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Full-Text Articles in Law
The Identity Criterion: Resuscitating A Cardozian, Relational Approach To Duty Of Care In Negligence, Tim Kaye
The Identity Criterion: Resuscitating A Cardozian, Relational Approach To Duty Of Care In Negligence, Tim Kaye
Hofstra Law Review
Everyone agrees that the canonical case in American negligence law is Palsgraf v. Long Island Railroad Co. In his famous majority opinion in the New York Court of Appeals, Chief Judge Benjamin Cardozo held that the outcome of the case turned on whether the plaintiff, Mrs. Palsgraf, had been owed a duty of care by the Long Island Railroad. He declared that the answer to this question depended on whether the parties had a relevant relationship at the time of the conduct under consideration. “Negligence, like risk,” he said, is “a term of relation. Negligence in the abstract, apart from …
Plastic Injuries, Anne Bloom
Plastic Injuries, Anne Bloom
Hofstra Law Review
Perceptions of injuries are culturally mediated, mutable, plastic. In tort litigation, however, the cultural plasticity with which we perceive and experience injuries is often ignored. This Article explores the cultural plasticity with which we perceive injuries through the lens of plastic surgery litigation. It argues that determinations of injury in plastic surgery litigation turn on the culturally biased — and highly mutable — perceptions of medical professionals. More broadly, the Article argues that culture shapes perceptions of injuries in tort litigation as a whole. To make these points, the Article examines a prototypical plastic surgery case and surveys a range …
Pushing For The Injury: Tort Law's Influence In Defining The Constitutional Limitations On Punitive Damage Awards, Jill Wieber Lens
Pushing For The Injury: Tort Law's Influence In Defining The Constitutional Limitations On Punitive Damage Awards, Jill Wieber Lens
Hofstra Law Review
The limitations on a punitive damage award depend on the conception of punitive damages. Is it a private law remedy, limited to resolving the dispute between the parties? Or is it a public law remedy, capable of addressing public harm and achieving public good? The Supreme Court has not wavered from public law ideas of punitive damages - that the damages serve the state’s interests and are similar to criminal punishments. At the same time, the Court has focused on the actual injury to the plaintiff in its holdings and prohibited punitive damages from punishing harm to nonparties, indicating that …
Selling Your Torts: Creating A Market For Tort Claims And Liability, Isaac Marcushamer
Selling Your Torts: Creating A Market For Tort Claims And Liability, Isaac Marcushamer
Hofstra Law Review
No abstract provided.
Tort Reform: The Problem Of The Missing Tsar, Marshall S. Shapo
Tort Reform: The Problem Of The Missing Tsar, Marshall S. Shapo
Hofstra Law Review
No abstract provided.
From Risk-Utility To Consumer Expectations: Enhancing The Role Of Judicial Screening In Product Liability Litigation, Aaron D. Twerski
From Risk-Utility To Consumer Expectations: Enhancing The Role Of Judicial Screening In Product Liability Litigation, Aaron D. Twerski
Hofstra Law Review
No abstract provided.
Tort Law: Expanding The Scope Of Recovery Without Loss Of Jury Control, David A. Fischer
Tort Law: Expanding The Scope Of Recovery Without Loss Of Jury Control, David A. Fischer
Hofstra Law Review
No abstract provided.
Why Creative Judging Won't Save The Products Liability System, James A. Henderson Jr.
Why Creative Judging Won't Save The Products Liability System, James A. Henderson Jr.
Hofstra Law Review
No abstract provided.
Proving Causation In Toxic Torts Litigation, Myra Paiewonsky Mulcahy
Proving Causation In Toxic Torts Litigation, Myra Paiewonsky Mulcahy
Hofstra Law Review
No abstract provided.
Intentional Torts Under Workers' Compensation Statutes: A Blessing Or A Burden?, Leslie Hertz Kawaler
Intentional Torts Under Workers' Compensation Statutes: A Blessing Or A Burden?, Leslie Hertz Kawaler
Hofstra Law Review
No abstract provided.
Common Law Liability For Toxic Torts: A Phantom Remedy, William R. Ginsberg, Lois Weiss
Common Law Liability For Toxic Torts: A Phantom Remedy, William R. Ginsberg, Lois Weiss
Hofstra Law Review
No abstract provided.
Statutes Of Limitations And Pollutant Injuries: The Need For A Contemporary Legal Response To Contemporary Technological Failure, Michelle Sokol
Statutes Of Limitations And Pollutant Injuries: The Need For A Contemporary Legal Response To Contemporary Technological Failure, Michelle Sokol
Hofstra Law Review
No abstract provided.
Constitutional Torts Ten Years After Bivens, Sarah Callahan, Larry S. Candido, Linda Renee Giannattasio, Peter D. Koffler
Constitutional Torts Ten Years After Bivens, Sarah Callahan, Larry S. Candido, Linda Renee Giannattasio, Peter D. Koffler
Hofstra Law Review
No abstract provided.