Summer 2011 Course Descriptions
Descriptions for:
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.
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.
Corporate Tax Reporting (Joshua Maxwell)
1 credit
In corporate transactions and business operations, it is necessary for tax lawyers to advise on compliance issues and be able to understand information reported on IRS forms. This course will discuss corporate tax compliance, forms, and common issues, with a focus on extracting information from the face of the forms and how common transactions are reported. The class will cover Form 1120, Form 5471 and foreign reporting, common elections and disclosures, tax income adjustments (Schedule M), and other related topics. Class attendance will be required and essential to learning the topics. Grade based on a final exam covering common issues, basic compliance logistics, and the ability to analyze and gather information from IRS reporting. Prerequisites: Tax II or similar undergraduate course upon approval.
This is an advanced tax course with priority enrollment for LLM in Taxation students. JD students can apply through Graduate and International Programs.
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. This is an advanced tax course with priority enrollment for LLM in Taxation students. JD students can apply through Graduate and International Programs.
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.
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. Prerequisite: Contracts. Suggested prerequisite: Corporations
International Organizations (Ric Bainter)
2 credits
Countries are increasingly choosing to act through international organizations as a means to promote their national security and economic interests. As a result, international organizations are playing a larger and more significant role in the development and enforcement of international law and exerting greater influence over the conduct of foreign affairs.
This course will address legal issues arising from the formation and operation of international organizations, both in international and in domestic law. Specific topics for study and discussion will include: Whether UN peacekeepers can be held liable for failure to prevent acts of genocide; whether organizations such as NATO and OSCE possess international legal personality and why it matters; and whether an international administrator in Bosnia usurps state sovereignty when he removes a legitimately elected president from office. 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.
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.
Media Law (Junichi Semitsu)
3 credits
This course provides a legal and policy overview of the key cases, legislation, and technologies affecting mass communications in the United States. Students will be exposed to a survey of five major areas of media law: governmental speech regulation (e.g., obscenity, prior restraint), libel, privacy, newsgathering rights, and copyright and fair use. While much of the assigned materials focus on print and broadcast media, the course will often examine the interplay between “new” media, cutting-edge technologies, and civil liberties. Discussion topics will run the gamut from the New York Times to TMZ, from crush videos to fantasy baseball sites, and from Nicole Richie’s fleeting expletives on Fox to Courtney Love’s disparaging rants on Twitter, leaving time to canvass the legal pitfalls awaiting YouTube when a user uploads an excerpt of the German film Downfall with the subtitles modified to suggest that Adolf Hitler is enraged about the vuvuzela’s ubiquity at the 2010 World Cup. One oft-explored question will be whether today’s communication laws – some established before most Americans had a home computer or cable television – will hold up or buckle in the face of emerging technologies and media platforms. By analyzing Mel Gibson’s privacy rights, Gizmodo bloggers’ newsgathering rights, and Voyeur Dorm’s speech rights, students will learn to help clients with communications and media issues in the post-Facebook era. While there are no formal prerequisites for the course, a prior knowledge of torts, constitutional law, and some basic intellectual property concepts might be helpful. No specialized technical knowledge is necessary, although students may get lost if their idea of new media is an AOL “500 Hours Free!” CD-ROM. The final course grade will be based on a take-home exam, midterm, and class participation.
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.
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.
Patents & Innovation (Ted Sichelman & Marcel Saucet)
3 credits
The role of patents play in the innovation process is a highly studied – yet, still unresolved – topic among legal and business scholars, economists, and historians. This seminar will address the topic by examining the following questions: Do patents hinder or promote the innovative process? What are the industry-specific innovation effects of patents? Should patents be tailored by industry to better promote innovation? Should a new kind of patent, often termed “innovation” or “commercialization” patents be adopted? What role do patents have on the creation of new business, jobs, and startup companies? Do patents differentially affect domestic versus foreign industries? Additionally, the seminar will analyze a work-in-progress of the professors examining the role of patents in the new field of “microinnovation” – small, barely perceptible, but important changes in product design, features, or branding. The course will conclude with student papers and presentations. Prerequisites:
IP Survey or any course in patent law are recommended, but not required.
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.
Trusts and Estates: Community Property (Wesley)
2 credits
In this course the non-tax aspects of estate planning are integrated, combining wills, trusts, future interests, and community property. Methods of family wealth transfer in both community property and non-community property jurisdictions are considered, including: inter vivos gifts, wills, trusts, intestate succession and will substitutes. Fiduciary administration; class gifts; powers of appointment; the rule against perpetuities; charitable trusts; classification, control and management of community property; and the distribution of property on dissolution of the community are studied.
Clinics
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.
Education & Disability 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 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.
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)
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.
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 academic credit for working in a law related externship position during the summer academic term. Students work a minimum of 60 hours per unit of credit and may receive 1-3 credits. 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 not permitted to work in a firm.
Agency Internship (Lizzette Herrera)
1-3 credits
The Agency Internship Program consists of a work component and a class component. The Agency Internship Program allows students to earn academic credit for working in a law related internship position. Students work a minimum of 60 hours per unit of credit and may receive 1-3 credits. 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 are able to take the course during one of three Summer Sessions: Early Summer Session (May 23-June 24), Main Summer Session (June 6-July 29), and Late Summer Session (July 5-July 29). Students participate in primarily on-line class sessions involving small group discussions, prepare weekly summaries of their work and complete a writing assignment. If you have been accepted into an internship placement and want to apply for the internship course, fill out the Internship application. If you have any other questions, email Lizzette Herrera Castellanos or call (619) 260-2342. The internship is graded on a Pass-Fail basis.
Corporate Counsel Internship Program (Ryan Harrigan) 1-3 credits
The Corporate Counsel Internship Program consists of a work component and a class component. The Corporate Counsel Internship 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. Students participate in primarily on-line class sessions involving small group discussions, prepare weekly summaries of their work and complete a writing assignment. Students are able to take the course during one of three Summer Sessions: Early Summer Session (May 23-June 24), Main Summer Session (June 6-July 29), and Late Summer Session (July 5-July 29). If you have been accepted into an internship placement and want to apply for the internship course, fill out the Corporate Counsel application. If you have any other questions, email 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 Internship Program consists of a work component and a class component and allows students to earn academic credit 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 work a minimum of 60 hours per unit of credit and may receive 1-3 credits. Students are able to take the course during one of three Summer Sessions: Early Summer Session (May 23-June 24), Main Summer Session (June 6-July 29), and Late Summer Session (July 5-July 29). Students participate in primarily on-line class sessions involving small group discussions. Students participate in primarily online class sessions involving small group discussions, prepare weekly summaries of their work and complete a writing assignment. If you have been accepted into an internship placement and want to apply for the internship course, fill out the ESIP application. If you have any other questions, email Lizzette Herrera Castellanos or call (619) 260-2342. 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.
