Legal Studies Course Descriptions
2011-12 General Catalog
27 Merrill College
(831) 459-2056
legalstudies@ucsc.edu
http://reg.ucsc.edu/catalog/html/programs_courses/lgstPS.html
Lower-Division Courses
10. Introduction to Legal Process. F
Introduction to U.S. and comparative legal institutions and practices. Examines diverse areas of law from torts to civil rights to international human rights. Why is America portrayed as having an activist legal culture; why is law used to decide so many questions from presidential elections to auto accidents; can law resolve disputes that, historically, have led to war and violence; is the legal system fair and/or effective, and, if so, for whom and under what conditions? (General Education Code(s): IS.) The Staff
Upper-Division Courses
105A. Ancient Political Thought. S
Ancient political ideas in context of tension between democracy and empire, emergence of the psyche, and shift from oral to written culture. Emphasis on Athens, with Hebrew, Roman, and Christian departures and interventions. Includes Sophocles, Thucydides, Socrates, Plato, Aristotle, Stoics, the Bible, and Augustine. (Also offered as Politics 105A. Students cannot receive credit for both courses.) Enrollment restricted to legal studies majors during priority period. D. Mathiowetz
105B. Early Modern Political Thought. W
Studies republican and liberal traditions of political thought and politics. Authors studied include Hobbes, Locke, and Rousseau. Examination of issues such as authorship, individuality, gender, state, and cultural difference. (Also offered as Politics 105B. Students cannot receive credit for both courses.) Enrollment restricted to legal studies majors during priority period. V. Seth
105C. Modern Political Thought. F
Studies in 19th- and early 20th-century theory, centering on the themes of capitalism, labor, alienation, culture, freedom, and morality. Authors studied include J. S. Mill, Marx, Nietzsche, Foucault, Hegel, Fanon, and Weber. (Also offered as Politics 105C. Students cannot receive credit for both courses.) Prerequisite(s): satisfaction of the Entry Level Writing and Composition requirements. M. Thomas
105D. Late 20th Century Political Thought. *
The politics of identity and recognition as the basis for institutional legitimacy and social struggles in the late 20th century. Conflicting views of Hegel's master-slave dialectic are used to relate, e.g., Sartre, Fanon, Bataille, Merleau-Ponty, Foucault, Lacan, Levinas, Derrida, Deleuze, Zizek, and Badiou to present-day concerns. (Also offered as Politics 105D. Students cannot receive credit for both courses.) Enrollment restricted to legal studies majors during priority period. R. Meister
106. Marxism as a Method. W
Examines Marx's use of his sources in political philosophy and political economy to develop a method for analyzing the variable ways in which social change is experienced as a basis for social action. Provides a similar analysis of contemporary materials. Contrasts and compares Marxian critiques of these materials and readings based on Nietzsche, psychoanalysis, cultural studies, and rational choice materialism. (Also offered as Politics 106. Students cannot receive credit for both courses.) Enrollment restricted to legal studies majors during priority enrollment only. The Staff
107. After Evil: Political Morality of Survivorship and Recovery. *
What are the continuing relationships between victims, perpetrators, and beneficiaries of a past that is recognized as evil? Focus on contrast between the competing moral logics of struggle and reconciliation, and various rationales for allowing beneficiaries to keep their gains in order to bring closure to the past. Theoretical perspectives drawn from law, philosophy, theology, and psychoanalysis. (Also offered as Politics 107. Students cannot receive credit for both courses.) Enrollment restricted to legal studies majors during priority enrollment only. R. Meister
109. Legal Theory. *
Offers systematic exploration of alternative conceptions of the nature of law, including positivism, natural law, formalism, realism, pragmatism, and theories of justice. Additional focus on the nature of law; relation of law and morality, rights and other legal concepts; and philosophical debates such as critical legal studies and critical race theory. Enrollment restricted to legal studies majors during priority enrollment only. The Staff
110. Law and Social Issues. *
Examines current problems in law as it intersects with politics and society. Readings are drawn from legal and political philosophy, social science, and judicial opinions. (Also offered as Politics 110. Students cannot receive credit for both courses.) Enrollment restricted to politics, legal studies, and Latin American and Latino studies/politics combined majors during priority enrollment only. The Staff
111A. Constitutional Law. S
An introduction to constitutional law, emphasizing equal protection and fundamental rights as defined by common law decisions interpreting the 14th Amendment, and also exploring issues of federalism and separation of powers. Readings are primarily court decisions; special attention given to teaching how to interpret, understand, and write about common law. (Formerly Problems in Constitutional Law.) (Also offered as Politics 111A. Students cannot receive credit for both courses.) Enrollment restricted to legal studies majors during priority enrollment only. The Staff
111B. Civil Liberties. *
Explores the status of American civil liberties as provided by the Bill of Rights. Particular attention will be given to issues of concern relating to the aftermath of 9/11, including issues relating to detainees, freedom of information requests, wiretapping authority, watch lists, profiling, and creation of a domestic intelligence agency. Enrollment restricted to legal studies majors during priority enrollment only. The Staff
111C. Issues in Constitutional Law. W
Examines variety of topics in constitutional law that are not covered in courses 111A and 111B. Focuses primarily on Supreme Court decisions and common-law debates. Enrollment restricted to legal studies majors during priority enrollment. R. Coonerty
113. Gay Rights and the Law. *
Examines relevant court cases as well as local, state, and federal laws that define boundaries for legal recognition of sexual orientation and personal sexuality. Explores legal assumptions behind current and historical cases defining personal sexuality and sexual orientation and considers the social and political impetus in each era that drove the courts and legislatures to make such decisions. The Staff
114. Jews, Anti-Semitism,and the American Legal System. *
Explores how Jews have influenced and been impacted by the American legal system. Students explore significant cases, debates, and trends in the law as it relates to Jewish identity, religious freedom, and conceptions of justice. Enrollment restricted to legal studies majors during priority enrollment only. The Staff
115. Law and the Holocaust. *
Examines the Nazi philosophy of law, and how it was used to pervert Germany's legal system in order to discriminate against, ostracize, dehumanize, and ultimately eliminate certain classes of human beings, and the role of international law in rectifying the damage. Enrollment restricted to legal studies majors during priority enrollment only. Enrollment restricted to legal studies majors during priority enrollment only. The Staff
116. Comparative Law. *
Explores legal systems and legal rules around the world, for a better understanding of the factors that have shaped both legal growth and legal change. Particular attention given to differences between common and civil law systems, changes brought about by the European Union, and expansion of legal norms around the globe. (Also offered as Politics 116. Students cannot receive credit for both courses.) Enrollment restricted to legal studies majors during priority enrollment only. The Staff
118. Law and Literature. *
Explores variety of texts including novels, short stories, and essays as a source for reflection about the nature of law and legal practice. Readings include such writers as Herman Melville, Harper Lee, Richard Wright, Arthur Miller, Nadine Gordimer, and James Alan McPherson, among others. (Formerly course 138.) Enrollment restricted to legal studies majors during priority period. The Staff
120A. Congress, President, and the Court in American Politics. F
Study of political development, behavior, performance, and significance of central governmental institutions of the U.S. Emphasizes the historical development of each branch and their relationship to each other, including changes in relative power and constitutional responsibilities. (Also offered as Politics 120A. Students cannot receive credit for both courses.) Prerequisite(s): satisfaction of the Entry Level Writing and Composition requirements. Satisfies American History and Institutions Requirement. D. Wirls
120B. Society and Democracy in American Political Development. W
Examines role of social forces (e.g., race, class, and gender) in development of the American democratic processes and in the changing relationship between citizen and state. Course materials address ideas, social tensions, and economic pressures bearing on social movements, interest groups, and political parties. (Also offered as Politics 120B. Students cannot receive credit for both courses.) Enrollment restricted to sophomore, junior, and senior legal studies majors during priority period. Satisfies American History and Institutions Requirement. The Staff
120C. State and Capitalism in American Political Development. S
Examines the relationship between state and economy in the U.S. from the 1880s to the present, and provides a theoretical and historical introduction to the study of politics and markets. Focus is on moments of crisis and choice in U.S. political economy, with an emphasis on the rise of regulation, the development of the welfare state, and changes in employment policies. (Also offered as Politics 120C. Students cannot receive credit for both courses.) Enrollment restricted to legal studies majors during priority period. Satisfies American History and Institutions Requirement. E. Bertram
121. Black Politics and Federal Social Policy. F
Examination of changes in the political and economic status of African Americans in the 20th century; particular focus on the role of national policies since 1933 and the significance of racism in 20th-century U.S. political development. (Also offered as Politics 121. Students cannot receive credit for both courses.) Enrollment restricted to legal studies majors during priority enrollment. (General Education Code(s): E.) M. Brown
122. The Sociology of Law. W
Explores the social forces that shape legal outcomes and the ways law, in turn, influences social life. Traces the history and political economy of American law; the relation between law and social change; how this relation is shaped by capitalism and democracy; and how class, race, and gender are expressed in welfare and regulatory law. (Also offered as Sociology 122. Students cannot receive credit for both courses.) C. Reinarman
123. Law, Crime, and Social Justice. *
Blends the latest research in criminology with that from social stratification, inequality, and social welfare policy with the objective of exploring the relationship between levels of general social justice and specific patterns of crime and punishment. The focus is primarily on the U.S. although many other industrialized democracies are compared. An introductory course in sociology is recommended as preparation. (Also offered as Sociology 123. Students cannot receive credit for both courses.) The Staff
125. History of the U.S. Penal Culture. *
Explores the history and theory of U.S. state punishment from its 17th-century beginnings to the present and notes evolving models of criminal deviance, focusing on how punishment systems legitimate particular models of criminal deviance, crime, and its "correction." Enrollment restricted to legal studies majors during priority enrollment only. The Staff
126. Law and Politics in Contemporary Japan and East Asian Societies. W
Introduction to contemporary analysis of Japan's race relations, ethnic conflicts, and a government's failure to restore remedial justice for war victims in Japan, Asia, and the U.S. Specific issues include comfort women, national or state narratives on Hiroshima, forced labor during World War II, and Haydon legislation that allows war victims to sue Japanese government and corporations in California. (Also offered as Sociology 128. Students cannot receive credit for both courses.) Enrollment limited to 30. H. Fukurai
127. Drugs in Society. S
Explores the history of the use and abuse of consciousness-altering substances like alcohol and other drugs. Social-psychological theories of addiction are reviewed in tandem with political-economic analyses to identify the social conditions under which the cultural practices involved in drug use come to be defined as public problems. An introductory sociology course is recommended prior to taking this course. (Also offered as Sociology 127. Students cannot receive credit for both courses.) C. Reinarman
128. Poverty and Public Policy. F
Studies the causes, consequences, and governmental response to urban poverty in the U.S. Topics include how public policy, the macroeconomy, race, gender, discrimination, marriage, fertility, child support, and crime affect and are affected by urban poverty. Emphasizes class discussion and research. (Also offered as Economics 128. Students cannot receive credit for both courses.) Prerequisite(s): satisfaction of Entry Level Writing and Composition requirements; ECON 100A & 113 or consent of instructor. Enrollment restricted to economics, business management economics, global economics, legal studies, or economics combined major Enrollment limited to 35. (General Education Code(s): W, E.) L. Kletzer, R. Fairlie
128I. Race and Justice. F
An introduction to comparative and historical analyses of the relations between race and criminal justice in the U.S. Emphasis on examinations of structural mechanisms that help maintain and perpetuate racial inequality in law, criminal justice, and jury trials. (Formerly Race and Criminal Justice) (Also offered as Sociology 128I. Students cannot receive credit for both courses.) Enrollment restricted to sophomores, juniors, and seniors. Enrollment limited to 120. H. Fukurai
128J. The World Jury on Trial. *
Adoption of the jury and its varied forms in different nations provides ideal opportunities to examine differences between systems of popular legal participation. Course considers reasons why the right to jury trial is currently established in Japan or Asian societies, but abandoned or severely curtailed in others. American jury contrasted with other forms of lay participation in the legal process. (Also offered as Sociology 128J. Students cannot receive credit for both courses.) Enrollment restricted to sophomores, juniors, and seniors. Enrollment limited to 30. The Staff
128M. International Law and Global Justice. S
Examines war crimes, crimes against humanity, and the evolution and role of the International Criminal Court (ICC). Examines the evolution of the concept of international law, the rationale for its birth and existence, roots of international conflicts and genocides, possible remedies available to victims, mechanisms for the creation and enforcement of international legal order, as well as the role of colonialism, migration, povery, race/ethnic conflicts, gender, and international corporations in creating and maintaining conflicts and wars. (Also offered as Sociology 128M. Students cannot receive credit for both courses.) Enrollment restricted to juniors and seniors. Enrollment limited to 30. H. Fukurai
130. Race and the Law. *
Explores the complex relationship between race and the law in American society. Included subjects are critical race theory, civil rights and voting rights law, issues of the criminal justice system, intersections with issues of class and gender, and the social construction of race through law and legal decisions. Enrollment restricted to legal studies majors during priority enrollment. The Staff
131. Wildlife, Wilderness, and the Law. *
Introduction to wildlife, wilderness, and natural resources law, policy, and management. Examines rules governing resource allocation and use including discussion of fundamental legal concepts. Explores laws and management policies affecting wildlife and wilderness, including their origins and impacts. Examines how conflicts over natural resources are being negotiated today. Enrollment restricted to sophomore, junior, and senior legal studies majors during the priority period. R. Langridge
132. California Water Law and Policy. F
Explores the rich history and fundamental legal concepts surrounding water in California. Students identify, evaluate, and debate some critical water policy questions faced by Californians today and in the future. (Also offered as Politics 132. Students cannot receive credit for both courses.) R. Langridge
133. Law of Democracy. S
Explores the role of law in both enabling and constraining the actions of elected politicians in the U.S. Among issues examined are voting rights, redistricting, and campaign finance. Course asks how the law shapes and limits our ability to choose our elected leaders, and in turn, how the law is shaped by political forces. (Also offered as Politics 133. Students cannot receive credit for both courses.) Enrollment restricted to legal studies majors during priority enrollment. R. Coonerty
135. Native Peoples Law. *
Explores the legal relationship between native peoples and the state. Examines the development of that relationship and several of the key legal issues currently confronting native peoples as they attempt to redress the injustices of the past. Enrollment restricted to legal studies majors during priority enrollment only. (General Education Code(s): E.) The Staff
136. Federal Indian Law and International Comparative Indigenous Peoples' Law. *
Indian law refers to the body of law dealing with the status of Indian tribes, their inherent powers of self-government, their special relationship to the federal government, and the actual or potential conflicts of governmental power. Primary objective will be to address tribal reassertion of aboriginal sovereignty over culture and land in the context of increasing world recognition of indigenous rights. Enrollment restricted to legal studies majors during priority period. (General Education Code(s): E.) The Staff
137. International Environmental Law and Policy. *
International environmental law (IEL) endeavors to control pollution and depletion of natural resources within a framework of sustainable development and is formally a branch of public international law—a body of law created by nation states for nation states, to govern problems between nation states. Examines landmark developments of IEL since 1972 within a historical continuum to better understand their strengths and weaknesses. Enrollment restricted to legal studies majors during priority period. The Staff
138. Political Anthropology. *
The ideas, in selected non-Western societies, about the nature of power, order, social cohesion, and the political organization of these societies. (Also offered as Anthropology 138. Students cannot receive credit for both courses.) Offered in alternate academic years. T. Pandey
139. War Crimes. *
Explores complex international human rights/humanitarian law issues surrounding genocide and other mass violence, beginning with the Nuremberg trials following World War II up to recent atrocities in Rwanda, Bosnia, and elsewhere. Covers basic legal framework of human rights law, examines specific situations on a case by case basis, and discusses what options the international community, the nations themselves, and individuals have in the wake of such catastrophes. Enrollment restricted to legal studies majors during priority period. The Staff
142. Anthropology of Law. F
An ethnographically informed consideration of law, dispute management, and social control in a range of societies including the contemporary U.S. Topics include conflict management processes, theories of justice, legal discourse, and relations among local, national, and transnational legal systems. (Also offered as Anthropology 142. Students cannot receive credit for both courses.) Enrollment restricted to anthropology and legal studies majors. D. Brenneis
144. Social and Political Philosophy. *
A study of selected classical and contemporary writings dealing with topics such as the nature and legitimacy of the liberal state, the limits of political obligation, and theories of distributive justice and rights. (Also offered as Philosophy 144. Students cannot receive credit for both courses.) Prerequisite(s): one course in philosophy. Offered in alternate academic years. D. Guevara
146. Philosophy of Law. *
Exploration of selected problems in jurisprudence: "legal reasoning" and social policy, rules and individual cases, the mental element in the law, punishment and responsibility, causation and fault, liberty and paternalism, etc. (Also offered as Philosophy 146. Students cannot receive credit for both courses.) J. Neu
147A. Psychology and Law. W
Current and future relationships between law and psychology, paying special attention to gaps between legal fictions and psychological realities in the legal system. Topics include an introduction to social science and law, the nature of legal and criminal responsibility, the relationship between the social and legal concepts of discrimination, and the nature of legal punishment. (Also offered as Psychology 147A. Students cannot receive credit for both courses.) Psychology 3 or 100 and 40 are recommended prior to taking this course. Enrollment restricted to psychology, pre-psychology, and legal studies majors. C. Haney
147B. Psychology and Law. S
Continuing discussion of current and future relationships between law and psychology and to contrasting psychological realities with legal fictions. Special attention is given to the criminal justice system including crime causation, the psychology of policing and interrogation, plea bargaining, jury selection and decision making, eyewitness identification, and the psychology of imprisonment. (Also offered as Psychology 147B. Students cannot receive credit for both courses.) Prerequisite(s): course 147A. C. Haney
149. Environmental Law and Policy. S
Surveys a wide range of topics in environmental law, including population control, state and federal jurisdiction, land and resources control, public land management, pollution control, and private rights and remedies. Students read a large number of judicial cases and other legal documents. (Also offered as Environmental Studies 149. Students cannot receive credit for both courses.) Enrollment restricted to junior and senior legal studies majors. T. Duane
150. Children and the Law. *
Explores the legal rights of children. Topics may include juvenile justice, gang offenses, free speech and Internet censorship, religious rights, child custody and support, adoption, foster care, abuse and sexual harassment, special needs, public benefits, and medical care. Enrollment restricted to legal studies majors during priority period. The Staff
151. Politics of Law. F
Uncovers the important debates in politics and law around the functions of courts, litigation, and rights--and the political nature of law itself. Course is interdisciplinary, and draws from literature in political science, law, and sociology. (Also offered as Politics 151. Students cannot receive credit for both courses.) Enrollment restricted to politics, legal studies, and Latin American and Latino studies/politics combined majors during priority period. The Staff
152. Courts and Litigation. *
A study of the role of courts in society and the uses of litigation to address and deflect social problems. Focus is on recent developments in American litigation, but comparative materials may be considered. Enrollment restricted to legal studies majors during priority period. The Staff
154. The Legal Profession. *
Lawyers stand between the legal system and those who are affected by it. Examines this relationship descriptively and normatively, and from the point of view of sociological theory. Concentrates on the U.S. profession, with some comparative material. Enrollment restricted to legal studies majors during priority period. The Staff
156. Administrative Jurisprudence. *
The rise of the regulatory state brings with it a host of questions regarding the exercise of state power and separation of powers. Takes up some of these questions; in particular, questions about administrative agencies and their relationship to the judiciary, the legislature and private individuals and groups. Enrollment restricted to legal studies majors during priority period. The Staff
157. Political Jurisprudence. *
Explores some themes in legal and political theory, especially on the relationship of theories of justice, law, and ethics. Enrollment restricted to legal studies majors during priority period. The Staff
159. Property and the Law. W
Beginning with an examination of the concept of property, the class covers how different cultures characterize property and determine "ownership" and the laws and policies that define property in modern society. Topics include theories of property law, common property, property and natural resources, zoning, regulatory takings, and property on the Internet. Enrollment restricted to legal studies majors during priority period. R. Langridge
160A. Industrial Organization. S
The structure and conduct of American industry with strong emphasis on the role of government, regulation, anti-trust, etc. The evolution of present-day industrial structure. The problems of overall concentration of industry and of monopoly power of firms. Pricing, output decisions, profits, and waste. Approaches include case study, theory, and statistics. (Also offered as Economics 160A. Students cannot receive credit for both courses.) Prerequisite(s): Economics 100A or 100M. The Staff
160B. International Law. W
Origins and development of international law: international law is examined both as a reflection of the present world order and as a basis for transformation. Topics include jurisdiction and sovereignty, treaties, the use of force, and human rights. (Formerly course 173.) (Also offered as Politics 160B. Students cannot receive credit for both courses.) Enrollment restricted to legal studies majors during priority enrollment. The Staff
169. Economic Analysis of the Law. W
The application of the theories and methods of neoclassical economics to the central institutions of the legal system, including the common law doctrines of negligence, contract, and property; bankruptcy and corporate law; and civil, criminal, and administrative procedure. (Also offered as Economics 169. Students cannot receive credit for both courses.) Prerequisite(s): Economics 100A or 100M or permission of instructor. D. Wittman
171. Law of War. *
Examines legal regulation of international violent conflict. Students examine development of normative standards within international law and creation of institutions to both adjudicate violations and regulate conduct. (Also offered as Politics 171. Students cannot receive credit for both courses.) Enrollment restricted to legal studies majors during priority enrollment only. The Staff
175. Human Rights. *
Embraces an interdisciplinary approach to the study of human rights. Captures the malleable nature of human rights and the contours of its dual role as both law and discourse. (Also offered as Politics 175. Students cannot receive credit for both courses.) Prerequisite(s): course 173 or Politics 173. Enrollment restricted to legal studies majors during priority enrollment. M. Massoud
183. Women in the Economy. *
Study of gender roles in economic life, past and present. Topics include occupational structure, human capital acquisition, income distribution, poverty, and wage differentials. The role of government in addressing economic gender differentials is examined. (Also offered as Economics 183. Students cannot receive credit for both courses.) Prerequisite(s): satisfaction of Entry Level Writing and Composition requirements; Economics 1, 2, and 100A; Economics 113 strongly recommended. (General Education Code(s): W.) L. Kletzer
193. Field Study. F,W,S
Field research performed off-campus, under the supervision of a member of the legal studies faculty. May be repeated for credit. The Staff
194. Group Tutorial. F,W,S
Provides a means for a small group of students to study a particular topic in consultation with a faculty sponsor. Students submit petition to sponsoring agency. May be repeated for credit. The Staff
195A. Senior Thesis. F,W,S
Preparation of a senior thesis over one, two, or three quarters, beginning in any quarter. When taken as a multiple-term course extending over two or three quarters, the grade and evaluation submitted for the final quarter apply to each of the previous quarters. Students submit petition to sponsoring agency. The Staff
195B. Senior Thesis. F,W,S
Preparation of a senior thesis over one, two, or three quarters, beginning in any quarter. When taken as a multiple-term course extending over two or three quarters, the grade and evaluation submitted for the final quarter apply to each of the previous quarters. Students submit petition to sponsoring agency. The Staff
195C. Senior Thesis. F,W,S
Preparation of a senior thesis over one, two, or three quarters, beginning in any quarter. When taken as a multiple-term course extending over two or three quarters, the grade and evaluation submitted for the final quarter apply to each of the previous quarters. Students submit petition to sponsoring agency. The Staff
196. Senior Capstone. W
Examines related legal topics from an interdisciplinary perspective. Each focuses broadly on the relationship between law as a distinct system and law as an attempt to achieve justice, which requires that law remain open to claims of political morality generally. To what extent are legal norms internal to a separate system called "law" and to what extent are claims of political right in general relevant to question of what law is? Prerequisite(s): satisfaction of the Entry Level Writing and Composition requirements. Enrollment restricted to senior legal studies majors. (General Education Code(s): W.) The Staff
198. Independent Field Study. F,W,S
Individual studies undertaken off-campus for which faculty supervision is not in person, but by correspondence. Students submit petition to sponsoring agency. May be repeated for credit. The Staff
198F. Independent Field Study (2 credits). F,W,S
Individual studies undertaken off-campus for which faculty supervision is not in person, but by correspondence. Students submit petition to sponsoring agency. May be repeated for credit. The Staff
199. Tutorial. F,W,S
A student normally approaches a faculty member and proposes a course 199 on a subject he or she has chosen. Students submit petition to sponsoring agency. May be repeated for credit. The Staff
199F. Tutorial (2 credits). F,W,S
A student normally approaches a faculty member and proposes a course 199 on a subject he or she has chosen. Students submit petition to sponsoring agency. May be repeated for credit. The Staff
Revised: 8/13/12
