Assignments
What You Should Learn
In any doctrinal course, you should master the legal doctrines so you can apply them to new facts. We’ll cover torts like assault, battery, false imprisonment, trespass, negligence, and infliction of emotional distress. You should also learn (1) how to read a case, such that you can identify the legal issues raised and the court’s resolution of them; (2) how to construct and evaluate legal arguments; and (3) how to present arguments persuasively.
First Assignment
For the first day, please read pages 4–8 in Tort Law: Cases & Critique and Taylor Swift, Philosopher of Forgiveness by Scott Hershovitz. I’d also strongly recommend reading Orin Kerr’s How to Read a Legal Opinion before diving into the cases.
Course Materials
We’ll use my casebook, Tort Law: Cases & Critique — a resource I created especially for this class. The digital version is available for free, while a hard copy may be bought for around $30. Other materials are linked below on the syllabus. I might occasionally assign other problems, readings, podcasts, or videos about current events. I’ll also recommend, but not insist, that you listen to Season 1 of the Dr. Death podcast, especially episodes 5, 6 & 7. (Note that the first episode and some middle episodes describe gory surgery details, especially episode 1 at 8:40–11:00.)
Assessment
Your grade will reflect your course participation and your midterm and final exams. During our first class, I’ll explain further how I consider these different forms of assessment. I plan to give exams with word and time limits and without access to the internet or your files. The exams will include a mix of multiple-choice and short/long-answer questions. You may bring along a single sheet of paper to each exam. You may use both sides of this sheet however you like, so long as it includes only your own work (including collaborative work produced with your classmates). Please try not to worry too much about the exams. We’ll talk about them more as they approach.
Other Materials
Feel free to use other materials you find helpful, but remember that you won’t be evaluated on those materials. Tort law is a sprawling subject, we won’t be covering everything, and you can learn everything you need to know for this course by completing the assignments and attending class. I’ve heard good things about Kenneth Abraham’s The Forms and Functions of Tort Law — which you can access online (for free!) through the UGA Law Library — but, again, this isn’t required.
Honor
All work done in this course is subject to UGA Law’s Honor Code and Plagiarism Policy, UGA’s Academic Honesty Policy, and UGA’s Non-Discrimination and Anti-Harassment Policy. Unless I explicitly say otherwise, you mustn’t use generative AI technologies to help you answer questions in class or generate responses on assignments. If in doubt, please ask me.
Questions? The best way to reach me is by email. To ensure you have my contact information, please email me by 5pm on January 7 with a fun fact about yourself or something that interests you that has nothing to do with law school. You may also use this email to tell me anything else you’d like me to know — your preferred name, your pronouns (mine are he/him/his), or anything else that’ll help me to help you learn.
All the page ranges refer to our casebook, Tort Law: Cases & Critique (e.g., you should read pages 4–8 for our first class).
All supplemental (non-casebook) materials are mandatory unless I mark them as “recommended.”
This syllabus is a general plan for our course, but we might have to deviate from it. If so, I will announce those changes as we go, giving you as much notice as possible.
Week 1
Wed: 4–8
Scott Hershovitz, Taylor Swift, Philosopher of Forgiveness, N.Y. Times (2019) (pdf)
Thu: 9–15
Week 2
Mon: 16–25
Wed: 26–30
Thu: 31–35
Week 3
The readings over the next two weeks raise challenging topics. We’ll discuss sexual assault, domestic violence, racism, and violence by police and others. I’ve included content warnings in the casebook. Please note that the supplemental materials by Franks, Coates, Taylor, and Prabhu might also be distressing.
Mon: No class (MLK Day)
Wed: 35–39
Ed Yong, What to Do When a Patient Has a 'Do Not Resuscitate' Tattoo, Atlantic (2017) (pdf)
Isabella Grullón Paz, California Moves to Outlaw ‘Stealthing,’ or Removing Condom Without Consent, N.Y. Times (2021) (pdf) (CW)
Thu: 39–42
Mary Anne Franks, Stand Your Ground’s Woman Problem, Huff. Po. (2014) (CW)
Ta-Nehisi Coates, Trayvon Martin and the Irony of American Justice, Atlantic (2013) (pdf) (CW)
Trone Dowd, Black Man Who Claimed Self-Defense in Killing of White Teen Convicted of Manslaughter, Vice (2022) (CW)
Week 4
Mon: 43–49
Wendell L. Taylor, Our Pain (2020) (CW)
Maya T. Prabhu, A ‘Birthday Present to Ahmaud,’ Georgia Overhauls Citizen’s Arrest Law, Atlanta Journal-Constitution (2021) (pdf) (CW)
Wed: 50–55
Thu: 55–65
Week 5
Mon: 65–71
Wed: No class
Thu: 72 (Harry Potter and the Magic of Tort Law)
Sherrilyn A. Ifill, Judicial Diversity, Green Bag (2009)
Week 6
Mon: 73–80
Shelly Simana, Coronavirus Negligence: Liability for COVID-19 Transmission, Bill of Health (2021)
Wondery, Dr. Death (2018) – Season 1, especially episodes 5, 6 & 7 (recommended)
Wed: 80–88
Frank Rudy Cooper, Suzette Malveaux & Catherine E. Smith, How Allowing Civil Lawsuits Against Bystander Cops Could Change Police Culture, Wash. Po. (2020) (pdf) (CW)
Thu: 88–94
Week 7
Mon: 95–104
Wed: 105–11
Thu: 111–18
Week 8
Mon: 119–34 (Class Debate on the “Reasonable Woman” in Tort Law)
Rick Lyman, New Leader Likens Poland to ‘Reasonable Polish Woman,’ N.Y. Times (2014) (pdf)
Wed: Midterm Exam
Thu: Problem Day
Spring Break
(Please note that we’ll have a make-up session at some point after Spring Break)
Week 9
Mon: 134–40
Mark Joseph Stern, The Fall of Roe v. Wade Is Already Damaging Basic Obstetric Care in Red States, Slate (2022)
Wed: 140–45
Michael Sandel, Cost/Benefit Analysis (2017)
Thu: 146–52
Kelly Ng, New Zealand: Plate-Sized Surgical Tool Left in Woman's Abdomen for 18 Months, BBC (2023)
Week 10
Mon: 153–58
Anjali Singhvi et al., The Surfside Condo Was Flawed and Failing. Here’s a Look Inside., N.Y. Times (2021) (pdf) (recommended)
Wed: 159–68
Thu: 168–76
Week 11
Mon: 177–83
Bryant Walker Smith, DALL-E Does Palsgraf, 14 Case W. Res. J.L. Tech. & Internet 89 (2023)
Wed: 184–87
Thu: 188–94
Week 12
Mon: 194–98
Catherine Sharkey, Stealth Ways to Keep Tort Cases from African-American Juries, JOTWELL (2016)
Wed: 198–204
Thu 205–14
Week 13
Mon: 215–25
Wed: 226–36
Fresh Air, Attorney Kenneth Feinberg, 'What is Life Worth?', NPR (2005)
Kim Soffen, In One Corner of the Law, Minorities and Women Are Often Valued Less, Wash. Po. (2016) (pdf) (recommended)
Thu: 237–43
Week 14
Mon: 243–50
Wed: 251–63
Invisibilia, Emotions, NPR (2017) (recommended)
Thu: 263–72
Week 15
Mon: 272–84
Tue: Review Session & Class Discussion on Tort Reform and Alternative Systems of Redress
Hot Coffee (2011) (also available here) – watch 0:00–41:00 (i.e., until the end of Exhibit 2) & 1:16:49–1:23:00
Vishal Khetpal, America Should Adapt New Zealand’s Method of Handling Medical Malpractice Cases, Slate (2017)
Monica C. Bell, The Case for Racism Response Funds, The Appeal (2020)
You’re Wrong About, The McDonald’s Hot Coffee Case (2021) (recommended)
May 5, 9am: Final Exam