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"Whimsical Punishment"



Via Childs, Boalt Hall 3L Jenny Miao Jiang has an interesting proposal for a sentencing-guidelines-style approach to punitive damages. One can certainly quibble with the particulars (the hypothetical Jiang uses is awfully loose with upward adjustments), and there is a danger that the framework Jiang proposes would be obviated in a world without non-economics damages caps, but the idea is intriguing for its pursuit of uniformity in what has been a random-number-generating process to date.

 

 


Isaac Gorodetski
Project Manager,
Center for Legal Policy at the
Manhattan Institute
igorodetski@manhattan-institute.org

Katherine Lazarski
Press Officer,
Manhattan Institute
klazarski@manhattan-institute.org

 

Published by the Manhattan Institute

The Manhattan Insitute's Center for Legal Policy.