REGULATION IN THE UNITED STATES
May 20th- May 24th 2013
Aula nº 2123. Campus Puerta de Toledo
ALFRED C. AMAN, Jr.
Roscoe C. O’Byrne Professor of Law
Indiana University
COURSE SCHEDULE AND DESCRIPTION
Class 1.- May 20th, 17-19 h (Aula nº 2123. Campus Puerta de Toledo).
The Early 20th Century: Technology, Regulation and the Constitution
A. Introduction: Three Perspectives
(1) Market
(2) State
(3) Morality
Assignment: Alfred C. Aman, Jr., ENERGY AND NATURAL RESOURCES LAW: THE
REGULATORY DIALOGUE, (hereinafter referred to as Aman, NATURAL RESOURCES LAW),
Chapter One, pages 194 to 210.
B. New Technology and the Constitution
Assignment: Aman, NATURAL RESOURCES LAW, Chapter Two, pages 211 to 218.
C. Illustrative Cases:
(1) Shreveport v. Louisiana, 234 U. S. 342 (1904).
(2) Missouri v. Kansas Gas Co., 265 U.S. 298 (1924)
(3) Public Utilities Comm’n v. Attleboro, 273 U.S. 83 (1927)
Assignment: pages 218A to 218B.
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Class 2.- May 21th, 17-19 h (Aula nº 2123. Campus Puerta de Toledo)
The New Deal
A. The Nature of the Problems and the Regulatory Response
(1) The Natural Monopoly Problem
(2) The Role of the Federal Government
(3) The Rise of the Administrative State
Assignment: Aman, NATURAL RESOURCES LAW: Alfred Kahn, Evolution of the Natural
Monopoly Concept, pages 219 to 221; Ellis W. Hawley, New Deal and the Problem of
Monopoly, pages 222 to 225; Alfred C. Aman, Jr., ADMINISTRATIVE LAW IN A GLOBAL
ERA, Chapter One, pages 226 to 235.
B. Modern Administrative and Regulatory Law
(1) Nationalization, Regulation and Corporatism
(2) Independent Regulatory Commissions
(3) The Administrative Procedure Act of 1946
Assignment: Alfred C. Aman, Jr., ADMINISTRATIVE LAW AND PROCESS: Walter
Gellhorn, The Administrative Procedure Act: The Beginnings, pages 236 to 237; Martin
Shapiro, APA: Past, Present, Future, p. 238; The Administrative Procedure Act (selected
provisions), pages 239 to 248.
C. Illustrative Cases
(1) A.L.A. Schechter Poultry Corp. v. U.S., 295 U.S. 495 (1935).
(2) Humphrey’s Executor v. U.S., 295 U.S. 602 (1935).
(3) Phillips Petroleum Co. v. Wisconsin, 347 U.S. 672 (1954).
Assignment: Aman, ADMINISTRATIVE LAW AND PROCESS: A.L.A. Schechter Poultry
Corp. v. U.S., pages 249 to 252; Humphrey’s Executor v. U.S., pages 253 to 256; Aman,
NATURAL RESOURCES LAW: Phillips Petroleum Co. v. Wisconsin, pages 257 to 261.
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Class 3.- May 22th, 17-19 h (Aula nº 2123. Campus Puerta de Toledo)
Environmental Era
A. The Nature of the Problem and the Regulatory Response
(1) The Tragedy of the Commons
(2) Health, Safety and Environmental Regulation
(3) Absolute approaches and their costs
Assignment: Aman, NATURAL RESOURCES LAW: Hardin, Tragedies of the Commons,
pages 262 to 265; Aman, ADMINISTRATIVE LAW IN A GLOBAL ERA, Chapter One,
pages 266 to 274.
B. The Rise of the Administrative Presidency
(1) Executive Administrative Agencies
(2) Cost Benefit Approaches to Regulation
(3) Presidential Deference
Assignment: Alfred C. Aman and William Mayton, ADMINISTRATIVE LAW, pages 275
to 281.
C. Illustrative Cases
(1) Citizens to Preserve Overton Park v. Volpe, 401 U.S. 402 (1971).
(2) Calvert Cliffs v. Atomic Energy Comm., 449 F.2d 1109 (D. C. Cir. 1971).
(3) Industrial Union Dept., AFL-CIO v. American Petroleum Institute, 448
U.S. 607 (1980).
(4) Chevron v. NRDC, 467 U.S. 837 (1984).
Assignment: Aman, ADMINISTRATIVE LAW AND PROCESS: Citizens to Preserve Overton
Park v. Volpe, pages 282 to 284; Chevron v. NRDC, pages 285 to 290.
Class 4.- May 23th, 17-19 h (Aula nº 2123. Campus Puerta de Toledo)
The Global Era
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A. From Liberalism to Neo-liberalism: What is the Public Interest and Who
Defines it?
(1) Markets, the state and morality: a reprise
(2) The New Corporatism and the Washington Consensus
(3) The Democracy Deficit
Assignment: Alfred C. Aman, Jr., THE DEMOCRACY DEFICIT, Preface and Introduction,
pages 291 to 301.
B. The Vertical and Horizontal Dimensions of Globalization
(1) Federalisms — Old and New
(2) Deregulation, Privatization and the Public/Private Distinction.
(3) The Globalizing State
Assignment: Aman, THE DEMOCRACY DEFICIT, Chapter Three, pages 302 to 322.
C. Illustrative Cases
(1) Richardson v. McKnight, 521 U.S. 399 (1997).
(2) Nike v. Kasky, 539 U.S. 654 (2003).
Assignment: Aman, ADMINISTRATIVE LAW
pages 323 to 328.
AND
PROCESS: Richardson v. McKnight,
Class 5.- May 24th, 17-19 h (Aula nº 2123. Campus Puerta de Toledo)
Law and the Neo- Liberal State
A. Law, Markets and Democracy
B. Approaches to Legal Reform
Assignment: Aman, Law, Markets and the Neo-Liberal State, forthcoming in the NEW
YORK LAW SCHOOL LAW REVIEW (2007), pages 329 to 338.
Globalization After Neo-Liberalism?
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FACULTY
Alfred C. Aman, Jr.: Prof. Aman is a well-known professor of administrative
law, author and the former Dean of Indiana University Maurer School of Law Bloomington and Suffolk University Law School in Boston, Massachusetts. He stepped
down as Dean of Suffolk in 2009 to return to Indiana University as the Roscoe C.
O'Byrne Professor of Law.
Prof. Aman graduated from the University of Rochester in 1967 and the
University of Chicago in 1970, where he was executive editor of University of Chicago
Law Review. Aman then served as a clerk to Elbert P. Tuttle, on the U.S. Court of
Appeals, 11th Circuit from 1970-72. After completing his clerkship, Aman became an
associate attorney at Sutherland Asbill & Brennan, in Atlanta and Washington, D.C.. In
1977 he became a faculty member at Cornell Law School, and worked there until 1991.
In 1991, Prof. Aman took the position of dean of the Indiana University Maurer
School of Law - Bloomington, a position, which he held until 2002. During his tenure as
dean he founded the Indiana Journal of Global Legal Studies. In 2007 Aman was chosen
as the Dean of Suffolk University Law School in Boston, Massachusetts. Aman served as
a Distinguished Fulbright Chair in Trento, Italy, and has held visiting professorships in
England, France, and Italy. He is the author of four books and numerous articles on
administrative, regulatory, and deregulatory law, especially as it relates to the global
economy, and serves as a faculty editor of the Indiana Journal of Global Legal Studies.
ADMISSIÓN AND APLICATION
This program is open to:
a) Faculty and law students of the University Carlos III de Madrid,
b) Faculty and law students of other universities,
c) Government officials charged with responsibilities in public services,
d) Attorneys in private practice seeking to develop or deepen their expertise.
This course is free (no tuition fees) and
Students wishing to apply for the course have to complete the application form
(see below) and email it to Esther Torrecilla: [email protected]. Please specify in
your email “Regulation in the US Course” as its subject line.
To obtain the certificate students must:
a) Speak fluent English.
b) Accept to prepare daily assignments.
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REGULATION IN THE U.S.
APPLICATION FORM
I would like to enrol in the Regulation in the US Course, therefore, I agree to
prepare e the requirements (prepare daily assignments and write a final essay on
the course content).
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