Rules Are Not Enough by ProQuest

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Republican Senator Orrin Hatch fears it is a code word for judicial "activism," a potent political issue, if a notoriously elusive concept. Noonan wonders why Cardozo thought it was preferable to announce a rule that makes a single unlucky passenger bear the entire loss from an accident instead of assigning it to the railroad, which could distribute the cost of compensating the injured person among all passengers by slightly raising ticket prices.

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