Summer 2008 Course Descriptions

Business Planning (David Laro)

This seminar integrates issues of corporate, securities and tax law using a problem approach in the context of business planning and counseling. Several problem situations involving common business transactions are examined extensively. Some of the problems considered may include: (i) Incorporating a sole proprietorship or professional practice; (ii) analyzing financial statements; (iii) raising private capital for a new business venture; (iv) planning for an initial public offering of securities; and (v) planning corporate turnarounds. Students learn and utilize negotiation skills involved in the purchase/sale of a business venture. Students are required to submit memoranda on certain aspects of the problems under consideration. On occasion, students will work together in small groups, and at other times will be responsible for individual work. Students will be expected to perform work similar to attorneys in private practice. The written work is in lieu of an examination. Prerequisites: Corporations; Tax I

Corporate Law Seminar (Mark Lee)

This course will provide you with an opportunity to prepare a substantial, in-depth research paper on a corporate law topic. A wide range of topics would suit this course. They might draw not only on corporation law, but on a host of other fields as well including other business organizational laws, securities regulation, corporate finance, and white collar crime. By mid-April, I plan to make available a list of topics or topic categories that would work for this course. I encourage you to select a topic that interests you because you will be spending a lot of time with it this summer.

You must secure my approval of the topic, so I also encourage you to communicate with me early in the process of topic selection (e-mail: marklee@siu.edu; telephone: 618-453-8745; or fax 618-453-3317). To secure approval, you must submit a reasonably detailed written statement of your proposed topic. When I approve it, I will give you a copy signed by me. Your detailed statement will be due no later than Monday, June 16th at 5:00pm, P.D.T. Past experience has taught me that I should dismiss students who fail to meet this deadline, so I reserve the right to do so.

Prerequisites: One of the following: a business organization course (Corporations or a course covering unincorporated business associations) or Securities Regulation. Satisfactory completion of the course will satisfy the law school's written work requirement.

Cyberspace Law (Jane Henning)

Cyberspace Law has been characterized as the study of how information is regulated in a world linked by computer networks.  The focus on this class will be on jurisdiction, First Amendment, intellectual property, and privacy issues in cyberspace.   Although students may have knowledge of these subjects from other courses, there are no prerequisites to this class.  There will be a final examination at the end of the course.

Evidence (Jean Ramirez)

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. There will be a final examination at the end of the course.

Health Care Law (Larry Frolik)

A survey of law and policy of how health care is delivered and financed.  We will consider how the financing and regulation lead to better or worse outcomes in terms of the conflicting goals of access to health care, controlling the cost of health care, and assuring quality health care.  This course will not cover professional liability (tort issues) nor ethical issues that are typically covered in courses in Bioethics. There will be a final examination at the end of the course.

Negotiation (Rob Brainin)

This class is about negotiation and dispute resolution: how not to lose when thinking win-win. Many negotiators fail to maximize their outcomes because they either take extreme, unyielding positions or because they look for an optimal ‘win-win' solution and in the process give their counterpart value that they could capture themselves. This course focuses on the strategy behind dispute resolution (negotiation, mediation, arbitration) and speaks in a practical way about how to use that strategy to maximize what can be achieved in those situations. Through a combination of lectures, in-class exercises, class discussions and guest speakers, the class will explore the different methods of dispute resolution, and how to maximize your outcome in each. The first part of the course highlights the difference between the different types of dispute resolution. We'll then focus on game theory and its role in negotiation. We'll then focus on how to maximize the potential overall value of the outcome to all parties in a dispute . . . and subsequently how to capture a disproportionate share.
2 credits - Grade determined by weekly assignments, class participation and a take home final examination. This class will be graded on the four-tier system- High Pass, Pass, Low Pass, and Fail.

Negotiation (Gregg Relyea)

Effective negotiation skills are essential to the successful practice of law.  Most legal disputes are resolved through direct negotiation.  This course will teach students effective communication techniques and negotiation strategies in a workshop style setting.  The course will introduce students to different types of bargaining, different approaches to bargaining, specialized communication techniques used by effective negotiators, and techniques for overcoming negotiating impasses.  Negotiation practices will be taught using both lecture and experiential methods (interactive exercise, role play exercises).  This course will be practical in its orientation, with an emphasis on prevailing negotiation techniques and strategies customarily used by practicing lawyers.  Due to the participatory nature of the course, enrollment will be limited.
2 credits - Grades will be based on a written final examination, homework assignments, and class participation.  This class will be graded on the four-tier system- High Pass, Pass, Low Pass, and Fail.

Professional Responsibility (Michael Berch)

This course examines the singular ethics of lawyering and the rules of professional conduct applicable to the legal profession. We will focus on the Model Rules of Professional Conduct of the American Bar Association and an examination of the rules in California. We will examine the various professional relationships that exist between lawyers and: 1) their clients; 2) their colleagues; 3) the public; and 4) the judiciary, with a view toward answering such questions as: What are the "core values" of the legal profession? Why are lawyers required to act in ways that the public finds either confusing or hostile to other societal values? The objective of the course is to give students a working knowledge of the law governing lawyers, and an appreciation for the ethical challenges lawyers face and the ethical environment in which lawyers work.
3 credits - Grade determined by midterm, final and class participation.

Tax I (Paul Caron)

Tax I provides students with an understanding of the basic principles of federal income tax, including gross income, deductions, tax accounting, capital transactions and income shifting. There will be a final examination at the end of the course. Required for upper-class students. - 3 credits

Topics in Estate Planning (Michael Antin)

Examination of sophisticated Estate Planning techniques; including Wills; Revocable Trusts; Irrevocable Trusts; Donor Advised Funds; Private Foundations; Qualified Personal Residence Trusts; Charitable Lead Trusts; Generation Skipping Trusts; Multiple distribution formulas; Life Insurance Trusts; Ownership and Beneficiary designations of life insurance and Qualified Retirement Plans; Trust and Post Mortem Administration; Trustee selection; Estate Tax planning; Restructuring wealth into LLC’s and/or Family limited partnerships and other entities; Fractional ownership; Income in respect of a decedent; Explore creative and innovative approach to planning; Marketing of an estate planning practice; Planning to avoid post mortem litigation; Conflicts of interest; the Gunderson rule (prohibiting some persons from serving as Trustee nor benefit as beneficiary); Naming Guardian; Health and Financial powers of attorney; Living Will; Transfer of Assets to Living Trust; Financial service companies functions and services available in marketplace; Choice of State jurisdiction; ie; rule against perpetuities; Buy-sell agreements; Fixing value for death tax purpose; Post mortem allocation of assets among subtrusts; Fiduciary accounting; fiduciary duties and obligations. The written work is in lieu of an examination. This is an advanced tax course with priority enrollment for LL.M. in Taxation students. Prerequisite Courses: Tax I; Trusts & Estates: Wills & Trusts (There will be no class during the week of July 4th)

Trusts & Estates: Wills & Trusts (Kris Panikowski)

This course takes a theoretical and practical approach to learning trusts and estates law by employing both the socratic and case methods of instruction. A range of issues will be explored, including intestate succession, probate procedure, grounds for will contests, requirements for the creation and termination of private trusts, inter vivos transactions, planning for incapacity, and problems in the interpretation of testamentary instruments. Class sessions will include active discussion and analysis of the law and the policies behind the law. Students also will have the opportunity to apply the law to a current legal problem each week. Students will be “on call” one or two weeks during the session, during which time they will write a three-page paper in which they “resolve” a current legal problem by applying the newly learned law to the current legal problem.  Prerequisite: Property.
3 credits - Grade determined by final exam, assignments and class participation.  

Clinics

Child Advocacy Clinic: Delinquency 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 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.

Child Advocacy Clinic: Dependency II (Robert Fellmeth)

Students participating in Dependency Clinic II continue their work with an assigned attorney from the San Diego Office of the Public Defender representing abused children in dependency court proceedings. Dependency Clinic interns meet as a group once a week to discuss their work and to review current issues in child advocacy. Students interested in taking Dependency Clinic II need to obtain a permission slip from Elisa Weichel at the CPIL/CAI offices (back entrance of the LRC).
1-4 credits.  Prerequisites: Evidence, Civil Procedure, Child Rights & Remedies, Dependency I 

Child Advocacy Clinic: Policy I and II (Robert Fellmeth)

Students participating in the Policy Section work with CAI staff on projects relating to state agency rulemaking, legislation, litigation, or other advocacy. Policy projects might include performing research and writing on the California Children's Budget or the Children's Regulatory Law Reporter. Interns may also be assigned to participate in policy research and analysis of current applications of law and regulations as they affect children. Students interested in taking Policy Clinic I & II need to obtain a permission slip from Elisa Weichel at the CPIL/CAI offices (back entrance of the LRC).
1-3 credits.  Prerequisites: Child Rights & Remedies.  

Civil Clinic I & II (Allen Gruber)

Students interview, counsel and represent clients in actual civil cases under the supervision of a clinical professor through the in-house clinic law office. Weekly group meetings are combined with individual case conferences to provide intensive personal training in problem solving and case management, and to provide exposure to practice and procedure.                                             
1-4 credits. Prerequisites: Evidence, Civil Procedure, & Lawyering Skills II (or the Practicum).  

Entrepreneurship Clinic I & II (Donna Matias)

Through hands-on opportunities, students in the Entrepreneurship Clinic provide pro bono legal services to low- and moderate-income entrepreneurs who want to start or expand their small businesses. The Entrepreneurship Clinic does not engage in litigation-related services; instead, it focuses on advising clients on legal matters relating to their business and assisting in drafting and filing necessary documents. Such work includes determining the appropriate choice of business entity; assistance in obtaining necessary permits and licenses; advising on employment and independent contractor issues; drafting and reviewing commercial contracts and leases; and assisting with the establishment of tax-exempt organizations.
1- 4 credits.

Small Claims Clinic I and II (Franco Simone)

The Small Claims Clinic offers students the opportunity to develop interviewing and counseling skills as well as trial preparation skills in the Small Claims Court context. Students assist low-income families in preparing their cases for trial at Small Claims Court and can represent clients in the appeals process in Superior Court.
1-3 credits.

Special Education Clinic I & II (Margaret Dalton)

Students receive practical training and experience in client intake, interviewing and counseling, and representation of clients at meetings with school district personnel. Some cases proceed to formal mediation and hearing. Weekly group meetings are combined with individual case conferences to provide intensive personal training in case management. The classroom component also includes an overview of statutes and cases in this growing area of civil law.
1-4 credits.

State Tax Clinic I & II - California (Shaltes)  2 credits

Tax Clinic (Richard Carpenter)

The Tax Clinic is a hands-on class that provides students with practical tax controversy experience while assisting low income taxpayers with IRS problems.  An emphasis is placed upon client interviewing skills, as well as learning how to negotiate with the IRS, and how to effectively resolve a client's federal tax dispute.   Also, students provide outreach programs to the local community, advising citizens of their rights as taxpayers, as well as their tax obligations.
1-3 credits. Prerequisite: Tax I.

Internships/Externships

Agency Externship Program (John Forry)

The Agency Externship Program (the “Program”) allows students to receive academic credit for work in a law related position with a governmental agency or non-profit organization outside Southern California.  The work can be either a civil or criminal practice.  The student must not receive monetary compensation for the work and must be supervised by an on-site lawyer. 

In addition to the work component of the Program, students will have regular contact with the Program’s faculty supervisor who will closely monitor and correspond with them individually and as a group throughout the summer, assign various written projects, such as a weekly journal and a final paper, and review samples of students’ written work from the Externship.

Students can secure their own externship placement or meet with Career Services for guidance.  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 and may receive 1-3 credits. Limited to 15 students. For application and other registration information please contact Assistant Dean Carrie Wilson at carrie@sandiego.edu or Assistant Dean Cara Mitnick at cmitnick@sandiego.edu.

Agency Internship (Alan Alvord)

The Agency Internship Program allows students to receive academic credit for work in a law-related position with a governmental agency or a non-profit organization in San Diego. Over the summer, the work can be in either a civil or criminal practice. The student must not receive monetary compensation for the work. In addition to the work component of the Program, students enrolled in the program will have regular contact with the Program's instructor; who will meet with them individually and as a group throughout the summer, assign various written projects (such as a journal and a final paper), and review samples of the student's written work from the internship.
Students can secure their own placement or meet with Professor Alvord for guidance in securing a placement. After a placement is found, students must complete an application form to have their placement approved for the Program; employers who participate in the Program must commit to following the requirements of the Program. Students work a minimum of 60 hours per unit of credit. 1-3 credits. For application and other registration information please contact Professor Alvord at alan.alvord@dgs.ca.gov or at (619) 645-2980.

Judicial Internship (Paul Horton)

The Judicial Internship Program allows students to receive academic credit for work in a judge's chambers in San Diego. Students must work 60 hours per unit of credit. In addition to the work component of the Program, students enrolled in the program will have regular contact with the Program's instructor, Professor Horton, who will meet with students individually, assign various written projects (such as a journal and a final paper), and review samples of the student's written work from the internship. In addition to the in-chambers and written work components, there is a classroom component to the Judicial Internship Program; Professor Horton has a manual that explains the judicial internship process; interested students should be sure to pick up a copy of the manual. Students can secure their own internship position or can meet with Professor Horton for guidance in securing a placement. Students must receive approval from Professor Horton to register for this program.
1-6 credits. Prerequisites: Preferred: 1L Curriculum and Criminal Procedure.