Unwarranted Entry: An Examination of the Supreme Court's Decision to Enter the Punitive Damages Arena

While the Supreme Courts possesses plenary power in several distinct areas of tort law, it has generally adhered to traditional notions of federalism and allowed the area of tort law, including the awarding of punitive damages, to remain with the states. Here, Tillman examines several reasons prompting the Supreme Court to step in and take a role in placing damage awards. He demonstrates that the information relied upon by the Court was not entirely accurate that the crisis was already being addressed by the appropriate bodies--the state legislatures.