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 (McGowan, D)
This course explores the law and ethics of lawyering, with special attention to the disciplinary rules of the profession. Topics include the sources of professional regulation, the protection of confidential information, the limits of partisanship, conflicts of interest, the lawyer-client relationship, and access to legal services. Required for upper-class students.
TAX I (Lilly)
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.
ADVANCED CHAPTER 11 REORGANIZATION (Giacinti)
This course focuses on business reorganization under Chapter 11 of the Bankruptcy Code. It features lectures followed by practical application by teams of students divided into the roles of debtor-in-possession counsel, official creditors committee counsel, and secured creditor counsel.
The teams of students will be provided a troubled business, inclusive of assets, liabilities, secured and unsecured debt. Presented with financial statements, schedules and a statement of affairs, the student teams will rotate roles as debtor-in-possession counsel, creditor committee counsel, secured creditor counsel and U.S. Trustee. The teams will prepare pleadings, present and argue critical phases of the business reorganization process and seek confirmation of a Chapter 11 plan of reorganization. A basic Bankruptcy course is a prerequisite. Grading will be in the traditional letter grading scale. Final grade will be based on exam, plus plan and disclosure statement presentations.
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 - Environmental Law in the Supreme Court (Lazarus)
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 decisionmaking 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 25-26, March 25-26, and April 15 & 16, 2011. There will be a different topic for each of those two-day sessions.The final grade will be based on three short papers, one for each two-day class session. All three papers will be responding to questions posed about the cases studied rather than research papers. In addition, the course grade can be raised by one-half grade if the quality of the classroom participation is significantly higher than the written papers. Class attendance is a course requirement. 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 H, P, LP and F. Students interested in taking this course need pre-approval from the professor. Please e-mail firstname.lastname@example.org
ADVANCED TRIAL ADVOCACY (Washington)
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. This course will have a take-home final exam. 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.
BUSINESS PLANNING (Friedman)
This seminar combines advance work in Corporations, Federal and State Securities laws, and Federal Taxation in the context of business planning and counseling. The course is based upon a series of problems involving common business transactions which present corporate securities law and tax issues for analysis, and resolution. The problems cover such topics as factors in the decision to incorporate; the formation of partnerships, limited liability companies, and corporations, both closely held and publicly owned; securities law considerations in raising capital; corporate distributions; the sale and purchase of businesses; mergers and other forms of acquisition; and recapitalization, division, and dissolution of corporations. A research paper is required. Prerequisites: Tax I and Corporations.
BUSINESS TRANSACTIONS IN THE PEOPLE'S REPUBLIC OF CHINA (Forry)
This course focuses first on the business climate and forms of business enterprise in the PRC. Subsequent sections address PRC legal requirements, taxation, and financial reporting rules affecting foreign investors. A further section addresses PRC merger and acquisition trends and tax planning. The final section illustrates planning in light of US and other rules in foreign investors’ home countries.
The final class will focus on a hypothetical foreign investment in the PRC which will require submission of a written Memorandum. In addition, each student’s course grade may be increased (but not decreased) based upon classroom performance by one grade level (e.g., from B to B+). One or more previous courses in international business law or taxation are recommended, but not required.
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 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, Semitsu)
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 FINANCE (Jafek)
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 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, Lee)
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.
CRIME: THE PEOPLE, THE PROCESS (Formerly Criminal Justice Experience) Berend
This course offers a unique opportunity to examine the criminal justice system from the perspectives of a law enforcement officer, a prosecutor, a defense lawyer, a judge, a defendant and a homeless person. There is a class component and placement component. In class, you will address the legal, procedural, ethical, social, and cultural issues that arise in the course of your field work. Some Friday afternoon sessions introduce you to the Department of the Public Defender, the courthouse, the jail, and law enforcement use of force training. (See current course syllabus on TWEN.) Your field work consists of assisting the Deputy Public Defender in the Felony Arraignment Department of the Superior Court by interviewing and advising defendants charged with felony offenses on a criminal complaint to prepare them for arraignment and a bail hearing. You will also participate in interviewing and counseling people who are chronically homeless at dinners offered by the Welcome Door Foundation. Enrollment is limited to twelve. This course is graded on a four-tier pass-fail basis. Criminal law is a pre-requisite. A security clearance by the Department of the Public Defender is required by the beginning of the semester. The State Bar of California requires completion of or enrollment in evidence and civil procedure before a student can be certified to appear in court.
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.
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. The course schedule will not conflict with Professor Lazarus’ Environmental Law in the Supreme Court Seminar.
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, LAW & INTERNATIONAL AFFAIRS (formerly titled Ethics, Politics & the Law ) (Spector)
Public policies and legal issues involve a complex network of ethical, political, and legal considerations. The seminar’s goal is to throw light on these considerations when they operate at a global rather than a domestic, national scale. After a general introduction, our attention will be focused on such issues as these: the universal or contextual character of values and principles, the morality of defense and preemptive aggression, wars and military interventions, terrorism, global justice, social rights, underdevelopment, and illiberal democracies. In an open and pluralistic fashion we will discuss questions that are of vexing concern to public and international agencies, multinational corporations and banks, global lawyers, and international lobbyists: 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? Basic training in philosophy, economics, or politics is welcome. Students will be required to write a short paper (10-12 pages). They can also serve to assess various theoretical paradigms. This class meets for 7 weeks beginning on January 11, 2011.
EUROPEAN UNION LAW (Folsom)
Law, policy and procedures of the European Union, including growth of the EU common market and its jurisdiction, law-making, litigation, freedoms of movement, common economic and social policies, the EURO, external trade relations, human rights, and business competition law. This is a paper course.
EVIDENCE (Devitt, 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)
This course is designed to familiarize students with the practical application of evidentiary points addressed in the traditional evidence course. Students focus on one or two evidentiary issues each week using a problem format. Each area of evidence is taught through performance. Each student is assigned as a proponent, opponent, witness and judge and is responsible for performing that role in class each week, and for submitting a short memo identifying the evidentiary issue and presenting the best approach to offering or opposing the evidence in court. The roles rotate each week. There is a new problem assigned each week. 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. Evidence is a prerequisite. Enrollment is limited to 8 students. The course is graded on a 4-tier Pass/Fail basis.
FAMILY LAW (Horton)
This open-enrollment course surveys the constitutional and legislative doctrine and the adjudication frameworks related to traditional family-law topics: marriage and divorce; marital property regimes; parent and child, including child custody, termination of parental rights, and adoption; family support rights; and rights of children. The course will be organized generally in relation to the California Family Code. The informational component of the course is important, and the course will feature weekly short in-class exams testing on the week's assignment; no final exam will be offered.
FEDERAL COURTS (Smith, S)
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.
FUNDAMENTALS OF BAR WRITING
The course covers the fundamentals of bar exam essay writing and performance test writing. The first class is an introduction to bar exam components and topics. The next several classes focus on the details of essay exam writing and performance test drafting. Students will receive substantial feedback on their written work, and participate in small group sessions, self and peer review, and professor-student conferencing. Grading is on the H/P/LP/F scale. Students may be withdrawn from the course and/or given a failing grade for missing more than one class, failing to turn in any written assignments on time, or failing to complete any practice examination. Please note: 3L or 4th year evening students who would benefit from significant assistance with exam writing and bar study skill development are highly encouraged to select this course. Enrollment is by application only.
HIGH TECHNOLOGY START-UPS (Formerly Structuring Entrepreneurial Transactions) (Smith, T.)
This course covers the legal principles and some of the tax law applicable to a series of interesting, complex, and current entrepreneurial transactions, utilizing venture capital or private equity financing. The course will cover, time permitting, as many as possible of the following: (1) a new business start up (with emphasis on high technology sectors); (2) a growth equity investment in an existing business enterprise; (3) a leveraged buyout of a private or a public company (including a going-private transaction); (4) use of a flow-through tax entity such as an S corporation, a partnership, or an LLC, for a variety of venture capital or private equity financed transactions; (5) devising an exit scenario for the successful venture capital or private equity financed enterprise (such as IPO, SEC rule 144 sales, or sale of the company); and (6) forming a new venture capital, LBO, or private equity fund. Substantive subjects touched upon include federal income tax, securities regulation, corporate law, partnership law, LLC law, bankruptcy law, fraudulent conveyance law, and other legal doctrines and accounting rules and practical structuring issue relevant to entrepreneurial transactions (including use of common and preferred stocks, convertible debentures and convertible preferred, warrants, and options). The course reviews these in a transactional context and may also consider to some extent their policy underpinnings and likely future evolution. Corporations is a prerequisite. Introductory Income Tax is recommended, and Taxation of Corporations is desirable, as are Securities Law, and Corporate Finance, and related courses.
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.
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 ETHICS (Forry)
International businesses and other investors face increasing standards and challenges regarding ethical behavior, whether under anti-bribery and anti-money laundering and related rules, mandatory and voluntary corporate governance standards, requirements for legal and tax transparency and the rule of law to permit cross-border finance and investment, or adaptation to systems of morality for Islamic finance and other cross-cultural investment. This course focuses on examples of such standards and challenges under US and selected foreign countries’ rules and practices.
In the final session of the course, students work in small teams to address a case study raising many of the matters covered in the course. In addition, each student’s course grade may be increased (but not decreased) based upon classroom performance by one grade level (e.g., from B to B+). One or more previous courses in international business law are recommended, but not required.
INTERNATIONAL CIVIL LITIGATION (Heiser)
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
INT'L ENERGY REGULATION (Formerly called Int'l Energy Law & Policy) Silva-Send
This 3 credit course on a contemporary global topic will introduce students to international legal principles (sovereignty, territoriality, no harm, compensation for expropriation, liability etc) and relevant treaties, especially the ECT, that govern the interaction between states, agreements/contracts and negotiations between states (public) and multinationals (private), and other legal issues facing the exploration, supply of and investment in energy resources. It will examine the role of major international organizations in the energy sector, such as OPEC, the OECD, the IEA, the UN, the EU as well as the role of NGOs. International energy disputes can be investment disputes most often resolved by arbitration as the preferred mode with ICSID the largest forum of choice. International energy disputes can also be environmental and human rights disputes, litigated in international courts and national courts. While using oil, natural gas and nuclear power as examples for the course, we will look toward the future and evaluate the international legal and policy issues facing the development and expansion of renewable energy, such as biofuels and solar power. This course will be examined by a research paper in place of a final examination. Successful completion of the paper will fulfill the writing requirements of the school of law.
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 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 Class size is limited. The course will meet for three all-day Friday and Saturday sessions throughout the semester.
INTERNATIONAL REDRESS FOR HUMAN INJUSTICE (Brooks)
This seminar provides an intense study of the international redress movement. The focus is on claims from around the world that seek redress for human injustice under post-Holocaust conditions. Among other claims studied are those brought against Germany for Nazi persecution, Japan for its "comfort women" system, South Africa for Apartheid, and the United States for a number of injustices, including its genocidal campaigns against Native Americans, the internment of Japanese Americans, and the enslavement and segregation of African Americans. Drawing on legal and political analyses, government documents, personal testimonies, and historical narratives, a broad array of questions will be considered ranging from the particular-e.g., Why does the United States offer millions of dollars to Japanese Americans relocated to concentration camps during World War II but offers not even an apology to African Americans for 2 1/2 centuries of slavery? -to the general-e.g., Is there a beast in all political regimes waiting to be unleashed by extraordinary fear, greed or fury? Class attendance is essential. A paper will be required.
INTERVIEWING & COUNSELING (Player)
This course provides advanced training in the skills of client interviewing and counseling. The first part of the course is devoted to learning the specific micro-skills that make up effective interviewing through readings, demonstrations and role-plays. The second- part focuses on the counseling dimension of lawyer-client relationships. In addition to classroom preparation and activities, students will interview actual clients in various locales, including the USD Legal Clinic, the San Diego County Law Library Clinic, and several senior citizen centers. Ethical issues unique to interviewing and counseling are emphasized. Lawyering Skills II or Practicum is highly recommended, but not required. Enrollment is limited; attendance at first class meeting is mandatory. The course is graded on a 4-tier Pass-Fail basis.
INTRODUCTION TO UNITED STATES LAW (Devitt)
Introduction to United States Law is a required course for Master of Comparative Law students. No other students may enroll. This course comparatively introduces distinctly American approaches to law, lawyering and legal processes. Special emphasis is placed on the common law tradition. This course is for LLMC students only.
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 & 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 13, 2011.
LAW AND ECONOMICS (Barry)
This course provides an introduction to the burgeoning field of legal thought on the intersection of law and economics. Students will use the analytical tools of economics to examine legal rules in many different areas, including contracts, criminal law, corporate law, and antitrust. Particular focus will be paid to the incentives that these legal rules create, but the course will also consider common assumptions underpinning economic analysis, critiques of law and economics, and the overarching question of how and when the law should be used to create, support, or interfere with markets. There are no prerequisites for this course, but familiarity with microeconomics is recommended. All students enrolled in this class must take the final exam. Students may also complete a paper (along with taking the final exam) that will fulfill the written work requirement.
LAW AND LITERATURE IN NINETEENTH-CENTURY AMERICA (Cantrell)
In this course, we shall address the relation of literary and legal practices through close readings of works by Edgar Allan Poe, Frederick Douglass, Herman Melville, Henry David Thoreau, Harriet Jacobs, Harriet Beecher Stowe, George Washington Cable, Mark Twain, Pauline Hopkins, and Charles Chesnutt. These readings will be supplemented by considerations of legal developments in the nineteenth century, with particular, though not exclusive, attention to the Reconstruction amendments. Although most literary historians have characterized the relations between literature and law in the antebellum period as oppositional, with literary writers advocating higher or natural laws associated with racial justice and legal writers insisting upon an increasingly formal and technical positive law, the emergence of legal forms of antislavery thought, leading to constitutional emancipation, usefully complicates this narrative. To what extent, then, does the movement towards constitutional emancipation shape literary writing, and how does literature inform, if not the law, then the imaginative and intellectual conditions in which it is written and interpreted? This course’s assignments—a shorter essay (5-7 pages) and a longer research paper (15-20 pages)—will fulfill the writing requirement of the law school.
LAW AND POLITICS OF EDUCATION POLICY DEVELOPMENT (Kemerer)
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. If spaces are available when the first class is held, students whoare familiar with education law through other courses and/or experiences may enroll with instructor permission.
LAW AND SOCIOECONOMICS (Dallas)
Law and Socioeconomics is an interdisciplinary course that draws on economics, psychology, sociology, anthropology, and political science and that stresses the importance to effective regulation of attention to historical context, culture, institutions, and power. The seminar may include segments on the importance of cognitive biases, economic and procedural fairness, norms, and trust to effective legal regulation and such topics as race discrimination, corporate social responsibility, financial market behavior, globalization and family policy. Students are required to write a research paper for this seminar.
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 (Snyder)
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 DRAFTING (Edelman)
This course will focus on composing and polishing instruments used in 3 areas of legal practice: Contracts (contract for the sale of a business); Torts (settlement agreement); Business Planning (agreement establishing a partnership or LLC). Each course segment will last 4-5 weeks. During that time, two drafts of the assigned document will be required, the second draft being a revision of the first. At the beginning of each segment, an attorney who practices in the assigned area will speak to the class to acquaint students with concerns related to drafting the assigned document. The assignments are each intended to meet the needs of a client in a particular hypothetical set of circumstances. In addition to the three class meetings when guest speakers will appear, class time will be devoted to drafting exercises and discussions of how to make use of the resources available for document drafting. Enrollment is limited to 24, and students will work in pairs. Grading will be on a traditional letter grade scale.
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.
This course will examine selected economic, corporate law, and securities law aspects of the acquisition of businesses. Topics covered will include some basic (and necessary) corporate finance theory (such as valuation, efficient capital markets, event studies and option pricing theory); empirical evidence on the social costs and benefits of acquisition activity; the structuring of friendly and hostile acquisitions; the corporate law of takeover defenses; and securities law regulation of acquisition transactions. Some accounting and tax law topics may be touched upon, but they will not be a major focus of the course. Some effort will be made to examine drafting and negotiations aspects of M&A transactions. Corporations is a prerequisite. Students with substantial background in related areas may take Corporations concurrently, with permission. There will be a final exam in the class.
MILITARY JUSTICE AND NATIONAL SECURITY (McCloskey)
This course focuses upon (a) the United States Constitution as it relates to the military justice system; (b) the substantive and procedural rules of the court martial system, including a review of the Uniform Code of Military Justice; (c) practical analysis of the trial and appellate process in the military context; (d) evidence issues unique to military tribunals; and (e) national security, including analysis of applicable constitutional provisions and the interplay between the military justice system and national security. Students will be expected to complete a substantial research paper of no less than 20 pages and will be expected to produce a written draft of the paper for submission to the professor prior to completion of the final paper.
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.
This course provides an introduction to the law of the North American Free Trade Agreement, MERCOSUR, the proposed Free Trade Area of the Americas and other Western Hemisphere trade relations. Subjects to be addressed include trade in goods, cross-border services, intellectual property, investment, dispute settlement, and the treatment of labor and the environmental issues. Particular attention will also be paid to NAFTA investor/state arbitrations. This is a paper course.
A seminar and simulation course offering advanced training in the theory and practice of negotiating. Topics include negotiation, mediation, and other lawyering skills involved in dispute resolution and transactional practice. Positional bargaining and interest based strategies, tactics, techniques, and ethical issues are explored in depth. Periodic exercises are scheduled outside the class times when students are available. Lawyering Skills II course is recommended. Enrollment is limited. 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.
PATENT LAW THEORY SEMINAR (Sichelman)
This seminar will examine the economics, philosophy, and history of patent law. Readings will be drawn from a variety of law review articles and books. Grades will be based on a final paper. No background in philosophy or economics is necessary, but students must either (1) have taken at least one of the following courses: Intellectual Property Survey, Intellectual Property Theory, Patent Law, Patent Litigation, Patent Prosecution, or Biotech Patent Law; or (2) must have taken and passed the USPTO patent bar examination.
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.
PATENT PROSECUTION (Tahmassebi)
This course examines the practical aspects of patent practice. Topics covered include a detailed review of patent prosecution, procedures before the US Patent & Trademark Office, and the requirements of Title 37 of the Code of Federal Regulations. In addition, the course discusses issues related to inventor interview techniques, development of an IP strategy for a client, and licensing issues. Ethical issues related to inequitable conduct, duty of candor, and proper representation of clients are addressed. Students will prepare a mock patent application for a simple invention, examine it, and respond to mock PTO Office Actions. Prerequisite: Intellectual Property Survey, or Patent Law. No technical background is required. Grade will be based on a final exam and work on a mock patent application.
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
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
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.
RELIGION AND THE CONSTITUTION (Smith, S)
The First Amendment appears to single "religion" out for special constitutional status, but just what "religion" is and how and why it deserves special legal treatment are questions that have vexed citizens and courts from the nation's beginning. This seminar will consider these questions in their legal, historical, and theoretical dimensions. The seminar will favor class discussion of issues and materials, and students will be expected to prepare and present a paper on an issue of their choice related to the subject of the seminar.
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 EXEMPT ORGANIZATIONS (Coveney/Dostart)
This course will address the concept and basis for tax exemption; classification as a Private Foundation; special issues relating to Public Charities, charities as operating entities, fundraising issues; California Law applicable to tax exempt organizations; and Unrelated Business Income Taxation (UBIT). There will be 4-8 hrs. p/wk reading assignments in Treasury Regulations. Grade determined by final examination. 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 (Barry)
This course will offer an introduction to the principal policy considerations raised when creating a tax system. Topics will include the merits of different tax systems (such as income and consumption taxes), questions of tax administration and legal complexity, the efficiency implications of taxation, and distributional implications. It will consider how well current legislation addresses these various issues and consider whether there are ways that they might be better addressed. The class will be conducted as a seminar and will likely include guest experts who will join us in discussions of particular topics. Tax I is a prerequisite for this course; other tax courses, especially Tax II, would be useful, but are not required.
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 (Jeffries)
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 (Anderson)
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 (Brennan)
This course covers the rights and obligations of sellers and buyers of goods and leases of equipment under the Uniform Commercial Code Articles 1, 2 and 2A (UCC). The course examines sales and lease agreements from formation and terms through perfection and performance, enforceability, and the remedies available for both consumers and merchants in cases of breach. The course will cover contract principles, the statute of frauds, warranties, good faith and unconscionable conduct, delivery and the risk of loss, repudiation and breaches, remedies and the defenses to them. The class will emphasize using the UCC and related law for problem solving. 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. 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 (Player/Gruber) 3-4 credits
Civil Clinic II: (Player/Gruber) 2-4 credits
Students interview, counsel and represent clients at Superior Court or in administrative hearings in a wide variety of cases under the supervision of an attorney. Students draft pleadings and correspondence, as well as confer and negotiate with opposing counsel/parties. Weekly group meetings are combined with individual case conferences to provide intensive personal training in litigation techniques, problem solving and case management. Students also learn general civil litigation practice and procedures. The clinic is graded on a 4-tier Pass-Fail basis. Prerequisites: Civil Procedure, Evidence and either Practicum or Lawyering Skills II.
Criminal Clinic I (Ramirez/Berend) 4 credits
Criminal Clinic II 2-6 credits
This is a clinical course that places students with a prosecuting or defending trial agency in the criminal justice system. Criminal Clinic I has a two-hour per week classroom component that provides simulations, lectures and discussions in the most common areas of criminal practice. Prerequisites: Evidence, Criminal Law, Criminal Procedure I, and Lawyering Skills II. Recommended but not required: Criminal Procedure II. The clinic is graded on a 4-tier Pass-Fail basis. Important Note: Criminal Clinic has a different registration deadline. Please contact Professor Ramirez for information on deadlines and additional registration materials.
Education & Disability Clinic I & II (formerly called Special Education Clinic) (Dalton)
1 - 4 credits
Students receive practical training and experience in client intake, interviewing and counseling, and representation of clients at meetings with school district personnel and Regional Center Staff. Matters include school discipline (suspensions and expulsions), special education placement and services, Regional Center and Early Start services, and Section 504 of the Rehabilitation Act. Students may draft complaints with the Office of Civil Rights or other agencies. Some cases proceed to formal mediation and hearing where students argue the case with support from the Education and Disability Clinic 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 these growing areas of civil law. The clinic is graded on a 4-tier Pass-Fail basis.
Energy Law & Policy Clinic (Reed)
1 - 3 credits
The Energy Law and Policy Clinic provides students an opportunity to conduct legal and policy research in cooperation with a related agency, such as the California Public Utilities Commission (CPUC) and the California Air Resources board. Agency staff, EPIC staff, and students work together to select one or more energy-or-climate change-related legal or policy research topics. Under the supervision of a practicing attorney and EPIC staff, students conduct a semester-long research project on the selected topic(s). Students will present results to the agency staff at the end of the semester. The clinic is graded on a 4-tier Pass-Fail basis. Prerequisite: Energy Law
Entrepreneurship Clinic I and II (Matias)
2 - 3 credits
Through hands-on opportunities, students in the Entrepreneurship Clinic provide pro bono legal services to low- and moderate-income entrepreneurs who want to start or expand their small businesses. The Entrepreneurship Clinic does not engage in litigation-related services; instead, it focuses on advising clients on legal matters relating to starting their business and assisting in drafting and filing necessary documents. Such work includes: determining the appropriate choice of business entity, assistance in obtaining necessary permits and licenses, advising on employment and independent contractor issues, drafting and reviewing commercial contracts and leases, and assisting with the establishment of tax-exempt organizations. The clinic is graded on a 4-tier Pass-Fail basis. No prerequisites.
Environmental Clinic I (Wharton) 2-4 credits
Environmental Clinic II 1-5 credits
This is a clinical course for students who wish to develop litigation skills in the context of environmental law. All work is performed under the direct supervision of the director of the Environmental Law Clinic. This clinic focuses on impact litigation. There is a two-hour per week classroom component, as well as a regular meeting with the director of the Environmental Law Clinic. The clinic is graded on a 4-tier Pass-Fail basis. 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. The clinic is graded on a 4-tier Pass-Fail basis. Prerequisite: Tax I.
Immigration Clinic I and II (Bejar)
2 - 4 credits
Students gain practical experience through interviewing, counseling, and representing clients with immigration-related problems. Students complete forms and draft documents on behalf of clients. Students also attend and/or participate at hearings at Immigration Court. Weekly meetings are held with the clinic supervisor to discuss immigration law, practical application and casework. The clinic is graded on a 4-tier Pass-Fail basis. No Prerequisites.
Land Use Clinic I and II (Quinn)
2 - 4 credits
The Land Use Clinic provides students with the opportunity to become involved in land use and land development issues. Students are placed with government agencies, elected officials or attorneys in private practice. Most placements are with the City of San Diego and include the City Attorney’s Office, the Mayor’s Office, and City Council offices. Students work under the supervision of an attorney. Student work usually focuses on local issues including the procedures for siting cell phone towers, the regulation of adult entertainment and cardrooms, reviewing environmental documents, attending community meetings and issues involving affordable housing. The weekly two-hour classroom component covers the basic statutory and regulatory framework of land use law and procedures. In addition to the class students are required to attend one local community planning group meeting. The clinic is graded on a 4-tier Pass-Fail basis. No prerequisites.
Landlord Tenant Clinic I & II (Gruber)
2 - 4 credits
Students interview, counsel, and represent clients in Superior Court unlawful detainer trials, in administrative hearings involving federally subsidized Section 8 termination proceedings, in Superior Court involving Writs of Administrative Mandamus, and in the Appellate Department of the Superior Court and the Fourth District Court of Appeal involving appeals from the various trial court proceedings. An adjunct professor/attorney supervises students, who draft pleadings and correspondence, conduct discovery, and confer and negotiate with opposing counsel/parties. Weekly group meetings are combined with individual case conferences to provide intensive personal training in litigation techniques, problem solving, and case management. Students also learn general civil litigation practice and procedures. Prerequisites: Civil Procedure and Evidence. The clinic is graded on a 4-tier Pass-Fail basis. Preference will be given to those applicants who have taken Practicum or Lawyering Skills II, and who are willing to take three units.
Public Interest Law Clinic
(1 - 3 credits)
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. The clinic is graded on a 4-tier Pass-Fail basis. Students interested in Public Interest Law Clinic must secure a permission slip prior to pre-registration from Professor Julie D'Angelo Fellmeth at CPIL's offices.
Small Claims Clinic I and II (Simone)
2 - 4 credits
The Small Claims Clinic offers students the opportunity to develop interviewing and counseling skills as well as trial preparation skills in the Small Claims Court context. Students assist low-income families in preparing their cases for trial at Small Claims Court and can represent clients in the appeals process in Superior Court. Students must also be available to participate in outreach presentations at various community locations and times. The clinic is graded on a 4-tier Pass-Fail basis. No Prerequisites.
State Income Tax Clinic I & II - California (Shaltes) 1-2 credits
This Tax Appeals Assistance Program is a joint effort between USD Legal Clinics and the California State Board of Equalization. Under the supervision of an attorney from the California Taxpayers’ Rights Advocate Office, students will assist taxpayers with their state tax appeals. Students receive legal practice skills training, including interviewing clients, identifying evidence, drafting appeals briefs, and representing clients in negotiations with the State Board and at hearing. The clinic is graded on a 4-tier Pass-Fail basis. The clinic is graded on a 4-tier Pass-Fail basis. No prerequisites.
State Tax, Sales & Use Clinic I & II - California (Larkin) 1-2 credits
This State Sales & Use Tax Clinic is a joint effort between USD Legal Clinics and the California State Board of Equalization. Under the supervision of an attorney from the California Taxpayers' Rights Advocate Office, students will assist taxpayers at the Petitions stage of proceedings instituted against them by the Franchise Tax Board. Students receive legal practice skills training, including gathering evidence, preparing legal briefs, participating in negotiation proceedings and oral argument at an administrative hearing. The clinic is graded on a 4-tier Pass-Fail basis. The clinic is graded on a 4-tier Pass-Fail basis. No prerequisites.
Agency Internship (Herrera)
1 - 3 credits
The Agency Internship Program consists of a work component and a class component and allows students to earn between one and three academic credits for working in a law related internship position. For the work component, students intern with a government agency or a nonprofit organization. During the school year, the internship employer must be in the civil field or criminal appellate law field in Southern California. During the summer, the employer can be either in the civil field or in the trial or appellate criminal field in Southern California. Students participate in primarily on-line class sessions involving small group discussions. Students are required to prepare weekly summaries of their work and complete a writing assignment. For more information, download the Agency Internship Program handout. If you have been accepted into an internship placement and want to apply for the internship course, fill out the Internship Application. Submit it to email@example.com. If you have any other questions, e-mail Lizzette Herrera Castellanos or call (619) 260-2342. The internship is graded on a Pass-Fail basis.
Corporate Counsel Internship Program (Harrigan) 1-3 credits
The Corporate Counsel Internship Program (the “Program”) allows students to receive academic credit for working in the legal department of a corporation, company or other business entity. Students may also work in other departments of a corporation as long as they are supervised by a licensed attorney. The goal of the Program is to provide students with the opportunity to observe first-hand the operations of a corporate legal department and to gain an understanding of the legal issues addressed by corporate counsel. The student must not receive monetary compensation or any outside funding for or related to the work and must be supervised by an on-site lawyer.
Students can secure their own internship placements or meet with the Internship Director or Career Services for guidance. Placements qualify for the Program only if the organization requires that a student receive academic credit as a condition of the internship. Organizations willing to pay students or to have them work on a volunteer basis do not qualify for the Program. After a placement is found, students must complete an Application Form to have their placement approved for the Program. Employers who participate in the Program must commit to the requirements of the Program. Students work a minimum of 60 hours per unit of credit and may receive 1-3 credits. For more information, download the Corporate Counsel Internship Program handout. If you have been accepted into an internship placement and want to apply for the internship course, fill out the application. If you have any other questions, e-mail Lizzette Herrera Castellanos or call (619) 260-2342. The internship is graded on a Pass-Fail basis.
Entertainment, Sports and Intellectual Property Internship Program 1-3 credits
The Entertainment, Sports and Intellectual Property (ESIP) Internship Program consists of a work component and a class component and allows students to earn between one and three academic credits for working in a law department of an entertainment or sports industry company, talent guild or trade association, or in the intellectual property law department of a company or trade association. Students participate in primarily on-line class sessions involving small group discussions. Students are required to prepare weekly summaries of their work and complete a writing assignment. For more information, download the ESIP Internship Program handout. If you have been accepted into an internship placement and want to apply for the internship course, fill out the application. If you have any other questions, e-mail Lizzette Herrera Castellanos or call (619) 260-2342. The Internship is graded on a pass-fail basis.
Judicial Internship (Horton)
1 - 6 credits
The Judicial Internship Program allows students to receive academic credit for work in a judge's chambers in San Diego. Students must work 60 hours per unit of credit. In addition to the work component of the Program, students enrolled in the program will have regular contact with the Program's instructor, Professor Horton, who will meet with students individually, assign various written projects (such as a journal and a final paper), and review samples of the student's written work from the internship. The program is limited to a total of 20 students per semester or summer term. Preference is given to students who are in, or who are about to enter, their final law school year.
Professor Horton has a manual that explains the judicial internship process; interested students should be sure to pick up a copy of the manual. Students can secure their own internship position or can meet with Professor Horton for guidance in securing a placement. Students must receive approval from Professor Horton to register for this program. Prerequisites: preferred: 1L curriculum, Law Skills II (trial-court placements), and Criminal Procedure (appellate-court, magistrate judge, and criminal-department placements).
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.