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161 - 170 of 460 results for: LAW

LAW 2403: 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 alon more »
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.
Terms: Win | Units: 5

LAW 2403: Federal Courts

This is a course about the role of the federal courts in our constitutional democracy. It covers a series of topics about how those courts--which most students will deal with either as law clerks or lawyers--operate in a context characterized by the separation of powers and federalism. The course takes a pragmatic approach to deciding what counts as relevant federal courts jurisprudence. Its primary aim is to cover the central problems that law clerks, practicing lawyers, and policy-makers encounter in the world. Broadly speaking, it will address three large questions. First, we will examine the federal judiciary's basic structure. This means looking at the extent (and limits) to Congress's power under the Constitution to allocate cases to (different) federal courts, and to shuffle cases between federal courts and state courts. Second, we will consider how legal obligations can be enforced against state and federal actors. We will mainly be concerned with constitutional and statutory r more »
This is a course about the role of the federal courts in our constitutional democracy. It covers a series of topics about how those courts--which most students will deal with either as law clerks or lawyers--operate in a context characterized by the separation of powers and federalism. The course takes a pragmatic approach to deciding what counts as relevant federal courts jurisprudence. Its primary aim is to cover the central problems that law clerks, practicing lawyers, and policy-makers encounter in the world. Broadly speaking, it will address three large questions. First, we will examine the federal judiciary's basic structure. This means looking at the extent (and limits) to Congress's power under the Constitution to allocate cases to (different) federal courts, and to shuffle cases between federal courts and state courts. Second, we will consider how legal obligations can be enforced against state and federal actors. We will mainly be concerned with constitutional and statutory rules. We will consider a variety of different kinds of immunity and a range of mechanisms for obtaining relief. Third, we will look at how federal and state courts interact. This means looking at a series of abstention doctrines. We focus in particular on anti-suit injunctions and on federal habeas corpus. The latter is now a large part of many federal courts' docket. Elements used in grading: attendance, class participation and take-home exam.
Terms: Aut | Units: 3
Instructors: Huq, A. (PI)

LAW 2404: Global Litigation

German owned VW admits that it included a "defeat device" in the software for its diesel cars so they could fraudulently pass US environmental tests, and is sued by thousands of US consumers in state and federal courts in the US. Very quickly, the cases are consolidated in the federal court in Northern California. Meanwhile, special purpose foundations are established in the Netherlands to seek a settlement with VW on behalf of European consumers under the Dutch collective settlement act, and a securities lawsuit on behalf of investors whose share values have dropped dramatically is filed in Germany, using that country's special group litigation procedure. The Dutch foundations may be coordinating their actions with US lawyers, the shareholders in Germany are represented by the local partners of a leading US-based litigation boutique, and the shareholder suit is funded by a UK-based international litigation financing firm. In 2019, a jury in E.D. Va. delivers a verdict holding a former more »
German owned VW admits that it included a "defeat device" in the software for its diesel cars so they could fraudulently pass US environmental tests, and is sued by thousands of US consumers in state and federal courts in the US. Very quickly, the cases are consolidated in the federal court in Northern California. Meanwhile, special purpose foundations are established in the Netherlands to seek a settlement with VW on behalf of European consumers under the Dutch collective settlement act, and a securities lawsuit on behalf of investors whose share values have dropped dramatically is filed in Germany, using that country's special group litigation procedure. The Dutch foundations may be coordinating their actions with US lawyers, the shareholders in Germany are represented by the local partners of a leading US-based litigation boutique, and the shareholder suit is funded by a UK-based international litigation financing firm. In 2019, a jury in E.D. Va. delivers a verdict holding a former Somali army commander now living in the U.S. liable under the Torture Victim Protection Act for compensatory and punitive damages to a Somali citizen he injured 30 years ago. The plaintiff is represented by the Center for Justice & Accountability in San Francisco and DLA Piper lawyers serving pro bono; the witnesses include public and private actors from different countries. In 2011, US-based Apple sues Korea-based Samsung for patent infringement in N.D. CA and Samsung counter-sues in Korea, Japan and Germany. A year later more than 50 lawsuits are ongoing in more than 10 countries. Two years later the companies agree to drop their litigation outside the US and focus their resources on their US litigation battle. Apple wins a big judgment in the federal court in San Jose but Samsung appeals all the way up to the U.S. Supreme Court. SCOTUS rejects the appeal and remands and in Spring 2018 the case is on the calendar for the third time in San Jose. Philip Morris' Hong Kong subsidiary files a claim in an international arbitration tribunal charging that Australia's public health protection statute regarding tobacco marketing violates Australia's bi-lateral investment treaty with Hong Kong. The arbitration claim is filed after the parent company unsuccessfully challenged Australia's statute before the High Court. In December 2015 the arbitration tribunal rules that it does not have jurisdiction over Philip Morris' claim effectively dismissing it. But controversy over Philip Morris' and other multi-national corporations' attempts to use investment arbitration to challenge diverse health, safety and environmental protection regulations derails international trade negotiations and leads to efforts to establish an international court for investment disputes. These high-profile cases illustrate an important aspect of complex litigation: across many different substantive domains, in court and ADR proceedings, disputes that used to be contained within national borders are now trans-national. The seminar will consider the doctrinal, procedural and practical challenges that arise when litigation goes global. We will consider the high profile cases in which these issues have played out in recent years and meet some of the lawyers who are creating a new virtual international court system for the resolution of global disputes. The goal of the seminar is to develop an understanding of how the global dimension of high-stakes complex disputes shapes parties' and lawyers' strategies and judges' decisions. The seminar will meet 3 times a week. A small number of seminar sessions will be conducted in collaboration with law faculty and students in Canada, the Netherlands and Germany, three countries that have adopted procedures for dealing with large-scale civil litigation in distinctive fashions. Special Instructions: Students on the waitlist for the course will be admitted if spots are available on the basis of priority and degree program. Elements used in grading: Class participation and course paper.
Last offered: Autumn 2018

LAW 2406: Conflict of Laws

(Formerly Law 251) Instances are common in law where more than one legal authority potentially governs a particular event, occurrence or transaction. When the outcome required by these authorities differs, which law governs? Beginning with the classic problem of choosing an applicable law in cases with facts touching more than one jurisdiction, this course is designed broadly to explore the variety of theories and systems used to resolve this question. The course thus uses state/state conflicts to develop a set of approaches and then extends these to such other problems as adjudicatory jurisdiction, judgments, federal subject-matter jurisdiction, and public and private international law. Elements used in grading: Attendance, preparation, participation and final examination.
Last offered: Spring 2019

LAW 2407: Arbitration: Law, Practice & Politics

Arbitration, once narrowly defined as a party-selected method for resolving contract-based disputes arising out of commercial transactions, is now ubiquitous. In the U.S. in addition to resolving run-of the-mill commercial disputes, arbitration may be used to resolve claims invoking anti-trust, securities, and civil rights law, and consumers, employees, patients and other individual claimants may be held to arbitration provisions included in form contracts drafted by corporations that the individuals overlooked or barely understood. Businesses too may find themselves held to an arbitration clause hastily chosen by a transactional lawyer who didn't understand what she was committing her client to. Economic globalization has created increased demand for international commercial arbitration, which offers binding resolution of trans-national business disputes, enforceable in virtually every court in the world. The increased frequency of complex high-value international transactions involvi more »
Arbitration, once narrowly defined as a party-selected method for resolving contract-based disputes arising out of commercial transactions, is now ubiquitous. In the U.S. in addition to resolving run-of the-mill commercial disputes, arbitration may be used to resolve claims invoking anti-trust, securities, and civil rights law, and consumers, employees, patients and other individual claimants may be held to arbitration provisions included in form contracts drafted by corporations that the individuals overlooked or barely understood. Businesses too may find themselves held to an arbitration clause hastily chosen by a transactional lawyer who didn't understand what she was committing her client to. Economic globalization has created increased demand for international commercial arbitration, which offers binding resolution of trans-national business disputes, enforceable in virtually every court in the world. The increased frequency of complex high-value international transactions involving key industries -- e.g. energy and telecommunications -- has led to an increasing fraction of transnational business disputes with a significant public policy dimension. Moreover, the desires of countries with less developed economies to attract foreign direct investment has led to the creation of a specialized form of arbitration for disputes between private investors and states. Often bundled with other forms of alternative dispute resolution ("ADR") such as mediation, arbitration is actually a rule-defined adjudicative procedure, in which parties submit their disputes to privately-chosen and privately-paid decision-makers who deliver binding (and usually unappealable) outcomes, often in closed proceedings. The law that governs arbitration is a mix of domestic statutes (e.g., in the U.S., the Federal Arbitration Act) and international conventions (e.g., the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, the Convention on the Settlement of Investment Disputes between States and Nationals of Other States ("ICSID")) that have been entered into by a large majority of countries. Today, arbitration offers a challenging and lucrative practice area to lawyers representing corporations in multiple industries, in domestic and international contexts, and to lawyers serving as arbitrators, who often command high hourly rates. Understanding the differences and similarities among arbitration law and practice in multiple domains and the intersection of public and private law is valuable to lawyers who specialize in arbitration. This seminar is intended for students who wish to develop this capacity as well as for students who want to understand better how to draft business contracts that will protect their clients should they find themselves subject to arbitration. Although arbitration is well-accepted around the world, certain applications of arbitration have become increasingly controversial. In the U.S. the requirement that employees agree to arbitrate sexual harassment claims as a condition of employment has led to boycotts against "big law" firms. Requirements to arbitrate disputes between private investors and national governments have knocked high-profile multi-lateral trade negotiations off-track. Some business decision-makers are turning away from arbitration for "ordinary" commercial disputes, arguing that it has become as expensive and time-consuming as court adjudication, without the protections of the latter. In this course we will consider separately and together, the statutes that provide the legal framework for arbitration, the specific rules that govern different types of arbitration, the ongoing controversies evoked by some of these rules and their application, and the reforms that have been proposed in response to these controversies. We will read and discuss U.S. case law, international arbitration decisions, academic commentary and empirical analyses of arbitration use and consequences, and hear from leading arbitration practitioners. Students will select aspects of arbitration law or practice or the controversies that surround it and write research papers on their topic of interest. Elements used in grading: Attendance, Class Participation, Final Paper.
Terms: Win | Units: 3
Instructors: Hensler, D. (PI)

LAW 2502: Climate Change Policy: Economic, Legal, and Political Analysis

(Formerly Law 746) This course will advance students' understanding of economic, legal, and political approaches to avoiding or managing the problem of global climate change. Beyond focusing on economic issues and legal constraints, it will address the political economy of various emissions-reduction strategies. The course will consider policy efforts at the local, national, and international levels. Theoretical contributions as well as empirical analyses will be considered. Specific topics include: interactions among overlapping climate policies and between new policies and pre-existing legal or regulatory frameworks; the role that jurisdictional or geographic scale can play in influencing the performance of climate policy approaches; and numerical modeling and statistical analyses of climate change policies. Elements used in grading: Class Participation, Written Assignments, Final Exam. Cross-listed with Economics ( ECON 159).
Last offered: Spring 2017

LAW 2503: Energy Law

Modern energy systems aim to deliver a supply of reliable, low-cost, and clean energy; in turn, they require major capital investments in infrastructure projects, some of which have the features of a natural monopoly and therefore require ongoing economic regulation. The U.S. energy system today is subject to a complex regime of state and federal laws. We will examine the historical role of state-level electric utility regulation, tracing its evolution into the various forms of regulated and deregulated energy markets now in use in the U.S. electricity and natural gas sectors. Contemporary energy law increasingly involves a delicate federalist balance where state and federal regulators share overlapping authority in contested policy areas that are subject to major technological and economic change. Finally, we will interrogate the contested ideals of regulation and competition, which private, non-profit, and governmental stakeholders deploy in legal and political fora to advance privat more »
Modern energy systems aim to deliver a supply of reliable, low-cost, and clean energy; in turn, they require major capital investments in infrastructure projects, some of which have the features of a natural monopoly and therefore require ongoing economic regulation. The U.S. energy system today is subject to a complex regime of state and federal laws. We will examine the historical role of state-level electric utility regulation, tracing its evolution into the various forms of regulated and deregulated energy markets now in use in the U.S. electricity and natural gas sectors. Contemporary energy law increasingly involves a delicate federalist balance where state and federal regulators share overlapping authority in contested policy areas that are subject to major technological and economic change. Finally, we will interrogate the contested ideals of regulation and competition, which private, non-profit, and governmental stakeholders deploy in legal and political fora to advance private gain and public goods. Students who complete the class will gain a historical understanding of how economic regulation of the energy sector has evolved since the early 20th century, a durable conceptual framework for understanding modern energy law and policy debates, and a practical understanding of energy law designed for future practitioners. Non-law students interested in energy issues are highly encouraged to take this course, as energy law literacy is essential to careers in the sector. Elements used in grading: class participation, short written assignments, and a one-day take-home final exam. Cross-listed with Environment and Resources ( ENVRES 226).
Terms: Aut | Units: 3

LAW 2504: Environmental Law and Policy

Environmental law is critically important and endlessly fascinating. In this course, we will look at the major statutes and policies used, at both the federal and state levels, to protect humans and the environment against exposure to harmful substances, including the Clean Air Act, Clean Water Act, Superfund, the Resource Conservation & Recovery Act, and laws designed to regulate toxic substances. This class will also examine the challenges of global air pollution, including climate change and ozone depletion. The class will look not only at the substance of these laws and policies, but also at enforcement challenges, alternative legal mechanisms for advancing environmental policies (such as voter initiatives and common-law actions), the role of market mechanisms in addressing environmental problems, and constitutional restrictions on environmental regulation. As part of the class, students will engage in a series of situational case studies designed to provide a better sense of the real-world issues faced by environmental lawyers and to teach students the skills and tactics needed to solve those issues. Elements used in grading: Attendance, Class Participation, Exam.
Terms: Spr | Units: 3
Instructors: Thompson, B. (PI)

LAW 2505: Land Use Law

This course focuses on the pragmatic (more than theoretical) aspects of contemporary land use law and policy, including: the tools and historical/legal foundation of modern land use law; zoning and General Plans; the process of land development; vested property rights and development agreements; eminent domain, regulatory takings, and exactions; redevelopment; growth control, sprawl, housing density, and affordable housing; historic preservation; direct democracy over land use; global warming and climate action plans; and environmental review (CEQA and NEPA). We explore how land use decisions affect environmental quality and how land use decision-making addresses environmental impacts. Special Instructions: Student participation is essential. Roughly four-fifths of the class time will involve a combination of lecture and classroom discussion. The remaining time will engage students in case studies based on actual land use issues and disputes. This class is limited to 20 students select more »
This course focuses on the pragmatic (more than theoretical) aspects of contemporary land use law and policy, including: the tools and historical/legal foundation of modern land use law; zoning and General Plans; the process of land development; vested property rights and development agreements; eminent domain, regulatory takings, and exactions; redevelopment; growth control, sprawl, housing density, and affordable housing; historic preservation; direct democracy over land use; global warming and climate action plans; and environmental review (CEQA and NEPA). We explore how land use decisions affect environmental quality and how land use decision-making addresses environmental impacts. Special Instructions: Student participation is essential. Roughly four-fifths of the class time will involve a combination of lecture and classroom discussion. The remaining time will engage students in case studies based on actual land use issues and disputes. This class is limited to 20 students selected by consent. Elements used in grading: attendance, class participation, two short writing assignments, an oral presentation, and a final exam. 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: Win | Units: 3
Instructors: Schwartz, A. (PI)

LAW 2506: Natural Resources Law and Policy

(Formerly 281) 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 act more »
(Formerly 281) 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. Several other courses in the Law School deal with energy-law questions.) Elements used in grading: Class participation and final exam (open book). This course is taught in conjunction with Law 2516 Natural Resources Law and Policy - South Africa: Field Study (limited enrollment). See Law 2516 for details.
Last offered: Winter 2019
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