Course Descriptions

Spring 2012 Class Descriptions

Labor Law (David P. Wolds)
LWLP545

2 credit(s)
Concentration(s): Labor and Employment Law (LLMG)

This course offers an introduction to federal labor laws that effect collective bargaining relationships, negotiated agreements, National Labor Relations Board rules and procedures, federal court jurisdiction, labor arbitration, and the rights of individual union members. This course will not consider other employment laws, employment litigation, or alternative dispute resolution procedures that are covered in other classes offered by the School of Law or the employee benefits class offered by the Graduate Tax Institute. This class requires no prerequisite course work.

Land Use Clinic I (Susan Quinn)
LWVL535

2-4 credit(s)
Requirement: Skills
Concentration(s): Public Interest Law (JD), Environmental and Energy Law (LLMG)

The Land Use Clinic provides students with the opportunity to become involved in land use and land development issues. Students are placed with government agencies, elected officials or attorneys in private practice. Most placements are with the City of San Diego and include the City Attorney’s Office, the Mayor’s Office, and City Council offices. Students work under the supervision of an attorney. Student work usually focuses on local issues including the procedures for siting cell phone towers, the regulation of adult entertainment and cardrooms, reviewing environmental documents, attending community meetings and issues involving affordable housing. The weekly two-hour classroom component covers the basic statutory and regulatory framework of land use law and procedures. In addition to the class students are required to attend one local community planning group meeting. The clinic is graded on a 4-tier Pass-Fail basis. No prerequisites.

Land Use Clinic II (Susan Quinn)
LWVL536

2-4 credit(s)
Requirement: Skills
Concentration(s): Public Interest Law (JD), Environmental and Energy Law (LLMG)

The Land Use Clinic provides students with the opportunity to become involved in land use and land development issues. Students are placed with government agencies, elected officials or attorneys in private practice. Most placements are with the City of San Diego and include the City Attorney’s Office, the Mayor’s Office, and City Council offices. Students work under the supervision of an attorney. Student work usually focuses on local issues including the procedures for siting cell phone towers, the regulation of adult entertainment and cardrooms, reviewing environmental documents, attending community meetings and issues involving affordable housing. The weekly two-hour classroom component covers the basic statutory and regulatory framework of land use law and procedures. In addition to the class students are required to attend one local community planning group meeting. The clinic is graded on a 4-tier Pass-Fail basis. No prerequisites.

Landlord Tenant Clinic I (Allen Gruber)
LWVL537

2-4 credit(s)
Requirement: Skills

Students interview, counsel, and represent clients in Superior Court unlawful detainer trials, in administrative hearings involving federally subsidized Section 8 termination proceedings, in Superior Court involving Writs of Administrative Mandamus, and in the Appellate Department of the Superior Court and the Fourth District Court of Appeal involving appeals from the various trial court proceedings. An adjunct professor/attorney supervises students, who draft pleadings and correspondence, conduct discovery, and 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 and Evidence. Preference will be given to those applicants who have taken Practicum or Lawyering Skills II, and who are willing to take three units. The clinic is graded on a 4-tier Pass-Fail basis.

Landlord Tenant Clinic II (Allen Gruber)
LWVL537

3-4 credit(s)
Requirement: Skills

Students interview, counsel, and represent clients in Superior Court unlawful detainer trials, in administrative hearings involving federally subsidized Section 8 termination proceedings, in Superior Court involving Writs of Administrative Mandamus, and in the Appellate Department of the Superior Court and the Fourth District Court of Appeal involving appeals from the various trial court proceedings. An adjunct professor/attorney supervises students, who draft pleadings and correspondence, conduct discovery, and 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 and Evidence. Preference will be given to those applicants who have taken Practicum or Lawyering Skills II, and who are willing to take three units. The clinic is graded on a 4-tier Pass-Fail basis.

Latin American Law & Institutions (Horacio Spector)
LWIC559

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

There is a great distance between current legal institutions in Latin America and those that were originally designed and established Latin American constitutions drew a lot on the U.S. Bill of Rights and the French Declaration of the Rights of Man. In fact, they instituted representative democracy, the inviolability of individual rights, and untrammeled economic freedom. During the twentieth century Latin American countries suffered from great political and legal instability, civil wars, massive human rights violations, economic crises, and a great number of experiments in land reform, emergency powers, financial confiscations, and constitutional engineering. All these phenomena have impinged on Latin American institutions, legal culture, and social norms, thus creating what may be the most impressive natural socio-legal laboratory on earth. The course will be theoretically minded. It will discuss selected problems in Latin American law and institutions in the light of law and economics, law and development, and social and political philosophy. No prior knowledge about Latin American politics or law will be needed. The lessons to be drawn can be generalized to illuminate current legal and social problems in other developing countries and elsewhere. They can also serve to assess various theoretical paradigms.

Law & Economics (Christopher T. Wonnell)
LWPP550

3 credit(s)
Requirement: Writing

This course introduces the student to the burgeoning field of legal thought on the intersection of law and economics. It analyzes a wide variety of legal institutions, including property, contract, tort, criminal law, corporate law, and antitrust, from the perspective of the incentive structures that are created by these institutions. In that sense, economic analysis is a value-neutral scientific exploration of cause and effect. However, we will also use economics to ask important normative questions about the legal fields we study. Do the legal rules in these areas result in activity that is privately profitable but socially wasteful? Would alternative legal rules more efficiently coordinate private activity in the service of the public good? There are no prerequisites for this course. All students enrolled in this class must take the final exam. Students can also complete a paper (along with taking the final exam) that will fulfill the written work requirement.

Law & Politics of Educ Policy Development (Frank R. Kemerer)
LWPP556

3 credit(s)
Requirement: Writing
Concentration(s): Public Interest Law (JD)
Prerequisite(s): Education Law

Educational policy development at the local and state level is a complex and convoluted process. To give a limited number of law students and graduate education students an inside look on how educational policy is formulated, the School of Law and the School of Leadership and Education Studies are co-sponsoring this seminar under the auspices of the Center for Education Policy and Law (CEPAL). The course encompasses readings, cases, and deliberations with the instructors and guest presenters, as well as interaction in the Bay Area and Sacramento with researchers, interest groups and labor unions, advocacy-based think-tanks, and key elected and appointed governmental officials. The seminar this semester will focus on three key areas of law and policy: (1) increasing use of technology on and off campus through electronic communication devices and on-line learning; (2) school and community college accountability and finance reform; (3) teacher tenure, assessment, and layoff. Two field trips will be conducted during the semester. The one-day Bay Area field trip will include discussions with educational policy researchers and commentators at the Stanford School of Education and Stanford Law School. The class also will meet with the general counsel and key leaders of the California Teachers Association in Burlingame. The one-day Sacramento field trip will feature discussions with elected and appointment policymakers in the Governor’s office, state legislature, and education agencies. Student travel will be funded through CEPAL. A research paper on a topic of the student’s choice related to educational policy development and a class presentation based on the paper are required. This is a paper course that will fulfill the written work requirement. Co-teaching the course will be Scott Himelstein, former Acting and Deputy Secretary of Education for the State of California. Class sessions will be held on eight selected Thursday evenings to be announced at the first class meeting. Of the eight sessions, three will be devoted to student presentations and one to a debriefing following the field trips. Note: Enrollment is limited initially to six law students. Prerequisite: LWFC 530 Education Law. If spaces are available when the first class is held, additional law students will be admitted from the waitlist. Those who are familiar with education law through other courses and/or experiences may enroll with instructor permission once all law students meeting the preequisite have had an opportunity to enroll.

Law of American Democracy (Carl A. Auerbach)
LWPP560

3 credit(s)
Requirement: Writing
Concentration(s): Public Interest Law (JD)

The seminar will explore the ways in which our Constitution and legislation implement the principle that democratic government is based on the consent of the governed. It will begin by examining democratic structures that differ from our own. It will then consider our federalism and the bicameral structure of our federal government; our system of legislative representation; the electoral college and selection of the President (including the election of 2000); the role and regulation of political parties and our two-party system; campaign finance (money and politics); proposals for electoral reform, including term-limits; the function of judicial review in a democracy, including judicial selection; and direct democracy at the local level, particularly in California. This class will fulfill the written work requirement.

Law of Love (Shaun P. Martin)
LWGC555

3 credit(s)
Requirement: Writing

Why can (or can't) you marry your cousin? Or a member of your same gender? Why can't you have two wives? Or three husbands? What about intimate relations with your brother? Okay? What about a 14-year old? Or a chicken? Can you be sued, or jailed, if you fornicate? Or commit adultery? What are the legitimate boundaries of the sex industry? Or of a first date? Can you be held liable if you say you're sterile but aren't? Or say you're disease-free? Or that you're going to marry someone just so they'll sleep with you? Who gets the ring when an engagement breaks off? Is it a tort if you're injured during sex? In short, how does the law regulate intimate relations? This class addresses the many forms of this issue. This is a paper course that will fulfill the written work requirement.

Law of the Sea (Jorge A. Vargas)
LWIC560

3 credit(s)
Concentration(s): International Law (LLMC), LLM in International Law (LLMI), Public Interest Law (JD), International Law (JD), Environmental and Energy Law (LLMG)

Instruction concentrates on the origins and development of the legal regime applicable to the uses and resources of the oceans. Special consideration is given to the formulation and codification process of this dynamic branch of public international law, in particular the work and final outcome of the Third United Nations Conference on the Law of the Sea. Topics for analysis also will include fishing activities, maritime delimitation, pollution, marine scientific research, and U.S. policy regarding law of the sea matters. A research paper will be required.

Lawyering Skills I (Staff)
LWAA545

1 credit(s)

This course is offered in small sections with very low student-faculty ratios. Faculty carefully review each student's writing assignments and students are provided many opportunities to revise their work. Students do their research assignments at the Law School's state-of-the-art Legal Research Center. In addition, each student is trained on both the Westlaw and Lexis computer-assisted legal research systems. Students are also carefully trained in oral advocacy skills. After writing an appellate brief, each student delivers an oral argument based on the brief, first for the instructor and then before a panel of attorneys.

Lawyering Skills II (Allen C. Snyder)
LWLP550

3 credit(s)
Requirement: Skills
Concentration(s): Civil Litigation (JD), Criminal Litigation (JD)

Students receive training in a variety of legal skills, including interviewing, counseling, negotiating, drafting memos, discovery, and trial advocacy. The course is specifically designed to follow-up on and expand the skills introduced to the student in Lawyering Skills I. The course methodology combines lectures, demonstrations and individual student performances in small groups with extensive critique and feedback by small group instructors who are experienced practitioners. The course culminates in a mock trial. Four-tier Pass/Fail grading.

Note: Students may only elect this course or Practicum--Civil to count toward the Civil Litigation Concentration (JD).

Lawyering Skills LLMC (Gail Greene)
LWGC560

1 credit(s)

This course is offered in small sections with very low student-faculty ratios. Faculty carefully review each student's writing assignments and students are provided many opportunities to revise their work. Students do their research assignments at the Law School's state-of-the-art Legal Research Center. This course is open to students in the LLM in Comparative Law for Foreign Lawyers program.

Legal Drafting (Elaine Edelman)
LWGC563

2 credit(s)

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. One or more attorneys whose practices include drafting work will appear in class to give students practical feedback on their work. 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.

View by Semester

Click on a semester below, then narrow your search by choosing a sub-item.