Regulation through Litigation

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  • Regulation through Litigation Book Detail

  • Author : Kip W. Viscusi
  • Release Date : 2004-05-13
  • Publisher : Rowman & Littlefield
  • Genre : Law
  • Pages : 400
  • ISBN 13 : 9780815798859
  • File Size : 15,15 MB

Regulation through Litigation by Kip W. Viscusi PDF Summary

Book Description: 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.

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Regulation through Litigation

Regulation through Litigation

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Recent high-profile lawsuits involving cigarettes, guns, breast implants, and other products have created new frictions between litigation and regulation. Incre

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The efficacy of various political institutions is the subject of intense debate between proponents of broad legislative standards enforced through litigation an

Regulation Through Litigation

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While litigation is often considered a last resort for achieving regulatory objectives, its use can have significant impacts on the regulator and regulated enti