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Punitive Damages: How Judges and Juries Perform

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Author Info

  • Joni Hersch
  • W. Kip Viscusi

Abstract

Civil Justice Survey of State Courts, 1996, we find that juries are significantly more likely to award punitive damages than are judges and award higher levels of punitive damages. Jury awards are also less strongly related to compensatory damages. The differential effect of juries is most pronounced among the largest awards. Juries also tend to award higher levels of compensatory damages, which in turn boost the punitive damages award. The findings are robust with respect to controlling for self-selection of jury or bench trial.

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File URL: http://www.journals.uchicago.edu/cgi-bin/resolve?id=doi:10.1086/380412
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Bibliographic Info

Article provided by University of Chicago Press in its journal The Journal of Legal Studies.

Volume (Year): 33 (2004)
Issue (Month): 1 (01)
Pages: 1-36

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Handle: RePEc:ucp:jlstud:v:33:y:2004:p:1-36

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Web page: http://www.journals.uchicago.edu/JLS/

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Cited by:
  1. Thomas J. Miceli & Michael P. Stone, 2013. "The Determinants Of State-Level Caps On Punitive Damages: Theory And Evidence," Contemporary Economic Policy, Western Economic Association International, vol. 31(1), pages 110-125, 01.
  2. W. Kip Viscusi, 2009. "The Changing Landscape of Blockbuster Punitive Damages Awards," American Law and Economics Review, Oxford University Press, vol. 12(1), pages 116-161.
  3. Joanna Lahey, 2006. "How Do Age Discrimination Laws Affect Older Workers?," Work Opportunity Briefs wob_5, Center for Retirement Research, revised Oct 2006.
  4. Eric Helland & Jonathan Klick & Alexander Tabarrok, 2005. "Data Watch: Tort-uring the Data," Journal of Economic Perspectives, American Economic Association, vol. 19(2), pages 207-220, Spring.

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