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51 - 60 of 523 results for: LAW

LAW 277: Economic Analysis of Law

(Same as PUBLPOL 202B.) Core course for Public Policy master's students. How legal rules and institutions can correct market failures.The economic function of contracts; role of legal remedies to resolve disputes when contracts fail. The choice between encouraging private parties to initiate legal actions to correct externalities and governmental actors such as regulatory authorities. Economics of litigation; how private incentives to bring lawsuits differ from the social value of litigation. Economic motives to commit crimes; optimal governmental response to crime. Prerequisites: intermediate-level microeconomics; some calculus.
Last offered: Winter 2009

LAW 278: The Article III Judge

The contemporary debate over the proper role of a federal judge under the Constitution turns, in large measure, on what it is we think an Article III judge is doing when she is called upon to resolve a "case or controversy." Is she looking for the fair result? If so, by whose lights? Is she a political actor, or is she instead looking for a rule of decision that has been previously established by law (a "mere translator" of the law, in Justice Frankfurter's words). If so, by natural law or positive law? These are some of the questions we will consider in discussing what role a federal judge plays when she exercises "the judicial Power of the United States" conferred by Article III of the Constitution. Readings will include books and articles by some of the leading legal thinkers in the nation's history. Special Instructions: This class will meet the first three weeks of the quarter only. Elements used in grading: Class attendance and participation, reading the assigned material, and a 10-15 page paper that uses the readings to analyze a significant judicial opinion. Special Instructions: This class will meet the first three weeks of the quarter only.
Terms: Win | Units: 2
Instructors: Griffith, T. (PI)

LAW 280: Toxic Harms

This seminar will examine the concerns arising from exposure to toxic substances from a variety of perspectives. A principal focus will be tort liability, and a central theme in the course will be whether tort law is an effective method of compensating victims of toxic exposure and controlling the distribution and/or emission of toxic substances. In order to assess the efficacy of tort, it is essential to compare the liability system with alternatives such as restructured "public law" litigation, administrative compensation schemes, and regulatory control strategies. Moreover, it seems equally important that these options be grounded in a concrete understanding of the major current problem areas. To accomplish these aims, the course will focus on a number of specific present concerns, including tobacco, asbestos, anti-inflammatory drugs, and workplace emissions exposures. In each instance, we will look at the nature of the public health problem as well as ensuing tort litigation and regulatory activity. In addition to examining these distinctive problem areas, we will look at broader, cross-cutting institutional reform proposals that have received recent attention. Students in Section (01) will write three ten-page writing exercises on topics discussed in class. After the term begins, students accepted into the course can transfer from section (01) into section (02), and have the option to write a final independent research paper for Research credit, with instructor consent. Elements used in grading: Three ten-page writing exercises or final independent research paper. Early drop deadline.
Terms: Win | Units: 2
Instructors: Rabin, R. (PI)

LAW 281: Natural Resources Law and Policy

Natural resource management presents extremely difficult and contentious issues of law and public policy. Major debates continue to rage over issues such as the Endangered Species Act, whether the United States should permit drilling in the Arctic National Wildlife Refuge, and how to prevent the overfishing of the oceans. This course will focus on two major aspects of natural-resource management: biodiversity protection (including the Endangered Species Act, ocean fisheries management, and global protection of marine mammals) and public lands in the United States such as national parks and wilderness areas. The course also will examine the National Environmental Protection Act and the effectiveness of environmental impact assessments. Class sessions will include critical examinations of current law and policy and in-depth discussions of situational case studies that force you to consider how you would resolve real-life issues. Students will be expected to participate actively in class discussions. (This course will not examine either water law or energy law in any depth. Water Law will be offered again in the 2015-2016 academic year. Several other courses in the Law School deal with energy-law questions.) Elements used in grading: Class participation and final exam (open book).
Terms: Aut | Units: 3
Instructors: Thompson, B. (PI)

LAW 283: Federal Courts

This course addresses the role of the federal courts in the American system of federalism and separation of powers, as well as their role in the development of substantive federal law and constitutional rights. A central premise of the course is that the institutional, political, and constitutional features of federal court litigation cannot be understood without engaging the historical context, especially the social, political, and legal movements, in response to which the federal courts have developed. Thus while many of the traditional aspects of federal court jurisprudence will be covered (e.g., federal common law including implied rights of action, justiciability doctrines and other doctrines of restraint, congressional power to limit the jurisdiction of the federal courts and to create "legislative courts" outside of Article III, Supreme Court review of judgments, state sovereign immunity, litigating against the government, and federal habeas corpus), doctrine will be placed alongside interdisciplinary readings on social, political, and theoretical accounts that reveal how the courts and ordinary Americans have come to understand the distinctive role of the federal courts, as well as claims for expansion or contraction of their powers. The course is strongly recommended for students interested in pursuing a career in litigation and/or judicial clerkships in the federal courts. Elements used in grading: Class attendance, class participation, take home exam and short paper.
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 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, we consider 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, we focus 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 will 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, justiciability, abstention and other doctrines of restraint, and the role of the federal courts in the war on terrorism. This course is highly recommended for students planning to practice in the federal courts, and many judges consider it essential preparation for a judicial clerkship. This course complements Constitutional Litigation ( Law 641), and students, especially those who plan to clerk, will benefit from taking both courses. In-School: Three hour exam. Students may consult course materials and their own notes, but not treatises, including Chemerinsky, commercial outlines, or student notes from past years or other schools. Elements used in grading: Class participation, attendance and final exam.
Terms: Aut | Units: 5

LAW 285: International Trade Regulation

This course will survey the law and policy of the WTO system and related legal regimes. Topics will include the relationship between international and domestic law, the WTO dispute resolution system, legal restrictions on border instruments, nondiscrimination obligations in international trade, preferential trading agreements such as NAFTA, the perceived tension between WTO obligations and domestic environmental/health/safety regulations, subsidies in international trade, antidumping law, trade in services, and investor rights under trade agreements. Elements used in grading: Class participation and final exam.
Terms: Spr | Units: 3
Instructors: Sykes, A. (PI)

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 287: Advanced Juelsgaard Intellectual Property and Innovation Clinic

Advanced clinic allows students who have taken the Advanced Juelsgaard Intellectual Property and Innovation Clinic to continue working on cases. Advanced clinic may be taken for 2-7 units. Students may not enroll in any clinic (basic or advanced) which would result in them earning more than 27 clinical credits during their law school career.
Terms: Aut, Win, Spr | Units: 2-7
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