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LAW7315 - Regulatory methods

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate Faculty of Law

Leader: Professor Arie Freiberg

Offered

City (Melbourne) Term 3 2008 (On-campus block of classes)

Synopsis

This unit provides an introduction to the range of
instruments which can be used by regulators to obtain
compliance. While it mixes theory and practice, it is
oriented towards the practical application of regulatory
methods and examines their strengths and weaknesses, the empirical evidence as to their effectiveness and the
dangers in their use. Topics include:

  • Regulation and regulatory design
  • State regulation vs social regulation

  • Taxonomies of regulatory methods
    • Input vs output-based regulation
    • Rewards and incentives
  • Choosing the best methods * Ordering methods
  • Regulatory impact statements
    • Trust, technology and information
    • Economic, market and private regulation

Objectives

On completion of this unit, students will be able to:

  1. Understand the concept of regulatory design;
  2. Understand the taxonomies of regulation;
  3. Understand the major techniques of regulation and the tools available to implement them;
  4. Develop competence to critically identify the strengths and weaknesses of the regulatory techniques identified;
  5. Understand the main values against which regulatory methods and processes might or should be addressed;
  6. Understand why and how regulatory methods fail

Assessment

Written essay (1,500 words): 20% Written essay (6,000 words): 80%

Contact hours

24 hours total per semester, either intensive or semi-intensive

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