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Volume 110 - Issue 2

Integrating Investment Treaty Conflict and Dispute Systems Design

By Susan D. Franck. Full text here. The debate on the renewal of the Trade Promotion Authority Act has brought public scrutiny to the terms of investment treaties—including dispute resolution provisions. In a so-called litigation explosion, investors resolve disputes against host governments through international arbitration mechanisms in investment treaties, and there is little evidence of reliance…

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Punitive Damages and Valuing Harm

By Alexandra B. Klass. Full text here. In 2003, the Supreme Court created a presumption that only single-digit ratios of punitive damages to compensatory damages would satisfy substantive due process limits. The Court also created an exception to this presumption, applicable when the defendant’s misconduct results in only a small amount of compensatory damages or…

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Playing with "Monopoly Money": Phony Profits, Fraud Penalties and Equity

By Craig M. Boise. Full text here. Although most U.S. corporations do not pay federal income taxes, over the last several years some corporations have been willing to report, and shell out to the Treasury, hundreds of millions of dollars in taxes that they did not owe. They did so to conceal the fact that they…

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