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Full-Text Articles in Law

Charting Developments Concerning Punitive Damages: Is The Tide Changing?, John Y. Gotanda Nov 2006

Charting Developments Concerning Punitive Damages: Is The Tide Changing?, John Y. Gotanda

Working Paper Series

This essay discusses a number of developments outside of the United States concerning punitive damages, which may ultimately signal a change in the way other countries view American awards of such damages.

To date, courts in many countries have refused to recognize and enforce American punitive damages awards on the ground that they violate the host country’s public policy. In most civil law countries, such as France and Germany, penal damages can only be ordered in criminal proceedings; a civil award of such damages has been viewed as contrary to ordre public. In common law countries, while punitive damages ...


Damages In Lieu Of Performance Because Of Breach Of Contract, John Y. Gotanda Jul 2006

Damages In Lieu Of Performance Because Of Breach Of Contract, John Y. Gotanda

Working Paper Series

In contract disputes between transnational contracting parties, damages are often awarded to compensate a claimant for loss, injury or detriment resulting from a respondent’s failure to perform the agreement. In fact, damages may be the principal means of substituting for performance or they may complement other remedies, such as recision or specific performance.

Damages for breach of contract typically serve to protect one of three interests of a claimant: (1) performance interest (also known as expectation interest); (2) reliance interest; or (3) restitution interest. The primary goal of damages in most jurisdictions is to fulfil a claimant’s performance ...


Turning Medals Into Metal: Evaluating The Court Of Arbitration For Sport As An International Tribunal, Daniel H. Yi May 2006

Turning Medals Into Metal: Evaluating The Court Of Arbitration For Sport As An International Tribunal, Daniel H. Yi

Student Scholarship Papers

The history of transnational adjudication is littered with failure and disappointment. War crimes tribunals have often become farces, the ICC has exacerbated armed conflicts, and even the venerable ICJ has endured humiliating failures. This piece makes a compelling case for why one international tribunal, the Court of Arbitration for Sport (“CAS”), has managed to flourish in the otherwise depressing landscape of transnational adjudication. Specifically, the article makes a novel argument for 1) why parties are drawn to the CAS, and 2) how the CAS’ speech acts manage to have force.