Fall 2006 Legal Studies Course Offerings

Fall 2006 Legal Studies Course Offerings

List is current as of 08/02/06 but subject to change. Please check the Online Schedule of Classes (http://schedule.berkeley.edu) for the most up-to-date information.

LS 103 – Theories of Law & Society

  • C A N C E L L E D

LS 105 – Theoretical Foundation of Criminal Law

  • Professor Dan-Cohen
  • 3 units, Area I or III
  • TuTh 1-2pm
  • 277 Cory
  • CCN: 51518
  • Sections:
  • (101) Thursday, 3-4pm, 110 Wheeler
  • (102) Thursday, 4-5pm, 110 Wheeler
  • (103) Tuesday, 4-5pm, 102 Wurster
  • (104) Tuesday, 5-6pm, 78 Barrows

Perhaps more than any other legal area, criminal law raises fundamental theoretical issues that have occupied philosophers over the years. This is not surprising in light of the obvious proximity between the enterprise of using state coercion to punish the guilty on the one hand and central concerns of moral and political philosophy on the other. In the course we’ll discuss a selection of articles that bring to bear such a philosophical perspective on important aspects of criminal law. The topics include the justification of punishment, the foundations of blame and responsibility, the substantive values protected by criminal law, the significance of actual harm, the liability of groups and other collectivities, and the virtues and limits of the rule of law.

LS 114 – Law in the Work of Art

  • Professor Nonet
  • 4 units, Area I
  • TuTh 9:30-11am
  • 56 Barrows
  • CCN: 51533
  • Sections:
  • (101) Monday, 8-9am, C335 Cheit
  • (102) Wednesday, 8-9am, C335 Cheit

The study of selected works of art, including poetry, music, and architecture, as a basis for introducing students to the tradition of philosophical speculation regarding the relation of beauty–the way art manifests itself–to goodness–the ultimate end of the law.

LS 145 – Law & Economics I

  • Professor Ingberman
  • 4 units, Area I or III
  • WF 4-5:30pm
  • 160 Kroeber
  • CCN: 51542
  • Sections:
  • (101) Monday, 1-2pm, 101 Wurster
  • (102) Monday, 12-1pm, 50 Barrows
  • (103) Wednesday, 1-2pm, 50 Barrows
  • (104) Wednesday, 2-3pm, 50 Barrows

This course uses the concepts and tools of economics to analyze problems in law, focusing on contracts, property, torts, and legal process. Students will be expected to apply the analysis to broad array of legal issues.

LS 151 – Law, Self, & Society

  • Professor Dan-Cohen
  • 3 units, Area I
  • MW 4-5pm
  • 3 LeConte
  • CCN: 51557
  • Sections:
  • (101) Thursday, 3-4pm, 61 Evans
  • (102) Thursday, 4-5pm, 61 Evans
  • (103) Tuesday, 4-5pm, 104 Barrows
  • (104) Tuesday, 5-6pm, 80 Barrows

Contemporary moral and political philosophy has been increasingly interested in how conceptions of the self relate to various aspects of our social and political life. These issues have an important bearing on legal theory as well. Law is shaped by certain implicit assumptions about the nature of individuals and collectivities, while it also actively participates in forming the identities of persons and in structuring collective entities such as families, corporations, and municipalities. This course will explore some theoretical approaches to this reciprocal relationship between law and the different social actors that it governs.

155 – Government & the Family

  • Professor Hollinger
  • 4 units, Area III
  • TuTh 12:30-2pm
  • A1 Hearst Annex
  • CCN: 51572
  • Sections:
  • (101) Monday, 1-2pm, 78 Barrows
  • (102) Monday, 2-3pm, 78 Barrows
  • (103) Wednesday, 1-2pm, 78 Barrows
  • (104) Wednesday, 2-3pm, 78 Barrows

How has the law constructed and deconstructed “family” relationships? What are the common law, statutory, and constitutional principles that affect the formation, regulation, and dissolution of families? How do these principles, as well as diverse cultural and social values, guide the State in determining who may or may not marry, who may or may not become a legal parent, and the circumstances that justify State intervention in otherwise private and autonomous families to protect children against neglect or abuse? Should children have legal “rights” and, if so, to what and against whom? Special attention is given to the laws, policies, and current debates concerning marriage and domestic partnerships, child custody and adoption, and the public child welfare system. These issues are explored through a variety of readings in the law and the social sciences.

LS 177 – American Legal & Constitutional History

  • Professor McClain
  • 4 units, Area II
  • MWF 10-11am
  • 50 Birge
  • CCN: 51623
  • Sections:
  • (101) Monday, 2-3pm, 155 Barrows
  • (102) Wednesday, 3-4pm, 50 Barrows
  • (103) Monday, 1-2pm, 155 Barrows
  • (104) Wednesday, 4-5pm, 155 Barrows

This course explores the history of American legal institutions and doctrine from colonial times to the present. It deals both with the history of American constitutional law (through the study of major U.S. Supreme Court opinions) and with the development of certain important bodies of non-constitutional law, such as the law of property, the law of torts (civil wrongs), and criminal law. In exploring how American law has developed over time the course may serve as something of an introduction to our current legal and constitutional order.

LS 181 – Psychology & the Law

  • Professor Maccoun
  • 4 units, Area I
  • TuTh 8-9:30am
  • 101 Wurster
  • CCN: 51637
  • Sections:
  • (102) Monday, 10-11am, 101 Wurster
  • (103) Wednesday, 1-2pm, 101 Wurster

This course will examine the implications of cognitive, social, and clinical psychology for legal theory, policies, and practices. The course will analyze the psychological aspects of intent, responsibility, deterrence, retribution, and morality. We will examine applications of psychology to evidence law (e.g. witness testimony, psychiatric diagnosis and prediction), procedure (e.g., trial conduct, jury selection), and topics in criminal, tort, and family law.

LS 182 – Law, Politics, & Society

  • Professor Feeley
  • 4 units, Area III or IV
  • TuTh 8-9:30am
  • 160 Kroeber
  • CCN: 51638
  • Sections:
  • (101) Wednesday, 11am-12pm, 101 Wurster
  • (102) Thursday, 10-11am, 101 Wurster
  • (103) Monday, 1-2pm, 20 Barrows
  • (104) Wednesday, 1-2pm, 111 Kroeber

This course examines the theory and practice of legal institutions in performing several major functions of law: allocating authority, defining relationships, resolving conflict, adapting to social change, and fostering social solidarity. In doing so, it will assess the nature and limits of law as well as consider alternative perspectives on social control and social change.

LS 184 – Sociology of Law

  • Professor Albiston
  • 4 units, Area III
  • TuTh 11am-12:30pm
  • 102 Wurster
  • CCN: 51653
  • (101) Monday, 1-2pm, 54 Barrows
  • (102) Monday, 2-3pm, 54 Barrows
  • (103) Wednesday, 1-2pm, 54 Barrows
  • (104) Wednesday, 2-3pm, 54 Barrows

This introductory course explores major issues and debates in the sociology of law. Topics include theoretical perspectives on the relationship between law and society, theories of why people obey (and disobey) the law, the relationship between law and social norms, the “law in action” in litigation and dispute resolution, the roles of lawyers, judges, and juries in the legal system and in society, and the role of law in social change. The course will examine these issues from an empirical perspective. Sociology 1 or 3AC are not required. Students cannot receive unit or major credit for both Legal Studies 184 and Sociology 114.

LS 189, Feminist Jurisprudence

  • Professor Abrams
  • 4 units, Area I
  • Tues/Thurs, 12:30-2pm
  • 126 Barrows
  • CCN 51682
  • (101) Mon, 10-11am, 115 Kroeber
  • (102) Mon, 9-10am, 50 Barrows
  • (103) Wed, 9-10am, 101 Wurster
  • (104) Wed, 10-11am, 101 Wurster

This course will explore the ways in which feminist theory has shaped conceptions of the law, as both an influence contributing to sex and gender inequality, and a vehicle for its amelioration. The course will examine a range of feminist legal theories, including equality, difference, dominance, intersectional, poststructural, postcolonial theories. It will ask how these theories have shaped legal interventions in areas including workplace/educational access, sexualized coercion, work/family conflict, cultural defenses, and globalized sweatshop labor. It will also consider how epistemological challenges that emerged from feminist theory in other disciplines shaped challenges to objectivist epistemology in law.

LS 190.1 – Law, Politics & Literature

  • Professor M. Shapiro
  • 4 units, Area II
  • M 3-6pm
  • 279 Dwinelle
  • CCN: 51683

This course will examine some key issues of politics through the close reading of a number of literary works.

LS 190.2 – Topics in Legal Theory

  • Professor Dan-Cohen
  • 3 units, Area I
  • M 12-2pm
  • 115 Kroeber

In this seminar we’ll discuss a number of texts that cover a wide range of issues in the theory of law. Roughly speaking, they fall into two main categories. Some of the readings look at law from the outside, posing the question, What is law and what is the source of its authority? The answers proposed concern the distinction between natural law and positivism, and the relationship between law and morality. The other set of readings adopt an internal perspective, focusing primarily on theoretical and philosophical underpinnings of substantive legal issues. The aim is to identify salient ideas and values that shape legal discourse and inform legal policy. Enrollment is restricted.

To receive permission to enroll, email Professor Dan-Cohen (dan-cohen@law.berkeley.edu) and include your major, any philosophy coursework you’ve done, and a short statement of interest in the course. He will email you back with either a Class Entry Code that allows you to register via TeleBEARS, or a message to put yourself on the waitlist. If you are instructed to put yourself on the waitlist, you will be notified during the first class meeting if you will be admitted into the course.

Legal Studies 190.3 – Politics of Labor Standards

  • Tom Rankin, attorney and past president of the CA AFL-CIO
  • Mondays, 6:20-8:10pm
  • 115 Boalt
  • 2 units, Area III
  • CCN: 51688

** Course begins on Monday, August 21st **

If you are unable to attend the first meeting, please contact the instructor at (510) 499-8284.

There are currently 5 undergraduate seats available in the course. If you are waitlisted, please attend the first meeting and the instructor will add students as space allows.
The global economy, coupled with the loss of strength of organized labor, has resulted in increasing pressure from business interests to weaken labor standards at both federal and state levels. Yet in some areas, California has bucked the trend. This course will focus on the California experience to give students an understanding of how labor standards are made, how they are enforced and why they are important to workers.

Readings will mainly consist of short articles and legislative bill analyses. No textbooks will be required. Students will be graded on class participation and on a paper due at the end of the class.

A Community Scholars Course: As part of the UC Berkeley Labor Center Community Scholars program, this course will bring together students with trade unionists and community organizers to study and research, in an interactive and practical way, issues of current concern to the California workforce.

LS 198 – Honors Seminar

  • Professor McClain
  • 2 Units, P/NP
  • W 12-2pm
  • 115 Kroeber

Beginning with the Fall 2005 term, students contemplating doing Honors theses will be strongly encouraged to enroll in this seminar aimed specifically at preparing them for the task. The seminar will cover such important subjects as selecting a thesis topic that is both interesting and capable of investigation within the limits of a single semester, developing and implementing an effective research strategy, and completing the writing.

During the following semester, Spring 2006 students who decide to continue with the Honors Program will complete a substantial research paper under the supervision of a faculty member. Students are assigned a letter grade for the thesis, as well as a level of honors upon graduation. The level of honors is determined by the Program based on the student’s final grade point average in the major and by the quality of the completed honors thesis.

Though they will not have the benefit of the seminar beforehand, eligible students on the Fall 2005 degree list will be permitted to write a thesis during the Fall term. For more information or to obtain a Course Entry Code, please contact Anna, the Undergraduate Advisor.

LS 199 – Independent Study

  • 1-4 units P/NP

Legal Studies 199 is open to officially declared Legal Studies Seniors with a 3.0 GPA in the major. Independent study is a research paper the student produces under the direction of a faculty member. In order to enroll, the student must develop a proposal and find a Legal Studies faculty member who is willing to serve as director. Ideally, the student should have already taken at least one course from the faculty member in the area which s/he wishes to research. The student should submit a written proposal to the faculty member outlining the scope and length of the research project s/he would like to do. A general guideline is one unit of credit per ten pages of text in the final research paper, up to a maximum of four units. The consent of the supervising faculty member should be secured prior to the first week of the semester. Once a student has secured faculty permission, the student should see the Undergraduate Advisor for the requisite form. Note: LS 199 can only be taken P/NP, but it is applicable towards the 32 upper division units in the major.

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