Upper Class Required
CIVIL PROCEDURE I & II
6 credits
Civil Procedure is the study of procedural rules governing civil actions in state and federal courts. The topics studied throughout the year include selection of the proper court and place for litigation, jurisdiction over the parties, joinder of parties and claims, contents of pleadings, discovery, pre-trial motions, conduct of trials, and conflicts between state and federal judicial systems. Required for second-year evening-division students.
CONSTITUTIONAL LAW I (Prakash)
4 credits
The study of the United States Constitution, stressing the theory and practice of judicial interpretation and review, the separation of federal powers, the relation of the states to the federal government, and specific powers of the federal government - in particular the tax, treaty, war and commercial powers. In addition, the course will discuss freedom of speech, takings, and contract clause issues.
PROFESSIONAL RESPONSIBILITY (Simmons)
3 credits
The roles of the lawyer in society and the obligations implied in those roles are examined. Topics include qualifications for admission, disciplinary standards and procedures, the history and organization of the legal profession; the provision, marketing, and compensation arrangements for legal services; avoiding conflict of interest; obligations to clients, the courts, and society, and conflicts presented by the adversary system for settlements of disputes; and responsibilities of lawyers as public servants and citizens. American Bar standards will be reviewed. Required for upper-class students.
PROFESSIONAL RESPONSIBILITY SEMINAR (Zacharias)
3 credits
An in-depth exploration of selected issues relevant to lawyers' professional responsibilities and the legal profession is presented in this course. After several sessions covering basic materials, the course will focus on student papers and presentations about issues in the field that are of interest to the student-writers. The course will follow a graduate school model; all students will be expected to participate on a weekly basis, produce a series of writing assignments, and take responsibility for helping other students complete their papers in a thoughtful way. The course can substitute for the required Professional Responsibility course and satisfy the school's paper requirement.
TAX I (Shue)(Lilly)
3 credits
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. Required for upper-class students.
Upper Class Electives
ADMINISTRATIVE LAW (Law)
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
ADVANCED RESEARCH IN LAW AND POLITICAL SCIENCE (Law)
2 credits
In this course, we will read and discuss cutting-edge literature at the intersection of political science and law, in a seminar format. The goal of the course is to engage students in the critical evaluation of interdisciplinary research in the area of judicial politics. In lieu of an end-of-semester examination, participants will be required on a weekly basis to prepare written papers and oral presentations. This course is cross-listed at the graduate level in the Department of Political Science at UCSD, and some class meetings will be held at UCSD. Participants should be prepared for a heavy reading load appropriate to a graduate seminar. Prior knowledge of statistics or game theory is helpful, but not a prerequisite. Enrollment is by consent of instructor only. Those wishing to enroll must submit a brief statement of interest to davidlaw@sandiego.edu by 5 PM on Monday, August 21 and must attend the first day of class. Your statement should indicate, in 250 words or less, your year of study, relevant coursework or experience, and reasons for wishing to enroll. Those who are admitted to the class will be notified by Wednesday, August 23. This course does not satisfy the writing requirement.
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.
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, limited liability companies, and corporations, both closely held and publicly owned; securities law considerations in raising capital; corporate distributions; the sale and purchase of businesses; mergers and other forms of acquisition; and recapitalization, division, and dissolution of corporations. A research paper is required. Prerequisites: Tax I and Corporations.
CALIFORNIA CIVIL PROCEDURE (Heiser)
3 credits
This course is designed for upperclass law students who intend to practice law in California and therefore may wish to learn more about California civil procedure. The course will focus on the important caselaw doctrines, statutory rules, and policies which define civil litigation in the California courts with particular attention to those areas of California civil procedure that are 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; 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 for failure to prosecute, and judicial and contractual arbitration; right to jury trial, trial procedures, and post-trial motions; judgments, enforcement of judgments, and setting aside judgments; and appeals, extraordinary appellate writs, and administrative mandamus.
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 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. Class attendance is essential.
COMPARATIVE CORPORATE LAW SEMINAR (Dallas)
3 credits
This seminar explores the corporate law systems in the U.S., European Union, China and Japan. It includes coverage of the basic regulatory regimes, legal personality, federalization and harmonization of corporate law, and the regulation of the conduct of management. Students are required to complete a paper for this course. Prerequisite: Corporations or comparable course in foreign university.
COMPARATIVE ENVIRONMENTAL LAW AND REGULATION (McAllister)
2 credits
Environmental protection has become an important function of government in countries with distinctly different legal systems and political traditions. With a focus on Pacific Rim countries (including the United States, Latin America, and Asia), the course will use methods of comparative law and sociolegal studies to examine and explain variations in national environmental law and its outcomes. Students will be evaluated on the basis of a paper and class participation. This course is cross-listed at the graduate level in the School of International Relations and Pacific Studies (IR/PS) at UCSD, and it will meet on UCSD's campus once a week for ten weeks beginning the week of September 18, 2006 and ending the week of November 27, 2006. Enrollment is limited to 10 law students on a first-come, first-served basis.
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 (Smith, T.)
4 credits
This course examines the structure and the rights and obligations of directors, officers, and shareholders mainly under state corporations law. Other topics include partnerships and limited liability entities. The course covers, among other subjects, the characteristics of the corporation as distinct from other forms of business association, the special problems of the closely-held corporations (a corporation owned by a few persons), the fiduciary obligations of directors and controlling shareholders in closely-held and public corporations, procedures for decision making by directors and shareholders, shareholder voting rights, and certain federal securities law subjects, such as insider trading.
CORPORATIONS (Partnoy)
4 credits
This course examines the structure and the rights and obligations of directors, officers, and shareholders mainly under state corporations law. Other topics include partnerships and limited liability entities. The course covers, among other subjects, the characteristics of the corporation as distinct from other forms of business association, the special problems of the closely-held corporations (a corporation owned by a few persons), the fiduciary obligations of directors and controlling shareholders in closely-held and public corporations, procedures for decision making by directors and shareholders, shareholder voting rights, and certain federal securities law subjects, such as insider trading.
CORRECTIONS AND SENTENCING (Landon)
3 credits
Covers objectives of sentencing, plea and sentence bargaining, sentencing advocacy, sentencing alternatives, prisoner conditions, prisoners' rights, jail and prison litigation, probation and parole revocation, and extraordinary writs relating to corrections. A research paper will be required.
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 Units
Cyberspace Law has been characterized as the study of how information is regulated in a world linked by computer networks. The focus of this class, which will be conducted in a seminar format, will be on intellectual property, First Amendment, and privacy issues in cyberspace. There will be assigned readings for each class. Participants will be required to write a paper and either give an in-class presentation or conduct a class discussion related to the paper. There will be no final examination.
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.
EMPLOYMENT LAW (Lobel)
4 credits
This course offers students an overview of the important legal issues that are raised in the context of the employment relationship. We will discuss employment as a contractual agreement, including tort and statutory protections, such as wrongful discharge, wage and hour laws (FLSA), leave (e.g., FMLA), safety (OSHA and workers comp), unemployment insurance, discrimination (Title VII; ADA; ADEA), privacy and freedom of speech, and intellectual property issues such as R&D ownership, trade secrets and non-competition clauses. Throughout the course, student will be able to deepen their study of contract law, torts, and statutory and regulatory processes through the context of the law of the workplace.
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.
ENERGY LAW & POLICY
3 credits
The Energy Policy Initiatives Center (EPIC) is a nonprofit academic and research center of the University of San Diego School of Law that studies energy policy issues affecting the San Diego region and California. EPIC integrates research and analysis, law school study, and public education, and serves as a source of legal and policy expertise and information in the development of sustainable solutions that meet our future energy needs. EPIC is offering an Energy Law and Policy course for fall 2006. The three (3) credit course, which will focus on the electricity and natural gas industries, will be taught by an energy law expert. To provide context and background, the course will provide a brief overview of energy industry concepts and terms. Energy Law and Policy then will examine the history of and legal basis for regulation in the energy sector, including the federal statutory framework for energy sector regulation (e.g., PUHCA of 1935, PURPA of 1978, EPACT of 1992, EPACT of 2005) and influential case law affecting the energy sector ( e.g., Munn v. Illinois). Students will review the administrative law process, focusing on the California Public Utilities Commission (CPUC) and Federal Energy Regulatory Commission (FERC), including the rate setting process for energy utilities and major regulatory orders and decisions from FERC and CPUC that have shaped the industry. Students also will review recent and ongoing proceedings at the FERC and CPUC, including case studies on electricity deregulation in California, transmission, and renewable energy. Finally students will examine the current policy trends of the U.S. and California that likely will determine the future of regulation in the energy industry, including such topics as distributed generation, renewable energy, and climate change policies.
For more information, please contact Scott Anders, EPIC Director, at 619-260-4589 or scottanders@sandiego.edu
ENTERPRISE, PRODUCTS AND NO-FAULT LIABILITY (Ursin)
3 credits
For the past half-century, tort law has been one of the most dynamic areas of American law. Beginning in the 1960's, landmark judicial decisions, many from California, sparked a strict products liability "revolution" and a reshaping of the contours of negligence law. And in the 1970's a number of state legislatures enacted automobile no-fault plans supplanting "tort". This dynamism continues today with the American Law Institute's highly controversial Restatement (Third) of Torts and renewed initiatives for no-fault alternatives to tort (as well as the September 11th Victims' Compensation Fund). This course examines these developments from the perspective of the theoretical viewpoints and political forces that influenced the judicial decisions and legislative initiatives that have reshaped and continue to reshape American personal injury. Students who have previously taken Products Liability with Professor Ursin are NOT eligible to enroll in this course
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 UNION LAW (Folsom)
3 credits
Law, policy and procedures of the European Union, including growth of the EU common market and its jurisdiction, law-making, litigation, freedoms of movement, common economic and social policies, the EURO, external trade relations, human rights, and business competition law.
EVIDENCE (Devitt) (Dripps)
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.
FEDERAL TAX PROCEDURE (Crosby, Gidlund)
2 credits
A study of the administrative procedures with reference to the audit of tax returns; information-gathering; practice before the IRS; pre-litigation administrative procedures; U.S. Tax Court litigation and rules of practice; settlement procedures and trial strategies; tax refund litigation, including preparation of claims for refund, jurisdictional prerequisites, and strategies; preparation of ruling requests; offers in compromise; collection; penalties and interest; and criminal tax investigations. Prerequisites: Tax I 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).
FINANCE AND ACCOUNTING FOR LAWYERS (Brinig)
2 credits
Much of the practice of law relates to financial issues. This two-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.
THE INS AND OUTS OF U.S. TAX TREATIES (Rhoades)
2 credits
This course will review all aspects of tax treaties. We will discuss how treaties work; what treaties cover and do not cover; how treaties and the Code interact. The course will look at specific provisions that all treaties contain and compare how some treaties deal with those subjects compared to how other treaties deal with them. We will look at who the competent authority is and what function he/she fulfills. We will examine specific treaties throughout the course to understand how the two countries' negotiators dealt with individual subjects. Prerequisites: Tax I and at least one other advanced income Tax course. This is an advanced tax course with priority enrollment for LL.M. in Taxation students.
INTELLECTUAL PROPERTY SURVEY (McGowan, David)
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, the course covers the basics of trade secret, patent, copyright, and trademark law, and related doctrines such as the right of publicity. These topics are examined with a focus on new technologies, but a technological background is not expected or required. This survey course provides a foundation for advanced intellectual property courses, but it is also appropriate for students who seek only a general understanding of intellectual property law. The grade will be based on a final examination. 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 (Ramsey, M)
3 credits
This course provides an introduction to the legal aspects of private
international sales and investment transactions. Topics include sales
contracts, letters of credit, bills of lading, investment and
financing contracts, and resolution of private sales and investment
disputes. Regulatory aspects of international transactions, including
export licensing, regulatory jurisdiction, and the Foreign Corrupt
Practices Act, will also be considered. The focus will be
transactional, with attention to the structure of private
relationships and the anticipation and avoidance of litigation.
INTERNATIONAL CONTRACTS (Lazerow)
Legal aspects of contracts for the international sale of goods, including contract formation, choice of forum and choice of law, warranties, risk of loss, excuse, letters of credit and remedies.
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.
JUDICIAL LAWMAKING (Ursin)
3 credits
Judicial Lawmaking examines the lawmaking role of courts. Although the principal concern is the common law (torts), attention is also given to constitutional law - and the influence that constitutional law ( Lochner, Brown v. Board of Education, Roe v. Wade) developments have had on attitudes toward judicial lawmaking generally. A primary focus is the conception of judicial lawmaking embraced - and expressly articulated - by the great judges who have shaped, and continue to shape, American law: Chief Judge Lemuel Shaw, Justice Oliver Wendell Holmes, Justice Roger Traynor, and Judge Richard Posner. The views of these judges are placed in the context of the law and legal scholarship (tort, constitutional, and jurisprudential) of their respective eras. The materials thus span the formative era of American law (the Shaw era 1830-1860), the seminal Lochner era, the Traynor era, and conclude by examining the contemporary tort scene and the recent jurisprudential writings of Judge Posner.
JURISPRUDENCE (Brooks)
This seminar will focus on the structures of judicial decision making in Legal Formalism, Scalian Textualism, Legal Realism, Sociological Jurisprudence, and Legal Process, and Critical Theory (an amalgamation of Critical Race Theory, Critical Feminist Theory, LatCrit Theory, Asian Critical Theory, and other "outsider" theories). Students will be evaluated on the basis of a paper plus weekly oral and written classroom presentations. Class attendance is essential.
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 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 RELIGION (SMITH, S.)
3 credits
In this course we examine the religion clauses of the Constitution. We look at both Supreme Court decisions and various theories about the meaning of the clauses. Among other things, we ask what “religion” should be taken to include and whether a theory of religious freedom must be religious itself. Students will choose paper topics in consultation with the professor and then present and defend a draft in class at the end of the semester. A research paper is required.
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.
LAW AND THE BRAIN (Kolber)
3 credits
This course applies insights from cognitive science and neuroscience to questions of law and policy. We will discuss issues that have long vexed lawyers and judges related to the insanity defense and to the limitations of eyewitness testimony. We will also discuss cognitive biases in our preferences and decisions that arguably challenge the models of human behavior used by law and economics scholars. Lastly, we will explore emerging legal and ethical issues raised by advances in neuroscience, including new forms of brain imaging to detect lies and new pharmaceuticals that enhance memory and cognition beyond our natural abilities. Students will write an original research paper and present this research to the class at the end of the semester.
LAWYERING SKILLS II
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
LEGISLATION (Rappaport)
3 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.
MEDIATION SKILLS (C. Wiggins)
1 credit
Mediation is a process by which a trained and impartial third party helps others resolve a dispute. Lawyers use mediation extensively, both as advocates and as neutrals. This course consists of a twenty-four hour basic mediation skills training. Participants will learn to mediate a variety of disputes, using the methodology developed by San Diego's National Conflict Resolution Center. They will receive a certificate of participation upon their successful completion of the training.
The 2006 training will be held from September 29 through October 1 from 8:30-5:00pm. Participants must commit to attending each of the three all-day training sessions as a condition of enrollment. Completion of Mediation Skills is a prerequisite to selection for enrollment in the Mediation Internship. Enrollment is limited to 24 participants.
NAFTA (Folsom)
3 credits
This course provides an introduction to the law of the North American Free Trade Agreement, MERCOSUR, the proposed Free Trade Area of the Americas and other Western Hemisphere trade relations. Subjects to be addressed include trade in goods, cross-border services, intellectual property, investment, dispute settlement, and the treatment of labor and the environmental issues. Particular attention will also be paid to NAFTA investor/state arbitrations.
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.
PARTNERSHIP TAX
3 credits
This course considers the federal tax consequences of entity classification of partnership and limited liability companies; formation of a partnership; basis of partnership interests and assets; effect of liabilities on basis; allocation of income and deductions; partnership elections; continuation, merger, and termination of partnerships; family partnerships; sales and exchanges of partnership interests; liquidating and non-liquidating distributions; retiring partners; 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.
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.
REAL ESTATE TRANSACTIONS (Horning)
2 credits
This course covers the practical aspects of real property transactions, both residential and commercial. Topics include purchase & sale documents, escrows, title insurance, options, easements, deeds and title issues, leases, basic financing instruments, and remedies for real property disputes. The course builds on the broader conceptual concepts covered in the Property course, and examines the application of those concepts used by practitioners in advising their clients in transactions.
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 (Heriot)
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.
SECURITIES REGULATION (Prakash)
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. 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.
SPORTS LAW (Simon)
2 credits
This course will address the unique manner in which the business of sports and various bodies of law intersect. Topics will include player contracts, antitrust, labor law and unions, governance of professional sports leagues by Commissioners, agents and their regulation, governance of collegiate and other amateur sports by NCAA and others, and gender discrimination.
SUPREME COURT
2 credits
This course will consider the contemporary role, structure and procedures of the United States Supreme Court through an examination of selected cases currently pending before the Court. Students will investigate the views and outlook of the Court's current justices as to the Court's role generally and with respect to these particular cases. Substantial classroom discussion, an in-class presentation, and a paper reflecting significant independent research will be required.
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 (Bauman, 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) December graduates and 2) full-time students. This is an advanced tax course with priority enrollment for LL.M. in Taxation students.
TRADEMARKS SEMINAR (Horton)
3 credits
Trademarks Seminar surveys the topics relating to the law's recognition and regulation of proprietary interests in names, symbols, slogans, packages, and other indicia of source, character, quality, or reputation. Course components typically include the law of unfair competition; state, federal, and international mark registration systems; mark rights and licensing; trademark infringement; and the law relating to the invasion of reputational and publicity interests. Participants will prepare and present on three short research memos (5-6 pages) on topics pertaining to the course. No exam will be given. Written-work credit is not available. All students, including students who have previously completed a Trademarks or Intellectual Property survey course, are eligible to take this seminar. Enrollment, however, is limited to 25 students.
TRUSTS AND ESTATES: COMMUNITY PROPERTY (Wesley)
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: COMMUNITY PROPERTY
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.
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
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.
VIS INTERNATIONAL COMMERCIAL ARBITRATION CLASS (Snyder, A)
1 credit
This course is designed to provide students with perspective on the
procedural, substantive and practical aspects of international commercial
arbitration with special attention to those students who are interested in
the Vis competitions in 2007. The class will focus on the CISG, conflict or
laws, differences in sources of law between civil law and common law
countries, the conduct of commercial arbitration and the cultural
differences that affect the outcome of those disputes. All students will
have the opportunity to refine their written and oral advocacy skills by
preparing a brief and conducting a mock arbitration hearing in the fall.
Those students who participate in the Vis competition(s) will have
additional experience in written work and oral presentations. Class
enrollment will be limited to 24 students.
Clinics, Internships & Externships
Clinic classes offer a classroom component as well as interactions with clients. Clinic applications are available online, in the Registrar's office, and at the Legal Clinics offices at Alcala West (AW) Room 305. Prerequisites vary, so read the descriptions carefully. Enrollment is limited, and some clinics fill quickly. All courses require an interview with the professor and signed approval to enroll. For Clinic I classes, the grading scale is a 4-tier Pass/Fail. For Clinic II classes, professors have the option of using a 4-tier Pass/Fail or traditional numerical grade. Contact Jesi Betancourt, Clinic Coordinator, extension 260-7670, if you have any questions about the enrollment process.
Child Advocacy Clinic: Policy 1 (1-3 credits)
Child Advocacy Clinic: Policy 1I (1-3 credits)
Child Advocacy Clinic: Dependency I (4 credits)
Child Advocacy Clinic: Dependency II (1-4 credits)
As Arranged
Fellmeth, R.
Child Advocacy Clinic is available for students who are taking or have completed Child Rights and Remedies. Clinic student have two options:
- Students participating in the Dependency Section work with an assigned attorney from the San Diego Office of the Public Defender representing abused children in dependency court proceedings. Interns working in the Dependency Section must become certified by the State Bar, submit fingerprints for a background check, and have a valid California driver's license, current California auto registration, and current auto insurance. Dependency Section interns must clear their class schedules such that they have two full days per week to work at the Public Defender's Office. Also, students must have completed or be enrolled in Evidence and Civil Procedure (in addition to Child Rights and Remedies) in order to participate in the Dependency Section. Dependency Section interns meet as a group once a week for one hour to discuss their work and to review current issues in child advocacy. A Dependency I internship is worth four units; a Dependency II internship may be taken for 1-4 units.
- 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. A Policy Section internship may be taken for 1-3 units.
Students who wish to take either the Dependency or Policy component of Child Advocacy Clinic must submit a questionnaire and obtain a permission slip from Professor Robert Fellmeth or Elisa Weichel before preregistering for the course. Their offices are located in the CPIL/CAI offices (through the rear door of the Legal Research Center). Slots in the clinic are limited.
Civil Clinic I (4 credits)
Civil Clinic II (2-4 credits)
Students interview, counsel and represent clients in wide variety of cases (both judicial and administrative) under the supervision of a clinical professor and/or adjunct 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. Prerequisites: Civil Procedure, Evidence and either Practicum or Lawyering Skills II.
Criminal Clinic I (4 credits)
Criminal Clinic II (2-6 credits)
4 credits
A clinical course for students wishing to develop lawyering skills within the context of the criminal justice system. Students are placed with either a prosecution or defense trial agency. One two-hour meeting per week; provides simulations, lectures and discussions in the most common areas of criminal practice. Students also spend 14 hours per week at their placement. Prerequisites: Evidence, Lawyering Skills II, Criminal Law and Criminal Procedure. NO EXCEPTIONS, AND NO CONCURRENT ENROLLMENT. To enroll, all students must complete an application form during the posted period, obtain a placement and obtain the approval of the course instructor prior to enrollment. Enrollment is limited to 24 students for Criminal Clinic I. Students are graded on a 4-tier pass/fail basis.
Entrepreneurship Clinic I and II (2-3 credits)
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. No prerequisites.
Environmental Clinic I (4 credits)
Environmental Clinic II (1-5 credits)
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.
Immigration Clinic I and II (2-4 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. Note: This is a year-long clinic, with a possibility of 2-4 credits per semester. If accepted to this clinic, you are making a one-year commitment.
Land Use Clinic I and II (2-4 credits)
The Land Use Clinic provides students with the opportunity to become involved in land use and land development issues. Students maybe placed with a government agency, such as the San Diego City Attorney’s Office, or elect to work with private clients by assisting property owners through the permitting process and at discretionary review hearings. Students also meet with local community planning groups and negotiate with the city or other governmental agencies. Students represent private clients under the supervision of the Land Use Clinic director. The weekly two hour classroom component covers the basic statutory and regulatory framework of land use law and procedures. No prerequisites.
Mental Health Clinic I (2-4 credits)
Mental Health Clinic II (1-4 credits) The Mental Health Clinic is a fast paced, hands-on course supervised by the Director of the Patient Advocacy Program. Students develop their interviewing, negotiation, investigation and critical thinking skills in the context of statutorily mandated administrative hearings in psychiatric facilities and resolving patient rights complaints. Students may attend meetings regarding the administrative/regulatory aspects of behavioral health care. The weekly 1-1/2 hour class component includes lectures, guest speakers, case review and discussion. No prerequisites. Recommended: Law and Mental Disorder class.
PUBLIC INTEREST LAW CLINIC (1-3 credits)
As Arranged
Fellmeth, J.
Students who enjoy Public Interest Law and Practice frequently go on to take Public Interest Law Clinic, in which they may design their own writing or advocacy project related to regulatory or public interest law. In the past, these projects have included written critiques of agencies or agency programs; petitioning an agency to adopt regulations; drafting model legislation; participating in litigation to enforce the state's "sunshine statutes"; or submitting amicus curiae briefs on public interest issues pending appeal. Student critiques of publishable quality may satisfy USD's written work requirement. Students interested in Public Interest Law Clinic must secure a permission slip prior to pre-registration from Professor Julie D'Angelo Fellmeth at CPIL's offices.
Small Claims Clinic I and II (2-4 credits)
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. Students must also be available to participate in outreach presentations at various community locations and times. No Prerequisites.
Special Education Clinic I (2-4 credits)
Special Education Clinic II (1-5 credits) 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 where students argue the case with support from the Special Education supervising attorney. 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. No prerequisites. Recommended: Special Education and the Law.
Tax Clinic I
(4 credits)
This is a hands-on clinical course for students who wish to develop tax controversy skills. Students working under the supervision of the Tax Clinic supervising attorney will represent low income taxpayers in resolving their tax disputes with the IRS. Students will learn client interviewing skills, how to interact with the IRS personnel, and how to effectively resolve a client's federal tax dispute. Students also must also be available to participate in Tax Clinic Outreach presentations at various community locations and times. Prerequisite: Tax I. Note: The Tax Clinic has a separate application form.
Independent Research/Journals/Mock Trial/Moot Court
INTERNATIONAL LAW JOURNAL CASENOTE
1 credit
INTERNATIONAL LAW JOURNAL COMMENT
1-2 credits
JOURNAL OF CONTEMPORARY LEGAL ISSUES CASENOTE
1 credit
JOURNAL OF CONTEMPORARY LEGAL ISSUES COMMENT
1-2 credits
LAW REVIEW CASENOTE
1 credit
LAW REVIEW COMMENT
1-2 credits
LAW REVIEW BOARD
1-3 credits
MOCK TRIAL (Wharton)
1 credit
MOOT COURT (Devitt)
1 credit
MOOT COURT HONORS COMPETITION (Devitt)
0-1 credit
INDEPENDENT SUPERVISED RESEARCH 0 to 2 credits
After the student's first year of law school, the student may obtain between zero and two credits during any semester or summer for independent supervised research and writing. If a seminar is available within which the same project could be written, the project should be written in that seminar. Additional administrative rules apply - see Academic Rules (I.A.2.a. and e.).
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