University of Southern California

Volume 81, Number 2 (January, 2008)

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    Event Jurisdiction and Protective Coordination: Lessons from the September 11th Litigation
    Report by Robin J. Effron

    Shortly after the tragic events of September 11, 2001, Congress passed the Air Transportation Safety and System Stabilization Act (“ATSSSA”). The September 11th Victim Compensation Fund (“VCF”) was the centerpiece of the statute and provided a source of no-fault compensation to the tragedy’s victims and victims’ families. The ATSSSA also permitted victims to pursue traditional litigation instead. The ATSSSA contains three “jurisdictional” features that have shaped the path of the litigation....

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    Punitive Damages, Retribution, and Due Process
    Article by Mark A. Geistfeld

    Tort law provides awards of punitive damages for reasons of deterrence and retribution. In light of a recent decision by the U.S. Supreme Court in Phillip Morris USA v. Williams, the retributive rationale for punitive damages will inevitably come under heightened scrutiny. The case involves a punitive award of $79.5 million, which is ninety-seven times greater than the compensatory damages, making it constitutionally suspect for exceeding the single-digit ratio between punitive and compensatory...

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    Turbulence in the Airline Industry: Rethinking America’s Foreign Ownership Restrictions
    Note by Josh Cavinato

    The dawn of the twenty-first century has proven to be one of the most tumultuous times for the U.S. airline industry. Industry losses have soared past a staggering $40 billion since 2001, sending four of the top seven airlines—United, Northwest, Delta, and USAirways—into bankruptcy protection with others, such as American, narrowly averting the same fate. One estimate put half of all seats on U.S. airlines as belonging to bankrupt carriers. At a time of relative economic growth for the economy a...

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    Balancing the Scales: Expanding the Family Movie Act to Protect Consumers After Clean Flicks of Colorado, LLC v. Soderbergh
    Note by Joel M. Purles

    In July 2006 the District Court of Colorado released its Memorandum Opinion and Order for the case Clean Flicks of Colorado, LLC v. Soderbergh. The decision stands as the culmination of events that included accusations, finger-pointing, judicial appeals, massive impleadings, academic debates, congressional hearings, and even statutory intervention. The specific issue that the court faced, which is still under discussion today, was whether companies that edit consumers’ personal copies of motion...

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