Course Descriptions

Spring 2018 LLM in International Law Class Descriptions

Agency Externship I (John Sansone)
LWVL596

1-4 credit(s), P/F Graded
Requirement(s): Experiential
Concentration(s): LLM in International Law (LLMI)

The Agency Externship Program provides students the opportunity to gain valuable clinical legal experience for academic credit with a government agency or non-profit organization during the fall, spring or summer semesters. (The externship program does not allow students to receive academic credit for working in a private law firm). Students may enroll in the Agency Externship Course for
1 - 4 units of credit and must complete a minimum of 50 hours per credit (100 hours for 2 credits and 150 hours for 3 credits).

Academic requirements include: mandatory orientation, journals between student and professor relating to the field placement; periodic discussion boards on legal practice topics; a three-five page reflective paper at the end of the semester; an example of work product for professor review; and, satisfactory completion of work experience. The externship is graded on a Pass-Fail basis.

If you have been offered and have accepted a field placement, meet the eligibility requirements, agree to meet the course obligations and want to register for the Externship course, fill out the Field Placement Form. The Office of Career and Professional Development will then confirm your placement and instruct you on registering for the course.

Contact lawcareers@sandiego.edu with placement questions. Contact Professor John Sansone, Academic Director, at jsansone@sandiego.edu with academic questions.

Note: There are limitations on JD concentration eligibility. Please check the concentration web pages for more information. Contact Law Student Affairs to find out if your Agency Internship qualifies for a concentration.
Additional Information:Concentrations Web Page, Email Law Student Affairs

Bus Transactions in the People's Republic of China (Ralph H. Folsom)
LWBC546

3 credit(s), Standard Letter Graded
Requirement(s): Writing
Concentration(s): LLM in International Law (LLMI)

This course focuses on inbound and outbound sales, licensing and foreign investment transactions related to the PRC, including negotiations, regulations,dispute settlement and the law, legal system and politics of the PRC and Hong Kong SAR. A research paper suitable for the Law School's writing requirement is mandatory.

Comparative Con Law (Laurence Claus)
LWIC515

3 credit(s), Standard Letter Graded
Requirement(s): Writing
Concentration(s): LLM in International Law (LLMI)

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.

European Union Commercial Law (Jens Schovsbo, Vibe Ulfbeck)
LWIC522

1 credit(s), Standard Letter Graded
Concentration(s): LLM in International Law (LLMI)

As business is becoming more international so must the law and lawyers. In a world of international trade and transactions companies and their advisers need to have a global legal horizon. Until quite recently, it would not have made any practical sense to talk about an “EU commercial law”. However, due to the ongoing harmonization of the law of the EU countries a body of truly common European law is emerging from the melting pot of the national laws and traditions and EU institutions and courts. The course draws on the results of 30 years of continued and ongoing EU harmonization to provide US law students with an overview of some of the central aspects of European commercial law. The course focuses on the practical legal problems facing an American enterprise doing business in Europe but at the same time provides for a basic understanding of the EU legal framework. After a brief general introduction to EU law the course falls in two parts. Part I deals with the transfer of goods and covers such topics as general contract law (PECL Principles of European Contract Law), the EC directive on Unfair Contract Terms, and the EC directive on Products Liability. Part II deals with the trade in intangible rights notably patents and trademarks. This part opens with a general presentation of the European systems for the protection of inventions and trademarks. It then moves on to discuss aspects relating to the exercise of those rights in regard to the Treaty rules on the free movement of goods (“parallel importation” and the principle of “exhaustion of rights”) and to tech-trans agreements and other issues involving competition law. The course requires no prior knowledge of European law.  There will be a final exam scheduled in March.

Global Antitrust (Roy Hoffinger)
LWBC566

3 credit(s), Standard Letter Graded
Requirement(s): Writing
Concentration(s): LLM in International Law (LLMI)

This course introduces students to antitrust law in leading jurisdictions worldwide. As economies become increasingly global, U.S. and other businesses can be directly and indirectly affected by these laws, including especially laws outside the U.S., which are materially more restrictive than corresponding U.S. law. The course is designed to provide students with at least rudimentary familiarity with basic concepts, as well as approaches to utilize with business clients regarding their operations and expectations. In addition, the course will cover the impact of politics, industrial policies and the enforcement process, all of which are often determinative in lieu of antitrust principle and evidence.

Immigration Clinic I (Sandra M. Wagner)
LWVL530

2-4 credit(s), H/P/L/F Graded
Requirement(s): Experiential
Concentration(s): LLM in International Law (LLMI)

Students gain practical experience through interviewing, counseling, and representing clients with immigration-related problems. Students have the opportunity to assist clients with a range of immigration issues such as naturalization, lawful permanent residency, derivative citizenship, deferred action, and U-visa and VAWA for domestic violence and abuse victims. Students may attend U.S. Citizenship and Immigration Services interviews related to their client’s applications. Students may also attend and participate in community immigration outreach. Weekly meetings are held with the clinic supervisor and other interns to discuss immigration law, practical application and casework. The clinic is graded on a 4-tier Pass-Fail basis. No Prerequisites.

 

Immigration Clinic II (Sandra M. Wagner)
LWVL531

1-4 credit(s), H/P/L/F Graded
Requirement(s): Experiential
Concentration(s): LLM in International Law (LLMI)

Clinic II interns refine their skills, working on complex cases and cases already begun as Clinic I interns. Students may mentor first time clinic participants, serve as lead attorney on cases, and have additional opportunities to appear in court or administrative proceedings. Supervising attorneys/adjunct professors provide individualized coaching, based on the Clinic II interns’ needs and interests. Prerequisite: Successful completion of Clinic I in the same clinic. The clinic is graded on a 4-tier Pass-Fail basis. 

Int'l Estate Planning (Raúl Villarreal Garza, Elettra Menarini, Patrick W. Martin )
LWTE538

2 credit(s), Standard Letter Graded
Concentration(s): LLM in International Law (LLMI)
Prerequisite(s): Tax I

The course will address U.S. federal taxation issues (both income and transfer taxes) for multi-national families in this modern day of global living, investment and travel. A detailed review of the income tax rules under Subchapter J and the transfer tax rules for persons who are not U.S. persons will be addressed. Additionally, strategic planning considerations will address pre-immigration and emigration taxation and estate/wealth planning. Grades will be based on quizzes, take home assignments/projects and a final exam.

Int'l Migration Law & Policy (Horacio Spector)
LWIC545

3 credit(s), Standard Letter Graded
Requirement(s): Writing
Concentration(s): LLM in International Law (LLMI)

This course includes elements of public international law and comparative law in the emerging area of international migration. The international normative system on forced migrations is interpreted and implemented in different ways by the States members of the 1951 Convention relating to the Status of Refugees, which gives rise to a rich array of international and comparative precedents. Students will learn the international norms relating to forced migrations and the rulings of American and European courts that apply those norms to particular controversies. Class discussions will focus on various alternatives to redesign the international system and propose an alternative structure that be capable of providing fairer and more efficient solutions to this serious problem. Successful completion of the paper will fulfill the law school’s written work requirement.

International Arbitration (David W. Brennan)
LWIC530

3 credit(s), Standard Letter Graded
Requirement(s): Experiential
Concentration(s): LLM in International Law (LLMI)

The course covers all aspects of international arbitration from drafting of the arbitration agreement through initiating and conduct of the arbitration proceeding that results in a binding and enforceable award. The class encourages students’ pro-active participation in a sequence of written submissions for the arbitration proceeding based on a fictional rolling fact-pattern problem. This practicum allows students to work in teams or individually presenting arguments during class sessions in a mock-arbitral tribunal setting to address a spectrum of arbitration and procedural issues. The course objectives are to provide a thorough knowledge of international arbitration laws, and an understanding of the procedural and practice requirements, and to acquire the ability to perform the steps and strategies to effectively conduct an arbitration case on behalf of a client. The UNCITRAL Model Law (2006) will be a primary focus of the study. California’s Arbitration Act is similar to the Model Law so the course information is useful for future domestic arbitrations. The final grade is based on a combination of the class work and the practicum with a take-home final examination. The class-related work counts for 35% and the take-home exam for the other 65% of the grade.

International Environmental Law ( Staff)
LWIC539

2 credit(s), Standard Letter Graded
Requirement(s): Writing
Concentration(s): LLM in International Law (LLMI)

This course introduces students to international environmental law and considers how law may be used to enhance international environmental protection. It commences with an overview of the international legal system in the context of environmental protection. It then discusses the history, development, sources and principles of international environmental law and reviews the role of the UN and other international agencies in the context of international environmental law-making. Next, it considers issues of particular interest to the United States. These may include climate change, energy, biodiversity and biotechnology, transboundary water, forests and protected areas, and environment and trade. It concludes by considering the resolution of international environmental disputes including international responsibility, the role of international courts and tribunals and the quantification of environmental harm.  

International Sales (William H. Lawrence)
LWIC555

3 credit(s), Standard Letter Graded
Concentration(s): LLM in International Law (LLMI)

This course focuses on the United Nations Convention on the International Sale of Goods (CISG), with comparisons to domestic law (the UCC in particular). Considerable time is devoted to the application of the CISG to problems that typically arise in international sales transactions. The course does not include an exam. Students instead prepare written memos that reflect the type of assignments they can expect in practice with a law firm.

International Tax Policy (Victor Fleischer)
LWIC540

2 credit(s), Standard Letter Graded
Requirement(s): Writing
Concentration(s): LLM in International Law (LLMI)
Prerequisite(s): Tax I

This course will offer an overview of principal policy considerations that af- fect our international tax rules. Topics will include the merits of different tax systems (worldwide, territorial, hybrid), coordination with international organizations, questions of tax administration and legal complexity, the effi- ciency implications of international tax, 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. It will also review the latest proposed legislation, assess its merits, and project how it might affect tax practice in the future. 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.

NAFTA and Free Trade (Ralph H. Folsom)
LWIC568

3 credit(s), Standard Letter Graded
Requirement(s): Writing
Concentration(s): LLM in International Law (LLMI)

Free Trade Agreements (FTAs) have dramatically multiplied in number and scope, often covering foreign investment, intellectual property, cross-border services, environmental and labor issues, and dispute settlement arbitrations, in addition to trade in goods. This course provides an introduction to the law and policy issues of Free Trade Agreements, focusing particularly on the renegotiation of the North American Free Trade Agreement (NAFTA) and KORUS, the U.S.-Korea FTA. FTAs of Japan, China, South-East Asia, Africa and the Middle East, Latin America, the United States and the European Union will also be considered.


This research paper course is designed to allow fulfillment of the Law School’s Writing Requirement.

Public International Law (Fred Heller)
LWIC575

3 credit(s), Standard Letter Graded
Concentration(s): LLM in International Law (LLMI)

Instant communications, easier travel and expanding international trade mean the actions, interests and welfare of nations and their citizens have become increasingly intertwined, each impacting the others. To regulate this impact, nations have established a multi-level system of law, and some have established multinational organizations which in turn have their own legal systems. This class will survey key components of the resulting aggregation of law (known generally as public international law). It will examine laws governing treaties and other international agreements, the nature and content of customary international law, the recognition of states and governments, the role and operation of international and regional organizations, state responsibilities, laws protecting foreign investments, international dispute resolution mechanisms, the law of the sea and the law of space, and selected other topics. The class will also examine selected controversies of the day to assess how public international law works in difficult situations (for example, in North Korea, Syria, Myanmar, Crimea, Kurdistan and many other places).


Note: This is a required course for the International Law Concentration (JD).

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