Friday, July 09, 2004

Deregulation Creates More Litigation

or why the GOP has no one but to blame but themselves for the rise of trial lawyers like John Edwards

Right now the best argument the GOP and Dem-haters have on the newly chosen VP Democratic Candidate John "People Magazine's 50 Sexiest" Edwards is that Edwards is the lowest of all professional trades; a trial lawyer. Ambulence Chaser, Vulture, scavenger, call him what you want and recite all those bad jokes about lawyers, whatever it takes to bring him down.

Personally I think this outpouring of negativity is more fear within the GOP finding a voice, rather than a genuine hatred of Edwards, or even trial lawyers in general. It was well noted throughout the election that the person Karl Rove was most worried having to face in an election was.

Of course I wouldn't put much stock in the Bush campaign's take in their sizing up their Democratic opponents. With the ineptitude, hubris, myopia and complete self delusional persona the Bushies exhibit on a daily basis in even the simplest of matters, one has to wonder if Team Dubya can accurately size up something as low a threat as a domestic political opponent, much less a foreign nation that requires a full scale invasion.

Face it, these idiots were handed the best military on the face of the earth top to bottom, from the intel to personel, leadership to technology. The Pentagon gets nearly every $ it wants. Even with top flight analysis from experts like General Shinseki, the fools that occupy 1600 Pennsylvania Avenue couldn't seem to see straight. You have to take everything they say with a grain of salt with these bastards. As soon as one of their appointed and highly regarded cabinet members tells the truth, they're fired. Thank you Larry Linsey and Paul O'Neil.

Nonetheless it is hard to ignore the charm and radiant personality of John Edwards. It was my belief early on that Kerry was the man of substance, while Edwards was more style. Yeah, Kerry can be a little gurff, and when his speeches sound "canned". He does not always translate well. On the other hand I liked Edwards, but he didn't evoke a sense of experience with the mess we're in. Edwards might have been better suited post Clinton, but not now with the mess King George has made. The best line I've heard regarding the Democratic ticket is that Edwards will do a better job of selling the nation on Kerry than Kerry could.

However a thought occurred to me while listening to all the righties on the radio complain about the trial lawyer that I am nearly positive will be our future Vice President. The lawsuit happy state of our society didn't occur overnight. What has happened in the past 30 years that has caused this severe rise in lawsuits?

Could it be DEREGULATION? Am I the first one to connect these 2 dots? Has anyone come up with this hypothesis yet? I'd have to reference studies and stats to prove it, something I don't have time for. I do know though that for organizations like the FERC, SEC and EPA, industry friendly appointees, poor oversight and inadequate funds (thank you GOP Congress!) the number of lawsuits filed by shareholders, and environmental groups respectively have jumped quite a bit, and have been on the rise ever since Reagan got into office.

Could it be that when the government doesn't keep corporations in check, those corporations violate other people's rights or take their money because there is no one to stop them?

Could it be that customers who were fleeced by the likes of Enron and Duke Energy were so vulnerable because new land of utility deregulation? The government wasn't looking after the utlities, who in turn screwed over an entire state because they could get away with it?

Could it be that, when the people who watched their 401K and retirements fund go down the toilet due to corporate malfeseance and corruption, they decided that they needed to fight back?

Could it be that when these people find their water contaminated and their property values are in decline due to pollution, that these same people figure out the government wasn't going to protect them?

Could it be that the only option these people have is to find a lawyer to get adequate justice?

The rise of lawsuits and lawyers are very much the result of government not doing it's job. Yeah, there are lawyers who have taken advantage of this trend, and there are ambulance chasers who try to bring large corporation to court in egregious and frivoulous cases. But there are always going to be those who will take advantage of the system. Funny, because the very same thing could be applied to the corporate world right now. Except I think the damage done by Corporations are far greater than any cabal of trial lawyers. Just ask this guy, Clark Judge, a Republican. Apparently while Americans have a low opinion of trial lawyers, they have an even lower opinion of big business.

But really, if you're a conservative you are getting exactly what you want. Lawsuits are a perfect example of citizens taking responsibility in prosecuting the law when and where the government does not. Face it, after 20+ years of Reagan-esque anti government deregulation policies, this legilative direction the country has taken has led to the rise of our class-action nation. The whining conservatives who point to trial lawyers have no one to blame this whole mess on but themselves.


Congratulations, you are getting what you deserve!


Anonymous Anonymous said...

Now this is funny ;)

12:57 AM, November 12, 2005  

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