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Full-Text Articles in Law

Punitive Damages--Developments In Section 1983 Cases, Eileen Kaufman, Martin A. Schwartz Jan 1994

Punitive Damages--Developments In Section 1983 Cases, Eileen Kaufman, Martin A. Schwartz

Scholarly Works

No abstract provided.


A Standard For Punitive Damages Under Title Vii, Judith J. Johnson Jan 1994

A Standard For Punitive Damages Under Title Vii, Judith J. Johnson

Journal Articles

Under the Civil Rights Act of 1991, the plaintiff in an employment discrimination case who alleges intentional discrimination may recover punitive damages if she demonstrates that her employer engaged in the discriminatory practice with "malice" or "reckless indifference" to federally protected rights. To prove a case of disparate treatment under Title VII, the plaintiff bears the burden of persuading the trier of fact that her employer intended to discriminate against her. In other words, to be liable in a disparate treatment case, the employer has to specifically intend to treat the plaintiff differently based, for example, on her sex. If …


Taxation Of Punitive Damages Obtained In A Personal Injury Claim, Douglas A. Kahn Jan 1994

Taxation Of Punitive Damages Obtained In A Personal Injury Claim, Douglas A. Kahn

Articles

The author explains that in recent court opinions and commentaries concerning whether punitive damages are taxable, considerable weight has been given to a negative inference that appears to lurk in a 1989 amendment to the relevant code provision, section 104(a)(2). To the contrary, he argues, the legislative history of that amendment and the form that the bill had when it was reported out of the Conference Committee establish beyond doubt that no such inference is warranted.


Section 1983 In The Second Circuit, Martin A. Schwartz Jan 1994

Section 1983 In The Second Circuit, Martin A. Schwartz

Scholarly Works

No abstract provided.


Punitive Damages In Arbitration: Contracting Out Of Governments Role In Punishment And Federal Preemption Of State Law, Stephen Ware Dec 1993

Punitive Damages In Arbitration: Contracting Out Of Governments Role In Punishment And Federal Preemption Of State Law, Stephen Ware

Stephen Ware

A contractualist approach to the question of whether arbitrators may award punitive damages. Addresses choice-of-law clauses and constitutional issues.