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Legal Remedies Commons

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Full-Text Articles in Legal Remedies

Uncle Sam And The Partitioning Punitive Problem: A Federal Split-Recovery Statute Or A Federal Tax?, Skyler M. Sanders Apr 2013

Uncle Sam And The Partitioning Punitive Problem: A Federal Split-Recovery Statute Or A Federal Tax?, Skyler M. Sanders

Pepperdine Law Review

It is no secret that the doctrine of punitive damages has had a storied past in American jurisprudence, yet it has remained an integral part of both federal and state courts throughout the country. Most, if not all, attempts to restrict punitive damage awards have failed due to the over-inclusive or under-inclusive nature of the remedial measures; however, split-recovery statutes—another punitive damage regulatory tool—have been touted as striking a proper balance between limiting plaintiff windfalls while still punishing and deterring defendants. Even so, such statutes have been meet with vigorous constitutional criticism and fail to curtail punitive damage awards for …


Intramilitary Tort Immunity: A Constitutional Justification , Kevin M. Fillo Jan 2013

Intramilitary Tort Immunity: A Constitutional Justification , Kevin M. Fillo

Pepperdine Law Review

No abstract provided.


United States V. Kozminski: On The Threshold Of Involuntary Servitude , Kenneth T. Koonce Jr. Jan 2013

United States V. Kozminski: On The Threshold Of Involuntary Servitude , Kenneth T. Koonce Jr.

Pepperdine Law Review

No abstract provided.


States Escape Liability For Copyright Infringement?, Michelle V. Francis Jan 2013

States Escape Liability For Copyright Infringement?, Michelle V. Francis

Pepperdine Law Review

No abstract provided.


Constitutional Restraints On The Doctrine Of Punitive Damages, Theodore B. Olson, Theodore J. Boutrous Jr. Jan 2013

Constitutional Restraints On The Doctrine Of Punitive Damages, Theodore B. Olson, Theodore J. Boutrous Jr.

Pepperdine Law Review

No abstract provided.