PointofLaw.com

spacer FORUM FEATURED DISCUSSIONS PoL COLUMNS LEGAL EXPERTS ARTICLES BOOKS LINKS MASTHEAD ADVANCED SEARCH

‹ ARTICLES

Judicial Nullification of Civil Justice Reform Violates the Fundamental Federal Constitutional Principle of Separation of Powers: How to Restore the Right Balance

Victor E. Schwartz and Leah Lorber, 32 Rutgers L.J. 907 (2001)

In a brilliant though little-noted litigation campaign, the organized plaintiff's bar has persuaded state supreme courts to strike down hundreds of legislatively enacted tort reforms, often by resorting to highly strained readings of state constitutions. Among the losers from the trend: the people’s right to govern itself democratically.




categories:
Politics
Regulation Through Litigation









 

Published by the Manhattan Institute

The Manhattan Insitute's Center for Legal Policy.