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The Social Costs of Punitive Damages Against Corporations in Environmental and Safety Torts
(Georgetown Law Journal, 1998)
Legal scholars and judges have long expressed concerns over the unpredictability and arbitrariness of punitive damages awards. Proposed remedies, such as restricting punitive damages to narrowly defined circumstances, have ...
Why There is No Defense of Punitive Damages
(The Georgetown Law Journal, 1998)
My analysis of punitive damages in environmental and products liability cases concludes that these awards impose substantial costs on society, and that abolishing punitive damages would improve social welfare. The two ...