FIRST YEAR REQUIRED
CIVIL PROCEDURE II
3 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.
CONSTITUTIONAL LAW I
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 various limitations imposed on the exercise of governmental power, with emphasis on the due process clauses and on freedoms of speech, press, and religion and the Bill of Rights are addressed in this course.
CONTRACTS
4 credits
An introduction to legal reasoning and analytical skills through an investigation of how the law enforces agreements. Included are such topics as: the requirements for the formation of a contract; problems of interpretation; damages for breach; the statute of frauds; illegality; and problems which arise during the performance stage of a contract, such as the creation and failure of express and implied conditions, excuse through impossibility or frustration of purpose, and discharge. Article II of the Uniform Commercial Code is introduced and compared with the common law of contracts. Required for first-year 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.
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.
Upper Class Required
CIVIL PROCEDURE II
3 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.
PROFESSIONAL RESPONSIBILITY (Zacharias, Murr)
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.
TAX I (Burke, Snyder, L)
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
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 CORPORATE TAX PROBLEMS (Shaw)
2 credits
A series of planning and structural problems involving advanced issues in corporate taxation will be discussed. The topics to be covered include advanced corporate asset disposition and distribution problems; redemptions; stock transfers and dividends; collapsible corporations; accumulated earnings tax; personal holding companies and S corporations. Prerequisite: Tax II (Corporate Tax). This is an advanced tax course with priority enrollment for LL.M. in Taxation students.
ADVANCED TRIAL ADVOCACY
3 credits
A course combining one hour per week of demonstrations and lecture with a two hour per week workshop involving critique of individual student performances in a number of the more difficult areas of trial practice. Students are videotaped throughout the semester with feedback from instructors, practitioners and peers. In additions to the weekly problems, students perform at least one practice trial and a final trial. This is an intensive course designed to focus on individual presentation skills. Prerequisites: Lawyering Skills II and Evidence. Enrollment is limited. Students are graded by the standard letter grading system.
ANTITRUST
3 credits
This course presents an overview of antitrust law and competition policy, including historical, political and economic background and development of statutes and case law, collusion and cartels, price fixing, market allocation, group boycotts, monopoly, predatory pricing, oligopoly, price leadership, resale price maintenance, tying, exclusive dealing, discriminatory pricing, horizontal mergers, joint ventures, trade associations, intellectual property and antitrust, California antitrust law and exemptions and immunities. Practical litigation and counseling subjects will also be included.
LL.M. in Comparative Law students should have completed U.S. Law and Lawyering Skills. Suggest some academic or practical experience in business or economics, civil procedure and evidence.
Reading assignments can be heavy due to the class schedule and subject matter. Students are required to complete 3 ungraded drafting assignments; each of which should take less than 1 hour.
BANKRUPTCY (Giacinti)
3 credits
This course will provide an examination of the liquidation and reorganization cases under the Bankruptcy Code, and the effects of bankruptcy on non-bankruptcy debtor-creditor law and pre-bankruptcy transactions. The objective of this course is to give students a working familiarity with the Code and associated rules, cases and folklore; an understanding of the policies reflected in and relevant to bankruptcy law; and an appreciation of the bankruptcy practice. There are no course prerequisites. However, the scheduling of the course on Article 9 Secured Transactions and/or the Creditors Remedies course before, or along with, the Bankruptcy course, while not required, is suggested.
BIOETHICS AND THE LAW (Kolber)
3 credits
This course explores legal and ethical issues associated with life and death decision-making. In the past, we have covered such topics as euthanasia, assisted suicide, organ donation, reproductive rights, informed consent, and human and animal medical experimentation. This class will lay a foundation in moral theory and will raise, as a running theme, questions about the interrelationship between law and ethics. Sources will be drawn from groundbreaking legal cases as well as secondary sources in law and moral philosophy. Students will write an original research paper and present this research to the class at the end of the semester.
BUSINESS IMMIGRATION LAW
2 credits
The objective of this course will be to focus on the business immigration issues and concepts. The course will be taught from a practitioner's standpoint using a case study teaching method with a goal of teaching the students how to spot, address and solve clients' immigration issues. The course will also address policy issues governing the movement of people and employees internationally.
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. Priority for this course will be given to graduating students.
BUSINESS TRANSACTIONS IN THE PEOPLE'S REPUBLIC OF CHINA (Forry)
1 credit
This course focuses first on the business climate and forms of business enterprise in the PRC. Subsequent segments address PRC legal requirements, taxation and financial reporting rules affecting foreign investors. One unit addresses PRC merger and acquisition trends and tax planning. The final segment illustrates planning in light of US and other rules in foreign investors' home countries. A brief written exam in the final class will focus on a hypothetical foreign investment in the PRC. ***Class will meet Feb 26; March 19 & 21; April 23 & 25, 2007.
COMPARATIVE CONSTITUTIONAL LAW (Claus)
3 credits
This course considers how sophisticated political systems limit and channel the exercise of governmental power. We do this primarily by taking the great issues of American constitutional law and asking how those issues are treated elsewhere. The course is open to all upper-class students, and may be taken concurrent with Constitutional Law.
COMPLEX LITIGATION (Schulman)
2 credits
This seminar will focus on class actions and other private multi-party civil litigation. The course will examine the procedural and constitutional issues associated with attempts to resolve mass party disputes on an aggregate basis. The seminar will cover the phases of litigating a class action, including pleading, joinder, venue, class certification, notice, settlement, and trial. Prerequisite: Civil Procedure. Third-year students will be given preference.
CONFLICTS OF LAW (SMITH, S)
3 credits
This course examines laws applicable to cases that involve interstate and international elements. The central focus of the course is choice of law: what law applies to a dispute that involves parties or transactions from different states or nations. Other topics include recognition of foreign judgments, jurisdiction, and the full faith and credit clause of the United States Constitution.
CONSTITUTION AND THE INTERNET (McKeown)
1 credit
This course will focus on the constitutional implications of the Internet. The course will explore national and international jurisdiction, speech in cyberspace, pornography, privacy, copyright, and other selected topics. Course materials will include recent landmark cases and law review articles. No textbook will be used. A short research paper is required. Constitutional Law I is a prerequisite.
CONSTITUTIONAL LAW II
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.
CONSUMER LAW (Lobel)
3 credits
A dynamic and exciting set of legal issues that pertain to business strategies, commercial transactions, and consumerism. Some of the issues that we will be discussing: e-commerce, identity theft, Unsolicited commercial e-mail (SPAM), data-mining, Computer Fraud and Abuse Act and the Uniform Computer Information Transanctions Act and other aspects of consumer privacy; credit/debt, warranties, predatory lending, price discrimination, lemon laws, false advertisements, unfair business practices, such bait-and-switch, non-binding estimates, adhesion and arbitration clauses; current developments in product liability, class actions, and political consumerism. The course will weave legal doctrine learning with inquiries on law and economics, business strategies and managerial theories, and the growing body of insights from experimental psychology on consumer behavior. Our study of the statutes, regulations and case law will inform the students on the key challenge of modern consumer law: how to balance consumer protection interests against the burdens they may place on the operation of a free market economy. Through this exploration, students will deepen their knowledge and analytical skills of contract, torts and regulatory laws.
CONTEMPORARY WATER LAW ISSUES (Minan)
This three-hour seminar on contemporary water issues is intended to introduce students to the major legal doctrines and contemporary issues affecting water supply, water quality, and water use. Although the principle focus is on California water law, the role of federal law is also examined. A research paper is required in lieu of an examination. Students are expected to select a topic of interest to them, to develop a focused expertise by writing on that topic, and to present their analysis to the class at the end of the semester. Students wishing to preview the substantive materials to the seminar should go to http://www.sandiego.edu/~jminan and click on the water law link. The class has a limited enrollment of 15 students.
COPYRIGHT LAW (Henning)
3 Units
This course surveys the law relating to rights in expressive works. We will study what copyright covers – such as books, movies, musical recordings, and software – and distinguish copyright from other forms of intellectual property, such as trademark and patent. We will focus on the exclusive rights granted in copyrightable works, rules governing the transfer of those rights, what acts infringe those rights, what remedies the law provides for infringement, and what limitations the law places on those rights, such as the fair use doctrine. We will discuss some topics of current interest, such as the rules governing the copying and distribution of music over peer-to-peer networks, digital rights management, and open-source software development.
CORPORATE FINANCE (Partnoy)
3 credits
This course covers the core concepts of finance as they relate to the study and practice of law. Topics include financial statement analysis, capital budgeting, valuation of stocks and bonds, risk management, portfolio theory, derivatives, and corporate financial management. The course includes quantitative concepts and exercises.
Prerequisite: Corporations. Each student is required to purchase and use a financial calculator.
CORPORATE REORGANIZATION
2 credits
This course considers the tax treatment of corporations and shareholders in corporate acquisitive reorganizations, single corporation reorganizations and corporate divisions, including carryovers. Tax II is recommended but not required. Prerequisite: Tax I. This is an advanced tax course with priority enrollment for LL.M. in Taxation students.
CORPORATIONS
(Dallas, Freidman)
4 credits
This course examines the structure and the rights and obligations of directors, officers, and shareholders mainly under state corporations law. Other topics include partnerships and limited liability entities. The course covers, among other subjects, the characteristics of the corporation as distinct from other forms of business association, the special problems of the closely-held corporations (a corporation owned by a few persons), the fiduciary obligations of directors and controlling shareholders in closely-held and public corporations, procedures for decision making by directors and shareholders, shareholder voting rights, and certain federal securities law subjects, such as insider trading.
CRIMINAL PROCEDURE I (Kamisar)
3 credits
This course deals with pre-trial matters, as affected by the fourth, fifth, and sixth amendments. Coverage will include arrest, search and seizure, right to counsel, electronic surveillance, police interrogation and confession, and the exclusionary rules.
CRIMINAL PROCEDURE II (Huffman)
3 credits
In this advanced criminal procedure class, students will continue the study commenced in Criminal Procedure I, focusing on the processing of a criminal defendant through the criminal justice system. The course will address a number of issues regularly presented in criminal cases, including the charging process, the right to a speedy trial, criminal discovery and disclosure, the right to jury trial, the right to effective assistance of counsel, the right to confrontation and the exercise of the privilege against self incrimination at trial. In addition the course will include discussions of the principles of the right against double jeopardy, and post conviction remedies such as direct appeal and petitions for habeas corpus. The purpose of the course is to develop an understanding of the basic structure of the criminal process in a federal system of government as well as the basic principles underlying the constitutional and procedural protections of the criminal justice system. Students will be permitted to choose to submit a paper or to take a final examination for the course grade.
Prerequisites: Criminal Law and Criminal Procedure I.
DEALS
This course will focus on the role of lawyers in a variety of corporate transactions. It is designed for students interested in practicing corporate or securities law or in careers in business. Among the types of deals typically covered are stock options and equity compensation agreements, venture capital financing, initial public offerings, and mergers and acquisitions. We also cover several specialized deals, which in the past have included securitizations, international trade financing, spinoffs, and the issuance of tracking stock. Students will complete an individual assignment, which involves the creation and editing of documents for a deal on a real-time basis. Students also will form teams to write papers and give presentations on a particular deal. Prerequisites: Corporations.
EMPLOYMENT DISCRIMINATION (McGowan, M.)
3 credits
This general survey course of employment discrimination laws will focus on primarily the federal anti-discrimination laws prohibiting employment discrimination based on race, sex, pregnancy, national origin, age, sexual orientation. (We will also discuss the California Fair Employment and Housing Act's protections when they diverge from federal law. The Americans with Disabilities Act will not be a primary area of study.) This course gives students an opportunity to think about the meaning and practice of discrimination, to analyze various anti-discrimination approaches, and to learn to think creatively and flexibly when working on problems within this complex, evolving field of law. Students will learn to strategize about bringing and defending employment discrimination suits and, perhaps even more importantly, about helping clients develop policies and practices that foster discrimination-free workplaces and resolve workplace issues before they develop into lawsuits.
ENVIRONMENTAL LAW (Reed)
3 credits
This survey course addresses the principles that govern federal environmental law, including the respective roles of the courts, state and federal agencies, and citizen groups. Environmental statues covered include: The National Environmental Policy Act, Endangered Species Act, Clear Air Act, Clean Water Act, Resource Conservation and Recovery Act and Comprehensive Environmental Response, Compensation and Liability Act (Superfund).
ENVIRONMENTAL LAW SEMINAR (Richardson/Ziparo)
3 credits
This course will cover major federal legislative initiatives in the environmental field, including the Clean Air Act, the Clean Water Act, the Resource Conservation and Recovery Act, and the Comprehensive Environmental Response, Compensation and Liability Act (“Superfund”). We will analyze the constitutional underpinnings of these statutes and explore related issues including citizen suit provisions and the roles and relationships of federal, state, and local governments in the enactment and enforcement of environmental legislation. The course touches briefly on environmental rulemaking and multi-venue litigation addressing the relationship between federal statutes and state common law, as well as environmental insurance issues. No prerequisites necessary, final examination only. Course will be taught on select Saturdays to be announced at first class meeting.
ERISA & EMPLOYEE BENEFIT PLANS (Wolds)
2 credits
This course will consider Title I of the Employee Retirement Income Security Act of 1974, as amended, and its implications for employee benefit plan administration and litigation. Attention will be devoted to fiduciary conduct, investment management concerns, reporting and disclosure rules, federal preemption of state laws, and employees benefit claim and fiduciary litigation. Tax I is a prequisite. LL.M. in Taxation students may take Tax I concurrently. This is an advanced tax course with priority enrollment for LL.M. in Taxation students.
ESTATE PLANNING (Lilly)
3 credits
The study of estate planning brings together in a practical, planning-oriented approach the knowledge gained from many courses to assist prospective lawyers in advising their clients how to arrange the most effective disposition of their capital and income. The income taxation of trusts and estates, the revocable trust, and the marital deduction are reviewed in detail. Differences between planning with separate property and community property are considered. This course is tax intensive and intended for students with a strong interest in tax law.
Prerequisites: Tax I (Basic Federal Tax), Taxation of Wealth Transfers, and T&E: Wills & Trusts. This is an advanced tax course with priority enrollment for LL.M. in Taxation students.
EVIDENCE
(Devitt, Ramirez)
4 credits
This course is about how facts can and must be proved in courts of law. The course gives a lot of attention to the Federal Rules of Evidence. Among the specific topics are: relevancy, circumstantial evidence, and unfair prejudice; "real" evidence; documents; scientific evidence. Much of the course is about the laws governing witnesses, including: competency, privileges, the law of examination and cross-examination, impeachment and reinforcement, expert and lay opinion testimony. The course also deals with the hearsay rule and its many wonderful exceptions. Taught in one semester
FAMILY LAW (Horton)
3 credits
This open-enrollment course surveys the constitutional and legislative doctrine and the adjudication frameworks related to traditional family-law topics: marriage and divorce; marital property regimes; parent and child, including child custody, termination of parental rights, and adoption; family support rights; and rights of children. The course will be organized generally in relation to the California Family Code. The informational component of the course is important, and the course will feature weekly short in-class exams testing on the week's assignment; no final exam will be offered.
FEDERAL COURTS (Law, David)
4 credits
This course is best described as advanced constitutional law focusing on the power of the federal courts, particularly with respect to the states and the other branches of the federal government. It is essential for anyone planning to clerk for a federal judge, or to perform public interest work in a variety of areas involving constitutional claims or governmental litigants. In practical terms, the materials concern who may bring suit in federal court, against whom, and under what circumstances. Specific topics include interpretation of Article III, justiciability (including standing and the "political question" doctrine), congressional power over the jurisdiction of the federal courts (including the extent to which civil rights suits and "enemy combatants" may be excluded from federal court), the immunities from suit enjoyed by state governments and public officials (such as police officers), and habeas corpus. Those interested may peruse Hart & Wechsler's The Federal Courts and the Federal System for a further indication of course content. Prior completion of, or concurrent enrollment in, Constitutional Law II is very strongly advised. The course materials assume a working knowledge of due process, equal protection, and state actor doctrine.
FEDERAL CRIMES (Rice)
2 credits
This course will focus on the unique characteristics of Federal Criminal law. Attention will be paid to the jurisdiction of the Federal Government over criminal law as well as the individual statutes that are employed by Federal prosecutors in prosecuting a wide range of offenses. Federal prosecutions will be considered from the investigative stage, including the use of the grand jury, through the charging, plea-bargaining, trial, sentencing and appellate stages. Special consideration will be given to the increasing role of the Federal Government in prosecuting state and local corruption. This course will be especially beneficial for those students considering a career in criminal law as either prosecutors or criminal defense lawyers.
INCOME TAXATION OF TRUSTS AND ESTATES (Harris)
3 credits
The federal income taxation of trusts, estates, and their beneficiaries; distributable net income; distribution deductions for simple and complex trusts and estates; grantor trusts; income in respect of a decedent; and throwback rules. Prerequisites: Both Tax I and T&E: Wills & Trusts. This is an advanced tax course with priority enrollment for LL.M. in Taxation students.
INTELLECTUAL PROPERTY SEMINAR: CURRENT ISSUES IN INTELLECTUAL PROPERTY (Ramsey, L.)
2 credits
This advanced seminar is intended for students interested in cutting-edge intellectual property law. We will discuss pending intellectual property cases and proposed legislation and explore currently unresolved issues in the law of copyrights, patents, and trademarks. Students are required to write a research paper and present that paper to the class during the second half of the semester. The grade will be based on the paper, presentation, and class participation; there is no final examination. Prerequisite: Completion of an intellectual property survey course or at least one other intellectual property course (copyright, patent, or trademark), or the consent of the instructor. Enrollment limit: 15 students.
INTERNATIONAL ARBITRATION (Speidel)
2 credits
This is an introduction to arbitration in general and international arbitration in particular. The course will be taught from the perspective of a lawyer with international clients who practices (or hopes to practice) in California . That lawyer will need to know about: (1) the advantages and disadvantages of arbitration, (2) the legal framework for domestic and international arbitration, (3) the drafting and enforceability of the agreement to arbitrate, (4) choice of administering institution and the arbitration rules, (5) selection of the arbitration panel, (6) conduct of the arbitration hearing, and (7) enforceability of the final arbitration award. The course materials will be a recent casebook on "International Commercial Arbitration" and a statutory supplement.
INTERNATIONAL CIVIL LITIGATION (Heiser)
2 Credits
International Civil Litigation will deal with a variety of issues which arise in international litigation in courts of the United States . Likely to be included are Judicial jurisdiction; service of process abroad; forum selection; taking evidence abroad; Foreign Sovereign Immunities Act of 1976; subject matter and legislative jurisdiction; the Act of State Doctrine; recognition and enforcement of foreign judgments; and international arbitration.
Prerequisite: Civil Procedure.
INTERNATIONAL ENVIRONMENTAL LAW SEMINAR (Stewart)
1 Credit
This research seminar will examine the role of law in addressing global environmental problems, such as stratospheric ozone depletion, ocean fisheries, biodiversity loss, and climate change. Consideration will be given to economic issues, including international competitiveness, scientific uncertainty, and arrangements for global environmental governance.
INTERNATIONAL ESTATE PLANNING AND GIFT ISSUES
1 credit (Rhoades)
The International Estate Planning and Gift Issues class is a one unit class that will concentrate on the international aspects of estate and gift planning for nonresident aliens. The class will cover a number of issues, some of which will be:
- The difference between residence and domicile.
- The types of property that are subject to U.S. gift tax when gifted by an NRA.
- Deductions and exclusions available to NRAs.
- Expatriation rules in the estate and gift tax context.
- The types of property included in an NRA's estate for U.S. estate tax purposes.
- Deductions and credits available to an NRA's estate.
- How the estate and gift taxes are calculated.
- Estate tax treaties.
Prerequisite: Estate planning.
INTERNATIONAL HUMAN RIGHTS (Vargas)
2 credits
The course will look at contemporary and treaty law for the promotion and protection of human rights. In addition to reviewing the substantive rights protected by international law, attention will be given to the major global and regional systems currently functioning: the UN, the European, American, and African.
INTERNATIONAL INTELLECTUAL PROPERTY (Ramsey, L.)
3 credits
This course examines international protection of intellectual property. We will focus on international treaties, agreements, and dispute resolution systems relating to trademarks, patents, copyrights, and related rights. The course will also cover acquisition and enforcement of intellectual property rights in foreign markets. Prerequisite: Completion of an intellectual property survey course or at least one other intellectual property course (copyright, patent, or trademark), or the consent of the instructor. The grade will be based on a final examination.
INTERNATIONAL NEGOTIATION (Wiggins, C.)
3 credits
The course will include specific materials and skill-building exercises on cross-cultural aspects of the bargaining process. Participants will include lawyers from other nations who are enrolled in USD's LLMC program, and upper class American JD students. This course will be cross-listed with the Master's program in Peace & Justice, so enrollment will be limited.
INTERNATIONAL SALES TRANSACTIONS (Lawrence)
3 credits
This seminar course will focus primarily on the international conventions that deal with commercial transactions. The emphasis will be on developing an understanding of the provisions of the conventions and comparing them with the domestic law of the United States . Attention to the Convention on the International Sales of Goods (CISG) will predominate.
INTERNATIONAL TAXATION (Pugh)
3 credits
This basic course in international taxation will focus on the principles relating to the taxation of foreign persons (individuals as well as legal entities) by the United States and the U.S. taxation of income received by U.S. individuals and entities from activities abroad. Topics will include principles of international tax jurisdiction; rules relating to the source of income and deductions; the foreign tax credit; Section 482 and transfer pricing; foreign currency translations; international double taxation treaties and an introduction to controlled foreign corporations.
Prerequisite: Tax I required; Tax II is recommended.
INTERNATIONAL TRADE (Folsom)
A research seminar on the law of international trade with special emphasis on the World Trade Organization, its agreements package and dispute resolution system. Topics covered include trade in goods, services, and technology, and the law of tariffs, nontariff barriers and international trade remedies, such as antidumping and countervailing duties. Paper required.
INTERVIEWING AND COUNSELING (Player)
3 credits
A course designed to provide advanced training in the skills of client interviewing and counseling. The first part of the course is devoted to learning the specific micro-skills that make up effective interviewing through demonstrations and role play. The second part deals with learning how to counsel clients in resolving their legal problems. The course employs various self-scoring personality diagnostic tools in assisting students to understand their own interviewing and counseling characteristics. In addition, students will have the opportunity to conduct interviews of actual clients in a variety of contexts including Las Colinas Women's Detention Facility, senior citizen centers and others. Ethical issues unique to interviewing and counseling are emphasized. Lawyering Skills II is highly recommended prior to enrollment in this course. Enrollment is limited. The course is graded on a 4-tier Pass/Fail basis.
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.
LAND USE PLANNING (Minan)
3 credits
The Constitutional, statutory, and common-law principles affecting public and private land controls are explored in this course. Recent trends in land use law and practice are considered, including exclusionary zoning, subdivision exactions, regulatory "takings," and federal and state environmental laws. The course will include a closed-book, final examination. Students may also be required to write a memorandum on a land use topic.
LAW AND LITERATURE (McGowan, M)
3 credits
This seminar explores legal and jurisprudential questions through the lens of literature and literary theory. Our reading list draws on literature broadly defined: prose and poetry works that reflect and form a part of our culture-novels, short stories, poetry, plays, essays, and movies. We will also read essays on the intersection between literary and legal theory and discuss whether insights from literary interpretive theory can help illuminate issues of legal interpretation. And finally, we will read, discuss, and analyze a transcript from a Nineteenth-Century murder trial. Students are expected to participate actively in class discussion. Students will write two short papers on two of the works assigned in class and a longer paper (to be due at the end of the semester) on a topic selected after consulting with me.
LAW AND POLITICS OF EDUCATIONAL POLICY DEVELOPMENT (Kemerer/Himelstein)
3 credits
Educational policy development at the local and state level is a complex and convoluted process. To give a limited number of law students and graduate education students an inside look on how educational policy is formulated, the School of Law and the School of Leadership and Education Studies are co-sponsoring this seminar. (Note: Enrollment is limited to eight law students and seven graduate students in education.) While the seminar explores educational policy development generally, it will focus on three areas of law and policy in California: school finance reform (equity, adequacy, and resource procurement), expansion of school choice (charters, publicly funded scholarships, tax credit programs), and coping with growing racial and income isolation. Two field trips will be conducted on selected Thursdays-Fridays during the semester. A grant secured by the instructors will pay for student travel and lodging for off-camus sessions. The Bay Area field trip will include discussions with educational policy researchers and commentators at Stanford University (Hoover Institution, School of Education, and School of Law) and at Boalt Law School at UC-Berleley. A meeting also will be held with union leaders at the California Teachers Association in Burlingame. The Sacramento field trip will feature discussions with key legislators and policymakers such as Senator Jack Scott, Chairman Senate Education Committee; Jack O’Connell, California State Superintendent of Public Instruction; Alan Bersin, California Secretary of Education; Paul Navarro, Deputy Cabinet Secretary for Legislative Affairs; Andrea Hauck, Governor’s Legal Affairs Secretary; legislative staff members; and representatives from educators associations. The program of study includes readings, cases, deliberations with the instructors and fellow students. A research paper and presentation are required. The seminar will meet for approximately seven sessions on campus to (1) explore the dimensions of the topics before the field trips, (2) debrief following the field trips, and (3) deliver student presentations based on research term papers. For information about instructor Scott Himelstein, who serves as the California Deputy Secretary of Education and Chief of Staff for Governor’s Office of the Secretary of Education, go to the California Secretary of Education website http://www.ose.ca.gov. Course will be held on 7 select Thursdays to be announced at first class meeting with the remainder of sessions encompassed by the field trips..
LAW AND MEDICINE (Wiggins, C.)
3 credits
This seminar explores recent developments in the health care industry of particular importance to lawyers. The first segment of this course is devoted to a range of broad societal topics such as health care cost containment strategies, guaranteeing quality control of medical delivery systems, and assuring access to the system for all who are in need of health care. The remainder of the seminar explores current issues in the relation of physician and patient and the management of technology, such as professional confidentiality, fetal/maternal conflicts, AIDS and termination of treatment.
LAW OF AMERICAN DEMOCRACY (Auerbach) 3 credits
The seminar will explore the ways in which our Constitution and legislation implement the principle that democratic government is based on the consent of the governed. It will begin by examining democratic structures that differ from our own. It will then consider our federalism and the bicameral structure of our federal government; our system of legislative representation; the electoral college and selection of the President (including the election of 2000); the role and regulation of political parties and our two-party system; campaign finance (money and politics); proposals for electoral reform, including term-limits; the function of judicial review in a democracy, including judicial selection; and direct democracy at the local level, particularly in California.
LAWYERING SKILLS II (Hartwell)3 credits
Students receive training in a variety of legal skills, including interviewing, counseling, negotiating, drafting (memos, pleadings, correspondence, briefs), motion practice, discovery, trial advocacy and alternative dispute resolution. The course is specifically designed to follow-up on and expand the skills introduced to the student in the Lawyering Skills I course. The course methodology will combine lectures, demonstrations and individual student performances in small groups with extensive critique and feedback by small group instructors who are experienced practitioners. The course culminates in a mock trial performed by the students in pairs. Four-tier Pass/Fail grading.
Prerequisite: Evidence. (Since this course is a prerequisite for actual client clinic courses, it is highly recommended that students take this course early in their second year.)
MERGERS AND ACQUISITIONS (Smith, T.)
3 credits
This course will examine selected economic, corporate law, and securities law aspects of the acquisition of businesses. Topics covered will include some basic (and necessary) corporate finance theory (such as valuation, efficient capital markets, event studies and option pricing theory); empirical evidence on the social costs and benefits of acquisition activity; the structuring of friendly and hostile acquisitions; the corporate law of takeover defenses; and securities law regulation of acquisition transactions. Some accounting and tax law topics may be touched upon, but they will not be a major focus of the course. Some effort will be made to examine drafting and negotiations aspects of M&A transactions. Corporations is a prerequisite. Students with substantial background in related areas may take Corporations concurrently, with permission. There will be an exam in the class.
MEXICAN LAW (Vargas)
3 credits
Designed to give students the basic elements of the Mexican legal system, this course underlines the differences and similarities between the U.S. legal system and Mexico's civil law system. Particular attention will be given to the examination of certain Mexican law branches, such as civil, constitutional and "amparo," and corporations. Some reference will be made to the Mexican court system, its legal history, legal education, and legal profession. Current legal questions between the U.S. and Mexico will also be covered. A paper is required.
MILITARY JUSTICE AND NATIONAL SECURITY (Devitt)
2 credits
This course focuses upon (a) the United States Constitution as it relates to the military justice system; (b) the substantive and procedural rules of the court martial system, including a review of the Uniform Code of Military Justice; (c) practical analysis of the trial and appellate process in the military context; (d) evidence issues unique to military tribunals; and (e) national security, including analysis of applicable constitutional provisions and the interplay between the military justice system and national security.
NEGOTIATION
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.
PENSIONS
2 credits
This course presents an overview of federal income taxation of qualified pension plans under ERISA. Covered topics include: origin and development of private pension plans; requirements for qualified plan status, including vesting and nondiscrimination norms; limitations on contributions and benefits; taxation of employees, participants and beneficiaries; policy issues concerning the tax-favored status of qualified plans and integration of public and private pension systems. Prerequisite: Tax I.
PRACTICUM - CIVIL (Wharton)
3 credits
The practicum is an intensive simulation clinic course offered as an alternative to Lawyering Skills II. Class enrollment is limited. The course uses case files, role players, expert practitioners and faculty to teach important lawyering skills. In 1998, the course will be devoted primarily to advocacy in so-called alternate for a dispute resolution. Prerequisite: Evidence.
PRE-TRIAL PRACTICE (Martin)
3 credits
This class will explore the details of civil pre-trial practice and procedure in federal and state courts. Emphasis will be placed on the mechanics of and theory behind pre-trial discovery and motion practice. Among other topics, students will be exposed to the practical details of traditional civil litigation
PUBLIC INTEREST LAW AND PRACTICE (Fellmeth, R.)
2 - 3 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.
REAL ESTATE FINANCE (Raushenbush)
2 credits
This course surveys real estate security and financing both residential and commercial, including mortgages, deeds of trust, and installment land contracts. Coverage will be general, with some California emphasis.
REMEDIES (Kelly)
4 credits
Legal and equitable remedies under statutes and the common law are examined and compared. The course focuses on methods of evaluating alternative remedies and arguing for or against their creation or use in a given case. The course objective is to enable the student not only to identify all available remedies but also to choose the preferred remedy from among them. The principal subjects covered are equity, restitution and damages.
SCIENTIFIC EVIDENCE (Shore) 3 credits
This course will address the technical requirements under California law for admissibility of both established and new forms of scientific evidence. Possible topics include fingerprints, serology, odontology, DNA and others. Students will apply the principles of admissibility by participating in realistic foundational hearings in the classroom, and will present papers on specific forms of scientific evidence.
Open only to students who have completed their second year.
SPECIAL EDUCATION AND THE LAW (Dalton)
2 credits
This class is designed to train students to respond to the legal needs of families whose children have physical, learning, or emotional disabilities. Course work covers federal and California laws governing the rights of students with disabilities to special education and related services. Class includes an overview of the Individuals with Disabilities Education Act (IDEA), the Individualized Education Program (IEP), the continuum of placements, discipline provisions, procedural safeguards, and legal remedies. Statutory and case law are utilized to assist students in understanding this complex and emerging area of specialization. The first two sessions of class join with an intersession class for graduate students in the School of Education , exposing students from both disciplines to the challenges that families of children with special needs encounter. No prerequisite.
STATE CONSTITUTIONAL LAW (Rodriguez)
1 credit
In this course, we consider the structural and individual rights components of state constitutionalism in the United States . We focus on a series of central topics in state constitutional law including the nature and scope of state and local power, the separation of powers, the relationship between state government and private property and conduct, the protection of individual rights and liberties, and constitutional adjudication in the American states. In addition, we consider key doctrinal and structural differences between state constitutions and the United States Constitution. We consider, through attention to text, caselaw and scholarly writing, the relationship between state constitutionalism as a key aspect of public governance in the modern U.S. and the national constitutional law and theory forged by our two centuries (and counting) experience with the federal constitution.
STATUTORY INTERPRETATION (McCubbins)
2 credits
In this seminar, we explore the theories and techniques of statutory interpretation. We discuss, critique, and analyze contemporary theories of interpretation. In particular, we examine the critical assumptions underlying these theories and, in the process, consider how and why these theories of interpretation succeed or fail. The objective of this course is two-fold: We develop a framework for understanding modern statutory interpretation, an understanding that will improve your ability as a lawyer to understand and apply statutes to legal problems you will unavoidably confront in practice. Second, we use statutory interpretation and interpretation theory to improve your capacity to analyze and examine critically empirical information and hypotheses about politics and about law; in other words, we work together to improve your capacity to "think." A research paper is required.
STRUCTURING ENTREPRENEURIAL TRANSACTIONS (FORMERLY VENTURE CAPITAL & STARTUPS)
This course covers the legal principles and some of the tax law applicable to a series of interesting, complex, and current entrepreneurial transactions, utilizing venture capital or private equity financing. The course will cover, time permitting, as many as possible of the following: (1) a new business start up (with emphasis on high technology sectors); (2) a growth equity investment in an existing business enterprise; (3) a leveraged buyout of a private or a public company (including a going-private transaction); (4) use of a flow-through tax entity such as an S corporation, a partnership, or an LLC, for a variety of venture capital or private equity financed transactions; (5) devising an exit scenario for the successful venture capital or private equity financed enterprise (such as IPO, SEC rule 144 sales, or sale of the company); and (6) forming a new venture capital, LBO, or private equity fund. Substantive subjects touched upon include federal income tax, securities regulation, corporate law, partnership law, LLC law, bankruptcy law, fraudulent conveyance law, and other legal doctrines and accounting rules and practical structuring issue relevant to entrepreneurial transactions (including use of common and preferred stocks, convertible debentures and convertible preferred, warrants, and options). The course reviews these in a transactional context and may also consider to some extent their policy underpinnings and likely future evolution. Corporations is a prerequisite. Introductory Income Tax is recommended, and Taxation of Corporations is desirable, as are Securities Law, and Corporate Finance, and related courses.
TAX II (Pugh)
3 credits
Tax II involves a study of the basic concepts of federal income taxation of 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 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.
TAX LITIGATION (Carpenter)
2 credits
This course provides a comprehensive review of prelitigation IRS administrative procedures, practical analysis in the selection of a choice of forum to litigate a federal tax dispute, pre-trial practice and case analysis, trial techniques and strategies when litigating a federal tax dispute before the U.S. Tax Court, and a review of refund litigation.
Prerequisite: Tax I. This is an advanced tax course with priority enrollment for LL.M. in Taxation students.
TAX POLICY (Ferguson)
2 credits
Tax Policy is a reflection of the country's social, economic and political history. Alongside the question of how much to tax, is the critical decision of how to allocate the tax burden among the various taxpayers, transactions and segments of the ecomony. How and why these decisions are made will comprise the substance of this course. We shall examine tax policy by looking at the tax legislative process, the policy makers, and selected code provisions illustrating various tax issues and problems. Students will be required to write short papers on tax issues throughout the course. Grades will be based on the short papers and the final, more extensive paper. The final paper on an assigned subject will be due after the class ends but before the examination period begins. The final paper is not intended to and does not fulfill the J.D. Written Work requirement of the law school.
This is an advanced tax course. Prerequisites: Tax I & II (LLM's may take Tax II concurrently) Class size is limited. Enrollment priority will go to: (1) LL.M.Ts with a SP07 or FA06 graduation date; 2) JDs admitted to the LL.M. program with a FA06 LL.M. graduation date. Course Materials: The course materials will consist of various articles and cases. In addition, various chapters in David Laro and Shannon P. Pratt, Business Valuation and Taxes (2005), will be assigned.
TAX POLICY (Snyder, L) 2 credits
This seminar will focus on three selected areas of tax reform: (1) Problems with the realization requirement and inconsistent treatment of different sources of income (earned v. unearned); (2) Revising the way we tax businesses (public and private); and (3) Analysis of some consumption tax proposals (including a national sales tax, the Flat Tax, and the Value Added Tax. [Selected issues in capital gains and losses and taxation of the family unit may also be explored.] The primary goal in studying these areas is to better understand the rationale for several areas of current tax law. The assigned material will include law review articles and excerpts from the most recent tax legislation passed by Congress. There is one paper assignment (10-12 pages). Each week students will also be assigned to respond to questions regarding each assignment. Designated as a perspectives course in the graduate tax program. Prerequisites: Tax I and Tax II or their equivalents. This is an advanced tax course. Class size is limited. Enrollment priority will go to: (1) LLMTs with a SP07 or FA06 graduation date; 2) JDs admitted to the LL.M. program with a FA06 LL.M. graduation date.
TAX RESEARCH AND COMMUNICATIONS
3 credits
This course involves an intensive examination of federal tax research techniques, including an evaluation of legislative history and administrative authorities. Students are required to research and prepare complex tax documents such as protests, opinion letters, memoranda of law, and Tax Court petitions.
The course may not be counted toward the LL.M. if the candidate elects to write a thesis. Enrollment is limited to 12 students (no J.D.’s) with priority to 1) May graduates and 2) full-time students.
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: WILLS and TRUSTS
(Lilly, McCouch)
3-4 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.
UNIFORM COMMERCIAL CODE: SALES (Lawrence)
3 credits
This course examines the reciprocal rights and obligations of sellers and buyers of goods through a study of Article 2 of the Uniform Commercial Code. Emphasis is placed on contract formation principles, statute of frauds, sources of contract terms, warranties, good faith and unconscionability, performance and breach, and remedies. The relationship of Article 2 to common-law contract principles is also explored. There are no prerequisites.
This course examines the reciprocal rights and obligations of sellers and buyers of goods through a study of Article 2 of the Uniform Commercial Code. Emphasis is placed on contract formation principles, statute of frauds, sources of contract terms, warranties, good faith and unconscionability, performance and breach, and remedies. The relationship of Article 2 to common-law contract principles is also explored. There are no prerequisites.
VALUATION (Abraham)
2 credits
This course encompasses the ever expanding body of law as it relates to valuation of business interest. Topics include the proper standard of valuation, various valuation methods, and the use of discounts and premiums. The class will review business valuation issues with respect to family limited partnerships, estate planning, corporation transactions, and other areas. Cutting edge issues such as valuing high tech companies will be covered. Prerequisites: Tax I; Tax II and/or Corporations is recommended. This is an advanced tax course with priority enrollment for LL.M. in Taxation students.
VIS INTERNATIONAL COMMERCIAL ARBITRATION CLASS
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.
WHITE COLLAR CRIME (Attanasio) 2 credits
The course will cover a variety of topics related to the defense and prosecution of "white collar" criminal offenses, with a particular focus on emerging trends in the law arising from recent corporate scandals and prosecutions. The lectures will emphasize strategies for conducting internal investigations of corporations and their officers and directors, as well as tactics used by law enforcement in conducting white collar grand jury investigations and criminal prosecutions. In this regard, the course will be geared towards students interested in pursuing careers as prosecutors or criminal defense attorneys, as well as those who may represent corporate clients generally.
WORK, WELFARE & JUSTICE (Lobel) 3 credits
The course explores the relations between public policies and the new political-economy. The new economy, with its increased demands for flexibility and competitiveness, new technologies, and rapid globalization, has dramatically altered the nature of work relations, economic production, social organization and the roles of public and private entities in promoting growth, justice and fairness. In this class, we will explore at a number of policy fields, including issues in employment and labor laws, education and schooling law, environmental law, health law, discrimination policies and consumer law. These issues will be examined from an interdisciplinary perspective for understanding the challenges of law-in-action. We will think of practical questions of the comparative effectiveness of various regulatory mechanisms and the more theoretical aspects of legal means and social ends. Students will be required to write a paper.
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 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.
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.
MEDIATION INTERNSHIP(Charles Wiggins)2 credits
Mediation Internship is a practical skill building opportunity for students to earn academic credit while developing their mediation skills. Interns will co-mediate disputes scheduled for hearing in the San Diego County Small Claims Court under a newly created joint project of the School of Law and the National Conflict Resolution Center. Interns will begin participating in the USD/NCRC project during Fall Semester, after completing Mediation Skills. They must be available to mediate at either the morning or afternoon court session one day per week through the end of Spring Semester classes. During Fall Semester, NCRC staff will observe their mediations and provide feedback. Beginning Spring Semester, Interns will also participate together in a one-hour weekly meeting directed by Law School staff.
There is no guarantee that participants who complete Mediation Skills will be selected for Mediation Internship. USD and NCRC will determine the number of available Intern positions, and will establish appropriate internship selection criteria.
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.
They may also assist in CAI's new Homeless Youth Outreach Project. Other 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)
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 & 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
(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 & 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 & 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. Reccommended: 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.
MEDIATION INTERNSHIP
2 Credits
Mediation Internship is a practical skill building opportunity for students to earn academic credit while developing their mediation skills. Interns will co-mediate disputes scheduled for hearing in the San Diego County Small Claims Court under a newly created joint project of the School of Law and the National Conflict Resolution Center.
Interns will begin participating in the USD/NCRC project during Fall Semester, after completing Mediation Skills. They must be available to mediate at either the morning or afternoon court session one day per week through the end of Spring Semester classes. During Fall Semester, NCRC staff will observe their mediations and provide feedback. Beginning Spring Semester, Interns will also participate together in a one-hour weekly meeting directed by Law School staff.
There is no guarantee that participants who complete Mediation Skills will be selected for Mediation Internship. USD and NCRC will determine the number of available Intern positions, and will establish appropriate internship selection criteria.
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.). |
