Worse than TXO: substantive due reasonableness in BMW of North America, Inc. v. Gore

Article Abstract:

The U.S. Supreme Court in BMW of North America, Inc. v. Gore took upon itself the authority to review state punitive damage awards, a task for which it is not well-suited and which represents an unwarranted infringement of state powers. The decision in BMW is unsound, logically incoherent, and a misapplication of precedent. The majority opinion gives lack of adequate notice as a reason for overturning the punitive award, even though there is no relationship between notice and the excessiveness of a penalty.

Exemplary damages, Punitive damages

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An improper extension of civil litigation by indigents

Article Abstract:

The US Supreme Court in M.L.B. v. S.L.J. wrongly applied the Due Process Clause in reversing the Supreme Court of Mississippi's denial to force the state to pay court costs for an indigent civil litigant in a parental rights case. The Court founded its reasoning on Griffen v. Illinois although Griffen dealt with criminal proceedings. The majority classified parental rights cases as falling between criminal and civil proceedings, allowing the application of the Griffen analysis.

Termination of parental rights

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