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Course Descriptions

The courses listed below have all been taught at least once in the last three years. There is no guarantee that any given course will be taught within the next three years. The numbers in parentheses indicate the number of semester credits. The only required course is Professional Responsibility. The advanced legal writing requirement may be fulfilled through a seminar, an independent writing project, or other similar projects.

Key

Advanced Writing Requirement

: Does meet Advanced Writing Requirement
: May meet Advanced Writing Requirement

Professional Skills

: Professional Skills Course

Certificates

: Environmental Law Certificate
: Immigration
: Intellectual Property
: Public Service Certificate
: Taxation

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Discussion - 2 hours. Exposes students to basic principles of accounting, from the perspective of the practicing attorney. Accounting has been called the language of business, and many of the principles addressed in this course are fundamental to concepts presented in such other classes as Federal Taxation, Securities Regulation and Business Associations. After examining fundamental accounting concepts, students will learn to read and analyze financial statements, evaluate fraud in financial transactions, and understand the audit function. Generally Accepted Accounting Principles (GAAP) will be discussed, as will the reporting of inventory, liabilities, contingencies, receivables, fixed assets, intangibles and depreciation under GAAP. Students who ultimately practice litigation will have a better understanding of documents solicited in discovery, and those destined for transactional practice will better understand contract terms and financial motivations. Students who have taken a college accounting class must seek instructor approval. Only basic math skills are required.

This program offers students the opportunity to gain practical experience working full or part time in a District Attorney's or Public Defender's office in one of several surrounding counties or in a federal Public Defender or U.S. Attorney's office.  Students participate in the many activities associated with the office for which they extern: observation, interviewing, research, counseling, motion practice, and trials under State Bar rules.  Regular journal entries and meetings with the clinical supervisor are required.  A grade of satisfactory or unsatisfactory is based upon the completion of clinical requirements.  Enrollment is limited to 15 students.  You are advised to register early.  Students wishing to practice must qualify for certification by the relevant state or federal jurisdiction.

Prerequisite: Completion of or concurrent enrollment in 219 Evidence and 227A Criminal Procedure. 
Recommended course: 263A Trial Practice I
Graduation Requirements: Counts towards Professional Skills Requirement
Grading Mode: Satisfactory/Unsatisfactory


Discussion - 3 hours. Course examines how the U.S. Constitution and the federal Administrative Procedure Act constrain and regulate decision making by government agencies and officials. Topics include administrative due process, separation of powers, delegation of authority to agencies, procedural requirements for agency adjudication and rulemaking, and the extent and limits of judicial review. This course is highly recommended for anyone intending to practice in any public law area or at the intersection of public/private law.

Core course for Environmental Law Certificate Program. 

Clinic - 3 to 5 hours. Students who have successfully completed one semester with the Water Justice Clinic may enroll in the Advanced Water Justice Clinic. Students must attend all case round and supervision meetings, complete at least 9 hours of clinical work per week, and undertake a significant research project. Depending on the nature of the project, students may also be able to satisfy the Advanced Writing Requirement.

Application required for enrollment.
Prerequisite: 445A Aoki Water Justice Clinic.
Graduation Requirements: May satisfy the Advanced Writing Requirement OR count towards the Professional Skills Requirement, student must choose one.
Class Limit: 4 students

Discussion - 2 hours.  A prior course in bankruptcy is not required.  Concurrent or prior completion of Business Associations would be useful, or prior work experience providing familiarity with the different forms of business entities. Corporate reorganization is the focal point for many other areas of legal practice: finance, secured transactions, real property, litigation, even marital property.  The law of bankruptcy offers an important means of corporate reorganization.  For this reason, understanding corporate reorganization is a valuable practice skill to many different types of employers, and this class will be a practice-oriented class.  In addition to substantive training, the class will introduce you to the various categories of employers that hire in this area.  These include not only law firms, but also in-house corporate positions in various fields, the office of the United States Trustee, the chapter 7 trustee community, and judges who hire law clerks.   A large number of UC Davis graduates have gone on to work in all these areas.  At least seven have gone on to become bankruptcy judges. 

Corporate chapter 11 is one means to restructure a struggling business.  We will first examine the alternatives to chapter 11.  Each decision as to whether to file and, if so, where and when to file will have extensive consequences both internal and external to the corporation.  Internal consequences involve the role and authority of management and the board of directors.  External consequences involve the impacts on pending litigation, financing, leases, employees, vendors, and taxing authorities.  We will then examine whether a chapter 11 proceeding is feasible.  If so, in what jurisdiction should it be commenced?  A chapter 11 triggers the employment of many professionals.  How are the professionals engaged and what roles do they serve?  What are acceptable outcomes to a corporate chapter 11?  A corporation can be reorganized, it can be sold, or it can be liquidated.  These alternatives will be discussed, as well as how a corporate chapter 11 is closed as a legal matter, a business matter, and a business development matter. 

Each student will prepare an in-depth research paper on a subject, issue, or problem of his or her choice, related to the class subject matter.

Discussion  - 3 hours. This course examines a range of issues, including bail, charging decisions, preliminary hearings, discovery, statute of limitations, venue, joinder and severance, pleas, plea bargaining, assistance of counsel, trial, double jeopardy, sentencing, appeal and collateral remedies.

Seminar - 2 hours. Satisfies Professional Skills Requirement. The course will introduce students to advanced legal research tools and techniques used in practice, including efficient computer research techniques. Includes coverage of legal research methodology, strategies and materials touched upon in the first year Legal Research and Writing course.  Class sessions will be problem based and requirements include the completion of several graded exercises. Class limit: 35 students.

Discussion - 3 hours. Before a lawyer can conduct a successful negotiation on behalf of a client, facts must be collected, underlying interests and goals must be understood, and a formal lawyer-client relationship must be established.  The first part of this course will help you to understand the dynamics of this important interviewing and counseling process, and the laws and policies that affect it.  Legal theory, psychological research and practical skills will be emphasized.  The second part of this course is designed to be relevant to a broad spectrum of negotiation problems that are faced by legal professionals.  Successful completion will enable you to recognize, understand, and analyze essential concepts in negotiations and hone your negotiation skills at a more advanced level than the introductory negotiations course provides.  This course will also help you to understand the psychological aspects of negotiations as they are practiced in a variety of settings and to situate negotiations in the context of client representation more broadly.

THIS IS AN APPLICATION COURSE. You must apply for this course and secure professor approval to enroll. This course will involve participating in discussions and a series of simulations.  Your classmates will be counting on you to actively participate and be well prepared for every simulation.   Do not apply to take this course unless you are willing and able to participate fully and can accept constructive feedback.  If you anticipate missing more than 2 class sessions, do not apply to take this course.  

Application required for enrollment.

Graduation Requirements: Counts towards Professional Skills Requirement.

Seminar - 2 hours. This course conducts a closer examination of various topics and subject matters that relate to immigration and citizenship law, with a particular focus on how these laws affect the civil, political and social rights of immigrants, including those who are undocumented. In particular, the course will explore various litigation, advocacy and community organizing efforts and projects that have been used to advocate on behalf of immigrants and other non-citizens. Topics related to immigration will vary each semester but may include: presidential executive actions (Deferred Action for Childhood Arrivals), the differences in rights and privileges of citizens and non-citizens, the meaning of formal and substantive citizenship in places regarded “outside” of the borders of the U.S., the enforcement of immigration law by states and local governments, sanctuary cities, federal enforcement programs in the interior and exterior of the United States, and the intersection of immigration law and criminal law. Topics on citizenship law will also vary each semester but may include: how citizenship may be acquired, how citizenship may be lost or revoked, and proposed constitutional amendments to birthright citizenship.

Prerequisite: 292 Immigration Law and Procedure or instructor consent.
Graduation Requirements: May meet Advanced Writing Requirement with the instructor's permission.

Lecture - 2 hours. Combining lecture and student presentations, this advanced skills course trains students on the organization and presentation of a complex trial. Pretrial preparation, jury selection, strategy, effective openings, and witness examination, using technology, evidentiary issues, jury instruction preparation, advocacy skills, closing, post-trial, ethics and effective handling of both plaintiff and defense cases through verdict will be covered.

Prerequisites: 219 Evidence and 263A Trial Practice must be completed prior to enrolling in this course.
Graduation Requirements: Counts towards Professional Skills Requirement.
Final Assessment: Paper
Grading Mode: Satisfactory/Unsatisfactory

The completion of a writing project under the active and regular supervision of a faculty member in satisfaction of the legal writing requirement. The writing project must be an individually authored work of rigorous intellectual effort of at least 20 typewritten, double spaced pages, excluding footnotes. The project may take any of several forms; for example, a paper, a brief, a memorandum of law, a proposed statute, a statutory scheme or set of administrative regulations (with explanatory comments), or a will or agreement (with explanatory comments). The advanced writing project may also be undertaken in connection with another course or seminar to satisfy the advanced legal writing requirement. The number of units for the writing project is approved by the faculty supervisor and depends on the scope of the writing effort.

Grading Mode: Satisfactory/Unsatisfactory (Law 419)

*Unless a request for letter grading is made in advance (Law 419A).

Discussion - 3 hours. This course will introduce students to a wide variety of alternative dispute resolution procedures, with an emphasis on negotiation, mediation, and arbitration. Although basic skills and effective strategies for each procedure will be discussed, the course will focus primarily on the laws and policies that affect how the procedures are structured and conducted. Successful completion of the course will prepare students for the widespread availability and growing popularity of ADR in almost every area of modern legal practice.

Classroom Policies (Instructor expected to elaborate on Syllabus): This course has an attendance policy.
Class limit: 25 students.

Discussion - 2 hours. 3L’s only. This course will help students develop the skill of essay writing typically employed on the bar examination. Students will receive substantial feedback on their written work, and learn analytical and persuasive writing skills transferable to the bar exam and legal practice. Each student will complete 4-6 as outside homework and in class under timed exam conditions. Grading is satisfactory/unsatisfactory but students may be withdrawn from the course or given an unsatisfactory grade for having more than one unexcused absence or failing to complete an assignment.

PLEASE NOTE: 3L students who would benefit from assistance with exam writing and bar study skill development are encouraged to select this course.
Application required for enrollment. Enrollment: Limited to 20 students
Grading Mode: Satisfactory/Unsatisfactory

This accelerated course examines the two mega-corruption scandals in India between 2010-2014 namely the allocation of telecom spectrum, and allocation of coal blocks. These scandals had a disproportionate impact politically and led to a prolonged period of indecision in government, known as "policy paralysis.” The Course briefly outlines the trajectory of these scandals and their present status. The Supreme Court of India in a series of case laws took punitive action and canceled the entire allocation of spectrum and coal blacks and forced them into auction.

The course considers these interventions in light of (a) their economic fallout; and (b) their impact on the social trust between the State and the society. Thus, the course considers corruption from both economic and social capital viewpoints.

Spring 2017: Class taught on accelerated, non-traditional schedule. Please see meeting times below:

  • Class meets Monday and Thursday, 5:10-6:40 PM, from January 18 through February 9, 2017. Please keep in mind that Wednesday, January 18, will be treated as a Monday for class schedule purposes.

Discussion - 3 hours. The principal focus of the course is the federal antitrust laws, concentrating on basic substantive areas of the Sherman and Clayton Acts.  Specific topics include: agreements among competitors (including cartels) to restrict competition; price uniformity and other parallel behavior in the absence of agreement; distribution relationships having collusive and exclusionary effects (resale price maintenance, geographical and other restrictions on resale, exclusive dealing, tying contracts); monopolization; and mergers.

4 unit registration requirement.  Satisfies Professional Skills Requirement. This clinic is an outgrowth of the work of the Aoki Center for Critical Race and Nation Studies.  As part of its work, the Aoki Center will provide educational opportunities to students interested in critical race perspectives in practice.  This clinic will allow students to learn about the criminal justice system and the criminal appellate process through hands-on work on a client’s case.  The course will consist of a seminar on criminal trial and appellate issues with a practical component.  The professor of the course will supervise students working on a criminal appellate case as well two-three cases at the trial level (co-counseled with the Federal Public Defender Office in Sacramento).  The course requires a weekly seminar and weekly supervision sessions with the professor on topics related to the criminal justice system, appellate work, and the specific issues that arise through the caseload.  Students will submit applications for the course.

Seminar - 3 hours. Satisfies Advanced Writing Requirement. This course is for students participating in the Aoki Center for Race and Nation Studies’ Immigration Law Journal. Students will research, and write a note on a topic related to immigration. This paper will satisfy the law school upper-division writing requirement, and participation in the law journal will count toward the new immigration law certificate program. The goal and expectation will be production of papers of publishable quality. Students participating in the journal will also have the opportunity to edit the work of others, organize and participate in a conference, and lay the groundwork for the structure and operation of the journal in future years. Students interested in Law 250AT need to complete an application .

Clinic - 5 hours. The Aoki Water Justice Clinic partners with residents, community organizations and drinking water providers to prevent drinking water disasters and address current failures in the provision of safe, clean, and affordable drinking water. Through weekly lecture, case rounds, and practical experience, students will gain an understanding of state and federal water governance and regulation, local government mechanisms for delivering drinking water, and the legal and financial barriers to implementing safe drinking water projects. Under the supervision of the clinic director, students will work together in teams to advise clients on potential governance structures (entity choice), funding options and rate policies; design and present community education trainings; draft local government consolidation proposals, land contracts, and agreements between water users, water systems and local governments; research and draft comment letters to administrative and local governments on issues affecting drinking water; develop and implement media strategies on issues affecting drinking water; and provide technical assistance to communities that seek state funding for water system and capital improvement projects. Students participating in the Clinic are required to attend a two-day orientation on August 18 and 19, as well as all clinic seminars, and case rounds and supervision meetings.

Application required for enrollment.
Graduation Requirements: Counts towards Professional Skills Requirement.
Class limit: 6 students

Basic appellate practice and procedure. Beginning instruction in oral advocacy skills and an opportunity to practice these skills in front of a moot court. Students compete in four rounds of oral arguments which, combined with the second semester of the program, determine the rankings for selecting participants in the annual Neumiller Competition and other interschool competition teams and for membership on the Moot Court Board. Both courses 410A and 410B must be taken in order to qualify for most interschool competitions.

Graduation Requirements: Counts towards Professional Skills Requirement.
Grading Mode: Satisfactory/Unsatisfactory

This course is a continuation of Course 410A. Focuses on the development of effective appellate brief writing skills and the refinement of oral advocacy skills.Participants research and write two appellate briefs and argue the cases before a moot court. The first appellate brief and arguments are judged for selection of interschool competition teams, participants in the annual Neumiller Competition, and membership on the Moot Court Board. The second appellate brief, requiring independent individual research, is written and edited under the supervision of the professor, and may satisfy the writing requirement.  

Prerequisite: Law 410A Appellate Advocacy I.
Graduation Requirements: May satisfy the Advanced Writing Requirement OR count towards the Professional Skills Requirement, student must choose one.
Enrollment: Limited to 40 students.
Grading Mode: Satisfactory/Unsatisfactory

Discussion - 2 hrs. We look at selected issues in Art Law, including the meaning of art, how to represent artists, the artist's rights under copyright, moral rights and the right of publicity, first amendment rights and censorship, satirical street art, appropriation art, government regulation of art, art markets, including galleries, auctions and museums, the international protection of art and cultural property; and more...

Discussion - 2 hours. May satisfy Advanced Writing Requirement with Professor's approval. This course surveys U.S. and international law concerning refugees and asylum-seekers. Special attention will be paid to questions about the meaning of persecution, the evolving definition of "particular social groups" in U.S. law, protections for gender-related violence, statutory bars to asylum, and U.S. policy regarding overseas refugees. Justifications for providing refugee protections as opposed to alternative solutions, possibly to broader groups of people, will also be considered.

Lecture/Discussion - 3 Hours. The course is a survey of basic principles of debt collection and bankruptcy. Currently, it focuses on consumer bankruptcy in Chapters 7 and 13, although it also touches on state law debt collection and on debtor protection under the Fair Debt Collection Practices Act. Expansion to three units will allow significant coverage of business bankruptcy in Chapter 11, including first-day orders, treatment of cash collateral, setoff, lifting the automatic stay for cause, financing the reorganization, and negotiation and confirmation of reorganization plans, including cramdown requirements.

Discussion - 3 hours. Students with a non-law basic finance course are not admitted except with instructor's permission. In this course, we study basic techniques of analysis that are part of the core curriculum in a good business school.  The purpose is to give you background necessary for understanding and advising your clients and for understanding other business-related law school courses. Students are welcome to take it in either their second or their third year, but it should be especially helpful to students just beginning their second year who have the bulk of the business curriculum still ahead of them.  It is assumed that students will have taken a high-school algebra class, but will perhaps have forgotten what they learned there.  Weekly problem sheets, a midterm and a final.

Discussion - 3 hours.  This course examines the ethical, legal, and social issues that arise from research and use of biomedical technologies. The curriculum may include issues arising from human subject research, end-of-life care, assisted reproductive technologies, genetic and regenerative medicine research, human cell and tissue use, and emerging biotechnologies. Completion of the course requires a research paper.

Graduation Requirements: Satisfies Advanced Writing Requirement.
Class limit: 15 students.

This course provides an introduction to the burgeoning field of business and human rights.  It begins with an introduction to international human rights law that contrasts this body of law with American civil rights law.  It then briefly examines the historical antecedents to the development of the modern business and human rights movement as we know it in the 1990s, before exploring how and when corporations are held legally liable for causing and contributing to human rights abuses in several different legal systems.  It then examines the different roles that the United Nations Guiding Principles on Business and Human Rights assigns to governments and corporations in protecting and respecting human rights, before finally considering how human rights considerations are increasingly incorporated into business decision-making and due diligence processes. Case studies and real-world examples will be explored and examined at every stage of the course.

Graduation Requirements: Satisfies Advanced Writing Requirement
Final Assessment: Paper

Discussion - 4 hours. This course provides a broad survey of the legal rules and concepts applicable to business associations, both public and closely held. Principal attention is given the corporate form of organization, although partnerships and other associational forms are also treated briefly. Topics surveyed include the planning of business transactions, the process of incorporation, the financing of corporations, the roles of management and shareholders, the federal securities laws, and social responsibility.

Classroom Policies: This course has an attendance policy.

The UC Davis Business Law Journal is run by dedicated law students who are committed to providing current and valuable legal and business analysis. The UC Davis Business Law Journal publishes two print issues each year and provides access to our author abstracts and interviews online. Grading is on a Satisfactory/Unsatisfactory basis. The following student positions comprise the enrollment of this journal:

  • Editor in Chief: 1 position, 2 units per semester. Position may be held by the same person for both semesters, or a different person each semester. If there are two Editors in Chief, they have to decide who takes the units in the fall and who takes the units in the spring. They cannot be split each semester.
  • Managing Editor: 1 position, 1 unit per semester
  • Senior Articles Editor: 4 positions, 1 unit per year (will perform work both semesters, but receive credit only one semester)
  • Executive Editor: 4 positions, 1 unit per year (will perform work both semesters, but receive credit only one semester)

Grading Mode: Satisfactory/Unsatisfactory

Discussion - 2 hours. The primary objective of this course is to enable students to understand the operation of a law practice from a business perspective, which goes well beyond the practice of law.  A complementary objective is to promote an understanding of the relationship and balance between legal skills, the business requirements of a practice, the needs of clients and a work-life balance.  This course will utilize an interactive model to explore the business side of a law practice, including the skills needed for establishing and operating a law firm.  We will discuss business operations, practice skills, client and life management, including such topics as business plans, marketing and client development, professional development, office management, and financial and ethical issues.  Many of these discussions will be led by professionals in related business fields, including insurance professionals, leasing agents, CPAs, business coaches and other licensed attorneys.  Students should be motivated to actively participate in class discussions to develop their business acumen to a level consistent with, or, at this point, exceeding, their legal skills.  Students will be broken into small groups and will prepare a comprehensive business plan to open their own law firm in lieu of a final exam.

Discussion - 2 hours. The public law of the states, particularly California, has assumed ever greater importance in recent decades as a guarantor of personal liberty, a mediator between state and individual, and a structure that enables free citizens to govern their republican polity.  Unfortunately, it has been overshadowed and ignored by federal constitutional law.   We will remedy that lack by reviewing the “New Judicial Federalism,” interpretive meta-rules for constitutional construction, the structure and institutions of state government, civil liberties under the Declaration of Rights, the impact of race in California society, and criminal law.

Discussion - 2 hours. May satisfy Advanced Writing Requirement with professor's permission. The "nation-state" of California has for many years been a national and global leader in environmental law and policy. This seminar course will provide a survey of key California environmental law and policy issues. Policy issues include the California Environmental Quality Act (CEQA); coastal planning and regulation; renewable energy law and policy; California's leadership role regarding the law of global warming/climate change; property rights and the environment; the ecosystem crisis affecting the California Delta; the public trust doctrine; and environmental federalism (i.e., the respective California and federal roles in environmental regulation). A special feature of this course will be a number of guest speakers on the above topics, including practicing environmental attorneys, judges, policymakers and non-legal experts(e.g., scientists and economists.) The course grade for this class will be based primarily on a student paper, in lieu of a final exam. If suitable arrangements can be made, the class will include one or more field trips to bring students into direct contact with the resources being studied.

6 unit registration requirement. Satisfies Professional Skills Requirement. The California Supreme Court Clinic will provide students with an immersive experience in litigating cases before the state’s highest court. Under the supervision of the Clinic instructor, students will participate in the representation of parties and/or amici curiae in actual cases pending before the California Supreme Court. Working in teams, Clinic members will research the law, develop arguments, and write draft briefs on behalf of Clinic clients. Students participating in the Clinic are required to attend a two-day orientation at the start of the term. Class Limit: 6 students

This program is designed to provide students with hands-on lawyering experience in a legislative office, with a legislative committee, or with a government or nonprofit office engaged in legislative and policy work. The major thrust of the program is to enable students to become familiar with governance and policymaking in California, including how laws are made, and the role of attorneys in their interpretation and enforcement.

Graduation Requirements: Counts towards Professional Skills Requirement.
Grading Mode: Satisfactory/Unsatisfactory


Seminar - 1 hour. Required for students enrolled for 4 or more Capital Law Scholars Externship units (Law 446). Recommended for students enrolled in 2 or 3 Capital Law Scholars Externship units. This course will cover issues related to lawyering in California’s state capital, and help students maximize their educational and professional experience in their externship placements. Topics covered may include legislative and policy research, ethical considerations particular to government or policy work, strategies for policy advocacy, and issues in government lawyering. Students will be assigned appropriate reading and will be required to submit reflective journals based on their externship experience and the topics covered in each seminar session.

Named after the late Justice Frances Carr. Students participate in mock trials presided over by judges and critiqued by experienced litigators. A preliminary round is followed by quarter-finals, semi-finals, and a final round. Competition is open to second and third year students.

Enrollment: Limited to 40 students.
Grading Mode: Satisfactory/Unsatisfactory

Seminar - 2 hours. This course examines from a globalized perspective a broad range of censorship issues, ranging from free speech ideologies, criminal prosecution for speech crimes, copyright, digital intermediary liability, administrative censorship online and offline, online anonymity regulation, “fairness” in broadcasting, “right to be forgotten” (together with privacy and data protection), net neutrality, cultural diversity regulation, “viewpoint discrimination” in education, assembly and demonstration regulation, film industry regulation, etc., drawing from established cases and practices of constitutional law, antitrust law, communications law, and international human rights/economic law around the world. Unlike the mainstream scholarship which focuses on the gap between the U.S. jurisprudence and international human rights law, the seminar attempts to identify a globally consistent set of theories and arguments that have gained normative and prescriptive traction in the relevant regional or international debates. This course will prepare students for a career in international media law practice.

Discussion - 5 hours. A study of civil actions including the methods used by federal and state courts to resolve civil disputes. Among the topics covered are the relation between federal and state courts; the power of courts over persons, property and subject matter; the scope of litigation; preparation for trial through pleading, discovery and pretrial; devices for resolving actions and issues before and during trial; functions of judge and jury; and the finality of the trial court's disposition.

 This clinic provides practical experience in providing legal services to indigent clients who have filed civil rights actions in state and federal trial and appellate courts. Students work on clinic cases under the supervision of the clinic director. Students are required to follow the clinic office procedures and to employ skills such as interviewing, counseling, research, writing, negotiating, taking and defending depositions, and possibly oral and trial advocacy. Students are certified to appear in court. Each unit of clinic credit assumes four hours of work per week. In any one semester, a minimum of two units (eight hours) of clinic work is required; this clinic work is required in addition to any credit received in the skills component of this program.

Prerequisite: Prior or concurrent enrollment in 219 Evidence.
Graduation Requirements: Counts towards Professional Skills Requirement.
Class limit: 12 students.

Discussion - 2 hours. Course coverage includes civil remedies for civil rights violations under the primary United States civil rights statute. Specifically, it covers actions for constitutional and statutory violations under 42 USC section 1983, affirmative defenses, and abstention doctrines.

Discussion - 3 hours. This course addresses the legal and public policy dimensions of climate change, perhaps the most important environmental issue of our time. Climate change law and policy represent a rapidly developing field, with important changes taking place internationally, at the federal level and within the State of California. While the primary emphasis of the class will be on climate initiatives in the United States and its political subdivisions, international climate change treaties and negotiations will also be discussed. This course utilizes an integrated, interdisciplinary approach, bringing together air pollution, water supply, coastal planning, land use, ocean and fisheries and energy issues. A complete examination of climate change law and policy requires some foundational understanding of climate science and resource economics; accordingly, the course will briefly address these latter topics. Both greenhouse gas mitigation policies and climate change adaptation strategies will be featured in the course. The class will feature some guest speakers, but will primary utilize a discussion format.

Seminar/Clinical - 3 hours. The purpose of this seminar is to train law students to educate the community about basic legal rights and responsibilities. Students attend an initial four-hour orientation, followed by weekly seminars that prepare them to teach in a local high school at least two times per week. Students must prepare a paper or journal, as determined by the instructor.

Enrollment: Limited to 15 students.
Grading Mode: Satisfactory/Unsatisfactory

Discussion - 3 hours. This course will explore community lawyering through the lens of theory and philosophy as well as that of practice and skill-building. The need for community lawyering and the structural inequalities and privileges that are embedded in our legal system and our society will be analyzed. The ethical issues that are presented by the representation of groups and the challenges that arise from “cause lawyering” will be studied. The various sites in which community lawyering can be practiced- non-profit advocacy groups, legal services organizations, private firms, and government - as well as the diverse models used – litigation, transactional work, policy advocacy, community organizing, and participatory action research – will be considered. Skills necessary for effective community lawyering will be identified and practiced. Students will have the opportunity to learn directly from prominent attorneys who practice community lawyering.

Graduation Requirements: May satisfy either the Professional Skills Requirement OR the Advanced Writing Requirement, student must choose one.
Final Assessment: Other – Final paper and short reflection papers

Discussion - 2 hours. A study of the issues that frequently arise in large complex litigation involving multiple parties and multiple claims. The course will focus on significant trends in modern complex litigation such joinder, class actions, and alternatives to traditional court-based litigation.

Please note: students who have already taken Complex Litigation are not eligible to take this course.

Final Assessment: Take-home exam

Discussion - 2 hours. A study of how law operates across state and national borders. The topics covered include choice of applicable law in transactions involving multiple jurisdictions, recognition of judgments, and the exercise of jurisdiction.  Particular emphasis will be given to conflicts analysis in transnational cases.  The course deals with problems practitioners frequently encounter in a wide variety of fields, from commercial law to family law to law in cyberspace.

Discussion - 4 hours. Learn the principles, doctrines and controversies regarding the basic structure of and division of powers in American government. Specific topics include judicial review, jurisdiction, standing to sue, federalism, federal and state powers and immunities and the separation of powers among the branches of the federal government.

Discussion - 4 hours. This course principally covers the First Amendment and the Equal Protection Clause. The First Amendment materials and discussion involves an examination of freedom of speech and assembly: focusing on how the protection provided speech changes depending on the kind of speech that is regulated, the location where speech occurs, and the nature of the regulation that limits expression. The Equal Protection materials and discussion examine suspect class doctrine, including discrimination on the on the basis of race, gender, alienage and other characteristics, affirmative action, and the problem of invidious motive. State action doctrine will also be discussed.

Students who completed either Law 218(A) Constitutional Law II—Equal Protection or Law 218(B) Constitutional Law II—First Amendment may not take this course.

Discussion - 2 hours. Students who have previously taken Law 218, Constitutional Law II, or who plan to take Constitutional Law II for 4 units may not take this course.  Students are not required to have taken Constitutional Law II- First Amendment to register for this course, although priority will be given to those students.  This course focuses on the Equal Protection Clause of the Fourteenth Amendment. Class materials and discussion will examine, among other things, suspect class doctrine, including the judicial treatment of classifications based of race, gender, alienage, sexual orientation and other characteristics, so-called "affirmative action," the constitutional treatment of laws and policies that have a disparate impact along racial or gender lines, and the related problem of invidious government motive. "State action" doctrine will also likely be discussed.

Discussion - 2 hours.  Students who have previously taken Law 218, Constitutional Law II, or who plan to take Constitutional Law II for 4 units may not take this course.  Students enrolled in this course will be given priority registration to enroll in Law 218A, Constitutional Law II - Equal Protection.   This course principally covers the free speech clause of the First Amendment. The course will cover issues relating to freedom of speech and assembly: focusing on how the protection provided speech changes depending on the kind of speech that is regulated, the location where speech occurs, and the nature of the regulation that limits expression.

Seminar - 2 hours. Satisfies Advanced Writing Requirement. This seminar will examine the theoretical roots of American constitutional law, as well as theoretical evaluations and criticisms of constitutional law.  The readings will include both historical materials which shaped the Framers’ thinking, and modern academic writings analyzing the theoretical underpinnings of constitutional law.  Topics covered will include general issues such as the values of constitutionalism, reconciling constitutionalism with democracy, and theories of interpretation, as well as specific topics such as free speech theory, discrimination theory, and the theory of property rights.  The specific topics covered will vary from year to year, at the discretion of the instructor.  The ultimate objective of the course will be to provide students with a broad understanding of the shape of modern constitutional theory, and the ability to understand the implications of that theory for concrete historical and modern constitutional disputes.

Discussion - 5 hours. This course examines the sorts of promises that are enforced and the nature of protection given promissory obligations in both commercial and noncommercial transactions. Inquiry is made into the means by which traditional doctrine adjusts or fails to adjust to changing social demands.

Discussion - 3 hours. We will thoroughly examine the law of copyright, including its application to literature, music, films, fashion, architecture, television, art, computer programs, and the Internet. Issues addressed include: what works are eligible for copyright protection, the copyright owner's rights, the term of protection, copyright ownership and transfer, infringement, defenses to infringement, and criminal liability for copyright.

Discussion - 2  hours. This course covers the law of conspiracy, corporate criminal liability, mail and wire fraud, the Hobbs Act, RICO, money laundering, obstruction of justice, and other white collar crimes and their associated defenses.

Discussion- 2 hours. Prerequisite: Law 220, Federal Income Taxation. This course is an examination of the federal income tax relationship between corporations and their owners. The class will cover the transfer of funds into a corporation on formation and the re-transfer of money and property from the corporation to its shareholders. The course also considers taxable and non-taxable corporate restructuring in the form of sales, mergers, acquisitions, and divisions of corporations. Subchapter S corporations, a pass-through tax regime for incorporated entities, will be discussed. The course is appropriate for students who intend to pursue careers advising clients in corporate formation, restructuring, and acquisitions, in other words, a general business practice. 

Seminar - 2 hours. This course explores the complex challenges that entrepreneurs, businesses, and other organizations face when trying to address legal issues relating to technology. The seminar's approach is both practical and multidisciplinary, and it encourages students to explore the roles of a wide range of stakeholders (including lawyers, policy advocates and policymakers, businesspersons, and technologists) in developing legal and business strategies.

The course draws on a rich set of case studies based on recent legal controversies (including pre-litigation correspondence, pleadings, briefs, and other litigation materials). Students also review, analyze, and critique transactional documents and other legal materials (including contracts and website terms of use and privacy policies), with an eye toward assessing legal and PR risks and protecting client's interests.

Graduation Requirements: Professional Skills Requirement

Final Assessment: Project/Exercise

Grading Mode:  Letter Grading

Discussion - 3 hours. This course studies the bases and limits of criminal liability. It covers the constitutional, statutory and case law rules that define, limit and provide defenses to individual liability for the major criminal offenses.

Discussion - 3 hours. This course examines the federal constitutional limits on government authority to gather evidence and investigate crime. Topics to be covered include Fourth Amendment limits on search, seizure, and arrest; the Fifth Amendment privilege against self-incrimination; and the Sixth Amendment right to counsel. While the course emphasizes current law and the evolution of Supreme Court doctrine, it also considers related policy questions on the role of police in a democratic society.

Lecture/Discussion/Laboratory - 4 hours.  This is a trial advocacy course that centers on preparing a criminal case. There will be some discussion of the nation’s current difficulties in the administration of criminal justice but the majority of the course will focus on helping the students learn the skills to successfully complete a criminal trial.

Students who have already taken Law and Practice of Voir Dire are not eligible to take this course.
Graduation Requirements: Counts towards Professional Skills Requirement.
Final Assessment: Other – Students will submit a final trial binder detailing the particulars of their trial in conjunction with a final paper.
Grading Mode: Letter Grading

Discussion - 3 hours. This course will examine race relations and racial discrimination in America through the perspectives of proponents of the Critical Race Theory movement ("CRT"), a collection of legal scholars who challenge both conservative and liberal political orthodoxies. CRT is part of an evolving tradition that originated with Critical Legal Studies ("CLS"), a movement of radical academics that sprang up in the 1970s. Topics covered will include anti-discrimination law, affirmative action, immigration, the criminal justice system, identity politics, the intersection of race, gender and class, post-modern conceptions of race, among others.  Students must attend the Aoki Center Interdisciplinary Research Seminar Series on Tuesdays from 12:00-1:00 PM, Room TBA.

Lecture/Discussion - 3 hours. As e-commerce becomes a principal mode of conducting business, the law struggles to adapt. This class explores the exciting legal issues that are emerging as crucial to the conduct of business in cyberspace. We begin by discussing the evolution and current administration of the Internet and the World Wide Web. After a brief foray into early claims that cyberspace should not be regulated at all, we examine how cyberspace is in fact being regulated. We cover a variety of issues relevant to businesses engaged in e-commerce, including jurisdiction, the domain name system, electronic contracting and signatures, intellectual property, privacy, taxation, and antitrust. The course reviews recent state and federal legislation dealing specifically with e-commerce, along with case law and secondary materials. The goal is not primarily to teach a number of rules, but rather to understand how to approach cyberspace issues.

Seminar - 2 hours. Course offers an overview of the constitutional law governing the death penalty in the United States. After an initial look at the history of capital punishment and the arguments for and against the death penalty, the course will consider the following topics: early challenges to the death penalty; different statutory attempts to enact constitutional death penalty schemes; execution of offenders who commit non-homicide crimes and who are felony murder accomplices, juveniles, mentally retarded, insane or possibly innocent; jury selection in capital cases; the effect of race on capital sentencing; the roles of the defendant, defense counsel, the prosecutor, and the trial judge; the procedural requisites and evidentiary limits for capital sentencing trials; penalty trial instructions and arguments; and international standards regarding capital punishment. Class attendance is mandatory; preparation for, and participation in class is expected. There will be at least two short tests and a final paper. Enrollment will be limited to 20 students.

Discussion - 3 hours. This course examines disability law and theory. The course is devoted to the Americans with Disabilities Act (particularly Titles I, II, and III) as it applies to employment, education, public accommodations, and government services and programs. Topics include the statutory definition of disability; the social and medical models of disability; the nature of disability discrimination; the construction of effective remedies; the role of medical expertise in the remedial process; and reasonable accommodations and defenses.

Classroom Policies: This course has an attendance policy.

Seminar - 3 hours. This course examines the interaction between policy and the law of various educational themes in K-12 and higher education (primarily K-12 education) and will consider the various state and federal legal efforts to improve K-12 education.  Topics to be discussed include civil rights, inequality and the "right" to an education, bilingual education, school finance litigation, educational access, No Child Left Behind Act, Common Core Standards and charter schools. The course should be of interest to students interested in educational policy in particular and social regulatory policy in general.   Each student will prepare one in-depth research paper on a subject, issue, or problem of his or her choice, related to the class subject matter.

Graduation Requirements: May meet Advanced Writing Requirement with the instructor's permission.

Discussion - 3 hours. Examination of federal laws prohibiting employment discrimination, including Title VII of the Civil Rights Act of 1964, the Equal Pay Act, the Age Discrimination in Employment Act, the Americans with Disabilities Act, the Rehabilitation Act of 1973, and section 1981.

Discussion - 3 hours.  This course provides an overview of employment law, labor law and employment discrimination law and aims to serve as a foundation for understanding the law and policy (statutory and common law) that surround the employer-employee relationship.   Rather than focusing on the various statutes that govern workplace relationships, this course is organized topically around the areas that tend to create tensions between employer and employee interests.   The course will focus on the interests of the parties as much or more than their legal rights as they currently exist in the law.  The questions we focus on in this course include the following:How should law mediate conflicts between employer and employee rights?What is the significance of constructing disputes as individual versus collective? What is the effect of increasing racial, ethnic, and gender diversity in the workplace on law and policy? Is law the most effective way of mediating employer and employee interests?  What is the role of organizing, self-help efforts, and other employee initiatives?

Provides practical experience in employment relations, including employment discrimination and public sector labor law. Students work under the direct supervision of a government lawyer and have the opportunity to participate in a range of activities associated with their specific office, with emphasis on observation and participation in actual investigation, interviewing, drafting pleadings, and attendance at hearings. Journals and attendance at one or more small group meetings are required. Students also must complete an evaluative final paper of approximately 5 to 7 pages.

Prerequisite: Prior or concurrent enrollment in 251 Labor Law or 260 Employment Discrimination or 260AT Employment Law.
Graduation Requirements: Counts towards Professional Skills Requirement.
Grading Mode: Satisfactory/Unsatisfactory

Seminar - 2 hours. The seminar explores the history, law, and public policy of energy regulation in the United States, emphasizing economic and environmental regulation. Competitive restructuring of the natural gas and electric utility industries is emphasized. The basic regulatory schemes for other energy sources—hydroelectric power, coal, oil, and nuclear power—are explored depending on class interest. This seminar is recommended to anyone interested in the energy sector, various models of economic regulation, or regulated industries.

Final Assessment: Take-home exam

Elective course for Environmental Law Certificate Program.

Discussion - 2 Hours. Introduction to the field of environmental justice. We will cover the origins and history of the Environmental Justice movement; Environmental Justice’s distinctive approach to lawyering, with an emphasis on building power rather than winning cases; and an introduction to important topics in environmental justice, including siting of locally unwanted land uses; community-based research; the connections between Environmental Justice and the planning and public health professions; and global climate change. Guest speakers will be invited when available and appropriate.

Discussion - 4 hours. An introduction to environmental law, focusing primarily on federal law.  Includes coverage of the historical development of environmental law, including the transition from common law to statutory law; the role of courts, the legislature, and the executive branch in the development and implementation of environmental policy; allocation of authority among different levels of government; the role of market forces in environmental decisions; and the major regulatory strategies that have been applied to control environmental harm. Major statutes considered include the National Environmental Policy Act, Endangered Species Act, Clean Air Act, Clean Water Act, Resource Conservation and Recovery Act, and Comprehensive Environmental Response Compensation and Liability Act.

Core course for Environmental Law Certificate Program.

Practical experience in environmental law. Students work in an approved government, nonprofit agency engaged in some form of environmental law work for a minimum of eight hours per week. Students must prepare a journal describing and reflecting upon their clinical experiences and meet periodically with the instructor.

Prerequisite: Prior or concurrent enrollment in 285 Environmental Law and instructor consent.
Graduation Requirements: Counts towards Professional Skills Requirement.
Grading Mode: Satisfactory/Unsatisfactory

Seminar - 2 hours. Emerging technologies such as genetic engineering, nanotechnology, synthetic biology, and geoengineering have the potential to transform lives, economic systems, and entire societies. The health and environmental risks and uncertainties associated with these technologies also pose novel and fascinating challenges for regulators. Existing laws, domestic and international, in some instances offer a starting point for managing risk and uncertainty, but often constitute an imperfect fit. Emerging technologies present new and unanticipated circumstances, and their rapid development frequently outpaces the ability of legislators and regulators to respond. This course will examine legal regimes that might apply to various emerging technologies and consider governance mechanisms and reforms that might enable more foresighted and participatory development and management of technology. Students will do extensive reading of cases, statutes, treaties, and scholarly analyses. Each student will write a 25-page research paper on a topic of emerging technology regulation.

Graduation Requirements: Satisfies Advanced Writing Requirement.

Discussion - 2 hrs.  Core course for Environmental Law Certificate Program.  Prerequisite: prior enrollment in 285 Environmental Law is recommended, but not required. This class examines underlying theory and practice in securing compliance with our major environmental laws.  After exploring basic principles of enforcement, we look at current issues arising in implementing environmental law in civil prosecutions, criminal prosecutions, and citizen suits.  These include environmental federalism, deterrence-based and cooperation-based theories of enforcement, penalty policies, supplemental environmental projects, mens rea requirements for criminal violations, and standing and other prerequisites for citizen enforcement.  In addition to statutory, regulatory, and case materials, the class includes case studies, role plays, and extensive policy discussion.

Environs is a biannual environmental law and policy journal which supports an open forum for the discussion of current environmental issues. Articles explore environmental issues, particularly those pertaining to the state of California. The editor in chief of Environs receives two unit of credit for each semester of service. Managing editors receive 1 unit of credit.

Grading Mode: Satisfactory/Unsatisfactory

Environs is a biannual environmental law and policy journal that provides an open forum for the discussion of current environmental issues, particularly those pertaining to the state of California. Grading is on a Satisfactory/Unsatisfactory basis. The following student positions comprise the enrollment of this journal:

  • Editor in Chief: 1 position, 2 units per semester. Position may be held by the same person for both semesters, or a different person each semester. If there are two Editors in Chief, they have to decide who takes the units in the fall and who takes the units in the spring. They cannot be split each semester.
  • Managing Editor: 2 positions, 1 unit per year (will perform work both semesters, but receive credit only one semester)
  • Executive Editor: 8 positions, 1 unit per semester

Discussion - 2 hours.

No One Here Gets Out Alive.  That is the title to the first Jim Morrison biography, and it is a good reason proper estate planning will become even more important as Baby Boomers transfer wealth in coming years.  This 2-unit course will focus on the estate planning process and common estate planning techniques.  Estate planning involves several substantive areas, but this will be a self-contained course without prerequisites.  We will review a variety of estate planning documents, discuss dealing with clients and others in the process, evaluate certain drafting techniques, and consider many practical examples.   

Proper estate planning will become even more important as Baby Boomers transfer wealth in coming years.  This 2-unit course will focus on the estate planning process and common estate planning techniques.  Estate planning involves several substantive areas, but this will be a self-contained course without prerequisites.  We will review a variety of estate planning documents, discuss dealing with clients and others in the process, evaluate certain drafting techniques, and consider many practical examples.   

Lecture/Discussion - 3 or 4 hours. This course covers rules regarding the admissibility of testimonial and documentary proof during the trial of civil and criminal cases, including rules governing relevancy, hearsay, the examination and impeachment of witnesses, expert opinion, and constitutional and statutory privileges.

The 3-hour version of the course is a faster-paced course that will cover only the Federal Rules of Evidence, and students intending to do trial work in California are advised to take the 4-hour version.

The 4-hour version of the course covers primarily the Federal Rules of Evidence with some discussion of the California Evidence Code by comparison and reference

Final Assessment: Exam
Classroom Policies: Professor Lin has a no-laptop policy.

Discussion - 3 hours. An introduction to the legal regulation of the family. Coverage will include laws and public policies governing marriage and non-marital relationships; the parentage of children born through assisted reproductive technologies; the economic consequences of marital and non-marital dissolutions; child custody and visitation; and interstate jurisdictional issues.

Each student is required to enroll for two semesters, receiving four units each semester for total of eight units. Students represent low-income persons in family law and related matters arising out of situations involving family violence. Students are supervised by the staff attorney at the clinic's office. The clinic begins with an intensive 3-day seminar during one of the first weekends of fall semester, eight hours each day on Friday, Saturday and Sunday, focusing on domestic violence and office procedures. Subsequent two-hour seminars are held throughout the year, with approximately 12 seminars being held fall semester and 3 spring semester. Clinical component: Each student performs 10 hours of clinical work per week during the fall semester and 12 hours per week during the spring semester. Under the supervision of the staff attorney, each student represents clients in seeking restraining orders, child custody and visitation, child support, dissolution, and property division. Students also assist clients in obtaining health care services, housing, and public benefits.

Prerequisite: Prior or concurrent enrollment in Law 219 Evidence. Prior or concurrent enrollment in Law 272, Family Law, and Law 263A Trial Practice is recommended.
Graduation Requirements: Counts towards Professional Skills Requirement.
Class limit: 10 students.

Students in this program have the opportunity to work with the Internal Revenue Service or other governmental tax agency. Journals and attendance at group meetings are required.

Prerequisite: 220 Federal Income Taxation.
Graduation Requirements: Counts towards Professional Skills Requirement.
Grading Mode: Satisfactory/Unsatisfactory

 

Seminar - 2 hours.  In 1925, Congress passed the Federal Arbitration Act (“FAA”) to allow merchants to settle disputes outside of the court system.  In the past three decades, the United States Supreme Court has expanded the FAA dramatically, spurring heated debate.  This class will trace the development of commercial arbitration law, with a special emphasis on hot-button contemporary issues like consumer and employment arbitration, the separability doctrine, preemption of state law, and the arbitrability of statutory claims. 

Graduation Requirements: May meet Advanced Writing Requirement with the instructor's permission.

Discussion - 4 hours. There are no prerequisites, although this course is a prerequisite for most other tax courses. This course surveys the federal income tax system, with consideration of the nature of income, when and to whom income is taxable, exclusions from the tax base, deductions and credits, and tax consequences of property ownership and disposition. Our objective will be to explore and critically evaluate the concepts and policies underlying the federal income tax, as well as to learn to interpret the statutory provisions by which these concepts and policies are implemented.

Taxes touch every aspect of our lives, from cradle to grave, from the child tax credit to what the ill-informed call the "death" tax. Taxes raise revenue, to be sure. But they also stimulate and stunt economic growth; redistribute and concentrate wealth; reward and punish families; influence and distort economic and social behavior. Indeed, taxes reflect and reinforce societal norms and values. Thus, while you will be exposed to the elegant and chaotic intricacies of the Internal Revenue Code ("the Code") in this class, you will also be exposed to the peculiarities of U.S. society, economics, politics, culture, and government. This course is geared to the future general practitioner as well as the future tax and business law specialist.

This course is not particularly numbers or math intensive and prior knowledge of accounting is not necessary (if you can add your fingers together, you'll be fine).

Seminar - 3 hours. Elective course for Environmental Law and Public Service Certificate Programs. The seminar focuses on legal relations between Native American tribes and the federal and state governments. The course will consider the basic jurisdictional conflicts that dominate this area of law, including specific areas such as land rights, hunting and fishing rights, water rights, environmental protection, gaming regulation, taxation, and criminal law.  The course will also touch upon constitutional issues pertaining to tribes and questions of federal policy.

Discussion - 3 hours. A study of the subject-matter jurisdiction of federal courts. The constitutional and statutory grants of authority to federal courts to adjudicate actions arising under federal law or between parties of diverse citizenship are examined in contemporary detail and from the perspectives of history and the Constitution. The course begins with a close examination of the scope and sources of the rules governing the jurisdiction of the federal district courts, and proceeds to develop a general theory of federal jurisdiction that includes federal appellate jurisdiction, writs of habeas corpus, abstention, justiciability, and state sovereign immunity. Fundamentally this course seeks to elaborate the constitutional themes of separation of powers and federalism as guides to critical understanding and evaluation of the Supreme Court?s leading cases on the scope of federal jurisdiction.

Prerequisite: 205 Constitutional Law I.
Classroom Policies: This course has a no-laptop policy.

Discussion - 3 hours. This course provides an overview of gender justice issues.  Readings cover women's legal history and feminist legal theory, including liberal, radical, cultural, and anti-essentialist feminism, as well as masculinities theory and studies.  After spending the first six weeks of the course discussing various strands of theory, students will consider the relationship between theory and practice by (1) looking at a number of issues that arise at junctures where women's lives encounter law (e.g., pornography, reproductive freedom, sexual harassment, rape, employment, work-life balance) and (2) considering other specific manifestations of gender and gender stereotypes in law.  Students determine the specific intersections/topics they wish to cover for these latter weeks of the course, and each student is required to assign course readings and lead class discussion (solo or as part of a 2-person team) on one of the selected topics.  Students must also participate regularly in the course blog, Feminist Legal Theory.

Graduation Requirements: May meet Advanced Writing Requirement with the instructor's permission.
Classroom Policies:
  • This course has an attendance policy.
  • This course has a no-laptop policy.
Final Assessment: None.
Class limit: 12 students.

Lecture - 3 hours. This course examines efforts to ensure a “fair” financial marketplace, focusing on the 2010 Dodd-Frank Act and its creation of the Consumer Financial Protection Bureau; disclosure requirements; prohibitions on unfair, deceptive, (and abusive) acts and practices; and other regimes enacted to protect consumers. Students will study salient contemporary markets for consumer credit, residential mortgages, and student lending. The course will also address how the concept of financial “fairness” has evolved and been influenced by social movements.

Final Assessment: Exam

Discussion - 2 hours.  Elective course for Environmental Law Certificate Program. Introduction to agricultural law, focusing on legal principles and issues at the forefront of contemporary debates about agriculture in society. Topics will include: environmental impacts of agricultural practices, labor law issues, agricultural biotechnology, conflicts between farming and ranching and expanding urban and suburban land use, food safety and security, farm subsidies and assistance programs, the future of the family farm, the law and sustainable agriculture, legal issues in aquaculture, farm animal welfare, and the roles of local, state, and federal governments in regulating agriculture.

Groups of students (not fewer than four and not more than 10) with a common interest in studying a stated legal problem may plan and conduct their own research and seminar program, subject to the following six regulations: (1) the program extends over no more than two semesters; (2) the program plan and the list of group members are submitted to the dean’s office at least four weeks prior to the opening of the semester in which the program is to begin; (3) a three member faculty board is appointed for each group with the authority to approve or disapprove the program and the amount of credit sought; (4) any changes in the program or in the group’s membership is approved by the faculty board (normally, these changes are only approved prior to the semester in which the program begins); (5) the members of the group conduct a weekly seminar session at a time and place to be arranged by them; and (6) each member of the group submits an individual paper or an approved alternative based on the seminar subject to the faculty board.

Grading Mode: Satisfactory/Unsatisfactory

*Unless the entire group asks in advance for letter grades.

Discussion - 3 hours.  The course addresses legal issues raised in general areas: access to health care and health care financing. Course materials and discussion will focus on both public and private aspects of these issue areas.  Likely topics include facility duties to provide care, the role of public funding and civil rights law, state and federal regulation of private and public insurance, and implementation of the Affordable Care Act.

The Immigration and Nationality Law Review (INLR) is in part a reprint journal and serves as an anthology of seminal articles in immigration, nationality, and citizenship law.  The INLR also creates space for student Notes. Grading is on a Satisfactory/Unsatisfactory basis. The following student positions comprise the enrollment of this journal:

  • Editor in Chief: 1 position, 2 units per semester. Position may be held by the same person for both semesters, or a different person each semester. If there are two Editors in Chief, they have to decide who takes the units in the fall and who takes the units in the spring. They cannot be split each semester.
  • Managing Editors: 2 positions, 1 unit per semester
  • Executive Editors: 3 positions, 1 unit per semester

Discussion - 3 hours. The course surveys the history of U.S. immigration law and policy; federal agency interrelationship (departments of Justice, State and Homeland Security); family and employment visa preferences; categories of nonimmigrant (temporary) visas; grounds for removal; removal procedures; defenses to removal; discretionary relief from removal; questions of administrative and judicial review; refugee and asylum law; national security issues; undocumented migration; and citizenship and naturalization.

The Immigration Law Clinic (ILC) provides legal representation to indigent non-citizens in removal proceedings before U.S. Immigration Courts, the Board of Immigration Appeals, and federal courts,including the Ninth Circuit Court of Appeals. The ILC provides this necessary service to Northern California's immigrant communities, offering education and legal services to low-income immigrants facing deportation while enabling students to gain practical, real-world experience. ILC students take on all major aspects of litigation, including interviewing clients and witnesses, preparing legal briefs, drafting pleadings and motions, and arguing complex legal issues. ILC students regularly conduct naturalization and other legal workshops in the community, engage in broader advocacy projects related to the detention & deportation of immigrants, and provide know your rights presentations in local ICE detention centers.  Responding to the increased collaboration between criminal and immigration enforcement agencies, the ILC has also been at the forefront of indigent detention and deportation defense.

Each student is required to enroll for two semesters, receiving four units each semester for total of eight units. 

Prerequisite: Prior or concurrent enrollment in 292 Immigration Law and Procedure.  219 Evidence is recommended. 
Graduation Requirements: Counts towards Professional Skills Requirement.

Seminar - 2 hours. While there is no fixed definition of privacy, most experts would agree that technology now makes it easier than ever for private and public actors to exploit it.  Our personal information can be found in massive databases as well as in multiple places on the Internet. Not only do advertisers, creditors, and employers want this information, so do law enforcement agencies.  This course examines several topics that arise in field of information privacy law, with a special emphasis on law enforcement access to this information.

Prerequisite: 227A Criminal Procedure is recommended.
Final Assessment: Other – Papers during the semester.

Seminar - 2 hours. Satisfies Advanced Writing Requirement. This course will explore the broad range of legal issues that innovation lawyers face, from establishing a start-up to high stakes technology mergers & acquisitions, to data protection and privacy, protecting intellectual property through strategic patent litigation, and managing safety, employment law and civil rights liabilities that arise from new technologies (e.g., Tesla) or new platforms (the Sharing Economy). The class will include all day field-trips for on-site seminars at a leading Silicon Valley law firm and with in-house counsel at top technology and sharing economy companies in San Francisco. Students will write individual research papers guided by the professor.

Participants assist in instructing the Legal Research and Writing programs for first-year students under the direction of the Legal Research and Writing instructors. Approval of the Legal Research and Writing instructors is required for enrollment. Legal Research and Writing instructor determines whether student earns 1 or 2 units.

Grading Mode: Satisfactory/Unsatisfactory

Discussion - 3 hours. This course provides a broad survey of intellectual property law.  Areas covered include trade secrets, patents, copyright, and trademark.  We will examine legal doctrine as well as the theories and policies animating the intellectual property system.  In exploring these topics, we will frequently consider the challenges posed by recent technological advances and Internet-based media distribution.  No technical background is required.

Seminar - 2 hours. Is intellectual property law doing justice by creative artists and inventors? What is at stake in IP law for freedom of speech, access to education, affordable health care, distributive justice, democratic culture, and academic freedom? Are intellectual property protections in tension with the human rights to health, education, food, and culture? Or is intellectual property itself a human right?  In this seminar, we examine the implications of copyright and patents for a broad set of social justice values, with particular emphasis on the interaction between intellectual property law and human rights law on the global stage. For students pursuing intellectual property practice, this course will offer the opportunity and challenge of reflecting critically upon this area of law. Importantly, the course is designed to also be very much appropriate for students with an interest in human rights and social justice who may not yet have an interest in intellectual property. These students will gain a deeper familiarity with human rights institutions and reasoning, especially the particular challenges associated with “second-generation” socioeconomic rights. They may also discover an interest in intellectual property law as an extension of their commitments to human rights and social justice. Prior coursework in either intellectual property or human rights is helpful but not required; a diversity of student backgrounds and perspectives will enhance the class discussion.

Students in this program have the opportunity to work for government, academic, and nonprofit entities. Students perform a variety of functions related to evaluating, obtaining, and licensing intellectual property.  Such activities may include assisting in patent prosecution, prior art searches, freedom to operate analyses, license drafting, and license negotiations. Journals, time sheets, and attendance at two group meetings are required. Students also must complete an evaluative final paper of approximately eight pages. The hours completed in this public interest setting may apply toward the practicum requirement for the Public Interest Law Program.

Graduation Requirements: Counts towards Professional Skills Requirement
Grading Mode:
Satisfactory/Unsatisfactory

Seminar - 2 hours. Arbitration has emerged as the principal method for resolving international disputes arising from cross-border commercial transactions and private foreign investment. This seminar offers an opportunity to study international arbitration involving States, individuals, and corporations; it covers both international commercial arbitration and investment treaty arbitration. It will focus on international law, principles, and practices, and students will learn about the interaction between international and domestic legal sources governing the operation of international arbitration. Broadly, the seminar will cover the following areas: the parties; the agreement to arbitrate; the arbitrators; the arbitral proceeding; and, the arbitral award.

Prerequisites: Prior course work in international law is helpful, but not required.
Final Assessment: Exam

Discussion - 3 hours. This course is based on experiential learning structured around an extended stimulated negotiation of a business transaction. It is focused on the skills of transactional lawyering and negotiation rather than the substantive law governing international business transactions. The goals are to (i) introduce students to transactional law, (ii) provide negotiation training in the context of transactional practice, and (iii) further students’ practical legal skills. The course allows students to apply their legal and non-legal knowledge in the context of serving as a lawyer negotiating a “real” business transaction within the controlled environment of the classroom. Students become immersed in the thought process of a transactional lawyer as they progress through the negotiation, learn the relevance of the facts of the transaction, explore the interface of business and law, and draw upon their intellectual and emotional resources to solve problems that arise in “real time” during a transaction. The negotiations are serial, building on the preceding negotiation session, enabling students to experience a transaction from beginning to end. Class time focuses on negotiation skills and strategies, legal and business issues relevant to the negotiation, how such matters are addressed in legal documents, issues of cross-cultural and developing economy negotiations, approaches for dealing with impasse and frustration, and the ethics of negotiation. Upon completion of the course, students will have developed facility with actual negotiations, an understanding of transactional practice, and an appreciation of what it means to be a transactional lawyer engaged in a cross-border or domestic transactional negotiation.

The negotiations will take place through written exchanges and live negotiations.

Prerequisite: Prior or concurrent enrollment in 215 Business Associations required. 211 Negotiations and 270 International Business Transactions recommended.
Graduation Requirements: Counts towards Professional Skills Requirement.
Final Assessment: Paper
Class limit: 18 students.

Discussion - 2 hours. A consideration of select legal problems arising from international business transactions. Transactions covered include transnational sales, agency and distributorship agreements, licensing of intellectual property, foreign direct investment, mergers and acquisitions, joint ventures, concession agreements, and international debt instruments.

Classroom Policies: This course has an attendance policy.

Discussion - 3 hours. Elective Course for Environmental Law Certificate Program. May satisfy Advanced Writing Requirement with professor's permission.  Prior course work in environmental law and/or international law is helpful. This course provides an overview of the structure and basic principles of international environmental law and policy. The course considers the challenge of addressing global environmental problems in a system characterized by multiple sovereign governments, the regulatory limitations of U.S. law, and the basic structure and principles of international environmental law, as well as substantive areas such as climate change, biodiversity and wildlife protection, and the intersection of international trade and the environment. The course grade for this class will be based primarily on a student paper.

Discussion - 3 hours. Intellectual property is increasingly a global phenomenon, as creators seek to distribute their work and inventions across borders, while consumers seek access to creative products and innovations, from books to life-saving medicines. The scope of intellectual property rights set out in international treaties and national laws affect innovation and creativity worldwide. Exceptions to intellectual property rights determine rights to critique and learn. At stake in the balance between rights and exceptions are access to medicines and to knowledge. In an age driven by both technology and fashion, intellectual property is central to the global economy. This course will examine international trade law, national customs law, intermediary liability rules, claims for rights in traditional knowledge and genetic resources, protections for geographical indications, technology transfer, and intellectual property piracy. The central question will be: how can international intellectual property law be designed to help the world’s poor?

Final Assessment: Take-home exam

 

Discussion - 3 hours. The course explores current developments in international law, conflict of laws, civil procedure, arbitration, and comparative law in the context of transactions and disputes that cut across national boundaries. Topics covered include jurisdiction to prescribe, jurisdiction to adjudicate, the enforcement of judgments, the relative merits of arbitration and adjudication, international discovery, and international choice-of-law problems.

Discussion - 2 hours. China has become factory to the world, India its back office, and the United States its information intermediary. Our lives are increasingly intertwined with international trade. Trade law affects what goods we can buy, the safety of the foods we consume, and the conditions under which our clothes are produced. This course will review the existing landscape of trade regulation from the World Trade Organization to regional organizations such as NAFTA. The course will consider the implications of international trade law for developing economies and analyze both the strengths and weaknesses of the current international trade order.

Participation in interschool moot court and lawyering skills competitions. Enrollment is limited to students actually representing the school in the interschool competitions. Competition must be authorized by the appropriate faculty advisor. The faculty advisor may condition the award of academic credit for any particular competition on the performance of such additional work as may be reasonable to justify the credit.

Prerequisite: Permission of the faculty advisor.
Grading Mode: Satisfactory/Unsatisfactory

Discussion - 1 unit. The first week of law school constitutes a basic introduction to the concepts of the law, the historical roots of common law and equity, the precedent system in its practical operation, the modes of reasoning used by courts and attorneys, and the fundamentals of statutory interpretation.

Grading Mode:  Satisfactory/Unsatisfactory

Discussion - 2 hours. Course is only offered to LL.M. students. History and fundamental principles of the United States legal system. Important current legal issues, developments and trends. Required for LL.M. students who have not attended a U.S. law school. Fall semester only.

Lecture - 3 hours. This course is designed to provide foreign students with background skills at a more basic level than U.S. Legal Methods A and B. Students will audit carefully selected courses in the regular curriculum and complete assignments for Associate Dean Beth Greenwood related to those courses. Students receiving credit for this course will not take any exams or do other graded assessments in the courses they audit. The units that students receive for this course will be reflected on their transcripts but will not count towards any degree or towards the units required to take a bar exam. A student who audits a course in the regular curriculum through this course may later take the course in the regular curriculum for credit. Students may take this course and U.S. Legal Methods A concurrently. Students will be placed in the course by Dean Greenwood.

Course is only offered to LL.M. students.

Note:  This course will not apply toward the 20 units required for graduation from the UC Davis LL.M. Program.  Units from this course will also not count toward the number of units required for taking bar exams in California, New York or any other American state.

Lecture - 3 hours. This course is designed to provide foreign students with background skills at a more basic level than U.S. Legal Methods I and II. Students will audit carefully selected courses in the regular curriculum and complete assignments for Associate Dean Beth Greenwood related to those courses. Students receiving credit for Introduction to this course will not take any exams or do other graded assessments in the courses they audit. The units that students receive for this course will be reflected on their transcripts but will not count towards any degree or towards the units required to take a bar exam. A student who audits a course in the regular curriculum through this course may later take the course in the regular curriculum for credit. Students may take Introduction to American Legal Concepts II and U.S. Legal Methods II concurrently. Students will be placed in the course by Dean Greenwood.

Course is only offered to LL.M. students.

Note:  This course will not apply toward the 20 units required for graduation from the UC Davis LL.M. Program.  Units from this course will also not count toward the number of units required for taking bar exams in California, New York or any other American state.

The UC Davis Journal of International Law and Policy publishes semi-annually and strives to contribute pertinent and interesting scholarly works to the field of international law. The following student positions comprise the enrollment of this journal:

  • Editor in Chief: 1 position, 2 units per semester. Position may be held by the same person for both semesters, or a different person each semester. If there are two Editors in Chief, they have to decide who takes the units in the fall and who takes the units in the spring. They cannot be split each semester.
  • Managing Editor: 3 positions, 1 unit per semester
  • Senior Articles Editor : 4 positions, 1 unit per year (will perform work both semesters, but receive credit only one semester)

Grading Mode: Satisfactory/Unsatisfactory

The Journal of Juvenile Law & Policy is a biannual publication of the UC Davis School of Law that addresses the unique concerns of youth in the American legal system. Grading is on a Satisfactory/Unsatisfactory basis. The following student positions comprise the enrollment of this journal:

  • Editor in Chief: 1 position, 2 units per semester. Position may be held by the same person for both semesters, or a different person each semester. If there are two Editors in Chief, they have to decide who takes the units in the fall and who takes the units in the spring. They cannot be split each semester.
  • Managing Sections Editor: 1 position, 1 unit per semester
  • Managing Articles Editor: 1 position, 1 unit per semester
  • Senior Articles Editors: 3 positions, 1 unit per semester

Grading Mode: Satisfactory/Unsatisfactory

Law 261 Judicial Process Seminar is only offered in the fall and must be taken concurrently with or in advance of enrollment in the Judicial Clinical. Students may arrange for judicial clerkships with an approved list of state and federal judges through the Clinical Office and under the sponsorship of the faculty member in charge. All students must complete weekly time records and bi weekly journals. Both full- and part-time externs must complete an evaluative final paper.

Prerequisite: Prior or current enrollment in 261 Judicial Process Seminar required for full-time clinical students and recommended for part-time clinical students. 
Graduation Requirements: Counts towards Professional Skills Requirement.

Grading Mode: Satisfactory/Unsatisfactory

Discussion - 2 hours. Required for all full-time judicial externs and recommended for part-time judicial externs. Offered only in the fall — must be taken concurrently with or in advance of the full-time judicial externship. The seminar examines a variety of issues concerning the judicial process. The focus is on the judge's role in the legal process, the administration of justice, ethical issues, decision making, bias, and critical examination of the strengths and weaknesses in our current judicial system.

Final Assessment: Paper

Seminar - 3 hours. This class will focus on the question: What is law?  Topics to be covered include natural law, legal positivism and legal realism.  Readings will be drawn primarily from legal philosophy, particularly Anglo-American legal philosophy (e.g., H.L.A. Hart and Ronald Dworkin).  Grading will be based on class participation, response papers, and a take-home final.

Seminar - 2 hours. Legal and philosophical bases of a separate juvenile justice process for crimes committed by minors; police investigation, apprehension, and diversion; probation intake and detention; juvenile court hearing and disposition; juvenile corrections.  The role of counsel at each phase of the process is examined.  Guests speakers and a possible field trip.

Discussion - 2 hours. Survey of the legislative, administrative, and judicial regulation of labor relations under federal law. The course focuses on the historical development of labor law, the scope of national legislation, union organization and recognition, the legality of strikes, picketing, and the negotiation of collective bargaining agreements.

Discussion - 2 hours. Local agencies, developers, environmental interest groups, and others regularly deal with the administrative and legislative applications of land use planning and development laws. Topics include zoning, general plans, local government land use regulation, and related areas of litigation. In addition, the course analyzes the expanding role of the California Environmental Quality Act.

Elective Course for Environmental Law Certificate Program.

Discussion - 4 hours. This course introduces students to the economic analysis of law. Students will learn to use the tools of economic analysis (marginal cost and benefit, supply and demand, opportunity cost, etc.) to illuminate and critique familiar areas of law, including property, contracts, torts, and criminal law. Throughout the course, students will consider how economic analysis complements and conflicts with other concerns of the legal system, including fairness and efficiency.  The course does not require any background in economics.

Final Assessment: Exam

Discussion - 3 hours. Introduction to fundamentals of statistical analysis and how statistical analysis is used in the law and public policy. Course goal is to help students become excellent consumers of statistical information and evidence. No prior background in statistics will be required or assumed. The class will begin by introducing students to the basic tools of statistical analysis (mean, variance, correlation, confidence intervals, hypothesis testing, regression analysis, etc). Thereafter, the course will cover various topics including how statistical evidence is used in legal cases (for example, employment discrimination cases, death penalty cases, antitrust cases) and how statistical evidence is used to make public policy arguments and decisions.

Final Assessment: Exam

This seminar is the companion seminar to the Washington UC-DC Externship and is designed to enhance the externship experience in three principal ways:

  1. Teach students about the process of federal lawmaking directly from leading government lawyers, lobbyists, public interest advocates, and journalists.
  2. Allow students to explore new career opportunities unique to the lawyering in Washington as they enhance their skill sets for success in any career path.
  3. Have students investigate the unique roles of lawyers in making and changing federal law and policy.
    Class sessions generally include guest speakers and class discussion based on students' questions submitted in advance. Part of each session will be devoted to a "grand rounds"-style exchange to facilitate peer-to-peer learning about lawyering at the broad range of externship sites. Each student will write a final paper, typically on a legal topic selected in consultation with the instructor and the externship supervisor for educational value and salience to the office. The final classes of the term will be devoted to presentation of papers in progress. Each student will make detailed written comments on one fellow student's draft paper, and where possible will share those comments as a discussant when that paper is presented in class. A sample syllabus  for the seminar is available.

Seminar - 2 hours. This seminar addresses advanced issues in the governance of publicly held corporations. In a public corporation, managers who run the business are distinct from shareholders who are said to own it. This separation of ownership and control is a central concern of corporate governance law. We explore how the law has addressed this issue at the theoretical level and in the context of topics such as the duties of corporate directors, shareholder voting rights, and competition among states to attract corporate charters. Grading is based on active class participation and a research paper to be presented in class.

Prerequisite: 215 Business Associations.
Graduation Requirements: May meet Advanced Writing Requirement with the instructor's permission.
Class limit: 12 students.

Lecture - 2 units.  This course focuses on the law of trade secrets, including the Defend Trade Secret Act (DTSA), the Uniform Trade Secret Act (UTSA), restrictive covenants and covenants not to compete, and current case law developments in the areas of employee mobility and raids, and corporate espionage.  There is also discussion of the Computer Fraud and Abuse Act and computer forensics. 

Prerequisites: Prior coursework in Property, Torts, Evidence and Contracts is recommended.
Final Assessment: Exam
Classroom Policies (Professor is expected to elaborate on syllabus):
  • This course has an attendance policy.
  • This course has a participation policy. 
  • This course has a no-laptop policy.

Editors of the UC Davis Law Review may receive four credits over two semesters for service as an editor. Credits are awarded on a deferred basis upon completion of both semesters. Editors must have completed an editorship article and must perform editorial duties requiring a substantial time commitment.. Credit is awarded only after certification by the editor in chief and approval of the faculty advisors. (In exceptional cases, students may petition to participate for one semester only and to receive two credits.)

Grading Mode: Satisfactory/Unsatisfactory

The writing of a law review article under the editorial supervision of editors of the UC Davis Law Review. Office hours (including but not limited to Bluebooking and cite-checking) are also required. In the spring semester, credit is obtained only upon achieving status as a member of the UC Davis Law Review, which requires that the student has made substantial progress towards completing an editorship article. Credit is awarded only after certification by the editor in chief and approval of the faculty advisors. One unit of credit is earned the first semester. Two units are earned the second semester upon nomination and acceptance of nomination to the Editorial Board. One unit is earned second semester if only a membership draft and office hours are completed.

Graduation Requirements: May meet Advanced Writing Requirement with the instructor's permission.
Grading Mode: Satisfactory/Unsatisfactory

Discussion - 2 hours. 2L’s only. This course will focus on skills critical to law school success, and ultimately, bar exam success. The skills include effective case reading, briefing, outlining, and exam writing. Selected subjects from the first year curriculum, specifically remedies-based issues in Contracts, Torts, and Property, will be used as a substantive context for the class. By using these first year subjects as a basis for the course, students will have the opportunity to revisit core law school principles that are always tested on the multiple choice portion of the bar exam and frequently tested on the essay portion. Students will receive individualized feedback on each of their written assignments.

PLEASE NOTE: 2L students who would benefit from assistance with exam writing and law school study skill development are encouraged to enroll in this course. 
Application required for enrollment.  Enrollment: Limited to 20 students.
Grading Mode: Satisfactory/Unsatisfactory

Discussion - 3 hours. The course focuses on corporate practice to explore the ethical responsibilities of lawyers. A large proportion of lawyers practice law in organizations that render advice to business clients. Navigating the landscape of the large law firm or corporate counsel’s office requires awareness of the distinctive experiences and minefields of this work. As such, this course examines the ethical and legal challenges that arise in corporate work, including incorporation, securities and regulatory counseling and compliance, transactions, civil litigation, internal investigations and criminal defense. It also introduces students to various governing standards of practice, both disciplinary and aspirational, including those promulgated by the American Bar Foundation, state bars (particularly California), the Securities and Exchange Commission, and the Treasury Department. By the end of the course, students will possess an in-depth understanding of the Rules of Professional Conduct and other law that applies to lawyers who represent corporations. Throughout the course, students will be exposed to the standard topics in the professional responsibility curriculum, including confidentiality, conflicts of interests, and duties to third-parties and tribunals. Students will be evaluated based on in-class participation and a final exam.

Students who take Law 258 Professional Responsibility are not eligible to enroll in this course.
Graduation Requirements: Satisfies the Professional Responsibility requirement.

Discussion - 2 hours.  This course uses history to answer the question, “Why does the United States have the legal system that it does?”  Why do we operate under the common law rather than the civil law?  How have legal rules and institutions changed over time?  The course traces the development of the common law from its origins in medieval England through the twentieth-century.   Topics include the emergence of substantive doctrine in areas such as contract, property, and commercial law; the development of civil and criminal procedure; the rise of the jury trial; the role of judges; the history of the legal profession and legal education, and the origins of constitutional government in England.

Discussion - 1 hour. A description of the evolution and use of sources of law and secondary authority. Course is only offered to LL.M. students.

Lecture/Discussion - 2 hours. Persuasive writing and oral advocacy. LL.M. section students complete integrated research and writing assignments, including a complaint, a strategic defense office memorandum, a motion to dismiss in federal court, and an appellate brief, with oral arguments by all students.

Course is only offered to LL.M. students.
Graduation Requirements: Satisfies Advanced Writing Requirement.


Discussion - 2 hours. Integrated legal research and writing skills course.  Basic legal research resources and strategies are introduced and practiced.

Discussion - 2 hours.  Persuasive writing and oral advocacy.  Students will complete integrated research and writing assignments, including a complaint, a strategic defense office memorandum, a motion to dismiss in federal court, and an appellate brief, with oral arguments by all students.

Discussion - 2 hours. The course will provide a brief review of basic Spanish and then move into more complicated grammatical structures, all within a legal context, which includes various areas of California law.  The focus of the course is to acquire specialized vocabulary and develop the capacity of students to provide direct legal representation to Spanish-speaking clients. Students will practice both oral and written communication and will learn how to conduct various types of interviews and meetings with clients. The course will also address issues surrounding cultural competency, translation and interpretation, and ethics in the representation of Spanish-speaking clients. Students will be encouraged to develop the vocabulary they will need for their own areas of interest/specialization.

Prerequisite:  Students must speak Spanish proficiently. Native or full fluency not required.
Grading Mode: Satisfactory/Unsatisfactory

This program is designed to provide students with practical experience in the operation of the office of a legislator or a legislative committee. The major thrust of the program is to enable students to become familiar with the give and take realities of making laws, as contrasted with their interpretation and enforcement. Journals are required.

Last term offered: Spring 2016
Prerequisite: Prior or concurrent enrollment in 240 Elections and Political Campaigns, 257 Legislative Process, or 257B Statutory Interpretation and Legislative Process or instructor permission.
Graduation Requirements: Counts towards Professional Skills Requirement.
Grading Mode: Satisfactory/Unsatisfactory

Discussion - 3 hours.  Prerequisite: Business Associations, either previously completed or concurrently enrolled. Also Recommended (but not required): Trusts, Wills, and Estates. Satisfies Professional Skills Requirement.

This class focuses on various types of transactional documents which most income earners will typically encounter. The class will examine some of the most typical transactions about which every lawyer should be knowledgeable using the life-cycle arch of a typical business entrepreneur with tandem comparative analysis of the typical transactions that the lawyer will also confront during a similar arch of her/his personal life cycle.

The class will emphasize the principal legal issues applicable to the various life-cycle transactions. Due to time constraints, the class provides only an overview of some transactions in the dual business/personal life-cycle arches. However, the class will definitely provide in-depth analysis and drafting of hypothetical legal documents, with change scenarios, in the following contexts: 1) a business loan transaction; 2) comparative analysis of the key differences between a commercial vs. residential real estate purchase agreement and attendant real estate finance legal issues, and 3) certain estate planning documents, like possibly a Will and/or Revocable Trust.

The class format is lecture with regular in-class group problem solving based on change scenarios (i.e., how the documents should change if the posited hypothetical facts upon which they are based changed in specific ways).There will be approximately 3 drafting projects and 1-3 problem-sets and/or short multiple-choice tests. Grades will be based 10-20% on in-class participation and 80% -90% on the written projects  and the problem-sets  and/or tests. More precise weighting is dependent on class size.

Discussion - (2) hours. This course covers the California community property system, including the rights of marital and domestic partners during the ongoing relationship, and upon the end of the relationship by death or divorce. The curriculum may include all or part of the following: the use of agreements to bypass the community property system, characterization issues, and management and control issues.

Final Assessment: Exam

Discussion - 3 hours. Satisfies Professional Skills Requirement. The focus of this interactive course is on attorney representation of clients in mediation. Through reading, discussion, role play, and interaction with local practitioners, students will develop the ability to effectively combine advocacy skills and collaborative problem-solving tools, learning to think and act strategically from the beginning of any dispute.

Mediation has become an integral part of the litigation process.  At both the trial and appellate levels, court-sanctioned mediation programs have become the rule rather than the exception.  In some cases, mediation is strongly encouraged.  In others, participation is ordered by the court.  In still other contexts, wise attorneys may be able to utilize the mediation process to resolve disputes in ways that leave their clients with greater satisfaction than they could have achieved through trial.  As a result, becoming an expert in the use of mediation is essential to effective client representation. The course will examine (1) ethical issues in representing clients in mediation, (2) practical issues in preparing both the case and the client for mediation, and (3) strategies involved in representing clients effectively in a mediation session.Students will be graded on preparation, participation, and several short papers.  Class limit:  24 students.

Discussion/Lecture - 3 hours. Students will examine the civil and constitutional bases of mental disability law for people with intellectual, developmental, and psychosocial disabilities in such areas as civil commitment; institutional rights (with specific focus on the right to refuse treatment; scope of habilitation services); and deinstitutionalization, and, to a lesser extent, federal statutory rights. Students will explore all aspects of the role of mental disability in the policing and criminal trial process, including confessions; criminal incompetence; insanity defense; and the death penalty. The course will also address questions of mental and legal capacity in the civil context. Finally, students will also study the history of mental disability law and why and how it has developed as it has as well as questions at the intersection of institutional design, evidence/procedure, and disability. There will be no final exam in this class, rather, students must complete a series of short, research-based essay questions throughout the semester.

Discussion - 3 hours. This course will take a practical approach to mergers and acquisitions, with an in-depth look at the planning, negotiation, documentation and completion of mergers and acquisitions.  Areas explored will include the mechanics of alternative acquisition methods and transaction structures, the application of state corporate laws (focusing on Delaware and California), applicable federal securities laws, and fiduciary duties in both friendly and hostile transactions.

Prerequisite: 215 Business Associations.
Final Assessment: Exam
Classroom Policies:
  • This course has an attendance policy.
  • This course has a no-laptop policy.

Seminar - 2 hours.  This seminar will introduce students to the practice of meditation and connect it with readings about the legal profession at three levels: (1) individual stress reduction and self-care for lawyers and law students; (2) interpersonal relations, particularly lawyer-client relations; and the role of the lawyer, including legal ethics; and (3) trends within the profession, including the “restorative justice” and “therapeutic justice” movements. Although issues of professional responsibility will be discussed, the focus will not be on the rules of professional responsibility.

Members of the Moot Court Board assist in the administration of the School of Law’s Moot Court Program by performing a variety of tasks under the supervision of the course instructor. Members receive one credit for each semester of service on the board, up to a maximum of two. Credit is awarded only after approval by the instructor. Students must sign up to take both semesters.

Prerequisite: 410A and 410B Appellate Advocacy.
Grading Mode:
Satisfactory/Unsatisfactory


 

Seminar - 2 hours. This seminar is devoted to in-depth coverage of two foundational principles of natural resources law: the public trust doctrine and private property rights protected under the "Takings Clause" of the U.S. and many state Constitutions with a particular focus on how those principles affect the allocation of water resources in California and the American West. The course will introduce students to the general principles underpinning both the public trust doctrine and the Takings Clause, before concentrating on their application to Western water law and policy. These related, seminar topics will include integrated study and analysis of legal, policy, scientific and governance issues affecting the natural resources in question. The class will be open to graduate students in ecology as well as law students. If suitable arrangements can be made, the class will include one or more field trips to bring students into direct contact with the resources being studied.

Elective course for Environmental Law Certificate Program.
Prerequisite: 285 Environmental Law or 256 Land Use Planning recommended.

Discussion - 2 hours. This skills course teaches theoretical and empirical approaches to negotiation strategy for the purposes of making deals and resolving disputes. Students participate in simulations to hone their negotiation skills, and write analytical papers.

Graduation Requirements: Counts towards Professional Skills Requirement.
Class limit: 24 students.

Members of the King Hall Negotiations Board assist in the administration of the King Hall Negotiation Team by performing a variety of tasks under the supervision of the course instructor. Members receive one credit for each semester of service on the board, up to a maximum of two per academic year. Credit is awarded only after approval by the instructor.

Enrollment by instructor permission.
Grading Mode:
Satisfactory/Unsatisfactory

Discussion plus document drafting skills - 4 hours. This course is a combination skills class and a lecture course.  Students learn the special legal rules and concepts applicable to nonprofit organizations (particularly IRC 501(c)(3) nonprofits) and then, in a workshop class structure, they apply those rules and concepts to complete drafting assignments regarding the formation of nonprofit organizations under state law and the application for tax-exempt status for nonprofit organizations under Federal tax laws. The first part of the course (approximately 40%) considers nonprofits from the state law perspective: organization, operation and dissolution of nonprofit corporations, charitable trusts and associations including internal governance rules, fiduciary obligations of officers and directors, rights of members, regulation of charitable solicitation, and enforcement powers of the attorney general. The balance of the semester (approximately 60%) is spent examining in detail the extensive federal tax laws applicable to nonprofits, including requirements for attaining tax-exempt status, the inurement and private benefit concepts, intermediate sanctions, limitations on lobbying and political activities, special rules applicable to foundations versus public charities, the unrelated business income tax, and charitable deductions. At the option of the instructor, the course might also cover nonprofit accounting issues, local property tax and other local tax exemptions, and public/private partnerships. Further, the course will definitely include document drafting assignments. The grade for the class, subject to certain minimum attendance requirements to ensure the combination skills/lecture class format detailed at the 1st class, will be based on document drafting assignments only. So do not sign-up for this class if you anticipate not attending/or late attendance to many sessions. Since this is a skills plus new-law-to-learn-substantive class, there must be some minimum attendance requirements. Also do not sign-up for this class simply to just satisfy the advanced writing requirement (AWR) because the total work involved with the drafting assignments are significantly longer in page-length than that required for the AWR so the drafting assignments are likely to require more time than other classes (like seminars)  that are more designed to satisfy the AWR. However, do sign-up for this class if your have a definite interest in learning about nonprofit organizations AND/OR getting some introductory/fundamental business/transactional drafting experience. It will be well-worth the 4 unit commitment.

Prerequisite: Prior or concurrent enrollment in 215 Business Associations or instructor consent.
Graduation Requirements: May satisfy the Advanced Writing Requirement OR count towards the Professional Skills Requirement, student must choose one.
Class limit: 13 students.

Discussion - 2 hours. This is a course in legal issues raised in operating and governing a nonprofit organization, primarily a public charity. We will focus on the appropriate considerations of State corporate and trust law and Federal tax law, as well as some State tax issues and Federal election law.

Discussion - 3 hours. Elective course for Environmental Law Certificate Program.  This course provides an introduction to the goals and challenges of coastal and ocean policy; the complicated web of public (international, federal, state, and local) and private interests in coastal lands and ocean waters; regulation of coastal development; domestic and international fisheries management; and preservation of ocean resources. The challenges presented by climate change to ocean and coastal environments will be featured in this course, as will recent ocean- and coastal-related disasters such as Hurricane Katrina, Superstorm Sandy and the BP oil spill.  We will examine in some detail the State of California's current ocean and coastal management initiatives, which in many ways exceed those of any other U.S. state, as well as those of the federal government.  The course will feature an interdisciplinary teaching approach, including guest speakers from marine science disciplines along with a field trip for enrolled students to the U.C. Davis Marine Laboratory in Bodega Bay. 

Seminar - 2 hours.  The course maps a rapidly changing area of patent law that directly affects hi-tech industries.  Since 2010, the Supreme Court has pushed back against an established trend of increasingly broad interpretation of patentable subject matter, which had come to include business models and diagnostic methods in addition to genetic and software patenting.  AMP v. Myriad Genetics (2013) determined that isolated genes no longer constitute patentable subject matter, while Alice Corp v. CLS Bank (2014), Mayo v. Prometheus Laboratories (2012), and Bilski v. Kappos (2010) have curtailed, respectively, the patent eligibility of software, medical diagnostic methods, and business models.  This seminar takes an in-depth look at these recent cases, while also tracing the key cases behind genetic patenting (Diamond v. Chackrabarty (1980)), software (Diamond v. Diehr (1981)); business models (State Street Bank v. Signature Financial Group (1998)); diagnostic methods (LabCorp v. Metabolite (1999)), and others.  Students who have not taken a course in Intellectual Property should contact the instructor prior to enrolling in this course.  Class attendance and participation is mandatory. 

Graduation Requirements: May meet Advanced Writing Requirement with the instructor's permission.
Final Assessment: Paper

Discussion - 3 hours. This course covers all essential aspects of patent law: prosecution, patentable subject matter, utility, disclosure and enablement, novelty, statutory bars, nonobviousness, infringement, remedies, reissue and reexamination, inequitable conduct, inventorship and assignment, and patent misuse.  Students will examine legal doctrine as well as the patent system's public policy objectives and theoretical foundations.  While the focus of this course is United States patent law, we will also address international issues as they arise.  This course is designed for both the non-patent specialist as well as the future patent attorney.  No scientific background is required.

Prerequisites: 274 Intellectual Property or instructor consent.

This course introduces you to the basics of Patent Litigation and examines the U.S. patent enforcement system. We will examine the legal and practical considerations faced by patentees in deciding when and where to file a patent infringement lawsuit. You will learn how a patent litigation proceeds, focusing on both pre- and post-trial proceedings. The course examines substantive patent laws, and it also examines how those laws come into play during the course of a patent litigation.

Final Assessment: Exam

Spring 2018: Class taught on accelerated, non-traditional schedule. Please see meeting times below:

  • January 16 (Tuesday) 3:10PM - 5:40PM
  • January 23 (Tuesday) 3:10PM - 5:40PM
  • February 10 (Saturday) 10:00AM - 1:00PM
  • February 27 (Tuesday) 3:10PM - 5:10PM
  • March 27 (Tuesday) 3:10PM - 5:10PM

Seminar - 3 hours. This skill-based course examines the core requirements and strategies for drafting and prosecuting a patent application before the U.S. Patent & Trademark Office (US PTO). We will examine the theory and practice of drafting patent claims and their supporting disclosure, conducting inventor interviews, and performing patentability searches and other preparatory fact investigations. A major objective of the course will be in helping students draft and prosecute a complete patent application in a real-world setting. Students will interact with real inventors and US PTO examiners to gain the experience of getting a patent issued – through interactions with an inventor to develop an idea and draft a patent application, responding to rejections and office actions from the US PTO after filing the patent application, through interactions with a US PTO examiner to interview the office action and getting the application issued. Students are evaluated on participation, in-class and take-home exercises, and projects relating to the drafting and prosecution of a patent application.

Spring 2017: Class taught on accelerated, non-traditional schedule. Please see meeting times below:

  • Five meetings from 5:10-8:10 PM every other Thursday from February 2nd through March 16th.
  • Two additional meetings from 10:00 AM-3:30 PM, Saturday, April 1 and Saturday, April 15 (these longer course sessions will include breaks).

Prerequisites: 274, Intellectual Property or instructor consent.
Graduation Requirements: Counts towards Professional Skills Requirement.

Discussion - 3 hours. Introduction to federal laws regulating pension plans, employer-sponsored health plans, and other employee benefits, including the Employee Retirement Income Security Act (ERISA) and certain tax rules under the Internal Revenue Code.  The course will cover a variety of topics, such as the demise of the traditional pension plan and the shift to 401(k) plans, IRAs and Roth IRAs as primary retirement vehicles, the investment of pension plan assets under the ERISA fiduciary rules, benefit denials, enforcement and litigation, federal preemption, and spousal protections in the pension system.  The course will be beneficial to students interested in employment law, health care law, tax law, the financial services industry (note the significance of pension funds as institutional investors), as well as general corporate law and litigation.

Final Assessment: Exam
Classroom Policies: This course has an attendance policy.

Seminar - 2 hours. This course offers an in-depth examination of the legislative process both within the California Legislature and from the advocates’ perspective. Students will have the opportunity to learn from legislative leaders and social justice advocates who have successfully drafted, proposed, and enacted state statutes and regulations. In their selected subject matter areas students will work directly with legislative staffers, agency attorneys, lobbyists, and non-profit organizations to research and develop legislative strategies, draft and track bills, participate in committee hearings, and attend legislative sessions. They will be trained in key policy advocacy skills. Although most classes will be held at King Hall some limited instruction and observation will take place in Sacramento.

Graduation Requirements: Counts towards Professional Skills Requirement.

Seminar - 2 hours. May satisfy Advanced Writing Requirement with professor's approval. This seminar will explore the theory and practice of law pertaining to the enactment and enforcement of laws regulating or aiding the poor.    The course will examine the history and philosophy underpinning social/legal concepts of "poverty," "welfare" and "entitlement," and will look at some specific examples of significant legislative programs in these areas (e.g., Social Security/Supplemental Security Income; Aid to Families with Dependent Children/Temporary Assistance to Needy Families; Nutrition programs; Medicare/Medicaid; Unemployment Insurance; and the National Housing Act programs).   The course will specifically address administration of public benefits programs for poor and other disadvantaged persons in our society and the use of law to create opportunity for disadvantaged groups.  The focus will be not so much upon the specific content of such programs, but upon issues confronting attorneys who practice in these public interest/poverty law subjects.  The course, therefore, will incorporate various aspects of administrative, constitutional, and poverty law practice. Evaluation is based on class participation and a written project.  Class limit 18 students.

Laboratory/Discussion - 3 hours. This hands-on, experiential course is designed to provide the students the practical skills and familiarity needed to practice law in the area of estate planning and probate/trust administration. Through discussion and drafting of documents, the students will learn the basic laws, practices, resources, and techniques commonly utilized today. The class will follow a typical estate planning client from initial client interview through end of life administration, enabling the students to draft actual estate plan documents including wills, trusts, powers of attorney, and transfer documents required to establish funds, and administer the estate plan during the client’s lifetime and then through post-mortem administration of the estate, including drafting formal probate and non-court administration documents. A series of related topics will be explored, including issues of capacity, elder abuse, end of life decision making, non-probate transfers of wealth, and litigation involving will/trust contests, creditor claims, recovery of assets, and accounting disputes.

Graduation Requirements: Counts towards Professional Skills Requirement.
Prerequisites: Trusts, Wills & Estates recommended.

Seminar - 2 hours.  In addition to oral advocacy, research and writing, and critical thinking, there are a host of other skills that are essential to the success of junior attorneys in their first few years of practice. This course will introduce students to various practical skills, tools, and strategies that will empower them to be “practice ready” and successfully transition from the role of law student to that of a junior attorney.

The course will include a discussion and review of the role of the junior attorney within a law firm/legal department, professional goal-setting, strategies for effective communication and work within teams, delegation and resource management, organization and time management, an introduction to common junior-level assignments and how to complete them efficiently and effectively, building a professional network, and an introduction to business development, among other topics.

Final Assessment: Final Project

Grading Mode:  Satisfactory/Unsatisfactory

Discussion - 2 hours. This course uses role-playing exercises, videotaped simulations, and related projects to introduce students to lawyering skills basic to the practice of law, including client interviewing, witness interviewing and discovery, including depositions.

Graduation Requirements: Counts towards Professional Skills Requirement.
Class limit: 24 students.

Satisfies Professional Skills Requirement. This clinic provides practical experience in providing legal services to real clients who have various problems related to their incarceration in state prison. The services require analysis and application of constitutional law, state statutory law, agency regulations, and the rules of professional responsibility. Students work under the direct supervision of the clinical director and are assigned a portion of the director’s case load. Students are required to follow the law office procedures of the clinic and to employ skills such as interviewing, research, writing, negotiating, and, possibly, the preparation of legal documents to be filed in court.

Discussion - 3 hours. Paper class.  Satisfies Advanced Writing Requirement. With the rise of the Internet and the proliferation of smartphones, drones, and other smart devices, issues of privacy and surveillance have become increasingly important to businesses, governments and private citizens.  Governments rely on surveillance to aid law enforcement, while corporations electronically monitor employees’ productivity and honesty.  But surveillance raises issues of individual autonomy and carries the potential of the abuse of power.  The concept of “sousveillance,” where the citizen holds the camera, leads to yet additional policy concerns – offering a mechanism for rooting out corruption, but perhaps also exposing individuals to societal scrutiny in ways never before possible.  With readings in law, the humanities and social sciences, this course will examine the pressing questions raised by the rise of ubiquitous surveillance.  The course will proceed through presentations from leading thinkers from around the world, who will come to Davis to discuss their work.

Discussion - 2 hours. 3L’s only. A skills course focused on the development of analytical and organizational methods essential to successful completion of the Performance Test [PT] and MBE (multiple choice) components of the California Bar Exam. It will include PT writing assignments such as legal correspondence, different styles of office memoranda, trial briefs, and pleadings and motions. Students will receive individualized feedback on each of their written assignments. The course will also assign and review MBE questions in various substantive law areas, such as Torts and Criminal Law.

PLEASE NOTE: 3L students who would benefit from assistance with bar study skill development are encouraged to enroll in this course
Application required for enrollment.  Enrollment: Limited to 20 students.
Grading Mode: Satisfactory/Unsatisfactory

Discussion - 3 hours.  This course reviews the American Bar Association’s Model Rules of Professional Conduct and the Code of Judicial Conduct, which are tested on the Multistate Professional Responsibility Examination. Also covered are the California Rules of Professional Conduct, which are tested on the California Bar Examination. In addition, this course reviews current issues affecting the legal profession, including lawyers’ ethical duties and responsibilities to clients, the courts, third parties, and the legal system.

Students who take Law 258A Legal Ethics and Corporate Practice are not eligible to enroll in this course.
Graduation Requirements: Satisfies the Professional Responsibility graduation requirement.

Discussion - 4 hours. Study the doctrines and concepts of property law with primary emphasis on real property. Course topics include the estates in land system, the landlord-tenant relationship, conveyancing and private and public land use control.

Lecture - 2 hours. This course will explore public finance issues from a theoretical and practical perspective. Initial readings will be theoretical as we consider what the government should do and why. We will then move on to the various bodies of law that govern public finance practice: local government law, federal securities law and federal tax law.

Graduation Requirements: May meet Advanced Writing Requirement with the instructor's permission.
Final Assessment: Paper and/or Exam

Seminar - 2 hrs. Public health law, seen broadly, is the government's power and responsibility to ensure the conditions for the population's health. The use of this power results in a series of trade-offs between the collective good of public health and the individual's interests in liberty and property. More specifically, public health addresses issues raised by methods such as surveillance, partner notification, health education campaigns, immunization and testing, quarantine, and criminal prosecution. Case studies used in class will be topical, including the international effort to respond to SARS, recent efforts to prevent bioterrorism, and tobacco litigation. Class limit: 15 students.

Students in this program have the opportunity to work with a public interest practitioner in a nonprofit organization or governmental setting. Journals, time sheets and attendance at two group meetings are required. Students also must complete an evaluative final paper of approximately eight pages. The hours completed in this public interest setting may apply toward the practicum requirement for the Public Interest Law Program.

Graduation Requirements: Counts towards Professional Skills Requirement
Grading Mode: Satisfactory/Unsatisfactory

Seminar - 2 hours. Evaluation is based on class participation and a written project that may satisfy the advanced legal writing requirement. This class will examine the issues and problems associated with providing civil legal services to persons and interests in American society that typically have been unable to afford or otherwise obtain representation from the private bar. Students will discuss selected readings on topics such as the definition, history and development of  public interest law; current trends in public interest advocacy; the role and/or obligation of the private bar (and law schools) in contributing to public interest law; special issues faced by public interest attorneys with respect to client relationships and legal ethics; and public interest law strategies. In the second part of the course, we will concentrate on some particular issues in contemporary public interest practice (civil rights, health care access, land use, etc.). Some of these sessions will be led by practicing public interest lawyers.

Discussion - 3 hours. This introductory course covers basic international law concepts and the law-making process.  Topics covered include treaty law and customary international law; the relationships between international law and national law; dispute settlement and international litigation; states, international organizations and other "persons" in international law; jurisdiction; and international regulation of transnational problems.

Graduation Requirements: May meet Advanced Writing Requirement with the instructor's permission.
Final Assessment: Other – Can choose final paper or take-home exam.
Classroom Policies: This course has an attendance policy.

Discussion - 2 hours. "Public land" is a term of art referring to lands owned and managed by the federal government.  This course covers the legal aspects of federal land management, including the history of public land law, the scope of  federal  and state  authority  over the federal  lands, and the allocation of public land resources among competing uses, including extractive consumption, recreation, and preservation.

Elective course for Environmental Law Certificate Program.
Prerequisite: 285 Environmental Law or instructor consent.

 

Seminar - 2 hours. Satisfies Professional Skills Requirement. This course looks at key issues in the historical development and the current state of modern American imprisonment, policing structures, and the criminal justice system in relation to race. It will examine historical and contemporary scholarship, juridical shifts and case studies that provide arguments about the connections between race, poverty, and the criminal justice system in the form of imprisonment and policing. More specifically it will provide perspectives to understand how and why acts of police violence, racial disparities of imprisoned populations, questionable court proceedings, and unjust sentencing routinely take place as well as why they are often sanctioned in the justice system. Course readings and class discussions will examine a variety of both historical and contemporary circumstance and events such as (but not only) early US slave codes, state black codes, Jim Crow, settler colonialism, tribal law, racial profiling, police violence/brutality, jury nullification, gang enhancements and indeterminate sentencing.

Seminar - 2 hours. Satisfies Advanced Writing Requirement. Drawing upon methods taken from critical race theory, critical/cultural studies, and rhetoric this course will consider the relationships between intellectual property rights regimes and processes of racial and national identity formation in the United States. It will examine how cultural studies and rhetoric theorize law, particularly as a regime which constitutes and is constituted by, politics of identity. The majority of the course will focus on representations and rhetorics of race and national identity in legal, popular cultural and political texts. In particular, it will focus on discourses of postracial creatorship and hyperracial piracy and their connections to US national identity construction and international neocolonial endeavors. Over the course of the semester, students will produce their own paper which engages with a topic on race, national identity and law.

Lecture/Discussion - 2 hours. The recent election exposed many campaign finance and initiative issues. This course will focus on reforms as well as the current law.

Graduation Requirements: Satisfies Advanced Writing Requirement.
Class limit: 25 students.

Seminar - 2 hours. Focus on major current issues: policing ethnic neighborhoods; use of deadly force; modernizing the work of prosecutors and defense counsel.

Graduation Requirements: Satisfies Advanced Writing Requirement.
Class limit: 25 students.

Discussion - 3 hours. This course is a survey of the most important modern American civil remedies doctrines in both private and public law contexts. Topics addressed include money damages, equitable remedies including injunctive relief, equitable defenses, the contempt power, and restitution. Attention will also be given to special rules that apply when the defendant is a governmental entity or officer.

Final Assessment: Exam

Seminar - 2 hours. This seminar will provide a broad overview of renewable energy law and policy with a particular focus on the California policy and institutional context. The course will begin with an overview of climate and energy policy at the state and national levels, highlighting the divergence between policies that California is implementing and the current state of national energy policy. The role of renewable energy and its relationship to energy efficiency, fuel economy, cap and trade, and other related policies would be discussed within this broader context. The course will also explore constraints on California’s ability to shape its energy future due to dormant commerce clause, federal preemption, international trade law, and other issues related to California’s renewable portfolio standard and renewable fuel policies. The course will proceed to focus on renewable electricity, including an overview of technologies and a survey of some of the common mechanisms to promote renewable electricity development, the rationale for these policies, and criticisms and concerns that have been raised about them. Then we will turn to the implementation of California’s renewable portfolio standard, including an overview of state agencies responsible for implementing different aspects of this law and a review of legal requirements and areas of contention in RPS implementation, including eligibility, procurement, transmission permitting and interconnection, renewable energy permitting, enforcement. The question of whether and how to plan for renewable energy given California’s existing market and institutional structure would also be addressed.  After covering these different aspects of the renewable portfolio standard, the course would review some of the fundamentals of project development from a developer’s perspective. The course will conclude by addressing renewable transportation fuels, including a review of technologies, an overview of state and national policy in this area, and analysis of how state policy is shaped and constrained by considerations of federal and international law.

Seminar - 2 units. Satisfies Advanced Writing Requirement.  This course examines a wide range of laws and practices that affect health, decision-making, and social experience.   The topics may include abortion, contraception, sterilization, religious restrictions in sectarian hospitals, refusal clauses, assisted reproductive and genetic technology use, sectarian hospital practices, public and private funding restrictions, medical standards, and emerging issues.  Completion of the course requires a research paper.  Class limit:  15 students.

Students may receive credit for individual projects, subject to the following five regulations: (1) the project extends over no more than two semesters; (2) each project is supervised by a faculty member; (3) an outline of the project is approved by the supervising faculty member; (4) normally, no faculty member is permitted to supervise more than five students working on individual programs during any semester; and (5) each student submits an individual paper or approved alternative to the supervising faculty member.

Grading Mode: Satisfactory/Unsatisfactory (Law 499)

*Unless a request for letter grading is made in advance (Law 499A)

Seminar - 2 hours. In this seminar we explore both the theory and practice of restorative justice; an alternative approach to the retributive justice model of our current criminal law system and many other institutions. Because restorative justice approaches crime and conflict as opportunities for social repair requiring community involvement, offender accountability, and victim participation, we analyze its potential to intervene in the school to prison pipeline and to reduce the mass incarceration of people of color. We will discuss the failures of the current criminal justice system, the impact of the media on criminal justice policy, the history and philosophy of restorative justice, the use of restorative justice models in other countries and cultures, and the application of restorative justice principles to both juvenile and adult criminal justice systems, correctional institutions, schools, and workplaces. We will also examine reparations movements in South Africa and the United States.

 Graduation Requirements: May meet the Advanced Writing Requirement with instructor's permission.

Discussion - 3 hours. May satisfy Advanced Writing Requirement with professor's approval. Prerequisite: 219 Evidence. In addition to examining the evidence law governing the admission of scientific testimony, this course considers trial advocacy in presenting and attacking such testimony. The scope of the course is broadly conceived;  the coverage includes not only instrumental scientific techniques but also soft scientific expert techniques including mental health testimony and social science expertise. Each student is required to both make an oral class presentation and prepare a research paper dealing with a particular forensic technique. Class limit: 20 students.

Discussion - 2 hours.  Secured transactions are transactions where a lender takes an interest in the debtor’s property as “collateral,” or security, for repayment of a loan.  This course will cover secured transactions in personal property, such as auto loans and bank loans against business inventory.  Time permitting, the course will give limited coverage to secured transactions in real property such as home mortgages.  Potential subtopics include foreclosure; repossession; replevin; judicial sales; default; acceleration; reinstatement and cure; modification of debt in bankruptcy; the attachment, perfection, and priority of security interests; filing systems; bankruptcy avoiding powers; cross-collateralization; marshaling; and statutory liens.

Lecture - 3 hours. This course examines the civil and criminal enforcement of the securities laws by both the Securities and Exchange Commission and Justice Department. The course surveys the administrative rules and investigative procedures that govern the SEC and the substantive related crimes.

Discussion - 2 hours. This course focuses on the Securities Act of 1933.  Topics covered include domestic and international public offerings, registration statements, exemptions from registration, secondary and offerings.  Particular attention is devoted to problems of small issuers of securities.

Prerequisite: 215 Business Associations or instructor consent.
Classroom Policies: This course has an attendance policy.

Discussion - 2 hours. Principal focus is the Securities Exchange Act of 1934 and the regulation of securities markets. Topics covered include regulation of securities markets and securities professionals, responsibilities of securities lawyers, continuous reporting, transnational securities fraud, and enforcement of the securities acts.

Prerequisite: 215 Business Associations or instructor consent. 236A Securities Regulation I recommended.
Classroom Policies: This course has an attendance policy.

Discussion - 3 hours. Prerequisite: Law 215 Business Associations. Regulation of the distribution of securities under the Securities Act of 1933 and SEC Rules adopted thereunder, registration and reporting provisions of the 1934 Securities Exchange Act. Coverage includes detailed examination of the registration process, definitional problems, exemptions from registration, resale of restricted securities, civil liability, indemnification and contribution.

Seminar - 1 hour. Most law students graduate with no idea how to practice on their own. But with the legal employment market tight, many may want or need to. This course will help prepare them.

Grading Mode: Satisfactory/Unsatisfactory

Seminar - 2 hours. This seminar will explore the criminal law of sexual assault, including traditional and modern offenses, and proposals for reform.  It will also explore procedural developments, such as victim’s counsel, evidentiary reform, and ADR programs.  It will also examine various contexts in which sexual assault has implications for civil law, including tort liability of landowners, the implications of Title VI and Title IX for universities, and civil liability of perpetrators.  Students will write papers during the course, and present them in the meetings at the end of the semester.

Discussion - 3 hours. This course will examine the legal and social regulation of sexual orientation and gender identity.  The course will analyze various legal principles, including statutory, constitutional, and public policy doctrines, which might be used to limit the ability of government and other institutions to disadvantage people because of their sexual orientation or gender identity. We will look at how courts have used these doctrines to help - or to harm - lesbian, gay, bisexual, and transgender individuals in critical aspects of their lives including employment, schools, family relationships, and parenting.

Graduation Requirements: May meet Advanced Writing Requirement with the instructor's permission.

Seminar - 2 hours. What are the expectations and roles of the police in a democratic society? We need order maintenance and crime control, but to assume these tasks the police sometimes intrude upon interests considered fundamental to free societies.  This seminar examines this basic tension through the discussion of various topics such as undercover policing, the use of new technologies, and private policing, as well through an examination of police organization and culture.  Satisfactory completion of the seminar can be met with engaged class discussion and weekly response papers.  Class limit: 12 students.

Seminar - 2 hours. This course will provide an introduction to the law of special education including the Individuals with Disabilities in Education Act (IDEA), Section 504 of the Rehabilitation Act, and federal regulations governing special education law. Emphasis will be placed upon understanding the scope and breadth of special education services under IDEA; eligibility; administrative remedies; legal definitions of disability and their relationship to medical diagnoses; and school discipline. Current issues in special education law and policy including recent Supreme Court cases concerning the legal definition of a “free and appropriate public education” and policy debates surrounding inclusive education and the school to prison pipeline will be discussed.

Final Assessment: Take-home exam

Seminar - 2 hours. The history of Athenian democracy is entwined with our own – often as the negative example that our founders wished to avoid in designing our political institutions.  This critical view of Athenian democracy, and particularly its lawlessness, largely derived from the critical views of contemporary elite authors, such as Plato.  More recent analysis of Athenian democracy has demonstrated that in fact the democracy was a success across many dimensions and that it was particularly lawful rather than lawless.  This observation raises a number of important questions that we will address in this class.   The Athenian legal system was very different from our own and in particular was far less formal.  How did it work and why did it work?  More profoundly, why have political and legal theorists misunderstood Athens for so long and what can we learn from that failure?

 Discussion - 4 hours. This course introduces students to the various legal and business considerations involved in forming and operating an emerging growth business. The course uses a hypothetical start-up business as well as supplemental readings, sample agreements and class discussions to help students identify and deal effectively with the numerous issues presented to legal counsel in the start up and operation of a growth oriented business, including selecting and forming a business entity, structuring the economic benefits and management control among various owners, protecting intellectual property assets and raising capital. Class Limit: 15 students.

Please note: students who have already taken Business Planning and Drafting are not eligible to take this course.

Prerequisites: 215 Business Associations must be completed before enrollment.
Graduation Requirements: Counts towards Professional Skills Requirement.
Final Assessment: None
Classroom Policies:
  • This course has an attendance policy.
  • This course has a no-laptop policy.

Discussion - 3 hours There are roughly 80,000 local government entities in the United States which provide essential services and spend billions of dollars. This course takes a broad approach to state and local government law, both practically and theoretically. Topics to be covered include: federalism, relations between states and localities, governmental liability, zoning, educational equity, and public finance. Readings will be drawn not only from case law and statues, but from history, theory and public policy.

Discussion - 3 units. This course introduces the students to the fundamentals of state and local taxation. Beginning with historical and constitutional aspects, students will analyze recent developments in state and local taxation and their impact on client representation. Attention will be concentrated on corporate, sales and use and other business taxes, death duties, and property taxes and exemptions. The impact on society of current and proposed state and local taxes will be explored through the study of assigned readings and in-depth class discussions.  We will be covering the following concepts in class: Taxable incidents, privilege tax, discrimination, and multiple taxation under the Commerce Clause of the United States Constitution; current tax developments under the Import-Export clause of the United States Constitution; taxation based on class legislation and the Equal Protection Clause; nexus or jurisdictional due process; allocation and apportionment formulas; business versus non-business income; multi-state tax compact; unitary concept; residence definitions; nonresident income sources; tax credits and short-period returns for individual income taxpayers; sales of tangible personal property; retail and wholesale sales; taxable and nontaxable leases; contractors rule, exemptions, and resale certificates under sales and use tax statutes; valuation techniques for real and personal property; and administrative and judicial appeal of property tax valuations and assessments.

Final Assessment: Take-home exam

Discussion - 3 units. Elective course for Environmental Law Certificate Program. This course provides an introduction to the theory and practice of statutory interpretation.  It covers the principal schools of thought regarding textualism, purposivism, and pragmatism in statutory interpretation; the debates over the proper use of legislative history; the textual and substantive canons of interpretations (including norms of deference to non-judicial actors such as administrative agencies); and the force of stare decisis  in the interpretation of statutes.  The instructor plans to use many examples from the field of risk regulation (including environmental and health/safety risks), but the questions the course examines are relevant to most areas of contemporary legal practice.

Discussion - 2 hours.  This course will explore the basic requirements of suing government, including sovereign immunity, particular schemes for litigating against government (such as the Federal Tort Claims Act, APA, False Claims Act, etc.), direct constitutional claims (Bivens, § 1983, etc.).  The course will also explore the procedural pitfalls and remedies available against government.

Seminar - 3 hours. In this course, students will take on the role of Justices of, and advocates before, the Supreme Court of the United States.

The 16 students in the course will be divided up into two panels of 8 Associate Justices (with the instructor to serve as the Chief for both panels). The course will begin with a short unit on the certiorari process, the crucial procedure through which the Supreme Court decides the cases it will hear. Each panel will review the materials for a case pending before the Court at the certiorari stage and debate whether to grant review.

The course will then transition to our primary undertaking: a series of between four and eight oral arguments involving actual cases before the Supreme Court during OT2017. The cases will involve a mix of statutory and constitutional issues, as well as criminal and civil issues. Between two and four students will argue each case to the panel of Justices on which they do not sit. Arguments will be based on the briefs that have already been filed in the Court as well at least one class session previewing and preparing students for the substance of each case. After argument, the panels of Justices will meet to vote on argued cases, with the instructor assigning majority and dissenting opinions for each case. The written opinions will represent the final work product for the class, and constitute the primary portion of each student’s grade.

Graduation Requirements: May meet Advanced Writing Requirement with the instructor's permission.
Final Assessment: Paper

Seminar - 3 hours. May satisfy the Advanced Writing Requirement.  With new technologies, governments across the world have dramatically increased their power to surveil their populations, as well as people across the world. Once associated with totalitarianism, mass surveillance has become increasingly routine across the world. This course examines the tensions between democracy and the rise of government power entailed by the growth of state surveillance. Is it possible to protect national security while supporting civil liberties? The course will examine United States surveillance law and practice, as well as surveillance law and practice across the world. We will also consider international legal constraints on government surveillance. Leading scholars and practitioners from the United States and abroad will lecture as well as participate in the seminar sessions.

Discussion - 3 hours. This is an advanced tax course designed to introduce students to issues of tax policy, with particular emphasis on tax distribution (i.e., who or what should pay taxes in society) and tax incidence (i.e., who or what ends up paying taxes in society). The course will begin by examining official measurements of income and wealth distribution, as well as how those measurements comport with the philosophical foundations of various conceptions of justice in taxation, including libertarianism, utilitarianism, and liberal egalitarianism. We will then examine how alternative tax regimes advance or detract from the principal normative objectives of these various schools of thought. We will also examine several controversial issues of federal tax reform, including debates over the progressivity of the income tax, whether/how the government should tax estates/inheritance, whether/how the government should tax wealth, the tax treatment of low-income individuals, how the tax system affects different kinds of families (single-earner, dual-earner, married, single, opposite-sex, same-sex), and proposals for fundamental tax reform such as the adoption of a consumption tax (e.g., flat tax, VAT, retail sales tax). In each of these settings, students will examine how alternative conceptions of distributive justice translate into concrete proposals regarding how the cost of financing public goods should be allocated among members of society.

The class contains a writing requirement that students can satisfy in two ways: (i) prepare five short papers (4-6 pages) on issues covered in class; or (ii) prepare a long research paper (25-30 pages) on a topic that may or may not have been covered in class. Students choosing the second alternative can, if desired, qualify the paper for the law school's upper-level writing requirement.

Prerequisite: 220 Federal Taxation.
Graduation Requirements: May meet Advanced Writing Requirement with the instructor's permission.

Discussion - 3 hours. A great number of businesses utilize the partnership structure, including closely-held operating businesses, most investment entities, including private equity, venture capital, real estate and hedge funds, and publicly-traded master limited partnerships.  This course constitutes a study of the federal income tax treatment of partnerships and partners (including entities classified as partnerships). The issues to be addressed include the treatment of contributions to and distributions from partnerships, the manner in which income and loss items can be allocated among the partners, the treatment of transfers of partnership interests, the taxation of carried interests, terminations, sharing of liabilities and special basis adjustments.

Prerequisite: 220 Federal Income Taxation.

Discussion - 2 hours. Recommended: 221 Trusts, Wills, and Decedents' Estates. Fundamentals of federal transfer taxation, including the estate tax, the gift tax, and the generation-skipping transfer tax.

Please note: students who have already taken Estate and Gift Taxation are not eligible to take this course.

Prerequisite: 220 Federal Income Taxation.

Seminar - 2 hours. In this seminar we will explore a number of basic questions: What is terrorism? How can this type of violence be effectively punished and prevented? What is the role of the United Nations and of other inter-governmental organizations in this process? What is the role of international law? What are the roles of individual states? What limitations does international law place on the means that may be used to respond to such violence? How does terrorism itself impact human rights? While we may not be able to definitively answer all of these questions, we will examine them together through the readings and class discussions. The course was originally developed as an academic response to the atrocities of September 11, 2001. Obviously, international terrorism remains a pressing concern. Devising effective strategies for responding to it within the bounds of the law is critical. Therefore, the new generation of international lawyers needs to be familiar with the relevant law and standards. Moreover, this affords students with general interest the opportunity to engage with one of the key public policy challenges of our time, an opportunity useful to all in this day and age.

Discussion - 5 hours. Familiarizes students with legal rules, concepts and approaches pertinent to the recovery for personal injuries, property damages and harm done to intangible interests. The course covers claims for assault, battery, false imprisonment and other intentional torts, as well as negligence and strict liability.

Discussion - 2 hours. We will take an intensive look at important issues in Trademark Law, including the nature of trademarks, the acquisition and loss of trademark rights,  trademark registration, trademark infringement, federal aspects of unfair competition law,  defenses to infringement, and expressive uses of trademarks.

Prerequisite: 274 Intellectual Property is recommended.

Seminar - 2 hours. May satisfy Advanced Writing Requirement with Professor's approval.  The Asia-Pacific is dynamic with respect to transitional justice (legal and quasi-legal responses to wrongdoings of repressive predecessor regimes).  Some stalemated transitional justice issues have progressed towards long-awaited collective redress, e.g. Chinese and Korean wartime forced labor under Japanese colonial rule.  Within Thailand and Indonesia, political turmoil and violence have given rise to a “new constitutionalism,” i.e. efforts to strengthen checks and balances through new institutions such as constitutional courts.

As we shall see, transitional justice can aid in resolving the “memory politics” that continue to plague the international relations and domestic societies of many Asia-Pacific states.  It also can be distorted to serve political interests as incumbent administrations target those out of power.

During our course, we will evaluate the structure and activities of novel institutions founded for transitional justice. We shall assess instances of progressive leadership by the judiciary as well as by civil society actors where governments have languished. Lastly, we will examine how “transitional justice” has been invoked for political machinations. Comparisons to the U.S. legal framework and its norms also will be featured.

Discussion - 2 hours. Evening laboratory - 2 hours. An introduction to the preparation and trial of cases, featuring lectures, videotapes, demonstrations, assigned readings, and forensic drills. The emphasis throughout the course is on the formulation and implementation of a trial strategy. The laboratory session is held on Tuesday, Wednesday, or Thursday evening. Attempts are made to assign each student to a laboratory on the evening most convenient for him or her.

Prerequisite: Prior or concurrent enrollment in 219 Evidence.
Graduation Requirements: Counts towards Professional Skills Requirement.
Grading Mode:  Satisfactory/Unsatisfactory

Members of the Trial Practice Honors Board administer the Frances Carr Intraschool Trial Advocacy Competition. Members are nominated by their individual Trial Practice I adjuncts. Students receive one credit for service on the board. Credit is awarded upon approval of faculty advisor.

Grading Mode: Satisfactory/Unsatisfactory

Seminar - 2 hours. Tribal Justice will examine the administration of justice within California tribal governments and courts and the efforts of lawyers and other advocates to achieve justice for tribes through litigation, policy advocacy, public education, organizing, and inter-governmental collaboration. The course will use the case study approach to illuminate the varied strategies and campaigns that tribes have employed to retain sovereignty, overcome colonization, and advance justice. Students will learn about the creation and operation of tribal governments and courts and analyze issues of jurisdiction and inter-governmental relations. Tribal efforts to acquire ancestral land, combat destruction of cultural practices, protect the environment, insure tribal family cohesion, and protect tribal members will be explored.

Graduation Requirements: May meet Advanced Writing Requirement with the instructor's permission.
Final Assessment: Paper

Discussion - 3 hours. A study of the law of decedent’s estates, wills, and trusts. Course coverage includes intestate succession; family protection and limits on the power of testation; execution, revocation, and revival of wills; will substitutes; inter-vivos and testamentary private trusts. Topics may also include a number of other related topics like contracts to make wills; class gifts; powers of appointment; and an introduction to the administration of estates and trusts, including powers, duties, rights, and liabilities of fiduciaries, and the management of assets.

Lecture/Discussion - 3 hours. Course is only offered to LL.M. students. This course is designed to provide foreign and other students with background skills necessary to succeed in both law school and legal practice. In addition to gaining a working knowledge of how the litigation system works, students will learn how to effectively brief cases, write memoranda, understand legal terminology, produce legal essays and exams, and speak in a legal context. Students will be placed in the course by Associate Dean Beth Greenwood.

Lecture/Discussion - 3 hours. Course is only offered to LL.M. students. This course is designed to provide foreign and other students with background skills necessary to succeed in both law school and legal practice. In addition to gaining a working knowledge of how the litigation system works, students will learn how to effectively brief cases, write memoranda, understand legal terminology, produce legal essays and exams, and speak in a legal context.

Discussion - 3 hours. This course will give students the opportunity to work in support of the mandate of the United Nations Special Rapporteur in the field of cultural rights. Students will engage in intensive research and writing in the field of cultural rights. They will learn the workings of the United Nations human rights system, and gain experience working with UN documents, with individual cases in the field and with thematic reports.  They will gain expertise in the field of cultural rights, including artistic and scientific freedom, and the right to education.  They will draft numerous memoranda related to these issues and mechanisms.  Basically, they will have the opportunity to work as junior human rights lawyers under the close supervision of a UN human rights expert.  The work for the course will be comprised of ongoing research and writing and there will be no exam.  The hours will be determined by professor and students based on the needs of the UN mandate.  The workload will be significant and participation in the course requires working to the highest standard and serious commitment to human rights work.  Enrollment subject to instructor approval .  Prior international law coursework required.

Seminar - 2-3 hours. This course will give students the opportunity to work in support of the mandate of the United Nations Special Rapporteur in the field of cultural rights, and to do so on an ongoing basis which would allow them to maximize their learning and contribution to the mandate. Students will engage in intensive research and writing in the field of cultural rights. They build on the knowledge of the workings of the United Nations human rights system which they have gained in Practicum I, and gain further advanced experience working with UN documents, with individual cases in the field and with thematic reports. They will gain expertise in the field of cultural rights, including artistic and scientific freedom, and the right to education. In 2017, the focus will be on the impact of fundamentalisms on cultural rights. Subject to funding, there may the possibility for one or more students to accompany the Special Rapporteur to Geneva to attend the UN Human Rights Council session. Students will draft numerous memoranda related to these issues and mechanisms. Basically, they will have the opportunity to work as junior human rights lawyers under the close supervision of a UN human rights expert, and in Practicum II to do so at an advanced level. The work for the course will be comprised of ongoing research and writing and there will be no exam. The hours will be determined by professor and students based on the needs of the UN mandate. The workload will be significant and participation in the course requires working to the highest standard and serious commitment to human rights work. Enrollment subject to instructor approval. Prior international law coursework required, and enrollment in Practicum I preferred (this preference may be waived at the discretion of the professor). The course will have limited enrollment between 7-10 students, to be determined by the instructor.

The course will examine the fundamental principles of Indian Competition Law and US Antitrust Law in a comparative perspective.  The course will examine how the Indian and the US legal systems deal with antitrust (competition) law issues, such as the monopolization/abuse of a dominant position, hard-core cartels and horizontal cooperation, vertical restraints, mergers, and the interplay between competition law and intellectual property rights.  In addition, it will set the Indian law within the broader context of Indian political and economic development.  The course will include a discussion of the unique context in which competition law is enforced in India and a critical evaluation of the cause and effect of divergence between Indian and international competition law norms.  The main objective of the course is to use the lens of the institutional arrangements and fundamental goals of US Antitrust law to critique the bureaucratic management of competition law regime in India, the world's fastest growing economy.  Given the increasing importance of trade and foreign investment between USA and India, the course will help American students, interested in future corporate law careers, to develop effective strategies for better managing cross border deals in India.

Discussion - 1 hour.   The last few years have seen a vocal public debate over the value and utility of a legal education.  Increasing tuition and a lagging legal employment market led to a decline in law school applications.  Despite improvements in the economy, some observers continue to question whether law school is a viable option for college graduates.  See, e.g., Steven J. Harper, Too Many Law Students, Too Few Legal Jobs, N.Y. Times, Aug. 25, 2015.  The class will consider the controversy and, at the same time, will expose students to the opportunity to learn about the variety of careers in the legal profession.  As well as lectures and discussion, guest speakers, including lawyers, judges, and scholars, will discuss their careers in the law.  Attorneys who will be invited to speak will be from law firms, public interest law organizations, federal, state, and local government, the judiciary, and other related areas. 

Final Assessment: Paper
Classroom Policies: This course has an attendance policy.
Grading Mode: Satisfactory/Unsatisfactory 

Seminar - 2 hours. This seminar investigates the right to vote as a matter of constitutional and statutory law, with particular emphasis on the voting rights of racial and ethnic minorities.  Along the way we will learn about the formulation of arguments during periods of legal change, and about how social scientific evidence gets used in civil rights litigation.   This is a challenging and exiting area of law.  As you probably have heard, the U.S. Supreme Court recently enjoined enforcement of the capstone provision of the Voting Rights Act of 1965.  Meanwhile, Democrats and Republicans in the nation’s statehouses have been enacting numerous reforms to the voting process, with Democrats generally pushing same-day registration, early voting, and other measures designed to make voting more convenient, and Republicans promoting identification requirements for voting and registration.  Some of these laws have or are expected to have disparate partisan and racial impacts.

Graduation Requirements: May meet Advanced Writing Requirement with the instructor's permission.

The UCDC Law Program is a uniquely collaborative semester-long externship program in Washington, D.C., combining a weekly seminar with a full-time field placement to offer law students an unparalleled opportunity to learn how federal statutes, regulations, and policies are made, changed, and understood in the nation's capital.  During a semester's total immersion in a structured environment that integrates the theory and practice of Washington lawyering, students will have contact with all three branches of the federal government, independent regulatory agencies, advocacy nonprofits, and the media. The Program currently includes law students from U.C. Berkeley and UCLA.  Students from UC Davis (King Hall) will join the program in Spring 2010, with students from UC Irvine joining in Spring 2011.

The program is housed at the University of California Washington Center, a UC facility centrally located just minutes from the White House and most government departments and agencies.

Students will receive 13 units for successful completion of the Program: 10 units (Credit/No Credit) for the full-time field placement and 3 units (graded) for the required companion seminar,  Law 475A "Law-Making and Law-Changing in the Nation's Capital."  The Program is open to 2L and 3L students.

Graduation Requirements: Counts towards Professional Skills Requirement.
Grading Mode: Satisfactory/Unsatisfactory

Discussion - 3 hours. Property rights in surface waters, including riparian rights, prior appropriation, and public rights; federal, state and local allocation and regulation; environmental constraints; groundwater rights and management; state and federal projects; interstate allocation; federal reserved rights; water supplies and land use planning; water transfers; contemporary challenges.

Elective course for Environmental Law Certificate Program.

Seminar - 2 hours. This seminar will draw heavily on critical race theory scholarship to consider the social, cultural, economic, and legal situation of low-income and/or low-education whites in contemporary U.S. society.  A principal aim will be to probe what is at the paradoxical intersection of white-skin privilege with socioeconomic disadvantage.  Legal issues discussed will include labor and employment, discrimination, affirmative action in education, the opioid epidemic, health care, disability, and public benefits.  We will also consider the voting patterns and electoral power of the white working class and poor whites, with particular attention to the 2016 Election. 

 Critical whiteness studies is a robust thread within critical race theory scholarship, and the seminar will feature a wide array of readings from that subfield, exploring among other concepts “white privilege,” the psychological “wages” of whiteness, “whiteness as property,” “white trash,” and the race vs. class debate.  Issues of geography, e.g., rurality, will also be addressed.  The course will also draw on depictions of whiteness—and low-income whites in particular—in film and literature to probe complex questions of power and belonging. 

 Students will have the option of writing a paper that satisfies the Advanced Writing Requirement or writing a series of short papers.  Class attendance and class participation will be a component of the course grade, and students may be required to lead or co-lead the class discussion on occasion. 

Please note: students who have already taken the Law and Rural Livelihoods Seminar are not eligible to take this course.
Graduation Requirements: May meet Advanced Writing Requirement with the instructor's permission.
Classroom Policies: This course has a no-laptop policy.

Seminar - 2 hours. The wine industry is the subject of intense activity in many legal subject areas, including constitutional law, intellectual property, environmental and land use regulation, trade protectionism, and internet commerce. This seminar surveys the legal landscape of this multibillion dollar industry, focusing on contemporary debates and developments in judicial, legislative, and administrative arenas. Course materials will consist of a blend of judicial opinions, governmental materials, and secondary sources. The instructor specializes in litigation concerning the California wine industry, and the course will feature several guest speakers addressing the economic, political, and legal aspects of the subject in its state, national, and international dimensions. A paper will be required of all students on some topic of their choosing concerning the course subject matter.

Seminar - 2 hours. Satisfies Advanced Writing Requirement. This seminar will provide an overview of the international legal and institutional system for the protection of women’s human rights.  We will look at the material both from an academic perspective and from the point of view of the practitioner.  Particular areas of focus will include the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), violence against women, sexual and reproductive rights, women’s economic rights, and the work of women’s human rights defenders, as well as the impact of religious fundamentalisms and of terrorism and counter-terrorism on women. 

Seminar - 2 hours.  The Writing Requirement Workshop is open to 2L and 3L students who have written a course paper or an independent study paper and would like to take it to the next level, producing a work of publishable quality. Students will present and edit their own work over the semester, and also present and edit other people’s work. The group format provides a supportive and rigorous environment with plenty of feedback. All students will also meet individually with the instructor for feedback several times over the semester. This workshop is recommended for students who are or plan to be law journal editors, students interested in an academic career, students who want the opportunity to hone their research and writing skills, and students wishing to complete their writing requirement in a supportive group environment.

Graduation Requirements: Satisfies Advanced Writing Requirement
Grading Mode: Satisfactory/Unsatisfactory

Seminar - 2 hours. A prior class in Evidence is recommended but not required. This course will explore the magnitude and complexity of the wrongful convictions, their causes and remedies under existing law, and possible fixes (reforms). It will emphasize relevant legal rules (Criminal Procedure, Evidence, Post-Conviction Review). Each class session will cover through lecture and discussion approximately one chapter from the textbook, “Wrongful Convictions: Cases and Materials,” Vanderplas Publishing, by Justin Brooks, Professor of Law/Director of California Innocence Project, California Western School of Law:

  1. Notorious Cases of Wrongful Conviction
  2. Proving Innocence with “The Great Writ”
  3. Ineffective Assistance of Counsel
  4. Police and Prosecutorial Misconduct
  5. Eyewitness Testimony
  6. False Confessions
  7. Evidentiary Standards and Science
  8. Post-Conviction Law Related to the Use of DNA Evidence
  9. Innocence and Parole
  10. Clemency
  11. Post Release and Compensation