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LAW 283: Federal Courts

This course considers the role of the federal courts in the federal system. It is both an advanced course in constitutional law and a course on the institutional design of the federal courts. In the first aspect, it considers two great themes: the allocation of power between the states and the federal government -- federalism -- and the relationship between the federal courts and the political branches of the national government -- separation of powers. In the other aspect, it focuses on the structure of the judicial system, the scope and limits of federal judicial power, essential aspects of federal court procedure, and the evolving structural response of the federal courts to changes in technology, commerce, government, and a multitude of factors that affect the business of the federal courts and the role of federal judges. Topics include the original and appellate jurisdiction of the federal courts, Supreme Court review of state court judgments, federal common law including implied rights of action, Congressional power to limit the jurisdiction of the federal courts and to create adjudicative bodies within the federal government but outside the requirements of Article III, state sovereign immunity, litigating against the government and federal habeas corpus. This course is highly recommended for students planning to practice in the federal courts or to pursue a judicial clerkship. This course complements Constitutional Litigation ( Law 641), and students who plan to clerk will benefit from taking both courses.
Terms: Aut | Units: 5

LAW 283: Federal Courts

This course considers the role of the federal courts in the federal system. It is both an advanced course in constitutional law and a course on the institutional design of the federal courts. In the first aspect, it considers two great themes: the allocation of power between the states and the federal government -- federalism -- and the relationship between the federal courts and the political branches of the national government -- separation of powers. In the other aspect, it focuses on the structure of the judicial system, the scope and limits of federal judicial power, essential aspects of federal court procedure, and the evolving structural response of the federal courts to changes in technology, commerce, government, and a multitude of factors that affect the business of the federal courts and the role of federal judges. Topics include the original and appellate jurisdiction of the federal courts, Supreme Court review of state court judgments, federal common law including implied rights of action, Congressional power to limit the jurisdiction of the federal courts and to create adjudicative bodies within the federal government but outside the requirements of Article III, state sovereign immunity, litigating against the government and federal habeas corpus. This course is highly recommended for students planning to practice in the federal courts or to pursue a judicial clerkship. This course complements Constitutional Litigation ( Law 641), and students who plan to clerk will benefit from taking both courses.
Terms: Win | Units: 4

LAW 283: Federal Courts

The role of the federal courts in the American system of federalism and separation of powers, and their role in the development of substantive federal law and constitutional rights. Historical context, especially the social, political, and legal movements, in response to which the federal courts have developed. Traditional aspects of federal court jurisprudence. Interdisciplinary readings.
Last offered: Winter 2009

LAW 285: International Trade Regulation

Law and policy of the WTO system and related national laws. Topics include the relationship between international and domestic law, the international dispute resolution system, legal restrictions on traditional barriers to trade, nondiscrimination obligations in international trade, trade and the environment, technical barriers to trade, safeguards and adjustment mechanisms, antidumping and countervailing duty law, and trade services.
Last offered: Autumn 2008

LAW 288: Governance and Ethics: Anti-Corruption Law, Compliance and Enforcement

Laws and regulations in the U.S. governing ethical conduct of public and industry officials and the extent to which they reflect the moral values of the community and the principles central to a democratic government. Alternative approaches to ethical conduct based on principles and values rather than compliance. Emerging global ethical and governance standards, reporting principles, and their application to emerging markets. How cultural, religious, and moral differences might impact the effectiveness of these standards.

LAW 288: Governance and Ethics: Anti-Corruption Law, Compliance, and Enforcement

Can law and regulation ensure or promote ethical behavior by political and business leaders? Recent scandals in the United States and internationally indicate that there is little correlation between anti-corruption laws and ethical conduct. This course examines the laws and regulations in the United States governing ethical conduct of public and industry officials and explores the extent to which (1) they adequately reflect the moral values of the community, (2) they reflect the principles central to a democratic government: transparency, accountability and limits of authority, and (3) they are followed and enforced. We will look at other developed countries that balance compliance with moral principles and values-based approaches to ethical conduct. We will also examine emerging global ethical standards and reporting principles and their application to emerging markets. In doing so, we will discuss how cultural, religious, and moral differences might impact the effectiveness of these standards. We will examine the role of modern corporations in fostering rule of law and how business organizations function in changing legal and regulatory environments. We will also review the role of free media, citizen groups, and the judiciary on ensuring that laws and ethical standards are followed and maintained. The overall focus and goals of this course are (1) to foster ethical awareness, (2) to strengthen your ability to anticipate, critically analyze and respond to the complex legal, ethical and economic challenges that you may face as a lawyer, government official or a business leader, (3) to foster rigorous thinking about ethical standards, governance, and risks, and (4) to develop a decision-making process that leads to responsible conduct as in-house counsel, law firm lawyers, board members, or citizen advocates.
Terms: Aut | Units: 3
Instructors: Abramov, I. (PI)

LAW 290: Evidence

Evidence rules constrain proof at criminal and civil trials. This course focuses on the Federal Rules of Evidence, related case law, and those constitutional concepts that limit proof at criminal trials. Topics include relevance, character evidence, hearsay, expert testimony, scientific proof, and privileges. Please note that the California Bar Examiners have announced that "[t]he scope of the subject titled 'evidence' will include the California Code of Evidence." It appears that "include" means that the examination will address both the Federal Rules of Evidence (traditionally covered by the California bar exam) and the California Evidence Code. This evidence course covers only the Federal Rules of Evidence and does not address the California Code. Although the same principles of law govern the California and Federal rules, the two sets of rules are not identical, and students preparing for the California Bar Exam will have to learn some new material.
Terms: Aut | Units: 5
Instructors: Fisher, G. (PI)

LAW 290: Evidence

Evidence rules constrain proof at criminal and civil trials. This course focuses on the Federal Rules of Evidence, related case law, and those constitutional concepts that limit proof at criminal trials. Topics include relevance, character evidence, hearsay, expert testimony, scientific proof, and privileges. Please note that the California Bar Examiners have announced that "[t]he scope of the subject titled 'evidence' will include the California Code of Evidence." It appears that "include" means that the examination will address both the Federal Rules of Evidence (traditionally covered by the California bar exam) and the California Evidence Code. This evidence course covers only the Federal Rules of Evidence and does not address the California Code. Although the same principles of law govern the California and Federal rules, the two sets of rules are not identical, and students preparing for the California Bar Exam will have to learn some new material.
Instructors: Romero, L. (PI)

LAW 291: Evidence, Advanced

Goal is to develop witness interrogation skills. Direct and cross examination of lay and expert witnesses, introduction of documentary evidence, and use of illustrative evidence in California and federal courts. The art of examining friendly and hostile witnesses. Enrollment limited to six. Prerequisite: 290, application
Last offered: Winter 2009

LAW 292: Estate Planning

This is a combined estate and gift tax and estate planning course. The course first covers basic estate and gift tax principles, using the Internal Revenue Code and Regulations, and then apply those principles in a survey of estate planning principles and techniques. Traditional estate planning tools including wills, trusts, property titling and agreements, and durable powers of attorney are discussed as well as charitable planning, post-mortem planning, administration issues, and planning for special situations, such as owners of closely held businesses, entrepreneurs and the disabled.
Terms: Spr | Units: 3
Instructors: Pearson, B. (PI)
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