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ADJUDICATION SEMINAR (Horton)
2 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)
4 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
ANTITRUST
3 credits
This course presents an overview of antitrust law and competition policy, including historical, political and economic background and development of statutes and case law, collusion and cartels, price fixing, market allocation, group boycotts, monopoly, predatory pricing, oligopoly, price leadership, resale price maintenance, tying, exclusive dealing, discriminatory pricing, horizontal mergers, joint ventures, trade associations, intellectual property and antitrust, California antitrust law and exemptions and immunities. Practical litigation and counseling subjects will also be included.
LL.M. in Comparative Law students should have completed U.S. Law and Lawyering Skills. Suggest some academic or practical experience in business or economics, civil procedure and evidence.
Reading assignments can be heavy due to the class schedule and subject matter. Students are required to complete 3 ungraded drafting assignments; each of which should take less than 1 hour.
ART LAW (Lazerow )
3 credits
Some legal problems of the art world encountered by artists, art middlemen, and museums. Some of the following topics will be considered: art in wartime, the international art trade, the artist's rights in works, artistic freedom, the collector's security, the tax collector, and the museum as trustee and entrepreneur. This course draws from doctrines in many fields, including contracts, property, torts, constitutional law, administrative law, tax, intellectual property, and international law. No prerequisites.
BANKRUPTCY (Wiggins, M.J.)
3 credits
This course will provide an examination of the liquidation and reorganization cases under the Bankruptcy Code, and the effects of bankruptcy on non-bankruptcy debtor-creditor law and pre-bankruptcy transactions. The objective of this course is to give students a working familiarity with the Code and associated rules, cases and folklore; an understanding of the policies reflected in and relevant to bankruptcy law; and an appreciation of the bankruptcy practice. There are no course prerequisites. However, the scheduling of the course on Article 9 Secured Transactions and/or the Creditors Remedies course before, or along with, the Bankruptcy course, while not required, is suggested.
CALIFORNIA CIVIL PROCEDURE (Heiser)
3 credits
This course is designed for upper class law students who intend to practice law in California. (Also, beginning in July, 2007, the California civil procedure will be eligible for testing on the California Bar Examination.) The course will focus on the important case law 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 unique when compared to federal and to other states' procedural laws. The topics covered will include considerations 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 dismissals; 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.
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 areas: the 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, and child entitlements (including public welfare, health, nutrition, care, education, and special populations). The course includes discussion of the alternative methods of child advocacy, class action practice, writs of mandamus, administrative practice, and local government advocacy.
CIVIL RIGHTS SEMINAR (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.
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.
CONSTITUTIONAL LAW II (McGowan, M.)
3 credits
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. Prerequisite: Constitutional Law I.
CORPORATIONS (Dallas)
4 credits
This course provides an introduction to the corporate form, the incorporation process, the financial structure of the corporation, legal considerations in issuing securities and distributions, the legal limitations on limited liability, the general control rules of the corporation, the fiduciary duties of directors and controlling shareholders, insider trading, tender offers, the special control problems of the closely-held corporation, and foreign workers due to trade and capital liberalization. Students are required to complete a paper for this course.
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.
CRIMINAL PROCEDURE I (Dripps) (Huffman)
3 credits
This course is limited to pre-trial matters, as effected by the fourth, fifth, and sixth amendments. Coverage will include arrest, search and seizure, wiretap, lineups, interrogation, and the exclusionary rules.
CYBERSPACE LAW (Henning)
2 credits
Cyberspace Law has been characterized as the study of how information is regulated in a world linked by computer networks. Although a wide range of legal issues have arisen with respect to the Internet, the focus of this class will be intellectual property and privacy issues in cyberspace. Except for reading assignments and class participation, there are no requirements for the class other than a two-hour final examination at the conclusion of the semester.
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 DISCRIMINATION (McGowan, M.)
3 credits
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.
ENVIRONMENTAL LAW (McAllister)
3 credits
This course discusses the principles and policies governing federal environmental law. The course will cover a broad range of environmental statutes, including the Clean Air Act, the Comprehensive Environmental Response, Compensation and Liability Act (Superfund), the National Environmental Policy Act, and the Endangered Species Act. We will also review some of the basic policy questions that arise in environmental law, such as how the law should regulate in the face of scientific uncertainty, how the law should balance environmental and economic considerations, and what role citizen suits should play in environmental enforcement.
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.
EUROPEAN ENVIRONMENTAL LAW (Silva-Send)
2 credits
This course will be self-contained in that the basic structure of European law sufficient for an understanding of environmental law will be taught. Part I of the course will focus on Basic European Law. Part II will focus on European Environmental Law: (1) evolution of EC environmental policies; (2) basic principles (e.g., subsidiarity, proportionality) and competences (shared, exclusive); (3) environmental principles (precautionary, prevention, polluter pays, etc.); (4) harmonization of national laws and implementation of EC law;(5) overview of secondary legislation (water, air, noise, waste, habitats, other procedural legislation; and (6) the role of the ECJ. Basic knowledge of international law will be an asset. Notes will be made available throughout the semester on my home page. These, other handouts, and the class notes you make will provide enough information for the three-hour written final exam.
EVIDENCE (Devitt) (Montoya)
4 credits
The rules of evidence in judicial tribunals, focusing on the Federal Rules of Evidence and the California Evidence Code are addressed in this course. Also covered are issues relating to: (1) judicial control and administration - functions of judge and jury, judicial notice, burden of proof presumptions, problems of relevancy, circumstantial evidence, and unfair prejudice; and (2) witnesses - competency, privileges, principles of examination and cross-examination, impeachment and support, expert and lay opinion testimony. The hearsay rule and its exceptions, rules relating to writings, real and scientific evidence are also examined. Taught in one semester.
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.
Preference is given to students who will be in their third or fourth year at the time the course is offered.
FAMILY LAW SEMINAR (Horton)
3 credits
Family Law Seminar will engage in a survey, within a seminar format, of constitutional and legislative doctrine related to traditional family-law topics. 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 Family Law survey course, are eligible to take this course. Enrollment, however, is limited to 25 students. A copy of the course prospectus is available from Prof. Horton.
FEDERAL TAX PROCEDURE (Gidlund/Hensley)
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 and Tax II. Note: Tax LL.M. students may take Tax II concurrently. This is an advanced tax course with priority enrollment for LL.M. in Taxation students.
FEDERAL TAXATION OF WEALTH TRANSFERS (McCouch)
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 Tax I (Federal Income Taxation). 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 COURTS (Law)
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.
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.
FOREIGN RELATIONS LAW (Ramsey, M.)
3 credits
This course considers the legal constraints on the exercise of U.S. foreign relations through an examination of historical and contemporary events, including the developing controversies involved in the 'War on Terrorism.' Topics include constitutional authority and separation of powers; war powers; executive authority in foreign affairs, including executive detentions; treaty-making power; the role of Congress, the states and courts in foreign affairs; and the relationship between international law and constitutional law. The grade will be based on class participation, a presentation and a research paper. Prerequisite: Constitutional Law I.
GENDER DISCRIMINATION (Murr)
3 credits
This course explores the topic of gender equality as reflected in constitutional law and in various federal and state statutes. Specific topics covered may include constitutional limits on gender-based discrimination claims, employment discrimination (including sexual harassment, pregnancy discrimination, and the relationship between race and sex discrimination), and gender issues regarding family law, reproductive rights, pornography, sexual orientation, domestic violence, and criminal law.
INTELLECTUAL PROPERTY SURVEY (Ramsey, L.)
4 credits
This course provides a broad overview of intellectual property law. After an analysis of the policies underlying the protection of intellectual property rights, we will cover trade secret, patent, copyright, and trademark law, and related doctrines such as the right of publicity. These topics will be examined with a focus on new technologies, but a science or technical background is not required. This course provides a foundation for advanced intellectual property courses and is also appropriate for students who seek only a general understanding of intellectual property law. The grade will be based on a final examination. Intellectual Property Survey was formerly titled Introduction to Intellectual Property; students who have taken Introduction to Intellectual Property may not enroll in and get credit for this course.
INTERNATIONAL BUSINESS TRANSACTIONS (Folsom)
3 credits
This course offers an introduction to international sales, E-Commerce, trade, technology transfer and investment transactions, and related dispute settlement. 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 international commercial arbitration and litigation. Attention will also be paid to the European Union, NAFTA, and other free trade agreements.
International Criminal and Transitional Justice- The Future of International Humanitarian Law (Goldstone)
1 credit
The objective of the course will be to explore the theoretical and practical significance of the prosecution of war criminals for the enforcement of international humanitarian law. A brief historical survey of international humanitarian law and the prosecution of war criminals will be considered, with emphasis on post-World War II development including the International Military Tribunals (Nuremberg and Tokyo Tribunals) and the two ad hoc international criminal tribunals for the former Yugoslavia and Rwanda. The substantive jurisdiction and procedural law of the ad hoc criminal tribunals will be discussed, highlighting theoretical and practical problems associated with the international prosecution of war criminals. Consideration will also be given to the relationship between criminal prosecutions and truth and reconciliation commissions. The course will conclude with a consideration of the problems associated with the establishment and working of the International Criminal Court.
Grade will be determined by paper or exam. Criminal Law is a prerequisite.
INTERNATIONAL HUMAN RIGHTS (Vargas)
2 credits
The course will look at contemporary and treaty law for the promotion and protection of human rights. In addition to reviewing the substantive rights protected by international law, attention will be given to the major global and regional systems currently functioning: the UN, the European, American, and African.
INTERVIEWING AND COUNSELING (Snyder, A.)
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 UNITED STATES LAW
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. This course is for LLMC students only.
JURISPRUDENCE SEMINAR (Rosati)
2 credits
In recent years, heated debates over appointments to the Supreme Court have focused on how nominees (or prospective nominees) would handle particular matters that might come before the Court, thereby raising questions of fundamental judicial philosophy. Some politicians and legal commentators announce their preference for “strict constructionists,” who will respect democracy and be faithful to the Constitution; some among them go so far as to claim that our Constitution in “in exile” and in need of “recovery.” Other politicians and legal commentators, who equally insist on fidelity to the Constitution, express a preference for justices who recognize the role of the Constitution as a “living document.” In this seminar, we will explore an array of views about how judges ought to approach interpreting the Constitution and adjudicating constitutional cases. The questions we will consider include these: What is the role of original intent in constitutional adjudication? What is the role of the constitutional text? Is the original constitution “lost” and “in need of recovery”? What might that mean?! What is the role of moral principles in constitutional adjudication? What is the role of the law of other nations or of international law? To what extent can we have a systematic theory of constitutional interpretation and to what extent must constitutional interpretation and adjudication proceed in a piecemeal fashion? Should judges try to reach the most minimal decisions they can in order to decide a case, or should they reach the decision they believe to be most fully accurate as a matter of law? Is the role of the justices to render decisions that reflect their best judgment of the true meaning or implications of the Constitution, or is it to craft workable doctrine to be used by lower courts? How ought we to go about choosing among constitutional theories? Although our emphasis will be on these theoretical questions, we will try to get some purchase on them by considering not only theoretical readings but also the Court’s principal decisions pertaining to privacy, abortion, the right to die, and homosexuality, and its recent decision on minors and the death penalty.
Readings:
- Antonin Scalia (and commentators), A Matter of Interpretation
- Robert Bork, The Tempting of America
- Laurence Tribe and Michael Dorf, On Reading the Constitution
- Ronald Dworkin, Law’s Empire and selections from Freedom’s Law
- Randy Barnett, Recovering the Lost Constitution
- Cass Sunstein, One Case At a Time
Supplemental articles and cases Requirements:
Each student will be asked to introduce the material and help lead discussion for at least one session. Written work for the course TBA but will include a number of papers that engage in critical discussion and exploration of the readings.
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. LAW AND SOCIO-ECONOMICS (Dallas )
2 credits
Law and Socio-Economics studies the interrelationship between law and economic/social processes by drawing on a variety of economic approaches and the other social sciences, such as psychology, sociology, anthropology, and political science. It offers students an interdisciplinary, values-based approach to public policy that is designed to take into account the power implications and distributional effects of laws and stresses the importance to effective regulation of attention to historical context, philosophical beliefs, culture, existing institutions, working rules and sources of power. It covers such topics as legal regulation and cognitive psychology, economic fairness and human well-being, culture, norms and legal regulation and a number of public policy issues, including the domain of markets, which raises the issues surrounding surrogacy contracts and egg donors; the complex interrelationships between legal regulations and changing norms in the workplace and within families; corporate social responsibility after Enron and for multinational corporations; and globalization concerning the impact of globalization on U.S. and foreign workers due to trade and capital liberalization. Students are required to complete a paper for this course.
LAWYERING SKILLS II (Hartwell)
3 credits
Students receive training in a variety of legal skills, including interviewing, counseling, negotiating, drafting memos, discovery, and trial advocacy. The course is specifically designed to follow-up on and expand the skills introduced to the student in Lawyering Skills I. The course methodology combines 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. Four-tier Pass/Fail grading. Prerequisite: Evidence is a pre-requisite for this class. Note: This course is a prerequisite for some live-client clinic courses.
LAWYERING SKILLS - LLMC (Greene)
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
LEGAL THEORY (Wiggins, M.J.)
3 credits
Even the most ardent traditionalist must concede that law is not an intellectual island unto itself. Law reflects the influences of popular intellectual movements, theories and disciplines. In this course, we will explore the various theoretical and philosophical approaches to law and jurisprudence with a special emphasis on examining how lawyers and judges make use of (and sometimes explicitly or implicitly reject) these insights and learning as they apply and interpret law. We will critically examine many influences rather than focusing on one discipline, movement, or theme. Topics covered may include (but are not limited to): Political and Ethical Theory and Law, Legal Realism (and its predecessors), Legal Process & Critical Legal Studies, Law and Economics and Critical Race Theory. A research paper will be required.
MERGERS AND ACQUISITIONS (Smith, T.)
3 credits
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 to 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.
MEXICAN LAW (Vargas)
3 credits
Designed to give students the basic elements of the Mexican legal system, this course underlines the differences and similarities between the U.S. legal system and Mexico's civil law system. Particular attention will be given to the examination of certain Mexican law branches, such as civil, constitutional and "amparo," and corporations. Some reference will be made to the Mexican court system, its legal history, legal education, and legal profession. Current legal questions between the U.S. and Mexico will also be covered. A paper is required.
NEGOTIATION (Smith, N.)
3 credits
A simulation course offering advanced training in the theory and practice of negotiating. Simulated negotiations of increasing complexity are carried on outside the classroom. Students are introduced to contrasting negotiation contexts, such as family and criminal law practice. Students maintain a journal over the semester. Emphasis is placed on the unique ethical issues attending negotiations. Lawyering Skills II is recommended. Enrollment is limited. The course is graded on a 4-tier Pass/Fail basis.
PARTNERSHIP TAX (Burke)
3 credits
Examined in this course are the tax consequences of formation of a general or limited partnership; basis of partnership interests and assets; effect of liabilities on basis; allocation of income and deductions on partners; partnership elections; continuation, merger, and termination of partnerships and partners' taxable years; family partnerships; sales and exchanges of partnership interests and assets of partnerships; liquidating and non-liquidating distributions; retiring partners; characterization of the entity and pertinent policy considerations. Tax I is a prerequisite.
PATENT LAW (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.
PRE-TRIAL PRACTICE (Martin)
3 credits
This class will explore the details of civil pre-trial practice and procedure in federal and state courts. Emphasis will be placed on the mechanics of and theory behind pre-trial discovery and motion practice. Among other topics, students will be exposed to the practical details of traditional civil litigation
PUBLIC INTEREST LAW AND PRACTICE (Fellmeth, R.)
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 - but do not assign it a priority number. Public Interest Law and Practice is subject to a special application procedure; please attend our orientation sessions on April 13-14 or visit CPIL's offices (rear door of the LRC) for further information.
PUBLIC INTERNATIONAL LAW (Schwarzschild)
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: REITs and REOCs. 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 REITs, down REITs, and pared share entities; regulatory aspects (tax and SEC) of REIT and REOC entity formation and IPOs; regulatory aspects of partnership "roll-ups"; tax, business, and corporate aspects of REIT operations; and current market analysis of REITs and REOCs. 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. Prerequisite, Tax 1
REMEDIES (Kelly)
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.
STATUTORY INTERPRETATION (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."
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 liability 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 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.
TRUSTS AND ESTATES: COMMUNITY PROPERTY (Alspaugh)
3 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 AND 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.
TRUSTS AND ESTATES: WILLS & TRUSTS (Lilly)
3 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.
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.
UNDERSTANDING SCIENCE & SCIENTIFIC METHODS (Poole)
2 credits
Through the examination of scientific findings in recent cases involving product liability, such as breast implants and asbestos, and regulatory affairs, we will examine the uses and misuses of science and statistics in legal decision-making and in law-making. The student will learn the differences between legal and scientific reasoning and how to understand scientific findings and relate them to the practice of law.
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