Can We Buy Our Way Out of Harmful Regulation?

Date

1977

Citation

Edmund W. Kitch, Can We Buy Our Way Out of Harmful Regulation?, in Deregulating American Industry: Legal and Economic Problems , Lexington Books (1977).

UVA Law Faculty Affiliations

Edmund W. Kitch

John W. Glynn Jr. Law & Business Program

Intellectual Property

Center for Public Law and Political Economy

More in This Category

The Duty of Creditors to Cooperate in Sovereign Debt Workouts

G. Mitu Gulati

Lee C. Buchheit

Lenders are perfectly free to decide for themselves whether, when, how, to whom and on what terms they will extend credit to a sovereign borrower. But...

Academic Economic Espionage?

Elizabeth A. Rowe

In 2018 then-Attorney General Jeff Sessions announced that Chinese espionage was occurring in university research labs, and the Department of Justice...

Business Associations: A Modern Approach

Cathy Hwang

Paolo Saguato

Engaging New Cases: The book uses fresh, timely cases in agency and partnership to show how business law is relevant in a variety of practices...

How to Legitimate the Prosecution of Politicians

Saikrishna Prakash

Ian Ayres

We propose the creation of a Prosecutor Jury—a mechanism designed to balance the need to hold politicians accountable for their crimes, and the need...

Do Land Use Plans Affirmatively Further Fair Housing?

Moira O'Neill

Paavo Monkkonen

Michael Lens

...

The 1968 Fair Housing Act required local government recipients of federal money to take meaningful actions to affirmatively further fair housing (AFFH...

Nonparty Interests in Contract Law

Cathy Hwang

Omri Ben-Shahar

David A. Hoffman

Contract law has one overarching goal: to advance the legitimate interests of the contracting parties. For the most part, scholars, judges, and...

The Article III "Party" and the Originalist Case Against Corporate Diversity Jurisdiction

Lawrence B. Solum

Mark Moller

Federal courts control an outsize share of big-ticket corporate litigation. And that control rests, to a significant degree, on the Supreme Court’s...

State Separation of Powers and the Federal Courts

Ann Woolhandler

The issue of state separation of powers generally is not one that the federal courts have had much occasion to address. Recent issues have arisen...

Bounded Extraterritoriality

Michael S. Knoll

Ruth Mason

Politics in the United States is ever more divided, stymying federal legislation. States have responded to this political polarization and...

National Security Creep in Corporate Transactions

Kristen Eichensehr

Cathy Hwang

National security review of corporate transactions has long been a relatively sleepy corner of regulatory policy. But as governments merge economic...

Do Investors Care about Municipal Debtors’ Access to Bankruptcy? Evidence from Bond Disclosures

G. Mitu Gulati

Richard C. Schragger

A key question in the academic and policy debates over the optimal architecture for sovereign debt has long been whether sovereigns should be given...

The Problem of “Relevant Experience”

Craig Konnoth

In their intriguing article “Bioethics and the Moral Authority of Experience,” Nelson and colleagues (2023) provide important insight into an...

The Perils and Promise of Public Nuisance

Leslie Kendrick

Public nuisance has lived many lives. A centuries-old doctrine defined as an unreasonable interference with a right common to the public, it is...

Are M&A Lawyers Better at Contract Drafting?

G. Mitu Gulati

Stephen Choi

This article studies the impact of exogenous legal change on whether and how lawyers across four different deal types revise their contracts’...

The Millennial Corporation: Strong Stakeholders, Weak Managers

Michal Barzuza

Quinn Curtis

David Webber

The most important phenomenon in the corporate world today is the swift and dramatic rise of the Environmental, Social, and Governance (“ESG”)...

Qualitative Market Definition

Thomas B. Nachbar

Modern antitrust law has come under intense criticism in recent years, with a bipartisan chorus of complaints about the power of technology and...

Remand Without Vacatur and the Ab Initio Invalidity of Unlawful Regulations in Administrative Law

John C. Harrison

An important administrative law doctrine developed by the lower federal courts, called remand without vacatur, rests on a mistaken premise. Courts...

Gametes: Commodification and The Fertility Industry

Kimberly D. Krawiec

In August of 2021, the American Society for Reproductive Medicine published its most recent opinion on the financial compensation of oocyte (egg)...