Summer 2010 Course Descriptions
Descriptions for:
Advanced Legal Writing (Leslie Oster)
2 credits
This course will cover both objective and persuasive legal writing; it requires students to write (and rewrite) a lot. We will focus on improving and refining writing and editing skills through the more typical vehicles of legal memoranda and persuasive litigation documents, and we will also learn about drafting other litigation and transactional documents. Students will receive significant feedback from the instructor, and also from each other; a major goal of this feedback is to help students develop a critical eye about their own work. There will be both in-class writing and out-of-class writing assignments each week. The course is limited to 16 students and will be graded on a HP, P, LP or F basis.
Civil Rights Theories Seminar (Roy Brooks)
3 credits
This seminar will study closely several systems of accepted knowledge about how our government regulates or should regulate race relations during this Post-Civil Rights Era. These racial paradigms provide the subtext of public and, to a lesser extent, private institutional decision making, and are often debated within the pages of Supreme Court cases. While references will be made to Supreme Court cases and to specific justices, the seminar will focus on primary sources; in other words, the texts that generate fundamental civil rights theories. The readings will be interdisciplinary (drawing on legal, sociological, economic, psychological, historical, and political themes) and will stress the importance of contextualization. A conceptual scheme will be offered to help students understand, organize, and analyze civil rights theories; but students will be asked to develop their own well-informed views about the theories. Students will be evaluated on the basis of a paper plus weekly oral and written classroom presentations. Class attendance is essential.
Constitutional Development (Daniel Rodriguez)
2 credits
In this seminar we will study, through a series of readings and class discussion, the ways in which constitutions develop, change, and adapt to various internal and outside influences. As usually framed, constitutions develop in two distinct ways, either through the distinct method of constitutional amendment (or, in the first instance, through the creation of a document which is deemed “fundamental” in status) or through judicial interpretations which functionally change the meaning of one or another provision. Here, we will reflect on both modes of change, but will also examine how constitutions develop through alternative mechanisms. We will begin with some theoretical readings on constitutionalism and American political development. We will move fairly quickly, however, to real-world case studies. These studies will run a large gamut, from the ongoing struggle over same-sex marriage to the eminent domain/private rights movement after Kelo, to timely controversies involving discrimination, free speech, and criminal justice.
Copyright Law (Jane Henning)
3 credits
This course surveys the law relating to rights in expressive works. We will study what copyright covers – such as books, movies, musical recordings, and software – and distinguish copyright from other forms of intellectual property, such as trademark and patent. We will focus on the exclusive rights granted in copyrightable works, rules governing the transfer of those rights, what acts infringe those rights, what remedies the law provides for infringement, and what limitations the law places on those rights, such as the fair use doctrine. We will discuss some topics of current interest, such as the rules governing the copying and distribution of music over peer-to-peer networks, digital rights management, and open-source software.
Energy Taxation and Policy (Walter Wang)
2 credits
This course will examine fiscal measures, primarily through taxation, that the Federal government has utilized to stimulate investment in energy projects and products. The course will examine the core economic theories regarding energy taxation and the application of such theories to real world policies. This course will examine how tax measures have stimulated growth in traditional forms of energy such as oil and gas and how current Federal tax policy stimulates investment in renewable energy. This course will also broad based policies designed to reduce emissions (greenhouse gas or otherwise) and the tax provisions related to such policies. This course is designed to satisfy the law school’s written work requirement.
Evidence (Jean Ramirez)
4 credits
This course is about how facts are proved at trial and other evidentiary hearings. The course focuses on the Federal Rule of Evidence. Among the topics covered are the following: relevance, character evidence, habit, impeachment, objections and motions in limine, authentication of real and demonstrative evidence, the Best Evidence Rule, hearsay, privileges, lay witness opinion, expert witnesses, and judicial notice. Trial Advocacy may be taken concurrently.
Finance and Accounting for Lawyers (George Mundstock)
2 credits
Much of the practice of law relates to financial issues. This two-credit course deals with understanding and analyzing financial statements, basic business valuation techniques and their importance in litigation matters, economic damages calculations (both personal injury and business damages), and concepts of present value. Understanding these financial concepts is critical to lawyers who encounter them daily in their practices. The course is designed for the student who does not have a sophisticated background in accounting or finance. Registration is limited to those with no more than 6 undergraduate credits in finance and/or accounting.
In-House Corporate Counseling (Hugh Friedman)
2 credits
In-house lawyers practice in the law departments of for-profit business entities, non-profits, and in government at the federal, state, and local levels. (It is estimated that 20 to 30% of all lawyers will practice in-house at some time in their careers.) This course will be conducted by Professor C. Hugh Friedman with experienced corporate counsel from San Diego based corporations. Topics to be addressed include: The Roles of the In-house lawyer; Professional Responsibility Issues for In-house Lawyers; Practicing Preventive Law; Corporate Business Ethics Programs; Compliance Programs and Internal Investigations; Corporate Governance Best Practices; Risk Management and Crisis Management; Why and How to Teach Your Clients Contracts 101; Litigation Outside Counsel Management; Trade Secrets and Intellectual Property; International Operations and Transactions; Counseling the Public Company Board and Officers, Shareholder Meetings, and Compliance with Federal and State Securities Laws. The class will also discuss what In-House lawyers should know about labor and employment law, and accounting and finance. Prerequisites: Contracts and Corporations
International Energy Law and Policy (Nilmini Silva-Send)
2 credits
This 2 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. The class will be restricted to 19 students. This class meets for 4 weeks and ends July 1, 2010.
Legal Research Boot Camp (Legal Research Staff)
1 credit
This course will cover the basics of legal research, plus some advanced techniques, such that the student should be prepared to enter the workforce with adequate to superior research skills. Included will be paper-based resources, but online sources will be discussed and demonstrated where necessary, such as the online versions of Shepards and Keycite, as well as indexes. The course is pass-fail and passing will be based on class attendance, CALI exercises, and some homework assignments.
Negotiation (Dennis Sharp)
2 credits
This class is about negotiation and dispute resolution: how not to lose when thinking win-win. Many negotiators fail to maximize their outcomes because they either take extreme, unyielding positions or because they look for an optimal ‘win-win' solution and in the process give their counterpart value that they could capture themselves. This course focuses on the strategy behind dispute resolution (negotiation, mediation, arbitration) and speaks in a practical way about how to use that strategy to maximize what can be achieved in those situations. Through a combination of lectures, in-class exercises, class discussions and guest speakers, the class will explore the different methods of dispute resolution, and how to maximize your outcome in each. The first part of the course highlights the difference between the different types of dispute resolution. We'll then focus on game theory and its role in negotiation. We'll then focus on how to maximize the potential overall value of the outcome to all parties in a dispute . . . and subsequently how to capture a disproportionate share. Grade determined by weekly assignments, class participation and a take home final examination. This class will be graded on the four-tier system- High Pass, Pass, Low Pass, and Fail. Students are limited to one negotiations-related course during their time at USD.
Negotiation (Gregg Relyea)
2 credits
Effective negotiation skills are essential to the successful practice of law. Most legal disputes are resolved through direct negotiation. This course will teach students effective communication techniques and negotiation strategies in a workshop style setting. The course will introduce students to different types of bargaining, different approaches to bargaining, specialized communication techniques used by effective negotiators, and techniques for overcoming negotiating impasses. Negotiation practices will be taught using both lecture and experiential methods (interactive exercise, role play exercises). This course will be practical in its orientation, with an emphasis on prevailing negotiation techniques and strategies customarily used by practicing lawyers. Due to the participatory nature of the course, enrollment will be limited. Grades will be based on a written final examination, homework assignments, and class participation. This class will be graded on the four-tier system- High Pass, Pass, Low Pass, and Fail. Students are limited to one negotiations-related course during their time at USD.
Professional Responsibility (Michael Berch)
3 credits
This course examines the singular ethics of lawyering and the rules of professional conduct applicable to the legal profession. We will focus on the Model Rules of Professional Conduct of the American Bar Association and an examination of the rules in California. We will examine the various professional relationships that exist between lawyers and: 1) their clients; 2) their colleagues; 3) the public; and 4) the judiciary, with a view toward answering such questions as: What are the "core values" of the legal profession? Why are lawyers required to act in ways that the public finds either confusing or hostile to other societal values? The objective of the course is to give students a working knowledge of the law governing lawyers, and an appreciation for the ethical challenges lawyers face and the ethical environment in which lawyers work. Grade determined by midterm, final and class participation.
Tax I (Paul Caron)
3 credits
Tax I provides students with an understanding of the basic principles of federal income tax, including gross income, deductions, tax accounting, capital transactions and income shifting. There will be a final examination at the end of the course. Required for upper-class students. Students are required to purchase a Turning Technologies Response Card RF Keypad (Model # RFC-02) for use in the course. The keypad is available for purchase from Turning Technologies (http://store.turningtechnologies.com) at a discounted price of $30 for USD students. To get the discounted price, you must enter the USD school code "h71c" (the code is case sensitive). There is an after-market for used keypads on eBay and other sites.
Clinics
Child Advocacy Clinic: Delinquency II (Robert Fellmeth)
2-4 credits (As Arranged)
Child Advocacy Clinic is available for students who are taking or have completed Child Rights and Remedies. Clinic student have two options:
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 group once a week for one hour to discuss their work and to review current issues in child advocacy. The clinic is graded on a 4-tier Pass-Fail basis.
Child Advocacy Clinic: Dependency II (Robert Fellmeth)
2-4 credits
Students participating in Dependency Clinic II continue their work with an assigned attorney from the San Diego Office of the Public Defender representing abused children in dependency court proceedings. Dependency Clinic interns meet as a group once a week to discuss their work and to review current issues in child advocacy. Students interested in taking Dependency Clinic II need to obtain a permission slip from Elisa Weichel at the CPIL/CAI offices (back entrance of the LRC). The clinic is graded on a 4-tier Pass-Fail basis. Prerequisites: Evidence, Civil Procedure, Child Rights & Remedies, Dependency I
Child Advocacy Clinic: Policy I and II (Robert Fellmeth)
1-3 credits
Students participating in the Policy Section work with CAI staff on projects relating to state agency rulemaking, legislation, litigation, or other advocacy. Policy projects might include performing research and writing on the California Children's Budget or the Children's Regulatory Law Reporter. Interns may also be assigned to participate in policy research and analysis of current applications of law and regulations as they affect children. Students interested in taking Policy Clinic I & II need to obtain a permission slip from Elisa Weichel at the CPIL/CAI offices (back entrance of the LRC). Prerequisite: Child Rights & Remedies The clinic is graded on a 4-tier Pass-Fail basis.
Civil Clinic I & II (Allen Gruber)
1-4 credits
Students interview, counsel and represent clients in actual civil cases under the supervision of a clinical professor through the in-house clinic law office. Weekly group meetings are combined with individual case conferences to provide intensive personal training in problem solving and case management, and to provide exposure to practice and procedure. Prerequisites: Evidence, Civil Procedure, & Lawyering Skills II (or the Practicum). The clinic is graded on a 4-tier Pass-Fail basis.
Entrepreneurship Clinic I & II (Donna 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 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.
Federal Tax Clinic (Richard Carpenter)
1-2 credits
The Tax Clinic is a hands-on class that provides students with practical tax controversy experience while assisting low income taxpayers with IRS problems. An emphasis is placed upon client interviewing skills, as well as learning how to negotiate with the IRS, and how to effectively resolve a client's federal tax dispute. Also, students provide outreach programs to the local community, advising citizens of their rights as taxpayers, as well as their tax obligations. The clinic is graded on a 4-tier Pass-Fail basis. Prerequisite: Tax I
Small Claims Clinic I and II (Franco Simone/Christopher Chatard)
1-3 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. The clinic is graded on a 4-tier Pass-Fail basis.
Special Education Clinic I & II (Margaret 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. Some cases proceed to formal mediation and hearing. Weekly group meetings are combined with individual case conferences to provide intensive personal training in case management. The classroom component also includes an overview of statutes and cases in this growing area of civil law. The clinic is graded on a 4-tier Pass-Fail basis.
State Income Tax Clinic I & II - California (Craig 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 the state tax appeals and other issues with the Franchise Tax Board. 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 hearings. No prerequisites. The clinic is graded on a 4-tier Pass-Fail basis.
State Sales & Use Tax Clinic I & II - California (Michael Larkin)
1-2 credits
This State Sales & Use Tax Clinic is a joint effort between USD Legal Clinics and the California State Board of Equalization. Under the supervision of an attorney from the California Taxpayers' Rights Advocate Office, students will assist taxpayers at the Petitions stage of proceedings instituted against them by the Franchise Tax Board. Students receive legal practice skills training, including gathering evidence, preparing legal briefs, participating in negotiation proceedings and oral argument at an administrative hearing. The clinic is graded on a 4-tier Pass-Fail basis. No prerequisites.
Internships/Externships
Agency Externship Program (John Forry)
1-3 credits
The Agency Externship Program consists of a work component and a class component. It allows students to earn between one and three academic credits for working in a law related externship position during the summer academic term. For the work component, students work with a government agency or a nonprofit organization under the supervision of an attorney. The externship employer must be in the civil or criminal law field anywhere in the world outside Southern California. Last year, students worked as externs for various organizations including a U.N. agency in Egypt, U.S. Department of Justice in Washington, D.C., U.S. Army JAG and National Geographic magazine.
Students are also required to prepare weekly summaries of their work, participate in an on-line class, and complete a writing assignment. For more information, download the Agency Externship Program handout (PDF). If you have been accepted into an externship placement and want to apply for this course, fill out the Externship application (PDF). Submit it to Cara Mitnick, Esq., Assistant Dean for Career Services. If you have any other questions contact Cara Mitnick at cmitnick@sandiego.edu or (619) 260-4152. The externship is graded on a Pass-Fail basis.
Agency Internship (Tom Papageorge)
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 (PDF). If you have been accepted into an internship placement and want to apply for the internship course, fill out the Internship application (PDF). Submit it to Jessica Johnson at The Center for Public Interest Law at lawinternships@sandiego.edu. If you have any other questions, email Tom Papageorge at papageorge@sandiego.edu or call (619) 260-4806. 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 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 about this program, download the ESIP Internship Program handout (PDF). If you have been accepted into an internship placement and want to apply for the internship course, fill out the ESIP application (PDF). Submit it to Cara Mitnick, Esq., Assistant Dean for Career Services. If you have any other questions contact Cara Mitnick at cmitnick@sandiego.edu or (619) 260-4152. The Internship is graded on a Pass-Fail basis.
Judicial Internship (Monica Sullivan)
1-4 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. In addition to the in-chambers and written work components, there is a classroom component to the Judicial Internship Program; 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. 1-4 credits. Prerequisites: Preferred: 1L Curriculum and Criminal Procedure. The internship is graded on a Pass-Fail basis.
