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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 (Law, David)
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 CORPORATE TAX PROBLEMS (Shaw)
2 credits
A series of planning and structural problems involving advanced issues in corporate taxation will be discussed. The topics to be covered include advanced corporate asset disposition and distribution problems; redemptions; stock transfers and dividends; collapsible corporations; accumulated earnings tax; personal holding companies and S corporations. Prerequisite: Tax II (Corporate Tax) This is an advanced tax course with priority enrollment for LL.M. in Taxation students.
ADVANCED TRIAL ADVOCACY (Snyder, A)
3 credits
A course combining one hour per week of demonstrations and lecture with a two hour per week workshop involving critique of individual student performances in a number of the more difficult areas of trial practice. Students are videotaped throughout the semester with feedback from instructors, practitioners and peers. In additions to the weekly problems, students perform at least one practice trial and a final trial. This is an intensive course designed to focus on individual presentation skills. Prerequisites: Lawyering Skills II and Evidence . Enrollment is limited. Students are graded by the standard numerical grading system.
ANTITRUST (Mogin)
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 to complete.
BANKRUPTCY (Wiggins, MJ)
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.
BIOETHICS AND THE LAW (Kolber)
3 credits
This course will explore legal and ethical issues associated with life and death. It will cover such topics in healthcare as informed consent, end-of-life decision making, reproductive rights, human experimentation, organ donation, recent developments in biotechnology, and more. The course will also address other areas of the law that grapple with life and death issues, including animal rights, capital punishment, and the valuation of life in tort law and administrative regulations. The class will lay a groundwork in moral theory and will raise, as a running theme, questions about the interrelationship between law and ethics. Sources will be drawn from groundbreaking legal cases as well as secondary sources in law and moral philosophy.
BIOTECHNOLOGY LAW (Altman & Fuller)
2 credits
This course will include a broad overview of biotechnology law with a particular emphasis on the patent law as it applies to biotechnology. The patentability of biotechnology will be discussed in depth, including patentable subject matter, utility, novelty, non-obviousness, enablement and best mode. Also discussed will be foreign patent protection for biotechnology and enforcement of biotechnology patents. The course will also cover other intellectual property issues, including trade secrets, employment contracts and licensing of biotechnology. In addition to the intellectual property issues, the course will also discuss issues relating to genetically modified foods, parental rights, and human cloning.
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.
CIVIL RIGHTS THEORIES SEMINAR (Brooks)
3 credits
This seminar will study closely several systems of accepted knowledge about how our government regulates or should regulate race relations during this Post-Civil Rights Era. These racial paradigms provide the subtext of public and, to a lesser extent, private institutional decision making, and are often debated within the pages of Supreme Court cases. While references will be made to Supreme Court cases and to specific justices, the seminar will focus on primary sources; in other words, the texts that generate fundamental civil rights theories. The readings will be interdisciplinary (drawing on legal, sociological, economic, psychological, historical, and political themes) and will stress the importance of contextualization. A conceptual scheme will be offered to help students understand, organize, and analyze civil rights theories; but students will be asked to develop their own well-informed views about the theories. Students will be evaluated on the basis of a paper plus weekly oral and written classroom presentations.
Enrollment is limited to 10 law students on a first-come, first-served basis.
COMMUNICATIONS LAW AND POLICY (Kammer)
2 credits
The study of communications law includes the statutes, regulations, and policies that govern communications with the public (television, radio, cable TV, the internet, newspapers, etc.) as well as private communications among its members (telephone, wireless, e-mail, etc.). The course will focus upon the Communications Act of 1934, as principally amended by the Telecommunications Act of 1996, and on the regulatory and legal developments of the past eight years. This area of the law is rapidly evolving, and we will examine the principal responsibilities of the federal, state, and local governments and their regulation of these industries, both in their traditional forms as well as the emerging variants. The course includes some constitutional law because communications law often involves First Amendment considerations. Classes also include discussions of the underlying technology because that technology impacts both law and policy. Yet students do not need a technical background.
COMPARATIVE CONSTITUTIONAL LAW (Claus)
3 credits
This course considers how sophisticated political systems limit and channel the exercise of governmental power. We do this primarily by taking the great issues of American constitutional law and asking how those issues are treated elsewhere. The course is open to all upper-class students, and may be taken concurrent with Constitutional Law.
COMPLEX LITIGATION (Schulman)
2 credits
This seminar will focus on class actions and other private multi-party civil litigation. The course will examine the procedural and constitutional issues associated with attempts to resolve mass party disputes on an aggregate basis. The seminar will cover the phases of litigating a class action, including pleading, joinder, venue, class certification, notice, settlement, and trial. Prerequisite: Civil Procedure. Third-year students will be given preference.
CONSTITUTIONAL LAW II (Nagel)
3 credits
This courses covers Fourteenth Amendment's equal protection and due process clauses. Specific topics include race discrimination (including school desegregation and affirmative action), gender discrimination, discrimination against homosexuals, voting rights, privacy (including abortion, sexual freedom, and the right to die), and property. A final exam is required. Prerequisite: Constitutional Law I.
CORPORATE FINANCE (Partnoy)
3 credits
This course covers the core concepts of finance as they relate to the study and practice of law. Topics include financial statement analysis, capital budgeting, valuation of stocks and bonds, risk management, portfolio theory, derivatives, and corporate financial management. The course includes quantitative concepts and exercises. Prerequisite: Corporations. Each student is required to purchase and use a financial calculator.
CORPORATE REORGANIZATIONS ( Ferguson )
2 credits
This course considers the tax treatment of corporations and shareholders in corporate acquisitive reorganizations, single corporation reorganizations and corporate divisions, including carryovers. Tax II is recommended but not required. Prerequisites: Tax I, Tax II is recommended but not required. This is an advanced tax course with priority enrollment for LL.M. in Taxation students.
CORPORATIONS (Dallas) (McDonnell)
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.
CRIMINAL PROCEDURE II (Huffman)
3 Credits
In this advanced criminal procedure class, students will continue the study commenced in Criminal Procedure I, focusing on the processing of a criminal defendant through the criminal justice system. The course will address a number of issues regularly presented in criminal cases, including the charging process, the right to a speedy trial, criminal discovery and disclosure, the right to jury trial, the right to effective assistance of counsel, the right to confrontation and the exercise of the privilege against self incrimination at trial. In addition the course will include discussions of the principles of the right against double jeopardy, and post conviction remedies such as direct appeal and petitions for habeas corpus. The purpose of the course is to develop an understanding of the basic structure of the criminal process in a federal system of government as well as the basic principles underlying the constitutional and procedural protections of the criminal justice system. Students will be permitted to choose to submit a paper or to take a final examination for the course grade. Prerequisites are Criminal Law and Criminal Procedure I.
CYBERSPACE LAW (Henning)
3 credits
Cyberspace Law has been characterized as the study of how information is regulated in a world linked by computer networks. This class is a survey of the wide range of legal issues that have arisen with respect to the Internet. We will explore such topics as personal jurisdiction, speech and privacy, intellectual property, electronic business transactions, and access to and network ownership of cyberspace. We will also consider competing views of how the Internet should be regulated. Except for reading assignments and class participation, there are no requirements other than a three-hour final at the conclusion of the semester.
DEALS (Partnoy)
3 credits
This course will focus on the role of lawyers in a variety of corporate transactions. It is designed for students interested in practicing corporate law or in careers in business. The course will cover the following types of deals (and perhaps others): stock options and equity compensation agreements, venture capital financing, initial public offerings, mergers and acquisitions, spinoffs, and issuance of tracking stock. Students will create, negotiate, and edit documents for these deals and write papers analyzing key deal components. Prerequisite: Corporations.
DEFERRED COMPENSATION AND EMPLOYEE BENEFITS ( Wolds )
2 credits
This course examines the impact of the Employee Retirement Income Security Act and the Internal Revenue Code on employee benefit plans. It provides a survey of the types of qualified retirement plans as well as a detailed discussion of funding requirements and plan qualification procedures. Extensive attention is also be given to minimum coverage, participation and vesting standards with an emphasis on nondiscrimination rules. The course focuses on the tax issues related to the deductibility of contributions and the taxation of distributions from qualified employee pension benefit plans. This course will devote considerable time to Title I of the Employee Retirement Income Security Act of 1974, as amended, including a review of the private right of action provisions of ERISA, issues of standing, proper claims, fiduciary standards, federal preemption and minimum standards. The course will also explore employee benefits in the context of the general body of labor law and consider issues involving employment discrimination laws as they affect employee benefits. The applicability of federal securities laws to employee benefits also will be considered. Co-requisite: Tax I is required, but may be taken concurrently with this course . This is an advanced tax course with priority enrollment for LL.M. in Taxation students.
ECONOMIC LIBERTIES & THE CONSTITUTION (Siegan)
3 credits
The United States Supreme Court protects a 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 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.
EDUCATION LAW (Kemerer)
3 credits
Law 535 Education Law examines the legal rights and responsibilities of administrators, teachers, parents, and students in public and private schools. Some attention also will be given to higher education. Using California as the point of reference, the course focuses on federal and state law constituting the legal framework within which education is delivered. Through study of constitutional provisions, statutes, and judicial decisions, students review such topics as parent rights and responsibilities, school choice through charter schools and voucher programs, teacher and student rights, unions and collective bargaining, school finance, special education, personnel decision making, religion on campus, student discipline and due process, privacy rights, search and seizure, race and gender isolation and discrimination, and legal liability. The broader public policy dimensions underlying both the development of education law and the operation of schools and colleges also will be addressed. In addition to a course packet of edited cases and selected California statutes, students will be provided the copy-edited manuscript of Prof. Kemerer's forthcoming book California School Law to be published by Stanford University Press in May 2005.
ENVIRONMENTAL LAW SEMINAR (Richardson/Mulliken)
3 credits
This course will cover major federal legislative initiatives in the environmental field, including the Clean Air Act ("CAA"), the Clean Water Act ("CWA"), the Resource Conservation and Recovery Act ("RCRA") and the Comprehensive Environmental Response, Compensation and Liability Act ("Superfund"). We will analyze the constitutional underpinnings of these statutes and explore related issues including citizen suit provisions and the roles and relationships of federal, state, and local governments in the enactment and enforcement of environmental legislation. The course touches briefly on environmental rulemaking and multi-venue litigation addressing the relationship between federal statutes and state common law.
No prerequisites necessary, final examination only, offered Spring 2005. Course will be taught on select Saturdays to be announced at first class meeting.
ESTATE PLANNING (Lilly)
3 credits
The study of estate planning brings together in a practical, planning-oriented approach the knowledge gained from many courses to assist prospective lawyers in advising their clients how to arrange the most effective disposition of their capital and income. The income taxation of trusts and estates, the revocable trust, and the marital deduction are reviewed in detail. Differences between planning with separate property and community property are considered. This course is tax intensive and intended for students with a strong interest in tax law. Prerequisites: Tax I (Basic Federal Tax), Taxation of Wealth Transfers, and T&E: Wills & Trusts. This is an advanced tax course with priority enrollment for LL.M. in Taxation students.
FAMILY LAW (Horton)
3 credits
This open-enrollment course surveys the constitutional and legislative doctrine and the adjudication frameworks related to traditional family-law topics: marriage and divorce; marital property regimes; parent and child, including child custody, termination of parental rights, and adoption; family support rights; and rights of children. The course will be organized generally in relation to the California Family Code. The informational component of the course is important, and the course will feature weekly short in-class exams testing on the week's assignment; no final exam will be offered.
FEDERAL LAND LAW (Reed)
3 credits
This course examines the policies, statutes, regulations, and judicial decisions that govern the administration of federally owned lands and resources. One-third of the United States, including 45% of California, is owned and managed by the federal government. Whether the federal lands are to be used for mineral production, grazing, timber cutting, wildlife protection, recreation or simply preservation presents continuing policy and litigation issues. The federal government, states, developers and environmentalists all have an interest in decisions affection the management of federal lands. A research paper is required.
FREEDOM OF SPEECH SEMINAR (Nagel)
2 credits
This seminar will cover a limited number of the most important free speech decisions, including, for example, Brandeis' concurrence in Whitney v. California, Brandenburg v. Ohio, and Cohen v. California. These decisions will be studied in depth-not only in light of legal precedent but also in the context of relevant political and jurisprudential considerations. Paper required.
GENDER AND THE LAW (Murr)
2 credits
This seminar critically explores the issues and theoretical debates relating to gender and the law. Theoretical perspectives considered may include formal equality, substantive equality, dominance theory, different voice theory, autonomy, and anti-essentialism. By examining the law's treatment of and impact on women through these varied theoretical perspectives, students will gain a critical appreciation of the relationships between gender and the law, and the extent to which the law ameliorates and perpetuates gender inequality and inequity. A research paper is required.
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.
INCOME TAXATION OF TRUSTS AND ESTATES (Harris)
3 credits
The federal income taxation of trusts, estates, and their beneficiaries; distributable net income; distribution deductions for simple and complex trusts and estates; grantor trusts; income in respect of a decedent; and throwback rules. Prerequisites: Both Tax I and T&E: Wills & Trusts. This is an advanced tax course with priority enrollment for LL.M. in Taxation students.
INTERNATIONAL ARBITRATION (Speidel)
2 credits
This is an introduction to arbitration in general and international arbitration in particular. The course will be taught from the perspective of a lawyer with international clients who practices (or hopes to practice) in California. That lawyer will need to know about: (1) the advantages and disadvantages of arbitration, (2) the legal framework for domestic and international arbitration, (3) the drafting and enforceability of the agreement to arbitrate, (4) choice of administering institution and the arbitration rules, (5) selection of the arbitration panel, (6) conduct of the arbitration hearing, and (7) enforceability of the final arbitration award. The course materials will be a recent casebook on "International Commercial Arbitration" and a statutory supplement.
INTERNATIONAL CIVIL LITIGATION (Heiser)
2 Credits
International Civil Litigation will deal with a variety of issues which arise in international litigation in courts of the United States. Likely to be included are Judicial jurisdiction; service of process abroad; forum selection; taking evidence abroad; Foreign Sovereign Immunities Act of 1976; subject matter and legislative jurisdiction; the Act of State Doctrine; recognition and enforcement of foreign judgments; and international arbitration. Prerequisite: Civil Procedure.
INTERNATIONAL ENVIRONMENTAL LAW (Silva-Send)
2 credits
This course requires basic knowledge of international law. The course will cover development of international environmental law as well as sources of law. Issues relating to protection of the atmosphere, protection and preservation of watercourses, biological diversity and hazardous substances will be addressed. The course also covers state responsibility, civil liability regimes, and global trade and environmental protection, and issues relating to common spaces. The grade will be based on a final examination.
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. The use of international human rights norms in U.S. courts also will be discussed.
INTERNATIONAL INTELLECTUAL PROPERTY (L. Ramsey)
3 credits
This course examines international protection of intellectual property. It focuses on international treaties, agreements, and dispute resolution policies relating to patents, copyrights, trademarks, and related rights, and compares the intellectual property laws of different countries. The course covers licensing and enforcement of intellectual property rights in foreign markets, and explores international intellectual property issues that arise in domestic courts. The grade will be based on a final examination. Prerequisite: Completion of at least one intellectual property course (e.g., Introduction to Intellectual Property, Patents, Copyrights, or Trademarks).
INTERNATIONAL NEGOTIATION (Wiggins, C) (Snyder, A)
3 Credits
The course will include specific materials and skill-building exercises on cross-cultural aspects of the bargaining process. Participants will include lawyers from other nations who are enrolled in USD's LLMC program, and upper class American JD students. This course will be cross-listed with the Master's program in Peace & Justice, so enrollment will be limited. JD's are encouraged to pre-register.
INTERNATIONAL SALES TRANSACTIONS (Lawrence)
3 credits
In this seminar course, the first twelve weeks will emphasize the basic international sales transaction, law and risks, cultural assumptions about contract, and details of documentary financing. Special emphasis on the comparative consequences of the Convention on the International Sale of Goods (CISG) and Article 2 of the U.S. Uniform Commercial Code (UCC). Students will choose a covered topic, prepare an outline, and lead a class discussion. The final four weeks comprises two clinical exercises. In the first, student teams prepare and negotiate an international sales and manufacturing licensing agreement with opposing teams representing a client from a foreign legal system. In the second, the student teams attempt to resolve a dispute under the contract by conciliation and mediation rather than litigation. A final exam is scheduled, but students have the option of writing a paper on a subject approved by the instructor. Texts are Folsom et al., International Business Transactions, ICC publications on INCOTERMS and Documentary Credits, CISG, and UCC.
INTERNATIONAL TAXATION (Pugh)
3 credits
This basic course in international taxation will focus on the principles relating to the taxation of foreign persons (individuals as well as legal entities) by the United States and the U.S. taxation of income received by U.S. individuals and entities from activities abroad. Topics will include principles of international tax jurisdiction; rules relating to the source of income and deductions; the foreign tax credit; Section 482 and transfer pricing; foreign currency translations; international double taxation treaties and an introduction to controlled foreign corporations. Prerequisite: Tax II is recommended.
INTERNATIONAL TRADE LAW (Ramsey, Mike)
3 credits
This course explores the various legal regimes of international trade, including multilateral agreements such as the World Trade Organization (WTO), the North American Free Trade Agreement (NAFTA), and other actual and proposed free trade arrangements. Themes include the theoretical, practical and political arguments for and against free trade, the practicalities of implementing free trade agreements, the institutional challenges of international regulatory and adjudicatory bodies such as the WTO, and the problems of unilateral regulation of international trade. A research paper is required.
INTERVIEWING AND COUNSELING (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.
JURISPRUDENCE (Smith, Steve) 3 credits "Contract law," "tort law," and "criminal law" are different bodies of law, but they share a common term: "law." But what sort of thing is "law"? And what difference does it make, if any, how we understand the nature of "law"? Or is this a purely theoretical and "academic" question? This course will consider the different sorts of answers that legal thinkers over the centuries have offered to these questions. We will discuss the major classical positions-- natural law, legal positivism, and historical jurisprudence-- and also some influential American perspectives associated with figures such as Holmes and the Legal Realists.
LAW AND ECONOMICS (Wonnell)
3 credits
This course introduces the student to the burgeoning field of legal thought on the intersection of law and economics. It analyzes a wide variety of legal institutions, including property, contract, tort, criminal law, corporate law, and antitrust, from the perspective of the incentive structures that are created by these institutions. In that sense, economic analysis is a value-neutral scientific exploration of cause and effect. However, we will also use economics to ask important normative questions about the legal fields we study. Do the legal rules in these areas result in activity that is privately profitable but socially wasteful? Would alternative legal rules more efficiently coordinate private activity in the service of the public good? Students will write a paper on a topic of their choice, drawn from contemporary controversies between law-and-economics writers in the legal literature. There are no prerequisites for this course.
LAW AND SOCIO-ECONOMICS ( Dallas)
2 credits
Law and Socio-Economics studies the relationship between law and economic/cultural processes by drawing on learning from a variety of disciplines, including psychology, sociology, anthropology, political science, and economics. It encompasses diverse perspectives which are united by their criticism of one or more aspects of law and neoclassical economics. It covers such general areas as law and behavioral economics, culture and norms, cooperation and trust, and public policy issues such as race and gender discrimination, corporate social responsibility, globalization, and deregulation. Students are required to complete a paper for this course.
LAW OF AMERICAN DEMOCRACY (Auerbach)
3 credits
The seminar will explore the ways in which our Constitution and legislation implement the principle that democratic government is based on the consent of the governed. It will begin by examining democratic structures that differ from our own. It will then consider our federalism and the bicameral structure of our federal government; our system of legislative representation; the electoral college and selection of the President (including the election of 2000); the role and regulation of political parties and our two-party system; campaign finance (money and politics); proposals for electoral reform, including term-limits; the function of judicial review in a democracy, including judicial selection; and direct democracy at the local level, particularly in California.
LAWYERING SKILLS II (Hartwell)
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.)
LEGISLATION (Rappaport)
2 credits
The course examines the increasingly important role of statutes in the American legal system. A substantial part of the course will discuss statutory interpretation - an essential tool for lawyers that is not sufficiently covered elsewhere in the curriculum. The course will also address various aspects of the legislative process, such as campaign finance, initiatives and other forms of direct democracy, term limits, supermajority rules, and the line item veto.
LOCAL GOVERNMENT LAW (Rodriguez)
3 credits
A survey of the general law and policy questions that concern various types of local governments, with the emphasis upon public control of land use are presented. Included subjects are local relations to the state and federal government, judicial control of local decision making, creation and organization of local governments change of boundaries, scope and source of powers, home rule, delegation of powers, urban planning, eminent domain, public nuisance, zoning, housing codes, urban renewals, the regulation of new development, and the law of politics.
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 (Hartwell)
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. Later in the course, students are introduced to contrasting negotiation contexts, such as family and criminal law practice, to cross-cultural negotiations and to mediation as an alternative method of settling legal disputes. Students maintain a journal over the semester. Emphasis is placed on the unique ethical issues attending negotiations and mediation. Enrollment is limited. The course is graded on a 4-tier Pass/Fail basis.
POSTCONVICTION REMEDIES (Landon)
3 Credits
Postconviction Remedies will address the law and procedure affecting a criminal case after conviction in the trial court. The course will cover motions for new trial; filing the notice of appeal and obtaining the record; preparation of the briefs; presenting the appeal to the reviewing Court; requests for rehearing; petitions for hearing; petitions for Writ of Certiorari; Writs of Habeas Corpus in the state courts; federal Writs of Habeas Corpus affecting state cases; federal Writs of Habeas Corpus affecting federal cases; and Writs of Mandate. A research paper will be required.
PRACTICUM - CIVIL (Wharton)
3 credits
The practicum is an intensive simulation clinic course offered as an alternative to Lawyering Skills II. Class enrollment is limited. The course uses case files, role players, expert practitioners and faculty to teach important lawyering skills. In 1998, the course will be devoted primarily to advocacy in so-called alternate for a for dispute resolution. Prerequisite: Evidence.
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.
REAL ESTATE FINANCE (Raushenbush)
3 credits
This course surveys real estate security and financing both residential and commercial, including mortgages, deeds of trust, and installment land contracts. Coverage will be general, with some California emphasis.
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.
SCIENTIFIC EVIDENCE (Shore)
3 credits
This course will address the technical requirements under California law for admissibility of both established and new forms of scientific evidence. Possible topics include fingerprints, serology, odontology, DNA and others. Students will apply the principles of admissibility by participating in realistic foundational hearings in the classroom, and will present papers on specific forms of scientific evidence. Open only to students who have completed their second year.
SECURITIES REGULATION (McDonnell)
3 credits
This course provides an overview of the federal and state regulation of initial offerings of securities and resale restrictions. It focuses mainly on the history, policies, operation and effect of the Federal Securities Act of 1933 and the Securities Exchange Act of 1934. Topics covered include the definition of a "security," the registration and disclosure requirements for the public offering of securities, the regulation of private placements, intrastate offerings and small offerings, resale restrictions, liability, and the professional responsibility of securities lawyers. Corporations must be taken prior to or concurrently with this course.
SPECIAL EDUCATION AND THE LAW (Dalton)
2 credits
This class is designed to train students to respond to the legal needs of families whose children have physical, learning, or emotional disabilities. Course work covers federal and California laws governing the rights of students with disabilities to special education and related services. Class includes an overview of the Individuals with Disabilities Education Act (IDEA), the Individualized Education Program (IEP), the continuum of placements, discipline provisions, procedural safeguards, and legal remedies. Statutory and case law are utilized to assist students in understanding this complex and emerging area of specialization. The first two sessions of class join with an intersession class for graduate students in the School of Education, exposing students from both disciplines to the challenges that families of children with special needs encounter. No prerequisite.
SPORTS AND THE LAW (Simon) 2 credits This course will address the intersection between the business of sports and various bodies of law. Topics will include contract law, antitrust, labor law, governance of professional sports leagues,
regulation of amateur sports, and gender discrimination. Knowledge of antitrust and labor law is useful but not required.
TAX II (Pugh)
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).
TAX LITIGATION (Carpenter)
2 credits
This course provides a comprehensive review of prelitigation IRS administrative procedures, practical analysis in the selection of a choice of forum to litigate a federal tax dispute, pre-trial practice and case analysis, trial techniques and strategies when litigating a federal tax dispute before the U.S. Tax Court, and a review of refund litigation. Prerequisite: Tax I. This is an advanced tax course with priority enrollment for LL.M. in Taxation students.
TAX POLICY (Snyder, L)
2 credits
This seminar will focus on three selected areas of tax reform: (1) Problems with the "realization" requirement and inconsistent treatment of different sources of income (earned v. unearned); (2) Revising the way we tax businesses (public and private); and (3) Analysis of some consumption tax proposals (including a national sales tax, the Flat Tax, and the Value Added Tax. [Selected issues in capital gains and losses and taxation of the family unit may also be explored.] The primary goal in studying these areas is to better understand the rationale for several areas of current tax law. The assigned material will include law review articles and excerpts from the most recent tax legislation passed by Congress. There is one paper assignment (10-12 pages). Each week students will also be assigned to respond to questions regarding each assignment. Designated as a "perspectives" course in the graduate tax program. Prerequisites: Tax I and Tax II or their equivalents.
This is an advanced tax course.
Class size is limited. Enrollment priority will go to 1) LLMTs with a SP05 or FA05 graduation date; 2) JDs admitted to the LL.M. program with a FA05 LL.M. graduation date.
TAX RESEARCH AND COMMUNICATIONS (Keiser)
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 (Wesley)
2 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. (A year-long course.)
TRUSTS AND ESTATES: WILLS and TRUSTS (McCouch)
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.
Understanding Science and Scientific Methods: An Overview for Lawyers (Poole)
1 credit
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 an 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. Paper due early February.
UNIFORM COMMERCIAL CODE: SALES (Speidel)
3 credits
This course examines the reciprocal rights and obligations of sellers and buyers of goods through a study of Article 2 of the Uniform Commercial Code. Emphasis is placed on contract formation principles, statute of frauds, sources of contract terms, warranties, good faith and unconscionability, performance and breach, and remedies. The relationship of Article 2 to common-law contract principles is also explored. There are no prerequisites.
VALUATION (Laro)
2 credits
This course encompasses the ever expanding body of law as it relates to valuation of business interest. Topics include the proper standard of valuation, various valuation methods, and the use of discounts and premiums. The class will review business valuation issues with respect to family limited partnerships, estate planning, corporation transactions, and other areas. Cutting edge issues such as valuing high tech companies will be covered. Prerequisite: Tax I. Corporations and/or Tax II are recommended. This is an advanced tax course with priority enrollment for LL.M. in Taxation students.
WHITE COLLAR OFFENSES (Attanasio)
2 credits
The course will cover a variety of topics related to the defense and prosecution of "white collar" criminal offenses, with a particular focus on emerging trends in the law arising from recent corporate scandals and prosecutions. The lectures will emphasize strategies for conducting internal investigations of corporations and their officers and directors, as well as tactics used by law enforcement in conducting white collar grand jury investigations and criminal prosecutions. In this regard, the course will be geared towards students interested in pursuing careers as prosecutors or criminal defense attorneys, as well as those who may represent corporate clients generally.
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