Perhaps no other subject in American political discourse ignites more passionate discussion than the impact of tort law upon the private sector. Proponents of current tort law -- particularly plaintiffs' attorneys - argue that the current commercial tort law infrastructure helps to ensure that manufacturers, wholesalers, and retailers manufacture, market, and sell products that are safe upon entering the stream of commerce.

On the other hand, many elected decision-makers - especially legislators from the Republican Party - have long argued that tort liability provides a strong disincentive for corporations to conduct significant commercial activity in the United States. They also argue that the current system of tort law usually results in corporations spending excessive funds on legal services in anticipation of tort lawsuits, and has become an unacceptable cost of doing business in the United States.

What do you think about the relationship between tort law and commercial productivity in the United States? Do you believe that companies should enjoy greater protections against potential tortfeasors? Or, contrariwise, has the current system of commercial tort law generally served the country well? Might it make sense to broaden the scope of tort liability in order to ensure the safe introduction of products into the stream of commerce?