From guns to lead paint to sub-prime mortgages to global climate change, use of the common law doctrine of public nuisance to recover damages allegedly caused by the actions of multiple parties over many years is rising. These efforts have met with mixed results, and there are serious doubts...

From Enron to Sox: shoot first, ask questions later -- What shareholders want: the optimal amount of fraud -- Imagining a world without Sox -- The costs of Sox -- The litigation time bomb -- The bottom line: has Sox been worth it? -- Immediate policy implications -- The future: regulatory hubris...

This Abstract introduces the authors' new book, The Sarbanes-Oxley Debacle: What We've Learned; How to Fix It (The AEI Press 2006). The Sarbanes-Oxley Act of 2002 (quot;SOXquot;) is a colossal failure, poorly conceived and hastily enacted during a regulatory panic. Everyone now concedes that the...

A major problem with the current environmental regulatory regime is that it does not provide a reliable process for determining or discovering either the optimal amount of pollution or the most efficient means for achieving the selected level of pollution. This Article explains how the common...