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331 - 340 of 577 results for: LAW

LAW 532: Understanding the Legislative Process: American Legislative Institutions in Analytical Perspective

Statutes are central to the legal system in the United States and virtually every other country, but they are generated through an intricate legislative process that is often poorly understood and has in recent years been subject to intense criticism. The primary goal of this course is to explore certain categories, procedures, and norms used in the U.S. Congress. The class will also consider how the U.S. legislative process functions relative to approaches in other countries (particularly advanced industrialized countries with mature legislative and executive institutions), and will critically examine some of the concerns that have been raised among scholars and commentators about the efficacy of the U.S. legislative process. Specific topics covered in the course will include the legislative budgeting and appropriations process; legal (including constitutional) interpretation in the legislature; oversight of executive and administrative action; legislative agenda-setting and other counter-majoritarian features of the lawmaking process; and the division of labor between legislative chambers, committees, and subcommittees. Students will have an option of either choosing between writing 4 short response papers (4-5 pp. each), or one longer paper for writing "W" credit for 3Ls only. After the term begins, students accepted into the course can transfer from section (01) into section (02), which meets the W requirement, with consent of the instructor. Special Instructions Writing (W) credit is for 3Ls only. Elements Used in Grading: Class participation, attendance, four short response papers or final paper.
Last offered: Spring 2014

LAW 534: Law and Psychology

This course will examine the implications of psychological theory and research for normative legal theory and for contemporary legal policies, procedures, and practices. The course will draw on contemporary cognitive, social, and clinical psychology to address the concepts of intent, responsibility, deterrence, retribution, morality, and procedural and distributive justice. We will examine evidence law (e.g. eyewitness testimony, polygraphy, expert testimony, psychiatric diagnosis and prediction), procedure (e.g., trial conduct, jury selection, settlement negotiations, alternative dispute resolution), and various topics in criminal law, torts, contracts, property, discrimination, family law, and other areas. We will compare "rational actor" and psychological perspectives on decision making by juries, judges, attorneys, and litigants. Special Instructions: 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. Elements used in grading: Series of shorter papers or final independent research paper totaling 28-pages.
Terms: Win | Units: 3
Instructors: MacCoun, R. (PI)

LAW 537: The United States Senate as a Legal Institution

This course will familiarize students with major, and/or emerging legal and constitutional issues concerning the U.S. Senate. In so doing, it will examine: 1) the Senate's nature as a complex legal institution, and 2) the issue of the Senate's legitimacy in the context of the current and largely unprecedented criticism of the Senate from all parts of the political spectrum. This first portion of the course will consider institutional-legitimacy issues facing the Senate, including the appointment of senators to fill vacancies as well as disputes concerning Senate rules and procedures such as the filibuster and holds. The second part of the course will explore how the Senate interfaces with the Constitution and the Supreme Court. It will examine how senators should regard the issue of constitutionality in voting on legislation, be it campaign-finance reform, internet decency, or health care. This part of the course will also consider how senators should approach proposed constitutional amendments. The final portion of the course will review the wide range of issues that have emerged in recent years regarding the constitutional relationship between the Senate and the Executive Branch, including the increasingly acrimonious issue of the standard to apply to executive appointments under the advice and consent power. Particular emphasis on this part of the course will be given to issues that have gained greater prominence since 9/11, including the relationship between enacted, constitutional legislation and the presidential assertion of Article II powers, as well as the Senate's abdication of its Article I war-declaration power. Elements used in grading: Class participation, attendance and final exam.
Terms: Aut | Units: 3
Instructors: Feingold, R. (PI)

LAW 538: Sociology of Law

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. Special Instructions: Students are expected to attend a weekly TA-led discussion section in addition to lecture. Sections will be scheduled after the start of term at times when all students can attend. Paper requirements are flexible. Cross listed with the Sociology Department ( Soc 136/236). See "Special Instructions" in course description above. Elements Used in Grading: Class participation, paper proposal, three short papers and a final paper (see syllabus for details).
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 540: Litigation and Institutional Design

This seminar will focus on issues of institutional design as they relate to complex litigation in the contemporary American legal system. Topics addressed will include explanations for the general move away from regulation and toward litigation in recent decades, the legal and policy implications of that trend, and contemporary efforts to retrench or remake the system. We will examine these topics from a number of substantive and procedural angles using case law, readings, and case studies. We will explore such disparate substantive areas of law as employment discrimination, securities regulation, qui tam actions, and mass torts. We will also discuss trans-substantive topics such as the class action device, private enforcement of public law (through regimes that deputize "private attorneys general" as enforcers), and federal regulatory pre-emption. Though the seminar will integrate knowledge from a number of fields of law and from other disciplines, emphasis will be given to the functional analysis of practical problems of institutional design. (Note: This course was previously titled "Reconstructing the Litigation State.") Grades will be based on class participation and either (1) several short reflection papers or (2) an independent research paper with consent of the instructor. 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. Writing (W) credit is for 3Ls only. Elements used in grading: Class participation, attendance, reflection papers or research paper.
Last offered: Spring 2014

LAW 541: Legal Profession Workshop: The Future of Big Law

Ever since the global financial crisis, legal media have focused on the contraction of the corporate legal services sector. But the future holds more high-end corporate law work, not less; the question is who (or what) is going to perform that work, in what organizational setting and what part of the world. This seminar will address the key dimensions of change in the "big law" market and how changes in the delivery of corporate legal services may affect legal careers, gender equality, diversity, and work-life balance. Topics include the increased power of General Counsel, new organizational models for delivering corporate legal services, the response of large law firms to new market factors, the expanding role of information technology in the delivery of corporate legal services, third-party litigation financing, changing legal markets outside the US, the evolution of global law firms, the effects of changes in law firm organization on women and lawyers of color, and the effects of changes in the legal market on legal careers. Course materials will include books and journal articles, media reports, blog posts and guest lectures. Students may enroll either in Section 01, Section 02, or Section 03. Students in Section 01 will receive 3 credits and write research papers on a topic of their choice, relying primarily on existing literature (e.g. journal articles, media reports and blog posts). These papers will be due on the regular submission date for Winter Quarter Courses. Students in Section 02 will receive 4 credits and write research papers on a topic of their choice, based on their own empirical research projects. Students may use existing ALM datasets (available through the library), conduct qualitative interviews or online surveys, scrape data from the Web, or use other data sources in their research. Prof. Hensler will meet with students in Section 02 as necessary to advise on research design, data collection and analysis. Research papers for Section 02 will be due on the submission date FOR THE SPRING QUARTER. Students in Section 03 will write an 18 page paper and attend all class sessions and receive 2 credits. Section 03 receives research writing credit and grading is based on the paper and class participation. Elements used in grading: Class participation and research paper.
Terms: Win | Units: 4
Instructors: Hensler, D. (PI)

LAW 543: Entrepreneurship, Leadership and Law in Social Enterprises

Many believe that society's greatest challenges have already been solved by social entrepreneurs and the challenge is how to take their ideas to scale. However, it has become increasingly difficult to start and sustain social ventures. The lines between the public and private sectors have become increasingly blurry as best practices in the social sector now include innovation, strategy and accountability. This course will expose students to the work of social entrepreneurs in social enterprises - focusing primarily on domestic non-profit organizations. Using the "case study method" typically used in MBA programs, students will examine the challenges of starting, counseling, serving, funding and scaling social ventures through the eyes of the entrepreneur, investor, attorney and community leader. The course will explore the intricacies of remaining mission driven, talent, board relations, managing and sustaining growth, the changing role of corporate governance, and leveraging private sector partnerships and resources. Students will also explore innovative public / private sector partnerships and the challenges and opportunities of engaging diverse partners with differing agendas. The course will include guest speakers from the fields of law, business and the social sector. Throughout, students will explore the valuable roles that attorneys can and have played in such ventures. Students will be expected to attend, participate actively, present to the class and write reflection papers. Elements used in grading: Reflection Papers.
Last offered: Spring 2014

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

Lawyers' representation of their clients increasingly calls for skill 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. The teaching team includes third party neutrals and advocates from a range of contexts, including federal court, private mediation, private and public arbitration, and corporate legal counsel. An optional 1 unit module on International Arbitration will be taught in Spring quarter by Gary Born. Elements used in grading: Class participation, discussion, short written assignments.
Terms: Win | Units: 3

LAW 546: Alternative Dispute Resolution: Practicum

Effective client representation increasingly calls for lawyers with skill 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. Grades will be based on seminar participation and 3 short papers. Co- or Prerequisites: Mediation or ADR. Elements used in grading: Class participation, attendance and written assignments. CONSENT APPLICATION: To apply for this course, students must complete and submit a Consent Application Form available on the SLS website (Click Courses at the bottom of the homepage and then click Consent of Instructor Forms). See Consent Application Form for instructions and submission deadline.
Terms: Spr | Units: 2
Instructors: Martinez, J. (PI)
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