Academic Rules
In This Section
ARTICLE I COURSE OF STUDY
1.01. Requirements for the J.D. Degree.
(A) In General. The requirements for the J.D. Degree are:
(1) completion of the prescribed first year courses (see Rule 1.02(A));
(2) residence credit for six semesters (see Rule 1.01(C));
(3) participation in the required moot court program (see Rule 1.01(D));
(4) completion, in the second year, of a course in Professional Responsibility (see rule 1.01 (F));
(5) compleition, before the end of the third year, of a Constitutional Law course;
(6) fulfillment of the Writing Requirement by the end of the fifth semester (see Rule 1.01(E)); and
(7) completion of eighty-five units of credit.
These requirements are normally to be completed within three years.
(B) Units of Credit. Students earn units of credit by satisfactory completion of:
(1) courses and seminars given in the School of Law;
(2) student-initiated educational projects (see Rule 1.03(A));
(3) dissertations (see Rule 1.03(B));
(4) faculty supervised research, writing, or study (see Rule 1.03(C));
(5) work done under other faculties of the University, including work in
concurrent-degree programs (see Rule 1.04); or
(6) work in other law schools (see Rule 1.06).
(C) Residence Credit. Students earn one semester of residence credit for each semester in which they complete an approved program of no fewer than ten units of credit.
(D) Moot Court. Students fulfill the moot court requirement by satisfactory completion of the moot court program given in the second semester of the first year under the supervision of the Moot Court Board and the Legal Writing Instructors.
(E) Writing Requirement. Students fulfill the Writing Requirement by satisfactory completion of a significant piece of written work (or a series of related papers which, taken together, are the equivalent of such work) either in a seminar or as independent work done for credit under the supervision of a member of the faculty. (Please refer to Appendix B for a detailed discussion of the scope and standards of the writing requirement, suggested ways to satisfy the requirement, and other related topics.)
(F) Professional Responsibility. Students fulfill the professional responsibility requirement by satisfactory completion of at least two units of credit in a course in this subject that has been approved by the Dean.
(G) Transfer Students. Students admitted to advanced standing may be allowed credit for up to thirty-one units and two semesters of residence credit for work completed at other law schools. Transfer students who have not completed equivalent training in research and advocacy must complete the required moot court program or its equivalent before graduation. The Dean will determine in each case whether and to what extent courses taken at another law school will be counted toward satisfaction of the program requirements of the School of Law.
1.02 Program Requirements.
(A) First-Year Students. The first-year program is prescribed and includes between thirteen and seventeen units each semester.
(B) Second- and Third-Year Students. Second- and third-year students register each semester for a program of no fewer than ten and no more than fifteen units of credit. In certain cases, the Dean may approve a program of up to seventeen units. Under no circumstances will students be permitted to register for more than seventeen units.
(C) Other Students. The Dean must approve the programs of special students and non-degree candidates. The Chair of the Graduate Study Committee of the School of Law must approve the programs of candidates for the LL.M. or J.S.D.
(D) Changes of Program. Subject to the limitations and requirements of Rule 1.02(A)-(C):
(1) Second- and third-year students may drop a second- or third-year course by no later than the second Wednesday of each semester. After that drop deadline, second- or third-year students who wish to drop a class must do so by petition, which must be approved by the Dean. The instructor's approval is also required if the second- or third-year student seeks to drop a class after the drop deadline. The instructor, with the approval of the Dean, may establish in advance a different deadline to drop.
(2) Second- and third-year students may add a law school course to their programs by no later than the second Friday of each semester. After that add deadline, second- and thrid-year students who wish to add a class must do so by petition, which must be approved by the Dean, and signed by the instructor. [Concerning enrollment in courses in other departments of the University, see Rule 1.04 (A)(1).]
1.03 The Law 295-299 Series.
(A) The 295 Series.
(1) In General. Second- and third-year students may earn credit for student-initiated educational projects including among others, clinical work, work under the supervision of judges or practitioners, student-taught courses, editing for scholarly publications, and work on the Moot Court Board and the McBaine competition. In all cases, credit limitations of Rules 1.03(A)(2) and 1.05 apply and the Dean must approve all petitions for Law 295 credit.
(2) Types of Law 295; Limitations on Credit. The following are the specific types of Law 295 activity in which a student may enroll and the respective limitations on credit. See also Rule 1.05 for further limitations on credit.
(a) Editorial Work on Law Journals, Law 295.1, 295.2. At the beginning of each semester, the editor of each law journal will submit to the Registrar's Office a list of those students who wish to receive credit for law journal work. At the end of each semester the editors will submit to the Registrar's Office the names of those students who have fulfilled the requirements of their respective journals and the units of credit each should receive. A maximum of one unit per semester is allowed and students may receive credit for a maximum of two semesters, for a total maximum of two units.
(b) Advocacy Work, Law 295.3. The Chair of the Moot Court Board and the Directors of the McBaine Competition will follow the procedure in (a) above for submission of names of students who wish to receive credit for work in the McBaine Competition and in other competitions in lawyering skills approved by the Dean. A maximum of three units is allowed.
(c) Student Teaching Work, Law 295.4. The Directors of the Legal Writing and Academic Support Programs, the Chair of the Moot Court Program, and any other faculty member will follow the procedure in (a) above for submission of names of students who wish to receive credit for work as tutors, student instructors, moot court advisors, or teaching assistants. A maximum of six units is allowed.
(d) Practitioner-Supervised Clinical Work, Law 295.6, 295.7. Students may enroll for clinical work of 8 to 40 hours a week in law offices under the supervision of an experienced attorney. The Dean must approve each clinical situation in advance and students must follow the procedures set out by the Dean's Office. Approval forms and information are available in the Registrar's Office.
(e) Judicial Externships, Law 295.8. Students may receive credit for working for a state or federal court judge for 16 to 40 hours per week. The Dean must approve judicial externships in advance and students must follow the procedures set out by the Dean's Office. Approval forms and information are available in the Registrar's Office.
(f) Limitations on Credit for 295.6, 295.7 and 295.8. Work done under subsections (d) and (e) above will earn a maximum of 10 units aggregate, based on a scale of 1 unit for every 4 hours of work per week during a 14-week semester. The 10 units may be taken in a single semester or spread over the four semesters of the second or third years. Students may take no more than five units of work under Law 295.6, 295.7 and 295.8 in either their third or their last semester. See also rule 1.05 below for additional limitations on credit.
(g) Miscellaneous Projects, Law 295.9. From time to time, the Dean may grant credit for various educational projects, including research assistantships.
(3) Restriction on Credit for Paid Work. If a student receives pay for work under the Law 295 series, or as a research assistant for a faculty member, no course credit shall be given. Travel stipends or reimbursement for expenses actually incurred will not be regarded as pay.
(4) Grading. Work in a Law 295 project will be evaluated on a Credit/No Credit basis.
(B) Law 296 (Dissertations). From time to time, faculty members may, with the faculty's consent, organize dissertation programs in particular fields of study to afford a small number of carefully selected third-year students the opportunity to produce a major, original, publishable piece of work under standards comparable to those applicable to a graduate dissertation. Normally, students may be admitted to the program only through a preliminary seminar to be taken in the second semester of their second year. Further details concerning this program are contained in a Memorandum to the Faculty from the Curriculum Policy Committee, dated May 6, 1969, a copy of which is on file in the Dean's Office. See Rule 1.05 below for limitations on credit.
(C) Law 297, 298 and 299. (Faculty-Supervised Research, Writing, and Study). Subject to the limitations of Rule 1.05 below, the Dean may grant permission to a second- or third-year student to earn unit credit in Law 297, 298, or 299. Both the supervising faculty member and the Dean must approve the project, and the amount of such credit.
(1) Law 297. Law 297 consists of individual self-education projects conducted under the active supervision of a member of the faculty. Such a project will usually consist of study of a subject not offered in the School of Law, or not available to the student in a particular year. It may also consist of an in-depth study of part of the material covered in a regular course or a survey study of a course normally offered for a greater number of units.
(2) Law 298. Law 298 consists of group research-and-writing or study projects conducted under the active supervision of a member of the faculty.
(3) Law 299. Law 299 consists of individual research-and-writing projects conducted under the active supervision of a member of the faculty.
(4) Evaluation of Work. Work in Law 297, 298, and 299 will be evaluated on a Credit/No Credit basis, unless the student and the instructor agree in advance and indicate on the appropriate petition that work in a Law 299 project shall be on a graded basis. See Rule 3.01(B)(2) below.
(5) Obligations of Faculty Member. A faculty member should not give credit for work in Law 297, 298, or 299 unless his or her contribution to the student's work has involved a professional commitment of responsibility comparable to that involved in a curricular course for which he or she is responsible.
1.04 Work Under Other Faculties of the University.
(A) Work Other Than In Concurrent-Degree Programs.
(1) Enrollment. Subject to the limitations of Rule 1.05 below, on petition and for good cause shown, a second- or third-year student may, with the prior permission of the Dean, enroll in and receive credit toward the J.D. degree for graduate-level or upper division courses given by other faculties of the University. These courses must be of significant theoretical or professional content such that they will advance the student's legal education and/or career goals. Such courses must be taken on a graded (as opposed to a pass/not pass) basis. Students should submit their petitions to the Dean.
(2) Credit. A student taking such a course will receive such unit credit for it toward the J.D. as the Dean has established in advance. Except with prior permission of the Dean, a grade of at least B or the equivalent will be required as a condition to receiving credit toward the J.D. for such a course.
(3) Maximum Credit Toward J.D. No more than eight units of credit for such courses will be credited toward the J.D.
(4) Reports. Prior to the end of each academic year, the Dean will report to the faculty all courses approved for credit toward the J.D. under Rule 1.04(A) during that year.
[Note: Examples of "law-related" courses are: City and Regional Planning 206 (Planning Institutions and Organizations) and Public Policy 220 (Law and Public Policy).]
(B) Concurrent-Degree Programs. The School of Law has developed concurrent-degree programs with the Asian Studies Program, the Department of City and Regional Planning, the Graduate School of Business Administration, the Graduate School of Public Policy, the Department of Economics, the School of Social Welfare, the School of Information Management and Systems, and the School of Journalism. Under these programs, students may acquire a J.D. and a master's degree in four years. The faculty in the future may authorize other concurrent-degree programs, and comparable concurrent-degree programs involving other law-related disciplines may be worked out with the Dean on an individual basis where appropriate.
Law students who wish to enter an authorized concurrent-degree program may enroll by the end of their first or second year in the School of Law (participating schools or departments may have earlier deadlines). Admission is subject to the prior approval of (1) the other department or school, and (2) the Dean of the School of Law, upon recommendation by the faculty advisor for that program. Students participating in such programs are required to complete the first year of law school as a unit.
Students participating in concurrent degree programs may, at the discretion of the Dean, receive up to ten semester units credit toward J.D. degree requirements; see Rule 1.05 below for other credit limitations. Other schools and departments involved in the program will be expected to grant participating students comparable credit toward their degree requirements.
Note that, unlike the requirements of Rule 1.04(A) above, the units may be counted from any course that satisfies the degree requirements of the other school or department. Students will not normally be awarded the J.D. until they have completed the requirements for the degree in the other school or department.
1.05 Limitations on Credit for the Law 295-299 Series (Rule 1.03) and Work Under Other Faculties of the University (Rule 1.04).
To assure that each student has an adequate program of professional training and that no student has an undue share of the faculty resources available for individual work with students, normally no more than 15 units of credit for work done under Rules 1.03 and 1.04 may be counted toward the 85 units required for the J.D. degree. Note that there are specific limitations of credit for the various Law 295 activities (see Rule 1.03(A)(2)(a-g)), but no specific limitation on credit for the Law 296, 297, 298, or 299 series, except for the 15 unit overall limit.
1.06 Work in Other Law Schools.
Students who wish to take work in another law school toward satisfaction of the J.D. degree requirements must obtain the prior permission of the Dean, which will be given only to second- and third-year students in good standing, and then only for good cause shown. The Dean may limit the number of courses and amount of unit credit to be allowed, and may impose minimum grade requirements and other conditions as a prerequisite to receive credit toward the J.D.1.07 Class Preparation and Attendance.
We expect every student to prepare fully for class and to participate actively in class discussion. For this purpose regular attendance and preparation of assignments are required. In the absence of prior communication of a valid excuse to the instructor, an instructor may exclude a student from a class for which the student is unprepared. An instructor may, by written notice, exclude a student from the final examination on the basis of repeated unexcused absence or unpreparedness that have occurred after the instructor has given the student prior written notice that there may be such an exclusion. In determining the student's grade in the course, the instructor may consider the quality of a student's preparation and of his or her participation in class discussion. See Grading Rules 1(H) below. See also the note to Rule 3.02(A)(1) below, regarding disqualification.
ARTICLE II EXAMINATIONS
2.01 Examinations.
(A) When Held. Written examinations are held at the end of each course, except in seminars or where another procedure for evaluation has been announced.
(B) Attendance. Every student must be present for examination at the regularly scheduled time and place in each course for which he or she is registered, unless previously excused by the Dean. A student who is unable to attend an examination should notify the Dean in person as soon as is practical and present all reasons why attendance is impossible. In cases of medical disability the student must furnish professional documentation, and in all other cases the student must furnish whatever appropriate corroborating evidence of impossibility is available. If the Dean, in consultation with the instructor whenever appropriate, concludes that non-attendance results from circumstances beyond the control of the student, the Dean will provide the student with a timely opportunity to take the examination at a later date.
2.02 Make-up Examinations.
A student who has been excused from taking an examination at the regularly scheduled time must make up the examination in one of the following ways, as determined by the Dean: (1) by taking an examination in the course later than the scheduled time, but ordinarily not later than the last day of the examination period involved; or (2) by taking an Incomplete and completing the requirements of the course pursuant to the provisions of Rule 3.05(A) below.
2.03 The Honor Code.
Examinations are conducted under the Academic Honor Code, attached to this document as Appendix A.
ARTICLE III GRADES; DISQUALIFICATION
3.01 Grade Designations.
(A) In General. Except as provided in Rules 3.01(B) and 3.04 below, students will receive one of the following grades for completed work:
(1) An honors grade, which may be High Honors (HH) or Honors (H).
(2) A Pass grade (P).
(3) A Substandard Pass grade (PC), showing that while credit has been obtained, the work is of low quality.
(4) A failing grade (NC) showing that no credit is earned for the course.
(B) Courses Graded Credit/No Credit. The following courses will be graded Credit/No Credit:
(1) Law 295;
(2) Law 297, 298, and 299, unless the student and the instructor otherwise elect; and
(3) Such other courses as the Dean may designate.
(C) Incomplete.
(1) In general. If a student, with the permission of the instructor, has failed to complete the requirements of a course, including but not limited to a requirement of a final examination, the designation "Incomplete" shall be entered on his or her record.
(2) Moot Court. Satisfactory completion of the required moot court program (see Rule 1.01(D)) shall be determined by the Instructor to whom the student is assigned, and shall be reflected on the student's record by the designation "Completed."
[See also Rule 3.05 "Consequences of a Designation of Incomplete or a Grade of No Credit; Manner of Removal from Record Card."]
3.02 Disqualification.
(A) Bases of Disqualification.
(1) In General. If at any time after completion of two semesters a student has ten units of No Credit grades currently on his or her record, or if at the end of an academic year a student has received cumulative Substandard designations and No Credit grades either for 40% of his or her total grades or for 40% of his or her total units, then the student shall be disqualified. A student who is disqualified can appeal that disqualification to the Disqualification Appeals Committee. If the student convincingly demonstrates that his or her record resulted from circumstances beyond his or her control and that he or she can and probably will do proficient law school work in the future, the Committee may, in its discretion, recommend to the Dean that the student be readmitted and allowed to continue in law school subject to such conditions of probation as the Dean may impose. A first-year student who has received Substandard and No Credit designations for 40% of his or her total grades or units, but who received all the Substandard and No Credit grades in the first semester without receiving any Substandard and No Credit grades in the second semester shall not be disqualified, but may continue in law school subject to conditions of probation as the Dean may impose.
[Note: A demonstration to the Disqualification Appeals Committee will normally have to include a showing by the student that he or she had made a conscientious, diligent effort to take full advantage of his or her educational opportunities. Among the factors that may be considered adverse to this showing are: absence from class; unpreparedness in class; failure to consult with professors as to the student's examination papers; lack of participation in practice exams and in remedial programs recommended by the Dean; and involvement in time-consuming extra-curricular activities. Lack of participation in tutorial programs shall not be taken as adverse to this showing.]
(2) First-year Students. A first-year student who receives Substandard and No Credit designations for 40% of his or her total grades or units after the first semester of law school shall be subject to conditions of probation as the Dean may impose. A first-year student who is not subject to disqualification under Rule 3.02(A)(1), but has received a net total of two Substandard designations and No Credit grades, may continue in law school subject to such conditions of probation as the Dean may impose.
(3) Calculations. In determining the numerator of the percentages referred to in Rule 3.02(A)(1), grades of HH or H will offset Substandard designations; and in determining the denominator, "Credit" grades under Rule 3.01(A) and grades given in non-law school courses will be excluded. Similarly, grades of HH or H will offset substandard designations under Rule 3.02(A)(2).
[See also Rule 3.05(C) concerning the effect of a passing grade upon repeating a course in which the student originally received a No Credit grade.]
(B) Appeal from Disqualification or Terms of Probation. A student may appeal his or her disqualification to the Disqualification Appeals Committee, seeking readmission, or may appeal the terms of probation imposed by the Dean under Rule 3.02(A). The Committee will make a recommendation to the Dean regarding each disqualification appeal and the decision of the Dean shall be final on all appeals.
(1) The Dean will appoint a Disqualification Appeals Committee consisting of three faculty members to serve as a standing committee for processing appeals. To the extent feasible, at least one faculty member of the Committee should have served on the Committee in the preceding year. The Committee will also include a student, who must be at the time of his or her appointment a second-year student in good academic standing. The student will be appointed by the Boalt Hall Students Association, will serve only with the consent of the appealing student, and will participate in hearing appeals in a nonvoting, advisory capacity. Notice of disqualification will include notice of the right of appeals provided herein and of the Committee's composition.
(2) The student whose appeal is being heard may challenge any faculty member of the Committee for cause, any such challenge to be determined by the Dean, and the student will also have one peremptory challenge. The student must file any challenge with the Dean no later than three calendar days after he or she has filed his or her appeal. In the event of a successful challenge for cause or a peremptory challenge, the Dean shall appoint a faculty member or members as necessary to constitute the Committee, for the purpose of hearing that appeal. In addition, if a member of the Committee has given an appealing student a substandard designation or a grade of No Credit, he or she need not participate in the hearing and decision on the appeal, and the student may object to his or her participation in the manner provided above. In either event the Dean will appoint a new member of the Committee for the purpose of hearing that appeal.
(3) On an appeal from the imposition of terms of probation only a limited review for abuse of discretion will be allowed.
(C) Evidence. The Committee may review evidence that includes the student's own presentation, the student's file, and any other relevant submissions, including witnesses when necessary.
(D) Representation. A student has the right to be represented during the disqualification appeal process and during an appeal on the terms of probation.
(E) Written Explanation. Following the hearing the Committee will submit to the Dean a written explanation of its recommendation.
(F) Notification. Following an adverse decision on appeal from disqualification, the student will be notified in writing of the Dean's decision.
3.03 Confidentiality.
Students' grades and files will remain strictly confidential, in that disclosure may not be made to persons outside the University except at the student's direction. The Dean shall regulate disclosure within the law school.
3.04 Reporting of Grades to the Office of Admissions and Records.
In order to comply with Academic Senate Regulation 780, grades other than "Credit" and "No Credit" will continue to be reported to the University Registrar on an ABCDF basis. For this purpose: (i) honors (H and HH) will be reported as A; (ii) pass grades (P) will be reported as B, except that pass grades designated as Substandard will be reported as C and (iii) No Credit grades will be reported as F. In cases falling under Rule 3.01(B) above, "Credit" grades will be reported to the University Registrar as "Satisfactory," and "No Credit" grades will be reported as "Unsatisfactory."
3.05 Consequences of a Designation of Incomplete or a Grade of No Credit.
(A) Incomplete.
(1) Make-up of Incomplete in First-Year Courses. If a student receives an Incomplete in a first-year course required for graduation he or she must make it up before he or she can enter the second year, unless the student obtains the special approval of the Dean; in the latter case, the student must make appropriate arrangements for satisfactory completion of the course during the second year.
(2) Make-up of Incomplete in Second- and Third-Year Courses. A student who receives an Incomplete in a second- or third-year course may make it up only within the period of time prescribed by the instructor, which shall not be longer than three months after the end of the semester, except with special permission of the Dean and the instructor.
(3) Change or Finalization of Designation of Incomplete. If a student who has received a designation of Incomplete completes the course requirements within the prescribed period, the grade achieved in the course shall be entered. (Please note, however, that the designation Incomplete is a permanent entry on the official transcript; the transcript also reflects the completion of the course, the semester when completed, and the grade received.) If the student does not complete the course requirements within the prescribed period, either the grade No Credit will be entered or, in the instructor's discretion, the designation of Incomplete will be made a final and non-removable grade.
(B) No Credit.
(1) First-Year Courses. A student who receives a grade of No Credit in a first-year course required for graduation must repeat the course during his or her second year.
(2) Second- and Third-Year Courses. A student who receives a grade of No Credit in a second- or third-year course may repeat the course if he or she so elects.
(C) Achievement of Passing Grade Upon Repeating Course. If a student who repeats a course pursuant to Rules 3.05(B)(1) or (2) above achieves a passing grade, then: (i) for purposes of that portion of Rule 3.02(A)(1) providing for disqualification if a student has ten units of No Credit grades currently on his or her record, the new grade will be counted instead of the No Credit; but (ii) both the original and the new grade (and associated unit credit) will be counted for purposes of that portion of Rule 3.02(B)(1) providing for disqualification if a student has received cumulative Substandard designations and No Credit grades either for 40% of his or her total grades or 40% of his or her total units.
3.06 Disclosure of Class Rank Information for Limited Purposes.
Information about students' class standing shall be made available solely for the purpose of aiding students applying for judicial clerkships and academic positions.
(A) Information to be Made Available. By October of each year, the Registrar shall determine the grade point average (GPA) of students in the second-year class after two semesters of study, students in the third-year class after four semesters of study, or members of the last graduating class after six semesters of study. By March of each year, the Registrar shall calculate students' GPAs after three semesters of study for students in the second-year class and five semesters of study for students in the third-year class. The Registrar shall calculate GPAs using whatever method is used for determining membership in Order of the Coif.
These GPAs will be used to determine numerical and percentile rankings for the ten students with the highest GPAs in the class. For the remainder of the class, the GPAs will be converted into information about the following percentile rankings: 95th percentile, 90th percentile, 85th percentile, 80th percentile, 70th percentile, 60th percentile, and 50th percentile. The Registrar will provide this information to the Dean and the Dean of Students.
(B) Disclosure to Students. Students who are applying or considering applying for judicial clerkships or academic positions can obtain information about their class standing from the Dean or Students. The ten students with the highest GPAs in the class may choose to receive either their numerical ranking, their percentile ranking, or both. The remainder of the class may find out which percentile band they are in based on the Registrar's calculations as set forth in (A). All students may request that the Dean or Students inform them of their grade point average as calculated by the Registrar's Office. All students can then choose to share any of the information with faculty who are recommending them for a judicial clerkship or academic position.
(C) Faculty Access to Information. Faculty who are recommending a student for a judicial clerkship or an academic position can seek confirmation of that student's class standing from the Dean of Students if and only if the student has consented to the disclosure.
(D) Other Uses Impermissible. The Dean, Dean of Students, faculty, and students shall not disclose information about class standing provided by the Registrar under this section for any professional purpose other than obtaining a judicial clerkship or academic position. A student who reveals this information for any other professional purpose is in violation of the Honor Code.
ARTICLE IV VOLUNTARY WITHDRAWAL AND READMISSION
4.01 Withdrawal.
(A) Between Semesters or Prior to Examination Period. A student enrolled in the School of Law may voluntarily withdraw from the School between semesters, or at any time during a semester up to the beginning of the examination period, by filing with the Dean's Office a Notice of Withdrawal, which should be accompanied by a statement of reasons or circumstances causing the withdrawal.
(B) During Examination Period. After the examination period has begun, a student will be allowed to withdraw only with the prior approval of the Dean.
4.02 Readmission.
(A) Procedures. Former students who wish to re-enter the School of Law should apply for readmission to the Dean's Office, stating the date of withdrawal, and providing a brief statement of activities in the interim, a record of all further studies undertaken, and such other information as may be requested for proper consideration of the application.
(B) Criteria.
(1) A student who withdrew under Rule 4.01(A) while in good standing and having completed at least one full year of study will normally be readmitted if his or her application for readmission is made within a reasonable time after withdrawal. Additional criteria for readmission are available in the Dean's Office.
(2) In other cases, withdrawal will normally prejudice the possibility of readmission, unless the student was in good standing and was forced to withdraw by circumstances beyond his or her control, such as illness.
ARTICLE V APPROVAL OF THE DEAN; SPECIAL EXCEPTIONS
5.01 Requests for Approval or Determination by the Dean.
Where a rule requires approval or determination by the Dean for a certain action, a student who seeks such approval or determination should apply by filing the appropriate form or petition with the Dean. Copies of such forms are available in the Registrar's Office.
5.02 Special Exceptions.
The Dean may grant a special exception from these Academic Rules where the exception is justified by special circumstances, is necessary to avoid serious detriment to the student, and is consistent with sound educational policy. A provision in a rule permitting the Dean to grant defined exceptions shall not be interpreted as prohibiting the Dean from making a different or further exception pursuant to the Rule 5.02.
5.03 Definitions.
As used in these Academic Rules -
(A) "Course." The term "course" shall include seminars, unless otherwise indicated.
(B) "Dean." The term "Dean" includes any associate dean or assistant dean designated by the Dean or the faculty to administer some or all of these Rules.
GRADING RULES AND POLICIES
1. Determination of Grades.
The following rules shall apply to all courses except those graded Credit/No Credit under Rule 3.01(B)above:
(A) First-Year Large Sections. In first-year large sections the top 40% of the class shall be given honors grades; of these, a number equal to 10% of the class shall be High Honors grades. (Fractions of 5/10 or more shall be rounded to the next whole number above, and lesser fractions will be rounded to the next number below.) The remainder of the class shall receive the grades of P, PC or NC.
(B) First-Year Small Sections. In first-year small sections, grades shall be given on the same basis as in large sections, except that one more or fewer honors grade than would otherwise be permissible may be given if the instructor believes that such an adjustment is required in order to be fair, taking into account the size of the class, the reliability of the criteria he or she has employed for grading, the breaks in the distribution of examination scores, and his or her assessment of the student's performance.
[Note: The category of honors grades includes High Honors. Assuming a class of 30 students, the "normal" distribution would be 12 honors grades, of which 3 would be High Honors and 9 Honors. Under law school policy, however, the instructor could give 11-13 honors grades, of which 2-4 could be High Honors and the balance Honors.)
(C) First Year, First Semester Substandard Pass Grades. When a grade of Substandard Pass (PC) is awarded to a student in the first semester of Law School, that grade shall appear on a student's transcript as a regular Pass (P) grade. The student shall be informed of the Substandard pass and the grade shall be counted as a Substandard Pass grade for the purposes of Academic Rule 3.02(A) (1) & (2) above.
(D) Second- and Third-Year Classes. Except as otherwise permitted by the Dean, in second- and third-year classes, either (i) the top 40-45% of the class will be given honors grades, of which a number equal to 10-15% of the class will be High Honors grades; or (ii) if the instructor so elects, the top 40% of the class, plus or minus two students, shall be given honors grades, of which a number equal to 10% of the class, plus or minus two students, shall be given High Honors grades. The remainder of the class shall receive the grades P, PC or NC.
(E) Seminars. In seminars of 24 or fewer students, an instructor may, if student performance warrants, award a greater number of HH or H grades than would be permitted under the above rules. Grades of H or HH, which are grades of distinction, should be given only to students whose class attendance, preparation and participation, in addition to their written work, merit Honors or High Honors recognition. The additional levels of H and HH grades allowed by this rule therefore should operate as a ceiling, not as a norm. The maximum number of such allowable additional grades shall vary with the seminar size as follows:
| Seminar Size | Number of Additional HH or H Grades Allowed |
| 14 or fewer | 4 |
| 15 - 17 | 5 |
| 18 - 20 | 6 |
| 21 - 24 | 7 |
This provision substitutes for, and does not add to, the plus-or-minus-two additional grades permitted under law school policy. For the purpose of this rule, a "seminar" is defined as a class in which papers are required as distinguished from exams and a class in which each student is required to produce a significant written work product, exceeding thirty pages in length (double-spaced) and reflecting substantial analysis and original thought. This rule also applies to a discrete grading group within a class consisting of students who write papers satisfying the writing requirement.
(F) Exceptions. The Dean, upon request of an instructor, may permit variations in the manner for determining grades in second-and third-year classes where, by virtue of special factors, fairness requires that the instructor have greater discretion than would otherwise be permitted.
(G) Graduate Students. Grades to students in the law school graduate program shall not be determined on a percentage basis.
(H) "Class" Defined. For purposes of computing percentages, the term "class" shall not include students in the law school graduate (LL.M. and J.S.D.) program, special status and Harvard Exchange students, non-law school students, or students whose work is designated Incomplete.
(I) Factors Used to Determine Grades. Unless the professor makes an announcement to the contrary by the end of the second week of class, a student's letter grade shall be determined on the basis of performance on final examination in the course (or, in courses requiring, or permitting, a paper in lieu of final examination, performance on such paper). Class performance will be taken into account (1) when such performance is extraordinarily fine or extraordinarily poor, and (2) for the purposes of breaking ties or distinguishing between closely comparable written work; provided, however, that if the instructor determines that unanticipated developments during the course make it desirable to use methods of evaluation different from those provided herein or previously announced, he or she shall provide reasonable advance notice to that effect. Any notice required shall be given either (1) by inclusion in the course description or (2) by posting on the official Student Services/Registrar's Office bulletin board and by oral announcement in class.
2. Tie-breaking.
In first-year large sections the instructor should make his or her best effort to break any ties which would increase or decrease the number of grades in an honors category, and must break such ties if they involve three or more students. However, if a tie involves only two students, and the instructor finds that it is impossible to break the tie on a reasonable basis, he or she may either (a) limit the total of Honors and High Honors to 40% of his or her class, but give one more or one fewer High Honors grade than would otherwise be permissible; or (b) limit the total of High Honors to 10% of his or her class, but give one more or one fewer Honors grade than would otherwise be permissible. All such actions shall be reported to the Dean, so that the faculty can be informed and subsequently determine to what extent this rule may need modification.
[Note: Because of the flexibility built into grading of all classes except first-year large sections, no provision on ties is deemed necessary to such classes.]
3. Comments.
Comments to students on their work are encouraged, and are required in the case of all Substandard Pass and No Credit grades. Instructors should send copies of all comments to the students and copies of Substandard Pass and No Credit grade comments shall be sent to the Registrar's Office for inclusion in the student's confidential file. If the instructor wishes, other grade comments may also be included in the student's file. Comments will not be entered on the student's transcript. See also Academic Rule 3.03 above, relating to the confidentiality of student files.
4. Time for Reporting of Grades by the Instructor.
Instructors must report all grades for the Fall semester not later than five weeks after the end of the Fall semester examination period. Instructors must report all grades for the Spring semester by July 1, except that in the case of third-year students the Dean may designate an earlier date to comply with requirements of the Bar. Any instructor who cannot meet these deadlines must have the prior approval of the Dean, which shall be granted only for good cause shown.
APPENDIX A
UNIVERSITY OF CALIFORNIA, BERKELEY SCHOOL OF LAW (BOALT HALL) ACADEMIC HONOR CODE
The Honor Code is a tradition at Boalt Hall. Men and women who are preparing to enter the legal profession are expected to exhibit the same qualities of honesty, responsibility, and respect for the rights of others that are demanded of members of the Bar. The Honor Code governs the conduct of students during examinations and in all other academic and pre-professional activities at Boalt Hall. In addition, students are bound by the Campus Rules of Student Conduct, which govern matters such as dishonesty, forgery and sexual harassment.
Primary responsibility for respecting the appropriate rules rests with each individual student and with the student body as a whole. Students, faculty and staff are urged to bring apparent violations to the attention of the Instructor and/or the Dean. The Honor Code can be successful only to the extent that it is seen to have the overwhelming support of student and faculty opinion and to be taken seriously by everyone.
Enforcement Procedure
A student, faculty or staff member witnessing any violation or apparent violation of this Code should bring the matter to the attention of the Dean. After discussion with the alleged violator, the instructor, and other affected or knowledgeable persons, the Dean (or the Dean's designated representative) shall determine if informal resolution of the matter is appropriate. If informal resolution is inappropriate, or if the person accused of a violation does not agree to the resolution, the Dean shall refer the matter to the Campus Dean of Students for appropriate action under the disciplinary rules and procedures of the Berkeley Campus. Informal resolutions may be reported to the Campus Student Conduct Office as needed for their purposes. The Dean also has the responsibility to decide whether information pertaining to violations is relevant to Bar admissions standards and must be reported to the appropriated State Bar authorities. If this is done, the Dean shall send a copy, or notice of such report, to the student so reported.
Examinations and Other Academic Activities
The basic guide for a student taking an examination or participating in any other academic activity is a sense of honesty and integrity. Students are expected to rely on their own knowledge and ability, and not use unauthorized materials or represent the work of others as their own. These standards apply also to papers, oral presentations, work in clinical programs or other activities for which academic credit is assigned, except where the instructor provides otherwise. Examinations at Boalt Hall usually are not monitored, and "take-home" examinations are often employed. Students should be scrupulously careful not to consult materials except as permitted by the rules of the particular examination, not to obtain or receive unauthorized help, and not to continue writing after time has been called. Students who are allowed to take an examination either before or after the normal date should not give or obtain any information about the content of the examination. Because examinations at Boalt Hall are generally graded on the curve system, violations of the letter or the spirit of the rules are violations of the rights of other students, as well as of the standards of integrity required by this school and the legal profession.
Instructors also have an obligation to minimize the likelihood that cheating will occur or that some students will obtain an unfair advantage over others. In particular, instructors should be careful to avoid using old examination questions or questions in use at a neighboring institution if under the circumstances this is likely to provide an opportunity for some students to obtain an unfair advantage. Instructors are also encouraged to cooperate with staff to see that examinations are fairly and efficiently administered.
Library
Because of the Library's central importance in furthering research and study, and because of the heavy use of library materials by law students and others, it is important that the posted rules of the library be strictly observed; violation of library rules is a violation of the Academic Honor Code. In particular, mutilation or theft of library material is absolutely forbidden. (It also is a criminal offense.) Any violation should be reported promptly to the Dean for appropriate action in consultation with the Librarian. All Law Library users, including students, should cooperate to see that materials are returned promptly as required under the rules and that they are reshelved or made available for reshelving promptly after use.
Career Services Office and Placement Activities
Policies of the Law School Career Services Office should scrupulously be observed. Students are expected to observe the basic standards of honesty, integrity, responsibility and respect for the rights of others when using the Law School Career Services Office and in other placement activities. For example, any falsification or misrepresentation of Law School grades or other records, recommendations or other qualifications is a violation of the Academic Honor Code. Similarly, no student may take any improper action to gain an unfair advantage or place any other student at an unfair disadvantage in the career planning or placement activities of the School, whether strictly within the Career Services Office or more generally.
APPENDIX B
WRITING REQUIREMENT
(1) Writing Requirement Scope and Standards. A paper undertaken for Writing Requirement credit typically ought to have as its ambition or model a good quality "student comment" of the sort that appear in major law journals. To be sure, it is not anticipated that in the end all, or even most, of the papers completed for Writing Requirement credit will be published. Moreover, it is fair to say that some students will have papers approved that are not as ambitious in their undertaking as is a typical, good student comment. Nonetheless, the journal comment illustrates a kind of project with which the faculty is familiar and that typifies the sorts of things that ought to be represented in papers done for the Writing Requirement.
The paper usually has a topic of considerable scope; it is usually quite a bit more than a critical review of a recent case or the criticism of a narrow area of doctrine. (Notwithstanding the reference to student "comments," a student casenote can satisfy the writing requirement if it meets the substantive standards outlined herein.) It typically involves a considerable research effort, frequently taking the student into non-legal materials. It requires imaginative analysis and typically involves the attempt to address questions not already resolved in the literature or in the courts. Finally, such a writing is typically of substantial length, even if all the quotations, background description, and past legal development were to be excised from the paper.
The central goal is that the student achieve substantial intellectual growth through the project. This usually will occur if the student has learned to find, evaluate, and synthesize a wide range of materials applicable to a broad topic of his or her formulation, and if the student has learned to present his or her analysis of the problem in a thoughtful and effective manner.
Papers should usually be in the 40 to 70 page range. Some will be longer; rarely will a paper be approved which contains less than 30 pages of serious writing. To be sure, a brilliant paper can be short; so long as the analysis is lucid and a significant research effort went into producing the conclusions, length matters less. By the same token, an unnecessarily wordy, quote-filled, loosely argued and superficial paper can drag on, undesirably, for 100 pages or so; here length is a detriment. Many instructors will require a student to revise or rewrite the first version of a paper submitted for Writing Requirement credit.
Not all those students who set out to fulfill the Writing Requirement actually succeed in satisfying the requirement with that effort. Sometimes, of course, the student will simply fail to complete the project and will either receive No Credit or will drop the class. Other times, however, a paper will suffice for purposes of obtaining the units for which the student has registered but will not be approved as satisfying the Writing Requirement. For example, some instructors insist upon a paper of honors quality.
In the end, it is up to each individual instructor to decide what will suffice and to try to guide the student in a personal way toward the successful completion of the paper.
(2) Satisfying the Writing Requirement. Many Boalt students satisfy the Writing Requirement through a two unit independent research and writing project taken under Law 299. However, the work necessary to obtain two units of Law 299 credit may not suffice for the Writing Requirement, and a student project undertaken for only one unit of Law 299 is almost always insufficiently ambitious to satisfy the Writing Requirement. Both the Writing Requirement and Law 299 require the active supervision of a member of the faculty.
A second popular way to satisfy the Writing Requirement is through a seminar paper. In some seminars, the instructor insists that all participating students take on projects which are ambitious enough to satisfy the Writing Requirement. In other seminars, pursuit of the Writing Requirement is optional and has to be arranged by agreement with the instructor. Traditionally, students who make such arrangements obtain no extra units of credit; however, it is possible, if the instructor thinks it appropriate and desirable, to seek one, or perhaps even two, units of Law 299 on top of the seminar credit for student work when the circumstances so warrant.
Some students prepare a paper for a course and have that paper certified as satisfying the Writing Requirement. For this purpose the Dean's Office has, in effect, treated all classes as seminars. Plainly, not all papers written for courses will satisfy the Writing Requirement. Because Writing Requirement papers done in courses are usually written in lieu of an exam, no additional units are awarded to those satisfying the Writing Requirement in this way.
Faculty should encourage students to consider publication of their papers. The writing programs sponsored by the law journals at Boalt offer opportunities for students to satisfy the Writing Requirement, if the standards of these Guidelines are met.
Finally, so long as a faculty member is satisfied that his or her supervision and achievement standards have been met, it is possible in some cases to obtain Writing Requirement credit for a paper not done for any units. While in such a case the student almost surely could have obtained two units of Law 299 for the work, on occasion for one reason or another, he or she does not sign up for the credit. Law journal pieces sometimes fall into this category.
(3) Certification of Credit. Any member of the instructional staff holding the title professor, acting professor, visiting professor, emeritus professor, or with the prior concurrence of the Dean's Office, lecturer or visiting lecturer, is permitted to award Writing Requirement credit. Past practice has shown that full-time Boalt professors, emeritus professors, and full-time, visiting professors are the main providers of Law 299 supervision and therefore certify virtually all of the Writing Requirement projects. They also certify projects of the work done through seminars and courses. However, visiting lecturers, lecturers and visiting professors who are at Boalt teaching a single course are permitted to and regularly do certify completion of the Writing Requirement for a number of students in the context of papers undertaken under their supervision in the seminar (or course) they are teaching at Boalt.
(4) Multiple Papers. Although this is not the usual practice and it is generally not preferred, a student may nonetheless satisfy the Writing Requirement with a series of related papers prepared for a course or seminar. In individual cases instructors have the authority to approve such writings when, in the aggregate, they seem to the instructor to satisfy the purposes of the Writing Requirement.
(5) Informal Procedures. Many instructors insist that students settle on a topic early in the term and promptly bring in for approval an outline of both the questions to be studied and the intended research strategy. Many instructors require regular reports of progress, including an early draft of at least a substantial portion of the paper so that a preliminary critique of writing style and substantive analysis can be provided to the student. Others want to see the completed paper, but may insist on the rewriting of portions before signing off on the project.
(6) Formal Procedures. When a student decides to undertake a project intended to satisfy the Writing Requirement through a Law 299 project, he or she should have the supervising faculty member sign a petition to that effect. That information should be filed with the Registrar's Office, either as part of the student's registration or, if necessary, as a late filing. While agreement about and filing of the Writing Requirement undertaking is preferred at the outset of the term and at the outset of a project, it is permissible, with the instructor's approval, to file the undertaking agreement at any time. When a student finishes the writing requirement, either through a 299 project or a seminar or course, he or she should have the supervising faculty member sign off on a Writing Requirement form and file the form with the Registrar's Office.
