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.
Rules Are Not Enough Cathleen Kaveny Commonweal; Jun 19, 2009; 136, 12; Docstoc pg. 6 Reproduced with permission of the copyright owner. Further reproduction prohibited without permission.
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