Add to ORKGHistorically, punitive damage awards and criminal sentences have shared the common justifications of punishment and deterrence, with the culpability of tortfeasors and criminals alike being enhanced as a result of repeat misconduct. The Supreme Court’s 2003 decision in State Farm v. Campbell suggests, however, that the parallels now in effect stop at the state line. The extraterritorial misconduct of tortfeasors is permitted to play a very limited role, if any, in the assessment of punitive damage awards. Meanwhile, such misconduct continues to be used by courts to significantly enhance the sentences of criminal defendants, an asymmetry accentuated by California v. Ewing, also decided in 2003, where the Court upheld the nation\u27s most dra...
The practice of using punitive damages to punish a tort defendant, in a single case brought by a sin...
As we move to a global environment, more consideration needs to be given to issues of jurisdiction. ...
Over and over again during the past few decades, the federal government has launched ambitious inter...
Historically, punitive damage awards and criminal sentences have shared the common justifications of...
Recent years have seen a rapidly accelerating tendency for the government to punish antisocial behav...
Across the U.S., there was an explosion of severity in nearly every form of governmental response to...
In light of increasing punitive damages awards, the United States Supreme Court formulated criteria ...
Criminal restitution is a standard part of sentencing. As criminal restitution obligations have beco...
Increasingly, courts must decide whether U.S. law applies extraterritorially. Courts largely resolve...
The criminal law\u27s formal criteria for assessing punishment are typically contained in criminal c...
There has been a remarkable increase during the last decade in the imposition of overlapping civil, ...
There has been a remarkable increase during the last decade in the imposition of overlapping civil, ...
For over twenty-five years, the Armed Career Criminal Act has produced inconsistent results and has ...
In State Farm v. Campbell, the U.S. Supreme Court held that the punitive damages awarded in a partic...
This Article addresses the timely and controversial topic of constitutional limits on punitive damag...
The practice of using punitive damages to punish a tort defendant, in a single case brought by a sin...
As we move to a global environment, more consideration needs to be given to issues of jurisdiction. ...
Over and over again during the past few decades, the federal government has launched ambitious inter...
Historically, punitive damage awards and criminal sentences have shared the common justifications of...
Recent years have seen a rapidly accelerating tendency for the government to punish antisocial behav...
Across the U.S., there was an explosion of severity in nearly every form of governmental response to...
In light of increasing punitive damages awards, the United States Supreme Court formulated criteria ...
Criminal restitution is a standard part of sentencing. As criminal restitution obligations have beco...
Increasingly, courts must decide whether U.S. law applies extraterritorially. Courts largely resolve...
The criminal law\u27s formal criteria for assessing punishment are typically contained in criminal c...
There has been a remarkable increase during the last decade in the imposition of overlapping civil, ...
There has been a remarkable increase during the last decade in the imposition of overlapping civil, ...
For over twenty-five years, the Armed Career Criminal Act has produced inconsistent results and has ...
In State Farm v. Campbell, the U.S. Supreme Court held that the punitive damages awarded in a partic...
This Article addresses the timely and controversial topic of constitutional limits on punitive damag...
The practice of using punitive damages to punish a tort defendant, in a single case brought by a sin...
As we move to a global environment, more consideration needs to be given to issues of jurisdiction. ...
Over and over again during the past few decades, the federal government has launched ambitious inter...