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Full-Text Articles in Law
A Financial Economic Theory Of Punitive Damages, Robert J. Rhee
A Financial Economic Theory Of Punitive Damages, Robert J. Rhee
Faculty Scholarship
This Article provides a financial economic theory of punitive damages. The core problem, as the Supreme Court acknowledged in Exxon Shipping Co. v. Baker, is not the systemic amount of punitive damages in the tort system; rather, it is the risk of outlier outcomes. Low frequency, high severity awards are unpredictable, cause financial distress, and beget social cost. By focusing only on offsetting escaped liability, the standard law and economics theory fails to account for the core problem of variance. This Article provides a risk arbitrage analysis of the relationship between variance, litigation valuation, and optimal deterrence. Starting with …
Statutory Limits On Punitive Damages In Nursing Home Negligence Tort Actions: Preventing The Collapse Of The Private Nursing Home, Terrance J. Shanahan
Statutory Limits On Punitive Damages In Nursing Home Negligence Tort Actions: Preventing The Collapse Of The Private Nursing Home, Terrance J. Shanahan
Journal of Health Care Law and Policy
No abstract provided.
Evidence, Economics, And Ethics: What Information Should Jurors Be Given To Determine The Amount Of A Punitive Damage Award?, David Crump
Maryland Law Review
No abstract provided.
Punitive Damages In Equity - Superior Construction Co. V. Elmo, Gerald J. Robinson
Punitive Damages In Equity - Superior Construction Co. V. Elmo, Gerald J. Robinson
Maryland Law Review
No abstract provided.