Regulation through litigation
Recent high-profile lawsuits involving cigarettes, guns, breast implants, and other products have created new frictions between litigation and regulation. Increasingly, litigation is being used as a financial lever to force companies to accept negotiated regulatory policies -- policies that invariably involve less public input and accountability than those arising from government regulation. The process not only usurps the traditional governmental authority for regulation but also shifts the lo…
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- Full title :Regulation through litigation / W. Kip Viscusi, editor.
Summary
Recent high-profile lawsuits involving cigarettes, guns, breast implants, and other products have created new frictions between litigation and regulation. Increasingly, litigation is being used as a financial lever to force companies to accept negotiated regulatory policies -- policies that invariably involve less public input and accountability than those arising from government regulation. The process not only usurps the traditional governmental authority for regulation but also shifts the locus of establishing tax policy from the legislature to the parties involved in the litigation. Citizen interests are not explicitly represented, and there is no mechanism to ensure that these outcomes are in society's best interests.
Regulation through litigation poses new sets of questions for scholars and policymakers. Under what circumstances is it appropriate to foster broad policy changes through such litigation? Should these efforts be viewed as a form of financial blackmail or a new policy tool that overcomes perceived inadequacies in the political process?
The contributors to this volume shed light on this new class of litigation by focusing on case studies involving the tobacco industry, guns, lead paint, breast implants, and health maintenance organizations. They analyze the ramifications of large-scale lawsuits, mass torts, and class actions for the insurance market and advocate increased public scrutiny of attorney reimbursement and a competitive bidding process for all lawsuits involving government entities as the plaintiffs. Book jacket.
Edition Statements
- Publication Date:©2002.
Publication Statements
- Publisher(s):AEI-Brookings Joint Center for Regulatory Studies
- Place of Publication:Washington, D.C
- Language:eng
- Publication Date:©2002.
The Physical Object
- Description:viii, 369 pages : : illustrations ; : 24 cm
Edition Identifiers
- ISBN:0815706103, 9780815706106, 081570609X, 9780815706090
- oclc:ocm49582606
- LC Classification:KF8896.5
- Dewey Decimal:347.73/53
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