Reconciling Experimental Incoherence with Real-World Coherence in Punitive Damages

Environmental Citizen Suits with Pigovian Punitive Damages

Federal environmental laws encourage private citizens to act like "private attorney generals" and to sue a firm. This citizen group competes over the rewards of levels of regulation and enforcement. The firm can reduce its output to curtail the likelihood of losing the contest. This paper explores whether one can combine citizen suits with Pigovian punitive damages to equate private and social ...

Do Punitive Damages Promote Deterrence?

The paper explores the deterrent effect of punitive damages when capital investment is endogenous to the legal rule. Irrespective of the level of damages, firms can reduce their expected liabilities by either increasing safety (the law’s intended goal) or reducing wealth exposed to liability. We show that punitive damages can exacerbate this wealth reduction effect and thereby reduce deterrence...

Punitive Damages and Valuing Harm

punitive damages in international law

punitive damages are not compensation for injury and is levied to punish reprehensible conduct of defendant and to deter its future occurrence. common law is the base of this approach. according to the u.k. house of lords, there are some restrictions in levying this kind of damage. these restrictions have been fully respected by the courts of all the commonwealth states except australia and the...

Punitive Damages and Private Ordering Fetishism

Let me begin with some words of warm thanks, first to Professors Michael Krauss and David Owen for engaging my work with attention and interest and, second, to the editors at PENNumbra, for soliciting my reactions. This Reply’s principal goal is to clarify some areas in which I think Professors Krauss and Owen misunderstood some aspects of my proposed framework for restructuring punitive damage...