There is an undercover war going on in America that impacts
everyone''s life far more than the legal issues that typically grab
the headlines. The conservative movement has been systematically
turning back a century''s worth of the evolving gains and
protections found in the common law-the areas of law that affect
the everyday activities of ordinary people.
Throughout the twentieth century, contract, property, and
personal injury law evolved to take more account of social
conditions and the needs of consumers, workers, and less powerful
members of American society. Contracts were interpreted in light of
common sense, property ownership was subjected to reasonable-use
provisions to protect the environment, and consumers were protected
against dangerous products.
But all that is changing. Conservatives have a clear agenda to
turn back the clock on the common law to maximize the profits of
big business. Some significant inroads have already been made to
protect gun manufacturers from lawsuits, enforce form contracts
that prevent employees from suing for discrimination, and hamper
the government''s protection of the environment against aggressive
development, for example. More rollbacks are on the horizon.
Although this aspect of the conservative agenda is not as visible
as assaults on abortion rights and civil liberties, it may
ultimately have even greater impact on our society. Jay M.
Feinman''s book is an accessible, eye-opening primer, full of vivid
examples and case histories-from victims of medical malpractice who
cannot recover damages to people who relinquish their right to sue
by applying for a job.
If you subscribe to any of these common myths of
twenty-first-century America, you will find surprising facts and
illuminating analysis in Un-Making Law:
The "All-American Blame Game" has corrupted our moral
fiber-everyone is looking for a scapegoat to sue whenever anything
goes wrong.
Malpractice lawsuits have gone sky-high in recent years, forcing
insurance companies reluctantly to raise rates and forcing doctors
out of practice.
Consumers and employees agree to arbitration because it is a much
simpler, less expensive, and fairer way to resolve contract
disputes.
The government invades the rights of private property owners when
it protects endangered species and regulates land development.
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