Overcoming Under-Compensation and Under-Deterrence in Intentional Tort Cases: Are Statutory Multiple Damages the Best Remedy?

This Article advocates that states\u27 statutes make greater and more systematic use of multiple damages by extending them to a much broader range of intentional, wrongful conduct. Part II of this Article will explain why extra-compensatory relief is called for when tortious conduct is intentional or malicious. Part III will compare punitive damages, attorney fees, and treble or other multiple damages as possible sources of additional relief. Part IV will focus on multiple damages. The Article will examine the range of existing state statutes and discuss why and how those statutes might be extended to a broader range of wrongful behavior

Overcoming Under-Compensation and Under-Deterrence in Intentional Tort Cases: Are Statutory Multiple Damages the Best Remedy?

This Article advocates that states\u27 statutes make greater and more systematic use of multiple damages by extending them to a much broader range of intentional, wrongful conduct. Part II of this Article will explain why extra-compensatory relief is called for when tortious conduct is intentional or malicious. Part III will compare punitive damages, attorney fees, and treble or other multiple damages as possible sources of additional relief. Part IV will focus on multiple damages. The Article will examine the range of existing state statutes and discuss why and how those statutes might be extended to a broader range of wrongful behavior

Baseline-free damage identification of metallic sandwich panels with truss core based on vibration characteristics

A baseline-free damage identification method is proposed to identify damages in metallic sandwich panels with truss core in the article. The method is based on flexibility matrix and gapped smoothing method, with damage index defined DIm. The weight coefficient m is introduced to consider the effect of damages on both low-order modes and high-order modes. Numerical simulations and experiments are conducted to evaluate the present method. Besides, damage index DIm* is also defined by processing DIm with Teager energy operator, and comparisons between DIm and DIm* are also carried out. Results show that the proposed method is effective in detecting single damage and multiple damages of the same or different extent. The weight coefficient m plays a very important role in identification of multiple damages of different styles. When comparing with DIm*, it is found that the present index DIm is better at suppressing the singularity caused by contact nodes and detecting of multiple damages which contain small or slight damages.</p

Of Characterization and Other Matters: Thoughts about Multiple Damages

Modern economic analysis owes too much to the conceit of Bentham and his followers in their arrogant reliance on disembodied reason. In fact, they have shaped the course of law reform for large segments of the modern world; unfortunately, they neglected all the complex social evolution which ... [went into] the making of... [that] world and individuals in it; and for that reason..., they considered that the study of history was a matter of minor importance. Bentham and his many followers too often tend to rely on a handful of assumptions and reason alone–coupled with a veneer of mathematics–to describe and predict the course of the complex processes of human society. I do not deny the explanatory or predictive power of economic analysis, or its necessity, if we are effectively to intervene in the world of action–by law or otherwise. I am arguing only that economic analysis must be substantially supplemented by other insights, perhaps from history or ethics. Admittedly, economic analysis says little about ethics beyond pricing. In short, economic analysis often knows the price of everything and the value of nothing

The Amendment of the Waste Statute—Retrogression?

It has generally been true that the provisions of waste statutes authorizing multiple damage awards are strictly construed, but this normally has meant that multiple damages will be awarded for voluntary waste whether innocently committed or not, and only single damages for permissive waste. Although the variance between the permissive may and the mandatory shall might not compel the court to reach a different conclusion, under the limitation of the permissive language of the statute announced in DeLano v. Tennent, it would appear that the legislature by changing to shall has flatly rejected the policy against awarding multiple damages and has gone beyond the position normally reached in American jurisdictions

Detection and Localization of Multiple Damages through Entropy in Information Theory

According to recent works, entropy measures, and more specifically, spectral entropies, are emerging as an efficient method for the damage assessment of both mechanical systems and civil structures. Specifically, the occurrence of structural system alterations (intended in this work as stiffness reduction) can be detected as a localized change in the signal entropy. Here, the Wiener Entropy (also known as the Spectral Flatness) of strain measurements is proved as a viable tool for single and multiple damage assessment including damage detection, localization, and severity assessment. A case study from oil & gas engineering, i.e., a finite element model of a buried steel pipeline, is utilized for this aim

Ultrasonic phased array with dispersion compensation for monitoring multiple damages in structures

Multiple-damage-inflicted scattering signals usually overlap with each other due to Lamb wave dispersion and multi-mode characteristics. As a result, it is difficult to accurately distinguish damages that occur relatively close to each other using the conventional ultrasonic phased array method. In order to solve this problem, an improved linear mapping (ILM) dispersion compensation method is proposed and is applied to enhance the ultrasonic phased array monitoring resolution. Through a uniform linear array arrangement, the damage scattering signals are collected in a round-robin pattern of ultrasonic phased array, and then compensated based on the linear relation wavenumber curve from actual measurement. At last, the scan can be obtained by monitoring the energy scattered by the damages using delay-and-sum method. To verify the proposed method, experiments are performed on an aluminum (LY-12) plate. Two results of multiple artificial damages show that the proposed method can effectively compensate the dispersion characteristics of Lamb waves. The direction estimation error and distance estimation error are less than 4° and 2 cm, respectively

Multiple damage detection and localization in beam-like and complex structures using co-ordinate modal assurance criterion combined with firefly and genetic algorithms

Damage detection and localization in civil engineering constructions using dynamic analysis has become an important topic in recent years. This paper presents a methodology based on non-destructive detection, localization and quantification of multiple damages in simple and continuous beams, and a more complex structure, namely two-dimensional frame structure. The proposed methodology makes used of Firefly Algorithm and Genetic Algorithm as optimization tools and the Coordinate Modal Assurance Criterion as an objective function. The results show that the proposed combination of Coordinate Modal Assurance Criterion and Firefly Algorithm or Genetic Algorithm can be easily used to identify multiple local structural damages in complex structures. However, the convergence rate becomes slower for the case of multiple damages compared to the case of single damage. The effect of noise on the algorithm is further investigated. It is found that the proposed technique is able to detect the damage location and its severity with high accuracy in the presence of noise, although the convergence rate became slower than in the case when no noise is present. It is also found that the convergence rate of Firefly Algorithm is much faster than that of Genetic Algorithm

The current European perspective on the exequatur of U.S. punitive damages: opening the gate but keeping a guard

Global trade and intercontinental tourism are on the rise in today’s world. This, in turn, leads to more cross-border law suits. Inevitably, jurisdictions will be confronted with legal concepts that are unknown in the host forum. This contribution investigates whether, and to what extent, punitive damages judgments originating in the United States can be enforced against the assets of a defendant in a number of selected Member States of the EU. More specifically, the article explores the possibilities of enforcing American punitive damages judgments in five EU countries, namely Germany, Italy, Spain, France and England. This comparative analysis reveals that the case law in these selected countries is relatively divergent as to the stance adopted towards foreign punitive damages, resulting in different degrees of acceptance of this legal remedy