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.
Advanced Writing Requirement
: Does meet Advanced Writing Requirement
: May meet Advanced Writing Requirement
: Professional Skills Course
: Environmental Law Certificate
: Intellectual Property
: Public Service Certificate
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.
Prerequisite: Completion of or concurrent enrollment in 219 Evidence and 227A Criminal Procedure. Recommended course: 263A Trial Practice I. 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.
Discussion -3 hours. Core course for Environmental Law Certificate Program. 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.
Seminar - 2 hours. Satisfies Advanced Writing Requirement. Prerequisite: Prior or concurrent enrollment in 218 or 218A Constitutional Law II. Seminar explores in-depth selected topics or problems in constitutional law and theory. The current focus will include diverse topics including abortion rights, the development of Second Amendment jurisprudence, and other subject areas. Students will be expected to write a 20-25 page paper under the supervision of the professor. Class limit: 12-14 students.
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.
Discussion - 3 hours. Satisfies Professional Skills Requirement. Prerequisite Law 219 Evidence: Public interest lawyers often spend much of their time in the courtroom. Yet, prosecution, defender, and legal aid offices usually do not have the resources to train their lawyers in trial work. This course seeks to help remedy this deficiency by helping students who plan to do public interest work develop witness interrogation skills. Students will apply their theoretical grasp of evidence to concrete trial problems involving the direct and cross examination of lay and expert witnesses, the introduction of documentary evidence, and the use of illustrative evidence in California and federal courts. The goal is to train students in the art of examining friendly and hostile witnesses and in the use of documentary and illustrative evidence.
The course will be limited to 6 students who will be selected by the professor. Students interested in the course must complete an application form . Credit is contingent on attending all classes and participating in all exercises. Participation is crucial to the success of the course, as students will be working in teams of three. Do not take this course unless you are willing and able to participate fully and can accept criticism.Graded Satisfactory/Unsatisfactory.
Discussion -- 2 hours. Prerequisite: A basic course in international law, or the instructors permission, will be required to enroll in this course. Review of books of international law like Hugo Grotius and Judge Rosalyn Higgins, covering themes including peaceful resolutions of dispute, law of war and peace, and international legal process. We will also study some of the major modern critiques of international law, including post-colonial, critical and feminist analyses. Students will leave this class with a thorough grounding in the past, present and future of public international law. A basic course in international law, or the instructor's permission, will be required to enroll in this course. the course will allow students focusing in international law to study at the most advanced level, become familiar with the leading thinkers in the field, and the highest level problems confronting the field today.
Seminar - 2 hours. 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.
Seminar - 2 hours. May satisfy Advanced Writing Requirement with Professor's approval. Prerequisite: 292 Immigration Law and Procedure. This course conducts a closer examination of various topics and subject matters that relate to immigration and citizenship law. Topics will vary each semester but may include: the different ways of acquiring and losing citizenship, the differences in rights and privileges of citizens and non-citizens, proposed constitutional amendments to birthright citizenship, and the meaning of formal and substantive citizenship in places regarded “outside” of the borders of the U.S. Other topics that may be explored include: the enforcement of immigration law by states and local governments, the DREAM Act, federal programs and policies such as 287(g) and Secure Communities Act, the intersection of criminal law and immigration law, and the enforcement of immigration law at the border.
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 is on a satisfactory/unsatisfactory basis 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. Class limit: 25 students.
Discussion - 2 units. Selected Enrollment By Permission of Professor – 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 significant assistance with exam writing and bar study skill development are highly encouraged to select this course. Enrollment is by selection of the professor. Graded Satisfactory/Unsatisfactory. Applications are available online. Link to form on the web: Analytical and Persuasive Writing.
Seminar - 2 hours. May satisfy Advanced Writing Requirement with Professor's approval. Elective course for Environmental Law Certificate Program. An introduction to legal principles affecting animals and their use. Topics will include the legal status of animals as property; liability for injury done by animals; liability for injury done to animals; current and proposed bases for awarding damages to animal owners; veterinary malpractice; legal standing to enforce animal protection statutes and to bring civil actions in behalf of animals; the concept of animal rights; the relevance of philosophical debates about animals to current legal issues; anti-cruelty and animal protection laws; regulation of the use of animals in experimentation, testing, and education; rights of students relating to use of animals in courses and educational exercises; rights of animal users (e.g., scientists, biomedical companies, hunters, breeders, and farmers) and of those objecting to such uses; patenting of animal life and legal issues relating to animal biotechnology; landlord-tenant issues relating to pets; treatment of pets in divorce actions; and animals in wills and trusts. Animal law is developing rapidly. Because the nature of these developments will be shaped largely by ethical and public policy arguments, the course will consider the variety of these arguments and their underlying rationales. There will be a paper on a topic chosen by the student and approved by the instructor.
Discussion - 4 hours.This course offers an overview of federal constitutional and statutory antidiscrimination law in the United States. Focusing primarily on race and gender, but also discussing sexual orientation, disability, alienage, and religion, the course will compare the groups that are protected under the Constitution as opposed to federal statutory law; Constitutional versus statutory treatment of intent, disparate impact, mixed motives, and affirmative action; and the varying accommodations the Constitution and federal laws require for disabilities and religious beliefs and practices. Though the course most closely examines the Equal Protection Clause and Title VII of the Civil Rights Act, it will also touch on statutory protections against discrimination in housing, education, and public accommodations.We will consider the theories of discrimination and equality that support (or, in some cases, undermine) legislative efforts and court opinions in this area.
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. This clinic is an outgrowth of the work of the Aoki Center on Race and Nation. 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.
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.
Prerequisite: Law 410A, Appellate Advocacy I. May satisfy Advanced Writing Requirement with professor's approval. 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. Class limit: 40 students.
Discussion -- 2 hrs. We look at selected issues in Art Law, including the meaning of art, artists’ rights under copyright, moral rights and the right of publicity, first amendment rights and censorship, government regulation of art, art markets, including galleries, auctions and museums, the international protection of art and cultural property, and native American and indigenous peoples art.
Seminar - 2 hours. May satisfy Advanced Writing Requirement with professor's approval. Although this course focuses on the Asian Pacific American experience, it is not meant for Asian Pacific Americans alone. It may be profitably taken by anyone who is interested in race relations. Legal, social, and political discourse on race relations has traditionally been framed in Black-White terms. This course disrupts the traditional view by taking Asian Pacific Americans seriously. Since the 19th century, American law has shaped the demographics, experiences, and possibilities of Asian Pacific Americans. This profound impact will be examined through state and federal statutes, judicial opinions, legal commentary, social science, and historical readings on topics such as immigration and naturalization, de jure discrimination, and the World War II internment of Japanese Americans. This course will also explore how Asian Pacific Americans have helped shape American law, through constitutional litigation and recent scholarship. Finally, this course will canvas current issues such as racial violence, media stereotypes, affirmative action, and post 9-11 civil liberties issues in pursuit of the question of whether and how this history of discrimination makes any difference today. Students should be prepared for daily participation in class discussion. No exam; grades will be based on class participation and a final research paper.
Discussion - 2 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. Satisfies Advanced Writing Requirement. This course examines the ethical and legal issues that arise from biomedical research and use of medical technologies. The curriculum may include issues arising from end-of-life care, assisted reproductive technologies, genetic and regenerative medicine research, organ transplantation, and human subject research. Completion of the course requires a research paper. Class limit: 18 students.
Seminar -- 2 hours. Satisfies Advanced Writing Requirement. The age of branding marks a fundamental shift in the law and business practice of trademarks. Where trademarks have long protected marks that signal the source of a good or service to consumers, increasingly today customers value logos such as the Nike Swoosh in and of themselves. In the new “experience economy” corporations sell identity and community, authenticity and auras, not products. Starbuck is more than just coffee; it is an experience, a place to connect with others. Furthermore, branding is ubiquitous. Every charity, organization, and university seeks to brand itself, that is, to cultivate and trade off its distinct identity. This seminar explores the challenges brands pose to traditional trademark law. Traditional trademark protects consumers against fraud and confusion. Brand creation, management, and licensing involves distinct concerns, less focused on consumer confusion and more akin to copyright law’s concerns for story-telling and expressive control. This seminar takes a close, interdisciplinary look at branding: from the business schools’ theories of brand management to semiotic analyses of brand meaning to art criticism of brand advertisements. The course is designed to prepare students to understand modern branding strategies and the challenges such strategies may pose to traditional trademark law and policy. Students will do extensive reading of legal cases and scholarly analyses. Each student will write a 25-page research paper on a topic of their own choosing related to brands and trademark law.
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.
The Business Law Journal is run by dedicated law students who are committed to providing current and valuable legal and business analysis. The Journal addresses a broad spectrum of issues that fall within the intersection of business and the law. The editor-in-chief of the Journal receives two credits for each semester of service. Managing editors receive 1 unit of credit.
Discussion plus Document Drafting Skills - 3 hours. Prerequisites: 215 Business Associations (this prerequisite will not be waived, so do not register for the course unless you have completed Business Associations). This course introduces students to a number of legal and business considerations relevant to forming and operating an emerging growth business (such as a technology startup), including: the choice of business form and organizational structure; enterprise governance, including the pivotal issue of how entrepreneurs retain, surrender, or lose control of “their” ventures; capital raising, capital structure and different types of equity and debt securities; intellectual property issues; executive and employee compensation; and exits. The goal of the course is to develop an understanding of the regulatory landscape and the interaction of legal and business needs of entrepreneurial clients together with counseling and drafting skills. Using a simulated deal format, students will review and analyze agreements and other legal documents typically used in organizing and financing a start-up business. The course seeks to integrate theory and practice in order to prepare students for the types of projects and challenges they will confront as lawyers in the first years of a transactional practice. A substantial component of the student's grade will consist of class participation, including drafting exercises. In addition, students will prepare at least two written projects. There is no final exam. Class limit: 12 students.
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. 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 on August 21 and August 22. Class Limit: 6 students
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. Grading is on a satisfactory/unsatisfactory basis. Class limit: 40 students.
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.
Prerequisites: Prior or concurrent enrollment in 219 Evidence. 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. Class limit: 12 students.
Discussion -- 3 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.
Discussion -- 4 hours. The main theme of this course is the debtor who doesn't have enough money (or unwilling) to pay debts. We examine remedies available to creditors to force payment, along with devices that creditors may use to give themselves priority against limited assets. Against this background, we then examine the role of bankruptcy. We consider bankruptcy both as a means for providing funds for creditors and as a device for maximizing asset value. The course assumes no prior experience in business or business law.
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.
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. Grading is on a satisfactory/unsatisfactory basis. Class limit: 15 students.
Environmental protection has become an important function of government in countries with distinctly different legal systems and political traditions. This course teaches and utilizes the methods of comparative law and socio-legal analysis to examine the factors that explain the similarities and differences in countries' approaches to environmental regulation and how these affect the success of environmental law. You will learn about environmental law in Brazil, Mexico, Ecuador, China, India, Japan, Germany, Canada and other countries. Specific topics to be considered include constitutional environmental law, criminal environmental law, the roles of regulatory agencies and prosecutors, and public interest litigation.
Discussion -- 2 hours. A study of the issues that frequently arise in large complex litigation involving multiple parties and multiple claims. The course treats in-depth the topics introduced in the first-year Civil Procedure course, with an emphasis on cutting edge issues currently the topics of litigation. The focus of the course this year is on class actions under Federal Rule 23 and covers current issues arising from mass tort (including asbestos and tobacco litigation), employment discrimination, and securities fraud class actions.
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.
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. Students who completed either Law 281(A) [Constitutional Law II—Equal Protection] or Law 218(B) [Constitutional Law II—First Amendment] may not take this course. 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.
Discussion -- 2 hours. Students who have previously taken Law 218, Constitutional Law II, or who plan to take Constitutional Law II for 4 units in Spring 2011 may not take this course. Students enrolled in this course will be given priority registration to enroll in Law 218B, Constitutional Law II - First Amendment. 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 in Spring 2011 may not take this course. Students are not required to have taken Constitutional Law II- Equal Protection to register for this course, although priority will be given to those students. 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.
Discussion -- 2 hours. This course will provide an introduction to the social justice critique of free markets. Our efforts will be guided by economic and social theory, as well as financial regulatory policy. We will establish a foundation for this critique through an introduction to classic economic theories beginning with the theories of human motivation found in Adam Smith and continuing through modern economists including Becker and Friedman.
After the foundation of traditional rationales for free markets has been established, the course will proceed through a series of social justice problems for which the answers of the classic theorists have proved unsatisfactory. For the spring semester of 2013, we will focus on two issues. First, we will examine the subprime mortgage crisis and the governmental response to repair the damage done to both the financial sector and the broader economy by the rapid declines in housing values. We will undertake an in-depth exploration of the current global financial crisis and its origins in the regulatory response to risky innovation in the models for origination, distribution and financing of home mortgages in the United States. Second, we will look more broadly at sources of economic inequality in the contemporary United States, including access to higher education and changing family structures. Throughout the seminar, we will make use of a range of materials taken from sociology, economic argument, political theory, constitutional discourse and the critical legal theories of race, gender and social class.
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, 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, and defenses to infringement.
Discussion - 3 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 -- 3 hours. Prerequisite: Law 215, Business Associations or concurrent enrollment recommended. Focus is on how corporations raise money - stocks and bonds, etc. Focus will be on the matter of how deals are structured and why corporations use one strategy instead of another. Careful attention will be given to the law(s) governing corporate money-raising, but we'll also try to get a feel for the business sense of particular strategies. Time will also be spent on how deals get restructured when corporations get into trouble (bankruptcy). This course differs from Law, 269A, Basic Finance, in that corporation focuses more on the law and the deal. See Basic Finance description for more details.
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. Satisfies Advanced Writing Requirement. This course compares U.S. criminal procedure with that of other countries, particularly the differing roles of the prosecutor, defense counsel, and the judge. Class limit: 25 students.
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.
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, identity politics, the intersection of race, gender and class, post-modern conceptions of race, among others. As an additional component, this course will touch on recent theoretical off-shoots of CRT and critiques of CRT, such as LatCrit Theory and Critical Race Feminism ("CRF"). A special emphasis will be placed on CRF, which looks at the intersectionality of race and gender and focuses on the status of women of color under the law. Topics within this theme include essentialism, motherhood, law breaking, employment law, sexual harassment, and global issues.
Discussion -- 2 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 -- 2 hours. This course focuses on the Americans with Disabilities Act (ADA) as it applies to employment, higher education, public accommodations, and government services and programs. Emphasis is on the statutory definition of disability, entities subject to the ADA, the “otherwise qualified” requirement, forms of discrimination, reasonable accommodation, and defenses.
Discussion -- 2 hours. Satisfies Advanced Writing Requirement. This course covers selected constitutional and statutory aspects of federal and state elections, including campaign finance, initiatives, and other topical issues. Class limit: 25 students.
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 - 2 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?
Prerequisite: prior or concurrent enrollment in 251 Labor Law or 260 Employment Discrimination or 260AT Employment Law. 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. Grading is on a satisfactory/unsatisfactory basis.
Seminar -- 2 hours. Elective course for Environmental Law Certificate Program. 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.
Discussion -- 2 units. This class will explore the many facets of Entertainment Law. We will study the application of intangible rights (publicity, copyright, trademark, moral rights) to the industry, the various sub-industries within the general category of the Entertainment Industry (TV, motion picture, music, digital media, gaming, publicity, etc.) and the various laws that apply to each.
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. Core course for Environmental Law Certificate Program. 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.
Prerequisite: completion of or concurrent enrollment in 285 Environmental Law and instructor consent. 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. Grading is on a satisfactory/unsatisfactory basis.
During the first eight weeks of fall semester, students research and submit briefs as appellants, respondents, or third parties on a problem of environmental law that is prepared by the National Environmental Law Moot Court Board. Students attend four to six classes (including guest lectures) on aspects of appellate advocacy, legal writing, and environmental law. Members of the spring environmental moot court team are selected on the basis of their performance in class. Grading is on a satisfactory/unsatisfactory basis.
Seminar - 2 hours. Satisfies Advanced Writing Requirement. 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.
Seminar - 2 hours. Satisfies Advanced Writing Requirement. 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.
Discussion - 3 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 is on a satisfactory/unsatisfactory basis.
Seminar - 2 hours. Satisfies Advanced Writing Requirement. Prerequisite: 221 Trusts, Wills, and Decedents Estates. Selected topics in the estates and trusts area. Coverage varies depending on instructor. Class limit: 10 students.
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 both the Federal Rules of Evidence and the California Evidence Code. The final examination for the 4-hour course is objective (true/false/multiple choice). Do not sign up for the 4-hour course if you object to this kind of examination.
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.
Prerequisite: Prior or concurrent enrollment in Law 219 Evidence to qualify for state court certification. Prior or concurrent enrollment in Law 272, Family Law, and Law 263A Trial Practice are preferred but not required. 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. Class limit: 12 students.
Prerequisite: completion of 220 Federal Income Taxation. 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. Grading is on a satisfactory/unsatisfactory basis.
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).
Discussion -- 3 hours. Prerequisite: 205 Constitutional Law I. 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.
Discussion -- 2 hours. May satisfy Advanced Writing Requirement with Professor's approval. 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, feministlegaltheory.blogspot.com. No examination. Class limit: 12 students.
Discussion - 2 hours. Celebrities and fictional characters both have a powerful hold on the human imagination and are important parts of our modern myths. This class will examine the legal protection available for each. We will take an intensive look at the right of publicity, which protects the rights of real people, particularly celebrities, to control the commercial value and exploitation of their names, likenesses and other attributes. We will consider the nature and scope of the right, infringing uses, and the effect of the First Amendment. We will also consider the legal protection available for fictional characters, the ways in which this may conflict with the publicity rights of real people, and the legal issues involved in the protection and use of "digital actors."
Seminar - 2 hours. Introduction to the legal and regulatory issues presented by contemporary capital markets. Topics to be addressed tentatively include capital regulation of market participants, the role and control of information intermediaries and disclosure requirements, rules governing market manipulation, the legal form and regulatory status of derivative instruments, the rise and status of securitization, systemic risk and regulatory failure, and the relationship of regulatory to common-law approaches to problems presented by capital markets. The course is likely to cover fundamentals of banking regulation, as banks are critical participants in, and in respects both substitutes for and complements to capital markets. Students will have the choice to write an exam or a paper.
Seminar - 2 hours. This seminar will focus on the law and policy of the emerging “food justice movement,” which combines the goals and principles of the environmental justice movement with some of the policy initiatives involved in the “ethical consumption” and “sustainable agriculture” movements. Some of the readings involved will be substantive, touching on issues such as structural racism, the regulation of food production (including the farm bill), differing methods of food distribution (from the industrial food model to farmers’ markets and CSAs). Issues of immigration regulation, city and regional planning, and state and local government will also be touched upon.
Seminar -- 2 units. The course will examine the relationship between legal rules relating to trade and rules for the protection of the environment. The course will review many environmental issues that are emerging as a result of open trade, and will explore provisions of various international trade agreements relevant to environmental protection, including the North American Free Trade Agreement, the World Trade Organization Agreements (GATT, etc.), and other existing and proposed bi- and multi-lateral free trade agreements. The course will focus primarily, but not exclusively, on issues involving the United States, Mexico, Canada, and South America. Grades are based on weekly in-class participation (30%), a presentation of paper research to the class of 10-15 minutes (20%), and a final paper of 10-15 pages (50%).
Discussion -- 3 hours. The globalization of people, finance, goods, services, and information puts pressure on the nation-state form. In a world of diasporas and multinational corporations, what does citizenship mean? In the absence of a world government, can we grapple with problems that now take on a global form? We will canvass a number of different approaches, including: the technical coordination of the Basel Accord on capital adequacy; the World Trade Organization regime universalizing substantive legal standards related to intellectual property; the Internet governance regime offered by ICANN, a California not-for-profit corporation; private and state-based efforts to support global health financing; and the Kyoto Protocol s cap-and-trade system for responding to a global problem where the sources, costs and benefits are not uniformly distributed. We will also consider issues of extraterritoriality, regulatory competition, and so-called Asian Values.
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 is on a satisfactory/unsatisfactory basis 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.
Discussion -- 2 hours. This survey course covers legal and policy issues related to developing, protecting and preserving affordable, safe and accessible housing and sustaining viable, diverse communities. Topics will include landlord-tenant law, affordable housing and community development issues (including gentrification, consolidated planning and redevelopment), habitability and code enforcement, publicly-subsidized housing, relocation, preservation of affordable housing, homelessness and housing-related discrimination (e.g. state and federal fair housing protections and discriminatory land use and zoning practices).
Seminar -- 2 hours. The successful transformation to democracy requires both political will and a legal framework that protects the rights of individuals. Over the post-Cold War period, a number of former Soviet bloc countries have successfully achieved a transformation to democracy (the Baltic States: Latvia, Lithuania, and Estonia) that has allowed them to enter the European Union. However, others still struggle. While the Ukraine and Georgia are building their democracies, developing independent judicial systems, parliaments, and legal institutions, others, such as Russia, Belarus, and Azerbaijan, are becoming autocratic states. Human rights violations are rampant in almost all Post-Soviet countries, even the Baltic States--where minority rights are violated.
This course first provides a historical context for the current political and human rights situation in the Former Soviet Union. It then analyzes the legal mechanisms and other strategies that some of the Former Soviet Union’s countries governments employ to repress their own citizens. Finally, the class examines the ways in which citizens use the law to seek relief from remedies for the repression of their rights.
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.
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 Law 292, Immigration Clinic. Law 219, Evidence is preferred, but not required.
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.
Seminar -- 2 hours. May satisfy the Advanced Writing Requirement with professor's permission. Law 209A, Patent Law or , Law 274, Intellectual Property recommended but not required. From biomedicine to cleantech, public institutions are playing leading roles in developing cutting-edge technologies. This course explores the law and policy of publicly-supported innovation and technology transfer. Topics to be addressed include: federal science and research policy; the Bayh-Dole Act and the rise of university patenting; the impact of financial interests on academic research norms and practices; technology transfer from universities to private firms; and international technology transfer from developed to developing countries. A central focus throughout this course will be the interplay of public actors, private actors, and exclusive rights in developing new technologies. Class limit: 15 students.
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 research and writing instructors is required for enrollment. Two units are awarded. Grading is on a satisfactory/unsatisfactory basis.
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.
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. Grading is on a satisfactory/unsatisfactory basis.
Discussion – 3 hours. Prerequisite(s): 220 Federal Income Taxation. Completion or current enrollment in a course covering the domestic taxation of corporations is suggested but not required. Corporate Tax may be taken concurrently. Examine the U.S. income tax laws and policies related to the taxation of foreign income of U.S. persons and U.S. income of foreign persons. Course will emphasize fundamental issues of cross-border activities, including jurisdiction to impose tax, taxable nexus, source of income, the foreign tax credit system for avoiding double taxation, the U.S. anti-deferral regime, and income tax treaties.
Discussion -- 2 hours. A consideration of select legal problems arising from international business transactions. Topics include the international sales contract, letters of credit, transfers of technology, regulation of bribery, development of joint ventures, repatriation of profits, and foreign exchange problems.
The course seeks to teach (1) international commercial arbitration, (2) the Convention on the International Sale of Goods, and (3) a general understanding of the somewhat different model of international arbitration provided by the World Bank's International Centre for Settlement of Investor-State Disputes under the Convention on the Settlement of Investment Disputes between States and Nationals of Other States.
Discussion - 3 hours. This course will examine the architecture of the international economic system, with a focus on both trade and investment. We will also study the relationship between the U.S. Constitution and the regulation of international economic affairs and the European Union's approach to economic regulation. More specifically, we will explore the law of international trade in goods and services as governed by the World Trade Organization and the General Agreement on Tariffs and Trade. We will also consider related national laws, including safeguards and adjustment mechanisms and antidumping and countervailing duty law. On the investment side, we will study the international laws that govern foreign investment flows, with particular emphasis on regional (NAFTA) and bilateral investment treaties that promote the free flow of investment and facilitate the arbitration of investment disputes by foreigners against host states. We will look at various forms of dispute settlement and explore the differences in remedies available to foreign traders and foreign investors. We will also spend time considering the relationship between trade and investment and other, such as environmental protection, health and safety standards, human rights, intellectual property protection, and other facets of globalization.
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 -- 4 hours. Money makes the world go round. We will try to follow that money, learning how a framework of national and international laws and institutions regulates (or perhaps fails to regulate) its flow. We will study the regulation of the securities and financial markets by the United States and other money centers, as well as international arrangements such as the Basle Accord on Capital Adequacy and the financial services agreement of the World Trade Organization. We will pay particular attention to the problems of financial crises and sovereign debt in the emerging market nations. Other topics will include bilateral investment treaties, multinational corporations, project finance, bank lending, asset securitization and derivatives.
Discussion - 2 hours. This course will introduce students to the international human rights legal system through an examination of its historical origins and precursors and a review of its international legal backdrop, including the character and sources of international law, the UN Charter and the UN system. Enforcement and implementation mechanisms will also be surveyed, including domestic, international and regional tribunals (including the European Court of Human Rights and the Inter-American system) in the context of civil and political rights as well as economic and social rights. A more detailed examination of specific rights may include such timely topics as the right to self-determination (relating to Kosovo as well as recent events related to the Arab uprisings in Egypt, Tunisia, Libya and Syria), the prohibition on torture (and related issues of extraordinary rendition), and the prohibition on human trafficking in both the domestic and international context.
Discussion - 2 hours. Do intellectual property rights help or harm the world's poor? In September 2007 the World Intellectual Property Organization (WIPO) adopted a "development agenda" that would rewrite that body's mandate, placing the concerns of the poor at the center of international intellectual property law and policy. This class introduces the legal and institutional architecture of international intellectual property, with a special emphasis on the challenges of integrating development concerns therein. We will draw upon interdisciplinary literature in economics, development and cultural studies to explore more deeply the links between cultural production and development. We will take up several critical issues in international intellectual property, including health, agriculture, genetic resources, traditional knowledge, geographical indications, open source collaboration, and access to knowledge. This is a 2-unit paper course. Some course work in intellectual property is preferred.
Seminar -- 2 hours. Satisfies Advanced Writing Requirement. We will focus on treaty law as reflected in regional trade agreements such as NAFTA and bilateral investment treaties (BITs), as well as on customary international law that protects investors from expropriation, denials of fair and equitable treatment, and discrimination on the basis of nationality. We will examine the actual mechanisms for investor-State dispute settlement under arbitral facilities such as the International Centre for Settlement of Investment Disputes as well as under ad hoc rules. We will also address the environmental and social issues surrounding international legal protection of foreign investment and proposals for modifying or even eliminating agreements due to concerns about regulatory “chill”.
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.
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 -- 4 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. Copyrights, trademarks and patents too are governed by international trade law. As services become increasingly internationalized, trade law affects services such as lawyering as well. This course will review the existing landscape of trade regulation from the World Trade Organization, to regional organizations such as NAFTA, ASEAN, and the European Union, the last of which envisions a single market not just for goods and services, but also labor. The course will consider the implications of international trade law for developing economies. It will examine the implications of the digital revolution on international trade. The class will analyze both the strengths and weaknesses of the current international trade order.
Prerequisite: permission of the faculty advisor. 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. Grading is on a satisfactory/unsatisfactory basis.
The course will overview the operation of the United States Bankruptcy Code and the Code’s interaction with State law and federal non-bankruptcy law. While much of the course will be structured around the practice of bankruptcy law, its primary purpose will be to introduce students to the impacts of bankruptcy and insolvency on the resolution of non-bankruptcy litigation and the structuring of real estate, commercial and corporate transactions.
Course is only offered to L.L.M. students
The Journal of International Law & Policy is a biannual journal produced by King Hall students with an interest in international law. The journal's goal is to provide interesting and well-written articles by both students and professionals. The editor-in-chief of the Journal receives two credits for each semester of service. Managing editors receive 1 unit of credit. Grading is on a Satisfactory/Unsatisfactory basis.
The Journal of Juvenile Law and Policy is a biannual publication that addresses the unique concerns of children in the American legal system. The editor-in-chief of the journal receives two credits for each semester of service. Managing editors receive 1 unit of credit. Grading is on a Satisfactory/Unsatisfactory basis.
Prerequisite: enrollment in 261 Judicial Process Seminar required for full-time clinical students and recommended for part-time clinical students. 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. Grading is on a satisfactory/unsatisfactory basis.
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.
Seminar -- 2 hours.
Satisfies Advanced Writing Requirement.
Who should govern cyberspace? Does the Supreme Court's decision in MGM v. Grokster matter if Canada or South Korea legalize peer-to-peer services? Should Yahoo be able to claim the First Amendment's protections as it sells things in cyberspace, even against French laws that criminalize the glorification of the Nazi era? What if Antigua permits online gambling but the United States bans it? To learn the privacy law applicable to a website based in Seattle, do we need to look to the law emanating from Brussels? The seminar will review concepts in international law, conflicts of law, cyberlaw, and federal jurisdiction to address the growing multi-jurisdictional conflicts created by the Internet. We will examine European efforts at crafting intra-Europe jurisdictional rules, as well as other international jurisdiction treaty projects such as those at the Hague. Class limit: 12 students.
Discussion -- 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.
Seminar – 2 hours. This seminar complements canonical IP courses by focusing on the increasingly global diffusion and success of collaborative forms of cultural and technoscientific production rooted in copyright-based licenses, like the GNU license of the Free Software Foundation that inspired the Open Source movement, which has in turn informed the Creative Commons initiative and a variety of other “open” models. Topics include: 1) the role of the public domain and the knowledge commons in progressive IP discourse; 2) the management of credit and the attribution of authorship or inventorship in collaborative settings through professional norms among scientists, comedians, magicians, and chefs; and 3) “IP-like” frameworks emerging in new fields of science like synthetic biology.
Discussion -- 3 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. Elective Course for Environmental Law Certificate Program. 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.
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.
Seminar -- This course examines works of popular culture, films, and legal texts. Each session will focus on a particular film and its cultural implications, particular problem or problems of law, law practice, legal ethics, traditional ethics, or public policy.
Seminar -- 2 hours. Satisfies Advanced Writing Requirement. The primary focus of the course will be federal constitutional law relating to religion -- the interpretation and application of the Free Exercise Clause and the Establishment Clause of the First Amendment. State constitutional law may also be considered as well as federal and state statutes relating to religion, e.g. state Religious Freedom Protection Acts and the federal Religious Land Use and Institutionalized Persons Act (RLUIPA). Final grade based solely on completed assignments of written work. Class limit: 20 students.
Seminar - 2 hours. Satisfies Advanced Writing Requirement with Prior Approval by Professor. This course provides a broad overview of law as it relates and applies to rural people and places. The character of rural-urban difference and the challenges associated with getting law to attend to those differences will be discussed. The course will also consider some specific bodies of law that have particular relevance in rural areas, e.g., welfare and poverty, land use, agricultural. The course will also cover rural-urban difference in the context of the developing world and international human rights. A multi-disciplinary approach will be encouraged in considering the junctures at which rural livelihoods encounter legal actors and processes, with particular attention to the scholarly literature in rural sociology and rural economics.
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.
This seminar is the companion seminar to the Washington UC-DC Externship and is designed to enhance the externship experience in three principal ways:
- Teach students about the process of federal lawmaking directly from leading government lawyers, lobbyists, public interest advocates, and journalists.
- 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.
- 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 at http://www.law.ucdavis.edu/academics-clinicals/files/UCDC-Syllabus-fall-Sept-09-11p.pdf .
Seminar -- 2 hours. May meet Advanced Writing Requirement with the instructor's permission. Prerequisite: 215 Business Associations. 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. Class limit: 15 students.
Discussion -- 3 hours. This survey course covers many of the foundational issues in the "law of democracy," as that body of statutory and constitutional law has developed in the United States. Topics to be addressed include the right to vote, apportionment of legislative districts, rights and duties of political parties, ballot access, the Voting Rights Act and related constitutional prohibitions on discriminatory political arrangements, judicial remedies, and alternative democratic structures.
Discussion -- 3 hours. The course surveys the law of armed conflict as it applies to today’s battlefields. It addresses such questions as, are there really laws in combat? What constitutes a “battlefield”? Are the Geneva Conventions still relevant? When does the law of war apply? Does it apply to non-state actors? What is a war crime, and who decides? Is “military necessity” always necessary? How is proportionality determined? Is torture ever lawful? Is waterboarding torture? In the law of war, is there a difference between a terrorist, a combatant, and a criminal? What is an unprivileged belligerent and who is a lawful combatant? Are drones lawful and how do we know? Is targeted killing lawful? Can superior orders constitute a defense to war crime charges? What constitutes a cyberattack and are they “armed attacks”? What is the jurisdiction of military commission and what legal problems face Guantanamo trials? Was Nagasaki a war crime?
It is not a philosophy course, nor is it national security law, nor human rights law. Those are inextricably related but the focus is on the law applicable in today’s non-international armed conflicts. It probes the history of the law of war, including the Lieber Code, the Nuremberg and Tokyo tribunals, My Lai, and ICTY cases. Law of war issues will be drawn from case cuts and movie clips and their legal implications considered. Military experience is not a prerequisite.
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. Grading is on a satisfactory/unsatisfactory basis. (In exceptional cases, students may petition to participate for one semester only and to receive two credits.)
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. Grading is on a satisfactory/unsatisfactory basis.
Discussion -- 2 hours. Selected Enrollment By Permission of Professor – 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. Graded Satisfactory/Unsatisfactory. Class limit: 25 students.
Discussion - 3 hours. Satisfies the Professional Responsibility graduation requirement. 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.
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.
Seminar -- 2 hours. Unfortunately, statutes, case law and legal policies often reflect the untested assumptions and intuitions of the legislators, judges and policy-makers who draft them. This course examines how psychological theory and research can be used to shape laws and policies to make them better reflect what we know empirically about how individuals process information, make decisions and behave. Topics include jury decision-making, eye-witness identification, false memories, procedural justice, child witnesses, behavioral decision theory, therapeutic relationships, and the use of trial consultants in litigation. Students will also learn the basics of how to read and evaluate psychological research reports and how to appropriately apply such research to law and policy. Class limit: 20 students
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. Prerequisite: Students must satisfy one of the following: Have an undergraduate degree in Spanish; have a minor in Spanish with experience living in a Spanish-speaking country; grew up in a Spanish-speaking household and have achieved proficiency ; e able to pass an informal assessment by the instructor. This course is designed for law students who are native Spanish-speakers or who have achieved proficiency in Spanish through study or experiences in a Spanish-speaking country. The focus of the course is to review the elements of Spanish grammar in a legal context, acquire specialized vocabulary and facilitate complex conversations about legal topics. The course will also address issues of cultural competency and ethics in the representation of Spanish-speaking clients.The course will provide a brief review of basic Spanish and then move into more complicated grammatical structures, all within a legal context. The legal context will be the representation of Spanish-speaking clients in the following areas of law: Family Law, Public Benefits (Social Security, Medi-Cal, etc.), Immigration, Employment, Torts, Civil Rights, Criminal Defense. Students will be encouraged to develop the vocabulary they will need for their own areas of interest/specialization (if known).Students will discuss issues of cultural and linguistic competency in serving Spanish-speaking clients.The course will include a unit on legal ethics surrounding translation, interpretation and communication with clients. It is vital that attorneys know when to call on a professional interpreter or translator. We will also discuss the ethics rules for attorneys surrounding legal translation and interpretation.
Seminar - 2 hours. This two credit hour seminar will introduce students to cutting edge research by legal academics and scholars in affiliated disciplines and will give students the opportunity to write their own papers. Every week, part of the seminar (noon-1 p.m.) will be devoted to a guest speaker who will present a work in progress related broadly to race, citizenship, immigration, ethnicity or social justice. For the rest of the seminar (10:05 – noon), students will present their own work and comment on the work of other students. The goal and expectation will be production of papers of publishable quality.
Discussion -- 2 hours. The course covers fundamental elements of the legislative process, including legislative procedure, the legislature as an institution, lobbying, statutory interpretation, legislative-executive relations, and the Legislature’s constitutional powers and limitations.
Prerequisite: prior or concurrent enrollment in 240 Elections and Political Campaigns or instructor permission. 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. Grading is on a satisfactory/unsatisfactory basis.
Discussion -- 3 hours. There are no pre-requisites for the class but Business Associations and/or Trusts, Wills & Estates are recommended for enhanced comprehension. This class focuses on analysis of contract drafting design for various types of transactions and actual transactional documents typically encountered. The class is premised on a hypothetical scenario of an aspiring young entrepreneur who hires her/his long-time friend and recent law school graduate as his/her lawyer at the start of both of their careers. Using that back-drop, the class will examine the most typical business transactions for which the entrepreneur likely needs legal advice and/or documents from the lawyer during the life-cycle arch of the entrepreneur’s business with intermittent, tandem comparative analysis of the typical personal business transactions that the lawyer confronts during a similar arch of her/his personal life cycle while representing the entrepreneur.
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 archs. However, the class will definitely provide a very extensive, in-depth and detailed analysis of hypothetical legal documents, with change scenarios, in the following 4 contexts: 1) comparative examination of an incorporated vs unincorporated business structure; 2) a secured transaction via review of hypothetical commercial loan documents; 3) comparative analysis of the key differences between a commercial vs. residential real estate purchase agreement and attendant real estate finance legal issues relative to commercial vs. residential mortgages, including foreclosure issues; and 4) elder law and estate planning documents.
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 changes). Grades will be based 20-30% on in-class participation and 70-80% on the final exam. More precise weighting is dependent on class size, so the actual weighting will be announced in the first week of class.
Discussion -- 3 hours Local Government Law explores the structure of state and local government through the lens of the virtues and flaws of the ideas of Madison and DeToqueville, i.e., centralized federal government vs. decentralized local government. Areas we will cover include, school funding and charter schools, structure of local elections, creation of special purpose districts and limited voting elections, regionalism, secession and annexation issues. A central question is: how do we create a zone of local autonomy in a system heavily skewed toward centralized control? Local Government Law is also conceptually similar to international law addressing the question of how do we structure relations among and between competing sovereigns (cities, counties, states and nations).
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.
Discussion -- 2 hours. 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 - 2 hours. This course will consider the many ways in which society seeks to establish and maintain quality in patient care. A substantial, but not exclusive focus will be what is commonly characterized as medical malpractice law, including formulation of the concept of medical error, establishment of the applicable standard of care, and the range of defenses to claims of professional negligence. The doctrine of informed consent will be explored as an element of the standard of care. We will also consider the process by which professional licensing boards seek to establish and maintain standards of professionalism. The evolution of the liability of health care institutions and managed care organization is an important topic to be addressed, as well as the most recent developments in tort reform legislation.
Discussion - 3 hours. Prerequisite: 215 Business Associations. 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.
Seminar - 3 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.
Prerequisite: 410A and 410B Appellate Advocacy. 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. Grading is on a satisfactory/unsatisfactory basis.
Seminar -- 2 hours. Elective course for Environmental Law Certificate Program. 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.
Seminar - 2 hours. Elective course for Environmental Law Certificate Program. Law 285 (Environmental Law) or Law 256 (Land Use Planning) recommended but not required. 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.
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. Class limit: 24 students.
Negotiations Board (1) Enrollment by instructor permission. 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. Grading is on a satisfactory/unsatisfactory basis.
Discussion plus document drafting skills -- 4 hours. Prerequisite: prior or concurrent enrollment in 215 Business Associations or instructor consent. 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. Class limit: 13 students.
Discussion -- 2 hours. Prerequisite: prior or concurrent enrollment in 215 Business Associations or instructor consent. 271B Nonprofit Organizations: Tax Exemption and Taxation Focus is a related course that uses the same textbook but is NOT a prerequisite to this class. (271A and 271B are taught independently of each other, but a student interested in specializing in nonprofit organizations should consider taking both classes in the order that works for his/her schedule.) This course focuses on the state and local laws applicable to nonprofit organizations, e.g., public interest, cultural, religious, educational, and other not-for-profit entities. Although the course provides a brief overview of the federal tax exemptions of nonprofits, its primary focus is on state and local laws impacting nonprofits with respect to incorporation or charitable trust formation, operation and governance, dissolution, fiduciary obligations of trustees and officers and directors, management and investment obligations vis-a-vis trust assets, cy pres, rights of members of social clubs, trade associations and labor unions, enforcement of obligations and rights by the attorney general and others, and regulation of charitable solicitation. At the option of the instructor the course might also cover local property tax and other tax exemptions, nonprofit accounting issues, public/private partnerships and federal antitrust and constitutional constraints. In addition, at the option of the instructor, the course may include document drafting assignments in addition to or in lieu of an exam. Class limit: 20 students.
Discussion -- 2 hours. Prerequisites: 215 Business Associations or instructor consent. Recommended: 220 Federal Income Taxation. 271A Nonprofit Organizations: State and Local Governance Issues is a related course that uses the same textbook but is NOT a prerequisite to this class. (271A and 271B are taught independently of each other, but a student interested in specializing in nonprofit organizations should consider taking both classes in the order that works for his/her schedule.) This course focuses on the conceptual basis and substantive law criteria for the federal and state income tax exemption of nonprofit organizations and those particular circumstances and activities which result in income taxation or financial sanction, including qualification for exempt status, the nondistribution constraint, the inurement and private benefit concepts, limitations on campaign activities, permissible lobbying expenditures, the unrelated business income tax, the deduction for charitable contributions, intermediate sanctions, the differences between private foundations and public charities, special excise taxes, the exemption application process and reporting and disclosure requirements. 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. In addition, at the option of the instructor, the course may include document drafting assignments in addition to or in lieu of an exam. Class limit: 20 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.
Discussion -- 3 hours. Prerequisites: 274, Intellectual Property or permission of instructor. 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.
Discussion -- 2 hours. Prerequisites: 274, Intellectual Property or permission of instructor. This course covers all essential aspects of patent prosecution: the role of the patent practitioner, claims and specification drafting, requirements, and strategy, filing mechanics, prosecution mechanics and strategy, appeals and post-grant proceedings, America Invents Act considerations, portfolio development and strategy, and litigation considerations. Students will examine the legal framework for prosecution, as well as get hands-on drafting experience. No technical background is required.
Discussion - 3 hours. The federal regulation and taxation of private pensions and employee benefits. The Employee Retirement Income Security Act (ERISA), including such topics as coverage, forfeitures, spousal rights, creditor access, fiduciary duties, preemption of state law, remedies, and other litigation issues. Internal Revenue Code issues such as discrimination in favor of the highly compensated, limitations on contributions and benefits, rollovers, IRAs, early distribution penalties, and minimum distribution rules.
Seminar - 3 hrs. Selected Enrollment By Permission of Professor. This practice-oriented course will provide students an opportunity to learn about Participatory Action Research (PAR) methods and community-based lawyering in the context of rural community development and advocacy. Students will also use these skills and knowledge to serve rural California communities.
PAR is an approach to research by which scholars and community members collaborate to identify and understand the issue(s) the community is facing in order to jointly formulate strategies to address those issues. Community-‐based lawyering seeks to jointly deploy community organizing and legal recourse tools, with the goal of more effective social change that responds to issues of priority to the community. This course will equip students to use PAR to identify issues and needs that are significant to a given community. Students, working with public interest lawyers in the community, will then use the results of their PAR inquiry to facilitate more effective community-‐based lawyering.
Readings for the course will include the scholarly literature on PAR, community-based lawyering, cause lawyering, rural poverty, rural political economy, and rural access to justice. Students will attend weekly seminar sessions to discuss readings and, particularly after the first month of the semester, to work in small groups on a legal research and advocacy project for a specific rural community. The weekly seminars will also give students the opportunity to develop skills through training by the Participatory Action Research Resource Center, to discuss the ethical questions raised by PAR, and to explore broader issues such as policy advocacy, organizing, community education, and impact litigation. The course will require at least one trip to conduct fieldwork in a specified rural community, in coordination with staff attorneys at California Rural Legal Assistance (CLRA) and/or Legal Service of Northern California (LSNC). Students will work in teams to engage in PAR in designated locations, with each team assigned to one location. Students will engage in this PAR fieldwork at mid-‐semester, and they will prepare for this fieldwork by researching the political economy, culture and history of the community and the relevant social justice issues the community appears to be facing. Students will present to the class their findings from this research prior to conducting their fieldwork as a critical background for this next phase. The objectives of the fieldwork are to (1) learn from community members about their priorities and concerns, (2) discuss possible solutions—legal and otherwise— directly with the community, and (3) suggest university and other resources that might be useful in supporting community advocacy. The fieldwork may also inform future independent research projects. Students will present conclusions from their fieldwork during the final weeks of the semester.
Students will have work-product deadlines during the semester in preparation for fieldwork, and they will present and reflect on their work at the conclusion of the term. Grades will be based on participation in class, research and fieldwork assignments, peer and self assessments within student teams, and a final reflection paper. The course is interdisciplinary, and cross enrollment by students in relevant UC Davis graduate programs, e.g., Community Development, will be encouraged. Students in this course will also meet periodically with students engaged in similar research at UC Berkeley School of Law to discuss ethical issues and challenges, as well as to share best practices. Limited enrollment: 12 students.
Discussion -- 2 hours. 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. Class limit: 24 students.
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 – 2 hours. Selected Enrollment By Permission of Professor – 3L’s only. A skills course focused on the development of legal analytical and organizational methods essential to successful completion of the Performance Test [PT] component of the California Bar Exam (and other states), and, by extension, to success in the practice of law. It will include weekly exercises such as managing a case file, synthesizing legal authority, and performing objective and persuasive drafting tasks. Such tasks might include, for example, proposed legislation, legal correspondence, different styles of office memoranda, trial briefs, pleadings and motions, discovery plans, and closing arguments. Students will receive individualized feedback on each of their written assignments. PLEASE NOTE: 3L students who would benefit from significant assistance with exam writing and bar study skill development would be encouraged to enroll in this course.Enrollment is by selection of the professor. Graded Satisfactory/Unsatisfactory. Class limit: 30 students. Applications are available on line: Problem Solving and Analysis.
Discussion -- 2 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.
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.
Seminar -- 2 hours. Explores the extent to which property law (common law, federal, state and local statutes, and administrative regulations) historically impacted and currently shapes conceptions of race, racial groups, and racial relations. In particular, the course considers the role of property law in creating racial hierarchies in the United States both historically and today and the ways in which law and policy may be utilized to reverse racial stratification. Students will write a research paper that relates to the course theme and goals. Issues that may be examined include how property law both explicitly and implicitly discriminated against people of color; the ways in which individuals resisted racially discriminatory property laws; potential remedies for discriminatory taking of property; enforcement of municipal laws to exclude immigrants; contemporary legal issues under the Fair Housing Act lands; and racially discriminatory subprime mortgages.
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 administration of public benefits programs for poor and other disadvantaged persons in our society. The course will examine the history and philosophy underpinning social/legal concepts of "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; Food Stamps; Medicare/Medicaid; Unemployment Insurance; and the National Housing Act programs). 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.
Seminar -- 2 hrs. Satisfies advanced writing requirement. 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. Grading is on a satisfactory/unsatisfactory basis.
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.
Seminar -- 2 hours. Prerequisite: Law 260 Employment Discrimination and 260AT Employment Law. Satisfies Advanced Writing Requirement. This advanced course covers employment law issues through the lens of public interest lawyers and their constituencies. Substantive law areas include: wage and hour regulation, privacy, emerging issues in employment discrimination law, the work/life balance and its effect on women; procedural issues in employment law; and workplace retaliation. The course is structured around readings on these subject areas, and discussions with guest speakers about their scholarship, advocacy or litigation on different employment-related issues. Students will also explore the legal claims and civil rights principles at stake through the lens of the role of public interest lawyers –today and historically –in creating contested areas of law in the employment arena. The course is designed to allow students to explore topics covered in the survey Employment Law and Employment Discrimination courses on a more in-depth level. Students will be expected to write a law-review quality paper on a selected employment law-related topic as part of their final grade. Students will also be required to write short commentary pieces on the reading and discussion each week.
Discussion - 3 hours. Elective course for Environmental Law Certificate Program. Prerequisite: 285 Environmental Law or consent of the instructor. "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.
Discussion -- 3 hours. An examination of the problems involved in the acquisition, financing, and development of real estate, and of lender remedies and debtor protections in the event of debtor default. The course stresses the practical application of California legal doctrines.
A review of the legal issues involved in the purchase, sale, and financing of residential real estate in the United States, with a non-exclusive focus on California practice. We review the roles of all parties involved, consider mechanisms of financing and security, and survey remedies available when problems occur. We explore the role of mortgage lending in the financial crisis that began in 2008.
Discussion -- 2 hours. This course examines regulation of business in sectors, traditionally described as “common carrier” and “utility” industries, where because of market failures normal competitive mechanisms will not protect consumers from exercises of market power. As a consequence, these industries have traditionally been subject to pervasive regulation of entry, pricing, and other terms of service. The course examines the traditional rationales for such pervasive regulation, and the specific legal and economic principles governing such regulation. It also examines closely the massive reforms that have occurred in this area in recent years, resulting in a very different regulatory landscape than that which prevailed in the post-New Deal era.
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.
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. Addresses a variety of laws and practices that affect reproductive health and procreative decision making. The topics include laws and policies addressing abortion, sterilization, prenatal care and birthing practices, assisted reproductive and genetic technology use, sectarian hospital practices, workplace policies, public and private funding restrictions, and medical standards. Class limit: 18 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 is on a satisfactory/unsatisfactory basis (Law 499) unless a request for letter grading is made in advance (Law 499A).
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 -- 3 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.
Discussion - Prerequisite: 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.
Discussion -- 2 hours. Prerequisite: 215 Business Associations or instructor consent. 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.
Discussion -- 2 hours. Prerequisite: 215 Business Associations or instructor consent. Recommended: 236A Securities Regulation I. 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.
Discussion - 2 hours. We will examine in depth two core themes of Constitutional Law I and Federal Jurisdiction: federalism and separation of powers. In Selected Topics, we will concentrate on habeas corpus and the Eleventh Amendment as vehicles for examining the constitutional themes in greater depth. We will first review "federal habeas" (the use of the Great Writ to review criminal convictions in state courts), and then explore the writ's use in the struggle against terrorists, where it has become a focus of separation-of-powers conflicts between Congress and the president. We will conclude by reviewing the rise of the Eleventh Amendment as a constraint on federal authority.
Discussion -- 2 hours. The class will study the separation of powers in our federal government by focusing on certain historical events and their impact on constitutional law. Topics will include the election of 1800, the Civil War, voting rights and the Vietnam War, presidential impeachments, and the war on terror.
Discussion -- 3 hours. May satisfy Advanced Writing Requirement with Professor's approval. 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.
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.
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 - 3 hours. May satisfy Advanced Writing Requirement with professor's permission. Prerequisite: Law 220, Federal Taxation. 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.
Discussion -- 2 hours. Prerequisite: Course 220, Federal Income Taxation. 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.
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.
Seminar -- 2 hours. This course examines the regulation of financial intermediaries. The stated goal of regulation is to ensure systemic stability and to pursue consumer protection. We will ask whether there was an imbalance between systemic stability and consumer protection before the crisis of 2008. The course is devoted to federal regulation of banks, bank holding companies, and financial holding companies. Topics include restrictions on the activities of banks and their affiliates, the mortgage crisis, subprime lending, securitization, capital adequacy requirements, community reinvestment requirements, bank supervision, and identifying and resolving failed banks. Powerful changes in the market and legal rules governing banks during the past decade dismantled the traditional barriers between commercial banks and other financial institutions. These changes led to the growth of a large, unregulated “shadow banking” system. We will ask what role these structural changes played in creating the conditions for the economic and financial market collapse of 2007-2008.The global financial crisis that began in late 2007 provides a fertile laboratory for examining the fractured financial regulatory system, and the proposals for reform. We will work in a class climate of inquiry and experimentalism. We will incorporate speakers, and take advantage of opportunities to discuss any pending legislation or regulation that emerges this semester at either the state or federal level. I will take advantage of opportunities restructure our reading to support our discussions of emerging legal or policy developments. The course will examine selected topics from the 2010 Dodd- Frank financial reform law. These topics include, among others, the role of unregulated subprime home mortgage lending in creating systemic risk, the controversies about the “Volcker Rule” to limit proprietary trading by financial institutions with deposit insurance; the consumer regulatory responsibilities of the Federal Reserve, credit rating agencies, and securitization.
We will discuss whether consumer protection in the financial sector and insuring the safety and soundness of banks are compatible regulatory goals. Why was comprehensive financial reform adopted, before the Financial Crisis Inquiry Commission issued its report about the causes of the crisis? We begin with a basic overview of the concepts applicable to financial intermediaries and end with an assessment of the framework for future reform.
Discussion - 2 units. The goal of the course is to give students a guide to the maze that is our dual regulatory system, and an understanding of banks and other financial institutions, such as thrifts, credit unions, industrial banks, finance companies, and money transmitters, as well as large versus community banks, that will help them position their client banks and financial institutions to be more competitive using regulatory arbitrage of our financial system.
By the end of the course, students will be able to judge for themselves the causes of the recent financial crisis and the efficacy of reforms of our financial system. Students will be conversant in bank products and current legal banking issues.
Discussion -- 2 hours. International law, once critiqued as powerless and ineffective, is now challenged as a threat to American democracy. How have theorists sought to justify international law? Should there be an American exception in international law? This course introduces students to competing theories of international law, including natural law, positivism, realism, liberalism, constructivism, fairness, legal process, and world public order. We will examine and critique works by leading international legal theorists. We will apply the theories to ongoing controversies in international law, including in human rights, international trade, and environmental law. The final will be a take-home essay exam.
Seminar - 2 hours. The contours of key intellectual property notions and criteria (personal expression, originality, substantial similarity, inventive step, novelty, utility, prior art, patentable subject matter, etc.) can be quite theoretical – even metaphysical – but they developed from local debates about the protection of specific objects: books, prints, inventions, and marks rather than from the unfolding of first principles. The same can be said about theories of intellectual property: They can be quite philosophical, but are in fact tied to the articulation and legitimation of specific legal practices.
This course traces the development of intellectual property law in the US and Europe because it is not possible to understand the logic and shape of current IP concepts (and their problems) outside of their messy history. It is not, however, a traditional legal history course. It adopts a historical perspective to capture the processes through which key IP concepts have come into being, but then uses that understanding to make sense of some important problems facing IP today, and the alternative practices (norm-based IP, commons, etc) that are being developed to overcome them.
The seminar is divided in three parts. The first examines the most influential theories and justifications of intellectual property. The second tests those theories against key case studies in the history of IP (mostly copyright and patent law), and the third looks at current and possible future trends in the articulation of IP (and of alternatives to IP).
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 units. This is an advanced criminal law and procedure class aimed at students planning to practice criminal law in California, either as an extern or summer clerk, or after graduation. Students will study topics that they will use on a daily basis in practice, including California sentencing, constitutional and statutory speedy trial rules, charging and diversion practices, preliminary hearings, discovery, and ethical considerations. Close attention will be paid to plea bargaining and case settlement. There will also be some discussion of important California crimes. There will be guest speakers from prosecutors' and public defenders' offices. Grading will be based on class attendance and participation, exercises during the term, and a final essay.
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 3 hours. 274 Intellectual Property is not a prerequisite, but would be useful. We will take an intensive look at selected issues in Trademark Law, including the concepts of trademarks and unfair competition, acquisition and loss of trademark rights, infringement, trademarks as speech, and international aspects of trademark protection.
Discussion - 2 units. This course will focus on the law of trade secrets, including 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. I also anticipate discussion of the Computer Fraud and Abuse Act and computer forensics.
Discussion -- 2 hours. Evening laboratory -- 2 hours. Prerequisite: prior or concurrent enrollment in 219 Evidence. 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. Grading is on a satisfactory/unsatisfactory basis. Class limit: 84 students.
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 is on a satisfactory/unsatisfactory basis.
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.
Seminar – 2 hours.This seminar addresses current issues in the protection of voting rights, particularly the voting rights of racial and ethnic minorities. In 2013, the Supreme Court in Shelby County v. Holder enjoined enforcement of the keystone provision of the Voting Rights Act of 1965, which required certain states and localities to obtain the federal government’s approval prior to implementing election law changes. The Shelby County decision has forced civil rights groups and the Department of Justice to pursue new strategies for protecting voting rights. This seminar will explore these and related issues, including (1) the constitutional status of the right to vote, (2) congressional power to enforce the Reconstruction Amendments, (3) protections that remain available under the federal Voting Rights Act and state law, and (4) practical issues in the litigation of voting rights cases, such as obtaining and drawing statistical inferences from the necessary data.
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.
Discussion --2 hours. Elective course for Environmental Law Certificate Program. 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.
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. 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 Satisfactory/Unsatisfactory grading.