Statutory and Regulatory Analysis

LSLW 512

(Section 01)

Fall 2008

Professor

Time/Location

Office Hours

Contact Information

Jack Baldwin-LeClair

Wed, 6:30-9:10 PM

by appointment and as

School Tel: 973.655.7953

MA, Ed.S, J.D

Dickson Hall Room 261

posted

Law Office:201.213.9600

 

 

 

 

 

 

 

Email:leclairj@mail.montclair.edu

 

TEXT

E = Eskridge, Frickey, and Garrett. Legislation and Statutory Interpretation, (New York: Foundation Press, 2000)

 

Grading

Midterm Examination

30%

Final Examination

30%

Classroom Participation

20%

Paper, Homework, and Simulations

20%

PURPOSE OF THIS COURSE

This course is a survey course. Some prior knowledge is necessary or expected. The purpose of the course is:

  1. To explore the origin and history of statutes and regulations
  2. To acquaint the students with the sources of regulaory legal authority..
  3. To understand the principles underlying principles of interpretation of regulatory authority.

  4. To explore interstate issues affecting commerce, human rights, criminal prosecution.

  5. To acquaint students with various legal documents which control the substance and procedure of American law affecting culture and law in the 21st century..

    6. NOTES

  1. Reading assignments must be prepared in advance of the class meeting date.
  2. Not all course material is covered in the text. Examinations may include material covered by lecture, class discussion, handouts, demonstrations or lab sessions in addition to assigned readings.
  3. There will be no makeup examinations.(1)
  4. Class attendance is mandatory and class participation will be rewarded.
  5. Recommended reference books and supplemental reading materials will be assigned.
  6. Students are encouraged to work cooperatively.
  7. DO NOT FAX ASSIGNMENTS UNDER ANY CIRCUMSTANCES.

TOPICS AND ASSIGNMENTS

This syllabus will change. Keep checking each week for new assignments. Also, materials will be posted on http://blackboard.montclair.edu All assigned chapters refer to the text. Specific assignments within the pages assigned may be announced in class. Outside readings may be assigned. All topics will be covered on a flexible schedule depending on the needs of the class, and other factors. Preliminary dates are provided.

WEEK / TOPIC / ASSIGNMENT

PART I - Statutory Issues, Problems, and Solutions

 09.09.08

Introduction to statutory and regulatory analysis. The history of American regulatory agencies.

"Corporation", a documentary about the modern multi-national corporation: history, philosophy, legality. Video will be shown in class.

 09.16.08

Looking at the results of regulations and statutes in real time. Enron, Worldcom, Tyco

"Enron: The Smartest Guys in the Room.", a look at governance and compliance gone awry in an era when regulations did not work. Video will be shown in class.

 09.23.08

Representative democracy as expressed in the legislative act.

E: Ch1, Ch2

 09.30.08

|"The less people know about how laws and sausages are made the better they will sleep at night" - Otto von Bismarck

E: Ch3

 10.07.08

The electoral process - Hanging chads do not an election make.

E: Ch4, Ch5

 10.14.08

Figuring out what statutes mean and arguing their interpretation.

E: Ch6, Ch7

 10.21.08

Extrinsic sources and canons of interpretation

E: Ch8, Ch9

 

PART II - The Regulatory Field

 10.28.08

 Admin Law and Regulatory Authority

 

 11.04.08

MIDTERM EXAM

A Modern View of the the framework of regulatory reform..

65 Tex. L. Rev. 124365 .

 11.11.08

Discussion of Context and comment of Regulatory authority - from whence regulations flow.

  

 11.18.08

Administrative Law: Theory and Practice

 

 11.25.08

Administrative Procedures Act

 

 12.02.08

State Variations and New Jersey Experience

 

 12.09.08

Review and Discussion for final examination

 

 12.16.08

FINAL EXAMINATION

 

 

 

 

(1) Make up exams will only be considered in the event of kidnapping, terrorist acts, national emergency, or death (yours)