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Full-Text Articles in Admiralty

Assumption Of Risk In Consumer Contracts And The Distraction Of Unconscionability, Zahra Takhshid Oct 2021

Assumption Of Risk In Consumer Contracts And The Distraction Of Unconscionability, Zahra Takhshid

Cardozo Law Review

For years, courts have struggled to determine when to enforce exculpatory clauses that would prevent personal injury victims from availing themselves of tort remedies under the doctrine of express assumption of risk. In the past, when courts declined to enforce these clauses, they did so on the ground that enforcing such a waiver for the activities in question was “against public policy.” Recently, however, many courts have addressed the issue through the contract doctrine of “unconscionability.” This change in focus has subtly but importantly altered the enforceability inquiry by emphasizing the conditions under which the plaintiff agreed to the contract, …


Taking Daubert’S “Focus” Seriously: The Methodology/Conclusion Distinction, Kenneth J. Chesebro Apr 1994

Taking Daubert’S “Focus” Seriously: The Methodology/Conclusion Distinction, Kenneth J. Chesebro

Cardozo Law Review

Last June's United States Supreme Court decision in Daubert v. Merrell Dow Pharmaceuticals, Inc., rejected the Frye "general acceptance" test for scientific evidence, and went on to make "some general observations" about proper admissibility analysis under Federal Rule of Evidence 702. Daubert was the Court's first decision squarely addressing the expert testimony provisions of the Federal Rules of Evidence, and United States Law Week called Daubert "probably the most important procedural case of the term."


Sexual Equality Before The Silver Oar: Lifting The Fog On Women, Ships, And The Law Of Admiralty, Robert M. Jarvis Jan 1985

Sexual Equality Before The Silver Oar: Lifting The Fog On Women, Ships, And The Law Of Admiralty, Robert M. Jarvis

Cardozo Law Review

No abstract provided.


Tacking A True Course For Maritime Liens On Freight, Uriel P. Bauer Jan 1985

Tacking A True Course For Maritime Liens On Freight, Uriel P. Bauer

Cardozo Law Review

No abstract provided.


Salvage And The Public Interest, Steven F. Friedell Jan 1983

Salvage And The Public Interest, Steven F. Friedell

Cardozo Law Review

No abstract provided.


Reconciling Maritime Liens And The Limitation Of Liability Act, David G. Carlson Jan 1982

Reconciling Maritime Liens And The Limitation Of Liability Act, David G. Carlson

Cardozo Law Review

No abstract provided.