Working Paper No. 07-34:
Punitive Damages and the Supreme Court: A Tragedy in Five Acts
Date Posted: 2007
This is a critique of Supreme Court jurisprudence concerning punitive damages. The author claims that the Supreme Court erred in the first of its recent treatments of punitive damages, and that this error has been compounded, resulting in a possibly incoherent state of current law. The various episodes in this jurisprudence are discussed in turn.