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Legal Remedies Commons

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Articles 1 - 9 of 9

Full-Text Articles in Legal Remedies

Capping Incentives, Capping Innovation, Courting Disaster: The Gulf Oil Spill And Arbitrary Limits On Civil Liability, Andrew F. Popper Jan 2011

Capping Incentives, Capping Innovation, Courting Disaster: The Gulf Oil Spill And Arbitrary Limits On Civil Liability, Andrew F. Popper

Articles in Law Reviews & Other Academic Journals

Limiting liability by establishing an arbitrary cap on civil damages is bad public policy. Caps are antithetical to the interests of consumers and at odds with the national interest in creating incentives for better and safer products. Whether the caps are on non-economic loss, punitive damages, or set for specific activity, they undermine the civil justice system, deceiving juries and denying just and reasonable compensation for victims in a broad range of fields.

This Article postulates that capped liability on damages for offshore oil spills may well have been an instrumental factor contributing to the recent Deepwater Horizon catastrophe in …


Punitive Damages And Regulated Products, Teresa Moran Schwartz Jan 1993

Punitive Damages And Regulated Products, Teresa Moran Schwartz

American University Law Review

No abstract provided.


Poetic Justice: Punitive Damages And Legal Pluralism, Marc Galanter, David Luban Jan 1993

Poetic Justice: Punitive Damages And Legal Pluralism, Marc Galanter, David Luban

American University Law Review

No abstract provided.


The Historical Continuity Of Punitive Damages Awards: Reforming The Tort Reformers, Michael Rustad, Thomas Koenig Jan 1993

The Historical Continuity Of Punitive Damages Awards: Reforming The Tort Reformers, Michael Rustad, Thomas Koenig

American University Law Review

No abstract provided.


Punitive Damages Reform-State Legislatures Can And Should Meet The Challenge Issued By The Supreme Court Of The United States In Haslip, Victor F. Schwartz, Mark A. Behrens Jan 1993

Punitive Damages Reform-State Legislatures Can And Should Meet The Challenge Issued By The Supreme Court Of The United States In Haslip, Victor F. Schwartz, Mark A. Behrens

American University Law Review

No abstract provided.


Punitive Damages And Regulated Products, Teresa Moran Schwartz Jan 1993

Punitive Damages And Regulated Products, Teresa Moran Schwartz

American University Law Review

No abstract provided.


Poetic Justice: Punitive Damages And Legal Pluralism, Marc Galanter, David Luban Jan 1993

Poetic Justice: Punitive Damages And Legal Pluralism, Marc Galanter, David Luban

American University Law Review

No abstract provided.


Punitive Damages Reform-State Legislatures Can And Should Meet The Challenge Issued By The Supreme Court Of The United States In Haslip, Victor F. Schwartz, Mark A. Behrens Jan 1993

Punitive Damages Reform-State Legislatures Can And Should Meet The Challenge Issued By The Supreme Court Of The United States In Haslip, Victor F. Schwartz, Mark A. Behrens

American University Law Review

No abstract provided.


The Historical Continuity Of Punitive Damages Awards: Reforming The Tort Reformers, Michael Rustad, Thomas Koenig Jan 1993

The Historical Continuity Of Punitive Damages Awards: Reforming The Tort Reformers, Michael Rustad, Thomas Koenig

American University Law Review

No abstract provided.