Regulation by Litigation - Morriss, Andrew P.; Yandle, Bruce; Dorchak, Andrew - Yale University Press

Political Science

Regulation by Litigation

  • Andrew P. Morriss, Bruce Yandle, and Andrew Dorchak
      REVIEWS             PREVIEW             CONTENTS             EXCERPTS      

Federal and state regulatory agencies are increasingly making use of litigation as a means of regulation. In this book, three experts in regulatory law and theory offer a systematic analysis of the use of litigation to impose substantive regulatory measures, including a public choice-based analysis of why agencies choose to litigate in some circumstances.


The book examines three major cases in which litigation was used to achieve regulatory ends: the EPA’s suit against heavy duty diesel engine manufacturers; asbestos and silica dust litigation by private attorneys; and private and state lawsuits against cigarette manufacturers. The authors argue that litigation is an inappropriate means for establishing substantive regulatory provisions, and they conclude by suggesting a variety of reforms to help curb today’s growing reliance on such practice.

Andrew P. Morriss is H. Ross and Helen Workman Professor of Law and Professor of Business, University of Illinois, Urbana-Champaign, IL. He lives in Fisher, IL. Bruce Yandle is Alumni Distinguished Professor of Economics Emeritus, Clemson University. He lives in Clemson, SC. Andrew Dorchak is Head of Reference and Foreign/International Law Specialist, Case Western Reserve University School of Law Library. He lives in Cleveland, OH.