Course Descriptions

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Fall 2024 Class Descriptions

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

California Regulatory Law Clinic I & II (LWVL502)

Instructor(s): Robert Fellmeth, Marcus Friedman

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

This Clinic, offered in both the Fall and the Spring semesters, is highly recommended for the Public Interest Law Concentration. This Clinic is associated with California Regulatory Law and the Public Interest, and offers students an experiential opportunity to complement the knowledge gained from that class. In the Clinic, each student is assigned to monitor one or more state agencies, and does so by attending agency meetings (or watching them online), analyzing regulatory proposals, monitoring legislation and litigation impacting the agency, and more. In addition to drafting periodic tweets and blogs about their agencies during the semester, at the end of the semester students write articles on their agencies for publication in the California Regulatory Law Reporter, which appears on Westlaw. This enables students to achieve, prior to graduation, publication in the major state administrative law publication. Students in this Clinic meet with Prof. Fellmeth and Consumer Protection Policy Center staff weekly to inform and guide their work.  

Note:

California Regulatory Clinic II is LWVL512

Child Advocacy Clinic: Dependency I & II (LWVL507)

Instructor(s): Jessica Heldman

4 credit(s), H/P/L/F Graded
Requirement(s): Experiential
Concentration(s): Children's Rights (JD)

Clinic students assist attorneys from Children’s Legal Services of San Diego (CLSSD) or Dependency Legal Services of San Diego (DLSSD) in the representation of abused and neglected children or their parents, respectively, in Dependency Court proceedings. Dependency Court is the division of Juvenile Court where all decisions are made as to the legal rights of children who are found to be abused or neglected. Dependency Clinic students are exposed to a wide variety of experiences, such as interviewing clients and witnesses; presenting evidence during bench trials; preparing briefs and memoranda; participating in Child and Family Team meetings, conducting field work with investigators; and making court appearances as necessary and appropriate. Dependency Clinic interns must work at least 16 hours per week with their supervising attorneys. In addition, clinic students meet as a group once weekly for a one-hour classroom component. Students must have completed or be enrolled in Evidence, Civil Procedure and Child Rights and Remedies. Clinic slots are limited; students must obtain a permission slip from Professor Jessica Heldman to register for the course.

Note: This clinic may be applied as the required clinic for the Children's Rights Concentration (JD).
Additional Information: Children's Rights JD Concentration

Note:

This clinic may be applied towards the three required clinic credits for the Children's Rights Concentration (JD).

Child Advocacy Clinic: Dependency II is LWVL 508


Additional Information: Children's Rights JD Concentration

Child Advocacy Clinic: Policy I & II (LWVL505)

Instructor(s): Jessica Heldman

1-3 credit(s), H/P/L/F Graded
Requirement(s): Experiential
Concentration(s): Children's Rights (JD)
Prerequisite(s): Child Rights & Remedies

In this clinic, students work with Staff Attorneys at USD Law’s Children’s Advocacy Institute (CAI) on legislative and regulatory policy advocacy projects, impact litigation, public education, and/or policy research and analysis of issues that affect children, with an emphasis on children in the foster care system. Students are supervised by Professor Jessica Heldman and projects can include working remotely with CAI’s National Policy Advocate in Washington DC, CAI’s California Policy Advocate in Sacramento, or with local San Diego staff. This clinic provides an exciting opportunity to experience how laws and regulations get developed, enacted, and enforced on behalf of an important and vulnerable group of individuals. To participate, students must have completed or be enrolled in Child Rights and Remedies.  Clinic slots are limited; contact Professor Jessica Heldman if interested. 

Note:

This clinic may be applied as the required clinic for the Children's Rights Concentration (JD).

Child Advocacy Clinic : Policy II is LWVL 506


Additional Information: Children's Rights JD Concentration

Child Advocacy Clinic: Youth Justice I & II (LWVL503)

Instructor(s): Jessica Heldman

4 credit(s), H/P/L/F Graded
Requirement(s): Experiential
Concentration(s): Children's Rights (JD)
Prerequisite(s): See course description

Clinic students work with the attorneys in the Juvenile Division of the Public Defender’s Office to represent youth in Juvenile Court proceedings to ensure their legal rights are protected and that they receive the appropriate educational, mental, physical, and other services they need if adjudicated delinquent. Clinic students interview clients, prepare and argue motions, and participate in San Diego’s specialized collaborative Behavioral Health Court program (BHC) for youth with mental health diagnoses who are on probation. Participation in BHC provides interns the opportunity to review comprehensive case files of youth to identify areas of need and then advocate on the youth’s behalf with regard to issues such as special education services, school placement, mental health assessments/services, and health care, in order to address underlying issues that might be contributing to the youth’s delinquency. Youth Justice Clinic interns must work at least 16 hours per week at the Public Defender’s Office. In addition, clinic students meet as a group once per week for a one-hour classroom component. Students must have completed or be enrolled in Evidence, Civil Procedure and Child Rights and Remedies. Clinic slots are limited; students must obtain a permission slip from Professor Jessica Heldman to register for the course.

Note:

This clinic may be applied as the required clinic for the Children's Rights Concentration (JD).

Please note this clinic has been renamed - it used to be named Child Advocacy Clinic: Delinquency I & II

Child Advocacy Clinic: Youth Justice II is LWVL 504.


Additional Information: Children's Rights JD 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).

Civil Clinic I (LWVL510)

Instructor(s): Allen Gruber, Joe Villasenor

2-4 credit(s), H/P/L/F Graded
Requirement(s): Experiential
Concentration(s): Civil Litigation (JD)
Prerequisite(s): Civil Procedure
Recommended Class(es): Trial Advocacy

The Civil Clinic lays the foundation for your litigation career, providing you with the opportunity to fully immerse yourself in real cases pending before the San Diego Superior Court. Students take an active role under supervision of experienced attorneys to handle all facets of litigation including initial client interviews, providing counsel and advice, drafting complaints, discovery, law and motion practice, negotiating settlements, and in some cases even trial practice. Students certified by the State Bar will also have the opportunity to make court appearances and take or defend depositions. The cases tend to focus on vindicating individual consumer rights, consumer fraud matters, and ensuring clients are treated fairly in our judicial system by providing competent representations in just cases typically not taken by the private bar. Students meet weekly for in depth discussion of cases and instruction on the underlying substantive and procedural law. The clinic is graded on a 4-tier Pass-Fail basis.

Note: There are limitations on JD concentration eligibility. Please check the Civil Litigation Concentration web page for more information.
Additional Information: Civil Litigation Concentration

Civil Clinic II (LWVL511)

Instructor(s): Allen Gruber, Joe Villasenor

1-4 credit(s), H/P/L/F Graded
Requirement(s): Experiential
Concentration(s): Civil Litigation (JD)
Prerequisite(s): Civil Procedure, Evidence
Recommended Class(es): Trial Advocacy

Clinic II interns refine their skills, working on complex cases and cases already begun as Clinic I interns. Students may mentor first time clinic participants, serve as lead student attorney on cases, and have additional opportunities to appear in court. Supervising attorneys/adjunct professors provide individualized coaching, based on the Clinic II interns needs and interests. Prerequisite: Successful completion of Clinic I in the same clinic. The clinic is graded on a 4-tier Pass-Fail basis.

Note: There are limitations on JD concentration eligibility. Please check the Civil Litigation Concentration web page for more information.
Additional Information: Civil Litigation Concentration

Civil Procedure (LWAA510)

Instructor(s): Shaun Martin, Staff

4 credit(s), Letter Graded

Civil Procedure is the study of procedural rules governing civil actions in state and federal courts. The topics studied throughout the year include selection of the proper court and place for litigation, jurisdiction over the parties, joinder of parties and claims, contents of pleadings, discovery, pre-trial motions, conduct of trials, and conflicts between state and federal judicial systems.

Note: Required for first-year day-division students.

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 Counsel Externship I (LWVL591)

Instructor(s): Beth Baier

1-6 credit(s), P/F Graded
Requirement(s): Experiential
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)

The Corporate Counsel Externship Program consists of a work component and a class component and allows students to earn academic credit working in the legal department of a corporation, company or other business entity. Students may also work in other departments of a corporation as long as they are supervised by an on-site licensed attorney. Students must work during the academic session for a minimum of 50 hours per unit of credit and may receive 1-6 credits. For purposes of corporate counsel externship work, the academic session is from the official start of classes to the last day of final exams. No academic credit may be earned for corporate counsel externship work outside this time period.

Academic requirements include: mandatory orientation, student journals submitted to the professor relating to the field placement work; discussion boards on legal practice topics; a four-six page reflective paper at the end of the semester, include a placement evaluation; an externship work product for professor review; and an on-site supervisor evaluation showing satisfactory completion of work experience. The Externship is graded on a Pass-Fail basis.

If you have been offered and have accepted a field placement, meet the eligibility requirements, agree to meet the course obligations and want to register for the Externship course, fill out the Field Placement Form. After you submit the form, the Office of Career and Professional Development will review it and send you an email with directions on how to enroll.

If you have any placements questions, read the FAQ's available at that link.  If the FAQ's do not answer your field placement questions, contact the Office of Career and Professional Development at lawcareers@sandiego.edu

Note:

There are limitations on JD concentration eligibility. Please check the JD concentrations web pages for more information. Contact Law Student Affairs to find out if your work in this externship qualifies for the concentration.


Additional Information: JD Concentrations Web Page, Email Law Student Affairs

Corporate Counsel Externship II (LWVL589)

Instructor(s): Beth Baier

1-6 credit(s), P/F Graded
Requirement(s): Experiential
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)

Externship II students refine their skills, with a longer opportunity to specialize their training in a specific area. Externship II is limited to students who have previously worked at a Corporate Counsel Externship placement. Please refer to Corporate Counsel Externship I description for additional 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).

Corporate Technology Externship (LWVL570)

Instructor(s): Anthony Mauriello

1-6 credit(s), P/F Graded
Requirement(s): Experiential
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)

This externship places students at local law firms and companies to provide legal assistance to technology companies in the areas of corporate formation and transactions, contracts, employment, and related areas. Students will be supervised by attorneys at the local law firms and companies as well as the professors. Students begin work during the first week of the semester with companies and law firms, and meet one-on-one with the professors on a regular basis.  This course includes a "boot camp," instructional time on the first and third Saturdays of the semester, from 11:30 am - 2:30 pm. An application process will be used to select students for the course. Students who registered for the course in previous academic years may not apply for the course for 2024-2025 without the permission of the Professor. Applications are due Friday, April 5.


Additional Information: Application

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 Law (LWAA525)

Instructor(s): Staff

4 credit(s), Letter Graded

The purpose of criminal law, the development of the common law of crimes, the elements of the widely recognized criminal offenses, and the changes brought about by major statutes in connection with their effect on the present-day systems of criminal justice in the United States are explored in this course.

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).