Course Descriptions

ABCDEFGHIJKLMNOPQRSTUVWXYZ

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

Education & Disability Clinic I (LWVL550)

Instructor(s): Margaret (Mimi) Adams, Margaret Dalton

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

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

Education & Disability Clinic II (LWVL551)

Instructor(s): Margaret (Mimi) Adams, Margaret Dalton

1-4 credit(s), H/P/L/F Graded
Requirement(s): Experiential
Concentration(s): Children's Rights (JD), Civil Litigation (JD), Health Law (JD), Public Interest Law (JD)
Recommended Class(es): Special Education and the Law

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

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:

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 Civil Litigation Concentration, Health Law Concentration, and Public Interest Law Concentration web pages for more information.

Education Law Externship I & II (LWVL549)

Instructor(s): Margaret Dalton

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

The Education Law Externship Program provides students the opportunity to gain valuable practice experience with an education law firm or a non-profit project focusing on education issues. In most cases, students have already identified a position and accepted it, but that is not required for Education Law Externship I. Students may enroll in Education Law Externship I and II 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 Education Law 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 a mandatory orientation, student submission of hours worked on a bi-weekly or monthly basis; a 750-word reflective paper at the end of the semester; an externship work product for professor review, assuming confidentiality is not an issue; and on-site supervisor evaluation showing satisfactory completion of work experience. The externship is graded on a Pass-Fail basis.

If you have accepted a field placement, meet the eligibility requirements, agree to meet the course obligations above and want to  register for the Education Law Externship course, fill out the application below (see link). After you submit the form, the faculty
supervisor will review it and send you an email with additional information. If you do not have a placement or have any placement questions, please contact Professor Margaret Dalton at mdalton@sandiego.edu

Note:

Please fill out the Education Law Externship Application Form and send it to Professor Dalton, who is the faculty supervisor for the Education Law Externship program.

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.

Entrepreneurship Clinic I (LWVL520)

Instructor(s): Sebastian Lucier, Eric Austin, Liz Bui, Christopher William Turnbow

2-4 credit(s), H/P/L/F Graded
Requirement(s): Experiential
Concentration(s): Business and Corporate Law (JD), LLM in Business and Corporate Law (LLMB), Business and Corporate Law (LLMUS)

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.

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. 

Additional Information: Business and Corporate Law Concentration

Entrepreneurship Clinic II (LWVL521)

Instructor(s): Sebastian Lucier, Eric Austin, Liz Bui, Christopher William Turnbow

1-4 credit(s), H/P/L/F Graded
Requirement(s): Experiential
Concentration(s): Business and Corporate Law (JD), LLM in Business and Corporate Law (LLMB), Business and Corporate Law (LLMUS)

Clinic II interns refine their skills, working on complex cases and cases already begun as Clinic I interns. 

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.

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. 

Additional Information: Business and Corporate Law Concentration

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

Experiential Advocacy Practicum I (LWAA575)

Instructor(s): Staff

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

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

Note:

Required for first-year students.