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We have long accepted that punitive damages are an appropriate mechanism by which to control corporate misconduct and ensure that the goods and services provided to the community by corporations are not overly harmful to society.
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papers.ssrn.com/sol3/papers.cfm?abstract_id=926188
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A. The Goals of Punitive Damages ... Constraints on Punitive Damages ... Assessing punitive damages (with notes on cognition and valuation in law).
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www.questia.com/PM.qst?a=o&se=gglsc&d=5001346588
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Assessing Punitive Damages (with Notes on. Cognition and Valuation in Law). Cass R. Sunstein,t Daniel Kahneman,tt and David Schkadettt. CONTENTS ...
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www.jstor.org/stable/797417
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behaved.101 The process of assessing punitive damages has two stages. 1. Threshold Culpability. - Any assessment of punitive damages re- ...
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www.jstor.org/stable/1122860
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There are two basic approaches to assessing punitive damages on firms to advance the objective of punishment. The first approach is to punish the firm as if it were an individual whether or not the blameworthy individuals in the firm are punished.
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www.lawsonline.net/directories/ew/economics/Econometric...
www.lawsonline.net/directories/ew/economics/Econometrics/economics.html
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Pp. 10–15. 3. The punitive damages award against Exxon was excessive as amatter of maritime common law. In the circumstances of this case, the award should be limited to an amount equal ... The Court considers three approaches, one verbal and two quantitative, to arrive at a standard for assessing maritime punitivedamages.
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www.supremecourtus.gov/opinions/07pdf/07-219.pdf
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Finally, the Court finds no authority tosupport using punitive damages awards to punish a defendant for harming others. BMW, supra, at 568, n.11, distinguished. Respondent argues that showing harm to others is relevant to a different part of the punitive damages constitutional equation, namely, reprehensibility.
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www.supremecourtus.gov/opinions/06pdf/05-1256.pdf
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Sunstein, Kahneman, & Schkade, Assessing Punitive Damages (with Notes on Cognition and Valuation in Law), 107 Yale L. J. 2071 (1998). Because this research was funded in part by Exxon, we decline to rely on it.
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www.concurringopinions.com/archives/2008/06/capture_aca...
www.concurringopinions.com/archives/2008/06/capture_academi.html
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ASSESSING PUNITIVE DAMAGES 9 about punishment, subject to guidelines and constraints. If juries cannot consistently or sensibly " map" their judgments onto an unbounded dollar scale, might it follow that judges, rather than juries, should be making decisions about punitive awards?
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www.law.uchicago.edu/files/files/50.sunstein.pdf
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