For those of you who are following the debate between professor Dan Markel and professors David Owen and Michael Krauss about the proper conceptual underpinnings of punitive damages, here’s Prof. Markel’s latest installment: Punitive Damages and Private Ordering Fetishism: A Response to Professors Krauss and Owen.
Links to Markel’s previous articles: Retributive Damages: A Theory of Punitive Damages as Intermediate Sanction and How Should Punitive Damages Work?
Links to: Krauss’ criticism and Owen’s criticism.
Hat tip: Prawfsblawg.
Related posts:
New Law Review Articles on Punitive Damages
“Through the Looking Glass: A Respose to Professor Dan Markel’s Retributive Damages”