Regulation by Litigation
Overview
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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Details
- ISBN-13: 9780300120028
- ISBN-10: 0300120028
- Publisher: Yale University Press
- Publish Date: December 2008
- Dimensions: 9.3 x 6.4 x 1 inches
- Shipping Weight: 1.25 pounds
- Page Count: 296
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