Summer 2006 Course Descriptions
Last modified:
April 11, 2006 11:08 AM
Courses
Agency, Partnership and the LLC (Mark Lee)
This course is about the business issues that inevitably confront people working together and how the laws of the various forms of business organizations -- agency, partnership, limited partnership, limited liability partnership (LLP), and limited liability company (LLC) -- resolve these issues. The focus will be on what, if anything, a lawyer can and should do about the resolutions provided by these laws. Students will be asked to provide advice to hypothetical clients about how they might achieve some of their goals while reducing the chances of pricey litigation. Because the focus of this course is the development of a set of skills, students will be asked to practice using these skills every day in class; the professor will ask sets of interrelated questions and will work with students to answer these questions. The instructor treats students as junior partners, according them the respect due and expecting them to shoulder the responsibilities of a junior partner. Note: Beginning in July 2007, the substance of this class (Business Associations) will be tested on the California Bar Examination.
3 credits. Grade determined by in-class final exam and class participation.
Evidence (James Tomkovicz)
Evidence is primarily a study of the rules that control whether evidence is admissible or inadmissible in judicial proceedings. The focus is primarily on the Federal Rules of Evidence, although some attention will be given to the California Rules of Evidence and how they differ from the Federal Rules. A considerable portion of the course is devoted to a study of the Hearsay rule. Other topics include relevance, character evidence, impeachment of witnesses, opinion evidence, privileges, and a small number of additional subjects.
4 credits. Grade determined by in-class final exam.
Negotiation (Rob Brainin)
This class is about negotiation and dispute resolution: how not to lose when thinking win-win. Many negotiators fail to maximize their outcomes because they either take extreme, unyielding positions or because they look for an optimal ‘win-win' solution and in the process give their counterpart value that they could capture themselves. This course focuses on the strategy behind dispute resolution (negotiation, mediation, arbitration) and speaks in a practical way about how to use that strategy to maximize what can be achieved in those situations. Through a combination of lectures, in-class exercises, class discussions and guest speakers, the class will explore the different methods of dispute resolution, and how to maximize your outcome in each. The first part of the course highlights the difference between the different types of dispute resolution. We'll then focus on game theory and its role in negotiation. We'll then focus on how to maximize the potential overall value of the outcome to all parties in a dispute . . . and subsequently how to capture a disproportionate share.
2 credits.
Grade determined by weekly assignments and class participation. This class will be graded on the four-tier system- High Pass, Pass, Low Pass, Fail.
Negotiation (Gregg Relyea)
Effective negotiation techniques and strategies will be examined and practiced by students in a workshop-style course. The course will introduce students to different types of bargaining, different approaches to bargaining, communication techniques used by effective negotiators, and techniques for overcoming negotiating impasses. Negotiation techniques will be taught using both lecture and experiential methods (interactive exercise, role play exercises). This course will be practical in its orientation, with an emphasis on prevailing negotiation techniques and strategies customarily used by practicing lawyers. Due to the participatory nature of the course, enrollment will be limited to 25 students.
2 credits. Grade determined by final exam, assignments, class participation, and role play/interactive exercises. This class will be graded on the four-tier system- High Pass, Pass, Low Pass, Fail.
Professional Responsibility (Pamela Bresnahan)
This course covers ethics, professional liability and discipline issues. Emphasis will be placed on practical problems confronted by the practitioner. The course will require review of the Model Rules of Professional Conduct. Required reading will be S. Gillers, Regulation of Lawyers: Problems of Law and Ethics (7th ed 2005) and R. Zitrin, C. Langford and E. Peck, Legal Ethics: Rules, Statutes and Comparison (2005 ed.).
3 credits. Grade determined by final exam and assignments; in addition, most likely there will be an oral presentation and a short (5-10 page) paper on an assigned topic.
Supreme Court Seminar: Justice O'Connor's Legacy (Stanley Panikowski)
In this seminar, we will explore Justice O'Connor's impact on the Supreme Court and the Court's jurisprudence. We will also evaluate her significance in United States and international legal and political culture. Finally, we will try to predict her legacy for the Court, the country, and the world. We will draw on a variety of sources in investigating these issues. The primary emphasis will be on Justice O'Connor's judicial opinions. We will also analyze some of her other writings. Finally, we will assess what others have written about Justice O'Connor and her jurisprudence. Our ultimate goal will be to evaluate these materials critically and synthesize them to form our own views on Justice O'Connor's impact and legacy.
2 credits. Prerequisite: Constitutional Law I or permission of instructor. Grade determined by paper and class participation, and possibly a short in-class presentation based on the paper.
Tax I (Paul Caron)
Tax I provides students with an understanding of the basic principles of federal income tax, including gross income, deductions, tax accounting, capital transactions and income shifting. Tax I is a required class for upper-class students at USD.
3 credits. Grade determined by final exam plus assignments during the semester.
Tax Fraud (Richard Carpenter)
Tax Fraud studies criminal tax law, including the prosecution and defense of Title 18 and Title 26 criminal tax crimes, pre-trial criminal tax practice and case analysis, methods of proof used by the government during trial, defense strategies and techniques during trial, federal sentencing guidelines, and related civil tax issues.
2 credits. Prerequisite: Tax I. Grade determined by in-class final exam.
Trusts & Estates (Kris Panikowski)
This course takes a theoretical and practical approach to learning trusts and estates law by employing both the socratic and case methods of instruction. A range of issues will be explored, including intestate succession, probate procedure, grounds for will contests, requirements for the creation and termination of private trusts, inter vivos transactions, planning for incapacity, and problems in the interpretation of testamentary instruments. Class sessions will include active discussion and analysis of the law. Students also will have the opportunity to apply the law to a current legal problem each week. Students will be “on call” one or two weeks during the session, during which time they will write a three-page paper in which they “resolve” that week's current legal problem by applying the newly learned law to the facts of the particular problem.
3 credits. Prerequisite: Property. Grade determined by final exam, assignments and class participation.
Clinics
Child Advocacy Clinic: Dependency II
(Robert Fellmeth)
Students participating in Dependency Clinic II continue their work with an assigned attorney from the San Diego Office of the Public Defender representing abused children in dependency court proceedings. Dependency Clinic interns meet as a group once a week to discuss their work and to review current issues in child advocacy. Students interested in taking Dependency Clinic II need to obtain a permission slip from Elisa Weichel at the CPIL/CAI offices (back entrance of the LRC).
1-4 credits. Prerequisites: Evidence, Civil Procedure, Child Rights & Remedies, Dependency I
Child Advocacy Clinic: Policy I and II
(Robert Fellmeth)
Students participating in the Policy Section work with CAI staff on projects relating to state agency rulemaking, legislation, litigation, or other advocacy. Policy projects might include performing research and writing on the California Children's Budget or the Children's Regulatory Law Reporter. Interns may also be assigned to participate in policy research and analysis of current applications of law and regulations as they affect children. Students interested in taking Policy Clinic I & II need to obtain a permission slip from Elisa Weichel at the CPIL/CAI offices (back entrance of the LRC).
1-4 credits. Prerequisites: Child Rights & Remedies.
Civil Clinic I & II (Allen Gruber)
Students interview, counsel and represent clients in actual civil cases under the supervision of a clinical professor through the in-house clinic law office. Weekly group meetings are combined with individual case conferences to provide intensive personal training in problem solving and case management, and to provide exposure to practice and procedure.
2-4 credits. Prerequisites: Evidence, Civil Procedure, & Lawyering Skills II (or the Practicum).
Entrepreneurship Clinic I & II (Donna Matias)
Through hands-on opportunities, students in the Entrepreneurship Clinic provide pro bono legal services to low- and moderate-income entrepreneurs who want to start or expand their small businesses. The Entrepreneurship Clinic does not engage in litigation-related services; instead, it focuses on advising clients on legal matters relating to their business and assisting in drafting and filing necessary documents. Such work includes determining the appropriate choice of business entity; assistance in obtaining necessary permits and licenses; advising on employment and independent contractor issues; drafting and reviewing commercial contracts and leases; and assisting with the establishment of tax-exempt organizations.
1-3 credits. Prerequisites: prefer one or more of the following: course in Corporations or Business Planning; conversant in Spanish; outstanding writing skills.
Environmental Law Clinic I & II (Richard Wharton)
This is a clinical course for students who wish to develop litigation skills in the context of environmental law. All work is performed under the direct supervision of the director of the Environmental Law Clinic. There is a two-hour per week classroom component, as well as a regular meeting with the director of the Environmental Law Clinic. Prerequisite: Environmental Law, which may be taken concurrently.
2-3 credits. Prerequisites:
Environmental Law or experience.
Small Claims Clinic I and II (Franco Simone)
The Small Claims Clinic offers students the opportunity to develop interviewing and counseling skills as well as trial preparation skills in the Small Claims Court context. Students assist low-income families in preparing their cases for trial at Small Claims Court and can represent clients in the appeals process in Superior Court.
2-3 credits.
Special Education Clinic I & II (Margaret Dalton)
Students receive practical training and experience in client intake, interviewing and counseling, and representation of clients at meetings with school district personnel. Some cases proceed to formal mediation and hearing. Weekly group meetings are combined with individual case conferences to provide intensive personal training in case management. The classroom component also includes an overview of statutes and cases in this growing area of civil law.
1-4 credits.
Tax Clinic (Richard Carpenter)
The Tax Clinic is a hands-on class that provides students with practical tax controversy experience while assisting low income taxpayers with IRS problems. An emphasis is placed upon client interviewing skills, as well as learning how to negotiate with the IRS, and how to effectively resolve a client's federal tax dispute. Also, students provide outreach programs to the local community, advising citizens of their rights as taxpayers, as well as their tax obligations.
2-3 credits. Prerequisite: Tax I.
Internships
Agency Internship (Alan Alvord)
The Agency Internship Program allows students to receive academic credit for work in a law-related position with a governmental agency or a non-profit organization in San Diego . Over the summer, the work can be in either a civil or criminal practice. The student must not receive monetary compensation for the work. In addition to the work component of the Program, students enrolled in the program will have regular contact with the Program's instructor; who will meet with them individually and as a group throughout the summer, assign various written projects (such as a journal and a final paper), and review samples of the student's written work from the internship.
Students can secure their own placement or meet with Professor Alvord for guidance in securing a placement. After a placement is found, students must complete an application form to have their placement approved for the Program; employers who participate in the Program must commit to following the requirements of the Program. Students work a minimum of 60 hours per unit of credit.
1-3 credits.
Judicial Internship (Paul Horton)
The Judicial Internship Program allows students to receive academic credit for work in a judge's chambers in San Diego . Students must work 60 hours per unit of credit. In addition to the work component of the Program, students enrolled in the program will have regular contact with the Program's instructor, Professor Horton, who will meet with students individually, assign various written projects (such as a journal and a final paper), and review samples of the student's written work from the internship. In addition to the in-chambers and written work components, there is a classroom component to the Judicial Internship Program; students who enroll in this Program over the summer are required to enroll in the Adjudication Seminar in either the fall or spring semesters of the regular academic year.
Professor Horton has a manual that explains the judicial internship process; interested students should be sure to pick up a copy of the manual. Students can secure their own internship position or can meet with Professor Horton for guidance in securing a placement. Students must receive approval from Professor Horton to register for this program.
1-6 credits. Prerequisites: preferred: 1L curriculum and Criminal Procedure.
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