Abstract

Contrary to much of what has been said about the decision of the United States Supreme Court last term in Exxon Shipping Co. v. Baker, it hardly put an end to the discretion of American judges to make awards of punitive damages in cases within admiralty jurisdiction. Rather, it confirmed judicial authority to make such awards in the absence of legislative direction, rejected the view that the Clean Air Act signals any intent of Congress to foreclose them in cases in which that statute is implicated, and sets for them a cap, but only for an uncommon category of cases.