Over at Point of Law, Jonathan Wilson, who in addition to a job, has written a book which I have just ordered, works on his own blog is now a regular at Point of Law. He and I have been discussing (while seemingly agreeing on just about everything) about the philosophy of tort compensation.
I noted today that the Secretary of the Treasury is taking a swipe at the “unscrupulous trial” bar. (Of course, he doesn’t mean you Evan or any of my other friends and acquaintances who are trial lawyers yet still seek truth, justice, and the American way — but don’t have blogs —so I can’t link to them.) What I find interesting is that I probably wouldn’t have linked torts to terror until after reading the Rand Study on the Victims Compensation Fund. One of the concerns underlying the passage of the Act is that tort lawsuits would have clogged the court system post-9/11. The question I ask is why? How can these actions by fanatical suicidists be foreseeable? I have always though about tort reform as civil procedure reform, but perhaps there needs to be some rethinking about causation and compensation.