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Spring 2019 Class Descriptions

Administrative Law (LWPP510)

Instructor(s): Mila Sohoni

4 credit(s), Letter Graded
Concentration(s): Environmental and Energy Law, Employment and Labor Law, Public Interest Law, Health Law, Children's Rights

Administrative law is relevant to a broad variety of areas of legal practice, including securities regulation, labor law, immigration, energy law, and health law. This course is an introduction to the basic rules and procedures governing federal administrative agencies. Subjects covered include (1) the legal framework (both constitutional and statutory) that guides activity by administrative agencies; (2) presidential and congressional controls over agencies; and (3) judicial review of administrative action.

Note: This is a required course for the Environmental & Energy Law and Public Interest Law concentrations (JD). This course may be applied as part of the nine required credits for the Health Law Concentration (JD).
Additional Information: Environmental & Energy Law Concentration (JD), Public Interest Law Concentration (JD)

Advanced Business Planning (LWTE505)

Instructor(s): Staff

2 credit(s), Letter Graded
Requirement(s): Experiential
Concentration(s): Taxation, Business and Corporate Law, LLM in Taxation, LLM in Business and Corporate Law
Prerequisite(s): Tax I , Corporations

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

Advanced Legal Research (LWLP512)

Instructor(s): Judith Lihosit

1 credit(s), Letter Graded

Advanced Legal Research builds upon basic legal research skills that students learned in their first-year Legal Writing and Research class. Topics include identifying and using appropriate secondary sources, advanced search techniques using Lexis, Westlaw, and other subscription services to locate relevant primary and secondary source materials, developing cost-effective research strategies, and critically evaluating search results and materials. Students will also have the option to learn about additional resources and techniques for researching topics, such as legislative history, administrative law, and foreign & international legal materials..

This is an on-line web based class that will not have any in person classes. This class will be taught the first seven weeks of the semester and will feature a final exam after the course has concluded outside of the traditional final exam period.

Advanced Pass-Thru Taxation (LWTE556)

Instructor(s): Staff

2 credit(s), Letter Graded
Concentration(s): Taxation, LLM in Taxation
Prerequisite(s): Tax I
Recommended Class(es): Corporate Tax, Partnership Tax

The use of tax pass-through entities has become widespread and powerful both in the U.S. and internationally. The purpose of the course is to understand the rules that apply to S corporations, partnerships, REITs and other pass-through entities and how those entities are used, both domestically and internationally. The course will also consider the tax policy issues that pass-through entities raise. The questions are both broad (e.g., Why do we have so many pass-through entities? Why do the rules for each differ? What are the issues for different classes of investors? Is simplification possible?) and narrow (e.g., How is entity-level tax eliminated in the case of a REIT or a RIC? In the case of a REMIC? In the case of an S corporation?) This class meets from January 7, 2019 to February 7, 2019. In addition to class participation, there will be 2 hour open book exam.

 

Advanced Trial Advocacy (LWLP515)

Instructor(s): Bibianne Fell

3 credit(s), Letter Graded
Requirement(s): Experiential
Concentration(s): Criminal Law, Criminal Litigation, Civil Litigation
Prerequisite(s): Trial Advocacy, Evidence

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 during certain skills over the semester with feedback from instructors and practitioners. In addition to the weekly skills sessions, students perform at least one bench trial and one jury trial. The class will also address and consider the use of trial presentation technology at trial, and the intricacies of examining experts and children. There will be minor written requirements related to the skill of the week. This is an intensive course designed to focus on individual presentation skills. Prerequisites: Trial Advocacy and Evidence. Enrollment is limited. Students are graded by the standard letter grading system.

Agency Externship I (LWVL596)

Instructor(s): John Sansone

1-6 credit(s), P/F Graded
Requirement(s): Experiential
Concentration(s): Employment and Labor Law, Criminal Litigation, Civil Litigation, Children's Rights

The Agency Externship Program provides students the opportunity to gain valuable clinical legal experience for academic credit with a government agency or non-profit organization during the fall, spring or summer semesters. (The externship program does not allow students to receive academic credit for working in a private law firm). Students may enroll in the Agency Externship Course for 1 - 6 units of credit and must work during the academic session for a minimum of 50 hours per credit (100 hours for 2 credits, 150 hours for 3 credits, 200 hours for 4 credits, 250 hours for 5 credits, and 300 hours for 6 credits). For purposes of the Agency Externship, the academic session is from the official start of classes to the last day of final exams. Any externship work outside this time period may be counted towards pro bono hours, but not academic credit, provided the student is not receiving compensation for those hours.

Academic requirements include: mandatory orientation, student journals submitted to the professor relating to field placement work; discussion boards on legal practice topics; a three-five page reflective paper at the end of the semester; an externship work product for professor review; and on-site supervisor evaluation showing satisfactory completion of work experience. The externship is graded on a Pass-Fail basis. To review all the pertinent course resources, including course information, forms, and helpful internet links, please see the link below to the Agency Externship Course Resource Handbook..

If you have been offered and have accepted a field placement, meet the eligibility requirements, agree to meet the course obligations and want to register for the Externship course, fill out the Field Placement Form. The Office of Career and Professional Development will then confirm your placement and instruct you on registering for the course.

Contact lawcareers@sandiego.edu with placement questions. Contact Professor John Sansone, Academic Director, at jsansone@sandiego.edu with academic questions.

Note: There are limitations on JD concentration eligibility. Please check the concentration web pages for more information. Contact Law Student Affairs to find out if your Agency Externship qualifies for a concentration.
Additional Information: Handbook, Concentrations, Law Student Affairs

Agency Externship II (LWVL590)

Instructor(s): John Sansone

1-6 credit(s), P/F Graded
Requirement(s): Experiential
Concentration(s): Criminal Litigation, Civil Litigation

Externship II students refine their skills, with a longer opportunity to specialize their training in a specific area. Externship II is limited to students who have previously worked at an Agency Externship placement. Please refer to Agency Externship I description for additional requirements. To review all the pertinent course resources, including course information, forms, and helpful internet links, please see the link below to the Agency Externship Course Resource Handbook.

Contact lawcareers@sandiego.edu with placement questions. Contact Professor John Sansone, Academic Director, at jsansone@sandiego.edu with academic questions. Note: There are limitations on JD concentration eligibility. Please check the concentration web pages for more information. Contact Law Student Affairs to find out if your Agency Externship qualifies for a concentration.

Note: There are limitations on JD concentration eligibility. Please check the concentration web pages for more information. Contact Law Student Affairs to find out if your Agency Externship qualifies for a concentration.
Additional Information: Handbook, Concentrations, Law Student Affairs

Antitrust (LWBC503)

Instructor(s): David McGowan

3 credit(s), Letter Graded
Concentration(s): Intellectual Property Law, Business and Corporate Law, Intellectual Property, LLM in Business and Corporate Law, Public Interest Law

Antitrust law governs the way companies compete with each other. It aims to promote competition by prohibiting anticompetitive conduct. Antitrust is a foundational course for students interested in business law. This course studies the primary federal laws, the Sherman Act and Clayton Act, and teaches principles relevant to state antitrust law as well. The course covers economic concepts but is not a class in economics as such. A midterm and final exam will be given.

Note: There are limitations on Intellectual Property (JD) concentration eligibility. Please check the Intellectual Property Concentration web page for more information.
Additional Information: Intellectual Property Concentration (JD)

Appellate Clinic (LWVL501)

Instructor(s): Michael Devitt, Candace Carroll, David Schlesinger

2 credit(s), H/P/L/F Graded
Requirement(s): Experiential
Concentration(s): Civil Litigation
Prerequisite(s): Civil Procedure, Evidence or concurrent enrollment, Professional Responsibility or concurrently, Crim Pro I or concurrent enrollment

The Appellate Clinic is a year-long clinic opportunity in which teams of students will enjoy the hands-on experience of litigating from start to finish an appeal before the Ninth Circuit Court of Appeals. During the fall semester, students will write an opening brief; and in the spring semester students will write a reply brief and participate in oral argument. Additional periodic classroom sessions held throughout the academic year will focus upon appellate procedure and persuasive written and oral advocacy. From time to time, class sessions will feature guest speakers such as judges and local practicing attorneys. Students will receive four credits (two in the fall semester and two in the spring semester) for successfully completing the year long Appellate Clinic. The Appellate Clinic is open only to third and fourth year law students; and students must have completed or take concurrently with the Appellate Clinic the following courses: Civil Procedure, Evidence, Professional Responsibility, and Criminal Procedure.

Note: There are limitations on JD concentration eligibility. Please check the Civil Litigation Concentration web page for more information.
Additional Information: Civil Litigation Concentration

Art Law (LWIP505)

Instructor(s): Herbert Lazerow

3 credit(s), Letter Graded
Concentration(s): Intellectual Property Law, International Law, Intellectual Property

Some legal problems of the art world encountered by artists, art middlemen, and museums. Some of the following topics will be considered: art in wartime, the international art trade, the artist's rights in works, artistic freedom, the collector's security, the tax collector, and the museum as trustee and entrepreneur. This course draws from doctrines in many fields, including contracts, property, torts, constitutional law, administrative law, tax, intellectual property, and international law.

Note: There are limitations on Intellectual Property (JD) concentration eligibility. Please check the Intellectual Property Concentration web page for more information.
Additional Information: Intellectual Property Concentration (JD)

Business Planning (LWBC520)

Instructor(s): Dennis Doucette

2 credit(s), Letter Graded
Requirement(s): Writing OR Experiential
Concentration(s): Business and Corporate Law, LLM in Business and Corporate Law
Prerequisite(s): Tax I, Corporations

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.

California Civil Discovery Practice (LWLP521)

Instructor(s): Virginia Nelson Andrews

2 credit(s), H/P/L/F Graded
Requirement(s): Experiential
Concentration(s): Civil Litigation

This course focuses on the primary written discovery procedures in California, a major component of pre-trial litigation. Students will learn the critical references, rules and resources required to create a discovery plan as well as the appropriate use of interrogatories (form and special), requests for production, requests for admission, and requests for physical and mental exams. Objections to these discovery devices, responses to discovery requests, meet and confers, protective orders and sanctions will also be covered. The form and format for depositions will be examined as well as demonstrations in conducting a basic deposition. The California Civil Discovery Act will be compared to the Federal Rules of Civil Procedure in all the written discovery devices described above as well as depositions. The class will follow a hypothetical and be exposed to the perspective of all sides in conducting discovery. Students will discuss a plan for discovery, draft discovery devices, formulate objections to discovery requests, analyze use of a privilege log, and participate in mock depositions. Students who complete this course will gain an understanding of the broad framework of California pre-trial discovery, effective and ineffective discovery devices, some of the key differences between the state and federal discovery systems, and the requirements and practical tips for taking depositions. This class does not cover E-discovery. This class is limited to 20 students.

Child Advocacy Clinic: Delinquency I (LWVL503)

Instructor(s): Robert Fellmeth, Jessica Heldman

4 credit(s), H/P/L/F Graded
Requirement(s): Experiential
Concentration(s): Children's Rights
Prerequisite(s): See course description

Students work with assigned attorneys from the San Diego Office of the Public Defender, representing juveniles in delinquency court proceedings. Students are exposed to a wide variety of experiences, such as interviewing their minor clients; preparing briefs and motions; participating in hearings and conferences; coordinating with probation officers, investigators, etc.; and making court appearances as necessary and appropriate. Delinquency Clinic students must commit 20 hours per week to their Clinic work, and there is an additional one-hour classroom component each week. Students must have completed or be enrolled in Evidence, Civil Procedure and Child Rights and Remedies. Clinic slots are limited; students must obtain a permission slip from Professor Robert Fellmeth or Elisa Weichel before registering for the course.

Note: This clinic may be applied as the required clinic for the Children's Rights Concentration (JD).
Additional Information: Children's Rights JD Concentration

Child Advocacy Clinic: Dependency I & II (LWVL507)

Instructor(s): Robert Fellmeth, Jessica Heldman

4 credit(s), H/P/L/F Graded
Requirement(s): Experiential
Concentration(s): Children's Rights
Prerequisite(s): See course description

Students work with assigned attorneys from the Dependency Legal Group of San Diego, representing abused and neglected children in dependency court proceedings. Students are exposed to a wide variety of experiences, such as interviewing child clients; presenting evidence during bench trials; preparing briefs and memoranda; participating in settlement conferences; conducting field work with investigators; and making court appearances as necessary and appropriate. Dependency Clinic students must commit 16 hours per week to their Clinic work, and there is an additional one-hour classroom component each week. Students must have completed or be enrolled in Evidence, Civil Procedure and Child Rights and Remedies. Clinic slots are limited; students must obtain a permission slip from Professor Robert Fellmeth or Elisa Weichel before registering for the course.

Note: This clinic may be applied as the required clinic for the Children's Rights Concentration (JD).
Additional Information: Children's Rights JD Concentration

Child Advocacy Clinic: Policy I & II (LWVL505)

Instructor(s): Robert Fellmeth, Jessica Heldman

1-3 credit(s), H/P/L/F Graded
Requirement(s): Experiential
Concentration(s): Children's Rights
Prerequisite(s): Child Rights & Remedies

Students work with CAI professional staff on legislative and regulatory policy advocacy projects, impact litigation, public education projects, and/or policy research and analysis of current applications of law and regulations as they affect children. Policy Clinic students are also able to serve as Educational Representatives for at-risk youth and/or assist CAI’s Homeless Youth Outreach Project. Students must have completed or be enrolled in Child Rights and Remedies. Clinic slots are limited; students must obtain a permission slip from Professor Robert Fellmeth or Elisa Weichel before registering for the course.

Note: This clinic may be applied as the required clinic for the Children's Rights Concentration (JD).
Additional Information: Children's Rights JD Concentration

Civil Clinic I (LWVL510)

Instructor(s): Allen Gruber

2-4 credit(s), H/P/L/F Graded
Requirement(s): Experiential
Concentration(s): Civil Litigation
Prerequisite(s): Civil Procedure, Evidence
Recommended Class(es): Trial Advocacy or Practicum

Students interview, counsel and represent clients at Superior Court or in administrative hearings in a wide variety of cases under the supervision of an attorney. Students draft pleadings and correspondence, as well as confer and negotiate with opposing counsel/parties. Weekly group meetings are combined with individual case conferences to provide intensive personal training in litigation techniques, problem solving and case management. Students also learn general civil litigation practice and procedures. Prerequisites: Civil Procedure, Evidence Recommended: Practicum or Trial Advocacy. The clinic is graded on a 4-tier Pass-Fail basis.

 

Note: There are limitations on JD concentration eligibility. Please check the Civil Litigation Concentration web page for more information.
Additional Information: Civil Litigation Concentration

Civil Clinic II (LWVL511)

Instructor(s): Allen Gruber

1-4 credit(s), H/P/L/F Graded
Requirement(s): Experiential
Concentration(s): Civil Litigation
Prerequisite(s): Civil Procedure, Evidence
Recommended Class(es): Practicum or Trial Advocacy

Clinic II interns refine their skills, working on complex cases and cases already begun as Clinic I interns. Students may mentor first time clinic participants, serve as lead attorney on cases, and have additional opportunities to appear in court or administrative proceedings. Supervising attorneys/adjunct professors provide individualized coaching, based on the Clinic II interns’ needs and interests. Prerequisite: Successful completion of Clinic I in the same clinic. The clinic is graded on a 4-tier Pass-Fail basis.

Note: There are limitations on JD concentration eligibility. Please check the Civil Litigation Concentration web page for more information.
Additional Information: Civil Litigation Concentration

Civil Rights Law & History (LWPP519)

Instructor(s): Gail Heriot

3 credit(s), Letter Graded

This course will explore the legal history of civil rights from the 19th century to the present and will also cover civil rights issues that confront federal and state policymakers today, including human trafficking, hate crimes and same-sex marriage. Among the questions that will be explored will be, “What are ‘civil rights’ and how has the meaning of that term changed over time?” The Reconstruction amendments to the Constitution will be discussed with special emphasis on the Thirteenth Amendment, given that its sesquicentennial is coming up in 2015. Legislation like the New York Married Women’s Property Act of 1848, the Mississippi Black Code, the Reconstruction civil rights acts, the Civil Rights Act of 1957, the Civil Rights Act of 1964, the Voting Rights Act of 1965 and the Americans with Disabilities Act as well as failed efforts like the proposed Equal Rights Amendment will also be explored. Some non-legal historical reading will also be included. This course is aimed at enhancing student understanding of how foundational concepts such as "civil rights" endure and as well as evolve over time and are translated into constitutional and statutory texts, legal institutions and public policy.

Community Property (LWTE544)

Instructor(s): Michael Kelly

3 credit(s), Letter Graded

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.

Comparative Con Law (LWIC515)

Instructor(s): Laurence Claus

3 credit(s), Letter Graded
Requirement(s): Writing
Concentration(s): LLM in International Law, International Law

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. A research paper is required.

Complex Litigation (LWLP523)

Instructor(s): Scott Metzger

3 credit(s), H/P/L/F Graded
Requirement(s): Experiential
Concentration(s): Employment and Labor Law, Civil Litigation
Prerequisite(s): Civil Procedure

This experiential course will offer instruction and practice in the areas of class actions (both under FRCP Rule 23 and CCP Section 382), together with instruction and practice in the areas of multi-district litigation, Qui Tam actions; Private Attorney General Actions, and the arbitration of class actions. The class will be graded based on class participation and at least two opportunities for each student to argue motions covering topics covered in class.

Constitutional Law I (LWAA515)

Instructor(s): Michael Rappaport, Michael Ramsey, Steven Smith

4 credit(s), Letter Graded

This course provides an introduction to 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. It also provides an introduction to the Bill of Rights and its limitations on the exercise of governmental power, with emphasis on freedom of speech.

Constitutional Law II (LWPP525)

Instructor(s): Maimon Schwarzschild, Miranda McGowan

3 credit(s), Letter Graded
Prerequisite(s): Constitutional Law I

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. 

Contract Drafting (LWGC563)

Instructor(s): Staff

2 credit(s), Letter Graded
Requirement(s): Writing OR Experiential
Concentration(s): Business and Corporate Law, LLM in Business and Corporate Law

Transactional drafting is a skill used in most areas of law. It refers to the process of composing documents to formalize agreements and settlements between parties. This course will train students to be comfortable with the drafting process, which includes expressing agreements and settlements in language that will benefit clients, and composing documents that contain this language in a form that will maximize favorable interpretation in court. The course emphasizes both cooperative and individual drafting work. Each week in class, students will learn about selected components of the process, draft a document or exercise requiring the use of that component, and receive feedback on that day’s drafting activity. Students will have weekly individual homework assignments that reinforce that week’s skill. Grades will be based on individual weekly written homework assignments and an end-of-semester individual drafting project, and are subject to the upper class curve requirements. Students may only enroll in two of the following during their law school career: Advanced Legal Writing OR Contract/Legal Drafting. Students desiring to add the second class in this series must receive a signature on their add/drop form from the Office for JD Student Affairs, and provide the form to the Registrar's office (that is, students cannot add the second class themselves online.) Note: This course may fulfill either the Experiential OR Upper Division Writing requirement. Students will be asked in class at the beginning of the semester to elect which requirement they would like this course to fulfill. The student's election is final.

Note: This course may fulfill either the Experiential OR Upper Division Writing requirement. Students will be asked in class at the beginning of the semester to elect which requirement they would like this course to fulfill. The student's election is final. This class will be taught by Adjunct Professor David Leatherberry.

Contract Drafting (LWGC563)

Instructor(s): Elaine Edelman

2 credit(s), Letter Graded
Requirement(s): Writing OR Experiential
Concentration(s): Business and Corporate Law, LLM in Business and Corporate Law

Transactional drafting is crucial to the legal profession. It refers to the process of creating documents to formalize agreements between parties. This course trains students to be able to use the process comfortably. You will learn to structure agreements, and express them in clear and concise language that will benefit clients and maximize the likelihood of favorable interpretation. The course emphasizes both cooperative and individual drafting work. Each week in class, you will focus on selected components of the drafting process, and prepare a document or exercise requiring you to practice what you learn. You will receive immediate feedback on that day’s drafting activity, and written comments on individual weekly homework assignments. Visits by attorneys who draft contracts in their practice will provide a view of how the legal profession depends on this skill. This class will use various types of contracts that touch on various areas of substantive law: contracts for the sale of goods, business or property (contract law, commercial transactions); residential and commercial leases (landlord-tenant and real estate law); settlement agreements (torts); employment, non-disclosure and non-compete agreements (employment law); retainer agreements (legal ethics); intellectual property rights (intellectual property); corporate acquisitions (corporations, securities law); entertainment contracts (entertainment law); vendors’ contracts (sports law). Grades are based on the scores on individual weekly assignments. Students may only enroll in two of the following during their law school career: Advanced Legal Writing OR Contract Drafting. Students desiring to add the second class in this series must receive a signature on their add/drop form from the Office for JD Student Affairs, and provide the form to the Registrar office (that is, students cannot add the second class themselves online.)

Note: This course may fulfill either the Experiential OR Upper Division Writing requirement. Students will be asked in class at the beginning of the semester to elect which requirement they would like this course to fulfill. The student's election is final.

Contracts (LWAA520)

Instructor(s): Jordan Barry, David McGowan, Chris Wonnell

4 credit(s), Letter Graded
Concentration(s): Business and Corporate Law

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.

Controlled Substances (LWGC518)

Instructor(s): Donald Dripps

3 credit(s), Letter Graded
Concentration(s): Criminal Law, Criminal Litigation

This course examines the criminal law’s treatment of recreational drug use and the policy controversies attending the law. The course should be of special interest to students interested in taking up criminal practice, whether as prosecutors or defenders, but should also appeal to students interested in our criminal justice system generally. Specific topics covered will include the Nature of Intoxicants, the Development of Legal Prohibitions, and Continuing Debate over Legalization; The War on Drugs, Mass Incarceration, and Questions of Equal Justice; Possession versus Distribution; Manufacture and Conspiracy Offenses; Mens Rea in Drug Crimes; Drug Testing at Work and School; Sentencing under the Guidelines; Criminal Procedure--Informants and Wiretaps; Criminal Procedure—Search and Seizure, with special emphasis on suppression hearing practice; The Controlled Substances Act and the FDCA; Medical Marijuana; and International Aspects of Drug Control.

Copyright Law (LWIP525)

Instructor(s): Abraham Bell

3 credit(s), Letter Graded
Concentration(s): Intellectual Property Law, Intellectual Property

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. 

Note: May be applied as part of the six required credits for the Intellectual Property Concentration (JD).
Additional Information: Intellectual Property JD Concentration

Corporate Counsel Externship I (LWVL591)

Instructor(s): Beth Baier

1-6 credit(s), P/F Graded
Requirement(s): Experiential
Concentration(s): Intellectual Property Law, Environmental and Energy Law, Employment and Labor Law, Intellectual Property, Business and Corporate Law, LLM in Business and Corporate Law, Health Law

The Corporate Counsel Externship Program consists of a work component and a class component and allows students to earn academic credit working in the legal department of a corporation, company or other business entity. Students may also work in other departments of a corporation as long as they are supervised by an on-site licensed attorney. Students must work during the academic session for a minimum of 50 hours per unit of credit and may receive 1-6 credits. For purposes of corporate counsel externship work, the academic session is from the official start of classes to the last day of final exams. No academic credit may be earned for corporate counsel externship work outside this time period.

Academic requirements include: mandatory orientation, student journals submitted to the professor relating to the field placement work; discussion boards on legal practice topics; a three-five page reflective paper at the end of the semester; an externship work product for professor review; and an on-site supervisor evaluation showing satisfactory completion of work experience. The Externship is graded on a Pass-Fail basis.

If you have been offered and have accepted a field placement, meet the eligibility requirements, agree to meet the course obligations and want to register for the Externship course, fill out the Field Placement Form. The Office of Career and Professional Development will then confirm your placement and instruct you on registering for the course.

Contact lawcareers@sandiego.edu with placement questions. Contact Professor John Sansone, Academic Director, at jsansone@sandiego.edu with academic questions.

Note: There are limitations on JD concentration eligibility. Please check the JD concentrations web pages for more information. Contact Law Student Affairs to find out if your work in this internship qualifies for a concentration.
Additional Information: Concentrations, Law Student Affairs

Corporate Counsel Externship II (LWVL589)

Instructor(s): Beth Baier

1-4 credit(s), P/F Graded
Requirement(s): Experiential
Concentration(s): Intellectual Property Law, Employment and Labor Law, Intellectual Property, Business and Corporate Law, Health Law

Externship II students refine their skills, with a longer opportunity to specialize their training in a specific area. Externship II is limited to students who have previously worked at a Corporate Counsel Externship placement. Please refer to Corporate Counsel Externship I description for additional requirements.

Contact lawcareers@sandiego.edu with placement questions. Contact Professor John Sansone, Academic Director, at jsansone@sandiego.edu with academic questions.

Note: There are limitations on JD concentration eligibility. Please check the JD concentrations web pages for more information. Contact Law Student Affairs to find out if your work in this clinic qualifies for the concentration.
Additional Information: Concentrations, Law Student Affairs

Corporate Reorganization (LWTE510)

Instructor(s): M. Carr Ferguson

3 credit(s), Letter Graded
Concentration(s): Taxation, Business and Corporate Law, LLM in Taxation, LLM in Business and Corporate Law
Prerequisite(s): Tax I
Recommended Class(es): Corporate Tax

This course considers the tax treatment of corporations and shareholders in corporate acquisitive reorganizations, single corporation reorganizations and corporate divisions, including carryovers. Prerequisite: Tax I.  This class will have a take-home final exam.

 

Corporate Tax (LWTE560)

Instructor(s): Ariel Jurow Kleiman

3 credit(s), Letter Graded
Concentration(s): Taxation, Business and Corporate Law, LLM in Taxation, LLM in Business and Corporate Law
Prerequisite(s): Tax I

The course involves a study of the basic concepts of federal income taxation of C corporations and their shareholders, including organization of corporations; cash and stock dividends; redemptions of stock; partial and complete liquidations; sales of corporate businesses and reorganizations. Taxation of corporations is compared with taxation of partnerships, limited liability companies and S corporations. The emphasis is on careful analysis of Code provisions, Treasury Regulations, other administrative materials and important judicial decisions in relation to problems that are frequently assigned in advance of class discussion. 

Note: This is a required course for the Business and Corporate Law Concentration (JD).

Corporations (LWBC545)

Instructor(s): Thomas Smith

4 credit(s), Letter Graded
Concentration(s): Business and Corporate Law, LLM in Business and Corporate Law, Employment and Labor Law

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.

Note: This is a required course for the Business and Corporate Law Concentration (JD) and the LLM in Business & Corporate Law.

Corporations (LWBC545)

Instructor(s): Mark Lee

4 credit(s), Letter Graded
Concentration(s): LLM in Business and Corporate Law, Employment and Labor Law, Business and Corporate Law

The real subject matter of this course is the business issues that arise when people work together, how the laws of business organizations resolve these issues, and what a lawyer can do to custom tailor these resolutions. We will examine the laws of sole proprietorships, partnerships, limited liability companies, and especially corporations. When we turn to the law of corporations, we will focus on the relationships among shareholders, directors, and officers, their respective rights and duties. These rights and duties vary with context, one critical element of which is whether the corporation’s shares are publicly traded. To understand the significance of this element, one must understand some elementary financial economics, so the course will cover this topic.

Criminal Procedure I (LWCR520)

Instructor(s): Donald Dripps

3 credit(s), Letter Graded
Concentration(s): Criminal Law, Criminal Litigation

This course is limited to pre-trial matters, as effected by the fourth, fifth, and sixth amendments. Coverage will include arrest, search and seizure, wiretap, lineups, interrogation, and the exclusionary rules.

Note: This is a required course for the Criminal Litigation Concentration (JD).

Criminal Procedure II (LWCR525)

Instructor(s): Knut Johnson

3 credit(s), Letter Graded
Concentration(s): Criminal Law, Criminal Litigation
Prerequisite(s): Criminal Procedure I

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.

Note: This is a required course for the Criminal Litigation Concentration (JD).

Discrimination Law & Diversity (LWPP520)

Instructor(s): Roy Brooks

3 credit(s), Letter Graded
Concentration(s): Employment and Labor Law, Public Interest Law

This course is designed not only for the student who plans to practice civil rights or public interest law, but also for the student who plans to hold a position of leadership in a culturally diverse institution; e.g., corporations, schools, and governments. We will study modern civil rights perspectives that shape our understanding of discrimination law and diversity. Race is the primary galaxy in the civil rights cosmos. From there, other galaxies have formed—including gender, sexual orientation and identity, disability, and age. We will give attention to conservative, liberal, and critical perspectives that shape our civil rights laws and our understanding of diversity. Seminal civil rights cases (e.g., Brown v. Board of Education) and traditional topics in the field (e.g., school desegregation, housing discrimination, employment discrimination, affirmative action, and the Equal Protection Clause) will be studied. In addition, we will see how terms like “racism,” "sexism,” and “homophobia” are no longer seen as the only structural sources of inequality in culturally diverse institutions. Decidedly interdisciplinary, this course will give the student an opportunity to engage in innovative, out-side-of-the-box thinking regarding legal, cultural, and socioeconomic approaches to civil rights law and diversity. This class will be graded on the basis of class participation and a final exam.

Education & Disability Clinic I (LWVL550)

Instructor(s): Mimi Adams

2-4 credit(s), H/P/L/F Graded
Requirement(s): Experiential
Concentration(s): Children's Rights

Students receive practical training and experience in client intake, interviewing and counseling, file review and analysis, and legal representation in diverse forums. Some cases proceed to mediation and due process hearings, where students argue the case with support from the supervising attorney. Weekly group meetings are combined with individual case conferences to provide intensive personal training in case management. The classroom component also includes an overview of statutes and cases in this growing area of civil law. The clinic is graded on a 4-tier Pass-Fail basis. No prerequisites.

 

Note: This clinic may be applied towards the three required clinic credits for the Children's Rights Concentration (JD).
Additional Information: Children's Rights Concentration

Education & Disability Clinic II (LWVL551)

Instructor(s): Mimi Adams

1-4 credit(s), H/P/L/F Graded
Requirement(s): Experiential
Concentration(s): Health Law, Children's Rights

Clinic II interns refine their skills, working on complex cases and cases already begun as Clinic I interns. Students may mentor first time clinic participants, serve as lead attorney on cases, and have additional opportunities to appear in court or administrative proceedings. Supervising attorneys/adjunct professors provide individualized coaching, based on the Clinic II interns’ needs and interests. Prerequisite: Successful completion of Clinic I in the same clinic. The clinic is graded on a 4-tier Pass-Fail basis. 

Note: This clinic may be applied towards the three required clinic credits for the Children's Rights Concentration (JD). There are limitations on concentration eligibility. Please check the Health Law Concentration web page for more information.
Additional Information: Children's Rights Concentration, Health Law Concentration

Employee Benefits: Law & Policy (LWPP536)

Instructor(s): Staff

2 credit(s), Letter Graded
Requirement(s): Writing
Concentration(s): Employment and Labor Law

This course examines employee benefit plans in both a legal and policy context. We focus on pensions and health insurance, but also cover other benefit programs, including some new and novel benefits. They all pose important legal questions, and issues surrounding them are front and center in national policy debates. We will also look at how employer-provided benefits intersect with publicly-financed “social safety net” programs such as Social Security, Medicare and Medicaid, workers’ compensation, unemployment insurance and other statutory programs. Most classes will include at least one court case on the subject covered, plus a look at California-specific law and policy on the subject. Note that this is not an ERISA course as such, but we will cover ERISA basics and ERISA will be a consistent backdrop in the course. The final grade for the course will be based on your paper that will be eligible for written work credit.

Employment Discrimination (LWPP535)

Instructor(s): Miranda McGowan

3 credit(s), Letter Graded
Concentration(s): Employment and Labor Law

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.

Energy Law and Policy Clinic I & II (LWVL518)

Instructor(s): Joseph Kaatz

3 credit(s), H/P/L/F Graded
Requirement(s): Experiential
Concentration(s): Environmental and Energy Law, Public Interest Law
Prerequisite(s): Energy Law

The Energy Law and Policy Clinic provides students an opportunity to conduct legal and policy research in cooperation with a related agency, such as the California Public Utilities Commission (CPUC) and the California Air Resources board. Agency staff, EPIC staff, and students work together to select one or more energy-or-climate change-related legal or policy research topics. Under the supervision of a practicing attorney and EPIC staff, students conduct a semester-long research project on the selected topic(s). Students will present results to the agency staff at the end of the semester. The clinic is graded on a 4-tier Pass-Fail basis. 

Note: There are limitations on JD concentration eligibility. Please check the Environmental & Energy Law Concentration web page for more information.
Additional Information: Environmental & Energy Law Concentration

Entrepreneurship Clinic I (LWVL520)

Instructor(s): Liz Bui, Sebastian Lucier

2-4 credit(s), H/P/L/F Graded
Requirement(s): Experiential

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 starting 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. The clinic is graded on a 4-tier Pass-Fail basis. No prerequisites.

 

Entrepreneurship Clinic II (LWVL521)

Instructor(s): Liz Bui, Sebastian Lucier

1-4 credit(s), H/P/L/F Graded
Requirement(s): Experiential

Clinic II interns refine their skills, working on complex cases and cases already begun as Clinic I interns. Students may mentor first time clinic participants, serve as lead attorney on cases, and have additional opportunities to appear in court or administrative proceedings. Supervising attorneys/adjunct professors provide individualized coaching, based on the Clinic II interns’ needs and interests. Prerequisite: Successful completion of Clinic I in the same clinic.

Estate & Tax Planning Seminar (LWGC519)

Instructor(s): Adam Hirsch

3 credit(s), Letter Graded
Requirement(s): Writing
Corequisite(s): Trusts & Estates

The course covers topics in estate planning, including substantive planning strategies for beneficiaries with special needs, strategies for avoiding will contests, and basic tax planning. Students undertake will criticism exercises and are required to produce two drafts of a substantial research paper on a topic in the area of inheritance law, trust law, transfer taxation, or estate planning. Each student will present the first draft to the class for a substantive discussion and constructive analysis. The final draft is due at the end of the semester. Successful completion of this course satisfies the written-work requirement.

Ethics, Law & Int'l Affairs (LWJT515)

Instructor(s): Horacio Spector

3 credit(s), Letter Graded
Requirement(s): Writing
Concentration(s): International Law, LLM in International Law

Contemporary public policy and legal debates in both the domestic and international arenas involve an intricate network of moral, political, and legal considerations. The course’s goal is to throw light on the relations among these three fundamental realms: ethics, politics, and law. After a general introduction, we will proceed to discuss the following topics: conceptions of liberty and equality, democracy and public deliberation, human rights, conflicts of rights, corporate responsibility for human rights violations, and the rule of law. Our attention will be focused on cross-boundary issues: Is democracy more important than the rule of law? Does economic equality threaten liberty? Are welfare and social rights compatible with civil liberties in populist democracies? In the last part of the seminar, we will deal with complex global issues: wars and military interventions, terrorism, and global justice. Can military force be used to protect human rights? Should rich nations transfer money to poor countries? Should pharmaceutical patents be enforced in the undeveloped world? Are there immigration rights? Is there a global community? Each student will be required to write a research paper of 20 pages in length. Successful completion of this course satisfies the written-work requirement.

European Union Commercial Law (LWIC522)

Instructor(s): Staff

1 credit(s), Letter Graded
Concentration(s): International Law, Intellectual Property Law, Business and Corporate Law, LLM in International Law, Intellectual Property, LLM in Business and Corporate Law

As business is becoming more international so must the law and lawyers. In a world of international trade and transactions companies and their advisers need to have a global legal horizon. Until quite recently, it would not have made any practical sense to talk about an “EU commercial law”. However, due to the ongoing harmonization of the law of the EU countries a body of truly common European law is emerging from the melting pot of the national laws and traditions and EU institutions and courts. The course draws on the results of 30 years of continued and ongoing EU harmonization to provide US law students with an overview of some of the central aspects of European commercial law. The course focuses on the practical legal problems facing an American enterprise doing business in Europe but at the same time provides for a basic understanding of the EU legal framework. After a brief general introduction to EU law the course falls in two parts. Part I deals with the transfer of goods and covers such topics as general contract law (PECL Principles of European Contract Law), the EC directive on Unfair Contract Terms, and the EC directive on Products Liability. Part II deals with the trade in intangible rights notably patents and trademarks. This part opens with a general presentation of the European systems for the protection of inventions and trademarks. It then moves on to discuss aspects relating to the exercise of those rights in regard to the Treaty rules on the free movement of goods (“parallel importation” and the principle of “exhaustion of rights”) and to tech-trans agreements and other issues involving competition law. The course requires no prior knowledge of European law.  There will be a final exam scheduled in March.

Evidence (LWLP529)

Instructor(s): Jean Ramirez

4 credit(s), Letter Graded
Concentration(s): Criminal Law, Criminal Litigation, Civil Litigation

The rules of evidence in judicial tribunals, focusing on the Federal Rules of Evidence and the California Evidence Code are addressed in this course. Also covered are issues relating to: (1) judicial control and administration - functions of judge and jury, judicial notice, burden of proof presumptions, problems of relevancy, circumstantial evidence, and unfair prejudice; and (2) witnesses - competency, privileges, principles of examination and cross-examination, impeachment and support, expert and lay opinion testimony. The hearsay rule and its exceptions, rules relating to writings, real and scientific evidence are also examined. 

 

Note: This is a required course for the Civil Litigation (JD) and Criminal Litigation (JD) concentrations.

Evidence Advocacy Lab (LWLP530)

Instructor(s): Lisa Rodriguez

1 credit(s), H/P/L/F Graded
Requirement(s): Experiential
Concentration(s): Criminal Law, Criminal Litigation, Civil Litigation
Prerequisite(s): Evidence

This course is designed to familiarize students with the practical application of evidentiary points addressed in the traditional evidence course. Students focus on one or two evidentiary issues each week using a problem format. Each area of evidence is taught through performance. Each student is assigned as a proponent, opponent, witness and judge and is responsible for performing that role in class each week, and for submitting a short memo identifying the evidentiary issue and presenting the best approach to offering or opposing the evidence in court. The roles rotate each week. There is a new problem assigned each week. By the end of the semester, each student should be comfortably able to determine what it is he or she wished to accomplish in a courtroom with respect to specific evidentiary questions, and be able to structure the most logical, persuasive and trouble-free means to that end. The course is graded on a 4-tier Pass/Fail basis.

Experiential Advocacy Practicum (LWAA576)

Instructor(s): Linda Lane

1 credit(s), H/P/L/F Graded
Requirement(s): Experiential

The Experiential Advocacy Practicum is a one-year, two credit course that has been designed to provide first-year students with an overview of two major areas of legal practice, litigation and transactional work. The practicum will incorporate learning-by-doing skills exercises that will simulate advocacy tasks that junior attorneys will be expected to perform in practice. Students will work, both in teams and as individuals, with a fictional case file, which will allow them to complete tasks within a realistic but simulated context. The practicum will supplement the first-year curriculum by giving a practical view of the theoretical concepts students are learning in other first-year doctrinal courses

Family Law (LWFC540)

Instructor(s): Margaret Dalton

3 credit(s), Letter Graded
Concentration(s): Children's Rights

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.

Note: This is a required course for the Children's Rights Concentration (JD).

Federal Income Tax Accounting (LWTE531)

Instructor(s): David Bowen

3 credit(s), Letter Graded
Concentration(s): Taxation, LLM in Taxation
Prerequisite(s): Tax I

This course covers certain core, fundamental principles of Federal income-tax accounting, as set forth in the U.S. Internal Revenue Code, 26 USC, and the corresponding Treasury Regulations. The entire structure of the U.S. Federal income tax depends on an annual accounting period that assigns income, deductions, and other tax incidents to specific accounting periods. Accordingly, specific course coverage includes timing, character, tax years, accounting periods, methods of accounting, adjustments and readjustments between and among tax years, mitigation, and other relevant subjects, including certain procedural and administrative provisions. The course will provide a thorough understanding of the laws governing the proper realization, recognition, and reporting of the various items of income, deductions, credits and allowances that, collectively, determine a taxpayer's federal income-tax liabilities and obligations.

Federal Tax Clinic I (LWVL555)

Instructor(s): Richard Carpenter

2-4 credit(s), H/P/L/F Graded
Requirement(s): Experiential
Concentration(s): LLM in Taxation, Taxation
Prerequisite(s): Tax I

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 IRS personnel, and how to effectively resolve a client’s federal tax dispute. Students must also be available to participate in Tax Clinic Outreach presentations at various community locations and times. The clinic is graded on a 4-tier Pass-Fail basis. Prerequisite: Tax I

 

Federal Tax Clinic II (LWVL556)

Instructor(s): Richard Carpenter

1-4 credit(s), H/P/L/F Graded
Requirement(s): Experiential
Concentration(s): LLM in Taxation, Taxation
Prerequisite(s): Tax I

Clinic II interns refine their skills, working on complex cases and cases already begun as Clinic I interns. Students may mentor first time clinic participants, serve as lead attorney on cases, and have additional opportunities to appear in court or administrative proceedings. Supervising attorneys/adjunct professors provide individualized coaching, based on the Clinic II interns’ needs and interests. Prerequisite: Successful completion of Clinic I in the same clinic. The clinic is graded on a 4-tier Pass-Fail basis. 

Fundamentals of Bar Exam Writing (LWGC520)

Instructor(s): Kevin Sherrill, Allison Simkin, Tony Roberts

2 credit(s), H/P/L/F Graded

This course is designed to help graduating students transition to bar study. The course addresses both the performance test portion of the exam and the essay portion. Students will learn studying techniques and strategies that will help them in their bar studies. Students will improve their skills in analyzing and solving bar essays and performance tests and communicating legal analysis in writing. However, this course is not a substitute for a commercial bar review course.

Exam taking is a conglomeration of different skills, which can be taught, practiced, and learned. The bar exam is fundamentally different from law school exams and requires particularized skills—among them the ability to study and retain multiple subjects simultaneously. This course is therefore designed to help students transition into bar study, prepare students to respond appropriately to bar exam questions, and reinforce students’ legal reasoning and writing skills.

Health Care Reform (LWGC578)

Instructor(s): Mila Sohoni

3 credit(s), Letter Graded
Requirement(s): Writing
Concentration(s): Health Law

Since its enactment in 2010, the Affordable Care Act has had enormous effects upon insurers, businesses, medical practitioners, and individual consumers of health care. It has also had significant consequences in the areas of constitutional law, statutory interpretation, and administrative law. In this course, we will examine health care reform’s broader implications for these domains of public law. Our primary focus will be on the Affordable Care Act’s statutory and regulatory framework and on the legislative, administrative, and judicial responses to that framework. The final grade for the class will be based primarily on an approved-topic paper, satisfactory completion of which will satisfy the writing requirement for graduation. Class attendance and participation will also be considered.

Note: This course may be applied as part of the nine required credits for the Health Law Concentration (JD).
Additional Information: Health Law Concentration

Honors Moot Court Competition (LWWI559)

Instructor(s): Michael Devitt

1 credit(s), H/P/L/F Graded
Requirement(s): Experiential

This course is designed to provide students with the opportunity to refine their written and oral advocacy skills by providing instruction in both the appellate process and the proper techniques involved in brief writing and oral argument. This course will focus upon an appellate case and will include discussions with leading scholars in the law, judges, and/or practicing attorneys. The Paul A. McLennon, Sr. Honors Moot Court Competition will consist of several rounds of competition, culminating in the Final Round competition held before a distinguished panel of judges. Participants in this competition will meet their course obligations by completing a satisfactory moot court brief of required length and form, conducting oral arguments on the selected problem, and attending four mandatory classes.

Human Trafficking (LWCR538)

Instructor(s): Staff

2 credit(s), Letter Graded
Concentration(s): Criminal Law, Criminal Litigation, Children's Rights

Increased globalization and the internet have brought instances of human trafficking and child exploitation to unprecedented levels. As a result, the criminal justice system stands at a historic crossroad. We will review and discuss the various Title 18 crimes associated with human trafficking and child exploitation, accompanied by the relevant case law. We will also review the various methods of proof used by prosecutors to combat these crimes. This course will involve a written exam at the end of the semester designed to evaluate the student's understanding of the law and the challenges that are encountered during the investigation and prosecution of a human trafficking case.

Immigration Clinic I (LWVL530)

Instructor(s): Sandra Wagner

2-4 credit(s), H/P/L/F Graded
Requirement(s): Experiential
Concentration(s): LLM in International Law, International Law, Public Interest Law

Students gain practical experience through interviewing, counseling, and representing clients with immigration-related problems. Students have the opportunity to assist clients with a range of immigration issues such as naturalization, lawful permanent residency, derivative citizenship, deferred action, and U-visa and VAWA for domestic violence and abuse victims. Students may attend U.S. Citizenship and Immigration Services interviews related to their client’s applications. Students may also attend and participate in community immigration outreach. Weekly meetings are held with the clinic supervisor and other interns to discuss immigration law, practical application and casework. The clinic is graded on a 4-tier Pass-Fail basis. No Prerequisites.

 

Immigration Clinic II (LWVL531)

Instructor(s): Sandra Wagner

1-4 credit(s), H/P/L/F Graded
Requirement(s): Experiential
Concentration(s): LLM in International Law, International Law, Public Interest Law

Clinic II interns refine their skills, working on complex cases and cases already begun as Clinic I interns. Students may mentor first time clinic participants, serve as lead attorney on cases, and have additional opportunities to appear in court or administrative proceedings. Supervising attorneys/adjunct professors provide individualized coaching, based on the Clinic II interns’ needs and interests. Prerequisite: Successful completion of Clinic I in the same clinic. The clinic is graded on a 4-tier Pass-Fail basis. 

Immigration Law (LWIC529)

Instructor(s): Staff

3 credit(s), Letter Graded
Concentration(s): International Law, LLM in International Law

This is a general survey course on the topic of U.S. immigration and nationality law. This class will introduce substantive immigration law and procedure, core immigration statutes and federal regulations, and interrelationship of federal agencies that affect U.S. immigration law and policy. Depending on availability, guest speakers may be invited to give a practical understanding of immigration law and policy. Prerequisites: none. Grades will be based on a proctored final examination.

In-House Corporate Counseling (LWBC567)

Instructor(s): Stephen Ferruolo, Steven Spector, Dennis Stryker

2 credit(s), Letter Graded
Concentration(s): Business and Corporate Law, LLM in Business and Corporate Law, Employment and Labor Law
Prerequisite(s): Corporations

In-house lawyers practice in the law departments of for-profit business entities, non-profits, and in government at the federal, state, and local levels. (It is estimated that 20 to 30% of all lawyers will practice in-house at some time in their careers.) This course will be conducted by Dean Stephen C. Ferruolo with experienced corporate counsel from San Diego based corporations. Topics to be addressed include: The Roles of the In-house lawyer; Professional Responsibility Issues for In-house Lawyers; Practicing Preventive Law; Corporate Business Ethics Programs; Compliance Programs and Internal Investigations; Corporate Governance Best Practices; Risk Management and Crisis Management; Why and How to Teach Your Clients Contracts 101; Litigation Outside Counsel Management; Trade Secrets and Intellectual Property; International Operations and Transactions; Counseling the Public Company Board and Officers, Shareholder Meetings, and Compliance with Federal and State Securities Laws. The class will also discuss what In-House lawyers should know about labor and employment law, and accounting and finance.

Income Tax of Trusts & Estates (LWTE536)

Instructor(s): Ann Harris

2 credit(s), Letter Graded
Concentration(s): Taxation, LLM in Taxation
Prerequisite(s): Tax I, Trusts & Estates
Recommended Class(es): Federal Estate & Gift Taxation

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. 

 

Int'l Estate Planning (LWTE538)

Instructor(s): Patrick Martin

2 credit(s), Letter Graded
Concentration(s): Taxation, LLM in International Law, LLM in Taxation, International Law
Prerequisite(s): Tax I

The course will address U.S. federal taxation issues (both income and transfer taxes) for multi-national families in this modern day of global living, investment and travel. A detailed review of the income tax rules under Subchapter J and the transfer tax rules for persons who are not U.S. persons will be addressed. Additionally, strategic planning considerations will address pre-immigration and emigration taxation and estate/wealth planning. Grades will be based on quizzes, take home assignments/projects and a final exam.

Intellectual Property Law Speaker Series (LWIP555)

Instructor(s): Ted Sichelman

1 credit(s), P/F Graded
Concentration(s): Intellectual Property Law, Intellectual Property
Prerequisite(s): See course description

The IP Law Speaker Series will feature seven distinguished speakers, typically leading academics, during the course of the semester. The speakers will address a variety of topics in patent, trademark, copyright, and trade secret law. Attendance at all seven speaker sessions is required. Students will draft a 1-2 page comment for each presented paper, which will be graded pass/fail. Students must have taken a course in some area of intellectual property, or have work experience in the field, to register for the course. This class meets in the Faculty Reading Room (WH 201) on 1/10, 1/24, 2/07, 2/21, 3/14, 3/28 & 4/11/ 2019.

International Arbitration (LWIC530)

Instructor(s): David Brennan

3 credit(s), Letter Graded
Requirement(s): Experiential
Concentration(s): International Law, LLM in International Law

The course covers all aspects of international arbitration from drafting of the arbitration agreement through initiating and conduct of the arbitration proceeding that results in a binding and enforceable award. The class encourages students’ pro-active participation in a sequence of written submissions for the arbitration proceeding based on a fictional rolling fact-pattern problem. This practicum allows students to work in teams or individually presenting arguments during class sessions in a mock-arbitral tribunal setting to address a spectrum of arbitration and procedural issues. The course objectives are to provide a thorough knowledge of international arbitration laws, and an understanding of the procedural and practice requirements, and to acquire the ability to perform the steps and strategies to effectively conduct an arbitration case on behalf of a client. The UNCITRAL Model Law (2006) will be a primary focus of the study. California’s Arbitration Act is similar to the Model Law so the course information is useful for future domestic arbitrations. The final grade is based on a combination of the class work and the practicum with a take-home final examination. The class-related work counts for 35% and the take-home exam for the other 65% of the grade.

Note: This class is the equivalent of LWYL 545

International Energy Law (LWIC542)

Instructor(s): Nilmini Silva-Send

3 credit(s), Letter Graded
Requirement(s): Writing
Concentration(s): International Law, Environmental and Energy Law, LLM in International Law

This contemporary 3-part course introduces students to international law applied to the interaction between states of energy investment, international trade and climate change. In the first part, the course assesses treaties between major energy players including nation states, national oil companies (e.g., Pemex, Statoil) and multinational companies (BP, Exxon). In a second part, the resolution of energy investment disputes through international arbitration case law will be examined. How climate change law is affecting international energy investment will be assessed. In the third part, the effect of national low carbon policies on world trade law will be examined through current WTO case law. The final grade for the course will be based on your paper that will be eligible for written work credit.

International Environmental Law (LWIC539)

Instructor(s): Catherine MacKenzie

2 credit(s), Letter Graded
Requirement(s): Writing
Concentration(s): LLM in International Law, Environmental and Energy Law, International Law

This course introduces students to international environmental law and considers how law may be used to enhance international environmental protection. It commences with an overview of the international legal system in the context of environmental protection. It then discusses the history, development, sources and principles of international environmental law and reviews the role of the UN and other international agencies in the context of international environmental law-making. Next, it considers issues of particular interest to the United States. These may include climate change, energy, biodiversity and biotechnology, transboundary water, forests and protected areas, and environment and trade. It concludes by considering the resolution of international environmental disputes including international responsibility, the role of international courts and tribunals and the quantification of environmental harm.  

International Human Rights (LWIC543)

Instructor(s): Dustin Sharp

3 credit(s), Letter Graded
Concentration(s): International Law

he course begins by examining the philosophical and political bases for the international human rights idea, probing the ongoing debate over universality, culture and human rights. We will also begin to examine the normative pillars of international human rights law. In the second part of the course, we will analyze various challenges and dimensions of human rights enforcement, including the main United Nations and regional systems and the advocacy work of NGOs and human rights activists. In the third part of the course, we will look at the ways in which international law (including both international human rights law and international humanitarian law) addresses (or fails to address) the realities of armed conflict. This will include a discussion of the prosecution of atrocity crimes by the International Criminal Court and the idea of using armed force to prevent mass atrocities in the first place (involving the so-called “responsibility to protect,” also known as R2P). In the final part of the semester, we will engage in a more in-depth examination of several distinct human rights issues: torture, women’s rights, and the complexities of applying human rights frameworks to non-state actors such as transnational corporations. In all this, the course aims to provide students with a broad working knowledge of human rights at the level of intellectual theory and discourse, as well as a realm of concrete, “real world” action, controversy, and struggle. The final course grade will be based on a written paper, an oral presentation, and several short assignments. Please be advised that this course does not fulfill the law school’s written work requirement. This class starts on Tuesday, January 29, 2019

Intro to US Law (LWGC530)

Instructor(s): Horacio Spector

2 credit(s), Letter Graded

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.

Note: This course is for LLMC students only.

Judicial Externship (LWVL598)

Instructor(s): Shaun Martin

1 - 6 credit(s), P/F Graded
Requirement(s): Experiential
Concentration(s): Employment and Labor Law, Criminal Litigation, Civil Litigation
Prerequisite(s): Preferred: First-Year Curriculum, Trial Advocacy- (trial-court placements), Criminal Procedure (appellate-court placements), Criminal Procedure (magistrate judge placements), Criminal Procedure (criminal-dept. placements)

The Judicial Internship Program allows students to receive academic credit for work in a judge's chambers in San Diego. Students must work 50 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 Martin, who will meet with students individually, and review samples of the student's refelctive and written work from the internship. Students can secure their own internship position or can meet with Professor Martin for guidance in securing a placement. The internship is graded on a pass/fail basis. Students must receive approval from Professor Martin to register for this program.

 How to Register For A Judicial Externship For Credit

Note: Students must receive approval from Professor Martin to register for this program. There are limitations on JD concentration eligibility. Please check the concentration web pages for more information.
Additional Information: JD Concentration Web Page, Application

Labor Law (LWLP545)

Instructor(s): Richard Paul

2 credit(s), Letter Graded
Concentration(s): Employment and Labor Law

This course offers an introduction to federal labor laws that effect organization, negotiation, collective bargaining relationships, and enforcement of negotiated labor agreements in the private sector. The course will examine National Labor Relations Board rules and procedures, federal court jurisdiction, labor arbitration, the rights of individual union members, and the increasing reach of NLRB rulings into non-unionized workforces. The course will also consider somewhat different issues of labor law and regulation in the public sector. This course will not consider other employment laws, employment litigation, or alternative dispute resolution procedures that are covered in other classes offered by the School of Law or the employee benefits class offered by the Graduate Tax Institute. This class requires no prerequisite course work.

Note: This course may be applied as part of the nine required credits for the Employment and Labor Law Concentration (JD).
Additional Information: Employment & Labor Law Concentration (JD)

Law of the Sea (LWIC560)

Instructor(s): Nilmini Silva-Send

2 credit(s), Letter Graded
Requirement(s): Writing
Concentration(s): Environmental and Energy Law, LLM in International Law, International Law

Starting with the historic legal defense for the law of the sea with excepts from “ Mare Liberum”(in English, 1609, Grotius), students will examine the distribution of authority, and rights and obligations in the territorial and high seas, of flag states, coastal states and port states as laid out today in the Law of the Sea Convention (LOSC). The LOSC is the most significant and most adhered to of all international law treaties. Other treaties governing marine pollution, and liability, and LOSC provisions related to the movement of refugees and human rights will also be covered. A field trip to the Scripps Institution of Oceanography will illustrate the importance of nautical charts to the LOSC, and practical legal issues related to marine research in the high seas and territorial seas of states. The final grade for the course will be based on your paper that will be eligible for written work credit.

Legal Writing & Research II (LWAA546)

Instructor(s): Elisa Brandes, Lisa Cannon, Leah Christensen, Wendy Garewal, Gail Greene

2 credit(s)

Legal Writing and Research (LWR) II introduces students to persuasive legal writing and oral argument. Through a series of assignments, students focus on the analytical, research, and writing skills required to produce effective legal briefs. Students are also trained in the art of oral advocacy and required to deliver an oral argument based on their legal briefs before a panel of attorneys. The course is offered in small sections with low student-faculty ratios so that faculty may provide individualized and frequent feedback on student work. Required for first-year students.

Legal Writing & Research, LLMC (LWGC560)

Instructor(s): Staff

2 credit(s), H/P/L/F Graded

This course, which is offered only to students in the LLM in Comparative Law program, focuses on providing students with: (1) a broad overview of the structure of the U.S. legal system; (2) techniques for successful research , writing and practice of law in the U.S. courts; (3) an introduction to the objective analytical skills that promote success in coursework and in the profession; (4) an introduction to persuasive writing techniques; and (5) techniques for success in class and examinations. The course has a very low student-faculty ratio and faculty carefully review each student’s research and writing assignments. Students are provided opportunities to meet with their professor and revise their written work.

Legislation in the Modern State (LWPP549)

Instructor(s): Gail Heriot

2 credit(s), Letter Graded
Concentration(s): Public Interest Law

This course will be focused in part on how our governmental institutions are constructed to ensure that Congress and state legislatures pass, and that other branches of government implement legislation in a manner that is in the public interest. Attention will also be given to how Congress in particular drafts laws knowing those law will ultimately be implemented by others-whether the President, administrative agencies, private litigants, courts or some combination of these. Several case studies will be examined. Although this is not a course on legislation generally nor administrative procedure generally, it has some elements of each as well as elements of public choice theory. It will feature a final examination.

Mediation Skills (LWLP556)

Instructor(s): Lisa Maxwell

2 credit(s), H/P/L/F Graded
Requirement(s): Experiential
Concentration(s): Employment and Labor Law, Civil Litigation

Mediation is a process by which a trained and impartial third party helps others resolve a dispute. Lawyers use mediation extensively, both as advocates and as neutrals. Participants will learn to mediate a variety of disputes, using the methodology developed by San Diego's National Conflict Resolution Center (NCRC). They will receive a certificate of participation upon their successful completion of the training. Participants must commit to attending each of the training sessions as a condition of enrollment. Enrollment is limited to 36 participants. This course is graded on a 4-tier Pass-Fail basis. Once trained in mediation, students have the opportunity to mediate litigated disputes filed in Small Claims Court in downtown San Diego with NCRC. Students that have completed the Mediation Skills Training are eligible and can complete and submit a Field Placement Form online to the USD Office of Career and Professional Development to receive school credit through an Agency Externship with NCRC. For additional information, please refer to the Career Services website. Note: There are limitations on concentration eligibility. Check the Civil Litigation Concentration (JD) and Employment and Labor Law Concentration (JD) web pages for more information.

Note: There are limitations on concentration eligibility. Check the Civil Litigation Concentration (JD) and Employment and Labor Law Concentration (JD) web pages for more information.
Additional Information: Civil Litigation Concentration, Employment and Labor Law Concentration

Medical Malpractice (LWGC577)

Instructor(s): Richard Barton, Dov Fox

2 credit(s), H/P/L/F Graded
Requirement(s): Experiential
Concentration(s): Health Law, Civil Litigation

Welcome to The Anatomy of a Medical Malpractice Case for Physicians and Lawyers. Approximately 85,000 medical malpractice cases are filed throughout the United States each year. With medical technology and the practice of medicine constantly evolving, physicians and medical facilities are tasked with meeting higher standards of quality care. For many physicians, the potential for lawsuits cast a long shadow over the practice of medicine.

This class, taught by attorneys and including practicing physicians, will attempt to answer many questions about the realities of medical malpractice litigation in an interdisciplinary context. It will combine law students and medical residents learning together to enhance an understanding of their respective milieus. The course will examine what causes patients to seek out a lawyer after a complication; the frequency of lawsuits and costs associated with the current tort system; how the potential for litigation impacts physicians in their daily practice; and the dynamics of the various stages of litigation, from inception of the lawsuit through trial. Law students and medical residents will learn about the importance of the burden of proof and the “standard of care,” informed consent, documentation and communication with other healthcare providers, defensive medicine, the procedures for taking and defending expert depositions, how to prepare for trial, as well the practical realities and ramifications of settlement or verdict, including reporting to licensing and regulatory bodies.

The objective of the course will be to give law students the experience of handling a medical malpractice case from start to finish, including learning how to effectively represent a physician, take a deposition, and prepare for trial. For medical residents, this course will provide insight into the legal field, aid in the understanding of the mechanics of a lawsuit, and provide a practical understanding of how the legal system actually functions.

Mergers & Acquisitions (LWBC570)

Instructor(s): Thomas Smith

3 credit(s), Letter Graded
Concentration(s): Business and Corporate Law, LLM in Business and Corporate Law
Prerequisite(s): Corporations

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. Students with substantial background in related areas may take Corporations concurrently, with permission. There will be a final exam in the class.

Mock Trial (LWWI550)

Instructor(s): Francis DiGiacco

2 credit(s), P/F Graded
Requirement(s): Experiential
Concentration(s): Criminal Law, Criminal Litigation, Civil Litigation

Mock Trial is a competitive trial advocacy experience in which students learn techniques for effective and persuasive advocacy for trial as they prepare to compete in tournaments against teams from other law schools. Only students selected to compete as part of the National Mock Trial Team may register.

Moot Court (LWWI555)

Instructor(s): Michael Devitt

1 credit(s), P/F Graded
Requirement(s): Experiential

One credit may be awarded to participating team member who represent USD in inter-school moot court competitions, whether administered by the Moot Court Board or supervised directly by a USD faculty member. A person may receive no more than one credit under this paragraph during the law school career.

Multistate Bar Exam Review (LWGC576)

Instructor(s): Michael Kelly, Ted Sichelman

4 credit(s), Letter Graded

The MBE is given as part of the bar exam in nearly all U.S. jurisdictions. Students in this course will take MBE questions each week using online software (also accessible from tablets and smartphones), which tracks each student’s strengths and weaknesses in every substantive area of the bar exam (constitutional, criminal, real property, torts, contracts, evidence, and civil procedure). The online software will provide real-time review material for each area of the law. Students will also have the opportunity to complete some questions in paper format with scantron forms, just as they will on the actual bar exam.

While review of the relevant substantive law is a prerequisite to complete many of these questions, the class is not designed to replace a commercial bar review course. Instead, students will get a chance to review the substantive law, while also learning the necessary test-taking skills required to do well on the MBE. Therefore, this class will not include substantive law lectures, though some coverage of challenging topics will occur.

Every attempt will be made to make sure the questions in this course will not be the same as most of the questions that are provided in commercial summer bar preparation courses. However, there may be some small overlap, especially with Themis which licenses some of the same questions. Only students planning to graduate in May or December 2018 may register for the course.

Negotiation (LWLP560)

Instructor(s): Herbert Lazerow, Virginia Nelson Andrews, Susan Hack

3 credit(s), H/P/L/F Graded
Requirement(s): Experiential
Concentration(s): Business and Corporate Law, Employment and Labor Law, LLM in Business and Corporate Law, Civil Litigation

Effective negotiation skills are essential to the successful practice of law. Most legal disputes are resolved through direct negotiation. This course will teach students effective communication techniques and negotiation strategies in a workshop style setting. The course will introduce students to different types of bargaining, different approaches to bargaining, specialized communication techniques used by effective negotiators, and techniques for overcoming negotiating impasses. Negotiation practices will be taught using both lecture and experiential methods (interactive exercise, role play exercises). This course will be practical in its orientation, with an emphasis on prevailing negotiation techniques and strategies customarily used by practicing lawyers. Due to the participatory nature of the course, enrollment will be limited. Grades are based upon in class participation, in class exercises, student reflection/self-assessment, and homework assignments. The course is graded on a 4-tier Pass/Fail basis. 

Note: There are limitations on concentration eligibility. Check the Business and Corporate Law Concentration (JD), Civil Litigation Concentration (JD), Employment and Labor Law Concentration (JD) web pages for more information.
Additional Information: Business and Corporate Law Concentration, Civil Litigation Concentration

Non-Profit Law (LWTE562)

Instructor(s): Miranda Perry Fleischer

3 credit(s), Letter Graded
Concentration(s): Taxation, LLM in Taxation

This course takes a life-cycle approach to examine the legal and policy issues raised by non-profits. It covers the formation of a non-profit under state law, qualification for federal tax exemption, fiduciary duty issues, restrictions on private benefit and political activity, the unrelated business income tax, the charitable deduction, and the private foundation rules. Throughout the course, attention will also be paid to the broader social questions raised by giving, charities, and philanthropy. Grade determined by final examination. Prerequisite: Tax I is recommended but not required.

Patent Law Policy (LWIP564)

Instructor(s): Staff

2 credit(s), Letter Graded
Requirement(s): Writing
Concentration(s): Intellectual Property Law, Intellectual Property
Prerequisite(s): See course description

This seminar will examine contemporary policy issues in patent law, using doctrinal, economic, and historical approaches, including practical perspectives and implications in patent prosecution, patent licensing and partnerships, patent litigation, and patent deal work. Readings will be drawn from a variety of law review articles and books. Grades will be based on a final paper. Students must either (1) have taken at least one of the following courses: Intellectual Property Survey, Patent Law, or Biotech Patent Law; or (2) must have taken and passed the USPTO patent bar examination.

Patent Litigation II (LWIP569)

Instructor(s): Alan Blankenheimer

2 credit(s), H/P/L/F Graded
Requirement(s): Experiential
Concentration(s): Intellectual Property Law, Intellectual Property
Prerequisite(s): See course description

This course will examine what all the work in a patent case really should be about from the first day: the trial. You’ve produced and read terabytes of documents, answered oppressive interrogatories and taken depositions of your opponents’ evasive witnesses. The judge has ruled on claim construction and denied cross-motions for summary judgment. Now you get to put the case together for trial. The course will be structured around hypotheticals, which will generate writing and oral advocacy assignments for members of the class. The class will be fundamentally interactive, although we may lecture occasionally. Oral advocacy will include an opening statement; direct examination of an expert technical witness, including preparation of demonstrative exhibits; cross examination of an expert technical witness; and preparation and argument of motions in limine. Grading will be honors/pass/low pass/fail based on in-class written and oral assignments. There will be no final exam. Prerequisites are at least one of the following: Patent Law, Intellectual Property Survey, Patent Litigation I, or registered patent agent. Recommended prerequisites are Patent Litigation I.

Patent Prosecution (LWIP571)

Instructor(s): Derek Dailey, Mark Abumeri

2 credit(s), Letter Graded
Concentration(s): Intellectual Property Law, Intellectual Property
Prerequisite(s): Intellectual Property Survey or Patent Law

This course provides an overview of practical aspects of U.S. patent practice, with a particular focus on issues that will be faced by a patent attorney in the early years of his/her career. Topics covered include preparation and prosecution of patent applications before the U.S. Patent and Trademark Office, discussing strategic and practical considerations in addition to the applicable law, regulations and procedures. The course will also cover development and execution of an IP strategy for a client, evaluation of the scope of issued patents, and issues relating to ownership, assignment, and licensing of patent rights. In addition, ethical issues related to inequitable conduct, duty of candor, and proper representation of clients are addressed. Students will complete a series of real-world assignments, including the drafting of claims and other patent application content, responses to Office actions, and provisions directed to the transfer of patent rights.

Prerequisite: Intellectual Property Survey, or Patent Law. No technical background is required. Grade will be based on a series of practical projects over the course of the semester.

Note: Students must have taken Patent Law or Intellectual Property Survey, or have work experience in the field and permission of the professor, to register for the course.

Payroll Taxes (LWTE548)

Instructor(s): Staff

1 credit(s), Letter Graded
Concentration(s): Taxation, LLM in Taxation
Prerequisite(s): Tax I

The purpose of this course is to understand the structure of payroll taxes and the new 3.8% tax on net investment income and also to consider the broader issues which these taxes raise. We will not get into the fine print (e.g., should you be withholding FICA on what you pay your babysitter?), but will discuss, for example, the effect of the rules on choice of entity or a structure used to carry on a business (such as the choice between a partnership and an S corporation or between a limited liability company and a limited partnership), the alignment of the taxes with the personal income tax and other connections between “social insurance” programs and the personal income tax. Broader issues include, for example, whether it makes a difference whether these are taxes are viewed as taxes on income or simply as payments made for specific retirement and/or medical benefits (and, depending on how that is answered, whether it might make sense to fund more of the benefits out of general revenues, not payroll taxes and the tax on NII). This class will have a final exam in February. 

Professional Responsibility (LWAA580)

Instructor(s): Robert Muth

3 credit(s), Letter Graded

The roles of the lawyer in society and the obligations implied in those roles are examined. Topics include disciplinary standards and procedures, the history and organization of the legal profession; avoiding conflict of interest; obligations to clients, the courts, and society, and conflicts presented by the adversary system for settlements of disputes; and responsibilities of lawyers as public servants and citizens. American Bar standards will be reviewed.

Property (LWAA530)

Instructor(s): Abraham Bell, Adam Hirsch, Mary Jo Wiggins

4 credit(s), Letter Graded

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

Public Interest Law & Practice (LWPP570)

Instructor(s): Robert Fellmeth, Bridget Gramme

2-3 credit(s), Letter Graded
Requirement(s): Experiential
Concentration(s): Environmental and Energy Law, Public Interest Law, Health Law, Children's Rights

Public Interest Law & Practice (PILP) is a yearlong graded course in which students learn the substantive law governing the operation and decisionmaking of California regulatory agencies. Students may take the course for four or five units. Public interest lawyers represent interests that are diffuse, unorganized, and generally underrepresented - such as consumers, the environment, children, and the future - in governmental decisionmaking that affects them. PILP focuses on specific laws that enable public interest lawyers to effectively advocate for their clients. Specifically, PILP students study the sunshine statutes which require most agency decisionmaking 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 a major California agency; they travel all over the state to attend agency meetings; monitor and analyze agency activities, interview agency officials and licensees; and track rulemaking, legislation, and litigation affecting their agency. Twice during the year, students submit a written report covering the activities of their assigned agency, including recent legislation and court decisions affecting the agency and its licensees, which may be published. Students will also give public comment before their assigned agency during the spring semester, and participate in various simulated advocacy exercises in class throughout the academic year.

Note: This is a required course for the Public Interest Law Concentration (JD). This course only counts towards the Environmental and Energy Law Concentration (JD) if your course focus is on environmental or energy law. This course only counts towards the Health Law Concentration (JD) if your course focus is on health law.
Additional Information: Public Interest Concentration, Environmental and Energy Law Concentration

Public Interest Law Clinic (LWVL544)

Instructor(s): Robert Fellmeth

1-3 credit(s), H/P/L/F Graded
Requirement(s): Experiential
Concentration(s): Environmental and Energy Law, Public Interest Law, Health Law

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. The clinic is graded on a 4-tier Pass-Fail basis.

Note: There are limitations on JD concentration eligibility. Please check the Environmental and Energy Law Concentration and Health Law Concentration web pages for more information.
Additional Information: Environmental and Energy Law Concentration, Health Law Concentration

Public International Law (LWIC575)

Instructor(s): Frederick Heller

3 credit(s), Letter Graded
Concentration(s): International Law, LLM in International Law, Public Interest Law

Instant communications, easier travel and expanding international trade mean the actions, interests and welfare of nations and their citizens have become increasingly intertwined, each impacting the others. To regulate this impact, nations have established a multi-level system of law, and some have established multinational organizations which in turn have their own legal systems. This class will survey key components of the resulting aggregation of law (known generally as public international law). It will examine laws governing treaties and other international agreements, the nature and content of customary international law, the recognition of states and governments, the role and operation of international and regional organizations, state responsibilities, laws protecting foreign investments, international dispute resolution mechanisms, the law of the sea and the law of space, and selected other topics. The class will also examine selected controversies of the day to assess how public international law works in difficult situations (for example, in North Korea, Syria, Myanmar, Crimea, Kurdistan and many other places).

Note: This is a required course for the International Law Concentration (JD).

Real Estate Transactions (LWBC577)

Instructor(s): Chris Wonnell

2 credit(s)

This course covers the practical aspects of real property transactions, both residential and commercial. Topics include purchase & sale transactions, escrows, title insurance, options, deeds and title issues, leases, basic financing transactions, brokers and agents, and applicable documents. The course builds on the broader conceptual concepts covered in the Property course, and examines the application of those concepts used by practitioners in advising their clients in transactions.

REIT's (LWTE550)

Instructor(s): Staff

1 credit(s), Letter Graded
Concentration(s): Taxation, LLM in Taxation

In this course, we take an in-depth look at the U.S. federal income taxation of “real estate investment trusts” (“REITs”) and related real estate transactions, including: the history and purpose of REITs; the primary tax requirements applicable to REITs; the structure of common REIT transactions, including “UPREIT” formations, real estate contributions and M&A transactions; and the use of REITs by private investment funds. Classwork and course materials will incorporate a close review and analysis of multiple sources, including the Internal Revenue Code and related authorities, the SEC filings of publicly traded REITs and examples of contractual agreements related to REIT transactions. Grades will be based on an in-class, open-book final exam.

Remedies (LWLP570)

Instructor(s): Mary Jo Wiggins

4 credit(s), Letter Graded
Concentration(s): Public Interest Law, Civil Litigation, Children's Rights

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.

Note: This is a required course for the Civil Litigation Concentration (JD).

Scientific Evidence (LWCR570)

Instructor(s): Howard Shore

3 credit(s), Letter Graded
Requirement(s): Writing
Concentration(s): Criminal Law, Criminal Litigation
Prerequisite(s): Evidence

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. 

State Income Tax Clinic I (LWVL560)

Instructor(s): Craig Shaltes

2-4 credit(s), H/P/L/F Graded
Requirement(s): Experiential
Concentration(s): LLM in Taxation, Taxation

This litigation clinic, also known as the "Tax Appeals Assistance Program (TAAP) - Franchise and Income Tax," is a joint effort between the USD Legal Clinics and the California Department of Tax and Fee Administration (CDTFA). Under supervision of an attorney from the CDTFA’s Taxpayer Rights Advocate Office, students assist taxpayers with state income tax disputes against the California Franchise Tax Board (FTB). Students receive legal practice skills training, including gathering and identifying evidence, drafting legal briefs, and representing clients/taxpayers in negotiations with the FTB and at oral hearings before the California Board of Equalization or the California Office of Tax Appeals

State Income Tax Clinic II (LWVL561)

Instructor(s): Michael Larkin

1-4 credit(s), H/P/L/F Graded
Requirement(s): Experiential
Concentration(s): LLM in Taxation, Taxation

Clinic II interns refine their skills, working on complex cases and cases already begun as Clinic I interns. Students may mentor first time clinic participants, serve as lead attorney on cases, and have additional opportunities to appear in court or administrative proceedings. Supervising attorneys/adjunct professors provide individualized coaching, based on the Clinic II interns’ needs and interests. Prerequisite: Successful completion of Clinic I in the same clinic.

State Sales & Use Tax Clinic I (LWVL562)

Instructor(s): Craig Shaltes

2-4 credit(s), H/P/L/F Graded
Requirement(s): Experiential
Concentration(s): LLM in Taxation, Taxation

This clinic is a joint effort between USD Legal Clinics and the California State Board of Equalization (BOE). Under the supervision of an attorney from the BOE’s Taxpayers' Rights Advocate Office, students will represent clients who are appealing California Sales and Use Tax determinations (tax bills). Students will have the opportunity to gain practical legal skills including client interview and counseling, evidence gathering, preparing legal briefs, and actual negotiation with auditors and attorneys. Furthermore, when necessary, students will have the opportunity to represent clients in a litigation setting at Appeals Conferences (informal hearings) and Oral Hearings (similar to court trials).

 

State Sales & Use Tax Clinic II (LWVL563)

Instructor(s): Michael Larkin

1-4 credit(s), H/P/L/F Graded
Requirement(s): Experiential
Concentration(s): LLM in Taxation, Taxation

Clinic II interns refine their skills, working on complex cases and cases already begun as Clinic I interns. Students may mentor first time clinic participants, serve as lead attorney on cases, and have additional opportunities to appear in court or administrative proceedings. Supervising attorneys/adjunct professors provide individualized coaching, based on the Clinic II interns’ needs and interests. Prerequisite: Successful completion of Clinic I in the same clinic.

Tax I (LWAA590)

Instructor(s): Jordan Barry

3 credit(s), Letter Graded
Concentration(s): Taxation

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.

Tax Policy (LWTE570)

Instructor(s): Dennis Lilly

2 credit(s), Letter Graded
Requirement(s): Writing
Concentration(s): Taxation, LLM in Taxation
Prerequisite(s): Tax I

This course will offer an introduction to the principal policy considerations raised when creating a tax system. Topics will include the merits of different tax systems (such as income and consumption taxes), questions of tax administration and legal complexity, the efficiency implications of taxation, and distributional implications. It will consider how well current legislation addresses these various issues and consider whether there are ways that they might be better addressed. Tax I is a prerequisite for this course; other tax courses, especially Corporate Tax, would be useful, but are not required. This courses fullfills the written work requirement. 

Taxation of Property Transactions (LWTE575)

Instructor(s): Phillip Jelsma

2 credit(s), Letter Graded
Concentration(s): Taxation, LLM in Taxation
Prerequisite(s): Tax I (LLM students may take this concurrently)

This course examines practical planning opportunities involving closed sales, open sales, deferred payment reporting, installment sales elections, imputed interest, cost recovery reporting, two-way and three-way real estate exchanges, all-inclusive trust deeds, subordinated financing, midpoint refinancing, and negative basis. Considerable emphasis is placed on understanding interest concepts such as mortgage annual constant percentages, lump sum and annuity present value analysis, and real rate of return (after inflation) analysis.

Trademark Litigation (LWIP577)

Instructor(s): Lisa Ramsey

3 credit(s), Letter Graded
Requirement(s): Writing OR Experiential
Concentration(s): Intellectual Property Law, Intellectual Property

This advanced trademark class will provide students with the legal and practical skills necessary to become successful trademark litigators. Students will learn how to litigate a trademark case, including how to develop a case strategy, write a demand letter, and draft pleadings, written discovery, and motions frequently used in trademark litigation. Students will also strengthen their oral advocacy communication skills through class participation and in-class exercises simulating oral arguments before a judge or meetings with partners and clients. They will perform tasks and legal research and analysis similar to junior attorneys involved in actual trademark litigation. The grade will be based on the writing assignments and in-class oral exercises. Prerequisite: Intellectual Property Survey, Trademark Law, or Trademarks Seminar.

Transfer Pricing (LWTE584)

Instructor(s): David Bowen

3 credit(s), Letter Graded
Concentration(s): Taxation, LLM in Taxation

The course involves a thorough study of the fundamental and practical concepts of “transfer pricing,” from U.S. and international perspectives. Transfer pricing is one of the most significant tax issues for multinational enterprises with international operations. It attracts the scrutiny of tax authorities worldwide and continues to draw attention of multiple countries’ tax legislatures. The course first analyzes the fundamental methods by which income and other items are affected – often with major financial impact - through MNE “controlled” transactions. The basic analytical framework involve critical analysis of U.S. Code provisions, Treasury Regulations, other administrative materials and important judicial decisions. These U.S. provisions are compared to other comprehensive, consensus-type guidelines, such as the recent OECD Guidelines. Practical strategies are discussed in terms of proactive strategies for resolving and avoiding cross-border disputes involving transfer pricing. Topics include allocations and apportionments of income, deductions, credits and allowances; the “arm’s length” standard and its alternatives; BEPS (base erosion and profit shifting); economic double taxation; Treaty mechanisms such as MAP (mutual agreement procedures); TIPs (taxpayer-initiated adjustments) and compensating adjustments; general legal principles and apportionment methods, including the judicial doctrines of assignment of income, the economic substance doctrine, fruit-tree, and other matters; methods to determine “true” taxable income in “controlled” transactions involving tangible and intangible property, services, and intercompany financing; relevant U.S. customs rules; tax penalties and relevant forms, including country-by-country reporting; tax planning and compliance efforts; and relevant comparisons of international transfer pricing rules within particular contexts. Grades will be based on a written exam which includes true false questions, multiple choice, and a hand-graded essay,

Note: This course is open to LLM and JD levels.

Trial Advocacy - Civil (LWLP550)

Instructor(s): Linda Lane

3 credit(s), H/P/L/F Graded
Requirement(s): Experiential
Concentration(s): Criminal Law, Criminal Litigation, Civil Litigation

This is an upper class course focused on the skills of case analysis and oral presentation of those cases to judges and juries on civil or criminal trials. The course also includes developing skills used in the discovery phase of civil cases, especially depositions. The course is specifically designed to expand the skills introduced to the student in Legal Research & Writing. The course methodology combines lectures, demonstrations and individual student performances in small groups with extensive critique and feedback by small group instructors who are experienced practitioners. The course culminates in a mock trial. The course is graded on a 4-tier Pass/Fail basis. 

Note: Students may only elect this course or Practicum--Civil to count toward the Civil Litigation Concentration (JD).
Additional Information: Civil Litigation Concentration

Trusts & Estates (LWTE555)

Instructor(s): Staff

3 credit(s), Letter Graded

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.

Veterans Clinic I (LWVL580)

Instructor(s): Robert Muth

2-4 credit(s), H/P/L/F Graded
Requirement(s): Experiential
Concentration(s): Public Interest Law

Students gain practical training and real world experience through representation of veteran clients and their families on a variety of legal issues. Matters include: representing clients who have disputes with predatory lenders and for-profit educational institutions over the use of GI Bill® funds and related loans; assisting veterans seeking to upgrade their characterization of discharge from the military; and representing veterans appealing disability claims with the Veterans Administration. Students provide advice, identify potential claims, and in some cases are able to advocate for clients in civil litigation, arbitration, or before governmental review boards. Weekly group meetings are combined with individual case conferences to provide intensive personal training in litigation techniques, legal strategy and case management. The classroom component also includes an overview of applicable law and procedure necessary to assist veterans in these matters. The clinic is graded on a 4-tier Pass-Fail basis.

Veterans Clinic II (LWVL581)

Instructor(s): Robert Muth

1-4 credit(s), H/P/L/F Graded
Requirement(s): Experiential
Concentration(s): Public Interest Law

Clinic II interns refine their skills, working on complex cases and cases already begun as Clinic I interns. Students may mentor first time clinic participants, serve as lead attorney on cases, and have additional opportunities to appear in court or administrative proceedings. Supervising attorneys/adjunct professors provide individualized coaching, based on the Clinic II interns’ needs and interests. Prerequisite: Successful completion of Clinic I in the same clinic.

Workers Rights Clinic II (LWVL585)

Instructor(s): Michael Gaitley

1 credit(s), H/P/L/F Graded
Requirement(s): Experiential

In cooperation with San Francisco’s Legal Aid Society-Employment Law Center, the Workers’ Rights Clinic trains law students in practical skills in employment and labor law, while providing free legal advice to low-income workers in San Diego County. Class includes instruction in labor and employment law, followed by on-site client interviews and advice. Interns, along with the supervising attorney, analyze the client’s situation, identify legal issues and determine what remedies the client might pursue. Students then discuss the findings with the client, who has the option of returning for further advice. Students may also have an opportunity to represent clients in Unemployment Insurance hearings in administrative court. The clinic is graded on a 4-tier Pass-Fail basis.  The spring clinic is for continuing students.