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ADJUDICATION SEMINAR (Horton)
2 or 3 credits
This limited-enrollment seminar, which is meant for upper class students who contemplate a judicial clerkship or who have decided on a career in litigation, deals with the methods of litigation and courtroom adjudication. Students taking a judicial internship are required to take this seminar, generally as a co-requisite of the internship. Lawyering Skills II is a desirable course to take prior to or while taking Adjudication Seminar. A paper or similar project is required. The written work requirement may be satisfied by successful completion of some types of papers or projects available to students in the course.
ADMINISTRATIVE LAW (Rappaport)
3 credits
This course discusses the basic rules and principles governing federal administrative agencies. Subjects covered include the procedures governing administrative agencies, judicial review of administrative action, and presidential and congressional controls over agencies. The rules governing agencies are quite different from those that govern courts. Knowledge of these rules has become increasingly important, as many practitioners are now likely to spend more time dealing with administrative agencies than litigating in court.
ADVANCED BUSINESS PLANNING (Shaw)
2 credits
The course consists of a series of planning problems dealing with critical events in the life of a corporation (formation, recapitalization, redemption, reorganization, etc.). Each is viewed from both the corporate law and the tax law points of view and the emphasis is always on problem solving and choosing between possible solutions. For each seminar meeting, there will be assigned, ungraded homework. Each student will do two papers (one tax, one corporate) which will be graded. Prerequisites: Tax I or its equivalent and Corporations or its equivalent (at the J.D. level). This is an advanced tax course with priority enrollment for LL.M. in Taxation students.
ADVANCED CALIFORNIA CRIMINAL EVIDENCE (Shore)
3 credits
In-depth analysis of specific evidentiary topics. Students must draft weekly Points & Authorities and conduct in-class litigation involving such issues as confessions, hearsay, hypnosis, character evidence and other common issues. Basic Evidence course is a prerequisite. This course is open only to students who have completed their second year.
ANIMAL LAW (Henning)
2 credits
Animal Law is just beginning to be offered as a class at some American
law schools. In this seminar, we will look at a broad array of issues
concerning animals, ranging from the foundational question of what an animal is
to application of specific statutes concerning animals. As a framework for our
discussion, we will use a casebook, Animal Law, by Waisman, Wagman, and
Frasch; however, I welcome and encourage students to raise issues in class in
addition to those covered in the casebook. Each participant will be required
to write a paper and either give an in-class presentation or conduct a
discussion related to the paper during the semester. There will be no final
examination.
BUSINESS IMMIGRATION LAW (Leibl)
2 credits
The objective of this course will be to focus on the business immigration issues and concepts. The course will be taught from a practitioner's standpoint using a case study teaching method with a goal of teaching the students how to spot, address and solve clients' immigration issues. The course will also address policy issues governing the movement of people and employees internationally.
BUSINESS PLANNING (Friedman)
3 credits
This seminar combines advance work in Corporations, Federal and State Securities laws, and Federal Taxation in the context of business planning and counseling. The course is based upon a series of problems involving common business transactions which present corporate securities law and tax issues for analysis, and resolution. The problems cover such topics as factors in the decision to incorporate; the formation of partnerships and corporations, both closely held and publicly owned; securities law considerations in raising capital; corporate distributions; the sale and purchase of businesses; mergers and other forms of acquisition; and recapitalization, division, and dissolution of corporations. A research paper is required. Prerequisites: Tax I and Corporations.
CALIFORNIA CIVIL PROCEDURE (Heiser)
3 credits
This new course is designed for upperclass law students who intend to practice law in California and therefore may wish to learn more about California civil procedure. The course will focus on the important caselaw doctrines, statutory rules, and policies which define civil litigation in the California courts with particular attention to those areas of California civil procedure that are truly unique when compared to federal and to other states' procedural laws. The topics covered will includeconsiderations before undertaking representation; statutes of limitations and related doctrines; California conflicts of law doctrine; jurisdiction, venue, forum non conveniens, and service of process; prejudgment attachment and other provisional remedies; claim and issue preclusion; pleadings and motions; joinder of parties and claims, new party cross-complaints, equitable indemnity, and good faith settlements; the California Civil Discovery Act; summary judgments, default judgments, involuntary dismissal for failure to prosecute, the "fast track" system, and judicial and contractual arbitration; right to jury trial, trial procedures, and post-trial motions; judgments, enforcement of judgments, and setting aside judgments; and appeals, extraordinary appellate writs, and administrative mandamus. The course will also provide students with a brief summary of the federal or general position on each major topic covered as a basis of comparison and as a review of basic civil procedure.
CHILD RIGHTS AND REMEDIES (Fellmeth)
3 credits
This is a broad course covering the basic substantive and procedural law relevant to advocacy on behalf of children. The course is taught with a combination of lecture and Socratic dialogue. It surveys the following subject areasthe rights of children, criminal prosecution of children, child abuse and protection, child tort recovery, child rights to property and support, child related political rights and liberties, child entitlements (including public welfare, health, nutrition, care, education, and special populations). The course includes discussion of the alternative methods of child advocacyclass action practice, writs of mandamus, administrative practice, and local government advocacy.
CIVIL RIGHTS (Brooks)
3 credits
This course will explore one or both of the following "hot" topics in civil rights today. The first topic, which is the most controversial civil rights issue of the day, deals with the extent to which (if any) America should provide redress for slavery and Jim Crow as it has for other past American atrocities (e.g., the internment of Japanese Americans). While the focus will be on slavery and Jim Crow, comparisons will be made to redress movements in Germany, Japan, and other countries. Time permitting, the course will also explore the question of integration versus separation as a strategy for resolving the American race problem. This complex question will be viewed within multiple contexts, including education, housing, and employment. Paper requirement.
COMPARATIVE CORPORATE LAW SEMINAR (Dallas)
2 credits
This seminar explores corporate governance issues by examining U.S., European, and Asian systems. Topics include corporate purpose, board composition and structure, share ownership, shareholder voting and proposal rights, employee ownership and board representation, and the role of auditors. Additional topics are covered through student presentation of papers, which comprise the second half of the seminar.
Prerequisite: Corporations.
CONFLICT OF LAWS (Solum)
3 credits
This course examines laws applicable to cases that involve interstate and international elements. The central focus of the course is choice of law: what law applies to a dispute that involves parties or transactions from different states or nations. Other topics include recognition of foreign judgments, jurisdiction, and the full faith and credit clause of the United States Constitution.
CONSTITUTIONAL LAW II: HUMAN RIGHTS (Schwarzschild)
3 credits
Human rights and civil rights under the constitution. Due Process, including
privacy, sexual rights, and abortion. Equality under the "equal protection
clause": racial equality, sexual equality, other equality claims. ("Treat
likes alike!" But who is alike? and about what?) Free speech: what if any
limits are legitimate? Religious "establishment" and "free exercise" under
the First Amendment. The right to bear arms under the Second
Amendment. "Other rights"?
THE CONSTITUTION AND THE INTERNET (McKeown)
2 credits
This course will focus on the constitutional implications of the Internet. The course will explore national and international jurisdiction, the First Amendment, due process, privacy, copyright, and other selected topics. Course materials will include recent landmark cases. A research paper is required. Constitutional Law I is a prerequisite.
CONTEMPORARY WATER LAW ISSUES (Minan)
2 credits
This two hour seminar is intended to accomplish two objectives. First, it is designed to introduce students to the major legal doctrines affecting water law in California. Although the principle focus will be on California water law, U.S. Supreme Court decisions will also be analyzed because the federal government is directly involved in the allocation and control of water resources in California. Second, the seminar is designed to allow each student to immerse him or herself in a contemporary water law topic by writing a research paper.
COPYRIGHT LAW (McGowan, David)
This course surveys the law relating to rights in expressive works. We will study what copyright covers--such as books, movies, musical recordings, and software--and distinguish copyright from other forms of intellectual property, such as trademarks and patents. We will focus on the exclusive rights granted in copyrightable works, rules governing the transfer of those rights, what acts infringe those rights, what remedies the law provides for infringement, and what limitations the law places on those rights, such as the fair use doctrine.
In connection with these subjects, we will discuss some topics of current interest, such as the rules governing the copying and distribution of music over peer-to-peer networks, digital rights management, and open-source software development. We will discuss some economic principles and some principles of free speech, but only as these subjects relate to rights in expressive works. The course should be of particular interest to students interested in the entertainment or technology fields.
CORPORATE LAW AND ECONOMICS (Smith, T)
This course will survey and examine critically some of the important debates in the large literature of economics and corporate law. Topics that may be covered include the debate over takeover defenses and policy; whether state corporate law is a race to the bottom or top; the purposes and possible reform of corporate bankruptcy reorganization regimes; executive compensation; institutional shareholders and corporate democracy; and the economics of fiduciary duty and the “corporate contract.” Papers will be required. Corporations (or permission of the professor) is a prerequisite. CORPORATIONS (Friedman)
4 credits
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. CORPORATIONS (Partnoy)
4 credits
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.
CORRECTIONS AND SENTENCING (Landon)
3 credits
Covers objectives of sentencing, plea and sentence bargaining, sentencing advocacy, sentencing alternatives, prisoner conditions, prisoners' rights, jail and prison litigation, probation and parole revocation, and extraordinary writs relating to corrections. A research paper will be required.
DEATH PENALTY SEMINAR (Cotsirilos)
2 credits
This course will involve a written exam at the end of the semester focused to evaluating the student's understanding of case law history and practical application of the California statutory scheme. The course will address the following legal issues: 1) History of the Death Penalty; 2) Present legal parameters for trial of a death penalty case; 3) The law and procedure relating to post-conviction death penalty litigation; 4) Systemic issues such as prosecutorial discretion and budgeting concerns; 5) Policy and ethical dilemmas concerning the Death penalty i.e. volunteers, race discrimination, and arbitrariness. THIS IS NOT A PAPER COURSE.
ECONOMIC LIBERTIES AND THE CONSTITUTION (Siegan)
3 credits
The United States Supreme Court protects a wide variety of liberties, including among others, freedom of speech, press, religion, travel, commercial speech and homosexual activity. However, since 1938, it has not protected economic liberties, which are very important in a commercial society because these liberties secure the right to produce and distribute goods and services. These liberties have long been protected in English speaking nations, beginning with the Magna Carta which John, King of England and Ireland, executed in 1215. In the charter, which was the first official document to secure economic liberties, King John agreed to return the castles he had confiscated and to remit the exorbitant taxes he had collected. In the years following the Magna Carta, the English judges interpreted it to protect the right to work which could not be limited by a monopoly. The judges also upheld the right of a doctor who was a graduate of Cambridge to practice his profession without license from the London College of Physicians. The problem with the law was that it gave 50% of the fines assessed for violation to the College. In this country, the U.S. Supreme Court protected economic liberties from 1893 to 1938. U.S. Supreme Court Justices antagonistic to this policy terminated it in 1938.
EMPLOYMENT LAW (Paul)
3 credits
This course will provide an overview of the primary components of employment law. It will cover the establishment of the employment relationship, discrimination in employment, wage and hour law, workers' compensation, employment health and safety issues, and privacy in the employment relationship. The focus will be on providing an integrated view of employment law and understanding the development of its components.
EMPLOYMENT DISCRIMINATION (McGowan, M)
This general survey course of employment discrimination laws will focus on primarily the federal anti-discrimination laws prohibiting employment discrimination based on race, sex, pregnancy, national origin, age, sexual orientation. (We will also discuss the California Fair Employment and Housing Act's protections when they diverge from federal law. The Americans with Disabilities Act will not be a primary area of study.) This course gives students an opportunity to think about the meaning and practice of discrimination, to analyze various anti-discrimination approaches, and to learn to think creatively and flexibly when working on problems within this complex, evolving field of law. Students will learn to strategize about bringing and defending employment discrimination suits and, perhaps even more importantly, about helping clients develop policies and practices that foster discrimination-free workplaces and resolve workplace issues before they develop into lawsuits.
EMPLOYMENT LITIGATION (Adler)
2 credits
This course will analyze all aspects of the litigation of wrongful termination and discrimination cases, state and federal, and will also deal with litigation involving OSHA, union member rights and breach of contract theories. In sequential fashion, the class will address the issues of client screening, pleadings, motions, discovery, expert witnesses, settlement strategy, trial preparation and the trial process itself. Alternative dispute resolution techniques will also be analyzed. A research paper on labor/employment/litigation topic will be required. Prerequisite: Civil Procedure. Third year students will be given preference.
ENTERPRISE, PRODUCTS AND NO-FAULT LIABILITY (Ursin)
2 or 3 credits
For the past half-century, tort law has been one of the most dynamic areas of American law. Beginning in the 1960's, landmark judicial decisions, many from California, sparked a strict products liability "revolution" and a reshaping of the contours of negligence law. And in the 1970's a number of state legislatures enacted automobile no-fault plans supplanting "tort". This dynamism continues today with the American Law Institute's highly controversial Restatement (Third) of Torts and renewed initiatives for no-fault alternatives to tort (as well as the September 11th Victims' Compensation Fund). This course examines these developments from the perspective of the theoretical viewpoints and political forces that influenced the judicial decisions and legislative initiatives that have reshaped and continue to reshape American personal injury. Students who have previously taken Products Liability with Professor Ursin are NOT eligible to enroll in this course.
ENVIRONMENTAL LAW (Reed)
3 credits
This introductory course in environmental law covers the practical application of statutes designed to protect our air, land, water and living resources, including the: National Environmental Policy Act, Clean Air Act, Clean Water Act, Comprehensive Environmental Response, Compensation and Liability Act, and the Resource Conservation and Recovery Act. The Roles of the legislature, regulatory agencies and judiciary will be considered.
EUROPEAN LEGAL CULTURES (Legrand)
2 credits
An exploration of the way in which European judges, lawyers, and academics think about the law and about the role of law in society. This course focuses on French and English law, with a sideways glance at German and Italian law (no prior knowledge of a foreign language being assumed). The basic goal is to equip the US lawyer with a grasp of what can sometimes be surprisingly different sets of cognitive assumptions and, through this familiarization, to facilitate eventual interaction on the international legal and business scene. Although reference will be made to historical, philosophical, sociological, anthropological, and literary data, no prior acquaintance with interdisciplinary studies is required.
EVIDENCE ADVOCACY LABORATORY (Berend)
1 credit
Course is limited to 8 students, with priority to 3rd year students. This limited-enrollment course designed to familiarize students with the practical application of evidentiary points addressed in the traditional Evidence course. The class focuses on one or two areas in evidence each week. Using a problem format, each student is assigned a number from 1 to 4 for the semester. Each problem involves a proponent, opponent, witness and judge. Students are assigned a role in each problem by number, and are responsible for performing that role in class. Each student can expect to perform two problems each week. The students rotate roles each week. The obvious emphasis is to teach each area of evidence through performance. By the end of the semester, each student should be comfortably able to determine what it is he or she wished to accomplish in a courtroom with respect to specific evidentiary questions, and be able to structure the most logical, persuasive and trouble-free means to that end. Students are responsible for two written assignments. One is an in limine motion due midway through the semester. The other is a final trial brief which will be performed during the last week of class.
FEDERAL COURTS (Law, David)
3 credits
This course is best described as advanced constitutional law focusing on the power of the federal courts, particularly with respect to the states and the other branches of the federal government. It is essential for anyone planning to clerk for a federal judge, or to perform public interest work in a variety of areas involving constitutional claims or governmental litigants. In practical terms, the materials concern who may bring suit in federal court, against whom, and under what circumstances. Specific topics include interpretation of Article III, justiciability (including standing and the "political question" doctrine), congressional power over the jurisdiction of the federal courts (including the extent to which civil rights suits may be excluded from federal court), and the immunities from suit enjoyed by state governments and public officials (such as police officers). Within the constraints of time and subject matter, attention may also be given to empirical research on such topics as the appointment and behavior of federal judges. Those interested may peruse Hart & Wechsler's The Federal Courts and the Federal System for a further indication of course content. A solid grounding in constitutional law is required.
FEDERAL TAXATION OF WEALTH TRANSFERS (McCouch)
2 or 3 credits
The statutory, judicial, and administrative material dealing with the federal estate, gift and generation-skipping transfer taxes, and the impact of these taxes upon various types of inter vivos and testamentary dispositions of property, are examined. Prerequisites: Trusts and Estates (Wills and Trusts) and/or Federal Income Taxation, (Tax I). JD students must obtain permission from the instructor prior to enrollment. This is an advanced tax course with priority enrollment for LL.M. in Taxation students.
FEDERAL TAX PROCEDURE (Gidlund)
2 credits
A study of the administrative procedures with reference to the audit of tax returns; information-gathering; practice before the IRS; pre-litigation administrative procedures; U.S. Tax Court litigation and rules of practice; settlement procedures and trial strategies; tax refund litigation, including preparation of claims for refund, jurisdictional prerequisites, and strategies; preparation of ruling requests; offers in compromise; collection; penalties and interest; and criminal tax investigations. Prerequisites: Tax I & II. This is an advanced tax course with priority enrollment for LL.M. in Taxation students.
FINANCE AND ACCOUNTING FOR LAWYERS (Brinig)
1 credit
Much of the practice of law relates to financial issues. This one credit course deals with understanding and analyzing financial statements, basic business valuation techniques and their importance in litigation matters, economic damages calculations (both personal injury and business damages), and concepts of present value. Understanding these financial concepts is critical to lawyers who encounter them daily in their practices. The course is designed for the student who does not have a sophisticated background in accounting or finance. Registration is limited to those with no more than 6 undergraduate credits in finance and/or accounting.
FUNDAMENTAL RIGHTS IN EUROPE (Scoffoni)
1 credit
The purpose of the course is to provide students with an understanding of the different systems of protection of Fundamental Rights in Europe. As the guarantee of rights touches the heart of a legal system, such analyses will, at the same time introduce students to the general operation of these European Systems.
Using both national and transnational sources of protection, this course seeks to evaluate the nature and level of protection of Fundamental Rights in comparative perspective. In our study of the conflicts between Fundamental Freedoms and other Rights of Public Interests, we shall identify similarities between American and European legal systems. This comparative approach will ultimately reveal the progressive elaboration of a "transnational law of Fundamental Rights" in the Western World.
Topics of study may include the search for a reconciliation between Freedom of Speech and Privacy Rights in the Regulation of the Internet between Freedom of Education and Freedom of Religion in public and private schools.
HEALTH CARE FINANCING (Larson)
This course provides an introduction into basic issues in health-care organization and financing from the viewpoint of the patient, provider, and payer. Students will have the option of writing a paper on an issue in health care financing for one extra credit.
INTELLECTUAL PROPERTY SEMINAR: THE FUTURE OF COPYRIGHT (Solum)
3 credits
The advent of peer-to-peer (P2P) filesharing programs, beginning with Napster, has called into question the future of copyright law. Music, video, and text can be digitalized and shared over P2P networks in violation of copyright law. The continued growth of this phenomenon threatens the viability of the traditional revenue models for the entertainment industry. This seminar will explore the legal background of the P2P phenomenon, emphasizing the Digital Millennium Copyright Act, and then investigate the possible future directions that copyright law could take. The possibilities include (1) a renewed emphasis on criminal penalties for individual violation of copyright law, (2) new business models for the music and video industries, (3) taxation of hardware and distribution of the proceeds based on the ASCAP/BMI model, (4) revitalization of encryption, (5) the demise of copyright.
No examination. Research paper required. Enrollment limit: 20 students.
INTERNATIONAL BUSINESS TRANSACTIONS (Dziubla)
3 Credits
This course offers an introduction to the law and the regulation of international trade, investment and finance. Topics may include the law and policy of export and import restrictions and efforts toward global free trade; the World Trade Organization; technology licensing and international antitrust considerations; international investment and control of capital; and the structure and financing of international infrastructure projects. Attention will also be paid to the European Union and NAFTA.
INTERNATIONAL ENVIRONMENTAL LAW (Vargas)
3 credits
The course is designed to analyze some of the major international environmental problems of interest to the United States. A wide variety of current and traditional transborder legal questions regarding international rivers, marine and air pollution, toxic waste and hazardous materials, endangered species, and nuclear radiation are discussed. Special emphasis is given to contemporary legal questions, including a special segment devoted to analyzing the bilateral environmental issues with Canada and Mexico. A paper is required.
INTERNATIONAL ORGANIZATIONS (Adams)
3 credits
This course examines international organizations in a legal context, and includes a discussion of regional, global, intergovernmental, and non-governmental organizations. Topics include the legal framework of such organizations, the relationship between such organizations and U.S. law, the role of such organizations in international governance (including dispute settlement), and a comparative analysis of such organizations. Particular emphasis is placed on the United Nations and on issues of security, economics, and human rights. Underlying the course is an inquiry into the role of law on an international level. The course will also look at the effect of international organizations on traditional concepts of sovereignty, issues of enforcement and legitimacy, and the gap between theory and practice. A research paper is required.
INTERVIEWING AND COUNSELING (Snyder, A)(Player)
3 credits
A course designed to provide advanced training in the skills of client interviewing and counseling. The first part of the course is devoted to learning the specific micro-skills that make up effective interviewing through demonstrations and role play. The second part deals with learning how to counsel clients in resolving their legal problems. The course employs various self-scoring personality diagnostic tools in assisting students to understand their own interviewing and counseling characteristics. In addition, students will have the opportunity to conduct interviews of actual clients in a variety of contexts including Las Colinas Women's Detention Facility, senior citizen centers and others. Ethical issues unique to interviewing and counseling are emphasized. Lawyering Skills II is highly recommended prior to enrollment in this course. Enrollment is limited. The course is graded on a 4-tier Pass/Fail basis.
INTRODUCTION TO INTELLECTUAL PROPERTY (Ramsey, L)
3 credits
This course provides a broad overview of intellectual property law. After an analysis of the policies underlying the protection of intellectual property rights, the course covers the basics of trade secret, patent, copyright, and trademark law, and related doctrines such as the right of publicity. These topics are examined with a focus on new technologies, but a technological background is not expected or required. This survey course provides a foundation for advanced intellectual property courses, but it is also appropriate for students who seek only a general understanding of intellectual property law. The grade will be based on a final examination.
INTRODUCTION TO UNITED STATES LAW (Murr)
2 credits
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.
JUDICIAL LAWMAKING (Ursin)
2 or 3 credits
Judicial Lawmaking examines the lawmaking role of courts. Although the principal concern is the common law (torts), attention is also given to constitutional law - and the influence that constitutional law (Lochner, Brown v. Board of Education, Roe v. Wade) developments have had on attitudes toward judicial lawmaking generally. A primary focus is the conception of judicial lawmaking embraced - and expressly articulated - by the great judges who have shaped, and continue to shape, American law: Chief Judge Lemuel Shaw, Justice Oliver Wendell Holmes, Justice Roger Traynor, and Judge Richard Posner. The views of these judges are placed in the context of the law and legal scholarship (tort, constitutional, and jurisprudential) of their respective eras. The materials thus span the formative era of American law (the "Shaw era" 1830-1860), the seminal Lochner era, the "Traynor era," and conclude by examining the contemporary tort scene and the recent jurisprudential writings of Judge Posner.
LABOR LAW (Wolds)
2 credits
This course offers an introduction to federal labor laws that effect collective bargaining relationships, negotiated agreements, National Labor Relations Board rules and procedures, federal court jurisdiction, labor arbitration, and the rights of individual union members. This course will not consider other employment laws, employment litigation, or alternative dispute resolution procedures that are covered in other classes offered by the School of Law or the employee benefits class offered by the Graduate Tax Institute. This class requires no prerequisite course work.
LAND USE PLANNING (Minan)
3 credits
The Constitutional, statutory, and common-law principles affecting public and private land controls are explored in this course. Recent trends in land use law and practice are considered, including exclusionary zoning, subdivision exactions, regulatory "takings," and federal and state environmental laws.
LAW AND LITERATURE (McGowan, M)
This seminar explores legal and jurisprudential questions through the lens of literature and literary theory. Our reading list draws on literature broadly defined: prose and poetry works that reflect and form a part of our culture-novels, short stories, poetry, plays, essays, and movies. We will also read essays on the intersection between literary and legal theory and discuss whether insights from literary interpretive theory can help illuminate issues of legal interpretation. And finally, we will read, discuss, and analyze a transcript from a Nineteenth-Century murder trial. Students are expected to participate actively in class discussion. Students will write two short papers on two of the works assigned in class and a longer paper (to be due at the end of the semester) on a topic selected after consulting with me.
LAW AND MENTAL DISORDER (Morris)
3 credits
Students in this seminar course explore the concept of mental illness and societal response to the problem. Included are such topics as psychiatric classification, civil commitment and discharge, defining dangerousness, mental health conservatorships, psychiatric treatment modalities, civil rights of the mentally ill including the right to treatment and the right to refuse treatment, criminal process issues involving the mentally ill including: mental competency to stand trial, the insanity defense, sexual violent predator legislation, and expert testimony on these issues. Students taking this course will also have a clinical experience either representing mentally disordered clients in a civil commitment context, or examining and cross-examining psychiatrists or psychologists in a mock trial situation on an actual report that they prepared. Students may take either a final exam or write a research paper for this course.
LAW OF THE SEA (Vargas)
3 credits
Instruction concentrates on the origins and development of the legal regime applicable to the uses and resources of the oceans. Special consideration is given to the formulation and codification process of this dynamic branch of public international law, in particular the work and final outcome of the Third United Nations Conference on the Law of the Sea. Topics for analysis also will include fishing activities, maritime delimitation, pollution, marine scientific research, and U.S. policy regarding law of the sea matters. A research paper will be required.
LAWYERING SKILLS II (Hartwell)(Player)(Snyder, A)
3 credits
Students receive training in a variety of legal skills, including interviewing, counseling, negotiating, drafting (memos, pleadings, correspondence, briefs), motion practice, discovery, trial advocacy and alternative dispute resolution. The course is specifically designed to follow-up on and expand the skills introduced to the student in the Lawyering Skills I course. The course methodology will combine lectures, demonstrations and individual student performances in small groups with extensive critique and feedback by small group instructors who are experienced practitioners. The course culminates in a mock trial performed by the students in pairs. Four-tier Pass/Fail grading. Prerequisite: Evidence. (Since this course may be a prerequisite for certain actual client clinic courses, it is highly recommended that students take this course early in their second year.)
LAWYERING SKILLS - LLMC (Greene, G)
1 credit
This course is offered in small sections with very low student-faculty ratios. Faculty carefully review each student's writing assignments and students are provided many opportunities to revise their work. Students do their research assignments at the Law School's state-of-the-art Legal Research Center. This course is open to students in the LLM in Comparative Law for Foreign Lawyers program.
MERGERS AND ACQUISITIONS (Smith, T)
This course will examine selected economic, corporate law, and securities law aspects of the acquisition of businesses. Topics covered will include some basic (and necessary) corporate finance theory (such as valuation, efficient capital markets, event studies and option pricing theory); empirical evidence on the social costs and benefits of acquisition activity; the structuring of friendly and hostile acquisitions; the corporate law of takeover defenses; and securities law regulation of acquisition transactions. Some accounting and tax law topics may be touched upon, but they will not be a major focus of the course. Some effort will be made examine drafting and negotiations aspects of M&A transactions. Corporations is a prerequisite. Students with substantial background in related areas may take Corporations concurrently, with permission. There will be an exam in the class.
NEGOTIATION (Smith, Neal)
The class presents the prevalent theories and strategies of negotiation that are applicable in law, labor, and business. Students will negotiate both in and out of class with increasingly complex simulations. Attendance in class is expected and will weigh importantly in determining grades in the four tier Pass-Fail grading system. There are weekly assignments, no papers required, and a take home final exam. Enrollment is limited and this class is typically oversubscribed.
PATENTS AND TRADE SECRETS (Reisman)
2 credits
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.
PUBLIC INTEREST LAW AND PRACTICE (Fellmeth)
4 or 5 credits - Year-long course
Study of the substantive law and theory underlying regulation by California's administrative agencies; also focuses on statutes governing open meetings, public records, and required agency decision making procedures. Course exposes students to significant constitutional and antitrust limitations on the authority of agencies; agency rulemaking and adjudication procedures; and the legislative process. Students are assigned to personally monitor two of California's major regulatory agencies; they travel all over the state to attend agency meetings and write for the California Regulatory Law Reporter. This course is part of the Center for Public Interest Law's regulatory law program, and completion of the course during the second year confers eligibility for third-year public interest law clinic units for research/ advocacy projects.
PUBLIC INTERNATIONAL LAW (Adams)
3 credits
Public International Law examines the origin, content and operation of the law applicable to the conduct of nation states and international organizations and to their relations with one another. Particular attention is given to the relationship between international law and national law, international agreements, use of force, terrorism, peaceful settlement of disputes, jurisdictional principles, human rights, the status of individuals under international law, state responsibility and remedies, legal protection of foreign investment and the law of the sea.
REITS (Aylward)
2 credits
This course will include tax and business aspects of securitized real estate: REIT's and REOC's. The following substantive areas will be covered: brief review of the historical and current quantitative analysis utilized in measuring the financial performance of real estate properties and portfolios; evolution of real estate ownership and operating structures (primarily tax motivated); review and analysis of "four quadrant" real estate consolidations and REIT formations (i.e., UP REIT's, down REIT's, and pared share entities; Regulatory aspects (tax and SEC) of REIT and REOC entity formation and IPO's; Regulatory aspects of partnership "roll-ups"; tax, business, and corporate aspects of REIT operations; and current market analysis of REIT's and REOC's. The course will stress an understanding of the major factors which have previously and currently drive the REIT and REOC markets, as well as an understanding of (and ability to access) the electronic and print resources currently devoted to REITs and REOCs.
RELIGION AND THE CONSTITUTION (Smith, Steve)
3 credits
The First Amendment appears to single "religion" out for special constitutional status, but just what "religion" is and how and why it deserves special legal treatment are questions that have vexed citizens and courts from the nation's beginning. This seminar will consider these questions in their legal, historical, and theoretical dimensions. The seminar will favor class discussion of issues and materials, and students will be expected to prepare and present a paper on an issue of their choice related to the subject of the seminar.
REMEDIES (Heriot)
3 or 4 credits
Legal and equitable remedies under statutes and the common law are examined and compared. The course focuses on methods of evaluating alternative remedies and arguing for or against their creation or use in a given case. The course objective is to enable the student not only to identify all available remedies but also to choose the preferred remedy from among them. The principal subjects covered are equity, restitution and damages.
SEMINAR ON PRESIDENTIAL POWERS
(Prakash)
2 credits
The seminar will discuss various contemporary, constitutional issues relating
to presidential power. Among topics to be considered: Can the President
unilaterally commence a war? What role does Congress have in the conduct of a
war? How does the Constitution allocate foreign affairs powers between
Congress and the President? What is the constitutional relationship between
the President and the Courts? Must the President enforce laws he believes to
be unconstitutional? How do the President's Take Care duties and his pardon
power interact? To what extent can Congress "regulate" presidential powers?
Seminar participants are expected to write research papers and present them at
in the latter portion of the term.
STATUTORY INTERPRETATION (Rodriguez & McCubbins)
2 Credits
In this seminar, we explore the theories and techniques of statutory interpretation. We discuss, critique, and analyze contemporary theories of interpretation. In particular, we examine the critical assumptions underlying these theories and, in the process, consider how and why these theories of interpretation succeed or fail. The objective of this course is two-fold: We develop a framework for understanding modern statutory interpretation, an understanding that will improve your ability as a lawyer to understand and apply statutes to legal problems you will unavoidably confront in practice. Second, we use statutory interpretation and interpretation theory to improve your capacity to analyze and examine critically empirical information and hypotheses about politics and about law; in other words, we work together to improve your capacity to "think."
SUPREME COURT (Ramsey, M)
3 credits
This course will consider the contemporary role, structure and procedures of the United States Supreme Court through an examination of selected cases currently pending before the Court. Students will investigate the views and outlook of the Court's current justices as to the Court's role generally and with respect to these particular cases. Substantial classroom discussion, an in-class presentation, and a paper reflecting significant independent research will be required. Prerequisite: Constitutional Law. Enrollment limited.
TRUSTS AND ESTATES: COMMUNITY PROPERTY (Wesley)
2-4 credits
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.
TRUSTS & ESTATES: WILLS & TRUSTS (McCouch)
4 credits
This survey course provides an introduction to non-tax aspects of estate planning and the law of gratuitous transfers, including inter vivos gifts, intestate succession, wills, will substitutes, trusts, fiduciary administration, and future interests.
TAX FRAUD (Carpenter)
2 credits
This course provides a comprehensive review of criminal tax law, including the prosecution and defense of Title 18 and Title 26 criminal tax offenses, pre-trial criminal tax practice and case analysis, methods of proof used by the government during trial, defense strategies and techniques during trial, federal sentencing guidelines and related civil tax issues. Prerequisites: Tax I This is an advanced tax course with priority enrollment for LL.M. in Taxation students.
TAX II (Burke)
3 credits
The course involves a study of the basic concepts of federal income taxation of C corporations and their shareholders, including organization of corporations; cash and stock dividends; redemptions of stock; partial and complete liquidations; sales of corporate businesses and reorganizations. Taxation of corporations is compared with taxation of partnerships, limited lialility companies and S corporations. The emphasis is on careful analysis of Code provisions, Treasury Regulations, other administrative materials and important judicial decisions in relation to problems that are frequently assigned in advance of class discussion. Prerequisite: Tax I (Basic Federal Income Tax).
TAXATION OF PROPERTY TRANSACTIONS (Jelsma)
2 or 3 credits
This course examines practical planning opportunities involving closed sales, open sales, deferred payment reporting, installment sales elections, imputed interest, cost recovery reporting, two-way and three-way real estate exchanges, all-inclusive trust deeds, subordinated financing, midpoint refinancing, and negative basis. Considerable emphasis is placed on understanding interest concepts such as mortgage annual constant percentages, lump sum and annuity present value analysis, and real rate of return (after inflation) analysis. Prerequisites: JD students must have taken Tax I prior to enrollment in this course. Co-requisites: LLM students - Tax I is required, but you may take it concurrently with this course. This is an advanced tax course with priority enrollment for LL.M. in Taxation students.
TAX RESEARCH AND COMMUNICATIONS (Keiser,
Bauman)
3 credits
This course involves an intensive examination of federal tax research techniques, including an evaluation of legislative history and administrative authorities. Students are required to research and prepare complex tax documents such as protests, opinion letters, memoranda of law, and Tax Court petitions. The course may not be counted toward the LL.M. if the candidate elects to write a thesis. Enrollment is limited to 12 students (no J.D.'s) with priority to 1) May graduates and 2) full-time students. This is an advanced tax course with priority enrollment for LL.M. in Taxation students.
TRADEMARKS SEMINAR (Horton)
3 credits
Trademarks Seminar surveys the topics relating to the law's recognition and regulation of proprietary interests in names, symbols, slogans, packages, and other indicia of source, character, quality, or reputation. Course components typically include the law of unfair competition; state, federal, and international mark registration systems; mark rights and licensing; trademark infringement; and the law relating to the invasion of reputational and publicity interests. Participants will prepare and present on three short research memos (5-6 pages) on topics pertaining to the course. No exam will be given. Written-work credit is not available. All students, including students who have previously completed a Trademarks or Intellectual Property survey course, are eligible to take this seminar. Enrollment, however, is limited to 25 students.
UNIFORM COMMERCIAL CODE: SALES (Lawrence)
3 credits
The course on sales of goods addresses the provisions of Article 2 of the U.C.C., with some comparisons with the new Article 2A on leases of goods. The primary topics include contract formation and enforceability, terms of the contract, risk of loss, warranties, performance and breach, remedies for breach, and transfer of goods. A problem-solving approach is used extensively.
UNIFORM COMMERCIAL CODE: SECURED TRANSACTIONS (Lawrence)
3 credits
This course deals with the creation, perfection, enforcement, and priorities of security interest in personal property, including goods, "paper" collateral, and intangibles such as accounts, in both commercial and consumer settings. The treatment of security interests in bankruptcy, and in priority contexts with various non-Article 9 interests, is also examined.
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