Course Descriptions

Spring 2012 Class Descriptions

Patent Law Policy (Ted Sichelman)

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

This seminar will examine contemporary policy issues in patent law, using doctrinal, economic, and historical approaches. Readings will be drawn from a variety of law review articles and books. Grades will be based on a final paper. Students must either (1) have taken at least one of the following courses: Intellectual Property Survey, Patent Law, or Biotech Patent Law; or (2) must have taken and passed the USPTO patent bar examination.

Patent Prosecution (Sam K. Tahmassebi)

2 credit(s)
Concentration(s): Intellectual Property (LLMC), Intellectual Property (JD), Intellectual Property Law (LLMG)
Prerequisite(s): See course description

This course examines the practical aspects of patent practice. Topics covered include a detailed review of patent prosecution, procedures before the US Patent & Trademark Office, and the requirements of Title 37 of the Code of Federal Regulations. In addition, the course discusses issues related to inventor interview techniques, development of an IP strategy for a client, and licensing issues. Ethical issues related to inequitable conduct, duty of candor, and proper representation of clients are addressed. Students will prepare a mock patent application for a simple invention, examine it, and respond to mock PTO Office Actions. Prerequisite: Intellectual Property Survey, or Patent Law. No technical background is required. Grade will be based on a final exam and work on a mock patent application.

Practicum-Civil (Richard J. Wharton)

3 credit(s)
Requirement(s): Skills
Concentration(s): Civil Litigation (JD)
Prerequisite(s): Evidence

The Legal Practicum is an innovative and creative approach to legal education. The course simulates as realistically as possible the practice of law in a small firm setting. Participants are placed in two-partner firms and handle diverse cases. You will be taught by law school faculty and highly regarded local attorneys who specialize in the area of law in which you are working. (If you have taken Lawyering Skills II you are not eligible to take this course.Prerequisite: Evidence

Note: Students may only elect this course or Lawyering Skills II to count toward the Civil Litigation Concentration (JD).

Professional Responsibility (Junichi P. Semitsu)

3 credit(s)

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.

Property (Staff)

4 credit(s)

Consideration is given, in both a historical and modern sense, to the rights and obligations that arise out of the legal ownership of possessory and non-possessory interests, tangible, and to a limited extent, intangible, personal, and real property. Areas covered include estates in land, landlord-tenant, conveyancing, land development, public and private control of land use, non-possessory rights in land, bailments, lost and misplaced property, gifts, and an introduction to gratuitous transfers of realty.

Public Interest Law & Practice (Robert C. Fellmeth)

4-5 credit(s)
Requirement(s): Skills
Concentration(s): Public Interest Law (JD)

4 or 5 credits - Year-long course Students study the substantive laws governing the functioning and decision making of state administrative agencies. These laws include the "sunshine statutes" which require most agency decision making 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 two California agencies; they travel all over the state to attend agency meetings, monitor and analyze their activities, interview agency officials and licensees, and track rulemaking, legislation, and litigation affecting their agencies. Twice during the year, students submit written reports on the activities of their assigned agencies. These reports are edited by CPIL professional staff and published, with attribution to the student author, in the Center's California Regulatory Law Reporter, the only legal journal of its kind in the nation; the Reporter is reprinted in full on Westlaw. Students wishing to take Public Interest Law and Practice should pre-register for the course. Public Interest and Practice is subject to a special application procedure or visit the CPIL’s offices (rear door of the LRC) for further information.

Note: This course may be applied as one of the three required courses for the Public Interest Law Concentration (JD).

Public Interest Law Clinic (Robert C. Fellmeth)

1-3 credit(s)
Requirement(s): Skills
Concentration(s): Public Interest 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. Student critiques of publishable quality may satisfy USD's written work requirement. 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.

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