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

Eric J. Gouvin

Western New England University School of Law

Date Written: December 14, 1995

Abstract

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

Suggested Citation

Gouvin, Eric J., A Square Peg in a Vicious Circle: Stephen Breyer's Optimistic Prescription for the Regulatory Mess (December 14, 1995). Harvard Journal on Legislation, Vol. 32, p. 473, 1995. Available at SSRN: https://ssrn.com/abstract=1972218

Eric Joseph Gouvin (Contact Author)

Western New England University School of Law ( email )

1215 Wilbraham Road
Springfield, MA 01119
United States
(413) 796-2031 (Phone)
(413) 796-2038 (Fax)

HOME PAGE: http://www1.wne.edu/law/about/deans-bio.cfm

Paper statistics

Downloads
32
Abstract Views
1,221