Comments on: The Supreme Court, moldy washers and the future of consumer class actions On the Case Fri, 15 Jul 2016 20:42:45 +0000 hourly 1 By: masaccio Fri, 06 Dec 2013 23:21:49 +0000 See? Just like the soi-disant public intellectual Richard Posner claims in his brilliant 1985 Columbia Law Rev. article:

My analysis can be summarized in the following propositions:

1. The major function of criminal law in a capitalist society is to prevent people from bypassing the system of voluntary, compensated exchange-the “market,” explicit or implicit-in situations where, because transaction costs are low, the market is a more efficient method of allocating resources than forced exchange. Market bypassing in such situations is inefficient — in the sense in which economists equate efficiency with wealth maximization — no matter how much utility it may confer on the offender. … (P. 1195, footnote omitted)

Of course, nothing stops the Corporate Persons from getting the toady Supreme Court to change the rules so they can’t use the tort law.