This large and important field deals with the process by which government regulates the activities of businesses or individuals. Administrative Law is the foundation course for all study in this area. Other key survey courses include Antitrust Law, Trademark Law and Unfair Competition, and Legislation. Advanced courses explore the administrative process in the context of a single commercial activity such as health care or the telecommunications industry. Almost all of the courses included in the closely related practice areas of environmental law, government contract law, intellectual property law, labor law, and taxation, which are set out separately in this practice area listing, could fairly be termed species of administrative law and government regulation.
6400 Administrative Law (3) Banzhaf, Dlicksman, Pierce, J. Schwartz
Study of the administrative processes of government in executive and independent agencies. The federal Administrative Procedure Act is emphasized, with particular attention to adjudication, rulemaking, judicial review, investigatory powers, and enforcement. Study may include comparative state administrative law. Constitutional topics include separation of powers and due process. (Examination)
6402 Antitrust Law (3) Kovacic, Morgan, Pierce, Longwell
Federal antitrust law and policy under the Sherman, Clayton, and FTC Acts; basic economic theory of free-market operation; the Rule of Reason and per se offenses; price fixing, market division, and boycotts; trade association activities; monopolization and attempts to monopolize; mergers and joint ventures; resale price maintenance and other vertical restraints; exclusive dealing and tie-in agreements; selected exemptions from antitrust liability. (Examination)
6403 Advanced Antitrust Law Seminar (2) Kovacic
Procedural and substantive overview of merger enforcement and analysis. Enforcement by federal authorities in the United States and merger procedures and standards in other jurisdictions, including the European Union. Appropriate welfare standard for merger analysis; the role of various types of evidence in examining mergers, including econometric and customer evidences; biases inherent in the institutional design of federal merger review; remedies; the effect of overlapping merger reviews by antitrust and industry-specific regulatory agencies; and comparisons of the U.S. merger review system with those used elsewhere. Prerequisite: Law 6402 or permission of the instructor. (Research paper)
6408 Food and Drug Law (2) Adams
Regulation of foods, drugs, and medical devices under the federal Food, Drug, and Cosmetic Act. Historical development of the law and how it is interpreted and enforced by the Food and Drug Administration and the courts. Statutory interpretation, administrative law, judicial enforcement, and the underlying roles of politics and science. (Examination)
6410 Health Care Law (4) Rosenbaum
Survey of the history, structure, and operation of the health care delivery system and related legal and policy issues. Emphasis on public and private health care financing, antitrust, fraud and abuse, managed care, tort liability of medical professionals and institutions, tort reform, and definition and regulation of the quality of health care. Concepts and terms of health care delivery, particularly the design, finance, and administration of current and proposed arrangements. (Take-home examination)
6411 Health Care Law Seminar (2)
Intensive study of the health care industry, focusing on one or more of the following topics: liability arising out of managed care, ERISA preemption of state health laws, and various federal antitrust statutes as they pertain to health care. (Research paper)
6412 Communications Law (2 or 3) Dienes
Study of the text, historical origin, and theoretical foundation of the Press Clause and of the role played by the mass media in modern society. Examination of the common law and constitutional protection accorded mass media publishing in areas such as libel law, the law of privacy, and liability for physical, emotional, or economic harm. The legal status of newsgathering, including journalist’s privilege and access to information possessed by government. Problems of reconciling freedom of the press with guarantee of a fair trial. Government regulation of commercial speech, including advertising and promotion. Prior or concurrent enrollment in Law 6380 is recommended. (Examination)
6414 Telecommunications Law (2) Roisman, Wallach
Legal and regulatory treatment of communications services and service providers, including telephone companies, cable operators, broadcast stations, wireless carriers, satellite providers, and new IP-based and next-generation networks. Regulatory challenges created by the delivery of content and services over multiple platforms employing different technologies. Rules, policies, and processes of the Federal Communications Commission and the statutory and judicial constraints on the FCC’s authority to regulate existing and developing business models. (Take-home examination)
6416 Legislation (2 or 3) J. Schwartz
Legislative process and the construction and legal effect of statutes. Topics that may be considered include representational structures, lobbying, judicial review, direct democracy, legislative fact-finding and drafting, and the preparation and significance of legislative history. This course is a prerequisite to several advanced public law courses. (Examination)
6418 Legislative Analysis and Drafting (2) Craighill, Strokoff
Instruction in the basic skills necessary for translating the specifications of the policymaker into legislation. Topics include determining policy objectives and an appropriate legislative scheme for their achievement; an overview of the legislative process; typical provisions in legislation; organizational issues in drafting; and the structural component of legislation. Enrollment is limited. (Take-home examination and drafting assignments) (Skills)
6419 Campaign Finance Law (2 or 3) Overton, Noble
The history, structure, application, and constitutionality of campaign finance laws. Topics include disclosure, regulation of corporations and unions, contribution limits, the role of issue advocacy in election campaigns, political party activities, public funding of campaigns, the role of the FEC, criminal enforcement of finance laws, and campaign finance reform. Focus on the Federal Election Campaign Act of 1971 and the Bipartisan Campaign Reform Act of 2002. (Take-home examination or research paper with permission of the instructor)
6420 Congressional Investigations Seminar (2) Leon
Congressional powers to conduct oversight and investigations of the executive branch. Topics include the scope of Congressional inquiries and investigations; subpoena, grant-of-immunity, hearing, and rule-making powers; the use of select committees, the Government Accounting Office, and other special investigative techniques; pre-hearing depositions; the rights and preparations of witnesses; the role of the press; and the interaction between Congress and prosecutorial functions, including investigations conducted pursuant to the Independent Counsel Statute. (Writing assignments)
6421 Lawyers, Lobbying, and the Law (2) Farah, Walls
The role of the lawyer in business–government relations. Topics include an overview of government policymaking processes; how lawyers participate in influencing government decisions; the various types of lobbying (grassroots, direct, etc.); ethics and lobbying; lobbying regulatory agencies; and attorney–media relations. (Examination)
6422 Local Government Law (2) Thompson
Survey of the legal authority of city, county, and special-district local government units. Topics include the relationship of municipal governments with state and federal agencies; recent U.S. Supreme Court decisions affecting local governments; organizational structure and internal decision-making processes in metropolitan and other municipal-level governments; procedures for changing the form and function of local governments (e.g., annexation); local legislative and administrative authority and processes (e.g., municipal police powers); municipal finance; responsibility in tort and insurance issues; community and regional land use planning; and joint power agreements and intergovernmental compacts. (Research paper)
6423 Veterans Law (2) Ridgway, Greene
Because of its isolation from judicial review for more than 20 years, the uniquely pro-claimant veterans benefits system has procedures with no direct analogies to other legal areas and has different approaches to familiar legal issues. The history and politics of veterans benefits. The system's ideals and the burden of processing more than one million claims per year. (Take-home examination)
6424 Animal Law (2) Perry
Survey of the treatment of animals in state, federal, and international law. Topics include the historical status of animals; federal statutes such as the Animal Welfare Act, the Endangered Species Act, and the Marine Mammal Protection Act; international conventions, free trade, and comparative animal protection laws; state laws concerning animal cruelty, hunting, animal fighting, and performing animals; free speech, religion, and other constitutional issues; litigation in state and federal courts; citizen initiatives and referenda; and the movement to obtain legal recognition of the rights of animals. (Research paper)
6425 Disaster Law (2) Abbott
The U.S. law applicable to natural and man-made catastrophes, including those caused by terrorist attacks and public health emergencies. Topics may include the role of federalism; pre-disaster mitigation and prevention programs; the National Response Framework; the role of the military; the tension between individual rights and government action in emergencies; disaster assistance, compensation and insurance; long term recovery; and international disasters. (Research paper)
6426-11 Public Law Seminar: Election Issues (2) Overton
Analysis of current election issues, such as voter identification requirements, voting machines, partisan gerrymandering and election administration, campaign fundraising and restrictions, and Internet political activity. (Research paper)
6426-12 Public Law Seminar: Immigration Law Reform (2) Brand
This seminar will focus on different components of the current debate about immigration law reform. The seminar will expose students to diverse materials and views on key questions, both through assigned readings and guest lecturers. There will be significant student discussion of the legal and policy issues involved. Former and current Administration officials and other experts will be invited to make presentations. The assigned reading for the course will be unconventional (i.e., not a textbook), consisting of statutes and regulations, legislation, executive branch materials (such as presidential speeches and agency announcements), articles from scholarly and popular sources, social science research, and the like. There are no pre-requisites for this course. (Research paper)