Academics: J. D. Program

First Year Required

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CIVIL PROCEDURE I

3 credits
Civil Procedure is the study of procedural rules governing civil actions in state and federal courts. The topics studied throughout the year include selection of the proper court and place for litigation, jurisdiction over the parties, joinder of parties and claims, contents of pleadings, discovery, pre-trial motions, conduct of trials, and conflicts between state and federal judicial systems. Required for first-year day-division students.

CONTRACTS

4 credits
An introduction to legal reasoning and analytical skills through an investigation of how the law enforces agreements. Included are such topics as: the requirements for the formation of a contract; problems of interpretation; damages for breach; the statute of frauds; illegality; and problems which arise during the performance stage of a contract, such as the creation and failure of express and implied conditions, excuse through impossibility or frustration of purpose, and discharge. Article II of the Uniform Commercial Code is introduced and compared with the common law of contracts. Required for first-year students.

CRIMINAL LAW

4 credits
The purpose of criminal law, the development of the common law of crimes, the elements of the widely recognized criminal offenses, and the changes brought about by major statutes in connection with their effect on the present-day systems of criminal justice in the United States are explored in this course. Required for first-year students.

PROPERTY

4 credits
Consideration is given, in both a historical and modern sense, to the rights and obligations that arise out of the legal ownership of possessory and non-possessory interests, tangible, and to a limited extent, intangible, personal, and real property. Areas covered include estates in land, landlord-tenant, conveyancing, land development, public and private control of land use, non-possessory rights in land, bailments, lost and misplaced property, gifts, and an introduction to gratuitous transfers of realty. Required for first-year students.

TORTS

4 credits
An exploration of the principles involved in determining whether an injured person should be compensated for harm caused by another, including such diverse topics as intentional harms, negligence, and strict liability. Required for first-year students.

LAWYERING SKILLS I

2 credits
This course is offered in small sections with very low student-faculty ratios. Faculty carefully review each student's writing assignments and students are provided many opportunities to revise their work. Students do their research assignments at the Law School's state-of-the-art Legal Research Center. In addition, each student is trained on both the Westlaw and Lexis computer-assisted legal research systems. Students are also carefully trained in oral advocacy skills. After writing an appellate brief, each student delivers an oral argument based on the brief, first for the instructor and then before a panel of attorneys. Required for first-year students.

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Last Updated: 10-20-2008

Upper Class Required

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CIVIL PROCEDURE I (Henning)

3 credits
Civil Procedure is the study of procedural rules governing civil actions in state and federal courts. The topics studied throughout the year include selection of the proper court and place for litigation, jurisdiction over the parties, joinder of parties and claims, contents of pleadings, discovery, pre-trial motions, conduct of trials, and conflicts between state and federal judicial systems.

CONSTITUTIONAL LAW I (Claus)

4 credits
The study of the United States Constitution, stressing the theory and practice of judicial interpretation and review, the separation of federal powers, the relation of the states to the federal government, and specific powers of the federal government - in particular the tax, treaty, war and commercial powers. In addition, the course will discuss freedom of speech, takings, and contract clause issues.

PROFESSIONAL RESPONSIBILITY (D. McGowan, Penning)

3 credits
The roles of the lawyer in society and the obligations implied in those roles are examined. Topics include disciplinary standards and procedures, the history and organization of the legal profession; avoiding conflict of interest; obligations to clients, the courts, and society, and conflicts presented by the adversary system for settlements of disputes; and responsibilities of lawyers as public servants and citizens. American Bar standards will be reviewed. Required for upper-class students.

TAX I (Shue, Lilly)

3 credits
Tax I provides students with an understanding of the basic principles of federal income tax, including gross income, deductions, tax accounting, capital transactions, and income shifting. Required for upper-class students.

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Electives

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ADMINISTRATIVE LAW (Rappaport)

4 credits
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.

ADVANCED BUSINESS PLANNING (Shaw)

2 credits
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. Prerequisites: Tax I or its equivalent and Corporations or its equivalent (at the J.D. level). This is an advanced tax course with priority enrollment for LL.M. in Taxation students.

ADVANCED LEGAL WRITING (Sperow)                                                                    

1 credit

Advanced Legal Writing is a new one-unit course specifically designed to help students strengthen their fundamental legal writing skills. The class will help students master the skills needed to be a good legal writer, including:Selecting active and powerful word choices; Constructing paragraphs; Using proper grammar and punctuation; Creating a strong micro and macro legal structure; Developing thesis and conclusion sentences; Issue spotting; Extracting, formulating, and synthesizing rules of law; Crafting explicit factual comparisons; and Revising, editing and perfecting their work product.The class will also include workshops on “The Secrets of Successful Legal Writing Students” and “How to Ace Your Final & Bar Exam Essays.” Students will learn through lecture, in-class exercises, outside-class exercises, workshops, one-on-one TA and Professor sessions and practice. The class requires NO OUTSIDE RESEARCH. It will be graded HP, P, LP and F.  Students interested in taking this course need pre-approval from the professor.  Please e-mail jsperow@sandiego.edu if you are interested in taking this course.

ALTERNATIVE DISPUTE RESOLUTION (Schulman)

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

ANIMAL LAW (Henning)

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

ART LAW (Lazerow)

3 credits
Some legal problems of the art world encountered by artists, art middlemen, and museums. Some of the following topics will be considered: art in wartime, the international art trade, the artist's rights in works, artistic freedom, the collector's security, the tax collector, and the museum as trustee and entrepreneur. This course draws from doctrines in many fields, including contracts, property, torts, constitutional law, administrative law, tax, intellectual property, and international law. No prerequisites.

BUSINESS PLANNING (Friedman)

3 credits
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. Prerequisites: Tax I and Corporations.

BUSINESS SUCCESSION PLANNING (Mezzullo)

2 credits
Business Succession Planning for purposes of this course is planning for the orderly transfer of the management and the ownership of a business to new managers and new owners to avoid a liquidation of the business as well as unnecessary taxes and other expenses, and in a manner that carries out the family's nontax objectives.  The course will cover both tax and nontax issues that arise when establishing and implementing a business succession plan, as well as exit strategies when the business will not be passed down to younger generation family members.  Other professionals, such a bankers, appraisers, and family business consultants, will be invited to speak about issues relating to their areas of expertise. Prerequisites: Tax I & Trusts and Estates: Wills & Trusts. This is an advanced tax course with priority enrollment for LL.M. in Taxation students.

BUSINESS TRANSACTIONS IN THE PEOPLE'S REPUBLIC OF CHINA (Folsom) 

3 credits
A research paper seminar focused on the Chinese legal system and international business transactions with the PRC. Topics will include import/export transactions, international trade regulation, licensing, counterfeiting and intellectual property rights, foreign investment and business dispute settlement. A research paper will be required.

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CALIFORNIA CIVIL PROCEDURE (Heiser)

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

CHILD RIGHTS AND REMEDIES (Fellmeth)

3 credits
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.

CIVIL RIGHTS LAW & HISTORY (Heriot)

3 credits
This course will explore the history of civil rights from the 19th century to the present, particularly the legal history.  It will ask, for example, what the term “civil rights” meant to the 19th century thinkers, what it meant in the 20th century and what it means today.  The Reconstruction amendments to the Constitution will be discussed in depth as well as legislation like the New York Married Women’s Property Act of 1848, the Mississippi Black Code, the Reconstruction civil rights acts, The Civil Rights Act of 1957, The Civil Rights Act of 1964, The Voting Rights Act of 1965 and the Americans with Disabilities Act and cases interpreting them.  Failed efforts-like the proposed Equal Rights Amendment-will also be discussed.  Other non-legal historical reading will also be included.  This course will feature a final examination. 

CIVIL RIGHTS THEORIES SEMINAR (Brooks)                                                    

3 credits
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 (McAllister)

3 credits
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.

CONFLICT OF LAWS (Smith, S)

3 credits
This course examines laws applicable to cases that involve interstate and international elements. The central focus of the course is choice of law: what law applies to a dispute that involves parties or transactions from different states or nations. Other topics include recognition of foreign judgments, jurisdiction, and the full faith and credit clause of the United States Constitution.

CONSTITUTIONAL LAW II (M. McGowan, M. Ramsey)

3 credits
This courses covers the Fourteenth Amendment's equal protection and due process clauses. Specific topics include race discrimination (including school desegregation and affirmative action), gender discrimination, discrimination against gays and lesbians, voting rights, privacy (including abortion, sexual freedom, and the right to die), and property. A final exam is required. Prerequisite: Constitutional Law I

CONSTITUTIONAL RIGHTS, MORAL CONTROVERSY, AND THE SUPREME COURT (Perry)      

1 credit
In this course we will address some of the most contested questions arising under the U.S. Constitution, including abortion, physician-assisted suicide, and same-sex marriage.  We will also address the question of the proper role of the U.S. Supreme Court in resolving such constitutional-moral controversies.  Prerequisite: Constitutional Law I (Class meets for 3 weeks and ends on Thursday, September 10, 2009).

COUNTERTERRORISM AND THE LAW (Darby)

3 credits

This seminar, limited to 19 students, will focus on the legal aspects of U.S. responses to international terrorism.  It will endeavor to strike a balance between national security and civil liberties, discussing the implementation of federal legislative measures such as the USA Patriot Act and the Foreign Intelligence Surveillance Act.  Also analyzed will be the separation of powers issues raised by the suspension of the writ of habeas corpus.  Legality of the detention and interrogation of suspected terrorists will form an integral part of the course.  Reference will also be made to International Law (The Geneva Conventions) and Comparative Law (Israel’s response to terrorism).  A research paper is required.  Successful completion of the paper will fulfill the law school’s written work requirement.                             

CORPORATIONS (Dallas, Partnoy)

4 credits
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.

CORRECTIONS AND SENTENCING (Landon)

3 credits
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.

CRIMINAL PROCEDURE I (Huffman)

3 credits
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.

CRIMINAL PROCEDURE I (Dripps)

3 credit
This course explores constitutional limitations upon the investigation of crime under the fourth, fifth, sixth and fourteenth amendments.  Its focus is on the law governing searches, seizures, and police interrogation.  Topics include the nature of a fourth amendment search; arrest and investigative detention; warrants and exceptions to the warrant requirement; confessions; and the application of the exclusionary rules.

CRIMINAL TAX FRAUD (Carpenter)                       

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

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DEATH PENALTY (Cotsirilos)

2 credits
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. This is not a paper course.

EDUCATION LAW (Kemerer)

3 credits
This course examines the legal rights and responsibilities of administrators, teachers, parents, and students in public and private schools. Some attention also is given to post secondary education. Using California as a point of reference, the course focuses on federal and state law constituting the legal framework within which education is delivered. Through study of constitutional provisions, statutes, and judicial decisions, students review such topics as parent rights and responsibilities, school choice through charter schools and voucher programs, teacher and student rights, unions and collective bargaining, school finance issues, special education, personnel decision making, religion on campus, student discipline and due process, privacy rights, search and seizure, race and gender isolation and discrimination, and legal liability. The broader public policy dimensions underlying both the development of education law and the operation of schools and colleges are addressed. In addition to a course packet of edited cases and selected California statutes, students will read California School Law and its web-based updates coauthored by the instructor and published by Stanford University Press. Note: Students who enroll in this course will be particularly well prepared for Law and Politics of Educational Policy Development co-taught by the instructor during the Spring 2010 semester. This course encompasses field-based visits to the Bay Area and Sacramento to interact with key figures involved in state educational policy development.

EMPLOYMENT LAW (Lobel)

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

ENERGY LAW AND POLICY (Downey/Sullivan)

3 credits
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. For more information, see the Energy Policy Initiatives Center Web site.

ENTERPRISE, PRODUCTS AND NO-FAULT LIABILITY (Ursin)

3 credits
For the past half-century, tort law has been one of the most dynamic areas of American law. Beginning in the 1960's, landmark judicial decisions, many from California, sparked a strict products liability "revolution" and a reshaping of the contours of negligence law. And in the 1970's a number of state legislatures enacted automobile no-fault plans supplanting "tort". This dynamism continues today with the American Law Institute's highly controversial Restatement (Third) of Torts and renewed initiatives for no-fault alternatives to tort (as well as the September 11th Victims' Compensation Fund). This course examines these developments from the perspective of the theoretical viewpoints and political forces that influenced the judicial decisions and legislative initiatives that have reshaped and continue to reshape American personal injury. Students should not enroll in Enterprise, Products and No-Fault Liability and Judicial Lawmaking in the same semester.

ERISA & EMPLOYEE BENEFIT PLANS (Wolds)

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

EUROPEAN LEGAL CULTURES (Legrand)                                                                

2 credits
This course begins with an exploration and critique of the field known as “comparative law”, with special reference to the assumptions informing the comparison of laws in an age of globalization. By way of case-study, the course then focuses on French law (no knowledge of the language is assumed or necessary)and examines the way in which French judges, lawyers, and academics think about the law and about the role of law in society.In this regard, the basic goal is to equip the US lawyer with a grasp of what can sometimes be surprisingly different sets of cognitive assumptions and, through this familiarization, to facilitate eventual interaction on the international legal and business scene. Aspects of English, German, and Italian law are also addressed. Although reference is made to historical, philosophical, sociological, anthropological, and literary data, no prior acquaintance with interdisciplinary studies is expected or required. This class meets for 5 weeks.

EUORPEAN UNION COMMERICAL LAW (Schovsbo, Ulfbeck)

1 credit

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 a “EU commercial law”. However, due to the ongoing harmonization of the law of the EU countries a body of truly common European law is emerging from the melting pot of the national laws and traditions and EU institutions and courts. The course draws on the results of 30 years of continued and ongoing EU harmonization to provide US law students with an overview of some of the central aspects of European commercial law. The course focuses on the practical legal problems facing an American enterprise doing business in Europe but at the same time provides for a basic understanding of the EU legal framework. After a brief general introduction to EU law the course falls in two parts. Part I deals with the transfer of goods and covers such topics as general contract law (PECL Principles of European Contract Law), the EC directive on Unfair Contract Terms, the EC directive on Products Liability and central liability rules related to the transportation of goods. Part II deals with the trade in intangible rights notably patents and trademarks. This part opens with a general presentation of the European systems for the protection of inventions and trademarks. It then moves on to discuss aspects relating to the exercise of those rights in regard to the Treaty rules on the free movement of goods (“parallel importation” and the principle of “exhaustion of rights”) and to tech-trans agreements and other issues involving competition law.  The course requires no prior knowledge of European law. This class will have a final examination. (Class meets from October 6 – 22, 2009.)

EVIDENCE (Devitt, Dripps, Mackay)

4 credits
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.

FEDERAL TAX PROCEDURE (Gidlund/Crosby)

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

FEDERAL ESTATE & GIFT TAXATION (Formerly Federal Taxation of Wealth Transfers) (McCouch)

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

FINANCE AND ACCOUNTING FOR LAWYERS (Brinig)

2 credits
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. Registration is limited to those with no more than 6 undergraduate credits in finance and/or accounting.

HIGH TECHNOLOGY START-UPS (Formerly Structuring Entrepreneurial Transactions) (Smith, T.)

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

INTELLECTUAL PROPERTY SURVEY (Ramsey, L.)

4 credits
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 or students who seek only a general understanding of intellectual property law. The grade will be based on a final examination.

INTELLECTUAL PROPERTY & ANTITRUST (McGowan, D)

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

INTERNATIONAL BUSINESS ETHICS (Forry)

1 credit
International businesses and other investors face increasing standards and challenges regarding ethical behavior, whether under anti-bribery and anti-money laundering and related rules, mandatory and voluntary corporate governance standards, requirements for legal and tax transparency and the rule of law to permit cross-border finance and investment, or adaptation to systems of morality for Islamic finance and other cross-cultural investment.  This course focuses on examples of such standards and challenges under US and selected foreign countries’ rules and practices. 
In the final session of the course, students work in small teams to address a brief case study raising many of the matters covered in the course.  In addition, each student’s course grade may be increased (but not decreased) based upon classroom performance by one grade level (e.g., from B to B+). One or more previous courses in international business law are recommended, but not required. Class meets for 5 sessions: 8-28, 10-9, 10-16, 10-23 & 11-6-2009

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INTERNATIONAL HUMAN RIGHTS (Perry)

3 credits
This course will introduce students to the international law of human rights and to the principal institutions and processes designed to protect those rights. The course will also address various moral and political issues that arise in the context of international human rights, such as: What is the relationship between religion and human rights? Does the international law of human rights unjustifiably favor “western” over “non-western” perspectives? When is humanitarian intervention a justified response to mass atrocity?

INTERNATIONAL TRADE and INVESTMENT LAW(Folsom)

3 credits
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 AND COUNSELING (Snyder, A)

3 credits
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. Lawyering Skills II or Practicum is highly recommended, but not required. Enrollment is limited; attendance at first class meeting is mandatory. The course is graded on a 4-tier Pass-Fail basis.

INTRODUCTION TO UNITED STATES LAW (Devitt)

2 credits
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. This course is for LLMC students only.

JUDICIAL LAWMAKING (Ursin)

3 credits
Judicial Lawmaking examines the lawmaking role of courts. Although the principal concern is the common law (torts), attention is also given to constitutional law - and the influence that constitutional law (Lochner, Brown v. Board of Education, Roe v. Wade) developments have had on attitudes toward judicial lawmaking generally. A primary focus is the conception of judicial lawmaking embraced - and expressly articulated - by the great judges who have shaped, and continue to shape, American law: Chief Judge Lemuel Shaw, Justice Oliver Wendell Holmes, Justice Roger Traynor, and Judge Richard Posner. The views of these judges are placed in the context of the law and legal scholarship (tort, constitutional, and jurisprudential) of their respective eras. The materials thus span the formative era of American law (the Shaw era 1830-1860), the seminal Lochner era, the Traynor era, and conclude by examining the contemporary tort scene and the recent jurisprudential writings of Judge Posner. Students should not enroll in Judicial Lawmaking and Enterprise, Products and No-Fault Liability in the same semester. This course has a paper/exam option.

LAW AND ECONOMICS (Wonnell)

3 credits
This course introduces the student to the burgeoning field of legal thought on the intersection of law and economics. It analyzes a wide variety of legal institutions, including property, contract, tort, criminal law, corporate law, and antitrust, from the perspective of the incentive structures that are created by these institutions. In that sense, economic analysis is a value-neutral scientific exploration of cause and effect. However, we will also use economics to ask important normative questions about the legal fields we study. Do the legal rules in these areas result in activity that is privately profitable but socially wasteful? Would alternative legal rules more efficiently coordinate private activity in the service of the public good? There are no prerequisites for this course. All students enrolled in this class must take the final exam. Students can also complete a paper (along with taking the final exam) that will fulfill the written work requirement.

 

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LAW OF THE SEA (Vargas)

2 credits
Instruction concentrates on the origins and development of the legal regime applicable to the uses and resources of the oceans. Special consideration is given to the formulation and codification process of this dynamic branch of public international law, in particular the work and final outcome of the Third United Nations Conference on the Law of the Sea. Topics for analysis also will include fishing activities, maritime delimitation, pollution, marine scientific research, and U.S. policy regarding law of the sea matters. A research paper will be required.

LAWYERING SKILLS II (Player)

3 credits
Students receive training in a variety of legal skills, including interviewing, counseling, negotiating, drafting memos, discovery, and trial advocacy. The course is specifically designed to follow-up on and expand the skills introduced to the student in Lawyering Skills I. 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. Four-tier Pass/Fail grading. Prerequisite: Evidence Note: This course is a prerequisite for some live-client clinic courses.

LAWYERING SKILLS - LLMC (Morsek)

1 credit
This course is offered in small sections with very low student-faculty ratios. Faculty carefully review each student's writing assignments and students are provided many opportunities to revise their work. Students do their research assignments at the Law School's state-of-the-art Legal Research Center. This course is open to students in the LLM in Comparative Law for Foreign Lawyers program.

LEGAL ANALYSIS OF CIVIL PROCEDURE (McCloud)

1 credit

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

LEGAL ANALYSIS OF CRIMINAL PROCEDURE (Sperow)

1 credit

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

LEGAL ANALYSIS OF EVIDENCE (Taylor)

1 credit

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

LEGISLATION (McGowan, M)

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

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MEDIATION SKILLS (C. Wiggins)

1 credit   

Mediation is a process by which a trained and impartial third party helps others resolve a dispute. Lawyers use mediation extensively, both as advocates and as neutrals. This course consists of a twenty-four hour basic mediation skills training. Participants will learn to mediate a variety of disputes, using the methodology developed by San Diego's National Conflict Resolution Center. They will receive a certificate of participation upon their successful completion of the training.

Participants must commit to attending each of the training sessions as a condition of enrollment. Enrollment is limited to 24 participants. Completion of Mediation Skills is a prerequisite to selection for enrollment in the Mediation Internship.

MERGERS AND ACQUISITIONS (Smith, T.)

3 credits
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. Corporations is a prerequisite. Students with substantial background in related areas may take Corporations concurrently, with permission. There will be a final exam in the class.

MEXICAN LAW (Vargas)

3 credits
Designed to give students the basic elements of the Mexican legal system, this course underlines the differences and similarities between the U.S. legal system and Mexico's civil law system. Particular attention will be given to the examination of certain Mexican law branches, such as civil, constitutional and "amparo," and corporations. Some reference will be made to the Mexican court system, its legal history, legal education, and legal profession. Current legal questions between U.S. and Mexico will also be covered. A research paper is required.

NEGOTIATION (Relyea)

3 credits
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. This class will be graded on the four-tier system- High Pass, Pass, Low Pass, Fail. Students are limited to one negotiations-related course during their time at USD.

NEGOTIATION (Smith, N)

3 credits
A simulation course offering advanced training in the theory and practice of negotiating. Simulated negotiations of increasing complexity are carried on outside the classroom. Students are introduced to contrasting negotiation contexts, such as family and criminal law practice. Students maintain a journal over the semester. Emphasis is placed on the unique ethical issues attending negotiations. Lawyering Skills II course is recommended. Enrollment is limited. The course is graded on a 4-tier Pass/Fail basis. Students are limited to one negotiations-related course during their time at USD.

PARTNERSHIP TAX (Burke)            

3 credits
This course considers the federal tax consequences of entity classification of partnership and limited liability companies; formation of a partnership; basis of partnership interests and assets; effect of liabilities on basis; allocation of income and deductions; partnership elections; continuation, merger, and termination of partnerships; family partnerships; sales and exchanges of partnership interests; liquidating and non-liquidating distributions; retiring partners; and pertinent policy considerations. Tax I is a prerequisite. This is an advanced tax course with priority enrollment for LL.M. in Taxation students.

PATENT LAW (Reisman/Morley)

2 credits
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.

PATENT LAW (Sichelman)

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

PATENT LITIGATION (Rosen/Miller)

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

PUBLIC INTEREST LAW AND PRACTICE (Fellmeth, R.)

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.

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PUBLIC LAND & NATURAL RESOURCE LAW (McAllister)

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

REAL ESTATE TRANSACTIONS (Horning)

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

RELIGION AND THE CONSTITUTION (Smith, S)

3 credits
The First Amendment appears to single "religion" out for special constitutional status, but just what "religion" is and how and why it deserves special legal treatment are questions that have vexed citizens and courts from the nation's beginning. This seminar will consider these questions in their legal, historical, and theoretical dimensions. The seminar will favor class discussion of issues and materials, and students will be expected to prepare and present a paper on an issue of their choice related to the subject of the seminar.

REMEDIES (Kelly)

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

SECURITIES REGULATION (Krause)

3 credits
The Securities Regulation class will include an overview of the capital markets and the underwriting process, the structure and prohibitions of the Securities Act, the registration process, the definitions of security and exempted securities, the private and limited offering exemptions, offerings by underwriters, affiliates and dealers, civil liability under the Securities Act, fraud in connection with a purchase or sale of a Security, and general civil liability provisions. Prerequisite: Corporations must be taken prior to or concurrently with this course.

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TAX II (Burke)

3 credits
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. Prerequisite: Tax I (Basic Federal Income Tax).

TAXATION OF ANTI-MONEY LAUNDERING: TAX ASPECTS OF ANTI-MONEY LAUNDERING and ASSET FORFEITURE (Horowitz)

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

TAXATION OF INTERNATIONAL FINANCE (Forry)

2 credits
This course derives—from alternative approaches to capital investment neutrality and governmental benefits—the competing national bases for income, asset transfer and value added taxation of cross-border activities. The current importance of transfer pricing among related parties and the mitigation of multiple national taxation by unilateral national measures, tax treaties and EU directives are discussed and illustrated by examples. The course then applies these key tax concepts in structuring cross-border financing, including international project finance, securitization, capital markets equity and debt financing, and the use of international investment funds. Prerequisite: Tax I or Corporate Finance. This is an advanced tax course with priority enrollment for LL.M. in Taxation students. Class meets August 28-29, October 9-10, October 16-17, October 23-24 & November 6-7.

TAXATION OF PROPERTY TRANSACTIONS (Jelsma)

2 credits
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. Prerequisites: JD students must have taken Tax I prior to enrollment in this course. Co-requisites: LLM students - Tax I is required, but you may take it concurrently with this course.

TAXATION ON INTERNATIONAL TRANSACTIONS (Lazerow)

3 credits
U.S. income tax on typical international business will be studied through planning two complicated transactions. One is a U.S. corporation wishing to do business in France and Britain; the other a European company wanting to enter the U.S. market. In advising these companies, students will consider domiciliary and source taxation of manufacturing and sales, licensing and technical assistance agreements, sales through distributors, and the impact of tax treaties on domestic tax law.

TAX RESEARCH AND COMMUNICATIONS (Keiser)

3 credits
This course involves an intensive examination of federal tax research techniques, including locating and evaluating legislative history, administrative authorities,and judicial decisions with attention to comparative weights and relationships among various authorities. Students are required to conduct various research and validation tasks, and to prepare complex tax documents, such as, ruling requests, protests, opinion letters, memoranda of law, and Tax Court petitions. Enrollment is limited to 12 students (no J.D.s) with priority to 1) December graduates and 2) full-time students. This course is restricted to LLM students only.

TAX RESEARCH AND COMMUNICATIONS (Bauman)

3 credits
This course involves an intensive examination of federal tax research techniques, including an evaluation of legislative history and administrative authorities. Students are required to research and prepare complex tax documents such as protests, opinion letters, memoranda of law, and Tax Court petitions. The course may not be counted toward the LL.M. if the candidate elects to write a thesis. Enrollment is limited to 12 students (no J.D.s) with priority to 1) December graduates and 2) full-time students. This course is restricted to LLM students only.

TECH TRANSFERS LEGAL PRACTICE — THE LAW AND PRACTICE OF TECHNOLOGY TRANSFERS: IP TRANSACTIONS (Eisner)

2 credits
The distribution of goods and the provision of services in the global economy – and hence the production of revenue – frequently involves technology transfer.  A grasp of the law of technology transfers, and the application of that law into practice are essential tools of a practicing business lawyer.  This course will focus on the law and practice of development and exploitation of proprietary technology as well as the commercialization of that technology through the manufacture and distribution of products and provision of services.  We will review the intellectual property law underpinnings of a technology transfer practice, including copyrights, patents, trade secrets and know-how, and trademarks, and then focus on how technology transfer agreements differ depending on the underlying intellectual property rights.  We will review the basic building blocks of intellectual property agreements, and then together write software license agreements, patent license agreements, independent contractor agreements and terms and conditions of sale.  Drafting skills will be developed using both lecture and practical training methods (hypothetical business scenarios coupled with drafting exercises based on those scenarios). This course will be practical in its orientation, with an emphasis on drafting documents customarily encountered by lawyers practicing in the technology transfer space. Prerequisite: One of the following courses; Copyright Law, Intellectual Property Survey, Patent Law or Trademark Law. 

TOPICS IN INSURANCE LAW (Kaufman)

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

TRADEMARK LAW (Ramsey, L)

3 credits
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.  The grade will be based on a final examination.

TRUSTS AND ESTATES: COMMUNITY PROPERTY (Wesley)

2 or 3 credits
In this course the non-tax aspects of estate planning are integrated, combining wills, trusts, future interests, and community property. Methods of family wealth transfer in both community property and non-community property jurisdictions are considered, including: inter vivos gifts, wills, trusts, intestate succession and will substitutes. Fiduciary administration; class gifts; powers of appointment; the rule against perpetuities; charitable trusts; classification, control and management of community property; and the distribution of property on dissolution of the community are studied.

TRUSTS AND ESTATES: WILLS & TRUSTS (McCouch)

4 credits
This survey course provides an introduction to non-tax aspects of estate planning and the law of gratuitous transfers, including inter vivos gifts, intestate succession, wills, will substitutes, trusts, fiduciary administration, and future interests.

TRUSTS AND ESTATES: WILLS & TRUSTS (Lilly)

3 credits
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.

UNIFORM COMMERCIAL CODE: SALES (Lawrence)

3 credits
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.

UNIFORM COMMERCIAL CODE: SECURED TRANSACTIONS (Lawrence)

3 credits
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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Clinics, Internships & Externships

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Child Advocacy Clinic: Policy I

(1-3 credits)

Child Advocacy Clinic: Policy II

(1-3 credits)

Child Advocacy Clinic: Delinquency I

(4 credits)

Child Advocacy Clinic: Delinquency II

(1-4 credits)

Child Advocacy Clinic: Dependency I

(4 credits)

Child Advocacy Clinic: Dependency II

(1-4 credits)

As Arranged
Fellmeth, R.
Child Advocacy Clinic is available for students who are taking or have completed Child Rights and Remedies. Clinic student have three options:

• Students participating in the Dependency Section work with an assigned attorney from the San Diego Office of the Public Defender representing abused children in dependency court proceedings. Interns working in the Dependency Section must become certified by the State Bar, submit fingerprints for a background check, and have a valid California driver's license, current California auto registration, and current auto insurance. Dependency Section interns must clear their class schedules such that they have two full days per week to work at the Public Defender's Office. Also, students must have completed or be enrolled in Evidence and Civil Procedure (in addition to Child Rights and Remedies) in order to participate in the Dependency Section. Dependency Section interns meet as a group once a week for one hour to discuss their work and to review current issues in child advocacy. A Dependency I internship is worth four units; a Dependency II internship may be taken for 1-4 units.
• Students participating in the Delinquency Section work with an assigned attorney from the San Diego Office of the Public Defender representing juveniles in delinquency court proceedings. Interns working in the Delinquency Section must become certified by the State Bar, submit fingerprints for a background check, and have a valid California driver's license, current California auto registration, and current auto insurance. Delinquency Section interns must clear their class schedules such that they have two full days per week to work at the Public Defender's Office. Also, students must have completed or be enrolled in Evidence and Civil Procedure (in addition to Child Rights and Remedies) in order to participate in the Delinquency Section. Delinquency Section interns meet as a group once a week for one hour to discuss their work and to review current issues in child advocacy.
• Students participating in the Policy Section work with CAI staff on projects relating to legislative and regulatory advocacy, impact litigation, or other types of advocacy. Interns may be assigned to participate in policy research and analysis of current applications of law and regulations as they affect children. A Policy Section internship may be taken for 1-3 units.

Students who wish to take the Dependency, Delinquency, or Policy component of the Child Advocacy Clinic must submit a questionnaire and obtain a permission slip from Professor Robert Fellmeth or Elisa Weichel before preregistering for the course. Their offices are located in the CPIL/CAI offices (through the rear door of the Legal Research Center). Slots in the clinic are limited.

Legal Clinics Class Offerings

Clinics include a classroom component as well as interactions with clients.  Clinic applications are available online, in the Registrar’s office and at the Legal Clinics offices at Barcelona (BA), Room 305.  Prerequisites vary, so read the descriptions carefully. Students are limited to taking only one clinic or judicial/agency internship at a time. All courses require an interview with the professor and signed approval to enroll. Please check the law school class schedule for information on units, times and locations of clinic classes. Contact Donna Schultz, 619-260-7470, if you have any questions about the enrollment process. Enrollment is limited, and some clinics fill quickly.

Appellate Clinic (Devitt/Mangan) 2 credits each semester – year long clinic

The Appellate Clinic provides students the opportunity to litigate an appeal in the Ninth Circuit Court of Appeals.  This is a year-long clinic in which teams of students will handle an appeal from start to finish.  During the fall semester, students will write an opening brief, and in the spring semester they will write a reply brief and participate in oral argument. 

Students will attend a one-hour weekly seminar on the appellate process, written and oral advocacy, persuasion, and relevant legal issues.  The seminars will help students develop the skills they need to be effective advocates through exercises, readings, and other activities that correspond to their cases.   From time to time, the class sessions will feature guest speakers such as federal judges and experts in the substantive law of the cases.

Professor Mangan and Professor Devitt will mentor each group through weekly meetings.  These meetings will provide a forum for strategy discussions, revising the briefs, and preparing for oral argument. Prerequisites: Students must have completed or take concurrently with the Appellate Clinic the following courses:  Civil Procedure, Evidence, Professional Responsibility, and Criminal Procedure I. This clinic is open only to third-year law students.

Civil Clinic I (Snyder/Gruber) 3-4 credits
Civil Clinic II: (Snyder/Gruber) 2-4 credits

Students interview, counsel and represent clients at Superior Court or in administrative hearings in a wide variety of cases under the supervision of an attorney. Students draft pleadings and correspondence, as well as confer and negotiate with opposing counsel/parties.  Weekly group meetings are combined with individual case conferences to provide intensive personal training in litigation techniques, problem solving and case management. Students also learn general civil litigation practice and procedures.  Prerequisites: Civil Procedure, Evidence and either Practicum or Lawyering Skills II.   

Criminal Clinic I (Ramirez) 4 credits
Criminal Clinic II 2-6 credits

This is a clinical course that places students with a prosecuting or defending trial agency in the criminal justice system. Criminal Clinic I has a two-hour per week classroom component that provides simulations, lectures and discussions in the most common areas of criminal practice.  Prerequisites:  Evidence, Criminal Law, Criminal Procedure I, and Lawyering Skills II.  Recommended but not required: Criminal Procedure II. Important Note: Criminal Clinic has a different registration deadline. Please contact Professor Ramirez for information on deadlines and additional registration materials.

Entrepreneurship Clinic I and II (Matias) 2-4 credits

Through hands-on opportunities, students in the Entrepreneurship Clinic provide pro bono legal services to low- and moderate-income entrepreneurs who want to start or expand their small businesses. The Entrepreneurship Clinic does not engage in litigation-related services; instead, it focuses on advising clients on legal matters relating to starting their business and assisting in drafting and filing necessary documents. Such work includes: determining the appropriate choice of business entity, assistance in obtaining necessary permits and licenses, advising on employment and independent contractor issues, drafting and reviewing commercial contracts and leases, and assisting with the establishment of tax-exempt organizations.  No prerequisites.

Environmental Clinic I (Wharton) 2-4 credits
Environmental Clinic II 1-5 credits

This is a clinical course for students who wish to develop litigation skills in the context of environmental law.  All work is performed under the direct supervision of the director of the Environmental Law Clinic.  This clinic focuses on impact litigation. There is a two-hour per week classroom component, as well as a regular meeting with the director of the Environmental Law Clinic.  Prerequisite:  Environmental Law, which may be taken concurrently.

Federal Tax Clinic (Carpenter) 4 credits

This is a hands-on clinical course for students who wish to develop tax controversy skills. Students working under the supervision of the Tax Clinic supervising attorney will represent low income taxpayers in resolving their tax disputes with the IRS. Students will learn client interviewing skills, how to interact with IRS personnel, and how to effectively resolve a client’s federal tax dispute. Students must also be available to participate in Tax Clinic Outreach presentations at various community locations and times.   Prerequisite: Tax I.

Immigration Clinic I and II (Bejar) 2-4 credits

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

Land Use Clinic I and II (Quinn) 2-4 credits

The Land Use Clinic provides students with the opportunity to become involved in land use and land development issues.  Students are placed with government agencies, elected officials or attorneys in private practice.  Most placements are with the City of San Diego and include the City Attorney’s Office, the Mayor’s Office, and City Council offices.  Students work under the supervision of an attorney.  Student work usually focuses on local issues including the procedures for siting cell phone towers, the regulation of adult entertainment and cardrooms, reviewing environmental documents, attending community meetings and issues involving affordable housing. The weekly two-hour classroom component covers the basic statutory and regulatory framework of land use law and procedures.  In addition to the class students are required to attend one local community planning group meeting. No prerequisites.

Landlord Tenant Clinic I & II (Gruber) 2-4 credits

Students interview, counsel, and represent clients in Superior Court unlawful detainer trials, in administrative hearings involving federally subsidized Section 8 termination proceedings, in Superior Court involving Writs of Administrative Mandamus, and in the Appellate Department of the Superior Court and the Fourth District Court of Appeal involving appeals from the various trial court proceedings.  An adjunct professor/attorney supervises students, who draft pleadings and correspondence, conduct discovery, and confer and negotiate with opposing counsel/parties. Weekly group meetings are combined with individual case conferences to provide intensive personal training in litigation techniques, problem solving, and case management. Students also learn general civil litigation practice and procedures. Prerequisites: Civil Procedure and Evidence. Preference will be given to those applicants who have taken Practicum or Lawyering Skills II, and who are willing to take three units.

Public Interest Law Clinic (1-3 credits)

As Arranged
Fellmeth, J.
Students who enjoy Public Interest Law and Practice frequently go on to take Public Interest Law Clinic, in which they may design their own writing or advocacy project related to regulatory or public interest law. In the past, these projects have included written critiques of agencies or agency programs; petitioning an agency to adopt regulations; drafting model legislation; participating in litigation to enforce the state's "sunshine statutes"; or submitting amicus curiae briefs on public interest issues pending appeal. Student critiques of publishable quality may satisfy USD's written work requirement. Students interested in Public Interest Law Clinic must secure a permission slip prior to pre-registration from Professor Julie D'Angelo Fellmeth at CPIL's offices.

Small Claims Clinic I and II (Simone) 2-4 credits

The Small Claims Clinic offers students the opportunity to develop interviewing and counseling skills as well as trial preparation skills in the Small Claims Court context. Students assist low-income families in preparing their cases for trial at Small Claims Court and can represent clients in the appeals process in Superior Court. Students must also be available to participate in outreach presentations at various community locations and times.  No Prerequisites.

Special Education Clinic I (Dalton) 2-4 credits

Special Education Clinic II (Dalton) 1-4 credits

Students receive practical training and experience in client intake, interviewing and counseling, file review and analysis, and legal representation in diverse forums. Some cases proceed to mediation and due process hearings, where students argue the case with support from the supervising attorney. Weekly group meetings are combined with individual case conferences to provide intensive personal training in case management. The classroom component also includes an overview of statutes and cases in this growing area of civil law.  No prerequisites.  Recommended: Special Education and the Law.

State Tax Clinic I & II - California (Shaltes) 1-2 credits

This Tax Appeals Assistance Program is a joint effort between USD Legal Clinics and the California State Board of Equalization.  Under the supervision of an attorney from the California Taxpayers’ Rights Advocate Office, students will assist taxpayers with their state tax appeals.  Students receive legal practice skills training, including interviewing clients, identifying evidence, drafting appeals briefs, and representing clients in negotiations with the State Board and at  hearing.  No prerequisites.

Agency Internship 1-3 credits (Lopez/Schmied)

The Agency Internship Program consists of a work component and a class component and allows students to earn between one and three academic credits for working in a law related internship position. For the work component, students intern with a government agency or a nonprofit organization. During the school year, the internship employer must be in the civil or criminal appellate law field in Southern California. During the summer, the employer can be either in the civil field or in the trial or appellate criminal field in Southern California. Students participate in primarily on-line class sessions involving small group discussions. Students are required to prepare weekly summaries of their work and complete a writing assignment. For more information about the Agency Internship Program, see the handout. If you have been accepted into an internship placement and want to apply for the internship course, fill out the application and submit it to Jennifer Schmied, Esq., in Career Services. If you have any other questions e-mail Jennifer Schmied or call (619) 260-4771.

Judicial Internship (Sullivan) 1-6 credits

The Judicial Internship Program allows students to receive academic credit for work in a judge's chambers in San Diego. Students must work 60 hours per unit of credit. In addition to the work component of the Program, students enrolled in the program will have regular contact with the Program's instructor, Professor Horton, who will meet with students individually, assign various written projects (such as a journal and a final paper), and review samples of the student's written work from the internship. The program is limited to a total of 20 students per semester or summer term. Preference is given to students who are in, or who are about to enter, their final law school year.

Professor Horton has a manual that explains the judicial internship process; interested students should be sure to pick up a copy of the manual. Students can secure their own internship position or can meet with Professor Horton for guidance in securing a placement. Students must receive approval from Professor Horton to register for this program. Prerequisites: preferred: 1L curriculum, Law Skills II (trial-court placements), and Criminal Procedure (appellate-court, magistrate judge, and criminal-department placements).

Mediation Internship (Lopez)

1 credit

The semester Mediation Skills course and the Mediation Internship are separate, though linked, course offerings.  Upon completion of the skills course, students will be eligible to participate in a program allowing them to mediate actual cases filed with the San Diego County Small Claims Court.  Students must do the skills training sessions and the mediation internship in the same semester.  The student interns will meet with the internship supervisor in two group sessions during the semester and on bi-weekly TWEN sessions.

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