ENGLISH

Regulation by Litigation

Book information

Publisher
Yale University Press
Year
2008
ISBN
9780300152517
Language
english
Format
PDF
Filesize
770 kB (788564 bytes)
Pages
296\292
Time added
2023-05-29 23:59:21

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. Contents Acknowledgments Introduction 2. The Regulator’s Dilemma 3. Modes of Regulation 4. Heavy-Duty Diesel-Engine Litigation 5. Dust Litigation 6. Tobacco Litigation 7. What Have We Learned? Notes References Index

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