Prerequisites: RCC*. A vast body of contemporary law seeks to reduce or manage risks, including those that arise from pollution, food and drug products, the Internet, imported toys, and other endeavors. This course develops the legal knowledge and analytic skills needed by lawyers who represent business entities or public interests before administrative agencies and legislative bodies, including in efforts to revise regulatory structures and standards, or to deregulate for greater market control. Using case studies of particular regulatory programs designed to protect public health and safety, consumer welfare, market competition and other objectives, the course critically assesses particular agencies’ record and capacity for redressing their assigned problematic. Cutting-edge regulatory issues for class discussion include, for instance, cell phone radiation, Internet access and cost, polluted drinking water, drivers’ texting, climate change, and cyber-terrorism. The course considers the forces and analyses that underpin legislative decisions to regulate or deregulate an industry or product/service; the array of regulatory tools that legislation can authorize (including price controls, product output, credentials for licensure, qualitative or scientific standards); and the types of critiques that can facilitate regulatory law revision. Thus, the course provides an advanced, integrated analysis of regulatory systems and the legal rules they authorize. Satisfies the Administrative Law requirement.
Requirements: A class presentation (either solo or in pairs) on a student-selected regulatory problem; and a final exam or paper option (that may suffice for upper division writing credit). The paper may be written on the same topic as the class presentation. Students electing the paper option may satisfy the Upper Level Writing requirement.