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Competition in the Private Enforcement of Regulatory Law

Authors: Hannah L. Buxbaum;

Competition in the Private Enforcement of Regulatory Law

Abstract

This short essay was prepared for a conference on economic law that focused in part on the development of inter-jurisdictional competition between regulatory systems. The essay addresses private enforcement of regulatory law, inquiring whether some form of competition might develop between national systems for the private damages claims of parties injured by regulatory violations. It considers some situations in which plaintiffs have a choice of legal regime in which to assert such claims, and the benefits that competition for them might bring. However, it notes that unlike the competition for corporate charters, this form of competition would necessarily remain quite limited, and concludes that its costs would therefore likely outweigh its benefits.

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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
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