What do attorneys in the USA find to be the most disturbing trend in American jurisprudence?
What trend (or trends) in the American legal system do US-based attorneys find to be the most disturbing or troubling? Why do you find it to be disturbing?
The top answer, at the moment, is "I find a trend towards the supremacy of contracts to be quite troubling."
Specifically, last night some of my colleagues asked me what was the most evil contracts that lawyers ever wrote. I told them there were lawyers who plied their trade in times of war and genocide, made prisoners give up their rights under pain of death. There are lawyers who tried to justify torture, bigotry or oppression. That is clearly wrong. But in terms of lasting damage, the worst thing contract lawyers can do is use their skills to manipulate the system to disempower parties to contracts so that they are not really contracts.
Interesting take. I would be curious whether people agreed or disagreed with the respondent's take, and whether they found other disturbing trends in American Jurisprudence (I know that the power of the judiciary to "make law" will probably come up.)