Course Descriptions

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Spring 2020 Class Descriptions

Judicial Externship (LWVL598)

Instructor(s): Shaun Martin

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

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

 How to Register For A Judicial Externship For Credit

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

Judicial Lawmaking (LWLP540)

Instructor(s): Edmund Ursin

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

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

Juvenile Law (LWFC546)

Instructor(s): Jean Ramirez

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

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