Document Type

Article

Publication Title

John Marshall Law Review

Abstract

I think everything that Michael Leech has said, without exception, is dead wrong. Now, let me explain why. His first point is to indict American society as it operates today for its divisiveness, its decline in education and its overall stress and strain. Fair enough. However, nothing I have advocated has been the law of this country since 1965. Every one of the social ills that Mr. Leech referred to, from illegitimacy, to lack of education, to crime, to racial segregation, is higher and more pitched today than it was in 1965. To say that the current situation should be attributed to policies which are not in effect is to ask the obvious question - why are these unanticipated, unexpected and unwanted consequences laid at the doorstep of those who oppose the dominant legal policies after they were implemented? It is simply odd to claim that those policies which were never adopted should be invoked to explain the deplorable conditions that society experiences today. We should not lay the sins of modern regulation on the doorsteps of markets.

First Page

617

Volume

29

Publication Date

1996

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