
Registrar
The courses listed below have all been taught at least once in the last three years. There is no guarantee that any given course will be taught within the next three years. The numbers in parentheses indicate the number of semester credits. The only required course is Professional Responsibility. The advanced legal writing requirement may be fulfilled through a seminar, an independent writing project, or other similar projects.
228T Accounting for Lawyers (2)Discussion - 2 hours. Exposes students to basic principles of accounting, from the perspective of the practicing attorney. Accounting has been called the language of business, and many of the principles addressed in this course are fundamental to concepts presented in such other classes as Federal Taxation, Securities Regulation and Business Associations. After examining fundamental accounting concepts, students will learn to read and analyze financial statements, evaluate fraud in financial transactions, and understand the audit function. Generally Accepted Accounting Principles (GAAP) will be discussed, as will the reporting of inventory, liabilities, contingencies, receivables, fixed assets, intangibles and depreciation under GAAP. Students who ultimately practice litigation will have a better understanding of documents solicited in discovery, and those destined for transactional practice will better understand contract terms and financial motivations. Students who have taken a college accounting class must seek instructor approval. Only basic math skills are required.
470 Administration of Criminal Justice Externship (2 to 6 or 12)Prerequisite: Completion of or concurrent enrollment in 219 Evidence and 227 Criminal Procedure. Recommended course: 263A Trial Practice I. This program offers students the opportunity to gain practical experience working full or part time in a District Attorney's or Public Defender's office in one of several surrounding counties or in a federal Public Defender or U.S. Attorney's office. Students participate in the many activities associated with the office for which they extern: observation, interviewing, research, counseling, motion practice, and trials under State Bar rules. Regular journal entries and meetings with the clinical supervisor are required. A grade of satisfactory or unsatisfactory is based upon the completion of clinical requirements. Enrollment is limited to 15 students. You are advised to register early. Students wishing to practice must qualify for certification by the relevant state or federal jurisdiction.
235 Administrative Law (3)Discussion -3 hours. Core course for Environmental Law Certificate Program. Course examines how the U.S. Constitution and the federal Administrative Procedure Act constrain and regulate decision making by government agencies and officials. Topics include administrative due process, separation of powers, delegation of authority to agencies, procedural requirements for agency adjudication and rulemaking, and the extent and limits of judicial review. This course is highly recommended for anyone intending to practice in any public law area or at the intersection of public/private law.
288 Advanced Constitutional Law Seminar (2)Seminar - 2 hours.
Satisfies advanced writing requirement. Prerequisite: Prior or concurrent enrollment in 218 or 218A Constitutional Law II. Seminar explores in-depth selected topics or problems in constitutional law and theory. The current focus is on the interpretation and application of the religion clauses of the First Amendment. Students will be expected to write a 20-25 page paper under the supervision of the professor. Class limit: 12-14 students.
227B Advanced Criminal Procedure (3)Discussion - 3 hours. This course examines a range of issues, including bail, charging decisions, preliminary hearings, discovery, statute of limitations, venue, joinder and severance, pleas, plea bargaining, assistance of counsel, trial, double jeopardy, sentencing, appeal and collateral remedies.
219T Advanced Evidence (3 units (S/U))Discussion - 3 hours. Prerequisite Law 219 Evidence: Public interest lawyers often spend much of their time in the courtroom. Yet, prosecution, defender, and legal aid offices usually do not have the resources to train their lawyers in trial work. This course seeks to help remedy this deficiency by helping students who plan to do public interest work develop witness interrogation skills. Students will apply their theoretical grasp of evidence to concrete trial problems involving the direct and cross examination of lay and expert witnesses, the introduction of documentary evidence, and the use of illustrative evidence in California and federal courts. The goal is to train students in the art of examining friendly and hostile witnesses and in the use of documentary and illustrative evidence.
The course will be limited to 6 students who will be selected by the professor. Students interested in the course must complete an application form, which is available in the Registrar's Office. Credit is contingent on attending all classes and participating in all exercises. Participation is crucial to the success of the course, as students will be working in teams of three. Do not take this course unless you are willing and able to participate fully and can accept criticism.Graded Satisfactory/Unsatisfactory.
207B Advanced Legal Research (2)Seminar - 2 hours. The course will introduce students to advanced legal research tools and techniques used in practice, including efficient computer research techniques. Includes coverage of legal research methodology, strategies and materials touched upon in the first year Legal Research and Writing course. Requirements include completion of graded exercises, Lexis/Westlaw research problems, and a short final, as well as attendance and class participation. Class limit: 35 students.
419 Advanced Writing Project (1 to 4)The completion of a writing project under the active and regular supervision of a faculty member in satisfaction of the legal writing requirement. The writing project must be an individually authored work of rigorous intellectual effort of at least 20 typewritten, double spaced pages, excluding footnotes. The project may take any of several forms; for example, a paper, a brief, a memorandum of law, a proposed statute, a statutory scheme or set of administrative regulations (with explanatory comments), or a will or agreement (with explanatory comments). The advanced writing project may also be undertaken in connection with another course or seminar to satisfy the advanced legal writing requirement. The number of units for the writing project is approved by the faculty supervisor and depends on the scope of the writing effort. Grading is on a satisfactory/unsatisfactory basis unless a request for letter grading is made in advance.
285C Agricultural Law and Policy (3)Discussion - 3 hours. Elective course for Environmental Law Certificate Program. Introduction to agricultural law, focusing on legal principles and issues at the forefront of contemporary debates about agriculture in society. Topics will include: environmental impacts of agricultural practices, labor law issues, agricultural biotechnology, conflicts between farming and ranching and expanding urban and suburban land use, food safety and security, farm subsidies and assistance programs, the future of the family farm, the law and sustainable agriculture, legal issues in aquaculture, farm animal welfare, and the roles of local, state, and federal governments in regulating agriculture.
297 Alternative Dispute Resolution (3)Discussion - 3 hours. This course will introduce students to a wide variety of alternative dispute resolution procedures, with an emphasis on negotiation, mediation and arbitration. Although basic skills and effective strategies for each procedure will be discussed, the course will focus primarily on the laws and policies that affect how the procedures are structured and conducted. Successful completion of the course will prepare students for the widespread availability and growing popularity of ADR in almost every area of modern legal practice. Class limit: 25 students.
280T Analytical and Persuasive Writing (2 (S/U))(Selected Enrollment By Permission of Professor – 3L’s only)
Course Description: This course will help students develop the skills of essay writing and performance test drafting typically employed on the bar examination. Students will receive substantial feedback on their written work, and learn analytical and persuasive writing skills transferable to the bar exam and legal practice. Each student will complete 4-6 essays and 3-4 performance tests during the semester, both as outside homework and in class under timed exam conditions. Grading is satisfactory/unsatisfactory but students may be withdrawn from the course or given an unsatisfactory grade for having more than one unexcused absence or failing to complete an assignment. PLEASE NOTE: 3L students who would benefit from significant assistance with exam writing and bar study skill development are highly encouraged to select this course. Enrollment is by selection of the professor. Graded Satisfactory/Unsatisfactory. Applications are available online, at the Registrar’s office, or via email by contacting Professor Emily Randon at elrandon@ucdavis.edu. Link to form on the web: Enrollment Application for Law 280
224 Animal Law Seminar (2)Seminar - 2 hours. Elective course for Environmental Law Certificate Program. An introduction to legal principles affecting animals and their use. Topics will include the legal status of animals as property; liability for injury done by animals; liability for injury done to animals; current and proposed bases for awarding damages to animal owners; veterinary malpractice; legal standing to enforce animal protection statutes and to bring civil actions in behalf of animals; the concept of animal rights; the relevance of philosophical debates about animals to current legal issues; anti-cruelty and animal protection laws; regulation of the use of animals in experimentation, testing, and education; rights of students relating to use of animals in courses and educational exercises; rights of animal users (e.g., scientists, biomedical companies, hunters, breeders, and farmers) and of those objecting to such uses; patenting of animal life and legal issues relating to animal biotechnology; landlord-tenant issues relating to pets; treatment of pets in divorce actions; and animals in wills and trusts. Animal law is developing rapidly. Because the nature of these developments will be shaped largely by ethical and public policy arguments, the course will consider the variety of these arguments and their underlying rationales. There will be a paper on a topic chosen by the student and approved by the instructor.
262 Antitrust (3)Discussion - 3 hours. The principal focus of the course is the federal antitrust laws, concentrating on basic substantive areas of the Sherman and Clayton Acts. Specific topics include: agreements among competitors (including cartels) to restrict competition; price uniformity and other parallel behavior in the absence of agreement; distribution relationships having collusive and exclusionary effects (resale price maintenance, geographical and other restrictions on resale, exclusive dealing, tying contracts); monopolization; and mergers.
401A Appellate Advocacy I (Moot Court) (2)Basic appellate practice and procedure. Beginning instruction in oral advocacy skills and an opportunity to practice these skills in front of a moot court. Students compete in four rounds of oral arguments which, combined with the second semester of the program, determine the rankings for selecting participants in the annual Neumiller Competition and other interschool competition teams and for membership on the Moot Court Board. Both courses 410A and 410B must be taken in order to qualify for most interschool competitions.
401B Appellate Advocacy II (Moot Court) (2)Continuation of Course 410A. Satisfies Advanced Writing Requirement. Focuses on the development of effective appellate brief writing skills and the refinement of oral advocacy skills.Participants research and write two appellate briefs and argue the cases before a moot court. The first appellate brief and arguments are judged for selection of interschool competition teams, participants in the annual Neumiller Competition, and membership on the Moot Court Board. The second appellate brief, requiring independent individual research, is written and edited under the supervision of the professor, and may satisfy the writing requirement. Class limit: 40 students.
450T Asian American Jurisprudence (3)Discussion - 3 hours. Legal, social, and political discourse on race relations has traditionally been framed in Black-White terms. This course disrupts the traditional view by taking Asian Americans seriously. Since the 19th century, American law has shaped the demographics, experiences, and possibilities of Asian Americans. This profound impact will be examined through judicial opinions, legal commentary, social science, and historical readings on topics such as immigration and naturalization, de jure discrimination, and the World War II internment of Japanese Americans. There will be heavy emphasis on social cognitive accounts of bias, both explicit and implicit. This course will also explore the converse phenomenon of how Asian Americans have helped shape American law, through constitutional litigation and recent scholarship. Particular attention will be paid to critical race theory (CRT), the Asian American variation on CRT, and the vocal detractors of both movements. Finally, this course will canvas timely issues such as racial violence, media stereotypes, affirmative action, and post 9-11 civil liberties issues. Although this course focuses on the Asian American experience, it is not meant for Asian Americans alone. It may be profitably taken by anyone who cares about race relations and who is intellectually drawn to an unconventional inquiry. Class is taught Socratically, and students should be prepared for daily participation in class discussion.
269A Basic Finance (3)Discussion - 3 hours. Students with a non-law basic finance course are not admitted except with instructor?s permission. In this course, we study basic techniques of analysis that are part of the core curriculum in a good business school. The purpose is to give you background necessary for understanding and advising your clients and for understanding other business-related law school courses. Students are welcome to take it in either their second or their third year, but it should be especially helpful to students just beginning their second year who have the bulk of the business curriculum still ahead of them. It is assumed that students will have taken a high-school algebra class, but will perhaps have forgotten what they learned there. Weekly problem sheets, a midterm and a final.
286C Bioethics (3)Discussion -- 3 hours. This course examines the ethical and legal issues that arise from biomedical research and use of medical technologies. The curriculum may include issues arising from end-of-life care, assisted reproductive technologies, genetic and regenerative medicine research, organ transplantation, and human subject research. Completion of the course requires a research paper. Class limit: 18 students.
289A Biotechnology Law and Policy Seminar (2)Seminar -- 2 hours. Students will lead a class discussion and write a research paper that may satisfy the writing requirement. Coverage includes the regulation of biotechnology research, including restrictions on cloning and fetal stem cell research; regulation of the products of biotechnology to protect human health or the environment, including restrictions on use or distribution of genetically modified organisms; the availability and scope of intellectual property protection for biotechnology products, including genes and engineered organisms; and the international law governing access to the natural resources that provide the starting materials for biotechnology and trade in bioengineered organisms or their products. Enough background is provided on the science and law that anyone with an interest in the topic should be comfortable in the class. Class limit: 15 students.
215 Business Associations (4)Discussion -- 4 hours. This course provides a broad survey of the legal rules and concepts applicable to business associations, both public and closely held. Principal attention is given the corporate form of organization, although partnerships and other associational forms are also treated briefly. Topics surveyed include the planning of business transactions, the process of incorporation, the financing of corporations, the roles of management and shareholders, the federal securities laws, and social responsibility.
228 Business Planning and Drafting (3)Discussion - 3 hours. Prerequisites: 215 Business Associations or instructor consent and 220 Federal Income Tax or instructor consent. Caution: The prerequisites for this class are rarely waived, so do not register for the course unless you have satisfied them or received advance approval from the Professor waiving them with respect to you. This course acquaints students with a range of business transactions frequently encountered by lawyers representing business clients and/or individuals of moderate or large wealth. The course will focus on both business and tax issues, strategies, and techniques relative to formation of business entities and common business and personal transactions such as real estate acquisitions, loan agreements and the like. The Professor, in his/her discretion, will determine each semester whether the course will emphasize transactions involving business entities or typical personal transactions of the moderately wealthy. The class is taught using the problem method and includes significant work drafting legal documents and/or class presentations. The Professor, in his/her sole discretion, may assign the projects as either group projects or individual projects. There is no final exam. Final grade based solely on completed assignments of written work and class participation/attendance. Class limit: 12 students.
285T California Environmental Issues Seminar (2)
412 Carr Intraschool Trial Advocacy Competitio (1)Named after the late Justice Frances Carr. Students participate in mock trials presided over by judges and critiqued by experienced litigators. A preliminary round is followed by quarter-finals, semi-finals, and a final round. Competition is open to second and third year students. Grading is on a satisfactory/unsatisfactory basis. Class limit: 40 students.
203 Civil Procedure (5)A study of civil actions including the methods used by federal and state courts to resolve civil disputes. Among the topics covered are the relation between federal and state courts; the power of courts over persons, property and subject matter; the scope of litigation; preparation for trial through pleading, discovery and pretrial; devices for resolving actions and issues before and during trial; functions of judge and jury; and the finality of the trial court's disposition.
420 Civil Rights Clinic (2 to 6)Prerequisites: Prior or concurrent enrollment in 219 Evidence. This clinic provides practical experience in providing legal services to indigent clients who have filed civil rights actions in state and federal trial and appellate courts. Students work on clinic cases under the supervision of the clinic director. Students are required to follow the clinic office procedures and to employ skills such as interviewing, counseling, research, writing, negotiating, taking and defending depositions, and possibly oral and trial advocacy. Students are certified to appear in court. Each unit of clinic credit assumes four hours of work per week. In any one semester, a minimum of two units (eight hours) of clinic work is required; this clinic work is required in addition to any credit received in the skills component of this program. Grading is on a satisfactory/unsatisfactory basis. Class limit: 12 students.
267 Civil Rights Law (3)Discussion -- 3 hours. Course coverage includes civil remedies for civil rights violations under the primary United States civil rights statute. Specifically, it covers actions for constitutional and statutory violations under 42 USC section 1983, affirmative defenses, and abstention doctrines.
243 Commercial and Bankruptcy Law (4)Discussion -- 4 hours. The main theme of this course is the debtor who doesn't have enough money (or unwilling) to pay debts. We examine remedies available to creditors to force payment, along with devices that creditors may use to give themselves priority against limited assets. Against this background, we then examine the role of bankruptcy. We consider bankruptcy both as a means for providing funds for creditors and as a device for maximizing asset value. The course assumes no prior experience in business or business law.
408 Community Education Seminar (3)Seminar/Clinical -- 3 hours. The purpose of this seminar is to train law students to educate the community about basic legal rights and responsibilities. Students attend an initial four-hour orientation, followed by weekly seminars that prepare them to teach in a local high school at least two times per week. Students must prepare a paper or journal, as determined by the instructor. Grading is on a satisfactory/unsatisfactory basis. Class limit: 15 students.
275 Complex Litigation (3)Discussion -- 3 hours. A study of the issues that frequently arise in large complex litigation involving multiple parties and multiple claims. The course treats in-depth the topics introduced in the first-year Civil Procedure course, with an emphasis on cutting edge issues currently the topics of litigation. The focus of the course this year is on class actions under Federal Rule 23 and covers current issues arising from mass tort (including asbestos and tobacco litigation), employment discrimination, and securities fraud class actions.
242 Conflict of Laws (Private International Law) (3)Discussion -- 3 hours. A study of how law operates across state and national borders. The topics covered include choice of applicable law in transactions involving multiple jurisdictions, recognition of judgments, and the exercise of jurisdiction. Particular emphasis will be given to conflicts analysis in transnational cases. The course deals with problems practitioners frequently encounter in a wide variety of fields, from commercial law to family law to law in cyberspace.
205 Constitutional Law I (4)Learn the principles, doctrines and controversies regarding the basic structure of and division of powers in American government. Specific topics include judicial review, jurisdiction, standing to sue, federalism, federal and state powers and immunities and the separation of powers among the branches of the federal government.
218 Constitutional Law II (4)Discussion -- 4 hours. This course principally covers the First Amendment and the Equal Protection Clause. The First Amendment materials and discussion involves an examination of freedom of speech and assembly: focusing on how the protection provided speech changes depending on the kind of speech that is regulated, the location where speech occurs, and the nature of the regulation that limits expression. The Equal Protection materials and discussion examine suspect class doctrine, including discrimination on the on the basis of race, gender, alienage and other characteristics, affirmative action, and the problem of invidious motive. State action doctrine will also be discussed.
202 Contracts (5)This course examines the sorts of promises that are enforced and the nature of protection given promissory obligations in both commercial and noncommercial transactions. Inquiry is made into the means by which traditional doctrine adjusts or fails to adjust to changing social demands.
296 Copyright (3)Discussion -- 3 hours. We will thoroughly examine the law of copyright, including its application to literature, music, films, television, art, computer programs, and the Internet. Issues addressed include: what works are eligible for copyright protection, the copyright owner's rights, the term of protection, copyright ownership and transfer, infringement, and defenses to infringement.
296 Copyright (3)Discussion -- 3 hours. We will thoroughly examine the law of copyright, including its application to literature, music, films, television, art, computer programs, and the Internet. Issues addressed include: what works are eligible for copyright protection, the copyright owner's rights, the term of protection, copyright ownership and transfer, infringement, and defenses to infringement.
245 Corporate and White Collar Crime (2)Discussion -2 hours. This course covers the law of conspiracy, corporate criminal liability, mail and wire fraud, the Hobbs Act, RICO, money laundering, obstruction of justice, and other white collar crimes and their associated defenses.
247B Corporate Tax (3)Discussion- 3 hours. This course is an examination of the federal income tax relationship between corporations and their owners. The class will cover the transfer of funds into a corporation on formation and the re-transfer of money and property from the corporation to its shareholders. The course also considers taxable and non-taxable corporate restructuring in the form of sales, mergers, acquisitions, and divisions of corporations. Subchapter S corporations, a pass-through tax regime for incorporated entities, will be discussed. The course is appropriate for students who intend to pursue careers advising clients in corporate formation, restructuring, and acquisitions, in other words, a general business practice.
210 Criminal Justice Administration Seminar (2)Seminar -- 2 hours. Satisfies advanced writing requirement. This course compares U.S. criminal procedure with that of other countries, particularly the differing roles of the prosecutor, defense counsel, and the judge. Class limit: 25 students.
206 Criminal Law (3)This course studies the bases and limits of criminal liability. It covers the constitutional, statutory and case law rules that define, limit and provide defenses to individual liability for the major criminal offenses.
227A Criminal Procedure (3)Discussion - 3 hours. This course examines the federal constitutional limits on government authority to gather evidence and investigate crime. Topics to be covered include Fourth Amendment limits on search, seizure, and arrest; the Fifth Amendment privilege against self-incrimination; and the Sixth Amendment right to counsel. While the course emphasizes current law and the evolution of Supreme Court doctrine, it also considers related policy questions on the role of police in a democratic society.
222 Critical Race Theory (3)Discussion - 3 hours. This course will examine race relations and racial discrimination in America through the perspectives of proponents of the Critical Race Theory movement ("CRT"), a collection of legal scholars who challenge both conservative and liberal political orthodoxies. CRT is part of an evolving tradition that originated with Critical Legal Studies ("CLS"), a movement of radical academics that sprang up in the 1970s. Topics covered will include anti-discrimination law, affirmative action, identity politics, the intersection of race, gender and class, post-modern conceptions of race, among others. As an additional component, this course will touch on recent theoretical off-shoots of CRT and critiques of CRT, such as LatCrit Theory and Critical Race Feminism ("CRF"). A special emphasis will be placed on CRF, which looks at the intersectionality of race and gender and focuses on the status of women of color under the law. Topics within this theme include essentialism, motherhood, lawbreaking, employment law, sexual harassment, and global issues.
245B Death Penalty Seminar (2)Seminar – 2 hours. Course offers an overview of the constitutional law governing the death penalty in the United States. After an initial look at the history of capital punishment and the arguments for and against the death penalty, the course will consider the following topics: early challenges to the death penalty; different statutory attempts to enact constitutional death penalty schemes; execution of offenders who commit non-homicide crimes and who are felony murder accomplices, juveniles, mentally retarded, insane or possibly innocent; jury selection in capital cases; the effect of race on capital sentencing; the roles of the defendant, defense counsel, the prosecutor, and the trial judge; the procedural requisites and evidentiary limits for capital sentencing trials; penalty trial instructions and arguments; and international standards regarding capital punishment. Class attendance is mandatory; preparation for, and participation in class is expected. There will be at least two short tests and a final paper. Enrollment will be limited to 20 students.
226 Disability Rights (2)Discussion -- 2 hours. This course focuses on the Americans with Disabilities Act (ADA) as it applies to employment, higher education, public accommodations, and government services and programs. Emphasis is on the statutory definition of disability, entities subject to the ADA, the “otherwise qualified” requirement, forms of discrimination, reasonable accommodation, and defenses.
408A Educational Policy and the Law (2)Seminar - 2 hours. Although not a prerequisite, 235 Administrative Law would be helpful. This seminar examines the interaction between policy and the law of various educational themes, such as the "right" to an education, schooling and race, legalizing the curriculum, language and education, financial equalization, merit and testing, privatization of education, and educational access. The goal of the seminar, however, is less a tour of topical educational issues than an inquiry into the possibilities and limits of a model of social and economic regulation that can reduce or cement inequalities. The course should be of interest to students interested in educational policy in particular and social regulatory policy in general. Class limit: 12 students.
240 Elections and Political Campaigns (2)Discussion -- 2 hours. Satisfies advanced writing requirement. This course covers selected constitutional and statutory aspects of federal and state elections, including campaign finance, initiatives, and other topical issues. Class limit: 25 students.
260 Employment Discrimination (3)Discussion -- 3 hours. Examination of federal laws prohibiting employment discrimination, including Title VII of the Civil Rights Act of 1964, the Equal Pay Act, the Age Discrimination in Employment Act, the Americans with Disabilities Act, the Rehabilitation Act of 1973, and section 1981.
455 Employment Relations Externship (2 to 6)Prerequisite: prior or concurrent enrollment in 251 Labor Law or 260 Employment Discrimination. Provides practical experience in employment relations, including employment discrimination and public sector labor law. Students work under the direct supervision of a government lawyer and have the opportunity to participate in a range of activities associated with their specific office, with emphasis on observation and participation in actual investigation, interviewing, drafting pleadings, and attendance at hearings. Journals and attendance at one or more small group meetings are required. Students also must complete an evaluative final paper of approximately 5 to 7 pages. Grading is on a satisfactory/unsatisfactory basis.
282 Energy Law Seminar (2)Seminar -- 2 hours. Elective course for Environmental Law Certificate Program. The seminar explores the history, law, and public policy of energy regulation in the United States, emphasizing economic and environmental regulation. Competitive restructuring of the natural gas and electric utility industries is emphasized. The basic regulatory schemes for other energy sources -- hydroelectric power, coal, oil, and nuclear power -- are explored depending on class interest. This seminar is recommended to anyone interested in the energy sector, various models of economic regulation, or regulated industries.
285 Environmental Law (4)Discussion -- 4 hours. Core course for Environmental Law Certificate Program. An introduction to environmental law, focusing primarily on federal law. Includes coverage of the historical development of environmental law, including the transition from common law to statutory law; the role of courts, the legislature, and the executive branch in the development and implementation of environmental policy; allocation of authority among different levels of government; the role of market forces in environmental decisions; and the major regulatory strategies that have been applied to control environmental harm. Major statutes considered include the National Environmental Policy Act, Endangered Species Act, Clean Air Act, Clean Water Act, Resource Conservation and Recovery Act, and Comprehensive Environmental Response Compensation and Liability Act.
450 Environmental Law Externship (2 to 4)Prerequisite: completion of or concurrent enrollment in 285 Environmental Law and instructor consent. Practical experience in environmental law. Students work in an approved government, nonprofit, or private law office engaged in some form of environmental law work for a minimum of eight hours per week. Students must prepare a journal describing and reflecting upon their clinical experiences and meet periodically with the instructor. Grading is on a satisfactory/unsatisfactory basis.
409 Environmental Law Moot Court Competition (2)During the first eight weeks of fall semester, students research and submit briefs as appellants, respondents, or third parties on a problem of environmental law that is prepared by the National Environmental Law Moot Court Board. Students attend four to six classes (including guest lectures) on aspects of appellate advocacy, legal writing, and environmental law. Members of the spring environmental moot court team are selected on the basis of their performance in class. Grading is on a satisfactory/unsatisfactory basis.
285B Environmental Practice (3)Discussion - 3 hrs. Core course for Environmental Law Certificate Program. Prerequisite: prior enrollment in 285 Environmental Law is recommended, but not required. This class examines underlying theory and practice in securing compliance with our major environmental laws. After exploring basic principles of enforcement, we look at current issues arising in implementing environmental law in civil prosecutions, criminal prosecutions, and citizen suits. These include environmental federalism, deterrence-based and cooperation-based theories of enforcement, penalty policies, supplemental environmental projects, mens rea requirements for criminal violations, and standing and other prerequisites for citizen enforcement. In addition to statutory, regulatory, and case materials, the class includes case studies, role plays, and extensive policy discussion.
418 Environs (1-2)Environs is a biannual environmental law and policy journal which supports an open forum for the discussion of current environmental issues. Articles explore environmental issues, particularly those pertaining to the state of California. The editor in chief of Environs receives two unit of credit for each semester of service. Managing editors receive 1 unit of credit. Grading is on a satisfactory/unsatisfactory basis.
418 Environs Editor (1)The editor in chief of Environs receives one credit for each semester of service. Only one person may receive this credit in any one semester. Grading is on a satisfactory/unsatisfactory basis.
214 Estate and Gift Taxation (3)Discussion - 3 hours. Prerequisite: 220 Federal Income Taxation. Recommended: 221 Trusts, Wills, and Decedents" Estates. Fundamentals of federal transfer taxation, including the estate tax, the gift tax, and the generation-skipping transfer tax.
223 Estate Planning Seminar (2)Seminar - 2 hours. Satisfies advanced legal writing requirement. Prerequisite: 221 Trusts, Wills, and Decedents Estates. Selected topics in the estates and trusts area. Coverage varies depending on instructor. Class limit: 10 students.
219 Evidence (4)Discussion - 3 or 4 hours. This course covers rules regarding the admissibility of testimonial and documentary proof during the trial of civil and criminal cases, including rules governing relevancy, hearsay, the examination and impeachment of witnesses, expert opinion, and constitutional and statutory privileges. Note: the 3-hour version of the course is a faster-paced course that will cover only the federal rules of evidence, and students intending to do trial work in California are advised to take the 4-hour version.
272 Family Law (3)Discussion - 3 hours. An introduction to the legal regulation of the family. Coverage will include laws and public policies governing marriage and non-marital relationships; the parentage of children born through assisted reproductive technologies; the economic consequences of marital and non-marital dissolutions; child custody and visitation; and interstate jurisdictional issues.
435 Family Protection Clinic (4)Prerequisite: prior or concurrent enrollment in 219 Evidence to qualify for state court certification. Each student is required to enroll for two semesters, receiving four units each semester for total of eight units. Students represent low-income persons in family law and related matters arising out of situations involving family violence. Students are supervised by the staff attorney at the clinic’s office located in Woodland at the Sexual Assault and Domestic Violence Center of Yolo County. The clinic begins with an intensive seminar during one of the first weekends of fall semester, six hours on Saturday and six hours on Sunday, focusing on domestic violence. Subsequent two-hour seminars are held throughout the year, with approximately 12 seminars being held fall semester and 3 spring semester. Clinical component: Each student performs 10 hours of clinical work per week during the fall semester and 12 hours per week during the spring semester. Under the supervision of the staff attorney, each student represents a maximum of five or six clients at a time, depending on the legal work required. Legal representation focuses on child custody and visitation, child support, dissolution, and property division. Students also assist clients in obtaining health care services, housing, and public benefits. Students gain experience in obtaining temporary restraining orders for abused women through the Sexual Assault Center’s weekly TRO clinic. Class limit: 12 students.
285D Farmworkers and the Law (2)Discussion -- 2 hours. Course will provide an overview of California and federal laws impacting farmworkers and how such laws have been applied to regulate working conditions in agriculture. This class will discuss the challenges faced in advocating for improvement of workplace and housing conditions in the agricultural industry. Topics covered will include: wage and hour laws, health and safety regulations, pesticides, farm labor contractors and sharecropping, administrative agency enforcement, anti-retaliation and concerted activity protections, farmworker housing, discrimination and harassment, guest workers and various immigration issues.
220 Federal Income Taxation (4)Discussion - 4 hours. There are no prerequisites, although this course is a prerequisite for most other tax courses. This course surveys the federal income tax system, with consideration of the nature of income, when and to whom income is taxable, exclusions from the tax base, deductions and credits, and tax consequences of property ownership and disposition. Our objective will be to explore and critically evaluate the concepts and policies underlying the federal income tax, as well as to learn to interpret the statutory provisions by which these concepts and policies are implemented.Because the federal income tax affects and influences nearly all fields of law, every attorney should be exposed to the basic concepts embodied in the Internal Revenue Code and the accompanying judicial and administrative interpretations. This course is therefore geared to the future general practitioner as well as the future tax and business law specialist. This course is not particularly numbers or math intensive and prior knowledge of accounting is not necessary (if you can add your fingers together, you'll be fine).
(Spring Semester 2010)
Discussion - 4 hours. An introduction to basic principles of federal income taxation. Topics include identification of income subject to tax, gains and losses from property transactions, deductions from income, the timing of income and deductions (tax accounting), and the assignment of income to other taxpayers.
246 Federal Jurisdiction (3)Discussion -- 3 hours. Prerequisite: 205 Constitutional Law I. A study of the subject-matter jurisdiction of federal courts. The constitutional and statutory grants of authority to federal courts to adjudicate actions arising under federal law or between parties of diverse citizenship are examined in contemporary detail and from the perspectives of history and the Constitution. The course begins with a close examination of the scope and sources of the rules governing the jurisdiction of the federal district courts, and proceeds to develop a general theory of federal jurisdiction that includes federal appellate jurisdiction, writs of habeas corpus, abstention, justiciability, and state sovereign immunity. Fundamentally this course seeks to elaborate the constitutional themes of separation of powers and federalism as guides to critical understanding and evaluation of the Supreme Court?s leading cases on the scope of federal jurisdiction.
430 Federal Taxation Externship (2 to 6)Prerequisite: completion of 220 Federal Income Taxation. Students in this program have the opportunity to work with the Internal Revenue Service or other governmental tax agency. Journals and attendance at group meetings are required. Grading is on a satisfactory/unsatisfactory basis.
259 Feminist Legal Theory (3 units)Discussion - 3 hours. This course provides an overview of feminist legal theory. Readings cover women's legal history and feminist legal theory, including liberal, radical, cultural, anti-essentialist, and post-modern feminism. After spending the first six weeks of the course discussing these various strands of feminist theory, students will consider the relationship between theory and practice by looking at a number of issues that arise at junctures where women?s lives encounter law(e.g., pornography, reproductive freedom, sexual harassment, rape, women in the legal profession, work/family balance). Those enrolled determine which of these intersections they wish to cover, and each student is required to assign course readings and lead class discussion (solo or as part of a 2-3 person team) on one of the selected topics. Students must also write a 12-page research paper in order to earn 2 units of credit. Students are encouraged to write a longer paper in order to earn an additional unit of credit and to satisfy the advanced writing requirement.Each student must also present her/his research paper to the class during one of the last several weeks of the semester. No examination. Class limit: 12 students.
269T Financial Markets, Law of (2)
248T Fundamentals of Public International Law (1)Discussion - 1 hour. This course will introduce students to the basic principles of international law as well as basic techniques of international legal research. We will cover the sources of international law; the roles played by states, organizations, and individuals in international law; and the interaction of domestic law (especially U.S. law) and international law. We will discuss some of the procedural and practical hurdles that accompany arguing cases before international tribunals. The research component will involve hands-on assignments to track down international legal materials.
498 Group Study (1 to 4)Groups of students (not fewer than four and not more than 10) with a common interest in studying a stated legal problem may plan and conduct their own research and seminar program, subject to the following six regulations: (1) the program extends over no more than two semesters; (2) the program plan and the list of group members are submitted to the dean’s office at least four weeks prior to the opening of the semester in which the program is to begin; (3) a three member faculty board is appointed for each group with the authority to approve or disapprove the program and the amount of credit sought; (4) any changes in the program or in the group’s membership is approved by the faculty board (normally, these changes are only approved prior to the semester in which the program begins); (5) the members of the group conduct a weekly seminar session at a time and place to be arranged by them; and (6) each member of the group submits an individual paper or an approved alternative based on the seminar subject to the faculty board. Grading is on a satisfactory/unsatisfactory basis unless the entire group asks in advance for letter grades.
286B Health Care Law (3)Discussion -3 hours. The course addresses legal issues raised in three general areas: access to health care, health care financing, and quality of care. Course materials and discussion will focus on both public and private aspects of these issue areas. Likely topics are discrimination, "patient dumping," cultural and linguistic competency, public and private health care financing mechanisms, ERISA, licensure and accreditation.
254 Housing Law (2)
292 Immigration Law and Procedure (3)Discussion -- 3 hours. The course surveys the history of U.S. immigration law and policy; federal agency interrelationship (departments of Justice, State and Homeland Security); family and employment visa preferences; categories of nonimmigrant (temporary) visas; grounds for removal; removal procedures; defenses to removal; discretionary relief from removal; questions of administrative and judicial review; refugee and asylum law; national security issues; undocumented migration; and citizenship and naturalization.
440 Immigration Law Clinic (2 to 6)The minimum units for the course are four and the maximum is 12. Each unit assumes four hours work per week, including participation in the seminar, conference, and case research and development. Students may represent clients in administrative law hearings in San Francisco. Students who have completed 292 Immigration Law and Procedure may take the clinic for a minimum of two units. Grading is on a satisfactory/unsatisfactory basis. Class limit: 12 students (up to 15 upon instructor’s approval).
277T Indian Gaming Law Seminar (2)Seminar - 2 hours. The explosive growth of Indian gaming has created one of the most controversial legal and political issues in California and around the nation. California is home to more Indian casinos than any other state. The course will survey the major provisions of the federal Indian Gaming Regulatory Act of 1988, the tribal-state compacting process, the tri-partite regulatory framework for Indian gaming, urban and other off reservation gaming on newly acquired lands, the federal approval of management contracts, agreements between tribes and local governments to mitigate environmental and economic impacts of gaming activities, and the relationship between Indian gaming, state gambling laws, gaming initiatives and voter approved amendments to the California Constitution that have shaped Indian gaming.
495 Instruction in Legal Research and Writing Skills (2)Participants assist in instructing the legal research and writing programs for first-year students under the direction of the legal research and writing instructors. Approval of the research and writing instructors is required for enrollment. Participants may assist once in the legal research program and once in the legal writing program. One unit is given in the fall for legal research instruction and two units in the spring for legal writing instruction. Grading is on a satisfactory/unsatisfactory basis.
274 Intellectual Property (3)Discussion -- 3 hours. This course provides a broad survey of intellectual property law. Areas covered include trade secrets, patents, copyright, and trademark. We will examine legal doctrine as well as the theories and policies animating the intellectual property system. In exploring these topics, we will frequently consider the challenges posed by recent technological advances and Internet-based media distribution. No technical background is required.
274D Intellectual Property and Historical Context Seminar (2)Seminar – 2 hours. Satisfies advanced writing requirement. Intellectual property rights (IPRs) are thought by many to be some of the most important assets at work in the economy today. As the developed world continues its shift from an emphasis on manufacturing toward an “information economy,” IPRs are expanding rapidly. Old rights are being strengthened in many ways, the new IPRs are created rapidly to deal with new products and services. The goal of this seminar is to take a step back from this particular moment of historical flux, and look to see how the legal system ahs adapted to earlier periods of rapid change by creating, delimiting, and expanding IPRs. Class limit: 18 students.
465 Intellectual Property Externship (2-6)
Prerequisite: Public Interest Seminar and Comparative Public Service both recommended. Students in this program have the opportunity to work for government, academic, and nonprofit entities. Students perform a variety of functions related to evaluating, obtaining, and licensing intellectual property. Such activities may include assisting in patent prosecution, prior art searches, freedom to operate analyses, license drafting, and license negotiations. Journals, time sheets, and attendance at two group meetings are required. Students also must complete an evaluative final paper of approximately eight pages. The hours completed in this public interest setting may apply toward the practicum requirement for the Public Interest Law Program. Grading is on a satisfactory/unsatisfactory basis.
247A International Aspects of U. S. Taxation (3)Discussion – 3 hours. Prerequisite(s): 220 Federal Income Taxation. Completion or current enrollment in a course covering the domestic taxation of corporations is suggested but not required. Corporate Tax may be taken concurrently. Examine the U.S. income tax laws and policies related to the taxation of foreign income of U.S. persons and U.S. income of foreign persons. Course will emphasize fundamental issues of cross-border activities, including jurisdiction to impose tax, taxable nexus, source of income, the foreign tax credit system for avoiding double taxation, the U.S. anti-deferral regime, and income tax treaties.
270 International Business Transactions (2)Discussion -- 2 hours. A consideration of select legal problems arising from international business transactions. Topics include the international sales contract, letters of credit, transfers of technology, regulation of bribery, development of joint ventures, repatriation of profits, and foreign exchange problems.
230 International Environmental Law (3)Discussion - 3 hours. Elective Course for Environmental Law Certificate Program. This course provides an overview of the structure and basic principles of international environmental law and policy. The course considers the challenge of addressing global environmental problems in a system characterized by multiple sovereign governments, the regulatory limitations of U.S. law, and the basic structure and principles of international environmental law, as well as substantive areas such as climate change, biodiversity and wildlife protection, and the intersection of international trade and the environment. Prior course work in environmental law and/or international law is helpful.
291A International Finance (4)Discussion -- 4 hours. Money makes the world go round. We will try to follow that money, learning how a framework of national and international laws and institutions regulates (or perhaps fails to regulate) its flow. We will study the regulation of the securities and financial markets by the United States and other money centers, as well as international arrangements such as the Basle Accord on Capital Adequacy and the financial services agreement of the World Trade Organization. We will pay particular attention to the problems of financial crises and sovereign debt in the emerging market nations. Other topics will include bilateral investment treaties, multinational corporations, project finance, bank lending, asset securitization and derivatives.
248B International Human Rights (3)Discussion - 3 hours. This course will study international law respecting the protection of individuals from harm, both by the state and, increasingly, by other individuals. Examined will be the development of human rights in the periods after the World Wars and since, through: foundational documents ranging from the Universal Declaration of Human Rights to the Convention Against Torture, institutions ranging from the United Nations to the African Union, and judicial fora ranging from the U.S. Supreme Court to the European Court of Human Rights. Issues to be explored may include: the interaction of national, regional, and international rights regimes; remedies and enforcement mechanisms; states' responsibility to protect; the interplay of international human rights law, international humanitarian law, and international criminal law; the tension between individual rights and public security; the substantive requirements of specific human rights norms; human rights protection of vulnerable populations such as children or disabled persons; and the interrelation of civil and political rights with economic, social, and cultural rights.
291B International Investment Dispute Seminar (2)Seminar -- 2 hours. This seminar will examine the law of investor-State dispute resolution. We will focus on treaty law as reflected in regional trade agreements such as NAFTA and bilateral investment treaties (BITs), with some emphasis on those agreements to which the US is a party, as well as on customary international law that protects investors from expropration, denials of justice, and discriminatory treatment. We will examine the actual mechanisms for investor-State dispute settlement under arbitral facilities such as the international Centre for Settlement of Investment Disputes. We will also address the environmental and social issues surrounding international legal protection of foreign investment and proposals for including such protections in the Free Trade Agreement of the Americas and in the Doha Round of WTO negotiations.
248 International Law in the Public Sphere (Public International Law) (3)Discussion -3 hours. This introductory course covers basic international law concepts and the law-making process. Topics covered include treaty law and customary international law; the relationships between international law and national law; dispute settlement and international litigation; states, international organizations and other "persons" in international law; jurisdiction; and international regulation of transnational problems.
252 International Litigation and Arbitration (3)Discussion -- 3 hours. The course explores current developments in international law, conflict of laws, civil procedure, arbitration, and comparative law in the context of transactions and disputes that cut across national boundaries. Topics covered include jurisdiction to prescribe, jurisdiction to adjudicate, the enforcement of judgments, the relative merits of arbitration and adjudication, international discovery, and international choice-of-law problems.
290 International Trade Dispute Seminar (2)Seminar -- 2 hours. Satisfies advanced writing requirement. The WTO and other regional trading agreements, particularly the NAFTA, provide mechanisms for the resolution of trade disputes. Some of those trade disputes are also investment disputes, an appellation that may shift the dispute resolution mechanism away from established supranational bodies and into ad hoc arbitral fora. This seminar introduces students to the economic, political, and legal theories underlying the establishment of such bodies, with particular reference to cases brought under the aegis of the WTO. Students will also have the opportunity to compare those traditional trade disputes to investment disputes authorized by certain investment treaties. Each students grade will be based on a paper and a class presentation on the subject of the paper, as well as on class participation.
413 Interschool Competition (1 to 3)Prerequisite: permission of the faculty advisor. Participation in interschool moot court and lawyering skills competitions. Enrollment is limited to students actually representing the school in the interschool competitions. Competition must be authorized by the appropriate faculty advisor. The faculty advisor may condition the award of academic credit for any particular competition on the performance of such additional work as may be reasonable to justify the credit. Grading is on a satisfactory/unsatisfactory basis.
200a Introduction to U.S. Law (2)Course is only offered to L.L.M. students
248T1 Is International Law Democratic? (2)Seminar - 2 hours. Prerequisite: Must be currently taking or have taken at least one other course in the international law curriculum. Satisfies advanced writing requirement. We will examine the international law-making legal process, theories of democracy, and the relationship of international and national tribunals. Today, many scholars and activists increasingly challenge international law as being inconsistent with democracy. They raise alarms about the power of tribunals in Geneva and the Hague. Today?s democrats find the whiff of authoritarianism in the International Criminal Court, the International Court of Justice, North American Free Trade Agreement tribunals, the International Tribunal for the Law of the Sea, and, especially, the (awkwardly named) Appellate Body of the Dispute Resolution Body of the World Trade Organization. Right-wing critics in the United States argue that international law will subject this country to human rights, labor, health, environmental, and military rules not of our own making. They object to the internalization of international norms in U.S. courts and the interpretation of the U.S. Constitution in light of international practice. Left-wing critics challenge what they see as the imposition of economic norms through the World Trade Organization. Students will each choose a particular international law regime to evaluate for its compatibility with democracy. Class limit: 12 students.
411A Journal of International Law and Policy Editor (1)The Journal of International Law & Policy is a biannual journal produced by King Hall students with an interest in international law. The journal's goal is to provide interesting and well-written articles by both students and professionals. The editor-in-chief of the Journal receives two credits for each semester of service. Managing editors receive 1 unit of credit. Grading is on a Satisfactory/Unsatisfactory basis.
411B Journal of Juvenile Law and Policy Editor (1)The Journal of Juvenile Law and Policy is a biannual publication that addresses the unique concerns of children in the American legal system. The editor-in-chief of the journal receives two credits for each semester of service. The editor-in-chief of the Journal receives two credits for each semester of service. Managing editors receive 1 unit of credit. Grading is on a Satisfactory/Unsatisfactory basis.
425 Judicial Externship (2 to 6 or 12)Prerequisite: enrollment in 261 Judicial Process Seminar required for full-time clinical students and recommended for part-time clinical students. Judicial Process Seminar is only offered in the fall and must be taken concurrently with or in advance of enrollment in the Judicial Clinical. Students may arrange for judicial clerkships with an approved list of state and federal judges through the Clinical Office and under the sponsorship of the faculty member in charge. All students must complete weekly time records and bi weekly journals. Both full- and part-time externs must complete an evaluative final paper. Grading is on a satisfactory/unsatisfactory basis.
261 Judicial Process (2)Discussion-- 2 hours. Required for all full-time judicial externs and recommended for part-time judicial externs. Offered only in the fall -- must be taken concurrently with or in advance of the full-time judicial externship. The seminar examines a variety of issues concerning the judicial process. The focus is on the judge?s role in the legal process, the administration of justice, ethical issues, decision making, bias, and critical examination of the strengths and weaknesses in our current judicial system.
248A Jurisdiction in Cyberspace Seminar (2)Seminar -- 2 hours. Satisfies advanced writing requirement. Who should govern cyberspace? Does the Supreme Court's decision in MGM v. Grokster matter if Canada or South Korea legalize peer-to-peer services? Should Yahoo be able to claim the First Amendment's protections as it sells things in cyberspace, even against French laws that criminalize the glorification of the Nazi era? What if Antigua permits online gambling but the United States bans it? To learn the privacy law applicable to a website based in Seattle, do we need to look to the law emanating from Brussels? The seminar will review concepts in international law, conflicts of law, cyberlaw, and federal jurisdiction to address the growing multi-jurisdictional conflicts created by the Internet. We will examine European efforts at crafting intra-Europe jurisdictional rules, as well as other international jurisdiction treaty projects such as those at the Hague. Class limit: 12 students.
250 Jurisprudence Seminar (2)Seminar--2 hours. This course deals principally with the question of how judges should decide "hard cases," where the content of the law is in doubt and competent arguments have or could be offered for mutually inconsistent decisions in favor of either party. This question requires examination of the broader question of the relationship between justice and law, and hence of the still broader questions of the nature of "justice" and "law." To what extent should a judge's personal convictions about justice affect decisions about the legal rights of the parties to a lawsuit? Does it matter if the judge is dealing with a case in which the controversy concerns the proper interpretation of precedent rather than legislation? Is it any more appropriate for a judge to resolve doubtful cases by appeal to "the public interest" than by appeal to the judge's personal sense of right and wrong? It should not escape your notice that virtually every case in which the Supreme Court of the United States grants review on a question of constitutional law is a "hard case"of the sort studied in this course. Introductory readings of a general and synthetic nature will be followed by a study of the work of several leading philosophers of law and adjudication, with particular emphasis on the work of Ronald Dworkin. Previous study of philosophy is neither required nor discouraged. Grading will be based on weekly in-class contributions to the intellectual life of the seminar, and on a formal paper of about 20 pages. Class limit: 12 students.
276 Juvenile Justice Seminar (2)Seminar -- 2 hours. Legal and philosophical bases of a separate juvenile justice process for crimes committed by minors; police investigation, apprehension, and diversion; probation intake and detention; juvenile court hearing and disposition; juvenile corrections. The role of counsel at each phase of the process is examined. Guests speakers and a possible field trip.
251 Labor Law (3)Discussion -- 3 hours. Survey of the legislative, administrative, and judicial regulation of labor relations under federal law. The course focuses on the historical development of labor law, the scope of national legislation, union organization and recognition, the legality of strikes, picketing, and the negotiation of collective bargaining agreements.
251T Labor Law I (2)Discussion - 2 hours. Students who previously took Labor Law in Fall 2008 may not enroll in Labor Law I. Survey of the legislative, administrative, and judicial regulation of labor relations under federal law. The course surveys the historical development of labor law, and covers the regulation of union and employer conduct from the beginning of the union's efforts to organize the workplace, through the negotiation of a collective bargaining agreement. Topics include protected employee rights and employer unfair labor practices under the NLRA; union recognition elections and alternative routes to recognition of the union; the duty to bargain collectively; the employees' right to engage in concerted activity, picketing, and boycotts, and limitations on those rights. The course will be conducted through a mix of traditional lecture and discussion, and a "hands-on" simulation of the collective bargaining process. The students will be evaluated based on a closed-book final exam, unless they collectively bargain something different with the instructor.
256 Land Use Planning and the California Environmental Quality Act (2)Discussion -- 2 hours. Elective Course for Environmental Law Certificate Program. Local agencies, developers, environmental interest groups, and others regularly deal with the administrative and legislative applications of land use planning and development laws. Topics include zoning, general plans, local government land use regulation, and related areas of litigation. In addition, the course analyzes the expanding role of the California Environmental Quality Act.
222A Latinos and Latinas and the Law (2)Seminar -- 2 hours. May satisfy the advanced legal writing requirement at the discretion of the instructor. This seminar analyzes some of the legal issues of particular relevance to the Latino community in the United States, including racial identity, immigration, language regulation, national and transnational identity issues, affirmative action, and civil rights. The course is interdisciplinary in focus and considers research in the social sciences and the humanities as well as legal sources.
284 Law and Economics (3)Discussion -- 3 hours. The course neither presumes nor requires any background in economics. This course introduces students to the economic analysis of law. In the first part of the course, we will explore several economic methods and concepts, including rational choice theory, behavioral economics, and utilitarianism. In the second part of the course, we will apply these tools to illuminate and critique familiar areas of law, including property, contracts, torts, criminal law, and civil procedure. Throughout the course, students will consider the arguments put forward by proponents and critics of law and economics regarding its merits as an approach to legal analysis. In this regard, the course will address how economic analysis complements and conflicts with other concerns of the legal system, including fairness and efficiency.
294A Law and Popular Culture (2)Seminar -- This course examines works of popular culture, films, and legal texts. Each session will focus on a particular film and its cultural implications, particular problem or problems of law, law practice, legal ethics, traditional ethics, or public policy.
216A Law and Religion Seminar (2)Seminar -- 2 hours. Satisfies advanced writing requirement. The primary focus of the course will be federal constitutional law relating to religion B the interpretation and application of the Free Exercise Clause and the Establishment Clause of the First Amendment. State constitutional law will also be considered. The course will also cover federal and state statutes relating to religion, e.g. state Religious Freedom Protection Acts and the federal Religious Land Use and Institutionalized Persons Act (RLUIPA). If time permits, we will address how religious liberty concerns influence traditional common law areas such as Tort law. There is no final exam. Final grade based solely on completed assignments of written work. Class limit: 25 students.
254T Law and Rural Livelihoods Seminar (2)Seminar - 2 hours. This course provides a broad overview of law as it relates and applies to rural people and places. Course will consider, for example, tort, property, family, criminal, and constitutional law, to the extent that their doctrines have evolved in a way that the law applies differently to rural populations than to urban ones. The course will also consider specific bodies of law that have particular relevance in rural areas: welfare and poverty, land use, agricultural, and others. The character of rural-urban difference and the challenges that arise from getting law to attend to those differences will be discussed. A multi-disciplinary approach will be encouraged in considering the junctures at which rural livelihoods encounter legal actors and processes, with particular attention to the scholarly literature in rural sociology and rural economics. Students will be required to write a 20-page paper, which will satisfy the advanced writing requirement. No examination.
287T Law and Society Seminar (2)Seminar -- 2 hours The study of law and society challenges traditional legal scholarship by exploring the multiple ways in which law both shapes and is shaped by societies and social interactions. This seminar will introduce students to some of the important literature and debates in the field of “law and society” studies: including the social construction of disputes; social movements and the law; the relation of law to class, race, and gender; and the capacity of law to produce social change. Special emphasis will be placed on the contribution of law and society studies to the understanding of the criminal justice system, including topics such as access to justice, plea bargains, and policing. Satisfactory completion of the seminar can be met with engaged class discussion, and either a research paper or several short response papers. Class limit 15 students.
475A Law Making and Law Changing in the Nation's Capital (3)This seminar is the companion seminar to the Washington UC-DC Externship and is designed to enhance the externship experience in three principal ways:
1. Teach students about the process of federal lawmaking directly from leading government lawyers, lobbyists, public interest advocates, and journalists.
2. Allow students to explore new career opportunities unique to the lawyering in Washington as they enhance their skill sets for success in any career path.
3. Have students investigate the unique roles of lawyers in making and changing federal law and policy.
Class sessions generally include guest speakers and class discussion based on students' questions submitted in advance. Part of each session will be devoted to a "grand rounds"-style exchange to facilitate peer-to-peer learning about lawyering at the broad range of externship sites. Each student will write a final paper, typically on a legal topic selected in consultation with the instructor and the externship supervisor for educational value and salience to the office. The final classes of the term will be devoted to presentation of papers in progress. Each student will make detailed written comments on one fellow student's draft paper, and where possible will share those comments as a discussant when that paper is presented in class. A sample syllabus for the seminar is available at [http://www.law.ucdavis.edu/academics-clinicals/files/UCDC-Syllabus-fall-Sept-09-11p.pdf
.
215A Law of Corporate Governance Seminar (2)Seminar -- 2 hours. With the instructor's permission, students may substitute for the short papers a research paper in satisfaction of the advanced writing requirement. Prerequisite: 215 Business Associations. This seminar addresses advanced issues in the governance of publicly held corporations. In a public corporation, managers who run the business are distinct from shareholders who are said to own it. This separation of ownership and control is a central concern of corporate governance law. We explore how the law has addressed this issue at the theoretical level and in the context of topics such as the duties of corporate directors, shareholder voting rights, and competition among states to attract corporate charters. Grading is based on active class participation and short discussion papers. Class limit: 15 students.
266A Law of E-Commerce (2)Discussion -- 2 hours. As e-commerce becomes a principal mode of conducting business, the law struggles to adapt. This class explores the exciting legal issues that are emerging as crucial to the conduct of business in cyberspace. We begin by discussing the evolution and current administration of the Internet and the World Wide Web. After a brief foray into early claims that cyberspace should not be regulated at all, we examine how cyberspace is in fact being regulated. We cover a variety of issues relevant to businesses engaged in e-commerce, including jurisdiction, the domain name system, electronic contracting and signatures, intellectual property, privacy, taxation, and antitrust. The course reviews recent state and federal legislation dealing specifically with e-commerce, along with case law and secondary materials. The goal is not primarily to teach a number of rules, but rather to understand how to approach cyberspace issues.
240A Law of the Political Process (3)Discussion -- 3 hours. This survey course covers many of the foundational issues in the "law of democracy," as that body of statutory and constitutional law has developed in the United States. Topics to be addressed include the right to vote, apportionment of legislative districts, rights and duties of political parties, ballot access, the Voting Rights Act and related constitutional prohibitions on discriminatory political arrangements, judicial remedies, and alternative democratic structures.
417 Law Review Editor (2-2)Editors of the UC Davis Law Review may receive four credits over two semesters for service as an editor. Credits are awarded on a deferred basis upon completion of both semesters. Editors must have completed an editorship article and must perform editorial duties requiring a substantial time commitment.. Credit is awarded only after certification by the editor in chief and approval of the faculty advisors. Grading is on a satisfactory/unsatisfactory basis. (In exceptional cases, students may petition to participate for one semester only and to receive two credits.)
416 Law Review Writer (1 or 2 (maximum of 3 total))The writing of a law review article under the editorial supervision of editors of the UC Davis Law Review. Office hours (including but not limited to Bluebooking and cite-checking) are also required. In the spring semester, credit is obtained only upon achieving status as a member of the UC Davis Law Review, which requires that the student has made substantial progress towards completing an editorship article. Credit is awarded only after certification by the editor in chief and approval of the faculty advisors. One unit of credit is earned the first semester. Two units are earned the second semester upon nomination and acceptance of nomination to the Editorial Board. One unit is earned second semester if only a membership draft and office hours are completed. Grading is on a satisfactory/unsatisfactory basis.
258A Legal Ethics and Corporate Practice (3)
Discussion - 3 hours. This course satisfies the Professional Responsibility graduation requirement. The course focuses on corporate practice to explore the ethical responsibilities of lawyers. A large proportion of lawyers practice law in organizations that render advice to business clients. Navigating the landscape of the large law firm or corporate counsel’s office requires awareness of the distinctive experiences and minefields of this work. As such, this course examines the ethical and legal challenges that arise in corporate work, including incorporation, securities and regulatory counseling and compliance, transactions, civil litigation, internal investigations and criminal defense. It also introduces students to various governing standards of practice, both disciplinary and aspirational, including those promulgated by the American Bar Foundation, state bars (particularly California), the Securities and Exchange Commission, and the Treasury Department. By the end of the course, students will possess an in-depth understanding of the Rules of Professional Conduct and other law that applies to lawyers who represent corporations. Throughout the course, students will be exposed to the standard topics in the professional responsibility curriculum, including confidentiality, conflicts of interests, and duties to third-parties and tribunals. Students will be evaluated based on in-class participation and a final exam.
237 Legal History (2)Discussion -- 2 hours. A survey of Anglo-American legal history from the origins of the common law in medieval England through the twentieth-century. The course will focus on the development of legal institutions, such as courts and juries, as well as on doctrines of substantive law.
286D Legal Psychology Seminar (2)Seminar -- 2 hours. Unfortunately, statutes, case law and legal policies often reflect the untested assumptions and intuitions of the legislators, judges and policy-makers who draft them. This course examines how psychological theory and research can be used to shape laws and policies to make them better reflect what we know empirically about how individuals process information, make decisions and behave. Topics include jury decision-making, eye-witness identification, false memories, procedural justice, child witnesses, behavioral decision theory, therapeutic relationships, and the use of trial consultants in litigation. Students will also learn the basics of how to read and evaluate psychological research reports and how to appropriately apply such research to law and policy. Class limit: 20 students
257A Legislative Intent Seminar (2)Seminar - 2 hours. Satisfies advanced writing requirement. Will explore theories and principles of statutory and constitutional interpretation. Original intent vs. living constitution; permissible kinds of evidence for determining legislative intent; canons of construction; extent to which initiatives should be interpreted similarly to legislative enactments. Class limit: 20 students.
257 Legislative Process (2)Discussion -- 2 hours. The course covers fundamental elements of the legislative process, including legislative procedure, the legislature as an institution, lobbying, statutory interpretation, legislative-executive relations, and the Legislature’s constitutional powers and limitations.
445 Legislative Process Externship (2 to 4)Prerequisite: prior or concurrent enrollment in 240 Elections and Political Campaigns or instructor permission. This program is designed to provide students with practical experience in the operation of the office of a legislator or a legislative committee. The major thrust of the program is to enable students to become familiar with the give and take realities of making laws, as contrasted with their interpretation and enforcement. Journals are required. Grading is on a satisfactory/unsatisfactory basis.
281 Local Government Law (3)Discussion -- 3 hours Local Government Law explores the structure of state and local government through the lens of the virtues and flaws of the ideas of Madison and DeToqueville, i.e., centralized federal government vs. decentralized local government. Areas we will cover include, school funding and charter schools, structure of local elections, creation of special purpose districts and limited voting elections, regionalism, secession and annexation issues. A central question is: how do we create a zone of local autonomy in a system heavily skewed toward centralized control? Local Government Law is also conceptually similar to international law addressing the question of how do we structure relations among and between competing sovereigns (cities, counties, states and nations). There will be an exam at the end of class.
225 Marital Property (2)Discussion -- (2) hours. This course covers the California community property system, including the rights of marital and domestic partners during the ongoing relationship, and upon the end of the relationship by death or divorce. The curriculum may include all or part of the following: the use of agreements to bypass the community property system, characterization issues, and management and control issues.
239 Mediation: Theory and Practice (3)Discussion -- 3 hours. This practice-oriented course teaches the basic, practical knowledge necessary to begin a mediation practice. Those who do not choose to work as mediators also benefit by gaining a detailed understanding of the mediation process that enables them to counsel clients knowledgeably about the mediation option and represent clients ably in mediation. All participants learn communication skills that are valuable in working with clients and other attorneys, develop the ability to analyze disputes and understand why negotiations succeed or fail, and understand the advantages and limitations of mediation as a method of resolving disputes. We cover the stages of a mediation: contracting (establishing contact with the parties and explaining the process), developing the issues, working the conflict, resolving the conflict, and closure. Class limit: 24 students.
212A Medical Liability Law and Policy (2)Discussion - 2 hours. This course will consider the many ways in which society seeks to establish and maintain quality in patient care. A substantial, but not exclusive focus will be what is commonly characterized as medical malpractice law, including formulation of the concept of medical error, establishment of the applicable standard of care, and the range of defenses to claims of professional negligence. The doctrine of informed consent will be explored as an element of the standard of care. We will also consider the process by which professional licensing boards seek to establish and maintain standards of professionalism. The evolution of the liability of health care institutions and managed care organization is an important topic to be addressed, as well as the most recent developments in tort reform legislation.
228A Mergers and Acquisitions (3)Discussion - 3 hours. Prerequisite: 215 Business Associations. This course will take a practical approach to mergers and acquisitions, with an in-depth look at the planning, negotiation, documentation and completion of mergers and acquisitions. Areas explored will include the mechanics of alternative acquisition methods and transaction structures, the application of state corporate laws (focusing on Delaware and California), applicable federal securities laws, and fiduciary duties in both friendly and hostile transactions.
414 Moot Court Board (1)Prerequisite: 410A and 410B Appellate Advocacy. Members of the Moot Court Board assist in the administration of the School of Law’s Moot Court Program by performing a variety of tasks under the supervision of the course instructor. Members receive one credit for each semester of service on the board, up to a maximum of two. Credit is awarded only after approval by the instructor. Students must sign up to take both semesters. Grading is on a satisfactory/unsatisfactory basis.
277 Native American Law Seminar (2)Seminar -- 2 hours. Elective course for Environmental Law Certificate Program. The seminar focuses on legal relations between Native American tribes and the federal and state governments. Topics include the basic jurisdictional conflicts that dominate this area of law and cover specific areas such as land rights, hunting and fishing rights, water rights, domestic relations law, and environmental protection. Religious freedom and repatriation are covered. Issues regarding terminated and non-recognized tribes are also addressed.
265 Natural Resources Law Seminar (2)Seminar - 2 hours. Elective course for Environmental Law Certificate Program. Law 285 Environmental Law or Law 256 Land Use Planning recommended but not required. In-depth coverage of a specific topic in natural resources law. The topic varies from year to year. This year, we will take a close look at the challenges of managing the Sacramento-San Joaquin Delta, which is both the most important estuary on the west coast and the hub of California's water delivery system. The Delta is widely regarded as in ecological crisis, and there is fear that crisis could spread to the economy. We will look at management of the resources of the Delta broadly, including water quality protection, water supply, biodiversity protection, land use management, and governance issues. For background, see Delta Vision Blue Ribbon Task Force, Our Vision for the California Delta, available at http://deltavision.ca.gov/BlueRibbonTaskForce/FinalVision/Delta_Vision_Final.pdf, and Lund et al., Envisioning Futures for the Sacramento-San Joaquin Delta (Public Policy Institute of California, 2007), available at http://www.ppic.org/content/pubs/report/R_207JLR.pdf. The class will be open to graduate students in ecology as well as law students. If suitable arrangements can be made, the class will include a field trip to the Delta. Class limit: 12 law students.
211 Negotiations (2)Discussion - 2 hours. This skills-based course teaches theoretical and empirical approaches to negotiation for the purposes of making deals and resolving legal disputes. Students participate in simulations to develop negotiating skills. Class limit: 24 students.
271 Nonprofit Organizations and Drafting (4)Discussion -- 4 hours. Prerequisite: prior or concurrent enrollment in 215 Business Associations or instructor consent. This course focuses on the legal rules and concepts applicable to nonprofit organizations. The first part of the course (approximately 1/3) considers nonprofits from the state law perspective: organization, operation and dissolution of nonprofit corporations, charitable trusts and associations including internal governance rules, fiduciary obligations of officers and directors, rights of members, regulation of charitable solicitation, and enforcement powers of the attorney general. The balance of the semester is spent examining in detail the extensive federal tax laws applicable to nonprofits, including requirements for attaining tax-exempt status, the inurement and private benefit concepts, intermediate sanctions, limitations on lobbying and political activities, special rules applicable to foundations versus public charities, the unrelated business income tax, and charitable deductions. At the option of the instructor, the course might also cover nonprofit accounting issues, local property tax and other local tax exemptions, and public/private partnerships. Further, the course will include document drafting assignments. The grade for the class will be based on either 1) the document drafting assignments plus a final exam, OR 2) subject to accountability checks detailed at the 1st class, document drafting assignments only. The choice between these 2 options will be made by the instructor by the end of the first week of classes. The decision will be determined by majority vote of enrolled students. Class limit: 20 students.
271A Nonprofit Organizations I: State and Local Governance Issues (2)Discussion -- 2 hours. Prerequisite: prior or concurrent enrollment in 215 Business Associations or instructor consent. 271B Nonprofit Organizations: Tax Exemption and Taxation Focus is a related course that uses the same textbook but is NOT a prerequisite to this class. (271A and 271B are taught independently of each other, but a student interested in specializing in nonprofit organizations should consider taking both classes in the order that works for his/her schedule.) This course focuses on the state and local laws applicable to nonprofit organizations, e.g., public interest, cultural, religious, educational, and other not-for-profit entities. Although the course provides a brief overview of the federal tax exemptions of nonprofits, its primary focus is on state and local laws impacting nonprofits with respect to incorporation or charitable trust formation, operation and governance, dissolution, fiduciary obligations of trustees and officers and directors, management and investment obligations vis-a-vis trust assets, cy pres, rights of members of social clubs, trade associations and labor unions, enforcement of obligations and rights by the attorney general and others, and regulation of charitable solicitation. At the option of the instructor the course might also cover local property tax and other tax exemptions, nonprofit accounting issues, public/private partnerships and federal antitrust and constitutional constraints. In addition, at the option of the instructor, the course may include document drafting assignments in addition to or in lieu of an exam. Class limit: 20 students.
271B Nonprofit Organizations II: Tax Exemptions and Taxation Focus (2)Discussion -- 2 hours. Prerequisites: 215 Business Associations or instructor consent. Recommended: 220 Federal Income Taxation. 271A Nonprofit Organizations: State and Local Governance Issues is a related course that uses the same textbook but is NOT a prerequisite to this class. (271A and 271B are taught independently of each other, but a student interested in specializing in nonprofit organizations should consider taking both classes in the order that works for his/her schedule.) This course focuses on the conceptual basis and substantive law criteria for the federal and state income tax exemption of nonprofit organizations and those particular circumstances and activities which result in income taxation or financial sanction, including qualification for exempt status, the nondistribution constraint, the inurement and private benefit concepts, limitations on campaign activities, permissible lobbying expenditures, the unrelated business income tax, the deduction for charitable contributions, intermediate sanctions, the differences between private foundations and public charities, special excise taxes, the exemption application process and reporting and disclosure requirements. At the option of the instructor, the course might also cover nonprofit accounting issues, local property tax and other local tax exemptions, and public/private partnerships. In addition, at the option of the instructor, the course may include document drafting assignments in addition to or in lieu of an exam. Class limit: 20 students.
264A Ocean and Costal Law (2)Discussion -- 2 hours. Elective course for Environmental Law Certificate Program. An introduction to the goals and challenges of coastal and ocean policy, the complicated web of public (international, federal, state, and local) and private interests in coastal and submerged lands and waters, regulation of coastal development, domestic and international fisheries management, and preservation of ocean resources.We will look in some detail at California's current ocean management initiatives, which in some ways are ahead of any other US state, and of the US itself.
209A Patent Law (3)Discussion -- 3 hours. Prerequisites: 274, Intellectual Property or permission of instructor. This course covers all essential aspects of patent law: prosecution, patentable subject matter, utility, disclosure and enablement, novelty, statutory bars, nonobviousness, infringement, and remedies. Students will examine legal doctrine as well as the patent system's public policy objectives and theoretical foundations. While the focus of this course is United States patent law, we will also address international issues as they arise. This course is designed for both the non-patent specialist as well as the future patent attorney. No scientific background is required.
255 Pension and Employee Benefits Law (3)
210T Policing Seminar (2)Seminar - 2 hours. What are the expectations and roles of the police in a democratic society? We need order maintenance and crime control, but to assume these tasks the police sometimes intrude upon interests considered fundamental to free societies. This seminar examines this basic tension through the discussion of various topics such as undercover policing, the use of new technologies, and private policing, as well through an examination of police organization and culture. Satisfactory completion of the seminar can be met with engaged class discussion and weekly response papers. Class limit: 10 students.
Seminar - 2 hours. TBA
278 Pretrial Skills (2)Discussion -- 2 hours. Discussion -- 2 hours. This course uses role-playing exercises, videotaped simulations, and related projects to introduce students to lawyering skills basic to the practice of law, including client interviewing, witness interviewing and discovery, including depositions. Class limit: 24 students.
480 Prison Law Clinic (2)This clinic provides practical experience in providing legal services to real clients who have various problems related to their incarceration in state prison. The services require analysis and application of constitutional law, state statutory law, agency regulations, and the rules of professional responsibility. Students work under the direct supervision of the clinical director and are assigned a portion of the director’s case load. Students are required to follow the law office procedures of the clinic and to employ skills such as interviewing, research, writing, negotiating, and, possibly, the preparation of legal documents to be filed in court. Grading is on a satisfactory/unsatisfactory basis.
210A Privitization of Criminal Justice Seminar (2)Seminar -- 2 hours. Satisfies advanced writing requirement. The seminar does not presuppose prior knowledge about social theory or criminal procedure. Prior completion of criminal procedure, however, is strongly recommended. This seminar will analyze the legal, historical, and sociological aspects of the growing private sector provision of criminal justice services traditionally assumed by government, including prisons, policing, and adjudication. To what extent are private actors taking over criminal justice tasks, and what are the implications of these developments, not only to legislators and courts, but to our broader thinking about the relationship between the state and its citizens? Readings will be drawn from a wide variety of legal and sociological materials. Although primary emphasis will be placed upon such developments in the United States, some attention will be paid to these questions in other countries. Satisfactory completion of the course will depend in part on active class participation and a paper, both in draft and final forms. The class is limited to 20 students.
258 Professional Responsibility (2)Discussion -- 2 hours. This course reviews the American Bar Association’s Model Rules of Professional Conduct and the Code of Judicial Conduct, which are tested on the Multistate Professional Responsibility Examination. Also covered are the California Rules of Professional Conduct, which are tested on the California Bar Examination. In addition, this course reviews current issues affecting the legal profession, including lawyers’ ethical duties and responsibilities to clients, the courts, third parties, and the legal system.
201 Property (4)Study the doctrines and concepts of property law with primary emphasis on real property. Course topics include the estates in land system, the landlord-tenant relationship, conveyancing and private and public land use control.
287A Public Benefits Law Seminar (2)Seminar -- 2 hours. May satisfy advanced legal writing requirement. This seminar will explore the theory and practice of law pertaining to the enactment and administration of public benefits programs for poor and other disadvantaged persons in our society. The course will examine the history and philosophy underpinning social/legal concepts of "welfare" and "entitlement," and will look at some specific examples of significant legislative programs in these areas (e.g., Social Security/Supplemental Security Income; Aid to Families with Dependent Children/Temporary Assistance to Needy Families; Food Stamps; Medicare/Medicaid; Unemployment Insurance; and the National Housing Act programs). The focus will be not so much upon the specific content of such programs, but upon issues confronting attorneys who practice in these public interest/poverty law subjects. The course, therefore, will incorporate various aspects of administrative, constitutional, and poverty law" practice. Evaluation is based on class participation and a written project. Class limit 18 students.
286B Public Health Law (2)Discussion -- 2 hrs. Satisfies advanced writing requirement. Public health law, seen broadly, is the government's power and responsibility to ensure the conditions for the population's health. The use of this power results in a series of trade-offs between the collective good of public health and the individual's interests in liberty and property. More specifically, public health addresses issues raised by methods such as surveillance, partner notification, health education campaigns, immunization and testing, quarantine, and criminal prosecution. Case studies used in class will be topical, including the international effort to respond to SARS, recent efforts to prevent bioterrorism, and tobacco litigation. Class limit: 15 students.
460 Public Interest Law Externship (2 to 6)Students in this program have the opportunity to work with a public interest practitioner in a nonprofit organization or governmental setting. Journals, time sheets and attendance at two group meetings are required. Students also must complete an evaluative final paper of approximately eight pages. The hours completed in this public interest setting may apply toward the practicum requirement for the Public Interest Law Program. Grading is on a satisfactory/unsatisfactory basis.
293 Public Interest Law Seminar (2)Seminar -- 2 hours. Evaluation is based on class participation and a written project that may satisfy the advanced legal writing requirement. This class will examine the issues and problems associated with providing civil legal services to persons and interests in American society that typically have been unable to afford or otherwise obtain representation from the private bar. Students will discuss selected readings on topics such as the definition, history and development of public interest law; current trends in public interest advocacy; the role and/or obligation of the private bar (and law schools) in contributing to public interest law; special issues faced by public interest attorneys with respect to client relationships and legal ethics; and public interest law strategies. In the second part of the course, we will concentrate on some particular issues in contemporary public interest practice (civil rights, health care access, land use, etc.). Some of these sessions will be led by practicing public interest lawyers.
287 Public Land Law (3)Discussion - 3 hours. Elective course for Environmental Law Certificate Program. Prerequisite: 285 Environmental Law or consent of the instructor. "Public land" is a term of art referring to lands owned and managed by the federal government. This course covers the legal aspects of federal land management, including the history of public land law, the scope of federal and state authority over the federal lands, and the allocation of public land resources among competing uses, including extractive consumption, recreation, and preservation.
235T Public Regulatory Law (3)Discussion - 3 units. Elective course for Environmental Law Certificate Program. This course provides an introduction to techniques of government regulation, principles of statutory interpretation, and judicial review of administrative agency rulemaking. The purpose of the course is to give students a big-picture overview of public regulatory law, one which complements both the examination of private law (property, torts, and contracts) undertaken in the first-year curriculum, and the more specialized public-law offerings, such as Administrative Law, Civil Rights Law, Election Law, Environmental Law, Health Law, and Labor Law, in the upper-year curriculum. The instructor is likely to draw on examples in the area of risk regulation (including risks in the workplace, risks to the food supply, and risks to the environment), but the legal principles that the course examines are relevant to numerous areas of contemporary legal practice.
279 Public Sector Labor Law Seminar (2)Seminar -- 2 hours. Satisfies advanced writing requirement. Prerequisite: 251 Labor Law or instructor permission. Application of private sector labor law doctrines to the public sector. Emphasis is on the four California public sector statutes and the impact of constitutional law on public employees. Class presentation and seminar paper are required. Class limit: 12 students.
283 Remedies (3)Discussion --3 hours. This course is a survey of the most important modern American civil remedies doctrines in both private and public law contexts. Topics addressed include money damages, equitable remedies including injunctive relief, equitable defenses, the contempt power, and restitution. Attention will also be given to special rules that apply when the defendant is a governmental entity or officer.
286E Reproductive Rights, Law, and Policy (3)Seminar - 2 units. Addresses a variety of laws and practices that affect reproductive health and procreative decision making. The topics include laws and policies addressing abortion, sterilization, prenatal care and birthing practices, assisted reproductive and genetic technology use, sectarian hospital practices, workplace policies, public and private funding restrictions, and medical standards. Class limit: 12 students.
499 Research into Legal Problems (1 to 4)Students may receive credit for individual projects, subject to the following five regulations: (1) the project extends over no more than two semesters; (2) each project is supervised by a faculty member; (3) an outline of the project is approved by the supervising faculty member; (4) normally, no faculty member is permitted to supervise more than five students working on individual programs during any semester; and (5) each student submits an individual paper or approved alternative to the supervising faculty member. Grading is on a satisfactory/unsatisfactory basis unless a request for letter grading is made in advance.
296T Right of Publicity and Related Doctrines (2)Discussion - 2 hours. We will take an intensive look at the right of publicity, which generally, involves the right of an individual , especially a celebrity, to control the commercial value and exploitation of his or her name, likeness or indicia of identity. We will consider the nature and scope of the right, infringing uses, and the effect of the First Amendment. We will also consider the protection available for fictional characters, and the legal issues involved in the protection and use of "digital actors".
229 Scientific Evidence (3)Discussion -- 3 hours. May satisfy the advanced legal writing requirement at the discretion of the instructor. Prerequisite: 219 Evidence. In addition to examining the evidence law governing the admission of scientific testimony, this course considers trial advocacy in presenting and attacking such testimony. The scope of the course is broadly conceived; the coverage includes not only instrumental scientific techniques but also soft scientific expert techniques including mental health testimony and social science expertise. Each student is required to both make an oral class presentation and prepare a research paper dealing with a particular forensic technique. Class limit: 20 students.
236 Securities Regulation (3)Discussion - Prerequisite: 215 Business Associations. Regulation of the distribution of securities under the Securities Act of 1933 and SEC Rules adopted thereunder, registration and reporting provisions of the 1934 Securities Exchange Act. Coverage includes detailed examination of the registration process, definitional problems, exemptions from registration, resale of restricted securities, civil liability, indemnification and contribution.
236A Securities Regulation I (2)Discussion -- 2 hours. Prerequisite: 215 Business Associations or instructor consent. This course focuses on the Securities Act of 1933. Topics covered include domestic and international public offerings, registration statements, exemptions from registration, secondary and offerings. Particular attention is devoted to problems of small issuers of securities.
236B Securities Regulation II (2)Discussion -- 2 hours. Prerequisite: 215 Business Associations or instructor consent. Recommended: 236A Securities Regulation I. Principal focus is the Securities Exchange Act of 1934 and the regulation of securities markets. Topics covered include regulation of securities markets and securities professionals, responsibilities of securities lawyers, continuous reporting, transnational securities fraud, and enforcement of the securities acts.
218T Selected Topics in Constitutional Law (2)Discussion - 2 hours. We will examine in depth two core themes of Constitutional Law I and Federal Jurisdiction: federalism and separation of powers. In Selected Topics, we will concentrate on habeas corpus and the Eleventh Amendment as vehicles for examining the constitutional themes in greater depth. We will first review "federal habeas" (the use of the Great Writ to review criminal convictions in state courts), and then explore the writ's use in the struggle against terrorists, where it has become a focus of separation-of-powers conflicts between Congress and the president. We will conclude by reviewing the rise of the Eleventh Amendment as a constraint on federal authority.
231 Sex-Based Discrimination (3)Discussion -- 3 hours. This course focuses on issues raised by legal and social distinctions between men and women and explores potential remedies for discrimination drawn from constitutional law, statutory enactments, and common law developments. Subject matter areas include sex-based discrimination in constitutional law, family law, reproductive rights, educational opportunity, criminal law, and employment.
231A Sexual Orientation, Gender Identity, and the Law (3)Discussion -- 3 hours. This course will examine the legal and social regulation of sexual orientation and gender identity. The course will analyze various legal principles, including statutory, constitutional, and public policy doctrines, which might be used to limit the ability of government and other institutions to disadvantage people because of their sexual orientation or gender identity. We will look at how courts have used these doctrines to help - or to harm - lesbian, gay, bisexual, and transgender individuals in critical aspects of their lives including employment, schools, family relationships, and parenting.
298 Sociology of the Legal Profession (2)Seminar - 2 hours. Satisfies advanced writing requirement. This course takes a comprehensive look at the organization, operation, and ideology of the legal profession. While the primary focus is on the U.S. legal profession, some time is spent on comparative analysis with the legal professions in other countries. Recent trends in the organization and operation of large corporate law firms, legal services offices, public interest practice, corporate legal departments, and legal clinics are analyzed in terms of their impact on how services are delivered, how lawyers get clients, and the working lives of lawyers. Issues related to the rise of commercialism of the profession are examined. The course also addresses issues of access to legal education and the profession. Particular attention is given to the growing presence of minorities and women in the profession. Finally, the course encourages students to look seriously at media and other images of lawyers. The course thus challenges students to reflect critically on the profession they are about to enter and the role they wish to play in it. Each student must write a 20-page research paper on a topic of his or her choice, which s/he must present to the class during one of the final course sessions of the semester. No examination. Class limit: 12 students.
288B Supreme Court Simulation Seminar (2)Seminar - 2 hours. Satisfies advanced writing requirement. Consideration in depth of approximately nine cases involving Constitutional Law that will be decided during the present term of the U.S. Supreme Court. Each student will be assigned the role of learning the basic constitutional views of a current Justice of the Supreme Court for the purpose of (1) advancing the Justice's position on each of the cases, and (2) writing one majority opinion of substantial magnitude, and at least one concurrence or dissent. Enrollment is limited to 18 students (two per Justice).
220T Tax and Distributive Justice (3)Discussion - 3 hours. This is an advanced tax course designed to introduce students to issues of tax policy, with particular emphasis on tax distribution (i.e., who or what should pay taxes in society) and tax incidence (i.e., who or what ends up paying taxes in society). The course will begin by examining official measurements of income and wealth distribution, as well as how those measurements comport with the philosophical foundations for various conceptions of justice in taxation, including libertarianism, utilitarianism, and liberal egalitarianism. We will then examine how alternative tax regimes advance or detract from the principal normative objectives of these various schools of thought. We will also examine several controversial issues of federal tax reform, including debates over the progressivity of the income tax, whether/how the government should tax estates/inheritance, whether/how the government should tax wealth, the tax treatment of low-income individuals, how the tax system affects different kinds of families (single-earner, dual-earner, married, single, opposite-sex, same-sex), and proposals for fundamental tax reform such as the adoption of a consumption tax (e.g., flat tax, VAT, retail sales tax). In each of these settings, students will examine how alternative conceptions of distributive justice translate into concrete proposals regarding how the cost of financing public goods should be allocated among members of society.
The class contains a writing requirement that students can satisfy in two ways: (i) prepare five short reaction papers (4-6 pages) on issues covered in class; or (ii) prepare a long research paper (25-30 pages) on a tax topic that may or may not have been covered in class. Students choosing the second alternative can, if desired, qualify the paper for the law school's upper-level writing requirement.
247 Taxation of Partnerships of and LLCs (2)Discussion -- 2 hours. Prerequisite: Course 220, Federal Income Taxation. Most businesses that are not publicly traded are organized under the partnership tax regime, or at least should be. This course examines the federal income taxation of business entities whose owners are taxed on the income, deductions and losses of the entity on a pass-through basis. This includes partnerships, limited liability companies and S Corporations. The course will explore choice of entity issues, identification of entities, eligible for pass-through tax treatment and the income tax impact of formation, operations and dissolution of pass-through business entities.
217 Telecommunications Law (3)Discussion -- 3 hours. The course covers the economic and administrative regulation of telephony, radio and television broadcasting, and video technologies such as cable and direct broadcast satellites. Emphasis is on the recently enacted Telecommunications Reform Act and the role of the Federal Communications Commission, but other sources of regulation are treated as well, such as related antitrust law and state public utility regulation.
209 The Internet and the Law (3)Discussion -- 3 hours. Is the Internet redefining the law as we know it, or reconfirming traditional 19th and 20th century legal principles? While lawyers ponder, are “netizens” forming their own alternate forms of governance and jurisprudence that circumvent or transcend the legal arena as we’ve known it? How should the law adapt, if it should, in the Internet era? This course involves you in these and other cyberlaw debates. It provides you with essential background on the Internet and requires that you conduct Internet research to fulfill course requirements. It briefly reviews forms of governance and law that have emerged on the Internet as alternatives to traditional models. The course then surveys the current state of the law of the Internet, covering common law and statutory developments in contracts and business transactions (including digital signatures and “clickable” licenses), securities and antitrust, jurisdiction, trademarks and domain names, copyright and trade secrets, electronic databases, defamation and libel, decency and free speech, privacy, and public records. For each area of law covered, problems faced by actual or private sector clients are posed and resolved.
215A The Law of Corporate Governance Seminar (2)Seminar - 2 hours. With the instructor's permission, students may substitute for the short papers a research paper in satisfaction of the advanced writing requirement. Prerequisite: 215 Business Associations. This seminar addresses advanced issues in the governance of publicly held corporations. In a public corporation, managers who run the business are distinct from shareholders who are said to own it. This separation of ownership and control is a central concern of corporate governance law. We explore how the law has addressed this issue at the theoretical level and in the context of topics such as the duties of corporate directors, shareholder voting rights, and competition among states to attract corporate charters. Grading is based on active class participation and short discussion papers. Class limit: 15 students.
248TT Theories of International Law (2)Description - TBA
286A Topical Issues in Health Law Seminar (2)Seminar -- 2 hours. Public health law, seen broadly, is the government's power and responsibility to ensure the conditions for the population's health. The use of this power results in a series of trade-offs between the collective good of public health and the individual's interests in liberty and property. More specifically, public health addresses issues raised by methods such as surveillance, partner notification, health education campaigns, immunization and testing, quarantine, and criminal prosecution. Case studies used in class will be topical, including the international effort to respond to SARS, recent efforts to prevent bioterrorism, and tobacco litigation. Satisfies advanced writing requirement. Class limit: 15 students.
204 Torts (5)Familiarizes students with legal rules, concepts and approaches pertinent to the recovery for personal injuries, property damages and harm done to intangible interests. The course covers claims for assault, battery, false imprisonment and other intentional torts, as well as negligence and strict liability.
295A Trademark and Unfair Competition Law (2)Discussion 2 hours. 274 Intellectual Property is not a prerequisite, but would be useful. We will take an intensive look at selected issues in Trademark Law, including the concepts of trademarks and unfair competition, acquisition and loss of trademark rights, infringement, trademarks as speech, and international aspects of trademark protection.
213A Transnational Criminal Law (3)Discussion -- 3 units. Prerequisites: Criminal Law I, Constitutional Law I. This course will examine the law's responses to a particular aspect of globalization, transnational crime. The term comprehends a spectrum of criminal behavior: not only ordinarily domestic offenses, such as drug-dealing or people-smuggling, that happen to cross national borders, but also offenses, such as genocide and crimes against humanity, which may occur in a single nation-state yet are internationally condemned because of their extraordinary nature. The course will explore the phenomenon of transnationality and how it affects the power of nation-states, acting alone or together, to prosecute certain crimes. Topics to be studied include substantive elements of selected offenses; principles of extraterritorial jurisdiction; the rights of noncitizens abroad and the obligations of law enforcement officers operating overseas; procedures such as extradition and irregular rendition of fugitives; and various enforcement mechanisms, including truth commissions and national, regional, or international criminal justice courts.
451 Trial Practice Honors Board (1)Members of the Trial Practice Honors Board administer the Frances Carr Intraschool Trial Advocacy Competition. Members are nominated by their individual Trial Practice I adjuncts. Students receive one credit for service on the board. Credit is awarded upon approval of faculty advisor. Grading is on a satisfactory/unsatisfactory basis.
263A Trial Practice I (3)Discussion -- 2 hours. Evening laboratory -- 2 hours. Prerequisite: prior or concurrent enrollment in 219 Evidence. An introduction to the preparation and trial of cases, featuring lectures, videotapes, demonstrations, assigned readings, and forensic drills. The emphasis throughout the course is on the formulation and implementation of a trial strategy. The laboratory session is held on Tuesday, Wednesday, or Thursday evening. Attempts are made to assign each student to a laboratory on the evening most convenient for him or her. Grading is on a satisfactory/unsatisfactory basis. Class limit: 84 students.
221 Trusts, Wills, and Decendants' Estates (3)Discussion -- 3 hours. A study of the law of decedent’s estates, wills, and trusts. Course coverage includes intestate succession; family protection and limits on the power of testation; execution, revocation, and revival of wills; will substitutes; intervivos; and testamentary private trusts. Topics may include contracts to make wills; class gifts; powers of appointment; the Rule Against Perpetuities; and an introduction to the administration of estates and trusts, including powers, duties, rights, and liabilities of fiduciaries, and the management of assets.
411C UC Davis Business Law Journal (1-2)The Business Law Journal is run by dedicated law students who are committed to providing current and valuable legal and business analysis. The Journal addresses a broad spectrum of issues that fall within the intersection of business and the law
241T Voting Rights Act Seminar (2)Seminar – 2 hours. This course explores the Voting Rights Act of 1965, its subsequent amendments, and litigation brought under or in reaction to the Act. Students will analyze certain voting rights cases and consider the issues involved in them, in some instances by reviewing expert reports or exhibits from actual litigation. Finally, the class will consider recent issues that have arisen in voting rights litigation, some because of the increasing diversity of the nation’s population. This class will complement the "Law of the Political Process" taught by Professor Elmendorf. Although each class is independent and students need not enroll in both, Professors Chavez and Elmendorf encourage interested students to take both classes concurrently.
475 Washington (UC-DC) Law Program (10)The UCDC Law Program is a uniquely collaborative semester-long externship program in Washington, D.C., combining a weekly seminar with a full-time field placement to offer law students an unparalleled opportunity to learn how federal statutes, regulations, and policies are made, changed, and understood in the nation's capital. During a semester's total immersion in a structured environment that integrates the theory and practice of Washington lawyering, students will have contact with all three branches of the federal government, independent regulatory agencies, advocacy nonprofits, and the media. The Program currently includes law students from U.C. Berkeley and UCLA. Students from UC Davis (King Hall) will join the program in Spring 2010, with students from UC Irvine joining in Spring 2011.
The program is housed at the University of California Washington Center, a UC facility centrally located just minutes from the White House and most government departments and agencies.
Students will receive 13 units for successful completion of the Program: 10 units (Credit/No Credit) for the full-time field placement and 3 units (graded) for the required companion seminar, Law 475A "Law-Making and Law-Changing in the Nation's Capital." The Program is open to 2L and 3L students.
264 Water Law (2)Discussion -- 2 hours. Elective course for Environmental Law Certificate Program. Property rights in surface waters, including riparian rights, prior appropriation, and public rights; federal, state and local allocation and regulation; environmental constraints; groundwater rights and management; state and federal projects; interstate allocation; federal reserved rights; water supplies and land use planning; water transfers; contemporary challenges.
259T Women, Islam, and Law (2)Seminar - 2 hours. Current scholarship posits an inherent conflict between women's rights and religion; the conflict is presented as particular stark in the context of Muslim women's rights. But on the ground, women's human rights activists in Muslim communities are piercing the veil of religious sovereignty. Betraying a growing disconnect between human rights law and human rights practice, a close study of women's human rights activists working in Muslim communities and countries demonstrates that, despite law's formal refusal to acknowledge claims of reason and equality, women are nonetheless claiming their rights to challenge religious and cultural authorities and to imagine religious community on more egalitarian and democratic terms. Call this the New Enlightenment: Today, individuals seek reason, equality, and liberty not just in the public sphere, but also in the private spheres of religion, culture, and family. Current law, however, elides these claims for modernizing traditional cultures. Failing to recognize cultural and religious communities as contested and subject to change, legal norms such as the "freedom of religion," the "right to culture," and the guarantee of "self-determination" defer to the claims of patriarchal, religious elites, buttressing their power over the claims of modernizers. Paradoxically, law's failure to question or revisit its old Enlightenment views is obstructing the emergence of the New Enlightenment. This seminar will study these movements in light of current scholarly and political debates about fundamentalism, democracy, equality, secularism, universalism, and multiculturalism. This is a limited enrollment seminar.
259P Women and the Law Practicum (1)Discussion/Workshop: 1 hour. Prerequisite: Prior or concurrent enrollment in Feminist Legal Theory, Law 259. This course complements the content of the feminist legal theory course by providing students the opportunity to consider how feminist theory may be used to inform law-making. This opportunity will come in research, negotiation and legislation drafting exercises related to women's issues, e.g., parental leave; the concept of consent in relation to rape; division of marital property and determination of child custody upon divorce. Students will be expected to work individually and in groups to complete these exercises. Final grade will be based on performance on these graded exercises, as well as on class participation. No examination.












