Course Descriptions

Spring 2012 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), LLM in International Law (LLMI)
Prerequisite(s): Immigration Clinic I

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.

Income Tax of Trusts & Estates (Ann Harris)
LWTE536

3 credit(s)
Concentration(s): LLM in Taxation (LLMT)

The federal income taxation of trusts, estates, and their beneficiaries; distributable net income; distribution deductions for simple and complex trusts and estates; grantor trusts; income in respect of a decedent; and throwback rules. Prerequisites: Both Tax I and T&E: Wills & Trusts. This is an advanced tax course with priority enrollment for LLM in Taxation students.

International Arbitration (Richard W. Page)
LWIC530

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

This is an introduction to arbitration in general and international arbitration in particular. The course will be taught from the perspective of a lawyer with international clients who practices (or hopes to practice) in California. That lawyer will need to know about: (1) the advantages and disadvantages of arbitration, (2) the legal framework for domestic and international arbitration, (3) the drafting and enforceability of the agreement to arbitrate, (4) choice of administering institution and the arbitration rules, (5) selection of the arbitration panel, (6) conduct of the arbitration hearing, and (7) enforceability of the final arbitration award. The course materials will be a recent casebook on "International Commercial Arbitration" and a statutory supplement. The final exam will be held during the last class meeting. Students are graded by the standard letter grading system.

International Energy Regulation (Nilmini Silva-Send)
LWIC542

3 credit(s)
Requirement: Writing
Concentration(s): Environmental and Energy Law (LLMG)

This 3 credit course on a contemporary global topic will introduce students to international legal principles (sovereignty, territoriality, no harm, compensation for expropriation, liability etc) and relevant treaties, especially the ECT, that govern the interaction between states, agreements/contracts and negotiations between states (public) and multinationals (private), and other legal issues facing the exploration, supply of and investment in energy resources. It will examine the role of major international organizations in the energy sector, such as OPEC, the OECD, the IEA, the UN, the EU as well as the role of NGOs. International energy disputes can be investment disputes most often resolved by arbitration as the preferred mode with ICSID the largest forum of choice. International energy disputes can also be environmental and human rights disputes, litigated in international courts and national courts. While using oil, natural gas and nuclear power as examples for the course, we will look toward the future and evaluate the international legal and policy issues facing the development and expansion of renewable energy, such as biofuels and solar power. This course will be examined by a research paper in place of a final examination. Successful completion of the paper will fulfill the writing requirements of the school of law.

International Intellectual Property (Lisa P. Ramsey)
LWIP545

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

This course examines international protection of intellectual property. We will discuss international treaties, trade agreements, and dispute resolution systems relating to trademarks, patents, copyrights, and related rights. The course will also cover acquisition and enforcement of intellectual property rights in foreign markets. Prerequisites: None

International Negotiation (Charles B. Wiggins)
LWIC548

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

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 Organizations (Jorge A. Vargas)
LWIC552

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

The course is designed to analyze some of the major international environmental problems of interest to the United States. A wide variety of current and traditional transborder legal questions regarding international rivers, marine and air pollution, toxic waste and hazardous materials, endangered species, and nuclear radiation are discussed. Special emphasis is given to contemporary legal questions, including a special segment devoted to analyzing the bilateral environmental issues with Canada and Mexico. A research paper is required.

International Sales (William H. Lawrence)
LWIC555

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

This course focuses on the United Nations Convention on the International Sale of Goods (CISG), with comparisons to domestic law (the UCC in particular). Considerable time is devoted to the application of the CISG to problems that typically arise in international sales transactions. The course does not include an exam. Students instead prepare written memos that reflect the type of assignments they can expect in practice with a law firm.

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 (Michael Devitt)
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.

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