The course will cover the rules relating to jurisdiction, venue, pleadings, discovery, motion practice, arbitrations, trials (both jury and non-jury), and appeals emphasizing the Code of Civil Procedure and practice rules used in California.
This course will introduce students to environmental laws promulgated by and specific to the State of California. Topics covered may include California Environmental Quality Act, the California Endangered Species Act, the Porter Cologne Act; the California Clean Air Act, and the California Coastal Act. Students will acquire an understanding of the purpose of each Act, the general procedures associated with each Act, and how each Act is used to protect California's environment.
This course will explore the tension between the environmental ethos and capitalist ethos. The course begins with and examination of by examining what are the constitutive elements of these competing discourses and exploration of whether the tension between capitalism and the environment can be resolved through the use of principles such as sustainable development, precautionary action, innovation and growth. Other possible topics include how the tension between capitalism and the environment is manifested in varied legal topics such as the liability of multinational enterprises, the new corporate social responsibility movement, transnational private regulation, models of civic participation, and the climate change negotiations.
This course will begin with a brief examination of the history and evolution of child custody standards in California from the English common law to the present day “best interest” of the child standard, through use of statutes and case law. The course will then focus on taking a child custody case from inception to completion in California and will address a variety of issues attorneys may encounter along the way such as Uniform Child Custody Jurisdiction Enforcement Act (UCCJEA) issues, modifications, move-away cases, mediation, minor’s Counsel, and §730 Evidence Code evaluations.
This class examines the attitudes, participation and influence of the People’s Republic of China on several international organizations. The class will devote significant attention to China’s participation and compliance with human rights regimes (UN bodies, International Criminal Court, International Labor Organizations and various treaties) and transactional regimes (World Trade Organization, Convention on the International Sale of Goods).
This course will explore the modern legal system in China and its origins. Since the reopening of law schools at the end of the Cultural Revolution in the late 1970's, the Chinese legal system has developed rapidly. The government has established a Constitution, substantive law, functioning courts and administrative tribunals, law schools, and as of this past year, a unified bar exam of lawyers and judges. The number of lawyers grew from 5500 in 1981 to 114,000 in 1997. In order to understand the nature of this swiftly-evolving legal system, we will consider its origins, key actors and institutions, and selected substantive areas of law and policy.
This course explores the fundamental concepts of federalism (allocation of power between state and federal courts); subject matter and litigant jurisdiction; the jury trial system; pleading, discover): and motion practice; final judgment rule and exceptions, including interlocutory appeal and mandamus; and res judicata and collateral estoppel. **Prior to Fall 2011, this course was offered as Civil Procedure I (LAW 101) and Civil Procedure II (LAW 102).
Analysis of the noncriminal statutes Congress has enacted to protect the civil rights of Americans. Topics covered may include the freedom of speech and the rights to dignity and equality. The course may also be offered as a comparative course wherein the civil and human rights protections of other countries are compared with that of the United States.
This seminar is a continuation of Civil Rights I, although the latter course is not a prerequisite for enrollment and stands alone. Topics covered may include the freedom of religion and rights to labor, privacy, and property. The course may also be offered as a comparative course wherein the civil and human rights protections of other countries are compared with that of the United States.
This course combines lecture and practical skills training in the context of a simulated courtroom trial. Legal rules and principles applicable to trial, as enunciated in statutory and case law, including chamber conferences, jury selection, opening statements, trial motions, witness examination, jury instructions, and final arguments are covered. Practical strategies for lawyers are also discussed. Prerequisite: Evidence (LAW 406).