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Legal Commentary

: Prawfs

Retributive Damages: Some Constitutional Analysis

By Dan Markel, Ethan Leib, Rick Garnett, Matt Bodie, Paul Horwitz , Steve Vladeck, and Orly Lobel

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In earlier posts gathered here, I laid out the Introduction and some relevant background regarding punitive damages law, recent scholarship, and retributive justice. Subsequent posts addressed: which misconduct should be the subject of retributive damages and whether non-victims of wrongdoing should be empowered to bring claims for retributive damages (and if so, under what restrictions); how to bring rationality and fairness to determining the amount of retributive damages; and how to allocate read more

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Full post as published by Prawfs on March 27, 2008 (boomark / email).

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