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Freedom to HarmThe Lasting Legacy of the Laissez Faire Revival$
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Thomas O. McGarity

Print publication date: 2013

Print ISBN-13: 9780300141245

Published to Yale Scholarship Online: October 2013

DOI: 10.12987/yale/9780300141245.001.0001

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Striking a New Bargain

Striking a New Bargain

(p.264) 18 Striking a New Bargain
Freedom to Harm

Thomas O. McGarity

Yale University Press

This chapter focuses on the progressive scholars and activists who have made impressive gains in creating narratives and carrying their message to the people with considerable financial help from progressive funders. Like the assaults on federal regulation, the assaults on the civil justice system came in three great waves, but unlike the regulatory wars, the civil justice battles were waged at both the state and federal levels. The business community's massive investment in judicial elections through the Chamber of Commerce and related organizations had an impact on judicial behavior. A study of the votes of Supreme Court justices elected in Texas between 1994 and 1998 concluded that the justices were four times as likely to hear appeals from their campaign contributors and ten times more likely to hear appeals from substantial contributors.

Keywords:   progressive scholars, activists, financial help, assaults, federal regulation, civil justice, business community

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