Course Descriptions

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Administrative Law (LWPP510)

Instructor(s): Michael Rappaport

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

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

Note:

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

Advanced Legal Writing (LWGC505)

Instructor(s): Staff

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

Note:

This course could satisfy the law school upper division writing requirement OR the experiential requirement.

Advocacy Competition Teams (LWAC500)

Instructor(s): Linda Lane

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

The Advocacy Competition Teams represent a variety of competitive advocacy experiences in which students learn techniques for effective and persuasive advocacy as they prepare to compete in tournaments against teams within our own law school and from other law schools.  Only students selected for membership in one of the Advocacy Competition Teams may register.  

Antitrust (LWBC503)

Instructor(s): David McGowan

3 credit(s), Letter Graded
Requirement(s): Experiential
Concentration(s): Business and Corporate Law (JD), Children's Rights (JD), Civil Litigation (JD), Criminal Litigation (JD), Intellectual Property (JD), Public Interest Law (JD), LLM in Business and Corporate Law (LLMB), Business and Corporate Law (LLMUS), Criminal Law (LLMUS), Intellectual Property (LLMUS), Criminal Law (LLMG), Intellectual Property Law (LLMG), Business and Corporate Law (MSLS), Criminal Law (MSLS), Intellectual Property Law (MSLS)

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

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

Art Law (LWIP505)

Instructor(s): Bert Lazerow

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

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

Note:

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

California Civil Discovery Practice (LWLP521)

Instructor(s): Timothy Taylor

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

This course focuses on the primary written civil discovery procedures in California, a major component of pre-trial litigation and a significant part of the work typically delegated to new lawyers practicing in the civil litigation arena. Students will learn the critical statutes, rules and resources required to make initial disclosures, create a discovery plan, and deploy discovery devices including interrogatories (form and special), inspection demands, requests for admission, and requests for physical and mental exams. Objections to these discovery devices, responses to discovery requests, meet and confer requirements, discovery motions, protective orders and sanctions will also be covered (as will the use of discovery responses at trial). The form and format for deposition notices will be examined; students will argue a discovery motion and participate in simulation training in conducting a basic PMK deposition. Non-party discovery and preservation of testimony or evidence before filing an action is also addressed. The class follows an actual case from the perspective of both sides as well as the tribunal; students will work in teams and learn to assemble a trial book as discovery progresses. Students who complete this course will gain an understanding of the broad framework of California pre-trial discovery, effective and ineffective discovery devices, as well as some of the key differences between the state and federal discovery systems. This class does not cover E-discovery, as it is covered in the E-discovery Law course. 

Note:

This class is limited to 20 students, and will be taught by San Diego Superior Court Judge Timothy B. Taylor.

California Criminal Litigation Skills (LWCR505)

Instructor(s): Richard Gates, Amy Maund

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

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

Note:

This is not an exam course.

California Regulatory Law & Public Interest (LWPP570)

Instructor(s): Marcus Friedman

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

California Regulatory Law and Public Interest (formerly known as Public Interest Law and Practice) is a Fall or Spring semester practicum course in which students learn the substantive law governing the operation and decisionmaking of California regulatory agencies, including constitutional and administrative law principles commonly a part of the Bar Exam. State regulatory agencies are a crucial area of legal practice as they control environmental and land use requirements, education, utilities, and almost all trades and professions (e.g. contractors, doctors, accountants, veterinarians, and attorneys). Public interest lawyers represent interests that are diffuse, unorganized, and generally underrepresented — such as consumers, the environment, children, and the future. This class focuses on the basics of regulations, agency requirements on rulemaking and adjudication proceedings under the California Administrative Procedure Act, the legislative process, constitutional limits on agencies, excessive or inadequate regulations, federal and state antitrust law, allies and strategies for creating systemic change, and the state budget process. Students are assigned California agencies to monitor outside of the classroom and provide an update to be published in the California Regulatory Law Reporter. Students will also provide agency updates throughout the semester via blog and social media posts. Students are encouraged to take the Regulatory Law Clinic or Public Interest Clinic after completion of the course.

Note:

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

Child Rights & Remedies (LWFC520)

Instructor(s): Jessica Heldman

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

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

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

Climate Change Law & Policy (LWEV503)

Instructor(s): Nilmini Silva-Send

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

This course explores significant law and policy issues related to climate change. Starting with the science and economics of climate change, we will examine legal approaches to the governance of climate change as a complex global, multigenerational system. While federal attempts to directly regulate greenhouse gases (GHGs) have not materialized, existing environmental laws such as the Clean Air Act, and federal energy policy to regulate the electricity, natural gas, and the transportation sectors have led to overall GHG reductions. We will focus next on state regulation of climate change, specifically California’s climate change policy, law and implementation, and challenges related to federal policy and changes. The role of judicial review and litigation in forcing implementation or stronger regulatory action will be examined. The impacts of climate change law on energy affordability continues to be a hot topic which students will assess, including attendance of the annual EPIC Symposium 2025. As important as mitigating GHGs is how the law approaches the adaptation needs of climate change, such as land management practices and wildfire insurance, which students will examine as currently unfolding in California. 

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

Community Property (LWFC554)

Instructor(s): Meredith Levin

3 credit(s), Letter Graded

This course covers the California community property law, the system for ownership and management of marital property by spouses. California law is the focus of the course, but the materials include comparison of the community property systems of other US states for parallel issues. The approach in the course is to examine both the policy and concepts of the community property system and the detailed rules and legislation applicable in California. The grade for this course is based on a midterm and final exam.

Consolidated Group Tax (LWTE534)

Instructor(s): Beth Wapner

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

This two-credit course will cover basic tax consolidated return principles such as eligibility to file consolidated returns and administrative requirements; intercompany transactions; investment adjustments; acquisitions and dispositions of group members and losses. Advanced topics may include use of disregarded entities in the group and other limitations.

Note:

This course offers two sections, one of which is Distance Education Synchronous via Zoom.

Constitutional Law II (LWPP525)

Instructor(s): Laurence Claus

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

This course is about the Bill of Rights – apart from its “criminal procedure” aspects – and especially about the Fourteenth Amendment and its guarantees of due process and equal protection.  Topics may include the second amendment; disputes over economic liberty, sexual liberty, abortion, and assisted suicide; the right to bear arms; takings of private property; voting rights; race and sex discrimination and affirmative action. A final exam is required.

Constitutional Separation of Powers (LWPP576)

Instructor(s): Kenneth Lee

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

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

Contemplative Practice of Law (LWGC514)

Instructor(s): Emily Nagisa Keehn

1 credit(s), P/F Graded

We have much work to do to support the well-being of lawyers. There is robust evidence showing that lawyers suffer at high rates from chronic stress, substance abuse, depression, and burnout. This seminar will introduce students to a variety of mindfulness and contemplative theories and practices with the objective of cultivating their long-term resiliency as professionals. Readings will examine issues through the lens of professional identity formation at the personal and interpersonal levels, including relationships with themselves, their clients, and their colleagues. This course will help students to grow in their self-knowledge, learn how to navigate psychologically difficult situations, and have greater care for themselves while striving to work more thoughtfully and effectively in the service of others.

Note:

This is a short course offered over seven weeks from 9/4/26 - 10/23/26.

Contract Drafting (LWGC563)

Instructor(s): Monica Sullivan, Frederick Heller

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

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

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

Contract Drafting GRAD (LWGC562)

Instructor(s): Leslie Morsek

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

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

Note:

This course is for students in the LLM, MSLS, and Exchange programs only.

Corporate Innovation & Legal Policy (LWIP528)

Instructor(s): Orly Lobel

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

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

Additional Information: Business and Corporate Law Concentration, Employment and Labor Law Concentration, Intellectual Property and Technology Law Concentration

Corporate Tax (LWTE560)

Instructor(s): David Bowen

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

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

Note:

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

This course offers two sections, one of which is Distance Education Asynchronous via modules on Canvas.

Corporations (LWBC545)

Instructor(s): Ted Sichelman

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

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

Note:

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

This course will be taught in the evening by Professor Gad Weiss.

Corrections & Sentencing (LWCR510)

Instructor(s): Alex Landon

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

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

Additional Information: Criminal Litigation Concentration (JD)

Criminal Procedure I (LWCR520)

Instructor(s): Justin Brooks, Kaitlyn McCarthy

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

This course is limited to pre-trial matters, as affected 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).
Additional Information: Criminal Litigation Concentration (JD)

Deals (LWBC550)

Instructor(s): Frederick Heller

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

This course is designed for students interested in corporate transactional law or business careers. It covers the fundamental categories of corporate deals—mergers and acquisitions, joint ventures, and financings—spanning both private and public markets. The goal is to give students a practical working familiarity with the legal documents that structure these deals and the financial and business considerations that drive them.

The course will also explore more specialized transactions and emerging areas of practice as the semester progresses. Topics may include deals involving artificial intelligence, current trends in deal-making, and SPACs (special purpose acquisition companies).

Students will complete one or more individual assignments involving the drafting and negotiation of deal-related documents. Depending on progress in class and enrollment, students may also form teams to analyze a selected transaction and present their findings in a written paper and oral presentation. This work will be in lieu of a final examination.

Corporations is a prerequisite.

Additional Information: Business and Corporate Law Concentration, International Law Concentration

Death Penalty (LWCR530)

Instructor(s): John Cotsirilos

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

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

Additional Information: Criminal Litigation Concentration (JD)

E-Discovery Law (LWGC521)

Instructor(s): Staff

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

Note:

This class is taught for seven (7) weeks, meeting the first seven weeks of the semester and will be taught by Professor Ross Mecham.

Concentration(s):

JD - Civil Litigation and Criminal Litigation

LLMG, LLMUS and MSLS - Criminal Law

Employment Law (LWPP537)

Instructor(s): Orly Lobel

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

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

Note: This is a required course for the Employment and Labor Law Concentration (JD).
Additional Information: Employment & Labor Law Concentration (JD), Public Interest Law Concentration (JD)

Energy Law & Policy (LWPP540)

Instructor(s): Carrie Downey

3 credit(s), Letter Graded
Concentration(s): Environmental and Energy Law (JD), International Law (JD), Public Interest Law (JD), Environmental and Energy Law (LLMUS), International Law (LLMUS), Environmental and Energy Law (LLMG), LLM in International Law (LLMI), Environmental and Energy Law (MSLS), International Law (MSLS)

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

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

Note:

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

Estate Planning Seminar (LWGC519)

Instructor(s): Adam Hirsch

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

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

Evidence (LWLP529)

Instructor(s): Michael Devitt, Rebecca Talbott

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

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

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

Federal Estate & Gift Taxation (LWTE530)

Instructor(s): Miranda Perry Fleischer

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

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 Procedure (LWTE535)

Instructor(s): Ronson Shamoun, Chandara Polak

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

In our Federal Tax Procedure class, we will review IRS tax audits, appeals, assessments, penalties, collections, and the many practical and ethical issues that arise when representing taxpayers in civil tax controversies.

Note:

This course offers two sections, one of which is Distance Education Asynchronous via modules on Canvas, taught by Professor Chandara Polak.

Finance & Accounting for Lawyers (LWBC555)

Instructor(s): Brian Brinig

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

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

Additional Information: Business and Corporate Law Concentration

Fundamentals of Bar Exam Writing (LWGC520)

Instructor(s): Allison Simkin

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

Fundamentals of Bar Exam Writing (FBEW) addresses two components of the bar exam: the performance test and the essays. This course develops your bar writing skills and provides you with strategies and approaches to improve bar exam essay and performance test writing. You will be reintroduced to bar exam components and topics learned previously in other classes and focus on the structure and details of bar essay and performance test writing. You will cultivate techniques to analyze and solve bar essays and performance tests and communicate legal analysis in writing. You will practice under timed test-like conditions, among other in-class activities devoted to developing your writing and self-analysis skills. You will receive specific grading and feedback on your written work throughout. The course includes learning how to conduct self evaluation of your own work.

Health Law & Bioethics (LWGC534)

Instructor(s): Dov Fox

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

This paper-writing class will explore a range of questions for medical ethics and the legal system: from public health and patient autonomy to medical conscience and experimental treatments. Students will obtain and apply knowledge of the course subject through legal analysis and research, as well as written and oral communication. No background in science or medicine is necessary.

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

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 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 professionals; 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 seminar approach.  Required Course material is The Law of American Healthcare (3rd ed) by Huberfeld et al (Aspen Publishing). The grade will be based on a research paper (that meets the USD Law scholarly writing requirement), your attendance, class participation, and professionalism.

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

Housing Rights Clinic I & II (LWVL500)

Instructor(s): Alysson Snow

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

The Housing Rights Clinic provides students with opportunities to represent clients facing housing instability, including homelessness, eviction, foreclosure, and threats to housing like uninhabitability and harassment.  Students will get hands-on experience interviewing clients, drafting pleadings, propounding and responding to discovery, motion practice, negotiation, and trial experience.  Students will also have the opportunity to conduct outreach and education and help tenants organize and pursue their housing rights.  The class will meet once a week as a group to learn about housing law and advocacy and to discuss case management and strategize on negotiation, litigation, and trial.  The class meets a second time each week during set office hours to receive one-on-one training from the professor and litigation team on their caseload. 

Students interested in working in the clinics for either academic credit or as a volunteer must first fill out and submit the USD Legal Clinics Application for Law Students . Clinic staff will review your application and confirm enrollment. 

Note:

Housing Rights Clinic II is LWVL 528.

In-House Corporate Counseling (LWBC567)

Instructor(s): Saerin Cho

3 credit(s), Letter Graded
Concentration(s): Business and Corporate Law (JD), Employment and Labor Law (JD), LLM in Business and Corporate Law (LLMB), Business and Corporate Law (LLMUS), Employment and Labor Law (LLMG), Business and Corporate Law (MSLS)
Recommended Class(es): Corporations

This course provides a comprehensive and contemporary examination of the evolving role of in-house counsel and general counsel as both legal advisors and strategic business leaders. Reflecting the rapid growth, demand, and expanding influence of in-house practice, the course explores how today’s general counsel operate at the intersection of governance, risk management, compliance, crisis response, and organizational strategy across corporate, nonprofit, and governmental settings. Course topics include demystifying the role of in-house counsel, contracts, labor and employment law, data protection and privacy law, legal operations, working with outside counsel, serving as a strategic business partner with a law degree, and performing the duties of modern in-house counsel.

Beyond doctrine, the course emphasizes the human skills required to succeed in-house: judgment, communication, emotional intelligence, and the ability to collaborate effectively with non-lawyer colleagues in complex, real-world environments. Through active discussion, peer engagement, and interactions with in-house attorneys, students will deepen their professional networks and gain practical insight into career pathways and strategies for becoming and succeeding as in-house attorneys in this dynamic and influential field.

Additional Information: Business and Corporate Law Concentration, Employment and Labor Law Concentration

Intellectual Property Survey (LWIP550)

Instructor(s): Shawn Miller

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

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

Additional Information: Intellectual Property & Technology Law Concentration (JD)

International Arbitration (LWIC530)

Instructor(s): David Brennan

3 credit(s), Letter Graded
Requirement(s): Experiential
Concentration(s): Business and Corporate Law (JD), Civil Litigation (JD), Employment and Labor Law (JD), Environmental and Energy Law (JD), Intellectual Property (JD), International Law (JD), Public Interest Law (JD), LLM in Business and Corporate Law (LLMB), Business and Corporate Law (LLMUS), Environmental and Energy Law (LLMUS), Intellectual Property (LLMUS), International Law (LLMUS), Employment and Labor Law (LLMG), Environmental and Energy Law (LLMG), Intellectual Property Law (LLMG), LLM in International Law (LLMI), Business and Corporate Law (MSLS), Environmental and Energy Law (MSLS), Intellectual Property Law (MSLS), International Law (MSLS)

The course covers all aspects of international commercial arbitration from the drafting of arbitration agreements through initiating and conducting the arbitration proceedings to obtain a binding and enforceable award. The class allows students' participation for a sequence of written submissions and oral engagements for the arbitration proceeding. Students will work in teams to give oral presentations and arguments on arbitration issues during various stages of the mock­ arbitration proceeding. A fictional fact-pattern problem that forms the basis for those presentations will focus in part on an international commercial transaction between a foreign and a U.S. company.

The course’s objectives are to develop an understanding of the international arbitration laws, rules, practices, and procedural requirements. Another objective is to develop your confidence to manage an international dispute for a client leading up to and including an arbitration case for your client to obtain a favorable outcome and award. We will learn about the New York Convention for the Recognition & Enforcement of International Arbitration Awards (1958), the UNCITRAL Model Law and the ICDR (AAA) Rules for the arbitration procedure together with the UN Convention on Contracts for the International Sales of Goods (1980) and related sources for international sales of goods and arbitration. We will focus on the UNCITRAL Model Law and the ICDR (AAA) Arbitration Rules for our mock problem, however, at the time of the VIS international competition problem release in early October, we will concentrate on the ICDR (AAA) Rules which will be applicable to the problem and essential for the VICAM members who will be engaged in the 2027 pre-moots and moots. The impacts of tariffs and international conflicts on the commercial agreements and performance will be addressed. 

The course will also address the modern trends of international arbitration which include the allowance for on-line proceedings, the inclusion of mandatory ADR processes before the arbitration, the allowance for “fast track” arbitrations, the use of dispositive motions, the discovery of evidence, the ethical obligations for arbitrators and counsel, and related items.  The course will provide insights into the possible use of AI in the arbitration processes. We will also learn about the prominence of third-party funding of arbitrations and the considerations that must be taken to ensure the entities funding the proceedings do not control the parties or counsel during the process or interfere with any determinations.

The course’s final grade is based on 40% of your written submissions and presentations together with 60% based on your final examination score. The final exam will be based on the course’s mock problem and will allow access to the course materials to provide an answer to one of three assignments. There will be no push or pull points applied to the grading. The course also satisfies the VICAM requirement for participation in its program and eligibility to engage in the annual moots.

International Contracts (LWIC537)

Instructor(s): Bert Lazerow

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

The international sale of goods constitutes 20% of U.S. GDP. Since 1990, most of these contracts are regulated by the UN Convention on Contracts for the International Sale of Goods, but some are governed by the Uniform Commercial Code. We discuss the litigation and planning aspects of international sales transactions, including what law is applicable; differences in rules for contract formation; whether the goods comply with contract requirements; the point at which risk of loss shifts to buyer; when a party is excused from performance by an event, such as the imposition of a tariff; availability of remedies such as price reduction, specific performance, avoidance or damages; interest and attorneys’ fees as damages; the advantages and disadvantages of different forms of dispute resolution, such as mediation, arbitration, choice of forum and choice of law; and the effect the U.S. income tax has on planning sales to both related and unrelated parties.

Additional Information: Business and Corporate Law Concentration, International Law Concentration

International Legal Research (Asynchronous Distance Education) (LWGC527)

Instructor(s): Melissa Abernathy

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

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

This course is online only for the first seven weeks of the semester and does not have a designated meeting day/time.

Note:

This course is a Distance Education Asynchronous course, taught via modules on Canvas. Students' grades will be based on weekly assignments, quizzes, & class participation (via discussion board).

International Taxation (LWTE539)

Instructor(s): Adam Kern

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

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

Additional Information: Concentrations Page

Interviewing & Counseling (LWLP535)

Instructor(s): Tony Roberts

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

This course provides advanced training in the skills of client interviewing and counseling. The first part of the course is devoted to learning the specific micro-skills that make up effective interviewing through readings, demonstrations and role-plays. The second- part focuses on the counseling dimension of lawyer-client relationships. In addition to classroom preparation and activities, students will interview actual clients, including at the USD Legal Clinics. 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 LLM in U.S. Law and Exchange 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 LLMUS and Exchange students only.

Law Journal Editing and Research (LWGC538)

Instructor(s): Macklin Thornton

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

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

Students will be graded on the basis of class attendance and participation, performance on class assignments, and a post-course skills assessment.

Law of the Sea (LWIC560)

Instructor(s): Nilmini Silva-Send

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

Lawyering as a Craft (NEW) (LWLP546)

Instructor(s): David McGowan

2 credit(s), Letter Graded

Note:

This course will be co-taught by Mr. Michael Attanasio.

Legal Writing & Research, GRAD (LWGC560)

Instructor(s): Leslie Morsek

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

This course, which is offered only to students in the LLM, MSLS and Exchange programs, 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.

Note:

This course is for students in the LLM, MSLS, and Exchange programs only.

Low Income Tax Incentives (LWTE543)

Instructor(s): Maurice Foley

2 credit(s), Letter Graded
Requirement(s): Writing
Concentration(s): Public Interest Law (JD), Taxation (LLMUS), LLM in Taxation (LLMT), Taxation (MSLS)
Prerequisite(s): Tax I

This course will focus on how and why the government uses the tax law to provide income support, housing, and jobs to low-income families and encourage economic development in low-income communities. The course will provide an in-depth candid review of the political, economic, social, and budget considerations relating to the formulation, drafting, and enactment of these provisions. The course will also explore the intersection of tax policy and our criminal justice system. 

Note:

This course is taught by US Tax Court Judge Maurice B. Foley.

This is a synchronous distance education course. Judge Foley will be in San Diego to teach the first two classes in person.  Thereafter, classes will be taught via Zoom. 

Mediation Skills (LWLP556)

Instructor(s): Lisa Maxwell

2 credit(s), H/P/L/F Graded
Requirement(s): Experiential
Concentration(s): Business and Corporate Law (JD), Children's Rights (JD), Civil Litigation (JD), Criminal Litigation (JD), Employment and Labor Law (JD), Environmental and Energy Law (JD), Health Law (JD), Intellectual Property (JD), Public Interest Law (JD), LLM in Business and Corporate Law (LLMB), Business and Corporate Law (LLMUS), Criminal Law (LLMUS), Environmental and Energy Law (LLMUS), Intellectual Property (LLMUS), Criminal Law (LLMG), Employment and Labor Law (LLMG), Environmental and Energy Law (LLMG), Intellectual Property Law (LLMG), Business and Corporate Law (MSLS), Criminal Law (MSLS), Environmental and Energy Law (MSLS), Intellectual Property Law (MSLS)

Mediation is a process by which a trained and impartial third party helps others resolve a dispute. Lawyers use mediation extensively, both as advocates and as neutrals. Participants will learn to mediate a variety of disputes, using the methodology developed by San Diego National Conflict Resolution Center (NCRC). They will receive a certificate of participation upon their successful completion of the training. Participants must commit to attending each of the training sessions as a condition of enrollment. Enrollment is limited to 42 participants. This course is graded on a 4-tier Pass-Fail basis.

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

Note:

There are limitations on concentration eligibility. Check the Concentrations web pages for more information.

Mental Health Law (LWPP545)

Instructor(s): Nicolas Badre, Dov Fox

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

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

Additional Information: Criminal Litigation Concentration (JD), Health Law Concentration, Public Interest Law Concentration

Multistate Bar Exam Review (Asynchronous Distance Education) (LWGC576)

Instructor(s): Drew Lautemann

4 credit(s), Letter Graded

The Online MBE Course offers a robust conceptual understanding of highly tested areas of law and a flexible approach to solving bar exam questions via an asynchronous online platform. Students will review substantive doctrine through online lectures, assigned text, MBE questions and black-letter law. Through the course, students systematically build exam skills including reading comprehension, issue identification, rule mastery, application, critical thinking, and legal analysis. Students will also learn how to recognize and deal with common MBE “distractors.” Students receive a course textbook, workbook with problems, and access to BARBRI AMP and online lectures. The course assessment includes a 100-question diagnostic/baseline exam, midterm exam, and a comprehensive final exam. The midterm and final exams will be online. Only students planning to graduate in December 2024 or May 2025 may register for the course.

Note:

This course is an asynchronous distance education course and the course content will be available through Canvas.

Negotiation (LWLP560)

Instructor(s): Gregg Relyea, Ana Sambold

3 credit(s), H/P/L/F Graded
Requirement(s): Experiential
Concentration(s): Business and Corporate Law (JD), Children's Rights (JD), Civil Litigation (JD), Criminal Litigation (JD), Employment and Labor Law (JD), Environmental and Energy Law (JD), Health Law (JD), Intellectual Property (JD), Public Interest Law (JD), LLM in Business and Corporate Law (LLMB), Business and Corporate Law (LLMUS), Criminal Law (LLMUS), Environmental and Energy Law (LLMUS), Intellectual Property (LLMUS), Criminal Law (LLMG), Employment and Labor Law (LLMG), Environmental and Energy Law (LLMG), Business and Corporate Law (MSLS), Criminal Law (MSLS), Environmental and Energy Law (MSLS), Intellectual Property Law (MSLS)

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

Note:

There are limitations on concentration eligibility. Check the Concentrations web pages for more information.

Nuclear Energy Law (LWEV564)

Instructor(s): Nilmini Silva-Send

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

The bipartisan ADVANCE (Accelerating Deployment of Versatile, Advanced Nuclear for Clean Energy) Act was passed in July 2024. In September 2024, Microsoft signed a 20-year contract with the Three Mile Island nuclear power plant to re-activate two of its reactors. At about the same time, Google and Amazon each agreed to purchase energy from small modular reactors[1]. “It is an exciting time in nuclear energy—all evidence shows we are on the precipice of a new nuclear renaissance….[2]” To introduce students to this development, this new course adds to the most contemporary survey elective in the energy and environment concentration. Students will learn about new advanced technologies; preemption issues; arguments for and against nuclear power especially in comparison with clean renewable energy; the governing statutes such as the fundamental Atomic Energy Act of 1954 and its amendments for the peaceful use and regulation of nuclear materials; the Nuclear Regulatory Commission and  licensing of nuclear facilities; liability for incidents; and issues of radioactive materials waste disposal; and two case studies within California - the decommissioning of the San Onofre Nuclear Generating Station and the re-licensing application for the Diablo Canyon Nuclear Plant.  

[1] Hungry for Energy, Amazon, Google and Microsoft Turn to Nuclear Power. https://www.nytimes.com/2024/10/16/business/energy-environment/amazon-google-microsoft-nuclear-energy.html

[2] Subcommittee Chair Duncan Opening Remarks at the NRC Budget Hearing https://energycommerce.house.gov/posts/subcommittee-chair-duncan-opening-remarks-at-nrc-budget-hearing

The grade for this course will be based on in class participation and a final exam.

Note:

This is a short course offered over two weekends (9/11-9/13 and 9/25-9/26).  

Partnership Tax (LWTE545)

Instructor(s): Brian Radigan

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

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

Note:

This is a synchronous distance education course.  Classes will be taught via Zoom.

Patent Law (LWIP570)

Instructor(s): Joseph Reisman, Maria Stout

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

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

Additional Information: Intellectual Property & Technology Law Concentration

Professional Identity Formation (LWGC582)

Instructor(s): Rohanee Zapanta

1 credit(s), P/F Graded

Drawing on scholarship on professional identity formation in the law, as well as research on philosophy and psychology, this course examines industry norms, identity and bias in the workplace, values conflicts, and trauma-informed support, all of which impact competent and ethical practice of law, and the development of a meaningful and satisfying career. This course will help students to articulate the values and personal narratives that inform their professional identities, learn skills to build their individual resilience to stressors, as well as leadership skills to advocate for their own professional development, while identifying opportunities to shift the legal profession toward better promotion of lawyer well-being and ethical conduct. The course incorporates activities from the California Judges Association’s workshop series on ethics and wellness for law students, and assignments will help students to create a blueprint of their professional persona to carry forward in their careers. 

Note:

This course is taught by Judge Rohanee Zapanta.

Public International Law (LWIC575)

Instructor(s): Maimon Schwarzschild

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

Instant communications, easier travel and expanding international trade mean the actions, interests and welfare of nations and their citizens have become increasingly intertwined, each impacting the others. 

To regulate this impact, nations have established a multi-level system of law, and some have established multinational organizations which, in turn, have their own legal systems. 

This class will survey key components of the resulting aggregation of laws (known generally as public international law). It will examine laws governing treaties and other international agreements, the nature and content of customary international law, the recognition of states and governments, the role and operation of international and regional organizations, state responsibilities, laws protecting foreign investments, international dispute resolution mechanisms and selected other topics.

Now public international law is behind most of today’s headline news—often because states are breaching its tenets. The class will devote significant attention to current geopolitical problems in order to understand the role public international law plays. Topics may include the tariff-driven trade wars, the Ukraine-Russia war and the position of NATO, China’s maneuvers in the Taiwan Strait threatening Taiwan, conflicting claims by China and other countries to the South China Sea, and the return to Mauritius by the UK of the militarily-important Chagos Islands in the Indian Ocean.

Note: This is a required course for the International Law Concentration (JD).
Additional Information: International Law Concentration, Public Interest Law Concentration

Remedies (LWLP570)

Instructor(s): Benjamin Lu, Mary Jo Wiggins

3-4 credit(s), Letter Graded
Concentration(s): Children's Rights (JD), Civil Litigation (JD), Public Interest Law (JD)

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

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

Special Education and Disability (LWFC565)

Instructor(s): Margaret Dalton

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

This class provides an overview of the major disability laws relating to students in K-12^th grade, by focusing on U.S. Supreme Court decisions as well as related laws including the Individuals with Disabilities Education Act (IDEA), Americans with Disability Act (ADA), and Section 504 of the Rehabilitation Act (504 plans). There is an emphasis on special education law (birth through high school). The course includes lectures and class discussions on current topics in disability law and policy, such as placements, student discipline, procedural safeguards, and legal remedies when disputes arise. Statutory and case law are utilized to assist students in understanding this complex and emerging area of specialization.

This course satisfies the upper-level written work requirement. No prerequisites.  

Additional Information: Children's Rights Concentration, Public Interest Law Concentration

State and Local Taxation (In-Person Section) (LWTE552)

Instructor(s): Michelle Layser

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

This course will provide students with the ability to understand and identify significant, recurring state and local tax (“SALT”) issues faced by taxpayers, their representatives and government agencies. The course will familiarize students with current legal and policy questions raised by sales taxes, personal and corporate income taxes, and property taxes that state and local governments rely upon to operate and fund public services. The course will also introduce students to the concept of state tax competition. Topics include taxation in a service economy, taxation in a digital economy, taxation of remote workers and multi-state entities, and economic development tax incentives. Many of these issues will be viewed through constitutional lenses, including the Commerce Clause, Due Process, Equal Protection and Privileges and Immunities.  As a result, students will be able to analyze the constitutional basis for each type of tax; address apportionment issues; analyze the strengths and weaknesses of significant legal and audit issues; and assess the logic and strength of challenges to tax assessments. Note that although California state and local tax issues will occasionally be referenced in this course, the course is not focused on California tax law, and the concepts introduced are generally applicable to every state taxing regime. No previous knowledge of tax law is required for this course.

Supreme Court (LWPP580)

Instructor(s): Michael Ramsey

3 credit(s), Letter Graded
Requirement(s): Writing
Prerequisite(s): Constitutional Law I or permission of instructor

This course considers the contemporary role, structure and procedures of the United States Supreme Court through an examination of selected cases currently pending before the Court. Students investigate the views and outlook of the Court's current justices as to the Court's role generally and with respect to these particular cases. Substantial classroom discussion, an in-class presentation, and a paper reflecting significant independent research will be required.

Tax Research (LWTE570)

Instructor(s): Dennis Lilly

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

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

Taxation of Property Transactions (LWTE575)

Instructor(s): Phillip Jelsma

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

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

Note:

This course offers two sections, one of which is Distance Education Synchronous via Zoom.

Trademark Law (LWIP580)

Instructor(s): Lisa Ramsey

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

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.

Additional Information: Intellectual Property & Technology Law Concentration

Trial Advocacy - Criminal (LWLP550)

Instructor(s): Kaitlyn McCarthy

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

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

Additional Information: Civil Litigation Concentration, Criminal Litigation Concentration

Trusts & Estates (LWGC590)

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.

Wrongful Convictions (LWCR537)

Instructor(s): Justin Brooks

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

Wrongful Conviction is a universal problem that has received a great deal of attention from the media, legislatures, and courts around the world in recent years. This course is designed to provide students with an overview of the issues, case law, and legislation related to wrongful convictions, but also to give students a deep understanding of how to investigate and litigate these cases. The course will help prepare students for internships and careers in criminal law as both prosecutors and defense attorneys. Select students who successfully complete the course may be chosen for internships with an innocence organization where they will have the opportunity to work on real cases. Grades will be based on in-class presentations and a final exam.

Additional Information: Criminal Litigation Concentration