Course Descriptions

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Fall 2018 Employment and Labor Law Class Descriptions

Administrative Law (LWPP510)

Instructor(s): Michael Rappaport

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

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)

Alternative Dispute Resolution (LWLP517)

Instructor(s): Scott Metzger

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

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.

Corporations (LWBC545)

Instructor(s): Lynne Dallas, Thomas Smith

4 credit(s), Letter Graded
Concentration(s): Business and Corporate Law, Employment and Labor Law, LLM in Business and Corporate Law

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.

Employment Law (LWPP537)

Instructor(s): Orly Lobel

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

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).

Judicial Externship (LWVL598)

Instructor(s): Shaun Martin

1 - 6 credit(s), P/F Graded
Requirement(s): Experiential
Concentration(s): Employment and Labor Law, Criminal Litigation, Civil Litigation
Prerequisite(s): Preferred: First-Year Curriculum, Trial Advocacy- (trial-court placements), Criminal Procedure (appellate-court placements), Criminal Procedure (magistrate judge placements), Criminal Procedure (criminal-dept. placements)

The Judicial Internship Program allows students to receive academic credit for work in a judge's chambers in San Diego. Students must work 50 hours per unit of credit. In addition to the work component of the Program, students enrolled in the program will have regular contact with the Program's instructor, Professor Martin, who will meet with students individually, and review samples of the student's refelctive and written work from the internship. Students can secure their own internship position or can meet with Professor Martin for guidance in securing a placement. The internship is graded on a pass/fail basis. Students must receive approval from Professor Martin to register for this program.

 How to Register For A Judicial Externship For Credit

Note: Students must receive approval from Professor Martin to register for this program. There are limitations on JD concentration eligibility. Please check the concentration web pages for more information.
Additional Information: JD Concentration Web Page, Application

Mediation Skills (LWLP556)

Instructor(s): Lisa Maxwell

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

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's 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 36 participants. This course is graded on a 4-tier Pass-Fail basis. Once trained in mediation, students have the opportunity to mediate litigated disputes filed in Small Claims Court in downtown San Diego with NCRC. Students that have completed the Mediation Skills Training are eligible and can complete and submit a Field Placement Form online to the USD Office of Career and Professional Development to receive school credit through an Agency Externship with NCRC. For additional information, please refer to the Career Services website. 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.

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

Negotiation (LWLP560)

Instructor(s): Staff, Gregg Relyea

3 credit(s), H/P/L/F Graded
Requirement(s): Experiential
Concentration(s): Business and Corporate Law, Employment and Labor Law, LLM in Business and Corporate Law, Civil Litigation
Recommended Class(es): Trial Advocacy

Effective negotiation skills are essential to the successful practice of law. Most legal and business disputes are resolved through direct negotiation. This course will teach students effective techniques and negotiation strategies in a work shop style setting. This course will introduce students to different types and styles of bargaining and specialized communication skills currently used by effective and successful negotiators. Negotiation competencies will be taught through lecture and experiential methods (interactive and role play exercises). Practical in its orientation, emphasis is placed on prevailing negotiation techniques and strategies used by practicing lawyers and professional business negotiators. Due to the participatory nature of the course, enrollment is limited. Grades will be based on class participation, homework assignments, quizzes, an out of class negotiation assignment and a take-home final. The course is graded on a four 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)

Workers' Rights Clinic (LWVL585)

Instructor(s): Michael Gaitley

1 credit(s), H/P/L/F Graded
Requirement(s): Experiential
Concentration(s): Employment and Labor Law

In cooperation with San Francisco’s Legal Aid Society-Employment Law Center, the Workers’ Rights Clinic trains law students in practical skills in employment and labor law, while providing free legal advice to low-income workers in San Diego County. Class includes instruction in labor and employment law, followed by on-site client interviews and advice. Interns, along with the supervising attorney, analyze the client’s situation, identify legal issues and determine what remedies the client might pursue. Students then discuss the findings with the client, who has the option of returning for further advice. Students may also have an opportunity to represent clients in Unemployment Insurance hearings in administrative court. The clinic is graded on a 4-tier Pass-Fail basis.