Prosser on Torts is the casebook we studied in my first-year law class at the University of Minnesota Law School with the late Donald Marshall. That’s the legendary Professor William Prosser in the title, not Wisconsin Supreme Court Justice David Prosser. But at this point David Prosser could write his own book on torts.
Let’s see. We’d have Prosser on assault and other intentional torts, featuring the union kinetic action in Madison and the bullying in the rest of the state. We’d have Prosser on defamation, featuring the disgusting ad run against him during the campaign with money supplied by unions and trial lawyers. We’d have Prosser on negligence, featuring the blind eye turned on the left’s tactics by the mainstream media. We’d have Prosser on strict liability, featuring the defective candidate who ran as a political opponent of the governor and all but promised her vote to one side of a pending case.
At this point Prosser appears to have won the election. Is it too early to speculate on the meaning of the outcome? The outcome isn’t final, but if Prosser’s lead holds, it means something. At the least it means that despite the money and muscle of the left, despite the left’s hysterics and acting out, there was a silent majority that declined to join in and that turned out to say so. It means that the rule of law in Wisconsin survived to fight another day.
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