Academics: J. D. Program

Spring 2009 Schedule >>
Last modified: March 4, 2009 5:08 PM

First Year Required

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CIVIL PROCEDURE II

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

CONSTITUTIONAL LAW I

4 credits
The study of the United States Constitution, stressing the theory and practice of judicial interpretation and review, the separation of federal powers, the relation of the states to the federal government, and specific powers of the federal government - in particular the tax, treaty, war and commercial powers. In addition, the various limitations imposed on the exercise of governmental power, with emphasis on the due process clauses and on freedoms of speech, press, and religion and the Bill of Rights are addressed in this course.

CONTRACTS

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

CRIMINAL LAW

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

PROPERTY

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

TORTS

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

LAWYERING SKILLS I

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

 

Upper Class Required

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CIVIL PROCEDURE II (Henning)

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

PROFESSIONAL RESPONSIBILITY (Martin, Zacharias)

3 credits
This course explores the law and ethics of lawyering, with special attention to the disciplinary rules of the profession.  Topics include the sources of professional regulation, the protection of confidential information, the limits of partisanship, conflicts of interest, the lawyer-client relationship, and access to legal services.  Required for upper-class students.

TAX I (Lilly)

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

 

Electives

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ADVANCED CONSTITUTIONAL LAW, THEORY AND PRACTICE OF FREE SPEECH IN THE UNITED STATES (Barnes)

3 credits
This seminar allows students to explore the impact of our national commitment to freedom of speech, association, political protest, and various forms of symbolic expression.  Theoretical justifications for the protection of speech in service of truth, self-governance and self-realization are explored primarily through analysis of the market metaphor.  Students examine the role of dissent and means of resistance to orthodoxy in democratic nations.  Pre-requisite: Constitutional Law.

ADVANCED CORPORATE TAX PROBLEMS (Shaw)

2 credits
A series of planning and structural problems involving advanced issues in corporate taxation will be discussed. The topics to be covered include advanced corporate asset disposition and distribution problems; redemptions; stock transfers and dividends; collapsible corporations; accumulated earnings tax; personal holding companies and S corporations. Prerequisite: Tax II (Corporate Tax). This is an advanced tax course with priority enrollment for LL.M. in Taxation students.

ADVANCED ENVIRONMENTAL LAW (Lazarus)

1 credit
Environmental Law in the Supreme Court October Term 2008

The Supreme Court during the current October Term 2008 has agreed to hear a remarkable number and array of significant environmental law cases arising under a host of federal environmental protection and natural resource management laws. Some of the more prominent cases include Winter v. NRDC, Summers v. Earth Island Institute, Entergy v. Riverkeeper and Utility Water Act Group v. Riverkeeper (consolidated cases), Coeur Alaska v. Southeast Alaska Conservation Council, and Burlington Northern v. U.S. and Shell Oil v. U.S. (consolidated cases). In this course we will examine closely three of these cases – Winter v. NRDC (argued October 2008 and decided November 2008), Entergy v. Riverkeeper (argued December 2008 and decision pending), and Burlington Northern v. U.S. (to be argued February 2009) for the purpose of learning about the intricacies of environmental law and the broader challenges of Supreme Court advocacy, both written and oral. The class meets a total of six times over six months, divided into three two-day sessions. During each of these three two-day class sessions, we will study one of these cases by reviewing the Supreme Court briefs, oral arguments, and, for the one recently decided case, the Court’s majority, concurring, and dissenting opinions. The purpose of our study will be to gain a sophisticated understanding of the workings of both environmental law and Supreme Court advocacy and decisionmaking. There is no formal course prerequisite for this class. Although the course is formally entitled "Advanced" Environmental Law, the class will deliberately be taught so as to make its coverage accessible to students who have not yet taken the introductory survey class in environmental law. Class meeting dates: January 23 & 24; February 20 & 21; March 20 & 21, 2009.

ADVANCED LEGAL WRITING (Sperow)

1 credit
Advanced Legal Writing is a new one-unit course specifically designed to help students strengthen their fundamental legal writing skills. The class will help students master the skills needed to be a good legal writer, including: Selecting active and powerful word choices; Constructing paragraphs; Using proper grammar and punctuation; Creating a strong micro and macro legal structure; Developing thesis and conclusion sentences; Issue spotting; Extracting, formulating, and synthesizing rules of law;   Crafting explicit factual comparisons; and  Revising, editing and perfecting their work product. The class will also include workshops on “The Secrets of Successful Legal Writing Students” and “How to Ace Your Final & Bar Exam Essays.” Students will learn through lecture, in-class exercises, outside-class exercises, workshops, one-on-one TA and Professor sessions and practice. The class requires NO OUTSIDE RESEARCH. It will be graded HP, P, LP and F.  Students interested in taking this course need pre-approval from the professor. Please e-mail jsperow@sandiego.edu.
Students given permission to enroll in advanced legal writing may not be concurrently enrolled in persuasive legal writing & analysis.

ADVANCED TRIAL ADVOCACY (Lasry/Sandler)

3 credits
A course combining one hour per week of demonstrations and lecture with a two hour per week workshop involving critique of individual student performances in a number of the more difficult areas of trial practice. Students are videotaped during certain skills over the semester with feedback from instructors and practitioners. In addition to the weekly skills sessions, students perform at least one bench trial and one jury trial. The class will also address and consider the use of trial presentation technology at trial, and the intricacies of examining experts and children.  There will be minor written requirements related to the skill of the week.  This is an intensive course designed to focus on individual presentation skills. Prerequisites: Lawyering Skills II and Evidence. Enrollment is limited. Students are graded by the standard letter grading system.

ALTERNATIVE DISPUTE RESOLUTION (Schulman)

3 credits
This course will provide an introduction to the burgeoning field of alternative dispute resolution (ADR). Arbitration agreements are increasingly common in employment and consumers contracts and in many professional service provider relationships. When disputes arise are mandatory arbitration clauses enforceable. Does ADR favor employers/business interests or does it benefit employees/consumers? The course will provide an overview of the primary dispute resolution processes -- negotiation, mediation, and arbitration. We will examine the theoretical underpinnings of the movement to ADR and the legal issues arising in the ADR context.

ANTITRUST (Mogin)

3 credits
This course presents an overview of antitrust law and competition policy, including historical, political and economic background and development of statutes and case law, collusion and cartels, price fixing, market allocation, group boycotts, monopoly, predatory pricing, oligopoly, price leadership, resale price maintenance, tying, exclusive dealing, discriminatory pricing, horizontal mergers, joint ventures, trade associations, intellectual property and antitrust, California antitrust law and exemptions and immunities. Practical litigation and counseling subjects will also be included. LL.M. in Comparative Law students should have completed Into to U.S. Law and Lawyering Skills LLMC. Suggest some academic or practical experience in business or economics, civil procedure and evidence. Reading assignments can be heavy due to the class schedule and subject matter. Students are required to complete 3 ungraded drafting assignments; each of which should take less than 1 hour.

BANKRUPTCY (Giacinti)

3 credits
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.

BIOETHICS & THE LAW (Kolber)

2 credits
This course explores legal and ethical issues associated with life and death decision-making. In the past, we have covered such topics as euthanasia, assisted suicide, organ donation, reproductive rights, informed consent, and human and animal medical experimentation. This class will lay a foundation in moral theory and will raise, as a running theme, questions about the interrelationship between law and ethics. Sources will be drawn from groundbreaking legal cases as well as secondary sources in law and moral philosophy. Students will write an original research paper and present this research to the class at the end of the semester.

BIOTECH PATENT LAW (Mullen)

2 credits
This course provides students with practical guidance for preparing and prosecuting patent applications directed to biotechnology-related subject matter.  Particular attention is directed to understand the intersection of the patent law and unique commercial aspects of biotechnology-related inventions.  While at least a general understanding of the basics of the biological sciences will be helpful, technical or scientific expertise in biology or chemistry is not a prerequisite for the class.  Successful completion of Patent Law is suggested, but also not required.

BUSINESS PLANNING (Doucette)

3 credits
This seminar combines advance work in Corporations, Federal and State Securities laws, and Federal Taxation in the context of business planning and counseling. The course is based upon a series of problems involving common business transactions which present corporate securities law and tax issues for analysis, and resolution. The problems cover such topics as factors in the decision to incorporate; the formation of partnerships, limited liability companies, and corporations, both closely held and publicly owned; securities law considerations in raising capital; corporate distributions; the sale and purchase of businesses; mergers and other forms of acquisition; and recapitalization, division, and dissolution of corporations. A research paper is required. Prerequisites: Tax I and Corporations.

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

1 credit
This course focuses first on the business climate and forms of business enterprise in the PRC.  Subsequent segments address PRC legal requirements, taxation and financial reporting rules affecting foreign investors.  One unit addresses PRC merger and acquisition trends and tax planning. The final segment illustrates planning in light of US and other rules in foreign investors’ home countries.  A brief written exam in the final class will focus on a hypothetical foreign investment in the PRC. Class meets on Thursdays from 1:00-4:20pm on January, 22, March 5, March 19 and April 23, 2009.

CIVIL RIGHTS THEORIES SEMINAR (Brooks)

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

CLIMATE CHANGE LAW & POLICY (McAllister)

2 credits
This course explores the most significant law and policy issues related to climate change.  In the first part of the course, students will gain familiarity with the science of climate change as well as climate change law at the international and national levels. The second part of the course focuses on climate change litigation, with close study of the various legal theories used by litigants attempting to force the government to take stronger regulatory action.  The third part of the course concentrates on initiatives at the state and regional level with an emphasis on California climate change policy.  This class will meet on Wednesday 1/14, 1/21, 1/28, 2/4, 2/11, 2/18, 2/25, and 3/4 from 6 to 8:50 pm.  In addition, one additional class meeting will be scheduled TBA. Students will be permitted to choose to submit a paper or to take a final examination for the course grade.

CONTEMPORARY WATER LAW ISSUES (Minan)

3 credits
This three-hour seminar on contemporary water issues is intended to introduce students to the major legal doctrines and contemporary issues affecting water supply, water quality, and water use.  Although the principle focus is on California water law, the role of federal law is also examined.  A research paper is required in lieu of an examination.   Students are expected to select a topic of interest to them, to develop a focused expertise by writing on that topic, and to present their analysis to the class at the end of the semester.  The research paper does not satisfy the “writing course” requirements for a seminar contained in Academic Rule I.A.1. d.(1). Students wishing to preview the substantive materials to the seminar should go to http://www.sandiego.edu/~jminan and click on the water law link.  

COMPARATIVE CONSTITUTIONAL LAW (Claus)

3 credits
This course considers how sophisticated political systems limit and channel the exercise of governmental power. We do this primarily by taking the great issues of American constitutional law and asking how those issues are treated elsewhere. The course is open to all upper-class students, and may be taken concurrent with Constitutional Law. A research paper is required.

COMPARATIVE LAW (Vargas)

3 credits
The civil legal tradition has been described as the oldest, the most geographically widespread and the most important in today’s world. This is the tradition that historically derives from Roman law and Justinian’s civil law codification known as the Corpus Iuris Civilis, and from Napoleon’s Civil Code of 1804.  Special attention will be given to the contrasting differences between the U.S. legal system, based on the Anglo-Saxon legal tradition, and the civil law tradition. The course will introduce students to the fundamentals of Islamic law  A research paper is required.

CONSTITUTIONAL LAW II (Schwarzschild)

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

COPYRIGHT LAW (Henning)

3 credits
This course surveys the law relating to rights in expressive works.  We will study what copyright covers – such as books, movies, musical recordings, and software – and distinguish copyright from other forms of intellectual property, such as trademark and patent.  We will focus on the exclusive rights granted in copyrightable works, rules governing the transfer of those rights, what acts infringe those rights, what remedies the law provides for infringement, and what limitations the law places on those rights, such as the fair use doctrine.  We will discuss some topics of current interest, such as the rules governing the copying and distribution of music over peer-to-peer networks, digital rights management, and open-source software development.  

CORPORATE REORGANIZATION (Ferguson)

3 credits
This course considers the tax treatment of corporations and shareholders in corporate acquisitive reorganizations, single corporation reorganizations and corporate divisions, including carryovers. Tax II is recommended but not required. Prerequisite: Tax I and Corporations: Tax II is recommended but not required. This is an advanced tax course with priority enrollment for LL.M. in Taxation students.

CORPORATIONS (Dessent, Smith, T)

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

CRIMINAL PROCEDURE I (Kamisar)

3 credits
This course deals with pre-trial matters, as affected by the fourth, fifth, and sixth amendments. Coverage will include arrest, search and seizure, right to counsel, electronic surveillance, police interrogation and confession, and the exclusionary rules.

CRIMINAL PROCEDURE II (Huffman)

3 credits
In this advanced criminal procedure class, students will continue the study commenced in Criminal Procedure I, focusing on the processing of a criminal defendant through the criminal justice system. The course will address a number of issues regularly presented in criminal cases, including the charging process, the right to a speedy trial, criminal discovery and disclosure, the right to jury trial, the right to effective assistance of counsel, the right to confrontation and the exercise of the privilege against self incrimination at trial. In addition the course will include discussions of the principles of the right against double jeopardy, and post conviction remedies such as direct appeal and petitions for habeas corpus. The purpose of the course is to develop an understanding of the basic structure of the criminal process in a federal system of government as well as the basic principles underlying the constitutional and procedural protections of the criminal justice system. Students will be permitted to choose to submit a paper or to take a final examination for the course grade. Prerequisites: Criminal Law and Criminal Procedure I

CURRENT TAX PROBLEMS (Snyder, L)

3 credits
The course will cover selected tax problems in current law.  The material will tentatively include the following topics, found in a new book "Double Take- Unequal Taxation of Equals": (1) Taxation of the "New Era" Family Unit; (2) Tax Free Benefits for Some Employees:  Getting Paid Without Paying Taxes; (3) Non-Business Deductions (Home Mortgage Interest and Charitable Contributions); (4) "Business" vs. "Investment" Expenses and Salaries; (5) Tax Losses; and (6) Consumption Taxes v. Income Taxes. There is one paper assignment (10-12 pages).  Each week, students will also be assigned to respond to questions regarding each assignment for the following week.  Prerequisite:  Tax I or its equivalent.

Textbooks assigned for course:
• FEDERAL INCOME TAX, CODE AND REGULATIONS, SELECTED SECTIONS, CCH, Martin Dickinson, Editor (2008-2009 Edition).  REGUIRED. [The two volume full Code (CCH) is not required, but can be used in this course.]
• DOUBLE TAKE: UNEQUAL TAXATION OF EQUALS, by Lester B. Snyder, Published by Vandeplas Publishing (2007).  Book is required.

DEALS (Partnoy)

3 credits
This course will focus on the role of lawyers in a variety of corporate transactions. It is designed for students interested in practicing corporate or securities law or in careers in business. Among the types of deals typically covered are equity compensation agreements, venture capital financing, initial public offerings, and mergers and acquisitions. We also cover several specialized deals, which in the past have included securitizations, international trade financing, credit derivatives, and mortgage backed securities.  Students will complete an individual assignment, which typically involves the creation and editing of a deal document on a real-time basis. Students also will form teams to write papers and give presentations on a particular deal.  The course will include substantial instruction in problem solving, factual investigation, and organization, including problems related to financial issues in litigation and markets.  These problems will require students to investigate and analyze financial disclosures, terms, and data. Prerequisite: Corporations


ELECTION LAW (Maienschein)

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

EMPLOYMENT LAW & TECHNOLOGY (Paul)

3 credits
This course will examine the application of traditional doctrines of free expression, privacy, harassment, defamation and related workplace rules to speech articulated in emerging communications technology devices.  The course will open with a discussion of the technologies, their typical ownership and function, and of the areas of potential conflict surveyed in my article “Brave New Cyberworld:  The Employer’s Legal Guide to the Interactive Internet” (R. Paul and L. Chung, 2008).  The first quarter of the course will then review in some detail the bases and reaches of employer and employee rights and duties in the clash between employer interests in efficiency and information security with employee rights of speech, privacy and the like.  The second quarter of the course will examine the application of these ideas in different employment environments, starting with the information-sensitive (public employment, higher education workplaces and other workplaces in which information flow is a critical component of the work done), and then in the ordinary private sector environment.  The final quarter of the course will look at specific technology problems, e.g., monitoring employee computers, blackberry’s, SNS’s, text messaging, blogspeak, and the like.  The final part of the course will be reserved for presentation and discussion of student papers on topics within the general course parameters.       

ENVIRONMENAL LAW (McAllister)

4 credits
This survey course addresses the principles that govern federal environmental law, including the respective roles of the courts, state and federal agencies, and citizen groups.  Environmental statues covered include: The National Environmental Policy Act, Endangered Species Act, Clear Air Act, Clean Water Act, Resource Conservation and Recovery Act and Comprehensive Environmental Response, Compensation and Liability Act (Superfund).   

ENVIRONMENTAL LAW SEMINAR (Richardson/Waterman)

3 credits
This course will cover major federal legislative initiatives in the environmental field, including the Clean Air Act, the Clean Water Act, the Resource Conservation and Recovery Act, and the Comprehensive Environmental Response, Compensation and Liability Act (“Superfund”). We will analyze the constitutional underpinnings of these statutes and explore related issues including citizen suit provisions and the roles and relationships of federal, state, and local governments in the enactment and enforcement of environmental legislation. The course touches briefly on environmental rulemaking and multi-venue litigation addressing the relationship between federal statutes and state common law, as well as environmental insurance issues. No prerequisites necessary, final examination only. Course will be taught on select Saturdays to be announced at first class meeting.

ERISA & EMPLOYEE BENEFIT PLANS (Wolds)

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

ESTATE PLANNING (Lilly)

3 credits
The study of estate planning brings together in a practical, planning-oriented approach the knowledge gained from many courses to assist prospective lawyers in advising their clients how to arrange the most effective disposition of their capital and income. The income taxation of trusts and estates, the revocable trust, and the marital deduction are reviewed in detail. Differences between planning with separate property and community property are considered. This course is tax intensive and intended for students with a strong interest in tax law. Prerequisites: Tax I (Basic Federal Tax), Taxation of Wealth Transfers, and T&E: Wills & Trusts. This is an advanced tax course with priority enrollment for LL.M. in Taxation students.

EUROPEAN UNION LAW (Folsom)

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

EVIDENCE (Devitt, Schwarzschild)

4 credits
This course is about how facts can and must be proved in courts of law. The course gives a lot of attention to the Federal Rules of Evidence. Among the specific topics are: relevancy, circumstantial evidence, and unfair prejudice; "real" evidence; documents; scientific evidence. Much of the course is about the laws governing witnesses, including: competency, privileges, the law of examination and cross-examination, impeachment and reinforcement, expert and lay opinion testimony. The course also deals with the hearsay rule and its many wonderful exceptions.

FAMILY LAW (Horton)

3 credits
This open-enrollment course surveys the constitutional and legislative doctrine and the adjudication frameworks related to traditional family-law topics: marriage and divorce; marital property regimes; parent and child, including child custody, termination of parental rights, and adoption; family support rights; and rights of children. The course will be organized generally in relation to the California Family Code. The informational component of the course is important, and the course will feature weekly short in-class exams testing on the week's assignment; no final exam will be offered.

FEDERAL COURTS (Mackay)

3 credits
This course is best described as advanced constitutional law focusing on the power of the federal courts, particularly with respect to the states and the other branches of the federal government. It is essential for anyone planning to clerk for a federal judge, or to perform public interest work in a variety of areas involving constitutional claims or governmental litigants. In practical terms, the materials concern who may bring suit in federal court, against whom, and under what circumstances. Specific topics include interpretation of Article III, justiciability (including standing and the "political question" doctrine), congressional power over the jurisdiction of the federal courts (including the extent to which civil rights suits and "enemy combatants" may be excluded from federal court), the immunities from suit enjoyed by state governments and public officials (such as police officers), and habeas corpus. Those interested may peruse Hart & Wechsler's The Federal Courts and the Federal System for a further indication of course content.  Prior completion of, or concurrent enrollment in, Constitutional Law II is very strongly advised. The course materials assume a working knowledge of due process, equal protection, and state actor doctrine.

FEDERAL CRIMES (Rice)

2 credits
This course will focus on the unique characteristics of Federal Criminal law. Attention will be paid to the jurisdiction of the Federal Government over criminal law as well as the individual statutes that are employed by Federal prosecutors in prosecuting a wide range of offenses. Federal prosecutions will be considered from the investigative stage, including the use of the grand jury, through the charging, plea-bargaining, trial, sentencing and appellate stages. Special consideration will be given to the increasing role of the Federal Government in prosecuting state and local corruption. This course will be especially beneficial for those students considering a career in criminal law as either prosecutors or criminal defense lawyers.

INCOME TAX OF TRUSTS & ESTATES (Harris)

3 credits
The federal income taxation of trusts, estates, and their beneficiaries; distributable net income; distribution deductions for simple and complex trusts and estates; grantor trusts; income in respect of a decedent; and throwback rules. Prerequisites: Both Tax I and T&E: Wills & Trusts. This is an advanced tax course with priority enrollment for LL.M. in Taxation students.

INTELLECTUAL PROPERTY SEMINAR: CURRENT ISSUES IN INTELLECTUAL PROPERTY (Ramsey, L)

3 credits
This advanced seminar is intended for students interested in cutting-edge intellectual property law.  Students will learn practical legal skills while we explore currently unresolved issues in copyright, patent, and trademark law.  Past seminars included topics such as intellectual property rights in virtual worlds, parody fair use of copyrighted works on YouTube, patent reform, and trademarks and free speech.  Students are required to write a research paper and present that paper to the class during the second half of the semester.  The grade will be based on the paper, presentation, and class participation; there is no final examination.  Prerequisite: Completion of an intellectual property survey course or at least one other intellectual property course (copyright, patent, or trademark).

INTERNATIONAL ARBITRATION (Page)

2 credits
This is an introduction to arbitration in general and international arbitration in particular. The course will be taught from the perspective of a lawyer with international clients who practices (or hopes to practice) in California. That lawyer will need to know about: (1) the advantages and disadvantages of arbitration, (2) the legal framework for domestic and international arbitration, (3) the drafting and enforceability of the agreement to arbitrate, (4) choice of administering institution and the arbitration rules, (5) selection of the arbitration panel, (6) conduct of the arbitration hearing, and (7) enforceability of the final arbitration award. The course materials will be a recent casebook on "International Commercial Arbitration" and a statutory supplement.

INTERNATIONAL CIVIL LITIGATION (Heiser)

2 credits
International Civil Litigation will deal with a variety of issues which arise in international litigation in courts of the United States. Likely to be included are Judicial jurisdiction; service of process abroad; forum selection; taking evidence abroad; Foreign Sovereign Immunities Act of 1976; subject matter and legislative jurisdiction; the Act of State Doctrine; recognition and enforcement of foreign judgments; and international arbitration. Prerequisite: Civil Procedure

INTERNATIONAL INTELLECTUAL PROPERTY (Ramsey, L)

3 credits
This course examines international protection of intellectual property.  We will focus on international treaties, agreements, and dispute resolution systems relating to trademarks, patents, copyrights, and related rights. The course will also cover acquisition and enforcement of intellectual property rights in foreign markets.  Prerequisite: Completion of an intellectual property survey course or at least one other intellectual property course (copyright, patent, or trademark). The grade will be based on a final examination.


INTERNATIONAL INVESTMENT: LEGAL ISSUES IN THE US AND ABROAD (Forry)

3 credits
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 investments; licensing and importing from abroad; establishing 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 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. Class meets January 23 & 24; February 6, 7, 20 & 21; March 6, 7, 20 & 21 and April 24 & 25, 2009


INTERNATIONAL NEGOTIATION (Wiggins, C)

3 credits
Negotiation is a communication process by which people plan transactions, resolve conflicts and make decisions.   The negotiation process becomes more complicated when people bargain across boundaries of culture, such as nationality, race, ethnicity, age, gender or class.  This is an interactive skill-building course designed to help participants become more effective negotiators.  It will emphasize those who negotiate in a global setting, and the cross-cultural aspects of the bargaining process.

Participants will include upper division American JD students, and lawyers from other nations who are attending USD to obtain an LL.M.  It will also include students enrolled in the Master's program at USD’s School of Peace Studies.  Class size is limited.

The course will meet for three all-day Friday and Saturday sessions throughout the semester.   The dates are February 6-7; February 27-28; and March 20-21.  Attendance at all sessions is mandatory.

INTERNATIONAL ORGANIZATIONS (Vargas)

2 credits
Modern international organizations are structures established by the governments of member countries for the attainment of certain objectives of a diplomatic, economic, political, cultural, scientific, technical or military nature at a regional or global level. The United Nations is today’s epitome of a diplomatic “international organization,” including its specialized agencies formed by UNESCO, FAO, ILO, WHO, ITU, IAEA, IMO, etc. The course will provide an overview of major international and regional organizations, examining their formation, composition, organs, activities and outcomes, including their contribution to the development and codification of international law.  This is a paper course that will fulfill the written work requirement.

INTERNATIONAL SALES TRANSACTIONS (Lawrence)

3 credits
This course focuses on the United Nations Convention on the International Sale of Goods (CISG), with comparisons to domestic law (the UCC in particular).  Considerable time is devoted to the application of the CISG to problems that typically arise in international sales transactions.  The course does not include an exam.  Students instead prepare written memos that reflect the type of assignments they can expect in practice with a law firm.


INTERNATIONAL TAX POLICY (Rhoades)

2 credits
This course will focus on the policy considerations that Congress and Treasury weigh as they considered various international 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, what the solutions should look like. 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 LL.M. Taxation degree. This is an advanced tax course with priority enrollment for LL.M. in Taxation students.


INTERNATIONAL TAXATION (Pugh)

3 credits
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 LL.M. in Taxation students.

INTERVIEWING & COUNSELING (Snyder, A)

3 credits
This course provides advanced training in the skills of client interviewing and counseling.  The first part of the course is devoted to learning the specific micro-skills that make up effective interviewing through readings, demonstrations and role-plays. The second- part focuses on the counseling dimension of lawyer-client relationships. In addition to classroom preparation and activities, students will interview actual clients in various locales, including the USD Legal Clinic, the San Diego County Law Library Clinic, and several senior citizen centers. Ethical issues unique to interviewing and counseling are emphasized.  Lawyering Skills II or Practicum is highly recommended, but not required. Enrollment is limited; attendance at first class meeting is mandatory.  The course is graded on a 4-tier Pass-Fail basis.


INTRODUCTION TO UNITED STATES LAW (Devitt)

2 credits
Introduction to United States Law is a required course for Master of Comparative Law students. No other students may enroll. This course comparatively introduces distinctly American approaches to law, lawyering and legal processes. Special emphasis is placed on the common law tradition. This course is for LLMC students only.

LATIN AMERICAN LAW & INSTITUTIONS (Spector)

1 credit
There is a great distance between current legal institutions in Latin America and those that were originally designed and established. Nineteenth century Latin American constitutions drew a lot on the U.S. Bill of Rights and the French Declaration of the Rights of Man. In fact, they instituted representative democracy, the inviolability of individual rights, and untrammeled economic freedom.
 
During the twentieth century Latin American countries suffered from great political and legal instability, civil wars, massive human rights violations, economic crises, and a great number of experiments in land reform, emergency powers, financial confiscations, and constitutional engineering.  All these phenomena have impinged on Latin American institutions, legal culture, and social norms, thus creating what may be the most impressive natural socio-legal laboratory on earth.

The course will be theoretically minded.  It will discuss selected problems in Latin American law and institutions in the light of law and economics, law and development, and social and political philosophy.  No prior knowledge about Latin American politics or law will be needed.  The lessons to be drawn can be generalized to illuminate current legal and social problems in other developing countries and elsewhere.   They can also serve to assess various theoretical paradigms. This class meets for 7 weeks beginning on January 13, 2009. There will be one additional class meeting TBA. A research paper is required.  

LAW AND LITERATURE IN NINETEENTH-CENTURY AMERICA (Cantrell)

3 credits
In this course, we shall address the relation of literary and legal practices through close readings of works by Edgar Allan Poe, Frederick Douglass, Herman Melville, Henry David Thoreau, Harriet Jacobs, Harriet Beecher Stowe, George Washington Cable, Mark Twain, Pauline Hopkins, and Charles Chesnutt.  These readings will be supplemented by considerations of legal developments in the nineteenth century, with particular, though not exclusive, attention to the Reconstruction amendments.   Although most literary historians have characterized the relations between literature and law in the antebellum period as oppositional, with literary writers advocating higher or natural laws associated with racial justice and legal writers insisting upon an increasingly formal and technical positive law, the emergence of legal forms of antislavery thought, leading to constitutional emancipation, usefully complicates this narrative.  To what extent, then, does the movement towards constitutional emancipation shape literary writing, and how does literature inform, if not the law, then the imaginative and intellectual conditions in which it is written and interpreted?  This course’s assignments—a shorter essay (5-7 pages) and a longer research paper (15-20 pages)—will fulfill the writing requirement of the law school.


LAW AND POLITICS OF EDUCATION POLICY DEVELOPMENT (Kemerer)

3 credits
Educational policy development at the local and state level is a complex and convoluted process.  To give a limited number of law students and graduate education students an inside look on how educational policy is formulated, the School of Law and the School of Leadership and Education Studies co-sponsor this seminar under the auspices of the Center for Education Policy and Law (CEPAL).  The course encompasses readings, cases, and deliberations with the instructors and guest presenters, as well as interaction in the Bay Area and Sacramento with researchers, interest groups and labor unions, advocacy-based think-tanks, and key elected and appointed governmental officials.  The seminar this semester will focus on three key areas of law and policy: (1) school choice, charter schools, and voucher programs; (2) school accountability and finance reform; (3) racial and income isolation in California schools.  Two field trips will be conducted during the semester.  The two-day Bay Area field trip will include discussions with educational policy researchers and commentators at Stanford University and the UC-Berkeley School of Law (Boalt Hall).  The class also will meet with the general counsel and key leaders of the California Teachers Association in Burlingame.  The one-day Sacramento field trip will feature discussions with elected and appointment policymakers in the Governor’s office, state legislature, and education agencies.  Student travel and lodging expenses, but not meals, will be funded through CEPAL.  A research paper on a topic of the student’s choice related to educational policy development and a class presentation based on the paper are required.  This is a paper course that will fulfill the written work requirement. Co-teaching the course will be Scott Himelstein, former Acting and Deputy Secretary of Education for the State of California.  Class sessions will be held on eight selected Thursday evenings to be announced at the first class meeting. Of the eight sessions, three will be devoted to student presentations and one to a debriefing following the field trips. Note: Enrollment is limited to ten law students. Prerequisite: Education Law or permission of the instructor.


LAW OF AMERICAN DEMOCRACY (Auerbach)

3 credits
The seminar will explore the ways in which our Constitution and legislation implement the principle that democratic government is based on the consent of the governed. It will begin by examining democratic structures that differ from our own. It will then consider our federalism and the bicameral structure of our federal government; our system of legislative representation; the electoral college and selection of the President (including the election of 2000); the role and regulation of political parties and our two-party system; campaign finance (money and politics); proposals for electoral reform, including term-limits; the function of judicial review in a democracy, including judicial selection; and direct democracy at the local level, particularly in California. This class will fulfill the written work requirement.


LAWYERING SKILLS II (Player)

3 credits
Students receive training in a variety of legal skills, including interviewing, counseling, negotiating, drafting (memos, pleadings, correspondence, briefs), motion practice, discovery, trial advocacy and alternative dispute resolution. The course is specifically designed to follow-up on and expand the skills introduced to the student in the Lawyering Skills I course. The course methodology will combine 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 performed by the students in pairs. Four-tier Pass/Fail grading. Prerequisite: Evidence.

LAWYERING SKILLS LLMC (Morsek)

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


LEGISLATION (Rappaport)

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


MEXICAN LEGAL SPANISH (Vargas)

2 credits
Given the geographical contiguity of Mexico to the United States, the unprecedented volume of U.S. investments in Mexico (approx. 65% of total foreign investments), and the growing number of Mexican-Americans and Mexican nationals in this country, an increasing number of U.S. courts are deciding cases governed by Mexican law. This course will provide students already fluent in Spanish with a practical introduction to Mexican law, its codes and statutes, as well as to Mexican legal documents consisting of contracts, civil registry certificates, initial complaints, judicial judgments, Ejecutorias and Jurisprudencias. The course will also include attorney-client interviews, specialized terminology, and professional legal correspondence.  Students are graded by the standard letter grading system. This class will have a final examination.

MOOT COURT HONORS COMPETITION (Devitt)

1 credit
This course is designed to provide students with the opportunity to refine their written and oral advocacy skills by providing instruction in both the appellate process and the proper techniques involved in brief writing and oral argument.  This course will focus upon an actual appellate case and will include discussions with leading scholars in the law, appellate court judges, and practicing attorneys. Class meets on Fridays from 12:00-1:30 pm on January 16, January 23, January 30 and February 6, 2009.

NAFTA (Folsom)

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


NEGOTIATION (Player)

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


NEGOTIATION (Wied)

3 credits
Negotiation is an intrinsic part of our personal and professional lives. The course draws on principles taken from academic research on negotiation and illustrates them through practical exercises. The core of the course is a series of simulated negotiations that increase in complexity over the term. They are carried out both inside and outside the classroom. Bargaining styles, communication skills, and the various contexts in which negotiations take place are addressed, including lawyer/client, business transactions, and dispute resolution in family, business, personal injury, criminal and bankruptcy law cases. Lawyering Skills II course is recommended. Enrollment is limited. The course is graded on a 4-tier Pass/Fail basis.

PARTNERSHIP TAX (Burke)

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


PENSIONS (Rand)

2 credits
This course presents an overview of federal income taxation of qualified pension plans under ERISA.  Covered topics include: origin and development of private pension plans; requirements for qualified plan status, including vesting and nondiscrimination norms; limitations on contributions and benefits; taxation of employees, participants and beneficiaries; policy issues concerning the tax-favored status of qualified plans and integration of public and private pension systems. Prerequisite: Tax I


PERSUASIVE LEGAL WRITING & ANALYSIS (Carroll)

3 credits
Most practicing lawyers – whether transactional lawyers or litigators --spend a substantial amount of their time writing.  Unhappily, many lawyers do not write well.  Because writing ability is crucial to success in a legal career, this seminar will seek to teach motivated students to write direct, clear, concise, well-organized prose, and to edit and improve their own work.  Since the only way to learn to write is by writing, receiving feedback, and rewriting, in almost every class students will complete written exercises, which the class will then discuss and analyze.  In addition, students will be asked to complete weekly out-of-class writing assignments.  Several of these will be rewrites of previous assignments, using the tools and techniques identified in class and the editorial suggestions individually received from the professors.  

The exercises and assignments will also permit students to compose portions of legal documents with which they may not yet be familiar, such as pleadings, motions, and jury instructions.  In addition, since students have already had experience with objective legal writing, the seminar will emphasize persuasive legal writing, including persuasive factual statements, argument, and the effective use of legal precedent.  Finally, the course will focus on the importance of detail and of producing a quality written product.


The seminar is dedicated to the proposition that students can truly improve their writing ability through dedication, practice, and individualized feedback.  The course will meet twice weekly in seventy-five-minute segments, and will be limited to 8 students.  The in-class exercises, which students will not have a chance to edit and rewrite, will be graded solely on a check, check-plus, and check-minus basis.  While students will be asked to work hard in this seminar, there will be no final project. Permission is not required to take this class. Students are graded by the standard letter grading system. Students given permission to enroll in advanced legal writing may not be concurrently enrolled in persuasive legal writing & analysis.

PRACTICUM - CIVIL (Wharton)

3 credits
The Legal Practicum is an innovative and creative approach to legal education. The course simulates as realistically as possible the practice of law in a small firm setting. Participants are placed in two-partner firms and handle diverse cases. You will be taught by law school faculty and highly regarded local attorneys who specialize in the area of law in which you are working. (If you have taken Lawyering Skills II you are not eligible to take this course). Prerequisite: Evidence


PRIVACY & DEFAMATION IN THE UNITED STATES AND EUROPEAN UNION (Barnes)

3 credits
This seminar focuses upon the values underlying laws designed to insure freedom for the press.  They often collide with the interests promoted in the law of Torts as they relate to defamation, libel, and invasion of individual privacy.  This topic is explored from a comparative law perspective.  Students gain a working familiarity with the laws of the US, EU, and relevant international conventions, resolutions and treaties.  Knowledge of the main function and social relevance of constitutional democracies, and specific interest in individual rights are pre-requisite.  

PRODUCTS LIABILITY SEMINAR (Mackay)

3 credits
This course will focus on the basic theories of product liability, including negligence, strict liability, and breach of warranty.  We will explore the three types of product defects that incur liability in manufacturers and suppliers: design defects, manufacturing defects, and defects in marketing.  Apart from exploring the theories that underlie these cases, the course also will deal with practical problems faced by judges and litigators in product liability cases, including the complex litigation devices used to manage such cases (class actions, multidistrict litigation) and problems of proof.  Throughout the course, we will examine some of the most important pieces of products liability litigation, including litigation over breast implants, asbestos, and Vioxx; and we will discuss the future of products liability litigation. Take-home final exam.

PUBLIC INTEREST LAW AND PRACTICE (Fellmeth, R)

2 - 3 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 Law and Practice is subject to a special application procedure; please visit CPIL's offices (rear door of the LRC) for further information.

REAL ESTATE FINANCE (Raushenbush)

2 credits
This course surveys real estate security and financing both residential and commercial, including mortgages, deeds of trust, and installment land contracts. Coverage will be general, with some California emphasis.

RELIGION AND THE CONSTITUTION (Smith, S)

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


REMEDIES (Yeager)

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


SCIENTIFIC EVIDENCE (Shore)

3 credits
This course will address the technical requirements under California law for admissibility of both established and new forms of scientific evidence. Possible topics include fingerprints, serology, odontology, DNA and others. Students will apply the principles of admissibility by participating in realistic foundational hearings in the classroom, and will present papers on specific forms of scientific evidence. Pre-requisite: Evidence


SPECIAL EDUCATION AND THE LAW (Dalton)

2 credits
This class is designed to train students to respond to the legal needs of families whose children have physical, learning, or emotional disabilities. Course work covers the federal Individuals with Disabilities Education Act (IDEA), governing the rights of students with disabilities to special education and related services in public schools. Class includes the application of IDEA and federal regulations to the Individualized Education Program (IEP), placements, discipline provisions, procedural safeguards including due process hearings and legal remedies. Statutory and case law are utilized to assist students in understanding this complex and emerging area of specialization. No prerequisite.

SPORTS LAW (Simon)

2 credits
This course will address the often unique manner in which substantive law applies to the business of sports. Topics will include interpretation and enforcement of player contracts, antitrust, labor law and unions, governance of professional sports leagues by Commissioners, the role and regulation of agents, governance of collegiate and other amateur sports by NCAA and others, and remedies for gender discrimination in sports.

STATE AND LOCAL GOVERNMENT (Minan/Sansone)

2 credits
The State and Local Government course will examine the distribution and exercise of power by state and local government, both vertically and horizontally, within the federal system.   In addition to studying foundational structural principles, such as sources of authority and constitutional and statutory limits on its exercise, the course will consider emerging issues involving California state government and San Diego local government that dominate our lives today.   Students wishing additional detail are encouraged to consult the text for the class, which is State and Local Government in a Federal System (6th ed.), published by LexisNexis and authored by Daniel Mandelker, et al.  

One important objective is to learn how theory informs practice and how practice informs theory.  This will be accomplished through the use of problems, handouts, class discussion, and creative teaching techniques.   It is offered as a two-credit hour, exam-graded course.   Regular class attendance and participation are required.

TAX II (Winchester)

3 credits
Tax II involves a study of the basic concepts of federal income taxation of 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 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

TAX LITIGATION (Carpenter)

2 credits
This course provides a comprehensive review of prelitigation IRS administrative procedures, practical analysis in the selection of a choice of forum to litigate a federal tax dispute, pre-trial practice and case analysis, trial techniques and strategies when litigating a federal tax dispute before the U.S. Tax Court, and a review of refund litigation. Prerequisite: Tax I. This is an advanced tax course with priority enrollment for LL.M. in Taxation students.

TAX POLICY (Laro)

2 credits
Tax Policy is a reflection of the country's social, economic and political history. Alongside the question of how much to tax, is the critical decision of how to allocate the tax burden among the various taxpayers. Deciding who is to be taxed and how much to tax them is the substance of this course on the tax policy. We will examine tax policy by looking at the tax legislative process, the policy makers, and various code provisions as part of the focus on various tax issues and problems. Students will be required to write short papers on tax issues throughout the course. Grades will be based on the short papers and the final paper. A final paper on an assigned subject will be due after the class ends. The final paper is not intended to and does not fulfill the J.D. Written Work requirement of the law school. This is an advanced tax course. Prerequisites: Tax I & II (LLM’s may take Tax II concurrently) Class size is limited. (This class begins January 21 and ends March 4, 2009.) 

TAX POLICY (Snyder, L)

2 credits
This seminar will focus on three selected areas of tax reform: (1) Problems with the realization requirement and inconsistent treatment of different sources of income (earned v. unearned); (2) Revising the way we tax businesses (public and private); and (3) Analysis of some consumption tax proposals (including a national sales tax, the Flat Tax, and the Value Added Tax. [Selected issues in capital gains and losses and taxation of the family unit may also be explored.] The primary goal in studying these areas is to better understand the rationale for several areas of current tax law. The assigned material will include law review articles and excerpts from the most recent tax legislation passed by Congress. There is one paper assignment (10-12 pages). Each week students will also be assigned to respond to questions regarding each assignment. Designated as a perspectives course in the graduate tax program. Prerequisites: Tax I and Tax II or their equivalents. Textbooks assigned for this course:

1. FEDERAL INCOME TAX, CODE AND REGULATIONS, SELECTED SECTIONS, CCH, Martin Dickinson, Editor (2008-2009 Edition). Required. [ The full two volume (CCH) of the entire Internal Revenue Code is not essential for this course.]
2. There are three new Tax Acts (as of 11/1/08) that you are NOT REQUIRED to purchase, but the Bookstore has some copies if you want them:

Emergency Economic Stabilization Act of 2008, Law Explanation, and Analysis, CCH. Housing Assistance Tax Act of 2008, Law, Explanation, and Analysis, CCH.

Heartland, Habitat, Harvest, and Horticulture Act of 2008; Heroes Earnings Assistance and Relief Tax Act of 2008, CCH. 

DOUBLE TAKE: UNEQUAL TAXATION OF EQUALS, by Lester B. Snyder, Published by Vandeplas Publishing (2007).  Book is REQUIRED.

FEDERAL TAX POLICY: Material, Assignments, and Readings,  [THIS COURSE PACKET],  Lester B. Snyder, 2008-2009.   REQUIRED.

TAX RESEARCH AND COMMUNICATIONS (Keiser)

3 credits
This course involves an intensive examination of federal tax research techniques, including an evaluation of legislative history and administrative authorities. Students are required to research and prepare complex tax documents such as protests, opinion letters, memoranda of law, and Tax Court petitions. The course may not be counted toward the LL.M. if the candidate elects to write a thesis.

TRUSTS AND ESTATES: COMMUNITY PROPERTY (Wesley)

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

TRUSTS AND ESTATES: WILLS & TRUSTS (McCouch)

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

UNIFORM COMMERCIAL CODE: SALES (Kelleher)

3 credits
This course examines the reciprocal rights and obligations of sellers and buyers of goods through a study of Article 2 of the Uniform Commercial Code. Emphasis is placed on contract formation principles, statute of frauds, sources of contract terms, warranties, good faith and unconscionability, performance and breach, and remedies. The relationship of Article 2 to common-law contract principles is also explored. There are no prerequisites.

VALUATION (Laro)

2 credits
This course encompasses the ever expanding body of law as it relates to valuation of business interest. Topics include the proper standard of valuation, various valuation methods, and the use of discounts and premiums. The class will review business valuation issues with respect to family limited partnerships, estate planning, corporation transactions, and other areas. Cutting edge issues such as valuing high tech companies will be covered. Prerequisites: Tax I; Tax II and/or Corporations is recommended.  This is an advanced tax course with priority enrollment for LL.M. in Taxation students. (This class begins January 21 and ends March 4, 2009.) 

CLINICS, INTERNSHIPS & EXTERNSHIPS

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Child Advocacy Clinic: Policy I (1-3 credits)
Child Advocacy Clinic: Policy II (1-3 credits)
Child Advocacy Clinic: Delinquency I (4 credits)
Child Advocacy Clinic: Delinquency II (1-4 credits)
Child Advocacy Clinic: Dependency I (4 credits)
Child Advocacy Clinic: Dependency II (1-4 credits)

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

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

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

 

LEGAL CLINICS CLASS OFFERINGS

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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.

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

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

Criminal Clinic I (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.

Criminal Justice Experience (Formerly Perspectives in Criminal Justice) (Berend) 3 credits

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. 

Energy Law & Policy Clinic (Reed) 1-3 credits

The Energy Law and Policy Clinic provides students an opportunity to conduct legal and policy research in cooperation with a related agency, such as the California Public Utilities Commission (CPUC) and the California Air Resources board. Agency staff, EPIC staff, and students work together to select one or more energy-or-climate change-related legal or policy research topics. Under the supervision of a practicing attorney and EPIC staff, students conduct a semester-long research project on the selected topic(s). Students will present results to the agency staff at the end of the semester. Prerequisite: Energy Law

Entrepreneurship Clinic I and II (Matias) 2-3 credits

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

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

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

Federal Tax Clinic (Carpenter) 2-4 credits

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

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

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

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

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

Landlord Tenant Clinic I & II (Gruber) 3-4 credits

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

Public Interest Law Clinic (1-3 credits)

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

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

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

Special Education Clinic I & II (Dalton) 1-4 credits

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

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

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

Agency Internship (Lopez/Schmied) 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 or criminal appellate law field in Southern California. During the summer, the employer can be either in the civil field or in the trial or appellate criminal field in Southern California. Students participate in primarily on-line class sessions involving small group discussions. Students are required to prepare weekly summaries of their work and complete a writing assignment. For more information about the Agency Internship Program, see the handout http://www.sandiego.edu/law/documents/career/AgencyInternshipProgram.pdf. If you have been accepted into an internship placement and want to apply for the internship course, fill out the application http://www.sandiego.edu/law/documents/career/InternshipApplication.doc submit it to Jennifer Schmied, Esq., in Career Services. If you have any other questions contact Jennifer Schmied at jdschmied@sandiego.edu or (619) 260-4771.

Judicial Internship (Paul 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).