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Redefining the Injury-in-Fact: Treating Personally Identifying Information as Bailed Property
Get PDFThere is a long-existing circuit split among federal courts of appeals as to whether an individual has standing under Article III of the United States Constitution when their personally identifying information (PII) is stolen from an entity to which they entrusted it such as a hospital or bank. Federal courts disagree as to whether an individual whose PII has been stolen—without more—has suffered an injury-in-fact, a necessary element of standing. The disagreement between the courts centers on whether the injury-in-fact has already occurred at the time the PII is stolen or whether the injury occurs once the PII has been used for some harmful purpose, such as identity theft or fraud. Essentially, the question is whether the injury alleged is speculative. This Note advances the theory of bailment as a solution to whether the injury-in-fact has occurred. Under this approach, customers who give their PII to an entity will be treated as bailors and the entities will be treated as bailees. This approach would effectively redefine the injury to be treated as a breach of bailment. This solution is best achieved through Congressional action pursuant to its interstate commerce powers. Through legislative action, a comprehensive scheme may be put into place that not only creates bailments, but also provides for statutory damages. Statutory damages will account for lack of evidence of economic harm and the willfulness of the bailee’s conduct
Against Bankruptcy: Public Litigation Values versus the Endless Quest for Global Peace in Mass Litigation
Get PDFCan bankruptcy court solve a public health crisis? Should the goal of “global peace” in complex lawsuits trump traditional litigation values in a system grounded in public participation and jurisdictional redundancy? How much leeway do courts have to innovate civil procedure?These questions have finally reached the Supreme Court in Harrington v. Purdue Pharma L.P., the $6 billion bankruptcy that purports to achieve global resolution of all current and future opioids suits against the company and its former family owners, the Sacklers. The case provides a critical opportunity to reflect on what is lost when parties in mass torts find the “behemoth” litigation system unable to bring mass disputes to a close, when they charge multidistrict litigation as a “failure,” and when defendants contend that sprawling lawsuits across national courts have thrown them into unresolvable crisis that only bankruptcy can solve. The case is just one of many recent examples of extraordinarily unorthodox and creative civil procedure maneuvers—in both the bankruptcy and district courts—that push cases further away from the federal rules and the trial paradigm in the name of settlement. Unlike ordinary state and federal trial courts, bankruptcy courts don’t generally lay blame for millions of deaths; they efficiently distribute resources. Petitioners in bankruptcy aren’t called “victims” or “plaintiffs”; they are “creditors” with limited voting rights over the distribution of an estate. Bankruptcy courts don’t develop state tort doctrines. They don’t engage in broad discovery designed to reveal accountability and spur policy reform. They rarely utilize juries or hear testimony from tort victims anxious to have their day in court; instead, testimony tends to focus on the debtor’s financial health. Yet diverse defendants—many of whom, notably, are not even in financial distress—from Catholic Diocese and Boy Scout abuse cases, to Johnson & Johnson talc, 3M’s earplugs, Revlon hair straighteners, and many more, have now looked to the bankruptcy court to use its inherent authority to invent new forms of procedure to find a path to global peace. Bankruptcy courts are attractive in part because they possess some powers that, ironically, state and Article III federal courts do not—they are the only American courts that can overcome federalism’s jurisdictional boundaries; they are only courts with the power to commandeer both state and federal litigants into a single forum and halt all other civil litigation no matter what court it is in. They also have stretched their own equitable powers to allow innovative corporate maneuvers, as in Purdue, that cabin liability and preclude future litigation even for entities not in financial trouble. But bankruptcy court is not supposed to be a superpower of a court that trumps all others in public litigation; it is instead, an Article I court designed for efficient, private resolution of claims, centered on capturing private value for private actors–not the elaboration and development of law and public norms.There is a long history of creative procedures in service of global settlement. As each fails to deliver what parties want, attorneys innovate anew. If the sole goal is money, perhaps bankruptcy is an answer. But money is often one of only several goals in litigation. From discovery and limited trials in opioids and tobacco, for example, evidence about the manufacturers’ behavior emerged that not only made companies accountable, but also helped spur legislative policy change. Such evidence likely never would have come to light in a bankruptcy proceeding. There’s a reason that when Purdue filed for bankruptcy, victims of the opioid crisis cried that the company was avoiding “punishment.” Victims of the Catholic Diocese have recently charged that the Diocese’s chapter 11 filing deprived them their chance to tell their story and hold wrongdoers to account. Forty years ago, in Against Settlement, Owen Fiss famously that civil lawsuits should be understood in light of the public good they serve, rather than the mere private ends of private dispute resolution and money changing hands. Unorthodox bankruptcies are just the latest chapter in a decades-long saga of unorthodox civil procedure development in the name of global peace—one that has largely escaped appellate review until now
Cybercrime Scenarios
No full textTechnological innovation alters the commission, definition, and conception of crime. In some cases, computers, social media, and the internet have made existing criminal activity harder to detect or easier to commit. In other cases, they’ve created new forms of criminal activity that challenge longstanding views about the permissibility and punishment of human behavior. Through a range of cybercrime scenarios, this book will address topics such as digital privacy, free speech, terrorism, cybersecurity, image-based sexual abuse, stalking, harassment, doxing, and identity theft.
Our goal in publishing these scenarios is to do our part to make legal education more affordable, accessible, and adaptable. That’s why we’re making the book available to all for free. By using a CC BY-NC license, we’re also inviting others to adapt these materials for their own use, so long as they adhere to the non-commerciality and attribution terms. (Anyone interested in “remixing” this book for their own purposes should feel free to contact us at [email protected], including if you’d like a more adaptable non-PDF version.)
You’re welcome to print any part of this book if you want a hard copy to accompany the digital version. If you do print it, we ask that you please be environmentally conscious by using double-sided pages. Because the digital version can be easily searched, it contains no index or other finding aids that are conventional for printed books. You should also be able to enhance your experience with the digital version by highlighting text, adding comments, and annotating it in any other ways you find helpful.
You may also purchase a hard copy for around $14 here. This paperback version is made and distributed by Lulu, and I make no revenue from any sales.
Given that this book focuses extensively on different forms of abuse and violence, we caution that some of the scenarios might induce trauma or distress. We worry that providing individualized content warnings before each scenario would reflect our own perspectives and experiences but exclude what might trigger other people, especially because the legal and social issues surrounding cybercrime challenge us to confront difficult and disturbing issues in ways we can’t always predict in advance. Individualized warnings might also bias a reader’s analysis when responding to the questions following each scenario. As a result, we offer this general content warning here and encourage readers to be in the right headspace—whatever that might mean to you—when engaging with these scenarios.
Finally, we welcome any reactions to this book, so please reach out if you think important perspectives are missing or if you find errors or typos. We surely have blind spots in the way we present some topics, plus we lack a professional editor to catch our linguistic blunders. You can contact us at [email protected] with any constructive criticism.
Some of the scenarios in this book can be addressed without conducting outside research, while others build on materials covered in Professor Kadri’s Cybercrime course. If you’d like to see the syllabus designed to accompany these scenarios, please visit www.thomaskadri.com/cybercrime.https://digitalcommons.law.uga.edu/books/1170/thumbnail.jp
Rutledge named one of most influential people in legal education
No full textDean Peter B. Bo Rutledge was selected for inclusion in National Jurist\u27s Most Influential People in Legal Education list, which includes those who are major forces in shaping legal education. The list was published 1/5/24
In Memoriam: Walter Ray Phillips
No full textThe School of Law regrets to share news of the passing of Walter Ray Phillips on November 8, 2023, at the age of 91. He retired from the law school in 2000 after 27 years as a member of the faculty. During his tenure, he served as acting dean in 1976 and associate dean from 1975 to 1983, and he held the Talmadge and Lumpkin professorships. He has been described as a master teacher and scholar, a pillar of the law school and a gentleman in every sense of the word. Several colleagues recall him being someone who could teach any subject as long as he had a book. Author of 12 law books, his teaching portfolio included: tax, civil procedure, bankruptcy, banking, corporate reorganization and legal ethics. Students honored him with the legal ethics teaching award on one dozen occasions. He served on many law school committees and oversaw the school\u27s transition from quarters to semesters. At the university level, he served on or chaired most major committees. He also directed the university\u27s self-study in 1980. Phillips received the law school’s highest honor – the Distinguished Service Scroll Award – in 2000. Phillips is survived by his two daughters, Bonnie Koryn and Lee Evans, and two grandchildren, Rachel Good and Luke Evans. Please be sure to keep the Phillips family in your thoughts and prayers during this sorrowful time.
2000 – UGA School of Law Distinguished Service Scroll Awar
White receives UGA President\u27s Medal
No full textThe University of Georgia bestowed one of its highest honors on Ronald D. Simpson and Rebecca Hanner White in an award ceremony on Jan. 25.
The President’s Medal recognizes individuals, not currently employed at the university, who have made extraordinary contributions to the UGA community by supporting students and academic programs, advancing research or engaging in public service to enhance the quality of life of citizens in Georgia. The honor is awarded annually during the university’s Founders Day celebration.
“This year’s honorees, Dr. Ronald Simpson and Dean Rebecca Hanner White, have been devoted members of the UGA community for decades and have played key roles in establishing some of our most impactful academic programs,” said President Jere W. Morehead. “It has been my great privilege to work with both of them over the course of my career.”
Ronald D. Simpson
Ronald D. Simpson played a central role in establishing teaching excellence as an integral part of the University of Georgia’s institutional culture. He is a professor emeritus of higher education and science education and director emeritus of UGA’s Office of Instructional Development.
After serving for 15 years as the inaugural director of the Office of Instructional Development and more than 20 years as a faculty member, Simpson retired from UGA in 2001. He has continued to support the university’s instructional initiatives as a charter member of the Emeriti Scholars program and a mentor to faculty and administrators.
Simpson earned his bachelor’s and master’s degrees from the University of Tennessee before coming to the University of Georgia for his doctorate in science education. After graduating in 1970, Simpson joined the faculty of the Mary Frances Early College of Education as an assistant professor. He briefly moved to North Carolina State University before returning to UGA to direct the newly created Office of Instructional Development.
As the director of the Office of Instructional Development from 1981 to 1996, Simpson started or supported more than 30 programs and activities that dramatically improved the quality of instruction in UGA classrooms and laboratories. Many of these programs, such as the UGA Teaching Academy, are still active today. He also established teaching awards for faculty and graduate students, including the Josiah Meigs Distinguished Teaching Professorship, UGA’s highest teaching honor.
Simpson’s programs in the Office of Instructional Development, which later became the Office of Instructional Support and Development in 1997 and the Center for Teaching and Learning in 2005, have been recognized regionally and nationally as models for effective faculty and instructional development.
Simpson continued to engage in teaching, research and service in the department of science education at UGA concurrent with directing the Office of Instructional Development. In 1996, he became a full-time faculty member in the Louise McBee Institute of Higher Education and served for two years as acting director of the institute. Simpson also coordinated the statewide Governor’s Teaching Fellows program from 1995 to 2000.
Simpson published numerous articles and professional publications throughout his career, in addition to multiple books focused on issues in higher education. He served on the board of the National Science Teachers Association and on the editorial board of multiple science and higher education journals.
In 2001, Simpson received the Regents’ Teaching Excellence Award, the highest teaching award given by the University System of Georgia, for his superlative teaching record and commitment to helping students achieve academic success. He also is a past recipient of UGA’s Creative Research Medal and a fellow of the American Association for the Advancement of Science.
Rebecca Hanner White
Rebecca Hanner White is regarded as one of the most effective deans and professors in the history of the University of Georgia’s School of Law. She served as dean from 2003 to 2015 and has continued to support the law school and its goals since her retirement in 2016 as dean and J. Alton Hosch Professor of Law emeritus.
White graduated from the University of Kentucky’s J. David Rosenberg College of Law in 1981 as valedictorian of her class. She practiced labor and employment law for seven years in Cincinnati, Ohio, before joining the School of Law at the University of Georgia as an assistant professor in 1989.
White continued to rise through the academic ranks at UGA over the years, becoming a full professor in 1998. She served as the associate provost and associate vice president for academic affairs for the university from October 2003 to June 2004 before becoming the law school’s dean and J. Alton Hosch Professor of Law in July 2004.
Among her many accomplishments as dean, White recruited and supported a highly talented community of faculty and staff members who were dedicated to student success, enhanced the curriculum offerings and experiential learning opportunities for law students, oversaw major upgrades to the law school’s facilities and expanded private donor support.
White was a pioneer at UGA as well as in her field. In addition to being the first female dean of the School of Law, she was the first female faculty member from the law school to be named a Josiah Meigs Distinguished Teaching Professor and the first female faculty member to win the law school’s Faculty Book Award for Excellence in Teaching, which she went on to win six times, and the John C. O’Byrne Memorial Award for furthering faculty-student relations. She also was the first female faculty member to be selected as an honorary marshal by the law school’s graduating class.
In April 2015, White received the UGA Alumni Association’s Faculty Service Award, marking the first time the award was presented to a law school faculty member in 35 years. She also received the UGA Law School Alumni Association’s Distinguished Service Scroll Award in 2015 and the Professional Achievement Award from the University of Kentucky’s Rosenberg College of Law in 2012.
White specializes in labor law, employment discrimination, employment law and labor arbitration, and her scholarship has been cited by federal and state courts across the United States. Her work has been published in numerous articles and books. She continues to serve the law community as co-chair of the Strategic Review Committee of the American Bar Association’s Section of Legal Education and Admissions to the Bar.
Founders Week
The President’s Medal ceremony is part of Founders Week, when UGA observes the date the university was established, Jan. 27. On this day in 1785, the Georgia General Assembly adopted a charter establishing the University of Georgia as the first institution of public higher education in America.
Article written by UGA Marketing and Communications\u27 Erica Techo.
White is pictured above with University Professor, Meigs Distinguished Teaching Professor & Caldwell Chair in Constitutional Law Dan Coenen (left) and Associate Dean & Hosch Professor Emeritus Paul Kurtz
Rodrigues\u27 article featured in Corporate Board Member
No full textUniversity Professor & Kilpatrick Chair of Corporate Finance and Securities Law Usha Rodrigues\u27 2018 article was featured in Corporate Board Member magazine regarding the role of independent boards of directors. The article titled Is Board Independence Overrated? was written by Dan Fisher and published January 2024
West featured in The New York Times
No full textBrumby Distinguished Professor in First Amendment Law Sonja R. West was featured in The New York Times regarding defamation and the First Amendment. The article titled The Changing Focus of Climate Denial: From Science to Scientists was written by Delger Erdenesanaa and published 2/6/24