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

handle is hein.journals/geolr51 and id is 1 raw text is: 


VOLUME   51                   FALL 2016                     NUMBER  1

  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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