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September 2003 Archives

Punitive Damages: How Juries Decide

Punitive Damages examines the role of one of the United States� most prized democratic institutions: juries. The authors, including legal experts, psychologists, and an economist, used over 600 mock juries to analyze the decision-making processes of jurors, specifically on the issue of punitive damage awards. The authors learn how jurors make vastly different punitive damage awards�even in factually identical cases�and how this can affect our understanding of the jury institution in a broader context.

Making Tort Law: What Should Be Done and Who Should Do It

In this short, theoretical look at current tort liability law in the United States, Harvard's Charles Fried and David Rosenberg conclude that deterrence, rather than compensation or redistribution, should be the exclusive goal of tort law. Fried and Rosenberg demonstrate how the current system is overly expense, unpredictable, and inefficient in offering a deterrent to the business practices it seeks to quell, and they contend that legislative action, as opposed to judicial remedies, offer the most promise for reform.
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Download useful chapters of The Litigation Explosion. Available chapters discuss contingency fees, long-arm jurisdiction, choice-of-law rules, and loser pays systems.
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Rafael Mangual
Project Manager,
Legal Policy
rmangual@manhattan-institute.org

Katherine Lazarski
Manhattan Institute
klazarski@manhattan-institute.org

Published by the Manhattan Institute

The Manhattan Insitute's Center for Legal Policy.