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Full-Text Articles in Law
Overcoming Under-Compensation And Under-Deterrence In Intentional Tort Cases: Are Statutory Multiple Damages The Best Remedy?, Stephen J. Shapiro
Overcoming Under-Compensation And Under-Deterrence In Intentional Tort Cases: Are Statutory Multiple Damages The Best Remedy?, Stephen J. Shapiro
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This Article advocates that states' statutes make greater and more systematic use of multiple damages by extending them to a much broader range of intentional, wrongful conduct. Part II of this Article will explain why extra-compensatory relief is called for when tortious conduct is intentional or malicious. Part III will compare punitive damages, attorney fees, and treble or other multiple damages as possible sources of additional relief. Part IV will focus on multiple damages. The Article will examine the range of existing state statutes and discuss why and how those statutes might be extended to a broader range of wrongful …
Racial Redistricting In A Post-Racial World, Gilda R. Daniels
Racial Redistricting In A Post-Racial World, Gilda R. Daniels
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The 2011 redistricting will provide some interesting challenges for minority voting rights. How can we preserve minority electoral opportunities and gains in the wake of Bartlett v. Strickland and Georgia v. Ashcroft? What is the impact on future voting rights litigation and are coalition district claims viable as an opportunity to continue the electoral gains made since the passage of the Voting Rights Act? Are majority-minority districts safe from legislative backsliding? The Supreme Court's construed admonitions against race-conscious redistricting in recent cases may become cautionary tales. This Article discusses the central role the Voting Rights Act should play in preserving …