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- Title
NECESSARY PROTECTION: AN EXAMINATION OF THE STATE FARM V. CAMPBELL STANDARDS TEST AND WHY ECONOMICALLY EFFICIENT RULES DO NOT WORK AT THE INTERSECTION BETWEEN DUE PROCESS AND PUNITIVE DAMAGES.
- Authors
Thomas, Daniel F.
- Abstract
The article examines the application of the Due Process Clause of the Fourteenth Amendment by the U.S. Supreme Court in 2003 to place substantive limitations on punitive damages awards in civil cases. It discusses the elements and purpose of both the due process clause and punitive damages awards. It recalls the Supreme Court cases leading up to Bayerische Motoren Werke (BMW) of North America Inc. versus Gore in which the Court presented its guidelines for examining punitive damages awards.
- Subjects
UNITED States; DUE process of law; UNITED States. Constitution. 14th Amendment; UNITED States. Supreme Court; EXEMPLARY damages; BMW of North America Inc. v. Gore
- Publication
Albany Law Review, 2006, Vol 70, Issue 1, p367
- ISSN
0002-4678
- Publication type
Article