Litigating within Relationships: Disputes and Disturbance in the Regulatory Process

in the Law and Society Review, Vol. 30, No. 4 (1996).

Posted: 25 Apr 1997

See all articles by Cary Coglianese

Cary Coglianese

University of Pennsylvania Law School

Abstract

This article reports data that contrast with an extended tradition of viewing litigation as incompatible with ongoing relationships. Within the regulatory process at the U. S. Environmental Protection Agency (EPA), nongovernmental actors having the most sustained relationships with EPA are the ones most likely to engage in litigation against the agency. Litigation within regulatory relationships is not explained by existing theory, which treats litigation largely as a function of relationships. A disturbance theory of disputing, which focuses on how litigation interacts with existing relationships, provides a more robust account of litigation generally and of its compatibility with ongoing regulatory relationships.

JEL Classification: K32, K41, L51

Suggested Citation

Coglianese, Cary, Litigating within Relationships: Disputes and Disturbance in the Regulatory Process. in the Law and Society Review, Vol. 30, No. 4 (1996).. Available at SSRN: https://ssrn.com/abstract=10412

Cary Coglianese (Contact Author)

University of Pennsylvania Law School ( email )

3501 Sansom Street
Philadelphia, PA 19104
United States
215-898-6867 (Phone)

HOME PAGE: http://www.law.upenn.edu/coglianese

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