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Full-Text Articles in Law

Indian Tribes, Civil Rights, And Federal Courts, Robert D. Probasco Mar 2001

Indian Tribes, Civil Rights, And Federal Courts, Robert D. Probasco

Faculty Scholarship

A citizen’s civil rights include protections against certain actions by three different governments – federal, state, and tribal. If the federal or a state government violates your civil rights, you can seek a remedy in federal court, including injunctive or declaratory judgment and damages. But the Supreme Court decided in Santa Clara Pueblo v. Martinez that that – other than habeas corpus relief – you cannot challenge a civil rights violation by an Indian tribe in federal court. The decision has resulted in a significant amount of controversy and proposals that Congress explicitly grant such jurisdiction. This article reviews the …


The Challenge Of Punitive Damages Mathematics, W. Kip Viscusi Jan 2001

The Challenge Of Punitive Damages Mathematics, W. Kip Viscusi

Vanderbilt Law School Faculty Publications

Proposals to provide juries with specific numerical instructions for setting punitive damages should bring greater rationality to punitive damages awards. This approach is tested using evidence from 353 jury-eligible citizens who applied these formulas to a series of legal cases. Few respondents assessed the correct values of punitive damages from the standpoint of deterrence. Anchoring effects of appeals by a plaintiffs lawyer or media coverage of similar awards lead respondents to abandon the punitive damages formula and set punitive damages based on the anchor. Minorities and the less well educated were particularly unwilling or unable to apply the recommended punitive …