摘要：Thank you Judge Bork. I am going to save Professor Barnett until rebuttal. I am now going to attack Justice Grodin a little and Mr. Olson a lot, as he has written a book, exposing him on every flank. I largely agree with Walter Olson on two principles. One is that you should make your own bed and lie in it. And the other is that you should not whine if the other party reallocates. The first says that if you shift risk or limit liability in your contract, you should be stuck with that. The second says that if one party commits what some law and economics folks call an efficient breach, the other party should not whine or ask for punitives, although the aggrieved party is entitled to compensation. By and large I tend to agree with those principles, but I want to make two exceptions. One exception is for consumer cases. In Mr. Olson's chapter on contracts in his book, The Litigation Explosion, he spends most of his time on unconscionability cases involving consumers. To show my mean streak, I want to point out that all of those cases were at least ten years old when the book was published. I have a more upbeat message which I will give shortly. But consumer cases are something we might argue about. Personal injury cases also pose problems. As to them, I have a sense of deja vu, as this is the room in which the Reporter for ...
