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Michael Kinsey, taking a break from offering his breathtaking insight that the stimulus package is not cost free (who knew?), has an editorial in the Washington Post discussing the insanity of juries deciding complicated issues regarding whether proper warnings are placed on drugs. Kinsey just can?t figure out why we don?t defer blindly to the scientists at the FDA. Setting aside the fact that the FDA does not have a scintilla of the post-marketing information about a product that the drug manufacturer does, Kinsey should note that this country has been putting complicated issues before a jury since before the American Revolution. This works for the same reason President Obama can make decisions about the military and the economy even though he is not a military tactician or an economist: he can listen to the people who do know and can make the call for himself. Ronald Reagan was certainly not the smartest guy in the room but he is considered one of history?s more successful presidents. How did he do it? Getting the smart guys in a room and deciding which view made the most sense. We have been doing this with jury trials for quite some time now with success, even throwing in an Amendment about it somewhere along the way. There is an elitist view held by many ? including people like Kinsey whose views on many things I share ? that juries are too stupid or disinterested to make the right call. This elitist view of the world is just plain wrong. It makes me want to go hug Sarah Palin. (Okay, not really.)

The Maryland Daily Record has a post about difficult job prospects for Maryland law students. The good news, as I note in the comments on my post on the Venable layoffs, is that in the long run of history, the jobs will come back. Unless we follow the Japanese model of an ?L? shaped recovery. No forget that. These lost legal jobs and opportunities will come back. Note the Daily Record takes a shot at putting video on their website which is the first time I have seen that. Cool feature for a story for which you have a particular interest.

Full post as published by Maryland Injury Lawyer Blog on March 17, 2009 (boomark / email).