Regulation by Litigation
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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Become an affiliateAndrew P. Morriss is H. Ross and Helen Workman Professor of Law and Professor of Business, University of Illinois, Urbana-Champaign, IL. He lives in Fisher, IL. Bruce Yandle is Alumni Distinguished Professor of Economics Emeritus, Clemson University. He lives in Clemson, SC. Andrew Dorchak is Head of Reference and Foreign/International Law Specialist, Case Western Reserve University School of Law Library. He lives in Cleveland, OH.