Is the Market State Coming to the Judiciary?

We are shifting from industrial nation-states to informational market states, that is, from a constitutional order that sought to achieve its political goals by regulating and overriding the market to an order that attempts to use the market to achieve its goals. One cause of this change is the loss of the monopoly on the collection of some kinds of mass information that governments used to possess. This does not mean the State is withering away -- far from it -- but rather that its basis for legitimacy is changing. ...