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Full-Text Articles in Law
Developing "Tort" Standards For The Award Of Mental Distress Damages In Statutory Discrimination Actions, Harold J. Rennett
Developing "Tort" Standards For The Award Of Mental Distress Damages In Statutory Discrimination Actions, Harold J. Rennett
University of Michigan Journal of Law Reform
The relation between tort remedies and discrimination has been examined extensively, yet there has been little consideration of this relationship with respect to appropriate evidentiary standards for the award of mental distress damages in discrimination cases. This article will consider such standards. After briefly tracing the history of mental distress award standards in discrimination cases, this article will critically examine present compensatory approaches in such cases and suggest an alternative philosophy more consonant with tort compensation principles.
Punitive Damages Under Section 102 Of The Labor-Management Reporting And Disclosure Act, S. Thomas Wienner
Punitive Damages Under Section 102 Of The Labor-Management Reporting And Disclosure Act, S. Thomas Wienner
University of Michigan Journal of Law Reform
It is firmly established that in a suit brought under section 102, a union member may ordinarily recover compensatory damages for any injury proximately caused by a violation of Title I or section 609. The courts are divided, however, on the question of whether a plaintiff may be awarded punitive damages under section 102. This article will address that question by discussing the language and the legislative history of section 102, the conflicting decisions of the federal courts, and the relevant policy considerations.