Attorney-Client Privilege: Expanding The Crime-Fraud Exception To Intentional Torts,
2019
Buffalo Law Review
Attorney-Client Privilege: Expanding The Crime-Fraud Exception To Intentional Torts, Stacy Kochanowski
Buffalo Law Review
No abstract provided.
Perpetuating Injustice: Analyzing The Maryland Court Of Appeals’S Refusal To Change The Common Law Doctrine Of Contributory Negligence,
2019
University of Maryland Francis King Carey School of Law
Perpetuating Injustice: Analyzing The Maryland Court Of Appeals’S Refusal To Change The Common Law Doctrine Of Contributory Negligence, Andrew White
Maryland Law Review
No abstract provided.
Introductory Remarks From The Festschrift Organizer,
2019
Benjamin N. Cardozo School of Law
Introductory Remarks From The Festschrift Organizer, Richard Weisberg
Cardozo Law Review
On October 11, 2018, a group of scholars from around the world gathered at Cardozo to celebrate the writings of Professor Arthur Jacobson. A fair sampling of their remarks in his honor follows in this special number of the Cardozo Law Review. Thanks for the event itself and the proceedings of the 11 th of October are due Dean Melanie Leslie, Josephine Tirado, Michael Pantazakos, my research assistants Catherine Weiss and Scott Christopher, and the editors of the Law Review.
An Appreciation,
2019
Benjamin N. Cardozo School of Law
An Appreciation, Monroe Price
Cardozo Law Review
When I came to Cardozo in 1982, now many years ago and shortly after its founding, the question was who, as a leading voice of a vigorous and contentious faculty, could be the wise and understanding guide for a relatively young and somewhat impetuous dean, someone who would be willing to sacrifice his or her own scholarship for a bit to help navigate a significant transition and work to add to Cardozo's incipient distinctions. I fortunately turned to Arthur to be Associate Dean and ambassador to the faculty, an ambassador to many places. He could deploy his experience and instinct …
Mind Your Businesses: Why Georgia Companies Should Worry About European Privacy Law,
2019
University of Georgia School of Law
Mind Your Businesses: Why Georgia Companies Should Worry About European Privacy Law, Emily E. Seaton
Georgia Journal of International & Comparative Law
No abstract provided.
Ordinary Causation: A Study In Experimental Statutory Interpretation,
2019
Brooklyn Law School
Ordinary Causation: A Study In Experimental Statutory Interpretation, James Macleod
Faculty Scholarship
No abstract provided.
A Corporate Duty To Rescue: Biopharmaceutical Companies And Access To Medications,
2019
Stanford Center for Law and the Biosciences
A Corporate Duty To Rescue: Biopharmaceutical Companies And Access To Medications, Rebecca E. Wolitz
Indiana Law Journal
Controversies regarding the pricing of biopharmaceutical products are pervasive. Patients must choose between treatment and rent, prescriptions go unfilled, and health systems are forced to restrict access to life-saving medications— all because of cost. Though there is often consensus that these issues are problematic, there is disagreement as to what are appropriate solutions and who has responsibility to bring about those solutions. Most efforts to address biopharmaceutical pricing concerns focus on governmental regulation. This Article has a different focus. It provides a legal and normative analysis of a form of corporate self-regulation that could help address access and pricing concerns—a …
Money That Costs Too Much: Regulating Financial Incentives,
2019
Columbia Law School
Money That Costs Too Much: Regulating Financial Incentives, Kristen Underhill
Indiana Law Journal
Money may not corrupt. But should we worry if it corrodes? Legal scholars in a range of fields have expressed concern about “motivational crowding-out,” a process by which offering financial rewards for good behavior may undermine laudable social motivations, like professionalism or civic duty. Disquiet about the motivational impacts of incentives has now extended to health law, employment law, tax, torts, contracts, criminal law, property, and beyond. In some cases, the fear of crowding-out has inspired concrete opposition to innovative policies that marshal incentives to change individual behavior. But to date, our fears about crowding-out have been unfocused and amorphous; …
Rescuing Maryland Tort Law: A Tribute To Judge Sally Adkins,
2019
University of Maryland School of Law
Rescuing Maryland Tort Law: A Tribute To Judge Sally Adkins, Donald G. Gifford
Maryland Law Review
No abstract provided.
The United Nations Compensation Commission: Mass Reparations Apotheosis,
2019
Loyola Marymount University and Loyola Law School
The United Nations Compensation Commission: Mass Reparations Apotheosis, Gregory Townsend
Loyola of Los Angeles International and Comparative Law Review
No abstract provided.
Rediscovering The Issue Class In Mass Tort Mdls,
2019
Benjamin N. Cardozo School of Law
Rediscovering The Issue Class In Mass Tort Mdls, Myriam E. Gilles, Gary Friedman
Articles
For the past twenty-plus years, MDL transferee judges have essentially regarded the class device as unavailable as they struggle to organize masses of tort actions sent their way by the JPML. Even the badges and incidents of class practice, in the form of common-fund-based approaches to attorney compensation and lead-counsel structures for case organization, have come under attack from commentators who insist that mass-tort MDLs should not be treated as “quasi-class actions,” and that Rule 23 does not present a “grab bag” from which MDL judges may pick and choose the most convenient implements. Leading lights of the complex litigation …
Persecution Restitution: Removing The Jurisdictional Roadblocks To Torture Victim Protection Act Claims,
2019
Brooklyn Law School
Persecution Restitution: Removing The Jurisdictional Roadblocks To Torture Victim Protection Act Claims, Michael J. Stephan
Brooklyn Law Review
The Center for Victims of Torture estimates that as many as 1.3 million torture victims are living in the United States, but few of them have ever sought recourse against their offenders. Instead, most victims of torture flee the region where they are at risk of being further victimized and seek refuge in the United States. Fortunately, the United States provides a judicial method of recovery for those who have suffered, even when that suffering took place abroad at the hands of a foreign individual. The Torture Victim Protection Act of 1991, or TVPA, allows torture victims to pursue damages …
Adopting Civil Damages: Wrongful Family Separation In Adoption,
2019
Texas A&M University School of Law
Adopting Civil Damages: Wrongful Family Separation In Adoption, Malinda L. Seymore
Washington and Lee Law Review
The Trump Administration’s new immigration policy of family separation at the U.S./Mexico border rocked the summer of 2018. Yet family separation is the prerequisite to every legal adoption. The circumstances are different, of course. In legal adoption, the biological parents are provided with all the constitutional protections required in involuntary termination of parental rights, or they have voluntarily consented to family separation. But what happens when that family separation is wrongful, when the birth mother’s consent is not voluntary, or when the birth father’s wishes to parent are ignored? In theory, the child can be returned to the birth parents …
Liability Not Waived For Lackawanna College: Athletic Programs May Not Disregard Minimal Standards Of Care And Safety,
2019
Villanova University Charles Widger School of Law
Liability Not Waived For Lackawanna College: Athletic Programs May Not Disregard Minimal Standards Of Care And Safety, Rachael Marvin
Jeffrey S. Moorad Sports Law Journal (1994 - )
No abstract provided.
Tort Law’S Devaluation Of Stillbirth,
2019
University of Nevada, Las Vegas -- William S. Boyd School of Law
Tort Law’S Devaluation Of Stillbirth, Jill Wieber Lens
Nevada Law Journal
No abstract provided.
The Courtroom Turned Classroom: A Model Procedure For Educating The Gatekeepers Of Expert Evidence In Complex Toxic Tort Cases,
2019
Benjamin N. Cardozo School of Law
The Courtroom Turned Classroom: A Model Procedure For Educating The Gatekeepers Of Expert Evidence In Complex Toxic Tort Cases, Izabelle Tully
Cardozo Law Review
This Note maintains that in order for Rule 702 and the Daubert standard to have their intended effect, judges need more guidance and structure in how they approach scientific admissibility decisions. An analysis of how courts following Daubert currently address novel science, specifically in toxic tort cases where some members of the scientific community label causation evidence as junk science, supports this argument. This Note will focus on procedures courts have used to make gatekeeping decisions. From a study of these procedures, this Note will suggest a model framework that courts should employ to tackle novel science issues in mass …
Civil Rico: An Effective Deterrent To Fraudulent Asbestos Litigation?,
2019
Benjamin N. Cardozo School of Law
Civil Rico: An Effective Deterrent To Fraudulent Asbestos Litigation?, Lester Brickman
Cardozo Law Review
In January 2014, U.S. Bankruptcy Judge George Hodges, presiding over the asbestos-related bankruptcy of Garlock Sealing Technologies, LLC, a manufacturer of gaskets containing asbestos, issued an order estimating Garlock's liability for pending and future mesothelioma cases. Judge Hodges, after hearing evidence discovered by Garlock in a sampling of settled cases, rejected using the usual bankruptcy court recourse to the debtor's historic settlement values as a valid basis for estimating Garlock's total future liability for asbestos-related injuries. He found that Garlock's prior mesothelioma settlements were not a reliable predictor of Garlock's liability because those settlements had been infected by misrepresentations by …
Tort Law,
2019
National University of Singapore
Tort Law, Amirthalingam Kumaralingam, Gary Kok Yew Chan
Research Collection Yong Pung How School Of Law
There were over 40 torts cases in 2019, of which just over half involved the tort of negligence. Unlike previous years, this year's review will deal only with the ten most significant judgments. A full list of torts cases is included at the end of this chapter for the convenience of readers. Of the ten cases, not surprisingly, five of them are claims in negligence. Of these, three involve medical negligence and two involve negligent misrepresentation causing economic loss. The remaining cases relate to claims under the tort of conspiracy, defamation, fraud (or deceit), malicious falsehood as well as nuisance …
If A Tree Falls In A Roadway, Is Anyone Liable?: Proposing The Duty Of Reasonable Care For Virginia’S Road-Maintaining Entities,
2019
Washington and Lee University School of Law
If A Tree Falls In A Roadway, Is Anyone Liable?: Proposing The Duty Of Reasonable Care For Virginia’S Road-Maintaining Entities, Ian J. Mcelhaney
Washington and Lee Law Review
This Note considers whether a duty for road-maintaining entities is tenable under Virginia law. It also explores the rationale for imposing differing liabilities between landowners and road-maintaining entities. Part III reviews the various duties other states use with respect to dangerous roadside trees and concludes that the duty of reasonable care is most appropriate for Virginia. Sovereign immunity is a companion issue and is addressed in Part IV. The Part provides a brief overview of the policy arguments for sovereign immunity, before reviewing immunity’s impact at the state, county, and municipal levels. The Part also addresses a government employee’s entitlement …
In Search Of A Unified Theory Of The Duties Flowing From Property Ownership In Virginia: A Response To Mcelhaney’S If A Tree Falls,
2019
MichieHamlett Attorneys at Law
In Search Of A Unified Theory Of The Duties Flowing From Property Ownership In Virginia: A Response To Mcelhaney’S If A Tree Falls, E. Kyle Mcnew
Washington and Lee Law Review
In his Note, Ian McElhaney concludes that the Court got it right in Cline v. Dunlora South, LLC—that the landowner owes no duty to protect travelers on adjoining roadways from natural conditions on the landowner’s property—because the Court also got it right in Cline v. Commonwealth when it held that the Commonwealth of Virginia may have that duty instead. In the narrowest view, that is certainly a defensible position. If the case is just about natural conditions and roads, then there is intuitive appeal in saying that they are the Commonwealth’s roads; so, it is the Commonwealth’s job to make …
