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- BMW of North America (1)
- Book Review (1)
- Daniel Shapiro (1)
- Due Process of Law (1)
- Human Emotions (1)
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- Inc. v. Gore 517 U.S. 559 (1996) (1)
- Jurisprudence (1)
- Lacey T. Smith (1)
- Negotiations (1)
- Peter D. Ladd (1)
- Punitive damages (1)
- Roger Fisher (1)
- State Farm Mutual Automobile Insurance Co. v. Campbell 538 U.S. 408 (2003) (1)
- United States Constitution. 10th Amendment (1)
- United States Constitution. 9th Amendment (1)
- United States. Supreme Court (1)
Articles 1 - 2 of 2
Full-Text Articles in Law
Due Process And Punitive Damages: The Error Of Federal Excessiveness Jurisprudence, A. Benjamin Spencer
Due Process And Punitive Damages: The Error Of Federal Excessiveness Jurisprudence, A. Benjamin Spencer
Faculty Publications
The Supreme Court, in a line of several cases over the past decade, has established a rigorous federal constitutional excessiveness review for punitive damages awards based on the Due Process Clause. As a matter of substantive due process, says the Court, punitive awards must be evaluated by three "guideposts" set forth in BMW of North America v. Gore: the degree of reprehensibility of the defendant's conduct, the ratio between punitive and compensatory damages, and a comparison of the amount of punitive damages to any "civil or criminal penalties that could be imposed for comparable misconduct." Following up on this pronouncement …
Building The Emotionally Learned Negotiator, Erin Ryan
Building The Emotionally Learned Negotiator, Erin Ryan
Faculty Publications
No abstract provided.