260. Debtors’ and Creditors’ Rights — Neustadter
Exploration of methods by which creditors can seek satisfaction of debt and the methods by which debtors can seek relief from or discharge of debt under both state collection law and federal bankruptcy law. A portion of the course is devoted to exploring these issues in the context of consumer debtors. The remainder of the course is devoted to exploring these issues in the context of small- or moderate-size businesses. Public Interest and Social Justice Law Certificate course. (3-4 units)
401. Domestic Violence Seminar — Hyman, Saffren
Examination of the legal system’s response to domestic violence using an interdisciplinary approach. The legal (criminal and civil) and social issues regarding domestic violence will also be examined. The dynamics of domestic violence will be studied in great detail, including the use of collaborative and cooperative approaches to domestic violence prevention and accountability. Such approaches include domestic violence councils, use of mental health professionals, and specialized domestic violence courts in adult criminal, family law, and juvenile domestic violence, and dependency law cases. Student will have the opportunity to participate in field trips to specialized courts and domestic violence intervention programs. Public Interest and Social Justice Law Certificate course. (3 units)
415. Drug Abuse Law Seminar — Uelmen
Lecture/discussion sessions interspersed with workshop sessions in which students examine and cross-examine guest experts from a variety of disciplines. Begins with medical, sociological, and historical data on the drugs most commonly abused and their legal classifications. Sessions are then devoted to possession and trafficking offenses, law enforcement techniques, constitutional defenses, and sentencing and treatment alternatives. Guest experts include a police chemist, an experienced narcotics officer, psychiatrists, and physicians. Public Interest and Social Justice Law Certificate course. (2 units)
539. E-Discovery — Dolkas
Complex litigation often involves the collection, production, management and analysis of massive amounts of electronic data. This course considers the legal and operational issues associated with such processes. Prerequisite: 114 Pleading and Civil Procedure. High Tech Law, and International High Tech Law (List A) Certificate course. Approved IP L.L.M. course. (1 unit)
241. Economic Analysis of Law — Friedman
Discussion includes, but is not limited to, property, contract, criminal, tort, and family law. The fundamental objective is to understand and evaluate legal rules by asking how rational individuals can be expected to respond to them. Economic theory provides an approach that reveals common elements in areas of law traditionally regarded as distinct. (2-3 units)
294. Elder Law — Hawks
Addresses legal issues that impact older individuals, including a discussion of government benefits (Social Security, Medicaid, Medicare, and SSI), long-term care (types, contract issues, civil rights, and financial planning), guardianship and conservatorship, planning for incapacity, and health care decisions at the end of life. Emphasizes planning techniques for the average older client. Public Interest and Social Justice Law Certificate course. (2 units)
537. Employee Benefits Law ("ERISA") Seminar –Winter
Employee Benefit and executive compensation issues arise in the context of business formation and transactions; labor negotiations; trust and fiduciary relations; and health care; as well as spawning much litigation. The area is dynamic, being the subject of continually changing laws and regulations. Attorneys with knowledge in this area are generally well sought after in both private practice and industry. The course is designed as a seminar with a research paper and presentation required. Discussion will focus on the Employee Retirement Income Security Act of 1974, ("ERISA"), including key provisions of the Internal Revenue Code impacting employee benefit and executive compensation plans. Relevant labor and securities laws issues will also be addressed. Public Interest and Social Justice Law Certificate course. (3 units)
238. Employment Discrimination — Player, Spitko
Intensive analysis of current employment discrimination laws from both employee and employer perspectives, including Title VII of the Civil Rights Act of 1964 (amended 1972), Equal Pay Act, Age Discrimination in Employment Act, and Rehabilitation Act. Public Interest and Social Justice Law Certificate course. (3 units)
239. Employment Law — Spitko
Covers a number of areas largely, but not completely, left uncovered by Labor Law and Employment Discrimination, including: background material on employees’ rights under common law, early case law, and why certain rights have developed; hiring methods (tests and screening devices); terms and conditions of employment (wage and hour issues, fringe benefits [ERISA, COBRA], medical leave, etc.); conditions of employment (grooming, sexual harassment, privacy, etc.); workplace safety and health (OSHA, workers’ compensation, etc.); wrongful termination (erosion of the at-will doctrine, the covenant of good faith and fair dealing, public policy, ADEA, FEHA, whistle-blower protection, public employee protection, constructive discharge, covenant not to compete, trade secrets issues, etc.); and unemployment and retirement issues (employer bankruptcy, plant closings under WARN, unemployment insurance benefits eligibility, private pensions protection under ERISA and rights to social security pensions). While Employment Discrimination is not a prerequisite, it is helpful. Public Interest and Social Justice Law Certificate course. (3 units)
649. Entertainment/New Media Law — Greenspan, Shaeffer
This combined course will survey the legal aspects of the creation and distribution of content in the entertainment industry and the various agreements used to structure deals in the industry. The course will explore the similarities and differences in the exploitation of intellectual property in the television, film, music and video game industries. The course will evaluate not only relevant copyright, trademark and competition issues but will also teach the practical aspects of how deals get done. Grades will be based on paper as well as a contract negotiation exercise. High Tech Law, and International High Tech Law (List A) Certificate course. Approved IP LL.M. course. (3 units)
414. Environmental Law Seminar — Manaster
Advanced exploration of legal issues involved in current efforts to halt degradation of the environment. Emphasis on major responsibilities of environmental lawyers in serving environmental protection goals, as well as key considerations of justice. Topics include fairness in enforcement proceedings, citizen access to regulatory decision making, and “environmental racism” impacts of hazardous waste facility siting. Students select individual or small group research projects and presentations on environmental law topics. Prerequisite: 288 Environmental Protection. Public Interest and Social Justice Law Certificate course. (3 units)
288. Environmental Protection Law — Manaster
A comprehensive introduction to environmental law. Emphasis on fundamental common law doctrines and judicial remedies, as well as modern environmental regulatory systems under statutes such as the federal Clean Air Act, Clean Water Act, National Environmental Policy Act, and other statutes relating to hazardous substances and wastes. Designed to develop the skills and understanding necessary for effective work by the lawyer involved in environmental matters in any capacity. Public Interest and Social Justice Law Certificate course. (3 units)
455. Estate Planning — Cain, Morse
This course will feature practitioner lectures and will focus on selected advanced topics in estate planning, including the use of life insurance trusts, planning for unmarried couples, charitable gifts, and planning for specific assets such as the personal residence and retirement plans. Students are expected to know the basics of federal estate and gift taxation in order to enroll in this course. Students will be graded on the basis of a final ten page paper that focuses on one of the areas covered in the course. Pre-requisite: Family Wealth Management or permission of the professor with sufficient alternative pre-requisites. (1 unit)
221. European Union Law —Toman
Focuses on the integration of Europe. Includes considerations of comparative federalism, with a focus on separation of powers among community institutions, the principle of “subsidiarity,” and the lawmaking and enforcing process. Substantive areas, such as freedom of movement of persons and goods, environmental protection, and the rights of community citizens are also covered. Antitrust not covered. International Law, and International High Tech Law (List B) Certificate course. (3 units)
396. External Moot Court — Carter
Each year the school enters student teams in a number of inter-school competitions. Many of the competitions are formed and problems distributed late in the fall semester, with briefs due and oral arguments held during the spring semester. To receive credit each team must have a faculty advisor, and each team member must have the advisor’s permission to enroll. Eligibility to participate and receive credit therefore is limited and will be based on application and demonstration of ability. (2 units)
291. Family Law — Cochran
A comprehensive introduction to the legal regulation of the family. The course focuses on contemporary legal issues, supplementing case material with historical and social science research and drafting, interviewing, and other exercises that require application of the materials. Coverage includes marriage, non-marital relationships, divorce, custody, support, and the legal issues posed by nontraditional families. Public Interest and Social Justice Law Certificate course. (3 units)
274. Family Wealth Management — Cain, Donovan
Formerly "Estate Planning and Taxation". A tax-oriented planning course covering the tax concepts essential to the planning of estates. Includes techniques for transferring wealth during life and death, including federal transfer tax consequences, use of trusts, and planning for family succession. Course also covers some non-tax aspects of estate planning, such as planning for incapacity and probate avoidance. Essential for any student who expects to be involved in the planning of estates, either as a specialist or as part of a more general practice. Teaching primarily by the problem method with numerous practical applications. Limited enrollment. Prerequisite: 281 Wills and Trusts. (3 units)
322. Federal Courts and Jurisdiction — Angove, Ware
Introduction to the nature and operation of the federal court system. The judicial power of the United States, the nature of a federal question, diversity of citizenship, jurisdictional amount, removal jurisdiction. The Erie Doctrine and abstention. State/federal relations, habeas corpus, and civil rights litigation. Appellate jurisdiction of the Courts of Appeal and the U.S. Supreme Court. Prerequisite: 114 Pleading and Civil Procedure. High Tech Law, and International High Tech Law (List A) Certificate course. Approved IP LL.M. course. (3 units)
335. Federal Courts: Constitutional Litigation & the Dual Court System — Love
This course focuses on the dual court and dual law system (federal and state courts applying both federal and state law) that has developed in the United States. Throughout the course, there will be an emphasis on constitutional tort litigation (actions against government officials for violations of the United States Constitution). Specific topics to be covered include the supremacy of federal law; preemption; federal incorporation of state law; federal and state court jurisdiction over cases arising under federal law; judicial federalism (including various abstention doctrines); and the Eleventh Amendment. The course will conclude with an in-depth study of constitutional tort litigation, including the scope of the plaintiff's rights in constitutional tort actions; the types of immunities that may be invoked by a defendant; and the range of legal and equitable remedies that are potentially available to a successful plaintiff. Public Interest and Social Justice Law Certificate course. (3 units)
276. Federal International Taxation — Morse
Formerly "Federal Taxation of Foreign Income and Foreign Transactions". The application of general rules of federal income taxation to foreign persons and to foreign income of U.S. citizens and residents, including the special provisions applicable only to foreign persons and/or foreign income. The jurisdictional bases for U.S. tax, the source of income, tax situs of property, allowance of expenses and deductions, exemption for income earned abroad, foreign tax credits, reporting and return requirements, and the impact of U.S. tax treaties. The treatment of foreign corporations and businesses, including foreign personal holding companies and the controlled foreign corporation concept. Does not cover the tax laws of any other country or compare U.S. and foreign tax structures or approaches. Prerequisites: 270 Federal Personal Income Taxation. International Law, High Tech Law, and International High Tech Law (List A and B) Certificate course. Approved IP LL.M. course. (3 units)
270. Federal Personal Income Taxation — Fradkin, Joondeph, Winter, Cain
The federal income taxation of individuals. The concept of income, exclusions from income, personal and business deductions, sales and exchanges of property, when income is taxable, and to whom it is taxable. A statutory law course based on the provisions of the Internal Revenue Code and judicial and administrative interpretations thereof. (3 units)
340. Federal Taxation of Business Entitities — Morse
Topics include an overview of the different forms of business entities and their income tax classifications, partnership taxation and corporate taxation. This course replaces 272 Federal Corporate Income Taxation and 279 Partnership Tax. High Tech Law, and International High Tech Law (List A) course. Approved IP LL.M. course. (4 units)
210. Food and Drug Law — A. Russell
Any lawyer employed by an FDA-regulated manufacturer in any capacity, or who seeks to represent or advise an FDA-regulated manufacturer, including not just regulatory law but also contract negotiation or patent prosecution, should be acquainted with the regulatory milieu in which the company operates. Topics for this course include: FDA history, structure, regulatory environment; intended use of food, labeling, misbranding, adulteration, safety of constituents; dietary supplement labeling, identity and quality, and safety; labeling of conventional food and dietary supplements; regulation of drugs, prescription drug advertising, good manufacturing practices; new drug approval, biological products, generic drugs, exclusivity, OTC drugs; device classification, PMAs, 510(k)s, user fees; cosmetic vs. drug, color additives, adulteration and safety of ingredients, federal preemption of state law; and enforcement. High Tech Law, International High Tech Law (List A), Public Interest and Social Justice Law Certificate course. Approved IP LL.M. course. (2 units)
434. Gender and Law — Wildman
Examination of discrimination and privilege based on sex. The course evaluates the legal doctrines, litigation strategies, and theoretical debates that have resulted as women have sought to emerge from the historic status of legal subordination. All women, since women encompass different races, sexual orientations, classes, and cultural backgrounds, must necessarily be part of this discussion. The subject matter includes the constitutional right to equal protection; sex discrimination in employment and public accommodations; equal access to education; sexual violence, including rape, domestic violence, pornography, and sexual harassment; discrimination and privilege in family law; and reproductive freedom. Public Interest and Social Justice Law Certificate course, which may satisfy the writing requirement. Limited enrollment (3 units)
247. Globalization and The Rule of Law — Diamond
With the dramatic end to the Cold War almost a decade ago, the world’s attention has expanded to include concerns centered on politics and national security to the impact of global finance, trade and investment. A new concept has emerged in this period-globalization-which some argue is an accurate way to describe the massive changes underway in the international economy. Others disagree, arguing that the more things change the more they remain the same-that today’s issues among nations continue to reflect longstanding differences. The debate is not simply academic but goes to the heart of policy choices being made by millions of people in every region of the globe. The questions raised by globalization are particularly acute for those countries attempting to break away from older state-centered patterns of political and economic organization. From the former Yugoslavia and the former Soviet Union to many of the developing countries of Latin America, the Middle East, and Asia efforts are underway to support new ways of doing business that look, on the surface at least, like American-style capitalism. But the legal institutions necessary to make this effort a success are, as yet, immature and underdeveloped. The risks and uncertainties that this process entails are complicated but represent an exciting challenge for legal scholars and policy makers. This seminar will discuss the major points of view in the globalization debate and explore the role that law plays in solving the problems raised by the new era. Each semester we concentrate on one particular issue-set of significance, such as corporate governance or international labor issues. Students will read both theory and examine case studies. Student-led discussion and a research paper required. Limited enrollment. International Law, and International High Tech Law Certificate (List B), and Public Interest and Social Justice Law Certificate course. (2 units)