Course Descriptions

Spring 2014 Class Descriptions

California Civil Procedure (Walter Heiser)
LWLP520

3 credit(s)
Concentration(s): Civil Litigation (JD)

This course is designed for upperclass law students who intend to practice law in California and therefore may wish to learn more about California civil procedure. The course will focus on the important caselaw doctrines, statutory rules, and policies which define civil litigation in the California courts with particular attention to those areas of California civil procedure that are unique when compared to federal and to other states' procedural laws. The topics covered will include considerations before undertaking representation; statutes of limitations and related doctrines; California conflicts of law doctrine; jurisdiction, venue, forum non conveniens, and service of process; prejudgment attachment and other provisional remedies; claim and issue preclusion; pleadings and motions; joinder of parties and claims, new party cross-complaints, equitable indemnity, and good faith settlements; the California Civil Discovery Act; summary judgments, default judgments, involuntary dismissals for failure to prosecute, the “fast track” system, and judicial and contractual arbitration; right to jury trial, trial procedures, and post-trial motions; judgments, enforcement of judgments, and setting aside judgments; and appeals, extraordinary appellate writs, and administrative mandamus. The course will also provide students with a brief summary of the federal or general position on each major topic covered as a basis of comparison and as a review of basic civil procedure. Third year full-time and fourth year part-time students have registration priority for this class. The waitlist for this course will be open to all students after fall semester final examinations.

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

4 credit(s)
Requirement: Skills
Concentration(s): Public Interest Law (JD), 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).

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

4 credit(s)
Requirement: Skills
Concentration(s): Children's Rights (JD), Public Interest Law (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).

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

1-3 credit(s)
Requirement: Skills
Concentration(s): Public Interest Law (JD), 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).

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

3-4 credit(s)
Requirement: Skills
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
LWVL511

1-4 credit(s)
Requirement: Skills
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 Procedure II ( Staff)
LWAA511

3 credit(s)

Civil Procedure is the study of procedural rules governing civil actions in state and federal courts. The topics studied throughout the year include selection of the proper court and place for litigation, jurisdiction over the parties, joinder of parties and claims, contents of pleadings, discovery, pre-trial motions, conduct of trials, and conflicts between state and federal judicial systems.

Civil Procedure II (Jane Henning)
LWAA511

3 credit(s)

Civil Procedure is the study of procedural rules governing civil actions in state and federal courts. The topics studied throughout the year include selection of the proper court and place for litigation, jurisdiction over the parties, joinder of parties and claims, contents of pleadings, discovery, pre-trial motions, conduct of trials, and conflicts between state and federal judicial systems.

Civil Rights Law & History (Gail Heriot)
LWPP519

3 credit(s)

This course will explore the legal history of civil rights from the 19th century to the present and will also cover civil rights issues that confront federal and state policymakers today, including human trafficking, hate crimes and same-sex marriage. Among the questions that will be explored will be, “What are ‘civil rights’ and how has the meaning of that term changed over time?” The Reconstruction amendments to the Constitution will be discussed with special emphasis on the Thirteenth Amendment, given that its sesquicentennial is coming up in 2015. Legislation like the New York Married Women’s Property Act of 1848, the Mississippi Black Code, the Reconstruction civil rights acts, the Civil Rights Act of 1957, the Civil Rights Act of 1964, the Voting Rights Act of 1965 and the Americans with Disabilities Act as well as failed efforts like the proposed Equal Rights Amendment will also be explored. Some non-legal historical reading will also be included. This course is aimed at enhancing student understanding of how foundational concepts such as "civil rights" endure and as well as evolve over time and are translated into constitutional and statutory texts, legal institutions and public policy. The class will begin on Wednesday, January 29, 2014 (6:30-9:30pm) and ends on Wednesday, April 23, 2014. There will be a make-up class scheduled for later in the spring semester, time/day TBA. There is no spring break. It will feature a final examination. The course will be graded on a letter grade scale. The final exam will be held on Monday, April 28, 2014 at 6:30pm. This course is open only to students enrolled in the Washington, D.C. Externship Program.

Community Property (Dennis Lilly)
LWTE544

3 credit(s)

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

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.

Complex Litigation
LWLP523

3 credit(s)
Concentration(s): Civil Litigation (JD)

This course offers in-depth instruction in how class actions and other aggregate party lawsuits are litigated in federal courts, taught by a trial lawyer with more than 30 years experience litigating class actions. The course covers the case law and practice skills involved in litigating cases under Rule 23, with special focus on several important substantive areas of class action practice – consumer, securities fraud, employment discrimination, and mass tort. Prerequisite: Civil Procedure

Constitutional Law I ( Staff)
LWAA515

4 credit(s)

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 (Lawrence A. Alexander, Maimon Schwarzschild)
LWPP525

3 credit(s)
Prerequisite(s): Constitutional Law I

This courses covers the Fourteenth Amendment's equal protection and due process clauses. Specific topics include race discrimination (including school desegregation and affirmative action), gender discrimination, discrimination against gays and lesbians, voting rights, privacy (including abortion, sexual freedom, and the right to die), and property. A final exam is required. Prerequisite: Constitutional Law I

Contemporary Water Law
LWEV510

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

This course will introduce students to laws governing the allocation, use, and environmental protection of freshwater resources. Among other subjects, we will consider the scope of public and private rights in water, the division of authority among federal, state, local, and tribal governments, environmental laws that affect water resource planning, groundwater laws, and laws applicable to hydropower generation.

Classes will involve a mix of traditional law school teaching—primarily open discussion of cases or readings, with limited amounts of lecture—and case studies based on real water resource challenges (many, though not all, from California). The case studies will involve more student participation than traditional law school teaching, and they are designed to help students develop oral advocacy and negotiation skills while also learning the material.

Grades will be based on class participation and two writing assignments. Both writing assignments will be based on materials covered in class, and both will simulate writing assignments that would be completed by practicing attorneys. Students will receive detailed feedback and will have a rewrite option for each paper.

Contracts ( Staff)
LWAA520

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

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.

Controlled Substances Law (Donald A. Dripps)
LWGC518

3 credit(s)
Concentration(s): Criminal Litigation (JD)

This course examines the criminal law’s treatment of recreational drug use and the policy controversies attending the law. The course should be of special interest to students interested in taking up criminal practice, whether as prosecutors or defenders, but should also appeal to students interested in our criminal justice system generally. Specific topics covered will include the Nature of Intoxicants, the Development of Legal Prohibitions, and Continuing Debate over Legalization; The War on Drugs, Mass Incarceration, and Questions of Equal Justice; Possession versus Distribution; Manufacture and Conspiracy Offenses; Mens Rea in Drug Crimes; Drug Testing at Work and School; Sentencing under the Guidelines; Criminal Procedure--Informants and Wiretaps; Criminal Procedure—Search and Seizure, with special emphasis on suppression hearing practice; The Controlled Substances Act and the FDCA; Medical Marijuana; and International Aspects of Drug Control.

Copyright Law (Abraham Bell)
LWIP525

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

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 Internship (Stacey Tyree)
LWVL591

1-3 credit(s)
Requirement: Skills
Concentration(s): Business and Corporate Law (JD), Intellectual Property (JD), LLM in Business and Corporate Law (LLMB), Business and Corporate Law (LLMC)

The Corporate Counsel Internship Program consists of a work component and a class component. The Corporate Counsel Internship Program allows students to receive academic credit for working in the legal department of a corporation, company or other business entity. Students may also work in other departments of a corporation as long as they are supervised by a licensed attorney. The goal of the Program is to provide students with the opportunity to observe first-hand the operations of a corporate legal department and to gain an understanding of the legal issues addressed by corporate counsel. The student must not receive monetary compensation or any outside funding for or related to the work and must be supervised by an on-site lawyer. Students can secure their own internship placements or meet with the Internship Director or Career Services for guidance. Placements qualify for the Program only if the organization requires that a student receive academic credit as a condition of the internship. Organizations willing to pay students or to have them work on a volunteer basis do not qualify for the Program. After a placement is found, students must complete an Application Form to have their placement approved for the Program. Employers who participate in the Program must commit to the requirements of the Program. Students work a minimum of 60 hours per unit of credit and may receive 1-3 credits. Students participate in primarily on-line class sessions involving small group discussions, prepare weekly summaries of their work and complete a writing assignment. If you have been accepted into an internship placement and want to apply for the internship course, fill out the Corporate Counsel application. If you have any other questions, email Lizzette Herrera Castellanos or call (619) 260-2342. The internship is graded on a Pass-Fail basis. Please contact the Office for JD Student Affairs (lawstudentaffairs@sandiego.edu) to find out if your work in this clinic qualifies for a JD concentration.

Note: There are limitations on JD concentration eligibility. Please check the Business & Corporate Law Concentration and Intellectual Property Concentration web pages for more information. Email lawstudentaffairs@sandiego.edu to see if your work qualifies.
Additional Information: Business & Corporate Law Concentration, Intellectual Property Concentration

Corporate Innovation and Legal Policy (Orly Lobel)
LWIP528

3 credit(s)
Requirement: Writing
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), Intellectual Property (JD), Business and Corporate Law (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)
Concentration(s): LLM in Taxation (LLMT), Taxation (MSLS), Business and Corporate Law (MSLS), Taxation (LLMC), Business and Corporate Law (LLMC), LLM in Business and Corporate Law (LLMB), Business and Corporate Law (JD)
Prerequisite(s): Tax I, Corporations
Recommended Class(es): Tax II

This course considers the tax treatment of corporations and shareholders in corporate acquisitive reorganizations, single corporation reorganizations and corporate divisions, including carryovers. Tax II is recommended but not required. Prerequisite: Tax I and Corporations.  This is an advanced tax course with priority enrollment for LLM in Taxation students. This class ends April 23 and has a take home final from Friday, April 25 to Monday, April 28. 

Corporations (Lynne L. Dallas)
LWBC545

4 credit(s)
Concentration(s): Business and Corporate Law (MSLS), Business and Corporate Law (LLMC), LLM in Business and Corporate Law (LLMB), 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 Clinic I (Jean Ramirez)
LWVL515

3-6 credit(s)
Requirement: Skills
Concentration(s): Criminal Law (LLMG), Criminal Law (LLMC), Criminal Litigation (JD)
Prerequisite(s): Evidence, Criminal Procedure I, Trial Advocacy/Oral Adv Skills or Practicum, Criminal Law
Recommended Class(es): Criminal Procedure II

This course focuses on the knowledge and skills required to litigate criminal cases in the trial courts. Students intern with an approved defense or prosecution trial agency in the criminal justice system. Students also meet in class for two hours each week. The class component tracks a fictitious, but realistic, criminal case from arrest through sentencing, but not trial, providing students with an overview of the process. Students participate in simulation exercises at various stages of the case and participate in discussions on relevant topics. Prerequisites may be taken concurrently with the instructor’s permission. Students seeking permission to take one or more prerequisites concurrently must make an appointment to discuss the matter with the course instructor in a face-to-face meeting. This variable credit course is graded on a 4-tier Pass-Fail basis. Course credit is based on completion of a minimum number of internship hours: 3 credits-60 hours, 4 credits-120 hours, 5 credits-180 hours, and 6 credits-240 hours.

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

Criminal Procedure I (Kevin Cole)
LWCR520

3 credit(s)
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.

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

Criminal Procedure II (Hon. Richard Huffman)
LWCR525

3 credit(s)
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).

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