Course Details

History of Economic Regulation

This course examines the history of regulation—of the legal reaction to, and treatment of, capitalism—in America. It situates past and current regulatory law in the broader context of shifts in the American economy and in political thought. It similarly investigates the ways in which regulatory law has been molded by the emergence of, and then various developments in, the academic study of the social sciences, and particularly economics. We will begin by surveying the history of the business corporation in American society and law in the 18th and 19th centuries against the background of a changing private law system. We will then examine the evolution of anti-trust and administrative law, as they evolved in reaction to the rise of the corporation and big business in the late 19th century and early 20th century. Subsequently, we will turn our focus to the history of a major component of American administrative law: banking and financial regulation, beginning with the establishment of the Federal Reserve in 1913 and continuing through the New Deal reforms of the banking and financial system. To comprehend the role played by regulatory law today, we will try to evaluate the key transformation it underwent following the movement for deregulation beginning in the 1980s. Finally, and in light of the historical analysis completed earlier in the course, we will assess the recession of 2008 and the measures adopted in its aftermath (e.g., the Dodd-Frank Act) to further regulate banks and other financial institutions. We will conclude by discussing initiatives Congress and the Administration are planning to present and debate over the upcoming months. Throughout we will compare the American experience to developments in economic regulation—and the political understanding of the role of regulation—in Europe and elsewhere. Class materials will consist of excerpts from books and articles. The course satisfies the Perspectives Requirement. The course meets the Research Writing Requirement.

Catalog Number: LAWSTUDY 616
Additional Course Information: Perspective Elective,  Research Writing


Course History

Fall 2017
Title: History of Economic Regulation
Faculty: Shoked, Nadav (courses | profile)
Section: 1     Credits: 3.0
Capacity: 25     Actual: 25

Fall 2016
Title: History of Economic Regulation
Faculty: Shoked, Nadav (courses | profile)
Section: 1     Credits: 3.0
Capacity: 25     Actual: 25

Fall 2014
Title: History of Economic Regulation
Faculty: Shoked, Nadav (courses | profile)
Horwitz, Morton
Section: 1     Credits: 3.0
Capacity: 65     Actual: 39