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Richard A. Epstein : Courses and Seminars

Administrative Law
LAWS 46101
This course examines the structure of the administrative state, its relations to the other branches of government and private citizens, and the constitutional, statutory, and common law rules that govern the substance and procedure of administration action and inaction. The course focuses on some constitutional topics, including the non-delegation doctrine, presidential control over administrative agencies, and the delegation of adjudicative authority to non-Article III officers. Substantial attention is given to the Administrative Procedure Act (APA) and other statutory requirements for lawful agency action. Covered topics include the proper role of agencies in interpreting statutory and regulatory law; judicial review of agency decisions; public participation in agency rulemaking; and non-traditional approaches to regulation, including negotiation and privatization. A central theme of the course is how the law manages the tension between rule of law values (e.g., procedural regularity, accountability, and substantive limits on arbitrary action) and the desire for flexible, effective administrative governance. The student's grade is based on a final examination.
Spring 2012
Richard A. Epstein
Roman Law
LAWS 47702
The seminar develops skill in analyzing legal problems according to the processes of the Roman civil law, in contrast with those of the common law, and does not purport to give a comprehensive treatment of its detailed workings. The material provides an outline of the sources and procedure of Roman private law, followed by an examination of the Roman institutional system, the basis of most modern civil law codes. Particular emphasis is given to property and to obligations (contracts and torts). No knowledge of Latin is required for the seminar. Enrollment is limited to twenty-three students. A student's grade is based on 4-5 short papers completed during the course of the quarter. Writing for this seminar may be used as partial fulfillment of the JD writing requirement (SRP or WP). Any student who wishes to take the seminar to satisfy the SRP requirement should see the instructor about the possibility of writing a longer paper within the framework of the overall seminar. There is no final examination in the seminar.
Spring 2012
Richard A. Epstein