Who Doesn't Love a Noncompete? An In-Class Exploration of Administrative Rulemaking

Abstract

This teaching note presents an in-class exercise for business law instructors to use as an introduction to administrative rulemaking processes and realistic interactions among businesses, workers, and administrative agencies. The exercise prompts students to draft public comments articulating different perspectives in response to the Federal Trade Commission's rule on noncompete agreements. After completing this exercise, students have a comprehensive understanding of how agency rulemaking impacts individual workers and businesses. This teaching note provides guidance for instructors to build out a similar exercise in their classrooms.