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LAW 503: Tocqueville's Democracy in America

This course is on the "reading group" model, based on class discussion rather than lecture. Each week, the class reads a certain portion of Alexis de Tocqueville, Democracy in America, and several students prepare short discussion papers. The course focuses on aspects of the book that bear on constitutional issues, broadly defined. This section will be limited to an enrollment of 16 students, who will be selected by lottery (8 Law and 8 Non-Law, graduate or upper division, students).
Terms: Spr | Units: 2

LAW 505: Educational Inequality

(Same as EDUC 379X). This class examines the issue of inequality in primary and secondary education, particularly with respect to race and socioeconomic status. It distinguishes between inequality in terms of inputs versus outputs, presenting the empirical evidence about each and the relationship between the two. The course also explores the history of legal and policy responses to persistent inequality, in particular the controversies surrounding Brown v. Board of Education and subsequent cases related to achieve racially integrated public education, as well as efforts to achieve equitable education through school finance reforms. The course considers the challenge of contemporary educational inequality and surveys the competing policy approaches, from increased and redistributed funding and efforts to improve instructional quality, to centralized accountability and testing and market based solutions such as vouchers and charter schools. Throughout, the class considers the role of law in facilitating or impeding desirable reforms, and reflect upon the practical question, in light of political impediments and constraints, of how a lawyer or social scientist might best move our nation toward a more just and less unequal educational system.
Terms: Win | Units: 2

LAW 506: Access to Justice Seminar

(Same as SOC 234/334). This seminar explores contemporary issues related to the ability of the public to access legal services, representation or "justice" within the civil legal system. These issues include: the legal framework and arguments for and against an entitlement to counsel in civil cases; current obstacles to obtaining legal representation faced by different groups defined by factors such as income and geography; an analysis of different models of service delivery (domestic and international); the benefits and costs of an entitlement to counsel in different legal contexts and cases; exploration of legal and ethical frameworks related to restorative justice, "unlicensed practice," and conflicts of interest; rights consciousness and access to justice. A key focus of the course is analyzing the implementation of the Sargent Shriver Civil Counsel Act (AB 590), a new California law that will begin operation in 2011 that requires appointment of counsel to represent low-income parties in certain civil matters.
Terms: Spr | Units: 3

LAW 513: California Climate Change Law and Policy

Same as EARTHSYS 233, EARTHSYS 133. The California Global Warming Solutions Act of 2006, the clean cars and trucks bill, and the greenhouse gas emissions performance standard. Complementary and subsidiary regulations such as the renewable portfolio standard, the low Carbon fuel standard, land use law, and energy efficiency and decoupling. Focus is on the draft scoping plan to outline California's policies for economy-wide reductions in greenhouse gas emissions. The Western Climate Initiative. History, details, and current status of California's efforts.
Last offered: Autumn 2008

LAW 514: The California Coast: Science, Policy, and Law

(Same as EARTHSYS 175, EARTHSYS 275, CEE 175A, CEE 275A.) Interdisciplinary. The legal, science, and policy dimensions of managing California's coastal resources. Coastal land use and marine resource decision making. The physics, chemistry, and biology of the coastal zone, tools for exploring data from the coastal ocean, and the institutional framework that shapes public and private decision making. Field work: how experts from different disciplines work to resolve coastal policy questions.
Last offered: Winter 2009

LAW 538: Sociology of Law

(Same as SOC 136B/236B). This course explores major issues and debates in the sociology of law. Topics include historical perspectives on the origins of law; rationality and legal sanctions; normative decision making and morality; cognitive decision making; crime and deviance, with particular attention to the problem of mass incarceration; the "law in action" versus the "law on the books;" organizational responses to law, particularly in the context of labor and employment; the roles of lawyers, judges, and juries; and law and social change with particular emphasis on the American civil rights movement.
Terms: Win | Units: 3-4
Instructors: Dauber, M. (PI)

LAW 539: Law and Policy of the European Union

(Same as IPS 232.) European legal and institutional integration, the nature and sources of EU law, the evolution of the single market, and the building of a supranational judicial system. General principles of EU law, the scope of Community powers and their application in the national legal systems of the member states, EU legislation and adjudication, the four freedoms of the single market, corporate and competition policy, and human rights law. U.S.-EU trade and anti-trust issues, cooperation in defense, development assistance, promotion of democracy, and relations in the context of the new challenges to global governance.
Last offered: Winter 2009

LAW 545: Alternate Dispute Resolution: Law, Practice, and Policy

Lawyers' representation of their clients increasingly calls for skills within a broad range of alternative dispute resolution processes. In this course, you will learn about the variety of dispute resolution procedures that operate under the ADR umbrella, within and outside of the court system (including mediation and arbitration). The goal is for students to understand the law and policy behind these alternatives relative to court adjudication, to be able to select the appropriate process for a client, and to effectively represent that client in the selected process. Guests include third party neutrals and advocates from a range of contexts, including federal court, private mediation, private and public arbitration, and corporate legal counsel.
Terms: Spr | Units: 3
Instructors: Martinez, J. (PI)

LAW 546: Alternative Dispute Resolution: Practicum

Effective client representation increasingly calls for lawyers with skills within a broad range of alternative dispute resolution processes. In this course, you will have the opportunity to observe 2-3 ADR processes being handled by Bay Area third-party neutral practitioners. Students in the class will meet periodically to review relevant law and policy, and to discuss observed cases.
Terms: Spr | Units: 1
Instructors: Martinez, J. (PI)

LAW 549: Chinese Legal System: Introduction to the

Legal institutions, major areas of substantive and procedural law, and the gap between law on the books and in action. Topics include the World Trade Organization, the Communist Party's recognition of private property, and reforms of financial system and human rights protection mechanisms.
Last offered: Autumn 2008
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