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.

[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 …

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.

Corrective Justice As Making Amends, Erik Encarnacion

Buffalo Law Review

No abstract provided.

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.

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

Buffalo Law Review

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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.

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.

Determining Punitive Damages: Empirical Insights And Implications For Reform, Jennifer K. Robbennolt

Buffalo Law Review

No abstract provided.

From Fairness To Efficiency: The Transformation Of Tort Law In New York, 1920-1980, William E. Nelson

Buffalo Law Review

No abstract provided.

Intentional Interference With Contract And The Doctrine Of Efficient Breach: Fine Tuning The Notion Of The Contract Breacher As Wrongdoer, Clark A. Remington

Buffalo Law Review

No abstract provided.

The Political Power Of Nuisance Law: Labor Picketing And The Courts In Modern England, 1871-Present, Rachel Vorspan

Buffalo Law Review

No abstract provided.

Behind The Battle Lines: A Comparative Analysis Of The Necessity To Enact Comprehensive Federal Products Liability Reforms, Gregory T. Miller

Buffalo Law Review

No abstract provided.

Reply To Professors Wolkoff & Hanushek On The Economics Of Structured Judgments Under Cplr Article 50-B, Anthony H. Riccardi

Buffalo Law Review

No abstract provided.

Santiago V. Sherwin-Williams Co.: Rejection Of Market Share Liability In Lead-Based Paint Litigation, Shirley H. Fang

Buffalo Law Review

No abstract provided.

Products Liability And Preemption: A Judicial Framework, Barbara L. Atwell

Buffalo Law Review

No abstract provided.

The Bomb Can Do No Wrong: From Blackstonean Misconception To The Technological God, Richard P. James

Buffalo Law Review

No abstract provided.