Thursday, August 22, 2013

From the annals of bad law:
By midcentury some thinkers in the law schools and elsewhere had come to see lawsuits as a kind of surrogate social insurance, identifying deep pockets from whom accident victims might obtain compensation. Justice Roger Traynor of the California Supreme Court, in an influential concurring opinion in a 1944 case called Escola v. Coco-Cola Bottling Co., led the way by proposing that courts should not have to find that manufacturers had behaved negligently to hold them liable for injuries resulting from defects in their products: "Even if there is no negligence … public policy demand that responsibility be fixed wherever it will most effectively reduce the hazards to life and health inherent in defective products that reach the market.”
- "The Rule of Lawyers", by Walter Olson, via Megan Mcardle
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