Course Descriptions

Fall 2012 Class Descriptions: Electives

Advanced Business Planning (Richard A. Shaw)
LWTE505

2 credit(s)
Concentration(s): LLM in Taxation (LLMT), Business and Corporate Law (LLMC), Business and Corporate Law (JD), LLM in Business and Corporate Law (LLMB)
Prerequisite(s): Tax I or its equivalent, Corporations or its equivalent (at the JD level)

The course consists of a series of planning problems that arise in connection with the formation and operation of a corporation. Attention will be directed to the corporate law, securities law and tax law issues related to each event with emphasis placed on active class participation in problem solving and selection of alternative solutions. For each seminar meeting there will be ungraded homework assignments directed to issues raised with each problem. The final examination will consist of a 72 hour take-home examination and problem.

Note: This is an advanced tax course with priority enrollment for LLM in Taxation students.

Advanced Legal Writing (Janice L. Sperow)
LWGC505

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

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 Records office (that is, students cannot add the second class themselves online.)

Note: Students interested in taking this course need pre-approval from the professor.

Advocacy Skills and Strategies (Pat Libby, Howard Wayne)
LWPP514

2 credit(s)

Successful advocates utilize a toolbox of strategies to advance their cause. These strategies include: understanding how government finances itself, having a grasp of lobbying regulations, knowing how legislative bodies work officially and behind the scenes, knowing how laws are shaped, undertaking research which provides facts and figures to bolster a given argument, knowing how to build partners across sectors who will support your cause, and understanding how to use media of all types to build public support for your issue. This class will provide students with a framework for conceptualizing and carrying out advocacy campaigns. Each student will be asked to apply what is learned in class to create a comprehensive advocacy campaign that will result in direct lobbying at the San Diego County or city level. Students are asked to work in small groups to develop an original advocacy campaign with the goal of seeing their ideas framed into a proposal by a local lawmaker (i.e., city councilor or board of supervisor). This course will run concurrently with a master’s course on the same topic. In that course students will create a state legislative campaign. Students enrolled in LWPP514 may attend any and all classes offered to master’s students on this topic (including those that extend beyond the law school semester), and may also accompany those graduate students and faculty to Sacramento on January 7, 2013 to lobby the state legislature. Law students travelling to Sacramento will be assigned a role as part of a master’s student group campaign in order to gain experience lobbying at the state level.

Alternative Dispute Resolution (Alan Schulman)
LWLP517

3 credit(s)
Requirement: Skills
Concentration(s): Civil Litigation (JD)

This course offers students an introduction to the skills required by lawyers representing clients in three primary alternatives to trial for resolving disputes between parties: negotiation, mediation and arbitration. The course begins with an overview of U.S. arbitration law, primarily through readings from judicial decisions and problem solving. Students will then engage in role-play exercises to learn negotiation and mediation skills by doing, being observed, and trying different styles.

Note: Students are strongly encouraged to take this course before taking courses in Negotiation or International Arbitration. Students may only elect this course or Negotiation to count toward the Civil Litigation Concentration (JD).

Animal Law (Jane Henning)
LWGC510

2 credit(s)
Requirement: Writing

Animal Law is a survey of the wide range of laws pertaining to animals. Some of the topics to be discussed during the semester include how animals have been defined by courts and legislatures, interpretation and enforcement of federal and state animal welfare statutes, and liabilities connected with the guardianship/ownership of animals. We will also consider the ethical implications of using animals for experimentation and food. In addition to reading the materials and participating in class discussions, students will be required to write a substantial paper on an issue related to animal law.

Art Law (Herbert I. Lazerow)
LWIP505

3 credit(s)
Concentration(s): Intellectual Property Law (LLMG), Intellectual Property (LLMC), Intellectual Property (JD)
Prerequisite(s): None

Some legal problems of the art world encountered by artists, art middlemen, and museums. Some of the following topics will be considered: art in wartime, the international art trade, the artist's rights in works, artistic freedom, the collector's security, the tax collector, and the museum as trustee and entrepreneur. This course draws from doctrines in many fields, including contracts, property, torts, constitutional law, administrative law, tax, intellectual property, and international law.

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

Bankruptcy (Philip J. Giacinti, Jr.)
LWBC510

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

This course will provide an examination of the liquidation and reorganization cases under the Bankruptcy Code, and the effects of bankruptcy on non-bankruptcy debtor-creditor law and pre-bankruptcy transactions. The objective of this course is to give students a working familiarity with the Code and associated rules, cases and folklore; an understanding of the policies reflected in and relevant to bankruptcy law; and an appreciation of the bankruptcy practice. There are no course prerequisites. However, the scheduling of the course on Article 9 Secured Transactions and/or the Creditors Remedies course before, or along with, the Bankruptcy course, while not required, is suggested.

Biotech Patent Law (Leonard R. Svensson)
LWIP512

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

This course provides students with practical guidance for preparing and prosecuting patent applications directed to biotechnology-related subject matter. Particular attention is directed to understanding the intersection of the patent law and unique commercial aspects of biotechnology-related inventions. While at least a general understanding of the basics of the biological sciences will be helpful, technical or scientific expertise in biology or chemistry is not a prerequisite for the class. Successful completion of Patent Law is suggested, but also not required.

Business Planning (Dennis Doucette)
LWBC520

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

This seminar combines advance work in Corporations, Federal and State Securities laws, and Federal Taxation in the context of business planning and counseling. The course is based upon a series of problems involving common business transactions which present corporate securities law and tax issues for analysis, and resolution. The problems cover such topics as factors in the decision to incorporate; the formation of partnerships, limited liability companies, and corporations, both closely held and publicly owned; securities law considerations in raising capital; corporate distributions; the sale and purchase of businesses; mergers and other forms of acquisition; and recapitalization, division, and dissolution of corporations.

Business Tranactions in the People's Republic of China (John I. Forry)
LWBC546

2 credit(s)
Concentration(s): 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 first on the business climate and forms of business enterprise in the PRC. Subsequent segments address PRC legal requirements, taxation and financial reporting rules affecting foreign investors. One unit addresses PRC merger and acquisition trends and tax planning. The final segment illustrates planning in light of US and other rules in foreign investors’ home countries. A brief written exam in the final class will focus on a hypothetical foreign investment in the PRC. Class meets on Friday and Saturday from 9:00-11:30am on August 24 & 25, September 7 & 8, 14 & 15, 28 & 29, and October 12 & 13, 2012.

Child Rights & Remedies (Robert C. Fellmeth)
LWFC520

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

This is a broad course covering the basic substantive and procedural law relevant to advocacy on behalf of children. The course is taught with a combination of lecture and Socratic dialogue. It surveys the following subject areas: the rights of children, criminal prosecution of children, child abuse and protection, child tort recovery, child rights to property and support, child-related political rights and liberties, and child entitlements (including public welfare, health, nutrition, care, education, and special populations). The course includes discussion of the alternative methods of child advocacy, class action practice, writs of mandamus, administrative practice, and local government advocacy.

Climate Change Law & Policy (Lesley K. McAllister)
LWEV503

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

This course explores the most significant law and policy issues related to climate change. In the first part of the course, students will gain familiarity with the science of climate change as well as climate change law at the international and national levels. The second part of the course focuses on climate change litigation, with close study of the various legal theories used by litigants attempting to force the government to take stronger regulatory action. The third part of the course concentrates on initiatives at the state and regional level with an emphasis on California climate change policy.

Note: Either this course or Energy Law & Policy must be taken as a required course for the Environmental & Energy Law Concentration (JD).

Comparative Law (Pierre Legrand)
LWIC518

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

Most courses in law school are about U.S. law. This course is different: it focuses on foreign law. Obviously, foreign law matters to all U.S. lawyers operating on the international scene, for example in international business or in international arbitration. And just as evidently, foreign law can be very important within national law also. Indeed, a huge quantity of legal situations in the U.S. involve foreign law. Think of a contract entered into in New York governed by German law or of a deceased person from San Francisco bequeathing real estate in France or of the victims of a massive chemical explosion in India suing in U.S. courts. More controversially, there are those (including a number of U.S. Supreme Court Justices) who claim that, in an age of globalization when the U.S. is more interconnected with the rest of the world than ever before, U.S. law ought to derive inspiration from foreign law, for instance in constitutional litigation involving the death penalty or the rights of sexual minorities. This course will apply itself to this debate and discuss to what extent foreign law can or must act as persuasive authority in the U.S. In the process, it will consider two related questions, both of them fundamental. First, how can a U.S. lawyer get to know foreign law despite all the cultural differences arising across laws? Secondly, to what extent is meaningful understanding of foreign law possible? As regards these issues, various theoretical topics will be raised from an interdisciplinary perspective and some case-studies will be considered. This 2-credit course is taught from mid-August until late September and the final “take-home” examination is set towards the end of September. No prior knowledge of foreign law or of a foreign language is required. Enrollment is limited to 30 students.

Constitutional Law II (Miranda Oshige McGowan)
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

Constitutional Law II (Christopher Green)
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

Constitutional Theory (Connie S. Rosati)
LWPP529

3 credit(s)
Requirement: Writing
Prerequisite(s): Constitutional Law I, Constitutional Law II or concurrent enrollment

In this course, we will explore a number of controversial Supreme Court cases that were decided under the Bill of Rights and the 14th Amendment requirements of "due process" and "equal protection." Our aim will be to consider not only the relevant law but the important questions these cases raise about how to interpret the Constitution and adjudicate constitutional cases. Many of the Court's more controversial decisions, such as its decision in Roe v. Wade, have concerned "uneumerated rights." What is the distinction between enumered and unenumerated rights? Why would cases involving unenumerated rights raise special concerns? Claims about the proper interpretation of the Constitution is a "living document." What is the role of "original meaning" in constitutional interpretation and adjudication? In what sense, if any, is ours a "living constitution"? We will consider these and other theoretical questions as we examine the Supreme Court's principal decisions regarding contraception, abortion, assisted suicide, marriage, homosexuality, and gun ownership. Prerequisite: Constitutional Law I. Pre or Co-requisite: Constitutional Law II Students cannot enroll in this class if they have taken Phil Foundation of the American Constitution or will be taking it in fall 2012.

Corporate Finance (Jordan M. Barry)
LWBC530

3 credit(s)
Concentration(s): Business and Corporate Law (JD)
Prerequisite(s): Corporations

This course covers the core concepts of finance as they relate to the study and practice of law. The course is designed to accommodate both students with no background in finance as well as those with substantial knowledge of the field. It will start with basic financial literacy and will build toward more advanced topics, such as financial statement analysis, valuation of stocks and bonds, risk management, portfolio theory, derivatives, and corporate financial management. The course includes quantitative concepts and exercises, and students will be required to use a spreadsheet program, such as Microsoft Excel. This class will be of particular value to students who intend to pursue transactional legal practice, but it will also be valuable to litigators.

Corporations (Lynne L. Dallas)
LWBC545

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

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).

Corporations (Frank Partnoy)
LWBC545

4 credit(s)
Concentration(s): LLM in Business and Corporate Law (LLMB), Business and Corporate Law (LLMC), 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).

Corrections & Sentencing (Alex Landon)
LWCR510

3 credit(s)
Requirement: Writing
Concentration(s): Criminal Law (LLMC), Criminal Litigation (JD), Criminal Law (LLMG)

Covers objectives of sentencing, plea and sentence bargaining, sentencing advocacy, sentencing alternatives, prisoner conditions, prisoners' rights, jail and prison litigation, probation and parole revocation, and extraordinary writs relating to corrections. A research paper will be required.Successful completion of the paper will fulfill the law school’s written work requirement.

Crime: The People, The Process (Laura M. Berend)
LWCR515

3 credit(s)
Requirement: Skills
Concentration(s): Criminal Law (LLMC), Criminal Litigation (JD), Criminal Law (LLMG)
Prerequisite(s): Criminal Law

This course offers a unique opportunity to examine the criminal justice system from the perspectives of a law enforcement officer, a prosecutor, a defense lawyer, a judge, a defendant and a homeless person. There is a class component and two placement components. NOTE: PLEASE PLAN YOUR CLASS SCHEDULE ACCORDINGLY. In class on Wednesdays from 10:30 to 11:45 a.m., you will address the legal, procedural, ethical, social, and cultural issues that arise in the course of your field work. Some additional classes are scheduled on Friday afternoons to introduce you to the Department of the Public Defender, the courthouse, the jail, and law enforcement use of force training. (See current course syllabus on TWEN.) There are two placement requirements. The first involves assisting the Deputy Public Defender in the Felony Arraignment Department of the Superior Court one afternoon of your choosing each week throughout the semester by interviewing and advising defendants charged with felony offenses on a criminal complaint to prepare them for arraignment and a bail hearing. The second placement requirement involves interviewing and counseling people who are chronically homeless at the Welcome Door Foundation offered by the Pacific Beach United Methodist Church later on in the semester on several Wednesday evenings beginning at 5:30 p.m. Enrollment is limited to ten. This course is graded on a four-tier pass-fail basis. A security clearance by the Department of the Public Defender is required BEFORE the beginning of the semester, and requires about four weeks to complete. The State Bar of California requires completion of or enrollment in evidence and civil procedure before a student can be certified to appear in court.

Criminal Procedure I (Hon. Richard Huffman)
LWCR520

3 credit(s)
Concentration(s): Criminal Law (LLMC), Criminal Litigation (JD), Criminal Law (LLMG)
Prerequisite(s): Criminal Law

This course is limited to pre-trial matters, as effected by the fourth, fifth, and sixth amendments. Coverage will include arrest, search and seizure, wiretap, lineups, interrogation, and the exclusionary rules.

Note: This is a required course for the Criminal Litigation Concentration (JD).

Criminal Procedure I (Maimon Schwarzschild)
LWCR520

3 credit(s)
Concentration(s): Criminal Law (LLMC), Criminal Litigation (JD), Criminal Law (LLMG)
Prerequisite(s): Criminal Law

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 Tax Fraud (Richard Carpenter)
LWTE512

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

This course examines the type of conduct which can trigger the imposition of criminal tax charges. We will review the various Title 26 tax crimes (including tax evasion, tax perjury, failing to file, aiding and assisting), Title 18 tax crimes (including false claims, false statements and conspiracy), and Title 31 tax crimes (including currency reporting requirements). We will also review the various methods of proof used by prosecutors and also discuss the various defenses available, along with federal sentencing guidelines and related civil tax issues. This is an advanced tax course with priority enrollment for LLM in Taxation students.

Death Penalty (John Cotsirilos)
LWCR530

2 credit(s)
Concentration(s): Criminal Law (LLMC), Criminal Litigation (JD), Criminal Law (LLMG)

This course will involve a written exam at the end of the semester focused to evaluating the student's understanding of case law history and practical application of the California statutory scheme. The course will address the following legal issues: 1) History of the Death Penalty; 2) Present legal parameters for trial of a death penalty case; 3) The law and procedure relating to post-conviction death penalty litigation; 4) Systemic issues such as prosecutorial discretion and budgeting concerns; 5) Policy and ethical dilemmas concerning the Death Penalty, i.e., volunteers, race discrimination, and arbitrariness.

Education Law (Frank R. Kemerer)
LWFC530

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

This course examines the legal rights and responsibilities of administrators, teachers, parents, and students in public and private schools. Some attention also is given to post secondary education. Using California as a point of reference, the course focuses on federal and state law constituting the legal framework within which education is delivered. Through study of constitutional provisions, statutes, and judicial decisions, students review such topics as parent rights and responsibilities, school choice through charter schools and voucher programs, teacher and student rights, unions and collective bargaining, school finance issues, special education, personnel decision making, religion on campus, student discipline and due process, privacy rights, search and seizure, race and gender isolation and discrimination, and legal liability. The broader public policy dimensions underlying both the development of education law and the operation of schools and colleges are addressed. In addition to a course packet of edited cases and selected California statutes, students will read California School Law and its web-based updates coauthored by the instructor and published by Stanford University Press. Note: Students who enroll in this course will be particularly well prepared for Law and Politics of Educational Policy Development co-taught by the instructor during the Spring 2013 semester. This course encompasses field-based visits to the Bay Area and Sacramento to interact with key figures involved in state educational policy development.

Employment Law (Orly Lobel)
LWPP537

4 credit(s)
Concentration(s): Labor and Employment Law (LLMG)

This course offers students an overview of the important legal issues that are raised in the context of the employment relationship. We will discuss employment as a contractual agreement, including tort and statutory protections, such as wrongful discharge, wage and hour laws (FLSA), leave (e.g., FMLA), safety (OSHA and workers comp), unemployment insurance, discrimination (Title VII; ADA; ADEA), privacy and freedom of speech, and intellectual property issues such as R&D ownership, trade secrets and non-competition clauses. Throughout the course, student will be able to deepen their study of contract law, torts, and statutory and regulatory processes through the context of the law of the workplace.

Energy Law & Policy (Glen L. Sullivan, Carrie A. Downey)
LWPP540

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

Recognizing the importance of energy to the global economy and its role in global warming, Energy Law and Policy introduces students to the legal, regulatory, and economic concepts relevant to the changing electricity and natural gas industries in the U.S. The course will examine the history of and legal basis for regulation in the energy sector, including influential cases (e.g., Munn v. Illinois) and the federal statutory framework for energy sector regulation (e.g., PUHCA of 1935, PURPA of 1978, EPACT of 1992, EPACT of 2005). Students will review the administrative law process, focusing on the California Public Utilities Commission (CPUC) and Federal Energy Regulatory Commission (FERC), including the rate setting process for energy utilities and major regulatory orders and decisions that have shaped the industry. The course will trace the history of regulation in the electric and natural gas industries from early regulation to deregulation and discuss the current status of energy markets, including a detailed discussion of California’s energy crisis of 2000-2001. The course will examine the connection between energy and climate change and the range of market-based solutions currently being considered at the state, regional, and federal levels in the U.S. Students will also examine the role of distributed energy resources, including smart grid technologies, on-site solar energy technology, energy efficiency and demand response, in meeting future energy needs. Participants will be required to make an in-class presentation on a topical energy issue and to take a final examination.

Note: Either this course or Climate Change Law & Policy must be taken as a required course for the Environmental & Energy Law Concentration (JD).

ERISA (David P. Wolds)
LWTE518

2 credit(s)
Concentration(s): LLM in Taxation (LLMT), Labor and Employment Law (LLMG)
Prerequisite(s): Tax I

This course will consider Title I of the Employee Retirement Income Security Act of 1974, as amended, and its implications for employee benefit plan administration and litigation. Attention will be devoted to fiduciary conduct, investment management concerns, reporting and disclosure rules, federal preemption of state laws, and employees benefit claim and fiduciary litigation. Tax I is a prerequisite. LLM in Taxation students may take Tax I concurrently. This is an advanced tax course with priority enrollment for LLM in Taxation students.

European Union Commercial Law (Michael D. Ramsey)
LWIC522

1 credit(s)
Concentration(s): International Law (LLMC), Business and Corporate Law (LLMC), LLM in International Law (LLMI), International Law (JD), Business and Corporate Law (JD), LLM in Business and Corporate Law (LLMB)

As business is becoming more international so must the law and lawyers. In a world of international trade and transactions companies and their advisers need to have a global legal horizon. Until quite recently, it would not have made any practical sense to talk about an “EU commercial law”. However, due to the ongoing harmonization of the law of the EU countries a body of truly common European law is emerging from the melting pot of the national laws and traditions and EU institutions and courts. The course draws on the results of 30 years of continued and ongoing EU harmonization to provide US law students with an overview of some of the central aspects of European commercial law. The course focuses on the practical legal problems facing an American enterprise doing business in Europe but at the same time provides for a basic understanding of the EU legal framework. After a brief general introduction to EU law the course falls in two parts. Part I deals with the transfer of goods and covers such topics as general contract law (PECL Principles of European Contract Law), the EC directive on Unfair Contract Terms, the EC directive on Products Liability and central liability rules related to the transportation of goods. Part II deals with the trade in intangible rights notably patents and trademarks. This part opens with a general presentation of the European systems for the protection of inventions and trademarks. It then moves on to discuss aspects relating to the exercise of those rights in regard to the Treaty rules on the free movement of goods (“parallel importation” and the principle of “exhaustion of rights”) and to tech-trans agreements and other issues involving competition law. The course requires no prior knowledge of European law.

Evidence (Michael Devitt)
LWLP529

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

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 (Jean Ramirez)
LWLP529

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

This course is about how facts are proved at trial and other evidentiary hearings. The course focuses on the Federal Rule of Evidence. Among the topics covered are the following: relevance, character evidence, habit, impeachment, objections and motions in limine, authentication of real and demonstrative evidence, the Best Evidence Rule, hearsay, privileges, lay witness opinion, expert witnesses, and judicial notice.

Note: This is a required course for the Civil Litigation (JD) and Criminal Litigation (JD) concentrations.

Federal Estate & Gift Taxation (Dennis Lilly)
LWTE530

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

This survey course provides an introduction to the federal estate, gift, and generation-skipping transfer taxes, with attention to the treatment of various types of inter vivos and testamentary dispositions. Students who enroll in this course should already have taken (or currently be taking) Trusts and Estates (Wills and Trusts) and/or Tax I (Federal Income Taxation).

Federal Tax Procedure (Gordon L. Gidlund, Donna Crosby)
LWTE535

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

A study of the administrative procedures with reference to the audit of tax returns; information-gathering; practice before the IRS; pre-litigation administrative procedures; U.S. Tax Court litigation and rules of practice; settlement procedures and trial strategies; tax refund litigation, including preparation of claims for refund, jurisdictional prerequisites, and strategies; preparation of ruling requests; offers in compromise; collection; penalties and interest; and criminal tax investigations. Prerequisites: Tax I and Tax II. Note: Tax LLM students may take Tax II concurrently. This is an advanced tax course with priority enrollment for LLM in Taxation students.

Finance & Accounting for Lawyers (Brian P. Brinig)
LWBC555

2 credit(s)
Concentration(s): LLM in Business and Corporate Law (LLMB), LLM in Taxation (LLMT), Business and Corporate Law (LLMC), Business and Corporate Law (JD)

Much of the practice of law relates to financial issues. This two-credit course deals with understanding and analyzing financial statements, basic business valuation techniques and their importance in litigation matters, economic damages calculations (both personal injury and business damages), and concepts of present value. Understanding these financial concepts is critical to lawyers who encounter them daily in their practices. The course is designed for the student who does not have a sophisticated background in accounting or finance.

Foreign Investment (Ralph H. Folsom)
LWIC524

3 credit(s)
Requirement: Writing
Concentration(s): International Law (LLMC), Business and Corporate Law (LLMC), LLM in International Law (LLMI), International Law (JD), LLM in Business and Corporate Law (LLMB)

An advanced research seminar focusing on critical foreign investment law issues: Corrupt practices, franchising, technology transfers, establishing and operating foreign investments, mergers and acquisitions, investment treaties, regulatory approvals, and resolution of foreign investment disputes (notably investor-state arbitrations).

Fundamentals of Bar Exam Writing (Linda McCloud)
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. This class is only available to December graduates. Enrollment is by application only through the Office of JD Student Affairs.


Additional Information: Application (PDF)

Global Constitutionalism (Iddo Porat)
LWIC528

2 credit(s)
Concentration(s): LLM in International Law (LLMI), International Law (JD), International Law (LLMC)
Prerequisite(s): Constitutional Law I

Constitutional law is increasingly becoming a shared enterprise which transcends the borders of the nation-state. Supreme Court Justices correspond with each other in their judicial opinions, draw upon each others work, and share similar jurisprudential frameworks. In addition constitutional law in many countries has increasingly converged upon a similar template. This template includes a robust form of judicial review, a two-step rights protection system (consisting of a rights protection clause, and a limitation clause, which limits rights) and a standard-based doctrine, such as balancing or proportionality, for the adjudication of rights conflicts. While in many respects America is the birth place of constitutionalism and the driving force behind its global success, its own constitutional law stands apart from this common template and resists attempts at constitutional borrowing and influence. The course will review the different aspects of global constitutionalism, show how American constitutional law differs from the global template and review the historical and ideological reasons for this difference. The course will also discuss the fundamental questions that are raised by global constitutionalism regarding the nature of constitutional law and of constitutional rights. The grade will be based on a final examination. Prerequisite: Con Law I

Intellectual Property & Antitrust (David McGowan)
LWIP545

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

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

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

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

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

Intellectual Property Survey (Lisa P. Ramsey)
LWIP550

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

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

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

International Civil Litigation (Michael D. Ramsey)
LWIC536

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

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

International Criminal Law (David W. Brennan)
LWIC535

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

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

International Environmental Law (Jorge A. Vargas)
LWIC539

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

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

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

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

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

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

International Tax Policy (Mark S. Hoose)
LWTE540

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

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

International Taxation (Mark S. Hoose)
LWTE539

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

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

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

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

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

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

Interviewing & Counseling (Allen C. Snyder)
LWLP535

3 credit(s)
Requirement: Skills

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

Intro to US Law (Michael Devitt)
LWGC530

2 credit(s)

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

Note: This course is for LLMC students only.

Law & Economics (Christopher T. Wonnell)
LWPP550

3 credit(s)

This course introduces the student to the burgeoning field of legal thought on the intersection of law and economics. It analyzes a wide variety of legal institutions, including property, contract, tort, criminal law, corporate law, and antitrust, from the perspective of the incentive structures that are created by these institutions. In that sense, economic analysis is a value-neutral scientific exploration of cause and effect. However, we will also use economics to ask important normative questions about the legal fields we study. Do the legal rules in these areas result in activity that is privately profitable but socially wasteful? Would alternative legal rules more efficiently coordinate private activity in the service of the public good? There are no prerequisites for this course.

Law & Literature in Nineteenth-Century America (David Cantrell)
LWGC540

3 credit(s)
Requirement: Writing

In this course, we shall address the relation of literary and legal practices through close readings of works by Edgar Allan Poe, Frederick Douglass, Herman Melville, Henry David Thoreau, Harriet Jacobs, Harriet Beecher Stowe, George Washington Cable, Mark Twain, Pauline Hopkins, and Charles Chesnutt. These readings will be supplemented by considerations of legal developments in the nineteenth century, with particular, though not exclusive, attention to the Reconstruction amendments. Although most literary historians have characterized the relations between literature and law in the antebellum period as oppositional, with literary writers advocating higher or natural laws associated with racial justice and legal writers insisting upon an increasingly formal and technical positive law, the emergence of legal forms of antislavery thought, leading to constitutional emancipation, usefully complicates this narrative. To what extent, then, does the movement towards constitutional emancipation shape literary writing, and how does literature inform, if not the law, then the imaginative and intellectual conditions in which it is written and interpreted? This course’s assignments—a shorter essay (5-7 pages) and a longer research paper (15-20 pages)—will fulfill the writing requirement of the law school.

Law & Socio-Economics (Lynne L. Dallas)
LWJT540

2 credit(s)
Requirement: Writing

Law and Socioeconomics studies the interrelationship between law and economic/social processes. It is interdisciplinary and draws on a variety of economic approaches (not only neoclassical economics) and other social sciences, such as psychology, sociology, anthropology, and political science. It offers students an interdisciplinary, values-based approach to public policy that is designed to take into account the power implications and distributional effects of laws and stresses the importance to effective regulation of attention to historical context, philosophical beliefs, culture, existing institutions, working rules, and sources of power. Students write a paper for this seminar.

Legal Analysis of Criminal Procedure (Judson E. Campbell, Linda McCloud)
LWGC566

1 credit(s)
Corequisite(s): Criminal Procedure

This course is designed to provide intensive assistance in legal analysis and legal writing, focusing on the kind of analytical and writing skills necessary for success on law school and bar examinations. Students will receive group and one-on-one instruction in legal analysis and legal writing. The exercises and assignments will closely track the doctrines covered in the substantive class which the course is attached. Enrollment is limited and the class will meet one hour per week. Students who successfully complete the course will receive one academic credit. The course will be graded on an “Honors, Pass, Low Pass, Fail” grading scale. Enrollment may be granted on a first-come, first-served, space available basis, but only if students are: 1) eligible for enrollment in the substantive class to which the course is attached, and 2) actually enrolled in such class – Prof. Dripps

Legal Analysis of Evidence (Erica Berent)
LWGC567

1 credit(s)
Corequisite(s): Evidence

This course is designed to provide intensive assistance in legal analysis and legal writing, focusing on the kind of analytical and writing skills necessary for success on law school and bar examinations. Students will receive group and one-on-one instruction in legal analysis and legal writing. The exercises and assignments will closely track the doctrines covered in the substantive class which the course is attached. Enrollment is limited and the class will meet one hour per week. Students who successfully complete the course will receive one academic credit. The course will be graded on an “Honors, Pass, Low Pass, Fail” grading scale. Enrollment may be granted on a first-come, first-served, space available basis, but only if students are: 1) eligible for enrollment in the substantive class to which the course is attached, and 2) actually enrolled in such class – Prof. Devitt

Legal Analysis of Trusts & Estates (Elaine Edelman)
LWGC573

1 credit(s)
Corequisite(s): Trusts & Estates: Wills and Trusts

This course is designed to provide intensive assistance in legal analysis and legal writing, focusing on the kind of analytical and writing skills necessary for success on law school and bar examinations. Students will receive group and one-on-one instruction in legal analysis and legal writing. The exercises and assignments will closely track the doctrines covered in the substantive class which the course is attached. Enrollment is limited and the class will meet one hour per week. Students who successfully complete the course will receive one academic credit. The course will be graded on an “Honors, Pass, Low Pass, Fail” grading scale. Enrollment may be granted on a first-come, first-served, space available basis, but only if students are: 1) eligible for enrollment in the substantive class to which the course is attached, and 2) actually enrolled in such class – Prof. Lilly

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 Records 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
Prerequisite(s): Lawyering Skills I

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 Records 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 (Michael B. Rappaport)
LWPP565

2 credit(s)
Concentration(s): 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, initiatives and other forms of direct democracy, term limits, supermajority rules, and the line item veto.

Note: This course may be applied as one of the three required courses for the Public Interest Law Concentration (JD).

Media Law (Junichi P. Semitsu)
LWIP565

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

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 (Charles B. Wiggins)
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-four 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. Enrollment is limited to 24 participants. The course is graded on a 4-tier Pass-Fail basis. Completion of Mediation Skills is a prerequisite for enrollment in the Mediation Internship. The semester Mediation Skills course and the Mediation Internship are separate, though linked, course offerings. Upon completion of the skills course, students will be eligible to participate in a program allowing them to mediate actual cases filed with the San Diego County Small Claims Court. Students must do the skills training sessions and the mediation internship in the same semester. To learn more please go to Mediation Internship course description.

Mexican Legal Spanish (Jorge A. Vargas)
LWIC566

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

Given the geographical contiguity of Mexico to the United States, the unprecedented volume of U.S. investments in Mexico (approx. 65% of total foreign investments), and the growing number of Mexican-Americans and Mexican nationals in this country, an increasing number of U.S. courts are deciding cases governed by Mexican law. This course will provide students already fluent in Spanish with a practical introduction to Mexican law, its codes and statutes, as well as to Mexican legal documents consisting of contracts, civil registry certificates, initial complaints, judicial judgments, Ejecutorias and Jurisprudencias. The course will also include attorney-client interviews, specialized terminology, and professional legal correspondence. This class will have a final examination.

Negotiation (Neal W. Smith)
LWLP560

3 credit(s)
Requirement: Skills
Concentration(s): Civil Litigation (JD), Business and Corporate Law (JD), Business and Corporate Law (LLMC), LLM in Business and Corporate Law (LLMB)

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).

Negotiation (Gregg Relyea)
LWLP560

3 credit(s)
Requirement: Skills
Concentration(s): LLM in Business and Corporate Law (LLMB), Business and Corporate Law (LLMC), Civil Litigation (JD), Business and Corporate Law (JD)
Recommended Class(es): Lawyering Skills II

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).

Oral Advocacy Skills (LSII) (Theresa J. Player)
LWLP550

3 credit(s)
Requirement: Skills
Concentration(s): Criminal Litigation (JD), Civil Litigation (JD), Criminal Law (LLMC), Criminal Law (LLMG)
Prerequisite(s): Evidence (or concurrent enrollment)

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.

Note: Students may only elect this course or Practicum--Civil to count toward the Civil Litigation Concentration (JD).

Patent Law (Ted Sichelman)
LWIP570

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

Patent law generally concerns the provision and enforcement of rights for novel, non-obvious, and useful inventions. This course will cover (1) the legal requirements and process to obtain a U.S. patent (i.e., patent prosecution); (2) methods of valuing, selling, and licensing patent rights; (3) patent litigation; and (4) public policy issues, particularly the role patents play in technological innovation and recent efforts to "reform" the patent laws. In addition to readings from a casebook, course materials will include actual documents from patent prosecution, licensing, and litigation matters. Thus, students will not only learn patent law doctrine, but will be introduced to the types of work done by practicing patent lawyers. No science or engineering background is required, nor important, for the course. Introduction to IP or previous work experience with basic patent law is recommended but not required. Grades will be assigned on the basis of a take home final exam.

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

Patent Law (Marc Morley, Joseph M. Reisman)
LWIP570

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

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).

Patent Litigation I (Michael Amon, Michael M. Rosen)
LWIP568

2 credit(s)
Requirement: Skills
Concentration(s): Intellectual Property (LLMC), Intellectual Property (JD), Intellectual Property Law (LLMG)
Prerequisite(s): Patent Law or concurrent enrollment

The patent litigation course provides substantive patent law knowledge with a focus on the practical application and litigation skills. This course is appropriate for students who have taken or are taking patent law and other intellectual property courses and who are seeking to deepen and refine their understanding of how patent litigation actually works. This course will be of particular interest to students who envision practicing in the areas of patent litigation or patent prosecution. Previous coursework in general patent law is recommended but not required. Patent Law is a pre-or-co-requisite.The course is graded on a 4-tier Pass-Fail basis

Philosophical Foundation of American Constitution (Thomas A. Smith)
LWPP572

3 credit(s)
Requirement: Writing

The U.S. Constitution has extraordinarily rich intellectual roots. In this seminar, we will explore them, concentrating on the ideas of natural rights, republicanism and constitutionalism. We will look at such major thinkers as Locke, Montesquieu, the authors of the Federalist Papers, Jefferson, and some of their opponents and critics, such as Machiavelli and Hobbes, and how their ideas bore on the framing. We will also look at some contemporary interpreters of theories of rights, constitutionalism and republicanism. Students will write a paper. Participation in the seminar discussions is required. This course fulfills the writing requirement for students who successfully complete the research paper. Students taking Constitutional Theory in Fall 2012 are not eligible to take this course.

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

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

4 or 5 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 course may be applied as one of the three required courses for the Public Interest Law Concentration (JD). This course only count towards the Environmental & Energy Law Concentration (JD) if your course focus is on environmental or energy law.
Additional Information: Public Interest Concentration, Environmental & Energy Law Concentration

Public International Law (Maimon Schwarzschild)
LWIC575

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

Public International Law examines the origin, content and operation of the law applicable to the conduct of nation states and international organizations and to their relations with one another. Particular attention is given to the relationship between international law and national law, international agreements, use of force, terrorism, peaceful settlement of disputes, jurisdictional principles, human rights, the status of individuals under international law, state responsibility and remedies, legal protection of foreign investment and the law of the sea.

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

Public Land Use & Natural Resource Law (Lesley K. McAllister)
LWEV575

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

This course surveys the laws and policies governing the management of lands and natural resources under federal ownership (some one-third of the nation’s continental land area). After a brief review of the history of federal land policy, topics will include environmental impact assessment, national forests, minerals, protected lands, tribal lands, endangered species, water, and fire. Special attention is given to the historical, normative, economic, scientific, and political factors that influence land and resource law.

Race & the Law (Junichi P. Semitsu)
LWGC580

3 credit(s)

This course will provide an overview of the complex interconnections between race and law in the United States. The class will begin with a broad overview of the legal construction of race, the color-blind approach to equality, and the scholarly movement known as Critical Race Theory (“CRT”). Both CRT and color-blind philosophies will be taught as essential perspectives, although students are encouraged to arrive at their own conclusions. The course will then shift focus to the role of law in causing and remedying racial inequality. After a brief historical survey of the nexus between law and racial subjugation, the course will explore the development, application, effectiveness, and fate of race-conscious remedies designed to ameliorate patterns and effects of discrimination. The core of the course, however, will be devoted to specific contemporary issues related to race and the law in the areas of (1) affirmative action in the 21st century, (2) workplace discrimination, (3) language rights, (4) racial profiling, (5) free speech, (6) race & adoption, and (7) racial disparities in criminal sentencing. Topics may change in light of new developments. While the primary focus will be on race from a multiracial and multiethnic perspective, the intersections of race with gender, class, and sexuality, as well as the relationship between specific ethnic groups, will be explored. The success of this class is entirely dependent on thorough preparation of assigned readings, thoughtful contribution to open class discussions, and a diversity of views. Thus, attendance and willingness to participate in discussions is both essential and mandatory. Among other things, all students will be required to participate in an in-class appellate argument by serving as an advocate and another as a judge. Students’ grades will be based on a final exam and class participation.

Real Estate Transactions (Duane Horning)
LWBC577

2 credit(s)

This course covers the practical aspects of real property transactions, both residential and commercial. Topics include purchase & sale transactions, escrows, title insurance, options, deeds and title issues, leases, basic financing transactions, brokers and agents, and applicable documents. The course builds on the broader conceptual concepts covered in the Property course, and examines the application of those concepts used by practitioners in advising their clients in transactions.

Remedies (Gail Heriot)
LWLP570

4 credit(s)
Concentration(s): Civil Litigation (JD), Public Interest Law (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). This course may be applied as one of the three required courses for the Public Interest Law Concentration (JD).

Responsibility and the Criminal Law (David O. Brink)
LWCR560

3 credit(s)
Requirement: Writing
Concentration(s): Criminal Law (LLMC), Criminal Law (LLMG)

The topic of the seminar is responsibility, both moral and criminal. Our approach will be guided by two methodological ideas. First, we will bring together philosophical and jurisprudential perspectives on responsibility. Whereas philosophers tend to focus on foundational questions involving skepticism about responsibility, jurisprudential discussions tend to assume we are responsible in some cases and patrol the border of responsibility and excuse. But these different starting points don't make disagreement inevitable. Indeed, I am especially interested in looking at potential for common ground, in particular, comparing the reasons-responsive wing in the compatibilist tradition (e.g. John Fischer and Mark Ravizza, R.J. Wallace, Susan Wolf, and Dana Nelkin) and what might be called the rational choice model of criminal responsibility (e.g. Michael Moore and Stephen Morse). Second, because blame and punishment are appropriate responses to culpable or responsible wrongdoing and excuses deny culpability or responsibility, we can study responsibility by studying excuses. In particular, we will see what we can learn about normal responsibility from cases of diminished or partial responsibility, including insanity and psychopathy, immaturity, addiction, duress and provocation. This seminar can be used to satisfy the Writing Requirement.

Securities Regulation (Mark Lee)
LWBC580

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

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

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

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) with priority to 1) December graduates and 2) full-time students.

Note: This class is restricted to LLM Taxation students.

Tax Research & Communication (R. Anthony Bauman)
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 an evaluation of legislative history and administrative authorities. Students are required to research and prepare complex tax documents such as protests, opinion letters, memoranda of law, and Tax Court petitions. The course may not be counted toward the LLM if the candidate elects to write a thesis. Enrollment is limited to 12 students (no JDs) with priority to 1) December graduates and 2) full-time students.

Note: This class is restricted to LLM students only.

Taxation of Anti-Money Laundering (Sanford Horowitz)
LWTE581

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

This course examines the Anti-Money Laundering and Asset Forfeiture laws utilized to dismantle ongoing criminal enterprises. We will review the various money laundering offenses under Title 18, anti-money laundering programs under the Bank Secrecy Act, and civil and criminal asset forfeiture. We will also review various defenses available to defendants and federal sentencing guidelines. This is an advanced tax course with priority enrollment for LLM in Taxation students. Prerequisite: Tax I. Grade determined by in-class final exam.

Taxation of Property Transactions (Phillip L. Jelsma)
LWTE575

2 credit(s)
Concentration(s): LLM in Taxation (LLMT)
Prerequisite(s): Tax I (LLM students may take this concurrently)

This course examines practical planning opportunities involving closed sales, open sales, deferred payment reporting, installment sales elections, imputed interest, cost recovery reporting, two-way and three-way real estate exchanges, all-inclusive trust deeds, subordinated financing, midpoint refinancing, and negative basis. Considerable emphasis is placed on understanding interest concepts such as mortgage annual constant percentages, lump sum and annuity present value analysis, and real rate of return (after inflation) analysis.

Tech Transfers Legal Practice (Elisabeth Eisner)
LWIP560

2 credit(s)
Requirement: Skills
Concentration(s): Intellectual Property (LLMC), Intellectual Property (JD), Intellectual Property Law (LLMG)
Prerequisite(s): One of the following: Copyright Law,, Intellectual Property Survey, Patent Law, or Trademark Law

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 (Michael B. Kelly)
LWFC570

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

This seminar permits students to explore advanced issues in family law or community property in more detail than a survey course. Each student will prepare and present a paper on a topic chosen by the student with input from the professor. Successful completion of the paper will satisfy the upper class writing requirement. Students should consider what topic they may wish to explore even before the first class. Students receive letter grades (ABCDF) for the course. The seminar will progress through three stages: a brief introduction to family law and community property; a discussion of several interesting articles addressing important issues in family law; and the presentation of student papers. Topics studied will vary, but may include the evolving definition of family, the appropriate role of the state in regulating or protecting families or family members, the role of private agreements in forming or governing families, and ways family law serves (or should serve) the needs of children.

Topics in Insurance Law (Eydith J. Kaufman)
LWGC525

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

This class is designed to provide students with an understanding of insurance law, with an emphasis on insurance litigation. This class will include relevant case law and real-life examples to provide students with the ability to identify and analyze potential insurance issues they will encounter in the practice of law. This class will also discuss the future issues expected to arise in insurance, including a look at the post-9-11 Terrorism Risk Insurance Act. The first part of the class will provide a mixture of lecture and discussion. The second part of the class will be taught in a seminar format. Students will be required to complete an in-depth research paper and make a presentation of their paper to the class. The paper will meet the written work requirement.

Trademark Seminar (Paul Horton)
LWIP583

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

The Fall 2012 Trademarks Seminar will feature three main components: (1) a survey of the main professional, philosophical, historical, constitutional, common law, and domestic and international statutory frameworks that relate to mark assertion, registration, rights, and infringement; (2) a seminar-like classroom format (to the fullest extent its student participants support); and (3) an evaluation format based on three short projects that are spread through the course. Students searching for a course with a final exam should look elsewhere.

Trusts & Estates: Community Property (Robert F. Wesley)
LWTE544

2-3 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.

Trusts & Estates: Wills & Trusts (Dennis Lilly)
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.

Trusts & Estates: Wills & Trusts (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.

UCC: Sales (William H. Lawrence)
LWBC592

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

The course on sales of goods addresses the provisions of Article 2 of the U.C.C., with some comparisons with the new Article 2A on leases of goods. The primary topics include contract formation and enforceability, terms of the contract, risk of loss, warranties, performance and breach, remedies for breach, and transfer of goods. A problem-solving approach is used extensively.

UCC: Secured Transactions (William H. Lawrence)
LWBC594

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

This course deals with the creation, perfection, enforcement, and priorities of security interest in personal property, including goods, "paper" collateral, and intangibles such as accounts, in both commercial and consumer settings. The treatment of security interests in bankruptcy, and in priority contexts with various non-Article 9 interests, is also examined.

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