Regulation Through Litigation

Regulation Through Litigation

by W. Kip Viscusi
     
 

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ISBN-10: 0815706103

ISBN-13: 9780815706106

Pub. Date: 07/28/2002

Publisher: Brookings Institution Press

Recent high-stakes lawsuits 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 that involve less public input and accountability than those arising from government regulation. The contributors to this volume shed light on regulation

Overview

Recent high-stakes lawsuits 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 that involve less public input and accountability than those arising from government regulation. The contributors to this volume shed light on regulation through litigation in case studies involving tobacco, guns, lead paint, breast implants, and health maintenance organizations. They also analyze the ramifications of large-scale lawsuits, mass torts, and class actions for the insurance market.

Product Details

ISBN-13:
9780815706106
Publisher:
Brookings Institution Press
Publication date:
07/28/2002
Pages:
352
Product dimensions:
6.00(w) x 9.00(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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