The law of contract, based on the consent of the parties, and the law of torts, based on our obligations when no agreement covers what happened, are fundamental to American law. There is only one problem. Both fields are hopelessly out of date.
Sometimes it’s easier to see the problems abroad than it is at home. And that may be true of the Euro zone. As we all know, there have been a series of agreements bailing out Greece on the condition that Greece make very large cuts in its own budget. And it hasn’t worked. Why not? Shouldn’t cutting back have rejuvenated the Greek economy?
The AP recently revealed a spying operation by the New York City police on Muslims and Muslim institutions. What should we think about that?
Several years ago I arranged to teach a course on Privacy Law because I wanted to figure that out. I read, studied, corresponded with experts in the field and chaired a committee to come up with solutions. Here is some of what I’ve come up with.
Let me suggest a solution to the fracking problem. The self-styled energy companies want to draw natural gas out of the shale deposits deep below the earth’s surface. Environmentalists like myself believe that fracking will foul the drinking water, damaging a much more crucial resource than the gas they’ll extract. We also think that if gas is so valuable, they wouldn’t be burning it off where it already comes up alongside oil wells. But that’s another story. Let’s stick to safety.
Let’s understand what that argument about the health insurance mandate was about. Everybody agreed that a single payer system would have been constitutionally OK. It would have been based on the taxing power. However toxic taxes are to the public, legally they are not particularly toxic. Everyone admits the taxing power is broad.