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351 - 360 of 461 results for: LAW

LAW 7037: Poverty Law: Policy and Practice

(Formerly Law 614) This survey course will cover historical and contemporary policy debates about poverty in the U.S. Topics will include the constitutional treatment of poverty, as well as the legal and policy treatment of questions of access to specific social goods, such as housing, health care, education, and legal services. We will also discuss "hot topics" in the field, such as criminalization of poverty, international perspectives on poverty, wage theft, and recent policy analyses at the 20th anniversary of welfare reform. Materials will include practice-derived materials as well as scholarly treatment of the issues. Students with a range of backgrounds and perspectives on the issues are encouraged to enroll. While a survey class, lecturing will be minimal, with student leadership of and participation in discussion will be principal methodology. Elements used in grading: Attendance, Class Participation, Written Assignments, Final Exam.
Last offered: Autumn 2016

LAW 7038: Remedies

(Formerly Law 393) The remedy is arguably the most important part of any lawsuit, and often the most neglected. This course considers the question of what plaintiffs are entitled to when they win a case and why. It will cover damages, punitive damages, restitution, unjust enrichment, and injunctive relief. While we will consider public remedies in constitutional cases, the majority of the course will focus on remedies in private law civil actions. Elements used in grading: Class participation and final exam.
Last offered: Autumn 2017

LAW 7039: Reproductive Justice

(Formerly Law 490) This seminar explores Reproductive Justice ("RJ") as a paradigm for understanding reproductive oppression -- that is, the subordination of individuals through their bodies, sexualities, and abilities to reproduce. The RJ paradigm picks up where a reproductive rights framework ends. It contends that the fight for equality and dignity in matters relating to reproduction continues beyond a successful argument that the Constitution ought to protect a "right" to privacy, "right" to access contraception, or "right" to an abortion. An RJ framework observes that "rights" are given meaning -- and lose meaning -- according to the race, class, age, sexual orientation, gender identity, immigration status, and physical and mental ability (among other attributes) of the rights bearer. As such, RJ analyzes reproductive experiences within a complex context and with respect to the multiple statuses of the persons involved. This seminar will explore RJ as it speaks to assisted reproductive technologies, health care policy, immigration, incarceration, environmental justice, and economic inequality, among other topics. Elements used in grading: Attendance, Class Participation, Written Assignments, Final Paper. This class meets during the first two weeks of Winter Quarter.
Last offered: Winter 2017

LAW 7040: Social Justice Impact Litigation: Issues and Strategies

(Formerly Law 572) This seminar explores strategic, legal, and ethical issues related to using law reform and social justice litigation to advance the constitutional and civil rights of vulnerable communities. The seminar is designed to allow students to understand and grapple with some of the doctrinal and strategic issues faced by social justice litigators. The course will be informed by the instructor's thirty years of litigating cases, including in the Supreme Court, to advance immigrants' rights as the founder and former national director of the ACLU Immigrants' Rights Project. Among the topics that may be included are selecting and using test cases; identifying plaintiffs; coalition litigation; strategic pleading; class action problems; the role of amicus briefs; suits for damages versus injunctive relief; standing and mootness; ethical problems; settlement strategies; use of public advocacy and media; the effect of lawsuits on policymakers and public officials; the role of gove more »
(Formerly Law 572) This seminar explores strategic, legal, and ethical issues related to using law reform and social justice litigation to advance the constitutional and civil rights of vulnerable communities. The seminar is designed to allow students to understand and grapple with some of the doctrinal and strategic issues faced by social justice litigators. The course will be informed by the instructor's thirty years of litigating cases, including in the Supreme Court, to advance immigrants' rights as the founder and former national director of the ACLU Immigrants' Rights Project. Among the topics that may be included are selecting and using test cases; identifying plaintiffs; coalition litigation; strategic pleading; class action problems; the role of amicus briefs; suits for damages versus injunctive relief; standing and mootness; ethical problems; settlement strategies; use of public advocacy and media; the effect of lawsuits on policymakers and public officials; the role of government and agency lawyers; and litigation to achieve legislative change. Guest speakers will be invited. Enrollment is limited and the seminar is not open to 1L students. Students are expected to submit a series of reflections (totaling 18 pages) in response to seminar issues and guest speakers. In unusual cases, a student may be approved for Research (R) credit to write a substantial research paper on an approved topic of current significance. R credit is available only with the instructor's prior consent early in the quarter. Students approved for R credit will transfer from section (01) into section (02) after the term begins. Elements used in grading: Class participation (50%) and written submissions (50%). CONSENT APPLICATION: To apply for this course, students are asked to 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: Spring 2018

LAW 7041: Statutory Interpretation

Statutory law is the dominant source of contemporary law, and it is the form of law that lawyers are likely to confront most often in almost any area of practice. It is also an area of vibrant intellectual debate, as scholars, Supreme Court justices, and others debate the methods and aims of statutory interpretation. This course will stress both the practical and theoretical dimensions of interpretation. Students will learn and apply the methods of statutory interpretation. We will also spend considerable time on contemporary controversies, such as debates about textualist, purposive and dynamic interpretation; about the use of legislative history and canons of construction; about the special interpretive problems that arise in the context of direct democracy; and about the democratic and constitutional foundations of statutory interpretation itself. Readings will draw from political science as well as law. Elements used in grading: Class participation and final exam.
Terms: Aut | Units: 3
Instructors: Schacter, J. (PI)

LAW 7042: Sexual Orientation, Gender Identity and the Law

This seminar will focus on how the law regulates sexuality. We will approach the material as an exercise in advanced constitutional law, exploring how courts have used--or might use--federal or state constitutional provisions to address issues regarding a wide array of issues involving sexuality. The core of the class will relate to contemporary controversies concerning sexual orientation and gender identity (including, for example, how sexual orientation and gender identity are defined, regulation of sexual conduct, marriage and parenting rights of same-sex couples, and religious liberty debates, among others). But we will also discuss other issues, including polygamy/polyamory and asexuality. We will maintain an interdisciplinary focus throughout as we consider how social, cultural, and political forces shape, and are shaped by, legal doctrine. All students taking the seminar for 2 units will either write a final research paper of approximately 18 pages (for R credit) or a take a fin more »
This seminar will focus on how the law regulates sexuality. We will approach the material as an exercise in advanced constitutional law, exploring how courts have used--or might use--federal or state constitutional provisions to address issues regarding a wide array of issues involving sexuality. The core of the class will relate to contemporary controversies concerning sexual orientation and gender identity (including, for example, how sexual orientation and gender identity are defined, regulation of sexual conduct, marriage and parenting rights of same-sex couples, and religious liberty debates, among others). But we will also discuss other issues, including polygamy/polyamory and asexuality. We will maintain an interdisciplinary focus throughout as we consider how social, cultural, and political forces shape, and are shaped by, legal doctrine. All students taking the seminar for 2 units will either write a final research paper of approximately 18 pages (for R credit) or a take a final exam. Students who wish to write a longer R paper (approx. 26 pages) may enroll in the seminar for 3 units. 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. Elements used in grading: Class participation; and paper or exam.
Terms: Aut | Units: 2-3
Instructors: Schacter, J. (PI)

LAW 7043: Strategic Litigation for Racial Justice

(Formerly Law 715B) Recent events in our country have dramatically highlighted the fact that we are not a post-racial society, and that structural racism and implicit bias are as harmful to people and institutions as intentional discrimination. Currently, plaintiffs can only show a violation of the Equal Protection Clause of the 14th Amendment - and several other antidiscrimination laws - by proving intentional discrimination. This seminar will examine this "intent standard" and its significant barriers to racial justice litigation. The course will review social science research, including studies on implicit bias, racial anxiety, stereotyping, and other concepts, to explore how contemporary discrimination manifests. We will address how legal advocates and the law can utilize such research to challenge and remedy discrimination through strategic litigation. We will examine real-world examples of this, including in the context of school discipline and the school-to-prison pipeline. Meeting dates: This class will meet on three Fridays, October 21, October 28 and November 4. Students must attend all three classes. Early drop deadline: Students may not drop this course after the first class. Elements used in grading: Written assignments (reflection papers) and class participation.
Last offered: Autumn 2016

LAW 7044: Supreme Court Simulation Seminar

(Formerly Law 606) This seminar provides students with the opportunity to analyze, argue, hear oral arguments and draft opinions in cases that are currently pending before the Supreme Court of the United States. Professor Lawrence Marshall will serve as the instructor in the seminar, and several of the Law School's esteemed group of Supreme Court litigators are expected to participate in one or more of the sessions. The 18 students in the seminar will be divided into two courts. During each sitting, one of the courts will hear arguments in a case currently pending before the Supreme Court, while two of the students from the court not sitting that week will present oral arguments. The cases chosen will provide a mix of constitutional and statutory issues, as well as a mix between criminal and civil cases. Each student will be assigned the role of a particular Justice for the entire quarter. Each student's task while sitting on cases is to do his or her best to understand that particula more »
(Formerly Law 606) This seminar provides students with the opportunity to analyze, argue, hear oral arguments and draft opinions in cases that are currently pending before the Supreme Court of the United States. Professor Lawrence Marshall will serve as the instructor in the seminar, and several of the Law School's esteemed group of Supreme Court litigators are expected to participate in one or more of the sessions. The 18 students in the seminar will be divided into two courts. During each sitting, one of the courts will hear arguments in a case currently pending before the Supreme Court, while two of the students from the court not sitting that week will present oral arguments. The cases chosen will provide a mix of constitutional and statutory issues, as well as a mix between criminal and civil cases. Each student will be assigned the role of a particular Justice for the entire quarter. Each student's task while sitting on cases is to do his or her best to understand that particular justice, based on that justice's prior opinions and judicial philosophy. In this sense, the seminar is also intended to help promote insight into the role of judicial personality and philosophy within the decisional process. The weekly seminars will proceed as follows: In preparation for each week's session, all students (whether they are the two students arguing that week, the nine students judging that week, or the seven students observing that week) will read the lower courts' decisions, the briefs (the party briefs and selected amicus briefs) and the major precedents implicated. During the first portion of each week's session (approximately one hour), two of the students (who are members of the Court that is not sitting that week) will present oral arguments to the nine "justices" sitting that week. The arguments will be based on the briefs that were actually filed in the case. During the second segment of each week's session (approximately 45 minutes), the "justices" who are sitting that week will "conference" the case while the other non-sitting students, students who argued, instructors and guests will observe. Again, each student will be in the role of a particular justice. At the end of the "conference," the opinion-writing will be assigned to one "justice" in the majority and one "justice" in the dissent. During the final portion of each session (approximately one hour), the instructors, guests and students will engage in a broad discussion of what they just observed. This may include analysis of the briefing, discussion about the oral argument, reflections on the "conference," and, more generally, a discussion about the case and its significance. After each class, the student assigned to draft the majority opinion will have two weeks to circulate a draft to the "Court." The student writing the dissent will then have two weeks to circulate his or her opinion. The other sitting "justices" can join one of these opinions, request some changes as a condition of joining, or decide to write separately. Over the course of the Quarter, then, each student will argue one case, sit on four or five cases, and draft at least one opinion. Special instructions: 1. Because this is a simulation with assigned roles, students who are accepted into the seminar may not drop without permission of the instructor. 2. Because of the nature of the writing projects (with extensive interaction with other students), the normal deadline for Winter Quarter papers is waived and final papers must be submitted by the Spring Quarter deadline. Elements used in grading: Students will be graded based on the quality of their participation as justices, their oral argument, and their written opinions.
Last offered: Winter 2019 | Repeatable for credit

LAW 7045: The Article III Judge

(Formerly Law 278) The contemporary debate over the proper role of a federal judge under the Constitution turns, in large measure, on what it is we think an Article III judge is doing when she is called upon to resolve a "case or controversy." Is she looking for the fair result? If so, by whose lights? Is she a political actor, or is she instead looking for a rule of decision that has been previously established by law (a "mere translator" of the law, in Justice Frankfurter's words). If so, by natural law or positive law? These are some of the questions we will consider in discussing what role a federal judge plays when she exercises "the judicial Power of the United States" conferred by Article III of the Constitution. Readings will include books and articles by some of the leading legal thinkers in the nation's history. Special Instructions: This class will meet the first three weeks of the quarter only. Elements used in grading: Class attendance and participation, reading the assigned material, and a 10-15 page paper that uses the readings to analyze a significant judicial opinion. Special Instructions: This class will meet the first three weeks of the quarter only.
Last offered: Winter 2017

LAW 7046: The Welfare State

(Formerly Law 765) Much has been written in recent years about the decline of the welfare state. Numerous adjectives have been applied to describe a trend toward austerity -- death, demise, withering, reversal. One writer suggested that the welfare state had not died, it had merely "moved to Asia" along with industrialization. This seminar introduces students to the key literature, questions, and debates about the modern welfare state. We will consider the emergence, growth, and current status of the welfare state, primarily in Western Europe and North America. The course will examine classical theories about markets and the emergence of social provision. We will also consider the leading theoretical and empirical research addressing the emergence of the welfare state, looking at the American case in comparative perspective. Attention will be paid to social and political factors on state development including political parties, labor markets, gender, demographic change, and immigratio more »
(Formerly Law 765) Much has been written in recent years about the decline of the welfare state. Numerous adjectives have been applied to describe a trend toward austerity -- death, demise, withering, reversal. One writer suggested that the welfare state had not died, it had merely "moved to Asia" along with industrialization. This seminar introduces students to the key literature, questions, and debates about the modern welfare state. We will consider the emergence, growth, and current status of the welfare state, primarily in Western Europe and North America. The course will examine classical theories about markets and the emergence of social provision. We will also consider the leading theoretical and empirical research addressing the emergence of the welfare state, looking at the American case in comparative perspective. Attention will be paid to social and political factors on state development including political parties, labor markets, gender, demographic change, and immigration. We will then turn to the trend toward austerity and retrenchment, and the effect of globalization for the future of the welfare state. Course Requirements. Participation/Discussion (25%). Students are responsible to complete all readings and to come to class prepared to actively participate in discussion. Each student is responsible to lead a portion of the discussion twice per quarter. Short Reaction Papers (25%). All students must complete 5 reaction papers related to the weekly readings of 2 to 3 pages in length. Reaction papers will include a list of questions to be addressed in that week's discussion. All reaction papers must be posted to coursework in advance of class so that the student(s) leading that week's discussion can incorporate the questions into that week's discussion. Final Options (50%). Students have the option of completing one final paper of 20 pages in length OR 4 essays of 5 -6 pages each addressing the readings in weeks that the student did NOT complete reaction papers. Topics for 20 page papers must be approved by me in advance, and may be related to a student's dissertation or master's research or may be a stand-alone topic. Papers may take the form of a research proposal and need not contain original empirical research. Shorter papers should engage thoroughly with the literature on the selected topic, and should bring additional sources other than those read for class to bear on the topic of choice. 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. 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. Cross-listed with Sociology ( SOC 254 & SOC 354).
Last offered: Winter 2019
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