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"Indeed, the rage of theorists to make constitutions a vehicle for the conveyance of their own crude, and visionary aphorisms of government, requires to be guarded against with the most unceasing vigilance."
     -- Joseph Story
     Commentaries on the Constitution of the United States
     Book III, § 1857.

Thursday, May 29, 2003

Walter Olson notes a new proposal for limiting attorneys' fees.

My initial thought was, well, maybe it'll help. Upon a bit more reflection, though, I decided it ought to be shot down because of the perverse alternative it would foist upon defendants faced with a baseless shakedown: "You can cave in and settle this now -- and we mean right now -- in which case you will pay no more than an eleven percent premium for our fees, or you can elect to go to court, where the sky's the limit." There a lot of that in lawsuits anyway; this doesn't mean we need new laws encouraging it even more.

-- posted by Clayton 5/29/2003 01:19:00 PM

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