This article describes and compares two forms of moral regulation employed in connection with insurance institutions. The first governs through moralized personal attributes or pressures like "temptation" and "character." The second governs through moralized institutional or system attributes...

In an earlier essay, Professor Lindseth argued that the notion of delegation from the national legislature, as well as the principal-agent relationship that it implies, should be retained in our understanding of the transfer of regulatory power from the nation-state to supranational...

The administrative sphere is where 'the rubber meets the road' in the modern state. It is the point of contact between state and society where efforts to implement specific legislative goals generate the 'friction' of social and political resistance. Various kinds of resistance to state action...

The "old" days of legal and cultural theory about online interaction are already behind us. Commentators can no longer speak confidently about cyberspace as an inherently unregulatable space, where sovereign governmental entities will be impotent and where newly empowered individuals will force...

For over a decade, scathing critiques of government have been fueled by a group of studies called "regulatory scorecards," which purport to show that the costs of many government regulations vastly outweigh their benefits. One study claims that government regulations cost up to $72 billion per...

As the title indicates, this Essay is based on an observation and a strange but true tale. The observation, which will probably strike many people as uncontroversialperhaps even clichédis that law and legal procedures are at the core of American self-identity and are woven deeply into the...

This essay extends to adverse selection the critical attention provided in prior work to moral hazard. Like moral hazard, adverse selection is an old insurance concept that was adopted, formalized, and generalized by economists developing the economics of information. As with moral hazard,...

In 1995, the battle against tobacco industries reached a new frontier. After countless failed lawsuits, public skepticism, and decades of tobacco industry internal exposure, attorney generals from various states attempted to certify a nationwide class action against the five largest tobacco...

Healthcare is a fundamental human right. The right to health is as important as the right to food and shelter. Although the United States leads the world in advancing medical technology and science, it significantly lags behind other industrialized nations in regard to the basic human right to...

A 101-year-old woman's hired caregiver stole nine checks from the woman and then forged her signature, stealing $63,000 in two weeks. A nephew convinced his elderly aunt to trade in her $1.7 million bond portfolio and buy stock in his one-year-old oil and gas firm that had not done any business....