Course Descriptions

Fall 2013 Class Descriptions

Securities Regulation (Mark Lee)
LWBC580

3 credit(s)
Concentration(s): Business and Corporate Law (LLMC), LLM in Business and Corporate Law (LLMB), Public Interest Law (JD), Business and Corporate Law (JD), Business and Corporate Law (MSLS)

The Securities Regulation class will include an overview of the capital markets and the underwriting process, the structure and prohibitions of the Securities Act, the registration process, the definitions of security and exempted securities, the private and limited offering exemptions, offerings by underwriters, affiliates and dealers, civil liability under the Securities Act, fraud in connection with a purchase or sale of a Security, and general civil liability provisions. No Prerequisites.

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

Sexual Equality (Catharine MacKinnon, Lori Watson)
LWPP583

3 credit(s)
Prerequisite(s): Con Law I, Con Law II

The course will cover the law and reality of sex equality in the U.S., with some comparative approaches including international law. Topics to be covered include: Constitutional Equality Doctrine, Sexual Harassment, Pornography, Prostitution, Rape, Gay and Lesbian Rights (and the laws governing each of these). Professor Catharine A. MacKinnon will join the USD Faculty as the Knapp Chair for the College of Arts & Sciences. Professor MacKinnon is Elizabeth A. Long Professor of Law at the University of Michigan. This class is cross-listed with the department of Philosophy.

The course will be co-taught with Dr. Lori Watson, Director of Women’s and Gender Studies and Associate Professor of Philosophy. Due to Professor MacKinnon’s obligations at Harvard Law School during the Fall of 2013, Professor Watson will teach the first seven weeks of the course, and Professor MacKinnon will teach the last seven weeks of the course. Space in this course is limited to five students. The Office for JD Student Affairs in conjunction with Professor Miranda McGowan will be reviewing requests for enrollment in the course. Please submit a short statement indicating your interest in taking the course and explaining any prior relevant course work and submit it to lawstudentsffairs@sandiego.edu no later than 5:00 p.m. on Friday, April 12th. This course will be graded by the standard letter grading system. Prerequisite: Con Law II

Sexual Orientation and the Law (Miranda Oshige McGowan)
LWPP584

3 credit(s)

The course will cover a broad range of areas where law recognizes and regulates, either explicitly or not, sexual orientation. This includes the regulation of gay sexuality, equal protection under the U.S. constitution and state constitutions, speech and freedom of association, employment, personal relationships, adoption, and the military. We will also discuss legal issues related to transgendered persons. Modern American society has increasingly expanded political, legal and social rights for oppressed groups, such as members of the LGBT community. As new rights are recognized and protected, however, new social and legal issues emerge. We will discuss why and how civil and social rights for gay men and lesbians has lagged behind that of other social groups. We will also discuss challenges that face the movement today.

Small Claims Clinic I (Franco Simone)
LWVL545

2-4 credit(s)
Requirement: Skills
Concentration(s): Civil Litigation (JD)

The Small Claims Clinic offers students the opportunity to develop interviewing and counseling skills as well as trial preparation skills in the Small Claims Court context. Students assist low-income families in preparing their cases for trial at Small Claims Court and can represent clients in the appeals process in Superior Court. Students must also be available to participate in outreach presentations at various community locations and times. The clinic is graded on a 4-tier Pass-Fail basis. No Prerequisites.

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

Small Claims Clinic II (Franco Simone)
LWVL546

2-4 credit(s)
Requirement: Skills
Concentration(s): Civil Litigation (JD)

The Small Claims Clinic offers students the opportunity to develop interviewing and counseling skills as well as trial preparation skills in the Small Claims Court context. Students assist low-income families in preparing their cases for trial at Small Claims Court and can represent clients in the appeals process in Superior Court. Students must also be available to participate in outreach presentations at various community locations and times. The clinic is graded on a 4-tier Pass-Fail basis. No Prerequisites.

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

State Income Tax Clinic I (Craig Shaltes)
LWVL560

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

This litigation clinic, also known as the "Taxpayer Appeals Assistance Program (TAAP) - Franchise and Income Tax," is a joint effort between the USD Legal Clinics and the California State Board of Equalization (BOE). Under supervision of an attorney from the BOE'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 BOE.

State Income Tax Clinic II (Craig Shaltes)
LWVL561

1-2 credit(s)
Requirement: Skills
Concentration(s): LLM in Taxation (LLMT)
Prerequisite(s): Tax I

This litigation clinic, also known as the "Taxpayer Appeals Assistance Program (TAAP) - Franchise and Income Tax," is a joint effort between the USD Legal Clinics and the California State Board of Equalization (BOE). Under supervision of an attorney from the BOE'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 BOE.

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

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

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

1-2 credit(s)
Requirement: Skills
Concentration(s): LLM in Taxation (LLMT)

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).

Supreme Court Clinic (Michael Devitt, Michael D. Ramsey)
LWVL568

2 credit(s)
Requirement: Skills

 This semester-long class will provide three students the unique opportunity to enjoy the hands-on experience of conducting in-depth research, strategizing legal arguments, and preparing and filing an amicus brief to the United States’ highest court. Additional periodic classroom sessions held throughout the semester will focus upon the substantive issues, Supreme Court procedure, and persuasive written advocacy.

Students will receive two credits for successfully completing this semester-long class. This course is open only to second-year, third-year, fourth-year, and graduate law students; and students must have successfully completed Constitutional Law I or its equivalent. This class will be graded under the four-tier pass/fail method. Course times to be determined once students are selected.

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