Tort Law and the Constitution
When should a court rule that a state statute "reforming" tort law (i.e. a law restricting the rights of tort victims) violates our constitution? Here are three interesting articles that discuss the issue, including one from my buddy John Vail in D.C.
Access to a fair court system to seek redress for a wrongful act may be a thorn in the side of certain groups. It may be a less than perfect vehicle for compensation. It may give rise to running debates over its proper boundaries. And, it may even let some dishonest plaintiffs benefit.
But, it is important for our society, as complicated as it is, to have a tort system in place. Professor Goldberg's analysis of the Constitutional basis for our tort law system is right on!
Mr. Howard confuses the marketing of legal services with the need for a functioning, constitutionally protected tort system. Free speech is also an irritant at times, but nobody cites the endless Viagra commercials as a reason to read it out of the Constitution.