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Full-Text Articles in Torts
Capping Incentives, Capping Innovation, Courting Disaster: The Gulf Oil Spill And Arbitrary Limits On Civil Liability, Andrew F. Popper
Capping Incentives, Capping Innovation, Courting Disaster: The Gulf Oil Spill And Arbitrary Limits On Civil Liability, Andrew F. Popper
Articles in Law Reviews & Other Academic Journals
Limiting liability by establishing an arbitrary cap on civil damages is bad public policy. Caps are antithetical to the interests of consumers and at odds with the national interest in creating incentives for better and safer products. Whether the caps are on non-economic loss, punitive damages, or set for specific activity, they undermine the civil justice system, deceiving juries and denying just and reasonable compensation for victims in a broad range of fields.
This Article postulates that capped liability on damages for offshore oil spills may well have been an instrumental factor contributing to the recent Deepwater Horizon catastrophe in …
Punitive Damages And Regulated Products, Teresa Moran Schwartz
Punitive Damages And Regulated Products, Teresa Moran Schwartz
American University Law Review
No abstract provided.
Poetic Justice: Punitive Damages And Legal Pluralism, Marc Galanter, David Luban
Poetic Justice: Punitive Damages And Legal Pluralism, Marc Galanter, David Luban
American University Law Review
No abstract provided.
The Historical Continuity Of Punitive Damages Awards: Reforming The Tort Reformers, Michael Rustad, Thomas Koenig
The Historical Continuity Of Punitive Damages Awards: Reforming The Tort Reformers, Michael Rustad, Thomas Koenig
American University Law Review
No abstract provided.
Poetic Justice: Punitive Damages And Legal Pluralism, Marc Galanter, David Luban
Poetic Justice: Punitive Damages And Legal Pluralism, Marc Galanter, David Luban
American University Law Review
No abstract provided.
Punitive Damages And Regulated Products, Teresa Moran Schwartz
Punitive Damages And Regulated Products, Teresa Moran Schwartz
American University Law Review
No abstract provided.
The Historical Continuity Of Punitive Damages Awards: Reforming The Tort Reformers, Michael Rustad, Thomas Koenig
The Historical Continuity Of Punitive Damages Awards: Reforming The Tort Reformers, Michael Rustad, Thomas Koenig
American University Law Review
No abstract provided.