Download or read book Procedural Due Process and Predictable Punitive Damage Awards written by Jill Wieber Lens and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: “In Exxon Shipping Co. v. Baker, the Supreme Court's most recent opinion on punitive damage awards, the Court declared that the real problem with punitive damage awards is their "stark unpredictability." The Court abandoned all hope that common law jury instructions could produce predictable punitive damage awards. Instead, the Court suggested pegging punitive damage awards to compensatory damage awards. So far, analysis of the opinion has been minimal, likely due to the purported maritime law basis of the holding. Exxon should not be overlooked, however, as it signals a resurgence of procedural due process as a basis for challenging punitive damage awards—a type of challenge that the Court has not heard since the early 1990s. Predictability of the amount is no different than fair notice of the likely severity of an award, which procedural due process requires. If common law jury instructions cannot produce predictable punitive damage awards, they also cannot produce awards consistent with the notice procedural due process requires. The Exxon Court's pegging solution will not produce predictable awards (and ones that comply with procedural due process) because it relies on compensatory damages, which are inherently unpredictable. As an alternative, this Article suggests looking to restitution, a non-controversial punitive, civil remedy. Basing punitive damages on the defendant's gain would produce predictable awards—as procedural due process requires.”
Download or read book Comparative Tort Law written by Thomas Kadner Kadner-Graziano and published by Routledge. This book was released on 2018-03-20 with total page 807 pages. Available in PDF, EPUB and Kindle. Book excerpt: Comparative Tort Law promotes a ‘learning by doing’ approach to comparative tort law and comparative methodology. Each chapter starts with a case scenario followed by questions and expertly selected material, such as: legislation, extracts of case law, soft law principles, and (where appropriate) extracts of legal doctrine. Using this material, students are invited to: • solve the proposed scenario according to the laws of several jurisdictions; • compare the approaches and solutions they have identified; • evaluate their respective pros and cons; and • reflect upon the most appropriate approach and solution. This book is essential reading for all students and scholars of comparative tort law and comparative law methodology and is the ideal companion for those wishing to both familiarise themselves with real-world materials and understand the many diverse approaches to modern tort law.
Download or read book ABA Journal written by and published by . This book was released on 1989-10 with total page 144 pages. Available in PDF, EPUB and Kindle. Book excerpt: The ABA Journal serves the legal profession. Qualified recipients are lawyers and judges, law students, law librarians and associate members of the American Bar Association.
Download or read book Feminist Judgments Rewritten Tort Opinions written by Martha Chamallas and published by Cambridge University Press. This book was released on 2020-12-10 with total page 459 pages. Available in PDF, EPUB and Kindle. Book excerpt: A feminist rewrite of tort law cases that reveals gender bias and the law's failure to redress serious harms to women.
Download or read book California Court of Appeal 2nd Appellate District Records and Briefs written by California (State). and published by . This book was released on with total page 294 pages. Available in PDF, EPUB and Kindle. Book excerpt: Received document entitled: RESPONDENTS' FEDERAL AUTHORITIES
Download or read book The Hastings Law Journal written by and published by . This book was released on 2015-06 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Reports of Cases Argued and Adjudged in the Supreme Court of the United States written by United States. Supreme Court and published by . This book was released on 1997 with total page 942 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Unpredictable Constitution written by Norman Dorsen and published by NYU Press. This book was released on 2006-05-01 with total page 642 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Unpredictable Constitution brings together a distinguished group of U.S. Supreme Court Justices and U.S. Court of Appeals Judges, who are some of our most prominent legal scholars, to discuss an array of topics on civil liberties. In thoughtful and incisive essays, the authors draw on decades of experience to examine such wide-ranging issues as how legal error should be handled, the death penalty, reasonable doubt, racism in American and South African courts, women and the constitution, and government benefits. Contributors: Richard S. Arnold, Martha Craig Daughtry, Harry T. Edwards, Ruth Bader Ginsburg, Betty B. Fletcher, A. Leon Higginbotham, Jr., Lord Irvine of Lairg, Jon O. Newman, Sandra Day O'Connor, Richard A. Posner, Stephen Reinhardt, and Patricia M. Wald.
Download or read book California Court of Appeal 4th Appellate District Division 3 Records and Briefs written by California (State). and published by . This book was released on with total page 658 pages. Available in PDF, EPUB and Kindle. Book excerpt: Number of Exhibits: 18
Download or read book Official Reports of the Supreme Court written by United States. Supreme Court and published by . This book was released on 1991 with total page 854 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Punitive Damages written by Cass R. Sunstein and published by University of Chicago Press. This book was released on 2008-12-19 with total page 299 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the past two decades, the United States has seen a dramatic increase in the number and magnitude of punitive damages verdicts rendered by juries in civil trials. Probably the most extraordinary example is the July 2000 award of $144.8 billion in the Florida class action lawsuit brought against cigarette manufacturers. Or consider two recent verdicts against the auto manufacturer BMW in Alabama. In identical cases, argued in the same court before the same judge, one jury awarded $4 million in punitive damages, while the other awarded no punitive damages at all. In cases involving accidents, civil rights, and the environment, multimillion-dollar punitive awards have been a subject of intense controversy. But how do juries actually make decisions about punitive damages? To find out, the authors-experts in psychology, economics, and the law-present the results of controlled experiments with more than 600 mock juries involving the responses of more than 8,000 jury-eligible citizens. Although juries tended to agree in their moral judgments about the defendant's conduct, they rendered erratic and unpredictable dollar awards. The experiments also showed that instead of moderating juror verdicts, the process of jury deliberation produced a striking "severity shift" toward ever-higher awards. Jurors also tended to ignore instructions from the judges; were influenced by whatever amount the plaintiff happened to request; showed "hindsight bias," believing that what happened should have been foreseen; and penalized corporations that had based their decisions on careful cost-benefit analyses. While judges made many of the same errors, they performed better in some areas, suggesting that judges (or other specialists) may be better equipped than juries to decide punitive damages. Using a wealth of new experimental data, and offering a host of provocative findings, this book documents a wide range of systematic biases in jury behavior. It will be indispensable for anyone interested not only in punitive damages, but also jury behavior, psychology, and how people think about punishment.
Download or read book Tort Theory written by Kenneth D. Cooper-Stephenson and published by Captus Press. This book was released on 1993 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Columbia Law Review written by and published by . This book was released on 1991 with total page 1078 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Uniform Federal Product Liability Law written by United States. Congress. Senate. Committee on the Judiciary and published by . This book was released on 1993 with total page 310 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Civil Jury Cases and Verdicts in Large Counties written by Carol J. DeFrances and published by . This book was released on 1995 with total page 16 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Mealey s Litigation Reports written by and published by . This book was released on 1993 with total page 928 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The European Court of Human Rights written by Helmut P. Aust and published by Edward Elgar Publishing. This book was released on 2021-04-30 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: This insightful book considers how the European Court of Human Rights (ECHR) is faced with numerous challenges which emanate from authoritarian and populist tendencies arising across its member states. It argues that it is now time to reassess how the ECHR responds to such challenges to the protection of human rights in the light of its historical origins.
