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Articles 1 - 28 of 28
Full-Text Articles in Law
Subjectively Speaking, The Applicable Standard For Deficient Medical Treatment Of Pretrial Detainees Should Be One Of Objective Reasonableness, Benjamin R. Black
Subjectively Speaking, The Applicable Standard For Deficient Medical Treatment Of Pretrial Detainees Should Be One Of Objective Reasonableness, Benjamin R. Black
Touro Law Review
There is no uniformity amongst the circuits when it comes to pretrial detainees claims for inadequate medical care. The circuits are currently grappling with this problem, applying two separate tests to pretrial detainees’ 42 U.S.C. § 1983 claims depending on the jurisdiction in which the incident arose. The test that should be applied across all circuits is one of objective reasonableness. However, some circuits do not see it that way, applying the deliberate indifference standard, also known as the subjective standard test. The circuits applying the subjective standard are relying on case law that does not properly analyze the rights …
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 …
(Un)Masking The Truth - The Cruel And Unusual Punishment Of Prisoners Amidst The Covid-19 Pandemic, Ariel Berkowitz
(Un)Masking The Truth - The Cruel And Unusual Punishment Of Prisoners Amidst The Covid-19 Pandemic, Ariel Berkowitz
Touro Law Review
No abstract provided.
I Am Woman, Hear Me Roar: Denial Of Sexual Reassignment Surgery For Transgender Inmates And The Eighth Amendment’S Ban On Cruel And Unusual Punishment, Chiara Haueter
Touro Law Review
No abstract provided.
The Friday Night “Who Is Driving?” Debate Will Soon Come To An End: How Autonomous Vehicles Are Changing Our Lives And Societal Norms, Nicholas Calabria
The Friday Night “Who Is Driving?” Debate Will Soon Come To An End: How Autonomous Vehicles Are Changing Our Lives And Societal Norms, Nicholas Calabria
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.
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.
Discrimination And Business Regulation, Eileen Kaufman
Discrimination And Business Regulation, Eileen Kaufman
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.
The State-Created Danger Doctrine, Erwin Chemerinsky
The State-Created Danger Doctrine, Erwin Chemerinsky
Touro Law Review
No abstract provided.
Watch Your Step: Recovery For Inmate Slip And Fall - Rodriguez V. City Of New York, Brittany A. Fiorenza
Watch Your Step: Recovery For Inmate Slip And Fall - Rodriguez V. City Of New York, Brittany A. Fiorenza
Touro Law Review
No abstract provided.
Ramifications Of Denny V. Ford Motor Co., Peter J. Ausili
Ramifications Of Denny V. Ford Motor Co., Peter J. Ausili
Touro Law Review
No abstract provided.
Hamilton V. Accutek: Potential Collective Liability Of The Handgun Industry For Negligent Marketing, Tyrone Hughes
Hamilton V. Accutek: Potential Collective Liability Of The Handgun Industry For Negligent Marketing, Tyrone Hughes
Touro Law Review
No abstract provided.
Federal Rule Of Evidence 407: Should It Apply To Products Liability?, Patricia A. Brass
Federal Rule Of Evidence 407: Should It Apply To Products Liability?, Patricia A. Brass
Touro Law Review
No abstract provided.
Strict Products Liability Under Restatement (Second) Of Torts § 402a: "Don't Throw The Baby Out With The Bathwater", M. Stuart Madden
Strict Products Liability Under Restatement (Second) Of Torts § 402a: "Don't Throw The Baby Out With The Bathwater", M. Stuart Madden
Touro Law Review
No abstract provided.
Panel Discussion Of Section 402a
The Appropriate Role Of Plantiff Misuse In Products Liability Causes Of Action, Peter Zablotsky
The Appropriate Role Of Plantiff Misuse In Products Liability Causes Of Action, Peter Zablotsky
Touro Law Review
No abstract provided.
Osha Evidence In Federal Court Products Liability Actions: Too Prejudicial To Be Admissible To Prove A Machine's Safety Or Defect, Or Simply Additional Evidence For The Fact Finder?, Michael Siris
Touro Law Review
No abstract provided.
Caveat Emptor: Will The A.L.I. Erode Strict Liability In The Restatement (Third) For Products Liability?, John F. Vargo
Caveat Emptor: Will The A.L.I. Erode Strict Liability In The Restatement (Third) For Products Liability?, John F. Vargo
Touro Law Review
No abstract provided.
From A Reporter's Perspective: A Prospective Agenda, Aaron Twerski
From A Reporter's Perspective: A Prospective Agenda, Aaron Twerski
Touro Law Review
No abstract provided.
Scared To Death: A Cause Of Action For Aids Phobia, Harris J. Zakarin
Scared To Death: A Cause Of Action For Aids Phobia, Harris J. Zakarin
Touro Law Review
No abstract provided.
Reflections On The Historical Context Of Section 402a, Oscar S. Gray
Reflections On The Historical Context Of Section 402a, Oscar S. Gray
Touro Law Review
No abstract provided.
Law Enforcement And Other Officers
The Special Relationship Rule: Is It Consistent With The Waiver Of Sovereign Immunity? - A Study Of Kircher V. City Of Jamestown, Brian T. Cohen
The Special Relationship Rule: Is It Consistent With The Waiver Of Sovereign Immunity? - A Study Of Kircher V. City Of Jamestown, Brian T. Cohen
Touro Law Review
No abstract provided.
The Abrogation Of Expert Dissection In Popular Music Copyright Infringement Cases: Suggested Modifications For The Implementation Of The Lay Listener Standard, Matthew W. Daus
Touro Law Review
No abstract provided.
Assumption Of Risk In New York Under Cplr 1411: Complete Bar Or Comparative Fault?, Thomas P. Lalor
Assumption Of Risk In New York Under Cplr 1411: Complete Bar Or Comparative Fault?, Thomas P. Lalor
Touro Law Review
No abstract provided.
The Noseworthy Doctrine: A Threepart Rule For Its Application, Steven D. Jannace
The Noseworthy Doctrine: A Threepart Rule For Its Application, Steven D. Jannace
Touro Law Review
No abstract provided.