Course Descriptions

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Fall 2022 Class Descriptions

Administrative Law (LWPP510)

Instructor(s): Michael Rappaport

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

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

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 Legal Writing (LWGC505)

Instructor(s): Christopher William Turnbow

1 credit(s), H/P/L/F Graded
Requirement(s): Experiential OR Writing
Concentration(s): Civil Litigation (JD), Criminal Litigation (JD)

Advanced Legal Writing is a one-unit course specifically designed to help students strengthen their fundamental legal writing skills. The class will help students master the skills needed to be a good legal writer, including: (1) Selecting active and powerful word choices; (2) Constructing paragraphs; (3) Using proper grammar and punctuation; (4) Creating a strong micro and macro legal structure; (5) Developing thesis and conclusion sentences; (6) Issue spotting; (7) Extracting, formulating, and synthesizing rules of law; (8) Crafting explicit factual comparisons; and (9) Revising, editing, and perfecting their work product. The class requires no outside research.

Agency Externship I (LWVL596)

Instructor(s): John Sansone

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

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.

Academic requirements include: mandatory orientation, journals between student and professor relating to the field placement; periodic discussion boards on legal practice topics; a three-five page reflective paper at the end of the semester; an example of work product for professor review; and, satisfactory completion of work experience. The externship is graded on a Pass-Fail basis. To review all the pertinent course resources, including course information, form, and helpful internet links, please see the 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

Agency Externship II (LWVL590)

Instructor(s): John Sansone

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

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 handbook.

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

Alternative Dispute Resolution (LWLP517)

Instructor(s): Scott Metzger

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

Alternative Dispute Resolution: This course will offer students an opportunity to learn practice and procedure with respect to two increasingly prevalent alternative dispute resolution methods, arbitration and mediation. The majority of the course will focus on Federal and California state arbitration practice and procedure, including drafting arbitration agreements, enforcing them, arbitrators selection and ethics, arbitration practice itself, and enforcing and challenging arbitration awards. We will also cover mediation practice, including mediation methods, privileges and settlement enforcement procedures. The class will be graded on a HPLF scale. Grading will be based on class participation and no more than two written assignments.

Animal Law (LWGC510)

Instructor(s): Laurence Claus

3 credit(s), Letter Graded
Requirement(s): Writing

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

Anti Corruption Law & Policy (LWPP509)

Instructor(s): Staff

1 credit(s), H/P/L/F Graded
Concentration(s): International Law (JD), International Law (LLMC), LLM in International Law (LLMI), International Law (MSLS)

The course will focus on analyzing global anti-corruption legislation; policies and strategies at the national and international levels; and public, private sector and civil society anti-corruption mechanisms. It will discuss definitions and theories on corruption and anti-corruption, global anti-corruption legal frameworks, policies, enforcement, and strategies. One of the most important components of this lecture is the strong focus on corruption case studies that students work to resolve using legal mechanisms. This hands-on approach helps to bring a practical component to the understanding of global anti-corruption. The course is designed to use law as the basis of understanding anti-corruption by examining public policy and the different strategies used by the public sector, private sector, and civil society to prevent and eradicate corrupt practices. While the main focus of the lecture is law, it is designed so students with an interest in international relations, political science and business and administration can learn interdisciplinary approaches to anti-corruption. This is a graded on the four tier P/F (H, P, LP, F) grading system. The final grade will consist in drafting and analyzing an original case study.

Appellate Clinic (LWVL501)

Instructor(s): Michael Devitt, David Schlesinger, Staff

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

The Appellate Clinic is a semester-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. Students who choose to continue take appellate clinic II 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. 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

Bus Transactions in Emerging Markets (LWBC512)

Instructor(s): Frederick Heller

2 credit(s), Letter Graded
Concentration(s): Business and Corporate Law (JD), International Law (JD), LLM in Business and Corporate Law (LLMB), Business and Corporate Law (LLMC), International Law (LLMC), LLM in International Law (LLMI), Business and Corporate Law (MSLS), International Law (MSLS)
Recommended Class(es): International Business Transactions

International lawyers face difficult challenges when their clients transact business in emerging markets. While local legal systems—including the courts and regulators—pose a range of distinct problems, problems also frequently arise outside of the legal systems—from the political, economic, financial and cultural dynamics of the emerging markets. Students will first explore the attributes that define emerging markets and how they differ from developed markets. Using what they learn about emerging markets, students will identify challenges that impact a business transaction in an emerging market. Students will then study illustrative real-life emerging market transactions, including legal documents, and propose ways to meet emerging market challenges through provisions in legal documents and other means. The goal of the course is to provide students with the tools to assist clients in emerging market business transactions.

CA Regulatory Law Clinic (LWVL502)

Instructor(s): Staff

2 credit(s), H/P/L/F Graded
Requirement(s): Experiential
Prerequisite(s): California Regulatory Law & Public Interest

This two-semester (year-long) Clinic, which is highly recommended for the Public Interest Law Concentration, is associated with California Regulatory Law and the Public Interest, and offers students an experiential opportunity to complement the knowledge gained from that class. Each student is assigned to monitor one to two state agencies for the full academic year, and does so by attending agency meetings, analyzing regulatory proposals, monitoring legislation and litigation impacting the agency, and more. In addition to drafting frequent tweets and blogs about their agencies, each semester students write articles on their agencies for publication in the California Regulatory Law Reporter, which appears on Westlaw. This enables students to achieve publication prior to graduation in the major state administrative law publication. Students in this clinic meet with Consumer Protection Policy Center staff at least once a week to inform and guide their work.  

California Civil Discovery Practice (LWLP521)

Instructor(s): Virginia Nelson

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

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 creation and 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 confer requirements, discovery motions, protective orders and sanctions will also be covered. The form and format for depositions will be examined as well as simulation training in conducting a basic deposition. The California Civil Discovery Act will be compared to the Federal Rules of Civil Procedure for all devices addressed. Non-Party Discovery and Preservation of Testimony or Evidence Before Filing an Action is also covered. The class follows a hypothetical case as well as an actual case, from the perspective of all sides conducting discovery.  Students who complete this course will gain an understanding of the broad framework of California pre-trial discovery, effective and ineffective discovery devices, as well as some of the key differences between the state and federal discovery systems. This class does not cover E-discovery except to include some of the pertinent statutes, as ESI is covered in the ESI Discovery Law course. This class is limited to 19 students.

California Reg Law & Public Interest (formerly Public Interest & Practice) (LWPP570)

Instructor(s): Staff

3 credit(s), Letter Graded
Concentration(s): Children's Rights (JD), Environmental and Energy Law (JD), Health Law (JD), Public Interest Law (JD), Environmental and Energy Law (LLMC), Environmental and Energy Law (LLMG), Environmental and Energy Law (MSLS)

California Regulatory Law & the Public Interest (formerly known as Public Interest Law and Practice) is a Fall semester graded course in which students learn the substantive law governing the operation and decisionmaking of California regulatory agencies, including constitutional and administrative law principles commonly a part of the Bar Exam.  Public interest lawyers represent interests that are diffuse, unorganized, and generally underrepresented - such as consumers, the environment, children, and the future.  This class focuses on specific laws that enable public interest lawyers to effectively advocate for their clients before all three branches of government. Specifically, students study the sunshine statutes which require most agency decisionmaking to take place in public and guarantee public access to most agency records (through open meeting 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. Students interested in a related experiential offering are encouraged to also enroll in the California Regulatory Law Clinic.

Note:

Note: This is a required course for the Public Interest Law Concentration (JD). There are limitations on JD concentration eligibility. Please check the JD concentrations web page for more details about applicability to other concentrations.


Additional Information: Public Interest Concentration

Child Advocacy Clinic: Delinquency I & II (LWVL503)

Instructor(s): Jessica Heldman

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

Under the supervision of attorneys and staff from the San Diego Office of the Public Defender, students advocate on behalf of delinquent youth in order to ensure they receive appropriate educational, mental, physical, and other services while they are under the jurisdiction of the Juvenile Court. Students review comprehensive case files to identify areas of need and advocate on the youth's behalf with regard to issues such as school discipline, special education services, school placement, mental health assessments/services, child welfare, and health care, in order to protect the youth's rights with regard to those matters and to address underlying issues that might be contributing to the youth's delinquency. Delinquency Clinic students must commit 20 hours per week to their Clinic work, in addition to a one-hour weekly classroom component. 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 in order to register 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

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

Child Advocacy Clinic: Dependency I & II (LWVL507)

Instructor(s): Jessica Heldman

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

Students work with assigned attorneys from Children's Legal Services of San Diego (representing abused and neglected children) and Dependency Legal Services of San Diego (representing parents) to provide legal services in dependency court proceedings. Students are exposed to a wide variety of experiences, such as interviewing 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, in addition to a one-hour weekly classroom component. 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 in order to register 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

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

Child Advocacy Clinic: Policy I & II (LWVL505)

Instructor(s): Jessica Heldman

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

Students work with CAI professional staff on state and federal 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. The Policy Clinic offers students the chance to pursue a research, writing, and/or advocacy project on a variety of issues, such as foster care, child abuse, children's health care, juvenile justice, education, etc. These projects could include petitioning an agency to adopt or amend regulations, drafting model legislation, conducting research and position papers relevant to pending legislation, researching and writing reports on children's issues, and participating in impact litigation, among other things. 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 in order to register 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

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

Child Rights & Remedies (LWFC520)

Instructor(s): Jessica Heldman

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

This is a broad course covering the basic substantive and procedural law relevant to advocacy on behalf of children. The course is taught with a combination of lecture and Socratic dialogue. It surveys the following subject areas: the rights of children, criminal prosecution of children, child abuse and protection, child tort recovery, child rights to property and support, child-related political rights and liberties, and child entitlements (including public welfare, health, nutrition, care, education, and special populations). The course includes discussion of the alternative methods of child advocacy, class action practice, writs of mandamus, administrative practice, and local government advocacy.

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

Civil Clinic I (LWVL510)

Instructor(s): Joe Villasenor, Allen Gruber

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

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. Prerequisite: Civil Procedure. Recommended: 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): Joe Villasenor, Allen Gruber

1-4 credit(s), H/P/L/F Graded
Requirement(s): Experiential
Concentration(s): Civil Litigation (JD)
Prerequisite(s): Civil Procedure, Evidence
Recommended Class(es): 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 Procedure (LWAA510)

Instructor(s): Shaun Martin, Lisa Ramsey, Mila Sohoni

4 credit(s), Letter Graded

Civil Procedure is the study of procedural rules governing civil actions in state and federal courts. The topics studied throughout the year include selection of the proper court and place for litigation, jurisdiction over the parties, joinder of parties and claims, contents of pleadings, discovery, pre-trial motions, conduct of trials, and conflicts between state and federal judicial systems.

Note: Required for first-year day-division students.

Climate Change Law & Policy (LWEV503)

Instructor(s): Staff

3 credit(s), Letter Graded
Requirement(s): Writing
Concentration(s): Environmental and Energy Law (JD), Environmental and Energy Law (LLMC), Environmental and Energy Law (LLMG), Environmental and Energy Law (MSLS)

This course explores the most significant law and policy issues related to climate change. In the first part of the course, students will gain familiarity with the science of climate change as well as climate change law at the international and national levels. The second part of the course focuses on climate change litigation, with close study of the various legal theories used by litigants attempting to force the government to take stronger regulatory action. The third part of the course concentrates on initiatives at the state and regional level with an emphasis on California climate change policy.

Note: Either this course or Energy Law & Policy must be taken as a required course for the Environmental & Energy Law Concentration (JD).

Community Property (LWFC554)

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.

Constitutional Law II (LWPP525)

Instructor(s): Lawrence Alexander, Maimon Schwarzschild

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.

Constitutional Separation of Powers (LWPP576)

Instructor(s): Kenneth Lee

2 credit(s), Letter Graded
Requirement(s): Writing

Americans rightfully view the Bill of Rights as the crown jewel of our Constitution. But less appreciated is how the structure of our Constitution also safeguards our rights.  This course will examine how separation-of-powers, bicameralism, and federalism limit government overreach, encourage deliberate lawmaking, and ensure individual liberty. The topics will range from James Madison’s pathbreaking conception of separation-of-powers to the President’s appointment power to Congressional investigations. The class will also incorporate current events and modern developments in discussing these timeless principles. The final grade for the course will be based on a paper eligible for written work credit.  This class is the equivalent to Separation of Powers: Securing Liberty that was taught in fall 2020.

Contract Drafting (LWGC563)

Instructor(s): Elaine Edelman, Tony Roberts

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

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. One or more attorneys whose practices include drafting work will appear in class to give students practical feedback on their work. 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.

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.

Corporate Counsel Externship I (LWVL591)

Instructor(s): Beth Baier

1-6 credit(s), P/F Graded
Requirement(s): Experiential
Concentration(s): Business and Corporate Law (JD), Intellectual Property (JD), LLM in Business and Corporate Law (LLMB), Business and Corporate Law (LLMC), Intellectual Property (LLMC), Intellectual Property Law (LLMG)

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 externship work for a corporate counsel placement is permitted outside this time period. Academic requirements include: mandatory orientation, journals between student and professor relating to the field placement; periodic discussion boards on legal practice topics; a three-five page reflective paper at the end of the semester; an example of work product for professor review; and, 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 clinic qualifies for the concentration.
Additional Information: JD Concentrations Web Page, Email Law Student Affairs

Corporate Counsel Externship II (LWVL589)

Instructor(s): Beth Baier

1-6 credit(s), P/F Graded
Requirement(s): Experiential
Concentration(s): Business and Corporate Law (JD), Intellectual Property (JD), LLM in Business and Corporate Law (LLMB), Business and Corporate Law (LLMC), Intellectual Property (LLMC)

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.

Corporate Innovation & Legal Policy (LWIP528)

Instructor(s): Orly Lobel

3 credit(s), Letter Graded
Requirement(s): Writing
Concentration(s): Intellectual Property (JD), LLM in Business and Corporate Law (LLMB), Intellectual Property (LLMC), Intellectual Property Law (LLMG), Intellectual Property Law (MSLS)

What are the optimal policy ingredients and business strategies for managing innovation? How can business leaders, inventors, lawyers, and policymakers benefit from the connections between corporate success, intellectual property, and human capital? The course will introduce foundations of intellectual property law and employment and organizational practices. We will examine corporate policies and disputes over the control of ideas, secrets, skill and intellectual property. In particular, we will analyze non-compete contracts, trade secrets and non-disclosures, information privacy, economic espionage, employee duties of loyalty, including prohibitions on customer and co-worker solicitation and raiding for competitive endeavors; and employer ownership over inventions and artistic work, including pre-invention patent assignment agreements and work-for-hire disputes. In the past few years, the black box of innovation has been pierced with a plethora of new interdisciplinary research and practice. At the same time, industry and policymakers in the United States, like other countries around the world, are debating the benefits of existing EIP laws. In the course, we will bring together these various developments to identify how companies can sustain their innovative capacities, commercialize science, and manage creativity, and to assess how differences in regulatory and contractual arrangements in the employment relationship can impact key aspects of innovation, such as the rate of patent filings, the level of network participation in intellectual and creative endeavors, individual motivation to innovate, organizational behavior, and talent mobility.

Corporate Tax (LWTE560)

Instructor(s): David Bowen

3 credit(s), Letter Graded
Concentration(s): Business and Corporate Law (JD), LLM in Business and Corporate Law (LLMB), Business and Corporate Law (LLMC), Taxation (LLMC), LLM in Taxation (LLMT), Business and Corporate Law (MSLS), Taxation (MSLS)
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).

Corporate Technology Externship (LWVL570)

Instructor(s): Anthony Mauriello

1-6 credit(s), P/F Graded
Requirement(s): Experiential
Concentration(s): Business and Corporate Law (JD), Intellectual Property (JD), LLM in Business and Corporate Law (LLMB), Business and Corporate Law (LLMC), Intellectual Property (LLMC), Intellectual Property Law (LLMG)

This externship places students at local law firms and companies to provide legal assistance to technology companies in the areas of corporate formation and transactions, contracts, employment, and related areas. Students will be supervised by attorneys at the local law firms and companies as well as the professors. Students begin work during the first week of the semester with companies and law firms, and meet one-on-one with the professors on a regular basis.  Additionally, the course begins with a 6-7 week “bootcamp” covering the core types of legal transactions encountered in technology companies. There are no scheduled classes during the remainder of the semester. An application process will be used to select students for the course. Students who registered for the course in previous academic years may not apply for the course for 2022-2023 without the permission of the Professors. Applications are due Friday, April 15.


Additional Information: Application

Corporations (LWBC545)

Instructor(s): Mark Lee, Ted Sichelman

4 credit(s), Letter Graded
Concentration(s): Business and Corporate Law (JD), Employment and Labor Law (JD), LLM in Business and Corporate Law (LLMB), Business and Corporate Law (LLMC), Employment and Labor Law (LLMG), Business and Corporate Law (MSLS)

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 for the LLM in Business & Corporate Law.

Corrections & Sentencing (LWCR510)

Instructor(s): Alex Landon

3 credit(s), Letter Graded
Requirement(s): Writing
Concentration(s): Criminal Litigation (JD), Criminal Law (LLMC), Criminal Law (LLMG), Criminal Law (MSLS)

Covers objectives of sentencing, plea and sentence bargaining, sentencing advocacy, sentencing alternatives, prisoner conditions, prisoners' rights, jail and prison litigation, probation and parole revocation, and extraordinary writs relating to corrections. A research paper will be required.Successful completion of the paper will fulfill the law schools written work requirement.

Criminal Law (LWAA525)

Instructor(s): Kevin Cole, Donald Dripps, Jean Ramirez

4 credit(s), Letter Graded
Concentration(s): Criminal Law (LLMC), Criminal Law (MSLS)

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

Criminal Procedure I (LWCR520)

Instructor(s): David Danielsen

3 credit(s), Letter Graded
Concentration(s): Criminal Litigation (JD), Criminal Law (LLMC), Criminal Law (LLMG), Criminal Law (MSLS)
Prerequisite(s): Criminal Law

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).

Death Penalty (LWCR530)

Instructor(s): John Cotsirilos

2 credit(s), Letter Graded
Concentration(s): Criminal Litigation (JD), Criminal Law (LLMC), Criminal Law (LLMG), Criminal Law (MSLS)

This course will involve a written exam at the end of the semester focused to evaluating the student's understanding of case law history and practical application of the California statutory scheme. The course will address the following legal issues: 1) History of the Death Penalty; 2) Present legal parameters for trial of a death penalty case; 3) The law and procedure relating to post-conviction death penalty litigation; 4) Systemic issues such as prosecutorial discretion and budgeting concerns; 5) Policy and ethical dilemmas concerning the Death Penalty, i.e., volunteers, race discrimination, and arbitrariness.

E-Discovery Law (LWGC521)

Instructor(s): Ruth Hauswirth

1 credit(s), H/P/L/F Graded
Requirement(s): Experiential
Concentration(s): Civil Litigation (JD), Criminal Litigation (JD), Criminal Law (LLMC), Criminal Law (LLMG), Criminal Law (MSLS)
Recommended Class(es): Civil Procedure

This course examines Electronic discovery or e-discovery-- the growing body of law and practice on the treatment of electronically stored information (ESI) in litigation. ESI sources make up most of the universe of potential evidence in today's technological world, including email, databases, information technology systems, metadata, personal and group network shares, instant messaging, text messaging, smartphones and mobile devices, social networking sites, and many other electronic data sources. The course will focus on the rapidly growing body of case law and the amended Federal Rules of Civil Procedure, with some discussion of California state court procedural rules. The course will discuss best practices to properly identify, preserve, collect, review, produce and use of ESI in litigation, whether in federal or state court, criminal or civil contexts, and alternative dispute resolution forums. The course will also touch on basic technical knowledge that litigation attorneys should possess to litigate cases and will expose law students to actual litigation discovery and review tools that lawyers use in practice today. The course will have an experiential component with in-class exercises including an information custodian interview, a meet and confer session, a case management conference and a motion to compel focused on e-discovery issues. Students will also draft discovery requests and objections, and prepare memos and documentation to implement reasonable preservation hold procedures as they relate to ESI needed in litigation. Students who complete the course will have an understanding of the unique legal issues and developments related to electronic discovery, and important terminology, processes and technologies that are applied to managing ESI in litigation. Students will be graded by a take home final examination. This class is taught for seven (7) weeks.

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 (JD)

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): Children's Rights (JD), Health Law (JD)

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

Education Law (LWFC530)

Instructor(s): Margaret Dalton

3 credit(s)

This course examines the legal rights and responsibilities of all parties in the education system: administrators, teachers, parents, and students in both public and private schools K-12. Some attention also is given to postsecondary education. The course focuses on federal and state law through the study of constitutional provisions, statutes, regulations, and judicial decisions. Students review such topics as parent rights, school choice, teacher rights, student rights including discipline and harassment, special education and students with disabilities, religion on campus, privacy rights, discrimination claims, search and seizure of students, and the broad issue of school legal liability. Students also will have an opportunity to engage in public policy dimensions underlying these topics.

Election Law (LWPP553)

Instructor(s): Staff

2 credit(s), Letter Graded

This course will examine local, state and federal election law including campaign finance law and redistricting. We will examine the role of the attorney in advising, advocating and litigating on behalf of candidates and elected officials. No background in politics, campaigns, or political science is necessary.

Employment Law (LWPP537)

Instructor(s): Orly Lobel

4 credit(s), Letter Graded
Concentration(s): Employment and Labor Law (JD), Public Interest Law (JD), Employment and Labor Law (LLMG)

This course offers students an overview of the important legal issues that are raised in the context of the employment relationship. We will discuss employment as a contractual agreement, including tort and statutory protections, such as wrongful discharge, wage and hour laws (FLSA), leave (e.g., FMLA), safety (OSHA and workers comp), unemployment insurance, discrimination (Title VII; ADA; ADEA), privacy and freedom of speech, and intellectual property issues such as R&D ownership, trade secrets and non-competition clauses. Throughout the course, student will be able to deepen their study of contract law, torts, and statutory and regulatory processes through the context of the law of the workplace.

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

Energy Law & Policy (LWPP540)

Instructor(s): Carrie Downey

3 credit(s), Letter Graded
Concentration(s): Environmental and Energy Law (JD), Environmental and Energy Law (LLMC), Environmental and Energy Law (LLMG), Environmental and Energy Law (MSLS)

In today's internet driven world, virtually every device, person, entity, and country requires some form of energy to survive. How, where, and who produces, sells, delivers, regulates, or taxes the energy you use is based on a mix of state, national and international laws, regulations, policies, and even treaties that practitioners must help their clients navigate while addressing various environmental, economic, and engineering challenges. Energy Law & Policy introduces students to the legal, regulatory, and environmental concepts relevant to the U.S. electricity and natural gas markets. The course will examine the connection between energy and climate change and the range of market-based solutions considered at the state, regional, and federal levels in the U.S. Our classes are like lunch meetings they are highly interactive sessions held in a conference room, meeting-style setting designed to encourage an open discussion of substantive energy, environmental, and climate policy and practice related issues among classmates, guest lecturers, and professors. Students also will gain hands-on experience drafting a short pleading for submission to a regulatory agency, a client memo, and making a substantive group presentation.

Either this course or Climate Change Law & Policy must be taken as a required course for the Environmental & Energy Law Concentration (JD).

Note:

All students should have completed or should be enrolled concurrently in a course on legal research and writing (or its equivalent) before/while taking this course. Alternatively, an MSLS or international exchange student may register for the course if the professor(s) receives and approves the student's writing sample.

Entrepreneurship Clinic I (LWVL520)

Instructor(s): Sebastian Lucier, Christopher William Turnbow

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): Sebastian Lucier, Christopher William Turnbow

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

Evidence (LWLP529)

Instructor(s): Michael Devitt

4 credit(s), Letter Graded
Concentration(s): Civil Litigation (JD), Criminal Litigation (JD), Criminal Law (LLMC), Criminal Law (LLMG), Criminal Law (MSLS)

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.

Experiential Advocacy Practicum (LWAA575)

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

Federal Estate & Gift Taxation (LWTE530)

Instructor(s): Miranda Perry Fleischer

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

This survey course provides an introduction to the federal estate, gift, and generation-skipping transfer taxes, with attention to the treatment of various types of inter vivos and testamentary dispositions. Students who enroll in this course should already have taken Tax I (Federal Income Taxation).Trusts & Estates is recommended but not required.

Federal Tax Clinic I (LWVL555)

Instructor(s): Richard Carpenter

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

Finance & Accounting for Lawyers (LWBC555)

Instructor(s): Brian Brinig

2 credit(s), Letter Graded
Concentration(s): Business and Corporate Law (JD), LLM in Business and Corporate Law (LLMB), Business and Corporate Law (LLMC), Taxation (LLMC), LLM in Taxation (LLMT), Business and Corporate Law (MSLS), Taxation (MSLS)

Much of the practice of law relates to financial issues. This two-credit course deals with understanding and analyzing financial statements, basic business valuation techniques and their importance in litigation matters, economic damages calculations (both personal injury and business damages), and concepts of present value. Understanding these financial concepts is critical to lawyers who encounter them daily in their practices. The course is designed for the student who does not have a sophisticated background in accounting or finance.

Fundamentals of Bar Exam Writing (LWGC520)

Instructor(s): Staff

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

This class is only available to December graduates. The course is geared to basic bar writing skills, and covers the fundamentals of bar exam essay writing and performance test writing. The first class is an introduction to bar exam components and topics. The next several classes focus on the details of essay exam writing and performance test drafting. Students practice under timed conditions most weeks, and receive specific feedback on their written work. The course includes self and peer review, as well as professor-student conferencing as needed. Grading is on the H/P/LP/F scale. Students may be withdrawn from the course and/or given a failing grade for missing more than one class, failing to turn in any written assignments on time, or failing to complete any practice examination.

Health Law & Policy (LWGC523)

Instructor(s): Richard Barton

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

Health Law and Policy is a new 3-unit course designed to introduce students to basic principles of health care law. The class will discuss legal principles surrounding the professional-patient relationship; informed consent; liability of health care professional; liability of health care institutions; quality control regulation of physicians and health care institutions; access to health care; the privacy rights of patients and the ability of government to regulate patient health care choices. The goals of the course are for students to understand the role of the legal system in health policy and health care delivery; the application of basic tort, contract and corporate law principles in the health care environment; and to gain a practical understanding of the interaction between the health system and the legal system. The course will be taught in a lecture-seminar approach. Outside speakers from major health institutions will participate. Course materials will be based on the text Health Law - Cases, Materials and Problems, Seventh Edition, Barry R. Furrow. The grade will be based on a research paper suitable for USD written work requirements, your attendance and class participation.

Note: This is a required course for the Health Law Concentration (JD).
Additional Information: Health Law Concentration

Immigration Clinic I (LWVL530)

Instructor(s): Tammy Lin

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

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): Tammy Lin

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

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): Ilene Durst

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

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.

In-House Corporate Counseling (LWBC567)

Instructor(s): Staff

2 credit(s), Letter Graded
Concentration(s): Business and Corporate Law (JD), Employment and Labor Law (JD), LLM in Business and Corporate Law (LLMB), Business and Corporate Law (LLMC)
Recommended Class(es): 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 Amanda Keton, currently General Counsel of Wikimedia Foundation, the organization that runs Wikipedia. Guest speakers will include experienced corporate counsel across the country and in San Diego. Topics to be addressed include: The Roles of the In-house lawyer; Professional Responsibility Issues for In-house Lawyers (including privilege); Cybersecurity and data privacy issues; Compliance Programs and Internal Investigations in the #MeToo era; 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 related areas of law--i.e., labor and employment, accounting and finance, etc.

Intellectual Property Survey (LWIP550)

Instructor(s): Shawn Miller

4 credit(s), Letter Graded
Concentration(s): Intellectual Property (JD), Intellectual Property (LLMC), Intellectual Property Law (LLMG), Intellectual Property Law (MSLS)

This course provides a broad overview of intellectual property law. After discussing the policies underlying the protection of intellectual property rights, we will cover trade secret, patent, copyright, and trademark law, and related doctrines such as the right of publicity. These topics will be examined with a focus on new technologies, but a science or technical background is not required. This course provides a foundation for advanced intellectual property courses and is also appropriate for students who seek only a general understanding of intellectual property law.

International Asia-Pacific Commercial Arbitration (LWIC531)

Instructor(s): David Brennan

2 credit(s), Letter Graded
Concentration(s): Business and Corporate Law (JD), Civil Litigation (JD), International Law (JD), LLM in Business and Corporate Law (LLMB), Business and Corporate Law (LLMC), International Law (LLMC), LLM in International Law (LLMI), Business and Corporate Law (MSLS), International Law (MSLS)

This course is the study of international commercial arbitration that emphasizes the Asia/Pacific regions practices and arbitral regimes. The study will use The Convention on the International Sale of Good (CISG) to study all facets of sales and trade in goods from contract formation, terms, obligations, performance, breaches, excuses and remedies. The study of arbitration clauses and the practices of the arbitral institutions in the Asia-Pacific region is a focus. The steps from initiating arbitration, appointing arbitrators, composition of arbitral tribunals, procedures including written and oral submissions and the scope and limits on evidence are all considered. The course will address the UNCITRAL Model Law for arbitration and compare it to Asia-Pacific arbitral systems including CIETAC, HKIAC, and CEAC. The substance, procedural and conflicts of law situations will be addressed. The course objective is to develop the capacity to be able to engage in arbitration processes in the Asia-Pacific Region for international commercial sales and trade disputes. The classes, materials and certain model problems will facilitate that objective. The class also builds the very different research approaches and skills required to determine issues under The CISG, including those from recognized international principles, writings of scholars, rules and guidelines together with principles from arbitral decisions. The course will be required for incoming 2L VICAM candidates and is also open to all other eligible students. The only prerequisite for this course is for JD students who should have completed all of the required first-year courses and be in their second year. The course will be letter-graded based on a final examination to be held in October.

International Contracts (LWIC537)

Instructor(s): Herbert Lazerow

3 credit(s), Letter Graded
Concentration(s): Business and Corporate Law (JD), International Law (JD), LLM in Business and Corporate Law (LLMB), Business and Corporate Law (LLMC), International Law (LLMC), LLM in International Law (LLMI), Business and Corporate Law (MSLS), International Law (MSLS)

Legal aspects of contracts for the international sale of goods under the UN Convention. Topics include the applicability of the convention and its most important substantive provisions including contract formation, choice of forum, choice of law, warranties, risk of loss, excuse and dispute resolution.

International Negotiation (LWIC548)

Instructor(s): Allen Snyder

3 credit(s), H/P/L/F Graded
Requirement(s): Experiential
Concentration(s): Civil Litigation (JD), International Law (JD), International Law (LLMC), LLM in International Law (LLMI), International Law (MSLS)

The course will include specific materials and skill-building exercises on cross-cultural aspects of the bargaining process. Participants will include lawyers from other nations who are enrolled in USD's LLMC program, and upper class American JD students. Four-tier Pass/Fail grading.

Note: Students may only elect this course, Alternative Dispute Resolution or Negotiation to count towards the Civil Litigation Concentration (JD).
Additional Information: Civil Litigation Concentration

International Taxation (LWTE539)

Instructor(s): David Bowen

3 credit(s), Letter Graded
Concentration(s): Business and Corporate Law (JD), LLM in Business and Corporate Law (LLMB), Business and Corporate Law (LLMC), International Law (LLMC), Taxation (LLMC), LLM in Taxation (LLMT), LLM in International Law (LLMI), Business and Corporate Law (MSLS), International Law (MSLS), Taxation (MSLS)
Prerequisite(s): Tax I

This basic course in international taxation addresses the U.S. taxation of inbound and outbound cross-border transactions and activities.  The course includes comprehensive coverage of 26 USC Subchapter N, which contains the basic provisions for tax on income from sources within or without the United States.  The course will cover both FAUST (foreign activities of U.S. taxpayers) and USAFT (U.S. activities of foreign taxpayers), and will emphasize the significant changes brought about in the 2017 TCJA (Tax Cut and Jobs Act).  Examples of specific topics include the sourcing rules, the foreign tax credit, CFCs (controlled foreign corporations), FCCs (foreign controlled corporations), the Subpart F regime, repatriations, the GILTI-FDII-BEAT provisions, and other FAUST-USAFT matters.

Interviewing & Counseling (LWLP535)

Instructor(s): Allen Snyder

3 credit(s), H/P/L/F Graded
Requirement(s): Experiential
Recommended Class(es): Trial Advocacy

This course provides advanced training in the skills of client interviewing and counseling. The first part of the course is devoted to learning the specific micro-skills that make up effective interviewing through readings, demonstrations and role-plays. The second- part focuses on the counseling dimension of lawyer-client relationships. In addition to classroom preparation and activities, students will interview actual clients in various locales, including the USD Legal Clinic, the San Diego County Law Library Clinic, and several senior citizen centers. Ethical issues unique to interviewing and counseling are emphasized. The course is graded on a 4-tier Pass-Fail basis.

Intro to US Law (LWGC530)

Instructor(s): Michael Devitt

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.

IP Externship (LWVL532)

Instructor(s): Ted Sichelman

1-6 credit(s), P/F Graded
Requirement(s): Experiential
Concentration(s): Intellectual Property (JD), Intellectual Property (LLMC), Intellectual Property Law (LLMG)

This externship places students at local law firms and companies to provide legal assistance to local individuals (inventors, artists, musicians, and others) and tech and media companies in the areas of patent prosecution, patent searching, trademark prosecution, filing of provisional and utility patents, intellectual property litigation, intellectual property transactions, and related areas (including copyright and trade secret law). Students will be supervised by attorneys at the local law firms and companies as well as the professors. Students begin work during the first week of the semester with companies and law firms, and meet one-on-one with the professors on a regular basis.  Additionally, the course begins with a 6-7 week “bootcamp” covering the core practical aspects of patent, trademark, copyright and trade secret law. There are no scheduled classes during the remainder of the semester. An application process will be used to select students for the course. Students who registered for the course in previous academic years may not apply for the course for 2022-2023 without the permission of the Professor. Applications are due Friday, April 15.   


Additional Information: Application

Judicial Externship (LWVL598)

Instructor(s): Edmund Ursin

1 - 6 credit(s), P/F Graded
Requirement(s): Experiential
Concentration(s): Civil Litigation (JD), Criminal Litigation (JD), Employment and Labor Law (JD), Employment and Labor Law (LLMG)
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 Ursin, who will meet with students individually (virtually), and review samples of the student's reflective and written work from the internship. Students can secure their own internship position or can meet with Professor Ursin for guidance in securing a placement. The internship is graded on a pass/fail basis. Students must receive approval from Professor Ursin to register for this program.

 

Note:

There are limitations on JD concentration eligibility. Please check the concentration web pages for more information.


Additional Information: JD Concentration Web Page

Jurisprudence (LWJT530)

Instructor(s): Roy L. Brooks

3 credit(s), Letter Graded

There is more than one way of finding a solution to any given legal problem. Some judges search for answers syllogistically, sometimes exaggerating the transparency of text (legal formalism), while others purport to seek solutions through original meaning or close, logical readings of text (e.g., textualism). Still other judges look for answers in the social ends of law, disciplined only by the judge's personal sense of justice (legal realism) or by well-defined community needs (sociological jurisprudence) or by existing governmental or social arrangements (legal process). This course gives students an opportunity to study these judicial techniques and to sharpen their understanding of case analysis. Beyond studying such “traditional process,” this course also gives students an opportunity to explore out-of-the-box thinking about judicial decision making by studying oppositional theories of judicial decision making called “critical process.” Unlike traditional process (e.g., originalism), critical process seeks to vindicate the norms of outsider groups (e.g., racial minorities, women, and LGBTQ community). Applying traditional process and critical process to a variety of legal problems—from personal jurisdiction to Second Amendment, school financing to ESL, trans-racial adoption to First Amendment, eminent domain to the right to shelter (or unshelter), discrimination based on intersectionality to discrimination based on gender nonconformity, violence against women to immigration—our main mission is to find ways to reconcile traditional process and critical process based on our society’s commitment to diversity and inclusion. This course has a final exam.

Jurisprudence of Sports (LWJT531)

Instructor(s): Lawrence Alexander

3 credit(s), Letter Graded

The Jurisprudence of Sports will take up such matters as what is a sport; what is the essence of a game; what are the goals and constraints in fashioning a game; what are the tools for doing so; who wins; penalties; performance enhancement; league and tournament play; determining the rules; finding facts; officials' discretion; correcting officials' errors; misconduct;, and sportsmanship. These topics will be compared with their analogues in the legal system (for example, rules v. standards, loopholes. standards of review, discretion, etc.).

Law at the Movies (LWGC537)

Instructor(s): Staff

1 credit(s), P/F Graded

In this course we shall look at four films that take legal doctrine as their subject . The governing question will be ‘how do these movies turn abstract legal issues into drama.’

Law Journal Editing and Research (LWWI542)

Instructor(s): Macklin Thornton

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

This course is offered only to students who are editorial board members of Law Review, International Law Journal, and Journal of Climate and Energy Law. This course provides students with an understanding of editorial and publication processes through faculty supervised training. Topics include editing, editorial research, article selection, and other aspects of journal operations. The course is taught by a adjunct faculty member who meets regularly with students, provides them with specific and individualized feedback on their contributions, and provides guidance on journal operations.

Students will be graded on the basis of class attendance and participation, and performance on class assignments and a final exam.

Legal Writing & Research I (LWAA545)

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

2 credit(s), Letter Graded

Legal Writing and Research (LWR) I is the first part of a two-semester program introducing students to the tools lawyers use to analyze, research, and frame legal positions and communicate them in predictive office memoranda. Students practice and actively learn legal writing and research skills by creating multiple drafts of office memoranda and conducting both print and computer-assisted legal research. The course is offered in small sections with very 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): Leslie Morsek

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.

LLM Contract Drafting (LWGC563)

Instructor(s): Staff

2 credit(s), Letter Graded
Requirement(s): Writing
Concentration(s): LLM in Business and Corporate Law (LLMB), Business and Corporate Law (LLMC), Business and Corporate Law (MSLS)

ransactional 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. One or more attorneys whose practices include drafting work will appear in class to give students practical feedback on their work. 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.

This course fulfills the Upper Division Writing requirement. 

Mediation Skills (LWLP556)

Instructor(s): Lisa Maxwell

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

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 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 40 participants. This course is graded on a 4-tier Pass-Fail basis.

Unfortunately, due to the Covid pandemic, NCRC is unable to offer student opportunities to mediate Small Claims Court disputes under the mentoring of NCRC mediators. Once the SCC resumes operations, the opportunity will be revisited possibly under a virtual format.

 

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

Mental Health Law (LWPP545)

Instructor(s): Dov Fox

3 credit(s), Letter Graded
Concentration(s): Criminal Litigation (JD), Health Law (JD), Criminal Law (LLMC), Criminal Law (LLMG), Criminal Law (MSLS)

This course will examine civil and criminal law doctrine that relates to the mental health care system in the United States. The civil aspects of mental health law we will cover include competency, informed consent and refusal, duties to warn, and involuntary commitment. On the criminal side, we will learn about such topics as the psychological profiling, child abuse, the insanity defense, and death penalty.

Multistate Bar Exam Review (online) (LWGC576)

Instructor(s): Staff

4 credit(s), Letter Graded

The Online MBE Course offers a robust conceptual understanding of highly tested areas of law and a flexible approach to solving bar exam questions via an asynchronous online platform. Students will review substantive doctrine through online lectures, assigned text, MBE questions and black-letter law. Through the course, students systematically build exam skills including reading comprehension, issue identification, rule mastery, application, critical thinking, and legal analysis. Students will also learn how to recognize and deal with common MBE “distractors.” Students receive a course textbook, workbook with problems, and access to BARBRI AMP and online lectures. The course assessment includes a 100-question diagnostic/baseline exam, midterm exam, and a comprehensive final exam. The midterm and final exams will be online. Only students planning to graduate in December 2022 or May 2023 may register for the course.

 

Negotiation (LWLP560)

Instructor(s): Ana Sambold, Staff

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

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), and Employment and Labor Law Concentration (JD) web pages for more information.
Additional Information: Business and Corporate Law Concentration (JD), Civil Litigation Concentration (JD)

Partnership Tax (LWTE545)

Instructor(s): David Bowen

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

This course considers the federal tax consequences of entity classification of partnership and limited liability companies; formation of a partnership; basis of partnership interests and assets; effect of liabilities on basis; allocation of income and deductions; partnership elections; continuation, merger, and termination of partnerships; family partnerships; sales and exchanges of partnership interests; liquidating and non-liquidating distributions; retiring partners; and pertinent policy considerations.

Patent Law (LWIP570)

Instructor(s): Joseph Reisman, Maria Stout

2 credit(s), Letter Graded
Concentration(s): Intellectual Property (JD), Intellectual Property (LLMC), Intellectual Property Law (LLMG), Intellectual Property Law (MSLS)

The purpose of this course is to prepare students to understand the law and analyze the problems involved in protecting inventions under U.S. Patent Laws and in protecting trade secrets under the common law and the California Trade Secret Statute. Although the protection of state-of-the-art technology, including software and biotechnology, is included in portions of the course, technical or scientific expertise of the student is not a prerequisite.

Patent Litigation I (LWIP568)

Instructor(s): Michael Amon, Oliver Richards

2 credit(s), H/P/L/F Graded
Requirement(s): Experiential
Concentration(s): Intellectual Property (JD), Intellectual Property (LLMC), Intellectual Property Law (LLMG), Intellectual Property Law (MSLS)
Prerequisite(s): Patent Law or concurrent enrollment

The patent litigation course provides substantive patent law knowledge with a focus on the practical application and litigation skills. This course is appropriate for students who have taken or are taking patent law and other intellectual property courses and who are seeking to deepen and refine their understanding of how patent litigation actually works. This course will be of particular interest to students who envision practicing in the areas of patent litigation or patent prosecution. Grading will be based on written assignments, participation in classroom discussions, and participation in the various in-class exercises. Previous coursework in general patent law is recommended but not required. Patent Law is a pre-or-co-requisite.The course is graded on a 4-tier Pass-Fail basis

Professional Responsibility (LWAA580)

Instructor(s): David McGowan, Timothy Casey

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.

Public Interest Law Clinic (LWVL544)

Instructor(s): Staff

1-3 credit(s), H/P/L/F Graded

Students who enjoy California Regulatory Law & the Public Interest 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 legislation; participating in litigation to enforce the state's "sunshine statutes"; or submitting amicus curiae briefs on public interest issues pending appeal. Students interested in Public Interest Law Clinic must secure a permission slip prior to register from Prof. Fellmeth or Prof. Gramme. 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

Public International Law (LWIC575)

Instructor(s): Maimon Schwarzschild

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

Public International Law examines the origin, content and operation of the law applicable to the conduct of nation states and international organizations and to their relations with one another. Particular attention is given to the relationship between international law and national law, international agreements, use of force, terrorism, peaceful settlement of disputes, jurisdictional principles, human rights, the status of individuals under international law, state responsibility and remedies, legal protection of foreign investment and the law of the sea.

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

Remedies (LWLP570)

Instructor(s): Mary Jo Wiggins

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

The Remedies course examines legal and equitable remedies under statutes and the common law: what can parties to litigation obtain from the courts? Courts have the power to grant temporary and permanent injunctions, damages calculated in various ways, and restitution. What can and should a party seek from a court in a particular case? What will a court grant, and on what doctrinal and factual basis? This course will particularly look at the public law aspect of remedies: remedies for constitutional violations, "structural" or institutional injunctions, constitutional limits on tort and other remedies, and the nature and limits of equitable remedies.

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

Reparations (LWPP574)

Instructor(s): Roy L. Brooks

1 credit(s), Letter Graded
Requirement(s): Writing

This seminar provides an intense study of reparations and allied strategies for redressing the atrocities of slavery and Jim Crow. Governments (federal, state, and local) and private institutions (such as banks, newspapers, and universities) are engaged in intensive discussions about the ways in which they can account for their participation in these lasting forms of racial oppression visited upon African Americans. This seminar situates itself in the middle of such discussions. Emphasis will be placed on competing frameworks advanced to understand and establish accountability for these past atrocities. Thus, students will be asked to learn these frameworks and apply them in a research paper.

Securities Regulation (LWBC580)

Instructor(s): Stephen Ferruolo

3 credit(s), Letter Graded
Concentration(s): Business and Corporate Law (JD), Public Interest Law (JD), LLM in Business and Corporate Law (LLMB), Business and Corporate Law (LLMC)
Recommended Class(es): Corporations

The Securities Regulation class will include an overview of the capital markets and the underwriting process, the structure and prohibitions of the Securities Act, the registration process, the definitions of security and exempted securities, the private and limited offering exemptions, offerings by underwriters, affiliates and dealers, civil liability under the Securities Act, fraud in connection with a purchase or sale of a Security, and general civil liability provisions. Recommended: Corporations

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

State Income Tax Clinic I (LWVL560)

Instructor(s): Mengjun He

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

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): Mengjun He

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

State Sales & Use Tax Clinic I (LWVL562)

Instructor(s): Michael Larkin

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

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): Taxation (LLMC), LLM in Taxation (LLMT)

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): Miranda Perry Fleischer, Staff

3-4 credit(s), Letter Graded
Concentration(s): Taxation (LLMC), Taxation (MSLS)

Tax I provides an overview of the major structural components of the current federal individual income tax system, including income; exclusions, deductions, and credits; cost recovery concepts; capital gains preferences; tax accounting issues; and tax expenditures.  It also discusses basic principles of tax policy, as well as teaching to students to read and interpret statutory and regulatory provisions.  When taught online, a student’s grade will consist largely of a traditional law school exam, but discussion board participation, biweekly low-stakes quizzes, and completion of weekly problem sets will also factor into grades.  

Tax Litigation (LWTE565)

Instructor(s): Richard Carpenter

2 credit(s), Letter Graded
Concentration(s): Taxation (LLMC), LLM in Taxation (LLMT), Taxation (MSLS)

This course provides a comprehensive review of prelitigation IRS administrative procedures, practical analysis in the selection of a choice of forum to litigate a federal tax dispute, pre-trial practice and case analysis, trial techniques and strategies when litigating a federal tax dispute before the U.S. Tax Court, and a review of refund litigation.

Tax Planning Lab (LWTE568)

Instructor(s): Paul Yong

3 credit(s), Letter Graded
Concentration(s): Business and Corporate Law (JD), LLM in Business and Corporate Law (LLMB), Business and Corporate Law (LLMC), Taxation (LLMC), LLM in Taxation (LLMT), Business and Corporate Law (MSLS), Taxation (MSLS)
Prerequisite(s): Tax I
Corequisite(s): Corporate Tax

The course will be held on select Fridays during the fall semester. Students will work in teams on simulated tax planning exercises with lawyers from Sempra Energy & KPMG. Exercises will include planning, counseling, and negotiating on matters related to mergers & acquisitions, corporate tax, international tax, and financial statement impact. Federal Income Tax (Tax I) is a pre-requisite for the course and Corporate Tax is a co-requisite and which may be taken concurrently. The course is open to both JD and LLM students. Grades will be assessed based on group projects, written work, and participation.

All classes are scheduled to be held at Sempra in fall 2022.

Tax Practice & Penalties (LWTE574)

Instructor(s): Ronson Shamoun

2 credit(s), Letter Graded
Concentration(s): Taxation (LLMC), LLM in Taxation (LLMT), Taxation (MSLS)
Prerequisite(s): Tax I

This course will examine the range of penalties that must be considered when advising on transactional tax and tax controversy matters, and it will provide a thorough background for preparing opinion letters in an effort to prevent and defend against penalties. Both transactional tax advisers and tax controversy attorneys must have a comprehensive knowledge of these penalties in order to satisfy their professional obligations. Transactional tax advisers must consider penalties when structuring business deals and will need to reference them when preparing opinion letters. Tax controversy attorneys will need to understand and be able to adequately defend against the assessment of penalties to effectively represent their client in settlement and court proceedings.

In this class we will examine relevant statutes, regulations, and case law. The class will focus on substantive and procedural law and on practical legal strategies when confronted with these issues. We will examine the statutory, regulatory, and ethical standards governing those who practice in the tax field, including the applicability of Circular 230 and other state rules regulating an attorney’s professional conduct. There will be a few guest speakers throughout the course from various firms and agencies who will discuss the application of tax penalties to their practice and work along with examples of current cases they are working on. Nearly every class will touch on a tax practitioner’s ethical obligations as they pertain to Circular 230. In addition to the statutes and opinion letters, we will also be discussing methods of proof and defenses of penalties, which are crucial to successfully representing a client.

Taxation of Property Transfers (LWTE575)

Instructor(s): Phillip Jelsma, Staff

2 credit(s), Letter Graded
Concentration(s): Taxation (LLMC), LLM in Taxation (LLMT), Taxation (MSLS)
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.

Torts (LWAA540)

Instructor(s): Chris Wonnell, Miranda McGowan, Steven Smith

4 credit(s), Letter Graded

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

Transitional Justice (LWIC590)

Instructor(s): Staff

3 credit(s), Letter Graded
Concentration(s): Children's Rights (JD), Criminal Litigation (JD), International Law (JD), Public Interest Law (JD), International Law (LLMC), LLM in International Law (LLMI), International Law (MSLS)

“Transitional Justice” is an emerging field of policy, practice, and study that focuses on the moral, legal, and political dilemmas encountered as individuals, communities, and nations attempt to grapple with historical legacies of war crimes, crimes against humanity, genocide, and other large-scale human rights violations. In such circumstances: Who must be punished and who may be pardoned? Do vigorous efforts to promote legal accountability jeopardize the emerging and fragile peace? What is the proper role and responsibility of the so-called international community? In this class, we will examine the complementarity and conflict between the often overlapping demands that nations face in the wake of large-scale human rights abuses, including retribution, reconciliation, restitution, memory, and other forms of accountability. This will include study of the traditional range of transitional justice tools and interventions that have evolved, including international tribunals from Nuremburg to the ICC, truth commissions, reparations programs, public memorials, vetting and lustration initiatives, and broader institutional reform. Along the way, we will probe the blind spots, assumptions, and limitations of varying transitional justice mechanisms, together with the transitional justice project in general. Course grades will be determined on the basis of class participation, short reaction papers, a group oral presentation, and a final research paper. Please be advised that this course does not fulfill the law school’s written work requirement.

This class starts on Wednesday, August 31st

Trial Advocacy - Criminal (LWLP550)

Instructor(s): Monique Carter

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

This is an upper class course focused on the skills of case analysis and oral presentation of those cases to judges and juries in trials. The Fall course will focus on a piece of criminal litigation and will include developing skills used in a criminal jury trial as well as preliminary phases of criminal cases, including motions in limine, preliminary hearings and plea bargains. The course is specifically designed to expand the skills introduced to the student in Experiential Advocacy and 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.

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 (JD)

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 (JD)

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.

Washington DC Externship Program (LWVL594)

Instructor(s): Staff

5-9 credit(s), P/F Graded

The University of San Diego School of Law offers a unique educational experience that enables students to work in a semester-long externship in Washington, D.C. The USD Law Washington D.C. Externship Program is an experiential way of understanding the role of government, public policy or agency lawyers or advocates in our legal system. Students who work in government or related entities in Washington, D.C. will ultimately acquire an enhanced perspective and more sophisticated view of the role of government in law and society. Under the program, students will work, under supervision of an on-site attorney, for a government, or public interest agency, non-profit trade association or think tank, or with a judge; students will also be enrolled in a program of graded coursework. In addition to practical legal training, the program allows students to cement new professional contacts and enhance their professional profile. Second and third year students in good academic standing may apply. (Students within the academic supervision program must receive permission to apply for the program from Law Student Affairs). Applicants should inquire about implications of an externship with respect to other law school activities (e.g., law review and law journal writing, moot court, clinical opportunities, spring recruiting, etc.) Students will earn at least 10 credits under the program. Seven pass/fail credits will be earned through the work component of the externship (students work 50 hours per unit of credit.)Students must enroll for all components of the Washington, D.C., program. It is recommended that students work together with Career and Professional Development to locate semester-long placements based on individual student interests and career aspirations. The Dean's office determines the suitability of the placement. Students enrolling in the program will pay all standard tuition and fees required by the law school.

Note: There are limitations on JD concentration eligibility. Please check the JD concentration web pages for more information. Email the Office for Law Student Affairs to find out if your work qualifies for the concentration.
Additional Information: JD Concentrations Web Page, Email Law Student Affairs

Women's Legal Clinic I (LWVL583)

Instructor(s): Meredith Levin

2-4 credit(s), H/P/L/F Graded
Requirement(s): Experiential
Recommended Class(es): Family Law, Human Trafficking

Students gain practical training and real world experience through representation of individual clients on a variety of legal issues. The clinic will initially serve the family law needs of survivors of human trafficking in a variety of representative matters including: domestic violence restraining orders, child custody, and dissolution. Students provide advice, identify potential legal issues, and in some cases are able to advocate for clients in court proceedings. Weekly class seminar meetings are combined with individual case conferences to provide intensive personal training in litigation techniques, legal strategy, case management and client-centered lawyering. The classroom component also includes an overview of applicable law and procedure necessary to assist clients in family law matters. Recommended: Family Law, Human Trafficking. The clinic is graded on a 4-tier Pass-Fail basis.

Women's Legal Clinic II (LWVL584)

Instructor(s): Meredith Levin

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

Workers' Rights Clinic (LWVL585)

Instructor(s): Michael Gaitley

1 credit(s), H/P/L/F Graded
Requirement(s): Experiential
Concentration(s): Employment and Labor Law (JD), Employment and Labor Law (LLMG)

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.