KDEC 2130 - Fundamentals of Regulatory Theory: An outcomes-based approach to legal analysis

Regulatory theory exists at an intersection of law, economics, and political science. How does law govern society? Is regulation (from secondary legislation to parties acting in the shadow of the law) an effective means to encourage rational social activity, or red tape that burdens the economy? This course will give you the tools to analyse and apply regulation, whether seeking compensation for a client, ensuring compliance for your company, or developing policy measures for public entities. We will consider a wide range of regulatory types, including smart regulation, red/green light rules, and meta-regulation, using case studies such as the 2010 Louisiana oil spill, sex-trafficking by UN Peacekeepers, and regulatory failure during the 2008 banking crisis. We will conclude by exploring cutting edge approaches to network regulation analysis, including use of artificial intelligence.
Keith CRAWFORD
Séminaire
English
Reading outside of the seminars will be minimal – instead students will be asked to consider and prepare responses to regulatory problems like those that will be in the final exam.
Autumn 2023-2024
The course will be validated 30% by an MCQ test at the mid-point of the course, 10% on participation in class, and 60% via an examined analysis of a regulatory problem based on real life events.
Teaching will be via interactive seminars. You will learn to apply and evaluate regulatory issues whatever your legal specialty and how to propose methods to improve or replace existing regulation.
Cartwright P, Banks, Consumers and Regulation, Hart (Portland: 2004)
Drahus P (ed), Regulatory Theory: Foundations and Applications, ANU Press (Canberra: 2017)(Available for free on JSTOR)