Comment: cost-benefit analysis and the courts

Resumo

The articles discussed here demonstrate the value of integrating administrative law, financial regulation, and securities law. Professor Coates analyzes the challenges of cost-benefit analysis (CBA) in regulatory management, while Professor Cox highlights its impact on securities regulation. This commentary asserts that regardless of one's stance on CBA's role in financial regulation, courts should have minimal involvement in its assessment. Part II outlines why courts are unsuitable for assessing the costs and benefits of financial regulation. Part III explains why policymakers should limit the courts' role in shaping CBA. Part IV suggests legislative actions to restrict the courts' influence on CBA in financial regulation. Part V provides a conclusion.