Don't tell juries about statutory damage caps: the merits of nondisclosure

Article Abstract:

Many federal and state courts are subject to laws prohibiting jury notification that the amount of money they may award for non-economic damages is subject to a statutory cap. Such laws stem from concerns that notifying a jury of a damage cap might exert an influence on the amount of the award unrelated to the facts of the case. Courts not subject to laws prohibiting jury notification should adopt a policy of nondisclosure with the aim of preventing the distortion of jury awards.

Interpretation and construction, Laws, regulations and rules, Instructions to juries, Jury instructions, Limitation of damages, Limitations of damages

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Shareholder litigation under indeterminate corporate law

Article Abstract:

The author discusses the value of determinacy in corporate law and explores sources of indeterminacy and suggests that increased enforcement and lesser sanctions may increase determinacy. The author argues that liability and indemnification insurance coverage for corporate directors and officers is a cost-efficient method to encourage necessary litigation.

Evaluation

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The first thing we do, let's pay all the lawyers

Article Abstract:

The author comments upon the arguments made in this Symposium issue by Ehud Kamar concerning increasing determinacy in corporate law by encouraging stockholder derivative suits and by using directors' and officers' liability insurance. The author believes Kamar's arguments are interesting, but unlikely to survive empirical study.

Economic aspects, Beliefs, opinions and attitudes, Criticism and interpretation, Kamar, Ehud

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