Understanding How to Regulate: A Response to Professor Heinzerling

Document Type

Article

Publication Date

2019

Abstract

I thank Professor Lisa Heinzerling for reviewing my book, How to Regulate: A Guide for Policymakers. It is an honor to have someone of Heinzerling's renown engage with one's work, even when the engagement is critical. In the end, though, Heinzerling's criticisms rest on a misconstrual of the project I undertook. A proper understanding of my book's limited, though important, objectives reveals why Heinzerling's critiques are offbase.

In this response essay, I first describe How to Regulate's goals. I then explain why Heinzerling's primary criticisms of the book-that it "ignore[s] the role of law in our regulatory system," stacks the deck against regulatory interventions, is too concerned about over-restriction, and improperly precludes goals other than efficiency - are unfounded.

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