Course Descriptions

Spring 2018 Class Descriptions

Advanced Pass-Thru Taxation (Willard B. Taylor)
LWTE556

2 credit(s), Standard Letter Graded
Concentration(s): Taxation (MSLS), LLM in Taxation (LLMT), Taxation (LLMC)
Prerequisite(s): Tax I
Recommended Class(es): Corporate Tax, Partnership Tax

The use of tax pass-through entities has become widespread and powerful both in the U.S. and internationally. The purpose of the course is to understand the rules that apply to S corporations, partnerships, REITs and other pass-through entities and how those entities are used, both domestically and internationally. The course will also consider the tax policy issues that pass-through entities raise. The questions are both broad (e.g., Why do we have so many pass-through entities? Why do the rules for each differ? What are the issues for different classes of investors? Is simplification possible?) and narrow (e.g., How is entity-level tax eliminated in the case of a REIT or a RIC? In the case of a REMIC? In the case of an S corporation?) This class meets from January 8, 2018 to February 8, 2018. In addition to class participation, there will be 2 hour open book exam on February 16, 2018.

 

Advanced Trial Advocacy (Bibianne U. Fell)
LWLP515

3 credit(s), Standard Letter Graded
Requirement(s): Experiential
Concentration(s): Criminal Law (LLMG), Criminal Law (LLMC), Criminal Litigation (JD), Civil Litigation (JD)
Prerequisite(s): Trial Advocacy, Evidence

A course combining one hour per week of demonstrations and lecture with a two hour per week workshop involving critique of individual student performances in a number of the more difficult areas of trial practice. Students are videotaped during certain skills over the semester with feedback from instructors and practitioners. In addition to the weekly skills sessions, students perform at least one bench trial and one jury trial. The class will also address and consider the use of trial presentation technology at trial, and the intricacies of examining experts and children. There will be minor written requirements related to the skill of the week. This is an intensive course designed to focus on individual presentation skills. Prerequisites: Trial Advocacy and Evidence. Enrollment is limited. Students are graded by the standard letter grading system.

Agency Externship I (John Sansone)
LWVL596

1-4 credit(s), P/F Graded
Requirement(s): Experiential
Concentration(s): LLM in International Law (LLMI), Criminal Law (LLMG), International Law (LLMC), Criminal Law (LLMC), Health Law (JD), Employment and Labor Law (JD), Criminal Litigation (JD), Civil Litigation (JD)

The Agency Externship Program provides students the opportunity to gain valuable clinical legal experience for academic credit with a government agency or non-profit organization during the fall, spring or summer semesters. (The externship program does not allow students to receive academic credit for working in a private law firm). Students may enroll in the Agency Externship Course for
1 - 4 units of credit and must complete a minimum of 50 hours per credit (100 hours for 2 credits and 150 hours for 3 credits).

Academic requirements include: mandatory orientation, journals between student and professor relating to the field placement; periodic discussion boards on legal practice topics; a three-five page reflective paper at the end of the semester; an example of work product for professor review; and, satisfactory completion of work experience. The externship is graded on a Pass-Fail basis.

If you have been offered and have accepted a field placement, meet the eligibility requirements, agree to meet the course obligations and want to register for the Externship course, fill out the Field Placement Form. The Office of Career and Professional Development will then confirm your placement and instruct you on registering for the course.

Contact lawcareers@sandiego.edu with placement questions. Contact Professor John Sansone, Academic Director, at jsansone@sandiego.edu with academic questions.

Note: There are limitations on JD concentration eligibility. Please check the concentration web pages for more information. Contact Law Student Affairs to find out if your Agency Internship qualifies for a concentration.
Additional Information:Concentrations Web Page, Email Law Student Affairs

Agency Externship II (John Sansone)
LWVL590

1-4 credit(s), P/F Graded
Requirement(s): Experiential
Concentration(s): LLM in Taxation (LLMT), Intellectual Property (JD), Employment and Labor Law (JD), Criminal Litigation (JD), Civil Litigation (JD)

Externship II students refine their skills, with a longer opportunity to specialize their training in a specific area. Externship II is limited to students who have previously worked at an Agency Externship placement. Please refer to Agency Externship I description for additional requirements.

Note: There are limitations on JD concentration eligibility. Please check the JD concentration web pages for more information. Contact Law Student Affairs to find out if your Agency Externship qualifies for a concentration.

Antitrust (Mark Lee)
LWBC503

3 credit(s), Standard Letter Graded
Concentration(s): Intellectual Property Law (MSLS), Business and Corporate Law (MSLS), Intellectual Property Law (LLMG), Intellectual Property (LLMC), Business and Corporate Law (LLMC), LLM in Business and Corporate Law (LLMB), Public Interest Law (JD), Intellectual Property (JD), Business and Corporate Law (JD)

Courts (through the Sherman Act and the Clayton Act) have regulated a wide variety of business practices including price-setting cartels, trade association activities, distribution agreements, franchising, package selling, boycotts, long-term contracting, and mergers. This course focuses on the issues raised by these regulations.

Understanding and formulating the arguments bearing on these issues requires the use of elementary microeconomics, but students need not have studied economics. The course will include instruction in the relevant economic concepts as they arise. Class discussion will focus on questions about cases and problems. Students will develop their analytical skills through these exercises.

Grade is based on the final examination. Push points for quality participation may be awarded.

Note: There are limitations on Intellectual Property (JD) concentration eligibility. Please check the Intellectual Property Concentration web page for more information.
Additional Information:Intellectual Property Concentration (JD)

Appellate Clinic (Michael Devitt, David Schlesinger)
LWVL501

2 credit(s), P/F Graded
Requirement(s): Experiential
Concentration(s): Civil Litigation (JD)
Prerequisite(s): Civil Procedure, Evidence or concurrent enrollment, Professional Responsibility or concurrently, Crim Pro I or concurrent enrollment

The Appellate Clinic is a year-long clinic opportunity in which teams of students will enjoy the hands-on experience of litigating from start to finish an appeal before the Ninth Circuit Court of Appeals. During the fall semester, students will write an opening brief; and in the spring semester students will write a reply brief and participate in oral argument. Additional periodic classroom sessions held throughout the academic year will focus upon appellate procedure and persuasive written and oral advocacy. From time to time, class sessions will feature guest speakers such as judges and local practicing attorneys. Students will receive four credits (two in the fall semester and two in the spring semester) for successfully completing the year long Appellate Clinic. The Appellate Clinic is open only to third and fourth year law students; and students must have completed or take concurrently with the Appellate Clinic the following courses: Civil Procedure, Evidence, Professional Responsibility, and Criminal Procedure.

Note: There are limitations on JD concentration eligibility. Please check the Civil Litigation Concentration web page for more information.
Additional Information:Civil Litigation Concentration

Bus Transactions in the People's Republic of China (Ralph H. Folsom)
LWBC546

3 credit(s), Standard Letter Graded
Requirement(s): Writing
Concentration(s): International 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)

This course focuses on inbound and outbound sales, licensing and foreign investment transactions related to the PRC, including negotiations, regulations,dispute settlement and the law, legal system and politics of the PRC and Hong Kong SAR. A research paper suitable for the Law School's writing requirement is mandatory.

Business Planning (Dennis Doucette)
LWBC520

2 credit(s), Standard Letter Graded
Requirement(s): Writing OR Experiential
Concentration(s): Business and Corporate Law (MSLS), Business and Corporate Law (LLMC), LLM in Business and Corporate Law (LLMB), Business and Corporate Law (JD)
Prerequisite(s): Tax I, Corporations

This seminar combines advance work in Corporations, Federal and State Securities laws, and Federal Taxation in the context of business planning and counseling. The course is based upon a series of problems involving common business transactions which present corporate securities law and tax issues for analysis, and resolution. The problems cover such topics as factors in the decision to incorporate; the formation of partnerships, limited liability companies, and corporations, both closely held and publicly owned; securities law considerations in raising capital; corporate distributions; the sale and purchase of businesses; mergers and other forms of acquisition; and recapitalization, division, and dissolution of corporations.

California Civil Discovery Practice (Virginia C. Nelson)
LWLP521

1 credit(s), H/P/L/F Graded
Requirement(s): Experiential
Concentration(s): Civil Litigation (JD)

This course focuses on the primary written discovery procedures in California, a major component of pre-trial litigation. Students will learn the critical references, rules and resources required to create a discovery plan as well as the appropriate use of interrogatories (form and special), requests for production, requests for admission, and requests for physical and mental exams. Objections to these discovery devices, responses to discovery requests, meet and confers, protective orders and sanctions will also be covered. The form and format for depositions will be examined as well as demonstrations in conducting a basic deposition. The California Civil Discovery Act will be compared to the Federal Rules of Civil Procedure in all the written discovery devices described above as well as depositions. The class will follow a hypothetical and be exposed to the perspective of all sides in conducting discovery. Students will discuss a plan for discovery, draft discovery devices, formulate objections to discovery requests, analyze use of a privilege log, and participate in mock depositions. Students who complete this course will gain an understanding of the broad framework of California pre-trial discovery, effective and ineffective discovery devices, some of the key differences between the state and federal discovery systems, and the requirements and practical tips for taking depositions. This class does not cover E-discovery. This class is limited to 20 students.

California Criminal Litigation Skills (Jean Ramirez)
LWCR505

2 credit(s), Standard Letter Graded
Requirement(s): Experiential
Concentration(s): Criminal Law (LLMG), Criminal Law (LLMC), Criminal Litigation (JD)
Prerequisite(s): Criminal Law, Legal Writing & Research

If you are considering a career as a prosecutor or criminal defense attorney, or plan to intern at a prosecution or criminal defense agency, this is the course for you. This course focuses on the knowledge and skills required to litigate criminal cases in the California trial courts. The class tracks a criminal case from arrest through sentencing, but not trial, providing students with an overview of the process. Students draft practice-related documents, participate in courtroom simulations, learn fact management and development, and participate in discussions on relevant topics.

Note: Students that have taken Criminal Clinic are not eligible to enroll in this class.

Child Advocacy Clinic: Delinquency I (Robert C. Fellmeth)
LWVL503

4 credit(s), H/P/L/F Graded
Requirement(s): Experiential
Concentration(s): Children's Rights (JD)
Prerequisite(s): See course description

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.

Note: This clinic may be applied as the required clinic for the Children's Rights Concentration (JD).
Additional Information:Children's Rights JD Concentration

Child Advocacy Clinic: Dependency I & II (Robert C. Fellmeth)
LWVL507

4 credit(s), H/P/L/F Graded
Requirement(s): Experiential
Concentration(s): Children's Rights (JD)
Prerequisite(s): See course description

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.

Note: This clinic may be applied as the required clinic for the Children's Rights Concentration (JD).
Additional Information:Children's Rights JD Concentration

Child Advocacy Clinic: Policy I & II (Robert C. Fellmeth)
LWVL505

1-3 credit(s), H/P/L/F Graded
Requirement(s): Experiential
Concentration(s): Children's Rights (JD)
Prerequisite(s): Child Rights & Remedies

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.

Note: This clinic may be applied as the required clinic for the Children's Rights Concentration (JD).
Additional Information:Children's Rights JD Concentration

Civil Clinic I (Allen C. Snyder, Allen Gruber)
LWVL510

2-4 credit(s), H/P/L/F Graded
Requirement(s): Experiential
Concentration(s): Civil Litigation (JD)
Prerequisite(s): Civil Procedure, Evidence
Recommended Class(es): Trial Advocacy 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 Recommended: Practicum or Trial Advocacy. 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 (Allen C. Snyder, Allen Gruber)
LWVL511

1-4 credit(s), H/P/L/F Graded
Requirement(s): Experiential
Concentration(s): Civil Litigation (JD)
Prerequisite(s): Civil Procedure, Evidence
Recommended Class(es): Practicum or Trial Advocacy

Clinic II interns refine their skills, working on complex cases and cases already begun as Clinic I interns. Students may mentor first time clinic participants, serve as lead attorney on cases, and have additional opportunities to appear in court or administrative proceedings. Supervising attorneys/adjunct professors provide individualized coaching, based on the Clinic II interns’ needs and interests. Prerequisite: Successful completion of Clinic I in the same clinic. 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

Community Property (Dennis Lilly)
LWTE544

3 credit(s), Standard Letter Graded

In this course the non-tax aspects of estate planning are integrated, combining wills, trusts, future interests, and community property. Methods of family wealth transfer in both community property and non-community property jurisdictions are considered, including: inter vivos gifts, wills, trusts, intestate succession and will substitutes. Fiduciary administration; class gifts; powers of appointment; the rule against perpetuities; charitable trusts; classification, control and management of community property; and the distribution of property on dissolution of the community are studied.

Comparative Con Law (Laurence Claus)
LWIC515

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

This course considers how sophisticated political systems limit and channel the exercise of governmental power. We do this primarily by taking the great issues of American constitutional law and asking how those issues are treated elsewhere. The course is open to all upper-class students, and may be taken concurrent with Constitutional Law. A research paper is required.

Constitutional Law I (Staff)
LWAA515

4 credit(s), Standard Letter Graded

This course provides an introduction to 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. It also provides an introduction to the Bill of Rights and its limitations on the exercise of governmental power, with emphasis on freedom of speech.

Constitutional Law II (Maimon Schwarzschild, Miranda Oshige McGowan)
LWPP525

3 credit(s), Standard Letter Graded
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. 

Contract Drafting (Elaine Edelman)
LWGC563

2 credit(s), Standard Letter Graded
Requirement(s): Writing OR Experiential
Concentration(s): Business and Corporate Law (MSLS), Business and Corporate Law (LLMC), LLM in Business and Corporate Law (LLMB), Business and Corporate Law (JD)

Transactional drafting is crucial to the legal profession. It refers to the process of creating documents to formalize agreements between parties. This course trains students to be able to use the process comfortably. You will learn to structure agreements, and express them in clear and concise language that will benefit clients and maximize the likelihood of favorable interpretation. The course emphasizes both cooperative and individual drafting work. Each week in class, you will focus on selected components of the drafting process, and prepare a document or exercise requiring you to practice what you learn. You will receive immediate feedback on that day’s drafting activity, and written comments on individual weekly homework assignments. Visits by attorneys who draft contracts in their practice will provide a view of how the legal profession depends on this skill. This class will use various types of contracts that touch on various areas of substantive law: contracts for the sale of goods, business or property (contract law, commercial transactions); residential and commercial leases (landlord-tenant and real estate law); settlement agreements (torts); employment, non-disclosure and non-compete agreements (employment law); retainer agreements (legal ethics); intellectual property rights (intellectual property); corporate acquisitions (corporations, securities law); entertainment contracts (entertainment law); vendors’ contracts (sports law). Grades are based on the scores on individual weekly assignments. Students may only enroll in two of the following during their law school career: Advanced Legal Writing OR LWR III: Lit & Judicial Drafting OR LWR III: Legal Writing OR Legal Drafting. Students desiring to add the second class in this series must receive a signature on their add/drop form from the Office for JD Student Affairs, and provide the form to the Registrar office (that is, students cannot add the second class themselves online.)

Note: This course may fulfill either the Experiential OR Upper Division Writing requirement. Students will be asked in class at the beginning of the semester to elect which requirement they would like this course to fulfill. The student's election is final.

Contracts (Staff)
LWAA520

4 credit(s), Standard Letter Graded
Concentration(s): Business and Corporate Law (MSLS), 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.

Copyright Law (David McGowan)
LWIP525

3 credit(s), Standard Letter Graded
Concentration(s): Intellectual Property Law (MSLS), Intellectual Property Law (LLMG), Intellectual Property (LLMC), Intellectual Property (JD)

This course surveys the law relating to rights in expressive works. We will study what copyright covers – such as books, movies, musical recordings, and software – and distinguish copyright from other forms of intellectual property, such as trademark and patent. We will focus on the exclusive rights granted in copyrightable works, rules governing the transfer of those rights, what acts infringe those rights, what remedies the law provides for infringement, and what limitations the law places on those rights, such as the fair use doctrine. We will discuss some topics of current interest, such as the rules governing the copying and distribution of music over peer-to-peer networks, digital rights management, and open-source software development. 

Note: May be applied as part of the six required credits for the Intellectual Property Concentration (JD).
Additional Information:Intellectual Property JD Concentration

Corporate Counsel Externship I (Beth Baier)
LWVL591

1-4 credit(s), P/F Graded
Requirement(s): Experiential
Concentration(s): Intellectual Property Law (LLMG), Environmental and Energy Law (LLMG), Employment and Labor Law (LLMG), Intellectual Property (LLMC), Environmental and Energy Law (LLMC), Business and Corporate Law (LLMC), LLM in Business and Corporate Law (LLMB), Intellectual Property (JD), Health Law (JD), Employment and Labor Law (JD), Business and Corporate Law (JD)

The Corporate Counsel Externship Program consists of a work component and a class component and allows students to earn academic credit 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 an on-site licensed attorney.

Students work a minimum of 50 hours per unit of credit and may receive 1-4 credits. Academic requirements include: mandatory orientation, journals between student and professor relating to the field placement; periodic discussion boards on legal practice topics; a three-five page reflective paper at the end of the semester; an example of work product for professor review; and, satisfactory completion of work experience. The Externship is graded on a Pass-Fail basis.

If you have been offered and have accepted a field placement, meet the eligibility requirements, agree to meet the course obligations and want to register for the Externship course, fill out the Field Placement Form. The Office of Career and Professional Development will then confirm your placement and instruct you on registering for the course.

Contact lawcareers@sandiego.edu with placement questions. Contact Professor John Sansone, Academic Director, at jsansone@sandiego.edu with academic questions.

Note: There are limitations on JD concentration eligibility. Please check the JD concentrations web pages for more information. Contact Law Student Affairs to find out if your work in this internship qualifies for a concentration.
Additional Information:JD Concentrations Web Page, Email Law Student Affairs

Corporate Counsel Externship II (Beth Baier)
LWVL589

1-4 credit(s), P/F Graded
Requirement(s): Experiential
Concentration(s): Intellectual Property Law (LLMG), Employment and Labor Law (LLMG), Intellectual Property (LLMC), Business and Corporate Law (LLMC), Intellectual Property (JD), Health Law (JD), Employment and Labor Law (JD), Business and Corporate Law (JD)

Externship II students refine their skills, with a longer opportunity to specialize their training in a specific area. Externship II is limited to students who have previously worked at a Corporate Counsel Externship placement. Please refer to Corporate Counsel Externship I description for additional requirements.

Corporate Finance (Jordan M. Barry)
LWBC530

3 credit(s), Standard Letter Graded
Concentration(s): Business and Corporate Law (MSLS), Business and Corporate Law (LLMC), LLM in Business and Corporate Law (LLMB), Business and Corporate Law (JD)
Corequisite(s): Corporations

This course covers the core concepts of finance as they relate to the study and practice of law. The course is designed to accommodate both students with no background in finance as well as those with substantial knowledge of the field. It will start with basic financial literacy and will build toward more advanced topics, such as financial statement analysis, valuation of stocks and bonds, risk management, portfolio theory, derivatives, and corporate financial management. The course includes quantitative concepts and exercises, and students will be required to use a spreadsheet program, such as Microsoft Excel. This class will be of particular value to students who intend to pursue transactional legal practice, but it will also be valuable to litigators.

Corporate Innovation & Legal Policy (Orly Lobel)
LWIP528

3 credit(s), Standard Letter Graded
Requirement(s): Writing
Concentration(s): Intellectual Property Law (MSLS), Intellectual Property Law (LLMG), Intellectual Property (LLMC), Intellectual Property (JD)

What are the optimal policy ingredients and business strategies for managing innovation? How can business leaders, inventors, lawyers, and policymakers benefit from the connections between corporate success, intellectual property, and human capital? The course will introduce foundations of intellectual property law and employment and organizational practices. We will examine corporate policies and disputes over the control of ideas, secrets, skill and intellectual property. In particular, we will analyze non-compete contracts, trade secrets and non-disclosures, information privacy, economic espionage, employee duties of loyalty, including prohibitions on customer and co-worker solicitation and raiding for competitive endeavors; and employer ownership over inventions and artistic work, including pre-invention patent assignment agreements and work-for-hire disputes. In the past few years, the black box of innovation has been pierced with a plethora of new interdisciplinary research and practice. At the same time, industry and policymakers in the United States, like other countries around the world, are debating the benefits of existing EIP laws. In the course, we will bring together these various developments to identify how companies can sustain their innovative capacities, commercialize science, and manage creativity, and to assess how differences in regulatory and contractual arrangements in the employment relationship can impact key aspects of innovation, such as the rate of patent filings, the level of network participation in intellectual and creative endeavors, individual motivation to innovate, organizational behavior, and talent mobility.

Corporate Reorganization (M. Carr Ferguson)
LWTE510

3 credit(s), Standard Letter Graded
Concentration(s): Taxation (MSLS), Business and Corporate Law (MSLS), LLM in Taxation (LLMT), Taxation (LLMC), Business and Corporate Law (LLMC), LLM in Business and Corporate Law (LLMB), Business and Corporate Law (JD)
Prerequisite(s): Tax I
Recommended Class(es): Corporate Tax

This course considers the tax treatment of corporations and shareholders in corporate acquisitive reorganizations, single corporation reorganizations and corporate divisions, including carryovers. Prerequisite: Tax I.  This class will have a take-home final exam.

 

Corporate Tax (Paul Yong)
LWTE560

3 credit(s), Standard Letter Graded
Concentration(s): Taxation (MSLS), Business and Corporate Law (MSLS), LLM in Taxation (LLMT), Taxation (LLMC), Business and Corporate Law (LLMC), LLM in Business and Corporate Law (LLMB), Business and Corporate Law (JD)
Prerequisite(s): Tax I

The course involves a study of the basic concepts of federal income taxation of C corporations and their shareholders, including organization of corporations; cash and stock dividends; redemptions of stock; partial and complete liquidations; sales of corporate businesses and reorganizations. Taxation of corporations is compared with taxation of partnerships, limited liability companies and S corporations. The emphasis is on careful analysis of Code provisions, Treasury Regulations, other administrative materials and important judicial decisions in relation to problems that are frequently assigned in advance of class discussion. 

Note: This is a required course for the Business and Corporate Law Concentration (JD).

Corporations (Thomas A. Smith)
LWBC545

4 credit(s), Standard Letter Graded
Concentration(s): Business and Corporate Law (MSLS), Business and Corporate Law (LLMC), LLM in Business and Corporate Law (LLMB), Employment and Labor Law (JD), Business and Corporate Law (JD)

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) and the LLM in Business & Corporate Law.

Criminal Procedure I (Kevin Cole)
LWCR520

3 credit(s), Standard Letter Graded
Concentration(s): Criminal Law (MSLS), Criminal Law (LLMG), Criminal Law (LLMC), Criminal Litigation (JD)

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.

Students are required to purchase an i>Clicker. The clicker responses are not part of the student’s grade, but the clickers will be used to give feedback and to ensure compliance with the attendance policy. The bookstore sells new and used i>Clickers and will repurchase clickers in good condition at the end of the semester. You may also purchase them from other sites. Every version, including the early, “text only” model, will suffice.

Note: This is a required course for the Criminal Litigation Concentration (JD).

Criminal Procedure II (Knut S. Johnson)
LWCR525

3 credit(s), Standard Letter Graded
Concentration(s): Criminal Law (MSLS), Criminal Law (LLMG), Criminal Law (LLMC), Criminal Litigation (JD)
Prerequisite(s): Criminal Procedure I

In this advanced criminal procedure class, students will continue the study commenced in Criminal Procedure I, focusing on the processing of a criminal defendant through the criminal justice system. The course will address a number of issues regularly presented in criminal cases, including the charging process, the right to a speedy trial, criminal discovery and disclosure, the right to jury trial, the right to effective assistance of counsel, the right to confrontation and the exercise of the privilege against self incrimination at trial. In addition the course will include discussions of the principles of the right against double jeopardy, and post conviction remedies such as direct appeal and petitions for habeas corpus. The purpose of the course is to develop an understanding of the basic structure of the criminal process in a federal system of government as well as the basic principles underlying the constitutional and procedural protections of the criminal justice system.

Note: This is a required course for the Criminal Litigation Concentration (JD).

Discrimination Law & Diversity (Roy L. Brooks)
LWPP520

3 credit(s), Standard Letter Graded
Concentration(s): Employment and Labor Law (LLMG), Public Interest Law (JD), Employment and Labor Law (JD)

This course is designed not only for the student who plans to practice civil rights or public interest law, but also for the student who plans to hold a position of leadership in a culturally diverse institution; e.g., corporations, schools, and governments. We will study modern civil rights perspectives that shape our understanding of discrimination law and diversity. Race is the primary galaxy in the civil rights cosmos. From there, other galaxies have formed—including gender, sexual orientation and identity, disability, and age. We will give attention to conservative, liberal, and critical perspectives that shape our civil rights laws and our understanding of diversity. Seminal civil rights cases (e.g., Brown v. Board of Education) and traditional topics in the field (e.g., school desegregation, housing discrimination, employment discrimination, affirmative action, and the Equal Protection Clause) will be studied. In addition, we will see how terms like “racism,” "sexism,” and “homophobia” are no longer seen as the only structural sources of inequality in culturally diverse institutions. Decidedly interdisciplinary, this course will give the student an opportunity to engage in innovative, out-side-of-the-box thinking regarding legal, cultural, and socioeconomic approaches to civil rights law and diversity. This class will be graded by a final exam.

Employment Discrimination (Miranda Oshige McGowan)
LWPP535

3 credit(s), Standard Letter Graded
Concentration(s): Employment and Labor Law (LLMG), Employment and Labor Law (JD)

This general survey course of employment discrimination laws will focus on primarily the federal anti-discrimination laws prohibiting employment discrimination based on race, sex, pregnancy, national origin, age, sexual orientation. (We will also discuss the California Fair Employment and Housing Act's protections when they diverge from federal law. The Americans with Disabilities Act will not be a primary area of study.) This course gives students an opportunity to think about the meaning and practice of discrimination, to analyze various anti-discrimination approaches, and to learn to think creatively and flexibly when working on problems within this complex, evolving field of law. Students will learn to strategize about bringing and defending employment discrimination suits and, perhaps even more importantly, about helping clients develop policies and practices that foster discrimination-free workplaces and resolve workplace issues before they develop into lawsuits.

Employment Law & Technology (Orly Lobel, Richard A. Paul)
LWPP539

3 credit(s), Standard Letter Graded
Requirement(s): Writing
Concentration(s): Employment and Labor Law (LLMG), Employment and Labor Law (JD)

This course will examine the application of free expression, privacy, harassment, defamation and related workplace doctrines to issues created by the proliferation of communications and related technology devices. The course will open with a discussion of some of the technologies, their typical ownership and function, and of the areas of potential concern surveyed in several articles published by the instructor on these topics. The first third of the course will review employer and employee rights and duties in the clash between employer interests in efficiency and information security with employee rights of speech, privacy and the like. The second third of the course will examine the application of these ideas to different stages of the employment relationship (i.e., pre-hire, testing, selection, monitoring, discipline, etc.). We will consider current issues raised by specific electronic technologies (e.g., computer search technologies, PDAs, SNS, text and image messaging, blogspeak, GPS); medical technologies (e.g., security implants, employee genetic testing and coding); workplace configurations (e.g., remote employment); rights of ownership; and special work environments in which information free flow is either vital or restricted (e.g., public sector, healthcare, defense, higher education). The final part of the course will be reserved for presentation and discussion of student papers on topics within the general course parameters.

Note: This course may be applied as part of the nine required credits for the Employment and Labor Law Concentration (JD).
Additional Information:Employment and Labor Law Concentration

Energy Law and Policy Clinic I & II (Joseph Kaatz)
LWVL518

3 credit(s), H/P/L/F Graded
Requirement(s): Experiential
Concentration(s): Environmental and Energy Law (LLMG), Environmental and Energy Law (LLMC), Public Interest Law (JD), Environmental and Energy Law (JD)
Prerequisite(s): Energy Law

The Energy Law and Policy Clinic provides students an opportunity to conduct legal and policy research in cooperation with a related agency, such as the California Public Utilities Commission (CPUC) and the California Air Resources board. Agency staff, EPIC staff, and students work together to select one or more energy-or-climate change-related legal or policy research topics. Under the supervision of a practicing attorney and EPIC staff, students conduct a semester-long research project on the selected topic(s). Students will present results to the agency staff at the end of the semester. The clinic is graded on a 4-tier Pass-Fail basis. 

Note: There are limitations on JD concentration eligibility. Please check the Environmental & Energy Law Concentration web page for more information.
Additional Information:Environmental & Energy Law Concentration

Entertainment Law (Kevin Greene)
LWBC553

2 credit(s), Standard Letter Graded
Requirement(s): Writing

This course is designed to introduce participants to the legal dynamics that undergird the American entertainment industry, a global economic and cultural juggernaut.

At the core of Entertainment Law are two legal regimes:

1)intellectual property (“IP”), including copyright, trademark and rights of publicity, and

2)Contract law.

Entertainment Law explores these regimes, from deals, such as “360” sound recording agreements to disputes, such as Lil’ Wayne’s breach of contract suit against Cash Money.

Using interactive media, video and music clips, Entertainment Law will use materials, including cases, contracts and statutes to explore the motion picture, video game, television and music industries from transactional, economic, clearance and litigation perspectives.

From rapper Jay Z’s copyright infringement lawsuit in the “Big Pimpin’” case, to Run-DMC’s trademark infringement suit against Target, and Pamela Anderson’s breach of contract case by film producer, and more, Entertainment Law will immerse participants in the law behind the glitter and glitz of the entertainment industry.

Participants will write a scholarly paper on a relevant topic in lieu of an exam for this course.

Entrepreneurship Clinic I (Sebastian E. Lucier, Liz Bui)
LWVL520

2-4 credit(s), H/P/L/F Graded
Requirement(s): Experiential

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 (Liz Bui, Sebastian E. Lucier)
LWVL521

1-4 credit(s), H/P/L/F Graded
Requirement(s): Experiential

Clinic II interns refine their skills, working on complex cases and cases already begun as Clinic I interns. Students may mentor first time clinic participants, serve as lead attorney on cases, and have additional opportunities to appear in court or administrative proceedings. Supervising attorneys/adjunct professors provide individualized coaching, based on the Clinic II interns’ needs and interests. Prerequisite: Successful completion of Clinic I in the same clinic.

Estate Planning Seminar (Adam Hirsch)
LWGC519

3 credit(s), Standard Letter Graded
Requirement(s): Writing
Corequisite(s): Trusts & Estates

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 Union Commercial Law (Jens Schovsbo, Vibe Ulfbeck)
LWIC522

1 credit(s), Standard Letter Graded
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, and the EC directive on Products Liability. 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.  There will be a final exam scheduled in March.

Evidence (Kevin Cole)
LWLP529

4 credit(s), Standard Letter Graded
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.

Evidence Advocacy Lab (Lisa Rodriguez)
LWLP530

1 credit(s), H/P/L/F Graded
Requirement(s): Experiential
Concentration(s): Criminal Law (MSLS), Criminal Law (LLMG), Criminal Law (LLMC), Criminal Litigation (JD), Civil Litigation (JD)
Prerequisite(s): Evidence

This course is designed to familiarize students with the practical application of evidentiary points addressed in the traditional evidence course. Students focus on one or two evidentiary issues each week using a problem format. Each area of evidence is taught through performance. Each student is assigned as a proponent, opponent, witness and judge and is responsible for performing that role in class each week, and for submitting a short memo identifying the evidentiary issue and presenting the best approach to offering or opposing the evidence in court. The roles rotate each week. There is a new problem assigned each week. By the end of the semester, each student should be comfortably able to determine what it is he or she wished to accomplish in a courtroom with respect to specific evidentiary questions, and be able to structure the most logical, persuasive and trouble-free means to that end. The course is graded on a 4-tier Pass/Fail basis.

Experiential Advocacy Practicum (Staff)
LWAA576

1 credit(s), H/P/L/F Graded
Requirement(s): Experiential

The Experiential Advocacy Practicum is a one-year, two credit course that has been designed to provide first-year students with an overview of two major areas of legal practice, litigation and transactional work. The practicum will incorporate learning-by-doing skills exercises that will simulate advocacy tasks that junior attorneys will be expected to perform in practice. Students will work, both in teams and as individuals, with a fictional case file, which will allow them to complete tasks within a realistic but simulated context. The practicum will supplement the first-year curriculum by giving a practical view of the theoretical concepts students are learning in other first-year doctrinal courses

Family Law (Margaret A. Dalton)
LWFC540

3 credit(s), Standard Letter Graded
Concentration(s): Children's Rights (JD)

This open-enrollment course surveys the constitutional and legislative doctrine and the adjudication frameworks related to traditional family-law topics: marriage and divorce; marital property regimes; parent and child, including child custody, termination of parental rights, and adoption; family support rights; and rights of children. The course will be organized generally in relation to the California Family Code.

Note: This is a required course for the Children's Rights Concentration (JD).

Federal Courts (Steven D. Smith)
LWPP545

3 credit(s), Standard Letter Graded
Concentration(s): Public Interest Law (JD), Civil Litigation (JD)

This course is best described as advanced constitutional law focusing on the power of the federal courts, particularly with respect to the states and the other branches of the federal government. It is essential for anyone planning to clerk for a federal judge, or to perform public interest work in a variety of areas involving constitutional claims or governmental litigants. In practical terms, the materials concern who may bring suit in federal court, against whom, and under what circumstances. Specific topics include interpretation of Article III, justiciability (including standing and the "political question" doctrine), congressional power over the jurisdiction of the federal courts (including the extent to which civil rights suits and "enemy combatants" may be excluded from federal court), the immunities from suit enjoyed by state governments and public officials (such as police officers), and habeas corpus. Those interested may peruse Hart & Wechsler's The Federal Courts and the Federal System for a further indication of course content. Prior completion of, or concurrent enrollment in, Constitutional Law II is very strongly advised. The course materials assume a working knowledge of due process, equal protection, and state actor doctrine.

Fundamentals of Bar Exam Writing (Alison M. Brown, Taylor Israel, Allison Simkin)
LWGC520

2 credit(s), H/P/L/F Graded

This course is designed to help graduating students transition to bar study. The course addresses both the performance test portion of the exam and the essay portion. Students will learn studying techniques and strategies that will help them in their bar studies. Students will improve their skills in analyzing and solving bar essays and performance tests and communicating legal analysis in writing. However, this course is not a substitute for a commercial bar review course.

Exam taking is a conglomeration of different skills, which can be taught, practiced, and learned. The bar exam is fundamentally different from law school exams and requires particularized skills—among them the ability to study and retain multiple subjects simultaneously. This course is therefore designed to help students transition into bar study, prepare students to respond appropriately to bar exam questions, and reinforce students’ legal reasoning and writing skills.

Global Antitrust (Roy Hoffinger)
LWBC566

3 credit(s), Standard Letter Graded
Requirement(s): Writing
Concentration(s): Business and Corporate Law (MSLS), International Law (MSLS), Intellectual Property Law (MSLS), LLM in International Law (LLMI), Intellectual Property Law (LLMG), International Law (LLMC), Intellectual Property (LLMC), Business and Corporate Law (LLMC), LLM in Business and Corporate Law (LLMB), International Law (JD), Business and Corporate Law (JD)

This course introduces students to antitrust law in leading jurisdictions worldwide. As economies become increasingly global, U.S. and other businesses can be directly and indirectly affected by these laws, including especially laws outside the U.S., which are materially more restrictive than corresponding U.S. law. The course is designed to provide students with at least rudimentary familiarity with basic concepts, as well as approaches to utilize with business clients regarding their operations and expectations. In addition, the course will cover the impact of politics, industrial policies and the enforcement process, all of which are often determinative in lieu of antitrust principle and evidence.

Health Law & Bioethics (Dov Fox)
LWGC534

3 credit(s), Standard Letter Graded
Requirement(s): Writing
Concentration(s): Health Law (JD)

Recent developments in biotechnology and the life sciences invite us to rethink key features of the legal landscape. In addition to traditional health law subjects such as informed consent, physician liability, and access to care, we will examine emerging controversies that cut across torts, contracts, property, intellectual property, criminal procedure, and administrative law. Topics will include brain imaging, DNA forensics, gene patenting, genetic screening, stem cell research, biomedical enhancement, and the appropriation of human cells.  Students will be required to draft and revise a substantial final paper on an approved topic and write weekly reaction papers based on the reading. No background in science or medicine is necessary.

Note: This course may be applied as part of the nine required credits for the Health Law Concentration (JD).
Additional Information:Health Law Concentration

Health Law & Policy (Richard "Rick" D. Barton)
LWGC523

3 credit(s), Standard Letter Graded
Concentration(s): Health Law (JD)

Health Law and Policy is a new 3-unit course designed to introduce students to basic principles of health care law. The class will discuss legal principles surrounding the professional-patient relationship; informed consent; liability of health care professional; liability of health care institutions; quality control regulation of physicians and health care institutions; access to health care; the privacy rights of patients and the ability of government to regulate patient health care choices. The goals of the course are for students to understand the role of the legal system in health policy and health care delivery; the application of basic tort, contract and corporate law principles in the health care environment; and to gain a practical understanding of the interaction between the health system and the legal system. The course will be taught in a lecture-seminar approach. Outside speakers from major health institutions will participate. Course materials will be based on the text Health Law - Cases, Materials and Problems, Seventh Edition, Barry R. Furrow. 

Note: This is a required course for the Health Law Concentration (JD).
Additional Information:Health Law Concentration

Honors Moot Court Competition (Michael Devitt)
LWWI559

1 credit(s), H/P/L/F Graded
Requirement(s): Experiential

This course is designed to provide students with the opportunity to refine their written and oral advocacy skills by providing instruction in both the appellate process and the proper techniques involved in brief writing and oral argument. This course will focus upon an appellate case and will include discussions with leading scholars in the law, judges, and/or practicing attorneys. The Paul A. McLennon, Sr. Honors Moot Court Competition will consist of several rounds of competition, culminating in the Final Round competition held before a distinguished panel of judges. Participants in this competition will meet their course obligations by completing a satisfactory moot court brief of required length and form, conducting oral arguments on the selected problem, and attending four mandatory classes.

Immigration Clinic I (Sandra M. Wagner)
LWVL530

2-4 credit(s), H/P/L/F Graded
Requirement(s): Experiential
Concentration(s): LLM in International Law (LLMI), International Law (LLMC), Public Interest Law (JD)

Students gain practical experience through interviewing, counseling, and representing clients with immigration-related problems. Students have the opportunity to assist clients with a range of immigration issues such as naturalization, lawful permanent residency, derivative citizenship, deferred action, and U-visa and VAWA for domestic violence and abuse victims. Students may attend U.S. Citizenship and Immigration Services interviews related to their client’s applications. Students may also attend and participate in community immigration outreach. Weekly meetings are held with the clinic supervisor and other interns to discuss immigration law, practical application and casework. The clinic is graded on a 4-tier Pass-Fail basis. No Prerequisites.

 

Immigration Clinic II (Sandra M. Wagner)
LWVL531

1-4 credit(s), H/P/L/F Graded
Requirement(s): Experiential
Concentration(s): LLM in International Law (LLMI), International Law (LLMC), Public Interest Law (JD), International Law (JD)

Clinic II interns refine their skills, working on complex cases and cases already begun as Clinic I interns. Students may mentor first time clinic participants, serve as lead attorney on cases, and have additional opportunities to appear in court or administrative proceedings. Supervising attorneys/adjunct professors provide individualized coaching, based on the Clinic II interns’ needs and interests. Prerequisite: Successful completion of Clinic I in the same clinic. The clinic is graded on a 4-tier Pass-Fail basis. 

In-House Corporate Counseling (Steven W. Spector, Stephen C. Ferruolo)
LWBC567

2 credit(s), Standard Letter Graded
Concentration(s): Business and Corporate Law (LLMC), LLM in Business and Corporate Law (LLMB), Employment and Labor Law (JD), Business and Corporate Law (JD)
Prerequisite(s): Corporations

In-house lawyers practice in the law departments of for-profit business entities, non-profits, and in government at the federal, state, and local levels. (It is estimated that 20 to 30% of all lawyers will practice in-house at some time in their careers.) This course will be conducted by Dean Stephen C. Ferruolo with experienced corporate counsel from San Diego based corporations. Topics to be addressed include: The Roles of the In-house lawyer; Professional Responsibility Issues for In-house Lawyers; Practicing Preventive Law; Corporate Business Ethics Programs; Compliance Programs and Internal Investigations; Corporate Governance Best Practices; Risk Management and Crisis Management; Why and How to Teach Your Clients Contracts 101; Litigation Outside Counsel Management; Trade Secrets and Intellectual Property; International Operations and Transactions; Counseling the Public Company Board and Officers, Shareholder Meetings, and Compliance with Federal and State Securities Laws. The class will also discuss what In-House lawyers should know about labor and employment law, and accounting and finance.

Income Tax of Trusts & Estates (Ann Harris)
LWTE536

2 credit(s), Standard Letter Graded
Concentration(s): Taxation (MSLS), LLM in Taxation (LLMT), Taxation (LLMC)
Prerequisite(s): Tax I, Trusts & Estates
Recommended Class(es): Federal Estate & Gift Taxation

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. 

 

Int'l Estate Planning (Raúl Villarreal Garza, Elettra Menarini, Patrick W. Martin )
LWTE538

2 credit(s), Standard Letter Graded
Concentration(s): International Law (MSLS), LLM in International Law (LLMI), LLM in Taxation (LLMT), Taxation (LLMC), International Law (LLMC), International Law (JD), Taxation (MSLS)
Prerequisite(s): Tax I

The course will address U.S. federal taxation issues (both income and transfer taxes) for multi-national families in this modern day of global living, investment and travel. A detailed review of the income tax rules under Subchapter J and the transfer tax rules for persons who are not U.S. persons will be addressed. Additionally, strategic planning considerations will address pre-immigration and emigration taxation and estate/wealth planning. Grades will be based on quizzes, take home assignments/projects and a final exam.

Int'l Migration Law & Policy (Horacio Spector)
LWIC545

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

This course includes elements of public international law and comparative law in the emerging area of international migration. The international normative system on forced migrations is interpreted and implemented in different ways by the States members of the 1951 Convention relating to the Status of Refugees, which gives rise to a rich array of international and comparative precedents. Students will learn the international norms relating to forced migrations and the rulings of American and European courts that apply those norms to particular controversies. Class discussions will focus on various alternatives to redesign the international system and propose an alternative structure that be capable of providing fairer and more efficient solutions to this serious problem. Successful completion of the paper will fulfill the law school’s written work requirement.

Intellectual Property Seminar (Ted Sichelman)
LWIP540

3 credit(s), Standard Letter Graded
Requirement(s): Writing
Concentration(s): Intellectual Property Law (MSLS), Intellectual Property Law (LLMG), Intellectual Property (LLMC), Intellectual Property (JD)

This seminar will explore cutting-edge topics in intellectual property law, such as the major theories of IP rights; the role IP plays in innovation and creativity; how trademarks promote product “branding”; the use of patents in commercializing inventions; the effects of trade secrecy and non-competition agreements on R & D and employee mobility; the use of IP by startup companies; private markets for buying, selling, and licensing IP rights; copyrights in the entertainment industry; IP & software; alternatives to IP; and IP, global development & access to knowledge. Students are required to write a research paper and present the paper during the second half of the semester. The final grade is based on the paper (but not the presentation), with push points for class participation. 

Note: There are no prerequisites for the course, but completion of one IP course or work experience in IP will be helpful to understand the course material.

International Arbitration (David W. Brennan)
LWIC530

3 credit(s), Standard Letter Graded
Requirement(s): Experiential
Concentration(s): International Law (MSLS), LLM in International Law (LLMI), International Law (LLMC), International Law (JD)

The course covers all aspects of international arbitration from drafting of the arbitration agreement through initiating and conduct of the arbitration proceeding that results in a binding and enforceable award. The class encourages students’ pro-active participation in a sequence of written submissions for the arbitration proceeding based on a fictional rolling fact-pattern problem. This practicum allows students to work in teams or individually presenting arguments during class sessions in a mock-arbitral tribunal setting to address a spectrum of arbitration and procedural issues. The course objectives are to provide a thorough knowledge of international arbitration laws, and an understanding of the procedural and practice requirements, and to acquire the ability to perform the steps and strategies to effectively conduct an arbitration case on behalf of a client. The UNCITRAL Model Law (2006) will be a primary focus of the study. California’s Arbitration Act is similar to the Model Law so the course information is useful for future domestic arbitrations. The final grade is based on a combination of the class work and the practicum with a take-home final examination. The class-related work counts for 35% and the take-home exam for the other 65% of the grade.

International Environmental Law ( Staff)
LWIC539

2 credit(s), Standard Letter Graded
Requirement(s): Writing
Concentration(s): LLM in International Law (LLMI), Environmental and Energy Law (LLMG), International Law (LLMC), International Law (JD), Environmental and Energy Law (JD)

This course introduces students to international environmental law and considers how law may be used to enhance international environmental protection. It commences with an overview of the international legal system in the context of environmental protection. It then discusses the history, development, sources and principles of international environmental law and reviews the role of the UN and other international agencies in the context of international environmental law-making. Next, it considers issues of particular interest to the United States. These may include climate change, energy, biodiversity and biotechnology, transboundary water, forests and protected areas, and environment and trade. It concludes by considering the resolution of international environmental disputes including international responsibility, the role of international courts and tribunals and the quantification of environmental harm.  

International Sales (William H. Lawrence)
LWIC555

3 credit(s), Standard Letter Graded
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)

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.

International Tax Policy (Victor Fleischer)
LWIC540

2 credit(s), Standard Letter Graded
Requirement(s): Writing
Concentration(s): International Law (MSLS), LLM in International Law (LLMI), LLM in Taxation (LLMT), Taxation (LLMC), International Law (LLMC), Taxation (MSLS), International Law (JD)
Prerequisite(s): Tax I

This course will offer an overview of principal policy considerations that af- fect our international tax rules. Topics will include the merits of different tax systems (worldwide, territorial, hybrid), coordination with international organizations, questions of tax administration and legal complexity, the effi- ciency implications of international tax, and distributional implications. It will consider how well current legislation addresses these various issues and consider whether there are ways that they might be better addressed. It will also review the latest proposed legislation, assess its merits, and project how it might affect tax practice in the future. The class will be conducted as a seminar and will likely include guest experts who will join us in discussions of particular topics. Tax I is a prerequisite for this course.

Intro to US Law (Horacio Spector)
LWGC530

2 credit(s), Standard Letter Graded

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.

Judicial Externship (Shaun P. Martin)
LWVL598

1 - 6 credit(s), P/F Graded
Requirement(s): Experiential
Concentration(s): Employment and Labor Law (LLMG), Employment and Labor Law (JD), Criminal Litigation (JD), Civil Litigation (JD)
Prerequisite(s): Preferred: First-Year Curriculum, Trial Advocacy- (trial-court placements), Criminal Procedure (appellate-court placements), Criminal Procedure (magistrate judge placements), Criminal Procedure (criminal-dept. placements)

The Judicial Internship Program allows students to receive academic credit for work in a judge's chambers in San Diego. Students must work 50 hours per unit of credit. In addition to the work component of the Program, students enrolled in the program will have regular contact with the Program's instructor, Professor Martin, who will meet with students individually, and review samples of the student's refelctive and written work from the internship. Students can secure their own internship position or can meet with Professor Martin for guidance in securing a placement. The internship is graded on a pass/fail basis. Students must receive approval from Professor Martin to register for this program.

 How to Register For A Judicial Externship For Credit

Note: Students must receive approval from Professor Martin to register for this program. There are limitations on JD concentration eligibility. Please check the concentration web pages for more information.
Additional Information:JD Concentration Web Page, Application

Judicial Lawmaking (Edmund Ursin)
LWLP540

3 credit(s), Standard Letter Graded
Requirement(s): Writing
Concentration(s): Civil Litigation (JD)

Judicial Lawmaking examines the lawmaking role of courts. Do courts make law? If so, can this lawmaking by unelected judges be justified in our democratic system? And what if any constraints should be imposed on this undemocratic lawmaking? The focus is not on substantive law. However, in discussing the common law role of courts, examples will be drawn from tort law. Similarly, in the realm of constitutional law, major decisions (Brown v. Board of Education, Lochner v. New York, and Roe v. Wade) will be examined, and we will consider the influence of such decisions on attitudes toward judicial lawmaking generally. A primary focus is the conception of judicial lawmaking embraced—and expressly articulated—by the great judges who have shaped, and continue to shape, American law: Chief Judge Lemuel Shaw, Justice Oliver Wendell Holmes, Justice Roger Traynor, and Judges Henry Friendly, and Richard Posner. The views of these judges are placed in the context of the law and legal scholarship (tort, constitutional, and jurisprudential) of their respective eras. The materials thus span the formative era of American law (the “Shaw era” 1830-1860), the seminal Lochner era, the “Traynor era,” and conclude by examining the contemporary tort scene and the recent jurisprudential writings of Judge Posner.  Successful completion of this course satisfies the written-work requirement.

Juvenile Law (Jean Ramirez)
LWFC546

3 credit(s), Standard Letter Graded
Concentration(s): Children's Rights (JD)

The course in Juvenile Law examines the juvenile court as an alternative to criminal court in matters of juvenile delinquency. It examines juvenile justice through the lenses of law, history, criminology, sociology, developmental psychology, and neuroscience. The course will address status offenses (age-based “offenses,” like curfew violations and truancy), but will focus on what happens and why when juveniles engage in criminal conduct. The course will cover juvenile justice procedure, including diversion or informal supervision and waiver to adult criminal court. The course will also consider the requirements of the Constitution when the accused is a juvenile.

Legal Writing & Research, LLMC (Gail Greene)
LWGC560

2 credit(s), H/P/L/F Graded

This course, which is offered only to students in the LLM in Comparative Law program, focuses on providing students with: (1) a broad overview of the structure of the U.S. legal system; (2) techniques for successful research , writing and practice of law in the U.S. courts; (3) an introduction to the objective analytical skills that promote success in coursework and in the profession; (4) an introduction to persuasive writing techniques; and (5) techniques for success in class and examinations. The course has a very low student-faculty ratio and faculty carefully review each student’s research and writing assignments. Students are provided opportunities to meet with their professor and revise their written work.

Legislation in the Modern State (Gail Heriot)
LWPP549

2 credit(s), Standard Letter Graded
Concentration(s): Public Interest Law (JD)

This course will be focused in part on how our governmental institutions are constructed to ensure that Congress and state legislatures pass, and that other branches of government implement legislation in a manner that is in the public interest. Attention will also be given to how Congress in particular drafts laws knowing those law will ultimately be implemented by others-whether the President, administrative agencies, private litigants, courts or some combination of these. Several case studies will be examined. Although this is not a course on legislation generally nor administrative procedure generally, it has some elements of each as well as elements of public choice theory. It will feature a final examination. 

Mediation Skills (Lisa Maxwell)
LWLP556

2 credit(s), H/P/L/F Graded
Requirement(s): Experiential
Concentration(s): Employment and Labor Law (LLMG), Employment and Labor Law (JD), Civil Litigation (JD)

Mediation is a process by which a trained and impartial third party helps others resolve a dispute. Lawyers use mediation extensively, both as advocates and as neutrals. Participants will learn to mediate a variety of disputes, using the methodology developed by San Diego's National Conflict Resolution Center (NCRC). They will receive a certificate of participation upon their successful completion of the training. Participants must commit to attending each of the training sessions as a condition of enrollment. Enrollment is limited to 36 participants. This course is graded on a 4-tier Pass-Fail basis. Once trained in mediation, students have the opportunity to mediate litigated disputes filed in Small Claims Court in downtown San Diego with NCRC. Students that have completed the Mediation Skills Training are eligible and can complete and submit a Field Placement Form online to the USD Office of Career and Professional Development to receive school credit through an Agency Externship with NCRC. For additional information, please refer to the Career Services website. Note: There are limitations on concentration eligibility. Check the Civil Litigation Concentration (JD) and Employment and Labor Law Concentration (JD) web pages for more information.

Note: There are limitations on concentration eligibility. Check the Civil Litigation Concentration (JD) and Employment and Labor Law Concentration (JD) web pages for more information.
Additional Information:Civil Litigation Concentration, Employment and Labor Law Concentration

Medical Malpractice (Richard "Rick" D. Barton, Dov Fox)
LWGC577

2 credit(s), H/P/L/F Graded
Requirement(s): Experiential
Concentration(s): Health Law (JD)

Welcome to The Anatomy of a Medical Malpractice Case for Physicians and Lawyers. Approximately 85,000 medical malpractice cases are filed throughout the United States each year. With medical technology and the practice of medicine constantly evolving, physicians and medical facilities are tasked with meeting higher standards of quality care. For many physicians, the potential for lawsuits cast a long shadow over the practice of medicine.

This class, taught by attorneys and including practicing physicians, will attempt to answer many questions about the realities of medical malpractice litigation in an interdisciplinary context. It will combine law students and medical residents learning together to enhance an understanding of their respective milieus. The course will examine what causes patients to seek out a lawyer after a complication; the frequency of lawsuits and costs associated with the current tort system; how the potential for litigation impacts physicians in their daily practice; and the dynamics of the various stages of litigation, from inception of the lawsuit through trial. Law students and medical residents will learn about the importance of the burden of proof and the “standard of care,” informed consent, documentation and communication with other healthcare providers, defensive medicine, the procedures for taking and defending expert depositions, how to prepare for trial, as well the practical realities and ramifications of settlement or verdict, including reporting to licensing and regulatory bodies.

The objective of the course will be to give law students the experience of handling a medical malpractice case from start to finish, including learning how to effectively represent a physician, take a deposition, and prepare for trial. For medical residents, this course will provide insight into the legal field, aid in the understanding of the mechanics of a lawsuit, and provide a practical understanding of how the legal system actually functions.

Mental Health Law (Dov Fox)
LWPP545

3 credit(s), Standard Letter Graded
Concentration(s): Health Law (JD)

This course will examine civil and criminal law doctrine that relates to the mental health care system in the United States. The civil aspects of mental health law we will cover include competency, informed consent and refusal, duties to warn, and involuntary commitment. On the criminal side, we will learn about such topics as the psychological profiling, child abuse, the insanity defense, and death penalty.

Moot Court ( Staff)
LWWI555

1 credit(s), P/F Graded
Requirement(s): Experiential

One credit may be awarded to participating team member who represent USD in inter-school moot court competitions, whether administered by the Moot Court Board or supervised directly by a USD faculty member. A person may receive no more than one credit under this paragraph during the law school career.

Multistate Bar Exam Review (Kevin Sherrill)
LWGC576

4 credit(s), Standard Letter Graded

The MBE is given as part of the bar exam in nearly all U.S. jurisdictions. Students in this course will take MBE questions each week using online software (also accessible from tablets and smartphones), which tracks each student’s strengths and weaknesses in every substantive area of the bar exam (constitutional, criminal, real property, torts, contracts, evidence, and civil procedure). The online software will provide real-time review material for each area of the law. Students will also have the opportunity to complete some questions in paper format with scantron forms, just as they will on the actual bar exam.

While review of the relevant substantive law is a prerequisite to complete many of these questions, the class is not designed to replace a commercial bar review course. Instead, students will get a chance to review the substantive law, while also learning the necessary test-taking skills required to do well on the MBE. Therefore, this class will not include substantive law lectures, though some coverage of challenging topics will occur.

Every attempt will be made to make sure the questions in this course will not be the same as most of the questions that are provided in commercial summer bar preparation courses. However, there may be some small overlap, especially with Themis which licenses some of the same questions. Only students planning to graduate in May 2018 may register for the course.

Multistate Bar Exam Review (Michael B. Kelly)
LWGC576

4 credit(s), Standard Letter Graded

The MBE is given as part of the bar exam in nearly all U.S. jurisdictions. USD has licensed every published MBE question from previous examinations. Students in this course will take these MBE questions each week using customized online software (also accessible from tablets and smartphones), which tracks each student’s strengths and weaknesses in every substantive area of the bar exam (constitutional, criminal, real property, torts, contracts, evidence, and civil procedure). The online software will provide real-time review material for each area of the law. Each in-class session will cover test-taking techniques and the substantive law for one of the seven areas of law. Clickers are used to answer questions and provide immediate feedback to students. Please note that BARBRI, Kaplan, and most other bar exam review courses do not provide access to all of the previously released real exam questions from the MBE. As such, the questions in this course will not be the same as most of the questions that are provided in commercial summer bar preparation courses. Students must complete each week’s MBE questions in the required online modules (approximately 5-8 hours per week of work) and an in-class, three-hour final composed of questions similar to actual MBE exams. The final grade is 20% (based on timely completion of weekly assignments) and 80% based on the final exam grade. Only students planning to graduate in May 2018 may register for the course.

NAFTA and Free Trade (Ralph H. Folsom)
LWIC568

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

Free Trade Agreements (FTAs) have dramatically multiplied in number and scope, often covering foreign investment, intellectual property, cross-border services, environmental and labor issues, and dispute settlement arbitrations, in addition to trade in goods. This course provides an introduction to the law and policy issues of Free Trade Agreements, focusing particularly on the renegotiation of the North American Free Trade Agreement (NAFTA) and KORUS, the U.S.-Korea FTA. FTAs of Japan, China, South-East Asia, Africa and the Middle East, Latin America, the United States and the European Union will also be considered.


This research paper course is designed to allow fulfillment of the Law School’s Writing Requirement.

Negotiation (Virginia C. Nelson, Herbert I. Lazerow)
LWLP560

3 credit(s), H/P/L/F Graded
Requirement(s): Experiential
Concentration(s): Business and Corporate Law (MSLS), Employment and Labor Law (LLMG), Business and Corporate Law (LLMC), LLM in Business and Corporate Law (LLMB), Employment and Labor Law (JD), Civil Litigation (JD), Business and Corporate Law (JD)

Effective negotiation skills are essential to the successful practice of law. Most legal disputes are resolved through direct negotiation. This course will teach students effective communication techniques and negotiation strategies in a workshop style setting. The course will introduce students to different types of bargaining, different approaches to bargaining, specialized communication techniques used by effective negotiators, and techniques for overcoming negotiating impasses. Negotiation practices will be taught using both lecture and experiential methods (interactive exercise, role play exercises). This course will be practical in its orientation, with an emphasis on prevailing negotiation techniques and strategies customarily used by practicing lawyers. Due to the participatory nature of the course, enrollment will be limited. Grades are based upon in class participation, in class exercises, student reflection/self-assessment, and homework assignments. The course is graded on a 4-tier Pass/Fail basis. 

Note: There are limitations on concentration eligibility. Check the Civil Litigation Concentration (JD) and Employment and Labor Law Concentration (JD) web pages for more information.
Additional Information:Civil Litigation Concentration, Employment and Labor Law Concentration

Ocean and Coastal Law (Angela Howe)
LWEV565

2 credit(s), Standard Letter Graded
Concentration(s): Environmental and Energy Law (MSLS), Environmental and Energy Law (LLMG), Environmental and Energy Law (LLMC), Environmental and Energy Law (JD)

This course will instruct students on environmental legal issues affecting the nation’s coasts, including but not limited to sea level rise, water quality, coastal management, beach access, and oil spill issues. The U.S. coastline supports a diverse ecosystem, provides for commerce and waterborne trade, offers valuable recreational resources, and is a source of food and energy. With the increasingly competing ocean uses, this course on coastal and ocean law will offer a critical look at emerging policy issues and legal frameworks, coupled with interesting and timely case studies. The course offers an in depth look into several environmental laws, including the Clean Water Act, Oil Spill Pollution Act, Coastal Zone Management Act and others, as well as practical skills established through case studies and stakeholder exercises.

Patent Prosecution (Mark Abumeri, Derek C. Dailey)
LWIP571

2 credit(s), Standard Letter Graded
Concentration(s): Intellectual Property Law (MSLS), Intellectual Property Law (LLMG), Intellectual Property (LLMC), Intellectual Property (JD)
Prerequisite(s): Intellectual Property Survey or Patent Law

This course provides an overview of practical aspects of U.S. patent practice, with a particular focus on issues that will be faced by a patent attorney in the early years of his/her career. Topics covered include preparation and prosecution of patent applications before the U.S. Patent and Trademark Office, discussing strategic and practical considerations in addition to the applicable law, regulations and procedures. The course will also cover development and execution of an IP strategy for a client, evaluation of the scope of issued patents, and issues relating to ownership, assignment, and licensing of patent rights. In addition, ethical issues related to inequitable conduct, duty of candor, and proper representation of clients are addressed. Students will complete a series of real-world assignments, including the drafting of claims and other patent application content, responses to Office actions, and provisions directed to the transfer of patent rights.

Prerequisite: Intellectual Property Survey, or Patent Law. No technical background is required. Grade will be based on a series of practical projects over the course of the semester.

Payroll Taxes (Willard B. Taylor)
LWTE548

1 credit(s), Standard Letter Graded
Concentration(s): Taxation (MSLS), LLM in Taxation (LLMT), Taxation (LLMC)
Prerequisite(s): Tax I

The purpose of this course is to understand the structure of payroll taxes and the new 3.8% tax on net investment income and also to consider the broader issues which these taxes raise. We will not get into the fine print (e.g., should you be withholding FICA on what you pay your babysitter?), but will discuss, for example, the effect of the rules on choice of entity or a structure used to carry on a business (such as the choice between a partnership and an S corporation or between a limited liability company and a limited partnership), the alignment of the taxes with the personal income tax and other connections between “social insurance” programs and the personal income tax. Broader issues include, for example, whether it makes a difference whether these are taxes are viewed as taxes on income or simply as payments made for specific retirement and/or medical benefits (and, depending on how that is answered, whether it might make sense to fund more of the benefits out of general revenues, not payroll taxes and the tax on NII). This class will have a final exam in February. 

Pre-Trial Practice (Shaun P. Martin)
LWLP567

3 credit(s), Standard Letter Graded
Concentration(s): Civil Litigation (JD)

This course discusses the procedural rules that control the pretrial stage of a civil lawsuit, as well as the strategic and tactic utilization of those rules. The course is practice-oriented and particularly focuses on the discovery process, but also discusses pleadings as well as a wide variety of law and motion procedures. The course focuses on practice and procedure in both federal courts in California as well as in California state court.

Privacy Law (Alan Blankenheimer)
LWGC581

3 credit(s), Standard Letter Graded
Requirement(s): Writing
Concentration(s): Intellectual Property Law (LLMG), Intellectual Property (LLMC), Intellectual Property (JD), Intellectual Property Law (MSLS)

Privacy and data security issues are becoming increasingly important to businesses, individuals and governments in light of new information technologies and new threats to their, and our national, security. From the Equifax and Sony hacks to the NSA to iPhone encryption, information privacy law is now essential knowledge in boardrooms and courtrooms. This course will provide an introduction to the constitutional and common law origins of the law of privacy and to the statutory framework in California and at the federal level for protecting private information. 

Products Liability (Edmund Ursin)
LWLP568

3 credit(s), Standard Letter Graded

This course will cover the law governing liability for injuries caused by defective products, including negligence, warranty and strict tort liability doctrines. The doctrine of strict tort liability for defective products has been an especially dynamic area, and the course will cover the historical and theoretical origins of this doctrine. Defenses, causation, and other related doctrines will also be examined. The grade in this course will be based on a final exam with class participation also considered.

Professional Responsibility (Robert F. Muth)
LWAA580

3 credit(s), Standard Letter Graded

The roles of the lawyer in society and the obligations implied in those roles are examined. Topics include disciplinary standards and procedures, the history and organization of the legal profession; avoiding conflict of interest; obligations to clients, the courts, and society, and conflicts presented by the adversary system for settlements of disputes; and responsibilities of lawyers as public servants and citizens. American Bar standards will be reviewed.

Property (Staff)
LWAA530

4 credit(s), Standard Letter Graded

Consideration is given, in both a historical and modern sense, to the rights and obligations that arise out of the legal ownership of possessory and non-possessory interests, tangible, and to a limited extent, intangible, personal, and real property. Areas covered include estates in land, landlord-tenant, conveyancing, land development, public and private control of land use, non-possessory rights in land, bailments, lost and misplaced property, gifts, and an introduction to gratuitous transfers of realty.

Public Interest Law Clinic (Robert C. Fellmeth)
LWVL544

1-3 credit(s), H/P/L/F Graded
Requirement(s): Experiential
Concentration(s): Environmental and Energy Law (LLMG), Environmental and Energy Law (LLMC), Public Interest Law (JD), Health Law (JD), Environmental and Energy Law (JD)

Students who enjoy Public Interest Law and Practice frequently go on to take Public Interest Law Clinic, in which they may design their own writing or advocacy project related to regulatory or public interest law. In the past, these projects have included written critiques of agencies or agency programs; petitioning an agency to adopt regulations; drafting model legislation; participating in litigation to enforce the state's sunshine statutes; or submitting amicus curiae briefs on public interest issues pending appeal. Student critiques of publishable quality may satisfy USD's written work requirement. Students interested in Public Interest Law Clinic must secure a permission slip prior to pre-registration from Professor Julie D'Angelo Fellmeth at CPIL's offices. The clinic is graded on a 4-tier Pass-Fail basis.

Note: There are limitations on JD concentration eligibility. Please check the Environmental and Energy Law Concentration and Health Law Concentration web pages for more information.
Additional Information:Environmental and Energy Law Concentration, Health Law Concentration

Public International Law (Fred Heller)
LWIC575

3 credit(s), Standard Letter Graded
Concentration(s): International Law (MSLS), LLM in International Law (LLMI), International Law (LLMC), Public Interest Law (JD), International Law (JD)

Instant communications, easier travel and expanding international trade mean the actions, interests and welfare of nations and their citizens have become increasingly intertwined, each impacting the others. To regulate this impact, nations have established a multi-level system of law, and some have established multinational organizations which in turn have their own legal systems. This class will survey key components of the resulting aggregation of law (known generally as public international law). It will examine laws governing treaties and other international agreements, the nature and content of customary international law, the recognition of states and governments, the role and operation of international and regional organizations, state responsibilities, laws protecting foreign investments, international dispute resolution mechanisms, the law of the sea and the law of space, and selected other topics. The class will also examine selected controversies of the day to assess how public international law works in difficult situations (for example, in North Korea, Syria, Myanmar, Crimea, Kurdistan and many other places).

Note: This is a required course for the International Law Concentration (JD).

Remedies (Christopher T. Wonnell)
LWLP570

4 credit(s), Standard Letter Graded
Concentration(s): Public Interest Law (JD), Civil Litigation (JD), Children's Rights (JD)

Legal and equitable remedies under statutes and the common law are examined and compared. The course focuses on methods of evaluating alternative remedies and arguing for or against their creation or use in a given case. The course objective is to enable the student not only to identify all available remedies but also to choose the preferred remedy from among them. The principal subjects covered are equity, restitution and damages.

Note: This is a required course for the Civil Litigation Concentration (JD).

Scientific Evidence (Hon. Howard Shore)
LWCR570

3 credit(s), Standard Letter Graded
Requirement(s): Writing
Concentration(s): Criminal Law (MSLS), Criminal Law (LLMG), Criminal Law (LLMC), Criminal Litigation (JD)
Prerequisite(s): Evidence

This course will address the technical requirements under California law for admissibility of both established and new forms of scientific evidence. Possible topics include fingerprints, serology, odontology, DNA and others. Students will apply the principles of admissibility by participating in realistic foundational hearings in the classroom, and will present papers on specific forms of scientific evidence. 

State Income Tax Clinic I (Craig Shaltes)
LWVL560

2-4 credit(s), H/P/L/F Graded
Requirement(s): Experiential
Concentration(s): LLM in Taxation (LLMT), Taxation (LLMC)

This litigation clinic, also known as the "Tax Appeals Assistance Program (TAAP) - Franchise and Income Tax," is a joint effort between the USD Legal Clinics and the California Department of Tax and Fee Administration (CDTFA). Under supervision of an attorney from the CDTFA’s Taxpayer Rights Advocate Office, students assist taxpayers with state income tax disputes against the California Franchise Tax Board (FTB). Students receive legal practice skills training, including gathering and identifying evidence, drafting legal briefs, and representing clients/taxpayers in negotiations with the FTB and at oral hearings before the California Board of Equalization or the California Office of Tax Appeals

State Income Tax Clinic II (Craig Shaltes)
LWVL561

1-4 credit(s), H/P/L/F Graded
Requirement(s): Skills
Concentration(s): LLM in Taxation (LLMT), Taxation (LLMC)

Clinic II interns refine their skills, working on complex cases and cases already begun as Clinic I interns. Students may mentor first time clinic participants, serve as lead attorney on cases, and have additional opportunities to appear in court or administrative proceedings. Supervising attorneys/adjunct professors provide individualized coaching, based on the Clinic II interns’ needs and interests. Prerequisite: Successful completion of Clinic I in the same clinic.

State Sales & Use Tax Clinic I (Michael J. Larkin)
LWVL562

2-4 credit(s), H/P/L/F Graded
Requirement(s): Experiential
Concentration(s): LLM in Taxation (LLMT), Taxation (LLMC)

This clinic is a joint effort between USD Legal Clinics and the California State Board of Equalization (BOE). Under the supervision of an attorney from the BOE’s Taxpayers' Rights Advocate Office, students will represent clients who are appealing California Sales and Use Tax determinations (tax bills). Students will have the opportunity to gain practical legal skills including client interview and counseling, evidence gathering, preparing legal briefs, and actual negotiation with auditors and attorneys. Furthermore, when necessary, students will have the opportunity to represent clients in a litigation setting at Appeals Conferences (informal hearings) and Oral Hearings (similar to court trials).

 

State Sales & Use Tax Clinic II (Michael J. Larkin)
LWVL563

1-4 credit(s), H/P/L/F Graded
Requirement(s): Experiential
Concentration(s): LLM in Taxation (LLMT), Taxation (LLMC)

Clinic II interns refine their skills, working on complex cases and cases already begun as Clinic I interns. Students may mentor first time clinic participants, serve as lead attorney on cases, and have additional opportunities to appear in court or administrative proceedings. Supervising attorneys/adjunct professors provide individualized coaching, based on the Clinic II interns’ needs and interests. Prerequisite: Successful completion of Clinic I in the same clinic.

Tax I (Miranda Perry Fleischer)
LWAA590

4 credit(s), Standard Letter Graded
Concentration(s): Taxation (MSLS), Taxation (LLMC)

Tax I provides students with an understanding of the basic principles of federal income tax, including gross income, deductions, tax accounting, capital transactions, and income shifting. Required for upper-class students.

Taxation of Property Transactions (Phillip L. Jelsma)
LWTE575

2 credit(s), Standard Letter Graded
Concentration(s): Taxation (MSLS), LLM in Taxation (LLMT), Taxation (LLMC)
Prerequisite(s): Tax I (LLM students may take this concurrently)

This course examines practical planning opportunities involving closed sales, open sales, deferred payment reporting, installment sales elections, imputed interest, cost recovery reporting, two-way and three-way real estate exchanges, all-inclusive trust deeds, subordinated financing, midpoint refinancing, and negative basis. Considerable emphasis is placed on understanding interest concepts such as mortgage annual constant percentages, lump sum and annuity present value analysis, and real rate of return (after inflation) analysis.

Trademark Law (Abraham Bell)
LWIP580

3 credit(s), Standard Letter Graded
Concentration(s): Intellectual Property Law (MSLS), Intellectual Property Law (LLMG), Intellectual Property (LLMC), Intellectual Property (JD)

This course provides an overview of trademark and unfair competition law. We will discuss the purpose of these laws, the requirements for trademark protection, and the scope and enforcement of trademark rights. Specifically, we will cover the concepts of distinctiveness, functionality, and use of a trademark; the procedural and substantive aspects of trademark registration; geographic limits on trademark rights; trademark infringement, dilution, cybersquatting, counterfeiting, false advertising, false endorsement, and the right of publicity; and defenses and remedies in trademark actions. 

Transfer Pricing (David Bowen)
LWTE584

2 credit(s), Standard Letter Graded
Concentration(s): Taxation (MSLS), LLM in Taxation (LLMT), Taxation (LLMC)

The course involves a thorough study of the fundamental and practical concepts of “transfer pricing,” from U.S. and international perspectives. Transfer pricing is one of the most significant tax issues for multinational enterprises with international operations. It attracts the scrutiny of tax authorities worldwide and continues to draw attention of multiple countries’ tax legislatures. The course first analyzes the fundamental methods by which income and other items are affected – often with major financial impact - through MNE “controlled” transactions. The basic analytical framework involve critical analysis of U.S. Code provisions, Treasury Regulations, other administrative materials and important judicial decisions. These U.S. provisions are compared to other comprehensive, consensus-type guidelines, such as the recent OECD Guidelines. Practical strategies are discussed in terms of proactive strategies for resolving and avoiding cross-border disputes involving transfer pricing. Topics include allocations and apportionments of income, deductions, credits and allowances; the “arm’s length” standard and its alternatives; BEPS (base erosion and profit shifting); economic double taxation; Treaty mechanisms such as MAP (mutual agreement procedures); TIPs (taxpayer-initiated adjustments) and compensating adjustments; general legal principles and apportionment methods, including the judicial doctrines of assignment of income, the economic substance doctrine, fruit-tree, and other matters; methods to determine “true” taxable income in “controlled” transactions involving tangible and intangible property, services, and intercompany financing; relevant U.S. customs rules; tax penalties and relevant forms, including country-by-country reporting; tax planning and compliance efforts; and relevant comparisons of international transfer pricing rules within particular contexts. Grades will be based on a written exam which includes true false questions, multiple choice, and a hand-graded essay,

Note: This course is open to LLM and JD levels.

Trial Advocacy (Linda L. Lane)
LWLP550

3 credit(s), H/P/L/F Graded
Requirement(s): Experiential
Concentration(s): Criminal Law (LLMG), Criminal Law (LLMC), Criminal Litigation (JD), Civil Litigation (JD)

This is an upper class course focused on the skills of case analysis and oral presentation of those cases to judges and juries on civil or criminal trials. The course also includes developing skills used in the discovery phase of civil cases, especially depositions. The course is specifically designed to expand the skills introduced to the student in Legal Research & Writing. 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. The course is graded on a 4-tier Pass/Fail basis. 

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

Trusts & Estates (Dennis Lilly)
LWTE555

3 credit(s), Standard Letter Graded

This survey course provides an introduction to non-tax aspects of estate planning and the law of gratuitous transfers, including inter vivos gifts, intestate succession, wills, will substitutes, trusts, fiduciary administration, and future interests.

Workers Rights Clinic II (Michael T. Gaitley)
LWVL585

1 credit(s), H/P/L/F Graded
Requirement(s): Experiential

In cooperation with San Francisco’s Legal Aid Society-Employment Law Center, the Workers’ Rights Clinic trains law students in practical skills in employment and labor law, while providing free legal advice to low-income workers in San Diego County. Class includes instruction in labor and employment law, followed by on-site client interviews and advice. Interns, along with the supervising attorney, analyze the client’s situation, identify legal issues and determine what remedies the client might pursue. Students then discuss the findings with the client, who has the option of returning for further advice. Students may also have an opportunity to represent clients in Unemployment Insurance hearings in administrative court. The clinic is graded on a 4-tier Pass-Fail basis.  The spring clinic is for continuing students. 

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