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Articles 1 - 30 of 50
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 …
This Aggression Will Not Stand, Schools: The Need For Federal Legislation Protecting Bullied Students With Disabilities, Russell A. Vogel
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
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 …
Jewish Law And The Concept Of Negligence, Steven F. Friedell
Jewish Law And The Concept Of Negligence, Steven F. Friedell
Touro Law Review
No abstract provided.
Yes, “Stealthing” Is Sexual Assault… And We Need To Address It, Mikaela Shapiro
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 …
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.
Through The Smoke: Do Current Civil Liability Laws Address The Unique Issues Presented By The Recreational Marijuana Industry?, Thomas Stufano
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.
A Hard Pill To Swallow: Symptoms And Prognosis Of The Drug Manufacturer Preemption Defense In 2018, Brandon Stephens
A Hard Pill To Swallow: Symptoms And Prognosis Of The Drug Manufacturer Preemption Defense In 2018, Brandon Stephens
Touro Law Review
No abstract provided.
Cardozo And The Civil Jury, Michael D. Green, Ashley Dimuzio
Cardozo And The Civil Jury, Michael D. Green, Ashley Dimuzio
Touro Law Review
No abstract provided.
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.
Dismantling Democracy: Common Sense And The Contract Jurisprudence Of Frank Easterbrook, Deborah Post
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
Where's The Sense In Hill V. Gateway 2000?: Reflections On The Visible Hand Of Norm Creation, Shubha Ghosh
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
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
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
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
Common Sense And Contract Law: Fear Of A Normative Planet?, Thomas Joo
Touro Law Review
No abstract provided.
Discrimination And Business Regulation, Eileen Kaufman
Discrimination And Business Regulation, Eileen Kaufman
Touro Law Review
No abstract provided.
Can Negligent Referral To Another Attorney Constitute Legal Malpractice?, Barry R. Temkin
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
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
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
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
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
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
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
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
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
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
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
Product Liability Issues In Mass Torts - View From The Bench, Hon. Helen E. Freedman
Touro Law Review
No abstract provided.