- Law 226.4. Telecommunications. Shelanski.
This course will address several important topics in current U.S. telecommunications law and policy: regulation of the internet, broadband access, media ownership, competition among new communications technologies, mergers, and social policies to ensure access to, and distribution of, telecommunications services. The course will explore each of these topics individually but also in relationship to each other. Students will be asked to write a paper in the form of a comment on a pending regulatory or legislative proceeding related to one of the course topics. (This course does not have a final examination.)
Day/Time: M 8:25 - 11:05 am
- Law 270.6. Energy Regulation and the Environment. Staff.
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: TuTh 5:20 - 6:35 pm
- Law 270.5. Ocean Law in the Nuclear Age. Caron/Scheiber.
This course will be organized to prepare students for informed participation in an international conference February 10-11 (Friday and Saturday), 9AM- 5PM both days, on the subject of the oceans in the nuclear age. On those two days, attendance at all sessions is required of the students. The conference will feature lectures and panels involving jurists and American and foreign scholars from law, political science, and the physical sciences for interdisciplinary discussion of key topics in the subject field. Among the topics to be considered will be nuclear transport, seabed pollution and dumping, the legacy of nuclear testing in the Pacific, security issues, and risk management and ocean law. There will be one preparatory session with both professors, to discuss an assignment of general background readings, and a follow-up session to discuss the conference presentations. A short paper on one of the conference themes, due at the end of the semester, is required.
Day/Time:
- 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 271.3. Biodiversity Policy. Doremus.
Three hours of lecture per week. Prerequisite: ESPM 60, Political Science 1 or consent of instructor. Explores the goals of biodiversity conservation policy, tensions between those goals and other societal goals, the difficulty of identifying biological entities to target for conservation purposes, the range of public approaches to biodiversity conservation in the United States, and the role of private conservation efforts. Considers the roles of different levels and branches of government, experts both inside and outside of government, non-governmental organizations, the general public, and the market in biodiversity conservation. We will use case studies as well as more traditional readings to approach these issues.
Day/Time: MW 12 - 1:30 pm
- Law 273.71. California Environmental Issues. Frank.
Mr. Frank will moderate six 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. Possible other topics may include environmental federalism (i.e., the respective California and federal roles in environmental regulation, the clash between environmental regulation and privateproperty rights, 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.)
Day/Time: W 3:20 - 6:30 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 (3rd ed. Aspen 2003).
Day/Time: MTuW 8:35 - 9:50 am
- Law 275.3 sec 4. Introduction to Intellectual Property. Schwartz.
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 (3rd ed. Aspen 2003).
Day/Time: TWTh 10 - 11:05 am
- Law 275.8. Historical Perspectives on IP. Menges.
This is a paper-writing seminar course. It begins with a review of some basic and important texts and articles outlining major issues in the history of intellectual property law, drawn from Robert P. Merges and Jane Ginsburg, Foundations of Intellectual Property (Foundation Press, 2004). We start with John Locke’s “labor theory” of property, continue on to Thomas Jefferson’s formative ideas on the importance of the public domain, and consider important chapters in the history of patent, copyright and trademark law from the nineteenth and twentieth centuries. The goal of the seminar is to thoroughly engage these materials, and then apply them to an important issue of interest to the student – including issues “of the moment: digital rights management, the revolution in patentable subject matter, the expansion of trademark law. The underlying premise is that this moment of rapid flux, when technological and economic forces impact IP law incessantly, is a perfect time to revisit the field’s history and basic principles.
Day/Time: Tu 9 - 10:50 am
- 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: Tu 3:20 - 6 pm
- Law 276.65. Law, Science and Biotechnology. Ossorio.
This course will survey law, policy and ethics relating to several new and emerging biotechnologies including: stem cells, gene therapy, genetic testing, reproductive technologies and genetically modified foods. An overarching theme of the course is a comparison of the manner in which various institutions—agencies, courts, legislatures, markets—take account of risk and uncertainty relating to biotechnologies. The course is divided into five major topic areas. The first is topic is research with human subjects. We will examine the research regulation and recent litigation arising from biomedical research, and we will follow the law’s evolution in response to new technologies and to new institutional arrangements associated with large-scale bioscience. We will also identify some difficulties of litigating cases arising out of research, and discuss proposed solutions. This emphasis on research reflects the fact that the legal system has engaged with many new and emerging biotechnologies only in the research context; these technologies have not yet been incorporated into marketable products. The second major topic covered in the course is assisted reproduction. Many new genetic technologies were first applied in the reproductive medicine context. This portion of the course will focus particularly on legal and philosophical problems arising out of prenatal and preconception genetic testing. The third major topic will be the intersection of property, privacy and human biological materials such as DNA, cells, and organs. We examine privacy and property together because these concepts and areas of the law are often intertwined in people’s views about the use and disposition of human biological materials. For instance, many people believe that they should have property interests in their extracorporeal tissues because those tissues contain private, personal genetic information about them. The forth major topic is university-industry relations. Here we look at the law and policies controlling the transfer of biotechnology inventions and materials from universities and publicly-funded research laboratories to private firms. We also examine contract and conflict of interest issues arising from private funding of research in public universities. And finally, we look at the agency oversight of publicly funded research—even when human beings are not the subjects of research, there is some oversight of fraud, plagiarism and other research misconduct. The final topic of the course is agricultural biotechnology, and in particular, genetically modified food. With this topic we return to central questions about which methods and which institutions are best suited to weigh, value and distribute risk and uncertainty. You do not need a scientific background to understand the material or to excel in this course.
Day/Time: MW 1:55 - 3:10 pm
- Law 276.63. Biotechnology Patent Law Seminar. Ossorio.
Day/Time: Th 9 - 10:50 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 285.9. Samuelson Law, Technology & Public Policy Clinic Seminar. Mulligan.
Recommended: Prior or concurrent enrollment in Cyberlaw or Computer law. 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.
Please obtain the application for the clinic (available in Room 396 or the Registrar’s Office) and submit it to Jean Hayes in Room 396. All students must have permission of the instructor to enroll.
Day/Time: Tu 2:20 - 4:10 pm