71. CATO Institute: Can Tort Reform and Federalism Coexist?
- Author:
- Robert A. Levy and Michael I. Krauss
- Publication Date:
- 04-2004
- Content Type:
- Working Paper
- Institution:
- The Cato Institute
- Abstract:
- Critics of federal tort reform have usually come from the political left and its allies among the trial lawyers, who favor a state-based system that can be exploited to redistribute income from deep-pocketed corporations to "deserving" individuals. We offer a totally different criticism—constitutional in origin—that embraces the need for reform but reaffirms this principle: The existence of a problem, however serious, does not justify federal remedies outside the scope of Congress's enumerated powers.
- Topic:
- Conflict Resolution, Government, and Nationalism
- Political Geography:
- United States