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Full-Text Articles in Law

The Unidentified Wrongdoer, Ronen Perry Jan 2022

The Unidentified Wrongdoer, Ronen Perry

Georgia Law Review

This Article addresses the untheorized and under-researched problem of strong unidentifiability in tort law, namely the victim’s occasional inability to identify the direct wrongdoer, or even an ascertainable group to which the wrongdoer belongs, and bring an action against him or her. This Article offers a systematic analysis and a general theoretical framework for the appraisal of possible solutions to strong unidentifiability problems, which undermine liability and frustrate its goals.

Part I presents the main legal models developed and used to overcome these problems in different contexts and various legal systems: adherence to direct liability with creative procedural identification tools, …


The Color Of Pain: Racial Bias In Pain And Suffering Damages, Maytal Gilboa Jan 2022

The Color Of Pain: Racial Bias In Pain And Suffering Damages, Maytal Gilboa

Georgia Law Review

For more than half a century, our legal system has formally eschewed race-based discrimination, and nearly every field of law has evolved to increase protections for minority groups historically burdened by racial prejudice. Yet, even today, juries in tort actions routinely consider a plaintiff’s race when calculating compensatory tort damages, and they do so in a manner that systematically results in lower awards to Black plaintiffs than to White. This Article examines this problem, zeroing in on the specific issue of racial bias in calculations of tort damages for pain and suffering.

The severity of a plaintiff’s injury is commonly …


Bird's-Eye View: A Comparative Examination Of Drone Regulation Through The Lens Of Privacy Protection, Allison Mcgregor Jun 2021

Bird's-Eye View: A Comparative Examination Of Drone Regulation Through The Lens Of Privacy Protection, Allison Mcgregor

Georgia Journal of International & Comparative Law

No abstract provided.


Some Objections To Strict Liability For Constitutional Torts, Michael L. Wells Jan 2021

Some Objections To Strict Liability For Constitutional Torts, Michael L. Wells

Georgia Law Review

Qualified immunity protects officials from damages for
constitutional violations unless they have violated “clearly
established” rights. Local governments enjoy no immunity, but
they may not be sued on a vicarious liability theory for
constitutional violations committed by their employees. Critics
of the current regime would overturn these rules in order to
vindicate constitutional rights and deter violations. This
Article argues that across-the-board abolition of these limits on
liability would be unwise as the costs would outweigh the
benefits. In some contexts, however, exceptions may be justified.
Much of the recent controversy surrounding qualified
immunity involves suits in which police officers …


An Empirical Evaluation Of Proposed Civil Rules For Multidistrict Litigation, Margaret S. Williams, Jason A. Cantone Jan 2020

An Empirical Evaluation Of Proposed Civil Rules For Multidistrict Litigation, Margaret S. Williams, Jason A. Cantone

Georgia Law Review

The Civil Rules Committee of the Judicial Conference of the
United States recently began considering the need for specific
rules regarding multidistrict litigation (MDL) proceedings. The
possibility of creating rules specifically for MDL originates with
recently proposed legislation prompted by groups typically tied
to the defense bar. One area the Civil Rules Committee is
considering concerns the use of fact sheets in MDL proceedings.
These party-negotiated questionnaires—directed at both
parties to the case—inform judges and attorneys about the
scope of the proceeding. Understanding whether these case
management tools are currently being used and how they work
with other tools, such …


Whistleblowing In The Compliance Era, Jeffrey R. Boles, Leora Eisenstadt, Jennifer M. Pacella Jan 2020

Whistleblowing In The Compliance Era, Jeffrey R. Boles, Leora Eisenstadt, Jennifer M. Pacella

Georgia Law Review

International events over the last year have propelled the
importance of whistleblowers to the forefront. It is increasingly
evident that whistleblowers provide immense value to society.
Yet, for years, whistleblowers have been victims of retaliation,
commonly experiencing threats, discrimination, and
employment termination due to their reporting. Against the
backdrop of a society heavily defined by compliance-focused
initiatives—where organizations and industries construct
robust compliance programs, internal policies, and codes of
conduct—this Article highlights a significant gap in legal
protections for would-be whistleblowers. While compliance
initiatives demonstrate that active self-regulation is
increasingly a staple of organizational governance, this Article
pinpoints the problems …


Mind Your Businesses: Why Georgia Companies Should Worry About European Privacy Law, Emily E. Seaton Jul 2019

Mind Your Businesses: Why Georgia Companies Should Worry About European Privacy Law, Emily E. Seaton

Georgia Journal of International & Comparative Law

No abstract provided.


Dust In The Wind: Revisiting Georgia’S Refusal To Extend Liability To Employers In Take-Home Asbestos Litigation, Phillips Workman Jan 2019

Dust In The Wind: Revisiting Georgia’S Refusal To Extend Liability To Employers In Take-Home Asbestos Litigation, Phillips Workman

Georgia Law Review

No abstract provided.


The Impropriety Of Punitive Damages In Mass Torts, James A. Henderson Jr. Jan 2018

The Impropriety Of Punitive Damages In Mass Torts, James A. Henderson Jr.

Georgia Law Review

Punitive damages have been around for centuries in classic
one-on-one tort actions and are here to stay. Mass torts, of
more recent origin, have matured to the point that this article
is comfortable referring to most of them as traditional.
Notwithstanding the legitimacy of both institutions when
employed separately, loud warning signals should sound
when, as with drinking and driving, they are combined.
Potentially destructive mixes of punitive damages and mass
torts have, unfortunately, been prevalent in traditional,fault-
based mass tort actions. The difficulties are mostly
administrative.Although punitive damages are conceptually
compatible with fault-based mass torts, courts administer
punitive awards …


Revisionist Municipal Liability, Avidan Y. Cover Jan 2018

Revisionist Municipal Liability, Avidan Y. Cover

Georgia Law Review

The current constitutional torts system under 42
U.S.C. § 1983 affords little relief to victims of
government wrongdoing. Victims of police brutality
seeking accountability and compensation from local
police departments find their remedies severely limited
because the municipal liability doctrine demands
plaintiffs meet near-impossible standards of proof
relating to policies and causation.
This Article provides a revisionist historical account
of the origin of the Supreme Court's municipal liability
doctrine. Most private claims for damages against
cities or police departments do not implicate the
doctrine's early federalism concerns over protracted
federal judicial interference with local governance.
Meanwhile, the federal government imposes …


A Single Symbolic Dollar: How Nominal Damages Can Keep Lawsuits Alive, Megan E. Cambre Jan 2018

A Single Symbolic Dollar: How Nominal Damages Can Keep Lawsuits Alive, Megan E. Cambre

Georgia Law Review

The Eleventh Circuit's August 2017 opinion in
Flanigan's Enterprises v. City of Sandy Springs
deepened a circuit split regarding the role of
nominal damages in the justiciabilityanalysis. The
critical question is whether, in cases involving
constitutional violations, a claim for nominal
damages alone suffices to confer standing or to
defeat mootness when other forms of relief are
unavailable or moot. The Second, Fifth, and Ninth
Circuits have all held that nominal damages alone
are enough, but not without contention from
dissenting judges. The First, Third, Fourth,
Seventh, Eighth, and D.C. Circuitshave considered
the question-but have not conclusively decided its
answer. …


Holding Supporters Of Terrorism Accountable: The Exercise Of General Jurisdiction Over The Pa And Plo In A Post-Daimler Framework, Mark D. Christopher Jun 2017

Holding Supporters Of Terrorism Accountable: The Exercise Of General Jurisdiction Over The Pa And Plo In A Post-Daimler Framework, Mark D. Christopher

Georgia Journal of International & Comparative Law

No abstract provided.


"Local Data" In European Choice Of Law: A Trojan Horse From Across The Atlantic?, T.W. Dornis Jun 2017

"Local Data" In European Choice Of Law: A Trojan Horse From Across The Atlantic?, T.W. Dornis

Georgia Journal of International & Comparative Law

No abstract provided.


Aviation Law-Personal Injury-The Warsaw Convention, As Modified By The Montreal Agreement, Does Comprehend, And Thus Supplies The Exclusive Relief For, Mental And Psychosomatic Injuries., Lee C. Mundell Jan 2017

Aviation Law-Personal Injury-The Warsaw Convention, As Modified By The Montreal Agreement, Does Comprehend, And Thus Supplies The Exclusive Relief For, Mental And Psychosomatic Injuries., Lee C. Mundell

Georgia Journal of International & Comparative Law

No abstract provided.


Publicly Funded Private Security: A Critical Examination Of Georgia Law Pertaining To The Private Employment Of Off-Duty Police Officers, Ryan L. Giles Jan 2017

Publicly Funded Private Security: A Critical Examination Of Georgia Law Pertaining To The Private Employment Of Off-Duty Police Officers, Ryan L. Giles

Georgia Law Review

Generally, employers of private security guards are
vicariously liable for the actions of their employees. This
incentivizes employers to protect against unnecessary risks
to the public and to internalize the social costs of their
business activities. In Georgia, however, this centuries-old

doctrine of respondeat superior does not apply when a
private business hires an off-duty police officer.
Several consequences arise from the current state of the
law: inconsistency in application, unfairness to victims
and imprudent taxpayer subsidization of private
businesses. This Note illustrates that the current law is
both unjust and unwise by contrasting business liability
for police torts with …


Ebola, Experimental Medicine, Economics, And Ethics: An Evaluation Of International Disease Outbreak Law, Sara L. Dominey Sep 2016

Ebola, Experimental Medicine, Economics, And Ethics: An Evaluation Of International Disease Outbreak Law, Sara L. Dominey

Georgia Journal of International & Comparative Law

No abstract provided.


Aviation Law - Personal Injury - The Warsaw Convention, As Modified By The Montreal Agreement, Acts To Establish The Air Carrier’S Strict Liability For A Passenger’S Personal Injury Incurred During An Aircraft Hijacking, Robert T. Bockman Jun 2016

Aviation Law - Personal Injury - The Warsaw Convention, As Modified By The Montreal Agreement, Acts To Establish The Air Carrier’S Strict Liability For A Passenger’S Personal Injury Incurred During An Aircraft Hijacking, Robert T. Bockman

Georgia Journal of International & Comparative Law

No abstract provided.


Industrial Accidents, Natural Disasters And "Act Of God", Michael Faure, Liu Jing, Andri G. Wibisana Mar 2016

Industrial Accidents, Natural Disasters And "Act Of God", Michael Faure, Liu Jing, Andri G. Wibisana

Georgia Journal of International & Comparative Law

No abstract provided.


Symposium, Products Liability-The Interagency Task Force "Blueprint" For Reforming Product Liability Tort Law In The United States, Duane J. Gingerich Feb 2016

Symposium, Products Liability-The Interagency Task Force "Blueprint" For Reforming Product Liability Tort Law In The United States, Duane J. Gingerich

Georgia Journal of International & Comparative Law

No abstract provided.


Symposium, Products Liability-Negligence Or Strict Product Liability: Is There Really A Difference In Law Or Economics?, Reynolds M. Sachs Feb 2016

Symposium, Products Liability-Negligence Or Strict Product Liability: Is There Really A Difference In Law Or Economics?, Reynolds M. Sachs

Georgia Journal of International & Comparative Law

No abstract provided.


Symposium, Products Liability-Strict Products Tort Liability In Georgia: Smudging A Clean Slate, R. Perry Sentell Jr. Feb 2016

Symposium, Products Liability-Strict Products Tort Liability In Georgia: Smudging A Clean Slate, R. Perry Sentell Jr.

Georgia Journal of International & Comparative Law

No abstract provided.


The Elephant Not In The Room: Apportionment To Nonparties In Georgia, Michael K. Newman Jan 2016

The Elephant Not In The Room: Apportionment To Nonparties In Georgia, Michael K. Newman

Georgia Law Review

Apportionment to nonparties generally concerns defendants alleging that certain nonparties are also at fault for the plaintiffs harm. A defendant's successful allocation of fault to a nonparty results in the defendant shedding a portion of their liability toward the plaintiff. If joint and several liability has been abolished, then this means that the plaintiff will collect less damages from the named defendant. This Note addresses how current practice in Georgia allows the defendant to do this with very little effort. Specifically, this Note takes issue with a recent Georgia Court of Appeals decision, Double View Ventures, LLC v. Polite, 757 …


Employer Escape Hatch Closed In Georgia: How The Interpretation Of Georgia's Apportionment Statute In Zaldivar Prohibits Employers From Using Respondeat Superior To Eschew Direct Negligence Claims, Michael D. Alfano Jr. Jan 2016

Employer Escape Hatch Closed In Georgia: How The Interpretation Of Georgia's Apportionment Statute In Zaldivar Prohibits Employers From Using Respondeat Superior To Eschew Direct Negligence Claims, Michael D. Alfano Jr.

Georgia Law Review

In Zaldivar v. Prickett, Prickett (plaintiff)was working on behalf of his employer (Overhead Door) when he collided with Zaldivar (defendant). Zaldivar filed a "Notice of Fault of Nonparty" under Georgia's apportionment statute; this had to effect of requiring a jury to consider the fault of Overhead Door, which had recently received three anonymous phone calls complaining about Prickett's driving. The Georgia Supreme Court held that Georgia's Apportionment statute required that fault be assigned to Overhead Door, despite Prickett's inability to recover from Overhead Door. In this Note, I vary the facts of Zaldivar: Zaldivar becomes Klutzy Kellie; Prickett becomes Prudent …


Causation Actually, J. S. Dillbary Jan 2016

Causation Actually, J. S. Dillbary

Georgia Law Review

This Article debunks the consensus that in concerted
action, concurrent causes, and alternative liability
situations, the actual causation requirement is always
missing. While courts and scholars insist that in these
cases tort law holds liable parties who clearly did not
cause the victim's harm, this Article offers a novel
approach. Using a simple model and applying it to
leading decisions, this Article shows that a party who did
not and could not even potentially injure the victim could
nevertheless be a but-for reason for the harm. The Article
also challenges claims that causation theories like
concerted action, substantial factor and …


Filartiga V. Pena-Irala: International Justice In A Modern American Court?, Josef Rohlik Apr 2015

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 Apr 2015

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 Apr 2015

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 Apr 2015

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.


International Liability And Primary Rules Of Obligation: An Application To Acid Rain In The United States And Canada, John B. Lyle Mar 2015

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 Mar 2015

Book Review: International Encyclopedia Of Comparative Law Xi Torts (1983), Thomas A. Eaton

Georgia Journal of International & Comparative Law

No abstract provided.