The Right to Have Rights

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An overview of In Praise of Litigation by Alexandra Lahav. Our rights to sue are slowly being limited, not just by “litigation reform” acts but particularly by Supreme Court decisions that made it harder for plaintiffs to challenge secret wrongdoing by companies, enhanced government officials’ immunity from private lawsuits, enforced mandatory arbitration clauses in standard form contracts, limited the jurisdictional reach of federal courts, etc. The common theme is increasing restrictions on the ability of ordinary people (or small businesses in some cases) to challenge illegal actions by large companies and governments.

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