Course Descriptions

Spring 2015 Class Descriptions

California Torts (Edmund Ursin)
LWLP522

3 credit(s), Standard Letter Graded
Concentration(s): Health Law (JD)
Prerequisite(s): Torts

California Torts focuses on the unique body of doctrines, policies, and jurisprudential perspectives that make up California personal injury law. For the past half century the California Supreme Court has been the most influential state supreme court in the nation. Indeed, six of the seven “most followed” state supreme court decisions rendered since 1966 are tort decision of the California Supreme Court. Roughly speaking, there have been three generations of California tort law—and today’s tort law is an amalgam of the three. Beginning in the 1960s, the avowedly lawmaking court of the “Traynor era,” rewrote much of the fault-based, liability-limiting body of traditional tort doctrine, thereby establishing the doctrine of strict products liability and abolishing or limiting an array of no-duty rules and defenses that had shielded negligent defendants from liability. Beginning in the mid-1980s, however, the court—by then dominated by Republican appointees, but remaining a policy oriented lawmaking court—has created a third generation of decisions which have “refined,” or limited, the doctrines put in place by its liberal predecessor. First year torts courses inevitably obscure the unique character of California tort law—taken as a body of connected doctrines, policies, and jurisprudential perspectives. The forest, so to speak, is not seen and even “California trees” are often not in clear focus. The goal of this course is to enable students to understand the forest, see clearly—and understand—the individual trees, and to be able to anticipate new growths. This course will also serve as a review of material that will be tested on Bar examinations. Student who have taken the Enterprise, Products, and No-Fault Liability course are ineligible to take this course.

California Water Law (Brian E. Gray )
LWEV510

2 credit(s), Standard Letter Graded
Concentration(s): Environmental and Energy Law (LLMG), Environmental and Energy Law (LLMC), Environmental and Energy Law (JD), Environmental and Energy Law (MSLS)

This class provides an overview of the basic doctrines of United States water rights law, as well as a detailed study of California water resources management. We will study riparian rights, the prior appropriation system, groundwater rights, prescription, instream water rights, area-of-origin protections, and the important limitations on water rights embodied in the doctrines reasonable and beneficial use and the public trust. We also will consider the application of the modern environmental laws on water rights and water use. These laws include the Clean Water Act, the California Porter-Cologne Act, the federal and state Endangered Species Acts, the Central Valley Project Improvement Act, and section 5937 of the California Fish and Game Code.

We will analyze these legal topics by focusing on many of the great water development projects of the 19th and 20th Centuries: the gold rush and the spread of irrigated agriculture in the Central Valley; Los Angeles’ dewatering of the Owens Valley and Mono Basin; San Francisco’s damming of Hetch Hetchy Valley; the United States’ exploitation of the waters of the Lower Colorado River; and construction of the federal Central Valley Project and the California State Water Project. In turn, we will study the series of actions to restore the natural resources that have been degraded by these projects, which began in the late-20th Century and have continued into the 21st Century. These actions include the famous Mono Lake litigation, the ill-fated CALFED Bay-Delta Program, the San Joaquin River restoration settlement, the Delta Vision process and the enactment of the 2009 Delta Protection Act, the on-going Bay-Delta Conservation Plan negotiations, the State Water Resources Control Board's regulatory process to set water quality and stream flow standards for the Sacramento-San Joaquin River and Delta Ecosystem, and the continuing efforts to resolve the endangered species-water supply conflict over the Klamath River. We also will consider the severe drought that is afflicting California and the other western states, as well as the likely effects of global warming and climate change on California’s future water supplies and water resources planning.  This course will be graded by a take-home final exam.

Child Advocacy Clinic: Delinquency I (Robert C. Fellmeth)
LWVL503

4 credit(s), H/P/L/F Graded
Requirement(s): Skills
Concentration(s): Children's Rights (JD)
Prerequisite(s): See course description

Students work with assigned attorneys from the San Diego Office of the Public Defender, representing juveniles in delinquency court proceedings. Students are exposed to a wide variety of experiences, such as interviewing their minor clients; preparing briefs and motions; participating in hearings and conferences; coordinating with probation officers, investigators, etc.; and making court appearances as necessary and appropriate. Delinquency Clinic students must commit 20 hours per week to their Clinic work, and there is an additional one-hour classroom component each week. Students must have completed or be enrolled in Evidence, Civil Procedure and Child Rights and Remedies. Clinic slots are limited; students must obtain a permission slip from Professor Robert Fellmeth or Elisa Weichel before registering for the course.

Note: This clinic may be applied as the required clinic for the Children's Rights Concentration (JD).
Additional Information:Children's Rights JD Concentration

Child Advocacy Clinic: Dependency I & II (Robert C. Fellmeth)
LWVL507

4 credit(s), H/P/L/F Graded
Requirement(s): Skills
Concentration(s): Children's Rights (JD)
Prerequisite(s): See course description

Students work with assigned attorneys from the Dependency Legal Group of San Diego, representing abused and neglected children in dependency court proceedings. Students are exposed to a wide variety of experiences, such as interviewing child clients; presenting evidence during bench trials; preparing briefs and memoranda; participating in settlement conferences; conducting field work with investigators; and making court appearances as necessary and appropriate. Dependency Clinic students must commit 16 hours per week to their Clinic work, and there is an additional one-hour classroom component each week. Students must have completed or be enrolled in Evidence, Civil Procedure and Child Rights and Remedies. Clinic slots are limited; students must obtain a permission slip from Professor Robert Fellmeth or Elisa Weichel before registering for the course.

Note: This clinic may be applied as the required clinic for the Children's Rights Concentration (JD).
Additional Information:Children's Rights JD Concentration

Child Advocacy Clinic: Policy I & II (Robert C. Fellmeth)
LWVL505

1-3 credit(s), H/P/L/F Graded
Requirement(s): Skills
Concentration(s): Children's Rights (JD)
Prerequisite(s): Child Rights & Remedies

Students work with CAI professional staff on legislative and regulatory policy advocacy projects, impact litigation, public education projects, and/or policy research and analysis of current applications of law and regulations as they affect children. Policy Clinic students are also able to serve as Educational Representatives for at-risk youth and/or assist CAI’s Homeless Youth Outreach Project. Students must have completed or be enrolled in Child Rights and Remedies. Clinic slots are limited; students must obtain a permission slip from Professor Robert Fellmeth or Elisa Weichel before registering for the course.

Note: This clinic may be applied as the required clinic for the Children's Rights Concentration (JD).
Additional Information:Children's Rights JD Concentration

Civil Clinic I (Allen C. Snyder)
LWVL510

3-4 credit(s), H/P/L/F Graded
Requirement(s): Skills
Concentration(s): Civil Litigation (JD)
Prerequisite(s): Civil Procedure, Evidence
Recommended Class(es): Trial Advocacy or Practicum

Students interview, counsel and represent clients at Superior Court or in administrative hearings in a wide variety of cases under the supervision of an attorney. Students draft pleadings and correspondence, as well as confer and negotiate with opposing counsel/parties. Weekly group meetings are combined with individual case conferences to provide intensive personal training in litigation techniques, problem solving and case management. Students also learn general civil litigation practice and procedures. Prerequisites: Civil Procedure, Evidence Recommended: Practicum or Trial Advocacy. The clinic is graded on a 4-tier Pass-Fail basis.

Note: There are limitations on JD concentration eligibility. Please check the Civil Litigation Concentration web page for more information.
Additional Information:Civil Litigation Concentration

Civil Clinic II (Allen C. Snyder)
LWVL511

1-4 credit(s), H/P/L/F Graded
Requirement(s): Skills
Concentration(s): Civil Litigation (JD)
Prerequisite(s): Civil Procedure, Evidence
Recommended Class(es): Trial Advocacy or Practicum

Students interview, counsel and represent clients at Superior Court or in administrative hearings in a wide variety of cases under the supervision of an attorney. Students draft pleadings and correspondence, as well as confer and negotiate with opposing counsel/parties. Weekly group meetings are combined with individual case conferences to provide intensive personal training in litigation techniques, problem solving and case management. Students also learn general civil litigation practice and procedures. Prerequisites: Civil Procedure, Evidence. Recommended: Practicum or Trial Advocacy. The clinic is graded on a 4-tier Pass-Fail basis.

Note: There are limitations on JD concentration eligibility. Please check the Civil Litigation Concentration web page for more information.
Additional Information:Civil Litigation Concentration

Civil Procedure II (Jane Henning)
LWAA511

3 credit(s), Standard Letter Graded

Civil Procedure is the study of procedural rules governing civil actions in state and federal courts. The topics studied throughout the year include selection of the proper court and place for litigation, jurisdiction over the parties, joinder of parties and claims, contents of pleadings, discovery, pre-trial motions, conduct of trials, and conflicts between state and federal judicial systems.

Civil Rights Law & History (Gail Heriot)
LWPP519

3 credit(s), Standard Letter Graded

This course will explore the legal history of civil rights from the 19th century to the present and will also cover civil rights issues that confront federal and state policymakers today, including human trafficking, hate crimes and same-sex marriage. Among the questions that will be explored will be, “What are ‘civil rights’ and how has the meaning of that term changed over time?” The Reconstruction amendments to the Constitution will be discussed with special emphasis on the Thirteenth Amendment, given that its sesquicentennial is coming up in 2015. Legislation like the New York Married Women’s Property Act of 1848, the Mississippi Black Code, the Reconstruction civil rights acts, the Civil Rights Act of 1957, the Civil Rights Act of 1964, the Voting Rights Act of 1965 and the Americans with Disabilities Act as well as failed efforts like the proposed Equal Rights Amendment will also be explored. Some non-legal historical reading will also be included. This course is aimed at enhancing student understanding of how foundational concepts such as "civil rights" endure and as well as evolve over time and are translated into constitutional and statutory texts, legal institutions and public policy. This course is open only to students enrolled in the Washington, D.C. Externship Program.

Community Property (Garrison Klueck)
LWTE544

3 credit(s), Standard Letter Graded

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.

Complex Litigation (Alan Schulman)
LWLP523

3 credit(s), Standard Letter Graded
Requirement(s): Skills
Concentration(s): Civil Litigation (JD), Employment and Labor Law (JD)
Prerequisite(s): Civil Procedure

This course offers in-depth instruction in how class actions and other aggregate party lawsuits are litigated in federal courts, taught by a trial lawyer with more than 30 years experience litigating class actions. The course covers the case law and practice skills involved in litigating cases under Rule 23, with special focus on several important substantive areas of class action practice – consumer, securities fraud, employment discrimination, and mass tort. 

Constitutional Interpretation (Stanley Fish, Del Dickson)
LWPP529

3 credit(s), Standard Letter Graded

This course will examine competing theories of legal interpretation– textualism, intentionalism, and the living constitution. We shall read and discuss representative formulations of each theory, and consider what implications for the process of legal decision making each holds. We will then move to consider interpretation in a more general sense, looking to major controversies in other fields and relating them to comparable controversies in law. The final course grade will be based on a midterm and several papers. This class does not fulfill the law school’s written work requirement.

Constitutional Law I (Staff)
LWAA515

4 credit(s), Standard Letter Graded

This course provides an introduction to the United States Constitution, stressing the theory and practice of judicial interpretation and review, the separation of federal powers, the relation of the states to the federal government, and specific powers of the federal government. It also provides an introduction to the Bill of Rights and its limitations on the exercise of governmental power, with emphasis on freedom of speech.

Constitutional Law II (Maimon Schwarzschild, Miranda Oshige McGowan)
LWPP525

3 credit(s), Standard Letter Graded
Prerequisite(s): Constitutional Law I

This courses covers the Fourteenth Amendment's equal protection and due process clauses. Specific topics include race discrimination (including school desegregation and affirmative action), gender discrimination, discrimination against gays and lesbians, voting rights, privacy (including abortion, sexual freedom, and the right to die), and property. A final exam is required. 

Contracts (Staff)
LWAA520

4 credit(s), Standard Letter Graded
Concentration(s): Business and Corporate Law (MSLS), Business and Corporate Law (LLMC)

An introduction to legal reasoning and analytical skills through an investigation of how the law enforces agreements. Included are such topics as: the requirements for the formation of a contract; problems of interpretation; damages for breach; the statute of frauds; illegality; and problems which arise during the performance stage of a contract, such as the creation and failure of express and implied conditions, excuse through impossibility or frustration of purpose, and discharge. Article II of the Uniform Commercial Code is introduced and compared with the common law of contracts.

Corporate Counsel Internship (Beth Baier)
LWVL591

1-3 credit(s), P/F Graded
Requirement(s): Skills
Concentration(s): Intellectual Property (LLMC), Business and Corporate Law (LLMC), LLM in Business and Corporate Law (LLMB), Intellectual Property (JD), Health Law (JD), Employment and Labor Law (JD), Business and Corporate Law (JD), Intellectual Property Law (LLMG)

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. 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 contact Julie Remer, Assistant Dean, Career and Professional Development at julieremer@sandiego.edu or Professor Margaret Dalton, Faculty Director, Clinical and Placement Education at mdalton@sandiego.edu. The internship is graded on a Pass-Fail basis.(lawstudentaffairs@sandiego.edu) to find out if your work in this clinic qualifies for a JD concentration.

Students must attend a mandatory orientation on one of these dates and times: Friday, January 16,2015 at 1:00 pm or Saturday, January 17,2015 at 10 am.

Note: There are limitations on JD concentration eligibility. Please check the JD concentrations web pages for more information. Contact Law Student Affairs to find out if your work in this internship qualifies for a concentration.
Additional Information:JD Concentrations Web Page

Corporate Innovation and Legal Policy (Orly Lobel)
LWIP528

3 credit(s), Standard Letter Graded
Requirement(s): Writing
Concentration(s): Business and Corporate Law (MSLS), Intellectual Property Law (LLMG), Employment and Labor Law (LLMG), Intellectual Property (LLMC), Business and Corporate Law (LLMC), LLM in Business and Corporate Law (LLMB), Intellectual Property (JD), Employment and Labor Law (JD), Business and Corporate Law (JD), Intellectual Property Law (MSLS)

What are the optimal policy ingredients and business strategies for managing innovation? How can business leaders, inventors, lawyers, and policymakers benefit from the connections between corporate success, intellectual property, and human capital? The course will introduce foundations of intellectual property law and employment and organizational practices. We will examine corporate policies and disputes over the control of ideas, secrets, skill and intellectual property. In particular, we will analyze non-compete contracts, trade secrets and non-disclosures, information privacy, economic espionage, employee duties of loyalty, including prohibitions on customer and co-worker solicitation and raiding for competitive endeavors; and employer ownership over inventions and artistic work, including pre-invention patent assignment agreements and work-for-hire disputes. In the past few years, the black box of innovation has been pierced with a plethora of new interdisciplinary research and practice. At the same time, industry and policymakers in the United States, like other countries around the world, are debating the benefits of existing EIP laws. In the course, we will bring together these various developments to identify how companies can sustain their innovative capacities, commercialize science, and manage creativity, and to assess how differences in regulatory and contractual arrangements in the employment relationship can impact key aspects of innovation, such as the rate of patent filings, the level of network participation in intellectual and creative endeavors, individual motivation to innovate, organizational behavior, and talent mobility.

Note: This course may be applied as part of the nine required credits for the Employment and Labor Law Concentration (JD).
Additional Information:Employment and Labor Law Concentration

Corporate Reorganization (M. Carr Ferguson)
LWTE510

3 credit(s), Standard Letter Graded
Concentration(s): Taxation (MSLS), Business and Corporate Law (MSLS), LLM in Taxation (LLMT), Taxation (LLMC), Business and Corporate Law (LLMC), LLM in Business and Corporate Law (LLMB), Business and Corporate Law (JD)
Prerequisite(s): Tax I, Corporations
Recommended Class(es): Tax II

This course considers the tax treatment of corporations and shareholders in corporate acquisitive reorganizations, single corporation reorganizations and corporate divisions, including carryovers. Tax II is recommended but not required. Prerequisite: Tax I and Corporations.  This is an advanced tax course with priority enrollment for LLM in Taxation students. 

Corporations (Lynne L. Dallas)
LWBC545

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

This course examines the structure and the rights and obligations of directors, officers, and shareholders mainly under state corporations law. Other topics include partnerships and limited liability entities. The course covers, among other subjects, the characteristics of the corporation as distinct from other forms of business association, the special problems of the closely-held corporations (a corporation owned by a few persons), the fiduciary obligations of directors and controlling shareholders in closely-held and public corporations, procedures for decision making by directors and shareholders, shareholder voting rights, and certain federal securities law subjects, such as insider trading.

Note: This is a required course for the Business and Corporate Law Concentration (JD) and the LLM in Business & Corporate Law.

Criminal Clinic I (Jean Ramirez)
LWVL515

3-6 credit(s), H/P/L/F Graded
Requirement(s): Skills
Concentration(s): Criminal Law (LLMG), Criminal Law (LLMC), Criminal Litigation (JD)
Prerequisite(s): Evidence, Criminal Procedure I, Trial Advocacy/or Practicum, Criminal Law
Recommended Class(es): Criminal Procedure II

This course focuses on the knowledge and skills required to litigate criminal cases in the trial courts. Students intern with an approved defense or prosecution trial agency in the criminal justice system. Students also meet in class for two hours each week. The class component tracks a fictitious, but realistic, criminal case from arrest through sentencing, but not trial, providing students with an overview of the process. Students participate in simulation exercises at various stages of the case and participate in discussions on relevant topics. Prerequisites may be taken concurrently with the instructor’s permission. Students seeking permission to take one or more prerequisites concurrently must make an appointment to discuss the matter with the course instructor in a face-to-face meeting. This variable credit course is graded on a 4-tier Pass-Fail basis. Course credit is based on completion of a minimum number of internship hours: 3 credits-60 hours, 4 credits-120 hours, 5 credits-180 hours, and 6 credits-240 hours.

Note: There are limitations on JD concentration eligibility. Please check the Criminal Litigation Concentration web page for more information.
Additional Information:Criminal Litigation Concentration

Criminal Clinic II (Jean Ramirez)
LWVL516

2-6 credit(s), H/P/L/F Graded
Requirement(s): Skills
Concentration(s): Criminal Law (LLMG), Criminal Law (LLMC), Criminal Litigation (JD)
Prerequisite(s): Criminal Clinic I, Criminal Clinic I Prerequisites
Recommended Class(es): Criminal Procedure II

Students who have completed Criminal Clinic I, intern with a defense or prosecution trial agency in the criminal justice system. The Criminal Clinic II internship must be materially different than the Criminal Clinic I internship. There is no class component. This variable credit course is graded on a 4-tier Pass-Fail basis. Course credit is based on completion of a minimum number of internship hours: 2 credits-120 hours, 3 credits-180 hours, 4 credits-240 hours, 5 credits-300 hours, 6 credits- 360 hours. (The minimum number of internship hours for course credit differs from that of Criminal Clinic I, because Criminal Clinic I includes a class component.)

Note: There are limitations on JD concentration eligibility. Please check the Criminal Litigation Concentration web page for more information.
Additional Information:Criminal Litigation Concentration

Criminal Procedure I (Kevin Cole)
LWCR520

3 credit(s), Standard Letter Graded
Concentration(s): Criminal Law (MSLS), Criminal Law (LLMG), Criminal Law (LLMC), Criminal Litigation (JD)

This course explores constitutional limitations upon the investigation of crime under the fourth, fifth, sixth and fourteenth amendments. Its focus is on the law governing searches, seizures, and police interrogation. Topics include the nature of a fourth amendment search; arrest and investigative detention; warrants and exceptions to the warrant requirement; confessions; and the application of the exclusionary rules.

Students are required to purchase an i>Clicker. The clicker responses are not part of the student’s grade, but the clickers will be used to give feedback and to ensure compliance with the attendance policy. The bookstore sells new and used i>Clickers and will repurchase clickers in good condition at the end of the semester. You may also purchase them from other sites. Every version, including the early, “text only” model, will suffice.

Note: This is a required course for the Criminal Litigation Concentration (JD).

Criminal Procedure II (Hon. Richard Huffman)
LWCR525

3 credit(s)
Concentration(s): Criminal Law (MSLS), Criminal Law (LLMG), Criminal Law (LLMC), Criminal Litigation (JD)
Prerequisite(s): Criminal Procedure I

In this advanced criminal procedure class, students will continue the study commenced in Criminal Procedure I, focusing on the processing of a criminal defendant through the criminal justice system. The course will address a number of issues regularly presented in criminal cases, including the charging process, the right to a speedy trial, criminal discovery and disclosure, the right to jury trial, the right to effective assistance of counsel, the right to confrontation and the exercise of the privilege against self incrimination at trial. In addition the course will include discussions of the principles of the right against double jeopardy, and post conviction remedies such as direct appeal and petitions for habeas corpus. The purpose of the course is to develop an understanding of the basic structure of the criminal process in a federal system of government as well as the basic principles underlying the constitutional and procedural protections of the criminal justice system.


Note: This is a required course for the Criminal Litigation Concentration (JD).

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