Elective Courses
Whittier Law School offers a variety of
courses and utilizes many of the legal resources available
in the Southern California area. After course requirements
are met, students are encouraged to select from a wide range
of electives. Selected courses are recommended for specific
professional goals and meeting bar requirements in some states.
Counseling is provided. Units vary from one to four. Elective
courses may be offered as seminars. A seminar is defined as
a small class (15 maximum) that requires a significant research
contribution. Class schedules, printed at the beginning of
each semester, list course availability and times offered.
Adjudicative Criminal
Procedure
Administrative Law
Admiralty Law
Advanced Corporations
Agency
Alternative Dispute Resolution
American Constitutional Convention
Animal Law (International)
Antitrust
Antitrust and Intellectual Property
Arbitration
Art and the Law Seminar
Bankruptcy
Bioethics
Biotechnology and Intellectual Property
Business Planning
Business Planning
for the Creation, Distribution and Sale of Entertainment
Civil Rights
Commercial Transactions I
Commercial Transactions II
Community Property
Comparative African Constitutionalism
Comparative Constitutional Law: Equality,
Personal Autonomy and Freedom of Expression
Comparative Legal Systems
Comparative Rights of Publicity
Comparative Tort Law
Computers and the Law
Conflicts of Law
Copyright Law
Corporations
Criminal Procedure
Current Developments in California
Law
Disability Law
Dispute Resolution
Elder Law
Employment Discrimination
Employment Relations Law
Entertainment Law
Environmental Law
Estate Planning
Evidence
Externship Program
Family Law
Feature Film Financing
Federal Income Taxation
Federal Jurisdiction
Federal Taxation of Corporations
Gaming Law
Government Contract Law
Health Law
Holocaust, Genocide and the Law
Immigration and Naturalization Law
Insurance Law
Intellectual Property Litigation
International Animal Law
International Aspects of Gaming
Law
International Business
Litigation
International
Business Negotiations
International Business
Transactions
International Commerce: U.N.
Convention on the International Sale of Goods
International Copyright
Law
International Criminal
Justice
International Intellectual
Property
International Law
International Patent Law
International Trade and the WTO
International Trademark
Law
Internet Law
Interviewing,
Counseling and Negotiation
Introduction to French Law and the Laws
of the European Union (EEC)
Introduction to Spanish Law & Legal Systems
Juvenile Law Advocacy
Labor Law
Law and Medicine (Malpractice)
Law of Slavery
Lawyering Skills
Legal Accounting
Legal Analysis Workshop
Legal Aspects of Contemporary
Social Problems
Legal History
Legal Implications of the
International War on Narcotics Trafficking and Terrorism
Legal Policy Clinic
Legislation
Legislative Drafting
Licensing and Technology Transfer
Local Government Law
Modern Real Estate
Transactions
Native Americans and the Law
Partnership Taxation
Patent Law
Patent Prosecution
Pretrial Litigation
Skills and Strategy
Public Interest Law
Recent Issues in Intellectual
Property
Remedies
Reproductive Technologies and
the Law
Rights of Publicity
Securities Regulation
Sex Discrimination
Special Education Law
Sports Law
Street Law
Trademarks and Unfair Competition
Trademark Prosecution
Trial Advocacy (Civil or Criminal)
Valuation of Intellectual Property
White Collar Crime
Wills and Trusts
Women, Law & Culture
Adjudicative Criminal Procedure
This course will examine legal issues (Constitutional, statutory,
court rules) that arise once adversarial criminal proceedings
commence–that is, once lawyers become involved in the
process. Topics which might be covered include bail, preventive
detention, the powers of the grand jury and limits on those
powers, the prosecutor’s charging decision, pleadings
and plea bargaining, competency of the defendant to stand
trial, discovery, jury selection, examination of witnesses
and presentation of evidence, sentencing, and collateral attack
on convictions.
Administrative Law
An examination of the legal limits of state and federal executive
action; rule-making; adjudicative and investigative actions
of administrative agencies; relevant statutes, such as the
Administrative Procedure Act; and the concepts of delegation,
ripeness, standing, judicial review, and due process.
Admiralty
A survey of the basic principles of admiralty and maritime
jurisdiction, including substantive law areas of carriage
of goods, maritime liens, charter parties, collision, general
average, salvage, seamen and maritime worker rights, and liability
limitations.
Advanced Corporations
An advanced analysis of business associations and related
topics. Subjects will vary. Matters addressed in past offerings
of this course have included corporate crime and sentencing;
enterprise and securities valuation; capital structure and
rights of security holders; distributions; fundamental changes
through merger and tender offer; sale of control; and information
and advice available to those participating in the investment
markets.
Agency
An examination of the law relating to principal-agent relationships
in business and other organizations, including relationship
creation and termination, agent's authority, principal's liability,
ratification, undisclosed agency, and fiduciary responsibility.
The course will include business organizations, including
partnership, limited partnership, associations, and new statutory
limited liability company forms.
Alternative Dispute Resolution
A combination lecture and clinical simulation course based
on negotiation, arbitration and mediation as alternatives
to litigation in resolving civil disputes. The course materials
cover specific alternative dispute resolution techniques,
such as fact-finding, mini-trials and summary jury trials.
Practical strategies for lawyers are discussed. A primary
area of focus is the role of the lawyer in each of the different
processes. Simulations are conducted to develop practice skills
and as a basis for exploring the public policy and other issues
that arise in this area.
American Constitutional Convention
An exploration of the United States government's formation
through James Madison's records of the proceedings at the
Constitutional Convention of 1787, and other primary sources.
The significance of the constitutional language and the convention's
anticipation of subsequent political and legal issues are
discussed.
Animal Law (International)
This class will look at animal law issues form an international
perspective, and in particular, from the perspective of the
relationship between European Union and the United States.
Some of the issues to be considered include: what laws of
interest exist in EU countries; what EU legislation touches
on animal issues; and what issues exist between the EU and
the U.S. on animal law, and more specifically the relevant
provisions in GATT. There will be a survey of traditional
animal law issues from a European perspective, such as the
property status of animals, damages recoverable for injury
or killing of animals, laws relating to fatory faming and
general anti-cruelty laws. The course work will be supplemented
with field trips, perhaps a bullfight and/or a trip to a local
humane association.
Antitrust
A survey of federal and state laws that promote competition,
inhibit monopolies and restrain free trade in the United States,
including the Sherman, Clayton, and Federal Trade Commission
acts; and principal antitrust issues and practices, including
cartel restraints on trade, monopolization, mergers, distributional
restraints, tying, price discrimination, and unfair antitrust
competition.
Antitrust and Intellectual Property
Examines the tension between the limited monopolies permitted
by patent, trademark and copyright law and the anti-monopoly
provisions of the antitrust laws. Attention is given to patent
and copyright misuse through abusive licensing and the role
of intellectual property in establishing antitrust liability.
Prerequisite: Patent Law or Copyright Law.
Arbitration
A study of dispute settlement techniques including negotiations,
mediation, fact finding, and arbitration developed in labor,
commercial, and community relations.
Art and the Law Seminar
Examines intellectual, personal and cultural property issues
raised by the ownership and management of art and artifacts
by discoverers, creators, museums, and institutions.
Bankruptcy
An examination of debtor and creditor rights, including typical
state procedures for the enforcement of claims and exemptions
under statutory and common law, and federal bankruptcy proceedings.
Bioethics
An analysis of the legal and moral dilemmas that arise from
new technology in the life sciences, which challenge traditional
assumptions, including mind and behavior, genetic, procreative,
reproductive, and death control methods; and organ transplantations.
Biotechnology and Intellectual Property
Discusses the application of intellectual property law to
biotechnology, including patenting of gene-splicing techniques,
gene sequences, pharmaceuticals, and genetically modified
agricultural products; human and animal cloning; and the Human
Genome Project. Prerequisite: Patent Law.
Business Planning
A study of the legal problems prevalent particularly among
small enterprises, with practical application to business
formation, capitalization, taxation, securities regulations,
distributions, combinations, and liquidations.
Business Planning for the Creation,
Distribution and Sale of Entertainment
The course will cover the basics of business planning, including:
choice of business entity and corporate maintenance, financing,
asset valuation, corporate reorganization and the sale of
a business. This life cycle of a business will be explored
through the use of hypothetical situations relating to entertainment
property rights. First, the course will analyze the creation
and acquisition of intellectual property and other entertainment
properties. Next, the appropriate business structure for the
exploitation and distribution of those assets will be addressed.
Finally, the course will conclude with the valuation and sale
of media and entertainment properties.
Civil Rights
A historical analysis of the Thirteenth, Fourteenth, and Fifteenth
Amendments and their development, with an emphasis on statutory
implementation; the power of the federal government to intervene
in private disputes; and the relationship between Congress
and the Supreme Court in defining civil rights violations.
Commercial Transactions I
An introduction to the Uniform Commercial Code, focusing primarily
on Sales, Titles, Bulk Transfers, and Commercial Paper.
Commercial Transactions II
An analysis of Secured Transactions and Letters of Credit
under the Uniform Commercial Code.
Community Property
An examination of the classification of property, its management
and control, and its distribution upon dissolution of the
community according to California law.
Comparative African Constitutionalism
This course will examine the role of various organizations
to promote democracy in African countries, i.e., the United
States Information Agency, the United States Agency for International
Development, the National Democratic Institute, etc. The course
will focus much of its examination on the unsuccessful efforts
at democratization in several sub-Saharan African countries
offering an analysis of the reforms undertaken by focusing
on the constitutions written in a selection of both Francophone
and Anglophone African countries.
Comparative Constitutional Law:
Equality, Personal Autonomy and Freedom of Expression
This course is an introduction to comparative analysis in
constitution law, focusing primarily on differences between
the United States and other nations in defining and protecting
equality, minority, and group rights; personal autonomy and
privacy, and freedom of expression. Topics include theories
of constitutionalism; judicial interpretation, adjudication
and enforcement; formal vs. substantive equality, affirmative
action, and protections of racial, national ethnic, and linguistic
minorities; regulation of abortion and sexual intimacy; national
security and political dissent, and racist speech and equality
rights.
Comparative Legal Systems
A comparison of the structure, substance, and methods of the
American common law legal system with British common law and
Civil Law legal systems of continental Europe, Asia, and Latin
America.
Note that this course may be taught as
the general survey course, Comparative Legal Systems, or
as a speciality course which focuses on one aspect on comparative
legal systems. These speciality courses are taught primarily
in the Summer Abroad Programs with the speciality comparing
the law of the host country or region with that of the United
States. Often these specialized courses consider only one
portion of law such as contracts, environmental, criminal
justice, criminal law, Torts,, etc. A student taking one
of the speciality courses in a Summer Abroad Program may
also take the general Comparative Legal Systems course when
it is offered during the regular curriculum.
Comparative Rights of Publicity
Analysis and comparison of statutes and case law in the United
States and various countries around the world recognizing
a right of celebrities and others to control the use of their
names and likenesses for commercial purposes. The course will
cover various issues raised by such protection, a comparison
of the extent of such protection, and a discussion of the
problems raised by the presence or absence of constitutional
norms in various countries protecting freedom of expression.
Comparative Tort Law
This course will survey the different ways in which tort and
compensation systems operate in common law and civil law jurisdictions.
We will review the economic and philosophical reasons for
compensation under each system, and we will look at a number
of representative torts, and how they are treated in both
systems. The course is a seminar, and students will read from
a selection of readings from a variety of sources, including
Henderson, Pearson & Siliciano, The Torts Process, and certain
resources quoted therein, and Walton, The Civil Law in Spain
and Spanish America. Students will be required to submit a
15-20 page paper for their grade by August 1, 2004.
Computers and the Law
An exploration of the diverse legal standards governing the
development, acquisition, and use of computers with emphasis
on how courts adapt traditional laws to new technology and
respond to social harms resulting from
computer misuse.
Conflict of Laws
A review of legal problems with multistate aspects; jurisdiction
of courts; constitutional constraints, including due process
requirements, and full faith and credit clauses; recognition
and enforcement of judgments; and recent developments in choices
in law issues.
Copyright Law
Analysis of statutes and treaties governing rights in original
works of authorship (such as books, plays, movies, paintings,
sculpture, music, sound recordings and computer software),
including protected subject matter, works made for hire, infringement,
fair use, moral rights, federal preemption of state law, and
remedies.
Corporations
An introduction to the laws of business associations. This
course examines the legal issues surrounding formation, financing
and control of corporations and non-corporate business associations.
Criminal Procedure
A study of the Fourth, Fifth, Sixth, and Fourteenth Amendments
to the United States Constitution, including warrant requirements
for search and seizures, privilege against self-incrimination,
due process, right to counsel, and the exclusionary rule.
Current Developments in California
Law
This course focuses on current developments in California
statutory, judicial, and administrative law. Subjects covered
will vary.
Disability Law
This course addresses the developing law regarding persons
with physical and mental disabilities. Areas of concern include
access to education, employment and transportation, architectural
barriers, income maintenance, right to treatment and to refuse
treatment, and housing and independent living. Regulations
protecting the legal rights of persons with disabilities will
be analyzed.
Dispute Resolution
A combination lecture and clinical simulation course based
on negotiation, arbitration and mediation as alternatives
to litigation in resolving civil disputes. The course materials
cover specific alternative dispute resolution techniques,
such as fact-finding, mini-trials and summary jury trials.
Practical strategies for lawyers are discussed. A primary
area of focus is the role of the lawyer in each of the different
processes. Simulations are conducted to develop practice skills
and as a basis for exploring the public policy and other issues
that arise in this area.
Elder Law
An examination of all major legal and policy issues pertaining
to the aging population, including health care, housing and
entitlement programs, estate planning and guardianship matters,
criminal and tort aspects of elder abuse, age discrimination
in employment, and various bioethical issues.
Employment Discrimination
A survey of employment discrimination law, including substance
and procedure; federal statutes prohibiting discrimination
on the basis of race, national origin, gender, religion, age
or physical disability; and a discussion of disparate impact,
treatment theories, and the application of statistical techniques.
Employment Relations Law
A study of employees' legal rights and employers' responsibilities
with primary emphasis on the nonunion workplace. The course
will survey a variety of statutes and common
law developments that have a crucial impact on the employment
relationship.
Entertainment Law
An examination of the legal aspects of entertainment, including
requirements for contracts and agreements between parties
involved in the industry.
Environmental Law
An introduction to the major issues in environmental law;
the role of legislative, administrative, and executive bodies
and judicial review; land and resource management; air and
water pollution control; pesticide and toxic substance regulation;
solid waste policy; and federal and state administrative procedures.
Estate Planning
An analysis of revocable and irrevocable lifetime trusts as
a will supplement; whether and how to avoid probate; life
insurance settlement options and employee death benefits;
concurrent interests including community property; use of
short-term trusts to reduce income tax; marital deduction;
selection of fiduciary; and estate planning of intestate property.
Evidence
A survey of the rules and standards that regulate the admission
of evidence, including relevancy, privileged communications,
the hearsay rule and its exceptions, the opinion rule, authentication
and "best evidence" rule, impeachment and rehabilitation,
demonstrative and scientific evidence, presumptions, and burdens
of proof.
Externship Program
An experiential learning program with a variety of court,
government, and private entities in which students perform
lawyering tasks with real clients under the supervision of
practicing attorneys and a member of the faculty.
Family Law
A discussion of law relating to family relations, including
marriage, divorce, child and spousal support, custody, cohabitation,
and other non-traditional structures.
Feature Film Financing
Feature Film Financing will provide students with a comprehensive
overview of all legal aspects of financing motion pictures.
Case studies will be used to illustrate financing independent
productions as well as studio-financed films. The course will
specifically address the standard terms and conditions of
foreign and domestic pre-sales and distribution agreements,
sale-leaseback transactions, lender-based financing and off-balance
sheet financing opportunities. A significant portion of the
course will address the securities, income tax and accounting
issues related to film financing transactions conducted by
individuals and through business entities. Throughout the
course elements of international co-productions will be highlighted
with empahsis on the increasing use of European co-productions.
Federal Income Taxation
A study of federal classification; taxation of incomes;, individual
and business taxpayers' liability; deductions, exemptions,
and credits; taxation of capital gains and losses; procedures;
and an introduction to partnership, trust, and corporate taxation.
Federal Jurisdiction
An advanced analysis of Federalism and the allocation of power
between state and federal courts, constitutional policy limitations
on jurisdiction, such as the abstention doctrine and principles
of equity and comity. Federal court intervention in state
court proceedings by injunction and habeas corpus also are
discussed.
Federal Taxation of Corporations
A study of basic taxation questions regarding corporate entities,
including organization and property transfers, dividends and
distributed income, accumulated earnings and undistributed
income, redemptions, liquidation, and dissolutions, and Subchapter
S corporations.
Gaming Law
An examination of issues relating to legal gambling. The primary
emphasis is on gaming in the United States, although other
countries are discussed. Topics include the proliferation
of legal gambling, common law and governmental licensing and
regulatory schemes, the right to advertise, the ability to
collect gambling debts, compulsive and underage gamblers,
taxation and bankruptcy, public welfare issues, and Indian
gaming.
Government Contract Law
An examination of the awarding and administration of government
contracts, litigating disputes, the budget and appropriations
process, procurement, advertising, negotiations, cost modifications,
quality control through warranty and inspection, government
assistance to contractors, termination of contracts, and remedies
to disputes.
Health Law
A review of significant issues in health law, including the
quality, accessibility, delivery, and cost of health care
services, as well as the major legal problems inherent in
the regulation of the health care system, with a focus on
legislative, judicial, and administrative developments.
Holocaust, Genocide and the Law
This course examines international human rights law through
the legacy of the Holocaust. Topics to be covered are (1)
the legal system in Nazi Germany; (2) prosecution of Nazi
war criminals at Nueremberg and subsequent prosecutions under
national legal systems, including the Elchmann trial in Israel,
and the work in the U.S. of the Office of Special Investigations
in the U.S. Department of Justice; (3) Holocaust denial, including
the Irving v. Lipstadt in England; (4) Holocaust and the internet,
including the Yahoo decision in France and laws in various
European nations dealing with hate speech and glorification
of the Nazi era; (5) Holocaust restitution litigation in the
U.S. to recover stolen wartime assets and; (6) legal legacy
of the Holocaust upon the current International Criminal Tribunals
for the former Yugoslavia and Rowanda, and the International
Criminal Court.
Immigration and Naturalization Law
A study of the legal issues surrounding United States migration:
federal government power in admission, deportation, and exclusion;
economic and political rights of aliens; illegal immigration;
and the acquisition of citizenship.
Insurance Law
A general survey of insurance law, with an emphasis on the
rights and obligations of insurers and insured in California,
the California Supreme Court's bad faith doctrine ruling in
Moradi-Shalal, developments in insurance reform, and the passage
of Proposition 103.
Intellectual Property Litigation
Examines problems involved in representing clients in pretrial
and at trial in intellectual property cases, including factual
investigation, negotiation, and specialized discovery and
evidentiary problems. Special emphasis will be placed on the
interrelationship between various types of intellectual property.
Prerequisite: At least one of the core courses (Patent Law,
Copyright Law, or Trademark Law).
International Animal Law
This class will look at animal law issues form an international
perspective, and in particular, from the perspective of the
relationship between European Union and the United States.
Some of the issues to be considered include: what laws of
interest exist in EU countries; what EU legislation touches
on animal issues; and what issues exist between the EU and
the U.S. on animal law, and more specifically the relevant
provisions in GATT. There will be a survey of traditional
animal law issues from a European perspective, such as the
property status of animals, damages recoverable for injury
or killing of animals, laws relating to fatory faming and
general anti-cruelty laws. The course work will be supplemented
with field trips, perhaps a bullfight and/or a trip to a local
humane association.
International Aspects of Gaming
Law
This course will consist of a comparative study of gaming
law in diverse jurisdictions and an examination of international
legal issues, particularly cross-border commerce. We will
look at how the law has developed over time and in different
locales, from mature regulatory systems, like Nevada (casinos)
and Hong Kong (race track) to jurisdictions that are creating
new systems, like Macao (casinos), the United Kingdom (Internet
gambling), and China (lotteries and racing).
International Business Litigation
An examination of litigation of international business disputes
in U.S. courts. Topics covered include: service of process
abroad; obtaining and challenging U.S. jurisdiction of international
business disputes; extra-territorial discovery; suing foreign
nations and their business entities in the U.S., and recognizing
foreign judgments in U.S. courts.
International Business Negotiations
A review of the principles involved in international business
negotiations with an emphasis on negotiation, arbitration
and mediation during the contracting process and as alternatives
to litigation in resolving civil disputes. Practical strategies
are discussed with an introduction to the role of the international
lawyer in each of the different processes with multinational
enterprises.
International Business Transactions
A review of international business transactions with an emphasis
on international sales, government controls, licensing, and
joint ventures; foreign direct investment laws, expropriation,
arbitration, foreign judgments, antitrust, and cartel issues.
Multinational enterprises and the role of the international
lawyer also are considered.
International Commerce: U.N. Convention
on the International Sale of Goods
The sale of goods by a seller in one country to a buyer in
another has become an increasingly important part of the world's
commercial activity. To establish a uniform law of contracts
for this form of international commerce, sixty-two countries
have signed the United Nations Convention on Contracts for
the International Sale of Goods (the "CISG). Knowledge of
the CISG is essential in the practice of international commercial
law. This course will focus on the CISG, which governs relationships
between buyers and sellers of goods in international commerce.
We will cover contract formation, terms and interpretation
of contracts, risk of loss, and damages for breach. In addition,
this course will compare provisions of the CISG with the Uniform
Commercial Code.
International Copyright Law
An examination of international treaties and trade agreements
involving copyright law. Topics include extraterritorial enforcement
of copyright laws, conflict of laws, the Berne Convention,
the GATT/TRIPS copyright provisions, the role of the WTO,
and restoration of copyright in works by foreign authors.
Prerequisite: Copyright Law.
International Criminal Justice
A study of international criminal offenses which include crimes
against the person, property, status, and inchoate offenses.
An analysis of the basic international legal principles will
include jurisdiction, sovereignty, principles of state responsibility,
human rights, laws of war, and legal restrictions on the use
of force. This course will also discuss international criminal
institutions including governmental and non-governmental organizations
such as the criminal laws of other countries and the United
Nations courts.
International Intellectual Property
This course will provide an introduction and overview to international
intellectual property law and policy, using as a framework
U.S. laws governing the acquisition and enforcement of trade
secrets, patents, trademarks, and copyrights. The course will
also include comparisons between U.S. intellectual property
laws and selected laws in other jurisdictions, where appropriate.
Relevant intellectual property treaties will also be discussed,
including the Trade Related Aspects of Intellectual Property
(TRIPS) agreement, the Berne Convention, the Paris Convention,
and the Madrid Protocol.
Note: Whittier Law Students who have completed
the course in International Trademark Law may not enroll in
International Intellectual Property. If you complete International
Intellectual Property, you may not enroll in International
Trademark Law.
International Law
An analysis of the basic principles and issues of international
law, including jurisdiction, sovereignty, principles of state
responsibility and human rights, laws of war, and legal restrictions
on the use of force. International organization law, United
Nations systems, use of international law in U.S. courts,
and institutional principles of European communities are also
addressed.
International Patent Law
An examination of international patent treaties and foreign
patent standards. Topics include extraterritorial enforcement
of patent laws, conflict of laws, European Patent Convention,
Paris Convention, GATT/TRIPS patent provisions, the role of
the WTO and foreign patent systems. Prerequisite: Patent Law.
International Trade and the WTO
The World Trade Organization is the centerpiece of an international
trade regime subscribed to by the United States, China and
144 nations. This course will give students an overview and
understanding of that international legal environment in which
cross-border trade goods and services is conducted.
International Trademark Law
A study of international treaties and trade agreements involving
trademark law. Topics include extraterritorial enforcement
of trademark laws, conflict of laws, Paris Convention, Madrid
Agreement, GATT/TRIPS trademark provisions, the role of the
WTO, and comparative law. Prerequisite: Trademarks.
Internet Law
A review of the application of intellectual property, libel,
contract, privacy, constitutional and criminal law to the
Internet. Topics include jurisdiction and choice of law, domain
name disputes, linking and framing, "spam," pornography,
and liability of third parties.
Interviewing, Counseling and Negotiation
A study of legal skills including client interviewing, counseling
and negotiating techniques with adverse parties prior to litigation.
Through case studies, instruction focuses on psychological
and technical considerations in law practice.
Introduction to French Law and the
Laws of the European Union (EEC)
This introduction course will examine the organization of
the French legal system (with some comparison with the U.S.)
with some historical perspective. This examination will include
a discussion of the sources and nature of the French civil
law system and the structure of the French judicial system,
including a discussion of French civil and criminal procedure.
The second half of the course will examine the European Union
"constitutional" law and its institutions, the application
of the EEC law to its member states and EEC international
law, and various issues raised by EEC law governing the internal
markets, competition and business law.
Introduction
to Spanish Law & Legal Systems
This course will survey the developments of Spanish law beginning
with the Roman Empire to the present. Some attention will
be given to the historical roots and influence of ancient
Moorish and Jewish cultures as well as understanding the ramifications
of the end of the Franco dictatorship. A significant portion
of the course will be devoted to introducing students to modem
Spanish civil law and its legal system.
Law
of Slavery
This course will investigate the origins, development, rationales
and uses of the law governing slaves and the institution of
slavery; examine particular applications of that law in such
areas as constitutional law, property law, contracts, marriage,
education and extradition; and trace the post-emancipation
effects of those doctrines and practices from Reconstruction
through the redemptionist movement, the Jim Crow period, the
civil rights movement and into the current post-civil rights
era. Attention will be given to ethical issues and to the
tensions between law and justice.
Juvenile Justice
An examination of statutory and judicial law as it applies
to abused, neglected, and delinquent children, juvenile abortion
rights, special laws regulating sexual behavior, and juvenile
rights in school.
Juvenile Law Advocacy
An examination through simulation and discussion of the special
legal rules and principles applicable to child dependency
trials and appeals, including mandatory mediation, detention,
disposition, and jurisdictional hearings, writs, and appeals.
Practical strategies for child witness, and for medical and
psychological expert witness examination, are discussed.
Labor Law
A study of the federal legal doctrines that regulate labor-management
relationships in the private sector, including union representation,
collective bargaining, strikes and lockouts.
Law & Medicine (Malpractice)
A review of medical malpractice, including plaintiff's rights
against physicians, hospitals, manufacturers, and suppliers.
The course considers the liability of medical professionals.
Lawyering Skills
An introduction to the theoretical structures in interviewing,
counseling, negotiation, and trial skills, that gives students
the opportunity to perform simulations of lawyering tasks.
This is the classroom component for the Externship Program.
The class includes discussions of externship experiences.
Legal Accounting
An analysis of business accounting problems, cost and revenue
matching, tangible and intangible asset valuation, depreciation
and amortization, inventory methods, surpluses, reverses,
and a brief study of double-entry bookkeeping.
Legal Analysis Workshop
An examination of hypothetical legal problems that arise in
first-year Torts and Contracts to improve writing and analytical
reasoning skills.
Legal Aspects of Contemporary Social
Problems
An analysis of judicial and legislative response to controversial
social issues. Subjects covered will vary.
Legal History
A survey of the major issues in American legal history from
the Colonial era to the present.
Legal Implications of the International
War On Narcotics Trafficking and Terrorism
This course will examine the balance between national security
and individual liberty in the international efforts to combat
narcotics trafficking and terrorism. Some topics that will
be discussed include: implementation of the National Drug
Policy and Program by federal and state agencies; surveillance
and disruption technique issues in the war against terrorism;
prosecutorial options in response to terrorism (e.g. military
commissions); the on-going debate concerning appropriate punishment,
incarceration, jurisdiction, extradition and the death penalty's
effects on international relations. This course will have
a comparative law focus, analyzing how the United States and
other countries are dealing with the problems of narcotics
trafficking and terrorism.
Legal
Policy Clinic
Legal Policy Clinic consists of a series of readings on various
non-litigation policy analysis and strategies. Students are
required to write on legal topics of his/her choice:
(1) Letter to the Editor;
(2) Legal analysis of a bill pending either in the Congress
or a state legislature; and one of the following:
(1) Petition for review;
(2) Petition to publish or depublish an appellate opinion;
(3) Amicus Curiae brief; or
(4) Community educational plan with course teaching
materials. One of the major goals of this course is to instill
in law students a desire and ability to engage in a lifetime
of pro bono legal public policy analysis and service.
Legislation
A review of the history and development of legislative decision
making; the organization and procedures of legislative bodies,
local, state, and federal; drafting and interpreting statutes;
and researching legislative history.
Legislative Drafting
An introduction to the preparation and drafting of statutes,
ordinances, and regulations to express the purposes of legislative
bodies; an overview of the legislative process is discussed.
Licensing and Technology Transfer
An examination of the application of contract law to intellectual
property, and the legal and practical difficulties involved
in obtaining rights clearances and drafting and enforcing
licenses.
Local Government Law
An analysis of the power of local governments, such as cities,
counties, and special districts, and the relationship between
local governments, states, the federal government, and each
other. Issues studied include liability of local governments
under state and federal laws, licensing, land use controls,
government contracting, local finance, the rights and duties
of government personnel, citizen participation, and researching
local government law.
Modern Real Estate Transactions
An examination of real estate sales and financing; subdivision
financing and development; planned unit development, condominiums,
cooperatives, and income-producing (rental) properties; and
tax considerations.
Native Americans and the Law
A study of the relationship between Native American tribes
and federal and state governments; the role of Congress, the
Bureau of Indian Affairs, and tribal governments; Native American
education; economic development on reservations; water, hunting,
and fishing rights; religion; criminal justice, and the role
of customary Native American laws; urban Native American rights;
and the status of California Native American "rancherias"
are examined.
Partnership Taxation
An overview of the federal income tax treatment of partnerships
and other entities, such as limited liability companies, taxed
as partnerships. The major topics include: contributions and
distributions from partnerships, substantial economic effect
regulations and special allocations, transfers of partnership
interests, shifting liabilities, and special basis adjustments.
Patent Law
An examination of property rights granted inventors under
federal patent laws and related state laws governing trade
secrets. Topics covered include the range of patentable subject
matter, rights possessed by patent holders and remedies for
patent infringement. Particular attention is given to problems
raised by new technologies, such as genetic engineering and
computer programming.
Patent Prosecution
An introduction to the basics of drafting patent applications
and supporting documents, and the prosecution of patents before
the Patent and Trademark Office. Prerequisite:
Patent Law.
Pretrial Litigation Skills and Strategy
An analysis of forum selection, pleading, motion practice,
investigation, and discovery tactics through courtroom simulation.
Public Interest Law
A review of the problems associated with providing legal services
to underrepresented people and interests. Topics will include
poverty law, homelessness, race and class issues in environmental
law, pro bono activities in the profession, and strategies
for change.
Recent Issues in Intellectual Property
A survey of current developments, including recent case law
and proposed statutory amendments, in a selected area of intellectual
property law, such as patent, trademark, or copyright law.
Prerequisite: Either Patent Law, Copyright Law or Trademark
Law.
Rights of Publicity
An analysis of statutory and case law recognizing a right
of celebrities and others to control the use of their names
and likenesses for commercial purposes. Topics include the
scope of the right, identification, infringement, relationship
to other types of intellectual property, and defenses, including
First Amendment implications.
Reproductive
Technologies and the Law
This course will explore the legal, medical and ethical world
of assisted reproductive technologies. We will begin by discussing
human reproduction and concepts of personhood, including government
intervention in reproductive decision making. The main focus
of the course will be charting the developments of reproductive
technologies such as in vitro fertilization, postmortem reproduction,
and human cloning. These technologies engender a host of issues,
including selective reduction of multiple pregnancy, preimplantation
genetic diagnosis, cryopreservation of human eggs and embryos,
and the sale of human gametes. In addition, we will discuss
recent developments in the field of human embryonic stem cell
research. The course will provide a multidisciplinary framework
for understanding these intriguing technologies.
Remedies
An explanation of the availability and limitations of equitable
and legal remedies, focusing on injunctions, declaratory judgments,
specific performance, reformation, rescission, restitution,
enforcement of decrees, and the problems in the merger of
law and equity.
Securities Regulation
A review of the law of securities regulation, developed through
the Securities Act of 1933, the Securities Exchange Act of
1934, state "blue sky" laws, and the judicial interpretation
and rule-making of the Securities and Exchange Commission.
Sex Discrimination
An investigation of how American Law treats women differently
from men or has significantly different effects on women's
lives and asks how the law should and whether it can change.
Topics include employment discrimination law, especially Title
VII of the 1964 Civil Rights Act; sexual harassment; the role
of women in the legal profession; conflicts between work and
family; marriage, divorce, child custody, abortion and new
reproductive technologies; and domestic violence, rape, and
pornography.
Special
Education Law
Representing families seeking education services for their
children is an expanding area of practice in California and
throughout the United States. This course will review relevant
state and federal legislation requiring the provision of special
education services to eligible children, with an emphasis
on the requirements of the Individuals with Disabilities Education
Act or "IDEA." Students will study relevant case
law, regulatory schemes, and gain an understanding of the
administrative advocacy process designed to assist disabled
children.
Sports Law
An examination of the legal relationships in the sports industry,
including player negotiations and contracts, leases, licensing,
leagues, and franchising.
Street Law
An interactive "teaching law" course in which students
earn credit teaching law to high school students under the
direction of a faculty member. Students review the law, explore
methods of teaching law to non-lawyers, and learn how to provide
a non-adversarial view of the law. Students engage in a critical
examination of legal problems of particular concern to teenagers
to better understand fundamental principles of authority,
fairness, justice and individual responsibility that underlie
the American legal system.
Trademarks and Unfair Competition
An examination of common law and statutory limitations on
unfair and deceptive competition outside the scope of the
antitrust laws. Topics include trademark law (including trademark
dilution), rights of publicity, misappropriation of trade
values and trade secrets, regulation of false and deceptive
advertising, unfair competition, and interference with contracts
and trade relations.
Trademark Prosecution
Teaches the basics of drafting trademark applications and
supporting documents, and the prosecution of trademarks before
the Patent and Trademark Office. Prerequisite: Trademarks.
Trial Advocacy (Civil or Criminal)
A combination lecture and clinical course based on an actual
courtroom trial. Emphasizes legal rules and principles applicable
to trials, as enunciated in statutory and case law, including
chamber conferences, jury selection, opening statements, trial
motions, witness examination, jury instructions, and final
arguments. Practical strategies for lawyers are discussed.
Prerequisite: Evidence.
Valuation of Intellectual Property
A discussion of various theories under which damages and lost
profits may be awarded and calculated for infringement of
intellectual property rights; and valuation of intellectual
property for purposes of taxation, sale of a business, estate
planning, and division of marital property.
White Collar Crime
An overview of substantive areas in economic crime and fraud,
such as antitrust, consumer protection, and investment fraud;
and an introduction to the principal investigation and prosecution
techniques used in undercover investigations, search warrants,
and the grand jury.
Wills and Trusts
A study of the methods of disposing of a donor's wealth during
lifetime and at death, with emphasis on the use of wills and
trusts.
Women, Law & Culture
This course is based on the relationship between three ideas:
(1) oppression of women is cross-cultural; (2) the particular
forms that this oppression takes are influenced by the culture
in which women live; and (3) the law is a reflection of culture
and thus creates and supports systems of oppression. The methodology
of the course will seek to avoid exploring these ideas from
a perspective that makes Anglo-American and European cultures
(Whether social or legal) the reference point. When discussing
issues such as female genital mutilation, the repressions
of extremist Islam, or child prostitution, it is tempting
(and all-too-typical) to point to cultures encouraging or
enforcing these practices as "other" and thereby exempt from
scrutiny Anglo-American and European legal and social cultures.
All cultures have culture, just as white people are not raceless.
Yet, this fear of culturally imperialist finger pointing should
not paralyze us. We are entitled, even required to care about
women who live in cultures other than our own. We will therefore
be seeking balance, in the middle path between the extremes
of ignoring the conditions of women's lives and challenging
these conditions from a position of cultural superiority.
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