Regulation by litigation

著者

書誌事項

Regulation by litigation

Andrew P. Morriss, Bruce Yandle, Andrew Dorchak

Yale University Press, c2009

  • : cloth

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注記

Includes bibliographical references (p. 243-265) and index

内容説明・目次

内容説明

Federal and state regulatory agencies are increasingly making use of litigation as a means of regulation. In this book, three experts in regulatory law and theory offer a systematic analysis of the use of litigation to impose substantive regulatory measures, including a public choice-based analysis of why agencies choose to litigate in some circumstances. The book examines three major cases in which litigation was used to achieve regulatory ends: the EPA's suit against heavy duty diesel engine manufacturers; asbestos and silica dust litigation by private attorneys; and private and state lawsuits against cigarette manufacturers. The authors argue that litigation is an inappropriate means for establishing substantive regulatory provisions, and they conclude by suggesting a variety of reforms to help curb today's growing reliance on such practice.

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