Regulation Versus Litigation

by Kessler, Daniel P.

• ISBN13: 9780226432182
• ISBN10: 0226432181
• Format: Hardcover
• Copyright: 2011-02-01
• Publisher: Univ of Chicago Pr

Summary

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 Litigationsheds light on the costs and benefits of two important instruments of economic policy.

Table of Contents

Acknowledgments	p. ix
Introduction	p. 1
Regulation (Agencies) versus Litigation (Courts): An Analytical Framework	p. 11
Efficient Regulation	p. 27
The Trouble with Cases	p. 45
Tobacco Regulation through Litigation: The Master Settlement Agreement	p. 71
Gun Control after Heller: Litigating against Regulation	p. 103
The Effects of Product Liability Exemption in the Presence of the FDA	p. 137
The Impact of Employment Protection on Workers Disabled by Workplace Injuries	p. 165
Opting Out of Workers' Compensation in Texas: A Survey of Large, Multistate Nonsubscribers	p. 197
M&A Break Fees: U.S. Litigation versus UK Regulation	p. 239
Exploring Ex Ante Regulatory Mechanisms for Detecting Prescription Drug Misuse	p. 285
Natural Disaster Management: Earthquake Risk and Hospitals' Provision of Essential Services in California	p. 301
Contributors	p. 321
Author Index	p. 323
Subject Index	p. 329
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