The Continuing Appeal of Punitive Damages: An Analysis of Constitutional and Other Challenges to Punitive Damages, Post-Haslip and Moriel

Date

1995

Journal Title

Journal ISSN

Volume Title

Publisher

Abstract

This article examines the enduring relevance of punitive damages in the U.S. legal system, particularly in the context of constitutional challenges following landmark cases like Haslip and Moriel. It explores how these decisions have shaped the framework for punitive damages, addressing concerns related to due process and proportionality. The analysis highlights ongoing debates about the fairness and efficacy of punitive damages in deterring misconduct and providing justice to victims. Additionally, it considers the implications of recent court rulings and legislative actions on the future of punitive damages. Ultimately, the author argues that while challenges persist, punitive damages remain a vital tool for accountability in civil litigation.

Description

Rights

Availability

Keywords

Humanities, Law, Remedies, Punitive damages, Torts

Citation

Janice Kemp, The Continuing Appeal of Punitive Damages: An Analysis of Constitutional and Other Challenges to Punitive Damages, Post-Haslip and Moriel, 26 TEX. TECH L. REV. 1 (1995).