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Regulation by litigation: Not so bad?
Author(s) -
Funk William
Publication year - 2011
Publication title -
regulation and governance
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 1.417
H-Index - 45
eISSN - 1748-5991
pISSN - 1748-5983
DOI - 10.1111/j.1748-5991.2011.01104.x
Subject(s) - law and economics , public choice , civil litigation , public interest , economics , litigation risk analysis , political science , law , accounting , politics , audit
This is a review essay concerning the book Regulation by Litigation . Utilizing public choice theory as the basis of its analysis, the book presents three case studies designed to demonstrate that regulation by litigation does not serve the public interest. This review essay attempts to show that public choice theory does not explain the decision to use litigation in these cases, that the alleged failure of litigation in these cases might not be failures at all, and that regulation by litigation is not the unmitigated evil the authors of the book suggest.