Article

2008-05-12 Home Front Economy

Archived material is restricted to Rantburg regulars and members. If you need access email fred.pruitt=at=gmail.com with your nick to be added to the members list. There is no charge to join Rantburg as a member.

Posted by Fred 2008-05-12 00:00|| || Front Page|| [2 views ] Top

#1 It's signal detection theory.

No one (Pro-litigation leaning or Anti-litigation leaning) is really complaining about the True Positives or the True Negatives. The Anti-litigation leaning are clearly complaining about the False Positives, and the Pro-litigation leaning are clearly complaining about the False Negatives.

The real question should be how we can make our criteria more closely match true reality. That won't happen by banning all lawsuits or making lawsuits unprofitable -- something clearly prohibited by the constitution and the Founders of the U.S. That also won't happen by encouraging frivolous lawsuits or allowing attorneys to gouge the system -- something that is prohibited by the laws of every state of which I am aware, and which can result (and has resulted) in the disbarment of attorneys.

The only thing that can make our criteria more closely match true reality is by continuing to upgrade the Rules of Evidence, Standards of Proof, and Rules of Civil Procedure. But, that's complex, and it is just a whole lot easier to talk about greedy trial attorneys or conservative bastards. Yet, sadly, any other approach will always result in one of the following:

Lower False Positives and you raise False Negatives.

Lower False Negatives and you raise False Positives.

Posted by cingold 2008-05-12 01:30|| 2008-05-12 01:30|| Front Page Top

#2 D *** NG IT, NOW IS THIS ANY WAY TO FORM A GULF/CARIBB OWG FREE TRADE ZONE!?

HOW CAN WE = GUAM WIN THE WAR!

Posted by JosephMendiola 2008-05-12 03:23|| 2008-05-12 03:23|| Front Page Top

#3 Under the old system, a plaintiff's attorney could toss a pile of mud at the plaintiff's and if he looked bad to the jury, the plaintiff would cash in. Justice was blind. Damage quantification awarded frauds; in order to redress personal injury wrongs, barely or non-culpable persons - even where they made good faith errors - were subject to ruinous defamation. What a system: use tortious conduct to redress alleged tortious conduct.

Posted by McZoid 2008-05-12 04:01|| 2008-05-12 04:01|| Front Page Top

#4 It's always the way. If a profession or industry refuses to show restraint and maintain an internal culture to restrain themselves, they spin out of control until they end up being regulated by the government.

Posted by no mo uro 2008-05-12 05:47|| 2008-05-12 05:47|| Front Page Top

#5 I'd like to see this catch on like wildfire and spread across the country without control. But it will probably just be reversed by the next donks in office.

Posted by bigjim-ky 2008-05-12 11:21|| 2008-05-12 11:21|| Front Page Top

#6 HOW CAN WE = GUAM WIN THE WAR!

One day we're going to all be subjects of the Guam Empire, wondering how it all happened...

Posted by Abdominal Snowman 2008-05-12 12:24|| 2008-05-12 12:24|| Front Page Top

23:54 Snash Oppressor of the Mohammatans aka Broadhead6
23:42 Muggsy Gling
23:39 Snash Oppressor of the Mohammatans aka Broadhead6
23:38 tipper
23:27 JosephMendiola
23:27 JosephMendiola
23:20 JosephMendiola
23:18 RWV
22:59 JosephMendiola
22:42 twobyfour
22:36 Globular Cluster
22:34 twobyfour
22:32 JosephMendiola
22:29 Pappy
22:26 JosephMendiola
22:25 Pappy
22:25 twobyfour
22:18 Barbara Skolaut
22:18 Skidmark
22:16 DMFD
22:12 Albert Thusong6840
22:12 DK70
22:08 JosephMendiola
21:54 DK70