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Full-Text Articles in Law

Punitive Damages: A Relic That Has Outlived Its Origins, James B. Sales, Kenneth B. Cole, Jr. Oct 1984

Punitive Damages: A Relic That Has Outlived Its Origins, James B. Sales, Kenneth B. Cole, Jr.

Vanderbilt Law Review

The doctrine of punitive damages truly is an ancient legal concept that inexplicably has evaded commitment to the archives of history. Irrespective of the questionable validity of the doctrine at early common law, the simple fact remains that none of the historical justifications supports the punitive damage theory in today's tort reparations system. The quest to bestow increasing compensation no longer can justify punitive damage awards because actual damages currently recoverable compensate plaintiffs more than adequately for every conceivable element of physical, emotional, or imagined injury. The desire to inflict punishment, likewise, represents an insupportable basis for awarding quasi-criminal fines …


Some Order Out Of Chaos In Wrongful Death Law, T. A. Smedley Mar 1984

Some Order Out Of Chaos In Wrongful Death Law, T. A. Smedley

Vanderbilt Law Review

In this Article, the author endeavors to outline a fair and manageable uniform law on wrongful death. Part II of this Article summarizes the historical development and inadequacies of the diverse types of wrongful death and survival laws in the United States.Part III explores the damages recoverable under the existing statutes. Part IV examines two significant proposals for reforming this area of the law. Finally, parts V and VI contain the author's suggestions for a fair yet manageable wrongful death statute that may serve all jurisdictions.


Zen And The Art Of Exemplary Damages Assessment, Theodore Emens Cowen Jan 1984

Zen And The Art Of Exemplary Damages Assessment, Theodore Emens Cowen

Kentucky Law Journal

No abstract provided.


Imposing Punitive Damage Liability On The Intoxicated Driver, Martin Kotler Dec 1983

Imposing Punitive Damage Liability On The Intoxicated Driver, Martin Kotler

Martin A. Kotler

This Article explores the traditional justification for the imposition of punitive damage liability in the context of drunk driving. Though courts have increasingly found such damages to be available in the appropriate case, neither the deterrence nor punishment rationales can be justified in the absence of widespread public awareness that specific conduct has the potential to result in liability. Criminal sanction, therefore, better serves to accomplish the intended purposes.