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Un-Making Law: The Conservative Campaign to Roll Back the Common Law.

Publication: Trial
Publication Date: 01-OCT-04 		Format: Online - approximately 1135 words
Delivery: Immediate Online Access
Full Article Title: Un-Making Law: The Conservative Campaign to Roll Back the Common Law.(Book Review)

Article Excerpt
Un-Making Law: The Conservative Campaign to Roll Back the Common Law

Jay M. Feinman Beacon Press www.beacon.org 256 pp, $26

Grover Norquist, a Republican tax strategist, once told a reporter that his party's ultimate goal was to shrink government "down to the size where we can drown it in a bathtub." The neoconservatives' large," project is to give corporate America complete autonomy in the marketplace by downsizing government, as well as the civil justice system, into a semi-comatose state. Jay Feinman, a distinguished law professor at Rutgers University, exposes this campaign to dismantle the common law by changing particular rules of tort, contract, and property law to undermine the rights of ordinary citizens.

Chapter one is a telescopic view of the success corporations and conservatives have enjoyed in this campaign. Conservative think tanks have but one thought: to replace the nuanced principles of the common law with a simpleminded vision of a free-market society that never was and never could be. Suppression of consumer remedies in the name of...

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