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264.71 sec. 1 - Hot Topics in US-China Law I (Fall 2012)

Instructor: Robert C. Berring, Jr.  (view instructor's teaching evaluations | profile)
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Units: 1
Meeting Time: Th 3:35-5:25
Meeting Location: 12

Course Start: August 23, 2012
Course Control Number (Non-1Ls): 49708


NOTE: THIS 1-UNIT COURSE IS PART OF A 4-UNIT FALL AND SPRING COURSE SEQUENCE. PLEASE READ THE COMPLETE COURSE DESCRIPTION BELOW FOR IMPORTANT INFORMATION .

Over the last 35 years, China has embarked on an unprecedented effort to build a legal system and a cadre of lawyers, judges, and law professors essentially from scratch. The progress of that effort to build a “socialist rule of law with Chinese characteristics” is of tremendous significance not only to China’s 1.4 billion citizens, but also to the rest of the world as China continues its rapid economic and social integration into the international community.
In this course, students will produce papers on legal topics that have been identified as significant for Chinese policy makers and of interest to U.S. stakeholders. Topics will include environment and energy, administrative law, intellectual property, and business law. Student papers will be designed to explain the relevant policy issues, the U.S. approach, and the possible lessons (positive or negative) for China. The course is being offered in coordination with Chinese law professors who work closely with various government entities (National People’s Congress, the State Council legislative office, agencies such as the Ministry of Environmental Protection).

We will work with two Chinese law school partners (Peking University Law School and Shanghai Jiaotong University Law School) who will each hold similar classes in China in the 2012-13 school year. Students will also have the opportunity to exchange information and insights with graduate students at these schools who are working on the same topics.

Participation in the course requires no prior exposure to Chinese law and Chinese language ability is not necessary.

The 4-unit course consists of several components:
• Hot Topics in US-China Law I. A 1-unit module in Fall 2012 taught by Professor Berring that introduces students to modern Chinese law and legal institutions. This course will provide students with the necessary background to participate in this unique US-China collaborative law course. This 1-unit course is required for participation in the full 4-unit course. However, students not planning to participate in the full 4-unit course may also register for this class.
• A 1-unit 299 in Fall 2012 on a current issue of US law that students at our Chinese partner schools will also research from their own domestic law perspective. Topics will include intellectual property, business law, environmental law, administrative law, and possibly other issues. Students will work with one of the following Boalt consulting faculty members to develop a detailed (10-page) outline of the paper, which will be expanded into a 30 page paper in the Spring semester (Hot Topics in US-China Law II).
Participating faculty include:
o Professors Farber and Wang (environment & energy);
o Professor Samuelson (intellectual property);
o Professor O’Connell (administrative law);
o Professor Bartlett (business law).
Students will not be eligible for an “IP” for this 299; the consulting faculty will grade all outlines in the Fall semester.
• Hot Topics in US-China Law II. A 2-unit seminar in Spring 2013 taught by Professors Farber and Wang, in which the students will discuss current Chinese legal issues with a variety of guest speakers and communicate with their Chinese counterparts. The Spring component of the course will include guest speakers on current topics in Chinese law and sessions devoted to developing the final written project. During the Spring seminar, students will expand their outlines into a 15-20 page comment on their selected research topics. They will then exchange drafts on these topics with students from our Chinese partners and incorporate the Chinese research into their own papers. Finally, Berkeley students will write a section of the research paper that compares the Chinese and US approaches to the topic. Each final paper will be approximately 30 pages in length and may satisfy the writing requirement.

Fall 2012 Application Process

Continuing JD Student Deadlines:

Students interested in participating in this 4-unit course sequence must enroll in this Fall course and also email a 250-word description of interest and relevant background to Profs. Farber and Wang by April 20, 2012. Students should note a particular topic of interest (intellectual property, administrative law, business, environment/energy), as they will be assigned to work on a particular topic with the advising professor for that topic. Students will be notified of class participation decisions by May 1, 2012. NOTE: students enrolling only in the 1-unit Hot Topics in US-China Law I class and not continuing with the 299 or Spring seminar need not submit an application but should register normally in Telebears for the 1-unit Fall class.

LLM and Transfer Student Deadlines:

LLM and Transfer students interested in participating in this 4-unit course sequence must enroll in this Fall course and also email a 250-word description of interest and relevant background to Profs. Farber and Wang by August 17th. Students should note a particular topic of interest (intellectual property, administrative law, business, environment/energy), as they will be assigned to work on a particular topic with the advising professor for that topic. LLM and Transfer Students will be notified of class participation decisions by Wednesday, August 22nd. NOTE: students enrolling only in the 1-unit Hot Topics in US-China Law I class and not continuing with the 299 or Spring seminar need not submit an application but should register normally in Telebears for the 1-unit Fall class.

Exam Notes: P+
Course Category: International and Comparative Law
This course is cross-listed in the following categories:
Business Law
Environmental Law
General Courses
Intellectual Property and Technology Law
Public Law and Policy

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