Academics: JD Program

The following is a list of class assignments for this term. If your class does not have an assignment, please contact your professor.

Updated: Monday, January 9, 5:00 PM

 

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Agency, Partnership & the LLC

Prof. Lee

Course Materials:

• Lee, Sole Proprietorships, Partnerships, & Limited Liability Companies (referred to as "Lee" below)
• Klein, Coffee & Partnoy, Business Organization and Finance, Legal and Economic Principles, 11th ed. (Foundation Press, 2010) ISBN 978-1-59941-449-2 (referred to as “KC&P” below)

Assignments for the First Week (Since I plan to discuss the Problems appearing in the text, please prepare to discuss them before coming to class):

• Monday, January 9th - KC&P, preface, pp. 1-6 and pp. 12-21; Lee, pp. 1-12
• Wednesday, January 11th - KC&P pp. 27-32; Lee, pp. 9-22

Note: The information in this posting and more appears on the TWEN page for this course.

Antitrust

Prof. Lee

Course Materials:

• Goetz & McChesney, Antitrust Law: Interpretation and Implementation, 4th ed. (2008)
  The authors maintain a website at http://www.gm-antitrustlaw.com/
  
• I recommend The Wall Street Journal (student subscription rate available through me)

Assignments for the First Day, January 4th:

• Prefaces to the 4th and 1st editions
• Pages 1-12
• Pages A-1 & A-2 (the text of the first two sections of the Sherman Act)

Note: The information in this posting and more appears on the TWEN page for this course.

Business Planning

Prof. Friedman

Pick up Handout Problem I ("Mod-Belt, Inc.") at the LRC 3rd floor. (Available January 4, 2011)

Read and be prepared to discuss:

• Chapter 1 ("Preliminary Considerations") of Friedman'sCorporations-2011 Edition
• Handout Problem No. 1 ("Mod-Belt, Inc."), Topic I Outline of Topics: "The Role of the Attorney" and the material referenced therein
  

California Civil Procedure

Prof. Heiser

Course Materials:

• Heiser, California Civil Procedure, 2nd ed. (LexisNexis 2005)
• Heiser, 2011 Supplement to California Civil Procedure (LexisNexis 2011) - available on-line, under the “Civil Procedure” category at: http://www.lexisnexis.com/lawschool/study/texts/

Assignments:

• Prior to the first class on Monday, Jan. 9, 2012, read pages 1-9, 18-26, 51-61, and 69 in the California Civil Procedure casebook, and pages 2-7 in the 2011 Supplement
• Prior to the second class on Wed., Jan. 11, read pages 75-94 and 101-106 in the casebook, and pages 10-18 in the 2011 Supplement

Civil Practicum

Prof. Wharton

• Pick up “Interviewing” and “Counseling” Handouts (in plastic tray outside GH 115)
• Read and review both handouts before the first class (this includes anyone on the wait list)
• You will not need to purchase any bookstore materials for this course; all materials will be available online or will be given to you during class

Note: On April 10, 2012 (Tuesday), all students are required to participate in a mandatory evening-long mock trial at the El Cajon Courthouse. Please clear that evening and confirm your availability during the first class.

Civil Procedure II, § A

Prof. Heiser

First Assignment for January 9:

Read pages 585-606, 606-616 in the Pleading and Procedure casebook. Also read Rules 7-11 and 12(b) of the Federal Rules of Civil Procedure, reproduced in the California Civil Procedure Handbook

Civil Procedure II

Prof. Brooks

Course Materials:

• New Casebook: Brooks, Civil Procedure: Cases and Materials for An Advanced Course
• Old: Federal Rules of Civil Procedure (any current edition)
  

First Day Assignment:

Read Chapter 1 in Casebook

Note: There have been several studies indicating that student learning in the classroom is greatly hampered by the use of computers. That has been my experience as well. For that reason, I do not allow students to use computers in the classroom. The traditional method of taking notes is the best method of assuring the quality of student engagement. I know this may not sit well with some tech-obsessed students, but I care most about your ability to comprehend complex material. No computers in class.

Complex Litigation

Prof. Schulman

Course Materials:

• Klonoff, Bilich & Malveaux, Class Actions and Other Multi-Party Litigation, 3rd ed. (West 2012)
• FRCP Rule 23 (see Text pp. lix-lxii)
  

Assignments:

• January 9 - Class Actions, Panacea or Engine of Destruction? Read Rule 23 F.R.Civ.P. (Text pp. lix-lxii); then read Text 1 – 17, 25-36
• January 11 - Threshold Requirements 37-52. Explicit Requirements -- Rule 23(a) 57; Numerosity 57-71 (notes 1-13)
  

Note: All students are required to register on my course page on TWEN prior to the first class. Course materials, including a course outline and the course syllabus with reading assignments are posted on TWEN. I use TWEN email to post handouts, study questions and communicate with the class about syllabus revisions, assignment changes, etc. Please read the Student Information Memo posted on TWEN prior to the first class.

Constitutional History

Prof. Rappaport

Please read the material under Roman Numeral I in the syllabus on the Twen Site for the course.

Note: Some of the material on the Twen Site may need to be downloaded rather than simply opened in order to be legible.

Constitutional Law I

Prof. Mike Ramsey

Course Materials:

Sullivan & Gunther, Constitutional Law, 17th ed. (Foundation Press 2010)

First Class Assignment:

• Read the text of the Constitution (Appendix A of the casebook)
• Find and read a brief historical account of the 1787-88 drafting and ratification of the Constitution
• Consider and be prepared to discuss the following: Why do we need a Constitution? What purposes does a constitutional system serve, as compared to a system of simple majority rule?

Note: Information regarding the course and the assignments is posted at the course webpage, www.mdramsey.com/index_files/Page453.htm (you can also reach this page by going to my website homepage, www.mdramsey.com, and following the link to “USD Courses” and then to “Constitutional Law I”). Please visit the webpage to download (a) the course syllabus; and (b) the reading assignments for Part 1 of the course.

Constitutional Law, Section C

Prof. Alexander

Class Assignment for Monday & Wednesday, January 9 & 11:

Read the Constitution (Choper, Fallon, et al, 11th ed., Appendix B).
Read Choper, Fallon, et al., 11th ed., pp. 1–29.

Contracts

Prof. Barry

Assignments:

Unit 1: Remedial Choices
In Randy Barnett, Contracts: Cases And Doctrine, 4th ed. (2008) (the "Casebook"), 14-15, 61-66, skim 66-70, 70-78 In Randy Barnett, Perspectives On Contract Law, 4th ed. (2008) (the “Perspectives Supplement”), 3-22 Key concepts: Understanding and getting comfortable with the different measures of damages for breach of contract, how they differ, and how to apply them to a fact pattern (i.e., calculate them)

Unit 2: Limitations on Damages – Foreseeability
Casebook 93-97, skim 97-104, 104-109, skim 109-112 Key concepts: Foreseeability as major limitation on damages, the rule on foreseeability, what a default rule is, and why the foreseeability rule might be a good default rule

Unit 3: Limitations on Damages – Certainty, Subjectivity and Emotional Disturbance
Casebook 112-18, skim 118-22, 125-131 Perspectives Supplement 22-37, skim 37-45 Second Restatement of Contracts § 353 (including comments) Key concepts: Certainty as major limitation on damages, when it tends to arise, implications for a non-breacher's choice of remedy, and the rules for recovery of damages for emotional distress

Note: It will probably take a little more than one class period to cover each Unit; I'll talk more about that in our first class on Tuesday.

Contracts

Prof. Kelly

The materials for the first assignment are available on my course webpage. I use The West Education Network (TWEN).

For Tuesday, you need to read a few short pieces in the Course Materials section. (in TWEN, Click on Course Materials near the left side of the page.):

• Problem 22: Why Didn’t I Think of That? – an old exam question
• Sample Answer 22: Why Didn’t I Think of That? (Disclosure: there are not 22 sample answers on the site, just the one.)
• First day Restatements – a citation to three sections of the Restatement (Second) of Contracts that may pertain to the problem. They should be hyperlinks that you can click on to read the sections on Westlaw. If the links don’t work, you can still search them on Westlaw.

In the folder labeled Answer Keys you will find two more items that may be of interest:

• Answer Key Warning Label – some notes about what the answer keys here do and don’t tell you
• Answer Key 22: Why Didn’t I Think of That?

Note: The last three are optional. The first two are essential. Be sure to read the warning label before reading any answer keys.

You may also find useful two essays in the Course Materials section: Introduction to Law School and Introduction to Contracts. Each originally were presentations given during orientation. You are well past orientation; you may or may not find my perspective useful to you at this point. These will not be part of the class discussion.

Have your clickers with you.

Copyright Law

Prof. Bell

First Assignment:

Optional reading, pages 3-42, Cohen, Loren, Okediji & O’Rourke, Copyright in a Global Information Economy.

There is no required reading.

Corporations

Prof. Dallas

Course Materials:

The “text” references are to A. Palmiter & F. Partnoy, Corporations: A Contemporary Approach (2010). “R” refers to the Dallas Reader available in the bookstore. “P” refers to recommended reading in A. Palmiter, Corporations Examples and Explanations, 6th ed. (2009).

First Week Assignments:

• Class 1 - Introduction to Corporation Law. Text 25-42, 57-66, 72-73, 86-93; P1-11. What are special characteristics of corporations? What are the shareholder options of exit, voice and loyalty? What are the competing conceptions of the corporation? What are securities? What is the internal affairs doctrine? What are “pseudo foreign” corporation laws? Does competition among states for corporate charters result in a “race to the top” or a “race to the bottom” or neither? What explains the preeminence of Delaware corporation law? Should the federal government determine the content of corporate law?
• Class 2 - Choice of Business Association: Corporate Characteristics. Text 141-57, 162; Choice of Bus Association Chart (R); P25-33. What are the default characteristics of corporations, general partnerships (GPs), limited partnerships (LPs), and limited liability companies (LLCs) concerning formation, the liability of owners, management and control, transferability of ownership interests, and continuity of life? What is an “inadvertent” partnership? What are the characteristics of limited liability partnerships ((LLPs) and limited liability limited partnerships (LLLP)?

Crime: The People, The Process

Prof. Berend

Before the first class meeting, read the syllabus, course description and ground rules, electronic device policy, and oath of professionalism on TWEN, and sign for the Resource Manual (ONLY if you intend to stay in the class) from Trang Pham in WH 109D. For the first class, read the above two items, §§ I through V, XVIII, and XIX in the Manual, and review the Procedural Stages in a Criminal Case chart (one page) in the Course Materials available from the bookstore (or from Trang if materials are not yet available).

NOTE: On Friday, January 13, from 1:00 p.m. to approximately 3:30 p.m. we will meet in Department 11 of the San Diego Superior Court downtown at 1:00 p.m. for an orientation to the felony arraignment department and then move on to the office of the Department of the Primary Public Defender for an orientation to that office. Court attire please. Completion of the paperwork for the background check for the PPD is required before that date.

If you have not already done so, immediately provide Trang Pham with your date of birth, social security number, and driver’s license number to begin the security clearance for the jail. Obtain, complete, and bring with you on January 13 the state bar practical training for law students available on line from the State Bar of California at http://www.calbar.ca.gov/state/calbar/calbar_home.jsp.

Immediately reserve the off campus and/or non-class time events noted on the syllabus on your calendar (some dates subject to change) and bring your
calendar to the first class.

Criminal Law, Section B

Prof. Alexander

Monday, January 9: Dressler, Understanding Criminal Law, 5th ed., Chapters 1–3.
Wednesday, January 11: Dressler, Chapters 4–6.

Criminal Procedure

Prof. Huffman

Required Text:

Kamisar, et al., Advanced Criminal Procedure, 12th ed., and 2011 supplement

First Assignment:

Please read the text, Pages 1-23 and pages 1117-1131

Estate Planning

Prof. Lilly

For the first class, the assignment is Chapter 1 in the casebook. Then we will do Chapter 3 on planning for the small estate, i.e. without transfer tax implications.

A projected syllabus/schedule will be posted shortly to our TWEN site.

Evidence

Prof. Devitt

Course Materials:

• Mueller & Kirkpatrick, Evidence Under the Rules, Text, Cases, and Problems, 7th ed. (referred to as "MK" below)
• Federal Rules of Evidence (referred to as "FRE" below)

January 9th, 2012

• Introduction to the Law of Evidence
• Course Objectives
• Overview of Course
• Grading and Examination Format
• Class Participation
• Mandatory Class Attendance
• The Adversary System; and the Necessity for Rules of Evidence
  • MK pp. 1-48
  • FRE 101-106, 110
• Problems: 1-A, 1-B
• Creativity in the Courtroom; Closing Argument Video Example

January 11th, 2012

• Direct and Cross-Examination, FRE 611
• Writing Used to Refresh Memor, FRE 612
• Cross-Examination on Witness Preparation Material
• Excluding Witnesses, FRE 615
• Competency of Witnesses, MK pp. 471-497, FRE 601-606
• Problems: 6-A, 6-B, 6-C, 6-D, 6-E, 6-F
  

Evidence

Prof. Dripps

Course Materials:

• Fisher, Evidence, 2nd ed. (henceforth “casebook” or “cb”)
• Federal Rules of Evidence (“FRE”)
• California Evidence Code (“CEC”). Any current copy of the rules is acceptable. They may be found online at:
  • http://www.law.cornell.edu/rules/fre/ and
  • http://www.leginfo.ca.gov/cgi-bin/calawquery?codesection=evid&codebody=&hits=20

Assignments:

• Mon. 1-9 FRE 401-403; CEC 210, 350, 351, 352; cb 1-61
• Wed. 1-11 FRE 407; CEC 1151 cb 610-107
• Mon. 1-16 We will not meet, in observance of the Martin Luther King Holiday
• Wed. 1-18 FRE 407-411; CEC 1152-1155; cb 107-135; FRE 4-5-405; cb 135-154

Evidence Advocacy

Prof. Berend

Course Materials:

• Edward Imwinkelried, Evidentiary Foundations, 7th ed. (LexisNexis 2008)
• David W. Miller, Federal & California Rules Of Evidence (2011)
• Prepared problems and case files are available in the bookstore

First Assignment for January 12:

Read the course description and ground rules, and review the “Objections” section and the “Common Legal Objections” section in the materials.

Note: Attendance at the first class for enrolled students is mandatory. Students on the waitlist interested in enrolling in either section should attend the first class and may enroll in their order on the waitlist as soon as space becomes available. Enrolled students intending to drop the class should do so by the end of the first week of classes.

Federal Courts

Prof. Steven Smith

For the first class, please read pp. 1052-53, and 1-18 in the casebook by Redish and Sherry.

Fundamentals of Bar Writing

Prof. Berent

First Class:

• Introductory lecture by Dean Emily Scivoletto
• Lecture by Prof. Berent - Overview of the components of the bar exam, with emphasis on writing components & proper formatting
• In-class Diagnostic Analytical Writing Exercise

International Commercial Arbitration

Prof. Page

Course Materials:

• Várady, Barceló & von Mehren, International Commercial Arbitration: A Transnational Perspective, 4th ed. (West 2009)(“CB”)
• Documents Supplement to International Commercial Arbitration: A Transnational Perspective, 4th ed. (West 2009) (“SUPP”)
• In addition, a fact pattern (“FP”) will be distributed containing questions to be discussed in class

Assignment for first week:

Please come to the first class session having read the introduction in the text pages 1-36 and 58-76.

International Intellectual Property

Prof. Lisa Ramsey

Course Materials:

• Graeme B. Dinwoodie, William O. Hennessey, Shira Perlmutter, & Graeme W. Austin, International Intellectual Property Law and Policy, 2nd ed. (2008)
• Intellectual property treaties and other international agreements relating to intellectual property are also required materials for the class. I will provide a link to the online materials on the TWEN website for the class

Assignment for first week:

• 1/10: Pages 1-28 of the casebook
• 1/12: Pages 31-60 of the casebook
  

International Sales

Prof. Lawrence

Reading assignment for the first class: Spanogle and Winship text: pages 1–20.

Law and Religion Seminar

Prof. Steven Smith

For the first class, please read pp. 620-30 of the casebook by McConnell, Garvey, and Berg. You might also read through the table of contents and start thinking of possible paper topics.

Law of American Democracy

Prof. Auerbach

Assignment for January 10th:

Please obtain the syllabus and the Dahl material referred to in the syllabus from my assistant Ms. Perla Bleisch in Warren Hall, room 218.

Lawyering Skills I, Sections 13A & 24D

Prof. Agcaoili

First Assignment:

• Shapo, Chp. 1, secs. I-III (review); Chp. 16, secs. I-II.C; Chp. 17, secs. I-II
• Sloan, Chps. 3 and 6 (review)
• Bluebook, pp. 121 (Rule 12.9.3)
  

Lawyering Skills I, Sections 14A & 19C

Prof. Pearl

First Assignment:

Shapo, Chapter16, Writing to the Court: An Introduction to Advocacy

Lawyering Skills I, Sections 15B and 23D

Prof. Potter

First Assignment:

• Shapo Chapter 1 pp. 10-13; Chapter 16 pp. 363-367; Chapter 17 pp. 377-383
• Sloan Chapters 3 and 6 (review)
• Bluebook p. 121 (Rule 12.9.3).

Lawyering Skills I, Sections 16B and 20C

Prof. Garewal

First Assignment:

Schmedemann, pp. 201-212
Review Sloan, Chapter 3 and Chapter 6
Bluebook, pp. 121 (Rule 12.9.3)

Lawyering Skills I, Sections 22C

Prof. Beresford

First Assignment:

Read Shapo Chapter 16 for the first day of class on January 13, 2012.

Legal Drafting

Prof. Edelman

First Reading Assignement

• Haggard, Contract Law From a Drafting Perspective--An Introduction to Contract Drafting for Law Students, read Introduction
• Haggard & Kuney, Legal Drafting: Process, Techniques, and Exercises, read pp. 2 - 30

Native American Law

Prof. McCurdy

Required Text:

Getches, et al., Cases & Materials On Federal Indian Law (West 2011); ISBN: 978-0-314-20037-2

Assignments:

• Class 1 - Setting the paradigm: The John Marshall Trilogy—a test of sovereignty
  • Casebook: Pages 1-6; 43-44; 59-64; Johnson v. McIntosh, 64-73; Cherokee Nation v. Ga., 105-111; Worcester v. Ga., 113-122
• Class 2 - Extension of Federal Power—the shield becomes a sword
  • Casebook: Page 153, Ex Parte Crow Dog, 153-58; U. S. v. Kagama, 158-160; U. S. v. Sandoval, 160-163; 165-176; Lone Wolf v. Hitchcock, 183-85; 185-1

Property

Prof. Bell

First Assignment:

Read pages 1-22 of Merrill & Smith, Property: Principles and Policies.

Property

Prof. McCurdy

Required Text:

Sprankling & Coletta, Property: A Contemporary Approach (West 2009), ISBN: 978-0-314-19104-5

Assignment 1: Casebook—pages 1-35

The first assignments contain materials that focus on property as a legal concept. These notions will by referenced throughout the course, and possibly your practice of law. Three cases will be examined in the first class. You are expected to brief the cases utilizing the format explained below, and be prepared to discuss in classes.

Pierson v. Post, pages 8-13.
White v. Samsung Electronics America, Inc., pages 15-23
Johnson v. McIntosh, 28-34.

Case Briefing Format

• State all aspects of the issue(s) before the court
• Identify and list arguments of the Plaintiff, including supporting principles
• Identify and list arguments of the Defendant, including supporting principles

Describe the basis of the court’s holding.

Assignment 2: Casebook—pages 34-69

Three cases appear in second assignment:

Moore v. Regents of the University of California, pages 36-45
Jacque v. Steenberg Homes, Inc., pages 49-55
State v. Shack, pages 57-63

Utilize case briefing method described above.

Property

Prof. Mary Jo Wiggins

Required Text:

Dukeminier & Krier, Property, 7th ed. (Wolters-Kluwer 2010)

First Week Assignment:

• January 9 - Read pp. 1-29
• January 11 - Read pp. 30-56 and the Cohen essay (distributed in class on 1/9); Do problems 1-4 on pp. 33-35

Remedies

Prof. Heriot

The assignment for first week of classes is to read pp. 1-52 in the text Modern American Remedies, Laycock 4th Edition.

Securities Regulation

Prof. McCloskey

Required Text:

• Coffee & Sale, Securities Regulation: Cases and Materials, 11th ed. (2009)
• Coffee & Sale, Federal Securities Laws: Selected Statutes, Rules and Forms (2010)
• Coffee & Sale, 2010 Supplement
  

First Week Assignment:

The Capital Markets: An Overview, pp. 1-53

Note: Please pick up a copy of the class syllabus in WH-218

Sports and the Law

Prof. Simon

Required Text:

Weiler, Roberts et al, Sports and the Law: Text, Cases, Problems, 4th ed. (Thomson-West) and Statutory and Documentary Supplement by the same authors.

Assignment for January 10th:

The powers of a league Commissioner – Text, pp. 1-15, and Supplement, pp. 56-61.

First Class, Exercise One:

• You and your friends want to form a Professional Lacrosse League
• Assume there is no such league in existence (I know, I know, there is one, but forget it)
• You each have $50,000 to invest, and you each want to own a team and have a city in mind to play in
• Get together, act like entrepreneurs and corporate lawyers, and identify the key terms of the business arrangement you will form to govern your new league
• Appoint someone the corporate secretary and write a few bullet points to reflect key terms

State and Local Government

Prof. Minan and Prof. Sansone

Required Text:

Mandelker et al., State and Local Government in a Federal System, 7th ed.

First Assignment:

Please read pages 1-57

Note: Should you be unable to get a copy of the text by the first class, please read the following cases:
Utah School Boards Association v. Utah Board of Education, 17 P.3d 1125 (Utah 2001) and Hunter v. City of Pittsburgh, 207 U.S. 161 (1907).

Any student having difficulty getting the text should contact Michael Goodridge, who is in charge of book ordering for the bookstore. He has advised us that he will assist in ordering an expedited copy of the text at no additional charge.

Tax I

Prof. Lilly

As they are wont to do probably too frequently, we have a new edition of the Casebook, now the 16th. As in the prior editions, the beginning of each section in the book assigns the relevant Code and Regulations sections which are the primary focus of our study.

For the first class, please read as background the Preface and all of Chapter 1, Parts B, E and F of the casebook and examine the very useful Income Tax Map chart that comes with the statute book.

We will start the substantive material on Thursday with Chapter 2, so you might go ahead and prepare it now, including a study of the relevant Code and Regulations provisions assigned in the chapter.

A projected syllabus/schedule will be posted to the TWEN site (which will be created shortly).

Tax II

Prof. Hoose

Required Text:

Lind, et. al., Fundamentals of Corporate Taxation, 7th ed. (Foundation Press)

First Assignment:

Read Chapter 1 (but just skim pp. 34-44), and also skim chapters 3 and 13

Tax Policy

Prof. Barry

Below please find links to the reading for our first class, which I’ve also made available on the TWEN site. We’re going to start our semester by talking about something current (ish)—Herman Cain’s proposed 9 9 9 tax plan. While you are of course welcome to do the reading in any order you like, I recommend that you read the ABC News article first, as it provides an overview of the plan and is shorter and more general than the Kleinbard article, which goes into much greater depth.

Edward D. Kleinbard, Herman Cain’s 9-9-9 Tax Plan, available at: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1941800
(Note: This website tends to come up better in Internet Explorer than Chrome or Firefox.)

Ben Forer & Jonathan Karl, ABC News, What Could Cain’s 9-9-9 Plan Mean for You?, available at:
http://abcnews.go.com/blogs/politics/2011/10/9-9-9-plan-would-almost-double-taxes-on-middle-class/

White Collar Crime

Adjunct Professors Eric Beste and Jason Forge

Required Text:

Jerold H. Israel, et al., White Collar Crime, Law and Practice, 3rd ed. (Thomson-West 2009)

First Assignment:

Read Chapter 3, cases only – pp. 50-53; 56-62; 66-71; 76-84

Note: Reading assignments, including the assignment for the first class, are set forth in the Syllabus. Class syllabus available in Perla Bleisch’s office located in WH-218.