Students in class

Course Descriptions

Spring 2024 Class Descriptions

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Administrative Law (LWPP510)

Instructor(s): Anne Kammer

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


Advanced Legal Research (online) (LWLP512)

Instructor(s): Julianne Odin, Robert OLeary

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 online 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.

Note:

Asynchronous/remote


Advanced Partnership Tax - NEW course (Remote via Zoom) (LWTE504)

Instructor(s): Staff

2 credit(s)
Concentration(s): LLM in Taxation (LLMT), Taxation (MSLS)
Prerequisite(s): Partnership Tax

Advanced Partnership Taxation adopts a practitioner’s approach to understanding and drafting tax provisions embedded in partnership agreements – both simple and complex. The course explores how partnership tax principles and theory are translated into the governing legal documents – starting with a basic partnership agreement and working toward complex partnership structures. Over the course of the class, students will gain practical experience in drafting partnership tax provisions, as well as, enhancing their understanding of how those provisions affect both the tax and economic results of a given arrangement.

Note:

Please note this course will be taught remotely via Zoom.


Advanced Trial Advocacy (LWLP515)

Instructor(s): Bibianne Fell, Mary Jo Barr, Staff

2 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 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.


Advocacy Competition Teams (LWAC500)

Instructor(s): Linda Lane

1 credit(s), P/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.  

LWAC 500: Advocacy Competition Team - APP (Lisa Cannon)
LWAC 501: Advocacy Competition Team - CAT (Linda Lane)
LWAC 502: Advocacy Competition Team - MOC (Frankie DiGiacco)
LWAC 503: Advocacy Competition Team - TLT (Stephen Ferruolo)
LWAC 504: Advocacy Competition Team - VIS (David Brennan)


Agency Externship I (LWVL596)

Instructor(s): Staff

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. For 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): Staff

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


Antitrust (LWBC503)

Instructor(s): David McGowan

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 (LLMUS), Intellectual Property (LLMUS), 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. This class will have a take-home final exam administered on TWEN.

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 semester-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. Students who choose to continue take appellate clinic II 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. 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): Bert Lazerow

3 credit(s), Letter Graded
Concentration(s): Intellectual Property (JD), Intellectual Property (LLMUS), 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): Staff

3 credit(s), Letter Graded
Requirement(s): Writing
Concentration(s): Intellectual Property (JD), Intellectual Property (LLMUS), 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.


Asylum and Refugee Law (LWIC547)

Instructor(s): Horacio Spector

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

This course includes elements of public international law and comparative law in the emerging area of international migration. The international normative system on forced migrations is interpreted and implemented in different ways by the States members of the 1951 Convention relating to the Status of Refugees, which gives rise to a rich array of international and comparative precedents. Students will learn the international norms relating to forced migrations and the rulings of American and European courts that apply those norms to particular controversies. Class discussions will focus on various alternatives to redesign the international system and propose an alternative structure that be capable of providing fairer and more efficient solutions to this serious problem. Successful completion of the paper will fulfill the law school's written work requirement.


Business Planning (LWBC520)

Instructor(s): Dennis Doucette

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)
Prerequisite(s): Tax I, Corporations

This seminar combines advance work in Corporations, Federal and State Securities laws, and Federal Taxation in the context of business planning and counseling. The course is based upon a series of problems involving common business transactions which present corporate securities law and tax issues for analysis, and resolution. The problems cover such topics as factors in the decision to incorporate; the formation of partnerships, limited liability companies, and corporations, both closely held and publicly owned; securities law considerations in raising capital; corporate distributions; the sale and purchase of businesses; mergers and other forms of acquisition; and recapitalization, division, and dissolution of corporations.


CA Regulatory Law Clinic I (LWVL502)

Instructor(s): Marcus Friedman

2 credit(s), H/P/L/F Graded
Requirement(s): Experiential
Concentration(s): Public Interest Law (JD)
Prerequisite(s): California Regulatory Law & Public Interest

This Clinic, which is highly recommended for the Public Interest Law Concentration, is associated with California Regulatory Law and the Public Interest, and offers students an experiential opportunity to complement the knowledge gained from that class. Each student is assigned to monitor one to two state agencies, and does so by attending agency meetings, analyzing regulatory proposals, monitoring legislation and litigation impacting the agency, and more. In addition to drafting frequent tweets and blogs about their agencies, students write articles on their agencies for publication in the California Regulatory Law Reporter, which appears on Westlaw. This enables students to achieve publication prior to graduation in the major state administrative law publication. Students in this clinic meet with the instructor at least once a week to inform and guide their work. 

Note:

The prerequisite of California Regulatory Law & Public Interest can be waived in Spring 2024.


CA Regulatory Law Clinic II (LWVL512)

Instructor(s): Marcus Friedman

2 credit(s), H/P/L/F Graded
Requirement(s): Experiential
Concentration(s): Public Interest Law (JD)
Prerequisite(s): California Regulatory Law & Public Interest

This Clinic, which is highly recommended for the Public Interest Law Concentration, is associated with California Regulatory Law and the Public Interest, and offers students an experiential opportunity to complement the knowledge gained from that class. Each student is assigned to monitor one to two state agencies, and does so by attending agency meetings, analyzing regulatory proposals, monitoring legislation and litigation impacting the agency, and more. In addition to drafting frequent tweets and blogs about their agencies, students write articles on their agencies for publication in the California Regulatory Law Reporter, which appears on Westlaw. This enables students to achieve publication prior to graduation in the major state administrative law publication. Students in this clinic meet with the instructor at least once a week to inform and guide their work. 

Note:

The prerequisite of California Regulatory Law & Public Interest can be waived in Spring 2024.


California Criminal Litigation Skills (LWCR505)

Instructor(s): Staff

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


Child Advocacy Clinic: Dependency I & II (LWVL507)

Instructor(s): Jessica Heldman

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

Students work with assigned attorneys from the Dependency Legal Group of San Diego, representing abused and neglected children in dependency court proceedings. Students are exposed to a wide variety of experiences, such as interviewing child clients; presenting evidence during bench trials; preparing briefs and memoranda; participating in settlement conferences; conducting field work with investigators; and making court appearances as necessary and appropriate. Dependency Clinic students must commit 16 hours per week to their Clinic work, and there is an additional one-hour classroom component each week. Students must have completed or be enrolled in Evidence, Civil Procedure and Child Rights and Remedies. Clinic slots are limited; students must obtain a permission slip from Professor Robert Fellmeth or Elisa Weichel before registering for the course.

Note:

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


Additional Information: Children's Rights JD Concentration


Child Advocacy Clinic: Policy I & II (LWVL505)

Instructor(s): Jessica Heldman

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

In this clinic, students work with Staff Attorneys at USD Law’s Children’s Advocacy Institute (CAI) on legislative and regulatory policy advocacy projects, impact litigation, public education, and/or policy research and analysis of issues that affect children, with an emphasis on children in the foster care system. Students are supervised by Professor Jessica Heldman and projects can include working remotely with CAI’s National Policy Advocate in Washington DC, CAI’s California Policy Advocate in Sacramento, or with local San Diego staff. This clinic provides an exciting opportunity to experience how laws and regulations get developed, enacted, and enforced on behalf of an important and vulnerable group of individuals. To participate, students must have completed or be enrolled in Child Rights and Remedies.  Clinic slots are limited; contact Professor Jessica Heldman if interested. 

Note:

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


Additional Information: Children's Rights JD Concentration


Child Advocacy Clinic: Youth Justice I & II (LWVL503)

Instructor(s): Jessica Heldman

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

Clinic students work with the attorneys in the Juvenile Division of the Public Defender’s Office to represent youth in Juvenile Court proceedings to ensure their legal rights are protected and that they receive the appropriate educational, mental, physical, and other services they need if adjudicated delinquent. Clinic students interview clients, prepare and argue motions, and participate in San Diego’s specialized collaborative Behavioral Health Court program (BHC) for youth with mental health diagnoses who are on probation. Participation in BHC provides interns the opportunity to review comprehensive case files of youth to identify areas of need and then advocate on the youth’s behalf with regard to issues such as special education services, school placement, mental health assessments/services, and health care, in order to address underlying issues that might be contributing to the youth’s delinquency. Youth Justice Clinic interns must work at least 16 hours per week at the Public Defender’s Office. In addition, clinic students meet as a group once per week for a one-hour classroom component. Students must have completed or be enrolled in Evidence, Civil Procedure and Child Rights and Remedies. Clinic slots are limited; students must obtain a permission slip from Professor Jessica Heldman to register for the course.

Note:

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

Please note this clinic has been renamed - it used to be named Child Advocacy Clinic: Youth Juistice I & II


Additional Information: Children's Rights JD Concentration


Civil Clinic I (LWVL510)

Instructor(s): Joe Villasenor

2-4 credit(s), H/P/L/F Graded
Requirement(s): Experiential
Concentration(s): Civil Litigation (JD)
Recommended Class(es): Civil Procedure, Evidence, Trial Advocacy or Practicum

Students interview, counsel and represent clients at Superior Court or in administrative hearings in a wide variety of cases under the supervision of an attorney. Students draft pleadings and correspondence, as well as confer and negotiate with opposing counsel/parties. Weekly group meetings are combined with individual case conferences to provide intensive personal training in litigation techniques, problem solving and case management. Students also learn general civil litigation practice and procedures.

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


Civil Clinic II (LWVL511)

Instructor(s): Joe Villasenor

1-4 credit(s), H/P/L/F Graded
Requirement(s): Experiential
Concentration(s): Civil Litigation (JD)
Prerequisite(s): Civil Procedure, Evidence
Recommended Class(es): Civil Procedure, Evidence, Practicum or Trial Advocacy

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

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


Civil Rights Theories Seminar (LWPP521)

Instructor(s): Roy L. Brooks

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

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


Class Action Law Forum (LWLP524)

Instructor(s): Shawn Miller

1 credit(s), H/P/L/F Graded
Requirement(s): Writing
Concentration(s): Children's Rights (JD), Civil Litigation (JD), Public Interest Law (JD)

The University of San Diego School of Law and Western Alliance Bank’s fifth annual Class Action Law Forum™ (CALF) will take place right here at USD March 22-23, 2023, and Professor Shawn Miller will be supervising students interested in helping state and federal judges and partners from leading law firms that are speaking at the event to prepare their conference presentations. Beyond the opportunity to individually assist judges and law firm partners, students selected must write a short paper (roughly ten pages) on the class action litigation topics covered at the conference. The expectation is that student papers will be published on the CALF’s conference website. Professor Miller is also happy to help students expand their works so that they may be submitted as student notes.


Additional Information: Link to last year's conference.


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.


Comparative Constitutional Law (LWIC515)

Instructor(s): Laurence Claus

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

This course explores how the world’s constitutions limit and channel power. We do this primarily by taking the great issues of American constitutional law, from the structure of government to human rights, and asking how those issues are treated elsewhere. We particularly ask what makes the difference between a constitution of democracy and a constitution of tyranny. The course is open to all upper-class students, and may be taken concurrent with Constitutional Law. A research paper is required.


Complex Litigation (LWLP523)

Instructor(s): Scott Metzger

3 credit(s), H/P/L/F Graded
Requirement(s): Experiential
Concentration(s): Civil Litigation (JD), Employment and Labor Law (JD), Employment and Labor Law (LLMG)
Prerequisite(s): Civil Procedure

This class is important for anyone interested in a civil litigation practice. While we will spend the majority of our time on class actions, we will also cover derivative, qui tam (“whistle blower”), and Private Attorney General Act (PAGA) claims. This is an experiential class which will be graded based on a mid-term and final brief, each followed by oral argument. Class participation will also be considered.


Constitutional Law I (LWAA515)

Instructor(s): Staff

4 credit(s), Letter Graded

This course provides an introduction to the United States Constitution, stressing the theory and practice of judicial interpretation and review, the separation of federal powers, the relation of the states to the federal government, and specific powers of the federal government. It also provides an introduction to the Bill of Rights and its limitations on the exercise of governmental power, with emphasis on freedom of speech.


Constitutional Law II (LWPP525)

Instructor(s): Miranda McGowan, Maimon Schwarzschild

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

This courses covers the Fourteenth Amendment\'s equal protection and due process clauses. Specific topics include race discrimination (including school desegregation and affirmative action), gender discrimination, discrimination against gays and lesbians, voting rights, privacy (including abortion, sexual freedom, and the right to die), and property.


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.


Contract Drafting (LWGC563)

Instructor(s): Frederick Heller, Monica Sullivan

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 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 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.


Contracts (LWAA520)

Instructor(s): Staff

4 credit(s), Letter Graded
Concentration(s): Business and Corporate Law (LLMUS), Business and Corporate Law (MSLS)

An introduction to legal reasoning and analytical skills through an investigation of how the law enforces agreements. Included are such topics as: the requirements for the formation of a contract; problems of interpretation; damages for breach; the statute of frauds; illegality; and problems which arise during the performance stage of a contract, such as the creation and failure of express and implied conditions, excuse through impossibility or frustration of purpose, and discharge. Article II of the Uniform Commercial Code is introduced and compared with the common law of contracts.


Controlled Substances (LWGC518)

Instructor(s): Donald Dripps

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

This course examines the criminal law’s treatment of recreational drug use and the policy controversies attending the law. The course should be of special interest to students interested in taking up criminal practice, whether as prosecutors or defenders, but should also appeal to students interested in our criminal justice system generally. Specific topics covered will include the Nature of Intoxicants, the Development of Legal Prohibitions, and Continuing Debate over Legalization; The War on Drugs, Mass Incarceration, and Questions of Equal Justice; Possession versus Distribution; Manufacture and Conspiracy Offenses; Mens Rea in Drug Crimes; Drug Testing at Work and School; Sentencing under the Guidelines; Criminal Procedure--Informants and Wiretaps; Criminal Procedure—Search and Seizure, with special emphasis on suppression hearing practice; The Controlled Substances Act and the FDCA; Medical Marijuana; and International Aspects of Drug Control.  


Copyright Law (LWIP525)

Instructor(s): Abraham Bell

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

This course surveys the law relating to rights in expressive works. We will study what copyright covers – such as books, movies, musical recordings, and software – and distinguish copyright from other forms of intellectual property, such as trademark and patent. We will focus on the exclusive rights granted in copyrightable works, rules governing the transfer of those rights, what acts infringe those rights, what remedies the law provides for infringement, and what limitations the law places on those rights, such as the fair use doctrine. We will discuss some topics of current interest, such as the rules governing the copying and distribution of music over peer-to-peer networks, digital rights management, and open-source software development.  This class has a final exam.

Note: May be applied as part of the six required credits for the Intellectual Property Concentration (JD).
Additional Information: Intellectual Property JD Concentration


Corporate Counsel Externship I (LWVL591)

Instructor(s): Beth Baier, Staff

1-6 credit(s), P/F Graded
Requirement(s): Experiential
Concentration(s): Business and Corporate Law (JD), Employment and Labor Law (JD), Health Law (JD), Intellectual Property (JD), LLM in Business and Corporate Law (LLMB), Business and Corporate Law (LLMUS), Environmental and Energy Law (LLMUS), Intellectual Property (LLMUS), Employment and Labor Law (LLMG), Environmental and Energy Law (LLMG), Intellectual Property Law (LLMG)

The Corporate Counsel Externship Program consists of a work component and a class component and allows students to earn academic credit working in the legal department of a corporation, company or other business entity. Students may also work in other departments of a corporation as long as they are supervised by an on-site licensed attorney. Students must work during the academic session for a minimum of 50 hours per unit of credit and may receive 1-6 credits. For purposes of corporate counsel externship work, the academic session is from the official start of classes to the last day of final exams. No academic credit may be earned for corporate counsel externship work outside this time period.

Academic requirements include: mandatory orientation, student journals submitted to the professor relating to the 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 an on-site supervisor evaluation showing satisfactory completion of work experience. The Externship is graded on a Pass-Fail basis.

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. 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:

Field Placement Form

There are limitations on JD concentration eligibility. Please check the JD concentrations web pages for more information.


Additional Information: Concentrations, Field Placement Form


Corporate Counsel Externship II (LWVL589)

Instructor(s): Beth Baier

1-6 credit(s), P/F Graded
Requirement(s): Experiential
Concentration(s): Business and Corporate Law (JD), Employment and Labor Law (JD), Health 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)

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 a Corporate Counsel Externship placement. Please refer to Corporate Counsel Externship I description for additional requirements.

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 JD concentrations web pages for more information. Contact Law Student Affairs to find out if your work in this clinic qualifies for the concentration.
Additional Information: Concentrations, Law Student Affairs


Corporate Tax (LWTE560)

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)
Prerequisite(s): Tax I

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

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


Corporate Technology Externship (LWVL570)

Instructor(s): Anthony Mauriello

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

This externship places students at local law firms and companies to provide legal assistance to technology companies in the areas of corporate formation and transactions, contracts, employment, and related areas. Students will be supervised by attorneys at the local law firms and companies as well as the professors. Students begin work during the first week of the semester with companies and law firms, and meet one-on-one with the professors on a regular basis.  

Only students who were registered for the fall semester will be admitted to the spring semester. Non-graduating students who have not previously participated in the externship may apply for the Fall 2024 externship in late spring 2024. Please see the Fall 2023 course description for more information on applying for the 2024-25 program.


Corporations (LWBC545)

Instructor(s): Mark Lee

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), Business and Corporate Law (MSLS)

The real subject matter of this course is the business issues that arise when people work together, how the laws of business organizations resolve these issues, and what a lawyer can do to custom tailor these resolutions. We will examine the laws of sole proprietorships, partnerships, limited liability companies, and especially corporations. When we turn to the law of corporations, we will focus on the relationships among shareholders, directors, and officers, their respective rights and duties. These rights and duties vary with context, one critical element of which is whether the corporation’s shares are publicly traded. To understand the significance of this element, one must understand some elementary financial economics, so the course will cover this topic.


Criminal Procedure I (LWCR520)

Instructor(s): Maimon Schwarzschild

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

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

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


Criminal Procedure II (LWCR525)

Instructor(s): Staff

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

In this advanced criminal procedure class, students will continue the study commenced in Criminal Procedure I, focusing on the processing of a criminal defendant through the criminal justice system. The course will address a number of issues regularly presented in criminal cases, including the charging process, the right to a speedy trial, criminal discovery and disclosure, the right to jury trial, the right to effective assistance of counsel, the right to confrontation and the exercise of the privilege against self incrimination at trial. In addition the course will include discussions of the principles of the right against double jeopardy, and post conviction remedies such as direct appeal and petitions for habeas corpus. The purpose of the course is to develop an understanding of the basic structure of the criminal process in a federal system of government as well as the basic principles underlying the constitutional and procedural protections of the criminal justice system.

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


Cross Border Marine Pollution (LWEV506)

Instructor(s): Nilmini Silva-Send, Angela Howe

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

This practicum will give students first-hand experience in environmental and ocean law, using a local, decades-old cross-border pollution problem. The course will examine the potential for the United States to use international law to address marine pollution from Mexico’s Tijuana River to the US Pacific coast. Specifically, students will evaluate the applicability of the United Nations Law of the Sea Convention (UNCLOS) Part XII (Protection and Preservation of the Marine Environment), determine provisions accepted as customary law by the US, assess limitations of the Boundary Water Treaty 1944, limitations of Mexican national rules adopted under UNCLOS for land-based sources of marine pollution, and general principles of international law that might be used by the US government to spur action from Mexico. Students will assess the recent national case law dealing with the marine pollution, whether local remedies have been exhausted as a pre-condition for international action, and identify international alternative dispute resolution mechanisms. Students will develop professional skills such as cultural competency, interviewing, field visits, professional responsibility and ethics, and better understand environmental justice.


Deals (LWBC550)

Instructor(s): Staff

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

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


Discrimination Law & Diversity (LWPP520)

Instructor(s): Staff

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

This course is designed not only for the student who plans to practice civil rights or public interest law, but also for the student who plans to hold a position of leadership in a culturally diverse institution; e.g., corporations, schools, and governments. We will study modern civil rights perspectives that shape our understanding of discrimination law and diversity. Race is the primary galaxy in the civil rights cosmos. From there, other galaxies have formed—including gender, sexual orientation and identity, disability, and age. We will give attention to conservative, liberal, and critical perspectives that shape our civil rights laws and our understanding of diversity. Seminal civil rights cases (e.g., Brown v. Board of Education) and traditional topics in the field (e.g., school desegregation, housing discrimination, employment discrimination, affirmative action, and the Equal Protection Clause) will be studied. In addition, we will see how terms like “racism,” \"sexism,” and “homophobia” are no longer seen as the only structural sources of inequality in culturally diverse institutions. Decidedly interdisciplinary, this course will give the student an opportunity to engage in innovative, out-side-of-the-box thinking regarding legal, cultural, and socioeconomic approaches to civil rights law and diversity. This class will be graded on the basis of class participation and a final exam.


Education & Disability Clinic I (LWVL550)

Instructor(s): Margaret (Mimi) Adams

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

Students receive practical training and experience in client intake, interviewing and counseling, file review and analysis, and legal representation in diverse forums. Some cases proceed to mediation and due process hearings, where students argue the case with support from the supervising attorney. Weekly group meetings are combined with individual case conferences to provide intensive personal training in case management. The classroom component also includes an overview of statutes and cases in this growing area of civil law. The clinic is graded on a 4-tier Pass-Fail basis. No prerequisites.

Note:

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


Additional Information: Children's Rights Concentration


Education & Disability Clinic II (LWVL551)

Instructor(s): Margaret (Mimi) Adams

1-4 credit(s), H/P/L/F Graded
Requirement(s): Experiential
Concentration(s): Children's Rights (JD), Health Law (JD)

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

Note:

This clinic may be applied towards the three required clinic credits for the Children's Rights Concentration (JD). There are limitations on concentration eligibility. Please check the Health Law Concentration web page for more information.


Additional Information: Children's Rights Concentration, Health Law Concentration


Education Law Externship I & II (LWYB549)

Instructor(s): Margaret Dalton

1-6 credit(s), P/F Graded
Requirement(s): Experiential
Concentration(s): Children's Rights (JD), Public Interest Law (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 Vice Dean
Margaret Dalton at mdalton@sandiego.edu.


Additional Information: Education Law Externship Application Form


Employment Discrimination (LWPP535)

Instructor(s): Richard Paul

3 credit(s), Letter Graded
Concentration(s): Employment and Labor Law (JD), Employment and Labor Law (LLMG)

This overview course of employment discrimination laws will first examine the history and provisions of federal anti-discrimination laws prohibiting employment discrimination based on race, sex, pregnancy, national origin, age, sexual orientation, disability and other classes.  We will also discuss the California Fair Employment and Housing Act's protections when they diverge from federal law. We will focus in detail on emerging issues under The Americans with Disabilities Act, affirmative action, and religious discrimination and accommodation. At this juncture in our nation, issues of discrimination are at the forefront of public debate.  This course gives students an opportunity to think about the meaning and practice of individual and institutional discrimination, to analyze and understand various anti-discrimination approaches, and to learn to think creatively and flexibly when working on problems within this complex, evolving field of law. Students will learn to strategize about bringing and defending employment discrimination suits and, perhaps even more importantly, about helping clients develop policies and practices that foster discrimination-free workplaces and resolve workplace issues before they develop into lawsuits.

There will be one final exam.  Because there are so many new cases being handed down on issues relating to employment discrimination, students will also have an opportunity to write short papers on these topics and share their learning with the class for extra credit.


Energy Law and Policy Clinic I & II (LWVL518)

Instructor(s): Joseph Kaatz

I (2 credit(s), H/P/L/F Graded
Requirement(s): Experiential OR Writing
Concentration(s): Environmental and Energy Law (JD), Public Interest Law (JD), Environmental and Energy Law (LLMUS), Environmental and Energy Law (LLMG)
Prerequisite(s): Energy Law

The Energy Law and Policy Clinic provides students an opportunity to conduct legal and policy research in cooperation with a related agency, such as the California Public Utilities Commission (CPUC) and the California Air Resources board. Agency staff, EPIC staff, and students work together to select one or more energy-or-climate change-related legal or policy research topics. Under the supervision of a practicing attorney and EPIC staff, students conduct a semester-long research project on the selected topic(s). Students will present results to the agency staff at the end of the semester. The clinic is graded on a 4-tier Pass-Fail basis. 

Note: There are limitations on JD concentration eligibility. Please check the Environmental & Energy Law Concentration web page for more information.
Additional Information: Environmental & Energy Law Concentration


Entrepreneurship Clinic I (LWVL520)

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

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), Business and Corporate Law (MSLS)

Through hands-on opportunities, students in the Entrepreneurship Clinic provide pro bono legal services to low- and moderate-income entrepreneurs who want to start or expand their small businesses. The Entrepreneurship Clinic does not engage in litigation-related services; instead, it focuses on advising clients on legal matters relating to starting their business and assisting in drafting and filing necessary documents. Such work includes: determining the appropriate choice of business entity, assistance in obtaining necessary permits and licenses, advising on employment and independent contractor issues, drafting and reviewing commercial contracts and leases, and assisting with the establishment of tax-exempt organizations. The clinic is graded on a 4-tier Pass-Fail basis. No prerequisites.


Entrepreneurship Clinic II (LWVL521)

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

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), Business and Corporate Law (MSLS)

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.


Environmental Law (LWEV520)

Instructor(s): Staff

3 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)

This survey course addresses the principles that govern environmental law, including the respective roles of the courts, state and federal agencies, and citizen groups. Federal environmental statues covered include: The National Environmental Policy Act, Endangered Species Act, Clear Air Act, Clean Water Act, and Comprehensive Environmental Response, Compensation and Liability Act (Superfund). The course will also introduce California state environmental law through the California Environmental Quality Act and the Public Trust Doctrine.

Note: This is a required course for the Environmental & Energy Law (JD) concentration.
Additional Information: Environmental & Energy Law Concentration (JD)


Ethics, Law & International Affairs (LWJT515)

Instructor(s): Horacio Spector

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

Contemporary public policy and legal debates in both the domestic and international arenas involve an intricate network of moral, political, and legal considerations. The course’s goal is to throw light on the relations among these three fundamental realms: ethics, politics, and law. After a general introduction, we will proceed to discuss the following topics: conceptions of liberty and equality, democracy and public deliberation, human rights, conflicts of rights, corporate responsibility for human rights violations, and the rule of law. Our attention will be focused on cross-boundary issues: Is democracy more important than the rule of law? Does economic equality threaten liberty? Are welfare and social rights compatible with civil liberties in populist democracies? In the last part of the seminar, we will deal with complex global issues: wars and military interventions, terrorism, and global justice. Can military force be used to protect human rights? Should rich nations transfer money to poor countries? Should pharmaceutical patents be enforced in the undeveloped world? Are there immigration rights? Is there a global community? Each student will be required to write a research paper of 20 pages in length. Successful completion of this course satisfies the written-work requirement.


Evidence (LWLP529)

Instructor(s): Donald Dripps

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.


Evidence Advocacy Lab (LWLP530)

Instructor(s): Lisa Rodriguez

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

This course is designed to familiarize students with the practical application of evidentiary points addressed in the traditional evidence course. Students focus on one or two evidentiary issues each week using a problem format. Each area of evidence is taught through performance. Each student is assigned as a proponent, opponent, witness and judge and is responsible for performing that role in class each week, and for submitting a short memo identifying the evidentiary issue and presenting the best approach to offering or opposing the evidence in court. The roles rotate each week. There is a new problem assigned each week. By the end of the semester, each student should be comfortably able to determine what it is he or she wished to accomplish in a courtroom with respect to specific evidentiary questions, and be able to structure the most logical, persuasive and trouble-free means to that end. The course is graded on a 4-tier Pass/Fail basis.


Experiential Advocacy Practicum II (LWAA576)

Instructor(s): Staff

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

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


Family Law (LWFC540)

Instructor(s): Leah Boucek

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

This open-enrollment course surveys the constitutional and legislative doctrine and the adjudication frameworks related to traditional family-law topics: marriage and divorce; marital property regimes; parent and child, including child custody, termination of parental rights, and adoption; family support rights; and rights of children. The course will be organized generally in relation to the California Family Code.

Note:

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


Federal Courts (LWPP545)

Instructor(s): Kenneth Lee

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

This course will study features of the constitutional law of the federal judiciary.  Specific topics
may include subjects such as these: justiciability doctrines (standing, mootness, etc.), the
constitutional scope of the courts’ federal question jurisdiction, Congressional control over the
federal courts’ jurisdiction, the Eleventh Amendment, abstention doctrines that restrict the
courts’ actions even in cases in which they have jurisdiction, and federal common law. This
course is co-taught by law professor Steve Smith and Ninth Circuit Court of Appeals Justice
Kenneth Lee.


Federal Tax Clinic I (LWVL555)

Instructor(s): Richard Carpenter

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

This is a hands-on clinical course for students who wish to develop tax controversy skills. Students working under the supervision of the Tax Clinic supervising attorney will represent low income taxpayers in resolving their tax disputes with the IRS. Students will learn client interviewing skills, how to interact with IRS personnel, and how to effectively resolve a client’s federal tax dispute. Students must also be available to participate in Tax Clinic Outreach presentations at various community locations and times. The clinic is graded on a 4-tier Pass-Fail basis. 


Federal Tax Clinic II (LWVL556)

Instructor(s): Richard Carpenter

1-4 credit(s), H/P/L/F Graded
Requirement(s): Experiential
Concentration(s): Taxation (LLMUS), LLM in Taxation (LLMT)
Prerequisite(s): Tax I

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


Financial Accounting for Tax (LWTE533)

Instructor(s): Staff

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

The course will cover basic tax accounting principles, such as temporary and permanent differences, current and non-current tax expense, and deferred tax assets and liabilities.  The course will also go over what constitutes an income tax, the accounting rules for different types of legal entities including the accrual of deferred taxes for investment in such entities, along with accounting for business combinations, valuation allowances, tax law changes, and tax reserves.  Students will be introduced to the basics of financial statements.  As each of these subject matters are covered, the implications to specific business matters will be identified and analyzed.


Free Trade Agreements (LWIC568)

Instructor(s): Staff

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

Free Trade Agreements (FTAs) have dramatically multiplied in number and scope. Every nation on Earth has at least one FTA, many have dozens of free trade partners. Free Trade Agreements often cover foreign investment, intellectual property, cross-border services, environmental and labor issues, and dispute settlement arbitrations, in addition to trade in goods.

This course introduces the law, economics and policy issues of Free Trade Agreements, focusing particularly on the renegotiation of the North American Free Trade Agreement (NAFTA) finalized in the United States-Canada-Mexico Agreement (USMCA 2020). FTAs of Japan, China, Korea, South-East Asia, Africa, the Middle East, Latin America, the United States, the European Union, and the United Kingdom will also be considered.

This research paper course is designed to allow fulfillment of the Law School’s Writing Requirement.

Note:

Please note this class was previously called NAFTA:  Free Trade Agreements.


Fundamentals of Bar Exam Writing (LWGC520)

Instructor(s): Kathleen Bolus, Michael Brooks, Allison Simkin, Mary Allain, Tony Roberts, Alyssa Koubratoff

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

Fundamentals of Bar Exam Writing addresses two components of the bar exam: the performance test and the essay portion. This course develops bar writing skills and imparts strategies and approaches to improve bar exam essay and performance test writing. Students are introduced to bar exam components and topics, and quickly move on to focus on the structure and details of bar essay writing and performance test drafting using highly tested areas of law from actual past bar exam questions. Students will cultivate techniques to analyze and solve bar essays and performance tests and communicate legal analysis in writing. Students will practice under timed test-like conditions, among other in-class activities devoted to developing writing and self-analysis skills. Students receive specific grading and feedback on their written work throughout the course. The course includes self and peer review, as well as professor-student conferencing as needed. Grading is on the H/P/LP/F scale. Students may be withdrawn from the course and/or given a failing grade for missing more than two classes, failing to turn in any written assignments on time, or failing to complete any practice examination.


Gender Discrimination (LWJT515)

Instructor(s): Miranda McGowan

3 credit(s), Letter Graded
Concentration(s): Employment and Labor Law (JD), Employment and Labor Law (LLMG)

This survey course will analyze the relationship between law and gender.  Among other things, “gender” encompasses biological sex, gender roles and gender norms, gender identity, and sexual orientation.  We will examine a variety of theoretical approaches to the study of gender and the history of certain social movements that have pushed for legal change and their strategies.  We will also analyze many substantive areas of law that implicate gender, including constitutional law, employment discrimination law, family law, criminal law, education law, same-sex marriage, reproductive rights, poverty law, and immigration.  Over the course of our history, the United States has increasingly expanded political, legal and social rights for persons without regard to their biological sex and more recently without regard to their sexual orientation and gender identity.  As new rights are recognized and protected, however, new social and legal issues emerge.  Learning about the regulation of gender in various areas will help you thing more thoroughly and systematically about gender issues. 


Health Law & Reproduction (LWGC536)

Instructor(s): Dov Fox

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

Millions of children each year are born using reproductive technologies. The emergence of new, technologically advanced ways to have children has raised new questions in tax, torts, contract, inheritance, immigration, family, constitutional, and especially health law. This course considers the cases, statutes, and policies that explore these issues. We will cover topics including sperm donation, egg freezing, gamete selling, embryo disputes, prenatal torts, surrogacy contracts, fertility tourism, and posthumous conception. Students will be required to draft and revise a substantial final paper on an approved topic and write weekly reaction papers based on the reading. No background in science or medicine is required. The course grade will be based on a final exam.


Honors Moot Court Competition (LWWI559)

Instructor(s): Michael Devitt

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

This course is designed to provide students with the opportunity to refine their written and oral advocacy skills by providing instruction in both the appellate process and the proper techniques involved in brief writing and oral argument. This course will focus upon an appellate case and will include discussions with leading scholars in the law, judges, and/or practicing attorneys. The Paul A. McLennon, Sr. Honors Moot Court Competition will consist of several rounds of competition, culminating in the Final Round competition held before a distinguished panel of judges. Participants in this competition will meet their course obligations by completing a satisfactory moot court brief of required length and form, conducting oral arguments on the selected problem, and attending four mandatory classes.


Housing Rights Clinic I & II (LWVL500)

Instructor(s): Alysson Snow

1-4 credit(s), H/P/L/F Graded
Requirement(s): Experiential
Concentration(s): 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. 


Human Rights Advocacy (LWIC527)

Instructor(s): Staff

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)

In a relatively short span of history, human rights advocates have become central to global efforts to stop atrocities and promote accountability. This course examines the actors and organizations behind this remarkable development as well as the vast challenges faced by advocates today. Topics of study will cover the ethical and strategic dilemmas faced by of modern-day human rights advocates; techniques and strategies central to human rights practice, including fact-finding, interviewing, monitoring, litigation, report writing, and media work; and the role of nongovernmental organizations (NGOs) in transnational legal and policy processes. We will also look at the various forms of “unruly,” progressive social justice, and social movement-based advocacy that have come to greater prominence in the last 15 years. The course will contain a substantial critical and academic component, but will also seek to engage students in “real-world” skill building exercises like press release writing, media interviews, and qualitative interviews with victims of and witnesses to human rights violations.

Note:

This course is cross listed with KROC.

This class will meet regularly on Tuesdays from 9:15 to 12:05, for a total of 10 Tuesday sessions.  In addition, it will meet for 4 Friday sessions (March 1, 15, 22; April 5). The total of 14 sessions will take place between January 30 and April 16. 


Immigration Clinic I (LWVL530)

Instructor(s): Tammy Lin, Staff

2-4 credit(s), H/P/L/F Graded
Requirement(s): Experiential
Concentration(s): International Law (JD), Public Interest Law (JD), International Law (LLMUS), LLM in International Law (LLMI), International Law (MSLS)

Students gain practical experience through interviewing, counseling, and representing clients with immigration-related problems. Students have the opportunity to assist clients with a range of immigration issues such as naturalization, lawful permanent residency, derivative citizenship, deferred action, and U-visa and VAWA for domestic violence and abuse victims. Students may attend U.S. Citizenship and Immigration Services interviews related to their client’s applications. Students may also attend and participate in community immigration outreach. Weekly meetings are held with the clinic supervisor and other interns to discuss immigration law, practical application and casework. The clinic is graded on a 4-tier Pass-Fail basis. No Prerequisites.


Immigration Clinic II (LWVL531)

Instructor(s): Tammy Lin, Staff

1-4 credit(s), H/P/L/F Graded
Requirement(s): Experiential
Concentration(s): International Law (JD), Public Interest Law (JD), International Law (LLMUS), LLM in International Law (LLMI), International Law (MSLS)

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


Intellectual Property Law Speaker Series (LWIP555)

Instructor(s): Shawn Miller

1 credit(s), P/F Graded
Concentration(s): Intellectual Property (JD), Intellectual Property (LLMUS), Intellectual Property Law (LLMG), Intellectual Property Law (MSLS)
Prerequisite(s): See course description

The IP Law Speaker Series will feature nine distinguished speakers, typically leading practitioners and academics, during the course of the semester. The speakers will address a variety of topics in patent, trademark, copyright, and trade secret law. Attendance at all speaker sessions is required. Students will draft a 1-2 page comment for seven of the nine speakers, which will be graded pass/fail. Students must have taken a course in some area of intellectual property, or have work experience in the field, to register for the course. 


International Civil Litigation (LWIC536)

Instructor(s): Michael Ramsey

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

International Civil Litigation will address a variety of issues that arise in international litigation in courts of the United States. Likely to be included are jurisdiction; service of process abroad; forum selection; taking evidence abroad; the Foreign Sovereign Immunities Act; choice of law and extraterritorial law; the Act of State Doctrine; and recognition and enforcement of foreign judgments.


International Environmental Law (LWIC539)

Instructor(s): Catherine MacKenzie

2 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)

This course introduces students to international environmental law and considers how law may be used to enhance international environmental protection. It commences with an overview of the international legal system in the context of environmental protection. It then discusses the history, development, sources and principles of international environmental law and reviews the role of the UN and other international agencies in the context of international environmental law-making. Next, it considers issues of particular interest to the United States. These may include climate change, energy, biodiversity and biotechnology, transboundary water, forests and protected areas, and environment and trade. It concludes by considering the resolution of international environmental disputes including international responsibility, the role of international courts and tribunals and the quantification of environmental harm.  


International Intellectual Property (LWIP545)

Instructor(s): Lisa Ramsey

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 examines international protection of intellectual property. We will discuss international treaties, trade agreements, and dispute resolution systems relating to trademarks, patents, copyrights, and related rights. The course will also cover acquisition and enforcement of intellectual property rights in foreign markets.


International Legal Research (online) (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:

Asynchronous/remote.


International Trade and Investment (LWIC558)

Instructor(s): Staff

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

This course will provide a conceptual perspective on international economic relations by analyzing the structure and characteristics of applicable legal systems. To do so, it will assess critical legal, policy, and commercial issues intrinsic to international trade and investment, with an emphasis on the World Trade Organization, its institutional history, and its current role in global trade governance.

The legal and policy challenges encountered by national governments attempting to influence international trade and investment will be closely examined. Additional topics will include legal aspects of the North American Free Trade Agreement and the European Union as well as the most foundational United States laws and governmental institutions impacting international trade and investment.

Substantial emphasis will be placed on matters of prevailing interest and controversy, including the intersection of national security and trade law, the trade law ramifications of the current conflict in Ukraine, the prominence of China in global trade, and major legal challenges to prevailing systems of international economic interactions (including the role of climate change considerations). Throughout this course, the challenges confronted by legal counsel will be explored.


Intro to US Law (LWGC530)

Instructor(s): Adam Hirsch

2 credit(s), Letter Graded

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

Note:

This course is for LLMUS students only.


IP Externship (LWVL532)

Instructor(s): Ted Sichelman

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

This course places students at local law firms and companies to provide legal assistance to local individuals (inventors, artists, musicians, and others) and tech and media companies in the areas of patent prosecution, patent searching, trademark prosecution, filing of provisional and utility patents, intellectual property litigation, intellectual property transactions, and related areas (including copyright and trade secret law). Students will be supervised by attorneys at the local law firms and companies as well as the professors. Students begin work during the first week of the semester with companies and law firms and meet one-on-one with the professors on a regular basis.

Only students who were registered for the fall semester will be admitted to the spring semester. Non-graduating students who have not previously participated in the externship may apply for the Fall 2024 externship in late Spring 2024. Please see the Fall 2023 course description for more information on applying for the 2024-25 program.


Additional Information: Application


Judicial Externship (LWVL598)

Instructor(s): M. Margaret McKeown

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

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

Note:

There are limitations on JD concentration eligibility. Please check the concentration web pages for more information.


Additional Information: JD Concentration Web Page


Labor Law (LWLP545)

Instructor(s): Richard Paul

3 credit(s), Letter Graded
Concentration(s): Employment and Labor Law (JD), Employment and Labor Law (LLMG)

This course offers an introduction to federal labor laws that effect organization, negotiation, collective bargaining relationships, and enforcement of negotiated labor agreements in the private sector. The course will examine National Labor Relations Board rules and procedures, federal court jurisdiction, labor arbitration, the rights of individual union members, and the increasing reach of NLRB rulings into non-unionized workforces. The course will also consider somewhat different issues of labor law and regulation in the public sector. This course will not consider other employment laws, employment litigation, or alternative dispute resolution procedures that are covered in other classes offered by the School of Law or the employee benefits class offered by the Graduate Tax Institute. This class requires no prerequisite course work.

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


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)

The law of the sea is governed by international law through norms, regimes, and treaties of which the United Nations Law of the Sea Convention (UNCLOS, 1982) is the most significant. We will examine the distribution of authority between flag states, coastal states and port states as laid out in UNCLOS and rights, obligations and jurisdiction of states in the oceans. Students will research the extent of monitoring and enforcement of laws of the seas.

The prominence of the law of the sea in international politics is witnessed today for example in the South China Sea and the Arctic Ocean. However, its importance has significant historic reasons which we examine with excerpts from a major legal work “ Mare Liberum – The Free Sea “ by Dutch jurist Grotius. This treatise was used as justification for the 1603 Dutch seizure in the Straits of Singapore of a Portuguese vessel carrying prized goods from the East for sale in Europe, and a defense of the freedom of navigation and of international trade.  

A study trip will also be planned to the Scripps Institution of Oceanography where scientists will illustrate the use and importance of nautical charts to the law of the sea, practical legal issues related to marine research in the oceans, and the tracking of marine cross-border pollution.


Legal Writing & Research II (LWAA546)

Instructor(s): Staff

2 credit(s), Letter Graded

Legal Writing and Research (LWR) II introduces students to persuasive legal writing and oral argument. Through a series of assignments, students focus on the analytical, research, and writing skills required to produce effective legal briefs. Students are also trained in the art of oral advocacy and required to deliver an oral argument based on their legal briefs before a panel of attorneys. The course is offered in small sections with low student-faculty ratios so that faculty may provide individualized and frequent feedback on student work. Required for first-year students.


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.


Mediation Skills (LWLP556)

Instructor(s): Lisa Maxwell, Staff

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

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

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


Medical Malpractice (LWGC577)

Instructor(s): Dov Fox, Jonquil Whitehead

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

Welcome to The Anatomy of a Medical Malpractice Case for Physicians and Lawyers. Approximately 85,000 medical malpractice cases are filed throughout the United States each year. With medical technology and the practice of medicine constantly evolving, physicians and medical facilities are tasked with meeting higher standards of quality care. For many physicians, the potential for lawsuits cast a long shadow over the practice of medicine.

This class, taught by attorneys and including practicing physicians, will attempt to answer many questions about the realities of medical malpractice litigation in an interdisciplinary context. It will combine law students and medical residents learning together to enhance an understanding of their respective milieus. The course will examine what causes patients to seek out a lawyer after a complication; the frequency of lawsuits and costs associated with the current tort system; how the potential for litigation impacts physicians in their daily practice; and the dynamics of the various stages of litigation, from inception of the lawsuit through trial. Law students and medical residents will learn about the importance of the burden of proof and the “standard of care,” informed consent, documentation and communication with other healthcare providers, defensive medicine, the procedures for taking and defending expert depositions, how to prepare for trial, as well the practical realities and ramifications of settlement or verdict, including reporting to licensing and regulatory bodies.

The objective of the course will be to give law students the experience of handling a medical malpractice case from start to finish, including learning how to effectively represent a physician, take a deposition, and prepare for trial. For medical residents, this course will provide insight into the legal field, aid in the understanding of the mechanics of a lawsuit, and provide a practical understanding of how the legal system actually functions.


Mergers & Acquisitions (LWBC570)

Instructor(s): Caley Petrucci

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

This course will examine selected economic, corporate law, and securities law aspects of the acquisition of businesses. Topics covered will include some basic (and necessary) corporate finance theory (such as valuation, efficient capital markets, event studies and option pricing theory); empirical evidence on the social costs and benefits of acquisition activity; the structuring of friendly and hostile acquisitions; the corporate law of takeover defenses; and securities law regulation of acquisition transactions. Some accounting and tax law topics may be touched upon, but they will not be a major focus of the course. Some effort will be made to examine drafting and negotiations aspects of M&A transactions. Students with substantial background in related areas may take Corporations concurrently, with permission. There will be a final exam in the class.


Multistate Bar Exam Review (in person section) (LWGC576)

Instructor(s): Ted Sichelman

4 credit(s), Letter Graded

The MBE is given as part of the bar exam in nearly all U.S. jurisdictions. USD has licensed every published MBE question from previous examinations. Students in this course will take these MBE questions each week using customized online software (also accessible from tablets and smartphones), which tracks each student’s strengths and weaknesses in every substantive area of the bar exam (constitutional, criminal, real property, torts, contracts, evidence, and civil procedure). The online software will provide real-time review material for each area of the law. Each in-class session will cover test-taking techniques and the substantive law for one of the seven areas of law. Clickers are used to answer questions and provide immediate feedback to students. Please note that BARBRI, Kaplan, and most other bar exam review courses do not provide access to all of the previously released real exam questions from the MBE. As such, the questions in this course will not be the same as most of the questions that are provided in commercial summer bar preparation courses. Students must complete each week MBE questions in the required online modules (approximately 5-8 hours per week of work). The final grade will be based on two midterms and a final (plus timely completion of the weekly exams is necessary to pass the course).

Note:

Only students planning to graduate in May or December of 2024 may register for the course.


Multistate Bar Exam Review (online format) (LWGC576)

Instructor(s): Michael Brooks

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.

Note:

Only students planning to graduate in May or December of 2024 may register for the course.


Native American Law (LWPP567)

Instructor(s): Angela Medrano

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

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.


Negotiation (LWLP560)

Instructor(s): Virginia Nelson, Susan Hack

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), Intellectual Property 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 Business and Corporate Law Concentration (JD), Civil Litigation Concentration (JD), Employment and Labor Law Concentration (JD) web pages for more information.
Additional Information: Business and Corporate Law Concentration, Civil Litigation Concentration


Professional Responsibility (LWAA580)

Instructor(s): Robert Muth, Kimberly Gosling

3 credit(s), Letter Graded

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


Property (LWAA530)

Instructor(s): Staff

4 credit(s), Letter Graded

Consideration is given, in both a historical and modern sense, to the rights and obligations that arise out of the legal ownership of possessory and non-possessory interests, tangible, and to a limited extent, intangible, personal, and real property. Areas covered include estates in land, landlord-tenant, conveyancing, land development, public and private control of land use, non-possessory rights in land, bailments, lost and misplaced property, gifts, and an introduction to gratuitous transfers of realty.


Public Interest Law Clinic (LWVL544)

Instructor(s): Marcus Friedman

1-3 credit(s), H/P/L/F Graded
Requirement(s): Experiential
Concentration(s): Environmental and Energy Law (JD), Health Law (JD), Public Interest Law (JD), Environmental and Energy Law (LLMUS), Environmental and Energy Law (LLMG)

Students who enjoy Public Interest Law and Practice frequently go on to take Public Interest Law Clinic, in which they may design their own writing or advocacy project related to regulatory or public interest law. In the past, these projects have included written critiques of agencies or agency programs; petitioning an agency to adopt regulations; drafting model legislation; participating in litigation to enforce the state\'s sunshine statutes; or submitting amicus curiae briefs on public interest issues pending appeal. Student critiques of publishable quality may satisfy USD\'s written work requirement. Students interested in Public Interest Law Clinic must secure a permission slip prior to pre-registration from Professor Julie D\'Angelo Fellmeth at CPIL\'s offices. The clinic is graded on a 4-tier Pass-Fail basis.

Note: There are limitations on JD concentration eligibility. Please check the Environmental and Energy Law Concentration and Health Law Concentration web pages for more information.
Additional Information: Environmental and Energy Law Concentration, Health Law Concentration


Public International Law (LWIC575)

Instructor(s): Frederick Heller

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 law (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.
Public international law is behind most of today’s headline news. The class will
devote significant attention to current geopolitical problems in order to understand
the role public international law plays. Topics may include 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 decision of the World Court challenging the right of the UK and US to their
military outposts in the Indian Ocean.


Real Estate Transactions (LWBC577)

Instructor(s): Chris Wonnell

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

This course covers the practical aspects of real property transactions, both residential and commercial. Topics include purchase & sale transactions, escrows, title insurance, options, deeds and title issues, leases, basic financing transactions, brokers and agents, and applicable documents. The course builds on the broader conceptual concepts covered in the Property course, and examines the application of those concepts used by practitioners in advising their clients in transactions.


REITs (LWTE550)

Instructor(s): Shane Shelley

1 credit(s), Letter Graded
Concentration(s): Business and Corporate Law (JD), Business and Corporate Law (LLMUS), Taxation (LLMUS), LLM in Taxation (LLMT), Business and Corporate Law (MSLS), Taxation (MSLS)
Prerequisite(s): Completed or concurrent enrollment in Tax I

In this course, we take an in-depth look at the U.S. federal income taxation of “real estate investment trusts” (“REITs”) and related real estate transactions, including: the history and purpose of REITs; the primary tax requirements applicable to REITs; the structure of common REIT transactions, including “UPREIT” formations, real estate contributions and M&A transactions; and the use of REITs by private investment funds. Classwork and course materials will incorporate a close review and analysis of multiple sources, including the Internal Revenue Code and related authorities, the SEC filings of publicly traded REITs and examples of contractual agreements related to REIT transactions. This class runs for seven weeks.  Grades will be based on a final exam.


Remedies (LWLP570)

Instructor(s): Staff

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

Legal and equitable remedies under statutes and the common law are examined and compared. The course focuses on methods of evaluating alternative remedies and arguing for or against their creation or use in a given case. The course objective is to enable the student not only to identify all available remedies but also to choose the preferred remedy from among them. The principal subjects covered are equity, restitution and damages.

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


Scientific Evidence (LWCR570)

Instructor(s): Staff

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

This course will address the technical requirements under California law for admissibility of both established and new forms of scientific evidence. Possible topics include fingerprints, serology, odontology, DNA and others. Students will apply the principles of admissibility by participating in realistic foundational hearings in the classroom, and will present papers on specific forms of scientific evidence. 


Sports and the Law (LWBC585)

Instructor(s): Staff

2 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 will address the often unique manner in which the law applies to the business of sports. We will study the law relating to player contracts, antitrust, sports leagues and commissioners, agents, sports venue management and the unique issues raised by college sports.  It will also provide students with broad knowledge of the business practices at the core of sports. 

Adjunct Law Professor Caroline Perry, Chief Operating Officer of the San Diego Padres and formerly the team's Executive VP for Business Administration and General Counsel, is teaching this course. Ms. Perry was recently honored by the Sports Business Journal as a 2023 Game Changer. She brings a wealth of experience to this dynamic area of law. 


State and Local Taxation (LWTE552)

Instructor(s): Michelle Layser

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


State Income Tax Clinic I (LWVL560)

Instructor(s): Mengjun He

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

This tax litigation clinic, also known as the "Tax Appeals Assistance Program (TAAP) - Franchise and Income Tax”, is a joint effort between the USD Legal Clinics and the Taxpayer Rights Advocate Office at the Franchise Tax Board (FTB). Under supervision of an attorney from the FTB’s Taxpayer Rights Advocate Office, students assist taxpayers with state income tax appeals before the Office of Tax Appeals (OTA) against FTB. Students receive legal practice and skills training, including identifying legal issues, conducting tax research, communicating with clients, gathering and identifying evidence, drafting legal briefs, and representing clients/taxpayers in negotiations with the FTB and at oral hearings before OTA.

Note:

This is a virtual course.


State Income Tax Clinic II (LWVL561)

Instructor(s): Mengjun He

1-4 credit(s), H/P/L/F Graded
Requirement(s): Experiential
Concentration(s): Taxation (LLMUS), LLM in Taxation (LLMT)

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.

Note:

This is a virtual course.


State Sales & Use Tax Clinic I (LWVL562)

Instructor(s): Staff

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

This clinic is a joint effort between USD Legal Clinics and the California State Board of Equalization (BOE). Under the supervision of an attorney from the BOE’s Taxpayers\' Rights Advocate Office, students will represent clients who are appealing California Sales and Use Tax determinations (tax bills). Students will have the opportunity to gain practical legal skills including client interview and counseling, evidence gathering, preparing legal briefs, and actual negotiation with auditors and attorneys. Furthermore, when necessary, students will have the opportunity to represent clients in a litigation setting at Appeals Conferences (informal hearings) and Oral Hearings (similar to court trials).

Note:

This is a virtual course.


State Sales & Use Tax Clinic II (LWVL563)

Instructor(s): Staff

1-4 credit(s), H/P/L/F Graded
Requirement(s): Experiential
Concentration(s): Taxation (LLMUS), LLM in Taxation (LLMT)

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.

Note:

This is a virtual course.


Tax I (LWAA590)

Instructor(s): Miranda Perry Fleischer

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

Tax I provides students with an understanding of the basic principles of federal income tax, including gross income, deductions, tax accounting, capital transactions, and income shifting. Required for upper-class students.

 


Tax Litigation (LWTE565)

Instructor(s): Mistala Cullen

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

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


Tax Research (LWTE570)

Instructor(s): Dennis Lilly

2 credit(s), Letter Graded
Requirement(s): Writing
Concentration(s): Business and Corporate Law (JD), Taxation (LLMUS), LLM in Taxation (LLMT), 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 Financial Instruments - NEW course (LWTE557)

Instructor(s): Beth Wapner

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

Taxation of Financial Instruments analyzes the U.S. Federal taxation of both traditional stocks and bonds transactions as well as derivatives, such as options, forward contracts and swaps. The course explains the complex rules that govern interest and time value of money, wash sales, hedging transactions and holding and trading foreign currencies.


Trade Secrets (LWIP575)

Instructor(s): Shawn Miller

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

This course provides an introduction to trade secret law. Subjects include the definition of trade secrets, the means by which trade secret protection is distinguished from copyright and patent law, and issues in enforcing trade secret protection. We will study the federal Defend Trade Secrets Act, the Uniform Trade Secrets Act, and California trade secrets law, as well as the relationship between trade secrets protection and California's policy against enforcing non-compete agreements. 


Trademark Prosecution - NEW course (LWIP582)

Instructor(s): Staff

3 credit(s), Letter Graded
Requirement(s): Experiential OR Writing
Concentration(s): Intellectual Property (JD), Intellectual Property (LLMUS), Intellectual Property Law (LLMG), Intellectual Property Law (MSLS)
Prerequisite(s): IP Survey or Trademark Law

This course will provide students with practical, hands-on trademark prosecution skills. Students will learn how to file a trademark application with the United States Patent & Trademark Office (“USPTO”), maintain a trademark registration, defend a trademark registration/application, and advise clients on branding strategy. These skills will be taught through in-class demonstrations and assignments that include (i) conducting and analyzing trademark searches, (ii) filling out a trademark application, (iii) responding to various types of office actions, (iv) drafting an appeal to the Trademark Trial and Appeal Board(“TTAB”), and (v) reviewing post-registration filings and requirements.  Students will also sharpen their communication skills by interfacing with hypothetical clients who come to the student for brand strategy and trademark advice.  The grade in this class will be based on writing assignments and the student’s in-class participation.


Transactional IP - NEW Course (LWIP590)

Instructor(s): Joni Laura

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

Transactional IP is a comprehensive course designed to provide students with a deep understanding of the legal, commercial, and strategic aspects of intellectual property (IP) management and transactions. This course delves into the intricacies of IP rights, their creation, protection, licensing, and transfer, equipping students with the knowledge and skills required to navigate the complex world of intellectual property in the business and legal landscape.

By the end of this course, students will have acquired the skills and knowledge to:

  • Identify, protect, and manage intellectual property effectively.
  • Draft and negotiate IP licensing agreements.
  • Evaluate the value of intellectual property assets.
  • Understand the global context of intellectual property transactions.
  • Navigate legal and ethical challenges in the IP domain.

This course is essential for students pursuing careers in law, business, technology, or any field where intellectual property plays a pivotal role. Whether you aspire to be a lawyer, entrepreneur, or corporate executive, Transactional IP will equip you with the expertise needed to thrive in a world driven by innovation and intellectual property.


Transfer Pricing (LWTE584)

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 thorough study of the fundamental and practical concepts of “transfer pricing,” from U.S. and international perspectives. Transfer pricing is one of the most significant tax issues for multinational enterprises with international operations. It attracts the scrutiny of tax authorities worldwide and continues to draw attention of multiple countries’ tax legislatures. The course first analyzes the fundamental methods by which income and other items are affected – often with major financial impact - through MNE “controlled” transactions. The basic analytical framework involve critical analysis of U.S. Code provisions, Treasury Regulations, other administrative materials and important judicial decisions. These U.S. provisions are compared to other comprehensive, consensus-type guidelines, such as the recent OECD Guidelines. Practical strategies are discussed in terms of proactive strategies for resolving and avoiding cross-border disputes involving transfer pricing. Topics include allocations and apportionments of income, deductions, credits and allowances; the “arm’s length” standard and its alternatives; BEPS (base erosion and profit shifting); economic double taxation; Treaty mechanisms such as MAP (mutual agreement procedures); TIPs (taxpayer-initiated adjustments) and compensating adjustments; general legal principles and apportionment methods, including the judicial doctrines of assignment of income, the economic substance doctrine, fruit-tree, and other matters; methods to determine “true” taxable income in “controlled” transactions involving tangible and intangible property, services, and intercompany financing; relevant U.S. customs rules; tax penalties and relevant forms, including country-by-country reporting; tax planning and compliance efforts; and relevant comparisons of international transfer pricing rules within particular contexts. Grades will be based on a written exam which includes true false questions, multiple choice, and a hand-graded essay,

Note: This course is open to LLM and JD levels.


Trial Advocacy - Civil (LWLP550)

Instructor(s): Linda Lane, Staff

3 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 on civil or criminal trials. The course also includes developing skills used in the discovery phase of civil cases, especially depositions. The course is specifically designed to expand the skills introduced to the student in Legal Research & Writing. The course methodology combines lectures, demonstrations and individual student performances in small groups with extensive critique and feedback by small group instructors who are experienced practitioners. The course culminates in a mock trial. The course is graded on a 4-tier Pass/Fail basis. 

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


Veterans Clinic I (LWVL580)

Instructor(s): Robert Muth, Christopher William Turnbow, Alison Brown

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

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


Veterans Clinic II (LWVL581)

Instructor(s): Robert Muth, Christopher William Turnbow, Staff

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

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


Women's Legal Clinic I (LWVL583)

Instructor(s): Meredith Levin

2-4 credit(s), H/P/L/F Graded
Requirement(s): Experiential
Recommended Class(es): Family Law, Human Trafficking

Students gain practical training and real world experience through representation of individual clients on a variety of legal issues. The clinic will initially serve the family law needs of survivors of human trafficking in a variety of representative matters including: domestic violence restraining orders, child custody, and dissolution. Students provide advice, identify potential legal issues, and in some cases are able to advocate for clients in court proceedings. Weekly class seminar meetings are combined with individual case conferences to provide intensive personal training in litigation techniques, legal strategy, case management and client-centered lawyering. The classroom component also includes an overview of applicable law and procedure necessary to assist clients in family law matters. Recommended: Family Law, Human Trafficking. The clinic is graded on a 4-tier Pass-Fail basis.


Women's Legal Clinic II (LWVL584)

Instructor(s): Meredith Levin

1-4 credit(s), H/P/L/F Graded
Requirement(s): Experiential

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


Workers Rights Clinic II (LWVL585)

Instructor(s): Maria Tapia-Hernandez

1 credit(s), H/P/L/F Graded
Requirement(s): Experiential
Concentration(s): Employment and Labor Law (JD), Employment and Labor Law (LLMG)

In cooperation with San Francisco’s Legal Aid Society-Employment Law Center, the Workers’ Rights Clinic trains law students in practical skills in employment and labor law, while providing free legal advice to low-income workers in San Diego County. Class includes instruction in labor and employment law, followed by on-site client interviews and advice. Interns, along with the supervising attorney, analyze the client’s situation, identify legal issues and determine what remedies the client might pursue. Students then discuss the findings with the client, who has the option of returning for further advice. Students may also have an opportunity to represent clients in Unemployment Insurance hearings in administrative court. The clinic is graded on a 4-tier Pass-Fail basis.  The spring clinic is for continuing students. 


Workers' Rights Clinic I & II (LWVL585)

Instructor(s): Maria Tapia-Hernandez

1 credit(s), H/P/L/F Graded
Requirement(s): Experiential
Concentration(s): Employment and Labor Law (JD), Employment and Labor Law (LLMG)

In cooperation with San Francisco’s Legal Aid Society-Employment Law Center, the Workers’ Rights Clinic trains law students in practical skills in employment and labor law, while providing free legal advice to low-income workers in San Diego County. Class includes instruction in labor and employment law, followed by on-site client interviews and advice. Interns, along with the supervising attorney, analyze the client’s situation, identify legal issues and determine what remedies the client might pursue. Students then discuss the findings with the client, who has the option of returning for further advice. Students may also have an opportunity to represent clients in Unemployment Insurance hearings in administrative court. The clinic is graded on a 4-tier Pass-Fail basis.

 


Youth Law (LWFC546)

Instructor(s): Jessica Heldman

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

The course examines practice and procedure in 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/or  endanger their children, triggering state intervention. In addition to a casebook, the course will utilize class speakers, films, field trips–pandemic allowing, practice-oriented writing, and simulation,  to teach the lawyering skills required in the juvenile courts.

Note:

Please note this class has been renamed - it used to be named Juvenile Law.

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