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391 - 400 of 461 results for: LAW

LAW 7084: The First Amendment: Freedom of Speech and Press

Introduction to the constitutional protections for freedom of speech, press, and expressive association. All the major Supreme Court cases dealing with issues such as incitement, libel, hate speech, obscenity, commercial speech, and campaign finance. There are no prerequisites, but a basic understanding of American government would be useful. This course is crosslisted in the university and undergraduates are eligible to take it. Elements used in grading: Law students will be evaluated based on class participation and a final exam. Non-law students will be evaluated on class participation, a midterm and final exam, and nonlaw students will participate in a moot court on a hypothetical case. Non-law students will also have an additional one hour discussion section each week led by a teaching assistant. Cross-listed with Communication ( COMM 151, COMM 251) and Political Science ( POLISCI 125P).
Terms: Win | Units: 3
Instructors: Persily, N. (PI)

LAW 7085: The U.S. and the Use of Force

This course examines legal issues involved in the formulation and implementation of U.S. policy and actions with respect to the use of armed force, with emphasis on recent and current conflict situations. It will explore these issues from the point of view of international legal norms and obligations, U.S. law and practice, and the policies and actions of recent U.S. Administrations. Among the areas that will be explored are the following: (1) law and practice relating to the resort to armed force; (2) limits on means and methods of warfare; (3) the treatment of detainees; (4) the treatment of the civilian population; and (5) the punishment of international crimes. Elements used in grading. Grades will be based on a paper exploring these issues in the context of a specific current conflict or situation (75%), and class participation (25%).
Last offered: Autumn 2018

LAW 7086: Transitional Justice

The political, social, and legal problems confronting societies after periods of mass human rights violations or war have attracted increasing attention from policymakers and scholars in the last three decades. This course will examine the legacies of atrocities and the institutions and processes that governments and citizens most often use to address them, comparing approaches from across the globe. South Africa's Truth and Reconciliation Commission; the prosecution of Chile's former dictator, Augusto Pinochet; Argentina's reparations to victims of its military regime; and the International Criminal Court are among the best-known policy responses to those problems. In addition, non-legal interventions---such as the Berlin Holocaust Memorial and Nelson Mandela's many symbolic gestures toward reconciliation with white South Africans---may have important social and political effects. In addition to initiatives at the national and international levels, we will devote some attention to tra more »
The political, social, and legal problems confronting societies after periods of mass human rights violations or war have attracted increasing attention from policymakers and scholars in the last three decades. This course will examine the legacies of atrocities and the institutions and processes that governments and citizens most often use to address them, comparing approaches from across the globe. South Africa's Truth and Reconciliation Commission; the prosecution of Chile's former dictator, Augusto Pinochet; Argentina's reparations to victims of its military regime; and the International Criminal Court are among the best-known policy responses to those problems. In addition, non-legal interventions---such as the Berlin Holocaust Memorial and Nelson Mandela's many symbolic gestures toward reconciliation with white South Africans---may have important social and political effects. In addition to initiatives at the national and international levels, we will devote some attention to transitional justice at the local level. A recurring theme throughout the course will be the connections between atrocities and transitional justice measures intended to address them, on the one hand, and economic justice and development, on the other. 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 enrolled in 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, Written Assignments; Final Exam or Final Paper.
Last offered: Spring 2019

LAW 7088: Defining Discrimination

Federal, state and local laws prohibit discrimination based on many grounds such as race, sex, religion, national origin and disability. But the operative term, "discrimination," is typically quite vaguely defined in statutory language. As a consequence, courts and legal analysts have developed a number of theories of discrimination. These theories can be inconsistent with each other and with popular definitions of discrimination; for instance, some laws forbidding "discrimination" forbid differential treatment, some permit it under limited circumstances and some require it. Discrimination may or not require a specific mental state ("discriminatory intent") or specific consequences ("discriminatory effect" or "disparate impact"). Arguably, "discrimination" is, in practice, as much a question of values and norms as it is a matter of fact. This class will explore the concept of discrimination in case law, philosophy and legal theory. Special Instructions: Grades will be based on attendan more »
Federal, state and local laws prohibit discrimination based on many grounds such as race, sex, religion, national origin and disability. But the operative term, "discrimination," is typically quite vaguely defined in statutory language. As a consequence, courts and legal analysts have developed a number of theories of discrimination. These theories can be inconsistent with each other and with popular definitions of discrimination; for instance, some laws forbidding "discrimination" forbid differential treatment, some permit it under limited circumstances and some require it. Discrimination may or not require a specific mental state ("discriminatory intent") or specific consequences ("discriminatory effect" or "disparate impact"). Arguably, "discrimination" is, in practice, as much a question of values and norms as it is a matter of fact. This class will explore the concept of discrimination in case law, philosophy and legal theory. Special Instructions: Grades will be based on attendance, class participation and (1) short reflection essays on the readings and a short research paper or (2) a long research paper with consent of the 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: Attendance, 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: Autumn 2018

LAW 7089: Originalism and the American Constitution: History and Interpretation

Except for the Bible no text has been the subject of as much modern interpretive scrutiny as the United States Constitution. This course explores both the historical dimensions of its creation as well as the meaning such knowledge should bring to bear on its subsequent interpretation. In light of the modern obsession with the document's "original meaning," this course will explore the intersections of history, law, and textual meaning to probe what an "original" interpretation of the Constitution looks like. Elements used in grading: Class Participation, Response Papers, Research Paper. Cross-listed with History ( HISTORY 252/352).
Last offered: Autumn 2018

LAW 7090: Race and International Law

This mini-course is an introduction to thinking about race as method for the study of international law. If the international legal order is primarily structured around the categories of nation and state, the notion of race continues to haunt it in important and often unacknowledged ways. The course will explore the tension between (a) race as a social phenomenon that is transnational if not global in scope and (b) the construction of race in contemporary international law, where it is often treated as a domestic matter of non-discrimination norms in human rights law. The course will also examine the present-day legacies of international legal norms and institutions connected to slavery and formal colonialism. Materials will be drawn from contemporary UN human rights mechanisms, state practice and case law, and legal claims by anti-colonial/racial justice movements. This class will meet the first five weeks of the quarter (September 25 to October 23). Elements used in grading: Class evaluation will be based on attendance, participation, and short reflection papers before the five class sessions.
Last offered: Autumn 2018

LAW 7091: Gender, Sexuality and Reproduction

This mini-course revisits the core elements that have traditionally defined family law: gender, sexuality and reproduction. Historically, family law had two main functions. It created a framework for bearing and raising children, and organized the children's parents' coupledom. Gender, sexuality and reproduction were closely interwoven and subject to certain expectations. Sex was only allowed in the context of marriage, which formed the gateway to reproduction. Children born outside of wedlock had inferior rights. Women were placed under their husband's control to ensure their sexual fidelity. From the 1960's on, societal changes shook the traditional conception of the family to its foundations. Women gained economic independence and started challenging their traditional role in the family. Birth control cut the ties between sexuality and reproduction. The position of marriage as the sole seat of both coupledom and childbearing started to erode. The disconnection of gender, sexuality a more »
This mini-course revisits the core elements that have traditionally defined family law: gender, sexuality and reproduction. Historically, family law had two main functions. It created a framework for bearing and raising children, and organized the children's parents' coupledom. Gender, sexuality and reproduction were closely interwoven and subject to certain expectations. Sex was only allowed in the context of marriage, which formed the gateway to reproduction. Children born outside of wedlock had inferior rights. Women were placed under their husband's control to ensure their sexual fidelity. From the 1960's on, societal changes shook the traditional conception of the family to its foundations. Women gained economic independence and started challenging their traditional role in the family. Birth control cut the ties between sexuality and reproduction. The position of marriage as the sole seat of both coupledom and childbearing started to erode. The disconnection of gender, sexuality and reproduction opened family law up to new questions. Why should marriage only be possible between a man and a woman? Can children have more than two legal parents? What is the extent of the reproductive rights of women and men? Is marriage still a relevant legal concept? These and other questions are tackled from a comparative law angle, comparing the approach in the United States and other Western jurisdictions. Students are asked to reflect on the various responses to contemporary family law issues across the Western world. The focus is on general tendencies, not on technicalities. Grades will be based on regular attendance, active class participation and one short response paper.
Terms: Win | Units: 1
Instructors: Goossens, E. (PI)

LAW 7092: Suffering (Reading Group)

The law is in large part about suffering. As lawyers, we recognize suffering [or we do not], we articulate what suffering means [or does not], and we measure remedies for suffering [or we do not]. Despite the central import of suffering to the law, suffering is elusive. This reading group will explore different treatments of suffering in music, fiction, law review articles, blog posts, and other media and discuss how to apply the insights of artists, theorists, lawyers, and novelists to our understanding of legal suffering. Class meeting dates: The class will meet five Tuesdays from 6:30PM-8:30PM on January 15, 22, and February 5, 19, & 26. Elements used in grading: Attendance, Class Participation. 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).
Last offered: Winter 2019

LAW 7093: Legal Lags: Regulatory Challenges Posed by Social, Economic & Technological Change (Reading Group)

This Reading Group will explore the legal and regulatory challenges posed by fast-moving social, economic and technological developments. Examples include privacy regulation in the age of Facebook; transportation safety in the era of autonomous vehicles and drones; energy regulation in the context of climate change and financial regulation in a time of blockchain. Members of the reading group will be asked to share in the preparation and present of discussion materials. Reading group meets five Thursdays. Precise meeting dates TBD by instructor. Elements used in grading: Attendance, Class Participation.
Last offered: Spring 2019

LAW 7094: Tribal Law

A survey of the laws that tribes enact to govern themselves. It considers issues ranging from governance (elections, justice systems, and tribal constitutions), to conflicts between individuals (contracts, property, domestic relations, torts), to regulation of a tribal community's economy. This class will meet 7:15PM to 9:15PM on Tuesday, May 7, Wednesday, May 8, Thursday, May 9, Tuesday, May 14, and Wednesday, May 15. Elements used in grading: Participation, Written Assignments.
Last offered: Spring 2019
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