The Blockbuster Punitive Damages Awards

This paper provides an analysis of 64 punitive damages awards of at least $100 million. Based on an inventory of these cases, there is evidence that these blockbuster awards are highly concentrated geographically, as two states account for 27 of the 64 awards.The awards also have been rising substantially over time, with the majority of these blockbuster awards taking place since 1999.An assessment of the current status of the blockbuster punitive damages awards indicates that most of these awards have been appealed, but the reversal of these punitive damages awards is the exception rather than the rule.Many large punitive damages awards are settled without any appeal. The ratio limits outlined in State Farm v. Campbell will affect over 90% of the blockbuster awards and over 90% of the damages associated with these awards if a ratio of 1.0 becomes the upper limit on punitive damages.

The Glass Half-Full: A Rational/Radical Approach to Immigration Reform

The problems the United States faces in redirecting immigration policies cannot be successfully addressed by a quick fix immigration “reform.” The legal, economic, sociological, political, racial, and moral issues are too complex and have been largely unresolved. As a result, it is unrealistic to expect political leaders to develop an easy solution that will satisfy the myriad competing and conflicting concerns. Most of the calls for reform are not issued by individuals completely aware of the extent of immigration regulation and of its impact on American society. Rather, calls come from those with relatively narrow interests from all ranges of the political spectrum. These calls for reform further focus on only a few narrow areas, without fully considering the impact on the rest of the immigration law scheme or the rest of the American constitutional scheme for that matter. However, there is a more rational approach to analyzing the areas where the calls for reform have been heard the loudest, and this analysis leads to what might be considered a radical approach to immigration reform—to first acknowledge what is right about American immigration policies and processes. The only real hope to reconstruct an equitable immigration policy that serves national interests is to honestly and openly discuss, debate, and analyze the underlying and most often unspoken concerns at the heart of the immigration challenge. And Americans must be willing to concede that, more often than not, the American system of immigration, while far from perfect, might actually be working

America's Schizophrenic Immigration Policy Race, Class, and Reason

The historical purpose of American immigration policy was to provide a haven for those fleeing persecution and those seeking prosperity, as well as to satisfy workforce and frontier-expansion needs. However, a survey of U.S. immigration policy reveals that this historical purpose has been distorted and abandoned, if in fact it ever represented our nation's goal. This essay evaluates and critiques the effect that race and politics have had on immigration policy and enforcement, and on the public opinion that shapes our immigration priorities. This essay specifically questions whether immigration laws are equitably applied, without regard to the race or ethnicity of the immigrant

America\u27s Schizophrenic Immigration Policy: Race, Class, and Reason

The historical purpose of American immigration policy was to provide a haven for those fleeing persecution and those seeking prosperity, as well as to satisfy workforce and frontier-expansion needs. However, a survey of U.S. immigration policy reveals that this historical purpose has been distorted and abandoned, if in fact it ever represented our nation\u27s goal. This essay evaluates and critiques the effect that race and politics have had on immigration policy and enforcement, and on the public opinion that shapes our immigration priorities. This essay specifically questions whether immigration laws are equitably applied, without regard to the race or ethnicity of the immigrant