Thursday, November 29, 2012
A number of authors have been engaging in a lively debate about congressional power to enact tort reform. Starting it off, Paul Clement authored Federalism, the Framers, and Federal Legal Reform - Setting the Record Straight, released by the Chamber of Commerce in October. Essentially, Clement defends federal tort reform as permissibe under the Commerce Clause. Last week, Rob Natelson of the Independence Institute offered a response: Did the Founders Constitution Permit Federal Tort Reform? And now, Randy Barnett over at Volokh Conspiracy has weighed in.