Why Lawsuits are Good for America: Disciplined Democracy, Big Business, and the Common Law

Judging by the frequency with which it makes an appearance in television news shows and late night stand up routines, the frivolous lawsuit has become part and parcel of our national culture. A woman sues McDonald’s because she was scalded when she spilled her coffee. Thousands file lawsuits claiming they were injured by Agent Orange, silicone breast implants, or Bendectin, although scientists report these substances do not cause the diseases in question. The United States, conventional wisdom has it, is a hyperlitigious society, propelled by avaricious lawyers, harebrained judges, and runaway juries. Lawsuits waste money and time and, moreover, many are simply groundless. The author of this title is not so sure. He argues that common law works far better than commonly understood. Indeed, the book contends that while the system can and occasionally does produce wrong results, it is very difficult for it to make flatly irrational decisions. Blending history, theory, empirical data, and case studies, it explains why the common law, rather than being outdated, may be more necessary than ever.