Course Descriptions

Spring 2012 Class Descriptions

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

2-4 credit(s)
Requirement: Skills

Students receive practical training and experience in client intake, interviewing and counseling, file review and analysis, and legal representation in diverse forums. Some cases proceed to mediation and due process hearings, where students argue the case with support from the supervising attorney. Weekly group meetings are combined with individual case conferences to provide intensive personal training in case management. The classroom component also includes an overview of statutes and cases in this growing area of civil law. The clinic is graded on a 4-tier Pass-Fail basis. No prerequisites. Recommended: Special Education and the Law.

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

1-4 credit(s)
Requirement: Skills

Students receive practical training and experience in client intake, interviewing and counseling, file review and analysis, and legal representation in diverse forums. Some cases proceed to mediation and due process hearings, where students argue the case with support from the supervising attorney. Weekly group meetings are combined with individual case conferences to provide intensive personal training in case management. The classroom component also includes an overview of statutes and cases in this growing area of civil law. The clinic is graded on a 4-tier Pass-Fail basis. No prerequisites. Recommended: Special Education and the Law.

Employment Discrimination (Miranda Oshige McGowan)
LWPP535

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

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 (Richard A. Paul)
LWPP539

3 credit(s)
Requirement: Writing
Concentration(s): Labor and Employment Law (LLMG)

This course will examine the application of traditional doctrines of free expression, privacy, harassment, defamation and related workplace rules to speech articulated in emerging communications technology devices. The course will open with a discussion of the technologies, their typical ownership and function, and of the areas of potential conflict surveyed in my article “Brave New Cyberworld: The Employer’s Legal Guide to the Interactive Internet” (R. Paul and L. Chung, 2008). The first quarter of the course will then review in some detail the bases and reaches of 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 quarter of the course will examine the application of these ideas in different employment environments, starting with the information-sensitive (public employment, higher education workplaces and other workplaces in which information flow is a critical component of the work done), and then in the ordinary private sector environment. The final quarter of the course will look at specific technology problems, e.g., monitoring employee computers, blackberry’s, SNS’s, text messaging, blogspeak, and the like. The final part of the course will be reserved for presentation and discussion of student papers on topics within the general course parameters.

Energy Law and Policy Clinic (Michael Reed)
LWVL518

1-3 credit(s)
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. Prerequisite: Energy Law

Entertainment, Sports and Intellectual Property Internship Program (Lizzette Herrera Castellanos)
LWVL592

1 - 3 credit(s)
Requirement: Skills
Concentration(s): Intellectual Property (JD)

The Entertainment, Sports and Intellectual Property Internship Program consists of a work component and a class component and allows students to earn academic credit for working in a law department of an entertainment or sports industry company, talent guild or trade association, or in the intellectual property law department of a company or trade association. Students work a minimum of 60 hours per unit of credit and may receive 1-3 credits. Students participate in primarily online class sessions involving small group discussions, prepare weekly summaries of their work and complete a writing assignment. If you have been accepted into an internship placement and want to apply for the internship course, fill out the ESIP application below. The Internship is graded on a Pass-Fail basis. If you have any other questions, email Lizzette Herrera Castellanos or call (619) 260-2342.

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

Entrepreneurship Clinic I (Donna Matias)
LWVL520

2-3 credit(s)
Requirement: Skills

Through hands-on opportunities, students in the Entrepreneurship Clinic provide pro bono legal services to low- and moderate-income entrepreneurs who want to start or expand their small businesses. The Entrepreneurship Clinic does not engage in litigation-related services; instead, it focuses on advising clients on legal matters relating to starting their business and assisting in drafting and filing necessary documents. Such work includes: determining the appropriate choice of business entity, assistance in obtaining necessary permits and licenses, advising on employment and independent contractor issues, drafting and reviewing commercial contracts and leases, and assisting with the establishment of tax-exempt organizations. The clinic is graded on a 4-tier Pass-Fail basis. No prerequisites.

Entrepreneurship Clinic II (Donna Matias)
LWVL521

2-3 credit(s)
Requirement: Skills

Through hands-on opportunities, students in the Entrepreneurship Clinic provide pro bono legal services to low- and moderate-income entrepreneurs who want to start or expand their small businesses. The Entrepreneurship Clinic does not engage in litigation-related services; instead, it focuses on advising clients on legal matters relating to starting their business and assisting in drafting and filing necessary documents. Such work includes: determining the appropriate choice of business entity, assistance in obtaining necessary permits and licenses, advising on employment and independent contractor issues, drafting and reviewing commercial contracts and leases, and assisting with the establishment of tax-exempt organizations. The clinic is graded on a 4-tier Pass-Fail basis. No prerequisites.

Environmental Clinic I (Richard J. Wharton)
LWVL525

2-4 credit(s)
Requirement: Skills
Concentration(s): Public Interest Law (JD), Environmental and Energy Law (LLMG)
Prerequisite(s): Environmental Law or concurrently

This is a clinical course for students who wish to develop litigation skills in the context of environmental law. All work is performed under the direct supervision of the director of the Environmental Law Clinic. This clinic focuses on impact litigation. There is a two-hour per week classroom component, as well as a regular meeting with the director of the Environmental Law Clinic. Prerequisite: Environmental Law, which may be taken concurrently. The clinic is graded on a 4-tier Pass-Fail basis.

Environmental Clinic II (Richard J. Wharton)
LWVL526

1-5 credit(s)
Requirement: Skills
Concentration(s): Public Interest Law (JD), Environmental and Energy Law (LLMG)
Prerequisite(s): Environmental Law

This is a clinical course for students who wish to develop litigation skills in the context of environmental law. All work is performed under the direct supervision of the director of the Environmental Law Clinic. This clinic focuses on impact litigation. There is a two-hour per week classroom component, as well as a regular meeting with the director of the Environmental Law Clinic. Prerequisite: Environmental Law, which may be taken concurrently. The clinic is graded on a 4-tier Pass-Fail basis.

Environmental Law Seminar (Kelly Richardson, Ryan R. Waterman)
LWEV523

3 credit(s)
Requirement: Skills
Concentration(s): Public Interest Law (JD), Environmental and Energy Law (LLMG)

This course will cover major federal legislative initiatives in the environmental field, including the Clean Air Act, the Clean Water Act, the Resource Conservation and Recovery Act, and the Comprehensive Environmental Response, Compensation and Liability Act (“Superfund”). We will analyze the constitutional underpinnings of these statutes and explore related issues including citizen suit provisions and the roles and relationships of federal, state, and local governments in the enactment and enforcement of environmental legislation. The course touches briefly on environmental rulemaking and multi-venue litigation addressing the relationship between federal statutes and state common law, as well as environmental insurance issues. No prerequisites necessary, final examination only. Course will be taught on select Saturdays to be announced at first class meeting.

Estate Planning (Dennis Lilly)
LWTE520

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

The study of estate planning brings together in a practical, planning-oriented approach the knowledge gained from many courses to assist prospective lawyers in advising their clients how to arrange the most effective disposition of their capital and income. The income taxation of trusts and estates, the revocable trust, and the marital deduction are reviewed in detail. Differences between planning with separate property and community property are considered. This course is tax intensive and intended for students with a strong interest in tax law. Prerequisites: Tax I (Basic Federal Tax), Federal Estate and Gift Taxation, and T&E: Wills & Trusts. This is an advanced tax course with priority enrollment for LLM in Taxation students.

Ethics, Law & Int'l Affairs (Horacio Spector)
LWJT515

1 credit(s)
Concentration(s): LLM in International Law (LLMI), International Law (LLMC)

Contemporary public policy and legal debates in both the domestic and international arenas involve an intricate network of moral, political, and legal considerations. The seminar’s ambitious goal is to throw light on the relations among these three fundamental realms: ethics, politics, and law. After a general introduction, we will proceed to discuss the following topics: conceptions of liberty and equality, democracy and public deliberation, human rights, and the rule of law. Our attention will be focused on issues that cross national boundaries: Is democracy more important than the rule of law? Does economic equality threaten liberty? Are welfare rights compatible with civil liberties in illiberal democracies? What’s the place of choice in social welfare regimes? Is well being synonymous with income? In the last part of the seminar, we will deal with complex global issues: wars and military interventions, terrorism, and global justice. Can military force be used to protect human rights? Should rich nations transfer money to poor countries? Should pharmaceutical patents be enforced in the undeveloped world? Is there a global community? Students will be required to write a short paper (10-12 pages).

Evidence (Michael Devitt)
LWLP529

4 credit(s)
Concentration(s): Criminal Litigation (JD), Civil Litigation (JD), Criminal Law (LLMC)

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 (Donald A. Dripps)
LWLP529

4 credit(s)
Concentration(s): Criminal Litigation (JD), Civil Litigation (JD), Criminal Law (LLMC)

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 (Laura M. Berend)
LWLP530

1 credit(s)
Requirement: Skills
Concentration(s): 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. Evidence is a prerequisite. Enrollment is limited to 8 students. The course is graded on a 4-tier Pass/Fail basis.

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