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191 - 200 of 460 results for: LAW

LAW 3009: Health Law: Improving Public Health

This course examines how the law can be used to improve the public's health. The broad questions explored are: what authority does the government have to regulate in the interest of public health? How are individual rights balanced against this authority? What are the benefits and pitfalls of using laws and litigation to achieve public health goals? The course investigates these questions as they operate in a range of specific contexts, including preventing and controlling infectious diseases; preventing obesity; reducing tobacco use; ensuring access to medical care; reducing firearm injuries; addressing the opioid epidemic; and responding to public health emergencies. In examining these contexts, we will ask and answer questions such as, what do the Constitution and key statutes permit? What makes a good public health law? Where do we see success stories--and failures--in public health law? What ethical and economic arguments justify government intervention to shape individuals' and companies' health-related behaviors? Instruction is through interactive lectures with a significant amount of class discussion and some group exercises. Class Participation, Written Assignments, Final Exam. Cross-listed with Medicine ( MED 237).
Terms: Spr | Units: 3
Instructors: Mello, M. (PI)

LAW 3010: Mental Health Law

This class will explore timely issues surrounding mental health law. Representative topics include civil commitment proceedings; forced outpatient treatment and hospitalization; guardianship/conservatorship and its alternatives; electroconvulsive therapy (ECT); the Americans with Disabilities Act; the Individuals with Disabilities Education Act (IDEA); and neurodiversity. A variety of stakeholders--clinicians, attorneys, individuals with mental illness or developmental disabilities, and family members--will join us as guest speakers to reflect on the strengths and weaknesses of the current system and discuss possible reforms. 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 instructors. Elements used in grading: Class Participation, Written Assignments, Final Paper
Terms: Win | Units: 2

LAW 3011: Law and Economics of Biomedical Innovation

Biomedical research at universities, other nonprofits, government laboratories, and private firms has led to remarkable lifesaving advances in recent decades. Scientists have developed new biologic drugs to cure cancer, complex algorithms to identify public health risks or predict disease, and 3D-printed medical devices. Biomedical research is also tremendously expensive. In this seminar we will examine the economics of biomedical R&D and the legal framework that is designed to incentivize new advances, with an emphasis on pharmaceuticals. We will consider policy tools including patents and other intellectual property, FDA-administered regulatory exclusivity, prizes, grants, tax incentives, and insurance reimbursement. We will also discuss how these incentives are funded and what this means for allocating access to medical technologies, both in the United States and abroad. The current policy mix of innovation incentives and access allocation mechanisms is far from perfect, and student more »
Biomedical research at universities, other nonprofits, government laboratories, and private firms has led to remarkable lifesaving advances in recent decades. Scientists have developed new biologic drugs to cure cancer, complex algorithms to identify public health risks or predict disease, and 3D-printed medical devices. Biomedical research is also tremendously expensive. In this seminar we will examine the economics of biomedical R&D and the legal framework that is designed to incentivize new advances, with an emphasis on pharmaceuticals. We will consider policy tools including patents and other intellectual property, FDA-administered regulatory exclusivity, prizes, grants, tax incentives, and insurance reimbursement. We will also discuss how these incentives are funded and what this means for allocating access to medical technologies, both in the United States and abroad. The current policy mix of innovation incentives and access allocation mechanisms is far from perfect, and students will have the opportunity to discuss reform proposals with real-world biomedical innovators from different sectors. There are no prerequisites, and no technical or economic background is required, but students should be willing to learn about biomedical technologies, detailed legal frameworks, and economic policies. Special Instructions: After the term begins, students 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. Elements used in grading: attendance, participation, and reflection papers or research paper. Early drop deadline. 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.
Last offered: Winter 2019

LAW 3254: How to Ask a Question

Asking questions is at the core of the role of an attorney. Whether it is interviewing a potential new client, interrogating a witness in a deposition, or conducting a direct or cross examination at trial, knowing how to ask a question is an essential lawyering skill. We'll explore textual materials and real life case examples in transcripts, videotape, and cinema to determine the principals and best practices for questioning. We'll learn how to prepare for questioning, how to focus, narrow, and broaden an examination, how to obtain key admissions, how to deal with a difficult opponent, when to stop asking, and how to use what's been obtained in court or otherwise to win for your clients. This course will give you the skills and tools needed for the critical roles of understanding your clients and your cases and successfully representing their causes. Class attendance is required. Shanin Specter is a founding partner of Kline & Specter, P.C., in Philadelphia, concentrating in catastrop more »
Asking questions is at the core of the role of an attorney. Whether it is interviewing a potential new client, interrogating a witness in a deposition, or conducting a direct or cross examination at trial, knowing how to ask a question is an essential lawyering skill. We'll explore textual materials and real life case examples in transcripts, videotape, and cinema to determine the principals and best practices for questioning. We'll learn how to prepare for questioning, how to focus, narrow, and broaden an examination, how to obtain key admissions, how to deal with a difficult opponent, when to stop asking, and how to use what's been obtained in court or otherwise to win for your clients. This course will give you the skills and tools needed for the critical roles of understanding your clients and your cases and successfully representing their causes. Class attendance is required. Shanin Specter is a founding partner of Kline & Specter, P.C., in Philadelphia, concentrating in catastrophic injury litigation. He has obtained more than 200 settlements or verdicts in excess of $1 million and is a member of the Inner Circle of Advocates, whose membership is limited to the top 100 plaintiffs' attorneys in the United States. Elements used in grading: assessment of two brief and one longer reaction papers, as well as classwork. This class will meet three times for three hours in Winter Quarter (exact dates TBD).
Terms: Win | Units: 1
Instructors: Specter, S. (PI)

LAW 3258: Responsibility for Risk: Perspectives on Liability Insurance

This seminar will explore the intellectual foundations of the institution of insurance, including the following key questions: How is insurance to be conceived: from a contract perspective? a tort perspective? a private governmental perspective? Correlatively, what are the economic and ethical dimensions of risk classifications and management? How serious are the concerns about moral hazard and adverse selection---core concepts of insurance law? What standards should be used to resolve insurance bad faith claims? And, when a party is sued and the liability insurer controls the party's defense, how should the defense lawyer hired by the insurer navigate---and conceive of---this triangular relationship? The pervasive role of insurance in addressing societal concerns about accidental harm is vitally important but has been remarkably under-examined in the traditional law school curriculum. Special Instructions: Grades will be based on class attendance, class participation, and either sever more »
This seminar will explore the intellectual foundations of the institution of insurance, including the following key questions: How is insurance to be conceived: from a contract perspective? a tort perspective? a private governmental perspective? Correlatively, what are the economic and ethical dimensions of risk classifications and management? How serious are the concerns about moral hazard and adverse selection---core concepts of insurance law? What standards should be used to resolve insurance bad faith claims? And, when a party is sued and the liability insurer controls the party's defense, how should the defense lawyer hired by the insurer navigate---and conceive of---this triangular relationship? The pervasive role of insurance in addressing societal concerns about accidental harm is vitally important but has been remarkably under-examined in the traditional law school curriculum. Special Instructions: Grades will be based on class attendance, class participation, and either several short reflection papers (section (01)) or an independent research paper (section (02)). 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 paper length. Elements used in grading: Class participation, class attendance, reflection papers or research paper. Early drop deadline.
Terms: Win | Units: 2-3

LAW 3259: The Civil Justice System as an Agent of Change

The past 60 years have witnessed a dramatic expansion in the role of the courts as an agent of change in the United States. Constitutional, civil and economic rights have been created, such as marriage equality and strict liability in tort, but rights have also been limited through statutory restrictions and other means. The role of the judge has grown to activist and administrator in cases such as prison reform and housing desegregation. And through it all, it has been lawyers who have fought, won, and lost the battles of expansion and contraction of rights and remedies. Where the government fails to protect us, private practitioners serve a crucial role in challenging the legal "status quo" through civil litigation; vindication of a particular client's claim can simultaneously establish or clarify the rights in question on a societal scale. Taught by an experienced trial lawyer, along with guests from both plaintiff and defense practices, course readings and discussion will draw on a more »
The past 60 years have witnessed a dramatic expansion in the role of the courts as an agent of change in the United States. Constitutional, civil and economic rights have been created, such as marriage equality and strict liability in tort, but rights have also been limited through statutory restrictions and other means. The role of the judge has grown to activist and administrator in cases such as prison reform and housing desegregation. And through it all, it has been lawyers who have fought, won, and lost the battles of expansion and contraction of rights and remedies. Where the government fails to protect us, private practitioners serve a crucial role in challenging the legal "status quo" through civil litigation; vindication of a particular client's claim can simultaneously establish or clarify the rights in question on a societal scale. Taught by an experienced trial lawyer, along with guests from both plaintiff and defense practices, course readings and discussion will draw on a wealth of textual, law review, and lay media, and the arc of relevant case law, including real trial experiences and litigation documents. This course explores changes in motor vehicle and commercial product safety, medical malpractice, police misconduct, civil rights, marital rights, sexual harassment and abuse, firearms liability, school and housing desegregation, college hazing, privacy, school funding and consumer safety. We'll study the titanic struggle over appropriate remedies for wrongs in these substantive areas, ranging from immunity to limits on recoveries, compensatory and punitive damages, injunctive relief and other equitable remedies. We'll also study how a plaintiff or defense lawyer can make a difference for their clients and others similarly situated to catalyze significant societal improvement. Elements used in grading: The grade is based on class work (i.e., contribution to discussions and participation in class exercises) and a final paper. There is no exam. No automatic grading penalty for late papers.
Last offered: Winter 2019

LAW 3502: Art and the Law

This course covers the legal, public policy, and ethical issues that concern artists, art dealers, auction houses, museums, collectors, and others who comprise the world of visual art. Our focus will be on artists' rights (including copyright, resale royalties, moral rights, and freedom of expression issues), how the markets in art function (such as the artist-dealer relationship, auction rules, and issues faced by collectors), and the legal and ethical rules governing the collection, donation, and display of visual art, particularly for museums and their donors. The course focuses on certain recurrent themes: How do statutes and courts define (or attempt to define) art, and how is art defined differently for different legal purposes? How does the special character of art justify or require different treatment under the law from that accorded other tangible personal property, and how does (and should) the expressive nature of art affect the way it is owned, protected, regulated, or fun more »
This course covers the legal, public policy, and ethical issues that concern artists, art dealers, auction houses, museums, collectors, and others who comprise the world of visual art. Our focus will be on artists' rights (including copyright, resale royalties, moral rights, and freedom of expression issues), how the markets in art function (such as the artist-dealer relationship, auction rules, and issues faced by collectors), and the legal and ethical rules governing the collection, donation, and display of visual art, particularly for museums and their donors. The course focuses on certain recurrent themes: How do statutes and courts define (or attempt to define) art, and how is art defined differently for different legal purposes? How does the special character of art justify or require different treatment under the law from that accorded other tangible personal property, and how does (and should) the expressive nature of art affect the way it is owned, protected, regulated, or funded? We anticipate having two or three visitors to the class during the quarter, such as a gallery owner, auctioneer, and museum director. In addition, we will also have the students participate in at least one or two interactive negotiation simulation exercises inspired by real situations and controversies in the art world. Graduate students from other departments and schools are welcome to take this course with the permission of the instructors. Elements used in grading: Class participation, attendance, final exam.
Terms: Aut | Units: 2

LAW 3504: History of American Law

(Formerly Law 318) 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. Special Instructions: Any student may write a paper in lieu of the final exam with consent of 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. Elements used in grading: Final exam or paper. Automatic grading penalty waived for writers. Cross-listed with History ( HISTORY 152 - Consent of instructor required) & ( HISTORY 352B).
Last offered: Winter 2019

LAW 3505: Law and Culture in American Fiction

This seminar explores the interplay of legal and literary representations in nineteenth and twentieth century American culture. Each week, a novel or story is paired with relevant legal and historical readings. Central themes include the ways literary texts register changes in property law, the law of contracts, intellectual property and legal constructions of race, gender, and privacy, especially as they relate to the maintenance of personal identity, community stability, and linguistic meaning. The terms and stakes of these relationships inform our readings of both fiction and legal texts (often cases). The writers whose work we will consider include James Fenimore Cooper, Herman Melville, Henry James, Nella Larsen, Willa Cather, William Faulkner, and Sherman Alexie. We will also consider the points of contact between literary narrative and narrative in law. Elements used in grading: Class participation, attendance, written assignments and final paper. Automatic grading penalty waive more »
This seminar explores the interplay of legal and literary representations in nineteenth and twentieth century American culture. Each week, a novel or story is paired with relevant legal and historical readings. Central themes include the ways literary texts register changes in property law, the law of contracts, intellectual property and legal constructions of race, gender, and privacy, especially as they relate to the maintenance of personal identity, community stability, and linguistic meaning. The terms and stakes of these relationships inform our readings of both fiction and legal texts (often cases). The writers whose work we will consider include James Fenimore Cooper, Herman Melville, Henry James, Nella Larsen, Willa Cather, William Faulkner, and Sherman Alexie. We will also consider the points of contact between literary narrative and narrative in law. Elements used in grading: Class participation, attendance, written assignments and final paper. Automatic grading penalty waived for writers. Special instructions: Course requirements include class attendance and participation, three short response papers, and two longer papers. For Research "R" credit, students may petition to complete one long paper based on independent research. 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.
Terms: Aut | Units: 3

LAW 3506: Law and Empire in U.S. History

This course will examine the interrelationship between legal norms and empire in the history of the United States. Topics in this part will include the Constitution as an imperial document; law and the expansion of the United States in western North America, Puerto Rico, and Hawaii; the Insular Cases; and current debates over extraterritoriality and the War on Terror. Substantial readings will consist of scholarly articles, historical cases, and primary sources, and will be provided online. Requirements for the course include regular class participation and, at the students' election, either response papers or a historiographical essay. Students may also elect to complete a research paper, in which case they will receive 3 units and "R" credit. 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. Cross-listed with History ( HISTORY 354F).
Terms: Win | Units: 3
Instructors: Ablavsky, G. (PI)
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