Often one is assured that conservative commentators are very likable, even generous in person. Parker surely tries to project herself as a good girl alternative to Malkin and Coulter. She often takes the line that while our political views may seem heartless and cruel you can trust that she truly believes these policies will be more helpful because she herself is a good person.
However, In this article Parker just big fat lies. She makes the incredible assertion that the Republican Senators oppose the particular proposed implementation of a policy of giving rape victims access to civil litigation against companies accused of complicity.
However nothing could be further from the truth. The thirty Republican Senators could have proposed a solution she suggest which would exclude all acts of violence from requirements in employment contracts which require binding arbitration.
Of course, these Senators did nothing of the sort. And several of the Senators made it clear on the floor of the Senate that they would oppose any such effort.
The majority of the Senators who voted against the amendment support not only requirements in contracts that require binding arbitration on the terms of the more powerful party, but also the effect that this has of denying the less powerful party often an employee or consumer from any meaningful redress to violations by the more powerful party often an employer or manufacturer.
Parker could, as she often does, make the argument that though a conservative policy has unfortunate consequences for some, it is better for the greater good. That is to say that it is unfortunate that there is no recourse for a woman whose company has suppressed and or destroyed evidence of her rape, but it is better for the majority because companies pay less for liability insurance and pass the savings on to the consumer, in this case the tax payer. Yet Parker can't bring herself to make this argument as some of the Senators did. She instead lies about the Senators true position regarding contracts that require binding arbitration on the terms of the more powerful party.
While Parker's cynical lies about the Senators' position regarding rape victims are despicable. The true policy of position of the Senators is even worse.
Not only is this system unfair. But it is injurious to our economy. The common law tort system is what has allowed common law countries such as the United States far outperform countries that have less robust tort systems.
While companies complain of litigation, litigation is far better than regulation With the tort system a company is free to take the risks it desires. It can decide rather to risk litigation by a certain action or refrain from that action on the basis of its best guess as to which course would be more profitable.
When a company is instead regulated by the government they are prevented from making their own choice. They can only act in the manner described by the regulation.
Those who try to restrict access to the tort system may imagine that raped women and victims of defective products will just passively suffer in silence. Nothing in further from the truth. These victims will take their stories to their congressmen and their state legislator and regulations will be passed. These regulations will be much more burdensome than fear of lawsuits and America will lose one of its most important advantages against other countries.
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