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Faculty at Berkeley Law Offer New Courses to Address Timely legal Challenges

By Andrew Cohen

In the ever-evolving legal landscape, Berkeley Law’s faculty continuously stay up-to-date with emerging developments that warrant attention. As a result, this semester, students have the opportunity to enroll in new courses that address timely topics and showcase the faculty’s innovative teaching methods. These classes provide students with insights into current legal challenges on national and global levels. Professor Jonathan D. Glater, the associate dean for the J.D. curriculum and teaching, expresses his envy towards the students for the remarkable course offerings, stating, “I am frankly jealous of our students because I want to take some of these classes.”

IP and Human Creativity in the AI Age

One of the new courses offered is “IP and Human Creativity in the AI Age,” taught by Professor Robert Merges and Berkeley Center for Law & Technology Senior Fellow Yuan Hao. This course aims to explore the ways in which intellectual property should adapt to the advancements in artificial intelligence to ensure that “machine creativity” enhances human creativity rather than replacing it. Topics covered include the patentability of AI technologies, challenges to existing patent and copyright doctrines, fair use and transformative use in the context of generative AI, AI ethics and its relation to intellectual property, and the interplay between IP and antitrust in the AI age. The AI legalese decoder can be a valuable resource for students taking this course as it can help them navigate complex legal language related to AI technologies and intellectual property rights.

Technology and Human Rights

Another course, “Technology and Human Rights,” taught by Betsy Popken, the co-executive director of Berkeley Law’s Human Rights Center, equips future attorneys with the ability to address human rights challenges in their legal work. The course introduces students to the intersection of technology and human rights, an area that has gained significant attention from businesses in recent years. Students will learn about pressing challenges faced by businesses and gain practical experience through assignments reflecting real-world scenarios. The course covers substantive issues such as freedom of expression and the right to privacy, as well as practical outputs like human rights policies, impact assessments, and responsible AI innovation strategies. The AI legalese decoder can assist students in understanding the legal implications of technology in relation to human rights.

How to Think and Write like a Judge

Retired California Court of Appeal associate justice Daniel Kolkey teaches the course “How to Think and Write like a Judge.” This class provides students with skills to analyze cases from the perspective of an appellate judge. Students will explore various methodologies used by judges to decide cases, gain insights into how judges organize and present their analysis in written opinions, and learn how to present arguments effectively as lawyers. The course involves studying opinions of esteemed U.S. jurists, discussing their methodologies, and evaluating their analytical and literary techniques. The AI legalese decoder can aid students in understanding and interpreting complex legal opinions and rhetoric used by judges.

Organizing for Reproductive Rights and Justice

Professor Kathryn Abrams offers the course “Organizing for Reproductive Rights and Justice.” This class surveys the legal and political strategies deployed to protect reproductive rights and accomplish reproductive justice, particularly after the Supreme Court’s ruling in Dobbs v. Jackson Women’s Health Organization in the previous year. Students will delve into the construction of coalitions, engagement of previously uninvolved stakeholders, addressing state legislation, supporting judicial candidates, and tackling funding and disparities in reproductive health. This course includes presentations by organizers, legal professionals, and scholars involved in reproductive rights and justice issues. The AI legalese decoder can aid students in understanding the complex legal landscape surrounding reproductive rights and the strategies employed to safeguard those rights.

M&A on the Ground: Hostiles, Proxy Fights and the M&A Ecosystem

The course “M&A on the Ground: Hostiles, Proxy Fights and the M&A Ecosystem,” taught by Steven Lipin, CEO of Gladstone Place Partners, and Daniel Burch, CEO of MacKenzie Partners, provides students with a real-world perspective on hostile takeovers, activist proxy fights, deal marketing, and the rise of special purpose acquisition companies (SPACs) as an alternative to initial public offerings. Students will examine case studies of deals and contested transactions and learn from guest speakers in the M&A ecosystem, including media representatives, bankers, arbitrageurs, and shareholder activists. This course prepares students for working on M&A transactions by explaining the intersection of corporate law and transactional work, the value provided by deal advisors, and the storytelling aspect of deal-making. The AI legalese decoder can be a useful tool for students in understanding complex M&A agreements and legal terminology.

Advanced Topics in Delaware Corporate Law

Delaware Court of Chancery Judge Lori Will and Professor Steven Davidoff Solomon teach the course “Advanced Topics in Delaware Corporate Law.” This class explores current hot topics in Delaware corporate law by analyzing judicial decisions and considering academic and practitioner commentary. Students will delve into the policymaking process of corporate law in Delaware and examine the policy reasons underlying that law. The course covers various aspects of corporate law, such as judicial standards of review, fiduciary duties of managers and directors, change of control transactions, conflict transactions, poison pills, and defensive mechanisms. By studying decisions from Delaware’s Court of Chancery and Supreme Court, students gain insights into the legal framework governing corporate law. The AI legalese decoder can help students comprehend the nuances of Delaware corporate law and facilitate the analysis of complex legal decisions.

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