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LAW 308: Cultural Heritage Law and Policy

Preference to students who have taken LAW 236 or comparable preparation. Seminar. Focus is on national and international attention to law and policy concerning works of art, antiques, architectural monuments, archives, and intangible cultural heritage. Research paper.
Last offered: Autumn 2008

LAW 311: Comparative Law

Issues of convergence of national legal systems, and American exceptionalism. Sources include contemporary Western European legal systems. Legal education, the role of judges and judging, the function and meaning of codes versus precedent, private law/public law distinction, constitutional courts, judicial review, and approaches to contract. Public law questions on racial equality and affirmative action, gender equality and sexual harassment, citizenship, and church and state.
Last offered: Winter 2009

LAW 312: Criminal Procedure: Investigation

The law school offers two survey courses dealing with constitutional criminal procedure. "Criminal Adjudication" covers the formal pretrial and trial processes, including the right of counsel, prosecutorial charging criteria, grand juries, bail, speedy trial, discover, plea bargaining, trial by jury, and double jeopardy. This course, "Criminal Investigation," covers police investigation in the form of searches and seizures, interrogations, lineups, and undercover operations, and hence examines the Fourth, Fifth, and Sixth Amendment rules regulating the police in these endeavors. It also incorporates some of the new statutory law of investigation under the USA Patriot Act and other laws relating to national security. Students may take both Criminal Investigation and Criminal Adjudication. (There is, of course, no requirement to do so.)
Terms: Aut | Units: 3
Instructors: Weisberg, R. (PI)

LAW 313: Health Law & Policy

Terms: Aut | Units: 3
Instructors: Greely, H. (PI)

LAW 315: Criminal Procedure: Adjudication

The Law School offers two survey courses dealing with constitutional criminal procedure. "Criminal Investigation" will consider questions that arise under the fourth, fifth, and sixth amendments regarding investigations, interrogations, and charging decisions. This course, "Criminal Adjudication," will look at the way the judicial system handles criminal cases. Topics will include the right to counsel (and the concomitant right to "effective assistance" of counsel), prosecutorial discretion and plea bargaining, joinder and severance, discovery, the right to jury trial, double jeopardy, sentencing, and appellate review. Students may take both Criminal Investigation and Criminal Adjudication. (There is, of course, no requirement to do so.)
Terms: Spr | Units: 3
Instructors: Weisberg, R. (PI)

LAW 318: History of American Law

(Same as HISTORY 352B). This course examines the growth and development of American legal institutions with particular attention to crime and punishment, slavery, and race relations, the role of law in developing the economy, and the place of lawyers in American society, from colonial times to the present.
Terms: Spr | Units: 3
Instructors: Friedman, L. (PI)

LAW 318: History of American Law

(Same as HISTORY 352B). Modern history of American law, legal thought, legal institutions and the legal profession. Topics include law and regulation of corporate organizations and labor relations in the age of enterprise, law of race relations in the South and North, development of classical legalism, critiques of classical legalism, modern administrative state, organized legal profession, New Deal legal thought and legislation, legal order of the 50s, expansion of enterprise liability, civil rights movements from 1940, rights revolution of the Warren Court and Great Society. (Semester schedule.)
Last offered: Winter 2009

LAW 319: Legislation

Lawyers work in a legal system largely defined by statutes, and constantly shaped by the application of legislative power. This course is about statutes and the legislative institutions that create them. It discusses some of the key laws governing access to legislative power; the procedures that culminate in the production of statutes in the legislature; and the process through which agencies, courts, and legislatures interpret statutes. The first part of the course focuses on the acquisition of legislative power. Key topics include bribery laws, lobbying and indirect influence on legislative activity, and campaign finance regulations. The second part of the course concerns the use of legislative power. Topics include framework laws for organizing the legislature, the federal budget process, the special rules governing oversight of intelligence and national security functions; and discussion of the Homeland Security Act of 2002 as a case study of how politicians, lawyers, and interest groups shape legislation. This part also includes a brief comparative discussion of how legislatures in other countries and international institutions make collective decisions. The third part of the course briefly covers the modern statutory interpretation process in courts, agencies, and legislatures. The class discusses (among other things) how courts apply certain canons of statutory interpretation, how legislative staff shape legal interpretations, and how agency implementation of statutes is shaped by legislative intervention.
Terms: Aut | Units: 3
Instructors: Schacter, J. (PI)

LAW 321: Patent Prosecution

(Same as ME 238.) Stages of the patent application process: identifying, capturing, and evaluating inventions; performing a patentability investigation, analyzing the documents, and the scope of the patent protection; composing claims that broadly cover the invention; creating a specification that supports the claims; filing a patent application with the U.S. Patent and Trademark Office; and analyzing an office action and preparing an appropriate response. Current rules and case law. Strategic decisions within each stage, such as: how a patent application advances the patent portfolio; and in what countries a patent application should be filed.
Last offered: Winter 2009

LAW 321: Patent Prosecution

(Same as ME 238). The course follows the patent application process through the important stages: inventor interviews, patentability analysis, drafting claims, drafting a specification, filing a patent application, and responding to an office action. The subject matter and practical instruction relevant to each stage are addressed in the context of current rules and case law. The course includes four written assignments: an invention capture, a claim set, a full patent application, and an Office Action response. Pre-requisites: Law 326 (IP:Patents) or ME 208.
Terms: Win, Spr | Units: 2
Instructors: Schox, J. (PI)
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