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Articles 1 - 18 of 18
Full-Text Articles in Law
On Regulatory Discord And Procedure, Elizabeth Chamblee Burch
On Regulatory Discord And Procedure, Elizabeth Chamblee Burch
Scholarly Works
Businesses are increasingly global. But domestic courts’ jurisdiction remains largely provincial; both public and private regulators have overlapping, mismatched authority. Regulatory discord is readily apparent in consumer protection cases. When the Dodd-Frank Wall Street Reform and Consumer Protection Act empowered state regulators while simultaneously creating an encompassing federal regulator—the Consumer Financial Protection Bureau—it further contributed to overlap between federal agencies, states, and private litigation.
Whether this regulatory magnetism is optimal in terms of fundamental goals like compensation and deterrence is a hotly debated normative and empirical question. Yet, one need not wade too far into the substantive debate to appreciate …
Constructing Issue Classes, Elizabeth Chamblee Burch
Constructing Issue Classes, Elizabeth Chamblee Burch
Scholarly Works
As government budgets shrink each year, enforcement responsibilities in products liability, consumer protection, and employment discrimination fall increasingly to private attorneys. But defendants have successfully layered new objections about noncohesive classes and unascertainable members atop legislative and judicial reforms to cripple plaintiffs’ attorneys’ chief weapon — the class action. The result? Courts deny class certification and defendants escape enforcement by highlighting the differences among those affected by their misconduct. At the other end of the regulatory spectrum lies the opposite problem. Some defendants’ actions are so egregious that hordes of public and private regulators can’t help but get involved — …
Judging Multidistrict Litigation, Elizabeth Chamblee Burch
Judging Multidistrict Litigation, Elizabeth Chamblee Burch
Presentations and Speeches
Professor Elizabeth Chamblee Burch presented "Judging Multidistrict Litigation" at Duke University School of Law's Mass-Tort MDL Program for Judicial Conference Committees on October 8, 2015.
Filartiga V. Pena-Irala: International Justice In A Modern American Court?, Josef Rohlik
Filartiga V. Pena-Irala: International Justice In A Modern American Court?, Josef Rohlik
Georgia Journal of International & Comparative Law
No abstract provided.
Filartiga V. Pena-Irala: Comments On Sources Of Human Rights Law And Means Of Redress For Violations Of Human Rights, Gabriel M. Wilner
Filartiga V. Pena-Irala: Comments On Sources Of Human Rights Law And Means Of Redress For Violations Of Human Rights, Gabriel M. Wilner
Georgia Journal of International & Comparative Law
No abstract provided.
Concubinage And Union Libre: A Historical Comparison Of The Rights Of Unwed Cohabitants In Wrongful Death Actions In France And Louisiana, Robert F. Taylor
Concubinage And Union Libre: A Historical Comparison Of The Rights Of Unwed Cohabitants In Wrongful Death Actions In France And Louisiana, Robert F. Taylor
Georgia Journal of International & Comparative Law
No abstract provided.
Impairment Of The Operation Of The Warsaw Convention By Recent Legislative And Judicial Action, Alan N. Sutin
Impairment Of The Operation Of The Warsaw Convention By Recent Legislative And Judicial Action, Alan N. Sutin
Georgia Journal of International & Comparative Law
No abstract provided.
Judging Multidistrict Litigation, Elizabeth Chamblee Burch
Judging Multidistrict Litigation, Elizabeth Chamblee Burch
Scholarly Works
High-stakes multidistrict litigations saddle the transferee judges who manage them with an odd juxtaposition of power and impotence. On one hand, judges appoint and compensate lead lawyers (who effectively replace parties’ chosen counsel) and promote settlement with scant appellate scrutiny or legislative oversight. But on the other, without the arsenal class certification once afforded, judges are relatively powerless to police the private settlements they encourage. Of course, this power shortage is of little concern since parties consent to settle.
Or do they? Contrary to conventional wisdom, this Article introduces new empirical data revealing that judges appoint an overwhelming number of …
International Liability And Primary Rules Of Obligation: An Application To Acid Rain In The United States And Canada, John B. Lyle
International Liability And Primary Rules Of Obligation: An Application To Acid Rain In The United States And Canada, John B. Lyle
Georgia Journal of International & Comparative Law
No abstract provided.
Book Review: International Encyclopedia Of Comparative Law Xi Torts (1983), Thomas A. Eaton
Book Review: International Encyclopedia Of Comparative Law Xi Torts (1983), Thomas A. Eaton
Georgia Journal of International & Comparative Law
No abstract provided.
Foreign Sovereign Immunity - Whether United States Embassies Are Jurisdictional Territory Under The Non-Commercial Tort Exception Of The Foreign Sovereign Immunities Act, Jill M. Conley
Georgia Journal of International & Comparative Law
No abstract provided.
Annual Survey Of Developments In International Trade Law: 1983, Georgia Journal Of International And Comparative Law
Annual Survey Of Developments In International Trade Law: 1983, Georgia Journal Of International And Comparative Law
Georgia Journal of International & Comparative Law
No abstract provided.
Product Liability Law In Japan: An Introduction To A Developing Area Of Law, Younghee Jin Ottley, Bruce L. Ottley
Product Liability Law In Japan: An Introduction To A Developing Area Of Law, Younghee Jin Ottley, Bruce L. Ottley
Georgia Journal of International & Comparative Law
No abstract provided.
International Mass Tort Litigation: Forum Non Conveniens And The Adequate Alternative Forum In Light Of The Bhopal Disaster, Stephen L. Cummings
International Mass Tort Litigation: Forum Non Conveniens And The Adequate Alternative Forum In Light Of The Bhopal Disaster, Stephen L. Cummings
Georgia Journal of International & Comparative Law
No abstract provided.
The Hague Evidence Convention In U.S. Courts: Aerospatiale And The Path Not Taken, Société Nationale Industrielle Aerospatiale V. U.S. District Court For The Southern District Of Iowa, 107 S. Ct. 2542 (1987), Roger C. Wilson
Georgia Journal of International & Comparative Law
No abstract provided.
Informers Defamation And Public Policy, Daniel More
Informers Defamation And Public Policy, Daniel More
Georgia Journal of International & Comparative Law
No abstract provided.
Exemption From The Common Fate: Refuge For Individual Debtors Trapped By Structured Settlements, Factoring Companies, And The Bankruptcy Code In Georgia, Michael C. Sullivan
Exemption From The Common Fate: Refuge For Individual Debtors Trapped By Structured Settlements, Factoring Companies, And The Bankruptcy Code In Georgia, Michael C. Sullivan
Georgia Law Review
While the number of tort filings has been increasing in recent decades, the number of trials resulting from these claims has been steadily declining. Instead of sacrificing time and resources in court, parties choose settlement, frequently in the form of a structured settlement where payments are dispersed over a period of time. These structured settlements provide much-needed security for tort victims, particularly those who unable to work and are especially vulnerable to losing their settlements. But what happens when these victims find that they have expenses that they cannot cover with their deferred payments? Many tort victims wind up facing …
Laissez Fair:The Case For Alternative Litigation Funding And Assignment Of Lawsuit Proceeds In Georgia, David T. Adams
Laissez Fair:The Case For Alternative Litigation Funding And Assignment Of Lawsuit Proceeds In Georgia, David T. Adams
Georgia Law Review
This Note discusses the value of alternative litigation funding (ALF) and the legal challenges affecting the ALF industry in Georgia. More specifically, it identifies a way to maximize ALF's benefits for plaintiffs with personal tort and employment discrimination claims. Tort victims who are rendered incapable of working, and employees who have lost jobs because of workplace discrimination or retaliation,face immediate financial burdens-they may be unable to afford food, housing, health care, transportation, and other necessities. This economic pressure often forces plaintiffs to settle quickly for less than the value of the harm inflicted. But ALF companies offer a workable solution …