May 26, 2011
Are Congress's Med Mal Reform Efforts Unconstitutional?
That's Walter Olson's provocative question, echoing Georgetown's Randy Barnett's op-ed. Much of tort law is, of course, fundamentally a state law issue, and -- the argument goes -- the powers granted to Congress just aren't broad enough to capture pretty big parts of tort law, including its applicability to medical malpractice litigation.
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