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:

    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.

    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.
    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 & 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

   
04.12.03

   
04.19.03

   
04.26.03

   
 05.03.06

   
05.10.03

FINAL EXAMINATION