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Regulation versus Litigation
Perspectives from Economics and Law
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Edited by:
Daniel P. Kessler
Language:
English
Published/Copyright:
2010
About this book
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 Litigation sheds light on the costs and benefits of two important instruments of economic policy.
Author / Editor information
Daniel P. Kessler is a professor at the Law School and Graduate School of Business, Stanford University; a senior fellow at Stanford's Hoover Institution; and a research associate of the NBER.
Topics
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Frontmatter
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Contents
vii -
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Acknowledgments
ix -
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Introduction
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1. Regulation (Agencies) versus Litigation (Courts): An Analytical Framework
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2. Efficient Regulation
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3. The Trouble with Cases
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4. Tobacco Regulation through Litigation: The Master Settlement Agreement
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5. Gun Control after Heller: Litigating against Regulation
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6. The Effects of Product Liability Exemption in the Presence of the FDA
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7. The Impact of Employment Protection on Workers Disabled by Workplace Injuries
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8. Opting Out of Workers’ Compensation in Texas: A Survey of Large, Multistate Nonsubscribers
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9. M&A Break Fees: U.S. Litigation versus UK Regulation
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10. Exploring Ex Ante Regulatory Mechanisms for Detecting Prescription Drug Misuse
285 -
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11. Natural Disaster Management: Earthquake Risk and Hospitals’ Provision of Essential Services in California
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Contributors
321 -
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Author Index
323 -
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Subject Index
329
Publishing information
Pages and Images/Illustrations in book
eBook published on:
December 20, 2010
eBook ISBN:
9780226432212
Pages and Images/Illustrations in book
Main content:
344
Other:
19 line drawings, 52 tables
eBook ISBN:
9780226432212
Keywords for this book
legislation; politics; litigation; regulation; administrative agencies; industry; public health; financial markets; medical care; healthcare; workplace safety; osha; trade; economy; big tobacco; gun control; nra; product liability exemption; fda; employment protection; temporary disability; labor; workers compensation; texas; prescription drugs; drug abuse; pharmacies; pill farms; opioid crisis; natural disaster; earthquakes; hospitals; nonfiction; political science; history; business; law; legal system; courts; economics
Audience(s) for this book
Professional and scholarly;
