Abstract

http://ssrn.com/abstract=902412
 
 

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When All Else Fails: Regulating Risky Products Through Tort Litigation


Wendy E. Wagner


University of Texas - School of Law, The Center for Global Energy, International Arbitration, and Environmental Law


Georgetown Law Journal, Forthcoming
U of Texas Law, Public Law Research Paper No. 99

Abstract:     
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.

Number of Pages in PDF File: 51

Keywords: torts, regulation, institutions, toxic products, environment, health

JEL Classification: I18, K32

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Date posted: May 17, 2006  

Suggested Citation

Wagner, Wendy E., When All Else Fails: Regulating Risky Products Through Tort Litigation. Georgetown Law Journal, Forthcoming; U of Texas Law, Public Law Research Paper No. 99. Available at SSRN: http://ssrn.com/abstract=902412

Contact Information

Wendy E. Wagner (Contact Author)
University of Texas - School of Law, The Center for Global Energy, International Arbitration, and Environmental Law ( email )
Austin, TX
United States

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