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361 - 370 of 464 results for: LAW

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

LAW 7047: Rethinking Campus and School Title IX Policies and Procedures

I apologize in advance for the fact that there are no paragraph breaks in this description. It is not my fault. Please contact me directly if you have questions about the class and I will email you a more readable description. Thanks, MLD. Seminar with Concurrent Policy Lab: Rethinking Campus and School Title IX Policies and Procedures. Policy Lab Client: National Women's Law Center: Over the past six years, the issue of campus sexual assault has exploded into the public discourse. While definitive figures are difficult to obtain due to the necessarily private nature of these events, several recent studies estimate that between 20-25% of college women (and a similar proportion of students identifying as transgender and gender-nonconforming, as well as around 5-10% of male students) experience sexual assault. Survivors have come forward across the country with harrowing stories of assault followed by an insensitive or indifferent response from college administrators, launching one of th more »
I apologize in advance for the fact that there are no paragraph breaks in this description. It is not my fault. Please contact me directly if you have questions about the class and I will email you a more readable description. Thanks, MLD. Seminar with Concurrent Policy Lab: Rethinking Campus and School Title IX Policies and Procedures. Policy Lab Client: National Women's Law Center: Over the past six years, the issue of campus sexual assault has exploded into the public discourse. While definitive figures are difficult to obtain due to the necessarily private nature of these events, several recent studies estimate that between 20-25% of college women (and a similar proportion of students identifying as transgender and gender-nonconforming, as well as around 5-10% of male students) experience sexual assault. Survivors have come forward across the country with harrowing stories of assault followed by an insensitive or indifferent response from college administrators, launching one of the most successful, and surprising, social movements in recent memory. Statistics are equally disturbing in the middle and high school context. As a result, the federal government under President Obama stepped up its civil rights enforcement in this area, with over 250 colleges and universities currently under investigation for allegedly mishandling student sexual assault complaints. At the same time, students accused of sexual assault have complained of botched processes driven by a "campus rape over-correction" that denied them a fair disciplinary hearing. It is clear that schools are struggling to develop and implement policies and procedures that satisfy their legal obligations in this area. While the future of federal enforcement under the Trump Administration is uncertain, schools are still subject to federal and state law that require them have policies and procedures to address sexual harassment and violence. This course focuses on the legal and policy issues surrounding the highly challenging area of investigation and adjudication of sexual assault and other gender-motivated violence on college campuses and in K12 schools. It will cover the federal and state legal frameworks governing these procedures including Title IX, the Violence Against Women Act, and the Clery Act, and examine current cases as well as the rapidly-evolving legal, federal regulatory, and political environment surrounding this issue. Guest speakers working in the area will help to broaden the class's understanding of the subject matter. Students in this seminar will have the opportunity to participate in the invitation-only national conference entitled The Way Forward: Title IX Advocacy in the Trump Era, which will be held May 1-2 at Stanford Law School and is organized in conjunction with the National Women's Law Center. See [ http://conferences.law.stanford.edu/thewayforward-title9/] for more information on the conference. Concurrent Seminar and Policy Lab: The seminar is taught concurrently with the Policy Lab (also entitled "Rethinking Campus and School Title IX Policies and Procedures"). All students registered for the seminar participate in the Policy Lab, which works with the National Women's Law Center toward the development of a set of evidence-based and legally compliant model policies and procedures. Given all the controversy, surprisingly little is actually known about the policies and processes that are currently in use, nor is there any way of easily ascertaining what the majority of an institution's "peer schools" are doing with respect to solving a challenge or addressing an issue. There is no set of "best practices" to which school administrators can easily turn. Students will analyze cutting-edge issues related to school-based gender-motivated violence and work on a white paper for the NWLC that includes both legal and empirical research into the policies and procedures currently in use around the country. Throughout the class, students will have the opportunity to reflect on what they are learning and how it applies in a professional context. The eventual goal of this Policy Lab is the development in conjunction with NWLC of a free, web-based, open-source set of adaptable model policies and procedures that are targeted for different market segments (i.e., large private, large public, small private, HBCU, community colleges, and k12). Course Schedule and Optional Travel: The first three weeks of the class there will be two meetings per week, on Tuesday and Thursday from 4:15 to 6:15. Students will meet with Fatima Goss Graves, Senior Vice President for Program at the NWLC during week 2 to hear her expectations regarding the project and ask questions. During weeks 4-6 the class will meet once per week, on Thursday from 4:15-7:15 and small groups will work on their assigned sections of the project. On Thursday, May 4 (week 5), the class will meet with special guest Catherine Lhamon, former Assistant Secretary of Education for Civil Rights and have the opportunity to discuss the project with her and receive her feedback. During Week 7, the class will take an optional trip to Washington DC to present the completed project to the staff of the NWLC on Friday May 19. The class will be housed at Stanford in Washington from Thursday May 18, and will attend a hearing of the U.S. Civil Rights Commission in the morning of May 19 and then present their project in the afternoon. Travel expenses (other than incidentals) are provided. On Saturday, May 20 we will have the option to meet with other policy makers and activists as well as sightsee (including an attempted visit to the National Museum of African American History). We will return to Stanford on Sunday May 21. There will be no class during week 8. Enrollment, Assignments, and Evaluation; The Seminar and concurrent policy lab are both open to law students, graduate students, and advanced undergraduates. The seminar has two sections. Section 1 is a 2-hour seminar and students enrolling in Section 1 must also enroll in the Law 805R Policy Lab (1-hour). Section 2 is a 3-hour seminar, and students may enroll in that Section without concurrent enrollment in the Policy Lab. Regardless of the section of enrollment, all students will do the same assignments and be evaluated on the same criteria. All students will complete written work equivalent to a 26 page research paper. Law students will receive "R" credit for the seminar. Elements used in grading: Performance, Class Participation, Written Assignments, Final Paper. 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: Spring 2017

LAW 7048: Legislation

(Formerly Law 319) Lawyers work in a legal system largely defined by statutes, and constantly shaped by the application of legislative power. This course is about statutes and the legislative institutions that create them. It discusses some of the key laws governing access to legislative power and the procedures that culminate in the production of statutes in the legislature. The course is divided into two parts. The first part will focus on the acquisition of legislative power. Key topics include bribery laws, lobbying and indirect influence on legislative activity, and campaign finance regulations. The second part will focus on the exercise of legislative power. Through a number of public policy case studies, students will better understand the organization of the U.S. Congress, the ways in which power is exercised in that institution, and the intersection between politics, the law, and policymaking. Elements used in grading: Class participation, final memo, and in-class presentation. (Cross-listed with PUBLPOL 319)
Last offered: Winter 2018

LAW 7049: Advanced Torts: Law and Practice

Most of civil litigation is in tort. As society changes, this dynamism is reflected in the progression and regression of tort law. Taught by an experienced practitioner, this course will explore contemporary developments in the law of medical malpractice, product liability, mass torts, harms to reputation and dignity and other civil wrongs. We will consider a range of remedies including compensatory and punitive damages as well as their constriction through tort limitations. Knowledge of these substantive rights and remedies has greatest value if the arc and texture of suit is understood. So we'll also learn about insurance, negotiation, settlement and alternatives to trial. And we'll set all this in the broader context of how an attorney can guide a plaintiff or defendant to an appropriate economic and/or noneconomic remedy. Elements used in grading: Class attendance is mandatory and class participation is encouraged and valued. There will be a final exam.
Last offered: Winter 2017

LAW 7050: Toxic Harms

(Formerly Law 280) This seminar will examine the concerns arising from exposure to toxic substances from a variety of perspectives. A principal focus will be tort liability, and a central theme in the course will be whether tort law is an effective method of compensating victims of toxic exposure and controlling the distribution and/or emission of toxic substances. In order to assess the efficacy of tort, it is essential to compare the liability system with alternatives such as restructured "public law" litigation, administrative compensation schemes, and regulatory control strategies. Moreover, it seems equally important that these options be grounded in a concrete understanding of the major current problem areas. To accomplish these aims, the course will focus on a number of specific present concerns, including tobacco, asbestos, anti-inflammatory drugs, and workplace emissions exposures. In each instance, we will look at the nature of the public health problem as well as ensuing to more »
(Formerly Law 280) This seminar will examine the concerns arising from exposure to toxic substances from a variety of perspectives. A principal focus will be tort liability, and a central theme in the course will be whether tort law is an effective method of compensating victims of toxic exposure and controlling the distribution and/or emission of toxic substances. In order to assess the efficacy of tort, it is essential to compare the liability system with alternatives such as restructured "public law" litigation, administrative compensation schemes, and regulatory control strategies. Moreover, it seems equally important that these options be grounded in a concrete understanding of the major current problem areas. To accomplish these aims, the course will focus on a number of specific present concerns, including tobacco, asbestos, anti-inflammatory drugs, and workplace emissions exposures. In each instance, we will look at the nature of the public health problem as well as ensuing tort litigation and regulatory activity. In addition to examining these distinctive problem areas, we will look at broader, cross-cutting institutional reform proposals that have received recent attention. Students in Section (01) will write three ten-page writing exercises on topics discussed in class. After the term begins, students accepted into the course can transfer from section (01) into section (02), and have the option to write a final independent research paper for Research credit, with instructor consent. Elements used in grading: Three ten-page writing exercises or final independent research paper. Early drop deadline.
Last offered: Winter 2017

LAW 7051: Local Government Law

This course will examine the source, scope and limits of local government power. It will consider the relationship of local governments to state and federal government and of the relationship of local governments to the individuals and communities within and around them. Specific themes will include the potential of local governments to be responsive democratic communities, the potential of local governments to become isolated or exclusive enclaves, and the effect of local governments on the metropolitan political economy. The course will examine state and federal doctrine that affects local government, political/ social theory and urban planning/ development literature. Students may write papers in lieu of the final exam. Upon instructor consent, students interested in writing should enroll in Law 427-0-02. Students who do not receive a spot in section 02 may enroll in section 01. Elements used in grading: Exam or paper and class participation.
Terms: Aut | Units: 3
Instructors: Ford, R. (PI)

LAW 7054: The 45th President and the Constitution

We will survey a number structural constitutional issues raised during the Trump Presidency, including the role of the judiciary; the scope and limits of unilateral Presidential power; the relationship between state and federal governments; Congressional power to investigate; and the role of the Special Counsel. Among the substantive areas of coverage will be protection of voting rights; partisan gerrymandering; free speech; and religious freedom. Among the specific settings we will consider are the President's first and second immigration orders; the Global Gag Rule; the effort to de-fund Planned Parenthood; the President's acrimonious relationship with the press; conflict of interest issues, including the Emoluments Clauses; the legal status of the Affordable Care Act's mandatory coverage of contraception, including religious objections; the status of gay marriage, including religious exceptions; and the regulation of the mass media and the Internet. Participants in the seminar shoul more »
We will survey a number structural constitutional issues raised during the Trump Presidency, including the role of the judiciary; the scope and limits of unilateral Presidential power; the relationship between state and federal governments; Congressional power to investigate; and the role of the Special Counsel. Among the substantive areas of coverage will be protection of voting rights; partisan gerrymandering; free speech; and religious freedom. Among the specific settings we will consider are the President's first and second immigration orders; the Global Gag Rule; the effort to de-fund Planned Parenthood; the President's acrimonious relationship with the press; conflict of interest issues, including the Emoluments Clauses; the legal status of the Affordable Care Act's mandatory coverage of contraception, including religious objections; the status of gay marriage, including religious exceptions; and the regulation of the mass media and the Internet. Participants in the seminar should have completed (or be enrolled in) the basic Constitutional Law course. After the term begins, a maximum of 20 students accepted into the course can transfer from Section 01 into Section 02 (long research paper option), which meets the R requirement, with consent of the instructor. Elements used in grading: Final paper.
Last offered: Spring 2018

LAW 7055: American Legal History, 1930 - 2000: The New Deal, The Rights Revolution and Conservative Reaction

This course examines major transformations in American law brought about by the momentous social and political movements of the mid- to late 20th Century. Part I deals with the response of Franklin D. Roosevelt's New Deal to the economic catastrophe of the Great Depression. The New Deal resulted in a major expansion -- against the resistance of conservative courts -- in the size and responsibilities of the Federal government to regulate the economy and secure citizens against risks of unemployment, sickness and old age. Part II covers the expansion of the New Deal after World War II to new forms of welfare and regulation (such as Medicare and environmental law) and what we now call the Rights Revolution --movements of subordinated or marginalized groups to claim equal rights (African-Americans, women, the disabled, gays and lesbians) or fair treatment by government (criminal suspects, welfare recipients, mental patients, prisoners). Part III: Both the New Deal and the Rights Revolution more »
This course examines major transformations in American law brought about by the momentous social and political movements of the mid- to late 20th Century. Part I deals with the response of Franklin D. Roosevelt's New Deal to the economic catastrophe of the Great Depression. The New Deal resulted in a major expansion -- against the resistance of conservative courts -- in the size and responsibilities of the Federal government to regulate the economy and secure citizens against risks of unemployment, sickness and old age. Part II covers the expansion of the New Deal after World War II to new forms of welfare and regulation (such as Medicare and environmental law) and what we now call the Rights Revolution --movements of subordinated or marginalized groups to claim equal rights (African-Americans, women, the disabled, gays and lesbians) or fair treatment by government (criminal suspects, welfare recipients, mental patients, prisoners). Part III: Both the New Deal and the Rights Revolution provoked fierce political reactions in which the modern conservative movements arose and came to power. 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; Exam or Final Research Paper. Cross-listed with History ( HISTORY 51G & 151G).
Last offered: Winter 2017
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