Course Descriptions For:
First Year Required
CIVIL PROCEDURE II
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
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.
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.
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.
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.
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.
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.
Last Updated: 6-15-2009
CIVIL PROCEDURE II (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.
PROFESSIONAL RESPONSIBILITY (Papageorge)
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 (Burke)
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.
Last Updated: 6-15-2009
ADVANCED CORPORATE TAX PROBLEMS (Shaw)
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 LLM in Taxation students. This class meets for 10 sessions TBA.
ADVANCED ENVIRONMENTAL LAW (Lazarus)
Environmental Law in the Supreme Court
This course will explore the role of the United States Supreme Court in the shaping of the nation's environmental and natural resources laws. Students will review and discuss some of the most significant Supreme Court rulings and Justices, on selected topics ranging from the nation's early years and extending to current times and issues now before the Court. The seminar will also examine the role of advocacy before the Court in environmental cases. The assigned readings for the course will go far beyond the Court's opinions themselves, and extend to in-depth examination of the briefs and oral arguments as well as, when available, draft opinions and interchamber and intrachamber memoranda prepared by the Justices and their law clerks during the Court’s internal decision making process. The purpose of this introductory class will be to introduce students both to the scope and meaning of environmental law and to the workings of the Supreme Court. The class will meet a total of six times, February 19-20, March 19-20, and April 9 & 10, 2010. There will be a different topic for each of those two-day sessions. Environmental law is not a prerequisite for this class.
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 email@example.com
Students given permission to enroll in advanced legal writing may not be concurrently enrolled in persuasive legal writing & analysis.
ADVANCED SECURITIES REGULATION (Krause)
The Advanced Securities Regulation class will cover the 1934 Securities Exchange Act and related regulations. This Act primarily covers the rules relating to the trading of securities. It regulates the securities markets, and various market participants such as stock brokers. It also provides the rules for federal securities litigation. The course will also cover proxy rules, tender offer rules, insider trading, mutual funds, state law issues, and SEC enforcement actions. Corporations is recommended but not required. The first class meets on Thursday, January 14, 2010.
ADVANCED TRIAL ADVOCACY (Lasry)
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.
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. LLM 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.
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.
BIOTECH PATENT LAW (Mullen)
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)
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 TORTS (Horton)
Business Torts is a three-credit upper-division course that surveys the main common-law tort claims, defenses, and remedies, as well as sampling various statutory claims and remedies associated with non-criminal commercial litigation. Topics include conversion, unfair competition, interference with contract, injurious falsehood, trade secret misappropriation, misrepresentation, deceptive advertising, and Civil RICO. Students are encouraged to take Business Torts prior to or while they are taking such courses as trademarks, antitrust, securities litigation, intellectual property, employment law, and creditors' remedies. At the instructor's option, the course grade may be based in whole or in part on a paper.
COMPARATIVE CONSTITUTIONAL LAW (Claus)
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 ENVIRONMENTAL LAW AND REGULATION (McAllister)
Environmental protection has become an important function of government in countries with distinctly different legal systems and political traditions. This course utilizes the methods of comparative law and sociolegal analysis to examine and explain variations in environmental law and its implementation. The course will broadly examine the factors that explain the similarities and differences in different countries’ approaches to environmental regulation and how these affect the success of environmental law. Specific topics to be considered include variations in regulatory style; compliance and enforcement gaps; citizen and community mobilization; the role of legal institutions; information and market-based regulatory approaches; the impact of international trade and environmental treaties on national environmental law; and climate change treaty negotiating positions.
Classes will be held at the School of International Relations & Pacific Studies, on the campus of UC San Diego. There will be 9 class sessions: 1/14, 1/21, 1/28, 2/4, 2/11, 2/18, 2/25, 3/4, and one more to be scheduled at a mutually convenient time. Written work credit will be offered for the completion of a suitable research paper.
COMPARATIVE LAW (Vargas)
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.
COMPLEX LITIGATION (Schulman)
This course offers in-depth instruction in how class actions and other aggregate party lawsuits are litigated in federal courts, taught by a trial lawyer with more than 30 years experience litigating class actions. The course covers the case law and practice skills involved in litigating cases under Rule 23, with special focus on several important substantive areas of class action practice – consumer, securities fraud, employment discrimination, and mass tort. Prerequisite: Civil Procedure
CONSTITUTIONAL LAW II (Schwarzschild)
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
CONTEMPORARY WATER LAW ISSUES (Minan)
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.
COPYRIGHT LAW (Bell)
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 GOVERANCE SEMINAR (Formerly titled Advanced Corporate Law Seminar (Dallas)
This seminar explores current issues in corporation law arising from globalization, corporate wrongdoing crisis. It explores the influence of politics, economics and culture on corporate statutes, case law, international standards of conduct and rules of the Securities Exchange Commission and self-regulatory entities. This seminar covers current controversies in corporation law through examining recent law review articles on U.S. and foreign systems. Topics covered include shareholder voting, proxy access proposals, the impact of institutional investors on corporate governance, the regulation of boards of directors and board committees, the role of independent directors, the criminal prosecution of corporations and individual officers, the nature and extent of director and officer fiduciary duties, tender offers, insider trading and corporate social responsibility. The students are expected to prepare a paper on a U.S. or comparative corporate law topic. Prerequisite: An introductory course on U.S. or foreign corporation law or corporations may be taken concurrently.
CORPORATE FINANCE (Partnoy)
This course covers the core concepts of finance as they relate to the study and practice of law. Topics include financial statement analysis, capital budgeting, valuation of stocks and bonds, risk management, portfolio theory, derivatives, and corporate financial management. The course includes quantitative concepts and exercises, and students are required to use a spreadsheet program, such as Microsoft Excel. Prerequisite: Corporations
CORPORATE INNOVATION & LEGAL POLICY (Lobel)
What are the optimal policy ingredients and business strategies for managing innovation? How can business leaders, inventors, lawyers, and policymakers benefit from the connections between corporate success, intellectual property, and human capital? The course will connect management strategies to intellectual property law and employment practices (EIP law). We will examine corporate policies and disputes over the control of ideas, secrets, skill and intellectual property. In particular, we will analyze non-compete contracts, trade secrets and non-disclosures, information privacy, economic espionage, employee duties of loyalty, including prohibitions on customer and co-worker solicitation and raiding for competitive endeavors; and employer ownership over inventions and artistic work, including pre-invention patent assignment agreements and work-for-hire disputes.
In the past few years, the black box of innovation has been pierced with a plethora of new interdisciplinary research and practice. Moreover, American industry and policymakers, like other countries around the world, are debating the benefits of existing EIP laws. In the course, we will bring together these various developments to identify how companies can sustain their innovative capacities and to assess how differences in regulatory and contractual arrangements in the employment relationship can impact key aspects of innovation, such as the rate of patent filings, the level of network participation in intellectual and creative endeavors, individual motivation to innovate, organizational behavior, and talent mobility. The course is designed for both JD and MBA students. Students will be required to write a paper. This class will fulfill the written work requirement. This class is cross-listed with UCSD. There are 5 class sessions that will meet on the UCSD campus: January, 12, 19, 26, February 2 and March 16, 2010. All remaining sessions will be held at USD.
CORPORATE REORGANIZATION (Ferguson)
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 LLM in Taxation students.
CORPORATIONS (Dallas, 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.
CRIMINAL PROCEDURE I (Kamisar)
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)
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. Prerequisites: Criminal Law and Criminal Procedure I. This course no longer fulfills the written work requirement.
CYBERSPACE LAW (Henning)
Cyberspace Law has been characterized as the study of how information is regulated in a world linked by computer networks. The focus on this class will be on jurisdiction, First Amendment, intellectual property, and privacy issues in cyberspace. Although students may have knowledge of these subjects from other courses, there are no prerequisites to this class. There will be a final examination at the end of the course.
ELECTION LAW (Maienschein)
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 DISCRIMINATION (Heriot)
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. The Americans with Disabilities Act will also be discussed to a lesser extent. 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.
ENVIRONMENAL LAW (McAllister)
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)
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.
ESTATE PLANNING (Lilly)
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), Federal Estate and Gift Taxation, and T&E: Wills & Trusts. This is an advanced tax course with priority enrollment for LLM in Taxation students.
ETHICS, POLITICS & THE LAW (Spector)
Contemporary public policy and legal debates in both the domestic and international arenas involve an intricate network of moral, political, and legal considerations. The seminar’s ambitious goal is to throw light on the relations among these three fundamental realms: ethics, politics, and law.
After a general introduction, we will proceed to discuss the following topics: conceptions of liberty and equality, democracy and public deliberation, human rights, and the rule of law. Our attention will be focused on issues that cross national boundaries: Is democracy more important than the rule of law? Does economic equality threaten liberty? Are welfare rights compatible with civil liberties in illiberal democracies? What’s the place of choice in social welfare regimes? Is well being synonymous with income?
In the last part of the seminar, we will deal with complex global issues: wars and military interventions, terrorism, and global justice. Can military force be used to protect human rights? Should rich nations transfer money to poor countries? Should pharmaceutical patents be enforced in the undeveloped world? Is there a global community? Students will be required to write a short paper (10-12 pages).
EUROPEAN UNION LAW (Scoffoni)
This course is a general introduction to the legal system of the European Union and the areas of substantive law most relevant to the creation of the Single European Market. The origin, characters and objectives of the European construction will be first discussed. We will then study, in particular, the E.U.’s governing institutions and its lawmaking processes, the system of legal remedies and the jurisdiction of the European Court of Justice and the fundamental principles of the relationship between E.U. law and the domestic law of the 27 Member States.
The course will also focus on European freedoms and fundamental rights with an emphasis on the “constitutional” and “federal” issues. This class meets on Tuesdays, Wednesdays & Thursdays from 4:00-5:20pm and Fridays from 10:00-11:50am starting on January 12 and ending on January 22, 2010. Note this class does not fulfill the written work requirement.
EVIDENCE (Devitt, Dripps)
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.
EVIDENCE ADVOCACY LABORATORY (Berend)
Course is limited to 8 students, with priority to 3rd year students. This limited-enrollment course designed to familiarize students with the practical application of evidentiary points addressed in the traditional Evidence course. The class focuses on one or two areas in evidence each week. Using a problem format, each student is assigned a number from 1 to 4 for the semester. Each problem involves a proponent, opponent, witness and judge. Students are assigned a role in each problem by number, and are responsible for performing that role in class. Each student can expect to perform two problems each week. The students rotate roles each week. The obvious emphasis is to teach each area of evidence through performance. By the end of the semester, each student should be comfortably able to determine what it is he or she wished to accomplish in a courtroom with respect to specific evidentiary questions, and be able to structure the most logical, persuasive and trouble-free means to that end. Students are responsible for two written assignments. One is an in limine motion due midway through the semester. The other is a final trial brief which will be performed during the last week of class. Preference is given to students who will be in their third or fourth year at the time the course is offered.
FAMILY LAW (Kalemkiarian)
This course will provide students an overview in the significant (and fascinating) subject areas considered a part of family law practice: marital status (including current developments in the legal definition of “spouse” and “family”), paternity, support (child and spousal), child custody, third party custody rights, characterization of property (community property and separate property), domestic violence, and pre-marital agreements. Students will also become familiar with the essential procedural issues in practicing family law in California. The course will use a family law case book, and supplemental readings in recent cases and psychological research. There will be a final exam, and while there will be no mid-term exam, there will be a mid-term assignment. Students who have taken Professor Wesley’s community property course may find some material repeated, but community property will be only one segment of the material in this course.
FEDERAL COURTS (Mackay)
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)
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.
FEDERAL ESTATE & GIFT TAXATION (Formerly called 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. Prerequisites: Trusts and Estates (Wills and Trusts) and/or Tax I (Federal Income Taxation).
INCOME TAX OF TRUSTS & ESTATES (Harris)
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 LLM in Taxation students.
INTELLECTUAL PROPERTY SEMINAR: CURRENT ISSUES IN INTELLECTUAL PROPERTY (Ramsey, L)
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 You Tube, 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).
INTELLECTUAL PROPERTY THEORY SEMINAR (Sichelman)
This seminar will examine the theoretical foundations and critiques of intellectual property law, including patent, copyright, and trademark law. The course will explore a host of philosophical theories, including utilitarianism, Lockean labor-desert, libertarianism, democratic governance, and post-modernist critiques, as well as contemporary economics-oriented approaches, such as incentive-public goods, commercialization, public choice, search-cost, and business strategy models. Grades will be based on a final paper. No background in philosophy or economics is necessary, but students must have taken a course in some area of intellectual property (IP survey, copyright, patent, and/or trademark).
INTERNATIONAL ARBITRATION (Page)
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. The final exam will be held during the last class meeting. Students are graded by the standard letter grading system.
INTERNATIONAL BUSINESS TRANSACTIONS (Folsom)
This course provides an introduction to problem-solving and the legal aspects of international sales, trade regulation, licensing and investment transactions. Possible topics include sales contracts, letters of credit, export and import regulation, technology transfers, licensing, foreign investment, and international business dispute settlement. The focus will be transactional, with attention to the structure of relationships and the anticipation and avoidance of disputes. Grading is by exam or problem assignments.
INTERNATIONAL CIVIL LITIGATION (Ramsey,M)
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 ENVIRONMENTAL LAW (Vargas)
The course is designed to analyze some of the major international environmental problems of interest to the United States. A wide variety of current and traditional transborder legal questions regarding international rivers, marine and air pollution, toxic waste and hazardous materials, endangered species, and nuclear radiation are discussed. Special emphasis is given to contemporary legal questions, including a special segment devoted to analyzing the bilateral environmental issues with Canada and Mexico. A research paper is required.
INTERNATIONAL FINANCE TECHNIQUES (Forry)
International finance techniques have become increasingly effective but technically challenging. This course first covers key legal and tax issues common to most international financings. Separate units then cover several of the most common cross-border finance techniques, analyzing key elements of each technique and providing examples of legal and tax regimes and specific transactions to illustrate such techniques. At the beginning of the course, students are assigned to teams. Each team is provided with a brief case study proposing one of the finance techniques covered in the course. In the final session of the course, each team makes a presentation covering the key elements and issues of the finance technique in its case study. Prerequisites: Corporate Finance is strongly suggested or another finance-oriented course. This class will meet for 10 sessions on January 29-30, February 12-13, 26-27, March 5-6 & March 19-20.
INTERNATIONAL NEGOTIATION (Wiggins, C.)
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 LLM 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 5-6; February 12-13; and April 9-10, 2010. Attendance at all sessions is mandatory.
INTERNATIONAL SALES TRANSACTIONS (Lawrence)
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 (Lilly)
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.
INTERVIEWING & COUNSELING (Snyder, A)
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.
IP STRATEGIES (McGowan, D)
This course studies how firms in different markets use intellectual property rights. The point is to see how different rights affect different business models. The class will meet (in person or virtually) with business people and lawyers from different firms; during these sessions students will lead discussion and ask questions. Students will then write short (2-3 pages) papers on the relationship of IP rights to the business model in question. These papers will be discussed among students the following week. Possible models include Google Books, computer games, motion pictures, and open-source software. Grading will be based on the quality of questions asked the business people and on the papers. There will be no final. Prerequisite: One of the following, IP Survey, Copyright, Patent Law, Trademark Law or Trademark Seminar.
LABOR LAW (Wolds)
This course offers an introduction to federal labor laws that effect collective bargaining relationships, negotiated agreements, National Labor Relations Board rules and procedures, federal court jurisdiction, labor arbitration, and the rights of individual union members. This course will not consider other employment laws, employment litigation, or alternative dispute resolution procedures that are covered in other classes offered by the School of Law or the employee benefits class offered by the Graduate Tax Institute. This class requires no prerequisite course work.
LATIN AMERICAN LAW and INSTITUTIONS (Spector)
There is a great distance between current legal institutions in Latin America and those that were originally designed and established 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 14, 2010.
LAW AND POLITICS OF EDUCATION POLICY DEVELOPMENT (Kemerer)
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 are co-sponsoring 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) increasing use of technology on and off campus through electronic communication devices and on-line learning; (2) school and community college accountability and finance reform; (3) racial and income isolation in California education. Two field trips will be conducted during the semester. The one-day Bay Area field trip will include discussions with educational policy researchers and commentators at Stanford University and Stanford Law School. 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 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 eight law students. Prerequisite: LWFC 530 Education Law.
LAW AND THE BRAIN (Kolber)
This course applies insights from cognitive science and neuroscience to questions of law and policy. We will discuss issues that have long vexed lawyers and judges related to the insanity defense and to the limitations of eyewitness testimony. We will also discuss cognitive biases in our preferences and decisions that arguably challenge the models of human behavior used by law and economics scholars. Lastly, we will explore emerging legal and ethical issues raised by advances in neuroscience, including new forms of brain imaging to detect lies and new pharmaceuticals that enhance memory and cognition beyond our natural abilities. Students will write an original research paper and present this research to the class at the end of the semester.
LAW OF AMERICAN DEMOCRACY (Auerbach)
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)
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)
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 ETHICS SEMINAR (McGowan, D)
This class will study current topics important to the legal profession. Probable topics include the OLC "Torture Memos," the constitutional standard for effective representation, the boundary between representation and conspiracy, and the changing economics of the profession. Students will be offered a choice of topics and will write two short (5-10 pages) on topics they choose. Students will present their papers and discuss the topics with each other. Grading will be based on the papers and on class discussion. There will be no final. Prerequisite: Professional Responsibility
MEDIATION SKILLS (Wiggins, C)
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.
MOOT COURT HONORS COMPETITION (Devitt)
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 for 4 sessions.
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 is an intrinsic part of our personal and professional lives. With study and practice, negotiation skills can be dramatically improved. 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 techniques, cognitive barriers to communication and the impact of emotions on negotiations are explored. Then, 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. The course concludes with an introduction to mediation. Enrollment is limited. The course is graded on a 4-tier Pass/Fail basis.
OUTBOUND INTERNATIONAL TAX PLANNING (Pugh)
This course in an introduction to U.S. tax planning for U.S. persons who invest or do business outside the United States. The course will include an examination of such topics as the U.S. tax rules for sourcing income and deductions; the U.S. foreign tax credit; international tax treaties; the special U.S. tax regime for controlled foreign corporations; the limitations on the U.S. foreign tax credit; international tax arbitrage; aspects of tax planning for export operations; exploitation of intangible property rights abroad and foreign direct investment.
The materials to be used in this course include Gustafson, Peroni and Pugh, Taxation of International Transactions (3d ed. Thomson West 2006); International Income Taxation - Code and Regulations - Selected Sections - 2009-2010 Edition (CCH Inc.) and other materials to be distributed from time to time. It is recommended that students in this course have previously taken an introductory course on U.S. international taxation.
PATENT LITIGATION II: REMEDIES AND THE ITC INVESTIGATIONS (Panikowski, S)
Remedies in patent litigation present a variety of strategic, theoretical, and practical challenges for lawyers and clients. This course will explore these challenges through a combination of seminar-style discussions and practical exercises. A portion of the course will also focus on an increasingly important forum, the United States International Trade Commission, that offers special remedies and poses some unique jurisdictional and strategic challenges.
Course grades will be based primarily on several written submissions and a mock oral argument during the semester. Examples of possible written assignments are a strategy memorandum, a motion, and a proof outline. There will be no final exam. The only prerequisite is Patent Law. Patent Litigation I is recommended but not required. No technical background is required.
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)
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 9 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)
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
PRODUCTS LIABILITY SEMINAR (Mackay)
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.
PUBLIC INTERNATIONAL LAW (Schwarzschild)
Public International Law examines the origin, content and operation of the law applicable to the conduct of nation states and international organizations and to their relations with one another. Particular attention is given to the relationship between international law and national law, international agreements, use of force, terrorism, peaceful settlement of disputes, jurisdictional principles, human rights, the status of individuals under international law, state responsibility and remedies, legal protection of foreign investment and the law of the sea.
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)
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. Prerequisite: Evidence
SPECIAL EDUCATION AND THE LAW (Dalton)
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)
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)
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 (Burke)
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)
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 LLM in Taxation students.
TAX POLICY (Laro)
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 JD Written Work requirement of the law school. This is an advanced tax course. Prerequisites: Tax I & II (LLM’s may take Tax II concurrently)
TAX RESEARCH AND COMMUNICATIONS (Shaler)
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.
TRADE SECRETS (Panikowski, K)
This course takes a theoretical and practical approach to learning trade secret law by employing both the socratic and case methods of instruction. A range of issues will be explored, including examination of what constitutes a trade secret, the intersection of trade secret law with other bodies of law, strategies for determining what constitutes a protectable trade secret, the methods for protecting trade secrets, and litigation tactics when trade secrets are at issue. Class sessions will include active discussion and analysis of the law and the policies behind the law. In addition, we will examine documents that seek to protect trade secrets and that appear in trade secret litigation. Students will be “on call” several weeks during the session. Prerequisite: Property. Grade determined by final exam, assignments and class participation.
TRUSTS AND ESTATES: COMMUNITY PROPERTY (Wesley)
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.
UNIFORM COMMERCIAL CODE: SALES (Dessent)
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.
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 LLM in Taxation students.
WHITE COLLAR CRIME (Attanasio)
The course will cover a variety of topics related to the defense and prosecution of "white collar" criminal offenses, with a particular focus on emerging trends in the law arising from recent corporate scandals and prosecutions. The lectures will emphasize strategies for conducting internal investigations of corporations and their officers and directors, as well as tactics used by law enforcement in conducting white collar grand jury investigations and criminal prosecutions. In this regard, the course will be geared towards students interested in pursuing careers as prosecutors or criminal defense attorneys, as well as those who may represent corporate clients generally.
WORK, WELFARE & JUSTICE (Lobel)
The course explores the relations between public policies and the new political-economy. The new economy, with its increased demands for flexibility and competitiveness, new technologies, and rapid globalization, has dramatically altered the nature of work relations, economic production, social organization and the roles of public and private entities in promoting growth, justice and fairness. In this class, we will explore at a number of policy fields, including issues in employment and labor laws, education and schooling law, environmental law, health law, discrimination policies and consumer law. These issues will be examined from an interdisciplinary perspective for understanding the challenges of law-in-action. We will think of practical questions of the comparative effectiveness of various regulatory mechanisms and the more theoretical aspects of legal means and social ends. Students will be required to write a paper.
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)
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.
Civil Clinic I (Snyder/Gruber) 3-4 credits
Civil Clinic II: (Snyder/Gruber) 2-4 credits
Students interview, counsel and represent clients at Superior Court or in administrative hearings in a wide variety of cases under the supervision of an attorney. Students draft pleadings and correspondence, as well as confer and negotiate with opposing counsel/parties. Weekly group meetings are combined with individual case conferences to provide intensive personal training in litigation techniques, problem solving and case management. Students also learn general civil litigation practice and procedures. Prerequisites: Civil Procedure, Evidence and either Practicum or Lawyering Skills II.
Criminal Clinic I (Ramirez) 4 credits
Criminal Clinic II 2-6 credits
This is a clinical course that places students with a prosecuting or defending trial agency in the criminal justice system. Criminal Clinic I has a two-hour per week classroom component that provides simulations, lectures and discussions in the most common areas of criminal practice. Prerequisites: Evidence, Criminal Law, Criminal Procedure I, and Lawyering Skills II. Recommended but not required: Criminal Procedure II. Important Note: Criminal Clinic has a different registration deadline. Please contact Professor Ramirez for information on deadlines and additional registration materials.
Criminal Justice Experience (Formerly Perspectives in Criminal Justice) (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.
Energy Law & Policy Clinic (Reed)
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)
Through hands-on opportunities, students in the Entrepreneurship Clinic provide pro bono legal services to low- and moderate-income entrepreneurs who want to start or expand their small businesses. The Entrepreneurship Clinic does not engage in litigation-related services; instead, it focuses on advising clients on legal matters relating to starting their business and assisting in drafting and filing necessary documents. Such work includes: determining the appropriate choice of business entity, assistance in obtaining necessary permits and licenses, advising on employment and independent contractor issues, drafting and reviewing commercial contracts and leases, and assisting with the establishment of tax-exempt organizations. No prerequisites.
Environmental Clinic I (Wharton) 2-4 credits
Environmental Clinic II 1-5 credits
This is a clinical course for students who wish to develop litigation skills in the context of environmental law. All work is performed under the direct supervision of the director of the Environmental Law Clinic. This clinic focuses on impact litigation. There is a two-hour per week classroom component, as well as a regular meeting with the director of the Environmental Law Clinic. Prerequisite: Environmental Law, which may be taken concurrently.
Federal Tax Clinic (Carpenter)
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)
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)
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)
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
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)
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)
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)
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.
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/academics/clinical_education/programs/agency_internship.php. 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/Internshipapplicationform2.pdf submit it to Lizzette Herrera Castellanos in Career Services. If you have any other questions contact Tom Papageorge at firstname.lastname@example.org or (619) 260-4806.
Entertainment, Sports and Intellectual Property - Internship Program
The Entertainment, Sports and Intellectual Property Internship Program (the “Program”) allows students to receive academic credit for working in (a) a law department of an entertainment or sports industry company, talent guild or trade association, or (b) the intellectual property (“IP”) law department of a company or trade association. 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.
In addition to the work component of the Program, students will have regular contact with the Internship Director or his or her designate (who may be a faculty supervisor) who will closely monitor and correspond with students individually and as a group throughout the semester, assign various written projects such as a weekly journal and a final paper, and review samples of students’ written work from the internship. It is anticipated that students working in entertainment and sports internships will have an in-person group class session with an entertainment or sports law practitioner in Los Angeles, and that students working in IP will have a similar in-person session with an IP practitioner in San Diego. Students far from those locations may be connected via conference call.
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 http://www.sandiego.edu/law/documents/career/Sports-Entertainment-IPapplication.pdf to have their placement approved for the Program. Employers who participate in the Program must commit to following the requirements of the Program. Students work a minimum of 60 hours per unit of credit. For more information about the program, see the handout http://www.sandiego.edu/law/documents/career/EntertainmentSportsIP-coursedescriptionSpring2010_001.pdf
Judicial Internship (Paul Horton)
The Judicial Internship Program allows students to receive academic credit for work in a judge's chambers in San Diego. Students must work 60 hours per unit of credit. In addition to the work component of the Program, students enrolled in the program will have regular contact with the Program's instructor, Professor Horton, who will meet with students individually, assign various written projects (such as a journal and a final paper), and review samples of the student's written work from the internship. The program is limited to a total of 20 students per semester or summer term. Preference is given to students who are in, or who are about to enter, their final law school year.
Professor Horton has a manual that explains the judicial internship process; interested students should be sure to pick up a copy of the manual. Students can secure their own internship position or can meet with Professor Horton for guidance in securing a placement. Students must receive approval from Professor Horton to register for this program. Prerequisites: preferred: 1L curriculum, Law Skills II (trial-court placements), and Criminal Procedure (appellate-court, magistrate judge, and criminal-department placements).
Mediation Internship (Lopez)
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.