Course Descriptions

Fall 2013 Class Descriptions

Immigration Clinic I (Peggy A. Kane, Sandra M. Wagner)
LWVL530

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

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

Immigration Clinic II (Sandra M. Wagner, Peggy A. Kane)
LWVL531

1-4 credit(s)
Requirement: Skills
Concentration(s): Public Interest Law (JD)

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

Intellectual Property Law Clinic (Dana Robinson, Ted Sichelman)
LWVL532

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

This course places students at local law firms to provide legal assistance to a wide variety of technology companies, independent inventors, artists, musicians, and others in need of pro bono IP work in the areas of patent and trademark prosecution as well as licensing and litigation in all IP fields. Students will be supervised by attorneys at local law firms as well as the professors. The course will begin with 5-6 weeks of class sessions covering the core types of transactions encountered in technology startups. There are no scheduled classes during the remainder of the semester; instead, students will work with clients and supervising lawyers each week, and meet one-on-one with the professors on a regular basis. An application process will be used to select students for the course. Students may only begin the course in the fall semester, and may continue in the spring semester, but are not required to do so. Interested students may also apply to both the Technology Entrepreneurship Clinic, but will be selected for only one clinic. The course application and additional course information will be emailed no later than Friday, March 29, 2013. Students who do not receive an application by then, or who have questions about the course after reviewing the application, may email Professor Ted Sichelman, tsichelman@sandiego.edu. The deadline to submit an application for this course is Friday, April 19, 2013.

Note: There are limitations on JD concentration eligibility. Please check the Intellectual Property Concentration web page for more information.

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

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

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

Intellectual Property Survey (Lisa P. Ramsey)
LWIP550

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

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

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

International Asia-Pacific Commercial Arbitration (David W. Brennan)
LWIC531

2 credit(s)
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 is the study of international commercial arbitration that emphasizes the Asia/Pacific region’s practices and arbitral regimes. The study will use The Convention on the International Sale of Good (CISG) to study all facets of sales and trade in goods from contract formation, terms, obligations, performance, breaches, excuses and remedies. The study of arbitration clauses and the practices of the arbitral institutions in the Asia-Pacific region is a focus. The steps from initiating arbitration, appointing arbitrators, composition of arbitral tribunals, procedures including written and oral submissions and the scope and limits on evidence are all considered. The course will address the UNCITRAL Model Law for arbitration and compare it to Asia-Pacific arbitral systems including CIETAC, HKIAC, and CEAC. The substance, procedural and conflicts of law situations will be addressed. The course objective is to develop the capacity to be able to engage in arbitration processes in the Asia-Pacific Region for international commercial sales and trade disputes. The classes, materials and certain model problems will facilitate that objective. The class also builds the very different research approaches and skills required to determine issues under The CISG, including those from recognized international principles, writings of scholars, rules and guidelines together with principles from arbitral decisions. The course will be required for incoming 2L VICAM candidates and is also open to all other eligible students. The only prerequisite for this course is for JD students who should have completed all of the required first-year courses and be in their second year. The course will be letter-graded based on a final take-home examination consisting of two equally-weighted questions.

International Civil Litigation (Michael D. Ramsey)
LWIC536

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

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

International Contracts (Herbert I. Lazerow)
LWIC537

3 credit(s)
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)

Legal aspects of contracts for the international sale of goods under the UN Convention. Topics include the applicability of the convention and its most important substantive provisions including contract formation, choice of forum, choice of law, warranties, risk of loss, excuse and dispute resolution.

International Criminal Law (David W. Brennan)
LWIC535

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

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

International Human Rights (Dustin N. Sharp)
LWIC543

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

In the brief span of 60 years, the idea of human rights has grown tremendously. What began as a marginal utopian discourse has today arguably become “the dominant moral narrative for thinking about world affairs.” At the same time, rights remain controversial and contested, and gaps in enforcement of human rights norms are conspicuous. This course examines the actors, organizations and ideas behind these developments, as well as the vast challenges we face today in attempting to enforce human rights norms globally. The course begins by examining the philosophical and political bases for the international human rights idea, probing the ongoing debate over universality, culture, and human rights. Aspart of this inquiry, we also examine the normative pillars of international human rights law. In the second part of the course, we will analyze various dimensions and challenges of human rights enforcement, including the main United Nations and regional human rights systems, prosecutions and transitional justice, the advocacy work of NGOs and human rights activists, and the new concept of the “responsibility to protect,” or R2P. In the final part of the semester, we will engage in a more in-depth examination of several distinct human rights issues, including torture and women’s rights. In all this, the course aims to provide students with knowledge of human rights at the level of intellectual theory and discourse, as well as a realm of concrete, “real world” action, controversy, and struggle. The final course grade will be based on a written paper, an oral presentation, and several short assignments.

International Investment (John I. Forry)
LWIC545

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

International businesses and other investors, whether investing in the US from abroad or investing abroad from the US, encounter special legal and tax rules. This course focuses on such rules in the US and selected foreign countries by way of examples.

Topics include general regulatory and tax regimes for foreign investors, as well as rules and planning for specific cross-border activities such as: real estate and infrastructure investments; licensing and importing from abroad; establishing and financing a new local business enterprise; acquiring a local corporation from abroad; using a local business as a base for further international operations; portfolio investments from abroad in local stocks and other securities; immigration and tax planning for foreign individuals; local activities by foreign governments and government-owned businesses; and reporting requirements for international investors.

Early in the course, students are assigned to teams. Each team is provided with a brief case study proposing certain of the cross-border activities covered in the course. In the final sessions of the course, each team makes a presentation and provides a paper covering the key issues of its case study. In addition, each student’s course grade may be increased (but not decreased) based upon classroom performance by one grade level (e.g., from B to B+). One or more previous courses in taxation or finance are recommended, but not required.

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

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

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

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

International Taxation (Dennis Lilly)
LWTE539

3 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
Recommended Class(es): Tax II

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

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

Interviewing & Counseling (Allen C. Snyder)
LWLP535

3 credit(s)
Requirement: Skills

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

Intro to US Law (Michael Devitt)
LWGC530

2 credit(s)

Introduction to United States Law is a required course for Master of Comparative Law students. No other students may enroll. This course comparatively introduces distinctly American approaches to law, lawyering and legal processes. Special emphasis is placed on the common law tradition.
Note: This course is for LLMC students only.

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