Moreover, as Mark Pauly points out, here Medicare has an advantage over private insurance, by virtue of punitive power of federal law.
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In addition, Exxon says, maritime law limits punitive damages.
But even there, judges will have room to question contracts that are too one-sided, eliminating punitive damages or penalties available under state law, or excessive fees.
But the pressures of the election campaign drove Mr Straw to embellish these sensible proposals with several crowd-pleasing punitive measures that are now destined to become law.
The only way around this simple fact is to discard any notion of non-discriminatory taxation and equal treatment under the law and design the tax code as a punitive instrument to redistribute income.
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Few knowledgeable people dispute the growing evidence that BP was negligent in the way it bungled the completion of the well and caused this blowout, and that its negligence was "willful and wanton, " terms used in maritime law for centuries to provide for the award of punitive damages against this kind of egregious misconduct.
Economists such as Mitchell Polinsky, of Stanford Law School, and Steven Shavell, of Harvard Law School, argue that to deter harmful conduct, punitive damages should be equivalent to the amount of harm caused, multiplied by the inverse of the probability of detection.
Their argument: The lower court's decision is in line with common law, which gives people the right to sue corporations for punitive damages when a manager (or a captain, in this case) was reckless.
Mitchell Klein, an attorney with Bryan Cave LLP, predicts the justices will rule that punitive damages can't be collected against a company when a manager is solely at fault in a maritime law case.
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