Assignments
What You Should Learn
In any doctrinal course, you should master the doctrines so that you can apply them to new facts. We’ll cover torts like assault, battery, false imprisonment, trespass, defamation, invasion of privacy, 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.
Class Materials
We’ll use my casebook, Tort Law: Cases & Critique — a digital casebook I created especially for this class. Other materials are linked 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.)
Grading
Your grade will reflect your performance on the final exam and your class participation. As things stand, my plan is to give you an open-book and open-notes exam with a word limit and a time limit. Please try not to spend the entire semester worrying about the exam. We’ll talk about it more when the time comes.
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 explicitly stated, AI-based technologies like ChatGPT mustn’t be used to generate responses for any assignments.
Questions? The best way to reach me is by email. To ensure you have my contact information, please email me by August 14 with a fun fact about yourself or something that interests you that has nothing to do with law school. Please also tell me anything else that 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 of 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 readings are mandatory unless I mark them as “recommended.”
If you have trouble accessing any supplemental readings, please check my Law Library course reserves for PDFs.
The course syllabus is a general plan for the course; deviations announced by me may be necessary.
Week 1
Wed: 4–8
Scott Hershovitz, Taylor Swift, Philosopher of Forgiveness, N.Y. Times (2019)
Thu: 9–15
Week 2
Mon: 16–25
Wed: 26–30
Thu: 31–35
Week 3
This week’s readings raise topics that might be distressing. We’ll discuss matters of sexual assault, domestic violence, racism, racial profiling, and violence against Black people by other citizens and police. I’ve included content warnings within the casebook, and I’ll also flag the supplemental materials by Franks, Coates, Taylor, and Williams.
Mon: 35–39
Ed Yong, What to Do When a Patient Has a 'Do Not Resuscitate' Tattoo, Atlantic (2017)
Isabella Grullón Paz, California Moves to Outlaw ‘Stealthing,’ or Removing Condom Without Consent, N.Y. Times (2021) (CW)
Wed: 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) (CW)
Trone Dowd, Black Man Who Claimed Self-Defense in Killing of White Teen Convicted of Manslaughter, Vice (2022) (CW)
Thu: 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) (CW)
Week 4
Mon: No class (Labor Day)
Wed: 50–55
Thu: 55–65
Week 5
Mon: 65–71
Wed: 72
Sherrilyn A. Ifill, Judicial Diversity, Green Bag (2009)
Thu: 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)
Week 6
Mon: 80–88
Frank Rudy Cooper, Suzette Malveaux & Catherine E. Smith, How Allowing Civil Lawsuits Against Bystander Cops Could Change Police Culture, Wash. Po. (2020) (CW)
Wed: 88–94
Problem Day
Week 7
Problem Day
Wed: 95–104
Thu: 105–11
Week 8
Mon: 111–18
Wed: 119–34
Rick Lyman, New Leader Likens Poland to ‘Reasonable Polish Woman,’ N.Y. Times (2014)
The Trevor Project, Sex and Gender: What’s The Difference? (sections on Gender Identity and Gender Expression)
Thu: Class Debate on the “Reasonable Woman” in Tort Law
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) (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) (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)