While abuse of the legal system is certainly a problem, the way to solve it is not limit financing. That only increases economic inequality. It's like saying we can solve the SF housing crisis by banning mortgages.
While abuse of the legal system is certainly a problem, the way to solve it is not limit financing. That only increases economic inequality. It's like saying we can solve the SF housing crisis by banning mortgages.
In a case like that, it seems like a tool to perpetuate economic inequality.
The whole SCO vs IBM case was pretty unscrupulous, sleazy, and opportunistic, I agree. I'm not arguing that I have the solution to stop abuses like this. I'm saying that limiting financing is not it.
Not by limiting financing, but by recognizing and shutting down barratry and stunts.
The abuse of the legal system is, from my perspective, extremely tied to the fiscal means of the involved parties. I say this having been called to potentially be on a jury involving a claim of breach of confidentiality over a Rothko painting, asking for more than $30 million (eventually the jury verdict was a pyrrhic victory of $500,000 - likely the cost of the suit in the first place).
I guess what I'm saying is that for small-time folks, even judgments in small-claims court are tenuous in enforcement, because...well...there's not enough money involved for authorities and other entities to follow through. To me that's a distortion of the purpose of the legal system, and one where money certainly plays a role. Rather, economic inequality may result in justice inequality (a study of this would be very helpful).
I'm not certain why, either, seeing as how Citizens United was about core political speech, Federal government censorship of a video about a candidate for federal office, which if the First Amendment, specifically:
Congress shall make no law ... abridging the freedom of speech, or of the press
Means anything, it means such speech cannot be abridged.
In that context, in the traditional US context, there's no "fraud", AKA criminal libel. Although I don't agree with the extremes of New York Times Co. v. Sullivan, which removed useful feedback in the system in the civil law arena, current case law makes protection of core political speech all but "absolute".
"There was a rumor going around the circle of journalists, and while I was the one who started the rumor, its existence meant I could report it as a fact."