Course Descriptions

Fall 2013 Class Descriptions

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

2-4 credit(s)
Requirement: Skills
Concentration(s): Children's Rights (JD)

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.

Note: This clinic may be applied towards the three required clinic credits for the Children's Rights Concentration (JD).

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

1-4 credit(s)
Requirement: Skills
Concentration(s): Children's Rights (JD)

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.

Note: This clinic may be applied towards the three required clinic credits for the Children's Rights Concentration (JD).

Employment Law (Orly Lobel)
LWPP537

4 credit(s)
Concentration(s): Public Interest Law (JD), 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): Environmental and Energy Law (LLMG), Environmental and Energy Law (LLMC), Environmental and Energy Law (JD), Environmental and Energy Law (MSLS)

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.

Note: Either this course or Climate Change Law & Policy must be taken as a required course for the Environmental & Energy Law Concentration (JD).

Entertainment, Sports and Intellectual Property Internship Program (Stacey Tyree)
LWVL592

1 - 3 credit(s)
Requirement: Skills
Concentration(s): Intellectual Property Law (LLMG), Intellectual Property (LLMC), Intellectual Property (JD)

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. If you have any other questions, email Lizzette Herrera Castellanos at lizzette.herrera@sandiego.edu or call (619) 260-2342.

Note: There are limitations on JD concentration eligibility. Please check the Intellectual Property Concentration web page for more information. Contact Law Student Affairs to find out if your work in this clinic qualifies for the concentration.
Additional Information: ESIP Application, Intellectual Property Concentration

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

1-3 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.

ERISA & Employee Benefit Plans (David P. Wolds)
LWTE518

2 credit(s)
Concentration(s): Labor and Employment Law (LLMG), LLM in Taxation (LLMT), Taxation (LLMC), Taxation (MSLS)
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.

Note: This is an advanced tax course with priority enrollment for LLM in Taxation students.

Estate Planning Seminar (Adam Hirsch)
LWTE524

3 credit(s)
Requirement: Writing
Prerequisite(s): Trusts & Estates: Wills and Trusts

The course covers topics in estate planning, including substantive planning strategies for beneficiaries with special needs, strategies for avoiding will contests, and basic tax planning. Students undertake will criticism exercises and are required to produce two drafts of a substantial research paper on a topic in the area of inheritance law, trust law, transfer taxation, or estate planning. Each student will present the first draft to the class for a substantive discussion and constructive analysis. The final draft is due at the end of the semester. Successful completion of this course satisfies the written-work requirement.

European Legal Cultures (Pierre Legrand)
LWIC520

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

This course focuses on French legal culture, which features one of the leading approaches to law worldwide. French legal culture still constitutes the pre-eminent perspective within the so-called ”civil-law” tradition, in its turn the most extensively distributed legal model internationally. Bringing to bear anthropological, historical, and philosophical frameworks, the course 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 transnational legal and business scene. Secondly, it seeks to enhance critical reflection on U.S. law. The course, which is taught through a combination of lectures and seminar discussion, takes place from late-August until late September. 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.

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

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

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.

European Union Law (Ralph H. Folsom)
LWIC521

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

Law, policy and procedures of the European Union, including growth of the EU common market and its jurisdiction, law-making, litigation, freedoms of movement, common economic and social policies, the EURO, external trade relations, human rights, and business competition law. This is a paper course.

Evidence (Michael Devitt, Maimon Schwarzschild)
LWLP529

4 credit(s)
Concentration(s): Criminal Law (MSLS), 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.
Note: This is a required course for the Civil Litigation (JD) and Criminal Litigation (JD) concentrations.

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