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Judicial Nullification of Civil Justice Reform Violates the Fundamental Federal Constitutional Principle of Separation of Powers: How to Restore the Right Balance

In a brilliant though little-noted litigation campaign, the organized plaintiff's bar has persuaded state supreme courts to strike down hundreds of legislatively enacted tort reforms, often by resorting to highly strained readings of state constitutions. Among the losers from the trend: the people�s right to govern itself democratically.

Victor E. Schwartz and Leah Lorber, 32 Rutgers L.J. 907 (2001)



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Rafael Mangual
Project Manager,
Legal Policy

Katherine Lazarski
Manhattan Institute

Published by the Manhattan Institute

The Manhattan Insitute's Center for Legal Policy.