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Dishonest Corporatism and Judicial Review

Martin Shapiro
Publication date: 
Thu, 28 Jun 2007

What role could judicial review play in situations of dishonest corporatism? How can courts determine when government implementers have bargained successfully to achieve the most, but less than full, enforcement for the least cost, particularly in situations where the government seeks, overtly or covertly, to bargain away as much as it can because it really doesn’t want to enforce?