Exxon Valdez 18 Years and Counting

Exxon Valdez 18 Years and Counting
Author: Kellie Kvasnikoff
Publisher: Lulu.com
Total Pages: 234
Release: 2007
Genre: History
ISBN: 1430322837

Exxon Valdez 18 Years And Counting is a legal explanation of the case and a resource for the public to better understand the attitude Exxon maintains towards people and the environment. Kellie Kvasnikoff wrote Exxon Valdez 18 Years And Counting to help others understand the pain, loss, offensiveness, and nauseating effects this legal case has brought the plaintiff's of the Exxon Valdez Oil Spill and to give a view from a Native perspective of the loss to his native culture.When a company becomes so big that they can flaunt the laws, buy science, manufacture evidence, and manipulate expert witness testimony, and when fines and litigation are not a deterrent to bad business practices, then governments can't protect its people."The firm basis of government is justice, not pity." -Woodrow Wilson"The health of the people is really the foundation upon which all their happiness and all their powers as a state depend." -Benjamin Disraeli

Not One Drop

Not One Drop
Author: Riki Ott
Publisher: Chelsea Green Publishing Company
Total Pages: 372
Release: 2008
Genre: Alaska
ISBN:

Betrayed by oilmen’s promises in the 1970s, the people of Prince William Sound, Alaska, awaken on March 14, 1989, to the nation’s largest oil spill. Not One Drop is an extraordinary tale of ordinary lives ripped apart by disaster and of community healing through building relationships of trust. This story offers critical lessons for a society traumatized by political divides and facing the looming catastrophe of global climate change. Author Riki Ott, a rare combination of commercial salmon “fisherm’am” and PhD marine biologist, describes firsthand the impacts of oil companies’ broken promises when the Exxon Valdez spills most of its cargo and despoils thousands of miles of shore. Ott illustrates in stirring fashion the oil industry’s 20-year trail of pollution and deception that predated the tragic 1989 spill and delves deep into the disruption to the fishing community of Cordova over the following 19 years. In vivid detail, she describes the human trauma coupled inextricably with that of the sound’s wildlife and its long road to recovery. Ott critically examines shifts in scientific understanding of oil-spill effects on ecosystems and communities, exposes fundamental flaws in governance and the legal system, and contrasts hard won spill-prevention and spill-response measures in the sound to dangerous conditions on the Alaska pipeline. Her human story, varied background, professional training, and activist heart lead readers to the root of the problem: a clash of human rights and corporate power embedded in law and small-town life. Not One Drop is as much an example of how too many corporate owners and political leaders betray everyday citizens as it is one of the universal struggle to maintain heart, to find the courage to overcome disaster, and to forge a new path from despair to hope.

The Changing Landscape of Blockbuster Punitive Damages Awards

The Changing Landscape of Blockbuster Punitive Damages Awards
Author: Alison F. Del Rossi
Publisher:
Total Pages: 0
Release: 2012
Genre:
ISBN:

This article investigates the determinants of the blockbuster punitive damages awards of at least $100 million. As of the end of 2008, there had been 100 such awards with an average value of $3.0 billion. The U.S. Supreme Court decision in State Farm v. Campbell suggested a single digit upper bound on the punitive damages/compensatory damages ratio, which reduced the annual number of blockbuster awards, the total annual value of blockbuster awards, and the punitive damages/compensatory damages ratio. Applying the 1:1 ratio from Exxon Shipping Co. et al. v. Baker et al. broadly would eliminate most of the blockbuster awards.

Decision Making by the Modern Supreme Court

Decision Making by the Modern Supreme Court
Author: Richard L. Pacelle, Jr
Publisher: Cambridge University Press
Total Pages: 279
Release: 2011-06-13
Genre: Political Science
ISBN: 1139498797

There are three general models of Supreme Court decision making: the legal model, the attitudinal model and the strategic model. But each is somewhat incomplete. This book advances an integrated model of Supreme Court decision making that incorporates variables from each of the three models. In examining the modern Supreme Court, since Brown v. Board of Education, the book argues that decisions are a function of the sincere preferences of the justices, the nature of precedent, and the development of the particular issue, as well as separation of powers and the potential constraints posed by the president and Congress. To test this model, the authors examine all full, signed civil liberties and economic cases decisions in the 1953–2000 period. Decision Making by the Modern Supreme Court argues, and the results confirm, that judicial decision making is more nuanced than the attitudinal or legal models have argued in the past.

Punitive Damages

Punitive Damages
Author: Cass R. Sunstein
Publisher: University of Chicago Press
Total Pages: 299
Release: 2008-12-19
Genre: Law
ISBN: 0226780163

Over the past two decades, the United States has seen a dramatic increase in the number and magnitude of punitive damages verdicts rendered by juries in civil trials. Probably the most extraordinary example is the July 2000 award of $144.8 billion in the Florida class action lawsuit brought against cigarette manufacturers. Or consider two recent verdicts against the auto manufacturer BMW in Alabama. In identical cases, argued in the same court before the same judge, one jury awarded $4 million in punitive damages, while the other awarded no punitive damages at all. In cases involving accidents, civil rights, and the environment, multimillion-dollar punitive awards have been a subject of intense controversy. But how do juries actually make decisions about punitive damages? To find out, the authors-experts in psychology, economics, and the law-present the results of controlled experiments with more than 600 mock juries involving the responses of more than 8,000 jury-eligible citizens. Although juries tended to agree in their moral judgments about the defendant's conduct, they rendered erratic and unpredictable dollar awards. The experiments also showed that instead of moderating juror verdicts, the process of jury deliberation produced a striking "severity shift" toward ever-higher awards. Jurors also tended to ignore instructions from the judges; were influenced by whatever amount the plaintiff happened to request; showed "hindsight bias," believing that what happened should have been foreseen; and penalized corporations that had based their decisions on careful cost-benefit analyses. While judges made many of the same errors, they performed better in some areas, suggesting that judges (or other specialists) may be better equipped than juries to decide punitive damages. Using a wealth of new experimental data, and offering a host of provocative findings, this book documents a wide range of systematic biases in jury behavior. It will be indispensable for anyone interested not only in punitive damages, but also jury behavior, psychology, and how people think about punishment.

The Law Is a White Dog - How Legal Rituals Make and Unmake Persons

The Law Is a White Dog - How Legal Rituals Make and Unmake Persons
Author: Colin Dayan
Publisher: Princeton University Press
Total Pages: 364
Release: 2013-03-03
Genre: Law
ISBN: 0691157871

A fascinating account of how the law determines or dismantles identity and personhood Abused dogs, prisoners tortured in Guantánamo and supermax facilities, or slaves killed by the state—all are deprived of personhood through legal acts. Such deprivations have recurred throughout history, and the law sustains these terrors and banishments even as it upholds the civil order. Examining such troubling cases, The Law Is a White Dog tackles key societal questions: How does the law construct our identities? How do its rules and sanctions make or unmake persons? And how do the supposedly rational claims of the law define marginal entities, both natural and supernatural, including ghosts, dogs, slaves, terrorist suspects, and felons? Reading the language, allusions, and symbols of legal discourse, and bridging distinctions between the human and nonhuman, Colin Dayan looks at how the law disfigures individuals and animals, and how slavery, punishment, and torture create unforeseen effects in our daily lives. Moving seamlessly across genres and disciplines, Dayan considers legal practices and spiritual beliefs from medieval England, the North American colonies, and the Caribbean that have survived in our legal discourse, and she explores the civil deaths of felons and slaves through lawful repression. Tracing the legacy of slavery in the United States in the structures of the contemporary American prison system and in the administrative detention of ghostly supermax facilities, she also demonstrates how contemporary jurisprudence regarding cruel and unusual punishment prepared the way for abuses in Abu Ghraib and Guantánamo. Using conventional historical and legal sources to answer unconventional questions, The Law Is a White Dog illuminates stark truths about civil society's ability to marginalize, exclude, and dehumanize.

The Supreme Court's New Workplace

The Supreme Court's New Workplace
Author: Joseph A. Seiner
Publisher: Cambridge University Press
Total Pages: 213
Release: 2017-07-25
Genre: Law
ISBN: 1107137993

This book describes how the Supreme Court has used procedural law to undermine the civil rights of minority workers. It is a valuable resource for academics interested in the Supreme Court's treatment of civil rights law, and for practitioners attempting to successfully litigate claims arising in this field.