Course Descriptions

Fall 2012 Class Descriptions

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

4 credit(s)
Requirement: Skills
Concentration(s): Public Interest Law (JD)

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.

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

1-4 credit(s)
Requirement: Skills
Concentration(s): Public Interest Law (JD)

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.

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

4 credit(s)
Requirement: Skills
Concentration(s): Public Interest Law (JD)

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.

Child Advocacy Clinic: Dependency II (Robert C. Fellmeth)
LWVL508

1-4 credit(s)
Requirement: Skills
Concentration(s): Public Interest Law (JD)

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.

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

1-3 credit(s)
Requirement: Skills
Concentration(s): Public Interest Law (JD)

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.

Child Rights & Remedies (Robert C. Fellmeth)
LWFC520

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

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 , Oral Advoacy Skills (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 Gruber, Allen C. Snyder)
LWVL511

3-4 credit(s)
Requirement: Skills
Concentration(s): Civil Litigation (JD)
Prerequisite(s): Civil Procedure, Evidence , Oral Advocacy Skills (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 Procedure I (Staff)
LWAA510

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.

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

Civil Procedure I (Jane Henning)
LWAA510

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.

Climate Change Law & Policy (Lesley K. McAllister)
LWEV503

3 credit(s)
Requirement: Writing
Concentration(s): Public Interest Law (JD), Environmental and Energy Law (JD), Environmental and Energy Law (LLMG)

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).

Comparative Law (Pierre Legrand)
LWIC518

2 credit(s)
Concentration(s): International Law (LLMC), LLM in International Law (LLMI), International Law (JD)

Most courses in law school are about U.S. law. This course is different: it focuses on foreign law. Obviously, foreign law matters to all U.S. lawyers operating on the international scene, for example in international business or in international arbitration. And just as evidently, foreign law can be very important within national law also. Indeed, a huge quantity of legal situations in the U.S. involve foreign law. Think of a contract entered into in New York governed by German law or of a deceased person from San Francisco bequeathing real estate in France or of the victims of a massive chemical explosion in India suing in U.S. courts. More controversially, there are those (including a number of U.S. Supreme Court Justices) who claim that, in an age of globalization when the U.S. is more interconnected with the rest of the world than ever before, U.S. law ought to derive inspiration from foreign law, for instance in constitutional litigation involving the death penalty or the rights of sexual minorities. This course will apply itself to this debate and discuss to what extent foreign law can or must act as persuasive authority in the U.S. In the process, it will consider two related questions, both of them fundamental. First, how can a U.S. lawyer get to know foreign law despite all the cultural differences arising across laws? Secondly, to what extent is meaningful understanding of foreign law possible? As regards these issues, various theoretical topics will be raised from an interdisciplinary perspective and some case-studies will be considered. This 2-credit course is taught from mid-August until late September and the final “take-home” examination is set towards the end of September. No prior knowledge of foreign law or of a foreign language is required. Enrollment is limited to 30 students.

Constitutional Law I (Laurence Claus)
LWAA555

4 credit(s)

The study of 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 - in particular the tax, treaty, war and commercial powers. In addition, the course will discuss freedom of speech, takings, and contract clause issues.

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

Constitutional Law II (Christopher Green)
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 Theory (Connie S. Rosati)
LWPP529

3 credit(s)
Requirement: Writing
Prerequisite(s): Constitutional Law I, Constitutional Law II or concurrent enrollment

In this course, we will explore a number of controversial Supreme Court cases that were decided under the Bill of Rights and the 14th Amendment requirements of "due process" and "equal protection." Our aim will be to consider not only the relevant law but the important questions these cases raise about how to interpret the Constitution and adjudicate constitutional cases. Many of the Court's more controversial decisions, such as its decision in Roe v. Wade, have concerned "uneumerated rights." What is the distinction between enumered and unenumerated rights? Why would cases involving unenumerated rights raise special concerns? Claims about the proper interpretation of the Constitution is a "living document." What is the role of "original meaning" in constitutional interpretation and adjudication? In what sense, if any, is ours a "living constitution"? We will consider these and other theoretical questions as we examine the Supreme Court's principal decisions regarding contraception, abortion, assisted suicide, marriage, homosexuality, and gun ownership. Prerequisite: Constitutional Law I. Pre or Co-requisite: Constitutional Law II Students cannot enroll in this class if they have taken Phil Foundation of the American Constitution or will be taking it in fall 2012.

Corporate Counsel Internship ( Staff)
LWVL591

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

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.

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 clinic qualifies for the concentration
Additional Information: JD Concentrations Web Page, Email Law Student Affairs

Corporate Finance (Jordan M. Barry)
LWBC530

3 credit(s)
Concentration(s): Business and Corporate Law (JD)
Prerequisite(s): Corporations

This course covers the core concepts of finance as they relate to the study and practice of law. The course is designed to accommodate both students with no background in finance as well as those with substantial knowledge of the field. It will start with basic financial literacy and will build toward more advanced topics, such as financial statement analysis, valuation of stocks and bonds, risk management, portfolio theory, derivatives, and corporate financial management. The course includes quantitative concepts and exercises, and students will be required to use a spreadsheet program, such as Microsoft Excel. This class will be of particular value to students who intend to pursue transactional legal practice, but it will also be valuable to litigators.

Corporations (Lynne L. Dallas)
LWBC545

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

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).

Corporations (Frank Partnoy)
LWBC545

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

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).

Corrections & Sentencing (Alex Landon)
LWCR510

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

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 school’s written work requirement.

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

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

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 two placement components. NOTE: PLEASE PLAN YOUR CLASS SCHEDULE ACCORDINGLY. In class on Wednesdays from 10:30 to 11:45 a.m., you will address the legal, procedural, ethical, social, and cultural issues that arise in the course of your field work. Some additional classes are scheduled on Friday afternoons to 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.) There are two placement requirements. The first involves assisting the Deputy Public Defender in the Felony Arraignment Department of the Superior Court one afternoon of your choosing each week throughout the semester by interviewing and advising defendants charged with felony offenses on a criminal complaint to prepare them for arraignment and a bail hearing. The second placement requirement involves interviewing and counseling people who are chronically homeless at the Welcome Door Foundation offered by the Pacific Beach United Methodist Church later on in the semester on several Wednesday evenings beginning at 5:30 p.m. Enrollment is limited to ten. This course is graded on a four-tier pass-fail basis. A security clearance by the Department of the Public Defender is required BEFORE the beginning of the semester, and requires about four weeks to complete. 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 (Laura M. Berend)
LWVL515

4 credit(s)
Requirement: Skills
Concentration(s): Criminal Law (LLMC), Criminal Litigation (JD), Criminal Law (LLMG)
Prerequisite(s): Evidence, Criminal Law, Criminal Procedure I, Oral Advocacy Skills (LS II)
Recommended Class(es): Criminal Procedure II

This is a clinical course that places students with a prosecuting or defending trial agency in the criminal justice system. Criminal Clinic I has a two-hour per week advanced trial practice class component that requires students to engage in courtroom simulations, prepare motions, and participate in discussions in the most common areas of criminal practice. An academic subject matter foundation provided by completion of the prerequisites is required. Prerequisites: Evidence, Criminal Law, Criminal Procedure I, and Oral Advocacy Skills (LS II) or equivalent experience at the discretion of the instructor. Recommended but not required: Criminal Procedure II. Important Note: The application deadline is Friday, April 13, 2012. Eligible students must submit an application to obtain approval to enroll. The clinic is graded on a 4-tier Pass-Fail basis.

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

Criminal Clinic II (Laura M. Berend)
LWVL516

2-6 credit(s)
Requirement: Skills
Concentration(s): Criminal Law (LLMC), Civil Litigation (JD), Criminal Law (LLMG)
Prerequisite(s): Evidence, Criminal Law, Criminal Procedure I, Oral Advocacy Skills (LS II)
Recommended Class(es): Criminal Procedure II

This is a clinical course that places students with a prosecuting or defending trial agency in the criminal justice system following completion of Criminal Clinic I. Students earn one credit for each four hours of work per week. Placements must be substantially different than placements completed for Criminal Clinic I. Students meet individually with the professor several times during the semester to evaluate their placement experience, maintain journals documenting their work, and prepare two papers. Recommended but not required: Criminal Procedure II. Important Note: The application deadline April 13, 2012. Please contact Professor Berend for information and additional registration materials. The clinic is graded on a 4-tier Pass-Fail basis.

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

Criminal Law (Staff)
LWAA525

4 credit(s)
Concentration(s): Criminal Law (LLMC), Criminal Law (LLMG)

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 (Hon. Richard Huffman)
LWCR520

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

Criminal Procedure I (Maimon Schwarzschild)
LWCR520

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

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.

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

Criminal Tax Fraud (Richard Carpenter)
LWTE512

2 credit(s)
Concentration(s): LLM in Taxation (LLMT)
Prerequisite(s): Tax I

This course examines the type of conduct which can trigger the imposition of criminal tax charges. We will review the various Title 26 tax crimes (including tax evasion, tax perjury, failing to file, aiding and assisting), Title 18 tax crimes (including false claims, false statements and conspiracy), and Title 31 tax crimes (including currency reporting requirements). We will also review the various methods of proof used by prosecutors and also discuss the various defenses available, along with federal sentencing guidelines and related civil tax issues. This is an advanced tax course with priority enrollment for LLM in Taxation students.

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