Advanced Regulatory State

Advanced Regulatory State

Professor Jody Freeman
Spring 2020 seminar
W 5:00pm - 7:00pm in Hauser Hall Room 101
2 classroom credits

Prerequisite: None, but administrative law helpful.

Exam Type: No Exam
Consistent attendance and active participation are a key expectation of the seminar; students will be graded on short weekly comment papers in which they will be expected to closely analyze and critique readings. At least once during the semester, students will be assigned to prepare and lead discussion on one of the seminar topics.

This seminar will explore the legal and regulatory challenges posed by fast-moving social, economic and technological developments. Examples include privacy regulation in the age of Facebook and Google; transportation safety in the era of autonomous vehicles and drones; energy regulation in the context of climate change; and financial regulation in light of the rise of block chain. Students will be asked to propose other examples, and help with the preparation of materials for discussion. One might conceive of this challenge as a problem of legal lag: law and regulation inevitably trails behind potentially dramatic social and economic changes. What can be done about this problem? Is Congress to blame? Could regulatory agencies adapt more quickly? Is administrative law -- with its commitment to due process, rationality, and accountability-- too sclerotic to respond to such a dynamic economy and society? Can private, market responses substitute for regulation? This seminar is for administrative law nerds, technology and innovation buffs, and students interested in the role of regulation in democratic society.

Subject Areas: Regulatory Law, Government Structure & Function