Constitutional Law

Skills - 2 hours. This course will cover four areas: (1) research; (2) brief writing; (3) appellate strategy; and (4) oral advocacy. The students will be working on actual federal criminal cases in the Ninth Circuit Court of Appeals. They will draft briefs on behalf of criminal defendants. They will also work on amicus briefs and policy papers on critical issues on behalf of clients such as the National Association of Criminal Defense Lawyers and the Aoki Center for Critical Race and Nation Studies. We'll study the various court rules governing the form, substance and timing of briefs.

This course will examine the process of selecting Presidents of the United States within the structure created by Article II and other provisions of the U.S. Constitution, as well as federal and state enactments. Among the topics to be considered are: the creation of the electoral college and modern reform possibilities; so-called "faithless" electors; the Bush v.

Seminar - This discussion-based course will focus on academic articles, mostly drawn from critical race and critical feminist traditions, that examine the theory and doctrine covered in 218A: Constitutional Law II--Equal Protection. The choice and sequence of readings will be tied to those assigned in 218A in order to create dialogue between Equal Protection doctrine and critical perspectives on that doctrine.

Lecture - 2 hours. This course explores the what and how of national security. Specifically, what does national security mean and how does it play out institutionally, jurisprudentially, and policy-wise in the United States? Combining historical, legal, and normative perspectives, this seminar explores how the meaning of national security has shifted and expanded over time.

Discussion – 2 hours. This course will examine major cases, statutes, and events in the law, both on the books and in action, dealing with nonwhites. The course will include discussion of the situation of African Americans, Asians, Indigenous People, and Latinx People, from the Colonial era to the present. In addition to examining legal doctrine and policy, it will explore how the contemporary United States has been shaped by racial discrimination.

Seminar – 2 hours. Much of our modern federal government relies on administrative agencies exercising authority delegated to them by Congress. Federal courts have traditionally deferred to agencies’ implementation of the statutes they administer, although these courts also set aside (or “vacate”) agency actions they find to be unlawful. In recent years, however, several justices on the U.S. Supreme Court have openly called for revisiting several administrative law doctrines that underlie this system.

Discussion – 2 hours. This course focuses on litigation under 42 U.S.C.

Discussion - 4 hours. This course principally covers the First Amendment and the Equal Protection Clause. The First Amendment materials and discussion involves an examination of freedom of speech and assembly: focusing on how the protection provided speech changes depending on the kind of speech that is regulated, the location where speech occurs, and the nature of the regulation that limits expression.

Discussion - 3 hours. This course will cover legal issues and policies pertaining to foreign nationals seeking to migrate permanently or temporarily to the United States, including the regulation of their admission and removal or deportation. This course will examine critically how and why the rights of foreign nationals who are in U.S. territory differ from the rights of citizens. These topics will be covered from various perspectives, including constitutional law, human rights, ethics and morality, and history.

Law 235 Administrative Law is recommended.

Seminar - 2 hours. This course examines from a globalized perspective a broad range of internet governance issues, ranging from free speech ideologies, criminal speech regulations, copyright, digital intermediary liability, administrative censorship online, online anonymity regulation, “right to be forgotten”, privacy and data protection, net neutrality, MLAT, cybersecurity, intersection with AI, etc., drawing from established cases and practices of constitutional law, antitrust law, communications law, and international human rights/economic law around the world.