JD Elective Courses
Students complete their JD degrees by taking elective courses that allow for specialization and build on practical skills gained through the core curriculum.
Our curriculum includes a rich offering of electives from Accounting for Lawyers to Death Penalty
Law to Information Privacy. Some students decide to specialize in a particular area of law by
pursuing a certificate or completing an elective cluster.
Elective clusters, listed to the right,
offer concentrated study for students who wish to pursue particular career objectives or develop specialized skills. Elective clusters are numerous, exploring topics such as advocacy, family law, environmental law, and taxation.
The electives grouped within each of the clusters have common fundamental or conceptual
elements, though many of the clusters include a wide range of courses with diverse substantive content and instructional methods. A student interested in gaining some general familiarity with a subject area should consider taking one or more of the basic courses in an elective cluster, while a student intent on concentrating study in the subject area is advised to take all of the basic courses,
as well as more advanced coursework. Faculty members are happy to provide advice on the selection and sequencing of courses.
A | B | C | D | E | F | G | H | I | J | L | M | N | P | R | S | T | V | W
Accounting for Lawyers (3 units)
This course will provide a technical and conceptual foundation in financial accounting skills which are relevant for attorneys who advise business entities. Accordingly, this course will emphasize the interpretation and use of financial statements and accounting schedules in the practice of law and their related legal implications. This course will be very different from most tradition Law School courses which typically employ an extensive study of relevant case law; instead, this course will primarily focus on interpreting relevant accounting pronouncements and concepts.
Administrative Law (3 units)
This course considers the relationship between agencies and the other branches of government, the rulemaking and adjudicatory procedures by which agencies implement congressional statues, and the role of the courts in reviewing agency actions. The course will examine the tension between allowing agencies the flexibility to manage complex regulatory and benefit programs efficiently, while at the same time ensuring fair treatment and accountability to those they serve. Since many lawyers practice in regulated areas -- such as food and drug law; housing and zoning law; energy law; communications law; business, corporate and securities law; employment and labor law; environmental law, and other regulated fields -- this course can be very valuable in understanding the regulatory process and agency operations.
Advanced Constitutional Law (3 units)
This course builds upon the required Constitutional Law course, offering a more in-depth analysis of Individual Rights. We will compare broadly across various constitutional doctrines that protect both equality and liberty. For the purpose of gaining a more holistic perspective of constitutional adjudication, we will focus on a close reading of select cases in their entire, unedited, original versions. Also, we will emphasize historical lessons about the relationship between social change and constitutional interpretation, and also highlight contemporary constitutional controversies. Your thorough preparation and lively participation will be necessary to enrich our experience together. Prerequisite: Constitutional Law.
Advanced Criminal Procedure (3 units)
An in-depth historical analysis of the fundamental rights of the criminally accused focusing on the Fourth, Fifth, Sixth and Eighth Amendments. This course explores the Supreme Court’s changing perspective on criminal law, particularly the period from the Warren Court decisions of the 1960's to the present Roberts Court perspective. The course includes various practical demonstrations on the utilization of constitutional criminal procedure in the litigation of criminal cases. Pre-requisite: Criminal Procedure.
Advanced Issues in Employment Discrimination Seminar (3 units)
A seminar in which students explore cutting-edge issues in employment discrimination law and engage in the process of academic writing. Each student prepares a paper on an employment discrimination topic of his or her choice and presents it to the class during the term. Prerequisite: Employment Discrimination (highly recommended).
Advanced Legal Research & E-Research (2 units)
A course designed to teach "real-world" legal research skills that will prepare students for the research challenges they will encounter in legal practice. Assignments, lectures, and regular hands-on in-class exercises will emphasize cost-efficient research strategies, legal technology and current resources for attorneys, as well as Internet research. Written assignments will emulate research assignments typically given to attorneys new to practice. Students who completed California Legal Research are not eligible to enroll.
Alternative Dispute Resolution Survey (3 units)
A general introduction to the field of ADR. This addresses the enforceability of arbitration and other alternative dispute resolution agreements, as well as the ethical issues raised in the field. A series of simulations will be used to introduce students to the theories and skills used in negotiation and mediation.
Animal Law (3 units)
A survey of the law’s understanding and treatment of animals by looking at the development of federal and state policies toward wild, domestic, and companion animals. Specific topics may include the history of animal law, the concept of animals as property, the application of tort and remedies law to injuries by and to pets, protection of animals by cruelty and other laws, and constitutional issues raised in cases involving animals.
Antitrust (3 units)
A study of federal and state laws promoting a free market economy. The course also considers some aspects of the competition laws in their international application including the laws of jurisdictions outside the U.S. The focus is on legal prohibitions against price fixing combinations, restraints of trade, monopolization of markets, and anti-competitive mergers. The main laws studied are the federal Sherman Act, Clayton Act, and Federal Trade Commission Act. Emphasis is placed on the ability to evaluate the antitrust risks present in proposed business and marketing plans.
Antitrust & Intellectual Property Law (2 units)
This course examines both antitrust and intellectual property law in depth with a special emphasis on the relationship between those laws, how they generally complement each other to promote innovation through competition for the public benefit while occasionally conflicting with each other. The course will analyze various intellectual property licensing practices under governing antitrust principles, the extent of a patent owner's right to exclude others from technology markets, joint licensing practices, antitrust risks in the prosecution or settlement of intellectual property claims, the adoption of industry standards for intellectual property, and a comparative analysis of antitrust liability and patent misuse.
Appellate Advocacy (3 Units)
An advanced advocacy course that teaches the complementary skills of brief writing and oral argument at a sophisticated level
Arbitration (3 units)
This course explores arbitration as a means of dispute resolution. The course is designed as both a lecture and practice course. The lecture portion of the course describes legal principles applicable to arbitration derived from statutory and decisional authority. In the practice portion of the course students draft arbitration agreements, advocate for and against arbitration, and experience the differences between advocacy in arbitration and advocacy in court.
Art Law (2 units)
This course covers contemporary legal, ethical, and public policy issues that involve visual artists (primarily painters and sculptors) and art collectors, dealers, auction houses, and museums. It explores diverse issues comprising a broad area of legal practice including, where appropriate, comparisons with laws of other countries. The focus is on artists’ continuing rights in works; the application of intellectual property laws to visual art; how theft, forgery, and contracts affect the art market; regulation of the art market; and government subsidy and control of art. When time allows, the course also looks at museum administration; protection of national art treasures; and international cultural property issues.
Asian Legal Systems (2 units)
This course examines the constitutions and legal systems of the leading countries in East Asia, including China, South Korea, Japan, the Philippines, Taiwan, Indonesia, Thailand, Malaysia, and Vietnam. The focus will be on business laws, competition laws, human rights, intellectual property laws, and dispute resolution mechanisms. The court system of each country is examined along with the cultural, historical, and religious antecedents of each legal system which influence the role of the law in that country at the present time.
Bankruptcy (3 units)
A study of creditors' rights and debtors' protection under the Federal Bankruptcy Code. The course provides an overview of liquidation and reorganization, both for individuals and corporations. Debtor-creditor relations under state law are also considered, both as an alternative to bankruptcy and as they relate to proceedings in bankruptcy.
Bioethics and Law (3 units)
Focusing on the interface of law, medicine, and ethics, this course will examine issues concerning reproductive rights, death and dying, medical research, genetic technology, access to health care and health care decision making.
Biotechnology Law (2 units)
An overview of intellectual property and regulatory issues impacting the biotechnology and pharmaceutical industries. Basic principles of licensing, litigation, and international law will also be discussed. The course focuses on the impact of the legal system on research, products, and intellectual property for companies and institutions. Consideration is given to: (1) How do legal issues promote or hinder the development of technology, (2) What role should ethics and public health concerns play in the law, and (3) Does a “one size fits all” patent law make sense for biotechnology. A prior course in intellectual property law or some life science background is helpful but not required.
California Environmental Law (3 units)
An exploration of key aspects of environmental law practice in California, such as Proposition 65 (a unique and frequently litigated law that governs toxics warnings and discharge limitations), CEQA (California’s environmental review statute), hazardous substance liability laws. The course introduces the most significant California regulatory agencies and their practices. It also examines the complex interplay between federal and state environmental laws and regulatory structures.
California Legal Research (2 units)
Designed primarily for second, third, and fourth-year law students who are planning to practice law in California, this overview course will provide practical legal research skills to help prepare students to conduct legal research as clerks, interns, or new attorneys. Assignments, lectures, and regular hands-on in-class exercises will emphasize cost-efficient research strategies, print and online legal materials, and law practice technology. Written assignments will emulate research assignments typically given to attorneys new to practice. Lectures and assignments will focus on California law, court systems and practice materials. Students who completed Advanced Legal Research are not eligible to enroll.
Carriage of Goods/Passengers by Sea (2 units)
An introduction to the law governing international transportation of cargo and passengers by ocean carrier, including a comparison of the duties and liabilities arising from the transportation contracts. The course examines both statutes and federal common maritime law. The carriage of goods portion of the course focuses on the ocean bill of lading that is the primary document in the vast majority of international transactions for the sale and delivery of goods. The carriage of passengers portion of the course examines the basic duties owed to a passenger by an ocean common carrier and contrasts the liability scheme applicable to a passenger common carrier with that of a cargo common carrier.
Children's Rights (3 units)
A survey of cases and law on the rights children possess within different settings and/or stages of their lives. Coverage will include the rights of children within the hospital setting, while at home and within the family, while at school, at work, or when they have been arrested or have been made wards of the court. It also touches on the varied problems of children and their rights when injured, neglected, or abused.
Chinese Law: Contracts (2 units)
A close study of Chinese contract law, a foundation course in law schools of China. The course will examine the formation of a contract, classification of contracts, capacity of parties, contract interpretation, performance and breach, and compare Chinese and American contract law. Students will also be introduced to principal legal issues of Chinese contract law.
Chinese Legal System (2 units)
This course will provide an overview of the key areas of Chinese law, including civil and criminal law, constitutional and administrative law, and economic and financial law. It will focus especially on the framework of Chinese law in different fields: law-making, law-enforcing, legal profession and legal education. It also examines the legal system of China, form its cultural basis to the implication for modernization and China's participation in the international community.
Chinese Topics in Business Law (2 units)
This course surveys the laws and institutions in P.R.China that regulate business organizations and transactions. Topics to be addressed include business organizations and China foreign-investment law. The course includes a focus on related practical implications to be taken into account from the viewpoint of foreign investors. The course is important for students intending to advise clients regarding investing or doing business in China.
Commercial Law: Sales (3 units)
A study of the legal rights and obligations arising from sales and leases of goods. The course includes coverage of Articles 2, 2A, and 6 of the Uniform Commercial Code and other sources of sales and leasing law, including the UN Convention on Contracts for the International Sale of Goods (CISG) Following an examination of formation, terms, and enforcement of sales contracts and leases, one or more of the following special topics may be covered in depth using practice exercises: (1) liability for loss or injury caused by defective products; (2) product performance and consumer rights and remedies; and (3) drafting and negotiating sales contracts and personal property leases.
Commercial Transactions (3 units)
A basic introduction to Commercial Law surveying, primarily, Articles 2, 3, and 4 of the Uniform Commercial Code. Coverage includes an examination of the reciprocal rights, duties and responsibilities of sellers and buyers of goods. The course also examines the payment system, focusing on the principles of commercial paper and bank deposits and collections, including the relationship of the commercial bank and its customers.
Community Property (2 units)
A survey of the development and operation of the community property system in California. Particular emphasis is placed on an analysis of the creation of and nature of interests in community property and the distinction, sources, and classification of individual and community property. Coverage includes vesting of rights, transmutations, presumptions, tracing, commingling, and apportionment and disposition of property upon death or lifetime dissolution of marriage. Pre-requisite: Property.
Comparative Law (2-3 units)
The course offers an overview of the legal systems of Western Europe, Latin America, Asia and Africa. The civil law tradition, which forms the basis for most of the legal systems of Europe and Latin American and many of the legal systems of Asia and Africa, is examined in depth. Islamic Law and traditional African and Asian law are also considered. Comparative constitutional law in each of these traditions is a large part of the course. Recommended prerequisite: Constitutional Law
Complex Civil Litigation (3 Units)
A course in advanced civil procedure which focuses on procedural problems arising in multi-party and/or multi-forum cases, especially in "mass torts" such as asbestos, IUD, breast implant and tobacco cases, including class actions. The problems discussed include: the recent history of mass tort litigation; review of class actions and other devices for consolidated resolution of "common issue" cases in federal and state courts; a comparison of class actions in federal and state courts; problems of "nationwide" class actions; competing class actions; problems of federalism; discovery problems in complex cases; problems of aggregative determinations of damages; and court control of settlements and attorney fee awards
Constitutional Rights in “New Europe”: Central European Perspectives (2 units)
An examination of constitutional developments in New Member States of the European Union, especially the Czech Republic, Hungary, Poland and Slovakia, since the collapse of communism in 1989. The course focuses on democratic constitution-making and the development of constitutional rights culture in those countries in the last two decades. All major issues of constitutional rights are discussed within the context of European integration and recent attempts at the EU constitution-making.
Construction Law (2 units)
A class that provides a broad, basic understanding of construction law including methods of contracting and issues in the context of construction disputes.
Contemplative Lawyering (2 units)
This class will expose students to contemplative practices derived from a variety of religious and secular (wisdom) traditions to help them develop lawyering skills that are essential in litigation and transactional practices, including interviewing, counseling, negotiating, problem-solving and advocacy. These lawyering skills require the personal capacity to focus without distraction; to respect and empathize with clients and colleagues; to listen and explain with open-mindedness and patience; to inject creativity into problem-solving; to facilitate productive communication among adversaries; to deal constructively with conflict; and to engage in honest and fearless self-critique. In order to develop these underlying abilities students will learn about and perform various contemplative practices and apply these practices to their own actual legal experiences (e.g. law school studies and externships/internships) in an iterative process. Development of these abilities will be supported by assigned readings, class discussions, writing assignments and regular contemplative practice. The ultimate goal of the class is to enable students to cultivate essential lawyering skills in a manner conducive to practicing law as thoughtful, grounded and moral people.
Contracts Drafting (2 units) This course provides introductory, hands-on training in the basic techniques of contract drafting. It is designed to help students acquire general tools and skills applicable to various types of contracts. Students will learn to: translate the terms of a business deal into contract concepts; draft a logically-organized, precise, enforceable contract in plain English; edit the contract to reflect client input and negotiated changes; grapple with ethical issues arising during the contract drafting process; and read, analyze, and critique contracts drafted by others.
Copyright Law (3 units)
A survey of the exclusive property rights given to authors, artists, designers, computer program writers, composers and performers under federal and state law. Emphasis is placed on the ability to advise both creators and users of data, information and creative works. Coverage is also given to related rights such a moral rights, and the right of publicity.
Corporate Accountability and Social Justice (2 units)
A seminar exploring corporate social responsibility and considering the impact of corporate activities on human rights and the environment. Students will gain an understanding of the legal norms of accountability emerging from international human rights doctrine, regional jurisprudence and U.S. case law. Topics covered will be include paramilitary security forces, control of water supplies and other natural resources, pollution and toxic dumping in minority communities, and climate change.
Corporate Governance (3 units)
An exploration of the issues and principles related to an organization’s corporate governance, focusing on the interrelationship of an organization’s shareholders, directors and management. The course surveys and analyzes recent changes to organizations’ corporate governance structures and operations; the roles, duties and legal liabilities of an organization’s directors and officers; and the increasing federalization of areas of corporate governance that traditionally had been governed under state corporation law. Particular emphasis will be given to the Sarbanes-Oxley Act of 2002.
Corporate Taxation (3 units)
An in-depth study of the federal taxation of corporations and their shareholders. Coverage includes formation and capital structure; dividends and other distributions; redemptions, liquidations, and reorganizations; elections under Subchapter "S"; and some special problems affecting professional corporations. Pre-requisite or Co-requisite: Federal Income Taxation
Corporate Transactions (3 units)
This course examines the legal issues involved in several typical corporate transactions. Students are introduced to the “deal” process, substantive legal issues and deal terms, and then gain hands-on experience reviewing agreements and drafting documents related to corporate formation, ancillary matters, equity and debt financings, an asset sale transaction and a merger transaction. The class includes instruction on the process and components of structuring and effecting corporate transactions, with an emphasis on practical application. Prerequisite: Corporations; Recommended: Securities Regulation.
Corporations and Business Associations (4 units)
A basic course in corporate law, including the concept of the entity and its liabilities, management, promotion, financing, and organization. Coverage includes the issuance of shares, elections, and the proxy system; control devices and special problems of the close corporation; derivative suits and basic securities regulation.
Cyberspace Law (3 units)
This course studies the emerging body of law relating to cyberspace, focusing on the Internet and online services. The course considers how to adapt law to cyberspace, looking at case law, statutes, and other methods of regulation. Topics include jurisdiction, computer crime, electronic privacy, free speech in cyberspace (including online indecency), online torts (including spam and defamation) and intellectual property in cyberspace. While prior exposure to cyberspace is helpful, no special expertise is required.
Cyberspace Law Seminar (2 units)
Through preparation of a paper and class discussions of selected books and law review articles, this seminar permits students to delve into the debates raging in cyberspace legal scholarship. Students will consider how hard it is to afford strong intellectual property protection online while maintaining a vibrant public domain, to ensure safety and accountability online while not intruding on personal privacy, and to protect vulnerable members of the community while not trampling on online free speech. The relationship of technology to law and to society is also considered. Prerequisite: either Cyberspace Law, Electronic Commerce, or Information Technology Law
Death Penalty Law (3 units)
A course examining the law governing application of the death penalty in the context of the moral, social, and political questions raised by capital punishment. The course considers key issues, including the meaning and limits of the Eighth Amendment; attempts to enact constitutional death penalty statutes; jury selection; the roles of trial and appellate courts in the process; the effect of race in the application of the death penalty; and post-conviction review of capital sentences. Prerequisites: Criminal Law, Criminal Procedure
Directed Research (1 or 2 units)
A non-classroom course permitting independent and original research in a specialized area of the law under direction of a full-time faculty member.
California Civil Discovery (2 units)
Formerly: Discovery. An advanced course in the discovery and other related aspects of civil procedure. Emphasis is placed on the conduct and use (both at trial an in the negotiation of settlements) of oral depositions, written interrogatories, production of documents, and other discovery and disclosure techniques.
Discovery Practice (2 units)
Utilizing pretrial discovery methods in a practice environment, students learn how to draft written discovery, prepare for and take oral depositions, prepare document requests, and use other discovery methods in order to prepare a case for settlement or trial. There is additional emphasis on expert witness retention and discovery. Prerequisite: Discovery
E-DiscoveryAn intensive examination of the intersection of law, technology and practical issues involved in discovery in U.S. civil litigation and government inquiries. Focus on key procedural rules and decisions encompassed in this decade's ever-growing body of "eDiscovery" law. Topics will include: information preservation obligations; scope of data collections; legally defensible search methodologies; production formats; avoiding privilege waivers; and an introduction to proactive information-management policies.
Elder Exploitation, Abuse, and Related Issues (2 units)
Elders represent the fastest growing, yet among the most vulnerable members of our society. Topics include elder financial and physical abuse, undue influence, consent, conservatorship proceedings, EADACPA (Elder and Dependent Adult Civil Protection Act), nursing home litigation, duties performed by the Ombudsman, Public Guardian, Adult Protective Service workers, right-to-die, and end-of-life issues. Prerequisites: Criminal Law, Evidence
Election Law (3 units)
This course explores the federal and state laws that regulate the political process and elections, with a focus on California law. Specific areas covered include the right to vote, ballot access, redistricting, the nomination process, campaigning for office, campaign finance, the Voting Rights Act, the role of the courts in election disputes, political parties, election administration and voting systems, bribery and related ethics principles, and ballot propositions, including initiative, referendum and recall measures. No background in politics or political science is required. Recommended: Constitutional Law
Electronic Commerce Law (2 units)
This course explores typical U.S. and foreign legal issues arising from the international dimension of today’s world trade, e.g., establishing an electronic business, domestic and trans-border marketing and sales of goods and services via the Internet, licensing and enforcing copyrights, patents and trademarks, offering Internet access and other telecommunications services, and worldwide dissemination of information.
Employment Discrimination (3 units)
A survey of federal law prohibitions against, and remedies for, employment discrimination, including discrimination on the basis of race, ethnic origin, sex, age, and disability. The principle focus is on Title VII, the Age of Discrimination in Employment Act and the Americans with Disabilities Act, but California Law is also discussed. Among the issues covered are: the nature and proof of discrimination, justifications for discrimination, harassment as discrimination, the “reasonable accommodation” requirement, and innovative approaches in the field.
Employment Law (3 units)
This course surveys the rapidly evolving law of the workplace and the rights and responsibilities of employers and employees. Its focus is on the developing legal limits to the traditional “employment at will” doctrine. Common law topics include implied contract theories, the covenant of good faith and fair dealing, and wrongful discharge claims. The class also explores the trend toward statutory regulation of the workplace by analyzing some of the federal laws governing specific terms and conditions of employment. The class also introduces some of the issues arising from the intersection between employment and intellectual property law, including employers’ use of non-competition agreements and trade secret protection.
Employment Law Seminar (3 units)
Students explore advanced topics in employment law, as well as the process of writing academic papers. Each student prepares a paper on an employment law topic of their choice and presents it to the class during the term. Prerequisite or Co-requisite: Employment Law, Employment Discrimination, or permission of the Professor. Prerequisite: Employment Law, or Employment Discrimination, or permission of the Professor.
Entertainment and Media Law (2 units)
A study of legal and business issues which arise in the creation, distribution and sale of products and services in the music, radio, television, news media, publishing, theater, and movie industries. Coverage includes components on sex and violence in entertainment and the law; privacy rights and defamation issues; celebrity rights; fair use; the implications of technological innovations on intellectual property in entertainment; artistic credit and control; and emerging issues in the creation and digital distribution of content. Prerequisite: Copyright Law, or Intellectual Property Survey.
Environmental Law (3 units)
An overview of federal environmental law and regulation covering the primary common law approach to environmental issues, nuisance law, and addressing the major federal environmental statutes’ role in land use, pollution control, and liability for hazardous contamination. The course we will focus on the following themes: (1) How does the nature of an environmental problem affect the crafting of the legal response? (2) What are the primary ways in which pollution control mechanisms are or could be structured? (3) What are the economic and efficiency implications of various pollution control and liability policies? (4) What are the fairness implications of various pollution control and liability policies? (5) How does or should environmental law cope with the problem of scientific uncertainty? (6) How have concerns about federalism been manifested in pollution control law? (7) What are the respective roles of Congress, the executive branch, and the courts in shaping environmental policy?
ERISA (3 units)
An overview of pension, health and employee benefit law. The subject touches trusts, tax, labor, torts, insurance, investments, state/local legislation and family and estate law. Emphasis is placed on litigation subjects, such as denial of medical/retirement benefits, age discrimination, and fiduciary duty.
European Economic and Political Integration (1 unit)
A comparison of regional organizations created to integrate Europe with a focus on the constitutional arrangements of the European Union. A comprehensive understanding of the functioning of the European Union will be illustrated through an analysis of the free movement of goods, persons, services and capital among European countries as well as foreign and security policy of the Eurpean Union. A special emphasis is given to current and future relations between the European Union and the United States as well as to the role that the European Union can play in the international legal order and in foreign and security policy matters.
European Union Law (2 units)
An introductory course designed to give an overview of the law and institutions of the European Union (EU). The course will commence with a historical overview of the EU, followed by an examination of EU institutions and the sources and nature of EU law. The course will emphasize judicial interpretation and control of EU law. The course will also cover the issues of EU membership and enlargement, EU citizenship, EU internal market and EU external relations.
Evidence Advocacy (2 units)
A course emphasizing practical application of the rules of evidence to trial skills problems. During the semester students work through drills and exercises designed to enhance and clarify understanding of the Federal and California Rules of Evidence as well as improve trial presentation skills. Co-requisite: Evidence
Expert Evidence in Intellectual Property Litigation (3 units)
This course examines evidentiary issues of importance to intellectual property litigators. Emphasis is on considerations of what evidence to present and how best to present it to judges and jurors. Prerequisite: Evidence.
Family Law (3 units)
A study of the legal and policy issues involved in the regulation of the family. The course surveys state and federal law as it impinges on the family, including issues related to marriage, divorce, child custody, spousal abuse, child neglect and abuse, nontraditional families, and new reproductive technologies.
Family Wealth Transfer Taxation (2 units)
A problem oriented course involving an introduction to the various wealth transfer taxes: the Federal estate and gift taxes and the tax on generation-skipping transfers. The course will also present basic estate planning techniques including inter vivos gifting and marital deduction planning.
Federal Courts (3 units)
A study of the role of the federal courts in the constitutional system, with particular attention to the doctrines of separation of powers and federalism. The course will consider the constitutional and statutory jurisdiction of the federal courts, the various doctrines permitting the courts to defer or decline jurisdiction, and the relationship of the federal courts to state law and state courts.
Federal Income Taxation (3 units)
A problem-oriented introduction to the fundamentals of federal income taxation, particularly as they apply to individuals, including gross income, exclusions, deductions, assignment of income, capital gains and losses, non-recognition transactions, and income tax accounting. Emphasis is on the development of skills necessary for working with the Internal Revenue Code and issues of tax policy.
Financial Regulatory System (2 Units)
This seminar will examine existing financial entities, their functions and their existing regulators and legal framework for regulation. Failures by regulators which contributed to the present economic crisis will be discussed. Current proposals to change the legal framework of regulation emanating from the Administration, Congress, the states, international institutions and third parties will be considered. Other regulatory systems in Europe and Asia may be compared. The focus will be for the class to examine and consider the alternatives and develop recommendations for a new financial regulatory system. Seminar participants will prepare and discuss papers of approximately 20 pp in length. Grading will be based on the papers and class participation. The course is designed to provide students with a foundation for law practice in this new era of financial regulation.
First Amendment: Free Speech and Religion (3 units)
An overview of First Amendment freedoms: speech, press, and religion. The course examines contemporary theoretical approaches to understanding the First Amendment in several contexts including, obscenity, violent, hateful and threatening speech, Internet speech, artistic expression, defamation, privacy, advocacy and dissent, reporter’s privileges, commercial speech and anonymity, as well as the evolving religious liberty doctrines of nonedorsement and incidental effects. In each area there is an attempt to answer whether restrictions are justified and if so, the appropriate scope for such restrictions. Prerequisite: Constitutional Law.
Forensic Evidence (3 units)
The course is an advanced trial advocacy and evidence course concentrating on the preparation and presentation of scientific and technical expert testimony. The course explores treatment of scientific and technical testimony by the Federal Rules of Evidence and the common law. Students take and defend expert depositions and argue pre-trial motions to exclude expert testimony or other evidence. Pre-requisite: Evidence.
Gender and the Law (3 units)
A study of the construction and treatment of gender under the law. Students will critically examine a number of different feminist legal theories of gender equality and the application of these theories to law and social policy. Topics include gender-based violence, reproductive rights, intimate relationships, and gender identity discrimination.
Health Law (3 units)
An overview of the U.S. health care system with an emphasis on California law. Topics include access to healthcare, medical malpractice, informed consent (including experimental treatments and right to die), patient privacy rights, fraud and abuse, provider licensing (individual and facility) and regulation, managed care and insurance regulation, Medicare/Med-Cal, scope of practice regulation, and public health responses to health crises
Housing Discrimination Seminar: Residential Segregation (3 units)
After examining the history and causes of economic and racial residential segregation, the class critically evaluates legal and policy solutions to it. Legal responses are considered, such as federal fair housing law, the N.J. Supreme Court’s Mt. Laurel doctrine, and the Gauntreax litigation. There is an analysis of policies, including various federal housing and community development programs, a metropolitan revenue-sharing programs, and proposals to reallocate land use authority from local governments to regional entities. Prerequisite: Property.
Human Rights and Corporate Accountability (3 units)
Former title: Social Justice and Corporate Accountability, students may not earn credit for both courses.
A seminar exploring corporate social responsibility and accountability. Consideration is given to the current state of international law to regulate impact of corporate activities on human rights and the environment. The emerging legal norms of accountability under international human rights doctrine, regional jurisprudence and U.S. case law are also examined. Topics covered will include corporate pollution, use of paramilitary security forces, control of natural resources, and labor rights issues. Prerequisties (recommended): Human Rights Law or Public International Law.
Immigration Law (3 units)
An overview of U.S. immigration and citizenship laws, including the statutes and the public policy contexts, regulations and judicial decisions. Topics covered include nonimmigrant visas, how to obtain and retain lawful permanent resident status, exclusion at the border, grounds for deportation, deportation hearing procedures, relief from deportation, administrative appeals, federal judicial review, asylum, and citizenship and naturalization.
Information Privacy (3 units)
This course examines the legal protection of privacy. It explores the interaction of common law, constitutional law, and the patchwork of statutes that endeavor to protect privacy. Topics will include tort privacy claims, privacy of medical information, privacy and law enforcement, privacy and computerized records, and privacy at work.
Insurance Law (3 units)
This course is designed to provide a practical guide to the application of insurance to everyday legal practice. The course focuses on understanding, interpreting and enforcing coverage found in commercial general liability, property/homeowners, automobile, and other types of insurance policies, and also focuses on the potential liability of insurers for bad faith and extra-contractual damages. Emphasis is on the function of insurance in civil litigation, business transactions, protection of property and personal security, and the role insurance plays in shaping, and being shaped by, public policy.
Intellectual Property Litigation (2 units)
This course will focus on issues that must be dealt with in the course of evaluating for and preparing to enforce intellectual property rights through litigation. Procedural issues directed to discovery and litigation strategy as well as substantive issues directed to discovery, claim construction, defenses and damage theories will be evaluated in detail. Motion practice and Federal Circuit precedence as to issues typically addressed by way of summary judgment will also be addressed. Prerequisite: Patent Law.
Intellectual Property Seminar (3 units)
This seminar permits students to specialize in Intellectual Property by preparation of a paper and seminar discussion. Topic papers include advanced issues in all aspects of Intellectual Property law, from technical subjects such as patent and trade secret issues to trademark and unfair competition issues in marketing to entertainment law issues in the rights of publicity and privacy. Prerequisite: Intellectual Property Survey
Intellectual Property Survey (3 units)
A survey of rights under U.S. state and federal law for the protection of new technology and inventions (trade secrets and patents), business symbols and literary titles (trademarks), and industrial design (design patents), and rights in works of authorship (copyrights) While the course focuses on American law, it will also introduce students to various aspects of international intellectual property law. It is highly recommended that this course be taken as a foundation to for the advanced study of intellectual property.
Intensive Advocacy Program (3 units)
A two-week summer program in which students study pre-trial and trial advocacy skills under the guidance outstanding trial attorneys from the Bay Area and around the country. The program includes approximately 80 hours of lecture, demonstration, and practice workshops covering interviewing, taking and defending depositions, pre-trial motions, evidence, direct and cross-examination of witnesses, opening and closing statements, and voir dire. At the conclusion of the program each student conducts a jury trial. All students perform individual exercises related to each subject and are given extensive feedback on their performance. Many of the exercises are videotaped and there are additional critiques of the videotaped performances. The program is offered each year during the first two weeks of the summer break. Students who have completed a course in Trial Practice are not eligible to enroll. Prerequisite: Evidence
International Business Transactions (3 units)
This course examines the legal issues that arise when business dealings span different nations. The course begins with a discussion of the environment of international business, including an introduction to international trade law, the world economic environment, and international tax issues. Next, a series of representative transactions are explored, including export sales, agency and distributorship, licensing, joint ventures, and other strategic agreements.
International Civil Dispute Resolution (2-3 Units)
This course exposes students to the doctrines and skills of the international practitioner negotiating contracts, dealing with contract related disputes, and securing enforcement of transnational business arrangements for sales and investment. The substantive principles covered will include procedural mechanisms such as transnational service of process and taking evidence abroad. Principal subjects will also include jurisdiction, forum selection, enforcement of foreign judgments and a major emphasis concerning international arbitration. Students will apply the substantive coverage in skills exercises involving the drafting and negotiation of contracts.
International Development and the Rule of Law (2-3 Units)
The seminar begins with an overview of international development and the place of Rule of Law programming in the broader context. The concept of (human) rights-based development is introduced, as is the relationship between rule of law and economic development. The course then considers selected problems in the Rule of Law area. The problems include, but are not limited to, anti-corruption, court reform, criminal justice, empowerment of women and children, elections and political processes, various forms of economic development, and environmental protection. The final paper for the course will be a Rule of Law assessment for a particular topic in a particular country, the topic and the country to be chosen by the student writer, with the advice and consent of the professor.
International Economic Relations (3 units)
This course examines the legal structure of the international trade system. It considers the United States Customs and trade laws and policies impact on International trade. The impacts of General Agreement on Tariffs and Trade (GATT), the World Trade Organization (WTO), the North American Free Trade Agreement (NAFTA) and the movement of good within the European community. It reviews the impact of Tariffs and trade policies on the free movement of goods.
International Environmental Law (3 units)
This course is designed to provide students with a working knowledge of international institutions, an understanding of the major environmental problems facing the global environment, and insight into the difficult political, moral, and scientific issues facing the on-going development of international environmental law. Specific environmental issues to be considered include: air pollution, ozone depletion, climate change, water resources and pollution, hazardous materials, and endangered species and biodiversity. The course also briefly consider the connections between international environmental law, trade, and financial institutions. There are no prerequisites and no prior knowledge of international or environmental law is necessary or expected.
International Human Rights (3 units)
An introduction to international human rights documents and the procedures and mechanisms available for protecting and promoting human rights. It covers regional systems as well as the United Nations human rights bodies. It also includes the use of international human rights law in United States courts, addressing direct treaty application, customary international law, and its use as an interpretive guide. Readings on how to conduct fact investigation are also discussed.
International Intellectual Property (2 units)
A course in designed to prepare students for transactional work and litigation in an international IP practice with an understanding of some of the economic and cultural issues underlying IP law in other parts of the world. The course covers patents, trademarks, copyrights, unfair competition and trade secrets in the context of foreign laws and international agreements and treaties.
International Taxation (2 units)
An introductory study of the application of the federal income tax laws to nonresident aliens and foreign corporations and United States citizens, residents and corporations investing funds or conducting business in the international setting. Consideration is also given to the impact of bilateral tax treaties and tax planning for multinational business enterprises. Prerequisite: Federal Income Taxation
International Trade, the WTO, and the Environment (3 units)
A seminar exploring the relationship between international trade law under the WTO and the impact trade law has on the environment. The course focuses on environmental trade cases decided by the WTO that relate to public health and the environment, air pollution, food safety, and endangered species. Topics covered include: (1) the causes of environmental degradation and the interaction with trade law; (2) the structure, role, and function of the WTO as it relates to international environmental trade law; (3) the WTO dispute settlement process of environmental trade cases; and (4) the role of non-governmental organizations (NGOs) in WTO disputes. The seminar will also address emerging issues under the WTO related to energy security and accessions of new members such as China.
Judicial Process (1 unit)
This course is required for all students enrolled as part-time or full-time judicial externs. The class meets for seven sessions each semester to examine different perspectives on the judicial process and share judicial experiences. Prerequisite: Evidence, Co-requisite: Judicial Externship
Judicial Review (3 units)
The proper role of the courts in interpreting the Constitution will be studied in this seminar. The class analyzes various possible sources of guidance in judicial interpretation of the Constitution including text, history, popular opinion, moral values, and democratic theory. Over the course of the semester students will role play as lawyers before the Supreme Court and as Supreme Court Justices, briefing, arguing, deciding, and drafting opinions for some of the most important constitutional decisions in our history and some of the most controversial constitutional issues of today.
Juvenile Law (3 units)
This course examines the central areas of law that impact children, with emphasis on representing child clients in dependency cases, delinquency cases, and custody disputes. Students will become conversant with the seminal cases affecting children and the application of child advocacy through California statutes and case law. The course will be presented in a lecture format that encourages student involvement. Prerequisite: Criminal Procedure, Constitutional Law (recommended)
Labor and Employment Seminar (3 units)
Students explore advanced topics in labor and employment law, as well as the process of writing academic papers. Each student will prepare a paper on a topic (of their choice) and present it to the class during the term. Prerequisite or Co-requisite: either Labor Law, Employment Discrimination, or Employment Law.
Labor Law (3 units)
This is an overview of the statutory, administrative, and judicial decisions in the field of employer-union-employee relationships and the collective bargaining process. Emphasis is on the National Labor Relations Act and the cognate legislation as affecting union organization, representation and employee rights. The course will focus on the nature of the labor and management in the global marketplace.
Land Use Law (3 units)
Land is the focus of intense legal and social conflict. In this course, students learn the basics of land development and the regulation process (including zoning, planning, and subdivision law), with an emphasis on California law. The course explores contemporary land use struggles, including accommodating population and job growth, preserving the environment, providing affordable housing, and respecting property rights (“takings”) Prerequisite: Property
Law and Literature (3 units)
Lawyers are involved in a long term discussion of issues such as causation, moral responsibility and natural law. Sometimes the debate is carried on in jurisprudential, philosophical terms, but it has also been the subject of great narrative works of art. Shakespeare, Dickens, and Kafka, for example, constructed comprehensive artistic worlds in which these issues could be examined. Their work influenced other artists. Over time, artistic elements emerged which are now part of every lawyer’s world and work. This course examines artistic precedents which continue to define the life of a modern lawyer. Students will read Shakespeare, Dickens, Melville, Kafka, Shaw and Sophocles, and also consider certain modern films, including To Kill a Mockingbird.
The Law of Doing Business in Europe (2 units)
An examination of the main aspects of the structure of the European Union (EU) and the basic legal tools for American lawyers to represent American and other companies doing business in Europe. Fostering international trade is a core objective in the development and expansion of the EU. Open borders and the free movement of goods and services between member states could not have been achieved without special attention to eliminating protectionist "legal barriers". This course will cover Europe's substantive and procedural legal approach to international trade.
Law of Settlements (2 units)
This course prepares students for the most common outcome of any litigation: resolution by settlement. The course explores the theory and practice of settlements, including the fundamentals of settlement agreements, issues arising in complex matters such as class actions and mass torts, techniques for negotiating settlements, and procedures to enforce settlements.
Lawyering Skills: Leadership and Communication (3 units)
Formerly: Interpersonal Dynamics for Attorneys. This course teaches skills and competencies essential not only to leadership but also to effective negotiating, client counseling, and working cooperatively with other lawyers (co-counsel, partners, and other associates) Objectives of the course include increasing students' communication skills and also increasing students' awareness of both how they have an impact on others and how others have an impact they have on others. By becoming more aware of their own, and others, reflexive reactions, students will be better equipped to exercise conscious control over the choices they make and the way they react in negotiations, conflicts, and other interpersonal interactions. Class attendance and participation in interactive exercises is essential.
Legal Analysis (2 units)
The goal of this course is to improve a participating student’s legal analytical and writing skills. Student work products from their first year are evaluated to target individual goals. Students will review and further develop legal research, thinking, issue spotting, organization, synthesis, and analysis skills. Writing strategies and techniques will be applied to a variety of assigned problems. Extensive individualized written feedback will be provided throughout the course.
Legal Drafting (2 units)
Lawyers solve problems. Legal Drafting helps students solve problems by working on the skills lawyers use in their practice. The skills covered include: 1) Legal analysis, the ability to apply the law to the facts of a problem; 2) Fact gathering in preparing a case; 3) Fact analysis; 4) Lawyering tactics, both in the handling of a case and in the drafting of a document; 5) Ethical consideration in decision making; and, of course, 6) writing well. In developing their skills, students will draft or rework documents such as memoranda of law, points and authorities, briefs, investigation plans, discovery plans, depositions, closing arguments, affidavits and statutes.
Legal Issues and Terrorism, Post 9/11 (3 units)
An exploration of the tension between national security and civil liberties by studying the powers of the President and the Congress to declare and wage war -- including the Bush administration's assertion of unlimited executive power and the role of the Commander in Chief; application of the Geneva Conventions and other international laws and treaties to the War on Terror; roles of military commissions and administrative Dept of Defense hearings, the detentions of “enemy combatants;” the process of extraordinary rendition; Military Commissions Act of 2006; court decisions on Guantanamo and on enemy combatants; Bush administration memos regarding executive authority and torture; changes wrought by a new Obama administration; and the onset of “truth commissions,” prosecutions of former officials, reparations and other means of accountability.
Legal Scholarship Seminar (3 units)
An introduction to various legal theories and to writing legal scholarship. Classes are divided between exploring different legal theories and assisting students in preparing their own paper of publishable quality. The theories studied (including formalism, legal realism, feminism, critical race theory, gay legal theory, law and economics, and law and psychology) are intended to provide insights and inspiration for students in their own writing.
Legislation (2 units)
This course examines legislation in three major ways. First, the course will explore the legislative process to illuminate how a statute gets enacted. Second, the course will focus on the theoretical and practical aspects of statutory interpretation, including general theories of interpretation, the canons of statutory interpretation, and the use of legislative history. Finally, the course will tie these concepts together by giving the students the opportunity to enact their own legislation. This will entail writing legislative reports to support their proposed statutes and actually drafting the statutory language. The exercise will culminate in the students' presentation of their findings and the proposed statutory language, which will be put to a legislative committee vote.
Local Government Law (3 units)
Local governments impact the everyday lives of citizens more directly than any other level of government. They provide important services and control the physical development of land. They are major employers and offer opportunities for citizens to exercise their democratic rights. Constitutional law, statutory law and common law each mediate local governments’ myriad relationships with federal and state government. Using classic and contemporary legal problems, this course examines various types of local governments, how they are formed, their limited powers, how boundaries are revised, inter-local conflicts and regional issues. Prerequisite: Property
Maritime Law (3 units)
A survey of maritime law and the practices and procedures affecting today's maritime industry. Emphasis includes studies of admiralty jurisdiction; maritime torts to person and property; maritime liens and mortgages; maritime contracts, including transportation of cargo and marine insurance, the doctrines of limitation of liability, general average, salvage, and un-seaworthiness; and, the use of maritime remedies, such as vessel arrests and foreign attachment.
Marriage Law (2 units)
This course investigates the formation, maintenance, and dissolution of the legal institution of marriage. Topics covered include coverature, polygamy, incest, divorce, anti-miscegenation statutes, spousal control over medical treatment, and the contemporary debates over same-sex marriage. The course examines the ways by which the State regulates who and who may not marry, the authority of state statutes, federal law, and constitutional provisions over the marital relationship, the benefits and burdens that attach to marriage, and the influence that social mores, State interests, religious beliefs, and individual desires exercise over the right to marry. Literature and film will assist in illuminating the doctrinal tensions found in case law. Prerequisite: Constitutional Law (recommended).
Mediation (3 units)
An introduction to the theory and practice of mediation, the development of mediation skills, applications to different substantive areas, and emerging legal issues. Although the class will focus on the mediation process, communication skills, negotiations, and the spectrum of dispute resolution options will be introduced.
Murder: A Study of Deadly Human Violence (3 units)
This course considers the problem of deadly human violence through the lens of the law and non-legal cultural representations, including literature, film, and other materials. The course begins by examining the legal definitions of homicide, comparing that crime to assisted suicide, another killing which society condemns, and then considers motivations for killing and circumstances affecting responsibility. It also explores killings beyond “ordinary” murder – serial killings, mass killings, and state-inflicted homicide. Throughout, consideration is given to society’s pervasive fascination with murder, the depiction of murder in the law and culture generally, and how, if at all, those who kill differ from those who do not. Prerequisites: Criminal Law, Criminal Procedure.
Negotiation (3 units)
This course involves the strategies, tactics, skills and techniques of negotiation. In addition it will include a basic introduction to assisted negotiation in the form of mediation. The learning takes place through numerous role-plays, as well as through the study of negotiation theory.
Negotiation Skills (3 units)
This course teaches the essential negotiation skills of listening and assertion. There will be some reading and discussion of the tactics and strategies of negotiation, but the primary focus of the course will be on helping students learn and master assertion and listening skills. The learning takes place through intensive in-class practice, consisting primarily of role-playing, as well as practice outside of the class.
Partnership Taxation (2 units)
This course is an in-depth study of federal taxation of partnerships and partners. Coverage includes: classification of partnerships for tax purposes, transfers of property and services to partnerships, the treatment of partnership indebtedness, taxation of partner-partnership transactions, sales of a partnership interests, partnership distributions, liquidation of a partner's interest, liquidation of a partnership, and death of a partner. Prerequisite: Federal Income Taxation.
Patent Law (3 units)
An introductory patent law course which focuses on the fundamentals of patent law; patent infringement and patent damages; patent validity issues such as anticipation, obviousness, enablement, and best mode; and equitable aspects of patent enforcement, including the defense of inequitable conduct. Technical training is not required.
Patent Licensing (2 Units)
This seminar examines the basic elements of patent licensing transactions and is designed to provide the background needed to structure, draft, and negotiate patent licenses as well as limited purpose agreements including employment, consulting, confidentiality, and material transfer agreements. Students complete a series of assignments that will involve drafting several agreements. Prerequisite: Patent Law.
Poverty Law (2 Units)
This course is designed to explore the interaction between policy regulation and constitutional law in the context of Poverty. We will study the impact of welfare reform and consider the consequences of how the government regulates the terms of work and the family relations of those most economically vulnerable. We will consider how societal changes, social movements, public opinion, empirical data, and policy goals matter for both policy regulation and constitutional interpretation. We will study in depth how the Supreme Court has interpreted the Constitution when applying its provisions to poor people. We will consider whether and how constitutional interpretation relates to economic justice at home and abroad.
Predatory Lending Law and Practice (2 units)
A course covering federal and state laws that regulate lending including the Truth in Lending Act, Equal Credit Opportunity Act, Civil Rights Act, and Unfair Business Practices Act. The class also includes practical training in understanding and reviewing loan documents, interview techniques, collaborative lawyering, discovery and motion practice.
Public Interest and Other Nonprofit Organizations (3 units)
This course focuses on public interest and other public interest organizations. It provides basic information regarding incorporation and tax-exempt status, dangers of operating unincorporated associations, duties of trustees and directors, rights of members, limitations on political activity by nonprofit organizations and attorney general enforcement of charitable trust laws. The course also covers fraudulent fund-raising, the ability of controversial groups to obtain Internal Revenue Code Section 501(c)(3) tax exempt status and internal disputes in religious organizations. The course provides an economic analysis of nonprofit organizations and evaluates anti-trust limitations emphasizing college sports and financial aid.
Public International Law (3 units)
The course is designed to provide understanding of the distinctive character of the international legal environment, particularly to develop the perspective of the international lawyer dealing with foreign governments and their agencies. It provides a comprehensive view of the lawyer’s role in using the primary international institutions and principal doctrines of public international law, through analysis of contemporary problems. Coverage includes: jurisdiction, sovereign immunity, acts of state, international criminal responsibility, law of the sea, trade law, and international peacekeeping.
Public Natural Resources & Land Law (3 units)
A course examining the management of natural resources on our nation's public lands, with a special focus on the American West. There is an overview of public lands law, including historic public land policies and key doctrines shaping public lands management and an exploration of specific natural resource issues on the public lands: mining and its impacts; logging, forest management and the national forests; grazing and its impacts; wildlife and endangered species; the national parks and the recreation "resource;" and wilderness and wild rivers. These topics will include discussion of current controversies over the nation's mining, logging, grazing, and endangered species laws and policies.
Racism and Justice in American Legal History (3 units)
Former title: Race, Law, and Policy, students may not earn credit for both courses.
An examination of the history, politics, theory and law related to race and ethnicity in America. Attention will be given to anti-discrimination law and, in addition, to a survey of racial issues embedded in core areas such as criminal, contract, tort and property law. Emphasis will be on providing critical contextual perspective on the intersection between racialized experience and the law, and on increasing student's critical thinking, writing, and oral communication skills in a small group learning environment. Pre-requisite: Constitutional Law (recommended).
Real Estate Law (3 units)
This course will survey the legal and some ethical aspects of a 'live' real estate transaction from listing to closing, including retention of the real estate broker, contracting, escrow, due diligence, title examination, financing, priorities and close of escrow. Students will participate in the transaction, undertaking the roles of seller, purchaser, broker and lender. The course will be hands-on and requires each student to be willing and prepared to participate in each class. By the end of the semester, students will have a basic understanding of the arc of a real estate transaction and of the main issues to which to pay attention when handling one. Prerequisite: Property Law. Students who have completed either Real Estate Sales Transactions or Real Estate Secured Transactions are ineligible to enroll.
Real Estate Sales Transactions (3 units)
This course takes students through the acquisition of a commercial property in San Francisco. Students will approach the transaction as though they were participants, learning the elements of the transaction in a step-by-step process which will include brokering the deal, preparing the letter of intent, negotiating the purchase contract, examining title to the property, and closing the deal. The course covers laws relating to real estate brokers, the contract law of real property transactions, and title to real property. Materials will include cases as well as actual title reports, listing agreements, contracts and leases. Emphasis will be on California law, with some focus on Federal law where it impacts California transactions. Prerequisite: Property.
Real Estate Secured Transactions (3 units)
A study of the substantive and procedural attributes of the mortgage and deed of trust, and other devices using real property as a security. Focus is on California law with a study of the impact of federal rules on that law. Prerequisite: Property (required), Real Estate Transactions (recommended).
Refugee Law (2 units)
This course focuses on the law and policy that determines refugee status in the United States. Students will examine international treaties dating back to World War II and their relevance to current law. Student will also review the statutory meaning of the requirements of obtaining asylum and discuss some of the practical and legal limitations preventing asylum seekers from obtaining protection.
Religious Freedom (3 units)
This seminar will be an intensive study of the American experience with the First Amendment’s protection of religious freedom. The course will consider the context, constitutional interpretation, structure and substance of conscience and religion. It will also explore religious organizations and their mission in a pluralistic society and the cost of litigating the protection of human dignity through evolving issues of public policy. Prerequisite: Constitutional Law.
Remedies (3 units)
A study of the types of relief granted by courts in civil cases focusing on three major topics: 1) damages, including a review of general principles of tort and contract damages; 2) equitable remedies, including obtaining and enforcing preliminary and permanent injunctions in both private and public controversies; and 3) restitutionary relief to prevent unjust enrichment, including constructive trusts and equitable liens.
Science and Law(2 units)
Lawyers need to be able to work with science and scientists on a wide variety of matters, such as issues in environmental, public health and intellectual property law. This seminar will compare the purposes and functions of science and law with a focus on the ethical commitments of professionals in these diverging fields, and address how lawyers can best engage with questions of scientific uncertainty, causation, and expert participation in legal processes.
Secured Transactions (3 units)
A survey of the law related to the use of personal property as security in both commercial and consumer credit transactions. The focus is on Article 9 of the Uniform Commercial Code, with an exploration of the purpose and scope of Article 9 and the difference between secured and unsecured credit. Transactions where lending is based on tangible or intangible personal property are considered, including equipment, inventory, receivables, intellectual property, and consumer assets. The course examines creation, perfection and enforcement of security interests; priority disputes among competing secured creditors or between secured creditors and other claimants; and debtor's rights and creditor's remedies in the event of default.
Securities Regulation (3 units)
An introduction to the Securities Act of 1933 and the Securities and Exchange Act of 1934. The course focuses on disclosure obligations relating to the distribution and trading of securities in the United States. Topics include the offerings of securities, anti-fraud provisions, insider trading, and exceptions to the disclosure requirements. Pre-requisites: Corporations (required), Administrative Law (recommended).
Sexual Orientation and the Law (3 units)
This course provides students with an overview of legal issues relating to sexual orientation and gender identity, including: sexual privacy; employment discrimination; marriage and other family law issues; peer harassment and first amendment issues in schools; immigration and asylum. In addition to providing an overview of gay and transgender civil rights movements, the course provides students with a foundation in several basic constitutional doctrines (privacy/substantive due process, equal protection, and first amendment. The emphasis is on close reading of key cases, as well as exploring a variety of doctrinal themes, such as the intersection of gender- and sexual orientation based discrimination, the use of social science research in litigation, and the role of morality in the law.
Sexuality Law (3 Units)
This course is designed to explore how the law pervasively regulates human sexuality. The primary legal focus is on interpretation of the constitutional protections of liberty and equality. Topics may include the Supreme Court's mixed legacy about sterilization, the shift toward protection of contraception and marriage, the ongoing abortion controversy, the public policy re-emergence of abstinence, the recent reversal on sodomy, the raging debate over same-sex marriage and parenting, and the conflicting implications raised by how the various First Amendment freedoms apply within the context of Sexuality.
Sports Law (3 units)
This class will be a general survey of legal issues that arise in the sports context with an emphasis on issues relating to professional sports and the professional athlete.
State and Local Taxation (3 units)
This course examines the fundamentals of state and local taxation, including an examination of property taxes, corporate and personal income taxes, sales and use taxes, and other state and local levies. State and federal constitutional limitations on the power of states to tax will also be covered. Specific principles of California taxation will be covered.
Street Law (3 units)
The Street Law Project operates in conjunction with approximately 25 Bay Area high schools and several middle schools and their respective school districts. Law students, working under faculty supervision, serve as student instructors and teach a course entitled "Street Law" which annually reaches 2,000 predominately inner-city school students. The program seeks to promote legal literacy among young people to ensure that they possess that minimum amount of practical, legal knowledge needed to understand the system as a whole and how it can work in their behalf. Law student instructors deliver units in Housing, Consumer, Family, Criminal, and Constitutional Law at their assigned school sites. They also participate in weekly seminars and research and develop additional material on California law to be used in their classes.
Supreme Court Seminar (2 units)
This seminar deals with the process of constitutional law-making by the Supreme Court. The course explores the nomination and confirmation of justices; the case selection process; and the adjudication of argued cases (studying the roles of the chief justice, law clerks and advocates) The grade for the course will be based on a paper and shorter pieces and upon regular preparation for, and participation in, class exercises. The exercises will involve students as members of the Senate Judiciary Committee deciding upon nominations and as Justices deciding certiorari petitions and then cases accepted for review. For the Court exercises, students will research, argue, and decide several significant fall term cases actually pending before the court at the time of the seminar. Pre-requisite: Constitutional Law.
Technology Contracting (2 units)
An examination of the practical aspects of negotiating and drafting contracts related to the technology industry. Each class will focus on specific technology contract provisions, with an emphasis on learning drafting, redlining and negotiation skills.
Telecommunications and Electronic Media Law (3 units)
This course examines Federal regulation of 1) electronic media including cable television, broadcast television, Direct Broadcast Satellite service, and radio, and 2) telecommunications including wireline, wireless, broadband, and Internet services. Electronic media topics address radio spectrum issues, license assignment, indecency, violence on TV, public trustee obligations, Digital TV, and various “must carry” rules. Telecommunications topics will cover the 1996 Telecommunications Act, “Universal Service”, information services (i.e., broadband DSL and cable modem services), VoIP, and cellular issues. Some state regulation will also be considered.
Topics in Contemporary Family Law (3 units)
A course covering a variety of cutting edge issues in current family law practice, with an emphasis on non-traditional families. Topics may include: gay marriage, domestic partnerships and civil unions; protecting the parental rights of lesbian and gay parents; impacts of Assisted Reproductive Technologies on determinations of parenthood; transgender families; family privacy and abortion; changing definitions of fatherhood; and several adoption issues.
Trademark Law (3 units)
This course will examine, in detail, the major areas of trademark law, including, the trademark registration process at the United States Patent and Trademark Office; the basic rules regarding eligibility for trademark protection under traditional trademark infringement doctrines and under dilution law. The course will also examine a number of defenses to trademark rights, including fair use, generic use, non- commercial use, and First Amendment Protections in this context. The course will also cover various aspects of domain name law, including the Anti-Cyber Squatting Protection Act and the dispute resolution processes promulgated by the ICANN. Finally, the course will examine selected areas of international trademark law, including the specific rules which govern geographical indicators which exist in many foreign countries.
Transactional Trademark Practice (2 units)
In depth focus on trademark selection and clearance, registration, and counseling. Issues to be discussed and studied include trademark licensing, counterfeit and parallel goods issues, and administrative litigation with the Trademark Trial and Appeal Board. Students will work in teams, analyze and provide oral presentations and written reports on corporate trademark issues throughout the semester. Emphasis will be on developing creative and strategic solutions to trademark matters. A final paper is due at end of semester. Pre-requisite: Intellectual Property Survey (recommended).
Trial Practice (3 units)
A course designed to provide experience in the litigation process. Concentration is on the strategy, tactics, and techniques employed by the skillful advocate. The legal rules involved in a trial are critically examined and their practical application demonstrated through student participation. Students who have completed Intensive Advocacy Program are not eligible to enroll. Pre-requisite: Evidence.
Venture Capital Law (3 units)
The course provides a practical examination of the lawyer’s role in forming, financing and counseling start up companies. The course will emphasize negotiating skills in the context of issues like raising money from venture capitalists and restructuring a company in a Chapter 11 proceeding. Pre-requisite: Corporations.
Water Resources Law & Policy (3 units)
An exploration of the modern legal principles and polices controlling the allocation of water among competing users: cities, farms, recreation, environment, and power. The course covers the regulation of surface water, including an in-depth study of riparian rights and appropriative rights, and groundwater. There is emphasis on the modern, public interest legal developments that are controlling water allocation today: the Endangered Species Act, the Clean Water Act, the Wild and Scenic Rivers Act and the public trust doctrine. The course also covers water transfers, interstate and international water allocation schemes, Native American water rights, and the large public water institutions that control water supply in the West, including the federal Bureau of Reclamation. The course also covers the issues unique to California, including a study of the Sacramento-San Joaquin Delta.
White Collar Crime, 3 units.
An exploration of the law of white collar crime, with an emphasis on the investigation and prosecution of white collar crime by federal authorities. The course is a mixture of substantive criminal law, constitutional criminal procedure, and application of the Federal Rules of Criminal Procedure. Prerequisites: Criminal Law and Criminal Procedure.
Wills and Trusts (3 units)
A study of the law of wills, intestate succession, and trusts. Coverage includes restrictions on testation, execution, and revocation of wills as well as creation, modification, and termination of trusts. There is also attention to the problems of will construction, probate and contest of wills, and fiduciary administration of trusts and decedents' estates. Pre-requisite: Property.
Work-Family Law Seminar (3 Units)
This advanced employment law seminar will examine the ways that law has been used to mediate between the conflicting demands of work and family life. Discussions will address a variety of employment law strategies, including employment discrimination laws, family leave laws, and the regulation of working hours. The study of work/family law will be used as a tool for learning the process of writing an academic paper. Participants will research, write, and present an original paper on a work/family law topic of their choice. Papers satisfying the seminar requirements will also satisfy the upper division writing requirement. Pre-requisites: Employment Law or Employment Discrimination or permission of the Professor.
Wrongful Convictions (3 units)
This course surveys: 1) the various causes of wrongful prosecution, conviction, and incarceration of the factually innocent (e.g., eyewitness misidentification, false confessions, perjured testimony, forensic fraud, police and prosecutorial misconduct, ineffective assistance of counsel, etc.); and 2) the various legal and policy solutions for minimizing wrongful conviction in the American criminal justice system. Pre-requisite: Criminal Law, Criminal Procedure.
| Basic Courses | Units |
|---|---|
| Alternative Dispute Resolution | 3 |
| A general introduction to the field of ADR. This addresses the enforceability of arbitration and other alternative dispute resolution agreements, as well as the ethical issues raised in the field. A series of simulations will be used to introduce students to the theories and skills used in negotiation and mediation. | |
| California Civil Discovery | 2 |
| Formerly: Discovery. An advanced course in the discovery and other related aspects of civil procedure. Emphasis is placed on the conduct and use (both at trial an in the negotiation of settlements) of oral depositions, written interrogatories, production of documents, and other discovery and disclosure techniques. | |
| Mediation | 3 |
| An introduction to the theory and practice of mediation, the development of mediation skills, applications to different substantive areas, and emerging legal issues. Although the class will focus on the mediation process, communication skills, negotiations, and the spectrum of dispute resolution options will be introduced. | |
| Negotiation | 3 |
| This course involves the strategies, tactics, skills and techniques of negotiation. In addition it will include a basic introduction to assisted negotiation in the form of mediation. The learning takes place through numerous role-plays, as well as through the study of negotiation theory. | |
| Trial Practice | 3 |
| A course designed to provide experience in the litigation process. Concentration is on the strategy, tactics, and techniques employed by the skillful advocate. The legal rules involved in a trial are critically examined and their practical application demonstrated through student participation. Students who have completed Intensive Advocacy Program are not eligible to enroll. Pre-requisite: Evidence. | |
| Additional Courses | |
| Arbitration | 3 |
| This course explores arbitration as a means of dispute resolution. The course is designed as both a lecture and practice course. The lecture portion of the course describes legal principles applicable to arbitration derived from statutory and decisional authority. In the practice portion of the course students draft arbitration agreements, advocate for and against arbitration, and experience the differences between advocacy in arbitration and advocacy in court. | |
| Complex Civil Litigation | 3 |
| A course in advanced civil procedure which focuses on procedural problems arising in multi-party and/or multi-forum cases, especially in "mass torts" such as asbestos, IUD, breast implant and tobacco cases, including class actions. The problems discussed include: the recent history of mass tort litigation; review of class actions and other devices for consolidated resolution of "common issue" cases in federal and state courts; a comparison of class actions in federal and state courts; problems of "nationwide" class actions; competing class actions; problems of federalism; discovery problems in complex cases; problems of aggregative determinations of damages; and court control of settlements and attorney fee awards | |
| Discovery Practice | 2 |
| Utilizing pretrial discovery methods in a practice environment, students learn how to draft written discovery, prepare for and take oral depositions, prepare document requests, and use other discovery methods in order to prepare a case for settlement or trial. There is additional emphasis on expert witness retention and discovery. Prerequisite: Discovery | |
| Evidence Advocacy | 2 |
| A course emphasizing practical application of the rules of evidence to trial skills problems. During the semester students work through drills and exercises designed to enhance and clarify understanding of the Federal and California Rules of Evidence as well as improve trial presentation skills. Co-requisite: Evidence | |
| Expert Evidence in IP Litigation | 3 |
| This course examines evidentiary issues of importance to intellectual property litigators. Emphasis is on considerations of what evidence to present and how best to present it to judges and jurors. Prerequisite: Evidence. | |
| Federal Courts | 3 |
| A study of the role of the federal courts in the constitutional system, with particular attention to the doctrines of separation of powers and federalism. The course will consider the constitutional and statutory jurisdiction of the federal courts, the various doctrines permitting the courts to defer or decline jurisdiction, and the relationship of the federal courts to state law and state courts. | |
| Forensic Evidence | 3 |
| The course is an advanced trial advocacy and evidence course concentrating on the preparation and presentation of scientific and technical expert testimony. The course explores treatment of scientific and technical testimony by the Federal Rules of Evidence and the common law. Students take and defend expert depositions and argue pre-trial motions to exclude expert testimony or other evidence. Pre-requisite: Evidence. | |
| Law of Settlements | 2 |
| This course prepares students for the most common outcome of any litigation: resolution by settlement. The course explores the theory and practice of settlements, including the fundamentals of settlement agreements, issues arising in complex matters such as class actions and mass torts, techniques for negotiating settlements, and procedures to enforce settlements. | |
| Legal Drafting | 2 |
| Lawyers solve problems. Legal Drafting helps students solve problems by working on the skills lawyers use in their practice. The skills covered include: 1) Legal analysis, the ability to apply the law to the facts of a problem; 2) Fact gathering in preparing a case; 3) Fact analysis; 4) Lawyering tactics, both in the handling of a case and in the drafting of a document; 5) Ethical consideration in decision making; and, of course, 6) writing well. In developing their skills, students will draft or rework documents such as memoranda of law, points and authorities, briefs, investigation plans, discovery plans, depositions, closing arguments, affidavits and statutes. | |
| Remedies | 3 |
| A study of the types of relief granted by courts in civil cases focusing on three major topics: 1) damages, including a review of general principles of tort and contract damages; 2) equitable remedies, including obtaining and enforcing preliminary and permanent injunctions in both private and public controversies; and 3) restitutionary relief to prevent unjust enrichment, including constructive trusts and equitable liens. | |
| Related Courses | |
| Administrative Law | 3 |
| This course considers the relationship between agencies and the other branches of government, the rulemaking and adjudicatory procedures by which agencies implement congressional statues, and the role of the courts in reviewing agency actions. The course will examine the tension between allowing agencies the flexibility to manage complex regulatory and benefit programs efficiently, while at the same time ensuring fair treatment and accountability to those they serve. Since many lawyers practice in regulated areas -- such as food and drug law; housing and zoning law; energy law; communications law; business, corporate and securities law; employment and labor law; environmental law, and other regulated fields -- this course can be very valuable in understanding the regulatory process and agency operations. | |
| Employment Law | 3 |
| Students explore advanced topics in employment law, as well as the process of writing academic papers. Each student prepares a paper on an employment law topic of their choice and presents it to the class during the term. Prerequisite or Co-requisite: Employment Law, Employment Discrimination, or permission of the professor. Prerequisite: Employment Law, or Employment Discrimination, or permission of the professor. | |
| Employment Discrimination | 3 |
| A survey of federal law prohibitions against, and remedies for, employment discrimination, including discrimination on the basis of race, ethnic origin, sex, age, and disability. The principle focus is on Title VII, the Age of Discrimination in Employment Act and the Americans with Disabilities Act, but California Law is also discussed. Among the issues covered are: the nature and proof of discrimination, justifications for discrimination, harassment as discrimination, the "reasonable accommodation" requirement, and innovative approaches in the field. | |
| Insurance Law | 3 |
| This course is designed to provide a practical guide to the application of insurance to everyday legal practice. The course focuses on understanding, interpreting and enforcing coverage found in commercial general liability, property/homeowners, automobile, and other types of insurance policies, and also focuses on the potential liability of insurers for bad faith and extra-contractual damages. Emphasis is on the function of insurance in civil litigation, business transactions, protection of property and personal security, and the role insurance plays in shaping, and being shaped by, public policy. | |
| Predatory Lending Law and Practice | 2 |
| A course covering federal and state laws that regulate lending including the Truth in Lending Act, Equal Credit Opportunity Act, Civil Rights Act, and Unfair Business Practices Act. The class also includes practical training in understanding and reviewing loan documents, interview techniques, collaborative lawyering, discovery and motion practice. | |
Basic courses are those which introduce fundamental concepts and provide the necessary back-
ground to pursue advanced courses in the area. Additional courses expand upon basic concepts
and offer advanced study in the subject area. Related courses provide additional background or demonstrate how the subject area relates to the core concepts of another subject area.
| Basic Courses | Units |
|---|---|
| Administrative Law | 3 |
| This course considers the relationship between agencies and the other branches of government, the rulemaking and adjudicatory procedures by which agencies implement congressional statues, and the role of the courts in reviewing agency actions. The course will examine the tension between allowing agencies the flexibility to manage complex regulatory and benefit programs efficiently, while at the same time ensuring fair treatment and accountability to those they serve. For anyone considering practice in a regulated area, like Business Law, Corporate Law, Employment or Labor Law, Environmental Law, Poverty Law (etc.), the course provides essential insights into the regulatory process and agency operations. | |
| Federal Courts | 3 |
| A study of the role of the federal courts in the constitutional system, with particular attention to the doctrines of separation of powers and federalism. The course will consider the constitutional and statutory jurisdiction of the federal courts, the various doctrines permitting the courts to defer or decline jurisdiction, and the relationship of the federal courts to state law and state courts. | |
| Federal Income Taxation | 3 |
| A problem-oriented introduction to the fundamentals of federal income taxation, particularly as they apply to individuals, including gross income, exclusions, deductions, assignment of income, capital gains and losses, non-recognition transactions, and income tax accounting. Emphasis is on the development of skills necessary for working with the Internal Revenue Code and issues of tax policy. | |
| First Amendment | 3 |
| An overview of First Amendment freedoms: speech, press, and religion. The course examines contemporary theoretical approaches to understanding the First Amendment in several contexts including, obscenity, violent, hateful and threatening speech, Internet speech, artistic expression, defamation, privacy, advocacy and dissent, reporter's privileges, commercial speech and anonymity, as well as the evolving religious liberty doctrines of nonedorsement and incidental effects. In each area there is an attempt to answer whether restrictions are justified and if so, the appropriate scope for such restrictions. Prerequisite: Constitutional Law. | |
| Judicial Review | 3 |
| The proper role of the courts in interpreting the Constitution will be studied in this seminar. The class analyzes various possible sources of guidance in judicial interpretation of the Constitution including text, history, popular opinion, moral values, and democratic theory. Over the course of the semester students will role play as lawyers before the Supreme Court and as Supreme Court Justices, briefing, arguing, deciding, and drafting opinions for some of the most important constitutional decisions in our history and some of the most controversial constitutional issues of today. | |
| Supreme Court Seminar | 2 |
| This seminar deals with the process of constitutional law-making by the Supreme Court. The course explores the nomination and confirmation of justices; the case selection process; and the adjudication of argued cases (studying the roles of the chief justice, law clerks and advocates) The grade for the course will be based on a paper and shorter pieces and upon regular preparation for, and participation in, class exercises. The exercises will involve students as members of the Senate Judiciary Committee deciding upon nominations and as Justices deciding certiorari petitions and then cases accepted for review. For the Court exercises, students will research, argue, and decide several significant fall term cases actually pending before the court at the time of the seminar. Pre-requisite: Constitutional Law. | |
| Additional Courses | |
| Advanced Criminal Procedure | 3 |
| An in-depth historical analysis of the fundamental rights of the criminally accused focusing on the Fourth, Fifth, Sixth and Eighth Amendments. This course explores the Supreme Court's changing perspective on criminal law, particularly the period from the Warren Court decisions of the 1960's to the present Roberts Court perspective. The course includes various practical demonstrations on the utilization of constitutional criminal procedure in the litigation of criminal cases. Pre-requisite: Criminal Procedure. | |
| Bankruptcy | 3 |
| A study of creditors' rights and debtors' protection under the Federal Bankruptcy Code. The course provides an overview of liquidation and reorganization, both for individuals and corporations. Debtor-creditor relations under state law are also considered, both as an alternative to bankruptcy and as they relate to proceedings in bankruptcy. | |
| Corporations | 4 |
| A basic course in corporate law, including the concept of the entity and its liabilities, management, promotion, financing, and organization. Coverage includes the issuance of shares, elections, and the proxy system; control devices and special problems of the close corporation; derivative suits and basic securities regulation. | |
| Cyberspace | 3 |
| This course studies the emerging body of law relating to cyberspace, focusing on the Internet and online services. The course considers how to adapt law to cyberspace, looking at case law, statutes, and other methods of regulation. Topics include jurisdiction, computer crime, electronic privacy and encryption, free speech in cyberspace (including online indecency), online torts (including spam and defamation) and intellectual property in cyberspace. While prior exposure to cyberspace is helpful, no special expertise is required. | |
| Death Penalty Law | 3 |
| A course examining the law governing application of the death penalty in the context of the moral, social, and political questions raised by capital punishment. The course considers key issues, including the meaning and limits of the Eighth Amendment; attempts to enact constitutional death penalty statutes; jury selection; the roles of trial and appellate courts in the process; the effect of race in the application of the death penalty; and post-conviction review of capital sentences. Prerequisites: Criminal Law, Criminal Procedure | |
| Election Law | 3 |
| This course explores the federal and state laws that regulate the political process and elections, with a focus on California law. Specific areas covered include the right to vote, ballot access, redistricting, the nomination process, campaigning for office, campaign finance, the Voting Rights Act, the role of the courts in election disputes, political parties, election administration and voting systems, bribery and related ethics principles, and ballot propositions, including initiative, referendum and recall measures. No background in politics or political science is required. Recommended: Constitutional Law | |
| Employment Discrimination | 3 |
| A survey of federal law prohibitions against, and remedies for, employment discrimination, including discrimination on the basis of race, ethnic origin, sex, age, and disability. The principle focus is on Title VII, the Age of Discrimination in Employment Act and the Americans with Disabilities Act, but California Law is also discussed. Among the issues covered are: the nature and proof of discrimination, justifications for discrimination, harassment as discrimination, the "reasonable accommodation" requirement, and innovative approaches in the field. | |
| Employment Law | 3 |
| This course surveys the rapidly evolving law of the workplace and the rights and responsibilities of employers and employees. Its focus is on the developing legal limits to the traditional "employment at will" doctrine. Common law topics include implied contract theories, the covenant of good faith and fair dealing, and wrongful discharge claims. The class also explores the trend toward statutory regulation of the workplace by analyzing some of the federal laws governing specific terms and conditions of employment. The class also introduces some of the issues arising from the intersection between employment and intellectual property law, including employers' use of non-competition agreements and trade secret protection. | |
| Environmental Law | 3 |
| An overview of federal environmental law and regulation covering the primary common law approach to environmental issues, nuisance law, and addressing the major federal environmental statutes' role in land use, pollution control, and liability for hazardous contamination. The course we will focus on the following themes: (1) How does the nature of an environmental problem affect the crafting of the legal response? (2) What are the primary ways in which pollution control mechanisms are or could be structured? (3) What are the economic and efficiency implications of various pollution control and liability policies? (4) What are the fairness implications of various pollution control and liability policies? (5) How does or should environmental law cope with the problem of scientific uncertainty? (6) How have concerns about federalism been manifested in pollution control law? (7) What are the respective roles of Congress, the executive branch, and the courts in shaping environmental policy? | |
| Gender and the Law | 3 |
| A study of the construction and treatment of gender under the law. Students will critically examine a number of different feminist legal theories of gender equality and the application of these theories to law and social policy. Topics include gender-based violence, reproductive rights, intimate relationships, and gender identity discrimination. | |
| Immigration Law | 3 |
| An overview of U.S. immigration and citizenship laws, including the statutes and the public policy contexts, regulations and judicial decisions. Topics covered include nonimmigrant visas, how to obtain and retain lawful permanent resident status, exclusion at the border, grounds for deportation, deportation hearing procedures, relief from deportation, administrative appeals, federal judicial review, asylum, and citizenship and naturalization. | |
| Information Privacy Law | 3 |
| This course examines the legal protection of privacy. It explores the interaction of common law, constitutional law, and the patchwork of statutes that endeavor to protect privacy. Topics will include tort privacy claims, privacy of medical information, privacy and law enforcement, privacy and computerized records, and privacy at work. | |
| International Human Rights | 3 |
| An introduction to international human rights documents and the procedures and mechanisms available for protecting and promoting human rights. It covers regional systems as well as the United Nations human rights bodies. It also includes the use of international human rights law in United States courts, addressing direct treaty application, customary international law, and its use as an interpretive guide. Readings on how to conduct fact investigation are also discussed. | |
| Labor Law | 3 |
| This is an overview of the statutory, administrative, and judicial decisions in the field of employer-union-employee relationships and the collective bargaining process. Emphasis is on the National Labor Relations Act and the cognate legislation as affecting union organization, representation and employee rights. The course will focus on the nature of the labor and management in the global marketplace. | |
| Marriage Law | 2 |
| This course investigates the formation, maintenance, and dissolution of the legal institution of marriage. Topics covered include coverature, polygamy, incest, divorce, anti-miscegenation statutes, spousal control over medical treatment, and the contemporary debates over same-sex marriage. The course examines the ways by which the State regulates who and who may not marry, the authority of state statutes, federal law, and constitutional provisions over the marital relationship, the benefits and burdens that attach to marriage, and the influence that social mores, State interests, religious beliefs, and individual desires exercise over the right to marry. Literature and film will assist in illuminating the doctrinal tensions found in case law. Prerequisite: Constitutional Law (recommended). | |
| Predatory Lending Law | 2 |
| A course covering federal and state laws that regulate lending including the Truth in Lending Act, Equal Credit Opportunity Act, Civil Rights Act, and Unfair Business Practices Act. The class also includes practical training in understanding and reviewing loan documents, interview techniques, collaborative lawyering, discovery and motion practice. | |
| Racism and Justice in American Legal History | 3 |
| An examination of the history, politics, theory and law related to race and ethnicity in America. Attention will be given to anti-discrimination law and, in addition, to a survey of racial issues embedded in core areas such as criminal, contract, tort and property law. Emphasis will be on providing critical contextual perspective on the intersection between racialized experience and the law, and on increasing student's critical thinking, writing, and oral communication skills in a small group learning environment. Pre-requisite: Constitutional Law (recommended). | |
| Sexual Orientation and the Law | 3 |
| This course provides students with an overview of legal issues relating to sexual orientation and gender identity, including: sexual privacy; employment discrimination; marriage and other family law issues; peer harassment and first amendment issues in schools; immigration and asylum. In addition to providing an overview of gay and transgender civil rights movements, the course provides students with a foundation in several basic constitutional doctrines (privacy/substantive due process, equal protection, and first amendment. The emphasis is on close reading of key cases, as well as exploring a variety of doctrinal themes, such as the intersection of gender- and sexual orientation based discrimination, the use of social science research in litigation, and the role of morality in the law. | |
| Topics in Contemporary Family Law | 3 |
| A course covering a variety of cutting edge issues in current family law practice, with an emphasis on non-traditional families. Topics may include: gay marriage, domestic partnerships and civil unions; protecting the parental rights of lesbian and gay parents; impacts of Assisted Reproductive Technologies on determinations of parenthood; transgender families; family privacy and abortion; changing definitions of fatherhood; and several adoption issues. | |
| Wrongful Convictions | 3 |
| This course surveys: 1) the various causes of wrongful prosecution, conviction, and incarceration of the factually innocent (e.g., eyewitness misidentification, false confessions, perjured testimony, forensic fraud, police and prosecutorial misconduct, ineffective assistance of counsel, etc.); and 2) the various legal and policy solutions for minimizing wrongful conviction in the American criminal justice system. Pre-requisite: Criminal Law, Criminal Procedure. | |
| Related Courses | |
| Animal Law | 3 |
| A survey of the law's understanding and treatment of animals by looking at the development of federal and state policies toward wild, domestic, and companion animals. Specific topics may include the history of animal law, the concept of animals as property, the application of tort and remedies law to injuries by and to pets, protection of animals by cruelty and other laws, and constitutional issues raised in cases involving animals. | |
| Appellate Advocacy | 3 |
| An advanced advocacy course that teaches the complementary skills of brief writing and oral argument at a sophisticated level | |
| Bioethics | 3 |
| Focusing on the interface of law, medicine, and ethics, this course will examine issues concerning reproductive rights, death and dying, medical research, genetic technology, access to health care and health care decision making. | |
| Biotechnology Law | 2 |
| An overview of intellectual property and regulatory issues impacting the biotechnology and pharmaceutical industries. Basic principles of licensing, litigation, and international law will also be discussed. The course focuses on the impact of the legal system on research, products, and intellectual property for companies and institutions. Consideration is given to: (1) How do legal issues promote or hinder the development of technology, (2) What role should ethics and public health concerns play in the law, and (3) Does a "one size fits all" patent law make sense for biotechnology. A prior course in intellectual property law or some life science background is helpful but not required. | |
| California Environmental Law | 3 |
| An exploration of key aspects of environmental law practice in California, such as Proposition 65 (a unique and frequently litigated law that governs toxics warnings and discharge limitations), CEQA (California's environmental review statute), hazardous substance liability laws. The course introduces the most significant California regulatory agencies and their practices. It also examines the complex interplay between federal and state environmental laws and regulatory structures. | |
| Cyberspace Law | 3 |
| This course studies the emerging body of law relating to cyberspace, focusing on the Internet and online services. The course considers how to adapt law to cyberspace, looking at case law, statutes, and other methods of regulation. Topics include jurisdiction, computer crime, electronic privacy, free speech in cyberspace (including online indecency), online torts (including spam and defamation) and intellectual property in cyberspace. While prior exposure to cyberspace is helpful, no special expertise is required. | |
| Elder Law | 2 |
| Elders represent the fastest growing, yet among the most vulnerable members of our society. Topics include elder financial and physical abuse, undue influence, consent, conservatorship proceedings, EADACPA (Elder and Dependent Adult Civil Protection Act), nursing home litigation, duties performed by the Ombudsman, Public Guardian, Adult Protective Service workers, right-to-die, and end-of-life issues. Prerequisites: Criminal Law, Evidence | |
| Health Law | 3 |
| An overview of the U.S. health care system with an emphasis on California law. Topics include access to healthcare, medical malpractice, informed consent (including experimental treatments and right to die), patient privacy rights, fraud and abuse, provider licensing (individual and facility) and regulation, managed care and insurance regulation, Medicare/Med-Cal, scope of practice regulation, and public health responses to health crises | |
| Housing Discrimination | 3 |
| After examining the history and causes of economic and racial residential segregation, the class critically evaluates legal and policy solutions to it. Legal responses are considered, such as federal fair housing law, the N.J. Supreme Court's Mt. Laurel doctrine, and the Gauntreax litigation. There is an analysis of policies, including various federal housing and community development programs, a metropolitan revenue-sharing programs, and proposals to reallocate land use authority from local governments to regional entities. Prerequisite: Property. | |
| Intellectual Property | 3 |
| A survey of rights under U.S. state and federal law for the protection of new technology and inventions (trade secrets and patents), business symbols and literary titles (trademarks), and industrial design (design patents), and rights in works of authorship (copyrights) While the course focuses on American law, it will also introduce students to various aspects of international intellectual property law. It is highly recommended that this course be taken as a foundation to for the advanced study of intellectual property. | |
| International Economic Relations | 3 |
| This course examines the legal structure of the international trade system. It considers the United States Customs and trade laws and policies impact on International trade. The impacts of General Agreement on Tariffs and Trade (GATT), the World Trade Organization (WTO), the North American Free Trade Agreement (NAFTA) and the movement of good within the European community. It reviews the impact of Tariffs and trade policies on the free movement of goods. | |
| Juvenile Law | 3 |
| This course examines the central areas of law that impact children, with emphasis on representing child clients in dependency cases, delinquency cases, and custody disputes. Students will become conversant with the seminal cases affecting children and the application of child advocacy through California statutes and case law. The course will be presented in a lecture format that encourages student involvement. Prerequisite: Criminal Procedure, Constitutional Law (recommended) | |
| Land Use Law | 3 |
| Land is the focus of intense legal and social conflict. In this course, students learn the basics of land development and the regulation process (including zoning, planning, and subdivision law), with an emphasis on California law. The course explores contemporary land use struggles, including accommodating population and job growth, preserving the environment, providing affordable housing, and respecting property rights ("takings") Prerequisite: Property | |
| Legal Issues and Terrorism, Post 9/11 | 3 |
| An exploration of the tension between national security and civil liberties by studying the powers of the President and the Congress to declare and wage war -- including the Bush administration's assertion of unlimited executive power and the role of the Commander in Chief; application of the Geneva Conventions and other international laws and treaties to the War on Terror; roles of military commissions and administrative Dept of Defense hearings, the detentions of “enemy combatants;” the process of extraordinary rendition; Military Commissions Act of 2006; court decisions on Guantanamo and on enemy combatants; Bush administration memos regarding executive authority and torture; changes wrought by a new Obama administration; and the onset of “truth commissions,” prosecutions of former officials, reparations and other means of accountability. | |
| Local Government Law | 3 |
| Local governments impact the everyday lives of citizens more directly than any other level of government. They provide important services and control the physical development of land. They are major employers and offer opportunities for citizens to exercise their democratic rights. Constitutional law, statutory law and common law each mediate local governments' myriad relationships with federal and state government. Using classic and contemporary legal problems, this course examines various types of local governments, how they are formed, their limited powers, how boundaries are revised, inter-local conflicts and regional issues. Prerequisite: Property | |
| Maritime Law | 3 |
| A survey of maritime law and the practices and procedures affecting today's maritime industry. Emphasis includes studies of admiralty jurisdiction; maritime torts to person and property; maritime liens and mortgages; maritime contracts, including transportation of cargo and marine insurance, the doctrines of limitation of liability, general average, salvage, and un-seaworthiness; and, the use of maritime remedies, such as vessel arrests and foreign attachment. | |
| Public Land and Natural Resources Law | 3 |
| A course examining the management of natural resources on our nation's public lands, with a special focus on the American West. There is an overview of public lands law, including historic public land policies and key doctrines shaping public lands management and an exploration of specific natural resource issues on the public lands: mining and its impacts; logging, forest management and the national forests; grazing and its impacts; wildlife and endangered species; the national parks and the recreation "resource;" and wilderness and wild rivers. These topics will include discussion of current controversies over the nation's mining, logging, grazing, and endangered species laws and policies. | |
| Telecommunications Law | 3 |
| This course examines Federal regulation of 1) electronic media including cable television, broadcast television, Direct Broadcast Satellite service, and radio, and 2) telecommunications including wireline, wireless, broadband, and Internet services. Electronic media topics address radio spectrum issues, license assignment, indecency, violence on TV, public trustee obligations, Digital TV, and various "must carry" rules. Telecommunications topics will cover the 1996 Telecommunications Act, "Universal Service", information services (i.e., broadband DSL and cable modem services), VoIP, and cellular issues. Some state regulation will also be considered. | |
Basic courses are those which introduce fundamental concepts and provide the necessary back-
ground to pursue advanced courses in the area. Additional courses expand upon basic concepts
and offer advanced study in the subject area. Related courses provide additional background or demonstrate how the subject area relates to the core concepts of another subject area.
| Basic Courses | Units |
|---|---|
| Commercial Transactions | 3 |
| A basic introduction to Commercial Law surveying, primarily, Articles 2, 3, and 4 of the Uniform Commercial Code. Coverage includes an examination of the reciprocal rights, duties and responsibilities of sellers and buyers of goods. The course also examines the payment system, focusing on the principles of commercial paper and bank deposits and collections, including the relationship of the commercial bank and its customers. | |
| Corporations | 4 |
| A basic course in corporate law, including the concept of the entity and its liabilities, management, promotion, financing, and organization. Coverage includes the issuance of shares, elections, and the proxy system; control devices and special problems of the close corporation; derivative suits and basic securities regulation. | |
| Federal Income Taxation | 3 |
| A problem-oriented introduction to the fundamentals of federal income taxation, particularly as they apply to individuals, including gross income, exclusions, deductions, assignment of income, capital gains and losses, non-recognition transactions, and income tax accounting. Emphasis is on the development of skills necessary for working with the Internal Revenue Code and issues of tax policy. | |
| Secured Transactions | 3 |
| A survey of the law related to the use of personal property as security in both commercial and consumer credit transactions. The focus is on Article 9 of the Uniform Commercial Code, with an exploration of the purpose and scope of Article 9 and the difference between secured and unsecured credit. Transactions where lending is based on tangible or intangible personal property are considered, including equipment, inventory, receivables, intellectual property, and consumer assets. The course examines creation, perfection and enforcement of security interests; priority disputes among competing secured creditors or between secured creditors and other claimants; and debtor's rights and creditor's remedies in the event of default. | |
| Additional Courses | |
| Accounting for Lawyers | 3 |
| This course will provide a technical and conceptual foundation in financial accounting skills which are relevant for attorneys who advise business entities. Accordingly, this course will emphasize the interpretation and use of financial statements and accounting schedules in the practice of law and their related legal implications. This course will be very different from most tradition Law School courses which typically employ an extensive study of relevant case law; instead, this course will primarily focus on interpreting relevant accounting pronouncements and concepts. | |
| Antitrust Law | 3 |
| A study of federal and state laws promoting a free market economy. The course also considers some aspects of the competition laws in their international application including the laws of jurisdictions outside the U.S. The focus is on legal prohibitions against price fixing combinations, restraints of trade, monopolization of markets, and anti-competitive mergers. The main laws studied are the federal Sherman Act, Clayton Act, and Federal Trade Commission Act. Emphasis is placed on the ability to evaluate the antitrust risks present in proposed business and marketing plans. | |
| Bankruptcy Law | 3 |
| A study of creditors' rights and debtors' protection under the Federal Bankruptcy Code. The course provides an overview of liquidation and reorganization, both for individuals and corporations. Debtor-creditor relations under state law are also considered, both as an alternative to bankruptcy and as they relate to proceedings in bankruptcy. | |
| Corporate Governance | 3 |
| An exploration of the issues and principles related to an organization's corporate governance, focusing on the interrelationship of an organization's shareholders, directors and management. The course surveys and analyzes recent changes to organizations' corporate governance structures and operations; the roles, duties and legal liabilities of an organization's directors and officers; and the increasing federalization of areas of corporate governance that traditionally had been governed under state corporation law. Particular emphasis will be given to the Sarbanes-Oxley Act of 2002. | |
| Corporate Transactions | 3 |
| This course examines the legal issues involved in several typical corporate transactions. Students are introduced to the "deal" process, substantive legal issues and deal terms, and then gain hands-on experience reviewing agreements and drafting documents related to corporate formation, ancillary matters, equity and debt financings, an asset sale transaction and a merger transaction. The class includes instruction on the process and components of structuring and effecting corporate transactions, with an emphasis on practical application. Prerequisite: Corporations; Recommended: Securities Regulation. | |
| Corporate Taxation | 3 |
| An in-depth study of the federal taxation of corporations and their shareholders. Coverage includes formation and capital structure; dividends and other distributions; redemptions, liquidations, and reorganizations; elections under Subchapter "S"; and some special problems affecting professional corporations. Pre-requisite or Co-requisite: Federal Income Taxation | |
| International Business Transactions | 3 |
| This course examines the legal issues that arise when business dealings span different nations. The course begins with a discussion of the environment of international business, including an introduction to international trade law, the world economic environment, and international tax issues. Next, a series of representative transactions are explored, including export sales, agency and distributorship, licensing, joint ventures, and other strategic agreements. | |
| International Economic Relations | 3 |
| This course examines the legal structure of the international trade system. It considers the United States Customs and trade laws and policies impact on International trade. The impacts of General Agreement on Tariffs and Trade (GATT), the World Trade Organization (WTO), the North American Free Trade Agreement (NAFTA) and the movement of good within the European community. It reviews the impact of Tariffs and trade policies on the free movement of goods. | |
| Nonprofit and Public Interest Organizations | 3 |
| This course focuses on public interest and other public interest organizations. It provides basic information regarding incorporation and tax-exempt status, dangers of operating unincorporated associations, duties of trustees and directors, rights of members, limitations on political activity by nonprofit organizations and attorney general enforcement of charitable trust laws. The course also covers fraudulent fund-raising, the ability of controversial groups to obtain Internal Revenue Code Section 501(c)(3) tax exempt status and internal disputes in religious organizations. The course provides an economic analysis of nonprofit organizations and evaluates anti-trust limitations emphasizing college sports and financial aid. | |
| Securities Regulation | 3 |
| An introduction to the Securities Act of 1933 and the Securities and Exchange Act of 1934. The course focuses on disclosure obligations relating to the distribution and trading of securities in the United States. Topics include the offerings of securities, anti-fraud provisions, insider trading, and exceptions to the disclosure requirements. Pre-requisites: Corporations (required), Administrative Law (recommended). | |
| Venture Capital Law | 3 |
| The course provides a practical examination of the lawyer's role in forming, financing and counseling start up companies. The course will emphasize negotiating skills in the context of issues like raising money from venture capitalists and restructuring a company in a Chapter 11 proceeding. Pre-requisite: Corporations. | |
| Related Courses | |
| Administrative Law | 3 |
| This course considers the relationship between agencies and the other branches of government, the rulemaking and adjudicatory procedures by which agencies implement congressional statues, and the role of the courts in reviewing agency actions. The course will examine the tension between allowing agencies the flexibility to manage complex regulatory and benefit programs efficiently, while at the same time ensuring fair treatment and accountability to those they serve. Since many lawyers practice in regulated areas -- such as food and drug law; housing and zoning law; energy law; communications law; business, corporate and securities law; employment and labor law; environmental law, and other regulated fields -- this course can be very valuable in understanding the regulatory process and agency operations. | |
| Antitrust and IP Law | 2 |
| The course will address the relationship between antitrust and intellectual property law, including a summary of those related laws. | |
| Electronic Commerce | 2 |
| This course explores typical U.S. and foreign legal issues arising from the international dimension of today's world trade, e.g., establishing an electronic business, domestic and trans-border marketing and sales of goods and services via the Internet, licensing and enforcing copyrights, patents and trademarks, offering Internet access and other telecommunications services, and worldwide dissemination of information. | |
| Employment Law | 3 |
| Students explore advanced topics in employment law as well as the process of writing academic papers. Each student prepares a paper on an employment law topic of their choice and presents it to the class during the term. Prerequisite or Co-requisite: Employment Law, Employment Discrimination, or permission of the professor. Prerequisite: Employment Law, or Employment Discrimination, or permission of the professor. | |
| Environmental Law | 3 |
| An overview of federal environmental law and regulation covering the primary common law approach to environmental issues, nuisance law, and addressing the major federal environmental statutes' role in land use, pollution control, and liability for hazardous contamination. The course we will focus on the following themes: (1) How does the nature of an environmental problem affect the crafting of the legal response? (2) What are the primary ways in which pollution control mechanisms are or could be structured? (3) What are the economic and efficiency implications of various pollution control and liability policies? (4) What are the fairness implications of various pollution control and liability policies? (5) How does or should environmental law cope with the problem of scientific uncertainty? (6) How have concerns about federalism been manifested in pollution control law? (7) What are the respective roles of Congress, the executive branch, and the courts in shaping environmental policy? | |
| ERISA | 3 |
| An overview of pension, health and employee benefit law. The subject touches trusts, tax, labor, torts, insurance, investments, state/local legislation and family and estate law. Emphasis is placed on litigation subjects, such as denial of medical/retirement benefits, age discrimination, and fiduciary duty. | |
| Insurance Law | 3 |
| This course is designed to provide a practical guide to the application of insurance to everyday legal practice. The course focuses on understanding, interpreting and enforcing coverage found in commercial general liability, property/homeowners, automobile, and other types of insurance policies, and also focuses on the potential liability of insurers for bad faith and extra-contractual damages. Emphasis is on the function of insurance in civil litigation, business transactions, protection of property and personal security, and the role insurance plays in shaping, and being shaped by, public policy. | |
| Intellectual Property Survey | 3 |
| A survey of rights under U.S. state and federal law for the protection of new technology and inventions (trade secrets and patents), business symbols and literary titles (trademarks), and industrial design (design patents), and rights in works of authorship (copyrights) While the course focuses on American law, it will also introduce students to various aspects of international intellectual property law. It is highly recommended that this course be taken as a foundation to for the advanced study of intellectual property. | |
| Labor Law | 3 |
| This is an overview of the statutory, administrative, and judicial decisions in the field of employer-union-employee relationships and the collective bargaining process. Emphasis is on the National Labor Relations Act and the cognate legislation as affecting union organization, representation and employee rights. The course will focus on the nature of the labor and management in the global marketplace. | |
| Maritime Law | 3 |
| A survey of maritime law and the practices and procedures affecting today's maritime industry. Emphasis includes studies of admiralty jurisdiction; maritime torts to person and property; maritime liens and mortgages; maritime contracts, including transportation of cargo and marine insurance, the doctrines of limitation of liability, general average, salvage, and un-seaworthiness; and, the use of maritime remedies, such as vessel arrests and foreign attachment. | |
| Patent Law | 3 |
| An introductory patent law course which focuses on the fundamentals of patent law; patent infringement and patent damages; patent validity issues such as anticipation, obviousness, enablement, and best mode; and equitable aspects of patent enforcement, including the defense of inequitable conduct. Technical training is not required. | |
| Patent Licensing | 2 |
| This seminar examines the basic elements of patent licensing transactions and is designed to provide the background needed to structure, draft, and negotiate patent licenses as well as limited purpose agreements including employment, consulting, confidentiality, and material transfer agreements. Students complete a series of assignments that will involve drafting several agreements. Prerequisite: Patent Law. | |
| Real Estate Sales Transactions | 3 |
| This course takes students through the acquisition of a commercial property in San Francisco. Students will approach the transaction as though they were participants, learning the elements of the transaction in a step-by-step process which will include brokering the deal, preparing the letter of intent, negotiating the purchase contract, examining title to the property, and closing the deal. The course covers laws relating to real estate brokers, the contract law of real property transactions, and title to real property. Materials will include cases as well as actual title reports, listing agreements, contracts and leases. Emphasis will be on California law, with some focus on Federal law where it impacts California transactions. Prerequisite: Property. | |
| Real Estate Secured Transactions | 3 |
| A study of the substantive and procedural attributes of the mortgage and deed of trust, and other devices using real property as a security. Focus is on California law with a study of the impact of federal rules on that law. Prerequisite: Property (required), Real Estate Transactions (recommended). | |
| Telecommunications Law | 3 |
| This course examines Federal regulation of 1) electronic media including cable television, broadcast television, Direct Broadcast Satellite service, and radio, and 2) telecommunications including wireline, wireless, broadband, and Internet services. Electronic media topics address radio spectrum issues, license assignment, indecency, violence on TV, public trustee obligations, Digital TV, and various "must carry" rules. Telecommunications topics will cover the 1996 Telecommunications Act, "Universal Service", information services (i.e., broadband DSL and cable modem services), VoIP, and cellular issues. Some state regulation will also be considered. | |
| Trademark Law | 3 |
| This course will examine, in detail, the major areas of trademark law, including, the trademark registration process at the United States Patent and Trademark Office; the basic rules regarding eligibility for trademark protection under traditional trademark infringement doctrines and under dilution law. The course will also examine a number of defenses to trademark rights, including fair use, generic use, non- commercial use, and First Amendment Protections in this context. The course will also cover various aspects of domain name law, including the Anti-Cyber Squatting Protection Act and the dispute resolution processes promulgated by the ICANN. Finally, the course will examine selected areas of international trademark law, including the specific rules which govern geographical indicators which exist in many foreign countries. | |
| Transactional Trademark Practice | 2 |
| In depth focus on trademark selection and clearance, registration, and counseling. Issues to be discussed and studied include trademark licensing, counterfeit and parallel goods issues, and administrative litigation with the Trademark Trial and Appeal Board. Students will work in teams, analyze and provide oral presentations and written reports on corporate trademark issues throughout the semester. Emphasis will be on developing creative and strategic solutions to trademark matters. A final paper is due at end of semester. Pre-requisite: Intellectual Property Survey (recommended). | |
Basic courses are those which introduce fundamental concepts and provide the necessary back-
ground to pursue advanced courses in the area. Additional courses expand upon basic concepts
and offer advanced study in the subject area. Related courses provide additional background or demonstrate how the subject area relates to the core concepts of another subject area.
| Basic Courses | Units |
|---|---|
| Advanced Criminal Procedure | 3 |
| An in-depth historical analysis of the fundamental rights of the criminally accused focusing on the Fourth, Fifth, Sixth and Eighth Amendments. This course explores the Supreme Court's changing perspective on criminal law, particularly the period from the Warren Court decisions of the 1960's to the present Roberts Court perspective. The course includes various practical demonstrations on the utilization of constitutional criminal procedure in the litigation of criminal cases. Pre-requisite: Criminal Procedure. | |
| White Collar Crime | 3 |
| An exploration of the law of white collar crime, with an emphasis on the investigation and prosecution of white collar crime by federal authorities. The course is a mixture of substantive criminal law, constitutional criminal procedure, and application of the Federal Rules of Criminal Procedure. Prerequisites: Criminal Law and Criminal Procedure. | |
| Additional Courses | |
| Death Penalty Law | 3 |
| A course examining the law governing application of the death penalty in the context of the moral, social, and political questions raised by capital punishment. The course considers key issues, including the meaning and limits of the Eighth Amendment; attempts to enact constitutional death penalty statutes; jury selection; the roles of trial and appellate courts in the process; the effect of race in the application of the death penalty; and post-conviction review of capital sentences. Prerequisites: Criminal Law, Criminal Procedure | |
| Forensic Evidence | 3 |
| The course is an advanced trial advocacy and evidence course concentrating on the preparation and presentation of scientific and technical expert testimony. The course explores treatment of scientific and technical testimony by the Federal Rules of Evidence and the common law. Students take and defend expert depositions and argue pre-trial motions to exclude expert testimony or other evidence. Pre-requisite: Evidence. | |
| Juvenile Law | 3 |
| This course examines the central areas of law that impact children, with emphasis on representing child clients in dependency cases, delinquency cases, and custody disputes. Students will become conversant with the seminal cases affecting children and the application of child advocacy through California statutes and case law. The course will be presented in a lecture format that encourages student involvement. Prerequisite: Criminal Procedure, Constitutional Law (recommended) | |
| Murder: A Study in Violence | 3 |
| This course considers the problem of deadly human violence through the lens of the law and non-legal cultural representations, including literature, film, and other materials. The course begins by examining the legal definitions of homicide, comparing that crime to assisted suicide, another killing which society condemns, and then considers motivations for killing and circumstances affecting responsibility. It also explores killings beyond "ordinary" murder – serial killings, mass killings, and state-inflicted homicide. Throughout, consideration is given to society's pervasive fascination with murder, the depiction of murder in the law and culture generally, and how, if at all, those who kill differ from those who do not. Prerequisites: Criminal Law, Criminal Procedure. | |
| Wrongful Convictions | 3 |
| This course surveys: 1) the various causes of wrongful prosecution, conviction, and incarceration of the factually innocent (e.g., eyewitness misidentification, false confessions, perjured testimony, forensic fraud, police and prosecutorial misconduct, ineffective assistance of counsel, etc.); and 2) the various legal and policy solutions for minimizing wrongful conviction in the American criminal justice system. Pre-requisite: Criminal Law, Criminal Procedure. | |
| Related Courses | |
| Federal Courts | 3 |
| A study of the role of the federal courts in the constitutional system, with particular attention to the doctrines of separation of powers and federalism. The course will consider the constitutional and statutory jurisdiction of the federal courts, the various doctrines permitting the courts to defer or decline jurisdiction, and the relationship of the federal courts to state law and state courts. | |
| Judicial Review | 3 |
| The proper role of the courts in interpreting the Constitution will be studied in this seminar. The class analyzes various possible sources of guidance in judicial interpretation of the Constitution including text, history, popular opinion, moral values, and democratic theory. Over the course of the semester students will role play as lawyers before the Supreme Court and as Supreme Court Justices, briefing, arguing, deciding, and drafting opinions for some of the most important constitutional decisions in our history and some of the most controversial constitutional issues of today. | |
| Supreme Court | 2 |
| This seminar deals with the process of constitutional law-making by the Supreme Court. The course explores the nomination and confirmation of justices; the case selection process; and the adjudication of argued cases (studying the roles of the chief justice, law clerks and advocates) The grade for the course will be based on a paper and shorter pieces and upon regular preparation for, and participation in, class exercises. The exercises will involve students as members of the Senate Judiciary Committee deciding upon nominations and as Justices deciding certiorari petitions and then cases accepted for review. For the Court exercises, students will research, argue, and decide several significant fall term cases actually pending before the court at the time of the seminar. Pre-requisite: Constitutional Law. | |
Basic courses are those which introduce fundamental concepts and provide the necessary back-
ground to pursue advanced courses in the area. Additional courses expand upon basic concepts
and offer advanced study in the subject area. Related courses provide additional background or demonstrate how the subject area relates to the core concepts of another subject area.
| Basic Courses | Units |
|---|---|
| Community Property | 2 |
| A survey of the development and operation of the community property system in California. Particular emphasis is placed on an analysis of the creation of and nature of interests in community property and the distinction, sources, and classification of individual and community property. Coverage includes vesting of rights, transmutations, presumptions, tracing, commingling, and apportionment and disposition of property upon death or lifetime dissolution of marriage. Pre-requisite: Property. | |
| Family Law | 3 |
| A study of the legal and policy issues involved in the regulation of the family. The course surveys state and federal law as it impinges on the family, including issues related to marriage, divorce, child custody, spousal abuse, child neglect and abuse, nontraditional families, and new reproductive technologies. | |
| Family Wealth Transer | 2 |
| A problem oriented course involving an introduction to the various wealth transfer taxes: the Federal estate and gift taxes and the tax on generation-skipping transfers. The course will also present basic estate planning techniques including inter vivos gifting and marital deduction planning. | |
| Federal Income Taxation | 3 |
| A problem-oriented introduction to the fundamentals of federal income taxation, particularly as they apply to individuals, including gross income, exclusions, deductions, assignment of income, capital gains and losses, non-recognition transactions, and income tax accounting. Emphasis is on the development of skills necessary for working with the Internal Revenue Code and issues of tax policy. | |
| Wills and Trusts | 3 |
| A study of the law of wills, intestate succession, and trusts. Coverage includes restrictions on testation, execution, and revocation of wills as well as creation, modification, and termination of trusts. There is also attention to the problems of will construction, probate and contest of wills, and fiduciary administration of trusts and decedents' estates. Pre-requisite: Property. | |
| Additional Courses | |
| Juvenile Law | 3 |
| This course examines the central areas of law that impact children, with emphasis on representing child clients in dependency cases, delinquency cases, and custody disputes. Students will become conversant with the seminal cases affecting children and the application of child advocacy through California statutes and case law. The course will be presented in a lecture format that encourages student involvement. Prerequisite: Criminal Procedure, Constitutional Law (recommended) | |
| Marriage and the Law | 2 |
| This course investigates the formation, maintenance, and dissolution of the legal institution of marriage. Topics covered include coverature, polygamy, incest, divorce, anti-miscegenation statutes, spousal control over medical treatment, and the contemporary debates over same-sex marriage. The course examines the ways by which the State regulates who and who may not marry, the authority of state statutes, federal law, and constitutional provisions over the marital relationship, the benefits and burdens that attach to marriage, and the influence that social mores, State interests, religious beliefs, and individual desires exercise over the right to marry. Literature and film will assist in illuminating the doctrinal tensions found in case law. Prerequisite: Constitutional Law (recommended). | |
| Mediation | 3 |
| An introduction to the theory and practice of mediation, the development of mediation skills, applications to different substantive areas, and emerging legal issues. Although the class will focus on the mediation process, communication skills, negotiations, and the spectrum of dispute resolution options will be introduced. | |
| Negotiation | 3 |
| This course involves the strategies, tactics, skills and techniques of negotiation. In addition it will include a basic introduction to assisted negotiation in the form of mediation. The learning takes place through numerous role-plays, as well as through the study of negotiation theory. | |
| Topics in Contemporary Family Law | 3 |
| A course covering a variety of cutting edge issues in current family law practice, with an emphasis on non-traditional families. Topics may include: gay marriage, domestic partnerships and civil unions; protecting the parental rights of lesbian and gay parents; impacts of Assisted Reproductive Technologies on determinations of parenthood; transgender families; family privacy and abortion; changing definitions of fatherhood; and several adoption issues. | |
| Related Courses | |
| Alternative Dispute Resolution | 3 |
| A general introduction to the field of ADR. This addresses the enforceability of arbitration and other alternative dispute resolution agreements, as well as the ethical issues raised in the field. A series of simulations will be used to introduce students to the theories and skills used in negotiation and mediation. | |
| Bioethics | 3 |
| Focusing on the interface of law, medicine, and ethics, this course will examine issues concerning reproductive rights, death and dying, medical research, genetic technology, access to health care and health care decision making. | |
| Elder Law | 2 |
| Elders represent the fastest growing, yet among the most vulnerable members of our society. Topics include elder financial and physical abuse, undue influence, consent, conservatorship proceedings, EADACPA (Elder and Dependent Adult Civil Protection Act), nursing home litigation, duties performed by the Ombudsman, Public Guardian, Adult Protective Service workers, right-to-die, and end-of-life issues. Prerequisites: Criminal Law, Evidence | |
| ERISA | 3 |
| An overview of pension, health and employee benefit law. The subject touches trusts, tax, labor, torts, insurance, investments, state/local legislation and family and estate law. Emphasis is placed on litigation subjects, such as denial of medical/retirement benefits, age discrimination, and fiduciary duty. | |
| Gender and the Law | 3 |
| A study of the construction and treatment of gender under the law. Students will critically examine a number of different feminist legal theories of gender equality and the application of these theories to law and social policy. Topics include gender-based violence, reproductive rights, intimate relationships, and gender identity discrimination. | |
| Health Law | 3 |
| An overview of the U.S. health care system with an emphasis on California law. Topics include access to healthcare, medical malpractice, informed consent (including experimental treatments and right to die), patient privacy rights, fraud and abuse, provider licensing (individual and facility) and regulation, managed care and insurance regulation, Medicare/Med-Cal, scope of practice regulation, and public health responses to health crises | |
| Sexual Orientation and the Law | 3 |
| This course provides students with an overview of legal issues relating to sexual orientation and gender identity, including: sexual privacy; employment discrimination; marriage and other family law issues; peer harassment and first amendment issues in schools; immigration and asylum. In addition to providing an overview of gay and transgender civil rights movements, the course provides students with a foundation in several basic constitutional doctrines (privacy/substantive due process, equal protection, and first amendment. The emphasis is on close reading of key cases, as well as exploring a variety of doctrinal themes, such as the intersection of gender- and sexual orientation based discrimination, the use of social science research in litigation, and the role of morality in the law. | |
Basic courses are those which introduce fundamental concepts and provide the necessary back-
ground to pursue advanced courses in the area. Additional courses expand upon basic concepts
and offer advanced study in the subject area. Related courses provide additional background or demonstrate how the subject area relates to the core concepts of another subject area.
| Basic Courses | Units |
|---|---|
| Copyright Law | 3 |
| A survey of the exclusive property rights given to authors, artists, designers, computer program writers, composers and performers under federal and state law. Emphasis is placed on the ability to advise both creators and users of data, information and creative works. Coverage is also given to related rights such a moral rights, and the right of publicity. | |
| Cyberspace Law | 3 |
| This course studies the emerging body of law relating to cyberspace, focusing on the Internet and online services. The course considers how to adapt law to cyberspace, looking at case law, statutes, and other methods of regulation. Topics include jurisdiction, computer crime, electronic privacy, free speech in cyberspace (including online indecency), online torts (including spam and defamation) and intellectual property in cyberspace. While prior exposure to cyberspace is helpful, no special expertise is required. | |
| Intellectual Property Survey | 3 |
| A survey of rights under U.S. state and federal law for the protection of new technology and inventions (trade secrets and patents), business symbols and literary titles (trademarks), and industrial design (design patents), and rights in works of authorship (copyrights) While the course focuses on American law, it will also introduce students to various aspects of international intellectual property law. It is highly recommended that this course be taken as a foundation to for the advanced study of intellectual property. | |
| Patent Law | 3 |
| An introductory patent law course which focuses on the fundamentals of patent law; patent infringement and patent damages; patent validity issues such as anticipation, obviousness, enablement, and best mode; and equitable aspects of patent enforcement, including the defense of inequitable conduct. Technical training is not required. | |
| Trademark Law | 3 |
| This course will examine, in detail, the major areas of trademark law, including, the trademark registration process at the United States Patent and Trademark Office; the basic rules regarding eligibility for trademark protection under traditional trademark infringement doctrines and under dilution law. The course will also examine a number of defenses to trademark rights, including fair use, generic use, non- commercial use, and First Amendment Protections in this context. The course will also cover various aspects of domain name law, including the Anti-Cyber Squatting Protection Act and the dispute resolution processes promulgated by the ICANN. Finally, the course will examine selected areas of international trademark law, including the specific rules which govern geographical indicators which exist in many foreign countries. | |
| Additional Courses | |
| Antitrust | 3 |
| A study of federal and state laws promoting a free market economy. The course also considers some aspects of the competition laws in their international application including the laws of jurisdictions outside the U.S. The focus is on legal prohibitions against price fixing combinations, restraints of trade, monopolization of markets, and anti-competitive mergers. The main laws studied are the federal Sherman Act, Clayton Act, and Federal Trade Commission Act. Emphasis is placed on the ability to evaluate the antitrust risks present in proposed business and marketing plans. | |
| Antitrust and Intellectual Property | 2 |
| The course will address the relationship between antitrust and intellectual property law, including a summary of those related laws. | |
| Art Law | 2 |
| This course covers contemporary legal, ethical, and public policy issues that involve visual artists (primarily painters and sculptors) and art collectors, dealers, auction houses, and museums. It explores diverse issues comprising a broad area of legal practice including, where appropriate, comparisons with laws of other countries. The focus is on artists' continuing rights in works; the application of intellectual property laws to visual art; how theft, forgery, and contracts affect the art market; regulation of the art market; and government subsidy and control of art. When time allows, the course also looks at museum administration; protection of national art treasures; and international cultural property issues. | |
| Biotechnology Law | 2 |
| An overview of intellectual property and regulatory issues impacting the biotechnology and pharmaceutical industries. Basic principles of licensing, litigation, and international law will also be discussed. The course focuses on the impact of the legal system on research, products, and intellectual property for companies and institutions. Consideration is given to: (1) How do legal issues promote or hinder the development of technology, (2) What role should ethics and public health concerns play in the law, and (3) Does a "one size fits all" patent law make sense for biotechnology. A prior course in intellectual property law or some life science background is helpful but not required. | |
| Cyberspace Law Seminar | 2 |
| Through preparation of a paper and class discussions of selected books and law review articles, this seminar permits students to delve into the debates raging in cyberspace legal scholarship. Students will consider how hard it is to afford strong intellectual property protection online while maintaining a vibrant public domain, to ensure safety and accountability online while not intruding on personal privacy, and to protect vulnerable members of the community while not trampling on online free speech. The relationship of technology to law and to society is also considered. Prerequisite: either Cyberspace Law, Electronic Commerce, or Information Technology Law | |
| Entertainment Law | 2 |
| A study of legal and business issues which arise in the creation, distribution and sale of products and services in the music, radio, television, news media, publishing, theater, and movie industries. Coverage includes components on sex and violence in entertainment and the law; privacy rights and defamation issues; celebrity rights; fair use; the implications of technological innovations on intellectual property in entertainment; artistic credit and control; and emerging issues in the creation and digital distribution of content. Prerequisite: Copyright Law, or Intellectual Property Survey. | |
| Information Privacy Law | 3 |
| This course examines the legal protection of privacy. It explores the interaction of common law, constitutional law, and the patchwork of statutes that endeavor to protect privacy. Topics will include tort privacy claims, privacy of medical information, privacy and law enforcement, privacy and computerized records, and privacy at work. | |
| Intellectual Property Seminar | 3 |
| This seminar permits students to specialize in Intellectual Property by preparation of a paper and seminar discussion. Topic papers include advanced issues in all aspects of Intellectual Property law, from technical subjects such as patent and trade secret issues to trademark and unfair competition issues in marketing to entertainment law issues in the rights of publicity and privacy. Prerequisite: Intellectual Property Survey | |
| International Intellectual Property | 2 |
| A survey of rights under U.S. state and federal law for the protection of new technology and inventions (trade secrets and patents), business symbols and literary titles (trademarks), and industrial design (design patents), and rights in works of authorship (copyrights) While the course focuses on American law, it will also introduce students to various aspects of international intellectual property law. It is highly recommended that this course be taken as a foundation to for the advanced study of intellectual property. | |
| Patent Licensing | 2 |
| This seminar examines the basic elements of patent licensing transactions and is designed to provide the background needed to structure, draft, and negotiate patent licenses as well as limited purpose agreements including employment, consulting, confidentiality, and material transfer agreements. Students complete a series of assignments that will involve drafting several agreements. Prerequisite: Patent Law. | |
| Sports Law | 3 |
| This class will be a general survey of legal issues that arise in the sports context with an emphasis on issues relating to professional sports and the professional athlete. | |
| Telecommunications and Electronic Media Law | 3 |
| This course examines Federal regulation of 1) electronic media including cable television, broadcast television, Direct Broadcast Satellite service, and radio, and 2) telecommunications including wireline, wireless, broadband, and Internet services. Electronic media topics address radio spectrum issues, license assignment, indecency, violence on TV, public trustee obligations, Digital TV, and various "must carry" rules. Telecommunications topics will cover the 1996 Telecommunications Act, "Universal Service", information services (i.e., broadband DSL and cable modem services), VoIP, and cellular issues. Some state regulation will also be considered. | |
| Transactional Trademark Practice | 2 |
| In depth focus on trademark selection and clearance, registration, and counseling. Issues to be discussed and studied include trademark licensing, counterfeit and parallel goods issues, and administrative litigation with the Trademark Trial and Appeal Board. Students will work in teams, analyze and provide oral presentations and written reports on corporate trademark issues throughout the semester. Emphasis will be on developing creative and strategic solutions to trademark matters. A final paper is due at end of semester. Pre-requisite: Intellectual Property Survey (recommended). | |
| Related Courses | |
| Administrative Law | 3 |
| This course considers the relationship between agencies and the other branches of government, the rulemaking and adjudicatory procedures by which agencies implement congressional statues, and the role of the courts in reviewing agency actions. The course will examine the tension between allowing agencies the flexibility to manage complex regulatory and benefit programs efficiently, while at the same time ensuring fair treatment and accountability to those they serve. Since many lawyers practice in regulated areas -- such as food and drug law; housing and zoning law; energy law; communications law; business, corporate and securities law; employment and labor law; environmental law, and other regulated fields -- this course can be very valuable in understanding the regulatory process and agency operations. | |
| International Business Transactions | 3 |
| This course examines the legal issues that arise when business dealings span different nations. The course begins with a discussion of the environment of international business, including an introduction to international trade law, the world economic environment, and international tax issues. Next, a series of representative transactions are explored, including export sales, agency and distributorship, licensing, joint ventures, and other strategic agreements. | |
| International Economic Relations | 3 |
| This course examines the legal structure of the international trade system. It considers the United States Customs and trade laws and policies impact on International trade. The impacts of General Agreement on Tariffs and Trade (GATT), the World Trade Organization (WTO), the North American Free Trade Agreement (NAFTA) and the movement of good within the European community. It reviews the impact of Tariffs and trade policies on the free movement of goods. | |
| Venture Capital Law | 3 |
| The course provides a practical examination of the lawyer's role in forming, financing and counseling start up companies. The course will emphasize negotiating skills in the context of issues like raising money from venture capitalists and restructuring a company in a Chapter 11 proceeding. Pre-requisite: Corporations. | |
Basic courses are those which introduce fundamental concepts and provide the necessary back-
ground to pursue advanced courses in the area. Additional courses expand upon basic concepts
and offer advanced study in the subject area. Related courses provide additional background or demonstrate how the subject area relates to the core concepts of another subject area.
| Basic Courses | Units |
|---|---|
| Comparative Law | 2-3 |
| An overview of the legal systems of Western Europe, Latin America and Asia. The traditional legal systems of selected African and Asian nations and their melding with the civil and common law are examined in depth. Legal transplants and political transitions are considered, especially in the area of constitutional law. | |
| International Business Transactions | 3 |
| This course examines the legal issues that arise when business dealings span different nations. The course begins with a discussion of the environment of international business, including an introduction to international trade law, the world economic environment, and international tax issues. Next, a series of representative transactions are explored, including export sales, agency and distributorship, licensing, joint ventures, and other strategic agreements. | |
| International Economic Relations | 3 |
| This course examines the legal structure of the international trade system. It considers the United States Customs and trade laws and policies impact on International trade. The impacts of General Agreement on Tariffs and Trade (GATT), the World Trade Organization (WTO), the North American Free Trade Agreement (NAFTA) and the movement of good within the European community. It reviews the impact of Tariffs and trade policies on the free movement of goods. | |
| Public Interest Law | 3 |
| This course focuses on public interest and other public interest organizations. It provides basic information regarding incorporation and tax-exempt status, dangers of operating unincorporated associations, duties of trustees and directors, rights of members, limitations on political activity by nonprofit organizations and attorney general enforcement of charitable trust laws. The course also covers fraudulent fund-raising, the ability of controversial groups to obtain Internal Revenue Code Section 501(c)(3) tax exempt status and internal disputes in religious organizations. The course provides an economic analysis of nonprofit organizations and evaluates anti-trust limitations emphasizing college sports and financial aid. | |
| Additional Courses | |
| Asian Legal Systems | 2 |
| This course examines the constitutions and legal systems of the leading countries in East Asia, including China, South Korea, Japan, the Philippines, Taiwan, Indonesia, Thailand, Malaysia, and Vietnam. The focus will be on business laws, competition laws, human rights, intellectual property laws, and dispute resolution mechanisms. The court system of each country is examined along with the cultural, historical, and religious antecedents of each legal system which influence the role of the law in that country at the present time. | |
| Chinese Law | 2 |
| This course provides a general introduction to the Chinese legal system including the organization of the courts, and the legal culture. It focuses on Chinese business law particularly as it relates to foreign trade and foreign investment in China. There is also coverage of the international arbitration process and other alternative dispute methods used in China. | |
| European Union Law | 2 |
| An introductory course designed to give an overview of the law and institutions of the European Union (EU). The course will commence with a historical overview of the EU, followed by an examination of EU institutions and the sources and nature of EU law. The course will emphasize judicial interpretation and control of EU law. The course will also cover the issues of EU membership and enlargement, EU citizenship, EU internal market and EU external relations. | |
| International Human Rights Law | 3 |
| An introduction to international human rights documents and the procedures and mechanisms available for protecting and promoting human rights. It covers regional systems as well as the United Nations human rights bodies. It also includes the use of international human rights law in United States courts, addressing direct treaty application, customary international law, and its use as an interpretive guide. Readings on how to conduct fact investigation are also discussed. | |
| International Intellectual Property | 2 |
| A course in designed to prepare students for transactional work and litigation in an international IP practice with an understanding of some of the economic and cultural issues underlying IP law in other parts of the world. The course covers patents, trademarks, copyrights, unfair competition and trade secrets in the context of foreign laws and international agreements and treaties. | |
| International Trade Law Seminar | 3 |
| A seminar exploring the relationship between international trade law under the WTO and the impact trade law has on the environment. The course focuses on environmental trade cases decided by the WTO that relate to public health and the environment, air pollution, food safety, and endangered species. Topics covered include: (1) the causes of environmental degradation and the interaction with trade law; (2) the structure, role, and function of the WTO as it relates to international environmental trade law; (3) the WTO dispute settlement process of environmental trade cases; and (4) the role of non-governmental organizations (NGOs) in WTO disputes. The seminar will also address emerging issues under the WTO related to energy security and accessions of new members such as China. | |
| Related Courses | |
| Administrative Law | 3 |
| This course considers the relationship between agencies and the other branches of government, the rulemaking and adjudicatory procedures by which agencies implement congressional statues, and the role of the courts in reviewing agency actions. The course will examine the tension between allowing agencies the flexibility to manage complex regulatory and benefit programs efficiently, while at the same time ensuring fair treatment and accountability to those they serve. For anyone considering practice in a regulated area, like Business Law, Corporate Law, Employment or Labor Law, Environmental Law, Poverty Law (etc.), the course provides essential insights into the regulatory process and agency operations. | |
| Corporations | 4 |
| A basic course in corporate law, including the concept of the entity and its liabilities, management, promotion, financing, and organization. Coverage includes the issuance of shares, elections, and the proxy system; control devices and special problems of the close corporation; derivative suits and basic securities regulation. | |
| Employment Law | 3 |
| This course surveys the rapidly evolving law of the workplace and the rights and responsibilities of employers and employees. Its focus is on the developing legal limits to the traditional "employment at will" doctrine. Common law topics include implied contract theories, the covenant of good faith and fair dealing, and wrongful discharge claims. The class also explores the trend toward statutory regulation of the workplace by analyzing some of the federal laws governing specific terms and conditions of employment. The class also introduces some of the issues arising from the intersection between employment and intellectual property law, including employers' use of non-competition agreements and trade secret protection. | |
| Federal Courts | 3 |
| A study of the role of the federal courts in the constitutional system, with particular attention to the doctrines of separation of powers and federalism. The course will consider the constitutional and statutory jurisdiction of the federal courts, the various doctrines permitting the courts to defer or decline jurisdiction, and the relationship of the federal courts to state law and state courts. | |
| Immigration Law | 3 |
| An overview of U.S. immigration and citizenship laws, including the statutes and the public policy contexts, regulations and judicial decisions. Topics covered include nonimmigrant visas, how to obtain and retain lawful permanent resident status, exclusion at the border, grounds for deportation, deportation hearing procedures, relief from deportation, administrative appeals, federal judicial review, asylum, and citizenship and naturalization. | |
| Labor Law | 3 |
| This is an overview of the statutory, administrative, and judicial decisions in the field of employer-union-employee relationships and the collective bargaining process. Emphasis is on the National Labor Relations Act and the cognate legislation as affecting union organization, representation and employee rights. The course will focus on the nature of the labor and management in the global marketplace. | |
Basic courses are those which introduce fundamental concepts and provide the necessary back-
ground to pursue advanced courses in the area. Additional courses expand upon basic concepts
and offer advanced study in the subject area. Related courses provide additional background or demonstrate how the subject area relates to the core concepts of another subject area.
| Basic Courses | Units |
|---|---|
| Employment Discrimination | 3 |
| A survey of federal law prohibitions against, and remedies for, employment discrimination, including discrimination on the basis of race, ethnic origin, sex, age, and disability. The principle focus is on Title VII, the Age of Discrimination in Employment Act and the Americans with Disabilities Act, but California Law is also discussed. Among the issues covered are: the nature and proof of discrimination, justifications for discrimination, harassment as discrimination, the "reasonable accommodation" requirement, and innovative approaches in the field. | |
| Employment Law | 3 |
| This course surveys the rapidly evolving law of the workplace and the rights and responsibilities of employers and employees. Its focus is on the developing legal limits to the traditional "employment at will" doctrine. Common law topics include implied contract theories, the covenant of good faith and fair dealing, and wrongful discharge claims. The class also explores the trend toward statutory regulation of the workplace by analyzing some of the federal laws governing specific terms and conditions of employment. The class also introduces some of the issues arising from the intersection between employment and intellectual property law, including employers' use of non-competition agreements and trade secret protection. | |
| Labor Law | 3 |
| This is an overview of the statutory, administrative, and judicial decisions in the field of employer-union-employee relationships and the collective bargaining process. Emphasis is on the National Labor Relations Act and the cognate legislation as affecting union organization, representation and employee rights. The course will focus on the nature of the labor and management in the global marketplace. | |
| Additional Courses | |
| Administrative Law | 3 |
| This course considers the relationship between agencies and the other branches of government, the rulemaking and adjudicatory procedures by which agencies implement congressional statues, and the role of the courts in reviewing agency actions. The course will examine the tension between allowing agencies the flexibility to manage complex regulatory and benefit programs efficiently, while at the same time ensuring fair treatment and accountability to those they serve. Since many lawyers practice in regulated areas -- such as food and drug law; housing and zoning law; energy law; communications law; business, corporate and securities law; employment and labor law; environmental law, and other regulated fields -- this course can be very valuable in understanding the regulatory process and agency operations. | |
| Arbitration | 3 |
| This course explores arbitration as a means of dispute resolution. The course is designed as both a lecture and practice course. The lecture portion of the course describes legal principles applicable to arbitration derived from statutory and decisional authority. In the practice portion of the course students draft arbitration agreements, advocate for and against arbitration, and experience the differences between advocacy in arbitration and advocacy in court. | |
| Employment Law Seminar | 3 |
| Students explore advanced topics in employment law, as well as the process of writing academic papers. Each student prepares a paper on an employment law topic of their choice and presents it to the class during the term. Prerequisite or Co-requisite: Employment Law, Employment Discrimination, or permission of the professor. Prerequisite: Employment Law, or Employment Discrimination, or permission of the professor. | |
| Entertainment Law | 2 |
| A study of legal and business issues which arise in the creation, distribution and sale of products and services in the music, radio, television, news media, publishing, theater, and movie industries. Coverage includes components on sex and violence in entertainment and the law; privacy rights and defamation issues; celebrity rights; fair use; the implications of technological innovations on intellectual property in entertainment; artistic credit and control; and emerging issues in the creation and digital distribution of content. Prerequisite: Copyright Law, or Intellectual Property Survey. | |
| ERISA | 3 |
| An overview of pension, health and employee benefit law. The subject touches trusts, tax, labor, torts, insurance, investments, state/local legislation and family and estate law. Emphasis is placed on litigation subjects, such as denial of medical/retirement benefits, age discrimination, and fiduciary duty. | |
| Labor and Employment Seminar | 3 |
| Students explore advanced topics in labor and employment law, as well as the process of writing academic papers. Each student will prepare a paper on a topic (of their choice) and present it to the class during the term. Prerequisite or Co-requisite: either Labor Law, Employment Discrimination, or Employment Law. | |
| Mediation | 3 |
| An introduction to the theory and practice of mediation, the development of mediation skills, applications to different substantive areas, and emerging legal issues. Although the class will focus on the mediation process, communication skills, negotiations, and the spectrum of dispute resolution options will be introduced. | |
| Negotiation | 3 |
| This course involves the strategies, tactics, skills and techniques of negotiation. In addition it will include a basic introduction to assisted negotiation in the form of mediation. The learning takes place through numerous role-plays, as well as through the study of negotiation theory. | |
| Sports Law | 3 |
| This class will be a general survey of legal issues that arise in the sports context with an emphasis on issues relating to professional sports and the professional athlete. | |
| Related Courses | |
| Alternative Dispute Resolution | 3 |
| A general introduction to the field of ADR. This addresses the enforceability of arbitration and other alternative dispute resolution agreements, as well as the ethical issues raised in the field. A series of simulations will be used to introduce students to the theories and skills used in negotiation and mediation. | |
| Appellate Advocacy | 3 |
| An advanced advocacy course that teaches the complementary skills of brief writing and oral argument at a sophisticated level | |
| Corporations | 4 |
| A basic course in corporate law, including the concept of the entity and its liabilities, management, promotion, financing, and organization. Coverage includes the issuance of shares, elections, and the proxy system; control devices and special problems of the close corporation; derivative suits and basic securities regulation. | |
| Elder Law | 3 |
| Elders represent the fastest growing, yet among the most vulnerable members of our society. Topics include elder financial and physical abuse, undue influence, consent, conservatorship proceedings, EADACPA (Elder and Dependent Adult Civil Protection Act), nursing home litigation, duties performed by the Ombudsman, Public Guardian, Adult Protective Service workers, right-to-die, and end-of-life issues. Prerequisites: Criminal Law, Evidence | |
| Racism and Justice in American Legal History | 3 |
| An examination of the history, politics, theory and law related to race and ethnicity in America. Attention will be given to anti-discrimination law and, in addition, to a survey of racial issues embedded in core areas such as criminal, contract, tort and property law. Emphasis will be on providing critical contextual perspective on the intersection between racialized experience and the law, and on increasing student's critical thinking, writing, and oral communication skills in a small group learning environment. Pre-requisite: Constitutional Law (recommended). | |
| Sexual Orientation and the Law | 3 |
| This course provides students with an overview of legal issues relating to sexual orientation and gender identity, including: sexual privacy; employment discrimination; marriage and other family law issues; peer harassment and first amendment issues in schools; immigration and asylum. In addition to providing an overview of gay and transgender civil rights movements, the course provides students with a foundation in several basic constitutional doctrines (privacy/substantive due process, equal protection, and first amendment. The emphasis is on close reading of key cases, as well as exploring a variety of doctrinal themes, such as the intersection of gender- and sexual orientation based discrimination, the use of social science research in litigation, and the role of morality in the law. | |
Basic courses are those which introduce fundamental concepts and provide the necessary back-
ground to pursue advanced courses in the area. Additional courses expand upon basic concepts
and offer advanced study in the subject area. Related courses provide additional background or demonstrate how the subject area relates to the core concepts of another subject area.
| Basic Courses | Units |
|---|---|
| Environmental Law | 3 |
| An overview of federal environmental law and regulation covering the primary common law approach to environmental issues, nuisance law, and addressing the major federal environmental statutes' role in land use, pollution control, and liability for hazardous contamination. The course we will focus on the following themes: (1) How does the nature of an environmental problem affect the crafting of the legal response? (2) What are the primary ways in which pollution control mechanisms are or could be structured? (3) What are the economic and efficiency implications of various pollution control and liability policies? (4) What are the fairness implications of various pollution control and liability policies? (5) How does or should environmental law cope with the problem of scientific uncertainty? (6) How have concerns about federalism been manifested in pollution control law? (7) What are the respective roles of Congress, the executive branch, and the courts in shaping environmental policy? | |
| Land Use Law | 3 |
| Land is the focus of intense legal and social conflict. In this course, students learn the basics of land development and the regulation process (including zoning, planning, and subdivision law), with an emphasis on California law. The course explores contemporary land use struggles, including accommodating population and job growth, preserving the environment, providing affordable housing, and respecting property rights ("takings") Prerequisite: Property | |
| Additional Courses | |
| Administrative Law | 3 |
| This course considers the relationship between agencies and the other branches of government, the rulemaking and adjudicatory procedures by which agencies implement congressional statues, and the role of the courts in reviewing agency actions. The course will examine the tension between allowing agencies the flexibility to manage complex regulatory and benefit programs efficiently, while at the same time ensuring fair treatment and accountability to those they serve. For anyone considering practice in a regulated area, like Business Law, Corporate Law, Employment or Labor Law, Environmental Law, Poverty Law (etc.), the course provides essential insights into the regulatory process and agency operations. | |
| California Environmental Law | 3 |
| An exploration of key aspects of environmental law practice in California, such as Proposition 65 (a unique and frequently litigated law that governs toxics warnings and discharge limitations), CEQA (California's environmental review statute), hazardous substance liability laws. The course introduces the most significant California regulatory agencies and their practices. It also examines the complex interplay between federal and state environmental laws and regulatory structures. | |
| International Environmental Law | 3 |
| This course is designed to provide students with a working knowledge of international institutions, an understanding of the major environmental problems facing the global environment, and insight into the difficult political, moral, and scientific issues facing the on-going development of international environmental law. Specific environmental issues to be considered include: air pollution, ozone depletion, climate change, water resources and pollution, hazardous materials, and endangered species and biodiversity. The course also briefly consider the connections between international environmental law, trade, and financial institutions. There are no prerequisites and no prior knowledge of international or environmental law is necessary or expected. | |
| Housing Discrimination | 3 |
| After examining the history and causes of economic and racial residential segregation, the class critically evaluates legal and policy solutions to it. Legal responses are considered, such as federal fair housing law, the N.J. Supreme Court's Mt. Laurel doctrine, and the Gauntreax litigation. There is an analysis of policies, including various federal housing and community development programs, a metropolitan revenue-sharing programs, and proposals to reallocate land use authority from local governments to regional entities. Prerequisite: Property. | |
| Maritime Law | 3 |
| A survey of maritime law and the practices and procedures affecting today's maritime industry. Emphasis includes studies of admiralty jurisdiction; maritime torts to person and property; maritime liens and mortgages; maritime contracts, including transportation of cargo and marine insurance, the doctrines of limitation of liability, general average, salvage, and un-seaworthiness; and, the use of maritime remedies, such as vessel arrests and foreign attachment. | |
| Public Land and Natural Resources Law | 3 |
| A course examining the management of natural resources on our nation's public lands, with a special focus on the American West. There is an overview of public lands law, including historic public land policies and key doctrines shaping public lands management and an exploration of specific natural resource issues on the public lands: mining and its impacts; logging, forest management and the national forests; grazing and its impacts; wildlife and endangered species; the national parks and the recreation "resource;" and wilderness and wild rivers. These topics will include discussion of current controversies over the nation's mining, logging, grazing, and endangered species laws and policies. | |
| Real Estate Sales Transactions | 3 |
| This course takes students through the acquisition of a commercial property in San Francisco. Students will approach the transaction as though they were participants, learning the elements of the transaction in a step-by-step process which will include brokering the deal, preparing the letter of intent, negotiating the purchase contract, examining title to the property, and closing the deal. The course covers laws relating to real estate brokers, the contract law of real property transactions, and title to real property. Materials will include cases as well as actual title reports, listing agreements, contracts and leases. Emphasis will be on California law, with some focus on Federal law where it impacts California transactions. Prerequisite: Property. | |
| Real Estate Secured Transactions | 3 |
| A study of the substantive and procedural attributes of the mortgage and deed of trust, and other devices using real property as a security. Focus is on California law with a study of the impact of federal rules on that law. Prerequisite: Property (required), Real Estate Transactions (recommended). | |
| Water Resources Law | 3 |
| An exploration of the modern legal principles and polices controlling the allocation of water among competing users: cities, farms, recreation, environment, and power. The course covers the regulation of surface water, including an in-depth study of riparian rights and appropriative rights, and groundwater. There is emphasis on the modern, public interest legal developments that are controlling water allocation today: the Endangered Species Act, the Clean Water Act, the Wild and Scenic Rivers Act and the public trust doctrine. The course also covers water transfers, interstate and international water allocation schemes, Native American water rights, and the large public water institutions that control water supply in the West, including the federal Bureau of Reclamation. The course also covers the issues unique to California, including a study of the Sacramento-San Joaquin Delta. | |
| Related Courses | |
| Complex Civil Litigation | 3 |
| A course in advanced civil procedure which focuses on procedural problems arising in multi-party and/or multi-forum cases, especially in "mass torts" such as asbestos, IUD, breast implant and tobacco cases, including class actions. The problems discussed include: the recent history of mass tort litigation; review of class actions and other devices for consolidated resolution of "common issue" cases in federal and state courts; a comparison of class actions in federal and state courts; problems of "nationwide" class actions; competing class actions; problems of federalism; discovery problems in complex cases; problems of aggregative determinations of damages; and court control of settlements and attorney fee awards | |
| Federal Courts | 3 |
| A study of the role of the federal courts in the constitutional system, with particular attention to the doctrines of separation of powers and federalism. The course will consider the constitutional and statutory jurisdiction of the federal courts, the various doctrines permitting the courts to defer or decline jurisdiction, and the relationship of the federal courts to state law and state courts. | |
| International Trade Law Seminar | 3 |
| This course examines the legal structure of the international trade system. It considers the United States Customs and trade laws and policies impact on International trade. The impacts of General Agreement on Tariffs and Trade (GATT), the World Trade Organization (WTO), the North American Free Trade Agreement (NAFTA) and the movement of good within the European community. It reviews the impact of Tariffs and trade policies on the free movement of goods. | |
| Local Governments Law | 3 |
| Local governments impact the everyday lives of citizens more directly than any other level of government. They provide important services and control the physical development of land. They are major employers and offer opportunities for citizens to exercise their democratic rights. Constitutional law, statutory law and common law each mediate local governments' myriad relationships with federal and state government. Using classic and contemporary legal problems, this course examines various types of local governments, how they are formed, their limited powers, how boundaries are revised, inter-local conflicts and regional issues. Prerequisite: Property | |
| Secured Transactions | 3 |
| A survey of the law related to the use of personal property as security in both commercial and consumer credit transactions. The focus is on Article 9 of the Uniform Commercial Code, with an exploration of the purpose and scope of Article 9 and the difference between secured and unsecured credit. Transactions where lending is based on tangible or intangible personal property are considered, including equipment, inventory, receivables, intellectual property, and consumer assets. The course examines creation, perfection and enforcement of security interests; priority disputes among competing secured creditors or between secured creditors and other claimants; and debtor's rights and creditor's remedies in the event of default. | |
Basic courses are those which introduce fundamental concepts and provide the necessary back-
ground to pursue advanced courses in the area. Additional courses expand upon basic concepts
and offer advanced study in the subject area. Related courses provide additional background or demonstrate how the subject area relates to the core concepts of another subject area.
| Basic Courses | Units |
|---|---|
| Administrative Law | 3 |
| This course considers the relationship between agencies and the other branches of government, the rulemaking and adjudicatory procedures by which agencies implement congressional statues, and the role of the courts in reviewing agency actions. The course will examine the tension between allowing agencies the flexibility to manage complex regulatory and benefit programs efficiently, while at the same time ensuring fair treatment and accountability to those they serve. For anyone considering practice in a regulated area, like Business Law, Corporate Law, Employment or Labor Law, Environmental Law, Poverty Law (etc.), the course provides essential insights into the regulatory process and agency operations. | |
| Corporations | 4 |
| A basic course in corporate law, including the concept of the entity and its liabilities, management, promotion, financing, and organization. Coverage includes the issuance of shares, elections, and the proxy system; control devices and special problems of the close corporation; derivative suits and basic securities regulation. | |
| Federal Courts | 3 |
| A study of the role of the federal courts in the constitutional system, with particular attention to the doctrines of separation of powers and federalism. The course will consider the constitutional and statutory jurisdiction of the federal courts, the various doctrines permitting the courts to defer or decline jurisdiction, and the relationship of the federal courts to state law and state courts. | |
| Remedies | 3 |
| A study of the types of relief granted by courts in civil cases focusing on three major topics: 1) damages, including a review of general principles of tort and contract damages; 2) equitable remedies, including obtaining and enforcing preliminary and permanent injunctions in both private and public controversies; and 3) restitutionary relief to prevent unjust enrichment, including constructive trusts and equitable liens. | |
| Additional Courses | |
| Advanced Criminal Procedure | 3 |
| An in-depth historical analysis of the fundamental rights of the criminally accused focusing on the Fourth, Fifth, Sixth and Eighth Amendments. This course explores the Supreme Courts changing perspective on criminal law, particularly the period from the Warren Court decisions of the 1960's to the present Roberts Court perspective. The course includes various practical demonstrations on the utilization of constitutional criminal procedure in the litigation of criminal cases. Pre-requisite: Criminal Procedure. | |
| Death Penalty Law | 3 |
| A course examining the law governing application of the death penalty in the context of the moral, social, and political questions raised by capital punishment. The course considers key issues, including the meaning and limits of the Eighth Amendment; attempts to enact constitutional death penalty statutes; jury selection; the roles of trial and appellate courts in the process; the effect of race in the application of the death penalty; and post-conviction review of capital sentences. Prerequisites: Criminal Law, Criminal Procedure | |
| Election Law | 3 |
| This course explores the federal and state laws that regulate the political process and elections, with a focus on California law. Specific areas covered include the right to vote, ballot access, redistricting, the nomination process, campaigning for office, campaign finance, the Voting Rights Act, the role of the courts in election disputes, political parties, election administration and voting systems, bribery and related ethics principles, and ballot propositions, including initiative, referendum and recall measures. No background in politics or political science is required. Recommended: Constitutional Law. | |
| Health Law | 3 |
| An overview of the U.S. health care system with an emphasis on California law. Topics include access to healthcare, medical malpractice, informed consent (including experimental treatments and right to die), patient privacy rights, fraud and abuse, provider licensing (individual and facility) and regulation, managed care and insurance regulation, Medicare/Med-Cal, scope of practice regulation, and public health responses to health crises. | |
| Housing Discrimination | 3 |
| After examining the history and causes of economic and racial residential segregation, the class critically evaluates legal and policy solutions to it. Legal responses are considered, such as federal fair housing law, the N.J. Supreme Courts Mt. Laurel doctrine, and the Gauntreax litigation. There is an analysis of policies, including various federal housing and community development programs, a metropolitan revenue-sharing programs, and proposals to reallocate land use authority from local governments to regional entities. Prerequisite: Property. | |
| Immigration Law | 3 |
| An overview of U.S. immigration and citizenship laws, including the statutes and the public policy contexts, regulations and judicial decisions. Topics covered include nonimmigrant visas, how to obtain and retain lawful permanent resident status, exclusion at the border, grounds for deportation, deportation hearing procedures, relief from deportation, administrative appeals, federal judicial review, asylum, and citizenship and naturalization. | |
| Information Privacy Law | 3 |
| This course examines the legal protection of privacy. It explores the interaction of common law, constitutional law, and the patchwork of statutes that endeavor to protect privacy. Topics will include tort privacy claims, privacy of medical information, privacy and law enforcement, privacy and computerized records, and privacy at work. | |
| International Human Rights | 3 |
| An introduction to international human rights documents and the procedures and mechanisms available for protecting and promoting human rights. It covers regional systems as well as the United Nations human rights bodies. It also includes the use of international human rights law in United States courts, addressing direct treaty application, customary international law, and its use as an interpretive guide. Readings on how to conduct fact investigation are also discussed. | |
| Marriage Law | 2 |
| This course investigates the formation, maintenance, and dissolution of the legal institution of marriage. Topics covered include coverature, polygamy, incest, divorce, anti-miscegenation statutes, spousal control over medical treatment, and the contemporary debates over same-sex marriage. The course examines the ways by which the State regulates who and who may not marry, the authority of state statutes, federal law, and constitutional provisions over the marital relationship, the benefits and burdens that attach to marriage, and the influence that social mores, State interests, religious beliefs, and individual desires exercise over the right to marry. Literature and film will assist in illuminating the doctrinal tensions found in case law. Prerequisite: Constitutional Law (recommended). | |
| Nonprofit and Public Interest Organizations | 3 |
| This course focuses on public interest and other public interest organizations. It provides basic information regarding incorporation and tax-exempt status, dangers of operating unincorporated associations, duties of trustees and directors, rights of members, limitations on political activity by nonprofit organizations and attorney general enforcement of charitable trust laws. The course also covers fraudulent fund-raising, the ability of controversial groups to obtain Internal Revenue Code Section 501(c)(3) tax exempt status and internal disputes in religious organizations. The course provides an economic analysis of nonprofit organizations and evaluates anti-trust limitations emphasizing college sports and financial aid. | |
| Predatory Lending Law | 2 |
| A course covering federal and state laws that regulate lending including the Truth in Lending Act, Equal Credit Opportunity Act, Civil Rights Act, and Unfair Business Practices Act. The class also includes practical training in understanding and reviewing loan documents, interview techniques, collaborative lawyering, discovery and motion practice. | |
| Racism and Justice in American Legal History | 3 |
| Former title: Race, Law, and Policy, students may not earn credit for both courses. An examination of the history, politics, theory and law related to race and ethnicity in America. Attention will be given to anti-discrimination law and, in addition, to a survey of racial issues embedded in core areas such as criminal, contract, tort and property law. Emphasis will be on providing critical contextual perspective on the intersection between racialized experience and the law, and on increasing students critical thinking, writing, and oral communicati | |
| Sexual Orientation and the Law | 3 |
| This course provides students with an overview of legal issues relating to sexual orientation and gender identity, including: sexual privacy; employment discrimination; marriage and other family law issues; peer harassment and first amendment issues in schools; immigration and asylum. In addition to providing an overview of gay and transgender civil rights movements, the course provides students with a foundation in several basic constitutional doctrines (privacy/substantive due process, equal protection, and first amendment. The emphasis is on close reading of key cases, as well as exploring a variety of doctrinal themes, such as the intersection of gender- and sexual orientation based discrimination, the use of social science research in litigation, and the role of morality in the law. | |
| Topics in Contemporary Family Law | 3 |
| A course covering a variety of cutting edge issues in current family law practice, with an emphasis on non-traditional families. Topics may include: gay marriage, domestic partnerships and civil unions; protecting the parental rights of lesbian and gay parents; impacts of Assisted Reproductive Technologies on determinations of parenthood; transgender families; family privacy and abortion; changing definitions of fatherhood; and several adoption issues. | |
| Wrongful Convictions | 3 |
| This course surveys: 1) the various causes of wrongful prosecution, conviction, and incarceration of the factually innocent (e.g., eyewitness misidentification, false confessions, perjured testimony, forensic fraud, police and prosecutorial misconduct, ineffective assistance of counsel, etc.); and 2) the various legal and policy solutions for minimizing wrongful conviction in the American criminal justice system. Pre-requisite: Criminal Law, Criminal Procedure. | |
| Related Courses | |
| Animal Law | 3 |
| A survey of the laws understanding and treatment of animals by looking at the development of federal and state policies toward wild, domestic, and companion animals. Specific topics may include the history of animal law, the concept of animals as property, the application of tort and remedies law to injuries by and to pets, protection of animals by cruelty and other laws, and constitutional issues raised in cases involving animals. | |
| Bioethics | 3 |
| Focusing on the interface of law, medicine, and ethics, this course will examine issues concerning reproductive rights, death and dying, medical research, genetic technology, access to health care and health care decision making. | |
| California Environmental Law | 3 |
| An exploration of key aspects of environmental law practice in California, such as Proposition 65 (a unique and frequently litigated law that governs toxics warnings and discharge limitations), CEQA (California's environmental review statute), hazardous substance liability laws. The course introduces the most significant California regulatory agencies and their practices. It also examines the complex interplay between federal and state environmental laws and regulatory structures. | |
| Corporate Accountability and Social Justice | 2 |
| A seminar exploring corporate social responsibility and considering the impact of corporate activities on human rights and the environment. Students will gain an understanding of the legal norms of accountability emerging from international human rights doctrine, regional jurisprudence and U.S. case law. Topics covered will be include paramilitary security forces, control of water supplies and other natural resources, pollution and toxic dumping in minority communities, and climate change. | |
| Cyberspace Law | 3 |
| This course studies the emerging body of law relating to cyberspace, focusing on the Internet and online services. The course considers how to adapt law to cyberspace, looking at case law, statutes, and other methods of regulation. Topics include jurisdiction, computer crime, electronic privacy, free speech in cyberspace (including online indecency), online torts (including spam and defamation) and intellectual property in cyberspace. While prior exposure to cyberspace is helpful, no special expertise is required. | |
| Elder Law | 3 |
| Elders represent the fastest growing, yet among the most vulnerable members of our society. Topics include elder financial and physical abuse, undue influence, consent, conservatorship proceedings, EADACPA (Elder and Dependent Adult Civil Protection Act), nursing home litigation, duties performed by the Ombudsman, Public Guardian, Adult Protective Service workers, right-to-die, and end-of-life issues. Prerequisites: Criminal Law, Evidence | |
| Employment Discrimination | 3 |
| A survey of federal law prohibitions against, and remedies for, employment discrimination, including discrimination on the basis of race, ethnic origin, sex, age, and disability. The principle focus is on Title VII, the Age of Discrimination in Employment Act and the Americans with Disabilities Act, but California Law is also discussed. Among the issues covered are: the nature and proof of discrimination, justifications for discrimination, harassment as discrimination, the "reasonable accommodation" requirement, and innovative approaches in the field. | |
| Employment Law | 3 |
| This course surveys the rapidly evolving law of the workplace and the rights and responsibilities of employers and employees. Its focus is on the developing legal limits to the traditional "employment at will" doctrine. Common law topics include implied contract theories, the covenant of good faith and fair dealing, and wrongful discharge claims. The class also explores the trend toward statutory regulation of the workplace by analyzing some of the federal laws governing specific terms and conditions of employment. The class also introduces some of the issues arising from the intersection between employment and intellectual property law, including employers' use of non-competition agreements and trade secret protection. | |
| Environmental Law | 3 |
| An overview of federal environmental law and regulation covering the primary common law approach to environmental issues, nuisance law, and addressing the major federal environmental statutes' role in land use, pollution control, and liability for hazardous contamination. The course we will focus on the following themes: (1) How does the nature of an environmental problem affect the crafting of the legal response? (2) What are the primary ways in which pollution control mechanisms are or could be structured? (3) What are the economic and efficiency implications of various pollution control and liability policies? (4) What are the fairness implications of various pollution control and liability policies? (5) How does or should environmental law cope with the problem of scientific uncertainty? (6) How have concerns about federalism been manifested in pollution control law? (7) What are the respective roles of Congress, the executive branch, and the courts in shaping environmental policy? | |
| Family Law | 3 |
| A study of the legal and policy issues involved in the regulation of the family. The course surveys state and federal law as it impinges on the family, including issues related to marriage, divorce, child custody, spousal abuse, child neglect and abuse, nontraditional families, and new reproductive technologies. | |
| First Amendment, Free Speech, and Religion | 3 |
| An overview of First Amendment freedoms: speech, press, and religion. The course examines contemporary theoretical approaches to understanding the First Amendment in several contexts including, obscenity, violent, hateful and threatening speech, Internet speech, artistic expression, defamation, privacy, advocacy and dissent, reporter's privileges, commercial speech and anonymity, as well as the evolving religious liberty doctrines of nonedorsement and incidental effects. In each area there is an attempt to answer whether restrictions are justified and if so, the appropriate scope for such restrictions. Prerequisite: Constitutional Law. | |
| Gender and the Law | 3 |
| A study of the construction and treatment of gender under the law. Students will critically examine a number of different feminist legal theories of gender equality and the application of these theories to law and social policy. Topics include gender-based violence, reproductive rights, intimate relationships, and gender identity discrimination. | |
| Juvenile Law | 3 |
| This course examines the central areas of law that impact children, with emphasis on representing child clients in dependency cases, delinquency cases, and custody disputes. Students will become conversant with the seminal cases affecting children and the application of child advocacy through California statutes and case law. The course will be presented in a lecture format that encourages student involvement. Prerequisite: Criminal Procedure, Constitutional Law (recommended) | |
| Labor Law | 3 |
| This is an overview of the statutory, administrative, and judicial decisions in the field of employer-union-employee relationships and the collective bargaining process. Emphasis is on the National Labor Relations Act and the cognate legislation as affecting union organization, representation and employee rights. The course will focus on the nature of the labor and management in the global marketplace. | |
| Land Use Law | 3 |
| Land is the focus of intense legal and social conflict. In this course, students learn the basics of land development and the regulation process (including zoning, planning, and subdivision law), with an emphasis on California law. The course explores contemporary land use struggles, including accommodating population and job growth, preserving the environment, providing affordable housing, and respecting property rights ("takings") Prerequisite: Property | |
| Legal Issues and Terrorism, Post 9/11 | 2 |
| An exploration of the tension between national security and civil liberties by studying the powers of the President and the Congress to declare and wage war; the detentions of enemy combatants and "ghost detainees"; the application of the Geneva Conventions and other international laws and treaties to the detainees; the role of military commissions and administrative Combatant Status Review Tribunals; the Military Commissions Act of 2006; the Supreme Court; the administration memos regarding the war on terror, including the several torture memos; Abu Ghraib and the war in Iraq. | |
| Local Government Law | 3 |
| Local governments impact the everyday lives of citizens more directly than any other level of government. They provide important services and control the physical development of land. They are major employers and offer opportunities for citizens to exercise their democratic rights. Constitutional law, statutory law and common law each mediate local governments' myriad relationships with federal and state government. Using classic and contemporary legal problems, this course examines various types of local governments, how they are formed, their limited powers, how boundaries are revised, inter-local conflicts and regional issues. Prerequisite: Property | |
| Public Land and Natural Resources Law | 3 |
| A course examining the management of natural resources on our nation's public lands, with a special focus on the American West. There is an overview of public lands law, including historic public land policies and key doctrines shaping public lands management and an exploration of specific natural resource issues on the public lands: mining and its impacts; logging, forest management and the national forests; grazing and its impacts; wildlife and endangered species; the national parks and the recreation "resource;" and wilderness and wild rivers. These topics will include discussion of current controversies over the nation's mining, logging, grazing, and endangered species laws and policies. | |
| Religious Organizations and Law | 3 |
| This seminar will be an intensive study of the American experience with the First Amendment's protection of religious freedom. The course will consider the context, constitutional interpretation, structure and substance of conscience and religion. It will also explore religious organizations and their mission in a pluralistic society and the cost of litigating the protection of human dignity through evolving issues of public policy. Prerequisite: Constitutional Law. | |
| Telecommunications Law | 3 |
| This course examines Federal regulation of 1) electronic media including cable television, broadcast television, Direct Broadcast Satellite service, and radio, and 2) telecommunications including wireline, wireless, broadband, and Internet services. Electronic media topics address radio spectrum issues, license assignment, indecency, violence on TV, public trustee obligations, Digital TV, and various "must carry" rules. Telecommunications topics will cover the 1996 Telecommunications Act, "Universal Service", information services (i.e., broadband DSL and cable modem services), VoIP, and cellular issues. Some state regulation will also be considered. | |
| Water Resources Law | 3 |
| An exploration of the modern legal principles and polices controlling the allocation of water among competing users: cities, farms, recreation, environment, and power. The course covers the regulation of surface water, including an in-depth study of riparian rights and appropriative rights, and groundwater. There is emphasis on the modern, public interest legal developments that are controlling water allocation today: the Endangered Species Act, the Clean Water Act, the Wild and Scenic Rivers Act and the public trust doctrine. The course also covers water transfers, interstate and international water allocation schemes, Native American water rights, and the large public water institutions that control water supply in the West, including the federal Bureau of Reclamation. The course also covers the issues unique to California, including a study of the Sacramento-San Joaquin Delta. | |
Basic courses are those which introduce fundamental concepts and provide the necessary back-
ground to pursue advanced courses in the area. Additional courses expand upon basic concepts
and offer advanced study in the subject area. Related courses provide additional background or demonstrate how the subject area relates to the core concepts of another subject area.
| Basic Courses | Units |
|---|---|
| Administrative Law | 3 |
| This course considers the relationship between agencies and the other branches of government, the rulemaking and adjudicatory procedures by which agencies implement congressional statues, and the role of the courts in reviewing agency actions. The course will examine the tension between allowing agencies the flexibility to manage complex regulatory and benefit programs efficiently, while at the same time ensuring fair treatment and accountability to those they serve. For anyone considering practice in a regulated area, like Business Law, Corporate Law, Employment or Labor Law, Environmental Law, Poverty Law (etc.), the course provides essential insights into the regulatory process and agency operations. | |
| Federal Income Taxation | 3 |
| A problem-oriented introduction to the fundamentals of federal income taxation, particularly as they apply to individuals, including gross income, exclusions, deductions, assignment of income, capital gains and losses, non-recognition transactions, and income tax accounting. Emphasis is on the development of skills necessary for working with the Internal Revenue Code and issues of tax policy. | |
| Additional Courses | |
| Corporate Taxation | 3 |
| An in-depth study of the federal taxation of corporations and their shareholders. Coverage includes formation and capital structure; dividends and other distributions; redemptions, liquidations, and reorganizations; elections under Subchapter "S"; and some special problems affecting professional corporations. Pre-requisite or Co-requisite: Federal Income Taxation. | |
| Family Wealth Transfer | 2 |
| A problem oriented course involving an introduction to the various wealth transfer taxes: the Federal estate and gift taxes and the tax on generation-skipping transfers. The course will also present basic estate planning techniques including inter vivos gifting and marital deduction planning. | |
| International Taxation | 2 |
| An introductory study of the application of the federal income tax laws to nonresident aliens and foreign corporations and United States citizens, residents and corporations investing funds or conducting business in the international setting. Consideration is also given to the impact of bilateral tax treaties and tax planning for multinational business enterprises. Prerequisite: Federal Income Taxation | |
| Related Courses | |
| Accounting for Lawyers | 3 |
| This course will provide a technical and conceptual foundation in financial accounting skills which are relevant for attorneys who advise business entities. Accordingly, this course will emphasize the interpretation and use of financial statements and accounting schedules in the practice of law and their related legal implications. This course will be very different from most tradition Law School courses which typically employ an extensive study of relevant case law; instead, this course will primarily focus on interpreting relevant accounting pronouncements and concepts. | |
| Community Property | 2 |
| A survey of the development and operation of the community property system in California. Particular emphasis is placed on an analysis of the creation of and nature of interests in community property and the distinction, sources, and classification of individual and community property. Coverage includes vesting of rights, transmutations, presumptions, tracing, commingling, and apportionment and disposition of property upon death or lifetime dissolution of marriage. Pre-requisite: Property. | |
| Corporations | 4 |
| A basic course in corporate law, including the concept of the entity and its liabilities, management, promotion, financing, and organization. Coverage includes the issuance of shares, elections, and the proxy system; control devices and special problems of the close corporation; derivative suits and basic securities regulation. | |
| ERISA | 3 |
| An overview of pension, health and employee benefit law. The subject touches trusts, tax, labor, torts, insurance, investments, state/local legislation and family and estate law. Emphasis is placed on litigation subjects, such as denial of medical/retirement benefits, age discrimination, and fiduciary duty. | |
| Family Law | 3 |
| A study of the legal and policy issues involved in the regulation of the family. The course surveys state and federal law as it impinges on the family, including issues related to marriage, divorce, child custody, spousal abuse, child neglect and abuse, nontraditional families, and new reproductive technologies. | |
| Federal Courts | 3 |
| A study of the role of the federal courts in the constitutional system, with particular attention to the doctrines of separation of powers and federalism. The course will consider the constitutional and statutory jurisdiction of the federal courts, the various doctrines permitting the courts to defer or decline jurisdiction, and the relationship of the federal courts to state law and state courts. | |
| Marriage Law | 2 |
| This course investigates the formation, maintenance, and dissolution of the legal institution of marriage. Topics covered include coverature, polygamy, incest, divorce, anti-miscegenation statutes, spousal control over medical treatment, and the contemporary debates over same-sex marriage. The course examines the ways by which the State regulates who and who may not marry, the authority of state statutes, federal law, and constitutional provisions over the marital relationship, the benefits and burdens that attach to marriage, and the influence that social mores, State interests, religious beliefs, and individual desires exercise over the right to marry. Literature and film will assist in illuminating the doctrinal tensions found in case law. Prerequisite: Constitutional Law (recommended). | |
| Wills and Trusts | 3 |
| A study of the law of wills, intestate succession, and trusts. Coverage includes restrictions on testation, execution, and revocation of wills as well as creation, modification, and termination of trusts. There is also attention to the problems of will construction, probate and contest of wills, and fiduciary administration of trusts and decedents' estates. Pre-requisite: Property. | |
Basic courses are those which introduce fundamental concepts and provide the necessary back-
ground to pursue advanced courses in the area. Additional courses expand upon basic concepts
and offer advanced study in the subject area. Related courses provide additional background or demonstrate how the subject area relates to the core concepts of another subject area.
Advocacy and Dispute Resolution
Constitutional Law and Government Regulation
Family Law and Estate Planning
Intellectual Property and Technology Law
International and Comparative Law
