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Regulation by Litigation

  • Authors: Morriss - Andrew - Andrew P. Morriss - Bruce Yandle - Andrew Dorchak - Andrew P.; Yandle -…
  • ISBN 10: 0300120028
  • ISBN 13: 9780300120028
  • Release: December 9, 2008
  • Format: Hardcover (296 pages)
  • List Price: $50.00
  • More Details

    List Price: $50.00

    Tags: Law, General,

    Book Description:
    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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