Spring 2010 Legal Studies Course Offerings

Spring 2010 Legal Studies Course Offerings

Please check the OSOC (http://schedule.berkeley.edu) for the most up-to-date schedule.

39B: Current Political & Moral Conflicts & the Constitution Frosh/Soph Seminar   Pomerantz, M 10am- 12pm,  2 units, Area N/A

***This course is lower division and will not count towards the major.***

The U.S political and moral debate has moved steadily into the realm of the Supreme Court. Some have strongly argued that the Court’s interpretation and application of the Constitution have adversely affected our fundamental rights, usurped powers from other branches of government, disregarded all notions of federalism, upset the separation of powers necessary for a stable democracy, and created an “Imperial Judiciary.” Others have argued as strongly that the Court has acted properly to protect fundamental freedoms and individual rights in the face of unprecedented political and governmental efforts to limit them, and in doing so has fulfilled the role envisioned for the Court by the Constitution.  Conducted by the Socratic method, the seminar examines current controversial moral and political issues that have a constitutional basis and the Court’s participation in the debate.  Topics include gay rights (including gay marriage), abortion, euthanasia, capital punishment, college speech codes, “hate” speech, and racial and ethnic profiling.  Participants will read the relevant Supreme Court cases, and political and legal commentary from across the political spectrum.   The course is designed for students who wish to learn how to think–not what to think.  Accordingly, students will be asked to develop and apply critical thinking skills to the course work, and learn not only what the Justices of the Court think, but also why they think as they do. Students are expected to develop and support their own views and opinions regarding the relevant topics
Alan J. Pomerantz, Esq., is a practicing lawyer and Senior Counsel of Orrick, Herrington & Sutcliffe, a major international law firm.  A graduate of the NYU School of Law, he also studied in Chile and received an advanced legal degree from the University of Amsterdam (Netherlands).  He has lectured and taught widely, including at the NYU School of Law, NYU College of Arts and Science, the University of Amsterdam, Columbia Graduate School, and the University of Concepcion (Chile). He has published numerous articles and contributed to several treatises on legal topics. Mr. Pomerantz is recognized by several peer publications as one of the world’s leading lawyers.  Mr. Pomerantz has participated in important and controversial matters affecting individual rights, including death penalty appeals, right of public artistic expression, right of privacy for acts of consenting adults, and numerous free speech cases. ccn: 51503

107: Theories of Justice  Song, TTh 2-2:30, 4 units, Area I

This course explores three fundamental questions about the idea of a just society and the place of the values of liberty and equality in such a society:  (1)Which liberties must a just society protect? Liberty of expression? Sexual liberty? Economic liberty? Political liberty? (2) What sorts of equality should a just society ensure? Equality of opportunity? Of economic outcome? Political equality? Equality for different religious and cultural groups?  (3)Can a society ensure both liberty and equality? Or are these opposing political values?  We will approach these questions by examining answers to them provided by three contemporary theories of justice:  utilitarianism, libertarianism, and egalitarian liberalism. To assess the strengths and weaknesses of these theories, we will discuss their implications for some topics of ongoing political controversy that exemplify our three fundamental questions about liberty and equality: the enforcement of sexual morality, financing schools and elections, regulating labor markets, affirmative action, and abortion. We will conclude by examining issues of global justice and human rights.   ccn: 51506

116: Legal Discourse, 1500- 1700  B. Shapiro, TTh 3:30-5, 4 units, Area I or II

The course focuses on the history of legal thought and discourse from the late medieval period to the Enlightenment. Topics to be considered include the relationship between legal thought and intellectual developments and the relationship between political and constitutional developments and legal discourse. Although the emphasis is on England, there will be some consideration of differences between English and continental European legal thought. ccn: 51521

119: Philosophy & Law in Ancient Athens  Hoekstra, TTh 9:30- 11am, 4 units, Area II

This is an introduction to important aspects of the philosophical and constitutional thought of classical Athens. We will pay particular attention to accounts of the origins of the Athenian legal system; criticisms and defenses of the democracy; arguments about the nature of justice, law, and legal obligation; and the context of the Athenian way of organizing trials, taxation, and administration. Readings from Aeschylus, Thucydides, Aristophanes, Plato, Lysias, Aristotle, and others.  ccn: 51530

132: Immigration & Citizenship  Volpp, TTh 3-5:30, 4 units, Area III

We often hear that America is a “nation of immigrants.” This representation of the U.S. does not explain why some are presumed to belong and others are not. We will examine both historical and contemporary law of immigration and citizenship to see how law has shaped national identity and the identity of immigrant communities. In addition to scholarly texts, we will learn to read and analyze excerpts of cases and the statute that governs immigration and citizenship, the Immigration and Nationality Act. ccn: 51545

147: Law & Economics II  Ingberman, MW 4-5:30, 4 units, Area I or III

Microeconomic theory will be applied to government and regulation. Topics include the economic analysis of constitutional law, administrative law, regulation, corporations, and environmental law.  To illustrate, the behavior of legislators who want to maximize the votes that they receive will be described and predicted.  Similarly, the behavior of regulatory agencies who seek to maximize their own budgets will be predicted. The best forms of regulation will be identified assuming that parties subject to it minimize the cost of compliance, as when corporations try to satisfy environmental controls at least costLaw &  Economics I (LS 145) is not a prerequisite. ccn: 51575

160: Punishment, Culture & Society  Simon, MW 4-5:30, 4 units, Area II or IV

This course surveys the development of Western penal practices, institutions, and ideas (what David Garland calls “penality”) from the eighteenth-century period to the present. Our primary focus will be on penal practices and discourses in United States in the early 21st century. In particular we will examine the extraordinary growth of US penal sanctions in the last quarter century and the sources and consequences of what some have called “mass imprisonment.” To gain some comparative perspective the course will also take up contemporary penality (or penalities) in Europe, South Africa, Central America, and Asia, as well as US penality and society at some earlier conjunctures.
In our analysis of penality, we will draw upon a range of social science theories with general relevance but with particularly rich application to the study of punishment. These theories provide the “tool kits” we will use to interpret and analyze multiplex implications of punishment and its relationship to changes in economic, social, and political relations associated with modernization and more recently the globalization of modern capitalism. The course will examine many examples of penal practices and the ideas associated with them including mass imprisonment, the death penalty, and restorative justice. In the last portion of the class we will examine the recent crisis in California’s juvenile prisons through the lenses both of different social theories and the examples of different national and historical penal patterns. ccn: 51590

161: Law in Chinese Society  Berring, TTh 2-3:30pm, 4 units, Area II

This course examines the legal system of China, from its cultural basis to the implications for modernization and China’s participation in the international community.  Philosophy, drama, and art will be used to understand the culture and major historical periods which influenced China’s legal traditions and key concepts.  The 20th century will be reviewed in some detail, including the Republic both on the mainland and on Taiwan, and the People’s Republic in both the Maoist and current eras, leading to examination of current legal practices in both Taiwan and mainland China.  ccn: 51605

168: Sex, Reproduction & the Law  Hollinger TTh 9:30-11:00am, 4 units, Area III

Why and how does the State regulate sex, sexuality, and reproductive behavior? What are the personal and societal consequences of our technological capacity to separate sex from reproduction? A number of legal and social issues will be analyzed, including sterilization, access to contraception and abortion, adolescent sexuality and statutory rape, the legal status of fetuses and frozen embryos, and the parentage of children conceived through assisted reproduction.  ccn: 51626

178: American Legal & Constitutional History Seminar  McClain, W 2-4pm, 3 units, Area II

The course has two purposes:  to explore in depth selected topics in American legal and constitutional history, and to help students improve their research and writing skills.  Students are required to participate in class discussions and to write a substantial research paper.  Preference may be given to students who have taken LS 176, LS 177, or have had other significant exposure to American legal or constitutional history. ccn: 51641

To receive permission to enroll, email Professor McClain (cmcclain@law.berkeley.edu) and include your major and a short statement of interest in the course. You will receive an email 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.

190.1: Law, Politics & Literature  M. Shapiro, Th 3-6, 4 units, Area II

This course will examine some key issues of politics through the close reading of a number of literary works. ccn: 51644

190.2: Domestic Violence  Lemon, W 2-5, 3 units, Area III or IV

This seminar will examine the legal sysstem’s response to domestic violence. Using an interdisciplinary approach, we will cover historical and psychological materials as well as topics in criminal, family, tort, immigration, welfare, and constitutional law. Ethical and policy issues will be included throughout, as will discussion of how domestic violence affects different groups – people of color, lesbians and gay men, disabled women, etc.      ccn: 51647

190.3 The Psychology of Diversity & Discrimination in American Law  Plaut,    M 3-6, 3 units, Area I

How does the psychology of culture, race, and ethnicity shape the legal pursuit of diversity and equal treatment? How are Americans thinking about 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 intergroup conflict and 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: cultural psychology and cultural defense; psychology of desegregation; psychology of colorblindness and equal protection; psychology of “critical mass” and affirmative action; stereotyping, intent, and discrimination; cultural differences in attraction and implications for discrimination; psychology of sexism in the workplace; psychology of social class and poverty; psychology of disability and disability discrimination.  ccn: 51649

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 and a 3.0 UC GPA.  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.

H195A: Honors Thesis  4 units

Legal Studies seniors with a 3.5 GPA in the major, and an overall UC GPA of 3.3 are eligible for the Legal Studies Honors Program and, if they successfully complete it, will graduate with honors in Legal Studies. Honors students must enroll in LS 198, the honors seminar, offered in the fall prior, and complete a substantial research paper under the supervision of a Legal Studies faculty member. Students are assigned a letter grade 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 on the quality of the completed honors thesis. Interested students should contact the Undergraduate Advisor for details and forms.


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