Course Descriptions

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Fall 2024 Class Descriptions: Electives

Administrative Law (LWPP510)

Instructor(s): Michael Rappaport

4 credit(s), Letter Graded
Concentration(s): Children's Rights (JD), Employment and Labor Law (JD), Environmental and Energy Law (JD), Health Law (JD), Public Interest Law (JD), Environmental and Energy Law (LLMUS), Employment and Labor Law (LLMG), Environmental and Energy Law (LLMG), Environmental and Energy Law (MSLS)

This course discusses the basic rules and principles governing federal administrative agencies. Subjects covered include the procedures governing administrative agencies, judicial review of administrative action, and presidential and congressional controls over agencies. The rules governing agencies are quite different from those that govern courts. Knowledge of these rules has become increasingly important, as many practitioners are now likely to spend more time dealing with administrative agencies than litigating in court.

Note: This is a required course for the Environmental & Energy Law and Public Interest Law concentrations (JD). This course may be applied as part of the nine required credits for the Health Law Concentration (JD).
Additional Information: Environmental & Energy Law Concentration (JD), Public Interest Law Concentration (JD)

Advanced Legal Writing (LWGC505)

Instructor(s): Christopher William Turnbow

1 credit(s), H/P/L/F Graded
Requirement(s): Experiential OR Writing
Concentration(s): Civil Litigation (JD), Criminal Litigation (JD)

Advanced Legal Writing is a one-unit course specifically designed to help students strengthen their fundamental legal writing skills. The class will help students master the skills needed to be a good legal writer, including: (1) Selecting active and powerful word choices; (2) Constructing paragraphs; (3) Using proper grammar and punctuation; (4) Creating a strong micro and macro legal structure; (5) Developing thesis and conclusion sentences; (6) Issue spotting; (7) Extracting, formulating, and synthesizing rules of law; (8) Crafting explicit factual comparisons; and (9) Revising, editing, and perfecting their work product. The class requires no outside research.

Advocacy Competition Teams (LWAC500)

Instructor(s): Linda Lane

1 credit(s), P/F Graded
Requirement(s): Experiential

The Advocacy Competition Teams represent a variety of competitive advocacy experiences in which students learn techniques for effective and persuasive advocacy as they prepare to compete in tournaments against teams within our own law school and from other law schools.  Only students selected for membership in one of the Advocacy Competition Teams may register.  

LWAC 500: Advocacy Competition Team - APP (Lisa Cannon)
LWAC 501: Advocacy Competition Team - CAT (Kathryn Hoyt)
LWAC 502: Advocacy Competition Team - MOC (Frankie DiGiacco)
LWAC 503: Advocacy Competition Team - TLT (Stephen Ferruolo)
LWAC 504: Advocacy Competition Team - VIS (David Brennan)

Alternative Dispute Resolution (LWLP517)

Instructor(s): Scott Metzger

2 credit(s), H/P/L/F Graded
Concentration(s): Civil Litigation (JD), Employment and Labor Law (JD), Employment and Labor Law (LLMG)

Alternative Dispute Resolution: This course will offer students an opportunity to learn practice and procedure with respect to two increasingly prevalent alternative dispute resolution methods, arbitration and mediation. The majority of the course will focus on Federal and California state arbitration practice and procedure, including drafting arbitration agreements, enforcing them, arbitrators selection and ethics, arbitration practice itself, and enforcing and challenging arbitration awards. We will also cover mediation practice, including mediation methods, privileges and settlement enforcement procedures. The class will be graded on a HPLF scale. Grading will be based on class participation and no more than two written assignments.

Animal Law (LWGC510)

Instructor(s): Laurence Claus

3 credit(s), Letter Graded
Requirement(s): Writing

Animal Law is a study of the range of ways that law affects and protects animals. Topics to be discussed during the semester include how animals have been defined by courts and legislatures, interpretation and enforcement of federal and state animal welfare statutes, and liabilities connected with the guardianship/ownership of animals. We will also consider the ethical implications of using animals for experimentation and food. In addition to reading the materials and participating in class discussions, students will be required to write a substantial paper on an issue related to animal law.

Biotechnology Law (LWIP510)

Instructor(s): Stephen Ferruolo

2 credit(s), Letter Graded
Requirement(s): Writing
Concentration(s): Business and Corporate Law (JD), Intellectual Property (JD), LLM in Business and Corporate Law (LLMB), Business and Corporate Law (LLMUS), Intellectual Property (LLMUS), Intellectual Property Law (LLMG), Business and Corporate Law (MSLS), Intellectual Property Law (MSLS)

As one of the fastest growing industries in California (and throughout the world), biotechnology offers increasing opportunities for attorneys who can serve the broad and complex legal needs of companies developing biotech products. Developing these products, especially drugs and biologics, involves significant risks, long lead times, and typically many rounds and types of financing, including funding development through collaborations and strategic partnerships. Global intellectual property protection is also essential; biotech patents can be excessively expansive and must be pursued strategically. Biotech companies face many critical and complex regulatory hurdles to comply with a broad array of U.S. and international rules, obtain marketing approval, and satisfy governmental reimbursement and pricing requiremens. We will be reviewing these issues, risks and challenges topically, looking at case studies of notable biotech companies (including Genentech and Theranos) and inviting leading industry executives and legal practitioners to share their insights.

In addition to reading the assigned materials and participating in class discussion, each student will be required to write a substantial final paper on an approved topic related to biotechnology and the law. There will also be one or two shorter written assignments based on the readings.

 

Bus Transactions in Emerging Markets (LWBC512)

Instructor(s): Frederick Heller

2 credit(s), Letter Graded
Concentration(s): Business and Corporate Law (JD), International Law (JD), LLM in Business and Corporate Law (LLMB), Business and Corporate Law (LLMUS), International Law (LLMUS), LLM in International Law (LLMI), Business and Corporate Law (MSLS), International Law (MSLS)
Recommended Class(es): International Business Transactions

International lawyers face difficult challenges when their clients transact business in emerging markets. While local legal systems—including the courts and regulators—pose a range of distinct problems, problems also frequently arise outside of the legal systems—from the political, economic, financial and cultural dynamics of the emerging markets. Students will first explore the attributes that define emerging markets and how they differ from developed markets. Using what they learn about emerging markets, students will identify challenges that impact a business transaction in an emerging market. Students will then study illustrative real-life emerging market transactions, including legal documents, and propose ways to meet emerging market challenges through provisions in legal documents and other means. The goal of the course is to provide students with the tools to assist clients in emerging market business transactions.

California Criminal Litigation Skills (LWCR505)

Instructor(s): Jean Ramirez

2 credit(s), Letter Graded
Requirement(s): Experiential
Concentration(s): Criminal Litigation (JD), Criminal Law (LLMUS), Criminal Law (LLMG)
Prerequisite(s): Criminal Law, Legal Writing & Research

If you are considering a career as a prosecutor or criminal defense attorney, or plan to intern at a prosecution or criminal defense agency, this is the course for you. This course focuses on the knowledge and skills required to litigate criminal cases in the California trial courts. The class tracks a criminal case from arrest through sentencing, but not trial, providing students with an overview of the process. Students draft practice-related documents, participate in courtroom simulations, learn fact management and development, and participate in discussions on relevant topics.

Note:

This is not an exam course.

California Reg Law & Public Interest I (formerly Public Interest & Practice (LWPP570)

Instructor(s): Robert Fellmeth, Marcus Friedman

3 credit(s), Letter Graded
Concentration(s): Children's Rights (JD), Environmental and Energy Law (JD), Health Law (JD), Public Interest Law (JD), Environmental and Energy Law (LLMUS), Environmental and Energy Law (LLMG), Environmental and Energy Law (MSLS)

California Regulatory Law and the Public Interest I (formerly known as Public Interest Law and
Practice) is a Fall semester practicum course in which students learn the substantive law governing the
operation and decision making of California regulatory agencies, including constitutional and
administrative law principles commonly a part of the Bar Exam. State regulatory agencies are a crucial
area of legal practice as they control environmental requirements and land use, education, utilities, and
almost all trades and professions (e.g. contractors, doctors, accountants, veterinarians, and attorneys).
Public interest lawyers represent interests that are diffuse, unorganized, and generally
underrepresented – such as consumers, the environment, children, and the future. This class focuses on
the basics of regulations, agency requirements on rulemaking and adjudication proceedings under the
Administrative Procedure Act, the legislative process, constitutional limits on agencies, and excessive or
inadequate regulations. Students are assigned California agencies to monitor outside of the classroom
and provide an update to be published in the California Regulatory Law Reporter. Students will also
provide agency updates throughout the semester via blog and social media posts. Students are
encouraged to take Part II of the course in the Spring semester to continue agency monitoring and
develop further California regulatory law and the public interest knowledge.

Note:

This is a required course for the Public Interest Law Concentration (JD). There are limitations on JD concentration eligibility. Please check the JD concentrations web page for more details about applicability to other concentrations.


Additional Information: Public Interest Concentration

Child Rights & Remedies (LWFC520)

Instructor(s): Jessica Heldman

3 credit(s), Letter Graded
Concentration(s): Children's Rights (JD)

This is a broad course covering the basic substantive and procedural law relevant to advocacy on behalf of children. The course is taught with a combination of lecture and Socratic dialogue. It surveys the following subject areas: the rights of children, criminal prosecution of children, child abuse and protection, child tort recovery, child rights to property and support, child-related political rights and liberties, and child entitlements (including public welfare, health, nutrition, care, education, and special populations). The course includes discussion of the alternative methods of child advocacy, class action practice, writs of mandamus, administrative practice, and local government advocacy.

Note: This is a required course for the Children's Rights Concentration (JD).

Climate Change Law & Policy (LWEV503)

Instructor(s): Nilmini Silva-Send

3 credit(s), Letter Graded
Requirement(s): Writing
Concentration(s): Environmental and Energy Law (JD), Environmental and Energy Law (LLMUS), Environmental and Energy Law (LLMG), Environmental and Energy Law (MSLS)

This course explores the most significant law and policy issues related to climate change. In the first part of the course, students will gain familiarity with the science of climate change as well as climate change law at the international and national levels. The second part of the course focuses on climate change litigation, with close study of the various legal theories used by litigants attempting to force the government to take stronger regulatory action. The third part of the course concentrates on initiatives at the state and regional level with an emphasis on California climate change policy.

Note: Either this course or Energy Law & Policy must be taken as a required course for the Environmental & Energy Law Concentration (JD).

Community Property (LWFC554)

Instructor(s): Michael Kelly

3 credit(s), Letter Graded

This course covers the California community property law, the system for ownership and management of marital property by spouses. California law is the focus of the course, but the materials include comparison of the community property systems of other US states for parallel issues. The approach in the course is to examine both the policy and concepts of the community property system and the detailed rules and legislation applicable in California.

Consolidated Group Tax (LWTE534)

Instructor(s): Beth Wapner

2 credit(s), Letter Graded
Concentration(s): Taxation (LLMUS), LLM in Taxation (LLMT), Taxation (MSLS)
Prerequisite(s): Tax I
Recommended Class(es): Corporate Tax

This two-credit course will cover basic tax consolidated return principles such as eligibility to file
consolidated returns and administrative requirements; intercompany transactions; investment
adjustments; acquisitions and dispositions of group members and losses. Advanced topics may
include use of disregarded entities in the group and other limitations.

Constitutional Law II (LWPP525)

Instructor(s): Maimon Schwarzschild

3 credit(s), Letter Graded
Prerequisite(s): Constitutional Law I

This courses covers the Fourteenth Amendment's equal protection and due process clauses. Specific topics include race discrimination (including school desegregation and affirmative action), gender discrimination, discrimination against gays and lesbians, voting rights, privacy (including abortion, sexual freedom, and the right to die), and property. A final exam is required.

Constitutional Separation of Powers (LWPP576)

Instructor(s): Kenneth Lee

2 credit(s), Letter Graded
Requirement(s): Writing

Americans rightfully view the Bill of Rights as the crown jewel of our Constitution. But less appreciated is how the structure of our Constitution also safeguards our rights.  This course will examine how separation-of-powers, bicameralism, and federalism limit government overreach, encourage deliberate lawmaking, and ensure individual liberty. The topics will range from James Madison’s pathbreaking conception of separation-of-powers to the President’s appointment power to Congressional investigations. The class will also incorporate current events and modern developments in discussing these timeless principles. The final grade for the course will be based on a paper eligible for written work credit.  This class is the equivalent to Separation of Powers: Securing Liberty that was taught in fall 2020.

Contract Drafting (LWGC563)

Instructor(s): Monica Sullivan, Staff

2 credit(s), Letter Graded
Requirement(s): Experiential OR Writing
Concentration(s): Business and Corporate Law (JD), LLM in Business and Corporate Law (LLMB), Business and Corporate Law (LLMUS), Business and Corporate Law (MSLS)

ransactional drafting is crucial to the legal profession. It refers to the process of creating documents to formalize agreements between parties. This course trains students to be able to use the process comfortably. You will learn to structure agreements, and express them in clear and concise language that will benefit clients and maximize the likelihood of favorable interpretation. The course emphasizes both cooperative and individual drafting work. Each week in class, you will focus on selected components of the drafting process, and prepare a document or exercise requiring you to practice what you learn. You will receive immediate feedback on that days drafting activity, and written comments on individual weekly homework assignments. Visits by attorneys who draft contracts in their practice will provide a view of how the legal profession depends on this skill. This class will use various types of contracts that touch on various areas of substantive law: contracts for the sale of goods, business or property (contract law, commercial transactions); residential and commercial leases (landlord-tenant and real estate law); settlement agreements (torts); employment, non-disclosure and non-compete agreements (employment law); retainer agreements (legal ethics); intellectual property rights (intellectual property); corporate acquisitions (corporations, securities law); entertainment contracts (entertainment law); vendor contracts (sports law). Grades are based on the scores on individual weekly assignments.

Note: This course may fulfill either the Experiential OR Upper Division Writing requirement. Students will be asked in class at the beginning of the semester to elect which requirement they would like this course to fulfill. The student's election is final.

Contract Drafting GRAD (LWGC563)

Instructor(s): Leslie Morsek

2 credit(s), Letter Graded
Requirement(s): Writing
Concentration(s): LLM in Business and Corporate Law (LLMB), Business and Corporate Law (LLMUS), Business and Corporate Law (MSLS)

Transactional drafting is a skill used in most areas of law. It refers to the process of composing documents to formalize agreements and settlements between parties. This course will train students to be comfortable with the drafting process, which includes expressing agreements and settlements in language that will benefit clients, and composing documents that contain this language in a form that will maximize favorable interpretation in court. The course emphasizes both cooperative and individual drafting work. Each week in class, students will learn about selected components of the process, draft a document or exercise requiring the use of that component, and receive feedback on that day's drafting activity. Students will have weekly individual homework assignments that reinforce that week's skill. Grades will be based on individual weekly written homework assignments and an end-of-semester individual drafting project, and are subject to the upper class curve requirements.

Corporate Innovation & Legal Policy (LWIP528)

Instructor(s): Orly Lobel

3 credit(s), Letter Graded
Requirement(s): Writing
Concentration(s): Intellectual Property (JD), LLM in Business and Corporate Law (LLMB), Intellectual Property (LLMUS), Intellectual Property Law (LLMG), Intellectual Property Law (MSLS)

What are the optimal policy ingredients and business strategies for managing innovation? How can business leaders, inventors, lawyers, and policymakers benefit from the connections between corporate success, intellectual property, and human capital? The course will introduce foundations of intellectual property law and employment and organizational practices. We will examine corporate policies and disputes over the control of ideas, secrets, skill and intellectual property. In particular, we will analyze non-compete contracts, trade secrets and non-disclosures, information privacy, economic espionage, employee duties of loyalty, including prohibitions on customer and co-worker solicitation and raiding for competitive endeavors; and employer ownership over inventions and artistic work, including pre-invention patent assignment agreements and work-for-hire disputes. In the past few years, the black box of innovation has been pierced with a plethora of new interdisciplinary research and practice. At the same time, industry and policymakers in the United States, like other countries around the world, are debating the benefits of existing EIP laws. In the course, we will bring together these various developments to identify how companies can sustain their innovative capacities, commercialize science, and manage creativity, and to assess how differences in regulatory and contractual arrangements in the employment relationship can impact key aspects of innovation, such as the rate of patent filings, the level of network participation in intellectual and creative endeavors, individual motivation to innovate, organizational behavior, and talent mobility.

Corporate Tax (LWTE560)

Instructor(s): David Bowen

3 credit(s), Letter Graded
Concentration(s): Business and Corporate Law (JD), LLM in Business and Corporate Law (LLMB), Business and Corporate Law (LLMUS), Taxation (LLMUS), LLM in Taxation (LLMT), Business and Corporate Law (MSLS), Taxation (MSLS)
Prerequisite(s): Tax I

The course involves a study of the basic concepts of federal income taxation of C corporations and their shareholders, including organization of corporations; cash and stock dividends; redemptions of stock; partial and complete liquidations; sales of corporate businesses and reorganizations. Taxation of corporations is compared with taxation of partnerships, limited liability companies and S corporations. The emphasis is on careful analysis of Code provisions, Treasury Regulations, other administrative materials and important judicial decisions in relation to problems that are frequently assigned in advance of class discussion.

Note: This is a required course for the Business and Corporate Law Concentration (JD).

Corporations (LWBC545)

Instructor(s): Mark Lee, Caley Petrucci

4 credit(s), Letter Graded
Concentration(s): Business and Corporate Law (JD), Employment and Labor Law (JD), LLM in Business and Corporate Law (LLMB), Business and Corporate Law (LLMUS), Employment and Labor Law (LLMG), Business and Corporate Law (MSLS)

This course examines the structure and the rights and obligations of directors, officers, and shareholders mainly under state corporations law. Other topics include partnerships and limited liability entities. The course covers, among other subjects, the characteristics of the corporation as distinct from other forms of business association, the special problems of the closely-held corporations (a corporation owned by a few persons), the fiduciary obligations of directors and controlling shareholders in closely-held and public corporations, procedures for decision making by directors and shareholders, shareholder voting rights, and certain federal securities law subjects, such as insider trading.

Note: This is a required course for the Business and Corporate Law Concentration (JD) and for the LLM in Business & Corporate Law.

Corrections & Sentencing (LWCR510)

Instructor(s): Alex Landon

3 credit(s), Letter Graded
Requirement(s): Writing
Concentration(s): Criminal Litigation (JD), Criminal Law (LLMUS), Criminal Law (LLMG), Criminal Law (MSLS)

Covers objectives of sentencing, plea and sentence bargaining, sentencing advocacy, sentencing alternatives, prisoner conditions, prisoners' rights, jail and prison litigation, probation and parole revocation, and extraordinary writs relating to corrections. A research paper will be required.Successful completion of the paper will fulfill the law schools written work requirement.

Criminal Procedure I (LWCR520)

Instructor(s): Justin Brooks, Donald Dripps

3 credit(s), Letter Graded
Concentration(s): Criminal Litigation (JD), Criminal Law (LLMUS), Criminal Law (LLMG), Criminal Law (MSLS)
Prerequisite(s): Criminal Law

This course is limited to pre-trial matters, as effected by the fourth, fifth, and sixth amendments. Coverage will include arrest, search and seizure, wiretap, lineups, interrogation, and the exclusionary rules.

Note: This is a required course for the Criminal Litigation Concentration (JD).

Death Penalty (LWCR530)

Instructor(s): John Cotsirilos

2 credit(s), Letter Graded
Concentration(s): Criminal Litigation (JD), Criminal Law (LLMUS), Criminal Law (LLMG), Criminal Law (MSLS)

This course will involve a written exam at the end of the semester focused to evaluating the student's understanding of case law history and practical application of the California statutory scheme. The course will address the following legal issues: 1) History of the Death Penalty; 2) Present legal parameters for trial of a death penalty case; 3) The law and procedure relating to post-conviction death penalty litigation; 4) Systemic issues such as prosecutorial discretion and budgeting concerns; 5) Policy and ethical dilemmas concerning the Death Penalty, i.e., volunteers, race discrimination, and arbitrariness.

Education Law Externship I & II (LWVL549)

Instructor(s): Margaret Dalton

2-4 credit(s), P/F Graded
Requirement(s): Experiential
Concentration(s): Children's Rights (JD), Public Interest Law (JD)

The Education Law Externship Program provides students the opportunity to gain
valuable practice experience with an education law firm or a non-profit project focusing
on education issues. In most cases, students have already identified a position and
accepted it, but that is not required for Education Law Externship I. Students may enroll
in Education Law Externship I and II for 1 - 6 units of credit and must work during the
academic session for a minimum of 50 hours per credit (100 hours for 2 credits, 150
hours for 3 credits, 200 hours for 4 credits, 250 hours for 5 credits, and 300 hours for 6
credits). For purposes of the Education Law Externship, the academic session is from
the official start of classes to the last day of final exams. Any externship work outside
this time period may be counted towards pro bono hours, but not academic credit.

Academic requirements include a mandatory orientation, student submission of hours
worked on a bi-weekly or monthly basis; a 750-word reflective paper at the end of the
semester; an externship work product for professor review, assuming confidentiality is
not an issue; and on-site supervisor evaluation showing satisfactory completion of work
experience. The externship is graded on a Pass-Fail basis.

If you have accepted a field placement, meet the eligibility requirements, agree to meet
the course obligations above and want to register for the Education Law Externship
course, fill out the application below (see link). After you submit the form, the faculty
supervisor will review it and send you an email with additional information. If you do not
have a placement or have any placement questions, please contact Vice Dean
Margaret Dalton at mdalton@sandiego.edu.


Additional Information: Education Law Externship Application Form

Employment Law (LWPP537)

Instructor(s): Orly Lobel

4 credit(s), Letter Graded
Concentration(s): Employment and Labor Law (JD), Public Interest Law (JD), Employment and Labor Law (LLMG)

This course offers students an overview of the important legal issues that are raised in the context of the employment relationship. We will discuss employment as a contractual agreement, including tort and statutory protections, such as wrongful discharge, wage and hour laws (FLSA), leave (e.g., FMLA), safety (OSHA and workers comp), unemployment insurance, discrimination (Title VII; ADA; ADEA), privacy and freedom of speech, and intellectual property issues such as R&D ownership, trade secrets and non-competition clauses. Throughout the course, student will be able to deepen their study of contract law, torts, and statutory and regulatory processes through the context of the law of the workplace.

Note: This is a required course for the Employment and Labor Law Concentration (JD).

Energy Law & Policy (LWPP540)

Instructor(s): Carrie Downey

3 credit(s), Letter Graded
Concentration(s): Environmental and Energy Law (JD), Environmental and Energy Law (LLMUS), Environmental and Energy Law (LLMG), Environmental and Energy Law (MSLS)

In today's internet driven world, virtually every device, person, entity, and country requires some form of energy to survive. How, where, and who produces, sells, delivers, regulates, or taxes the energy you use is based on a mix of state, national and international laws, regulations, policies, and even treaties that practitioners must help their clients navigate while addressing various environmental, economic, and engineering challenges. Energy Law & Policy introduces students to the legal, regulatory, and environmental concepts relevant to the U.S. electricity and natural gas markets. The course will examine the connection between energy and climate change and the range of market-based solutions considered at the state, regional, and federal levels in the U.S. Our classes are like lunch meetings they are highly interactive sessions held in a conference room, meeting-style setting designed to encourage an open discussion of substantive energy, environmental, and climate policy and practice related issues among classmates, guest lecturers, and professors. Students also will gain hands-on experience drafting a short pleading for submission to a regulatory agency, a client memo, and making a substantive group presentation.

Either this course or Climate Change Law & Policy must be taken as a required course for the Environmental & Energy Law Concentration (JD).

Note:

All students should have completed or should be enrolled concurrently in a course on legal research and writing (or its equivalent) before/while taking this course. Alternatively, an MSLS or international exchange student may register for the course if the professor(s) receives and approves the student's writing sample.

Estate Planning Seminar (LWGC519)

Instructor(s): Adam Hirsch

3 credit(s), Letter Graded
Requirement(s): Writing
Corequisite(s): Trusts & Estates

The course covers topics in estate planning, including substantive planning strategies for beneficiaries with special needs, strategies for avoiding will contests, and basic tax planning. Students undertake will criticism exercises and are required to produce two drafts of a substantial research paper on a topic in the area of inheritance law, trust law, transfer taxation, or estate planning. Each student will present the first draft to the class for a substantive discussion and constructive analysis. The final draft is due at the end of the semester. Successful completion of this course satisfies the written-work requirement.

Evidence (LWLP529)

Instructor(s): Michael Devitt, Jean Ramirez

4 credit(s), Letter Graded
Concentration(s): Civil Litigation (JD), Criminal Litigation (JD), Criminal Law (LLMUS), Criminal Law (LLMG), Criminal Law (MSLS)

The rules of evidence in judicial tribunals, focusing on the Federal Rules of Evidence and the California Evidence Code are addressed in this course. Also covered are issues relating to: (1) judicial control and administration - functions of judge and jury, judicial notice, burden of proof presumptions, problems of relevancy, circumstantial evidence, and unfair prejudice; and (2) witnesses - competency, privileges, principles of examination and cross-examination, impeachment and support, expert and lay opinion testimony. The hearsay rule and its exceptions, rules relating to writings, real and scientific evidence are also examined.

Note: This is a required course for the Civil Litigation (JD) and Criminal Litigation (JD) concentrations.

Family Law Seminar (LWFC543)

Instructor(s): Michael Kelly

3 credit(s)
Concentration(s): Public Interest Law (JD)

This Seminar will focus on student papers prepared by students and presented to the class.  The course will begin with some basic material on Family Law and Community Property in preparation for student presentations, allowing students to take the Seminar even if they have not yet taken either course. Students should quickly identify their paper topic and prepare a draft suitable for the class by middle of the semester.  Students may pursue any topic of interest to them that falls within the scope of the seminar, including (but not limited to) any aspect of:  Community Property; Marital (or Non-Marital) Dissolution, Disputes, or Formation; Child Custody, Visitation, or Support; and proposed improvements to the law governing any of these topics.

Federal Estate & Gift Taxation (LWTE530)

Instructor(s): Miranda Perry Fleischer

3 credit(s), Letter Graded
Concentration(s): Taxation (LLMUS), LLM in Taxation (LLMT), Taxation (MSLS)

This survey course provides an introduction to the federal estate, gift, and generation-skipping transfer taxes, with attention to the treatment of various types of inter vivos and testamentary dispositions. Students who enroll in this course should already have taken Tax I (Federal Income Taxation).Trusts & Estates is recommended but not required.

Federal Tax Procedure (LWTE535)

Instructor(s): Ronson Shamoun

2 credit(s), Letter Graded
Concentration(s): Taxation (LLMUS), LLM in Taxation (LLMT), Taxation (MSLS)

In our Federal Tax Procedure class, we will review IRS tax audits, appeals, assessments, penalties, collections, and the many practical and ethical issues that arise when representing taxpayers in civil tax controversies.

Finance & Accounting for Lawyers (LWBC555)

Instructor(s): Brian Brinig

2 credit(s), Letter Graded
Concentration(s): Business and Corporate Law (JD), LLM in Business and Corporate Law (LLMB), Business and Corporate Law (LLMUS), Taxation (LLMUS), LLM in Taxation (LLMT), Business and Corporate Law (MSLS), Taxation (MSLS)

Much of the practice of law relates to financial issues. This two-credit course deals with understanding and analyzing financial statements, basic business valuation techniques and their importance in litigation matters, economic damages calculations (both personal injury and business damages), and concepts of present value. Understanding these financial concepts is critical to lawyers who encounter them daily in their practices. The course is designed for the student who does not have a sophisticated background in accounting or finance.

Fundamentals of Bar Exam Writing (LWGC520)

Instructor(s): Allison Simkin

2 credit(s), H/P/L/F Graded

It is geared to basic bar writing skills and covers the fundamentals of bar exam essay writing and performance test writing. The first class is an introduction to bar exam components and topics. The next several classes focus on the details of essay exam writing and performance test drafting. Students practice under timed conditions most weeks and receive specific feedback on their written work. The course includes self and peer review, as well as professor-student conferencing as needed. Grading is on the H/P/LP/F scale. Students may be withdrawn from the course and/or given a failing grade for missing more than one class, failing to turn in any written assignments on time, or failing to complete any practice examination.

Health Law & Bioethics (LWGC534)

Instructor(s): Dov Fox

3 credit(s), Letter Graded
Requirement(s): Writing
Concentration(s): Health Law (JD)

This paper-writing class will explore a range of questions for medical ethics and the legal system: from public health and patient autonomy to medical conscience and experimental treatments. Students will obtain and apply knowledge of the course subject through legal analysis and research, as well as written and oral communication. No background in science or medicine is necessary.

Note: This course may be applied as part of the nine required credits for the Health Law Concentration (JD).
Additional Information: Health Law Concentration

Health Law & Policy (LWGC523)

Instructor(s): Staff

3 credit(s), Letter Graded

Health Law and Policy is a 3-unit course designed to introduce students to basic principles of health care law. The class will discuss legal principles surrounding the professional-patient relationship; informed consent; liability of health care professionals; liability of health care institutions; quality control regulation of physicians and health care institutions; access to health care; the privacy rights of patients and the ability of government to regulate patient health care choices. The goals of the course are for students to understand the role of the legal system in health policy and health care delivery; the application of basic tort, contract and corporate law principles in the health care environment; and to gain a practical understanding of the interaction between the health system and the legal system. The course will be taught in a lecture-seminar approach. Outside speakers from major health institutions will participate. Course materials will be based on the text Health Law - Cases, Materials and Problems, Seventh Edition, Barry R. Furrow. The grade will be based on a research paper suitable for the USD Law written work requirement, your attendance, and class participation.

Note: This is a required course for the Health Law Concentration (JD).
Additional Information: Health Law Concentration

Housing Rights Clinic I & II (LWVL500)

Instructor(s): Alysson Snow

1-4 credit(s), H/P/L/F Graded
Requirement(s): Experiential
Concentration(s): Public Interest Law (JD)

The Housing Rights Clinic provides students with opportunities to represent clients facing housing instability, including homelessness, eviction, foreclosure, and threats to housing like uninhabitability and harassment.  Students will get hands-on experience interviewing clients, drafting pleadings, propounding and responding to discovery, motion practice, negotiation, and trial experience.  Students will also have the opportunity to conduct outreach and education and help tenants organize and pursue their housing rights.  The class will meet once a week as a group to learn about housing law and advocacy and to discuss case management and strategize on negotiation, litigation, and trial.  The class meets a second time each week during set office hours to receive one-on-one training from the professor and litigation team on their caseload. 

Note:

Housing Rights Clinic II is LWVL 528.

In-House Corporate Counseling (LWBC567)

Instructor(s): Saerin Cho

3 credit(s), Letter Graded
Concentration(s): Business and Corporate Law (JD), Employment and Labor Law (JD), LLM in Business and Corporate Law (LLMB), Business and Corporate Law (LLMUS)
Recommended Class(es): Corporations

Taught by Saerin Cho, this course offers a comprehensive exposure to the dynamic and multifaceted role played by in-house attorneys as they represent for-profit business entities, non-profit organizations, and government agencies at the federal, state, and local levels.  Throughout the course, the students will build skills and confidence necessary to be a successful in-house counsel.  Course topics include demystifying the role of in-house counsel, corporate governance, contracts, labor and employment law, data protection and privacy law, legal operations, working with outside counsel, serving as a strategic business partner with a law degree, and performing the duties of an in-house counsel with confidence, effectiveness, and compassion necessary in this increasingly remote and globally connected world.  Students will learn from a practicing general counsel of a global organization and also hear from guest speakers who work in-house at entities in San Diego and across the globe.

Intellectual Property Survey (LWIP550)

Instructor(s): Staff

4 credit(s), Letter Graded
Concentration(s): Intellectual Property (JD), Intellectual Property (LLMUS), Intellectual Property Law (LLMG), Intellectual Property Law (MSLS)

This course provides a broad overview of intellectual property law. After discussing the policies underlying the protection of intellectual property rights, we will cover trade secret, patent, copyright, and trademark law, and related doctrines such as the right of publicity. These topics will be examined with a focus on new technologies, but a science or technical background is not required. This course provides a foundation for advanced intellectual property courses and is also appropriate for students who seek only a general understanding of intellectual property law.

International Asia-Pacific Commercial Arbitration (LWIC531)

Instructor(s): David Brennan

2 credit(s), Letter Graded
Concentration(s): Business and Corporate Law (JD), Civil Litigation (JD), International Law (JD), LLM in Business and Corporate Law (LLMB), Business and Corporate Law (LLMUS), International Law (LLMUS), LLM in International Law (LLMI), Business and Corporate Law (MSLS), International Law (MSLS)

This course is the study of international commercial arbitration that emphasizes the Asia/Pacific regions practices and arbitral regimes. The study will use The Convention on the International Sale of Good (CISG) to study all facets of sales and trade in goods from contract formation, terms, obligations, performance, breaches, excuses and remedies. The study of arbitration clauses and the practices of the arbitral institutions in the Asia-Pacific region is a focus. The steps from initiating arbitration, appointing arbitrators, composition of arbitral tribunals, procedures including written and oral submissions and the scope and limits on evidence are all considered. The course will address the UNCITRAL Model Law for arbitration and compare it to Asia-Pacific arbitral systems including CIETAC, HKIAC, and CEAC. The substance, procedural and conflicts of law situations will be addressed. The course objective is to develop the capacity to be able to engage in arbitration processes in the Asia-Pacific Region for international commercial sales and trade disputes. The classes, materials and certain model problems will facilitate that objective. The class also builds the very different research approaches and skills required to determine issues under The CISG, including those from recognized international principles, writings of scholars, rules and guidelines together with principles from arbitral decisions. The course will be required for incoming 2L VICAM candidates and is also open to all other eligible students. The only prerequisite for this course is for JD students who should have completed all of the required first-year courses and be in their second year. The course will be letter-graded based on a final examination to be held in October.

Note:

THis is a short course.

International Business Transactions (LWIC533)

Instructor(s): Michael Ramsey

3 credit(s), Letter Graded
Concentration(s): Business and Corporate Law (JD), International Law (JD), LLM in Business and Corporate Law (LLMB), Business and Corporate Law (LLMUS), International Law (LLMUS), LLM in International Law (LLMI), Business and Corporate Law (MSLS), International Law (MSLS)

This is an introductory course on international business law. The course book employed is problem-oriented, focusing student attention on practical problem solving. The course coverage is global, and may include problems related to international sales transactions, letters of credit, customs, import and export trade law, technology transfers across borders, foreign investment law, and international business dispute settlement. Grading is by final exam.

International Contracts (LWIC537)

Instructor(s): Herbert Lazerow

3 credit(s), Letter Graded
Concentration(s): Business and Corporate Law (JD), International Law (JD), LLM in Business and Corporate Law (LLMB), Business and Corporate Law (LLMUS), International Law (LLMUS), LLM in International Law (LLMI), Business and Corporate Law (MSLS), International Law (MSLS)

Legal aspects of contracts for the international sale of goods under the UN Convention. Topics include the applicability of the convention and its most important substantive provisions including contract formation, choice of forum, choice of law, warranties, risk of loss, excuse and dispute resolution.

International Energy Law (LWIC542)

Instructor(s): Nilmini Silva-Send

3 credit(s), Letter Graded
Requirement(s): Writing
Concentration(s): Environmental and Energy Law (JD), International Law (JD), Environmental and Energy Law (LLMUS), International Law (LLMUS), Environmental and Energy Law (LLMG), LLM in International Law (LLMI), Environmental and Energy Law (MSLS), International Law (MSLS)

This course introduces students to international law as applied to energy investment, international trade and the impacts that the climate change regime might be having on both of these areas. Following review of historical energy investment treaties, we will examine current legal relationships between major energy-supplying nations (e.g., Saudi Arabia, Russia, USA), national oil and gas companies (e.g., Aramco, Gazprom, Equinor) and multinational companies (e.g., BP, Exxon). 

Publicly available international energy investment arbitration case law provides us with a chance to examine international law principles such as the most-favored nation treatment principle used by companies as defenses against government takings of energy company assets. Governments in turn have limited defenses to justify these takings although the public interest is one, yet to be used successfully. Such arguments provide us with a fruitful basis to help understand how climate change law might affect traditional oil and gas investment treaties and contracts. In addition, as the world moves towards a low-carbon economy, countries adopt domestic low-carbon-promoting policies, and we will use current World Trade Organization (WTO) case law to examine how domestic energy policies impact international trade law. 

International Negotiation (LWIC548)

Instructor(s): Herbert Lazerow

3 credit(s), H/P/L/F Graded
Requirement(s): Experiential
Concentration(s): Civil Litigation (JD), International Law (JD), International Law (LLMUS), LLM in International Law (LLMI), International Law (MSLS)

The course will include specific materials and skill-building exercises on cross-cultural aspects of the bargaining process. Participants will include lawyers from other nations who are enrolled in USD's LLMC program, and upper class American JD students. Four-tier Pass/Fail grading.

Note: Students may only elect this course, Alternative Dispute Resolution or Negotiation to count towards the Civil Litigation Concentration (JD).
Additional Information: Civil Litigation Concentration

International Redress (LWIC553)

Instructor(s): Roy L. Brooks

3 credit(s), Letter Graded
Requirement(s): Writing
Concentration(s): International Law (JD), International Law (LLMUS), International Law (MSLS)

Introduced into the law school curriculum in 1999, this seminar is based on the classic study of atrocities, When Sorry Isn’t Enough: The Controversy Over Apologies and Reparations for Human Injustice (1999), written and updated by Professor Brooks. Today, the subject matter of this seminar is taught in various forms (e.g., small or large classes as well as seminars) under various titles (e.g., “Transitional Justice,” “Atrocities,” “Reparations”) in schools across the United States, Europe, Asia, South America, and the Commonwealth countries. Professor Brooks continues to teach the seminar at USD, and in recent years has added as one of its topics “modern slavery”(defined by international conventions and U.S. domestic law as “human exploitation over a period of time effectuated through coercion, fraud or trickery”). Yet, the main portion of the seminar, like all spinoffs of the seminar, continues to be on post-conflict justice. What does justice demand in the aftermath of atrocities like the Holocaust, Apartheid, and genocides in Armenia, Africa, South America, Southeast Asia, and America? This question is framed by the international redress movement (consisting of scholars, activists, and government officials) in which Professor Brooks has played a key role. The focus of the movement is on claims from around the world that seek redress for human injustice under post-Holocaust conditions. Hence, in addition to studying the aftermath of modern slavery in Africa involving the “child soldiers” and in Thailand for sexual slaves liberated from bondage, the seminar studies issues of post-conflict justice involving Nazi persecution, Japan’s "comfort women" system, Apartheid in South Africa, and our own country’s internment of Japanese Americans (why was there no internment in Hawaii where many more Japanese Americans lived?), genocidal treatment of Native Americans, and enslavement of African Americans. We shall draw on legal and political analyses, government documents, personal testimonies, and historical narratives.  A paper is required. Successful completion of this course satisfies the written-work requirement.    

International Taxation (LWTE539)

Instructor(s): David Bowen

3 credit(s), Letter Graded
Concentration(s): Business and Corporate Law (JD), LLM in Business and Corporate Law (LLMB), Business and Corporate Law (LLMUS), International Law (LLMUS), Taxation (LLMUS), LLM in Taxation (LLMT), LLM in International Law (LLMI), Business and Corporate Law (MSLS), International Law (MSLS), Taxation (MSLS)
Prerequisite(s): Tax I

This basic course in international taxation addresses the U.S. taxation of inbound and outbound cross-border transactions and activities.  The course includes comprehensive coverage of 26 USC Subchapter N, which contains the basic provisions for tax on income from sources within or without the United States.  The course will cover both FAUST (foreign activities of U.S. taxpayers) and USAFT (U.S. activities of foreign taxpayers), and will emphasize the significant changes brought about in the 2017 TCJA (Tax Cut and Jobs Act).  Examples of specific topics include the sourcing rules, the foreign tax credit, CFCs (controlled foreign corporations), FCCs (foreign controlled corporations), the Subpart F regime, repatriations, the GILTI-FDII-BEAT provisions, and other FAUST-USAFT matters.

Interviewing & Counseling (LWLP535)

Instructor(s): Tony Roberts

2 credit(s), H/P/L/F Graded
Requirement(s): Experiential
Recommended Class(es): Trial Advocacy

This course provides advanced training in the skills of client interviewing and counseling. The first part of the course is devoted to learning the specific micro-skills that make up effective interviewing through readings, demonstrations and role-plays. The second- part focuses on the counseling dimension of lawyer-client relationships. In addition to classroom preparation and activities, students will interview actual clients, including at the USD Legal Clinics. Ethical issues unique to interviewing and counseling are emphasized. The course is graded on a 4-tier Pass-Fail basis.

Intro to US Law (LWGC530)

Instructor(s): Michael Devitt

2 credit(s), Letter Graded

Introduction to United States Law is a required course for Master of Comparative Law students. No other students may enroll. This course comparatively introduces distinctly American approaches to law, lawyering and legal processes. Special emphasis is placed on the common law tradition.

Note: This course is for LLMC students only.

Jurisprudence (LWJT530)

Instructor(s): Roy L. Brooks

3 credit(s), Letter Graded

There is more than one way of finding a solution to any given legal problem. Some judges search for answers syllogistically, sometimes exaggerating the transparency of text (legal formalism), while others purport to seek solutions through original meaning or close, logical readings of text (e.g., textualism). Still other judges look for answers in the social ends of law, disciplined only by the judge's personal sense of justice (legal realism) or by well-defined community needs (sociological jurisprudence) or by existing governmental or social arrangements (legal process). This course gives students an opportunity to study these judicial techniques and to sharpen their understanding of case analysis. Beyond studying such “traditional process,” this course also gives students an opportunity to explore out-of-the-box thinking about judicial decision making by studying oppositional theories of judicial decision making called “critical process.” Unlike traditional process (e.g., originalism), critical process seeks to vindicate the norms of outsider groups (e.g., racial minorities, women, and LGBTQ community). Applying traditional process and critical process to a variety of legal problems—from personal jurisdiction to Second Amendment, school financing to ESL, trans-racial adoption to First Amendment, eminent domain to the right to shelter (or unshelter), discrimination based on intersectionality to discrimination based on gender nonconformity, violence against women to immigration—our main mission is to find ways to reconcile traditional process and critical process based on our society’s commitment to diversity and inclusion. This course has a final exam.

Law Journal Editing and Research (LWWI542)

Instructor(s): Macklin Thornton

1 credit(s), H/P/L/F Graded

This course is offered only to students who are editorial board members of Law Review, International Law Journal, and Journal of Climate and Energy Law. This course provides students with an understanding of editorial and publication processes through faculty supervised training. Topics include editing, editorial research, article selection, and other aspects of journal operations. The course is taught by a adjunct faculty member who meets regularly with students, provides them with specific and individualized feedback on their contributions, and provides guidance on journal operations.

Students will be graded on the basis of class attendance and participation, and performance on class assignments and a final exam.

Legal Writing & Research, GRAD (LWGC560)

Instructor(s): Leslie Morsek

2 credit(s), H/P/L/F Graded

This course, which is offered only to students in the LLM in US Law program, focuses on providing students with: (1) a broad overview of the structure of the U.S. legal system; (2) techniques for successful research , writing and practice of law in the U.S. courts; (3) an introduction to the objective analytical skills that promote success in coursework and in the profession; (4) an introduction to persuasive writing techniques; and (5) techniques for success in class and examinations. The course has a very low student-faculty ratio and faculty carefully review each student's research and writing assignments. Students are provided opportunities to meet with their professor and revise their written work.

Low Income Tax Incentives (NEW) (LWTE543)

Instructor(s): Maurice Foley

2 credit(s), Letter Graded
Requirement(s): Writing
Concentration(s): Public Interest Law (JD), Taxation (LLMUS), LLM in Taxation (LLMT), Taxation (MSLS)

This course will focus on how and why the government uses the tax law to provide income support, housing, and jobs to low-income families and encourage economic development in low-income communities. The course will provide an in-depth candid review of the political, economic, social, and budget considerations relating to the formulation, drafting, and enactment of these provisions. The course will also explore the intersection of tax policy and our criminal justice system. Tax I is not a prerequisite.

Note:

This course is taught by US Tax Court Judge Maurice B. Foley.

This is a synchronous distance education course. .Judge Foley will be in San Diego to teach the first two classes in person.  Thereafter, classes will be taught via Zoom. 

Mediation Skills (LWLP556)

Instructor(s): Lisa Maxwell

2 credit(s), H/P/L/F Graded
Requirement(s): Experiential
Concentration(s): Civil Litigation (JD), Employment and Labor Law (JD), Employment and Labor Law (LLMG)

Mediation is a process by which a trained and impartial third party helps others resolve a dispute. Lawyers use mediation extensively, both as advocates and as neutrals. Participants will learn to mediate a variety of disputes, using the methodology developed by San Diego National Conflict Resolution Center (NCRC). They will receive a certificate of participation upon their successful completion of the training. Participants must commit to attending each of the training sessions as a condition of enrollment. Enrollment is limited to 40 participants. This course is graded on a 4-tier Pass-Fail basis.

Unfortunately, due to the Covid pandemic, NCRC is unable to offer student opportunities to mediate Small Claims Court disputes under the mentoring of NCRC mediators. Once the SCC resumes operations, the opportunity will be revisited possibly under a virtual format.

 

Note: There are limitations on concentration eligibility. Check the Civil Litigation Concentration (JD) and Employment and Labor Law Concentration (JD) web pages for more information.
Additional Information: Civil Litigation Concentration, Employment and Labor Law Concentration

Multistate Bar Exam Review (Asynchronous Distance Education) (LWGC576)

Instructor(s): Michael Brooks

4 credit(s), Letter Graded

The Online MBE Course offers a robust conceptual understanding of highly tested areas of law and a flexible approach to solving bar exam questions via an asynchronous online platform. Students will review substantive doctrine through online lectures, assigned text, MBE questions and black-letter law. Through the course, students systematically build exam skills including reading comprehension, issue identification, rule mastery, application, critical thinking, and legal analysis. Students will also learn how to recognize and deal with common MBE “distractors.” Students receive a course textbook, workbook with problems, and access to BARBRI AMP and online lectures. The course assessment includes a 100-question diagnostic/baseline exam, midterm exam, and a comprehensive final exam. The midterm and final exams will be online. Only students planning to graduate in December 2024 or May 2025 may register for the course.

Note:

This course is an asynchronous distance education course and the course content will be available through Canvas.

Negotiation (LWLP560)

Instructor(s): Gregg Relyea, Ana Sambold

3 credit(s), H/P/L/F Graded
Requirement(s): Experiential
Concentration(s): Business and Corporate Law (JD), Civil Litigation (JD), Employment and Labor Law (JD), LLM in Business and Corporate Law (LLMB), Business and Corporate Law (LLMUS), Employment and Labor Law (LLMG), Business and Corporate Law (MSLS)

Effective negotiation skills are essential to the successful practice of law. Most legal disputes are resolved through direct negotiation. This course will teach students effective communication techniques and negotiation strategies in a workshop-style setting. The course will introduce students to different types of bargaining, different approaches to bargaining, specialized communication techniques used by effective negotiators, and techniques for overcoming negotiating impasses. Negotiation practices will be taught using both lecture and experiential methods (interactive exercise, role play exercises). This course will be practical in its orientation, with an emphasis on prevailing negotiation techniques and strategies customarily used by practicing lawyers. Due to the participatory nature of the course, enrollment will be limited. Grades are based upon in-class participation, in-class exercises, student reflection/self-assessment, and homework assignments. The course is graded on a 4-tier Pass/Fail basis.

Note: There are limitations on concentration eligibility. Check the Business and Corporate Law Concentration (JD), Civil Litigation Concentration (JD), and Employment and Labor Law Concentration (JD) web pages for more information.
Additional Information: Business and Corporate Law Concentration (JD), Civil Litigation Concentration (JD)

Partnership Tax (LWTE545)

Instructor(s): Adam Flock

3 credit(s), Letter Graded
Concentration(s): Taxation (LLMUS), LLM in Taxation (LLMT), Taxation (MSLS)
Prerequisite(s): Tax I

This course considers the federal tax consequences of entity classification of partnership and limited liability companies; formation of a partnership; basis of partnership interests and assets; effect of liabilities on basis; allocation of income and deductions; partnership elections; continuation, merger, and termination of partnerships; family partnerships; sales and exchanges of partnership interests; liquidating and non-liquidating distributions; retiring partners; and pertinent policy considerations.

Note:

This is a synchronous distance education course.  Classes will be taught via Zoom.

Patent Law (LWIP570)

Instructor(s): Joseph Reisman, Maria Stout

2 credit(s), Letter Graded
Concentration(s): Intellectual Property (JD), Intellectual Property (LLMUS), Intellectual Property Law (LLMG), Intellectual Property Law (MSLS)

The purpose of this course is to prepare students to understand the law and analyze the problems involved in protecting inventions under U.S. Patent Laws and in protecting trade secrets under the common law and the California Trade Secret Statute. Although the protection of state-of-the-art technology, including software and biotechnology, is included in portions of the course, technical or scientific expertise of the student is not a prerequisite.

Poverty Law (LWPP573)

Instructor(s): Parisa Ijadi-Maghsoodi

2 credit(s), Letter Graded
Concentration(s): Children's Rights (JD), Public Interest Law (JD)

This is a survey course on the policy and practice of poverty law. Students will receive an introduction into the theory and practice of law pertaining to the enactment and enforcement of laws that advance the lives of people living in poverty. The course provides a broad overview and history of federal anti-poverty laws and programs, including programs addressing economic security, access to healthcare and nutrition, and subsidized housing. The course will study the administration of these anti-poverty programs and the practice of poverty law, including administrative law procedures (with a focus on due process), judicial review, and systemic litigation. The final grade for the course will be based on an examination. 

Privacy & Data Security (LWGC581)

Instructor(s): Christian Andreu-von Euw, Staff

3 credit(s), Letter Graded
Concentration(s): Intellectual Property (JD), Intellectual Property (LLMUS), Intellectual Property Law (LLMG), Intellectual Property Law (MSLS)

Privacy and information security are critical legal and social issues in today’s interconnected world.  Most businesses store and use the personal information of others—and have obligations to protect that data and use it legally.  All networked computers—from Google’s email servers, to the phones in our pockets, to the “smart” appliances in our homes— are under constant attack, and any breach can lead to serious liability for many parties.  This course explores the roots of privacy and data security law and its evolution in the face of rapid technological change.  We will think critically about the trade-offs and challenges presented by the ever-changing role of technology, the risks and rewards of data collection, and the rapidly changing legal landscape.  We will touch on the relationships between privacy, security, and risk; on identification and re-identification of individuals; on encryption and open access to data; and other current issues in privacy and information technology.   


Additional Information: Intellectual Property Concentration (JD)

Public International Law (LWIC575)

Instructor(s): Maimon Schwarzschild

3 credit(s), Letter Graded
Concentration(s): International Law (JD), Public Interest Law (JD), International Law (LLMUS), LLM in International Law (LLMI), International Law (MSLS)

Public International Law examines the origin, content and operation of the law applicable to the conduct of nation states and international organizations and to their relations with one another. Particular attention is given to the relationship between international law and national law, international agreements, use of force, terrorism, peaceful settlement of disputes, jurisdictional principles, human rights, the status of individuals under international law, state responsibility and remedies, legal protection of foreign investment and the law of the sea.

Note: This is a required course for the International Law Concentration (JD).

Remedies (LWLP570)

Instructor(s): Mary Jo Wiggins

4 credit(s), Letter Graded
Concentration(s): Children's Rights (JD), Civil Litigation (JD), Public Interest Law (JD)

The Remedies course examines legal and equitable remedies under statutes and the common law: what can parties to litigation obtain from the courts? Courts have the power to grant temporary and permanent injunctions, damages calculated in various ways, and restitution. What can and should a party seek from a court in a particular case? What will a court grant, and on what doctrinal and factual basis? This course will particularly look at the public law aspect of remedies: remedies for constitutional violations, "structural" or institutional injunctions, constitutional limits on tort and other remedies, and the nature and limits of equitable remedies.

Note: This is a required course for the Civil Litigation Concentration (JD).

Securities Regulation (LWBC580)

Instructor(s): Stephen Ferruolo

3 credit(s), Letter Graded
Concentration(s): Business and Corporate Law (JD), Public Interest Law (JD), LLM in Business and Corporate Law (LLMB), Business and Corporate Law (LLMUS), Business and Corporate Law (MSLS)
Recommended Class(es): Corporations

The Securities Regulation class will include an overview of the capital markets and the underwriting process, the structure and prohibitions of the Securities Act, the registration process, the definitions of security and exempted securities, the private and limited offering exemptions, offerings by underwriters, affiliates and dealers, civil liability under the Securities Act, fraud in connection with a purchase or sale of a Security, and general civil liability provisions.

Note:

This is a required course for the Business and Corporate Law Concentration (JD).

Special Education and Disability (LWFC565)

Instructor(s): Margaret Dalton

2 credit(s), Letter Graded
Requirement(s): Writing
Concentration(s): Children's Rights (JD), Public Interest Law (JD)

This class provides an overview of the major disability laws relating to students in K-12th grade, by focusing on U.S. Supreme Court decisions as well as related laws including the Individuals with Disabilities Education Act (IDEA), Americans with Disability Act (ADA), and Section 504 of the Rehabilitation Act (504 plans).  The course includes lectures and class discussions on current topics in disability law and policy, such as placements, student discipline, procedural safeguards, and legal remedies when disputes arise. Statutory and case law are utilized to assist students in understanding this complex and emerging area of specialization.

This course satisfies the upper-level written work requirement. No prerequisites.  

Tax Research (LWTE570)

Instructor(s): Dennis Lilly

2 credit(s), Letter Graded
Requirement(s): Writing
Concentration(s): Business and Corporate Law (JD), Taxation (LLMUS), LLM in Taxation (LLMT), Taxation (MSLS)
Prerequisite(s): Tax I

Topics will include the merits of different tax systems (such as income and consumption taxes), questions of tax administration and legal complexity, the efficiency implications of taxation, and distributional implications. It will consider how well current legislation addresses these various issues and consider whether there are ways that they might be better addressed. Tax I is a prerequisite for this course; other tax courses, especially Corporate Tax, would be useful, but are not required. This courses fullfills the written work requirement. 

Taxation of Property Transactions (LWTE575)

Instructor(s): Phillip Jelsma

2 credit(s), Letter Graded
Concentration(s): Taxation (LLMUS), LLM in Taxation (LLMT), Taxation (MSLS)
Prerequisite(s): Tax I (LLM students may take this concurrently)

This course examines practical planning opportunities involving closed sales, open sales, deferred payment reporting, installment sales elections, imputed interest, cost recovery reporting, two-way and three-way real estate exchanges, all-inclusive trust deeds, subordinated financing, midpoint refinancing, and negative basis. Considerable emphasis is placed on understanding interest concepts such as mortgage annual constant percentages, lump sum and annuity present value analysis, and real rate of return (after inflation) analysis.

Trademark Law (LWIP580)

Instructor(s): Kayla Jimenez

3 credit(s), Letter Graded
Concentration(s): Intellectual Property (JD), Intellectual Property (LLMUS), Intellectual Property Law (LLMG), Intellectual Property Law (MSLS)

This course provides an overview of trademark and unfair competition law. We will discuss the purpose of these laws, the requirements for trademark protection, and the scope and enforcement of trademark rights. Specifically, we will cover the concepts of distinctiveness, functionality, and use of a trademark; the procedural and substantive aspects of trademark registration; geographic limits on trademark rights; trademark infringement, dilution, cybersquatting, counterfeiting, false advertising, false endorsement, and the right of publicity; and defenses and remedies in trademark actions.

Note:


Trial Advocacy - Criminal (LWLP550)

Instructor(s): Monique Carter, Kristen Haden, Kaitlyn McCarthy, Kareem Salem

4 credit(s), H/P/L/F Graded
Requirement(s): Experiential
Concentration(s): Civil Litigation (JD), Criminal Litigation (JD), Criminal Law (LLMUS), Criminal Law (LLMG)

This is an upper class course focused on the skills of case analysis and oral presentation of those cases to judges and juries in trials. The Fall course will focus on a piece of criminal litigation and will include developing skills used in a criminal jury trial as well as preliminary phases of criminal cases, including motions in limine, preliminary hearings and plea bargains. The course is specifically designed to expand the skills introduced to the student in Experiential Advocacy and Legal Research & Writing. The course methodology combines lectures, demonstrations and individual student performances in small groups with extensive critique and feedback by small group instructors who are experienced practitioners. The course culminates in a mock trial. The course is graded on a 4-tier Pass/Fail basis.

Trusts & Estates (LWTE555)

Instructor(s): Adam Hirsch

3 credit(s), Letter Graded

This survey course provides an introduction to non-tax aspects of estate planning and the law of gratuitous transfers, including inter vivos gifts, intestate succession, wills, will substitutes, trusts, fiduciary administration, and future interests.