Fall 2024 Class Descriptions: Electives
California Criminal Litigation Skills (LWCR505)
Instructor(s): Richard Gates
2 credit(s), Letter Graded
Requirement(s): Experiential
Concentration(s): Criminal Litigation (JD), Criminal Law (LLMUS), Criminal Law (LLMG), Criminal Law (MSLS)
Prerequisite(s): Criminal Law, Legal Writing & Research
If you are considering a career as a prosecutor or criminal defense attorney, or plan to intern at a prosecution or criminal defense agency, this is the course for you. This course focuses on the knowledge and skills required to litigate criminal cases in the California trial courts. The class tracks a criminal case from arrest through sentencing, but not trial, providing students with an overview of the process. Students draft practice-related documents, participate in courtroom simulations, learn fact management and development, and participate in discussions on relevant topics.
Note:
This is not an exam course.
California Reg Law & Public Interest I (formerly Public Interest & Practice (LWPP570)
Instructor(s): Marcus Friedman
3 credit(s), Letter Graded
Concentration(s): Children's Rights (JD), Environmental and Energy Law (JD), Health Law (JD), Public Interest Law (JD), Environmental and Energy Law (LLMUS), Environmental and Energy Law (LLMG), Environmental and Energy Law (MSLS)
California Regulatory Law and the Public Interest I (formerly known as Public Interest Law and Practice) is a Fall semester practicum course in which students learn the substantive law governing the operation and decision making of California regulatory agencies, including constitutional and administrative law principles commonly a part of the Bar Exam. State regulatory agencies are a crucial
area of legal practice as they control environmental requirements and land use, education, utilities, and almost all trades and professions (e.g. contractors, doctors, accountants, veterinarians, and attorneys). Public interest lawyers represent interests that are diffuse, unorganized, and generally underrepresented – such as consumers, the environment, children, and the future.
This class focuses on the basics of regulations, agency requirements on rulemaking and adjudication proceedings under the Administrative Procedure Act, the legislative process, constitutional limits on agencies, and excessive or inadequate regulations. Students are assigned California agencies to monitor outside of the classroom and provide an update to be published in the California Regulatory Law Reporter. Students will also provide agency updates throughout the semester via blog and social media posts. Students are encouraged to take Part II of the course in the Spring semester to continue agency monitoring and develop further California regulatory law and the public interest knowledge.
Note:
This is a required course for the Public Interest Law Concentration (JD). There are limitations on JD concentration eligibility. Please check the JD concentrations web page for more details about applicability to other concentrations.
Additional Information: Public Interest Concentration
Child Rights & Remedies (LWFC520)
Instructor(s): Jessica Heldman
3 credit(s), Letter Graded
Concentration(s): Children's Rights (JD)
This is a broad course covering the basic substantive and procedural law relevant to advocacy on behalf of children. The course is taught with a combination of lecture and Socratic dialogue. It surveys the following subject areas: the rights of children, criminal prosecution of children, child abuse and protection, child tort recovery, child rights to property and support, child-related political rights and liberties, and child entitlements (including public welfare, health, nutrition, care, education, and special populations). The course includes discussion of the alternative methods of child advocacy, class action practice, writs of mandamus, administrative practice, and local government advocacy.
Note: This is a required course for the Children's Rights Concentration (JD).
Climate Change Law & Policy (LWEV503)
Instructor(s): Nilmini Silva-Send
3 credit(s), Letter Graded
Requirement(s): Writing
Concentration(s): Environmental and Energy Law (JD), Environmental and Energy Law (LLMUS), Environmental and Energy Law (LLMG), Environmental and Energy Law (MSLS)
This course explores the most significant law and policy issues related to climate change. Students will gain familiarity starting with the science and economics of climate change, and legal approaches to the governance of complex global, multigenerational systems. While federal attempts to directly regulate greenhouse gases (GHGs) have failed, the use of existing environmental laws such as the Clean Air Act, and the development of federal energy policy to better regulate the electricity and transportation sectors do help achieve GHG reductions. Next, we will focus on state regulation of climate change and specifically study California’s climate change policy, law and implementation. The role of judicial review and litigation in forcing implementation or stronger regulatory action will be reviewed. The impacts of climate change law on energy affordability and equity will be thoroughly discussed at USD’s annual EPIC Symposium in which students will participate and report in class. Finally, how the law approaches the adaptation requirements of climate change, such as wildfire insurance, and drastic geoengineering mitigation methods, will also be discussed.
Note: Either this course or Energy Law & Policy must be taken as a required course for the Environmental & Energy Law Concentration (JD).
Community Property (LWFC554)
Instructor(s): Michael Kelly
3 credit(s), Letter Graded
This course covers the California community property law, the system for ownership and management of marital property by spouses. California law is the focus of the course, but the materials include comparison of the community property systems of other US states for parallel issues. The approach in the course is to examine both the policy and concepts of the community property system and the detailed rules and legislation applicable in California.
Consolidated Group Tax (LWTE534)
Instructor(s): Beth Wapner, Staff
2 credit(s), Letter Graded
Concentration(s): Taxation (LLMUS), LLM in Taxation (LLMT), Taxation (MSLS)
Prerequisite(s): Tax I
Recommended Class(es): Corporate Tax
This two-credit course will cover basic tax consolidated return principles such as eligibility to file consolidated returns and administrative requirements; intercompany transactions; investment adjustments; acquisitions and dispositions of group members and losses. Advanced topics may include use of disregarded entities in the group and other limitations.
Constitutional Law II (LWPP525)
Instructor(s): Maimon Schwarzschild
3 credit(s), Letter Graded
Prerequisite(s): Constitutional Law I
This courses covers the Fourteenth Amendment's equal protection and due process clauses. Specific topics include race discrimination (including school desegregation and affirmative action), gender discrimination, discrimination against gays and lesbians, voting rights, privacy (including abortion, sexual freedom, and the right to die), and property. A final exam is required.
Constitutional Separation of Powers (LWPP576)
Instructor(s): Kenneth Lee
2 credit(s), Letter Graded
Requirement(s): Writing
Americans rightfully view the Bill of Rights as the crown jewel of our Constitution. But less appreciated is how the structure of our Constitution also safeguards our rights. This course will examine how separation-of-powers, bicameralism, and federalism limit government overreach, encourage deliberate lawmaking, and ensure individual liberty. The topics will range from James Madison’s pathbreaking conception of separation-of-po
Contract Drafting (LWGC563)
Instructor(s): Monica Sullivan, Frederick Heller
2 credit(s), Letter Graded
Requirement(s): Experiential OR Writing
Concentration(s): Business and Corporate Law (JD), LLM in Business and Corporate Law (LLMB), Business and Corporate Law (LLMUS), Business and Corporate Law (MSLS)
Transactional drafting is crucial to the legal profession. It refers to the process of creating documents to formalize agreements between parties. This course trains students to be able to use the process comfortably. You will learn to structure agreements, and express them in clear and concise language that will benefit clients and maximize the likelihood of favorable interpretation. The course emphasizes both cooperative and individual drafting work. Each week in class, you will focus on selected components of the drafting process, and prepare a document or exercise requiring you to practice what you learn. You will receive immediate feedback on that days drafting activity, and written comments on individual weekly homework assignments. Visits by attorneys who draft contracts in their practice will provide a view of how the legal profession depends on this skill. This class will use various types of contracts that touch on various areas of substantive law: contracts for the sale of goods, business or property (contract law, commercial transactions); residential and commercial leases (landlord-tenant and real estate law); settlement agreements (torts); employment, non-disclosure and non-compete agreements (employment law); retainer agreements (legal ethics); intellectual property rights (intellectual property); corporate acquisitions (corporations, securities law); entertainment contracts (entertainment law); vendor contracts (sports law). Grades are based on the scores on individual weekly assignments.
Note: This course may fulfill either the Experiential OR Upper Division Writing requirement. Students will be asked in class at the beginning of the semester to elect which requirement they would like this course to fulfill. The student's election is final.
Contract Drafting GRAD (LWGC563)
Instructor(s): Leslie Morsek
2 credit(s), Letter Graded
Requirement(s): Writing
Concentration(s): LLM in Business and Corporate Law (LLMB), Business and Corporate Law (LLMUS), Business and Corporate Law (MSLS)
Transactional drafting is crucial to the legal profession. It refers to the process of creating documents to formalize agreements between parties. This course, which is offered only to students in the LLM. MSLS and Exchange programs, trains students to be able to use the process comfortably. You will learn to structure agreements, and express them in clear and concise language that will benefit clients and maximize the likelihood of favorable interpretation. The course emphasizes both cooperative and individual drafting work. Each week in class, you will focus on selected components of the drafting process, and prepare a document or exercise requiring you to practice what you learn. You will receive immediate feedback on that day’s drafting activity, and written comments on individual weekly homework assignments. Visits by attorneys who draft contracts in their practice will provide a view of how the legal profession depends on this skill. This class will use various types of contracts that touch on various areas of substantive law: contracts for the sale of goods, business or property (contract law, commercial transactions); residential and commercial leases (landlord-tenant and real estate law); settlement agreements (torts); employment, non-disclosure and non-compete agreements (employment law); retainer agreements (legal ethics); intellectual property rights (intellectual property); corporate acquisitions (corporations, securities law); entertainment contracts (entertainment law); vendors’ contracts (sports law). Grades are based on the scores on individual weekly assignments.
Note:
This course is for students in the LLM, MSLS, and Exchange programs only.
Corporate Innovation & Legal Policy (LWIP528)
Instructor(s): Orly Lobel
3 credit(s), Letter Graded
Requirement(s): Writing
Concentration(s): Business and Corporate Law (JD), Intellectual Property (JD), LLM in Business and Corporate Law (LLMB), Business and Corporate Law (LLMUS), Intellectual Property (LLMUS), Intellectual Property Law (LLMG), Business and Corporate Law (MSLS), Intellectual Property Law (MSLS)
What are the optimal policy ingredients and business strategies for managing innovation? How can business leaders, inventors, lawyers, and policymakers benefit from the connections between corporate success, intellectual property, and human capital? The course will introduce foundations of intellectual property law and employment and organizational practices. We will examine corporate policies and disputes over the control of ideas, secrets, skill and intellectual property. In particular, we will analyze non-compete contracts, trade secrets and non-disclosures, information privacy, economic espionage, employee duties of loyalty, including prohibitions on customer and co-worker solicitation and raiding for competitive endeavors; and employer ownership over inventions and artistic work, including pre-invention patent assignment agreements and work-for-hire disputes. In the past few years, the black box of innovation has been pierced with a plethora of new interdisciplinary research and practice. At the same time, industry and policymakers in the United States, like other countries around the world, are debating the benefits of existing EIP laws. In the course, we will bring together these various developments to identify how companies can sustain their innovative capacities, commercialize science, and manage creativity, and to assess how differences in regulatory and contractual arrangements in the employment relationship can impact key aspects of innovation, such as the rate of patent filings, the level of network participation in intellectual and creative endeavors, individual motivation to innovate, organizational behavior, and talent mobility.
Corporate Tax (LWTE560)
Instructor(s): David Bowen
3 credit(s), Letter Graded
Concentration(s): Business and Corporate Law (JD), LLM in Business and Corporate Law (LLMB), Business and Corporate Law (LLMUS), Taxation (LLMUS), LLM in Taxation (LLMT), Business and Corporate Law (MSLS), Taxation (MSLS)
Prerequisite(s): Tax I
The course involves a study of the basic concepts of federal income taxation of C corporations and their shareholders, including organization of corporations; cash and stock dividends; redemptions of stock; partial and complete liquidations; sales of corporate businesses and reorganizations. Taxation of corporations is compared with taxation of partnerships, limited liability companies and S corporations. The emphasis is on careful analysis of Code provisions, Treasury Regulations, other administrative materials and important judicial decisions in relation to problems that are frequently assigned in advance of class discussion.
Note: This is a required course for the Business and Corporate Law Concentration (JD).
Corporations (LWBC545)
Instructor(s): Mark Lee, Caley Petrucci
4 credit(s), Letter Graded
Concentration(s): Business and Corporate Law (JD), Employment and Labor Law (JD), LLM in Business and Corporate Law (LLMB), Business and Corporate Law (LLMUS), Employment and Labor Law (LLMG), Business and Corporate Law (MSLS)
This course examines the structure and the rights and obligations of directors, officers, and shareholders mainly under state corporations law. Other topics include partnerships and limited liability entities. The course covers, among other subjects, the characteristics of the corporation as distinct from other forms of business association, the special problems of the closely-held corporations (a corporation owned by a few persons), the fiduciary obligations of directors and controlling shareholders in closely-held and public corporations, procedures for decision making by directors and shareholders, shareholder voting rights, and certain federal securities law subjects, such as insider trading.
Note: This is a required course for the Business and Corporate Law Concentration (JD) and for the LLM in Business & Corporate Law.
Corrections & Sentencing (LWCR510)
Instructor(s): Alex Landon
3 credit(s), Letter Graded
Requirement(s): Writing
Concentration(s): Criminal Litigation (JD), Criminal Law (LLMUS), Criminal Law (LLMG), Criminal Law (MSLS)
Covers objectives of sentencing, plea and sentence bargaining, sentencing advocacy, sentencing alternatives, prisoner conditions, prisoners' rights, jail and prison litigation, probation and parole revocation, and extraordinary writs relating to corrections. A research paper will be required.Successful completion of the paper will fulfill the law schools written work requirement.
Criminal Procedure I (LWCR520)
Instructor(s): Justin Brooks, Kaitlyn McCarthy
3 credit(s), Letter Graded
Concentration(s): Criminal Litigation (JD), Criminal Law (LLMUS), Criminal Law (LLMG), Criminal Law (MSLS)
Prerequisite(s): Criminal Law
This course is limited to pre-trial matters, as affected by the Fourth, Fifth, and Sixth amendments. Coverage will include arrest, search and seizure, wiretap, lineups, interrogation, and the exclusionary rules.
Note: This is a required course for the Criminal Litigation Concentration (JD).