Course Details

U.S. Regulation: Design, Implementation, and Enforcement

This class explores the different modes of regulation that have been used in the United States to tackle a range of issues, including pollution control, energy production, climate change, food and drug safety, and shareholder protection. We consider the advantages and disadvantages of various modes of regulation, including: prescriptive "command and control" regulation (e.g., drug warning label requirements), market-based regulation (e.g., carbon taxes and tradeable pollution permits as a way to mitigate climate change), informational regulation (e.g., mandatory disclosure of toxic releases and impact assessments), and regulation through common law liability (e.g., tort suit judgments in products liability cases). One focus of the class is the complicated relationships among the federal, state and local governments in the U.S. regulatory system, including federal preemption of state and local regulation and federal/state cooperation in regulatory implementation and enforcement. We also explore the legal issues surrounding the different kinds of enforcement actions companies can face (administrative, civil,and criminal), and the role of whistleblowers and citizen suits in regulatory enforcement. Finally, the role of lawyers and the attorney-client privilege in regulatory compliance and enforcement will be considered, with particular reference to federal regulation of public corporations under the Sarbanes-Oxley Act. Students will be assessed based on their participation in discussion each week, as well as a final paper.

Catalog Number: REGLAW 902-0

Additional Course Information: MSL students only


Course History

Fall 2021
Title: U.S. Regulation: Design, Implementation, and Enforcement
Faculty: Dana, David A. (courses | profile)
Section: 1-ON     Credits: 1.5
Capacity: 50     Actual: 30

Fall 2020
Title: U.S. Regulation: Design, Implementation, and Enforcement
Faculty: Dana, David A. (courses | profile)
Section: 1-ON     Credits: 1.5
Capacity: 50     Actual: 37