Course Descriptions

Fall 2012 Class Descriptions

Immigration Clinic I (Jan Joseph Bejar)
LWVL530

2-4 credit(s)
Requirement: Skills
Concentration(s): Public Interest Law (JD)

Students gain practical experience through interviewing, counseling, and representing clients with immigration-related problems. Students complete forms and draft documents on behalf of clients. Students also attend and/or participate at hearings at Immigration Court. Weekly meetings are held with the clinic supervisor to discuss immigration law, practical application and casework. The clinic is graded on a 4-tier Pass-Fail basis. No Prerequisites.

Immigration Clinic II (Jan Joseph Bejar)
LWVL531

2-4 credit(s)
Requirement: Skills
Concentration(s): Public Interest Law (JD)

Students gain practical experience through interviewing, counseling, and representing clients with immigration-related problems. Students complete forms and draft documents on behalf of clients. Students also attend and/or participate at hearings at Immigration Court. Weekly meetings are held with the clinic supervisor to discuss immigration law, practical application and casework. The clinic is graded on a 4-tier Pass-Fail basis. No Prerequisites.

Intellectual Property & Antitrust (David McGowan)
LWIP545

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

This course focuses on competition law issues arising from the use of IP rights. Prerequisite: One of the following courses; Copyright Law, Intellectual Property Survey, Patent Law or Trademark Law or Trademarks Seminar.

Intellectual Property Law Clinic (Ted Sichelman)
LWVL532

3 credit(s)
Requirement: Skills

This course places students at local law firms to provide legal assistance to local technology companies, independent inventors, artists, musicians, and others in need of pro bono IP work in the areas of patent and trademark prosecution as well as licensing and litigation in all IP fields. Students will be supervised by attorneys at local law firms as well as the professor. The course will begin with 5-6 weeks of class sessions covering the core types of transactions encountered in technology startups. There are no scheduled classes during the remainder of the semester, instead, students will work with clients and supervising lawyers each week, and meet one-on-one with the professors on a regular basis. An application process will be used to select students for the course. Students may only begin the course in the fall semester, and may continue in the spring semester, but are not required to do so.

Intellectual Property Law Speaker Series (David McGowan, Ted Sichelman)
LWIP555

1 credit(s)
Prerequisite(s): See course description

The IP Law Speaker Series will feature four distinguished speakers, typically leading academics, during the semester. The speakers will address a variety of topics in patent, trademark, copyright, and trade secret law. Students participating in this course will attend all of the speaker sessions, as well an introductory and concluding non-speaker session with the professors. Students will be required to draft a 1-2 page comment for each presented paper, which will be graded. Students must have taken a course in some area of intellectual property, or have work experience in the field, to register for the course.

Intellectual Property Survey (Lisa P. Ramsey)
LWIP550

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

This course provides a broad overview of intellectual property law. After discussing the policies underlying the protection of intellectual property rights, we will cover trade secret, patent, copyright, and trademark law, and related doctrines such as the right of publicity. These topics will be examined with a focus on new technologies, but a science or technical background is not required. This course provides a foundation for advanced intellectual property courses and is also appropriate for students who seek only a general understanding of intellectual property law. The grade will be based on a final examination.

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

International Civil Litigation (Michael D. Ramsey)
LWIC536

3 credit(s)
Concentration(s): LLM in International Law (LLMI), International Law (JD), Civil Litigation (JD), International Law (LLMC)

International Civil Litigation will deal with a variety of issues which arise in international litigation in courts of the United States. Likely to be included are Judicial jurisdiction; service of process abroad; forum selection; taking evidence abroad; Foreign Sovereign Immunities Act of 1976; subject matter and legislative jurisdiction; the Act of State Doctrine; recognition and enforcement of foreign judgments; and international arbitration. Prerequisite: Civil Procedure.

International Criminal Law (David W. Brennan)
LWIC535

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

This course will initially address the general nature of international criminal law and the hierarchy of crimes as it relates to individual, state and other responsibilities along with the important concept of universal jurisdiction for certain classes of crimes. The study will then focus on the United States Constitution and our approaches to international criminal law in case law that includes military commissions and court martial processes. The legal rationales for states to exercise of jurisdiction over the person will be examined under the processes of extradition, rendition, deportation and extraterritorial abductions. Considerable attention will be given to the international tribunals that followed World War II and the later ad hoc tribunals that preceded the creation of the Rome Statute (1998) for the International Criminal Court in The Hague with its jurisdiction over the crime of genocide, crimes against humanity, war crimes and crimes of aggression. The course will review some of the major jurisprudence from domestic and international tribunals on the subject of international criminal law as well as decisions from the International Court of Justice. The contemporary issues of piracy, terrorism, genocide, torture & inhumane treatment, drug trafficking, money laundering and human trafficking will cover most of the final segment of the course. A lecture-seminar approach will be used for the classes that will require class participation. The final grade for the class will be based primarily on the submission of an approved-topic paper that will satisfy the writing requirement for graduation.

International Environmental Law (Jorge A. Vargas)
LWIC539

3 credit(s)
Concentration(s): Environmental and Energy Law (LLMG), International Law (LLMC), International Law (JD), Environmental and Energy Law (JD), LLM in International Law (LLMI)

The course is designed to analyze some of the major international environmental problems of interest to the United States. A wide variety of current and traditional transborder legal questions regarding international rivers, marine and air pollution, toxic waste and hazardous materials, endangered species, and nuclear radiation are discussed. Special emphasis is given to contemporary legal questions, including a special segment devoted to analyzing the bilateral environmental issues with Canada and Mexico. A research paper is required.

International Redress for Human Injustice (Roy L. Brooks)
LWIC553

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

This seminar provides an intense study of the international redress movement. The focus is on claims from around the world that seek redress for human injustice under post-Holocaust conditions. Among other claims studied are those brought against Germany for Nazi persecution, Japan for its "comfort women" system, South Africa for Apartheid, and the United States for a number of injustices, including its genocidal campaigns against Native Americans, the internment of Japanese Americans, and the enslavement and segregation of African Americans. Drawing on legal and political analyses, government documents, personal testimonies, and historical narratives, a broad array of questions will be considered ranging from the particular-e.g., Why does the United States offer millions of dollars to Japanese Americans relocated to concentration camps during World War II but offers not even an apology to African Americans for 2 1/2 centuries of slavery? -to the general-e.g., Is there a beast in all political regimes waiting to be unleashed by extraordinary fear, greed or fury? Class attendance is essential. A paper will be required.

Note: Students may only elect this course or International Human Rights to count towards the International Law Concentration (JD).

International Tax Policy (Mark S. Hoose)
LWTE540

2 credit(s)
Requirement: Writing
Concentration(s): LLM in International Law (LLMI), International Law (JD), LLM in Taxation (LLMT), International Law (LLMC)
Prerequisite(s): Tax I
Recommended Class(es): Tax II

The first portion of this seminar provides a basic survey of major international tax issues relating to cross-border transactions, including residency, source, taxation of business and investment activities of U.S. persons abroad and foreign persons within the U.S., entity classification, the foreign tax credit, and transfer pricing. In the second portion of the seminar, students will independently explore current international tax topics, such as proposals to address tax haven abuses, strengthen anti-deferral provisions, and move toward a territorial system. The seminar is intended primarily for JD students seeking an introduction to structural policy issues in the international arena. Prerequisite: Tax I is required; Tax II may be useful. The student’s grade is based on seminar participation and a written paper. Satisfactory completion of the course will meet the upper-class writing requirement for the JD degree (and the Tax Policy requirement for the LLM Taxation degree).

International Taxation (Mark S. Hoose)
LWTE539

3 credit(s)
Concentration(s): LLM in Taxation (LLMT), Business and Corporate Law (LLMC), LLM in International Law (LLMI), International Law (JD), Business and Corporate Law (JD), International Law (LLMC)
Prerequisite(s): Tax I
Recommended Class(es): Tax II

This basic course in international taxation will focus on the principles relating to the taxation of foreign persons (individuals as well as legal entities) by the United States and the U.S. taxation of income received by U.S. individuals and entities from activities abroad. Topics will include principles of international tax jurisdiction; rules relating to the source of income and deductions; the foreign tax credit; Section 482 and transfer pricing; foreign currency translations; international double taxation treaties and an introduction to controlled foreign corporations. This is an advanced tax course with priority enrollment for LLM in Taxation students.

Note: Students who have taken OUTBOUND INTERNATIONAL TAX PLANNING (Pugh) and/or TAXATION ON INTERNATIONAL TRANSACTIONS (Lazerow) are not eligible to enroll in this course.

International Trade & Investment Law (Ralph H. Folsom)
LWIC558

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

This course will analyze the key legal and policy issues relating to international trade and investment, with particular emphasis on the General Agreement on Tariffs and Trade (GATT) and the World Trade Organization (WTO). Additional topics include aspects of the North American Free Trade Agreement (NAFTA) and the European Union, and U.S. laws relating to international trade and investment. Substantial emphasis will be placed on matters of current interest and controversy, including the global explosion of free trade agreements, the relationship between the United States and China, and efforts to develop protections for investment, labor and the environment. The grade will be entirely based on a research paper suitable for USD written work requirements.

Interviewing & Counseling (Allen C. Snyder)
LWLP535

3 credit(s)
Requirement: Skills

This course provides advanced training in the skills of client interviewing and counseling. The first part of the course is devoted to learning the specific micro-skills that make up effective interviewing through readings, demonstrations and role-plays. The second- part focuses on the counseling dimension of lawyer-client relationships. In addition to classroom preparation and activities, students will interview actual clients in various locales, including the USD Legal Clinic, the San Diego County Law Library Clinic, and several senior citizen centers. Ethical issues unique to interviewing and counseling are emphasized. Oral Advocacy Skills previously titled Lawyering Skills II or Practicum is highly recommended, but not required. Enrollment is limited; attendance at first class meeting is mandatory. The course is graded on a 4-tier Pass-Fail basis.

Intro to US Law (Michael Devitt)
LWGC530

2 credit(s)

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.

Introduction to the Study of Law (Staff)
LWAA505

1 credit(s)

Introduction to the Study of law is a 1-credit, fall semester-only course designed to provide first-year law students with an introduction to the legal system and profession, and to assist in the development of analytical reasoning skills. The course provides students with an introduction to legal education, the legal profession, and the legal system in general. Topics include: the structure of the American government and court systems; types, sources and meanings of law; tools of interpretation; techniques for understanding and analyzing legal problems; and professionalism. The course also introduces students to professional skills opportunities while in law school and techniques in organization, time-management, and exam preparation. Student learning will be evaluated through short writing assignments and objective in-class quizzes. This course is graded on a “pass/fail” basis.

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