Course Descriptions

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Education Law (LWFC530)

Instructor(s): Margaret Dalton

3 credit(s), Letter Graded
Concentration(s): Children's Rights (JD), Public Interest Law (JD)

This course examines the legal rights and responsibilities of all parties in the education system: administrators, teachers, parents, and students, primarily in both public schools K-12. The course focuses on federal and state law through the study of constitutional provisions, statutes, regulations, and judicial decisions. Students review such topics as parent rights, school choice, teacher rights, student rights including discipline and harassment, special education and students with disabilities, religion on campus, privacy rights, discrimination claims, search and seizure of students, and the broad issue of school legal liability. Students also will have an opportunity to engage in public policy dimensions underlying these topics.

Education Law Externship I & II (LWVL549)

Instructor(s): Margaret Dalton

1-6 credit(s), P/F Graded
Requirement(s): Experiential
Concentration(s): Children's Rights (JD), Public Interest Law (JD)

The Education Law Externship Program provides students the opportunity to gain
valuable practice experience with an education law firm or a non-profit project focusing
on education issues. In most cases, students have already identified a position and
accepted it, but that is not required for Education Law Externship I. Students may enroll
in Education Law Externship I and II for 1 - 6 units of credit and must work during the
academic session for a minimum of 50 hours per credit (100 hours for 2 credits, 150
hours for 3 credits, 200 hours for 4 credits, 250 hours for 5 credits, and 300 hours for 6
credits). For purposes of the Education Law Externship, the academic session is from
the official start of classes to the last day of final exams. Any externship work outside
this time period may be counted towards pro bono hours, but not academic credit.

Academic requirements include a mandatory orientation, student submission of hours
worked on a bi-weekly or monthly basis; a 750-word reflective paper at the end of the
semester; an externship work product for professor review, assuming confidentiality is
not an issue; and on-site supervisor evaluation showing satisfactory completion of work
experience. The externship is graded on a Pass-Fail basis.

If you have accepted a field placement, meet the eligibility requirements, agree to meet
the course obligations above and want to register for the Education Law Externship
course, fill out the application below (see link). After you submit the form, the faculty
supervisor will review it and send you an email with additional information. If you do not
have a placement or have any placement questions, please contact Professor
Margaret Dalton at mdalton@sandiego.edu.

Additional Information: Education Law Externship Application Form

Employment Discrimination (LWPP535)

Instructor(s): Miranda McGowan

3 credit(s), Letter Graded
Concentration(s): Employment and Labor Law (JD), Public Interest Law (JD), Employment and Labor Law (LLMG)

This course covers federal anti-discrimination laws prohibiting employment discrimination based on race, sex, pregnancy, national origin, age, sexual orientation, disability and other classes.  It also discusses the California Fair Employment and Housing Act's protections when they diverge from federal law.  At this juncture in our nation, issues of discrimination are at the forefront of public debate.  This course gives students an opportunity to think about the meaning and practice of individual and institutional discrimination, to analyze and understand various anti-discrimination approaches, and to learn to think creatively and flexibly when working on problems within this complex, evolving field of law. 

There will be one midterm and a final exam.  

Employment Law and Technology (LWPP539)

Instructor(s): Richard Paul

3 credit(s), Letter Graded
Requirement(s): Writing
Concentration(s): Employment and Labor Law (JD), Employment and Labor Law (LLMG)

This course will examine the application of free expression, privacy, harassment, defamation and related workplace doctrines to issues created by the proliferation of communications and related technology devices. The course will open with a discussion of some of the technologies, their typical ownership and function, and of the areas of potential concern surveyed in several articles published by the instructor on these topics. The first third of the course will review employer and employee rights and duties in the clash between employer interests in efficiency and information security with employee rights of speech, privacy and the like. The second third of the course will examine the application of these ideas to different stages of the employment relationship (i.e., pre-hire, testing, selection, monitoring, discipline, etc.). We will consider current issues raised by specific electronic technologies (e.g., computer search technologies, PDAs, SNS, text and image messaging, blogspeak, GPS); medical technologies (e.g., security implants, employee genetic testing and coding); workplace configurations (e.g., remote employment); rights of ownership; and special work environments in which information free flow is either vital or restricted (e.g., public sector, healthcare, defense, higher education). The final part of the course will be reserved for presentation and discussion of student papers on topics within the general course parameters.

Note:

This course may be applied as part of the nine required credits for the Employment and Labor Law Concentration (JD).

Entertainment Law (LWBC553)

Instructor(s): Chris Wonnell

3 credit(s), Letter Graded
Concentration(s): Employment and Labor Law (JD), Employment and Labor Law (LLMG)

Entertainment, including the production of movies, television shows, music, and video games, has become one of the preeminent industries in the United States, and especially in California, and one of America's largest exports. The industry creates a plethora of legal questions that span the traditional law school curriculum. It creates issues of property, especially of copyrights and trademarks. There are many issues of contract, including production contracts, compensation of talent, and financing. There are important tort matters, including privacy and publicity rights. There are First Amendment constitutional law questions, including censorship and defamation. And there are significant labor law issues, including union relations and discrimination. This course will explore these controversies and the role of the lawyer in bringing the full panoply of legal materials together at the same time to advise, defend, or sue members of this important industry.

Environmental Law (LWEV520)

Instructor(s): Natalie Jacewicz

3 credit(s), Letter Graded
Concentration(s): Environmental and Energy Law (JD), Public Interest Law (JD), Environmental and Energy Law (LLMUS), Environmental and Energy Law (LLMG), Environmental and Energy Law (MSLS)

This survey course addresses the principles that govern environmental law, including the respective roles of the courts, state and federal agencies, and citizen groups. Federal environmental statues covered include: The National Environmental Policy Act, Endangered Species Act, Clear Air Act, Clean Water Act, and Comprehensive Environmental Response, Compensation and Liability Act (Superfund). The course will also introduce California state environmental law through the California Environmental Quality Act and the Public Trust Doctrine.

Note: This is a required course for the Environmental & Energy Law (JD) concentration.
Additional Information: Environmental & Energy Law Concentration (JD)

Ethics, Law & International Affairs (LWJT515)

Instructor(s): Horacio Spector

2 credit(s), Letter Graded
Requirement(s): Writing
Concentration(s): International Law (JD), International Law (LLMUS), LLM in International Law (LLMI), International Law (MSLS)

Contemporary public policy and legal debates in both the domestic and international arenas involve an intricate network of moral, political, and legal considerations. The course’s goal is to throw light on the relations among these three fundamental realms: ethics, politics, and law. After a general introduction, we will proceed to discuss the following topics: conceptions of liberty and equality, democracy and public deliberation, human rights, conflicts of rights, corporate responsibility for human rights violations, and the rule of law. Our attention will be focused on cross-boundary issues: Is democracy more important than the rule of law? Does economic equality threaten liberty? Are welfare and social rights compatible with civil liberties in populist democracies? In the last part of the seminar, we will deal with complex global issues: wars and military interventions, terrorism, and global justice. Can military force be used to protect human rights? Should rich nations transfer money to poor countries? Should pharmaceutical patents be enforced in the undeveloped world? Are there immigration rights? Is there a global community? Each student will be required to write a research paper of 20 pages in length. Successful completion of this course satisfies the written-work requirement.

Evidence (LWLP529)

Instructor(s): Richard Gates

4 credit(s), Letter Graded
Concentration(s): Civil Litigation (JD), Criminal Litigation (JD), Criminal Law (LLMUS), Criminal Law (LLMG), Criminal Law (MSLS)

The rules of evidence in judicial tribunals, focusing on the Federal Rules of Evidence and the California Evidence Code are addressed in this course. Also covered are issues relating to: (1) judicial control and administration - functions of judge and jury, judicial notice, burden of proof presumptions, problems of relevancy, circumstantial evidence, and unfair prejudice; and (2) witnesses - competency, privileges, principles of examination and cross-examination, impeachment and support, expert and lay opinion testimony. The hearsay rule and its exceptions, rules relating to writings, real and scientific evidence are also examined. 

Note: This is a required course for the Civil Litigation (JD) and Criminal Litigation (JD) concentrations.

Evidence Advocacy Lab (LWLP530)

Instructor(s): Lisa Rodriguez, Staff

2 credit(s), H/P/L/F Graded
Requirement(s): Experiential
Concentration(s): Civil Litigation (JD), Criminal Litigation (JD), Criminal Law (LLMUS), Criminal Law (LLMG)
Prerequisite(s): Evidence

This course is designed to familiarize students with the practical application of evidentiary points addressed in the traditional evidence course. Students focus on one or two evidentiary issues each week using a problem format. Each area of evidence is taught through performance. Each student is assigned as a proponent, opponent, witness and judge and is responsible for performing that role in class each week, and for submitting a short memo identifying the evidentiary issue and presenting the best approach to offering or opposing the evidence in court. The roles rotate each week. There is a new problem assigned each week. By the end of the semester, each student should be comfortably able to determine what it is he or she wished to accomplish in a courtroom with respect to specific evidentiary questions, and be able to structure the most logical, persuasive and trouble-free means to that end. The course is graded on a 4-tier Pass/Fail basis.