We believe that careful application of the logic of economics and public choice shines important light on regulation through litigation and can explain at least partly why regulators choose the litigation route, when they choose it, and how the choice may or may not achieve broad goals of efficiency and fairness. We present three case studies: heavy-duty diesel engines, silica and asbestos, and the tobacco industry's Master Settlement Agreement (MSA).
The Mining Law of 1872 is one of the most reviled federal land laws, regularly drawing attacks as anachronistic, corporate weffare, a relic of pioneer days, and a source of major environmental problems. Born out of the experience of the nineteenth century mineral rushes, the Mining Law allows individuals to
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