Course Descriptions

Fall 2016 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), Employment and Labor Law (LLMG), Environmental and Energy Law (LLMC), Public Interest Law (JD), Health Law (JD), Environmental and Energy Law (JD), Employment and Labor 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). This course may be applied as part of the nine required credits for the Health Law Concentration (JD).
Additional Information:Environmental & Energy Law Concentration (JD), Public Interest Law Concentration (JD)

Advanced Business Planning (Richard A. Shaw)
LWTE505

2 credit(s), Standard Letter Graded
Requirement(s): Skills
Concentration(s): Taxation (MSLS), Business and Corporate Law (MSLS), LLM in Taxation (LLMT), Taxation (LLMC), Business and Corporate Law (LLMC), LLM in Business and Corporate Law (LLMB), Business and Corporate Law (JD)
Prerequisite(s): Tax 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.

Advanced Legal Writing (Janice L. Sperow)
LWGC505

1 credit(s), H/P/L/F Graded
Requirement(s): Writing OR Skills
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.)

Animal Law (Laurence Claus)
LWGC510

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

Animal Law is a study of the range of ways that law affects and protects animals. 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.

Bankruptcy (Mary Jo Wiggins)
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)
Recommended Class(es): UCC: Secured Transactions

This course will provide an detailed examination of the liquidation and reorganization dynamics in both corporate and consumer cases under the Bankruptcy Code, and the effects of bankruptcy on non-bankruptcy debtor-creditor law, corporate workouts, and a variety of pre-bankruptcy transactions. The objective of this course is to give students a working knowledge of the Code and associated rules, cases and history; an understanding of the policies reflected in and relevant to bankruptcy law and non-bankruptcy debtor-creditor law; and an appreciation of the reality of modern bankruptcy practice. There are no course prerequisites. However, prior enrollment or concurrent enrollment in UCC: Secured Transactions is suggested. The course grade will be based on a traditional final exam and possibly a midterm.

Business Planning (Dennis Doucette)
LWBC520

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

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 Practicum (Virginia C. Nelson)
LWLP565

3 credit(s), Standard Letter Graded
Requirement(s): Skills OR Writing
Concentration(s): Civil Litigation (JD)

Civil Practicum is a hands on, practical skills course designed to enhance student’s real life lawyering skills. Welcome to Practicum Law Group (PLG)! Using a model of ‘associates in training’ under the supervision of a senior partner, students will gain exposure and understanding from expert attorneys in five fields of law--Business, Wills and Trusts, Family, Employment and Personal Injury. Specific topics covered are client types, attorney skill sets required, compensation methods, go-to resources for the fields, different firm sizes, transactional vs. litigation practices, and networking and business development skills required. There will also be presentations for those students interested in public sector work, general counsel positions, lawyers in business and flex time opportunities.


Using one comprehensive hypothetical covering all fields throughout the semester, students will complete the following assignments: in class interview of prospective clients, interview memos to the senior partner, draft a term sheet, create a will, draft a complaint, conduct a meet and confer negotiation, write a motion to compel further discovery, argue the motion in the Fourth District Court of Appeal, and write a mediation brief. Completion of these assignments will assist students in developing the foundation for the figuring it out skills required in the practice of law.


The PLG ‘Associates’ will also learn about electronic records, e filing, ESI, best discovery practices, courtroom behavior from the judicial perspective, effective communication strategies, negotiation and depositions with skill building in class drills, mediations and the mediation privilege, mentors, early leadership and the importance of civility. Active class participation is required; 10% of the grade will be based on class participation. The remainder of the grading is based on the oral and written assignments. Additional guest lecturers with specific subject matter expertise will attend. Students who have taken Advanced Civil Litigation are ineligible to take this course. The course is limited to 18 students.

Civil Rights Theories Seminar (Roy L. Brooks)
LWPP521

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

Climate Change Law & Policy (Tim Duane)
LWEV503

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

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

This three-credit course divides into three parts.

Firstly, the course addresses an ongoing paradox concerning the place of foreign law on the U.S. legal scene against the background of globalization. While foreign circumstances are more present than ever in cases coming before U.S. appellate courts on account of increasing economic, political, and institutional interdependence on the world stage, there is strong resistance, cutting across conservative/liberal lines, on the part of many U.S. legislative assemblies, judges, and commentators to the practice of U.S. cross-references to foreign law. What must be the normative reach of foreign law in the United States? Arguments from constitutionalism and democracy are examples of the claims that will be canvassed.

Secondly, the course considers various interpretive challenges necessarily arising from any U.S. legal interaction with foreign law. How much understanding of foreign law must a U.S. lawmaker, judge, teacher, or lawyer achieve before advertence to it becomes legitimate? For example, how “cultural” must U.S. legal analysis of foreign law make itself in order to prove creditable? Can U.S. understanding of foreign law ever manage to avoid ethnocentric bias? Is the fact that foreign law exists in a foreign language an obstacle to meaningful U.S. knowledge? Are there methodological keys that can optimize the acquisition of foreign knowledge? Such questions will be approached from an interdisciplinary perspective.

Thirdly, the course investigates selected topics allowing for practical and in-depth familiarization with the difficulties and opportunities attendant upon the interplay between U.S. and foreign law. The treatment of privacy laws in Europe and in the United States and proof of foreign law in U.S. courts are two illustrations that will be examined.

This course is taught on an intensive basis during the first four weeks of the fall semester. Meetings take place on Tuesdays and Thursdays from 1:00 to 3:55 and on Fridays from 9:00 to 11:55. The course concludes with a “take-home” examination. No prior knowledge of foreign law or of a foreign language is expected.

Constitutional Law II (Michael D. Ramsey)
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.

Contract Drafting (formerly called Legal Drafting) (Elaine Edelman)
LWGC563

2 credit(s), Standard Letter Graded
Requirement(s): Writing OR Skills
Concentration(s): Business and Corporate Law (MSLS), 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 Contract/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.)

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)
Corequisite(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.

Corporate Innovation & Legal Policy (Orly Lobel)
LWIP528

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

What are the optimal policy ingredients and business strategies for managing innovation? How can business leaders, inventors, lawyers, and policymakers benefit from the connections between corporate success, intellectual property, and human capital? The course will introduce foundations of intellectual property law and employment and organizational practices. We will examine corporate policies and disputes over the control of ideas, secrets, skill and intellectual property. In particular, we will analyze non-compete contracts, trade secrets and non-disclosures, information privacy, economic espionage, employee duties of loyalty, including prohibitions on customer and co-worker solicitation and raiding for competitive endeavors; and employer ownership over inventions and artistic work, including pre-invention patent assignment agreements and work-for-hire disputes. In the past few years, the black box of innovation has been pierced with a plethora of new interdisciplinary research and practice. At the same time, industry and policymakers in the United States, like other countries around the world, are debating the benefits of existing EIP laws. In the course, we will bring together these various developments to identify how companies can sustain their innovative capacities, commercialize science, and manage creativity, and to assess how differences in regulatory and contractual arrangements in the employment relationship can impact key aspects of innovation, such as the rate of patent filings, the level of network participation in intellectual and creative endeavors, individual motivation to innovate, organizational behavior, and talent mobility.

Corporate Tax (Howard Abrams)
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).

Corporations (Lynne L. Dallas, Frank Partnoy)
LWBC545

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

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

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

Corrections & Sentencing (Alex Landon)
LWCR510

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

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): Employment and Labor Law (LLMG), Public Interest Law (JD), Employment and Labor 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.

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

Energy Law & Policy (Carrie A. Downey, Mike Tierney)
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).

Estate Planning Seminar (Adam Hirsch)
LWGC519

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

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 (Vibe Ulfbeck, Jens Schovsbo)
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.  There will be a final exam scheduled in November.

Evidence (Michael Devitt, Kevin Cole)
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.

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 focus of the course will be on U.S. federal government agencies, with some comparisons drawn to state institutions. 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) will be required. The final grade will consist of the following components: 1) final paper - 75%, 2) class participation – 25%.  This class starts Tuesday, September 6, and ends Tuesday, December 6, 2016.

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

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

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.

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 ( Staff)
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.

Health Care Reform (Mila Sohoni)
LWGC578

3 credit(s), Standard Letter Graded
Requirement(s): Writing
Concentration(s): Health Law (JD)

The past five years have seen a dramatic transformation of the health care policy landscape. Legislative and regulatory interventions in the health care market have had, and continue to have, enormous effects upon insurers, small businesses, doctors, and individual consumers. And they have also raised, and continue to raise, novel and critically important issues of constitutional law, administrative law, and legislative process. The goal of this course is to orient students to the broader implications for public law of the ongoing torrent of health care reform measures. This course will equip students both to understand these reforms as a practical matter and also to critically evaluate how health care reforms are faring as instruments of public law. The primary focus of the course will be on the Affordable Care Act and on the legislative, regulatory, and judicial responses to it. The final grade for the class will be based primarily on an approved-topic paper, satisfactory completion of which will satisfy the writing requirement for graduation. Class attendance and participation will also be considered.

Note: This course may be applied as part of the nine required credits for the Health Law Concentration (JD).
Additional Information:Health Law Concentration

Health Law & Bioethics (Dov Fox)
LWGC534

3 credit(s), Standard Letter Graded
Requirement(s): Writing
Concentration(s): Health Law (JD)

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.

Note: This course may be applied as part of the nine required credits for the Health Law Concentration (JD).
Additional Information:Health Law Concentration

Insurance Law (Michael B. Kelly)
LWGC525

3 credit(s), Standard Letter Graded
Prerequisite(s): Contracts

This survey course introduces the range of issues that surround insurance policies. The course emphasizes the business forces insurance companies confront and how those forces affect the drafting, interpretation, and regulation of policies. In addition to industry-wide issues, the course will address topics specific to several types of insurance, including property insurance, life insurance, liability insurance and reinsurance.

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 examination to be held in October.

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 Negotiation (Allen C. Snyder)
LWIC548

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

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

International Taxation (Dennis Lilly)
LWTE539

3 credit(s), Standard Letter Graded
Concentration(s): Taxation (MSLS), International Law (MSLS), Business and Corporate Law (MSLS), 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)
Prerequisite(s): Tax I

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.

International Trade & Investment (Ralph H. Folsom)
LWIC558

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

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 (Franco Simone)
LWLP535

3 credit(s), H/P/L/F Graded
Requirement(s): 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.

Jurisprudence (Roy L. Brooks)
LWJT530

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

There is more than one way of finding a solution to any given legal problem. Some judges search for answers syllogistically, sometimes exaggerating the transparency of text (legal formalism), while others purport to seek solutions through original meaning or close, logical readings of text (e.g., Justice Scalia’s textualism). Still other judges look for answers in the social ends of law, disciplined only by the judge’s personal sense of justice (legal realism) or by well-defined community needs (sociological jurisprudence) or by existing governmental or social arrangements (legal process). This seminar gives students an opportunity to study these judicial technical and to sharpen their understanding of case analysis. Beyond that, it also gives students an opportunity to explore out-of-the-box thinking about judicial decision making by studying “oppositional” theories of judicial decision making called “critical process.” Unlike “traditional process” (e.g., originalism), critical process seeks to vindicate the norms of “outsider” groups—minorities, women, and LGBT. What would a traditional legal doctrine like personal jurisdiction look like if the Supreme Court were to base its decisions on female norms? (Does the very notion of “female norms” essentialize women?) Brown v. Board of Education, our most important civil rights case, is usually classified under legal realism. How would that case have been decided had it been approached from the perspectives of other norms in traditional process—legal formalism, Scalian textualism, sociological jurisprudence, and legal process—or from critical process? The seminar meets one time each week during the semester. A paper is required. Successful completion of this course satisfies the written-work requirement.

Labor Law (Richard A. Paul)
LWLP545

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

This course offers an introduction to federal labor laws that effect organization, negotiation, collective bargaining relationships, and enforcement of negotiated labor agreements in the private sector. The course will examine National Labor Relations Board rules and procedures, federal court jurisdiction, labor arbitration, the rights of individual union members, and the increasing reach of NLRB rulings into non-unionized workforces. The course will also consider somewhat different issues of labor law and regulation in the public sector. This course will not consider other employment laws, employment litigation, or alternative dispute resolution procedures that are covered in other classes offered by the School of Law or the employee benefits class offered by the Graduate Tax Institute. This class requires no prerequisite course work.

Note: This course may be applied as part of the nine required credits for the Employment and Labor Law Concentration (JD).
Additional Information:Employment & Labor Law Concentration (JD)

Land Use Regulation (Tim Duane)
LWEV560

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)

Land Use Law is ubiquitous, affecting everything from local developments to large-scale federal infrastructure projects and public land and resource management. This course emphasizes the legal tools of land use planning and regulation under the Police Power that have been deployed by state and local governments. It also addresses Constitutional constraints on state and local regulation. Grades will be based on a midterm and final examination. 

Law Journal Editing and Research (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 Law Review, International Law Journal, and Journal of Climate and Energy Law. This course provides students with an understanding of editorial and publication processes through faculty supervised training. Topics include editing, editorial research, article selection, and other aspects of journal operations. The course is taught by a USD faculty member who meets regularly with students, provides them with specific and individualized feedback on their contributions, and provides guidance on journal operations. 

Students will be graded on the basis of class attendance and participation, and performance on class assignments and a final exam.  The final exam will be held on the last class date.

Legal & Constitutional Challenges in the Middle East (Iddo Porat)
LWIC563

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

The Middle East is in turmoil. The course will focus on the ways in which legal systems in the Middle East face the challenges of the region with a special focus on constitutional law. Several challenges are common to the different legal systems in the Middle East. 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 witnessed the downfall of regimes and the rise of new ones, a process usually accompanied by constitutional conventions, and sometimes, as in Egypt, by multiple constitutional conventions. Iraq is another example of rapid 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. Beyond attending class and reading the class materials, each student will be required to conduct a short research on the constitutional system of a particular country in the Middle East, or on a particular aspect of a countries' constitutional system, and present it in class during in the second half of the course. The presentation should highlight the main constitutional characteristics of the chosen country (history, text, judiciary.) Your final grade will be based on a final exam and on class presentations.

Legal Analysis of Constiutional Law II (Allison Simkin)
LWGC564

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

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 doctrinal subject matter covered in the substantive class which the course is paired, so concurrent enrollment in Constitutional Law II with Professor Ramsey is required.

This course is subject to limited enrollment. Please contact Law Student Affairs for more information.

Legal Analysis of Corporations ( Staff)
LWGC568

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

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 doctrinal subject matter covered in the substantive class which the course is paired, so concurrent enrollment in Corporations with Professor Dallas is required.

This course is subject to limited enrollment. Please contact Law Student Affairs for more information.

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

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

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 doctrinal subject matter covered in the substantive class which the course is paired, so concurrent enrollment in Criminal Procedure I with Professor Huffman is required.

This course is subject to limited enrollment. Please contact Law Student Affairs for more information.

Legal Analysis of Criminal Procedure ( Staff)
LWGC566

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

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 doctrinal subject matter covered in the substantive class which the course is paired, so concurrent enrollment in Criminal Procedure I with Professor Dripps is required.

This course is subject to limited enrollment. Please contact Law Student Affairs for more information.

Legal Writing & Research, LLMC ( Staff)
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.

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). Classes start on Tuesday, September 6 and end December 9, 2016.

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(s): Skills
Concentration(s): Employment and Labor Law (LLMG), Employment and Labor Law (JD), 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 (NCRC). 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. Students who complete the course are eligible to apply for an externship placement with NCRC.  The externship provides an opportunity to mediate actual cases filed with the San Diego County Small Claims Court. 

Note: There are limitations on concentration eligibility. Check the Civil Litigation Concentration (JD) and Employment and Labor Law Concentration (JD) web pages for more information.
Additional Information:Civil Litigation Concentration, Employment and Labor Law Concentration

Mergers & Acquisitions (Thomas A. Smith)
LWBC570

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 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(s): Writing
Concentration(s): International Law (MSLS), 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(s): Experiential OR Skills
Concentration(s): Business and Corporate Law (MSLS), Employment and Labor Law (LLMG), Business and Corporate Law (LLMC), LLM in Business and Corporate Law (LLMB), Employment and Labor Law (JD), 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: There are limitations on concentration eligibility. Check the Civil Litigation Concentration (JD) and Employment and Labor Law Concentration (JD) web pages for more information.
Additional Information:Civil Litigation Concentration, Employment and Labor Law Concentration

Negotiation (Gregg Relyea)
LWLP560

3 credit(s), H/P/L/F Graded
Requirement(s): Experiential OR Skills
Concentration(s): Business and Corporate Law (MSLS), Employment and Labor Law (LLMG), Business and Corporate Law (LLMC), LLM in Business and Corporate Law (LLMB), Employment and Labor Law (JD), 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: There are limitations on concentration eligibility. Check the Civil Litigation Concentration (JD) and Employment and Labor Law Concentration (JD) web pages for more information.
Additional Information:Civil Litigation Concentration, Employment and Labor Law Concentration

Non-Profit Law (Miranda Perry Fleischer)
LWTE562

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

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

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 at the PTO (Nancy Linck)
LWIP559

1 credit(s), Standard Letter Graded
Concentration(s): Intellectual Property Law (MSLS), Intellectual Property Law (LLMG), Intellectual Property (LLMC), Intellectual Property (JD)
Prerequisite(s): Patent Law or Intellectual Property Survey

Patent litigation before the Patent Trial and Appeal Board (“PTAB”) of the U.S. Patent and Trademark Office (USPTO) in the form of post-grant trials challenging the validity of issued patents, including post-grant review, inter partes review, and covered business methods, was established in the America Invents Act of 2011 (“AIA”). Since that time, more than 4000 petitions for review of issued patents through post-grant trials have been filed, and many of the cases have now made it through the appeal process at the Federal Circuit. Unlike ordinary litigation, because post-grant trials are at the USPTO, patent prosecutors are often directly involved. Additionally, the vast majority of post-grant trials are coupled with ongoing, parallel litigation in district court. For that reason, patent litigators and patent prosecutors must be intimately familiar with the law governing post-grant trials. Students who successfully complete the course will have an in-depth knowledge of the law and common fact patterns regarding post-grant trials. Students will also develop an in-depth knowledge of the Federal Rules of Evidence to the extent they are relevant to post-grant trials and an understanding how PTAB trials differ from those in federal court. The course is letter-graded and is based on a final examination and class participation. Intellectual Property Survey, Patent Law, or patent agent credentials or other study or work experience in patent law is a prerequisite. This class will be taught for 7 weeks.

Patent Litigation I (Michael Amon)
LWIP568

2 credit(s), H/P/L/F Graded
Requirement(s): Skills
Concentration(s): Intellectual Property Law (MSLS), 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. Grading will be based on written assignments, participation in classroom discussions, and participation in the various in-class exercises. 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

Phil Foundations of the US Constitution (Thomas A. Smith)
LWPP572

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

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

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

Remedies (Gail Heriot)
LWLP570

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

The Remedies course examines legal and equitable remedies under statutes and the common law: what can parties to litigation obtain from the courts? Courts have the power to grant temporary and permanent injunctions, damages calculated in various ways, and restitution. What can and should a party seek from a court in a particular case? What will a court grant, and on what doctrinal and factual basis? This course will particularly look at the public law aspect of remedies: remedies for constitutional violations, "structural" or institutional injunctions, constitutional limits on tort and other remedies, and the nature and limits of equitable remedies. There will be less emphasis on private law damages issues in contract and tort, such as calculating present value of future expectations, and liquidated damages, than in the 4-credit Remedies course offered in Spring.

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

Sex Equality (Lori Watson)
LWPP583

3 credit(s), Standard Letter Graded
Requirement(s): Writing
Concentration(s): Employment and Labor Law (LLMG)

This course will provide a comprehensive view of the law and philosophy of sex equality, constitutional and statutory, present and potential, focusing on the United States with selected comparative and international examples, aiming to equip students with a critical grasp of the concepts, information, analysis, and tools. The final grade for the class will be based primarily on an approved-topic paper, satisfactory completion of which will satisfy the writing requirement for graduation.

Tax Practice & Penalties (Ronson J. Shamoun)
LWTE574

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

This course will examine the range of penalties that must be considered when advising on transactional tax and tax controversy matters, and it will provide a thorough background for preparing opinion letters in an effort to prevent and defend against penalties. Both transactional tax advisers and tax controversy attorneys must have a comprehensive knowledge of these penalties in order to satisfy their professional obligations. Transactional tax advisers must consider penalties when structuring business deals and will need to reference them when preparing opinion letters. Tax controversy attorneys will need to understand and be able to adequately defend against the assessment of penalties to effectively represent their client in settlement and court proceedings.

In this class we will examine relevant statutes, regulations, and case law. The class will focus on substantive and procedural law and on practical legal strategies when confronted with these issues. We will examine the statutory, regulatory, and ethical standards governing those who practice in the tax field, including the applicability of Circular 230 and other state rules regulating an attorney’s professional conduct. There will be a few guest speakers throughout the course from various firms and agencies who will discuss the application of tax penalties to their practice and work along with examples of current cases they are working on. Nearly every class will touch on a tax practitioner’s ethical obligations as they pertain to Circular 230. In addition to the statutes and opinion letters, we will also be discussing methods of proof and defenses of penalties, which are crucial to successfully representing a client.

Taxation of Intellectual Property (John I. Forry)
LWTE572

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

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

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.

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(s): 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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