Limitations on Punitive Damages Against Insurers Since State Farm v. Campbell: Lessons for Insurers
This article focuses on the limitations imposed on punitive damages awards by the United States Supreme Court, concentrating tm how these limitations have been applied by lower courts in actions against insurance companies. The article begins by examining the Supreme Court's three "guideposts" for determining whether a punitive award complies with due process. The article focuses on the compensatory damages predicate for determining a punitive award pursuant to the second "guide­ post" requiring trial courts to examine the ratio between actual and potential harm and the punitive award. The article examines what types of damages have been included in the predicate in bad-faith claims against insurers, and argues that under black-letter contract law, only the plaintiff's bad-faith tort damages should be included in the actual or potential harm side of the ratio. Finally, the article examines how the "reprehensibility" of insurers' conduct has affected punitive awards against insurers.
Taming the Tort Monster: The American Civil Justice System as a Battleground of Social Theory
doctrine. See Karl Llewellyn, Some Realism About Realism-Responding to Dean Pound, 44 HARV. L. REV. 1222, 1236-38 (1931) (presenting legal realism as "movement in thought and work about the law" within which certain points of departure are common); see also Roscoe Pound, The Call for a Realist Jurisprudence, 44 HARV. L. REV. 697, 697 (1931) (discussing approach of legal realists as requiring "faithful adherence to the actualities of the legal order as the basis of a science of law"). 8 RICHARD A. POSNER, THE PROBLEMS OF JURISPRUDENCE 12 (1990). 69 Id. 60 Id. at 13. 61 Id. at 12. 6 Id. POSNER, supra note 58, at 12.
Dawn or dusk of the 5th age of research in educational technology? A literature review on (e-)leadership for technology-enhanced learning in higher education (2013-2017)
The aim of this article is to establish the extent to which the concept of e-leadership has taken off as a lens through which to study leadership for technology-enhanced learning (TEL) in higher education. Building on a previous study conducted in 2013, this article thus covers an exploratory review of the literature for the period 2103-2017. It analyses 49 articles which explore both the specific concept of e-leadership as well as other work dealing more generally with leadership and organisational change for TEL in higher education. The findings show that while none of the empirical studies identified in the literature refer explicitly to e-leadership, there are a number of interesting insights to be found in the theoretical articles. The results also highlight the widely different interpretations and applications of the concept of e-leadership and the consequent need for the definition to be refined. The paper concludes with recommendations for further multidisciplinary research at the intersection of the fields of educational technology and educational management, focusing on values, strategy, organisation and leadership interactions at meso level, the economy and public policy at macro level, and teaching and learning at the micro level, as well as for research in Leadership Development for TEL.