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- 9/11; First Responder Cases; Victims Compensation Fund (1)
- And Cosmetic Act; Products Liability; (1)
- Artificial Intelligence; Black-Box; Tunkl; Tunkl v. Regents of The University of California; Bargaining Power; Heuristic Biases; Information Asymmetry; Liability; Boilerplate; Radin; Healthcare Artificial Intelligence; Health Apps; Health Mobile Apps; Contract Formation; Tort Law; Contract Law (1)
- Choice of law; territorialism; conflict of laws (1)
- Criminal Law; Tort Law; Expert Evidence (1)
Articles 1 - 11 of 11
Full-Text Articles in Law
Situating Bystanders Within Strict Products Liability, Mark A. Geistfeld
Situating Bystanders Within Strict Products Liability, Mark A. Geistfeld
Brooklyn Journal of Corporate, Financial & Commercial Law
"The largely neglected role of bystanders within products liability is reflected in the extensive scholarship of Professor Aaron Twerski—the rightly celebrated honoree of this symposium. Within Twerski’s vast body of impressive publications, his limited discussions of bystanders align with the widely held assumption that, aside from the problems they pose for the consumer expectations test, bystanders do not merit much attention within the context of products liability. Bystander injuries are much more important than is commonly recognized; one must focus on them to adequately identify the conditions under which consumer-choice doctrines properly limit tort liability. Because the varied rules of …
In The Duty Wars, I'M Switzerland, W. Bradley Wendel
In The Duty Wars, I'M Switzerland, W. Bradley Wendel
Brooklyn Journal of Corporate, Financial & Commercial Law
The “duty wars” have been raging among tort scholars for some time, sparked by the Third Restatement’s deflationary approach to the duty element of the negligence cause of action. Defenders of the traditional approach to duty insist that it is necessary to ensure that tort law stays on the right side of the boundary between public and private law insofar as the negligence tort recognizes a relational conception of rights owed among individuals. The worry is that negligence shorn of the duty element becomes an instrument of efficiency or deterrence rather than recognizing obligations. Relatedly, the approach pioneered by the …
Not All Product-Caused Harm Is "Products Liability", Michael D. Green
Not All Product-Caused Harm Is "Products Liability", Michael D. Green
Brooklyn Journal of Corporate, Financial & Commercial Law
"Since two important federal preemption decisions by the United States Supreme Court, those injured by warnings defects in the drugs they take may sue the manufacturer only if the patient took a brand-name drug. Those who took the generic version of the drug, which comprise approximately 90 percent of all prescriptions, cannot sue the drug manufacturer regardless of how inadequate its labeling is in explaining the risks of consuming the drug. Clever plaintiffs’ lawyers began bringing suits on behalf of their generic-drug-consuming clients against brand-name manufacturers that, under the Food, Drug, and Cosmetic Act, control the labeling both on their …
Professor Aaron Twerski: Special Master In The 9/11 Responders' Litigation, Stephan Landsman
Professor Aaron Twerski: Special Master In The 9/11 Responders' Litigation, Stephan Landsman
Brooklyn Journal of Corporate, Financial & Commercial Law
No abstract provided.
Enterprise, Liability, And Insolvency: An Essay In Honor Of Aaron Twerski, Edward J. Janger
Enterprise, Liability, And Insolvency: An Essay In Honor Of Aaron Twerski, Edward J. Janger
Brooklyn Journal of Corporate, Financial & Commercial Law
Modern tort law links concepts of duty, duty of care, causation, and compensatory damages in a manner that, it is hoped, simultaneously communicates moral suasion, redresses wrongs, and incentivizes “reasonable” socially appropriate behavior. Deterrence and corrective justice differ fiercely about the scope of and rationale for liability, but both assume that tortfeasors are good for their debts (or at least insured). This is not always the case. Sometimes, debtors are insolvent. Bankruptcy law provides individuals with a route to a fresh start, and this paper considers the relationship between modern tort law and the discharge of debt in bankruptcy. The …
Aaron Twerski — Practical Wisdom At Ground Zero, Anthony J. Sebok
Aaron Twerski — Practical Wisdom At Ground Zero, Anthony J. Sebok
Brooklyn Journal of Corporate, Financial & Commercial Law
This Article celebrates Professor. Aaron Twerski’s “practical wisdom” in crafting a solution (with Jim Henderson) to a problem faced by Judge Alvin Hellerstein in the so-called 9/11 First Responder cases. The problem was that Congress did not include these plaintiffs within the Victims Compensation Fund (“VCF”) despite there being every reason to suspect that the interaction of workersman’s compensation law and tort law, if left to operate on their own, would generate a politically unacceptable outcome. Despite his clear misgivings – —expressed decades earlier – —about allowing those who control the workplace to enjoy the benefits of limited liability guaranteed …
Getting The Law Right: An Essay In Honor Of Aaron Twerski, John C. P. Goldberg, Benjamin C. Zipursky
Getting The Law Right: An Essay In Honor Of Aaron Twerski, John C. P. Goldberg, Benjamin C. Zipursky
Brooklyn Journal of Corporate, Financial & Commercial Law
Written in honor of the great torts scholar Aaron Twerski, this article critically analyzes disturbing developments in New York negligence law as it applies to police who injure innocent bystanders. With the New York Court of Appeals’ 2022 decision in Ferreira v. City of Binghamton as a focal point, it argues that Ferreira and other contemporary decisions have largely betrayed the promise of the 1929 Court of Claims Act, which waived state and municipal immunity for police torts. While courts may be warranted in recognizing certain limits on police negligence liability that do not apply to private actors, the current …
Engaging With Professor Twerski In The Choice Of Law Revolution, Robert A. Sedler
Engaging With Professor Twerski In The Choice Of Law Revolution, Robert A. Sedler
Brooklyn Journal of Corporate, Financial & Commercial Law
No abstract provided.
Expert Evidence: The Gatekeeper Role Of Justice, Victor E. Schwartz
Expert Evidence: The Gatekeeper Role Of Justice, Victor E. Schwartz
Brooklyn Journal of Corporate, Financial & Commercial Law
No abstract provided.
The Constitutional Claim To Individuation In Tort — A Tale Of Two Centuries, Part 2, Douglas A. Kysar
The Constitutional Claim To Individuation In Tort — A Tale Of Two Centuries, Part 2, Douglas A. Kysar
Brooklyn Journal of Corporate, Financial & Commercial Law
This Article—drafted to honor Professor Aaron Twerski on the occasion of his festschrift at Brooklyn Law School—draws inspiration from his classic 1989 article on market share liability. In that article, Professor Twerski observed that doctrinal confusions in market share liability arose from judges who “had their feet firmly planted in two different centuries—one foot in the nineteenth century and the other in the twenty-first century.” This Article takes inspiration from Twerski’s “two centuries” metaphor to examine the rise of constitutional objections by defendants to certain doctrinal innovations that attempt to adapt tort law to modern ways of causing, identifying, and …
Clicking Away Consent: Establishing Accountability And Liability Apportionment In Direct-To-Consumer Healthcare Artificial Intelligence, Stephanie L. Lee
Clicking Away Consent: Establishing Accountability And Liability Apportionment In Direct-To-Consumer Healthcare Artificial Intelligence, Stephanie L. Lee
Brooklyn Law Review
Artificial Intelligence (AI) and machine learning are making sweeping changes across all industries, and health care is no exception. AI promises to revolutionize patient treatment with the development of algorithm-driven tools to improve efficiency in clinical care. As alluring as machine-driven learning may be given its potentialities, however, the incorporation of AI into the healthcare field has also been received with trepidation. This fear is understandable given the lack of transparency to the public surrounding the exact mechanisms for creating algorithms and the reasoning followed by the software. Indeed, AI in the healthcare system is aptly known as “black-box medicine.” …