Administrative Law & Government Regulation

6400 Administrative Law (3)   Bignami, Schwartz, Siegel, Pierce, Brands, Schaefer

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, 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, Safir

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)   Rosenbaum, Kaplen, Unumb

Selected topics in health care law to be announced at the time of registration. Enrollment is limited. (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)

6413   Federal Communications Law Journal (1 or 2)   Nunziato, Thornton

Limited to third-year members of the student staff of the Federal Communications Law Journal. Second-year students must have enrolled in Law 6657 to reflect journal participation. This course is graded on a CR/NC basis. Satisfactory completion of Law 6657 in the second year and satisfactory completion of all journal work in the third year is required to receive credit for this course.

6414   Telecommunications Law (2)   Roisman, R. 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 (FCC) 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)   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 Federal Election Committee (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)   Eskin, 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)   W. Greene, Ridgway

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 Seminar (2)   Crystal, 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)

6426   Public Law Seminar (2 or 3)   DeVigne, Diamond, Overton, N. Schoenbaum, Selmi, Buchman, Goodfriend, Power

Selected topics in public law to be announced at the time of registration. Enrollment is limited. (Research paper)


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