Speaking of commercial issues, he also acknowledged that it was not just regulatory litigation which was impacted by the change in a State’s economic philosophy. He said that there was always a connection between the economic structures in a state, and their manifestation on rights and liberties of citizens.
“My experiences with adjudication have led me to believe that a sustained interrogation of the seemingly “private” spheres of law provides impetus to a more robust conception of rights and liberties in all spheres.”
On finding a balance between private economic interests and regulation, he said,
“As a judge, I witness the tensions between private entrepreneurship and the state’s regulatory powers on a daily basis. In crafting my judicial opinions, I am conscious of how these seemingly benign interpretational issues determine economic coordination and investment patterns.”
Source: Barandbench