Regulation as delegation

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Abstract

In diverse areas-from retirement savings, to fuel economy, to prescription drugs, to consumer credit, to food and beverage consumption-government makes personal decisions for us or helps us make what it sees as better decisions. In other words, government serves as our agent. Understood in light of Principal-Agent Theory and Behavioral Principal-Agent Theory, a great deal of modern regulation can be helpfully evaluated as a hypothetical delegation. Shifting from personal decisions to public goods problems, we introduce the idea of reverse delegation, with the government as principal and the individuals as agents.

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APA

Bar-Gill, O., & Sunstein, C. R. (2015). Regulation as delegation. Journal of Legal Analysis, 7(1), 1–36. https://doi.org/10.1093/jla/lav005

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