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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.



Rafael Mangual
Project Manager,
Legal Policy

Katherine Lazarski
Manhattan Institute


Published by the Manhattan Institute

The Manhattan Insitute's Center for Legal Policy.