The effort to rein in lawsuit abuse in the United States is a bit like the old arcade game "Whack-a-Mole." Just when you knock down one abuse, another pops up. This frustrating dynamic is the result of the creativity and political savvy of the class action and mass-tort trial bar -- whom we at the Manhattan Institute call Trial Lawyers, Inc. It's also the product of America's inverted legal federalism, in which the decisions of one state or local jurisdiction can dictate the terms of national commerce. ...
America's system of race-to-the-bottom, lowest-common-denominator legal rules is a clear impediment to our businesses' competitiveness. ... Progress, however, is still possible. Indeed, overall improvements in the American litigation climate over the last decade owe little to federal reforms, save the Class Action Fairness Act of 2005. Tort reformers will have to continue to work, as they have been, state by state -- hitting each mole, in turn, that rears its head.
Copland on magnet courts
- The Philadelphia Story
- Shareholder activism: James Copland on 'This Week in the Boardroom'
- Cert grant in The Standard Fire Insurance Co. v. Knowles
- CLP Director James Copland in the Washington Examiner
- Lawyers and law firms contribute heavily to the presidential campaign
- New Podcast: Season-end report for the 2012 proxy season
- Some Supreme Court roundups
- Medical malpractice reform in New Hampshire
- On that other Supreme Court decision this week (concerning corporate political speech)
- James Copland: Don't believe the hype about corporate political spending
- James Copland on overcriminalization: NY prosecutors have too much power
- House Judiciary passes asbestos trust reform
- "The Trial Lawyer Paycheck Act"
- Former SEC commissioner Paul Atkins on shareholder activism and corporate political speech
Center for Legal Policy at the