The fact is, what people want it Michigan is different than what people want in Tennessee. Likewise, what is desired by the majority of folks in Northern Virginia is despised by those in Southern Virginia. True in politics, true in legal systems.

Yes, there will always be those who game the system. But unifying under one standard can only result in a system that leaves no one satisfied.

In my own teaching on this, I begin with a slide titled “The Constant Gardner versus the King of Torts.” Point being - to get beyond the demonizing and counter-demonizing that so infects rational discussion on this question.

It is too much to summarize here, but there have been excellent, and accessible, commentaries on these issues that a lot of people (obviously not all) would view as reasonably fair, reasonably balanced, and reasonably sane! Forbes, Business Week, and a range of other “lay” publications have done very good overviews - both of the scale of the problem, what is real and not real about it, the ways it gets profoundly politicized, and - most important - potential solutions. Those may be good places to begin.

One of the smarter things I read - I think this was in Biz Week - is that the way one engages this issue almost always says profound things about one’s political-economic first principles more generally. That is, all of us begin with a certain set of presumptions that are, for us, “the foundation.” So rational discussion on this issue - beyond demonizing and “screaming points” - can lead to some pretty deep intellectual/political self-reflection if we are willing to go there. I hope we are!

1. Honored that the Michigan Legislation was awarded a “dishonorable mention” by ATRA. While their phrasing was vague - the usual demonology of trial lawyers, etc. - it was in response to the Michigan House’s bill repealing our state’s full civil-liability immunity for drug companies. That passed the house by a two-thirds majority, and a bi-partisan one. (About one-third of Republican reps joined most [but not all] of the Dem reps in voting for repeal.)

Does ATRA see all these folks as part of the Trial Lawyer Conspiracy? Or the 70% percent of Michigan citizens who support repeal?

2. Also interesting that Texas got on there, although not the whole state. After Michigan, Texas has the strongest shield law against bringing suit in a “failure-to-warn” pharmaceutical context.

3. Speaking of Watch Lists, I think I’ll go and update myself on who funds ATRA and their affiliate franchises. It’s always been enlightening work.