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301 - 310 of 461 results for: LAW

LAW 5805: Animal Law

(Formerly Law 652) This course presents a survey of the historical and current status of this rapidly developing specialty. In brief, animal law encompasses all areas of the law in which the nature -- legal, social or biological -- of nonhuman animals is an important factor. It is an objective and logical specialization of a challenging area -- one with a growing number of cases and laws, increasing public and practical interest, and significantly different historical, legal and philosophical foundations than most other courses. Topics covered include animal cruelty, animals as property, tort claims regarding animals, legal issues involving farm animals and animals in entertainment, and federal statutes regarding certain groups of animals. The Animal Law course has been described as intellectually stimulating and ethically challenging, and synthesizes a wide range of legal concepts, and the course materials apply traditional ideas to legal concepts associated with animals in new ways. more »
(Formerly Law 652) This course presents a survey of the historical and current status of this rapidly developing specialty. In brief, animal law encompasses all areas of the law in which the nature -- legal, social or biological -- of nonhuman animals is an important factor. It is an objective and logical specialization of a challenging area -- one with a growing number of cases and laws, increasing public and practical interest, and significantly different historical, legal and philosophical foundations than most other courses. Topics covered include animal cruelty, animals as property, tort claims regarding animals, legal issues involving farm animals and animals in entertainment, and federal statutes regarding certain groups of animals. The Animal Law course has been described as intellectually stimulating and ethically challenging, and synthesizes a wide range of legal concepts, and the course materials apply traditional ideas to legal concepts associated with animals in new ways. Students have called it a great bar review class, because concepts from many areas of law are covered with respect to their application to animals and their interests. More and more firms, large and small, are providing pro bono (and paying) work in the animal law area, as the field gains momentum and reputability in the legal community. Mr. Wagman is a lawyer in San Francisco, with a full-time animal law practice, representing organizations and individuals in a wide range of cases. He is one of the authors of the Animal Law casebook, two other animal legal texts, and has been practicing animal law for most of his 26-year career. His practice includes litigation, consultation, legislative work, and extensive writing and lecturing on various animal law topics. The class includes regular updates on his current cases, as well as real-life experiences from the front lines of the animal law frontier. Special Instructions: Students have the option to write an independent research 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 18 page independent research paper. Note: Due to different course content, students enrolled in Animal Law in 2016-2017 may enroll in Animal Law in 2018-2019.
Last offered: Autumn 2018 | Repeatable for credit

LAW 5806: Jurisprudence

This course examines the diverse ways in which the philosophy of law bears on the practice of law. Our subject is thus a set of philosophical concepts, particularly legal positivism and natural law, but the approach is not purely conceptual. Rather, we will examine both the philosophical concepts in the abstract and how those philosophical concepts are reflected or actualized in the craft of legal argumentation, in the intellectual history of law, and in contemporary questions of politics and government. Above all, we will ask which conception of law best contributes to legal justice. The course consists in three units. Unit I is about theories of the nature of law, focusing on legal positivism and natural law. Unit II is about theories of particular departments of law, focusing on tort law and criminal law. Unit III takes a philosophical perspective on being a lawyer, focusing on questions of what principles define lawyers' role in society and what ideals give the life of a lawyer mea more »
This course examines the diverse ways in which the philosophy of law bears on the practice of law. Our subject is thus a set of philosophical concepts, particularly legal positivism and natural law, but the approach is not purely conceptual. Rather, we will examine both the philosophical concepts in the abstract and how those philosophical concepts are reflected or actualized in the craft of legal argumentation, in the intellectual history of law, and in contemporary questions of politics and government. Above all, we will ask which conception of law best contributes to legal justice. The course consists in three units. Unit I is about theories of the nature of law, focusing on legal positivism and natural law. Unit II is about theories of particular departments of law, focusing on tort law and criminal law. Unit III takes a philosophical perspective on being a lawyer, focusing on questions of what principles define lawyers' role in society and what ideals give the life of a lawyer meaning. Grading is based on class participation, two in-class moot court presentations, and, based on individual student preference, either a final exam (a one-day take-home essay with a word limit) or a final research paper. 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 Philosophy ( PHIL 375J).
Last offered: Spring 2018

LAW 5807: Feminism and the Law: Selected Topics (Reading Group)

The Reading Group will meet five times during the quarter: April 24, May 1, May 8, May 15, and May 22. We will start by considering the major schools of feminist legal theory, and then look more closely at selected topics of current interest. Topics will likely include women in the legal profession; regulating sexual misconduct; and intersectionalities of gender, race, class and religion. Students are expected to do the assigned readings and come prepared to discuss them. In addition, each student will help co-lead one of the five sessions. There are no written requirements. All students are welcome to apply. There are no prerequisites. 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. Class will meet at Prof. Fried's house (on campus).
Last offered: Spring 2019

LAW 5808: The Law of Bystanders and Upstanders (Reading Group)

What duties do or should bystanders have to intervene in crimes (e.g., sexual assault) and crises (e.g., drowning)? What rewards and immunities should upstanders receive? What Good Samaritan laws (which eliminate liability for interveners) and Bad Samaritan laws (which penalize non-intervention) exist, how could they be improved, and how do they vary per type of crime, crisis, or jurisdiction? This reading group will explore the law of bystanders and upstanders and how such carrots and sticks could be strengthened, standardized, and spread. Class meeting dates: The reading group meets five Wednesdays on April 10, April 24, May 8, May 15 and May 22. Dinner will be provided and will meet in the clubhouse of the Pearce Mitchell Place complex (near the Law School). Elements use in grading: Attendance, Class Participation.
Last offered: Spring 2019

LAW 5809: Is there an American Legal Canon?

Is there a "canon" of American legal scholarship? And if so, how does it shape our understanding of, or the way we talk about, the law today? In many other academic disciplines, a central element of any course of advanced study is an encounter with a "canon" of some sort. This is a core set of texts that are perceived as foundational, and that are commonly used as reference points for scholarly advances. In other disciplines, the canon can be an object of emulation or criticism. Indeed, the very idea of a "canon" of legal scholarly is often subject to contestation, e.g., given the barriers women and minority scholars have faced. Drawing on the model of those foundational courses in other disciplines, this seminar aims to provide students with a working knowledge of a set of scholarly writings that can plausibly be characterized as an American "canon." At the same time, the seminar aims to elicit from students a critical engagement with this putative "canon." Particular attention is pai more »
Is there a "canon" of American legal scholarship? And if so, how does it shape our understanding of, or the way we talk about, the law today? In many other academic disciplines, a central element of any course of advanced study is an encounter with a "canon" of some sort. This is a core set of texts that are perceived as foundational, and that are commonly used as reference points for scholarly advances. In other disciplines, the canon can be an object of emulation or criticism. Indeed, the very idea of a "canon" of legal scholarly is often subject to contestation, e.g., given the barriers women and minority scholars have faced. Drawing on the model of those foundational courses in other disciplines, this seminar aims to provide students with a working knowledge of a set of scholarly writings that can plausibly be characterized as an American "canon." At the same time, the seminar aims to elicit from students a critical engagement with this putative "canon." Particular attention is paid to the manner in which the canon either includes or marginalizes certain voices. Hence, one part of the seminar involves reading material that might be part of an expanded, more diversely populated canon. The seminar is designed for two kinds of student. First, it is a useful course of study for students either interested in academia or those thinking about whether academia might be the right path for them (and indeed, the seminar is modeled on a course at Chicago designed for prospective academics, or those considering that path). Second, the course is a chance to take a deeper dive into ideas that lurk behind many first-course private-law and public-law courses. During the seminar, students will read and discuss a range of texts, many drawn from Fisher and Kennedy's The Canon of American Legal Thought. Students will be asked to write response papers and to lead discussion on certain readings. The precise set-up of the course will depend, however, on enrollment. Finally, students will also have the option of doing a longer paper for additional credit (section 02). After the term begins, students accepted into the course can transfer from section 01 (2 units) into section 02 (3 units) with consent of the instructor. Elements used in grading: class participation, short papers, and optional final research paper. Paper extensions will be granted with instructor permission. No automatic grading penalty for late papers.
Terms: Aut | Units: 3
Instructors: Huq, A. (PI)

LAW 5810: Behind the Doctrinal Curtain: Law School's Concepts and Themes

When you have finished law school, you will (hopefully) have mastered a good deal of legal doctrine (many of you will review and/or sharpen your mastery of particular rules when you study for the Bar) and mastered a number of skills you will need to fulfill professional roles. (Hopefully, you will learn particular advocacy skills if you will be an advocate; writing skills that will help you whether you draft contracts or legislation, briefs or executive summaries, client letters; and, particularly in the Experiential Learning courses, skills that will help you exercise prudent judgment, collaborate with others, work both efficaciously and empathetically in a diverse world.). The claim that underlies this course is that your "classroom" courses here at SLS -- and at pretty much any of the academically ambitious schools that most of you considered attending -- had both a text (the doctrines and policies in the particular subject area that you were studying) and a "sub-text" (the concepts more »
When you have finished law school, you will (hopefully) have mastered a good deal of legal doctrine (many of you will review and/or sharpen your mastery of particular rules when you study for the Bar) and mastered a number of skills you will need to fulfill professional roles. (Hopefully, you will learn particular advocacy skills if you will be an advocate; writing skills that will help you whether you draft contracts or legislation, briefs or executive summaries, client letters; and, particularly in the Experiential Learning courses, skills that will help you exercise prudent judgment, collaborate with others, work both efficaciously and empathetically in a diverse world.). The claim that underlies this course is that your "classroom" courses here at SLS -- and at pretty much any of the academically ambitious schools that most of you considered attending -- had both a text (the doctrines and policies in the particular subject area that you were studying) and a "sub-text" (the concepts and themes that recurred across a wide range, maybe all, of your courses.) The goal of this course is to highlight these recurring themes (and remind you or illuminate for you just how often you confronted or will confront these issues), to discuss more overtly and directly the distinct approaches to each of these recurring issues than you might have discussed them before, and to expose you to some ways of approaching these issues that might be less familiar to you. In discussing these issues, we will draw on the insights offered by a wide array of "schools" of legal thought, including, but not limited to, libertarianism, Law and Economics, Legal Realism, Critical Legal Studies, Critical Race Theory, a variety of Feminist Legal Theories (anti-subordination feminism, "cultural" feminism), Langdellian Formalism and neo-Formalism, Law and Society. So, for instance, we will discuss some or all of the following issues: 1. Ways in which legal pronouncements are framed (the tension between the use of rules and standards; between default and mandatory rules); 2. Remedial options and remedial mechanisms (the choice between inalienable entitlements, injunctions, damages, restitution, and distinct forms of punishment; between sliding remedial scales and binary outcome-determinative rules; conduct regulation and output/outcome goals; public enforcement v. mixed public/private enforcement v. private enforcement with differing degrees of collectivization of individual complaints); 3. Issues in the interpretation of both private and public legal texts (textualism, intent-based originalism, flexible purposivism) and distinct theories of why or in what ways texts may be either incomplete or "dated," with some special attention to how to interpret texts that appear to delegate authority (to another decision maker, to a future decision maker) to make narrow, concrete decisions; 4. The interplay between substance and procedure (and its relationship to creating a gap between the law on the books and the law in action; the degree to which substantive rules are framed in the way that they are because rule makers are anticipating procedural barriers to enforcing alternative rules); 5. Institutional competence issues; 6. Alternative visions of human behavior and motivation (individualistic rational choice models with "thin," generally materialistic goals v. thicker rational choice models v. individualistic models influenced by psychologists, advancing richer views of how people process information and form tastes and/or sociological models, focused more on group influence, group maintenance and group conflict); 7. Some recurring substantive issues (how we define operative assent and how we define normatively meaningful consent; how we deal with problems of incommensurable values or deny the possibility of incommensurability; when we do or don't believe people are adequately empowered by "exit" -- finding another provider in a market or subjecting ourselves to a different political body that will make the rules that govern us -- and when we believe power must be exercised politically/collectively; when we believe principal/agent problems are serious and how we think they are "solved"; battles between anti-classification and anti-subordination views of antidiscrimination norms) and 8. The origins of law and the impact of law (is law significantly autonomous or responsive to other social forces (where "social forces" might or might not be understood in significant part in terms of distinctions in power by race, class, gender, LGBTQ status etc.) and to the ideological predispositions of those who articulate it? Is law -- and most particularly the judge-made law we (over?) emphasize in law school -- effectual in achieving social change?) Special Instructions: This class is limited to 30 students. 3Ls/Advanced Degree students will receive first preference, followed by 2Ls and then 1Ls. Elements used in grading: Grades will be based on reaction papers and class participation; there may be formal class presentations as well (depending on class size) that would also figure into grading.
Terms: Win | Units: 3
Instructors: Kelman, M. (PI)

LAW 6001: Legal Ethics

This course will explore issues involving professional responsibility. Topics will include the role of advocates, the adversary system, the conditions of practice, diversity, candor, and confidentiality, conflicts of interest, lawyer-client relationships, regulatory structures, access to justice, pro bono service, and legal education. Special Instructions: Grades will be based on class participation and (1) short reflection essays on the readings and a short research paper or (2) a long paper. A maximum of 10 students will be permitted to write the long paper for R credit. After the term begins, 10 students can transfer from section (01) into section (02), which meets the R requirement, with consent of the instructor. If more than 10 students apply to write a long paper for R credit, a lottery will be run to determine the 10 students accepted in section (02). This class is designated as fulfilling the Ethics requirement (and the R requirement with instructor consent). Elements used in grading: Attendance, class participation, and either long paper or short reflection essays on the readings and short research paper.
Terms: Aut | Units: 3
Instructors: Rhode, D. (PI)

LAW 6003: The American Legal Profession

This course will deal with selected aspects of the history, organization, economics, ethics, and possible futures of the legal profession in the United States. Likely topics will include, in addition to the ABA's Model Rules of Professional Conduct: demographic changes in the profession, the evolution of law firms, bar associations, and law schools from the early twentieth century to the present; the development of corporate law, personal injury, mass torts, prosecutorial and criminal defense practices, and the "public-interest" bar; the dominant professional ethic of adversary-advocacy, and its critics; the regulation of lawyers; the economics of the market for legal services; the organization and culture of law firm practice; the role of the role of the lawyer as counselor; and the export of American lawyering models abroad. 8-hour self-scheduled take-home examination, with option of writing a research paper. Special Instructions: Students have the option to write a long research pap more »
This course will deal with selected aspects of the history, organization, economics, ethics, and possible futures of the legal profession in the United States. Likely topics will include, in addition to the ABA's Model Rules of Professional Conduct: demographic changes in the profession, the evolution of law firms, bar associations, and law schools from the early twentieth century to the present; the development of corporate law, personal injury, mass torts, prosecutorial and criminal defense practices, and the "public-interest" bar; the dominant professional ethic of adversary-advocacy, and its critics; the regulation of lawyers; the economics of the market for legal services; the organization and culture of law firm practice; the role of the role of the lawyer as counselor; and the export of American lawyering models abroad. 8-hour self-scheduled take-home examination, with option of writing a research paper. Special Instructions: Students have the option to write a long research 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: Class participation, attendance, final paper or final exam.
Terms: Spr | Units: 3
Instructors: Gordon, R. (PI)

LAW 6004: Legal Ethics: The Plaintiffs' Lawyer

This course uses a study of plaintiffs' lawyers as a vehicle to explore many of the most controversial and important issues at the intersection of tort law, civil procedure, and legal ethics. Specifically, in this course, we will study who personal injury lawyers are, how they find clients, how they fund litigation, and how they usher complex cases to conclusion. In so doing, we will address: the role and regulation of lawyers; the use and abuse of the contingency fee; the legality and normative consequences of solicitation and attorney advertising; the propriety of secret settlements, NDAs, and expansive protective orders; the rise and impact of "alternative litigation finance"; and the vexing issues posed by class actions, aggregate actions, consolidated actions, and multidistrict litigations (MDLs). The final segment of the course will involve a series of case studies, where students will test their knowledge of the Model Rules of Professional Conduct and have the opportunity to see more »
This course uses a study of plaintiffs' lawyers as a vehicle to explore many of the most controversial and important issues at the intersection of tort law, civil procedure, and legal ethics. Specifically, in this course, we will study who personal injury lawyers are, how they find clients, how they fund litigation, and how they usher complex cases to conclusion. In so doing, we will address: the role and regulation of lawyers; the use and abuse of the contingency fee; the legality and normative consequences of solicitation and attorney advertising; the propriety of secret settlements, NDAs, and expansive protective orders; the rise and impact of "alternative litigation finance"; and the vexing issues posed by class actions, aggregate actions, consolidated actions, and multidistrict litigations (MDLs). The final segment of the course will involve a series of case studies, where students will test their knowledge of the Model Rules of Professional Conduct and have the opportunity to see the course's themes echoed and expressed in recent real-world controversies. Importantly, though the course is nominally focused on "the plaintiffs' lawyer," it does not just equip students to practice on one side of the "v." Rather, through our grounded and contextualized study of legal ethics, advanced civil procedure, the legal profession, and contemporary legal practice, students will acquire tools to litigate cases of all stripes and for both sides. Elements used in grading: Class participation, attendance, and reflection papers.
Terms: Win | Units: 3
Instructors: Engstrom, N. (PI)

LAW 6005: Technological, Economic and Business Forces Transforming the Private Practice of Law

(Formerly Law 388) The private practice of law is undergoing fundamental change. Technological, economic and business forces are placing extreme pressure on the traditional "Big Law" firm model. These forces will transform, eliminate or replace virtually every aspect of the legal services provided by traditional firms. Foundations of the law firm model such as bespoke client services, "billable" hours, large staffs (e.g., paralegals and secretaries), high associate-to-partner ratios and summer associate programs are becoming (or have already become) relics of a bygone era. Sophisticated clients today are utilizing a wide range of internal and external service providers and technologies such as artificial intelligence for their legal work. The diversity of how legal services are delivered and priced to clients is rapidly increasing. This rapid increase is dramatically altering the supply and demand side of the legal economy and is altering the types of skills and prerequisites required more »
(Formerly Law 388) The private practice of law is undergoing fundamental change. Technological, economic and business forces are placing extreme pressure on the traditional "Big Law" firm model. These forces will transform, eliminate or replace virtually every aspect of the legal services provided by traditional firms. Foundations of the law firm model such as bespoke client services, "billable" hours, large staffs (e.g., paralegals and secretaries), high associate-to-partner ratios and summer associate programs are becoming (or have already become) relics of a bygone era. Sophisticated clients today are utilizing a wide range of internal and external service providers and technologies such as artificial intelligence for their legal work. The diversity of how legal services are delivered and priced to clients is rapidly increasing. This rapid increase is dramatically altering the supply and demand side of the legal economy and is altering the types of skills and prerequisites required for attorneys to be successful private practice. The course is composed of two parts. In part one, the technological, economic and business practices transforming the legal profession are identified and their impact on the traditional approaches to private practice law firms will be examined. In part two, the course focuses on how individual lawyers can adapt to or embrace the forces transforming law to improve their practice and succeed in the new environment. Part two of the course will additionally focus on how specific skills such as project management, social networking and information management will be crucial to a successful legal career. Part two of the course will also discuss how the changing legal environment creates new ethical and professional challenges for attorneys. Elements used in grading: Attendance, class participation and a research paper for the written assignment.
Last offered: Winter 2019
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