Fall 2010 Course Descriptions
Course Descriptions For:
First Year Required
CIVIL PROCEDURE I
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.
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.
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.
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.
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
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.
CIVIL PROCEDURE I (Henning)
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)
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, Simmons)
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 (Burke, Lazerow, Shue)
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.
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)
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 JD level). This is an advanced tax course with priority enrollment for LLM in Taxation students.
ADVANCED LEGAL RESEARCH (Gruben)
This class will offer an in-depth analysis of legal research methods and sources, covering both print and electronic formats, to develop an understanding of legal research as a process. Classes include a combination of lectures, discussions of readings and techniques, online training, and might include presentations by guest lecturers. Emphasis is placed on critically evaluating the content and organization of research resources, regardless of format, and understanding their appropriate use, to illustrate that research is approached as both a skill and an intellectual endeavor. The student should finish the class with a deeper understanding of the tools of legal research and with an ability to use those tools, either print or electronic, commercial or free, to engage in high quality, cost effective legal research. Students are graded by the standard letter grading system.
ADVANCED LEGAL WRITING (Sperow)
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 email firstname.lastname@example.org if you are interested in taking this course.
ALTERNATIVE DISPUTE RESOLUTION (Schulman)
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 courses in Negotiation or International Arbitration.
ANIMAL LAW (Henning)
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)
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.
This course will provide an examination of the liquidation and reorganization cases under the Bankruptcy Code, and the effects of bankruptcy on non-bankruptcy debtor-creditor law and pre-bankruptcy transactions. The objective of this course is to give students a working familiarity with the Code and associated rules, cases and folklore; an understanding of the policies reflected in and relevant to bankruptcy law; and an appreciation of the bankruptcy practice. There are no course prerequisites. However, the scheduling of the course on Article 9 Secured Transactions and/or the Creditors Remedies course before, or along with, the Bankruptcy course, while not required, is suggested.
BUSINESS PLANNING (Doucette)
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.
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)
This is a broad course covering the basic substantive and procedural law relevant to advocacy on behalf of children. The course is taught with a combination of lecture and Socratic dialogue. It surveys the following subject areas: the rights of children, criminal prosecution of children, child abuse and protection, child tort recovery, child rights to property and support, child-related political rights and liberties, and child entitlements (including public welfare, health, nutrition, care, education, and special populations). The course includes discussion of the alternative methods of child advocacy, class action practice, writs of mandamus, administrative practice, and local government advocacy.
CLIMATE CHANGE LAW & POLICY (McAllister)
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.
COMPARATIVE LAW (Legrand)
Most courses in law school are about US law. This course is different: it focuses on foreign law. Obviously, foreign law matters to all US lawyers operating on the international scene, for example in international business or in international arbitration. And just as evidently, foreign law is very important within national law. Indeed, a huge quantity of legal situations in the US involve foreign law (whether it be a contract entered into in New York governed by German law or a deceased person from San Francisco bequeathing real estate in France or the victims of a massive chemical explosion in India suing in US courts). More controversially, there are those (including a number of US Supreme Court Justices) who claim that, in an age of globalization when the US is more interconnected with the rest of the world than ever before, US law ought to derive inspiration from foreign law, for instance in constitutional litigation involving the death penalty or the rights of sexual minorities. This course will apply itself to this debate and discuss to what extent foreign law can or must act as persuasive authority. It will also consider two primordial questions. First, how could a US lawyer get to know foreign law despite all the cultural differences arising across laws? Second, is meaningful understanding of foreign law even possible? As regards these issues, various theoretical and methodological topics will be raised and some case-studies assessed. This 2-credit course is taught from mid-August until late September and the take-home final examination will begin on September 22, 2010. No prior knowledge of foreign law is required. Enrollment is limited to 30 students.
CONSTITUTIONAL LAW II (M. McGowan, M. Ramsey)
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
THE CONSTITUTION OF LIBERAL DEMOCRACY - Formerly called - Constitutional Rights, Moral Controversy, and the Supreme Court (Perry)
To say that a democracy is a "liberal"democracy is to say, in part, that the democracy is committed to certain human rights. Liberal democracies are typically constitutionally committed to those rights. In this course, we will study three of the most important liberal-democratic rights as they have emerged in the constitutional law of the United States: the right to moral equality, the right to religious freedom, and the right to moral freedom. We will also evaluate several controversies that implicate one or more of the three rights: capital punishment, race-based affirmative action, abortion, physician-assisted suicide, and same-sex marriage. This class begins August 24 and ends September 9, 2010. The final examination will be of the "take home" variety.
CONSTITUTION AND THE INTERNET (McKeown)
This course will focus on the constitutional implications of the Internet. The course will explore national and international jurisdiction, speech in cyberspace, pornography, privacy, copyright, and other selected topics. Course materials will include recent landmark cases and law review articles. No textbook will be used. Class meets on August 23, September 27, October 4, 18, 25 and November 1, 2010. This course is designed to satisfy the law school’s written work requirement. Constitutional Law I is a prerequisite.
CONTRACTING ACROSS BORDERS (Folsom)
A research seminar on international sales, letter of credit, licensing, franchise and other contracts, with special focus on dispute settlement, choice of law, choice of forum, and commercial arbitration. Paper required.
COUNTERTERRORISM AND THE LAW (Darby)
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 (Partnoy, Smith, T)
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)
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)
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)
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)
This course examines the type of conduct which can trigger the imposition of criminal tax charges. We will review the various Title 26 tax crimes (including tax evasion, tax perjury, failing to file, aiding and assisting), Title 18 tax crimes (including false claims, false statements and conspiracy), and Title 31 tax crimes (including currency reporting requirements). We will also review the various methods of proof used by prosecutors and also discuss the various defenses available, along with federal sentencing guidelines and related civil tax issues. This is an advanced tax course with priority enrollment for LLM in Taxation students.
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)
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 2011 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 DISCRIMINATION (McGowan, M.)
This general survey course of employment discrimination laws will focus on primarily the federal anti-discrimination laws prohibiting employment discrimination based on race, sex, pregnancy, national origin, age, sexual orientation. (We will also discuss the California Fair Employment and Housing Act's protections when they diverge from federal law. The Americans with Disabilities Act will not be a primary area of study.) This course gives students an opportunity to think about the meaning and practice of discrimination, to analyze various anti-discrimination approaches, and to learn to think creatively and flexibly when working on problems within this complex, evolving field of law. Students will learn to strategize about bringing and defending employment discrimination suits and, perhaps even more importantly, about helping clients develop policies and practices that foster discrimination-free workplaces and resolve workplace issues before they develop into lawsuits.
EMPLOYMENT LAW (Lobel)
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)
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 website.
ENTERTAINMENT LAW (La Terza)
This course is designed to provide a comprehensive survey of transactional practice of law within the entertainment industry. The material will be presented from the perspective of the practitioner representing clients involved in the production and exploitation of films and programs intended for exhibition in theatres and on television. The course will examine the appropriate business entities to be utilized, and the various structures commonly employed to finance production. These include including distribution presales, network licenses, bank loans, completion bonds, tax shelters and various domestic and foreign governmental subsidies. Major studio versus independent production will be contrasted. Sources of revenue will be discussed, as well as the various forms of contingent compensation, including deferments and net,gross and adjusted gross participations.The course will also introduce the legal and business issues encountered in connection with the acquisition of underlying literary properties and agreements for the services of producers, writers, directors and actors (including minors). Specifically included in the analysis will be the considerable impact of the various guild agreements in connection with a number of issues, including compensation, residuals, and credit. The role of agents and managers, and the laws under which they function will also be addressed. The various forms of legal protection afforded intellectual property will be examined, including under copyright, implied contract theory, rights of privacy/publicity and other statutory and common law approaches. Typical transactions and forms of contracts will be discussed, with a view towards understanding the key issues involved, the positions customarily taken by each side and the compromises often reached. The overall goal of the course is to enable students to develop an informed and analytical approach to the practice of entertainment law. While knowledge of Copyright and related intellectual property law is helpful, the student will not be expected to bring to the course any specific prior understanding or experience in the area.
ERISA & EMPLOYEE BENEFIT PLANS (Wolds)
This course will consider Title I of the Employee Retirement Income Security Act of 1974, as amended, and its implications for employee benefit plan administration and litigation. Attention will be devoted to fiduciary conduct, investment management concerns, reporting and disclosure rules, federal preemption of state laws, and employees benefit claim and fiduciary litigation. Tax I is a prerequisite. LLM in Taxation students may take Tax I concurrently. This is an advanced tax course with priority enrollment for LLM in Taxation students.
EUORPEAN UNION COMMERICAL LAW (Schovsbo, Ulfbeck)
As business is becoming more international so must the law and lawyers. In a world of international trade and transactions companies and their advisers need to have a global legal horizon. Until quite recently, it would not have made any practical sense to talk about an “EU commercial law”. However, due to the ongoing harmonization of the law of the EU countries a body of truly common European law is emerging from the melting pot of the national laws and traditions and EU institutions and courts. The course draws on the results of 30 years of continued and ongoing EU harmonization to provide US law students with an overview of some of the central aspects of European commercial law. The course focuses on the practical legal problems facing an American enterprise doing business in Europe but at the same time provides for a basic understanding of the EU legal framework. After a brief general introduction to EU law the course falls in two parts. Part I deals with the transfer of goods and covers such topics as general contract law (PECL Principles of European Contract Law), the EC directive on Unfair Contract Terms, the EC directive on Products Liability and central liability rules related to the transportation of goods. Part II deals with the trade in intangible rights notably patents and trademarks. This part opens with a general presentation of the European systems for the protection of inventions and trademarks. It then moves on to discuss aspects relating to the exercise of those rights in regard to the Treaty rules on the free movement of goods (“parallel importation” and the principle of “exhaustion of rights”) and to tech-trans agreements and other issues involving competition law. The course requires no prior knowledge of European law. This class will have a final examination. (Class meets from October 12 – 28, 2010.) Information on course material will follow.
EVIDENCE (Devitt, Dripps, Mackay)
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.
A study of the administrative procedures with reference to the audit of tax returns; information-gathering; practice before the IRS; pre-litigation administrative procedures; U.S. Tax Court litigation and rules of practice; settlement procedures and trial strategies; tax refund litigation, including preparation of claims for refund, jurisdictional prerequisites, and strategies; preparation of ruling requests; offers in compromise; collection; penalties and interest; and criminal tax investigations. Prerequisites: Tax I and Tax II. Note: Tax LLM students may take Tax II concurrently. This is an advanced tax course with priority enrollment for LLM in Taxation students.
FEDERAL ESTATE & GIFT TAXATION (Formerly Federal Taxation of Wealth Transfers) (McCouch)
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).
FINANCE AND ACCOUNTING FOR LAWYERS (Brinig)
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.
GLOBAL CONSTITUTIONALISM (Porat)
Constitutional law is increasingly becoming a shared enterprise which transcends the borders of the nation-state. Supreme Court Justices correspond with each other in their judicial opinions, draw upon each others work, and share similar jurisprudential frameworks. In addition constitutional law in many countries has increasingly converged upon a similar template. This template includes a robust form of judicial review, a two-step rights protection system (consisting of a rights protection clause, and a limitation clause, which limits rights) and a standard-based doctrine, such as balancing or proportionality, for the adjudication of rights conflicts. While in many respects America is the birth place of constitutionalism and the driving force behind its global success, its own constitutional law stands apart from this common template and resists attempts at constitutional borrowing and influence. The course will review the different aspects of global constitutionalism, show how American constitutional law differs from the global template and review the historical and ideological reasons for this difference. The course will also discuss the fundamental questions that are raised by global constitutionalism regarding the nature of constitutional law and of constitutional rights. The grade will be based on a final examination. This class begins September 7 and ends September 30, 2010. Prerequisite: Con Law I
INTELLECTUAL PROPERTY SURVEY (Robinson)
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)
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 TRANSACTIONS (Ramsey, M)
This course provides an introduction to the legal aspects of private international sales and investment transactions. Topics include sales contracts, letters of credit, bills of lading, investment and financing contracts, and resolution of private sales and investment disputes. Regulatory aspects of international transactions, including export licensing, regulatory jurisdiction, and the Foreign Corrupt Practices Act, will also be considered. The focus will be transactional, with attention to the structure of private relationships and the anticipation and avoidance of litigation.
INTERNATIONAL HUMAN RIGHTS (Perry)
An introduction to international human rights. Among the topics to be discussed: UN-sponsored human rights treaties; the morality of international human rights, with particular reference to capital punishment, abortion, and same-sex marriage; the International Criminal Court; humanitarian intervention; globalization and human rights. The grade for the course will be based both on class participation and on a take home exam.
INTERNATIONAL INVESTMENT: Legal Issues in the US and Abroad (Forry)
International businesses and other investors, whether investing in the US from abroad or investing abroad from the US, encounter special legal and tax rules.This course focuses on such rules in the US and selected foreign countries by way of examples.
Topics include general regulatory and tax regimes for foreign investors, as well as rules and planning for specific cross-border activities such as: real estate and infrastructure investments; licensing and importing from abroad; establishing and financing a new local business enterprise; acquiring a local corporation from abroad; using a local business as a base for further international operations; portfolio investments from abroad in local stocks and other securities; immigration and tax planning for foreign individuals; local activities by foreign governments and government-owned businesses; and reporting requirements for international investors.
Early in the course, students are assigned to teams.Each team is provided with a brief case study proposing certain of the cross-border activities covered in the course.In the final sessions of the course, each team makes a presentation and provides a paper covering the key issues of its case study.In addition, each student’s course grade may be increased (but not decreased) based upon classroom performance by one grade level (e.g., from B to B+).One or more previous courses in taxation or finance are recommended, but not required.
INTERNATIONAL NEGOTIATION (Snyder)
The course will include specific materials and skill-building exercises on cross-cultural aspects of the bargaining process. Participants will include lawyers from other nations who are enrolled in USD's LLMC program, and upper class American JD students. Four-tier Pass/Fail grading.
INTERNATIONAL TAXATION (Lilly)
This basic course in international taxation will focus on the principles relating to the taxation of foreign persons (individuals as well as legal entities) by the United States and the U.S. taxation of income received by U.S. individuals and entities from activities abroad. Topics will include principles of international tax jurisdiction; rules relating to the source of income and deductions; the foreign tax credit; Section 482 and transfer pricing; foreign currency translations; international double taxation treaties and an introduction to controlled foreign corporations. Prerequisite: Tax I required; Tax II is recommended. This is an advanced tax course with priority enrollment for LLM in Taxation students. PLEASE NOTE: Students who have taken OUTBOUND INTERNATIONAL TAX PLANNING (Pugh) and / or TAXATION ON INTERNATIONAL TRANSACTIONS (Lazerow) are not eligible to enroll in this course.
INTERNATIONAL TAX POLICY (Schimmer)
This course will focus on the policy considerations that Congress and Treasury weighed as they considered various international income tax code sections and regulations or, at times, rulings. We will examine the problem that Congress faced that each particular piece of legislation was designed to solve. We will review whether the job that Congress did could have been done better. We will also look at current issues and discuss whether those issues need legislative solutions and, if so, explore the possible solutions. Grading is based on students’ writings and presentations during the course, including a significant paper; there is no final exam. Prerequisite: Tax I; Tax II would be useful, but is not required. Satisfactory completion of the course will meet the Law School’s Tax Policy requirement for an LLM Taxation degree. This is an advanced tax course with priority enrollment for LLM in Taxation students.
INTERNATIONAL TRADE & INVESTMENT LAW (Folsom)
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. In the Fall Semester of 2010, this course will focus on Int’l Trade and Economic Relations.
INTERVIEWING AND COUNSELING (Player)
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)
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.
This seminar will focus on the structures of judicial decision making in Legal Formalism, Scalian Textualism, Legal Realism, Sociological Jurisprudence, and Legal Process, and Critical Theory (an amalgamation of Critical Race Theory, Critical Feminist Theory, LatCrit Theory, Asian Critical Theory, and other "outsider" theories). Students will be evaluated on the basis of a paper plus weekly oral and written classroom presentations. Class attendance is essential. This class has 3 additional mandatory Friday sessions at the beginning of the semester that will give students extra time to work on their papers at the end of the semester.
LAW AND ECONOMICS (Wonnell)
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.
LAW OF THE SEA (Vargas)
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 (Snyder)
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)
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)
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. Henning
LEGAL ANALYSIS OF CRIMINAL PROCEDURE (Sperow)
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
This course is designed to provide intensive assistance in legal analysis and legal writing, focusing on the kind of analytical and writing skills necessary for success on law school and bar examinations. Students will receive group and one-on-one instruction in legal analysis and legal writing. The exercises and assignments will closely track the doctrines covered in the substantive class which the course is attached. Enrollment is limited and the class will meet one hour per week. Students who successfully complete the course will receive one academic credit. The course will be graded on an “Honors, Pass, Low Pass, Fail” grading scale. Enrollment may be granted on a first-come, first-served, space available basis, but only if students are: 1) eligible for enrollment in the substantive class to which the course is attached, and 2) actually enrolled in such class – Prof. Devitt
LEGAL ANALYSIS OF TRUSTS & ESTATES (Edelman)
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.
MEDIA LAW (Semitsu)
This course provides a legal and policy overview of the key cases, legislation, and technologies affecting mass communications in the United States. Students will be exposed to a survey of five major areas of media law: governmental speech regulation (e.g., obscenity, prior restraint), libel, privacy, newsgathering rights, and copyright and fair use. While much of the assigned materials focus on print and broadcast media, the course will often examine the interplay between “new” media, cutting-edge technologies, and civil liberties. Discussion topics will run the gamut from the New York Times to TMZ, from crush videos to fantasy baseball sites, and from Nicole Richie’s fleeting expletives on Fox to Courtney Love’s disparaging rants on Twitter, leaving time to canvass the legal pitfalls awaiting YouTube when a user uploads an excerpt of the German film Downfall with the subtitles modified to suggest that Adolf Hitler is enraged about the vuvuzela’s ubiquity at the 2010 World Cup. One oft-explored question will be whether today’s communication laws – some established before most Americans had a home computer or cable television – will hold up or buckle in the face of emerging technologies and media platforms. By analyzing Mel Gibson’s privacy rights, Gizmodo bloggers’ newsgathering rights, and Voyeur Dorm’s speech rights, students will learn to help clients with communications and media issues in the post-Facebook era. While there are no formal prerequisites for the course, a prior knowledge of torts, constitutional law, and some basic intellectual property concepts might be helpful. No specialized technical knowledge is necessary, although students may get lost if their idea of new media is an AOL “500 Hours Free!” CD-ROM. The final course grade will be based on a take-home exam, midterm, and class participation.
MEDIATION SKILLS (C. Wiggins)
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. The course is graded on a 4-tier Pass-Fail basis.
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.
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.
NEGOTIATION (Smith, N)
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.
PARTNERSHIP TAX (Burke)
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.
PATENT LAW (Reisman/Morley)
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)
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 (Amon/Rosen/Miller)
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.
PUBLIC LAND & NATURAL RESOURCE LAW (McAllister)
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.
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.
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)
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.
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
TAXATION OF ANTI-MONEY LAUNDERING: TAX ASPECTS OF ANTI-MONEY LAUNDERING and ASSET FORFEITURE (Horowitz)
This course examines the Anti-Money Laundering and Asset Forfeiture laws utilized to dismantle ongoing criminal enterprises. We will review the various money laundering offenses under Title 18, anti-money laundering programs under the Bank Secrecy Act, and civil and criminal asset forfeiture. We will also review various defenses available to defendants and federal sentencing guidelines. This is an advanced tax course with priority enrollment for LLM in Taxation students. Prerequisite: Tax I. Grade determined by in-class final exam.
TAXATION OF PROPERTY TRANSACTIONS (Jelsma)
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.
TAX RESEARCH AND COMMUNICATIONS (Shaler)
This course involves an intensive examination of federal tax research techniques, including locating and evaluating legislative history, administrative authorities,and judicial decisions with attention to comparative weights and relationships among various authorities. Students are required to conduct various research and validation tasks, and to prepare complex tax documents, such as, ruling requests, protests, opinion letters, memoranda of law, and Tax Court petitions. Enrollment is limited to 12 students (no JDs) with priority to 1) December graduates and 2) full-time students. This course is restricted to LLM students only.
TAX RESEARCH AND COMMUNICATIONS (Bauman)
This course involves an intensive examination of federal tax research techniques, including an evaluation of legislative history and administrative authorities. Students are required to research and prepare complex tax documents such as protests, opinion letters, memoranda of law, and Tax Court petitions. The course may not be counted toward the LLM if the candidate elects to write a thesis. Enrollment is limited to 12 students (no JDs) with priority to 1) December graduates and 2) full-time students. This course is restricted to LLM students only.
TECH TRANSFERS LEGAL PRACTICE — THE LAW AND PRACTICE OF TECHNOLOGY TRANSFERS: IP TRANSACTIONS (Eisner)
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)
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 (Horton)
This course provides an intensive treatment of trademark law and practice. The course will cover the history and common law of trademark protection, federal and state statutory trademark law, the federal trademark registration process, trademark and trade dress litigation (infringement and dilution), and the international treaties and conventions dealing with trademarks, as well as paying some attention to the interface between trademark law as applied to the internet. The grade will be based on a series of short take-home projects and a short research-based essay. There will be no final exam.
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)
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)
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)
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)
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.
Child Advocacy Clinic: Policy I
Child Advocacy Clinic: Policy II
Child Advocacy Clinic: Delinquency I
Child Advocacy Clinic: Delinquency II
Child Advocacy Clinic: Dependency I
Child Advocacy Clinic: Dependency II
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.
2 credits each semester – year long clinic
(Devitt, Carroll, Parker)
TheNinth Circuit Appellate Clinic is a year-long clinic opportunity in which teams of students will enjoy the hands-on experience of litigating an appeal before the Ninth Circuit Court of Appeals from start to finish. During the fall semester, students will draftan opening brief; during the spring semester, students will drafta reply brief, and two students will be chosen to presentoral argument. Additional periodic classroom sessions held throughout the academic year will focus upon appellate procedure and persuasive written and oral advocacy. From time to time, class sessions will feature guest speakers such as judges and local practicing attorneys.
Students will receive four credits (two in the fall semester and two in the spring semester) for successfully completing the year long Appellate Clinic. This clinic will be graded on a four-tier pass/fail basis.
The Appellate Clinic is open only to third and fourth year law students. Students must have completed, or take concurrently with the Clinic, the following courses: Civil Procedure, Evidence, Professional Responsibility, and Criminal Procedure.
Civil Clinic I (Player/Gruber) 3-4 credits
Civil Clinic II: (Player/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. The clinic is graded on a 4-tier Pass-Fail basis.
Criminal Clinic I (Berend) 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 Berend for information on deadlines and additional registration materials. The clinic is graded on a 4-tier Pass-Fail basis.
Criminal Justice Experience (Berend)
This course offers a unique opportunity to focus not only on the technical and ethical competence of lawyers in the criminal justice system, but on skilled practice informed by self-awareness, compassion, and a commitment to human dignity. There is a class component and placement component. In class, students address the legal, procedural, ethical, social, and cultural issues that arise in the course of their clinic work. In their placement, students interview recent arrestees in the San Diego County Jail who have not made bail and who are not represented by counsel. Students provide advice regarding an arrestee’s constitutional and statutory rights, as well as concerns arising from his incarceration. Students will assist the Deputy Public Defender assigned to the felony arraignment department in the San Diego Superior Court. Students will also counsel and advise people who have criminal justice issues at dinners offered by the Welcome Door Foundation. There will be several Friday afternoon sessions during the semester for students to be introduced to the jail, the courthouse, and the Public Defender’s Office, and to participate in other activities related to the course. Criminal law is a pre-requisite. Enrollment is limited. This is a three-credit course graded on a four-tier pass-fail basis. A security clearance by the jail through the Department of the Public Defender is required before the beginning of the semester. The State Bar of California requires that evidence and civil procedure be completed before a student can be certified to appear in court.
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. The clinic is graded on a 4-tier Pass-Fail basis. 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. The clinic is graded on a 4-tier Pass-Fail basis.
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. The clinic is graded on a 4-tier Pass-Fail basis. 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. The clinic is graded on a 4-tier Pass-Fail basis. 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. The clinic is graded on a 4-tier Pass-Fail basis. 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. The clinic is graded on a 4-tier Pass-Fail basis.
Public Interest Law Clinic (1-3 credits)
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. The clinic is graded on a 4-tier Pass-Fail basis.
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. The clinic is graded on a 4-tier Pass-Fail basis. 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. The clinic is graded on a 4-tier Pass-Fail basis. No prerequisites. Recommended: Special Education and the Law.
State Income 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. The clinic is graded on a 4-tier Pass-Fail basis. No prerequisites.
State Tax, Sales & Use Clinic I & II - California (Larkin) 1-2 credits
This State Sales & Use Tax Clinic 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 at the Petitions stage of proceedings instituted against them by the Franchise Tax Board. Students receive legal practice skills training, including gathering evidence, preparing legal briefs, participating in negotiation proceedings and oral argument at an administrative hearing. The clinic is graded on a 4-tier Pass-Fail basis. No prerequisites.
Technology & Entrepreneurship Law Clinic (Sichelman) 3 credits
This clinic will place students at local technology startup companies to provide legal assistance in the areas of intellectual property prosecution and licensing, corporate formation and transactions, contracts, employment law, and related areas. Students will be supervised by attorneys at local law firms as well as the professor. The course will begin with an intensive “boot camp” covering the core types of transactions encountered in technology startups. There are no scheduled classes during the semester; instead, students will work with the companies and supervising lawyers each week, and meet one-on-one with the professor on a regular basis. An application process will be used to select students for the course. Students selected for the fall semester may continue in the spring semester but are not required to do so. (However, students cannot register solely for the spring semester.) If you are interested, please contact Professor Ted Sichelman at email@example.com no later than Friday, April 23, for a more detailed description of the course and an application.
Agency Internship (Herrera) 1-3 credits
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 field 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, download the Agency Internship Program handout. If you have been accepted into an internship placement and want to apply for the internship course, fill out the Internship application. Submit it to Jessica Johnson at The Center for Public Interest Law at firstname.lastname@example.org. If you have any other questions, email Lizzette Herrera or call (619) 260-2342. The internship is graded on a Pass-Fail basis.
Corporate Counsel Internship Program (Herrera) 1-3 credits
The Corporate Counsel Internship Program (the “Program”) allows students to receive academic credit for working in thelegal department of a corporation, company or other business entity. Students may also work in other departments of a corporation as long as they are supervised by a licensed attorney. The goal of the Program is to provide students with the opportunity to observe first-hand the operations of a corporate legal department and to gain an understanding of the legal issues addressed by corporate counsel. The student must not receive monetary compensation or any outside funding for or related to the work and must be supervised by an on-site lawyer.
Students can secure their own internship placements or meet with the Internship Director or Career Services for guidance. Placements qualify for the Program only if the organization requires that a student receive academic credit as a condition of the internship. Organizations willing to pay students or to have them work on a volunteer basis do not qualify for the Program. After a placement is found, students must complete an Application Form to have their placement approved for the Program. Employers who participate in the Program must commit to the requirements of the Program. Students work a minimum of 60 hours per unit of credit and may receive 1-3 credits. For more information, download the Corporate Counsel Internship Program handout. If you have been accepted into an internship placement and want to apply for the internship course, fill out the application. If you have any other questions, email Lizzette Herrera or call (619) 260-2342. The internship is graded on a Pass-Fail basis.
Entertainment, Sports and Intellectual Property Internship Program (Herrera) 1-3 credits
The Entertainment, Sports and Intellectual Property (ESIP) 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 department of an entertainment or sports industry company, talent guild or trade association, or in the intellectual property law department of a company or trade association. 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, download the ESIP Internship Program handout. If you have been accepted into an internship placement and want to apply for the internship course, fill out the ESIP application. If you have any other questions, email Lizzette Herrera or call (619) 260-2342. The Internship is graded on a pass-fail basis.
Judicial Internship (Horton) 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). The internship is graded on a Pass-Fail basis.
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.