The Volokh Conspiracy
Mostly law professors | Sometimes contrarian | Often libertarian | Always independent
Today in Supreme Court History: March 14, 1932
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That used to be called "bedroom eyes".
More resting bitch face. Lawyer scumbag running his con.
Rare judge who made much more of an impact as a state court judge than as a justice.
Didn't he say, forecasting a complicated set of rare mishaps is the basis of liability? Such forecasts are a super power, attributed to God by St. Thomas. In their faith, the Church believed, God could predict the future, and prevent accidents. Not even the Medieval Church believed the fiction that man could do that.
If a video shows, 100 people stepped around an oil spill on the supermarket floor, then the plaintiff who broke a hip should get nothing, the plaintiff lawyer should get the lash. To deter. We could then get rid of Marty, the extremely annoying spill reporting robot at the Giant supermarket.
Marty, the annoying, worthless spill robot at Giant. Thank the scumbag lawyer for another worthless industry.
Cardozo denied liability in Palsgraf.
His foreseeability standard infected the lawyer profession. Rare events like accidents cannot be foreseen. People should be careful, and not steal from the rest of us. The supermarket is a pipeline of money from the consumer to the scumbag lawyer profession. It does not even care about the cost and annoyance of Marty, the spill reporting robot.
In the beginning 25% of passengers, never mind workers, were injured on any railroad trip. They put a sticker on the back of the ticket denying liability (contracts of adhesion). The rails were immunized, and grew, as a matter of public policy. When they matured, liability returned, and rails went into failure. This is a model for the internet. They needed 230 in 1996. They grew too big. Liability destroyed manufacturing to enrich lawyers. It is destroying health. All birthing wards closed in Philadelphia, save one or two. That was defunding, 100% the fault of the lawyers of Philly. If your wife is due, she is lucky to get space in the hallway, thanks to the lawyer scumbags in Philly. We are sick of this pirate enterprise.
Lawyers do not act on their own, of course.
They take up half half the advertisement time on TV in Philly. We will get you money at no expense to you. I want to hire Morgan and Morgan to sue a lawyer I do not like. I will let you know the result of their decision.
Rare events like accidents cannot be foreseen.
Of course they can be foreseen. Why else does anyone buy liability insurance? And how else can it be priced sensibly?
You confuse, "Will there be an accident today?" with "Will there be some number, which can be estimated, of accidents during the year?"
The liability is for the accident today, a 1 in a million occurrence.
That's idiotic. Insurance is for an accident, whether it happens today or next month.
Insurance aggregates risk. Most people will lose money on insurance. It is a scam. Franklin was not a lawyer, but always served lawyer interests.
Insurance aggregates risk.
Indeed it does, though "spreads risk" is a better description.
Most people will lose money on insurance.
Yes, they will. But what they are doing is paying a premium to avoid a catastrophic loss. In other words, they are increasing their mean cost so as to greatly reduce the variance of their costs. Given that most people are risk-averse over the relevant range this is perfectly sensible behavior, and not at all a scam.
He eliminated the privity requirement.
Impressive eyebrows.
looks a bit like conan o'brien.
By Jove, sir, you're right!
https://en.wikipedia.org/wiki/Conan_O%27Brien#/media/File:Conan_O'Brien_-_Simpsons_(cropped).jpg
Is it a coincidence that O'Brien wrote for *The Simpsons,* and Cardozo was on the Palsgraf case, whose facts are like a Simpson Halloween Special?
Or that O'Brien was a performer like Bozo the Clown, and "Bozo" rhymes with "Cardozo"?
Some would call these things "coincidences," but there are wheels within wheels...