October 17, 2006

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.