Regulation Through Litigation

Author : W. Kip Viscusi
Publisher : Rowman & Littlefield
Page : 400 pages
File Size : 51,8 Mb
Release : 2004-05-13
Category : Law
ISBN : 0815798857

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Regulation through Litigation by W. Kip Viscusi Pdf

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. By focusing on case studies involving the tobacco industry, guns, lead paint, breast implants, and health maintenance organizations, the contributors to this volume collectively shed light on the likely consequences of regulation through litigation for insurance markets and society at large. 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.

Author : Daniel P. Kessler
Publisher : University of Chicago Press
Page : 344 pages
File Size : 50,5 Mb
Release : 2011-02
Category : Business & Economics
ISBN : 9780226432182

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Regulation Versus Litigation by Daniel P. Kessler Pdf

The efficacy of various political institutions is the subject of intense debate between proponents of broad legislative standards enforced through litigation and those who prefer regulation by administrative agencies. This book explores the trade-offs between litigation and regulation, the circumstances in which one approach may outperform the other, and the principles that affect the choice between addressing particular economic activities with one system or the other. Combining theoretical analysis with empirical investigation in a range of industries, including public health, financial markets, medical care, and workplace safety, Regulation versus Litigation sheds light on the costs and benefits of two important instruments of economic policy.

Author : W. Kip Viscusi
Publisher : Rowman & Littlefield
Page : 383 pages
File Size : 47,8 Mb
Release : 2004-05-13
Category : Law
ISBN : 9780815798859

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Regulation through Litigation by W. Kip Viscusi Pdf

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. By focusing on case studies involving the tobacco industry, guns, lead paint, breast implants, and health maintenance organizations, the contributors to this volume collectively shed light on the likely consequences of regulation through litigation for insurance markets and society at large. 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.

Author : Andrew P. Morriss,Bruce Yandle,Andrew Dorchak
Publisher : Yale University Press
Page : 293 pages
File Size : 44,5 Mb
Release : 2009-01-01
Category : Law
ISBN : 9780300120028

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Regulation by Litigation by Andrew P. Morriss,Bruce Yandle,Andrew Dorchak Pdf

"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"--Provided by publisher.

Author : Victor E. Schwartz,Leah Lorber,James V. DeLong
Publisher : Unknown
Page : 43 pages
File Size : 41,6 Mb
Release : 1999
Category : Judge-made law
ISBN : 0937299898

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Regulation Through Litigation Has Just Begun by Victor E. Schwartz,Leah Lorber,James V. DeLong Pdf

Author : Michael Legg
Publisher : Unknown
Page : 263 pages
File Size : 54,7 Mb
Release : 2011
Category : Actions and defenses
ISBN : 0455229503

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Regulation, Litigation and Enforcement by Michael Legg Pdf

While litigation is often considered a last resort for achieving regulatory objectives, its use can have significant impacts on the regulator and regulated entity, and a consequential impact on industry, government and the public. REGULATION, LITIGATION AND ENFORCEMENT examines the procedural aspects of litigation in the regulatory context from the perspective of theory, policy and practice. It considers litigation issues common to all regulatory schemes, such as investigation and information gathering powers, and criminal law aspects of regulatory litigation. The different regulatory regimes are considered together so that they can be compared and contrasted. REGULATION, LITIGATION AND ENFORCEMENT reviews the need for regulation, forms of regulation and techniques of regulation. Pre-litigation steps are covered; coercive investigatory powers examined; and the limitations imposed by privilege discussed.

Author : Victor E. Schwartz
Publisher : Unknown
Page : 43 pages
File Size : 42,7 Mb
Release : 1999
Category : Judge-made law
ISBN : 0937299464

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Regulation Through Litigation Has Begun by Victor E. Schwartz Pdf

Author : Institute of Medicine,Food and Nutrition Board,Standing Committee on Childhood Obesity Prevention
Publisher : National Academies Press
Page : 104 pages
File Size : 46,5 Mb
Release : 2011-08-08
Category : Medical
ISBN : 9780309210225

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Legal Strategies in Childhood Obesity Prevention by Institute of Medicine,Food and Nutrition Board,Standing Committee on Childhood Obesity Prevention Pdf

Since 1980, childhood obesity rates have more than tripled in the United States. Recent data show that almost one-third of children over 2 years of age are already overweight or obese. While the prevalence of childhood obesity appears to have plateaued in recent years, the magnitude of the problem remains unsustainably high and represents an enormous public health concern. All options for addressing the childhood obesity epidemic must therefore be explored. In the United States, legal approaches have successfully reduced other threats to public health, such as the lack of passive restraints in automobiles and the use of tobacco. The question then arises of whether laws, regulations, and litigation can likewise be used to change practices and policies that contribute to obesity. On October 21, 2010, the Institute of Medicine (IOM) held a workshop to bring together stakeholders to discuss the current and future legal strategies aimed at combating childhood obesity. Legal Strategies in Childhood Obesity Prevention summarizes the proceedings of that workshop. The report examines the challenges involved in implementing public health initiatives by using legal strategies to elicit change. It also discusses circumstances in which legal strategies are needed and effective. This workshop was created only to explore the boundaries of potential legal approaches to address childhood obesity, and therefore, does not contain recommendations for the use of such approaches.

Author : John Paul Salembier
Publisher : Markham, Ont. : LexisNexis Butterworths
Page : 447 pages
File Size : 40,5 Mb
Release : 2004
Category : Administrative law
ISBN : 0433443294

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Regulatory Law and Practice in Canada by John Paul Salembier Pdf

Author : Gary Edmond
Publisher : Routledge
Page : 302 pages
File Size : 51,8 Mb
Release : 2017-07-05
Category : Law
ISBN : 9781351937726

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Expertise in Regulation and Law by Gary Edmond Pdf

This collection of essays examines the multi-faceted roles of experts and expertise in and around contemporary legal and regulatory cultures. The essays illustrate the complexity intrinsic to the production and use of expert knowledge, particularly during transition from specialist communities to other domains such as policy formulation, regulatory standard setting and litigation. Several themes pervade the collection. These include the need to recognize that: expert knowledge and opinion is often complex, controversial and contested; there are no simple criteria for resolving disagreements between experts; appeals to 'objectivity' and 'impartiality' tend to be rhetorical rather than analytical; contests in expertise are frequently episodes in larger campaigns; there are many different models of expertise and knowledge; processes designed to deal with expert knowledge are unavoidably political; questions around who is an expert and what should count as expertise are not always self-evident; and the evidence rarely 'speaks for itself'.

Author : Bryan E Salte
Publisher : Unknown
Page : 128 pages
File Size : 42,9 Mb
Release : 2015-05
Category : Professions
ISBN : 0433478233

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The Law of Professional Regulation by Bryan E Salte Pdf

Author : Jacqueline Peel,Hari M. Osofsky
Publisher : Cambridge University Press
Page : 377 pages
File Size : 40,6 Mb
Release : 2015-04-09
Category : Law
ISBN : 9781107036062

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Climate Change Litigation by Jacqueline Peel,Hari M. Osofsky Pdf

This book examines how litigation over climate change shapes the choices of governments, corporations and the public regarding mitigation and adaptation.

Author : Christina Voigt
Publisher : Cambridge University Press
Page : 505 pages
File Size : 45,9 Mb
Release : 2019-04-18
Category : Law
ISBN : 9781108497176

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International Judicial Practice on the Environment by Christina Voigt Pdf

Evaluates the fundamental legitimacy of judicial practice in the growing number of environmental cases heard before international courts.

Author : American Bar Association. House of Delegates,Center for Professional Responsibility (American Bar Association)
Publisher : American Bar Association
Page : 216 pages
File Size : 45,9 Mb
Release : 2007
Category : Law
ISBN : 1590318730

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Model Rules of Professional Conduct by American Bar Association. House of Delegates,Center for Professional Responsibility (American Bar Association) Pdf

The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Author : R. Daniel Kelemen
Publisher : Harvard University Press
Page : 379 pages
File Size : 51,9 Mb
Release : 2011-04-01
Category : Political Science
ISBN : 9780674265028

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Eurolegalism by R. Daniel Kelemen Pdf

Despite western Europe's traditional disdain for the United States' "adversarial legalism," the European Union is shifting toward a very similar approach to the law, according to Daniel Kelemen. Coining the term "eurolegalism" to describe the hybrid that is now developing in Europe, he shows how the political and organizational realities of the EU make this shift inevitable. The model of regulatory law that had long predominated in western Europe was more informal and cooperative than its American counterpart. It relied less on lawyers, courts, and private enforcement, and more on opaque networks of bureaucrats and other interests that developed and implemented regulatory policies in concert. European regulators chose flexible, informal means of achieving their objectives, and counted on the courts to challenge their decisions only rarely. Regulation through litigation-central to the U.S. model-was largely absent in Europe. But that changed with the advent of the European Union. Kelemen argues that the EU's fragmented institutional structure and the priority it has put on market integration have generated political incentives and functional pressures that have moved EU policymakers to enact detailed, transparent, judicially enforceable rules-often framed as "rights"-and back them with public enforcement litigation as well as enhanced opportunities for private litigation by individuals, interest groups, and firms.