Saturday, July 12, 2008

punitive damages


"A penalty should be reasonably predictable in its severity, so that even Holmes’s “bad man” can look ahead with some ability to know what the stakes are in choosing one course of action or another."

Is it just me, or does Justice Souter's opinion on the June Exxon Valdez verdict really mean:

"A penalty should be affordable, so even Holmes's "bad man" can continue to screw the environment and account for it in his budget."

Just a thought.

Read for yourself.

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