•  
  •  
 

Document Type

Article

Media Type

Text

Abstract

Punitive damages have traditionally been a matter of state law, left to state courts and legislatures to review and regulate. But in the midst of the tort reform movement of the 1990s, the United States Supreme Court took sides in the policy debate, fashioning a novel substantive due process right limiting punitive damage awards and suppressing the power of juries to punish and deter egregious conduct. This article traces the evolution of the federalization of punitive damages based on questionable authority, criticizes the Supreme Court's intrusion into an area of state law, demonstrates how Supreme Court precedent has been misapplied by lower courts, and suggests a methodology for practitioners to withstand a constitutional due process challenge to the size of a punitive damage award.

First Page

537

Last Page

557

Publication Date

7-1-2008

Department

Other

ISSN

0734-1490

Language

eng

Publisher

Northern Illinois University Law Review

Included in

Law Commons

Share

COinS
 
 

To view the content in your browser, please download Adobe Reader or, alternately,
you may Download the file to your hard drive.

NOTE: The latest versions of Adobe Reader do not support viewing PDF files within Firefox on Mac OS and if you are using a modern (Intel) Mac, there is no official plugin for viewing PDF files within the browser window.