A Plea to Reject the United States Supreme Court's Due-Process Review of Punitive Damages
Washington and Lee University - School of Law
THE LAW OF REMEDIES: NEW DIRECTIONS IN THE COMMON LAW, Jeff Berryman, Rick Bigwood, eds., Toronto: Irwin Law, 2008
Washington & Lee Legal Studies Paper No. 2011-14
Because the audience and readers of this piece are not United States lawyers, I supply background and I paint with a broad brush. In short, the United States Supreme Court's use of the Due Process Clause for judicial tort reform of punitive damages was a serious mistake. On the nebulous due-process foundation, the Court built imprecise yet wrongheaded doctrine based on misguided policy justifications. Other common-law countries ought to learn from our blunders, above all not to repeat them.
I wrote this for the Second International Symposium on the Law of Remedies sponsored by the University of Windsor and the University of Auckland. The Symposium was in Auckland, New Zealand, in November 2007. It will be published in 2008 in a book titled The Law of Remedies: New Directions in the Common Law edited by Jeff Berryman and Rick Bigwood. The footnotes are in Canadian, not Bluebook, form.
Number of Pages in PDF File: 14
Date posted: June 16, 2008