January 25, 2008

More Punitive Damages Scholarship

David Bernstein at the Volokh Conspiracy has an interesting post on a recent law review article critical of the Philip Morris v. Williams opinion. The article begins: "The history of the Fourteenth Amendment is one of hierarchy and capitalism. In the Amendment's first 139 years, courts have consistently used it to perpetuate dominant notions of class and culture--to maintain deeply rooted inequality and resist meaningful changes in the areas of poverty, race, and gender. While the Amendment's beautiful language and spirit could have been used to ensure quality and meaningful participation in all aspects of a civil community, its words have instead been employed as a tool for just the opposite."