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Regulation by LitigationJournal ArticlesAndrew P. Morriss, Bruce Yandle, Andrew Dorchak February 1, 2008 This article appears in Vol. 9, Issue 1 of Engage: The Journal of the Federalist Society's Practice Groups. The authors discuss the use of litigation to achieve regulatory outcomes. |
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Bootleggers, Baptists & Televangelists: Regulating Tobacco By LitigationJournal ArticlesBruce Yandle, Joseph Rotondi, Andrew P. Morriss, Andrew Dorchak September 20, 2007 The "bootleggers and Baptists" public choice theory of regulation explains how durable regulatory bargains can arise from the tacit collaboration of a public-interest-minded interest group ("the Baptists) with an economic interest ("the bootleggers"). Using the history of tobacco regulation, this article extends the bootleggers and Baptists theory of regulation to incorporate the role of policy entrepreneurs like the state attorneys general and private trial lawyers who joined forces to regulate tobacco by litigation. |
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Market Fragmenting Regulation - Why Gasoline Costs So Much (And Why It's Going to Cost More)Journal ArticlesAndrew P. Morriss, Nathaniel Stewart May 24, 2007 Recent gasoline price spikes have once again put gasoline markets on the regulatory agenda. EPA, the FTC, Congress, and state legislatures have all investigated gasoline pricing in the recent past. In the Brooklyn Law Review, Andy Morriss and Nathaniel Stewart explain why gasoline prices have increased, and why they are likely to increase more. |
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Defining What to Regulate: Silica & the Problem of Regulatory CategorizationJournal ArticlesSusan E. Dudley, Andrew P. Morriss June 1, 2006 This Administrative Law Review article examines the history of human exposure to silica, the second most common element on earth, to explore the problem of categorizing substances for regulatory purposes and the role interest groups play in developing policy. |
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The Environmental Protection Agency’s Proposed Rule for Renovation, Repair, and Painting WorkersPublic Interest CommentsAlastair J. Walling, Andrew P. Morriss May 25, 2006 The Environmental Protection Agency (EPA) has proposed certification requirements and prescribed certain work practices for workers conducting renovation, repair, and painting (RRP) work. The regulation is intended as a means of reducing the number of children with elevated blood-lead levels (EBLs) believed caused by exposure to dust from lead-based paint disturbed by RRP work. EPA's proposed certification and training requirements may have unintended effects that EPA's analysis does not consider. |
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Written Testimony Examining The Use Of Non-Consensus Standards in Workplace Health and Safety Submitted to the House Committee on Education and the WorkforceCongressional TestimoniesAndrew P. Morriss May 3, 2006 Professor Morriss's testimony is based on "Defining What to Regulate: Silica & the Problem of Regulatory Categorization," by Andrew Morriss & Susan Dudley, forthcoming in the Administrative Law Review (spring 2006). Morriss's testimony combines a review of the history of how the American Conference of Governmental Industrial Hygienists (ACGIH) consensus standards became so influential, and combines that with law and economic analysis to offer valuable insights for the current debate. |
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Defining What to Regulate: Silica & the Problem of Regulatory CategorizationResearch Papers/StudiesSusan E. Dudley, Andrew P. Morriss August 11, 2005 This article appeared as the lead article in the Administrative Law Review, Vol. 58, No. 2 (Spring 2006). For copies, please contact the Administrative Law Review directly. |
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