This course focuses on the formation, elements, and enforceability of private agreements; the Statute of Frauds; third-party beneficiary contracts; assignment of rights and delegation of duties; liability for breach of contract; the law of conditions and discharge; and defenses to contract action. **Prior to Fall 2014, this course was offered as Contracts I (LAW 103) and Contracts II (LAW 104).**
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.
This course examines the federal income tax consequences of certain basic transactions involving corporations and their shareholders including: corporate formation, corporate capital structure, distributions to shareholders, redemptions, liquidations and corporate reorganizations under Subchapter C of the Internal Revenue Code (including acquisitions, divisive reorganizations and recapitalizations). This is a problem based course which explores the current law, the tax policy behind the current law and asks students to think about what the laws should be. Prerequisite: Federal Income Taxation (LAW 524).
A study of state and federal criminal offenses, including crimes against the person, property, status, and inchoate offenses. Both common law and statutory defenses are examined.
Although many law schools focus on trial advocacy skills (i.e. opening Statements, direct and cross examination, closing statements), few law school courses focus on what happens in a courtroom prior to trial, or after the trial. This course will introduce the law student who is specifically focused on a career in criminal law to the variety of motions made in a criminal courtroom, familiarize the student with the legal slang used to refer to such motions, and help the student to understand and argue the basics of these motions. Prerequisite(s): Criminal Law (LAW 105), Criminal Procedure (LAW 405) and Evidence (LAW 406).
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.
This class will examine the statutes of the Street Terrorism Enforcement and Prevention Act of 1988 [STEP] (criminalizing active gang participation) from a legal and practical standpoint, as well as from the perspective of both the prosecution and the defense. This course will provide an in-depth understanding of this expansive and ever-changing area of jurisprudence in California, and an analysis of how gang-related felonies proceed through California courts. It will include study of the complicated and frequently used theories of extended criminal liability used by prosecutors including conspiracy, aiding and abetting, natural and probable consequence theory and provocative-act murder. A study of selected evidence code sections and related case law will be included to facilitate an understanding of issues, as well as, common problems of proof at every gang trial. Prerequisite(s): Criminal Law (LAW 105) and Evidence (LAW 406)
A combination lecture and practical skills based on an actual courtroom trial. Emphasizes legal rules and principles applicable to trial, 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 (LAW 406).
This course takes up the issue of oppression through the lens of critical legal theory. Launched in the 1970s, critical legal theory and its family of offshoots (including Critical Race Theory, Feminist Legal Theory, Latina/o Crit Theory, and Queer Theory), does not merely criticize particular legal rules or outcomes, but larger structures of conventional legal thought and practice. According to critical legal scholars, dominant legal doctrines and conceptions perpetuate patterns of injustice by dominant social groups. Critical legal scholars argue that prevailing modes of legal reasoning pretend to afford neutral and objective treatment of claims while shielding structures of power from fundamental reconsideration. This course examines how powerful social groups systematically oppress social life via the law.
This international and comparative course introduces students to Cultural Property Law concepts globally. The course explores comparative policy, practice, ethics, rights and perspectives. Areas examined may include international agreements, laws, disputes and debate concerning the disposition and preservation of cultural property and heritage. Specific topics may include: cultural property and the law of war, the international cultural property debate, the illegal transfer of cultural property, archaeological looting, museum policy, historic preservation, the law of underwater cultural heritage, and indigenous cultural heritage appropriation and protection.