Course Descriptions

Fall 2011 Class Descriptions

Immigration Clinic I (Jan Joseph Bejar)
LWVL530

2-4 credit(s)
Requirement: Skills
Concentration(s): Public Interest Law (JD), LLM in International Law (LLMI)

Students gain practical experience through interviewing, counseling, and representing clients with immigration-related problems. Students complete forms and draft documents on behalf of clients. Students also attend and/or participate at hearings at Immigration Court. Weekly meetings are held with the clinic supervisor to discuss immigration law, practical application and casework. The clinic is graded on a 4-tier Pass-Fail basis. No Prerequisites.

Immigration Clinic II (Jan Joseph Bejar)
LWVL531

2-4 credit(s)
Requirement: Skills
Concentration(s): Public Interest Law (JD), International Law (LLMC)

Students gain practical experience through interviewing, counseling, and representing clients with immigration-related problems. Students complete forms and draft documents on behalf of clients. Students also attend and/or participate at hearings at Immigration Court. Weekly meetings are held with the clinic supervisor to discuss immigration law, practical application and casework. The clinic is graded on a 4-tier Pass-Fail basis. No Prerequisites.

Intellectual Property Survey (Lisa P. Ramsey)
LWIP550

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

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

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

International Business Transactions (Michael D. Ramsey)
LWIC533

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

This course provides an introduction to the legal aspects of private international sales and investment transactions. Topics include sales contracts, letters of credit, bills of lading, investment and financing contracts, and resolution of private sales and investment disputes. Regulatory aspects of international transactions, including export licensing, regulatory jurisdiction, and the Foreign Corrupt Practices Act, will also be considered. The focus will be transactional, with attention to the structure of private relationships and the anticipation and avoidance of litigation.

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

International Contracts (Herbert I. Lazerow)
LWIC537

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

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

International Criminal Law (David W. Brennan)
LWIC535

3 credit(s)
Requirement: Writing
Concentration(s): International Law (JD), LLM in International Law (LLMI)

This course will initially address the general nature of international criminal law and the hierarchy of crimes as it relates to individual, state and other responsibilities along with the important concept of universal jurisdiction for certain classes of crimes. The study will then focus on the United States Constitution and our approaches to international criminal law in case law that includes military commissions and court martial processes. The legal rationales for states to exercise of jurisdiction over the person will be examined under the processes of extradition, rendition, deportation and extraterritorial abductions. Considerable attention will be given to the international tribunals that followed World War II and the later ad hoc tribunals that preceded the creation of the Rome Statute (1998) for the International Criminal Court in The Hague with its jurisdiction over the crime of genocide, crimes against humanity, war crimes and crimes of aggression. The course will review some of the major jurisprudence from domestic and international tribunals on the subject of international criminal law as well as decisions from the International Court of Justice. The contemporary issues of piracy, terrorism, genocide, torture & inhumane treatment, drug trafficking, money laundering and human trafficking will cover most of the final segment of the course. A lecture-seminar approach will be used for the classes that will require class participation. The final grade for the class will be based primarily on the submission of an approved-topic paper that will satisfy the writing requirement for graduation.

International Finance Techniques (John I. Forry)
LWIC541

3 credit(s)
Concentration(s): International Law (JD), Business and Corporate Law (JD), LLM in International Law (LLMI), Business and Corporate Law (LLMC)

International finance techniques have become increasingly effective but technically challenging. This course first covers key legal and tax issues common to most international financing. Separate units then cover several of the most common cross-border finance techniques, analyzing key elements of each technique and providing examples of legal and tax regimes and specific transactions to illustrate such techniques. The course concludes by identifying several areas of opportunity, as well as certain ethical issues, applicable to international finance. At the beginning of the course, students are assigned to teams. Each team is provided with a brief case study proposing one of the finance techniques covered in the course, and makes a presentation in the final sessions of the course and later submits a paper covering key elements and issues of the finance technique in its case study. In addition, each student’s course grade may be increased (but not decreased) based upon classroom performance by one grade level (e.g., from B to B+). One or more previous courses in finance or taxation are recommended, but not required. Students who have taken or intend to enroll in Taxation of International Finance are not eligible to enroll in this course.

International Human Rights (Michael J. Perry)
LWIC543

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

An introduction to international human rights. Among the topics to be discussed: UN-sponsored human rights treaties; the morality of international human rights, with particular reference to capital punishment, abortion, and same-sex marriage; the International Criminal Court; humanitarian intervention; globalization and human rights. The grade for the course will be based both on class participation and on a take home exam. This class starts August 31, 2011.

Note: Students may only elect this course or International Redress for Human Injustice to count toward the International Law Concentration (JD).

International Negotiation (Allen C. Snyder)
LWIC548

3 credit(s)
Requirement: Skills
Concentration(s): LLM in International Law (LLMI), International Law (LLMC), Labor and Employment Law (LLMG)

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

International Sports Law (James R. McCurdy)
LWIC556

2 credit(s)
Concentration(s): LLM in International Law (LLMI), LLM in Taxation (LLMT)

International aspects of the sports law of the U.S., EU and other countries, including regulation of the Olympics, disputes between athletes and sports governing bodies, the jurisdiction and operation of the Court of Arbitration for Sport and its developing body of sports law, and current matters such as doping, labor, competition, and other issues.

International Tax Policy (Karen C. Burke)
LWTE540

2 credit(s)
Requirement: Writing
Concentration(s): LLM in Taxation (LLMT)
Prerequisite(s): Tax I
Recommended Class(es): Tax II

The first portion of this seminar provides a basic survey of major international tax issues relating to cross-border transactions, including residency, source, taxation of business and investment activities of U.S. persons abroad and foreign persons within the U.S., entity classification, the foreign tax credit, and transfer pricing. In the second portion of the seminar, students will independently explore current international tax topics, such as proposals to address tax haven abuses, strengthen anti-deferral provisions, and move toward a territorial system. The seminar is intended primarily for JD students seeking an introduction to structural policy issues in the international arena. Prerequisite: Tax I is required; Tax II may be useful. The student’s grade is based on seminar participation and a written paper. Satisfactory completion of the course will meet the upper-class writing requirement for the JD degree (and the Tax Policy requirement for the LLM Taxation degree).

International Taxation (Dennis Lilly)
LWTE539

3 credit(s)
Concentration(s): Business and Corporate Law (LLMC), LLM in International Law (LLMI), International Law (JD), Business and Corporate Law (JD), LLM in Taxation (LLMT)
Prerequisite(s): Tax I
Recommended Class(es): Tax II

This basic course in international taxation will focus on the principles relating to the taxation of foreign persons (individuals as well as legal entities) by the United States and the U.S. taxation of income received by U.S. individuals and entities from activities abroad. Topics will include principles of international tax jurisdiction; rules relating to the source of income and deductions; the foreign tax credit; Section 482 and transfer pricing; foreign currency translations; international double taxation treaties and an introduction to controlled foreign corporations. This is an advanced tax course with priority enrollment for LLM in Taxation students.

Note: Students who have taken OUTBOUND INTERNATIONAL TAX PLANNING (Pugh) and/or TAXATION ON INTERNATIONAL TRANSACTIONS (Lazerow) are not eligible to enroll in this course.

Interviewing & Counseling (Theresa J. Player)
LWLP535

3 credit(s)
Requirement: Skills
Concentration(s): Criminal Law (LLMG)

This course provides advanced training in the skills of client interviewing and counseling. The first part of the course is devoted to learning the specific micro-skills that make up effective interviewing through readings, demonstrations and role-plays. The second- part focuses on the counseling dimension of lawyer-client relationships. In addition to classroom preparation and activities, students will interview actual clients in various locales, including the USD Legal Clinic, the San Diego County Law Library Clinic, and several senior citizen centers. Ethical issues unique to interviewing and counseling are emphasized. Lawyering Skills II or Practicum is highly recommended, but not required. Enrollment is limited; attendance at first class meeting is mandatory. The course is graded on a 4-tier Pass-Fail basis.

Intro to US Law
LWGC530

2 credit(s)

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

Note: This course is for LLMC students only.

Introduction to the Study of Law
LWAA505

1 credit(s)

Introduction to the Study of law is a 1-credit, fall semester-only course designed to provide first-year law students with an introduction to the legal system and profession, and to assist in the development of analytical reasoning skills. The course provides students with an introduction to legal education, the legal profession, and the legal system in general. Topics include: the structure of the American government and court systems; types, sources and meanings of law; tools of interpretation; techniques for understanding and analyzing legal problems; and professionalism. The course also introduces students to professional skills opportunities while in law school and techniques in organization, time-management, and exam preparation. Student learning will be evaluated through short writing assignments and objective in-class quizzes. This course is graded on a “pass/fail” basis.

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