Catherine Sharkey | |
---|---|
Born | 1970 (age 53–54) |
Education | Yale University (BA, JD) Magdalen College, Oxford (MSc) |
Employer | New York University School of Law |
Known for | Tort law, empirical legal studies |
Title | Crystal Eastman Professor of Law |
Catherine Moira Sharkey (born 1970) is a professor of law at the New York University School of Law.
In 1992, Sharkey graduated with a bachelor's degree in Economics from Yale University, summa cum laude , where she was tapped for Skull and Bones. She went on to Magdalen College, Oxford as a Rhodes scholar, graduating in 1994 with a master of science in Economics for Development, with honors and with distinction. Catherine then attended Yale Law School, where she was an Executive Editor of the Yale Law Journal , graduating with a J.D. in 1997. [1]
After law school, Sharkey clerked for judge Guido Calabresi of the United States Court of Appeals for the Second Circuit, and then for justice David Souter of the United States Supreme Court from 1998 to 1999.
In 2007, she joined the faculty at NYU School of Law, and is currently the Crystal Eastman Professor of Law. [2] Her scholarship focuses on torts, punitive damages, class actions, remedies, products liability, administrative law, and empirical legal studies. [3] Previously, she taught at Columbia Law School and practiced as an appellate litigation associate at Mayer Brown in New York. [4] [5]
She is a member of both the American Law Institute and Administrative Conference of the United States. [6] [7]
Sharkey is occasionally mentioned as a potential future United States Supreme Court nominee. [8]
At common law, damages are a remedy in the form of a monetary award to be paid to a claimant as compensation for loss or injury. To warrant the award, the claimant must show that a breach of duty has caused foreseeable loss. To be recognized at law, the loss must involve damage to property, or mental or physical injury; pure economic loss is rarely recognized for the award of damages.
A tort is a civil wrong, other than breach of contract, that causes a claimant to suffer loss or harm, resulting in legal liability for the person who commits the tortious act. Tort law can be contrasted with criminal law, which deals with criminal wrongs that are punishable by the state. While criminal law aims to punish individuals who commit crimes, tort law aims to compensate individuals who suffer harm as a result of the actions of others. Some wrongful acts, such as assault and battery, can result in both a civil lawsuit and a criminal prosecution in countries where the civil and criminal legal systems are separate. Tort law may also be contrasted with contract law, which provides civil remedies after breach of a duty that arises from a contract. Obligations in both tort and criminal law are more fundamental and are imposed regardless of whether the parties have a contract.
Punitive damages, or exemplary damages, are damages assessed in order to punish the defendant for outrageous conduct and/or to reform or deter the defendant and others from engaging in conduct similar to that which formed the basis of the lawsuit. Although the purpose of punitive damages is not to compensate the plaintiff, the plaintiff will receive all or some of the punitive damages in award.
Richard Allen Epstein is an American legal scholar known for his writings on torts, contracts, property rights, law and economics, classical liberalism, and libertarianism. He is the Laurence A. Tisch Professor of Law at New York University and the director of the Classical Liberal Institute. He also serves as the Peter and Kirsten Bedford Senior Fellow at the Hoover Institution and as a senior lecturer and the James Parker Hall Distinguished Service Professor of Law Emeritus at the University of Chicago.
Catharine Alice MacKinnon is an American feminist legal scholar, activist, and author. She is the Elizabeth A. Long Professor of Law at the University of Michigan Law School, where she has been tenured since 1990, and the James Barr Ames Visiting Professor of Law at Harvard Law School. From 2008 to 2012, she was the special gender adviser to the Prosecutor of the International Criminal Court.
Medical malpractice is professional negligence by act or omission by a health care provider in which the treatment provided falls below the accepted standard of practice in the medical community and causes injury or death to the patient, with most cases involving medical error. Claims of medical malpractice, when pursued in US courts, are processed as civil torts. Sometimes an act of medical malpractice will also constitute a criminal act, as in the case of the death of Michael Jackson.
Guido Calabresi is an Italian-born American jurist who serves as a senior circuit judge of the United States Court of Appeals for the Second Circuit. He is a former Dean of Yale Law School, where he has been a professor since 1959. Calabresi is considered, along with Ronald Coase and Richard Posner, a founder of the field of law and economics.
The New York University School of Law is the law school of New York University, a private research university in New York City.
In its broadest sense, no-fault insurance is any type of insurance contract under which the insured party is indemnified by their own insurance company for losses, regardless of the source of the cause of loss. In this sense, it is similar to first-party coverage. The term "no-fault" is most commonly used in the United States, Australia, and Canada when referring to state or provincial automobile insurance laws where a policyholder and their passengers are reimbursed by the policyholder's own insurance company without proof of fault, and are restricted in their right to seek recovery through the civil-justice system for losses caused by other parties. No-fault insurance has the goal of lowering premium costs by avoiding expensive litigation over the causes of the collision, while providing quick payments for injuries or loss of property.
Roger John Traynor was the 23rd Chief Justice of California (1964–1970) and an associate justice of the Supreme Court of California from 1940 to 1964. Previously, he had served as a Deputy Attorney General of California under Earl Warren, and an Acting Dean and Professor of UC Berkeley School of Law. He is widely considered to be one of the most creative and influential judges and legal scholars of his time.
Non-economic damages caps are tort reforms to limit damages in lawsuits for subjective, non-pecuniary harms such as pain, suffering, inconvenience, emotional distress, loss of society and companionship, loss of consortium, and loss of enjoyment of life. This is opposed to economic damages, which encompasses pecuniary harms such as medical bills, lost wages, lost future income, loss of use of property, costs of repair or replacement, the economic value of domestic services, and loss of employment or business opportunities. Non-economic damages should not be confused with punitive or exemplary damages, which are awarded purely to penalise defendants and do not aim to compensate either pecuniary or non-pecuniary losses.
Robert Allen Katzmann was a United States circuit judge of the United States Court of Appeals for the Second Circuit. He served as chief judge from September 1, 2013, to August 31, 2020.
Insurance bad faith is a tort unique to the law of the United States that an insurance company commits by violating the "implied covenant of good faith and fair dealing" which automatically exists by operation of law in every insurance contract.
Tort reform consists of changes in the civil justice system in common law countries that aim to reduce the ability of plaintiffs to bring tort litigation or to reduce damages they can receive. Such changes are generally justified under the grounds that litigation is an inefficient means to compensate plaintiffs; that tort law permits frivolous or otherwise undesirable litigation to crowd the court system; or that the fear of litigation can serve to curtail innovation, raise the cost of consumer goods or insurance premiums for suppliers of services, and increase legal costs for businesses. Tort reform has primarily been prominent in common law jurisdictions, where criticism of judge-made rules regarding tort actions manifests in calls for statutory reform by the legislature.
Exxon Shipping Co. v. Baker, 554 U.S. 471 (2008), was a case decided by the Supreme Court of the United States. The Court ruled in a 5-3 decision that the punitive damages awarded to the victims of the Exxon Valdez oil spill should be reduced from $2.5 billion to $500 million.
Browning-Ferris Industries v. Kelco Disposal, 492 U.S. 257 (1989), was a case in which the Supreme Court of the United States held that the Eighth Amendment's prohibition of unreasonable fines does not apply to punitive-damage awards in civil cases when the United States is not a party.
Rachel Elise Barkow is an American professor of law at the New York University School of Law. She is also faculty director of the Center on the Administration of Criminal Law. Her scholarship focuses on administrative and criminal law, and she is especially interested in applying the lessons and theory of administrative law to the administration of criminal justice. In 2007, Barkow won the Podell Distinguished Teaching Award at NYU. In the fall of 2008, she served as the Beneficial Visiting Professor of Law at Harvard Law School.
Harry A. Shulman was a professor at Yale Law School from 1930 to 1954, the Dean of Yale Law School from 1954–1955, and a prominent labor arbitrator.
Kristin Hickman is an American legal scholar known for her work in the fields of administrative law, tax administration, statutory interpretation, and tax law. She is a Distinguished McKnight University Professor and the Harlan Albert Rogers Professor in Law at the University of Minnesota Law School. Her work is regularly cited by United States Courts, including the United States Supreme Court. She is known for her scholarship on regulatory practice and judicial deference, particularly Chevron deference.
Cristina María Rodríguez is the Leighton Homer Surbeck Professor of Law at Yale Law School, the school's first tenured Hispanic professor. Before joining the faculty at Yale, Rodríguez was the Deputy Assistant Attorney General for the Office of Legal Counsel within the United States Department of Justice. After earning her JD, she clerked for David S. Tatel of the U.S. Court of Appeals and Sandra Day O'Connor of the U.S. Supreme Court.