All Articles tagged torts

• General
  September 23, 2024 EDT
  23ANDME . . . AND YOU: EXAMINING THE EXISTENCE OF A PATIENT’S DUTY TO INFORM FAMILY MEMBERS OF GENETIC TEST RESULTS AND ESTABLISHING A NEW CAUSE OF ACTION
  Allegra J. Padula

  This Note argues a duty should be imposed on patients to warn relatives of genetic testing which may significantly affect that relative’s health and proposes elements for a new tort.

• General
  October 30, 2022 EDT
  REFUSING UNWANTED MEDICAL TREATMENT: AN UNPROTECTED RIGHT
  Nathaniel Clark

  Examines the background of futile treatment & advance directives, tort of wrongful prolongation of life & solutions for the reticence of the courts to protect an individuals’ right to die.

• General
  December 12, 2018 EDT
  THE TIDES OF TRANSGRESSIONS: AN ANALYSIS OF DEFAMATION AND THE RIGHTS OF THE LGBT COMMUNITY
  Ashley Milosevic

  The purpose of this discussion is to examine the arguments, history, and possible solutions to considering a false imputation of homosexuality defamatory.

• New York Appeals
  March 03, 2013 EDT
  FOREWARNED: SPORTS, TORTS, AND NEW YORK‘S DANGEROUS ASSUMPTION
  Benjamin P. Pomerance

  For decades New York state courts in torts cases have blanketly applied the assumption of risk doctrine and barred recovery rather than taking a more equitable approach under comparative negligence.

• General
  January 01, 2012 EDT
  A NEW LOOK AT DUTY IN TORT LAW: REHABILITATING FORESEEABILITY AND RELATED THEMES
  Alani Golanski

  This article addresses the subtle yet turbulent “duty wars” currently raging with respect to the conceptual nature of duty in tort law.

• General
  January 01, 2011 EDT
  CRISIS IN THE GULF OF MEXICO: IS NEW FEDERAL LEGISLATION THE ANSWER AND IF SO, TO WHAT QUESTION?
  Aaron Gershonowitz

  This essay discusses how the Deepwater Horizon incident raises significant questions about whether the existing compensation scheme creates the appropriate safety incentives.