Course Descriptions

Spring 2013 Class Descriptions

California Civil Procedure (Walter Heiser)
LWLP520

3 credit(s)
Concentration(s): Civil Litigation (JD)

This course is designed for upperclass law students who intend to practice law in California and therefore may wish to learn more about California civil procedure. The course will focus on the important caselaw doctrines, statutory rules, and policies which define civil litigation in the California courts with particular attention to those areas of California civil procedure that are unique when compared to federal and to other states' procedural laws. The topics covered will include considerations before undertaking representation; statutes of limitations and related doctrines; California conflicts of law doctrine; jurisdiction, venue, forum non conveniens, and service of process; prejudgment attachment and other provisional remedies; claim and issue preclusion; pleadings and motions; joinder of parties and claims, new party cross-complaints, equitable indemnity, and good faith settlements; the California Civil Discovery Act; summary judgments, default judgments, involuntary dismissals for failure to prosecute, the “fast track” system, and judicial and contractual arbitration; right to jury trial, trial procedures, and post-trial motions; judgments, enforcement of judgments, and setting aside judgments; and appeals, extraordinary appellate writs, and administrative mandamus. The course will also provide students with a brief summary of the federal or general position on each major topic covered as a basis of comparison and as a review of basic civil procedure. Third year full-time and fourth year part-time students have registration priority for this class. The waitlist for this course will be open to all students after fall semester final examinations.

Child Advocacy Clinic: Delinquency I (Robert C. Fellmeth)
LWVL503

4 credit(s)
Requirement: Skills
Concentration(s): Children's Rights (JD), Public Interest Law (JD)
Prerequisite(s): See course description

Students work with assigned attorneys from the San Diego Office of the Public Defender, representing juveniles in delinquency court proceedings. Students are exposed to a wide variety of experiences, such as interviewing their minor clients; preparing briefs and motions; participating in hearings and conferences; coordinating with probation officers, investigators, etc.; and making court appearances as necessary and appropriate. Delinquency Clinic students must commit 20 hours per week to their Clinic work, and there is an additional one-hour classroom component each week. 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 Robert Fellmeth or Elisa Weichel before registering for the course.

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

Child Advocacy Clinic: Delinquency II (Robert C. Fellmeth)
LWVL504

1-4 credit(s)
Requirement: Skills
Concentration(s): Children's Rights (JD), Public Interest Law (JD)
Prerequisite(s): See course description

Students work with assigned attorneys from the San Diego Office of the Public Defender, representing juveniles in delinquency court proceedings. Students are exposed to a wide variety of experiences, such as interviewing their minor clients; preparing briefs and motions; participating in hearings and conferences; coordinating with probation officers, investigators, etc.; and making court appearances as necessary and appropriate. Delinquency Clinic students must commit 20 hours per week to their Clinic work, and there is an additional one-hour classroom component each week. 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 Robert Fellmeth or Elisa Weichel before registering for the course.

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

Child Advocacy Clinic: Dependency I & II (Robert C. Fellmeth)
LWVL507

4 credit(s)
Requirement: Skills
Concentration(s): Public Interest Law (JD), Children's Rights (JD)
Prerequisite(s): See course description

Students work with assigned attorneys from the Dependency Legal Group of San Diego, representing abused and neglected children in dependency court proceedings. Students are exposed to a wide variety of experiences, such as interviewing child clients; presenting evidence during bench trials; preparing briefs and memoranda; participating in settlement conferences; conducting field work with investigators; and making court appearances as necessary and appropriate. Dependency Clinic students must commit 16 hours per week to their Clinic work, and there is an additional one-hour classroom component each week. 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 Robert Fellmeth or Elisa Weichel before registering for the course.

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

Child Advocacy Clinic: Policy I & II (Robert C. Fellmeth)
LWVL505

1-3 credit(s)
Requirement: Skills
Concentration(s): Children's Rights (JD), Public Interest Law (JD)
Prerequisite(s): Child Rights & Remedies

Students work with CAI professional staff on legislative and regulatory policy advocacy projects, impact litigation, public education projects, and/or policy research and analysis of current applications of law and regulations as they affect children. Policy Clinic students are also able to serve as Educational Representatives for at-risk youth and/or assist CAI’s Homeless Youth Outreach Project. Students must have completed or be enrolled in Child Rights and Remedies. Clinic slots are limited; students must obtain a permission slip from Professor Robert Fellmeth or Elisa Weichel before registering for the course.

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

Civil Clinic I (Allen C. Snyder, Allen Gruber)
LWVL510

3-4 credit(s)
Requirement: Skills
Concentration(s): Civil Litigation (JD)
Prerequisite(s): Civil Procedure, Evidence , LSII or Practicum

Students interview, counsel and represent clients at Superior Court or in administrative hearings in a wide variety of cases under the supervision of an attorney. Students draft pleadings and correspondence, as well as confer and negotiate with opposing counsel/parties. Weekly group meetings are combined with individual case conferences to provide intensive personal training in litigation techniques, problem solving and case management. Students also learn general civil litigation practice and procedures. Prerequisites: Civil Procedure, Evidence and either Practicum or Lawyering Skills II. 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 (Allen C. Snyder, Allen Gruber)
LWVL511

2-4 credit(s)
Requirement: Skills
Concentration(s): Civil Litigation (JD)
Prerequisite(s): Civil Procedure, Evidence , Lawyering Skills II or Practicum

Students interview, counsel and represent clients at Superior Court or in administrative hearings in a wide variety of cases under the supervision of an attorney. Students draft pleadings and correspondence, as well as confer and negotiate with opposing counsel/parties. Weekly group meetings are combined with individual case conferences to provide intensive personal training in litigation techniques, problem solving and case management. Students also learn general civil litigation practice and procedures. Prerequisites: Civil Procedure, Evidence and either Practicum or Lawyering Skills II. 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 II (Jane Henning)
LWAA511

3 credit(s)

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.

Civil Procedure II (Staff)
LWAA511

3 credit(s)

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.

Comparative Constitutional Law (James Allan)
LWIC515

3 credit(s)
Requirement: Writing
Concentration(s): International Law (LLMC), LLM in International Law (LLMI)
Prerequisite(s): Constitutional Law I

This course aims to put the constitutional structure of the United States into context. It will focus on the four jurisdictions that share the most features with, and are most similar to, the US's constitutional and legal system. So after an introductory week or two on the great diversity of constitutional arrangements in the democratic world, students will be introduced to the constitutional structures of Canada, Britain, New Zealand and Australia. (The last of these, by the way, copied much from the US and is by far the most successful imitator of US-style constitutional arrangements in the world.)In the course of examining these four jurisdictions we will examine different sorts of bills of rights, varying approaches to interpreting them, unwritten constitutions, Canadian v Australian (and US) federalism, bicameralism v unicameralism, parliamentary sovereignty, and more. Students will be asked to write their course paper on any aspect of the constitutions of one of these four jurisdictions after agreeing a topic with Professor Allan, who will also welcome comparisons to the US. Successful completion of this course will fulfill the law school's written work requirement.

Complex Litigation (Alan Schulman)
LWLP523

3 credit(s)
Concentration(s): Civil Litigation (JD)

This course offers in-depth instruction in how class actions and other aggregate party lawsuits are litigated in federal courts, taught by a trial lawyer with more than 30 years experience litigating class actions. The course covers the case law and practice skills involved in litigating cases under Rule 23, with special focus on several important substantive areas of class action practice – consumer, securities fraud, employment discrimination, and mass tort. Prerequisite: Civil Procedure

Constitutional Law I (Staff)
LWAA515

4 credit(s)

This course provides an introduction to the United States Constitution, stressing the theory and practice of judicial interpretation and review, the separation of federal powers, the relation of the states to the federal government, and specific powers of the federal government. It also provides an introduction to the Bill of Rights and its limitations on the exercise of governmental power, with emphasis on freedom of speech.

Constitutional Law II (Junichi P. Semitsu)
LWPP525

3 credit(s)
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. Prerequisite: Constitutional Law I

Constitutional Law II (Miranda Oshige McGowan)
LWPP525

3 credit(s)
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. Prerequisite: Constitutional Law I

Contracts (Staff)
LWAA520

4 credit(s)
Concentration(s): Business and Corporate Law (LLMC)

An introduction to legal reasoning and analytical skills through an investigation of how the law enforces agreements. Included are such topics as: the requirements for the formation of a contract; problems of interpretation; damages for breach; the statute of frauds; illegality; and problems which arise during the performance stage of a contract, such as the creation and failure of express and implied conditions, excuse through impossibility or frustration of purpose, and discharge. Article II of the Uniform Commercial Code is introduced and compared with the common law of contracts.

Copyright Law (Abraham Bell)
LWIP525

3 credit(s)
Concentration(s): Intellectual Property (JD), Intellectual Property (LLMC), Intellectual Property Law (LLMG)

This course surveys the law relating to rights in expressive works. We will study what copyright covers – such as books, movies, musical recordings, and software – and distinguish copyright from other forms of intellectual property, such as trademark and patent. We will focus on the exclusive rights granted in copyrightable works, rules governing the transfer of those rights, what acts infringe those rights, what remedies the law provides for infringement, and what limitations the law places on those rights, such as the fair use doctrine. We will discuss some topics of current interest, such as the rules governing the copying and distribution of music over peer-to-peer networks, digital rights management, and open-source software development.

Note: May be applied as part of the six required credits for the Intellectual Property Concentration (JD).
Additional Information: Intellectual Property JD Concentration

Corporate Counsel Internship (Stacey Tyree)
LWVL591

1-3 credit(s)
Requirement: Skills
Concentration(s): Business and Corporate Law (LLMC), LLM in Business and Corporate Law (LLMB), Intellectual Property (JD), Business and Corporate Law (JD)

The Corporate Counsel Internship Program consists of a work component and a class component. The Corporate Counsel Internship Program allows students to receive academic credit for 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 a licensed attorney. The goal of the Program is to provide students with the opportunity to observe first-hand the operations of a corporate legal department and to gain an understanding of the legal issues addressed by corporate counsel. The student must not receive monetary compensation or any outside funding for or related to the work and must be supervised by an on-site lawyer. Students can secure their own internship placements or meet with the Internship Director or Career Services for guidance. Placements qualify for the Program only if the organization requires that a student receive academic credit as a condition of the internship. Organizations willing to pay students or to have them work on a volunteer basis do not qualify for the Program. After a placement is found, students must complete an Application Form to have their placement approved for the Program. Employers who participate in the Program must commit to the requirements of the Program. Students work a minimum of 60 hours per unit of credit and may receive 1-3 credits. Students participate in primarily on-line class sessions involving small group discussions, prepare weekly summaries of their work and complete a writing assignment. If you have been accepted into an internship placement and want to apply for the internship course, fill out the Corporate Counsel application. If you have any other questions, email Lizzette Herrera Castellanos or call (619) 260-2342. The internship is graded on a Pass-Fail basis. Please contact the Office for JD Student Affairs (lawstudentaffairs@sandiego.edu) to find out if your work in this clinic qualifies for a JD concentration.

Note: There are limitations on JD concentration eligibility. Please check the Business & Corporate Law Concentration and Intellectual Property Concentration web pages for more information. Email lawstudentaffairs@sandiego.edu to see if your work qualifies.
Additional Information: Business & Corporate Law Concentration, Intellectual Property Concentration

Corporate Innovation and Legal Policy (Orly Lobel)
LWIP528

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

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 Reorganization (M. Carr Ferguson)
LWTE510

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

This course considers the tax treatment of corporations and shareholders in corporate acquisitive reorganizations, single corporation reorganizations and corporate divisions, including carryovers. Tax II is recommended but not required. Prerequisite: Tax I and Corporations: Tax II is recommended but not required. This is an advanced tax course with priority enrollment for LLM in Taxation students.

Corporations (Mark Lee, Lynne L. Dallas)
LWBC545

4 credit(s)
Concentration(s): Business and Corporate Law (JD), LLM in Business and Corporate Law (LLMB), Business and Corporate Law (LLMC)

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 the LLM in Business & Corporate Law.

Crime: The People, The Process (Laura M. Berend)
LWCR515

3 credit(s)
Requirement: Skills
Concentration(s): Criminal Litigation (JD), Criminal Law (LLMC), Criminal Law (LLMG)

This course offers a unique opportunity to examine the criminal justice system from the perspectives of a law enforcement officer, a prosecutor, a defense lawyer, a judge, a defendant and a homeless person. There is a class component and placement component. In class, you will address the legal, procedural, ethical, social, and cultural issues that arise in the course of your field work. Some Friday afternoon sessions introduce you to the Department of the Public Defender, the courthouse, the jail, and law enforcement use of force training. (See current course syllabus on TWEN.) Your field work consists of assisting the Deputy Public Defender in the Felony Arraignment Department of the Superior Court by interviewing and advising defendants charged with felony offenses on a criminal complaint to prepare them for arraignment and a bail hearing. You will choose one afternoon that you will spend in the arraignment court throughout the semester. You will also participate in interviewing and counseling people who are chronically homeless at dinners offered by the Welcome Door Foundation on several Wednesday evenings. Enrollment is limited to ten. This course is graded on a four-tier pass-fail basis. Criminal law is a pre-requisite. A security clearance by the Department of the Public Defender is required by the beginning of the semester. The State Bar of California requires completion of or enrollment in evidence and civil procedure before a student can be certified to appear in court.

Criminal Clinic I (Jean Ramirez)
LWVL515

3-6 credit(s)
Requirement: Skills
Concentration(s): Criminal Litigation (JD), Criminal Law (LLMC), Criminal Law (LLMG)
Prerequisite(s): Evidence, Criminal Procedure I, Lawyering Skills II/Oral Adv Skills or Practicum, Criminal Law
Recommended Class(es): Criminal Procedure II

This course focuses on the knowledge and skills required to litigate criminal cases in the trial courts. Students intern with an approved defense or prosecution trial agency in the criminal justice system. Students also meet in class for two hours each week. The class component tracks a fictitious, but realistic, criminal case from arrest through sentencing, but not trial, providing students with an overview of the process. Students participate in simulation exercises at various stages of the case and participate in discussions on relevant topics. Prerequisites may be taken concurrently with the instructor’s permission. Students seeking permission to take one or more prerequisites concurrently must make an appointment to discuss the matter with the course instructor in a face-to-face meeting. This variable credit course is graded on a 4-tier Pass-Fail basis. Course credit is based on completion of a minimum number of internship hours: 3 credits-60 hours, 4 credits-120 hours, 5 credits-180 hours, and 6 credits-240 hours.

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

Criminal Clinic II (Jean Ramirez)
LWVL516

2-6 credit(s)
Requirement: Skills
Concentration(s): Criminal Litigation (JD), Criminal Law (LLMC), Criminal Law (LLMG)
Prerequisite(s): Criminal Clinic I, Criminal Clinic I Prerequisites
Recommended Class(es): Criminal Procedure II

Students who have completed Criminal Clinic I, intern with a defense or prosecution trial agency in the criminal justice system. The Criminal Clinic II internship must be materially different than the Criminal Clinic I internship. There is no class component. This variable credit course is graded on a 4-tier Pass-Fail basis. Course credit is based on completion of a minimum number of internship hours: 2 credits-120 hours, 3 credits-180 hours, 4 credits-240 hours, 5 credits-300 hours, 6 credits- 360 hours. (The minimum number of internship hours for course credit differs from that of Criminal Clinic I, because Criminal Clinic I includes a class component.)

Note: There are limitations on JD concentration eligibility. Please check the Criminal Litigation Concentration web page for more information.
Additional Information: Criminal Litigation Concentration, Application, Registration Process

Criminal Procedure I (Kevin Cole)
LWCR520

3 credit(s)
Concentration(s): Criminal Litigation (JD), Criminal Law (LLMC), Criminal Law (LLMG)

This course explores constitutional limitations upon the investigation of crime under the fourth, fifth, sixth and fourteenth amendments. Its focus is on the law governing searches, seizures, and police interrogation. Topics include the nature of a fourth amendment search; arrest and investigative detention; warrants and exceptions to the warrant requirement; confessions; and the application of the exclusionary rules. This section will be team-taught by Professors Alschuler and Cole. Professor Alschuler will teach the first eight weeks of the class, and Professor Cole will teach the remainder. Each teacher will write and grade that portion of the final exam relevant to the material he covers, with the exception that questions relating to the scope of the exclusionary rules arise throughout the course and hence may be tested on any part of the exam. Professor Cole will use iClicker technology to provide feedback to students, but performance on the iClicker questions will not be factored into the course grade. iClickers will be provided to students at no cost provided that they are returned in good condition at the end of the course. Note: This is a required course for the Criminal Litigation Concentration (JD).

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

Criminal Procedure II (Hon. Richard Huffman)
LWCR525

3 credit(s)
Concentration(s): Criminal Litigation (JD), Criminal Law (LLMC), Criminal Law (LLMG)
Prerequisite(s): Criminal Procedure I

In this advanced criminal procedure class, students will continue the study commenced in Criminal Procedure I, focusing on the processing of a criminal defendant through the criminal justice system. The course will address a number of issues regularly presented in criminal cases, including the charging process, the right to a speedy trial, criminal discovery and disclosure, the right to jury trial, the right to effective assistance of counsel, the right to confrontation and the exercise of the privilege against self incrimination at trial. In addition the course will include discussions of the principles of the right against double jeopardy, and post conviction remedies such as direct appeal and petitions for habeas corpus. The purpose of the course is to develop an understanding of the basic structure of the criminal process in a federal system of government as well as the basic principles underlying the constitutional and procedural protections of the criminal justice system.

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

Cyberspace law (Jane Henning)
LWIP530

2 credit(s)
Concentration(s): Intellectual Property Law (LLMG), Intellectual Property (LLMC)

Cyberspace Law has been characterized as the study of how information is regulated in a world linked by computer networks. The focus on this class will be on jurisdiction, First Amendment, intellectual property, and privacy issues in cyberspace. Although students may have knowledge of these subjects from other courses, there are no prerequisites to this class. There will be a final examination at the end of the course.

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