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Regulation by litigation

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  • Bruce Yandle
  • Andrew Dorchak
  • Andrew P. Morriss

Abstract

We believe that careful application of the logic of economics and public choice shines important light on regulation through litigation and can explain at least partly why regulators choose the litigation route, when they choose it, and how the choice may or may not achieve broad goals of efficiency and fairness. We present three case studies: heavy‐duty diesel engines, silica and asbestos, and the tobacco industry's Master Settlement Agreement (MSA).

Suggested Citation

  • Bruce Yandle & Andrew Dorchak & Andrew P. Morriss, 2011. "Regulation by litigation," Regulation & Governance, John Wiley & Sons, vol. 5(2), pages 241-249, June.
    • Handle: RePEc:wly:reggov:v:5:y:2011:i:2:p:241-249
    DOI: 10.1111/j.1748-5991.2011.01103.x
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