printer friendly pageLAW 516: Law and Humanities Workshop: History, Literature, and Philosophy
The Law and Humanities Workshop: History, Literature, and Philosophy is designed as a forum in which faculty and students from the Law School and from various humanities departments can discuss some of the best work now being done in law and humanities. Every other week, an invited speaker will present his or her current research for discussion. In the week prior to a given speaker's presentation, the class will meet as a group to discuss secondary literature relevant to understanding and critiquing the speaker's research. Students will then read the speaker's paper in advance of the following week's workshop presentation. Students have two options. Those taking the course for 2 credits are required to write a brief response to each speaker's paper. There will be a total of four speakers, and thus four papers. Guidance will be provided concerning how to frame these response papers, which will be due every two weeks - i.e., on the day before the speaker presents. Students taking the course for 3 credits are required to write a research paper on a law and humanities topic that they choose (in consultation with the professors). Law students who complete this 3-unit track will receive an "R" credit. After the term begins, students accepted into the course can transfer from section (01) into section (02), which meets the R requirement, with consent of the instructor. Enrollment will be limited to 30 students -- 20 from SLS who will be selected by lottery and 10 from H&S. Elements used in grading: Class participation, attendance, and writing assignments. Cross-listed with the Department of History (HIST 308F).
Terms: Win
| Units: 3
Instructors:
Kessler, A. (PI)
;
Meyler, B. (PI)
LAW 517: Why Intellectual Property?: Rationales and Critiques of IP Law
Why do societies decide to grant special legal protection to various types of creative works? A number of answers have been given over the years. Some are utilitarian: we grant these rights because doing so maximizes social welfare. Some are deontological: we grant rights because this is morally required in a just society. We will examine these various justifications, as well as variants on them. We will also ask how a society, having decided to grant some version of IP rights, ought best structure them. Should they be true property rights, with all or most of the powers this implies (creator control over uses, right to compensation from exploitation, etc.), or something else? Would a state-backed reward system work better, so that compensation is divorced from individual control? Should compensation for successful creators be limited or capped, as part of a wider attempt to moderate the distributional impacts of granting individual property rights; or must we tolerate ¿big winners¿ as an inducement or symbolic reward for other creators? We will address these and related questions by reading two sets of materials: (1) classic treatments of property rights (Locke, Kant, etc.) and social justice (Rawls); and (2) material from the contemporary literature on IP theory. We may also host some of the most interesting scholars working in the field of IP theory today, to come and explain their thinking and their work.
Last offered: Spring 2013
LAW 518: International Public Interest Lawyering Colloquium
Over the past two decades, the establishment of international criminal courts and the expansion of regional human rights tribunals have significantly improved the enforceability of international human rights law in many regions of the world. Within a similar timeframe, building the rule of law, especially in transitional societies, has found an increasingly important place on the development agenda of international organizations, governmental development agencies and private foundations. One issue that remains unclear is the impact of human rights enforceability on the reform of domestic justice systems. nnThis colloquium will examine the relationship between international human rights and domestic rule of law in transitional societies from the perspective of public interest attorneys who are seeking to achieve justice for clients who are low-income and marginalized. During the first half of the course, students will read and discuss articles that provide an overall framework for understanding the field of international human rights and the field of rule of law, including the most common critiques of both fields as they are currently practiced. nnIn the latter half of the course, students will hear perspectives from leading public interest attorneys about how they are deploying human rights mechanisms and engaging with the process of legal reform in their respective countries. There will be a focus on gender equality and protecting the human rights of women as a case study. The attorneys will offer on-the-ground observations of both the complex relationship between human rights and rule of law, and the potential and limitations of both approaches. Students will be required to participate in a symposium of leading international practitioners that addresses the same topic, and to synthesize lessons learned from the symposium as their final writing assignment.
Last offered: Autumn 2012
LAW 519: 21st Century Professional Skills and Practice Management
This course will help students to develop the professional management skills that are essential for a successful legal career. The course will focus on team dynamics and leadership; effectively communicating with clients, colleagues, other parties and tribunals; client development and service; managing expectations and unexpected adversity; and the economics of law practice, including forecasting demand for legal services and project management. For the final paper, students will create a comprehensive, personal plan outlining the substantive knowledge, professional skills, and business focus they need to build a fulfilling law practice. Assignments and simulations will demonstrate and model various skills and instructors will provide real-time feedback to students on class exercises. The course is not limited to any particular type of practice (size or substantive area). Elements used in grading: Class participation and attendance, course exercises and written assignments.
Terms: Win
| Units: 2
Instructors:
Galloway, M. (PI)
;
Robinson, S. (PI)
LAW 520: Betrayal and Loyalty, Treason and Trust
The main topic of the seminar is Betrayal: its meaning as well as its moral, legal and political implications. We shall discuss various notions of betrayal: Political (military) betrayal such as treason, Religious betrayal with Judas as its emblem, but also apostasy (converting one's religion) which is regarded both as a basic human right and also as an act of betrayal, social betrayal - betraying class solidarity as well as Ideological betrayal - betraying a cause. On top of political betrayal we shall deal with personal betrayal, especially in the form of infidelity and in the form of financial betrayal of the kind performed by Madoff. The contrasting notions to betrayal, especially loyalty and trust, will get special consideration so as to shed light or cast shadow, as the case may be, on the idea of betrayal. The seminar will focus not only on the normative aspect of betrayal - moral or legal, but also on the psychological motivations for betraying others. The seminar will revolve around glaring historical examples of betrayal but also use informed fictional novels, plays and movies from Shakespeare and Pinter, to John Le Carre'.nElements used in grading: Class Participation, Attendance, Final Paper.nThis course is cross-listed with
PHIL 174L/274L
ETHICSOC 174L/274L.
Last offered: Winter 2014
LAW 522: Private Equity Investing
This course will concern itself with the central issues related to private equity investing. Topics to be covered include the following: valuation, pricing and structuring of private investments; leveraged buyouts and other transactions involving multitiered capital structures; the structure and governance of pe funds; conceptual issues (such as option theory, asymmetric information and bounded rationality) relevant in this realm; and private equity as a distinct asset class. The primary pedagogical objective is to have students learn skills and tools used in the private equity arena including, inter alia, financial analysis, conducting a multipronged due diligence process, spreadsheet modeling and the crafting of legal documents. Case studies requiring the assessment of actual transactions will be utilized. We will have a number of guest speakers during the term, and will use various materials illustrative of what one would encounter in private equity deals and funds. Special Instructions: In order to enroll in Private Equity Investing students must concurrently enroll in PEI: Quantitative Skills Seminar (
Law 721; 1 unit). In other words, no student may enroll in either
Law 522 or
Law 721 without also enrolling in the other. Elements used in grading: class attendance, participation and written assignments. CONSENT APPLICATION: To apply for this course, students must complete and e-mail the Consent Application Form available on the SLS Registrar's Office website (see Registration) to the instructor. See Consent Application Form for submission deadline.
Terms: Win
| Units: 3
Instructors:
Quigley, J. (PI)
LAW 524: Mental Health Law
This seminar explores topics in mental health law with special emphasis on liberty issues. After a brief introduction to mental disorders, their treatment and the mental health profession, the seminar sessions will explore topics such as: civil commitment, criminal responsibility, competency determinations, and the right to refuse and consent to psychiatric treatment. A research paper is required. Elements used in grading: Final Paper.
Terms: Spr
| Units: 3
Instructors:
Strnad, J. (PI)
LAW 527: Juvenile Crime, Juvenile Justice
Juveniles are accorded special status under the American legal system. This introductory course will examine the historical precedents and philosophical reasons for treating juveniles differently from adults, and review empirical evidence about child development that can illuminate the reasons for their special status within the court system. Students will learn about the distribution of juvenile delinquency and the impact of significant social and institutional influences on delinquency: family, school, peers, and drugs. The course will also provide a detailed overview of the juvenile system, from its beginning to the current state of the institution, which will include a review of police work with juveniles, pretrial procedures, and the juvenile court and corrections systems. Major court rulings that have shaped contemporary juvenile justice will be presented. Finally, the course will consider dispositional options available to Courts, and will identify the most effective in reducing delinquency. By the conclusion of this course, students should have an understanding of the juvenile justice system and how it compares with the adult justice system, what programs work to reduce recidivism, and be cognizant of some of the major legal and policy issues confronting that system today. The course format will combine lecture, group discussions, and guest presentations. Students may also have the opportunity to observe the juvenile justice system first hand by attending a juvenile court session, visiting a correctional facility for adjudicated delinquents, and hearing directly from those who work with high-risk youth on probation or in the community. Written Work. Each student will write four reflection papers, 5-7 pages each (about 1,700 words) over the quarter. Due dates will be listed in the class syllabus. Elements used in grading: Final grades will be based on the four reflection papers (20% each) and class participation (20%). This course is open to 2Ls, and 3Ls in the Law School. Cross-listed with Comparative Studies in Race & Ethnicity (
CSRE 227).
Terms: Aut
| Units: 3
Instructors:
Petersilia, J. (PI)
LAW 528: Economic Analysis of Law
This course will provide a broad overview of the scholarly field known as "law and economics." The focus will be on how legal rules and institutions can correct market failures. We will discuss the economic function of contracts and, when contracts fail or are not feasible, the role of legal remedies to resolve disputes. We will also discuss at some length the choice between encouraging private parties to initiate legal actions to correct externalities and governmental actors, such as regulatory authorities. Extensive attention will be given to the economics of litigation, and to how private incentives to bring lawsuits differ from the social value of litigation. The economic motive to commit crimes, and the optimal governmental response to crime, will be studied in depth. Specific topics within the preceding broad themes include: the Coase Theorem; the tradeoff between the certainty and severity of punishment; the choice between ex ante and ex post sanctions; negligence versus strict liability; property rules; remedies for breach of contract; and the American rule versus the English rule for allocating litigation costs. There is no formal economics prerequisite to take this course, though some prior training in economics will be helpful. Elements used in grading: Final exam (open-book) plus several take-home problems during the quarter. Cross-listed with Public Policy (
PUBLPOL 302B). (For students interested in a shorter introduction to economic analysis of law, see
Law 741, "Introduction to Law and Economics," which is a one-unit course also offered during the winter quarter that is graded on a mandatory pass-fail basis.)
Terms: Win
| Units: 3
Instructors:
Polinsky, A. (PI)
LAW 531: Wine and the Law
The wine industry is the subject of intense activity in many legal subject areas, including constitutional law, intellectual property, environmental and land use regulation, trade protectionism, and internet commerce. This seminar surveys the legal landscape of this multibillion dollar industry, focusing on contemporary debates and developments in judicial, legislative, and administrative arenas. Course materials will consist of a blend of judicial opinions, governmental materials, and secondary sources. The instructor specializes in litigation concerning the California wine industry, and the course will feature several guest speakers addressing the economic, political, and legal aspects of the subject in its state, national, and international dimensions. A paper will be required of all students on some topic of their choosing concerning the course subject matter. Students may earn an optional third unit by writing a longer paper. Special Instructions: Students may earn credit in this seminar in one of two alternative ways, both of which will be graded under the Honors/Pass system. The first alternative is to write a series of short commentaries (about 4-5 pages each) on the material covered in four weeks of your choosing. This alternative will satisfy the Law School's "W" writing requirement. If you elect this option, you may earn two credits. The second alternative is to write a single research paper on a topic of your choosing relating to the subject matter of the course. This alternative will satisfy the Law School's "R" research requirement. If you elect the second alternative, you may earn two or three credits; the required length of the paper is approximately 20 pages for two credits and approximately 30 pages for three credits. After the term begins, students accepted into the course can transfer from section (01) into section (02), which meets the R requirement, with consent of the instructor. Students taking the course for R credit can take the course for either 2 or 3 units, depending on the paper length. Elements used in grading: Class participation, attendance and final paper. Constitutional law is a prerequisite. Writing (W) credit is for students entering prior to Autumn 2012.
Last offered: Autumn 2014
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