| Law 200.2 Civil Procedure for LL.M.Students 3 Units |
| Spring 2020: Remote due to COVID Spring 2021: Remote due to COVID Spring 2022: In-Person Spring 2023: In-Person Spring 2024: In-Person Spring 2025: In-Person |
| Description: Spring 2020 Description: Civil Procedure for LLM Students is the study of our civil (non-criminal) dispute resolution system, with an emphasis on litigation in the federal courts, as regulated by the Federal Rules of Civil Procedure (FRCP). We will cover pleadings, subject matter jurisdiction, personal jurisdiction, joinder of parties and claims (including class actions), discovery, dispositive pre-trial and trial motions, the preclusive effect of prior litigation, settlement of disputes, and alternatives to civil litigation. At the surface, this is a survey of the U.S. litigation system, and will introduce students to many of the civil procedure issues tested on the New York, California, and Multi-State bar exams. It is NOT a bar review course, but it will introduce many of the civil procedure subjects covered by the bar. At a deeper level, this is a comparative law class that compares multiple systems of dispute resolution, with much of the material supplied by the students from their experiences studying and practicing in many disparate legal systems. And for many students (and the instructor) it is an exploration of how common law lawyers and judges apply a common law approach to reading a code. To place the course material in context, and provide opportunities for formative assessment, we will follow a simulated case over the course of the semester, and will conduct several advocacy exercises. There will be two take-home mid-term exams, and a take-home final exam. Spring 2021 Description: Civil Procedure for LLM Students is the study of our civil (non-criminal) dispute resolution system, with an emphasis on litigation in the federal courts, as regulated by the Federal Rules of Civil Procedure (FRCP). We will cover pleadings, subject matter jurisdiction, personal jurisdiction, joinder of parties and claims (including class actions), discovery, dispositive pre-trial and trial motions, the preclusive effect of prior litigation, settlement of disputes, and alternatives to civil litigation. At the surface, this is a survey of the U.S. litigation system, and will introduce students to many of the civil procedure issues tested on the New York, California, and Multi-State bar exams. At a deeper level, this is a comparative law class that compares multiple systems of dispute resolution, with much of the material supplied by the students from their experiences studying and practicing in many disparate legal systems. And for many students (and the instructor) it is an exploration of how common law lawyers and judges apply a common law approach to reading a code. To place the course material in context, and provide opportunities for formative assessment, we will follow a simulated case over the course of the semester, and will conduct several advocacy exercises. There will be two take-home mid-term exams, and a take-home final exam. Spring 2022 Description: Civil Procedure for LLM Students is the study of U.S. civil (non-criminal) dispute resolution systems, with an emphasis on civil litigation in the United States federal courts. The course will provide a general introduction to U.S. civil procedure, but it will focus primarily on topics that illustrate the juridical difficulties flowing from the United States' organization as a federation rather than a unitary republic, and on procedural issues that generate or significant controversy in U.S. law and politics. While the course will cover various topics tested on the New York, California, and uniform bar exams, it is NOT a bar review course. Bar-tested topics that the course will cover include subject matter jurisdiction, territorial (personal) jurisdiction, state law in federal court, federal common law, joinder of claims and parties (including class actions), discovery, summary judgment, settlement, and civil jury trials (including post-trial motions). Spring 2023 Description: Civil Procedure for LL.M. Students is the study of U.S. civil (non-criminal) dispute resolution systems, with an emphasis on civil litigation in the United States federal courts. The course will provide a general introduction to U.S. civil procedure, but it will focus primarily on topics that illustrate the juridical difficulties flowing from the United States' organization as a federation rather than a unitary republic, and on procedural issues that generate or significant controversy in U.S. law and politics. While the course will cover various topics tested on the New York, California, and uniform bar exams, it is NOT a bar review course. Bar-tested topics that the course will cover include subject matter jurisdiction, territorial (personal) jurisdiction, state law in federal court, federal common law, joinder of claims and parties (including class actions), discovery, summary judgment, settlement, and civil jury trials (including post-trial motions). Spring 2024 Description: Civil Procedure for LL.M. Students is the study of U.S. civil (non-criminal) dispute resolution systems, with an emphasis on civil litigation in the United States federal courts. The course will provide a general introduction to U.S. civil procedure, but it will focus primarily on topics that illustrate the juridical difficulties flowing from the United States' organization as a federation rather than a unitary republic, and on procedural issues that generate or significant controversy in U.S. law and politics. While the course will cover various topics tested on the New York, California, and uniform bar exams, it is NOT a bar review course. Bar-tested topics that the course will cover include subject matter jurisdiction, territorial (personal) jurisdiction, state law in federal court, federal common law, joinder of claims and parties (including class actions), discovery, summary judgment, settlement, and civil jury trials (including post-trial motions). Spring 2025 Description: Civil Procedure for LL.M. Students is the study of U.S. civil (non-criminal) dispute resolution systems, with an emphasis on civil litigation in the United States federal courts. The course will provide a general introduction to U.S. civil procedure, but it will focus primarily on topics that illustrate the juridical difficulties flowing from the United States' organization as a federation rather than a unitary republic, and on procedural issues that generate or significant controversy in U.S. law and politics. While the course will cover various topics tested on the New York, California, and uniform bar exams, it is NOT a bar review course. Bar-tested topics that the course will cover include subject matter jurisdiction, territorial (personal) jurisdiction, state law in federal court, federal common law, joinder of claims and parties (including class actions), discovery, summary judgment, settlement, and civil jury trials (including post-trial motions). |
| Law 200F Civil Procedure 5 Units |
| Fall 2020: Remote due to COVID Fall 2021: In-Person Fall 2022: In-Person Fall 2023: In-Person Fall 2024: In-Person |
| Description: Fall 2020 Description: This course covers the main stages of civil litigation in the trial court, including pleading, discovery, summary judgment, jury trial, motions for judgment as a matter of law, joinder of parties and claims, and claim and issue preclusion. Constitutional limits on territorial jurisdiction, federal subject-matter jurisdiction, venue, and choice of federal vs. state law (the Erie doctrine) are also included. Fall 2021 Description: This course covers the main stages of civil litigation in the trial court, including pleading, discovery, summary judgment, jury trial, motions for judgment as a matter of law, joinder of parties and claims, and claim and issue preclusion. Constitutional limits on territorial jurisdiction, federal subject-matter jurisdiction, venue, and choice of federal vs. state law (the Erie doctrine) are also included. Fall 2022 Description: This course covers the main stages of civil litigation in the trial court, including pleading, discovery, summary judgment, jury trial, motions for judgment as a matter of law, joinder of parties and claims, and claim and issue preclusion. Constitutional limits on territorial jurisdiction, federal subject-matter jurisdiction, venue, and choice of federal vs. state law (the Erie doctrine) are also included. Fall 2023 Description: This course covers the main stages of civil litigation in the trial court, including pleading, discovery, summary judgment, jury trial, motions for judgment as a matter of law, joinder of parties and claims, and claim and issue preclusion. Constitutional limits on territorial jurisdiction, federal subject-matter jurisdiction, venue, and choice of federal vs. state law (the Erie doctrine) are also included. Fall 2024 Description: This course covers the main stages of civil litigation in the trial court, including pleading, discovery, summary judgment, jury trial, motions for judgment as a matter of law, joinder of parties and claims, and claim and issue preclusion. Constitutional limits on territorial jurisdiction, federal subject-matter jurisdiction, venue, and choice of federal vs. state law (the Erie doctrine) are also included. |
| Law 200S Civil Procedure 3 Units |
| Summer 2021: Hybrid Summer 2022: In-Person Summer 2023: In-Person Summer 2024: In-Person Summer 2025: In-Person |
| Description: Summer 2021 Description: This Civil Procedure course covers much of the standard JD Civil Procedure course (which focuses on U.S. federal civil procedure). In the summer quarter, we will cover the following topics in varying levels of detail: jurisdiction and venue, pleading, motion practice, discovery, joinder, class actions, summary judgment, juries, and preclusion. This course will meet in-person on campus on July 21st, 22nd, 23rd, 26th, and 27th in Warren (room 295). Summer 2022 Description: This Civil Procedure course covers much of the standard JD Civil Procedure course (which focuses on U.S. federal civil procedure). In the summer quarter, we will cover the following topics in varying levels of detail: jurisdiction and venue, pleading, motion practice, discovery, joinder, class actions, summary judgment, juries, and preclusion. Summer 2023 Description: This Civil Procedure course covers much of the standard JD Civil Procedure course (which focuses on U.S. federal civil procedure). In the summer quarter, we will cover the following topics in varying levels of detail: jurisdiction and venue, pleading, motion practice, discovery, joinder, class actions, summary judgment, juries, and preclusion. NOTE: This course allows enrollment by remote or in-person students. All classes will be held in-person at Berkeley Law, but all Quarter 4 class sessions will be recorded and posted on bCourses to allow remote students to view recordings. Summer 2024 Description: This Civil Procedure course covers much of the standard JD Civil Procedure course (which focuses on U.S. federal civil procedure). We will cover the following topics in varying levels of detail: jurisdiction and venue, pleading, motion practice, discovery, joinder, class actions, summary judgment, juries, and preclusion. Summer 2025 Description: This course provides a comprehensive introduction to American civil procedure, with a focus on the Federal Rules of Civil Procedure, applicable to all civil actions in the U.S. District Courts. Topics to be covered include: personal jurisdiction, subject matter jurisdiction, venue and forum non conveniens, pleading, joinder of claims and parties, class actions, multidistrict litigation, discovery, summary judgment, jury trials, post-trial motions, and preclusion. Professor Andrew Bradt writes and teaches primarily in the areas of civil procedure, conflict of laws, and civil remedies. His current research focuses on the adaptation of procedural and choice-of-law systems to large-scale multijurisdictional litigation, with a particular interest in federal multidistrict litigation. In 2022, he was one of five recipients of the campuswide Distinguished Teaching Award. In 2019, he received Berkeley Law’s Rutter Award for Teaching Distinction. At Berkeley Law, Bradt is the faculty director of the Civil Justice Research Initiative, a think tank whose mission is to systematically identify and produce highly credible, unbiased research on critical issues concerning the civil justice system, including expanding access to justice Bradt’s scholarship has been published in numerous law journals and has been cited by both courts and prominent legal treatises. He is a co-author, with Geoffrey C. Hazard, William A. Fletcher, and Stephen McG. Bundy, of Pleading and Procedure—Cases and Materials (12th ed., Foundation Press, 2020), and, with Edward Sherman, Richard Marcus, and Howard Erichson, of Complex Litigation—Cases and Materials on Advanced Civil Procedure (7th ed., West Academic, 2021). In 2019, he was elected to the membership of the American Law Institute, and he serves on the Members Consultative Groups for the Restatement (Third), Conflict of Laws, and the Restatement (Third), Torts: Remedies. In January 2023, Bradt was appointed by the Chief Justice to a five-year term as Associate Reporter to the Advisory Committee on Civil Rules of the Judicial Conference of the United States. In that position, he analyzes suggested changes to the Federal Rules of Civil Procedure, develops proposed drafts of rules for committee consideration, reviews and summarizes public comments on proposed amendments, and generates the committee notes and other materials documenting the committee’s work. Immediately prior to joining the Berkeley Law faculty, Bradt was a Climenko Fellow and Lecturer on Law at Harvard Law School. Before entering academia, Bradt was a litigator in the Issues & Appeals Group at Jones Day in New York City, and at Ropes & Gray in Boston. He also served as a law clerk to the Honorable Robert A. Katzmann of the United States Court of Appeals for the Second Circuit and the Honorable Patti B. Saris of the United States District Court for the District of Massachusetts. Bradt graduated magna cum laude from Harvard Law School, where he received the Joseph H. Beale Prize for Conflict of Laws, and summa cum laude from Harvard College, where he concentrated in Social Studies. He is a member of the state bar of Massachusetts. |
| Law 201 Torts 5 Units |
| Spring 2020: Remote due to COVID Fall 2020: Remote due to COVID Spring 2021: Remote due to COVID Fall 2021: In-Person Spring 2022: In-Person Fall 2022: In-Person Spring 2023: In-Person Fall 2023: In-Person Spring 2024: In-Person Fall 2024: In-Person Spring 2025: In-Person |
| Description: Spring 2020 Description: This course covers the law of civil injuries, including both intended and unintended interference with personal and property interests, as well as liability without fault. Fall 2020 Description: This course covers the law of civil injuries, including both intended and unintended interference with personal and property interests, as well as liability without fault. Spring 2021 Description: This course covers the law of civil injuries, including both intended and unintended interference with personal and property interests, as well as liability without fault. Fall 2021 Description: This course covers the law of civil injuries, including both intended and unintended interference with personal and property interests, as well as liability without fault. Spring 2022 Description: This course covers the law of civil injuries, including both intended and unintended interference with personal and property interests, as well as liability without fault. Fall 2022 Description: This course covers the law of civil injuries, including both intended and unintended interference with personal and property interests, as well as liability without fault. Spring 2023 Description: This course covers the law of civil injuries, including both intended and unintended interference with personal and property interests, as well as liability without fault. Fall 2023 Description: This course covers the law of civil injuries, including both intended and unintended interference with personal and property interests, as well as liability without fault. Spring 2024 Description: This course covers the law of civil injuries, including both intended and unintended interference with personal and property interests, as well as liability without fault. Fall 2024 Description: This course covers the law of civil injuries, including both intended and unintended interference with personal and property interests, as well as liability without fault. Spring 2025 Description: This course covers the law of civil injuries, including both intended and unintended interference with personal and property interests, as well as liability without fault. |
| Law 201S Torts 3 Units |
| Summer 2021: Hybrid Summer 2022: In-Person Summer 2023: In-Person Summer 2024: In-Person Summer 2025: In-Person |
| Description: Summer 2021 Description: Torts law is the common law mechanism for civil liability for all wrongs except breach of contract. Some torts involve minor disputes between individuals, others can involve tens or hundreds of millions of dollars in damage. Because it is a common law subject, the Torts class also provides an opportunity for a deeper understanding of common law decision-making, civil procedure, and the role of juries in U.S. law. The dramatic and often surprising events in torts cases make the subject ideal for the case method of teaching. Much of the course will focus on the law of negligence and liability for defective products. However, the course will also include some torts of particular interest to business and employment lawyers, as well as privacy torts relevant to social media and Internet firms.At a more abstract level, Torts also provides the opportunity to think about the roles of fairness, economic analysis, and litigation problems in designing legal rules. This course will meet in-person on campus on June 2nd, 3rd, 4th, 7th, and 8th in room 105. Summer 2022 Description: Torts law is the common law mechanism for civil liability for all wrongs except breach of contract. Some torts involve minor disputes between individuals, others can involve tens or hundreds of millions of dollars in damage. Because it is a common law subject, the Torts class also provides an opportunity for a deeper understanding of common law decision-making, civil procedure, and the role of juries in U.S. law. The dramatic and often surprising events in torts cases make the subject ideal for the case method of teaching. Much of the course will focus on the law of negligence and liability for defective products. However, the course will also include some torts of particular interest to business and employment lawyers, as well as privacy torts relevant to social media and Internet firms.At a more abstract level, Torts also provides the opportunity to think about the roles of fairness, economic analysis, and litigation problems in designing legal rules. Summer 2023 Description: Torts law is the common law mechanism for civil liability for all wrongs except breach of contract. Some torts involve minor disputes between individuals, others can involve tens or hundreds of millions of dollars in damage. Because it is a common law subject, the Torts class also provides an opportunity for a deeper understanding of common law decision-making, civil procedure, and the role of juries in U.S. law. The dramatic and often surprising events in torts cases make the subject ideal for the case method of teaching. Much of the course will focus on the law of negligence and liability for defective products. However, the course will also include some torts of particular interest to business and employment lawyers, as well as privacy torts relevant to social media and Internet firms. At a more abstract level, Torts also provides the opportunity to think about the roles of fairness, economic analysis, and litigation problems in designing legal rules. Summer 2024 Description: Torts law is the common law mechanism for civil liability for all wrongs except breach of contract. Some torts involve minor disputes between individuals, others can involve tens or hundreds of millions of dollars in damage. Because it is a common law subject, the Torts class also provides an opportunity for a deeper understanding of common law decision-making, civil procedure, and the role of juries in U.S. law. The dramatic and often surprising events in torts cases make the subject ideal for the case method of teaching. Much of the course will focus on the law of negligence and liability for defective products. However, the course will also include some torts of particular interest to business and employment lawyers, as well as privacy torts relevant to social media and Internet firms. At a more abstract level, Torts also provides the opportunity to think about the roles of fairness, economic analysis, and litigation problems in designing legal rules. Summer 2025 Description: This is a course on tort law for business lawyers, whether their practices focus on IP and technology, corporate, or general business representation. The key question is: when does aggressive competition cross the line and become unlawful? Crossing that line can result in major liability, including punitive damages. This body of tort law has great commercial importance but isn't covered in introductory courses or is covered only in passing. The class starts with a brief introduction to U.S. tort law and then turns to key areas of litigation: misrepresentation. deceptive marketing, tortious interference with contract or prospective advantage, and liability for bad faith breach of contract. Dan Farber is the Sho Sato Professor of Law at the University of California, Berkeley. He is also the Faculty Director of the Center for Law, Energy, and the Environment. Professor Farber is a member of the American Academy of Arts and Sciences and a Life Member of the American Law Institute. Professor Farber is a graduate of the University of Illinois, where he earned his B.A., M.A., and J.D. degrees. He graduated, summa cum laude, from the College of Law, where he was the class valedictorian and served as editor-in-chief of the University of Illinois Law Review. After law school, he was a law clerk for Judge Philip W. Tone of the U.S. Court of Appeals for the Seventh Circuit and then for Justice John Paul Stevens of the U.S. Supreme Court. Professor Farber practiced law with Sidley & Austin, where he primarily worked on energy issues, before returning to the University of Illinois as a faculty member in 1978. He taught at the University of Minnesota Law School faculty from 1981 to 2002, where he was the McKnight Presidential Professor of Public Law. He also has been a visiting professor at the Stanford Law School, Harvard Law School, and the University of Chicago Law School. His most recent book is Contested Ground: How to Understand the Limits on Presidential Power (UC Press 2021). His earlier books include Research Handbook on Public Choice and Public Law (Elgar 2010) (with A. O’Connell); Judgment Calls: Politics and Principle in Constitutional Law (Oxford University Press 2008) (with S. Sherry); Retained by the People: The “Silent” Ninth Amendment and the Rights Americans Don’t Know They Have (Basic Books 2007); Lincoln’s Constitution (University of Chicago Press 2003); and Eco-Pragmatism: How to Make Sensible Environmental Decisions in an Uncertain World (University of Chicago Press 1999). |
| Law 202 Torts for LLM Students 3 Units |
| Spring 2020: Remote due to COVID Spring 2021: Remote due to COVID Spring 2022: In-Person Spring 2024: In-Person Spring 2025: In-Person |
| Description: Spring 2020 Description: The course covers the basic rules, concepts and principles of US law governing liability for civil injuries, including intended and negligently inflicted harm to personal and property interests and liability without fault. The course also is a good introduction to the American civil litigation system. Spring 2021 Description: The course covers the basic rules, concepts and principles of US law governing liability for civil injuries, including intended and negligently inflicted harm to personal and property interests and liability without fault. The course also is a good introduction to the American civil litigation system. Spring 2022 Description: The course covers the basic rules, concepts and principles of US law governing liability for civil injuries, including intended and negligently inflicted harm to personal and property interests and liability without fault. The course also is a good introduction to the American civil litigation system. Spring 2024 Description: The course covers the basic rules, concepts and principles of US law governing liability for civil injuries, including intended and negligently inflicted harm to personal and property interests and liability without fault. The course also is a good introduction to the American civil litigation system. Spring 2025 Description: The course covers the basic rules, concepts, and principles of US law governing civil liability for injuries, including intended and negligently inflicted harm to personal and property interests and liability without fault. The course also is a good introduction to the American civil litigation system. |
| Law 202.1A Legal Research and Writing 3 Units |
| Fall 2020: Remote due to COVID Fall 2021: In-Person Fall 2022: In-Person Fall 2023: In-Person Fall 2024: In-Person |
| Description: Fall 2020 Description: This course provides instruction in legal research, analysis, and writing. Fall 2021 Description: This course provides instruction in legal research, analysis, and writing. Fall 2022 Description: This course provides instruction in legal research, analysis, and writing. Fall 2023 Description: This course provides instruction in legal research, analysis, and writing. Fall 2024 Description: This course provides instruction in legal research, analysis, and writing. |
| Law 202.1B Written and Oral Advocacy 2 Units |
| Spring 2020: Remote due to COVID Spring 2021: Remote due to COVID Spring 2022: In-Person Spring 2023: In-Person Spring 2024: In-Person Spring 2025: In-Person |
| Description: Spring 2020 Description: This course involves preparation of a brief for a trial court motion on a hypothetical problem, and arguing that motion before a “judge,” usually a practicing lawyer from the Bay Area or a “real” judge from a Bay Area court. Spring 2021 Description: This course involves preparation of a brief for a trial court motion on a hypothetical problem, and arguing that motion before a “judge,” usually a practicing lawyer from the Bay Area or a “real” judge from a Bay Area court. Spring 2022 Description: This course involves preparation of a brief for a trial court motion on a hypothetical problem, and arguing that motion before a “judge,” usually a practicing lawyer from the Bay Area or a “real” judge from a Bay Area court. Spring 2023 Description: This course involves preparation of a brief for a trial court motion on a hypothetical problem, and arguing that motion before a “judge,” usually a practicing lawyer from the Bay Area or a “real” judge from a Bay Area court. Spring 2024 Description: This course involves preparation of a brief for a trial court motion on a hypothetical problem, and arguing that motion before a “judge,” usually a practicing lawyer from the Bay Area or a “real” judge from a Bay Area court. Spring 2025 Description: This course involves preparation of a brief for a trial court motion on a hypothetical problem, and arguing that motion before a “judge,” usually a practicing lawyer from the Bay Area or a “real” judge from a Bay Area court. |
| Law 202F Contracts 5 Units |
| Spring 2020: Remote due to COVID Fall 2020: Remote due to COVID Spring 2021: Remote due to COVID Fall 2021: In-Person Spring 2022: In-Person Fall 2022: In-Person Spring 2023: In-Person Fall 2023: In-Person Spring 2024: In-Person Fall 2024: In-Person |
| Description: Spring 2020 Description: This course covers the law of contracts, including formation, performance, remedies, and termination. Fall 2020 Description: This course covers the law of contracts, including formation, performance, remedies, and termination. Spring 2021 Description: This course covers the law of contracts, including formation, performance, remedies, and termination. Fall 2021 Description: This course will be held in Booth Auditorium. Spring 2022 Description: This course covers the law of contracts, including formation, performance, remedies, and termination. Fall 2022 Description: This course covers the law of contracts, including formation, performance, remedies, and termination. Spring 2023 Description: This course covers the law of contracts, including formation, performance, remedies, and termination. Fall 2023 Description: This course covers the law of contracts, including formation, performance, remedies, and termination. Spring 2024 Description: This course covers the law of contracts, including formation, performance, remedies, and termination. Fall 2024 Description: This course covers the law of contracts, including formation, performance, remedies, and termination. |
| Law 202S Contracts 3 Units |
| Summer 2021: Hybrid Summer 2022: In-Person Summer 2023: In-Person Summer 2024: In-Person Summer 2025: In-Person |
| Description: Summer 2021 Description: This survey course explores the basic principles of U.S. common law that govern the formation of, limits on the ability to enter into, breach and enforcement of, and remedies relating to, contracts. Students will also study the related principles embodied in the Uniform Commercial Code, a model for the law shaping sales and other commercial transactions. Textbook: Barnett & Oman, Contracts: Cases and Doctrine (6th Ed.) This course will meet in-person on campus on June 21st, 22nd, 23rd, 24th, and 25th in room 110. Summer 2022 Description: This survey course explores the basic principles of U.S. common law that govern contracts, including issues of formation, breach, enforcement, and remedies. Students will also study the related doctrinal principles codified in the Uniform Commercial Code, a model for the law shaping sales and other commercial transactions, and the Restatement Second of Contracts. Textbook: Barnett & Oman, Contracts: Cases and Doctrine (7th Ed.) Note: June 16th and 17th class meetings will be held on Zoom. Summer 2023 Description: This survey course explores the basic principles of U.S. common law that govern contracts, including issues of formation, breach, enforcement, and remedies. Students will also study the related doctrinal principles codified in the Uniform Commercial Code, a model for the law shaping sales and other commercial transactions, and the Restatement Second of Contracts. Textbook: Barnett & Oman, Contracts: Cases and Doctrine (7th Ed.) Remote + Summer Students Please NOTE: You cannot take Contracts in the fall semester if you take it in the summer. Summer 2024 Description: This survey course explores the basic principles of U.S. common law that govern contracts, including issues of formation, breach, enforcement, and remedies. Students will also study the related doctrinal principles codified in the Uniform Commercial Code, a model for the law shaping sales and other commercial transactions, and the Restatement Second of Contracts. Textbook: Barnett & Oman, Contracts: Cases and Doctrine (7th Ed.) Remote + Summer Students PLEASE NOTE: You cannot take Contractsl in the fall semester if you take it in the summer. Summer 2025 Description: This survey course explores the basic principles of U.S. common law that govern contracts, including issues of formation, breach, enforcement, and remedies. Students will also study the related doctrinal principles codified in the Uniform Commercial Code, a model for the law shaping sales and other commercial transactions, and the Restatement Second of Contracts. Abbye Atkinson is a Professor of Law and Co-Faculty Director of the Center for Law and Economic Justice. and her research focuses on the law of debtors and creditors as it affects marginalized communities. Her work is forthcoming in the Harvard Law Review and has been published in the California Law Review, Duke Law Journal, Columbia Law Review, Stanford Law Review, Vanderbilt Law Review, Arizona Law Review, Michigan Journal of Race & Law, the N.Y.U. Law Review Online, and the Texas Law Review Online. She has testified before the United States Senate Committee on Banking, Housing, and Urban Affairs, and she is the inaugural recipient of the Ruth Bader Ginsburg Scholar Award. Before joining Berkeley Law, Atkinson was a Thomas C. Grey Fellow and Lecturer in Law at Stanford Law School and the Reginald F. Lewis Fellow at Harvard Law School. Previously she worked as an associate attorney in the San Francisco office of Gibson Dunn, and she served as a law clerk to the Honorable Ronald M. Gould of the United States Court of Appeals for the Ninth Circuit and for the Honorable Marilyn Hall Patel of the United States District Court for the Northern District of California. She graduated cum laude from Harvard Law School and earned her undergraduate degree from the University of California, Berkeley Remote + Summer Students PLEASE NOTE: You cannot take Contracts in the fall semester if you take it in the summer. |
| Law 203 Property 4 Units |
| Spring 2020: Remote due to COVID Spring 2021: Remote due to COVID Spring 2022: Remote Instruction Spring 2023: In-Person Fall 2023: In-Person Spring 2024: In-Person Fall 2024: In-Person Spring 2025: In-Person |
| Description: Spring 2020 Description: This course provides an introduction to the topics involved in the law of property, including adverse possession, possessory estates in land, future interests, marital property, landlord-tenant law, concurrent estates, easements and covenants, and land-use planning. Special attention is given to environmental and intellectual property issues. Spring 2021 Description: This is a basic survey of the law of property, examining the forms and methods by which property interests are acquired, transferred, used, and regulated. It will lay the groundwork for advanced courses in intellectual property, real estate transactions, trusts and estates, land use, and environmental law, among other topics. There is no printed casebook to buy for this class. We will be using a custom version of an open source property casebook, which will be posted on bCourses. Upon completion of the course, you should have achieved the following Berkeley Law Learning Outcomes: • Knowledge and understanding of substantive law • Legal analysis and reasoning, legal research, problem-solving, and written and oral communication in the legal context • Using the law to solve real-world problems and to create a more just society You should also achieve learning outcomes specific to this class. Namely, you should be able to articulate the key attributes that are commonly associated with “property”; to describe the rules and policies related to initial acquisition and subsequent transfer of property rights in land, personal property, and some forms of intellectual property; to identify and solve problems regarding different types of ownership interests (including basic estates, future interests, and co-ownership interests); and to understand and apply different legal regimes that govern how people can use resources to which they or others have property rights (including the laws of nuisance, zoning, servitudes, and eminent domain). As you master these topics, you should also become familiar with the modes of argument and policy concerns that are typical in debates about property. Throughout the class, we will be attentive to how property law shapes and is shaped by systemic racism and other hierarchies of power. Spring 2022 Description: This is a basic survey of the law of property, examining the forms and methods by which property interests are acquired, transferred, used, and regulated. It will lay the groundwork for advanced courses in intellectual property, real estate transactions, trusts and estates, land use, and environmental law, among other topics. There is no printed casebook to buy for this class. We will be using a custom version of an open source property casebook, which will be posted on bCourses. Upon completion of the course, you should have achieved the following Berkeley Law Learning Outcomes: • Knowledge and understanding of substantive law • Legal analysis and reasoning, legal research, problem-solving, and written and oral communication in the legal context • Using the law to solve real-world problems and to create a more just society You should also achieve learning outcomes specific to this class. Namely, you should be able to articulate the key attributes that are commonly associated with “property”; to describe the rules and policies related to initial acquisition and subsequent transfer of property rights in land, personal property, and some forms of intellectual property; to identify and solve problems regarding different types of ownership interests (including basic estates, future interests, and co-ownership interests); and to understand and apply different legal regimes that govern how people can use resources to which they or others have property rights (including the laws of nuisance, zoning, servitudes, and eminent domain). As you master these topics, you should also become familiar with the modes of argument and policy concerns that are typical in debates about property. Throughout the class, we will be attentive to how property law shapes and is shaped by systemic racism and other hierarchies of power. Depending on the public health situation, this class may be conducted via Zoom to accommodate the instructor's family health situation. Spring 2023 Description: Property is a core legal and social institution: Its definition poses fundamental questions about efficiency, fairness, wealth distribution, and the tension between public and private rights. What can be owned? What does it mean to own or transfer property? How may the government permissibly regulate or take property? Though American property law has developed answers to these questions mainly in disputes over land, these questions take on new significance in the contexts of artistic and innovative creation, bodily integrity, the internet, and even space. This course examines property law and theory through the prism of these old and new resource conflicts. Fall 2023 Description: This is a basic survey of the law of property, examining the forms and methods by which property interests are acquired, transferred, used, and regulated. It will lay the groundwork for advanced courses in intellectual property, real estate transactions, trusts and estates, land use, and environmental law, among other topics. Upon completion of the course, you should have achieved the following Berkeley Law Learning Outcomes: • Knowledge and understanding of substantive law • Legal analysis and reasoning, legal research, problem-solving, and written and oral communication in the legal context • Ability to critically assess laws and legal institutions, including the ways in which they shape and are shaped by racism and other forms of systemic inequality • Using the law to solve real-world problems and to create a more just society You should also achieve learning outcomes specific to this class. Namely, you should be able to articulate the key attributes that are commonly associated with “property”; to describe the rules and policies related to initial acquisition and subsequent transfer of property rights; to identify and solve problems regarding different types of ownership interests (including basic estates, future interests, and co-ownership interests); to distinguish between freehold and nonfreehold estates, and between possessory and nonpossessory property rights; and to articulate constitutional, statutory, and common law limitations on the scope and use of property rights. As you master these topics, you should also become familiar with the modes of argument that are typical in debates about property, including fact-based, precedent-based, and policy-based arguments. Throughout the class, we will be attentive to how property law shapes and is shaped by systemic racism and other hierarchies of power. The course will be taught by Christine A. Klein, Professor Emeritus, University of Florida Levin College of Law, who obtained her law degrees from Columbia University Law School (LL.M.) and the University of Colorado Law School (J.D.). Professor Klein began her career as a water rights litigator in the Colorado Office of the Attorney General, and specializes in natural resources law, water rights law, and property law. Her CV and biographical information are available here: https://www.law.ufl.edu/faculty/christine-a-klein Spring 2024 Description: Property is a core legal and social institution: Its definition poses fundamental questions about efficiency, fairness, wealth distribution, and the tension between public and private rights. What can be owned? What does it mean to own or transfer property? How may the government permissibly regulate or take property? Though American property law has developed answers to these questions mainly in disputes over land, these questions take on new significance in the contexts of artistic and innovative creation, bodily integrity, the internet, and even space. This course examines property law and theory through the prism of these old and new resource conflicts. Fall 2024 Description: Property is a core legal and social institution: Its definition poses fundamental questions about efficiency, fairness, wealth distribution, and the tension between public and private rights. What can be owned? What does it mean to own or transfer property? How may the government permissibly regulate or take property? Though American property law has developed answers to these questions mainly in disputes over land, these questions take on new significance in the contexts of artistic and innovative creation, bodily integrity, the internet, and even space. This course examines property law and theory through the prism of these old and new resource conflicts. Spring 2025 Description: This course introduces students to Property Law. It views property as a core legal and social institution whose definition poses fundamental questions about efficiency, fairness, wealth distribution, and the tension between public and private rights. What can be owned? What does it mean to own or transfer property? How may the government permissibly regulate or take property? In grappling with these questions, the course will introduce students to the black-letter law in a range of doctrinal areas, from trespass to servitudes, zoning to landlord-tenant law. Simultaneously, the course will provide opportunities to practice the skill of written legal analysis. Finally, the course also emphasizes the larger dynamics implicated by property law. |
| Law 203.2 Private Law Theory 3 Units |
| Spring 2024: In-Person Fall 2024: In-Person |
| Description: Spring 2024 Description: Private law structures the legal building blocks that most profoundly affect our social and economic life, notably property, contract, and torts. It thus governs our relationships with each other in all the most important spheres of our lives: in the market, the workplace, the neighborhood, and our most intimate relations. Private law theories develop conceptual and normative analyses of these building blocks and critically investigate their meaning and implications. This Spring we will read and discuss major texts in contemporary contract theory. We will begin by investigating contract’s conceptual and normative foundations, examining the promise and transfer theories of contract; its conceptualization as collaboration or relationships; its conventional understanding and economic analysis; and the justice of contract - commutative, distributive, or relational. We will then turn to examine contracts in context, focusing on the markets and its limits and on the ways in which race, gender, and poverty are treated in, and affected by, contract law. The last part of the course will be dedicated to explore some further doctrines: boilerplates, default rules, fault vs. strict liability, the parol evidence rule and interpretation, and the rules governing the interests of third parties. Fall 2024 Description: Private law structures the legal building blocks that most profoundly affect our social and economic life, notably property, contracts, and torts. It thus governs our relationships with each other in all the most important spheres of our lives: in the market, the workplace, the neighborhood, and our most intimate relations. Private law theories develop conceptual and normative analyses of these building blocks and critically investigate their meaning and implications. This Fall we will read and discuss major texts in contemporary contract theory. We will begin by investigating contract’s conceptual and normative foundations, examining the promise and transfer theories of contract; its conceptualization as collaboration or relationships; its conventional understanding and economic analysis; and the justice of contract - commutative, distributive, or relational. We will then turn to examine contracts in context, focusing on the markets and its limits and on the ways in which race, gender, and poverty are treated in, and affected by, contract law. The last part of the course will be dedicated to exploring some further doctrines: boilerplates, default rules, fault vs. strict liability, the parol evidence rule and interpretation, and the rules governing the interests of third parties. |
| Law 206.4A Legal Research and Writing for LL.M. Students 2 Units |
| Fall 2020: Remote due to COVID Spring 2021: Remote due to COVID Fall 2021: In-Person Fall 2022: In-Person Fall 2023: In-Person Fall 2024: In-Person |
| Description: Fall 2020 Description: Legal Research and Writing introduces international LL.M. students to U.S. legal reasoning and practice by examining court opinions, teaching legal research methods, and developing skills of legal writing and oral presentation in the United States. The course emphasizes understanding the U.S. legal system, common law legal reasoning, legal problem solving, and effective written and oral communication of legal analysis. The course includes several written assignments building up to a final writing project of 15 to 19 pages, which satisfies the Capstone Writing Requirement. Students will also make a short oral presentation. This course is two credits and graded. Much of the learning in this course involves experiential exercises done in groups during class time. The collaborative aspect of this process greatly enhances student learning. As such, we strongly encourage students to attend class in real-time to the greatest extent possible. Please choose a section that works best for your schedule. Spring 2021 Description: Legal Research and Writing introduces international LL.M. students to U.S. legal reasoning and practice by examining court opinions, teaching legal research methods, and developing skills of legal writing and oral presentation in the United States. The course emphasizes understanding the U.S. legal system, common law legal reasoning, legal problem solving, and effective written and oral communication of legal analysis. The course includes several written assignments building up to a final writing project of 15 to 19 pages, which satisfies the Capstone Writing Requirement. Students will also make a short oral presentation. This course is two credits and graded. Much of the learning in this course involves experiential exercises done in groups during class time. The collaborative aspect of this process greatly enhances student learning. As such, we strongly encourage students to attend class in real-time to the greatest extent possible. Please choose a section that works best for your schedule. Fall 2021 Description: Legal Research and Writing introduces international LL.M. students to U.S. legal reasoning and practice by examining court opinions, teaching legal research methods, and developing skills of legal writing and oral presentation in the United States. The course emphasizes understanding the U.S. legal system, common law legal reasoning, legal problem solving, and effective written and oral communication of legal analysis. The course includes several written assignments building up to a final writing project of 15 to 20 pages, which satisfies the Capstone Writing Requirement. Students will also make a short oral presentation. Much of the learning in this course involves experiential exercises done in groups during class time. Fall 2022 Description: Legal Research and Writing introduces international LL.M. students to U.S. legal reasoning and practice by examining court opinions, teaching legal research methods, and developing skills of legal writing and oral presentation in the United States. The course emphasizes understanding the U.S. legal system, common law legal reasoning, legal problem solving, and effective written and oral communication of legal analysis. The course includes several written assignments building up to a final writing project of 15 to 20 pages, which satisfies the Capstone Writing Requirement. Students will also make a short oral presentation. Much of the learning in this course involves experiential exercises done in groups during class time. Fall 2023 Description: LL.M. Legal Research and Writing will introduce you to U.S. legal reasoning and practice by examining court opinions, teaching legal research methods, and developing skills of legal writing and oral presentation in the United States. The course emphasizes understanding the U.S. legal system, common law legal reasoning, legal problem solving, and effective written and oral communication of legal analysis. The course includes several written assignments building up to a final writing project of 3500 to 5000 words. Students will also make a short oral presentation. Fall 2024 Description: LL.M. Legal Research and Writing will introduce you to U.S. legal reasoning and practice by examining court opinions, teaching legal research methods, and developing skills of legal writing and oral presentation in the United States. The course emphasizes understanding the U.S. legal system, common law legal reasoning, legal problem solving, and effective written and oral communication of legal analysis. The course includes several written assignments building up to a final writing project of 3500 to 5000 words. Students will also make a short oral presentation. |
| Law 206.5 Advanced Legal Writing for LL.M.s 2 Units |
| Spring 2020: Remote due to COVID Spring 2021: Hybrid Spring 2022: In-Person Spring 2023: In-Person Spring 2024: In-Person Spring 2025: In-Person Instruction |
| Description: Spring 2020 Description: This course develops sophisticated legal writing skills to prepare international LL.M. students to work alongside U.S. attorneys and serve U.S. clients. The tasks in the course are designed to replicate and train students in handling the real-life project assignments typically encountered in a U.S. practice. Problems are drawn from California and New York bar examination performance tests. Students will gain exposure to a variety of legal writing projects, learn to use the U.S style of legal rhetoric in their writing, improve legal analysis and writing skills, and prepare for the bar exam. This course is divided into a series of tasks of varying type, complexity, and length. The types of problems vary, and may include such things as: an advice letter to a client, a research memo as an associate to a supervising partner, a factual affidavit for trial, closing arguments for trial, or a persuasive brief written for a judge. Students will work individually on most assignments, and will collaborate on some of them as well. Spring 2021 Description: This course will be taught as a hybrid course for students who will be physically located in or near Berkeley during the spring semester. Most class meetings will occur remotely using Zoom but will be in person April 17 as public health officials allow. This course develops sophisticated legal writing skills to prepare international students to serve U.S. clients. The tasks in the course are designed to replicate and train students in handling the real-life project assignments typically encountered in a U.S. practice. Problems are drawn from California and New York bar examination performance tests. Students will improve legal analysis and writing skills, work on legal writing style, and prepare for the bar exam. The types of problems in this course include such things as: an advice letter to a client, a research memorandum as an associate to a supervising partner, and a persuasive brief written for a judge. Students will work individually on most assignments, and will collaborate on some of them as well. Much of the learning in this course involves experiential exercises done in groups during class time. The collaborative aspect of this process greatly enhances student learning. As such, we strongly encourage students to attend class in real-time to the greatest extent possible. Please choose a section meeting time that works best for your schedule. Spring 2022 Description: This course develops sophisticated legal writing skills to prepare international students to work alongside U.S. attorneys and serve U.S. clients. The tasks in the course are designed to replicate and train students in handling the real-life project assignments typically encountered in a U.S. practice. Problems are drawn from California and New York bar examination performance tests. Students will gain exposure to a variety of legal writing projects, learn to use the U.S style of legal rhetoric in their writing, improve legal analysis and writing skills, and prepare for the bar exam. This course is divided into a series of tasks of varying type, complexity, and length. The types of problems vary, and may include such things as: an advice letter to a client, a research memo as an associate to a supervising partner, a factual affidavit for trial, closing arguments for trial, or a persuasive brief written for a judge. Students will work individually on most assignments, and will collaborate on some of them as well. Spring 2023 Description: This course develops sophisticated legal writing skills to prepare international LL.M. students to serve U.S. clients. The tasks in the course are designed to replicate and train students in handling the real-life project assignments typically encountered in a U.S. practice. Problems are drawn from California and New York bar examination performance tests. Students will improve legal analysis and writing skills, work on legal writing style, and prepare for the bar exam. The types of problems in this course include such things as: an advice letter to a client, a research memorandum as an associate to a supervising partner, and a persuasive brief written for a judge. Students will work individually on most assignments, and will collaborate on some of them as well. Spring 2024 Description: This course is meant to prepare international students to work alongside U.S. attorneys and serve U.S. clients. The tasks in the course are designed to replicate and train students in handling the real-life project assignments typically encountered in a U.S. practice. Problems are drawn from California and New York bar examination performance tests. Students will gain exposure to a variety of legal writing projects, learn to use the U.S style of legal rhetoric in their writing, improve legal analysis and writing skills, and prepare for the bar exam. This course is divided into a series of tasks of varying type, complexity, and length. The types of problems vary, and may include such things as: an advice letter to a client, a research memo as an associate to a supervising partner, or a persuasive brief written for a judge. Students will work individually on most assignments, and will collaborate on some of them as well. This course is not a substitute for a Bar Prep class. Spring 2025 Description: This course is meant to introduce international students to the California and New York bar examination performance tests, and to prepare students to work alongside U.S. attorneys and serve U.S. clients. The tasks in the course are designed to replicate and train students in handling the real-life project assignments typically encountered in a U.S. practice. Problems are drawn from California and New York bar examination performance tests. Students will gain exposure to a variety of legal writing projects, learn to use the U.S style of legal rhetoric in their writing, improve legal analysis and writing skills, and prepare for the bar exam. This course is divided into a series of tasks of varying type, complexity, and length that a student may encounter on the bar exam performance test section. The types of problems vary, and may include such things as: an advice letter to a client, a research memo as an associate to a supervising partner, or a persuasive brief written for a judge. Students will work individually on most assignments, and will collaborate on some of them as well. This course is not a substitute for a Bar Prep class. |
| Law 206.51S LRW: Advanced Scholarship 2 Units |
| Summer 2021: Remote due to COVID Summer 2022: In-Person Summer 2023: In-Person Summer 2024: In-Person Summer 2025: In-Person |
| Description: Summer 2021 Description: The course is primarily designed for Option A students with a U.S. or Canadian J.D. (common law course of study) to take in conjunction with the capstone workshop in the fall. It emphasizes high-level research and analysis. Students will prepare written work typical of legal scholarship, involving sophisticated analysis of legal and related materials, and they will receive written and oral feedback from the Instructor. They will also have the opportunity to hear presentations of cutting-edge scholarship by members of the Berkeley faculty. Written work will include a draft of the Capstone Project that will be completed in the Fall semester. Students interested in enrolling, must receive approval from Professor Farber. Summer 2022 Description: The course is primarily designed for remote + summer students with a U.S. or Canadian J.D. (common law course of study) to take in conjunction with the capstone workshop in the fall. Other students must receive approval from Professor Farber in order to enroll. The course emphasizes high-level research and analysis. Paper topics are selected by the students with guidance from the instructor. Students will prepare written work typical of legal scholarship, involving sophisticated analysis of legal and related materials, and they will receive written and oral feedback from the Instructor. Written work will include a draft of the Capstone Project that will be completed in the Fall semester. Students who are not remote + summer but interested in enrolling, must receive approval from Professor Farber (dfarber@berkeley.edu). Summer 2023 Description: The course is primarily designed for remote + summer students and 1S students with a U.S. or Canadian J.D. (common law course of study) to take in conjunction with the capstone workshop in the fall. Other students are encouraged to apply but must receive approval from Professor Farber to enroll. The course emphasizes high-level research and analysis. Paper topics are selected by the students with guidance from the instructor. Students will prepare written work typical of legal scholarship, involving sophisticated analysis of legal and related materials, and they will receive written and oral feedback from the Instructor. Written work will include a draft of the Capstone Project that will be completed in the Fall semester. Students who are not remote + summer or entering 1S students with a Canadian or US JD, but interested in enrolling, must receive approval from Professor Farber. Please submit this application: https://docs.google.com/forms/d/e/1FAIpQLScDxL3lxeFUcKXDPn0VoKZaLE5vvqiWx0LYMoQjoXCZQftHNw/viewform?usp=sf_link Summer 2024 Description: The course is primarily designed for remote + summer students and 1S students with a U.S. or Canadian J.D. (common law course of study) to take in conjunction with the capstone workshop in the fall. Other students interested in scholarly writing are encouraged to apply but must receive approval from Professor Farber to enroll. The course emphasizes high-level research and analysis. Paper topics are selected by the students with guidance from the instructor. Students will prepare written work typical of legal scholarship, involving sophisticated analysis of legal and related materials, and they will receive written and oral feedback from the Instructor. Written work will include a complete draft of an academic paper. For students in the Remote + Summer program, this paper will serve as the first draft of the Capstone Project that they will complete in the Fall semester Capstone Writing Workshop. Students who are not remote + summer or entering 1S students with a Canadian or US JD are encouraged to apply for enrollment. To receive approval from Prof. Farber, those students must submit this application: https://docs.google.com/forms/d/e/1FAIpQLScDxL3lxeFUcKXDPn0VoKZaLE5vvqiWx0LYMoQjoXCZQftHNw/viewform?usp=sf_link Summer 2025 Description: The course is primarily designed for remote + summer students and 1S students with a U.S. or Canadian J.D. (common law course of study) to take in conjunction with the capstone workshop in the fall. Other students interested in scholarly writing are encouraged to apply but must receive approval from Professor Farber to enroll. The course emphasizes high-level research and analysis. Paper topics are selected by the students with guidance from the instructor. Students will prepare written work typical of legal scholarship, involving sophisticated analysis of legal and related materials, and they will receive written and oral feedback from the Instructor. Written work will include a complete draft of an academic paper. For students in the Remote + Summer program, this paper will serve as the first draft of the Capstone Project that they will complete in the Fall semester Capstone Writing Workshop. Final papers are due on August 8th. Students who are not remote + summer or entering 1S students with a Canadian or US JD are encouraged to apply for enrollment by emailing Professor Farber. Dan Farber is the Sho Sato Professor of Law at the University of California, Berkeley. He is also the Faculty Director of the Center for Law, Energy, and the Environment. Professor Farber is a member of the American Academy of Arts and Sciences and a Life Member of the American Law Institute. Professor Farber is a graduate of the University of Illinois, where he earned his B.A., M.A., and J.D. degrees. He graduated, summa cum laude, from the College of Law, where he was the class valedictorian and served as editor-in-chief of the University of Illinois Law Review. After law school, he was a law clerk for Judge Philip W. Tone of the U.S. Court of Appeals for the Seventh Circuit and then for Justice John Paul Stevens of the U.S. Supreme Court. Professor Farber practiced law with Sidley & Austin, where he primarily worked on energy issues, before returning to the University of Illinois as a faculty member in 1978. He taught at the University of Minnesota Law School faculty from 1981 to 2002, where he was the McKnight Presidential Professor of Public Law. He also has been a visiting professor at the Stanford Law School, Harvard Law School, and the University of Chicago Law School. His most recent book is Contested Ground: How to Understand the Limits on Presidential Power (UC Press 2021). His earlier books include Research Handbook on Public Choice and Public Law (Elgar 2010) (with A. O’Connell); Judgment Calls: Politics and Principle in Constitutional Law (Oxford University Press 2008) (with S. Sherry); Retained by the People: The “Silent” Ninth Amendment and the Rights Americans Don’t Know They Have (Basic Books 2007); Lincoln’s Constitution (University of Chicago Press 2003); and Eco-Pragmatism: How to Make Sensible Environmental Decisions in an Uncertain World (University of Chicago Press 1999). |
| Law 206.52S Writing to Persuade: How to Win the Hearts and Minds of Any Audience 1 Units |
| Summer 2023: In-Person Summer 2024: In-Person |
| Description: Summer 2023 Description: Do you have an opinion, personal story, or call to action you want to share with the world in real time? Have you always wanted to see your name in a byline or know how to write an irresistible pitch? This interactive course on the craft of persuasive media writing will show you how. Media writing is an important skill for lawyers to have in their toolkit. In addition to using written argument in traditional legal advocacy, lawyers also increasingly use the media to advocate for their clients and causes. And sometimes, one opinion article in a major news outlet can bring about change that would have taken years in litigation. Effective media writing requires that lawyers write in clear, persuasive, and personal terms. This course will help students build these critical skills. We will start by examining how to leverage different types of expertise. Individuals of all backgrounds and legal fields have much to contribute to society’s pressing debates. Next, we will deconstruct the opinion writing form, analyzing a range of structures and techniques of persuasion. This will include best practices for hooking readers, arguing with evidence, and simplifying technical information. From there, we will hone the haiku-like skill of persuasive writing, namely, how to pack a big punch in few words. And since timing and placement are everything, students will learn how to identify what aspect of a story makes it attention-worthy and to craft winning media pitches. Throughout the course, we will critique media pieces on varied topics, read articles on effective persuasive writing, and do in-class group exercises. Students will come away from the course with actionable writing skills for amplifying their voice and message in the public arena, to win the hearts and minds of legal and lay audiences alike. Summer 2024 Description: Do you have an opinion, personal story, or call to action you want to share with the world in real-time? Have you always wanted to see your name in a byline or know how to write an irresistible pitch? This interactive course on the craft of persuasive media writing will show you how. Media writing is an important skill for lawyers to have in their toolkit. In addition to using written argument in traditional legal advocacy, lawyers also increasingly use the media to advocate for their clients and causes. And sometimes, one opinion article in a major news outlet can bring about change that would have taken years in litigation. Effective media writing requires that lawyers write in clear, persuasive, and personal terms. This course will help students build these critical skills. We will start by examining how to leverage different types of expertise. Individuals of all backgrounds and legal fields have much to contribute to society’s pressing debates. Next, we will deconstruct the opinion writing form, analyzing a range of structures and techniques of persuasion. This will include best practices for hooking readers, arguing with evidence, and simplifying technical information. We will also discuss how these techniques apply broadly to various forms of writing, such as project pitches, client letters, and more. From there, we will hone the haiku-like skill of persuasive writing, namely, how to pack a big punch in few words. And since timing and placement are everything, students will learn how to identify what aspect of a story makes it attention-worthy and to craft winning media pitches. Throughout the course, we will critique media pieces on varied topics, read articles on effective persuasive writing, and do in-class group exercises. Students will come away from the course with actionable writing skills for amplifying their voice and message in the public arena, to win the hearts and minds of legal and lay audiences alike. It is anticipated that the course will feature at least one guest speaker. (Previous guest speakers include Berkeley Law Dean Erwin Chemerinsky and San Francisco Chronicle Deputy Editorial Page Editor Zeba Khan.) Instructor Bio: Rose Carmen Goldberg is an award-winning opinion author, including recognitions from the National Society of Newspaper Columnists and National Federation of Press Women. Her writing has appeared in numerous outlets, including the Los Angeles Times, Wall Street Journal, Washington Post, and New York Times. She teaches writing courses and veterans law at Berkeley Law. She has also taught opinion writing at Stanford University and a course on medical-legal partnerships at Columbia University. Outside of teaching, Rose practices impact litigation and policy advocacy as a Deputy Attorney General in the California Attorney General’s Office. Previously, she worked at the White House under President Obama, in the U.S. Senate, and at the U.S. Department of Health and Human Services. Rose received a JD from Yale Law School and an MPA from Columbia University. Due to the condensed nature of this course, in-person attendance at all course sessions is mandatory. Absences cannot be excused for any reason, including illness or emergencies. The Registrar’s Office will drop any student who misses a session. |
| Law 206.5S LLM Legal Research and Writing LLM (Spring Start Executive Track Option) 2 Units |
| Summer 2021: Remote due to COVID Summer 2022: In-Person Summer 2023: In-Person Summer 2024: In-Person Summer 2025: In-Person Instruction |
| Description: Summer 2021 Description: Legal Research and Writing for LL.M. Students aims to provide a solid foundation in U.S. legal analysis and communication while teaching students the skills they need to maneuver skillfully through Berkeley Law and U.S. legal culture. This two-credit course teaches case analysis, research strategies, and effective written and oral communication methods. Students focus on predictive legal analysis and writing. The curriculum integrates research instruction with writing assignments. Students also learn basic U.S. legal citation requirements and form. Instruction takes place in small sections led by instructors with extensive legal practice experience. Over the course of the semester, students will prepare a series of research and writing assignments. They will receive extensive feedback on their writing, attend one-on-one conferences with the instructor, and develop revision skills. Much of the learning in this course involves experiential exercises done in groups during class time. The collaborative aspect of this process greatly enhances student learning. As such, we strongly encourage students to attend class in real-time to the greatest extent possible. By the end of this course, students will research and write a draft of their Capstone Project, which is a legal memorandum of 20 to 23 pages in length. In the fall Capstone Writing Workshop (online), students will revise and polish the Capstone Project. On Wednesday, August 4th, class will be held from 4:00-8:00pm. Summer 2022 Description: Legal Research and Writing for LL.M. Students aims to provide a solid foundation in U.S. legal analysis and communication while teaching students the skills they need to maneuver skillfully through Berkeley Law and U.S. legal culture. This two-credit course teaches case analysis, research strategies, and effective written and oral communication methods. Students focus on predictive legal analysis and writing. The curriculum integrates research instruction with writing assignments. Students also learn basic U.S. legal citation requirements and form. Much of the learning in this course involves experiential exercises done in groups during class time. The collaborative aspect of this process greatly enhances student learning. Instruction takes place in small sections led by instructors with extensive legal practice experience. Over the course of the semester, students will prepare a series of research and writing assignments. They will receive extensive feedback on their writing, attend one-on-one conferences with the instructor, and develop revision skills. Summer 2023 Description: Legal Research and Writing for LL.M. Students aims to provide a solid foundation in U.S. legal analysis and communication while teaching students the skills they need to maneuver skillfully through Berkeley Law and U.S. legal culture. This two-credit course teaches case analysis, research strategies, and effective written and oral communication methods. Students focus on predictive legal analysis and writing. The curriculum integrates research instruction with writing assignments. Students also learn basic U.S. legal citation requirements and form. Much of the learning in this course involves experiential exercises done in groups during class time. The collaborative aspect of this process greatly enhances student learning. Instruction takes place in small sections led by instructors with extensive legal practice experience. Over the course of the semester, students will prepare a series of research and writing assignments. They will receive extensive feedback on their writing, attend one-on-one conferences with the instructor, and develop revision skills. Summer 2024 Description: LL.M. Legal Research and Writing (LRW) introduces students to U.S. legal reasoning and practice by examining court opinions, teaching legal research methods, and developing skills of legal writing and oral presentation in the United States. The course emphasizes understanding the U.S. legal system, common law legal reasoning, legal problem solving, and effective written and oral communication of legal analysis. The spring 1-unit LRW course is part of a series of three courses that students will complete during their LL.M. degree. During the spring semester (remote), students will learn basic analysis, writing, and citation skills, which will help them to complete writing assignments in U.S. law school and legal practice. During the summer (in person), they will complete 1-unit of LRW, where they will learn legal research methods and draft their Capstone Writing Project (a legal memorandum of 5,000 to 6,000 words on an assigned topic). Students will also make a short oral presentation on a topic of their choice. During the fall semester (remote), students will complete the 1-unit Capstone Writing Workshop, in which they will revise and edit their Capstone Writing Project. Summer 2025 Description: This course provides instruction in legal research, analysis, and writing. |
| Law 206.76 J.S.D. Legal Scholarship Seminar 1 Units |
| Fall 2020: Remote due to COVID Fall 2021: In-Person Fall 2022: In-Person Fall 2023: In-Person Fall 2024: In-Person |
| Description: Fall 2020 Description: The seminar will provide students with a foundation for conducting in-depth legal research and support the students with developing their proposed dissertation project. We will explore the following: different types of research, how to plan a research project, research methodology, and review available organizational tools. Students will also gain a better understanding of what research resources are available on their chosen topics. Students will have opportunities to discuss their research projects and ideas with the group and participate in constructive discussion and feedback. At the end of the seminar, students will have made progress on developing an outline/prospectus on their proposed dissertation project. The seminar is required for all entering JSD students. Enrollment is limited to JSD students. This course will have 7 class meetings. To allow for a makeup class because of unforeseen circumstances this course has an automatic make-up class scheduled for the 8th week. Students must be able to attend all 8 scheduled meetings to earn credit. Fall 2021 Description: The seminar will provide students with a foundation for conducting in-depth legal research and support the students with developing their proposed dissertation project. We will explore the following: different types of research, how to plan a research project, research methodology, and review available organizational tools. Students will also gain a better understanding of what research resources are available on their chosen topics. Students will have opportunities to discuss their research projects and ideas with the group and participate in constructive discussion and feedback. At the end of the seminar, students will have made progress on developing an outline/prospectus on their proposed dissertation project. The seminar is required for all entering JSD students. Enrollment is limited to JSD students. This course will have 7 class meetings. To allow for a makeup class because of unforeseen circumstances this course has an automatic make-up class scheduled for the 8th week. Students must be able to attend all 8 scheduled meetings to earn credit. There will be an additional one-unit class (7 class meetings) in the Spring and it will build upon the themes from the Fall semester. Fall 2022 Description: The seminar will provide students with a foundation for conducting in-depth legal research and support the students with developing their proposed dissertation project. We will explore the following: different types of research, how to plan a research project, research methodology, and review available organizational tools. Students will also gain a better understanding of what research resources are available on their chosen topics. Students will have opportunities to discuss their research projects and ideas with the group and participate in constructive discussion and feedback. At the end of the seminar, students will have made progress on developing a research outline for their proposed dissertation project. The seminar is required for all entering JSD students. Enrollment is limited to JSD students. This course will have 7 class meetings. To allow for a makeup class because of unforeseen circumstances this course has an automatic make-up class scheduled for the 8th week. Students must be able to attend all 8 scheduled meetings to earn credit. There will be an additional one-unit class (7 class meetings) in the Spring and it will build upon the themes from the Fall semester. Fall 2023 Description: The seminar will provide students with a foundation for conducting in-depth legal research and support the students with developing their proposed dissertation project. We will explore the following: different types of research, how to plan a research project, research methodology, and review available organizational tools. Students will also gain a better understanding of what research resources are available on their chosen topics. Students will have opportunities to discuss their research projects and ideas with the group and participate in constructive discussion and feedback. At the end of the seminar, students will have made progress on developing a research outline for their proposed dissertation project. The seminar is required for all entering JSD students. Enrollment is limited to JSD students. This course will have 7 class meetings. To allow for a makeup class because of unforeseen circumstances this course has an automatic make-up class scheduled for the 8th week. Students must be able to attend all 8 scheduled meetings to earn credit. There will be an additional one-unit class (7 class meetings) in the Spring and it will build upon the themes from the Fall semester. Fall 2024 Description: The seminar will provide J.S.D. students with a foundation for conducting in-depth legal research and support the students with developing their proposed dissertation project. We will explore the following: different types of research, how to plan a research project, research methodology, and review available organizational tools, and more. J.S.D. students will also gain a better understanding of what research resources are available for their chosen topics. J.S.D. students will have opportunities to discuss their research projects and ideas with the group and participate in constructive discussion and feedback. At the end of the seminar, students will have made progress on developing a research outline on their proposed dissertation topic by exploring secondary sources and other research resources. |
| Law 206.77 J.S.D. Scholarship Seminar II 1 Units |
| Spring 2022: In-Person |
| Description: Spring 2022 Description: This seminar is open to all J.S.D. students and enrollment is limited to J.S.D. students. This course will build upon the Fall J.S.D. Legal Scholarship Seminar I and will cover topics not covered in that course. All J.S.D. students are encouraged to register. Most of the course will be interactive and have a series of guest speakers. Topics may include how to get published, using the Bluebook effectively, public speaking tips, and information sharing with other students in the program. This course will develop and evolve based on the interests and needs of the students. |
| Law 206C Note Publishing Workshop 1 Units |
| Spring 2020: Remote due to COVID Spring 2021: Remote due to COVID Spring 2022: In-Person Spring 2023: In-Person Spring 2024: In-Person Spring 2025: In-Person |
| Description: Spring 2020 Description: The goal of the Note Publishing Workshop is to help students produce a publishable casenote or comment by the end of the term. Workshop participants will meet as a group for seven two-hour sessions (on scheduled weeks) in Spring 2020; as individuals, they will meet regularly with a faculty instructors on a mutually convenient schedule to be determined. The instructors will supervise and facilitate the workshop meetings and will provide individualized feedback on each participant’s draft. Workshop activities will include examination of published (sample) notes, presentation of work by each participant to the group, and detailed responses by all participants to the work of peers. In addition, workshops will focus on key components of note composition, including titles, abstracts, claims-making and/or the statement of hypotheses and research questions, general stylistic issues, obstacles to revision, and the finalizing of drafts. Students will receive credit for the workshop by producing a publishable note or comment, as determined by the instructors. Interested students must have completed a draft of a paper by the end of the Fall Semester, preferably in conjunction with a writing seminar or a Law 299 individual writing program. Interested students are strongly encouraged to meet with a research librarian and attend California Law Review events (open to all students) that are designed to answer your questions about note publishing. Reach out to the Senior Notes Editor of CLR at hanne.jensen@berkeley.edu for events happening this semester. To apply to this course, students should submit their draft paper to Professor Sugarman via email (sugarman@berkeley.edu) by the end of day on December 16th. Enrollment is limited to 12 students. If more apply by the deadline, students will be admitted based upon the instructors’ judgment about the promise of publishing of the submitted paper. The specific Thursday classes will be as follows: January 16th January 23rd February 6th February 13 February 20th March 5th March 19th April 9th April 23rd Spring 2021 Description: The goal of the Note Publishing Workshop is to help students produce a publishable casenote or comment by the end of the term. Workshop participants will meet as a group for seven two-hour sessions (on scheduled weeks) in Spring 2021; as individuals, they will meet regularly with faculty instructors on a mutually convenient schedule to be determined. The instructors will supervise and facilitate the workshop meetings and will provide individualized feedback on each participant’s draft. Workshop activities will include examination of published (sample) notes, presentation of work by each participant to the group, and detailed responses by all participants to the work of peers. In addition, workshops will focus on key components of note composition, including titles, abstracts, claims-making and/or the statement of hypotheses and research questions, general stylistic issues, obstacles to revision, and the finalizing of drafts. Students will receive credit for the workshop by producing a publishable note or comment, as determined by the instructors. Interested students must have completed a draft of a paper by the end of the Fall Semester, preferably in conjunction with a writing seminar or a Law 299 individual writing program. Interested students are strongly encouraged to meet with a research librarian and attend California Law Review events (open to all students) that are designed to answer your questions about note publishing. Reach out to the Senior Notes Editor of CLR at stephanietilden@berkeley.edu for events happening this semester. To apply to this course, students should submit their draft paper to Professor Ross via email (bross@law.berkeley.edu) by the end of day on December 18th. Enrollment is limited to 12 students. If more apply by the deadline, students will be admitted based upon the instructors’ judgment about the potential to publish the submitted paper. The course will meet these dates: 1/25, 2/1, 2/8, 2/22, 3/1, 4/12, and 4/19 Spring 2022 Description: The goal of the Note Publishing Workshop is to help students produce a publishable casenote or comment by the end of the term. Workshop participants will meet as a group for seven two-hour sessions (on scheduled weeks) in Spring 2022; as individuals they will meet regularly with faculty instructors on a mutually convenient schedule to be determined. The instructors will supervise and facilitate the workshop meetings and will provide individualized feedback on each participant’s draft. Workshop activities will include examination of published (sample) notes, presentation of work by each participant to the group, and detailed responses by all participants to the work of peers. In addition, workshops will focus on key components of note composition, including titles, abstracts, claims-making and/or the statement of hypotheses and research questions, general stylistic issues, obstacles to revision, and the finalizing of drafts. Students will receive credit for the workshop by producing a publishable note or comment, as determined by the instructors. Interested students must have completed a draft of a paper by the end of the Fall Semester, preferably in conjunction with a writing seminar or a Law 299 individual writing program. Interested students are strongly encouraged to meet with a research librarian and attend California Law Review events (open to all students) that are designed to answer your questions about note publishing. Reach out to the Senior Notes Editor of CLR at amy-reavis@berkeley.edu for events happening this semester. To apply to this course, students should submit their draft paper to Faculty Assistant Thomas Tallerico via email (thomastallerico@berkeley.edu) by the end of day on December 16th. Enrollment is limited to 12 students. If more apply by the deadline, students will be admitted based upon the instructors’ judgment about the potential to publish the submitted paper. The course will meet these dates: January 24th January 31st February 14th February 28th March 14th March 28th April 11th Spring 2023 Description: The goal of the Note Publishing Workshop is to help students produce a publishable casenote or comment by the end of the term. Workshop participants will meet as a group for seven two-hour sessions (on scheduled weeks) in Spring 2023; as individuals they will meet regularly with faculty instructors on a mutually convenient schedule to be determined. The instructors will supervise and facilitate the workshop meetings and will provide individualized feedback on each participant’s draft. Workshop activities will include examination of published (sample) notes, presentation of work by each participant to the group, and detailed responses by all participants to the work of peers. In addition, workshops will focus on key components of note composition, including titles, abstracts, claims-making and/or the statement of hypotheses and research questions, general stylistic issues, obstacles to revision, and the finalizing of drafts. Students will receive credit for the workshop by producing a publishable note or comment, as determined by the instructors. Interested students must have completed a draft of a paper by the end of the Fall Semester, preferably in conjunction with a writing seminar or a Law 299 individual writing program. Interested students are strongly encouraged to meet with a research librarian and attend California Law Review events (open to all students) that are designed to answer your questions about note publishing. To apply to this course, students should submit their draft paper to Faculty Assistant Thomas Tallerico via email (thomastallerico@berkeley.edu) by the end of day on December 15th. Enrollment is limited to 12 students. If more apply by the deadline, students will be admitted based upon the instructors’ judgment about the potential to publish the submitted paper. Spring 2024 Description: The goal of the Note Publishing Workshop is to help students produce a publishable casenote or comment by the end of the term. Workshop participants will meet as a group for seven two-hour sessions (on scheduled weeks) in Spring 2024; as individuals they will meet regularly with faculty instructors on a mutually convenient schedule to be determined. The instructors will supervise and facilitate the workshop meetings and will provide individualized feedback on each participant’s draft. Workshop activities will include examination of published (sample) notes, presentation of work by each participant to the group, and detailed responses by all participants to the work of peers. In addition, workshops will focus on key components of note composition, including titles, abstracts, claims-making and/or the statement of hypotheses and research questions, general stylistic issues, obstacles to revision, and the finalizing of drafts. Students will receive credit for the workshop by producing a publishable note or comment, as determined by the instructors. Interested students must have completed a draft of a paper by the end of the Fall Semester, preferably in conjunction with a writing seminar or a Law 299 individual writing program. Interested students are strongly encouraged to meet with a research librarian and attend California Law Review events (open to all students) that are designed to answer your questions about note publishing. If you'd like to apply to take the Note Publishing Workshop with Professors Robinson and Aneja, please email a draft paper to aneja@berkeley.edu and rkrobins@berkeley.edu by the end of day on December 29th. Enrollment is limited to 12 students. If more apply by the deadline, students will be admitted based upon the instructors’ judgment about the potential to publish the submitted paper. Students who sent a previous application to Thomas Tallerico must now update their application by sending their papers directly to Professors Robinson and Aneja. Spring 2025 Description: The goal of the Note Publishing Workshop is to help students turn an existing draft paper into a publishable note, comment, or other law review article by the end of the term. Workshop participants will meet as a group for seven two-hour sessions (on scheduled weeks) in Spring 2025; they will also meet individually with faculty instructors on a mutually convenient schedule to be determined. The instructors will supervise and facilitate the workshop meetings and will provide individualized feedback on each participant’s draft. Workshop activities will include examination of published (sample) notes and articles, presentation of work by each participant to the group, and detailed responses by all participants to the work of peers. In addition, workshops will focus on key components of note/article composition, including titles, abstracts, literature "entry points," claims-making and/or the statement of hypotheses and research questions, general stylistic issues, obstacles to revision (including psychological obstacles!), and the finalizing of drafts. Students will receive credit for the workshop by meaningfully revising their drafts papers into publishable-quality notes, comments, or articles, as determined by the instructors. Interested students *must have completed* the paper they are interested in revising during the workshop by the workshop application deadline near the end of the 2024 Fall Semester, preferably in conjunction with a writing seminar or a Law 299 individual writing program. Interested students are strongly encouraged to meet with a research librarian and attend California Law Review events (open to all students) that are designed to answer your questions about publishing. To apply to this course, students should submit their draft paper to Faculty Assistant Midori Kimata via email (midori.kimata@berkeley.edu) by the end of day on November 8th. Please use "Application for Spring 2025 Note Publishing Workshop" as your email subject line. Responses will be provided by the end of day on November 18th. Enrollment is limited to 12 students. If more than 12 students apply by the deadline, students will be admitted based upon the instructors’ judgment about the paper's potential for revision into a publishable note/article within the time frame of the class. After the deadline passes, late applications will be considered on a rolling basis as space permits. |
| Law 207 Representing Spanish-Speaking Clients: Language, Culture, and Emotional Intelligence 1 Units |
| Spring 2020: Remote due to COVID Spring 2021: Remote due to COVID Spring 2022: In-Person Instruction Fall 2023: In-Person |
| Description: Spring 2020 Description: Representing Spanish-Speaking Clients: Language, Culture, and Emotional Intelligence is a one-unit class aimed at exposing students (who already have a working knowledge of spoken Spanish) to Spanish-language legal concepts, terminology, settings, and topics and will emphasize speaking and listening comprehension. The materials and topics will be based on law and procedure in such areas as employment, immigration, housing, and personal injury law. The class will also cover materials to strengthen cultural awareness and emotional intelligence as tools that are necessary to effectively represent Spanish-Speaking clients. Classroom presentations, activities, simulations, discussions, and readings will be in Spanish, with limited exceptions. Students will have the opportunity to practice their Spanish, with a view toward being comfortable communicating with clients who are monolingual or dominant in Spanish. Students are expected to participate and contribute to each bi-weekly session, and will conduct a final oral presentation in lieu of an exam or paper. Fernando Flores is an attorney, high performance coach, entrepreneur, speaker, podcaster, and author. In his current role he is the Founder of iMATER NOW. Fernando established iMATER NOW to foster and promote wellness in the legal profession and he supports and coaches attorneys and professionals in this regard. Prior to founding iMATER NOW Fernando worked for the California Labor Commissioner’s office, was the Director of the Wage and Hour Litigation Program at Legal Aid at Work, and was a Staff Attorney at Centro Legal de la Raza and the Legal Aid Foundation of Los Angeles. Fernando received his J.D. from the University of California, Davis School of Law in 2007 and his B.A. in Sociology and Rhetoric from the University of California, Berkeley in 2004. Spring 2021 Description: Representing Spanish-Speaking Clients: Language, Culture, and Emotional Intelligence is a one-unit class aimed at exposing students (who already have a working knowledge of spoken Spanish) to Spanish-language legal concepts, terminology, settings, and topics and will emphasize speaking and listening comprehension. The materials and topics will be based on law and procedure in such areas as employment, immigration, housing, and personal injury law. The class will also cover materials to strengthen cultural awareness and emotional intelligence as tools that are necessary to effectively represent Spanish-speaking clients. Classroom presentations, activities, simulations, discussions, and readings will be in Spanish, with limited exceptions. Students will have the opportunity to practice their Spanish, with a view toward being comfortable communicating with clients who are monolingual or dominant in Spanish. Students are expected to participate and contribute to each bi-weekly session, and will conduct a final oral presentation in lieu of an exam or paper. This course will meet every other week: 1/25, 2/8, 2/22, 3/8, 3/29, 4/12 and 4/26. Due to the nature of this class, real-time attendance is required (without an alternative way to earn equivalent credit) except in cases of illness or emergency. Fernando Flores is an attorney, high performance coach, entrepreneur, speaker, podcaster, and author. Currently, he is the Founder of Health and Wellness University. Fernando established Health and Wellness University to foster and promote wellness in the legal profession and he supports and coaches attorneys and professionals in this regard. Prior to founding Health and Wellness University Fernando worked for the California Labor Commissioner’s office, was the Director of the Wage and Hour Litigation Program at Legal Aid at Work, and was a Staff Attorney at Centro Legal de la Raza and the Legal Aid Foundation of Los Angeles. Fernando received his J.D. from the University of California, Davis School of Law in 2007 and his B.A. in Sociology and Rhetoric from the University of California, Berkeley in 2004. Spring 2022 Description: empty Fall 2023 Description: Conservative estimates suggest 40.2 % of California residents are “Hispanic or Latino”, yet, Latinx account for only 7 % of California’s licensed active attorneys. This disparity results in a lack of access to effective legal representation for Spanish speaking populations. Relying on untrained translators to fill the gap can result in even greater problems, due to the increased potential for privacy and confidentiality violations. Knowing how to work with Spanish speakers effectively and providing culturally competent legal services is currently and will increasingly be a marketable skill. Examining the social norms, legal institutions and sociocultural biases that affect the provision of legal services for Spanish speakers helps correct racial bias and create a more equitable legal system. It’s not enough for attorneys to be able to speak Spanish, they must also know how to provide culturally competent representation. This class will provide the tools students need to offer culturally competent legal services. Specifically, you will learn: 1. An overview of the history of Spanish speakers in California and the United States, including the discussion of caselaw and policy that targets Spanish speakers for speaking Spanish; 2. Common legal issues facing Spanish speakers; 3. Working effectively with translators; 4. Exploring cultural practices that will help attorneys connect with Spanish speakers (without falling into racist tropes). The reading for the course will be a mix of case law, history books, first person essays, government studies and reports, statutes, and advocacy pieces. All levels of Spanish welcome. |
| Law 207.1 Law and Order 3 Units |
| Spring 2023: In-Person |
| Description: Spring 2023 Description: When not mistaken for a television series, "law and order" names an ideal at least as old as the United States and deeply infused into law and politics. This course explores “law and order” as a mode of governance with specific attention to its course in the United States, but with an interest in its global reach. While "law and order" has implications for the entire scope of the criminal legal system, this course will focus on policing as the dominant expression and manifestation of law and order governance. Combining low social status with extraordinary and largely unaccountable legal power to let live or kill people, police have long confounded legal and political theorists. This course will examine the political development of policing in the broadest sense from the Revolution through the murder of George Floyd in the summer of 2020. In the 18th century police included all manner of regulatory, educational and legal efforts to foster the health and safety of the community. By the middle of the 19th century police had come to mean the paid uniformed services that were increasingly deemed essential to cities large enough to afford them. including the way 18th century thinkers understood police as the full range of regulations that could help govern cities, as well as the major institutional models available as it evolved in the 19th century including the slave patrol, the armed settler militia, and the London Metropolitan police. We will also examine the police as a subject of governance at the federal, state and local level starting with the Wickersham Commission report on the national failure of prohibition enforcement, through the post-war efforts to reform the police through both constitutional intervention and professionalization as well as recent calls to defund, transform or even abolish the police. Evaluation will be through a research paper of around 15 to 20 pages that can be aimed at either academic or advocacy audiences and will be an Option 1 paper for the JD writing requirement. |
| Law 207.5 Advanced Legal Writing 3 Units |
| Spring 2020: Remote due to COVID Fall 2020: Remote due to COVID Spring 2021: Remote due to COVID Fall 2021: Remote due to COVID Spring 2022: In-Person Fall 2022: In-Person Spring 2023: In-Person Fall 2023: In-Person Spring 2024: In-Person Fall 2024: In-Person Spring 2025: In-Person |
| Description: Spring 2020 Description: This is a litigation writing course. Writing is integral to most aspects of state and federal civil law practice including communicating effectively with attorneys, clients and judges. Advanced Legal Writing helps prepare students for the rigors of legal analysis and writing in general civil practice by providing in-depth writing experience. Using materials adapted from an actual lawsuit, students will use a case file throughout the semester to follow a typical litigation timeline. Students will produce several written assignments, including (but not limited to): a research email, an Answer or Complaint, several predictive memos, a client letter, and an Opposition or Reply Brief. Writing assignments will involve initial drafts, instructor feedback, peer review, and final revisions. Research skills will be reviewed and practiced. The course builds on the skills learned in the first year in Legal Research and Writing and Written and Oral Advocacy, by providing more challenging legal problems and expecting more independent work. The goal of the course will be to take students beyond basic competence to excellence in legal writing. Specifically, the course should help students hone the following skills: analyzing and conceptualizing legal issues, structuring legal arguments and documents, mastering objective v. persuasive techniques, and sharpening efficient writing and editing skills. There is no oral argument component to this course. All interested students -- whether or not enrolled or placed on the wait list -- must attend the first class in order to be admitted. Any student who does not attend the first class may be dropped by the instructor. Fall 2020 Description: This is a litigation writing course. Writing is integral to most aspects of state and federal civil law practice including communicating effectively with attorneys, clients and judges. Advanced Legal Writing helps prepare students for the rigors of legal analysis and writing in general civil practice by providing in-depth writing experience. Using materials adapted from an actual lawsuit, students will use a case file throughout the semester to follow a typical litigation timeline. Students will produce several written assignments, including (but not limited to): a research email, an Answer or Complaint, several predictive memos, a client letter, and an Opposition or Reply Brief. Writing assignments will involve initial drafts, instructor feedback, peer review, and final revisions. Research skills will be reviewed and practiced. The course builds on the skills learned in the first year in Legal Research and Writing and Written and Oral Advocacy, by providing more challenging legal problems and expecting more independent work. The goal of the course will be to take students beyond basic competence to excellence in legal writing. Specifically, the course should help students hone the following skills: analyzing and conceptualizing legal issues, structuring legal arguments and documents, mastering objective v. persuasive techniques, and sharpening efficient writing and editing skills. There is no oral argument component to this course. All interested students -- whether or not enrolled or placed on the wait list -- must attend the first class in order to be admitted. Any student who does not attend the first class may be dropped by the instructor. Spring 2021 Description: This is a litigation writing course. Writing is integral to most aspects of state and federal civil law practice including communicating effectively with attorneys, clients and judges. Advanced Legal Writing helps prepare students for the rigors of legal analysis and writing in general civil practice by providing in-depth writing experience. Using materials adapted from an actual lawsuit, students will use a case file throughout the semester to follow a typical litigation timeline. Students will produce several written assignments, including (but not limited to): a research email, an Answer or Complaint, several predictive memos, a client letter, and an Opposition or Reply Brief. Writing assignments will involve initial drafts, instructor feedback, peer review, and final revisions. Research skills will be reviewed and practiced. The course builds on the skills learned in the first year in Legal Research and Writing and Written and Oral Advocacy, by providing more challenging legal problems and expecting more independent work. The goal of the course will be to take students beyond basic competence to excellence in legal writing. Specifically, the course should help students hone the following skills: analyzing and conceptualizing legal issues, structuring legal arguments and documents, mastering objective v. persuasive techniques, and sharpening efficient writing and editing skills. There is no oral argument component to this course. All interested students -- whether or not enrolled or placed on the wait list -- must attend the first class in order to be admitted. Any student who does not attend the first class may be dropped by the instructor. Fall 2021 Description: This is a litigation writing class with a focus on building and honing fundamental skills. Enrollment is limited to 16 students. If demand exceeds capacity, then I will focus on students who, for one reason or another, have struggled with legal writing and analysis. That reason could be related to demands external to school, the pressures of law school, past academic or personal experiences, or one of many other reasons. The application is available here: https://forms.gle/TyuD9EhkUgXb1j49A. I accept students on a rolling basis and the class typically fills up quickly. The course will prepare students for the rigors of general civil litigation by providing in-depth writing experience and individual feedback. The written assignments are designed to replicate and train students to handle real-life assignments typically encountered by junior litigators. Through the lens of legal writing, this course will enhance students' abilities to read and synthesize cases, formulate and organize effective legal arguments, and effectively edit written work. Students will produce several written assignments, including research emails, a client letter, and a persuasive brief. Writing assignments may involve initial drafts, instructor feedback, peer review, and final revisions. We will review and practice legal research skills, but that is not the focus of the course. There is no oral argument component to this course. Grades will be assigned based on the quality of the written work, attendance, and in-class participation. Spring 2022 Description: This is a written advocacy class with a focus on building and honing fundamental skills through the lens of a criminal law fact pattern. Writing assignments may involve initial drafts, instructor feedback, peer review, and final revisions. We will also discuss research skills. There is no oral argument component to grading. This course takes a hands-on approach by assigning all students to a new (hypothetical) criminal case as either the prosecution or the defense attorney -- your choice. Throughout the course of the semester, you will learn how great written advocacy can influence that case in many ways. We will build upon the foundational research and writing courses you took as a 1L. Whether you plan to enter a career in criminal law or not, this course will help you become a more confident, direct, and persuasive writer. The instructor, Natalie Winters, also serves as the Director of Berkeley Law's Advocacy Competitions Program. She previously worked as an attorney at the Colorado State Public Defender's Office handling misdemeanor and felony caseloads where she litigated over twenty jury trials, wrote appellate briefs, and supervised student interns. Fall 2022 Description: This is an application-based litigation writing class with a focus on building and honing fundamental skills. Enrollment is limited to 16 students. If demand exceeds capacity, then I will admit students who, for one reason or another, have struggled with legal writing and analysis. That reason could be related to demands external to school, the pressures of law school, past academic or personal experiences, or one of many other reasons. The application is available here: https://forms.gle/vBiH6rFq7FvCBHY7A. I accept students on a rolling basis and the class typically fills up quickly. The course will prepare students for the rigors of general civil litigation by providing an in-depth writing experience and individual feedback. The written assignments are designed to replicate and train students to handle real-life assignments typically encountered by junior litigators. Through the lens of legal writing, this course will enhance students' abilities to read and synthesize cases, formulate and organize effective legal arguments, and effectively edit written work. Students will produce several written assignments, including research emails, a client letter, and a persuasive brief. Writing assignments may involve initial drafts, instructor feedback, peer review, and final revisions. We will review and practice legal research skills, but that is not the focus of the course. There is no oral argument component to this course. Grades will be assigned based on the quality of the written work, attendance, and in-class participation. Due to a health-related accommodation for the instructor, face coverings will likely be required in this class even if the face covering requirement is otherwise lifted. Depending on the public health situation, it is also possible that this class will be conducted via Zoom instead of in-person. Spring 2023 Description: This is an application-based litigation writing class with a focus on building and honing fundamental skills. Enrollment is limited to 16 students. If demand exceeds capacity, then I will admit students who, for one reason or another, have struggled with legal writing and analysis. That reason could be related to demands external to school, the pressures of law school, past academic or personal experiences, or one of many other reasons. The application is available here: https://forms.gle/f4JTcBdKeUnZMFQN8. I accept students on a rolling basis and the class typically fills up quickly. The course will prepare students for the rigors of general civil litigation by providing an in-depth writing experience and individual feedback. The written assignments are designed to replicate and train students to handle real-life assignments typically encountered by junior litigators. Through the lens of legal writing, this course will enhance students' abilities to read and synthesize cases, formulate and organize effective legal arguments, and effectively edit written work. Students will produce several written assignments, including research emails, a client letter, and a persuasive brief. Writing assignments may involve initial drafts, instructor feedback, peer review, and final revisions. We will review and practice legal research skills, but that is not the focus of the course. There is no oral argument component to this course. Grades will be assigned based on the quality of the written work, attendance, and in-class participation. Due to a health-related accommodation for the instructor, face coverings will be requested in this class even if the face covering requirement is otherwise lifted. Depending on the public health situation, it is also possible that this class will be conducted via Zoom instead of in-person. Fall 2023 Description: This is a litigation writing class with a focus on building and honing fundamental skills. Enrollment is limited to 12 students and students must apply to take the class. If demand exceeds capacity, then I will admit students who, for one reason or another, have struggled with legal writing and analysis. That reason could be related to demands external to school, the pressures of law school, past academic or personal experiences, or one of many other reasons. The application is available here: https://forms.gle/P7LiXmCT4Ycn1Ej67. I accept students on a rolling basis and the class typically fills up quickly. The course will prepare students for the rigors of general civil litigation by providing an in-depth writing experience and individual feedback. The written assignments are designed to replicate and train students to handle real-life assignments typically encountered by junior litigators. Through the lens of legal writing, this course will enhance students' abilities to read and synthesize cases, formulate and organize effective legal arguments, and effectively edit written work. Students will produce several written assignments, including research emails, a client letter, and a persuasive brief. Writing assignments may involve initial drafts, instructor feedback, peer review, and final revisions. We will review and practice legal research skills, but that is not the focus of the course. There is no oral argument component to this course. Grades will be assigned based on the quality of the written work, attendance, and in-class participation. Due to a health-related accommodation for the instructor, face coverings are requested in this class. Spring 2024 Description: PREREQUISITES: Legal Research and Writing 202.1A (or its JD equivalent), Written and Oral Advocacy 202.1B (or its JD equivalent), Civil Procedure This is a litigation writing course for J.D. students. Writing is integral to most aspects of state and federal civil law practice including communicating effectively with attorneys, clients and judges. Advanced Legal Writing helps prepare students for the rigors of legal analysis and writing in general civil practice by providing in-depth writing experience. Using materials adapted from an actual lawsuit, students will use a case file throughout the semester to follow a typical litigation timeline. Students will produce several written assignments, including (but not limited to): a research email, an Answer or Complaint, several predictive memos, and an Opposition or Reply Brief. Writing assignments will involve initial drafts, instructor feedback, peer review, and final revisions. Research skills will be reviewed and practiced. The course builds on the skills learned in the first year in Legal Research and Writing and Written and Oral Advocacy, by providing more challenging legal problems and expecting more independent work. The goal of the course will be to take students beyond basic competence to excellence in legal writing. Specifically, the course should help students hone the following skills: analyzing and conceptualizing legal issues, structuring legal arguments and documents, mastering objective v. persuasive techniques, and sharpening efficient writing and editing skills. There is no oral argument component to this course. Fall 2024 Description: PREREQUISITES: Legal Research and Writing 202.1A (or its JD equivalent), Written and Oral Advocacy 202.1B (or its JD equivalent), Civil Procedure This is a litigation writing course for J.D. students. Writing is integral to most aspects of state and federal civil law practice including communicating effectively with attorneys, clients, and judges. Advanced Legal Writing helps prepare students for the rigors of legal analysis and writing in general civil practice by providing in-depth writing experience. Using materials adapted from an actual lawsuit, students will use a case file throughout the semester to follow a typical litigation timeline. Students will produce several written assignments, including (but not limited to): a research email, an Answer or Complaint, several predictive memos, and an Opposition or Reply Brief. Writing assignments will involve initial drafts, instructor feedback, peer review, and final revisions. Research skills will be reviewed and practiced. The course builds on the skills learned in the first year in Legal Research and Writing and Written and Oral Advocacy, by providing more challenging legal problems and expecting more independent work. The goal of the course will be to take students beyond basic competence to excellence in legal writing. Specifically, the course should help students hone the following skills: analyzing and conceptualizing legal issues, structuring legal arguments and documents, mastering objective v. persuasive techniques, and sharpening efficient writing and editing skills. There is no oral argument component to this course. Spring 2025 Description: PREREQUISITES: Legal Research and Writing 202.1A (or its JD equivalent), Written and Oral Advocacy 202.1B (or its JD equivalent), Civil Procedure This is a litigation writing course for J.D. students. Writing is integral to most aspects of state and federal civil law practice including communicating effectively with attorneys, clients, and judges. Advanced Legal Writing helps prepare students for the rigors of legal analysis and writing in general civil practice by providing in-depth writing experience. Using materials adapted from an actual lawsuit, students will use a case file throughout the semester to follow a typical litigation timeline. Students will produce several written assignments, including (but not limited to): a research email, an Answer or Complaint, several predictive memos, and an Opposition or Reply Brief. Writing assignments will involve initial drafts, instructor feedback, peer review, and final revisions. Research skills will be reviewed and practiced. The course builds on the skills learned in the first year in Legal Research and Writing and Written and Oral Advocacy, by providing more challenging legal problems and expecting more independent work. The goal of the course will be to take students beyond basic competence to excellence in legal writing. Specifically, the course should help students hone the following skills: analyzing and conceptualizing legal issues, structuring legal arguments and documents, mastering objective v. persuasive techniques, and sharpening efficient writing and editing skills. There is no oral argument component to this course. |
| Law 207.51 Survival Writing 1 Units |
| Spring 2020: Remote due to COVID Spring 2022: In-Person Fall 2023: In-Person Spring 2024: In-Person Instruction |
| Description: Spring 2020 Description: This workshop is for the student who wants measurable skill improvement but is unable to make a semester-long time commitment. Taught on two consecutive full-day Saturdays, this workshop's theme is “survival writing." You will learn to generate your best work in the shortest possible time. The same applies to the instructors: we aim to give maximum learning value for the smallest student time commitment. The program follows our core principles: NITA-style instruction, rotating instructors, high volume, and variable skills. As always, Bryan Garner is our lodestar. Each day is divided into hour-long segments. In the week between the two days the students will have take-home writing assignments that will cycle between instructors for editing and revision. We will cater breakfast, lunch, snacks, and coffee on both days. DAY ONE Hour 1 skills: framing, outlining, organization Hour 2 exercise: group IRAC writing exercise Hour 3 skills: authority, argument, counter-argument Hour 4 exercise: timed PT writing assignment BREAK (instructors edit assignments) Hour 5 skills: phrasing, clarity, simplicity Hour 6 review: timed assignments group review Hour 7 skill: how to edit Hour 8 exercise: editing DAY TWO Hour 1 review: homework group review Hour 2 skills: readability, translate, write like you’re five, finding your voice Hour 3 skills: executive summary intro para and deep issue Hour 4 exercise: timed PT writing assignment BREAK (instructors edit assignments) Hour 5 skills: polishing, strength, right word Hour 6 review: timed assignments group review Hour 7 exercise: coalescence Hour 8 exercise: editing No textbooks to purchase, but you will need to download the $25 Garner's Modern English Usage app. Spring 2022 Description: This workshop is for the student who wants a fast, intense, and rigorous crash course in writing skill improvement without a semester-long time commitment. We aim to give maximum learning value for a shorter student time commitment. We teach a system that applies equally to the law student in exams, the post-grad in the bar examination, and the practitioner. Our system is designed to build mental muscle memory through repetition; this enables you to consistently generate quality work in the shortest possible time, under any word or page limit. The program applies our core principles: NITA-style instruction, rotating instructors, and adaptable skills suited to variable assignments. As always, Bryan Garner is our lodestar. Each day is divided into distinct explanation, exercise, and project segments. Between class meetings students will have writing assignments that will cycle between instructors for editing and revision. Fair warning: this workshop is high-volume and fast-paced. We schedule it early in the semester to minimize conflict with your other courses. Still, you should not plan any other big projects during this workshop. No textbooks to purchase, but you will need to download the $25 Garner's Modern English Usage app. This course meets for four Wednesday evenings and four Saturday mornings. Fall 2023 Description: This is a litigation writing course that offers an introduction to the practical, procedural and analytical aspects of private transnational litigation in the U.S. and Europe. Through a case simulation students will examine differences in legal systems and how to effectively navigate the challenges and opportunities presented when litigation goes global. Students will produce several written assignments, such as: a research email, an Answer or Complaint, several predictive memos, a client letter, and a brief. Writing assignments will involve initial drafts, instructor feedback, peer review, and final revisions. Research skills will be reviewed and practiced. The course builds on the skills learned in the first year in Legal Research and Writing and Written and Oral Advocacy, by providing more challenging legal problems and expecting more independent work. The class provides an excellent opportunity for students to develop the research, writing and advocacy skills necessary for a successful transnational litigation practice. Spring 2024 Description: empty |
| Law 207.9 Language and Legal Interpretation 1 Units |
| Spring 2022: In-Person |
| Description: Spring 2022 Description: The functioning of the law is based on how language is interpreted. This course focuses on the role language plays in the interpretation of legal texts, such as constitutions, statutes, and contracts. These formal scenarios involving the interpretation of texts will be contrasted with informal scenarios involving the interpretation of oral statements, such as in police/citizen interactions. Issues of interpretation are constantly before the courts, even in relatively homogeneous, monolingual cultures. We will consider how the heterogeneous, multilingual nature of our society should impact both formal and informal legal interpretation. Thus, for instance, what does it mean for an “ordinary person” to have “fair notice” of the law? Is that a value that courts should promote? Should a court interpret a legal text according to its “ordinary meaning”? Is there such a thing as “ordinary meaning,” and if so, how can an attorney or court identify it? How should the language of a law, such as a civil rights statute, be interpreted over time? Is it inevitable that such a law will be interpreted dynamically? We will also critically analyze new research methods that courts are increasingly embracing, such as corpus linguistics, that purport to turn legal interpretation into an empirical endeavor. Professor Brian Slocum has a JD and a PhD in Linguistics and writes extensively on issues of legal interpretation. Recent articles include, The Meaning of Sex: Dynamic Words, Novel Applications, and Original Public Meaning, 119 Mich. L. Rev. 1503 (2021) (with William N. Eskridge Jr. & Stefan Th. Gries), and Statutory Interpretation from the Outside, Colum. L. Rev. (forthcoming, 2022) (with Kevin Tobia & Victoria Nourse). Prior to joining legal academia, Professor Slocum was a Trial Attorney in both the Civil and Criminal Divisions of the Department of Justice. |
| Law 208 Advanced Legal Research 3 Units |
| Spring 2020: Remote due to COVID Spring 2021: Remote due to COVID Spring 2022: In-Person Spring 2023: In-Person Spring 2024: In-Person Spring 2025: In-Person |
| Description: Spring 2020 Description: The primary goal of this course is to give an overview of the research universe that will make the transition from law school to law practice easier and more productive. In order to give students a framework for developing successful research strategies, we will be briefly exploring the history of legal materials and examining the structure and use of the various research tools. Students will be working with all types of research systems, from established print resources to the newest online research tools. Spring 2021 Description: The primary goal of this course is to give an overview of the research universe that will make the transition from law school to law practice easier and more productive. In order to give students a framework for developing successful research strategies, we will be briefly exploring the history of legal materials and examining the structure and use of the various research tools. Students will be working with all types of research systems, from established resources to the newest online research tools. Spring 2022 Description: The primary goal of this course is to give an overview of the research universe that will make the transition from law school to law practice easier and more productive. In order to give students a framework for developing successful research strategies, we will be briefly exploring the history of legal materials and examining the structure and use of the various research tools. Students will be working with all types of research systems, from established resources to the newest online research tools. Spring 2023 Description: The primary goal of this course is to give an overview of the research universe that will make the transition from law school to law practice easier and more productive. In order to give students a framework for developing successful research strategies, we will be briefly exploring the history of legal materials and examining the structure and use of the various research tools. Students will be working with all types of research systems, from established resources to the newest online research tools. Spring 2024 Description: The primary goal of this course is to give an overview of the legal research universe that will make the transition from law school to law practice easier and more productive. In order to give students a framework for developing successful research strategies, we will briefly explore the history of legal materials and examine the structure and use of the various research tools. Students will be working with all types of research systems, from traditional resources to the newest online research tools. Spring 2025 Description: This course provides an overview of the legal research universe that will ease and make more productive the student's transition from law school to law practice. In order to give students a framework for developing successful research strategies, we will briefly explore the history of legal materials and examine the structure and use of the various research tools applicable to a wide range of areas of research, e.g., cases, statutes, regulations, legislative history, and so forth. Students will work with all types of research systems, from traditional resources to the newest online research tools, such as AI-driven legal research innovations. |
| Law 208.1 Advanced Legal Research- Pathfinder 3 Units |
| Spring 2020: Remote due to COVID Spring 2021: Remote due to COVID Spring 2022: In-Person Spring 2023: In-Person |
| Description: Spring 2020 Description: The primary goal of this course is to give an overview of the research universe that will make the transition from law school to law practice easier and more productive. In order to give students a framework for developing successful research strategies, we will be briefly exploring the history of legal materials and examining the structure and use of the various research tools. Students will be working with all types of research systems, from established print resources to the newest online research tools. Students will be in the regular Advanced Legal Research class and will do a number of research assignments. They will also write a pathfinder, which is a research guide to an area of law of their choosing, as their final class product. Spring 2021 Description: The primary goal of this course is to give an overview of the research universe that will make the transition from law school to law practice easier and more productive. In order to give students a framework for developing successful research strategies, we will be briefly exploring the history of legal materials and examining the structure and use of the various research tools. Students will be working with all types of research systems, from established resources to the newest online research tools. This course meets at the same time as Advanced Legal Research, with students in this course doing a number of research assignments. They will also write a pathfinder, which is a research guide to an area of law of their choosing, as their final class product. Spring 2022 Description: The primary goal of this course is to give an overview of the research universe that will make the transition from law school to law practice easier and more productive. In order to give students a framework for developing successful research strategies, we will be briefly exploring the history of legal materials and examining the structure and use of the various research tools. Students will be working with all types of research systems, from established resources to the newest online research tools. This course meets at the same time as Advanced Legal Research, with students in this course doing a number of research assignments. They will also write a pathfinder, which is a research guide to an area of law of their choosing, as their final class product. Spring 2023 Description: The primary goal of this course is to give an overview of the research universe that will make the transition from law school to law practice easier and more productive. In order to give students a framework for developing successful research strategies, we will be briefly exploring the history of legal materials and examining the structure and use of the various research tools. Students will be working with all types of research systems, from established resources to the newest online research tools. This course meets at the same time as Advanced Legal Research, with students in this course doing a number of research assignments. They will also write a pathfinder, which is a research guide to an area of law of their choosing, as their final class product. |
| Law 208.6 Qualitative Field and Observational Methods 3 Units |
| Spring 2024: In-Person |
| Description: Spring 2024 Description: Doctoral-level introduction to systematic qualitative (ethnographic) field research, especially related to law and legal institutions. The course will focus on the practice of different forms of observation in conjunction with various types of interviewing and the collection of artifacts in the field. Included in the course will be discussions of the rationales for qualitative fieldwork, a brief history of different styles of sociological/anthropological ethnography, strategies for designing and conducting credible fieldwork, and instruction on analyzing and writing up qualitative field data. A core assignment for the course is experience conducting an original field study. Students can either develop a new field study in the context of the course (with the consultation of the instructor) or continue a field study begun prior to the course as long as they will be able to engage in significant fieldwork during the semester. |
| Law 208.8 Foundation Seminar in the Sociology of Law 3 Units |
| Fall 2020: Remote due to COVID Spring 2023: In-Person Spring 2024: In-Person Spring 2025: In-Person |
| Description: Fall 2020 Description: Sociological approaches to studying law focus on how legal institutions and actors relate to social structure, social inequality, and social change. This seminar covers classic and contemporary works that address law, rights and social change; law, inequality and power; the social construction of disputes and dispute resolution; organizations and law; legal pluralism; and social movements and law. Law students and graduate students in all disciplines are welcome. Spring 2023 Description: This course is a general introduction to the sociology of law intended for graduate students in all disciplines. The sociology of law treats law as a social institution and examines how law relates to social structure, social inequality, and broad changes in society. Scholars in this field study how law constitutes the major categories of social life and structures social behavior, and examine law as it is embedded within social context as a social institution rather than as an authoritative text. This foundation seminar will cover classic and contemporary works that address law, rights and social change; law, inequality and power; the social construction of disputes and dispute resolution; organizations and law; the legal profession; and social movements and law. Doctoral students in the JSP program who plan to take the sociology of law field exam should take this course in preparation. Spring 2024 Description: This course is a general introduction to the sociology of law intended for graduate students in all disciplines. The field of sociology of law examines how law relates to social structure, social inequality, and broad changes in society. Scholars in this field study how law constitutes the major categories of social life and structures social behavior. Research in this area focuses on law as it is embedded within social context as a social institution rather than as an authoritative text. This foundation seminar will cover classic and contemporary works that address law, rights and social change; law, inequality and power; the social construction of disputes and dispute resolution; organizations and law; the legal profession; and social movements and law. Doctoral students in the JSP program who plan to take the sociology of law field exam should take this course in preparation. Spring 2025 Description: This course is a general introduction to the sociology of law intended for graduate students in all disciplines. The field of sociology of law examines how law relates to social structure, social inequality, and broad changes in society. Scholars in this field study how law constitutes the major categories of social life and structures social behavior. Research in this area focuses on law as it is embedded within social context as a social institution rather than as an authoritative text. This foundation seminar will cover classic and contemporary works that address law, rights and social change; law, inequality and power; the social construction of disputes and dispute resolution; organizations and law; the legal profession; and social movements and law. Doctoral students in the JSP program who plan to take the sociology of law field exam should take this course in preparation. Students interested in the course should email Professor Albiston – calbiston@berkeley.edu – a short paragraph of no more than 200 words explaining your interest in the seminar by November 1, 2024. After this date, applications will be considered on a rolling basis as space permits. In addition, not counted in your 200 words, please also include your year and degree program (e.g. 2L, LLM, 2d year Ph.D. student in Sociology etc.). No prior knowledge is required or necessary for the class, and all graduate students are welcome and encouraged to enroll. Please make the subject line of your email “Application to Sociology of Law”. Students will be informed whether they have permission to enroll on a rolling basis, but no later than November 8th. |
| Law 208.9 Fundamentals of U.S. Law 3 Units |
| Fall 2020: Remote due to COVID Spring 2021: Remote due to COVID Fall 2021: Hybrid Fall 2022: In-Person Fall 2023: In-Person Fall 2024: In-Person |
| Description: Fall 2020 Description: Fundamentals of U.S. Law introduces foreign law students to the fundamental principles of the American legal system and the common-law method of case analysis. In this course, students will focus on crucial doctrines that underpin American governance, including federalism and separation of powers. Students will also study the structure of the U.S. court system, the sources of U.S. law, the lawyer's role in the system, and the culture of the law in this country. The course will introduce students to techniques associated with the common law, particularly the close reading of legal opinions in the context of prior precedent, as well as organization of legal analysis. Throughout the course, students will practice skills that will help them succeed in law school, on the bar examination, and in practice. This course will meet remotely as follows: Saturday, August 8th 6:30AM-8:30AM Monday, August 10th 6:30AM-8:30AM Wednesday, August 12th 6:30AM-8:30AM Thursday, August 13th 6:30AM-8:30AM Friday, August 14th 6:30AM-8:30AM Then Mondays and Wednesdays, August 17th-October 28th 6:30AM-7:45AM Spring 2021 Description: Fundamentals of U.S. Law introduces foreign law students to the American legal system, common-law method of case analysis, and U.S. forms of governance. Orientation week classes focus primarily on (1) the structure of American court system and sources of law and (2) case analysis through the study of the development of one area of legal doctrine. Students will learn how to read cases, find and synthesize holdings, and predict outcomes based on common law development. Classes during the rest of the semester will focus on the principal Constitutional doctrines that underpin the American legal and political system, including federalism and separation of powers, with a focus on how American law interacts with global concerns. Throughout the course, students will practice skills that will help them succeed in law school, on the bar examination, and in practice. This course will meet as follows: Tuesday, January 12th: 5PM-8PM Wednesday, January 13th: 5PM-8PM Thursday, January 14th: 5PM-8PM Friday, January 15th: 5PM-7PM Then every Monday and Wednesdays 6:25PM-7:40PM (January 20th-April 7th) REVIEW SESSION: Monday April 12th 6:25PM-7:40PM Fall 2021 Description: Fundamentals of U.S. Law introduces foreign law students to the American legal system, common-law method of case analysis, and U.S. forms of governance. Orientation week classes focus primarily on (1) the structure of American court system and sources of law and (2) case analysis through the study of the development of one area of legal doctrine. Students will learn how to read cases, find and synthesize holdings, and predict outcomes based on common law development. Classes during the rest of the semester will focus on the principal Constitutional doctrines that underpin the American legal and political system, including federalism and separation of powers, with a focus on how American law interacts with global concerns. Throughout the course, students will practice skills that will help them succeed in law school, on the bar examination, and in practice. This course will meet remotely as follows: Tuesday, August 10th 1PM-4PM REMOTE Wednesday, August 11th 9AM-12PM REMOTE Thursday, August 12th 9AM-12PM REMOTE Friday, August 13th 9AM-12PM REMOTE Then Mondays and Wednesdays, August 16th-October 20th 11:20AM-12:35PM IN-PERSON Mandatory Review session: Wednesday, October 27th 11:20AM-12:35PM Fall 2022 Description: Fundamentals of U.S. Law introduces foreign law students to the American legal system, common-law method of case analysis, and U.S. forms of governance. Orientation week classes focus primarily on (1) the structure of the American court system and sources of law and (2) case analysis through the study of the development of one area of legal doctrine. Students will learn how to read cases, find and synthesize holdings, and predict outcomes based on common law development. Classes during the rest of the semester will focus on the principal Constitutional doctrines that underpin the American legal and political system, including federalism and separation of powers, with a focus on how American law interacts with global concerns. Throughout the course, students will practice skills that will help them succeed in law school, on the bar examination, and in practice. This course will meet as follows: Tuesday, August 16th 1PM-4PM Wednesday, August 17th 9AM-12PM Thursday, August 18th 9AM-12PM Friday, August 19th 9AM-12PM Then Mondays and Wednesdays, August 24th-October 31st 11:20AM-12:35PM Fall 2023 Description: Fundamentals of U.S. Law introduces foreign law students to the American legal system, common-law method of case analysis, and U.S. forms of governance. Orientation week classes focus primarily on (1) the structure of the American court system and sources of law and (2) case analysis through the study of the development of one area of legal doctrine. Students will learn how to read cases, find and synthesize holdings, and predict outcomes based on common law development. Classes during the rest of the semester will focus on the principal Constitutional doctrines that underpin the American legal and political system, including federalism and separation of powers, with a focus on how American law interacts with global concerns. Throughout the course, students will practice skills that will help them succeed in law school, on the bar examination, and in practice. This course will meet as follows: Tuesday, August 16th 2PM-5PM Wednesday, August 17th 9AM-12PM Thursday, August 18th 9AM-12PM Friday, August 19th 9AM-12PM Then Tuesdays, August 22nd-October 24th 10:00AM-12:40PM Fall 2024 Description: Fundamentals of U.S. Law introduces foreign law students to the American legal system, common-law method of case analysis, and U.S. forms of governance. Orientation week classes focus primarily on (1) the structure of the American court system and sources of law and (2) case analysis through the study of the development of one area of legal doctrine. Students will learn how to read cases, find and synthesize holdings, and predict outcomes based on common law development. Classes during the rest of the semester will focus on the principal Constitutional doctrines that underpin the American legal and political system, including federalism and separation of powers, with a focus on how American law interacts with global concerns. Throughout the course, students will practice skills that will help them succeed in law school, on the bar examination, and in practice. This course will meet as follows: Tuesday, August 13th 9AM-12PM Wednesday, August 14th 9AM-12PM Thursday, August 15th 9AM-12PM Friday, August 16th 9AM-12PM Then Mondays and Wednesdays, August 19th-October 30th 2:10-3:25PM |
| Law 208.9S Fundamentals of U.S. Law 3 Units |
| Summer 2021: Hybrid Summer 2022: In-Person Summer 2023: In-Person Summer 2024: In-Person Summer 2025: In-Person |
| Description: Summer 2021 Description: Fundamentals of U.S. Law introduces foreign law students to the fundamental principles of the U.S. legal system and the common-law method of case analysis. Students will focus on crucial doctrines that underpin U.S. governance, including federalism and separation of powers, as well as individual rights. Students will also study the structure of the U.S. court system, the lawyer's role in the system, and the culture of the law in this country. The course will introduce students to techniques associated with the common law, particularly the close reading of legal opinions in the context of prior precedent as well as organization of legal analysis. The course begins with an introductory module comprised of torts cases, and then students read primarily constitutional law cases for the remainder of the course. This course will meet in-person on campus on June 21st, 22nd, 23rd, 24th, and 25th in Warren (room 295). Summer 2022 Description: Fundamentals of U.S. Law introduces foreign law students to the fundamental principles of the American legal system and the common-law method of case analysis. In this course, students will focus on crucial doctrines that underpin American governance, particularly as expressed in landmark cases of American constitutional law. Students will also study the structure of the U.S. court system, the sources of U.S. law, the lawyer's role in the system, and the culture of the law in this country. The course will introduce students to techniques associated with the common law, particularly the close reading of legal opinions in the context of prior precedent. Throughout the course, students will practice skills that will help them succeed in law school, on the bar examination, and in practice. Summer 2023 Description: Fundamentals of U.S. Law introduces foreign law students to the fundamental principles of the American legal system and the common-law method of case analysis. In this course, students will focus on crucial doctrines that underpin American governance, particularly as expressed in landmark cases of American constitutional law. Students will also study the structure of the U.S. court system, the sources of U.S. law, the lawyer's role in the system, and the culture of the law in this country. The course will introduce students to techniques associated with the common law, particularly the close reading of legal opinions in the context of prior precedent. Throughout the course, students will practice skills that will help them succeed in law school, on the bar examination, and in practice. Summer 2024 Description: Fundamentals of U.S. Law introduces foreign-trained law students to the fundamental principles of the American legal system and the common-law method of case analysis. In this course, students will focus on crucial doctrines that underpin American governance, particularly as expressed in landmark cases of American constitutional law. Students will also study the structure of the U.S. court system, the sources of U.S. law, the lawyer's role in the system, and the culture of the law in this country. The course will introduce students to techniques associated with the common law, particularly the close reading of legal opinions in the context of prior precedent. Throughout the course, students will practice skills that will help them succeed in law school, on the bar examination, and in practice. Summer 2025 Description: Fundamentals of U.S. Law introduces foreign-trained law students to the fundamental principles of the American legal system and the common-law method of case analysis. In this course, students will focus on crucial doctrines that underpin American governance, particularly as expressed in landmark cases of American constitutional law. Students will also study the structure of the U.S. court system, the sources of U.S. law, the lawyer's role in the system, and the culture of the law in this country. The course will introduce students to techniques associated with the common law, particularly the close reading of legal opinions in the context of prior precedent. Throughout the course, students will practice skills that will help them succeed in law school, on the bar examination, and in practice. William H.D. Fernholz, who goes by “Bill,” has taught at Berkeley Law for twenty years. He has devoted his professional career to three missions. First, Bill has taught Fundamentals of U.S. Law, the introductory substantive law course for LL.M. students, for over a decade. In that time, he has been the first teacher for more than 1,000 LL.M. students, and introduced those talented international lawyers to the successes and failures of the American system of governance and the common-law method of case analysis. Second, Bill has educated a generation of domestic J.D. students in the skills of legal writing and oral advocacy, primarily through the upper-level course, Appellate Advocacy. Students in that course brief and argue cases currently pending in the California Supreme Court, using materials from the actual record of the case and adhering as closely to rules of that court as the classroom will allow. Bill also supervised the competitions program at Berkeley Law until 2018. Third, Bill teaches lawyering for social justice. He co-directs the Ninth Circuit Practicum, in which J.D. students represent indigent clients in asylum and civil rights cases before the largest federal appellate circuit in the nation. He has previously taught social justice courses, such as Employment Discrimination and Civil Rights Litigation. Before teaching at Berkeley Law, Bill practiced civil rights and poverty law at several Bay Area law firms and nonprofits. Bill is a 1993 graduate of Berkeley Law, where he served as Senior Executive Editor of the law review. |
| Law 208I International and Foreign Legal Research 3 Units |
| Spring 2020: Remote due to COVID Spring 2021: Remote due to COVID Spring 2022: In-Person Spring 2023: In-Person |
| Description: Spring 2020 Description: Do you want to be prepared to work in an international venue or practice in an area of international or comparative law? If so, you need this course. We will cover research methods and sources for international, foreign and comparative legal research, utilizing both print and electronic materials. Students will learn basic concepts of legal research, research strategies, evaluation of materials in various formats, search techniques for effective use of databases, and research organization. Topics include public international law, foreign law, private international law, the European Union, the United Nations and more. Class sessions will involve the use of research guides and materials to orient students to the topic, the sources, and appropriate research methodology. Students will conduct research in class using both print and electronic resources. Grading will be based on in-class or homework assignments that allow the student to use and evaluate the various sources; a brief oral presentation based on the topic for the final research guide; and a final research guide on an international or foreign law topic (a 30-page paper). At the end of the semester, students will have practical knowledge and experience in doing legal research, including selecting and using a variety of international and foreign legal sources. You will also gain confidence in your research abilities and become a more effective and efficient researcher overall. While there are no prerequisites for this course, it is assumed that students will have some basic familiarity with legal research techniques. Requires a significant paper of 30 pages or longer. Note to 1L students: You are not able to use this course to satisfy your writing requirement. Spring 2021 Description: Do you want to be prepared to work in an international venue or practice in an area of international or comparative law? If so, you need this course. We will cover research methods and sources for international, foreign and comparative legal research, utilizing both print and electronic materials. Students will learn basic concepts of legal research, research strategies, evaluation of materials in various formats, search techniques for effective use of databases, and research organization. Topics include public international law, foreign law, private international law, the European Union, the United Nations and more. Class sessions will involve the use of research guides and materials to orient students to the topic, the sources, and appropriate research methodology. Students will conduct research in class using both print and electronic resources. Grading will be based on in-class or homework assignments that allow the student to use and evaluate the various sources; a brief oral presentation based on the topic for the final research guide; and a final research guide on an international or foreign law topic (a 30-page paper). At the end of the semester, students will have practical knowledge and experience in doing legal research, including selecting and using a variety of international and foreign legal sources. You will also gain confidence in your research abilities and become a more effective and efficient researcher overall. While there are no prerequisites for this course, it is assumed that students will have some basic familiarity with legal research techniques. Requires a significant paper of 30 pages or longer. Note to 1L students: You are not able to use this course to satisfy your writing requirement. Spring 2022 Description: Do you want to be prepared to work in an international venue or practice in an area of international or comparative law? If so, you need this course. We will cover research methods and sources for international, foreign and comparative legal research, utilizing both print and electronic materials. Students will learn basic concepts of legal research, research strategies, evaluation of materials in various formats, search techniques for effective use of databases, and research organization. Topics include public international law, foreign law, private international law, the European Union, the United Nations and more. Class sessions will involve the use of research guides and materials to orient students to the topic, the sources, and appropriate research methodology. Students will conduct research in class using both print and electronic resources. Grading will be based on in-class or homework assignments that allow the student to use and evaluate the various sources; a brief oral presentation based on the topic for the final research guide; and a final research guide on an international or foreign law topic (a 30-page paper). At the end of the semester, students will have practical knowledge and experience in doing legal research, including selecting and using a variety of international and foreign legal sources. You will also gain confidence in your research abilities and become a more effective and efficient researcher overall. While there are no prerequisites for this course, it is assumed that students will have some basic familiarity with legal research techniques. Requires a significant paper of 30 pages or longer. Spring 2023 Description: Do you want to be prepared to work in an international venue or practice in an area of international or comparative law? If so, you need this course. We will cover research methods and sources for international, foreign, and comparative legal research, utilizing both print and electronic materials. Students will learn basic concepts of legal research, research strategies, evaluation of materials in various formats, search techniques for effective use of databases, and research organization. Topics include public international law, foreign law, private international law, the European Union, the United Nations, and more. Class sessions will involve the use of research guides and materials to orient students to the topic, the sources, and the appropriate research methodology. Students will conduct research in class using both print and electronic resources. Grading will be based on in-class or homework assignments that allow the student to use and evaluate the various sources; a brief oral presentation based on the topic for the final research guide; and a final research guide on an international or foreign law topic (a 30-page paper). At the end of the semester, students will have practical knowledge and experience in doing legal research, including selecting and using a variety of international and foreign legal sources. You will also gain confidence in your research abilities and become a more effective and efficient researcher overall. Requires a significant paper of 30 pages or longer. |
| Law 209 JSP Orientation Seminar 3 Units |
| Fall 2020: Remote due to COVID Fall 2021: In-Person Fall 2022: In-Person Fall 2023: In-Person Fall 2024: In-Person |
| Description: Fall 2020 Description: This course provides a broad orientation to the inter- and multidisciplinary study of law in general, and the Jurisprudence and Social Policy program at Berkeley in particular. Each year the orientation seminar takes on a distinct but broad theme and uses it to explore the many methodologies and intellectual traditions represented in the program, including canonical works in the fields represented by JSP. The class is limited to first-year JSP students. Fall 2021 Description: This course provides a broad orientation to the inter- and multidisciplinary study of law in general, and the Jurisprudence and Social Policy program at Berkeley in particular. Each year the orientation seminar takes on a distinct but broad theme and uses it to explore the many methodologies and intellectual traditions represented in the program, including canonical works in the fields represented by JSP. The class is limited to first-year JSP students. Fall 2022 Description: This course provides a broad orientation to the inter- and multidisciplinary study of law in general, and in the Jurisprudence and Social Policy program at Berkeley in particular. Each year, the Orientation Seminar takes on a distinct but broad theme and uses it to explore the many methodologies and intellectual traditions represented in the program, including canonical works in the fields represented by JSP. The class is limited to first year JSP students. Fall 2023 Description: This course provides a broad orientation to the inter- and multidisciplinary study of law in general, and in the Jurisprudence and Social Policy program at Berkeley in particular. Each year, the Orientation Seminar takes on a distinct but broad theme and uses it to explore the many methodologies and intellectual traditions represented in the program, including canonical works in the fields represented by JSP. The class is limited to first year JSP students. Fall 2024 Description: This course provides a broad orientation to the inter- and multidisciplinary study of law in general and in the Jurisprudence and Social Policy program at Berkeley in particular. Each year, the Orientation Seminar takes on a distinct but broad theme and uses it to explore the many methodologies and intellectual traditions represented in the program, including canonical works in the fields represented by JSP. The class is limited to first-year JSP students. |
| Law 209.3 Introductory Statistics 4 Units |
| Spring 2020: Remote due to COVID Fall 2020: Remote due to COVID Fall 2022: In-Person Fall 2023: In-Person Spring 2025: In-Person |
| Description: Spring 2020 Description: This course is the required first-year quantitative methods course for JSP students. The goal of this course is to provide students with enough background in probability and statistics so that they can successfully: --evaluate basic quantitative empirical research in law and social science --begin to conduct their own empirical research --take more advanced quantitative methods courses to further develop their skills. The course focuses on quantitative research design and the general concepts that underly statistical inference. The hope is that students who successfully complete the course will be able to think clearly about a wide range of substantive problems. This course is a starting point. It is simply not possible to cover what the typical empirical researcher should know about probability and statistics in one course. Students who plan to do empirical research should take several additional methodology courses. The course textbook will be Quantitative Social Science by Kosuke Imai. Fall 2020 Description: This course is the required first-year quantitative methods course for JSP students. The goal of this course is to provide students with enough background in probability and statistics so that they can successfully: --evaluate basic quantitative empirical research in law and social science --begin to conduct their own empirical research --take more advanced quantitative methods courses to further develop their skills. The course focuses on quantitative research design and the general concepts that underly statistical inference. The hope is that students who successfully complete the course will be able to think clearly about a wide range of substantive problems. This course is a starting point. It is simply not possible to cover what the typical empirical researcher should know about probability and statistics in one course. Students who plan to do empirical research should take several additional methodology courses. The course textbook will be Quantitative Social Science by Kosuke Imai. Fall 2022 Description: This course is the required first-year quantitative methods course for JSP students. The goal of this course is to provide students with enough background in applied empirical research so that they can successfully: --evaluate basic quantitative empirical research in law and social science --take more advanced quantitative methods courses to further develop their skills. --begin to conduct their own empirical research The course focuses on quantitative research design and the general concepts that underly statistical inference. The hope is that students who successfully complete the course will be able to think clearly about a wide range of substantive problems. Note: this course is a starting point. It is not possible to cover what the typical empirical researcher should know about statistics in one course. Students who plan to do empirical research should take several additional methodology courses. Fall 2023 Description: This course is a required first-year quantitative methods course for JSP students. The goal of this course is to provide students with enough background in applied empirical research so that they can successfully: --consume and evaluate basic quantitative empirical research in law and social science --take more advanced quantitative methods courses to further develop their skills. --begin to conduct their own empirical research The course focuses on research design and the general concepts that underlie statistical inference. The hope is that students who successfully complete the course will be able to think clearly about a wide range of substantive problems. Note: this course is a starting point. It is not a substitute for a first-year statistics course. Moreover, it is not possible to cover what the typical empirical researcher should know about statistics in one course. Students who plan to do empirical research should take several additional methodology courses. Spring 2025 Description: This course is a required first-year quantitative methods course for JSP students. The goal of this course is to provide students with enough background in applied empirical research so that they can successfully: --consume and evaluate basic quantitative empirical research in law and social science --take more advanced quantitative methods courses to further develop their skills. --begin to conduct their own empirical research The course focuses on research design and the general concepts that underlie statistical inference. The hope is that students who successfully complete the course will be able to think clearly about a wide range of substantive problems. Note: this course is a starting point. It is not a substitute for a first-year statistics course. Moreover, it is not possible to cover what the typical empirical researcher should know about statistics in one course. Students who plan to do empirical research should take several additional methodology courses. |
| Law 209.45 Psychology of Diversity and Discrimination in American Law 3 Units |
| Spring 2021: Remote due to COVID |
| Description: Spring 2021 Description: How does the psychology of culture, race, and ethnicity shape the legal pursuit of diversity and equal treatment? How are people thinking about, reacting to, and doing diversity in their everyday lives? What are the predominant perspectives on diversity and how are they being deployed or challenged in legal battles over race-conscious policies? What are the implications for efforts to remedy historic discrimination? These will be the central questions of this course. We will examine concepts of race and culture, various understandings of and approaches to diversity found in the law, and the role of sociocultural structures in shaping the operation of anti-discrimination law and social policy. Special attention will be given to the use of diversity-related psychological research in law. Some topics include: inclusive institutional design; psychology of desegregation, colorblindness and equal protection; "critical mass," "diversity benefits," and affirmative action; stereotyping, intent, and anti-discrimination law; psychology of sexism in the workplace; psychology of social class and poverty. Students will broaden their toolkit for analyzing legal debates and issues surrounding “diversity” and learn how to create opportunities for building inclusive and equitable diverse environments. Due to the nature of this class, some or all of the sessions may not be recorded and posted except as required for accommodation of students with disabilities. Due to the nature of this class, real-time attendance is required (without an alternative way to earn equivalent credit) except in cases of illness or emergency. |
| Law 209.48 Berkeley Empirical Legal Studies Seminar 1 Units |
| Spring 2020: Remote due to COVID Fall 2020: Remote due to COVID Spring 2021: Remote due to COVID Fall 2021: In-Person Spring 2022: In-Person Fall 2022: In-Person Spring 2023: In-Person Fall 2023: In-Person Spring 2024: In-Person Instruction Fall 2024: In-Person Spring 2025: In-Person Instruction |
| Description: Spring 2020 Description: The BELS (Berkeley Empirical Legal Studies) seminar provides a context for students in law and social sciences graduate students conducting quantitative or qualitative empirical work on law in which to develop articles for publication, dissertation chapters, grant proposals, dissertation proposals, and/or drafts of methodological instruments (e.g., surveys, interview protocols, and observational strategies), etc. Depending on the type of project and the stage the project is at, the seminar will address issues such as: framing research in terms of the relevant literatures in law, law and society, and social sciences; motivating and framing research questions; contributions of the research question to theory and policy; logical problems with the argument; research design and feasibility; types of data and data collection strategies; data analysis; relevant audiences; publication options and strategies; presentation styles; and funding options (for research proposals). At each session, one participant will have their written work discussed and one student will be asked to write and circulate in advance a written critique of the work being discussed that week. Critiques will be posted to bspace along with other relevant materials generated in the discussions (e.g., lists of additional readings on theoretical and/or methodological approaches). Each seminar participant must attend all sessions, present their work once or twice, and be a discussant. THE SEMINAR IS ONLY OPEN TO THOSE GRADUATE STUDENTS WHO HAVE APPLIED FOR AND HAVE BEEN SELECTED AS BELS FELLOWS. https://www.law.berkeley.edu/research/center-for-the-study-of-law-society/bels-fellows/ Fall 2020 Description: The BELS (Berkeley Empirical Legal Studies) seminar provides a context for students in law and social sciences graduate students conducting quantitative or qualitative empirical work on law in which to develop articles for publication, dissertation chapters, grant proposals, dissertation proposals, and/or drafts of methodological instruments (e.g., surveys, interview protocols, and observational strategies), etc. Depending on the type of project and the stage the project is at, the seminar will address issues such as: framing research in terms of the relevant literatures in law, law and society, and social sciences; motivating and framing research questions; contributions of the research question to theory and policy; logical problems with the argument; research design and feasibility; types of data and data collection strategies; data analysis; relevant audiences; publication options and strategies; presentation styles; and funding options (for research proposals). At each session, one participant will have their written work discussed and one student will be asked to write and circulate in advance a written critique of the work being discussed that week. Critiques will be posted to bspace along with other relevant materials generated in the discussions (e.g., lists of additional readings on theoretical and/or methodological approaches). Each seminar participant must attend all sessions, present their work once or twice, and be a discussant. THE SEMINAR IS ONLY OPEN TO THOSE GRADUATE STUDENTS WHO HAVE APPLIED FOR AND HAVE BEEN SELECTED AS BELS FELLOWS. https://www.law.berkeley.edu/research/center-for-the-study-of-law-society/bels-fellows/. Spring 2021 Description: The BELS (Berkeley Empirical Legal Studies) seminar provides a context for students in law and social sciences graduate students conducting quantitative or qualitative empirical work on law in which to develop articles for publication, dissertation chapters, grant proposals, dissertation proposals, and/or drafts of methodological instruments (e.g., surveys, interview protocols, and observational strategies), etc. Depending on the type of project and the stage the project is at, the seminar will address issues such as: framing research in terms of the relevant literatures in law, law and society, and social sciences; motivating and framing research questions; contributions of the research question to theory and policy; logical problems with the argument; research design and feasibility; types of data and data collection strategies; data analysis; relevant audiences; publication options and strategies; presentation styles; and funding options (for research proposals). At each session, one participant will have their written work discussed and one student will be asked to write and circulate in advance a written critique of the work being discussed that week. Critiques will be posted to bspace along with other relevant materials generated in the discussions (e.g., lists of additional readings on theoretical and/or methodological approaches). Each seminar participant must attend all sessions, present their work once or twice, and be a discussant. THE SEMINAR IS ONLY OPEN TO THOSE GRADUATE STUDENTS WHO HAVE APPLIED FOR AND HAVE BEEN SELECTED AS BELS FELLOWS. https://www.law.berkeley.edu/research/center-for-the-study-of-law-society/bels-fellows/ Fall 2021 Description: This course is a professional workshop for advanced graduate students selected to be BELS fellows through a competitive process the prior spring at the Center for the Study of Law and Society. Only BELS fellows may attend or enroll. This course will meet September 2nd, October 14th, November 4th and December 2nd. https://csls.berkeley.edu/opportunities/bels-fellowship Spring 2022 Description: empty Fall 2022 Description: THIS COURSE SHOULD NOT BE LISTED ON THE SCHEDULE OF CLASSES, IT IS A PRO SEMINAR FOR BERKELEY EMPIRICAL LEGAL STUDIES SCHOLARS SELECTED BY A COMPETITIVE PROCESS. Spring 2023 Description: empty Fall 2023 Description: This course is open only to BELS fellows selected though a competitive process the prior year. It should not be posted in the course roster for the law school. Spring 2024 Description: empty Fall 2024 Description: This is a professional workshop open only to CSLS Berkeley Empirical Law Fellows, selected by a competitive process the academic year before the course begins. Spring 2025 Description: This is a professional workshop open only to CSLS Berkeley Empirical Law Fellows, selected by a competitive process the academic year before the course begins. |
| Law 209.5 Research Design 3 Units |
| Spring 2020: Remote due to COVID Spring 2021: Remote due to COVID Spring 2025: In-Person |
| Description: Spring 2020 Description: This is an introductory course focusing on how to conceptualize and execute empirical research projects in the social sciences. We will briefly examine the philosophical issues that undergird such research, along with the nuts and bolts of actual research methods. At the end of this course, students should have a good sense of a range of research methods (both qualitative and quantitative) as well as a sense of how to think about the kinds of research problems that will provide the core of a Ph.D. thesis. The main intellectual agenda will be to develop a sophisticated and rigorous sense of how to ask and answer a scholarly interdisciplinary socio-legal research question using empirical observation (broadly defined). The objective for the semester is to write a research proposal in the style of a National Science Foundation (or other government agency) proposal. Students will also have smaller writing assignments over the course of the semester to learn how to write the components of an empirical research proposal. Admission to the course is by permission of the instructors only. Students should be prepared to describe the research project for which they will write a proposal in order to be admitted to the class. Students for whom this course is a degree requirement will have priority for enrollment. This course is primarily aimed at PhD students. Non-PhD students should consult with the instructor before enrolling in the course. Spring 2021 Description: This is an introductory course focusing on how to conceptualize and design empirical research projects in the social sciences. "Empirical research" includes a broad range of qualitative (including historical) and quantitative inquiry. We will briefly examine the philosophical issues that undergird such research, along with the nuts and bolts of actual research methods. At the end of this course, students should have a good familiarity with a range of research methods (both qualitative and quantitative) as well as a sense of how to think about the kinds of research problems that will occupy the core of a PhD dissertation or a similarly situated research project. The main intellectual agenda will be to develop a sophisticated and rigorous sense of how to ask and answer a scholarly research question concerning the workings of law and society (broadly understood), using social science and related data. Students should note that this course includes a simulation in which they will be asked to write a research proposal. Students will also be asked to complete smaller writing assignments throughout the course leading up to the final proposal. This course is primarily aimed at PhD students, although JSD and LLM thesis-track students interested in pursuing empirical research are welcome to apply. Admission to the course is by application. Students should email their applications to Professor Morrill by November 13th. In the application, students should briefly describe the research project they plan to write a proposal about in the class. Students for whom this course is a degree requirement will have priority for enrollment. After November 13th applications will be reviewed on a rolling basis. Due to the nature of this class, real-time attendance is required (without an alternative way to earn equivalent credit) except in cases of illness or emergency. Spring 2025 Description: This is an introductory course focusing on how to conceptualize and design empirical research projects in the social sciences. "Empirical research" includes a broad range of qualitative (including historical) and quantitative inquiry. We will briefly examine the philosophical issues that undergird such research, along with the nuts and bolts of actual research methods. At the end of this course, students should have a good familiarity with a range of research methods (both qualitative and quantitative) as well as a sense of how to think about the kinds of research problems that will occupy the core of a PhD dissertation or a similarly situated research project. The main intellectual agenda will be to develop a sophisticated and rigorous sense of how to ask and answer a scholarly research question concerning the workings of law and society (broadly understood), using social science and related data. Students should note that this course includes a simulation in which they will be asked to write a research proposal. Students will also be asked to complete smaller writing assignments throughout the course leading up to the final proposal. This is a required course for Phd students. Students from other degrees (JSD, LLM, JD) can apply to join the class by submitting an application to cmorrill@law.berkeley.edu by November 9th that includes a short paragraph describing why they want to design an empirical research project. Due to the nature of this class, real-time attendance is required (without an alternative way to earn equivalent credit) except in cases of illness or emergency. |
| Law 209.52 Research Design Normative Interpretive Inquiry 3 Units |
| Fall 2023: In-Person Instruction |
| Description: Fall 2023 Description: This course is designed primarily for graduate students in the JSP program interested in research design for normative and interpretive inquiries. It aims to introduce students to a variety of approaches to research design and conceptual analysis utilized in, among other fields, legal and political theory, jurisprudence, intellectual history, moral philosophy and ethics, and critical theory. Readings will be drawn from a wide range of authors, including Charles Taylor, William Dilthey, Alexandre Koyre, as well as contemporary scholars working on conceptual ethics, normativity, and mixed methods research. |
| Law 210 Legal Profession 2 Units |
| Spring 2020: Remote due to COVID Fall 2020: Remote due to COVID Spring 2021: Remote due to COVID Fall 2021: In-Person Spring 2022: In-Person Fall 2022: In-Person Spring 2023: In-Person Fall 2023: In-Person Spring 2024: In-Person Fall 2024: In-Person Spring 2025: In-Person |
| Description: Spring 2020 Description: This course will explore the ethical issues facing all lawyers in the practice of law. We will focus on the ABA’s Model Rules of Professional Conduct as well as ethics opinions, statutes, regulations and relevant case law, with some consideration of California ethics rules on select issues. The course’s aim is to provide students the tools to identify and analyze ethical questions from a practical perspective. We will utilize real and hypothetical case studies to contextualize the various rules and learn a process for facing ethical dilemmas. This course is interactive and requires participation in the form of class discussion. For this reasons, attendance is required. Ten percent of the final grade will be determined by class participation. The class will include some discussion of the MPRE, and practice multiple-choice questions, although it is not an MPRE prep course. Hans I. Moore is an Assistant District Attorney in the Independent Investigation Bureau, an independent unit within the San Francisco District Attorney's Office ensuring law enforcement accountability by conducting independent investigations, and where warranted, criminally prosecuting officers who violate the law. Prior to joining the SFDA's office Hans was a Senior Staff Attorney at Public Advocates, Inc., a non-profit civil rights law firm where he focused on education equity through policy advocacy and litigation. Hans has served as Deputy Trial Counsel at the Office of the Chief Trial Counsel for the State Bar of California where he prosecuted violations of California's Rules of Professional Conduct and the State Bar Act. Before moving to California, Hans practiced law in Maryland as a state prosecutor and civil litigator and served on Maryland's Attorney Grievance Commission which oversees the misconduct complaints lodged against Maryland attorneys. Fall 2020 Description: This course explores the law governing lawyers, with primary focus on the ABA Model Rules of Professional Conduct and secondary focus on selected California rules. This course satisfies the Professional Responsibility requirement. Attendance is strongly encouraged, significant class participation can result in a grade bump. The instructor will provide all course materials online including an outline of the relevant law and a packet or readings and hypotheticals. Students may choose between an issue spotter final exam or writing a 20-page, double-spaced paper on some topic relevant to the course. (The instructor, John Steele, is a solo practitioner and is a certified specialist in the law of legal malpractice (Cal. Bd. of Legal Spec.)) Spring 2021 Description: This course explores the law governing lawyers, with primary focus on the ABA Model Rules of Professional Conduct and secondary focus on selected California rules. This course satisfies the Professional Responsibility requirement. Attendance is strongly encouraged, significant class participation can result in a grade bump. The instructor will provide all course materials online including an outline of the relevant law and a packet or readings and hypotheticals. Students may choose between an issue spotter final exam or writing a 20-page, double-spaced paper on some topic relevant to the course. (The instructor, John Steele, is a solo practitioner and is a certified specialist in the law of legal malpractice (Cal. Bd. of Legal Spec.)) Fall 2021 Description: This course explores the law governing lawyers, with primary focus on the ABA Model Rules of Professional Conduct and secondary focus on selected California rules. This course satisfies the Professional Responsibility requirement. Attendance is strongly encouraged, significant class participation can result in a grade bump. The instructor will provide all course materials online including an outline of the relevant law and a packet or readings and hypotheticals. Students may choose between an issue spotter final exam or writing a 20-page, double-spaced paper on some topic relevant to the course. (The instructor, John Steele, is a solo practitioner and is a certified specialist in the law of legal malpractice (Cal. Bd. of Legal Spec.)) Spring 2022 Description: This course will explore the ethical issues facing all lawyers in the practice of law. We will focus on the ABA’s Model Rules of Professional Conduct as well as ethics opinions, statutes, regulations and relevant case law, with some consideration of California ethics rules on select issues. The course’s aim is to provide students the tools to identify and analyze ethical questions from a practical perspective. We will utilize real and hypothetical case studies to contextualize the various rules and learn a process for facing ethical dilemmas. This course is interactive and requires participation in the form of class discussion and small-group exercises. For this reason, attendance is required. Ten percent of the final grade will be determined by class participation. The class will include some discussion of the MPRE, and practice multiple-choice questions, although it is not an MPRE prep course. Merri A. Baldwin is a shareholder at the San Francisco law firm of Rogers Joseph O'Donnell where she represents attorneys and law firms in legal malpractice, discipline and risk management issues. She is a member of the California Lawyers Association Legal Ethics Committee and the past chair of the California State Bar Association’s Committee on Professional Responsibility and Conduct (COPRAC). Fall 2022 Description: This course will explore the ethical issues facing all lawyers in the practice of law. We will focus on the ABA’s Model Rules of Professional Conduct as well as ethics opinions, statutes, regulations and relevant case law, with consideration of California ethics rules on select issues. The course’s aim is to provide students the tools to identify and analyze ethical questions from a practical perspective. We will utilize real and hypothetical case studies to contextualize the various rules and learn a process for facing ethical dilemmas. This course is interactive and requires participation in the form of class discussion and small-group exercises. For this reason, attendance is required. Fifteen percent (15%) of the final grade will be determined by class participation. Dena M. Roche is a Managing Partner and founder of the California law firm O’Rielly & Roche LLP, where she counsels lawyers, law firms, and in-house legal departments on matters of professional responsibility, risk management, and law firm practice management. She is the current advisor and past chair of the State Bar of California’s Committee on Professional Responsibility and Conduct (COPRAC). Spring 2023 Description: This course will explore the ethical issues facing all lawyers in the practice of law. We will focus on the ABA’s Model Rules of Professional Conduct as well as ethics opinions, statutes, regulations and relevant case law, with some consideration of California ethics rules on select issues. The course’s aim is to provide students the tools to identify and analyze ethical questions from a practical perspective. We will utilize real and hypothetical case studies to contextualize the various rules and learn a process for facing ethical dilemmas. This course is interactive and requires participation in the form of class discussion and small-group exercises. For this reason, attendance is required. Ten percent of the final grade will be determined by class participation. The class will include some discussion of the MPRE, and practice multiple-choice questions, although it is not an MPRE prep course. This class will be co-taught by Merri A. Baldwin and Amy Bomse. Both are shareholders at the San Francisco law firm of Rogers Joseph O'Donnell where they represent attorneys and law firms in legal malpractice, discipline and risk management issues. Both are past chairs of the California State Bar Association’s Committee on Professional Responsibility and Conduct. Fall 2023 Description: This course will explore the ethical issues facing all lawyers in the practice of law. We will focus on the ABA’s Model Rules of Professional Conduct as well as ethics opinions, statutes, regulations and relevant case law, with consideration of California ethics rules on select issues. The course’s aim is to provide students the tools to identify and analyze ethical questions from a practical perspective. We will utilize real and hypothetical case studies to contextualize the various rules and learn a process for facing ethical dilemmas. This course is interactive and requires participation in the form of class discussion and small-group exercises. For this reason, attendance is required. Fifteen percent (15%) of the final grade will be determined by class participation. Dena M. Roche is a Managing Partner and founder of the California law firm O’Rielly & Roche LLP, where she counsels lawyers, law firms, and in-house legal departments on matters of professional responsibility, risk management, and law firm practice management. She is the former advisor and past chair of the State Bar of California’s Committee on Professional Responsibility and Conduct (COPRAC) and is actively involved in the California and national ethics community. Spring 2024 Description: This course will explore the ethical issues facing all lawyers in the practice of law. We will focus on the ABA’s Model Rules of Professional Conduct as well as ethics opinions, statutes, regulations and relevant case law, with some consideration of California ethics rules on select issues. The course’s aim is to provide students the tools to identify and analyze ethical questions from a practical perspective. We will utilize real and hypothetical case studies to contextualize the various rules and learn a process for facing ethical dilemmas. This course is interactive and requires participation in the form of class discussion and small-group exercises. For this reason, attendance is required. Ten percent of the final grade will be determined by class participation. The class will include some discussion of the MPRE, and practice multiple-choice questions, although it is not an MPRE prep course. This class will be taught by Amy Bomse. Ms. Bomse is a practicing lawyer and a partner at the San Francisco law firm of Rogers Joseph O'Donnell. She represents attorneys and law firms in legal malpractice, discipline and risk management issues. She chaired the California State Bar Association’s Committee on Professional Responsibility and Conduct. Fall 2024 Description: This course will explore the ethical issues facing all lawyers in the practice of law. We will focus on the ABA’s Model Rules of Professional Conduct as well as ethics opinions, statutes, regulations and relevant case law, with consideration of California ethics rules on select issues. The course aims to provide students the tools to identify and analyze ethical questions from a practical perspective. We will utilize real and hypothetical case studies to contextualize the various rules and learn a process for facing ethical dilemmas. This course is interactive and requires participation in the form of class discussion and small-group exercises. For this reason, attendance is required. Fifteen percent (15%) of the final grade will be determined by class participation. Dena M. Roche is a Managing Partner and founder of the California law firm O’Rielly & Roche LLP, where she counsels lawyers, law firms, and in-house legal departments on matters of professional responsibility, risk management, and law firm practice management. She is the former advisor and past chair of the State Bar of California’s Committee on Professional Responsibility and Conduct (COPRAC) and is actively involved in the California and national ethics community. Spring 2025 Description: This course will explore the ethical issues facing all lawyers in the practice of law. We will focus on the ABA’s Model Rules of Professional Conduct as well as ethics opinions, statutes, regulations and relevant case law, with consideration of California ethics rules on select issues. The course aims to provide students the tools to identify and analyze ethical questions from a practical perspective. We will utilize real and hypothetical case studies to contextualize the various rules and learn a process for facing ethical dilemmas. This course is interactive and requires participation in the form of class discussion and small-group exercises. For this reason, attendance is required. Ten percent (10%) of the final grade will be determined by class participation. |
| Law 210.1S Legal Ethics in the Practice of Law 3 Units |
| Summer 2021: Hybrid Summer 2022: In-Person Summer 2023: In-Person Summer 2024: In-Person Summer 2025: In-Person |
| Description: Summer 2021 Description: This course is a practical exploration of the varied and often competing duties and influences that guide lawyers’ conduct. These duties derive largely from written ethical rules and case law. The ABA Model Rules of Professional Conduct have been adopted in one form or another by almost every state except California. The MPRE exam is based on these rules. We will look closely at them. We will also consider the major differences between the ABA Model Rules and California’s rules. But we will drill much more deeply than a mere study of rules and cases. This course will challenge you to understand the limitations of the rules and to reflect on how you would (or do) conduct yourselves when facing a variety of ethical dilemmas. We will explore a range of ethical problems faced by practicing lawyers. We will consider litigation and transactional matters, civil and criminal cases, and the particular concerns of prosecutors and other government lawyers. We will assess the kinds of ethical and moral decisions lawyers must make and the many consequences of those decisions. Classes will contain lectures but will primarily feature an extended conversation among the whole class about a series of current ethical cases and hypothetical problems. The hypos are designed to mirror genuine practice situations that also could be on the bar exam. The problems largely defy the idea of a “correct” answer. We will focus on those difficult cases that fall in the interstices of the rules, a place where common sense and a moral compass offer necessary guidance. They are intended to draw out varying points of view. You are encouraged to offer your own experiences and values as well as your country’s different approaches into the discussions. NOTE: Real time attendance is required for this course. You must be able to attend in real time either in-person or on Zoom. This course will meet in-person on campus on July 21st, 22nd, 23rd, 26th, and 27th in room 105. Summer 2022 Description: The course is intended to familiarize students with the ABA Model Rules of Professional Conduct, which are tested on the MPRE exam and the California Bar Exam, and the California Rules of Professional Conduct, which are tested on the California Bar Exam. We begin with an explanation of the rules that most frequently affect practicing attorneys. Then we either complete reinforcement exercises that apply the rules to different fact scenarios or we break into groups to discuss more detailed ethical problems from the Lerman and Schrag casebook that require a working knowledge of the rules combined with critical judgment. Some of the group exercises are based on actual scenarios; some are fictional; all provoke strong opinions. On days when we break into groups, we will all debrief together at the end of class. Professor Lois Schwartz has been teaching law students for over 25 years. She graduated from Berkeley Law in 1989. She is a member of the full-time faculty at UC Hastings and has taught a popular Legal Ethics course there for many years. She has participated in groups encouraging the reform of California Rules of Ethics and makes a particular point of incorporating relevant ethical issues into the other doctrinal courses she teaches. Texts for Legal Ethics: Rule Book. ABA Model Rules of Professional Conduct 2021 ed. ISBN 1641058595 and 978-1641058599. There is also an e-book available. Order from amazon.com or www.ShopABA.org. Past editions are OK. This is the least expensive publication that contains both the rules and the comments. Other MRPC rule books are also OK. The ABA Model Rules are also available online but your access to online sites may be restricted while you are writing the final exam. Case book. Authors Lerman and Schrag have two versions of their casebook. One is the full text. That is the fifth edition described below. The other is the concise edition, which is the fourth edition described below. Either is fine for this course. Prior editions are also fine. You may purchase or rent either. I believe e-books are also available. Lisa Lerman & Philip Schrag, Ethical Problems in the Practice of Law. Full 5th edition (Wolters Kluwer 2020). ISBN: 9781543804669. OR Lisa Lerman and Philip Schrag, Ethical Problems in the Practice of Law Concise Edition. 4th edition (Wolters Kluwer 2016). ISBN-13: 978-1454891284 or ISBN-10: 1454891289. This is a shorter version of the full text casebook but the savings are not significant. Prior editions are fine. Summer 2023 Description: The course is intended to familiarize students with the ABA Model Rules of Professional Conduct, which are tested on the MPRE exam and the California Bar Exam, and the California Rules of Professional Conduct, which are tested on the California Bar Exam. We begin with an explanation of the rules that most frequently affect practicing attorneys. Then we either complete reinforcement exercises that apply the rules to different fact scenarios or we break into groups to discuss more detailed ethical problems from the Lerman and Schrag casebook that require a working knowledge of the rules combined with critical judgment. Some of the group exercises are based on actual scenarios; some are fictional; all provoke strong opinions. On days when we break into groups, we will all debrief together at the end of class. Professor Lois Schwartz has been teaching law students for over 25 years. She graduated from Berkeley Law in 1989. She is a member of the full-time faculty at UC Hastings and has taught a popular Legal Ethics course there for many years. She has participated in groups encouraging the reform of California Rules of Ethics and makes a particular point of incorporating relevant ethical issues into the other doctrinal courses she teaches. Texts for Legal Ethics: Rule Book. ABA Model Rules of Professional Conduct 2022 ed. ISBN 9781639051281. There is also an e-book available. Order from amazon.com or www.ShopABA.org. The product code on the ABA website is 2150083. Past editions are OK. This is the least expensive publication that contains both the rules and the comments. Other MRPC rule books are also OK. The ABA Model Rules are also available online but your access to online sites may be restricted while you are writing the final exam. Case book. Authors Lerman and Schrag have two versions of their casebook. One is the full text. That is the fifth edition described below. The other is the concise edition, which is the fourth edition described below. Either is fine for this course. Prior editions are also fine. You may purchase or rent either. I believe e-books are also available. Lisa Lerman & Philip Schrag, Ethical Problems in the Practice of Law. Full 5th edition (Wolters Kluwer 2020). ISBN: 9781543804669. OR Lisa Lerman and Philip Schrag, Ethical Problems in the Practice of Law Concise Edition. 4th edition (Wolters Kluwer 2016). ISBN-13: 978-1454891284 or ISBN-10: 1454891289. This is a shorter version of the full text casebook but the savings are not significant. Prior editions are fine. Summer 2024 Description: The course is intended to familiarize students with the ABA Model Rules of Professional Conduct, which are tested on the MPRE exam and the California Bar Exam, and the California Rules of Professional Conduct, which are tested on the California Bar Exam. We begin with an explanation of the rules that most frequently affect practicing attorneys. Then we either complete reinforcement exercises that apply the rules to different fact scenarios or we break into groups to discuss more detailed ethical problems from the Lerman and Schrag casebook that require a working knowledge of the rules combined with critical judgment. Some of the group exercises are based on actual scenarios; some are fictional; all provoke strong opinions. On days when we break into groups, we will all debrief together at the end of class. Professor Lois Schwartz has been teaching law students for over 25 years. She graduated from Berkeley Law in 1989. She is a member of the full-time faculty at UC Hastings and has taught a popular Legal Ethics course there for many years. She has participated in groups encouraging the reform of California Rules of Ethics and makes a particular point of incorporating relevant ethical issues into the other doctrinal courses she teaches. Summer 2025 Description: This course fulfills the ABA requirement for legal ethics. We will cover the ABA Model Rules of Professional Conduct and will apply them to realistic hypotheticals drawn from practice experience. The instructor will provide all course materials online including an outline of the relevant law and a packet of readings and hypotheticals. |
| Law 210.2A Workshop in Law, Philosophy & Political Theory 3 Units |
| Fall 2020: Remote due to COVID Fall 2021: In-Person Fall 2022: In-Person Fall 2023: In-Person Fall 2024: In-Person |
| Description: Fall 2020 Description: This course is a workshop for discussing work-in-progress in moral, political, and legal theory. The central aim is to enable students to engage directly with legal scholars, philosophers, and political theorists working on important normative questions. Another aim is to bring together scholars from different disciplines and perspectives, such as economics, history, sociology, and political science, who have normative interests. This semester the workshop, co-taught by Joshua Cohen and Desmond Jagmohan, will focus on the theme of property and justice. The semester will look at the subject historically and thematically. There are several sub-themes worth noting. The first is on the philosophical and legal foundations of property rights, moving from intimate to global concerns: the idea of self-ownership (Carnegy-Arbuthnott), patent protection and distributive justice (Syed), ownership and social obligations (Katz), and public ownership (Wyman). The second theme is on the historical relationship between race, slavery and property (Rosenthal, Jones-Rogers, and Nichols): what it means to own human beings, to have propery right in another person. The third theme is on territory and indigenous politics: the cost of conquest in North America (Hendrix) and its literary reclaiming (intellectual property) in the Americas, more broadly (Zimmer). The fourth theme looks at property rights from two quite different perspectives: the use of coercion to coordinate property rights across borders (Wenar) and what it means to have few, if any property rights—homelessness (Essert). The moral vulnerabilities of the homeless should be of especial interest here. The format of the course is as follows. For the sessions with guest presenters, a designated student commentator will lead off with a 15-minute comment on the paper. The presenter will have 5-10 minutes to respond and then we will open up the discussion to the group. The first part of the course will be open to non-enrolled students, faculty, and visitors who wish to participate in the workshop discussion. We’ll stop for a break at 2:00 and those not enrolled in the course will leave. Enrolled students will continue the discussion with the guest until 3:00. This is a cross-listed/room-shared course with the Philosophy and Political Science Departments. Students may enroll through Law (Law 210.2), Philosophy (Philosophy 290-09), or Political Science (PS 211). The first class will meet on Friday, August 28. Schedule: 8/28 Intro meeting (for enrolled students only) 9/4 Burke Hendrix, University of Oregon 9/11 Hannah Carnegy-Arbuthnott, York University 9/18 Leif Wenar, Stanford University 9/25 Caitlin Rosenthal, UC, Berkeley 10/2 Talha Syed, UC, Berkeley 10/9 Stephanie Jones-Rogers, UC, Berkeley 10/16 Robert Nichols, University of Minnesota 10/23 Chris Essert, University of Toronto 11/30 Zac Zimmer, University of California, Santa Cruz 11/6 Katrina Wyman, NYU Law 11/13 Martin Hagglund, Yale University 11/20 Larissa Katz, University of Toronto Fall 2021 Description: This course is a workshop for discussing work-in-progress in moral, political, and legal theory. The central aim is to enable students to engage directly with legal scholars, philosophers, and political theorists working on important normative questions. Another aim is to bring together scholars from different disciplines and perspectives, such as economics, history, sociology, and political science, who have normative interests. The theme for the Fall 2021 workshop is Rawls’s A Theory of Justice fifty years on. The format of the course is as follows: for the sessions with guest presenters, a designated student commentator will lead off with a 15-minute comment on the paper. The presenter will have 5-10 minutes to respond and then we will open up the discussion to the group. The first part of the course will be open to non-enrolled students, faculty, and visitors who wish to participate in the workshop discussion. We’ll stop for a break at 2:00 and those not enrolled in the course will leave. Enrolled students will continue the discussion with the guest until 3:00. This is a cross-listed/room-shared course with the Philosophy and Political Science Departments. Students may enroll through Law (Law 210.2A), Philosophy (Philosophy 290-07), or Political Science (PS 211). The first class will be on Friday, August 20th - 12PM-3PM, and the final class meeting is November 19th . This semester the workshop is co-taught by Joshua Cohen and Veronique Munoz-Darde. 20th August - Introduction - no speaker 27th August - Lara Buchak, Princeton 3rd September- Thomas Piketty, EHESS & the Paris School of Economics 10th September- Samuel Scheffler, NYU 17th September- Samuel Freeman, University of Pennsylvania 24th September- Sarah Song, UC Berkeley 1st October- Tommie Shelby, Harvard 8th October- Seana Shiffrin, UCLA 15th October- T. M. Scanlon, Harvard 22nd October- Arthur Ripstein, University of Toronto 29th October- Teresa Bejan, Oxford 5th November- Erin Kelly, Tufts 12th November- Josh Cohen, UC Berkeley 19th November- Kenzie Bok, Harvard Fall 2022 Description: This course is a workshop for discussing work-in-progress in moral, political, and legal theory. The central aim is to enable students to engage directly with legal scholars, philosophers, and political theorists working on important normative questions. Another aim is to bring together scholars from different disciplines and perspectives, such as economics, history, sociology, and political science, who have normative interests. The theme for the Fall 2022 workshop is "Structural Injustice". The format of the course is as follows: for the sessions with guest presenters, a designated student commentator will lead off with a 15-minute comment on the paper. The presenter will have 5-10 minutes to respond and then we will open up the discussion to the group. The first part of the course will be open to non-enrolled students, faculty, and visitors who wish to participate in the workshop discussion. We’ll stop for a break at 2:00 and those not enrolled in the course will leave. Enrolled students will continue the discussion with the guest until 3:00. This is a cross-listed/room-shared course with the Philosophy and Political Science Departments. Students may enroll through Law (Law 210.2A), Philosophy (Philosophy 290-08), or Political Science (PS 211). The first class will be on Friday, August 26th - 12PM-3PM, and the final class meeting is December 2nd . This semester the workshop is co-taught by Johann Frick and Veronique Munoz-Darde. August 26: Introduction, no speaker Sep 2: Sally Haslanger Sep 9: Kate Manne Sep 16: Alex Voorhoeve Sep 23: Renée Jorgensen Sep 30: tbc Oct 7: Lucas Stanczyk Oct 14: tbc Oct: 21: Wendy Salkin, Stanford Oct: 28: David Estlund Nov 4: Khiara Bridges Nov 18: Debra Satz Fall 2023 Description: This course is a workshop for discussing work-in-progress in moral, political, and legal theory. The central aim is to enable students to engage directly with legal scholars, philosophers, and political theorists working on important normative questions. Another aim is to bring together scholars from different disciplines and perspectives, such as economics, history, sociology, and political science, who have normative interests. The theme for the Fall 2023 workshop is "Current Work on the History of Political, Legal, and Moral Philosophy." The format of the course is as follows: for the sessions with guest presenters, a designated student commentator will lead off with a 15-minute comment on the paper. The presenter will have 5-10 minutes to respond and then we will open up the discussion to the group. The first part of the course will be open to non-enrolled students, faculty, and visitors who wish to participate in the workshop discussion. We’ll stop for a break at 2:00 and those not enrolled in the course will leave. Enrolled students will continue the discussion with the guest until 3:00. This is a cross-listed/room-shared course with the Philosophy and Political Science Departments. Students may enroll through Law (Law 210.2A), Philosophy (Philosophy 290), or Political Science (PS 211). This semester the workshop is co-taught by Joshua Cohen and Kinch Hoekstra. Fall 2024 Description: This course is a workshop for discussion work-in-progress in moral, political, and legal theory. The central aim is to enable students to engage directly with legal scholars, philosophers, and political theorists working on important normative questions. Another aim is to bring together scholars from different disciplines and perspectives, such as economics, history, sociology, and political science, who have normative interests. The format of the course is as follows: for the sessions with guest presenters, a designated student commentator will lead off with a 15 minute comment on the paper. The presenter will have 5-10 minutes to respond and then we will open up the discussion to the group. The first part of the course will be open to non-enrolled students, faculty, and visitors who wish to participate in the workshop discussion. We'll stop for a break at 2:00 and those not enrolled in the course will leave. Enrolled students will continue the discussion with the guest until 3:00. This is a cross-listed/room-shared course with the Philosophy and Political Science Departments. Students may enroll through Law (Law 210.2A), Philosophy (Philosophy 290-6), or Political Science. This semester the workshop is co-taught by Josh Cohen and Veronique Munoz-Darde. |
| Law 210.2B Workshop in Law, Philosophy & Political Theory 3 Units |
| Spring 2020: Remote due to COVID Spring 2021: Remote due to COVID Spring 2022: In-Person Spring 2023: In-Person Spring 2024: In-Person Spring 2025: In-Person |
| Description: Spring 2020 Description: This course is a workshop for discussing works in progress in moral, political, and legal theory. The workshop creates a space for students to engage directly with philosophers, political theorists, and legal scholars working on normative questions toward the goal of fostering critical thinking about concepts of value and developing analytical thinking and writing skills. Another aim is to bring together people from different disciplines and perspectives who have strong normative interests or who speak to issues philosophers and theorists should know something about. For Spring 2020, the workshop will focus on work at the intersection of political economy, democracy, and justice. The schedule of guest speakers is included below. The format of the course is as follows. For the sessions with guest presenters, lunch will be served starting at 12:00. We’ll begin at 12:15. A designated commentator will lead off with a 15-minute comment on the paper. The presenter will have 5-10 minutes to respond and then we will open up the discussion to the group. The first part of the course will be open to non-enrolled students, faculty, and visitors who wish to participate in the workshop discussion. We’ll stop for a break at 2 and those not enrolled in the course will leave. Enrolled students will continue the discussion with the guest from 2:10 to 3:00. This is a shared seating course between the Law School (Law 210.2B), the Philosophy Department (Philosophy 290-6), and the Political Science Department (PS 211). Guest speaker schedule: Jan. 17 Introductory session (for enrolled students only) Jan. 24 Gina Schouten (Harvard Philosophy) Jan. 31 Katharina Pistor (Columbia Law) Feb. 7 Aziz Rana (Cornell Law) Feb.14 Isabelle Ferreras (University of Louvain) Feb.21 Stefan Eich (Georgetown Political Science) Feb.28 Steven Vogel (Berkeley Political Science) March 6 David Grewal (Berkeley Law) March 13 Enrico Moretti (Berkeley Economics) March 20 Sophia Moreau (Toronto Law & Philosophy) April 3 Lucas Stanczyk (Harvard Philosophy) April 10 Amy Kapczynski (Yale Law) April 17 Reva Siegel (Yale Law) April 24 Closing session (for enrolled students only) Spring 2021 Description: This course is a workshop for discussing works in progress in moral, political, and legal theory. The workshop creates a space for students to engage directly with philosophers, political theorists, and legal scholars working on normative questions toward the goal of fostering critical thinking about concepts of value and developing analytical thinking and writing skills. Another aim is to bring together people from different disciplines and perspectives who have strong normative interests or who speak to issues philosophers and theorists should know something about. For Spring 2021, the workshop will focus on the theme of democracy. The schedule of guest speakers is included below. The format of the course is as follows. For the sessions with a guest presenter, we’ll begin at 12:00pm. A designated commentator will lead off with a 15-minute comment on the paper. The presenter will have 5-10 minutes to respond and then we will open up the discussion to the group. The first part of the course will be open to non-enrolled students, faculty, and visitors who wish to participate in the workshop discussion. We’ll stop for a break at 2 and those not enrolled in the course will leave. Enrolled students will continue the discussion with the guest from 2:10 to 3:00. This is a shared seating course between the Law School (Law 210.2B), the Philosophy Department (Philosophy 290-6), and the Political Science Department (PS 211). Speaker schedule: January 22 -- Michael Hanchard (UPenn Africana Studies) January 29 -- Nadia Urbinati (Columbia Political Science) February 5 -- Eric Schickler & Paul Pierson (Berkeley Political Science) February 12 -- Daniela Cammack (Berkeley Political Science) February 19 -- Hélène Landemore (Yale Political Science) February 26 -- Lawrie Balfour (Virginia Politics) March 5 -- Niko Kolodny (Berkeley Philosophy) March 12 -- Aziz Huq (UChicago Law) March 19 -- Jonathan Gould (Berkeley Law) April 2 -- Melissa Lane (Princeton Politics) April 9 -- Richard Pildes (NYU Law) April 16 -- Michael Dawson (UChicago Political Science) April 23 -- David Estlund (Brown Philosophy) April 30 -- Closing session (enrolled students only) Spring 2022 Description: This course is a workshop for discussing works in progress in moral, political, and legal theory. The workshop creates a space for students to engage directly with philosophers, political theorists, and legal scholars working on normative questions toward the goal of fostering critical thinking about concepts of value and developing analytical thinking and writing skills. Another aim is to bring together people from different disciplines and perspectives who have strong normative interests or who speak to issues philosophers and theorists should know something about. The format of the course is as follows. For the sessions with a guest presenter, we’ll begin at 12:00pm. A designated commentator will lead off with a 15-minute comment on the paper. The presenter will have 5-10 minutes to respond and then we will open up the discussion to the group. The first part of the course will be open to non-enrolled students, faculty, and visitors who wish to participate in the workshop discussion. We’ll stop for a break at 2 and those not enrolled in the course will leave. Enrolled students will continue the discussion with the guest from 2:10 to 3:00. This is a shared seating course between the Law School (Law 210.2B), the Philosophy Department (Philosophy 290-6), and the Political Science Department (PS 211). Spring 2023 Description: This course is a workshop for discussing works in progress in moral, political, and legal theory. The workshop creates a space for students to engage directly with philosophers, political theorists, and legal scholars working on normative questions toward the goal of fostering critical thinking about concepts of value and developing analytical thinking and writing skills. Another aim is to bring together people from different disciplines and perspectives who have strong normative interests or who speak to issues philosophers and theorists should know something about. For Spring 2023, the workshop will focus on the intersection of religion with law, politics, and philosophy. The schedule of guest speakers will be posted as the semester approaches. The format of the course is as follows. A designated student commentator will lead off with a 15-minute comment on the paper. The presenter will have 5-10 minutes to respond and then we will open up the discussion to the group. The first part of the course will be open to all, including non-enrolled students, faculty, and visitors who wish to participate in the workshop discussion. We’ll stop for a break and those not enrolled in the course will leave. Enrolled students will continue the discussion with the guest for the last 50 minutes. This is a shared seating course between the Law School (Law 210.2B), the Philosophy Department (Philosophy 290-7), and the Political Science Department (PS 211). Spring 2024 Description: A workshop for presenting and discussing work in progress in moral, political, and legal theory. The central aim is to provide an opportunity for students to engage with philosophers, political theorists, and legal scholars working on normative questions. Another aim is to bring together people from different disciplines who have strong normative interests or who speak to issues of potential interest to philosophers and political theorists. The theme for Spring 2024 is "Intelligence: Human, Animal, Artificial," and we will host scholars working in Philosophy, Biology, Psychology, Law, and Engineering. Our underlying concern will be the normative implications of different ideas of what intelligence is and can do. Format: for the first two hours, a student will lead off with a 15-minute comment on the presenter’s paper and the presenter will have 5-10 minutes to respond before we open up the discussion to the group. The first two hours will be open to non-enrolled students and faculty. For the third hour, the guest presenter will continue the discussion with students enrolled in the course. Enrolled students must serve as a discussant for at least one presenter’s work in progress and write three short response papers as well as a final paper of 15-20 pages. The course is cross-listed with the Philosophy and Political Science Departments. Spring 2025 Description: A workshop for presenting and discussing work in progress in moral, political, and legal theory. The central aim is to provide an opportunity for students to engage with philosophers, political theorists, and legal scholars working on normative questions. Another aim is to bring together people from different disciplines who have strong normative interests or who speak to issues of potential interest to philosophers and political theorists. The theme for Spring 2025 is "Critics of Liberalism," and we will host scholars working in Philosophy, Law, History, and Political Science. Our underlying concern will be the normative critiques of substantive liberal ideas from both the left and right, as well as staunch defenders of liberalism. Format: for the first two hours, a student will lead off with a 15-minute comment on the presenter’s paper and the presenter will have 5-10 minutes to respond before we open up the discussion to the group. The first two hours will be open to non-enrolled students and faculty. For the third hour, the guest presenter will continue the discussion with students enrolled in the course. Enrolled students must serve as a discussant for at least one presenter’s work in progress and write three short response papers as well as a final paper of 15-20 pages. The course is cross-listed with the Philosophy (290-6) and Political Science (211) Departments. |
| Law 210.6 Mindfulness for Lawyers:Essential Tools for Greater Effectiveness and Wellbeing in the Law 2 Units |
| Fall 2020: Remote due to COVID Spring 2022: In-Person Spring 2023: In-Person Spring 2024: In-Person Spring 2025: In-Person |
| Description: Fall 2020 Description: This course will be an exploration of what it means to bring mindful awareness and mindful thought leadership to the study and practice of law. As you engage in this exploration you'll be testing two hypotheses: (i) That in any given moment you have the opportunity - and maybe, because of the influence you will have as a member of the legal profession, you have the obligation - to choose who you are, what values are crucial to you, and how you'll honor those values, as students, members of the bar, and members of society; and (ii) That cultivating mindful awareness and developing mindful thought leadership gives you critical tools to help you make those choices in ways that can result in less conflict and suffering, and more effectiveness, compassion, and wellbeing, for yourselves and your clients, in your profession, and in the wide sphere of influence that you, as lawyers, will have. Here's another way of saying this, from J. Krishnamurti: To transform the world, we must begin with ourselves; and what is important in beginning with ourselves is the intention. The intention must be to understand ourselves and not to leave it to others to transform themselves or to bring about a modified change through revolution, either of the left or of the right. It is important to understand that this is our responsibility, yours and mine; because, however small may be the world we live in, if we can transform ourselves, bring about a radically different point of view in our daily existence, then perhaps we shall affect the world at large, the extended relationship with others. Attendance and class participation are the essential elements of this course. You will be allowed no more than two unexcused absences OR two unexcused missed journal entries OR one unexcused absence and one unexcused missed journal entry, and are discouraged from missing any classes or journal entries. There will be an all-day, off-site retreat on Saturday , November 7th, which you will be required to attend. If you are enrolling in this class, please be sure you can attend this date. If you do not attend the retreat, you cannot pass the class. You will be encouraged to practice mindfulness meditation every day. You will also be required to submit a short journal entry to the instructor each week (mentioned above), and to submit a final paper of no more than three pages in length. Attendance at the first class is mandatory for all enrolled students; any enrolled student who is not present at the first day of class without prior permission of the instructor (rarely given) will be dropped from the class. Attendance at the first class is also mandatory if you are on the waitlist and would like to be admitted to the class, and such continuing attendance is required through the drop/add period if you wish to remain on the waitlist. Due to the nature of this class, real-time attendance is required (without an alternative way to earn equivalent credit) except in cases of illness or emergency. ... Professor Judi Cohen is an attorney, mindfulness teacher, and lecturer at Berkeley Law. She practiced law from 1984 to 2014, and for ten of those years also taught academic classes at USF School of Law. She began practicing yoga in the mid-1980's and mindfulness meditation in 1993, and has sat more than 130 days of silent retreat. In 2009, she founded Warrior One and developed the Essential Mindfulness for Lawyers® curriculum, an integration of classical mindfulness, modern neuroscience, and the psychology of the legal mind. In addition to teaching at Berkeley and running Warrior One, Professor Cohen is a founding board member and the Teachers Division chair for the Mindfulness in Law Society, and a member of the Bay Area Working Group for Law and Meditation. Spring 2022 Description: This course will be an exploration of what it means to bring mindful awareness and mindful thought leadership to the study and practice of law. As you engage in this exploration you'll be testing two hypotheses: (i) That in any given moment you have the opportunity - and maybe, because of the influence you will have as a member of the legal profession, you have the obligation - to choose who you are, what values are crucial to you, and how you'll honor those values, as students, members of the bar, and members of society; and (ii) That cultivating mindful awareness and developing mindful thought leadership gives you critical tools to help you make those choices in ways that can result in less conflict and suffering, and more effectiveness, compassion, and wellbeing, for yourselves and your clients, in your profession, and in the wide sphere of influence that you, as lawyers, will have. Here's another way of saying this, from J. Krishnamurti: To transform the world, we must begin with ourselves; and what is important in beginning with ourselves is the intention. The intention must be to understand ourselves and not to leave it to others to transform themselves or to bring about a modified change through revolution, either of the left or of the right. It is important to understand that this is our responsibility, yours and mine; because, however small may be the world we live in, if we can transform ourselves, bring about a radically different point of view in our daily existence, then perhaps we shall affect the world at large, the extended relationship with others. Attendance and class participation are the essential elements of this course. You will be allowed no more than two unexcused absences OR two unexcused missed journal entries OR one unexcused absence and one unexcused missed journal entry, and are discouraged from missing any classes or journal entries. There will be an all-day, off-site retreat on Saturday, February 26th 9AM-4PM, which you will be required to attend. If you are enrolling in this class, please be sure you can attend this date. If you do not attend the retreat, you cannot pass the class. As you might note from course evaluations, in previous years this retreat constituted the final class. This year, the retreat is scheduled towards the beginning of class. Class will continue after the retreat, to the end of the semester. You will be encouraged to practice both solitary and portable mindfulness every day. You will also be required to submit a short journal entry to the instructor each week (mentioned above), and to submit a final paper of no more than three pages in length. ... Professor Judi Cohen is an attorney, mindfulness teacher, and lecturer at Berkeley Law. She practiced law from 1984 to 2014, and for ten of those years also taught academic classes at USF School of Law. She began practicing yoga in the mid-1980's and mindfulness meditation in 1993, and has sat more than 150 days of silent retreat. In 2009, she founded Warrior One and developed the Mindfulness for the Legal Mind curriculum, an integration of classical mindfulness, modern neuroscience, and the psychology of the legal mind. In addition to teaching at Berkeley and running Warrior One, Professor Cohen is a founding board member and the Teachers Collective chair for the Mindfulness in Law Society, and a member of the Bay Area Working Group for Law and Meditation. Spring 2023 Description: This course begins with an introduction to mindfulness practices to understand how the mind works, and how to reduce stress, cultivate greater wellbeing, and create intentional, positive, powerful, states of mind. It then invites you into an investigation of how to be more at choice in the ways you think, work, and communicate. Integral to this investigation is an exploration of and engagement with essential lawyering skills and core lawyering values helpful in finding happiness in the law, and in contributing to a more just, equitable, profession and society. At the conclusion of the class, you'll create a vision for your most successful, joyful, and values-based life in the law. There will be a daylong retreat at Green Gulch Farm in Muir Beach, CA (in Marin County) on Saturday, February 11th. Attendance is required at the retreat. Spring 2024 Description: This course begins with an introduction to mindfulness practices to understand how the mind works, and how to reduce stress, cultivate greater wellbeing, and create intentional, positive states of mind. It then invites you into an investigation of how to be more at choice in the ways you think, work, and communicate. Integral to this investigation is an exploration of and engagement with essential lawyering skills and core lawyering values helpful in finding happiness in the law, and in contributing to a more just, equitable, profession and society. At the conclusion of the class, you'll create a vision for your most successful, joyful, and values-based life in the law. There will be a daylong, off campus retreat on Saturday, February 17th. Attendance is required at the retreat. Spring 2025 Description: This course begins with an introduction to mindfulness practices to understand how the mind works, and how to reduce stress, cultivate greater wellbeing, and create intentional, positive states of mind. It then invites you to investigate how to be thoughtful in the ways you think, work, and communicate. Integral to this investigation is an exploration of and engagement with essential lawyering skills and core lawyering values helpful in finding happiness in the law, and in contributing to a more just, equitable, profession and society. At the conclusion of the class, you'll create a vision for your most successful, joyful, and values-based life in the law. There will be a daylong, off campus retreat on SUNDAY, MARCH 9TH. Attendance is required at the retreat. |
| Law 210.62 How to Be Happy in Law School 1 Units |
| Fall 2020: Remote due to COVID |
| Description: Fall 2020 Description: Studies have found alarming rates of depression, anxiety, stress, dissatisfaction among law students and attorneys. But it doesn’t have to be that way! This course will explore what’s hard about law school and, more important, how to improve the experience. Guided by materials from sociology, psychology, and those who study legal pedagogy, we will talk about what law students can do to foster their own happiness, and how they can tackle law school on their own terms (avoiding - as much as possible - the “shoulds.)” Students will emerge from this class with the tools to get the most out of these critical, and potentially wonderful, three years in law school. This class is among the special Fall 2020 1L elective seminars designed to give entering 1Ls an extra opportunity to form connections despite our remote form of interaction. In light of that goal, these classes will expect real-time attendance and may not be recorded. These classes will all be graded on a Credit/No Credit basis and total written work requirement will be no more than 8 double-spaced pages. |
| Law 210.63 Mindfulness, Self-Care, and Belonging in the Legal Profession 1 Units |
| Spring 2021: Remote due to COVID Spring 2022: In-Person Fall 2022: In-Person Spring 2023: In-Person Fall 2023: In-Person Spring 2024: In-Person |
| Description: Spring 2021 Description: We do our work as lawyers in relationship to ourselves and other people. How do we want to show up in those relationships? What boundaries do we need to set in order to care for our own well-being? In this course we will use techniques from mindfulness practice to cultivate inner steadiness, resilience, and compassion for ourselves and others. Through mindfulness practice, we will explore the impact of barriers to belonging in the legal profession such as systemic racism and marginalization along other identity axes. We will also look at how we might use mindfulness and self-reflection to counter the effects of impostor phenomenon and the inner critic. Spring 2022 Description: We do our work as lawyers in relationship to ourselves and other people. How do we want to show up in those relationships? What boundaries do we need to set in order to care for our own well-being? In this course we will use techniques from mindfulness practice to cultivate inner steadiness, resilience, and compassion for ourselves and others. Through mindfulness practice and inquiry, we will explore the impact of barriers to belonging in the legal profession such as systemic racism and marginalization along other identity axes. We will also look at how we might use mindfulness and self-reflection to counter the effects of impostor phenomenon and the inner critic. Fall 2022 Description: We do our work as lawyers in relationship to ourselves and other people. How do we want to show up in those relationships? What boundaries do we need to set in order to care for our own well-being? In this course we will use techniques from mindfulness practice to cultivate inner steadiness, resilience, and compassion for ourselves and others. Through mindfulness practice and inquiry, we will explore the impact of barriers to belonging in the legal profession such as systemic racism and marginalization along other identity axes. We will also look at how we might use mindfulness and self-reflection to counter the effects of impostor phenomenon and the inner critic. Spring 2023 Description: We do our work as lawyers in relationship to ourselves and other people. How do we want to show up in those relationships? What boundaries do we need to set in order to care for our own well-being? In this course we will use techniques from mindfulness practice to cultivate inner steadiness, resilience, and compassion for ourselves and others. Through mindfulness practice, we will explore the impact of barriers to belonging in the legal profession such as systemic racism and marginalization along other identity axes. We will also look at how we might use mindfulness and self-reflection to counter the effects of impostor phenomenon and the inner critic. Emily Bruce served as Director of Equity & Inclusion in Berkeley Law’s Student Services Office from 2018-2022. Before that she was a Lecturer in the undergraduate Legal Studies Program at UC Berkeley, teaching courses such as “Racial Identity and the Law” and “Equal Rights in a Changing Society.” Before joining Berkeley Law, Emily practiced law in Michigan and was a Clinical Assistant Professor of Legal Practice at the University of Michigan Law School. Emily holds a mindfulness teacher certification from the Mindfulness Training Institute. She is currently pursuing a Master’s in Counseling Psychology at the Wright Institute in Berkeley. Fall 2023 Description: We do our work as lawyers in relationship to ourselves and other people. How do we want to show up in those relationships? What boundaries do we need to set in order to care for our own well-being? In this course we will use techniques from mindfulness practice to cultivate inner steadiness, resilience, and compassion for ourselves and others. Through mindfulness practice, we will explore the impact of barriers to belonging in the legal profession such as systemic racism and marginalization along other identity axes. We will also look at how we might use mindfulness and self-reflection to counter the effects of impostor phenomenon and the inner critic. Emily Bruce served as Director of Equity & Inclusion in Berkeley Law’s Student Services Office from 2018-2022. Before that she was a Lecturer in the undergraduate Legal Studies Program at UC Berkeley, teaching courses such as “Racial Identity and the Law” and “Equal Rights in a Changing Society.” Before joining Berkeley Law, Emily practiced law in Michigan and was a Clinical Assistant Professor of Legal Practice at the University of Michigan Law School. Emily received a mindfulness teacher certification from the Mindfulness Training Institute. She is currently pursuing a Master’s in Counseling Psychology at the Wright Institute in Berkeley. Spring 2024 Description: We do our work as lawyers in relationship to ourselves and other people. How do we want to show up in those relationships? What boundaries do we need to set in order to care for our own well-being? In this course we will use techniques from mindfulness practice to cultivate inner steadiness, resilience, and compassion for ourselves and others. Through mindfulness practice, we will explore the impact of barriers to belonging in the legal profession such as systemic racism and marginalization along other identity axes. We will also look at how we might use mindfulness and self-reflection to counter the effects of impostor phenomenon and the inner critic. Emily Bruce served as Director of Equity & Inclusion in Berkeley Law’s Student Services Office from 2018-2022. Before that she was a Lecturer in the undergraduate Legal Studies Program at UC Berkeley, teaching courses such as “Racial Identity and the Law” and “Equal Rights in a Changing Society.” Before joining Berkeley Law, Emily practiced law in Michigan and was a Clinical Assistant Professor of Legal Practice at the University of Michigan Law School. Emily received a mindfulness teacher certification from the Mindfulness Training Institute and a Master’s in Counseling Psychology from the Wright Institute. |
| Law 211.11 Understanding the U.S. Legal Profession 3 Units |
| Spring 2020: Remote due to COVID Spring 2021: Remote due to COVID Spring 2022: In-Person Spring 2023: In-Person |
| Description: Spring 2020 Description: This course will study the ethical issues facing all lawyers in the practice of law, with a particular focus on lawyers in a public interest, government civil and criminal practice, and labor and employment settings. Lawyers' ethical decision making is guided not only by the rules of professional conduct, which we will study, but also by the opportunities, constraints, and norms of their practice setting. Therefore, in addition to studying the rules of professional conduct tested on the California Bar Exam and the Multistate Professional Responsibility Exam, the class will consider highly relevant empirical information about social, economic, and other aspects of the legal profession. That knowledge is essential to equip students to understand how lawyers in practice actually relate to their clients and colleagues and how they resolve ethical dilemmas. Finally, the class will equip students to understand some of the major issues confronting the legal profession, including access to justice for low- and moderate-income people and the challenges confronting lawyers and clients in the criminal justice system. This course is interactive and requires participation. For this reason, attendance and participation are required. Spring 2021 Description: This course will study the ethical issues facing all lawyers in the practice of law, with a particular focus on lawyers in a public interest, government civil and criminal practice, and labor and employment settings. Lawyers' ethical decision making is guided not only by the rules of professional conduct, which we will study, but also by the opportunities, constraints, and norms of their practice setting. Therefore, in addition to studying the rules of professional conduct tested on the California Bar Exam and the Multistate Professional Responsibility Exam, the class will consider highly relevant empirical information about social, economic, and other aspects of the legal profession. That knowledge is essential to equip students to understand how lawyers in practice actually relate to their clients and colleagues and how they resolve ethical dilemmas. Finally, the class will equip students to understand some of the major issues confronting the legal profession, including access to justice for low- and moderate-income people and the challenges confronting lawyers and clients in the criminal justice system. This course is interactive and requires participation. For this reason, attendance and participation are required. Spring 2022 Description: This course will study the ethical issues facing all lawyers in the practice of law, with a particular focus on lawyers in a public interest, government civil and criminal practice, small and mid-size law firm practice, and labor and employment settings. Lawyers' ethical decision making is guided not only by the rules of professional conduct, which we will study, but also by the opportunities, constraints, and norms of their practice setting. Therefore, in addition to studying the rules of professional conduct tested on the California Bar Exam and the Multistate Professional Responsibility Exam, the class will consider highly relevant empirical information about social, economic, and other aspects of the legal profession. That knowledge is essential to equip students to understand how lawyers in practice actually relate to their clients and colleagues and how they resolve ethical dilemmas. Finally, the class will equip students to understand some of the major issues confronting the legal profession, including access to justice for low- and moderate-income people and the challenges confronting lawyers and clients in the criminal justice system. This course is interactive and requires participation. For this reason, attendance and participation are required. Spring 2023 Description: This course is designed to prepare you to chart a successful, rewarding, and responsible career in law. Drawing from various disciplines, it will teach you about the variety of practice settings in which lawyers work and the professional opportunities and challenges of each. It will also give you the tools you will need to resolve the legal and ethical issues that lawyers confront in practice and to navigate the enormous cultural, legal, and economic forces that are reshaping the legal profession. While virtually all other law school courses focus primarily on issues of concern to clients, this course revolves around issues of primary concern to you – as a person and as a lawyer. One goal of this course is to help you decide what to do with your law degree and to appreciate the tradeoffs that various choices entail. We will study the issues facing lawyers in a variety of practice settings, so that you can match your aptitudes and aspirations to the realities of different types of practice. This will help those of you choosing a first job and those who have already chosen but may be anticipating the possibility of switching jobs after a few years in practice. Another objective is to familiarize you with the American Bar Association’s Model Rules of Professional Conduct, the California Disciplinary Rules, and other elements of the law that governs lawyers. We will study how they guide lawyers’ decision-making and how they do not. These rules are tested on the Multistate Professional Responsibility Exam and the bar exam of California and many other states. We will go well beyond the straightforward rule to consider ambiguity in the law and how lawyers do and should respond to it. Lawyers’ workplaces are arenas of professionalism that shape lawyers’ views about their role and obligations as much or more than ethics rules, disciplinary committees, liability controls, and a lawyer’s individual conscience. As a young lawyer, you need to be mindful about how your workplace shapes your views about your role and obligations so that you exercise agency in forming your professional identity. A third goal of this course is to inform you, as future leaders of the profession, about the issues and problems that confront the profession as a whole. Among the pressing issues we will consider are access to justice in the market for legal services in a time of economic inequality, the reasons for the profession’s demographics, the evolving social and economic structure of various sectors of the profession, and the effects of technology and globalization on the profession. Whether you like it or not, friends and strangers alike will look to you for commentary on the legal profession, and you will be held to account for the public’s views on lawyers. This course will push you to decide which criticisms of the profession are justified, what policy responses are appropriate, and which sectors of the profession may win or lose under various reform proposals. |
| Law 211.12 The U.S. Legal Profession: Professional Responsibility in Global Perspective 3 Units |
| Spring 2020: Remote due to COVID Spring 2021: Remote due to COVID Spring 2022: In-Person Spring 2024: In-Person |
| Description: Spring 2020 Description: Drawing from various disciplines, this course is designed to teach you about the variety of practice settings in which lawyers work, both in the United States and around the world. While most law school courses teach the substance of the law, with a focus on the issues that are most important to clients, this course revolves around the profession you are entering, and aims to give you a sense of what you will experience once you are there. Why study the legal profession? This course will cover many of the issues that confront the legal profession globally, such as unequal access to justice, the profession’s demographics and social structure, the challenges of maintaining independence in the face of political power, and the effects of globalization. In preparation for the role you will take up as a future leader of the profession, this course will ask you to develop a perspective on which criticisms of the profession are justified and what policy responses are appropriate. Looking at these issues in comparative perspective will also push you to develop a global view of the profession, to better understand the common challenges lawyers face around the world and to appreciate the ways in which the American legal profession is unusual. As we discuss the the legal and ethical issues that lawyers confront across jurisdictions and practice settings, we will cover many of the American Bar Association’s Model Rules of Professional Conduct. These rules are tested on the Multistate Professional Responsibility Exam, as well as on the bar exam of California and many other states, and an important objective of the course is to make sure you are familiar with them. We will go well beyond the straightforward rule to consider ambiguity in the law and how lawyers do and should respond to it. A major theme of our discussion will be about how workplaces shape lawyers’ sense of their role and obligations, as much or more than ethics rules, disciplinary committees, liability controls, and a lawyer’s individual conscience. Spring 2021 Description: Drawing from various disciplines, this course is designed to teach you about the variety of practice settings in which lawyers work, both in the United States and around the world. While most law school courses teach the substance of the law, with a focus on the issues that are most important to clients, this course revolves around the profession you are entering, and aims to give you a sense of what you will experience once you are there. Why study the legal profession? This course will cover many of the issues that confront the legal profession globally, such as unequal access to justice, the profession’s demographics and social structure, the challenges of maintaining independence in the face of political power, and the effects of globalization. In preparation for the role you will take up as a future leader of the profession, this course will ask you to develop a perspective on which criticisms of the profession are justified and what policy responses are appropriate. Looking at these issues in comparative perspective will also push you to develop a global view of the profession, to better understand the common challenges lawyers face around the world and to appreciate the ways in which the American legal profession is unusual. As we discuss the legal and ethical issues that lawyers confront across jurisdictions and practice settings, we will cover many of the American Bar Association’s Model Rules of Professional Conduct. These rules are tested on the Multistate Professional Responsibility Exam, as well as on the bar exam of California and many other states, and an important objective of the course is to make sure you are familiar with them. We will go well beyond the straightforward rule to consider ambiguity in the law and how lawyers do and should respond to it. A major theme of our discussion will be about how workplaces shape lawyers’ sense of their role and obligations, as much or more than ethics rules, disciplinary committees, liability controls, and a lawyer’s individual conscience. Spring 2022 Description: Drawing from various disciplines, this course is designed to teach you about the variety of practice settings in which lawyers work, both in the United States and around the world. While most law school courses teach the substance of the law, with a focus on the issues that are most important to clients, this course revolves around the profession you are entering, and aims to give you a sense of what you will experience once you are there. Why study the legal profession? This course will cover many of the issues that confront the legal profession globally, such as unequal access to justice, the profession’s demographics and social structure, the challenges of maintaining independence in the face of political power, and the effects of globalization. In preparation for the role you will take up as a future leader of the profession, this course will ask you to develop a perspective on which criticisms of the profession are justified and what policy responses are appropriate. Looking at these issues in comparative perspective will also push you to develop a global view of the profession, to better understand the common challenges lawyers face around the world and to appreciate the ways in which the American legal profession is unusual. As we discuss the legal and ethical issues that lawyers confront across jurisdictions and practice settings, we will cover many of the American Bar Association’s Model Rules of Professional Conduct. These rules are tested on the Multistate Professional Responsibility Exam, as well as on the bar exam of California and many other states, and an important objective of the course is to make sure you are familiar with them. We will go well beyond the straightforward rule to consider ambiguity in the law and how lawyers do and should respond to it. A major theme of our discussion will be about how workplaces shape lawyers’ sense of their role and obligations, as much or more than ethics rules, disciplinary committees, liability controls, and a lawyer’s individual conscience. Spring 2024 Description: Drawing from various disciplines, this course is designed to teach you about the variety of practice settings in which lawyers work, both in the United States and around the world. While most law school courses teach the substance of the law, with a focus on the issues that are most important to clients, this course revolves around the profession you are entering, and aims to give you a sense of what you will experience once you are there. Why study the legal profession? This course will cover many of the issues that confront the legal profession globally, such as unequal access to justice, the profession’s demographics and social structure, the challenges of maintaining independence in the face of political power, and the effects of globalization. In preparation for the role you will take up as a future leader of the profession, this course will ask you to develop a perspective on which criticisms of the profession are justified and what policy responses are appropriate. Looking at these issues in comparative perspective will also push you to develop a global view of the profession, to better understand the common challenges lawyers face around the world and to appreciate the ways in which the American legal profession is unusual. As we discuss the legal and ethical issues that lawyers confront across jurisdictions and practice settings, we will cover many of the American Bar Association’s Model Rules of Professional Conduct. These rules are tested on the Multistate Professional Responsibility Exam, as well as on the bar exam of California and many other states, and an important objective of the course is to make sure you are familiar with them. We will go well beyond the straightforward rule to consider ambiguity in the law and how lawyers do and should respond to it. A major theme of our discussion will be about how workplaces shape lawyers’ sense of their role and obligations, as much or more than ethics rules, disciplinary committees, liability controls, and a lawyer’s individual conscience. |
| Law 211.2 Practical Ethics: A Simulation Approach 2 Units |
| Spring 2020: Remote due to COVID Spring 2021: Remote due to COVID Spring 2022: In-Person Spring 2024: In-Person Instruction |
| Description: Spring 2020 Description: “Virtually all difficult ethical problems arise from conflict between a lawyer’s responsibilities to clients, to the legal system, and to the lawyer’s own interest in remaining an ethical person while earning a satisfactory living.” Preamble [9] to ABA Model Rules of Professional Conduct Many of you take this course just to satisfy your PR requirement. You think that legal ethics is a boring subject. Au contraire. Legal ethics is exciting, challenging, and profound. It is required for a very good reason: It is the most important course taught in law schools. At its essence it is about what kind of lawyer, even what kind of person you want to be. This course considers legal ethics from a real world perspective. Our class discussions will revolve around hypothetical problems that are designed to sensitize you to the kinds of ethical and moral issues you will no doubt face in your careers. They demand consideration of the many competing factors that tug at lawyers as they face those decisions. These factors include the rules of professional conduct (of which you will get a healthy dose), lawyers’ personal values and interests, the demands of justice and truth-seeking, and the rights of others. Lawyers are not merely rule reciters and legal analysts. They are human beings trying to navigate their careers and lives. One important course goal is to assist you in developing a rough methodology for approaching these issues in ways that are consistent with ethical rules and your own sense of self. This course is designed for those who enjoy learning by doing and discussing. It is not primarily a lecture course. Instead, its hallmarks are student-performed skits and lively discussions, leavened by sufficient lecturing to cover the basics. For those who prefer to learn simply by listening to lectures or who are interested just in the black letter law, another P.R. course might be a better fit. The starting point for our discussions will typically be lawyers’ ethical duties that derive largely from written rules and case law. For these duties our particular focus will be the ABA Model Rules of Professional Conduct (Model Rules), which have been adopted in one form or another by every state except California. We will examine the majority of the Model Rules. (The MPRE is based on the Model Rules.) We will also consider the significant differences between the Model Rules and California’s rules, with particular emphasis on California’s differing treatment of the duty to preserve client confidences. We will drill much more deeply than a mere study of rules and cases. This course will challenge you to understand the limitations of the rules and to reflect on how you would conduct yourselves when facing a variety of ethical dilemmas. The Model Rules in many instances represent only a minimum standard of conduct to which lawyers must adhere. You may decide to set your personal bar much higher. We will devote our final class to discussing professional satisfaction. This has proved to be especially meaningful for many students. This course is not designed primarily as a prep for the MPRE. But students regularly report that the course provides a strong foundation for independent MPRE preparation. NOTE: In this class, the usual provisions of Add/Drop do not apply. All interested students, whether enrolled or on the waitlist, must attend the first class in order to be admitted. Any student who does not attend the first class without prior permission of the instructor will be dropped from the class and the waitlist. No additional students will be permitted to add the course. Spring 2021 Description: “Virtually all difficult ethical problems arise from conflict between a lawyer’s responsibilities to clients, to the legal system, and to the lawyer’s own interest in remaining an ethical person while earning a satisfactory living.” Preamble [9] to ABA Model Rules of Professional Conduct Many of you take this course just to satisfy your PR requirement. You think that legal ethics is a boring subject. Au contraire. Legal ethics is exciting, challenging, and profound. It is required for a very good reason: It is the most important course taught in law schools. At its essence it is about what kind of lawyer, even what kind of person you want to be. This course considers legal ethics from a real world perspective. Our class discussions will revolve around hypothetical problems that are designed to sensitize you to the kinds of ethical and moral issues you will no doubt face in your careers. They demand consideration of the many competing factors that tug at lawyers as they face those decisions. These factors include the rules of professional conduct (of which you will get a healthy dose), lawyers’ personal values and interests, the demands of justice and truth-seeking, and the rights of others. Lawyers are not merely rule reciters and legal analysts. They are human beings trying to navigate their careers and lives. One important course goal is to assist you in developing a rough methodology for approaching these issues in ways that are consistent with ethical rules and your own sense of self. This course is designed for those who enjoy learning by doing and discussing. It is not primarily a lecture course. Instead, its hallmarks are student-performed skits and lively discussions, leavened by sufficient lecturing to cover the basics. For those who prefer to learn simply by listening to lectures or who are interested just in the black letter law, another P.R. course might be a better fit. The starting point for our discussions will typically be lawyers’ ethical duties that derive largely from written rules and case law. For these duties our particular focus will be the ABA Model Rules of Professional Conduct (Model Rules), which have been adopted in one form or another by every state except California. We will examine the majority of the Model Rules. (The MPRE is based on the Model Rules.) We will also consider the significant differences between the Model Rules and California’s rules, with particular emphasis on California’s differing treatment of the duty to preserve client confidences. We will drill much more deeply than a mere study of rules and cases. This course will challenge you to understand the limitations of the rules and to reflect on how you would conduct yourselves when facing a variety of ethical dilemmas. The Model Rules in many instances represent only a minimum standard of conduct to which lawyers must adhere. You may decide to set your personal bar much higher. We will devote our final class to discussing professional satisfaction. This has proved to be especially meaningful for many students. Due to the nature of this class, real-time attendance is required (without an alternative way to earn equivalent credit) except in cases of illness or emergency. NOTE: In this class, the usual provisions of Add/Drop do not apply. All interested students, whether enrolled or on the waitlist, must attend the first class in order to be admitted. Any student who does not attend the first class without prior permission of the instructor will be dropped from the class and the waitlist. No additional students will be permitted to add the course. Spring 2022 Description: “Virtually all difficult ethical problems arise from conflict between a lawyer’s responsibilities to clients, to the legal system, and to the lawyer’s own interest in remaining an ethical person while earning a satisfactory living.” Preamble [9] to ABA Model Rules of Professional Conduct Many of you take this course just to satisfy your PR requirement. You think that legal ethics is a boring subject. Au contraire. Legal ethics is exciting, challenging, and profound. It is required for a very good reason: It is the most important course taught in law schools. At its essence it is about what kind of lawyer, even what kind of person you want to be. This course considers legal ethics from a real world perspective. Our class discussions will revolve around hypothetical problems that are designed to sensitize you to the kinds of ethical and moral issues you will no doubt face in your careers. They demand consideration of the many competing factors that tug at lawyers as they face those decisions. These factors include the rules of professional conduct (of which you will get a healthy dose), lawyers’ personal values and interests, the demands of justice and truth-seeking, and the rights of others. Lawyers are not merely rule reciters and legal analysts. They are human beings trying to navigate their careers and lives. One important course goal is to assist you in developing a rough methodology for approaching these issues in ways that are consistent with ethical rules and your own sense of self. This course is designed for those who enjoy learning by doing and discussing. It is not primarily a lecture course. Instead, its hallmarks are student-performed skits and lively discussions, leavened by sufficient lecturing to cover the basics. For those who prefer to learn simply by listening to lectures or who are interested just in the black letter law, another P.R. course might be a better fit. The starting point for our discussions will typically be lawyers’ ethical duties that derive largely from written rules and case law. For these duties our particular focus will be the ABA Model Rules of Professional Conduct (Model Rules), which have been adopted in one form or another by every state except California. We will examine the majority of the Model Rules. (The MPRE is based on the Model Rules.) We will also consider the significant differences between the Model Rules and California’s rules, with particular emphasis on California’s differing treatment of the duty to preserve client confidences. We will drill much more deeply than a mere study of rules and cases. This course will challenge you to understand the limitations of the rules and to reflect on how you would conduct yourselves when facing a variety of ethical dilemmas. The Model Rules in many instances represent only a minimum standard of conduct to which lawyers must adhere. You may decide to set your personal bar much higher. We will devote our final class to discussing professional satisfaction. This has proved to be especially meaningful for many students. NOTE: In this class, the usual provisions of Add/Drop do not apply. All interested students, whether enrolled or on the waitlist, must attend the first class in order to be admitted. Any student who does not attend the first class without prior permission of the instructor will be dropped from the class and the waitlist. No additional students will be permitted to add the course. Spring 2024 Description: empty |
| Law 211.6 Citizenship and Immigration 3 Units |
| Fall 2021: In-Person Spring 2024: In-Person |
| Description: Fall 2021 Description: In this course we will explore questions about citizenship and immigration in the contemporary world. Readings will be drawn from scholarship in political theory, law, and the social sciences with the goal of integrating insights from these different fields in new, thought-provoking ways. The first half of the course will focus on citizenship. How should we conceive of citizenship? As a formal legal status, an entitlement to a set of rights, active participation in self-governance, an identity, or something else? What is the relationship between citizenship, on the one hand, and race, class, gender, sexuality, and national origin, on the other? Which rights have historically been attached to citizenship status and which rights have been extended to noncitizens? What would cosmopolitan citizenship look like? The second half of the course will focus on immigration. Why do people migrate across international borders? Should people be allowed to migrate across borders? States exert control over migration but what, if anything, justifies this control? What is the impact of migration on sending countries, receiving countries, and migrants themselves? What are the key dynamics in the politics of immigration and how do they constrain immigration policymaking? What are the current immigration categories and priorities in U.S. immigration law? What kinds of immigration policies should the U.S. and other liberal democratic countries pursue? Course requirements include careful reading of texts, thoughtful participation in seminar discussions, and 5 papers approximately 1000 words each. Spring 2024 Description: In this course we will explore questions about citizenship and migration. Readings will be drawn from scholarship in political theory, the social sciences, and law with the goal of integrating insights from these different fields in new, thought-provoking ways. The first half of the course will focus on citizenship. How should we conceive of citizenship: as a formal legal status, an entitlement to a set of rights, active participation in self-governance, an identity, or something else? What is the relationship between citizenship, on the one hand, and race, class, gender, and national origin on the other? How is citizenship acquired? How should it be acquired? Which rights have historically been attached to citizenship status and which rights have been extended to noncitizens? How and under what circumstances have people been stripped of their citizenship status and citizenship rights? The second half of the course will focus on migration. Why do people migrate across international borders? Should people be allowed to migrate across borders? Nation-states exert control over migration but what, if anything, justifies this control? What is the impact of migration on sending countries, receiving countries, and migrants themselves? What are the key dynamics shaping the politics of immigration in liberal democratic countries? What kinds of immigration policies should the U.S. and other liberal democratic countries pursue? Course requirements include close reading of texts, thoughtful participation in seminar discussions, and a series of reflection papers. |
| Law 212 Critical Theory and Social Science Method 3 Units |
| Fall 2020: Remote due to COVID Fall 2021: In-Person Fall 2022: In-Person Fall 2024: In-Person |
| Description: Fall 2020 Description: THIS COURSE WILL BE HELD IN BERKELEY WAY WEST, Room 1205 (1919 Shattuck Ave.) Social science research on identity and vulnerable populations is at a critical moment. For example, race is, on one hand, theorized as a social construction -- meaning that the social sciences have largely rejected claims that race reflects natural or biological differences and is instead thought to be a product of social, economic, and political forces. Yet, on the other hand, this theoretical approach is underutilized in social scientists’ empirical research on race, where race is often measured as if it is a ‘real’ or natural entity. This ‘mismatch’ between theory and methods produces substantial tension in social science research and limits scholars’ ability to offer clear insights into the role of race and other traits in understanding social and health outcomes. This course will examine this tension, its adverse impact on social science research, and explore ways to develop methodological approaches to race and other markers of human difference that blend traditional empirical methods with critical theoretical traditions, e.g. critical race theory, feminist theory, disability theory, queer theory, and others. Emphasis will be placed on understanding the implications for research in the health sciences. About the Instructor: Osagie K. Obasogie, J.D., Ph.D., is Haas Distinguished Chair and Professor of Bioethics at the University of California, Berkeley, in the Joint Medical Program and School of Public Health. Obasogie's scholarly interests include Constitutional law, bioethics, sociology of law, and reproductive and genetic technologies. His research also looks at the past and present roles of science in both constructing racial meanings and explaining racial disparities. He has a particular interest in developing legal mechanisms that can create the conditions for eliminating health disparities. An additional thread of Obasogie’s research uses novel theoretical and empirical interventions to explore the hidden ways in which racial thinking is central to law, medicine, and science. His first book, "Blinded By Sight: Seeing Race Through the Eyes of the Blind" (Stanford University Press) was awarded the Herbert Jacob Book Prize by the Law and Society Association. His second book, "Beyond Bioethics: Toward a New Biopolitics" (with Marcy Darnovsky), was published by the University of California Press. Obasogie's writings have appeared in scholarly journals such as the Law & Society Review, Cornell Law Review, University of Pennsylvania Journal of Constitutional Law, and Stanford Technology Law Review as well as journalistic outlets such as the New York Times, Slate, and Scientific American. Fall 2021 Description: THIS COURSE WILL BE HELD IN BERKELEY WAY WEST, Room 1205 (1919 Shattuck Ave.) The makeup class on Tuesday, November 23rd for Veteran's Day will be held at Berkeley Way West Room 1203. Social science research on identity and vulnerable populations is at a critical moment. For example, race is, on one hand, theorized as a social construction -- meaning that the social sciences have largely rejected claims that race reflects natural or biological differences and is instead thought to be a product of social, economic, and political forces. Yet, on the other hand, this theoretical approach is underutilized in social scientists’ empirical research on race, where race is often measured as if it is a ‘real’ or natural entity. This ‘mismatch’ between theory and methods produces substantial tension in social science research and limits scholars’ ability to offer clear insights into the role of race and other traits in understanding social and health outcomes. This course will examine this tension, its adverse impact on social science research, and explore ways to develop methodological approaches to race and other markers of human difference that blend traditional empirical methods with critical theoretical traditions, e.g. critical race theory, feminist theory, disability theory, queer theory, and others. Emphasis will be placed on understanding the implications for research in the health sciences. About the Instructor: Osagie K. Obasogie, J.D., Ph.D., is Haas Distinguished Chair and Professor of Bioethics at the University of California, Berkeley, in the Joint Medical Program and School of Public Health. Obasogie's scholarly interests include Constitutional law, bioethics, sociology of law, and reproductive and genetic technologies. His research also looks at the past and present roles of science in both constructing racial meanings and explaining racial disparities. He has a particular interest in developing legal mechanisms that can create the conditions for eliminating health disparities. An additional thread of Obasogie’s research uses novel theoretical and empirical interventions to explore the hidden ways in which racial thinking is central to law, medicine, and science. His first book, "Blinded By Sight: Seeing Race Through the Eyes of the Blind" (Stanford University Press) was awarded the Herbert Jacob Book Prize by the Law and Society Association. His second book, "Beyond Bioethics: Toward a New Biopolitics" (with Marcy Darnovsky), was published by the University of California Press. Obasogie's writings have appeared in scholarly journals such as the Law & Society Review, Cornell Law Review, University of Pennsylvania Journal of Constitutional Law, and Stanford Technology Law Review as well as journalistic outlets such as the New York Times, Slate, and Scientific American. Fall 2022 Description: THIS COURSE WILL BE HELD IN BERKELEY WAY WEST, Room 1205 (1919 Shattuck Ave.) Social science research on identity and vulnerable populations is at a critical moment. For example, race is, on one hand, theorized as a social construction -- meaning that the social sciences have largely rejected claims that race reflects natural or biological differences and is instead thought to be a product of social, economic, and political forces. Yet, on the other hand, this theoretical approach is underutilized in social scientists’ empirical research on race, where race is often measured as if it is a ‘real’ or natural entity. This ‘mismatch’ between theory and methods produces substantial tension in social science research and limits scholars’ ability to offer clear insights into the role of race and other traits in understanding social and health outcomes. This course will examine this tension, its adverse impact on social science research, and explore ways to develop methodological approaches to race and other markers of human difference that blend traditional empirical methods with critical theoretical traditions, e.g. critical race theory, feminist theory, disability theory, queer theory, and others. Emphasis will be placed on understanding the implications for research in the health sciences. Fall 2024 Description: THIS COURSE WILL BE HELD IN BERKELEY WAY WEST, Room 1104 (1919 Shattuck Ave.) Social science research on identity and vulnerable populations is at a critical moment. For example, race is, on one hand, theorized as a social construction -- meaning that the social sciences have largely rejected claims that race reflects natural or biological differences and is instead thought to be a product of social, economic, and political forces. Yet, on the other hand, this theoretical approach is underutilized in social scientists’ empirical research on race, where race is often measured as if it is a ‘real’ or natural entity. This ‘mismatch’ between theory and methods produces substantial tension in social science research and limits scholars’ ability to offer clear insights into the role of race and other traits in understanding social and health outcomes. This course will examine this tension, its adverse impact on social science research, and explore ways to develop methodological approaches to race and other markers of human difference that blend traditional empirical methods with critical theoretical traditions, e.g. critical race theory, feminist theory, disability theory, queer theory, and others. Emphasis will be placed on understanding the implications for research in the health sciences. |
| Law 212.3 Critical Race Theory 3 Units |
| Spring 2020: Remote due to COVID Spring 2021: Remote due to COVID Spring 2022: In-Person Spring 2023: In-Person Fall 2023: In-Person Spring 2024: In-Person Fall 2024: In-Person Spring 2025: In-Person |
| Description: Spring 2020 Description: This seminar explores established debates within Critical Race Theory and introduces students to new directions within that genre. CRT originates in critiques of antidiscrimination law and in reactions to Critical Legal Studies. Beyond tracing these intellectual influences, this seminar will delve into recent CRT scholarship arguably marking a renewed vigor in legal scholarship on race. The class will also engage the influence of CRT in political discourse, including recent conversations about structural racism, reparations, and intersectionality. The seminar will draw heavily on student participation, and it requires a thirty-page paper. Students will be invited to write in areas of their particular interest, with the expectation that they will draw on CRT scholarship in framing their analysis. By way of comparison, the CRT seminar presumes familiarity with the basic canon of U.S. race cases that are taught in introductory Constitutional Law courses. The CRT seminar will focus almost exclusively on legal literature, though it will range broadly, from structural racism to the performance of racial identities, from gender and sexuality, to class to color. Please note that Professors Robinson is unlikely to supervise student writing projects outside the scope of this class. Admission to the course is limited to 24 students. Spring 2021 Description: This seminar explores established debates within Critical Race Theory and introduces students to new directions within that genre. CRT originates in critiques of antidiscrimination law and in reactions to Critical Legal Studies. Beyond tracing these intellectual influences, this seminar will delve into recent CRT scholarship marking a renewed vigor in legal scholarship on race. The class will also engage the influence of CRT in political discourse, including recent conversations about structural racism, reparations, and intersectionality. The seminar will draw heavily on student participation, and it requires a thirty-page paper. Students will be invited to write in areas of their particular interest, with the expectation that they will draw on CRT scholarship in framing their analysis. By way of comparison, the CRT seminar presumes familiarity with the basic canon of U.S. race cases that are taught in introductory Constitutional Law courses. The CRT seminar will focus almost exclusively on legal literature, though it will range broadly, from structural racism to the performance of racial identities, from gender and sexuality, to class to color. Please note that Professors Robinson is unlikely to supervise student writing projects outside the scope of this class. Spring 2022 Description: This seminar explores established debates within Critical Race Theory ("CRT") and introduces students to new directions within that genre. One area of focus will be contrasting the fundamentals of CRT with the current media and legislative furor about the role of CRT and anti-racism in education.CRT originates in critiques of antidiscrimination law and in reactions to Critical Legal Studies. Beyond tracing these intellectual influences, this seminar will delve into recent CRT scholarship marking a renewed vigor in legal scholarship on race. The class will also engage the influence of CRT in political discourse, including recent conversations about structural racism, reparations, and intersectionality. The seminar will draw heavily on student participation, and it requires a thirty-page paper. Students will be invited to write in areas of their particular interest, with the expectation that they will draw on CRT scholarship in framing their analysis. By way of comparison, the CRT seminar presumes familiarity with the basic canon of U.S. race cases that are taught in introductory Constitutional Law courses. The CRT seminar will focus almost exclusively on legal literature, though it will range broadly, from structural racism to the performance of racial identities, from gender and sexuality, to class to color. Please note that Professors Robinson is unlikely to supervise student writing projects outside the scope of this class. Spring 2023 Description: This seminar explores Critical Race Theory, covering core texts as well as exploring new directions. Topics will include the nature and intractability of racism; the inseparable connections between race and other social markers such as gender, sexual orientation, class, and ethnicity; and—in a bow toward the contemporary hysteria around CRT—the political contours and potential trajectory of White racial identity. Materials include assigned articles that will be made available on the course website, as well as two books: Derrick Bell, Faces at the Bottom of the Well (1992); and Ian Haney López, Merge Left (2019). The seminar emphasizes student participation and writing, with students expected to develop a final 12-15 page paper over the course of the semester. Some familiarity with race relations law is strongly recommended. Class participation may serve as a grade tie-breaker. Fall 2023 Description: This seminar explores Critical Race Theory, covering core texts as well as exploring new directions. Topics will include the nature of race and racism; the inseparable connections between race and other social markers such as gender, sexual orientation, class, and disability; and the contemporary hysteria around CRT. Interested students should email Professor Bridges - khiara.m.bridges@berkeley.edu - a short paragraph of no more than 200 words explaining your relevant background experience and interest in the seminar. Please make the subject line of your email "Application for Critical Race Theory." If selected, you will be sent the course control number to enroll. Spring 2024 Description: This seminar explores Critical Race Theory, covering core texts as well as exploring new directions. Topics will include the nature and intractability of racism; the inseparable connections between race and other social markers such as gender, sexual orientation, class, and ethnicity; and in a bow toward the contemporary hysteria around CRT the political contours and potential trajectory of White racial identity. Materials include assigned articles that will be made available on the course website, as well as two books: Derrick Bell, Faces at the Bottom of the Well (1992); and Ian Haney López, Merge Left (2019). The seminar emphasizes student participation and writing, with students expected to develop a final 12-15 page paper over the course of the semester. Some formal study of, or directly relevant work experience involving, race relations law is strongly recommended. Class participation may serve as a grade tie-breaker. Fall 2024 Description: This seminar explores Critical Race Theory, covering core texts as well as exploring new directions. Topics will include the nature of race and racism; the inseparable connections between race and other social markers such as gender, sexual orientation, class, and disability; and the contemporary hysteria around CRT. Interested students should email Professor Bridges - khiara.m.bridges@berkeley.edu - a short paragraph of no more than 200 words explaining your interest in the seminar by April 7. Please make the subject line of your email "Application for Critical Race Theory." Students will be informed if they have permission to enroll by April 8. If selected, you will be sent the course control number to enroll. Spring 2025 Description: This seminar explores established debates within Critical Race Theory ("CRT") and introduces students to new directions within that genre. One area of focus will be contrasting the fundamentals of CRT with the current media and legislative furor about the role of CRT and anti-racism in education. CRT originates in critiques of antidiscrimination law and in reactions to Critical Legal Studies. Beyond tracing these intellectual influences, this seminar will delve into recent CRT scholarship marking a renewed vigor in legal scholarship on race. The class will also engage the influence of CRT in political discourse, including recent conversations about structural racism, reparations, and intersectionality. The seminar will draw heavily on student participation, and it requires a thirty-page paper. Students will be invited to write in areas of their particular interest, with the expectation that they will draw on CRT scholarship in framing their analysis. By way of comparison, the CRT seminar presumes familiarity with the basic canon of U.S. race cases that are taught in introductory Constitutional Law courses. The CRT seminar will focus almost exclusively on legal literature, though it will range broadly, from structural racism to the performance of racial identities to intersections with gender and sexuality. Please note that Professor Robinson is unlikely to supervise student writing projects outside the scope of this class. Interested students should write a one-paragraph description of their prior life and/or professional experiences related to CRT and what they hope to gain from the class. Please email your application to robinson@law.berkeley.edu by 5pm on November 8. After applying, students should hear back by November 12. |
| Law 212.31 Critical Theories of Law: Race, Gender, and Sexuality (for 1Ls) 2 Units |
| Spring 2022: In-Person Spring 2024: In-Person |
| Description: Spring 2022 Description: This seminar explores critical theories of race, gender, and sexuality with an emphasis on intersections of those theories and identities. One area of focus will be contrasting the fundamentals of Critical Race Theory ("CRT") with the current media and legislative furor about the role of CRT and anti-racism in education. We will also explore critical theories and law school pedagogy, with a focus on the 1L experience. Finally, this seminar will highlight workshops with invited scholars and highlight emerging issues. Spring 2024 Description: This seminar explores critical theories of race, gender, and sexuality with an emphasis on intersections of those theories and identities. One area of focus will be contrasting the fundamentals of Critical Race Theory ("CRT") with the current media and legislative furor about the role of CRT and anti-racism in education. Another focus will be on the way that recent dramatic shifts in Supreme Court doctrine affecting these identities (the Harvard case, Dobbs, 303 Creative) alter the stakes and the claims of critical theory. We will also explore critical theories and law school pedagogy. Finally, the course may feature workshops with scholars innovating in these areas. |
| Law 212.32 Intersectionality in Gender-Based Movements for Legal Change 3 Units |
| Spring 2025: In-Person |
| Description: Spring 2025 Description: Women of color have long been part of feminist social movements. But they have often found their voices, priorities, and life experiences marginalized in the most visible or influential of those movements, usually led by white women. This pattern has been particularly prominent in social movements that aim to influence the law. This seminar will examine two recent gender-based movements, #metoo and the movement for reproductive freedom, that have sought legal change in a setting in which there is growing scholarly and cultural attention to the intersectional claims of women of color, low-income women, immigrants, and gender non-conforming people. It will explore how these movements, despite their awareness of intersectional claims and experience, perpetuate a “single axis” vision of gender that centers on the experience of comparatively privileged white women. And it will focus on efforts by proponents of a more intersectional agenda to create change within or alongside those movements. The course will begin with a brief unit on feminist legal theories, exploring liberal (or “equality”) feminist theories that have emphasized equal opportunity and bodily and decisional autonomy, and dominance theories that have described sexualized injury as a vehicle for the production and maintenance of gender inequality. It will highlight critiques of both schools of feminist theory as “single axis” theories that obscure or neglect the intersection of gender with race, class, sexuality, gender identity, or immigration status. We will then turn to the #MeToo movement, examining its use of online storytelling as a vehicle for exposure and solidarity, the largely extra-legal trajectory of its immediate consequences, and challenges that it has encountered over the long run, including: a "tactical freeze," or difficulty in translating the momentum of exposure into more systematic solutions; and a failure to reach from the comparatively elite contexts of entertainment and the professions to low-wage work (including agricultural, hospitality, and home-in care work) which problems of sexualized injury are also pervasive, labor is performed primarily by low-income women of color, including immigrants, which can increase barriers to reporting and resistance. In addition, such low-wage jobs themselves are subject to cultural understandings, ranging from complacency in the face of “bad work” to the construction of paid labor as affectionate care, that naturalize the subordination implicit in the work and complicate the recognition and remediation of sexualized violations. In the last portion of this unit, the course will interrogate the complicity of #MeToo and earlier feminist struggles against sexual violence in rise of mass incarceration, which has not only immiserated low-income communities of color but imposed burdens and conflicts on the women of those communities. Finally, the course will study the movement for reproductive rights and justice that has emerged since Dobbs overruled Roe v. Wade, particularly in abortion-restrictive states. It will examine the marginalization of low-income women, including many women of color, that dates back to the abortion funding cases, and ask whether and how efforts to restore the abortion right can be built on a more inclusive foundation, that also centers the right to choose to have children and to raise those children in circumstances of dignity, safety, and material sufficiency, and to access broader rights of bodily autonomy. Consistent with this goal, we will ask how the mainstream impetus toward a singular focus on abortion – which reflects a very real concern with the harms inflicted on pregnant persons in abortion-restrictive states -- may fuel or detract from a broader agenda of reproductive justice, that highlights the latter issues and connects reproductive oppression to larger structures of racism, income inequality, and re-emergent anti-LGBTQ politics. Students in this class may fulfill Option 2 of the Writing Requirement or complete a take-home examination. |
| Law 212.8 Anti-Blackness and the Law 3 Units |
| Fall 2020: Remote due to COVID Spring 2022: In-Person Spring 2023: In-Person Spring 2024: In-Person |
| Description: Fall 2020 Description: This seminar explores how anti-Blackness has been key to the creation and evolution of both American law and American society. We will examine anti-Blackness as an organizing principle across various domains including the criminal legal system, education, public health, employment, and housing. In exploring this topic we will take an interdisciplinary approach, blending case law, empirical studies, critical theory (namely critical race theory, Black feminist theory and Afro-pessimism) as well as the ideas of activists and other intellectuals situated outside of academia. The course will take as a given that the study of anti-Blackness requires an intersectional lens: special attention will be paid to how gender, class, sexual orientation and trans-experience produce unique forms of anti-Blackness. Seminar discussions will proceed from the assumption that participants have some familiarity with the study of race and/or racism. Therefore, it is recommended that interested students have completed relevant coursework (either in law school or in prior studies), or have some other relevant background experience. Due to the nature of this class, some or all of the sessions may not be recorded and posted except as required for accommodation of students with disabilities. Only those students who are able to attend live sessions at the designated class time should enroll. Spring 2022 Description: This seminar explores how anti-Blackness has been key to the creation and evolution of both American law and American society. We will examine anti-Blackness as an organizing principle across various domains including the criminal legal system, education, public health, employment, and housing. In exploring this topic we will take an interdisciplinary approach, blending case law, empirical studies, critical theory (namely critical race theory, Black feminist theory and Afro-pessimism) as well as the ideas of activists and other intellectuals situated outside of academia. The course will take as a given that the study of anti-Blackness requires an intersectional lens: special attention will be paid to how gender, class, sexual orientation and trans-experience produce unique forms of anti-Blackness. Seminar discussions will proceed from the assumption that participants have some familiarity with the study of race and/or racism. Therefore, it is recommended that interested students have completed relevant coursework (either in law school or in prior studies), or have some other relevant background experience. Only those students who are able to attend at the designated class time should enroll. Interested students should email Professor Rahim--asadrahim@berkeley.edu--a short paragraph of no more than 200 words explaining your interest in joining the course. Please make the subject line of your email "Application for Anti-Blackness and the Law." The deadline to apply is November 5th, with decisions made the week after. After this date, applications will be reviewed on a rolling basis. If selected, you will be sent the course control number to enroll. Spring 2023 Description: This seminar explores how anti-Blackness has been key to the creation and evolution of both American law and American society. We will examine anti-Blackness as an organizing principle across various domains including the criminal legal system, education, public health, employment, and housing. In exploring these topics we will take an interdisciplinary approach, blending empirical studies, narratives and critical theory (namely Black nationalist theory, Black feminist theory, Black queer theory, abolitionist theory, and Afropessimism). We will also read the work of activists and intellectuals situated outside of academia. Discussions will proceed from the assumption that participants have pre-existing familiarity with the study of race and racism. Therefore, interested students should have completed relevant coursework (either in law school or in prior studies), or have some other relevant background experience. Interested students should email Professor Rahim--asadrahim@berkeley.edu--a short paragraph of no more than 200 words explaining your relevant background experience. Please make the subject line of your email "Application for Anti-Blackness and the Law." The deadline to apply is Wednesday, December 7th. Decisions will be made within one week's time. After the initial deadline, applications will be reviewed on a rolling basis. If selected, you will be sent the course control number to enroll. Spring 2024 Description: This course explores how anti-Blackness has been key to the creation and evolution of both American law and American society. We will examine anti-Blackness as an organizing principle across various domains including the criminal legal system, education, public health, employment, and housing. A couple of important points to note for interested students: 1. The course is interactive in nature and is heavily participation-based. 2. Due to the nature of this class, some or all of the sessions may not be recorded except as required for accommodation of students with disabilities. |
| Law 212.9 Love, Lawyering, and Liberation 1 Units |
| Fall 2022: In-Person |
| Description: Fall 2022 Description: What do law, love, and liberation have in common? From a traditional, doctrinal law perspective, love and liberation are frameworks that are not commonly applied to the study and exploration of lawyering and professional identity. And yet, innumerable visionary, affirmative, creative, abolitionist perspectives on law and lawyering have emerged in recent decades. This course will apply those texts and directives, explore how radical Black and other feminist lawyers of color have effectuated social change, and study their calls on emerging lawyers to do the same. The class will survey a series of liberatory and abolitionist law frameworks and draw on law review articles, books, prose, and selected works of art and poetry to interrogate how emerging lawyers might envision their role as social change agents. Drawing on bell hooks’s Teaching to Transgress, adrienne marie brown’s Emergent Strategy, Kimberle Crenshaw’s intersectionality framework, and the long-curated (living) bibliography of movement lawyering texts, students will develop and apply critical analysis to what it means to lawyer in the service of liberation struggles and to practice law in a way that is affirmative, creative, and hopeful, while being rooted in resistance, movement, and structural change. This course will include short readings, guest speakers, written reflections and discussion, and a 5-8 page final reflection paper. Please Note: Enrollment in this course is by application only. If you wish to apply, please send an email to Seema N. Patel (seema.patel@berkeley.edu) and an application form will be sent to you. Applications are due by June 30 and students will be notified of their admission into the course no later than July 18th. |
| Law 214.2 Law & Classical Social Theory 3 Units |
| Fall 2020: Remote due to COVID Spring 2022: In-Person |
| Description: Fall 2020 Description: “Law and Classical Social Theory” surveys leading attempts to construct social theories of law and to use legal materials for social theorizing, during the period from the mid-eighteenth century to the early twentieth century. While many figures are read and treated, the theorists receiving most attention are: Maine, Marx, Durkheim and Weber. The seminar introduces leading approaches to the social understanding of law and legal change, and furnishes an opportunity for more advanced work on particular contributions to this field. Spring 2022 Description: “Law and Classical Social Theory” surveys leading attempts to construct social theories of law and to use legal materials for social theorizing, during the period from the mid-eighteenth century to the twentieth century. While many figures are read and treated, the theorists receiving most attention are: Marx, Durkheim, Weber and DuBois. The seminar introduces leading approaches to the social understanding of law and legal change, and furnishes an opportunity for more advanced work on particular contributions to this field. |
| Law 214.4 Advanced Interdisciplinary Workshop on Law 3 Units |
| Fall 2020: Remote due to COVID Fall 2021: In-Person Spring 2025: In-Person |
| Description: Fall 2020 Description: This workshop serves a two-fold purpose. First, and most important, it is an opportunity for students working on interdisciplinary projects related to law to receive constructive, intensive feedback on a piece of academic writing. All participants will draft a 30-page piece of academic writing over the course of the semester, such as an article, dissertation chapter, prospectus, or grant proposal. The final paper for the course will be a full-length complete draft that incorporates feedback received during the semester. As that piece of writing takes shape, each student will have two opportunities to receive feedback from the group on work-in-progress. Accordingly, the core expectation of the workshop is that all students attend regularly, present their work twice, and comment on peer work (including by serving as a lead discussant several times during the semester). There is also a professional development component to the workshop, where we will cover writing-related topics such as giving and receiving high-quality constructive feedback, self-editing, resources for writing, and good writing habits. Perhaps most important, we will talk about the nuts and bolts of academic publishing and how different types of publishing institutions - including peer reviewed journals, law reviews, academic presses, and funding agencies - make decisions. The goal is to set students up for success in academic publishing by demystifying the process. The workshop is open to all students who have a suitable writing project slated for the fall that would benefit from intensive feedback. It is especially suitable for students who are considering an academic career path. This course is graded and satisfies the Option 2 writing requirement. To submit an application please do as at this link https://forms.gle/P65MwCi6wwcaCbpp8 . The deadline to submit the application is April 17th. Applications submitted after that date will be reviewed on a first come, first serve basis. Due to the nature of this class, some or all of the sessions may not be recorded and posted except as required for accommodation of students with disabilities. Due to the nature of this class, real-time attendance is required (without an alternative way to earn equivalent credit) except in cases of illness or emergency. Fall 2021 Description: This workshop is an opportunity for students working on interdisciplinary projects related to law to receive constructive, intensive feedback on their writing. All participants will draft a piece of academic writing over the course of the semester, such as an article, dissertation chapter, prospectus, or grant proposal. The final paper for the course will be a draft that is a minimum of ten pages, and that incorporates feedback received during the semester. As that piece of writing takes shape, each student will have at least one opportunity to receive feedback from the group on work-in-progress. Accordingly, the core expectation of the workshop is that all students attend regularly, present their work at least once, and comment on peer work (including by serving as a lead discussant several times during the semester). The workshop is open to all students who have a suitable writing project slated for the fall (not being submitted for credit in another class) that would benefit from intensive feedback. It is especially suitable for students who are considering an academic career path. This course is graded CR/NC. This course will meet every other week August 24th, September 7th, September 21st, October 5th, October 19th, November 2nd and November 16th. Spring 2025 Description: This workshop serves a two-fold purpose. First, and most important, it is an opportunity for students working on interdisciplinary projects related to law to receive constructive, intensive feedback on a piece of academic writing. All participants will draft a 30-page piece of academic writing over the course of the semester, such as an article, dissertation chapter, prospectus, or grant proposal. The final paper for the course will be a full-length complete draft that incorporates feedback received during the semester. As that piece of writing takes shape, each student will have two opportunities to receive feedback from other seminar participants and myself on work-in-progress. Accordingly, the core expectation of the workshop is that all students attend regularly, present their work twice, and comment on peer work (including by serving as a lead discussant several times during the semester). There is also a professional development component to the workshop, where we will cover writing-related topics such as giving and receiving high-quality constructive feedback, self-editing, resources for writing, and good writing habits. Perhaps most important, we will talk about the nuts and bolts of academic publishing and how different types of publishing institutions - including peer-reviewed journals, law reviews, academic presses, and funding agencies - make decisions. The goal is to set students up for success in academic publishing by demystifying the process. The workshop is open to all students who have a suitable writing project slated for the fall that would benefit from intensive feedback. It is especially suitable for students who are considering an academic career path. This course satisfies the Option 2 writing requirement. |
| Law 215.4 Foundations of Moral Philosophy 3 Units |
| Fall 2021: In-Person Fall 2023: In-Person Spring 2025: In-Person |
| Description: Fall 2021 Description: This seminar offers an overview of the history of moral philosophy, paying special attention to arguments about the relationship of morality to law, as well as the connections between moral philosophy and political economy. We will begin by studying canonical texts before turning to more contemporary work. Authors will include Aristotle, Cicero, Pufendorf, Hume, Smith, Bentham, Kant, Mill, Edgeworth, Pareto, Sen, Williams, Anderson, Rorty, and others. Fall 2023 Description: This course aims to provide a graduate level introduction to foundational issues in contemporary moral philosophy, with special emphasis on Kantian and utilitarian/consequentialist theory, although we will also consider issues in moral psychology. We will choose as our theme arguments about the nature of rights, encompassing both moral and legal rights. In the first part of the course, we will consider two familiar kinds of rights: rights against torture and rights of free speech. This will provide us with a context for understanding some of the general, philosophical problems related to the foundations and structure of rights claims, which will occupy the second part of the course. Here we will consider both Kantian and consequentialist theories of rights, and the problems each has in accommodating the intuitions that support the other. We will then return to consider more specific examples of rights, to be determined by seminar interest. Every student in this Option 2-A class will be required to write a 30-page paper. Spring 2025 Description: This seminar offers an overview of the history of moral philosophy, paying special attention to arguments about the relationship of morality to law, as well as the connections between moral philosophy and epistemology. Readings will be drawn from canonical primary sources. |
| Law 215.41 Responsibility in Law and Morality 3 Units |
| Spring 2021: Remote due to COVID |
| Description: Spring 2021 Description: This graduate seminar will examine questions of responsibility in ethics, politics, and law. Among the specific topics we will address are: (1) The general conditions of moral responsibility and the significance of excuses, including in criminal law. (2) The nature of causal explanation and causal responsibility in liability, specifically in relation to the legal notion of proximate causation. (3) The relationship between environmental causal explanations (social, economic) and excuses in liability. -the importance (or not) of a general fault requirement for civil liability. (4) Neuroscientific explanation, mental illness, and moral/legal responsibility. (5) Collective responsibility for structural injustice, including for historical injustices. (6) State responsibility in international law and global ethics, especially in relation to refugees and the climate emergency. (7) Shared social responsibility in relation to the demands of basic justice. |
| Law 215.42 Foundations of Legal Philosophy 3 Units |
| Spring 2020: Remote due to COVID Fall 2022: In-Person Fall 2024: In-Person Instruction |
| Description: Spring 2020 Description: This course is an introduction to (primarily) analytical legal theory through a close reading of some of the most important texts and arguments about the nature of law and legal authority of the last 75 years. We will pay special attention to questions of the relation of law to politics, history, and morality, and to questions about the philosophical justification (if there is) for the special role of courts in maintaining political order. Among the authors we will read are: H.L.A. Hart, Hans Kelsen, Ronald Dworkin, Jurgen Habermas, Joseph Raz, Scott Shapiro, Seana Shiffrin, and Jeremy Waldron. The course presupposes no prior work in philosophy or legal theory. Fall 2022 Description: This course is an introduction to (primarily) analytical legal theory through a close reading of some of the most important texts and arguments about the nature of law and legal authority of the last 75 years. We will pay special attention to questions of the relation of law to politics, history, and morality, especially when law reflects existing hierarchies and divisions of power, and to questions about the philosophical justification (if there is one) for the special role of courts in maintaining political order. Among the authors we will read are: H.L.A. Hart, Hans Kelsen, Ronald Dworkin, Jurgen Habermas, Joseph Raz, Scott Shapiro, Seana Shiffrin, and Jeremy Waldron. While the course presupposes no prior work in philosophy or legal theory, the readings are mostly drawn from philosophy. Fall 2024 Description: empty |
| Law 215.5 Foundations of Political Philosophy 3 Units |
| Fall 2020: Remote due to COVID Spring 2023: In-Person |
| Description: Fall 2020 Description: This course is a seminar on the history of political thought. Its focus is the social contract tradition and its critics, including criticisms or amendments of contract theory based on the alleged sociability of humankind. We will study canonical texts in this tradition, with a special interest in their implications for law. Readings will include works by Aristotle, Hobbes, Pufendorf, Locke, Hume, Smith, Rousseau, Bentham, Kant, Mill, Marx, Rawls and others. Students will be expected to engage in close readings of these texts, participate in seminar discussion, and write a final paper. This course is a Foundations seminar in the PhD Program in Jurisprudence & Social Policy (JSP) and is open to all JSP, JD, LLM, and JSD students as well as graduate students from other campus departments. Spring 2023 Description: In this course we will read and discuss major texts in contemporary political philosophy. The aim is to examine key concepts and theories with attention to their implications for law. The concepts we will explore include justice, equality, freedom, rights, and democracy. The authors we will read include John Rawls, Robert Nozick, Michael Walzer, Tommie Shelby, Ronald Dworkin, Elizabeth Anderson, Catharine MacKinnon, Kimberle Crenshaw, Alexander Bickel, Robert Dahl, Iris Marion Young, and Jeremy Waldron. In addition to analyzing the substance of the theories and the methods and approaches used by these authors, we will assess whether and how they attend to the role of race, gender, class, and other bases of structural injustice in developing their theories. Students will be expected to devote considerable time to close reading of roughly one book or several articles per week, participate constructively in seminar discussion, and write a series of reflection papers. |
| Law 215.9 Legal Theory Seminar 3 Units |
| Spring 2024: In-Person Fall 2024: In-Person |
| Description: Spring 2024 Description: Legal theory focuses on the work of society’s coercive normative institutions, such as courts, legislatures, and agencies. It studies the traditions of these institutions and the craft typifying their members, while at the same time continuously challenging their outputs by demonstrating their contingency and testing their desirability. In performing the latter tasks, legal theory necessarily absorbs lessons from law’s neighboring disciplines, such as philosophy, economics, and sociology. But at its best, legal theory is more than a sophisticated synthesis of relevant insights from these friendly neighbors, because of its pointed attention to the persistent jurisprudential questions regarding the nature of law, notably the relationship between law’s normativity and its coerciveness and the implications of its institutional and structural characteristics. This course explores these features of law. We will begin by investigating law’s three constitutive components: its coerciveness, its normativity, and the institutional settings in which it is manifested. We will then turn to examine various modes of legal reasoning: the application of rules or of standards, and of abstract or contextual analyses; references to history and to economic analysis; and reliance on rights. The last part of the course will be dedicated to explore the role of law in society. We will then discuss law’s legitimacy and authority, the rule of law, the relationships between social norms and legal rules, and the different types of legal persons and of modes of legal work. Fall 2024 Description: Legal theory focuses on the work of society’s coercive normative institutions, such as courts, legislatures, and agencies. It studies the traditions of these institutions and the craft typifying their members, while at the same time continuously challenging their outputs by demonstrating their contingency and testing their desirability. In performing the latter tasks, legal theory necessarily absorbs lessons from law’s neighboring disciplines, such as philosophy, economics, and sociology. But at its best, legal theory is more than a sophisticated synthesis of relevant insights from these friendly neighbors, because of its pointed attention to the persistent jurisprudential questions regarding the nature of law, notably the relationship between law’s normativity and its coerciveness and the implications of its institutional and structural characteristics. This course explores these features of law. We will begin by investigating law’s three constitutive components: its coerciveness, its normativity, and the institutional settings in which it is manifested. We will then turn to examine various modes of legal reasoning: the application of rules or standards, of abstract or contextual analyses; references to history and economic analysis; and reliance on rights. The last part of the course will be dedicated to exploring the role of law in society. We will then discuss law’s legitimacy and authority, the rule of law, the relationships between social norms and legal rules, and the different types of legal persons and of modes of legal work. |
| Law 216 Law, Accounting, and Business Workshop 2 Units |
| Fall 2020: Remote due to COVID Fall 2021: In-Person Fall 2022: In-Person Fall 2023: In-Person Fall 2024: In-Person |
| Description: Fall 2020 Description: This seminar will provide students with an opportunity to be exposed to and discuss ongoing research in law, accounting, and business. At most sessions, an invited speaker from Berkeley or elsewhere will present work in progress, and then take questions from students and faculty in the audience. Speakers will include prominent scholars in the fields of law, accounting, and business. Students will write three short papers, one in advance of each of three of the speakers. A schedule of the speakers will be available at the Program in Law and Economics website. Course website will be available on bCourses. Fall 2021 Description: This seminar will provide students with an opportunity to discuss ongoing research in the economic analysis of law. At most sessions, an invited speaker from Berkeley or elsewhere will present a work in progress, and then take questions from students and faculty in the audience. Speakers will include prominent scholars in the field of business, law and economics from around the nation and the world. A schedule of the speakers is available at the Program in Law and Economics website. Course website is available at bCourses. Fall 2022 Description: This seminar will provide students with an opportunity to discuss ongoing research in the economic analysis of law. At most sessions, an invited speaker from Berkeley or elsewhere will present a work in progress, and then take questions from students and faculty in the audience. Speakers will include prominent scholars in the field of business, law and economics from around the nation and the world. Fall 2023 Description: This workshop will provide students with an opportunity to be exposed to and discuss ongoing research in law, accounting, and business. At most sessions, an invited speaker from Berkeley or elsewhere will present work in progress, and then take questions from students and faculty in the audience. Speakers will include prominent scholars in the fields of law, accounting, and business. Students will write three short papers, one in advance of each of three of the speakers. A schedule of the speakers will be available at the Program in Law and Economics website. Course website will be available on bCourses. Fall 2024 Description: This seminar will provide students with an opportunity to discuss ongoing research in the economic analysis of law. At most sessions, an invited speaker (from Berkeley or elsewhere) will present work in progress, and then take questions from students and faculty in the audience. Speakers will include prominent scholars in the field of law and economics from around the nation and the world. Course website is available at bspace. The seminar is normally offered in the fall and spring. Enrollment in either or both semesters is permitted. |
| Law 216.1 Introduction to Law and Economics 1 Units |
| Spring 2022: In-Person |
| Description: Spring 2022 Description: Economic analysis provides one of the major theoretical perspectives on the study of law in American universities. This course introduces students to the economic analysis of the law as a set of tools for analyzing laws. Students will learn how to construct and critique economic models of the incentive effects of different legal rules and institutions. These models will illuminate familiar areas of law, including criminal law, torts, contracts, property, corporations, intellectual property, and discrimination. The models are useful for finding strategies to make the best use of law to solve real-world problems. |
| Law 217 Law, Economics, and Business Workshop 2 Units |
| Spring 2020: Remote due to COVID Spring 2021: Remote due to COVID Spring 2022: In-Person Spring 2023: In-Person Spring 2024: In-Person Spring 2025: In-Person |
| Description: Spring 2020 Description: This seminar will provide students with an opportunity to discuss ongoing research in the economic analysis of law. At most sessions, an invited speaker from Berkeley or elsewhere will present work in progress, and then take questions from students and faculty in the audience. Speakers will include prominent scholars in the field of business, law and economics from around the nation and the world. Course website is available at bCourses. The seminar is normally offered in the fall and spring as Law 216 and Law 217 respectively. Students can enroll in each class once. Spring 2021 Description: This seminar will provide students with an opportunity to discuss ongoing research at the crossroads of law, finance, economics and accounting. At most sessions, an invited speaker from Berkeley or elsewhere will present work in progress, and then take questions from students and faculty in the audience. Speakers will include prominent scholars in the field of law, finance, economics and accounting from around the nation and the world. A schedule of the speakers is available at the Program in Law and Economics website: http://www.law.berkeley.edu/146.htm. Course website is available at bspace. The seminar is normally offered in the fall and spring as Law 216 and Law 217 respectively. Students can enroll in each class once. Spring 2022 Description: This seminar will provide students with an opportunity to discuss ongoing research in the economic analysis of law. At most sessions, an invited speaker from Berkeley or elsewhere will present work in progress, and then take questions from students and faculty in the audience. Speakers will include prominent scholars in the field of business, law and economics from around the nation and the world. A schedule of the speakers is available at the Program in Law and Economics website: http://www.law.berkeley.edu/146.htm. Course website is available at bspace. The seminar is normally offered in the fall (Law 216) and spring (Law 217). Spring 2023 Description: The seminar provides students with an opportunity to discuss ongoing research in the economic analysis of law. At most sessions, an invited speaker (from Berkeley or elsewhere) will present work in progress, and then take questions from students and faculty in the audience. Speakers include prominent scholars in the field of law and economics from around the nation and the world. The seminar is normally offered in the fall and the spring. Enrollment in either or both semesters is permitted. Spring 2024 Description: The seminar provides students with an opportunity to discuss ongoing research in the economic analysis of law. In every three week period, there will be one student-only day to discuss the papers of the upcoming two speakers. The professors will lead the discussion, but students will be called upon and expected to be active participants. During speaker weeks, we will set aside time for student-only discussions with the speaker. Students will also submit three reaction papers on topics of their choice. Spring 2025 Description: This seminar will involve discussing some of the latest research at the intersection of the fields of law and economics. The research papers will deal with a wide variety of topics, depending on the speaker’s interests, including the law and economics of contract law, corporate law, intellectual property, tax, or constitutional law. We will invite speakers who are doing some of the most cutting-edge interdisciplinary work in law to present their ongoing work to the seminar. Students will be asked to prepare, in advance, four short reaction papers to the speakers’ work throughout the semester. The requirements for the class are completion of the reaction papers and active participation in the debates over the papers being presented. |
| Law 217.1 History of Political Economy 3 Units |
| Spring 2023: In-Person |
| Description: Spring 2023 Description: This course will consider the history of political economy as a history of economic and political discourses from the seventeenth to the twentieth century, paying particular attention to intersections with the history of legal thought. The focus will be on three themes: first, the transformation of the ancient theoretical vocabulary of polis and oikos into the modern vocabulary of civil society (or economy) and state; second, the emergence of the concept of the self-equilibrating economy in the eighteenth century, and subsequent controversies over its normative underpinnings; third, the rise and fall of classical political economy and its relation to its successor schools, nineteenth-century marginalism and twenty-century welfare economics. Readings will consist mainly of primary works by central figures in this historical tradition. To apply, please email me a paragraph about your interest in the seminar and any previous exposure to political economy and/or its intellectual history by October 31st at david.grewal@berkeley.edu. I will send the course control number to admitted students on the Friday, November 4th. |
| Law 217.11 Law and Political Economy 3 Units |
| Spring 2021: Remote due to COVID |
| Description: Spring 2021 Description: This seminar will focus on recent scholarship at the intersection of law and political economy. It will begin with several sessions introducing the history and theory of mainstream law and economics. It will then broaden out to consider several current law and political economy topics, including antitrust law and policy in the era of tech platforms; law and money; neoliberalism and constitutionalism; and the law and political economy of complex or intersectional inequality (i.e., class, race, gender). This is a rigorous seminar that will engage seriously with both mainstream law and economics and new and critical approaches. Evaluation will be based on student participation, including substantial reading and class discussion, and a final paper. |
| Law 217.12 Law and Economics Foundation Seminar 3 Units |
| Spring 2021: Remote due to COVID Spring 2024: In-Person Spring 2025: In-Person |
| Description: Spring 2021 Description: The goal of this course is to expose students to a broad set of questions, models, and methods used in law and economics research. The readings for the course draw on recent empirical research, with a distinct focus on topics at the intersection of law, economics, politics, and inequality. The course is particularly oriented toward students interested in understanding and/or pursuing applied empirical research at the intersection of law and social science. To this end, it emphasizes the use of statistical and econometric methods to answer questions of legal and policy significance, with a particular emphasis on research design. While some familiarity with economic reasoning and statistical concepts will be useful, the course is intended for a broad audience interested in these topics. Students with questions about their preparation should reach out to the instructor. Grades will be based on short writing assignments during the semester, as well as one longer paper/assignment due at the end of the semester. Students will be expected to be able to understand and critique the relevant empirical literature in their assignments, and will be permitted though not required to produce their own empirical research. Spring 2024 Description: Law and Economics provides one of the major theoretical perspectives on the study of law. The economic analysis of law approach endeavors to understand how law and legal rules affect the behavior of individuals and firms, the allocation of risk across individuals, and the distribution of resources in society. This course introduces students to the broad set of research questions, core foundational concepts, models and methodologies of this interdisciplinary field, and their application to legal issues within the context of a variety of familiar areas of law, including contracts, property, torts, corporate law, criminal law. The course is designed to help students become discerning consumers, communicators, and perhaps producers of theoretical and empirical work in law and social sciences. To that end, students will learn the tools to critically evaluate legal rules and policies from an economic perspective, and will develop the skills to apply economic reasoning to real-world legal cases and policy debates, while also recognizing the limitations of economic analysis in law. No prior knowledge of economics is assumed. A prerequisite is a willingness to engage with unfamiliar material and a deep interest in learning. Spring 2025 Description: Law and Economics provides one of the major theoretical perspectives on the study of law. The economic analysis of law endeavors to understand how law and legal rules affect the behavior of individuals and firms, the allocation of risk across individuals, and the distribution of resources in society. This course introduces students to the broad set of research questions, core foundational concepts, models and methods of this interdisciplinary field. The focus is on the application of these concepts to legal issues within the context of various areas of law, including contracts, property, torts, corporate law, and criminal law and procedure. The course is designed to help students become discerning consumers, communicators, and potential producers of theoretical and empirical work in law and social science. To that end, students will learn the tools required to critically evaluate legal rules and policies from an economic perspective. In particular, students will practice and develop the skills needed to apply economic reasoning to real-world legal cases and policy debates, while also recognizing the limitations of the economic analysis of law. No prior knowledge of economics is assumed. The class does not use mathematics beyond simple numerical examples. The only prerequisite is a willingness to engage deeply with unfamiliar material. |
| Law 217.13 Law, Economics, and Inequality 2 Units |
| Spring 2024: In-Person |
| Description: Spring 2024 Description: Inequality with respect to income and wealth - both within countries and at the global level - has attracted increased attention and scholarly discussion in recent years. This seminar seeks to provide an overview of this topic and its relationship to law and legal institutions. It draws primarily on the economic analysis of law and the economic theory of optimal taxation, but also considers various other normative and theoretical perspectives, including those from moral philosophy. Topics to be covered include (but are not limited to) the following: the background facts on within-country and global income and wealth inequality; the optimal taxation framework and theories of distributive justice; perspectives on the use of private law doctrines to redistribute wealth; theories of global justice; the relationship between meritocracy and economic inequality; the role of anti-discrimination law; the role of the family in transmitting inequality; college admissions, inequality, social mobility and the law; the impact of economic inequality on political inequality. The seminar does not require any background in the economic analysis of law or in tax law and policy. It has no prerequisites. Assessment includes a final paper. |
| Law 217.14 Law, Economics, and Social Sciences 2 Units |
| Spring 2025: In-Person |
| Description: Spring 2025 Description: This workshop provides an interdisciplinary forum for scholarship at the intersection of law, economics, and the social sciences. Students will have the opportunity to engage with leading law and social sciences scholars from around the country and to discuss cutting-edge research that applies social science concepts and methods to understand law and legally relevant behavior. Prior to each session, students will read the featured paper and prepare a critique. No specific background in the social sciences is required. |
| Law 217.41 Thirteen Ways of Looking at a Case 1 Units |
| Fall 2020: Remote due to COVID Spring 2023: In-Person |
| Description: Fall 2020 Description: There is so much more to a case than its holding. So what is reading a case all about? This course will explore thirteen different ways of looking at a case. It will introduce students to major schools of legal theory as we apply them to canonical cases from the core law school curriculum. In each class session we will learn a particular approach by close reading a case from constitutional law, contracts, property, torts, and other core classes. Among other schools of thought, we will study natural law, legal positivism, formalism, legal realism, the legal process, law and economics, critical legal studies, critical race theory, and feminism. Thus, this course will supplement the first-year curriculum by offering students an introduction to legal thought and providing them with various ways of understanding and critiquing case law. This class is among the special Fall 2020 1L elective seminars designed to give entering 1Ls an extra opportunity to form connections despite our remote form of interaction. In light of that goal, these classes will expect real-time attendance and may not be recorded. These classes will all be graded on a Credit/No Credit basis and total written work requirement will be no more than 8 double-spaced pages. Spring 2023 Description: There is so much more to a case than its holding. So what is reading a case all about? This course will explore thirteen different ways of looking at a case. It will introduce students to major schools of legal theory as we apply them to canonical cases from the core law school curriculum. In each class session we will learn a particular approach by closely reading a case from constitutional law, contracts, property, torts, and other core classes. Thus, this course will supplement the core curriculum by offering students an introduction to legal thought and providing them with various ways of understanding and critiquing case law. |
| Law 217.9 Critical Theories of Law & Legal Education 2 Units |
| Spring 2020: Remote due to COVID |
| Description: Spring 2020 Description: Law aspires to objectivity and rationality, but can we discern the unstated norms, biases, and assumptions that it rests upon? What is the relationship of law to power and inequality? How does law interact with, reproduce, or challenge hierarchies of class, race, gender, and ability? How do we as legal practitioners exist and find meaningful work within those structures? This course grapples with these questions and provides an introduction to critiques of law and legal education, from the perspectives of Legal Realism, Critical Legal Studies, Critical Race Theory, Feminist Theory, and Sociolegal Studies, among others. |
| Law 218 Legal History Colloquium 2 Units |
| Spring 2024: In-Person Spring 2025: In-Person |
| Description: Spring 2024 Description: In this colloquium, participants will engage with the research of prominent scholars working at the intersection of law and history. Every other session, a guest speaker will present a work-in-progress for participants to analyze and critique. Participants will gain from this course the ability to deconstruct academic arguments and situate them in broader context. Participants will also develop familiarity with important trends in legal-historical scholarship. Participants are expected to read the papers and related materials in advance, to submit short response papers, and to be active participants in the colloquium. Spring 2025 Description: In this colloquium, participants will engage with the research of prominent scholars working at the intersection of law and history. Every other session, a guest speaker will present a work-in-progress for participants to analyze and critique. Participants will gain from this course the ability to deconstruct academic arguments and situate them in a broader context. Participants will also develop familiarity with important trends in legal-historical scholarship. Participants are expected to read the papers and related materials in advance, to submit short response papers, and to be active participants in the colloquium. |
| Law 218.31 Angel Island - Legal Histories of Imprisonment 1 Units |
| Spring 2023: In-Person |
| Description: Spring 2023 Description: This one credit course will provide an opportunity to learn about the history of the immigration detention center on Angel Island and its connections to carceral regimes today. The course is designed to accompany the campus-wide project “A Year on Angel Island” https://futurehistories.berkeley.edu/ and students are encouraged to take advantage of the other programming taking place across campus this year. We will meet five times during the semester. The course will begin with an introductory session where we will learn more about the context of Angel Island through lecture, discussion and a collective viewing of excerpts of the documentary, “The Chinese Exclusion Act.” This will be followed by the opportunity to engage with three leading historians of Angel Island, immigration exclusion, detention and imprisonment: Professors Erika Lee, Elliott Young, and Nayan Shah. These sessions will begin with a lecture by the guest lecturer open to the public, followed by a closed session for the guest lecturer and students enrolled in this course. While we will be meeting in person as a class, the guest lecturers will appear on zoom. This course is open to 1Ls. |
| Law 219.31 Thinking Like a Lawyer 1 Units |
| Spring 2020: Remote due to COVID |
| Description: Spring 2020 Description: The course explores the question of what lies at the heart of the law, legal education and legal practice. What does it mean to think like a lawyer? How should one think about the law? We will read a few classic scholars like Holmes, Cardozo and Gilmore (two of whom have quotations on the outside of the building) to sketch out some answers. We will map these classic works on to the law in 2020. Response papers and one short, final paper will be required. |
| Law 219.4 Poetic Justice: Dostoevsky, Nabokov and Literature in the Shadow of the Law 3 Units |
| Fall 2020: Remote due to COVID Fall 2023: In-Person |
| Description: Fall 2020 Description: In this seminar, offered jointly under the auspices of the Law School and Comparative Literature, we will examine some of the conceptual and thematic places where literature and law cross over into each other’s domain. The focus will be on novel reading - Crime and Punishment, The Brothers Karamazov, Pnin and Lolita - and on texts where crime, judgment and punishment assume particular procedural, narrative, moral or metafictive importance. We will pay particular attention to the themes of transgression, healing and vengeance and how they play out in legal and metafictive contexts. We will discuss cases where ethics and aesthetics pull in opposite directions - where bad or even good writing can be a crime. Dostoevsky’s legal commentaries - the Kornilova and Kairova cases - will also be addressed. We will search for conceptual cross-over points - what happens to notions of privacy, surveillance, even jurisdiction in a literary text. We will examine permutations of the relationship between author and hero and author and reader; are these relationships adversarial, contractual, erotic? The crucial texts will be the novels, the essential procedure will be close reading (both prosecutorial /aggressive and protective/deferential), but we will also read several works of literary theory as well as scholarly attempts to link literature and law. The course will seek to foster an exchange of views between graduate students in the humanities and law students on the value, cost and significance of engaging with legal issues in literary texts. How might literary scholars benefit from reading like lawyers, and vice versa? 3 Hours/week (1 session); open to graduate students in the humanities and to law students. No particular background in law or comparative literature is required, but students should be prepared to read up to 250 pages of fiction a week. All participants will lead occasional oral discussions. Learning goals include cultivation of close reading skills and of interdisciplinary approaches to interpretation, the questioning of rigid disciplinary boundaries, an understanding of the importance of humanistic inquiry to legal studies, and an appreciation for the benefits (and difficulties) implicit in using aesthetic categories to resolve ethical questions and vice versa. The instructor received his Ph.D. in Slavic Languages from Berkeley and his J.D. from Yale. He is a Professor of Comparative Literature and Slavic Languages and Literatures at Berkeley, as well as a retired member of the Massachusetts Bar. Due to the nature of this class, real-time attendance is required (without an alternative way to earn equivalent credit) except in cases of illness or emergency. Fall 2023 Description: In this seminar, offered jointly under the auspices of the Law School and Comparative Literature, we will examine some of the conceptual and thematic places where literature and law cross over into each other’s domain. The focus will be on novel reading - Crime and Punishment, Lolita, Pnin - and on texts where crime, judgment and punishment assume particular procedural, narrative, moral or metafictive importance. We will pay particular attention to the themes of transgression, healing and vengeance and how they play out in legal and metafictive contexts. We will discuss cases where ethics and aesthetics pull in opposite directions - where bad or even good writing can be a crime. Dostoevsky’s legal commentaries - the Kornilova and Kairova cases - will also be addressed. We will search for conceptual cross-over points - what happens to notions of privacy, surveillance, even jurisdiction in a literary text. We will examine permutations of the relationship between author and hero and author and reader; are these relationships adversarial, contractual, erotic? The crucial texts will be the novels, the essential procedure will be close reading (both prosecutorial /aggressive and protective/deferential), but we will also read several works of literary theory as well as scholarly attempts to link literature and law. The course will seek to foster an exchange of views between graduate students in the humanities and law students on the value, cost and significance of engaging with legal issues in literary texts. How might literary scholars benefit from reading like lawyers, and vice versa? 3 Hours/week (1 session); open to graduate students in the humanities and to law students. No particular background in law or comparative literature is required, but students should be prepared to read up to 250 pages of fiction a week. All participants will lead occasional discussions. Learning goals include cultivation of close reading skills and of interdisciplinary appr oaches to interpretation, the questioning of rigid disciplinary boundaries, an understanding of the importance of humanistic inquiry to legal studies, and an appreciation for the benefits (and difficulties) implicit in using aesthetic categories to resolve ethical questions and vice versa. The instructor received his Ph.D. in Slavic Languages from Berkeley and his J.D. from Yale. He is a Professor of Comparative Literature and Slavic Languages and Literatures at Berkeley, as well as a retired member of the Massachusetts Bar. Due to the nature of this class, real-time attendance is required (without an alternative way to earn equivalent credit) except in cases of illness or emergency. |
| Law 219.4T Courts, Lawyers and Justice in Film 3 Units |
| Spring 2020: Remote due to COVID Spring 2021: Remote due to COVID Spring 2022: In-Person Spring 2023: In-Person Spring 2024: In-Person |
| Description: Spring 2020 Description: This course will examine comparatively the representation of judicial process and the image of the legal profession in films in various countries. Courtroom dramas constitute an enduring and distinctive staple of American film culture. We will explore how this dramatic fiction influences a popular conception of justice that corresponds to a distinct model of civil society and is not simply limited to the resolution of disputes. Discussions will be based on partial or full screening and analysis of films produced within the last fifty years. In addition to discussing forms of representation of the adjudication process we will examine the role of lawyers and judges, their social status, the political function of courts as public forum, and the depiction of the relationship between legal rules, judicial process, and moral values. Class requirement includes one 15-20 page paper. Participation in class discussion will count for 20% of the final grade. Choice of paper topics is not limited to films, countries and topics discussed in class. Spring 2021 Description: This course will examine comparatively the representation of the judicial process and the image of the legal profession in films in various countries. Courtroom dramas constitute an enduring and distinctive staple of American film culture. We will explore how this dramatic fiction influences a popular conception of justice that corresponds to a distinct model of civil society and is not simply limited to the resolution of disputes. Discussions will be based on partial or full screening and analysis of films produced within the last fifty years. In addition to discussing forms of representation of the adjudication process we will examine the role of lawyers and judges, their social status, the political function of courts as public fora, and the depiction of the relationship between legal rules, judicial process, and moral values. Class requirement includes one 15-20 page paper or in class presentation. Choice of paper topics is not limited to films, countries and topics discussed in class. Spring 2022 Description: This course will examine comparatively the representation of the judicial process and the image of the legal profession in films in various countries. Courtroom dramas constitute an enduring and distinctive staple of American film culture. We will explore how this dramatic fiction influences a popular conception of justice that corresponds to a distinct model of civil society and is not simply limited to the resolution of disputes. Discussions will be based on partial or full screening and analysis of films produced within the last fifty years. In addition to discussing forms of representation of the adjudication process we will examine the role of lawyers and judges, their social status, the political function of courts as public fora, and the depiction of the relationship between legal rules, judicial process, and moral values. Class requirement includes one 15-20 page paper. Choice of paper topics is not limited to films, countries and topics discussed in class. Spring 2023 Description: This course will examine comparatively the representation of the judicial process and the image of the legal profession in films. Courtroom dramas constitute an enduring and distinctive staple of American film culture. We will explore how this dramatic fiction influences a popular conception of justice that corresponds to a distinct model of civil society and is not simply limited to the resolution of disputes. Discussions will be based on partial or full screening and analysis of films produced within the last fifty years. In addition to discussing forms of representation of the adjudication process we will examine the role of lawyers and judges, their social status, the political function of courts as public fora, and the depiction of the relationship between legal rules, judicial process, and moral values. Class requirement includes one 15-20 page paper. Choice of paper topics is not limited to films, countries and topics discussed in class. Spring 2024 Description: This course will examine comparatively the representation of the judicial process and the image of the legal profession in films. Courtroom dramas constitute an enduring and distinctive staple of American film culture. We will explore how this dramatic fiction influences a popular conception of justice that corresponds to a distinct model of civil society and is not simply limited to the resolution of disputes. Discussions will be based on partial or full screening and analysis of films produced within the last fifty years. In addition to discussing forms of representation of the adjudication process we will examine the role of lawyers and judges, their social status, the political function of courts as public fora, and the depiction of the relationship between legal rules, judicial process, and moral values. Class requirement includes one 15-20 page paper. Choice of paper topics is not limited to films, countries, and topics discussed in class. |
| Law 219.81 Collaborative Research Seminar: Law & Humanities 2 Units |
| Spring 2021: Remote due to COVID Spring 2024: In-Person |
| Description: Spring 2021 Description: This is a seminar team-taught by three faculty members from different departments: Marianne Constable in Rhetoric, Bryan Wagner in English, and Leti Volpp in Law. We anticipate that students will enroll from an array of departments across campus. The course builds upon a long-standing effort to bring together scholars of law and humanities on the UC Berkeley campus, as exemplified by the volume, Constable, Volpp and Wagner, eds., Looking for Law in All the Wrong Places: Justice Beyond and Between (Fordham University Press, 2019). This is a UC Berkeley Collaborative Research Seminar supported by the Division of Arts & Humanities. The impetus behind these seminars is to integrate the arts and the humanities with UC Berkeley's signature initiatives, which identify key themes that tackle societal grand challenges. In particular, this course will engage directly with the signature initiative, "The Future of Democracy." Class meetings will correspond with initiative areas "Citizenship and Migration," "Democratic Speech Cultures," and "Making Democracy Work." The seminar understands law as a force that often reveals itself in realms in which it is supposed to be absent. By considering poetry and theater, painting and photography, folklore and popular culture along with more conventional legal documents, we will explore questions that are central to both law and humanities - including who we are, what to do, and how we know. We will be thinking about a range of topics, which may include: crime and punishment; personhood and property; language and medium; representation and interpretation; status and contract; violence, trauma, and testimony; retrospection, clues, and conjecture; and migration, borders, and citizenship. Students will work collaboratively and will hone skills of team-teaching, presenting their own research, and responding to others' work. Participants selected for the seminar will receive a $1,300 Research Stipend. To submit an application for the course, apply online by November 6, 2020, at https://forms.gle/BZD9iXmJyJKJzAaMA. Spring 2024 Description: This seminar engages with the interdisciplinary field of law and humanities. By bringing interpretive approaches associated with the humanities to bear on legal documents and legal sites and by drawing law into sustained interaction with art and expression in a range of mediums, we will treat the law not as a rational and self-regulating domain apart from society but instead as a force refracted throughout society, often revealing itself most powerfully in realms where it is supposed to be absent. By looking to art and music, poetry and philosophy, folklore and popular culture, as well as to law, this course explores questions that are central to both law and humanities-including fundamental questions of who we are, what to do, and how we know. We will pay particular attention to themes of crime and punishment, migration and citizenship, trauma and testimony, and personhood and property. The course will include a series of lectures and discussions with leading thinkers in law and humanities. This collaborative research seminar is cross-listed between the Division of Arts and Humanities and the Law School with the following goals. The course will help students to: Work across disciplinary boundaries; Integrate methods from within and outside the arts and humanities; Foster collaborative research skills and teamwork; Develop advanced presentation skills. Course grading will be based upon participation, weekly reflection papers, and a collaborative symposium presentation. This is a seminar team-taught by Professors Bryan Wagner in English, and Leti Volpp in Law. We anticipate that students will enroll from an array of departments across campus. The course builds upon a long-standing effort to bring together scholars of law and humanities on the UC Berkeley campus, as exemplified by the volume, Constable, Volpp and Wagner, eds., Looking for Law in All the Wrong Places: Justice Beyond and Between (Fordham University Press, 2019). |
| Law 219.9 Law and the Greek Classics 1 Units |
| Spring 2020: Remote due to COVID Spring 2021: Remote due to COVID |
| Description: Spring 2020 Description: Attendance at the first class is mandatory The seminar will explore links between the Greek Classics and contemporary legal issues. Among the areas we will discuss are: Was Socrates' conviction unjust? What are the limits, if any, to free speech? Should Socrates have escaped to resist an unjust conviction? How should a contemporary lawyer confront outcomes she deems deeply unjust? What are the essential elements of a just legal system? What role should conscience play in granting exemptions to the duties of citizenship? We will read Plato's Crito and the Apologia; MLK, Jr, Letter from the Birmingham Jail; Aeschylus, "The Eumenides" (the birth of law); and"Antigone" (the birth of conscientious objection). No prior study of the Greek classics is required. We will read the plays aloud for the aesthetic joy of it before discussing the issues. Warning - I always get to play Creon - maybe in a Trump mask. I have taught this material at Berkeley, NYU and Stanford Law Schools. Spring 2021 Description: Attendance at the first class is mandatory The seminar will explore links between the Greek Classics and contemporary legal issues. Among the areas we will discuss are: Was Socrates' conviction unjust? What are the limits, if any, to free speech? Should Socrates have escaped to resist an unjust conviction? How should a contemporary lawyer confront outcomes she deems deeply unjust? What are the essential elements of a just legal system? What role should conscience play in granting exemptions to the duties of citizenship? We will read Plato's Crito and the Apologia; MLK, Jr, Letter from the Birmingham Jail; Aeschylus, "The Eumenides" (the birth of law); and"Antigone" (the birth of conscientious objection). No prior study of the Greek classics is required. We will read the plays aloud for the aesthetic joy of it before discussing the issues. Warning - I always get to play Creon - maybe in a Trump mask. I won't ignore the warts. We'll consider whether the misogyny that pervades the material disqualifies it as a serious source for modern legal discussion. We'll also look at the role of slavery and economic injustice in supporting Athenian democracy. I'll ask how we should use legal and aesthetic materials generated in such a climate. Hint - I'm extremely reluctant to throw the material away, but unwilling to whitewash the warts. I have taught this material at Berkeley, NYU, and Stanford Law Schools. |
| Law 220.1 The Constitution in the Early Republic 2 Units |
| Spring 2020: Remote due to COVID Spring 2022: In-Person Spring 2024: In-Person |
| Description: Spring 2020 Description: This course explores the Constitution through an examination of the history of its framing. We will discuss the ideological origins of the American Revolution, the Critical Period under the Articles of Confederation, the drafting and ratification of the Constitution, and important debates in Washington administration. Readings will include a mix of primary sources, such as the Federalist Papers and debate records, and secondary historical works. Students will submit a paper on an issue of constitutional history or interpretation using historical sources. Spring 2022 Description: This course examines the history of the Constitution's framing. We will discuss the ideological origins of the American Revolution, the Critical Period under the Articles of Confederation, the drafting and ratification of the Constitution, and important debates in the Washington administration. Readings will include a mix of primary sources, such as the Federalist Papers and debate records, and secondary historical works. Students will submit a paper on an issue of constitutional history or interpretation. Spring 2024 Description: This course examines the history of the Constitution's framing. We will discuss the ideological origins of the American Revolution, the Critical Period under the Articles of Confederation, the drafting and ratification of the Constitution, and important debates in the Washington administration. Readings will include a mix of primary sources, such as the Federalist Papers and debate records, and secondary historical works. Students will submit a paper on an issue of constitutional history or interpretation. |
| Law 220.12 The Constitution in War Time 2 Units |
| Spring 2021: Remote due to COVID Spring 2024: In-Person |
| Description: Spring 2021 Description: This is an advanced constitutional law course that will address a series of interrelated issues that have arisen over the course of American history as the United States Constitution has had to confront the realities of war. The course will investigate wartime periods in American history and the legal issues that they triggered, along with the resulting debates over those issues and broader theoretical discussions that exist today over how the Constitution operates in wartime, with the aim of critically analyzing the various positions in such debates. Students will read judicial decisions and academic commentary and scholarship. Major issues to be covered include: exploring how the system of checks and balances can and should work during periods of national crisis, the relevance of traditional constitutional constraints on executive power in wartime, congressional checks and oversight of war powers; the role of the judiciary in wartime; how the Civil War has or should shape constitutional meaning, World War II, the War on Terror, the use of military tribunals, the suspension of habeas corpus, and more generally the intersection of war powers and civil liberties. Students will write four short reflection papers over the course of the semester. Regular attendance and active class participation are also required and will serve as an additional component of student evaluation. Due to the nature of this class, some or all of the sessions may not be recorded and posted except as required for accommodation of students with disabilities. Due to the nature of this class, real-time attendance is required (without an alternative way to earn equivalent credit) except in cases of illness or emergency. NOTE: In this class, the usual provisions of Add/Drop do not apply. All interested students, whether enrolled or on the waitlist, must attend the first class in order to be admitted. Any student who does not attend the first class without prior permission of the instructor will be dropped from the class and the waitlist. No additional students will be permitted to add the course. Spring 2024 Description: This is an advanced constitutional law course that will address a series of interrelated issues that have arisen over the course of American history as the United States Constitution has had to confront the realities of war and emergencies more broadly. The course will investigate crisis periods in American history and the legal issues that they triggered, along with the resulting debates over those issues and broader theoretical discussions that exist today over how the Constitution operates in wartime and emergencies more broadly, with the aim of critically analyzing the various positions in such debates. Students will read judicial decisions and academic commentary and scholarship. Major issues to be covered include: exploring how the system of checks and balances can and should work during periods of national crisis, the relevance of traditional constitutional constraints on executive power in wartime, congressional checks and oversight of war powers; the role of the judiciary in wartime; how the Civil War has or should shape constitutional meaning, World War II, the War on Terror, the use of military tribunals, the suspension of habeas corpus, and more generally the intersection of war powers and civil liberties. Students will write four short reflection papers over the course of the semester. Regular attendance and active class participation are also required and will serve as an additional component of student evaluation. NOTE: In this class, the usual provisions of Add/Drop do not apply. All interested students, whether enrolled or on the waitlist, must attend the first class in order to be admitted. Any student who does not attend the first class without prior permission of the instructor will be dropped from the class and the waitlist. No additional students will be permitted to add the course. |
| Law 220.13 Constitutional Law and Colonialism 2 Units |
| Spring 2020: Remote due to COVID |
| Description: Spring 2020 Description: This seminar will explore the constitutional law of colonial rule in contemporary, comparative, and historical perspectives. Typically, colonialism is not a topic of study in constitutional law courses in the United States. The seminar will fill that gap by considering the ways in which constitutional law has shaped, and been shaped by, colonialism within the United States. It will cover canonical cases concerning the relationships between the United States and Indigenous Peoples as well as cases concerning U.S. territories. It will also address cutting edges issues concerning Indigenous Peoples and the territories today. The seminar will also have a significant comparative law component, as it will explore constitutionalism and colonialism in Australia, Canada, and New Zealand, which, like the United States, are common law countries with colonial histories. Students will have the opportunity to delve deeply into a topic of their choosing by writing a research paper. |
| Law 220.14 Originalism 1 Units |
| Fall 2020: Remote due to COVID |
| Description: Fall 2020 Description: How should judges interpret the Constitution? One controversial approach is "originalism," a method that focuses on the Constitution's original public meaning. This seminar will explore the debate over originalism and will seek to evaluate originalist approaches to constitutional interpretation. We will try to understand what makes an interpretive approach originalist; to identify the different scholarly approaches to originalism; to assess whether a distinctive originalism is possible; to understand what values originalism serves; to see how to make (and how to dissect) originalist arguments; and to appreciate the arguments both for and against originalism relative to other approaches to constitutional interpretation. This class is among the special Fall 2020 1L elective seminars designed to give entering 1Ls an extra opportunity to form connections despite our remote form of interaction. In light of that goal, these classes will expect real-time attendance and may not be recorded. These classes will all be graded on a Credit/No Credit basis and total written work requirement will be no more than 8 double-spaced pages. |
| Law 220.15 The Federalist and Anti-Federalist Papers 1 Units |
| Spring 2022: In-Person Spring 2023: In-Person |
| Description: Spring 2022 Description: The course will cover reading and discussion of Federalist Papers Nos. 47-83 and corresponding Anti-Federalist Papers, addressing separation of powers and the specific powers and authorities of the three branches of government. The class will be taught in a discussion style and will focus on the arguments for and against various provisions of the Constitution advanced by the Federalists and Anti-Federalists at the time of the state ratification debates. The course meets on these dates: Thursday, March 31st 6:25PM-8:45PM Friday, April 1st 10AM-12:10PM AND 3:10PM-5PM Thursday, April 7th 6:25PM-8:45PM Friday, April 8th 10AM-12:10PM AND 3:10PM-5PM Spring 2023 Description: The class covers the separation of powers and the federal powers of the three branches of government as debated by the Federalists and Anti-Federalists during the ratification of the U.S. Constitution. Ryan Nelson is a Circuit Judge on the Ninth Circuit. |
| Law 220.16 Natural Law 1 Units |
| Spring 2025: In-Person |
| Description: Spring 2025 Description: This course will examine the historical and philosophical roots of Natural Law, including its formation in the ancient period and its development during the medieval period. We will then discuss the influence of Natural Law on the Framers of the U.S. Constitution and the struggle between positivism and natural law thinking in American law. We will conclude with an examination of the revival of natural law in the scholarship on constitutional interpretation. |
| Law 220.41 Natural Law and Constitutional Interpretation 2 Units |
| Spring 2020: Remote due to COVID |
| Description: Spring 2020 Description: One of the most difficult questions for constitutional interpretation is whether and how to fill in gaps in the text. Should courts, for example, recognize rights not textually enumerated in the Bill of Rights? Should we give force to principles of federalism or the separation of powers when the Constitution mentions neither phrase? One of the theories proposed as a background set of principles for constitutional interpretation is natural law. This class will examine historic natural law theories as they evolved and existed at the time of the Framing of the Constitution and the Civil War, the modern debate over natural law, and whether such theories can prove useful in answering the difficult constitutional questions of today. The Honorable Janice Rogers Brown is currently a jurist-in-residence at Berkeley Law. She has served in prominent positions in the federal and state judiciaries and California government. She served as the judge on the U.S. Court of Appeals for the D.C. Circuit from 2005 to 2017. She served as a Justice of the California Supreme Court from 1996-2005, and before that was a Justice of the California Third District Court of Appeal. Before her judicial service, she was Legal Affairs Secretary to California Governor Pete Wilson and held positions in the state Attorney General’s office and the Business, Transportation, and Housing Agency. Steven Hayward is a senior research fellow at Berkeley Law, a senior resident scholar at the Institute of Governmental Studies at UC Berkeley, and a visiting professor at the Goldman School of Public Policy. He was previously the Ronald Reagan Distinguished Visiting Professor at Pepperdine University’s Graduate School of Public Policy, and was the inaugural visiting scholar in conservative thought and policy at the University of Colorado at Boulder in 2013-14. From 2002 to 2012 he was the F.K Weyerhaeuser Fellow in Law and Economics at the American Enterprise Institute in Washington DC and has been a senior fellow at the Pacific Research Institute in San Francisco since 1991. |
| Law 220.42 Strategy: Theory, Law, and Policy 2 Units |
| Spring 2023: In-Person |
| Description: Spring 2023 Description: This class will introduce students to the theory and practice of strategy. It will begin by examining the development of grand strategy in international politics and law. It will then explore the application of strategy in legal, political, and business contexts. Some class meetings will welcome guest speakers to discuss the practical use of strategy in their fields. Final paper will be required. |
| Law 220.42S Strategy in Law 1 Units |
| Summer 2024: In-Person |
| Description: Summer 2024 Description: This class will introduce students to the theory and practice of strategy. It will begin by examining the development of grand strategy in international politics and law. It will then explore the application of strategy in legal, political, and business contexts. Some class meetings will welcome guest speakers to discuss the practical use of strategy in their fields. Due to the condensed nature of this course, in-person attendance at all course sessions is mandatory. Absences cannot be excused for any reason, including illness or emergencies. The Registrar’s Office will drop any student who misses a session. |
| Law 220.43 Constitution, Race, and Natural Law 2 Units |
| Spring 2023: In-Person Instruction Fall 2023: In-Person Fall 2024: In-Person |
| Description: Spring 2023 Description: empty Fall 2023 Description: This seminar will address theories of constitutional interpretation and decision making. It will examine the major schools of thought, such as those based in morality, legal process, law and economics, and originalism. It will pay particular attention to the renewed debate over the role of natural law in constitutional interpretation. In each of the seven class meetings, the seminar will focus on a central text of jurisprudence and interpretation. We also have special academic rules for these condensed courses: -Students must attend each course session and cannot attend any course session remotely (even for illness or emergency situations). -The Registrar’s Office will drop a student who does not attend each course session. Due to the condensed nature of this course, in-person attendance at all course sessions is mandatory. Absences cannot be excused for any reason, including illness or emergencies. The Registrar’s Office will drop any student who misses a session. Fall 2024 Description: This seminar will address theories of constitutional interpretation and decision-making. It will examine the major schools of thought, such as those based in morality, legal process, law and economics, and originalism. It will pay particular attention to the renewed debate over the role of natural law in constitutional interpretation. In each of the seven class meetings, the seminar will focus on a central text of jurisprudence and interpretation. We also have special academic rules for these condensed courses: -Students must attend each course session and cannot attend any course session remotely (even for illness or emergency situations). -The Registrar’s Office will drop a student who does not attend each course session. Due to the condensed nature of this course, in-person attendance at all course sessions is mandatory. Absences cannot be excused for any reason, including illness or emergencies. The Registrar’s Office will drop any student who misses a session. |
| Law 220.5 Constitutional Theory 3 Units |
| Spring 2021: Remote due to COVID |
| Description: Spring 2021 Description: In this seminar, we will examine the history and theory surrounding the adoption and ratification of the U.S. Constitution, as well as its principles and applications as they have evolved over time. We will start by addressing the major theories underlying the interpretation of the Constitution, including originalism, constitutional textualism, living constitutionalism, and pragmatism. We will then scrutinize assumptions about human capacity and nature and theories of politics that underlay the major components of the Constitution - Separation of Powers, Federalism, and Individual Rights. Next, we will explore what assumptions of human capacity and nature and theories of politics have been embedded in major constitutional cases in each of these areas over time. We conclude with an account of the sources of constitutional change from the transformation of political institutions and their relationships to each other, social movements, and evolving understandings of the past. Throughout the course, we will assess the extent to which our interpretation of the Constitution depends on our vision of American democracy and good society. |
| Law 220.52 Workshop on Industrial Policy 2 Units |
| Spring 2025: In-Person |
| Description: Spring 2025 Description: This Workshop on Industrial Policy aims to introduce students to a range of both foundational and current issues involved in the positive reevaluation of industrial policy in the United States. This reevaluation is apparent in recent legislation including the CHIPS and Science Act, the Inflation Reduction Act, the Infrastructure Investment and Jobs Act, as well as a raft of executive orders and policy re-thinks, and has a measure of thoughtful bipartisan support. Each week, we will invite a speaker from academia or government with research or practical experience in industrial policy or related policy efforts at what has been called "marketcrafting." Readings will relate to the speaker's presentation and may be either work in progress or past work reflecting current questions. |
| Law 220.6 Constitutional Law 4 Units |
| Spring 2020: Remote due to COVID Fall 2020: Remote due to COVID Spring 2021: Remote due to COVID Fall 2021: In-Person Spring 2022: In-Person Fall 2022: In-Person Spring 2023: In-Person Fall 2023: In-Person Spring 2024: In-Person Fall 2024: In-Person Spring 2025: In-Person |
| Description: Spring 2020 Description: This course will provide an introduction to Constitution Law. The course will be divided into four major sections. The initial section will introduce you to judicial review and constitutional interpretation. The next two sections will focus on what are often referred to as “structural” matters. The second section explores the concept of separation of powers - the division of authority between the three branches of the federal government. The third section will address addresses federalism - the relationship between the federal government and the states and the constitutional limits that define the powers of each over various subject matters. The final section will focus on constitutionally guaranteed rights. This will include an introduction to the structure of constitutional protections, equal protection, and an examination of fundamental rights under the Due Process Clause. Fall 2020 Description: This is an introductory course on Constitutional Law. We will cover judicial review, commerce clause, federalism, separation of powers, equal protection, and substantive due process. The course examines how these concepts have emerged in doctrine, and have been contested through politics and the mobilizations of social movements during transformative periods of American history, such as the Founding, the Civil War, the New Deal, and the Civil Rights Movement. We will also address contemporary constitutional controversies, such as limits on executive power, affirmative action, immigration, or lgbt equality. Except as approved accommodation, laptops may not be used in this class. Spring 2021 Description: Constitutional Law focuses on the constitutional provisions creating the American system of government and protecting individual liberties. The course will focus especially on the methods that are used by judges and lawyers for analyzing and interpreting the Constitution. The course material will be divided into five units. Unit one will examine the separation and balance of powers among the three branches of the federal government. Unit two will focus on the constitutional relationship between the federal and state governments. Unit three will consider the structure of the Constitution’s protection of individual liberties, examining several principles that apply to the constitutional provisions protecting civil rights and civil liberties. The fourth unit will focus on the due process clauses of the fifth and fourteenth amendments and the rights protected under them. Finally, unit five will consider the constitutional guarantee of equal protection of the law. Fall 2021 Description: This is an introductory course on Constitutional Law. We will cover judicial review, commerce clause, federalism, separation of powers, equal protection, and substantive due process. The course examines how these concepts have emerged in doctrine, and have been contested through politics and the mobilizations of social movements during transformative periods of American history, such as the Founding, the Civil War, the New Deal, and the Civil Rights Movement. We will also address contemporary constitutional controversies, such as limits on executive power, affirmative action, immigration, or lgbt equality. Except as approved accommodation, laptops may not be used in this class. Spring 2022 Description: This is an introductory course on Constitutional Law. Although it is primarily a substantive class, the course will also focus on skill building and will include three required writing assignments in addition to the final. It will enhance students' abilities to read and synthesize cases, to formulate effective legal arguments, to engage in critical analysis, and to write law school exams. Although the course will cover basic principles such as judicial review and federalism, the focus will be on the role of the courts in assessing questions of equal protection (based on race, gender, sexual orientation and disability) and establishing the boundaries of fundamental rights, including sexual conduct, procreation, and marriage. This class is by application and for 1L students only. Additional information, including the application instructions, will be sent to 1Ls in January. Fall 2022 Description: This is a 4-unit introductory course on Constitutional Law. Although it is primarily a substantive class, the course will also include some small group exercises and practice exams to help build skills. It will enhance students' abilities to read and synthesize cases, to formulate effective legal arguments, to engage in critical analysis, and to write law school exams. Although the course will cover basic principles such as judicial review and federalism, the focus will be on the role of the courts in assessing questions of equal protection (based on race, gender, sexual orientation and disability) and establishing the boundaries of "fundamental rights," including sexual conduct, procreation, and marriage. We will also address contemporary constitutional controversies, such as the Supreme Court's consideration of affirmative action. Spring 2023 Description: Constitutional Law focuses on the constitutional provisions creating the American system of government and protecting individual liberties. The course will focus especially on the methods that are used by judges and lawyers for analyzing and interpreting the Constitution. The course material will be divided into six units. Unit one will examine judicial review and the methods of constitutional interpretation. Unit two will focus on the structure of the Constitution’s protection of individual liberties, examining several principles that apply to the constitutional provisions protecting civil rights and civil liberties. The third unit will focus on the due process clauses of the fifth and fourteenth amendments and the rights protected under them. Unit four will consider the constitutional guarantee of equal protection of the law. Unit five will examine the separation and balance of powers among the three branches of the federal government. Finally, unit six will look at the scope of congressional powers and their relationship to state governments. Fall 2023 Description: This is a 4-unit introductory course on Constitutional Law. Although it is primarily a substantive class, the course will also include skill building, including small group exercises and practice exams. It will enhance students’ abilities to read and synthesize cases, to formulate effective legal arguments, to engage in critical analysis, and to write law school exams. Although the course will cover basic principles such as judicial review and federalism, the focus will be on the role of the courts in assessing questions of equal protection (based on race, gender, sexual orientation and disability) and establishing the boundaries of “fundamental rights,” including sexual intimacy, reproductive rights, and marriage. Spring 2024 Description: Covering much of the same material discussed in the other sections, this four-unit introductory Constitutional Law course nevertheless likely differs to some degree in the following ways: First, it foregrounds questions of social hierarchy, politics, and power, as these affect marginal groups and also as these shape society as a whole. Second, it emphasizes constitutional change as a guide to what might be possible in the (near) future. Third, it takes an interdisciplinary approach, drawing on history, sociology, political science, and critical theory. Substantively, the course engages the following topics: federalism, economic regulation, equality, and liberty. It examines how these concepts have been filtered through politics and institutional constraints during transformative eras of American history, such as the Civil War and Reconstruction, the New Deal and the Civil Rights Movement, and the post-1970’s rightward shift in American politics. All of this lays the groundwork for parsing significant contemporary alterations in constitutional law in areas including race, gender, abortion, sexual orientation, and activist government. The principal text for this course is Brest, Levinson, Balkin, Amar & Siegel, Processes of Constitutional Decisionmaking: Cases and Materials, 7th ed. (note: this is not the most recent edition; little of note changed with the 8th edition, and the 7th ed. required for this course is more affordable). *We will read closely from the casebook in class, and you will find it necessary to have your own edition in front of you.* It is not necessary to have the supplement. Students in the course will be expected to achieve the following learning outcomes: (a) understanding of substantive constitutional law; (b) familiarity with the legal analysis, reasoning styles, and interpretive techniques associated with constitutional arguments; (c) and knowledge of the competing values served by constitutional law. Class participation may count as a grade tie-breaker. Fall 2024 Description: Covering much of the same material discussed in the other sections, this four-unit introductory Constitutional Law course nevertheless likely differs to some degree in the following ways: First, it foregrounds questions of social hierarchy, politics, and power, as these affect marginal groups and also as these shape society as a whole. Second, it emphasizes constitutional change as a guide to what might be possible in the (near) future. Third, it takes an interdisciplinary approach, drawing on history, sociology, political science, and critical theory. Substantively, the course engages the following topics: federalism, economic regulation, equality, and liberty. It examines how these concepts have been filtered through politics and institutional constraints during transformative eras of American history, such as the Civil War and Reconstruction, the New Deal and the Civil Rights Movement, and the post-1970’s rightward shift in American politics. All of this lays the groundwork for parsing significant contemporary alterations in constitutional law in areas including race, gender, abortion, sexual orientation, and activist government. The principal text for this course is Brest, Levinson, Balkin, Amar & Siegel, Processes of Constitutional Decisionmaking: Cases and Materials, 7th ed. (note: this is not the most recent edition; little of note changed with the 8th edition, and the 7th ed. required for this course is more affordable). *We will read closely from the casebook in class, and you will find it necessary to have your own edition in front of you.* It is not necessary to have the supplement. Students in the course will be expected to achieve the following learning outcomes: (a) understanding of substantive constitutional law; (b) familiarity with the legal analysis, reasoning styles, and interpretive techniques associated with constitutional arguments; (c) and knowledge of the competing values served by constitutional law. Class participation may count as a grade tie-breaker. Spring 2025 Description: Constitutional Law focuses on the constitutional provisions creating the American system of government and protecting individual liberties. The course will focus especially on the methods that are used by judges and lawyers for analyzing and interpreting the Constitution. The course will examine judicial review and the methods of constitutional interpretation; the structure of the Constitution’s protection of individual liberties; the due process clauses of the fifth and fourteenth amendments and the rights protected under them; the constitutional guarantee of equal protection of the law; the separation of powers among the three branches of the federal government; and federalism. |
| Law 220.9 First Amendment 3 Units |
| Spring 2020: Remote due to COVID Spring 2021: Remote due to COVID Spring 2022: In-Person Spring 2023: Remote Instruction Fall 2023: In-Person Spring 2024: In-Person Fall 2024: In-Person Spring 2025: In-Person Instruction |
| Description: Spring 2020 Description: In this course we will study the First Amendment to the United States Constitution, focusing on issues of religion and speech. Spring 2021 Description: The First Amendment of the U.S. Constitution is at the core of current debates in American governance. This course covers the Amendment's speech, association, and religion clauses. Cases and doctrines will be examined both from a historical perspective and in light of current issues, with attention to developments in technology, culture, and society. Spring 2022 Description: In this course we will study the First Amendment to the United States Constitution, focusing on issues of religion and speech. While the main focus of the course will be on legal doctrine, we will also read and discuss normative theories and frameworks that aim to guide our thinking about freedom of speech and religion. Spring 2023 Description: In this course we will study the First Amendment to the United States Constitution, focusing on issues of speech and religion. Cases and doctrines will be examined both from a historical perspective and in light of current issues, with attention to developments in technology, culture, and society, and to the views of a changing Supreme Court. **PLEASE NOTE THAT BECAUSE OF AN INSTRUCTOR HEALTH ISSUE, THE CLASS WILL LIKELY BE TAUGHT ON ZOOM DURING THE MONTHS OF JAN AND FEB (AND PERHAPS BEYOND). Fall 2023 Description: This course will focus on the First Amendment to the United Constitution, especially examining issues of speech, press, association, and religion. Spring 2024 Description: This course will focus on the First Amendment to the United States Constitution. We will examine each of the First Amendment's six clauses - Establishment, Free Exercise, Speech, Press, Assembly/Association, and Petition in the order they occur. Prof Neuborne served as National Legal Director of the ACLU during the Presidency of Ronald Reagan and as Founding Legal Director of the Brennan Center for Justice. He has argued a number of First Amendment cases before the United States Supreme Court. Fall 2024 Description: This course will focus on the First Amendment to the United States Constitution, especially examining issues of speech, press, association, and religion. Spring 2025 Description: empty |
| Law 220.92 Democracy and the First Amendment 2 Units |
| Spring 2022: In-Person |
| Description: Spring 2022 Description: The seminar will explore the interaction between Democracy and the First Amendment. We will ask how (or whether) the First Amendment protects the right to vote, run for office, support or oppose candidates, enjoy fair representation, spend money, seek relief, and criticize government. We will consider, as well, whether equality-based protections provide an adequate alternative to First Amendment protection. We will consider statutory protections and regulation of the democratic process, including the Voting Rights Act and federal regulation of campaign spending. We'll look, as well, at corporate political speech and spending. Seminar participants will be expected to research and write a paper exploring a topic of choice. |
| Law 220.9S First Amendment 1 Units |
| Summer 2024: In-Person |
| Description: Summer 2024 Description: The course will focus on the First Amendment to the United States Constitution, specifically on the provisions concerning religion and speech. The course will examine basic themes and major doctrines concerning religion and speech. Due to the condensed nature of this course, in-person attendance at all course sessions is mandatory. Absences cannot be excused for any reason, including illness or emergencies. The Registrar’s Office will drop any student who misses a session. |
| Law 220.I Law, Politics, and Governance 3 Units |
| Spring 2025: In-Person |
| Description: Spring 2025 Description: This graduate seminar in legal and political theory will examine some of the key concepts in law, politics, and governance, as well as the relationships between those concepts. Likely topics include: legality and legitimacy, institutional design, the role of written constitutions and constitutional norms, individual rights, the lawmaking process, authority to interpret the constitution and statutes (including debates over judicial review), allocation of authority between national and subnational governments, and international law and legality. In the course of discussing these topics, we will pay specific attention to the interplay of legal rules and institutions with other values, including democracy, effective governance, the public welfare, and the status of historically marginalized demographic groups. We envision the course as an advanced seminar in constitutional and political theory. The course is open to all Berkeley Law students (JSP, JD, JSD, or LLM) and Berkeley doctoral students from other departments. Graduate students from other Berkeley schools are welcome to enroll with permission of the instructors. This course will tackle important and challenging questions in the spirit of open inquiry and free exchange of ideas. We welcome a wide range of viewpoints on these questions. Reasonable minds can differ on many of the issues that we will be discussing, and no ideas are immune from scrutiny. |
| Law 220A Marijuana Law and Policy 1 Units |
| Spring 2020: Remote due to COVID Spring 2021: Remote due to COVID Spring 2022: In-Person Spring 2023: In-Person Spring 2024: In-Person Spring 2025: In-Person |
| Description: Spring 2020 Description: In this marijuana law and policy seminar, students will engage with the wide variety of legal issues presented by one of the fastest-evolving fields in drug policy, and grapple with the policy and practical legal issues that arise when an illicit market evolves into one that is quasi-legal and regulated by the state but still prohibited under federal law. The course will cover the history of marijuana prohibition, including its race-based origins and its continued racially disparate enforcement; the political movement and strategy to decriminalize marijuana and allow medical access; the international and federal constraints on state law reform; the legal and regulatory questions involving criminal sentencing, tax, consumer safety, labor law, environmental protection, and public health; social justice considerations prompted by the emergence of a new, quasi-legal industry for a product that was previously criminalized in a racially-disparate manner; and the continuing challenges of navigating a new industry that remains illegal under federal law. The instructor was the legal director for the world’s largest drug policy advocacy organization, and has specialized for the last ten years in marijuana law and policy. She has been instrumental in the drafting of medical and recreational marijuana laws and voter initiatives in more than 15 states across the country; was a lead drafter of recently-enacted recreational marijuana laws in Colorado, Oregon, and California; and has testified in numerous legislative and government bodies in the United States and abroad on the issue of drug policy and the intersection of state and federal law. The reading for the course will be an eclectic mix of case law, policy articles, government studies and reports, statutes, advocacy pieces, and political campaign materials. Spring 2021 Description: In this marijuana law and policy seminar, students will engage with the wide variety of legal issues presented by one of the fastest-evolving fields in drug policy, and grapple with the policy and practical legal issues that arise when an illicit market evolves into one that is quasi-legal and regulated by the state but still prohibited under federal law. The course will cover the history of marijuana prohibition, including its race-based origins and its continued racially disparate enforcement; the political movement and strategy to decriminalize marijuana and allow medical access; the international and federal constraints on state law reform; the legal and regulatory questions involving criminal sentencing, tax, consumer safety, labor law, environmental protection, and public health; social justice considerations prompted by the emergence of a new, quasi-legal industry for a product that was previously criminalized in a racially-disparate manner; and the continuing challenges of navigating a new industry that remains illegal under federal law. The instructor was the legal director for the world’s largest drug policy advocacy organization, and has specialized for the last ten years in marijuana law and policy. She has been instrumental in the drafting of medical and recreational marijuana laws and voter initiatives in more than 15 states across the country; was a lead drafter of recently-enacted recreational marijuana laws in Colorado, Oregon, and California; and has testified in numerous legislative and government bodies in the United States and abroad on the issue of drug policy and the intersection of state and federal law. The reading for the course will be an eclectic mix of case law, policy articles, government studies and reports, statutes, advocacy pieces, and political campaign materials. Spring 2022 Description: In this marijuana law and policy seminar, students will engage with the wide variety of legal issues presented by one of the fastest-evolving fields in drug policy, and grapple with the policy and practical legal issues that arise when an illicit market evolves into one that is quasi-legal and regulated by the state but still prohibited under federal law. The course will cover the history of marijuana prohibition, including its race-based origins and its continued racially disparate enforcement; the political movement and strategy to decriminalize marijuana and allow medical access; the international and federal constraints on state law reform; the legal and regulatory questions involving criminal sentencing, tax, consumer safety, labor law, environmental protection, and public health; social justice considerations prompted by the emergence of a new, quasi-legal industry for a product that was previously criminalized in a racially-disparate manner; and the continuing challenges of navigating a new industry that remains illegal under federal law. The instructor was the legal director for the world’s largest drug policy advocacy organization, and has specialized for the last ten years in marijuana law and policy. She has been instrumental in the drafting of medical and recreational marijuana laws and voter initiatives in more than 18 states across the country; was a lead drafter of recently-enacted recreational marijuana laws in Colorado, Oregon, and California; and has testified in numerous legislative and government bodies in the United States and abroad on the issue of drug policy and the intersection of state and federal law. The reading for the course will be an eclectic mix of case law, policy articles, government studies and reports, statutes, advocacy pieces, and political campaign materials. Spring 2023 Description: In this marijuana law and policy seminar, students will engage with the wide variety of legal issues presented by one of the fastest-evolving fields in drug policy, and grapple with the policy and practical legal issues that arise when an illicit market evolves into one that is quasi-legal and regulated by the state but still prohibited under federal law. The course will cover the history of marijuana prohibition, including its race-based origins and its continued racially disparate enforcement; the political movement and strategy to decriminalize marijuana and allow medical access; the international and federal constraints on state law reform; the legal and regulatory questions involving criminal sentencing, tax, consumer safety, labor law, environmental protection, and public health; social justice considerations prompted by the emergence of a new, quasi-legal industry for a product that was previously criminalized in a racially-disparate manner; and the continuing challenges of navigating a new industry that remains illegal under federal law. The reading for the course will be an eclectic mix of case law, policy articles, government studies and reports, statutes, advocacy pieces, and political campaign materials. Tamar Todd was the legal director for the world’s largest drug policy advocacy organization, and has specialized for the last ten years in marijuana law and policy. She has been instrumental in the drafting of medical and recreational marijuana laws and voter initiatives in more than 18 states across the country; was a lead drafter of recently-enacted recreational marijuana laws in Colorado, Oregon, and California; and has testified in numerous legislative and government bodies in the United States and abroad on the issue of drug policy and the intersection of state and federal law. Spring 2024 Description: In this marijuana law and policy seminar, students will engage with the wide variety of legal issues presented by one of the fastest-evolving fields in drug policy, and grapple with the policy and practical legal issues that arise when an illicit market evolves into one that is quasi-legal and regulated by the state but still prohibited under federal law. The course will cover the history of marijuana prohibition, including its race-based origins and its continued racially disparate enforcement; the political movement and strategy to decriminalize marijuana and allow medical access; the international and federal constraints on state law reform; the legal and regulatory questions involving criminal sentencing, tax, consumer safety, labor law, environmental protection, and public health; social justice considerations prompted by the emergence of a new, quasi-legal industry for a product that was previously criminalized in a racially-disparate manner; and the continuing challenges of navigating a new industry that remains illegal under federal law. The reading for the course will be an eclectic mix of case law, policy articles, government studies and reports, statutes, advocacy pieces, and political campaign materials. Tamar Todd was the legal director for the world’s largest drug policy advocacy organization, and has specialized for the last ten years in marijuana law and policy. She has been instrumental in the drafting of medical and recreational marijuana laws and voter initiatives in more than 18 states across the country; was a lead drafter of recently-enacted recreational marijuana laws in Colorado, Oregon, and California; and has testified in numerous legislative and government bodies in the United States and abroad on the issue of drug policy and the intersection of state and federal law. Spring 2025 Description: In this marijuana law and policy seminar, students will engage with the wide variety of legal issues presented by one of the fastest-evolving fields in drug policy, and grapple with the policy and practical legal issues that arise when an illicit market evolves into one that is quasi-legal and regulated by the state but still prohibited under federal law. The course will cover the history of marijuana prohibition, including its race-based origins and its continued racially disparate enforcement; the political movement and strategy to decriminalize marijuana and allow medical access; the international and federal constraints on state law reform; the legal and regulatory questions involving criminal sentencing, tax, consumer safety, labor law, environmental protection, and public health; social justice considerations prompted by the emergence of a new, quasi-legal industry for a product that was previously criminalized in a racially-disparate manner; and the continuing challenges of navigating a new industry that remains illegal under federal law. The reading for the course will be an eclectic mix of case law, policy articles, government studies and reports, statutes, advocacy pieces, and political campaign materials. Tamar Todd was the legal director for the world’s largest drug policy advocacy organization, and has specialized for the last ten years in marijuana law and policy. She has been instrumental in the drafting of medical and recreational marijuana laws and voter initiatives in more than 18 states across the country; was a lead drafter of recently-enacted recreational marijuana laws in Colorado, Oregon, and California; and has testified in numerous legislative and government bodies in the United States and abroad on the issue of drug policy and the intersection of state and federal law. |
| Law 220A1 Education Law and Policy: Access, Discrimination, and Constitutional Litigation 2 Units |
| Fall 2020: Remote due to COVID |
| Description: Fall 2020 Description: This fall seminar will address several contemporary issues in elementary, secondary, and postsecondary education. Topics will include, among others: constitutional remedies for unequal school funding; the use of race and ethnicity in K-12 people assignment policies and college admissions; denial of access to education due to immigration status, English proficiency, or disability; sex discrimination; and the challenges of racial and hyper-segregation. There will be no casebook. Course materials will be available online through bCourses. Grades will be based, approximately equally, on (a) class participation, (b) a draft 10-15-page paper on an approved topic, and (c) the final paper, after instructor feedback. This is a law course, but with substantial public policy content. |
| Law 220E Advanced Constitutional Law: Federalism 3 Units |
| Fall 2020: Remote due to COVID Spring 2023: In-Person |
| Description: Fall 2020 Description: This course will examine the balance of powers between the national and state governments. We will cover the main sources of federal power, such as the Commerce Clause, the Taxing and Spending Powers, the Foreign Affairs Power, and the Necessary and Proper Clause. We will also examine doctrines of state sovereignty and theoretical approaches to federalism. Spring 2023 Description: This course will examine the balance of powers between the national and state governments. We will cover the main sources of federal power, such as the Commerce Clause, the Taxing and Spending Powers, the Foreign Affairs Power, and the Necessary and Proper Clause. We will also examine doctrines of state sovereignty and theoretical approaches to federalism. |
| Law 220F Food Law and Policy 3 Units |
| Spring 2020: Remote due to COVID Spring 2024: In-Person Spring 2025: In-Person |
| Description: Spring 2020 Description: This Seminar will explore a wide range of issues related to food law and policy. Topics will likely include issues such as food safety, food labeling, government dietary standards, regulating the treatment of farm animals, farm and restaurant labor, organic farming standards, hunger and obesity in America, food stamps, government provision of food via school lunches in prisons and in the military, free speech controversies in the food law context, and the interactions between food production and the environment in light of climate change. Students will read a variety of materials in preparation for weekly discussions and will each write a 30+-page research paper. The course may fulfill the writing requirement with the agreement of the instructor. Spring 2024 Description: This seminar will explore a wide range of issues related to food law and policy. Possible topics include food safety, food labeling and marketing, regulation and patenting of genetically-modified organisms, farm subsidies, treatment of livestock, farm labor, organic farming standards, hunger and obesity, international trade in food, and promotion of local and sustainable agriculture. Throughout the course we will be attentive to ways in which the impacts of food law and policy vary on the basis of factors including race, immigration status, and gender. Students will read a variety of materials in preparation for weekly discussions and will each write a 30+-page research paper. There are no prerequisites for this class. The course may fulfill the writing requirement with the agreement of the instructor. Spring 2025 Description: This seminar will explore a wide range of issues related to food law and policy. Possible topics include food safety, food labeling and marketing, regulation and patenting of genetically-modified organisms, farm subsidies, treatment of livestock, farm labor, organic farming standards, hunger and obesity, international trade in food, and promotion of local and sustainable agriculture. Throughout the course we will be attentive to ways in which the impacts of food law and policy vary on the basis of factors including race, immigration status, and gender. Students will read a variety of materials in preparation for weekly discussions and will each write a 30+-page research paper. There are no prerequisites for this class. |
| Law 220G Public Law and Policy Workshop 2 Units |
| Spring 2021: Remote due to COVID Spring 2023: In-Person Spring 2025: In-Person |
| Description: Spring 2021 Description: This seminar gives students the opportunity to engage with leading public law scholars from Berkeley and other schools. This year, the seminar will focus on separation of powers, especially the scope of presidential power. This is an area of ferment on the Supreme Court and among scholars. It was also a focus of intense public debate during the Trump Administration. The speakers include Professors Jonathan Gould, Bertrall Ross, Amanda Tyler, and John Yoo from our own faculty. The outside speakers include Gillian Metzger (Columbia), Josh Chafetz (Cornell), Eloise Pasachoff (Georgetown), Kristin Hickman (Minnesota), John Harrison (Virginia), J.D. Mortenson (Michigan), and Saikrishna Prakash (Virginia). Students are expected to read the papers in advance and to participate in a discussion with the author. Grades will be based on four brief response papers and on class participation. Spring 2023 Description: This seminar will discuss papers on public law by leading scholars from Berkeley Law and other schools. Public law is the umbrella term for the various areas of law that structure the government, determine how it is constituted, and describe its powers. Public law includes constitutional law (e.g., separation of powers, federalism, individual rights), administrative law, and the law of democracy, among other topics. During a time of polarization and tumult in American democracy, public law is critically important. The theme for the semester will be the intersection of law and politics. We will focus on the ways in which public law shapes our politics, and the ways in which our politics shape public law. Papers will cover a variety of substantive topics related to that theme. Each week, a guest speaker will join us to present and discuss their work. Students are expected to read the papers in advance and to participate in discussion with the author. Grades will be based on short response papers and on class participation. Spring 2025 Description: This seminar will discuss papers on public law by leading scholars from Berkeley Law and other law schools. Public law is the umbrella term for the various areas of law that structure the government, determine how it is constituted, and describe its powers. Public law includes constitutional law (e.g., separation of powers, federalism, individual rights), administrative law, and the law of democracy, among other topics. During a time of polarization and tumult in American democracy, public law is critically important. The theme for the semester will be the relationship of law and federal policymaking in the United States. We anticipate papers on that theme that touch on a range of substantive topics, including domestic policy, economic policy, and national security policy. Each week, a guest speaker will join us to present and discuss scholarly work in progress. Students are expected to read the papers in advance and to participate in discussion with the author. Grades will be based on short response papers and on class participation. |
| Law 220H Public Law in a Pandemic for LL.M.s 1 Units |
| Fall 2020: Remote due to COVID |
| Description: Fall 2020 Description: Many lawsuits have been filed in courts arising from COVID-19 and actions taken to stop its spread, and many more lawsuits are likely in the weeks and months ahead. What are the legal principles concerning the government’s power in a pandemic? How are civil liberties to balanced with the need to stop the spread of a communicable disease? The focus will be both on the underlying legal principles and on the issues now being litigated. |
| Law 220SP Advanced Constitutional Law: Separation of Powers 3 Units |
| Spring 2020: Remote due to COVID Spring 2022: In-Person Spring 2024: In-Person |
| Description: Spring 2020 Description: This course provides an in-depth examination of the separation of powers under the U.S. Constitution. Topics will include the historical origins of the separation of powers, judicial review and justiciability, presidential and congressional power over the administrative state, executive privilege and congressional investigation, the war and treaty powers, and the budget process. Spring 2022 Description: This course provides an in-depth examination of the separation of powers under the U.S. Constitution. Topics will include the historical origins of the separation of powers, judicial review and justiciability, presidential and congressional power over the administrative state, executive privilege and congressional investigation, and the war and treaty powers. Spring 2024 Description: This course provides an in-depth examination of the separation of powers under the U.S. Constitution. Topics will include the historical origins of the separation of powers, judicial review and justiciability, presidential and congressional power over the administrative state, executive privilege and congressional investigation, and foreign affairs. |
| Law 221.2 Presidents and Policy 2 Units |
| Spring 2024: In-Person |
| Description: Spring 2024 Description: This course will examine the main elements of presidential power, including the selection of the President, the procedural and substantive dimensions of executive power, and the checks on presidential power, including impeachment. Readings will include cases, legal and political science scholarship, and materials from contemporary controversies. Class sessions will be discussion-based and students will be evaluated through a research paper. |
| Law 221.6 Education Law and Policy Seminar 2 Units |
| Spring 2020: Remote due to COVID Fall 2022: In-Person |
| Description: Spring 2020 Description: This seminar concerns equity, excellence and reform in public education across select areas of doctrine, legislation, regulation, and enforcement. The emphasis will be on K-12 public education, but we will also touch on undergraduate higher education. The principal topics will be: federal-state-local division of authority; accountability for educational equity and excellence; K-12 resource equity; and, more generally, antidiscrimination law in education. No casebook; course materials will be available on bCourses. Grades will be based on class participation and a 10-15-page paper on an approved topic, with feedback on a required first draft. This is a law course, but with substantial public policy content. There are no prerequisites, although Administrative Law, Legislation and to a lesser extent Constitutional Law would be helpful. Fall 2022 Description: This seminar explores the pursuit of equity in public education across select areas of doctrine, legislation, and regulation. The emphasis will be on K-12 schooling and the principal focus will be legislation addressing inequity in educational opportunity along lines of race, class, and disability status, and judicial interpretation of such legislation. The class will explore topics such as the division of authority between the federal government and the states to shape students' educational experiences; accountability for educational equity and quality; education outcomes; efforts to establish a right to education; the imposition of discipline; and the meaning of freedom of speech in the context of public education. Grades will be based on class participation and a 30-40 page paper on an approved topic; students will be required to submit a first draft and make revisions based on feedback received. This is a law course, but with substantial public policy content. There are no prerequisites, although Legislation, Administrative Law, and Constitutional Law would be helpful. |
| Law 221.61 Structural Change in Public Education Seminar 5 Units |
| Spring 2020: Remote due to COVID Fall 2020: Remote due to COVID Spring 2021: Remote due to COVID Fall 2021: In-Person Spring 2022: In-Person Fall 2022: In-Person Spring 2023: In-Person Fall 2023: In-Person Spring 2024: In-Person Fall 2024: In-Person Spring 2025: In-Person |
| Description: Spring 2020 Description: This seminar is one part of a three-part immersive semester in education law and policy taught at Columbia Law School, through its Center for Public Research and Leadership (CPRL). CPRL’s intensive, full-semester seminar and field placement immerses students in the theory and practice of managing, governing, and transforming the public systems and social-sector organizations that deliver public education in the U.S. and abroad. Hosted at Columbia, this experiential offering has three components: A comprehensive seminar in the design, governance, regulation, democratic accountability and transformation of P-12 school systems and allied public- and social-sector organizations Skills training in a range of twenty-first century problem-solving competencies, including working in diverse teams to address multi-dimensional problems; design thinking; taking full advantage of difference and diversity; collaborative inquiry; quantitative and qualitative analysis and measurement; organizational macro- and micro-design; project and product management; client-centered and policy-focused information gathering; and the presentation of professional advice to government and social-sector clients A high-priority, professionally guided consulting project on which an interdisciplinary team of graduate students provides design, strategic, planning, and/or implementation advice and support on matters that combine management, legal, governance, policy, regulatory, and/or technological issues crucial to the mission of the client organization - typically, a state department of education, school district, charter school organization, school-support or advocacy group, or other non-profit serving children. For more information, visit CPRL's website at: https://cprl.law.columbia.edu/content/program-overview Fall 2020 Description: This seminar is one part of a three-part immersive semester in education law and policy taught at Columbia Law School, through its Center for Public Research and Leadership (CPRL). CPRL’s intensive, full-semester seminar and field placement immerses students in the theory and practice of managing, governing, and transforming the public systems and social-sector organizations that deliver public education in the U.S. and abroad. Hosted at Columbia, this experiential offering has three components: A comprehensive seminar in the design, governance, regulation, democratic accountability and transformation of P-12 school systems and allied public- and social-sector organizations Skills training in a range of twenty-first century problem-solving competencies, including working in diverse teams to address multi-dimensional problems; design thinking; taking full advantage of difference and diversity; collaborative inquiry; quantitative and qualitative analysis and measurement; organizational macro- and micro-design; project and product management; client-centered and policy-focused information gathering; and the presentation of professional advice to government and social-sector clients A high-priority, professionally guided consulting project on which an interdisciplinary team of graduate students provides design, strategic, planning, and/or implementation advice and support on matters that combine management, legal, governance, policy, regulatory, and/or technological issues crucial to the mission of the client organization - typically, a state department of education, school district, charter school organization, school-support or advocacy group, or other non-profit serving children. For more information, visit CPRL's website at: https://cprl.law.columbia.edu/content/program-overview Spring 2021 Description: This seminar is one part of a three-part immersive semester in education law and policy taught at Columbia Law School, through its Center for Public Research and Leadership (CPRL). CPRL’s intensive, full-semester seminar and field placement immerses students in the theory and practice of managing, governing, and transforming the public systems and social-sector organizations that deliver public education in the U.S. and abroad. Hosted at Columbia, this experiential offering has three components: A comprehensive seminar in the design, governance, regulation, democratic accountability and transformation of P-12 school systems and allied public- and social-sector organizations Skills training in a range of twenty-first century problem-solving competencies, including working in diverse teams to address multi-dimensional problems; design thinking; taking full advantage of difference and diversity; collaborative inquiry; quantitative and qualitative analysis and measurement; organizational macro- and micro-design; project and product management; client-centered and policy-focused information gathering; and the presentation of professional advice to government and social-sector clients A high-priority, professionally guided consulting project on which an interdisciplinary team of graduate students provides design, strategic, planning, and/or implementation advice and support on matters that combine management, legal, governance, policy, regulatory, and/or technological issues crucial to the mission of the client organization - typically, a state department of education, school district, charter school organization, school-support or advocacy group, or other non-profit serving children. For more information, visit CPRL's website at: https://cprl.law.columbia.edu/content/program-overview. Applications are due November 2nd, and students may contact Kristen Holmquist with more information about the program and how to apply. Fall 2021 Description: This seminar is one part of a three-part immersive semester in education law and policy taught at Columbia Law School, through its Center for Public Research and Leadership (CPRL). CPRL’s intensive, full-semester seminar and field placement immerses students in the theory and practice of managing, governing, and transforming the public systems and social-sector organizations that deliver public education in the U.S. and abroad. Hosted at Columbia, this experiential offering has three components: A comprehensive seminar in the design, governance, regulation, democratic accountability and transformation of P-12 school systems and allied public- and social-sector organizations Skills training in a range of twenty-first century problem-solving competencies, including working in diverse teams to address multi-dimensional problems; design thinking; taking full advantage of difference and diversity; collaborative inquiry; quantitative and qualitative analysis and measurement; organizational macro- and micro-design; project and product management; client-centered and policy-focused information gathering; and the presentation of professional advice to government and social-sector clients A high-priority, professionally guided consulting project on which an interdisciplinary team of graduate students provides design, strategic, planning, and/or implementation advice and support on matters that combine management, legal, governance, policy, regulatory, and/or technological issues crucial to the mission of the client organization - typically, a state department of education, school district, charter school organization, school-support or advocacy group, or other non-profit serving children. For more information, visit CPRL's website at: https://cprl.law.columbia.edu/content/program-overview. Applications are due April 23rd, and students may contact Kristen Holmquist with more information about the program and how to apply. Spring 2022 Description: This seminar is one part of a three-part immersive semester in education law and policy taught at Columbia Law School, through its Center for Public Research and Leadership (CPRL). CPRL’s intensive, full-semester seminar and field placement immerses students in the theory and practice of managing, governing, and transforming the public systems and social-sector organizations that deliver public education in the U.S. and abroad. Hosted at Columbia, this experiential offering has three components: A comprehensive seminar in the design, governance, regulation, democratic accountability and transformation of P-12 school systems and allied public- and social-sector organizations Skills training in a range of twenty-first century problem-solving competencies, including working in diverse teams to address multi-dimensional problems; design thinking; taking full advantage of difference and diversity; collaborative inquiry; quantitative and qualitative analysis and measurement; organizational macro- and micro-design; project and product management; client-centered and policy-focused information gathering; and the presentation of professional advice to government and social-sector clients A high-priority, professionally guided consulting project on which an interdisciplinary team of graduate students provides design, strategic, planning, and/or implementation advice and support on matters that combine management, legal, governance, policy, regulatory, and/or technological issues crucial to the mission of the client organization - typically, a state department of education, school district, charter school organization, school-support or advocacy group, or other non-profit serving children. For more information, visit CPRL's website at: https://cprl.law.columbia.edu/content/program-overview. Contact Kristen Holmquist to apply. Fall 2022 Description: This seminar is one part of a three-part immersive semester in education law and policy taught at Columbia Law School, through its Center for Public Research and Leadership (CPRL). CPRL’s intensive, full-semester seminar and field placement immerses students in the theory and practice of managing, governing, and transforming the public systems and social-sector organizations that deliver public education in the U.S. and abroad. Hosted at Columbia, this experiential offering has three components: A comprehensive seminar in the design, governance, regulation, democratic accountability and transformation of P-12 school systems and allied public- and social-sector organizations Skills training in a range of twenty-first century problem-solving competencies, including working in diverse teams to address multi-dimensional problems; design thinking; taking full advantage of difference and diversity; collaborative inquiry; quantitative and qualitative analysis and measurement; organizational macro- and micro-design; project and product management; client-centered and policy-focused information gathering; and the presentation of professional advice to government and social-sector clients A high-priority, professionally guided consulting project on which an interdisciplinary team of graduate students provides design, strategic, planning, and/or implementation advice and support on matters that combine management, legal, governance, policy, regulatory, and/or technological issues crucial to the mission of the client organization - typically, a state department of education, school district, charter school organization, school-support or advocacy group, or other non-profit serving children. For more information, visit CPRL's website at: a href=https://cprl.law.columbia.edu/content/program-overview https://cprl.law.columbia.edu/content/program-overview/a. Contact Kristen Holmquist to apply. Spring 2023 Description: This seminar is one part of a three-part immersive semester in education law and policy taught at Columbia Law School, through its Center for Public Research and Leadership (CPRL). CPRL’s intensive, full-semester seminar and field placement immerses students in the theory and practice of managing, governing, and transforming the public systems and social-sector organizations that deliver public education in the U.S. and abroad. Hosted at Columbia, this experiential offering has three components: A comprehensive seminar in the design, governance, regulation, democratic accountability and transformation of P-12 school systems and allied public- and social-sector organizations Skills training in a range of twenty-first century problem-solving competencies, including working in diverse teams to address multi-dimensional problems; design thinking; taking full advantage of difference and diversity; collaborative inquiry; quantitative and qualitative analysis and measurement; organizational macro- and micro-design; project and product management; client-centered and policy-focused information gathering; and the presentation of professional advice to government and social-sector clients A high-priority, professionally guided consulting project on which an interdisciplinary team of graduate students provides design, strategic, planning, and/or implementation advice and support on matters that combine management, legal, governance, policy, regulatory, and/or technological issues crucial to the mission of the client organization - typically, a state department of education, school district, charter school organization, school-support or advocacy group, or other non-profit serving children. For more information, visit CPRL's website at: https://cprl.law.columbia.edu/content/program-overview. Contact Kristen Holmquist to apply. Fall 2023 Description: This seminar is one part of a three-part immersive semester in education law and policy taught at Columbia Law School, through its Center for Public Research and Leadership (CPRL). CPRL’s intensive, full-semester seminar and field placement immerses students in the theory and practice of managing, governing, and transforming the public systems and social-sector organizations that deliver public education in the U.S. and abroad. Hosted at Columbia, this experiential offering has three components: A comprehensive seminar in the design, governance, regulation, democratic accountability and transformation of P-12 school systems and allied public- and social-sector organizations Skills training in a range of twenty-first century problem-solving competencies, including working in diverse teams to address multi-dimensional problems; design thinking; taking full advantage of difference and diversity; collaborative inquiry; quantitative and qualitative analysis and measurement; organizational macro- and micro-design; project and product management; client-centered and policy-focused information gathering; and the presentation of professional advice to government and social-sector clients A high-priority, professionally guided consulting project on which an interdisciplinary team of graduate students provides design, strategic, planning, and/or implementation advice and support on matters that combine management, legal, governance, policy, regulatory, and/or technological issues crucial to the mission of the client organization - typically, a state department of education, school district, charter school organization, school-support or advocacy group, or other non-profit serving children. For more information, visit CPRL's website at: https://cprl.law.columbia.edu/content/program-overview. Contact Kristen Holmquist to apply. Spring 2024 Description: This seminar is one part of a three-part immersive semester in education law and policy taught at Columbia Law School, through its Center for Public Research and Leadership (CPRL). CPRL’s intensive, full-semester seminar and field placement immerses students in the theory and practice of managing, governing, and transforming the public systems and social-sector organizations that deliver public education in the U.S. and abroad. Hosted at Columbia, this experiential offering has three components: A comprehensive seminar in the design, governance, regulation, democratic accountability and transformation of P-12 school systems and allied public- and social-sector organizations Skills training in a range of twenty-first century problem-solving competencies, including working in diverse teams to address multi-dimensional problems; design thinking; taking full advantage of difference and diversity; collaborative inquiry; quantitative and qualitative analysis and measurement; organizational macro- and micro-design; project and product management; client-centered and policy-focused information gathering; and the presentation of professional advice to government and social-sector clients A high-priority, professionally guided consulting project on which an interdisciplinary team of graduate students provides design, strategic, planning, and/or implementation advice and support on matters that combine management, legal, governance, policy, regulatory, and/or technological issues crucial to the mission of the client organization - typically, a state department of education, school district, charter school organization, school-support or advocacy group, or other non-profit serving children. For more information, visit CPRL's website at: https://cprl.law.columbia.edu/content/program-overview. Contact Kristen Holmquist to apply. Fall 2024 Description: This seminar is one part of a three-part immersive semester in education law and policy taught at Columbia Law School, through its Center for Public Research and Leadership (CPRL). CPRL’s intensive, full-semester seminar and field placement immerses students in the theory and practice of managing, governing, and transforming the public systems and social-sector organizations that deliver public education in the U.S. and abroad. Hosted at Columbia, this experiential offering has three components: A comprehensive seminar in the design, governance, regulation, democratic accountability and transformation of P-12 school systems and allied public- and social-sector organizations Skills training in a range of twenty-first century problem-solving competencies, including working in diverse teams to address multi-dimensional problems; design thinking; taking full advantage of difference and diversity; collaborative inquiry; quantitative and qualitative analysis and measurement; organizational macro- and micro-design; project and product management; client-centered and policy-focused information gathering; and the presentation of professional advice to government and social-sector clients A high-priority, professionally guided consulting project on which an interdisciplinary team of graduate students provides design, strategic, planning, and/or implementation advice and support on matters that combine management, legal, governance, policy, regulatory, and/or technological issues crucial to the mission of the client organization - typically, a state department of education, school district, charter school organization, school-support or advocacy group, or other non-profit serving children. For more information, visit CPRL's website at: https://cprl.law.columbia.edu/content/program-overview. Contact Kristen Holmquist to apply. Spring 2025 Description: This seminar is one part of a three-part immersive semester in education law and policy taught at Columbia Law School, through its Center for Public Research and Leadership (CPRL). CPRL’s intensive, full-semester seminar and field placement immerses students in the theory and practice of managing, governing, and transforming the public systems and social-sector organizations that deliver public education in the U.S. and abroad. Hosted at Columbia, this experiential offering has three components: A comprehensive seminar in the design, governance, regulation, democratic accountability and transformation of P-12 school systems and allied public- and social-sector organizations Skills training in a range of twenty-first century problem-solving competencies, including working in diverse teams to address multi-dimensional problems; design thinking; taking full advantage of difference and diversity; collaborative inquiry; quantitative and qualitative analysis and measurement; organizational macro- and micro-design; project and product management; client-centered and policy-focused information gathering; and the presentation of professional advice to government and social-sector clients A high-priority, professionally guided consulting project on which an interdisciplinary team of graduate students provides design, strategic, planning, and/or implementation advice and support on matters that combine management, legal, governance, policy, regulatory, and/or technological issues crucial to the mission of the client organization - typically, a state department of education, school district, charter school organization, school-support or advocacy group, or other non-profit serving children. For more information, visit CPRL's website at: https://cprl.law.columbia.edu/content/program-overview. To apply, contact Sue Schechter, Field Placement Director, at sschechter@law.berkeley.edu and fieldplacementprogram@law.berkeley.edu. |
| Law 221.62 Structural Change in Public Education Simulation Course 2 Units |
| Spring 2020: Remote due to COVID Fall 2020: Remote due to COVID Spring 2021: Remote due to COVID Fall 2021: In-Person Spring 2022: In-Person Fall 2022: In-Person Spring 2023: In-Person Fall 2023: In-Person Spring 2024: In-Person Fall 2024: In-Person Spring 2025: In-Person |
| Description: Spring 2020 Description: This simulation course is one part of a three-part immersive semester in education law and policy taught at Columbia Law School, through its Center for Public Research and Leadership (CPRL). CPRL’s intensive, full-semester seminar and field placement immerses students in the theory and practice of managing, governing, and transforming the public systems and social-sector organizations that deliver public education in the U.S. and abroad. Hosted at Columbia, this experiential offering has three components: A comprehensive seminar in the design, governance, regulation, democratic accountability and transformation of P-12 school systems and allied public- and social-sector organizations Skills training in a range of twenty-first century problem-solving competencies, including working in diverse teams to address multi-dimensional problems; design thinking; taking full advantage of difference and diversity; collaborative inquiry; quantitative and qualitative analysis and measurement; organizational macro- and micro-design; project and product management; client-centered and policy-focused information gathering; and the presentation of professional advice to government and social-sector clients A high-priority, professionally guided consulting project on which an interdisciplinary team of graduate students provides design, strategic, planning, and/or implementation advice and support on matters that combine management, legal, governance, policy, regulatory, and/or technological issues crucial to the mission of the client organization - typically, a state department of education, school district, charter school organization, school-support or advocacy group, or other non-profit serving children. For more information, visit CPRL's website at: https://cprl.law.columbia.edu/content/program-overview Fall 2020 Description: This simulation course is one part of a three-part immersive semester in education law and policy taught at Columbia Law School, through its Center for Public Research and Leadership (CPRL). CPRL’s intensive, full-semester seminar and field placement immerses students in the theory and practice of managing, governing, and transforming the public systems and social-sector organizations that deliver public education in the U.S. and abroad. Hosted at Columbia, this experiential offering has three components: A comprehensive seminar in the design, governance, regulation, democratic accountability and transformation of P-12 school systems and allied public- and social-sector organizations Skills training in a range of twenty-first century problem-solving competencies, including working in diverse teams to address multi-dimensional problems; design thinking; taking full advantage of difference and diversity; collaborative inquiry; quantitative and qualitative analysis and measurement; organizational macro- and micro-design; project and product management; client-centered and policy-focused information gathering; and the presentation of professional advice to government and social-sector clients A high-priority, professionally guided consulting project on which an interdisciplinary team of graduate students provides design, strategic, planning, and/or implementation advice and support on matters that combine management, legal, governance, policy, regulatory, and/or technological issues crucial to the mission of the client organization - typically, a state department of education, school district, charter school organization, school-support or advocacy group, or other non-profit serving children. For more information, visit CPRL's website at: https://cprl.law.columbia.edu/content/program-overview Spring 2021 Description: This simulation course is one part of a three-part immersive semester in education law and policy taught at Columbia Law School, through its Center for Public Research and Leadership (CPRL). CPRL’s intensive, full-semester seminar and field placement immerses students in the theory and practice of managing, governing, and transforming the public systems and social-sector organizations that deliver public education in the U.S. and abroad. Hosted at Columbia, this experiential offering has three components: A comprehensive seminar in the design, governance, regulation, democratic accountability and transformation of P-12 school systems and allied public- and social-sector organizations Skills training in a range of twenty-first century problem-solving competencies, including working in diverse teams to address multi-dimensional problems; design thinking; taking full advantage of difference and diversity; collaborative inquiry; quantitative and qualitative analysis and measurement; organizational macro- and micro-design; project and product management; client-centered and policy-focused information gathering; and the presentation of professional advice to government and social-sector clients A high-priority, professionally guided consulting project on which an interdisciplinary team of graduate students provides design, strategic, planning, and/or implementation advice and support on matters that combine management, legal, governance, policy, regulatory, and/or technological issues crucial to the mission of the client organization - typically, a state department of education, school district, charter school organization, school-support or advocacy group, or other non-profit serving children. For more information, visit CPRL's website at: https://cprl.law.columbia.edu/content/program-overview. Applications are due November 2nd, and students may contact Kristen Holmquist with more information about the program and how to apply. Fall 2021 Description: This simulation course is one part of a three-part immersive semester in education law and policy taught at Columbia Law School, through its Center for Public Research and Leadership (CPRL). CPRL’s intensive, full-semester seminar and field placement immerses students in the theory and practice of managing, governing, and transforming the public systems and social-sector organizations that deliver public education in the U.S. and abroad. Hosted at Columbia, this experiential offering has three components: A comprehensive seminar in the design, governance, regulation, democratic accountability and transformation of P-12 school systems and allied public- and social-sector organizations Skills training in a range of twenty-first century problem-solving competencies, including working in diverse teams to address multi-dimensional problems; design thinking; taking full advantage of difference and diversity; collaborative inquiry; quantitative and qualitative analysis and measurement; organizational macro- and micro-design; project and product management; client-centered and policy-focused information gathering; and the presentation of professional advice to government and social-sector clients A high-priority, professionally guided consulting project on which an interdisciplinary team of graduate students provides design, strategic, planning, and/or implementation advice and support on matters that combine management, legal, governance, policy, regulatory, and/or technological issues crucial to the mission of the client organization - typically, a state department of education, school district, charter school organization, school-support or advocacy group, or other non-profit serving children. For more information, visit CPRL's website at: https://cprl.law.columbia.edu/content/program-overview. Applications are due April 23rd, and students may contact Kristen Holmquist with more information about the program and how to apply. Spring 2022 Description: This simulation course is one part of a three-part immersive semester in education law and policy taught at Columbia Law School, through its Center for Public Research and Leadership (CPRL). CPRL’s intensive, full-semester seminar and field placement immerses students in the theory and practice of managing, governing, and transforming the public systems and social-sector organizations that deliver public education in the U.S. and abroad. Hosted at Columbia, this experiential offering has three components: A comprehensive seminar in the design, governance, regulation, democratic accountability and transformation of P-12 school systems and allied public- and social-sector organizations Skills training in a range of twenty-first century problem-solving competencies, including working in diverse teams to address multi-dimensional problems; design thinking; taking full advantage of difference and diversity; collaborative inquiry; quantitative and qualitative analysis and measurement; organizational macro- and micro-design; project and product management; client-centered and policy-focused information gathering; and the presentation of professional advice to government and social-sector clients A high-priority, professionally guided consulting project on which an interdisciplinary team of graduate students provides design, strategic, planning, and/or implementation advice and support on matters that combine management, legal, governance, policy, regulatory, and/or technological issues crucial to the mission of the client organization - typically, a state department of education, school district, charter school organization, school-support or advocacy group, or other non-profit serving children. For more information, visit CPRL's website at: https://cprl.law.columbia.edu/content/program-overview. To apply, contact Kristen Holmquist. Fall 2022 Description: This simulation course is one part of a three-part immersive semester in education law and policy taught at Columbia Law School, through its Center for Public Research and Leadership (CPRL). CPRL’s intensive, full-semester seminar and field placement immerses students in the theory and practice of managing, governing, and transforming the public systems and social-sector organizations that deliver public education in the U.S. and abroad. Hosted at Columbia, this experiential offering has three components: A comprehensive seminar in the design, governance, regulation, democratic accountability and transformation of P-12 school systems and allied public- and social-sector organizations Skills training in a range of twenty-first century problem-solving competencies, including working in diverse teams to address multi-dimensional problems; design thinking; taking full advantage of difference and diversity; collaborative inquiry; quantitative and qualitative analysis and measurement; organizational macro- and micro-design; project and product management; client-centered and policy-focused information gathering; and the presentation of professional advice to government and social-sector clients A high-priority, professionally guided consulting project on which an interdisciplinary team of graduate students provides design, strategic, planning, and/or implementation advice and support on matters that combine management, legal, governance, policy, regulatory, and/or technological issues crucial to the mission of the client organization - typically, a state department of education, school district, charter school organization, school-support or advocacy group, or other non-profit serving children. For more information, visit CPRL's website at: a href=https://cprl.law.columbia.edu/content/program-overview https://cprl.law.columbia.edu/content/program-overview/a. To apply, contact Kristen Holmquist. Spring 2023 Description: This simulation course is one part of a three-part immersive semester in education law and policy taught at Columbia Law School, through its Center for Public Research and Leadership (CPRL). CPRL’s intensive, full-semester seminar and field placement immerses students in the theory and practice of managing, governing, and transforming the public systems and social-sector organizations that deliver public education in the U.S. and abroad. Hosted at Columbia, this experiential offering has three components: A comprehensive seminar in the design, governance, regulation, democratic accountability and transformation of P-12 school systems and allied public- and social-sector organizations Skills training in a range of twenty-first century problem-solving competencies, including working in diverse teams to address multi-dimensional problems; design thinking; taking full advantage of difference and diversity; collaborative inquiry; quantitative and qualitative analysis and measurement; organizational macro- and micro-design; project and product management; client-centered and policy-focused information gathering; and the presentation of professional advice to government and social-sector clients A high-priority, professionally guided consulting project on which an interdisciplinary team of graduate students provides design, strategic, planning, and/or implementation advice and support on matters that combine management, legal, governance, policy, regulatory, and/or technological issues crucial to the mission of the client organization - typically, a state department of education, school district, charter school organization, school-support or advocacy group, or other non-profit serving children. For more information, visit CPRL's website at: https://cprl.law.columbia.edu/content/program-overview. To apply, contact Kristen Holmquist. Fall 2023 Description: This simulation course is one part of a three-part immersive semester in education law and policy taught at Columbia Law School, through its Center for Public Research and Leadership (CPRL). CPRL’s intensive, full-semester seminar and field placement immerses students in the theory and practice of managing, governing, and transforming the public systems and social-sector organizations that deliver public education in the U.S. and abroad. Hosted at Columbia, this experiential offering has three components: A comprehensive seminar in the design, governance, regulation, democratic accountability and transformation of P-12 school systems and allied public- and social-sector organizations Skills training in a range of twenty-first century problem-solving competencies, including working in diverse teams to address multi-dimensional problems; design thinking; taking full advantage of difference and diversity; collaborative inquiry; quantitative and qualitative analysis and measurement; organizational macro- and micro-design; project and product management; client-centered and policy-focused information gathering; and the presentation of professional advice to government and social-sector clients A high-priority, professionally guided consulting project on which an interdisciplinary team of graduate students provides design, strategic, planning, and/or implementation advice and support on matters that combine management, legal, governance, policy, regulatory, and/or technological issues crucial to the mission of the client organization - typically, a state department of education, school district, charter school organization, school-support or advocacy group, or other non-profit serving children. For more information, visit CPRL's website at: https://cprl.law.columbia.edu/content/program-overview. To apply, contact Kristen Holmquist. Spring 2024 Description: This simulation course is one part of a three-part immersive semester in education law and policy taught at Columbia Law School, through its Center for Public Research and Leadership (CPRL). CPRL’s intensive, full-semester seminar and field placement immerses students in the theory and practice of managing, governing, and transforming the public systems and social-sector organizations that deliver public education in the U.S. and abroad. Hosted at Columbia, this experiential offering has three components: A comprehensive seminar in the design, governance, regulation, democratic accountability and transformation of P-12 school systems and allied public- and social-sector organizations Skills training in a range of twenty-first century problem-solving competencies, including working in diverse teams to address multi-dimensional problems; design thinking; taking full advantage of difference and diversity; collaborative inquiry; quantitative and qualitative analysis and measurement; organizational macro- and micro-design; project and product management; client-centered and policy-focused information gathering; and the presentation of professional advice to government and social-sector clients A high-priority, professionally guided consulting project on which an interdisciplinary team of graduate students provides design, strategic, planning, and/or implementation advice and support on matters that combine management, legal, governance, policy, regulatory, and/or technological issues crucial to the mission of the client organization - typically, a state department of education, school district, charter school organization, school-support or advocacy group, or other non-profit serving children. For more information, visit CPRL's website at: https://cprl.law.columbia.edu/content/program-overview. To apply, contact Kristen Holmquist. Fall 2024 Description: This simulation course is one part of a three-part immersive semester in education law and policy taught at Columbia Law School, through its Center for Public Research and Leadership (CPRL). CPRL’s intensive, full-semester seminar and field placement immerses students in the theory and practice of managing, governing, and transforming the public systems and social-sector organizations that deliver public education in the U.S. and abroad. Hosted at Columbia, this experiential offering has three components: A comprehensive seminar in the design, governance, regulation, democratic accountability and transformation of P-12 school systems and allied public- and social-sector organizations Skills training in a range of twenty-first century problem-solving competencies, including working in diverse teams to address multi-dimensional problems; design thinking; taking full advantage of difference and diversity; collaborative inquiry; quantitative and qualitative analysis and measurement; organizational macro- and micro-design; project and product management; client-centered and policy-focused information gathering; and the presentation of professional advice to government and social-sector clients A high-priority, professionally guided consulting project on which an interdisciplinary team of graduate students provides design, strategic, planning, and/or implementation advice and support on matters that combine management, legal, governance, policy, regulatory, and/or technological issues crucial to the mission of the client organization - typically, a state department of education, school district, charter school organization, school-support or advocacy group, or other non-profit serving children. For more information, visit CPRL's website at: https://cprl.law.columbia.edu/content/program-overview. To apply, contact Kristen Holmquist. Spring 2025 Description: This simulation course is one part of a three-part immersive semester in education law and policy taught at Columbia Law School, through its Center for Public Research and Leadership (CPRL). CPRL’s intensive, full-semester seminar and field placement immerses students in the theory and practice of managing, governing, and transforming the public systems and social-sector organizations that deliver public education in the U.S. and abroad. Hosted at Columbia, this experiential offering has three components: A comprehensive seminar in the design, governance, regulation, democratic accountability and transformation of P-12 school systems and allied public- and social-sector organizations Skills training in a range of twenty-first century problem-solving competencies, including working in diverse teams to address multi-dimensional problems; design thinking; taking full advantage of difference and diversity; collaborative inquiry; quantitative and qualitative analysis and measurement; organizational macro- and micro-design; project and product management; client-centered and policy-focused information gathering; and the presentation of professional advice to government and social-sector clients A high-priority, professionally guided consulting project on which an interdisciplinary team of graduate students provides design, strategic, planning, and/or implementation advice and support on matters that combine management, legal, governance, policy, regulatory, and/or technological issues crucial to the mission of the client organization - typically, a state department of education, school district, charter school organization, school-support or advocacy group, or other non-profit serving children. For more information, visit CPRL's website at: https://cprl.law.columbia.edu/content/program-overview. To apply, contact Sue Schechter, Field Placement Director, sschechter@law.berkeley.edu and fieldplacementprogrm@law.berkeley.edu. If you are interested in the spring semester, contact the Field Placement Program, fieldplacementprogram@law.berkeley.edu as soon as possible. |
| Law 221.74 Movement Lawyering from the Inside Out 1 Units |
| Fall 2020: Remote due to COVID Spring 2021: Remote due to COVID Spring 2022: In-Person Spring 2023: In-Person Instruction |
| Description: Fall 2020 Description: Berkeley Law students can meet this incredibly challenging moment in U.S. history with skill and heart. The police killings of Black and brown people; environmental racism, vigilante violence against transgender people, threats to reproductive justice, economic injustice, and many other issues call on lawyers to support the resistance movements already happening in communities around the country. This is “movement lawyering”-- a modern way of lawyering that purposefully places attorneys in service of the grassroots communities already doing the work. Movement lawyering rejects the “top-down” approach that has historically put attorneys in leadership positions and ignored the knowledge, desires, and work of the people most impacted by an issue. Successful movement lawyering is personal: it requires us to think critically about our identities so that we can connect with and be led by the communities we hope to serve. It requires that we examine how our privileges may bias us against these same communities, and how our identities can also be deep sources of empathy and kindness This process often means identifying and beginning to unravel some of the “isms” we’ve internalized (racism, ableism, etc.). In this class, we’ll talk about race, class, nationality, (dis)ability, and more. We’ll meet prominent movement lawyers and activists and learn how they’ve explored, unpacked, challenged, and liberated themselves in order to help the communities they serve self-liberate, too. This course includes short readings, guest speakers, written reflections and discussion, and a 5-8 page final reflection paper. This class is among the special Fall 2020 1L elective seminars designed to give entering 1Ls an extra opportunity to form connections despite our remote form of interaction. In light of that goal, these classes will expect real-time attendance and may not be recorded. These classes will all be graded on a Credit/No Credit basis and total written work requirement will be no more than 8 double-spaced pages. Spring 2021 Description: Berkeley Law students can meet this incredibly challenging moment in U.S. history with skill and heart. The police killings of Black and brown people; environmental racism, vigilante violence against transgender people, threats to reproductive justice, economic injustice, and many other issues call on lawyers to support the resistance movements already happening in communities around the country. This is “movement lawyering”-- a modern way of lawyering that purposefully places attorneys in service of the grassroots communities already doing the work. Movement lawyering rejects the “top-down” approach that has historically put attorneys in leadership positions and ignored the knowledge, desires, and work of the people most impacted by an issue. Successful movement lawyering is personal: it requires us to think critically about our identities so that we can connect with and be led by the communities we hope to serve. It requires that we examine how our privileges may bias us against these same communities, and how our identities can also be deep sources of empathy and kindness This process often means identifying and beginning to unravel some of the “isms” we’ve internalized (racism, ableism, etc.). In this class, we’ll talk about race, class, nationality, (dis)ability, and more. We’ll meet prominent movement lawyers and activists and learn how they’ve explored, unpacked, challenged, and liberated themselves in order to help the communities they serve self-liberate, too. This course includes short readings, guest speakers, written reflections and discussion, and a 5-8 page final reflection paper. Spring 2022 Description: Berkeley Law students can meet this challenging moment in U.S. history with skill and heart. The police killings of Black and brown people, environmental racism, vigilante violence against transgender people, threats to reproductive justice, economic injustice, and many other issues call on lawyers to support the resistance movements already happening in communities around the country. This is “movement lawyering”-- a modern way of lawyering that purposefully places attorneys in service of the grassroots communities already doing the work. Movement lawyering rejects the “top-down” approach that has historically put attorneys in leadership positions and ignored the knowledge, desires, and work of the people most impacted by an issue. Successful movement lawyering is personal: it requires us to think critically about our identities so that we can connect with and be led by the communities we hope to serve. It requires that we examine how our privileges may bias us against these same communities, and how our identities can also be deep sources of empathy and kindness. This process often means identifying and beginning to unravel some of the “isms” we’ve internalized (racism, ableism, etc.). In this class, we’ll talk about race, class, nationality, (dis)ability, and more. We’ll meet prominent movement lawyers and activists and learn how they’ve explored, unpacked, challenged, and liberated themselves in order to help the communities they serve self-liberate, too. This course includes short readings, guest speakers, written reflections and discussion, and a 5-8 page final reflection paper. Spring 2023 Description: empty |
| Law 221.75 From Social Movement to Legal Change 1 Units |
| Fall 2020: Remote due to COVID |
| Description: Fall 2020 Description: Emergent social movements often aim to produce some form of legal change. But translating the energy and claims-making of mass mobilizations into proposals that can be implemented through law or policy has proven to be challenging. How does a social movement with a decentralized structure formulate proposals for change? How does a large or heterogeneous movement decide whose injuries or narratives should be prioritized as it approaches legal institutions? How do groups produce meaningful change within institutions structured by the very assumptions that movements have sought to challenge? We will examine these and other questions by looking at examples from three recent social movements: the Movement for Black Lives, #MeToo, and the Immigrant Rights Movement. This course has been scheduled for these dates: August 19, September 9, September 30, October 7, October 14, October 28, November 4 and November 18. To allow for a makeup class because of unforeseen circumstances this course has an automatic make-up class scheduled. Students must be able to attend all 8 scheduled meetings to earn credit. This class is among the special Fall 2020 1L elective seminars designed to give entering 1Ls an extra opportunity to form connections despite our remote form of interaction. In light of that goal, these classes will expect real-time attendance and may not be recorded. These classes will all be graded on a Credit/No Credit basis and total written work requirement will be no more than 8 double-spaced pages. |
| Law 221.76 The Legal Politics of Campus Protests 2 Units |
| Spring 2025: In-Person |
| Description: Spring 2025 Description: We live in tumultuous, divisive, dangerous, and uncertain times. Academia is roiled by controversies about human rights, war, freedom of speech, racism, anti-Semitism, investment policies, and authoritarianism. University presidents are under political attack; faculty grapple with how to handle controversial debates in the classroom; ideas (such as Critical Race Theory and Settler Colonialism) have become the subject of legislation and lawsuits; and students have been caught up in a web of disciplinary systems. Moreover, the role of protests in academia has become intertwined with national and local politics. This seminar will combine a discussion of historical and contemporary texts with research projects. We will review some of the literature from the 1970s when debates about campus protests permeated cultural politics; and read primary documents associated with debates about free speech and protest at universities during the last year. Students will be required to develop a research paper that explores doctrinal, empirical, or cultural aspects of events that have taken place at Berkeley or other universities. We will encourage research papers that address significant issues: How is power organized and applied in academia? How do universities prescribe the parameters of protest? How does a university’s complex disciplinary system work? What roles do campus and other police play in the disciplining of protest? How does national politics shape the legal politics of campus protest? How do protest movements on campus address, respond to, and challenge disciplinary and policing actions? |
| Law 221.8 Statutory Implementation: Agency Policymaking through Regulation 1 Units |
| Spring 2020: Remote due to COVID Fall 2021: In-Person Fall 2022: In-Person Fall 2023: In-Person |
| Description: Spring 2020 Description: Much of first-year law school aims to give students an appreciation for how common law evolves and the central role that courts play. However, administrative agencies play a far greater role in shaping today's society through statutory implementation. The goal of this course is to give students insight into the critical work of these agencies. Specifically, the course is designed to provide students with an understanding of how agencies can create wide-ranging policies through their rulemakings and how those regulations impact everyday life. Thus, the emphasis will be on an agency’s legislative role (i.e., we will not be covering an agency’s adjudicative or enforcement functions). This course will provide students with an opportunity to gain fundamental lawyering skills in drafting and negotiating regulatory language in any area of law. To give students practical rulewriting experience, however, the course is grounded in consumer financial services and those laws governing the student loan servicing industry. I will teach this course against the backdrop of the Consumer Financial Protection Bureau’s rulemaking authority under Title X of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010. Students will learn how to write regulations that address existing student loan servicing problems. But because the rulemaking process does not happen in a vacuum, policy and politics will play a role. Students will gain insight into the practical constraints of drafting regulations under this administration’s deregulatory focus. Class will meet for the first 7 weeks of the semester only (Except for the Monday Holidays). Fall 2021 Description: Much of first-year law school aims to provide students with an understanding for how common law evolves and the central role that courts play in governing society. Unless students take advanced courses in Public Law & Policy such as Administrative Law, they may graduate with the impression that the judicial system is best equipped to resolve societal problems and address public policy concerns. That is not necessarily the case. To be sure, even Administrative Law fails to provide a complete picture. It is taught using judicial opinions, again casting courts in the lead role. There is little focus on the inner workings of the modern administrative state and the increasing role agencies play in shaping today’s society. Tasked with implementing Congress’ statutory programs, administrative agencies impact everyday life when setting forth the scope of the rights and responsibilities of affected individuals under any given statute. The goal of this seminar is to provide students with insight into what happens after a bill becomes legislation and how an agency implements the statute using its quasi- legislative, executive, and judicial powers. Students will gain an understanding that statutory implementation inevitably results in agencies conducting some level of policymaking. Even the mere choice of selecting which statutory tool (e.g., guidance document or notice and comment rulemaking) can create wide-ranging policies. While the course introduces students to the panoply of administrative powers, the focus will be on agency rulemaking. This course will provide students with an opportunity to gain fundamental lawyering skills in drafting and negotiating regulatory language in any area of law. To give students practical rule writing experience, the course will focus on student loans and will be taught against the backdrop of the Consumer Financial Protection Bureau’s authority under Title X of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010. Specifically, students will learn how to draft regulations that address an existing student loan servicing problem. But because agencies do not operate in a vacuum, we will discuss politics and how the party that controls the political branches determines the level of agency policymaking. At the end of this course, students will have developed a more informed view on the appropriate role of the modern administrative state. Before the first class, students should read the following. · “D.C. Circuit Review - Reviewed: ‘I vote for Chenery I, not Chenery II,’” a blog post from Yale Journal on Regulation. · Sections of the complaint in CFPB v. Navient pertaining to alleged payment processing errors (¶¶ 97-112, 134-137, and 166-171). The exam is a final paper containing parts of a draft regulation addressing payments processing. Class will meet for the first 7 weeks of the semester only. Fall 2022 Description: Much of first-year law school aims to provide students with an understanding for how common law evolves and the central role that courts play in governing society. Unless students take advanced courses in Public Law & Policy such as Administrative Law, they may graduate with the impression that the judicial system is best equipped to resolve societal problems and address public policy concerns. That's not necessarily the case. To be sure, even Administrative Law fails to provide a complete picture. It is taught using court opinions, again casting judges in the lead role. There is little focus on the inner workings of the modern administrative state that is tasked with implementing Congress’ statutory programs. With emerging technologies presenting intractable problems (e.g., consumer privacy), understanding how agencies inform affected parties of the scope of their rights and responsibilities under a statute is critical to providing clients strategic advice that furthers their goals. This seminar's objective is to provide students with insight into what happens after a bill becomes law and how an agency's enabling statute establishes the scope of its quasi- legislative, executive, and judicial powers. Students will decide for themselves whether statutory implementation inevitably results in policymaking. Does the mere choice of selecting a regulatory tool⏤for example, bringing an enforcement action or conducting a notice and comment rulemaking⏤reflect a policy decision? My goal in designing this class is for students to have the opportunity to develop a more informed view about the modern administrative state by giving the lead role to the agency attorneys who advise on actions an agency may (or should) take. While the course introduces students to the panoply of administrative powers, it centers on rulemaking. This course provides students with an opportunity to gain fundamental lawyering skills in drafting and negotiating regulatory language in any area of law. To give students practical rule writing experience, the course will focus on student loans and will be taught against the backdrop of the Consumer Financial Protection Bureau’s authority under Title X of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010. Specifically, students will learn how to draft regulations that address an existing student loan servicing problem. But because agencies do not operate in a vacuum, we will discuss politics and how the party in control of the political branches impacts which regulatory tools are more often used. Before the first class, students should read the following. · a href=https://www.yalejreg.com/nc/d-c-circuit-review-reviewed-i-vote-for-chenery-i-not-chenery-ii/“D.C. Circuit Review - Reviewed: ‘I vote for Chenery I, not Chenery II,’”/a a blog post from Yale Journal on Regulation. · Sections of the complaint in a href=https://files.consumerfinance.gov/f/documents/201701_cfpb_Navient-Pioneer-Credit-Recovery-complaint.pdfCFPB v. Navient/a pertaining to alleged payment processing errors (97-112, 134-137, and 166-171). The exam is a final paper containing parts of a draft regulation addressing payments processing. Class will meet for the first 7 weeks of the semester only. There will be a make-up class held on Friday, August 26th from 2:30PM-4:20PM Fall 2023 Description: Much of first-year law school aims to provide students with an understanding for how common law evolves and the central role that courts play in governing society. Unless students take advanced courses in Public Law & Policy such as Administrative Law, they may graduate with the impression that the judicial system is best equipped to resolve societal problems and address public policy concerns. That's not necessarily the case. To be sure, even Administrative Law fails to provide a complete picture. It is taught using court opinions, again casting judges in the lead role. There is little focus on the inner workings of the modern administrative state that is tasked with implementing Congress’ statutory programs. With emerging technologies presenting intractable problems (e.g., privacy), understanding how agencies inform affected parties of the scope of their rights and responsibilities under a statute is critical to providing clients strategic advice. Students taking this course will gain insight into regulatory agencies: what happens after a bill becomes law and how an agency's enabling statute establishes the scope of its quasi- legislative, executive, and judicial powers. Critics of the modern administrative state argue that agencies are too powerful without accountability, often because Congress has unconstitutionally delegated its authority. Because students will have the opportunity to work on pending federal bills, they will be uniquely positioned to decide for themselves whether statutory implementation inevitably results in policymaking. Does the mere choice of selecting a regulatory tool⏤for example, bringing an enforcement action versus conducting a notice and comment rulemaking⏤reflect a policy decision? My goal in designing this class is for students to develop a more informed view about the modern administrative state by giving the starring role to the agency attorneys who advise on actions a regulator may (or should) take. While students will gain fundamental lawyering skills in drafting and negotiating legislative and regulatory language applicable to any area of law, the seminar centers on privacy law and consumer protection. Additionally, the course introduces the panoply of administrative powers, but will largely focus on rulemaking authority. To ensure that students gain rule writing experience, the final assignment is to draft a student loan servicing regulation that implements the prohibition against unfair, deceptive, or abusive acts or practices in Title X of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010. Please note that because agencies do not operate in a vacuum, we will discuss current politics at the federal level and explore the differences in how the two political parties use regulatory tools. Class will meet for the first 7 weeks of the semester only. There will be a make-up class held on Friday, September 15th, at 2:30pm. |
| Law 221.81 Student Loan Law 2 Units |
| Spring 2020: Remote due to COVID Spring 2021: Remote due to COVID Spring 2022: In-Person Spring 2023: In-Person Spring 2024: In-Person Instruction Spring 2025: In-Person |
| Description: Spring 2020 Description: If you're a Berkeley student, chances are overwhelming that you're taking out loans to pay for school. These days most people in the U.S. - roughly 7 in 10 students - leave post-high school education with debt. But do you know your legal rights as a student loan borrower? In this course, students will develop a solid foundation in student loan law that helps them understand their own loans. The course will also cover ongoing litigation and policy developments at the state and federal level that touch on student debt. Consumer protection, administrative procedure and federal preemption will all be discussed along the way. *** Suzanne Martindale is a proud Berkeley alum who is thrilled to be teaching this course for the second year in a row. Off campus, as Senior Policy Counsel & Western States Legislative Manager for the nonprofit organization Consumer Reports, Suzanne engages in policy advocacy on a range of consumer finance and economic justice issues. She lobbies frequently before the California Legislature and has served on several rulemaking committees at the U.S. Department of Education to urge stronger protections for student borrowers. She is also a Fellow at the Student Borrower Protection Center. Suzanne received her J.D. from Berkeley Law in 2010; M.A. in the Humanities from The University of Chicago in 2005; and B.A. in Philosophy from UC Berkeley in 2003. (Oh and she has student loans, too - so feel free to ask her about her own experience repaying them.) Spring 2021 Description: If you're a Berkeley student, chances are overwhelming that you're taking out loans to pay for school. These days most people in the U.S. - roughly 7 in 10 students - leave post-high school education with debt. The debt burdens fall disproportionately on women and people of color, exacerbating inequities in our society and creating barriers to building family wealth. How did the promise of higher education turn into a mountain of debt? And what can we do to fix it? In this course, students will develop a solid foundation in student loan law that helps them understand their own loans. The course will also cover ongoing litigation and policy developments at the state and federal level that touch on student debt. Economic justice, administrative procedure, consumer protection and federal preemption will all be discussed along the way. This course will have a series of written assingments. *** Suzanne Martindale is a proud Berkeley alum who is thrilled to be teaching this course for the third year in a row. Off campus, as Senior Policy Counsel & Western States Legislative Manager for the nonprofit organization Consumer Reports, Suzanne engages in policy advocacy on a range of consumer finance and economic justice issues. She lobbies frequently before the California Legislature and has served on several rulemaking committees at the U.S. Department of Education to urge stronger protections for student borrowers. She is also a Fellow at the Student Borrower Protection Center. Suzanne received her J.D. from Berkeley Law in 2010; M.A. in the Humanities from The University of Chicago in 2005; and B.A. in Philosophy from UC Berkeley in 2003. (Oh and she has student loans, too - so feel free to ask her about her own experience repaying them.) Spring 2022 Description: If you're a Berkeley student, chances are overwhelming that you're taking out loans to pay for school. These days most people in the U.S. - roughly 7 in 10 students - leave post-high school education with debt. The debt burdens fall disproportionately on women and people of color, exacerbating inequities in our society and creating barriers to building family wealth. How did the promise of higher education turn into a mountain of debt? And what can we do to fix it? In this course, students will develop a solid foundation in student loan law that helps them understand their own loans. The course will also cover ongoing litigation and policy developments at the state and federal level that touch on student debt. Economic justice, administrative procedure, consumer protection and federal preemption will all be discussed along the way. This course will have a series of written assignments. *** Suzanne Martindale is a proud Berkeley Law alum who is thrilled to be teaching this course. Off campus, Suzanne serves as Senior Deputy Commissioner at the California Department of Financial Protection & Innovation (DFPI), the state's financial regulator. DFPI licenses and regulates banks and credit unions as well as a wide range of non-bank products and services, including student loan servicers and private education finance providers. Suzanne runs the new Consumer Financial Protection Division, which is dedicated to expanding oversight of the financial industry to protect vulnerable communities. Suzanne received her J.D. from Berkeley Law in 2010; M.A. in the Humanities from The University of Chicago in 2005; and B.A. in Philosophy from UC Berkeley in 2003. (Oh and she just got PSLF - so feel free to ask her about her own experience repaying her loans!) Spring 2023 Description: If you're a Berkeley student, chances are overwhelming that you're taking out loans to pay for school. These days, roughly 7 in 10 students nationwide leave post-high school education with debt. The debt burdens fall disproportionately on people who identify as low-income, female and/or people of color - exacerbating inequities in our society and creating barriers to building family wealth. The federal government has taken extraordinary steps in the past few years to provide short-term relief to people during the COVID-19 pandemic; however, serious questions remain as to how lawmakers can create a fairer and more durable financial aid system in the long term. How did the promise of higher education turn into a mountain of debt? And what can we do to fix it? In this course, students will develop a solid foundation in student loan law that helps them understand their own loans. The course will also cover ongoing litigation and policy developments at the state and federal level that touch on student debt. Economic justice, administrative procedure, consumer protection and federal preemption will all be discussed along the way. This course will have a series of short written assignments. *** Suzanne Martindale is a proud Berkeley Law alum who is thrilled to be teaching this course. Off campus, Suzanne serves as Senior Deputy Commissioner at the California Department of Financial Protection & Innovation (DFPI), the state's financial regulator. DFPI licenses and regulates banks and credit unions as well as a wide range of other financial companies, including student loan servicers and debt collectors among many others. Suzanne runs the DFPI's Consumer Financial Protection Division, which is dedicated to increasing oversight of the financial industry to protect vulnerable communities. Suzanne received her J.D. from Berkeley Law in 2010; M.A. in the Humanities from The University of Chicago in 2005; and B.A. in Philosophy from UC Berkeley in 2003. (Oh and she made it through PSLF - so feel free to ask her about her own experience repaying her student loans!) Spring 2024 Description: empty Spring 2025 Description: If you're a Berkeley student, there's a good chance you're taking out loans to help pay for school. Every year, roughly 7 in 10 students nationwide leave post-high school education with debt. The debt burdens affect everyone but fall disproportionately on people who identify as low-income, female and/or people of color, exacerbating inequities in our society and creating barriers to building generational wealth. In recent years, the federal student loan system has become mired in confusion and controversy, particularly as the Biden Administration has been sued over efforts to reduce payments and provide debt relief. Amid all this uncertainty, people with student loans are wondering what their rights are - and serious questions remain as to how policymakers can create a fairer system in the long term. So how did the promise of higher education turn into a mountain of debt? And what can we do to fix it? In this course, students will develop an understanding of the legal framework that governs their loans. The course will also cover ongoing litigation and policy developments at the state and federal level that touch on student debt. Administrative law and procedure, consumer protection, federal preemption and economic justice will all be discussed along the way. This course will have three short written assignments. *** Suzanne Martindale is a proud Berkeley Law alum who is honored to be teaching this course again. Off campus, Suzanne serves as Senior Deputy Commissioner for the California Department of Financial Protection & Innovation (DFPI), the state's financial regulator. The DFPI oversees state-chartered banks and credit unions, mortgage lenders, student loan servicers, debt collectors, and "fintech" companies among others. Suzanne is in charge of the DFPI's Consumer Financial Protection Division, which is dedicated to identifying emerging trends and increasing oversight of the financial industry to protect California communities. Suzanne received her J.D. from Berkeley Law in 2010; M.A. in the Humanities from The University of Chicago in 2005; and B.A. in Philosophy from UC Berkeley in 2003. (P.S. and she got her loans canceled through the Public Service Loan Forgiveness program - so feel free to ask her about her own experience repaying her student loans!) |
| Law 222 Federal Courts 5 Units |
| Spring 2020: Remote due to COVID Fall 2020: Remote due to COVID Spring 2021: Remote due to COVID Fall 2021: In-Person Spring 2022: In-Person Fall 2022: In-Person Spring 2023: In-Person Fall 2023: In-Person Spring 2024: In-Person Fall 2024: In-Person Spring 2025: In-Person |
| Description: Spring 2020 Description: This course studies the role of the federal courts in the federal system. This is an advanced course in public law, judicial administration, and constitutional law. The course will cover the following topics (among others): the power of Congress to regulate the jurisdiction of the Supreme Court, lower federal courts and state courts; non-Article III courts; the case or controversy requirement; doctrines of sovereign and individual immunity; choice of law in the federal courts and federal common law; Supreme Court review of state court judgments; collateral federal habeas corpus review of state criminal convictions; and the Suspension Clause and related issues from the War on Terrorism. NOTE: In this class, the usual provisions of Add/Drop do not apply. All interested students, whether enrolled or on the waitlist, must attend the first class in order to be admitted. Any student who does not attend the first class without prior permission of the instructor will be dropped from the class and the waitlist. No additional students will be permitted to add the course. Fall 2020 Description: The course will focus on the constitutional and statutory provisions defining the role of the federal courts in the American system of government. In considering the functions and duties of the federal courts, the course will examine the relationship of the federal courts both to the states and to the other branches of the federal government. Emphasis will be placed on understanding the implications of federal courts doctrines for the underlying principles of separation of powers and federalism. Specifically, the course material will be divided into three sections. Section one will examine the constitutional and statutory limits on the federal judicial power. Section two will focus on federal court relief against government and government officers. Section three will consider the circumstances and conditions under which federal courts may review state court judgments and proceedings. Spring 2021 Description: This course examines the role of the federal and state courts in the federal system. This is an advanced course in constitutional law, civil procedure, and choice of law. The course will cover the following topics: the case or controversy requirement (standing, mootness, ripeness, political question, advisory opinions); the power of Congress to regulate the jurisdiction of the Supreme Court, lower federal courts, and (indirectly) state courts; non-Article III courts; Supreme Court review of state court judgments; section 1983 civil rights suits; equitable abstention; a one class lecture and question-and-answer session with District Judge (ret.) Thelton Henderson; and, time permitting, a one class lecture on federal habeas corpus for state prisoners. Fall 2021 Description: The course will focus on the constitutional and statutory provisions defining the role of the federal courts in the American system of government. In considering the functions and duties of the federal courts, the course will examine the relationship of the federal courts both to the states and to the other branches of the federal government. Emphasis will be placed on understanding the implications of federal courts doctrines for the underlying principles of separation of powers and federalism. Specifically, the course material will be divided into three sections. Section one will examine the constitutional and statutory limits on the federal judicial power. Section two will focus on federal court relief against government and government officers. Section three will consider the circumstances and conditions under which federal courts may review state court judgments and proceedings. Spring 2022 Description: This course examines the role of the federal and state courts in the federal system. This is an advanced course in constitutional law, civil procedure, and choice of law. The course will cover the following topics: the case or controversy requirement (standing, mootness, ripeness, political question, advisory opinions); the power of Congress to regulate the jurisdiction of the Supreme Court, lower federal courts, and (indirectly) state courts; non-Article III courts; Supreme Court review of state court judgments; section 1983 civil rights suits; equitable abstention; a one class lecture and question-and-answer session with District Judge (ret.) Thelton Henderson; and, time permitting, a one class lecture on federal habeas corpus for state prisoners. Fall 2022 Description: This course studies the role of the federal courts in the federal system. This is an advanced course in public law, judicial administration, and constitutional law. The course will cover the following topics (among others): the power of Congress to regulate the jurisdiction of the Supreme Court and lower federal courts; non-Article III courts; the case or controversy requirement; doctrines of sovereign and individual immunity; choice of law in the federal courts and federal common law; Supreme Court review of state court judgments; federal habeas corpus; the relationship between the federal and state courts; the Suspension Clause, and how courts function during wartime. Spring 2023 Description: Federal Courts is a combination of Constitutional Law, Civil Procedure, and legal history. The course covers questions of justiciability (Article III subject matter jurisdiction---standing, ripeness, mootness and political question); the relationship between the federal courts and Congress; the role of the Supreme Court in reviewing decisions of the state courts; and the relationship between the federal and state courts. The casebook is the classic Hart & Wechsler's The Federal Courts and the Federal System. In its original edition, the casebook was a celebrated product of the Legal Process school, with an overlay of Justice Frankfurter. Though the casebook has changed over the years, it retains some of its original character. Fall 2023 Description: Federal Courts is a combination of Constitutional Law, Civil Procedure, and legal history. The course covers questions of justiciability (Article III subject matter jurisdiction---standing, ripeness, mootness and political question); the relationship between the federal courts and Congress; the role of the Supreme Court in reviewing decisions of the state courts; and the relationship between the federal and state courts. The casebook is the classic Hart & Wechsler's The Federal Courts and the Federal System. Spring 2024 Description: This course studies the role of the federal courts in the federal system. This is an advanced course in public law, judicial administration, and constitutional law. The course will cover the following topics (among others): the power of Congress to regulate the jurisdiction of the Supreme Court and lower federal courts; non-Article III courts; the case or controversy requirement; doctrines of sovereign and individual immunity; choice of law in the federal courts and federal common law; Supreme Court review of state court judgments; federal habeas corpus; the relationship between the federal and state courts; the Suspension Clause, and the role of courts in times of emergency. Fall 2024 Description: Federal Courts is a combination of Constitutional Law, Civil Procedure, and legal history. The course covers questions of justiciability (Article III subject matter jurisdiction---standing, ripeness, mootness and political question); the relationship between the federal courts and Congress; the role of the Supreme Court in reviewing decisions of the state courts; and the relationship between the federal and state courts. The casebook is the classic Hart & Wechsler's The Federal Courts and the Federal System. Spring 2025 Description: Federal Courts is a course about the development of rules and principles of federal jurisdiction, judicial review, federalism, and the separation of powers. The doctrines of federal courts law not only set boundaries on judicial review and the enforcement of rights, but also shape the powers of the other branches of the federal government as well as those of the states and Native nations. This course will place federal courts doctrines in their historical and contemporary contexts, exploring the social and political circumstances that have shaped the field. We will, in short, learn the doctrines and the contexts of federal courts law. |
| Law 222.12 Whistleblower Law: Deterring Fraud Against the Government 2 Units |
| Spring 2020: Remote due to COVID Fall 2021: Remote due to COVID Fall 2022: In-Person Instruction Spring 2024: In-Person |
| Description: Spring 2020 Description: This course will examine federal laws that incentivize whistleblowers to provide information and assist in the enforcement of laws prohibiting fraud on the government, securities and commodity frauds, and tax fraud. This will include study of the federal False Claims Act - the Government’s primary law enforcement mechanism for prosecuting frauds against the Government and its unique “qui tam” provisions which authorize private citizens to participate in that effort and offer a reward for successfully pursuing a case on the Government’s behalf. The False Claims Act was substantially revised in 1986 to address modern problems of fraud against the Government. Since 1986, the Government has recovered over $50 billion as a result of cases initiated by private citizens. The course will also study the SEC and CFTC whistleblower programs, established through the Dodd-Frank Act of 2010. Current trends and developing case law in these programs will be examined, and we will undertake a detailed comparison of these models to the False Claims Act’s qui tam provisions. Finally, we will look at the Internal Revenue Code’s reward system for reporting tax fraud. The course will be taught predominantly through simulated problems, based on composites of actual cases, with occasional guest speakers from private practice and the government offering their perspectives on how they would approach the problems. By using these simulated problems, students will gain professional practice skills, including drafting, negotiating, and client representation. Students will work on a final project involving analyzing and proposing solutions to a current policy issue. The instructors are Claire Sylvia and Erika Kelton (Boalt '87), partners in the law firm of Phillips & Cohen LLP, which represents whistleblowers in False Claims Act, SEC, CFTC and IRS matters. Fall 2021 Description: This course will examine federal laws that incentivize whistleblowers to provide information and assist in the enforcement of laws prohibiting fraud on the government, securities and commodity frauds, and tax fraud. This will include study of the federal False Claims Act - the Government’s primary law enforcement mechanism for prosecuting frauds against the Government and its unique “qui tam” provisions which authorize private citizens to participate in that effort and offer a reward for successfully pursuing a case on the Government’s behalf. The False Claims Act was substantially revised in 1986 to address modern problems of fraud against the Government. Since 1986, the Government has recovered over $50 billion as a result of cases initiated by private citizens. The course will also study the SEC and CFTC whistleblower programs, established through the Dodd-Frank Act of 2010. Current trends and developing case law in these programs will be examined, and we will undertake a detailed comparison of these models to the False Claims Act’s qui tam provisions. In addition, we will look at the Internal Revenue Code’s reward system for reporting tax fraud. The course will be taught predominantly through simulated problems, based on composites of actual cases, with occasional guest speakers from private practice and the government offering their perspectives on how they would approach the problems. By using these simulated problems, students will gain professional practice skills, including drafting, negotiating, and client representation. Students will work on a final project involving analyzing and proposing solutions to a current policy issue. The instructors are Claire Sylvia and Erika Kelton (Berkeley Law '87), partners in the law firm of Phillips & Cohen LLP, which represents whistleblowers in False Claims Act, SEC, CFTC and IRS matters. Fall 2022 Description: empty Spring 2024 Description: Whistleblower Law: Deterring Fraud Against the Government, Taxpayers, and Investors This course will examine federal laws that incentivize whistleblowers to provide information and assist in the enforcement of laws prohibiting fraud on the Government, securities and commodity frauds, money laundering, and tax fraud. This will include study of the federal False Claims Act (FCA”) - the Government’s primary law enforcement mechanism for prosecuting frauds against the Government and its unique “qui tam” provisions which authorize private citizens to participate in that effort and offer a reward for successfully pursuing a case on the Government’s behalf. The FCA was substantially revised in 1986 to address modern problems of fraud against the Government. Since 1986, the Government has recovered over $72 billion as a result of cases initiated by private citizens. Cases brought under this law often involve heavily litigated issues of statutory interpretation and procedural challenges, with the Supreme Court addressing one or more cases under the FCA almost every Term in recent years, including two foundational cases last Term. The course will also study the SEC and CFTC whistleblower programs, established through the Dodd-Frank Act of 2010, as well as the new Anti-Money Laundering whistleblower program. Current trends and developing case law in these programs will be examined, and we will undertake a detailed comparison of these models to the False Claims Act’s qui tam provisions. In addition, we will look at the Internal Revenue Code’s reward system for reporting tax fraud. The course will also examine the anti-retaliation protections these programs provide. The course will be taught predominantly through simulated problems, based on composites of actual cases, with occasional guest speakers from private practice and the Government offering their perspectives on how they would approach the problems. By using these simulated problems, students will gain professional practice skills, including drafting, negotiating, and client representation. Students will work on a final project involving analyzing and proposing solutions to a current policy issue. The instructors are Claire Sylvia and Erika Kelton (Berkeley Law '87), partners in the law firm of Phillips & Cohen LLP, which represents whistleblowers in False Claims Act, SEC, CFTC, AML, and IRS matters. |
| Law 222.13 Colloquium on the Court and Judicial Process 2 Units |
| Spring 2020: Remote due to COVID Spring 2022: In-Person Spring 2024: In-Person |
| Description: Spring 2020 Description: Many scholars write about the courts, about judicial process, and about the practice of judging. But what do judges think of this scholarship? Is it right? Is it helpful? This colloquium on courts and judicial process brings together judges, scholars, and students to discuss current research about courts, judging, and procedure. Over the course of the semester, we’ll discuss about six projects, taking one week to discuss the paper amongst ourselves, and then, in the following week, holding a workshop for the paper. At a typical workshop, an invited scholar will present work-in-progress; and a judge of a federal, state, or foreign court will offer commentary on the research. Students (and faculty) will be invited to participate in the open discussion that follows. Students will be expected to prepare written critiques and questions for the scholars and judges, whose topics and research methods may range widely. In order to enroll in this class, please submit your written application to Professor Narechania (tnarecha@law.berkeley.edu) by email no later than November 8th. Your written application should include: (1) your name and email address; (2) a concise statement (no more than one page) of your interest in the course; and (3) a description of any experience you think may be relevant to the course. Confirmed guests for this semester include Chief Judge Diane P. Wood (7th Cir.), Chief Judge R. Guy Cole Jr. (6th Cir.), Judge Bernice B. Donald (6th Cir.), Judge Stephen A. Higginson (5th Cir.). Judge Amul R. Thapar (6th Cir.), and Judge Jon S. Tigar (N.D. Cal.). Spring 2022 Description: Many scholars write about the courts, about judicial process, and about the practice of judging. But what do judges think of this scholarship? Is it right? Is it helpful? This colloquium on courts and judicial process brings together judges, scholars, and students to discuss current research about courts, judging, and procedure. Over the course of the semester, we’ll discuss about six projects, taking one week to discuss the paper amongst ourselves, and then, in a following week, holding a workshop for the paper. At a typical workshop, an invited scholar will present work-in-progress; and a judge of a federal, state, or foreign court will offer commentary on the research. Students (and faculty) will be invited to participate in the open discussion that follows. These interactions can lead (and have led!) to exciting clerkship and judicial field placement connections and opportunities for students. There is no final paper for the course. Instead, students will be expected to prepare two to three short critiques and questions for the scholars and judges. Our scholars and judges for Spring 2022 are still being finalized but last semester's guests included Judge Diane Wood (7th Cir.), Judge Bernice Donald (6th Cir.), Judge Amul Thapar (6th Cir.), Judge Charles Breyer (N.D. Cal.) and Judge Jon Tigar (N.D. Cal.), alongside Melissa Wasserman (U. Texas), Tonja Jacobi (Northwestern), and Andrew Bradt (UC Berkeley), among others. Spring 2024 Description: **Students who are interested in the class should send a short (no more than 500 words) statement of interest and a resume or CV to tnarecha@law.berkeley.edu. Instructors will consider statements of interest in two phases. For enrollment during Phase 1, the first round of statements is due November 1. For enrollment during Phase 2, the second round of statements is due on November 8. Instructors may, at their discretion, roll Phase 1 statements over for consideration during Phase 2. Likewise, instructors may accept late statements if space remains in the class. ** Many scholars write about the courts, about judicial process, and about the practice of judging. But what do judges think of this scholarship? Is it right? Is it helpful? This colloquium on courts and judicial process brings together judges, scholars, and students to discuss current research about courts, judging, and procedure. Over the course of the semester, we’ll discuss about six projects, taking one week to discuss the paper amongst ourselves, and then, in a following week, holding a workshop for the paper. At a typical workshop, an invited scholar will present work-in-progress; and a judge of a federal, state, or foreign court will offer commentary on the research. Students (and faculty) will be invited to participate in the open discussion that follows. These interactions can lead (and have led!) to exciting clerkship and judicial field placement connections and opportunities for students. There is no final paper for the course. Instead, students will be expected to prepare three short critiques and questions for the scholars and judges. Our scholars and judges for Spring 2024 are still being finalized but previous guests have included Judge Diane Wood (7th Cir.), Judge Bernice Donald (6th Cir.), Judge Amul Thapar (6th Cir.), Judge Stephanos Bibas (3d Cir.), Judge Charles Breyer (N.D. Cal.) and Judge Jon Tigar (N.D. Cal.), alongside Payvand Ahdout (Virginia), Melissa Wasserman (U. Texas), Tonja Jacobi (Northwestern), and Andrew Bradt (UC Berkeley), among others. |
| Law 223 Administrative Law 4 Units |
| Spring 2020: Remote due to COVID Spring 2021: Remote due to COVID Spring 2022: In-Person Spring 2023: In-Person Spring 2024: In-Person Spring 2025: In-Person |
| Description: Spring 2020 Description: The Administrative Law course has never been more central to understanding what is happening in US governance. Indeed, in the first month alone, we'll discuss (among other things): Whether President Trump can fire agency heads; the constitutionality of Acting AGs and agency heads; the Supreme Court's recent decision throwing out SEC Administrative Law judges; Justices Kavanaugh's and Gorsuch's evolving roles in the constriction of the Administrative State; the constitutionality of the Consumer Financial Protection Bureau; the viability of President Trump's order purporting to limit birthright citizenship; and the Supreme Court's Gundy decision addressing the constitutionality of the sex-offender registration statute. The course covers the study of the laws, doctrines, and structures that govern the executive branch, including relations with Congress and the Courts, and the processes that structure decisionmaking. It is a keystone for the study of regulation and governance across substantive areas, including environmental law, immigration, financial regulation, national security, privacy, health care, food and drugs, and telecommunications. Spring 2021 Description: The Administrative Law course has never been more central to understanding what is happening in US governance. Indeed, in the first month alone, we'll discuss (among other things): Whether Presidents can fire agency heads; the constitutionality of Acting AGs and agency heads; the Supreme Court's recent decision throwing out SEC Administrative Law judges; Justices Kavanaugh's and Gorsuch's evolving roles in the constriction of the Administrative State; the constitutionality of the Consumer Financial Protection Bureau; the viability of executive orders by the President; and the Supreme Court's Gundy decision addressing the constitutionality of the sex-offender registration statute. The course covers the study of the laws, doctrines, and structures that govern the executive branch, including relations with Congress and the Courts, and the processes that structure decision making. It is a keystone for the study of regulation and governance across substantive areas, including environmental law, immigration, financial regulation, national security, privacy, health care, food and drugs, and telecommunications. Spring 2022 Description: The Administrative Law course has never been more central to understanding what is happening in US governance. Indeed, in the first month alone, we'll discuss (among other things): Whether Presidents can fire agency heads; the constitutionality of Acting AGs and agency heads; the Supreme Court's recent decision throwing out SEC Administrative Law judges; Justices Kavanaugh's and Gorsuch's evolving roles in the constriction of the Administrative State; the constitutionality of the Consumer Financial Protection Bureau; the viability of executive orders by the President; and the Supreme Court's Gundy decision addressing the constitutionality of the sex-offender registration statute. The course covers the study of the laws, doctrines, and structures that govern the executive branch, including relations with Congress and the Courts, and the processes that structure decision making. It is a keystone for the study of regulation and governance across substantive areas, including environmental law, immigration, financial regulation, national security, privacy, health care, food and drugs, and telecommunications. Spring 2023 Description: Course Aim: Students completing this course will understand how federal administrative agencies are structured, how they act, what their place in government is, and what relationships they have with other government actors. Learning Outcomes: By the end of this course, you will be able to • Think critically about our system of constitutional checks and balances and how agencies fit (or do not fit) within it • Understand how agencies make new rules and policies, as well as how they adjudicate disputes and take less formal actions • Understand how the federal courts review agency action and how agencies interact with Congress and the President • Understand key defenses as well as key critiques of administration Spring 2024 Description: The Administrative Law course has never been more central to understanding what is happening in US governance. Ad Law is the law governing the power of the executive branch (the President, the White House, administrative agencies). And it is the setting for the battles between courts, Congress, and the executive branch over the administrative state, and the federal government's ability to address national problems ranging from air and water quality to pharmaceutical safety, from pandemic planning to student debt relief, from predatory loans to immigration reform. Administrative Law is a keystone for the study of regulation and governance across substantive areas, including environmental law, immigration, financial regulation, national security, privacy, health care, food and drugs, and telecommunications. Spring 2025 Description: The Administrative Law course has never been more central to understanding what is happening in US governance. Administrative Law is the law governing the power of the executive branch (the President, the White House, administrative agencies). And it is the setting for the battles between courts, Congress, and the executive branch over the administrative state, and the federal government's ability to address national problems ranging from air and water quality to pharmaceutical safety, from pandemic planning to student debt relief, from predatory loans to immigration reform. Administrative Law is a keystone for the study of regulation and governance across substantive areas, including environmental law, immigration, financial regulation, national security, privacy, health care, food and drugs, and telecommunications. |
| Law 223.1 Election Law 3 Units |
| Fall 2020: Remote due to COVID Spring 2022: In-Person Fall 2022: In-Person Fall 2023: In-Person Spring 2025: In-Person |
| Description: Fall 2020 Description: The purpose of this course is to give students a basic understanding of the major themes in the legal regulation of elections and politics. We will cover major Supreme Court cases on topics of voting rights, reapportionment/redistricting, ballot access, regulation of political parties, campaign finance, and gerrymandering. In addition to examining doctrine, we will focus attention on competing political philosophies and empirical assumptions underlying the Law of Democracy. Abhay Aneja is trained as a lawyer and social scientist. Both his teaching and research seek to integrate quantitative social science into the analysis of legal institutions. His current research focuses on how democratic institutions and criminal justice systems shape economic inequality, and in particular, the socioeconomic outcomes of historically marginalized groups. His work has appeared in journals including the Journal of Empirical Studies and the American Law and Economics Review. Prior to law school, Abhay worked at a non-profit organization focused on fostering economic development in historically-disadvantaged neighborhoods. Spring 2022 Description: The purpose of this course is to give students a basic understanding of the major themes in the legal regulation of elections and politics. We will cover major Supreme Court cases on topics of voting rights, reapportionment/redistricting, ballot access, regulation of political parties, campaign finance, and gerrymandering. In addition to examining doctrine, we will focus attention on competing political philosophies and empirical assumptions underlying the Law of Democracy. Abhay Aneja is trained as a lawyer and social scientist. Both his teaching and research seek to integrate quantitative social science into the analysis of legal institutions. His current research focuses on how democratic institutions and criminal justice systems shape economic inequality, and in particular, the socioeconomic outcomes of historically marginalized groups. His work has appeared in journals including the Journal of Empirical Studies and the American Law and Economics Review. Prior to law school, Abhay worked at a non-profit organization focused on fostering economic development in historically-disadvantaged neighborhoods. Fall 2022 Description: The purpose of this course is to give students a basic understanding of the major themes in the legal regulation of elections and politics. We will cover major Supreme Court cases on topics of voting rights, reapportionment/redistricting, ballot access, regulation of political parties, campaign finance, and gerrymandering. In addition to examining doctrine, we will focus attention on competing political philosophies and empirical assumptions underlying the Law of Democracy. Fall 2023 Description: The purpose of this course is to give students a basic understanding of the major themes in the legal regulation of elections and politics. We will cover major Supreme Court cases on topics of voting rights, reapportionment/redistricting, ballot access, regulation of political parties, campaign finance, and gerrymandering. In addition to examining doctrine, we will focus attention on competing political philosophies and empirical assumptions underlying the Law of Democracy. Spring 2025 Description: The purpose of this course is to give students a basic understanding of some of the major themes in the legal regulation of elections and politics. The course will primarily cover issues relating to voter access to the polls (for instance restrictive voting laws) and vote dilution (through racial and partisan gerrymandering). Of note, this version of the course does not cover campaign finance. |
| Law 223.11 Federal District Court Practice 1 Units |
| Spring 2020: Remote due to COVID |
| Description: Spring 2020 Description: This course examines the practice of law in federal district court, primarily from the perspective of the judge. We will conduct an overview of the life of the civil and criminal case, and then dive deeper into specific areas, including class actions, injunctive relief, criminal sentencing, and multi-district litigation. This course is not an adequate substitute for the standard federal courts class, but could serve as a good practical precursor or complement to that class. |
| Law 223.21 Advanced Administrative Law: Trump and Obama Policies in Court 2 Units |
| Fall 2020: Remote due to COVID |
| Description: Fall 2020 Description: Politically controversial, headline-grabbing changes in domestic and economic policy very often have interesting administrative law dimensions. When challenges to such policies reach court, one can ask whether administrative law is "useful." The recent hyper-partisanship in federal policy-making creates frequent challenges for the administrative law project of disciplining administrative discretion--in favor of legality, empiricism, and transparency. This seminar will explore several recent, high-profile controversies from several fields, including: environment and energy; healthcare; health and safety; and civil rights. Students will complete a draft and final 15-page paper on an approved topic, pursuant to Writing Requirement Option 1. Students will also provide detailed written comments on the draft paper of another student. Grades will be based on equally on (a) class participation, (b) the first draft of a 10-15 page paper, and (c) the final version of that same paper, after instructor feedback. |
| Law 223.22 Dangers of the Administrative State 1 Units |
| Spring 2022: In-Person |
| Description: Spring 2022 Description: This course is built on inquiries drawn from important debates and real-world controversies relating to administrative and structural constitutional law. This seminar will examine -- from a constitutional and rule-of-law perspective -- central features of the modern administrative state, including as characterized by some of its strongest critics. Are these features genuinely worrisome, or reflective of the avoidable complexity of governance? What forces have driven the evolution of government agencies? And what have critics of relevant constitutional doctrine and administrative law gotten wrong? Our highest aim is to foster fruitful discussion about whether the administrative state is lawful, based on both theoretical material and popular discussion in the media. |
| Law 223.6 Principles of Administrative Law for LLMs 1 Units |
| Spring 2020: Remote due to COVID |
| Description: Spring 2020 Description: This 1-credit section of Administrative and Regulatory Law is intended specifically for students who are less familiar with the U.S. legal and political systems. We will touch on the fundamental areas of doctrine, with examples from a range of regulatory programs. The central purpose of Administrative Law is to create and apply Rule of Law principles to decisionmaking in the executive branch using powers of regulation, adjudication, and enforcement assigned to agencies by statutes. Thus, Administrative Law is relevant to virtually every area of government action in domestic and economic matters. Courts apply Administrative Law to disputes about an agency’s substantive and procedural choices. Did the agency act within its statutory authority, using the procedures required by statute or the Constitution? Was the evidence sufficient? Was the agency arbitrary when exercising its discretion? Are the government’s actions procedurally fair, substantively sound, and democratically accountable? Grading will be credit/no-credit based on class participation together with a take-home exam. |
| Law 223.8 California Constitutional Law 3 Units |
| Fall 2020: Remote due to COVID Fall 2021: In-Person Fall 2022: In-Person Fall 2023: In-Person Fall 2024: In-Person Instruction |
| Description: Fall 2020 Description: This course combines the topics formerly covered by Law 223.8 California Constitutional Law, and Law 224.1 California Government: The State Constitution in Practice. This new course offers students two paper options. We will use the galley proof version of a casebook West will publish in January 2021. The casebook contains more material than we can cover in a three unit course. Students will vote in the first class meeting on which chapters to cover. Casebook chapters we can cover: • State constitutional design • California’s constitutional design • The legislature • The executive • The judiciary • Popular sovereignty and direct democracy • Individual rights to speech, privacy, equal protection, fundamental rights, religion, and unconstitutional conditions • Elections • State and local interaction • State agency powers and limitations • Budget and taxation • Water law Students will be provided with PDF versions of the chapters we cover, at no cost, along with free copies of the California constitution. The format will be part lecture and part discussion. A 30 page paper is required. As a 2-A course, the paper may satisfy the writing requirement. Students can choose to write on an original topic of their choice, or write a 30 page response to a final-exam style hypothetical that will be available at the first class meeting. This course formerly featured many guest speakers; those now will be rare. Fall 2021 Description: This is a substantive constitutional law course. It focuses on California constitutional law, with some discussion of 50-state constitutional features and federal constitutional law for background and comparison. We will use a new West casebook: California Constitutional Law. The casebook contains more material than we can cover in a three unit course, so students will complete a poll before the first class meeting on which chapters to cover. Possible subjects: • State constitutional design • Separation of powers • Popular sovereignty • The legislature • The executive • The judiciary • Individual rights to speech, privacy, equal protection, fundamental rights, religion, and unconstitutional conditions • Elections • State and local interaction • State agency powers and limitations • Budget and taxation • Water law Students will be provided with free copies of the California constitution. The format will be part lecture and part discussion. A 30 page paper is required. As a 2-A course, the paper may satisfy the writing requirement (this requires instructor approval). There may be some guest speakers. Fall 2022 Description: This is a substantive constitutional law course. It focuses on California constitutional law, with some discussion of 50-state constitutional features and federal constitutional law for background and comparison. The required California Constitutional Law casebook contains more material than we can cover in a three unit course, so students will complete a poll before the first class meeting on which chapters to cover. Possible subjects: • State constitutional design • Separation of powers • Popular sovereignty • The legislature • The executive • The judiciary • Individual rights to speech, privacy, equal protection, fundamental rights, religion, and unconstitutional conditions • Elections • State and local interaction • State agency powers and limitations • Budget and taxation • Water law Students will be provided with free copies of the California constitution. This is a discussion seminar: expect primarily student conversation with little instructor lecturing. A 30 page paper is required. As a 2-A course, the paper may satisfy the writing requirement (this requires instructor approval). There may be some guest speakers. Fall 2023 Description: This is a substantive constitutional law seminar. It focuses on California constitutional law, with some discussion of 50-state subnational constitutional features and federal constitutional law for background and comparison. We will cover one chapter each week from the required California Constitutional Law casebook. Since it contains more material than we can cover in a three unit course, students will have some choice on which chapters to cover. Chapter list: • State constitutional design • Separation of powers • Popular sovereignty • The legislature • The executive • The judiciary • Individual rights to speech, privacy, equal protection, fundamental rights, religion, and unconstitutional conditions • Elections • State and local interaction • State agency powers and limitations • Budget and taxation • Water law Students will be provided with free copies of the California constitution. This is a discussion seminar: expect primarily student conversation with little instructor lecturing. A 30 page paper is required. As a 2-A course, the paper may satisfy the writing requirement (this requires instructor approval). There may be some guest speakers. Fall 2024 Description: empty |
| Law 224 Conducting Open Source Investigations 4 Units |
| Spring 2024: In-Person Fall 2024: In-Person |
| Description: Spring 2024 Description: This course will introduce law students to the fundamentals of conducting open source investigations: investigations that use social media and other publicly-accessible internet-based sources to develop evidence for courts. Students will use legal, reporting and digital research methods to investigate a series of human rights issues for real-world partners. The outputs will include a series of audio, written and/or visual pieces. The investigation and publishing material will be designed to bring broad attention to environmental destruction and violations of international, regional and domestic law in the Brazilian Amazon. Students will learn the following skills: beginning and intermediary digital research and investigation methods, including advanced Boolean searching, social media discovery and analysis, site domain and filetype searching, and deep web mining; verification techniques for digital materials (including photographs, videos, and printed documents); introductory geospatial and network analysis; traditional investigative methods, including interviewing and other offline investigative techniques; relevant ethical considerations; holistic security (including physical, digital and psychosocial risks and mitigating techniques); cross-disciplinary communication and collaboration; the collection and analysis of large datasets; how to work effectively in multidisciplinary teams; and relevant legal frameworks, including an introduction to human rights, humanitarian and international criminal law. Students will also learn the history of digital open source investigations, including their use in legal and journalism practice, and how such investigations are transforming the communication of facts in media and courts. Students will work with award-winning faculty and staff from Berkeley Law's Human Rights Center and faculty and Berkeley Journalism's Investigative Reporting Program. Each class will include a “Seminar Class” with skill building including open-source investigation methods (OSINT), and a “Lab” for collaborative research and trouble-shooting with the team and instructors. In addition, students will be expected to read all assigned materials and work independently on their research. To apply, please reach out to Alexa Koenig at kalexakm@berkeley.edu for a link to the class application. Alexa Koenig, Ph.D., J.D, is co-Faculty Director of the Human Rights Center (winner of the 2015 MacArthur Award for Creative and Effective Institutions) and an Adjunct Professor at UC Berkeley School of Law, where she teaches classes on human rights and international criminal law. She co-founded and directs Berkeley Law's Investigations Lab and trains human rights investigators around the world in digital open-source investigation methods. She helped establish and co-directs the Technology Advisory Board for the International Criminal Court's Office of the Prosecutor; formerly co-chaired the International Bar Association's Human Rights Law Committee; and is on the advisory board of numerous human rights organizations, including Physicians for Human Rights and the Innovation Lab at Human Rights First. She is the author of numerous books, has won multiple awards for her work, and has been honored by Harvard Law School's Women's Law Association as a Woman Inspiring Change. David Barstow is chair of the Investigative Reporting Program at Berkeley Journalism. He is the first reporter in American history to win four Pulitzer Prizes. Prior to coming to Berkeley, he worked for 20 years with the investigative unit at the New York Times. Mr. Barstow is also the recipient of four Polk Awards, the Goldsmith Prize, the Alfred I. duPont Silver Baton, the Barlett and Steele Gold Medal, a Loeb Award, the Sidney Hillman Award, the Daniel Pearl Award for Investigative Reporting, two Sigma Delta Chi awards for distinguished service, the Peabody Award, the IRE Awa rd, the Mirror Award, an Overseas Press Club Citation, two SABEW awards and the Gold Keyboard. In 2019 Mr. Barstow became the Reva and David Logan Distinguished Chair in Investigative Journalism at Berkeley Journalism, where he leads a storied program founded by Lowell Bergman dedicated to grooming future generations of investigative reporters by enlisting them in ambitious investigative projects. In his first three years at Berkeley, Barstow’s students have been published more than 150 times. Guest speaker Gisela Pérez de Acha is a supervising reporter and lecturer, who oversees teams of student investigators and journalists through Berkeley Law's Human Rights Center and Berkeley Journalism's Investigative Reporting Program. She is also a human rights lawyer and digital investigations trainer for the Human Rights Center and Amnesty International’s Digital Verification Corps, a global network of volunteers who fact-check social media posts about war crimes and human rights violations. She trains journalists and other professionals on methods for open source investigations, cybersecurity, and resiliency. Gisela is part of an Emmy award-winning team at the New York Times for her collaboration on the story about The Siege of Culiacán and a digital safety trainer with PEN America. She reported on extremism for "American Insurrection," a co-publication with ProPublica, Frontline, and the UC Berkeley Investigative Reporting Program, which won the George Polk Award in 2022. Born and raised in Mexico, Gisela speaks fluent Spanish, English, French, and Portuguese. She has a master’s degree from Berkeley Journalism. Fall 2024 Description: This course will introduce law students to the fundamentals of conducting open source investigations: investigations that use social media and other publicly-accessible internet-based sources to develop evidence for courts. Students will use legal, reporting and digital research methods to investigate a series of human rights issues for real-world partners. The outputs will include a series of audio, written and/or visual pieces. The investigation and publishing material will be designed to bring broad attention to environmental destruction, human rights violations and/or other violations of international, regional and domestic law. Students will learn the following skills: beginning and intermediary digital research and investigation methods, including advanced Boolean searching, social media discovery and analysis, site domain and filetype searching, and deep web mining; verification techniques for digital materials (including photographs, videos, and printed documents); introductory geospatial and network analysis; traditional investigative methods, including interviewing and other offline investigative techniques; relevant ethical considerations; holistic security (including physical, digital and psychosocial risks and mitigating techniques); cross-disciplinary communication and collaboration; the collection and analysis of large datasets; how to work effectively in multidisciplinary teams; and relevant legal frameworks, including an introduction to human rights, humanitarian and international criminal law. Students will also learn the history of digital open source investigations, including their use in legal and journalism practice, and how such investigations are transforming the communication of facts in media and courts. Students will work with award-winning faculty and staff from Berkeley Law's Human Rights Center and faculty from Berkeley Journalism's Investigative Reporting Program. Each class will include a “Seminar Class” with skill building including open-source investigation methods (OSINT), and a “Lab” for collaborative research and trouble-shooting with the team and instructors. In addition, students will be expected to read all assigned materials and work independently on their research. To apply, please reach out to Alexa Koenig at kalexakm@berkeley.edu for a link to the class application. The application will be due on April 15, 2024. Students will be informed if they have permission to enroll within 1-2 weeks of the deadline. Alexa Koenig, Ph.D., J.D., is co-Faculty Director of the Human Rights Center (winner of the 2015 MacArthur Award for Creative and Effective Institutions) and a Research Professor of Law at UC Berkeley School of Law, where she teaches classes on human rights and international criminal law. She co-founded and directs Berkeley Law's Investigations Lab and trains legal, journalistic and human rights investigators around the world in digital open-source investigation methods. She helped establish and co-directs the Technology Advisory Board for the International Criminal Court's Office of the Prosecutor; formerly co-chaired the International Bar Association's Human Rights Law Committee; and is on the advisory board of numerous human rights organizations, including Physicians for Human Rights and the Innovation Lab at Human Rights First. She is the author of numerous books, has won multiple awards for her work, and has been honored by Harvard Law School's Women's Law Association as a Woman Inspiring Change. David Barstow is chair of the Investigative Reporting Program at Berkeley Journalism. He is the first reporter in American history to win four Pulitzer Prizes. Prior to coming to Berkeley, he worked for 20 years with the investigative unit at the New York Times. Mr. Barstow is also the recipient of four Polk Awards, the Goldsmith Prize, the Alfred I. duPont Silver Baton, the Barlett and Steele Gold Medal, a Loeb Award, the Sidney Hillman Award, the Daniel Pearl Award for Investigative Reporting, two Sigma Delta Chi awards for distinguished service, the Peabody Award, the IRE Award, the Mirror Award, an Overseas Press Club Citation, two SABEW awards and the Gold Keyboard. In 2019 Mr. Barstow became the Reva and David Logan Distinguished Chair in Investigative Journalism at Berkeley Journalism, where he leads a storied program founded by Lowell Bergman dedicated to grooming future generations of investigative reporters by enlisting them in ambitious investigative projects. In his first three years at Berkeley, Barstow’s students have been published more than 150 times. Guest lecturer Gisela Pérez de Acha is a supervising reporter and instructor who oversees teams of student investigators and journalists through Berkeley Law's Human Rights Center and Berkeley Journalism's Investigative Reporting Program. She is also a human rights lawyer and digital investigations trainer for the Human Rights Center and Amnesty International’s Digital Verification Corps, a global network of volunteers who fact-check social media posts about war crimes and human rights violations. She trains journalists and other professionals on methods for open source investigations, cybersecurity, and resiliency. Gisela is part of an Emmy award-winning team at the New York Times for her collaboration on the story about The Siege of Culiacán and a digital safety trainer with PEN America. She reported on extremism for "American Insurrection," a co-publication with ProPublica, Frontline, and the UC Berkeley Investigative Reporting Program, which won the George Polk Award in 2022. Born and raised in Mexico, Gisela speaks fluent Spanish, English, French, and Portuguese. She has a master’s degree from Berkeley Journalism. |
| Law 224.22 Mental Health and the Law 2 Units |
| Fall 2020: Remote due to COVID Spring 2022: In-Person |
| Description: Fall 2020 Description: This seminar will explore the intersection of mental health and the law and provide students with tools to improve advocacy when mental health is an issue in a case. In the last few decades, the legal system has seen an evolution in the understanding between life circumstances, mental health, and involvement with the law. Advances in brain science and social history investigation, as well as an increasingly nuanced view of mental disorders have prompted these strides in various aspects of the law. People with mental disorders interact with the civil legal system in employment cases, civil rights actions, family law disputes, elder law cases, and in the corporate arena. Recognition of the role of cognition in legal cases extends beyond the confines of criminal law. Lawyers in most practice areas will encounter a client, witness, family member, or even another lawyer with a mental health issue. We should be able to recognize the issue, and understand its implications. Law students graduating today are faced with a system that is dramatically changing where mental health meets the law. Knowledge that was once considered a specialty area for lawyers is now best practice. New lawyers should be prepared for this new world. Students will be required to write a 12-15 page paper under Option 1 of the Writing Requirement. Spring 2022 Description: This seminar will explore the intersection of mental health and the law and provide students with tools to improve advocacy when mental health is an issue in a case. In the last few decades, the legal system has seen an evolution in the understanding between life circumstances, mental health, and involvement with the law. Advances in brain science and social history investigation, as well as an increasingly nuanced view of mental disorders have prompted these strides in various aspects of the law. People with mental disorders interact with the civil legal system in employment cases, civil rights actions, family law disputes, elder law cases, and in the corporate arena. Recognition of the role of cognition in legal cases extends beyond the confines of criminal law. Lawyers in most practice areas will encounter a client, witness, family member, or even another lawyer with a mental health issue. We should be able to recognize the issue, and understand its implications. Law students graduating today are faced with a system that is dramatically changing where mental health meets the law. Knowledge that was once considered a specialty area for lawyers is now best practice. New lawyers should be prepared for this new world. Students will be required to write a 12-15 page paper under Option 1 of the Writing Requirement. Please note that 1Ls cannot use this class to fulfill their writing requirement, they must wait until their 2L or 3L year. |
| Law 224.23 Public Health Law 3 Units |
| Spring 2021: Remote due to COVID Spring 2022: In-Person Spring 2023: In-Person Spring 2024: In-Person Spring 2025: In-Person |
| Description: Spring 2021 Description: COVID-19 and the failure of government agencies to coordinate a national response has shocked the nation and the world. We now see so clearly how health is inextricably linked to the legal authority of federal, state and local governments - including legal and civic structures embedded in structural racism and historic discrimination. We are learning in real-time how global economics and transportation systems, workplace policies and employee benefits, food systems and retail environments, schools, playgrounds and every aspect of civic life influence health outcomes. Constitutional law is central to fighting disease from pandemics to chronic diseases like cancer, diabetes and heart disease. Over the past few months, the authority of state and federal governments to protect the public’s health at the expense of individual liberties has never been on greater display: religious services are cancelled, access to family planning is deemed non-essential, extensive restrictions are placed on the right to freely travel and assemble, the ability to earn a living is aggressively curtailed. The strengths and limits of cooperative federalism are daily headlines from the Army and National Guard both providing staffing services to homes for the elderly and disbanding peaceful protests for presidential photo ops, to states competing against each other for basic PPE supplies, and worse. The President of the United States has claimed “total power” and urges protesters to force states and localities to “liberate” their economies. Most critically, we are seeing how systemic inequities create diseases of poverty and vast disparities in health outcomes based on race/ethnicity, income inequality, and political marginalization. This extraordinary list of issues touches on everyday constitutional rights while simultaneously entering largely uncharted legal territory that will be the subject of litigation and legislation for years to come. The purpose of this course is to provide students with an understanding of how constitutional and administrative law is integrated with science, systems thinking, community organizing and organizational leadership to ensure everyone has the ability to live a healthy and prosperous life. Students interested in social justice lawyering will be exposed to a broad array of legal and scientific concepts and resources that will be central to their legal career regardless of future venue: legal aid offices and other community-based organizations, policy think tanks and government agencies that touch all aspects of civic life, and law firms dedicated to public interest lawyering. Students will learn how to integrate core legal theory with fundamental public health principles and will understand how to shape laws and policies to further the public’s health. They will be immersed in legal and policy strategies to redress inequalities and promote health equity. Students will study legal and public health theory, simulate responses to real world problems, and practice proactive legal and policy leadership to prevent and manage both emergent pathogens and ubiquitous chronic diseases resulting from systemic racism and historic discrimination that result in preventable death and disability. Class meetings will be offered online via Zoom. We will record each meeting and post it on bCourses. You are strongly encouraged to attend classes live on Zoom, which will provide the most engaging and enriching experience. If you are unable to attend in real-time, you should provide the instructors with timely advance notice (or subsequent notice of an unanticipated emergency). As a substitute for real-time attendance and participation, you will be required to answer a series of questions that are responsive to the readings and the recorded class content. This class combines lecture, exercises, polls, small-group discussions on Zoom, and discussion forums on bCourses. Spring 2022 Description: COVID-19 has shocked our nation and the world. And when we peel-back the data, we see so clearly how the public’s health is not primarily due to advances in medical care, but inextricably linked to the legal authorities and decision-making of federal, state and local governments. We have real-time exposure to how our legal and civic structures embedded in structural racism and historic discrimination impact health. Further, the pandemic has uncovered how global economics and transportation systems, workplace policies and employee benefits, food systems and retail environments, schools, playgrounds and every aspect of civic life influence health outcomes. This course will explore how constitutional and administrative law is central to fighting disease from pandemics to chronic diseases like cancer, diabetes and heart disease. Students will learn how to integrate core legal theory with fundamental public health principles, and to shape laws and policies that further the public’s health by redressing inequalities and to promoting health equity. The course uses a systems approach that links the nation’s health to legal issues related to fair wages, housing segregation, school financing, food security and more. We will simulate responses to real world problems, and practice proactive legal and policy leadership to prevent and manage both emergent infectious diseases and ubiquitous yet preventable chronic diseases. We will learn how lawyers and public health leaders can partner with each other and work with community-based organizers to ensure everyone has the ability to live a healthy and prosperous life. The course is open to both law and public health students and is designed to expose students to core skills regardless of their future career venue. It is especially designed for students interested in career dedicated to social justice. The instructor is Marice Ashe, JD, MPH. She is the founder of the national nonprofit, ChangeLab Solutions, where she served as CEO for nearly 25 years and pioneered the use of law and policy to solve complex problems related to institutionalized inequities and poor community health outcomes. Leading a staff of 60 lawyers and other public health experts, Ashe drove major health equity successes across a broad range of public health challenges. Under her direction, ChangeLab Solutions consulted with leadership from every level of government, health system and community health practice, and created a vast library of “how to” guides and model laws and policies that promote multi-disciplinary partnerships to empower leaders, mobilize resources and improve outcomes. Ashe is currently a public health law and policy consultant who works with public health leaders throughout the world. She serves on the national advisory boards for the Center for the Redress of Inequity Through Community-Engaged Scholarship at the University of Virginia and the Institute for Health Policy and Leadership at Loma Linda University. She is a graduate of the University of Notre Dame and has graduate degrees in both public health and law from the University of California at Berkeley. Spring 2023 Description: COVID-19 provided real-time insight to how structural inequities such as racism, sexism and ableism impact our nation’s health. It uncovered how global economics and transportation systems, workplace policies and employee benefits, food systems and retail environments, schools, playgrounds and every aspect of civic life influence health outcomes. It demonstrated how closely aligned health outcomes are with deeply imbedded legal structures that drive health inequities. Yet, COVID-19 is not unique in its disproportionate impact on low-income and communities of color. Diabetes, heart disease, HIV/AIDS, gun violence, opioid deaths – in fact every preventable illness and injury – all follow the exact pattern of disproportional harm as they are inextricably linked to poverty, historic trauma, under-funded systems, segregated housing, limited voting rights, and more. Public Health Law 224.23 digs into these issues with an array of traditional and nontraditional educational resources, and with student-led research and writing projects that focus on the ties between institutionalized/ systemic harms and population health outcomes. Students will explore the basics of the US public health system, learn how to integrate core legal theory with fundamental public health principles, and identify laws and policies that further the public’s health by redressing inequalities and promoting health equity. Students do not need a background in health law, but should bring a passion and commitment to redressing structural discrimination that limits equity and opportunity. The course is open to both law and, by application, to public health students. Public health students interested in taking the course must submit an interdepartmental application with the Law Registrar's Office. The course is designed to expose students to core skills regardless of their future career venue. It has three major sections: 1. Introduction to public health and public health law focusing on the “social and political determinants of health,” racism as a public health crisis, public health data, and models of public health practice that improve population health and promote health equity. 2. Constitutional basis of public health focusing on the constitutional and statutory authority of the government to protect and promote health. It covers a survey of constitutional law including classic cases (e.g., Brown v. Board of Education and Griswold v. Connecticut) to the most recent Supreme Court decisions (e.g., Alabama Association of Realtors v Dept. of Health and Human Services and Dobbs v. Jackson Women’s Health Clinic). 3. Public health law in action integrates the learning through a more in-depth focus on vaccination law, environmental justice, community organizing and mobilization, and systems thinking. The course stimulates responses to real world problems, and encourages proactive legal and policy leadership to prevent and manage both emergent infectious diseases and ubiquitous yet preventable chronic diseases. Class time includes lectures, student-led discussions and frequent small group exercises. We will learn how lawyers, and health and community-based leaders partner to ensure everyone has the ability to live a healthy and prosperous life. The instructor is Marice Ashe, JD, MPH. She is the founder of the national nonprofit, ChangeLab Solutions, where she served as CEO for nearly 25 years and pioneered the use of law and policy to solve complex problems related to institutionalized inequities and poor community health outcomes. Leading a staff of 60 lawyers and other public health experts, Ashe drove major health equity successes across a broad range of public health challenges. Under her direction, ChangeLab Solutions consulted with leadership from every level of government, health system and community health practice, and created a vast library of “how to” gu ide s and model laws and policies that promote multi-disciplinary partnerships to empower leaders, mobilize resources and improve outcomes. Ashe is currently a public health law and policy consultant who works with public health leaders th roughout the world. She serves on the national advisory boards for the Center for the Redress of Inequity Through Community-Engaged Scholarship at the University of Virginia and the Institute for Health Policy and Leadership at Loma Linda University. She is a graduate of the University of Notre Dame and has graduate degrees in both public health and law from the University of California at Berkeley. Spring 2024 Description: Public Health Law 224.23 examines the complex interplay between government’s role in promoting population health and protecting personal liberties. A significant focus is on the legal, policy, and ethical issues raised by evolving notions of governmental powers in our highly pluralistic and fractured society as we tackle the ties between institutionalized/ systemic harms - including racism - and population health outcomes. Students will explore the basics of the US public health system, learn how to integrate core legal theory with fundamental public health principles, and identify laws and policies that further the public’s health by redressing inequalities and promoting health equity. Students do not need a background in health law, but should bring a passion and commitment to redressing structural discrimination that limits equity and opportunity. This course is housed at Berkeley Law and is open to both law and public health graduate students. It is organized into three major sections: 1. The Public Health Perspective: We start the class with laser focus on the social, political and economic determinants of health, and racism as a public health crisis. We utilize public health data and stress-test various models of public health practice to understand how to build a rationale for legal and policy strategies to protect health and prevent disease. 2. Case Studies of Public Health Law in Action: Core legal theories and specific legal tools are explored through a wide range of case studies related to how the law applies to infectious and chronic disease prevention, access to care, nuisance abatement, emergency response and more. Special emphasis is placed on the authority of federal, state and local governments to take action. 3. Constitutional Standards for Protecting Public Health: We close the course with an exploration of due process and equal protection, and the limits to governmental authority through the lens of the eugenics movement, sexual and reproductive freedoms, parental rights, religious liberties, and free speech. This is a course is designed to simulate responses to real world problems using an array of legal tools. Educational materials include both traditional and nontraditional resources, and the course supports student-led research and writing projects. Class time includes short lectures, student-led discussions, and frequent small group exercises. We learn how health and community-based leaders, and lawyers partner across disciplines to ensure everyone has the ability to live a healthy and prosperous life. Spring 2025 Description: How best to protect the public’s health is at the forefront of the massive changes to governance we are likely to experience in the U.S. over the next several years. The reelection of Donald Trump, combined with the already activist Supreme Court, clearly portend huge changes to reproductive and LGBTQI rights, racial and environmental justice movements, privacy and due process norms, and so much more. Further, the ability of state and local health agencies to utilize their 10th Amendment “police powers” to regulate the health, safety, and welfare within our federalist system has now been called into question by the Supreme Court. Even the most basic scientific foundations of disease prevention and control may well be questioned or jettisoned by new federal health agency leadership, and even by some state legislatures and courts, affecting local governments as well. Public Health Law 224.23 focuses on the legal, policy, and ethical issues raised by evolving notions of governmental powers in our highly pluralistic and now-fractured society. Using a case study approach, the course examines the complex interplay between the government’s fundamental role in promoting population health and competing demands and controversies related to the use of those powers. Students will explore the basics of the U.S. public health system, learn how to integrate core legal theory with fundamental public health principles, and identify laws and policies that further the public’s health. Students do not need a background in health law but should bring passion and commitment both to redressing structural discrimination and to employing creative approaches to solving seemingly intractable problems. This course is housed at Berkeley Law but also welcomes public health and public policy graduate students (though with limited enrollment). It is organized into three major sections: 1. The Public Health Perspective: We start the class focusing on the social, political and economic determinants of health and on racism as a public health crisis. We utilize public health data and stress-test various models of public health practice to understand how to build a rationale for legal and policy strategies to protect health and prevent disease. 2. Case Studies of Public Health Law in Action: Core legal theories, shifting legal standards, and specific legal tools are explored through a wide range of case studies related to how the law applies to infectious and chronic disease prevention, access to care, nuisance abatement, emergency response and more. Special emphasis is placed on the authority of federal, state and local governments to take action. 3. Constitutional Standards for Protecting Public Health: We close the course with an exploration of due process and equal protection, and the limits to governmental authority through the lens of the eugenics movement, sexual and reproductive freedoms, parental rights, religious liberties, and free speech in commercial transactions. This subject in particular is a very dynamic one, given changes in courts and political balances. Public Health Law 224.23 is not an abstract exploration – it is specifically designed to simulate responses to real-world problems. Educational materials include both traditional and non-traditional resources, and the course supports a student-led research and writing project on any issue related to community and population health. Class time includes short lectures, student-led discussions, and frequent small group exercises. We will learn about transdisciplinary law – i.e., how health and community-based leaders, lawyers and allied professionals partner across areas of expertise to achieve public health’s primary goal – to ensure that everyone has the ability to live a healthy and prosperous life. |
| Law 224.24 Law, Public Health, and Police Use of Force 2 Units |
| Spring 2022: In-Person |
| Description: Spring 2022 Description: Public health is often juxtaposed to medicine. Rather than tying health outcomes to individual behaviors, choices, or predispositions, public health examines the social conditions that determine the positive or negative health outcomes for populations. There are similar opportunities to juxtapose a public health approach to traditional doctrinal analyses that, akin to medicine, focus heavily on individualist dynamics. In this seminar, we will apply this social determinist approach to a pressing legal problem with significant implications for human well-being: police use of force. Excessive force by law enforcement is often described as a function of individual officers making bad decisions driven by malice -- the proverbial bad apple. A public health approach invites us to ask whether the inequities that we see regarding police use of force are determined by social and legal structures rather than simplistic ideations concerning expired fruit. This course places public health law -- i.e. how law often shapes health outcomes and can create incentives to reduce health harms and disparities -- in conversation with relevant aspects of criminal procedure and constitutional torts to have a deeper understanding of the causes and consequences of excessive force by law enforcement and develop possible strategies for change. Specific topics will include the history of police use of force, doctrinal evolutions and limitations, community impacts of policing, and imagining a better future with law and other tools. No prior courses are required. |
| Law 224.3 Social Justice Issues in Entertainment and Media Law 3 Units |
| Fall 2021: In-Person Fall 2024: In-Person |
| Description: Fall 2021 Description: This course will explore various social justice issues in the entertainment, media and technology industries. For example, we will consider the #MeToo and #OscarsSoWhite movements and broader issues of structural underrepresentation and discrimination against women, people of color, LGBTQ people, and other marginalized groups in Hollywood. We will also engage questions concerning inclusion in the tech industry, as well as how new technologies may perpetuate or disrupt discrimination. The class will include guest speakers from impacted industries and viewing and critiquing excerpts of relevant film and TV programs. Fall 2024 Description: This course will explore contemporary social justice issues in the entertainment, media and technology industries. For example, we will consider the #MeToo and #OscarsSoWhite movements and broader issues of structural underrepresentation and discrimination against women, people of color, LGBTQ people, and other marginalized groups in Hollywood. We will explore backlash to these movements. The class will engage questions concerning inclusion in the tech industry, as well as how new technologies may perpetuate or disrupt discrimination. The class will include guest speakers from impacted industries and viewing and critiquing excerpts of relevant film and TV programs. |
| Law 224.6 Selected Topics in Reproductive Justice 1 Units |
| Fall 2024: In-Person |
| Description: Fall 2024 Description: This course will cover a variety of timely issues related to the rights to have children, not to have children, and to parent the children one has with dignity and security. We will touch upon reproductive rights, focusing on the changes produced by Dobbs; we will then study the broader movement for reproductive justice, focusing on disparate access to reproductive health care, and the criminalization of and intervention in the procreative choices of marginalized groups. The syllabus will include diverse forms of writing, such as case excerpts, advocacy materials, and multi-disciplinary scholarship. Some class sessions will feature guest speakers who have been advocates or organizers for reproductive rights and justice, both in California and in more restrictive states. |
| Law 224.61 Pregnancy Criminalization 1 Units |
| Spring 2025: In-Person |
| Description: Spring 2025 Description: Last year, an Ohio prosecutor charged Brittany Watts with the archaic crime of felony abuse of a corpse after she experienced pregnancy loss in her home. A Nebraska mother pled guilty to multiple criminal charges after providing her teenage daughter with medication for an abortion. And Alabama prosecutors in certain districts have prioritized bringing criminal charges against people who use drugs, sometimes including prescription medications, while pregnant. These and other instances of pregnancy criminalization—criminal consequences relating to pregnancy status—are far from new, but they are spreading quickly, and they range from criminal investigations, to arrests for misdemeanor charges, to murder convictions. Ultimately, the implications of pregnancy criminalization will resonate far beyond the criminal realm. In this interactive one-unit course, we will discuss the historical roots of pregnancy criminalization in the U.S., especially the systematic targeting of poor Black women, and the fetal personhood movement that now undergirds much of the criminalization. We will discuss as well the structural aspects of our criminal system that facilitate criminal charges against pregnant people. We will examine prosecutors’ incentives to bring charges, the types of charges prosecutors bring, and the evidence used to support them. Lastly, we will explore the crippling toll these kinds of charges take on individuals and communities, develop some in-court challenges individuals might raise when facing such charges, and hopefully think through broader potential solutions. Assignments will include writing short reflections on our readings, crafting legal arguments to defend against some aspects of a criminal charge, and (depending on class size) giving an oral presentation on a relevant topic of interest. If you have any questions about the course, please do not hesitate to contact the instructor. |
| Law 225 Legislation and Statutory Interpretation 3 Units |
| Spring 2020: Remote due to COVID Fall 2020: Remote due to COVID Spring 2021: Remote due to COVID Spring 2022: In-Person Spring 2023: In-Person Fall 2023: In-Person Spring 2025: In-Person |
| Description: Spring 2020 Description: This course will introduce students to the legislative process and statutory interpretation. Statutes govern nearly every aspect of our society and our economy, and this course will give students the tools to understand how statutes come to be and how they are interpreted and applied in practice. The first portion of the course will focus on the legislative process, including Congress’s internal procedures and organization, limits on Congress’s authority, and the role of parties, committees, and interest groups in the lawmaking process. The second portion of the course will turn to statutory interpretation, including theories of statutory interpretation, the use of legislative history, and major canons of construction. The third portion of the class will examine how administrative agencies interpret statutes and the doctrine surrounding judicial deference to agency statutory interpretations. In exploring these topics, the course will reference cases and materials from many substantive areas of law, including criminal law, civil rights law, environmental law, labor and employment law, health care law, and national security law. The course will thus provide students with a small taste of many different areas of law. There are not, however, any prerequisites for the course, and students from all backgrounds are welcome. Fall 2020 Description: This course will introduce students to the legislative process and statutory interpretation. Statutes govern nearly every aspect of our society and our economy, and this course will give students the tools to understand how statutes come to be and how they are interpreted and applied in practice. The first portion of the course will focus on the legislative process, including Congress’s internal procedures and organization, limits on Congress’s authority, and the role of parties, committees, and interest groups in the lawmaking process. The second portion of the course will turn to statutory interpretation, including theories of statutory interpretation, the use of legislative history, and major canons of construction. The third portion of the class will examine how administrative agencies interpret statutes and the doctrine surrounding judicial deference to agency statutory interpretations. In exploring these topics, the course will reference cases and materials from many substantive areas of law, including criminal law, civil rights law, environmental law, labor and employment law, health care law, and national security law. The course will thus provide students with a small taste of many different areas of law. There are not, however, any prerequisites for the course. Spring 2021 Description: This course will introduce students to the legislative process and statutory interpretation. Statutes govern nearly every aspect of our society and our economy, and this course will give students the tools to understand how statutes come to be and how they are interpreted and applied in practice. Our discussion of the legislative process will touch on Congress’s internal procedures and organization, limits on Congress’s authority, and the role of parties, committees, and interest groups in the lawmaking process. Our discussion of statutory interpretation will cover theories of statutory interpretation, the use of legislative history, and major canons of construction. A third portion of the course will examine the role of statutory interpretations by administrative agencies and the doctrines surrounding judicial deference to these interpretations. In exploring these topics, we will consider cases and materials from many substantive areas of law, including all or most of criminal law, civil rights law, environmental law, labor and employment law, health care law, and national security law. The course will thus provide students with a small taste of many different areas of law. There are not, however, any prerequisites for the course, and students from all backgrounds are welcome. Spring 2022 Description: This course will introduce students to the legislative process and statutory interpretation, focusing on the latter subject. Statutes govern nearly every aspect of our society and our economy, and this course will give students the tools to understand how statutes come to be and how they are interpreted and applied in practice. We will spend our initial class meetings considering the perspective from which courts should interpret statutes. Courts often claim to interpret statutes from the perspective of an ordinary person, but statutes have technical language and often apply to heavily regulated areas of the economy. If the ordinary person perspective is unrealistic, we will consider whether the standard be that of an ordinary lawyer or member of Congress. Our focus will be on statutory interpretation done by the courts in the first instance. We will cover theories of statutory interpretation, the use of legislative history, and major canons of construction. We will also examine doctrines of judicial deference to administrative agencies' statutory interpretations. In exploring these topics, we will consider cases and materials from many substantive areas of law, including all or most of criminal law, civil rights law, environmental law, labor and employment law, health care law, and national security law. The course will thus provide students with a small taste of many different areas of law. There are not, however, any prerequisites for the course. Spring 2023 Description: This course will introduce students to the legislative process and statutory interpretation. Statutes govern nearly every aspect of our society and our economy, and this course will give students the tools to understand how statutes come to be and how they are interpreted and applied in practice. The first portion of the course will focus on the legislative process, including Congress’s internal procedures and organization, limits on Congress’s authority, and the role of parties, committees, and interest groups in the lawmaking process. The second portion of the course will turn to statutory interpretation, including theories of statutory interpretation, the use of legislative history, and major canons of construction. The third portion of the class will examine how administrative agencies interpret statutes and how courts approach agency statutory interpretations. In exploring these topics, the course will reference cases and materials from many substantive areas of law, including criminal law, civil rights law, environmental law, labor and employment law, health care law, and national security law. The course will thus provide students with a small taste of many different areas of law. There are not, however, any prerequisites for the course. Fall 2023 Description: This course will introduce students to the legislative process and statutory interpretation. Statutes govern nearly every aspect of our society and our economy, and this course will give students the tools to understand how statutes come to be and how they are interpreted and applied in practice. The first portion of the course will focus on the legislative process, including Congress’s internal procedures and organization, limits on Congress’s authority, and the role of parties, committees, and interest groups in the lawmaking process. The second portion of the course will turn to statutory interpretation, including theories of statutory interpretation, the use of legislative history, and major canons of construction. The third portion of the class will examine how administrative agencies interpret statutes and how courts approach agency statutory interpretations. In exploring these topics, the course will reference cases and materials from many substantive areas of law, including criminal law, civil rights law, environmental law, labor and employment law, and public health and safety law. The course will thus provide students with a small taste of many different areas of law. There are not, however, any prerequisites for the course. Spring 2025 Description: This course will introduce students to the legislative process and statutory interpretation. Statutes govern nearly every aspect of our society and our economy, and this course will give students the tools to understand how statutes come to be and how they are interpreted and applied in practice. The first portion of the course will focus on the legislative process, including Congress’s internal procedures and organization, limits on Congress’s authority, and the role of parties, committees, and interest groups in the lawmaking process. The second portion of the course will turn to statutory interpretation, including theories of statutory interpretation, the use of legislative history, and major canons of construction. The third portion of the class will examine how administrative agencies interpret statutes and how courts approach agency statutory interpretations. In exploring these topics, the course will reference cases and materials from many substantive areas of law, including criminal law, civil rights law, environmental law, labor and employment law, health care law, and national security law. The course will thus provide students with a small taste of many different areas of law. There are not, however, any prerequisites for the course. This course will tackle important and challenging questions in the spirit of open inquiry and free exchange of ideas. I welcome a wide range of viewpoints on these questions. Reasonable minds can differ on many of the issues that we will be discussing, and no ideas are immune from scrutiny. |
| Law 225.1 Law and Politics Foundation Seminar 3 Units |
| Spring 2022: In-Person Spring 2024: In-Person Fall 2024: In-Person |
| Description: Spring 2022 Description: This graduate seminar provides an introduction to the study of law and political science. The readings will begin with constitutionalism and the core institutions of American government (Congress, Presidency, judiciary, administrative state) before turning to consider democratic legitimacy as a descriptive and normative problem for scholars working on the intersection of law and politics. Readings will be drawn from twentieth century "classics" of political science and legal scholarship as well as more contemporary arguments and analyses that treat longstanding questions. No particular background is required beyond familiarity with the basic framework of American government. Spring 2024 Description: This graduate seminar provides an introduction to the study of law and politics. Although our touchstone for the course is the American legal system, we will also look at examples from legal systems around the world to gain insight onto how different political systems approach the core tasks of dispute resolution, legislation, and regulation. Over the course of the semester, we look at questions such as: What is the origin of rule of law and judicial independence? How do judges, regulators and other frontline officials make decisions? Under what conditions can law and courts create lasting political and social change? For PhD students, the course is designed to provide an overview of a number of meaty, important research questions and familiarize you with a range of research methods. This is a chance to uncover approaches and questions that echo your own interests and predilections. For law students, this course offers a chance to zoom out from case law to take a big picture look at how political considerations shape legal institutions, both in the United States and beyond. Getting ready for each week’s discussion will also provide excellent practice cutting through material to rapidly uncover - and evaluate - the core of an argument. Fall 2024 Description: This graduate seminar provides an introduction to the study of law and politics. We will focus in particular on how law and politics are interrelated and influence one another. Topics covered will include political institutions (Congress, the presidency, bureaucracy, and courts), political dynamics (public opinion, polarization, interest group dynamics), and the policymaking process. For doctoral students, the course is designed to provide an overview of a number of meaty, important research questions and familiarize you with a range of research methods. This is a chance to uncover approaches and questions that echo your own interests and predilections. For law students, this course offers a chance to zoom out from case law to take a big-picture look at how political considerations shape legal institutions, both in the United States and beyond. Getting ready for each week’s discussion will also provide excellent practice cutting through material to rapidly uncover -- and evaluate -- the core of an argument. |
| Law 225.11 Statutory Interpretation and Legislation Workshop 2 Units |
| Fall 2023: In-Person |
| Description: Fall 2023 Description: This course will be built around presentations of new scholarship about topics related to statutory interpretation and/or legislative process. The scholarship will be presented in person by guest speakers (with the proviso that some speakers may, for logistical or medical reasons, need to present remotely). Students will be provided each meeting's article in advance and expected to read and formulate questions for the speaker. Grades will be based on response papers. This course will be graded on a credit/no-credit basis. |
| Law 225.3 Interpretation in Constitutional and Statutory Law 1 Units |
| Fall 2020: Remote due to COVID |
| Description: Fall 2020 Description: How should we understand the language of the Constitution, and of statutes? Should we be originalists or living constitutionalists? (Or something else?) How much leeway do and should judges have in interpreting statutes? These are some of the biggest questions in law, and we will introduce and debate major approaches and controversies in answering them. Although we can only scratch the surface in a 1-unit course, we will discuss both big issues and concrete applications to specific cases. Besides covering really interesting issues, this course will also provide students a look behind the curtain of how to think about the critical topic of legal interpretation. This course meets every other Tuesday for 7 sessions beginning August 25th. This class is among the special Fall 2020 1L elective seminars designed to give entering 1Ls an extra opportunity to form connections despite our remote form of interaction. In light of that goal, these classes will expect real-time attendance and may not be recorded. These classes will all be graded on a Credit/No Credit basis and total written work requirement will be no more than 8 double-spaced pages. |
| Law 225.31 Introduction to Statutory Interpretation in the Regulatory State for 1Ls 1 Units |
| Spring 2022: In-Person |
| Description: Spring 2022 Description: The functioning of the law is based on how language is interpreted. This course focuses on the role of interpretation within the Regulatory State. Increasingly, governmental agencies have a primary role in interpreting our most important laws. We will consider how courts balance the judicial obligation ‘to say what the law is’ with the greater substantive expertise and democratic accountability of agencies. We will first consider fundamental issues of interpretation. These issues are constantly before the courts, even in relatively homogeneous, monolingual cultures. We will consider how the heterogeneous, multilingual nature of our society should impact legal interpretation. Thus, for instance, what does it mean for an “ordinary person” to have “fair notice” of the law? Is that a value courts should promote? Should a court interpret a legal text according to its “ordinary meaning”? Is there such a thing as “ordinary meaning,” and if so, how can an attorney or court identify it? How should the language of a law, such as a civil rights statute, be interpreted over time? Is it inevitable that such a law will be interpreted dynamically? We will consider how the interpretive power of agencies changes the answers we would otherwise give to the above questions. Professor Brian Slocum has a JD and a PhD in Linguistics and writes extensively on issues of legal interpretation. Recent articles include, The Meaning of Sex: Dynamic Words, Novel Applications, and Original Public Meaning, 119 Mich. L. Rev. 1503 (2021) (with William N. Eskridge Jr. & Stefan Th. Gries), and Statutory Interpretation from the Outside, Colum. L. Rev. (forthcoming, 2022) (with Kevin Tobia & Victoria Nourse). Prior to joining legal academia, Professor Slocum was a Trial Attorney in both the Civil and Criminal Divisions of the Department of Justice. |
| Law 225.32 Statutory Interpretation Seminar 2 Units |
| Fall 2022: In-Person |
| Description: Fall 2022 Description: This seminar will focus on theories of statutory interpretation and their implications for doctrine. We will consider the principal methodological rationales for approaches to statutory interpretation, as well as several additional topics: • Legislative intent, purpose and the Legal Process school • Textualism • Legislative process-based “decision theory” • Additional topics, e.g., including application of ideas to the recent Bostock v. Clayton County case Our principal focus will be on underlying methodological frameworks, and most of our reading will be scholarship in the field. Grades will be based primarily on writing requirements, and secondarily on class participation. Each student will be responsible for several short writing assignments during the semester. Half of these papers will involve posing a discussion questions about the coming week's reading and composing your own answers those questions. The other half will involve responding to questions posed by classmates. You will receive feedback to help you improve subsequent submissions. The first week when any students will do writing assignments will be for our third class meeting. Both the discussion questions you provide and your answers will play an important--hopefully, guiding!--role in our in-class discussions. It's fair to expect that students who are askers or responders in a given week will play lead roles in that week's discussion, but I expect all students to come to class prepared to participate in discussions each week, including on days when they have not written response papers. |
| Law 225.7 Topics in Health Insurance Law and Regulation 1 Units |
| Spring 2020: Remote due to COVID |
| Description: Spring 2020 Description: Private health insurance is the primary vehicle through which access to healthcare is assured in the United States. For this reason, the law and regulation of health insurance is of vital importance to a wide variety of different types of lawyers and public policy advocates. This topic is nonetheless often only covered tangentially in traditional law school classes like Insurance Law, Health Law, and Employee Benefits. This condensed class will survey major issues in the law and regulation of U.S. health insurance. Topics that may be covered (depending on time constraints) include (i) the Affordable Care Act (i.e. Obamacare) and its regulation of private health insurers, (ii) State regulation of private health insurers, (iii) ERISA's regulation of employer-sponsored health plans, and (iv) State and federal laws governing the resolution of health insurance coverage disputes (both through courts and via internal and external review of coverage decisions). The class will not cover issues related to public health insurance programs like Medicare and Medicaid and it will not assume that students have any particular background in health or insurance law. It will be geared in equal parts to developing a basic understanding of the technical legal and regulatory issues in covered topics and to discussing the insurance-specific policy issues surrounding health care reform. This course meets: Thursday, March 12th 6:25PM-9:25PM Friday, March 13th 10AM-12PM and 3:10PM-5:10PM Saturday, March 14th 9:30AM-12:30PM and 2:10PM-5:10PM |
| Law 225.81 Navigating US Healthcare Law 2 Units |
| Fall 2023: In-Person Fall 2024: In-Person |
| Description: Fall 2023 Description: This course is designed to provide students with an understanding of: (1) the legal structure of the U.S. healthcare system and the challenges that it faces with respect to the "Triple Aim" of high-quality patient care, population health, and affordability; and (2) alternative systems that advanced nations have developed to address similar challenges. Current health reform programs and proposals will be evaluated; and students will be introduced to the organizations that provide reliable data and evidence-based perspectives regarding healthcare policy. Finally, the various roles served by lawyers throughout the healthcare system will be discussed. This class will emphasize comparative research, presentation, and discussion skills. In small teams, students will research and present the health systems of certain countries, and collectively evaluate the merits and drawbacks of each in relation to the U.S. Two books will be used for the course: Sara E. Wilensky and Joel Teitelbaum, Essential of Health Policy and Law (Jones and Bartlett Learning, 5th Edition 2023); Mark Britnell, In Search of the Perfect Health System (Palgrave, 2015). Additionally, the class will refer to materials and data from various advocacy and public interest organizations, including: • ACHP (Alliance of Community Health Plans) • American Hospital Association • Commonwealth Fund • Health Affairs • International Federation of Health Plans • KFF (Kaiser Family Foundation) • National Library of Medicine (National Institutes of Health) Professor biographical information: Mark Zemelman was General Counsel (2010–2021) and Assistant General Counsel (1998–2010) of Kaiser Foundation Health Plan, Inc. (dba Kaiser Permanente). He is a national expert on health systems that integrate health delivery and financing, value-based care models, health care reform, and federal and state regulation of health systems. As General Counsel, Mark built one of the most diverse and inclusive legal departments in corporate America. He is a regular speaker at industry events and recently co-authored a book that offers practical guidance to corporations and public institutions regarding the implementation of diversity and equity programs. Fall 2024 Description: This course is designed to provide students with an understanding of: (1) the legal structure of the U.S. healthcare system and the challenges that it faces with respect to the "Triple Aim" of high-quality patient care, population health, and affordability; and (2) alternative systems that advanced nations have developed to address similar challenges. Current health reform programs and proposals will be evaluated; and students will be introduced to the organizations that provide reliable data and evidence-based perspectives regarding healthcare policy. Finally, the various roles served by lawyers throughout the healthcare system will be discussed. This class will emphasize comparative research, presentation, and discussion skills. Each student will research and present the health system of another country and evaluate the merits and drawbacks of each in relation to the U.S. A central focus of the course is how the U.S. healthcare system can be made more equitable. Two books will be used for the course: Sara E. Wilensky and Joel Teitelbaum, Essentials of Health Policy and Law (Jones and Bartlett Learning, 5th Edition 2023); Mark Britnell, In Search of the Perfect Health System (Palgrave, 2015). Additionally, the class will refer to materials and data from various advocacy and public interest organizations, including: • ACHP (Alliance of Community Health Plans) • American Hospital Association • Commonwealth Fund • Health Affairs • International Federation of Health Plans • KFF (Kaiser Family Foundation) • National Library of Medicine (National Institutes of Health) Professor biographical information: Mark Zemelman was General Counsel (2010–2021) and Assistant General Counsel (1998–2010) of Kaiser Foundation Health Plan, Inc. (dba Kaiser Permanente). He is a national expert on health systems that integrate health delivery and financing, value-based care models, health care reform, and federal and state regulation of health systems. As General Counsel, Mark built one of the most diverse and inclusive legal departments in corporate America. He is a regular speaker at industry events and recently co-authored a book that offers practical guidance to corporations and public institutions regarding the implementation of diversity and equity programs. |
| Law 226.11 Current Topics in National Security Law 1 Units |
| Spring 2020: Remote due to COVID Spring 2021: Remote due to COVID Spring 2022: In-Person Spring 2023: In-Person Spring 2024: In-Person |
| Description: Spring 2020 Description: National security law is often inaccessible, and can be particularly hard to follow when divorced from the context of historical tradition, governmental structures, and the operational reality in which it functions. This course will aim to present national security law in context, exposing students as much as possible to the real-world effects of applicable legal standards and rules. Topics will include the history of the U.S. Intelligence Community, privacy and surveillance, and the role of a national security lawyer in protecting the national security. Spring 2021 Description: This course examines the most pressing national security law issues of the day, introduces key domestic and international legal frameworks necessary to engage in law and policy debates, and provides practical perspectives on these topics. The course will analyze the roles of each of the branches of the U.S. federal government in matters of national security, examine the intersection of international and domestic law in this sphere, and provide an overview of the practice of national security law in the Executive Branch. Specific topics may be adjusted based on current events, but are likely to include the following: the War Powers Resolution of 1973, its implementation in practice, and proposals for reform; the scope of the 2001 Authorization for Use of Military Force and the “forever wars”; the powers and limits of Congress and the Judiciary to conduct national security oversight of the President; nuclear non-proliferation challenges, with a focus on North Korea and Iran; the ongoing conflicts in Syria and Yemen, including the legal status of the doctrine of humanitarian intervention and state responsibility for violations of the law of armed conflict; the legality of ongoing detention operations and military trials at Guantanamo Bay, Cuba; and key topics in cybersecurity, including election interference. Students will be expected to write a series of short papers for this course. Dr. Tess Bridgeman is a Senior Fellow at NYU Law School’s Center on Law and Security and Co-Editor in Chief of Just Security. Bridgeman served in the White House as Special Assistant to President Obama, Associate Counsel to the President, and Deputy Legal Adviser to the National Security Council (NSC), where she provided counsel on the full range of issues relating to the national security and foreign policy of the United States. Bridgeman previously served in the U.S. Department of State’s Office of the Legal Adviser, where she was Special Assistant to the Legal Adviser and, prior to that role, an Attorney Adviser in the Office of Political-Military Affairs, focusing on the law of armed conflict. Bridgeman clerked for Judge Thomas L. Ambro of the Third Circuit Court of Appeals. A Rhodes Scholar, Truman Scholar, and Gardner Fellow, Bridgeman has a D.Phil. in International Relations from Oxford University, a J.D. from NYU Law School, magna cum laude and Order of the Coif, which she attended as a Root-Tilden-Kern and Institute for International Law and Justice Scholar, and a B.A. from Stanford University. Spring 2022 Description: This course examines the most pressing national security law issues of the day, introduces key domestic and international legal frameworks necessary to engage in law and policy debates, and provides practical perspectives on these topics. The course will analyze the roles of each of the branches of the U.S. federal government in matters of national security, examine the intersection of international and domestic law in this sphere, and provide an overview of the practice of national security law in the Executive Branch. One or more class sessions will be reserved to cover new developments, and specific topics may be adjusted based on current events, but are likely to include the following: the War Powers Resolution of 1973, its implementation in practice, and proposals for reform; the scope of the 2001 Authorization for Use of Military Force and the “forever wars”; the powers and limits of Congress and the Judiciary to conduct national security oversight of the President; post-9/11 surveillance and intelligence collection; the use of domestic and multilateral sanctions; nuclear non-proliferation challenges, with a focus on North Korea and Iran; the legality of ongoing detention operations and military trials at Guantanamo Bay, Cuba; and key topics in cybersecurity, including election interference. Dr. Tess Bridgeman is a Senior Fellow & Visiting Scholar at NYU Law School’s Reiss Center on Law and Security and Co-Editor in Chief of Just Security. Bridgeman served in the White House as Special Assistant to President Obama, Associate Counsel to the President, and Deputy Legal Adviser to the National Security Council (NSC), where she provided counsel on the full range of issues relating to the national security and foreign policy of the United States. Bridgeman previously served in the U.S. Department of State’s Office of the Legal Adviser, where she was Special Assistant to the Legal Adviser and, prior to that role, an Attorney Adviser in the Office of Political-Military Affairs, focusing on the law of armed conflict. Bridgeman clerked for Judge Thomas L. Ambro of the Third Circuit Court of Appeals. A Rhodes Scholar, Truman Scholar, and Gardner Fellow, Bridgeman has a D.Phil. in International Relations from Oxford University, a J.D. from NYU Law School, magna cum laude and Order of the Coif, which she attended as a Root-Tilden-Kern and Institute for International Law and Justice Scholar, and a B.A. from Stanford University. Spring 2023 Description: This course examines the most pressing national security law issues of the day, introduces key domestic and international legal frameworks necessary to engage in law and policy debates, and provides practical perspectives on these topics. The course will analyze the roles of each of the branches of the U.S. federal government in matters of national security, examine the intersection of international and domestic law in this sphere, and provide an overview of the practice of national security law in the Executive Branch. One or more class sessions will be reserved to cover new developments, and specific topics may be adjusted based on current events, but may include the following: Russia’s invasion of Ukraine, including the international response; the War Powers Resolution of 1973, its implementation in practice, and pending proposals for reform; the scope of the 2001 Authorization for Use of Military Force and the “forever wars” after U.S. withdrawal from Afghanistan; the powers and limits of Congress and the Judiciary to conduct national security oversight of the President; the use of domestic and multilateral sanctions as a national security tool; nuclear non-proliferation challenges, with a focus on Iran; ongoing detention operations and military trials at Guantanamo Bay, Cuba, and President Biden’s efforts to finally close the facility; and key debates in cyber law. Dr. Tess Bridgeman is a Senior Fellow & Visiting Scholar at NYU Law School’s Reiss Center on Law and Security and Co-Editor in Chief of Just Security. Bridgeman served in the White House as Special Assistant to President Obama, Associate Counsel to the President, and Deputy Legal Adviser to the National Security Council (NSC), where she provided counsel on a broad range of issues relating to the national security and foreign policy of the United States. Bridgeman previously served in the U.S. Department of State’s Office of the Legal Adviser, where she was Special Assistant to the Legal Adviser and, prior to that role, an Attorney Adviser in the Office of Political-Military Affairs, focusing on the law of armed conflict. Bridgeman clerked for Judge Thomas L. Ambro of the Third Circuit Court of Appeals. A Rhodes Scholar, Truman Scholar, and Gardner Fellow, Bridgeman has a D.Phil. in International Relations from Oxford University, a J.D. from NYU Law School, magna cum laude and Order of the Coif, which she attended as a Root-Tilden-Kern and Institute for International Law and Justice Scholar, and a B.A. from Stanford University. Spring 2024 Description: This course examines the most pressing national security law issues of the day, introduces key domestic and international legal frameworks necessary to engage in law and policy debates, and provides practical perspectives on these topics. The course will analyze the roles of each of the branches of the U.S. federal government in matters of national security, including debates on the separation of powers, examine the intersection of international and domestic law in this sphere, and provide an overview of the practice of national security law in the Executive Branch. One or more class sessions will be reserved to cover new developments, and specific topics may be adjusted based on current events, but may include the following: Russia’s aggression against Ukraine, including the international response and debates over criminal accountability; China-Taiwan tensions and the U.S. defense posture; the War Powers Resolution of 1973, its implementation in practice, and pending proposals for reform; the scope of the 2001 Authorization for Use of Military Force and the “forever wars” after U.S. withdrawal from Afghanistan; the powers and limits of Congress and the Judiciary to conduct national security oversight of the President; the use of domestic and multilateral sanctions as a national security tool; nuclear non-proliferation challenges, with a focus on Iran; current debates on surveillance and intelligence collection; and key debates in cyber law. Dr. Tess Bridgeman is a Senior Fellow & Visiting Scholar at NYU Law School’s Reiss Center on Law and Security and Co-Editor in Chief of Just Security. Bridgeman served in the White House as Special Assistant to President Obama, Associate Counsel to the President, and Deputy Legal Adviser to the National Security Council (NSC), where she provided counsel on a broad range of issues relating to the national security and foreign policy of the United States. Bridgeman previously served in the U.S. Department of State’s Office of the Legal Adviser, where she was Special Assistant to the Legal Adviser and, prior to that role, an Attorney Adviser in the Office of Political-Military Affairs, focusing on the law of armed conflict. Bridgeman clerked for Judge Thomas L. Ambro of the Third Circuit Court of Appeals. A Rhodes Scholar, Harry S. Truman Scholar, and John Gardner Fellow, Bridgeman has a D.Phil. in International Relations from Oxford University, a J.D. from NYU Law School, magna cum laude and Order of the Coif, which she attended as a Root-Tilden-Kern and Institute for International Law and Justice Scholar, and a B.A. from Stanford University. |
| Law 226.12 Current Topics in Media Law 1 Units |
| Spring 2020: Remote due to COVID Spring 2021: Remote due to COVID Spring 2022: In-Person |
| Description: Spring 2020 Description: This course will explore both traditional and more modern challenges to press freedom, free expression, and media law in the Digital Age. Students will learn traditional governing doctrine regulating newsgathering and publication, including but not limited to defamation, copyright and privacy law; statutory and constitutional work product protections such as the Privacy Protection Act and the California as well as other journalist shield laws; prior restraint; and the protections from criminal liability for the receipt or publication of truthful information. The course will also focus on developments brought about by technology, including data collection tools as well as surveillance and encryption. It will discuss topics such as the impact of different forms of national security surveillance tools (including FRCP 41, FISA, and National Security Letters) on journalist-source relationships; and the role of foreign governments and non-nation state actors in the historically local endeavor of publishing the news. Last, the course will cover transparency laws such as federal and state public records laws. Students will analyze how these frameworks both shape, and are shaped by, politics, theory, markets, and technological change. They will engage with theoretical and historical texts, current case law, and contemporary best practices. Victoria Baranetsky is general counsel at The Center for Investigative Reporting. Previously, Baranetsky worked at the Wikimedia Foundation, and as a fellow at the Reporters Committee for Freedom of the Press and at The New York Times. After graduating from Harvard Law School she received a master’s degree in philosophy from Oxford University and clerked for the Honorable Rosemary Pooler of the Second Circuit. She holds a bachelor’s degree from Columbia University, a graduate degree from Columbia Journalism School, and currently, is an academic fellow at the Tow Center for Digital Journalism at Columbia University. She is barred in California, New York and New Jersey. Spring 2021 Description: This course will explore both traditional and more modern challenges to press freedom, free expression, and media law. Students will learn traditional governing doctrine regulating newsgathering and publication, including but not limited to defamation, copyright and privacy law; statutory and constitutional work product protections as well as other journalist shield laws; prior restraint; and the protections from criminal liability for the receipt or publication of truthful information. The course will also focus on developments brought about by technology, including data collection tools as well as surveillance and encryption. It will discuss topics such as the impact of different forms of national security surveillance tools (including FRCP 41, FISA, and National Security Letters) on journalist-source relationships; and the role of foreign governments and non-nation state actors in the historically local endeavor of publishing the news. Last, the course will cover transparency laws such as federal and state public records laws. Perhaps the most important aim of this course is to uncover how these frameworks both shape, and are shaped by, politics, theory, markets, and technological change. The class will substantively engage with theoretical and historical texts, established as well as current case law, and evolving best practices. Victoria Baranetsky is general counsel at The Center for Investigative Reporting. Previously, Baranetsky worked at the Wikimedia Foundation, the Reporters Committee for Freedom of the Press and The New York Times. After graduating from Harvard Law School she received a master’s degree in philosophy from Oxford University and clerked for the Honorable Rosemary Pooler of the Second Circuit. She holds a bachelor’s degree from Columbia University, a graduate degree from Columbia Journalism School, and currently, is an academic fellow at the Tow Center for Digital Journalism at Columbia University. She is barred in California, New York and New Jersey. Spring 2022 Description: This course will explore both traditional and more modern challenges to press freedom, free expression, and media law. Students will learn traditional governing doctrine regulating newsgathering and publication, including but not limited to defamation, copyright and privacy law as well as journalist shield laws and prior restraint. While accounting for these legal doctrines, the course will also focus on developments brought about by technology, including data collection tools as well as surveillance and encryption. It will discuss topics such as the impact of different forms of national security surveillance tools; and the role of foreign governments and non-nation state actors. Last, the course will cover transparency laws such as federal and state public records laws. Perhaps the most important aim of this course is to uncover how these frameworks both shape, and are shaped by, politics, theory, and technological change. The class will substantively engage with theoretical and historical texts, established as well as current case law, and evolving best practices. Victoria Baranetsky is general counsel at The Center for Investigative Reporting. Previously, Baranetsky worked at the Wikimedia Foundation, the Reporters Committee for Freedom of the Press and The New York Times. After graduating from Harvard Law School she received a master’s degree in philosophy from Oxford University and clerked on the Second Circuit. She holds a bachelor’s degree from Columbia University, a graduate degree from Columbia Journalism School, and currently, is an academic fellow at the Tow Center for Digital Journalism at Columbia University. She is barred in California, New York and New Jersey. Geoffrey King is the chief executive officer of Informed California Foundation and the executive editor of its first project, the independent nonprofit newsroom Open Vallejo. Prior to founding Informed California Foundation, King led the global technology program at the Committee to Protect Journalists, a nonprofit organization that advocates for press freedom worldwide. King previously worked as a First Amendment litigator representing journalists, activists and artists in free expression and open government matters, and he has taught an undergraduate privacy law course at UC Berkeley since 2011. King earned his bachelor’s degree from UC Berkeley and his JD from Stanford Law School. He is a member of the California Bar. |
| Law 226.13 National Security Law: A Practitioner's Perspective 1 Units |
| Fall 2021: In-Person Spring 2023: In-Person Spring 2024: In-Person Spring 2025: In-Person |
| Description: Fall 2021 Description: National security law is often inaccessible, and can be particularly hard to follow when divorced from the context of historical tradition, governmental structures, and the operational reality in which it functions. This course will aim to present national security law in context, exposing students as much as possible to the real-world effects of applicable legal standards and rules. Topics will include the history of the U.S. Intelligence Community, privacy and surveillance, and the role of a national security lawyer in protecting national security within the rule of law. Spring 2023 Description: National security law is often inaccessible, and can be particularly hard to follow when divorced from the context of historical tradition, governmental structures, and the operational reality in which it functions. This course will aim to present national security law in context, exposing students as much as possible to the real-world effects of applicable legal standards and rules. Topics will include the history of the U.S. Intelligence Community, privacy and surveillance, and the role of a national security lawyer in protecting national security within the rule of law. Spring 2024 Description: National security law is often inaccessible, and can be particularly hard to follow when divorced from the context of historical tradition, governmental structures, and the operational reality in which it functions. This course will aim to present national security law in context, exposing students as much as possible to the real-world effects of applicable legal standards and rules. Topics will include the history of the U.S. Intelligence Community, privacy and surveillance, and the role of a national security lawyer in protecting national security within the rule of law. We also have special academic rules for these condensed courses: -Students must attend each course session and cannot attend any course session remotely (even for illness or emergency situations). -The Registrar’s Office will drop a student who does not attend each course session. Due to the condensed nature of this course, in-person attendance at all course sessions is mandatory. Absences cannot be excused for any reason, including illness or emergencies. The Registrar’s Office will drop any student who misses a session. Spring 2025 Description: National security law is often inaccessible and can be particularly hard to follow when divorced from the context of historical tradition, governmental structures, and the operational reality in which it functions. This course will present national security law in context, exposing students as much as possible to the real-world effects of applicable legal standards and rules. Topics will include the history of the U.S. Intelligence Community, privacy and surveillance, and the role of a national security lawyer in protecting national security within the rule of law. We also have special academic rules for these condensed courses: -Students must attend each course session and cannot attend any course session remotely (even for illness or emergency situations). -The Registrar’s Office will drop a student who does not attend each course session. Due to the condensed nature of this course, in-person attendance at all course sessions is mandatory. Absences cannot be excused for any reason, including illness or emergencies. The Registrar’s Office will drop any student who misses a session. |
| Law 226.14 Law in Media 2 Units |
| Fall 2023: In-Person |
| Description: Fall 2023 Description: This seminar will explore the role of law in and impact of law on the news media. In our class discussions, we will grapple with questions such as, how do journalists address and explain law to a lay audience? How do lawyers work with and speak to journalists? How do journalists get information and how do news media organizations navigate potential legal obstacles to publishing? What can lawyers learn from journalists about telling a story? In search of answers, we will explore how the law is presented in the media, how the news media describes legal reasoning and describes lawyers, how lawyers speak to the media, and how law enables and undermines newsgathering. Each week we will address a different aspect of the complex relationship between law and media, focusing initially on lawfully obtaining and publishing information, then examining media portrayals of judicial opinions and of the legal profession, among other topics. Students will have an opportunity to discuss and comment both on judicial opinions and on the media coverage of law and legal institutions in class discussions and in response essays written over the semester. |
| Law 226.15 Truth, Proof, and Evidence: Comparing Courtroom, Politics, News, Lab, and Church 2 Units |
| Spring 2024: In-Person |
| Description: Spring 2024 Description: Discerning the truth could be all-consuming and is often impossible. Is the defendant innocent? Which candidates are most committed to combating climate change? Has the journalist faithfully reported what happened and why? Is the vaccine safe and effective? Should we use phonics to teach reading? When can or should we decide with evidence and when with scripture or faith? When should we expect that people will determine truth using the same decision rules? This multidisciplinary seminar will explore how context shapes the concepts of truth, proof, and evidence. The differences influence how we adjudicate justice, construct public policy, and engage in politics. More practically, these concepts guide how we persuade one another or mediate disagreements, be they civic or personal. The four central topics are how decision-makers might benefit from understanding decision-making in other settings, how society might promote truthfulness in matters of public import, when might truth not be so important in public life, and, specifically, the degree to which a successful democracy requires truth. Guest speakers will include academic and civic thought leaders. After taking this course, students will be better able to appreciate the complexity of evidence-based decision-making in public and private domains. Grades will be based on class participation and two papers: one will be a response paper to the readings and the other, a paper on a course topic of their choice. Non-J.D. graduate students are invited to enroll, with the instructor's permission. |
| Law 226.1T Local Government Law 3 Units |
| Spring 2023: In-Person Spring 2024: In-Person Spring 2025: In-Person |
| Description: Spring 2023 Description: Local government entities provide essential services and shape much of our contemporary daily life. In this course we will study the source, scope, and limits of local government power—specifically the law that governs counties, cities, and special districts. We will examine federalism, government formation, governmental liability, zoning, educational equity, and public finance. We will examine the relationship between states and local entities, conflicts between neighboring public entities, the relationship between local government and the individuals and communities both within and around these entities. We will discuss the capacity for local governments to engage constituents and neighbors and to be responsive democratic communities, as well as the impact of local governments on the regional metropolitan political economy. Using the casebook Local Government Law by Frug, Ford and Barron, and related readings from planning and public policy literature, this course will examine the social-equitable impact of this body of law—specifically addressing themes of race, gender, and class to understand how local governance is both structured and experienced. Students will write a 12-15 page paper. About the instructor: Eric Casher is a Principal at Meyers Nave and former Chair of the firm's Public Law Practice Group and Diversity Committee. Eric currently serves as City Attorney for the City of Pinole, and General Counsel for the East Bay Dischargers Authority. Eric was California Attorney General Kamala Harris' appointee to the California Fair Political Practices Commission where he served a four-year term. Eric is a Co-Chair of the Board of Directors of the California Minority Counsel Program, and former President of the Charles Houston Bar Association and California ChangeLawyers. Eric is an active member of the League of California Cities having served on the League's Legal Advocacy Committee, FPPC Subcommittee, and Advancing Equity Advisory Committee. Eric is a graduate of UC Hastings College of the Law, and UC Berkeley undergrad. Spring 2024 Description: Local government entities provide essential services and shape much of our contemporary daily life. In this course we will study the source, scope, and limits of local government power-specifically the law that governs counties, cities, and special districts. We will examine federalism, government formation, governmental liability, zoning, educational equity, and public finance. We will examine the relationship between states and local entities, conflicts between neighboring public entities, the relationship between local government and the individuals and communities both within and around these entities. We will discuss the capacity for local governments to engage constituents and neighbors and to be responsive democratic communities, as well as the impact of local governments on the regional metropolitan political economy. Using the casebook Local Government Law by Frug, Ford and Barron, and related readings from planning and public policy literature, this course will examine the social-equitable impact of this body of law-specifically addressing themes of race, gender, and class to understand how local governance is both structured and experienced. Students will write a 15-20 page paper. About the instructor: Eric Casher is a Principal at Meyers Nave and former Chair of the firm's Government and Regulatory Affairs Practice Group and Diversity Committee. Eric currently serves as City Attorney for the City of Pinole, and General Counsel for the East Bay Dischargers Authority. Eric was California Attorney General Kamala Harris' appointee to the California Fair Political Practices Commission where he served a four-year term. Eric is a Co-Chair of the Board of Directors of the California Minority Counsel Program, and former President of the Charles Houston Bar Association and California ChangeLawyers. Eric is an active member of the League of California Cities having served on the League's Legal Advocacy Committee, FPPC Subcommittee, and Advancing Equity Advisory Committee. Eric is the Ninth Circuit representative on the American Bar Association Standing Committee on the Federal Judiciary. Eric is a graduate of UC Law San Francisco, and UC Berkeley undergrad. Spring 2025 Description: Local government entities provide essential services and shape much of our contemporary daily life. In this course, we will study the source, scope, and limits of local government power-specifically the law that governs counties, cities, and special districts. We will examine federalism, government formation, governmental liability, zoning, educational equity, and public finance. We will examine the relationship between states and local entities, conflicts between neighboring public entities, the relationship between local government and the individuals and communities both within and around these entities. We will discuss the capacity of local governments to engage constituents and neighbors and to be responsive democratic communities, as well as the impact of local governments on the regional metropolitan political economy. Using the casebook Local Government Law by Frug, Ford and Barron, and related readings from planning and public policy literature, this course will examine the social-equitable impact of this body of law - specifically addressing themes of race, gender, and class to understand how local governance is both structured and experienced. Students will write a 15-20 page paper. About the instructor: Eric Casher is a Founding Partner at Redwood Public Law, LLP. Eric currently serves as City Attorney for the City of Pinole, and General Counsel for the East Bay Dischargers Authority. Eric was California Attorney General Kamala Harris' appointee to the California Fair Political Practices Commission where he served a four-year term. Eric is a former Co-Chair of the Board of Directors of the California Minority Counsel Program, and former President of the Charles Houston Bar Association and California ChangeLawyers. Eric is an active member of the League of California Cities having served on the League's Legal Advocacy Committee, FPPC Subcommittee, and Advancing Equity Advisory Committee. Eric is a former Ninth Circuit representative on the American Bar Association Standing Committee on the Federal Judiciary. Eric is a graduate of UC Law San Francisco, and UC Berkeley undergrad. |
| Law 226.2 Foreign Relations Law 2 Units |
| Fall 2020: Remote due to COVID Spring 2024: In-Person Spring 2025: In-Person |
| Description: Fall 2020 Description: The course examines the law governing the conduct of American foreign relations. First, we will consider the distribution of the foreign affairs power between the executive, legislative, and judicial branches. Special attention will be given to the original understanding of the foreign affairs power and how the constitutional design has (or has not) changed over time. Second, we will examine the statutory distribution of authority in foreign affairs. The course will conclude with a review of legal constraints on the foreign affairs power imposed by the states, the judiciary, and by international law. Spring 2024 Description: Are foreign relations and security matters unique? Should they receive exceptional legal treatment, as they often do today? What doctrines and concepts govern the conduct of U.S. foreign relations law, and how well do they address the challenges of modern foreign affairs and national security practice? This course will consider these questions while providing a comprehensive introduction to U.S. foreign relations law. We will cover the constitutional allocation of foreign relations powers among government branches and how it has evolved over time, the intersection of U.S. domestic law and public international law, use of force, the formation, implementation, and termination of international agreements, international trade and economic statecraft, foreign affairs federalism, and new questions related to the growing role of technology in security and international affairs. Spring 2025 Description: Are foreign relations and security matters unique? Should they receive exceptional legal treatment, as they often do today? What doctrines and concepts govern the conduct of U.S. foreign relations law, and how well do they address the challenges of modern foreign affairs and national security practice? This course will consider these questions while providing a comprehensive introduction to U.S. foreign relations law. We will cover the constitutional allocation of foreign relations powers among government branches and how it has evolved over time, the intersection of U.S. domestic law and public international law, the use of force, the formation, implementation, and termination of international agreements, international trade and economic statecraft, foreign affairs federalism, and new questions related to the growing role of technology in security and international affairs. |
| Law 226.4 Regulated Digital Industries: Telecommunications Law & Policy for a Modern Era 4 Units |
| Spring 2020: Remote due to COVID Spring 2022: In-Person Fall 2023: In-Person |
| Description: Spring 2020 Description: The telecommunications industry (including internet-related services) is one of the largest and most influential sectors of the economy. It is also the site of one our most complex legal regimes, blending features of administrative law, antitrust law, and constitutional law, among others. How should we regulate the interconnections between the networks that make telephone and internet communication possible? How should we allocate scarce spectrum resources? Should we require internet service providers to comply with net neutrality rules? What, if anything, should government do to ensure media representation of diverse voices? How do copyright concerns interact with broadcast regulation? The answers to these questions directly impact the structure of the telecommunications industry. More fundamentally, these questions implicate matters of distribution, efficiency, fairness, monopoly power, and the structure of government. This course examines these issues through a study of some of the foundational questions and modern conflicts in domestic (U.S.) telecommunications law and internet policy. Spring 2022 Description: The telecommunications industry (including internet-related services) is one of the largest and most influential sectors of the economy. It is also the site of one of our most complex legal regimes, blending features of administrative law, antitrust law, and constitutional law, among others. Should we require internet service providers to comply with net neutrality rules? What, if anything, should government do to ensure media representation of diverse voices? How should we regulate the content moderation practices of large platforms? How do copyright and accessibility concerns interact with video content platforms? And how do prior regulatory scheme inform modern legal practices? The answers to these questions directly impact the structure of the telecommunications industry. More fundamentally, these questions implicate matters of distribution, efficiency, fairness, monopoly power, and the structure of government. This course examines these issues through a study of some of the foundational questions and modern conflicts in domestic (U.S.) telecommunications law and internet policy. Fall 2023 Description: The telecommunications industry (including internet-related services) is one of the largest and most influential sectors of the economy. It is also the site of one of our most complex legal regimes, blending features of administrative law, antitrust law, and constitutional law, among others. Should we require internet service providers to comply with net neutrality rules? What, if anything, should government do to ensure media representation of diverse voices? How should we regulate the content moderation practices of large platforms? How do copyright and accessibility concerns interact with video content platforms? And how do prior regulatory scheme inform modern legal practices? The answers to these questions directly impact the structure of the telecommunications industry. More fundamentally, these questions implicate matters of distribution, efficiency, fairness, monopoly power, and the structure of government. This course examines these issues through a study of some of the foundational questions and modern conflicts in domestic (U.S.) telecommunications law and internet policy. |
| Law 226.4S Regulated Digital Industries 3 Units |
| Summer 2021: Hybrid Summer 2022: In-Person Summer 2023: In-Person Summer 2024: In-Person Summer 2025: In-Person |
| Description: Summer 2021 Description: The telecommunications industry (including internet-related services) is one of the largest and most influential sectors of the U.S. economy. It is also the site of one its most complex legal regimes, blending features of administrative law, antitrust law, and constitutional law, among others. How should we regulate the interconnections between the networks that make telephone and internet communication possible? How should we allocate scarce spectrum resources? Should we require internet service providers to comply with net neutrality rules? What, if anything, should government do to ensure media representation of diverse voices? How do copyright concerns interact with broadcast regulation? The answers to these questions directly impact the structure of the telecommunications industry. More fundamentally, these questions implicate matters of distribution, efficiency, fairness, monopoly power, and the structure of government. This course examines these issues through a study of some of the foundational questions and modern conflicts in domestic (U.S.) telecommunications law and internet policy. This course will meet in-person on campus on July 28th, July 29th, July 30th, August 2nd, and August 3rd in room 110. Summer 2022 Description: The telecommunications industry (including internet-related services) is one of the largest and most influential sectors of the U.S. economy. It is also the site of one its most complex legal regimes, blending features of administrative law, antitrust law, and constitutional law, among others. How should we regulate the interconnections between the networks that make telephone and internet communication possible? How should we allocate scarce spectrum resources? Should we require internet service providers to comply with net neutrality rules? What, if anything, should government do to ensure media representation of diverse voices? How do copyright concerns interact with broadcast regulation? The answers to these questions directly impact the structure of the telecommunications industry. More fundamentally, these questions implicate matters of distribution, efficiency, fairness, monopoly power, and the structure of government. This course examines these issues through a study of some of the foundational questions and modern conflicts in domestic (U.S.) telecommunications law and internet policy. Summer 2023 Description: The telecommunications industry (including internet-related services) is one of the largest and most influential sectors of the U.S. economy. It is also the site of one its most complex legal regimes, blending features of administrative law, antitrust law, and constitutional law, among others. How should we regulate the interconnections between the networks that make telephone and internet communication possible? How should we allocate scarce spectrum resources? Should we require internet service providers to comply with net neutrality rules? What, if anything, should government do to ensure media representation of diverse voices? How do copyright concerns interact with broadcast regulation? The answers to these questions directly impact the structure of the telecommunications industry. More fundamentally, these questions implicate matters of distribution, efficiency, fairness, monopoly power, and the structure of government. This course examines these issues through a study of some of the foundational questions and modern conflicts in domestic (U.S.) telecommunications law and internet policy. Summer 2024 Description: The telecommunications industry (including internet-related services) is one of the largest and most influential sectors of the U.S. economy. It is also the site of one its most complex legal regimes, blending features of administrative law, antitrust law, and constitutional law, among others. How should we regulate the interconnections between the networks that make telephone and internet communication possible? How should we allocate scarce spectrum resources? Should we require internet service providers to comply with net neutrality rules? What, if anything, should government do to ensure media representation of diverse voices? How do copyright concerns interact with broadcast regulation? The answers to these questions directly impact the structure of the telecommunications industry. More fundamentally, these questions implicate matters of distribution, efficiency, fairness, monopoly power, and the structure of government. This course examines these issues through a study of some of the foundational questions and modern conflicts in domestic (U.S.) telecommunications law and internet policy. Summer 2025 Description: The telecommunications industry (including internet-related services) is one of the largest and most influential sectors of the U.S. economy. It is also the site of one of its most complex legal regimes, blending features of administrative law, antitrust law, and constitutional law, among others. How should we regulate the interconnections between the networks that make telephone and internet communication possible? How should we allocate scarce spectrum resources? Should we require internet service providers to comply with net neutrality rules? What, if anything, should the government do to ensure media representation of diverse voices? How do copyright concerns interact with broadcast regulation? The answers to these questions directly impact the structure of the telecommunications industry. More fundamentally, these questions implicate matters of distribution, efficiency, fairness, monopoly power, and the structure of government. This course examines these issues through a study of some of the foundational questions and modern conflicts in domestic (U.S.) telecommunications law and internet policy. Tejas N. Narechania is a Professor of Law at Berkeley Law. His scholarly focus is on the institutions of technology law and policy (including, for example, telecommunications regulation, platform governance, and intellectual property), among other subjects. He is also a Faculty Co-Director of the Berkeley Center for Law & Technology. Before joining Berkeley Law, Professor Narechania clerked for Justice Stephen G. Breyer of the Supreme Court of the United States (2015–2016) and for Judge Diane P. Wood of the U.S. Court of Appeals for the Seventh Circuit (2011–2012). He has advised the Federal Communications Commission on network neutrality matters, where he served as Special Counsel (2012–2013). He has a J.D. from Columbia Law School, where he earned the Ruth Bader Ginsburg Prize and was the Executive Notes Editor of the Columbia Law Review. He also has a B.S. (Electrical Engineering and Computer Science) and a B.A. (Political Science) from the University of California, Berkeley. Professor Narechania’s research projects have appeared in the California Law Review (and the California Law Review Online), the Columbia Law Review (and the Columbia Law Review Forum), and the Michigan Law Review (and the Michigan Law Review Online), among other outlets. His projects have been cited by the White House, in the work of the Supreme Court and the federal Courts of Appeals, as well as in the New York Times and the Washington Post, among other venues. |
| Law 226.8 Strategic Constitutional Litigation in Property Rights and Economic Liberty 1 Units |
| Fall 2020: Remote due to COVID Fall 2021: In-Person Fall 2022: In-Person |
| Description: Fall 2020 Description: SEMINAR This class is designed to give students hands-on training and experience in strategic constitutional litigation focused on property rights and economic liberty. Conducted in cooperation with the Pacific Legal Foundation, this seminar provides insight to substantive legal theories and litigation strategy for developing precedent setting cases. We will cover substantive legal doctrines related to property rights, such as the Takings Clause of the Fifth Amendment, and new areas involving the Due Process Clause and economic liberty. Students may take this seminar on it's own or with the practicum (Law 226.8A). Students interested in taking the practicum must enroll in this seminar and should attend the first day of the seminar. At the first session of the seminar, the cases and issues available for the practicum will be presented to the students for their consideration. The instructor will provide the class number to those students interested in enrolling the practicum. At the conclusion of the seminar class, interested students will then begin the practicum. This course will have 7 class meetings. To allow for a makeup classes because of unforeseen circumstances this course has 2 automatic make-up classes scheduled. Students must be able to attend all 9 scheduled meetings to earn credit. The instructor, John Groen, first taught this course in Fall 2018 and has refined the reading assignments to better fit a one unit class. He has extensive experience in public interest litigation before all levels of federal and state courts including the Supreme Court of the United States. As a public interest lawyer, he brings a passion for his work and seeks to convey to students the strategies, obstacles and excitement in developing constitutional precedent. Fall 2021 Description: SEMINAR This class is designed to give students experience in strategic constitutional litigation focused on property rights and economic liberty. Conducted in cooperation with the Pacific Legal Foundation, this seminar will use pending and recent Supreme Court petitions and merits briefs to provide insight to substantive legal theories and litigation strategy for developing precedent setting cases. We will cover substantive legal doctrines related to property rights with particular focus on the Takings Clause of the Fifth Amendment. Students may take this seminar on it's own or with the practicum (Law 226.8A). Students interested in taking the practicum must enroll in this seminar and should attend the first day of the seminar. At the first session of the seminar, the cases and issues available for the practicum will be presented to the students for their consideration. The instructor will provide the class number to those students interested in enrolling the practicum. At the conclusion of the seminar class, interested students will then begin the practicum. The instructor, John Groen, first taught this course in Fall 2018 and has refined the reading assignments to better fit a one unit class. He has extensive experience in public interest litigation before all levels of federal and state courts including the Supreme Court of the United States. As a public interest lawyer, he brings a passion for his work and seeks to convey to students the strategies, obstacles and excitement in developing constitutional precedent. Fall 2022 Description: SEMINAR This class is designed to give students experience in strategic constitutional litigation focused on property rights and economic liberty. Conducted in cooperation with the Pacific Legal Foundation, this seminar will use pending and recent Supreme Court petitions and merits briefs to provide insight to substantive legal theories and litigation strategy for developing precedent setting cases. We will cover substantive legal doctrines related to property rights with particular focus on the Takings Clause of the Fifth Amendment. Students may take this seminar on it's own or with the practicum (Law 226.8A). Students interested in taking the practicum must enroll in this seminar and should attend the first day of the seminar. At the first session of the seminar, the cases and issues available for the practicum will be presented to the students for their consideration. The instructor will provide the class number to those students interested in enrolling the practicum. At the conclusion of the seminar class, interested students will then begin the practicum. The instructor, John Groen, first taught this course in Fall 2018 and has refined the reading assignments to better fit a one unit class. He has extensive experience in public interest litigation before all levels of federal and state courts including the Supreme Court of the United States. As a public interest lawyer, he brings a passion for his work and seeks to convey to students the strategies, obstacles and excitement in developing constitutional precedent. |
| Law 226.8A Strategic Constitutional Litigation in Property Rights and Economic Liberty Practicum 1 - 2 Units |
| Fall 2020: Remote due to COVID Fall 2021: In-Person Fall 2022: In-Person Fall 2023: In-Person Instruction |
| Description: Fall 2020 Description: This course is offered in conjunction with the seminar Strategic Constitutional Litigation in Property Rights and Economic Liberty (Law 226.8). Students interested in the practicum must enroll in the companion seminar, Law 226.8 sec. 1(Seminar) during their enrollment and should attend the first day of the seminar. At the first session of the seminar, the cases and issues available for the practicum will be presented to the students for their consideration. The instructor will provide the class number to those students interested in enrolling the practicum. At the conclusion of the seminar class, interested students will then begin the practicum. Students enrolled in this practicum will work with attorneys at the Pacific Legal Foundation on current cases involving strategic constitutional litigation. Using modern communications technology, students will join a case litigation team to gain experience with actual cases pending before the Supreme Court of the United States, or other appellate courts, on matters related to property rights and economic liberty, and particularly the Takings Clause of the Fifth Amendment. Free speech or equal protection cases may also be available for practicum depending on student interest and litigation schedules. Along with substantive legal doctrines, students will gain experience on best practices for client and issue selection, the basics of civil rights litigation, effective brief writing for public interest litigation, the role of amicus curiae briefs, and integrating media and public outreach with litigation strategy. The instructor, John Groen, will coordinate the practicum and teach the associated seminar. This practicum was first offered in Fall, 2018, and students had a variety of experiences with most working directly on cases and briefs pending before the Supreme Court. Similar opportunities are expected for Fall, 2020. Fall 2021 Description: This course is offered in conjunction with the seminar Strategic Constitutional Litigation in Property Rights and Economic Liberty (Law 226.8). Students interested in the practicum must enroll in the companion seminar, Law 226.8 sec. 1(Seminar) during their enrollment and should attend the first day of the seminar. At the first session of the seminar, the cases and issues available for the practicum will be presented to the students for their consideration. The instructor will provide the class number to those students interested in enrolling the practicum. Students enrolled in this practicum will work with attorneys at the Pacific Legal Foundation on current cases involving strategic constitutional litigation. Using internet communications technology, students will join a case litigation team to gain experience with actual cases pending before the Supreme Court of the United States, or other appellate courts, on matters related to property rights and economic liberty, and particularly the Takings Clause of the Fifth Amendment. Free speech or equal protection cases may also be available for practicum depending on student interest and litigation schedules. Along with substantive legal doctrines, students will gain experience on best practices for client and issue selection, the basics of civil rights litigation, effective brief writing for public interest litigation, the role of amicus curiae briefs, and integrating media and public outreach with litigation strategy. The instructor, John Groen, will coordinate the practicum and teach the associated seminar. This practicum was first offered in Fall, 2018, and since then students have had a variety of experiences with most working directly on cases and briefs pending before the Supreme Court. Similar opportunities are expected for Fall, 2021. Fall 2022 Description: This course is offered in conjunction with the seminar Strategic Constitutional Litigation in Property Rights and Economic Liberty (Law 226.8). Students interested in the practicum must enroll in the companion seminar, Law 226.8 sec. 1(Seminar) during their enrollment and should attend the first day of the seminar. At the first session of the seminar, the cases and issues available for the practicum will be presented to the students for their consideration. The instructor will provide the class number to those students interested in enrolling the practicum. Students enrolled in this practicum will work with attorneys at the Pacific Legal Foundation on current cases involving strategic constitutional litigation. Using internet communications technology, students will join a case litigation team to gain experience with actual cases pending before the Supreme Court of the United States, or other appellate courts, on matters related to property rights and economic liberty, and particularly the Takings Clause of the Fifth Amendment. Free speech or equal protection cases may also be available for practicum depending on student interest and litigation schedules. Along with substantive legal doctrines, students will gain experience on best practices for client and issue selection, the basics of civil rights litigation, effective brief writing for public interest litigation, the role of amicus curiae briefs, and integrating media and public outreach with litigation strategy. The instructor, John Groen, will coordinate the practicum and teach the associated seminar. This practicum was first offered in Fall, 2018, and since then students have had a variety of experiences with most working directly on cases and briefs pending before the Supreme Court. Similar opportunities are expected for Fall 2022. Fall 2023 Description: empty |
| Law 226.9 State and Local Impact Litigation Practicum Seminar 2 Units |
| Spring 2020: Remote due to COVID Fall 2020: Remote due to COVID Fall 2021: In-Person Fall 2022: In-Person Fall 2023: In-Person Fall 2024: In-Person |
| Description: Spring 2020 Description: Over the past decade, state and local governments have begun to proactively enforce their residents’ rights in areas as diverse as environmental justice, civil rights, immigration, reproductive freedom, and economic empowerment. This seminar will provide students with both a foundation in state and local government law and in complex/impact litigation. Students will learn about when, how, and why the government litigates as a Plaintiff on behalf of itself and its residents, and how affirmative litigation by state and local government differs from litigation brought by private individuals and non-profit groups. Specific case studies will frame discussions about the role of cities and states in our federal system, the opportunities and risks posed by affirmative litigation, the relationship between affirmative litigation and policy-making, and the strategic considerations unique to government litigation. Classroom materials will combine academic, statutory, and case law materials with trial-court and appellate pleadings in selected cases brought by state and local governments. The practicum component of the course will provide an opportunity for students to apply the materials to real case examples from local governments across the country. Erin Bernstein is a Supervising Deputy City Attorney at the Oakland City Attorney’s Office, heading the Community Lawyering and Civil Rights Unit (CLCR). Ms. Bernstein previously served as a Deputy City Attorney in the San Francisco City Attorney's Office, working as a litigator on that office’s Complex and Affirmative Litigation Team. She also served as the Executive Director of the office's Affirmative Litigation Task Force. Erin specializes in reproductive rights, First Amendment, public health and privacy-related cases, and has litigated issues including marriage equality, gender discrimination, public nuisance and abortion rights in both state and federal courts. Erin has been a regular guest lecturer for Yale Law School's popular San Francisco Affirmative Litigation Project (SFALP) course, a lecturer at Berkeley Law School, and in the spring of 2016, joined the Yale Law School faculty as a Visiting Lecturer in Law. Jill Habig is the Founder and President of the Public Rights Project, an organization dedicated to empowering state and local governments to enforce the legal rights of their most vulnerable communities through affirmative litigation. Before founding PRP, Jill served as Special Counsel to then-Attorney General Kamala Harris, and was the Deputy Campaign Manager and Policy Director for Harris’s Senate campaign. Her work has emphasized consumer fraud, health, education, human trafficking, and civil rights, including issues related to gender and LGBT rights. Jill was previously a Lecturer in Law at Yale Law School and served on the Affirmative Litigation Task Force at the San Francisco City Attorney’s Office. Interested students must apply to the course via this Google Form: https://forms.gle/GjJgqiBtv2ePjGp99 . The deadline to submit an application for consideration is November 11th at 12PM Pacific Time. Fall 2020 Description: Over the past decade, state and local governments have begun to proactively enforce their residents’ rights in areas as diverse as environmental justice, civil rights, immigration, reproductive freedom, and economic empowerment. This seminar will provide students with both a foundation in state and local government law and in complex/impact litigation. Students will learn about when, how, and why the government litigates as a Plaintiff on behalf of itself and its residents, and how affirmative litigation by state and local government differs from litigation brought by private individuals and non-profit groups. Specific case studies will frame discussions about the role of cities and states in our federal system, the opportunities and risks posed by affirmative litigation, the relationship between affirmative litigation and policy-making, and the strategic considerations unique to government litigation. Classroom materials will combine academic, statutory, and case law materials with trial-court and appellate pleadings in selected cases brought by state and local governments. The practicum component of the course will provide an opportunity for students to apply the materials to real case examples from local governments across the country. Erin Bernstein is a Supervising Deputy City Attorney at the Oakland City Attorney’s Office, heading the Community Lawyering and Civil Rights Unit (CLCR). Ms. Bernstein previously served as a Deputy City Attorney in the San Francisco City Attorney's Office, working as a litigator on that office’s Complex and Affirmative Litigation Team. She also served as the Executive Director of the office's Affirmative Litigation Task Force. Erin specializes in reproductive rights, First Amendment, public health and privacy-related cases, and has litigated issues including marriage equality, gender discrimination, public nuisance and abortion rights in both state and federal courts. Erin has been a regular guest lecturer for Yale Law School's popular San Francisco Affirmative Litigation Project (SFALP) course, a lecturer at Berkeley Law School, and in the spring of 2016, joined the Yale Law School faculty as a Visiting Lecturer in Law. Jill Habig is the Founder and President of the Public Rights Project, an organization dedicated to empowering state and local governments to enforce the legal rights of their most vulnerable communities through affirmative litigation. Before founding PRP, Jill served as Special Counsel to then-Attorney General Kamala Harris, and was the Deputy Campaign Manager and Policy Director for Harris’s Senate campaign. Her work has emphasized consumer fraud, health, education, human trafficking, and civil rights, including issues related to gender and LGBT rights. Jill was previously a Lecturer in Law at Yale Law School and served on the Affirmative Litigation Task Force at the San Francisco City Attorney’s Office. Interested students must apply to the course via this Google Form: https://docs.google.com/forms/d/e/1FAIpQLSehQ0AWWa5mlywkuqkeievd--hgTbp0qajywlXhw0sXsxxg9w/viewform. Applications are due Friday, May 1 at 5pm PT. Fall 2021 Description: Over the past decade, state and local governments have begun to proactively enforce their residents’ rights in areas as diverse as environmental justice, civil rights, immigration, reproductive freedom, and economic empowerment. This seminar will provide students with both a foundation in state and local government law and in complex/impact litigation. Students will learn about when, how, and why the government litigates as a Plaintiff on behalf of itself and its residents, and how affirmative litigation by state and local government differs from litigation brought by private individuals and non-profit groups. Specific case studies will frame discussions about the role of cities and states in our federal system, the opportunities and risks posed by affirmative litigation, the relationship between affirmative litigation and policy-making, and the strategic considerations unique to government litigation. Classroom materials will combine academic, statutory, and case law materials with trial-court and appellate pleadings in selected cases brought by state and local governments. The practicum component of the course will provide an opportunity for students to apply the materials to real case examples from local governments across the country. Constitutional Law is a recommended, but not required, prerequisite. Erin Bernstein is a founder of Bradley Bernstein Sands LLP, where she represents municipalities across California in affirmative litigation and complex defense. Prior to founding BBS, Erin was a Supervising Deputy City Attorney at the Oakland City Attorney’s Office, heading the Community Lawyering and Civil Rights Unit (CLCR). Ms. Bernstein previously served as a Deputy City Attorney in the San Francisco City Attorney's Office, working as a litigator on that office’s Complex and Affirmative Litigation Team. She also served as the Executive Director of the office's Affirmative Litigation Task Force. Erin specializes in reproductive rights, First Amendment, public health and privacy-related cases, and has litigated issues including marriage equality, gender discrimination, public nuisance and abortion rights in both state and federal courts. Erin has been a regular guest lecturer for Yale Law School's popular San Francisco Affirmative Litigation Project (SFALP) course, a lecturer at Berkeley Law School, and in the spring of 2016, joined the Yale Law School faculty as a Visiting Lecturer in Law. Jill Habig is the Founder and President of the Public Rights Project, an organization dedicated to empowering state and local governments to enforce the legal rights of their most vulnerable communities through affirmative litigation. Before founding PRP, Jill served as Special Counsel to then-Attorney General Kamala Harris, and was the Deputy Campaign Manager and Policy Director for Harris’s Senate campaign. Her work has emphasized consumer fraud, health, education, human trafficking, and civil rights, including issues related to gender and LGBT rights. Jill was previously a Lecturer in Law at Yale Law School and served on the Affirmative Litigation Task Force at the San Francisco City Attorney’s Office. Interested students must apply to the course via this Google Form: https://docs.google.com/forms/d/e/1FAIpQLSeYf7wyDl7Bo6Jykmmkg5orh4ycNgoh34TKqBRQWI1-IqCp6w/viewform?usp=sf_link. Applications are due Friday, April 23 at 5pm PT. We encourage submission earlier to allow time for us to follow up with any questions as needed. Fall 2022 Description: Over the past decade, state and local governments have begun to proactively enforce their residents’ rights in areas as diverse as environmental justice, civil rights, immigration, reproductive freedom, and economic empowerment. This seminar will provide students with both a foundation in state and local government law and in complex/impact litigation. Students will learn about when, how, and why the government litigates as a Plaintiff on behalf of itself and its residents, and how affirmative litigation by state and local government differs from litigation brought by private individuals and non-profit groups. Specific case studies will frame discussions about the role of cities and states in our federal system, the opportunities and risks posed by affirmative litigation, the relationship between affirmative litigation and policy-making, and the strategic considerations unique to government litigation. Classroom materials will combine academic, statutory, and case law materials with trial-court and appellate pleadings in selected cases brought by state and local governments. The practicum component of the course will provide an opportunity for students to apply the materials to real case examples from local governments across the country. Constitutional Law is a recommended, but not required, prerequisite. Erin Bernstein is a founder of Bradley Bernstein Sands LLP, where she represents municipalities across California in affirmative litigation and complex defense. Prior to founding BBS, Erin was a Supervising Deputy City Attorney at the Oakland City Attorney’s Office, heading the Community Lawyering and Civil Rights Unit (CLCR). She previously served as a Deputy City Attorney in the San Francisco City Attorney's Office, working as a litigator on that office’s Complex and Affirmative Litigation Team. She also served as the Executive Director of the office's Affirmative Litigation Task Force. Erin specializes in reproductive rights, First Amendment, public health and privacy-related cases, and has litigated issues including marriage equality, gender discrimination, public nuisance and abortion rights in both state and federal courts. Erin has been a regular guest lecturer for Yale Law School's popular San Francisco Affirmative Litigation Project (SFALP) course, a lecturer at Berkeley Law School, and in the spring of 2016, joined the Yale Law School faculty as a Visiting Lecturer in Law. Jill Habig is the Founder and President of the Public Rights Project, an organization dedicated to empowering state and local governments to enforce the legal rights of their most vulnerable communities through affirmative litigation. Before founding PRP, Jill served as Special Counsel to then-Attorney General Kamala Harris, and was the Deputy Campaign Manager and Policy Director for Harris’s Senate campaign. Her work has emphasized consumer fraud, health, education, human trafficking, and civil rights, including issues related to gender and LGBT rights. Jill was previously a Lecturer in Law at Yale Law School and served on the Affirmative Litigation Task Force at the San Francisco City Attorney’s Office. Interested students must apply to the course via this Google Form: https://docs.google.com/forms/d/e/1FAIpQLSeYf7wyDl7Bo6Jykmmkg5orh4ycNgoh34TKqBRQWI1-IqCp6w/viewform?usp=sf_link Applications are due Friday, April 23 at 5pm PT. We encourage submission earlier to allow time for us to follow up with any questions as needed. Fall 2023 Description: Over the past decade, state and local governments have begun to proactively enforce their residents’ rights in areas as diverse as environmental justice, civil rights, immigration, reproductive freedom, and economic empowerment. This seminar will provide students with both a foundation in state and local government law and in complex/impact litigation. Students will learn about when, how, and why the government litigates as a Plaintiff on behalf of itself and its residents, and how affirmative litigation by state and local government differs from litigation brought by private individuals and non-profit groups. Specific case studies will frame discussions about the role of cities and states in our federal system, the opportunities and risks posed by affirmative litigation, the relationship between affirmative litigation and policy-making, and the strategic considerations unique to government litigation. Classroom materials will combine academic, statutory, and case law materials with trial-court and appellate pleadings in selected cases brought by state and local governments. The practicum component of the course will provide an opportunity for students to apply the materials to real case examples from local governments across the country. Constitutional Law is a recommended, but not required, prerequisite. Erin Bernstein is a founder of Bradley Bernstein Sands LLP, where she represents municipalities across California in affirmative litigation and complex defense. Prior to founding BBS, Erin was a Supervising Deputy City Attorney at the Oakland City Attorney’s Office, heading the Community Lawyering and Civil Rights Unit (CLCR). She previously served as a Deputy City Attorney in the San Francisco City Attorney's Office, working as a litigator on that office’s Complex and Affirmative Litigation Team. She also served as the Executive Director of the office's Affirmative Litigation Task Force. Erin specializes in reproductive rights, First Amendment, public health and privacy-related cases, and has litigated issues including marriage equality, gender discrimination, public nuisance and abortion rights in both state and federal courts. Erin has been a regular guest lecturer for Yale Law School's popular San Francisco Affirmative Litigation Project (SFALP) course, a lecturer at Berkeley Law School, and in the spring of 2016, joined the Yale Law School faculty as a Visiting Lecturer in Law. Jill Habig is the Founder and President of the Public Rights Project, an organization dedicated to empowering state and local governments to enforce the legal rights of their most vulnerable communities through affirmative litigation. Before founding PRP, Jill served as Special Counsel to then-Attorney General Kamala Harris, and was the Deputy Campaign Manager and Policy Director for Harris’s Senate campaign. Her work has emphasized consumer fraud, health, education, human trafficking, and civil rights, including issues related to gender and LGBT rights. Jill was previously a Lecturer in Law at Yale Law School and served on the Affirmative Litigation Task Force at the San Francisco City Attorney’s Office. Interested students must apply to the course via this Google Form: https://docs.google.com/forms/d/e/1FAIpQLSeYf7wyDl7Bo6Jykmmkg5orh4ycNgoh34TKqBRQWI1-IqCp6w/viewform?usp=sf_link Applications are due April 7 at 5pm PT. We encourage submission earlier to allow time for us to follow up with any questions as needed. Fall 2024 Description: Over the past 15 years, state and local governments have begun to proactively enforce their residents’ rights in areas as diverse as environmental justice, civil rights, immigration, reproductive freedom, and economic empowerment. This seminar will provide students with both a foundation in state and local government law and in complex/impact litigation. Students will learn about when, how, and why the government litigates as a Plaintiff on behalf of itself and its residents, and how affirmative litigation by state and local government differs from litigation brought by private individuals and non-profit groups. Specific case studies will frame discussions about the role of cities and states in our federal system, the opportunities and risks posed by affirmative litigation, the relationship between affirmative litigation and policy-making, and the strategic considerations unique to government litigation. Classroom materials will combine academic, statutory, and case law materials with trial-court and appellate pleadings in selected cases brought by state and local governments. The practicum component of the course will provide an opportunity for students to apply the materials to real case examples from local governments across the country. The seminar is graded, and the practicum is CR/NC. Erin Bernstein is a founder of Bradley Bernstein Sands LLP, where she represents municipalities across California in affirmative litigation and complex defense. Prior to founding BBS, Erin was a Supervising Deputy City Attorney at the Oakland City Attorney’s Office, heading the Community Lawyering and Civil Rights Unit (CLCR). She previously served as a Deputy City Attorney in the San Francisco City Attorney's Office, working as a litigator on that office’s Complex and Affirmative Litigation Team. She also served as the Executive Director of the office's Affirmative Litigation Task Force. Erin specializes in reproductive rights, First Amendment, public health and privacy-related cases, and has litigated issues including marriage equality, gender discrimination, public nuisance and abortion rights in both state and federal courts. Erin has been a regular guest lecturer for Yale Law School's popular San Francisco Affirmative Litigation Project (SFALP) course, a lecturer at Berkeley Law School, and in the spring of 2016, joined the Yale Law School faculty as a Visiting Lecturer in Law. Jill Habig is the Founder and President of the Public Rights Project, an organization dedicated to empowering state and local governments to enforce the legal rights of their most vulnerable communities through affirmative litigation. Before founding PRP, Jill served as Special Counsel to then-Attorney General Kamala Harris, and was the Deputy Campaign Manager and Policy Director for Harris’s Senate campaign. Her work has emphasized consumer fraud, health, education, human trafficking, and civil rights, including issues related to gender and LGBT rights. Jill was previously a Lecturer in Law at Yale Law School and served on the Affirmative Litigation Task Force at the San Francisco City Attorney’s Office. |
| Law 226.9A State and Local Impact Litigation Practicum 2 Units |
| Spring 2020: Remote due to COVID Fall 2020: Remote due to COVID Fall 2021: In-Person Fall 2022: In-Person Fall 2023: In-Person Fall 2024: In-Person |
| Description: Spring 2020 Description: Over the past decade, state and local governments have begun to proactively enforce their residents’ rights in areas as diverse as environmental justice, civil rights, immigration, reproductive freedom, and economic empowerment. This course will provide students with both a foundation in state and local government law and in complex/impact litigation. As part of the practicum component to the state and local impact litigation seminar, students will complete small group research and writing assignments related to both potential and ongoing impact litigation in the City of Oakland and other city and state jurisdictions across the country. Students will work collaboratively with each other and with the course instructors in researching and drafting work product for use in policy-driven litigation. Written work product may include internal factual and legal analysis, pitch memos, and draft pleadings and briefing. These assignments will be used to inform strategic litigation decisions by the City of Oakland, Public Rights Project, and other state and municipal law offices. Erin Bernstein is a Supervising Deputy City Attorney at the Oakland City Attorney’s Office, heading the Community Lawyering and Civil Rights Unit (CLCR). Ms. Bernstein previously served as a Deputy City Attorney in the San Francisco City Attorney's Office, working as a litigator on that office’s Complex and Affirmative Litigation Team. She also served as the Executive Director of the office's Affirmative Litigation Task Force. Erin specializes in reproductive rights, First Amendment, public health and privacy-related cases, and has litigated issues including marriage equality, gender discrimination, public nuisance and abortion rights in both state and federal courts. Erin has been a regular guest lecturer for Yale Law School's popular San Francisco Affirmative Litigation Project (SFALP) course, a lecturer at Berkeley Law School, and in the spring of 2016, joined the Yale Law School faculty as a Visiting Lecturer in Law. Jill Habig is the Founder and President of the Public Rights Project, an organization dedicated to empowering state and local governments to enforce the legal rights of their most vulnerable communities through affirmative litigation. Before founding PRP, Jill served as Special Counsel to then-Attorney General Kamala Harris, and was the Deputy Campaign Manager and Policy Director for Harris’s Senate campaign. Her work has emphasized consumer fraud, health, education, human trafficking, and civil rights, including issues related to gender and LGBT rights. Jill was previously a Lecturer in Law at Yale Law School and served on the Affirmative Litigation Task Force at the San Francisco City Attorney’s Office. Interested students must apply to the course via this Google Form: https://forms.gle/GjJgqiBtv2ePjGp99 . The deadline to submit an application for consideration is November 11th at 12PM Pacific Time. Fall 2020 Description: Over the past decade, state and local governments have begun to proactively enforce their residents’ rights in areas as diverse as environmental justice, civil rights, immigration, reproductive freedom, and economic empowerment. This course will provide students with both a foundation in state and local government law and in complex/impact litigation. As part of the practicum component to the state and local impact litigation seminar, students will complete small group research and writing assignments related to both potential and ongoing impact litigation in the City of Oakland and other city and state jurisdictions across the country. Students will work collaboratively with each other and with the course instructors in researching and drafting work product for use in policy-driven litigation. Written work product may include internal factual and legal analysis, pitch memos, and draft pleadings and briefing. These assignments will be used to inform strategic litigation decisions by the City of Oakland, Public Rights Project, and other state and municipal law offices. Erin Bernstein is a Supervising Deputy City Attorney at the Oakland City Attorney’s Office, heading the Community Lawyering and Civil Rights Unit (CLCR). Ms. Bernstein previously served as a Deputy City Attorney in the San Francisco City Attorney's Office, working as a litigator on that office’s Complex and Affirmative Litigation Team. She also served as the Executive Director of the office's Affirmative Litigation Task Force. Erin specializes in reproductive rights, First Amendment, public health and privacy-related cases, and has litigated issues including marriage equality, gender discrimination, public nuisance and abortion rights in both state and federal courts. Erin has been a regular guest lecturer for Yale Law School's popular San Francisco Affirmative Litigation Project (SFALP) course, a lecturer at Berkeley Law School, and in the spring of 2016, joined the Yale Law School faculty as a Visiting Lecturer in Law. Jill Habig is the Founder and President of the Public Rights Project, an organization dedicated to empowering state and local governments to enforce the legal rights of their most vulnerable communities through affirmative litigation. Before founding PRP, Jill served as Special Counsel to then-Attorney General Kamala Harris, and was the Deputy Campaign Manager and Policy Director for Harris’s Senate campaign. Her work has emphasized consumer fraud, health, education, human trafficking, and civil rights, including issues related to gender and LGBT rights. Jill was previously a Lecturer in Law at Yale Law School and served on the Affirmative Litigation Task Force at the San Francisco City Attorney’s Office. Interested students must apply to the course via this Google Form: https://forms.gle/Cx12Q2dZttDC3HgQ6. Applications are due Friday, May 1 at 5pm PT. Fall 2021 Description: Over the past decade, state and local governments have begun to proactively enforce their residents’ rights in areas as diverse as environmental justice, civil rights, immigration, reproductive freedom, and economic empowerment. This course will provide students with both a foundation in state and local government law and in complex/impact litigation. As part of the practicum component to the state and local impact litigation seminar, students will complete small group research and writing assignments related to both potential and ongoing impact litigation in the City of Oakland and other city and state jurisdictions across the country. Students will work collaboratively with each other and with the course instructors in researching and drafting work product for use in policy-driven litigation. Written work product may include internal factual and legal analysis, pitch memos, and draft pleadings and briefing. These assignments will be used to inform strategic litigation decisions by the City of Oakland, Public Rights Project, and other state and municipal law offices. Erin Bernstein is a founder of Bradley Bernstein Sands LLP, where she represents municipalities across California in affirmative litigation and complex defense. Prior to founding BBS, Erin was a Supervising Deputy City Attorney at the Oakland City Attorney’s Office, heading the Community Lawyering and Civil Rights Unit (CLCR). Ms. Bernstein previously served as a Deputy City Attorney in the San Francisco City Attorney's Office, working as a litigator on that office’s Complex and Affirmative Litigation Team. She also served as the Executive Director of the office's Affirmative Litigation Task Force. Erin specializes in reproductive rights, First Amendment, public health and privacy-related cases, and has litigated issues including marriage equality, gender discrimination, public nuisance and abortion rights in both state and federal courts. Erin has been a regular guest lecturer for Yale Law School's popular San Francisco Affirmative Litigation Project (SFALP) course, a lecturer at Berkeley Law School, and in the spring of 2016, joined the Yale Law School faculty as a Visiting Lecturer in Law. Jill Habig is the Founder and President of the Public Rights Project, an organization dedicated to empowering state and local governments to enforce the legal rights of their most vulnerable communities through affirmative litigation. Before founding PRP, Jill served as Special Counsel to then-Attorney General Kamala Harris, and was the Deputy Campaign Manager and Policy Director for Harris’s Senate campaign. Her work has emphasized consumer fraud, health, education, human trafficking, and civil rights, including issues related to gender and LGBT rights. Jill was previously a Lecturer in Law at Yale Law School and served on the Affirmative Litigation Task Force at the San Francisco City Attorney’s Office. Interested students must apply to the course via this Google Form: https://docs.google.com/forms/d/e/1FAIpQLSeYf7wyDl7Bo6Jykmmkg5orh4ycNgoh34TKqBRQWI1-IqCp6w/viewform?usp=sf_link. Applications are due Friday, April 23 at 5pm PT. We encourage submission earlier to allow time for us to follow up with any questions as needed. Fall 2022 Description: Over the past decade, state and local governments have begun to proactively enforce their residents’ rights in areas as diverse as environmental justice, civil rights, immigration, reproductive freedom, and economic empowerment. This course will provide students with both a foundation in state and local government law and in complex/impact litigation. As part of the practicum component to the state and local impact litigation seminar, students will complete small group research and writing assignments related to both potential and ongoing impact litigation in the City of Oakland and other city and state jurisdictions across the country. Students will work collaboratively with each other and with the course instructors in researching and drafting work product for use in policy-driven litigation. Written work product may include internal factual and legal analysis, pitch memos, and draft pleadings and briefing. These assignments will be used to inform strategic litigation decisions by the City of Oakland, Public Rights Project, and other state and municipal law offices. Erin Bernstein is a founder of Bradley Bernstein Sands LLP, where she represents municipalities across California in affirmative litigation and complex defense. Prior to founding BBS, Erin was a Supervising Deputy City Attorney at the Oakland City Attorney’s Office, heading the Community Lawyering and Civil Rights Unit (CLCR). She previously served as a Deputy City Attorney in the San Francisco City Attorney's Office, working as a litigator on that office’s Complex and Affirmative Litigation Team. She also served as the Executive Director of the office's Affirmative Litigation Task Force. Erin specializes in reproductive rights, First Amendment, public health and privacy-related cases, and has litigated issues including marriage equality, gender discrimination, public nuisance and abortion rights in both state and federal courts. Erin has been a regular guest lecturer for Yale Law School's popular San Francisco Affirmative Litigation Project (SFALP) course, a lecturer at Berkeley Law School, and in the spring of 2016, joined the Yale Law School faculty as a Visiting Lecturer in Law. Jill Habig is the Founder and President of the Public Rights Project, an organization dedicated to empowering state and local governments to enforce the legal rights of their most vulnerable communities through affirmative litigation. Before founding PRP, Jill served as Special Counsel to then-Attorney General Kamala Harris, and was the Deputy Campaign Manager and Policy Director for Harris’s Senate campaign. Her work has emphasized consumer fraud, health, education, human trafficking, and civil rights, including issues related to gender and LGBT rights. Jill was previously a Lecturer in Law at Yale Law School and served on the Affirmative Litigation Task Force at the San Francisco City Attorney’s Office. Interested students must apply to the course via this Google Form: https://docs.google.com/forms/d/e/1FAIpQLSeYf7wyDl7Bo6Jykmmkg5orh4ycNgoh34TKqBRQWI1-IqCp6w/viewform?usp=sf_link Applications are due Friday, April 22 at 5pm PT. We encourage submission earlier to allow time for us to follow up with any questions as needed. Fall 2023 Description: Over the past decade, state and local governments have begun to proactively enforce their residents’ rights in areas as diverse as environmental justice, civil rights, immigration, reproductive freedom, and economic empowerment. This course will provide students with both a foundation in state and local government law and in complex/impact litigation. As part of the practicum component to the state and local impact litigation seminar, students will complete small group research and writing assignments related to both potential and ongoing impact litigation in the City of Oakland and other city and state jurisdictions across the country. Students will work collaboratively with each other and with the course instructors in researching and drafting work product for use in policy-driven litigation. Written work product may include internal factual and legal analysis, pitch memos, and draft pleadings and briefing. These assignments will be used to inform strategic litigation decisions by the City of Oakland, Public Rights Project, and other state and municipal law offices. Erin Bernstein is a founder of Bradley Bernstein Sands LLP, where she represents municipalities across California in affirmative litigation and complex defense. Prior to founding BBS, Erin was a Supervising Deputy City Attorney at the Oakland City Attorney’s Office, heading the Community Lawyering and Civil Rights Unit (CLCR). She previously served as a Deputy City Attorney in the San Francisco City Attorney's Office, working as a litigator on that office’s Complex and Affirmative Litigation Team. She also served as the Executive Director of the office's Affirmative Litigation Task Force. Erin specializes in reproductive rights, First Amendment, public health and privacy-related cases, and has litigated issues including marriage equality, gender discrimination, public nuisance and abortion rights in both state and federal courts. Erin has been a regular guest lecturer for Yale Law School's popular San Francisco Affirmative Litigation Project (SFALP) course, a lecturer at Berkeley Law School, and in the spring of 2016, joined the Yale Law School faculty as a Visiting Lecturer in Law. Jill Habig is the Founder and President of the Public Rights Project, an organization dedicated to empowering state and local governments to enforce the legal rights of their most vulnerable communities through affirmative litigation. Before founding PRP, Jill served as Special Counsel to then-Attorney General Kamala Harris, and was the Deputy Campaign Manager and Policy Director for Harris’s Senate campaign. Her work has emphasized consumer fraud, health, education, human trafficking, and civil rights, including issues related to gender and LGBT rights. Jill was previously a Lecturer in Law at Yale Law School and served on the Affirmative Litigation Task Force at the San Francisco City Attorney’s Office. Interested students must apply to the course via this Google Form: https://docs.google.com/forms/d/e/1FAIpQLSeYf7wyDl7Bo6Jykmmkg5orh4ycNgoh34TKqBRQWI1-IqCp6w/viewform?usp=sf_link Applications are due April 7 at 5pm PT. We encourage submission earlier to allow time for us to follow up with any questions as needed. Fall 2024 Description: Over the past 15 years, state and local governments have begun to proactively enforce their residents’ rights in areas as diverse as environmental justice, civil rights, immigration, reproductive freedom, and economic empowerment. This seminar will provide students with both a foundation in state and local government law and in complex/impact litigation. Students will learn about when, how, and why the government litigates as a Plaintiff on behalf of itself and its residents, and how affirmative litigation by state and local government differs from litigation brought by private individuals and non-profit groups. Specific case studies will frame discussions about the role of cities and states in our federal system, the opportunities and risks posed by affirmative litigation, the relationship between affirmative litigation and policy-making, and the strategic considerations unique to government litigation. Classroom materials will combine academic, statutory, and case law materials with trial-court and appellate pleadings in selected cases brought by state and local governments. The practicum component of the course will provide an opportunity for students to apply the materials to real case examples from local governments across the country. The seminar is graded, and the practicum is CR/NC. Erin Bernstein is a founder of Bradley Bernstein Sands LLP, where she represents municipalities across California in affirmative litigation and complex defense. Prior to founding BBS, Erin was a Supervising Deputy City Attorney at the Oakland City Attorney’s Office, heading the Community Lawyering and Civil Rights Unit (CLCR). She previously served as a Deputy City Attorney in the San Francisco City Attorney's Office, working as a litigator on that office’s Complex and Affirmative Litigation Team. She also served as the Executive Director of the office's Affirmative Litigation Task Force. Erin specializes in reproductive rights, First Amendment, public health and privacy-related cases, and has litigated issues including marriage equality, gender discrimination, public nuisance and abortion rights in both state and federal courts. Erin has been a regular guest lecturer for Yale Law School's popular San Francisco Affirmative Litigation Project (SFALP) course, a lecturer at Berkeley Law School, and in the spring of 2016, joined the Yale Law School faculty as a Visiting Lecturer in Law. Jill Habig is the Founder and President of the Public Rights Project, an organization dedicated to empowering state and local governments to enforce the legal rights of their most vulnerable communities through affirmative litigation. Before founding PRP, Jill served as Special Counsel to then-Attorney General Kamala Harris, and was the Deputy Campaign Manager and Policy Director for Harris’s Senate campaign. Her work has emphasized consumer fraud, health, education, human trafficking, and civil rights, including issues related to gender and LGBT rights. Jill was previously a Lecturer in Law at Yale Law School and served on the Affirmative Litigation Task Force at the San Francisco City Attorney’s Office. |
| Law 227 Labor Law 3 Units |
| Spring 2020: Remote due to COVID Spring 2021: Remote due to COVID Spring 2022: In-Person Spring 2023: In-Person Spring 2025: In-Person |
| Description: Spring 2020 Description: This course will focus on the law governing relations between employers and workers acting collectively through unions. Topics include employee and employer rights of freedom of speech and association in connection with union organizing, the processes of negotiation and dispute resolution used to establish wages and working conditions, and the various forms of litigation, lobbying, and alternative dispute resolution, including arbitration, that are used to enforce collective bargaining agreements and other statutory labor rights. We discuss governance and finance of labor organizations and the current controversy over public sector unions. This course does not overlap in coverage with Employment Law (individual employee rights) or Employment Discrimination (status-based discrimination). Spring 2021 Description: This course will focus on the law governing relations between employers and workers acting collectively through unions. Topics include employee and employer rights of freedom of speech and association in connection with union organizing, the processes of negotiation and dispute resolution used to establish wages and working conditions, and the various forms of litigation, lobbying, and alternative dispute resolution, including arbitration, that are used to enforce collective bargaining agreements and other statutory labor rights. We discuss governance and finance of labor organizations and the current controversy over public sector unions. This course does not overlap in coverage with Employment Law (individual employee rights) or Employment Discrimination (status-based discrimination). Spring 2022 Description: This course will focus on the law governing relations between employers and workers acting collectively through unions. Topics include employee and employer rights of freedom of speech and association in connection with union organizing, the processes of negotiation and dispute resolution used to establish wages and working conditions, and the various forms of litigation, lobbying, and alternative dispute resolution, including arbitration, that are used to enforce collective bargaining agreements and other statutory labor rights. We discuss governance and finance of labor organizations and the current controversy over public sector unions. This course does not overlap in coverage with Employment Law (individual employee rights) or Employment Discrimination (status-based discrimination). Spring 2023 Description: This course will focus on the law governing relations between employers and workers acting collectively through unions. Unlike most courses in law school, we focus on collective, rather than individual rights. Labor law regulates the collective rights of employees from the lowest end of the wage scale (e.g., janitors, grocery clerks, and home health aides) to the highest end (e.g., Hollywood talent and professional athletes). The law regulates the processes of negotiation and dispute resolution that labor unions and firms use to establish wages and working conditions. (Employment law, in contrast, refers to the statutory and common law regulation of the terms of employment, and Employment Discrimination refers to statutory prohibition on discrimination on the basis of various protected statuses.) We will cover the basics of federal labor law: the major rules governing union organizing; labor protest and work stoppages as tactics to organize workers and to resolve negotiating disputes; the governance and finance of labor organizations; and the structure and functions of the administrative agency that enforces federal labor law. We will also consider the larger question of the role of collective action by workers and management in the regulation of working conditions and alternative worker formations, including worker centers, immigrant rights groups, gig economy worker groups, and so forth. Spring 2025 Description: This course will focus on the law governing relations between employers and workers acting collectively through unions. Unlike most courses in law school, we focus on collective, rather than individual rights. Labor law regulates the collective rights of employees from the lowest end of the wage scale (e.g., janitors, grocery clerks, and home health aides) to the highest end (e.g., Hollywood talent and professional athletes). The law regulates the processes of negotiation and dispute resolution that labor unions and firms use to establish wages and working conditions. (Employment law, in contrast, refers to the statutory and common law regulation of the terms of employment, and Employment Discrimination refers to statutory prohibition on discrimination on the basis of various protected statuses.) We will cover the basics of federal labor law: the major rules governing union organizing; labor protest and work stoppages as tactics to organize workers and to resolve negotiating disputes; the governance and finance of labor organizations; and the structure and functions of the administrative agency that enforces federal labor law. We will also consider the larger question of the role of collective action by workers and management in the regulation of working conditions and alternative worker formations, including worker centers, immigrant rights groups, gig economy worker groups, and so forth. |
| Law 227.1 Labor and Employment Arbitration 1 Units |
| Spring 2021: Remote due to COVID Spring 2022: In-Person Spring 2023: In-Person Fall 2023: In-Person Instruction Spring 2025: In-Person Instruction |
| Description: Spring 2021 Description: This class focuses on the practice of the historically important role of arbitration in labor and employment law. At the outset of the course, students will review several key cases dealing with basic arbitration principles in the fields of union and non-union employment. For the balance of the course, students will engage in case-presentation and writing exercises to develop skills for different aspects of arbitration proceedings; for example, opening and closing statements, procedural and evidence questions, decision-writing, and so on. In the final session of the course, students will work in teams to prepare and present a mock arbitration case before a professional arbitrator. The exercises used in this course have been developed, in part, for use in professional skill-building courses taught by the instructor for advocates and arbitrators. There is no prerequisite. Some students might find past or current study of courses such as Labor Law, Employment Law, and Evidence to be helpful, but they are not required. Due to the nature of this class, real-time attendance is required (without an alternative way to earn equivalent credit) except in cases of illness or emergency. The instructor is Barry Winograd, an arbitrator and mediator since 1988 specializing in labor and employment cases, and a past president of the National Academy of Arbitrators. Previously, Mr. Winograd was an administrative law judge in the labor law field in the 1980's and a staff attorney with the United Farm Workers Union in the 1970's. He has served on the adjunct faculty at Berkeley Law since 1985, and at the University of Michigan Law School from 2004 to 2009. The course in 2021 is expected to be his final semester of teaching at Berkeley Law. Spring 2022 Description: This class, offered on a credit-no credit basis, is based on practical experience and simulation exercises, including, for the final class session, a mock arbitration hearing presented to professional arbitrators. The exercises are similar to those used in professional legal education programs developed by the instructors for advocates and arbitrators. Brief writing assignments also will be used to sharpen student skills. As background for the class, attention will be paid to the historically important role of arbitration in labor and employment law. This area of law has been the source of many principles governing all types of arbitration as it has evolved in the past 50 years. At the outset of the class, students will become acquainted with basic arbitration law and practice in the fields of union and non-union employment, including decisions reflecting the continuing debate over compelling arbitration of statutory discrimination claims for individuals. A few readings will cover key legal principles arising under the National Labor Relations Act, as amended, and the Federal Arbitration Act. There is no prerequisite for the course. Some students might find past or current study of courses such as Labor Law, Employment Law, and Evidence to be helpful, but they are not required. Two co-instructors will teach the course. One is Barry Winograd. He has maintained a dispute resolution practice since 1988 as an arbitrator and mediator of labor and employment cases, as well as business and other civil disputes. He is a past president of the National Academy of Arbitrators. Previously, Winograd served as an administrative law judge for the California Public Employment Relations Board and as an attorney for the United Farm Workers of America. He has been a lecturer at Berkeley Law since 1985, teaching courses on labor law, arbitration, and mediation. He also has taught on the adjunct law school faculty at the University of Michigan, and has written a number of articles in professional journals in the labor and employment field. The other instructor is Andrea Dooley. She began her arbitration practice in 2014 and works throughout California, Nevada, and Alaska. Prior to becoming an arbitrator, Arbitrator Dooley was in private practice, representing unions and trust funds in arbitrations and litigation, collective bargaining, and elections. She also practiced as management counsel to labor organizations and nonprofits. After leaving her practice, she led labor-management programs, participated in national contract bargaining and interest-based bargaining, designed and implemented occupational safety and health programs, and advised managers and leaders on operational and regulatory issues. Arbitrator Dooley is a Faculty Member with the Labor Arbitration Institute and is the author of The Beginner’s Guide to Labor Arbitration Practice. Spring 2023 Description: This class focuses on the historically important role of arbitration in labor and employment law. At the outset of the class students will become acquainted with basic arbitration law and practice in the fields of union and non-union employment, including decisions reflecting the continuing debate over compelling arbitration of statutory discrimination laws for individuals. A few readings will cover key legal principles arising under the National Labor Relations Act, as amended, and the Federal Arbitration Act. For the balance of the course, students will be assigned practice and simulation exercises, such as direct and cross examination and handling procedural and evidentiary issues. We will also have a mock arbitration hearing presented to professional arbitrators. The exercises are similar to those used in professional legal education programs developed by the instructors for advocates and arbitrators. Some of the topics will include brief writing assignments. There is no prerequisite for the course. Some students might find past or current study of courses such as labor law, employment law, and evidence to be helpful but they are not required. Arbitrator Andrea Dooley hears cases throughout California, Nevada, and Alaska. Arbitrator Dooley has broad experience with parties in the public and private sectors, including healthcare, education, higher education, building services, building trades, entertainment, shipping, transportation, and service industries. Arbitrator Dooley is a member of the National Academy of Arbitrators. Prior to becoming an arbitrator, Arbitrator Dooley represented unions and trust funds and practiced as management counsel to labor organizations and nonprofits. Arbitrator Dooley has experience in labor-management partnerships, national contract negotiations, interest-based bargaining, and occupational safety and health. Arbitrator Dooley received her bachelor’s and master’s degrees from the University of Chicago and her JD from Chicago-Kent College of Law, where she specialized in Labor and Employment Law. Arbitrator Dooley is the author of The Beginner’s Guide to Labor Arbitration Practice and The Labor Arbitration Career. Fall 2023 Description: empty Spring 2025 Description: empty |
| Law 227.11 Employment Arbitration: Law and Practice 2 Units |
| Fall 2023: In-Person |
| Description: Fall 2023 Description: This two-unit course, will study the law and practice governing mandatory employment arbitration proceedings affecting the statutory rights of millions of workers. Enrollment is limited to 20 students in Berkeley Law programs and other Berkeley graduate students. As a principal course objective, employment arbitration will be examined through a series of case and practice readings, in-class simulation exercises, and student writing assignments. Students will be assisted with an Arbitration Practice Guide and a set of Supplemental Readings prepared specially for this class. In the last class session, students will work in teams to present a case to professional arbitrators presiding at a hearing. Students also will hear from practitioners in the field offering insight about arbitration practice. For nearly 50 years, few subjects in U.S. civil law have been as contested as mandatory arbitration, also described as forced or compulsory arbitration. The Federal Arbitration Act (FAA), enacted in 1925 and originally intended to govern commercial and business disputes, is at the heart of continuing legal conflict. Individuals at work and in a wide variety of other everyday settings are subject to FAA-enforced contract terms. These terms require, as a condition of the relationship, submission of all disputes to arbitration instead of recourse to a judicial proceeding. No subject has been affected by the arbitration debate more than the employment relationship in the non-union workplace, in part because personal and business stakes are high, and in part because extra-judicial forces - business and advocacy groups - are well-organized and funded. The direction the law has taken has been affected by federal and state laws, arbitration rules promulgated by private organizations, and hundreds of appellate decisions and scholarly articles. In the Supreme Court’s recent 2021-22 term, it decided four employment arbitration cases under the FAA. A new federal law bans mandatory arbitration of claims alleging sexual assault and harassment. In the public realm, law students successfully organized against mandatory plans for law firm employees, and journalists have drawn attention to arbitration for newscasters, sports figures, and those working in the gig economy. The instructor has been an arbitrator and mediator of workplace and other civil disputes since 1988. For over 30 years, he has been on the adjunct faculty at Berkeley Law teaching labor law and arbitration. He also has taught on the adjunct law school faculty at the University of Michigan and, earlier this year, at the University of Pennsylvania. The instructor has served as president of the National Academy of Arbitrators, was a senior editor of a treatise on employment law and dispute resolution, has written articles for professional journals in the field, and has contributed to amicus filings on arbitration cases in the Supreme Court. Previously, he was an an administrative law judge for the California Public Employment Relations Board and an attorney for the United Farm Workers Union. We also have special academic rules for these condensed courses: - Students must attend each course session and cannot attend any course session remotely (even for illness or emergency situations). - The Registrar’s Office will drop a student who does not attend each course session. Due to the condensed nature of this course, in-person attendance at all course sessions is mandatory. Absences cannot be excused for any reason, including illness or emergencies. The Registrar’s Office will drop any student who misses a session. |
| Law 227.12 Work, Unions, and Intersectional Inequality 2 Units |
| Spring 2024: In-Person |
| Description: Spring 2024 Description: How is the organization of work related to enduring inequalities in American society, and in turn, how might organized labor ameliorate (or exacerbate) those inequalities? This course focuses on labor unions, along with other types of worker organizations, and their relationship to systemic inequalities based on class, race, gender, nationality and immigration status, disability, and more. Over the semester, we will read theoretical, legal, and empirical scholarship on a range of topics, from markets and status-based discrimination, to the racialized and gendered exclusions of New Deal-era labor law, to historically-grounded reconceptualizations of the lost meaning of "civil rights," to empirical studies about labor unions' impact on inequality. Students will have the opportunity to shape the syllabus in some part based on their interests and to lead classroom discussion at least once during the semester. Assignments include several short reflection papers, as well as a final paper. |
| Law 227.2 Satisfaction in Law and Life 1 Units |
| Spring 2020: Remote due to COVID Spring 2021: Remote due to COVID Spring 2022: In-Person Spring 2023: In-Person Spring 2024: In-Person Spring 2025: In-Person |
| Description: Spring 2020 Description: Recent studies have found alarming high rates of depression, anxiety, stress, and substance abuse among attorneys. Are lawyers doomed to be unhappy? Is there something about the profession -- or the people who choose to practice it -- that breeds unhappiness? Does the law school experience contribute to changing lawyers' mental health and behavioral habits for the worse? What can law students and lawyers do to foster their own satisfaction and the satisfaction of their colleagues? This class will explore these questions using a variety of materials -- from scientific studies about mental health, to self-health guides drawing on the field of positive psychology, to works of popular culture exploring these themes. Among other sources, we will draw on the resources of Berkeley's Greater Good Science Center, see https://greatergood.berkeley.edu/ Spring 2021 Description: Recent studies have found alarming high rates of depression, anxiety, stress, and substance abuse among attorneys. Are lawyers doomed to be unhappy? Is there something about the profession -- or the people who choose to practice it -- that breeds unhappiness? Does the law school experience contribute to changing lawyers' mental health and behavioral habits for the worse? What can law students and lawyers do to foster their own satisfaction and the satisfaction of their colleagues? This class will explore these questions using a variety of materials -- from scientific studies about mental health, to self-health guides drawing on the field of positive psychology, to works of popular culture exploring these themes. Among other sources, we will draw on the resources of Berkeley's Greater Good Science Center, see https://greatergood.berkeley.edu/ Spring 2022 Description: Recent studies have found alarming high rates of depression, anxiety, stress, and substance abuse among attorneys. Are lawyers doomed to be unhappy? Is there something about the profession -- or the people who choose to practice it -- that breeds unhappiness? Does the law school experience contribute to changing lawyers' mental health and behavioral habits for the worse? What can law students and lawyers do to foster their own satisfaction and the satisfaction of their colleagues? This class will explore these questions using a variety of materials -- from scientific studies about mental health, to self-health guides drawing on the field of positive psychology, to works of popular culture exploring these themes. Spring 2023 Description: Recent studies have found alarming high rates of depression, anxiety, stress, and substance abuse among attorneys. Are lawyers doomed to be unhappy? Is there something about the profession -- or the people who choose to practice it -- that breeds unhappiness? Does the law school experience contribute to changing lawyers' mental health and behavioral habits for the worse? What can law students and lawyers do to foster their own satisfaction and the satisfaction of their colleagues? This class will explore these questions using a variety of materials -- from scientific studies about mental health, to self-health guides drawing on the field of positive psychology, to works of popular culture exploring these themes. Spring 2024 Description: Recent studies have found alarming high rates of depression, anxiety, stress, and substance abuse among attorneys. Are lawyers doomed to be unhappy? Is there something about the profession -- or the people who choose to practice it -- that breeds unhappiness? Does the law school experience contribute to changing lawyers' mental health and behavioral habits for the worse? What can law students and lawyers do to foster their own satisfaction and the satisfaction of their colleagues? This class will explore these questions using a variety of materials -- from scientific studies about mental health, to self-health guides drawing on the field of positive psychology, to works of popular culture exploring these themes. Spring 2025 Description: Recent studies have found alarming high rates of depression, anxiety, stress, and substance abuse among attorneys. Are lawyers doomed to be unhappy? Is there something about the profession -- or the people who choose to practice it -- that breeds unhappiness? Does the law school experience contribute to changing lawyers' mental health and behavioral habits for the worse? What can law students and lawyers do to foster their own satisfaction and the satisfaction of their colleagues? This class will explore these questions using a variety of materials -- from scientific studies about mental health, to self-health guides drawing on the field of positive psychology, to works of popular culture exploring these themes. |
| Law 227.21 Employment Law 3 Units |
| Spring 2020: Remote due to COVID Fall 2020: Remote due to COVID Spring 2022: In-Person Spring 2023: In-Person |
| Description: Spring 2020 Description: This course surveys the key federal and California laws that govern the workplace. The instructor will use a combination of lectures, guest speakers, and interactive hypotheticals to explore cutting-edge issues in employment law. Topics include who is an employee, emerging employment models in the gig economy, employment discrimination, disability law, employment status, privacy in the workplace, the future of class actions, the intersection between immigration status and employment, and wage and hour law. Students who take this class will have the ability to apply the law to issues that arise in the real world workplace. NOTE for 1Ls: This course will discuss contract and tort principles as those are part of the Employment Law history and case law, so this will require that 1Ls familiarize themselves with some of the basic principles of both areas of law. Fall 2020 Description: This is a survey of the law of work, focusing on the rights of individual employees. We cover common law and statutory regulation of employment termination and employee mobility, statutory regulation of wages, and working conditions, harassment, safety, privacy, leaves of absence, and compensation for illness and injury. The course will focus especially on the challenges of regulating work in the global economy in which compliance with legal requirements is unequally distributed across sectors. This course focuses on the rights of individual employees; it does not overlap with Labor Law (which covers the law of unions and collective representation) or Employment Discrimination (which covers status-based discrimination). Spring 2022 Description: This is a survey of the law of work, focusing on the rights of individual employees. We cover common law and statutory regulation of employment termination and employee mobility, statutory regulation of wages and working conditions, harassment, safety, privacy, leaves of absence, and compensation for illness and injury. The course will focus especially on the challenges of regulating work in the global economy in which compliance with legal requirements is unequally distributed across sectors. This course focuses on the rights of individual employees; it does not overlap with Labor Law (which covers the law of unions and collective representation) or Employment Discrimination (which covers status-based discrimination). Spring 2023 Description: This course surveys the key federal and California laws that govern the workplace. The instructor will use a combination of lectures, guest speakers, and interactive hypotheticals to explore cutting-edge issues in employment law. Topics include who is an employee, emerging employment models in the gig economy, employment discrimination, disability law, employment status, privacy in the workplace, the future of class actions, the intersection between immigration status and employment, and wage and hour law. Students who take this class will have the ability to apply the law to issues that arise in the real world workplace. |
| Law 227.22 Work Law 4 Units |
| Spring 2024: In-Person Spring 2025: In-Person |
| Description: Spring 2024 Description: This is a survey of the law of work, designed to introduce students to the many overlapping schemes for regulating the relationship between workers and employers. This course starts with the foundational question of who counts as an employee and an employer and why that matters; covers a host of issues related to job quality, such as the legal regulation of wages, time off, workplace safety and health, employee privacy, and job security; provides an overview of social insurance programs related to work, such as unemployment insurance, social security, and workers' compensation; and concludes with a discussion of work and how to regulate it in the "gig" economy. This course briefly introduces the topics of collective action by workers and unions and the prohibitions on discrimination in the workplace, but will not delve into them in detail. Students wanting to focus on those topics should take Labor Law and Employment Discrimination law, respectively. This course is designed to be useful to students who have an interest in working in the labor and employment field, whether they intend to represent workers, employers, or the government. It is also designed to be useful to students who expect to be an employee or an employer at some point in their lives, i.e. almost everyone who attends law school. Throughout the course, we will focus on the historical evolution of work law and the strategic actors who have reshaped it, the important public policy questions raised by how we regulate work, and how the regulation of work shapes and is shaped by broader societal inequalities, including class, race, gender, disability, immigration status and more. *Also, please note that there is topic overlap with the previously offered Employment Law. Students who have previously taken Employment Law should NOT enroll in Work Law, since it will cover largely the same material, just under a new name.* Spring 2025 Description: This is a survey of the law of work, designed to introduce students to the many overlapping schemes for regulating the relationship between workers and employers. This course starts with the foundational question of who counts as an employee and why that matters; covers a host of issues related to job quality and economic security, such as the legal regulation of wages, time off, workplace safety and health, termination, and more; provides an overview of social insurance programs related to work, such as unemployment insurance and workers' compensation; and concludes with a discussion of work and how to regulate it in the "gig" economy. This course also introduces the topics of collective action by workers and unions and the prohibitions on discrimination in the workplace, but will not delve into them thoroughly. Students wanting a deeper dive into those topics can take Labor Law and Employment Discrimination, respectively. This course is designed to be useful to students who have an interest in working in the labor and employment field, whether they intend to represent workers, employers, or the government. It is also designed to be useful to students who expect to be an employee or an employer at some point in their lives, i.e. almost everyone who attends law school. Throughout the course, we will focus on the historical evolution of work law and the strategic actors who have reshaped it, the important public policy questions raised by how we regulate work, and how the regulation of work shapes and is shaped by broader societal inequalities, including class, race, gender, disability, immigration status and more. *Also, please note that there is significant topic overlap with the previously offered course on Employment Law. Students who have previously taken Employment Law should NOT enroll in Work Law, since it will cover largely the same material, just under a new name.* |
| Law 227.31 Employment, Social Policy, and the Pandemic 1 Units |
| Fall 2020: Remote due to COVID |
| Description: Fall 2020 Description: This course will explore how American social welfare policies are tied to employment and what that has meant for economic security and inequality in the United States. We will examine new employment legislation related to Covid-19. We will study the structural challenges of the employment-linked social welfare system and what this has meant for economic security, and racial, gender, and class inequality in the economic downturn and pandemic. The goal will be to understand the failures of the system, especially for low-wage workers, single parents, undocumented workers, and those in nonstandard employment relationships. We will also discuss other countries' approach to similar issues and consider possible policy reforms. This class is among the special Fall 2020 1L elective seminars designed to give entering 1Ls an extra opportunity to form connections despite our remote form of interaction. In light of that goal, these classes will expect real-time attendance and may not be recorded. These classes will all be graded on a Credit/No Credit basis and total written work requirement will be no more than 8 double-spaced pages. |
| Law 227.32 Current Issues in Work Law 1 Units |
| Spring 2023: In-Person |
| Description: Spring 2023 Description: Due to the nature of the course, in person attendance is required and recording will not be available except as a disability accommodation. Work relationships are changing dramatically on account of technology, migration, business practices, and worker organizing, and the law of work is changing as well. This seminar will examine recent and upcoming developments in the law, with particular focus on workers who are vulnerable because of immigration or socioeconomic status, race, gender, or ethnicity. The seminar will feature guest speakers who are engaged in significant legal, policy, and organizing work addressing the most pressing work law issues of the day. The seminar may serve as an introduction to the field of work law for students with no prior experience, but will also interest students who have taken work law courses. |
| Law 227.8 Supreme Court Seminar 3 Units |
| Spring 2021: Remote due to COVID Fall 2022: In-Person Fall 2023: In-Person |
| Description: Spring 2021 Description: This seminar examines the Supreme Court as an institution with emphasis on the ways in which the institutional forms and structures of the Court influence the decisions that the Court hands down. Topics studied include: appointments to the Court; the Court’s jurisdiction; the Court's procedures for determining which cases it will review; the internal deliberative processes of the Court; the role of the Government and other advocates before the Court; the role of the law clerks at the Court; the role of precedent; and proposals for increasing public access to the Court. Students will read the briefs and lower court opinions in constitutional law cases currently pending before the Supreme Court and debate the cases while role-playing the part of a Justice of the Supreme Court. Over the course of the semester, students will write a short certiorari pool memorandum; a short bench memorandum in a pending case; and majority and dissenting opinions in one of the pending cases covered in the class. This is an option one writing requirement course. Due to the nature of this class, some or all of the sessions may not be recorded and posted except as required for accommodation of students with disabilities. Due to the nature of this class, real-time attendance is required (without an alternative way to earn equivalent credit) except in cases of illness or emergency. NOTE: In this class, the usual provisions of Add/Drop do not apply. All interested students, whether enrolled or on the waitlist, must attend the first class in order to be admitted. Any student who does not attend the first class without prior permission of the instructor will be dropped from the class and the waitlist. No additional students will be permitted to add the course. Fall 2022 Description: This seminar examines the Supreme Court as an institution with emphasis on the ways in which the institutional forms and structures of the Court influence the decisions that the Court hands down. Topics studied include: appointments to the Court; the Court’s jurisdiction; the Court's procedures for determining which cases it will review; the internal deliberative processes of the Court; the role of the Government and other advocates before the Court; the role of the law clerks at the Court; the role of precedent; and proposals for increasing public access to the Court. Students will read the briefs and lower court opinions in constitutional law cases currently pending before the Supreme Court and debate the cases while role-playing the part of a Justice of the Supreme Court. Over the course of the semester, students will write a short certiorari pool memorandum; a short bench memorandum in a pending case; and majority and dissenting opinions in one of the pending cases covered in the class. This is an option one writing requirement course. Due to the nature of this class, some or all of the sessions may not be recorded and posted except as required for accommodation of students with disabilities. Due to the nature of this class, real-time attendance is required (without an alternative way to earn equivalent credit) except in cases of illness or emergency. NOTE: In this class, the usual provisions of Add/Drop do not apply. All interested students, whether enrolled or on the waitlist, must attend the first class in order to be admitted. Any student who does not attend the first class without prior permission of the instructor will be dropped from the class and the waitlist. No additional students will be permitted to add the course. Fall 2023 Description: This seminar examines the Supreme Court as an institution with emphasis on the ways in which the institutional forms and structures of the Court influence the decisions that the Court hands down. Topics studied include: appointments to the Court; the Court’s jurisdiction; the Court's procedures for determining which cases it will review; the internal deliberative processes of the Court; the role of the Government and other advocates before the Court; the role of the law clerks at the Court; the role of precedent; and proposals for increasing public access to the Court. Students will read the briefs and lower court opinions in constitutional law cases currently pending before the Supreme Court and debate the cases while role-playing the part of a Justice of the Supreme Court. Over the course of the semester, students will write a short certiorari pool memorandum; a short bench memorandum in a pending case; and majority and dissenting opinions in one of the pending cases covered in the class. This is an option one writing requirement course. Due to the nature of this class, some or all of the sessions may not be recorded and posted except as required for accommodation of students with disabilities. Due to the nature of this class, real-time attendance is required (without an alternative way to earn equivalent credit) except in cases of illness or emergency. NOTE: In this class, the usual provisions of Add/Drop do not apply. All interested students, whether enrolled or on the waitlist, must attend the first class in order to be admitted. Any student who does not attend the first class without prior permission of the instructor will be dropped from the class and the waitlist. No additional students will be permitted to add the course. |
| Law 227.81 Introduction to the Supreme Court for 1Ls 1 Units |
| Spring 2023: In-Person |
| Description: Spring 2023 Description: This one unit class on the Supreme Court is designed to give 1Ls an introduction into how the Court functions, its current cases, and the debates surrounding its potential reform. Students will read scholarship and commentary about the Court as well as pending cases, and engage in a couple of written exercises that mimic what real Supreme Court law clerks undertake. Students will be evaluated based on their class participation and written exercises. |
| Law 227.82 Supreme Court October Term 2024 1 Units |
| Spring 2025: In-Person |
| Description: Spring 2025 Description: This 1-unit class will invite students to read seven currently pending Supreme Court cases as an introduction to the Supreme Court as an institution with emphasis on the ways in which the institutional forms and structures of the Court influence the decisions that the Court hands down. Each week, students will be introduced to how the Court functions and they will discuss and debate one of the Court’s pending cases. The class will meet for seven weeks in two-hour sessions at the beginning of the semester. This is a pass/fail course. Course credit will be based on a combination of classroom participation and a writing assignment, which will entail drafting one seven-page bench memo setting forth your recommendation as to how a sitting justice should decide one of the pending cases we will read. Attendance at the first class is mandatory for all enrolled students. Failure of enrolled students to attend the first class without prior email notice to the Professor explaining the absence and receiving approval of the absence will result in the student being dropped from the course after the first class. |
| Law 227.9 California Wage and Hour Law 1 Units |
| Spring 2021: Remote due to COVID Spring 2022: In-Person |
| Description: Spring 2021 Description: Wage and hour law continues to dominate the employment law landscape in California. In this class, we will read the latest cases, discuss the most recent strategies (for both plaintiffs and defendants), and hear from the leading practitioners. This class will be as practical and hands-on as possible. We will use fact patterns to learn how to identify wage and hour violations in the real world. Syllabus Outline 1. Introduction to the course and the role of the class action device in wage and hour case 2. Overtime (OT) a. Exemptions b. Exceptions to Exemptions c. How OT works in CA 3. Compensable Time and Minimum Wage 4. Wage and hour trials 5. Substantive Areas a. Meal and Rest Periods b. Vacation Pay 6. Substantive Areas a. Business Expenses b. Wage Statements and Forms of Payment 7. PAGA, Arbitration and the Future of W/H Law Materials The materials will be mainly cases, supplemented with secondary sources. We will provide all of the materials to the students. Course-Specific Learning Outcomes Our goal is that students who take this course will be able to: 1. Comprehend both the fundamental tenets of and the cutting-edge trends in California wage and hour law; 2. Apply California wage and hour law to issues that arise in the modern workplace; 3. Formulate meaningful questions in response to specific factual scenarios in order to evaluate which wage and hour laws are implicated by a particular situation; and 4. Analyze the societal impacts of wage and hour law. Spring 2022 Description: Wage and hour law continues to dominate the employment law landscape in California. In this class, we will read the latest cases, discuss the most recent strategies (for both plaintiffs and defendants), and hear from the leading practitioners. This class will be as practical and hands-on as possible. We will use fact patterns to learn how to identify wage and hour violations in the real world. Syllabus Outline 1. Introduction to the course and the role of the class action device in wage and hour case 2. Overtime (OT) a. Exemptions b. Exceptions to Exemptions c. How OT works in CA 3. Compensable Time and Minimum Wage 4. Wage and hour trials 5. Substantive Areas a. Meal and Rest Periods b. Vacation Pay 6. Substantive Areas a. Business Expenses b. Wage Statements and Forms of Payment 7. PAGA, Arbitration and the Future of W/H Law Materials The materials will be mainly cases, supplemented with secondary sources. We will provide all of the materials to the students. Course-Specific Learning Outcomes Our goal is that students who take this course will be able to: 1. Comprehend both the fundamental tenets of and the cutting-edge trends in California wage and hour law; 2. Apply California wage and hour law to issues that arise in the modern workplace; 3. Formulate meaningful questions in response to specific factual scenarios in order to evaluate which wage and hour laws are implicated by a particular situation; and 4. Analyze the societal impacts of wage and hour law. |
| Law 230 Criminal Law 4 Units |
| Spring 2020: Remote due to COVID Fall 2020: Remote due to COVID Spring 2021: Remote due to COVID Fall 2021: In-Person Spring 2022: In-Person Fall 2022: In-Person Spring 2023: In-Person Fall 2023: In-Person Spring 2024: In-Person Fall 2024: In-Person Spring 2025: In-Person |
| Description: Spring 2020 Description: This course is an introduction to criminal law with primary emphasis on the general principles of criminal liability. Fall 2020 Description: This course is an introduction to criminal law with primary emphasis on the general principles of criminal liability. Spring 2021 Description: This course is an introduction to criminal law with primary emphasis on the general principles of criminal liability. Fall 2021 Description: This course is an introduction to criminal law with primary emphasis on the general principles of criminal liability. Spring 2022 Description: This course is an introduction to criminal law with primary emphasis on the general principles of criminal liability. Fall 2022 Description: This course is an introduction to criminal law with primary emphasis on the general principles of criminal liability. Spring 2023 Description: This course is an introduction to criminal law with primary emphasis on the general principles of criminal liability. Fall 2023 Description: This course is an introduction to criminal law with primary emphasis on the general principles of criminal liability. Spring 2024 Description: This course is an introduction to criminal law with primary emphasis on the general principles of criminal liability. Fall 2024 Description: This course is an introduction to criminal law with primary emphasis on the general principles of criminal liability. Spring 2025 Description: This course is an introduction to criminal law with primary emphasis on the general principles of criminal liability. |
| Law 230.2 Police Interrogations and Investigations: A Comparative Perspective 2 Units |
| Spring 2021: Remote due to COVID Fall 2022: In-Person Instruction Fall 2023: In-Person |
| Description: Spring 2021 Description: The early stages of criminal investigations are often outcome-determinative, and this is true across nations, societies, and types of criminal justice systems. This course takes a comparative approach to the early stages of criminal investigations with a particular emphasis on investigations and interrogations by police and prosecutors. The seminar will cover some aspects of U.S. law and practice. But we will spend more time examining developments in other nations and systems. We will begin with the context for criminal justice reforms, discussing the structure and function of governmental institutions, such as police, courts, prosecution and defense; regulation of police investigations; interrogation theory and practice; rates of crime; and various nations’ criminal justice priorities. This is a very interesting time to take a comparative approach. A number of countries in Latin America are moving from record-based forms of adjudication to oral trials. Japan adopted a lay judge system for certain serious cases, and is recording most interrogations. These reforms in the adjudicative process influence how investigations are conducted and evidence is collected. Decisions from the European Court of Human Rights, and directives from the European Parliament and the Council of the European Union, are prompting changes in nations’ laws and investigative procedures in much of Europe. Criminal justice systems provide a lens through which to examine various nations’ values, cultures, and institutions. A 12-18 page paper is required. First drafts of the paper are due March 18, and the final papers will be due May 10. Prior enrollment in Criminal Procedure-Investigations is suggested, but not required. Students with knowledge, experience or interest in other systems (including LL.M. students) are encouraged to enroll. Fall 2022 Description: empty Fall 2023 Description: The early stages of criminal investigations are often outcome-determinative, and this is true across nations, societies, and types of criminal legal systems. This course takes a comparative approach to the early stages of criminal investigations with a particular emphasis on investigations and interrogations by police and prosecutors. The seminar will cover some aspects of U.S. law and practice. But we will spend more time examining developments in other nations and systems. We will begin with the context for criminal legal reforms, discussing the structure and function of governmental institutions, such as police, courts, prosecution and defense; regulation of police investigations; interrogation theory and practice; rates of crime; and various nations’ criminal legal priorities. This is a very interesting time to take a comparative approach. A number of countries in Latin America have moved from record-based forms of adjudication to oral trials. Japan adopted a lay judge system for certain serious cases, and is recording most interrogations. These reforms in the adjudicative process influence how investigations are conducted and evidence is collected. Decisions from the European Court of Human Rights, and directives from the European Parliament and the Council of the European Union, are prompting changes in nations’ laws and investigative procedures in much of Europe. Criminal justice systems provide a lens through which to examine various nations’ values, cultures, and institutions. A 12-18 page paper is required. First drafts of the paper are due October 16, and the final papers will be due December 7. Prior enrollment in Criminal Procedure-Investigations is suggested, but not required. Students with knowledge, experience or interest in other systems (including LL.M. students) are encouraged to enroll. |
| Law 230.9 Where Civil and Criminal Laws Collide 1 Units |
| Spring 2020: Remote due to COVID Spring 2021: Remote due to COVID Spring 2022: In-Person Spring 2023: In-Person Spring 2024: In-Person Spring 2025: In-Person |
| Description: Spring 2020 Description: The historically tight distinction between criminal and civil actions is dead. Most criminal actions, for example, include mandatory restitution, a civil remedy. Many civil actions, for example, include the possibility of punitive damages, a quasi-criminal sanction. And numerous federal statutes, such as the securities and racketeering laws, provide civil, regulatory,and criminal sanctions for the identical conduct. Indeed, most defendants charged with "white collar" crimes also face parallel regulatory actions and private civil actions, sometimes both state and federal. This course explores, from both practical and jurisprudential standpoints, the dilemmas and acute conflicts created by this interplay of civil, administrative, and criminal lawsuits, and suggests that judges, and lawyers, need to open their eyes to the new world where "civil" and "criminal" no longer describe what is going on in the courts. The teacher, Judge Jed S. Rakoff, is a former federal prosecutor and criminal defense lawyer, who has served 23 years as a federal district judge in the Southern District of New York. He also serves as an adjunct professor at Columbia Law School and is a regular writer for the New York Review of Books. This class will meet: Thursday, March 12th at 6:25-9:25 pm, Friday, March 13th 10 am -12:00 pm and 3:10 pm- 5:10 pm Saturday, March 14th 9:30 am-12:30 pm and 2:10 pm-5:10 pm Spring 2021 Description: The historically tight distinction between criminal and civil actions is dead. Most criminal actions, for example, include mandatory restitution, a civil remedy. Many civil actions, for example, include the possibility of punitive damages, a quasi-criminal sanction. And numerous federal statutes, such as the securities and racketeering laws, provide civil, regulatory,and criminal sanctions for the identical conduct. Indeed, most defendants charged with "white collar" crimes also face parallel regulatory actions and private civil actions, sometimes both state and federal. This course explores, from both practical and jurisprudential standpoints, the dilemmas and acute conflicts created by this interplay of civil, administrative, and criminal lawsuits, and suggests that judges, and lawyers, need to open their eyes to the new world where "civil" and "criminal" no longer describe what is going on in the courts. The teacher, Judge Jed S. Rakoff, is a former federal prosecutor and criminal defense lawyer, who has served 25 years as a federal district judge in the Southern District of New York. He also serves as an adjunct professor at both Columbia Law School and NYU Law School, and is a regular writer for the New York Review of Books. This class will meet: Thursday, March 4th 6:25PM-9:15PM Friday, March 5th 10AM-12PM and 3:10PM-5:10PM Saturday, March 6h 9:30AM-12:30PM and 2:10PM-5:10PM Spring 2022 Description: The historically tight distinction between criminal and civil actions is dead. Most criminal actions, for example, include mandatory restitution, a civil remedy. Many civil actions, for example, include the possibility of punitive damages, a quasi-criminal sanction. And numerous federal statutes, such as the securities and racketeering laws, provide civil, regulatory, and criminal sanctions for the identical conduct. Indeed, as the recent reversal of Bill Cosby's criminal conviction illustrates, most defendants charged with "white collar" crimes also face parallel regulatory actions and private civil actions, sometimes both state and federal, with significant consequences. This course explores, from both practical and jurisprudential standpoints, the dilemmas and acute conflicts created by this interplay of civil, administrative, and criminal lawsuits, and suggests that judges, and lawyers, need to open their eyes to the new world where "civil" and "criminal" no longer describe what is going on in the courts. The teacher, Judge Jed S. Rakoff, is a former federal prosecutor and criminal defense lawyer, who has served 25 years as a federal district judge in the Southern District of New York. He also serves as an adjunct professor at both Columbia Law School and NYU Law School, and is a regular writer for the New York Review of Books. This class will meet: Thursday, February 24th 6:25PM-9:15PM Friday, February 25th 10AM-12PM and 3:10PM-5:10PM Saturday, February 26th 9:30AM-12:30PM and 2:10PM-5:10PM Spring 2023 Description: This is a course about how, in reality, civil and criminal laws, theoretically distinct, not only frequently overlap, but also sometimes collide, in their application to common legal disputes. For example, civil juries are routinely asked to award quasi-criminal punitive damages, while sentencing judges are frequently required to impose civil remedies such as restitution. Corporations can be indicted criminally even though they face only monetary sanctions, while individuals can be sent to jail for civil contempt of court or for civil violations of criminal probationary terms. Moreover, litigators frequently find that their clients' difficulties require them to defend criminal prosecutions, regulatory proceedings, and private actions all at once. And the Supreme Court, for its part, has found it impossible to clearly define when a proceeding is civil or criminal. In short, this is a course about how the law really works in practice, as opposed to theory. Spring 2024 Description: This is a course about how, in reality, civil and criminal laws, theoretically distinct, not only frequently overlap, but also sometimes collide, in their application to common legal disputes. For example, civil juries are routinely asked to award quasi-criminal punitive damages, while sentencing judges are frequently required to impose civil remedies such as restitution. Corporations can be indicted criminally even though they face only monetary sanctions, while individuals can be sent to jail for civil contempt of court or for civil violations of criminal probationary terms. Moreover, litigators frequently find that their clients' difficulties require them to defend criminal prosecutions, regulatory proceedings, and private actions all at once. And the Supreme Court, for its part, has found it impossible to clearly define when a proceeding is civil or criminal. In short, this is a course about how the law really works in practice, as opposed to theory. We also have special academic rules for these condensed courses: -Students must attend each course session and cannot attend any course session remotely (even for illness or emergency situations). -The Registrar’s Office will drop a student who does not attend each course session. Due to the condensed nature of this course, in-person attendance at all course sessions is mandatory. Absences cannot be excused for any reason, including illness or emergencies. The Registrar’s Office will drop any student who misses a session. Spring 2025 Description: This is a course about how, in reality, civil and criminal laws, theoretically distinct, not only frequently overlap, but also sometimes collide, in their application to common legal disputes. For example, civil juries are routinely asked to award quasi-criminal punitive damages, while sentencing judges are frequently required to impose civil remedies such as restitution. Corporations can be indicted criminally even though they face only monetary sanctions, while individuals can be sent to jail for civil contempt of court or for civil violations of criminal probationary terms. Moreover, litigators frequently find that their clients' difficulties require them to defend criminal prosecutions, regulatory proceedings, and private actions all at once. And the Supreme Court, for its part, has found it impossible to clearly define when a proceeding is civil or criminal. In short, this is a course about how the law really works in practice, as opposed to theory. We also have special academic rules for these condensed courses: -Students must attend each course session and cannot attend any course session remotely (even for illness or emergency situations). -The Registrar’s Office will drop a student who does not attend each course session. Due to the condensed nature of this course, in-person attendance at all course sessions is mandatory. Absences cannot be excused for any reason, including illness or emergencies. The Registrar’s Office will drop any student who misses a session. |
| Law 231 Criminal Procedure - Investigations 4 Units |
| Spring 2020: Remote due to COVID Fall 2020: Remote due to COVID Spring 2021: Remote due to COVID Fall 2021: In-Person Spring 2022: In-Person Fall 2022: In-Person Spring 2023: In-Person Fall 2023: In-Person Spring 2024: In-Person Fall 2024: In-Person Spring 2025: In-Person |
| Description: Spring 2020 Description: The course will examine criminal investigations and the constitutional law relating to police officers and lawyers. Topics include the role of prosecution and defense counsel, search and seizure, police interrogation, the exclusionary rule, grand juries, eyewitness identifications, and the assistance of counsel. In addition to doctrine, we will regularly discuss public policy and lawyering strategies. Students will be expected to attend class and participate in discussions throughout the semester. Students will be "on call" approximately every third week, and will be excused from "on call" obligations only if they notify the instructor in advance about a conflict, unavailability, or a circumstance that makes it unreasonable to expect them to participate. Students will be expected to make up any of these excused on-call obligations. Just like the big, big, big quiz held every July, there will be an in-class, closed book final exam. There will also be 2 open-book on-line quizzes during the semester. Fall 2020 Description: This course covers the law of criminal investigations, based primarily on the Fourth, Fifth, and Sixth Amendments to the U.S. Constitution. Topics include the constitutional rules for searching homes, cars, and people; the law of arrests; stop and frisk; surveillance law and computer searches; the scope of the exclusionary rule; the law of police interrogations, including the framework provided by Miranda v. Arizona; the role of the Sixth Amendment right to counsel; entrapment law; and the law of eyewitness identification. Students will be expected to attend class and to participate in discussions throughout the semester. Spring 2021 Description: This course covers the law of criminal investigations, based primarily on the Fourth, Fifth, and Sixth Amendments to the U.S. Constitution. Topics include the constitutional rules for searching homes, cars, and people; the law of arrests; stop and frisk; surveillance law and computer searches; the scope of the exclusionary rule; the law of police interrogations, including the framework provided by Miranda v. Arizona; the role of the Sixth Amendment right to counsel; entrapment law; and the law of eyewitness identification. Students will be expected to attend class and to participate in discussions throughout the semester. Fall 2021 Description: The course will examine criminal investigations and the constitutional law relating to police officers and lawyers. Topics include: the current structure and function of police, prosecutors and defense lawyers; the right to counsel; search and seizure; use of force; stop and frisk; police interrogation; the privilege against compelled self-incrimination; the exclusionary rule; and grand juries. We will explore public policy and lawyering strategies. We will discuss whether constitutional criminal procedure doctrines help or hinder efforts to regulate police and to check racism and police violence. We will also briefly consider civil rights doctrines, and the efficacy of civil lawsuits in regulating police. Students are expected to participate in class. Students will be "on call" periodically (with flexibility for those who cannot join on a particular day). The final will be a closed-book in-class exam. There will also be 2 required open-book on-line quizzes during the semester. Spring 2022 Description: This course covers the law of criminal investigations, based primarily on the Fourth, Fifth, and Sixth Amendments to the U.S. Constitution. Topics include the constitutional rules for searching homes, cars, and people; the law of arrests; stop and frisk; surveillance law and computer searches; the scope of the exclusionary rule; the law of police interrogations, including the framework provided by Miranda v. Arizona; the role of the Sixth Amendment right to counsel; entrapment law; and the law of eyewitness identification. Students will be expected to attend class and to participate in discussions throughout the semester. Fall 2022 Description: The course will examine constitutional law concerning criminal investigations. Topics include the role of prosecution and defense counsel, search and seizure, police interrogation, the exclusionary rule, eyewitness identifications, and the assistance of counsel. In addition to doctrine, we will regularly discuss public policy and lawyering strategies. A major theme of the course looks at how the Supreme Court's decisions have contributed to issues of race and policing in the United States. Students will be expected to attend class and participate in discussions throughout the semester. The grade will be based on a final examination. It will be an open-book, open-notes eight hour take-home exam that can be taken any time during the exam period. Spring 2023 Description: This course covers the law of criminal investigations, based primarily on the Fourth, Fifth, and Sixth Amendments to the U.S. Constitution. Topics include the constitutional rules for searching homes, cars, and people; the law of arrests; stop and frisk; surveillance law and computer searches; the scope of the exclusionary rule; the law of police interrogations, including the framework provided by Miranda v. Arizona; the role of the Sixth Amendment right to counsel; entrapment law; and the law of eyewitness identification. Students will be expected to participate in discussions throughout the semester. Fall 2023 Description: The course will examine the law (primarily, but not exclusively, constitutional law) governing criminal investigations. Topics may include: the current structure and function of police, prosecutors and defense lawyers; the right to counsel; search and seizure; use of force; stop and frisk; police interrogation; the privilege against compelled self-incrimination; the exclusionary rule; and grand juries. We will explore public policy and lawyering strategies. We will discuss whether constitutional criminal procedure doctrines help or hinder efforts to regulate police and to check racism and police violence. We will also briefly consider civil rights doctrines, and the efficacy of civil lawsuits in regulating police. Students are expected to participate in class. Students will be "on call" periodically (with flexibility for those who cannot join on a particular day). The final will be an open-book in-class exam. Spring 2024 Description: This course covers the law of criminal investigations, based primarily on the Fourth, Fifth, and Sixth Amendments to the U.S. Constitution. Topics include the constitutional rules for searching homes, cars, and people; the law of arrests; stop and frisk; surveillance law and computer searches; the scope of the exclusionary rule; the law of police interrogations, including the framework provided by Miranda v. Arizona; the role of the Sixth Amendment right to counsel; entrapment law; and the law of eyewitness identification. Students will be expected to participate in discussions throughout the semester. The final will be an open-book in-class exam. Fall 2024 Description: The course will examine criminal investigations and the constitutional law relating to police officers and lawyers. Topics include: the current structure and function of police, prosecutors and defense lawyers; the right to counsel; search and seizure; use of force; stop and frisk; police interrogation; the privilege against compelled self-incrimination; the exclusionary rule; and grand juries. We will explore public policy and lawyering strategies. We will discuss whether constitutional criminal procedure doctrines help or hinder efforts to regulate police and to check racism and police violence. We will also briefly consider civil rights doctrines and the efficacy of civil lawsuits in regulating police. Students are expected to participate in class. Students will be "on call" periodically (with flexibility for those who cannot join on a particular day). The final will be a closed-book in-class exam. There will also be several required open-book on-line quizzes during the semester. Spring 2025 Description: The course will examine criminal investigations and the constitutional law relating to police officers and lawyers. Topics include: the current structure and function of police, prosecutors and defense lawyers; the right to counsel; search and seizure; use of force; stop and frisk; police interrogation; the privilege against compelled self-incrimination; the exclusionary rule; and grand juries. We will explore public policy and lawyering strategies. We will discuss whether constitutional criminal procedure doctrines help or hinder efforts to regulate police and to check racism and police violence. We will also briefly consider civil rights doctrines and the efficacy of civil lawsuits in regulating police. Students are expected to participate in class. Students will be "on call" periodically (with flexibility for those who cannot join on a particular day). The final will be a closed-book in-class exam. There will also be several required open-book on-line quizzes during the semester. |
| Law 231.1 Criminal Procedure - Adjudication 4 Units |
| Spring 2020: Remote due to COVID Spring 2021: Remote due to COVID Spring 2022: In-Person Spring 2023: In-Person Spring 2024: In-Person Spring 2025: In-Person |
| Description: Spring 2020 Description: This course is about how a criminal case advances through the court system. It covers charging decisions and grand jury; bail; right to counsel; right to jury; plea bargaining; discovery; pre-trial, trial, and post-trial proceedings; double jeopardy; sentencing; habeas corpus; and appellate standards of review. We will concentrate primarily on federal law, with some coverage of state procedure. This class will be taught from a practitioner's vantage. To that end, we will spend substantial class time discussing practical application, including a mandatory but ungraded motion assignment. Note, Criminal Procedure-Investigations is not a prerequisite. Spring 2021 Description: This course is about how a criminal case advances through the court system. It covers charging decisions and grand jury; bail; right to counsel; right to jury; plea bargaining; discovery; pre-trial, trial, and post-trial proceedings; double jeopardy; sentencing; habeas corpus; and appellate standards of review. We will concentrate primarily on federal law, with some coverage of state procedure. This class will be taught from a practitioner's vantage. To that end, we will spend substantial class time discussing practical application, including a mandatory but ungraded motion assignment. Note: Criminal Procedure-Investigations and Evidence are not prerequisites, and cover substantially different material. Also note: If you are taking Criminal Procedure primarily for bar exam purposes, and have to choose between taking Investigations or Adjudication, I would strongly suggest taking Investigations instead. Spring 2022 Description: The course aims to provide you with general knowledge and insights into the principles of American criminal procedure, focusing on the adjudicative process "from bail to jail." Our theoretical focus will be on the tension between the Crime Control model, which advocates swift determinations and final outcomes largely via a plea bargaining system, and the Due Process model, which advocates trial advocacy, cross examination, and opportunities for quality control. Through these models, we will examine various issues concerning adjudication and sentencing: bail, prosecutorial discretion in charging, preliminary hearings, grand juries, pretrial motions and discovery, joinder and severance, the right to a speedy trial, effective assistance of counsel, adversarial rights, the right to a jury, jury selection and deliberation, sentencing, crimmigration, double jeopardy, appeals, and habeas corpus. We will pay attention to Constitutional rights and limitations, as well as to Federal and California law, when applicable. The course is taught through a flipped classroom method. You will receive readings and prerecorded lecturettes. During class, we will focus on problem solving and simulations, including plea bargain negotiation, jury selection, closing and sentencing arguments, and motion practice. Learning Outcomes At the end of the semester you should be able to: 1. Describe bail mechanisms and assess whether a given decision to detain someone or release him/her on bail is constitutional 2. Explain the factors in, and constraints on, prosecutorial discretion in charging 3. Explain pretrial proceedings in California and Federal law, and assess whether a given defendant was treated constitutionally in a pretrial hearing or in a grand jury hearing 4. Explain the constitutional requirements of discovery and California practices regarding discovery, and assess whether the prosecution has complied with Brady requirements in a given scenario 5. Assess whether plea negotiations in a given case violated the constitution, and explain whether a given conviction obtained through a plea bargain can be attacked, directly or collaterally 6. Analyze possible violations of the right to a jury trial in a given case 7. Analyze possible violations of the right to confront witnesses in a given case 8. Describe the general sentencing scheme in a typical case under Federal law and under California law 9. Predict the immigration consequences of criminal convictions 10. Describe the appellate process and the Federal Habeas process 11. Assess which paths are open to a given defendant in terms of post-conviction remedies Spring 2023 Description: The course aims to provide you with general knowledge and insights into the principles of American criminal procedure, focusing on the adjudicative process "from bail to jail." Our theoretical focus will be on the tension between the Crime Control model, which advocates swift determinations and final outcomes largely via a plea bargaining system, and the Due Process model, which advocates trial advocacy, cross examination, and opportunities for quality control. Through these models, we will examine various issues concerning adjudication and sentencing: bail, prosecutorial discretion in charging, preliminary hearings, grand juries, pretrial motions and discovery, joinder and severance, the right to a speedy trial, effective assistance of counsel, adversarial rights, the right to a jury, jury selection and deliberation, sentencing, crimmigration, double jeopardy, appeals, and habeas corpus. We will pay attention to Constitutional rights and limitations, as well as to Federal and California law, when applicable. The course is taught through a flipped classroom method. You will receive readings and prerecorded lecturettes. During class, we will focus on problem solving and simulations, including plea bargain negotiation, jury selection, closing and sentencing arguments, and motion practice. While some of the course material in this class is covered on the Bar exam, those students planning to take only one Criminal Procedure course for Bar purposes should take Criminal Procedure - Investigations. Learning Outcomes At the end of the semester you should be able to: 1. Describe bail mechanisms and assess whether a given decision to detain someone or release him/her on bail is constitutional 2. Explain the factors in, and constraints on, prosecutorial discretion in charging 3. Explain pretrial proceedings in California and Federal law, and assess whether a given defendant was treated constitutionally in a pretrial hearing or in a grand jury hearing 4. Explain the constitutional requirements of discovery and California practices regarding discovery, and assess whether the prosecution has complied with Brady requirements in a given scenario 5. Assess whether plea negotiations in a given case violated the constitution, and explain whether a given conviction obtained through a plea bargain can be attacked, directly or collaterally 6. Analyze possible violations of the right to a jury trial in a given case 7. Analyze possible violations of the right to confront witnesses in a given case 8. Describe the general sentencing scheme in a typical case under Federal law and under California law 9. Predict the immigration consequences of criminal convictions 10. Describe the appellate process and the Federal Habeas process 11. Assess which paths are open to a given defendant in terms of post-conviction remedies Spring 2024 Description: This course is about how a criminal case advances through the court system. It covers charging decisions and grand jury; bail; right to counsel; right to jury; plea bargaining; discovery; pre-trial, trial, and post-trial proceedings; double jeopardy; sentencing; habeas corpus; and appellate standards of review. We will concentrate primarily on federal law, with some coverage of state procedure. This class will be taught from a practitioner's vantage. To that end, we will spend substantial class time discussing practical application, including a mandatory but ungraded motion assignment. Note: Criminal Procedure-Investigations and Evidence are not prerequisites, and cover substantially different material. Also note: If you are taking Criminal Procedure primarily for bar exam purposes, and have to choose between taking Investigations or Adjudication, I would strongly suggest taking Investigations instead. Spring 2025 Description: This course explores the constitutional and statutory law governing the criminal adjudication process. It covers charging decisions and grand jury; bail; right to counsel; right to jury, including race- and sex-based peremptory strikes and the fair cross section requirement, and the Apprendi doctrine; plea bargaining; discovery; pre-trial, trial, and post-trial proceedings; double jeopardy; sentencing; habeas corpus; and appellate standards of review. We will concentrate primarily on federal law, with some coverage of state procedure. This class will be taught from a practitioner's vantage. To that end, we will spend substantial class time discussing practical application, including a mandatory but ungraded motion assignment. Note: Criminal Procedure-Investigations and Evidence are not prerequisites, and cover substantially different material. Also note: If you are taking Criminal Procedure primarily for bar exam purposes, and have to choose between taking Investigations or Adjudication, I would strongly suggest taking Investigations instead. |
| Law 231.5 California Prisons and Discretionary Parole 1 Units |
| Spring 2020: Remote due to COVID Spring 2021: Remote due to COVID Spring 2022: In-Person Spring 2023: In-Person Spring 2024: In-Person |
| Description: Spring 2020 Description: This is a one-unit course through which students learn a variety of practical legal skills while also learning how to advocate for indigent California prisoners. Students interact with prisoners' rights attorneys, prison experts, prison workers and people who are currently and formerly incarcerated. They also complete reading and writing assignments exposing them to the constantly-changing legal landscape of life inside California’s prison system. Students will develop skills in working with clients from diverse backgrounds; document review and synthesis; and counseling clients preparing for administrative proceedings. Students are graded on a credit/no-credit basis, as determined by class participation and completion of several writing assignments, which may include: legal counseling memoranda and reflection memoranda following prison tours and observations of parole consideration hearings. While not required, this course complements Berkeley Law’s Post-Conviction Advocacy Project (P-CAP), a student-initiated legal services project. P-CAP participants conduct in-depth, one-on-one meetings with clients housed at San Quentin and other prisons. They also interact with individuals and organizations in the community (e.g., family members of incarcerated persons, community service providers, etc.) to help clients develop residential, employment and after-care plans to address long-standing issues that contributed to past criminality. Students' P-CAP participation culminates in their appearance as certified law students representing clients appearing before the California parole board. Course Instructor Keith Wattley is the Founder and Executive Director of UnCommon Law, a nonprofit law firm that provides counseling and legal services to California prisoners serving life sentences. He is currently involved in a two-year Fellowship with the Obama Foundation, which is helping bring UnCommon Law's work to scale. Prior to launching UnCommon Law in 2006, Keith was a staff attorney at the Prison Law Office, a nonprofit law firm in Berkeley. He has represented thousands of prisoners in impact litigation and individual matters. He has also trained hundreds of lawyers, law students and others in prisoner and parole advocacy. Keith supervises the Post-Conviction Advocacy Project at UC Berkeley School of Law and received the Law School's 2016 Kathi Pugh Award for Exceptional Mentorship. Spring 2021 Description: This is a one-unit course through which students learn a variety of practical legal skills while also learning how to advocate for people serving time in California prisons. Students interact with attorneys, experts, prison workers and people who are currently and formerly incarcerated. They also complete reading and writing assignments exposing them to the constantly-changing legal landscape of life inside California’s prison system. Students will develop skills in working with clients from diverse backgrounds; document review and synthesis; and counseling clients preparing for administrative proceedings. Students are graded on a credit/no-credit basis, as determined by class participation and completion of several writing assignments, which may include: legal counseling memoranda and reflection memoranda following prison tours and observations of parole consideration hearings. While not required, this course complements Berkeley Law’s Post-Conviction Advocacy Project (P-CAP), a student-initiated legal services project. P-CAP participants conduct in-depth, one-on-one meetings with clients housed at San Quentin and other prisons. They also interact with individuals and organizations in the community (e.g., family members of incarcerated persons, community service providers, etc.) to help clients develop residential, employment and after-care plans to address long-standing issues that contributed to past criminality. Students' P-CAP participation culminates in their appearance as certified law students representing clients appearing before the California parole board. This course will meet every other week on these dates: January 25th, February 8th, February 22nd, March 8th, April 5th, April 19th, and May 3rd. Course Instructor Keith Wattley is the Founder and Executive Director of UnCommon Law, a nonprofit law firm that provides counseling and legal services to people serving life sentences. He was an inaugural Obama Foundation Fellow and a current James Irvine Foundation Leadership Award recipient. Prior to launching UnCommon Law in 2006, Keith was a staff attorney at the Prison Law Office, a nonprofit law firm in Berkeley. He has represented thousands in impact litigation and individual matters. He has also trained hundreds of lawyers, law students and others. Keith supervises the Post-Conviction Advocacy Project at UC Berkeley School of Law and received the Law School's 2016 Kathi Pugh Award for Exceptional Mentorship. Spring 2022 Description: This is a one-unit course through which students learn a variety of practical legal skills while also learning how to advocate for people serving time in California prisons. Students interact with attorneys, experts, prison workers and people who are currently and formerly incarcerated. They also complete reading and writing assignments exposing them to the constantly-changing legal landscape of life inside California’s prison system. Students will develop skills in working with clients from diverse backgrounds; document review and synthesis; and counseling clients preparing for administrative proceedings. Students are graded on a credit/no-credit basis, as determined by completion of several writing assignments, which may include: legal counseling memoranda and reflection memoranda following prison tours and observations of parole consideration hearings. While not required, this course complements Berkeley Law’s Post-Conviction Advocacy Project (P-CAP), a student-initiated legal services project. P-CAP participants conduct in-depth, one-on-one meetings with clients housed at San Quentin and other prisons. They also interact with individuals and organizations in the community (e.g., family members of incarcerated persons, community service providers, etc.) to help clients develop residential, employment and after-care plans to address long-standing issues that contributed to past criminality. Students' P-CAP participation culminates in their appearance as certified law students representing clients appearing before the California parole board. This course will meet roughly every other week from January through April. Course Instructor Keith Wattley is the Founder and Executive Director of UnCommon Law, a nonprofit law firm that provides counseling and legal services to people serving life sentences. He was an inaugural Obama Foundation Fellow and a current James Irvine Foundation Leadership Award recipient. He has represented thousands in impact litigation and individual matters. He has also trained hundreds of lawyers, law students and others. For many years, Keith supervised the Post-Conviction Advocacy Project at Berkeley Law and received the Law School's 2016 Kathi Pugh Award for Exceptional Mentorship. Spring 2023 Description: In this course, students learn a variety of practical legal skills while also learning how to advocate for people serving time in California prisons. Students interact with attorneys, experts, prison workers and people who are currently and formerly incarcerated. They also complete reading and writing assignments exposing them to the constantly-changing legal landscape of life inside California’s prison system. Students will develop skills in working with clients from diverse backgrounds; document review and synthesis; and counseling clients preparing for administrative proceedings. Students are graded on a credit/no-credit basis, as determined by completion of several writing assignments, which may include: legal counseling memoranda and reflection memoranda following observations of parole consideration hearings. While not required, this course complements Berkeley Law’s Post-Conviction Advocacy Project (P-CAP), a student-initiated legal services project. P-CAP participants conduct in-depth, one-on-one meetings with clients housed at San Quentin and other prisons. They also interact with individuals and organizations in the community (e.g., family members of incarcerated persons, community service providers, etc.) to help clients develop residential, employment and after-care plans to address long-standing issues that contributed to past criminality. Students' P-CAP participation culminates in their appearance as certified law students representing clients appearing before the California parole board. This course will meet roughly every other week from January through April. Course Instructor Keith Wattley is the Founder and Executive Director of UnCommon Law, a nonprofit law firm that provides counseling and legal services to people serving life sentences. He was an inaugural Obama Foundation Fellow and a current James Irvine Foundation Leadership Award recipient. He has represented thousands in impact litigation and individual matters. He has also trained hundreds of lawyers, law students and others. For many years, Keith supervised the Post-Conviction Advocacy Project at Berkeley Law and received the Law School's 2016 Kathi Pugh Award for Exceptional Mentorship. Spring 2024 Description: In this course, students learn a variety of practical legal skills while also learning how to advocate for people serving time in California prisons. Students interact with attorneys, experts, prison workers and people who are currently and formerly incarcerated. They also complete reading and writing assignments exposing them to the constantly-changing legal landscape of life inside California’s prison system. Students will develop skills in working with clients from diverse backgrounds; document review and synthesis; and counseling clients preparing for administrative proceedings. Students are graded on a credit/no-credit basis, as determined by completion of several writing assignments, which may include: legal counseling memoranda and reflection memoranda following observations of parole consideration hearings. While not required, this course complements Berkeley Law’s Post-Conviction Advocacy Project (P-CAP), a student-initiated legal services project. P-CAP participants conduct in-depth, one-on-one meetings with clients housed at San Quentin and other prisons. They also interact with individuals and organizations in the community (e.g., family members of incarcerated persons, community service providers, etc.) to help clients develop residential, employment and after-care plans to address long-standing issues that contributed to past criminality. Students' P-CAP participation culminates in their appearance as certified law students representing clients appearing before the California parole board. This course will meet roughly every other week from January through April. Course Instructor Keith Wattley is the Founder and Executive Director of UnCommon Law, a nonprofit law firm that provides trauma-informed counseling and legal services to people serving life sentences. He was an inaugural Obama Foundation Fellow and a recipient of the James Irvine Foundation Leadership Award. He has represented thousands in impact litigation and individual matters. He has also trained hundreds of lawyers, law students and others. For many years, Keith supervised the Post-Conviction Advocacy Project at Berkeley Law and received the Law School's 2016 Kathi Pugh Award for Exceptional Mentorship. |
| Law 231.51 People, Prisons and the Pandemic 2 Units |
| Spring 2021: Remote due to COVID |
| Description: Spring 2021 Description: This seminar will focus upon the plight and treatment of individuals detained in prisons, jails and detention centers during the COVID-19 pandemic. Potential topics may include COVID-19 and public health, and efforts by detainees, advocates, judges and officials to address the crisis, including through litigation, legislation, early release (such as parole, compassionate release, and home confinement), non-prosecution or diversion, bail, and implementing safety measures and medical care within institutions. We will adjust the course topics in light of conditions in Spring 2021. This is an Option 1 course with a paper of 12-18 pages. First drafts of the papers are due March 18. Final papers will be due May 10. Students will be encouraged to use their papers to explore any related topic that most interests them. |
| Law 232.11 When Technology Meets a Criminal Case 1 Units |
| Fall 2020: Remote due to COVID |
| Description: Fall 2020 Description: In today's world, technology is increasingly prevalent in the investigation and litigation of criminal cases. From location tracking information to facial recognition, from risk assessment tools used to set bail conditions to probabilistic genotyping software used to analyze DNA, among many others, technology permeates criminal cases from the start of an investigation to the conclusion of someone's sentence. This course will survey various technologies that are deployed during criminal cases and will confront the sorts of legal issues and challenges they present. Classes will be discussion-based and will focus on a different technology (or several) each week. Each student will give a short presentation (5-7 minutes) on a particular technology once during the course to help set the stage for our discussion. Grading will be based on a short final paper (6-8 pages) on a topic of the student's choosing, selected in consultation with the instructor. This class is among the special Fall 2020 1L elective seminars designed to give entering 1Ls an extra opportunity to form connections despite our remote form of interaction. In light of that goal, these classes will expect real-time attendance and may not be recorded. These classes will all be graded on a Credit/No Credit basis and total written work requirement will be no more than 8 double-spaced pages. |
| Law 232.31 Beyond Law and Order: Criminal Justice in Film and Television 1 Units |
| Fall 2020: Remote due to COVID |
| Description: Fall 2020 Description: This course explores how criminal justice has been portrayed in, and affected by, film and television. The class will watch several iconic films and TV shows depicting some aspect of the criminal justice system. It will explore the legal, social, and professional ethical issues raised by the films, critique the films' constructions of crime and criminality, lawyering and judging, and legal process (with an emphasis on race, class, and gender), and - to develop students' cultural literacy -- explain the films' substantive contributions to legal discourse, law reform, and public perceptions of criminal justice. The class will meet every other week for 100 minutes, and a film or TV show will be the assigned viewing between classes. We may experiment with simultaneous dinner-time viewing sessions. Instructors have years of experience representing indigent clients in the criminal justice system, watching movies and TV, and eating dinner. This course meets every other Thursday for 7 sessions beginning August 27th. This class is among the special Fall 2020 1L elective seminars designed to give entering 1Ls an extra opportunity to form connections despite our remote form of interaction. In light of that goal, these classes will expect real-time attendance and may not be recorded. These classes will all be graded on a Credit/No Credit basis and total written work requirement will be no more than 8 double-spaced pages. |
| Law 232.71 Police Use of Force in the 21st Century 2 Units |
| Spring 2020: Remote due to COVID |
| Description: Spring 2020 Description: High profile incidents like the deaths of Michael Brown and Eric Garner have put police conduct in the spotlight and created a wave of legal and policy reforms. In this course, we will examine the various legal responses and remedies to these incidents, including criminal prosecution, civil litigation, and administrative processes (internal affairs investigations/civilian oversight investigations/administrative discipline). This course will present a wide range of perspectives from civil rights lawyers, advocates for police accountability, and officers who have been involved in a shooting. Students will have the opportunity to go offsite to experience the use of force simulator used to train recruits and officers at the San Francisco Police Department Training Academy. The final evaluation will be an analysis of a model case from one or more of the perspectives presented. |
| Law 232.9 Crimmigration 2 Units |
| Spring 2021: Remote due to COVID Spring 2023: In-Person Spring 2025: In-Person |
| Description: Spring 2021 Description: Over the last several years the fields of immigration law and criminal law have converged into what has become known as "crimmigration," a fusion that has been called a "new system of social control." "Crimmigration" is a phenomenon that relates both to the combining of techniques and targets of enforcement and to the conflation of the "immigrant" and the "criminal." We will examine how the system of "crimmigration" developed historically and how scholars assess its rise. We will study the role of rhetoric, including the use of the term "criminal alien," the way the term "illegal" - when used to modify "immigrants" - has become aligned with "criminal," and the linking of "immigrant" with "criminal." We will discuss the grounded consequences of this convergence, namely the immigration consequences of criminal convictions, the immigration offenses that are federally prosecuted, and the enforcement of crimmigration. And we will consider what might be strategic and ethical responses to this convergence. Students will be exposed to relevant doctrine and legal scholarship, as well as key writings from other fields. Immigration Law is not a prerequisite for this course. Course requirements will include a twelve-page research paper, in-class presentations, reflection papers, and active participation. Spring 2023 Description: Over the last several years the fields of immigration law and criminal law have converged into what has become known as "crimmigration," a fusion that has been called a "new system of social control." "Crimmigration" is a phenomenon that relates both to the combining of techniques and targets of enforcement and to the conflation of the "immigrant" and the "criminal." We will examine how the system of "crimmigration" developed historically and how to assess its rise. We will study the role of rhetoric, including the use of the term "criminal alien," the way the term "illegal" - when used to modify "immigrants" - has become aligned with "criminal," and the linking of "immigrant" with "criminal." We will discuss the grounded consequences of this convergence, namely the immigration consequences of criminal convictions, the immigration offenses that are federally prosecuted, and the enforcement of crimmigration. And we will consider what might be strategic and ethical responses to this convergence. This course is structured as a seminar, as an exploration of what has developed as a new field of scholarship, and, this year, as a new field of practice. This year we will hear from several recent graduates of Berkeley Law who have practiced in this space for a range of organizations and in an array of roles. These alums will share the different strategies they have deployed in their attempt to capture developments in this new field, and will address a broad array of subtopics covered by the term “crimmigration.” Your final research paper, which you will workshop with the class, will be another way you may explore particular subtopics of interest. Immigration Law is not a prerequisite to enroll in this class. Spring 2025 Description: Over the last several years the fields of immigration law and criminal law have converged into what has become known as "crimmigration," a fusion that has been called a "new system of social control." "Crimmigration" is a phenomenon that relates both to the combining of techniques and targets of enforcement and to the conflation of the "immigrant" and the "criminal." We will examine how the system of "crimmigration" developed historically and how to assess its rise. We will study the role of rhetoric, including the use of the term "criminal alien," the way the term "illegal" - when used to modify "immigrants" - has become aligned with "criminal," and the linking of "immigrant" with "criminal." We will discuss the grounded consequences of this convergence, namely the immigration consequences of criminal convictions, the immigration offenses that are federally prosecuted, and the enforcement of crimmigration. And we will consider what might be strategic and ethical responses to this convergence. This course is structured as a seminar, as an exploration of what has developed as a new field of scholarship, and as a new field of practice. This year we will hear from leading scholars and practitioners (including graduates of Berkeley Law) who have worked in this space for a range of organizations and in an array of roles. We may also hear from their clients. Our guests will share the different strategies they have deployed in their attempt to describe and combat developments in this new field, and will address a broad array of subtopics covered by the term “crimmigration.” Your final research paper, which you will workshop with the class, will be another way you may explore particular subtopics of interest. Immigration Law is not a prerequisite to enroll in this class. |
| Law 233 White Collar Crime 2 Units |
| Fall 2020: Remote due to COVID Fall 2021: In-Person Fall 2022: In-Person Fall 2023: In-Person Fall 2024: In-Person |
| Description: Fall 2020 Description: This course is an introduction to white collar criminal law and practice. It is designed to teach substantive legal issues and real‐world lawyering skills from the perspectives of both the prosecution and the defense. We will explore a range of crimes, including conspiracy, mail and wire fraud, securities fraud, antitrust violations, obstruction of justice, and perjury. Students will reinforce their understanding of the black‐letter law through practical exercises based on realistic fact patterns. The exercises will include lawyering skills such as oral advocacy, presenting to Department of Justice supervisors, creating an investigative plan, and calculating sentences. Amy Craig is a partner at Ramsey & Ehrlich LLP, a small, trial-focused firm founded by two former federal prosecutors in Berkeley, California. Ms. Craig’s practice focuses on defending individuals in enforcement actions brought by the U.S. Department of Justice and the Securities and Exchange Commission. She has also represented special board committees during company internal investigations into potential misconduct or malfeasance by corporate officers, directors, or other employees. She and her colleagues also represent indigent clients as Criminal Justice Act counsel in the Northern District of California. Ismail Ramsey is a veteran trial lawyer specializing in white collar and general criminal defense, as well as commercial litigation. He has more than twenty years of experience litigating and trying highly sensitive, complex criminal and civil cases. He has also represented numerous individuals, as well as boards of directors and special board committees, during company internal investigations into potential misconduct or malfeasance by corporate officers, directors, or other employees. Before co-founding Ramsey & Ehrlich in 2006, he was a federal prosecutor in the United States Attorney’s Office for the Northern District of California, serving as a member of the White Collar Crime Section, as well as a founding member of the Computer Hacking and Intellectual Property Unit. He also volunteers in his community, serving by mayoral appointment as a Commissioner on the City of Berkeley Police Review Commission. Fall 2021 Description: This course is an introduction to white collar criminal law and practice. It is designed to teach substantive legal issues and real‐world lawyering skills from the perspectives of both the prosecution and the defense. We will explore a range of crimes, including conspiracy, mail and wire fraud, securities fraud, antitrust violations, trade secret theft, obstruction of justice, and perjury. Students will reinforce their understanding of the black‐letter law through practical exercises based on realistic fact patterns. The exercises will include lawyering skills such as oral advocacy, presenting to Department of Justice supervisors, creating an investigative plan, and calculating sentences. Amy Craig is a partner at Ramsey & Ehrlich LLP, a small, trial-focused firm founded by two former federal prosecutors in Berkeley, California. Ms. Craig’s practice focuses on defending individuals in enforcement actions brought by the U.S. Department of Justice and the Securities and Exchange Commission. She has also represented special board committees during company internal investigations into potential misconduct or malfeasance by corporate officers, directors, or other employees. She and her colleagues also represent indigent clients as Criminal Justice Act counsel in the Northern District of California. Ismail Ramsey is a veteran trial lawyer specializing in white collar and general criminal defense, as well as commercial litigation. He has more than twenty years of experience litigating and trying highly sensitive, complex criminal and civil cases. He has also represented numerous individuals, as well as boards of directors and special board committees, during company internal investigations into potential misconduct or malfeasance by corporate officers, directors, or other employees. Before co-founding Ramsey & Ehrlich in 2006, he was a federal prosecutor in the United States Attorney’s Office for the Northern District of California, serving as a member of the White Collar Crime Section, as well as a founding member of the Computer Hacking and Intellectual Property Unit. He also volunteers in his community, serving by mayoral appointment as a Commissioner on the City of Berkeley Police Review Commission. Fall 2022 Description: This course is an introduction to white collar criminal law and practice. It is designed to teach substantive legal issues and real‐world lawyering skills from the perspectives of both the prosecution and the defense. We will explore a range of crimes, including conspiracy, mail and wire fraud, securities fraud, antitrust violations, trade secret theft, obstruction of justice, and perjury. Students will reinforce their understanding of the black‐letter law through practical exercises based on realistic fact patterns. The exercises will include lawyering skills such as oral advocacy, presenting to Department of Justice supervisors, creating an investigative plan, and calculating sentences. Amy Craig is a partner at Ramsey & Ehrlich LLP, a small, trial-focused firm founded by two former federal prosecutors in Berkeley, California. Ms. Craig’s practice focuses on defending individuals in enforcement actions brought by the U.S. Department of Justice and the Securities and Exchange Commission. She has also represented special board committees during company internal investigations into potential misconduct or malfeasance by corporate officers, directors, or other employees. She and her colleagues also represent indigent clients as Criminal Justice Act counsel in the Northern District of California. Ismail Ramsey is a veteran trial lawyer specializing in white collar and general criminal defense, as well as commercial litigation. He has more than twenty years of experience litigating and trying highly sensitive, complex criminal and civil cases. He has also represented numerous individuals, as well as boards of directors and special board committees, during company internal investigations into potential misconduct or malfeasance by corporate officers, directors, or other employees. Before co-founding Ramsey & Ehrlich in 2006, he was a federal prosecutor in the United States Attorney’s Office for the Northern District of California, serving as a member of the White Collar Crime Section, as well as a founding member of the Computer Hacking and Intellectual Property Unit. He also volunteers in his community, serving by mayoral appointment as a Commissioner on the City of Berkeley Police Accountability Board. Fall 2023 Description: This course is an introduction to white collar criminal law and practice. It is designed to teach substantive legal issues and real‐world lawyering skills from the perspectives of both the prosecution and the defense. We will explore a range of crimes, including conspiracy, mail and wire fraud, securities fraud, antitrust violations, trade secret theft, obstruction of justice, and perjury. Students will reinforce their understanding of the black‐letter law through practical exercises based on realistic fact patterns. The exercises will include lawyering skills such as oral advocacy, presenting to Department of Justice supervisors, creating an investigative plan, and calculating sentences. Amy Craig is a partner at Ramsey & Ehrlich LLP, a small, trial-focused firm founded by two former federal prosecutors in Berkeley, California. Ms. Craig’s practice focuses on defending individuals in enforcement actions brought by the U.S. Department of Justice and the Securities and Exchange Commission. She has also represented special board committees during company internal investigations into potential misconduct or malfeasance by corporate officers, directors, or other employees. She and her colleagues also represent indigent clients as Criminal Justice Act counsel in the Northern District of California. Hanni M. Fakhoury is a partner at Moeel Lah Fakhoury LLP, a boutique litigation firm based in Oakland, California. Mr. Fakhoury represents individuals and companies in criminal prosecutions and other government investigations, and has handled every facet of high stakes, complex federal criminal matters, including pre-charge investigation, jury trial and appeal in a wide range of cases including tax, wire, bank and securities fraud, money laundering, export control violations and computer crimes. Before forming Moeel Lah Fakhoury LLP, Hanni worked as an Assistant Federal Public Defender for close to a decade in San Francisco, Oakland and San Diego, and continues to represent indigent defendants as a member of the Northern District of California’s Criminal Justice Act panel. Fall 2024 Description: This course is an introduction to white collar criminal law and practice. It is designed to teach substantive legal issues and real‐world lawyering skills from the perspectives of both the prosecution and the defense. We will explore a range of crimes, including conspiracy, mail and wire fraud, securities fraud, antitrust violations, trade secret theft, obstruction of justice, and perjury. Students will reinforce their understanding of the black‐letter law through practical exercises based on realistic fact patterns. The exercises will include lawyering skills such as oral advocacy, presenting to Department of Justice supervisors, creating an investigative plan, and calculating sentences. Amy Craig is a partner at Ehrlich & Craig LLP. Ms. Craig’s practice focuses on defending individuals in enforcement actions brought by the U.S. Department of Justice and the Securities and Exchange Commission. She has also represented special board committees during company internal investigations into potential misconduct or malfeasance by corporate officers, directors, or other employees. She and her colleagues also represent indigent clients as Criminal Justice Act counsel in the Northern District of California. Hanni M. Fakhoury is a partner at Moeel Lah Fakhoury LLP, a boutique litigation firm based in Oakland, California. Mr. Fakhoury represents individuals and companies in criminal prosecutions and other government investigations, and has handled every facet of high stakes, complex federal criminal matters, including pre-charge investigation, jury trial and appeal in a wide range of cases including tax, wire, bank and securities fraud, money laundering, export control violations and computer crimes. Before forming Moeel Lah Fakhoury LLP, Hanni worked as an Assistant Federal Public Defender for close to a decade in San Francisco, Oakland and San Diego, and continues to represent indigent defendants as a member of the Northern District of California’s Criminal Justice Act panel. |
| Law 233.1 Role of the Lawyer in Corporate Criminal Investigations 2 Units |
| Spring 2024: In-Person Spring 2025: In-Person |
| Description: Spring 2024 Description: The practice of investigations is a growth area in the law. Investigations are the primary way government agencies and corporations establish whether wrongdoing has occurred, and whether policy changes are needed. While these investigations often occur outside the public domain, they are increasingly the subject of news coverage and public scrutiny. This course will explore how government agencies investigate corporations, and how those corporations respond -- including by investigating themselves. This course is structured to simulate an actual investigation, in which students practice the key components of an internal corporate investigation: presenting to a board of directors; planning a search for documents; interviewing witnesses; and convincing a government agency not to take action, despite the misdeeds their clients may have committed. Through this course, students will hone practical skills relevant to a range of practice areas. Students interested in criminal defense will learn the fundamentals of client-sensitive fact-finding. Students who wish to become prosecutors will better learn the tools of the prosecutorial and regulatory enforcement trades. Students interested in public policy will explore how government agencies, such as the Department of Justice, State Attorneys General, or Congress, can use investigations to bring about wider social change. Students who seek a career in transactional work will better understand the sometimes fraught dynamics between a corporate board, its committees, executive officers, and shareholders when prosecutors and regulators start asking the hard questions. Spring 2025 Description: The practice of investigations is a growth area in the law. Investigations are the primary way government agencies and corporations establish whether wrongdoing has occurred, and whether policy changes are needed. While these investigations often take place outside the public domain, they are increasingly the subject of news coverage and public scrutiny. This course will explore how government agencies investigate corporations, and how those corporations respond -- including by investigating themselves. This course is structured to simulate an actual investigation, in which students practice the key components of an internal corporate investigation: presenting to a board of directors; planning a search for documents; interviewing witnesses; and convincing a government agency not to take action, despite the misdeeds their client may have committed. Through this course, students will hone practical skills relevant to a range of practice areas. Students interested in criminal defense will learn the fundamentals of client-sensitive fact-finding. Students who wish to become prosecutors will better learn the tools of the prosecutorial and regulatory enforcement trades. Students interested in public policy will explore how government agencies, such as the Department of Justice, State Attorneys General, or Congress, can use investigations to bring about wider social change. Students who seek a career in transactional work will better understand the sometimes fraught dynamics between a corporate board, its committees, executive officers, and shareholders when prosecutors and regulators start asking the hard questions. |
| Law 234.1 The School-to-Prison Pipeline 1 Units |
| Spring 2020: Remote due to COVID Spring 2021: Remote due to COVID Spring 2023: In-Person |
| Description: Spring 2020 Description: This seminar will provide a broad survey of the origins, history, and disparate impact of the school-to-prison pipeline. Students will also have the opportunity to develop, debate, and practice advocacy skills to combat the pipeline. Students will be expected to think critically about the intersection of school discipline; racial, gender, and disability justice; juvenile justice; and policing through the lens of current events at schools in Alameda County, particularly in Oakland and Berkeley. Course materials will include documentaries, podcasts, policy reports, book chapters, government and non-profit websites, the California Education Code, and news articles about efforts to end the school-to-prison pipeline by removing police from schools, increasing the use of restorative justice, reframing "safety," and transforming the very structure of public schools, among other efforts. Students will have the opportunity to apply their knowledge through small group projects by drafting legislation and participating in mock expulsion and IEP hearings. Students will also hear from guest speakers, potentially including community organizers and restorative justice facilitators. This course is taught by Oscar Lopez, Staff Attorney and Clinical Instructor with the Education Advocacy Clinic at EBCLC. Professor Lopez represents young people caught at the intersection of the juvenile justice and school discipline systems in Alameda County. Professor Lopez also partners with local, state, and national organizers as part of larger systemic advocacy efforts. In lieu of a final assignment, students will be expected to submit brief weekly reflections on the week's course materials. Spring 2021 Description: This seminar will provide a broad survey of the origins, history, and disparate impact of the school-to-prison pipeline. Students will also have the opportunity to develop, debate, and practice advocacy skills to combat the pipeline. Students will be expected to think critically about the intersection of school discipline; racial, gender, and disability justice; juvenile justice; and policing through the lens of current events at schools in Alameda County, particularly in Oakland and Berkeley. Course materials will include documentaries, podcasts, policy reports, book chapters, government and non-profit websites, the California Education Code, caselaw, and news articles. Topics include general efforts to end the school-to-prison pipeline, the removal of police from schools, increasing the use of restorative justice, reimagining "safety," and transforming the very structure of public schools. Students will have the opportunity to apply their knowledge through small group projects and mock expulsion and IEP hearings. Students will also hear from guest speakers, potentially including community organizers and restorative justice facilitators. This course is taught by Oscar Lopez, Interim Director and Clinical Supervisor with the Education Advocacy Clinic at EBCLC. Professor Lopez represents young people caught at the intersection of the juvenile justice and school discipline systems in Alameda County. Professor Lopez also partners with local, state, and national organizers as part of larger systemic advocacy efforts. Students will be expected to submit a 3-page mid-semester reflection paper and an 8-page final paper. Spring 2023 Description: Students in this seminar will learn about multiple pathways in the “school to prison pipeline,” the significant impact on young people and young adults who identify as Black, Indigenous, or a Person of Color, and opportunities for community advocacy and systemic reform in California’s public schools. Racial discrimination has permeated California’s public education system since its inception. However, in the last 50 years alone, students of color have faced new, insidious forms of discrimination at school, particularly in the form of outright exclusion from class and campus. But families and communities have continually pushed back, identifying critical areas for reform and demanding change. Students will discuss and dissect various forms of school exclusion currently happening in California schools - suspension and expulsion, segregation of students with disabilities, threat assessments, transfer to alternative schools, school-based ticketing and arrests - and also learn from organizers and legal advocates about challenges and successes in transforming school funding, accountability, curriculum and culture to help young people who are BIPOC learn and thrive. The goal of this seminar is for students to gain a deeper understanding of the complex school to prison pipeline and to understand how legal advocates can support the movement for racial justice in public education. Assignments will include readings and a final reflection or policy paper. This course is taught by Atasi Uppal, Director and Clinical Supervisor with the Education Justice Clinic at EBCLC. Atasi represents young people impacted by the juvenile justice and school discipline systems in Alameda County. She has partnered for many years with state and national advocates and organizers to disrupt injustices in the public education and juvenile justice systems. |
| Law 234.2 Criminal Justice Reform 2 Units |
| Spring 2021: Remote due to COVID Fall 2022: In-Person Fall 2023: In-Person Fall 2024: In-Person |
| Description: Spring 2021 Description: “In thinking specifically about the abolition of prisons, ...using the approach of abolition democracy, we would propose the creation of an array of social institutions that would begin to solve the problems that set people on the track to prison, thereby helping to render the prison obsolete.” -Angela Davis, Are Prisons Obsolete? (2003) This class investigates how criminal justice reform is changing as a result of the unprecedented Black Lives Matter movement. Just since June, some of the largest demonstrations in American history have issued calls for “defunding,” “shrinking” or even “abolishing” police and other institutions of criminal justice have joined the usual fray incremental policy improvements. This seminar aims to explore the shifting terrain of technocratic reform and abolition democracy across the various institutions that make up the criminal justice system. Some of the questions we will take up include: What makes some institutions reform worthy, and other one’s candidates for abolition? Given that the criminal justice system cannot change all at once, or disappear in an instant, when do reforms approach abolition? And when should reforms be resisted? Is it possible to be an abolitionist Public Defender? Prosecutor? Warden? Police Chief? Judge? To facilitate collaboration and discussion in the challenging terrain of Zoom, the instructor will make frequent use of short pre-recorded videos offering an overview of the weekly topic that will be available well before the class so that we can devote our time together to discussion. Watching these videos will be part of your assigned preparation and readings will be shortened accordingly. A short final paper (12-15 pages) that meets the Option 1 Writing Requirement will be due at the end of the final exam period. Fall 2022 Description: Today it is common to describe the form of legal punishment in the United States since the late 20th century as “mass incarceration”; but how did we get there and are the very visible social harms of that regime exceptions or expressions of fundamental flaws in the role punishment plays in modern society? This course provides tools to answer those questions by exploring the relationship between punishment, law and society, as well as efforts to abolish punishment, over the long arc of western legal history. The course will cover the major transformations of punishment and abolition since the birth of the prison at the end of the 18th century, right up to the birth of mass incarceration. It will also introduce students to theoretical work that can help untangle the historically and geographically diverse interrelationship between social change, legal reform, and penal practices including: the sociology of law, critical race theory, gender and sexuality theory, and political economy. The course is also designed to help students complete a major piece of research and writing (30 plus pages) for academic (journal article) or professional (strategic memo) purposes. Participants will choose a topic in discussion with Professor Simon related to change in penal laws, practices or abolitions thereof, going on today (or an historical example with contemporary resonance) and explain its significance (and policy implications) drawing on the histories or theories covered in the course or related materials. All students will receive comments on a graded rough draft (date and portion of grade to be determined) and be expected to participate in leading the discussion of specific assigned materials. Fall 2023 Description: Today it is common to describe the form of legal punishment in the United States since the late 20th century as “mass incarceration”; but how did we get there and are the very visible social harms of that regime exceptions to a history of progressive reform or evidence of fundamental flaws in the role punishment plays in modern society? While mass incarceration involved an unprecedented application of punitive power to society, and extraordinary concentration of that power on Black and Brown communities, it brought to bare a thousand years of punitive state building. This course explores the relationship between punishment, law and society, as well as efforts to abolish punishment, over the long arc of western legal history and the major technologies of power that have shaped it including sovereignty, discipline, eugenics, and racial profiling. The course will introduce students to theoretical work that can help untangle the historically and geographically diverse interrelationship between social change, legal reform, and penal practices including: the sociology of law, critical race theory, gender and sexuality theory, and political economy. The course is also designed to help students complete a major piece of research and writing (30 plus pages) for academic (journal article) or professional (strategic memo) purposes. Participants will choose a topic in discussion with Professor Simon related to change in penal laws, practices or abolitions thereof, going on today (or an historical example with contemporary resonance) and explain its significance (and policy implications) drawing on the histories or theories covered in the course or related materials. All students will receive comments on a graded rough draft (date and portion of grade to be determined) and be expected to participate in weekly discussions and present a preliminary report on their research during the semester. Fall 2024 Description: Today it is common to describe the form of legal punishment in the United States since the late 20th century as “mass incarceration”; but how did we get there and are the very visible social harms of that regime exceptions to a history of progressive reform or evidence of fundamental flaws in the role punishment plays in modern society? While mass incarceration involved an unprecedented application of punitive power to society, and extraordinary concentration of that power on Black and Brown communities, it brought to bear a thousand years of punitive state building. This course explores the relationship between punishment, law and society, as well as efforts to abolish punishment, over the long arc of Western legal history and the major technologies of power that have shaped it including sovereignty, discipline, eugenics, and racial profiling. The course will introduce students to theoretical work that can help untangle the historically and geographically diverse interrelationship between social change, legal reform, and penal practices including: the sociology of law, critical race theory, gender and sexuality theory, and political economy. The course is also designed to help students complete a major piece of research and writing (30 plus pages) for academic (journal article) or professional (strategic memo) purposes. Participants will choose a topic in discussion with Professor Simon related to change in penal laws, practices or abolitions thereof, going on today (or an historical example with contemporary resonance) and explain its significance (and policy implications) drawing on the histories or theories covered in the course or related materials. All students will receive comments on a graded rough draft (date and portion of grade to be determined) and be expected to participate in weekly discussions and present a preliminary report on their research during the semester. |
| Law 234.21 Dismantling Mass Incarceration 1 Units |
| Spring 2020: Remote due to COVID Spring 2021: Remote due to COVID Spring 2022: In-Person Spring 2023: In-Person |
| Description: Spring 2020 Description: This one-unit seminar provides students with both a broad survey of both the underlying causes and invidious effects of the exploding prison and jail population in the United States, as well as the potential costs and benefits of reforms targeted at this crisis. Students will study how generally well-intentioned but ultimately misguided efforts undertaken in the name of public safety have resulted in a 500% increase in the number of people incarcerated in the United States over the last forty years, as well as the creation of a growing, pervasive and racially disparate underclass ensnared by the direct and collateral consequences of these policies. Assigned reading materials will prepare students to analyze and discuss the myriad factors that contribute to the racial disparities in policing, charging and sentencing inherent in the criminal justice system. Students will think critically about the confluence of societal, economic and political trends underlying recent efforts at reform, as well as the viability of other potential strategies, especially vis-à-vis today’s polarized political climate. In addition, students will question and debate the role that advocates can play in increasing public awareness of, and working towards solutions to, the dire social, economic and political consequences of mass incarceration. ------------------------ Tony Cheng is the Director of the Youth Defender Clinic (YDC) at the East Bay Community Law Center (EBCLC), a community-based legal services clinic affiliated with Berkeley Law. Clinical law students in the YDC represent system-involved and at-risk youth in Alameda County in both juvenile delinquency proceedings and school discipline matters. Prior to joining EBCLC in 2018, Tony practiced as a public defender for twenty years, litigating cases in the Ninth Circuit US Court of Appeals, the federal district court for the Southern District of California, San Diego County Superior Court and, most recently, Alameda County Superior Court. In addition to trying nearly forty criminal jury trials to verdict during his public defender career, Tony is also certified by the National Juvenile Defender Center to train juvenile defenders and has contributed to training and educational materials published by the Pacific Juvenile Defense Center. Spring 2021 Description: This seminar provides students with a broad survey of both the underlying causes and invidious effects of the exploding prison and jail population in the United States, as well as the potential costs and benefits of reforms targeted specifically at this crisis. Students will study how generally well-intentioned but ultimately misguided efforts undertaken in the name of public safety have resulted in a 500% increase in the number of people incarcerated in the United States over the last forty years, as well as the creation of a growing, pervasive and racially segregated underclass ensnared by the direct and collateral consequences of these policies. Assigned reading materials will prepare students to analyze and discuss the myriad factors that contribute to the racial disparities in policing, charging and sentencing that result in the structural racism endemic in our criminal justice system. Students will think critically about the confluence of societal, economic and political trends underlying recent efforts at reform, and debate the viability of other potential strategies, especially vis-à-vis today’s polarized political climate. In addition, students will examine and question the role that advocates can play in increasing public awareness of, and working towards solutions to, the dire social, economic and political consequences of mass incarceration. ------------------------ Tony Cheng is the Director of the Youth Defender Clinic (YDC) at the East Bay Community Law Center (EBCLC), the community-based legal services clinic affiliated with Berkeley Law. Clinical law students in YDC represent system-involved and system-adjacent youth in Alameda County in both juvenile delinquency proceedings and school discipline matters. Prior to joining EBCLC in 2018, Tony practiced as a public defender for twenty years, litigating cases in the Ninth Circuit US Court of Appeals, the federal district court for the Southern District of California, San Diego County Superior Court and, most recently, Alameda County Superior Court. In addition to trying nearly forty criminal jury trials to verdict during his public defender career, Tony is also certified by the National Juvenile Defender Center (NJDC) to train juvenile defenders and serves as CFO on the board of directors for the Pacific Juvenile Defense Center (PJDC). Spring 2022 Description: This seminar provides students with a broad survey of both the underlying causes and invidious effects of the exploding prison and jail population in the United States, as well as the potential costs and benefits of reforms targeted specifically at this crisis. Students will study how sometimes well-intentioned, but ultimately misguided, efforts undertaken in the name of public safety have resulted in a 500% increase in the number of people incarcerated in the United States over the last forty years, as well as the creation of a growing, pervasive and racially segregated underclass ensnared by the direct and collateral consequences of these policies. Assigned reading materials will prepare students to analyze and discuss the myriad factors that contribute to racial disparities in policing, charging and sentencing that result in the structural racism endemic in our criminal justice system. Students will think critically about the confluence of societal, economic and political trends underlying recent efforts at reform, and debate the viability of other potential strategies, especially vis-à-vis today’s polarized political climate. In addition, students will examine and question the role that advocates can play in increasing public awareness of, and working towards solutions to, the dire social, economic and political consequences of mass incarceration. ------------------------ Tony Cheng is the former Director of the Youth Defender Clinic (YDC) at the East Bay Community Law Center (EBCLC), a community-based legal services clinic affiliated with Berkeley Law. Prior to joining EBCLC in 2018, Tony practiced as a public defender for twenty years, in both federal and state trial and appellate courts in San Diego and in the Bay Area. In addition to having tried nearly forty criminal jury trials to verdict as a public defender, Tony is also certified as a trainer for juvenile defenders by the National Juvenile Defender Center (NJDC) and serves as CFO on the board of directors for the Pacific Juvenile Defender Center (PJDC). Spring 2023 Description: Despite substantial empirical evidence that large-scale incarceration is an ineffective means of protecting public safety, widespread changes in criminal law and policy over the past several decades have been largely responsible for a 500% increase in the number of people incarcerated in the United States over the last forty years. As a result of these trends, the United States now incarcerates a larger share of its population than any other country in the world. Further, at 2.3 million people, the United States also houses the world’s largest overall incarcerated population, despite only having just over 4% of the world’s total population. This one-unit seminar will provide students a broad survey of both the underlying causes and invidious effects of the exploding prison and jail population in the United States, as well as the opportunity to study and debate potential reforms targeted at this crisis. From the war on drugs to the Balkanization of criminal justice reform, students will study how misguided efforts undertaken in the name of public safety have instead resulted in widespread unintended social consequences, as well as the creation of a growing and pervasive underclass, disproportionately comprised of people of color, ensnared by the direct and collateral consequences of the criminal justice system. Tony Cheng is the Associate Director for Global Programs at the UC Hastings College of Law and the former Director of the Youth Defender Clinic (YDC) at the East Bay Community Law Center (EBCLC). Prior to joining EBCLC, Tony practiced as a public defender for twenty years, litigating cases in the Ninth Circuit U.S. Court of Appeals, the federal district court for the Southern District of California, the California Court of Appeal, the San Diego County Superior Court and the Alameda County Superior Court. In addition to nearly a decade of experience as a juvenile defender, Tony has also tried almost forty criminal jury trials to verdict during his career. Tony serves on the board of directors of the Pacific Juvenile Defender Center (PJDC) and is certified by the National Juvenile Defender Center (NJDC) as a juvenile defense trainer. Tony has authored training and educational materials published by PJDC and has presented at the NJDC Leadership Summit and the Practising Law Institute. Tony is a graduate of the UC Davis School of Law (King Hall), where he served as chair of the Moot Court Board and graduated from the school’s Public Interest Law Program. |
| Law 234.22 Dismantling the Carceral State 1 Units |
| Fall 2020: Remote due to COVID |
| Description: Fall 2020 Description: This seminar will explore the role of law in constructing and maintaining the carceral state, and the transformative potential and inherent limits of law as a means of abolishing the prison industrial complex. We will analyze these issues using an abolitionist framework, and though there are a number of movements that refer to themselves as abolitionist and that are working to dismantle a wide range of interrelated oppressive systems (including, but not limited to, sexual violence, patriarchy, capitalism, heteronormativity, ableism, imperialism, and militarism), this course will focus specifically on the movement to abolish the prison industrial complex. While abolitionists often resist closed definitions, we will ground our examination in three core tenets that are common to formulations of abolitionist philosophy: 1) The modern prison industrial complex can be traced back to chattel slavery and the racist regimes it relied on and sustained, 2) the criminal punishment system functions to oppress Black people and other politically marginalized groups in order to maintain racial hierarchy, and 3) we can imagine and build a more humane and just society that no longer defaults to violence and cages to solve social problems. Specific questions we will consider include: How does the law enable the anti-Black violence that is central to racial hierarchy? What is the role of economic exploitation in maintaining the carceral state? What might community safety look like in a world without police, prosecutors, and prisons? Finally, we will explore how law students and lawyers might operationalize abolitionist principles in their education and practice. This class is among the special Fall 2020 1L elective seminars designed to give entering 1Ls an extra opportunity to form connections despite our remote form of interaction. In light of that goal, these classes will expect real-time attendance and may not be recorded. These classes will all be graded on a Credit/No Credit basis and total written work requirement will be no more than 8 double-spaced pages. |
| Law 234.9 Election Law Practicum Seminar 2 Units |
| Spring 2020: Remote due to COVID |
| Description: Spring 2020 Description: In the Election Law seminar and practicum, students will be working on cutting-edge voting rights projects in California through a collaboration with the ACLU of Northern California voting rights attorneys. In the seminar component, students will learn about election law and policy, with an emphasis on 1) California state and local elections and 2) how voting laws affect power and representation of historically marginalized communities. The seminar will expand upon topics covered in Election Law, Legislation and Statutory Interpretation, and Administrative Law. These classes are not prerequisites for the seminar. In the practicum, students will have the opportunity to put theory into practice by advocating for election law reform in the state legislature, evaluating recent voting rights reforms, developing toolkits for better implementation, monitoring elections, or engaging in litigation to enforce voting rights. Students will join working groups focused on specific topics. Each working group will have 2-3 students and 1-2 supervising attorneys that will include staff from the ACLU and the co-seminar instructor, Bertrall Ross. Working groups will meet in person or by phone every other week. Students should e-mail assignment updates or written work product to supervising attorneys at least 24 hours in advance of each meeting. During working group meetings, students will present their work and supervising attorneys will give feedback, project updates, and new assignments. Potential topics for working group assignments will include districting and redistricting, voter registration, and election monitoring The seminar will be 2 units and will meet one day a week for 110 minutes. The practicum will 2 experiential units and will require 8 hours of work per week that will be scheduled and arranged with the student's working group. Students must enroll in both. This class will be enrollment by application. Please send to Bertrall Ross (bertrallr@berkeley.edu) your resume and a 1-2 paragraph explanation of the reason why you would like to take the course that can include your interest in election law, any future career plans in the area broadly defined, desire for public interest litigation and advocacy experience, or interest in working with public interest lawyers. Applications are due on November 1, 2019. |
| Law 234.9A Election Law Practicum 2 Units |
| Spring 2020: Remote due to COVID |
| Description: Spring 2020 Description: In the Election Law seminar and practicum, students will be working on cutting-edge voting rights projects in California through a collaboration with the ACLU of Northern California voting rights attorneys. In the seminar component, students will learn about election law and policy, with an emphasis on 1) California state and local elections and 2) how voting laws affect power and representation of historically marginalized communities. The seminar will expand upon topics covered in Election Law, Legislation and Statutory Interpretation, and Administrative Law. These classes are not prerequisites for the seminar. In the practicum, students will have the opportunity to put theory into practice by advocating for election law reform in the state legislature, evaluating recent voting rights reforms, developing toolkits for better implementation, monitoring elections, or engaging in litigation to enforce voting rights. Students will join working groups focused on specific topics. Each working group will have 2-3 students and 1-2 supervising attorneys that will include staff from the ACLU and the co-seminar instructor, Bertrall Ross. Working groups will meet in person or by phone every other week. Students should e-mail assignment updates or written work product to supervising attorneys at least 24 hours in advance of each meeting. During working group meetings, students will present their work and supervising attorneys will give feedback, project updates, and new assignments. Potential topics for working group assignments will include districting and redistricting, voter registration, and election monitoring The seminar will be 2 units and will meet one day a week for 110 minutes. The practicum will 2 experiential units and will require 8 hours of work per week that will be scheduled and arranged with the student's working group. Students must enroll in both. This class will be enrollment by application. Please send to Bertrall Ross (bertrallr@berkeley.edu) your resume and a 1-2 paragraph explanation of the reason why you would like to take the course that can include your interest in election law, any future career plans in the area broadly defined, desire for public interest litigation and advocacy experience, or interest in working with public interest lawyers. Applications are due on November 1, 2019. |
| Law 235.32 Youth Justice Law, Practice and Policy 2 Units |
| Fall 2022: In-Person Fall 2023: In-Person Fall 2024: In-Person |
| Description: Fall 2022 Description: This course will provide an overview of the philosophy, objectives and evolution of the youth justice system, with an emphasis on examining current issues from a practice and policy perspective. These issues will include the integration of adolescent development principles into youth justice policy, the goals and best practices in juvenile “disposition” (sentencing), the presence of pervasive racial and ethnic disparities, the school to prison pipeline, whether to “raise the age” of juvenile court jurisdiction, and the transfer of youth to the adult criminal system. While the course will examine national trends, there will be focused examination of reform policies California has adopted and rejected in recent years, as well as reforms the State is considering adopting in the near future. Both doctrinal study and practice exercises will be employed to allow students to gain an understanding of the system as it exists today as well as how to work toward system reform as a defense attorney, prosecutor, policy advocate, or as a pro bono practitioner. Jonathan Laba, a 1996 graduate of Berkeley Law, currently supervises the juvenile unit in the Contra Costa County Public Defender’s Office. For most of his career, Jonathan has augmented his “day job” as an adult public defense trial and managing attorney with extensive youth justice policy advocacy efforts, including legislative and amicus work, training of juvenile defenders across the state, and engagement with community-based youth justice organizations. Having taught the Criminal Law Ethics Seminar for the past decade at Berkeley Law, Jonathan is excited to develop and teach this course geared to introducing students to both the theoretical underpinnings of the juvenile legal system as well as how to engage with, and improve, the system as a lawyer and advocate. Fall 2023 Description: This course will provide an overview of the philosophy, objectives and evolution of the youth justice system, with an emphasis on examining current issues from a practice and policy perspective. These issues will include the integration of adolescent development principles into youth justice policy, the goals and best practices in juvenile “disposition” (sentencing), the presence of pervasive racial and ethnic disparities, the school to prison pipeline, whether to “raise the age” of juvenile court jurisdiction, and the transfer of youth to the adult criminal system. While the course will examine national trends, there will be focused examination of reform policies California has adopted and rejected in recent years, as well as reforms the State is considering adopting in the near future. Both doctrinal study and practice exercises will be employed to allow students to gain an understanding of the system as it exists today as well as how to work toward system reform as a defense attorney, prosecutor, policy advocate, or as a pro bono practitioner. Jonathan Laba, a 1996 graduate of Berkeley Law, currently supervises the juvenile unit in the Contra Costa County Public Defender’s Office. For most of his career, Jonathan has augmented his “day job” as an adult public defense trial and managing attorney with extensive youth justice policy advocacy efforts, including legislative and amicus work, training of juvenile defenders across the state, and engagement with community-based youth justice organizations. After teaching the Criminal Law Ethics Seminar for a decade at Berkeley Law, Jonathan was excited to co-develop and co-teach this course with Laura Ridolfi for the first time in fall 2022, aiming to introduce students to both the theoretical underpinnings of the juvenile legal system as well as how to engage with, and improve, the system as a lawyer and advocate. Laura Ridolfi, a 2005 graduate of Berkeley Law, is a Racial Justice and Well-Being Strategist with the W. Haywood Burns Institute (BI). Laura has over fifteen years of experience at BI challenging racial hierarchies in the administration of justice. Laura works at the local, state and national level changing policy and practice to promote equity and eliminate racial and ethnic disparities. Laura partners with community-rooted organizations and advocacy groups on policy change in California that invest resources into community alternatives to the legal system and reduce the harms of system involvement on the lives of people of color. The direction of Laura’s policy work is guided by those closest to the harms of the legal system and centers the voice and experience of directly impacted youth and families. The policy advocacy has resulted in numerous changes in California law. Laura advocates for democratizing youth justice data and promoting data transparency in service of system change and promoting equity. She is the author of numerous BI reports that highlight inequities in the criminal legal system and advocate for change. Prior to joining Burns Institute, Laura worked for several youth and criminal justice organizations and was a Fulbright Fellow in Kenya, where she studied the youth justice system. Fall 2024 Description: This course will provide an overview of the philosophy, objectives and evolution of the youth justice system, with an emphasis on examining current issues from a practice and policy perspective. These issues will include the integration of adolescent development principles into youth justice policy, the goals and best practices in juvenile “disposition” (sentencing), the presence of pervasive racial and ethnic disparities, the school-to-prison pipeline, whether to “raise the age” of juvenile court jurisdiction, and the transfer of youth to the adult criminal system. The course will examine the role and impact of racism, bias, discrimination, power and privilege in youth justice and reflect on strategies used by lawyers and advocates to challenge structural inequity. While the course will examine national trends, there will be focused examination of reform policies California has adopted and rejected in recent years, as well as reforms the State is considering adopting in the near future. Both doctrinal study and practice exercises will be employed to allow students to gain an understanding of the system as it exists today as well as how to work toward system reform as a defense attorney, prosecutor, policy advocate, or a pro bono practitioner. Jonathan Laba, a 1996 graduate of Berkeley Law, currently supervises the juvenile unit in the Contra Costa County Public Defender’s Office. For most of his career, Jonathan has augmented his “day job” as an adult public defense trial and managing attorney with extensive youth justice policy advocacy efforts, including legislative and amicus work, training of juvenile defenders across the state, and engagement with community-based youth justice organizations. After teaching the Criminal Law Ethics Seminar for a decade at Berkeley Law, Jonathan was excited to co-develop and co-teach this course with Laura Ridolfi for the first time in fall 2022, aiming to introduce students to both the theoretical underpinnings of the juvenile legal system as well as how to engage with, and improve, the system as a lawyer and advocate. Laura Ridolfi, a 2005 graduate of Berkeley Law, is a Racial Justice and Well-Being Strategist with the W. Haywood Burns Institute (BI). Laura has over fifteen years of experience at BI challenging racial hierarchies in the administration of justice. Laura works at the local, state and national level changing policy and practice to promote equity and eliminate racial and ethnic disparities. Laura partners with community-rooted organizations and advocacy groups on policy change in California that invest resources into community alternatives to the legal system and reduce the harms of system involvement on the lives of people of color. Laura advocates for democratizing youth justice data and promoting data transparency in service of system change and promoting equity. She is the author of numerous BI reports that highlight inequities in the criminal legal system and advocate for change. |
| Law 236 Capital Punishment and the Constitution Seminar 3 Units |
| Spring 2020: Remote due to COVID Spring 2022: In-Person Spring 2023: In-Person Fall 2024: In-Person |
| Description: Spring 2020 Description: The course offers an overview of federal constitutional law governing the death penalty, focusing primarily on the jurisprudence of the United States Supreme Court and the interpretation of the Eighth Amendment. Throughout the course we will identify the rules that govern how the death penalty is imposed, and examine how those rules developed in relation to larger societal and jurisprudential changes. We will ask how and if these rules promote a fair, rational, equitable and just use of the death penalty, and what changes, if any, should be made. We will consider the following topics: historical development of death penalty jurisprudence and the challenges of arbitrariness; different statutory attempts to enact constitutional death penalty schemes; execution of those who commit non-homicide crimes, juveniles, the mentally retarded, and the insane; the effect of race on the administration of capital punishment; jury selection in capital cases; methods of execution; and clemency proceedings. There will be an emphasis on class discussion. Attendance is mandatory. Students are expected to be prepared for class and participate in a critical discussion of the assigned readings and judicial opinions. The course is designed for students, regardless of their views about the death penalty, who generally wish to learn more about the application of capital punishment in the United States, and methods of constitutional interpretation. The course will be particularly useful for students who are interested in a career in criminal law. The casebook is Rivkind & Shatz, Cases and Materials on the Death Penalty, Fourth Edition (Thomson/Reuters 2016). Spring 2022 Description: This course examines the death penalty as imposed and regulated in the United States, primarily through a close reading of opinions from the United States Supreme Court. Following a brief historical overview, the course focuses on Eighth Amendment jurisprudence in the "modern era," and other legal doctrines, pertaining to aggravating and mitigating circumstances, victim impact evidence, proportionality principles, jury selection in capital cases, and other relevant topics. The course will also touch on the post-conviction process in capital cases, including the United States Supreme Court's interpretation of the Anti-Terrorism and Effective Death Penalty Act of 1996. There will be an emphasis on class discussion. Attendance is mandatory. Students are expected to complete the reading, come prepared for class, and contribute their own thoughts in a seminar environment. The course is designed for students who, regardless of their views about the death penalty, want to learn more about the application of capital punishment in the United States and relevant legal principles. The course will be particularly useful for students who are interested in a career in criminal law, including in a post-conviction context. The casebook is Rivkind & Shatz, Cases and Materials on the Death Penalty, Fourth Edition (Thomson/Reuters 2016). Spring 2023 Description: In this course, we will examine the death penalty as imposed and regulated in the United States, primarily through a close reading of opinions from the United States Supreme Court, with a focus on Eighth Amendment jurisprudence and other legal doctrines pertaining to aggravating and mitigating circumstances, proportionality principles, penalty-phase procedures, and other relevant topics. We will also touch on the post-conviction process, including federal habeas corpus and the United States Supreme Court's interpretation of the Anti-Terrorism and Effective Death Penalty Act of 1996. The course is designed for students who, regardless of their views about the death penalty, want to learn more about the application of capital punishment in the United States and relevant legal principles. Fall 2024 Description: In this course, we will examine the death penalty as imposed and regulated in the United States, primarily through a close reading of opinions from the United States Supreme Court, with a focus on Eighth Amendment jurisprudence and other legal doctrines pertaining to aggravating and mitigating circumstances, proportionality principles, penalty-phase procedures, and other relevant topics. We will also touch on the post-conviction process, including federal habeas corpus and the United States Supreme Court's interpretation of the Anti-Terrorism and Effective Death Penalty Act of 1996. The course is designed for students who, regardless of their views about the death penalty, want to learn more about the application of capital punishment in the United States and relevant legal principles. |
| Law 236.11 The Case of Curtis Flowers: Another Indictment of American Criminal Justice? 1 Units |
| Fall 2020: Remote due to COVID |
| Description: Fall 2020 Description: Curtis Flowers faced six capital murder trials for the same crime: a 1996 quadruple murder at a furniture store in a small town in Mississippi. He spent over 20 years on death row for the crimes. The Supreme Court reversed his most recent conviction and death sentence based on discriminatory jury selection, and Mr. Flowers is currently out on bail while awaiting a potential seventh trial. Recently, journalists investigated Mr. Flowers’s case, reporting on the flimsy evidence upon which he was convicted, the prosecutor's pattern of race-based jury selection, other prosecutorial misconduct, and the case’s journey across state and federal courts. Join us as we listen to the podcast produced by the journalists about the investigation, “In the Dark Season 2,” and explore issues-racism, police and prosecutorial misconduct, prosecutorial discretion in charging crimes, inadequate defense lawyering, and more-that infect our system of capital punishment and our criminal legal system more broadly. This course meets every other Tuesday for 7 sessions beginning August 18th. This class is among the special Fall 2020 1L elective seminars designed to give entering 1Ls an extra opportunity to form connections despite our remote form of interaction. In light of that goal, these classes will expect real-time attendance and may not be recorded. These classes will all be graded on a Credit/No Credit basis and total written work requirement will be no more than 8 double-spaced pages. |
| Law 240.3 Freedom of Information: Comparative & International Perspectives 1 Units |
| Spring 2024: In-Person Spring 2025: In-Person |
| Description: Spring 2024 Description: Law graduates working in the defense of human rights or the environment, in the corporate sphere, or in government will require an understanding of when a governmental or private actor has a duty to disclose information, the source(s) of that obligation, and how courts balance competing interests such as individual privacy or national security. More than 120 countries have adopted freedom of information (FOI) laws recognizing a right to access documents and other data of public interest. International treaties also enshrine this right, including in the areas of human rights and environmental protection, and it has arguably reached the status of a customary norm. But, these standards are not uniform and each contains important limitations, exceptions, and procedural requirements. Additionally, a growing body of law and litigation seeks to criminalize or otherwise prevent disclosure of certain information, such as through strategic lawsuits against public participation (SLAPPs). This course provides an introduction to the rights and duties connected to freedom of information, through an examination of the variations in FOI norms at the national, regional, and international levels. Students will gain an understanding of how FOI obligations apply to governmental and corporate actors, including with regard to their internal workings and the information they generate. We will also discuss important areas of contention, such as whistleblower protection, discovery of social media content, disinformation, and individual access to information on abortion. The course instructor, Lisa Reinsberg, is a practicing international human rights lawyer and graduate of Georgetown Law (J.D.) and Berkeley Law (LL.M.). She founded and directs the International Justice Resource Center, which has provided guidance on international human rights protections to advocates around the world since 2011. In addition to teaching international law courses, Lisa’s prior experience includes positions at the Inter-American Commission on Human Rights, International Organization for Migration, Civil Rights Division of the United States Department of Justice, and nongovernmental organizations providing legal representation to migrants and asylum seekers, people in prison, and survivors of torture. She is currently completing a Visiting Researcher stay with the Menschenrechtszentrum (Human Rights Center) at the University of Potsdam in Germany, where her research is focused on the rights of human rights defenders, including with regard to access to information. We also have special academic rules for these condensed courses: -Students must attend each course session and cannot attend any course session remotely (even for illness or emergency situations). -The Registrar’s Office will drop a student who does not attend each course session. Due to the condensed nature of this course, in-person attendance at all course sessions is mandatory. Absences cannot be excused for any reason, including illness or emergencies. The Registrar’s Office will drop any student who misses a session. Spring 2025 Description: Lawyers working in the defense of human rights or the environment, in the corporate sphere, or in government will require an understanding of when a governmental or private actor has a duty to disclose information, the source(s) of that obligation, and how courts balance competing interests such as individual privacy or national security. More than 120 countries have adopted freedom of information (FOI) laws recognizing a right to access documents and other data of public interest. International treaties also enshrine this right, including in the areas of human rights and environmental protection, and it has arguably reached the status of a customary norm. But, these standards are not uniform and each contains important limitations, exceptions, and procedural requirements. Additionally, a growing body of law and litigation seeks to criminalize or otherwise prevent disclosure of certain information, such as through strategic lawsuits against public participation (SLAPPs). This course provides an introduction to the rights and duties connected to freedom of information, through an examination of the variations in FOI norms at the national, regional, and international levels. Students will gain an understanding of how FOI obligations apply to governmental and corporate actors, including with regard to their internal workings and the information they generate. We will also discuss important areas of contention, such as whistleblower protection, discovery of social media content, disinformation, and individual access to information on abortion. The course instructor, Lisa Reinsberg, is a practicing international human rights lawyer and graduate of Georgetown Law (J.D.) and Berkeley Law (LL.M.). She founded and directs the International Justice Resource Center, which has provided guidance on international human rights protections to advocates around the world since 2011. In addition to teaching international law courses, Lisa’s prior experience includes positions at the Inter-American Commission on Human Rights, International Organization for Migration, Civil Rights Division of the United States Department of Justice, and nongovernmental organizations providing legal representation to migrants and asylum seekers, people in prison, and survivors of torture. Her research is currently focused on the rights of human rights defenders, including with regard to access to information. |
| Law 240.6 Civil Procedure Scholarship Workshop 2 Units |
| Fall 2024: In-Person |
| Description: Fall 2024 Description: This course is built around presentations of new scholarship about topics related to civil procedure. The scholarship will be presented in person by guest speakers (with the proviso that some speakers may, for logistical or medical reasons, need to present remotely). Students will be provided with each meeting's article in advance and expected to read and formulate questions for the speaker. Grades will be based on response papers and (to a lesser extent) on class participation. |
| Law 241 Evidence 4 Units |
| Spring 2020: Remote due to COVID Fall 2020: Remote due to COVID Spring 2021: Remote due to COVID Fall 2021: In-Person Spring 2022: In-Person Fall 2022: In-Person Spring 2023: In-Person Fall 2023: In-Person Spring 2024: In-Person Fall 2024: In-Person Spring 2025: In-Person |
| Description: Spring 2020 Description: This course will examine the law governing proof of facts, with special attention to the Federal Rules of Evidence (FRE). Topics will include the allocation and size of burdens of proof, relevance, hearsay, character evidence, circumstantial inference, impeachment and rehabilitation, expert and lay opinion witnesses, and scientific evidence. The goal of the course is to provide students with the ability to critique and assess the admissibility of evidence in judicial and other fact-finding contexts. This will necessarily involve an understanding of the FRE, and related constitutional and common-law doctrines. Although this is not a trial advocacy or clinical course, one goal will be to impart a sense of how the Rules actually work in court. There will also be a strong concentration on the underlying common law theories that provide the basis of various codifications, The instructor has taught Evidence for 40 years at NYU Law School, and has litigated hundreds of federal and state cases during his career as a civil liberties lawyer. The required textbook will be:the most recent edition of Weinstein et al, Evidence: Cases and Materials, plus any supplement. The complete Federal Rules of Evidence with Advisory Committee Notes can be found at: http://www.law.cornell.edu/rules/fre The California Evidence Code can de found at: http://www.leginfo.ca.gov/cgi-bin/calawquery?codesection=evid Fall 2020 Description: This course explores the law of proof in civil and criminal trials. Our principal focus is the Federal Rules of Evidence and the federal appellate court opinions interpreting and filling gaps in the Federal Rules, as well as the intersection of the Federal Rules and the Sixth Amendment’s “Confrontation Clause.” Topics include the relevance requirement, when hearsay is admissible, the uses and abuses of character evidence, the appropriate means of impeaching and rehabilitating witnesses, and the attorney-client privilege. Instructor Biography: Robert D. Infelise received his A.B. from Cal in 1977 and his J.D. from Berkeley Law in 1980. Upon graduating, Mr. Infelise joined the Los Angeles office of Cox, Castle & Nicholson LLP, one of the nation's premier law firms specializing in the real estate and financial services industries. Since the mid-1980’s, he has specialized in litigation involving soil and groundwater contamination. In 1998, Mr. Infelise helped found Cox, Castle & Nicholson's San Francisco office and later served as its managing partner. He is the former chair of the Advisory Committee, as well as former acting Executive Director, of Berkeley Law’s Center for Law, Energy and the Environment. In 2002-2003, Mr. Infelise was the acting head of Berkeley Law’s environmental law program. In 2014, he was named a “Christopher Edley, Jr. Lecturer.” Mr. Infelise writes and speaks on issues involving soil and groundwater pollution, as well as climate change. His scholarly work begins and ends with an article co-authored by Professor Robert A. Kagan entitled "American State Supreme Court Justices, 1900-70," American Bar Foundation Research Journal, 1984 (Vol. 2, Spring). In addition to this course, Mr. Infelise teaches Environmental Law & Policy; the Environmental Law Writing Seminar; Climate Change and the Law; Contracts for LLMs; and Remedies. Spring 2021 Description: This 3-unit course will explore the law of evidence as applied in American (primarily federal) courts, but with a different approach than the standard 4-unit course. We will use an experiential learning-by-doing approach, with part of our class time spent with students arguing for the admission or exclusion of evidence, sometimes in the full Zoom room and sometimes in break out rooms, based on problems drawn from two simulated case-files. Both of the cases involve important but disturbing gender equality issues. One involves an allegation of Spousal Violence/Murder; the other is a civil sexual harassment in employment case. You will need to become familiar with every aspect of the two cases, and apply the law of evidence, as found in the Federal Rules of Evidence and a few case decisions, to argue why the law permits or prohibits the admission or exclusion of the evidence offered. There is no traditional casebook in this class, and we will read only a handful of cases. We will use a "hornbook" (which is available free through the Berkeley Law Library subscription to Foundation Press study aids), the Federal Rules of Evidence (which are available for free online), and two casefiles published by the Na |