Litigation and Regulatory Implementation (21485). 2 units. The course will focus on litigation in the contemporary American legal system. Topics addressed will include explanations for the general shift in recent decades away from administrative regulation and enforcement and toward use of private litigation as a regulatory tool, the legal and policy implications of that trend, and contemporary efforts to retrench or remake the system. We will examine these topics from a number of substantive and procedural angles using scholarship, case studies, and some case law. We will explore such disparate substantive areas of law as employment discrimination, securities regulation, qui tam lawsuits under the False Claims Act, and mass torts. We will also discuss trans-substantive topics such as the class action device and private enforcement of public law (through regimes that deputize “private attorneys general”). The seminar will seek to integrate knowledge from a number of fields (law, political science, economics) to grapple with practical problems of institutional design. Multiple short papers required. Enrollment capped at fifteen. S. Farhang.