Examining the policy considerations underlying the award of punitive damages, the authors conclude that, contrary to the views of punitive damage abolitionists, there are circumstances in which punitive damages are appropriate. The authors propose a reform in the procedures used to determine when puntive damages should be imposed and describe guidelines for assessing the amount of damages.
Jane Mallor and Barry Roberts,
Punitive Damages: Toward a Principled Approach,
31 Hastings L.J. 639
Available at: https://repository.uchastings.edu/hastings_law_journal/vol31/iss3/3