Course Descriptions

Fall 2017 Class Descriptions

Partnership Tax (Victor Fleischer)
LWTE545

3 credit(s), Standard Letter Graded
Concentration(s): Taxation (MSLS), LLM in Taxation (LLMT), Taxation (LLMC)
Prerequisite(s): Tax I

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

Patent Law (Joseph M. Reisman, Maria V. Stout)
LWIP570

2 credit(s), Standard Letter Graded
Concentration(s): Intellectual Property Law (MSLS), Intellectual Property Law (LLMG), Intellectual Property (LLMC), Intellectual Property (JD)

The purpose of this course is to prepare students to understand the law and analyze the problems involved in protecting inventions under U.S. Patent Laws and in protecting trade secrets under the common law and the California Trade Secret Statute. Although the protection of state-of-the-art technology, including software and biotechnology, is included in portions of the course, technical or scientific expertise of the student is not a prerequisite.

Note: May be applied as part of the six required credits for the Intellectual Property Concentration (JD).

Patent Litigation I (Michael Amon, Craig Countryman)
LWIP568

2 credit(s), H/P/L/F Graded
Requirement(s): Experiential
Concentration(s): Intellectual Property Law (MSLS), Intellectual Property Law (LLMG), Intellectual Property (LLMC), Intellectual Property (JD)
Prerequisite(s): Patent Law or concurrent enrollment

The patent litigation course provides substantive patent law knowledge with a focus on the practical application and litigation skills. This course is appropriate for students who have taken or are taking patent law and other intellectual property courses and who are seeking to deepen and refine their understanding of how patent litigation actually works. This course will be of particular interest to students who envision practicing in the areas of patent litigation or patent prosecution. Grading will be based on written assignments, participation in classroom discussions, and participation in the various in-class exercises. Previous coursework in general patent law is recommended but not required. Patent Law is a pre-or-co-requisite.The course is graded on a 4-tier Pass-Fail basis

Private Enterprise Structures (Peter Molk)
LWBC573

1 credit(s), Standard Letter Graded

This course will introduce students to the fundamental implications of firm ownership, with an overview of diverse ownership structures: investors, suppliers, employees, and customers. Students will examine why the identity of a firm’s owners matters, and explore various governance mechanisms that mediate interactions among owners, suppliers, employees, and customers. Class will include a survey approach to key legal and regulatory issues that arise with particular ownership forms. The class will adopt primarily a law and economics approach. Grades will be based on a series of short papers.

Professional Responsibility (David McGowan, David W. Brennan)
LWAA580

3 credit(s), Standard Letter Graded

The roles of the lawyer in society and the obligations implied in those roles are examined. Topics include disciplinary standards and procedures, the history and organization of the legal profession; avoiding conflict of interest; obligations to clients, the courts, and society, and conflicts presented by the adversary system for settlements of disputes; and responsibilities of lawyers as public servants and citizens. American Bar standards will be reviewed.

Public Interest Law & Practice (Robert C. Fellmeth)
LWPP570

2-3 credit(s), Standard Letter Graded
Requirement(s): Experiential
Concentration(s): Environmental and Energy Law (LLMG), Environmental and Energy Law (LLMC), Public Interest Law (JD), Health Law (JD), Environmental and Energy Law (JD), Children's Rights (JD)

Public Interest Law & Practice (PILP) is a yearlong graded course in which students learn the substantive law governing the operation and decisionmaking of California regulatory agencies. Students may take the course for four or five units. Public interest lawyers represent interests that are diffuse, unorganized, and generally underrepresented - such as consumers, the environment, children, and the future - in governmental decisionmaking that affects them. PILP focuses on specific laws that enable public interest lawyers to effectively advocate for their clients. Specifically, PILP students study the sunshine statutes which require most agency decisionmaking 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 a major California agency; they travel all over the state to attend agency meetings; monitor and analyze agency activities, interview agency officials and licensees; and track rulemaking, legislation, and litigation affecting their agency. Twice during the year, students submit a written report covering the activities of their assigned agency, including recent legislation and court decisions affecting the agency and its licensees, which may be published. Students will also give public comment before their assigned agency during the spring semester, and participate in various simulated advocacy exercises in class throughout the academic year.

Note: This is a required course for the Public Interest Law Concentration (JD). This course only counts towards the Environmental and Energy Law Concentration (JD) if your course focus is on environmental or energy law. This course only counts towards the Health Law Concentration (JD) if your course focus is on health law.
Additional Information:Public Interest Concentration, Environmental and Energy Law Concentration

Public Interest Law Clinic (Robert C. Fellmeth)
LWVL544

1-3 credit(s), H/P/L/F Graded
Requirement(s): Skills
Concentration(s): Environmental and Energy Law (LLMG), Environmental and Energy Law (LLMC), Public Interest Law (JD), Health Law (JD), Environmental and Energy Law (JD)

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. 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. The clinic is graded on a 4-tier Pass-Fail basis.


Note: There are limitations on JD concentration eligibility. Please check the Environmental and Energy Law Concentration and Health Law Concentration web pages for more information.
Additional Information:Environmental and Energy Law Concentration, Health Law

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