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Articles 1 - 8 of 8
Full-Text Articles in Law
An Undetectable Constitutional Violation, Jill W. Lens
An Undetectable Constitutional Violation, Jill W. Lens
Jill Wieber Lens
Justice Thomas, Civil Asset Forfeitures, And Punitive Damages, Jill W. Lens
Justice Thomas, Civil Asset Forfeitures, And Punitive Damages, Jill W. Lens
Jill Wieber Lens
Section 1983 Civil Rights Litigation Colloquium, Erwin Chemerinsky, Martin A. Schwartz
Section 1983 Civil Rights Litigation Colloquium, Erwin Chemerinsky, Martin A. Schwartz
Erwin Chemerinsky
No abstract provided.
Punitive Damages Revisited: A Statistical Analysis Of How Federal Circuit Courts Decide The Constitutionality Of Such Awards, Hironari Momioka
Punitive Damages Revisited: A Statistical Analysis Of How Federal Circuit Courts Decide The Constitutionality Of Such Awards, Hironari Momioka
Cleveland State Law Review
Using data from punitive damages decisions of U.S. federal circuit courts from 2004 to 2012, this paper attempts to establish empirically the following: (1) there is no apparent statistical difference between the levels of jury and judge awards; (2) U.S. Supreme Court decisions such as Philip Morris (2007) or Exxon (2008) do not actually or substantially affect the level of punitive damage awards; (3) with regard to the cases involving remittitur, or reduction of awards, the Exxon decision did not radically affect the decreasing ratio of punitive to compensatory damage awards; (4) as the levels of compensatory awards go up, …
Defective Punitive Damage Awards, Jill W. Lens
Defective Punitive Damage Awards, Jill W. Lens
Jill Wieber Lens
Civil Law Pulsations Along The Latin American Periphery, Ángel R. Oquendo
Civil Law Pulsations Along The Latin American Periphery, Ángel R. Oquendo
University of Miami Inter-American Law Review
The civil law system shows its true face as it travels from the Continental European core to the Latin American periphery. Many of the principal institutions have found a home and thrived in the new and radically different environment. One can best study them there by contemplating how they have preserved some of their most basic features despite having transformed themselves into something else.
The notion of the civil law tradition and that of codification have themselves undergone this dialectic of transformation and preservation. So have the traditional approach to contractual interpretation and to third-party agreements and the common proscriptions …
Shrinkage Estimation In The Adjudication Of Civil Damage Claims, Hillel J. Bavli, Yang Chen
Shrinkage Estimation In The Adjudication Of Civil Damage Claims, Hillel J. Bavli, Yang Chen
Faculty Journal Articles and Book Chapters
Recent papers have highlighted the use of claim aggregation as a tool for reducing the unpredictability of legal outcomes. Specifically, it has been argued that sampling methods can be used in the class action context, and comparable-case guidance – information regarding awards in comparable cases as guidance for determining damage awards – can be used in the individual-claim context, to reduce variability and improve the accuracy of awards. In this paper, we examine a third form of claim aggregation based on a statistical method called “shrinkage estimation,” which is used to aggregate information and thereby improve estimation. We examine the …
Improving The Effectiveness Of South Korean Product Liability Including Punitive Damages: A Comparative Analysis Between The United States And South Korea, Minsung Kim
Maurer Theses and Dissertations
As South Korean Product Liability Act was revised to adopt the U.S. doctrine of punitive damages, there is a theoretical necessity of reviewing the relations between the theory of product liability and the U.S. doctrine of punitive damages. The theory of product liability is closely related to the strict liability but the doctrine of punitive damages has been developed to regulate malicious misconducts. Due to the different basic concepts, the strict liability and malicious misconducts, the theory of product liability might not include the doctrine of punitive damages. In addition to the compatibility issue, functions of the punitive damages are …