Saturday, May 10, 2014

Vexatious litigation Although the examples given in this wikipedia article sound like what they say, this little alcove of a topic raises issues around false positives. It would be unlikely that someone would be fraudulently added to "a list" that barred them from using the courts - and/or forced them to represent themselves because attorneys could themselves get in trouble for representing them - yet the severity of being on a list that bars you from using the courts is pretty freaking severe, and the U.S. now has NDAA and other dumbfoundingly bad and dangerous anti-terror measures. So it should not be discounted that a way of protecting society from "bad faith" litigation could itself be riddled with either accidental or disingenuous usage. Especially if the effect of the blacklist itself was a catch-22 situation where the person was then unable to challenge having been put on (by using the courts.)

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