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Full-Text Articles in Legal Remedies
Contributory Negligence And Mitigation: Shall The Two Walk Together?, Dr. Yehuda Adar
Contributory Negligence And Mitigation: Shall The Two Walk Together?, Dr. Yehuda Adar
Yehuda Adar Dr.
-This Article is in Hebrew-
This paper discusses and critically examines the close interrelations of two of the main defences to liability in damages for torts and breach of contract. After a careful analysis of the various similarities between the doctrines of contributory (or comparative) negligence and mitigation of damages, and the basic difference between the two, the article reaches the conclusion that there is no justification for the ongoing existence of the mitigation doctrine. It should be abolished, and the doctrine of comparative negligence should be adopted across the board in both tort law and contract law.
Margae, Inc. V. Clear Link Technologies, Jonathan Goodman
Margae, Inc. V. Clear Link Technologies, Jonathan Goodman
NYLS Law Review
No abstract provided.
Seeing Subtle Racism, Pat K. Chew
Seeing Subtle Racism, Pat K. Chew
Articles
Traditional employment discrimination law does not offer remedies for subtle bias in the workplace. For instance, in empirical studies of racial harassment cases, plaintiffs are much more likely to be successful if they claim egregious and blatant racist incidents rather than more subtle examples of racial intimidation, humiliation, or exclusion. But some groundbreaking jurists are cognizant of the reality and harm of subtle bias - and are acknowledging them in their analysis in racial harassment cases. While not yet widely recognized, the jurists are nonetheless creating important precedents for a re-interpretation of racial harassment jurisprudence, and by extension, employment discrimination …