Lousy economy, uncertainty, disappointment about not being able to retire - all these breed the need for heroes. Think the easy rise of Hitler in a broken Germany.
In his article in the October 22nd edition of THE NEW REPUBLIC, John B. Judis discusses "Heroism's grip on the political subconscious." After some bad knocks they've seen to learn from, the plaintiff bar and state attorneys general seem ready to resume that grip.
In the Wisconsin Supreme Court oral arguments about the lead paint personal injury "Godoy" case, Motley Rice attorney Fidelma Fitzpatrick, for example, argued points of law, not populist rhetoric. The latter did not play well with the Rhode Island SC Justices. And New York AG Andrew Cuomo, along with California AG Jerry Brown, has mastered the art of selecting the right missions. With the Wall Street meltdown, folks losing their homes and cyberspace crime, there are plenty of worthwhile causes.
Tort reformers could lose all we have gained during the past decade. That could happen if we don't stay ahead of the new games emerging. I recommend - literally - reading about game theory. One doable source is "Game Theory: A Very Short Introduction" by Ken Binmore.
Between tort reform and deregulation, you've successfully defanged all of the protection for ordinary people. Congratulations.
Posted by: Learned Disciple | October 07, 2008 at 07:54 PM