Adam Liptak’s ‘Sidebar‘ column in the New York Times ran the following opening line yesterday: “Two years after Exxon was hit with a $5 billion punitive damages award for the Exxon Valdez disaster, Prof. William R. Freudenburg’s phone rang. The call propelled him, the professor said the other day, into ‘an ethical quagmire of the bottomless pit variety.'”
Freudenburg, a sociologist, explains how the phone call was from an engineer at Exxon who wanted to fund him to carry out a study with a ‘dim view of punitive damages.’ The engineer said the study was imperative as the case would eventually reach the Supreme Court and empirical evidence establishing a negative stance on punitive damages would prove useful… especially if published in an academic journal.
Professor Freudenburg, who now teaches sociology at the University of California, Santa Barbara, took Exxon’s money and conducted preliminary research. Exxon stopped supporting the study when the early findings did not point in a direction helpful to the company. But Exxon did help pay for several studies critical of punitive damages that appeared in places like The Yale Law Journal and The Columbia Law Review.
The evidence ended up in the Supreme Court proceedings…
As the engineer predicted, the case did reach the Supreme Court. In a 5-to-3 decision in June, the court said the appropriate punishment for dumping 11 million gallons of crude oil into Prince William Sound in Alaska in 1989 was no more than about $500 million, a tenth of what the jury had awarded. But the court also addressed the aggressive effort to reshape the academic debate over punitive damages. “Because this research was funded in part by Exxon,” Justice David H. Souter wrote in a footnote that has rocked the legal academy, “we decline to rely on it.”
Read on… what do you think? What are a sociologist’s ethical obligations in this situation?
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