
Contents
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Restoring Public Trust in Government Restoring Public Trust in Government
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The Missing Narrative The Missing Narrative
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Four Progressive Narratives Four Progressive Narratives
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Rebuilding the Institutions of Responsibility Rebuilding the Institutions of Responsibility
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Increase Agency Resources Increase Agency Resources
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Avoiding Agency Capture Avoiding Agency Capture
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Lowering Analytical and Procedural Hurdles Lowering Analytical and Procedural Hurdles
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Reorienting Oira Reorienting Oira
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Creating New Agencies Creating New Agencies
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Changing the Rules Changing the Rules
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Revisiting Voluntary Approaches Revisiting Voluntary Approaches
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Incentives to Act Responsibly Incentives to Act Responsibly
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Tax Bad Conduct. Tax Bad Conduct.
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Reduce Moral Hazard. Reduce Moral Hazard.
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Reduce Incentives to Deceive. Reduce Incentives to Deceive.
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Proactive Precautionary Protections Proactive Precautionary Protections
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Best Efforts Best Efforts
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Better Surveillance of Potentially Risky Products and Technologies Better Surveillance of Potentially Risky Products and Technologies
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Rosion-resistant Rules Rosion-resistant Rules
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Rebuilding the Institutions of Accountability Rebuilding the Institutions of Accountability
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Ensuring Accountability Through Effective Enforcement Ensuring Accountability Through Effective Enforcement
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Investing in Enforcement. Investing in Enforcement.
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Match the Penalty to the Offense. Match the Penalty to the Offense.
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Tougher Settlements. Tougher Settlements.
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Collecting Fines. Collecting Fines.
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Stronger Criminal Enforcement. Stronger Criminal Enforcement.
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Empowering Activist State AGs. Empowering Activist State AGs.
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Ensuring Accountability Through the Civil Justice System Ensuring Accountability Through the Civil Justice System
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Reinvigorating Nuisance Law. Reinvigorating Nuisance Law.
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Making the Common Law More Protective. Making the Common Law More Protective.
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Reviving Class Action Lawsuits. Reviving Class Action Lawsuits.
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Revisiting Past “Reforms”. Revisiting Past “Reforms”.
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Depoliticizing the Judiciary. Depoliticizing the Judiciary.
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Empowering Citizens Empowering Citizens
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Building a Progressive Idea Infrastructure Building a Progressive Idea Infrastructure
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Building a Progressive Influence Infrastructure Building a Progressive Influence Infrastructure
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Progressive Media Progressive Media
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Netroots Organizations Netroots Organizations
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Impediments Impediments
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A Sclerotic Idea Infrastructure A Sclerotic Idea Infrastructure
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A Robust Influence Infrastructure A Robust Influence Infrastructure
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Conclusions Conclusions
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Cite
Abstract
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.
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