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Full-Text Articles in Law
The Georgia Jury And Negligence: The View From The (Federal) Bench, R. Perry Sentell Jr.
The Georgia Jury And Negligence: The View From The (Federal) Bench, R. Perry Sentell Jr.
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This is the second part of a two-part inquiry into the quality of jury performance in Georgia negligence cases. Evaluation begins from within. That is an especially prominent truth in respect to the trial of negligence cases. The lay-professional partnership composing the civil trial system is unique. the professional's continuity provides a point of perfect perspective on the transient lay component--both its capacity and its performance. If the professional will share that perspective, it can structure a benchmark for foundational appraisal. To their great credit, the state and federal trial judges of Georgia are unstinting in assisting to construct that …
Scientific Policymaking And The Torts Revolution: The Revenge Of The Ordinary Observer, Michael Wells
Scientific Policymaking And The Torts Revolution: The Revenge Of The Ordinary Observer, Michael Wells
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My argument will make heavy use of a distinction, introduced by Professor Bruce Ackerman, between two styles of reasoning in addressing legal issues. One is the perspective of the "Ordinary Observer," who begins his analysis by looking at the common practices of laymen and makes legal rules based on the expectation of a well-socialized member of society, without regard to whether the resulting body of law fits into any coherent pattern. Ackerman contrasts this method with that of the "Scientific Policymaker," who begins from the premise that the law should serve some goal or small group of goals and who …
Tort Remedies For Victims Of Domestic Abuse, Douglas D. Scherer
Tort Remedies For Victims Of Domestic Abuse, Douglas D. Scherer
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This Article discusses the use of intentional tort actions by victims of domestic abuse who seek monetary damages. Part I discusses the phenomenon of domestic abuse, with emphasis on physical and emotional harm and factures that justify punitive and compensatory damage awards. Part II discusses the torts of battery, assault and intentional infliction of emotional distress, and the appropriateness of these actions in domestic abuse cases. Part III discusses the interspousal immunity doctrine and demonstrates the limited extent to which the doctrine bars domestic abuse tort actions. Finally Part IV discusses judicial acceptance of tort actions in domestic abuse cases. …
Uncommon Law And The Bill Of Rights: The Woes Of Constitutionalizing State Common-Law Torts, Elaine W. Shoben
Uncommon Law And The Bill Of Rights: The Woes Of Constitutionalizing State Common-Law Torts, Elaine W. Shoben
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During the two-hundred-year history of the Bill of Rights, the Supreme Court occasionally has used those first ten Amendments to constitutionalize state common-law torts. In this essay, Professor Elaine Shoben argues that the Court would be well advised to forgo that practice. Pointing to the Court's experience in constitutionalizing defamation law under the First Amendment, Professor Shoben says when the Court meddles in state tort law, the result is a highly complex and very unsatisfactory body of law. On the Bicentennial of the Bill of Rights, this author recommends that if the Court feels compelled to reform a state common-law …