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"Crimtorts" As Corporate Just Deserts, Thomas Koenig, Michael Rustad
"Crimtorts" As Corporate Just Deserts, Thomas Koenig, Michael Rustad
University of Michigan Journal of Law Reform
Just as Grant Gilmore described "contorts" that lie on the borderline between contract and tort law, the authors coin the term "crimtort" to identify the expanding common ground between criminal and tort law. Although the concept of crimtort can be broadly applied to many areas of the law, this Article focuses on the primary crimtort remedy - punitive damages. The deterrent power of punitive damages lies in the wealth-calibration of the defendant's punishment. For corporations this means that punitive damages will reflect the firm's net income or net worth. The theoretical danger is that juries will abuse wealth by redistributing …
Spare The Rod, Embrace Our Humanity: Toward A New Legal Regime Prohibiting Corporal Punishment Of Children, Susan H. Bitensky
Spare The Rod, Embrace Our Humanity: Toward A New Legal Regime Prohibiting Corporal Punishment Of Children, Susan H. Bitensky
University of Michigan Journal of Law Reform
This article proceeds from the simple premise that hitting children hurts them-even when the hitting does not rise to the level of child abuse as traditionally conceived. There is convincing evidence that corporal punishment is a hidden cruelty in child rearing that has serious adverse consequences for its victims and society at large. Yet forty-nine states permit parental corporal punishment of children and approximately half of the states permit such punishment in elementary and secondary schools The main purpose of this Article is to question the advisability of continuing the legalized status of corporal punishment of children in the United …
The Color Line Of Punishment, Jerome H. Skolnick
The Color Line Of Punishment, Jerome H. Skolnick
Michigan Law Review
If "the color line," (in W.E.B. Du Bois's 1903 phrase and prophecy) was to be the twentieth century's greatest challenge for the domestic life and public policy of the United States, the law has had much to do with drawing its shape. No surprise, this. By now, legal theorists accept that law does not advance in preordained fashion, immune from the sway of political interest, belief systems and social structure. Still, it is hard to exaggerate how powerfully the law has shaped the life chances of Americans of African heritage, for good or ill, and in ways that we scarcely …
Hard Cases, Carl E. Schneider
Hard Cases, Carl E. Schneider
Articles
Robert Latimer was born in 1953 on a farm on the prairies of Saskatchewan and grew up to own a 1,280-acre farm. In 1980 he married, and that year Tracy, the first of four children, was born. During her birth, Tracy's brain was terribly damaged by lack of oxygen, and severe cerebral palsy ensued. By 1993 Tracy could laugh, smile, and cry, and she could recognize her parents and her siblings. But she could not understand her own name or even simple words like "yes" and "no." She could not swallow well and would so often vomit her parents kept …