This article casts suspicion on all torts today. They may all be pretextual (false use of the law).
1) Yet, I don't know why it takes 74 pages to miss the self-evident. Those without assets are judgment proof. He also missed the Rent Seeking Theory as Grand Unifying Theory of Not Just Appellate Decisions, But All Lawyer Decisions (the so called GUTNJADBALD).
2) Here is something else he missed. Goofiness of torts, rejected by juries. It is goofy to believe that rare accidents can be foreseen. That is the central doctrine of negligence. I demand that the authors give me the four numbers for tonight's lottery. They are far more likely to correctly do so than to foresee a car accident at the most dangerous intersection in the nation.
3) Why do scams die? They did not produce enough money for the effort of the scammer. Or, people learned from experience, and stop responding to the scam. Scholasticism methodology of church and law is not just a false theory, a scam, but is also a robust business model. So, many heretics burned at the stake were wealthy. The church seized their property. The church has moved on from Scholasticism, the best of thinking and technology of 1250 A.D. It did so hundreds of years ago. It apologized for the Inquisition, the business end of Scholasticism. The goofy, ridiculous, American lawyer continues to milk its Rent Seeking strengths.
The sole remedy is to end all judicial and governmental immunities. That fairness would accelerate the cycle of tort death by raising the risk cost of false torts. It would bring the great benefits of torts to those that inflict them on others. See how they like it.
Reverse Hans by statute. Repeal the corrupt, self-dealing Eleventh Amendment. Pass Constitutional amendment ending all self-dealt, lawless judicial immunities. Pass another ending res judicata, which is just another self-dealt, corrupt judicial immunity. The oppressors on the bench are not just incompetent, but also intentionally predatory. They make stealthy industrial policy without competence nor authority. They transfer massive amount of funds from the productive to the parasitic, mostly to lawyers.
The sole justification for such immunities is that the immune sovereign can never be wrong, speaking with the voice of God, a violation of the Establishment Clause. This article shows, the sovereign is often wrong, and reverses himself.
So, it is learned that the justices knew that smokers cost less to government by their earlier deaths, not more, as claimed in the tobacco settlement. All tobacco money gets returned, with triple exemplary damages for scienter. Take a state down. Bankrupt the voters that elected these incompetent, self-dealing predators to the bench. To deter.
The tort claim is a product, dangerous in its intended use. This article shows, they get defective and obsolete.
2 years ago