Summer 2007 Course Descriptions
Last modified:
April 26, 2007 12:14 PM
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.
Business Planning (David Laro)
This seminar integrates issues of corporate, securities and tax law using a problem approach in the context of business planning and counseling. Several problem situations involving common business transactions are examined extensively. Some of the problems considered may include: (i) Incorporating a sole proprietorship or professional practice; (ii) analyzing financial statements; (iii) raising private capital for a new business venture; (iv) planning for an initial public offering of securities; and (v) planning corporate turnarounds. Students learn and utilize negotiation skills involved in the purchase/sale of a business venture. Students are required to submit memoranda on certain aspects of the problems under consideration. On occasion, students will work together in small groups, and at other times will be responsible for individual work. Students will be expected to perform work similar to attorneys in private practice. The written work is in lieu of an examination. Prerequisite Courses: Corporations; Tax I
Evidence (Graham Strong)
This course will explore the rules and principles governing the proof of facts in the courtroom, with special focus upon the Federal Rules of Evidence. Topics include relevance, hearsay, the Confrontation Clause of the 6th Amendment, character evidence, impeachment and rehabilitation of witnesses, the best evidence rule, lay and expert opinion, and objections practice.
4 credits – Grade determined by in-class final examination.
Insurance Law (Adam Scales)
The course surveys the nature, function, regulation of and varieties of insurance, including property, liability, life, health, and automobile insurance. Primary emphasis is on the insurance contract and its interpretation, particularly coverage disputes between policyholder and insurer. The major approaches to insurance contract construction are reviewed, applied, and analyzed. The course surveys the law of policyholder and insurer rights and obligations as well as the rights of third parties and regulators. It also examines doctrines regarding waiver, estoppel, bad faith, the duty to defend, settlement prerogatives, and conflict of interest.
3 credits - Grade determined by final examination.
Legislation (Michael Salerno)
The course examines the importance of statutes in the US legal system and the legal principles governing the legislative process. The course explores the interrelationship between statutory and decisional law, and the role of administrative law, as these topics relates to the enactment of legislation. The course provides a practical analysis of the legislative process from the perspective of the attorney who will be involved in drafting legislation and advocating its passage. Also addressed are the topics of regulating participants, and ethical issues confronted, in the legislative process. Both the California Legislature and United States Congress are subjects of discussion.
2 credits – Grade determined by in-class final examination.
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, class participation and a take home final examination. This class will be graded on the four-tier system- High Pass, Pass, Low Pass, Fail.
Negotiation (Gregg Relyea)
Effective negotiation skills are essential to the successful practice of law. Most legal disputes are resolved through direct negotiation. This course will teach students effective communication techniques and negotiation strategies in a workshop style setting. The course will introduce students to different types of bargaining, different approaches to bargaining, specialized communication techniques used by effective negotiators, and techniques for overcoming negotiating impasses. Negotiation practices 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.
2 credits - Grades will be based on a written final examination, homework assignments, and class participation. This class will be graded on the four-tier system- High Pass, Pass, Low Pass, Fail.
Professional Responsibility (Michael Berch)
This course examines the singular ethics of lawyering and the rules of professional conduct applicable to the legal profession. We will focus on the Model Rules of Professional Conduct of the American Bar Association and an examination of the rules in California. We will examine the various professional relationships that exist between lawyers and: 1) their clients; 2) their colleagues; 3) the public; and 4) the judiciary, with a view toward answering such questions as: What are the "core values" of the legal profession? Why are lawyers required to act in ways that the public finds either confusing or hostile to other societal values? The objective of the course is to give students a working knowledge of the law governing lawyers, and an appreciation for the ethical challenges lawyers face and the ethical environment in which lawyers work.
3 credits - Grade determined by midterm, final and class participation.
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. Please note that the paper does not fulfill the Law School's writing requirement.
Tax I (Lilly)
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.
3 credits – Grade will be based on an in-class final examination.
Tax Exempt Organizations (Coveney/Dostart)
This course will address the concept and basis for tax exemption; classification as a Private Foundation; special issues relating to Public Charities, charities as operating entities, fundraising issues; California Law applicable to tax exempt organizations; and Unrelated Business Income Taxation (UBIT). There will be 4-8 hrs. p/wk reading assignments in Treasury Regulations.
2 Credits - Grade determined by final examination. Prerequisite: Tax I
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 and the policies behind 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” a current legal problem by applying the newly learned law to the current legal problem. Prerequisite: Property.
3 credits - 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).
1-3 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.
1-4 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- 4 credits. Prerequisites: prefer one or more of the following: course in Corporations or Business Planning; conversant in Spanish; outstanding writing skills.
Immigration Clinic I and II (Jan Bejar)
(1-4 credits)
Students gain practical experience through interviewing, counseling, and representing clients with immigration-related problems. Prior or concurrent enrollment in Immigration Law is highly recommended but not required. Weekly meetings are held with the clinic supervisor to discuss immigration law and practice and casework.
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.
1-3 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.
1-3 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. 1-2 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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