Unwinding wrong precedents

[Michael Masinter]

Just to be clear, I did not write the quoted statement; it appeared in  
a post to which I responded.

Mike

Michael R. Masinter                      3305 College Avenue
Professor of Law                         Fort Lauderdale, FL 33314
Nova Southeastern University             954.262.6151 (voice)
masinter at nova.edu                        954.262.3835 (fax)



Quoting Frank Cross <crossf at mail.utexas.edu>:

>
> Statements such as this are terribly annoying
>
>> The departures from
>> constitutional fidelity have almost all been toward expanding
>> governmental powers. It is a false model that all those benefits
>> cited need government to provide them. In almost all cases they would
>> be better realized with less or no governmental intervention. People
>> have a way of working things out among themselves if left alone.
>
> Not only is it an unsupported assertion but it is obviously false.  The
> government took action only because they were not being realized
> without government intervention.
> We know they wouldn't be worked out privately precisely because they weren't.
>
>
>
>
>
>
> At 04:13 PM 8/17/2011, Michael Masinter wrote:
>> The departures from
>> constitutional fidelity have almost all been toward expanding
>> governmental powers. It is a false model that all those benefits
>> cited need government to provide them. In almost all cases they would
>> be better realized with less or no governmental intervention. People
>> have a way of working things out among themselves if left alone.
>
> Frank B. Cross
> Herbert D. Kelleher Centennial Professor of Business Law
> McCombs School of Business
> University of Texas
> CBA 5.202 (B6500)
> Austin, TX 78712-0212
> 512.471.5250