The Federalist Society

Regulation by Litigation: Boon or Bane?

Administrative Law Practice Group and Litigation Practice Group

Andrew P. Morriss, Bruce Yandle, Andrew Dorchak, David C. Vladeck, Roger Martella Jr., Jonathan H. Adler

Start : Tuesday, March 17, 2009 11:30 AM

End   : Tuesday, March 17, 2009 2:15 PM

Add To Your Calendar


Mayflower Hotel
1127 Connecticut Ave NW
Washington, DC 20036

Sponsored by the Center for Business Law & Regulation at the Case Western Reserve University School of Law, the Federalist Society’s Administrative Law Practice Group, and Litigation Practice Group 

Regulation by Litigation: Boon or Bane?Federal regulators, state attorneys general and plaintiffs attorneys increasingly rely upon litigation to impose regulatory constraints on private businesses.  Through such “regulation by litigation” government officials and private attorneys bypass traditional processes and reorient regulatory priorities.  In a new book, Regulation by Litigation (Yale University Press), Andrew Morriss, Bruce Yandle, and Andrew Dorchak argue that such “regulation by litigation” is attractive to regulators and activists because it provides an inappropriate and undemocratic shortcut to imposing regulatory burdens on private firms, and needs to be curbed.  Others argue that regulation by litigation is an important regulatory tool that can help control corporate abuses and encourage the adoption of needed consumer protections.  Why is regulation by litigation on the rise?  Is regulation by litigation a problem?  And, if so, how can it be controlled?  Join the authors and prominent legal commentators for an exploration of these and related questions.


  • Andrew P. Morriss, H. Ross and Helen Workman Professor of Law and Professor of Business, University of Illinois, Urbana-Champaign
  • Bruce Yandle, Alumni Distinguished Professor of Economics Emeritus, Clemson University
  • Andrew Dorchak, Head of Reference and Foreign/International Law Specialist, Case Western Reserve University School of Law Library
  • David C. Vladeck, Professor of Law, Georgetown University Law Center, Formerly with Public Citizen Litigation Group
  • Roger Martella, Jr., Sidley Austin LLP, Former General Counsel, Environmental Protection Agency
  • Moderator: Jonathan H. Adler, Professor of Law and Director, Center for Business Law & Regulation, Case Western Reserve University School of Law


11:30 a.m. – 12:00 p.m.
Registration and Book Signing

12:00 p.m. – 2:15 p.m.
Panel Discussion

Registration details:

Lunch will be served
There is no charge to attend this event.

CLE Credits $20.00

Online registration is now closed. On-site registration will be available.

The Federalist Society