Course Descriptions

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Spring 2020 Class Descriptions

Advanced Business Planning (LWTE505)

Instructor(s): Richard Shaw, Laura Buckley

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

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

Advanced Pass-Thru Taxation (LWTE546)

Instructor(s): Willard Taylor

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

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

 

Advanced Trial Advocacy (LWLP515)

Instructor(s): Bibianne Fell

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

This intensive course is designed to improve each student’s individual trial presentation skills. Over two weekends, students will watch lectures and demonstrations from experienced practitioners, practice trial skills based on a hypothetical case file in workshops, receive individual critique, and participate in skills drills designed to have students repetitively practice the skill and think on their feet. 

 

The course will address advanced issues in trial advocacy including expert witnesses, trial technology, differences in advocacy between plaintiff/defense and criminal/civil practices, and civility in the courtroom.

Agency Externship I (LWVL596)

Instructor(s): John Sansone

1-6 credit(s), P/F Graded
Requirement(s): Experiential
Concentration(s): Employment and Labor Law (JD), Criminal Litigation (JD), Civil Litigation (JD), Children's Rights (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, provided the student is not receiving compensation for those hours.

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

If you have been offered and have accepted a field placement, meet the eligibility requirements, agree to meet the course obligations and want to register for the Externship course, fill out the Field Placement Form here. After you submit the form, the Office of Career and Professional Development will review it and send you an email with directions on how to enroll.

If you have any placements questions, read the FAQ's available at that link.  If the FAQ's do not answer your field placement questions, contact the Office of Career and Professional Development at lawcareers@sandiego.edu. If you have academic questions, contact Professor John Sansone, Academic Director, at jsansone@sandiego.edu.

Note:

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


Additional Information: here

Agency Externship II (LWVL590)

Instructor(s): John Sansone

1-6 credit(s), P/F Graded
Requirement(s): Experiential
Concentration(s): Criminal Litigation (JD), Civil Litigation (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 link here to the Agency Externship Course Resource Handbook.

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

Note:

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


Additional Information: Here

Anti Corruption Law & Policy (LWPP509)

Instructor(s): Staff

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

The course will focus on analyzing global anti-corruption legislation, policies and practice at the national and international level and on the public and private sector. The course starts with a brief discussion of definitions and theories on corruption and anti-corruption. After that, the course will touch on three specific areas: global anti-corruption legal frameworks; local, national and international anti-corruption policies and enforcement; and finally, anti-corruption strategies and practices in the private sector. The course will conclude with a workshop on country case studies where the students will present one example to be discussed in class. This course is designed so students with focus in law, international relations, political science and business and administration can have an interdisciplinary approach to anti-corruption, gauging a general understanding of the law, the policies and the practices in both the public and the private sector. This class will meet on Friday, January 25 – 3:00-7:00 p.m. and Saturday and Sunday, January 26 & 27 from 9:00 – 2:00 p.m.

This course will be graded based on a paper/written project that is not eligible for USD written work credit.  The paper/written project will be due two weeks after the class ends.

Antitrust (LWBC503)

Instructor(s): Mark Lee

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

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

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

Appellate Clinic (LWVL501)

Instructor(s): Michael Devitt, David Schlesinger

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

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

Art Law (LWIP505)

Instructor(s): Herbert Lazerow

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

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

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

Artificial Intelligence and the Law (LWIP506)

Instructor(s): Thomas Smith

3 credit(s), Letter Graded
Requirement(s): Writing
Concentration(s): Intellectual Property Law (LLMG), Intellectual Property (JD), Intellectual Property Law (MSLS)

Questions about artificial intelligence and law range from the mundane (Who is liable if a self-driving car causes an accident?) to the sublime (Is it possible to envisage a machine that is a judge or a legislator?). In this course, we will explore pressing questions that will soon be upon us, such as autonomous vehicle liability, and the legality of autonomous weapons under the laws of war. Then we will tackle broader issues, such as workers’ rights (or their absence) in an increasingly automated economy; whether (conscious?) AIs should be treated as legal persons; and whether “the rule of law” can or should survive our society’s encounter with machine intelligence. As we proceed, we will be forced to develop our own tentative answers to questions such as, can machines really be intelligent, or are they just cleverly programmed? And, is AI so dangerous that it should be regulated like nuclear and some biological technologies are? (Bill Gates, Elon Musk and Stephen Hawking seem to think so.) Students will be required to prepare readings, attend the weekly seminars, and write a research-based paper. Enrollment is limited to 19 students.

Business Planning (LWBC520)

Instructor(s): Dennis Doucette

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

This seminar combines advance work in Corporations, Federal and State Securities laws, and Federal Taxation in the context of business planning and counseling. The course is based upon a series of problems involving common business transactions which present corporate securities law and tax issues for analysis, and resolution. The problems cover such topics as factors in the decision to incorporate; the formation of partnerships, limited liability companies, and corporations, both closely held and publicly owned; securities law considerations in raising capital; corporate distributions; the sale and purchase of businesses; mergers and other forms of acquisition; and recapitalization, division, and dissolution of corporations.

California Civil Discovery Practice (LWLP521)

Instructor(s): Virginia Nelson Andrews

2 credit(s), H/P/L/F Graded
Requirement(s): Writing OR Experiential
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 Civil Procedure (LWLP520)

Instructor(s): Shaun Martin

3 credit(s), Letter Graded
Concentration(s): Civil Litigation (JD), Employment and Labor Law (JD), Employment and Labor Law (LLMG)
Prerequisite(s): Civil Procedure

This course is designed for upperclass law students who intend to practice law in California and therefore may wish to learn more about California civil procedure. The course will focus on the important caselaw doctrines, statutory rules, and policies which define civil litigation in the California courts with particular attention to those areas of California civil procedure that are unique when compared to federal and to other states' procedural laws. The topics covered will include considerations before undertaking representation; statutes of limitations and related doctrines; California conflicts of law doctrine; jurisdiction, venue, forum non conveniens, and service of process; prejudgment attachment and other provisional remedies; claim and issue preclusion; pleadings and motions; joinder of parties and claims, new party cross-complaints, equitable indemnity, and good faith settlements; the California Civil Discovery Act; summary judgments, default judgments, involuntary dismissals for failure to prosecute, the “fast track” system, and judicial and contractual arbitration; right to jury trial, trial procedures, and post-trial motions; judgments, enforcement of judgments, and setting aside judgments; and appeals, extraordinary appellate writs, and administrative mandamus. The course will also provide students with a brief summary of the federal or general position on each major topic covered as a basis of comparison and as a review of basic civil procedure. Third year full-time and fourth year part-time students have registration priority for this class.

California Criminal Litigation Skills (LWCR505)

Instructor(s): Jean Ramirez

3 credit(s), Letter Graded
Requirement(s): Experiential
Concentration(s): Criminal Law (LLMG), Criminal Law (LLMC), Criminal Litigation (JD)
Prerequisite(s): Criminal Law, Legal Writing & Research

If you are considering a career as a prosecutor or criminal defense attorney, or plan to intern at a prosecution or criminal defense agency, this is the course for you. This course focuses on the knowledge and skills required to litigate criminal cases in the California trial courts. The class tracks a criminal case from arrest through sentencing, but not trial, providing students with an overview of the process. Students draft practice-related documents, participate in courtroom simulations, learn fact management and development, and participate in discussions on relevant topics.

Note: Students that have taken Criminal Clinic are not eligible to enroll in this class.

California Torts (LWLP522)

Instructor(s): Edmund Ursin

3 credit(s), Letter Graded
Concentration(s): Health Law (JD)
Prerequisite(s): Torts

California Torts focuses on the unique body of doctrines, policies, and jurisprudential perspectives that make up California personal injury law. For the past half century the California Supreme Court has been the most influential state supreme court in the nation. Indeed, six of the seven “most followed” state supreme court decisions rendered since 1966 are tort decision of the California Supreme Court. Roughly speaking, there have been three generations of California tort law—and today’s tort law is an amalgam of the three. Beginning in the 1960s, the avowedly lawmaking court of the “Traynor era,” rewrote much of the fault-based, liability-limiting body of traditional tort doctrine, thereby establishing the doctrine of strict products liability and abolishing or limiting an array of no-duty rules and defenses that had shielded negligent defendants from liability. Beginning in the mid-1980s, however, the court—by then dominated by Republican appointees, but remaining a policy oriented lawmaking court—has created a third generation of decisions which have “refined,” or limited, the doctrines put in place by its liberal predecessor. First year torts courses inevitably obscure the unique character of California tort law—taken as a body of connected doctrines, policies, and jurisprudential perspectives. The forest, so to speak, is not seen and even “California trees” are often not in clear focus. The goal of this course is to enable students to understand the forest, see clearly—and understand—the individual trees, and to be able to anticipate new growths. This course will also serve as a review of material that will be tested on Bar examinations. 

Child Advocacy Clinic: Delinquency I (LWVL503)

Instructor(s): Robert Fellmeth, Jessica Heldman

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

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

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

Child Advocacy Clinic: Dependency I & II (LWVL507)

Instructor(s): Robert Fellmeth, Jessica Heldman

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

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

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

Child Advocacy Clinic: Policy I & II (LWVL505)

Instructor(s): Robert Fellmeth

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

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

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

Civil Clinic I (LWVL510)

Instructor(s): Allen Snyder, Allen Gruber, Joe Villasenor

2-4 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 or Practicum

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

 

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

Civil Clinic II (LWVL511)

Instructor(s): Allen Snyder, Allen Gruber, Joe Villasenor

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): Practicum or Trial Advocacy

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

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

Community Property (LWFC554)

Instructor(s): Dennis Lilly

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.

Complex Litigation (LWLP523)

Instructor(s): Scott Metzger

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

This class is important for anyone interested in a civil litigation practice. While we will spend the majority of our time on class actions, we will also cover derivative, qui tam (“whistle blower”), and Private Attorney General Act (PAGA) claims. This is an experiential class which will be graded based on a mid-term and final brief, each followed by oral argument. Class participation will also be considered.

Constitutional Law I (LWAA515)

Instructor(s): Michael Rappaport, Michael Ramsey, Maimon Schwarzschild

4 credit(s), Letter Graded

This course provides an introduction to the United States Constitution, stressing the theory and practice of judicial interpretation and review, the separation of federal powers, the relation of the states to the federal government, and specific powers of the federal government. It also provides an introduction to the Bill of Rights and its limitations on the exercise of governmental power, with emphasis on freedom of speech.

Constitutional Law II (LWPP525)

Instructor(s): Miranda McGowan, 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. 

Contract Drafting (LWGC563)

Instructor(s): Elaine Edelman, Tony Roberts

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

Transactional drafting is crucial to the legal profession. It refers to the process of creating documents to formalize agreements between parties. This course trains students to be able to use the process comfortably. You will learn to structure agreements, and express them in clear and concise language that will benefit clients and maximize the likelihood of favorable interpretation. The course emphasizes both cooperative and individual drafting work. Each week in class, you will focus on selected components of the drafting process, and prepare a document or exercise requiring you to practice what you learn. You will receive immediate feedback on that day’s drafting activity, and written comments on individual weekly homework assignments. Visits by attorneys who draft contracts in their practice will provide a view of how the legal profession depends on this skill. This class will use various types of contracts that touch on various areas of substantive law: contracts for the sale of goods, business or property (contract law, commercial transactions); residential and commercial leases (landlord-tenant and real estate law); settlement agreements (torts); employment, non-disclosure and non-compete agreements (employment law); retainer agreements (legal ethics); intellectual property rights (intellectual property); corporate acquisitions (corporations, securities law); entertainment contracts (entertainment law); vendors’ contracts (sports law). Grades are based on the scores on individual weekly assignments.

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

Contracts (LWAA520)

Instructor(s): Laurence Claus, David McGowan, Jordan Barry

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

An introduction to legal reasoning and analytical skills through an investigation of how the law enforces agreements. Included are such topics as: the requirements for the formation of a contract; problems of interpretation; damages for breach; the statute of frauds; illegality; and problems which arise during the performance stage of a contract, such as the creation and failure of express and implied conditions, excuse through impossibility or frustration of purpose, and discharge. Article II of the Uniform Commercial Code is introduced and compared with the common law of contracts.

Copyright Law (LWIP525)

Instructor(s): Abraham Bell

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

This course surveys the law relating to rights in expressive works. We will study what copyright covers – such as books, movies, musical recordings, and software – and distinguish copyright from other forms of intellectual property, such as trademark and patent. We will focus on the exclusive rights granted in copyrightable works, rules governing the transfer of those rights, what acts infringe those rights, what remedies the law provides for infringement, and what limitations the law places on those rights, such as the fair use doctrine. We will discuss some topics of current interest, such as the rules governing the copying and distribution of music over peer-to-peer networks, digital rights management, and open-source software development.  This class features a take home final exam.

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

Corporate Counsel Externship I (LWVL591)

Instructor(s): Beth Baier

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

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

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

If you have been offered and have accepted a field placement, meet the eligibility requirements, agree to meet the course obligations and want to register for the Externship course, fill out the Field Placement Form here. After you submit the form, the Office of Career and Professional Development will review it and send you an email with directions on how to enroll.

If you have any placements questions, read the FAQ's available at that link.  If the FAQ's do not answer your field placement questions, contact the Office of Career and Professional Development at lawcareers@sandiego.edu. If you have academic questions, contact Professor John Sansone, Academic Director, at jsansone@sandiego.edu.

Note:

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


Additional Information: Concentrations, Here

Corporate Counsel Externship II (LWVL589)

Instructor(s): Beth Baier

1-6 credit(s), P/F Graded
Requirement(s): Experiential
Concentration(s): Intellectual Property Law (LLMG), Employment and Labor Law (LLMG), Intellectual Property (LLMC), Business and Corporate Law (LLMC), Intellectual Property (JD), Health Law (JD), Employment and Labor Law (JD), Business and Corporate 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 a Corporate Counsel Externship placement. Please refer to Corporate Counsel Externship I description for additional requirements.

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

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

Corporate Reorganization (LWTE510)

Instructor(s): M. Carr Ferguson

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

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

 

Corporate Tax (LWTE560)

Instructor(s): Ariel Jurow Kleiman

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

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

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

Corporations (LWBC545)

Instructor(s): Shawn Miller

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

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

Criminal Procedure I (LWCR520)

Instructor(s): Donald Dripps

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

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

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

Criminal Procedure II (LWCR525)

Instructor(s): Knut Johnson

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

In this advanced criminal procedure class, students will continue the study commenced in Criminal Procedure I, focusing on the processing of a criminal defendant through the criminal justice system. The course will address a number of issues regularly presented in criminal cases, including the charging process, the right to a speedy trial, criminal discovery and disclosure, the right to jury trial, the right to effective assistance of counsel, the right to confrontation and the exercise of the privilege against self incrimination at trial. In addition the course will include discussions of the principles of the right against double jeopardy, and post conviction remedies such as direct appeal and petitions for habeas corpus. The purpose of the course is to develop an understanding of the basic structure of the criminal process in a federal system of government as well as the basic principles underlying the constitutional and procedural protections of the criminal justice system.

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

Discrimination Law & Diversity (LWPP520)

Instructor(s): Roy Brooks

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

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

Education & Disability Clinic I (LWVL550)

Instructor(s): Mimi Adams

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

Employment Discrimination (LWPP535)

Instructor(s): Miranda McGowan

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

This general survey course of employment discrimination laws will focus on primarily the federal anti-discrimination laws prohibiting employment discrimination based on race, sex, pregnancy, national origin, age, sexual orientation. (We will also discuss the California Fair Employment and Housing Act's protections when they diverge from federal law. The Americans with Disabilities Act will not be a primary area of study.) This course gives students an opportunity to think about the meaning and practice of discrimination, to analyze various anti-discrimination approaches, and to learn to think creatively and flexibly when working on problems within this complex, evolving field of law. Students will learn to strategize about bringing and defending employment discrimination suits and, perhaps even more importantly, about helping clients develop policies and practices that foster discrimination-free workplaces and resolve workplace issues before they develop into lawsuits.

Employment Law & Technology (LWPP539)

Instructor(s): Richard Paul

3 credit(s), Letter Graded
Requirement(s): Writing
Concentration(s): Employment and Labor Law (LLMG), Employment and Labor Law (JD)

This course will examine the application of free expression, privacy, harassment, defamation and related workplace doctrines to issues created by the proliferation of communications and related technology devices. The course will open with a discussion of some of the technologies, their typical ownership and function, and of the areas of potential concern surveyed in several articles published by the instructor on these topics. The first third of the course will review employer and employee rights and duties in the clash between employer interests in efficiency and information security with employee rights of speech, privacy and the like. The second third of the course will examine the application of these ideas to different stages of the employment relationship (i.e., pre-hire, testing, selection, monitoring, discipline, etc.). We will consider current issues raised by specific electronic technologies (e.g., computer search technologies, PDAs, SNS, text and image messaging, blogspeak, GPS); medical technologies (e.g., security implants, employee genetic testing and coding); workplace configurations (e.g., remote employment); rights of ownership; and special work environments in which information free flow is either vital or restricted (e.g., public sector, healthcare, defense, higher education). The final part of the course will be reserved for presentation and discussion of student papers on topics within the general course parameters.

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

Energy Law and Policy Clinic I & II (LWVL518)

Instructor(s): Joseph Kaatz

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

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

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

Entertainment Law (LWBC553)

Instructor(s): Staff

3 credit(s), Letter Graded
Requirement(s): Writing
Concentration(s): Intellectual Property Law (MSLS), Intellectual Property Law (LLMG), Employment and Labor Law (LLMG), Intellectual Property (JD), Employment and Labor Law (JD)

This course is designed to introduce participants to the legal dynamics that undergird the American entertainment industry, a global economic and cultural juggernaut.

At the core of Entertainment Law are two legal regimes:

1)intellectual property (“IP”), including copyright, trademark and rights of publicity, and

2)Contract law.

Entertainment Law explores these regimes, from deals, such as “360” sound recording agreements to disputes, such as Lil’ Wayne’s breach of contract suit against Cash Money.

Using interactive media, video and music clips, Entertainment Law will use materials, including cases, contracts and statutes to explore the motion picture, video game, television and music industries from transactional, economic, clearance and litigation perspectives.

From rapper Jay Z’s copyright infringement lawsuit in the “Big Pimpin’” case, to Run-DMC’s trademark infringement suit against Target, and Pamela Anderson’s breach of contract case by film producer, and more, Entertainment Law will immerse participants in the law behind the glitter and glitz of the entertainment industry.

Participants will write a scholarly paper on a relevant topic in lieu of an exam for this course.

Entrepreneurship Clinic I (LWVL520)

Instructor(s): Sebastian Lucier

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

Through hands-on opportunities, students in the Entrepreneurship Clinic provide pro bono legal services to low- and moderate-income entrepreneurs who want to start or expand their small businesses. The Entrepreneurship Clinic does not engage in litigation-related services; instead, it focuses on advising clients on legal matters relating to starting their business and assisting in drafting and filing necessary documents. Such work includes: determining the appropriate choice of business entity, assistance in obtaining necessary permits and licenses, advising on employment and independent contractor issues, drafting and reviewing commercial contracts and leases, and assisting with the establishment of tax-exempt organizations. The clinic is graded on a 4-tier Pass-Fail basis. No prerequisites.

 

Entrepreneurship Clinic II (LWVL521)

Instructor(s): Sebastian Lucier

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

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

Environmental Law (LWEV520)

Instructor(s): Staff

3 credit(s), Letter Graded

This survey course addresses the principles that govern environmental law, including the respective roles of the courts, state and federal agencies, and citizen groups. Federal environmental statues covered include: The National Environmental Policy Act, Endangered Species Act, Clear Air Act, Clean Water Act, and Comprehensive Environmental Response, Compensation and Liability Act (Superfund). The course will also introduce California state environmental law through the California Environmental Quality Act and the Public Trust Doctrine.

Note: This is a required course for the Environmental & Energy Law (JD) concentration.
Additional Information: Environmental & Energy Law Concentration (JD)

Estate & Tax Planning Seminar (LWGC519)

Instructor(s): Adam Hirsch

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

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

European Union Law (LWIC521)

Instructor(s): Ralph Folsom

2 credit(s), Letter Graded
Requirement(s): Writing
Concentration(s): International Law (MSLS), LLM in International Law (LLMI), International Law (LLMC), International Law (JD)

Law, policy and procedures of the European Union, including growth of the EU common market and its jurisdiction, law-making, litigation, freedoms of movement, common economic and social policies, the EURO, external trade relations, human rights, and business competition law. This is a paper course.

Evidence (LWLP529)

Instructor(s): Donald Dripps

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

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

 

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

Evidence Advocacy Lab (LWLP530)

Instructor(s): Lisa Rodriguez

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

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

Experiential Advocacy Practicum (LWAA576)

Instructor(s): Linda Lane

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

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

Family Law (LWFC540)

Instructor(s): Staff

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

This open-enrollment course surveys the constitutional and legislative doctrine and the adjudication frameworks related to traditional family-law topics: marriage and divorce; marital property regimes; parent and child, including child custody, termination of parental rights, and adoption; family support rights; and rights of children. The course will be organized generally in relation to the California Family Code.

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

Federal Courts (LWPP545)

Instructor(s): Steven Smith

3 credit(s), Letter Graded
Concentration(s): Public Interest Law (JD), Civil Litigation (JD)

This course is best described as advanced constitutional law focusing on the power of the federal courts, particularly with respect to the states and the other branches of the federal government. It is essential for anyone planning to clerk for a federal judge, or to perform public interest work in a variety of areas involving constitutional claims or governmental litigants. In practical terms, the materials concern who may bring suit in federal court, against whom, and under what circumstances. Specific topics include interpretation of Article III, justiciability (including standing and the "political question" doctrine), congressional power over the jurisdiction of the federal courts (including the extent to which civil rights suits and "enemy combatants" may be excluded from federal court), the immunities from suit enjoyed by state governments and public officials (such as police officers), and habeas corpus. Those interested may peruse Hart & Wechsler's The Federal Courts and the Federal System for a further indication of course content. Prior completion of, or concurrent enrollment in, Constitutional Law II is very strongly advised. The course materials assume a working knowledge of due process, equal protection, and state actor doctrine.

Federal Income Tax Accounting (LWTE531)

Instructor(s): David Bowen

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

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

Federal Tax Clinic I (LWVL555)

Instructor(s): Richard Carpenter

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

This is a hands-on clinical course for students who wish to develop tax controversy skills. Students working under the supervision of the Tax Clinic supervising attorney will represent low income taxpayers in resolving their tax disputes with the IRS. Students will learn client interviewing skills, how to interact with IRS personnel, and how to effectively resolve a client’s federal tax dispute. Students must also be available to participate in Tax Clinic Outreach presentations at various community locations and times. The clinic is graded on a 4-tier Pass-Fail basis. Prerequisite: Tax I

 

Federal Tax Clinic II (LWVL556)

Instructor(s): Richard Carpenter

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

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

Fundamentals of Bar Exam Writing (LWGC520)

Instructor(s): Lori Temko, Allison Simkin, Kevin Sherrill, Kathleen Bolus, Christine Wu

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

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

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

Global Antitrust (LWBC566)

Instructor(s): Staff

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

This course introduces students to antitrust law in leading jurisdictions worldwide. As economies become increasingly global, U.S. and other businesses can be directly and indirectly affected by these laws, including especially laws outside the U.S., which are materially more restrictive than corresponding U.S. law. The course is designed to provide students with at least rudimentary familiarity with basic concepts, as well as approaches to utilize with business clients regarding their operations and expectations. In addition, the course will cover the impact of politics, industrial policies and the enforcement process, all of which are often determinative in lieu of antitrust principle and evidence.

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

Health Law & Reproduction (LWGC536)

Instructor(s): Dov Fox

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

Millions of children each year are born using reproductive technologies. The emergence of new, technologically advanced ways to have children has raised new questions in tax, torts, contract, inheritance, immigration, family, constitutional, and especially health law. This course considers the cases, statutes, and policies that explore these issues. We will cover topics including sperm donation, egg freezing, gamete selling, embryo disputes, prenatal torts, surrogacy contracts, fertility tourism, and posthumous conception. No background in science or medicine is required. The course grade will be based on a final exam.

Honors Moot Court Competition (LWWI559)

Instructor(s): Michael Devitt

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

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

Human Trafficking (LWCR538)

Instructor(s): Andrew Haden, Alessandra Serano

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

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

Immigration Clinic I (LWVL530)

Instructor(s): Sandra Wagner

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

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

 

Immigration Clinic II (LWVL531)

Instructor(s): Sandra Wagner

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

In-House Corporate Counseling (LWBC567)

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

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

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

Income Tax of Trusts & Estates (LWTE536)

Instructor(s): Ann Harris

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

The federal income taxation of trusts, estates, and their beneficiaries; distributable net income; distribution deductions for simple and complex trusts and estates; grantor trusts; income in respect of a decedent; and throwback rules. 

 

Int'l Estate Planning (LWTE538)

Instructor(s): Patrick Martin, Raul Villarreal Garza

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

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

Int'l Migration Law & Policy (LWIC545)

Instructor(s): Horacio Spector

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

This course includes elements of public international law and comparative law in the emerging area of international migration. The international normative system on forced migrations is interpreted and implemented in different ways by the States members of the 1951 Convention relating to the Status of Refugees, which gives rise to a rich array of international and comparative precedents. Students will learn the international norms relating to forced migrations and the rulings of American and European courts that apply those norms to particular controversies. Class discussions will focus on various alternatives to redesign the international system and propose an alternative structure that be capable of providing fairer and more efficient solutions to this serious problem. Successful completion of the paper will fulfill the law school’s written work requirement.

Intellectual Property Law Speaker Series (LWIP555)

Instructor(s): Ted Sichelman

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

The IP Law Speaker Series will feature seven distinguished speakers, typically leading academics, during the course of the semester. The speakers will address a variety of topics in patent, trademark, copyright, and trade secret law. Attendance at all seven speaker sessions is required. Students will draft a 1-2 page comment for each presented paper, which will be graded pass/fail. Students must have taken a course in some area of intellectual property, or have work experience in the field, to register for the course. 

International Arbitration (LWIC530)

Instructor(s): David Brennan

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

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

Note: This class is the equivalent of LWYL 545

International Business Transactions (LWIC533)

Instructor(s): Ralph Folsom

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

In the Spring Semester of 2020, this course will focus on international trade and investment law and policy (including that of the Trump administration). A second focus will be the globalization of free trade agreements, including those of China, Japan, the European Union and North America (the USMCA 2018). Grading will be by writing assignments that are not eligible for written work credit. No final exam. 

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

International Criminal Justice (Washington DC) (LWIC535)

Instructor(s): Staff

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

This course will be taught by a former U.S. Ambassador-at-Large for War Crimes Issues, who also served as a prosecutor for the International Criminal Tribunal for Yugoslavia and for the European Union. The course will examine the development of the field of international justice, the political and policy context in which transitional justice mechanisms are created and operate, and the record and jurisprudence of the various institutions established since the 1990’s when the modern era of international justice commenced. In addition to the classroom instruction and discussion, students will select a country or region that has confronted transitional justice challenges and will analyze whether the approaches employed to deliver justice have been successful and what alternative approaches, if any, might have produced better results. This course will be graded based on a paper that is not eligible for USD written work credit.

 

International Environmental Law (LWIC539)

Instructor(s): Staff

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

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

International Human Rights (Washington DC) (LWIC543)

Instructor(s): Staff

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

This class will provide an overview of the international human rights law system. We will examine the primary substantive standards that comprise the core of international human rights law, such as rights to a fair trial and to be free from genocide, torture, summary execution, arbitrary arrest and detention, and discrimination. We will also examine so-called “second-generation rights,” such as economic, social, and cultural rights. We will study the primary institutions and processes for the enforcement of such rights: treaty monitoring bodies, the regional human rights courts and commissions, the United Nations institutions, including the Human Rights Commission and the Security Council, domestic implementation through legislative and judicial mechanisms, as well as through inter-governmental diplomacy, reporting, and the mobilization of shame by non-governmental organizations. And, we will examine the explosion of international criminal tribunals, beginning with an examination of the Nuremberg trials, then a look at the International Criminal Tribunal for the Former Yugoslavia, the International Criminal Tribunal for Rwanda, and the new International Criminal Court. This course will be graded based on a paper that is not eligible for USD written work credit.

 

International Intellectual Property (LWIC545)

Instructor(s): Lisa Ramsey

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

This course examines international protection of intellectual property. We will discuss international treaties, trade agreements, and dispute resolution systems relating to trademarks, patents, copyrights, and related rights. The course will also cover acquisition and enforcement of intellectual property rights in foreign markets.

International Legal Research (LWGC527)

Instructor(s): Staff

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

This course is designed to introduce students to basic concepts, sources, and specialized research tools used in foreign and international legal research.  This course will include segments on researching international treaties, international courts and tribunals, United Nations documents, the European Union, as well as foreign legal systems.

 

International Negotiation (LWIC548)

Instructor(s): Allen Snyder

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

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 Sales (LWIC555)

Instructor(s): William Lawrence

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

This course focuses on the United Nations Convention on the International Sale of Goods (CISG), with comparisons to domestic law (the UCC in particular). Considerable time is devoted to the application of the CISG to problems that typically arise in international sales transactions. The course does not include an exam. Students instead prepare written memos that reflect the type of assignments they can expect in practice with a law firm.

Intro to US Law (LWGC530)

Instructor(s): Horacio Spector

2 credit(s), Letter Graded

Introduction to United States Law is a required course for Master of Comparative Law students. No other students may enroll. This course comparatively introduces distinctly American approaches to law, lawyering and legal processes. Special emphasis is placed on the common law tradition.

Note: This course is for LLMC students only.

Judicial Externship (LWVL598)

Instructor(s): Shaun Martin

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

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

 How to Register For A Judicial Externship For Credit

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

Judicial Lawmaking (LWLP540)

Instructor(s): Edmund Ursin

3 credit(s), Letter Graded
Requirement(s): Writing
Concentration(s): Civil Litigation (JD)

Judicial Lawmaking examines the lawmaking role of courts. Do courts make law? If so, can this lawmaking by unelected judges be justified in our democratic system? And what if any constraints should be imposed on this undemocratic lawmaking? The focus is not on substantive law. However, in discussing the common law role of courts, examples will be drawn from tort law. Similarly, in the realm of constitutional law, major decisions (Brown v. Board of Education, Lochner v. New York, and Roe v. Wade) will be examined, and we will consider the influence of such decisions on attitudes toward judicial lawmaking generally. A primary focus is the conception of judicial lawmaking embraced—and expressly articulated—by the great judges who have shaped, and continue to shape, American law: Chief Judge Lemuel Shaw, Justice Oliver Wendell Holmes, Justice Roger Traynor, and Judges Henry Friendly, and Richard Posner. The views of these judges are placed in the context of the law and legal scholarship (tort, constitutional, and jurisprudential) of their respective eras. The materials thus span the formative era of American law (the “Shaw era” 1830-1860), the seminal Lochner era, the “Traynor era,” and conclude by examining the contemporary tort scene and the recent jurisprudential writings of Judge Posner.  Successful completion of this course satisfies the written-work requirement.

Juvenile Law (LWFC546)

Instructor(s): Jean Ramirez

3 credit(s), Letter Graded
Requirement(s): Experiential
Concentration(s): Criminal Law (MSLS), Criminal Law (LLMG), Criminal Law (LLMC), Criminal Litigation (JD), Children's Rights (JD)

The course examines the work of the juvenile courts, specifically, juvenile justice and juvenile dependency cases. With respect to juvenile justice, the course will consider the law and procedure applicable to juveniles accused of criminal conduct and status offenses. With respect to juvenile dependency, the course will consider the law and procedure applicable when parental figures abuse, neglect, and endanger their children, triggering state intervention. In addition to a casebook, the course will utilize class speakers, field trips, practice-oriented writing, simulation, and films to teach the subject matter. Students will be graded on the basis of their writing and argument of two motions commonly brought in juvenile justice cases (40%), their videotaped negotiation and write-up in two dependency cases (40%), and class participation (20%). Students will be required to engage in self and peer evaluation and this work will be factored into class participation.

Labor Law (LWLP545)

Instructor(s): Richard Paul

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

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

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

Legal Writing & Research II (LWAA546)

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

2 credit(s)

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

Legal Writing & Research, LLMC (LWGC560)

Instructor(s): 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.

Legislation (LWPP565)

Instructor(s): Gail Heriot

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

The course examines the increasingly important role of statutes in the American legal system. A substantial part of the course will discuss statutory interpretation - an essential tool for lawyers that is not sufficiently covered elsewhere in the curriculum. The course will also address various aspects of the legislative process, such as campaign finance, lobbying, initiatives and other forms of direct democracy, and term limits.

Mediation Skills (LWLP556)

Instructor(s): Lisa Maxwell

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

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

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

Medical Malpractice (LWGC577)

Instructor(s): Dov Fox, Richard Barton

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

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

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

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

Mergers & Acquisitions (LWBC570)

Instructor(s): Thomas Smith

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

This course will examine selected economic, corporate law, and securities law aspects of the acquisition of businesses. Topics covered will include some basic (and necessary) corporate finance theory (such as valuation, efficient capital markets, event studies and option pricing theory); empirical evidence on the social costs and benefits of acquisition activity; the structuring of friendly and hostile acquisitions; the corporate law of takeover defenses; and securities law regulation of acquisition transactions. Some accounting and tax law topics may be touched upon, but they will not be a major focus of the course. Some effort will be made to examine drafting and negotiations aspects of M&A transactions. Students with substantial background in related areas may take Corporations concurrently, with permission. There will be a final exam in the class.

Mock Trial (LWWI550)

Instructor(s): Francis DiGiacco

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

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

Moot Court (LWWI555)

Instructor(s): Michael Devitt

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

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

Multistate Bar Exam Review (LWGC576)

Instructor(s): Ted Sichelman, Michael Kelly, Chris Wonnell

4 credit(s), Letter Graded

The MBE is given as part of the bar exam in nearly all U.S. jurisdictions. USD has licensed every published MBE question from previous examinations. Students in this course will take these MBE questions each week using customized online software (also accessible from tablets and smartphones), which tracks each student’s strengths and weaknesses in every substantive area of the bar exam (constitutional, criminal, real property, torts, contracts, evidence, and civil procedure). The online software will provide real-time review material for each area of the law. Each in-class session will cover test-taking techniques and the substantive law for one of the seven areas of law. Clickers are used to answer questions and provide immediate feedback to students. Please note that BARBRI, Kaplan, and most other bar exam review courses do not provide access to all of the previously released real exam questions from the MBE. As such, the questions in this course will not be the same as most of the questions that are provided in commercial summer bar preparation courses. Students must complete each week MBE questions in the required online modules (approximately 5-8 hours per week of work). The final grade will be based on two mid-terms and a final (plus timely completion of the weekly exams is necessary to pass the course). Only students planning to graduate in May 2019 or December 2019 may register for the course.

Negotiation (LWLP560)

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

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

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

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

Ocean and Coastal Law (LWEV565)

Instructor(s): Staff

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

This course will instruct students on environmental legal issues affecting the nation’s coasts, including but not limited to sea level rise, water quality, coastal management, beach access, and oil spill issues. The U.S. coastline supports a diverse ecosystem, provides for commerce and waterborne trade, offers valuable recreational resources, and is a source of food and energy. With the increasingly competing ocean uses, this course on coastal and ocean law will offer a critical look at emerging policy issues and legal frameworks, coupled with interesting and timely case studies. The course offers an in depth look into several environmental laws, including the Clean Water Act, Oil Spill Pollution Act, Coastal Zone Management Act and others, as well as practical skills established through case studies and stakeholder exercises.

Patent Prosecution (LWIP571)

Instructor(s): Mark Abumeri, Derek Dailey

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

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

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

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

Privacy Law (LWGC581)

Instructor(s): Alan Blankenheimer

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

Privacy and data security issues are becoming increasingly important to businesses, individuals and governments in light of new information technologies and new threats to their, and our national, security. From the Equifax and Sony hacks to the NSA to iPhone encryption, information privacy law is now essential knowledge in boardrooms and courtrooms. This course will provide an introduction to the constitutional and common law origins of the law of privacy and to the statutory framework in California and at the federal level for protecting private information. 


Additional Information: Intellectual Property Concentration (JD)

Professional Responsibility (LWAA580)

Instructor(s): Robert Muth

3 credit(s), Letter Graded

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

Property (LWAA530)

Instructor(s): Abraham Bell, Mary Jo Wiggins, Chris Wonnell

4 credit(s), Letter Graded

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

Public Interest Law & Practice (LWPP570)

Instructor(s): Robert Fellmeth, Bridget Gramme

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

Public Interest Law & Practice (PILP) is a yearlong graded course in which students learn the substantive law governing the operation and decisionmaking of California regulatory agencies. Students may take the course for four or five units. Public interest lawyers represent interests that are diffuse, unorganized, and generally underrepresented - such as consumers, the environment, children, and the future - in governmental decisionmaking that affects them. PILP focuses on specific laws that enable public interest lawyers to effectively advocate for their clients. Specifically, PILP students study the sunshine statutes which require most agency decisionmaking to take place in public and guarantee public access to most agency records (the open meetings acts and the California Public Records Act) and the state Administrative Procedure Act, which governs the process agencies must follow to adopt regulations or take disciplinary action against the license of a licensee. Students also study important limitations on the power of agencies (including constitutional and antitrust limitations), and the functioning of the state legislature, which may enact, repeal, or amend the enabling acts of most agencies. As part of their coursework, students are assigned to monitor a major California agency; they travel all over the state to attend agency meetings; monitor and analyze agency activities, interview agency officials and licensees; and track rulemaking, legislation, and litigation affecting their agency. Twice during the year, students submit a written report covering the activities of their assigned agency, including recent legislation and court decisions affecting the agency and its licensees, which may be published. Students will also give public comment before their assigned agency during the spring semester, and participate in various simulated advocacy exercises in class throughout the academic year.

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

Public Interest Law Clinic (LWVL544)

Instructor(s): Robert Fellmeth

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

Students who enjoy Public Interest Law and Practice frequently go on to take Public Interest Law Clinic, in which they may design their own writing or advocacy project related to regulatory or public interest law. In the past, these projects have included written critiques of agencies or agency programs; petitioning an agency to adopt regulations; drafting model legislation; participating in litigation to enforce the state's sunshine statutes; or submitting amicus curiae briefs on public interest issues pending appeal. Student critiques of publishable quality may satisfy USD's written work requirement. Students interested in Public Interest Law Clinic must secure a permission slip prior to pre-registration from Professor Julie D'Angelo Fellmeth at CPIL's offices. The clinic is graded on a 4-tier Pass-Fail basis.

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

REIT's (LWTE550)

Instructor(s): Shane Shelley

1 credit(s), Letter Graded
Concentration(s): Taxation (MSLS), LLM in Taxation (LLMT), Taxation (LLMC)
Prerequisite(s): Completed or concurrent enrollment in Tax I

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

Religion & the Constitution (LWPP575)

Instructor(s): Steven Smith

3 credit(s)
Requirement(s): Writing

The First Amendment appears to single "religion" out for special constitutional status, but just what "religion" is and how and why it deserves special legal treatment are questions that have vexed citizens and courts from the nation's beginning. This seminar will consider these questions in their legal, historical, and theoretical dimensions. The seminar will favor class discussion of issues and materials, and students will be expected to prepare and present a paper on an issue of their choice related to the subject of the seminar.

Remedies (LWLP570)

Instructor(s): Gail Heriot

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

Legal and equitable remedies under statutes and the common law are examined and compared. The course focuses on methods of evaluating alternative remedies and arguing for or against their creation or use in a given case. The course objective is to enable the student not only to identify all available remedies but also to choose the preferred remedy from among them. The principal subjects covered are equity, restitution and damages.

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

Scientific Evidence (LWCR570)

Instructor(s): Howard Shore

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

This course will address the technical requirements under California law for admissibility of both established and new forms of scientific evidence. Possible topics include fingerprints, serology, odontology, DNA and others. Students will apply the principles of admissibility by participating in realistic foundational hearings in the classroom, and will present papers on specific forms of scientific evidence. 

State Income Tax Clinic I (LWVL560)

Instructor(s): Craig Shaltes

2-4 credit(s), H/P/L/F Graded
Requirement(s): Experiential
Concentration(s): Taxation (LLMC), Environmental and Energy Law (JD), 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): Craig Shaltes

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

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

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

 

State Sales & Use Tax Clinic II (LWVL563)

Instructor(s): Michael Larkin

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

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

Tax I (LWAA590)

Instructor(s): Jordan Barry

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

Tax I provides students with an understanding of the basic principles of federal income tax, including gross income, deductions, tax accounting, capital transactions, and income shifting. Required for upper-class students.

Tax Policy & Research (LWTE570)

Instructor(s): Dennis Lilly

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

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

Trade Secrets (LWIP575)

Instructor(s): David McGowan

3 credit(s), Letter Graded
Concentration(s): Intellectual Property Law (MSLS), Intellectual Property Law (LLMG), Intellectual Property (LLMC), Intellectual Property (JD), Employment and Labor Law (JD)

This course provides an introduction to trade secret law. Subjects include the definition of trade secrets, the means by which trade secret protection is distinguished from copyright and patent law, and issues in enforcing trade secret protection. We will study the federal Defend Trade Secrets Act, the Uniform Trade Secrets Act, and California trade secrets law, as well as the relationship between trade secrets protection and California's policy against enforcing non-compete agreements. This class will have a take-home midterm and final exam administered on TWEN.

Transfer Pricing (LWTE584)

Instructor(s): David Bowen

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

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

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

Trial Advocacy - Civil (LWLP550)

Instructor(s): Linda Lane, Lori Temko, Robert Wright

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

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

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

Trusts & Estates (LWTE555)

Instructor(s): Adam Hirsch

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.

Women's Legal Clinic (LWVL583)

Instructor(s): Margaret Dalton

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.

Workers Rights Clinic II (LWVL585)

Instructor(s): Michael Gaitley

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

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

Workers' Rights Clinic I (LWVL585)

Instructor(s): Michael Gaitley

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

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.