June 19, 2010

Modern liability state means less freedom for us all

By Peter Roff | Published: 06/17/10 at 12:00 AM

One of Shakespeare's plays includes a line about killing all the lawyers. Given the damage they do to the American economy by their abuse of our out-of-control tort system one can hardly blame anyone who adopts, in the figurative sense only, the wisdom of the sentiment.

The lawyers, along with the academy and federal and local regulators to name but a few of the major players, now orbit in a sort of informal partnership where each helps justify and support the others' continued existence through a sort of devil's bargain, the cost of which is ultimately borne by the ordinary citizen.

It kind of works this way. Lawyers fund an academic study which purports to prove a scientific theory. That study, through prominent media exposure, is used by pressure groups to influence regulators and politicians to take action. The ensuing political and regulatory actions often form the basis for product liability suits, the proceeds from which are used to fund new studies.