Course Descriptions

Fall 2011 Class Descriptions

Education & Disability Clinic I (Margaret A. Dalton)
LWVL550

2-4 credit(s)
Requirement: Skills

Students receive practical training and experience in client intake, interviewing and counseling, file review and analysis, and legal representation in diverse forums. Some cases proceed to mediation and due process hearings, where students argue the case with support from the supervising attorney. Weekly group meetings are combined with individual case conferences to provide intensive personal training in case management. The classroom component also includes an overview of statutes and cases in this growing area of civil law. The clinic is graded on a 4-tier Pass-Fail basis. No prerequisites. Recommended: Special Education and the Law.

Education & Disability Clinic II (Margaret A. Dalton)
LWVL551

1-4 credit(s)
Requirement: Skills

Students receive practical training and experience in client intake, interviewing and counseling, file review and analysis, and legal representation in diverse forums. Some cases proceed to mediation and due process hearings, where students argue the case with support from the supervising attorney. Weekly group meetings are combined with individual case conferences to provide intensive personal training in case management. The classroom component also includes an overview of statutes and cases in this growing area of civil law. The clinic is graded on a 4-tier Pass-Fail basis. No prerequisites. Recommended: Special Education and the Law.

Education Law (Frank R. Kemerer)
LWFC530

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

This course examines the legal rights and responsibilities of administrators, teachers, parents, and students in public and private schools. Some attention also is given to post secondary education. Using California as a point of reference, the course focuses on federal and state law constituting the legal framework within which education is delivered. Through study of constitutional provisions, statutes, and judicial decisions, students review such topics as parent rights and responsibilities, school choice through charter schools and voucher programs, teacher and student rights, unions and collective bargaining, school finance issues, special education, personnel decision making, religion on campus, student discipline and due process, privacy rights, search and seizure, race and gender isolation and discrimination, and legal liability. The broader public policy dimensions underlying both the development of education law and the operation of schools and colleges are addressed. In addition to a course packet of edited cases and selected California statutes, students will read California School Law and its web-based updates coauthored by the instructor and published by Stanford University Press. Note: Students who enroll in this course will be particularly well prepared for Law and Politics of Educational Policy Development co-taught by the instructor during the Spring 2012 semester. This course encompasses field-based visits to the Bay Area and Sacramento to interact with key figures involved in state educational policy development.

Employment Law (Richard A. Paul)
LWPP537

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

This course offers students an overview of the important legal issues that are raised in the context of the employment relationship. We will discuss employment as a contractual agreement, including tort and statutory protections, such as wrongful discharge, wage and hour laws (FLSA), leave (e.g., FMLA), safety (OSHA and workers comp), unemployment insurance, discrimination (Title VII; ADA; ADEA), privacy and freedom of speech, and intellectual property issues such as R&D ownership, trade secrets and non-competition clauses. Throughout the course, student will be able to deepen their study of contract law, torts, and statutory and regulatory processes through the context of the law of the workplace.

Energy Law & Policy (Carrie A. Downey, Glen L. Sullivan)
LWPP540

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

Recognizing the importance of energy to the global economy and its role in global warming, Energy Law and Policy introduces students to the legal, regulatory, and economic concepts relevant to the changing electricity and natural gas industries in the U.S. The course will examine the history of and legal basis for regulation in the energy sector, including influential cases (e.g., Munn v. Illinois) and the federal statutory framework for energy sector regulation (e.g., PUHCA of 1935, PURPA of 1978, EPACT of 1992, EPACT of 2005). Students will review the administrative law process, focusing on the California Public Utilities Commission (CPUC) and Federal Energy Regulatory Commission (FERC), including the rate setting process for energy utilities and major regulatory orders and decisions that have shaped the industry. The course will trace the history of regulation in the electric and natural gas industries from early regulation to deregulation and discuss the current status of energy markets, including a detailed discussion of California’s energy crisis of 2000-2001. The course will examine the connection between energy and climate change and the range of market-based solutions currently being considered at the state, regional, and federal levels in the U.S. Students will also examine the role of distributed energy resources, including smart grid technologies, on-site solar energy technology, energy efficiency and demand response, in meeting future energy needs. Participants will be required to make an in-class presentation on a topical energy issue and to take a final examination.

Entertainment Law (Nicholas La Terza)
LWBC553

2 credit(s)

This course is designed to provide a comprehensive survey of transactional practice of law within the entertainment industry. The material will be presented from the perspective of the practitioner representing clients involved in the production and exploitation of films and programs intended for exhibition in theatres and on television. The course will examine the appropriate business entities to be utilized, and the various structures commonly employed to finance production. These include including distribution presales, network licenses, bank loans, completion bonds, tax shelters and various domestic and foreign governmental subsidies. Major studio versus independent production will be contrasted. Sources of revenue will be discussed, as well as the various forms of contingent compensation, including deferments and net,gross and adjusted gross participations.The course will also introduce the legal and business issues encountered in connection with the acquisition of underlying literary properties and agreements for the services of producers, writers, directors and actors (including minors). Specifically included in the analysis will be the considerable impact of the various guild agreements in connection with a number of issues, including compensation, residuals, and credit. The role of agents and managers, and the laws under which they function will also be addressed. The various forms of legal protection afforded intellectual property will be examined, including under copyright, implied contract theory, rights of privacy/publicity and other statutory and common law approaches. Typical transactions and forms of contracts will be discussed, with a view towards understanding the key issues involved, the positions customarily taken by each side and the compromises often reached. The overall goal of the course is to enable students to develop an informed and analytical approach to the practice of entertainment law. While knowledge of Copyright and related intellectual property law is helpful, the student will not be expected to bring to the course any specific prior understanding or experience in the area. This class meets for a total of 12 sessions and ends November 8, 2011.

Entertainment, Sports and Intellectual Property Internship Program (Lizzette Herrera Castellanos)
LWVL592

1 - 3 credit(s)
Requirement: Skills

The Entertainment, Sports and Intellectual Property Internship Program consists of a work component and a class component and allows students to earn academic credit for working in a law department of an entertainment or sports industry company, talent guild or trade association, or in the intellectual property law department of a company or trade association. Students work a minimum of 60 hours per unit of credit and may receive 1-3 credits. Students participate in primarily online 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 ESIP application below. The Internship is graded on a Pass-Fail basis.


Additional Information: ESIP Application, Contact Lizzette Herrera Castellanos

Entrepreneurship Clinic I (Donna Matias)
LWVL520

2-3 credit(s)
Requirement: Skills

Through hands-on opportunities, students in the Entrepreneurship Clinic provide pro bono legal services to low- and moderate-income entrepreneurs who want to start or expand their small businesses. The Entrepreneurship Clinic does not engage in litigation-related services; instead, it focuses on advising clients on legal matters relating to starting their business and assisting in drafting and filing necessary documents. Such work includes: determining the appropriate choice of business entity, assistance in obtaining necessary permits and licenses, advising on employment and independent contractor issues, drafting and reviewing commercial contracts and leases, and assisting with the establishment of tax-exempt organizations. The clinic is graded on a 4-tier Pass-Fail basis. No prerequisites.

Entrepreneurship Clinic II (Donna Matias)
LWVL521

2-3 credit(s)
Requirement: Skills

Through hands-on opportunities, students in the Entrepreneurship Clinic provide pro bono legal services to low- and moderate-income entrepreneurs who want to start or expand their small businesses. The Entrepreneurship Clinic does not engage in litigation-related services; instead, it focuses on advising clients on legal matters relating to starting their business and assisting in drafting and filing necessary documents. Such work includes: determining the appropriate choice of business entity, assistance in obtaining necessary permits and licenses, advising on employment and independent contractor issues, drafting and reviewing commercial contracts and leases, and assisting with the establishment of tax-exempt organizations. The clinic is graded on a 4-tier Pass-Fail basis. No prerequisites.

Environmental Clinic I (Richard J. Wharton)
LWVL525

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

This is a clinical course for students who wish to develop litigation skills in the context of environmental law. All work is performed under the direct supervision of the director of the Environmental Law Clinic. This clinic focuses on impact litigation. There is a two-hour per week classroom component, as well as a regular meeting with the director of the Environmental Law Clinic. Prerequisite: Environmental Law, which may be taken concurrently. The clinic is graded on a 4-tier Pass-Fail basis.

Environmental Law (James R. McCurdy)
LWEV520

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

This survey course addresses the principles that govern federal environmental law, including the respective roles of the courts, state and federal agencies, and citizen groups. Environmental statues covered include: The National Environmental Policy Act, Endangered Species Act, Clear Air Act, Clean Water Act, Resource Conservation and Recovery Act and Comprehensive Environmental Response, Compensation and Liability Act (Superfund).

ERISA (David P. Wolds)
LWTE518

2 credit(s)
Concentration(s): LLM in Taxation (LLMT), Labor and Employment Law (LLMG)
Prerequisite(s): Tax I

This course will consider Title I of the Employee Retirement Income Security Act of 1974, as amended, and its implications for employee benefit plan administration and litigation. Attention will be devoted to fiduciary conduct, investment management concerns, reporting and disclosure rules, federal preemption of state laws, and employees benefit claim and fiduciary litigation. Tax I is a prerequisite. LLM in Taxation students may take Tax I concurrently. This is an advanced tax course with priority enrollment for LLM in Taxation students.

European Legal Cultures (Pierre Legrand)
LWIC520

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

This year's edition of the course focuses on French legal culture, one of the most influential legal models in history. It examines the way in which French judges, lawyers, and academics think about the law and about the role of law in society. It also considers the impact of Europeanization of law on French ways. The course seeks to achieve two main goals. First, it wants to equip the U.S. law student with a grasp of what can be surprisingly different sets of assumptions and, through this familiarization, to facilitate eventual interaction on the international legal and business scene. Secondly, it seeks to enhance critical reflection on U.S. law. 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.

European Union Commercial Law (Jens Schovsbo, Vibe Ulfbeck)
LWIC522

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

As business is becoming more international so must the law and lawyers. In a world of international trade and transactions companies and their advisers need to have a global legal horizon. Until quite recently, it would not have made any practical sense to talk about an “EU commercial law”. However, due to the ongoing harmonization of the law of the EU countries a body of truly common European law is emerging from the melting pot of the national laws and traditions and EU institutions and courts. The course draws on the results of 30 years of continued and ongoing EU harmonization to provide US law students with an overview of some of the central aspects of European commercial law. The course focuses on the practical legal problems facing an American enterprise doing business in Europe but at the same time provides for a basic understanding of the EU legal framework. After a brief general introduction to EU law the course falls in two parts. Part I deals with the transfer of goods and covers such topics as general contract law (PECL Principles of European Contract Law), the EC directive on Unfair Contract Terms, the EC directive on Products Liability and central liability rules related to the transportation of goods. Part II deals with the trade in intangible rights notably patents and trademarks. This part opens with a general presentation of the European systems for the protection of inventions and trademarks. It then moves on to discuss aspects relating to the exercise of those rights in regard to the Treaty rules on the free movement of goods (“parallel importation” and the principle of “exhaustion of rights”) and to tech-trans agreements and other issues involving competition law. The course requires no prior knowledge of European law. This class will have a final examination. (Class meets from October 11 – 27, 2011.) Information on course material will follow.

Evidence (Kevin Cole)
LWLP529

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

The rules of evidence in judicial tribunals, focusing on the Federal Rules of Evidence and the California Evidence Code, are addressed in this course. Also covered are issues relating to: (1) judicial control and administration - functions of judge and jury, judicial notice, burden of proof presumptions, problems of relevancy, circumstantial evidence, and unfair prejudice; and (2) witnesses - competency, privileges, principles of examination and cross-examination, impeachment and support, expert and lay opinion testimony. The hearsay rule and its exceptions, rules relating to writings, real and scientific evidence are also examined. Twenty percent of the final grade will be based on students’ responses to in-class questions using I-Clicker technology. The law school will provide an I-Clicker to each student free of charge if the device is returned in acceptable condition at the end of the semester; otherwise, a fee of $40 will be assessed. Additional information on loaner distribution will be forthcoming. If you miss a class, you will not be able to earn points for the questions asked that day; however, students will have their four lowest-scoring classes disregarded in computing their grade, which will provide a cushion for students who must miss some classes. The final exam will be completely closed book and will consist of some “objective” and some essay questions.

Note: This is a required course for the Civil Litigation (JD) and Criminal Litigation (JD) concentrations.
Additional Information: I-Clicker

Evidence (Michael Devitt)
LWLP529

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

The rules of evidence in judicial tribunals, focusing on the Federal Rules of Evidence and the California Evidence Code are addressed in this course. Also covered are issues relating to: (1) judicial control and administration - functions of judge and jury, judicial notice, burden of proof presumptions, problems of relevancy, circumstantial evidence, and unfair prejudice; and (2) witnesses - competency, privileges, principles of examination and cross-examination, impeachment and support, expert and lay opinion testimony. The hearsay rule and its exceptions, rules relating to writings, real and scientific evidence are also examined.
Note: This is a required course for the Civil Litigation (JD) and Criminal Litigation (JD) concentrations.

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