Exxon V. Baker (2008).
Author | : United States. Supreme Court |
Publisher | : |
Total Pages | : 732 |
Release | : 2008 |
Genre | : |
ISBN | : |
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Author | : United States. Supreme Court |
Publisher | : |
Total Pages | : 732 |
Release | : 2008 |
Genre | : |
ISBN | : |
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.
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.
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.
Author | : F. H. Buckley |
Publisher | : Yale University Press |
Total Pages | : 654 |
Release | : 2013-05-28 |
Genre | : Political Science |
ISBN | : 0300195079 |
DIVThis provocative book brings together twenty-plus contributors from the fields of law, economics, and international relations to look at whether the U.S. legal system is contributing to the country’s long postwar decline. The book provides a comprehensive overview of the interactions between economics and the law—in such areas as corruption, business regulation, and federalism—and explains how our system works differently from the one in most countries, with contradictory and hard to understand business regulations, tort laws that vary from state to state, and surprising judicial interpretations of clearly written contracts. This imposes far heavier litigation costs on American companies and hampers economic growth./div
Author | : James Goudkamp |
Publisher | : Bloomsbury Publishing |
Total Pages | : 421 |
Release | : 2023-12-28 |
Genre | : Law |
ISBN | : 150996701X |
Punitive damages are private law's most controversial remedy. This book traces the development of the jurisdiction from the foundational decisions of Huckle v Money and Wilkes v Wood in England, to leading modern cases such as Harris v Digital Pulse Pty Ltd in Australia, Whiten v Pilot Insurance Co in Canada, Couch v AG (No 2) in New Zealand, PH Hydraulics and Engineering Pte Ltd v Airtrust (Hong Kong) Ltd in Singapore and Mathias v Accor Economy Lodging, Inc and State Farm Mutual Automobile Insurance Co v Campbell in the United States. Many of the decisions addressed are not only landmarks regarding punitive damages but are among the most important judgments delivered in private law more generally. The essays, which are written by leading scholars from a wide range of jurisdictions, cast new light on the cases covered. They do so by examining their historical antecedents and the impact that they have had on the development of the law. The full spectrum of issues regarding punitive damages is addressed including the insurability of punishment, constitutional constraints on the remedy's availability and whether the award should be confined to particular causes of action. The collection will be of interest to all scholars and students of private law. It concentrates on common law cases although civilian perspectives, drawn from France and Germany, are also offered.
Author | : United States. Congress. Senate. Committee on Commerce, Science, and Transportation |
Publisher | : |
Total Pages | : 60 |
Release | : 2011 |
Genre | : BP Deepwater Horizon Explosion and Oil Spill, 2010 |
ISBN | : |
Author | : Wayne V. McIntosh |
Publisher | : UBC Press |
Total Pages | : 297 |
Release | : 2010-01-01 |
Genre | : Law |
ISBN | : 0774858788 |
Drawing upon insights from law and politics, Multi-Party Litigation outlines the historical development, political design, and regulatory desirability of multi-party litigation strategies in cross-national perspective and describes a battle being fought on multiple fronts by competing interests. By addressing the potential and constraints of litigation, this book offers a comprehensive account of an international issue that will interest students and practitioners of law, politics, and public policy.
Author | : Douglas Laycock |
Publisher | : Aspen Publishing |
Total Pages | : 329 |
Release | : 2018-08-15 |
Genre | : Law |
ISBN | : 1543805434 |
Modern American Remedies: Cases and Materials, Fourth Edition, 2018 Supplement
Author | : United States. Congress. House. Committee on Transportation and Infrastructure |
Publisher | : |
Total Pages | : 360 |
Release | : 2010 |
Genre | : Science |
ISBN | : |