58 Wm. & Mary L. Rev. Online 1 (2016-2017)

handle is hein.journals/willmaon58 and id is 1 raw text is: 












        RECONCEIVING THE INTERNAL AND SOCIAL
  ENFORCEMENT EFFECTS OF EXPRESSIVE REGULATION


                        ALEX  GEISINGER*


                            ABSTRACT

  As political resistance to traditional forms of regulation has in-
creased, regulators have turned to the social and behavioral sciences
to identify new and better regulatory tools. One of these new tools is
expressive regulation. Expressive regulation harnesses the internal
and social enforcement mechanisms  of community  norms as a means
of  changing  individual  behavior.  Expressive  regulation  holds
significant promise for influencing many different types of behaviors,
and  its low administrative and enforcement  costs are particularly
appealing  in the  current political climate. However,  the use of
expressive regulation is hampered by a well-entrenched belief in legal
scholarship that social enforcement  of norms is available only in
small, close-knit communities  and ineffective in the case of large-
group cooperation problems.
   This Article reconsiders the divide between social and internal
enforcement. It argues that regulatory intervention can overcome the
limitations to social enforcement in large groups, and describes the
way  in which such regulation can do so. The insights it generates are
readily adaptable  to a wide variety of situations in which large-
group cooperation problems  exist.



  * Professor of Law, Thomas R. Kline School of Law, Drexel University. The author would
like to thank Michael Pappas, John Echeverria, Michael P. Vandenbergh, Richard Frankel,
Deborah Gordon, Pammela Quinn Saunders, and Roger Dennis for their thoughtful com-
ments. The Article greatly benefited from the input of participants at the Vermont Law School
Fifth Annual Colloquium on Environmental Scholarship. Valuable research support was
provided by Mica Iddings and Patrick Woolford.


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