Law Commons^™

Takings, Torts, And Background Principles, Sandra B. Zellmer

Faculty Law Review Articles

No abstract provided.

The Logic Of Legal Remedies And The Relative Weight Of Norms: Assessing The Public Interest In The Tort Reform Debate, Irma S. Russell

Faculty Law Review Articles

This article calls for consideration of the relationship of strong social norms to the tort reform debate. Additionally, it inquires into the concepts of measuring and comparing interests and the judgments of proportionality inherent in traditional legal doctrines, scrutinizing in particular the methodology of comparisons in tort reform.

Part II of the article examines the need to identify, measure, and compare the interests at stake in any legal contest with rigorous consistency.

Part III explores the natural hierarchy among legal norms and the weight accorded various types of interests that deserve legal protection.

Part IV considers the system of measurement …

Apportioning Tort Damages In New York: A Method To The Madness, Paul F. Kirgis

Faculty Law Review Articles

This Article proposes a unified formula for calculating damages in complex, multiparty tort cases. While the formula is my own, it incorporates the available case law and rests on the judgments of New York's most prominent civil practice scholars where no judicial guidance exists. Perhaps the most convincing claim to legitimacy I can offer, however, is the fact that my methodology produces results consistent with the principles motivating the statutory provisions at issue.

The Constitutionality Of State Allocation Of Punitive Damage Awards, Paul F. Kirgis

Faculty Law Review Articles

This Note analyzes state allocation in light of these differing approaches. The constitutional analysis of Part II begins with a discussion of Takings Clause issues presented by the former "appropriation" approach. This section suggests some flaws in that approach and some reasons why courts might mistakenly adopt it. Part II then examines the criminal law protections embodied in the Excessive Fines and Double Jeopardy Clauses and evoked by the latter "civil penalty" approach. Next, Part III argues for specific statutory adoption of the civil penalty approach and discusses the practice and policy issues that that approach presents. Finally, an Appendix …