The Changing Waterfront – After Lozman: The Plaintiff’s Lawyer Perspective
I. Introduction Poet James Whitcomb Riley (1849–1916) may have coined the phrase when he wrote: “When I see a bird that walks like a duck and swims like a duck and quacks like a duck, I call that bird a duck.” Now, the Supreme Court has echoed that parable by the development of the “reasonable […]