Fall 2009 Legal Studies Courses

107: Theories of Justice Londow TTh 12:30-2pm 4 units, Area I

Questions of social and distributive justice are as ancient as Aristotle. Yet modern philosophy, with its developing notions of democracy and equality, has added much sophistication and subtlety to these questions, especially since the publication of John Rawls’ A Theory of Justice (1971). In this course we will deal with the different spheres of justice – personal relations, the concept of community, the notion of the State, and global justice. We will discuss, among other issues, the connection between justice and liberty, human rights in general and minority rights in particular, individuality and group affiliation, equality and affirmative action.ccn: 51521 

109: Aims & Limits of Criminal Law Lave MW 4-5:30 4 units Area III or IV

Course focuses on the analysis of the capacity of criminal law to fulfill its aims. What are the aims of criminal law? How are they assigned relative priority? What principles can be identified for evaluating the effort to control disapproved activities through criminal law? ccn: 51536

145: Law & Economics I Cooter TuTh 8:00-9:30 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

155: Government & the Family Hollinger TuTh 11-12:30 4 units Area III or IV

How has the law constructed and deconstructed “family” relationships? What are the common law, stautory, and constitutional principles that affect the information, 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 familie to protect children against neglect or abuse? Should children have legal fxc “rights” and if so, to what and against neglect or abuse? Should children have legal “rights” and,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. ccn: 51566

163: Juvenile Delinquency & Juvenile Justice Zimring MW 4-5:30pm 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: 51581

177: American Legal & Constitutional History Brown TuTh 8-9:30am 4 units, Area II

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. ccn: 51596

179: Comparative Constitutional Law M. Shapiro MWF 10-11am 4 units, Area II 

An examination of constitutional decision making in a number of countries based on selected high court opinion. ccn: 51611

182: Law, Politics & Society Feeley TTh 8-9:30am 4 units, Area III or IV

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. ccn: 51626

189: Feminist Jurisprudence Abrams TuTh 9:30-11am 4 units, Area I

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. ccn: 51656

190.1: European Legal History McClain MWF 10-11am 3 units, Area II

Main themes in European legal history: topics include classical Roman law, Justinian’s codification (6th century A.D.), the medieval revival of Roman law in Italy and elsewhere, medieval canon law (the law practiced in the ecclesiastical courts), the jus commune (amalgam of Roman, canon and indigenous law that prevailed in Europe until the modern period), the law merchant, the beginnings of the English common law, early modern developments in continental Europe and England, nineteenth-century codification, twentieth century developments. ccn: 51671

190.2: Law & Economics of Growth & Development Cooter Tu 10am-12pm 3 units, Area I or III

The economic analysis of law is one of the major theoretical perspectives in the study of law in American universities.  This class applies that perspective to the problem of economic growth and development, especially in poor countries.  Students will learn how law can increase or decrease the rate of economic growth.  The bodies of law to be studied include property, contracts, finance, corporations, crimes, and the legal process. A course in economics is required. ccn: 51674

190.3: Jewish Law Bamberger, Kasher Th 3:20-5:20  2 units, Area II

An introduction to various topics in Jewish law and jurisprudence. The course will engage specific topics from a variety of substantive legal areas to illuminate overarching themes including: the history and sources of Jewish Law; basic legal principles; approaches to legal interpretation; legal evolution in the face of change and modernity; and the development of minority legal systems. The course also involves comparative analysis, using subject areas in U.S. law. Assigned readings are in English. No prior knowledge is required. This is a Berkeley Law course. 12 seats have been reserved for undergrads, first-come first served. ccn: 51676

198: Honors Seminar Simon Th 10am-12pm 2 Units, P/NP

Students contemplating an Honors thesis must enroll in LS 198 in the Fall of their senior year, which is 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. UCB GPA 3.3 Legal Studies GPA 3.5 required.

During the following Spring semester, students who continue with the Honors Program will complete a substantial research paper under the supervision of a faculty member.

For more information or to obtain a Course Entry Code, please contact Lauri, the Undergraduate Advisor. ccn: 51689

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 3.0 UCB 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 Lauri for the required form. Note: LS 199 is P/NP only, but will count towards the 32 upper div units for the major.