Zeckhauser, Richard; Schauer, Frederick - National Bureau of Economic Research (NBER) - 2009
, environmental, and other litigation has functioned as an alternative form of regulation, the debate asks whether policy-making or … regulation by litigation is more or less socially desirable than more traditional policy-making by ex ante rule-making by … things considered. Rather, we seek to show that any form of regulation that is dominated by high-salience particular cases is …