Author: Jill Wieber Lens
Publisher:
ISBN:
Category : Damages
Languages : en
Pages : 0
Book Description
The limitations on a punitive damage award depend on the conception of punitive damages. Is it a private law remedy, limited to resolving the dispute between the parties? Or is it a public law remedy, capable of addressing public harm and achieving public good? The Supreme Court has not wavered from public law ideas of punitive damages - that the damages serve the state’s interests and are similar to criminal punishments. At the same time, the Court has focused on the actual injury to the plaintiff in its holdings and prohibited punitive damages from punishing harm to nonparties, indicating that punitive damages serve only the private law purpose of resolving the parties’ dispute. This Article examines tort law’s influence on the constitutional limitations of punitive damage awards, an influence that mandates a private law conception of punitive damages. Tort law lacks the ability to punish unless a finding of liability for an underlying injury exists. Punitive damages should thus be based only on the underlying injury for which the defendant is liable. Consistent with tort law’s influence, punitive damages that punish the public harm that the defendant’s conduct created would be unconstitutional, meaning that punitive damages will be minimal if supported only by an award of nominal damages. Also consistent with tort law’s influence, punitive damage awards must be personalized to the individual dispute despite the Court’s recent concerns about unpredictability.
Punishing for the Injury
Author: Jill Wieber Lens
Publisher:
ISBN:
Category : Damages
Languages : en
Pages : 0
Book Description
The limitations on a punitive damage award depend on the conception of punitive damages. Is it a private law remedy, limited to resolving the dispute between the parties? Or is it a public law remedy, capable of addressing public harm and achieving public good? The Supreme Court has not wavered from public law ideas of punitive damages - that the damages serve the state’s interests and are similar to criminal punishments. At the same time, the Court has focused on the actual injury to the plaintiff in its holdings and prohibited punitive damages from punishing harm to nonparties, indicating that punitive damages serve only the private law purpose of resolving the parties’ dispute. This Article examines tort law’s influence on the constitutional limitations of punitive damage awards, an influence that mandates a private law conception of punitive damages. Tort law lacks the ability to punish unless a finding of liability for an underlying injury exists. Punitive damages should thus be based only on the underlying injury for which the defendant is liable. Consistent with tort law’s influence, punitive damages that punish the public harm that the defendant’s conduct created would be unconstitutional, meaning that punitive damages will be minimal if supported only by an award of nominal damages. Also consistent with tort law’s influence, punitive damage awards must be personalized to the individual dispute despite the Court’s recent concerns about unpredictability.
Publisher:
ISBN:
Category : Damages
Languages : en
Pages : 0
Book Description
The limitations on a punitive damage award depend on the conception of punitive damages. Is it a private law remedy, limited to resolving the dispute between the parties? Or is it a public law remedy, capable of addressing public harm and achieving public good? The Supreme Court has not wavered from public law ideas of punitive damages - that the damages serve the state’s interests and are similar to criminal punishments. At the same time, the Court has focused on the actual injury to the plaintiff in its holdings and prohibited punitive damages from punishing harm to nonparties, indicating that punitive damages serve only the private law purpose of resolving the parties’ dispute. This Article examines tort law’s influence on the constitutional limitations of punitive damage awards, an influence that mandates a private law conception of punitive damages. Tort law lacks the ability to punish unless a finding of liability for an underlying injury exists. Punitive damages should thus be based only on the underlying injury for which the defendant is liable. Consistent with tort law’s influence, punitive damages that punish the public harm that the defendant’s conduct created would be unconstitutional, meaning that punitive damages will be minimal if supported only by an award of nominal damages. Also consistent with tort law’s influence, punitive damage awards must be personalized to the individual dispute despite the Court’s recent concerns about unpredictability.
Punishment Without Injury
Corporal Punishment in U.S. Public Schools
Author: Elizabeth T. Gershoff
Publisher: Springer
ISBN: 3319148184
Category : Psychology
Languages : en
Pages : 125
Book Description
This Brief reviews the past, present, and future use of school corporal punishment in the United States, a practice that remains legal in 19 states as it is constitutionally permitted according to the U.S. Supreme Court. As a result of school corporal punishment, nearly 200,000 children are paddled in schools each year. Most Americans are unaware of this fact or the physical injuries sustained by countless school children who are hit with objects by school personnel in the name of discipline. Therefore, Corporal Punishment in U.S. Public Schools begins by summarizing the legal basis for school corporal punishment and trends in Americans’ attitudes about it. It then presents trends in the use of school corporal punishment in the United States over time to establish its past and current prevalence. It then discusses what is known about the effects of school corporal punishment on children, though with so little research on this topic, much of the relevant literature is focused on parents’ use of corporal punishment with their children. It also provides results from a policy analysis that examines the effect of state-level school corporal punishment bans on trends in juvenile crime. It concludes by discussing potential legal, policy, and advocacy avenues for abolition of school corporal punishment at the state and federal levels as well as summarizing how school corporal punishment is being used and what its potential implications are for thousands of individual students and for the society at large. As school corporal punishment becomes more and more regulated at the state level, Corporal Punishment in U.S. Public Schools serves an essential guide for policymakers and advocates across the country as well as for researchers, scientist-practitioners, and graduate students.
Publisher: Springer
ISBN: 3319148184
Category : Psychology
Languages : en
Pages : 125
Book Description
This Brief reviews the past, present, and future use of school corporal punishment in the United States, a practice that remains legal in 19 states as it is constitutionally permitted according to the U.S. Supreme Court. As a result of school corporal punishment, nearly 200,000 children are paddled in schools each year. Most Americans are unaware of this fact or the physical injuries sustained by countless school children who are hit with objects by school personnel in the name of discipline. Therefore, Corporal Punishment in U.S. Public Schools begins by summarizing the legal basis for school corporal punishment and trends in Americans’ attitudes about it. It then presents trends in the use of school corporal punishment in the United States over time to establish its past and current prevalence. It then discusses what is known about the effects of school corporal punishment on children, though with so little research on this topic, much of the relevant literature is focused on parents’ use of corporal punishment with their children. It also provides results from a policy analysis that examines the effect of state-level school corporal punishment bans on trends in juvenile crime. It concludes by discussing potential legal, policy, and advocacy avenues for abolition of school corporal punishment at the state and federal levels as well as summarizing how school corporal punishment is being used and what its potential implications are for thousands of individual students and for the society at large. As school corporal punishment becomes more and more regulated at the state level, Corporal Punishment in U.S. Public Schools serves an essential guide for policymakers and advocates across the country as well as for researchers, scientist-practitioners, and graduate students.
Discipline and Punish
Author: Michel Foucault
Publisher: Vintage
ISBN: 0307819299
Category : Social Science
Languages : en
Pages : 354
Book Description
A brilliant work from the most influential philosopher since Sartre. In this indispensable work, a brilliant thinker suggests that such vaunted reforms as the abolition of torture and the emergence of the modern penitentiary have merely shifted the focus of punishment from the prisoner's body to his soul.
Publisher: Vintage
ISBN: 0307819299
Category : Social Science
Languages : en
Pages : 354
Book Description
A brilliant work from the most influential philosopher since Sartre. In this indispensable work, a brilliant thinker suggests that such vaunted reforms as the abolition of torture and the emergence of the modern penitentiary have merely shifted the focus of punishment from the prisoner's body to his soul.
Think Twice
Author: Lesli Taylor
Publisher: End Violence Against the Next Generation, Incorporated
ISBN:
Category : Medical
Languages : en
Pages : 70
Book Description
Publisher: End Violence Against the Next Generation, Incorporated
ISBN:
Category : Medical
Languages : en
Pages : 70
Book Description
Impairing Education
Author: Alice Farmer
Publisher: Human Rights Watch
ISBN: 1564325318
Category : Children with disabilities
Languages : en
Pages : 75
Book Description
Recommendations -- Methodology -- Corporal punishment in US public schools -- Corporal punishment by the numbers -- Behaviors leading to beatings -- Impact of corporal punishment -- Parents' inability to protect children -- Best practices : effective discipline for students with disabilities -- International Human Rights Law protecting students with disabilities -- Conclusion.
Publisher: Human Rights Watch
ISBN: 1564325318
Category : Children with disabilities
Languages : en
Pages : 75
Book Description
Recommendations -- Methodology -- Corporal punishment in US public schools -- Corporal punishment by the numbers -- Behaviors leading to beatings -- Impact of corporal punishment -- Parents' inability to protect children -- Best practices : effective discipline for students with disabilities -- International Human Rights Law protecting students with disabilities -- Conclusion.
Journal of the Department of Letters
Author: University of Calcutta. Dept. of Letters
Publisher:
ISBN:
Category : Buddha (The concept)
Languages : en
Pages : 472
Book Description
Contains contributions on various subjects, notably India, Buddhism, ancient chronology, etc.
Publisher:
ISBN:
Category : Buddha (The concept)
Languages : en
Pages : 472
Book Description
Contains contributions on various subjects, notably India, Buddhism, ancient chronology, etc.
The Student Discipline Handbook
Author:
Publisher: Park Place Publications
ISBN: 1605859079
Category :
Languages : en
Pages : 52
Book Description
Publisher: Park Place Publications
ISBN: 1605859079
Category :
Languages : en
Pages : 52
Book Description
The Roman and Roman-Dutch Law of Injuries
Author: Johannes Voet
Publisher:
ISBN:
Category : Damages
Languages : en
Pages : 382
Book Description
Publisher:
ISBN:
Category : Damages
Languages : en
Pages : 382
Book Description
The Imperial Lexicon of the English Language
Author: John Boag
Publisher:
ISBN:
Category : English language
Languages : en
Pages : 854
Book Description
Publisher:
ISBN:
Category : English language
Languages : en
Pages : 854
Book Description