Spring 2008 Course Descriptions

First Year Required

CIVIL PROCEDURE II

3 credits
Civil Procedure is the study of procedural rules governing civil actions in state and federal courts. The topics studied throughout the year include selection of the proper court and place for litigation, jurisdiction over the parties, joinder of parties and claims, contents of pleadings, discovery, pre-trial motions, conduct of trials, and conflicts between state and federal judicial systems.

CONSTITUTIONAL LAW I

4 credits
The study of 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 - in particular the tax, treaty, war and commercial powers. In addition, the various limitations imposed on the exercise of governmental power, with emphasis on the due process clauses and on freedoms of speech, press, and religion and the Bill of Rights are addressed in this course.

CONTRACTS

4 credits
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. Required for first-year students.

CRIMINAL LAW

4 credits
The purpose of criminal law, the development of the common law of crimes, the elements of the widely recognized criminal offenses, and the changes brought about by major statutes in connection with their effect on the present-day systems of criminal justice in the United States are explored in this course. Required for first-year students.

TORTS

4 credits
An exploration of the principles involved in determining whether an injured person should be compensated for harm caused by another, including such diverse topics as intentional harms, negligence, and strict liability. Required for first-year students.

LAWYERING SKILLS I

1 credit
This course is offered in small sections with very low student-faculty ratios. Faculty carefully review each student's writing assignments and students are provided many opportunities to revise their work. Students do their research assignments at the Law School's state-of-the-art Legal Research Center. In addition, each student is trained on both the Westlaw and Lexis computer-assisted legal research systems. Students are also carefully trained in oral advocacy skills. After writing an appellate brief, each student delivers an oral argument based on the brief, first for the instructor and then before a panel of attorneys. Required for first-year students.

Upper Class Required

CIVIL PROCEDURE II (Schwarzchild)

3 credits
Civil Procedure is the study of procedural rules governing civil actions in state and federal courts. The topics studied throughout the year include selection of the proper court and place for litigation, jurisdiction over the parties, joinder of parties and claims, contents of pleadings, discovery, pre-trial motions, conduct of trials, and conflicts between state and federal judicial systems.

PROFESSIONAL RESPONSIBILITY (Strong, Peck)

3 credits
This course explores the law and ethics of lawyering, with special attention to the disciplinary rules of the profession.  Topics include the sources of professional regulation, the protection of confidential information, the limits of partisanship, conflicts of interest, the lawyer-client relationship, and access to legal services.  Required for upper-class students.

TAX I (Burke)

3 credits
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.

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Upper Class Electives

ADVANCED CORPORATE TAX PROBLEMS (Shaw)

2 credits
A series of planning and structural problems involving advanced issues in corporate taxation will be discussed. The topics to be covered include advanced corporate asset disposition and distribution problems; redemptions; stock transfers and dividends; collapsible corporations; accumulated earnings tax; personal holding companies and S corporations. Prerequisite: Tax II (Corporate Tax). This is an advanced tax course with priority enrollment for LL.M. in Taxation students.

ADVANCED CORPORATE LAW SEMINAR (Dallas)

3 credits
This seminar explores current issues in corporate law arising from globalization and Enron and other financial scandals. It explores the influence of politics, economics and culture on corporate statutes, case law, international standards of conduct and rules of the Securities Exchange Commission and self-regulatory entities. The seminar covers such issues as the theory of the firm, corporate social responsibility, regulation of boards of directors and board committees, the role of independent directors, the nature and extent of director and officer fiduciary duties, the impact of institutional investors on corporate governance, tender offers, going private transaction, proxy access, executive compensation including stock options, the regulation of securities markets, the Sarbanes-Oxley Act passed in response to Enron, and comparative corporate law issues focusing on such nations as Japan, Germany and China. The students are expected to prepare a paper on a U.S. or comparative corporate law topic. Prerequisite: An introductory course on U.S. or foreign corporation law.

ADVANCED LEGAL WRITING (Sperow)

1 credit
Advanced Legal Writing is a new one-unit course specifically designed to help students strengthen their fundamental legal writing skills. The class will help students master the skills needed to be a good legal writer, including: Selecting active and powerful word choices; Constructing paragraphs;Using proper grammar and punctuation; Creating a strong micro and macro legal structure; Developing thesis and conclusion sentences; Issue spotting;Extracting, formulating, and synthesizing rules of law;   Crafting explicit factual comparisons; and  Revising, editing and perfecting their work product. The class will also include workshops on “The Secrets of Successful Legal Writing Students” and “How to Ace Your Final & Bar Exam Essays.” Students will learn through lecture, in-class exercises, outside-class exercises, workshops, one-on-one TA and Professor sessions and practice. The class requires NO OUTSIDE RESEARCH. It will be graded HP, P, LP and F.  Students interested in taking this course need pre-approval from the professor.  

ADVANCED SECURITIES REGULATION (Krause)

3 credits
The Advanced Securities Regulation class will cover the 1934 Securities Exchange Act and related regulations.  This Act primarily covers the rules relating to the trading of securities.  It regulates the securities markets, and various market participants such as stock brokers.  It also provides the rules for federal securities litigation.  The course will also cover proxy rules, tender offer rules, insider trading, mutual funds, state law issues, and SEC enforcement actions. Corporations is recommended but not required.

ADVANCED TRIAL ADVOCACY (Snyder, A)

3 credits
A course combining one hour per week of demonstrations and lecture with a two hour per week workshop involving critique of individual student performances in a number of the more difficult areas of trial practice. Students are videotaped throughout the semester with feedback from instructors, practitioners and peers. In additions to the weekly problems, students perform at least one practice trial and a final trial. This is an intensive course designed to focus on individual presentation skills. Prerequisites: Lawyering Skills II and Evidence. Enrollment is limited. Students are graded by the standard letter grading system.

ALTERNATIVE DISPUTE RESOLUTION (Schulman)

2 credits
This course will provide an introduction to the burgeoning field of alternative dispute resolution (ADR). Arbitration agreements are increasingly common in employment and consumers contracts and in many professional service provider relationships. When disputes arise are mandatory arbitration clauses enforceable. Does ADR favor employers/business interests or does it benefit employees/consumers? The course will provide an overview of the primary dispute resolution processes -- negotiation, mediation, and arbitration. We will examine the theoretical underpinnings of the movement to ADR and the legal issues arising in the ADR context.

ANTITRUST (Mogin)

3 credits
This course presents an overview of antitrust law and competition policy, including historical, political and economic background and development of statutes and case law, collusion and cartels, price fixing, market allocation, group boycotts, monopoly, predatory pricing, oligopoly, price leadership, resale price maintenance, tying, exclusive dealing, discriminatory pricing, horizontal mergers, joint ventures, trade associations, intellectual property and antitrust, California antitrust law and exemptions and immunities. Practical litigation and counseling subjects will also be included.
LL.M. in Comparative Law students should have completed U.S. Law and Lawyering Skills. Suggest some academic or practical experience in business or economics, civil procedure and evidence. Reading assignments can be heavy due to the class schedule and subject matter. Students are required to complete 3 ungraded drafting assignments; each of which should take less than 1 hour.

BANKRUPTCY (Giacinti)

3 credits
This course will provide an examination of the liquidation and reorganization cases under the Bankruptcy Code, and the effects of bankruptcy on non-bankruptcy debtor-creditor law and pre-bankruptcy transactions. The objective of this course is to give students a working familiarity with the Code and associated rules, cases and folklore; an understanding of the policies reflected in and relevant to bankruptcy law; and an appreciation of the bankruptcy practice. There are no course prerequisites. However, the scheduling of the course on Article 9 Secured Transactions and/or the Creditors Remedies course before, or along with, the Bankruptcy course, while not required, is suggested.

BIOTECH PATENT LAW (Mullen)

2 credits
This course provides students with practical guidance for preparing and prosecuting patent applications directed to biotechnology-related subject matter.  Particular attention is directed to understand the intersection of the patent law and unique commercial aspects of biotechnology-related inventions.  While at least a general understanding of the basics of the biological sciences will be helpful, technical or scientific expertise in biology or chemistry is not a prerequisite for the class.  Successful completion of Patent Law is suggested, but also not required.

BUSINESS IMMIGRATION LAW (Leibl)

2 credits
The objective of this course will be to focus on the business immigration issues and concepts. The course will be taught from a practitioner's standpoint using a case study teaching method with a goal of teaching the students how to spot, address and solve clients' immigration issues. The course will also address policy issues governing the movement of people and employees internationally.

BUSINESS PLANNING (Friedman)

3 credits
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. A research paper is required. Prerequisites: Tax I and Corporations. Priority for this course will be given to graduating students.

BUSINESS TORTS (Horton)

3 credits
Business Torts is a three-credit upper-division course that surveys the main common-law tort claims, defenses, and remedies, as well as sampling various statutory claims and remedies associated with non-criminal commercial litigation.  Topics include conversion, unfair competition, interference with contract, injurious falsehood, trade secret misappropriation, misrepresentation, deceptive advertising, and Civil RICO.  Students are encouraged to take Business Torts prior to or while they are taking such courses as trademarks, antitrust, securities litigation, intellectual property, employment law, and creditors' remedies.  At the instructor's option, the course grade may be based in whole or in part on a paper.

BUSINESS TRANSACTIONS IN THE PEOPLE'S REPUBLIC OF CHINA (Folsom)

3 credits
A research paper seminar focused on the Chinese legal system and international business transactions with the PRC. Topics will include import/export transactions, international trade regulation, licensing, counterfeiting and intellectual property rights, foreign investment and business dispute settlement. A research paper will be required.

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CLIMATE CHANGE LAW & POLICY (McAllister)

2 credits
This course explores the most significant law and policy issues related to climate change.  In the first part of the course, students will gain familiarity with the science of climate change as well as climate change law at the international and national levels. The second part of the course focuses on climate change litigation, with close study of the various legal theories used by litigants attempting to force the government to take stronger regulatory action.  The third part of the course concentrates on initiatives at the state and regional level with an emphasis on California climate change policy.  This class is cross-listed with UCSD's School of International Relations & Pacific Studies (IR/PS) and will be held during the 10 weeks of the spring semester that correspond with UCSD's winter quarter (the weeks of January 7 through March 10). Maximum enrollment is 30 students, with spots reserved for 15 USD law students and 15 UCSD graduate students.

CONSTITUTION AND THE INTERNET (McKeown)

1 credit
This course will focus on the constitutional implications of the Internet. The course will explore national and international jurisdiction, speech in cyberspace, pornography, privacy, copyright, and other selected topics. Course materials will include recent landmark cases and law review articles. No textbook will be used. A short research paper is required. A longer paper option is available to fullfill the law school written work requirement. Class meets on January 7 &14, February 4 & 25 and March 3 & 10. Constitutional Law I is a prerequisite.

CONSTITUTIONAL HISTORY (Rappaport)

3 credits
This is a class in United States constitutional history.  The focus will be on the drafting and ratification of the Constitution, the Civil War, and Reconstruction.  The class will also cover historical disagreements over constitutional clauses and disputes concerning the original meaning of constitutional provisions.  These subjects include: the foreign affairs powers of the President and the Congress, the First Amendment, the Ninth Amendment, the war powers of the President and the Congress, secession, the legality of the Civil War Amendments, the Privileges and Immuities Clause, the Equal Protection Clause, and the 14th Amendment as it relates to Brown v. Board Education.

CONSTITUTIONAL LAW II (Schwarzschild)

3 credits
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. A final exam is required. Prerequisite: Constitutional Law I

CONTEMPORARY WATER LAW ISSUES (Minan)

3 credits        
This three-hour seminar on contemporary water issues is intended to introduce students to the major legal doctrines and contemporary issues affecting water supply, water quality, and water use.  Although the principle focus is on California water law, the role of federal law is also examined.  A research paper is required in lieu of an examination.   Students are expected to select a topic of interest to them, to develop a focused expertise by writing on that topic, and to present their analysis to the class at the end of the semester.  Students wishing to preview the substantive materials to the seminar should go to http://www.sandiego.edu/~jminan and click on the water law link.   The class has a limited enrollment of 15 students. 

COPYRIGHT LAW (Henning)

3 credits
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.  

CORPORATE FINANCE (Partnoy)

3 credits
This course covers the core concepts of finance as they relate to the study and practice of law. Topics include financial statement analysis, capital budgeting, valuation of stocks and bonds, risk management, portfolio theory, derivatives, and corporate financial management. The course includes quantitative concepts and exercises, and students are required to use a spreadsheet program, such as Microsoft Excel. Prerequisite: Corporations

CORPORATE REORGANIZATION (Ferguson)

2 credits
This course considers the tax treatment of corporations and shareholders in corporate acquisitive reorganizations, single corporation reorganizations and corporate divisions, including carryovers. Tax II is recommended but not required. Prerequisite: Tax I and Corporations: Tax II is recommended but not required. This is an advanced tax course with priority enrollment for LL.M. in Taxation students.

CORPORATIONS (Friedman, Wonnell)

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

CRIMINAL PROCEDURE I (Kamisar)

3 credits
This course deals with pre-trial matters, as affected by the fourth, fifth, and sixth amendments. Coverage will include arrest, search and seizure, right to counsel, electronic surveillance, police interrogation and confession, and the exclusionary rules.

CRIMINAL PROCEDURE II (Huffman)

3 credits
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. Students will be permitted to choose to submit a paper or to take a final examination for the course grade. Prerequisites: Criminal Law and Criminal Procedure I.

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EMPLOYMENT DISCRIMINATION (McGowan, M.)

3 credits
This general survey course of employment discrimination laws will focus on primarily the federal anti-discrimination laws prohibiting employment discrimination based on race, sex, pregnancy, national origin, age, sexual orientation. (We will also discuss the California Fair Employment and Housing Act's protections when they diverge from federal law. The Americans with Disabilities Act will not be a primary area of study.) This course gives students an opportunity to think about the meaning and practice of discrimination, to analyze 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.

ENVIRONMENTAL LAW (McAllister)

4 credits
This survey course addresses the principles that govern federal environmental law, including the respective roles of the courts, state and federal agencies, and citizen groups.  Environmental statues covered include: The National Environmental Policy Act, Endangered Species Act, Clear Air Act, Clean Water Act, Resource Conservation and Recovery Act and Comprehensive Environmental Response, Compensation and Liability Act (Superfund).   

ENVIRONMENTAL LAW SEMINAR (Richardson/Waterman)

3 credits
This course will cover major federal legislative initiatives in the environmental field, including the Clean Air Act, the Clean Water Act, the Resource Conservation and Recovery Act, and the Comprehensive Environmental Response, Compensation and Liability Act (“Superfund”). We will analyze the constitutional underpinnings of these statutes and explore related issues including citizen suit provisions and the roles and relationships of federal, state, and local governments in the enactment and enforcement of environmental legislation. The course touches briefly on environmental rulemaking and multi-venue litigation addressing the relationship between federal statutes and state common law, as well as environmental insurance issues. No prerequisites necessary, final examination only. Course will be taught on select Saturdays to be announced at first class meeting.

ERISA & EMPLOYEE BENEFIT PLANS (Wolds)

2 credits
This course will consider Title I of the Employee Retirement Income Security Act of 1974, as amended, and its implications for employee benefit plan administration and litigation.  Attention will be devoted to fiduciary conduct, investment management concerns, reporting and disclosure rules, federal preemption of state laws, and employees benefit claim and fiduciary litigation. Tax I is a prequisite. LL.M. in Taxation students may take Tax I concurrently. This is an advanced tax course with priority enrollment for LL.M. in Taxation students.

ESTATE PLANNING (Lilly)

3 credits
The study of estate planning brings together in a practical, planning-oriented approach the knowledge gained from many courses to assist prospective lawyers in advising their clients how to arrange the most effective disposition of their capital and income. The income taxation of trusts and estates, the revocable trust, and the marital deduction are reviewed in detail. Differences between planning with separate property and community property are considered. This course is tax intensive and intended for students with a strong interest in tax law. Prerequisites: Tax I (Basic Federal Tax), Taxation of Wealth Transfers, and T&E: Wills & Trusts. This is an advanced tax course with priority enrollment for LL.M. in Taxation students.

EVIDENCE (Dripps, Ramirez)

4 credits
This course is about how facts can and must be proved in courts of law. The course gives a lot of attention to the Federal Rules of Evidence. Among the specific topics are: relevancy, circumstantial evidence, and unfair prejudice; "real" evidence; documents; scientific evidence. Much of the course is about the laws governing witnesses, including: competency, privileges, the law of examination and cross-examination, impeachment and reinforcement, expert and lay opinion testimony. The course also deals with the hearsay rule and its many wonderful exceptions.

FEDERAL COURTS (Law)

4 credits
This course is best described as advanced constitutional law focusing on the power of the federal courts, particularly with respect to the states and the other branches of the federal government. It is essential for anyone planning to clerk for a federal judge, or to perform public interest work in a variety of areas involving constitutional claims or governmental litigants. In practical terms, the materials concern who may bring suit in federal court, against whom, and under what circumstances. Specific topics include interpretation of Article III, justiciability (including standing and the "political question" doctrine), congressional power over the jurisdiction of the federal courts (including the extent to which civil rights suits and "enemy combatants" may be excluded from federal court), the immunities from suit enjoyed by state governments and public officials (such as police officers), and habeas corpus. Those interested may peruse Hart & Wechsler's The Federal Courts and the Federal System for a further indication of course content.  Prior completion of, or concurrent enrollment in, Constitutional Law II is very strongly advised. The course materials assume a working knowledge of due process, equal protection, and state actor doctrine.

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FEDERAL CRIMES (Rice)

2 credits
This course will focus on the unique characteristics of Federal Criminal law. Attention will be paid to the jurisdiction of the Federal Government over criminal law as well as the individual statutes that are employed by Federal prosecutors in prosecuting a wide range of offenses. Federal prosecutions will be considered from the investigative stage, including the use of the grand jury, through the charging, plea-bargaining, trial, sentencing and appellate stages. Special consideration will be given to the increasing role of the Federal Government in prosecuting state and local corruption. This course will be especially beneficial for those students considering a career in criminal law as either prosecutors or criminal defense lawyers.

FOREIGN RELATIONS LAW (Ramsey, M.)

2 credits
This course considers the legal constraints on the exercise of U.S. foreign relations through an examination of historical and contemporary events, including the developing controversies involved in the 'War on Terrorism.' Topics include constitutional authority and separation of powers; war powers; executive authority in foreign affairs, including executive detentions; treaty-making power; the role of Congress, the states and courts in foreign affairs; and the relationship between international law and constitutional law. The grade will be based on class participation, a presentation and a research paper.

HIGH TECHNOLOGY START-UPS (Formerly Structuring Entrepreneurial Transactions) (Smith, T.)

2 credits
This course covers the legal principles and some of the tax law applicable to a series of interesting, complex, and current entrepreneurial transactions, utilizing venture capital or private equity financing.  The course will cover, time permitting, as many as possible of the following: (1) a new business start up (with emphasis on high technology sectors); (2) a growth equity investment in an existing business enterprise; (3) a leveraged buyout of a private or a public company (including a going-private transaction); (4) use of a flow-through tax entity such as an S corporation, a partnership, or an LLC, for a variety of venture capital or private equity financed transactions; (5) devising an exit scenario for the successful venture capital or private equity financed enterprise (such as IPO, SEC rule 144 sales, or sale of the company); and (6) forming a new venture capital, LBO, or private equity fund. Substantive subjects touched upon include federal income tax, securities regulation, corporate law, partnership law, LLC law, bankruptcy law, fraudulent conveyance law, and other legal doctrines and accounting rules and practical structuring issue relevant to entrepreneurial transactions (including use of common and preferred stocks, convertible debentures and convertible preferred, warrants, and options). The course reviews these in a transactional context and may also consider to some extent their policy underpinnings and likely future evolution. Corporations is a prerequisite. Introductory Income Tax is recommended, and Taxation of Corporations is desirable, as are Securities Law, and Corporate Finance, and related courses.

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INCOME TAXATION OF TRUSTS AND ESTATES (Harris)

3 credits
The federal income taxation of trusts, estates, and their beneficiaries; distributable net income; distribution deductions for simple and complex trusts and estates; grantor trusts; income in respect of a decedent; and throwback rules. Prerequisites: Both Tax I and T&E: Wills & Trusts. This is an advanced tax course with priority enrollment for LL.M. in Taxation students.

INTELLECTUAL PROPERTY SEMINAR: CURRENT ISSUES IN INTELLECTUAL PROPERTY (Ramsey, L.)

3 credits
This advanced seminar is intended for students interested in cutting-edge intellectual property law.  We will discuss pending intellectual property cases and proposed legislation and explore currently unresolved issues in copyright, patent, and trademark law.  Students are required to write a research paper and present that paper to the class during the second half of the semester.  The grade will be based on the paper, presentation, and class participation; there is no final examination.  Prerequisite: Completion of an intellectual property survey course or at least one other intellectual property course (copyright, patent, or trademark), or the consent of the instructor.  Enrollment limit: 15 students.

INTERNATIONAL ARBITRATION (Page)

2 credits
This is an introduction to arbitration in general and international arbitration in particular. The course will be taught from the perspective of a lawyer with international clients who practices (or hopes to practice) in California. That lawyer will need to know about: (1) the advantages and disadvantages of arbitration, (2) the legal framework for domestic and international arbitration, (3) the drafting and enforceability of the agreement to arbitrate, (4) choice of administering institution and the arbitration rules, (5) selection of the arbitration panel, (6) conduct of the arbitration hearing, and (7) enforceability of the final arbitration award. The course materials will be a recent casebook on "International Commercial Arbitration" and a statutory supplement.

INTERNATIONAL ENVIRONMENTAL LAW SEMINAR (Stewart)

INTERNATIONAL HUMAN RIGHTS (Vargas)

2 credits
The course will look at contemporary and treaty law for the promotion and protection of human rights. In addition to reviewing the substantive rights protected by international law, attention will be given to the major global and regional systems currently functioning: the UN, the European, American, and African. A research paper will be required.

INTERNATIONAL INTELLECTUAL PROPERTY (Ramsey, L.)

3 credits
This course examines international protection of trademarks, patents, copyrights, and related rights.  We will discuss the relevant treaties, international agreements, and dispute resolution systems in international intellectual property law, and cover aquisition and enforcement of intellectual property rights in foreign markets. Prerequisite: Completion of an intellectual property survey course or at least one other intellectual property course (copyright, patent, or trademark), or the consent of the instructor . The grade will be based on a final examination.

INTERNATIONAL INVESTMENT: Legal Issues in the US and Abroad (Forry)

3 credits 

International businesses and other investors, whether investing in the US from abroad or investing abroad from the US, encounter special legal and tax rules.  This course focuses on such rules in the US and selected foreign countries by way of examples. 

Topics include general regulatory and tax regimes for foreign investors, as well as rules and planning for specific cross-border activities such as: real estate investments; licensing and importing from abroad; establishing a new local business enterprise; acquiring a local corporation from abroad; using a local business as a base for further international operations; portfolio investments from abroad in local stocks and other securities; immigration and tax planning for foreign individuals; local activities by foreign governments and government-owned businesses; and reporting requirements for international investors.

Early in the course, students are assigned to teams.  Each team is provided with a brief case study proposing certain of the cross-border activities covered in the course.  In the final sessions of the course, each team makes a presentation covering the key issues of its case study.  In addition, each student’s course grade may be increased (but not decreased) based upon classroom performance by one grade level (e.g., from B to B+).
One or more previous courses in taxation or finance are recommended, but not required.

INTERNATIONAL NEGOTIATION (Wiggins, C.)

3 credits
The course will include specific materials and skill-building exercises on cross-cultural aspects of the bargaining process. Participants will include lawyers from other nations who are enrolled in USD's LLMC program, and upper class American JD students. This course will be cross-listed with the Master's program in Peace & Justice, so enrollment will be limited. All participants in this course must also attend two all-day simulated negotiation sessions that will meet on Saturdays.  The dates of these two sessions will be announced by the first class meeting.

INTERNATIONAL REDRESS FOR HUMAN INJUSTICE (Brooks)

3 credits
This seminar provides an intense study of the international redress movement. The focus is on claims from around the world that seek redress for human injustice under post-Holocaust conditions. Among other claims studied are those brought against Germany for Nazi persecution, Japan for its "comfort women" system, South Africa for Apartheid, and the United States for a number of injustices, including its genocidal campaigns against Native Americans, the internment of Japanese Americans, and the enslavement and segregation of African Americans. Drawing on legal and political analyses, government documents, personal testimonies, and historical narratives, a broad array of questions will be considered ranging from the particular-e.g., Why does the United States offer millions of dollars to Japanese Americans relocated to concentration camps during World War II but offers not even an apology to African Americans for 2 1/2 centuries of slavery? -to the general-e.g., Is there a beast in all political regimes waiting to be unleashed by extraordinary fear, greed or fury? Class attendance is essential. A paper will be required.

INTERNATIONAL SALES TRANSACTIONS (Lawrence)

3 credits
This course focuses on the United Nations Convention on the International Sale of Goods (CISG), with comparisons to domestic law (the UCC in particular).  Considerable time is devoted to the application of the CISG to problems that typically arise in international sales transactions.  The course does not include an exam.  Students instead prepare written memos that reflect the type of assignments they can expect in practice with a law firm.

INTERNATIONAL TAXATION (Pugh)

4 credits
This basic course in international taxation will focus on the principles relating to the taxation of foreign persons (individuals as well as legal entities) by the United States and the U.S. taxation of income received by U.S. individuals and entities from activities abroad. Topics will include principles of international tax jurisdiction; rules relating to the source of income and deductions; the foreign tax credit; Section 482 and transfer pricing; foreign currency translations; international double taxation treaties and an introduction to controlled foreign corporations. Prerequisite: Tax I required; Tax II is recommended. This is an advanced tax course with priority enrollment for LL.M. in Taxation students.

INTERNATIONAL TAX POLICY (Rhoades)

2 credits
This course will focus on the policy considerations that Congress and Treasury weigh as they considered various international code sections and regulations or, at times, rulings.   We will examine the problem that Congress faced that each particular piece of legislation was designed to solve.  We will review whether the job that Congress did could have been done better.  We will also look at current issues and discuss whether those issues need legislative solutions and, if so, what the solutions should look like. Prerequisite: Tax I; Tax II would be useful, but is not required.  Satisfactory completion of the course will meet the Law School's Tax Policy requirement for an LL.M. Taxation degree.
This is an advanced tax course with priority enrollment for LL.M. in Taxation students.

INTERNATIONAL TRADE (Folsom)

3 credits
A research seminar on the law of international trade with special emphasis on the World Trade Organization, its agreements package and dispute resolution system. Topics covered include trade in goods, services, and technology, and the law of tariffs, nontariff barriers and international trade remedies, such as antidumping and countervailing duties. Paper required.

INTERVIEWING AND COUNSELING (Player)

3 credits
This course provides advanced training in the skills of client interviewing and counseling.  The first part of the course is devoted to learning the specific micro-skills that make up effective interviewing through readings, demonstrations and role-plays. The second- part focuses on the counseling dimension of lawyer-client relationships. In addition to classroom preparation and activities, students will interview actual clients in various locales, including the USD Legal Clinic, the San Diego County Law Library Clinic, and several senior citizen centers. Ethical issues unique to interviewing and counseling are emphasized.  Lawyering Skills II or Practicum is highly recommended, but not required. Enrollment is limited.  The course is graded on a 4-tier Pass-Fail basis.

INTRODUCTION TO UNITED STATES LAW (Devitt)

2 credits
Introduction to United States Law is a required course for Master of Comparative 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. This course is for LLMC students only.

JUDGMENT AND DECISION-MAKING IN THE PRACTICE OF LAW (Murr)

2 credits
Several disciplines study aspects of judgment and decision making. These include social and cognitive psychology, behavioral and experimental economics, and game theory, as well as microeconomics. This course draws on research from these disciplines to study the types of decisions lawyers make, the forces that may lead them to make bad decisions, and steps they may take to reduce the risk of such mistakes. No prerequisites. Several short written projects will be required. This class does not satisfy the written work requirement. 

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LATIN AMERICAN LAW AND INSTITUTIONS (Spector)

1 credit
There is a great distance between current legal institutions in Latin America and those that were originally designed and established. Nineteenth century Latin American constitutions drew a lot on the U.S. Bill of Rights and the French Declaration of the Rights of Man. In fact, they instituted representative democracy, the inviolability of individual rights, and untrammeled economic freedom.
 
During the twentieth century Latin American countries suffered from great political and legal instability, civil wars, massive human rights violations, economic crises, and a great number of experiments in land reform, emergency powers, financial confiscations, and constitutional engineering.  All these phenomena have impinged on Latin American institutions, legal culture, and social norms, thus creating what may be the most impressive natural socio-legal laboratory on earth.

The course will be theoretically minded.  It will discuss selected problems in Latin American law and institutions in the light of law and economics, law and development, and social and political philosophy.  No prior knowledge about Latin American politics or law will be needed.  The lessons to be drawn can be generalized to illuminate current legal and social problems in other developing countries and elsewhere.  They can also serve to assess various theoretical paradigms. This class meets for 6 weeks beginning on January 8, 2008. During the weeks of January 14 and January 21 there will be a second additional class meeting. Times and days TBA. A research paper is required.       

LAW AND POLITICAL SCIENCE (Formerly Advanced Research in Law and Political Science) (Law)

2 credits
In this course, we will read and discuss cutting-edge literature at the intersection of political science and law, in a seminar format. The goal of the course is to engage students in the critical evaluation of interdisciplinary research in the area of judicial politics. This course is cross-listed at the graduate level in the Department of Political Science at UCSD; the seminar will sometimes meet at UCSD and will always include UCSD graduate students. In lieu of an end-of-semester examination, participants will be required on a weekly basis to answer written problems, write short papers and/or give oral presentations. Participants should be prepared for a heavy reading load appropriate to a graduate seminar (i.e., several hundred pages of books and articles per week). Prior knowledge of statistics or game theory is helpful, but not a prerequisite. Enrollment is by consent of instructor only. Those wishing to enroll must submit a brief statement of interest to davidlaw@sandiego.edu and must also attend the first day of class. You must submit your statement no later than 5 PM on Monday, January 7, 2008. Early submissions are welcomed and encouraged. Your statement should indicate, in 250 words or less, your year of study, relevant coursework or experience, and reasons for wishing to enroll. Those who are admitted to the class will be notified by Wednesday, January 9, 2008. This course does not satisfy the writing requirement.

LAW AND POLITICS OF EDUCATIONAL POLICY DEVELOPMENT (Kemerer)

3 credits
Educational policy development at the local and state level is a complex and convoluted process.  To give a limited number of law students and graduate education students an inside look on how educational policy is formulated, the School of Law and the School of Leadership and Education Studies are co-sponsoring this seminar under the auspices of the Center of Education Policy and Law.  The course encompasses readings, cases, and deliberations with the instructors as well as interaction in the Bay Area and Sacramento with researchers, interest groups and labor unions, advocacy-based think-tanks and key elected and appointed governmental officials. The seminar will focus on three key areas of law and policy: (1) school choice, charter schools, and voucher programs; (2) school finance reform; (3) growing racial and income isolation in California schools.  Two field trips will be conducted during the semester.  The two-day Bay Area field trip will include discussions with educational policy researchers and commentators at Stanford University and at UC-Berkeley School of Law (Boalt Hall). The class also will meet with key leaders of the California Teachers Association in Burlingame. The one-day Sacramento field trip will feature discussions with key policymakers. Student travel and lodging expenses, but not meals, will be paid by a grant secured by the instructors. A research paper on a topic of the student's choice related to educational policy development and a class presentation based on the paper are required. Co-teaching the course will be Scott Himelstein, former Acting and Deputy Secretary of Education for the State of California. Note: Enrollment is limited to ten law students. Prerequisite: Education Law or permission of the instructor. Class sessions will be held on eight selected Thursdays to be announced at the first class meeting on Thursday, January 10, 2008. Of the eight sessions, three will be devoted to student presentations and one to a debriefing session following the field trips. 

LAW AND SOCIO-ECONOMICS (Dallas)

3 credits
Law and Socio-Economics studies the interrelationship between law and economic/social processes by drawing on a variety of economic approaches and the other social sciences, such as psychology, sociology, anthropology, and political science. It offers students an interdisciplinary, values-based approach to public policy that is designed to take into account the power implications and distributional effects of laws and stresses the importance to effective regulation of attention to historical context, philosophical beliefs, culture, existing institutions, working rules and sources of power. It covers such topics as legal regulation and cognitive psychology, economic fairness and human well-being, culture, norms and legal regulation and a number of public policy issues, including the domain of markets, which raises the issues surrounding surrogacy contracts and egg donors; the complex interrelationships between legal regulations and changing norms in the workplace and within families; corporate social responsibility after Enron and for multinational corporations; and globalization concerning the impact of globalization on U.S. and foreign workers due to trade and capital liberalization. Students are required to complete a paper for this course.

LAW OF AMERICAN DEMOCRACY (Auerbach)

3 credits
The seminar will explore the ways in which our Constitution and legislation implement the principle that democratic government is based on the consent of the governed. It will begin by examining democratic structures that differ from our own. It will then consider our federalism and the bicameral structure of our federal government; our system of legislative representation; the electoral college and selection of the President (including the election of 2000); the role and regulation of political parties and our two-party system; campaign finance (money and politics); proposals for electoral reform, including term-limits; the function of judicial review in a democracy, including judicial selection; and direct democracy at the local level, particularly in California.

LAWYERING SKILLS II (Snyder, A)

3 credits
Students receive training in a variety of legal skills, including interviewing, counseling, negotiating, drafting (memos, pleadings, correspondence, briefs), motion practice, discovery, trial advocacy and alternative dispute resolution. The course is specifically designed to follow-up on and expand the skills introduced to the student in the Lawyering Skills I course. The course methodology will combine 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 performed by the students in pairs. Four-tier Pass/Fail grading. Prerequisite: Evidence. (Since this course is a prerequisite for actual client clinic courses, it is highly recommended that students take this course early in their second year.)

MEXICAN LAW (Vargas)

3 credits
Designed to give students the basic elements of the Mexican legal system, this course underlines the differences and similarities between the U.S. legal system and Mexico's civil law system. Particular attention will be given to the examination of certain Mexican law branches, such as civil, constitutional and "amparo," and corporations. Some reference will be made to the Mexican court system, its legal history, legal education, and legal profession. Current legal questions between the U.S. and Mexico will also be covered. A research paper is required.

NEGOTIATION (Hartwell)

3 credits
A simulation course offering advanced training in the theory and practice of negotiating. Simulated negotiations of increasing complexity are carried on outside the classroom. Students are introduced to contrasting negotiation contexts, such as family and criminal law practice. Students maintain a journal over the semester. Emphasis is placed on the unique ethical issues attending negotiations. Lawyering Skills II course is recommended. Enrollment is limited. The course is graded on a 4-tier Pass/Fail basis. 

PENSIONS (Rand)

2 credits
This course presents an overview of federal income taxation of qualified pension plans under ERISA.  Covered topics include: origin and development of private pension plans; requirements for qualified plan status, including vesting and nondiscrimination norms; limitations on contributions and benefits; taxation of employees, participants and beneficiaries; policy issues concerning the tax-favored status of qualified plans and integration of public and private pension systems. Prerequisite: Tax I

PRACTICUM - CIVIL (Wharton)

3 credits
The practicum is an intensive simulation clinic course offered as an alternative to Lawyering Skills II. Class enrollment is limited. The course uses case files, role players, expert practitioners and faculty to teach important lawyering skills. In 1998, the course will be devoted primarily to advocacy in so-called alternate forum for dispute resolution. Prerequisite: Evidence

PUBLIC INTEREST LAW AND PRACTICE (Fellmeth, R.)

2 - 3 credits (Year-long course)
Students study the substantive laws governing the functioning and decision making of state administrative agencies. These laws include the "sunshine statutes" which require most agency decision making to take place in public and guarantee public access to most agency records (the open meetings acts and the California Public Records Act) and the state Administrative Procedure Act, which governs the process agencies must follow to adopt regulations or take disciplinary action against the license of a licensee. Students also study important limitations on the power of agencies (including constitutional and antitrust limitations), and the functioning of the state legislature, which may enact, repeal, or amend the enabling acts of most agencies. As part of their coursework, students are assigned to monitor two California agencies; they travel all over the state to attend agency meetings, monitor and analyze their activities, interview agency officials and licensees, and track rulemaking, legislation, and litigation affecting their agencies. Twice during the year, students submit written reports on the activities of their assigned agencies. These reports are edited by CPIL professional staff and published, with attribution to the student author, in the Center's California Regulatory Law Reporter, the only legal journal of its kind in the nation; the Reporter is reprinted in full on Westlaw. Students wishing to take Public Interest Law and Practice should pre-register for the course - but do not assign it a priority number . Public Interest Law and Practice is subject to a special application procedure; please visit CPIL's offices (rear door of the LRC) for further information.

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RACE AND THE LAW (Semitsu)

3 credits
This three-hour seminar will explore emerging topics related to racial justice and the relationship between race and the law in the United States.   The first part of the class will be devoted to providing a broad overview of the legal construction of race in the U.S., the color-blind approach to equality, and the scholarly movement known as Critical Race Theory ("CRT").   Both CRT and color-blind philosophies will be taught as essential perspectives, although students will be encouraged to arrive at their own conclusions.   The second part will be devoted to specific contemporary issues related to race and the law in the areas of (1) affirmative action, (2) language rights, (3) racial profiling, (4) hate speech, (5) race & adoption, and (6) racial disparities in criminal sentencing.   Topics are subject to change in light of new developments.  Each week, the ambitious agenda of this course will be accomplished through class discussion, debate, and examination of cases, law review articles, books, and other readings related to specific topics.   Students are expected to select an appropriate topic of interest to them, to develop a focused expertise by writing a substantial paper on that topic, and to present their paper to the class at the end of the semester.  Prerequisite: Completion of Constitutional Law II or the consent of the instructor.  Class attendance is essential.  This course meets the writing requirement.   Enrollment is limited to 19 students; 3Ls will be given preference.  

REAL ESTATE FINANCE (Raushenbush)

2 credits
This course surveys real estate security and financing both residential and commercial, including mortgages, deeds of trust, and installment land contracts. Coverage will be general, with some California emphasis.

REMEDIES (Fink)

4 credits
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.

SCIENTIFIC EVIDENCE (Shore)

3 credits
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. Open only to students who have completed their second year.

SPECIAL EDUCATION AND THE LAW (Dalton)

2 credits
This class is designed to train students to respond to the legal needs of families whose children have physical, learning, or emotional disabilities. Course work covers the federal Individuals with Disabilities Education Act (IDEA), governing the rights of students with disabilities to special education and related services in public schools. Class includes the application of IDEA and federal regulations to the Individualized Education Program (IEP), placements, discipline provisions, procedural safeguards including due process hearings and legal remedies. Statutory and case law are utilized to assist students in understanding this complex and emerging area of specialization. No prerequisite.

SPORTS LAW (Simon)

2 credits
This course will address the often unique manner in which the substantive law applies to the business of sports. Topics will include interpretation and enforcement of player contracts, antitrust, labor law and unions, governance of professional sports leagues by Commissioners, the role and regulation of agents, governance of collegiate and other amateur sports by NCAA and others, and remedies for gender discrimination in sports.

STATUTORY INTERPRETATION (McCubbins)

2 credits
For more than 100 years most law has arisen not through the reasoning of jurists but through the actions of legislatures.  Interpreting statutes is then central to reasoning about law.  Statutory interpretation is then about the politics of law, or political jurisprudence. In this course, we will explore the politics underlying legal decision making. In our focus on politics, however, we do not ignore the law, nor do we ignore the venues in which law is made: courts, legislatures, and executive agencies. Rather, we will examine the change and evolution of law to discover it political roots; we will examine the ways in which the policy making branches work to make and implement law, and the ways in which they interact with and influence each other. In the end, we seek a better understanding of law’s reason. This is a paper course.

TAX II (Laro)

3 credits
Tax II involves a study of the basic concepts of federal income taxation of 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 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. Prerequisite: Tax I (This class meets for 10 weeks.)

TAX LITIGATION (Carpenter)

2 credits
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. Prerequisite: Tax I. This is an advanced tax course with priority enrollment for LL.M. in Taxation students.

TAX POLICY (Laro)

2 credits
Tax Policy is a reflection of the country's social, economic and political history. Alongside the question of how much to tax, is the critical decision of how to allocate the tax burden among the various taxpayers. Deciding who is to be taxed and how much to tax them is the substance of this course on the tax policy. We will examine tax policy by looking at the tax legislative process, the policy makers, and various code provisions as part of the focus on various tax issues and problems. Students will be required to write short papers on tax issues throughout the course. Grades will be based on the short papers and the final paper. A final paper on an assigned subject will be due after the class ends. The final paper is not intended to and does not fulfill the J.D. Written Work requirement of the law school. This is an advanced tax course. Prerequisites: Tax I & II (LLM’s may take Tax II concurrently) Class size is limited. Enrollment priority will go to: (1) LLMTs with a SP08 or FA08 graduation date; 2) JDs admitted to the LL.M. program with a FA08 LL.M. graduation date. (This class meets for 10 weeks.) Course Materials: The course materials will consist of various articles and cases. In addition, various chapters in David Laro and Shannon P. Pratt, Business Valuation and Taxes (2005), will be assigned.

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TAX RESEARCH AND COMMUNICATIONS (Keiser)

3 credits
This course involves an intensive examination of federal tax research techniques, including an evaluation of legislative history and administrative authorities. Students are required to research and prepare complex tax documents such as protests, opinion letters, memoranda of law, and Tax Court petitions. The course may not be counted toward the LL.M. if the candidate elects to write a thesis. This is an advanced tax course limited to 12 students with priority to 1) Spring 08 graduates and 2) Fall 08 graduates.

TRANSFER PRICING (Vidano)

1 credit
This course will provide an introduction to international transfer pricing.  A business engaged in operations in a number of different countries relies upon international transfer pricing to determine the appropriate taxable income among the operations in those different countries.  As the means of determining taxable income, international transfer pricing often leads to some of the largest audit disputes between taxpayers and tax administrators.  This course will provide an overview of the international transfer pricing system, and describe the statutory and regulatory framework for determining the appropriate transfer pricing for transactions involving the sale of goods, the provision of services and the licensing of intangibles.  One of the primary goals of the course is to provide students with exposure to the practical problems encountered by taxpayers and tax authorities under applicable law, as well as the underlying policy concerns shaping recent developments in this dynamic area of the law.  The course will also address related topics such as enforcement issues and administrative procedures, including IRS examinations, APA procedures, and Competent Authority procedures. Prerequisite: Tax I, Tax II is recommended.  This is an advanced tax course with priority enrollment for LL.M. in Taxation students.

TRUSTS AND ESTATES: COMMUNITY PROPERTY (Wesley)

3 credits
In this course the non-tax aspects of estate planning are integrated, combining wills, trusts, future interests, and community property. Methods of family wealth transfer in both community property and non-community property jurisdictions are considered, including: inter vivos gifts, wills, trusts, intestate succession and will substitutes. Fiduciary administration; class gifts; powers of appointment; the rule against perpetuities; charitable trusts; classification, control and management of community property; and the distribution of property on dissolution of the community are studied.

TRUSTS AND ESTATES: WILLS and TRUSTS (Lilly)

3 credits
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.

UNIFORM COMMERCIAL CODE: SALES (Kelleher)

3 credits
This course examines the reciprocal rights and obligations of sellers and buyers of goods through a study of Article 2 of the Uniform Commercial Code. Emphasis is placed on contract formation principles, statute of frauds, sources of contract terms, warranties, good faith and unconscionability, performance and breach, and remedies. The relationship of Article 2 to common-law contract principles is also explored. There are no prerequisites.

VALUATION (Laro)

2 credits
This course encompasses the ever expanding body of law as it relates to valuation of business interest. Topics include the proper standard of valuation, various valuation methods, and the use of discounts and premiums. The class will review business valuation issues with respect to family limited partnerships, estate planning, corporation transactions, and other areas. Cutting edge issues such as valuing high tech companies will be covered.
Prerequisites: Tax I; Tax II and/or Corporations is recommended.  This is an advanced tax course with priority enrollment for LL.M. in Taxation students. (This class meets for 10 weeks.)

WHITE COLLAR CRIME (Attanasio)

2 credits
The course will cover a variety of topics related to the defense and prosecution of "white collar" criminal offenses, with a particular focus on emerging trends in the law arising from recent corporate scandals and prosecutions. The lectures will emphasize strategies for conducting internal investigations of corporations and their officers and directors, as well as tactics used by law enforcement in conducting white collar grand jury investigations and criminal prosecutions. In this regard, the course will be geared towards students interested in pursuing careers as prosecutors or criminal defense attorneys, as well as those who may represent corporate clients generally.

WORK, WELFARE & JUSTICE (Lobel)

3 credits
The course explores the relations between public policies and the new political-economy. The new economy, with its increased demands for flexibility and competitiveness, new technologies, and rapid globalization, has dramatically altered the nature of work relations, economic production, social organization and the roles of public and private entities in promoting growth, justice and fairness. In this class, we will explore at a number of policy fields, including issues in employment and labor laws, education and schooling law, environmental law, health law, discrimination policies and consumer law. These issues will be examined from an interdisciplinary perspective for understanding the challenges of law-in-action. We will think of practical questions of the comparative effectiveness of various regulatory mechanisms and the more theoretical aspects of legal means and social ends. Students will be required to write a paper.

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Clinics, Internships & Externships

Clinic include a classroom component as well as interactions with clients. Clinic applications are available online, in the Registrar's office, and at the Legal Clinics offices at Barcelona (BA) Room 305. Prerequisites vary, so read the descriptions carefully. Students are limited to taking only one clinic or judicial/agency internship at a time.  All courses require an interview with the professor and signed approval to enroll. Please check the law school class schedule for information on units, times and location of clinic classes.  For Clinic I classes, the grading scale is a 4-tier Pass/Fail. For Clinic II classes, professors have the option of using a 4-tier Pass/Fail or a letter grade. Contact Jesi Betancourt, Paralegal, 619-260-7670, if you have any questions about the enrollment process. Enrollment is limited, and some clinics fill quickly.

Child Advocacy Clinic: Policy I

(1-3 credits)

Child Advocacy Clinic: Policy II

(1-3 credits)

Child Advocacy Clinic: Delinquency I

(4 credits)

Child Advocacy Clinic: Dependency I

(4 credits)

Child Advocacy Clinic: Dependency II

(1-4 credits)
As Arranged
Fellmeth, R.
Child Advocacy Clinic is available for students who are taking or have completed Child Rights and Remedies. Clinic student have two options:

• Students participating in the Dependency Section work with an assigned attorney from the San Diego Office of the Public Defender representing abused children in dependency court proceedings. Interns working in the Dependency Section must become certified by the State Bar, submit fingerprints for a background check, and have a valid California driver's license, current California auto registration, and current auto insurance. Dependency Section interns must clear their class schedules such that they have two full days per week to work at the Public Defender's Office. Also, students must have completed or be enrolled in Evidence and Civil Procedure (in addition to Child Rights and Remedies) in order to participate in the Dependency Section. Dependency Section interns meet as a group once a week for one hour to discuss their work and to review current issues in child advocacy. A Dependency I internship is worth four units; a Dependency II internship may be taken for 1-4 units.
• Students participating in the Delinquency Section work with an assigned attorney from the San Diego Office of the Public Defender representing juveniles in delinquency court proceedings. Interns working in the Delinquency Section must become certified by the State Bar, submit fingerprints for a background check, and have a valid California driver's license, current California auto registration, and current auto insurance. Delinquency Section interns must clear their class schedules such that they have two full days per week to work at the Public Defender's Office. Also, students must have completed or be enrolled in Evidence and Civil Procedure (in addition to Child Rights and Remedies) in order to participate in the Delinquency Section. Delinquency Section interns meet as group once a week for one hour to discuss their work and to review current issues in child advocacy.
• Students participating in the Policy Section work with CAI staff on projects relating to state agency rulemaking, legislation, litigation, or other advocacy. Policy projects might include performing research and writing on the California Children's Budget or the Children's Regulatory Law Reporter. Interns may also be assigned to participate in policy research and analysis of current applications of law and regulations as they affect children. A Policy Section internship may be taken for 1-3 units.

Students who wish to take either the Dependency or Policy component of Child Advocacy Clinic must submit a questionnaire and obtain a permission slip from Professor Robert Fellmeth or Elisa Weichel before preregistering for the course. Their offices are located in the CPIL/CAI offices (through the rear door of the Legal Research Center). Slots in the clinic are limited. For more information contact the CAI staff. 

Civil Clinic I (Player/Gruber)

3-4 credits

Civil Clinic II: (Player/Gruber)

2-4 credits
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 are learn general civil litigation and procedures. Prerequisite: Civil Procedure, Evidence and either Lawyering Skills II or Practicum.

Criminal Clinic I (Berend)

4 credits

This is a clinical course that places students with a prosecuting or defending trial agency in the criminal justice system.  Criminal Clinic I has a two-hour per week classroom component that provides simulations, lectures and discussions in the most common areas of criminal practice.  Prerequisites: Evidence, Criminal Law, Criminal Procedure I and Lawyering Skills II or Practicum. Recommended but not required: Criminal Procedure II. Important Note: Criminal Clinic has a different registration deadline. Please contact Professor Berend for information on deadlines and additional registration materials.  

Criminal Clinic II (Berend)

2-6 credits
This is a clinical course that places students with a prosecuting or defending trial agency in the criminal justice system.  Criminal Clinic I has a two-hour per week classroom component that provides simulations, lectures and discussions in the most common areas of criminal practice.  Prerequisites: Evidence, Criminal Law, Criminal Procedure I and Lawyering Skills II or Practicum. Recommended but not required: Criminal Procedure II. Important Note: Criminal Clinic has a different registration deadline. Please contact Professor Berend for information on deadlines and additional registration materials.  

Energy Law & Policy Clinic (Berger)

1-3 credits
The Energy Law and Policy Clinic provides students an opportunity to conduct legal and policy research in cooperation with the Administrative Law Judges (ALJ) Division of the California Public Utilities Commission (CPUC). CPUC staff, EPIC staff, and students work together to select one or more energy-related legal or policy research topics that are timely, relevant, and important to ongoing or upcoming CPUC proceedings. 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 ALJ Division and other CPUC staff. Prerequisite: Energy Law

Entrepreneurship Clinic I and II (Matias)

2-3 credits
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 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. No prerequisites.

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Environmental Clinic I (Wharton)

4 credits

Environmental Clinic II (Wharton)

1-5 credits
This is a clinical course for students who wish to develop litigation skills in the context of environmental law. All work is performed under the direct supervision of the director of the Environmental Law Clinic. This clinic focuses on impact litigation. There is a two-hour per week classroom component, as well as a regular meeting with the director of the Environmental Law Clinic. Prerequisite: Environmental Law, which may be taken concurrently.

Immigration Clinic and Immigration Clinic II (Bejar)

2-4 credits
Students gain practical experience through interviewing, counseling, and representing clients with immigration-related problems. Students complete forms and draft documents on behalf of clients.  Students also attend and/or participate at hearings at Immigration Court. Weekly meetings are held with the clinic supervisor to discuss immigration law and practical application and casework. No prerequisites.

Land Use Clinic I and II (Quinn)

2-4 credits
The Land Use Clinic provides students with the opportunity to become involved in land use and land development issues. Students are placed with government agencies, elected officials or attorneys in private practice.  Most placements are with the City of San Diego and include the City Attorney’s Office, The Mayor’s Office, and the City Council Offices. Students work under the supervision of an attorney. Student work usually focuses on local issues including the procedures for siting cell phone towers, the regulation of adult entertainment and cardrooms, reviewing environmental documents, attending community meetings and issues involving affordable housing. The weekly two-hour classroom component covers the basic statutory and regulatory framework of land use law and procedures.  In addition to the class students are required to attend one local community planning group meeting. No prerequisites.

Landlord Tenant Clinic I (Gruber)

3-4 credits
Students interview, counsel, and represent clients in Superior Court unlawful detainer trials, in administrative hearings involving federally subsidized Section 8 termination proceedings, in Superior Court involving Writs of Administrative Mandamus, and in the Appellate Department of the Superior Court and the Fourth District Court of Appeal involving appeals from the various trial court proceedings. All of the described activity is under the supervision of an adjunct professor/attorney. Students are responsible for drafting pleadings and correspondence, and for conducting discovery, as well as conferring and negotiating 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. Prerequisites: Civil Procedure and Evidence. Preference will be given to those applicants who have taken Practicum or Lawyering Skills II.

Mental Health Clinic I and II (Lynch)

2-4 credits
The Mental Health Clinic is a fast paced, hands-on course supervised by the Director of the Patient Advocacy Program.  Students develop their interviewing, negotiation, investigation and critical thinking skills in the context of statutorily mandated administrative hearings in psychiatric facilities.  Students may also assist in patient rights complaints and attend meetings on the administrative or regulatory aspects of behavioral health care.  The weekly 1-1/2 hour class component includes lectures, guest speakers, case review and discussion.  No prerequisites.  Recommended: Law and Mental Disorder class.

Perspectives in Criminal Justice (Berend)

3 credits
This course offers a unique opportunity to focus not only on the technical and ethical competence of lawyers in the criminal justice system, but on skilled practice informed by self-awareness, compassion, and a commitment to human dignity.  There is a class component and placement component.  In class, students address the legal, procedural, ethical, social, and cultural issues that arise in the course of their clinic work.  In their placement, students interview recent arrestees in the San Diego County Jail who have not made bail and who are not represented by counsel. Students provide advice regarding an arrestee's constitutional and statutory rights, as well as concerns arising from his incarceration.  Students will assist the Deputy Public Defender assigned to the felony arraignment department in the San Diego Superior Court.  Students will also counsel and advise people who have criminal justice issues at dinners offered by the Welcome Door Foundation.  There will be several Friday afternoon sessions during the semester for students to be introduced to the jail, the courthouse, and the Public Defender's Office, and to participate in other activities related to the course. Criminal law is a pre-requisite.  Enrollment is limited. This is a three-credit course graded on a four-tier pass-fail basis.  A security clearance by the jail through the Department of the Public Defender is required before the beginning of the semester.  The State Bar of California requires that evidence and civil procedure be completed before a student can be certified to appear in court. 

Public Interest Law Clinic (Fellmeth, J.)

(1-3 credits)
As Arranged
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.

Small Claims Clinic I and II (Simone)

2-4 credits
The Small Claims Clinic offers students the opportunity to develop interviewing and counseling skills as well as trial preparation skills in the Small Claims Court context. Students assist low-income families in preparing their cases for trial at Small Claims Court and can represent clients in the appeals process in Superior Court.  Students must also be available to participate in outreach presentations at various community locations and times. No Prerequisites.

Special Education Clinic I (Dalton)

Special Education Clinic II

2-4 credits 
Students receive practical training and experience in client intake, interviewing and counseling, file review and analysis, and 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. No prerequisites. Recommended: Special Education and the Law.

State Tax Clinic I - California

2 credits
This Tax Appeals Assistance Program is a joint effort between USD Legal Clinics and the California State Board of Equalization. Under the supervision of an attorney from the California Taxpayers' Rights Advocate Office, students will assist taxpayers with the state tax appeals. Students receive legal pratice skills training, including interviewing clients, identifying evidence, drafting appeals briefs, and representing clients in negotiations with the State Bar and at hearings. No prerequisites.

Tax Clinic I - Federal (Carpenter)

4 credits
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 the IRS personnel, and how to effectively resolve a client's federal tax dispute. Students also must also be available to participate in Tax Clinic Outreach presentations at various community locations and times. Prerequisite: Tax I

Agency Internship (Alan Alvord)

1-3 credits
The Agency Internship Program allows students to receive academic credit for work in a law-related position with a governmental agency or a non-profit organization in San Diego. The work must be civil (not criminal) practice. The student must not receive monetary compensation for the work. In addition to the work component of the Program, students enrolled in the program will have regular contact with the Program's instructor; who will meet with them individually and as a group throughout the semester, assign various written projects (such as a journal and a final paper), and review samples of the student's written work from the internship. Students can secure their own placement or meet with Professor Alvord for guidance in securing a placement. After a placement is found, students must complete an application form to have their placement approved for the Program; employers who participate in the Program must commit to following the requirements of the Program. Students work a minimum of 60 hours per unit of credit.

Judicial Internship (Paul Horton)

1-6 credits.
The Judicial Internship Program allows students to receive academic credit for work in a judge's chambers in San Diego. Students must work 60 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 Horton, who will meet with students individually, assign various written projects (such as a journal and a final paper), and review samples of the student's written work from the internship. In addition to the in-chambers and written work components, there is a classroom component to the Judicial Internship Program; students who enroll in this Program over the summer are required to enroll in the Adjudication Seminar in either the fall or spring semesters of the regular academic year. Professor Horton has a manual that explains the judicial internship process; interested students should be sure to pick up a copy of the manual. Students can secure their own internship position or can meet with Professor Horton for guidance in securing a placement. Students must receive approval from Professor Horton to register for this program. Prerequisites: preferred: 1L curriculum and Criminal Procedure.

MEDIATION INTERNSHIP(Charles Wiggins)

Interns will begin participating in the USD/NCRC project during Fall Semester, after completing Mediation Skills. They must be available to mediate at either the morning or afternoon court session one day per week through the end of Spring Semester classes. During Fall Semester, NCRC staff will observe their mediations and provide feedback. Beginning Spring Semester, Interns will also participate together in a one-hour weekly meeting directed by Law School staff.

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MOCK TRIAL (Wharton)

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