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Federal regulators, state attorneys general and plaintiffs attorneys increasingly rely upon litigation to impose regulatory constraints on private businesses. Through such “regulation by litigation” government officials and private attorneys bypass traditional processes and reorient regulatory priorities. In a new book, Regulation by Litigation (Yale University Press), Andrew Morriss, Bruce Yandle, and Andrew Dorchak argue that such “regulation by litigation” is attractive to regulators and activists because it provides an inappropriate and undemocratic shortcut to imposing regulatory burdens on private firms, and needs to be curbed. Others argue that regulation by litigation is an important regulatory tool that can help control corporate abuses and encourage the adoption of needed consumer protections. Why is regulation by litigation on the rise? Is regulation by litigation a problem? And, if so, how can it be controlled? Join the authors and prominent legal commentators for an exploration of these and related questions.
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