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Law, Economics, And Politics: The Untold History Of The Due Process Limitation On Punitive Damages, Daniel W. Morton-Bentley
Law, Economics, And Politics: The Untold History Of The Due Process Limitation On Punitive Damages, Daniel W. Morton-Bentley
Daniel W Morton-Bentley
Where did the idea that the Due Process clause limits the size of punitive damage awards come from? This question remains unanswered despite a large body of legal scholarship on the Supreme Court’s punitive damage jurisprudence. I contend that the argument won acceptance due to a cultural shift which began in the 1970s: the move towards evaluating social policies based solely on their adherence to free-market ideology. In the face of the economic disruptions of the 1970s, conservative and Republican policymakers relied heavily on free-market economic arguments. According to these arguments, any policies that reduce corporate profits – including punitive …
Law, Economics, And Politics: The Untold History Of The Due Process Limitation On Punitive Damages, Daniel W. Morton-Bentley
Law, Economics, And Politics: The Untold History Of The Due Process Limitation On Punitive Damages, Daniel W. Morton-Bentley
Daniel W Morton-Bentley
Where did the idea that the Due Process clause limits the size of punitive damage awards come from? This question remains unanswered despite a large body of legal scholarship on the Supreme Court’s punitive damage jurisprudence. I contend that the argument won acceptance due to a cultural shift which began in the 1970s: the move towards evaluating social policies based solely on their adherence to free-market ideology. In the face of the economic disruptions of the 1970s, conservative and Republican policymakers relied heavily on free-market economic arguments. According to these arguments, any policies that reduce corporate profits – including punitive …