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Keyword: journaloflaw

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  • Regulation 'In Terrorem' -- Elliot Spitzer attacks the corporate free-enterprise system.

    11/22/2004 4:17:22 PM PST · by OESY · 12 replies · 1,293+ views
    Wall Street Journal ^ | November 22, 2004 | HENRY G. MANNE
    ...In an era of general acceptance of deregulation and privatization, Mr. Spitzer has introduced the world to yet a new form of regulation, the use of the criminal law as an in terrorem weapon to force acceptance of industry-wide regulations. These rules are not vetted through normal authoritative channels, are not reviewable by any administrative process, and are not subject to even the minimal due-process requirements our courts require for normal administrative rule making. The whole process bears no resemblance to a rule of law; it is a reign of force. And to make matters worse, the regulatory remedies are...