Abstract:
One of the most enduring debates at the intersection of administrative and tort law focuses on the challenge of identifying the most effective means of ensuring consumer safety. In some circumstances, standard-setting administrative regulations may be sufficient to protect consumers from harm while at the same supporting the growth of valuable industries. In other circumstances, regulation may need to be supplemented by a complementary tort regime that fills the compensation gap when consumers suffer injury. The discussion among policymakers and legal scholars about which system to favor is continually playing out in a variety of arenas, most notably in the medical industry – two recent Supreme Court decisions analyzing the preemptive effect of regulation in the pharmaceutical and medical device industries have addressed this critical issue head-on …
Sawicki, Nadia N., Patient Protection and Decision Aid Quality: Regulatory and Tort Law Approaches (March 27, 2012). Public Law and Legal Theory Research Paper No. 2012-004.
First posted 2012-03-30 06:04:46
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