Law Commons^™

Tort Reform & The Takings Clause, Bailey D. Barnes

Buffalo Law Review

The United States tort reform movement has capped noneconomic damage awards in many jurisdictions, thereby preventing the most injured plaintiffs from being fully compensated for their suffering. While litigants have asserted numerous state constitutional challenges to these tort recovery limits, with varying degrees of success, aggrieved plaintiffs have underutilized the Fifth Amendment’s Takings Clause. This Article advocates that judicial reduction of a jury’s noneconomic damage calculation after the court has informed the successful plaintiff of the full verdict is a regulatory taking in violation of the federal Takings Clause, as incorporated against the states through the Fourteenth Amendment.

A Takings …

Respondeat Superior Vicarious Liability For Clergy Sexual Abuse: Four Approaches, Patrick Hornbeck

Buffalo Law Review

No abstract provided.

Practical Alternatives To The Rule Of Joint And Several Liability: Regulatory Negligence As A Case Study, Boaz Segal

Buffalo Environmental Law Journal

No abstract provided.

[Auto-Reply] I’M Driving—I’Ll Get Back To You Later: Why New York Should Recognize Texters As Co-Creators Of Risk, Courtney A. Way

Buffalo Law Review

No abstract provided.

Retrievable Images On Social Media Platforms: A Call For A New Privacy Tort, Zahra Takhshid

Buffalo Law Review

No abstract provided.

Attorney-Client Privilege: Expanding The Crime-Fraud Exception To Intentional Torts, Stacy Kochanowski

Buffalo Law Review

No abstract provided.

Palsgraf-Ian Proximate Cause And Insurance Law: The State Of New York Additional Insured Coverage Following Burlington Insurance Co. V. Nyc Transit Authority, Ryan P. Maxwell

Buffalo Law Review

No abstract provided.

Finding A Better Way Around Employment At Will: Protecting Employees’ Autonomy Interests Through Tort Law, William R. Corbett

Buffalo Law Review

No abstract provided.

Doctors On The Take: Aligning Tort Law To Address Drug Company Payments To Prescribers, Lars Noah

Buffalo Law Review

The pharmaceutical and medical device industries aggressively market their wares to health care professionals, and the giving of gifts has become a central feature of this process. Most observers regard financial incentives tied to the use of specific therapeutic products as ethically impermissible, and various institutions have tried combating inappropriate gifts and payments to physicians: medical and industry groups adopted voluntary codes, federal agencies published advisory guidelines, and, most recently, state and federal legislatures enacted reporting laws. Self-regulation, threats of prosecution, and transparency initiatives have tempered the practice, but manufacturers continue to find clever ways of purchasing the loyalty of …

The Whole Wide World: Recognizing Jus Cogens Violations Under The Alien Tort Statute, Ursula Tracy Doyle

Buffalo Human Rights Law Review

No abstract provided.

Fake News: No One Is Liable, And That Is A Problem, Emma M. Savino

Buffalo Law Review

No abstract provided.

Victim Compensation Funds And Tort Litigation Following Incidents Of Mass Violence, Paul Heaton, Ivan Waggoner, Jamie Morikawa

Buffalo Law Review

No abstract provided.

Medical Malpractice Limitations For New York Infants—Time For A Change Of Time, Eugene T. Maccarrone, Victor D. Lopez

Buffalo Public Interest Law Journal

No abstract provided.

Evaluating Hydraulic Fracturing Regulation Under A Theory Of Strict Liability, Michael R. Lieberman

Buffalo Environmental Law Journal

No abstract provided.

Corrective Justice As Making Amends, Erik Encarnacion

Buffalo Law Review

No abstract provided.

Environments, Externalities And Ethics: Compulsory Multinational And Transnational Corporate Bonding To Promote Accountability For Externalization Of Environmental Harm, Matthew A. Susson

Buffalo Environmental Law Journal

Developing nations often look to their bounty of natural resources or willing labor as a means of attracting international investors. While national and local governments frequently perceive the arrival of a multinational corporate presence as a boon to their economy, the potential for government instability ineffectiveness or corruption may facilitate environmentally exploitive corporate practices. Furthermore, residents of the subject nation may be left without proper legal recourse. Legislators have made various efforts in both the United States and abroad to propound Corporate Codes of Conduct to address such concerns, but despite laudable intentions, features of the increasingly global economy "accentuate …

Which Interests Should Tort Protect?, Jean Thomas

Buffalo Law Review

No abstract provided.

No State Actor Left Behind: Rethinking Section 1983 Liability In The Context Of Disciplinary Alternative Schools And Beyond, Emily Chiang

Buffalo Law Review

No abstract provided.

Multiple Facets Of Damage Caused By Exposure To Low-Dose Radiation And The Legal Remedy, Yi-Chen Su, Peter W.S. Chang

Buffalo Environmental Law Journal

In addition to the toll in human life, there are at least three facets of damage caused by the protracted exposure to low-dose radiation: bodily injury, mental anguish, and property injury. After examining cases and compensation schemes in the United States and Taiwan, this article concludes that both the Taiwanese administrative compensation scheme and U.S. federal courts' interpretation of the Price-Anderson Act favor finding injury to the claimants' property, but not adverse effects to their health. To redress the injustice caused by the systemic bias, this article argues that the tort system should be adapted to tolerate gray area, such …

Has The Time (Of Laches) Come? Recent Nazi-Era Art Litigation In The New York Forum, Bert Demarsin

Buffalo Law Review

No abstract provided.

Leviathan Menacing The Gulf Coast: Catastrophic Consequences May Imperil The Rule Of Law, Beau James Brock

Buffalo Environmental Law Journal

No abstract provided.

Failing To Speak For Itself: The Res Ipsa Loquitur Presumption Of Parental Culpability And Its Greater Consequences, Allyson B. Levine

Buffalo Law Review

No abstract provided.

Short Notes On Teaching About The Micro-Politics Of Class, With Examples From Torts And Employment Law Casebooks, Susan Carle, Michelle Lapointe

Buffalo Law Review

No abstract provided.

Injunctions For Defamation, Juries, And And The Clarifying Lens Of 1868, Stephen A. Siegel

Buffalo Law Review

No abstract provided.

The Death Of Strict Liability, Peter M. Gerhart

Buffalo Law Review

No abstract provided.

Neither Innocent Nor Proven Guilty: The Aviall Services V. Cooper Industries Dilemma, Jeannette Paull

Buffalo Environmental Law Journal

No abstract provided.

Does Plaintiff Exclusion Have A Role To Play In Twenty-First Century Negligence Litigation?, Giuseppe A. Ippolito

Buffalo Public Interest Law Journal

No abstract provided.

Secret Police And The Mysterious Case Of The Missing Tort Claims, Marc L. Miller, Ronald F. Wright

Buffalo Law Review

No abstract provided.

Why Fear The Fungus? Why Toxic Mold Is And Is Not The Next Big Toxic Tort, Elizabeth L. Perry

Buffalo Law Review

No abstract provided.

The End Of Trial On Damages? Intangible Losses And Comparability Review, Joellen Lind

Buffalo Law Review

No abstract provided.