For several decades now a debate has raged about policy-making by litigation. Spurred by the way in which tobacco, 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...

Constitutive rules, as prominently theorized by John Searle, create the very possibility of engaging in some form of behavior. This distinguishes constitutive rules from regulative rules, which seek to regulate antecedently extant and defined behavior. So although it is conceptually possible to...

For several decades now a debate has raged about policy-making by litigation. Spurred by the way in which tobacco, 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...

For several decades now a debate has raged about policy-making by litigation. Spurred by the way in which tobacco, 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...

Both criminal and regulatory law have traditionally been skeptical of what Jeremy Bentham referred to as evidentiary offenses - the prohibition (or regulation) of some activity not because it is wrong, but because it probabilistically (but not universally) indicates that a real wrong has...