Course Syllabus

Law 208.9S

FUNDAMENTALS OF U.S. LAW

Summer 2013

 Instructor

William H.D. Fernholz

wfernholz@law.berkeley.edu

510-643-4447

Course Time and Location

Room 100

Monday, Wednesday and Friday, 2:00 to 4:05 (only two classes per week; see Detailed Class Plan below for exact class dates).

Instructor Office Hours

Tuesday, 2:00‐4:00 p.m.

Boalt 375 (upstairs from the registrar’s office)

(Or by appointment)

Course Objectives

Fundamentals of U.S. Law is a mandatory two-credit class that introduces foreign law students to the American legal system, its fundamental principles, and the common-law method of case analysis. Students will learn how to read cases, find and synthesize holdings, and predict outcomes based on prior case law. In Fundamentals of U.S. Law, students will focus on the principle doctrines that underpin the American legal system, including federalism, separation of powers, and individual rights. Students will study the structure of the U.S. court system, the sources of U.S. law, the lawyer's role in the system, and the culture of the law in this country.

Format of Class Sessions

This class will combine lecture and discussion formats, delivered both online and in the classroom.  Students should complete the online tasks and read each assignment closely before the session and should come prepared to ask and answer questions.

Course Requirements, Grading and Credit

Students must prepare for and attend all class sessions, unless they seek prior permission from the instructor for their absence.   Students should be ready to start class immediately at 2:00 p.m.

You may not use your computer during class for any purpose other than taking notes or retrieving information related to our class discussions (e.g., looking at your outline or notes you took on the readings). You may not surf the web or check your email or send messages or play computer games.  If you are in doubt whether a particular use is permissible, check with me.

Your grade will be calculated based on performance on the final exam, scheduled for the afternoon of July 21st.  I will consider class participation in determining the grades of students who fall on the line between two grades.  The class will culminate in a three-hour, in-class, closed-book examination.  The class awards two credits, and is graded (Pass, Honors, High Honors).  Students who perform significantly worse than expected may receive a Sub-Pass grade or fail the course.

Course Readings

The required book is Charles Abernathy, Law in the United States (Thomson West, 2006).  Additional readings will be assigned as needed and will be available on the course website.

Reading Assignments and Lecture Topics

Though I have designated readings for each day, I may alter the nature and pace of the reading assignments, because I want us to have the flexibility to move slower or faster depending on the needs of the class.  

Student Responsibilities

            Time Management

            1.         Much of the content for this course – including videos, practice questions, discussions, and some reading assignments – are on the class website. Log in and participate in online activities early and frequently.  Complete the online portion of every class before the in-person class session.

            2.         Read all required course materials thoroughly. Students are responsible for reading all content in the course.

            3.         Stay current. Students are expected to keep current with all the readings, assignments, homework, and classroom participation. Falling behind in this class makes it very difficult to catch up.

            Communication

            1.         I try to reply to all student e-mails within two business days.  If I have not replied in that time, please feel free to e-mail me again, call me, or drop by my office. 

            2.         When asked to participate online, please create high quality postings. Postings, when possible, should build on previous submissions and expand the depth of the discussion.

            3.         Create postings that are academically relevant and that adhere to the same standards of any other written work you would submit for grading. Thread your postings with relevant postings of others in the discussion. Try to ask questions, add clarifications, present comparisons, relate professional-practice insights, and show appreciation for your peers’ contributions.

            4.         Be professional when communicating. Participation in the classroom should uphold principles of collegiality and professionalism. I may delete inflammatory, offensive or otherwise inappropriate postings.

            Academic Integrity

            1.         The academic rules of Berkeley Law contain an Honor Code.  You can read that code here: http://www.law.berkeley.edu/819.htm.  I expect students to adhere to this code scrupulously.  If you have any question whether your conduct may violate the code, please contact me in writing before you act.  You may face severe consequences, including a failing grade in this class or removal from the program, if you violate the code, even if similar conduct is not considered wrong in your home country.

            2.         Properly cite the words and ideas of others. A common and serious form of misconduct is plagiarism.  You must cite the sources of any words or ideas that are not your own. Cite all sources — hard copy, Web-based, and others — in proper academic format. 

Detailed Class Plan

Note: Some class periods cover more than one subject.  You are expected to do the reading for both subjects

Separation of Powers Under The United States Constitution.

            Module I:  Judicial Power

                        Class One: Judicial Review of Legislative Acts, pp.138-158. (May 15)

                        Class Two: Judicial Control over Voting and Political Questions Doctrine,

                        pp.158-179. (May 17)

            Module II:  Executive Power

                        Class Three: Executive Power over Domestic Affairs

                                    a.  Presidential Power (Steel Seizure Case), pp. 187-199.

                                    b.  Presidential Privileges and Immunities, pp. 205-214. (May 20)

                        Class Four:  Administrative Law/Executive Lawmaking (Chevron), pp.219-239                                   (May 22)                                

                        Class Five: Executive Power over Foreign Affairs, pp. 239-254. (May 29)                      

            Module III: Legislative Power

                        Class Six: Legislative Attempts to Control Executive Power, pp. 255-274.  (May                                 31)

Federalism

            Module IV: Federal Powers:          

            Class Seven:

a) Enumerated Powers (McCullogh), pp. 290-300.

b) Powers UnderThe Commerce Clause, Historical Interpretations,

pp.  318-327 (June 5)

Class Eight: Powers Under The Commerce Clause II, Morrison and Raich on course website (June 7)

Class Nine: The Commerce Clause III and Tax and Spend Power,“Health Care Case,” National Federation of Ind. Businesses v. Sebelius on course website
(June 10)

                        Class Ten: Fed Control of State Government, pp. 327-336 (June 12)

            Module V: Limitations of State Power Over National Policy:

Class Eleven:

(a)Dormant Commerce Clause, pp.355-375

(b) Limits on State Power over Foreign Affairs, 375-383 (June 17)

International Law           

            Module VI: Foreign Relations

Class Twelve:

(a) Domestic Judicial Enforcement and Foreign Relations, pp. 383-394

(b) Treaties under U.S. Law, Medellin v. Texas on course website (June 19)

June 21: Final Examination: 2:00-5:00 p.m.