Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 3 of 3

Full-Text Articles in Law

Speech Regulation: Why An Injunction Should Be Permissible Under Workplace Discrimination But Is Problematic Under Defamation, Sarah Shyr Sep 2009

Speech Regulation: Why An Injunction Should Be Permissible Under Workplace Discrimination But Is Problematic Under Defamation, Sarah Shyr

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


The Boundary-Line Function Of The Economic Loss Rule, Vincent R. Johnson Mar 2009

The Boundary-Line Function Of The Economic Loss Rule, Vincent R. Johnson

Washington and Lee Law Review

No abstract provided.


Common Law Punitive Damages: Something For Everyone?, Doug Rendleman Jan 2009

Common Law Punitive Damages: Something For Everyone?, Doug Rendleman

Scholarly Articles

Common law punitive damages have some feature that will get everyone's goat: a civil court meting out quasi-criminal punishment; a sanction, punishment, imposed after mere civil procedure; a civil jury stretching imprecise instructions into Robin Hood justice; a private plaintiff receiving a windfall that exceeds any reasonable estimate of loss; and, finally, the Supreme Court wielding the discredited doctrine of substantive due process. This article will examine the preceding fault lines and the countervailing considerations, devoting more attention to substantive due process than the others. It will then turn to Exxon Shipping Co. v. Baker, and include some modest …