Scott Dodson

Assessing the Practicality and Constitutionality of Alaska’s Split-Recovery Punitive Damages Statute

In 1997, Alaska responded to its “reputation[] for unusually high punitive awards” by amending its punitive damages statute. Under the new Alaska “split-recovery” statute, 50% of all punitive damages awarded to civil plaintiffs is to be “deposited into the general fund of the state.” Fear of tort liability has long plagued American businesses. In recent years, however, the perception has been that “punitive damages are skyrocketing” and are “run[ning] wild.” Regardless of whether this perception is accurate, there can be no doubt that fears

The Legacy of Ruth Bader Ginsburg

Ruth Bader Ginsburg is a legal icon. In more than fifty years as a lawyer, professor, appellate judge, and associate justice of the U.S. Supreme Court, Ginsburg has influenced the law and society in real and permanent ways. Her impact on the law cannot be overstated. Yet no book on Ginsburg’s legacy exists. This book fills that gaping void.This book chronicles and evaluates the remarkable achievements Ginsburg has made over the past half century. Including chapters written by prominent court watchers and leading scholars from law, political science, and history, it offers diverse perspectives on an array of doctrinal areas and on different time periods in Ginsburg’s career. Together, these perspectives document the impressive -- and continuing -- legacy of one of the most important figures in modern law.

A Revolution in Jurisdiction

This book chapter brings to light the enduring impact Ruth Bader Ginsburg’s opinions have had on the world of federal subject-matter jurisdiction. Subject-matter jurisdiction, often described as the “power” of a federal court, has attained a haloed status in federal jurisprudence over the years. I view Ginsburg’s jurisprudence in this area as a multi-pronged and multi-year attempt to desanctify subject-matter jurisdiction. She has led the charge to clarify and narrow when a limit is considered “jurisdictional,” has marshaled unanimous opinions undermining its “fundamental” stature, and has explored ways to “cure” its defects, all in the name of bringing pragmatism and sensibility to jurisdictional doctrine. In exploring these efforts, this chapter makes two contributions. The first is a systematic analysis of Ginsburg’s role — both as judge and justice — in pushing changes in jurisdictionality. The second is to offer some evaluative observations — mostly laudatory with a few gentle criticisms — of her efforts. Ultimately, I hope to illuminate this largely overshadowed area and give credit to the jurist whom I see as primarily responsible for its modern development.