Punitive Damages Awards: The Courts' Role, and Limitations of Review

10 Pages Posted: 27 Oct 2009

See all articles by Margo E. K. Reder

Margo E. K. Reder

Boston College - Carroll School of Management

Date Written: October 27, 1994

Abstract

This article addresses the contentious challenges that have arisen over punitive damages awards. Business interests assert that such awards violate the 14th Amendment due process clause, and even, inventively, the Eighth Amendment's excessive fines clause. While the Supreme Court has displayed an abiding interest in punitive damages, and in particular whether there should be any relation to the size of such awards to the demonstrated harm, the Court has yet to articulate a theorem for evaluating the constitutionality of such awards.

Suggested Citation

Reder, Margo E. K., Punitive Damages Awards: The Courts' Role, and Limitations of Review (October 27, 1994). Business Law Review, Vol. 27, pp. 59-68, 1994. Available at SSRN: https://ssrn.com/abstract=1495109

Margo E. K. Reder (Contact Author)

Boston College - Carroll School of Management ( email )

140 Commonwealth Avenue
Chestnut Hill, MA 02467
United States
617.552.0410 (Phone)

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