- Law 264.1. Ocean Law & Policy. Scheiber.
The global crisis in oceans resources is one of the major issues in both international law and environmental law for the 21st century. In this course, students will participate in weekly class discussion of materials relating to the history of ocean resource management and other aspects of ocean law (navigation, pollution, jurisdiction offshore, naval security, etc.), with most of the course concentrating on the UN Law of the Sea Convention and its implementation since 1982. We will analyze through study of treaties and commentaries the character and operations of various regional ocean organizations in which, under many multilateral agreements, environmental protection, fisheries and whaling, exploitation of marine genetic resources, and other issues have been addressed. One segment of the course will consider the various mechanisms and institutions of dispute settlement in ocean conflicts. Visiting speakers from practice and the international judiciary occasionally participate. Grading is based on class participation, including an oral report, and a paper.
Day/Time: TBA
- Law 270.6. Energy Regulations & the Environment. Weissman.
Energy production and use drive the world’s economies and offer hope for growth and prosperity. Yet, the extraction and use of fuels and the development of energy facilities are among the greatest threats to the global environment. This course introduces students to the legal, economic, and structural issues that both shape our energy practices and provide opportunities to overcome these critical problems. The course focuses primarily on the regulation and design of electricity systems and markets since so many energy choices–the use of oil, natural gas, coal, nuclear, the green alternatives such as solar, wind, and energy conservation or “demand side management”– relate to the way we generate or deliver electricity, or avoid the need to do so. Next to the use of petroleum for transportation, electric generation is the greatest contributor to air pollution and the greatest source of greenhouse gas emissions. In addition, as urban and suburban development spread across the land, the maintenance and expansion of the electric transmission grid provide increasingly challenging land use problems.
The course examines both the traditional monopoly model of regulation and evolving competitive alternatives. The course exposes students to energy resource planning, pollution management, rate design, green markets, energy efficiency, demand side management, renewable energy portfolios, climate change and carbon management. The course provides an introduction to administrative law and to practice issues in the field.
The course is for three units.
Day/Time: Th 3:20-6 pm
- Law 271.71. International Environmental Law. Popovic.
This course is a seminar on the role of law in the management of international environmental problems. The course will begin with a brief introduction to public international law as it relates to the environment and a discussion of what “international environmental law” means in contemporary society. Participants in the course will study a range of environmental issues, legal sources, and institutions. The course will include consideration of international environmental treaties, the role of the International Court of Justice in identifying and establishing international environmental law, international regulation of private conduct that affects the environment, trade and the environment, international financial institutions, human rights and the environment, and the relationship between domestic and international law.
Students will examine procedural concerns, such as access to information, environmental impact assessment, and public participation, as well as substantive concerns, such as the regulation of human conduct and the protection of particular environmental resources. Grades will be based on discussion and two short papers. Prior or concurrent enrollment in International Law is recommended
Day/Time: W 5:20-7:10 pm
- Law 273.71. California Environmental Issues. Frank.
Mr. Frank will moderate eight panel discussions by outside speakers on key California environmental law and policy issues. One of the sessions will focus on the law of global warming/climate control. Other topics may include environmental federalism (i.e., the respective California and federal roles in environmental regulation); the clash between environmental regulation and private property rights; the California Environmental Quality Act (CEQA); and coastal resource regulation and preservation in California. The guest speakers will include academics, practicing environmental attorneys, and non-legal experts (e.g., scientists and economists.)
This class will meet on the following days: 1/8,1/22, 2/5, 2/26, 3/5, 3/19, 4/2 and 4/16
Day/Time: M 2:20-5:30 pm
- Law 275.3. Introduction to Intellectual Property. Menell.
This course is intended both for students who are interested in a general overview of intellectual property and as a gateway to Boalt's Law and Technology program. The course begins with an analysis of the competing policies underlying the intellectual property laws. It covers patent, copyright, trademark, and trade secret law, as well as state law forms of protection. No technical background is expected or required. The textbook for the course will be Merges, Menell & Lemley, Intellectual Property in the New Technological Age (4th ed. Aspen 2006).
Day/Time: MTuW 8:45-9:50 am
- Law 275.65. International Intellectual Property. Atik.
This course will survey the international system for intellectual property. This system includes international treaties that enable the recognition of intellectual property interests across borders, such as the Berne Convention (copyright) and Paris Convention (patent and trademark), as well as the IP-specific law generated within the World Trade Organization. The course will also examine contemporary topics, such as the treatment of traditional knowledge, compulsory licenses for essential medicines, disclosure of test data, and the use of IP rights to limit parallel trade.
Day/Time: MTu 3:20-4:35 pm
- Law 276.61. Biotechnology & Chemical Patent Law. Blackburn/Boyd.
This course will examine some of the issues encountered frequently (and sometimes uniquely) in the application of patent law to the pharmaceutical and biotechnology industries. Particular attention will be given to the legal and policy issues in connection with the disclosure and scope of patents. In addition to a caselaw survey approach, pharmaceutical/biotechnology cases and issues pending in the courts and of particular concern in industry will be studied. In lieu of a final exam, students will choose 3 classes for which to prepare short (5-7 page) papers on the cases/materials addressed in those classes.
Prerequisite: Patent Law (Intro to Intellectual Property requires instructor approval)
Day/Time: Th 2:20-4:10 pm
- Law 276.1. CyberLaw. Schultz.
The emergence of global digital networks, such as the Internet, and digital technologies that enhance human abilities to access, store, manipulate, and transmit vast amounts of information has brought with it a host of new legal issues that lawyers preparing to practice in the 21st century will need to understand and address. Although many are trying to "map" existing legal concepts onto problems arising in cyberspace, it is becoming increasingly evident that this strategy sometimes doesn't work. In some cases, it is necessary to go back to first principles to understand how to accomplish the purposes of existing law in digital networked environments. The course will explore specific problems in applying law to cyberspace in areas such as intellectual property, privacy, content control, and the bounds of jurisdiction. Students with familiarity with the Internet and its resources or with backgrounds in some of the substantive fields explored in this course are especially welcome, but there are no formal prerequisites. Grades for the course will be based on a take-home exam.
Day/Time: Th 3:20-6 pm
- Law 276.2. Antitrust & IP. Miller.
This is an advanced seminar (one prior course in antitrust or intellectual property required), which will examine the legal issues arising at the intersection of antitrust and intellectual property.
The course will focus on such issues as: exclusionary practices involving intellectual property; the Microsoft antitrust cases; intellectual property as a “essential facility”; the definition of “relevant markets” involving intellectual property; antitrust issues involving intellectual property standards; antitrust pitfalls in intellectual property licensing; merger enforcement in technology markets; antitrust issues in settling intellectual property litigation; and horizontal antitrust issues involving intellectual property.
A paper (or series of short papers) will be required, which may satisfy the writing requirement.
Day/Time: F 8-9:50 am
- Law 276.4. Computer Law. Determann.
This course explores the law relating to the protection of software, databases and computers. The primary focus will be on three areas of law: intellectual property, contracts and licensing, and antitrust law. We will also cover international and commercial issues as well as current hot topics, such as Open Source Licensing and the Digital Millennium Copyright Act. Prior courses in intellectual property topics are recommended but not required; there will be no or minimal overlap with other courses. No technical background is required; a hands-on introduction to information technology will be provided as part of the course.
The course will have a final exam. Students can satisfy Writing Requirement.
Day/Time: Th 9-10:50 am
- Law 278.7. IP in the Entertainment Industries. Menell/Stern.
This course explores the role of intellectual property in the music, film, and television industries. Each industry will be discussed from a variety of perspectives, detailing the business, legal, social, and ethical issues encountered by practitioners. Lecture classes will be combined with guest speakers from several sectors of the entertainment business. Topics will also include agents, managers, the studio system, and new media. The course will emphasize the ways in which digital technology is reshaping and augmenting the traditional entertainment industries.
Prerequisite: A working knowledge of copyright and trademark law will be presumed. Thus, Introduction to Intellectual Property should be taken either prior to or concurrently with this course
Day/Time: TuW 6:20-9 pm
- Law 285.9. Samuelson Law, Technology & Public Policy Clinic Seminar. Mulligan.
The Samuelson Law, Technology and Public Policy Clinic is one of the first clinical education programs designed to involve students in advancing the public interest in the Internet and other emerging technologies. By representing institutional and individual clients in legislative, regulatory, litigation and technical standard-setting proceedings, clinic students will develop the skills necessary to effectively influence the development of law and technology in a fashion that supports important democratic values. Clinic students work on issues ranging from the protection of individual privacy, freedom of speech and association, consumer protection, and copyright. The accompanying seminar provides a forum for students to learn and discuss underlying legal principles, explore the practice and theory of public interest representation, gain an understanding of the workings of various legal and technical forums and, also, “workshop” their cases. Enrollment in the seminar is limited to participants in the Samuelson clinic.
All students must have permission of the instructor to enroll.
Day/Time: Tu 2:20-4:10 pm
- Law 295.5T. Samuelson Law, Technology & Public Policy Clinic. Mulligan.
The Samuelson Law, Technology and Public Policy Clinic is one of the first clinical education programs designed to involve students in advancing the public interest in the Internet and other emerging technologies. By representing institutional and individual clients in legislative, regulatory, litigation and technical standard-setting proceedings, clinic students will develop the skills necessary to effectively influence the development of law and technology in a fashion that supports important democratic values. Clinic students work on issues ranging from the protection of individual privacy, freedom of speech and association, consumer protection, and copyright. The accompanying seminar provides a forum for students to learn and discuss underlying legal principles, explore the practice and theory of public interest representation, gain an understanding of the workings of various legal and technical forums and, also, “workshop” their cases. Enrollment in the seminar is limited to participants in the Samuelson clinic.
All students must have permission of the instructor to enroll.
Day/Time: TBA