A Square Peg in a Vicious Circle: Stephen Breyer's Optimistic Prescription for the Regulatory Mess
20 Pages Posted: 14 Dec 2011 Last revised: 28 Dec 2011
Date Written: December 14, 1995
This Article reviews the book by Supreme Court Justice, Steven G. Breyer, "Breaking The Vicious Circle: Toward Effective Risk Regulation." The Author discusses this book's most significant contribution that draws attention to the current regulatory regime's systemic problems, thereby encouraging serious discussion about how to "reinvent" the regulatory process. Breyer courageously points out that the political legitimacy of the process rests to some degree on the effectiveness of its product. This Review outlines the systemic problems and the "vicious circle" identified by Justice Breyer and then proceeds to review his proposed solution. The final part presents several criticisms of his proposal and concludes while Breyer's modest suggestions may help at the margin, they settle for tinkering with the system instead of giving it the overhaul it really needs.
Keywords: regulation, regulatory policy, regulatory process, regulatory reform, administrative law
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