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Regulatory Reform: Creating Gaps and Making Markets
Author(s) -
HARRINGTON CHRISTINE B.
Publication year - 1988
Publication title -
law and policy
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.534
H-Index - 45
eISSN - 1467-9930
pISSN - 0265-8240
DOI - 10.1111/j.1467-9930.1988.tb00014.x
Subject(s) - regulatory reform , negotiation , ideology , state (computer science) , general partnership , politics , law reform , regulatory state , reform act , law and economics , political science , public administration , economics , law , algorithm , computer science
This article argues that dispute processing reform, such as regulatory negotiation, plays a role in constructing a “crisis” in regulatory litigation and defining a new partnership between regulated interests and the state. Unlike traditional studies of regulatory reform, which tend to evaluate the behavioral impact of legal reform on policy, I argue that reforms themselves play a constitutive role in politics. The article examines the ideology of regulatory negotiation and presents empirical data on federal regulatory litigation in the U.S. Courts of Appeals (1940–1985), to demonstrate that this legal reform is part of a general drive toward a minimalist state.