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Recents Comments from Supremacy Claus

1.
Mr. Peck's summary of a survey of judges about Rule 11 is shocking. Overwhelming majorities of judges want nothing to deter abuse of process by lawyers. It reveals the judge mentality that rigs the system in favor of lawsuit abuse. Would "loser pays" eliminate frivolous lawsuits and defenses?
2.
Loser pays runs a risk. Judges are indoctrinated to promote litigation, generating a need for their positions. If their cases disappear, they may bias their actions and influence the jury to favor the plaintiff more often. Defendants in Florida regretted Would "loser pays" eliminate frivolous lawsuits and defenses?
3.
I commend Prof. Hadfield for her courage to not censor comments that address fundamentals. Most lawyer sites have zero tolerance for such, banning anyone who questions core assumptions. The discussion has addressed judicial review, and the effect of judge manipulation What is the role of the courts in making social policy?
4.
Here is another outcome, not of judicial review, but of ordinary torts, an under-appreciated effect of court activity. Immunity and liability grow and shrink the entire enterprise, and not just misconduct. Torts represents a stealthy, again unauthorized, incompetent, self-dealing, industrial What is the role of the courts in making social policy?
5.
"Judicial activism" is not mere synonym for "adverse decision making," except in the view of biased academics. Its outcome can have empirical quantification. Scalia led the dismantling of sentencing guidelines, over a series of five or more decisions. Now, cities What is the role of the courts in making social policy?
6.
All lawmaking is human experimentation. It requires testing for safety and effectiveness in pilot, small jurisdictions. If effective, test again in a larger jurisdiction. The legislatures fail to appreciate that, to test their rules for unintended consequences, and even to What is the role of the courts in making social policy?
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