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The Foggy Road For Evaluating Punitive Damages: Lifting The Haze From The Bmw/State Farm Guideposts, Steven L. Chanenson, John Y. Gotanda
The Foggy Road For Evaluating Punitive Damages: Lifting The Haze From The Bmw/State Farm Guideposts, Steven L. Chanenson, John Y. Gotanda
University of Michigan Journal of Law Reform
In this Article, Professors Chanenson and Gotanda propose that courts treat comparable maximum criminal or civil legislative fines as a presumptive due process limit on punitive damage awards. The Article reviews the manner in which courts have implemented the three-guidepost framework for constitutional review of punitive awards laid out by the Supreme Court in BMW of North America, Inc. v. Gore and in State Farm Mutual Automobile Insurance Co. v. Campbell. Finding that courts have struggled to articulate a coherent rationale and methodology for review of such awards, the authors propose a greater reliance on the third guidepost of …
The Impact Of Recent U.S. Supreme Court Punitive Damages Jurisprudence On Oklahoma's Punitive Damages Statute And Jury Instructions, Andrew C. Jayne
The Impact Of Recent U.S. Supreme Court Punitive Damages Jurisprudence On Oklahoma's Punitive Damages Statute And Jury Instructions, Andrew C. Jayne
Oklahoma Law Review
No abstract provided.