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Sunday, January 11, 2009
George Will :: Townhall.com Columnist
Running at Recess
by George Will
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WASHINGTON -- Called to a Florida school that could not cope, police led the disorderly student away in handcuffs, all 40 pounds of her 5-year-old self. In a Solomonic compromise, schools in Broward County, Fla., banned running at recess. Long Beach, N.J., removed signs warning swimmers about riptides, although the oblivious tides continued. The warning label on a five-inch fishing lure with a three-pronged hook says, "Harmful if swallowed"; the label on a letter opener says, "Safety goggle recommended."

No official at the Florida school would put a restraining arm around the misbehaving child lest he or she be sued, as a young member of Teach for America was, for $20 million (the school settled for $90,000), because the teacher put a hand on the back of a turbulent seventh-grader to direct him to leave the classroom. Another teacher's career was ruined by accusations arising from her having positioned a child's fingers on a flute. A 2004 survey reported that 78 percent of middle and high school teachers have been subjected to legal threats from students bristling with rights. Students, sensing the anxiety that seizes schools when law intrudes into incidental relations, challenge teachers' authority.

Someone hurt while running at recess might sue the school district for inadequate supervision of the runner, as Broward Country knows: It settled 189 playground lawsuits in five years. In Indiana, a boy did what boys do: He went down a slide head first -- and broke his femur. The school district was sued for inadequate supervision. Because of fears of such liabilities, all over America playgrounds have been stripped of the equipment that made them fun. So now in front of televisions and computer terminals sit millions of obese children, casualties of what attorney and author Philip Howard calls "a bubble wrap approach to child rearing" produced by the "cult of safety." Long Beach removed the warning signs because it is safer to say nothing: Reckless swimmers injured by the tides might sue, claiming that the signs were not sufficiently large or shrill or numerous, or something. Only a public outcry got the signs restored.

Defensive, and ludicrous, warning labels multiply because aggressiveness proliferates. Lawsuits express the theory that anyone should be able to sue to assert that someone is culpable for even an idiotic action by the plaintiff, such as swallowing a fishing lure.

A predictable byproduct of this theory is brazen cynicism, encouraged by what Howard calls trial lawyers "congregating at the intersection of human tragedy and human greed." So:

A volunteer for a Catholic charity in Milwaukee ran a red light and seriously injured another person. Because the volunteer did not have deep pockets, the injured person sued the archdiocese -- successfully, for $17 million.

The thread connecting such lunacies is a fear permeating American life. It is, alas, a sensible fear arising from America's increasingly perverse legal culture that is the subject of what surely will be 2009's most needed book on public affairs -- Howard's "Life Without Lawyers: Liberating Americans from Too Much Law."

A nation in which the proportion of lawyers in the work force almost doubled between 1970 and 2000 has become ludicrously dense with laws. Now legal self-consciousness is stifling the exercise of judgment. Today's entitlement culture inculcates the idea that everyone is entitled to a life without danger, disappointment or aggravation. Any disagreement or annoyance can be aggressively "framed in the language of legal deprivation."

Law is essential to, but can stifle, freedom. Today, Howard writes, "Americans increasingly go through the day looking over their shoulders instead of where they want to go." The land of the free and the home of the brave has become "a legal minefield" through which we timidly tiptoe lest we trigger a legal claim. What should be routine daily choices and interactions are fraught with legal risk.

Time was, rights were defensive. They were to prevent government from doing things to you. Today, rights increasingly are offensive weapons wielded to inflict demands on other people, using state power for private aggrandizement. The multiplication of rights, each lacking limiting principles, multiplies nonnegotiable conflicts conducted with the inherent extremism of rights rhetoric, on the assumption, Howard says, "that society will somehow achieve equilibrium if it placates whomever is complaining."

But in such a society, dazed by what Howard calls "rule stupor" and victimized by litigious "victims," the incentives are for intensified complaining. Read Howard's book, and weep for the death of common sense.

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About The Author
George F. Will is a 1976 Pulitzer Prize winner whose columns are syndicated in more than 400 magazines and newspapers worldwide.
 
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It's gotten ridiculous
This country has gotten out of control when it comes to this. TV is filled with constant commercials by lawyers begging anyone and everyone to call them so they can "get the money they deserve." It's getting to where common people and business owners AVOID all manners of activity, including helping people for the sole purpose of not gettin sued.

I review stories like this routinely on my site. It's sad for our great country...

Brent Riggs
http://www.riggsreport.com

OBAMAS GOLD TEETH GRILL?
While posting a picture of Barack Obama giving a speech, Stopthepresses noticed that in the picture Obama appeared to have gold in his mouth. Stopthepresses digitally enhanced the picture and you can now see exactly what Obama has in his mouth. See it at, http://stopthepresses2.blogspot.com/2009/01/obamas-gold-te eth-grill.html

Creeping Criminalization
The only way to control a "free" people is to make more and more things illegal. If you don't like smokers, or whatever, pass a law, then you can arrest and incarcerate the offenders.

I work in NYC where basically everything is illegal. Fortunately, the city is too broke to enforce the amazing number of laws they've enacted.

So true.
There seems to be two(2) types of commercials on every TV channel. One for erectile dysfunction medications, the other for trial lawyers.

In the pocket
The Democrat party has been bought by the lawyer groups, so there won't be any sort of tort reform anytime soon.

Haven' You Heard?
All the 'po folks have a right to go after the money earned by hard working, prosperous Americans by any means necessary.
If you ain't got it by now the gov'ment is gonna get it for you.
Big Bad America is responsible for all the terrorism in the world, all pollution, natural disasters, and anything else that has gone wrong in the past 8 years. Bush caused all this and the MSM tried to hide it from the world but just couldn't.
So don't even think of making a mistake, an attorney could take the little you have left after the government has ruined the economy and taxed you back to the 1970's.

wow
I'm 23, and I remember playing "kill the carrier" at recess. Whoever has the football you tackle till you get the football. Classic. I would come home with scrapes and bruises and not even care. My parents would never go out and sue just because I had an ouwie. Whats a childhood without being hurt?

Now we have overweight kids that could roll into a ball and roll through a brick wall who get a scratch from a pencil and it's time to raise hell from the #2 pencil company. Come on people, live a little.

Justice + Truth
Mix in a little of the intuition & experience which everyone accumulates by age 18 and you have a good description of 'common sense.'

Now, try and find a commonsensical lawyer.

Blame Americans
Having combined the cult of safety with never having grown up, Americans need laws to keep them safe and shift the responsibility for all of their hurts to others. If the law bans, taxes or renders liable all acts that cause hurts, then no one should ever get hurt. Therefore, if someone gets hurt, the law must have been violated somehow and someone should pay, and pay big. This slave/casino mentality rejects liberty, common sense and the proper distribution of risk. It seems that Americans no longer want to be free because it's too risky, but they still want to get rich quickly by turning their harms into lottery tickets. The lawyers and the courts are simply catering to these slavish demands.


Do Something
Lets ask Barack to CHANGE this mess.

Judges? Lawyers? Dumb Jurors?
Methinks it all comes back to our education system and how we have really dumbed down America. We vote for these people that don't follow the constitution. When we accept such foolish conventions as an education system that teaches to the median (or below), half the students are bored and the other half can't keep up. When we accept the idea that a burned out phys-ed teacher is paid the same as an outstanding math teacher, it's no wonder that talented people don't go into teaching. There is more but it's already been said and not enough are listening. Not too promising a future when only a minority care about it. It seems we have a society that (the majority) want others to pay their way and only live in the present.

Dumbing down
As the saying goes, "You get more of what you reward". Since we are rewarding idiotcy, we have nutured more idiots.

This coupled with the victimization syndrome has been the stock and trade of the libs.


The real casualty...
...is the lack of respect for ALL law.A cynical public has been trained to disrespect all law as being "stupid",and "What can I get away with" mentality.So it harms us in many ways.

And let's not leave out a jury who is supposed to be a cross section of a community.If I was on a jury described in these cases,I would have no problem hanging that jury, if necessary,and the lawyers and judges be dammed!

Lawyers
Have you noticed that most of the House and the Senate are Lawyers? Therein lies much of the problem. The rest of the blame is solidly on 'We the people' for abdicating our responsibility to ourselves.

Undercaffeinated observations
1. Written warnings, no matter how clear and chilling, affect only those who can or will read. Before long, polyglot nannies will be stationed everywhere to warn people off everything that may be bad for them. (Don't lean the ladder against a moving vehicle. Has it been at least an hour since you ate? That blowtorch isn't meant for underwater use.) Sounds like the rationale for a federal make-work program that would dwarf the CCC.

2. The only hope of tort reform may be a class-action suit against the American Bar Association, the American Trial Lawyers (_sic_)Association, or Congress for messing things up so thoroughly.

3. Too many teachers and principals exhibit the classic behavior of bullies: they abuse those who tolerate abuse and run away from those who don't. Hence a long list of acts that seem inexplicable when taken together, e.g., expelling small children for drawing pictures of firearms, but condoning actual violence by able-bodied teenagers.

4. These are the same bureaucrats who swear up, down, and sideways that their latest revolutionary ideas for educational reform will work if funded properly -- that is, lavishly and eternally. This brings to mind two rules of thumb. First, reform rarely comes from the people most in need of reform. Second, idiots aren't a reliable source of good ideas.

5. A plaintiff may sue a charity over alleged wrongdoing, unrelated to the charity's mission, allegedly committed by a volunteer. But no voter, elector, or public official has standing to question the eligibility of a presidential candidate.

6. Time for more coffee.


If the courts
allow riduculous lawsuits to prevail then there should be a way to sue them.

Paleocon of 5:21
Haqven't read the column or any one else's post yet. Probably don't have to. You have pretty much said it all.

Is a paleocon the opposite of a neocon (whatever THAT is?)?

Lawyers and frivolous litigation
are extremely expensive to us all.

As Paleocon noted, fear of lawsuits has messed up the whole educational systme. I am an assistant teacher. Believe me, the behavior problems know they can not be touched. The cowardly school boards and superintendants are far more concerned with being sued than clamping down on students who can deliberately wreck a whole class.

Fear of lawsuits raises the cost of doing business. As Silent Cal noted, the business of America is business. The cost of business goes up, prosperity goes down.

Smart kids follow the money. Our brain power is not going into scientists and people who build or create something useful. Smart kids go into law, where the money is.

The best first step i know of is the British system that the trial lawyer of a client who brings a frivolous lawsuit pays the costs. The next is that a plaintiff in a civil suit must come in with clean hands. No 40 year smoker should be able to sue for lung damage.

Tomas Pain
What are you, some armchair intellectual from another century? Methinks? (you must have been a theatre/Enlgish major)

Your cynical take on education probably comes from the fact you are in NY where the teachers union protects the slobs and idiots that work there through the misguided efforts of the AFT. I was a memeber for 11 of 29 years, not anymore, still gainfully employed, talented, good at my job. You don't need a union if you are good at your job. Your blame goes to the unions, not the employees.

Youre medain comment doesn't cut it: "...half bored...half can't keep up..." because that means not one is taught, patently ridiculous. There are millions of talnted people in teaching and I am sure if I knew your profession I could go on a tear about the untalented and stoopit idiots in your profession, they are everywhere.

Maryland schools were recently rated best in the country. Move if you are so disgusted.

Social Suicide
All these explications of social stupidity and irresponsibility are kind of funny in a pathetic, ludicrous, detached sort of way but, much more tellingly, they're indications of a failing society. The more we move, or allow ourselves to be moved away from our JudeoChristian underpinnings - by the ACLU and their minions in the 'judiciary', the crazy academic whackjobs and the crazed left generally, both pols and people at large, the more corrupt and ungovernable we will become, till finally our Nation fails.
The formerly Christian USA was the hope and exemplar for the entire world and now, like so many execrable Europeans, we're throwing our Christian patrimony away, with all the good which has attended it.
It's progressed from throwing God out of the schools, through artificial contraception, abortion, social euthanasia, family and social breakdown - the whole litany - and now the survival of our Nation is in peril. We better wake up.

Fishoox
"...someone is culpable for even an idiotic action by the plaintiff, such as swallowing a fishing lure. "

Someone ELSE Geo. Obviously not the brilliant treble hook swallower.

Pistol
Greetings. Hope all is well in the Sunshine State.

Yeah, _Paleocon_ is something like the opposite of _neocon_. As near as I can tell, the latter term fits the group (which included Sidney Hook) that Buckley named the "anticommunist left."

Neocons hadn't been identified as such when Kennedy was president, but he might qualify for posthumous inclusion. He cut taxes more than anyone except Reagan, resisted the Soviet Empire (albeit amateurishly), and considered Joseph McCarthy a hero. If he were alive today, he'd be excommunicated from the Democratic Party. In fact, he'd be too far right to run for president as a Republican.

Anyway, the appearance of _neocon_ pointed out the lack of a term for someone on the anticommunist right. _Paleocon_ seemed to serve. _Anticommunist right_ is redundant, of course, but no moreso than the sportscaster's verb _to defense against_.

_Paleocon_ also refers to chronology and alienation. I'm the same age as Billy Idol, so I'm old enough to recall when television signals came through the air and telephone signals came through a wire. Sometimes I feel as out of place in this crazy world as a dinosaur might.

Pistol, Part 2
You're right. Smart kids do follow the money. Unfortunately, most of them follow it only so far. Hence the declining number of bright, able people in politics.

My hat's off to you for trying to do good in our incomprehensible educational system. I wish that I had the patience.

THE PRICE OF PROGRESS
The news today--43 States are considering releasing prisoners in order to save money. More than 40 State Governors have gotten in line 'begging' for 'bailouts'.
On the foundation of Common Sense our Countrys Constitution and Bill of Rights were written. Common Sense was the 'glue' that held togther the families who first settled here and with the building blocks of Common Sense, communities were established.
Survival of the fittest depended on Common Sense. American history reflects the struggle of our first families with extreme 'hardships' and how enough of them fought and overcame insurmountable odds to flourish.
Progress--'We've come a long way'. So far, that the American people can't see where we began, nor have the current and the last few generations been 'taught' the significance of our Countrys 'beginning' or to even care.
This is the 'price' of progress (the news of today) and has provided for our governments growth in 'power' OVER the American people, NOT for the American people. And it has 'cost' our society the loss of Common Sense, which will eventually 'cost' us our Country, our Constitution, our Rights and our Freedom, if not our very lives.
Where's the Common Sense? In:
Energy independence
Border security
Voter and election fraud
Committment to Military superiority for National Security
700 million dollar campaigns
The list goes on and on.
We NEED to 'Go Back To The Future' in order to save Americas future. We the People have risen, progressed--to the top--of the 'endangered' list.

Being an old geezer...
all I can say is, "HAS THIS COUNTRY GONE MAD?" From what I can gather, the majority of America isn't worth a tinker's dam, and is dragging all of us down the toilet.
It seems Americans envy the lifestyle of the Europeans, and are determined to emulate them. If you want to see America's future, it doesn't take a crystal ball -- just look at the European nations and you have your answer.
It's quite possible that my wife and I may live another 20 years (assuming the human race doesn't blow itself up beforehand) and it's certainly going to be an interesting ride.
I never thought in my wildest dreams that America would come to this shabby condition. All the blood, sweat and tears of the past 235 years have been for naught. The dreams of our early patriots have been wiped out in the short span of three generations.
With people like Obama, Carter, Clinton, Reid, Pelosi, Kennedy, et al, in control, we haven't no more chance than a snowball in hades.

Paleolithic One, i mean Paleocon
Dinosaur indeed. No need to feel like a dinosaur. The pendulum swings, The very definition of a wise person means there will always be more fools. Boring it is not. I am a bit impatient for this limbo to end and for Obama to take the helm. His starry-eyed supporters can vary from naively obnoxious to obnoxiously naive. They won't sober up until we have some reality to work with.

Social Mores
"I work in NYC where basically everything is illegal. Fortunately, the city is too broke to enforce the amazing number of laws they've enacted."

Haha. You know what they used to say John:

In France everything is permitted, even if it's forbidden.
In the US everything which isn't forbidden is permitted.
In Germany everything which isn't permitted is forbidden.
And in the Soviet Union everything is forbidden even if it's permitted - and in NYC too apparently. Loox like that's where our whole nation is headed now. Pretty pathetically stupid.
Honor and obey your lawyers.

World is crazy nowadays
Its gotten nuts about everything.

We have people blaming the wrong politicians for the economy (mortgage meltdown).

We have people forcing others to pray in schools.

We have yet other people legitimately praying in schools being forced 'not to pray' at times.

Ever since our government got involved in micromanaging everything,everything has been falling apart, whether it be prayer in schools, or children not allowed to be children, or politicians not doing their job, or etc.

Its a sad state, and we are as a country on the way out because of it.

The continued efforts by politicians will cause us to no longer be the USA we were for much longer (I bet decades or so)>

Paleocon
Teaching is my hobby. I retired (software engineer) in 2000. There are frustrating times, but 95 per cent of the kids are great. I am just an assistant now, but i've been hooked. Florida has an easy route to temporary certification for those with college degrees, which i am taking. Next year i'll probably work full time, if i can find a school which will let me do it my way. A lot of principals don't support their teachers, but a few still do. Also, there are magnet schools which can screen their students by grades. The yahoos are not a problem in these schools.

Long overdue article
and I see no end in sight.

Our local beach is overrun with stupid little nothing rules because the insurance companies insist on them.

The time will come when we can only go ankle deep in the water, or beaches are done away with entirely because no one can afford the insurance.

Sad.

Scott
Sorry to get you so riled Scott. New York is a "right to work" state and the teachers keep joining the union so blaming the union does not excuse the teachers. MD leading the pack doesn't mean much if the whole pack is under-achieving. I taught high school math my first two years out of college and have watched my five children and ten grandchildren with great interest. My main point with the median analogy was to suggest there is a much better way but most of the teachers I know aren't interested. For your information, I have a BS in math, an MS in computer science and an MBA and had a very successful career in software engineering. Now I travel, golf and fly-fish (retired at 49 years old and live on "ownfare") and have a very good life but am concerned about my progeny. Hang in there as I do realize that there are talented, motivated teachers out there.

in my case

In my own case, I will ignore the following:

1. Laws that force me to pray (that wont be too long in happening to us, but whether its chrisian or islamic remains to be seen.

2. Eniment domain grabs - will ignore any effort to grab my property, unless I am not only fairely compensated for the marketvalue but also get a piece of the pie of why the government is grabbing it for a private developer (Ie; If I dont get to be part owner of the reason for this beforehand then it wont happen, even at gunpoint.
This socalled government right will be ignored and violently fought against.

3. Illegal aliens. Will do what I can legitimately to avoid dealing with or hiring of or even serving a person if I can legitimately prove he is not a citizen or a visa holder.

4. Guns - My right to protect myself & my family from killers who break into my home is not going to be made illegal.
I will continue to protect my family since our government refuses to do its constitutionally required job of protecting me as a citizen.

Registration even is at times wrong as it can force one to give up this protection.



Use these lawyers for good ends
How about suggesting that these lawyers sue to get relief from government? Write a column suggesting (for starters);

Eliminate DUI/DWI stops
Eliminate curfew laws
Eliminate open container laws
Eliminate discriminatory taxes (tobacco, alcohol)

In Tallahassee FL Cops Raise Case -
From speeding tickets. Used to be law enforcement was a "friend." Now because of the phenomenon George Will Notes -- the changing nature of "rights," cops are increasingly turning out to be the bad guys.

No Johnny, don't take candy from strangers and especialy avoid the men wearing the funny blue uniform working for the State.

A Second American Revolution
because I don't recognize the original anymore.
I used to live in Minnesota and when I visited the parks that typified the prairie that the original settlers walked through to their promised land, I stood amazed at the fortitude it took for these people to do what they did.
When I think about that, and look at what we have become today, and I apologize in advance to those teachers who may be offended, but what is taught in Government Schools about our nation does not revere this nation and its accomplishments and can do attitude but majors on its shortcomings.
We have lost common sense in our politically correct world because we have to be "sensitive". We need to save the whales, the seals, the environment, and in our spare time the climate of the world.
We have to help the downtrodden own a house so they can realize the "American Dream", which has changed definition from the dreams of our Founding Fathers for freedom from tyranny to owning a home you can't afford so you will qualify for bailout money.

and where does all that tort money go?
look no further than the deomocrap party. the no 1 contributor to the deomocraps year after year? why, its those douchbags "slip and fall" attorneys. and the single biggest receipient of those contributions? why its none other than "slo Joe" Biden. more astonishing, because slo joe has pushed through favorable legislation regarding the nature of their "work", Deleware has become the banking capital of the tort bar, home to most major tort companies.

KILL ALL THE LAWYERS......William Shakespear

Too Many Law Suits . . .
We have too many lawyers and too many lawsuits, especially of the absurd kind. It ought to be against the law for lawyers to advertise on television to get customers for law suits. The insurance doctors have to pay is causing them to quit their medical practice.

CAN WE HAVE A LAW THAT WOULD LIMIT LAWYERS? Nope! The fox is in charge of the hen houses in both state and the national legislature.

Del

Paul @OK
Name one instance in the last 500 years when a Government forced anyone to pray a Christian prayer? Your first point is so silly I almost did not read the 3 additional points you made which I agree with.

A Very Old Issue with Many Forms
Use the same lens to look at product liability issues, medical malpractice cases, and the like and the common thread is the successful activities of the Trial Lawyers Association. Then look where their large political contributions go. If then you think the situation will ever improve, look again.

It seems to limit their use of government to do harm the people is to limit the powers and responsibilities of government.

WHAT SHOULD WE EXPECT
from a system that is set up for lawyers by lawyers?

No Common Sense
Can there be any better proof that there is NO LONGER any such thing as COMMON sense?
There are plenty of people in this country who want to create what is, in effect, an "antiseptic" society . . . a nanny-state . . . in which, everyone is "protected" from any risk, or even from any natural disadvantage in their own abilities . . . from the cradle to the grave. Yet, it is obvious that we cannot create an "antiseptic" society without creating a POLICE STATE. If everyone is going to be "protected" by the state from every risk, then they have to be "protected" from the harmful consequences of their OWN free, and possibly foolish, choices. Giving people liberty means that some people will, inevitably, use that liberty to do stupid and dangerous things. So, the nanny-state increasingly tries to curtail our collective liberty because SOME among us do stupid and dangerous things. And, the nanny-state also does so IN THE NAME of controlling COSTS that may be imposed on the taxpayers as a result of the foolish actions of people using their liberty to act like fools.
However, liberty, by its very nature, costs money. That is why we have armed forces and police forces that are, ALLEGEDLY, designed to PROTECT liberty. If we want INDIVIDUAL liberty (And what other KIND is there?), we naturally assume a common financial burden in paying for it. We also accept that some people will abuse their liberty, but that liberty itself should not be banned just because some people abuse it. Should the state be responsible for "protecting" me, an adult, from swallowing fish hooks or eating fatty "fast foods"? Why should anyone be able to SUE simply because they are confronted by the consequences of their own stupidity?

The Solution
I'm afraid that in the matter of school insanity, brought on by communist doctrine, we have to blame the victim - the teachers.

I do not understand how teachers can work under this absurdity. And as it is often in such cases of abuse, the victim has the power to stop it.

The teachers should quit en masse, just walk out. They are under no law to work at their professions.

They should walk out and announce why. Then we'd get some results. Americans would have to confront this immediately. They would have to deal with their ill-tempered monsters all the time. They would have to leave their jobs and tend to these little creeps. And then these parents would demand change and we would get some common sense in our schools.

All of our whinning on Townhall and other sites, no amount of writting government officials and editorials in newspapers is going to fix it. They're not listening. What do they care about correspondence?

This problem exists because we let it. The teachers submit to this terror, and have for years.

Until we, and the teachers, take bold, decisive and revolutionary action, our rulers and officials will simply ignore it.

Mr. Will...

We know the issue, and where the fault lies.

It'd be effective if you named some of those names and their affiliations, rather than being so nicey-nice about such an important issue.

Until then, you're part of the problem.

Everybody sue everybody else
The absurdity seems to be leading to a computer program that would enable everyone to sue everybody else on the planet daily for everything he does or doesn't do. We have a race to the bottom to replace civil society and the marketplace with the court. In the meantime lawyers and judges are immunizing themselves from lawsuits, except for disciplinary actions against lawyers that are used to silence critics of the system.

It is indeed juries and voters that allow this nonsense. We can't depend on lawyers to fix it. It doesn't help that judges don't allow common sense arguments to be made to juries, and that the only way to introduce counterarguments of that kind is for the defendant to countersue.

There are reforms that could be made that might help: liability caps, judicial rules changes, repealing of state bar acts. But ultimately e verything depends on juries, who need to know that judges can't be trusted.

http://www.constitution.org

The Oppression of the Law
The Oppression of the Law: It’s nothing less than slow or not so slow creep of fascism from the left. Of course, some fascism creeped from the right also with Bush’s Patriot Act and follow-on encroachments on freedoms and liberty.

Lawyers are far from indispensable; in fact they’re despicable.

Lawyers don’t know beans about how to effect sane change! They know how to obstruct, obfuscate, create red tape, manipulate (usually for the wrong reasons and effects), and teardown existing structures but in no way can they be truly constructive. They are a destructive force and not even an enlightened one at that. Lawyers are a profession exclusively dedicated to their self-interests. At this time we need enlightened construction or reconstruction. The change we’ll get is more of the same crud or worse but packaged as luscious chocolates and with B.O. painted as the savior of the country if not the planet. BALONEY!, I say!


In Fact
At any given time you are probably breaking the law in one way or the other. Everything seemed to get worse after that lady sued McDonalds for spilling hot coffee on her own lap and won. It's the age of no one is to blame for their own actions. I think most of us who are in our 50's today feel like dinosaurs because common sense will be leaving when our generation exits. It's become more of a country of PC little robots then people with individual thought with common sense and there are no signs of this getting better. When my kids were in school my husband and I were known by the school as "dinosaurs" and were even verbally told that at one point by the principal. We have a business and right now we are being sued by a lady who went by a jobsite with her Moped and drove into construction material and she decided to sue everyone on that jobsite. The problem is we were never on that particular jobsite but she is still suing us and we have to go through the time and expense of proving we weren't there. She went to the city and pulled every contractors name out of a hat that was registered there and sued them. It's not right but that's the way it is.

Having worked in an high school...
...for maladapted teens, and those who were simply not keeping up at the regular district high school, I can tell you that the parents of these kids were in love with the legal system.

The parents may have been dumber than soup sandwiches, but they shouted "I'll call MY lawyer!" whenever their living example of their failured parenting complained. They all seem to have one on retainer.

Some of the parental gems:

He only had one joint on him! You'll hear from my lawyer! (this was threatened due to the suspension the kid received for having drugs in school)

The basketball hit him in his head and now he has blurred vision! You'll hear from my lawer!

Your teachers demand too much of the kids! (note the collective reference) You'll hear from my lawyer!

And the list goes on.

Understand that this was an alternative high school, and most of the teens there were enrolled not because of good behavior. Many of them had over 50 school violations when they were enrolled, and that was before age 15.

Due to a spineless administration, most of these pathetic excuses for parents got what they wanted in the way of consequence elimination. It feared lawsuits.




One of the reasons.....
...some employers are hesitant to hire blacks is the latter's penchant for playing "the ghetto lottery".

With respect to the liberal lie regarding blacks that says, "last hired, first fired", something closer to the truth is, "last hired, first to sue".

Then again, the Democrats have blocked tort reform at every turn knowing full well that keeping the sick legal system alive pleases their constituents who exploit it salivating and happy.

Lawsuits kill businesses, and the jobs that come with them. For the parasites in our population, those who complain loudest about not being able to find a job, killing business and industry is a top priority via the ghetto lottery.

The Dems know this, but supporting a legally predatory voting block provides them with power. And the Dems are a majority in both houses as well as in the big house.

Want to change the tort system? Not a chance, homie.

JD is right....
...., but a majority of voters, especially teachers, have installed the very party that openly prevents any tort reform. This makes any kind of revolution mega-unlikely.

The Republicans had their chance, but like most other serious chances for positive and thus conservative reform, they took a pass and went RINO.

Majorities of voters keep these parasites in office so this is the kind of government the majority wants. Just shaddup, and pay the price.

TORT REFORM

.....We have it in Texas ...that's why medical professionals move here ...the Dems oppose tort reform ...why?

.....Personally I think that anyone who holds a law degree, except judges, should be barred from holding public office ...how many of our Senators and Congressmen hold law degrees? ...have I put my finger on the problem? .....COLOSSUS

Right
People used to joke that society had gone nuts. Now it has.

On the upside...
...of this issue; as I mentioned before, when I ran the alternative high school, a parent would grease up a lawyer for a lawsuit, and the latter would phone me with the complaint.

After discussing the issue with the attorney, nothing came of it, as a rule, and the breeder that spawned the social hemrrhoid just ened up with a bill.

Another downside, however:

Sue-crazy lawyers and parents take note: If you go over the head of the principal, and jump to the superintendent of the district you're targeting, you'll most likely get that handsome payday you're looking for. Most superintendents have enormous egos, and most of them will easily grant any amount of district money to keep said ego intact, and, as they see it, unblemished. After all, it isn't their money.

Superintendents of public schools aren't very bright people, and with or without a skirt, they're quite feminine in their beliefs. If female, you won't find an Ann Coulter in the bunch, and if male, you won't find an Ann Coulter in the bunch. As a group, they're wimps.

They have degrees in Education, and as one teacher with many years of experience once told me, the hardest part of getting a degree in education was finding a parking place at the university.

LAWYER ADS

.....When I was a lad lawyers were prohibited from advertising their services ...somewhere along this road to perdition we are on, this ban was lifted and now it is not uncommon to see Ads where lawyers solicit "victims" to sue anyone with deep pockets ...with contingency fees that can be as high as 75% to the lawyer ...

.....Getting a big settlement in court has become the poor man's Lotto jackpot .....COLOSSUS

Lawyers
This article does the best job I've seen in some time in underlining one of my base beliefs:

Lawyers should be barred from elected office at all levels of government.

Life would be one H**l of a lot less complex and probably cheaper..

PC is Thought Control
LEE

Lawyers 2
I can't believe it! A article with almost a 100% agreement:

If I may paraphrase; "We have way too many lawyers and far too many are in government"

I love it.

PC is Thought Control
LEE

The pro from dover
"Understand that this was an alternative high school, and most of the teens there were enrolled not because of good behavior. Many of them had over 50 school violations when they were enrolled, and that was before age 15.

Due to a spineless administration, most of these pathetic excuses for parents got what they wanted in the way of consequence elimination. It feared lawsuits."


My question is why have an alternative HS at all!? Especially since it seems the hands of that school are tied completely.

Lawsuits in the hands of the right people can be a useful tool. I sued and had a teacher removed for incompetence and discrimination. I also filed a lawsuit against a parent whose little darling continually disrupted the classroom. The school and the teacher had done all it could. This kid was a real piece of work whose parents sue the school continually, and the kid knew it and used it! So I counter sued them for violating my daughter's civil rights. Got a lot of crank phone calls over it...right up until a few other parents joined in the lawsuit. Suddenly that kid was moved to yet another school.

I would just once like to see a teacher sue the parents of one of these little brats for harassment.

"and the first thing we do . . .

is kill all the lawyers".


Unfortunately, it is "we the people" who keep electing these same scurvy snakes into office so that they can become scurvy politicians.
Do we really have anyone to blame but ourselves?
If we do NOT elect people who TRULY stand for INDIVIDUAL liberty AND individual RESPONSIBILITY, we have no right to be surprised when those who we DO elect pass nit-picking nanny-state legislation . . . which only INCREASES the centralization of government, erodes our personal liberty, and allows whiny spoiled thugs . . . of ALL ages . . . to be financially rewarded for their own stupidity and/or parasitical opportunism.

PROUD PAPA

.....JD ...I'm proud of you son .....COLOSSUS

What is happening to this country
Since when is it acceptable for sue for doing what kids do (playing on a playground). This is absolutely ubsurd. What are we turning our kids into? You lawyers out there are turning people into non caring, let see where we can make the biggest buck, whinny, fools. You people that are falling for any low life lawyer waving a lawsuit in front of your face are no better. What happened to being a kid at recess, getting a little scraped up, brushing your self off and continue playing? No, now we have these panty waste parents and lawyers that find it acceptable to sue. What are we teaching our kids? You all should just commit yourselfs for being a complete bunch human waste. And we wonder why insurance rates are through the roof and why kids are becomming nothing but a bunch of video game play, lazy nothings. We have the whinny parents to blame for this.

Brian

The Kangaroo Court
"We have a race to the bottom to replace civil society and the marketplace with the Kangaroo (my add.) court."

There's actually no court involved Jon, too many courts having devolved into kangaroo court political theater presided over by 'judges' acting in their official capacity as the social engineers for society; imposing their various corrupt and twisted ACLU endorsed agenda, and various scumbag lawyer hanger ons. It's remarkable stupidity that people so sheepishly put up with it and have for so long now.
Turn away from God and things go to hell fast as we're proving.

Lolo 1 Part I
I know exactly the kind of parent and miscreant you're writing about. I was threatened not with just lawsuits, but also with bodily harm from fathers who finally showed up from whatever bar they hung out in to help their put-upon social vermin larve.

Regarding the physical threats; I wasn't from the public education culture. I was from the corrections system, specifically, forensic psychology, and I'm also from blue collar family. I would just quietly tell the big bad daddy that I would be waiting for him in the parking lot. I even gave them a time to be out there, and said that if such time was inconvenient for them, let me know and I'll be there.

No a one ever gave a time, let alone showed up.

After learning that I would be undermined by the administrators in the very feminized system that is public education, I planned to work to the end of my contract, and then resign. I did just that. But in the meantime, I would do what I was hird to do. That was to bring peace and stability to the school, and that happened as well. For the first time in the school's history, kids actually earned scholarships, and after the word got out, parents from outside districts called and asked to enroll their kids. Simple discipline and quick consequences work.

Throwing out the predators and druggies - permanently - those age 16 and over (this is Michigan), was a first priority. Talk about an attention-getter for the younger students!

Lolo Pr. 2
After turning away a female school space-taker for the third time, the parent said, in front of our spineless superintendent and pathetic department supervisor, that I was guilty of a felony on a child, to put her phrase mildly.

I wasn't even there and didn't have to be because I originally threw the little tramp out, and she had been thrown out of a couple more other schools after that. Like many politicians, impaired parents are clueless as to their pathology.

The frustrated momma just needed to nail someone so she chose me since I wasn't around.
Keep in mind she wanted her little sh!t
back in the school I was running.

I asked the department supervisor, an over 30 year veteran of the system, if she stopped the mother after her slander, and of course, the wimp said "no". Teachers were rarely supported, fired or defended in our system. They just plug along while drawing chubby paychecks.

I greased up an attorney friend of mine who sent the momma a threatening letter. I was willing to go the cash to nail her hide to the side of the barn, and my attorney pal would have done it. That shut her up for good, and she continued on with their school search.

As far as getting rid of lousy teachers, an alternative high school has a very difficult time attracting emotionally or mentally stable ones. We had to keep what we could find, and most of those were pathetic.

Civil Grand Jury
What we need to combat this overreach of litigation is a civil grand jury. The civil grand jury would be impaneled to determine whether a lawsuit has prima facia standing. In other words, a grand jury of 12 would determine if a case, on the face of it, has legal standing. The civil grand jury could throw out because of the ludicris nature of the lawsuit many of these lawsuits that any reasonable person could see is the result of the stupidity of the person who claims harm by a product. The person who swallowed the fishing lure would be seen by the civil grand jury as just being the moron they are. If a case is found to not rise to the prima facia standard, then the case goes immediately to the court of appeals. If the appellate court reverses the decision of the grand jury, it goes to try. If not, the case can go to the supreme court (assuming they want to hear it) or it is a dead issue.

We need to cull the number of frivolous, preditory and wasteful lawsuits that every American pays for in higher costs and less freedom because the stupidest among us have access to lawyers to pawn off their culpabuility for their stupidity.

No, we are not able ....
The culture is all pervasive. In our part of the U.S. (Palo Alto, CA) our State Senator, Joe Simitian, has an annual contest for consituents to come up with suggestions for new laws.

As a career elected official with advanced degrees, Mr. Simitian believess that laws, more laws are the solutions to our problems. When your only tool is a hammer, every problem looks like a nail.

In the meantime, while Sen. Simitian and our clueless County, City & State government pass more and more laws, existing laws are ignored.

*Illegal immigrant crowd our hospitals, streets, and workplaces. No, we are not able to enforce our laws.

*Well fed, "Homeless" bums roam the streets pushing stolen $500 shopping carts, urinating in public, hassling shoppers. No, we are not able ...

*Unlicensed fruit vendors sell strawberries on the street corners, with no concern for the legal requirements for inspections, etc. No, we are not able ...

*To avoid the onerous urban forester (really!) with his fees for removing trees, each Sunday, when the inspectors don't work, tree removal companies hired by frustrated homeowners swoop in and -- unpermited -- remove "heritage" trees. No, we are not able...


*Hundreds of illegal apartments build into garages are occupied by people who pay cash to homeowners who don't want to submit to the onerous registration, inspection and rent restrictions required to be legal. No, we are not able ...

*Hundreds of Mexican men and women work for cash, without paying any taxes to clean our homes, do lawnwork and constuction. Most of these people collect County benefits -- why not, proof of citizenship is not required. No, we are not able ....

The pro from dover
The school system really reminds of the saying "Evil prospers when good men do nothing".

If more parents would get off their backside and put some effort into their child's lives, and the system that they are paying for, things would be a whole lot different.

I absolutely refuse to be tyrannized by the lowest life forms in our society.

I had to laugh in the case of both of our lawsuits. The lawsuits were filed on two separate occasions and years apart. In both cases the principals of separate schools thanked us. Their hands were tied in dealing with that student and that teacher.

IMO far too many people just shut up and take it. Sooner or later somebody has to confront the bully on the playground.

Shysers run amok
The shyster litigation culture in this country has cost hundreds and hundreds of billions in wasted resources and reduced productivity.

Will cites just a few of the absurd extremes we're driven to because of fear of shyster litigation (i.e. the type that doesn't sue because there's a legit issue; they sue just to get the out-of-court settlement...after you've been bankrupted of course).

And why? Because the Trial Lawyers Association is the #2 contributors to the Democrat Party (behind the Teacher's Union...big surpise, eh?). The Dems are in bed with the shysters and absolutely LOVE endless litigation because it fills their campaign coffers and is a way to "get even" with hated corporations.

Scotch Indian
So enter the contest and submit an entry about a law enforcing the existing laws...oh wait we already have that and they still don't enforce the laws.

Well you did give a prime example why California is headed for bankruptcy.

Kudos!

A new tax????
I am NOW recommending to President-to-be Obama a new tax! I call it the ILT - Idiot Lawyer Tax! Every time a lawyer does something idiotic, such as those listed in this article, they get a $10,000 fine. And if not paid within 24 hours of notification, it starts doubling every 24 hours with no maximum - other than "give all you got now and for the next 5 years"! Ha! Thought you would like this! Everyone Have A Nice Day!

I Might Have Suggested Smarter Judges --
-- to have Judges with the wisdom to look at a frivolous lawsuit and dismiss it out of hand, plus maybe find the plaintiff for contempt --

But then I remembered -- what are judges, except former lawyers? They're part of the scam to keep their cronies sucking up the $$.

Many Shall Be Offended...
And the love of many shall wax cold..

We've come to perilous times, indeed. At the heart of this mess is GREED. Greed has nearly destroyed our economy, killed 50 million babies in the womb, and brought Christians to the point that we are having to battle to keep our freedoms against militant atheists and to protect traditional marriage from those who would change something so basic to society as a man, his wife, and their children.

We've come to the age that people are so self-focused, they want their demands met, no matter what damage it might do to anyone else, or even to the country. The disastrous state of Social Security is a prime example of our sins finding us out. We murdered our future.

Surely the Old Roman Empire had nothing over on us as far as inner corruption and rampant sin.

If judgment isn't at the door, it's only because God loves mercy more than judgment. He surely has more patience than any of us would.

Loser Pays
It would help if we had some kind of "loser pays" system in place.

As it is now, lawsuits tend to be "Heads you lose, Tails you lose even more." The defendant pays no matter what happens, but the plaintiff has little or no risk of penalty. He has everything to gain, and almost nothing to lose. WHY NOT sue somebody? You might win and hit the jackpot -- or you might lose and pay nothing towards your lawyer's contingency fees.

We're all Doomed!!!
A couple years back, I started gathering examples of Really Stupid warning labels, and compiled a list proving that the human race is getting progressively stupier every generation.

Here are a few of the better ones.
(The stuff in parentheses are my remarks)

On a bag of Fritos:
You could be a winner! No purchase necessary.
Details inside.
(I guess it's okay to rip 'em open for free!)

~~~

On a bar of Dial soap:
Directions: Use like regular soap.
(As opposed to Irregular Soap?)

~~~

On packaging for a Rowenta Iron:
Do not iron clothes on body
(It would make things faster though!)

~~~

On Marks & Spencer Bread Pudding:
Product will be hot after heating
(It tends to get that way!)

~~~

On Boot's Children's Cough Medicine
Do not drive car or operate machinery
(Yeah, kids driving on dope. Not a good combination!)

~~~

On a string of Chinese-made Christmas lights:
For indoor or outdoor use only.
(Gee, I wanted to Eat 'em!)

~~~

On a Korean kitchen knife:
Warning keep out of children
(Unless they're doped up, and Driving!)

~~~

On a Japanese food processor:
Not to be used for the other use
(I'm not sure I want to know what
"Other Uses" there are!)

~~~

On Nytol (a sleep aid):
Warning: may cause drowsiness
(I'm no doctor, but isn't that the whole idea?)

~~~

On Sainsbury's Peanuts
Warning: contains nuts
(Warning! Air contains Oxygen!)

~~~

On an American Airlines packet of nuts:
Instructions: open packet, eat nuts.
(If you're this dumb, Stay Home!)

~~~

On a Swedish chainsaw:
Do not attempt to stop chain with your hands
(Of course, you'll only do it Once!!)


*Spam Alert!*

Check my Blog (click my nick) for my take on the Obama stimulus plan!

The New Raw Deal

*End Spam Alert!*

WHO CARES?
The sued lawyer says to the suing lawyer, "I will sue you for suing me."

The lawyer retained by the suing lawyer says, "I will sue you for suing my client."

The lawyer retained by the sued client's lawyer says, "I will sue you for suing my client."

et cetara! If we can keep these learned imbeciles suing and counter suing each other over meaningless crap perhaps the courts will finally get the message and say, "ENOUGH is ENOUGH!!!!!!!!!!!!!"


A little puzzling
Our government is a republic. A government of laws, such that it is designed to prevent other insidious forms of government from taking charge. Clearly we have declined into oligarchy(rule by a few) and oddly it seems that the system of laws that should have perpetuated our republic has been utilized by the lawyers to establish this oligarchy of their making in which they became the "few". Now all of the symptoms G Will points to are the foundation of this "new" system we are subjects of(or subjected to). Enough said about that,where in the hell did we go wrong? there has to be a tipping point and if we can find it perhaps we can leverage a change in our favor without executing all civil trial lawyers(admittedly a pleasing thought). BTW I could not while in college find a single "value added" argument with which to convince my parents to allow me to pursue a J.D and THANK GOD!!! That wisdom sustains my self esteem every time I drive by a completed accomplishment of my making.GOOOH(get out of our house) has a site that has, for a couple of years proposed removing anyone with a law degree from holding office. That should include judges' offices.

reply to Paleocon
Don't laugh, but the Wikipedia article on paleoconservatism is pretty accurate. It is at

http://en.wikipedia.org/wiki/Paleoconservatism

I'd add that as far as I can see, paleocons are really generic traditional conservatives. Or, you could say that paleocons are simply what everyone intereested in such things regarded as just plain old conservatives. The neocons try to explain why they should be counted as conservatives; paleocons don't have to do this.

Incestuous Relationship
A perfect circle. Lawyers are the dominent vocation of legislatures. Judges are lawyers. Lawyers bring suits. A perfect circle that keeps the system going. There is no way out.

Jury
It is a good thing I was not on some of the juries that awarded some of these judgments. I do not believe in rewarding stupidity. What we need is not less lawyers but more people in juries that have some common sense AND less stupid laws!

Meoilman
Ain't that the truth! Americans have no one to blame but themselves. Every misfortune becomes a chance to win the lottery compliments of juries or the obliging attorneys. Just once I'd like to see an insurance company direct their lawyers to tell the plaintif to go straight to hell. Of course, one needs to remember that the same crud goes on when someone dies a natural death; the heirs ought to be ashamed of the way they circle like sharks. Best to have one's will state, "I being of sound mind SPENT IT ALL."

P.S.
I agree with the comedian Bobby Collins--- time to dump some chlorine into the gene pool of this nation!

he's right, but
I just read this article in WaPo, but who is he talking to?

His paragraph that begins with "Time was rights litigation was defensive..."

True that. At least we know there is still one minority whose lives are compromised more than any others with government intrusion litigated by those whose will is through a belief system that isn't enforced to begin with.

Which is why litigation orgs such as Alliance Defense Fund exist in the first place. But their purpose isn't defense FROM government, so much as imposition THROUGH government on private citizens to get their way.

There was a time for the NAACP, ACLU perhaps not anymore. Their agenda sure strayed in the worst way, that's for sure.

And the Southern Poverty Law Center required some brave commitment from it's founding members and is still relevant today.

But the ADF?
I doubt that this is who GW had in mind, but they sure speak to being part of the problem as much as any other group whose full time job is litigation too.

Who's fooling who
The people filing these frivolous suits aren't fighting for fairness. They are the same people who took mortgages and home fixup from the government with no money down, knowing they would never pay their debts. They're just working the system. It's just another handout form a totally corrupt system.

The nanny state and the lawyer nation work well together. America's left has learned its lessons well and is fixing the books in their own favor.

Who of these leeches cares if their kid learns arithmetic? All he really needs to know in America is how to work the system.

Obama penalizing lawyers???
Anyone who thinks Mr. Ultimate Lawyer will do anything to penalize his shark brethren needs to lay off the sauce.

vote lawyers out of office
Maybe someone with organizational and blogging skills should start a movement to vote out all attorneys of either party, in order to take back government and restore common sense.

George is back
Bravo!

We need cap and trade
CAP the number of lawyers the law schools may graduate and TRADE our insane system for one that serves the people.

To JackpineSavage in MI
Thank you , thank you. It's been a chuckleless day until I read your list of product warnings!
Think I'll start paying more attention to package warnings.
And I wish more posts were humorous.

Instrumentalism
This state of affairs came about because about because in the late nineteenth century, a doctrine called "instrumentalism" became predominant in the field of tort law. Instrumentalism holds that the court system must become an instrument to redistribute succor from those who have it to those who do not. Justice is not the concern of instrumentalism (although some strains of instrumental thought hijack the concept and twist it to something unrecognizable). For this doctrine, the question of who is at fault is merely a thinly veiled pretext for action. The primary concern is determining who are the "haves," who are the "have-nots," and how the court can redistribute from the former to the latter.

Gestell
You know, for a Wikipedia article, that's pretty good.

One can do far worse than to be a "plain, old conservative," and I'm happy to accept that characterization. Of course it's a label of convenience. Like Fleming, et al., I'm not eager to conserve _everything_ that's been around a while solely for that reason.

Still the root of _conservative_ is the Latin _servare_, "to save," and saving is certainly a strong theme in conservatism -- saving individual freedoms from the arrogations of the state; saving our country, maddening as it can be sometimes, from the depredations of internal and external enemies; saving the past from the revisions and misunderstandings of the present; saving the future from the agendas and appetites of the present. . . Etymology doesn't always offer the last word on every subject, but it seems useful here.

Trial Lawyers protect people
Thank goodness for trial lawyers. They help people get justice from being injured, swindled, and abused by big business and reckless behavior of others. The callousness from George Will is not surprising. Conservatives generally hate human rights and justice and are frequently happy to see corporate profits rise as victims pile up.

The truth is trial lawyers and big settlements send a clear message to corporations about protecting the public. Fines and penalties help insure that citizens are not needlessly injured to save money and that human beings have recourse for the injustice served upon them.

Thanks to Bush's "Tort reform" (deform) victims of medical malpractice, food poisoning, faulty products, and financial fraud have their awards limited or altogether denied. That's right folks. Conservatives have insured that the corporations like Lehman Brothers and other sleazy Wall Street firms are nearly immune from prosecution and recourse from bad behavior.In fact, Conservatives gave Wall Street a $700B. bonus in YOUR tax dollars for their bad behavior. The fruits of Deregulation.

Corporations can now create MORE hazardous products and not be sued for injuring innocent victims. That's why we have so many toxic toys from China, melamine in the milk, and drugs and vitamins that are unregulated. You can't sue. Your rights have been sold out thanks to "Free-market" Conservatives who favor the profits of business over human health and welfare.

Scott -- MD Schools
I live in MD too and if they are the best then please explain to me why my step son is getting beat up in the bathroom on a daily basis. Please explain to me why I'm spending the extra money to send my daughter to a private school because when she went to public school she had things stolen from her the first day -- which necessitated the move because she didn't feel safe. I live on the ES so please explain this to me...just how bad off are the nations schools if MD is the first in the nation for best public schools.

WHAT IF
What if, a lawyer, who only charges a fee for representing a client (plaintiff) if and when the lawyer wins the clients case, could be ordered by the court, that if the lawyer loses his/her clients case, to compensate the defendant and pay all court costs out of the lawyers own pocket and be prohibited by the court to bill his/her client for this.
I believe, this would end most 'frivolous' lawsuits. This would make lawyers think twice before offering clients 'free' representation until cases were won. And it would motivate lawyers to only take on 'legitimate' cases and clients.

Common sense
Sometimes a lawsuit allows a person justice in their situation, but sometimes a lawsuit is started to fleece some cash from someone. Sometimes it is easier to settle than to see the case all the way to trial. Sometimes a judge must use common sense and dismiss a lawsuit as frivolous. If the person thinks the judge is wrong they can appeal.

Trial Lawyers protect people?
What is the author of that reply thinking. I can't tell you how many great surgeons have quit their practice because of the threat of lawsuits. It has gone out of control. People awarded 20 mil for spilling Mac coffee while they held it between their legs. Let's not for get John Edwards and his huge awards for MS because babies were taken out with forceps. (Of Course using forceps does not cause MS. I heard one of his closing arguments. " God is speaking to me through this dead child." Right. Maybe God was telling him not to screw around while his wife was suffering with cancer. We need more lawyers? Teachers can not look cross-eyed at a child. Doctors are being driven out of the practice. What was that guy during. Kool-aid?

Too Many Lawers
Lawyers are the problem in government and elsewhere. If we had more businessmen and women in government,we would have less stupid rules and laws.

Guess who supports trial lawyers. Why the left of course. The very folks who want to control us from the cradle to the grave and beyond. Useless idiots.

Waterboard a liberal (lawyer).

Safety
I work in the aircraft industry which is regulated by the FAA. The goal of the FAA is "Zero Accidents" (a goal supplied by congress). The only way to approach a zero accident level is to not move, which will by itself induce a different kind of danger. will we all die sitting on a couch or will it be in a padded cell?

lawyers ..

If I didn't have two children well on their way to becoming lawyers, I might be tempted to recommend Shakespeare's solution.

v/r,

-- Bud

Edmund Burke
In the first few pages of "Reflections on the French Revolution," Burke raises the question--and I paraphrase--liberty for what? For the criminal escaped from jail? For the lunatic from the asylum? Burke questions "freedom" apart from the specific "circumstances." He has polite contempt for "metaphysical abstraction."

Somehow this great man saw what was coming. This well-described reduction to absurdity of our "natural rights."

The "pursuit of happiness" is a most unfortunate "right," in our case.

Could we just change this particular expression?

Edmund Burke
In the first few pages of "Reflections on the French Revolution," Burke raises the question--and I paraphrase--liberty for what? For the criminal escaped from jail? For the lunatic from the asylum? Burke questions "freedom" apart from the specific "circumstances." He has polite contempt for "metaphysical abstraction."

Somehow this great man saw what was coming. This well-described reduction to absurdity of our "natural rights."

The "pursuit of happiness" is a most unfortunate "right," in our case.

Could we just change this particular expression?

Here's an Idea
What if we added up all of the costs to society of all of the frivolous lawsuits & then we sued the American Bar Association for the damages?

We recover however much loot thoes lawyers have & the frivolous lawsuits come to an end.

Regards,

It is about to get a lot worse...
These types of articles... goofy warning labels, stupid lawsuits... can make us laugh at the absurdity, or cry at the corruption.

Either way, it is about to get a whole lot worse.

one slime bucket

First Location: MA
Reply # 90
Date: Jan 11, 2009 - 7:51 PM EST
Trial Lawyers protect people

(from their common sense!)

He really is first. A quick scan shows one slime bucket who is in favor of lawyers. I can’t believe the percentage of common sense.

The other day I told the man at Home Depot that he should sue the store. After all, he had a cart filled with a hammer, nails, wood, a saw and all that stuff, and not one warning sign that said that cart load could result in a lot of work if he took it home.

Now let's see if slime bucket tries to sue me.

When I was in college...
Tort was defined as;

"A Party Fails to act in a Manner Prescribed by Law, and Dammage Occurs."

I thought that was a pretty good definition.

Today?

Tort is defined as;

"Dammage, real or perceved, Occurs."

my thoughts

jd

IGOTTARIGHT
Sometimes the only way to trump the belligerent nuisance is by mentioning that you work for lawyers, or to murmur the word Lawsuit.

My sister and I were in a laundromat where two unsupervised brats were racing each other with laundry carts, running into people, places and things at will. Their mother said angrily THEYGOTTARIGHT to *have a little fun*. I mentioned to the woman next to me that I supposed it would take a major lawsuit by someone who was hurt before anybody would do anything. Within the minute, the owner of the laundromat had quashed the Indy 500 and threatened the belligerant mother with eviction if it did not stay stopped.

*I dont,* she said, *want no lawsuits in my place.*

Not too long ago a man was arrested for shooting the father of a very noisy family in a movie theatre after he asserted IGOTTARIGHT, spewing expletives freely, and so do my kids, to do any bleeping thing I want.

Because the world is full of people without any self-discipline, either we have lawsuits or somebody pulls out a gun. Take your choice.

What's needed is to get rid of "LAWYERS"
This country needs to lower the number of lawyers and laws....
If you look at the majority of BOZO's in CONGRESS and the PEBO they're lawyers.

Higher Education is producing more LAWYERS than anything else it seems.

Ever look in a big city's phone book it's got more lawyers than almost anything...

And America wonders why we're in the mess we're in?

I choose Homeschool and my child can run and play at the park without fear of someone besides me telling her what to do. Less interference more fun.

People need to be responsible for themselves and their own.

If we wrote each law on a single piece of paper and stacked each piece of paper one on top of the other it would probably reach the moon...That's where lawyers got us.

How I got 'out' of jury duty
although not trying to do so. When asked if I would obey the judge and his instructions, I said that I would obey the US Constitution and the Constitution of the State of Indiana.

I also was 'proved' to believe in 'jury nullification' - which I guess exempts me from any future duty. Shame. I would have told the lady that got burned, 'Repeat 100 times, "Coffee is supposed to be hot." And no, you won't get any money for stupidity. THEY did not spill it on you.'

LAWSUITS & LAWYERS
As long as you have idiots for jurors whose only thought is "when do I get mine" and judges without any common sense, but were once lawyers, you will continue to have stupid lawsuits! Thank today's education system ocurtesy of the NEA! Their goal has long been to keep down the graduation of people with any cognitive thinking skills, they prefer that they learn only to operate on emotion. They make the best Liberal voters!

And yet...
all too often, those who truly are deserving of recompense, do not get it because they are average, law-abiding Americans.

People for whom the law should be their shield and their haven, find they have been run over and denied justice by the politically connected.

The country has gone to heck
It is difficult to know who to blame:
trial lawyers, politicians, CEOs, politicians, or us. I am kind of leaning toward "us".

hey, well now
My only experience on jury duty concerned a case where one of my fellow jurors said in post-trial discussion: "What we ought to be considering here is convicting this person of terminal stupidity. I don't believe in evolution but when you see someone like this, it makes you wonder." We convicted the guy in 20 minutes, after a three-day trial.
The only people who bebefitted from that trial in any way, shape or form were the lawyers. (One of whom is now a State Representative.).
Along with term limits, I think we need a law stating that no more than 20% of the Congress can have law degrees (and are they coming as dumbed-down as the rest of "higher" education?)

Hell hath no fury...
A favorite quote of mine;

"The more oppressive the society, the more intricate the laws.
In Hell there will be nothing but law, and it will be meticulously enforced!"

I wish I knew who said it.

jd

A Different Perspective
Many parents encourage, or even force kids to become "professionals" whether they want to or not. I think part of the problem is our culture's emphasis on being a "professional" and all of the perks and status that accompany the professions. Perhaps that is changing.

The attrition rate in law is very high. Lawyers are the unhappiest people I've known. The profession has the highest substance abuse levels of any profession. It's not difficult to understand why. Many lawyers defaulted into the profession, they didn't actively choose it. One of my closest friends attended law school to escape an arranged marriage. Many others just didn't know what else to do and let's also admit that the student loan industry panders to would-be lawyers. Easy money to attend a three-year program with ever lower barriers to entry results in more lawyers. When you subsidize an activity - you get more of it. You cannot reform the legal profession or higher education without reforming the student loan finance industry.

Currently there are 28 veterinary schools in the U.S. There are 200 ABA approved law schools....

So right George
I was a former school board member and the amount of money that we spent on lawyers both to handle employee disciple cases because the rules are stack so in favor of the difficult employee and by lawsuits brought about by anyone who could smell a deep pocket and the defensive training given to employees to avoid anything that might prompt a lawsuit like giving a kid a pat on the back of a high five for a job well done.

Yes, the situation has gotton out of control, but at the same time. I am concerned about so called curbs on lawsuits especially when they are directed at prevented truly injuried parties from suing or prevent punative damages for corporate malfeasence.

Less government regulation and a curb on legitimate lawsuits is a prescription for Mining disasters and Madoff Ponzi Schemes.

I think the first step is to establish reasonable standards for responsibility. Yes, children should be supervised on a playground, but school employees should not be held responsible if children slip and fall. Otherwise the consequences can be worse than the prohibition.

I do marial arts, it has certain risks including a lot of broken bones and sprains and bruises. As a middle aged person I credit it with keeping me fit and healthy.


Why "Johnny can't read"
This editorial gives the best reason that American schools have fallen so far from where, in the world, they ranked in the 1950s. The kids are running the place, despite the fact that administrators are being paid to do so. The least-co-operative kids determine how everyone else will spend their time.

I blame liberal judges and legislators for this mess.

Agreed:
Not long ago I read a story about some coach (and school) being sued because he gave a girl a hug for winning a competition. The complaint said that he fondled her breasts with his chest.

Teachers literally don't dare touch their students for any reason. Of course, the students can touch them as has occurred several times when the students beat the teachers. But that is okay.

I prefer it from my day - the student got his/her butt blistered for misbehavior and if they kept doing it, they got kicked out of school. At least the teachers could teach those of us who wanted to learn that way. Now they can't for fear of being attacked or sued.

Just because some goody-two-shoes believes all students should be in school doesn't mean that we need to keep students there who don't want to learn.

I agree
I read this article in the Sunday paper. Mr. Will describes exactly one of the biggest problems in this country. The blatant abuse of the legal system in immature lawsuits is despicable. State governments and the Federal government need to impose restrictions on the amount of punitive damages a person can claim in a lawsuit and they need to do it quickly because this country is going to sue itself to death.

Or at least, sue itself to the point where everyone will be afraid to leave their homes for fear of getting sued. Greed is at the heart of the problem. Everyone wants their chance at a million bucks.

And please
This is not a problem that you can easily pass the blame off on to liberals. That's preposterous. The problem is greed. The problem is our obsession with celebrity culture and the perks that go along with it. It's the desire to have everything and not have to work to get it. That's not a liberal value.

Not everything can be brought down to conservatism vs. liberalism. Life just isn't that simple.

My guess
is that if Mr. Will's son, or the son of most of the posters here, broke his leg on the play ground, he wouldn't just pass it off as boys will be boys.

Lepanto: 500 years ago. That's 1508. Show me anywhere in Christendom where people were allowed to pray freely then? What was the inquisition for? The real question, after 1517, is whether you should say Catholic prayers or Protestant prayers. The wrong answer could get you in real trouble.

Blaming
There's just too much blaming: it's always somebody else's falt. It's the liberals, it's the lawyers, it's the whoever. Except, nobody falts the greedy, vicious, careless, exploitators who set up the ready acceptance of a victim's culture. They put up shoddy buildings, use cheap materials laced with lead, and the result was a machine to take care of them. Of course, everybody wants something for nothing, so they all jumped on the band wagon. If we valued good workmanship more than profit, none of this would ever have happend.

Carol browner
Obama Energy Czar Socialist Group Member
By NewsGuy

US president-elect Barack Obama’s so-called “climate czar” Carol Browner has been exposed as being a member of Socialist International, a highly influential group that advocates the implementation of global government.

Links of Browner to Socialist International have been scrubbedfrom their site, but a cached versionshows her membership to the organization. Browner also ran the EPA during the Clinton Administration from 1993-2001, the longest-serving Administrator in the agency’s history...continued

Greed run a muck.
Apparently, many in America feel they are ENTITLED to anything they desire in life. Unfortunately they do not care how they get it just as long as they get it. It started with people suing companies and corporations, most of which were indeed legitimate claims by the public. However, once lawyers learned that the business world would rather save money and time by "settling out of court", the flood gates opened and the ridiculous/unscrupulous greed of "victims" and lawyers engulfed the American landscape. The insane notion that each person is not responsible for their conduct in the world is appalling. Paying people for their own stupidity is sheer lunacy. Unfortunately we in this country we do it all the time. Our politicians are a prime example of paying for stupidity

No wonder people continue to sue, it validates their being a "victim", negates their stupidity and greed, AND it's easy money.

Can
Tort abuse is just the latest way for leftists to assault our liberty.

The issue is 'Who decides'
SOMEONE has to decide when there is a dispute. Would you rather it be the Legislature or a Jury?

Who do you have faith in? The elected officials or the American people on a Jury??

sjpatejak--My Guess
FYI,
My 8 year old son, while racing his sister on roller blades, decided to catch up by taking a short cut across the grass. The wheels stuck in the soft wet grass and he fell over breaking his leg. I didn't sue the maker of the roller blades, nor the property owner of the grass. I chalked it up to the ignorance of an 8 year old who did something foolish. A hard lesson he learned and hasn't forgotten.
I think the vast majority of posters that agree with Mr. Will are like me, and would not (nor have not) sued when we, or our children done something foolish to hurt ourselves... I'm curious. How about you? Have you ever sued someone else for something foolish you (or one of your loved ones) has done?

The REAL Cause
Spare me the right-wing nonsense that this problem is the result of a left-wing/liberal conspiracy or some other caca idea. The problem is very simple - too many lawyers for the finite amount of legitimate legal business that is available. For the record, I am an attorney. I will be the first to admit that the last quarter century has seen the law schools turn out too many lawyers. Too many middle class college students saw law school as the ticket to a six-figure income (or as a refuge from the real world when a punk economy meant they couldn't find a job with a degree in English or sociology). The result - lawyers fighting to take cases that never even would have been filed two decades ago. How to solve the problem? Restrict law school enrollments, make the bar exams harder and discredit the idea that everyone has a right to pursue a law degree.

solution to the problem
If a person pursuing a lawsuit loses their case, they need to sue their own lawyer for malpractice. When the legal system starts feeding upon itself the nonsense will stop. Obviously, getting that first lawyer to sue another is the greatest obstacle.

Bill: Solution to the problem
That is indeed a major obstacle. Once your idea starts it would never end because there is always a losing attorney. But I like the idea.

Maybe a better solution is to pass a law that requires the losing attorney to refund all monies paid by their client for their attorney's services. At least it will get the attorneys to think about advising their clients to bring frivolous law suits.

Get a Grip
I like your idea. I only worry that it discourage legitimate lawsuits.

Therein lies the problem. How to discourage frivolous greed based lawsuits while not preventing people from bring legitimate ones.

Culpability
The Dems are the party of no culpability. If one doesn't something wrong or foolish, it is society's or a rich person's fault. The GOP should stand for individual responsibility and make laws that loser pays in a civil lawsuit. But alas, with the Dems in control, the shysters, oops I mean trial lawyers, will rescind some of the recent laws.

Everyone should have an attorney
A well written and accurate article George. Having spent 35 years in the insurance industry, I can amplify the above statements. dog owners beware of your sign "Beware Of Dog". You may be liable for damages if in fact your pup does bite someone. We had a claim for such an occurrence, and the plaintiff won. The Judge reasoned that by displaying their sign they were in fact offering an invitation. True, and sad. I was a resident of New Jersey all my life, and agree that by posting the sign you are inviting a potential lawsuit. Folks, this is the new society of no touching, no looking funny at someone, and god forbid, should a teacher, or any one in authority place a gentle hand on a child, you are in trouble. Sad commentary on our way of life.

How to stop friolous lawsuits
Instead of the losing person in a law suit paying, make the attorney pay. Attorneys get about 33% of any award when their client wins. If an attorney sues on behalf of a client for say 3 million and loses he should pony up 1 million. The exact ammount he would have gained if his client had won. The 1 million should go to the winning side.

R. D. Cook... Author of "A Primer for Conservative Activism"

Reggie
I like that idea. There would have to be some kind of law that prevented the attorney's from passing the cost onto their client. Otherwise, it wouldn't do much of anything to stop the attorney's from bringing the lawsuits like they currently are, except for maybe taking on lawsuits from people with no money.

And again, it would punish attorneys and people who bring legitimate lawsuits but lose to a company with a much better funded legal team.

Why we didn't sue
When my oldest was about 7 she was at her homeschool PE class playing dodgeball. One kid was trying to hit one of his buddies. His buddy jumped out of the way, and my daughter, who was right behind the buddy before he jumped was hit in the face with the ball. Her glasses broke and the skin over her lower eye socket was cut. My response? "Good one! Wait 'til Daddy sees your war wound."

No medical, psychological, or legal intervention was required. It just needed a little ice which the kid who hit her got and then apologized for hitting her in the face. He explained it was an accident and there were no hard feelings. I bought the $20 insurance policy on the glasses when we bought them so we got them fixed.

That's what happens when you play doge ball. You often get hit with a ball. Go figure.

I had a crash c-section and they had to intervene so quickly they could not follow the usual procedures for surgical prep. I got a life threatening infection from the surgery. Did I sue? No way! They did what they had to do and they should be applauded, not litigated.

we didn't sue
When our son was 12, he was using a homemade half pipe in someones front yard and broke his wrist. When I went to pick him up, his friends mother looked very scared as she helped him into the car. The only way we would have sued is if our son had been forced at gunpoint to use his skateboard on the half pipe. He was responsible for what happened and as parents we are responsible for taking care of him.

In another instance, a stray dog got into our yard during a rainstorm and walked into our pool. When I tried to haul him out buy the collar, I received a severe bite on the hand. After finding the dog's owner and confirming the rabies vacine was up to date, that was the end of it.

By the way, I am married to an attorney.

Nate #116
I agree with you. Greed is not just a "liberal" trait, nor is it a "conservative" one. I know plenty of greedy people on both sides of the "Liberal/Conservative" divide. I think greed is a moral deficiency that every human-being struggles with periodically in their lives, including myself.

There is nothing wrong with achieving success and reaping the benefits there of. The problem lies when we trample over others in our attempt to succeed. (IE: the person trampled to death at Wal-Mart(?)by others trying to save a buck).

Greed is a moral dilemma in this country and I believe it will only be solved when we as a nation start acting morally toward each other. But it has become taboo to talk about morality in America. And many are not even willing to discuss in a civil manner the decline of the moral character of our society.

It fits.
Today's liberalism, combining tolerance and statism, cares less what happens than that it be mandatory. -- Guess who made this brilliant quote. lol.

The missing ingredient
How could such insanity come about?

My wife fell on some ice in front of the neighbor's house. The neighbor saw my wife trying to get up, but did not help because she was afraid we might sue.

What is the root of this problem? Not law but human relations. We don't trust each other. We don't trust professionals to care for us. We think that we are missing some opportunity to gain when we are just respecting the discretion of a trained professional.

What's the point of venerating the greatest generation when we train our children not to exercise self-restraint and concern for others, but rather place myself and my family above others at all costs?

We need to build a culture of living for others. Worrying about the over legalization of society will not realize that goal. But it might help us see the need for a revolutionary change - of the spiritual kind.

To continue
Although the clothing of this problem may be new, the problem is as old as post-fall humanity itself.

Normally we would say that living so as to not hurt another person is a fairly low level of ethical behavior. The legalization of everyday life does make this level of life harder to attain because we have to overcome the temptation (yes I used that theological word) to sue and thus live so as not to hurt others.

I was recently told that me use of steroids to help with psoriatic arthritis pain may have contributed to a loss of bone mass. A young doctor told me I could sue the doctor who prescribed the steroid. But I remember how good I felt with the medicine. It enabled me to go to my daughter's grade school graduation and DANCE with her! But now I should sue the doctor who made that possible.

We all have these stories, I suppose. They are traps, temptations put in our way by we know whom. If we do no succumb, they are tools by which we rise to higher level and think "what is really at stake here, and what should I assume is the motivation of my fellow man?"

This annoys me..
...so much so I have no choice but to sue my own emotions for allowing it to happen.

Two word solution
LOSER PAYS!
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