Loewen v. United States: Trials and Errors Under NAFTA Chapter Eleven
16 Pages Posted: 23 Dec 2015
Date Written: 2002
There have been many efforts to reform the American civil justice system, stretching back more than thirty years. During the past decade, the United States Supreme Court has begun to play a more active role, using the Due Process Clause to impose both substantive and procedural limitations on punitive damages. The Loewen case, a claim filed against the United States under Chapter 11 of the North American Free Trade Agreement (NAFTA), raises another possibility: using international tribunals to correct errors in civil trials.
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