op-eds
Welcome to Common Good's comprehensive list of op-eds. To see our op-eds for a specific subject area, visit our Schools Op-eds, Healthcare Op-eds, or Society Op-eds.
New Ideas for Liability Reform: Health Courts and Administrative Compensation
Paul Barringer, PA ACOG News, June 7, 2007
Common Good General Counsel Paul Barringer details the promise for health courts in Pennsylvania, a state particularly attuned to the problems with our current medical malpractice system.
Conley R.I.P.
Philip K. Howard, New York Sun, June 4, 2007
Common Good Chair Philip K. Howard discusses the Supreme Court's recent repudiation of Conley v. Gibson, a 1957 case which opened the floodgates to abusive litigation, and argues that the Court should take responsibility for a shift in judicial approach towards affirmative assertion of values of reasonableness.
Dedicated Health Courts Can End Malpractice Crisis
Philip K. Howard, Washington Examiner, May 11, 2007
In the Washington Examiner, Common Good Chair Philip K. Howard describes how distrust of the American justice system has led to a crisis in healthcare.
Beyond Tort Reform
Philip K. Howard, New York Sun, February 5, 2007
What Matters Most
Randi Weingarten, New York Times, October 15, 2006
Weingarten, President of the United Federation of Teachers, writes about how Common Good's "All in a Day's Work" report illuminates the burden of day-to-day bureaucracy on teachers.
Making Civil Justice Sane
Philip K. Howard, City Journal, April 17, 2006
Judges should stop unreasonable lawsuits before they start.
When Fear Is Deadly
Philip K. Howard, The New York Sun, March 14, 2006
Common Good Chair Philip Howard argues that the case of Charles Cullen, the nurse who pleaded guilty to killing at least 29 patients in hospitals in New Jersey and Pennsylvania, demonstrates that we need reform in employment law so that fear of litigation does not stop supervisors from giving honest references about their employees.
Juryless Health Courts Could Stabilize 'Crisis'
Philip K. Howard, The Wall Street Journal, February 28, 2006
Common Good Chair Philip K. Howard writes that the recent ABA resolution opposing the creation of special health courts smacks of self-interest by lawyers.
The Case for Health Courts
Philip K. Howard, ThisMakesMeSick.com, February 10, 2006
Common Good Chair Philip K. Howard explains why we need special health courts.
Health Courts: A Better Approach to Malpractice Reform
Paul Barringer, BNA Health Law Reporter, June 23, 2005
Why do we need special health courts? How would health courts work? How can health courts become a reality? Common Good General Counsel Paul Barringer answers these questions in the BNA Health Law Reporter.
Class War
Philip K. Howard, The Wall Street Journal, May 24, 2005
Common Good chair Philip K. Howard calls attention to the "most unappreciated" problem in our public schools: "the general decline in order."
Free the Schools
Philip K. Howard, New York Daily News, May 15, 2005
Common Good chair Philip K. Howard argues that effective schools and real accountability will only be created by abandoning the "bureaucratic structure" of public education.
Let's Create Health Courts
Paul Barringer, The National Law Journal, May 2, 2005
In a special to The National Law Journal, Common Good general counsel Paul Barringer lays out the argument for special health courts and discusses the growing support from healthcare and patient safety experts and from political leaders on both sides of the aisle.
Charity Case
Philip K. Howard, The Wall Street Journal, March 17, 2005
Common Good chair Philip K. Howard discusses how volunteerism has become the latest casualty of American justice.
You Can't Buy Your Way Out of a Bureaucracy
Philip K. Howard, The New York Times, December 3, 2004
Common Good chair Philip K. Howard calls national attention to the "insurmountable legal barrier" that "blocks even the simplest of choices" in today's public schools.
It's No Fun Playing Torts
Philip K. Howard, Legal Times, November 15, 2004
This op-ed by Common Good chair Philip K. Howard argues that "[T]he core question in civil justice--who can sue for what--must be decided as a matter of law by judges, not by juries on an ad hoc basis."
Dispelling Malpractice Myths
William R. Brody, The Washington Post, November 14, 2004
An op-ed by Common Good Advisory Board member William R. Brody.
A Case for Medical Justice
Philip K. Howard, The Philadelphia Inquirer, May 16, 2004
To ensure consistency in awards, malpractice suits should be reserved for judges with special training.
Impose Legal Limits to Preserve Freedoms
Griffin Bell and Alan Simpson, The Atlanta Journal-Constitution, March 5, 2004
Former U.S. Attorney General Griffin Bell and former U.S. Senator Alan Simpson, both Common Good Advisory Board members, argue that Congress must draw the line on who can sue for what. "What's really at stake ... is ... the health and vitality of common institutions such as schools and hospitals and, ultimately, the fabric of a free society."
Heal the Law, Then Health Care
Troyen A. Brennan and Philip K. Howard, The Washington Post, January 25, 2004
"The legal system today is a string of ad hoc decisions, jury by jury, with no rulings of right and wrong and no guidance on where to improve."
Asking for Trouble
Diane Ravitch, New York Post, December 19, 2003
An op-ed by Common Good Advisory Board member Diane Ravitch.
When Judges Won't Judge
Philip K. Howard, The Wall Street Journal, October 22, 2003
Common Good chair Philip K. Howard argues that judges must act as gatekeepers, drawing the line on who can sue for what.
The Best Course of Treatment
Philip K. Howard, The New York Times, July 21, 2003
"Doctors and patients aren't natural enemies. They've been driven apart by an unreliable system of justice that tolerates both abusive claims and bad care, breeding distrust on both sides."
Yes, It's a Mess - But Here's How to Fix It
Philip K. Howard, Time Magazine, July 2, 2003
TIME Magazine's cover story, "The Doctor is Out", takes an in-depth look at the effects of rising malpractice insurance rates with stories from doctors, patients, insurers and lawmakers. In a featured editorial, Common Good chair Philip K. Howard offers a solution to the growing malpractice crisis.
Legal Malpractice
Philip K. Howard, The Wall Street Journal, January 27, 2003
"Who's in charge today? No one. No judge, legislature, or agency is making deliberate judgments of what is reasonable care and what is not."
Restore Reliability to Medical Justice
Nancy Udell, American Association of Neurological Surgeons Bulletin, January 1, 2003
Common Good director of policy makes the case for a new system of medical justice, including special health courts.
The Death of Common Sense
Philip K. Howard, Ob. Gyn. News, January 1, 2003
"For every lawsuit, there are millions and probably billions of decisions made or not made reasonably, every day, because of fear of the system. It has literally changed our culture."
Is the Legal System Broken?
The New York Times, The Washington Post, December 26, 2002
Common Good Advertorial: "Reform is desperately needed but must go much further than capping excessive awards. Reform must restore reliability to law."
The Wrong Approach to Gain Better Healthcare
Philip K. Howard, St. Petersburg Times, November 10, 2002
"Restoring reliability to medical justice requires a kind of legal revolution, in which legislatures and judges, perhaps in a special medical court, begin again to make deliberate judgments about what's right and what's wrong, about what's fair and what's not."
A Drag on Our National Security
Philip K. Howard, The Washington Post, October 15, 2002
"What's ultimately needed is a new deal for public servants. The civil service system is broken. Its worst flaw -- that it suppresses the human element needed to get the job done -- is precisely what America cannot afford when ferreting out the terrorists trying to destroy the fabric of our free society."
Everybody Loses
Philip K. Howard, Daily News, September 29, 2002
"Open the door to litigation over fairness after a mass tragedy, and no one will ever be satisfied."
Facing the Limits of Law, and of Lawsuits
Philip K. Howard, New York Times, September 21, 2002
"An important lesson of Sept. 11 is that Americans must come together and face the future with a new awareness of our risks and responsibilities. Descending into a pit of litigation and recrimination cannot satisfy the families of victims; their loss can never be satisfied. But this litigation will harm all of society."
Excessive Jury Awards Endanger Medical System
Newt Gingrich, USA Today, August 13, 2002
An op-ed by Common Good Advisory Board member Newt Gingrich.
There Is No Right to Sue
Philip K. Howard, The Wall Street Journal, July 31, 2002
"The point of law is not to let anyone sue for anything. Law's goal is closer to the opposite: to draw the boundaries of who can sue for what."
We're Reaping What We Sue
George S. McGovern and Alan K. Simpson, Wall Street Journal, April 17, 2002
Former U.S. Senators from opposite sides of the aisle, George S. McGovern and Alan K. Simpson write, "Lawsuits, a vital tool of justice, support a free society only when judges and legislatures take the responsibility of deciding who can sue for what. Otherwise, fear replaces freedom." Mr. McGovern and Mr. Simpson are both Common Good Advisory Board Members.
Teachers' Rulebook is Killing the Schools
Philip K. Howard, The Daily News, June 11, 2001
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