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Full-Text Articles in Law

The Tort Whisperer: Nine Decades Later–My Perspective, Larry M. Roth Jan 2023

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 …


This Aggression Will Not Stand, Schools: The Need For Federal Legislation Protecting Bullied Students With Disabilities, Russell A. Vogel Jan 2022

This Aggression Will Not Stand, Schools: The Need For Federal Legislation Protecting Bullied Students With Disabilities, Russell A. Vogel

Touro Law Review

A boy with Autism comes home from school, visibly upset. His parents ask him why, and he responds that nobody in his class likes him. To his parents’ horror, they learn that their son’s teacher encouraged a class discussion about why they dislike their son. When the boy’s parents complain to the school about this issue, school administrators brush it aside. The next day, students sitting near the boy move their desks away from him and taunt him for the way he acts every time he tries to socialize with them. The boy then refuses to go to school each …


How Covid-19 Put The Spotlight On The Emtala, Ikra Kafayat Jan 2022

How Covid-19 Put The Spotlight On The Emtala, Ikra Kafayat

Touro Law Review

There was a time when those that were unable to afford medical care risked being denied treatment in emergency situations. Before Congress passed Emergency Medical Treatment & Labor Act (EMTALA), patients were being transferred to different hospitals, without being screened, because they did not have insurance and could not afford the treatment. Hospitals are no longer allowed to transport patients without properly screening and stabilizing them. Patients can bring a suit against a hospital if they believe the hospital violated EMTALA, however, in certain circuits the patient will need to prove that hospital had an “improper motive” for failing to …


Yes, “Stealthing” Is Sexual Assault… And We Need To Address It, Mikaela Shapiro Jan 2021

Yes, “Stealthing” Is Sexual Assault… And We Need To Address It, Mikaela Shapiro

Touro Law Review

Nonconsensual condom removal, more popularly known as “stealthing,” exposes victims to potential physical risks such as pregnancy and disease and, as victims make clear, feelings of violation and shame. Such condom removal changes sex from consensual sex into nonconsensual sex. There are currently no laws criminalizing stealthing in the United States. This Note considers possible criminal and civil remedies victims may seek in a court of law. Conditional consent, initial consent to sexual activity that is contingent upon intercourse with a condom and may be revoked once that condom is removed, is a key factor in stealthing cases. Ultimately, this …


Jewish Law And The Concept Of Negligence, Steven F. Friedell Jan 2021

Jewish Law And The Concept Of Negligence, Steven F. Friedell

Touro Law Review

No abstract provided.


Palsgraf V. Long Island R.R.: Its Historical Context, William E. Nelson Jan 2018

Palsgraf V. Long Island R.R.: Its Historical Context, William E. Nelson

Touro Law Review

No abstract provided.


Through The Smoke: Do Current Civil Liability Laws Address The Unique Issues Presented By The Recreational Marijuana Industry?, Thomas Stufano Jan 2018

Through The Smoke: Do Current Civil Liability Laws Address The Unique Issues Presented By The Recreational Marijuana Industry?, Thomas Stufano

Touro Law Review

No abstract provided.


Recovering Wagner V. International Railway Company, Kenneth S. Abraham, G. Edward White Jan 2018

Recovering Wagner V. International Railway Company, Kenneth S. Abraham, G. Edward White

Touro Law Review

No abstract provided.


Cardozo And The Civil Jury, Michael D. Green, Ashley Dimuzio Jan 2018

Cardozo And The Civil Jury, Michael D. Green, Ashley Dimuzio

Touro Law Review

No abstract provided.


A Hard Pill To Swallow: Symptoms And Prognosis Of The Drug Manufacturer Preemption Defense In 2018, Brandon Stephens Jan 2018

A Hard Pill To Swallow: Symptoms And Prognosis Of The Drug Manufacturer Preemption Defense In 2018, Brandon Stephens

Touro Law Review

No abstract provided.


Dismantling Democracy: Common Sense And The Contract Jurisprudence Of Frank Easterbrook, Deborah Post Mar 2016

Dismantling Democracy: Common Sense And The Contract Jurisprudence Of Frank Easterbrook, Deborah Post

Touro Law Review

No abstract provided.


Preface To The Gateway Thread, Deborah Post Mar 2016

Preface To The Gateway Thread, Deborah Post

Touro Law Review

No abstract provided.


Where's The Sense In Hill V. Gateway 2000?: Reflections On The Visible Hand Of Norm Creation, Shubha Ghosh Mar 2016

Where's The Sense In Hill V. Gateway 2000?: Reflections On The Visible Hand Of Norm Creation, Shubha Ghosh

Touro Law Review

No abstract provided.


Cognition And Common Sense In Contract Law, Beverly Horsburgh, Andrew Cappel Mar 2016

Cognition And Common Sense In Contract Law, Beverly Horsburgh, Andrew Cappel

Touro Law Review

No abstract provided.


Common Sense, Contracts, And Law And Literature: Why Lawyers Should Read Henry James, Lenora Ledwon Mar 2016

Common Sense, Contracts, And Law And Literature: Why Lawyers Should Read Henry James, Lenora Ledwon

Touro Law Review

No abstract provided.


Of Contract, Culture, And The Code: Judge Easterbrook And The Cheyenne Indians, John M. Conley Mar 2016

Of Contract, Culture, And The Code: Judge Easterbrook And The Cheyenne Indians, John M. Conley

Touro Law Review

No abstract provided.


Common Sense And Contract Law: Fear Of A Normative Planet?, Thomas Joo Mar 2016

Common Sense And Contract Law: Fear Of A Normative Planet?, Thomas Joo

Touro Law Review

No abstract provided.


Discrimination And Business Regulation, Eileen Kaufman Mar 2016

Discrimination And Business Regulation, Eileen Kaufman

Touro Law Review

No abstract provided.


Can Negligent Referral To Another Attorney Constitute Legal Malpractice?, Barry R. Temkin Mar 2016

Can Negligent Referral To Another Attorney Constitute Legal Malpractice?, Barry R. Temkin

Touro Law Review

No abstract provided.


The Latest Word From The Supreme Court On Punitive Damages, Leon D. Lazer Mar 2016

The Latest Word From The Supreme Court On Punitive Damages, Leon D. Lazer

Touro Law Review

No abstract provided.


The Availability Of Benefit Of The Bargain Expectancy-Based Damages For Buyers Defrauded In California Real Estate Transactions, Laurence A. Steckman, Robert E. Conner, Kris Steckman Taylor Aug 2015

The Availability Of Benefit Of The Bargain Expectancy-Based Damages For Buyers Defrauded In California Real Estate Transactions, Laurence A. Steckman, Robert E. Conner, Kris Steckman Taylor

Touro Law Review

No abstract provided.


Freedom Of Unspoken Speech: Implied Defamation And Its Constitutional Limitations, Julie M. Capie Aug 2015

Freedom Of Unspoken Speech: Implied Defamation And Its Constitutional Limitations, Julie M. Capie

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 Jul 2015

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.


Fantasy Sports And The Right Of Publicity Are Under Further Review, Christopher Miner Oct 2014

Fantasy Sports And The Right Of Publicity Are Under Further Review, Christopher Miner

Touro Law Review

No abstract provided.


Supreme Court, New York County, Renco Group, Inc. V. Workers World Party, Inc., Edward Puerta May 2014

Supreme Court, New York County, Renco Group, Inc. V. Workers World Party, Inc., Edward Puerta

Touro Law Review

No abstract provided.


No Adequate Recompense For Destruction: The Constitutionality Of The New York Medical Malpractice Statute Of Limitations As Applied To Misdiagnosis Of Latent Disease, Lillian M. Spiess May 2014

No Adequate Recompense For Destruction: The Constitutionality Of The New York Medical Malpractice Statute Of Limitations As Applied To Misdiagnosis Of Latent Disease, Lillian M. Spiess

Touro Law Review

No abstract provided.


Ambiguity In The Realm Of Defamation: Rhetorical Hyperbole Or Provable Falsity? - Gorilla Coffee, Inc. V. New York Times Co., Tiffany Frigenti Jul 2012

Ambiguity In The Realm Of Defamation: Rhetorical Hyperbole Or Provable Falsity? - Gorilla Coffee, Inc. V. New York Times Co., Tiffany Frigenti

Touro Law Review

No abstract provided.


Considering The Libel Trial Of Émile Zola In Light Of Contemporary Defamation Doctrine, Peter A. Zablotsky Jan 2012

Considering The Libel Trial Of Émile Zola In Light Of Contemporary Defamation Doctrine, Peter A. Zablotsky

Touro Law Review

Touro Law School's three-day conference on the Dreyfus affair provided an opportunity to re-examine the libel trial Émile Zola. A modern view on tort law is provided to analyze this case as if it unfolded today.


Emerging Trends For Products Liability: Market Share Liability, Its History And Future, Frank J. Giliberti Jan 1999

Emerging Trends For Products Liability: Market Share Liability, Its History And Future, Frank J. Giliberti

Touro Law Review

No abstract provided.


Product Liability Issues In Mass Torts - View From The Bench, Hon. Helen E. Freedman Jan 1999

Product Liability Issues In Mass Torts - View From The Bench, Hon. Helen E. Freedman

Touro Law Review

No abstract provided.