Course Descriptions

Fall 2014 Class Descriptions: Electives

Administrative Law (Michael B. Rappaport)
LWPP510

4 credit(s), Standard Letter Graded
Concentration(s): Environmental and Energy Law (MSLS), Environmental and Energy Law (LLMG), Environmental and Energy Law (LLMC), Public Interest Law (JD), Environmental and Energy Law (JD), Children's Rights (JD)

This course discusses the basic rules and principles governing federal administrative agencies. Subjects covered include the procedures governing administrative agencies, judicial review of administrative action, and presidential and congressional controls over agencies. The rules governing agencies are quite different from those that govern courts. Knowledge of these rules has become increasingly important, as many practitioners are now likely to spend more time dealing with administrative agencies than litigating in court.

 

Note: This is a required course for the Environmental & Energy Law and Public Interest Law concentrations (JD).
Additional Information: Environmental & Energy Law Concentration, Public Interest Law Concentration

Adv. Problems in Executive Branch Regulatory Policy & Law (Orde Kittrie)
LWPP512

3 credit(s), Standard Letter Graded

This course examines selected advanced administrative law and regulatory policy issues relating to executive agencies. Through readings and case studies, students will gain an advanced understanding of how government agencies do what they do, and of the rules and institutions that control them. The professor, Hugh Stevenson, is currently the U.S. Federal Trade Commission's Deputy Director for International Consumer Protection.

The focus of the course will be on U.S. federal government agencies, with some comparisons drawn to state and European institutions. The class will consider the creation and structure of agencies, agency adjudication and rulemaking, as well as how agencies make policy, engage in regulatory enforcement, and operate internationally. In addition, the class will consider the various controls on government agency action, including judicial review; statutes governing government information access and use; and other limits on agency discretion. Guest speakers from the public and private sector will be invited to meet with the class to describe their experiences.

Case studies, some from the textbook, others from newsworthy events, will help students focus on the role of the lawyer in government agency decision-making and relations with other stakeholders. A final paper (of approximately 20 pages in length) and various in-class exercises associated with the case studies will be required. The final grade will consist of the following components: 1) final paper - 75%, 2) class participation – 25% (to include in-class exercises).

Note: This class is restricted to students admitted to the Washington DC Externship Program

Advanced Business Planning (Richard A. Shaw)
LWTE505

2 credit(s), Standard Letter Graded
Requirement: Skills
Concentration(s): Taxation (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 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 Civil Litigation (Michael J. Weaver, Robert S. Brewer Jr. )
LWLP511

3 credit(s), Standard Letter Graded
Requirement: Skills
Concentration(s): Civil Litigation (JD)
Prerequisite(s): Civil Procedure, Evidence

This course is designed to prepare students for advanced civil litigation practice, staring with the initial client engagement and continuing through trial to post-trial. Emphasis will be given to issue recognition, practical problem solving, tactics, and strategies at each stage. Topics will include: professionalism and ethics, identification and management of issues at the client engagement stage, early case review, advanced litigation dynamics, utilization of experts, settlement issues, trial preparation, trial execution, and post-trial issues. At the conclusion of the course, a successful student will have a sophisticated understanding of the techniques and strategies of high level civil litigators. Effective use of time, making decisions based upon the best available authority, and avoiding mistakes will be emphasized. Some attention will be given to how successful civil litigators manage stress and the physical and emotional demands of a thriving litigation practice. Students will be required to participate actively during the class, track time spent on projects, and prepare four working memoranda on selected subjects. Grades will be based primarily on the written assignments, but a portion of the grade will also be based on class participation and oral presentations. The class will be taught by an attorney with more than 39 years of litigation and trial practice. The class will also feature occasional guest lecturers from the bench and bar.

Recommended but not required: ADR, Mediation Skills, Negotiation, Pre-Trial Practice, Advanced Trial Advocacy and Federal Courts

 

Advanced Legal Writing (Janice L. Sperow)
LWGC505

1 credit(s), H/P/L/F Graded
Concentration(s): Criminal Litigation (JD), Civil Litigation (JD)

Advanced Legal Writing is a one-unit course specifically designed to help students strengthen their fundamental legal writing skills. The class will help students master the skills needed to be a good legal writer, including:Selecting active and powerful word choices; Constructing paragraphs; Using proper grammar and punctuation; Creating a strong micro and macro legal structure; Developing thesis and conclusion sentences; Issue spotting; Extracting, formulating, and synthesizing rules of law; Crafting explicit factual comparisons; and Revising, editing and perfecting their work product. The class will also include workshops on “The Secrets of Successful Legal Writing Students” and “How to Ace Your Final & Bar Exam Essays.” Students will learn through lecture, in-class exercises, outside-class exercises, workshops, one-on-one TA and Professor sessions and practice. The class requires no outside research. It will be graded H, P, LP and F. Students may only enroll in two of the following during their law school career: Advanced Legal Writing OR LWR III: Lit & Judicial Drafting OR LWR III: Legal Writing OR Legal Drafting. Students desiring to add the second class in this series must receive a signature on their add/drop form from the Office for JD Student Affairs, and provide the form to the Registrar's office (that is, students cannot add the second class themselves online.)

Alternative Dispute Resolution (Alan Schulman)
LWLP517

3 credit(s), Standard Letter Graded
Requirement: Skills
Concentration(s): Labor and Employment Law (LLMG), 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, Mediation or Negotiation to count toward the Civil Litigation Concentration.

Bankruptcy (Philip J. Giacinti, Jr.)
LWBC510

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

This course 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.

Business Planning (Dennis Doucette)
LWBC520

3 credit(s), Standard Letter Graded
Requirement: Skills
Concentration(s): Business and Corporate Law (LLMC), LLM in Business and Corporate Law (LLMB), 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.

California Civil Procedure (Walter Heiser)
LWLP520

3 credit(s), Standard Letter Graded
Concentration(s): Civil Litigation (JD)

This course is designed for upperclass law students who intend to practice law in California and therefore may wish to learn more about California civil procedure. The course will focus on the important caselaw doctrines, statutory rules, and policies which define civil litigation in the California courts with particular attention to those areas of California civil procedure that are unique when compared to federal and to other states' procedural laws. The topics covered will include considerations before undertaking representation; statutes of limitations and related doctrines; California conflicts of law doctrine; jurisdiction, venue, forum non conveniens, and service of process; prejudgment attachment and other provisional remedies; claim and issue preclusion; pleadings and motions; joinder of parties and claims, new party cross-complaints, equitable indemnity, and good faith settlements; the California Civil Discovery Act; summary judgments, default judgments, involuntary dismissals for failure to prosecute, the “fast track” system, and judicial and contractual arbitration; right to jury trial, trial procedures, and post-trial motions; judgments, enforcement of judgments, and setting aside judgments; and appeals, extraordinary appellate writs, and administrative mandamus. The course will also provide students with a brief summary of the federal or general position on each major topic covered as a basis of comparison and as a review of basic civil procedure. Third year full-time and fourth year part-time students have registration priority for this class.

Child Rights & Remedies (Robert C. Fellmeth)
LWFC520

3 credit(s), Standard Letter Graded
Concentration(s): Children's Rights (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.

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

Civil Rights Theories Seminar (Roy L. Brooks)
LWPP521

3 credit(s), Standard Letter Graded
Requirement: Writing

This seminar will study closely several systems of accepted knowledge about how our government regulates or should regulate race relations during this Post-Civil Rights Era. These racial paradigms provide the subtext of public and, to a lesser extent, private institutional decision making, and are often debated within the pages of Supreme Court cases. While references will be made to Supreme Court cases and to specific justices, the seminar will focus on primary sources; in other words, the texts that generate fundamental civil rights theories. The readings will be interdisciplinary (drawing on legal, sociological, economic, psychological, historical, and political themes) and will stress the importance of contextualization. A conceptual scheme will be offered to help students understand, organize, and analyze civil rights theories; but students will be asked to develop their own well-informed views about the theories. Students will be evaluated on the basis of a paper plus weekly oral and written classroom presentations. Class attendance is essential.

Note: Students admitted to the seminar who are not in attendance the first day of class and who do complete the assignment for the first day of class may forfeit their place in class.

Climate Change Law & Policy (Tim Duane)
LWEV503

3 credit(s), Standard Letter Graded
Requirement: Writing
Concentration(s): Environmental and Energy Law (MSLS), Environmental and Energy Law (LLMG), Environmental and Energy Law (LLMC), Environmental and Energy Law (JD)

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).

Community Property (Dennis Lilly)
LWTE544

3 credit(s), Standard Letter Graded

In this course the non-tax aspects of estate planning are integrated, combining wills, trusts, future interests, and community property. Methods of family wealth transfer in both community property and non-community property jurisdictions are considered, including: inter vivos gifts, wills, trusts, intestate succession and will substitutes. Fiduciary administration; class gifts; powers of appointment; the rule against perpetuities; charitable trusts; classification, control and management of community property; and the distribution of property on dissolution of the community are studied.

Comparative Law (Pierre Legrand)
LWIC518

2 credit(s), Standard Letter Graded
Concentration(s): LLM in International Law (LLMI), International Law (LLMC), International Law (JD), International Law (MSLS)

Most courses in law school are about U.S. law. This course is different as 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 is very important within national law. Indeed, a huge quantity of legal situations in the U.S. involve foreign law (whether it be a contract entered into in New York governed by German law or a deceased person from San Francisco bequeathing real estate in France or 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. It will also consider two primordial questions. First, how could 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 in full in August and September and the final “take-home” examination is set at the end of the course towards the end of September. No prior knowledge of foreign law or of a foreign language is required.

Constitutional Law II (Lawrence A. Alexander)
LWPP525

3 credit(s), Standard Letter Graded
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.

Corporate Finance (Jordan M. Barry)
LWBC530

3 credit(s), Standard Letter Graded
Concentration(s): Business and Corporate Law (MSLS), Business and Corporate Law (LLMC), LLM in Business and Corporate Law (LLMB), Business and Corporate Law (JD)
Prerequisite(s): Corporations

This course 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, Frank Partnoy)
LWBC545

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

This course examines the structure and the rights and obligations of directors, officers, and shareholders mainly under state corporations law. Other topics include partnerships and limited liability entities. The course covers, among other subjects, the characteristics of the corporation as distinct from other forms of business association, the special problems of the closely-held corporations (a corporation owned by a few persons), the fiduciary obligations of directors and controlling shareholders in closely-held and public corporations, procedures for decision making by directors and shareholders, shareholder voting rights, and certain federal securities law subjects, such as insider trading.

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

Corrections & Sentencing (Alex Landon)
LWCR510

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

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.

Criminal Procedure I (Donald A. Dripps, Hon. Richard Huffman)
LWCR520

3 credit(s), Standard Letter Graded
Concentration(s): Criminal Law (MSLS), Criminal Law (LLMG), Criminal Law (LLMC), Criminal Litigation (JD)
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 Tax Fraud (Richard Carpenter)
LWTE512

2 credit(s), Standard Letter Graded
Concentration(s): Taxation (MSLS), Criminal Law (MSLS), Criminal Law (LLMG), LLM in Taxation (LLMT), Taxation (LLMC), Criminal Law (LLMC), Criminal Litigation (JD)
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.

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

Death Penalty (John Cotsirilos)
LWCR530

2 credit(s), Standard Letter Graded
Concentration(s): Criminal Law (MSLS), Criminal Law (LLMG), Criminal Law (LLMC), Criminal Litigation (JD)

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 (Jonathan P. Read)
LWFC530

3 credit(s), Standard Letter Graded
Concentration(s): Children's Rights (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.

Election Law (Brian Maienschein)
LWPP553

2 credit(s), Standard Letter Graded

This course will examine local, state and federal election law including campaign finance law and redistricting.  We will examine the role of the attorney in advising, advocating and litigating on behalf of candidates and elected officials. No background in politics, campaigns, or political science is necessary.

Employment Law (Orly Lobel)
LWPP537

4 credit(s), Standard Letter Graded
Concentration(s): Labor and Employment Law (LLMG), Public Interest Law (JD)

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), Standard Letter Graded
Concentration(s): Environmental and Energy Law (MSLS), Environmental and Energy Law (LLMG), Environmental and Energy Law (LLMC), Environmental and Energy Law (JD)

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).

Environmental Law (Tim Duane)
LWEV520

3 credit(s), Standard Letter Graded
Concentration(s): Environmental and Energy Law (LLMG), Environmental and Energy Law (LLMC), Environmental and Energy Law (JD), Environmental and Energy Law (MSLS)

This survey course addresses the principles that govern environmental law, including the respective roles of the courts, state and federal agencies, and citizen groups. Federal environmental statues covered include: The National Environmental Policy Act, Endangered Species Act, Clear Air Act, Clean Water Act, and Comprehensive Environmental Response, Compensation and Liability Act (Superfund). The course will also introduce California state environmental law through the California Environmental Quality Act and the Public Trust Doctrine.

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

Estate Planning Seminar (Adam Hirsch)
LWTE524

3 credit(s), Standard Letter Graded
Requirement: Writing
Prerequisite(s): Trusts & Estates

The course covers topics in estate planning, including substantive planning strategies for beneficiaries with special needs, strategies for avoiding will contests, and basic tax planning. Students undertake will criticism exercises and are required to produce two drafts of a substantial research paper on a topic in the area of inheritance law, trust law, transfer taxation, or estate planning. Each student will present the first draft to the class for a substantive discussion and constructive analysis. The final draft is due at the end of the semester. Successful completion of this course satisfies the written-work requirement.

European Union Commercial Law (Jens Schovsbo, Vibe Ulfbeck)
LWIC522

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

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, and the EC directive on Products Liability. 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.

European Union Law (Ralph H. Folsom)
LWIC521

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

Law, policy and procedures of the European Union, including growth of the EU common market and its jurisdiction, law-making, litigation, freedoms of movement, common economic and social policies, the EURO, external trade relations, human rights, and business competition law. This is a paper course.

Evidence (Donald A. Dripps, Michael Devitt)
LWLP529

4 credit(s), Standard Letter Graded
Concentration(s): Criminal Law (MSLS), Criminal Law (LLMG), Criminal Law (LLMC), Criminal Litigation (JD), Civil Litigation (JD)

The rules of evidence in judicial tribunals, focusing on the Federal Rules of Evidence and the California Evidence Code are addressed in this course. Also covered are issues relating to: (1) judicial control and administration - functions of judge and jury, judicial notice, burden of proof presumptions, problems of relevancy, circumstantial evidence, and unfair prejudice; and (2) witnesses - competency, privileges, principles of examination and cross-examination, impeachment and support, expert and lay opinion testimony. The hearsay rule and its exceptions, rules relating to writings, real and scientific evidence are also examined.

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

Federal Estate & Gift Taxation (Miranda Perry Fleischer)
LWTE530

3 credit(s), Standard Letter Graded
Concentration(s): Taxation (MSLS), LLM in Taxation (LLMT), Taxation (LLMC)
Prerequisite(s): Tax I

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 Tax I (Federal Income Taxation).Trusts & Estates is recommended but not required.

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

2 credit(s), Standard Letter Graded
Concentration(s): Taxation (MSLS), LLM in Taxation (LLMT), Taxation (LLMC)
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. Note: Tax LLM students may take Tax II concurrently.

Note: 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), Standard Letter Graded
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)

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.

Fundamentals of Bar Exam Writing (Linda McCloud)
LWGC520

1 credit(s), H/P/L/F Graded

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

Health Law & Bioethics (Dov Fox)
LWGC534

3 credit(s), Standard Letter Graded
Requirement: Writing

Recent developments in biotechnology and the life sciences invite us to rethink key features of the legal landscape. In addition to traditional health law subjects such as informed consent, physician liability, and access to care, we will examine emerging controversies that cut across torts, contracts, property, intellectual property, criminal procedure, and administrative law. Topics will include brain imaging, DNA forensics, gene patenting, genetic screening, stem cell research, biomedical enhancement, and the appropriation of human cells.  Students will be required to draft and revise a substantial final paper on an approved topic and write weekly reaction papers based on the reading. No background in science or medicine is necessary.

High Tech Starts Ups (Thomas A. Smith)
LWBC587

2 credit(s), Standard Letter Graded
Requirement: Writing
Concentration(s): Intellectual Property Law (LLMG), Intellectual Property (LLMC), Business and Corporate Law (LLMC), LLM in Business and Corporate Law (LLMB), Intellectual Property (JD), Business and Corporate Law (JD), Business and Corporate Law (MSLS), Intellectual Property Law (MSLS)
Prerequisite(s): Corporations
Recommended Class(es): Tax I

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

Innovation, Markets, and Financial Regulation (Jordan M. Barry, Victor Fleischer, Frank Partnoy)
LWBC568

3 credit(s), P/F Graded
Concentration(s): Business and Corporate Law (LLMC), LLM in Business and Corporate Law (LLMB), Business and Corporate Law (JD), Business and Corporate Law (MSLS)
Prerequisite(s): Corporations
Recommended Class(es): Tax I

This seminar will explore the practical and theoretical aspects of innovation, markets, and financial regulation. The course will have three elements. First, the instructors will present an overview of the key fundamental concepts that underpin modern financial markets, including: financial innovation, derivatives, shareholder activism, valuation methodologies, tax and accounting treatment, and regulatory arbitrage. Second, the instructors will meet with students individually to discuss potential career paths and students will draft a specific plan of study and action related to their career paths. Third, guest lecturers from practice and academia will present new developments and research, and the instructors will introduce and comment on each presentation. Students will write short papers related to class meetings, including a final Career Path Plan, a document that will incorporate material from the presentations and class, and set forth a road map and business plan for each student’s anticipated, or hoped for, career path.

Pass/Fail. Students will write approximately ten short papers (i.e., roughly one per class meeting, with some exceptions), including a final Career Path Plan that incorporates material from the presentations.

Intellectual Property Survey (Lisa P. Ramsey)
LWIP550

4 credit(s), Standard Letter Graded
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. 

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), Standard Letter Graded
Concentration(s): International Law (MSLS), Business and Corporate Law (MSLS), LLM in International Law (LLMI), International Law (LLMC), Business and Corporate Law (LLMC), LLM in Business and Corporate Law (LLMB), International Law (JD), Business and Corporate Law (JD)

This 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), Standard Letter Graded
Concentration(s): International Law (MSLS), LLM in International Law (LLMI), International Law (LLMC), International Law (JD), Civil Litigation (JD)
Prerequisite(s): Civil Procedure

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.

International Contracts (Herbert I. Lazerow)
LWIC537

3 credit(s), Standard Letter Graded
Concentration(s): International Law (MSLS), Business and Corporate Law (MSLS), LLM in International Law (LLMI), International Law (LLMC), Business and Corporate Law (LLMC), LLM in Business and Corporate Law (LLMB), International Law (JD), Business and Corporate Law (JD)

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 Environmental Law (Jorge A. Vargas)
LWIC539

3 credit(s), Standard Letter Graded
Requirement: Writing
Concentration(s): Environmental and Energy Law (LLMG), International Law (LLMC), Environmental and Energy 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 Human Rights (Dustin N. Sharp)
LWIC543

3 credit(s), Standard Letter Graded
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 Negotiation (Allen C. Snyder)
LWIC548

3 credit(s), H/P/L/F Graded
Requirement: Skills
Concentration(s): LLM in International Law (LLMI), International Law (LLMC), International Law (JD)

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

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

3 credit(s), Standard Letter Graded
Requirement: Writing
Concentration(s): 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.

Students admitted to the seminar who are not in attendance the first day of class and who do complete the assignment for the first day of class may forfeit their place in class.

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), Standard Letter Graded
Concentration(s): LLM in International Law (LLMI), LLM in Taxation (LLMT), Taxation (LLMC), International Law (LLMC), Business and Corporate Law (LLMC), LLM in Business and Corporate Law (LLMB), Business and Corporate Law (JD), Business and Corporate Law (MSLS), International Law (MSLS), Taxation (MSLS)
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.

Interviewing & Counseling (Margaret A. Dalton)
LWLP535

3 credit(s), H/P/L/F Graded
Requirement: Skills
Recommended Class(es): Trial Advocacy

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. The course is graded on a 4-tier Pass-Fail basis.

Intro to US Law (Michael Devitt)
LWGC530

2 credit(s), Standard Letter Graded

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.

IP Strategies (David McGowan)
LWIP563

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

This course studies how firms in different markets use intellectual property rights. The point is to see how different rights affect different business models. The class will meet (in person or virtually) with business people and lawyers from different firms; during these sessions students will lead discussion and ask questions. Students will then write short (2-3 pages) papers on the relationship of IP rights to the business model in question. These papers will be discussed among students the following week. Possible models include Google Books, computer games, motion pictures, and open-source software. Grading will be based on the quality of questions asked the business people and on the papers. There will be no final exam.  Prerequisite: One of the following, IP Survey, Copyright, Patent Law or Trademark Law.

Journal Board (R.J. Pinto)
LWWI542

1 credit(s), H/P/L/F Graded

This course is offered only to students who are editorial board members of the Law Review, International Law Journal, and Journal of Climate and Energy Law. This course focuses on providing students with an understanding of general editorial and publication processes, advanced editing and publication techniques, additional training in legal writing and research, and an introduction to author (client) management. Course topics include editing and grammar, editorial research, publication scheduling, article selection, and author relations.

Law and Socioeconomics (Lynne L. Dallas)
LWJT540

2 credit(s), Standard Letter Graded
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 and Constitutional Challenges in the Middle East (Iddo Porat)
LWIC563

2 credit(s), Standard Letter Graded
Concentration(s): International Law (LLMC), International Law (JD), International Law (MSLS)
Prerequisite(s): Constitutional Law I

The Middle East is in turmoil. The course will focus on the ways the legal systems of countries in the Middle East face the challenges of the region with a special focus on constitutional law. The legal systems of the region face the following challenges - first is the tension between traditionalism and progress, which is reflected amongst others in the highly contentious relationship between state and religion in the countries of the region. Second is the issue of constitutional change, and constitutional revolution - the Arab Spring has saw the downfall of regimes and the rise of new ones, a process usually accompanied by constitutional conventions, and sometimes, as in Egypt, with multiple constitutional conventions. Iraq is another example of constitutional design and constitutional change. Third are issues relating to security threats and the fight against terrorism, and fourth are issues of multiculturalism and ethnic and cultural diversity. Israel, shares all these challenges but in different ways owing to its own special place in the Middle East. A special emphasis will be given in the course to Israeli law and Israeli constitutional law. Your final grade will be based on a final exam plus class presentations.

Legal Drafting (Elaine Edelman)
LWGC563

2 credit(s), Standard Letter Graded
Requirement: Skills
Concentration(s): Business and Corporate Law (LLMC), LLM in Business and Corporate Law (LLMB)

Transactional drafting is a skill used in most areas of law. It refers to the process of composing documents to formalize agreements and settlements between parties. This course will train students to be comfortable with the drafting process, which includes expressing agreements and settlements in language that will benefit clients, and composing documents that contain this language in a form that will maximize favorable interpretation in court. The course emphasizes both cooperative and individual drafting work. Each week in class, students will learn about selected components of the process, draft a document or exercise requiring the use of that component, and receive feedback on that day’s drafting activity. Students will have weekly individual homework assignments that reinforce that week’s skill. One or more attorneys whose practices include drafting work will appear in class to give students practical feedback on their work. Grades will be based on individual weekly written homework assignments and an end-of-semester individual drafting project, and are subject to the upper class curve requirements. Students may only enroll in two of the following during their law school career: Advanced Legal Writing OR LWR III: Lit & Judicial Drafting OR LWR III: Legal Writing OR Legal Drafting. Students desiring to add the second class in this series must receive a signature on their add/drop form from the Office for JD Student Affairs, and provide the form to the Registrar's office (that is, students cannot add the second class themselves online.)

Legal Writing & Research, LLMC (Gail Greene)
LWGC560

2 credit(s), H/P/L/F Graded

This course, which is offered only to students in the LLM in Comparative Law program, focuses on providing students with: (1) a broad overview of the structure of the U.S. legal system; (2) techniques for successful research , writing and practice of law in the U.S. courts; (3) an introduction to the objective analytical skills that promote success in coursework and in the profession; (4) an introduction to persuasive writing techniques; and (5) techniques for success in class and examinations. The course has a very low student-faculty ratio and faculty carefully review each student’s research and writing assignments. Students are provided opportunities to meet with their professor and revise their written work.

Legislation (Mila Sohoni)
LWLP565

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

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

Legislative Advocacy & the Law (Orde Kittrie)
LWPP566

3 credit(s), Standard Letter Graded

This course is designed to teach students legislative lawyering and advocacy skills. These skills include identifying and assessing issues susceptible to being addressed by legislation; analyzing and selecting legislative options for addressing such issues; drafting statutory and other legislative materials; and developing a coalition-building and media strategy for advocating adoption of the proposed legislative solution. Readings and guest speakers will focus on advanced and problem-focused discussion of such topics as Congressional powers, legislative process (including the functions of legislative committees), relevant ethics issues (including the regulation of lobbying), Presidential vetoes and signing statements, statutory interpretation, as well as case studies in successful legislative advocacy campaigns.

Students will be required to draft a set of written materials which will include a final paper containing analysis of a problem susceptible to being addressed by legislation, discussion of potential legislative options for addressing it, selection of a preferred option, and strategies for advocacy (including coalition-building and media). Students may also be require to draft and submit some or all of the following: proposed statutory language; draft legislative history (report language, colloquies, Congressional Record statements); talking points; fact sheets; and testimony. The final grade will consist of the following components: 1) written assignments - 80%, 2) class participation – 20% (to include assigned class presentations).

This class is required for students attending the Washington D.C. Externship Program.

 

Note: This class is restricted to students admitted to the Washington DC Externship Program

Mediation Skills (Lisa Maxwell)
LWLP556

1 credit(s), H/P/L/F Graded
Requirement: Skills
Concentration(s): Civil Litigation (JD)

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 skills 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 36 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.

Note: Students may only elect this course, Alternative Dispute Resolution or Negotiation to count toward the Civil Litigation Concentration (JD).

Mergers & Acquisitions (Thomas A. Smith)
LWBC570

3 credit(s), Standard Letter Graded
Concentration(s): Business and Corporate Law (LLMC), LLM in Business and Corporate Law (LLMB), Business and Corporate Law (JD), Business and Corporate Law (MSLS)
Prerequisite(s): Corporations

This course will examine selected economic, corporate law, and securities law aspects of the acquisition of businesses. Topics covered will include some basic (and necessary) corporate finance theory (such as valuation, efficient capital markets, event studies and option pricing theory); empirical evidence on the social costs and benefits of acquisition activity; the structuring of friendly and hostile acquisitions; the corporate law of takeover defenses; and securities law regulation of acquisition transactions. Some accounting and tax law topics may be touched upon, but they will not be a major focus of the course. Some effort will be made to examine drafting and negotiations aspects of M&A transactions. Students with substantial background in related areas may take Corporations concurrently, with permission. There will be a final exam in the class.

NAFTA (Ralph H. Folsom)
LWIC568

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

This course provides an introduction to the law of the North American Free Trade Agreement, MERCOSUR, the proposed Free Trade Area of the Americas and other Western Hemisphere trade relations. Subjects to be addressed include trade in goods, cross-border services, intellectual property, investment, dispute settlement, and the treatment of labor and the environmental issues. Particular attention will also be paid to NAFTA investor/state arbitrations. This is a paper course.

Negotiation (Neal W. Smith)
LWLP560

3 credit(s), H/P/L/F Graded
Requirement: Skills
Concentration(s): Business and Corporate Law (MSLS), Labor and Employment Law (LLMG), Business and Corporate Law (LLMC), LLM in Business and Corporate Law (LLMB), Civil Litigation (JD), Business and Corporate Law (JD)
Recommended Class(es): Trial Advocacy

Effective negotiation skills are essential to the successful practice of law. Most legal and business disputes are resolved through direct negotiation. This course will teach students effective techniques and negotiation strategies in a work shop style setting. This course will introduce students to different types and styles of bargaining and specialized communication skills currently used by effective and successful negotiators. Negotiation competencies will be taught through lecture and experiential methods (interactive and role play exercises). Practical in its orientation, emphasis is placed on prevailing negotiation techniques and strategies used by practicing lawyers and professional business negotiators. Due to the participatory nature of the course, enrollment is limited. Grades will be based on class participation, homework assignments, quizzes, an out of class negotiation assignment and a take-home final. The course is graded on a four tier Pass/Fail basis.

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

Negotiation (Gregg Relyea)
LWLP560

3 credit(s), H/P/L/F Graded
Requirement: Skills
Concentration(s): Business and Corporate Law (MSLS), Labor and Employment Law (LLMG), Business and Corporate Law (LLMC), LLM in Business and Corporate Law (LLMB), Civil Litigation (JD), Business and Corporate Law (JD)

Effective negotiation skills are essential to the successful practice of law. Most legal disputes are resolved through direct negotiation. This course will teach students effective communication techniques and negotiation strategies in a workshop style setting. The course will introduce students to different types of bargaining, different approaches to bargaining, specialized communication techniques used by effective negotiators, and techniques for overcoming negotiating impasses. Negotiation practices will be taught using both lecture and experiential methods (interactive exercise, role play exercises). This course will be practical in its orientation, with an emphasis on prevailing negotiation techniques and strategies customarily used by practicing lawyers. Due to the participatory nature of the course, enrollment will be limited. Grades will be based on a written final examination, homework assignments, and class participation. The course is graded on a 4-tier Pass/Fail basis.

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

Partnership Tax (Howard Abrams)
LWTE545

3 credit(s), Standard Letter Graded
Concentration(s): Taxation (MSLS), LLM in Taxation (LLMT), Taxation (LLMC)
Prerequisite(s): Tax I

This course considers the federal tax consequences of entity classification of partnership and limited liability companies; formation of a partnership; basis of partnership interests and assets; effect of liabilities on basis; allocation of income and deductions; partnership elections; continuation, merger, and termination of partnerships; family partnerships; sales and exchanges of partnership interests; liquidating and non-liquidating distributions; retiring partners; and pertinent policy considerations.

Patent Law (Maria V. Stout, Joseph M. Reisman)
LWIP570

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

The purpose of this course is to prepare students to understand the law and analyze the problems involved in protecting inventions under U.S. Patent Laws and in protecting trade secrets under the common law and the California Trade Secret Statute. Although the protection of state-of-the-art technology, including software and biotechnology, is included in portions of the course, technical or scientific expertise of the student is not a prerequisite.

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

Patent Litigation I (Lara S. Garner, Michael Amon, Christopher Marchese)
LWIP568

2 credit(s), H/P/L/F Graded
Requirement: Skills
Concentration(s): Intellectual Property Law (LLMG), Intellectual Property (LLMC), Intellectual Property (JD)
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

Pre-Trial Practice (Shaun P. Martin)
LWLP567

3 credit(s), Standard Letter Graded
Concentration(s): Civil Litigation (JD)

This course discusses the procedural rules that control the pretrial stage of a civil lawsuit, as well as the strategic and tactic utilization of those rules. The course is practice-oriented and particularly focuses on the discovery process, but also discusses pleadings as well as a wide variety of law and motion procedures. The course focuses on practice and procedure in both federal courts in California as well as in California state court.

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

2-3 credit(s), Standard Letter Graded
Requirement: Skills
Concentration(s): Environmental and Energy Law (LLMG), Environmental and Energy Law (LLMC), Public Interest Law (JD), Environmental and Energy Law (JD), Children's Rights (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 is a required course for the Public Interest Law Concentration (JD). This course only counts towards the Environmental & Energy Law Concentration (JD) if your course focus is on environmental or energy law.
Additional Information: Public Interest Concentration, Environmental & Energy Law Concentration

Public International Law (Maimon Schwarzschild)
LWIC575

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

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).

Real Estate Transactions (Duane Horning)
LWBC577

2 credit(s), Standard Letter Graded

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 (Michael B. Kelly)
LWLP570

4 credit(s), Standard Letter Graded
Concentration(s): Public Interest Law (JD), Civil Litigation (JD), Children's Rights (JD)

Legal and equitable remedies under statutes and the common law are examined and compared. The course focuses on methods of evaluating alternative remedies and arguing for or against their creation or use in a given case. The course objective is to enable the student not only to identify all available remedies but also to choose the preferred remedy from among them. The principal subjects covered are equity, restitution and damages.

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

Securities Regulation (Mark Lee)
LWBC580

3 credit(s), Standard Letter Graded
Concentration(s): Business and Corporate Law (MSLS), Business and Corporate Law (LLMC), LLM in Business and Corporate Law (LLMB), 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 II (Victor Fleischer)
LWTE560

3 credit(s), Standard Letter Graded
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

The course involves a study of the basic concepts of federal income taxation of C corporations and their shareholders, including organization of corporations; cash and stock dividends; redemptions of stock; partial and complete liquidations; sales of corporate businesses and reorganizations. Taxation of corporations is compared with taxation of partnerships, limited liability companies and S corporations. The emphasis is on careful analysis of Code provisions, Treasury Regulations, other administrative materials and important judicial decisions in relation to problems that are frequently assigned in advance of class discussion.

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

Tax Research & Communication (Susan Shaler)
LWTE580

3 credit(s), Standard Letter Graded
Concentration(s): LLM in Taxation (LLMT), Taxation (LLMC)
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), Standard Letter Graded
Concentration(s): Taxation (MSLS), LLM in Taxation (LLMT), Taxation (LLMC)
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. Prerequisite: Tax I. Grade determined by final exam held on Friday, October 24, 2014.

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

Taxation of International Finance (John I. Forry)
LWTE583

3 credit(s), Standard Letter Graded
Concentration(s): Taxation (MSLS), LLM in Taxation (LLMT), Taxation (LLMC)
Prerequisite(s): Tax I or Corporate Finance

This course derives – from alternative approaches to capital investment neutrality and governmental benefit – the competing national bases for income, asset transfer and value added taxation of cross-border activities. The current importance of transfer pricing among related parties and the mitigation of multiple national taxation by unilateral national measures, tax treaties and EU directives are discussed and illustrated by examples. The course then applies these key tax concepts in structuring cross-border financing, including international project finance, securitization, capital markets equity and debt financing, and the use of international investment funds. Early in the course, students are assigned to teams. Each team is provided with a brief case study, makes a presentation in the final sessions of the course and afterwards 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+). Prerequisite: Tax I or Corporate Finance. This is an advanced tax course with priority enrollment for LL.M. in Taxation students.

Taxation of Property Transactions (Phillip L. Jelsma)
LWTE575

2 credit(s), Standard Letter Graded
Concentration(s): Taxation (MSLS), LLM in Taxation (LLMT), Taxation (LLMC)
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.

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

Trademark Law (Lisa P. Ramsey)
LWIP580

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

This course provides an overview of trademark and unfair competition law. We will discuss the purpose of these laws, the requirements for trademark protection, and the scope and enforcement of trademark rights. Specifically, we will cover the concepts of distinctiveness, functionality, and use of a trademark; the procedural and substantive aspects of trademark registration; geographic limits on trademark rights; trademark infringement, dilution, cybersquatting, counterfeiting, false advertising, false endorsement, and the right of publicity; and defenses and remedies in trademark actions. 

Trial Advocacy (Linda L. Lane)
LWLP550

3 credit(s), H/P/L/F Graded
Requirement: Skills
Concentration(s): Criminal Law (LLMG), Criminal Law (LLMC), Criminal Litigation (JD), Civil Litigation (JD)

This is an upper class course focused on the skills of case analysis and oral presentation of those cases to judges and juries on civil or criminal trials. The course also includes developing skills used in the discovery phase of civil cases, especially depositions. The course is specifically designed to expand the skills introduced to the student in Legal Research & Writing. The course methodology combines lectures, demonstrations and individual student performances in small groups with extensive critique and feedback by small group instructors who are experienced practitioners. The course culminates in a mock trial. The course is graded on a 4-tier Pass/Fail basis.

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

Trusts & Estates (Adam Hirsch)
LWTE555

3 credit(s), Standard Letter Graded

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), Standard Letter Graded
Concentration(s): Business and Corporate Law (MSLS), Business and Corporate Law (LLMC), LLM in Business and Corporate Law (LLMB), Business and Corporate Law (JD)

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), Standard Letter Graded
Concentration(s): Business and Corporate Law (MSLS), Business and Corporate Law (LLMC), LLM in Business and Corporate Law (LLMB), Business and Corporate Law (JD)

This course 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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