LAW7702 - Development of the Regulatory State

LAW7702 - Development of the Regulatory State

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This course traces the history of the development of the American regulatory state from the period of the American Revolution through the New Deal. Regulatory activity in the United States has been marked by competing forms of regulation, such as private and public or state and Federal, as well as competing notions of the scope of regulation as a whole. We will examine the interplay of different forms of regulation and debates over the scope of regulation surrounding a number of regulatory issues, including: criminal behavior; sexuality, marriage relations, and family; corporate governance; African American slavery; taxation and economic policy; and real property. Special focus will be placed on the different forms of regulatory postures, such as reliance upon self-regulating markets in the late 19th century; Progressive Era attempts to reconstruct an American active citizenry; and the New Deal administrative state. Each historical section will be framed by a contemporary legal issue since one of the major purposes of the course is to evaluate the purchase of legal historical background for rethinking current legal regimes. The other purpose is to learn how to read legal historical documents. As a result, most readings will be primary sources, including treatises, statutes, state constitutions, and landmark cases.