All Articles tagged duty

• 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.

• Justice Commentaries
  December 17, 2016 EDT
  THE PROSECUTOR’S DUTY OF SILENCE
  Bennett Gershman

  This article demonstrates that regulation of prosecutor speech is piecemeal and inconsistent.

• New York Appeals
  March 03, 2013 EDT
  PUNITIVE DAMAGES: PUBLIC WRONG OR EGREGIOUS CONDUCT?
  John M. LeventhalThomas A. Dickerson

  This article provides a historical perspective of New York state jurisprudence on punitive damages and the rationales for their imposition.

• 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.

• New York Appeals
  March 03, 2011 EDT
  THE CONTROVERSIAL CONTRADICTION BETWEEN TRADITION PRECEDENT AND RECENT FAILURE TO WARN JURISPRUDENCE IN NEW YORK
  Dwight A. KernDavid S. Kostus

  This article discusses liability for "failure to warn" under New York products liability law.

• General
  January 01, 2011 EDT
  COST-BENEFIT ANALYSIS OF THE BUSINESS JUDGMENT RULE: A CRITIQUE IN LIGHT OF THE FINANCIAL MELTDOWN
  Tood M. Aman

  This article recasts the prominent arguments for and against the business judgment rule as cost-benefit arguments.

• General
  January 01, 2010 EDT
  BIG BAD PHARMA: AN ETHICAL ANALYSIS OF PHYSICIAN-DIRECTED AND CONSUMER-DIRECTED MARKETING TACTICS
  Amanda L. Connors

  This comment provides background on direct-to-consumer advertising and discusses the ethical issues and consequences of direct-to-consumer ads.

• General
  August 08, 2009 EDT
  ENDANGERING THE ENDANGERED SPECIES ACT: NATIONAL ASSOCIATION OF HOME BUILDERS V. DEFENDERS OF WILDLIFE AND ITS THREAT TO THE SURVIVAL OF ENDANGERED SPECIES PROTECTION
  Kristen M. Quaresimo

  This Note examines the Court’s reasoning behind the National Association of Home Builders v. Defenders of Wildlife decision.

• General
  January 01, 2007 EDT
  IS LEISURE-TIME SMOKING A VALID EMPLOYMENT CONSIDERATION?
  Karen L. Chadwick

  This article examines the current approaches to employment discrimination based on off-duty smoking.