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The debate about tort reform is largely cast in terms of corporations versus trial lawyers, so it fails to capture what is really at issue: Are citizens in a democracy entitled to make decisions, or must they defer to elites at every turn? Tort reform is about replacing the methods of the Anglo-American common law with methods of European civil law. The issue is, ultimately, about whether ordinary people make the decisions that guide public life, or whether those decisions are made in corporate boardrooms.
February 04, 2008 at 12:00 AM
1 minute read
The original version of this story was published on National Law Journal
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