Download or read book Landmark Cases in the Law of Punitive Damages written by James Goudkamp and published by Bloomsbury Publishing. This book was released on 2023-12-28 with total page 409 pages. Available in PDF, EPUB and Kindle. Book excerpt: Punitive damages are private law's most controversial remedy. This book traces the development of the jurisdiction from the foundational decisions of Huckle v Money and Wilkes v Wood in England, to leading modern cases such as Harris v Digital Pulse Pty Ltd in Australia, Whiten v Pilot Insurance Co in Canada, Couch v AG (No 2) in New Zealand, PH Hydraulics and Engineering Pte Ltd v Airtrust (Hong Kong) Ltd in Singapore and Mathias v Accor Economy Lodging, Inc and State Farm Mutual Automobile Insurance Co v Campbell in the United States. Many of the decisions addressed are not only landmarks regarding punitive damages but are among the most important judgments delivered in private law more generally. The essays, which are written by leading scholars from a wide range of jurisdictions, cast new light on the cases covered. They do so by examining their historical antecedents and the impact that they have had on the development of the law. The full spectrum of issues regarding punitive damages is addressed including the insurability of punishment, constitutional constraints on the remedy's availability and whether the award should be confined to particular causes of action. The collection will be of interest to all scholars and students of private law. It concentrates on common law cases although civilian perspectives, drawn from France and Germany, are also offered.

Download or read book Out of Balance written by Jonathan B. Wilson and published by iUniverse. This book was released on 2005 with total page 203 pages. Available in PDF, EPUB and Kindle. Book excerpt: Why are there so many frivolous lawsuits? How much money does America waste on litigation every year? Out of Balance counts the cost of our out-of-control litigation system and identifies the legal procedures and economic incentives that effectively reward lawyers who pursue weak and even silly legal claims. Using real world examples, Jonathan B. Wilson (an attorney and the general counsel of a publicly traded company) describes how the pursuit of attorneys' fees rests at the heart of our litigation system. He recounts alternative proposals to change the law and sets out prescriptions for reform designed to deter cases that should never be filed and resolve those that are. "[Out of Balance shows] how the American justice system front-loads scanty information, unpredictability, and the certainty of escalating legal costs to leverage weak or non-meritorious cases and victimize defendants of every kind." --John H. Sullivan, President, Civil Justice Association of California "Wilson takes an evenhanded approach to the subject of lawsuit reform, reporting in equal measure the clear evidence of America's runaway tort system that favors trial lawyers and the alternatives for systemic procedural reform that will level the playing field for all participants in the legal system. . . . [Out of Balance is] a behind-the-scenes user's guide for reform-minded business advocates and lawmakers who want to fight back and win."--Steven B. Hantler, DaimlerChrysler Out of Balance is an invaluable guide for changing our legal system and restoring its sense of balance and fairness.

Download or read book The American Illness written by F. H. Buckley and published by Yale University Press. This book was released on 2013-05-28 with total page 548 pages. Available in PDF, EPUB and Kindle. Book excerpt: DIVThis provocative book brings together twenty-plus contributors from the fields of law, economics, and international relations to look at whether the U.S. legal system is contributing to the country’s long postwar decline. The book provides a comprehensive overview of the interactions between economics and the law—in such areas as corruption, business regulation, and federalism—and explains how our system works differently from the one in most countries, with contradictory and hard to understand business regulations, tort laws that vary from state to state, and surprising judicial interpretations of clearly written contracts. This imposes far heavier litigation costs on American companies and hampers economic growth./div

Download or read book The Jury Under Fire written by Brian H. Bornstein and published by Oxford University Press. This book was released on 2017-01-23 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: Although the jury is often referred to as one of the bulwarks of the American justice system, it regularly comes under attack. Recent changes to trial procedures, such as reducing jury size, allowing non-unanimous verdicts, and rewriting jury instructions in plain English, were designed to promote greater efficiency and adherence to the law. Other changes, such as capping damages and replacing jurors with judges as arbiters in complex trials, seem designed to restrict the role of laypeople in trial outcomes. Whether these innovations are implemented to facilitate the administration of justice or due to the belief that juries have excessive power and make irrational decisions, they raise a host of questions about their effects on juries' judgments and about justice. Policymakers sometimes make incorrect assumptions about jury behavior, with the result that some reform efforts have had surprising and unintended consequences. The Jury Under Fire reviews a number of controversial beliefs about juries as well as the implications of these views for jury reform. It reviews up-to-date research on both criminal and civil juries that uses a variety of research methodologies: simulations, archival analyses, field studies, and juror interviews. Each chapter focuses on a mistaken assumption or myth about jurors or juries, critiques these myths, and then uses social science research findings to suggest appropriate reforms. Chapters discuss the experience of serving as a juror; jury selection and jury size; and the impact of evidence from eyewitnesses, experts, confessions, and juvenile offenders. The book also covers the process of deciding damages and punishment and the role of emotions in jurors' decision making, and it compares jurors' and judges' decisions. Finally, it reviews a broad range of efforts to reform the jury, including the most promising reforms that have a solid backing in research. Featuring highly visible trials to illustrate key points, The Jury Under Fire will interest researchers in psychology and the law, practicing attorneys, and policymakers, as well as students and trainees in these areas.

Download or read book Research Handbook on the Economics of Torts written by Jennifer Arlen and published by Edward Elgar Publishing. This book was released on 2013-11-29 with total page 668 pages. Available in PDF, EPUB and Kindle. Book excerpt: Focusing on issues of vital importance to those seeking to understand and reform the tort system, this volume takes a multi-disciplinary approach, including theoretical economic analysis, empirical analysis, socio-economic analysis, and behavioral anal

Download or read book Measuring Business Interruption Losses and Other Commercial Damages written by Patrick A. Gaughan and published by John Wiley & Sons. This book was released on 2020-06-23 with total page 544 pages. Available in PDF, EPUB and Kindle. Book excerpt: Measure business interruption losses with confidence You hope for the best and plan for the worst. It’s your job. But when the unimaginable happens, are you truly prepared for those business interruption losses? Measuring Business Interruption Losses and Other Commercial Damages is the only book in the field that explains the complicated process of measuring business interruption damages after you’ve been hit by the unexpected, whether the losses are from natural or man-made disasters, or whether the performance of one company adversely affects the performance of another. Understand the methodology for how lost profits should be measured Deal with the many common types of cases in business interruption lawsuits in commercial litigation Take a look at exhibits, tables, and graphs Benefit from updated data, case studies, and case law references Don’t get caught off guard. Get ahead of planning for measuring your interruption losses before disaster strikes.

Download or read book Civil Justice Reconsidered written by Steven P. Croley and published by NYU Press. This book was released on 2017-08-22 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: "In Civil Justice Reconsidered, Steven Croley demonstrates that civil litigation is, for the most part, socially beneficial. An effective civil litigation system is accessible to parties who have suffered legal wrongs, and it is reliable in the sense that those with stronger claims tend to prevail over those with weaker claims. However, while most of the system's failures are overstated, they are not wholly off base; civil litigation often imposes excessive costs that, among other unfortunate consequences, impede access to the courts, and Croley offers ways to reform civil litigation in the interest of justice for potential plaintiffs and defendants, and for the rule of law itself"--Publisher's web site, viewed February 10, 2017.

Download or read book American Juries written by Neil Vidmar and published by Prometheus Books. This book was released on 2009-09-25 with total page 428 pages. Available in PDF, EPUB and Kindle. Book excerpt: This monumental and comprehensive volume reviews more than 50 years of empirical research on civil and criminal juries and returns a verdict that strongly supports the jury system.

Download or read book Civil Procedure written by Stephen N. Subrin and published by Aspen Publishing. This book was released on 2020-02-02 with total page 1678 pages. Available in PDF, EPUB and Kindle. Book excerpt: Written by respected scholars and experienced educators, this book showcases rules and doctrine of civil procedure at work in the actual practice of law. The procedural and nonprocedural aspects of the cases are framed to hold students’ interest: doctrines reflect the choices of policymakers and also present strategic options for litigators. Each chapter contains a well-written introduction, cases, and clear explanations of the doctrine, supported by review questions and comments which deepen students’ understanding and clarify key concepts. Offering more than forty well-crafted problems (both for class use and review), these practice exercises and review exercises help students solidify their understanding of the materials whether used in class or as out-of-class assignments. In-class exercises and simulations based on two sample case files are integrated throughout. Pleadings, memoranda, transcripts, exhibits, motions, and more – all taken from real cases – appear in the Appendix. Civil Procedure: Doctrine, Practice, and Context consistently emphasizes the skills and values of lawyering as it offers a consideration of social responsibility. New to the Sixth Edition: A new, more digestible format Updated cases and all new chapters on Discovery and ADR Revised review questions to enhance student learning Updated historical narratives and questions to ponder that promote critical thinking Professors and students will benefit from: Practice exercises that allow students to learn by doing – integrating doctrine, practice, and context. These exercises can be covered in class or, instead, recommended as content for study groups. Rewritten sections on topics that are especially hard to teach (like discovery) and those that require a lot of time to teach in response to adopters’ requests. The case files – one involving New York City Police Department’s stop-and-frisk policy, the other a car accident – continue to be accessible and provide good teaching tools for procedure professors. Review questions that have been revised to focus on student comprehension, while broader critical questions have been separated out in “questions to ponder” sections. More background material integrated into the text to promote critical thinking and engage students with the latest debates over civil procedure. New practice problems promote engagement with cutting edge issues like Multidistrict Litigation. Authors that are continuously developing new teaching materials for those who use the book

Download or read book Policy Challenges and Political Responses written by William F. Shughart II and published by Springer Science & Business Media. This book was released on 2006-06-30 with total page 247 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Policy Challenges and Political Responses, leading public choice scholars confront the most significant problems facing democratic societies at the dawn of the 21st century. Ranging widely across the policy spectrum, this authoritative volume demonstrates the vibrancy and continuing relevance of the public choice research program by applying its ideas and methods to constitution-making in the European Union, terrorism, the growth of government, political campaign finance, vote-counting technologies, participatory democracy, corporate governance, school choice, and tort reform. Essays assessing the present state of the social contract and the enduring tensions between capitalism, socialism, and democracy broaden the book’s perspective. The distinguished list of contributors includes James Buchanan, Charles Rowley, Dennis Mueller, Todd Sandler, Randall Holcombe, Michael Munger, Thomas Stratmann, Harold Mulherin, Lawrence Kenny, and Paul Rubin. Edited by two of the editors of the journal Public Choice and as fresh as today’s headlines, this volume positions the public choice literature in the context of current events and points its research agenda in new directions. It is a unique and indispensable collection of value to economists, political scientists, political philosophers, and public policymakers.

Download or read book Pricing Lives written by W. Kip Viscusi and published by Princeton University Press. This book was released on 2020-10-06 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: How society’s undervaluing of life puts all of us at risk—and the groundbreaking economic measure that can fix it Like it or not, sometimes we need to put a monetary value on people's lives. In the past, government agencies used the financial "cost of death" to monetize the mortality risks of regulatory policies, but this method vastly undervalued life. Pricing Lives tells the story of how the government came to adopt an altogether different approach--the value of a statistical life, or VSL—and persuasively shows how its more widespread use could create a safer and more equitable society for everyone. In the 1980s, W. Kip Viscusi used the method to demonstrate that the benefits of requiring businesses to label hazardous chemicals immensely outweighed the costs. VSL is the risk-reward trade-off that people make about their health when considering risky job choices. With it, Viscusi calculated how much more money workers would demand to take on hazardous jobs, boosting calculated benefits by an order of magnitude. His current estimate of the value of a statistical life is $10 million. In this book, Viscusi provides a comprehensive look at all aspects of economic and policy efforts to price lives, including controversial topics such as whether older people's lives are worth less and richer people's lives are worth more. He explains why corporations need to abandon the misguided cost-of-death approach, how the courts can profit from increased application of VSL in assessing liability and setting damages, and how other countries consistently undervalue risks to life. Pricing Lives proposes sensible economic guideposts to foster more protective policies and greater levels of safety in the United States and throughout the world.

Download or read book Lawyer Barons written by Lester Brickman and published by Cambridge University Press. This book was released on 2011-01-31 with total page 585 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a broad and deep inquiry into how contingency fees distort our civil justice system, influence our political system and endanger democratic governance. Contingency fees are the way personal injury lawyers finance access to the courts for those wrongfully injured. Although the public senses that lawyers manipulate the justice system to serve their own ends, few are aware of the high costs that come with contingency fees. This book sets out to change that, providing a window into the seamy underworld of contingency fees that the bar and the courts not only tolerate but even protect and nurture. Contrary to a broad academic consensus, the book argues that the financial incentives for lawyers to litigate are so inordinately high that they perversely impact our civil justice system and impose other unconscionable costs. It thus presents the intellectual architecture that underpins all tort reform efforts.

Download or read book The Oxford Handbook of Comparative Judicial Behaviour written by and published by Oxford University Press. This book was released on 2024-10-18 with total page 1041 pages. Available in PDF, EPUB and Kindle. Book excerpt: These are momentous times for the comparative analysis of judicial behaviour. Once the sole province of U.S. scholars—and mostly political scientists at that—now, researchers throughout the world, drawing on history, economics, law, and psychology, are illuminating how and why judges make the choices they do and what effect those choices have on society. Bringing together leading scholars in the field, The Oxford Handbook of Comparative Judicial Behaviour consists of ten sections, each devoted to important subfields: fundamentals—providing overviews designed to identify common trends in courts worldwide; approaches to judging; data, methods, and technologies; staffing the courts; advocacy, litigation, and appellate review; opinions; relations within, between, and among courts; judicial independence; court and society; and frontiers of comparative judicial behaviour—dedicated to expanding on opportunities for advancement. Rather than focusing on particular courts, countries, or regions, the organization of the individual chapters is topical. Each chapter explores an important topic-critically evaluating the state of that topic and identifying opportunities for future work. While the forty-two chapters share a common interest in explaining the causes and effects of judicial choices, the range of approaches to comparative research is wide, inclusive, and interdisciplinary, from contrasts and similarities to sophisticated research agendas reflecting the emerging field of judicial behaviour around the world.

Download or read book Minnesota Law Review written by and published by . This book was released on 2007-11 with total page 968 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The Confiscation of American Prosperity written by M. Perelman and published by Springer. This book was released on 2007-10-01 with total page 237 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book argues that the right-wing revolution in the United States has created deepening inequality and will lead to economic catastrophe. The author makes the case that over the past three decades the rich have confiscated wealth and income from the poor and middle class to a far greater extent than many realize, and he explores in detail important but commonly unmeasured dimensions of inequality. He also takes aim at the economics profession, criticising the analytical blinders that leave economists incapable of seeing the coming crisis.

Download or read book Social Psychology of Punishment of Crime written by Margit E. Oswald and published by John Wiley & Sons. This book was released on 2015-06-15 with total page 468 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years, research interest has increased both in the needs of punishment by the public and in the psychological processes underlying decisions on sentencing. This comprehensive look at the social psychology of punishment focuses on recent advances, and presents new findings based on the authors’ own empirical research. Chapters explore the application of social psychology and social cognitive theories to decision making in the context of punishments by judges and the punitiveness of laymen. The book also highlights the different legal systems in the UK, US and Europe, discussing how attitudes to punishment can change in the context of cultural and social development.

Download or read book Modern American Remedies written by Douglas Laycock and published by Aspen Publishing. This book was released on 2018-11-19 with total page 1797 pages. Available in PDF, EPUB and Kindle. Book excerpt: Modern American Remedies: Cases and Materials, Fifth Edition is highly respected for its original and logical conceptual framework, comprehensive coverage, excellent case selection, and authoritative and well-written notes. The text achieves a balance of public and private law, and teaches and critiques the basics of economic analysis as applied to remedies issues. New to the Fifth Edition: New co-author Richard L. Hasen, author of Remedies: Examples and Explanations, a problem-based study guide and secondary adoptable for the casebook Key legal developments through the Supreme Court’s June 2018 decisions, including litigation surrounding President Trump’s travel ban Updated material on cy pres settlements in anticipation of Frank v. Gaos, the Supreme Court case involving Google Recent case law regarding the Third Restatement’s approach to unjust enrichment New, updated, or expanded notes on current issues, such as The rise of nationwide injunctions in challenges to federal policy Disputes over the scope of qualified immunity rules for government officials, especially police officers Donald Trump, Stormy Daniels, and Michael Cohen’s business partner A new drafting assignment involving an injunction in a case of same-sex harassment in employment New principal cases: Commercial Real Estate Investment v. Comcast of Utah, on new approaches to liquidated damages Sunnyland Farms v. Central New Mexico Electric Coop, on proximate cause in tort and contract Brown v. Plata, on structural injunctions and reform of prisons Lord & Taylor v. White Flint, on specific performance of long term contracts Armstrong v. Exceptional Child Center, on implied rights of action and the federal equity power Bonina v. Sheppard, on measuring restitution from innocent defendants In re Hypnotic Taxi LLC, on the standards for pre-judgment attachments James v. National Financial, LLC, on unconscionability in consumer contracts Arizona Libertarian Party v. Reagan, on laches in election cases Professors and students will benefit from: Strong conceptual organization based on remedies categories—compensatory and punitive damages, injunctions, restitution, declaratory judgments, enforcement of judgments (contempt and collections), attorneys’ fees, and remedial defenses—and in terms of daily teaching units of roughly equal length, each unit having a clear central theme Appropriate balance of public and private law Highly teachable and memorable cases, well edited and supported by informative and authoritative notes Coverage and critique of basic law and economics as applied to key remedies issues Plenty of information to support class discussion, case analysis, and applying concepts to varied fact patterns