Regulation Through Litigation

Regulation Through Litigation

by W. Kip Viscusi
     
 

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

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Overview

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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Product Details

ISBN-13:
9780815706106
Publisher:
AEI-Brookings Joint Center for Regulatory Studies
Publication date:
07/28/2002
Pages:
352
Product dimensions:
5.91(w) x 9.06(h) x (d)

Table of Contents

1Overview1
2Tobacco: Regulation and Taxation through Litigation22
Comment52
3Litigation as Regulation: Firearms67
Comment93
4Litigating Lead-Based Paint Hazards106
Comment136
5Breast Implants: Regulation, Litigation, and Science142
Comment178
6Malpractice Pressure, Managed Care, and Physician Behavior183
Comment205
7The Insurance Effects of Regulation by Litigation212
Comment233
8The Regulatory Advantage of Class Action244
Comment304
9Implications for Legal Reform310
Comment348
Contributors357
Index359

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