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Author : Lotte Meurkens,Emily Nordin
Publisher : Unknown
Page : 0 pages
File Size : 50,8 Mb
Release : 2012
Category : Exemplary damages
ISBN : 1780680473
"In November 2010, the Ius Commune Research School devoted the Liability and Insurance workshop on its annual conference to the "Power of Punitive Damages" "--Back cover.
Author : John J. Kircher,Christine M. Wiseman
Publisher : Unknown
Page : 1832 pages
File Size : 52,7 Mb
Release : 2000
Category : Exemplary damages
ISBN : STANFORD:36105060196321
Author : Linda L. Schlueter,Kenneth Robert Redden
Publisher : Michie
Page : 784 pages
File Size : 53,6 Mb
Release : 1995
Category : Exemplary damages
ISBN : STANFORD:36105060568354
Author : Kenneth Robert Redden,George Albert Bates
Publisher : MICHIE
Page : 580 pages
File Size : 42,8 Mb
Release : 1980
Category : Damages
ISBN : UCAL:B4307561
Author : Cass R. Sunstein,Reid Hastie,John W. Payne,David A. Schkade,W. Kip Viscusi
Publisher : University of Chicago Press
Page : 299 pages
File Size : 55,6 Mb
Release : 2008-12-19
Category : Law
ISBN : 9780226780160
Over the past two decades, the United States has seen a dramatic increase in the number and magnitude of punitive damages verdicts rendered by juries in civil trials. Probably the most extraordinary example is the July 2000 award of $144.8 billion in the Florida class action lawsuit brought against cigarette manufacturers. Or consider two recent verdicts against the auto manufacturer BMW in Alabama. In identical cases, argued in the same court before the same judge, one jury awarded $4 million in punitive damages, while the other awarded no punitive damages at all. In cases involving accidents, civil rights, and the environment, multimillion-dollar punitive awards have been a subject of intense controversy. But how do juries actually make decisions about punitive damages? To find out, the authors-experts in psychology, economics, and the law-present the results of controlled experiments with more than 600 mock juries involving the responses of more than 8,000 jury-eligible citizens. Although juries tended to agree in their moral judgments about the defendant's conduct, they rendered erratic and unpredictable dollar awards. The experiments also showed that instead of moderating juror verdicts, the process of jury deliberation produced a striking "severity shift" toward ever-higher awards. Jurors also tended to ignore instructions from the judges; were influenced by whatever amount the plaintiff happened to request; showed "hindsight bias," believing that what happened should have been foreseen; and penalized corporations that had based their decisions on careful cost-benefit analyses. While judges made many of the same errors, they performed better in some areas, suggesting that judges (or other specialists) may be better equipped than juries to decide punitive damages. Using a wealth of new experimental data, and offering a host of provocative findings, this book documents a wide range of systematic biases in jury behavior. It will be indispensable for anyone interested not only in punitive damages, but also jury behavior, psychology, and how people think about punishment.
Author : Ernest J. Weinrib
Publisher : OUP Oxford
Page : 368 pages
File Size : 42,8 Mb
Release : 2012-09-20
Category : Law
ISBN : 9780191636387
Private law governs our most pervasive relationships with other people: the wrongs we do to one another, the property we own and exclude from others' use, the contracts we make and break, and the benefits realized at another's expense that we cannot justly retain. The major rules of private law are well known, but how they are organized, explained, and justified is a matter of fierce debate by lawyers, economists, and philosophers. Ernest Weinrib made a seminal contribution to the understanding of private law with his first book, The Idea of Private Law. In it, he argued that there is a special morality intrinsic to private law: the morality of corrective justice. By understanding the nature of corrective justice we understand the purpose of private law - which is simply to be private law. In this book Weinrib takes up and develops his account of corrective justice, its nature, and its role in understanding the law. He begins by setting out the conceptual components of corrective justice, drawing a model of a moral relationship between two equals and the rights and duties that exist between them. He then explains the significance of corrective justice for various legal contexts: for the grounds of liability in negligence, contract, and unjust enrichment; for the relationship between right and remedy; for legal education; for the comparative understanding of private law; and for the compatibility of corrective justice with state support for the poor. Combining legal and philosophical analysis, Corrective Justice integrates a concrete and wide-ranging treatment of legal doctrine with a unitary and comprehensive set of theoretical ideas. Alongside the revised edition of The Idea of Private Law, it is essential reading for all academics, lawyers, and students engaged in understanding the foundations of private law.
Author : C. Bradford Biddle,Jorge L. Contreras,Norman V. Siebrasse,Brian J. Love
Publisher : Cambridge University Press
Page : 379 pages
File Size : 41,5 Mb
Release : 2019-06-27
Category : Business & Economics
ISBN : 9781108426756
Through a collaboration among twenty legal scholars from North America, Europe and Asia, this book presents an international consensus on the use of patent remedies for complex products such as smartphones, computer networks, and the Internet of Things. This title is also available as Open Access on Cambridge Core.
Author : Steven Shavell
Publisher : Harvard University Press
Page : 324 pages
File Size : 54,7 Mb
Release : 2009-06-30
Category : Law
ISBN : 0674043510
Accident law, if properly designed, is capable of reducing the incidence of mishaps by making people act more cautiously. Scholarly writing on this branch of law traditionally has been concerned with examining the law for consistency with felt notions of right and duty. Since the 1960s, however, a group of legal scholars and economists have focused on identifying the effects of accident law on people's behavior. Steven Shavell's book is the definitive synthesis of research to date in this new field.
Author : Carol J. DeFrances
Publisher : Unknown
Page : 16 pages
File Size : 53,5 Mb
Release : 1995
Category : Actions and defenses
ISBN : IND:30000044947681
Author : Marc De Vos,Philippe Culliford
Publisher : Unknown
Page : 0 pages
File Size : 50,8 Mb
Release : 2014
Category : Antologier
ISBN : 1780682298
Gender quotas for company boards are becoming a totemic issue of gender diversity policy in today's labor market. Throughout the Western world, many countries are experimenting with compulsory gender diversity measures for board rooms. The EU, as a whole, is considering to make such quotas obligatory. This book analyzes the EU proposal and brings together the experiences of countries that have, to various degrees, taken the road towards formalizing gender balance in the board room. It offers a critical context to these evolutions by testing the presumptions of the quotas drive on two key fronts: their relation to corporate governance and their compatibility with non-discrimination law. As the gender composition of company boards is gaining widespread attention, the book offers a timely analysis, as well as useful perspectives, that will inform both proponents and opponents. Blending disciplines, as well as countries, the book will appeal to anyone with a professional interest in the topic, in particular lawyers, management consultants, and policy makers.
Author : Lotte Meurkens,Renée Charlotte Meurkens,Ton Hartlief
Publisher : Unknown
Page : 457 pages
File Size : 44,7 Mb
Release : 2014
Category : Electronic
ISBN : 9013126952
Author : James Goudkamp,Eleni Katsampouka
Publisher : Bloomsbury Publishing
Page : 421 pages
File Size : 42,9 Mb
Release : 2023-12-28
Category : Law
ISBN : 9781509967018
Punitive damages are private law's most controversial remedy. This book traces the development of the jurisdiction from the foundational decisions of Huckle v Money and Wilkes v Wood in England, to leading modern cases such as Harris v Digital Pulse Pty Ltd in Australia, Whiten v Pilot Insurance Co in Canada, Couch v AG (No 2) in New Zealand, PH Hydraulics and Engineering Pte Ltd v Airtrust (Hong Kong) Ltd in Singapore and Mathias v Accor Economy Lodging, Inc and State Farm Mutual Automobile Insurance Co v Campbell in the United States. Many of the decisions addressed are not only landmarks regarding punitive damages but are among the most important judgments delivered in private law more generally. The essays, which are written by leading scholars from a wide range of jurisdictions, cast new light on the cases covered. They do so by examining their historical antecedents and the impact that they have had on the development of the law. The full spectrum of issues regarding punitive damages is addressed including the insurability of punishment, constitutional constraints on the remedy's availability and whether the award should be confined to particular causes of action. The collection will be of interest to all scholars and students of private law. It concentrates on common law cases although civilian perspectives, drawn from France and Germany, are also offered.
Author : Jules L. Coleman
Publisher : CUP Archive
Page : 532 pages
File Size : 43,9 Mb
Release : 1992-11-27
Category : Business & Economics
ISBN : 0521428610
Jules Coleman discusses the conflict between the goals of justice and economic efficiency in the allocation of risk, especially risk pertaining to safety.
Author : Helmut P. Aust,Esra Demir-Gürsel
Publisher : Edward Elgar Publishing
Page : 296 pages
File Size : 50,5 Mb
Release : 2021-04-30
Category : Law
ISBN : 9781839108341
This insightful book considers how the European Court of Human Rights (ECHR) is faced with numerous challenges which emanate from authoritarian and populist tendencies arising across its member states. It argues that it is now time to reassess how the ECHR responds to such challenges to the protection of human rights in the light of its historical origins.
Author : Harvey McGregor
Publisher : Unknown
Page : 160 pages
File Size : 45,7 Mb
Release : 2001
Category : Damages
ISBN : 0421741902
The 16th edition of McGregor on Damages maintains the standards of its forebears and provides an authoritative text on common law damages. Det ailed consideration is given to all relevant points of law and practice relating to the manifold aspects of the subject. The second supplement includes the many changes in this area of law since publication of the previous edition in 1988 such as: the decisions of the Court of Appeal and House of Lords in the recent BBL litigation, developments in exemplary damages, and the appropriate discount rate for multipliers in personal injury cases.