Course Descriptions

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Spring 2021 Class Descriptions

Administrative Law (LWPP510)

Instructor(s): Staff

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 (LLMC), 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).
Additional Information: Environmental & Energy Law Concentration (JD), Public Interest Law Concentration (JD)

Advanced Business Planning (LWTE505)

Instructor(s): Laura Buckley, Richard Shaw

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

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

Advanced Legal Research (LWLP512)

Instructor(s): Staff

1 credit(s), Letter Graded

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

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

Advanced Pass-Thru Taxation (LWTE556)

Instructor(s): Staff

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

The use of tax pass-through entities has become widespread and powerful both in the U.S. and internationally. The purpose of the course is to understand the rules that apply to S corporations, partnerships, REITs and other pass-through entities and how those entities are used, both domestically and internationally. The course will also consider the tax policy issues that pass-through entities raise. The questions are both broad (e.g., Why do we have so many pass-through entities? Why do the rules for each differ? What are the issues for different classes of investors? Is simplification possible?) and narrow (e.g., How is entity-level tax eliminated in the case of a REIT or a RIC? In the case of a REMIC? In the case of an S corporation?) This class meets for seven weeks. In addition to class participation, there will be 2 hour open book exam.

 

Advanced Trial Advocacy (LWLP515)

Instructor(s): Bibianne Fell, Mary Jo Barr, Everett McAdoo

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

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

 

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

Agency Externship I (LWVL596)

Instructor(s): John Sansone

1-6 credit(s), P/F Graded
Requirement(s): Experiential
Concentration(s): Children's Rights (JD), Civil Litigation (JD), Criminal Litigation (JD), Employment and Labor Law (JD)

The Agency Externship Program provides students the opportunity to gain valuable clinical legal experience for academic credit with a government agency or non-profit organization during the fall, spring or summer semesters. (The externship program does not allow students to receive academic credit for working in a private law firm). Students may enroll in the Agency Externship Course for 1 - 6 units of credit and must work during the academic session for a minimum of 50 hours per credit (100 hours for 2 credits, 150 hours for 3 credits, 200 hours for 4 credits, 250 hours for 5 credits, and 300 hours for 6 credits). For purposes of the Agency Externship, the academic session is from the official start of classes to the last day of final exams. Any externship work outside this time period may be counted towards pro bono hours, but not academic credit, provided the student is not receiving compensation for those hours.

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

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

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

Note:

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


Additional Information: Handbook

Agency Externship II (LWVL590)

Instructor(s): John Sansone

1-6 credit(s), P/F Graded
Requirement(s): Experiential
Concentration(s): Civil Litigation (JD), Criminal Litigation (JD)

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

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

Note:

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


Additional Information: Handbook

American Indian Law (LWPP557)

Instructor(s): Staff

3 credit(s), Letter Graded

This course surveys Native American sovereignty and rights, focusing on the law and legal history governing relations between Indian nations, the U.S. federal government, and state governments, including treaty rights, civil and criminal jurisdiction, economic development, and Native American religious rights.

The course will be graded by a final exam with both essay and multiple choice questions; it has no specific prerequisites, but prior completion of Civil Procedure is highly advisable, and it may be helpful to have completed, or be concurrently enrolled in, a semester of Constitutional Law.

Antitrust (LWBC503)

Instructor(s): Mark Lee

3 credit(s), Letter Graded
Concentration(s): Business and Corporate Law (JD), Intellectual Property (JD), Public Interest Law (JD), LLM in Business and Corporate Law (LLMB), Business and Corporate Law (LLMC), Intellectual Property (LLMC), Intellectual Property Law (LLMG), Business and Corporate 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. A final exam will be given.

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

Appellate Clinic (LWVL501)

Instructor(s): Michael Devitt, David Schlesinger

2 credit(s), H/P/L/F Graded
Requirement(s): Experiential
Concentration(s): Civil Litigation (JD)
Prerequisite(s): Civil Procedure, Evidence or concurrent enrollment, Professional Responsibility or concurrently, Crim Pro I or concurrent enrollment

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

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

Art Law (LWIP505)

Instructor(s): Herbert Lazerow

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

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

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

Artificial Intelligence and the Law (LWIP506)

Instructor(s): Thomas Smith

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

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