The Constitutionality of State Allocation of Punitive Damage Awards

Authors

Paul F. Kirgis, Alexander Blewett III School of Law at the University of MontanaFollow

Document Type

Article

Publication Date

Spring 1993

First Page

843

Volume

50

Issue

2

Source Publication Abbreviation

Wash. & Lee L. Rev.

Abstract

This Note analyzes state allocation in light of these differing approaches. The constitutional analysis of Part II begins with a discussion of Takings Clause issues presented by the former "appropriation" approach. This section suggests some flaws in that approach and some reasons why courts might mistakenly adopt it. Part II then examines the criminal law protections embodied in the Excessive Fines and Double Jeopardy Clauses and evoked by the latter "civil penalty" approach. Next, Part III argues for specific statutory adoption of the civil penalty approach and discusses the practice and policy issues that that approach presents. Finally, an Appendix cites and summarizes each state allocation statute.

Recommended Citation

Kirgis, Paul F., "The Constitutionality of State Allocation of Punitive Damage Awards" (1993). Faculty Law Review Articles. 128.
https://scholarworks.umt.edu/faculty_lawreviews/128