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Reflections On Remedies And Philip Morris V Williams
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Book Synopsis Reflections on Remedies and Philip Morris V. Williams by : Keith N. Hylton
Download or read book Reflections on Remedies and Philip Morris V. Williams written by Keith N. Hylton and published by . This book was released on 2007 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This essay is a series of reflections on the implications of Philip Morris for the tort reform movement. I make an effort below to find a middle ground between the positions of the plaintiff and defendant in Philip Morris. That middle ground involves largely returning to the Supreme Court's pre-Gore treatment of punitive damages and introducing new procedural devices for defendants to challenge awards. I close with a few observations on the implications of this case law for pain and suffering awards.
Book Synopsis Of Remedy, Juries and State Regulation of Punitive Damages by : Michael Patrick Allen
Download or read book Of Remedy, Juries and State Regulation of Punitive Damages written by Michael Patrick Allen and published by . This book was released on 2009 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Philip Morris USA v. Williams, 127 S. Ct. 1057 (2007), is the latest in the Court's project to explain in what respects the United States Constitution limits punitive damages. While apparently modest, the ruling is a highly significant step in the Court's development of constitutional doctrine in an area of great public interest. This Article considers the implications of Philip Morris on the Court's recently-developed constitutional jurisprudence concerning punitive damages. It has four parts in addition to an introduction. Part II discusses the various ways in which the Court had constitutionally limited punitive damage awards before Philip Morris. Part III focuses on Philip Morris. After briefly explaining the case's factual background, this Part explains the decision's holding. That holding both further serves to constrain the award of punitive damages and, quite confusingly, also appears to affect the role of the jury in the process in a significant fashion. Thereafter, I situate Philip Morris in the broader constitutional landscape. Part IV explores three significant aspects of Philip Morris beyond its impact on constitutional doctrine. First, I consider how the decision will likely affect punitive damages as a remedial device. I suggest that Philip Morris is another step in the Court's campaign to restrict the device to what it perceives to be its historical roots. The result of this effort could have significant repercussions especially when combined with other means by which monetary recovery in the civil justice system is being restricted. Second, I describe Philip Morris's impact on the states' ability to regulate punitive damages. Some of this impact is predictable: states are restricted in using punitive damages in innovative ways. However, the decision also has the potential to affect state regulation in a way that is harmful to defendants. Finally, Part IV considers the decision's impact on juries. I argue that the Court has planted seeds by which the role of the jury in awarding punitive damages could be fundamentally altered. Part V concludes by suggesting that, as significant as it is, Philip Morris leaves a host of questions unresolved.
Download or read book 英美法原论（上、下册） written by 高鸿钧 and published by BEIJING BOOK CO. INC.. This book was released on 2021-11-09 with total page 1332 pages. Available in PDF, EPUB and Kindle. Book excerpt: 本书以不同学科的视角对英美法进行了系统和深入研究，考察它的历史与现实，提炼它的义理和精神，阐释它的理念与制度，分析它的程序与运作。全书共六编：英美法的历史、渊源与特征；英美公法：宪法、行政法与刑法；英美私法：财产法、契约法、侵权法、商法和信托法；英美主要法学理论与法律思想等。
Book Synopsis Cases and Materials on Torts by : Richard A. Epstein
Download or read book Cases and Materials on Torts written by Richard A. Epstein and published by Aspen Publishing. This book was released on 2024-02-01 with total page 1214 pages. Available in PDF, EPUB and Kindle. Book excerpt: Concise yet comprehensive Cases and Materials on Torts gives 1Ls a solid foundation in the historical evolution of doctrine and social and economic theory to apply to contemporary issues facing courts. Cases and Materials on Torts preserves historical and conceptual continuity between the present and the past, while addressing the most significant contemporary controversy in fast-moving areas like public nuisance, global warming, products liability, and new litigation against internet providers. Towards our dual ends, the Thirteenth Edition retains the great older cases, both English and American, that have proved themselves time and again in the classroom, and which continue to exert great influence on the modern law. This book also provides a rich exploration of the dominant corrective justice and deterrence (or prevention of harm) approaches to tort law, as exemplified both in the retained and new cases and materials. New to the Thirteenth Edition: ● Developments at the cutting edge of public nuisance law, including the opioids crisis, global warming, and the sale of guns. ● Expanded consideration of the duties of online platforms, as illustrated by vicarious liability against Uber; products liability against Snapchat for defective algorithmic design and against Amazon for sale of defective goods; and novel claims of affirmative duties to rescue on Facebook and rideshare companies. ● Developments in drug litigation, including duties to report adverse events to regulators post-approval and “innovator liability” on brand-name manufacturers for failure to warn by generic manufacturers. ● Recent transformations in setting of compensatory damage awards, with the addition of draft materials of the Restatement (Third) of Torts: Remedies, including matters relating to race and gender. ● A more streamlined casebook appropriate for a comprehensive 1L Torts course. Professors and students will benefit from: ● Clear organizational framework of the book ● Important historical lines of cases that help understand legal reasoning and the evolution of precedent ● Inclusion of key academic commentary and elaboration of central intellectual disputes over the nature and function of the tort law ● Extensive notes with topic headlines that elaborate basic concepts through relevant cases, both old and new, that help shape the most complex contemporary issues facing courts ● Great attention given to cutting edge tort developments
Download or read book Symposium Edition written by and published by . This book was released on 2008 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Modern American Remedies by : Douglas Laycock
Download or read book Modern American Remedies written by Douglas Laycock and published by Aspen Publishing. This book was released on 2018-10-23 with total page 1797 pages. Available in PDF, EPUB and Kindle. Book excerpt: Modern American Remedies: Cases and Materials, Fifth Edition is highly respected for its original and logical conceptual framework, comprehensive coverage, excellent case selection, and authoritative and well-written notes. The text achieves a balance of public and private law, and teaches and critiques the basics of economic analysis as applied to remedies issues. New to the Fifth Edition: New co-author Richard L. Hasen, author of Remedies: Examples and Explanations, a problem-based study guide and secondary adoptable for the casebook Key legal developments through the Supreme Courts June 2018 decisions, including litigation surrounding President Trumps travel ban Updated material on cy pres settlements in anticipation of Frank v. Gaos, the Supreme Court case involving Google Recent case law regarding the Third Restatements approach to unjust enrichment New, updated, or expanded notes on current issues, such as The rise of nationwide injunctions in challenges to federal policy Disputes over the scope of qualified immunity rules for government officials, especially police officers Donald Trump, Stormy Daniels, and Michael Cohens business partner A new drafting assignment involving an injunction in a case of same-sex harassment in employment New principal cases: Commercial Real Estate Investment v. Comcast of Utah, on new approaches to liquidated damages Sunnyland Farms v. Central New Mexico Electric Coop, on proximate cause in tort and contract Brown v. Plata, on structural injunctions and reform of prisons Lord & Taylor v. White Flint, on specific performance of long term contracts Armstrong v. Exceptional Child Center, on implied rights of action and the federal equity power Bonina v. Sheppard, on measuring restitution from innocent defendants In re Hypnotic Taxi LLC, on the standards for pre-judgment attachments James v. National Financial, LLC, on unconscionability in consumer contracts Arizona Libertarian Party v. Reagan, on laches in election cases Professors and students will benefit from: Strong conceptual organization based on remedies categoriescompensatory and punitive damages, injunctions, restitution, declaratory judgments, enforcement of judgments (contempt and collections), attorneys fees, and remedial defensesand in terms of daily teaching units of roughly equal length, each unit having a clear central theme Appropriate balance of public and private law Highly teachable and memorable cases, well edited and supported by informative and authoritative notes Coverage and critique of basic law and economics as applied to key remedies issues Plenty of information to support class discussion, case analysis, and applying concepts to varied fact patterns Teaching materials include: Cases and notes from previous editions omitted from the 5th Edition available online Annual Professors Update or Supplement Excellent Teachers Manual (as PDF or Word files), including: Introduction Transition Guide Designing the Remedies Course Introduction, daily teaching units, suggested assignment sheets Sample Syllabi for a 1, 2, 3, 4, or 5 hour course Suggestions for teaching the cases (all units, all chapters) Wrapping Up: An Overview Lecture
Book Synopsis Philip Morris USA V. Williams (2007). by : United States. Supreme Court
Download or read book Philip Morris USA V. Williams (2007). written by United States. Supreme Court and published by . This book was released on 2007 with total page 1146 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Perspectives on Asbestos Litigation by :
Download or read book Perspectives on Asbestos Litigation written by and published by . This book was released on 2008 with total page 310 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis French Civil Liability in Comparative Perspective by : Jean-Sébastien Borghetti
Download or read book French Civil Liability in Comparative Perspective written by Jean-Sébastien Borghetti and published by Bloomsbury Publishing. This book was released on 2019-12-26 with total page 544 pages. Available in PDF, EPUB and Kindle. Book excerpt: The French law of torts or of extra-contractual liability is widely seen as exceptional. For long it was based on a mere five articles of the Civil Code of 1804, but on this foundation the courts and legal scholars have constructed liabilities for fault and strict liability of an extraordinary breadth and significance. While the rest of the general law of obligations (including contract) in the Civil Code was reformed in 2016 by executive ordonnance, this area was left aside, being the subject in 2017 of a proposal by the French Government for the legislative reform of the law of civil liability, a new legislative category to include both contractual and extra-contractual liability. This work considers important aspects of this developing area of French law in a series of essays by French lawyers and comparative lawyers working in French law and other civil law systems. In doing so, it provides insight into the doctrinal thinking and judgments of French lawyers as well as the possible directions in which this area of the law may be developed in the future.
Book Synopsis Reconsidering Law and Policy Debates by : John G. Culhane
Download or read book Reconsidering Law and Policy Debates written by John G. Culhane and published by Cambridge University Press. This book was released on 2010-11-08 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book approaches a variety of social and political issues that have become highly polarized and resistant to compromise by examining them through a population-based public health perspective. The topics included are some of the most contentious: abortion and reproductive rights; end-of-life issues, including the right to die and the treatment of pain; the connection between racism and poor health outcomes for African-Americans; the right of same-sex couples to marry; the toll of gun violence and how to reduce it; domestic violence and how the criminal justice model fails to deal with it effectively; and how tort compensation and punitive damages can further public health goals. People at every point along the political spectrum will find the book enlightening and informative. Written by eight authors, all of whom have cross-disciplinary expertise, this book shifts the focus away from the point of view of rights, politics, or morality and examines the effect of laws and policies from the perspective of public health and welfare.
Book Synopsis Constitutional Law by : Erwin Chemerinsky
Download or read book Constitutional Law written by Erwin Chemerinsky and published by Aspen Publishing. This book was released on 2023-02-15 with total page 1540 pages. Available in PDF, EPUB and Kindle. Book excerpt: Relied on by students, professors, and practitioners, Erwin Chemerinsky’s popular treatise clearly states the law and identifies the underlying policy issues in each area of constitutional law. Thorough coverage of the topic makes it appropriate for both beginning and advanced courses. New to the 7th Edition: Discussion of many new cases, including: Allen v. Cooper; American Legion v. American Humanist Association.; Americans for Prosperity Foundation v. Bonta; California v. Texas; Calvary Chapel Dayton Valley v. Sisolak; Campbell-Ewald v. Gomez; Carr v. Saul; Carson v. Makin; Cedar Point Nursery v. Hassid; Central Virginia Community College v. Katz; City of Austin v. Reagan National Advertising; Collins v. Yellen; Davis v. Bandemer; Dept. of Commerce v. New York; Dobbs v. Jackson Women’s Health Organization; Espinoza v. Montana Department of Revenue; Franchise Tax Board v. Hyatt; Fulton v. City of Philadelphia; Gundy v. U.S.; June Medical Services LLC v. Russo; Kennedy v. Bremerton School District; Knick v. Township of Scott, Pennsylvania; Lamone v. Benisek; Mahanoy Area School District v. B.L.; Manhattan Community Access Corp. v. Halleck; Merrill v. Milligan; New York Rifle and Pistol Association. v. Bruen; New York State Rifle and Pistol Association., Inc. v. City of New York, NY; Our Lady of Guadalupe School v. Morrissey-Berru; PennEast Pipeline Co. v. New Jersey; Ramos v. Louisiana; Republican National Committee v. Democratic National Committee; Roman Catholic Diocese of Brooklyn v. Cuomo; Rucho v. Common Cause; Seila Law LLC v. Consumer Financial Protection Bureau; Siegel v. Fitzgerald; Shurtleff v. City of Boston; South Bay Pentecostal Church v. Newsom; Tandon v. Newsom; Tennessee Wine & Spirits Retailers Association. v. Thomas; Timbs v. Indiana; Torres v. Texas Dept. of Public Safety; TransUnion LLC v. Ramirez; Trump v. Hawaii; Trump v. Mazars USA, LLP; Trump v. Vance; U.S. v. Arthrex, Inc.; U.S. v. Sanchez-Gomez; U.S. v. Washington; Uzuegbunam v. Preczewski; Veith v. Jubelirer; West Virginia v. EPA; and Whole Woman’s Health v. Jackson Benefits for instructors and students: Renowned authorship Examination of black-letter law and all the myriad issues of constitutional interpretation with unrivaled thoroughness and lucidity Excellent historical overview of the creation and ratification of constitution, examining the existential question of why we have a constitution
Book Synopsis New York University Annual Survey of American Law by :
Download or read book New York University Annual Survey of American Law written by and published by . This book was released on 2007 with total page 862 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Exploring Tort Law by : M. Stuart Madden
Download or read book Exploring Tort Law written by M. Stuart Madden and published by Cambridge University Press. This book was released on 2005-09-26 with total page 508 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a collection of scholarship from the most influential contributors regarding Torts law.
Book Synopsis Punishment and Private Law by : Elise Bant
Download or read book Punishment and Private Law written by Elise Bant and published by Bloomsbury Publishing. This book was released on 2021-05-20 with total page 474 pages. Available in PDF, EPUB and Kindle. Book excerpt: Does private law punish? This collection answers this complex but compelling question. Lawyers from across the spectrum of the law (contract, tort, restitution) explore exactly how it punishes wrong doing. These leading voices ask whether that punishment is effective and what its societal role might be. Taking the discussion out of the technical and into a broader realms of a wider purpose, it is both compelling and thought-provoking.
Author :United States. Public Health Service. Office of the Surgeon General Publisher : ISBN 13 : Total Pages :728 pages Book Rating :4.:/5 (318 download)
Book Synopsis How Tobacco Smoke Causes Disease by : United States. Public Health Service. Office of the Surgeon General
Download or read book How Tobacco Smoke Causes Disease written by United States. Public Health Service. Office of the Surgeon General and published by . This book was released on 2010 with total page 728 pages. Available in PDF, EPUB and Kindle. Book excerpt: This report considers the biological and behavioral mechanisms that may underlie the pathogenicity of tobacco smoke. Many Surgeon General's reports have considered research findings on mechanisms in assessing the biological plausibility of associations observed in epidemiologic studies. Mechanisms of disease are important because they may provide plausibility, which is one of the guideline criteria for assessing evidence on causation. This report specifically reviews the evidence on the potential mechanisms by which smoking causes diseases and considers whether a mechanism is likely to be operative in the production of human disease by tobacco smoke. This evidence is relevant to understanding how smoking causes disease, to identifying those who may be particularly susceptible, and to assessing the potential risks of tobacco products.
Author :National Academies of Sciences, Engineering, and Medicine Publisher :National Academies Press ISBN 13 :0309459575 Total Pages :483 pages Book Rating :4.3/5 (94 download)
Book Synopsis Pain Management and the Opioid Epidemic by : National Academies of Sciences, Engineering, and Medicine
Download or read book Pain Management and the Opioid Epidemic written by National Academies of Sciences, Engineering, and Medicine and published by National Academies Press. This book was released on 2017-09-28 with total page 483 pages. Available in PDF, EPUB and Kindle. Book excerpt: Drug overdose, driven largely by overdose related to the use of opioids, is now the leading cause of unintentional injury death in the United States. The ongoing opioid crisis lies at the intersection of two public health challenges: reducing the burden of suffering from pain and containing the rising toll of the harms that can arise from the use of opioid medications. Chronic pain and opioid use disorder both represent complex human conditions affecting millions of Americans and causing untold disability and loss of function. In the context of the growing opioid problem, the U.S. Food and Drug Administration (FDA) launched an Opioids Action Plan in early 2016. As part of this plan, the FDA asked the National Academies of Sciences, Engineering, and Medicine to convene a committee to update the state of the science on pain research, care, and education and to identify actions the FDA and others can take to respond to the opioid epidemic, with a particular focus on informing FDA's development of a formal method for incorporating individual and societal considerations into its risk-benefit framework for opioid approval and monitoring.
Book Synopsis Annotated Manual for Complex Litigation ... by :
Download or read book Annotated Manual for Complex Litigation ... written by and published by . This book was released on 2010 with total page 1398 pages. Available in PDF, EPUB and Kindle. Book excerpt:
