TortsProf Blog

Editor: Christopher J. Robinette
Widener Univ. School of Law

A Member of the Law Professor Blogs Network

Thursday, July 27, 2006

Regulation Through Litigation: Hooray...?

Wendy Wagner (Texas) has an interesting new SSRN paper, forthcoming in the Georgetown Law Journal challenging what is becoming conventional wisdom about the value of litigation in regulating dangerous products:

It is the prevailing wisdom among both the legal academy and the general public that the regulatory system is better able to ensure the safety of risky products than the tort system. In this article I argue that this is not always the case. Contrary to sharp criticisms of “regulation by litigation” propounded by leading academics such as Richard Epstein, Richard Reich, and Peter Schuck, tort litigation is sometimes the only way to encourage product safety, at least in settings where manufacturers conceal key information needed to evaluate product safety. Without this litigation, we might still be using products that we know now are exceedingly dangerous.

http://lawprofessors.typepad.com/tortsprof/2006/07/regulation_thro.html

Experts & Science, Products Liability, Scholarship | Permalink

TrackBack URL for this entry:

http://www.typepad.com/services/trackback/6a00d8341bfae553ef00d8356640b969e2

Listed below are links to weblogs that reference Regulation Through Litigation: Hooray...?:

Comments

Post a comment