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Civil Justice Law Blog
New York, NY
News and analysis on the U.S. civil justice system
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The other interesting thing to note in all of this is that in the late 19th and early 20th centuries, conservatives on the Supreme Court might have recognized the absurdity of regulating government employers - through tort liability - less than we regulate private employers through the same. At that time, it was conservatives on the Court who insisted upon limiting the regulation of employment (and everything else) to the "public" sphere, in the application of the 14th amendment right to "equal protection." In that public/private dichotomy, post-Reconstruction judicial conservatives argued for example that equal protection should only be guaranteed in the realm of official government business. This was, of course, the judicial justification for Jim Crow and the dismantling of Reconstruction-era laws, but it tells us something about the nature of the judicial right-wing today and how it has changed that Justices Scalia et. al are unconcerned with a regime of regulation through tort liability that makes the state LESS accountable than private businesses.
@Joe, thanks
So, according to the Chamber of Commerce, when individuals sue corporations to protect their rights, the lawsuits are frivolous and unfair to businesses. But when the Chamber launches an endless stream of litigation against taxpayers on behalf of big business, this is somehow an appropriate use of the civil justice system?
We're hearing great things and can't wait to see the film. Do you know when it's scheduled for release?