One could rightly argue that mismanagement and lack of oversight caused many of the problems that necessitated brokerage firms toseek capital tosurvive and resulted in these hook-ups.
They did lose all those battles and revolutions and, in order tosurvive till the next revolution, they had toseek a modus vivendi with their foreign rulers.
The unstable landscape Scalia refers to promotes the lucrative specialty of forum-shopping, in which plaintiff lawyers seek out the courts and judges most likely to allow their cases tosurvive a motion to dismiss, usually the last step before a tidy settlement.