Fall 2007 Course Descriptions

Last modified: March 28, 2008 12:15 PM

First Year Required

CIVIL PROCEDURE I

3 Units
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 first-year day-division students.

CRIMINAL LAW

4 credits
The purpose of criminal law, the development of the common law of crimes, the elements of the widely recognized criminal offenses, and the changes brought about by major statutes in connection with their effect on the present-day systems of criminal justice in the United States are explored in this course. Required for first-year students.

PROPERTY

4 credits
Consideration is given, in both a historical and modern sense, to the rights and obligations that arise out of the legal ownership of possessory and non-possessory interests, tangible, and to a limited extent, intangible, personal, and real property. Areas covered include estates in land, landlord-tenant, conveyancing, land development, public and private control of land use, non-possessory rights in land, bailments, lost and misplaced property, gifts, and an introduction to gratuitous transfers of realty. Required for first-year students.

TORTS

4 credits
An exploration of the principles involved in determining whether an injured person should be compensated for harm caused by another, including such diverse topics as intentional harms, negligence, and strict liability. Required for first-year students.

LAWYERING SKILLS I

2 credits
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. In addition, each student is trained on both the Westlaw and Lexis computer-assisted legal research systems. Students are also carefully trained in oral advocacy skills. After writing an appellate brief, each student delivers an oral argument based on the brief, first for the instructor and then before a panel of attorneys. Required for first-year students.

Upper Class Required

PROFESSIONAL RESPONSIBILITY (Zacharias) (McGowan, D)

3 credits
The roles of the lawyer in society and the obligations implied in those roles are examined. Topics include disciplinary standards and procedures, the history and organization of the legal profession; 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.

TAX I (Lilly, Winchester)

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.

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Upper Class Electives

ADMINISTRATIVE LAW (Rappaport)

4 credits
This course discusses the basic rules and principles governing federal administrative agencies. Subjects covered include the procedures governing administrative agencies, judicial review of administrative action, and presidential and congressional controls over agencies. The rules governing agencies are quite different from those that govern courts. Knowledge of these rules has become increasingly important, as many practitioners are now likely to spend more time dealing with administrative agencies than litigating in court.

ADVANCED BUSINESS PLANNING (Shaw)

2 credits
The course consists of a series of planning problems that arise in connection with the formation and operation of a corporation. Attention will be directed to the corporate law, securities law and tax law issues related to each event with emphasis placed on active class participation in problem solving and selection of alternative solutions. For each seminar meeting there will be ungraded homework assignments directed to issues raised with each problem.  The final examination will consist of a 72 hour take-home examination and problem. 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 LEGAL WRITING (Sperow)

1 credit
Advanced Legal Writing is a new one-unit course specifically designed to help students strengthen their fundamental legal writing skills. The class will help students master the skills needed to be a good legal writer, including: Selecting active and powerful word choices; Constructing paragraphs;Using proper grammar and punctuation; Creating a strong micro and macro legal structure; Developing thesis and conclusion sentences; Issue spotting;Extracting, formulating, and synthesizing rules of law;   Crafting explicit factual comparisons; and  Revising, editing and perfecting their work product. The class will also include workshops on “The Secrets of Successful Legal Writing Students” and “How to Ace Your Final & Bar Exam Essays.” Students will learn through lecture, in-class exercises, outside-class exercises, workshops, one-on-one TA and Professor sessions and practice. The class requires NO OUTSIDE RESEARCH. It will be graded HP, P, LP and F.  Students interested in taking this course need pre-approval from the professor.  

ANIMAL LAW (Henning)

2 credits
Animal Law is a survey of the wide range of laws pertaining to animals. Some of the topics to be discussed during the semester include how animals have been defined by courts and legislatures, interpretation and enforcement of federal and state animal welfare statutes, and liabilities connected with the guardianship/ownership of animals. We will also consider the ethical implications of using animals for experimentation and food. In addition to reading the materials and participating in class discussions, students will be required to write a substantial paper on an issue related to animal law.

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.

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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; prejudgment attachment and other provisional remedies; claim and issue preclusion; pleadings and motions; joinder of parties and claims, new party cross-complaints, equitable indemnity, and good faith settlements; the California Civil Discovery Act; summary judgments, default judgments, involuntary dismissals for failure to prosecute, the “fast track” system, 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. The course will also provide students with a brief summary of the federal or general position on each major topic covered as a basis of comparison and as a review of basic civil procedure.

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.

COMPLEX LITIGATION (Schulman)

3 credits
This course will offers in depth instruction in how class actions and other aggregate party lawsuits are litigated in federal courts. The course will cover the case law and practice skills involved in litigating cases under Rule 23, including three particular substantive areas of class action practice - mass torts, employment discrimination, and securities fraud. Prerequisite: Civil Procedure. Third-year students will be given preference.

CONSTITUTIONAL LAW II (McGowan, M.)

3 credits
This courses covers the Fourteenth Amendment's equal protection and due process clauses.  Specific topics include race discrimination (including school desegregation and affirmative action), gender discrimination, discrimination against gays and lesbians, voting rights, privacy (including abortion, sexual freedom, and the right to die), and property. A final exam is required. Prerequisite: Constitutional Law I.

CORPORATIONS (Dallas)

4 credits
This course 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 (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.

CRIMINAL PROCEDURE I (Strong)

3 credits
This course explores constitutional limitations upon the investigation of crime under the fourth, fifth, sixth and fourteenth amendments.  Its focus is on the law governing searches, seizures, and police interrogation.  Topics include the nature of a fourth amendment search; arrest and investigative detention; warrants and exceptions to the warrant requirement; confessions; and the application of the exclusionary rules.

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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.

EDUCATION LAW (Kemerer)

3 credits
This course examines the legal rights and responsibilities of administrators, teachers, parents, and students in public and private schools.  Some attention also is given to postsecondary education.  Using California as a point of reference, the course focuses on federal and state law constituting the legal framework within which education is delivered.  Through study of constitutional provisions, statutes, and judicial decisions, students review such topics as parent rights and responsibilities, school choice through charter schools and voucher programs, teacher and student rights, unions and collective bargaining, school finance issues, special education, personnel decision making, religion on campus, student discipline and due process, privacy rights, search and seizure, race and gender isolation and discrimination, and legal liability.  The broader public policy dimensions underlying both the development of education law and the operation of schools and colleges are addressed.  In addition to a course packet of edited cases and selected California statutes, students will read California School Law and its web-based updates coauthored by the instructor and published by Stanford University Press. Note: Students who enroll in this course will be particularly well prepared for Law and Politics of Educational Policy Development co-taught by the instructor during the Spring 2008 semester. This course encompasses field-based visits to the Bay Area and Sacramento to interact with key figures involved in state educational policy development.

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, discrimination, harassment and retaliation 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, with the goal of creating a level of familiarity and a body of practical knowledge for the new attorney seeking work as a litigator. Alternative dispute resolution techniques will also be analyzed. A law review quality research paper on labor/employment/litigation topic will be required. Prerequisite: Civil Procedure. Third-year day and fourth-year evening students will be given preference.

ENERGY LAW AND POLICY (Leslie/Liddell)

3 credits
Recognizing the importance of energy to the global economy and its role in global warming, Energy Law and Policy introduces students to the legal, regulatory, and economic concepts relevant to the changing electricity and natural gas industries in the U.S.  The course will examine the history of and legal basis for regulation in the energy sector, including influential cases (e.g., Munn v. Illinois) and the federal statutory framework for energy sector regulation (e.g., PUHCA of 1935, PURPA of 1978, EPACT of 1992, EPACT of 2005).  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 that have shaped the industry.  The course will trace the history of regulation in the electric and natural gas industries from early regulation to deregulation and discuss the current status of energy markets, including a detailed discussion of California’s energy crisis of 2000-2001.  The course will examine the connection between energy and climate change and the range of market-based solutions currently being considered at the state, regional, and federal levels in the U.S.  Students will also examine the role of distributed energy resources, including smart grid technologies, on-site solar energy technology, energy efficiency and demand response, in meeting future energy needs.  Participants will be required to make an in-class presentation on a topical energy issue and to take a final examination.
For more information, see the Energy Policy Initiatives Center website.                                                                                                                                              

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 should not enroll in Enterprise, Products and No-Fault Liability and Judicial Lawmaking in the same semester.

EUROPEAN LEGAL CULTURES (Legrand)

2 credits
This course begins with an exploration and critique of the field known as “comparative law”, with special reference to the assumptions informing the comparison of laws in an age of globalization.  By way of case-study, the course then focuses on French law (no knowledge of the language is assumed or necessary) and examines the way in which French judges, lawyers, and academics think about the law and about the role of law in society. In this regard, 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. Aspects of English, German, and Italian law are also addressed. Although reference is made to historical, philosophical, sociological, anthropological, and literary data, no prior acquaintance with interdisciplinary studies is expected or required.  This is a 5 week course that ends on September 27, 2007.

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. This is a paper course.

EVIDENCE (Devitt)  

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.

EVIDENCE ADVOCACY LABORATORY (Berend)

1 credit
Course is limited to 8 students, with priority to 3rd year students. This limited-enrollment course designed to familiarize students with the practical application of evidentiary points addressed in the traditional Evidence course. The class focuses on one or two areas in evidence each week. Using a problem format, each student is assigned a number from 1 to 4 for the semester. Each problem involves a proponent, opponent, witness and judge. Students are assigned a role in each problem by number, and are responsible for performing that role in class. Each student can expect to perform two problems each week. The students rotate roles each week. The obvious emphasis is to teach each area of evidence through performance. By the end of the semester, each student should be comfortably able to determine what it is he or she wished to accomplish in a courtroom with respect to specific evidentiary questions, and be able to structure the most logical, persuasive and trouble-free means to that end. Students are responsible for two written assignments. One is an in limine motion due midway through the semester. The other is a final trial brief which will be performed during the last week of class. Preference is given to students who will be in their third or fourth year at the time the course is offered.

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FAMILY LAW SEMINAR (Horton)

3 credits
Family Law Seminar, a limited-enrollment course that will survey family law in seminar style.  Course materials include the California Family Code and other readings prepared especially for the course.  For a grade, students will prepare three short research memos and present on them in class.  No exam, final or otherwise, will be given.  Written-work credit is not available.

FEDERAL TAX PROCEDURE (Gidlund/Crosby)

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
This survey course provides an introduction to the federal estate, gift, and generation-skipping transfer taxes, with attention to the treatment of various types of inter vivos and testamentary dispositions. 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.

GENDER AND THE LAW (Murr)

2 credits
This seminar critically explores the issues and theoretical debates relating to gender and the law.  Theoretical perspectives considered may include formal equality, substantive equality, dominance theory, different voice theory, autonomy, and anti-essentialism.  By examining the law's treatment of and impact on women through these varied theoretical perspectives, students will gain a critical appreciation of the relationships between gender and the law, and the extent to which the law ameliorates and perpetuates gender inequality and inequity.  A research paper is required.

INTELLECTUAL PROPERTY SURVERY (McGowan, D)

 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 ENVIRONMENTAL LAW (Vargas)

3 credits
The course is designed to analyze some of the major international environmental problems of interest to the United States. A wide variety of current and traditional transborder legal questions regarding international rivers, marine and air pollution, toxic waste and hazardous materials, endangered species, and nuclear radiation are discussed. Special emphasis is given to contemporary legal questions, including a special segment devoted to analyzing the bilateral environmental issues with Canada and Mexico. A research paper is required.

INTERNATIONAL FINANCE TECHNIQUES (Forry)

At the beginning of the course, students are assigned to teams.  Each team is provided with a brief case study proposing one of the finance techniques covered in the course.  In the final session of the course, each team makes a presentation covering the key elements and issues of the finance technique in its case study. Prerequisites: Corporate Finance is strongly suggested or another finance-oriented course.

INTERNATIONAL NEGOTIATION (Snyder, A)

3 credits
This course will include specific materials and skill-building exercises on cross-culture aspects of the bargaining process. Participants will include lawyers from other nations who are enrolled in USD's LLMC program, and upper class American JD students.

INTERVIEWING AND COUNSELING (Player)

3 credits
This course provides 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 readings, demonstrations and role-plays. The second- part focuses on the counseling dimension of lawyer-client relationships. In addition to classroom preparation and activities, students will interview actual clients in various locales, including the USD Legal Clinic, the San Diego County Law Library Clinic, and several senior citizen centers. Ethical issues unique to interviewing and counseling are emphasized.  Lawyering Skills II or Practicum is highly recommended, but not required. Enrollment is limited.  The course is graded on a 4-tier Pass-Fail basis.

INTRODUCTION TO UNITED STATES LAW (Devitt)

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. Students should not enroll in Judicial Lawmaking and Enterprise, Products and No-Fault Liability in the same semester.  This course has a paper/exam option.

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LAW AND MENTAL DISORDER (Morris)

3 credits
Students in this course explore the concept of mental disorder and societal response to the problem.  Included are such topics as psychiatric classification of mental disorder, the criteria and procedures for civil commitment and discharge of mental patients, mental health conservatorships, psychiatric treatment modalities, civil rights of mentally disordered individuals including the right to treatment and the right to refuse treatment, criminal process issues including:  mental competency to stand trial, the insanity defense, sexual violent predator legislation, and expert testimony on these issues.  Students taking this course will also have a clinical experience either representing a mentally disordered client in a civil commitment context, or examining and cross-examining a psychiatrist or psychologist in a mock trial situation involving a report prepared by that professional in an actual case.

LAW & POLITICAL PROCESS (Goldsmith)

2 credits
This class explores aspects of political science, legislative process and political law. At times, we will study court decisions. Other times, we will study the details of the legislative process. And, there are times when we will explore political instincts and political "thinking". As you will learn, the political world has its own language. So, in some repects, we will also be studying a foreign language. The course is broader than a standard class on legislation as we delve into such topics as state/local fiscal relationships and the "fiscalization of land use" decisions, direct democracy, voting rights and redistricting, lobbying, the legislative process and statutory interpretation.

LAW OF THE SEA (Vargas)

2 credits
Instruction concentrates on the origins and development of the legal regime applicable to the uses and resources of the oceans. Special consideration is given to the formulation and codification process of this dynamic branch of public international law, in particular the work and final outcome of the Third United Nations Conference on the Law of the Sea. Topics for analysis also will include fishing activities, maritime delimitation, pollution, marine scientific research, and U.S. policy regarding law of the sea matters. A research paper will be required.

LAWYERING SKILLS II (Hartwell)

3 credits
Students receive training in a variety of legal skills, including interviewing, counseling, negotiating, drafting memos, discovery, and trial advocacy. The course is specifically designed to follow-up on and expand the skills introduced to the student in Lawyering Skills I. The course methodology combines lectures, demonstrations and individual student performances in small groups with extensive critique and feedback by small group instructors who are experienced practitioners. The course culminates in a mock trial. Four-tier Pass/Fail grading. Prerequisite: Evidence 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.

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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 2007 training will be held from September 27 through September 30. Participants must commit to attending each of the 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.

The Fall Semester Mediation Skills course and the Spring Semester Mediation Internship are separate, though linked, course offerings.  Upon completion of the course, and beginning in early October, students will be eligible to participate in a program allowing them to mediate actual cases filed with the San Diego County Small Claims Court.  They can continue mediating these cases through Spring Semester, during which they can receive Internship credit.  Program administrators expect that those students who enroll in Mediation Skills will participate in the Small Claims Court mediation program.

Students interested in participating in this project should attend a short organizational meeting at Noon on Wednesday, April 18th in Room 3A.

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. This is a paper course.

NEGOTIATION (Relyea)

3 credits
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. 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.

NEGOTIATION (Smith, N)

3 credits
A simulation course offering advanced training in the theory and practice of negotiating. Simulated negotiations of increasing complexity are carried on outside the classroom. Students are introduced to contrasting negotiation contexts, such as family and criminal law practice. Students maintain a journal over the semester. Emphasis is placed on the unique ethical issues attending negotiations. Lawyering Skills II course is recommended. Enrollment is limited. The course is graded on a 4-tier Pass/Fail basis.

PARTNERSHIP TAX (Burke)

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 (Mossoff)

3 credits
This course surveys the fundamentals of patent law, and thus students will learn the basic legal rules and policies constituting this important field of intellectual property law. Subjects covered include what types of inventions or discoveries fall within the ambit of the Patent Act, including recent hot-button issues, such as computer software, biotechnology and business methods. The substance of the course will be spent studying the specific requirements for patentable subject matter, such as the utility, disclosure, enablement, novelty, and nonobviousness requirements, and the statutory bars of public use, sale and abandonment. We will conclude the course covering the basics of patent litigation, such as claim interpretation, the doctrine of equivalents, equitable defenses and remedies. Although patent cases often involve complicated scientific discoveries or technologies, the essential legal principles or policies rarely depend on understanding the underlying science or technology. Accordingly, students with non-technical backgrounds are encouraged to take this course, particularly given that intellectual property assets, such as patents, are increasingly important to commercial clients the world over.

PATENT LAW (Reisman/Morley)

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 session on April 12 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.

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REAL ESTATE TRANSACTIONS (Horning)

2 credits
This course covers the practical aspects of real property transactions, both residential and commercial. Topics include purchase & sale transactions, escrows, title insurance, options, deeds and title issues, leases, basic financing transactions, brokers and agents, and applicable documents.  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.

REMEDIES (Smith, S)

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 (Krause)

3 credits
The Securities Regulation class will include an overview of the capital markets and the underwriting process, the structure and prohibitions of the Securities Act, the registration process, the definitions of "security" and "exempted securities", the private and limited offering exemptions, offerings by underwriters, affiliates and dealers, civil liability under the Securities Act, fraud in connection with a purchase or sale of a Security, and general civil liability provisions. Corporations must be taken prior to or concurrently with this course.

SEPARATION OF POWERS (Ramsey, M)

1 credit
This course explores the idea of separation of powers as a strategy of checking governmental power.  The principal focus will be the separation of powers provisions of the U.S. Constitution, both as they were understood by its framers and as they have been developed by the U.S. Supreme Court.  Some attention will be given to alternative approaches reflected in other constitutional systems.  Specific topics may include the scope and limits of executive power, including the idea of the unitary executive and the doctrine of executive privilege; procedural and substantive restrictions on the powers of legislatures; appointment and removal powers, the development of independent agencies and the independent prosecutor; and the role of courts as developed through doctrines such as justiciability and standing.  There will be two additional 2-hour class meetings, led by United States Supreme Court Associate Justice Antonin Scalia, to be held on Tuesday, September 4th and Friday, September 7th from 9:00-10:50am. Students will be permitted to register for this class as long as this class does not conflict with any other Friday classes.    

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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 INTERNATIONAL FINANCE (Forry)

TAXATION OF PROPERTY TRANSACTIONS (Jelsma)

2 credits
This course examines practical planning opportunities involving closed sales, open sales, deferred payment reporting, installment sales elections, imputed interest, cost recovery reporting, two-way and three-way real estate exchanges, all-inclusive trust deeds, subordinated financing, midpoint refinancing, and negative basis. Considerable emphasis is placed on understanding interest concepts such as mortgage annual constant percentages, lump sum and annuity present value analysis, and real rate of return (after inflation) analysis. Prerequisites: JD students must have taken Tax I prior to enrollment in this course. Co-requisites: LLM students - Tax I is required, but you may take it concurrently with this course. This is an advanced tax course with priority enrollment for LL.M. in Taxation students.

TAX RESEARCH AND COMMUNICATIONS (Keiser)

3 credits
This course involves an intensive examination of federal tax research techniques, including locating and evaluating legislative history, administrative authorities, and judicial decisions with attention to comparative weights and relationships among various authorities. Students are required to conduct various research and validation tasks, and to prepare complex tax documents, such as, ruling requests, protests, opinion letters, memoranda of law, and Tax Court petitions. 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.

TAX RESEARCH AND COMMUNICATIONS (Bauman)

3 credits
This course involves an intensive examination of federal tax research techniques, including an evaluation of legislative history and administrative authorities. Students are required to research and prepare complex tax documents such as protests, opinion letters, memoranda of law, and Tax Court petitions. The course may not be counted toward the LL.M. if the candidate elects to write a thesis. Enrollment is limited to 12 students (no J.D.s) with priority to 1) December graduates and 2) full-time students. This is an advanced tax course with priority enrollment for LL.M. in Taxation students.

TOPICS IN LAW AND ECONOMICS (White)

1 credit
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? It is strongly recommended that students have some background in economics (preferably microeconomics), and they should review a basic economics textbook before the course starts.

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 (Wesley)

2 credits
In this course the non-tax aspects of estate planning are integrated, combining wills, trusts, future interests, and community property. Methods of family wealth transfer in both community property and non-community property jurisdictions are considered, including: inter vivos gifts, wills, trusts, intestate succession and will substitutes. Fiduciary administration; class gifts; powers of appointment; the rule against perpetuities; charitable trusts; classification, control and management of community property; and the distribution of property on dissolution of the community are studied.

TRUSTS AND ESTATES: WILLS & TRUSTS (McCouch)

4 credits
This survey course provides an introduction to non-tax aspects of estate planning and the law of gratuitous transfers, including inter vivos gifts, intestate succession, wills, will substitutes, trusts, fiduciary administration, and future interests.

TRUSTS AND ESTATES: WILLS & TRUSTS (Lilly)

3 credits
This survey course provides an introduction to non-tax aspects of estate planning and the law of gratuitous transfers, including inter vivos gifts, intestate succession, wills, will substitutes, trusts, fiduciary administration, and future interests.

UNIFORM COMMERCIAL CODE: SALES (Lawrence)

3 credits
The course on sales of goods addresses the provisions of Article 2 of the U.C.C., with some comparisons with the new Article 2A on leases of goods. The primary topics include contract formation and enforceability, terms of the contract, risk of loss, warranties, performance and breach, remedies for breach, and transfer of goods. A problem-solving approach is used extensively.

UNIFORM COMMERCIAL CODE: SECURED TRANSACTIONS (Lawrence)

3 credits
This course deals with the creation, perfection, enforcement, and priorities of security interest in personal property, including goods, "paper" collateral, and intangibles such as accounts, in both commercial and consumer settings. The treatment of security interests in bankruptcy, and in priority contexts with various non-Article 9 interests, is also examined.

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.

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Clinics, Interships & 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 Barcelona (BA) Room 305. Prerequisites vary, so read the descriptions carefully. Students are limited to taking only one clinic at a time. This allows us to offer the program to as many students as possible.  All courses require an interview with the professor and signed approval to enroll. Please check the law school class schedule for information on units, times and location of clinic classes.  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 a lettergrade. Contact Jesi Betancourt, Paralegal, 619-260-7670, if you have any questions about the enrollment process. Enrollment is limited, and some clinics fill quickly.

Child Advocacy Clinic: Policy I

(1-3 credits)

Child Advocacy Clinic: Policy II

(1-3 credits)

Child Advocacy Clinic: Dependency I

(4 credits)

Child Advocacy Clinic: Dependency II

(1-4 credits)

Child Advocacy Clinic: Delinquency I

(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 Delinquency Section work with an assigned attorney from the San Diego Office of the Public Defender representing juveniles in delinquency court proceedings. Interns working in the Delinquency 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. Delinquency 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 Delinquency Section. Delinquency Section interns meet as group once a week for one hour to discuss their work and to review current issues in child advocacy.
• 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. For more information, please attend our orientation session on Thursday, April 12 or contact CAI staff. 

Civil Clinic I (Player/Gruber)

3-4 credits

Civil Clinic II: (Player/Gruber)

2-4 credits
Students interview, counsel and represent clients in actual civil cases under the supervision of a clinical professor/attorney through our in-house clinic law office. Weekly group meetings are combined with individual case conferences to provide intensive personal training in client relations, legal problem-solving, case management, and preparation and presentation of cases in court. Students are also exposed to common issues in practice, procedure and professional ethics.  The Civil Clinic I course is graded on a four-tier Pass-Fail basis; Civil Clinic II uses the standard Law School grading system.  Prerequisites are Civil Procedure, Evidence and either Lawyering Skills II or Practicum.  Enrollment is limited and approval of the instructor is required prior to registration.

Criminal Clinic I (Ramirez)

4 credits

Criminal Clinic II

2-6 credits
This is a clinical course that places students with a prosecuting or defending trial agency in the criminal justice system.  Criminal Clinic I has a two-hour per week classroom component that provides simulations, lectures and discussions in the most common areas of criminal practice.  Prerequisites: Evidence, Criminal Law, Criminal Procedure I and Lawyering Skills II. Recommended but not required: Criminal Procedure II.  Important note:  Criminal Clinic registration deadline is March 26th.  Please contact Professor Ramirez for information on deadlines and additional registration materials.

Entrepreneurship Clinic I and II (Matias)

2-4 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.

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Environmental Clinic I (Wharton)

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 and Immigration Clinic II (Bejar)

2-4 credits
Students gain practical experience through interviewing, counseling, and representing clients with immigration-related problems. Students complete forms and draft documents on behalf of clients.  Students also attend and/or participate at hearings at Immigration Court. Weekly meetings are held with the clinic supervisor to discuss immigration law and practical application and casework. Note:  Immigration Clinic is a year-long clinic.  Immigration Clinic II is a semester long course for returning students only.

Land Use Clinic I and II (Quinn)

2-4 credits
The Land Use Clinic provides students with the opportunity to become involved in land use and land development issues. Students are placed with government agencies, elected officials or attorneys in private practice.  The majority of the placements are with the City of San Diego and include the City Attorney’s Office, The Mayor’s Office, and the City Council Offices. Students work under the supervision of an attorney. Student work usually focuses on local issues including the procedures for siting cell phone towers, the regulation of adult entertainment and cardrooms, reviewing environmental documents, attending community meetings and issues involving affordable housing. The weekly two-hour classroom component covers the basic statutory and regulatory framework of land use law and procedures.  In addition to the class students are required to attend one local community planning group meeting. No prerequisites.

Mental Health Clinic I and II (Lynch)

2-4 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.  Students may also assist in patient rights complaints and attend meetings on the administrative or 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 (Fellmeth, J.)

(1-3 credits)
As Arranged
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 (Simone)

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 (Dalton)

Special Education Clinic II

2-4 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 due process hearings, where students argue the case with support from the 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 (Carpenter)

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

Agency Internship (Alan Alvord)

1-3 credits
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. The work must be civil (not 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 semester, 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.

Judicial Internship (Paul Horton)

1-6 credits.
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. Prerequisites: preferred: 1L curriculum and Criminal Procedure.

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Independent Research/Journals/Mock Trial/Moot Court

INTERNATIONAL LAW JOURNAL CASENOTE

INTERNATIONAL LAW JOURNAL COMMENT

JOURNAL OF CONTEMPORARY LEGAL ISSUES CASENOTE

JOURNAL OF CONTEMPORARY LEGAL ISSUES COMMENT

LAW REVIEW CASENOTE

LAW REVIEW COMMENT

LAW REVIEW BOARD

MOCK TRIAL (Wharton)

INDEPENDENT SUPERVISED RESEARCH