Regulation and the “rights” revolution: Can (should) we rescue the new deal?

Critical Review 7 (2-3):193-204 (1993)
In After the Rights Revolution, Cass Sunstein confronts the ?Chicago? intellectual tradition on the effects of government regulation. While recognizing the many failures of regulation, Sunstein argues that most regulation serves a potentially useful purpose and that the courts can be relied on to correct the worst regulatory failures. He offers a dizzying array of prescriptions to ensure this outcome, many of which would appear to run afoul of clear congressional intent. In a more recent book, Breaking the Vicious Circle, Stephen Breyer offers a different diagnosis. He sees health?safety?environmental regulation as essentially out of control because of the ?vicious circle? created by irrational and ineffective government responses to the public's concern about the risk of exposure to carcinogens. Breyer does not believe that this vicious circle of excessive and irrational regulation can be broken by the courts. Instead, he suggests the creation of an elite bureaucratic corps with the mission of proposing more effective and less costly approaches to controlling threats to human health.
Keywords No keywords specified (fix it)
Categories (categorize this paper)
DOI 10.1080/08913819308443295
 Save to my reading list
Follow the author(s)
My bibliography
Export citation
Find it on Scholar
Edit this record
Mark as duplicate
Revision history Request removal from index
Download options
PhilPapers Archive

Upload a copy of this paper     Check publisher's policy on self-archival     Papers currently archived: 22,734
External links
Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
Through your library
References found in this work BETA

No references found.

Add more references

Citations of this work BETA

Add more citations

Similar books and articles
Lawrence J. Lad (2005). Paradoxes of Industry Self-Regulation. Proceedings of the International Association for Business and Society 16:259-262.
Richard A. Epstein (1999). Managed Care Under Siege. Journal of Medicine and Philosophy 24 (5):434 – 460.
Paul Weirich (2005). Regulation of Risks. Behavioral and Brain Sciences 28 (4):564-565.

Monthly downloads

Added to index


Total downloads

3 ( #658,871 of 1,937,449 )

Recent downloads (6 months)

1 ( #456,797 of 1,937,449 )

How can I increase my downloads?

My notes
Sign in to use this feature

Start a new thread
There  are no threads in this forum
Nothing in this forum yet.