Administrative Law & Practice (3) Law-7503
This course provides a study of the processes of decision making by administrative
agencies and their control by legislators and courts. It centers on the tension between
the need for delegation of power to agencies sufficient to ensure effective government,
and the need to limit that power and protect the citizen from government oppression.
The course focuses particularly on administrative procedure (including notice and
comment rulemaking) and deals with the concept of administrative discretion and the
constitutional, statutory, and common law doctrines that control discretion in administrative
decision making. Also considered are contemporary issues that bear upon the fairness
of governmental action (e.g., the right to notice and hearing, confrontation of witnesses,
ex parte communications, institutional decisions, and combination of functions). There
will not be an exam. Students will be graded on a series of short practice-oriented
writing assignments designed to replicate practice in administrative law. This course will satisfy the Practice Oriented Writing Requirement.
Advanced Federal Income Tax (2) Law-7879
This course is a continuation of the basic Federal Income Taxation course. It includes
federal income tax topics that are not generally addressed in detail or at all in
the basic course, such as: in-depth coverage of tax accounting issues, taxation of
intellectual property, taxation within families, tax consequences of litigation, alternative
minimum tax, employee benefits and deferred compensation, and an introduction to basic
issues of tax policy. This course is a core requirement for the Taxation certificate.
(Prerequisite: Federal Income Taxation.)
Advanced Legal Research (2) Law-7803
This course will focus on the resources, process, and strategy of legal research.
The course will include instruction on primary law such as legislative and administrative
documents, and secondary sources, including practice materials. Students will be required
to complete several research assignments to demonstrate competence using print and
online resources to research and analyze legal issues. There is no final exam. (This course may satisfy either the Experiential Course requirement or Practice-Oriented
Writing requirement, but one course cannot satisfy both requirements at the same time.)
Advanced Seminar: The Holocaust, Genocide and the Law (3) Law-7823
This seminar, through readings and class discussion, documentaries and guest speakers,
examines international human rights law through the legacy of the Holocaust. Topics
to be covered are: 1) the legal system of Nazi Germany and its lessons for today;
2) prosecution of Nazi war criminals over the last seventy years; 3) Holocaust restitution
litigation in the United States to recover stolen wartime assets, including Nazi looted
art; and 4) the legal legacy of the Holocaust upon the modern international criminal
prosecutions for genocide, war crimes and crimes against humanity. Final grade is
based upon a research paper on a topic selected by the student, class presentations
of course materials and class participation.
Advanced Seminar: U.S. Copyright Law (3) Law-7822
This course offers an in-depth analysis of the rights and remedies afforded to copyright
owners under U.S. law. We will discuss the theoretical, economic, and policy aspects
of copyright law and engage in a number of practical exercises such as preparing correspondence
with (hypothetical) clients, cease and desist letters, legal memoranda, and licensing
agreements. Work prepared for these practical exercises will apply toward satisfying
the course’s writing requirement (which is in lieu of a final exam). At the end of
the course, students will be able to interpret and apply the relevant statutory provisions,
identify and articulate the scope of U.S. copyrights and their limitations, and exhibit
familiarity with the essential elements of a copyright infringement claim, the defenses
and strategies available to a defendant, and the related bodies of law typically involved
in copyright disputes. The classes will focus on applying case law and the statute
to various hypothetical situations with the goal of preparing students to handle the
copyright issues and problems typically encountered by a lawyer in practice. This course is an approved elective for the Entertainment Law certificate. This course
will satisfy the Practice-Oriented Writing Requirement.
Advanced Topic: Art Law - (3) Law-7928
This three-unit class will provide an overview of law relating to art and cultural
heritage. Transactions in the rapidly growing legitimate global art market are estimated
at almost $70 billion annually, and art institutions, auction houses, dealers, museums
and collectors have holdings valued well into the multi-trillions of dollars. Lawyers
are involved in all aspects of the art world, and the legal issues they deal with
are varied and fascinating. Students in this class will gain an understanding of the
nature of art and cultural heritage institutions, services, and transactions, both
domestic and international; an appreciation of the legal doctrines and regulations
relevant to the art world; and an understanding of the dynamics of art and cultural
heritage transactions. In addition, the class will examine the policy, political and
ethical considerations that relate to the art market. Specific topics will include
the role of copyright law, freedom of speech and expression, and government support
(and censorship) of artistic expression; the role of museums and galleries and the
legal obligations of trustees; the role of auction houses and dealers; question of
title for works of art; the law of war and cultural heritage (for example the destruction
of archaeological treasures by ISIS and others); responses to the problem of looting
and illegal export of cultural heritage; the looting of art works by the Nazi’s; and
the global trade in antiquities.
Advanced Topic: Comparative Law and Religion – (2) Law-7603
The Jewish Christian and Islamic Legal Traditions. This course, through readings and class discussion, documentaries and guest speakers,
introduces the American law student to the legal thought of the three Abrahamic religions
– Judaism, Christianity, and Islam. Following introductory sessions on the history
and tradition of each religion, the course will examine and compare the sources and
structure of each religion and its basic precepts. Selected legal topics will be examined
in-depth, including the "personal status" laws of marriage, divorce, inheritance;
the relationship of the church/synagogue/mosque to the state; and the approaches of
each religion to protection of the environment and to the role of armed conflict.
Advanced Topic: Constitutional Law (2) Law-7812
This course covers the limitations on the state and federal governments imposed by
three individual liberties guaranteed by the Constitution: equal protection of the
laws, freedom of religion, and freedom of speech. Prerequisite or Concurrent Enrollment: Constitutional Law.
Advanced Topic: Food Law - (2) Law-7672
This course focuses on the federal regulatory framework for food and its history,
basic requirements, and goals; law’s role in agriculture emphasizing large-scale production,
public health and sustainability goals; and other regulations impacting food’s production,
distribution, consumption, and sale. (This course will satisfy the Practice Oriented Writing Requirement.)
Agency and Partnership - (3) Law-7507 California Bar Tested
This course covers the law of agency and unincorporated business entities. The course
will explore the definition and nature of a principal-agent relationship; the rights
and duties of principals and agents; the scope of agents’ actual and apparent authority;
the liability of disclosed and undisclosed principals for agents’ acts; agent fiduciary
duties; third party rights and remedies; employer-employee and independent contractor
relationships. The course also addresses the nature of unincorporated business entities,
including general and limited partnerships, limited liability partnerships, and limited
liability companies. Students will study statutory and case law discussing the formation,
operation, and management of these entities, and students will learn the basic internal/external
rights, powers, duties, and liabilities of the entity members vis-à-vis one another
and vis-à-vis outside third parties. (This course is an approved elective for the Business Law certificate.)
Business Planning (2) Law-7515
The goal of this course, through reviewing actual documents and agreements (and through
class discussion), is to have students become familiar with certain legal and business
relationships/issues raised in documents, business agreements and other contracts
-- from a practical (real life) perspective. Generally, class discussions track the
formation, growth, and eventual sale of a California business. We begin by analyzing
and comparing different business entity structures. We then examine the relationship
and conflicting motivations of owners, officers, and employees of the business. With
the growth of the business, we move to a review of the various interactions a business
has with its consultants, employees, venture investors, banks, and vendors. We end
the course with an examination of the eventual merger/acquisition of the business.
Practical problems and solutions are the focus of this course. It is intended to provide
an important component of preparing students who will be advising and/or interacting
with California businesses. The application of new technologies, including blockchain
and cryptocurrency, will also explored. (This course is an approved elective for the Business Law Emphasis. May satisfy either
the Experiential Course or Practice-Oriented Writing requirement with faculty approval;
one course cannot satisfy both requirements at the same time.)
California Civil Procedure (3) Law-7817 California Bar Tested
This course continues the study of civil procedure with advanced focus on California's
procedural structure, including ways in which California procedure differs from federal
civil practice. Areas of study include state practice in complex civil litigation,
discovery, pleading, summary judgment, former adjudication and other advanced principles.
Students will be expected to analyze complex fact patterns and to discern the ways
in which California procedure differs from federal practice. (Prerequisite: Civil Procedure I and II.)
California Evidence (3) Law-7318 California Bar Tested
This course addresses both civil and criminal provisions of the California Evidence
Code, examining among many topics: relevance, character evidence, the hearsay rule
and its exceptions, impeachment, expert testimony, and privileges. The course focuses
on the California Evidence Code, with a practical focus on tactical and procedural
introduction of evidence at trial in state court. The class will also cover differences
between California Evidence Code and the Federal Rules of Evidence. (Prerequisite: Evidence.)
Note: Evidence with Professor Mainero covers both the Federal Rules of Evidence and
the California Code, and thus covers two bar tested subjects. Students who take Evidence
with Professor Mainero may not take the elective California Evidence course because
the elective is duplicative of the material covered in Professor Mainero’s Evidence
course.
California Street Gangs (2) Law-7934
This class will study the statutes of the “Street Terrorism Enforcement and Prevention
Act of 1988” [STEP] (criminalizing active gang participation) from a legal and practical
standpoint. Besides an in-depth understanding of this expansive and ever-changing
area of jurisprudence in California, the course will provide an analysis of how gang-related
felonies proceed through California courts. It will include study of the complicated
and frequently used theories of extended criminal liability used by prosecutors including
conspiracy, aiding and abetting, natural and probable consequence theory and provocative-act
murder. A study of selected evidence code sections and related case law will be included
to facilitate an understanding of issues, as well as common problems of proof at every
gang trial. The use of guest speakers and selected autobiographical readings will
provide context to this otherwise counter-intuitive culture of violence and respect.
(Pre-Requisites: Criminal Law and Evidence. This course is an approved elective for
the Criminal Law certificate. This course will satisfy the Practice Oriented Writing
Requirement.)
Client Interviewing and Counseling (3) Law-7520
Students will learn and practice skills involved in interviewing and counseling clients.
Through the course of the semester, students will take one simulated case from the
initial phase of gathering and evaluating facts supplied by a client, conduct substantive
legal research, write a memorandum to the client file, and provide oral and written
advice to the client based on consideration of facts and applicable law. The course
will focus on interpersonal aspects of client relationships as well as ethical problems
that may arise in the context of client representation. Students participate in simulated
interviews and counseling sessions, portraying both client and attorney. Students
will be videotaped in at least one interview or counseling session and will complete
several written products, including a client letter, a memo to the file, and papers
analyzing the lawyering process from the perspective of both attorney and client.
(This course will satisfy the Practice-Oriented Writing Requirement OR the Experiential
Course Requirement; one course cannot satisfy both requirements at the same time.
This is a core requirement in the Certificate in Advocacy and Dispute Resolution.)
Climate Change and the Law - (3) Law-7308
Climate change is a defining legal issue of our times. The scope and scale of response
it warrants is multijurisdictional and interdisciplinary. Climate change law is therefore
fragmented and diverse, arising from constitutional, corporate, investment, torts,
energy, international, environmental, land use and insurance laws, in addition to
discrete climate laws. Disputes over the proper scope of legal action has resulted
in multi-level litigation, from international and national to cities and local government.
Equally, numerous regulations and legislative measures have resulted in substantial
transactional work as well. Not surprisingly climate change has emerged as a distinct
subject of legal studies. This course is designed to introduce students to the wide
scope of legal developments in regard to climate change and prepare them to analyze
complex legal issues on the matter. Students will also be encouraged to think about
the broad normative and policy implications of the legal responses to climate change.
The course will primarily focus on international law and U.S. domestic law. However,
notable legal developments in other jurisdictions, including in Asia and in Europe
will be considered as well. Given the extreme complexity of the problem, students
will be encouraged to think innovatively. There will be no exam for this course. Students
will be evaluated through a series of classroom exercises and a final research paper.
Credits for this course will count towards an ENLURE Certificate.
Commercial Leasing (2) Law-7521
This course introduces students to one of the most important areas of real estate
practice: commercial lease law and negotiation. Students are required to master elements
of legal substance and theory concerning the leasing of commercial property, as well
as methods of practice and negotiation. In addition to studying sophisticated commercial
leases, case opinions, and other textual materials, students draft and revise provisions
of commercial leases and related lease documents. (This course is an approved elective for the ENLURE certificate and the Business Law
certificate. This course will satisfy the Practice Oriented Writing Requirement.)
Community Property (2) Law-7302 California Bar Tested
The organizing idea for the text and the course is that California community property
is a “classification” system; property is either community or separate property based
upon the date and source of acquisition of the property. Problems arise when spouses
claim separate property interests in community property, community property interests
in separate property, devote community effort to separate property, or make agreements,
before or during marriage, or after date of separation or dissolution of the marriage,
but before judgment is entered, on their property issues. All of these issues, and
more, from acquisition of community property to its division upon dissolution of marriage,
will be explored.
Constitutional Law: Equal Protection & First Amendment - (3) Law-7812 California Bar
Tested
This course covers the limitations on the state and federal governments imposed by
three individual liberties guaranteed by the Constitution: equal protection of the
laws, freedom of religion, and freedom of speech. (Prerequisite or Concurrent Enrollment: Constitutional Law.)
Copyright Law and Practice (3) Law-7822
Copyright law is critical across many different arts, technologies and industries.
The digital revolution has transformed how we think about this body of law. We will
examine its application to, and implications for, music, books, film and computer
software, for example. Students will learn how to interpret and apply the statutory
provisions, to identify and articulate the scope of U.S. copyright protection and
its limitations, the essential elements of a copyright infringement claim, the defenses
and strategies available to a defendant, and the related bodies of law typically involved
in copyright disputes. The classes will focus on applying case law and the statute
to various hypothetical situations with the goal of preparing students to handle the
copyright issues and problems typically encountered by a lawyer in practice. (This course is an approved elective for the Entertainment Law certificate. This course
will satisfy the Practice-Oriented Writing Requirement.)
Corporate Tax (3) Law-7613
The basic federal income tax consequences to regular corporations and their shareholders
of incorporations, capital contributions, corporate operations, dividend and other
distributions, stock dividends, redemptions and liquidations, the accumulated earnings
tax, and the personal holding company tax. S corporation taxation will also be briefly
discussed.
Criminal Law and Psychology (3) Law-8021
This course covers the forensic mental health issues that prosecutors and defense
attorneys regularly encounter in practice, with an important part of the course being
developing skills in evaluating actual cases. Topics covered include competence to
stand trial, the insanity defense, battered women's syndrome, juvenile offenders,
sex offenders, the role of mental health evidence in sentencing, rehabilitation of
offenders, working with mental health experts, and the use of psychiatric and psychological
evidence. (This course is an approved elective for the Criminal Law Emphasis Program.)
Criminal Procedure/Police Practices (3) Law-7301 California Bar Tested
This course provides a close examination of the laws of criminal investigation. Topics
include constitutional limits on arrests and stops, search and seizure, interrogation
of suspects, right to counsel, and the privilege against self-incrimination. (Students with a first year cumulative GPA below a 2.6 must take this course as a
graduation requirement.)
Criminal Procedure: Practice and Professionalism (2) Law-8023
This course is designed to give the students the skills and information litigators
need to know when they appear in court. Students will understand how to independently
handle misdemeanor filings, pre-trial negotiations, motions, felony preliminary hearings
and misdemeanor jury trials. This course is designed to prepare you for your spring
semester externship by providing an understanding of criminal terminology, common
penal and evidence code sections, and the most common type of jury trials that you
will likely handle including domestic violence and driving under the influence. There
will be a take-home exam.
Directed Research (1-3; 12 and ½ pages minimum per credit based on standard format)
Law-7850
Courses are available to 2-4Ls only to study and research topics which are not provided
for by regular curricular offerings. To register for Directed Research, students must
complete a Directed Research form and submit the completed form to the Registrar’s
Office for processing. The signatures of the supervising full-time professor and the
Associate Dean for Academic Affairs are required. The completed Directed Research
form must be submitted to the Registrar’s office by the given Add/Drop deadline for
the semester. Students cannot register for a Directed Research project online. Students
must have a cumulative GPA of 2.6 at the end of their first year to partake in a Directed
Research project. (Students may not make changes to the number of credits post the Add/Drop deadline
for the semester.)
Election and Political Campaign Law (3) Law-7630
This course covers Federal, State and Local election and political campaign laws,
including the Federal Election Campaign Act; California's Political Reform Act and
Elections Code; and local election and campaign laws. Among the topics to be addressed
are First Amendment issues; campaign finance law and campaign reform; voting rights;
election administration; the 2000 Presidential election; initiative, referendum and
recall matters; political parties; Legislative districting; election recounts and
contests; ballot access; ethics; conflicts of interest; public integrity; criminal
and administrative enforcement issues; and several other topics of interest relating
to the political and election process.
Employment Law (3) Law-7536
This course explores selected topics in employment law in the non-union workplace.
The course covers the evolving common law and statutory approaches to regulating the
employer-employee relationship from hiring to firing. Topics include employee privacy,
protections against workplace discrimination, regulation of wages and hours, sexual
harassment, and remedies for wrongful termination. The grade in this course will be
based on a paper in lieu of a final exam.
Entertainment Business and Legal Affairs (3) Law-7352
An overview of the primary areas of practice in which a lawyer and/or business affairs
executive engage at a typical Hollywood studio throughout all phases of development,
production, marketing and distribution of theatrical motion pictures. Emphasis will
be placed on the business aspects in each of these areas and the economics of the
various revenue streams exploited in such distribution. Deal structures will be taught
for the customary transactions entered into for both “in-house” productions as well
as films financed and/or produced by third parties but distributed by the studio (i.e.
acquisitions, negative pick-ups, co-productions, split rights arrangements, etc.)
as well as studio deals with financial partners to lay off economic risk. The course
will conclude with an exercise in which the students will select a motion picture
slate made up of various genres, cast and deal models they will select based upon
the project elements of actual (but anonymous) Hollywood studio productions. The success
of those slates will then be projected as revealed by the actual performance of the
movies from which those elements were taken. (This course is an approved elective for the Business Law certificate and the Entertainment
Law certificate. This course will satisfy the Practice Oriented Writing Requirement
OR the Experiential Course Requirement; one course cannot satisfy both requirements
at the same time.)
Entertainment Industry Contracts (3) Law-7830
This course provides a detailed review and analysis of the contracts involved in the
making of a feature film and other media. Students will have hands-on experience with
contracts from the inception of an idea to acquiring rights and hiring writers, directors
and actors. The attorney’s role throughout the process of creating media will be examined.
Students draft and negotiate contracts, draft client correspondence, and create client
files. The skills learned in this course are applicable to drafting and negotiating
transactions in many areas of law. (This course may satisfy the Practice Oriented Writing Requirement OR the Experiential
Course Requirement; one course cannot satisfy both requirements at the same time.
This course is an approved elective for the Entertainment Law Certificate and the
Business Law Certificate.)
Entertainment Law (3) Law-7538
This course explores the legal issues connected with the development, production,
and exploitation of entertainment product, focusing predominantly on filmed entertainment,
to some extent on musical compositions and recordings, and incidentally on other forms
of entertainment. The course examines the legal doctrines, statutes, case law and
agreements that fall under the umbrella of “entertainment law.” Topics will be drawn
from the following: the structure of the entertainment industry, contractual issues,
right of publicity, selected copyright and trademark issues, non-literary rights,
credit, compensation and control, ethics and regulation of talent representatives
such as agents, lawyers, and managers, and the legal and business controversies surrounding
“newer” and emerging technologies and distribution methods. Copyright law is not a
prerequisite, and this course should not be considered as a replacement for the copyright
course. (This course is a core requirement for the Entertainment Law Certificate.)
Entrepreneurship and the Law (3) Law-7944
Today’s firms demand more than legal proficiency. They are all looking for rainmakers
who can bring in significant amount of business to their firm. Rainmakers aren’t built
by accident, and they aren’t just born. This class will walk you through how to bring
in clients to a firm you work for, or your own firm. We will cover topics such as
clients trust in you, expertise, marketing, business acumen, and real case studies
of how lawyers built their firms from $0 to 7 and 8 figure books of business. Whether
you are going to work for a firm or start your own, every lawyer should have the skillset
to build a book of business that will make them (a) more marketable, (b) less expendable
and (c) able to dictate their compensation, terms of employment and put them in the
driver’s seat.
Environmental Law (3) Law-7541
This course constitutes an analysis of the ends and means of environmental protection
through study of statutes, administrative regulations and practices, and judicial
decisions treating the protection of the environment in the United States. Topics
may include statutes that regulate pollution emissions (e.g., Clean Air Act, Clean
Water Act); procedural requirements (e.g., National Environmental Policy Act, California
Environmental Quality Act); administrative law (e.g., standing, standards of judicial
review); hazardous and toxic substances and wastes; risk assessment and management;
natural resources and wildlife conservation; enforcement and liability; and environmental
justice. (This is a core requirement in the Certificate in Environmental Law, Land Use, and
Real Estate Law. The grade in this course is based on a paper.)
Estate and Gift Taxation – (3) Law-7833
A comprehensive study of the federal wealth transfer tax system, including the gift
tax, the estate tax and the generation-skipping transfer tax. Coverage includes the
tax treatment of property owned at death and property transferred during life, the
marital and charitable contribution deductions and other deductions and credits. The
course includes procedural and valuation issues, including related income tax basis
planning. Non tax law aspects of estate planning are also studied for taxable and
nontaxable estates. (Prerequisite: Federal Income Tax. This course is a core requirement for the Certificate
in Taxation.)
Estate Planning - (2) Law-7837
An estate planning course, looking at both small and large estates, with consideration
of lifetime and testamentary dispositions of property, the use of the marital and
charitable bequests, and the use of life insurance. The course will look at the drafting
and use of estate planning documents, such as wills, inter vivos trusts, insurance
trusts, living wills and durable powers of attorney and provide an overview of special
issues for estates including substantial closely held business interests.
Ethics in Tax Practice (2) Law-7887
An examination of the statutory, regulatory and ethical standards governing those
who practice in the tax field, including the application of the Model Rules of Professional
Conduct to tax practice, Circular 230 (governing those admitted to practice before
the Internal Revenue Service), and provisions of the Internal Revenue Code and the
Treasury Regulations governing return preparers, with lesser attention to provisions
governing CPAs and other federal statutes, such as the federal conflict of interest
statute. Among the areas covered are advertising and solicitation, return preparation
and advice, dealing with the Internal Revenue Service in the audit and appeals process,
confidentiality, conflicts of interest, and uncooperative clients.
Family Law (3) Law-7542
This course will cover California family law. It will be a doctrinal class. The following
topics will be covered: cohabitation and marriage; divorce and annulment; parentage
and child custody; spousal support and property division; and domestic violence. It
may also include one or more of the following topics: adoption, surrogacy, in vitro
fertilization, and international child adoption. The class will be helpful for taking
the California bar and practicing family law.
Federal Courts/Jurisdiction (3) Law-7543
This course examines the scope of the federal judicial power and the role of the federal
judiciary in our constitutional system. It considers the relationship of the federal
courts to the legislative and executive branches of the federal government, and the
relationship of the federal courts to the state courts. As such, class discussion
naturally focuses on separation of powers and federalism principles. Topics may include
Supreme Court jurisdiction, congressional control of federal court jurisdiction, justiciability,
non-Article III courts, state sovereign immunity, federal court abstention, section
1983, federal review of state court decisions, and federal habeas corpus. (Prerequisite or concurrent enrollment: Constitutional Law.)
Federal Income Tax (3) Law-7133
This course introduces students to the system of federal income taxation of individuals.
The tax system is studied with emphasis on basic concepts rather than detailed computations.
Significant attention is given to the public policy served by various provisions of
the Internal Revenue Code. Primary consideration is given to principles and policies
relating to the taxation of individuals including procedure, income, deductions, gains
and losses, and transactional aspects of income taxation. The Internal Revenue Code
and Regulations are emphasized.
Note: This course is a J.D. graduation requirement for students who matriculated at the Law School prior to Fall 2021. This course is a core requirement for the Certificate in Taxation Emphasis and the Certificate for Business Law Emphasis. Students interested in the Tax Emphasis Certificate must take this course in the 2L year as it is a prerequisite for other tax courses.
Advanced Federal Income Tax (2) Law-7879
This course is a continuation of the basic Federal Income Taxation course. It includes
federal income tax topics that are not generally addressed in detail or at all in
the basic course, such as: in-depth coverage of tax accounting issues, taxation of
intellectual property, taxation within families, tax consequences of litigation, alternative
minimum tax, employee benefits and deferred compensation, and an introduction to basic
issues of tax policy. This course is a core requirement for the Taxation certificate.
(Prerequisite: Federal Income Taxation.)
Federal Tax Research – (2) Law-7889
An area often ignored in traditional legal research courses is the array of materials
dealing with tax matters. These specialized materials are often separated from other
library materials, and many practicing attorneys possess little ability to research
tax matters for their clients. This course explores techniques in tax research and
is also an extensive survey of primary and secondary sources in taxation. Classes
focus on online research; there are several homework assignments and a short final
paper. (Prerequisite: Federal Income Tax. This course is an approved elective for the Certificate
in Taxation.)
Financial Accounting (3) Law-7855
This course represents an introduction to accounting for students with little background
in the field. Initial emphasis is on established accounting principles and the analysis
of financial statements. The course’s perspective is that of a business attorney who
might use financial statements to advise clients in various legal settings (e.g.,
the drafting of financial contracts and the valuation of businesses). Applications
to securities law are also considered.
Note: This course is a core requirement for the Business Law Emphasis program; however, this may be waived upon verification that the student previously completed a comparable course in their undergraduate/graduate studies. The course previously taken will not be accepted in transfer, but it is only to waive out of this requirement for the emphasis. Students must contact the Associate Dean for Academic Affairs to request a waiver based on an accounting course previously taken.
First Amendment Law Seminar (3) Law-7325
This course is a study of the fundamental freedoms of speech, press, association,
and religion. In addition to considering the historical background, the course focuses
on specific challenges in First Amendment jurisprudence, including regulation of speech
in a public forum, access to the media, regulation of the press, symbolic expression, libel,
obscenity, commercial speech, picketing, right of association, loyalty oaths, legislative
investigations and government demands for information, separation of church and state,
free exercise of religion, state aid to religious schools, and regulation of religion-based
conduct. In addition, the course will provide instruction in advanced legal writing,
with the objective of producing an appellate brief will take the place of a traditional
final examination, and that will provide a high-quality writing sample as well.
Fundamentals of In-House Corporate Practice (2) Law-7854
This is a practical skills course in practicing as an In-House Corporate Lawyer that
introduces students to the fundamentals of working effectively in a high-functioning
corporate law department and prepares them for a career as an In-House Corporate Counsel.
The course will focus on developing a skill set for an in-house corporate generalist
addressing issues related to: corporate formation and administration, real property
acquisition, facilities management (e.g., construction contracts), work force and
labor issues (e.g., ADA compliance and workplace harassment/discrimination), litigation,
and the management and defense of intellectual property. Students will have the opportunity
to perform exercises relating to each of the substantive areas of in-house practice
through actual case studies of corporate legal issues and simulating actual assignments
as corporate counsel. Outside reading consists of articles and excerpts of published
materials. Class sessions consist of lecture, class discussion, practical exercises
and presentations, with some prominent in-house lawyers and general counsel as guest
speakers, and networking opportunities. (This course will satisfy the Practice Oriented Writing requirement.)
Immigration Law (2) Law-7552
This course provides an introduction into the examination of US law (constitutional,
statutory, and administrative) governing the entry, presence, and expulsion of foreign
nationals (aliens). Topics include sources of federal immigration power, immigrant
and non-immigrant categories, exclusion, admission, deportability, refugees, and unauthorized
migrants.
Information Privacy Law (3) Law-7574
Privacy and data security issues are becoming increasingly important to businesses,
individuals and governments in light of new information technologies and new threats
to their, and our national, security. From the Sony hack to the NSA to iPhone encryption,
information privacy law is now essential knowledge in boardrooms and courtrooms. This
course will provide an introduction to the constitutional and common law origins of
the law of privacy and to the statutory framework in California and at the federal
level for protecting private information. There will be no final examination; rather,
grading will be based on student writing and class exercises, such as oral arguments. This course will satisfy the Practice Oriented Writing Requirement.
Intellectual Property (3) Law-7555
This course surveys the primary types of intellectual property under federal and state
law. It emphasizes trademarks, copyrights, and patents while also addressing unfair
competition, rights of publicity, trade secrets, and protection of designs. The course
analyzes the rights and remedies associated with each type of intellectual property
that it covers, as well as the relationships between different types of intellectual
property. (This course is a core requirement for the Entertainment Law Certificate. It is also
an approved elective for the Business Law Certificate.)
International Business Litigation (2) Law-7510
This course deals with the litigation process in the United States when the subject
of the litigation involves a transnational business transaction. We will examine the
following topics: U.S. jurisdiction and other aspects of forum selection and forum
non conveniens; service of process of a U.S. lawsuit abroad; international discovery;
sovereign immunity; act of state; and enforcement of foreign judgments in American
courts. Emphasis will be on acquiring practical skills in both prosecuting and defending
international business litigation suits. (This course is an approved elective for the Business Law Certificate and the Entertainment
Law Certificate. This course will satisfy the Practice-Oriented Writing Requirement.)
International Business Transactions (3) Law-7559
This is a three-credit survey course designed to acquaint students with some of the
issues involved in the conduct of international business transactions. We will examine
the various methods of doing business abroad, moving from relatively simple to progressively
more involved transactions -- for example, beginning with a basic sale and financing
of goods across national borders to the establishment of a productive operation abroad
through foreign franchisees, technology licensing arrangements and finally, direct
investment in foreign enterprises. The last part of the course will focus on the resolution
of international commercial disputes.
We will study these transactions in a variety of political and economic settings --
economically developed nations, developing-country markets and non-market economies
in transition. Even though there will be some discussion of national controls and
international regulation of trade, for example, the World Trade Organization and the
North American Free Trade Agreement, the primary focus of the course is on private
international business law (sales contracts, trademark licenses, intellectual property
infringements, investment contracts, etc.). We will touch on an extensive range of
substantive laws, such as the law of corporations, commercial transactions and the
uniform commercial code, antitrust, intellectual property (copyright, trademark, patent),
conflict of laws, civil procedure, contracts, international trade as well as public
international law. Any knowledge or background in some of these areas will be helpful.
However, there are no prerequisites for this course.
The course is designed to help students become “practice ready.” That is, students
will learn transactional skills and work with actual contracts. In addition to learning
substantive laws and legal doctrine, students will also learn different strategies
of negotiation. Negotiation skills will be incorporated into and seamlessly mesh with
the substantive laws in different sections of the course. In this respect, students
will not only learn how to draft and mark up different types of contracts but will
also be exposed to different approaches to negotiation by engaging in simulated negotiations.
These simulated negotiations play out in different settings – transactions, dispute
resolution and other situations lawyers encounter in practice. (This course will satisfy the Experiential Course requirement. This course is an approved
elective for the Business Law Certificate and the International Law Certificate.)
International Comparative Law (3) Law-7524
This course, through readings and class discussion, documentaries, and guest speakers,
introduces the American law student to the rich legal traditions around the world.
We begin by examining English law, the legal system most comparable to our own and
which forms the basis of Anglo-American law. We then move to the European Continent
and civil law by studying law in Germany. The course then examines a non-Western legal
tradition by examining Chinese law. The tremendous growth of the Chinese economy and
the growing political importance of China in the 21st century is the motivation for
examining Chinese law. This course provides an important component of preparing the
future lawyer to practice in a globalized legal world. (This course will satisfy the Practice Oriented Writing Requirement. No final exam.
Grade is based on writing assignment.)
International Criminal Law (3) Law-7332
This course will study the development of international criminal law since the mid-20th
century. Study will include the main doctrines of international criminal law and procedure,
including concepts of jurisdiction, substantive international crimes and defenses,
modes of international criminal responsibility, procedures and attributes of various
international tribunals, and the strengths and weaknesses of international criminal
law compared to other mechanisms of enforcing international norms and obligations.
Ad hoc international criminal tribunals (e.g., Rwanda and the former Yugoslavia),
the International Criminal Court, and nationally-based prosecution and accountability
mechanisms will also be considered, with an emphasis on U.S. practice and policy in
this field.
International Environmental Law (3) Law-7557
One Earth. One Atmosphere. Nearly 200 countries. Immense economic differences. Numerous
irreversible environmental challenges. An intentional legal system with nearly no
compulsory jurisdiction. What can lawyers do? This the question that this course,
International Environmental Law will explore. The objective of the course is to explore
legal responses a range of environmental challenges, from climate change to ozone
layer depletion, biodiversity depletion, and human rights violations from environmental
harms. The course is designed to develop international lawyering skills, and to think
creatively in using law as a tool to address a host of critical environmental problems.
Students will not only acquire knowledge about treaties and other international environmental
law instruments, but also regarding intersection between domestic law and international
law in addressing environmental problems. Students will be encouraged to think critically
about the scope and limits of law, and to envision “out of the box” legal solutions.
(This course will satisfy the Practice Oriented Writing requirement and it is an elective
for the International Law Emphasis and the ENLURE emphasis programs.)
International Law & Organizations (3) Law-7558
This introductory course in international law, surveys the sources of international
law and some contemporary global issues and challenges. The course introduces concepts
of international law and how they achieve legitimacy through United Nations organizations
and conferences, the International Court of Justice, the International Law Commission,
treaty bodies, and state practice, as well as through other actors. The law of foreign
sovereign immunity and the act of state doctrine are considered along with the role
of international law in the U.S. legal system and the allocation of foreign affairs
powers between the President and Congress. Selected topics that may be explored include
international claims (including expropriation law), human rights, norms governing
the use of force, and the law of the sea and environmental issues. (This course counts for the International Law Emphasis Requirement and the required
Public International Law Class for the Emphasis.)
International Trade Law (3) Law-7556
In this course we will examine the trade commitments that countries have made under
the World Trade Organization (WTO), with emphasis on the United States' participation.
Trade laws are applicable and relevant in many areas of legal practice, for example,
international sales where goods and services are transferred across national borders
and licensing of intellectual property. Trade lawyers practice at the international
and national level, including trade bodies at the United Nations, the European Union,
and the WTO itself, as well in private international law firms and at government agencies
in the U.S. such as U.S. Customs, the U.S. International Trade Commission, the U.S.
International Trade Administration, U.S. Department of Commerce, and U.S. Trade Representative
Office, to name a few. As part of the course, we will discuss some basic provisions
of the central treaty, General Agreement on Tariffs and Trade (GATT), as well as some
specific agreements such as those related to rules of origin, antidumping, subsidies
and safeguards or escape clauses. We will also consider exceptions to trade commitments,
such as environmental and public health exceptions. We will also study these rules
within a policy framework that explores the economics of protectionism vs free trade
and the controversies between “free trade” vs “fair trade” and those related to outsourcing
or offshoring of jobs and the role trade rules play in this regard. (This course counts for the International Law Emphasis.)
Land Use Regulation (3) Law-7626
This course examines the politics, policy and law of land use development. The material
covers land use planning, zoning, subdivision controls, historic preservation laws,
constitutional and state law constraints on regulation, the economics and politics
of land development, growth controls, racial and class segregation, sprawl, affordable
housing policy, gentrification, environmental regulation, and much more. The course
blends traditional case readings with readings from urban theory, history, philosophy,
economics and sociology to give students a context for understanding modern land use
regulation. The course will have a take-home examination that counts for approximately
50% of the total grade, with the remaining percentage of the grade determined by a
series of short reaction papers assigned during the semester as well as class participation.
The take-home examination will have a strict word/ page limit. Students will receive
the final examination at the beginning of the exam period and have until the end of
the exam period to turn it in. (This is a core requirement for the ENLURE certificate.)
Law, Lawyers, and the Legal System in Film (3) Law-7546
The class focuses on film portrayals of law, lawyers, and the legal system as a means
of exploring questions of public policy, jurisprudence, professional responsibility,
and even personal philosophy and psychology –all through the lens of filmic storytelling
and filmmaking technique. Topics to be discussed include the adversarysystem, ethical
dilemmas, various lawyer-character archetypes, the jury system, the role of judges,
the tensionbetween popular notions of justice and certain legal regimes, and the strengths
and limits of the legal system as ameans of resolving disputes and providing remedies.
(This course is an approved elective for the EntertainmentLaw Certificate.)
Legal Analysis Workshop (3) Law-7504 California Bar Tested
This course will focus on two of the three portions of the bar exam: the performance
test and multiple choice. The performance test is a closed-universe test of your skills;
bar takers are given a task memo, a file (set of documents from which to extract their
client’s facts), and a library (a set of cases and/or statutes to determine the relevant
law). Bar takers have ninety minutes to determine what their task is, what the legal
issues and relevant law are, their client’s relevant facts, and to draft the legal
document they have been asked to write. This could be a memo, a portion of a brief,
a client letter, interrogatories, etc. This class will teach students how to approach
a performance test, what is expected of them, and how to accomplish the task within
the requisite time. This class also teaches students the necessary skills for bar
exam multiple choice questions, touching on Constitutional Law, Contracts and Sales,
Criminal Law, Criminal Procedure, Evidence, Federal Civil Procedure, Real Property,
and Torts.
Legal Writing Skills (3) Law-7575
This course is designed to develop legal writing skills needed for success in law
school, on the bar examination, and in practice. Among others, the course will review
and develop skills needed to prepare case briefs, answers to law school essay exam
questions, bar examination performance tests, internal memoranda, briefs, and client
letters.
Note: Any students who received a grade below 2.0 in Legal Research and Writing I and/or Legal Research and Writing II or if recommended by the LAWR professors must take this course as a condition of graduation. In addition, students who are required to take this course must do so during their second year of study. This course is open to all students, but priority may be given to students who are required to take it for graduation.
Mediation (3) Law-7581
This course focuses on different theories and approaches to mediation. Mediation is
gaining in importance as a mechanism for parties to heal differences without the expense
and trauma of litigation. The competent practitioner should understand how mediation
works and how to represent clients effectively in a mediation setting. Students in
this course have an opportunity to function as both advocates and mediators, using
a variety of techniques to resolve disputes. The course grade is based primarily on
papers assigned by the instructor. (This course is an approved elective for the Advocacy and Dispute Resolution Certificate.
This course will satisfy the Experiential Course Requirement.)
Mergers and Acquisitions (3) Law-7580
This is an in-depth review of the process, players, documentation, laws, rules and
regulations governing the purchase, sale and combination of business entities. Particular
attention will be paid to the practical implications of certain acquisition strategies
and the legal interpretation/implications of key document provisions. Students will
become familiar with the mergers and acquisitions process from initial feasibility
analysis through closing of the transaction, as well as post-closing implications
of certain strategic decisions by key players. Upon completion of the course, students
will have a basic familiarity with the steps required to conduct a business acquisition
and/or combination and the significant legal documents which form an integral part
of that process. The application of new technologies, including blockchain and cryptocurrency,
will also explored. (This course is an approved elective for the Business Law certificate. This course
will satisfy the Practice-Oriented Writing Requirement.)
Negotiations (3) Law-7816
Students will practice preparing for and conducting legal negotiations. Students will
learn about different approaches and theories of negotiation, develop their skills,
understand their negotiating preferences and those of others, as well deal with ethical
issues. Students will do simulated negotiations involving transactions, litigation
and other situations lawyers may encounter in practice. In addition to researching
and preparing for the negotiations, students will draft agreements and will be asked
to reflect upon and write about their learning. This course is a core requirement
for the Advocacy and Dispute Resolution Certificate. (This is a core requirement in the Certificate in Advocacy and Dispute Resolution.
This course is an approved elective for the Business Law Emphasis. This course will
satisfy the Experiential Course Requirement.)
Partnership Tax (3) Law-7886
This course concerns the federal income tax laws regarding partnerships (including
limited partnerships and LLCs, among others) principally found in Subchapter K of
the Internal Revenue Code. It covers the formation of a partnership; the operation
of the partnership and the allocation among its members of its income, deductions,
etc.; the transfer by the partnership of its property to its members; the disposition
by partners of interests in the partnership; and the consequences of a partnership’s
termination. There will be some emphasis on potential pitfalls for the taxpayer (and
the taxpayer’s advisor) in the law of partnership taxation as well as some debate
on the merits and demerits of other provisions of Subchapter K. (Prerequisite: Income Taxation for LL.M. Students. Federal Income Tax for J.D. students.
This course is an approved elective for the Business Law Emphasis.)
Patent Law and Practice (3) Law-7815
This course offers an in-depth exploration of patent law. The course covers standards
for patentability, the patent application process, claim construction, infringement,
defenses to infringement, and remedies for patent infringement. The course also includes
discussion and practical exercises related to the practice of patent law. We will
also touch upon the distinction between patent law and the law of trade secrets. Students
are not required to have a technical background to take this course. (This course is an approved elective for the Business Law certificate. This course
will satisfy the Practice Oriented Writing requirement.)
Practice Foundations--Civil (3) Law-7362
In this course, students will learn the basics of civil litigation from case initiation
to trial. Students will work in teams to draft and answer complaints, create discovery
plans, draft trial briefs, and argue their cases to the class. The class will also
discuss client interviewing, mediation, settlement, and trial. This course will satisfy
either the practice-oriented writing requirement or the experiential course requirement,
but not both requirements. (For students who matriculated in Fall 2021 or thereafter, this course will satisfy
either the Practice Foundation Transactions (PFT) requirement or the practice-oriented
writing requirement, or the experiential course requirement. One course cannot satisfy
two requirements at the same time.)
Practice Foundations -- Criminal Litigation (3) Law-7665
This course exposes students to the mechanics of criminal litigation. Students will
study the stages of the criminal process from charging through sentencing. There will
also be instruction in advanced legal writing techniques and students will produce
written briefs of the type frequently filed in trial courts in criminal litigation.
The course will heavily emphasize California practice and procedure, although there
will be some consideration of competing approaches taken in other jurisdictions. Students
will learn primarily through simulated exercises in which students will act as lawyers
litigating the various stages of a criminal case. Grading will be based on performance
in the simulated exercises as well as on several written exercises. This course is
strongly recommended for students interested in practicing criminal law. Students
in this course need not have taken Evidence or Trial Practice. Students must take
Criminal Procedure -- Police Practices before they may take this course, which replaces
Criminal Procedure -- Adjudicative Process. (This course will satisfy either the practice-oriented writing requirement or the
experiential course requirement, but not both requirements. For students who matriculated
in Fall 2021 or thereafter, this course will satisfy either the Practice Foundation
Transactions (PFT) requirement or the practice-oriented writing requirement, or the
experiential course requirement. One course cannot satisfy two requirements at the
same time.)
Practice Foundations Transactions (3) Law-7657
This course will introduce students to transactional law practice by exploring the
role of lawyers in executing business-related transactions. Students will participate
in exercises and simulated transactions that lawyers handle in practice. Students
will practice communicating with and advising clients, drafting documents, dealing
with other attorneys and handling transactions. Students will learn how transactional
lawyers add value and solve problems for clients by identifying client objectives,
understanding the business context of the matter, spotting legal and business issues,
evaluating options, and closing a deal. Students will receive feedback about their
progress and work.
For students who matriculated prior to Fall 2021, this is an upper-level course requirement and does not satisfy the practice-oriented writing requirement.
For students who matriculated in Fall 2021 or thereafter, may take one of the following: Practice Foundations Transactions (LAW-7657), Practice Foundations: Civil (LAW-7362), or Practice Foundations: Criminal Litigation (LAW-7665). This course will satisfy either the Practice Foundations (PF) requirement or the practice-oriented writing requirement, or the experiential course requirement. Once course cannot satisfy two requirements at the same time.
Preliminary Hearings (2) Law-8022
This course focuses on specialized, advanced topics in advocacy, and specifically
on putting on and defending felony preliminary hearings in California. The study will
include the timing of the hearing, the role of the defendant at the hearing, limitations
on the right to a public hearing, the holding order, evidentiary rules at the hearing,
and superior court review of the magistrate’s decision.
Professional Responsibility (2) Law-7139 California Bar Tested (MPRE)
This course is designed to master the law tested on the MPRE and the California Bar
exam on the subject of legal ethics. Students will focus on the ABA Model Rules of
Professional Conduct, the ABA Model Code of Judicial Conduct, the California Rules
of Professional Conduct, and relevant California state statutes. Topics include the
ethical rules governing attorneys in every facet of their practice. This course also
explores what lawyers must do when confronted with a request from a client that challenges
the lawyer's ethics and the conflict between the obligations to whistle-blow and to
maintain client confidentiality.
Real Estate Transactions (3) Law-7870
A study of various aspects of real estate transactions and financing. Topics may include
contracts of sale, brokerage, buyer-seller rights and obligations, title insurance,
development, commercial leasing, mortgages, deeds of trust, liens, foreclosure, receivership,
priorities, subordination, suretyship, securitization, tax considerations, and strategies
of negotiation and drafting. (This is a core requirement in the Certificate in Environmental Law, Land Use, and
Real Estate Law.)
Refugee Law (3) Law-7508
This course provides an in-depth analysis of refugee law from international, domestic
and comparative perspectives. The course examines the ancient and modern origins of
refugee law, the development of the 1951 Convention Relating to the Status of Refugees
and the 1967 Protocol to the Convention, and the domestic application of the principles
of the Convention and Protocol by the United States and other countries. Topics addressed
include the legal definition of persecution; refugee claims based on race, religion,
nationality, membership in a particular social group, political opinion, and gender;
and the practical aspects of representing individuals applying for refugee protection.
Readings include cases from the United States and other Convention signatory countries,
domestic statutes and regulations, United Nations High Commissioner for Refugees guidance,
scholarly articles, and other materials relating to refugee law. At the conclusion
of the course, each student will prepare a legal brief in support of a fictitious
client who is applying for asylum in the United States. Grades will be based on the
legal brief and class participation. There are no prerequisites for this course. This course will satisfy the Practice Oriented Writing Requirement. This course is
an approved elective for the International Law Emphasis Program.
Remedies (3) Law-7328 California Bar Tested
This course presents students with an analysis of the judicial remedies available
in the American system of jurisprudence. The course is designed to familiarize students
with the principles of the law of damages, the law of restitution, and equity and
equitable remedies. (Students with a first year cumulative GPA below a 2.6, but not in the bottom 25%
of their class, must take this course as a graduation requirement. Remedies with Practice
Lab, Law 7367, may be taken instead.)
Remedies and Practice Lab (4) Law-7367 California Bar Tested
This course presents students with an analysis of the judicial remedies available
in the American system of jurisprudence. The course is designed to familiarize students
with the principles of damages, restitution, and equitable remedies. (All students matriculating in Fall 2019 and thereafter, who at the end of their first
year of study are ranked in the bottom 25% of their class MUST take Remedies and Practice
Lab as a graduation requirement.)
Secured Transactions (3) Law-7605 – Uniform Bar Exam Tested
"No Money Down," "0% A.P.R.," "No Payments for 24 Months." Innocent enough in their
own right, each of these familiar phrases openly welcomes the consumer to the world
of secured transactions. Generally speaking, a secured transaction is one in which
a debtor borrows money from a creditor and designates property as collateral to secure
repayment of the loan. A classic example would be the financed purchase of an automobile.
Should the debtor fail to make the required payments, the secured party may take legal
action or (in some instances) repossess the property. Secured transactions fuel a
substantial part of the American economy. In this course, we will examine various
rules governing debtor/creditor and creditor/creditor relationships, addressing several
key questions: how do financial institutions protect themselves against borrower default,
what happens when the debtor files for bankruptcy protection, and who wins when similarly-situated
creditors must square off against each other in the fight for the debtor's vulnerable
assets? Given that many of the rules governing secured transactions in personal property
are found in Article 9 of the Uniform Commercial Code, we will frequently consult
its provisions. In laying a core conceptual foundation, we will also address secured
transactions in real property, including the ramifications of mortgaging property
and the legal and equitable rights of mortgagors and mortgagees prior to and during
the foreclosure process. In each session, we will apply the law to hypothetical problems
presented, and as a result, students completing the course will have a knowledge base
critical to the effective representation of average consumers, growing businesses,
insolvent/bankrupt debtors, and sophisticated financial institutions. The course provides
a solid foundation for courses in Bankruptcy Law. (For those students who might at some point consider taking the Uniform Bar Examination
(UBE), this is a bar-tested course on the UBE. As of July 2019, the UBE will be the
bar exam in 31 jurisdictions.)
Securities Regulation (3) Law-7606
This course covers the federal regulation of the distribution and sale of stocks and
other securities as a means of financing business operations. Students will closely
examine the Securities Act of 1933 and the Securities Exchange Act of 1934. The course
will explore such topics as the definition and nature of securities; the registration
and sale of securities to investors; exemptions from registration for public and private
offerings; the philosophy of mandatory disclosure rules; the work of the Securities
and Exchange Commission; the role of underwriters; civil and criminal liability of
corporate issuers, directors, and officers for fraud and manipulation of securities
markets; the regulation of brokers and dealers; and the unique professional responsibilities
of attorneys who practice in the securities field. It is recommended that students
successfully complete Corporations prior to this course. (This course is an approved elective for the Business Law certificate.)
Selected Topics in American Law (3) Law-7636 California Bar Tested
This is a skills-development course that provides students with an intensive substantive
review of selected legal material routinely tested on the bar exam and relevant to
law practice, including contracts, torts, civil procedure, criminal law and procedure,
real property, evidence, corporations, constitutional law, professional responsibility,
wills and trusts, community property, and remedies. Through the use of problems and
exercises in a bar exam format, students will become familiar with the techniques
for analyzing, organizing, and writing essay questions based on California law. This
is not a substitute for a bar review course, but a course on how to write good legal
analysis in a particular area in a short window of time.
All students entering their final year of law study ranked in the bottom 25% of their class MUST take Selected Topics in American Law in the fall semester and MUST take Advanced Selected Topics in the spring semester.
Because of the helpful and important nature of Selected Topics in American Law, all
students are strongly encouraged to enroll even if it is not required.
Advanced Selected Topics in American Law (3) Law-7676 California Bar Tested
The enrollment in Advanced Selected Topics in American Law in the Spring will give
priority to students entering their final year of law study ranked in the bottom 25%
of their class and will be a small section course with no more than fifteen (15) students
per section that will focus entirely on intensive writing practice in advance of the
Bar Exam. Advanced Selected Topics will thus not be offered in the Fall Semester.
All students are eligible for Legal Analysis Workshop, which will be offered both
in the Fall and in the Spring. (Advanced Selected Topics in American Law is only offered in the spring semester.)
Spontaneous Order and the Law (3) Law-7831
This course uses a combination of Socratic roundtable discussions of readings and
hands-on learning in laboratory experiments to explore how spontaneous, self-generating
orders emerge out of apparent chaos in law and economics. The three guiding texts
are Robert Ellickson’s Order Without Law, F. A. Hayek’s Law, Legislation, and Liberty, Volume 1: Rules and
Order, and Bart Wilson’s The Property Species: Mine, Yours, and the Human Mind. Students who take this course will learn how exchange systems work and how rules
of property emerge to undergird exchange. The course culminates in the students developing
their own theory of law and justice.
Sports Law (3) Law-7829
This course will cover selected legal issues in amateur and professional sports including
player draft and option systems; labor and employment relations in professional sports;
eligibility and discipline issues; agents and player representation; inter-league
disputes; buying and moving teams; sex discrimination in sports; and Olympic competition.
(This course is an approved elective for the Entertainment Law certificate.)
State and Local Government Law (3) Law-7576
This class combines the best parts of constitutional law, criminal procedure, immigration,
land use, municipal finance and more with insights from history, urban theory, urban
sociology and economics to create a unique learning experience focusing on the level
of government that affects our lives the most (but we think about the least). Topics
include the organization and operation of local government, municipal finance, land
use, housing, racial segregation, policing, eminent domain, redevelopment, annexation
and political geography, school districts, sprawl, suburbanization, urban revitalization
and gentrification, and intergovernmental relationships. This course blends traditional
case readings with readings from other disciplines to give students a context for
understanding modern local government. The course will have a take-home exam that
students can complete over the course of the final exam period that counts for approximately
50% of the total grade, with the remaining percentage of the grade determined by a
series of short reaction papers assigned during the semester as well as class participation.
The take-home examination will have a strict word/ page limit. (This course is an elective for the Certificate for Environment, Land Use and Real
Estate Law.)
Tax Procedure & Administration (3) Law – 7609
A study of administrative procedures and taxpayer rights and remedies in dealing with
the Internal Revenue Service, including assessment procedures; refund procedures;
administrative appeals, conference and settlement procedures; interest; collection
procedures, including tax liens and levies on property; transferee liability; limitation
periods and their mitigation; burden of proof; choice of forum; IRS summons; requests
for rulings and technical advice; and civil penalties. (Prerequisite: Federal Income Tax.)
Taxation of Business Organizations – J.D. (3) Law-7608
Problems in the taxation of subchapter K partnerships, subchapter C corporations,
and subchapter S corporations are covered by this course. Topics pertaining to partnership
taxation include the formation, operation, and termination of general and limited
partnerships. Class discussion is held concerning the definition of the partnership
and the possible treatment of a partnership and the possible treatment of a partnership
as an association. Topics pertaining to corporate taxation include tax treatment of
a corporation and a corporate shareholder with respect to corporate formation; organization
and property transfers, dividends and distributed income; accumulated earnings and
undistributed income; non-liquidating corporate distributions; collapsible corporations;
personal holding companies; and sale or liquidation of a corporation. (Prerequisite: Federal Income Tax. This course is a core requirement for the Certificate
in Taxation. This course is an approved elective for the Business Law certificate.
This course is also a prerequisite for JD students who wish to enroll in Corporate
Tax.)
Toxic and Mass Tort Law (3) Law-7611
Our technological society has spawned an explosion of toxic tort actions. Topics include
special statute of limitations problems in toxic cases, the complexities of mass litigation,
and problems of proof in toxic tort actions. The final exam in this course will be
a take home paper. This course is an approved elective for the ENLURE certificate.
Trademarks and Unfair Competition (3) Law-7824
This advanced course in intellectual property covers topics related to trademarks
and unfair competition. The course will address the economic and policy aspects of
trademark and unfair competition law in the federal and international systems, including
related areas of comparative advertising and consumer protection law, and their adaptation
to the internet age. The course will probe fundamental concepts like priority, use
in commerce, distinctiveness, likelihood of confusion, geographical indicators, dilution
and fair uses. Through a combination of assignments and guest lectures from diverse
California industries, students will be exposed to the challenges facing trademark
practitioners, including selection and federal registration of marks, licensing, pursuing
counterfeiters, defending against infringement claims, and assessing non-infringing
uses. During the course of the semester, students will be expected to undertake and
complete several practical assignments that together will apply toward satisfying
the course’s writing requirements (which is in lieu of a final exam). These may include:
conducting an initial trademark clearance search, preparing an opinion letter on the
availability of a mark for a new business, filing a (mock) intent to use registration
at the USPTO, preparing a cease and desist letter, drafting a trademark license, and
providing a client advisory on a recent case of interest. In addition to casebook
assignments, students will be responsible for monitoring and analyzing trademark and
unfair competition disputes in the news and presenting on them in class. (This course will satisfy the Practice Oriented Writing Requirement.)
Trial Practice (3) Law-7617
This is a practical skills course in advocacy which introduces students to the fundamental
components of a typical civil and criminal trial. It requires students to perform
exercises involving each component, and try a mock civil or criminal case from provided
problem materials. The course requires student participation in discrete exercises,
including jury voir dire, opening and closing statements, and direct and cross-examination.
(Prerequisites: successful completion of Evidence. This is a core requirement in the
Certificate in Advocacy and Dispute Resolution. This course will satisfy the Experiential
Course requirement.)
U. S. Taxation of International Income (3) Law-7880
An introduction to the U.S. taxation of international transactions, with consideration
of policy and jurisdictional issues involved in the U.S. international tax laws and
the U.S. tax treaty network. Topics covered will include source of income rules, taxation
of foreign persons with passive U.S. investments, taxation of foreign persons operating
a U.S. trade or business, taxation of foreign-owned U.S. real property interests,
the branch profits tax, and the effect of U.S. tax treaties on such “inbound” transactions.
The course will also cover the U.S. taxation of worldwide income of U.S. citizens
and residents, including the U.S taxation of “outbound” transactions (foreign activities
of U.S. persons), the recent changes to U.S. taxation of foreign subsidiaries of U.S.
parent companies, the effect of U.S. tax treaties, and the foreign tax credit mechanism.
(J.D. Prerequisite: Federal Income Tax. LL.M. Prerequisite: Income Taxation for LL.M.
Students.)
Water Law (2) Law-7620
This course examines legal controls on a scarce natural resource that is essential
to human life, our natural environment and economic development. Topics include California’s
unique methods of allocating and distributing water; water suppliers and regulatory
agencies; prior appropriation doctrine; riparian water rights; groundwater; federal
and Indian reserved water rights; environmental controls; the relationship between
water and economic development; and the role of the community and interested groups
in water policy. This course is an approved elective for the ENLURE emphasis certificate.
Wills and Trusts (3) Law-7334 California Bar Tested
This course examines rules pertaining to intestate succession; testamentary dispositions;
execution, modification, and revocation of wills, testamentary capacity and will contests;
interpretation of wills; protection of spouse and children; and the use of will substitutes.
The creation, types, and characteristics of trusts are also examined, including coverage
of the construction of trusts, and trust administration. (Students with a first year cumulative GPA below a 2.6 must take this course as a
graduation requirement.)
Wills and Trusts Practice Lab (1) Law-7355
The lab course is a mandatory supplement to Professor McConville's Wills and Trusts
Course. It is limited to students enrolled in Professor McConville's course. This
course is intended to give students an opportunity to learn some of the “real life”
skills involved with running a wills and trusts practice. The class will emphasize
communication and writing skills. As needed, the class will provide information that
will supplement and reinforce the material in the main Wills and Trusts class. Topics
will center on the key elements of practicing as a wills and trusts attorney. Students
will be required to perform several oral and written assignments throughout the semester,
some or all of which might be completed in groups of two or more. Certain projects
will require class participation. Specific drafting assignments may include letters
to clients and beneficiaries; memoranda to the file memorializing discussions with
the client or other issues that arise in the course of representation; portions of
briefs; wills or will provisions; trusts or trust provisions; powers of appointment;
and powers of attorney. This course satisfies the Practice-Oriented Writing Requirement.