Course Descriptions

Spring 2018 Class Descriptions

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), International Law (LLMC), Public Interest Law (JD)

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), International Law (LLMC), Public Interest Law (JD), International Law (JD)

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. 

In-House Corporate Counseling (Steven W. Spector, Stephen C. Ferruolo)
LWBC567

2 credit(s), Standard Letter Graded
Concentration(s): Business and Corporate Law (LLMC), LLM in Business and Corporate Law (LLMB), Employment and Labor Law (JD), Business and Corporate Law (JD)
Prerequisite(s): Corporations

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 Dean Stephen C. Ferruolo 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.

Income Tax of Trusts & Estates (Ann Harris)
LWTE536

2 credit(s), Standard Letter Graded
Concentration(s): Taxation (MSLS), LLM in Taxation (LLMT), Taxation (LLMC)
Prerequisite(s): Tax I, Trusts & Estates
Recommended Class(es): Federal Estate & Gift Taxation

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. 

 

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

2 credit(s), Standard Letter Graded
Concentration(s): International Law (MSLS), LLM in International Law (LLMI), LLM in Taxation (LLMT), Taxation (LLMC), International Law (LLMC), International Law (JD), Taxation (MSLS)
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), International Law (LLMC), International Law (JD), International Law (MSLS)

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.

Intellectual Property Seminar (Ted Sichelman)
LWIP540

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

This seminar will explore cutting-edge topics in intellectual property law, such as the major theories of IP rights; the role IP plays in innovation and creativity; how trademarks promote product “branding”; the use of patents in commercializing inventions; the effects of trade secrecy and non-competition agreements on R & D and employee mobility; the use of IP by startup companies; private markets for buying, selling, and licensing IP rights; copyrights in the entertainment industry; IP & software; alternatives to IP; and IP, global development & access to knowledge. Students are required to write a research paper and present the paper during the second half of the semester. The final grade is based on the paper (but not the presentation), with push points for class participation. 

Note: There are no prerequisites for the course, but completion of one IP course or work experience in IP will be helpful to understand the course material.

International Arbitration (David W. Brennan)
LWIC530

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

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), Environmental and Energy Law (LLMG), International Law (LLMC), International Law (JD), Environmental and Energy Law (JD)

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): International Law (MSLS), Business and Corporate Law (MSLS), LLM in International Law (LLMI), International Law (LLMC), Business and Corporate Law (LLMC), LLM in Business and Corporate Law (LLMB), International Law (JD), Business and Corporate Law (JD)

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): International Law (MSLS), LLM in International Law (LLMI), LLM in Taxation (LLMT), Taxation (LLMC), International Law (LLMC), Taxation (MSLS), International Law (JD)
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.

Intro to US Law (Horacio Spector)
LWGC530

2 credit(s), Standard Letter Graded

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.


Note: This course is for LLMC students only.

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