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September 20, 2004


Proposition 64

Gail Heriot at the Right Coast has a posting on Governor Schwarzenegger, in particular his recent endorsement of California's Proposition 64. As Heriot explains, the proposition seeks to return the "standing" principle to California's notorious section 17200 law (i.e., to require that a plaintiff actually must show injury to himself in order to sue).

Our editor wrote a Wall Street Journal column last year, "The Shakedown State," that chronicled S. 17200 abuses against small businesses (see also Tim Sandefur's recent post here). Those wanting more background can look at the full transcript of an October 2002 conference we hosted for the Manhattan Institute, "Unfair Competition and Consumer Fraud Statutes: Recipe for Consumer Fraud Prevention or Fraud on the Consumer" (PDF). The panel discussions include leaders on both sides of the debate, such as Duke Law's Francis McGovern, plaintiffs' attorney Elizabeth Cabraser, and defense attorney Sheila Birnbaum -- not to mention our own Walter Olson (in a moderator's role). Among many postings at Overlawyered on the 17200 topic: Jul. 7, Jun. 30, and Mar. 12.

Posted by James R. Copland at 06:59 PM | TrackBack (3)



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