Abstract This paper explores when punitive damages are appropriate in products liability cases as well as the general standards of liability to be found in various American states. From there the paper reviews what factors generally determine the amount of punitive damages to be awarded and how the awards amounts vary in different parts of America courtesy of state caps placed upon the amount of punitive damages recoverable at trial.
Abstract The paper explores different issues that arise when dealing with punitive damages. The author defines punitive damages and looks at why the ability to sue for this particular type of damages in court is so useful and at the same time, extremely rare. They often take several years to resolve. Punitive damage cases are often comprised of several people seeking to sue a large conglomerate, such as the tobacco industry, in order to prevent further harm to a large number of people. The O.J. Simpson civil case was an example of punitive damages being used as a way to ensure that a person was held financially responsible for their criminal act. These types of cases are small in number, but often make headlines because of the enormity of the settlements involved.
From the Paper "The use of punitive damages is particularly useful in cases where it is desired that defendants alter their bad behavior as well as recompense defendants. Doing away with punitive damages, particularly in the case of large corporations, could allow a company to compensate the individuals of the families they had injured, yet continue with the company's damaging behavior because it was cheaper and more cost effective to do so. A company could continue to use technologically inferior, polluting technology even after paying money to defendants because a case was tried in civil rather than criminal court. Yet in nearly 80 percent of product liability cases in which punitive damages were awarded, the manufacturer made a subsequent safety change. (McLarty, AATL Website) Also, because so many punitive damages cases have included such large payment amounts to defendants, this can be said to have caused safety to be taken into greater account in company manufacturing, thereby resulting in a safer America."
Abstract This paper discusses the effectiveness of tort law in providing compensation for environmental damage. It also looks at the ability of tort law to prevent environmental damage from occurring. The paper describes some of the obstacles suffered by tort law in fulfilling a central role in environmental protection, such as cost, evidence and standing and then looks at the limits to the limitations that exist in terms of tort law and environmental damage.
Table of Contents:
Developing, and Restricting an 'Environmental Tort': Issues of Locality and Use
Establishing the Causative Link and Proving Foreseeability
Further Obstacles: Evidence, Cost and Standing
Limiting the Limitations
The European Influence - Lowering the Hurdles?
Assessing the Use of Common Law Actions in Tort
From the Paper "Today there is a propensity to think of environmental protection as attained by the volume of specific legislation, but this does not mean that the role of the common law in environmental protection has become obsolete. Although perhaps a somewhat tenuous link, it has been argued that actions in tort are able to prevent environmental harm by deterring others from engaging in the same behaviour due to a fear of having to pay damages. However, Barbara Young, the chief executive of the Environment Agency, challenges such a rationalisation, arguing "the scale of penalties levied by the courts makes pollution and prosecution an acceptable risk and an acceptable business expense" . Naturally, the extent to which the extent to this will vary according to the polluting offender involved, however it would seem unlikely that the prospect of paying damages would have the same influence as the fear of facing an environmental regulator is set standards are breached."
Abstract This paper examines how, in recent years, there has been a marked increase in litigation related to recovering damages for emotional distress -- a kind of damage that is not measured by the extent of physical harm to an individual, but instead, measured by the extent of emotional and psychological harm inflicted upon an individual. Unlike determining the extent of physical harm, determining the extent of emotional distress or pain and suffering presents its unique share of challenges - particularly with regard to determining if, indeed, an individual has been inflicted with emotional distress and if that individual merits relief from the defendant or defendants. This paper looks at how assessing the nature and amount of relief to be awarded to the plaintiff also presents challenges to the judicial system.
From the Paper "The United Kingdom's judicial system it appears has taken steps to clearly define the criteria for nervous shock. For example, it has been determined that "the plaintiff cannot recover for experiencing normal human emotions such as the grief experienced when a loved one dies." There must be more than just an emotional response to a sudden and saddening event. See MIM v. Pusey, [1970] 125 CLR 383 at 394-395. With the shift of judicial decisions on emotional distress cases in the U.S. toward a generally "moderate" stance, it seems that the courts in the United Kingdom are also ruling on such cases - in particular on nervous shock cases - with more leniency and flexibility."
Abstract This paper discusses the links between poverty and environmental damage in the developing countries and their implication for sustainable development. Two developing countries are used as case studies
Tags: ENVIRONMENTAL STUDIES AND ECOLOGY / POLLUTION AND DEVELOPMENT, links poverty environment
Abstract This report examines lightning damage, particularly its effects on electrical systems, and protective measures than can be taken. It explains lightning and reviews lightning protection systems for both residential and commercial properties.
Tags: Lightning, Surge, Suppression, Electrical, Systems
Abstract This paper relates that hypotheses that attempt to explain stuttering point to the roots of this condition in the neurophysiology and/or neuropsychology of the individual experiencing the dysfluency. The paper further discusses that, while theories do exist that place stuttering into a behavior dependant on learning and conditioning due to environmental aspects, the fact remains that stuttering, whether learned or conditioned, is the result of a neurophysiological response manifested as dysfluent speech. The paper maintains that, upon examination of the nature of stuttering both in terms of research into etiology and effective treatment, the conclusion that stuttering is the result of brain damage is the one most applicable and probable.
From the Paper "According to earlier research statistics, approximately 25 to 35 percent of individuals who have developed stuttering sustained a form of brain damage, either at birth or during early childhood (Guitar, 2006). The reported factors, including anoxia at birth, premature birth, head injury, and mild cerebral palsy, all point to a disruption in the fetal development of a normal central nervous system (Guitar, 2006). Since there appears to be this correlation between brain damage and stuttering, research has been done to determine how brain functions are different in these individuals. Electroencephalographic (EEG) studies have shown a possible right-hemisphere dominance in terms of language production in individuals who stutter and cerebral blood flow (CBF) studies have shown these results as well (Guitar, 2006). "
Abstract This paper discusses the ability of Turkish authorities to cope with natural disasters that occur in the region. It looks at how they reacted to the 1999 Marmara sea region earthquake and the 2000 flooding and discusses how these events challenged the power of the Turkish state to properly ensure the security of its population. The paper then looks at the areas Turkey must improve in order to prevent such massive loss of lives and damages from occurring again.
From the Paper "Overall, taking into account the serious conditions facing Turkey in terms of natural disasters, it can be said that the authorities have acquired an important and useful experience from the past. The 1999 earthquake and the 2000 floods proved the devastation natural disasters can produce and their tragic impact on the human society. Therefore, in order to reduce to the minimum the impact natural disasters have on the human security in Turkey, more action and initiative must be taken in terms of a functional early warning system, as well as in the area of improving the conditions of rivers and their banks."
Abstract This essay discusses the issue of "damage control," a term used to describe the attempts of a candidate's public relations force to channel and direct public attention. The essay specifically refers to Rudy Giuliani's public relations force and their attempt at the task. The author expresses that this attempt was difficult due to negative publicity surrounding Giulani in relation to his close ally and former police commissioner, Bernard Kerik, who was involved in federal corruption charges.
From the Paper "Kerik was charged with corruption, for among other things accepting $165,000 in apartment renovations from a mob-linked construction firm, as well as indictment for tax fraud and other crimes committed while he was Corrections Department Commissioner under Giuliani. These are of concern for the Giuliani PR machine from a damage control standpoint, and public relations and integrity/character issue standpoint, so that Giuliani was in contact and advising Kerik during the time when the illegal activity for which Kerik was federally indicted for took place. Further, Giuliani actually called President Bush to recommend Kerik for the position of Director of Homeland Security "
Abstract This paper discusses how the 2005 hurricane season proved to be particularly intense and damaging. Hurricane Katrina caused a breech of levees and massive flooding and losses in New Orleans. Hurricane Rita was also almost as intense as Katrina but luckily did not cause as much damage. In particular, the paper looks at how it is important to recognize that hurricane preparedness is essential to minimizing the damage caused by hurricanes and how, given the margin of error in hurricane forecasting, the damage may not always materialize but failure to act on a hurricane warning could prove to be much more costly in life and property losses. This paper assesses the impact of Katrina and Rita in order to study Hurricane emergency response and what needs to be done to produce a response that would minimize loss of life and property.
Outline:
Abstract
Introduction
Forecasting Hurricanes
Hurricane Katrina
Hurricane Rita
Damage by Katrina
Rita Follows Katrina
Emergency Planning for Future Hurricanes
Discussion and Conclusions
From the Paper "The orbiting and geostationary satellites take visual and infrared photographs. The infrared photographs measure the temperature of the surface below it; the sea, the earth, the clouds etc. The temperatures are color coded for identification. The visible photographs provide information about cloud cover. As indicated by the solar radiation reflected by the clouds. These pictures determine the temperature of the ocean water, circulation patterns and the height of the cloud. The ground radars and buoys transmit weather data every hour to the weather data collecting stations. These factors help in forecasting the cyclones (hurricanes). "
Abstract This paper introduces and discusses the effect on business of El Ni"o, the name Peruvian fishermen gave the warm currents that would show up every few years just before Christmas. It shows how each occurance of the phenomena causes enormous damage in personal and business loss and causes flooding, property damage, crop damage and warming in some areas of the country.
Outline
Introduction
Thesis statement and definition of El Ni"o
Positive affects of El Ni"o
Agriculture
Decreased energy costs
Less snow removal, more jobs
Not as bad as previous El Ni"o
Negative affects of El Ni?o
NOAA results
Less heating costs in Northeast
Damage to crops
Higher prices
Affects to construction
Drought in Hawaii
Ski resorts lose income
Conclusion
From the Paper "The weather phenomenon known as El Niסo can both adversely and positively affect the business of a particular area. "In the 1982-83 El Niסo, floods did $1.2 billion worth of damage, and the following year's drought cost farmers $10 billion, but consumers in the Northeast saved a tidy $2.5 billion on heating bills" (Armstrong and Veomett 33). Since this is a reoccurring activity, business people should learn from prior events, and protect themselves from damage, destruction, and lost income as best they can. There are insurance policies available for some businesses, and they may be worth the cost in the worst-case scenario."
Abstract This research paper tests the idea that the personal computer and the programs that can be designed for it can be a strong, positive tool to help ADHD clients. The paper includes a discussion on the brain's ability to work around damage caused by injury or other insult, a discussion on different types of brain damage, and a discussion on the various ways for healing, or at least softening, the effects of brain damage. The paper also discusses motor, sensory, and autonomic function; the psychiatric aspects of traumatic brain injury; schizophrenia; and cerebrovascular disorder. It includes an extended discussion on the role MRI and PET examination in discovering what really goes in the formation and development of the brain in developmental disorders, including ADHD.
Current Empirical Understanding of Central Nervous System Neuroplasty
Neurophysiology of Intercerbral Neuronal Regeneration and Repair: Intra-
cellular and Extra-cellular Mechanisms.
Neuro-pharmacological Interventions in Neuroprotection and
Rehabilitation in Traumatic Brain Injury, Congenital Central Nervous
System Conditions including ADHD and Psychostimulant Medications.
Diagnostic Techniques in Neurorehabilitation including: PET, MRI, and
Neuropsychological testing (including: Stroop Color Word Test, and
Continuous Performance Tests) applicable to ADHD
Frontal Lobe Neuroplasticity in the Neurocompensation of Cognitive
Deficits in ADHD: A Focus on Executive Functions including: 1.
Response Inhibition (self-regulation); Problem-solving and Self-
monitoring; Working Memory; Planning and Organization.
The Rehabilitation of Attention using Computer Assisted Cognitive
Rehabilitation Programs including: Selective, Sustained, and Divided
Attention.
The Rehabilitation of Executive Function Using Computer Assisted
Cognitive Rehabilitation Programs including Response Inhibition (self-
regulation); Problem-solving and Self-monitoring; Working Memory;
Planning and Organization.
Review of Computer Assisted Cognitive Rehabilitation as a Treatment
Modality: A. Empirical Support, B. Limitations, and C. Future
Directions.
From the Paper "Can the information gathered about how the human brain works to begin with and then repairs itself after injury be applied to helping people born with some developmental dysfunction such as Attention-Deficit Hyperactivity Disorder popularly known as ADHD? Children and adults with this disorder display inabilities to pay attention to the task at hand, appropriately monitor their responses to stimulus and in a range of functions called executive functions such as planning and organization. Building and ordering these functions is what such people need and the hope for the future is that our new technologies can both give us better understanding of causes and provide new, more effective ways to treat ADHD. Besides the new imaging technologies, we also have our societies? love affair with personal computers."
This paper focuses on the 2001 U.S. Supreme Court case, "Board of Trustees v. Garrett", which explored the ramifications of the Americans with Disabilities Act, 1990.
Abstract The paper discusses the 2001 U.S. Supreme Court case, "Board of Trustees v. Garrett," where two University of Alabama employees wanted to sue a state for damages in federal court under the Americans with Disabilities Act of 1990. The paper explains the Supreme Court ruling that, although there had been discrimination, there was no clear pattern of discrimination on behalf of the state of Alabama as a whole regarding employees with disabilities and thus monetary damages were not appropriate. The paper is of the opinion that the conclusion that Garrett and Ash were not entitled to damages, merely because they worked for the state, was an act of injustice.
From the Paper "Title I of the ADA states that an individual with a disability is a person who has a physical or mental impairment that substantially limits one or more major life activities, has a record of such impairment, and/or is regarded as having such impairment by society. A qualified employee or applicant with a disability must not be barred from employment if, with or without "reasonable accommodation," they can perform the essential functions of the job in question" ("Facts about the Americans with Disabilities Act, EEOC, 1997"). Reasonable accommodation includes "job restructuring, modifying work schedules, reassignment to a vacant position," as was requested by the defendants ("Facts about the Americans with Disabilities Act, EEOC, 1997"). "
An El Nino event manifests as the appearance of warm sea surface water in the central and eastern Pacific Ocean near the equator. This paper discusses the effect this event has had on Ecuador.
Abstract The writer gives examples of damage done to the country of Ecuador as a result of heavy rains. El Nino battered Ecuador harder than almost any other country. The paper also cites long-term effects of the damage, such as crop destruction and loss of property. The paper then looks at ways in which the country is learning to predict future storms, thereby allowing for preparation.
From the Paper "The Bermeo family had been driven from their small home and farm, looking for dry ground, unable to get into the overcrowded refugee camps. They had to swim to safety after a food swept through their valley and buried their farm in mud. Their pigs and chicks drowned and the smallest children were saved by climbing into a high tree until a neighbor with a boat rescued them. They said they were afraid of the passing cars and trucks, but more afraid of the water."
Abstract This paper explores the possibilities for vehicles in the future based on the fact that current car models are damaging to the environment. The paper begins with a background on current car models. The paper points out that there is a need for drastic changes to curb the levels of pollution and damage. The paper then suggests some alternative systems and analyzes their advantages and disadvantages. These alternatives include fuel cells, electric cars and hybrid systems.
From the Paper "Efforts to diminish the environmental damage of automobiles for the past fifty years have focused on adding control devices to the internal combustion engine and producing cleaner fuel. However, these gains are being offset by the increasing number of vehicles on the road. Many researchers have concluded that the 100-year reign of the petrol-fueled, internal combustion engine must begin to give way to a cleaner and more advanced technology. The future of automobiles rests in the hands of many competing efforts, fuel cells (hydrogen and methanol), electric cars, and hybrid systems to name a few."
