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Selected Works

2013

Punitive damages

Articles 1 - 2 of 2

Full-Text Articles in Law

Breathe Deeply: The Tort Of Smokers' Battery, Irene Scharf Nov 2013

Breathe Deeply: The Tort Of Smokers' Battery, Irene Scharf

Irene Scharf

This Article explores the long and faltering history of attempts to impose liability on tobacco product manufactures. Part II traces the manufacturers' historical and current actions of targeting youth through both promotions and deceptive advertising. Part III argues in favor of an expanded cause of action against the manufacturers for the intentional tort of battery. Part IV discusses the prospect of awards of punitive damages in these cases, and the Epilogue summarizes other advantages of the battery cause of action.

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Justice Holmes’S Bad Man And The Depleted Purposes Of Punitive Damages, Jill W. Lens Dec 2012

Justice Holmes’S Bad Man And The Depleted Purposes Of Punitive Damages, Jill W. Lens

Jill Wieber Lens

Justice Holmes introduced his bad man as a tool to separate law and morality. The bad man is not affected by morality, and sees a tort duty only as an obligation to pay damages. The bad man does not consider any chance of escaping liability, so he sees that obligation as mandatory. Applied hypothetically to punitive damages, the bad man would not appreciate the morality basis for imposing punitive damages or the moral condemnation and stigma that traditionally results from that imposition. Instead, he sees punitive damages as just another check that he will be required to write. 

In Exxon …

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