This class will examine the statutes of the Street Terrorism Enforcement and Prevention Act of 1988 [STEP] (criminalizing active gang participation) from a legal and practical standpoint, as well as from the perspective of both the prosecution and the defense. This course will provide an in-depth understanding of this expansive and ever-changing area of jurisprudence in California, and an analysis of how gang-related felonies proceed through California courts. It will include study of the complicated and frequently used theories of extended criminal liability used by prosecutors including conspiracy, aiding and abetting, natural and probable consequence theory and provocative-act murder. A study of selected evidence code sections and related case law will be included to facilitate an understanding of issues, as well as, common problems of proof at every gang trial. Prerequisite(s): Criminal Law (LAW 105) and Evidence (LAW 406)
A combination lecture and practical skills based on an actual courtroom trial. Emphasizes 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. Practical strategies for lawyers are discussed. Prerequisite: Evidence (LAW 406).
This course takes up the issue of oppression through the lens of critical legal theory. Launched in the 1970s, critical legal theory and its family of offshoots (including Critical Race Theory, Feminist Legal Theory, Latina/o Crit Theory, and Queer Theory), does not merely criticize particular legal rules or outcomes, but larger structures of conventional legal thought and practice. According to critical legal scholars, dominant legal doctrines and conceptions perpetuate patterns of injustice by dominant social groups. Critical legal scholars argue that prevailing modes of legal reasoning pretend to afford neutral and objective treatment of claims while shielding structures of power from fundamental reconsideration. This course examines how powerful social groups systematically oppress social life via the law.
This international and comparative course introduces students to Cultural Property Law concepts globally. The course explores comparative policy, practice, ethics, rights and perspectives. Areas examined may include international agreements, laws, disputes and debate concerning the disposition and preservation of cultural property and heritage. Specific topics may include: cultural property and the law of war, the international cultural property debate, the illegal transfer of cultural property, archaeological looting, museum policy, historic preservation, the law of underwater cultural heritage, and indigenous cultural heritage appropriation and protection.
This course will introduce students to the regulation of high tech crimes committed through or with the aid of computers and the internet. Students will discuss the redefinition of crimes and criminal defenses in the age of the internet, legislative responses to high tech crime, and the impact of technology on such fundamental criminal law concepts of search and seizure.
This course provides a comprehensive overview of the major laws relating to individuals with disabilities. Areas of focus may include employment discrimination, access to education, access to transportation, architectural barriers, income maintenance, right to treatment and to refuse treatment, and housing and independent living. Relevant case law, statutes, and regulations protecting the legal rights of persons with physical and mental disabilities are analyzed.
This course will provide an intensive, practical introduction to electronic discovery. The discovery process has undergone a revolutionary change in the last quarter-century. Today, the vast majority of documents are created, stored and retrieved electronically, and the volume of electronically-stored information (“ESI”) has multiplied exponentially. This explosion in the volume of ESI has raised a host of legal, ethical and technological challenges for both litigators and courts, and has engendered an ever-growing body of e-discovery law. This course will examine many of the pressing legal issues that e-discovery raises, including the creation, preservation and production of ESI; the costs of e-discovery; the risk of spoliation; and the ethical and privilege issues that arise in connection with e-discovery.
This class will focus on the complex statutory and case law environment governing the right to vote and the right to speak about election issues, as well the rapidly expanding litigation over election administration. Topics covered may include the litigation arising from the 2000 presidential election culminating in the Supreme Court’s decision in Bush v. Gore; the evolution of other areas of election law litigation, including challenges to new technologies for various types of electronic voting apparatus in the wake of the Help America Vote Act; redistricting and equal representation cases; the constitutionality of campaign speech and contribution restrictions; bribery and corruption; political association cases; and issues concerning the recent renewal of the Voting Rights Act.
A survey of employment discrimination law, including substance and procedure; federal statutes prohibiting discrimination on the basis of race, national origin, gender, religion, age or physical disability; and a discussion of disparate impact, treatment theories, and the application of statistical techniques.
A study of employees' legal rights and employers' responsibilities, with primary emphasis on the nonunion workplace. The course will survey a variety of statutes and common law developments that have had a crucial impact on the employment relationship.