Open Access. Powered by Scholars. Published by Universities.®
- Discipline
- Institution
Articles 1 - 3 of 3
Full-Text Articles in Law
Proportional Liability: Statistical Evidence And The Probability Paradox, David A. Fischer
Proportional Liability: Statistical Evidence And The Probability Paradox, David A. Fischer
Faculty Publications
Three major policies underlie tort liability: deterrence, compensation, and corrective justice. A primary justification for proportional liability is its alleged superiority in advancing the tort policy of deterrence. This Article demonstrates a significant flaw in this claim by showing that the use of tort liability in multiple cause cases involving statistical evidence in fact serves the policy of deterrence quite poorly.
Are Antitrust "Treble" Damages Really Single Damages?, Robert H. Lande
Are Antitrust "Treble" Damages Really Single Damages?, Robert H. Lande
All Faculty Scholarship
This Article will show that antitrust violations do not actually give rise to "treble" damages. When viewed correctly, antitrust damages awards are approximately equal to, or are in fact less than, the actual damages caused by antitrust violations.
The article demonstrates this by analyzing the relatively quantifiable harms from antitrust violations, modeling the issues under both deterrence and compensation frameworks. It calculates rough estimates of those factors that affect the magnitude of the antitrust damages multiplier actually awarded. These adjustments to the "treble" damages multiplier arise from: (1) the lack of prejudgment interest; (2) the effects of the statute of …
The Three Uses Of The Law: A Protestant Source Of The Purposes Of Criminal Punishment, John Witte Jr., Thomas C. Arthur
The Three Uses Of The Law: A Protestant Source Of The Purposes Of Criminal Punishment, John Witte Jr., Thomas C. Arthur
Faculty Articles
In this article, we focus on the interaction of Anglo-American criminal law and Protestant theological doctrine. We argue (1) that the sixteenth-century Protestant theological doctrine of the uses of moral law provided a critical analogue, if not antecedent to the classic Anglo-American doctrine of the purposes of criminal law and punishment; and (2) that this theological doctrine provides important signposts to the development of a more integrated moral theory of criminal law and punishment in late twentieth century America.
Part One of this Article sets out the theological doctrine of the "civil," "theological," and "educational" uses of the moral law, …