Correspondence
ism." That is not too illiberal, but Tsongas also had the gall to challenge the $1.1 billion pay raise for union workers included in the federal bailout for the Chrysler...
...My second point is a substantive qualm...
...That is not too illiberal, but Tsongas also had the gall to challenge the $1.1 billion pay raise for union workers included in the federal bailout for the Chrysler Corporation...
...James W. Huston is right about the Curlender case...
...replies: Like Robert K. Olsen, I have heard of clergymen being sued, but to the best of my knowledge, only for "malpractice" in their capacities as marital counsellors, etc...
...He appealed for a federal takeover of all welfare and medical assistance, establishment of a Reconstruction Finance Corporation to funnel federal money to public works projects, more federal spending to combat crime, and restoration of the 70 percent tax rate on investment income...
...There is a name for the impulse to swaddle liberal policies in nonliberal wrapping--Carterism...
...Naipaul asks, and by "them" he means American blacks...
...They feared it, and yet, by their words and actions, they helped create the conditions in which it could take place...
...I think the decision is wrong...
...I thought I had said as much in a letter to him, but he seems to have difficulty i n t e r p r e t i n g s e n t e n c e s that contain qualifying clauses...
...10001 You Love Word L you'll love VERBATIM, The Language Quarter- | ly, dealing with all aspects of language...
...How litigious can society get...
...Hen~ Regnery Chicago, Illinois The Litigious Society Allow me three comments on Joseph W. Bishop's review of The Litigious Society, by Jethro K. Lieberman, (September 198t): 1. Discussing malpractice insurance for clergy, Bishop notes that "there is no example of a holy man being hauled into court for professional incompetence...
...Rptr...
...AUTHORS WANTED BY NEW YORK PUBLISHER Leading subsidy hook publisher seeks manuscripts of all types: fiction, non-fiction, poetry, scholarly and juvenile works, etc...
...James E. Bowers Wilmington, Delaware THE AMERICAN SPECTATOR JANUARY 1982 41...
...Why should courts abdicate review of economic legislation-prompted by hostile, envious, or simply misguided majorities--if property rights are an indispensable component of personal freedom...
...I assume that he was joining his collectivist colleagues in their standard denunciation of " t h e discredited Lochner e r a . " It disturbs me to hear conservative legal scholars (especially those as eminent as Professors Bishop and Karl O'Lessker [March 1981]) voice blanket objections to the judicial treatment of economic and property rights as bona fide constitutional liberties...
...They made a great deal of it, using it to draw attention to themselves and their campaign...
...Perhaps it is more than a coincidence, then, that the man who is slouching toward the neoliberal position as he seeks the 1984 Presidential somination is Walter F. Mondale, Carter's Vice President...
...negligent infliction of severe emotional distress," in which a plaintiff may recover for simply being upset by the defendant's less than careful conduct...
...Bishop, I thought his statement " . . . to be sure, no court has yet allowed a suit on behalf of a defective infant for 'wrongful life' . . . " was a little misleading even though accurate...
...By the way, the "Dzh...
...These gems were mined by Sir Keith J o s e p h , now Margaret T h a t c h e r ' s minister of education, and by him displayed to readers of the Times of London in l e t t e r s published on 1 April and 4 May 1977...
...Mondale, an aide said, has no intention of competing with Senator Edward M. Kennedy of Massachusetts to be the spokesman for unswerving liberalism...
...After knocking around the Bay Area awhile he voices the sentiment himself~with an air of telling us something new...
...My objection to cases like 40 THE AMERICAN SPECTATOR JANUARY 1982 Locbner v. New York is the same as my objection to cases like Roe v. Wade...
...C O R R E S P O N D E N C E Misunderstanding Europe In his editorial "While Germany Sleeps," which appeared in the, November American Spectator, R. Emmett Tyrrell, Jr...
...ESSEX CT06426USA .M~ CORRESPONDENCE (continued from page 32) Ira case arose where despite the due care by the medical profession in transmitting the necessary warnings, parents made a conscious choice to proceed with a pregn a n c y , with full knowledge t h a t a seriously impMred infant would be born, that conscious choice would provide an i n t e r v e n i n g act of proximate c a u s e to preclude liability insofar as defendants other than the parents were concerned...
...One paragraph in particular from this incredible case illustrates the direction we are headed if other courts follow the lead of their brethren in California: (continued on page 40) 32 THE AMERICAN SPECTATOR JANUARY 1982 Relatives, they "have never denied that they took J o n e s ' s threat of a mass suicide seriously...
...Edelman v. Jordan [1974...
...One can sense at a certain level," Naipaul writes of Jones, "his raging hatred of the blacks whose god he claimed to be...
...Post OFFICE BOX 668~.M J'fX.J 5...
...The American College of Trial Lawyers is a professional association of lawyers skilled and experienced in the trial of cases, and membership in the College is by invitation only...
...I think that the framers of the Bill of Rights intended to give as much protection to property and economic freedom as to personal freedom...
...2. Lieberman lists novel tort causes of action...
...Antony Flew University of Reading Reading, England Defensiveness I have one quibble with Mr...
...I voted for it because I felt on balance the human-questions outweighed the efficiency questions," he said...
...I have no basis for agreeing or d i s a g r e e i n g with Mr...
...I was not aware of it when I wrote my review...
...Koch followed his riveting election critique before the Democratic National Strategy Council with a plea for' restoration of a basically liberal agenda...
...it would be better to recognize this than to take exception to the failure of others to understand us...
...In addition to the explosion of products liability, medical malpractice, corporate/securities, and habeas corpus actions in recent years, one must include the now-ubiquitous federal "civil rights" lawsuits against govvernmental entities under (Title 42, United States Code) section 1983 and the blight of "employment discrimination" causes of action created by Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967, the Equal Pay Act of 1963, and their multifarious state law counterparts...
...Bishop's responses are somewhat difficult to interpret, but I think that generally he concedes that this is the explanation...
...remarks quite correctly that "th~ Germans' understanding of us is not very sound," which he follows with the observation, "Nonetheless, the United States has come to the assistance of Europeans on no less than three occasions in this century: Two world wars and the unprecedented Marshall Plan...
...488) The implications of this kind of thinking are staggering, but such thought processes would lead nowhere were there no Supreme Court endorsement of abortion . . . . --James W. Huston Charlottesville, Virginia I thoroughly enjoyed Professor Joseph W. Bishop's review of The Litigious Society (September 1981), but offer two further observations...
...t tWhat~tV]" is to be done with them...
...It is the book's most important question...
...It would be difficult to prove that his prescriptions for salvation were wrong...
...Bradley urges that risk be injected into the economy again, but he voted for the Chrysler bailout...
...Let us also not forget that the Marshall Plan, unprecedented as it was, followed the equally unprecedented Morgenthau Plan, which, if carried to its final conclusion, wotqd have led to the impoverishment and bolshevization not only of Germany, but all of Europe...
...Quinn's complaint is that the liberal-dominated Democratic party responds "almost instinctively to instructions from union leadership...
...But his policies amounted to liberalism of a defanged sort...
...New York, N.Y...
...and Hook proceeds to notice several examples of this--as he delicately has it--"insensitiveness...
...This mindless drive for " f a i r n e s s " in all things (probably a variant of the egalitarianism/envy that Lino Graglia lampooned so effectively in these pages not long ago [May 1981]), is manifest in the present campaign for federal reparation on behalf of the West coast Japanese-Americans who were interned (after the attack on Pearl Harbor) in World War II...
...Democrats, he said, "believe in American government and we fully expect those who now denigrate it, and even despise it, will soon or late find themselves turning to it in necessity, even desperation...
...Send for free, illuatrated 40-page brochure H-80 Vantage Press, 516 W. 34 St...
...Bishop about this matter and suggested that he had perhaps confused the Association of Trial Lawyers of America (ATLA) with the American College of Trial Lawyers (ACTL...
...Bishop made the statement in connection with a discussion of no-fault legislation that " i n all but one or two states the American College of Trial Lawyers and similar organizations (very powerful lobbies, for lawyers are grossly over-represented in most legislatures) have managed either to defeat or emasculate such bills...
...Fitzpatrick v. Bitzer [1976...
...But in neither case do I think that the Justices should use the Constitution to impose their personal views, economic or social, on legislatures...
...Galbraith's recently published autobiography ("The Worldly Ways of John Kenneth Galg r a i t h , " T/~e American Spectator, October 1981), Sidney Hook conjectures that "Galbraith has no notion of what the dictatorship of the prolet a r i a t means in Communist theory and practice...
...Tsongas, the most vigorous promoter of neoliberalism, identifies in his book with Carter's policies on arms control, human rights, Africa, energy, and nuclear power, to name a few...
...The section 1983 crisis is a wholly self-inflicted one...
...The difference between slavery and self-ownership, between tyranny of the majority and freedom, can never be debatable to men of principle and reason, the obfuscations of Legal Realism notwithstanding . . . . --Mark S. Pulliam Sepulveda, Cahfornia In the September 1981 issue of The American Spectator, Joseph W. Bishop, Jr., reviewed the book The Litigious Society byJethro K. Lieberman...
...477 (1980), a suit was brought in Los Angeles by a child who was born with Tay-Sachs disease, against the laboratory which provided her parents with erroneous genetic tests prior to her birth...
...Certainly neoliberals are not the enemies of government...
...I have no reason to believe that the American College of Trial Lawyers has lobbied against no-fault legislation, although some of its members may have done so in t h e i r personal capacities...
...The Court of Appeals, Second District, heard the appeal and reversed the dismissal...
...I don't know what Professor Bishop was referring to when he cited the "ultra-conservative" Supreme Court of long ago which struck down "legislative efforts to improve the conditions of labor...
...And several neoliberals unhesitatingly opposed across-theboard marginal tax rate reductions for individuals as "trickle down economics" while proposing targeted tax cuts for business that are "trickle down" in its purest form...
...For the present highly unstable and tragic state of the world we must bear part of the responsibility...
...So,The City (and, by association, the rest of America) takes the Jonestown rap along with Guyana...
...I am in agreement with some aspects of Mark S. Pulliam's point of view...
...Send / $7.50 (U.S...
...In h i s book, Tsongas acknowledges that the Soviets are aggressive and insists that "we as a n a t i o n . . , must come to grips with the actuality of the Soviet military buildup...
...Naipaul's first reaction on hearing of the massacre was something like, Well, that's Guyana for you...
...Such damages would normally include medical and other expenses of caring for the defective child and sometimes compensation for emotional suffering...
...Alston Jennings is correct in suggesting that I confused the Association of Trial Lawyers of America with his organization, which is fairly easy to do for those who do not have a close knowledge of the two groups...
...I wonder whether Naipaul knew how popular a sentiment this was here...
...Perhaps this couldn't be helped: Naipaul had his British readers to think of (Journey came out in late 1980 in England under the title Black and White), and I trust his vision of California was a revelation to them...
...The wildest I have encountered is California's (where else...
...Jurisdictions other than California do allow damages for "emotional distress" caused parents by the birth of a defective child, but California is certainly a leader in this area...
...Pfaltzgraft's otherwise splendid treatment of the national defense (December 1981...
...3d 811, 165 Cal...
...indeed, it's the most important question posed byJonestown...
...Scheuer v. Rhodes [1974]) and allowed the imposition of attorneys' fees against state governments (Hutto v. Finney [1978...
...Challenged as to how he could say this within sight of the Berlin Wall Galbraith showed that he at least suffered no hesitations in The Age of Uncertainty: "I think the Wall is a good thing, at least it has maintained the peace...
...Equating economic liberties to the half-baked privacy/autonomy theories of Griswold v. Conn...
...Rumors of CIA conspiracies are just so many red herrings...
...Theory: Because the physician failed to diagnose the mother's rubella, he thereby deprived her of an informed decision to abort . . . . --Robert K. Olsen Los Angeles, California As a first year law student at the University of Virginia, I read with particular interest Joseph Bishop's review of Lieberman's The Litigious Society...
...Under s u c h c i r c u m s t a n c e s , we s e e no sound public policy which should protect those parents from being answerable for t h e p a i n , s u f f e r i n g , and misery which they have wrought upon their offspring...
...Much of this neoliberal rhetoric is pleasing to conservatives, but there is a measure of deception~in it, a fashionable disguise for conventional liberalism...
...After skirmishing with esties, Zen Buddhists, Male Libbers, Black Panthers, Save-theWhale maniacs, etc., he begins to see Jim Jones for the typical San Franciscan he was--a Midwestern refugee with a taste for raising consciousness...
...But his recommended policy is approval of the Salt II treaty and a naive application "to overseas situations internal American principles-such as racial equality, equal justice, and self-determination--to forestall Soviet targets of opportunity in the Third World...
...Meanwhile, back in the States, we were thinking, Figures, they're from California...
...Carter sounded unconventional and occasionally conservative as a candidate for President in 1976, if only for the sake of expedience...
...J J J.VJ...
...or $8.50 (elsewhere) for a one-year / subscription, starting with the current issue, 1 Money back if not pleased...
...It remains to be seen what the California Supreme Court will do if there is an appeal, as I expect there will be...
...Unconscionable," he said...
...He frequently speaks at functions dealing with nuclear energy and nuclear arms...
...the Atlantic Charter, which was proclaimed as our objective in intervening again, ended in the agreements made at Tehran, Yalta, and Potsdam...
...Physician, Nuke Thyself Having heard Dr...
...New authors welcomed...
...The torrent of employment discrimination litigation is, in contrast, mainly a product of legislative zeal to rectify ever,) incident of real or imagined "unfairness" in society, even among private individuals so long as they are among the most disfavored group in Arherica: the employer...
...The court sustained defendant's demurrer and plaintiff appealed...
...Questions of originality aside, however, Naipaul's judgments are necessary and correct...
...To seriously suggest a "defense dominance" strategy belies a superficial reading of military history...
...3. Bishop says "no court has yet allowed a suit, on behalf of a defective infant, for 'wrongful life.' " No, but in late August, the Seventh Federal Circuit Court of Appeals affirmed a malpractice award of $900,000 to the parents of a defective child...
...For example, the creation of the Department of Education--a bureaucratic boondoggle if there ever was one--or American bottoms for the maritime unions --probably the most expensive per capita subsidy ever devised...
...Of all the J onestown commentators only Naipaul sticks to the main issue with any passion...
...and Roe v. Wade unjustly trivializes the former while dignifying the latter . . . . Responsible conservatives must, I submit, address the New Deal/New Class animosity toward freedom of contract with a critical eye...
...a hatred so deep-seated, so tormenting that, in its fury, it turned itself inside out and called itself Love...
...While I am in no position to doubt Mr...
...They put forth a refreshing analysis, then trot out the old liberal approach...
...the Burger Court, despite a largely undeserved reputation as a "conservative" coalition, has single-handedly resurrected the archaic "Ku Klux Klan Act" (the Civil Rights Act of 1871) in a series of decisions which, inter alia, abrogated existing immunity doctrines (Monell v. New York Department o f Social Services [1978...
...Bishop was in error and that the American College of Trial Lawyers has not been engaged in lobbying so far as your publication is aware...
...It is a common error: Even the recent TV special overlooked the fact that the Romans were the winners at Masada...
...Neoliberals tend to give, then take away...
...Ratdzens" referred to in the article probably is George (Dzhordzh) Rathjens, a Defense Department official in the Carter administration who now teaches political science at MIT...
...The comments on "wrongful life" were particularly interesting as our first year legal wrking assignments deal with "wrongful life" cases...
...Mike Ellis Indianapolis, Indiana Insensitiveness In his characteristically charitable review of J.K...
...On behalf of the College, it is requested that a correction be published stating that Mr...
...Can we really accept Justice Holmes's facile characterization of the fundamental precepts of personal and political freedom as debatable assumptions of social science...
...Although I can give no specifics, personal contacts told me last spring of a local pastor being sued by the parents of a suicide, on the theory that the pastor's negligent counseling failed to prevent death...
...It is time -for an American public to read some extracts from the wit and wisdom o f J . K . Galbraith, as vouchsafed in an interview with a representative of the West German journal Die Zeit...
...Participants, including a speaker, later expressed disappointment in the direction the conference had taken...
...Helen Caldicott speak last summer at a conference on "The Medical Consequences ot Nuclear Weapons and Nuclear War" in Chicago, I was interested greatly by the Petr Beckmann article ("Antinuclear Malpractice") in your October issue...
...Actually, most courts that have considered the question do allow damages to the parents of defective children whose defect is caused by some medical malpractice, including the doctor's failure to diagnose the defect and inform the parents of their right to choose an abortion...
...The court held that there were grounds for the retarded child to collect damages, and they held that she was also entitled to punitive damages...
...It rather resembled something of a gospel meeting in which converts were sought to the cause of nuclear disarmament...
...The College has never engaged in lobbying in any state on the issue of no-fauh legislation or any other issue . . . . I have written to Mr...
...Meanwhile, our support among the rank and file of such union membership is shaky at best and nonexistent at worst...
...Moynihan concluded a speech to more than 1,000 reporters, congressmen, and Administration officials (including the President) last March with a paean to government...
...If one considea:s not just the announced purposes of our intervention into the two European wars of this century, but their results, the difficulty of the Europeans to understand us becomes more comprehensible: Wilson's Fourteen Points became the Versailles Treaty, which continued the war with different means and led to its violent resumption in 1939...
...Galbraith in that interview followed his recent announcement that he saw himself as a socialist with the chilling, bold, and for once consistent confession: " I am not p a r t i c u l a r about freedom...
...In Curlender v. Bio-Science Laboratories 106 Cal...
...Beckmann's assessment that her organization, Physicians for Social Responsibility, represents the "radical L e f t , " but it was obvious the conference s t r a y e d from its stated subject matter...
...The courts of various jurisdictions have developed a large variety of limitations on the right to recover damages for emotional suffering, unaccompanied by any physical injury...
...We had no part in the outbreak of World War I, but our intervention had a profound effect on what followed, and not,,l think it can be convincingly argued, for the better...
...During the course of his review, at page 32 of your publication, Mr...
...Alston Jenning s, president American College of Trial Lawyers Little Rock, Arkansas Joseph W. Bishop, Jr...
...Allow 6 weeks, i ]~]~ ]~ A ~I"T EA...
...Many Europeans, not unjustifiably, I think, take a rather critical View of the consequences of two of the occasions when, as Tyrrell put it, "we came to their assistance," as is evident in the following paragraph from an article from a recent issue of the conservative German magazine Criticon, by Harald Ruddenklau, who is a political advisor to the Christian Democratic Union: The 20th century brought a new element into European history through the fact that the overwhelming intervention of the United States destroyed the European ~tate structure, secured the survival and victory of the bolshevistic Soviet Union and helped the Soviet Union become a world power by handing over to it, by the elimination of Germany, the domination of Central Europe...
...However, I have been unable to find any reported case of this sort...
Vol. 15 • January 1982 • No. 1
