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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 …


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.


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.


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.


Statutory Construction--Extra-Territorial Application Of Federal Statutes--Application Of Federal Tort Claims Act To Claims Arising In Foreign Areas Leased To The United States, Thomas L. Waterbury S.Ed. May 1950

Statutory Construction--Extra-Territorial Application Of Federal Statutes--Application Of Federal Tort Claims Act To Claims Arising In Foreign Areas Leased To The United States, Thomas L. Waterbury S.Ed.

Michigan Law Review

Decedent, an airlines employee, was killed in a plane crash at Harmon Field, Newfoundland, a base leased to the United States by Great Britain for ninety-nine years. The plaintiff, decedent's administratrix, brought suit in a district court against the United States, relying on the Federal Tort Claims Act as a waiver of federal immunity from suit. Judgment for the United States was reversed by the Court of Appeals. On certiorari to the Supreme Court, held, reversed. The claim arose in a foreign country and the FTCA specifically retains federal immunity from suit on such claims. United States v. Spelar …