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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 Jan 2024

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 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 …


(Un)Masking The Truth - The Cruel And Unusual Punishment Of Prisoners Amidst The Covid-19 Pandemic, Ariel Berkowitz Jan 2021

(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 Jan 2021

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 Jan 2020

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 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.


Discrimination And Business Regulation, Eileen Kaufman Mar 2016

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 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.


The State-Created Danger Doctrine, Erwin Chemerinsky May 2014

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 Mar 2013

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 Jan 1999

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 Jan 1996

Hamilton V. Accutek: Potential Collective Liability Of The Handgun Industry For Negligent Marketing, Tyrone Hughes

Touro Law Review

No abstract provided.


Private Loans Jan 1995

Private Loans

Touro Law Review

No abstract provided.


Federal Rule Of Evidence 407: Should It Apply To Products Liability?, Patricia A. Brass Jan 1994

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 Jan 1993

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 Jan 1993

Panel Discussion Of Section 402a

Touro Law Review

No abstract provided.


The Appropriate Role Of Plantiff Misuse In Products Liability Causes Of Action, Peter Zablotsky Jan 1993

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 Jan 1993

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 Jan 1993

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 Jan 1993

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 Jan 1993

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 Jan 1993

Reflections On The Historical Context Of Section 402a, Oscar S. Gray

Touro Law Review

No abstract provided.


Law Enforcement And Other Officers Jan 1992

Law Enforcement And Other Officers

Touro Law Review

No abstract provided.


The Special Relationship Rule: Is It Consistent With The Waiver Of Sovereign Immunity? - A Study Of Kircher V. City Of Jamestown, Brian T. Cohen Jan 1992

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 Jan 1992

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 Jan 1990

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 Jan 1990

The Noseworthy Doctrine: A Threepart Rule For Its Application, Steven D. Jannace

Touro Law Review

No abstract provided.