Course Descriptions

Spring 2014 Class Descriptions: Electives

Advanced Chapter 11 Reorganization (Philip J. Giacinti, Jr.)
LWBC500

3 credit(s)
Requirement: Skills
Prerequisite(s): Bankruptcy

This course focuses on business reorganization under Chapter 11 of the Bankruptcy Code. It features lectures followed by practical application by teams of students divided into the roles of debtor-in-possession counsel, official creditors committee counsel, and secured creditor counsel. The teams of students will be provided a troubled business, inclusive of assets, liabilities, secured and unsecured debt. Presented with financial statements, schedules and a statement of affairs, the student teams will rotate roles as debtor-in-possession counsel, creditor committee counsel, secured creditor counsel and U.S. Trustee. The teams will prepare pleadings, present and argue critical phases of the business reorganization process and seek confirmation of a Chapter 11 plan of reorganization. A basic Bankruptcy course is a prerequisite. Grading will be in the traditional letter grading scale. Final grade will be based on exam, plus plan and disclosure statement presentations.

Advanced Corporate Tax Problems (Richard A. Shaw)
LWTE508

2 credit(s)
Requirement: Skills
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 II

A series of planning and structural problems involving advanced issues in corporate taxation will be discussed. The topics to be covered include advanced corporate asset disposition and distribution problems; redemptions; stock transfers and dividends; collapsible corporations; accumulated earnings tax; personal holding companies and S corporations. Prerequisite: Tax II (Corporate Tax). This is an advanced tax course with priority enrollment for LLM in Taxation students. This class meets for 10 sessions TBA.

Advanced Corporate Transaction Skills (Scott Wolfe)
LWBC505

3 credit(s)
Requirement: Skills
Concentration(s): LLM in Business and Corporate Law (LLMB), Business and Corporate Law (MSLS), Business and Corporate Law (LLMC)
Prerequisite(s): Corporations

This course is designed to teach each student drafting and negotiating skills relating to the documentation of major corporate transactions, including company formation, seed and venture capital financings, mergers and acquisitions and IPOs. It provides hands-on practical experience for students interested in corporate practice from a corporate practitioner with over 30 years of experience. Grades are based on written assignments and class participation.

Advanced Issues in Climate & Energy Law (Jody Freeman)
LWEV502

1 credit(s)
Concentration(s): Environmental and Energy Law (LLMG), Environmental and Energy Law (LLMC), Environmental and Energy Law (MSLS), Environmental and Energy Law (JD)

This course will cover selected advanced topics in climate and energy law and policy. We will cover recent trends in fossil fuel production, including onshore fracking, offshore drilling, and coal production, which are being driven both by market forces and regulation. We will also discuss the domestic legal regime that currently governs electricity, with particular attention to renewable energy and nuclear power as alternatives to the current energy mix. We will also discuss salient issues that have come to the fore during the Obama administration, including the president’s authority to use executive power to address climate change in the face of congressional inaction, largely through implementation of the Clean Air Act. Although there are no pre-requisites, the introductory course in environmental law, or the course in climate change, will be helpful. Students will be asked to write short (1 page) comment papers on the assigned readings to be submitted prior to each class session (for the long day, on Friday, students must submit two separate comment papers) and write a short (5 page) final paper.

Advanced Legal Research (Karl Gruben)
LWLP512

2 credit(s)
Requirement: Skills

This class will offer an in-depth analysis of legal research methods and sources, covering both print and electronic formats, to develop an understanding of legal research as a process. Classes include a combination of lectures, discussions of readings and techniques, online training, and might include presentations by guest lecturers. Emphasis is placed on critically evaluating the content and organization of research resources, regardless of format, and understanding their appropriate use, to illustrate that research is approached as both a skill and an intellectual endeavor. The student should finish the class with a deeper understanding of the tools of legal research and with an ability to use those tools, either print or electronic, commercial or free, to engage in high quality, cost effective legal research. Students are graded by the standard letter grading system.

Advanced Legal Writing (Janice L. Sperow)
LWGC505

1 credit(s)
Concentration(s): Criminal Law (LLMG), Criminal Litigation (JD), Civil Litigation (JD)

Advanced Legal Writing is a new one-unit course specifically designed to help students strengthen their fundamental legal writing skills. The class will help students master the skills needed to be a good legal writer, including :Selecting active and powerful word choices; Constructing paragraphs; Using proper grammar and punctuation; Creating a strong micro and macro legal structure; Developing thesis and conclusion sentences; Issue spotting; Extracting, formulating, and synthesizing rules of law; Crafting explicit factual comparisons; and Revising, editing and perfecting their work product. The class will also include workshops on “The Secrets of Successful Legal Writing Students” and “How to Ace Your Final & Bar Exam Essays.” Students will learn through lecture, in-class exercises, outside-class exercises, workshops, one-on-one TA and Professor sessions and practice. The class requires no outside research. It will be graded H, P, LP and F. 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.)

Advanced Trial Advocacy (Lynne Lasry)
LWLP515

3 credit(s)
Requirement: Skills
Concentration(s): Criminal Litigation (JD), Civil Litigation (JD), Criminal Law (LLMC), Criminal Law (LLMG)
Prerequisite(s): Trial Advocacy (Oral Advocacy/LSII), 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 (Oral Advocacy/LS II) and Evidence. Enrollment is limited. Students are graded by the standard letter grading system.

Agency, Partnership & the LLC (Mark Lee)
LWBC502

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

This course is about the business issues that inevitably confront people working together and how the laws of the various forms of non-corporate business organizations -- agency, partnership, limited partnership, limited liability partnership (LLP), and limited liability company (LLC) -- resolve these issues. The focus will be on what, if anything, a lawyer can and should do about the resolutions provided by these laws. Students will be asked to provide advice to hypothetical clients about how they might achieve some of their goals while reducing the chances of pricey litigation. Because the focus of this course is the development of a set of skills, students will be asked to practice using these skills every day in class; the professor will ask sets of interrelated questions and will work with students to answer these questions. The instructor treats students as junior partners, according them the respect due and expecting them to shoulder the responsibilities of a junior partner.

Antitrust (Mark Lee)
LWBC503

3 credit(s)
Concentration(s): 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), Intellectual Property Law (MSLS), Business and Corporate Law (MSLS)

In the name of two vaguely worded statutes, the Sherman Act and the Clayton Act, courts have regulated a wide variety of business practices including price-setting cartels, trade associations activities, distribution agreements, franchising, package selling, boycotts, long-term contracting, and mergers. This course focuses on the issues raised by this regulation. Understanding and formulating the arguments bearing on these issues requires the use of elementary microeconomics. Students without any economics background usually constitute the plurality of the class population. If you are among this plurality, you may experience a little intellectual discomfort, but you may take solace in the fact that, in several other years, some similarly situated students outperformed their classmates. The trick is to avoid falling into the trap of believing that wishing makes something so. I will assume that you have engaged in no prior study of microeconomics (unless each of you informs me otherwise), so I will explain the relevant economic concepts as they arise. When I am not explaining economic concepts – or summarizing a course unit – I will direct class discussion about cases and problems. I will do this by asking a set of interrelated questions designed to (a) lead students to a particular insight and (b) serve as a model for analysis. Your course grade will not be less than the grade that you achieve on the (very traditional) final examination, but it may be one grading increment higher if you make a relatively strong net intellectual contribution to class.

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)

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.

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 (Alan Schulman)
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 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 (David Owen)
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.

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 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 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).

Deals (Frank Partnoy)
LWBC550

3 credit(s)
Requirement: Skills
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): Corporations

This course will focus on the role of lawyers in a variety of corporate transactions. It is designed for students interested in practicing corporate or securities law or in careers in business. Among the types of deals typically covered are compensation agreements, venture capital financing, initial public offerings, and mergers and acquisitions. The course also typically covers certain specialized deals, which in the past have included securitizations, international trade financing, spinoffs, tracking stock, and director/officer insurance. Students will complete one or more individual assignments, which will involve the creation and editing of documents related to one or more deals on a real-time basis. Depending on the number of students enrolled, students also might form teams to write papers and give presentations on a particular deal. Corporations is a prerequisite.

Employment Discrimination (Miranda Oshige McGowan)
LWPP535

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

Enterprise, Products & No-Fault Liability (Edmund Ursin)
LWPP542

3 credit(s)

For the past half century tort law has been one of the most dynamic areas of American law. Beginning in the 1960s, landmark judicial decisions, many from California, sparked a strict products liability “revolution” and a reshaping of the contours of negligence law. And in 1970s a number of state legislatures enacted automobile no-fault plans, supplanting “tort.” This dynamism continues today with the American Law Institute’s highly controversial Restatement (Third) of Torts and renewed initiatives for no-fault alternatives to tort (as well as the September 11th Victims’ Compensation Fund). This course examines these developments from the perspective of the theoretical viewpoints and political forces that influenced the judicial decisions and legislative initiatives that have reshaped and continue to reshape American personal injury. 

Environmental Law (David Owen)
LWEV520

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

This survey course addresses the principles that govern federal environmental law, including the respective roles of the courts, state and federal agencies, and citizen groups. Environmental statues covered include: The National Environmental Policy Act, Endangered Species Act, Clear Air Act, Clean Water Act, Resource Conservation and Recovery Act and Comprehensive Environmental Response, Compensation and Liability Act (Superfund).

Note: This is a required course for the Environmental & Energy Law Concentration (JD)
Additional Information: Environmental & Energy Law Concentration

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

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

Contemporary public policy and legal debates in both the domestic and international arenas involve an intricate network of moral, political, and legal considerations. The course’s 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, conflicts of rights, corporate responsibility for human rights violations, and the rule of law. Our attention will be focused on cross-boundary issues: Is democracy more important than the rule of law? Does economic equality threaten liberty? Are welfare and social rights compatible with civil liberties in populist democracies? 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? Are there immigration rights? Is there a global community? Each student will be required to write a research paper of 20 pages in length. Successful completion of this course satisfies the written-work requirement.

Evidence (Donald A. Dripps, Jean Ramirez)
LWLP529

4 credit(s)
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 (Laura M. Berend, Lisa Rodriguez)
LWLP530

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

Federal Courts (Steven D. Smith)
LWPP545

3 credit(s)
Concentration(s): Civil Litigation (JD), Public Interest Law (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 ( Staff)
LWGC520

1 credit(s)

The course covers the fundamentals of bar exam essay writing and performance test writing. The first class is an introduction to bar exam components and topics. The next several classes focus on the details of essay exam writing and performance test drafting. Students will receive substantial feedback on their written work, and participate in small group sessions, self and peer review, and professor-student conferencing. Grading is on the H/P/LP/F scale. Students may be withdrawn from the course and/or given a failing grade for missing more than one class, failing to turn in any written assignments on time, or failing to complete any practice examination. 3L & 4E students only.

Note: As of November 14, 2013, open enrollment for this class is available to graduating JD students. No permission will be required.

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

3 credit(s)

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. The final grade for the class will be based upon class participation and on the submission of an approved-topic paper. This course is not a course that allows you to satisfy the law school’s writing requirement.

Health Law & Reproduction (Dov Fox)
LWGC536

3 credit(s)
Concentration(s): Children's Rights (JD)

Millions of children--almost 3% each year in the United States--are born using reproductive technologies. The emergence of high-tech ways to have children has raised new questions in torts, contract, inheritance, immigration, family, constitutional, and especially health law. This course will consider the cases, statutes, and policies that explore these issues. The topics to be covered include sperm donation, egg freezing, gamete selling, embryo disputes, prenatal torts, surrogacy contracts, fertility tourism, pre-implantation selection, and posthumous conception. No background in science or medicine is required. This course will be graded based on a take-home final exam.

High Tech Start Ups (Thomas A. Smith)
LWBC587

2 credit(s)
Requirement: Writing
Concentration(s): 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), Intellectual Property Law (MSLS), Business and Corporate Law (MSLS)

This course covers the legal principles and some of the tax law applicable to a series of interesting, complex, and current entrepreneurial transactions, utilizing venture capital or private equity financing. The course will cover, time permitting, as many as possible of the following: (1) a new business start up (with emphasis on high technology sectors); (2) a growth equity investment in an existing business enterprise; (3) a leveraged buyout of a private or a public company (including a going-private transaction); (4) use of a flow-through tax entity such as an S corporation, a partnership, or an LLC, for a variety of venture capital or private equity financed transactions; (5) devising an exit scenario for the successful venture capital or private equity financed enterprise (such as IPO, SEC rule 144 sales, or sale of the company); and (6) forming a new venture capital, LBO, or private equity fund. Substantive subjects touched upon include federal income tax, securities regulation, corporate law, partnership law, LLC law, bankruptcy law, fraudulent conveyance law, and other legal doctrines and accounting rules and practical structuring issue relevant to entrepreneurial transactions (including use of common and preferred stocks, convertible debentures and convertible preferred, warrants, and options). The course reviews these in a transactional context and may also consider to some extent their policy underpinnings and likely future evolution. Corporations is a prerequisite. Introductory Income Tax is recommended, and Taxation of Corporations is desirable, as are Securities Law, and Corporate Finance, and related courses.

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)

Human Trafficking (Alessandra Parisi Serano, Andrew R. Haden)
LWCR538

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

Increased globalization and the internet have brought instances of human trafficking and child exploitation to unprecedented levels. As a result, the criminal justice system stands at a historic crossroad. We will review and discuss the various Title 18 crimes associated with human trafficking and child exploitation, accompanied by the relevant case law. We will also review the various methods of proof used by prosecutors to combat these crimes. This course will involve a written exam at the end of the semester designed to evaluate the student's understanding of the law and the challenges that are encountered during the investigation and prosecution of a human trafficking case.

Immigration Law (Sean Olender)
LWIC529

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

Why and how did the regulation of immigration begin? What maze of federal law and regulations, agencies, courts, “official” memos and constitutional law control outcomes? What does it mean to be a citizen? Should citizenship emanate from parentage, location of birth, or express consent? US companies import thousands of workers annually and immigration is interwoven into commerce, recruiting and HR. Companies that poorly manage immigration lose competitiveness and risk penalties. Abercrombie & Fitch was fined more than $1 million in 2010 for I-9 violations and in 2011 public schools in Prince George’s County Maryland paid $4.2 million for improperly calculating H-1B wages. Immigration laws both separate and reunite families. President Obama deported more foreign nationals in one term than any other US President, but also used extraordinary power to offer deferred action and work authorization to possibly more than one million undocumented young people. And international crises and politics drive the migration of refugees and asylees. This general immigration course will briefly survey the history of immigration law and introduce basic concepts, agency organization and jurisdiction. This course will explore five principal areas: (1) citizenship, (2) business immigration, (3) family immigration, (4) relief from removal and waivers, and (5) asylum and refugee law. Grades will be based on a midterm and final exam.

Income Tax of Trusts & Estates (Ann Harris)
LWTE536

3 credit(s)
Concentration(s): Taxation (LLMC), Taxation (MSLS), LLM in Taxation (LLMT)
Prerequisite(s): Tax I, Trusts & Estates: Wills

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. Prerequisites: Both Tax I and T&E: Wills & Trusts. This is an advanced tax course with priority enrollment for LLM in Taxation students.

Intellectual Property Law Speaker Series (Ted Sichelman)
LWIP555

1 credit(s), P/F Graded
Concentration(s): International Law (MSLS), Intellectual Property Law (LLMG), Intellectual Property (LLMC), Intellectual Property (JD)
Prerequisite(s): See course description

The IP Law Speaker Series will feature five 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 must attend all five speaker sessions, which will be Thursday, from 4:30-6:30 pm, on Jan. 30, Feb. 13, Feb. 20, Mar. 6, and Apr. 3 . Students will be required to draft a 1-2 page comment for each presented paper, which will be graded pass/fail. Students must have taken a course in some area of intellectual property, or have work experience in the field, to register for the course.

International Arbitration (Richard W. Page)
LWIC530

2 credit(s), Standard Letter Graded
Requirement: Skills
Concentration(s): International Law (MSLS), LLM in International Law (LLMI), International Law (LLMC), International Law (JD)
Prerequisite(s): The only required prerequisite is a spirit of adventure.

The New York Convention establishes a framework for international arbitration. More nations have acceded to the New York Convention than any other treaty in the history of the United Nations. This class will explain the system of international arbitration which has become the preferred method of dispute resolution among businesses throughout the world. The class will feature power point presentations, including photos and music from around the world. We will conduct a mock arbitration based upon a fact pattern of two USD law students who take a trip to Buenos Aires, then build a business extending from San Diego to Argentina, Brazil and beyond. LLM students will learn about an international legal structure and acquire practical skills which will be applicable when they return home (wherever that maybe). 2L and 3L students will learn arbitration law reaching from San Diego, California and the United States into the international arena. Students are graded by the standard letter grading system.

International Business Transactions (Ralph H. Folsom)
LWIC533

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 is an introductory course on international business law. The course book employed is problem-oriented, focusing student attention on practical problem solving. The course coverage is global, and may include problems related to international sales transactions, letters of credit, customs, import and export trade law, technology transfers across borders, foreign investment law, and international business dispute settlement. Grading is by exam and/or problem sets.

 

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

International Intellectual Property (Lisa P. Ramsey)
LWIC545

3 credit(s)
Concentration(s): Intellectual Property Law (MSLS), LLM in International Law (LLMI), Intellectual Property Law (LLMG), International Law (LLMC), Intellectual Property (LLMC), International Law (JD), Intellectual Property (JD), International Law (MSLS)

This course examines international protection of intellectual property. We will discuss international treaties, trade agreements, and dispute resolution systems relating to trademarks, patents, copyrights, and related rights. The course will also cover acquisition and enforcement of intellectual property rights in foreign markets. Prerequisites: None

International Negotiation (Allen C. Snyder)
LWIC548

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

The course will include specific materials and skill-building exercises on cross-cultural aspects of the bargaining process. Participants will include lawyers from other nations who are enrolled in USD's LLMC program, and upper class American JD students. Four-tier Pass/Fail grading.

International Sales (William H. Lawrence)
LWIC555

3 credit(s)
Requirement: Skills
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.

Judicial Lawmaking (Edmund Ursin)
LWLP540

3 credit(s)
Requirement: 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.

Latin American Law & Institutions (Horacio Spector)
LWIC559

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

Over the last decade Latin America has been one of the fastest growing regions in the world, with foreign demand and investments boosting an unprecedented pace of prosperity and social inclusion. Though growth has declined since the global crisis, Latin America’s huge potential is awaiting a new trend of rapid expansion. American lawyers have a key role to play in the development of business strategies in the region, but training alertness is advisable. In fact, common law education is not self-sufficient for understanding the subtleties of Latin American law, and many American corporations and investors face difficulties for lack of expert counseling concerning domestic legal risks and problems.

The general goal of the course is to allow students to start becoming bijural by training them to communicate well with Latin American peers. We plan to achieve this goal by training students in various areas of Latin American variety of Civil Law: the Civil Law tradition in Latin America, constitutional law, human rights in national and Inter-American law, agrarian reforms and Indian peoples’ rights, civil and commercial codes, civil law remedies, civil procedure, and business law. Besides practical and professional concerns, the course will also be a rewarding intellectual experience, as students will progressively understand that there are few universal legal truths and that legal reasonableness is to a great extent relative to culture and historical accident.

We will focus on Mexico, Brazil, Argentina, Puerto Rico (unincorporated US territory), and other Latin American and Caribbean nations. We will not assume that students have a command of Spanish or Portuguese, though some idiomatic background is obviously advantageous. Each student will be required to write a research paper of 20 pages in length in English. Successful completion of this course satisfies the written-work requirement.

Law & Politics of Educational Policy Development (Frank R. Kemerer)
LWPP556

3 credit(s)
Requirement: Writing
Concentration(s): Public Interest Law (JD), Children's Rights (JD)
Prerequisite(s): Education Law or, Child Rights and Remedies or, Special Education and the Law

Educational policy development at the local and state level is a complex and convoluted process. To give a limited number of law students and graduate education students an inside look on how educational policy is formulated, the School of Law and the School of Leadership and Education Studies co-sponsor this seminar under the auspices of the Center for Education Policy and Law (CEPAL).

The seminar this semester will focus on three key areas of education law and policy in the context of California traditional public schools, charter schools, and community colleges:

Finance reform, accountability, and faculty unions School reform through charters, vouchers, and tax creditsDigital/blended learning in education delivery

Two field trips will be conducted during the semester. The one-day Bay Area field trip will include discussions with professors, researchers, and litigators at Stanford University’s Graduate School of Education and Stanford Law School. The class also will meet with the legal counsel and the director of professional development for the California Teachers Association in Burlingame.

The one-day Sacramento field trip will feature discussions with elected and appointed policymakers in the state legislature and education agencies. Student travel will be funded through CEPAL. Of the eight class sessions, three will be devoted to student presentations and one to a debriefing following the field trips. As this is a writing course, a research paper on a topic of the student’s choice related to educational policy development and a class presentation based on the paper are required.

Note: Enrollment is limited. Prerequisite: One of the following: LWFC 530 Education Law, LWFC 520 Child Rights and Remedies, LWPP 578 Special Education and the Law, an internship or clinical work related to these areas. The seminar is offered on selected Thursday nights from 4:30 p.m. to 7:20 p.m.

For further information, contact Prof. Kemerer at fkemerer@sandiego.edu or 619-260-7789.

Law of American Democracy (Laurence Claus)
LWPP560

3 credit(s)
Requirement: Writing
Concentration(s): Public Interest Law (JD)

The seminar will explore the ways in which our Constitution and legislation implement the principle that democratic government is based on the consent of the governed. It will begin by examining democratic structures that differ from our own. It will then consider our federalism and the bicameral structure of our federal government; our system of legislative representation; the electoral college and selection of the President (including the election of 2000); the role and regulation of political parties and our two-party system; campaign finance (money and politics); proposals for electoral reform, including term-limits; the function of judicial review in a democracy, including judicial selection; and direct democracy at the local level, particularly in California. This class will fulfill the written work requirement.

Legal Drafting (Elaine Edelman)
LWGC563

2 credit(s)
Requirement: Skills

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.)

Legal Writing & Research III: Legal Writing (Elisa A. Brandes)
LWGC559

2 credit(s)
Requirement: Skills

Legal Writing III: Legal Writing is designed for students seeking to improve their legal writing skills. Students will write a client letter and legal memoranda based on a closed universe of cases. At least one assignment will require a mandatory conference and re-write. In addition, students will complete a series of short assignments focused on grammar and paragraph organization. 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.)

Legal Writing & Research III: Litigation & Judicial Drafting (Linda C. Beresford)
LWGC561

2 credit(s)
Requirement: Skills

Legal Writing & Research III: Litigation and Judicial Drafting is a course that will help students improve their research, analysis and writing skills in a variety of litigation-simulated contexts. Students will learn how to evaluate a complaint, conduct legal research on causes of action and defenses, and will draft two pieces of litigation-oriented writing (a motion and a judicial opinion). The course will also review how to evaluate legislation and contract language from a litigation and drafting perspective. The course is designed for students who wish to improve their legal research and writing skills, and is particularly helpful to students interested in litigation and judicial clerkships. 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.)

Legal Writing & Research, LLMC (Gail Greene)
LWGC560

2 credit(s)

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 (Mila Sohoni)
LWPP565

3 credit(s)
Concentration(s): Children's Rights (JD), Public Interest Law (JD)

The course examines the increasingly important role of statutes in the American legal system. A substantial part of the course will discuss statutory interpretation - an essential tool for lawyers that is not sufficiently covered elsewhere in the curriculum. The course will also address various aspects of the legislative process, such as campaign finance, lobbying, initiatives and other forms of direct democracy, and term limits.

Legislation in the Modern State (Gail Heriot)
LWPP549

2 credit(s)

This intensive two-week 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. This class will begin on Monday, January 6, 2014 and end on Thursday, January 16, 2014. Class times will be 9:00am-12:00 noon Monday through Thursday. The final exam will be held on Wednesday, January 22, 2014 at 6:30pm. Students must attend all classes. Due to the intensive nature of the course, students will be expected to complete a significant amount of course readings before the class starts and there will be several interim quizzes throughout the two weeks. The quizzes will account for approximately 30% of the grade and the final exam for approximately 70%. The course will be graded on a letter grade scale. This course is open only to students enrolled in the Washington, D.C. Externship Program.

Media Law (Junichi P. Semitsu)
LWIP565

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

This course presents the legal and policy overview of the key cases, legislation, and technologies affecting communications in the United States. Students will be exposed to a survey of five major areas of media law: governmental speech regulation (e.g., obscenity, prior restraint, indecency), defamation, privacy torts, news gathering rights, and copyright and fair use. But this course can also be seen as an advanced First Amendment course concentrated on the interplay between “new” media, cutting-edge technologies, privacy, and other civil liberties. While most of the assigned cases focus on print and broadcast media, discussion topics will run the gamut from Wikileaks to TMZ, from crush videos to baseball cards, and from Nicole Richie’s fleeting expletives on Fox to Courtney Love’s disparaging rants on Twitter, leaving time to canvass the legal pitfalls awaiting YouTube when a user uploads an excerpt of the German film Downfall with the subtitles modified to suggest that Adolf Hitler is enraged about Jeremy Lin’s success. One oft-explored question will be whether today’s communication laws—some established before most Americans had a home computer or cable television—hold up in the face of emerging technologies and media platforms. By analyzing Pamela Anderson’s privacy rights, Gizmodo bloggers’ news gathering rights, and Voyeur Dorm’s speech rights, students will learn to help clients with communications and media issues in the post-Facebook era. While there are no formal prerequisites for the course, a prior knowledge of torts, constitutional law, and some basic intellectual property concepts might be helpful. The final course grade will be based on a final exam and class participation.

Mediation Skills (Lisa Maxwell)
LWLP556

1 credit(s)
Requirement: Skills

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. This course consists of a twenty-seven hour basic mediation sills training. Participants will learn to mediate a variety of disputes, using the methodology developed by San Diego's National Conflict Resolution Center. 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. The course is graded on a 4-tier Pass-Fail basis.

Multistate Bar Exam Review (Ted Sichelman)
LWGC576

2 credit(s)

The MBE is given as part of the bar exam in all U.S. jurisdictions. USD has licensed every published MBE question from previous examinations. Students in this course will take these MBE questions 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, and evidence). The online software will provide real-time review material for each area of the law. Each class session will cover test-taking techniques and the substantive law for one of the six areas of law. Please note that BARBRI, Kaplan, and most other bar exam review courses do not provide access to all of the previous real exam questions from the MBE. The course will be graded pass/fail. Students must complete all of the online modules by answering at least 85% of the questions in each module correctly (approximately 5-8 hours per week of work) to pass the course. Only students planning to graduate in May 2014 may register for this course.  This class is graded pass/fail.

Negotiation (Gregg Relyea)
LWLP560

3 credit(s)
Requirement: Skills
Concentration(s): Labor and Employment Law (LLMG), Business and Corporate Law (LLMC), LLM in Business and Corporate Law (LLMB), Civil Litigation (JD), Business and Corporate Law (MSLS), 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 will be based on a written final examination, homework assignments, and class participation. The course is graded on a 4-tier Pass/Fail basis.

Note: Students may only elect this course or Alternative Dispute Resolution to count towards the Civil Litigation Concentration (JD).
Additional Information: Civil Litigation Concentration

Negotiation (Randy Whaley)
LWLP560

3 credit(s)
Requirement: Skills
Concentration(s): Business and Corporate Law (MSLS), Labor and Employment Law (LLMG), Business and Corporate Law (LLMC), LLM in Business and Corporate Law (LLMB), 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 will be based on a written final examination, homework assignments, and class participation. The course is graded on a 4-tier Pass/Fail basis. Note: Students may only elect this course or Alternative Dispute Resolution to count towards the Civil Litigation Concentration (JD).

Note: Students may only elect this course or Alternative Dispute Resolution to count towards the Civil Litigation Concentration (JD).
Additional Information: Civil Litigation Concentration

Non-Profit Law (previously called Tax Exempt Organizations) (Miranda Perry Fleischer)
LWTE562

3 credit(s)
Concentration(s): Taxation (MSLS), LLM in Taxation (LLMT), Taxation (LLMC)
Recommended Class(es): Tax I

This course takes a life-cycle approach to examine the legal and policy issues raised by non-profits. It covers the formation of a non-profit under state law, qualification for federal tax exemption, fiduciary duty issues, restrictions on private benefit and political activity, the unrelated business income tax, the charitable deduction, and the private foundation rules. Throughout the course, attention will also be paid to the broader social questions raised by giving, charities, and philanthropy. Grade determined by final examination. Prerequisite: Tax I is recommended but not required.

Pass-Throughs: Key Business Tools (Willard B. Taylor)
LWTE556

2 credit(s)
Concentration(s): Taxation (LLMC), Taxation (MSLS), LLM in Taxation (LLMT)
Prerequisite(s): Tax I
Recommended Class(es): Tax II

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 13, 2013 to January 30, 2014. In addition to class participation, there will be 2 hour open book exam.

Patent Law (Joseph M. Reisman)
LWIP570

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

The purpose of this course is to prepare students to understand the law and analyze the problems involved in protecting inventions under U.S. Patent Laws and in protecting trade secrets under the common law and the California Trade Secret Statute. Although the protection of state-of-the-art technology, including software and biotechnology, is included in portions of the course, technical or scientific expertise of the student is not a prerequisite.
Note: May be applied as part of the six required credits for the Intellectual Property Concentration (JD).

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

Patent Prosecution (Sam K. Tahmassebi)
LWIP571

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

This course examines the practical aspects of patent practice. Topics covered include a detailed review of patent prosecution, procedures before the US Patent & Trademark Office, and the requirements of Title 37 of the Code of Federal Regulations. In addition, the course discusses issues related to inventor interview techniques, development of an IP strategy for a client, and licensing issues. Ethical issues related to inequitable conduct, duty of candor, and proper representation of clients are addressed. Students will prepare a mock patent application for a simple invention, examine it, and respond to mock PTO Office Actions. Prerequisite: Intellectual Property Survey, or Patent Law. No technical background is required. Grade will be based on a final exam and work on a mock patent application.

Public Interest Law & Practice (Robert C. Fellmeth)
LWPP570

2-3 credit(s)
Requirement: Skills
Concentration(s): Public Interest Law (JD), Environmental and Energy Law (JD), Children's Rights (JD), Environmental and Energy Law (LLMG)

2 or 3 credits - Year-long course Students study the substantive laws governing the functioning and decision making of state administrative agencies. These laws include the sunshine statutes which require most agency decision making to take place in public and guarantee public access to most agency records (the open meetings acts and the California Public Records Act) and the state Administrative Procedure Act, which governs the process agencies must follow to adopt regulations or take disciplinary action against the license of a licensee. Students also study important limitations on the power of agencies (including constitutional and antitrust limitations), and the functioning of the state legislature, which may enact, repeal, or amend the enabling acts of most agencies. As part of their coursework, students are assigned to monitor two California agencies; they travel all over the state to attend agency meetings, monitor and analyze their activities, interview agency officials and licensees, and track rulemaking, legislation, and litigation affecting their agencies. Twice during the year, students submit written reports on the activities of their assigned agencies. These reports are edited by CPIL professional staff and published, with attribution to the student author, in the Center's California Regulatory Law Reporter, the only legal journal of its kind in the nation; the Reporter is reprinted in full on Westlaw. Students wishing to take Public Interest Law and Practice should pre-register for the course. Public Interest and Practice is subject to a special application procedure or visit the CPIL’s offices (rear door of the LRC) for further information.

Note: This is a required course for the Public Interest Law Concentration (JD). This course only counts towards the Environmental & Energy Law Concentration (JD) if your course focus is on environmental or energy law.
Additional Information: Public Interest Law Concentration, Environmental & Energy Law Concentration

Religion & the Constitution (Steven D. Smith)
LWPP575

3 credit(s)
Requirement: Writing

The First Amendment appears to single "religion" out for special constitutional status, but just what "religion" is and how and why it deserves special legal treatment are questions that have vexed citizens and courts from the nation's beginning. This seminar will consider these questions in their legal, historical, and theoretical dimensions. The seminar will favor class discussion of issues and materials, and students will be expected to prepare and present a paper on an issue of their choice related to the subject of the seminar.

Remedies (Michael B. Kelly)
LWLP570

4 credit(s)
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)
Requirement: Writing
Concentration(s): Criminal Law (LLMG), Criminal Law (LLMC), Criminal Litigation (JD), Criminal Law (MSLS)
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. Prerequisite: Evidence

Special Education and the Law (Margaret A. Dalton)
LWPP578

2 credit(s)
Concentration(s): Public Interest Law (JD), Children's Rights (JD)

This class is designed to train students to respond to the legal needs of families whose children have physical, learning, or emotional disabilities. Course work covers the federal Individuals with Disabilities Education Act (IDEA), governing the rights of students with disabilities to special education and related services in public schools. Class includes the application of IDEA and federal regulations to the Individualized Education Program (IEP), placements, discipline provisions, procedural safeguards including due process hearings and legal remedies. Statutory and case law are utilized to assist students in understanding this complex and emerging area of specialization. No prerequisite.

Sports and the Law (Leonard B. Simon, Katherine Pothier)
LWBC585

2 credit(s)

This course will address the often unique manner in which substantive law applies to the business of sports. Topics will include interpretation and enforcement of player contracts, antitrust, labor law and unions, governance of professional sports leagues by Commissioners, the role and regulation of agents, governance of collegiate and other amateur sports by NCAA and others, and remedies for gender discrimination in sports. Please take note that this is a serious law course, not a chat session about sports. Regular attendance and preparation is required. Some of the issues, such as antitrust, are difficult. The final exam is challenging. Do not register for the course unless you are prepared to take it seriously.

Survey of Pharmaceutical Law & Policy (George Lasezkay, Martin Voet)
LWIP535

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

This course surveys various intellectual property and regulatory issues important in the pharmaceutical industry. We will discuss the important aspects of US patent law and the US Food and Drug Administration regulations and how they impact or influence business decisions regarding pharmaceutical product development and commercialization. We will provide an overview of the industry and its important business characteristics and issues, as well as basic review of pharmaceutical patents and selected FDA regulations. Specifically, we will discuss the legal and regulatory issues regarding FDA drug approval process, patent and technology licensing, various methods of receiving marketing exclusivity, and intellectual property issues and FDA regulations concerning drug product promotion and labeling, generic and biosimilar products, and product life cycle management. The final grade will be based on class participation and a final examination.

Tax II (Brian Galle)
LWTE560

3 credit(s)
Concentration(s): Taxation (LLMC), Business and Corporate Law (LLMC), LLM in Business and Corporate Law (LLMB), Business and Corporate Law (JD), Taxation (MSLS), Business and Corporate Law (MSLS), LLM in Taxation (LLMT)
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) and the LLM in Taxation.

Tax Litigation (Richard Carpenter)
LWTE565

2 credit(s)
Concentration(s): Taxation (MSLS), LLM in Taxation (LLMT), Taxation (LLMC)
Prerequisite(s): Tax I

This course provides a comprehensive review of prelitigation IRS administrative procedures, practical analysis in the selection of a choice of forum to litigate a federal tax dispute, pre-trial practice and case analysis, trial techniques and strategies when litigating a federal tax dispute before the U.S. Tax Court, and a review of refund litigation. Prerequisite: Tax I. This is an advanced tax course with priority enrollment for LLM in Taxation students.

Tax Policy (Brian Galle, Victor Fleischer)
LWAA505

2 credit(s)
Concentration(s): Taxation (MSLS), LLM in Taxation (LLMT), Taxation (LLMC)
Prerequisite(s): Tax I

This course will offer an introduction to the principal policy considerations raised when creating a tax system. Topics will include the merits of different tax systems (such as income and consumption taxes), questions of tax administration and legal complexity, the efficiency implications of taxation, 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. 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; other tax courses, especially Tax II, would be useful, but are not required.

Note: This is a required course for the LLM in Taxation degree.

Tax Research & Communication (Susan Shaler)
LWTE580

3 credit(s)
Concentration(s): LLM in Taxation (LLMT)
Prerequisite(s): Tax I

This course involves an intensive examination of federal tax research techniques, including locating and evaluating legislative history, administrative authorities,and judicial decisions with attention to comparative weights and relationships among various authorities. Students are required to conduct various research and validation tasks, and to prepare complex tax documents, such as, ruling requests, protests, opinion letters, memoranda of law, and Tax Court petitions. Enrollment is limited to 12 students (no JDs).

Note: This class is restricted to LLM Taxation students.

Taxation of Intellectual Property (John I. Forry)
LWTE572

3 credit(s)
Concentration(s): Taxation (MSLS), Intellectual Property Law (MSLS), Intellectual Property Law (LLMG), LLM in Taxation (LLMT), Taxation (LLMC), Intellectual Property (LLMC), Intellectual Property (JD)
Prerequisite(s): Tax I

Intellectual Property development and exploitation are very significant for many businesses. This requires attention to IP legal protection and dispute resolution, but also to IP taxation in both the US and abroad. This course addresses key tax challenges and opportunities – in both the US and selected other countries – affecting IP development and exploitation. The course first focuses on basic tax rules such as treatment of income and expenses as ordinary or capital, source of income, timing of income recognition, and the effects of tax treaties on taxation of cross-border IP transactions. The course then applies such rules to selected business arrangements involving IP such as sales, licenses and cost sharing arrangements, financing techniques such as securitization, and business combinations such as mergers and joint ventures. The aim is to impart solutions for developing and exploiting IP in light of US and other tax rules. At the beginning of the course, students are assigned to teams. Each team is provided with a brief case study proposing one or more of the IP business arrangements covered in the course. In the final sessions of the course, each team makes a presentation and provides a paper covering key tax challenges and opportunities presented by its case study. One or more previous courses in taxation and/or intellectual property law are recommended but not required.

Tech Transfer Legal Practice (Elisabeth Eisner)
LWIP560

2 credit(s)
Requirement: Skills
Concentration(s): Intellectual Property Law (LLMG), Intellectual Property (LLMC), Intellectual Property (JD)

The distribution of goods and the provision of services in the global economy – and hence the production of revenue – frequently involves technology transfer. A grasp of the law of technology transfers, and the application of that law into practice are essential tools of a practicing business lawyer. This course will focus on the law and practice of development and exploitation of proprietary technology as well as the commercialization of that technology through the manufacture and distribution of products and provision of services. We will review the intellectual property law underpinnings of a technology transfer practice, including copyrights, patents, trade secrets and know-how, and trademarks, and then focus on how technology transfer agreements differ depending on the underlying intellectual property rights. We will review the basic building blocks of intellectual property agreements, and then together write software license agreements, patent license agreements, independent contractor agreements and terms and conditions of sale. Drafting skills will be developed using both lecture and practical training methods (hypothetical business scenarios coupled with drafting exercises based on those scenarios). This course will be practical in its orientation, with an emphasis on drafting documents customarily encountered by lawyers practicing in the technology transfer space.

Topics in Family Law (Sharon Kalemkiarian)
LWFC570

2 credit(s)
Requirement: Writing
Concentration(s): Children's Rights (JD)

The course will discuss major themes in family law: parental rights, children’s rights, community property, breach of fiduciary duty, child support, spousal support, international family law problems, and related issues. While we will use a case book, there will be an emphasis on reading and discussion of seminal cases in California and the US Supreme Court. At the end of the course, students will have a firm grasp on the legal underpinnings of the family law in statutes and in the courts. They will also gain an understanding of the real life issues confronting families who require the assistance of courts and lawyers to resolve family conflict. Each student will be required to write a research paper of 20 pages in length. Successful completion of this course satisfies the written-work requirement.

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

Topics in Intellectual Property (Jane Henning)
LWIP584

2 credit(s)
Requirement: Writing
Concentration(s): Intellectual Property Law (MSLS), Intellectual Property (LLMC), Intellectual Property (JD)

This two-unit seminar focuses on copyright, trademark, and patent law, dealing with some of their theoretical and policy foundations. We’ll be reading seminal cases in this area, as well as law review and other articles. No prior IP classes are required, although it would be helpful to have taken the Introduction to IP, another IP class, or to have work experience in this area. Students are expected to write a paper for the class. Successful completion of the paper satisfies the law school’s writing requirement.

Trademark Law (Lisa P. Ramsey)
LWIP580

3 credit(s)
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. 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).
Additional Information: Intellectual Property Concentration

Transitional Justice and Responding to Mass Atrocities (Dustin N. Sharp)
LWIC590

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

“Transitional Justice” is an emerging field of policy, practice, and study that focuses on the moral, legal, and political dilemmas encountered as individuals, communities, and nations attempt to grapple with historical legacies of war crimes, crimes against humanity, genocide, and other large-scale human rights violations. In such circumstances: Who must be punished and who may be pardoned? Do vigorous efforts to promote legal accountability jeopardize the emerging and fragile peace? What is the proper role and responsibility of the so-called international community? In this class, we will examine the complementarity and conflict between the often overlapping demands that nations face in the wake of large-scale human rights abuses, including retribution, reconciliation, restitution, memory, and other forms of accountability. This will include study of the traditional range of transitional justice tools and interventions that have evolved, including international tribunals from Nuremburg to the ICC, truth commissions, reparations programs, public memorials, vetting and lustration initiatives, and broader institutional reform. Along the way, we will probe the blind spots, assumptions, and limitations of varying transitional justice mechanisms, together with the transitional justice project in general. Course grades will be determined on the basis of class participation, short reaction papers, a group oral presentation, and a final research paper. Please be advised that this course does not fulfill the law school’s written work requirement

Trial Advocacy (LS II/Oral Advocacy) (Linda L. Lane)
LWLP550

3 credit(s)
Requirement: Skills
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. The previous name of this course was Lawyering Skills II/Oral Advocacy.

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 (Adam Hirsch)
LWTE555

3 credit(s)

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.

Valuation (Hon. David Laro)
LWTE585

2 credit(s)
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, Tax II

This course encompasses the ever expanding body of law as it relates to valuation of business interest. Topics include the proper standard of valuation, various valuation methods, and the use of discounts and premiums. The class will review business valuation issues with respect to family limited partnerships, estate planning, corporation transactions, and other areas. Cutting edge issues such as valuing high tech companies will be covered. Prerequisites: Tax I; Tax II and/or Corporations is recommended. This is an advanced tax course with priority enrollment for LLM in Taxation students.

White Collar Crime (Eric J. Beste, Jason A. Forge)
LWBC595

2 credit(s)
Concentration(s): Criminal Law (MSLS), Business and Corporate Law (MSLS), Criminal Law (LLMG), Criminal Law (LLMC), Business and Corporate Law (LLMC), LLM in Business and Corporate Law (LLMB), Public Interest Law (JD), Criminal Litigation (JD), Business and Corporate Law (JD)

The course will cover a variety of topics related to the defense and prosecution of "white collar" criminal offenses, with a particular focus on emerging trends in the law arising from recent corporate scandals and prosecutions. The lectures will emphasize strategies for conducting internal investigations of corporations and their officers and directors, as well as tactics used by law enforcement in conducting white collar grand jury investigations and criminal prosecutions. In this regard, the course will be geared towards students interested in pursuing careers as prosecutors or criminal defense attorneys, as well as those who may represent corporate clients generally.

Note: Students may only elect this course or Federal Crimes to count toward the Criminal Litigation Concentration (JD).

Work, Welfare & Justice (Orly Lobel)
LWPP591

3 credit(s)
Requirement: Writing
Concentration(s): Public Interest Law (JD)

The course explores the relations between public policies and the new political-economy. The new economy, with its increased demands for flexibility and competitiveness, new technologies, and rapid globalization, has dramatically altered the nature of work relations, economic production, social organization and the roles of public and private entities in promoting growth, justice and fairness. In this class, we will explore at a number of policy fields, including issues in employment and labor laws, education and schooling law, environmental law, health law, discrimination policies and consumer law. These issues will be examined from an interdisciplinary perspective for understanding the challenges of law-in-action. We will think of practical questions of the comparative effectiveness of various regulatory mechanisms and the more theoretical aspects of legal means and social ends. Students will be required to write a paper.

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