Statutory & Regulatory Analysis
LSLW 512
- Professor: Jack Baldwin LeClair M.A., Ed.S., J.D.
- Office Hours: by appointment and posted on office door.
- Office Phone: 973.655.7953
- Email: leclairj@mail.montclair.edu (put
LSLW 512 in the subject line)
- Text: E = Eskridge, Frickey, and Garrett. Legislation and Statutory Interpretation, (New York: Foundation Press,
2000)
purpose of this course:
This course is a survey course. Some prior knowledge is necessary or expected.
The purpose of the course is:
- To explore the origin and history
of statutes and regulations
- To acquaint the students with
the sources of regulaory legal authority.
- To understand the principles
underlying principles of interpretation of regulatory authority.
- To explore interstate issues affecting commerce, human rights, criminal
prosecution.
- To acquaint students with various legal documents which control the substance
and procedure of American law affecting culture and law in the 21st century.
notes:
- Reading assignments must be
prepared in advance of the class meeting date.
- 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.
- There will be no makeup
examinations.
- Class attendance is mandatory
and class participation will be rewarded.
- Recommended reference books
and supplemental reading materials will be assigned.
- Students are encouraged to
work cooperatively.
- DO NOT FAX ASSIGNMENTS
UNDER ANY CIRCUMSTANCES.
topics & assignments:
This syllabus will change. Keep checking each week for new assignments. Also, materials will be posted on Blackboard. All assigned
chapxers 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.
| Midterm Examination |
30% |
| Final Examination |
30% |
| Classroom Participation |
20% |
| Assignments |
20% |
| DATE |
ASSIGNMENT |
NOTES |
| PART
I - Statutory Issues, Problems, & Solutions |
| 01.18.03
|
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. |
| 01.27.03 |
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. |
| 02.01.03
|
Representative democracy as expressed in the legislative
act. |
E: Ch 1, Ch 2 |
| 02.08.03
|
"The less people know about how laws and sausages
are made the better they will sleep at night" - Otto von Bismarck |
E: Ch 3 |
| 02.15.03
|
The electoral process - Hanging chads do not an election
make. |
E: Ch 4, Ch 5 |
| 02.22.03
|
Figuring out what statutes mean and arguing their interpretation. |
E: Ch 6, Ch 7 |
| 03.01.03
|
Extrinsic sources and canons of interpretation |
E: Ch 8, Ch 9 |
PART II - The Regulatory Field |
| 03.08.03
|
MIDTERM
EXAMINATION |
|
| 03.22.03
|
Context and comment on the regulatory field as seen
by its critics and reformers. |
A modern view of the framework on regulatory reform. "Regulatory Analysis & Regulatory Reform"
65
Tex. L. Rev. 1243. |
| 03.29.03
|
Regulatory authority - from whence regulations flow. |
|
| 04.05.03
|
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|
| 04.12.03
|
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|
| 04.19.03
|
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|
| 04.26.03
|
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|
| 05.03.06
|
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|
| 05.10.03
|
FINAL EXAMINATION
|
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