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Full-Text Articles in Law

Automatic Teller Machine Robberies: Theories Of Liability, Joan Miles Jan 1986

Automatic Teller Machine Robberies: Theories Of Liability, Joan Miles

Fordham Urban Law Journal

This student note examines theories of liability arising from robberies and assaults at ATMs (automated teller machines). The author draws from tort law the principles of landowner liability for intentional, criminal acts of third parties that arise because of a landowner's failure to protect his or her tenants or customers. The author also examines recent legislation, the EFTA (electronic funds transfer act) to see if ATM robberies can be successfully categorized as 'unauthorized transfers' from banks. The author describes possible defenses for the banks based on the location and type of ATM that is robbed, and finally concludes that because …


New York's Medical Malpractice Insurance Crises--A New Direction For Reform, Mark Monaco Jan 1986

New York's Medical Malpractice Insurance Crises--A New Direction For Reform, Mark Monaco

Fordham Urban Law Journal

Beginning in the early 1970's, insurance companies nationwide began dropping out of the medical malpractice market. Medical malpractice had become an unprofitable field for investment partly because of a sharp and continuing increase both in the number of malpractice suits being brought against health-care providers and in the size of damage awards and settlements in medical malpractice cases. In response to increasing pressure from the medical profession and the insurance industry, many states in the mid-1970's began to experiment with ways of limiting the number of claims being entered against physicians and hospitals, and reducing the size of malpractice awards …