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51 Ga. L. Rev. [i] (2016-2017)

handle is hein.journals/geolr51 and id is 1 raw text is: GEORGIA LAW REVIEW VOLUME 51 FALL 2016 NUMBER 1 ARTICLES Causation Actually ............... ......... J. Shahar Dillbary 1 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 alternative liability are fair to the victim or that they are designed to deter actors from engaging in antisocial activities. In deviation from the prior literature, this Article reveals that these causation theories reduce the parties' incentives to take care and result in more, rather than fewer, accidents. This Article further shows that, despite lip service to the contrary, tort law promotes harmful activities that judges declare immoral, antisocial and illegal. This Article argues, however, that in many cases this result can be justified on efficiency grounds. The Article concludes that the but-for test should have a larger role in causation analysis and it provides a number of policy recommendations to courts and lawmakers. Privileging Professional Insider Trading .............Sarah Baumgartel 71 This Article explores insider trading law's increasing focus on personal relationships, and the way in which the law has come to privilege professional over nonprofessional insider trading. The Article discusses how, in an effort to expand insider trading liability, the government has sought to impose legal duties of loyalty and confidentiality on a host of personal relationships not

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