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Course Descriptions

Fall 2024 Class Descriptions

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Immigration Clinic I (LWVL530)

Instructor(s): Tammy Lin

2-4 credit(s), H/P/L/F Graded
Requirement(s): Experiential
Concentration(s): International Law (JD), Public Interest Law (JD), International Law (LLMUS), LLM in International Law (LLMI)

Students gain practical experience through interviewing, counseling, and representing clients with immigration-related problems. Students have the opportunity to assist clients with a range of immigration issues such as removal cases (immigration court cases), asylum, naturalization, lawful permanent residency, derivative citizenship, deferred action, and U-visa and VAWA for domestic violence and abuse victims. Students may attend U.S. Citizenship and Immigration Services interviews and/or immigration court dates related to their client's applications for immigration relief. Students may also attend and participate in community immigration outreach. Weekly meetings are held with the clinic supervisor and other interns to discuss immigration law, practical application and casework. The clinic is graded on a 4-tier Pass-Fail basis. No Prerequisites.

Immigration Clinic II (LWVL531)

Instructor(s): Tammy Lin

1-4 credit(s), H/P/L/F Graded
Requirement(s): Experiential
Concentration(s): International Law (JD), Public Interest Law (JD), International Law (LLMUS), LLM in International Law (LLMI)

Clinic II interns refine their skills, working on complex cases and cases already begun as Clinic I interns. Students may mentor first time clinic participants, serve as lead attorney on cases, and have additional opportunities to appear in court or administrative proceedings. Supervising attorneys/adjunct professors provide individualized coaching, based on the Clinic II interns needs and interests. Prerequisite: Successful completion of Clinic I in the same clinic. The clinic is graded on a 4-tier Pass-Fail basis.

In-House Corporate Counseling (LWBC567)

Instructor(s): Saerin Cho, Staff

3 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)
Recommended Class(es): Corporations

Taught by Saerin Cho, this course offers a comprehensive exposure to the dynamic and multifaceted role played by in-house attorneys as they represent for-profit business entities, non-profit organizations, and government agencies at the federal, state, and local levels.  Throughout the course, the students will build skills and confidence necessary to be a successful in-house counsel.  Course topics include demystifying the role of in-house counsel, corporate governance, contracts, labor and employment law, data protection and privacy law, legal operations, working with outside counsel, serving as a strategic business partner with a law degree, and performing the duties of an in-house counsel with confidence, effectiveness, and compassion necessary in this increasingly remote and globally connected world.  Students will learn from a practicing general counsel of a global organization and also hear from guest speakers who work in-house at entities in San Diego and across the globe.

Intellectual Property Survey (LWIP550)

Instructor(s): Shawn Miller

4 credit(s), Letter Graded
Concentration(s): Intellectual Property (JD), Intellectual Property (LLMUS), Intellectual Property Law (LLMG), Intellectual Property Law (MSLS)

This course provides a broad overview of intellectual property law. After discussing the policies underlying the protection of intellectual property rights, we will cover trade secret, patent, copyright, and trademark law, and related doctrines such as the right of publicity. These topics will be examined with a focus on new technologies, but a science or technical background is not required. This course provides a foundation for advanced intellectual property courses and is also appropriate for students who seek only a general understanding of intellectual property law.

International Asia-Pacific Commercial Arbitration (LWIC531)

Instructor(s): David Brennan

2 credit(s), Letter Graded
Concentration(s): Business and Corporate Law (JD), Civil Litigation (JD), International Law (JD), LLM in Business and Corporate Law (LLMB), Business and Corporate Law (LLMUS), International Law (LLMUS), LLM in International Law (LLMI), Business and Corporate Law (MSLS), International Law (MSLS)

This course is the study of international commercial arbitration that emphasizes the Asia/Pacific regions practices and arbitral regimes. The study will use The Convention on the International Sale of Good (CISG) to study all facets of sales and trade in goods from contract formation, terms, obligations, performance, breaches, excuses and remedies. The study of arbitration clauses and the practices of the arbitral institutions in the Asia-Pacific region is a focus. The steps from initiating arbitration, appointing arbitrators, composition of arbitral tribunals, procedures including written and oral submissions and the scope and limits on evidence are all considered. The course will address the UNCITRAL Model Law for arbitration and compare it to Asia-Pacific arbitral systems including CIETAC, HKIAC, and CEAC. The substance, procedural and conflicts of law situations will be addressed. The course objective is to develop the capacity to be able to engage in arbitration processes in the Asia-Pacific Region for international commercial sales and trade disputes. The classes, materials and certain model problems will facilitate that objective. The class also builds the very different research approaches and skills required to determine issues under The CISG, including those from recognized international principles, writings of scholars, rules and guidelines together with principles from arbitral decisions. The course will be required for incoming 2L VICAM candidates and is also open to all other eligible students. The only prerequisite for this course is for JD students who should have completed all of the required first-year courses and be in their second year. The course will be letter-graded based on a final examination to be held in October.

Note:

THis is a short course.

International Business Transactions (LWIC533)

Instructor(s): Michael Ramsey

3 credit(s), Letter Graded
Concentration(s): Business and Corporate Law (JD), International Law (JD), LLM in Business and Corporate Law (LLMB), Business and Corporate Law (LLMUS), International Law (LLMUS), LLM in International Law (LLMI), Business and Corporate Law (MSLS), International Law (MSLS)

This is an introductory course on international business law. The course book employed is problem-oriented, focusing student attention on practical problem solving. The course coverage is global, and may include problems related to international sales transactions, letters of credit, customs, import and export trade law, technology transfers across borders, foreign investment law, and international business dispute settlement. Grading is by final exam.

International Contracts (LWIC537)

Instructor(s): Bert Lazerow

3 credit(s), Letter Graded
Concentration(s): Business and Corporate Law (JD), International Law (JD), LLM in Business and Corporate Law (LLMB), Business and Corporate Law (LLMUS), International Law (LLMUS), LLM in International Law (LLMI), Business and Corporate Law (MSLS), International Law (MSLS)

Legal aspects of contracts for the international sale of goods under the UN Convention. Topics include the applicability of the convention and its most important substantive provisions including contract formation, choice of forum, choice of law, warranties, risk of loss, excuse and dispute resolution.

International Energy Law (LWIC542)

Instructor(s): Nilmini Silva-Send

3 credit(s), Letter Graded
Requirement(s): Writing
Concentration(s): Environmental and Energy Law (JD), International Law (JD), Environmental and Energy Law (LLMUS), International Law (LLMUS), Environmental and Energy Law (LLMG), LLM in International Law (LLMI), Environmental and Energy Law (MSLS), International Law (MSLS)

This course introduces students to international law as applied to energy investment, international trade and the impacts that the climate change regime might be having on both of these areas. Following review of historical energy investment treaties, we will examine current legal relationships between major energy-supplying nations (e.g., Saudi Arabia, Russia, USA), national oil and gas companies (e.g., Aramco, Gazprom, Equinor) and multinational companies (e.g., BP, Exxon). 

Publicly available international energy investment arbitration case law provides us with a chance to examine international law principles such as the most-favored nation treatment principle used by companies as defenses against government takings of energy company assets. Governments in turn have limited defenses to justify these takings although the public interest is one, yet to be used successfully. Such arguments provide us with a fruitful basis to help understand how climate change law might affect traditional oil and gas investment treaties and contracts. In addition, as the world moves towards a low-carbon economy, countries adopt domestic low-carbon-promoting policies, and we will use current World Trade Organization (WTO) case law to examine how domestic energy policies impact international trade law. 

International Negotiation (LWIC548)

Instructor(s): Bert Lazerow

3 credit(s), H/P/L/F Graded
Requirement(s): Experiential
Concentration(s): Business and Corporate Law (JD), Civil Litigation (JD), Employment and Labor Law (JD), Environmental and Energy Law (JD), International Law (JD), Public Interest Law (JD), LLM in Business and Corporate Law (LLMB), Business and Corporate Law (LLMUS), Environmental and Energy Law (LLMUS), International Law (LLMUS), Employment and Labor Law (LLMG), Environmental and Energy Law (LLMG), LLM in International Law (LLMI), Business and Corporate Law (MSLS), Environmental and Energy Law (MSLS), International Law (MSLS)

The course will include specific materials and skill-building exercises on cross-cultural aspects of the bargaining process. Participants will include lawyers from other nations who are enrolled in USD's LLMC program, and upper class American JD students. Four-tier Pass/Fail grading.

Note: Students may only elect this course, Alternative Dispute Resolution or Negotiation to count towards the Civil Litigation Concentration (JD).
Additional Information: Civil Litigation Concentration

International Redress (LWIC553)

Instructor(s): Staff

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

Introduced into the law school curriculum in 1999, this seminar is based on the classic study of atrocities, When Sorry Isn’t Enough: The Controversy Over Apologies and Reparations for Human Injustice (1999), written and updated by Professor Brooks. Today, the subject matter of this seminar is taught in various forms (e.g., small or large classes as well as seminars) under various titles (e.g., “Transitional Justice,” “Atrocities,” “Reparations”) in schools across the United States, Europe, Asia, South America, and the Commonwealth countries. Professor Brooks continues to teach the seminar at USD, and in recent years has added as one of its topics “modern slavery”(defined by international conventions and U.S. domestic law as “human exploitation over a period of time effectuated through coercion, fraud or trickery”). Yet, the main portion of the seminar, like all spinoffs of the seminar, continues to be on post-conflict justice. What does justice demand in the aftermath of atrocities like the Holocaust, Apartheid, and genocides in Armenia, Africa, South America, Southeast Asia, and America? This question is framed by the international redress movement (consisting of scholars, activists, and government officials) in which Professor Brooks has played a key role. The focus of the movement is on claims from around the world that seek redress for human injustice under post-Holocaust conditions. Hence, in addition to studying the aftermath of modern slavery in Africa involving the “child soldiers” and in Thailand for sexual slaves liberated from bondage, the seminar studies issues of post-conflict justice involving Nazi persecution, Japan’s "comfort women" system, Apartheid in South Africa, and our own country’s internment of Japanese Americans (why was there no internment in Hawaii where many more Japanese Americans lived?), genocidal treatment of Native Americans, and enslavement of African Americans. We shall draw on legal and political analyses, government documents, personal testimonies, and historical narratives.  A paper is required. Successful completion of this course satisfies the written-work requirement.    

International Taxation (LWTE539)

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), International Law (LLMUS), Taxation (LLMUS), LLM in Taxation (LLMT), LLM in International Law (LLMI), Business and Corporate Law (MSLS), International Law (MSLS), Taxation (MSLS)
Prerequisite(s): Tax I

This basic course in international taxation addresses the U.S. taxation of inbound and outbound cross-border transactions and activities.  The course includes comprehensive coverage of 26 USC Subchapter N, which contains the basic provisions for tax on income from sources within or without the United States.  The course will cover both FAUST (foreign activities of U.S. taxpayers) and USAFT (U.S. activities of foreign taxpayers), and will emphasize the significant changes brought about in the 2017 TCJA (Tax Cut and Jobs Act).  Examples of specific topics include the sourcing rules, the foreign tax credit, CFCs (controlled foreign corporations), FCCs (foreign controlled corporations), the Subpart F regime, repatriations, the GILTI-FDII-BEAT provisions, and other FAUST-USAFT matters.

Interviewing & Counseling (LWLP535)

Instructor(s): Tony Roberts

2 credit(s), H/P/L/F Graded
Requirement(s): Experiential
Recommended Class(es): Trial Advocacy

This course provides advanced training in the skills of client interviewing and counseling. The first part of the course is devoted to learning the specific micro-skills that make up effective interviewing through readings, demonstrations and role-plays. The second- part focuses on the counseling dimension of lawyer-client relationships. In addition to classroom preparation and activities, students will interview actual clients, including at the USD Legal Clinics. Ethical issues unique to interviewing and counseling are emphasized. The course is graded on a 4-tier Pass-Fail basis.

Intro to US Law (LWGC530)

Instructor(s): Michael Devitt, Staff

2 credit(s), Letter Graded

Introduction to United States Law is a required course for LLM in U.S. Law and Exchange students. No other students may enroll. This course comparatively introduces distinctly American approaches to law, lawyering and legal processes. Special emphasis is placed on the common law tradition.

Note:

This course is for LLMUS and Exchange students only.

IP Externship (LWVL532)

Instructor(s): Anthony Mauriello

1-6 credit(s), P/F Graded
Requirement(s): Experiential
Concentration(s): Intellectual Property (JD), Intellectual Property (LLMUS), Intellectual Property Law (LLMG)

This course places students at local law firms and companies to provide legal assistance to local individuals (inventors, artists, musicians, and others) and tech and media companies in the areas of patent prosecution, patent searching, trademark prosecution, filing of provisional and utility patents, intellectual property litigation, intellectual property transactions, and related areas (including copyright and trade secret law). Students will be supervised by attorneys at the local law firms and companies as well as the professor. Students begin work during the first week of the semester with companies and law firms and meet one-on-one with the professor on a regular basis.  Additionally, the course begins with a “boot camp” that meets twice for three hours at the beginning of the semester (days and times TBD), covering the core practical aspects of patent, trademark, copyright, and trade secret law. There are no scheduled classes during the remainder of the semester. An application process will be used to select students for the course. Students who registered for the course in previous academic years may not apply for the course for 2024-2025 without the permission of Professor Ted Sichelman. Applications (here -- see also link below) are due Friday, April 5. An information in-person and Zoom session will be held on Wednesday, March 27, from noon - 1 pm, and will also be recorded (see upcoming Sidebars for details).

 
Application Link: https://www.dropbox.com/scl/fi/afoco5l0tut3pu7ye7je6/IP-Corp-Tech-Externships-Application-2024-25-Final.docx?rlkey=nhlbf30zjl34e9e92flt6ab0c&dl=0


Additional Information: Application

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