527. Health Law 1: Patients, Providers, and Payers — Oberman
This survey class in health law is designed to provide a comprehensive overview of the subject. The class is divided into two parts: The first part of the semester will introduce you to the various stakeholders in our health care system, and the second part will examine, from the varying perspectives of these stakeholders, contemporary health law problems. (e.g. stem cell research, public health crises, assisted reproductive technologies). This format will enable us to scrutinize the health care system we have inherited, to understand the role law has played in its evolution, and to critically evaluate demands for isolated, as well as systemic change. Students will be evaluated on the basis of a written final examination. Public Interest and Social Justice Law Certificate course. (3 units)
418a. Health Law Seminar — Oberman
This unique seminar gives students a chance to explore with faculty contemporary, cutting-edge issues in health care law. Course may require a paper, an exam, or both. Check the current semester schedule for current topics and course descriptions. Public Interest and Social Justice Law Certificate course. (2 units)
397. High Tech Moot Court — Carter, Katz, Shamilov, Truong, Yoon, Zimmerman
Each year the school enters student teams in a number of high tech 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 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)
398. Honors Moot Court — Abriel
Preparation and presentation of a case before an appellate tribunal, including written briefs and oral argument. Public Interest and Social Justice Law Certificate course. (2 units)
399. Honors Moot Court Board — Abriel
Members of the Moot Court Board administer the moot court program. Duties include drafting problems and bench briefs, conducting classes, grading briefs, and organizing and grading oral arguments. Attendance at board meetings and performance of assigned duties are required, but there are no classes, papers, or examinations for board members. Graded credit/no credit. (1-4 units)
304. Housing Discrimination — Armstrong
Exploration of the scope of discrimination in housing in the United States and the nature and adequacy of the legal remedies created to prevent it. The course will focus primarily on federal statutory law, but will also examine some state statutes and some historical materials. Important themes of the class will be differences between the kinds of categories protected by state and federal statutes (e.g., race, sex, disabilities, and marital status) and continuing issues of residential segregation. Topics covered will include proving discrimination, discriminatory advertising, the meaning of race under the 1866 Civil Rights Act, the meaning of “handicap” under the Fair Housing Act, accommodation of persons with disabilities, and discrimination to achieve integration. Discrimination in lending, sexual harassment, marital status discrimination, and claims that enforcement of certain fair housing provisions violates the free exercise rights of landlords may also be covered. Public Interest and Social Justice Law Certificate course. (3 units)
538. Immigration Appellate Practice before the U.S. Court of Appeals for the Ninth Circuit — Abriel
This course gives students an opportunity to enhance their advocacy skills through representation of individual clients in immigration cases pending before the United States Court of Appeals for the Ninth Circuit. Students will represent clients under the Ninth Circuit’s Pro Bono Program, which appoints counsel for certain applicants appearing pro se before the Court. Cases selected for the Pro Bono Program present issues of first impression complex issues of fact or law, or meritorious claims warranting further briefing. The Ninth Circuit’s Pro Bono Coordinator has requested that Santa Clara University School of Law participate in the Pro Bono Program. Public Interest and Social Justice Law Certificate course. (2 units)
212. Immigration Law — Gulasekaram, Parker
Examination of the Department of Justice, State Department, and Labor Department as they affect immigration and naturalization. Immigrant and non-immigrant visa problems; the exclusion, deportation, and naturalization processes. Public Interest and Social Justice Law and International Law Certificate course. (3 units)
298. Individual Research
Students wishing to explore an area not presently offered in the curriculum may arrange with a member of the faculty to do directed research in that area. A written product is required. Within the first 4 weeks in each semester, a student intending to obtain credit for this course must file a separate form in the Law Student Records Office. Students are limited to no more than 3 units in any academic period with a particular faculty member. Graded credit/no credit. (1-3 units)
262. Insurance Law — Prater
Course deals with insurance law and practice. Course covers the latest issues, as well as all aspects of property/liability and life, health, and disability insurance coverage. The principles of insurance law, covering primarily life and casualty insurance. The nature of the insurance contract, the concepts of risk and insurable interest, and coverage and exclusions under insurance contracts. There are several weeks on claims handling standards, and the implied covenant of good faith and fair dealing. Public Interest and Social Justice Law Certificate course. (2 units)
388. Intellectual Property — Goldman
An exploration of the basic theses, concepts, and policies of the whole of intellectual property. An overview of each of the main fields of intellectual property follows: patents, copyrights, and unfair competition (including trademark, trade secret, and false advertising). Federal statutory law is emphasized, but some coverage is given to state unfair competition doctrine. The course is designed for the student who does not intend to specialize in intellectual property. Cases are specifically selected to be accessible to students of all educational backgrounds; no special technical background is required to understand even the patent concepts. Students who have taken or who intend to focus on patent law could take this course to learn basics of the related intellectual property fields. High Tech Law Certificate course (Corporate Transactions track only). (3 units)
383. Intellectual Property Litigation Techniques — McMahon
All aspects of litigation practice from fact collection through motion practice, discovery, trial, and appeal. This practical, skills-oriented course will draw on examples in various areas of technology, utilizing patent, trademark, and copyright law. High Tech Law, and International High Tech Law (List A) Certificate course. Approved IP LL.M. course. (2 units)
439. International and Comparative Intellectual Property Law — Chien, Ochoa
This course provides a basic foundation for thinking about intellectual property problems that arise in an international context, with a focus on patent, copyright, trademark, and enforcement issues. The aim of the course is to familiarize students with the key principles, agreements, and institutions that govern international intellectual property, as well as the political economy of globalization and intellectual property. Examples will be used to explore international intellectual property disputes between nations as well as private parties. Enrollment is limited to students who have taken at least one course on intellectual property or who have the instructor's permission. Approved IP LLM course. High Tech Law, International High Tech Law (List B), and International Law Certificate course. Approved IP LL.M. course. (3 units)
528. International Business Negotiation-Simulation — Jimenez
This course will involve the negotiation of a licensing agreement transferring certain nanotechnology to a company in Japan. Students will represent a Silicon Valley company with an extensive patent portfolio which they market extensively in the United States. This proposal will be the first step in acquiring a global market. The Japanese company will be represented by a team of law students from Omiya University in Japan, supervised by Professor Larry Repeta, of the Omiya faculty. Actual negotiations will be conducted by teleconference, in four 2-hour sessions. The first two weeks of the course will consist of an accelerated overview of international negotiation techniques, basic Japanese patent law, and an introduction to the legal and business culture of Japan. Prerequisite: 658 International Licensing Transactions; or 216 International Business Transactions; or 228 Technology Licensing; or 327 Negotiating. Enrollment with approval of professor. Enrollment limited to 10 students. High Tech Law, International Law, and International High Tech Law (List B) Certificate course. Approved IP LL.M. course. (2 units)
216. International Business Transactions — Jimenez
Legal problems of international commercial transactions; trade and investment. Financing, contracts, shipping, and insurance questions. Problems of Third World development, including expropriation and nationalization. International Law, High Tech Law, and International High Tech Law (List B) Certificate course. Approved IP LL.M. course. (3 units)
604. International Criminal Law — Van Schaack
This course in many respects will operate as a specialized criminal law course, undertaking an elemental analysis of international crimes as they have developed and evolved in international law, and focusing on the challenges of interpreting and applying these norms in a criminal prosecution. The jurisprudence of the various war crimes tribunals and the text of and deliberations surrounding the new ICC statute will be scrutinized with an emphasis on understanding the prosecution’s burden, available defenses, and sources of proof. In addition to the substance of international criminal law, this course will also serve as an introduction to international legal reasoning and law-making. International Law, International High Tech Law (List B), and Public Interest and Social Justice Law Certificate course. (1-3 units)
A consequence of commercial globalization is that disputes will occur between parties and, likely, the resolution of the disputes will not be resolved in or by a national judiciary. Litigation, either in US courts or in foreign courts, is often considered the last resort. What other dispute resolution options are available to commercial disputants form the basis for this course. The program of study will focus on the non-judicial methods of resolving international disputes: arbitration, mediation, and conciliation in the international context. In class exercises, litigation, choice of law, and proceedings before international tribunals round out the curriculum. International Law, and Public Interest and Social Justice Law Certificate course. (1 unit)
608. International Environmental Law — Burns
Problems of trans-frontier pollution and efforts to prevent and remedy damage through bilateral and multilateral arrangements. Focus on water and air pollution, preservation of endangered species, climate change, and ocean protection. The work of international organizations such as the United Nations Environmental Program, the OECD, and the Common Market. International Law, and Public Interest and Social Justice Law Certificate course. (1-3 units)
355. International Externship — Magliozzi
Students learn about the functioning of lawyers in an international legal environment through practical experience in law offices, government entities, NGOs, and commercial entities outside of the United States. Student's work experience is critically examined utilizing guided reflections directed by the course instructor. Students work under the direct supervision of a licensed lawyer in the country of the externship. Students work a minimum of 75 hours per unit, up to a maximum of 12 units for full semester externships. Students must attend at least one orientation session prior to the start of the externship. Students are required to maintain time records, reviewed and certified by the externship supervisor, reflecting the student's time spend in the placement. All units are granted as CR/NC, and students are evaluated by their externship sponsors. Pre-requisite course is Pleading and Civil Procedure (114). Students must have received a grade of "C" or better in Pleading and Civil Procedure (114), and must submit a positive written evalution from the LARAW instructor. Externship placement are subject to availability.
440. International Human Rights: Theory and Practice — Beyani, Van Schaack
International and regional mechanisms for the protection of individual rights; what those rights are; what procedures are available for use by attorneys in the United States. Offered spring semester, alternate years. International Law, International High Tech Law (List B), and Public Interest and Social Justice Law Certificate course. (2 units)
215. International Law — Toman
Survey of public international law involving close consideration of the specificity of international law, its nature, and sources. The international legal processes: international law, treaties, and the role of municipal courts and international organizations. Focus on selected current problems such as self-determination, intervention, and the expropriation of alien-owned property. International Law, International High Tech Law (List B), and Public Interest and Social Justice Law Certificate course. (3 units)
378. International Law Practicum — Van Schaack
The course is intended for students interested in the rhetoric and practice area of international law. It is also particularly well suited for students who plan to participate in one of the international law moot court competitions (such as Jessup or Pictet). The course provides a basic survey of public international law, with an emphasis on some of the issues that repeatedly arise in the moot competition context-the proper sources of international law, the principles of state and individual responsibility, the interplay between politics and law, “constitutional” questions involving the powers and functions of the various United Nations bodies and institutions, etc. The class involves a series of in-class exercises that require students to use international law in real-world fact patterns. Students who are participating in one of the moot court competitions can use their memorial to satisfy the paper requirement and can earn 3 units. Other students will complete a brief on an international law issue. International Law, and Public Interest and Social Justice Law Certificate course. Graded credit/no credit. (2-3 units)
218. International Organizations Seminar — Toman
Introduction to the legal structure, powers, and functions of United Nations organizations, and specialized agencies and regional organizations, such as the Council of Europe, the European Economic Community, and similar economic organizations. International Law, International High Tech Law (List B), and Public Interest and Social Justice Certificate course. (3 units)
458. Interviewing and Counseling — Scott, Towery
The development of an understanding of the purpose and process of communication between lawyer and client. Through an understanding of purpose and process, the development of a core of listening, questioning, and counseling skills that are both appropriate to the varied factual contexts of lawyer/client communication and consistent with an evolving sense of professional identity. Methodology includes participation of all students in simulated interviewing and counseling; study, analysis, and discussion of transcripts of interviewing and counseling; reflection and comment on selected readings. Graded credit/no credit. Public Interest and Social Justice Law Certificate course. (2 units)
547. IP Policy & Theory Seminar — Chien
This seminar will explore the policies and theories of intellectual property law. Students will be expected to lead class discussions and complete a substantive paper of 20-25 pages in length. Enrollment limited to students who have taken or are taking at least one course on intellectual property. Approved IP LLM course. (2 units)
341. Islamic Law - Ball
This course explores classical and contemporary understandings of Islamic law, with an emphasis on the of Islamic legal methodology. Part of the challenge in studying Islamic law is its heterogeneity: there are four major “schools” of Islamic law and there is no central religious adjudicative body. So part of what this course will focus on is “what is Islamic law”, which is less a pie-in-the-sky question than it normally is. The course will begin with an analysis of the four major schools of Islamic law, exploring their historical and doctrinal differences, and mapping these schools to four U.S. interpretive methodologies (plain meaning textualism, textual originalism, originalist practice, and “living” constitutionalism). We will then move to classical and contemporary understandings of how differences are resolved in Islamic law: the notions of consensus and reasoned debate, and the classical tolerance of dissent. We will also touch on Wahabbism: the way in which it is often used to reinforce conservative political and social ideologies, and how it might actually be used to justify more liberal and social ideologies. The class will draw on contemporary and classical works, some by living American scholars in American law reviews, some by classical Islamic scholars in classic texts. Students will be graded on class participation and will be required to write several short reaction papers. International Law, and Public Interest and Social Justice Law Certificate course. Graded credit/no credit. (2 units)
790. Journal of International Law — Van Schaack
The Santa Clara Journal of International Law is dedicated to exploring current issues in public and private international law. The Journal is a collaborative student and faculty undertaking. Each volume focuses on a timely theme in international law. A Faculty Advisory Board solicits, reviews, and approves relevant articles in collaboration with the Journal’s executive board. Student editors carry out article and technical editing of submitted articles and maintain the Journal’s Web presence. These peer-reviewed, thematic issues will be the first of their kind published by an American law school. Although it began as a purely Internet-based journal, the Journal will be published in hard copy form going forward. Journal candidates must have a cumulative grade point average (GPA) of 2.67 at the time of candidate application review for board membership. Candidates must write and pass a case note and complete 50 hours of production work. They must also write a comment on an approved international legal topic. Student Executive Board members must have a minimum 3.0 GPA. (1-4 units).
594A/594B/594C. Judicial Externship and Seminar — Lloyd, Magliozzi, Peterson
The purpose of the seminar is to enable students to consider and discuss a variety of issues relating to the administration of justice, which they will have an opportunity to observe in their field work, including the philosophy of judging, judicial ethics, selection of judges, limitations on access to the courts, judicial workload, and court management. A student may earn academic credit for work as an extern for a judge or for an entire court (hereafter, fieldwork) if undertaken in conjunction with the Judicial Externship Seminar.
The purpose of the field work is to afford qualified students the opportunity to observe and participate in the functioning of either a trial or appellate court, observe and critically evaluate the work of attorneys that is presented to the court, observe and critically evaluate the nature and quality of judicial decision making, and refine research and writing skills. A student may participate in either a full-time (12 units) or part-time (maximum of 6 units) judicial externship.
Interested students should obtain information about judges and courts that use externs and about the application process from the director of externships well in advance of the anticipated placement. The director of externships will help students locate and secure suitable placement.
Students may earn from 4-6 units of credit for a part-time judicial externship (594B) or 12 units for a full-time judicial externship (594C) by (1) undertaking field work with a judge or court, and (2) participating in the Judicial Externship Seminar (594A) that will generally be offered in both the fall, spring and summer semesters of an academic year.
Seminar requirements include assigned readings, participation in seminar meetings, and the preparation of a paper on an assigned topic. A minimum of 75 hours per unit of fieldwork is required for part-time judicial externships. This work may be undertaken in the fall, spring, or summer of an academic year. The student must enroll in the seminar being offered in the same semester. Credit for the program will be awarded on satisfactory completion of both the field work and the seminar within the time frame described above.
Part-time judicial externship: students earn 3-5 units of credit for fieldwork and 1 additional unit with the seminar for a maximum of 6 total units.
Full-time judicial externship: students may earn 12 units of credit for full time externship by (1) undertaking fieldwork with a judge or court, and (2) participating in the seminar. A full time extern earns 11 units of credit for 15 weeks of full time field work (40 hours/week).
Graded credit/no credit.
449. Jury Law and Strategies — Sunwolf
This course is useful to both civil and criminal practitioners, covering issues relating to jurors in all trials, from the point of view of each side of the litigation. Students will learn to write powerful jury questionnaires on specific case issues, talk to jurors in voir dire, develop effective challenges for cause to jurors, prepare jury-related motions, respond to incidents of juror misconduct during trial, and argue statutes, standards and social science cases to the trial judge that affect jurors. Students must attend the first class. (3 units)
531. Juvenile Justice Topics: Leadership Training — Malik
The legal topics of youth instruction include: Fourth Amendment Searches and Seizures; Fifth Amendment and Miranda Warnings; Unlawful Sex Crimes; Property Crimes (Theft and Vandalism); Three Strikes; Gang Conspiracy Laws; Proposition 21; Juvenile Justice Trials; Hate Crimes; Accomplice Liability; Drugs and Alcohol; and Recidivism. Students continue to teach practical legal skills to at-risk youth on juvenile probation, while simultaneously cultivating the professional growth of their peers. The law students serve not only as an instructor and a weekly positive role model for 20 youth over the 14-week period, but also as a site leader. As a site leader, the students are responsible for communications with Probation, FLY, each of the youth, and the other volunteer law students. Site leaders evaluate the course and provide weekly feedback to the teaching team. The course includes three 2.5-hour orientation sessions, three lunch seminars, and regular check-in meetings. The trainings and seminars provide law students with instruction about substantive legal issues and professional skills such as, Public Speaking, Client Communication, Interviewing, Client Case Management, Juvenile Justice Research, Individual Evaluation, and Factual Investigation. Graded credit/no credit. Public Interest and Social Justice Law Certificate course. (1 unit)
532. Juvenile Justice Topics: Practical Applications – Malik
The legal topics of this course include: Fourth Amendment Searches and Seizures; Fifth Amendment and Miranda Warnings; Unlawful Sex Crimes; Property Crimes (Theft and Vandalism); Three Strikes; Gang Conspiracy Laws; Proposition 21; Juvenile Justice Trials; Hate Crimes; Accomplice Liability; Drugs and Alcohol; and Recidivism. Students teach practical legal skills primarily to at-risk youth on juvenile probation. Legal concepts include constitutional law, criminal law, and criminal procedure. The 14-week Program seeks to use the law as a vehicle to build life-skills in disadvantaged youth while empowering them to exit the juvenile justice system. The law students will serve not only as an instructor, but as a weekly positive role model for 20 youth over the 14-week period. The course includes three 8-hour training sessions, three lunch seminars, and regular check-in meetings. The trainings and seminars provide law students with instruction about substantive legal issues and serves as a forum for sharing general impressions and ideas concerning successful teaching techniques. Graded credit/no credit. Public Interest and Social Justice Law Certificate course. (1 unit)
511. KGACLC Civil Clinical Skills I
Provides opportunities for upper-division students to master lawyering skills while directly serving the community. There are various areas of clinical specialization: consumer law, worker’s compensation, employment rights, and immigration law. All students must attend an all-day skills training program on the first Saturday of the semester and regular 75-minute seminar meetings twice a week. Students can earn from 3 to 6 Law Clinic units for working at the KGACLC (1 unit for each 50 hours of work). The first three units of this class are graded, thereafter students earn credit/no credit grades only. Public Interest and Social Justice Law Certificate course. (3-6 units)
481. KGACLC Civil Clinical Skills II
Students who have completed one semester at the Community Law Center for a minimum of 3 units are eligible to enroll for an additional semester at the KGACLC with the instructor’s approval. The first 2 units of credit in Clinical Skills II are awarded letter grades; any units earned thereafter are graded credit/no credit. Public Interest and Social Justice Law Certificate course. (3-6 units)
468. KGACLC Consumers’ and Debtors’ Rights Interviewing and Advising Clinic — Maurer
In the Consumer Advice clinic, students will counsel clients in all aspects of consumer law, including auto fraud, and unfair credit and debt collection practices. In the Debtors’ Rights Advice clinic, students will counsel clients in various aspects of bankruptcy law, credit reporting matters, and similar issues. All students must attend an all-day skills training program on the first Saturday of the semester and participate in nine evening clinics over the course of the semester to fulfill the course requirements. Graded credit/no credit.. Public Interest and Social Justice Law Certificate course. (1 unit)
418b. KGACLC Health Law Seminar: Trauma — Fischman, Parker, Ross
The course will teach law students, as future attorneys, methods to better understand and thus more effectively advocate on behalf of their clients who have been victims of trauma. The course will define trauma suffered by victims of domestic violence, child abuse, sexual assault, trafficking in persons, political persecution and torture. It will provide ways for law students to recognize signs of trauma in clients, and give the students tools to effectively advocate on behalf of these clients. The course will teach techniques for working with traumatized clients, who will need to testify at trial or prepare written declarations. The course will also provide information on how the students can avoid secondary or vicarious trauma, along with the accompanying reduction in effective representation and/or professional burnout. Enrollment limited to students concurrently enrolled in 511. KGACLC Clinical Skills, 469. Immigration Interviewing and Advising, or with instructor permission. Public Interest and Social Justice Law Certificate course. (1 unit)
469. KGACLC Immigration Interviewing and Advising Clinic — Parker
Students counsel clients in the general advice immigration clinic on all aspects of immigration law, including political asylum and deportation. In the VAWA (Violence Against Women Act) advice clinics, students advise immigrant victims of domestic violence. Students interested in interviewing clients with political asylum, VAWA (battered immigrant spouses and children), U Visa (victims of particularly serious crimes), and T Visa (victims of human trafficking) claims MUST also register for the 1-unit credit/no credit course on trauma and working with traumatized clients (Health Law 418B). This one-unit course will be offered at the Law Center. Students who are unable to register for this one-unit course will be able to interview clients with non-trauma immigration cases such as relative petitions, citizenship, and other types of deportation defense cases. Students may not take more than one interviewing and advising class without the prior approval of the instructors. Graded credit/no credit. Public Interest and Social Justice Law Certificate course. (1 unit)
462. KGACLC Interviewing and Advising — Maurer, Parker
A one unit intensive Interviewing and Advising course for students who wish to advise clients under the supervision of an attorney at the East San Jose Community Law Center Advice Clinic. Graded credit/no credit. Public Interest and Social Justice Law Certificate course. (1 unit)
464. KGACLC Worker’s Compensation Interviewing and Advising Clinic
Students will advise workers who have been injured on the job and seek assistance with the workers’ compensation process. Graded credit/no credit. Public Interest and Social Justice Law Certificate course. (1 unit)
463. KGACLC Workers’ Rights Interviewing and Advising Clinic —Silver Taube
Students will provide advice to clients regarding problems in the workplaces such as wrongful termination, harassment, discrimination and unpaid wages. In addition to advising clients, students will also receive 10.5 hours of instruction in the Fundamentals of Employment Law class. Graded credit/no credit. Public Interest and Social Justice Law Certificate course. (2 units)
235. Labor Law — Anstandig
Problems of labor-management relations: union organization, recognition, collective bargaining, strikes, picketing. Special emphasis on the National Labor Relations Act. Public Interest and Social Justice Law Certificate course. (2-3 units)
286. Land Use — Glancy
An exploration of the legal regulation of land use and development. Considers local land use planning and controls, including comprehensive planning, zoning, subdivision controls, and planned communities. In-depth discussion of major issues in land use law, such as takings, transfers of development rights, growth management, and the environmental regulation of land use. Public Interest and Social Justice Law Certificate course. (3 units)
534. Law and Behavioralism - Yosifon
The most influential conception of human agency in legal theory today is the "rational actor" model. First formalized and promoted within legal analysis by the "law and economics" movement of the 1970s and 1980s, the "rational actor" today takes center stage, either implicitly or explicitly, in most conventional legal analysis and public policy debate. In recent years, a growing number of legal scholars have begun drawing on the lessons of behavioral psychology, and other social sciences, to challenge both the viability and the wisdom of the "rational actor" as the basic picture of humanity with which legal theory should begin. This course examines the emergence of the "law and behavioralism" literature and the current state of the legal-theoretic debate that it has joined. The course also critically examines the work of law and behavioralism scholars within specific doctrinal areas, and with respect to specific policy disputes, such as the smoking controversy and the obesity epidemic. Public Interest and Social Justice Law Certificate course. (2-3 units)
206. Law and Education — Steinman
The role of lawyers and the judiciary in resolving matters relating to education. Control of student conduct and status; desegregation; school financing; rights and responsibilities of teachers; classification and evaluation of students; compulsory schooling; and the role of government in private education. Attention given to enhancing students’ writing skills, including the writing of a term paper and through exposure to current litigation, pleadings, briefs, and in-depth statutory interpretation developing the practical skills and awareness needed by any attorney working with contemporary legal issues. Public Interest and Social Justice Law Certificate course. (3 units)
413. Law and Psychiatry Seminar —Scheflin
Relationship between psychiatric knowledge and law. Psychiatric testimony, psychiatric malpractice, involuntary commitment, behavior modification, prediction of future conduct, the question of responsibility (criminal and civil), conservatorship and guardianship proceedings, and such other issues as are selected by the class. Public Interest and Social Justice Law Certificate course. (3 units)
268. Law and Social Justice Seminar — Wildman
The relationship between law and social justice in several different contexts, including the structure of the legal profession and the delivery of legal services; the efforts to achieve social justice and civil rights through litigation in work, subsistence, housing, and procedural due process; the problem of access to courts and the role of the judiciary; and the role of lawyers working with community movements. To ground these theoretical explorations in real-life practice, the course will feature presentations by practitioners who work in the area of public interest and social justice. Instead of a final exam or research paper, students will work in teams to produce written case studies of a Bay Area social justice lawyering topic of their choosing. At the end of the semester, students present their work to faculty, students, and interested members of the Santa Clara and Bay Area social justice community at a day-long mini-conference. Public Interest and Social Justice Law Certificate course which may satisfy the writing requirement with a rewrite of the course project. (3 units)
448. Law and the Political Process — Ancheta
Examines legal regulation of the political process, with an emphasis on constitutional law and federal legislation. The course covers a range of topics related to political participation, representation, and democratic structures, including the right to vote; reapportionment and redistricting; the protection of racial, language, and political minorities; political parties; campaign financing; direct democracy; and alternative electoral systems. Public Interest and Social Justice Law Certificate course. (3 units)
542. Law of Nonprofit Organizations — Polden
This course covers the legal requirements and policy implications for nonprofit organizations. Course topics include the formation and operation of charitable organizations, issues of organization governance, articulation and enforcement of fiduciary duties, remedies for breach of fiduciary duties, federal taxation requirements, principles of charitable gifts and restrictions on gifts, dissolution and extraordinary transactions, and relationships between the organization and the State (including private enforcement and derivative proceedings). The course also considers non-charitable nonprofit organizations. The course is designed to permit students to satisfy the Supervised Analytical Writing Requirement. Public Interest and Social Justice Law Certificate course. (2 units)
839. Law of the Sea — Beyani
Survey of public international law of the sea and national, particularly United States, ocean policies. Starting with the historical development of the law of the sea, the course will deal with the modern law of the sea as reflected in the United Nations Conference on the Law of the Sea and will include such topics as maritime boundaries, sovereignty and jurisdiction, management of ocean fisheries, protection of marine mammals and endangered species, marine environmental protection, shipwrecks and underwater cultural resources, international dispute resolution, and mineral exploitation of the seabed. Students will have the opportunity to develop expertise by doing in depth research on a topic approved by the professor, preparing a major research paper, and presenting the paper to the class. Public Interest and Social Justice Certificate course. (2 units)
798. Law Review — Joondeph
The Santa Clara Law Review is a legal periodical edited and published by Santa Clara University law students. Law Review membership is open to upper-division students who maintain a 3.00 GPA and successfully complete a candidacy program. Each board of student editors serves a one-year term and publishes four issues of the Law Review. Law Review membership is a rewarding educational experience that helps students refine their legal research, writing, and analytical skills, and affords a unique opportunity to work with legal professionals and faculty members. The primary objective of the Santa Clara Law Review is to provide a practical research tool for practicing California attorneys, members of the judiciary, scholars, and law students. The Law Review informs its subscribers of emerging legal trends and developments and presents new approaches to the analysis of current legal problems. Each issue contains articles contributed by legal professionals, law professors, and student editors. By providing a quality resource to the legal community, the Santa Clara Law Review brings prestige to both the School of Law and its graduates. The Law Review publishes a candidate handbook that provides details of the candidacy program. Interested students should attend the information sessions held each semester to receive a copy of the handbook and to learn more about the candidacy process. (1-4 units)
349. Lawyering Skills – Bali
This course is designed to refine students’ critical reading, synthesis, analysis and writing skills. Students will build essential lawyering skills using the substantive materials covered in the first year curriculum. There will be a heavy emphasis on directed analytical writing projects using hypothetical problems. Enrollment is limited to students in their first year of study who are invited to participate in the course. Graded credit/no credit. (2 units)
521. Leadership for Lawyers — Cullen
This course examines the unique role of the lawyer as a leader. The course explores the major theories of leadership in order to prepare students to understand, develop, and accept complex leadership roles. The course draws on the right tradition of great thinkers as well as the extensive body of leadership literature. Emphasis is placed on relating case studies to fundamental principles of leadership and providing students with a larger historical awareness of the role of a lawyer as leader. The course also builds the bridge from leadership concepts to leadership actions by examining the leadership roles of lawyers in public, private, and nonprofit situations. The course also examines important ethical issues for lawyers in their leadership roles. The ultimate course objective is to develop the participants’ leadership skills, knowledge, and abilities. Graded credit/no credit. Public Interest and Social Justice Law Certificate course. (2 units)
204. Legal Aspects of War: Humanitarian Law — Toman, Van Schaack
Examines the legalities of the decision to go to war under international and U.S. law, the International Law of War, and human rights law. Coverage includes the War Powers Resolution and litigation regarding U.S. use of force in Vietnam, Central America, and the Persian Gulf; Nuremberg and other post-World War II legal prosecutions and postwar Geneva Conventions and Protocols; the legal responses to such issues as the capture of Adolf Eichmann and the My Lai massacre, the bombing of North Vietnam (1964-72) and Iraq (1991), and the genocide in Rwanda and Bosnia; and the foundational texts of human rights law, particularly those relating to war and its consequences. International Law, and International High Tech Law Certificate (List B) course. (3 units)
644. Legal Issues in the 21st Century - Friedman
Focus is on five issues confronting the future: privacy, the world online, crime and terrorism, biotechnologies, and "science fiction" (things that may or may not happen). High Tech Law, and International High Tech Law (List A) Certificate course. Approved IP LL.M. course. (3 units)
387. Legal Issues of Start-Up Businesses — Han
Examines legal issues faced by start-up businesses, including selection of the business entity, formation issues, tax issues, and capitalization needs of a start-up. Students may engage in actual “case” studies of start-up businesses, with special emphasis on small businesses. Students also draft documents that start-up businesses may require. Prerequisite: 248 Business Organizations. Tax is recommended. High Tech Law (Corporate Transactions Track), and International High Tech Law (List A) Certificate course. Approved IP LL.M. course. (3 units)
352. Legal Systems in El Salvador — Mertens
Seminar required for law students participating in immersion trip to El Salvador. Topics for discussion include the role of law in democratic transitions, interface between law and development, structure of the legal system, justice issues, etc. International Law, and Public Interest and Social Justice Law Certificate course (1-2 units)
353. Legal Systems Very Different from Ours — Friedman
A survey of very different legal systems focusing on their varying solutions to common problems. Legal systems covered will include Athenian law, Imperial Chinese Law, Modern Gypsy Law, Saga Period Icelandic Law, 18th Century English Criminal Law, and others. Issues explored will include enforcement incentives, gap filling, litigants gaming the system, and a variety of others. International Law, and Public Interest and Social Justice Law Certificate Course. (3 units)
544. Legislation – Sterling
Course will focus primarily on California, with some federal coverage. Topics include: the role of legislation in common law system, Federalism, legislative process-theory and reality, constitutional limitations and judicial review, statutory drafting, legislative resources and research, career paths in legislation and public policy, and current issues in legislation. (1 unit)
348. LL.M. Seminar — Player
The seminar allows LL.M. students to interact with each other and seminar directors, bringing them together to discuss topics and issues of law relevant to their degree, as well as in-depth discussion of areas of interest to individual students. Guest lectures and participation in law school events are part of the seminar. Under the supervision of the seminar director, each student must prepare an in depth research paper on an aspect of law related to their degree. Students seeking a specialty designation will be expected to do their paper in the area of their specialization. Students are encouraged to submit their completed work to one of the law school's scholarly journals. Graded credit/no credit. (3 units)
318. Managing Complex IP Litigation — Dolkas
How to manage a complex, high stakes intellectual property case. Students will be instructed on various aspects of complex case management from initial case evaluation through trial. Students will be taught a comprehensive and integrated methodology to case management with a primary emphasis on the management of the litigation team, witnesses, and documents. Also addressed litigation risk assessment; litigation budgeting, project management techniques, and use of technology to maximize both case organization and case presentation. High Tech Law, and International High Tech Law (List A) Certificate course. Approved IP LL.M. course. (2 units)
520. Mass Communication: Telephone, Broadband Networks, and Convergence — Hammond
The incorporation of internet protocol technology into traditional communications technologies is causing the competitive convergence of voice, video and data markets. “Intermodal” competition has begun between telephone and cable television firms (DSL vs. Cable Modem) and is expanding to include fixed wireless, satellite and broadband over electric power lines. This convergence of technology and markets calls into question the continued relevance and utility of separate regulatory paradigms for telecommunications (voice), cable television (video) and computers (information services). Convergence of network functionality and markets is reshaping historic federal and state regulatory and legal distinctions regarding jurisdiction, ownership, access, speech and public policy. This course introduces students to the evolving federal and state regulation of broadband networks. Emphasis is placed on students learning to recognize, understand and anticipate the changing relationships between technology, competition, regulation and law. High Tech Law, International High Tech Law (List A), and Public Interest and Social Justice Law Certificate course. There are no prerequisites for this course. Approved IP LL.M. course. (3 units)
429. Mass Communication: Television, Cable, Satellite Video and Convergence — Sandoval
Introduces students to the federal regulatory law governing the ownership and operation of broadcast radio and television, cable television, and satellite video technologies. Emphasis is placed on students learning to engage in a comparative analysis of the regulatory schemes for various communications technologies. Students will examine regulations in light of constitutional issues, promoting competition and the goals of the Communications Act and the First Amendment of promoting diversity of voices and viewpoints. The course will also examine some contrasting regulatory approaches in different countries to the regulation of technology and content. High Tech Law, International High Tech Law (List A), and Public Interest and Social Justice Law Certificate course. There are no prerequisites for this course. Approved IP LL.M. course. (3 units)
602. Mediation: Theory and Practice — Kirwan, Naegele
This course combines both theory and practice skills. A variety of readings, exercises, videos, and role-plays will be used to encourage in-depth analysis of mediation concepts and the application of these concepts in practice. Topics to be covered include negotiation theory, the mediation process, the role of the mediator, ethical issues in mediation, dealing with power imbalances, and the lawyer’s role in the mediation process. Students will participate in exercises at various stages of the mediation process. Students will take personality inventories to learn about their own strengths and challenges, which will assist them in dealing with mediation participants. Graded credit/no credit. Public Interest and Social Justice Law Certificate course. (2 units)
327. Negotiating — Cullen, Hare, Scott
Focus on the function and nature of the negotiation process to enhance students’ awareness of the existence of negotiating styles and their effects and to provide experience in the analysis of opponents, the formulation of negotiating strategy and tactics, and the counseling of clients in the negotiation context. The issues of professional responsibilities and ethical standards present in the negotiation context. Extensive videotaping of students’ performance. Graded credit/no credit. Public Interest and Social Justice Law Certificate course. (2-3 units)
505. Northern California Innocence Project — Ridolfi, Starr
The Northern California Innocence Project (NCIP) is a law school clinical program providing a unique educational opportunity for law students to investigate possible wrongful convictions and represent imprisoned clients with viable claims of actual innocence. Supervised by experienced legal and forensic staff, NCIP law students evaluate innocence claims by reviewing case histories, appellate briefs, transcripts, medical records, and other documents. Students participate directly in the investigative process by interviewing prisoners, witnesses, crime lab personnel, law enforcement, defense attorneys, and prosecutors to help prove claims of innocence. Beyond investigating their cases and interviewing witnesses, NCIP students draft legal documents such as motions, declarations, briefs, legal memoranda, and letters to attorneys, clients, and others. Students also attend and participate in court proceedings. NCIP students must attend an intensive two-day training session known as “NCIP Boot Camp” and attend classes twice weekly which focus on post-conviction law and issues relevant to wrongful conviction. Class topics include federal and state habeas corpus procedures, post-conviction DNA testing laws, investigation techniques, witness interview strategies, and the science of DNA testing. For every 50 hours of participation in the program including casework and class attendance, a student earns 1 unit. The first three units of academic credit earned at NCIP are graded. Any earned units above 3 are credit/no credit. Public Interest and Social Justice Law Certificate course. (3-6 units).
515. Northern California Innocence Project Advanced Practice Clinic — Kent, Ridolfi, Starr
Students who have completed one semester of NCIP (505) are eligible to enroll in Advanced NCIP (515). Advanced NCIP classes provide opportunities to research and discuss in-depth the specific issues relevant to promising cases. Students read about and attend guest lectures on specific disciplines related to wrongful convictions. Advanced NCIP students engage in more specialized writing projects such as motions for post-conviction DNA testing and petitions for writs of habeas corpus. Advanced NCIP students continue to advance their individual cases, allowing them to develop cases more fully and employ what they have already learned. In addition, students frequently have the opportunity to tour a local crime lab and/or coroner’s office and conduct legal interviews with prison inmates. Finally, Advanced NCIP students may also review other California cases that have resulted in exonerations and develop strategies to advocate for reforms of our criminal justice system in order to prevent wrongful convictions in the future. The first 3 units of academic credit earned at Advanced NCIP are graded; any earned units above 3 are graded credit/no credit. Public Interest and Social Justice Law Certificate course. (1-6 units)
343. Opening and Closing Arguments — Scheflin
At each class session we will examine an actual opening or closing argument. Topics include storytelling, appeals to antecedents and consequents, emotional appeals, personal attacks, “golden rule” arguments and religious arguments. (3 units)