Regulation by Litigation / Katherine G. Simon.

Format:

Book

Author/Creator:

Simon, Katherine G., Author.

Contributor:

Yandle, Bruce.

Dorchak, Andrew.

Language:

English

Subjects (All):

Industrial laws and legislation--United States.

Industrial laws and legislation.

Administrative procedure--United States.

Administrative procedure.

Public interest law--United States.

Public interest law.

Actions and defenses--United States.

Actions and defenses.

Physical Description:

1 online resource (x, 282 p. )

Place of Publication:

New Haven, CT : Yale University Press, [2008]

Language Note:

English

Summary:

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:

Frontmatter

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

Notes:

Bibliographic Level Mode of Issuance: Monograph

Includes bibliographical references and index.

Description based on online resource; title from PDF title page (publisher's Web site, viewed 24. Apr 2020)

ISBN:

9786612437465

9781282437463

1282437461

9780300152517

0300152515

OCLC:

953660640