245. Accounting for Lawyers — Giannini
Survey of basic generally accepted accounting principles (“GAAP”) in the context of corporate business transactions, partnership formations and dissolutions, family law matters and public company reporting. How to read a financial statement in the context of a business formation, acquisition or sale; a divorce settlement; and litigation. Overview of the relationship of lawyers and accountants in a mutual client engagement. Not open to law students who have an extensive background in accounting or accounting courses. High Tech Law Certificate (Corporate Transactions track only). Approved IP LL.M. course. (2 units)
207. Administrative Law — Glancy, Manaster
Powers and duties of administrative agencies and the legal doctrines governing agency actions, such as rule making and administrative adjudication. Constitutional, legislative, and judicial controls over administrative practices and procedures are among the critical concerns of this course. Public Interest and Social Justice Law Certificate course. (3 units)
393. Advanced Copyright Law — Ochoa
Examines selected topics in copyright law in greater depth. Anticipated topics include the application of copyright law to computer software and the Internet, third-party liability for copyright infringement, restoration of copyright in works of foreign origin, and international copyright protection. Prerequisite: 385 Copyright Law. High Tech Law, International High Tech Law (List A) Certificate course. Approved IP LL.M. course. (2 units)
249. Advanced Corporations — Diamond
This course is the natural follow-up to the basic course in Business Organizations, which is a prerequisite. The course explores several areas that are important to the practice of corporate law, including valuation, finance, mergers and acquisitions, and corporate governance. No special background in corporate law other than Business Organizations is necessary, but a strong interest in the field is very helpful. A background in finance or accounting is not required, but comfort with numbers is important. The course is oriented towards students who plan to practice corporate law either at a law firm or as in-house counsel. However, the course will prove useful for anyone who plans to practice law in a business environment, particularly in Silicon Valley. The course could also be useful to students interested in policy issues related to the role of the corporation in American life and the role of corporate finance and governance in the global economy. Prerequisite: 248 Business Organizations. High Tech Law, High Tech Law (Corporate Transactions track), International High Tech Law (List A) Certificate course. Approved IP LL.M. course. (3 units)
446A. Advanced Criminal Law — Angove
Course will include examination and discussion on a variety of criminal law issues including: forensic evidence, sentencing, ethics, the death penalty, and recent case law interpreting criminal statutes. Class participation and individual research paper required. Prerequisite: 106 Criminal Law. Public Interest and Social Justice Law Certificate course. (2 units)
311. Advanced Criminal Procedure — Uelmen
Designed to provide an in-depth examination of how to litigate criminal cases in California for those pursuing a career in criminal defense or prosecution. Examining a criminal case beginning with an accused’s right to representation at a lineup and ending with counsel’s post-trial responsibilities, course highlights special problems concerning admissibility of evidence, search and seizure issues, prosecutorial and judicial misconduct, ineffective assistance of counsel, jury selection, the death penalty, and the impact of the "Three Strikes You’re Out" law. Each student is required to prepare and participate in a series of trial problems and research, write, and argue two motions. Prerequisites: 106 Criminal Law and 310 Criminal Procedure. 320 Evidence is not a prerequisite but is highly recommended. Public Interest and Social Justice Law Certificate course. (3 units)
209. Advanced Immigration Law — Parker
Course will be a natural progression for students after they obtain the basics of immigration law. Provides students with a more sophisticated look at the issues raised in the basic course by covering such topics as immigration law and gender issues. Prerequisite: 212 Immigration Law. International Law, Public Interest and Social Justice Law Certificate course. (2 units)
305. Advanced International Law Seminar — Toman
Specific, most important, and acute problems of international law: issues recently on the program of the United Nations International Law Commission; recent cases of the International Court of Justice or other courts and tribunals; most important issues discussed by the doctrine; practical issues of international law. Issues include customary rule of international law; general principles of law; responsibility of states for internationally wrongful acts; reservations to treaties; international liability for injurious consequences arising out of acts not prohibited by international law; unilateral acts of states; diplomatic protection; question of the protection and inviolability of diplomatic agents and other persons entitled to special protection under international law; legality of nuclear weapons; use of force in international relations (Kosovo, Afghanistan); issues relating to international terrorism; status of combatants; status of detainees in international armed conflict, and their protection in the course of criminal proceedings. Intellectual property international issues could be also included among the subjects for discussion. Basic knowledge of international law required. 215. International Law recommended. International Law, International High Tech Law (List B), Public Interest and Social Justice Law Certificate course. (3 units)
373b. Advanced Legal Analysis and Writing: Writing — Carter, Costanzo, Ekern, Hague, M. Jones, R. Jones, McQuade, Schwartz,
Formerly titled "Advanced Legal Analysis and Writing: Drafting". Writing course, designed to improve and refine students’ writing, analytical, and editing skills. The course offers a wide range of realistic legal writing projects, completed inside and outside of class. Writing is done under the direct supervision of the professor. Graded credit/no credit. Limited enrollment. (3 units)
374. Advanced Legal Research — Amjadi
This course is designed to teach “real-world” legal research skills that will prepare students for the kinds of research challenges that they will encounter in legal practice. Assignments and lectures will emphasize cost-efficient research strategies, legal technology and current awareness resources for attorneys, and Internet research. (2-3 units)
336. Advanced Legal Research: Foreign, Comparative and International Legal Research — Sexton
This course will familiarize students with primary and secondary sources in international law, primarily treaty research and the documents of international organizations and tribunals. It will also introduce students to researching the law of selected jurisdictions outside of the United States. International Law Certificate course. (1 unit)
642. Advanced Legal Research in Intellectual Property — Amjadi, DeGuzman
A hands-on course for those planning on specializing in intellectual property practice. Electronic research networks and use of proprietary publications will be featured. Graded credit/no credit. High Tech Law, International High Tech Law (List A) Certificate course. Approved IP LL.M. course. (1 unit)
373a. Advanced Legal Writing: Analysis — Costanzo, Harrington, Schwartz
This course is designed to build a mastery of essay exam writing relevant to both law school and the bar. In a small section environment, the course will focus on improving the learning and application of the law as well as writing under timed conditions. The professor will directly supervise regular writing assignments. This course is reserved for second year students in the Program of Directed Study. (3 units)
252. Advanced Patents — Almeling
Examination of advanced issues in patent law; focusing on decisions by the Court of Appeals for the Federal Circuit during the past year and selected major developments in other countries. Issues covered will include the public use and on sale bars, obviousness, disclosure requirements, inventorship and priority, inequitable conduct, claim interpretation, the doctrine of equivalents, and remedies, including a brief examination of the rules regarding appeals to the Federal Circuit. Students should have had a basic course on patent law or equivalent, or permission of the instructor. High Tech Law, International High Tech Law (List A) Certificate course. Approved IP LL.M. course. (2 units)
540. Advanced Torts — E. Wright, N. Wright
This course will provide upper division law students with the opportunity to study the areas of law which were eliminated from Torts when the course was reduced from six units to four units. These areas include Defamation (Common Law Background, Constitutional Limitations on Defamation); Privacy (Public Disclosure of Private Facts, False Light Privacy, Intrusion, Appropriation); Intentional Economic Harm (Misrepresentation, Interference with Contracts, Interference with Prospective Economic Advantage, Contracts and Tort in the Economic Sphere). Other potential topics include Introduction to Insurance, Incremental Tort Reform, Occupational Injuries – Workers’ Compensation, Motor Vehicle Injuries, and No-Fault Schemes. Public Interest and Social Justice Law Certificate course. (3 units)
331. Advanced Trial Techniques — Brown, Harris, Kulick, Singh
A two-semester course in advanced litigation skills and trial strategy. Selection for this course is based on student performance in a mock litigation exercise. Students participate in numerous exercises, conduct several complete trials, and represent Santa Clara University in two trial competitions during the year. Evening and weekend meetings required. Public Interest and Social Justice Law Certificate course. (3 units, fall; 2 units, spring)
300. Alternative Dispute Resolution — Spitko
This course is a survey of various dispute resolution alternatives to the traditional trial process. The focus is on arbitration, negotiation, and mediation. Among the objectives for this course are that each student gain familiarity with these processes, with certain skills that might prove helpful in negotiating or mediating the resolution of a dispute, and with certain factors that might be relevant in selecting the most appropriate method or methods of dispute resolution for a client. The arbitration section of the course generally follows a traditional, case-dominated approach. During the negotiation and mediation sections of the course, students have the opportunity to participate in several mock negotiation and mediation exercises that are designed to enhance understanding of the assigned readings. Students also view and critique videotaped portions of one or more negotiations and mediations. The class utilizes extensive group discussion. Finally, each student is required to submit a paper on a topic of her or his choice relating to ADR and is required to present the paper to the class. Public Interest and Social Justice Law Certificate course. (3 units)
519. Analytic Methods for Lawyers — Friedman
Topics include decision analysis, game theory and information issues, contracting, accounting, finance, price theory, economic analysis of law, and statistics. (3 units)
518. Animal Law — Evans, Page
Surveys the law’s treatment of animals by looking at the development of federal and state policies towards wild, domestic, and companion animals. Specific topics may include the history of animal law, the concept of animals as property, the application of tort and remedies law to injuries to pets, protection of animals by cruelty and other laws, the role and regulation of animals as food, and the regulation of animals used for research. The course will incorporate legal concepts from other fields; encourage critical thought and new approaches to doctrines developed in these other fields, and address a broadened integration of the realities of animals and society with the particularities of the law. Public Interest and Social Justice Law Certificate course. (3 units)
225. Antitrust — Sandoval
Legislative limits on free market transactions. Survey covers restraints of trade, such as price-fixing, market division, exclusive dealing and tying, monopolization, and mergers. A rudimentary knowledge of economic theory is required to understand court decisions, but many students master the few necessary economic principles during the course despite a lack of prior work in economics. High Tech, International High Tech (List A and B), International Law, and Public Interest and Social Justice Law Certificate course. Approved IP LL.M. course. (3 units)
525. Assisted Reproduction, Cloning and Genetic Engineering — Macintosh
Formerly “Cloning and Genetic Engineering”. This seminar will focus on cloning and genetic engineering: two emerging biotechnologies that challenge our understanding of what it means to be human. Topics include: science of cloning; psychological reactions to cloning, as revealed in film and literature; a critical examination of political and philosophical objections to cloning; analysis of laws against cloning, including their constitutionality under the First and Fourteenth Amendments; science of genetic engineering; political and philosophical objections to genetic engineering; eugenics; and the constitutionality of laws that may be enacted against genetic engineering. High Tech Law, International High Tech Law (List A), and Public Interest and Social Justice Law Certificate course. Approved IP LL.M. course. (3 units)
337. Bioethics and the Law Seminar — Quinn
This seminar investigates legal, ethical, and social problems caused by developments in medicine and the biological sciences. Particular emphasis is placed on moral reasoning and ethical theory. Topics include abortion, reproductive technologies, human stem cell research, death and dying, and reform of the American health care system. Public Interest and Social Justice Law Certificate course. (2 units)
382. Biotechnology Law Seminar — McGarrigle, Norviel
This course will introduce you to the issues encountered when starting up a biotech company and afterwards. The course examines a variety of legal topics related to the biotechnology industry, such as the initial financing, the regulatory environment, intellectual property, licensing, antitrust and practical uses of biotechnology. 248. Business Organizations highly recommended. High Tech Law, International High Tech Law (List A), and Public Interest and Social Justice Law Certificate course. Approved IP LL.M. course. (2 units)
533. Broadband Regulatory Clinic — Hammond
The Broadband Regulatory Clinic provides students with the hands on experience of providing research, writing and filing policy comments on behalf of clients seeking representation in hearings before the California Public Utilities Commission (CPUC) and/or the Federal Communications Commission (FCC). Over the duration of the one semester clinic, students will interface with community-based, education, traditional civil rights, municipal and/or small business organizations to address timely cutting edge broadband regulatory issues before state or federal legislative and/or regulatory bodies. In addition, students will be required to write a substantive paper on a timely regulatory topic agreed upon by the student and the professor. Enrollment will be limited. Students who have taken Mass Communications will have priority for purposes of placement in the clinic. High Tech Law, International High Tech Law (List A), and Public Interest and Social Justice Law Certificate course. Approved IP LL.M. course. (3 units)
248. Business Organizations — Diamond, Han, Klein, Yosifon
Brief study of agency, partnerships, and limited liability companies, focusing chiefly on the investor’s potential personal liability and right to participate in enterprise control. Intensive investigation of the structure and characteristics of the modern business corporation, both the large, publicly held enterprise and the small, closed-ownership, group-type business. Promotion and organization of corporations, distribution of power between management and shareholders and the manner in which such power may be exercised, limitations on corporation powers imposed by the fiduciary principle and by federal regulation, and enforcement of corporate duties through shareholders’ derivative suits and other actions. Bar course. (3 units)
250. Business Planning — Shugart
This is a practical class that merges the “lawyer as legal counsel” with the “lawyer as business advisor.” Exploration of the basic legal issues involved in the life of a business enterprise (e.g. formation, financing and exit strategies), and application to real life situations. Prerequisite: 248 Business Organizations. 270 Federal Income Tax is extremely helpful, but not required. (3 units)
504. California Civil Procedure — Manoukian
Designed to introduce students to the actual workings of the California civil system. The procedures attendant on the litigation process from considerations prior to the filing of a complaint through the drafting of pleadings, motions, various discovery devices, trial-setting procedures, and procedures during and after trial. Public Interest and Social Justice Law Certificate course. (2 units)
452. California Post-Conviction Procedures — Hyman, Pennypacker
Deals with limited proceedings after conviction. Topics include an overview of current sentencing laws, post conviction motions, pleas of guilty, distinction in seriousness of crimes, eligibility for probation, prior convictions, conditions of probation, specific crimes/specific conditions, state prison sentencing, violations of probation, determinate sentencing law, life terms, sexual assault sentencing, domestic violence and drug court sentencing, three-strike sentencing, removal of criminal convictions from record. Public Interest and Social Justice Law Certificate course. (3 units).
403. Children and the Law Seminar — N. Wright
Seminar will focus on child abuse and neglect; also considers a broad range of other issues involving the conflicts between the legal rights of children and the legal rights of their parents and the state. First considers potential parental violations of the legal rights of their children, such as prenatal maternal substance abuse, “battered child syndrome” and other physical abuse, domestic violence, failure to thrive and other psychological abuse and intra-familial sexual abuse. Also explores parental failure to provide their children with the basic necessities of life, such as food, housing, supervision and medical care. Considers the impact of poverty and homelessness on the ability of parents to meet their children’s needs. The legal rights of children to an education, focusing in particular on the state’s duty to provide special education for disabled minors. In addition, the impact that cultural differences can have on some of these issues. The seminar will then explore the conflicts between the legal rights of children and the state authority within the juvenile justice system to regulate the lives of dependent children and their families. The alternatives available to the juvenile court for long-term placement of dependent children, such as foster families, as well as the appropriate standards for determining when parental rights should be terminated. Finally, the class will briefly consider the legal plight of children in other countries, including such topics as the proliferation of street children, the use of children as soldiers, and the trafficking in children for sexual purposes. Public Interest and Social Justice Law Certificate course. (3 units)
219. Chinese Trade and Investment Law — Han
Survey of recent Chinese economic legislation with special emphasis on foreign trade and investment. Study of various legislative and practical considerations involved with doing business with China. Consideration of issues, such as how specific legislation assists Chinese economic development and how these laws and regulations have an impact on foreign businesses. International Law, and International High Tech Law (List B) Certificate course. (2-3 units)
338. Citizenship — Gulasekaram
Seminar explores the concept of citizenship as a good that sovereignties distribute. Readings will focus on how nations choose to distribute citizenship, what citizenship entails, what it should entail, and what rights or privileges are or should be conditioned on citizenship. Course requires a substantial research paper as final assignment. Prior course work in immigration law may be helpful, but is not necessary or required. International Law, and Public Interest and Social Justice Law Certificate course. (2 units)
590. Civil Practice, High Tech, and Social Justice Internship and Seminar — Magliozzi
Students learn about the functioning of lawyers through practical experience in law offices, governmental entities, nonprofit corporations, or high-tech companies. Concurrently, students' work experience will be critically examined to provide students with insights and concepts for continuing to improve performance as a lawyer. Students work under the direct supervision of a California licensed lawyer, for a minimum of 225 hours during the semester in which the accompanying academic course of instruction is offered. The internship includes observation of/or participation in several of the following activities: interviewing and counseling; fact and law investigation and organization; resolution of client problems in non-adversarial contexts (e.g., drafting contracts, tax advice, estate planning); resolution of client problems in an adversarial context (e.g., negotiation, court appearances in various proceedings, drafting of litigation documents); internal office affairs (e.g., file management, client communications, office policy and procedure). Students also attend a seminar that meets 15 hours throughout the semester. Requirements for the seminar may include assigned readings, journals through which students describe and reflect on the experience and individual consultations with the professor. Course credit will be awarded only on satisfactory completion of both the fieldwork and the seminar. Students must complete both components simultaneously. Graded Credit/No Credit. Prerequisite: 114 Pleading and Civil Procedure. (4 units)
339. Climate Change: Legal Institutional Responses — Burns
This course will focus on national and international institutional responses to the gravest environmental global threat of this century and beyond. Topics to be covered include: an overview of climate change science and potential impacts of climate change, the primary international instruments to address climate change (the United Nations Framework Convention on Climate Change and the Kyoto Protocol); national responses to climate change, with an emphasis on the policies of the United States, and the role of climate change litigation at the sub-national, national and international levels. Public Interest and Social Justice Law Certificate course. (3 units)
297. Coastal and Ocean Law – Burns
This course provides an overview of the major themes in the contemporary uses of the world's oceans and coastal regions and the legal institutions that govern such uses at the state, national and international levels. Topics covered include: legal mechanisms for delimitation of marine boundaries and jurisdiction; common law and major acts protecting coastal zones and natural resources in the United States. International regimes to protect marine habitats and critical ecosystems, fisheries and marine mammal conservation regimes. International Law, and Public Interest and Social Justice Law Certificate course. (3 units)
256. Commercial Financing — Neustadter
Formerly “Secured Transactions”. Fundamentals of secured transactions under Article 9 of the Uniform Commercial Code. Attachment, perfection, and priority of security interests in personal property collateral, and rights of secured creditors and debtors on default. (3 units)
255. Commercial Transactions — Macintosh
Examines fundamentals of negotiable instruments (promissory notes and checks), credit cards, wire transfers, letters of credit, and other payment methods often used in general practice and commercial transactions. Topics include the holder-in-due-course doctrine, wrongful dishonor, stop payment, and allocation of losses caused by forgery or alteration. Articles 3, 4, 4A, 5, and 7 of the Uniform Commercial Code are emphasized. Public Interest and Social Justice Law Certificate course. (3 units)
513. Community Economic Development — Head
Topics include: introduction to community economic development, community-based organizations and tax issues, representing nonprofit organizations, roundtable discussion with practitioners, housing and commercial development strategies, job access strategies, child-care strategies, finance strategies, and remedies in litigation. Public Interest and Social Justice Law Certificate course. (2 units)
290. Community Property — Goda, Schwartz
A specialized, primarily statutory course in the California law of marital property. Classification of property as separate or community, management and control, liability for debts, problems on dissolution of the community. Bar course. (2 units)
345. Comparative Government Spending Policies — Scott
This interdisciplinary policy course addresses selected issues in some government benefit programs, such as agricultural subsidies, Social Security, parental leave, and Medicare. To enlighten and enrich the discussions of the policy implications of these programs and proposed revisions of them, students will compare them to programs in foreign countries. This course may be of special interest to Public Interest and International Certificate students. Students will write a final paper and make interim policy reports. Public Interest and Social Justice, and International Law Certificate Course. (3 units)
438. Comparative Law Seminar — Cooper, Mueller-Chen, Schneider, Scott, Toman
Examination of the history, structure, and institutions of civil law, common law, and socialist legal traditions. Although several class meetings and individual research examine substantive law, emphasis is on study of legal systems and traditions. Primary focus is private law (the equivalent of common law system’s civil obligation); some comparative constitutional law and criminal procedure. International Law, and International High Tech Law (List B) Certificate course. (2-3 units)
799. Computer and High Technology Law Journal — Hammond, Ochoa, Sandoval
The Santa Clara Computer and High Technology Law Journal focuses on one of the newest areas of the law. The Journal provides a practical resource for both the high tech industry and the corresponding legal community. Topics covered include: intellectual property (patent, trademark, copyright, and trade secret); technology licensing; contract and tort liability for technology failures; employer/employee relations; unfair competition; venture capital and other financing; computer crime and privacy; bio-technology; and hazardous waste management. All upper-division law students are eligible to participate in the publication of the Journal. Eligibility for the Board of Editors requires completion of assignments as an Associate. Associate duties include 65 hours of articles editing and the submission of a publishable comment. Upon completion of a publishable comment, Associates meeting the minimum GPA requirement of 3.00 are eligible to interview for Editor positions. Editors serve a one-year term requiring a 300-hour commitment. For more information about becoming an Associate or Editor, go to www.scu.edu/techlaw or email CHTLJ@scu.edu. Graded credit/no credit. (1-4 units)
220. Conflict of Laws — Jimenez
Study of the problems that arise when the domiciles of the parties or other significant facts concerning a controversy are connected with states other than the state in which litigation occurs. Problems of jurisdiction of courts, choice of law, the effect of foreign judgments, and constitutional limitations. International Law Certificate course. (3 units)
426. Constitutional Law Seminar — Russell
Intensive study of the U.S. Supreme Court. A chronological survey of the history of the Court, covering, for each historical period, the socioeconomic background, justices, leading cases, dominant legal ideas, and major developments in selected areas of law; a more detailed analysis of the contemporary Court, tracing the main developments during the Warren and Burger eras in specific areas, such as race relations, criminal procedure, legislative districting, free speech, privacy, economic regulation (poverty law, labor law, trade regulation, etc.), activism/restraint, and federalism. Public Interest and Social Justice Law Certificate course. (2-3 units)
265. Consumer Mini-Course — E. Wright, Maurer, Rubin
This course if offered over one weekend and meant to provide in-depth coverage of a single consumer protection issue that is not possible in the 3-unit Consumer Protection class. The particular subject matter of the course will rotate between selected statutes that private attorneys focus on in real world consumer practices. Examples include Fair Debt Collection (focusing on Federal and State statutes enforceable by private attorneys) and Fair Credit Reporting (focusing on the Federal Fair Credit Reporting Act). Check the course schedule to determine the focus of this year's mini-course. The course can be taken along with the regular Consumer Protection course or as a separate 1-unit class. Public Interest and Social Justice Law Certificate course. (1 unit)
231. Consumer Protection — E. Wright, Maurer
This course examines both Federal and California Consumer Protection Statutes. Emphasis is placed on statutes that can be enforced privately by consumers and their attorneys. The course attempts to focus on the claims that are most often prosecuted by private consumer attorneys and by students at the Alexander Community Law Center. Major subject areas include auto fraud, unfair debt collection, Truth in Lending, and consumer class actions. Public Interest and Social Justice Law Certificate course. (3 units)
437. Contemporary Legal Theory Seminar — Armstrong, Player, Russell
In-depth examination of one or more contemporary legal theories chosen by the instructor. Check with instructor. Course may require a paper, an exam, or both. Public Interest and Social Justice Law Certificate course. (2-3 units)
380. Contemporary Technology Agreements — Jevens
This course covers a wide variety of technology-related agreements, other than traditional license agreements, encountered in technology law practice. These agreements include NDAs, reseller, professional services, VAR, distribution, manufacturing, and other agreements that are frequently used by law firms and technology companies. The course emphasis is on understanding and drafting agreements. 228 Technology Licensing as a prerequisite is recommended, but not required. High Tech Law, and International High Tech Law (List A) Certificate course. Approved IP LL.M. course. (2 units)
385. Copyright Law — Glancy, Ochoa, Zimmerman
In-depth examination of the current status of copyright doctrines under the 1976 Copyright Act. Consideration of principles historically developed under the common law and the 1909 act. Emphasis on the traditional realms of copyright: literary, musical, and artistic works. Exploration of recent copyright developments in computers, video recording, and other modern technologies. High Tech Law, and International High Tech Law (List A) Certificate course. Approved IP LL.M. course. (3 units)
516. Corporate Governance Seminar — Polden, Yamate
In this seminar course, students will study and discuss the critical issues faced by general counsels of public and privately held companies in today's changing corporate environment, including issues relating to fiduciary duties, corporate governance, public disclosure, activist shareholders, corporate investigations and ethical dilemmas. Corporate governance--the legal framework around how corporations are managed, controlled, governed and operated--will be a key focus of this course. Students will examine both the practical problems and the legal/theoretical underpinnings of these issues and will produce at least one major research paper on a relevant topic. Prerequisite: 248 Business Organizations. (2 units)
541. Corporate Theory and Policy — Yosifon
This course will pursue an advanced understanding of the nature of the corporate form and its place in contemporary American society. The course will begin with a critical examination of the history of the corporation, with attention given to the economic, political, social, and cultural dynamics implicated in the form’s rise to its current status as the dominant mode of business organization in the United States. The course will then pursue study of dominant, ascendant, and descendant theoretical perspectives on the corporation, including those advanced by law and economics, law and behavioralism, law and society, as well as Marxism and other critical perspectives. Special attention will be given to the present-day public policy implications of each of these competing visions of the corporation in modern society. Topics will include, but are not limited to, theories of the firm and capital markets, the problems and promises of limited liability, corporate governance and the possibilities of shareholder democracy, the shareholder primacy norm and the plausibility of multiple-constituency requirements, and the political rights and influence of corporations in modern society. Prerequisite: 248 Business Organizations; readings will be demanding but will not require specific background in any particular intellectual tradition. (2 units)
591. Criminal Justice Internship and Seminar — Nishigaya, Magliozzi
The course integrates practical experience gained from working in public agencies that prosecute or defend individuals accused of crimes (e.g., district attorney, public defender) with a seminar focusing on selected issues in the administration of justice. Such issues include the organization and administration of prosecutor and public defender offices, prosecutorial screening, and relations with police agencies, plea bargaining, and sentencing. Students work in an appropriate public agency, under the direct supervision of a California licensed lawyer. Students must also attend a seminar that meets intermittently during the semester. Requirements include assigned readings, participation in seminar meetings, and the preparation of a paper on an assigned topic. A minimum of 150 hours of work in the public agency is required. This work may be undertaken in the fall, spring, or summer of an academic year. Students must complete the fieldwork and the seminar simultaneously. Course credit will be awarded only on satisfactory completion of both the fieldwork and the seminar within the time frames described above. A student earns 3 units of credit for 150 hours of fieldwork with the seminar and 4 units of credit for 225 hours of fieldwork with the seminar. Graded credit/no credit. Prerequisite: 106 Criminal Law. Public Interest and Social Justice Law Certificate course. (3-4 units)
591. Criminal Justice Internship: Criminal Defense — Greenwood, Kreitzberg, Mandel, Magliozzi
Students will be placed at the Santa Clara County Public Defender Office. Students will be given the opportunity to represent real clients and to work on their cases at arraignments, pre-trial conferences, the motion calendar and, if necessary, at trial. The first week students will learn all facets of misdemeanor practice from arrest through sentencing and probation. The second week, students begin supervised work in a courtroom and will be required to prepare the files before court with a senior attorney. This means the student must perfect discovery, direct investigation, write and argue motions, and assist clients in the settlement of their cases. Whether a student is permitted to conduct a trial depends on their experience, progress, and aptitude. If there is a trial, a senior member of the Public Defender Office would help prepare the case and accompany them, at counsel table, throughout the proceedings. The program requires a great deal of commitment by a student to be able to take advantage of the opportunity to work on real cases. The lessons learned in this clinic will be invaluable for any students who expect to practice in the criminal justice system. Students may not participate in this clinic while working in law enforcement or in the district attorneys office. Graded credit/no credit. Prerequisite: 106 Criminal Law. Public Interest and Social Justice Law Certificate course. (3-4 units)
310. Criminal Procedure — Kroeber, Steinman, Uelmen
Introduction to the procedure for the enforcement of criminal law. Special emphasis on the constitutional rights of the criminal defendant, including right to counsel, search and seizure, self-incrimination, wiretapping and electronic eavesdropping, police interrogation and pre-trial identification, and the use of illegally obtained evidence. Bar course. Public Interest and Social Justice Law Certificate course. (3 units)
333. Critical Race Theory — Bostian
This advanced seminar introduces students to key writings in critical race theory. Explores critical race theory’s central themes, including the permanence of racism; the role of rights and civil rights laws; and the relationship between race, gender, sexual orientation and law. Public Interest and Social Justice Law Certificate course. (3 units)
793. Cyberspace Law — Goldman
Evaluates the emerging body of law relating to cyberspace, including the Internet, online services, bulletin boards, and Web sites. Given the newness and complexity of the technology, special attention will be paid to the application of existing laws and models to cyberspace. Also examines the difficult problem of system operator liability for the actions and statements of their users. Class discussions will consider practical, day-to-day approaches to current problems and the business issues faced by clients. High Tech Law, and International High Tech Law (List A) Certificate course. Approved IP LL.M. course. (3 units)