The Conservative Case against Private Enforcement
The Conservative Case against Private Enforcement
This chapter canvasses the major arguments made by conservatives, libertarians, and business interests against private enforcement of the law. Some opposition is due not so much to who the enforcer is, but to the underlying laws being enforced. But some opposition comes from skepticism about profit-motivated lawyers, capture of courts by plaintiffs and their lawyers, and the lack of accountability of private lawyers. This chapter argues that this opposition is unduly pessimistic, especially when the private attorney general is compared to government lawyers.
Keywords: conservative, libertarian, private attorney general, profit-motivated, lawyers, capture
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