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.

Tags:tort, reform, damages

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."

Tags:guilty, criminal, civil, financial, moral, asbestos, tobacco, oj, simpson, lawsuits, defendants, court, awards, money, measurable

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."

Tags:legislation, pollution, causality

Abstract
The paper contends that advances in imaging technology, made over the past five decades, have enabled the recognition of many of the cognitive and behavioural correlates of organic brain impairments. As a result, a new range of psychological tools has been developed that have proven effective as diagnostic indicators of lesions or other malfunctions. The paper concentrates on the frontal lobe regions. It reviews the types of damage that occur and the behavioural patterns and problems associated with them. The paper then examines and reviews measures that have been formulated to assess the nature and extent of that frontal lobe damage.

From the Paper
"The idea of cerebral localisation of psychological functions has existed in various forms since Gall (1935), but only recently have researchers been able to locate specific psychological processes to particular brain structures with any confidence; and studies of malfunction have been found to hold critical value here in identifying normal functioning. Kolb and Whishaw (2003) offer five discrete categories of psychological abnormality associated with frontal lobe lesions: (1) disturbances of motor functions; (2) loss of divergent thinking; (3) impaired response inhibition and inflexible behaviour; (4) poor temporal memory, and (5) impaired social and sexual behaviour imaging. Evidence, however, suggests a degree of overlap and interaction between categories. For the present analysis, the 'cognitive' categories, (2) and (4), will be discussed together, as will the categories relating to social behaviour and inhibition: (3) and (5)."

Tags:brain, psychological, abnormality, cognitive, cortex, dysfunctional

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). "

Tags:speech, neurophysiological, dysfluent

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 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."

Tags:judicial, system, damage, defendant

Abstract
In this essay the writer examines the issue of whether Kimberley Nixon should be awarded damages because Vancouver Rape Relief did not allow her to volunteer for them. The writer explains that this matter has been the subject of legal battles for years, and is still not resolved at this time. The writer describes that in 1995, Nixon signed on to be a volunteer for Vancouver Rape Relief. The writer then points out that at the first training session, a trainer questioned her about her gender. It is notes that she replied that she was transgendered, and she was then asked to leave, as the organization has a women-only policy.

Tags:controversy, issue, gender

Abstract
This paper focuses on the recent bankruptcy of Eaton's. Eaton's was a retail store chain which was not only an important part of Canada's culture but also its history. This paper examines who should be liable for damages resulting from the bankruptcy of Eaton's.