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Full-Text Articles in Law
The Foggy Road For Evaluating Punitive Damages: Lifting The Haze From The Bmw/State Farm Guideposts, Steven L. Chanenson, John Y. Gotanda
The Foggy Road For Evaluating Punitive Damages: Lifting The Haze From The Bmw/State Farm Guideposts, Steven L. Chanenson, John Y. Gotanda
Working Paper Series
In light of increasing punitive damages awards, the United States Supreme Court formulated criteria for evaluating whether a punitive damages award is so unreasonably large that it violates substantive due process. Unfortunately, these "guideposts," which were first erected in BMW v. Gore and applied last term in State Farm v. Campbell, are difficult to use and have resulted in inconsistent decisions. Indeed, Justice Scalia stated that they "mark a road to nowhere." The authors argue that the problems with the guideposts can be fixed by refining the third guidepost, which compares the punitive damages award to the criminal (or civil) …
Constitutional Law - Constitutional Remedy - The Third Circuit's Approach To 42 U.S.C. 1983 Malicious Prosecution Claims, Mary E. Williams
Constitutional Law - Constitutional Remedy - The Third Circuit's Approach To 42 U.S.C. 1983 Malicious Prosecution Claims, Mary E. Williams
Villanova Law Review
No abstract provided.
Products Liability - The Effect Of Medtronic, Inc. V. Lohr On Third Circuit Products Liability Litigation: Medical Device Amendments Do Not Pre-Empt State Law Tort Claims, Elizabeth G. Harkins
Products Liability - The Effect Of Medtronic, Inc. V. Lohr On Third Circuit Products Liability Litigation: Medical Device Amendments Do Not Pre-Empt State Law Tort Claims, Elizabeth G. Harkins
Villanova Law Review
No abstract provided.
Revitalizing The Clear-And-Present-Danger Test: Toward A Principled Interpretation Of The First Amendment, Jeffrey M. Shaman
Revitalizing The Clear-And-Present-Danger Test: Toward A Principled Interpretation Of The First Amendment, Jeffrey M. Shaman
Villanova Law Review
No abstract provided.
No-Fault Automobile Insurance In Pennsylvania - A Constitutional Analysis, Joel M. Martel
No-Fault Automobile Insurance In Pennsylvania - A Constitutional Analysis, Joel M. Martel
Villanova Law Review
No abstract provided.