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- Title
Damaged Goods: Why, In Light of the Supreme Court's Recent Punitive Damages Jurisprudence, Congress Must Amend the Federal Rules of Evidence.
- Authors
Vitale, Michael S.
- Abstract
The article focuses on the balancing of the competing ideals of punishing and deterring harmful conduct and minimizing the risk of arbitrary deprivations of property in the Due Process Clause of the Fourteenth Amendment to the Constitution of the United States. Many commentators believe that punitive damages awards are still so rare that this should not pose a concern. But some others believe that an even more pressing threat is the havoc that expectations of punitive damages awards can wreak on settlement negotiations. Because of these worries, many commentators have suggested imposing additional constraints to reduce the risk of excessive punitive damages rendered by juries, or alternatively, to make such awards easier to strike down once they are rendered.
- Subjects
UNITED States; CONSTITUTIONS; EXEMPLARY damages; PUNISHMENT; DUE process of law; JURY
- Publication
Vanderbilt Law Review, 2005, Vol 58, Issue 4, p1405
- ISSN
0042-2533
- Publication type
Article