Aside from the tremendous cost to taxpayers, civil Gideon will be counterproductive in its supposed goals of helping the poor and making the legal system more accessible.
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Revivers and Retroactive Lawsuits Are Bad Ideas
If the legislature will not act responsibly, courts should aggressively protect the constitutional rights of parties when retroactive legislation creates new liabilities for past conduct.
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Patent litigation is broken, and Congress is every bit as qualified as--and often more qualified than--the courts to fix it.
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Unless Congresscaps damages, many businesses may be bankrupted forminor violations of the Fair Credit Transactions Act.
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The civil justice system is structured to create incentives for individuals and state governments to interfere with national policy goals.
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We should be cautiously optimistic about future developments as important cases about federal preemption and the scope of securities laws come before the SupremeCourt in 2007.
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Has the Class Action Fairness Act curbed abusive class actions, and will it do so in the future?
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Arbitrary and Capricious Product Liability Regimes
Noneconomic damages should be capped and objective safety standards established in order to provide a safe harbor for manufacturers from unfair liability.
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How has the national debate over medical-malpractice and medical liability reform been affected by a set of faulty studies?
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The inauguralLiability Outlook joins AEI's series of Outlook publications.
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