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The Changing Landscape of Blockbuster Punitive Damages Awards
(American Law and Economics Review, 2009)
This article investigates the determinants of the blockbuster punitive damages awards of at least $100 million. As of the end of 2008, there had been 100 such awards with an average value of $3.0 billion. The U.S. Supreme ...
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 ...
Punitive Damages by Numbers: Exxon Shipping Co. v. Baker
(Supreme Court Economic Review, 2010)
The U.S. Supreme Court decision in Exxon Shipping Co. v. Baker is a landmark that establishes an upper bound ratio of punitive damages to compensatory damages of 1:1 for maritime cases, with potential implications for other ...
Saving Lives Through Punitive Damages
(Southern California Law Review, 2010)
This Article proposes that the value of statistical life ("VSL ") be used to set the total damages amount needed for deterrence when punitive damages are warranted in wrongful death cases. The appropriate level of total ...
The Blockbuster Punitive Damages Awards
(Emory Law Journal, 2004)
This paper provides an analysis of sixty-four punitive damages awards of at least $100 million. Based on an inventory of these cases, there is evidence that these blockbuster awards are highly concentrated geographically, ...
The Challenge of Punitive Damages Mathematics
(The Journal of Legal Studies, 2001)
Proposals to provide juries with specific numerical instructions for setting punitive damages should bring greater rationality to punitive damages awards. This approach is tested using evidence from 353 jury-eligible ...
Punitive Damages: How Jurors Fail to Promote Efficiency
(Harvard Journal on Legislation, 2002)
Evidence of corporate risk-cost balancing often leads to inefficient punitive damages awards, suggesting that jurors fail to base their decision making on principles of economic efficiency. In this Article, Professor Viscusi ...
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 ...