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.

Note:

This course is one of the core courses for the Chidren's Rights Concentration

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): Richard Paul

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

This course surveys employment discrimination laws in the U.S. We will examine the history and provisions of federal anti-discrimination laws prohibiting employment discrimination and harassment based on race, sex, pregnancy, national origin, age, sexual orientation, disability and other classes. We will also survey California’s EEO protections, which expand on federal law.

Title VII of the 1964 Civil Rights Act has been called the single most important law enacted in the 20th Century. At this juncture in our nation, issues of discrimination are at the forefront of public debate, and the course will focus on the very recent developments in DEI and affirmative action, disability law, and the ascendency of protections for religious expression. We will understand both individual and institutional discrimination; analyze and understand anti-discrimination proof constructs; and discuss the role of bias in government action. Students will learn the elements involved in bringing and defending employment discrimination suits, and strategies to help clients develop policies and practices that foster discrimination-free workplaces.

We anticipate guest presentations from one or more former Commissioners of the United States Equal Employment Opportunity commission. There will be one final exam.

Entertainment Law (LWBC553)

Instructor(s): Chris Wonnell

3 credit(s), Letter Graded
Concentration(s): Business and Corporate Law (JD), Employment and Labor Law (JD), Intellectual Property (JD), LLM in Business and Corporate Law (LLMB), Business and Corporate Law (LLMUS), Intellectual Property (LLMUS), Employment and Labor Law (LLMG), Intellectual Property Law (LLMG), Business and Corporate Law (MSLS), Intellectual Property Law (MSLS)

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)

Evidence (LWLP529)

Instructor(s): Donald Dripps

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

2 credit(s), H/P/L/F Graded
Requirement(s): Experiential
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.