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One thread of reasoning that I see that merits further discussion from the original post is that LEGISLATION IS JUST THE FIRST STEP IN REGULATION. Lawyers are extremely skilled in building cottage industries out of specific laws passed by Congress.
Examples:
Disabilities discrimination practices based on the ADA (Americans with Disabilities Act)
Title VII discrimination practices based on the 1964 Civil Rights Act
ERISA practices based on the federal retirement statute of the 1970s.
The problem with using litigation to regulate is there is no braking mechanism as lawyers seek to expand the scope and applicability of this law. Just look at the original RICO statute of the 1960s...this has been expanded by plaintiffs' attorneys to apply to hospitals or nonprofit groups which are WAYYYY OUTSIDE of the original target of RICO--gangsters.
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