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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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Isaac Gorodetski
Project Manager,
Center for Legal Policy at the
Manhattan Institute
igorodetski@manhattan-institute.org

Katherine Lazarski
Press Officer,
Manhattan Institute
klazarski@manhattan-institute.org

Published by the Manhattan Institute

The Manhattan Insitute's Center for Legal Policy.