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Regulation Through Litigation
Editors:
Publisher:
2004
Summary
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 policiespolicies 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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Bibliographic data
Copyright year
2004
ISBN-Print
978-0-8157-0610-6
ISBN-Online
978-0-8157-9885-9
Publisher
Rowman & Littlefield, Lanham
Language
English
Pages
371
Product type
Edited Book
Table of contents
ChapterPages
Foreword No access
Table of Contents No access
Overview No access Pages 1 - 21
Tobacco: Regulation and Taxation through Litigation No access Pages 22 - 66
Litigation as Regulation: Firearms No access Pages 67 - 105
Litigating Lead-Based Paint Hazards No access Pages 106 - 141
Breast Implants: Regulation, Litigation, and Science No access Pages 142 - 182
Malpractice Pressure, Managed Care, and Physician Behavior No access Pages 183 - 211
The Insurance Effects of Regulation by Litigation No access Pages 212 - 243
The Regulatory Advantage of Class Action No access Pages 244 - 309
Implications for Legal Reform No access Pages 310 - 356
Contributors No access Pages 357 - 358
Index No access Pages 359 - 371
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