Standards, Soft Law and Industry Self-Regulation
SLN #: 18828Course Prefix: LAW-791
Course Section: 1028
Credit Hours: 2
Instructor(s): Marchant
Course Books: View List of Books
Course Description:
The objectives of this seminar are to train future lawyers in developing, selecting and implementing private standards, soft law and self-regulation by your clients. Every company utilizes private standards, soft law and self-regulation to some degree, and this reliance is particularly substantial in cutting edge industries such as those in the technology sector. Although there is an emerging strong need for attorneys with expertise in standards, soft law and self-regulation while the traditional law school curriculum does not address these forms of self-governance in any detail. This seminar seeks to fill that gap. It will address the advantages and disadvantages of soft law approaches and discuss the contexts and industries in which it is most and least relevant. It will discuss the various types of soft law used by companies and will examine case studies to study where such programs succeed and fail and the contributing factors. It will discuss the various legal issues raised by building soft law programs, including antitrust, intellectual property, corporate governance, contract and insurance implications. It will examine criticism of industry self-regulation and potential tools for making soft law programs more credible and effective through greater accountability. It will also discuss the various ways in which soft law and hard law inter-relate and interact with each other. The skills that will be taught include factual and legal analysis, issue spotting, ethical evaluation, and legal writing. Students will also emerge with greater career readiness and preparation to advise clients with a deeper knowledge of soft law governance mechanisms that apply to them.
Additional Information:
Credit Hours: 2
Grading Option: Letter Grade Only
Graduation Writing Requirement: No
Flexible/Upper-Level Writing Requirement: Yes
Skills Requirement: No
Simulation Course: No
Experiential Learning: No
Seminar: Yes
Special Withdrawal Course: No
Limited Enrollment Number: 16
Final Exam Given: No
Paper Or In-Class Presentation: Paper
Attendance Policy: Per Statement Of Student Policies
Teaching Method: In Person
* The law school has a policy that is used to calculate credit hours. Please see the Statement of Student Policies.