The 2011-2012 Term of the Supreme Court was most unusual in addressing numerous civil justice and tort related issues. In keeping with the Heritage Foundation’s Scholars & Scribes event format of seven minutes, I will very briefly analyze the top seven cases. Apart from being brief, my approach utilizes almost…
Abstract: The recent spate of global warming lawsuits is an attempt to circumvent the political process and implement public policy by judicial fiat. Unable to advance their policies through Congress, global warming activists have turned to the judiciary to implement their agenda. Although this…
Abstract: Just as juries that ignore the evidence to reach a verdict contrary to the law engage in “jury nullification,” judges that substitute their policy preferences for those of elected legislators commit “judicial nullification” by striking down democratically…
Cully Stimson discusses the case of a former Marine whose homeowners' association wants him to take down his flag. …
Almost everyone seems to be asking the same question with respect to the WikiLeaks saga: What, if anything, can Julian Assange, and those who have worked closely with him, be prosecuted for? Most Americans have a visceral reaction that Assange did something wrong and must be…
My name is Brian Walsh, and I am Senior Legal Research Fellow in The Heritage Foundation’s Center for Legal and Judicial Studies. The views I express in this testimony are my own and should not be construed as representing any official position of The Heritage Foundation. …
Abstract: The Obama Administration and its allies in Congress want to eliminate the deductibility of punitive damages as a business expense. Such a move would increase the damages paid by businesses in lawsuits¾a brilliant scheme sure to boost the stagnant economy. In fact, increased…
Abstract: Despite some concerns to the contrary, federal preemption properly applied does not conflict with federalism. In fact, the two are quite compatible and can work together to ensure that regulatory decisions are not left up to state…
THE ISSUE: Federal criminal law has exploded in size and scope—and deteriorated in quality. Honest, hard-working Americans doing their best to be respectable, law-abiding citizens can no longer be assured that they are safe from federal prosecutors. Federal criminal law…
Sean Hannity discusses Hans von Spakovsky's post on Obama's hints at criminal prosecution of BP. …
INTRODUCTION America has been getting tougher on lawbreakers. This is something that the public long has been demanding. The problem it creates, however, is a shortage of prison capacity to hold the increased numbers of convicted criminals. This has led to: prison overcrowding, sometimes prompting court actions against penal systems; rapidly rising operational outlays;…
Revised and updated October 15, 2009 Abstract: At a time when the American economy can least afford it, entrepreneurs and small-business owners are under siege. The Incorporation Transparency and Law Enforcement Assistance Act (ITLEAA)--currently under consideration in Congress--would subject small businesses to a series of complicated and burdensome reporting requirements. These new requirements are reminiscent to those…
Abstract: The role of the states, particularly the idea that most governmental power should be in the states, is important to America's constitutional system. It has been somewhat eroded in many fields by adverse Supreme Court decisions, but the states are still…
Barack Obama believes we need a business and regulatory landscape in which entrepreneurs and small businesses can thrive, start-ups can launch, and all enterprises can compete effectively while investors and consumers are protected against bad actors that cross the line.... --"Barack Obama on technology and Innovation," at www.barackobama.com Increasing medical malpractice insurance rates are making…
In one of the starkest examples of how plaintiffs' lawyers want to use Congress to get rich at the expense of the American taxpayer, an amendment that would have generated abusive Medicare litigation on a massive scale--along with the usual huge attorneys' fees--was recently added to the health care reform bill in the…
Abstract: Before the current economic downturn, Mississippi enjoyed net increases in new jobs as major companies like Toyota, General Electric, and others opened new manufacturing facilities. One of the major reasons for…
Abstract: Judicial nullification of civil justice reform laws usurps the role of state legislatures and defies the will of the people as expressed through their elected representatives. The Illinois Supreme Court recently engaged in such nullification for the third time when it acted as…
Forgive me if I seem skeptical of President Obama’s assertion last evening in his State of the Union address when he...…
Democrats profess great concern about the health care issue. Yet they avoided including any form of medical malpractice...…
When President Obama held his health care summit at the White House, Rep. Dave Camp (R-MI) pointed out that a key part...…
Senior Legal Fellow / Manager, Civil Justice Reform Initiative