All International Transactions and Comparative Law students take American Legal System I and II (2 credits fall and 1 credit spring). This course begins with an overview of the U.S. Constitution, the structure of the federal government, and federal and state judicial systems. Special emphasis is given to the relation between state and federal courts and the selection and function of American judges and juries. Classes are punctuated with visits to San Francisco courtrooms. Selected judicial interpretations of constitutional law and contract law are discussed. The course includes a legal research and writing component.
To meet the required 25 units of study, students select from the list of recommended courses for the LLM in International Transactions and Comparative Law and regular JD courses that are designated as available to international LLM students.
| Required Courses |
Units |
| American Legal Systems I and II |
3 |
|
(2 credits fall, 1 credit spring). Required for all LLM students who have not received a prior degree from an American law school. This course begins with an overview of the U.S. Constitution, the structure of the federal government and federal and state judicial systems. Special emphasis is given to the relation between state and federal courts and the selection and function of American judges and juries. Classes are punctuated with visits to San Francisco courtrooms. Selected judicial interpretations of constitutional law and contract law are discussed. The course includes a legal research and writing component. |
| Recommended Courses |
|
| 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.
|
| International Business Dispute Resolution
|
3
|
|
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 international arbitration. Students apply skills exercises toward the drafting and negotiation of contracts.
|
| Public International Law
|
3
|
|
Designed to develop the perspective of an international lawyer dealing with foreign governments and their agencies, this course provides a comprehensive view of the lawyer's role in utilizing the primary international institutions and principal doctrines of public international law. Coverage includes: jurisdiction, sovereign immunity, acts of state, international criminal responsibility, United Nations and regional peacekeeping, treaty law, law of the sea, and regional free trade organizations and dispute resolution as it relates to international environmental and social issues.
|
| 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.
|
| 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.
|
| 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 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.
|
| 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.
|
| European Union Law |
3 |
|
An introductory course designed to give an overview of the law of the European Union from a comparative perspective. Coverage includes an historical overview of the European Union and an examination of the sources and nature of European Union law. There is an emphasis on judicial interpretation and control of European Union law.
|
| Available JD Courses |
|
| Contracts |
2 - 3 |
|
This is a basic study of the principles that govern the creation, interpretation, enforcement, and termination of private agreements. Coverage includes formation and interpretation of contracts, breach of contract, defenses to the enforcement of contracts, and remedies available for breach. Attention is given to the Uniform Commercial Code and other relevant statutes.
|
| Torts |
4 |
|
A study of the law of civil injuries, including the concepts of fault-based liability and strict liability. The course explores alternative bases of liability for the interference with personal and property interests as well as defenses and damages. |
| Criminal Procedure |
3 |
|
A critical examination of the law governing the method by which persons who are accused of committing crimes are processed through the criminal justice system. Coverage focuses on the limits imposed by the U.S. Constitution on the procedures used in both state and federal criminal prosecutions.
|
| Constitutional Law |
4 |
|
This course is an examination of the American constitutional system. Principles and practices of judicial review and interpretation in constitutional cases are studied with particular reference to the decisions of the United States Supreme Court. There is an examination of selected congressional powers, the authority of the president, and constitutional limitations on the exercise of governmental powers and the distribution of power between the federal and state governments. The course also focuses on the guarantees of individual rights, with an intensive coverage of freedom of expression, religious liberty, due process, and equal protection of the laws. |
| 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?
|
| 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.
|
| 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.
|
| Nonprofit and Public Interest Organizations |
3 |
|
This course focuses on public interest and 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 fundraising, 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 antitrust 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).
|
| 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.
|
| 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.
|
| 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.
|
| 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 as moral rights and the right of publicity.
|
| 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 and 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 that govern geographical indicators that exist in many foreign countries.
|
| 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.
|
| Alternative Dispute Resolution |
3 |
|
A general introduction to the field of alternative dispute resolution. This course addresses the enforceability of arbitration and other ADR 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.
|
| 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. Learning takes place through numerous role-playing scenarios and through the study of negotiation theory.
|
| 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; 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.
|
| 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.
|
