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Full-Text Articles in Law
If The Punishment Fits - Doctored Bmw Paint Job Returns Punitive Damages Issue To The Court, Richard C. Reuben
If The Punishment Fits - Doctored Bmw Paint Job Returns Punitive Damages Issue To The Court, Richard C. Reuben
Faculty Publications
A lot more is at stake in BMW of North America v. Gore, 94-896, than the legal cost of repainting luxury automobiles, The case returns the issue of punitive damages to the Supreme Court amid complaints by business interests to a receptive Congress that high punitive awards are helping to stifle U.S. economic growth. At the same time, the case carries overtones of federalism, an issue that seems to lurk throughout the Supreme Court's docket these days.
Breathe Deeply: The Tort Of Smokers' Battery, Irene Scharf
Breathe Deeply: The Tort Of Smokers' Battery, Irene Scharf
Faculty Publications
This Article explores the long and faltering history of attempts to impose liability on tobacco product manufactures. Part II traces the manufacturers' historical and current actions of targeting youth through both promotions and deceptive advertising. Part III argues in favor of an expanded cause of action against the manufacturers for the intentional tort of battery. Part IV discusses the prospect of awards of punitive damages in these cases, and the Epilogue summarizes other advantages of the battery cause of action.