Foundations of the Regulatory State
Section 3, Spring 2005

Course syllabus

Last updated: 29 April 2005

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Instructor: Prof. Avery Katz, 638 Jerome Greene Hall (854-0066, ak472@columbia.edu.) My regular conference hours for Spring 2005 will be announced at the beginning of the term, but students enrolled in my classes are generally welcome on a walk-in basis.  To make an appointment at other times, just call or e-mail me.  If you need to contact my faculty assistant, he is Joseph McGrath, 500/10 Jerome Greene Hall (854-3268, jmcgra@law.columbia.edu.)

Class meeting times:  Tuesday, Thursday, and Friday, 9:45–11 am, room 101 Jerome Greene Hall. A few of our Friday classes (January 28, February 25, and April 1) will be held from 9:00–10:15 am. Please check the official CLS curriculum schedule for the most up-to-date information regarding any scheduling changes.

There will also be a series of optional sessions, led either by me or by the TA’s, which will focus on extra discussion problems, on the memo assignments described below, or on material of special interest. These sessions will typically be held on Thursdays from 3–4 pm, in our regular room.

Online resources: A copy of this syllabus, as well as copies of reading assignments, handouts and other class-related materials as they become available, can be found on the official course page on the Columbia server. This page also includes a link to an on-line discussion forum.

Readings: The class materials consist of a set of photocopied coursepacks, the first volume of which is available from University Printing Services (located between the law school and the School of International and Public Affairs). An electronic version of these materials is also available on the class discussion page (see the folder labeled "Course Materials") for registered students only. In addition, students who desire additional background reading on the subject of the economics of regulation are encouraged to consult David Friedman, Hidden Order: The Economics of Everyday Life (1996, Harper Collins), which is available for optional purchase at the local bookstores, and which is also on course reserve at the law library.

Course requirements: The class format will combine lecture and discussion, with a primary focus on the latter. Students are expected to attend all class meetings, and to prepare for and participate in class discussion on a regular basis.

In addition, there will be four one-page memo assignments over the course of the term, of which each student must complete three. These assignments are tentatively scheduled for the fourth, seventh, tenth, and thirteenth weeks of the term.  You are entitled to skip one memo of your choosing, but otherwise no excuses or extensions will be granted absent exceptional circumstances.

Grading: Grades will be primarily based on an 8-hour take-home final examination to be administered at the end of the term. Additionally, students who make significant positive contributions to class discussion over the course of the semester will have their grades raised by one half-step (e.g., from B+ to A-); while those whose participation or attendance has been delinquent will have their grades lowered.

The memo assignments will not be graded as such, but will receive notations of "check," "check-plus,"or "check-minus," generally along with brief comments. Superior or delinquent performance on the memos will count toward your grade in the same way as contributions to class discussion, but the main way in which the memos influence grades is by providing practice in writing short essays of the same format that will be used on the final exam.

Reading assignments: The following is a schedule of reading assignments for the first three weeks of the term. Regular page references are to the coursepack and are required reading; references beginning with "F" denote associated material in the Friedman book and are optional. Please note that the assignments may be modified, delayed, or accelerated as the semester goes along. Weekly updates will be posted on the announcement page of the website; specific assignments for each class will be announced in the preceding class. Some material may be omitted; this also will be announced in class.

For the first class meeting on Tuesday, January 11, please download or pick up the first section of the coursepack and read the materials listed under section I ("The Problems to be Considered.") The material in the OMB report to Congress is quite lengthy and you should feel free to skim it; we will return to it later on in more detail. Do have a look at the tables, however.

Tues., 1/11	Class #1	Introduction to the course. 1–16 (skim OMB report following p. 236).
Thurs., 1/13	Class #2	Survey of normative criteria: utility and efficiency. 17–44.
Fri., 1/14	Class #3	Finish material from previous classes. 44-51, F 65-70.
Tues., 1/18	Class #4	Survey of normative criteria: distributional justice. 52–81.
Thurs., 1/20	Class #5	Survey of normative criteria: liberty. 81-107.
Fri., 1/21	Class #6	Survey of normative criteria: community. 110–144.
Tues., 1/25	Class #7	Continue with prior material.
Thurs., 1/27	Class #8	Public-interest theories of regulation. 145–176. F 227-44, 260-78.
Fri., 1/28	Class #9	Private-interest theories of regulation. 177–214, selections. F 289-97.
Tues., 2/01	Class #10	Application: taxicab regulation in New York City. 215–236.
Thurs., 2/03	Class #11	Introduction to workplace safety and health. 237-292 (selections) .
Fri., 2/04	Class #12	The social contruction of public problems. 237-292.
Tues., 2/08	Class #13	The market as a baseline for workplace regulation. 293-318. F 78-99
Thurs., 2/10	Class #14	The market as a baseline, continued.
Fri., 2/11	Class #15	Market failure in the workplace. 318-43. F 192-93, 275-77
Tues., 2/15	Class #16	Distributional effects of workplace regulation. 353-372. F 195-206
Thurs., 2/17	Class #17	Commodification in the workplace. 373-386.
Fri., 2/18	Class #18	Regulatory strategies to improve workers' information. 397-427.
Tues., 2/22	Class #19	Tort liability and workers’ compensation. 428-467.
Thurs., 2/24	Class #20	Comparing regulatory strategies: disclosure versus liability.
Fri., 2/25	Class #21	OSHA and the command-and-control approach. 467-490.
Tues., 3/01	Class #22	The substantive standard for regulation. 490-500.
Thurs., 3/03	Class #23	Cost-benefit analysis. 500-524. F 167-79.
Fri., 3/04	Class #24	Cost-benefit analysis, continued. 524-549.
Tues., 3/08	Class #25	Critiques of cost-benefit analysis.
Thurs., 3/10	Class #26	Introduction to environmental policy. 573-602, F 265-74.
Fri., 3/11	Class #27	Normative perspectives on environmental policy. 603-631.
Tues., 3/22	Class #28	Positive political theory and environmental policy.
Thurs., 3/24	Class #29	Environmental justice.
Fri., 3/25	Class #30	Institutional design in regulatory policy
Tues., 3/29	Class #31	Federalism and regulatory competition.
Thurs., 3/31	Class #32	Market-based regulation.
Fri., 4/01	Class #33	Emissions trading: the 1990 Acid Rain Amendments.
Tues., 4/05	Class #34	Alternative approaches to regulation.