Course Descriptions

Fall 2011 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 (Theresa J. Player, Allen Gruber)
LWVL510

3-4 credit(s)
Requirement: Skills
Concentration(s): Civil Litigation (JD)
Prerequisite(s): Civil Procedure, Evidence , 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
LWVL511

3-4 credit(s)
Requirement: Skills
Concentration(s): Civil Litigation (JD)
Prerequisite(s): Civil Procedure, Evidence , Lawyering Skills II 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 (Shaun P. Martin, Roy L. Brooks, Walter Heiser)
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 (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.

Comparative Law Culture & Religion (Shimon Shetreet)
LWIC519

2 credit(s)
Requirement: Writing

The course will examine contemporary issues of comparative law with a focus on culture and religion. The course will offer an analysis of the legal and constitutional aspects of religion and culture in modern society in the broad context. Among other issues the course will deal with a comparative analysis of the models of the interrelations between church and state (total separation, no separation- recognized religions, established church, theocratic state, secular state). The course analyzes the protection of individual right for religious freedom under the various models of state and church relationship analysis. In this context a number of issues will be discussed in comparative analysis including state funding of religious institutions. The voucher system for social services in the US, days of rest, providing civil remedies in the general courts for religious matters such as resolving disputes between churches, religious symbols and dresses in public space and government institutions (such as head scarf ). Ritual slaughter of animals (kosher and halal). The role of law and the judiciary in protecting religious liberty and attaining equality in a multi-cultural society is very significant. Therefore special attention will be paid to the role of the judiciary in democracy and to the culture of judicial independence and constitutionalism. Attention will also be given to the impact of international law on domestic jurisdictions in the protection of religious and human liberty, and to the issues of interrelation between religion and national security matters. Class discussions will also be based on role- play assignments. Students will be asked to write a paper on topic to be assigned. Successful completion of the paper will fulfill the law school’s written work requirement.

Constitutional Law I (Maimon Schwarzschild)
LWAA515

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, Michael D. Ramsey)
LWPP525

3 credit(s)
Concentration(s): Criminal Law (LLMG)
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 Morality of the US
LWPP526

1 credit(s)

This course in advanced constitutional law will focus on three constitutional controversies that are closely aligned with moral controversies: capital punishment, same-sex marriage, and abortion. Along the way, we will consider the question of the proper role of religion as a basis of law. The final exam will be of the “take home” variety. This class meets for 9 sessions starting Thursday, September 1 and ends November 17, 2011. There is no class 9/22, 10/20 & 11/10/2011. This class was formerly called Constitution of Liberal Democracy or Constitutional Rights, Moral Controversy, and the Supreme Court.

Contracts (Christopher T. Wonnell)
LWAA520

4 credit(s)
Concentration(s): Business and Corporate Law (LLMC)

An introduction to legal reasoning and analytical skills through an investigation of how the law enforces agreements. Included are such topics as: the requirements for the formation of a contract; problems of interpretation; damages for breach; the statute of frauds; illegality; and problems which arise during the performance stage of a contract, such as the creation and failure of express and implied conditions, excuse through impossibility or frustration of purpose, and discharge. Article II of the Uniform Commercial Code is introduced and compared with the common law of contracts.

Corporate Counsel Internship (Ryan Harrigan)
LWVL591

1-3 credit(s)
Requirement: Skills

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.

Corporate Law Seminar (Lynne L. Dallas, Mark Lee)
LWBC540

2 credit(s)
Requirement: Writing
Concentration(s): Business and Corporate Law (LLMC), LLM in Business and Corporate Law (LLMB)
Prerequisite(s): Corporations or concurrent enrollment

This seminar explores current issues in corporation law arising from globalization, the financial scandals of the early 2000s and the financial crisis.It explores the influence of politics, economics and culture on corporate statutes, case law, international standards of conduct and rules of the Securities Exchange Commission and self-regulatory entities. This seminar covers current controversies in corporation law through examining recent law review articles on U.S. and foreign systems. Topics covered include financial instability, shareholder voting, proxy access proposals, the impact of institutional investors on corporate governance, the regulation of boards of directors and board committees, the role of independent directors, the criminal prosecution of corporations and individual officers, the nature and extent of director and officer fiduciary duties, tender offers, insider trading and corporate social responsibility. The students are expected to prepare a paper on a U.S. or comparative corporate law topic.In order to enroll in this seminar you must have taken, or are concurrently taking with this seminar, an introductory course on U.S. or foreign corporation law.

Corporations (Lynne L. Dallas, Frank Partnoy)
LWBC545

4 credit(s)
Concentration(s): Business and Corporate Law (JD), 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).

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.

Counterterrorism & the Law (Joseph J. Darby)
LWPP531

3 credit(s)
Requirement: Writing
Concentration(s): International Law (LLMC)

This seminar, limited to 19 students, will focus on the legal aspects of U.S. responses to international terrorism. It will endeavor to strike a balance between national security and civil liberties, discussing the implementation of federal legislative measures such as the USA Patriot Act and the Foreign Intelligence Surveillance Act. Also analyzed will be the separation of powers issues raised by the suspension of the writ of habeas corpus. Legality of the detention and interrogation of suspected terrorists will form an integral part of the course. Reference will also be made to International Law (The Geneva Conventions) and Comparative Law (Israel’s response to terrorism). A research paper is 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 Law (LLMG)

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 placement component. In class, you will address the legal, procedural, ethical, social, and cultural issues that arise in the course of your field work. Some Friday afternoon sessions 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.) Your field work consists of assisting the Deputy Public Defender in the Felony Arraignment Department of the Superior Court by interviewing and advising defendants charged with felony offenses on a criminal complaint to prepare them for arraignment and a bail hearing. You will choose one afternoon that you will spend in the arraignment court throughout the semester. You will also participate in interviewing and counseling people who are chronically homeless at dinners offered by the Welcome Door Foundation on several Wednesday evenings. Enrollment is limited to ten. This course is graded on a four-tier pass-fail basis. Criminal law is a pre-requisite. A security clearance by the Department of the Public Defender is required by the beginning of the semester. 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 Litigation (JD), Criminal Law (LLMG)
Prerequisite(s): Evidence, Criminal Law, Criminal Procedure I, Lawyering Skills 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 classroom component that provides simulations, lectures and discussions in the most common areas of criminal practice. Prerequisites: Evidence, Criminal Law, Criminal Procedure I, and Lawyering Skills II or equivalent experience at the discretion of the instructor. Recommended but not required: Criminal Procedure II. Important Note: Criminal Clinic has a different registration deadline. Please contact Professor Berend for information on deadlines 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 Clinic II
LWVL516

2-6 credit(s)
Requirement: Skills
Concentration(s): Criminal Litigation (JD), Criminal Law (LLMG)
Prerequisite(s): Evidence, Criminal Law, Criminal Procedure I, Lawyering Skills 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 classroom component that provides simulations, lectures and discussions in the most common areas of criminal practice. Prerequisites: Evidence, Criminal Law, Criminal Procedure I, and Lawyering Skills II. Recommended but not required: Criminal Procedure II. Important Note: Criminal Clinic has a different registration deadline. Please contact Professor Berend for information on deadlines 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 (Jean Ramirez, Mark Lee, Lawrence A. Alexander)
LWAA525

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

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 (Donald A. Dripps)
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 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 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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