The article discusses how courts determine punitive damages in legal cases. They propose that when harm is hard to measure, courts should consider awarding higher punitive damages to make things fair. Lower courts sometimes stick to a rule saying punitive damages should only be a small part of compensatory damages. But this can lead to issues when harm is tricky to assess. The article suggests that courts should focus on the actual harm done and award punitive damages accordingly, even if it goes beyond the compensatory damages. They also suggest splitting the punitive damages in cases involving harm to public resources, to help with environmental cleanup. This approach aims to balance fairness with the goals of punitive damages.