Course Descriptions

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Fall 2019 Class Descriptions

Administrative Law (LWPP510)

Instructor(s): StaffStaff

4 credit(s), Letter Graded

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

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

Advanced Legal Research (LWLP512)

Instructor(s): Judith Lihosit

1 credit(s), Letter Graded

Advanced Legal Research builds upon basic legal research skills that students learned in their first-year Legal Writing and Research class. Topics include identifying and using appropriate secondary sources, advanced search techniques using Lexis, Westlaw, and other subscription services to locate relevant primary and secondary source materials, developing cost-effective research strategies, and critically evaluating search results and materials. Students will also have the option to learn about additional resources and techniques for researching topics, such as legislative history, administrative law, foreign & international legal materials, and competitive intelligence research. This is an on-line web based class that will not have any in person classes. This class will be taught the first seven weeks of the semester and students' grades will be based on weekly assignments, quizzes, & class participation (via discussion board).

Advanced Legal Writing (LWGC505)

Instructor(s): Christopher Turnbow

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

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

Agency Externship I (LWVL596)

Instructor(s): John Sansone

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

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

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

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

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

Agency Externship II (LWVL590)

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)

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

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

Alternative Dispute Resolution (LWLP517)

Instructor(s): Scott Metzger

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

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

Animal Law (LWGC510)

Instructor(s): Laurence Claus

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

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

Appellate Clinic (LWVL501)

Instructor(s): Michael Devitt, David Schlesinger

2 credit(s), P/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

Bankruptcy (LWBC510)

Instructor(s): Mary Jo Wiggins

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)
Recommended Class(es): UCC: Secured Transactions

This course will provide an detailed examination of the liquidation and reorganization dynamics in both corporate and consumer cases under the Bankruptcy Code, and the effects of bankruptcy on non-bankruptcy debtor-creditor law, corporate workouts, and a variety of pre-bankruptcy transactions. The objective of this course is to give students a working knowledge of the Code and associated rules, cases and history; an understanding of the policies reflected in and relevant to bankruptcy law and non-bankruptcy debtor-creditor law; and an appreciation of the reality of modern bankruptcy practice. There are no course prerequisites. The course grade will be based on a traditional final exam and possibly a midterm.

Bus Transactions in Emerging Markets (LWBC512)

Instructor(s): Frederick Heller

2 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)
Recommended Class(es): International Business Transactions

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

California Civil Procedure (LWJT520)

Instructor(s): Walter Heiser

3 credit(s), Letter Graded
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.

Child Advocacy Clinic: Delinquency I & II (LWVL503)

Instructor(s): Robert Fellmeth, Jessica Heldman

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

Under the supervision of attorneys and staff from the San Diego Office of the Public Defender, students advocate on behalf of delinquent youth in order to ensure they receive appropriate educational, mental, physical, and other services while they are under the jurisdiction of the Juvenile Court. Students review comprehensive case files to identify areas of need and advocate on the youth’s behalf with regard to issues such as school discipline, special education services, school placement, mental health assessments/services, child welfare, and health care, in order to protect the youth’s rights with regard to those matters and to address underlying issues that might be contributing to the youth’s delinquency. Delinquency Clinic students must commit 20 hours per week to their Clinic work, in addition to a one-hour weekly classroom component. Students must have completed or be enrolled in Evidence, Civil Procedure and Child Rights and Remedies. Clinic slots are limited; students must obtain a permission slip from Professor Robert Fellmeth or Elisa Weichel in order to register for the course.
Note: This clinic may be applied as the required clinic for the Children's Rights Concentration (JD).
Additional Information: Children's Rights JD Concentration

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

Child Advocacy Clinic: Dependency I (LWVL507)

Instructor(s): Robert Fellmeth, Jessica Heldman

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

Students work with assigned attorneys from Children’s Legal Services of San Diego (representing abused and neglected children) and Dependency Legal Services of San Diego (representing parents) to provide legal services in dependency court proceedings. Students are exposed to a wide variety of experiences, such as interviewing clients; presenting evidence during bench trials; preparing briefs and memoranda; participating in settlement conferences; conducting field work with investigators; and making court appearances as necessary and appropriate. Dependency Clinic students must commit 16 hours per week to their Clinic work, in addition to a one-hour weekly classroom component. Students must have completed or be enrolled in Evidence, Civil Procedure and Child Rights and Remedies. Clinic slots are limited; students must obtain a permission slip from Professor Robert Fellmeth or Elisa Weichel in order to register for the course.

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

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

Child Advocacy Clinic: Policy I & II (LWVL505)

Instructor(s): Robert Fellmeth, Jessica Heldman

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

Students work with CAI professional staff on state and federal legislative and regulatory policy advocacy projects, impact litigation, public education projects, and/or policy research and analysis of current applications of law and regulations as they affect children. The Policy Clinic offers students the chance to pursue a research, writing, and/or advocacy project on a variety of issues, such as foster care, child abuse, children’s health care, juvenile justice, education, etc. These projects could include petitioning an agency to adopt or amend regulations, drafting model legislation, conducting research and position papers relevant to pending legislation, researching and writing reports on children’s issues, and participating in impact litigation, among other things. Students must have completed or be enrolled in Child Rights and Remedies. Clinic slots are limited; students must obtain a permission slip from Professor Robert Fellmeth or Elisa Weichel in order to register for the course.

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

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

Child Rights & Remedies (LWFC520)

Instructor(s): Robert Fellmeth, Jessica Heldman

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

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

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

Civil Clinic I (LWVL510)

Instructor(s): 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 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

Civil Procedure (LWAA510)

Instructor(s): Walter Heiser, Mila Sohoni

4 credit(s), Letter Graded

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

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

Civil Rights Theories Seminar (LWPP521)

Instructor(s): Roy Brooks

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

This seminar will study closely several systems of accepted knowledge about how our government regulates or should regulate race relations during this Post-Civil Rights Era. These racial paradigms provide the subtext of public and, to a lesser extent, private institutional decision making, and are often debated within the pages of Supreme Court cases. While references will be made to Supreme Court cases and to specific justices, the seminar will focus on primary sources; in other words, the texts that generate fundamental civil rights theories. The readings will be interdisciplinary (drawing on legal, sociological, economic, psychological, historical, and political themes) and will stress the importance of contextualization. A conceptual scheme will be offered to help students understand, organize, and analyze civil rights theories; but students will be asked to develop their own well-informed views about the theories. Students will be evaluated on the basis of a paper plus weekly oral and written classroom presentations. Class attendance is essential.

Climate Change Law & Policy (LWEV503)

Instructor(s): Timothy Duane

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

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

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

Community Property (LWTE544)

Instructor(s): Michael Kelly

3 credit(s), Letter Graded

In this course the non-tax aspects of estate planning are integrated, combining wills, trusts, future interests, and community property. Methods of family wealth transfer in both community property and non-community property jurisdictions are considered, including: inter vivos gifts, wills, trusts, intestate succession and will substitutes. Fiduciary administration; class gifts; powers of appointment; the rule against perpetuities; charitable trusts; classification, control and management of community property; and the distribution of property on dissolution of the community are studied.

Comparative Constitutional Law (LWIC515)

Instructor(s): Staff

3 credit(s)
Requirement(s): Writing
Concentration(s): LLM in International Law (LLMI), International Law (LLMC)
Prerequisite(s): Constitutional Law I

This course will look at the constitutional arrangements of Britain, Canada, Australia and New Zealand (with scope in the assignments/papers to consider as well South Africa, India, Ireland and Israel) from the perspective of an American lawyer. The goal will be to see how the constitutional structures of all of these countries are inter-related and also how they compare to American constitutional structures. It will be taught by a native born Canadian who has lived and taught constitutional law in all four of those Anglosphere countries as well as having had sabbaticals at Cornell and, six years ago, here at USD. By the end of this course students will understand the constitutional arrangements of the Anglosphere better than most US law professors. Just as importantly, they will have a better sense of American constitutional structures and how they influenced, and were influenced by, their closest constitutional cousins. Successful completion of this course will fulfill the law school's written work requirement.

Comparative Law (LWIC518)

Instructor(s): Pierre Legrand

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

This three-credit course divides into three parts.

Firstly, the course addresses an ongoing paradox concerning the place of foreign law on the U.S. legal scene against the background of globalization. While foreign circumstances are more present than ever in cases coming before U.S. appellate courts on account of increasing economic, political, and institutional interdependence on the world stage, there is strong resistance, cutting across conservative/liberal lines, on the part of many U.S. legislative assemblies, judges, and commentators to the practice of U.S. cross-references to foreign law. What must be the normative reach of foreign law in the United States? Arguments from constitutionalism and democracy are examples of the claims that will be canvassed.

Secondly, the course considers various interpretive challenges necessarily arising from any U.S. legal interaction with foreign law. How much understanding of foreign law must a U.S. lawmaker, judge, teacher, or lawyer achieve before advertence to it becomes legitimate? For example, how “cultural” must U.S. legal analysis of foreign law make itself in order to prove creditable? Can U.S. understanding of foreign law ever manage to avoid ethnocentric bias? Is the fact that foreign law exists in a foreign language an obstacle to meaningful U.S. knowledge? Are there methodological keys that can optimize the acquisition of foreign knowledge? Such questions will be approached from an interdisciplinary perspective.

Thirdly, the course investigates selected topics allowing for practical and in-depth familiarization with the difficulties and opportunities attendant upon the interplay between U.S. and foreign law. The treatment of privacy laws in Europe and in the United States and proof of foreign law in U.S. courts are two illustrations that will be examined.

This course is taught on an intensive basis during the first four weeks of the fall semester. Meetings take place on Tuesdays and Thursdays & Fridays from 1:00 to 3:55. The course concludes with a “take-home” examination. No prior knowledge of foreign law or of a foreign language is expected.

Constitutional Law II (LWPP525)

Instructor(s): Lawrence Alexander, Laurence Claus

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, David Leatherberry

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)

Transactional drafting is a skill used in most areas of law. It refers to the process of composing documents to formalize agreements and settlements between parties. This course will train students to be comfortable with the drafting process, which includes expressing agreements and settlements in language that will benefit clients, and composing documents that contain this language in a form that will maximize favorable interpretation in court. The course emphasizes both cooperative and individual drafting work. Each week in class, students will learn about selected components of the process, draft a document or exercise requiring the use of that component, and receive feedback on that day’s drafting activity. Students will have weekly individual homework assignments that reinforce that week’s skill. One or more attorneys whose practices include drafting work will appear in class to give students practical feedback on their work. Grades will be based on individual weekly written homework assignments and an end-of-semester individual drafting project, and are subject to the upper class curve requirements.

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

Corporate Finance (LWBC530)

Instructor(s): Jordan Barry

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

This course covers the core concepts of finance as they relate to the study and practice of law. The course is designed to accommodate both students with no background in finance as well as those with substantial knowledge of the field. It will start with basic financial literacy and will build toward more advanced topics, such as financial statement analysis, valuation of stocks and bonds, risk management, portfolio theory, derivatives, and corporate financial management. The course includes quantitative concepts and exercises, and students will be required to use a spreadsheet program, such as Microsoft Excel. This class will be of particular value to students who intend to pursue transactional legal practice, but it will also be valuable to litigators.

Corporate Innovation & Legal Policy (LWIP528)

Instructor(s): Ted Sichelman

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

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

Corporate Tax (LWTE560)

Instructor(s): 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).

Corporate Technology Externship (LWVL570)

Instructor(s): Ted Sichelman, Anthony Mauriello

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

This course places students at local law firms and companies to provide legal assistance to technology companies in the areas of corporate formation and transactions, contracts, employment, and related areas. Students will be supervised by attorneys at the local law firms and companies as well as the professors. Students begin work during the first week of the semester with companies and law firms, and meet one-on-one with the professors on a regular basis. Additionally, the course begins with 6-7 week “bootcamp” covering the core types of transactions encountered in technology companies. There are no scheduled classes during the remainder of the semester. An application process will be used to select students for the course. Students who registered for the course in previous academic years may not apply for the course for 2019-2020 without the permission of the Professors. Applications are available here and are due Friday, April 5th.

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

Corporations (LWBC545)

Instructor(s): Thomas Smith, Chris Wonnell

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

This course examines the structure and the rights and obligations of directors, officers, and shareholders mainly under state corporations law. Other topics include partnerships and limited liability entities. The course covers, among other subjects, the characteristics of the corporation as distinct from other forms of business association, the special problems of the closely-held corporations (a corporation owned by a few persons), the fiduciary obligations of directors and controlling shareholders in closely-held and public corporations, procedures for decision making by directors and shareholders, shareholder voting rights, and certain federal securities law subjects, such as insider trading.

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

Corrections & Sentencing (LWCR510)

Instructor(s): Alex Landon

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

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

Criminal Law (LWAA525)

Instructor(s): Lawrence Alexander, Kevin Cole, Donald Dripps

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

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

Criminal Procedure I (LWCR520)

Instructor(s): David Danielsen, Victor Pippins

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

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

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

Deals (LWBC550)

Instructor(s): David Snyder

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

This course will focus on the role of lawyers in a variety of corporate transactions. It is designed for students interested in practicing corporate or securities law or in careers in business. Among the types of deals typically covered are compensation agreements, venture capital financing, initial public offerings, and mergers and acquisitions. The course also typically covers certain specialized deals, which in the past have included securitizations, international trade financing, spinoffs, tracking stock, and director/officer insurance. Students will complete one or more individual assignments, which will involve the creation and editing of documents related to one or more deals on a real-time basis. Depending on the number of students enrolled, students also might form teams to write papers and give presentations on a particular deal. Corporations is a prerequisite.

Death Penalty (LWCR530)

Instructor(s): John Cotsirilos

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

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

E-Discovery Law (LWGC521)

Instructor(s): Ruth Hauswirth

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

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

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 Law (LWPP537)

Instructor(s): Orly Lobel

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

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

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

Energy Law & Policy (LWPP540)

Instructor(s): Carrie Downey, Michael Tierney

3 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)

Recognizing the importance of energy to the global economy and its role in global warming, Energy Law and Policy introduces students to the legal, regulatory, and economic concepts relevant to the changing electricity and natural gas industries in the U.S. The course will examine the history of and legal basis for regulation in the energy sector, including influential cases (e.g., Munn v. Illinois) and the federal statutory framework for energy sector regulation (e.g., PUHCA of 1935, PURPA of 1978, EPACT of 1992, EPACT of 2005). Students will review the administrative law process, focusing on the California Public Utilities Commission (CPUC) and Federal Energy Regulatory Commission (FERC), including the rate setting process for energy utilities and major regulatory orders and decisions that have shaped the industry. The course will trace the history of regulation in the electric and natural gas industries from early regulation to deregulation and discuss the current status of energy markets, including a detailed discussion of California’s energy crisis of 2000-2001. The course will examine the connection between energy and climate change and the range of market-based solutions currently being considered at the state, regional, and federal levels in the U.S. Students will also examine the role of distributed energy resources, including smart grid technologies, on-site solar energy technology, energy efficiency and demand response, in meeting future energy needs. Participants will be required to make an in-class presentation on a topical energy issue and to take a final examination.

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

Entrepreneurship & IP Law (LWIP534)

Instructor(s): Orly Lobel

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

How can law, policy, and strategy support successful new ventures? How do our laws and court system support competitive markets, inventive talent pools, great leaders, and smart regulation? How should policy regulate new digital platforms like Uber, Airbnb, Venmo, and Instagram? Are our intellectual property laws, employment and labor laws, privacy laws, and antitrust laws supporting or impeding new entry into competitive markets? We will examine corporate practices and litigation over news ideas, technologies, secrets, skills, and ownership of inventions. We will also analyze non-compete contracts, trade secrets and non-disclosures, economic espionage, invention assignment agreements, and work-for-hire disputes – all on the rise in every industry. We will analyze the special role of entrepreneurship and start-ups in a healthy economy. How is the success of Silicon Valley, Hollywood, and Biotech Beach (here in San Diego!) aided by California’s law and policy? This paper-based course will bring together new interdisciplinary research ranging from economics, business, psychology, organizational behavior, geography studies and sociology. The students will have an opportunity to select, analyze, and write about a range of topics from how to commercialize science and technology to how manage innovation and creativity, how to regulate autonomous cars or protect against revenge porn, help artists and inventors protect their creativity and help regions draw the best talent and investors, and explore hot topics in the fields of emerging technologies, new business models, digital platforms, and creative ventures.

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

Evidence (LWLP529)

Instructor(s): Michael Devitt, Jean Ramirez

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.

Executive Branch Regulatory Policy & Law (LWPP512)

Instructor(s): Orde Kittrie

3 credit(s), Letter Graded

This course examines selected advanced administrative law and regulatory policy issues relating to executive agencies. Through readings and case studies, students will gain an advanced understanding of how government agencies do what they do, and of the rules and institutions that control them. The focus of the course will be on U.S. federal government agencies, with some comparisons drawn to state institutions. Guest speakers from the public and private sector will be invited to meet with the class to describe their experiences.

Case studies, some from the textbook, others from newsworthy events, will help students focus on the role of the lawyer in government agency decision-making and relations with other stakeholders. A final paper (of approximately 20 pages in length) will be required. The final grade will consist of the following components: 1) final paper - 75%, 2) class participation – 25%.  

Note: This class is restricted to students admitted to the Washington DC Externship Program

Experiential Advocacy Practicum (LWAA575)

Instructor(s): Linda Lane

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

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

Federal Estate & Gift Taxation (LWTE530)

Instructor(s): Miranda Perry Fleischer

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

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

Federal Tax Clinic I (LWVL555)

Instructor(s): Richard Carpenter

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

1-4 credit(s), H/P/L/F Graded
Prerequisite(s): Tax I

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

Finance & Accounting for Lawyers (LWBC555)

Instructor(s): Brian Brinig

2 credit(s), Letter Graded
Concentration(s): 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)

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

Fundamentals of Bar Exam Writing (LWGC520)

Instructor(s): Staff

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

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

Health Law & Policy (LWGC523)

Instructor(s): Richard Barton

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

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

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

Immigration Clinic I (LWVL530)

Instructor(s): 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)

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. 

Intellectual Property Survey (LWIP550)

Instructor(s): Lisa Ramsey

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

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

International Asia-Pacific Commercial Arbitration (LWIC531)

Instructor(s): David Brennan

2 credit(s), Letter Graded
Concentration(s): 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), Civil Litigation (JD), Business and Corporate Law (JD)

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

International Civil Litigation (LWIC536)

Instructor(s): Michael Ramsey

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

International Civil Litigation will deal with a variety of issues which arise in international litigation in courts of the United States. Likely to be included are Judicial jurisdiction; service of process abroad; forum selection; taking evidence abroad; Foreign Sovereign Immunities Act of 1976; subject matter and legislative jurisdiction; the Act of State Doctrine; recognition and enforcement of foreign judgments; and international arbitration.

International Contracts (LWIC537)

Instructor(s): Herbert Lazerow

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)

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

International Human Rights (LWIC543)

Instructor(s): Dustin Sharp

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

In the brief span of 60 years, the idea of human rights has grown tremendously. What began as a marginal utopian discourse has today arguably become “the dominant moral narrative for thinking about world affairs.” At the same time, rights remain controversial and contested, and gaps in enforcement of human rights norms are conspicuous. This course examines the actors, organizations and ideas behind these developments, as well as the vast challenges we face today in attempting to enforce human rights norms globally. The course begins by examining the philosophical and political bases for the international human rights idea, probing the ongoing debate over universality, culture, and human rights. Aspart of this inquiry, we also examine the normative pillars of international human rights law. In the second part of the course, we will analyze various dimensions and challenges of human rights enforcement, including the main United Nations and regional human rights systems, prosecutions and transitional justice, the advocacy work of NGOs and human rights activists, and the new concept of the “responsibility to protect,” or R2P. In the final part of the semester, we will engage in a more in-depth examination of several distinct human rights issues, including torture and women’s rights. In all this, the course aims to provide students with knowledge of human rights at the level of intellectual theory and discourse, as well as a realm of concrete, “real world” action, controversy, and struggle. The final course grade will be based on a written paper, an oral presentation, and several short assignments.

 

Note: This class starts on Tuesday, September 10, 2019

International Taxation (LWTE539)

Instructor(s): Ariel Jurow Kleiman

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

This basic course in international taxation will focus on the principles relating to the taxation of foreign persons (individuals as well as legal entities) by the United States and the U.S. taxation of income received by U.S. individuals and entities from activities abroad. Topics will include principles of international tax jurisdiction, rules relating to the source of income and deductions, the foreign tax credit, corporate inversions, and an introduction to controlled foreign corporations and Subpart F.

Interviewing & Counseling (LWLP535)

Instructor(s): Franco Simone

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

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

Intro to US Law (LWGC530)

Instructor(s): Michael Devitt

2 credit(s), Letter Graded

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

Note: This course is for LLMC students only.

IP Externship (LWVL532)

Instructor(s): Ted Sichelman

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

This course places students at local law firms and companies to provide legal assistance to local individuals (inventors, artists, musicians, and others) and tech and media companies in the areas of patent prosecution, patent searching, trademark prosecution, filing of provisional and utility patents, intellectual property litigation, intellectual property transactions, and related areas (including copyright and trade secret law). Students will be supervised by attorneys at the local law firms and companies as well as the professors. Students begin work during the first week of the semester with companies and law firms, and meet one-on-one with the professors on a regular basis. Additionally, the course begins with 6-7 week “bootcamp” covering the core practical aspects of patent, trademark, copyright and trade secret law. In the boot camp, students will be given sample office actions and draft responses, as well as IP litigation pleadings, motions, and discovery. There are no scheduled classes during the remainder of the semester. An application process will be used to select students for the course. Students who registered for the course in previous academic years may not apply for the course for 2019-2020 without the permission of the Professor. Applications are available here and are due Friday, April 5th.

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

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.

 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

Jurisprudence (LWJT530)

Instructor(s): Roy Brooks

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

There is more than one way of finding a solution to any given legal problem. Some judges search for answers syllogistically, sometimes exaggerating the transparency of text (legal formalism), while others purport to seek solutions through original meaning or close, logical readings of text (e.g., Justice Scalia’s textualism). Still other judges look for answers in the social ends of law, disciplined only by the judge’s personal sense of justice (legal realism) or by well-defined community needs (sociological jurisprudence) or by existing governmental or social arrangements (legal process). This seminar gives students an opportunity to study these judicial techniques and to sharpen their understanding of case analysis. Beyond that, it also gives students an opportunity to explore out-of-the-box thinking about judicial decision making by studying “oppositional” theories of judicial decision making called “critical process.” Unlike “traditional process” (e.g., originalism), critical process seeks to vindicate the norms of “outsider” groups—minorities, women, and LGBT. What would a traditional legal doctrine like personal jurisdiction look like if the Supreme Court were to base its decisions on female norms? (Does the very notion of “female norms” essentialize women?) Brown v. Board of Education, our most important civil rights case, is usually classified under legal realism. How would that case have been decided had it been approached from the perspectives of other norms in traditional process—legal formalism, Scalian textualism, sociological jurisprudence, and legal process—or from critical process? A paper is required. Successful completion of this course satisfies the written-work requirement.

Land Use Regulation (LWEV560)

Instructor(s): Timothy Duane

3 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)

Land Use Law is ubiquitous, affecting everything from local developments to large-scale federal infrastructure projects and public land and resource management. This course emphasizes the legal tools of land use planning and regulation under the Police Power that have been deployed by state and local governments. It also addresses Constitutional constraints on state and local regulation. Grades will be based on a midterm and final examination. 

Law Journal Editing and Research (LWWI542)

Instructor(s): Richard Pinto

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

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

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

Legal Writing & Research I (LWAA545)

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

2 credit(s), Letter Graded

Legal Writing and Research (LWR) I is the first part of a two-semester program introducing students to the tools lawyers use to analyze, research, and frame legal positions and communicate them in predictive office memoranda. Students practice and actively learn legal writing and research skills by creating multiple drafts of office memoranda and conducting both print and computer-assisted legal research. The course is offered in small sections with very low student-faculty ratios so that faculty may provide individualized and frequent feedback on student work. Required for first-year students.

Legal Writing & Research, LLMC (LWGC560)

Instructor(s): Leslie Morsek

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

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

Legislative Advocacy & the Law (LWPP566)

Instructor(s): Orde Kittrie

3 credit(s), Letter Graded

This course is designed to teach students legislative lawyering and advocacy skills. These skills include identifying and assessing issues susceptible to being addressed by legislation; analyzing and selecting legislative options for addressing such issues; drafting statutory and other legislative materials; and developing a coalition-building and media strategy for advocating adoption of the proposed legislative solution. Readings and guest speakers will focus on advanced and problem-focused discussion of such topics as Congressional powers, legislative process (including the functions of legislative committees), relevant ethics issues (including the regulation of lobbying), Presidential vetoes and signing statements, statutory interpretation, as well as case studies in successful legislative advocacy campaigns.
Students will be required to draft a set of written materials which will include a final paper containing analysis of a problem susceptible to being addressed by legislation, discussion of potential legislative options for addressing it, selection of a preferred option, and strategies for advocacy (including coalition-building and media). Students may also be require to draft and submit some or all of the following: proposed statutory language; draft legislative history (report language, colloquies, Congressional Record statements); talking points; fact sheets; and testimony. The final grade will consist of the following components: 1) written assignments - 80%, 2) class participation – 20% (to include assigned class presentations). 

This class is required for students attending the Washington D.C. Externship Program.

 

Note: This class is restricted to students admitted to the Washington DC Externship Program

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

Negotiation (LWLP560)

Instructor(s): Herbert Lazerow, Gregg Relyea

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)
Recommended Class(es): Trial Advocacy

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

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

Partnership Tax (LWTE545)

Instructor(s): Eric Tetrault

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

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

Patent Law (LWIP570)

Instructor(s): Joseph Reisman, Maria Stout

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

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

Patent Litigation I (LWIP568)

Instructor(s): Michael Amon, Craig Countryman

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

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

Poverty Law (LWPP573)

Instructor(s): Staff

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

This is a survey course on the policy and practice of poverty law. Students will receive an introduction into the theory and practice of law pertaining to the enactment and enforcement of laws that advance the lives of people living in poverty. The course provides a broad overview and history of federal anti-poverty laws and programs, including programs addressing economic security, access to healthcare and nutrition, and subsidized housing. The course will study the administration of these anti-poverty programs and the practice of poverty law, including administrative law procedures (with a focus on due process) and judicial review. The final grade for the course will be based on a paper that will be eligible for written work credit.

Pre-Trial Practice (LWLP567)

Instructor(s): Shaun Martin

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

This course discusses the procedural rules that control the pretrial stage of a civil lawsuit, as well as the strategic and tactic utilization of those rules. The course is practice-oriented and particularly focuses on the discovery process, but also discusses pleadings as well as a wide variety of law and motion procedures. The course focuses on practice and procedure in both federal courts in California as well as in California state court.

Professional Responsibility (LWAA580)

Instructor(s): David McGowan, Timothy Casey

3 credit(s), Letter Graded

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

Public Interest Law & 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. 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

Public International Law (LWIC575)

Instructor(s): Maimon Schwarzschild

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

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

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

Remedies (LWLP570)

Instructor(s): Mary Jo Wiggins

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

The Remedies course examines legal and equitable remedies under statutes and the common law: what can parties to litigation obtain from the courts? Courts have the power to grant temporary and permanent injunctions, damages calculated in various ways, and restitution. What can and should a party seek from a court in a particular case? What will a court grant, and on what doctrinal and factual basis? This course will particularly look at the public law aspect of remedies: remedies for constitutional violations, "structural" or institutional injunctions, constitutional limits on tort and other remedies, and the nature and limits of equitable remedies. There will be less emphasis on private law damages issues in contract and tort, such as calculating present value of future expectations, and liquidated damages, than in the 4-credit Remedies course offered in Spring.

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

Securities Regulation (LWBC580)

Instructor(s): Mark Lee

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

The Securities Regulation class will include an overview of the capital markets and the underwriting process, the structure and prohibitions of the Securities Act, the registration process, the definitions of security and exempted securities, the private and limited offering exemptions, offerings by underwriters, affiliates and dealers, civil liability under the Securities Act, fraud in connection with a purchase or sale of a Security, and general civil liability provisions. No Prerequisites.

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

Special Education and Disability (LWPP578)

Instructor(s): Margaret Dalton

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

This class is designed to train students to respond to the legal needs of families whose children have physical, learning, or emotional disabilities. Course work covers the federal Individuals with Disabilities Education Act (IDEA), governing the rights of students with disabilities to special education and related services in public schools. Class includes the application of IDEA and federal regulations to the Individualized Education Program (IEP), placements, discipline provisions, procedural safeguards including due process hearings and legal remedies. Statutory and case law are utilized to assist students in understanding this complex and emerging area of specialization. No prerequisite.

State Income Tax Clinic I (LWVL560)

Instructor(s): Staff

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

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): Staff

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.

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).

A mandatory orientation session will be held on Friday, June 9th from 12 p.m. to 1:30 p.m. in Warren Hall 3A.

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): David Bowen, Miranda Perry Fleischer

3-4 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 Litigation (LWTE565)

Instructor(s): Richard Carpenter

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

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

Tax Planning Lab (LWTE568)

Instructor(s): Paul Yong

3 credit(s), Letter Graded
Concentration(s): 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
Corequisite(s): Corporate Tax

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

The first class will be held at USD. All other sessions will be held offsite.

Tax Practice & Penalties (LWTE574)

Instructor(s): Ronson Shamoun

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

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

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

Torts (LWAA540)

Instructor(s): Steven Smith, Miranda McGowan, Edmund Ursin

4 credit(s), Letter Graded

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

Trademark Law (LWIP580)

Instructor(s): Lisa Ramsey

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

This course provides an overview of trademark and unfair competition law. We will discuss the purpose of these laws, the requirements for trademark protection, and the scope and enforcement of trademark rights. Specifically, we will cover the concepts of distinctiveness, functionality, and use of a trademark; the procedural and substantive aspects of trademark registration; geographic limits on trademark rights; trademark infringement, dilution, cybersquatting, counterfeiting, false advertising, false endorsement, and the right of publicity; and defenses and remedies in trademark actions. 

Transitional Justice (LWIC590)

Instructor(s): Dustin Sharp

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

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

This class starts on Wednesday, September 4, 2019 

Trial Advocacy - Criminal (LWLP550)

Instructor(s): Kristen Haden, Kareem Salem, Lori Temko, Monique Carter

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 in trials. The Fall course will focus on a piece of criminal litigation and will include developing skills used in a criminal jury trial as well as preliminary phases of criminal cases, including motions in limine, preliminary hearings and plea bargains. The course is specifically designed to expand the skills introduced to the student in Experiential Advocacy and Legal Research & Writing. The course methodology combines lectures, demonstrations and individual student performances in small groups with extensive critique and feedback by small group instructors who are experienced practitioners. The course culminates in a mock trial. The course is graded on a 4-tier Pass/Fail basis.

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

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.

UCC: Sales (LWBC592)

Instructor(s): William Lawrence

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)

The course on sales of goods addresses the provisions of Article 2 of the U.C.C., with some comparisons with the new Article 2A on leases of goods. The primary topics include contract formation and enforceability, terms of the contract, risk of loss, warranties, performance and breach, remedies for breach, and transfer of goods. A problem-solving approach is used extensively.

UCC: Secured Transactions (LWBC594)

Instructor(s): William Lawrence

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)

This course deals with the creation, perfection, enforcement, and priorities of security interest in personal property, including goods, "paper" collateral, and intangibles such as accounts, in both commercial and consumer settings. The treatment of security interests in bankruptcy, and in priority contexts with various non-Article 9 interests, is also examined.

Veterans Clinic I (LWVL580)

Instructor(s): Robert Muth

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

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

Veterans Clinic II (LWVL581)

Instructor(s): Robert Muth

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

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

Washington DC Externship Program (LWVL594)

Instructor(s): Gail Heriot

5-9 credit(s), P/F Graded
Requirement(s): Experiential
Concentration(s): Health Law (JD), Employment and Labor Law (JD)

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

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

Workers' Rights Clinic (LWVL585)

Instructor(s): Staff

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.