Spring 2009 Course Offerings

Spring 2009 Course Offerings

39B: The Nature of Legal Authority Berring

**107: Theories of Justice Song**CANCELLED**

140: Property & Liberty Brown

145: Law & Economics I McCrary

154: International Human Rights Boyd

161: Law in Chinese Society Berring

163: Juvenile Delinquency and Juvenile Justice Krisberg

168: Sex, Reproduction & the Law Hollinger

176: 20th Century Am. Leg. & Constitutional Hist. Scheiber

178: American Legal & Constitutional History Seminar McClain

181: Psychology & Law MacCoun

190.1: The Supreme Court & Public Policy M.Shapiro

190.2: Basic Legal Values Dan-Cohen

199: Independent Study 1-4 Units, P/NP

H195 A: Honors Thesis 4 Units, Letter-graded(as 0f 10/15/08)

Subject to change.Please check the Online Schedule of Classes for the most up-to-date information. (http://schedule.berkeley.edu)

Course Details:

39B: The Nature of Legal Authority Berring***This is a Frosh/Soph seminar and will not count towards the Legal Studies major***W 2-4:00pm 203 Wheeler 2 units, Area N/A

We will read several judicial opinions and seek to discover the ways in which courts use authority and craft law. What are the sources of law and how are they used? How can courts create law? We will explore the intersection of law, morality and political pressure. The role of statutes will be included as will some discussion of the Constitution. This seminar may be used to satisfy the Social and Behavioral Sciences requirement in Letters & Science. ccn: 51503

107: Theories of Justice Song **CANCELLED**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.

140: Property & Liberty BrownTuTh 11:00am-12:30pm 106 Stanley 4 units, Area I or III

The course will explore the relation between property law and limits of liberty in different cultures and at different times. The course will cover theories of property law, slavery, the clash between aboriginal and European ideas of property, gender roles and property rights, common property systems, zoning, regulatory takings, and property on the internet. Readings will include legal theorists, court cases, and historical case studies. ccn: 51536 Click here for schedule info

145: Law & Economics I McCraryMW 4:00-5:30pm 277 Cory 4 units, Area I or III

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. ccn: 51551 Click here for schedule info

154: International Human Rights BoydMWF 12-1:00pm 3 LeConte 4 units, Area I & II

International human rights are at the forefront of national and international dialogue. These discussions reflect the evolution of human rights from declaratory statements to rights enforceable in courts. Using historic documents, timely current articles, and a new international human rights document being drafted at Berkeley, we will learn about the recognition of human rights, existing institutions to protect human rights, and look forward to the future of human rights.ccn: 51521 Click here for schedule info

161: Law in Chinese Society BerringTuTh 9:30-11am 390 Hearst Mining 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: 51566 Click here for schedule info

163: Juvenile Delinquency and Juvenile Justice KrisbergTTh 8-9:30am 106 Stanley 4 units, Area III or IV

This course examines the premises, doctrine, and operational behavior of juvenile courts, particularly in relation to the commission of seriously anti-social acts by mid-adolescents. Topics include the history of theories of delinquency; the jurisprudence of delinquency; the incidence and severity of delinquency; police response to juvenile offenders; the processes of juvenile courts and youth corrections; and reforms or alternatives to the juvenile court system. ccn: 51587 Click here for schedule info

168: Sex, Reproduction & the Law Hollinger TuTh 2-3:30pm 155 Donner Lab 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: 51602 Click here for schedule info

176: 20th Century American Legal & Constitutional History Scheiber TTh 3:30-5pm 166 Barrows 4 units, Area II

This class covers the development of American law and the constitutional system in the twentieth century. Topics include Progressive Era Regulatory policy, criminal justice and relations, freedom of speech and press, New Deal legal innovations, modern tort liability, environmental regulation, judicial reform, and federalism. It is recommended that students have completed at least one course in legal studies or political science dealing with American History or government. ccn: 51617 Click here for schedule info

178: American Legal & Constitutional History Seminar McClainW 2-4pm 122 Latimer 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: 51626 Click here for schedule info

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.

181: Psychology & Law MacCoun TuTh 2-3:30pm 110 Barrows 4 units, Area I

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. ccn: 51629 Click here for schedule info

190.1: The Supreme Court & Public Policy M.Shapiro W 3-6pm 145 McCone 4 units, Area III or IV

A policy, as opposed to legal, analysis of a number of earlier and recent Supreme Court decisions. ccn: 51653 Click here for schedule info

190.2: Basic Legal Values Dan-CohenT 5-7pm 204 Wheeler 3 units, Area I

Although everyone agrees that law promotes some values, what these values are is often unclear and controversial. This is increasingly the case the more we come to recognize cultural diversity and moral pluralism faced by the law. In this seminar we will examine a number of values that have been advanced within the liberal tradition, such as well-being, autonomy, and dignity, and consider their potential role in shaping or explaining a wide range of legal disputes. The seminar will divide into two parts. In the first, we’ll get acquainted with these values in the context of the two main strands in liberal moral theory – utilitarianism and Kantianism – and consider some general issues concerning the meaning of these values and their interrelationships. The second part will consist of student presentations on specific substantive topics in which the general issues discussed in the first part arise. Enrollment is restricted.ccn: 51656To 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.  Click here for schedule info

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.

H195 A: Honors Thesis 4 Units, Letter-graded

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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