Libertarians divide into two broad classes: those who espouse a free society because it gives better results than an unfree society, and those who espouse a free society because they believe that it is wrong to deny or suppress a person’s right to be free (unless, of course, that person is suppressing the equal...
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In Federalist 62, published in the Independent Journal, February 27, 1788, James Madison writes as follows: It will be of little avail to the people, that the laws are made by men of their own choice, if the laws be so voluminous that they cannot be read, or so incoherent that they cannot be...
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Robert Bork has passed away. The author of two bestselling political commentaries, The Tempting of America and Slouching Towards Gomorrah, Bork is perhaps best remembered for his ill-fated nomination to the Supreme Court in 1987—and for the wrath it provoked from many on the left. But the controversial jurist was also a lightning rod...
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In earlier installments of this series I discussed some of the problems with the current malpractice system, proposed a contractual, no-fault alternative, presented ten principles to guide tort reform, and explained how my proposal would free the patient and the doctor. In this post I explain how it would free expert witnesses and the...
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A system of liability by contract will not work in all cases. Many patients have a high probability of death or disability at the time they enter a hospital. Doctors are unlikely to want to pay the cost of those outcomes, should they be ruled “adverse,” and it would be unreasonable to expect them...
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The recent crisis in Gaza has confirmed that Egypt´s Mohamed Morsi is a new power player in the region. Everyone—including the United States, Israel and the Middle Eastern countries— paid almost as much attention to what he did or did not do than to the action on the ground and ultimately had to rely...
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A reformed tort system is one that is governed by the ten principles of a rational tort system. This is the default system, and all cases of malpractice will be tried in this system unless patients and providers contract out prior to the occurrence of the alleged malpractice. The following is how liability by...
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The Independent Institute is delighted to announce the publication of the 25th Anniversary Edition of Crisis and Leviathan: Critical Episodes in the Growth of American Government, by Independent Institute Senior Fellow Robert Higgs. First published in 1987, this classic work introduced to the reading public the notion that national crises—the Great Depression, the two...
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The medical malpractice system in the United States has a poor track record and imposes heavy social costs—up to $2,500 per household, including defensive medicine. In a recent blog post, I proposed a voluntary, contractual, no-fault alternative to the current system. Here, I name some of the principles that should guide tort reform. Principle...
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The U.S. Supreme Court has agreed to hear a challenge to the 75-year-old Agricultural Marketing Agreement Act, one of the few pieces of New Deal legislation to survive to the present day. The AMAA authorizes the US Department of Agriculture to establish and enforce “marketing orders” for particular agricultural commodities, detailed federal regulations that...
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