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January 20, 2007

Sore, important subject: "Loser Pays"

There's an interesting collection of periodic posts (pro and con) over at Point of Law on adoption of a UK-type "loser pays" scheme in American courts: a touchy if not just plain raw subject with constitutional colors. The loser-pays issue in the U.S.--it balances the right to access to courts against the need to deter wasteful/shoddy litigation--routinely jangles nerves and triggers serious fights over which inefficencies a democracy should and shouldn't accomodate. But loser-pays schemes merit discussion in America by lawyers, judges, academics and pols of all political persuasions in the interest of (1) clients and (2) good lawyering. It's not merely a pet issue of the right. Y'all game to at least talk about it?

Posted by JD Hull at January 20, 2007 04:00 PM

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