“Glass half full” is commonly understood as synonymous with optimism. Since that optimistic turn of phrase is one-half of the title of University of Tennessee law professor Benjamin H. Barton’s well-researched, statistics-laden, and densely written book addressing the history and future of the legal profession in the United States, one would suppose the overall tenor of the book would be positive and encouraging. One would be wrong. For many lawyers, reading Glass Half Full will be as disturbing as reading one’s own autopsy report, because it is essentially an examination of the causes of death of the legal profession as we know it. Like a good medical examiner, Barton expertly examines the corpse of the legal profession and prepares a precisely
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The “first wave of tort reform” [Page 107] dates back to the 1970s when states began enacting medical malpractice reforms aimed at capping damages on pain and suffering and limiting attorneys’ fees for plaintiff lawyers. Barton identifies a 1986 Department of Justice report as a major impetus for further tort reform by state legislatures. The report concluded that excessive damage awards resulting from tort claims were causing insurance rates to rise, and recommending “caps on non-economic damages” and “limitations on contingency fees.” [Page 107], As examples of federal tort reform, Barton cites the “Private Securities Law Reform Act of 1995 and the Securities Litigation Uniform Standards Act of 1998 … [which] placed limits on shareholder securities-fraud lawsuits.” [Page 108]. In addition, federally funded legal aid programs have been cut significantly since the 1980s, starting when President Reagan cut funding by 25 percent in …show more content…
He states that “[i]n most areas of the economy it is not acceptable to answer the question, ‘Why is it done this way?” with ‘We’ve always done it that way.’ In law, that is not only an acceptable answer, it is the best and most basic answer. A lifetime of training in stare decisis, precedent, and the common law system actually dictates that answer.” [page 175] As a result, “[c]hange has been very slow and frequently dictated by outside forces.” [page
The “first wave of tort reform” [Page 107] dates back to the 1970s when states began enacting medical malpractice reforms aimed at capping damages on pain and suffering and limiting attorneys’ fees for plaintiff lawyers. Barton identifies a 1986 Department of Justice report as a major impetus for further tort reform by state legislatures. The report concluded that excessive damage awards resulting from tort claims were causing insurance rates to rise, and recommending “caps on non-economic damages” and “limitations on contingency fees.” [Page 107], As examples of federal tort reform, Barton cites the “Private Securities Law Reform Act of 1995 and the Securities Litigation Uniform Standards Act of 1998 … [which] placed limits on shareholder securities-fraud lawsuits.” [Page 108]. In addition, federally funded legal aid programs have been cut significantly since the 1980s, starting when President Reagan cut funding by 25 percent in …show more content…
He states that “[i]n most areas of the economy it is not acceptable to answer the question, ‘Why is it done this way?” with ‘We’ve always done it that way.’ In law, that is not only an acceptable answer, it is the best and most basic answer. A lifetime of training in stare decisis, precedent, and the common law system actually dictates that answer.” [page 175] As a result, “[c]hange has been very slow and frequently dictated by outside forces.” [page