Law and Post-Privatization Regulatory Reform: Perspectives from the U.S. Experience

Yale Law School, Program for Studies in Law, Economics and Public Policy, Working Paper No. 222

23 Pages Posted: 9 Nov 1999

Multiple version iconThere are 2 versions of this paper

Date Written: October 1999

Abstract

The paper identifies three paradigmatic roles that public law can play in the kind of post-privatization political and policy environments in which emerging liberal democracies are now situated. These roles are (1) to create and institutionalize a strong but rebuttable presumption in favor of market solutions to social problems; (2) to maximize the effectiveness of regulation where it is used; and (3) to establish extra-regulatory institutions and processes that can help monitor, augment, and discipline ther resulting hybrid system of markets and regulation. The paper discusses how American public law has implemented these roles.

Suggested Citation

Schuck, Peter H., Law and Post-Privatization Regulatory Reform: Perspectives from the U.S. Experience (October 1999). Yale Law School, Program for Studies in Law, Economics and Public Policy, Working Paper No. 222. Available at SSRN: https://ssrn.com/abstract=191353 or http://dx.doi.org/10.2139/ssrn.191353

Peter H. Schuck (Contact Author)

Yale University - Law School ( email )

P.O. Box 208215
New Haven, CT 06520-8215
United States

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