Advanced Torts | Georgetown Law

The first-year Torts course provides a basic introduction to the three major areas of tort liability: intentional torts, negligence and strict liability. It also focuses on the tensions between the major goals of tort liability, deterrence and compensation.

The curriculum cluster on advanced torts builds upon this foundation by offering students an opportunity to delve in depth into some of the more controversial and important issues now facing the tort system. It also permits students to explore aspects of tort liability not covered in first-year Torts courses.

Professor Heidi Li Feldman teaches a three-credit course in Advanced Torts: Theory and Practice. The course includes an intensive survey of recent torts scholarship and examines the major theoretical issues raised by the literature. It looks at histories of modern tort law; efficiency analysis of tort problems; and tort liability, insurance, and tort reform. The course delves into three substantive areas of tort law -- mass toxic torts, workers accidents, and libel and defamation -- and considers these areas in a comparative context.

The institution of insurance is essential to the functioning of the tort system, and the course in Insurance Law provides students with a comprehensive understanding of not only liability insurance but also property, casualty, life and health insurance. It also takes up the tort liability of agents and brokers, and the liability of insurers for failing to settle tort claims.

The Class Action Law and Practice Seminar explores the emerging issues surrounding the class action device in a variety of contexts, including mass torts cases. The seminar covers all phases of a class action suit.

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LAW 1426 v00 Medical Malpractice Seminar

J.D. Seminar (cross-listed) | 2-3 credit hours

This seminar focuses on the empirical literature on medical malpractice, medical malpractice litigation, and tort reform. We will cover physician and institutional liability, health care quality and medical error, the economics of litigating medical malpractice cases, the market for representation, the causes of malpractice crises, and the effect of the reforms that have resulted (and been proposed).

Note: This seminar requires a paper. J.D. students must register for the 3 credit section of the seminar if they wish to write a paper fulfilling the Upperclass Legal Writing Requirement. The paper requirements of the 2 credit section will not fulfill the J.D. Upperclass Legal Writing Requirement.

LAW 364 v07 Public Health Law and Ethics

J.D. Course (cross-listed) | 3 credit hours

This course explores the interwoven dynamics of law, ethics, and science in public health through examination of core legal theory and practice-based examples. With COVID-19 ushering law, policy, and decision-making around public health into broad public awareness, this class will draw upon current issues in society, enabling students to apply legal and ethical concepts to real-world scenarios. By spotlighting recent and historical examples of public health law in action, including COVID-19, opioids, obesity, tobacco, and the environment, this course will be valuable for students interested in health law and equity, as well as students seeking to deepen their expertise in public policy.

Students will learn the conceptual foundations of public health law in the United States, with particular attention to the statutory and regulatory powers and duties of federal and state governmental entities to protect the health and safety of the population and the judicial decisions that shape them. Sources of tension between public health goals and objectives and civil liberties will be interactively contemplated, including, among others: disease surveillance and privacy; labeling and advertising restrictions and free speech; and considerations around individual versus population-based conceptions of health. Discussions of recent major legislative developments and court decisions impacting jurisprudence, public health authority, and individual rights will be incorporated alongside primary themes. Throughout the course, students will engage with public health law through applied learning—case studies and class exercises—focused on analyzing emerging issues, comparing national and global responses, understanding ethical implications, and developing legal and policy strategies that integrate health equity and address social determinants of health.

LAW 364 v08 Public Health Law and Ethics

J.D. Course (cross-listed) | 3 credit hours

This course explores the interwoven dynamics of law, ethics, and science in public health through examination of core legal theory and practice-based examples. With the COVID-19 pandemic and multi-country mpox outbreak ushering law, policy, and decision-making around public health into broad public awareness, this class will draw upon current issues in society, enabling students to apply legal and ethical concepts to real-world scenarios. By spotlighting recent and historical examples of public health law in action, including health emergencies (e.g., COVID-19, Ebola, Zika, and mpox), non-communicable diseases (e.g., diabetes and cardiovascular disease, including the role of nutrition and physical activity, tobacco, and the environment, this course will be valuable for students interested in health law and equity, as well as students seeking to deepen their expertise in public policy. We will also discuss the deeper social, economic, and commercial determinates of health.

Students will learn the conceptual foundations of public health law in the United States, with particular attention to the statutory and regulatory powers and duties of federal and state governmental entities to protect the health and safety of the population and the judicial decisions that shape them. Sources of tension between public health goals and objectives and civil liberties will be interactively contemplated, including, among others: disease surveillance and privacy; labeling and advertising restrictions and free speech; and considerations around individual versus population-based conceptions of health. Discussions of recent major legislative developments and court decisions impacting jurisprudence, public health authority, and individual rights will be incorporated alongside primary themes.

Throughout the course, students will engage with public health law through applied learning—case studies and class exercises—focused on analyzing emerging issues, comparing national and global responses, understanding ethical implications, and developing legal and policy strategies that integrate health equity and address social determinants of health.

Note: This course meets on a condensed schedule. It will meet twice a week for the 1st eight weeks, then the course will meet once a week for the next five weeks. The last class meeting is on Wednesday, 11/20.

Full-time and Visiting Faculty

David Hyman
Franz Werro