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Full-Text Articles in Law
The Tort Whisperer: Nine Decades Later–My Perspective, Larry M. Roth
The Tort Whisperer: Nine Decades Later–My Perspective, Larry M. Roth
Touro Law Review
This Article provides a comparative analysis of Judge Benjamin Cardozo’s tort decisions in Palsgraf v. Long Island Railroad Co., one of his most famous tort decisions, contrasted with a lesser-known tort opinion in Hynes v. New York Central Railroad Co. The Author attempts to address Cardozo’s humanistic and intellectual dichotomies which are exemplified by these two real-life tort precedents—one of which, Palsgraf, most practitioners may only have a distant recall. A historical overview of Cardozo’s life is also discussed. These two decisions portray Cardozo as an emotive human being exercising hit-or-miss judging. This theme provides a differ viewpoint from Cardozo’s …
Palsgraf V. Long Island R.R.: Its Historical Context, William E. Nelson
Palsgraf V. Long Island R.R.: Its Historical Context, William E. Nelson
Touro Law Review
No abstract provided.
Recovering Wagner V. International Railway Company, Kenneth S. Abraham, G. Edward White
Recovering Wagner V. International Railway Company, Kenneth S. Abraham, G. Edward White
Touro Law Review
No abstract provided.
Discrimination And Business Regulation, Eileen Kaufman
Discrimination And Business Regulation, Eileen Kaufman
Touro Law Review
No abstract provided.
Common Ignorance: Medical Malpractice Law And The Misconceived Application Of The “Common Knowledge” And “Res Ipsa Loquitur” Doctrines, Amanda E. Spinner
Common Ignorance: Medical Malpractice Law And The Misconceived Application Of The “Common Knowledge” And “Res Ipsa Loquitur” Doctrines, Amanda E. Spinner
Touro Law Review
No abstract provided.
From A Whimper To A Bang: The Trend Toward Finding Occurrence Based Statutes Of Limitations Governing Negligent Misdiagnosis Of Diseases With Long Latency Periods Unconstitutional, Peter Zablotsky
Scholarly Works
No abstract provided.
The Jurisprudence Of Action And Inaction In The Law Of Tort: Solving The Puzzle Of Nonfeasance And Misfeasance From The Fifteenth Through The Twentieth Centuries, Theodore Silver, Jean Elting Rowe
The Jurisprudence Of Action And Inaction In The Law Of Tort: Solving The Puzzle Of Nonfeasance And Misfeasance From The Fifteenth Through The Twentieth Centuries, Theodore Silver, Jean Elting Rowe
Scholarly Works
No abstract provided.
Eliminating Proximate Cause As An Element Of The Prima Facie Case From Strict Products Liability, Peter Zablotsky
Eliminating Proximate Cause As An Element Of The Prima Facie Case From Strict Products Liability, Peter Zablotsky
Scholarly Works
No abstract provided.
Strict Products Liability Under Restatement (Second) Of Torts § 402a: "Don't Throw The Baby Out With The Bathwater", M. Stuart Madden
Strict Products Liability Under Restatement (Second) Of Torts § 402a: "Don't Throw The Baby Out With The Bathwater", M. Stuart Madden
Touro Law Review
No abstract provided.
Panel Discussion Of Section 402a
The Appropriate Role Of Plantiff Misuse In Products Liability Causes Of Action, Peter Zablotsky
The Appropriate Role Of Plantiff Misuse In Products Liability Causes Of Action, Peter Zablotsky
Touro Law Review
No abstract provided.
Osha Evidence In Federal Court Products Liability Actions: Too Prejudicial To Be Admissible To Prove A Machine's Safety Or Defect, Or Simply Additional Evidence For The Fact Finder?, Michael Siris
Touro Law Review
No abstract provided.
Caveat Emptor: Will The A.L.I. Erode Strict Liability In The Restatement (Third) For Products Liability?, John F. Vargo
Caveat Emptor: Will The A.L.I. Erode Strict Liability In The Restatement (Third) For Products Liability?, John F. Vargo
Touro Law Review
No abstract provided.
From A Reporter's Perspective: A Prospective Agenda, Aaron Twerski
From A Reporter's Perspective: A Prospective Agenda, Aaron Twerski
Touro Law Review
No abstract provided.
Scared To Death: A Cause Of Action For Aids Phobia, Harris J. Zakarin
Scared To Death: A Cause Of Action For Aids Phobia, Harris J. Zakarin
Touro Law Review
No abstract provided.
The Appropriate Role Of Plaintiff Misuse In Products Liability Causes Of Action, Peter Zablotsky
The Appropriate Role Of Plaintiff Misuse In Products Liability Causes Of Action, Peter Zablotsky
Scholarly Works
No abstract provided.
Reflections On The Historical Context Of Section 402a, Oscar S. Gray
Reflections On The Historical Context Of Section 402a, Oscar S. Gray
Touro Law Review
No abstract provided.