Regulation by Litigation: Boon or Bane?

Center for Business Law & Regulation at the Case Western Reserve University School of Law, Administrative Law Practice Group, and Litigation Practice Group

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Regulation by Litigation: Boon or Bane?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.


  • Andrew P. Morriss, H. Ross and Helen Workman Professor of Law and Professor of Business, University of Illinois, Urbana-Champaign
  • Bruce Yandle, Alumni Distinguished Professor of Economics Emeritus, Clemson University
  • Andrew Dorchak, Head of Reference and Foreign/International Law Specialist, Case Western Reserve University School of Law Library
  • David C. Vladeck, Professor of Law, Georgetown University Law Center, Formerly with Public Citizen Litigation Group
  • Roger Martella, Jr., Sidley Austin LLP, Former General Counsel, Environmental Protection Agency
  • Moderator: Jonathan H. Adler, Professor of Law and Director, Center for Business Law & Regulation, Case Western Reserve University School of Law