UC DAVIS GENERAL CATALOG--Programs and Courses

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School of Law

Bruce A. Wolk, J.D., Dean
Rex R. Perschbacher, J.D., Associate Dean (Academic Affairs and Research)
Antonia E. Bernhard, J.D., Assistant Dean (Student Affairs)
Mary A. Grivna, B.A., Assistant Dean (Administration)
George S. Grossman, LLB., M.S.L.S., Director (Law Library)
Dean's Office, 1011 Martin Luther King, Jr. Hall (530-752-0243)
World Wide Web: http://kinghall.ucdavis.edu

Faculty

Diane M. Amann, J.D., Acting Professor
Vikram Amar, J.D., Acting Professor
John D. Ayer, J.D., LL.M., Professor
Antonia E. Bernhard, J.D., Lecturer
Alan E. Brownstein, J.D., Professor
Carol S. Bruch, J.D., Professor
Susan D. Christian, J.D., Lecturer
Joel C. Dobris, LL.B., Professor
Holly G. Doremus, J.D., Professor
Harrison C. Dunning, LL.B., Professor
Floyd F. Feeney, LL.B., Professor
Arturo Gándara, J.D., Professor
Michael J. Glennon, J.D., Professor
Gary S. Goodpaster, J.D., Professor
George S. Grossman, LL.B., M.S.L.S., Professor
Sarah D. Gray, Ph.D., Professor (Human Physiology)
Robert W. Hillman, J.D., Professor
Edward J. Imwinkelried, J.D., Professor
Margaret Z. Johns, J.D., Senior Lecturer and Director of Legal Writing
Kevin R. Johnson, J.D., Professor
Thomas W. Joo, J.D., Acting Professor
Ellen R. Jordan J.D., Professor
Friedrich K. Juenger, J.D., Professor
Leslie A. Kurtz, J.D., Professor
Evelyn A. Lewis, J.D., Professor
Millard Murphy, J.D., Lecturer
John B. Oakley, J.D., Professor
Amagda Perez, J.D., Lecturer
Rex R. Perschbacher, J.D., Professor
Jill Peterson, J.D., Lecturer
John W. Poulos, J.D., Professor
Lisa R. Pruitt, J.D., Acting Professor
Daniel L. Simmons, J.D., Professor
James F. Smith, J.D., Senior Lecturer
Madhavi Sunder, J.D., Acting Professor
Martha S. West, J.D. Professor
Bruce A. Wolk, J.D., Professor
Richard C. Wydick, LL.B., Professor

Emeriti Faculty

Homer G. Angelo, J.D., LL.M., Professor Emeritus
Edward L. Barrett, Jr., J.D., Professor Emeritus
Florian Bartosic, B.C.L., LL.M., Professor Emeritus
Daniel J. Dykstra, LL.B., S.J.D., Professor Emeritus
Daniel Wm. Fessler, J.D., S.J.D., Professor Emeritus
James E. Hogan, LL.B., Professor Emeritus
Pierre R. Loiseaux, LL.B., LL.M., Professor Emeritus
Raymond I. Parnas, J.D., LL.M., S.J.D., Professor Emeritus
Edward H. Rabin, LL.B., Professor Emeritus
Mortimer D. Schwartz, J.D., LL.M., Professor Emeritus

Go to general information (admission, program of study, calendar) for the School of Law.

Courses of Instruction. The following courses for students enrolled in the School of Law are set up for the semester-system basis only. Instruction dates can be found at the end of the School of Law chapter of this catalog. For currrent schedule of classes, contact the School of Law.


Courses in Law (LAW)

First Year Courses Second and Third Courses Additional Professional Courses

*Course not offered this academic year.

VIEW COURSE UPDATES VIEW SCHEDULE OF CLASSES UP TO TOP OF PAGE


Professional Curriculum

First Year Courses

200. Introduction to Law (1)

Discussion--1 hour. Introduction to basic concepts of the law, the historical roots of common law and equity, the precedent system in its practical operation, the modes of reasoning used by courts and attorneys, and the fundamentals of statutory interpretation. (S/U grading only.)

200A. Introduction to the Law of the United States (2)

Discussion--2 hours. History and fundamental principles of the United State's legal system. Important current legal issues, developments and trends. Required for LL.M. students who have not attended a U.S. law school. Fall semester only. (S/U grading only.)

201A-201B. Property (2-3)

Discussion--2-3 hours. Study of doctrines and concepts of property law with primary emphasis on real property. The estates in land system, the landlord-tenant relationship, conveyancing, and private and public land use control. (Deferred grading only, pending completion of sequence.)

202A-202B. Contracts (3-2)

Discussion--3-2 hours. Examines the sorts of promises that are enforced and the nature of protection given promissory obligations in both commercial and noncommercial transactions. Inquiry into the means by which traditional doctrine adjusts--or fails to adjust--to changing social demands. (Deferred grading only, pending completion of sequence.)

203A-203B. Civil Procedure (3-2)

Discussion--3-2 hours. Study of the fundamental and recurrent problems in civil actions including the methods used by federal and state courts to resolve civil disputes. Topics covered include the relation between federal and state courts; the power of courts over persons, property, and subject matter (jurisdiction); the scope of litigation (joinder of claims and parties); preparation for trial through pleadings, 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. (Deferred grading only, pending completion of sequence.)

204A-204B. Torts (3-2)

Discussion--3-2 hours. Legal concepts which apply to actions brought by litigants who seek relief for injury. Intentional and unintentional invasions of personality and property. Analysis of civil actions based upon wrongs such as assault, battery, false imprisonment, negligence, strict liability, defamation, invasion of privacy, and misrepresentation. (Deferred grading only, pending completion of sequence.)

205. Constitutional Law I (4)

Discussion--4 hours. The principles, doctrines, and controversies regarding the basic structure of, and division of powers in, American government. In particular, course treats judicial review, jurisdiction, standing to sue, federalism, federal and state powers and immunities, and the separation of powers between branches of the federal government. It also begins an examination, continued in course 218, of procedural and substantive constitutional rights and the limits they place on governmental action. Economic substantive due process, procedural due process, and rights of privacy and personal autonomy will also be addressed.

206. Criminal Law (3)

Discussion--3 hours. Study of the bases and limits of criminal liability. Coverage of the constitutional, statutory, and case law rules which define, limit, and provide defenses to individual liability for the major criminal offenses.

207. Legal Research (1)

Discussion--0.5 hours; laboratory--0.5 hours. Description of the evolution and use of sources of law and secondary authority. Class discussion followed by research exercises.

208. Legal Writing (2)

Lecture--2 hours. Instruction in the form and substance of writing. A variety of law-related documents will be discussed and drafted. An experience in oral advocacy will be included. Graded on the basis of the writing and advocacy assignments. No final examination.

Second and Third Year Courses

The second- and third-year courses fall into subject areas as shown here

209. The Internet and the Law (2)

Discussion--2 hours. Is the internet redefining the law as we know it, or reconfirming traditional 19th- and 20th-century legal principles? How should the law adapt, if it should, to the internet era? Essential background on the internet. Students conduct internet research. Brief review of forms of governance and law that have emerged on the internet, survey of the current state of the law of the internet, covering common law and statutory developments in the following areas: 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. Problems faced by actual or private sector clients posed and resolved.

210. Criminal Justice Administration Seminar (2)

Seminar--2 hours. American criminal procedure compared with that of other countries, particularly the differing roles of the prosecutor, defense counsel, and the judge, and the differing systems of sentencing. Class paper can be used to satisfy advanced writing requirement. Limited enrollment.

211. Negotiations and Dispute Resolution (2)

Discussion--2 hours. Negotiation and mediation skills and theories. Students do five or more practice negotiations or mediations to develop skills, perceptions, and personal style. Class discussion and theory development are based on these exercises. Limited enrollment.

212. Law and the Mental Health System (3)

Discussion--3 hours. The concept of mental illness, the regulation of mental health professionals, the patient-professional relationship, mental health professionals as expert witnesses, and deprivation of liberty and property based upon mental disorder. Grading based on (1) active class participation, (2) the score on an objective examination covering the materials assigned and discussed in class, and (3) an original research paper written on a topic selected by the student and approved by the instructor. With the prior written approval of the instructor, the advanced legal writing requirement may be satisfied by the research paper required for this course.

213. International Criminal Law Seminar (2)

Seminar--2 hours. Prerequisite: courses 205 and 206. Explores issues that arise when crime acquires an international character; for example, when an offense occurs in or harms more than one nation or when a person accused in one nation is a citizen of another. Topics may include the United States' role in investigating and prosecuting international offenses, and what law, domestic or international, U.S. courts should apply in such cases; the duty of a nation to extradite or prosecute persons accused of breaking the law of another nation; the prosecution of international war criminals in the post-World War II tribunals in Nuremberg and Tokyo and in the current Bosnia and Rwanda tribunals in the Hague; and proposals for a permanent International Criminal Court with jurisdiction over international offenses such as kidnapping, money-laundering, and drug trafficking. In addition to class participation, students are required to write a research paper which will satisfy the advanced legal writing requirement. Limited enrollment.

214. Estate and Gift Tax (3)

Discussion--3 hours. Prerequisite: course 220; course 221 recommended. Fundamentals of federal transfer taxation, including the estate tax, the gift tax, and the generation-skipping transfer tax. Introduction to the income taxation of trusts and estates.

215. Business Associations (4)

Discussion--4 hours. Broad survey of the legal rules and concepts applicable to business associations, both public and closely held. Principal attention to the corporate form of organization, although partnerships are also treated briefly. Topics include the planning of business transactions, the process of incorporation, the financing of corporations, the role of managements and shareholders, the federal securities laws, and social responsibility.

216. Criminal Process Reform Seminar (2)

Seminar--2 hours. Consideration of possible reform efforts in criminal justice administration. Guest lecturers. Class presentations by each student. May satisfy advanced legal writing requirement. Limited enrollment.

217. Telecommunications Law (3)

Discussion--3 hours. The economic and administrative regulation of telephony, radio and television broadcasting, and new video technologies such as cable and direct broadcast satellites. Emphasis 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.

218. Constitutional Law II (3)

Discussion--3 hours. The First Amendment and the Equal Protection Clause. The First Amendment study involves an examination of freedom of speech and assembly, focusing on the various kinds of speech the courts have identified and their constitutional significance: political speech, commercial speech, offensive speech, obscenity, fighting words, and speech constituting a clear and present danger. Attention to issues involving the forum in which speech occurs: prior restraint, overbreadth, vagueness doctrine, and the protection provided symbolic expression. The equal protection study will examine suspect class doctrine involving discrimination on the basis of race, gender, alienage, and other characteristics, affirmative action, the problem of "invidious motive," state action, and the extent to which the equal protection clause prevents government from burdening the exercises of fundamental rights. If time permits, the Establishment Clause and the Free Exercise Clause will also be considered.

219. Evidence (4)

Discussion--4 hours. The rules regarding the admissability of testimonial and documentary proof during the trial of civil and criminal cases, including the concept of relevancy, the hearsay rule, the examination and impeachment of witnesses, the opinion rule, constitutional and statutory privileges.

220. Federal Income Taxation (4)

Discussion--4 hours. 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 identity of persons subject to tax on particular items of income.

221. Trusts, Wills and Decedents' Estates (3)

Discussion--3 hours. Study of the law of wills and trusts. Intestate succession; family protection and limits on the power of testation; execution, revocation and revival of wills; will substitutes; intervivos and testamentary private trusts. May also cover one or more of the following topics: contracts to make wills; class gifts; powers of appointment; the Rule Against Perpetuities; and introduction to the administration of estates and trusts, including powers, duties, rights and liabilities of fiduciaries and the management of assets.

222. Law of Race Relations Seminar (2)

Seminar--2 hours. Prerequisite: courses 218 (may be taken concurrently), 267; course 260 recommended. Treatment of racial issues throughout American legal history as well as current debates over such issues. Various, and often conflicting, theoretical approaches to the often oversimplified issue of race. The seminar will place current legal issues into a historical context, to evaluate the strength of conflicting legal approaches and to apply legal reasoning to issues that are commonly addressed in political or emotional terms. The advanced legal writing requirement may be satisfied at the discretion of the instructor. Limited enrollment.

223. Estate Planning Seminar (2)

Seminar--2 hours. Prerequisite: course 221. Selected topics in the estates and trusts area. Content varies with instructor. Satisfies the advanced legal writing requirement. Limited enrollment.

224. Law and Institutions of European Union (2)

Discussion--2 hours. Study of legal problems of European integration, including the transfer of powers to supranational institutions, their decision making, the role of the Courts of the Communities and discussion of selected areas of European Law.

225. Marital Property (3)

Discussion--3 hours. Marital and nonmarital relationships. California's community property system, including rights of spouses and the treatment of their property during marriage; the characterization, valuation and division of property upon the termination of marriage by divorce or death; and premarital agreements. Nonmarital cohabitation, the law of marriage and divorce, spousal support, taxes, creditors' rights and the psychological aspects of divorce. The course is designed for those with a substantial interest in family law.

226. Disability Rights (2)

Discussion--2 hours. The Americans with Disabilities Act (A.D.A.) as it applies to employment, higher education, public accommodations, and government services and programs. Emphasis on the statutory definition of disability, entities subject to the A.D.A., the "otherwise qualified" requirement, forms of discrimination, reasonable accommodation, and defenses.

227A. Criminal Procedure (3)

Discussion--3 hours. Examines U.S. Constitutional constraints on the police function; in particular, on arrest, search and seizure, electronic surveillance, entrapment, police interrogation and confessions, lineups, and the exclusionary rule.

227B. Advanced Criminal Procedure (2)

Seminar--2 hours. Prerequisite: course 227A (may be taken concurrently). Bail, prosecutorial discretion, plea bargaining, trial by jury, and sentencing as well as other selected areas.

228. Business Planning and Drafting (3)

Discussion--3 hours. Prerequisite: courses 215 and 220, or consent of instructor. Transactions frequently encountered by lawyers representing business clients, emphasizing tax aspects of such transactions. Business and tax strategies, techniques and issues relative to formation of partnerships, limited liability companies, corporations, and other types of business entities. May include discussion of executive compensation, retirement of stock interests, financially troubled businesses, and acquisitions, dispositions, divisions, and liquidations of businesses. Taught using the problem method and includes significant work drafting a variety of legal documents and/or class presentations.

229. Scientific Evidence (3)

Discussion--3 hours. Prerequisite: course 219. Examines evidence law governing the admission of scientific testimony, and considers trial advocacy in presenting and attacking such testimony. Each student is required to both make an oral class presentation and prepare a research paper dealing with a particular forensic technique. Limited enrollment.

230. International Environmental Law Seminar (2)

Seminar--2 hours. Prerequisite: prior or concurrent enrollment in course 248 or consent of instructor. Examination of international law norms applicable to the protection of the global environment, including air and water resources, flora and fauna, and historical and cultural treasures of international interest. Study of institutions that make and enforce the norms. Special emphasis on implementation and compliance by the United States. Required seminar paper will satisfy the advanced legal writing requirement. Limited enrollment.

231. Sex-Based Discrimination (3)

Discussion--3 hours. The law's differential treatment of women and men in a historical and contemporary context. Constitutional and statutory protections from discrimination based on gender, as well as women's and men's family roles. Subject matter areas also include reproductive rights, educational opportunity, and criminal law.

232. Real Estate Finance (3)

Discussion--3 hours. Examination of the problems involved in the acquisition, financing, and development of real estate, and of lender remedies and debtor protections in the event of debtor default. Stresses the practical application of California legal doctrines.

233. Refugee Law Seminar (2)

Seminar--2 hours. Prerequisite: course 292 recommended. Focus on the law concerning the admission of refugees into the United States. Detailed study of the Refugee Act of 1980, which is the major piece of legislation dealing with refugee admission, the international law that fueled the passage of the Act, and the various regulations promulgated by the Attorney General implementing the law. Analysis of the implementation of the Refugee Act and examination of some criticisms of the immigration bureaucracy's implementation of the law. Some topical issues of refugee law, such as gender-based persecution, persecution based on the exercise of reproductive rights, and the persecution of lesbians and gay men. The advanced legal writing requirement may be satisfied at the discretion of the instructor. Limited enrollment.

234. Sexual Orientation and the Law (2)

Discussion--2 hours. Legal and social regulation of sexual orientation, emphasizing both the legal subordination of lesbians and gay men and the ongoing struggles to end that subordination. Sexual orientation issues in criminal, employment, constitutional, and family law. Materials will be both doctrinal and theoretical, and will include fiction and oral history as well as cases and statutes.

235. Administrative Law (3)

Discussion--3 hours. How the U.S. Constitution and the federal Administrative Procedure Act constrain and regulate decision making by administrative 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. These areas of doctrine in light of theories of administrative decision making.

236A. Securities Regulation I (2)

Discussion--2 hours. Prerequisite: course 215 or consent of instructor. Focuses on the Securities Act of 1933 and the Securities Exchange Act of 1934. Topics include domestic and international public offerings, registration statements, exemptions from registration, secondary offerings, market regulation, liability provisions, the definition of a security, enforcement of the securities act, responsibilities of securities lawyers, and transnational securities fraud. Particular attention to problems of small issuers of securities.

236B. Securities Regulation II (2)

Discussion--2 hours. Prerequisite: course 215 or consent of instructor. Course 236A recommended. Principle focus is the Securities Exchange Act of 1934 and the regulation of securities markets. Topics include the evolution of securities markets, market efficiency, continuous reporting, institutional investors, shareholder voting and going-private transactions, regulation of securities markets and securities professionals, responsibilities of securities lawyers, transactional securities fraud, and enforcement of the securities acts.

237. American Legal History (2)

Seminar--2 hours. A study of the changing substance of American law, both constitutional and private, and the varied uses to which it has been put; the functioning of American legal institutions, courts, legislatures, executives, and administrative agencies, in the context of the nation's social values; the role of American lawyers as they respond to the demands of clients, legal institutions, and society, including the political dimensions of professional advocacy and legal scholarship; the transcendent values which lend thematic unity to an identifiable "American" legal history. Limited enrollment.

238. Corporate Tax (4)

Discussion--4 hours. Prerequisite: course 220. Focus on all aspects of corporate and shareholder taxation, including choice of entity and entity classification; organizational and other transfers from shareholders to corporations; dividends and other corporate distributions to shareholders; distinction between debt and equity; operation and liquidation of corporations; mergers, divisions, acquisitions and other forms of corporate reorganization; subchapter S corporations. Considers historical development of the corporate tax and proposals to integrate the corporate and individual income taxes. It is anticipated that many students will also enroll in course 247.

238A. Business Tax (2)

Discussion--2 hours. Develops and applies a framework for analyzing how income taxes affect business decisions and company strategy. Applications include the role of taxes in management compensation, multinational decision-making, corporate restructuring transactions, and succession planning. Emphasizes tax planning concepts and their application rather than the detail of the federal code.

239. Mediation: Theory and Practice (3)

Discussion--3 hours. This practice-oriented course teaches the basic, practical knowledge necessary to begin a mediation practice. All students will gain a detailed understanding of the mediation process that will enable them to counsel clients knowledgeably about the mediation option and represent clients ably in mediation. All will gain communication skills that will be 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. Stages of mediation: contracting (establishing contact with the parties and explaining the process), developing the issues, working the conflict, resolving the conflict, and close. Limited enrollment.

240. Elections and Political Campaigns (2)

Discussion--2 hours. Constitutional, statutory, administrative and case law aspects of federal and state elections, including laws relating to primaries, general elections, initiatives, recalls, filing requirements, financial disclosures, and conflicts of interest. Satisfies advanced legal writing requirement. Limited enrollment.

241. Law and Psychiatry (2)

Seminar--2 hours. Prerequisite: course 212. Open to medical students who are participating in the program offered by the Forensic Center of Excellence at the UC Davis School of Medicine, and to law students at the UC Davis School of Law. Focus on forensic psychiatry for medical and legal professionals. Psychiatric trainees and forensic fellows are paired with law students to work in tandem as a forensic team. Each team is assigned to actual cases that have been adjudicated, although the teams will approach each client as if adjudication has not yet taken place. Each case is assessed from a psychiatric and a legal perspective so that both team members will confront the legal and psychiatric issues presented. Students prepare cases to provide a broad array of legal/psychiatric problems and raise specific critical issues around which psychiatrists and lawyers interact and at times collide. Course is graded on the basis of the students' participation in the seminar sessions and on the instructor's evaluation of the written assessment of the cases prepared by the team to which the student belongs.

242. Conflict of Laws (3)

Discussion--3 hours. Study of transactions with multistate and international contracts. Topics include jurisdiction, recognition of foreign judgments, and choice of applicable law. Problems practitioners encounter in a wide variety of fields, such as commercial law, family law and personal injury law.

243. Bankruptcy (3)

Discussion--3 hours. Survey of the rights and obligations of debtors in trouble, and of their creditors. Most of it concerns proceedings under the Bankruptcy Code. In the first part of the course, an examination of how and why debtors are permitted to get a "fresh start," wiping out their obligations. Later, consideration of how the bankruptcy trustee collects and distributes money to pay creditors' claims. Study of the bankruptcy system as it applies to both individuals and corporations.

244. Basic Human Physiology (2)

Discussion--2 hours. Several medical basic science faculty give lectures on the basic anatomy and physiological functioning of the organ systems; basic word roots which underlie medical/scientific terminology are emphasized. Several clinical faculty give lectures on new technologies in medicine and some of the associated legal problems which have arisen. Exams are in the format of simple, simulated medical-legal problems in which students are expected to evaluate medical/scientific data, as well as to determine the kinds of expert witnesses that might be valuable in particular cases. Limited enrollment. (S/U grading only.)

245. White Collar Crime (3)

Discussion--3 hours. Law of conspiracy, mail and wire fraud, RICO, money laundering and other business and environmental crimes and associated defenses.

246. Federal Jurisdiction (3)

Discussion--3 hours. The subject-matter jurisdiction of federal courts. The constitutional and statutory authority of federal courts to adjudicate civil actions arising under federal law or between parties of diverse citizenship in contemporary detail, and from the perspective of history and the Constitution. Federal appellate jurisdiction, federal writs in the nature of habeas corpus, abstention, justiciability, and miscellaneous matters affecting attorneys' decisions to seek a federal forum. Careful study of the fine points of relevant legislation in light of its history and the constitutional themes of separation of powers and federalism as guides to understanding the Supreme Court's leading opinions on the scope of federal jurisdiction.

247. Taxation of Partnerships (3)

Discussion--3 hours. Prerequisite: course 220. Most business that is not publicly traded is organized (or should be) under the partnership tax regime. 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. Explores choice of entity issues, identification of entities eligible for pass-through tax treatment and the income tax impact of formation, operation and dissolution of pass-through business entities.

248. International Law (3)

Discussion--3 hours. Prerequisite: course 217 recommended. Basic international law concepts such as statehood and recognition; treaty law and customary international law; use of force; human rights and war crimes; expropriation; the relationships between international law and national law; and the jurisprudence of international law.

249. Comparative Law (3)

Discussion--3 hours. Comparative perspective for students of American law. After an initial look at the uses of the comparative method, discussions will center around the main differences between common law and civil law and the different styles of legal thinking. Topics include evolution of the civil law and the idea of codification, the structure of European civil codes and the interpretation of their provisions, the personnel of the law and procedure in civil law countries and the analysis of selected problems of substantive law. Knowledge of a foreign language not required.

250. Jurisprudence (2)

Seminar--2 hours. Critical examination of some classic and contemporary theories of law. Competing answers these theories give to certain fundamental questions about law and legal adjudication. What is the nature and authority of law? What is the relationship between law and morality? What is the nature of legal adjudication? Are there "hard cases," and if so, how ought judges to decide them? Are there "right answers" to legal questions, and how might a judge find them out? Should a judge ever make decisions about the legal rights of parties to a lawsuit based in whole or in part on his or her personal moral convictions? Should a judge instead decide cases based strictly on what he or she believes is the correct interpretation of the law? Or should a judge--in particular, a Supreme Court justice--sometimes deviate from what he or she thinks is the correct interpretation of the law in order to get other judges to agree to a certain outcome or to go along with a particular formulation of legal doctrine. Discussions involve detailed consideration of theoretical works along with some cases and particular problems. Limited enrollment.

251. Labor Law (3)

Discussion--3 hours. Survey of the legislative, administrative, and judicial regulation of labor relations. Focus on the historical development of labor law, the scope of national legislation, union organization and recognition, the negotiation and administration of collective bargaining agreements, legality of strikes, picketing, boycotts, and employer interference with employee-concerted activities. Rights of employees under wrongful discharge theories are contrasted with labor law protections.

252. International Litigation and Arbitration (3)

Discussion--3 hours. 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 include jurisdiction, the enforcement of judgments, the relative merits of arbitration and adjudication, international discovery and international choice-of-law problems. Exercises in international arbitration and mediation.

253. Products Liability (3)

Discussion--3 hours. Civil action for harm to the consumer resulting from defective products. Includes manufacturing defects, warning defects and design defects.

254. Housing and Community Development Law (2)

Seminar--2 hours. Legal issues related to developing, securing, keeping, maintaining, and preserving decent, affordable, accessible housing and sustaining viable, diverse communities. Topics include landlord-tenant law, real property and contract issues, affirmative habitability/slumlord tort litigation, publicly subsidized housing or the government as landlord (constitutional and administrative law issues), employee housing (including the role of the government and interrelationship with employers and the agricultural industry), housing and community planning (including land use, housing element, general plan, growth management, environmental and agricultural preservation issues), and housing discrimination (e.g., race, national origin, type of housing and occupant, NIMBY, family, affirmatively futhering fair housing requirements, federal and state law).

255. Pension and Employee Benefit Law (3)

Discussion--3 hours. Prerequisite: course 220 recommended. Federal regulation and taxation of private pensions and employee benefits. The Employee Retirement Income Security Act of 1974 (ERISA) and coverage, vesting, funding, spousal interests (both during marriage and after divorce), creditor access, retiree health and welfare plans, preemption of state law, and a variety of ERISA litigation and fiduciary duty issues. Internal Revenue Code issues such as discrimination in favor of the highly compensated, limitations on contributions and benefits, rollovers, early distribution penalties, and minimum distribution rules. Problems surrounding plan terminations and mergers and acquisitions.

256. Land Use (2)

Discussion--2 hours. Prerequisite: courses 201, 205. Government regulation of land use, with particular attention to the tension between private and public values. Basic tools of land development regulation, including zoning, general planning, and subdivision regulation. Constitutional constraints on land-use regulation; discrimination on the basis of race, income and disability; novel regulatory tools such as transferable development rights; and the role of land use regulation in the establishment and definition of communities.

257. Legislative Process (2)

Discussion--2 hours. Fundamental elements of the legislative process, including legislative procedure; the legislature as an insitution; the legislative investigative power; lobbying, legislative executive relations; and the legislature's constitutional powers and limitations.

258A. Professional Responsibility (1)

Discussion--1 hour. Study of ethical duties and responsibilities under the American Bar Association Code of Professional Responsibility, the Model Rules of Professional Conduct, and the Code of Judicial Conduct and the law of California. Required of all students for graduation. (S/U grading only.)

258B. Professional Responsibility (2)

Discussion--2 hours. Lawyers ethical duties and responsibilities to clients, the courts, third parties, and the legal system. Application of the American Bar Association Model Rules of Professional Conduct, the Code of Judicial Conduct, and the California Rules of Professional Conduct.

259. Feminist Legal Theory Seminar (2)

Seminar--2 hours. Readings selected from the field of feminist legal theory and examination of the relationship between theory and legal practice in support of women's rights. Students required to help lead class discussions and write a research paper, which will satisfy the advanced legal writing requirement. Limited enrollment.

260. Employment Discrimination (3)

Discussion--3 hours. Examination of federal law prohibiting employment discrimination based upon race, color, religion, sex, national origin, age, and sexual orientation. Course will focus on Title VII of the Civil Rights Act of 1964, and include coverage of Art. 1981, Art. 1983, the Equal Pay and Age Discrimination Acts. California fair employment laws will also be discussed.

261. Judicial Process Seminar (2)

Seminar--2 hours. Prerequisite: must be taken before or concurrently with the judicial externship (offered fall only). Required for all full-time judicial externs and recommended for part-time judicial externs. Examines a variety of issues concerning the judicial process. 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.

262. Antitrust (3)

Discussion--3 hours. Study of the federal antitrust laws including price fixing, limits on distribution, tying arrangements, monopolization, and mergers.

263A. Trial Practice (3)

Discussion--2 hours; laboratory--1 hour. Prerequisite: course 219 (may be taken concurrently). Introduction to the preparation and trial of cases, featuring lectures, videotapes, demonstrations, assigned readings and forensic drills. Limited enrollment. (S/U grading only.)

263B. Advanced Trial Practice (2)

Discussion--2 hours. Prerequisite: course 219 (may be taken concurrently). An advanced trial practice and litigation skills course featuring student preparation of and participation in mock trials with occasional class sessions. Limited enrollment. (S/U grading only.)

264. Water Law (3)

Discussion--3 hours. Property rights in surface waters, including riparianism, prior appropriation and federal reserved rights; water administration institutions, including the federal reclamation program; the law of interstate waters and property rights in ground water. Emphasis on California water law and policy.

265. Natural Resources Law Seminar (2)

Seminar--2 hours. Prerequisite: course 264 concurrently recommended. A consideration of the revolution in environmental law and water rights law over the past fifty years with regard to the protection of instream flows in California, i.e., those waters in rivers and lakes which support fish, recreation and other values associated with leaving water in place. Limited enrollment.

266. Commercial Law (2)

Discussion--2 hours. The law of sales. A functional approach towards the Uniform Commercial Code and Article 2 on sales. Discussion includes, among other topics, the nature of a sales "bargain," the allocation of the risk between the parties, the legal significance of sales warranties and disclaimers, performance, nonperformance and breach. Exploration of the UCC evaluating different ways in which courts construe it and the legal significance of those differences. Application to topical issues in commercial law, not limited to sales.

267. Civil Rights Law (3)

Discussion--3 hours. Survey of federal civil rights litigation. Includes civil remedies for racial discrimination and civil rights violations, specifically actions under: 42 U.S.C.A.s 1981, et. seq.; Title VIII of the Civil Rights Act of 1968; and Title II of the Civil Rights Act of 1964.

268. Jewish Law Seminar (2)

Seminar--2 hours. The term "Jewish Law" refers to those subjects that would normally be taught in an American law school as they have been approached by the Jewish legal system. This system is based primarily on the Talmud and on the commentaries and decisions that are derived from it. Jewish law is of interest to American law students not for its immediate practical value, but because it is a foreign legal system that is one of the oldest in the world, and one that has faced many of the problems now facing American law. Specifically, although Jewish law is purportedly based on immutable religious law, changing conditions over the centuries have encouraged methods of adaptation that are reminiscent of American constitutional law. Each student will be required to prepare and present a paper that would fulfill the advanced legal writing requirement. Neither a knowledge of foreign languages nor a previous exposure to Jewish law is necessary. Limited enrollment.

269. Basic Finance (3)

Discussion--3 hours. Prerequisite: Students with a non-law basic finance course will not be admitted, except with consent of instructor. Exposure to some of the basic techniques of valuation that are part of the standard inventory in a good business school. Course gives a helpful background for a range of business-related courses.

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, foreign exchange problems, and national efforts to control imports.

271. Nonprofit Organizations and Document Drafting (4)

Discussion--4 hours. Prerequisite: course 215 (may be taken concurrently). Same material as covered in the 3-unit course, but includes significant work drafting a variety of legal documents relative to formation of nonprofit organizations. Focuses on the legal rules and concepts applicable to nonprofit organizations, such as public interest, cultural, religious, educational, and other tax-exempt organizations. Nonprofits from the state law perspective, covering organization and dissolution, operation and governance, fiduciary obligations of officers and directors. Basic taxation of nonprofits, including qualification for exempt status, the inurement and private benefit concepts, limitations on political activities, the unrelated business income, and charitable contributions.

272. Family Law (3)

Discussion--3 hours. The legal, social and emotional aspects of parent-child relationships, including issues concerning medical care, neglect, dependency, abuse, foster care, termination of parental rights, adoption, artificial insemination, surrogacy, paternity, surnames, birth control, abortion, emancipation of minors, child support and child custody. How attorneys, mental health professionals and the judicial process do and should deal with these issue (e.g., interviewing, counseling and mediation) are also considered.

273. Current Issues in Family and Marital Property Law Seminar (2)

Seminar--2 hours. Prerequisite: course 225 or 272. Examination in depth of important current issues in the fields of family and marital property law. Heavy emphasis on law reform, including study and direct observation of the legislative process. Each student selects one issue for development and presentation in the seminar. A research paper or draft bill and supporting analysis is required. A more lengthy paper with additional unit credit may be arranged with consent of instructor to satisfy the advanced legal writing requirement.

274A. Intellectual Property (3)

Discussion--3 hours. Broad survey of the field of intellectual property, including trademarks, patents, trade secrets, idea protection, unfair competition, and copyright.

274B. International Intellectual Property (3)

Discussion--3 hours. Introduces students to the substantive, procedural, transactional and dispute resolution aspects of international intellectual property rights (IPR). International patent practice. Basic international instruments including the Paris Convention, International Patent Treaty, and Trade-Related Aspects of Intellectual Property Rights of the World Trade Organization. World Intellectual Property Organization rules on arbitration, mediation and national IPR dispute resolution law and practice. Exercises include negotiating and drafting an international IPR contract and dispute resolution clause and resolving international IPR disputes.

275. Complex Litigation (2)

Discussion--2 hours. A study of the issues that frequently arise in large complex litigation involving multiple parties and multiple claims. In-depth treatment of topics introduced in the first-year civil procedure course, with emphasis on cutting-edge issues currently the topic of litigation. Topics include complex party joinder, multidistrict federal court litigation, motion practice and sanctions, class action litigation, discovery and "discovery abuse," including privilege and work product claims, judicial management and settlement of litigation, and preclusion (collateral estoppel and res judicata). Not all topics will necessarily be covered in any one semester.

276. Juvenile Justice (2) II.

Discussion--2 hours. Legal and philosophical bases of 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. Guest speakers and field trip possible.

277. Native American Law (2)

Seminar--2 hours. Legal relations between Native American tribes and the federal and state governments. Topics include the basic jurisdictional conflicts which 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, repatriation. Issues regarding terminated and non-recognized tribes are also addressed.

278. Pretrial Skills (2)

Discussion--2 hours. A series of role-playing exercises, class discussions, and related projects to introduce students to a set of non-trial skills basic to the practice of law. The course may cover client interviewing and counseling, investigation and discovery techniques, negotiations, and alternative dispute resolution.

279. Public Sector Labor Law (2)

Seminar--2 hours. Prerequisite: course 251 or consent of instructor. Application of private sector labor law doctrines to the public sector. Emphasis on the four California public sector statutes and the impact of constitutional law on public employees. Class presentation and seminar paper required. Satisfies advanced writing requirement. Limited enrollment.

280. Advanced Legal Writing Seminar (2)

Seminar--2 hours. How to write a variety of legal documents in plain English. Writing exercises and outside readings will be assigned weekly. Each student completes an individual writing project in lieu of final examination. The writing project will satisfy the law school's advanced legal writing requirements. Limited enrollment. (S/U grading only.)

281. Local Government Law (2)

Discussion--2 hours. Comprehensive course with some emphasis on California municipalities. Topics include organization, reorganization, and operation (including open meetings); intergovernment relationships (federal, state, and local, with emphasis on state and local); legislation (authority--including police power and citizen-initiated laws--and enforcement); finance; land use and environmental quality; redevelopment; eminent domain; and regional issues.

282. Energy Law Seminar (2)

Seminar--2 hours. Focus on the regulation of energy distributing industries, such as electricity and natural gas. Topics include energy economics, cost/benefit analysis, rate-making methodologies, alternative energy technologies, conservation, and administrative regulation of the energy sector.

283. Remedies (3)

Discussion--3 hours. Survey of modern American civil remedies law, in both private and public law contexts. Topics to be addressed include money damages, injunctive relief, restitution, contempt power, attorneys fees, and equitable defenses such as estoppel and laches.

284. Law and Economics (3)

Discussion--3 hours. Prerequisite: no prior knowledge of economics is required; students with strong background in economics may not enroll. Study of the ways in which economics helps to explain or to influence the law.

285. Environmental Law (3)

Discussion--3 hours. Prerequisite: course 205. Federal environmental law, including coverage of historical development of environmental 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.

286A. Health Law (3)

Discussion--3 hours. Course will identify and analyze the myriad legal issues which arise in the dynamic health care industry of the 1990s. Specific focus on the legal implications posed by various business arrangements between providers and payors, from social issues such as AIDS, human reproduction, and the right to die, to external forces, such as government regulation, and the competitive market place. Explores many substantive issues, and addresses legal issues posed by the various options presented under the label of "health care reform" and the emerging "integrated delivery systems" of the health care industry.

286B. Advanced Health Law Seminar (2)

Seminar--2 hours. Prerequisite: course 286A or consent of instructor. Legal and business aspects of the delivery of health care through a sophisticated integrated system operating in a mature managed care environment. In-depth study and application of the many laws which apply to integrated delivery systems, physician networks, PSOs and other entities through which health care is provided. The specific laws to be addressed include the Fraud and Abuse laws, the False Claims Act, Medicare Anti-Kickback Statute, Ethics in Patient Referral Laws (aka "Stark I and II") and the Health Insurance Portability and Accountability Act, the Balanced Budget Act and other laws applicable to health care regulation, fraud, and abuse in particular. Each of these issues is analyzed against the backdrop of a mature integrated delivery system (e.g., Sutter Health, Mercy Healthcare Sacramento) operating in a highly penetrated managed care market.

287. Public Land Law (3)

Discussion--3 hours. Legal aspects of federal land management, including the history of public land law, authority over federal lands and specialized law dealing with particular natural resources and uses found on federal lands (minerals, timber, range, wildlife, recreation and preservation).

288. Advanced Constitutional Law Seminar (2)

Seminar--2 hours; paper. Explores in-depth selected topics or problems in constitutional law and theory. Initial topics may include the regulation of hate speech, the interpretation of the Establishment Clause, or the development of the Takings Clause doctrine. Other topics selected by the seminar group. Students will write papers and present them to the seminar. Satisfies advanced legal writing requirement. Limited enrollment.

289. Toxics Law and Policy (3)

Discussion--3 hours. How to regulate the thousands of toxic substances used in commerce is a central focus of federal environmental law. The range of regulatory approaches dealing with toxic substances and hazardous wastes, including the federal Superfund, the federal hazardous waste management law, and other statutes controlling toxics in pesticides, the workplace, and other settings. Risk assessment and risk management issues, alternatives to traditional regulation such as California's Proposition 65, and toxic torts.

290. International Trade Dispute Seminar (2)

Seminar--2 hours. One of the great debates raging in international trade circles is between pragmatists and legalists. Pragmatists argue that informal, negotiation-based dispute resolution processes are the best, and perhaps the only workable, means of effectively settling trade controversies between disputing countries. Legalists believe that formal, litigation-style dispute resolution processes are superior and that "soft" pragmatic approaches to settling trade disputes inherently are doomed to failure. Introduction to the economic, political, and legal theories underlying the debate and, using actual disputes from NAFTA, MERCOSUR, and the WTO, attempts to determine which camp has the better argument. Grade based on paper and class presentation. Satisfies the advanced legal writing requirement. Limited enrollment.

291. International Trade Law and Latin America (3)

Discussion--3 hours. Covers the role of the executive, legislative and judicial branches of the United States with respect to international trade policy. International topics include the World Trade Organization (WTO) and the General Agreement on Tariffs and Trade Agreements (GATT, 1947), the GATT, 1994, North American Free Trade Agreement (NAFTA) and economic integration in this Western Hemisphere. Students are encouraged to do supervised research on selected topics of trade law and Latin America. Satisfies the advanced legal writing requirement.

292. Immigration Law and Procedure (3)

Discussion--3 hours. Survey of a brief history of U.S. immigration and policy; federal agency interrelationship (Justice and State Department); entry of nonimmigrant (temporary) visitors and immigrants into the United States; the worldwide quota and preference systems; family and employment relationship critical to securing favored immigrant status; deportation procedures; discretionary relief available to persons otherwise subject to deportation; available defenses to deportation and exclusion proceedings; immigration consequences of criminal conviction; refugee and asylum law; administrative appeals; federal and state judicial relief; citizenship and naturalization.

293. Public Interest Law Seminar (2)

Seminar--2 hours. Examines the problems associated with providing legal services to those people and interests in American society traditionally unable to afford those services. The class will discuss selected readings that review various theoretical issues and specific problems facing public interest lawyers. May satisfy advanced legal writing requirement. Limited enrollment.

294. Environmental Law Seminar (2)

Seminar--2 hours. Open to law and ecology graduate students. Wildlife law and policy, covering domestic and international law. Topics may include fishing and hunting regulations; responses to exotic species; protection of biodiversity; the role of international law and trade restrictions; division of authority between federal, state and local governments; Indian treaty rights. Students lead a class discussion and write a research paper, which may satisfy the advanced legal writing requirement. Limited enrollment.

295. Business Bankruptcy (2)

Discussion--2 hours. Prerequisite: course 243, or good business law background and consent of instructor. Techniques for solving problems of a business having trouble paying its debts. Matters of business planning and deal-structuring, mostly under the Bankruptcy Code.

296. Copyright (3)

Discussion--3 hours. Detailed look at the law of Copyright, with emphasis on its application to literary, musical and artistic works, and to motion pictures, television, and theater. Some related issues, including the protection of titles and characters, and the right of publicity.

297. Alternative Dispute Resolution (3)

Discussion--3 hours. Methods of avoiding or resolving disputes outside the traditional trial model. This includes, among others, engaging in preliminary discussion on the efficiency of trial-based methods compared to the alternatives. Attention to skills training, others in negotiating, mediating and arbitrating. Students participate in simulated exercises, using and critiquing different methods of dispute avoidance and resolution used by their colleagues. Methods of dispute avoidance and resolution in commercial practice. Illustrations include other areas of law of interest to the class. Limited enrollment. Not open for credit to students who have taken or enrolled in course 234.

Additional Professional Courses

408. Community Education Seminar (3)

Seminar/clinic--3 hours. Trains students to educate the community about basic legal rights and responsibilities. Students attend an initial four-hour orientation, followed by weekly seminars that will prepare students to teach in a local high school at least two times per week. Paper or journal required, to be determined by instructor. Limited enrollment. (S/U grading only.)

409. Environmental Law Moot Court Competition (1)

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 law moot court team will be selected on the basis of performance in class. (S/U grading only.)

410A. Appellate Advocacy (Moot Court) (1)

Program includes classroom instruction in appellate procedure and appellate advocacy skills and participation in the moot court program. Participants in 410A work on three oral advocacy problems and argue six times before a moot court. Both courses, 410A and 410B, must be taken in order to qualify for interschool competitions. Limited enrollment. (S/U grading only.)

410B. Appellate Advocacy (Moot Court) (1)

Prerequisite: course 410A. Continuation of course 410A. Participants in 410B research and write an appellate brief and argue the case twice before a moot court. Both courses, 410A and 410B, must be taken in order to qualify for interschool competitions. Limited enrollment. (S/U grading only.)

411. Journal of International Law and Policy (1)

The Editor-in-Chief of the Journal receives one credit for each semester of service. Only one person may receive this credit in any one semester. (S/U grading only.)

412. Carr Intraschool Trial Advocacy Competition (1)

Competition--1 hour. Named after the late Justice Frances Carr, this competition is open to second- and third-year students. A preliminary round is followed by quarter-finals, semi-finals, and a final round. Students participate in mock trials presided over by judges and critiqued by experienced litigators. Limited enrollment. (S/U grading only.)

413. Interschool Competition (1-3)

Prerequisite: consent of appropriate faculty adviser. 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 adviser. The faculty adviser 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. May satisfy advanced legal writing requirement. (S/U grading only.)

414. Moot Court Board (1)

Prerequisite: courses 410A-410B. Members of Moot Court Board may receive one credit for each semester of service on the board, up to maximum of two. Credit awarded only after certification by Moot Court Board and approval of the faculty advisers to Moot Court Board. Limited enrollment. (S/U grading only.)

415. Trial Practice Honors Board (1)

Members of the Trial Practice Honors Board administer the Frances Carr competition. Members are nominated by their individual Trial Practice I adjuncts. Students receive one credit for serving on the Board, awarded upon approval of the faculty adviser. (S/U grading only.)

416. Law Review Writer (1-2)

Writing of an editorship quality law review article under the editorial supervision of editors of the Law Review. Minimum of 40 hours contribution to the Review's publication is also required. Credit may be obtained only upon achieving status as a member of the Law Review, which requires that the student have made substantial progress toward completing an editorship article. Credit is awarded only after certification by the Editor-in-Chief of the Law Review and approval of the faculty advisers to the Law Review. One unit of credit is earned the first semester. Two units are earned the second semester upon completing an editorship draft. One unit is earned second semester if only a membership draft is completed. (S/U grading only.)

417. Law Review Editor (1-2)

Editors must have completed an editorship article and must perform editorial duties requiring a substantial time commitment. Credit awarded only after certification by the Editor-in-Chief of the Law Review and approval of the faculty advisers to the Law Review. Students may receive four credits over two semesters for service as an editor. [In exceptional cases, students may petition to participate for one semester only and receive two credits.] (S/U grading only. Deferred grading pending only, pending completion of sequence.)

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. (S/U grading only.)

419. Advanced Writing Project (1-4)

Completion of a writing project under the active and regular supervision of a faculty member in satisfaction of the legal writing requirement. Writing project must be an individually authored work of rigorous intellectual effort of at least 20 typewritten, double-spaced pages, excluding footnotes. 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). Advanced writing project may also be undertaken in connection with another course or seminar to satisfy the legal writing requirement. Number of units for the writing project shall be approved by the faculty supervisor and will depend upon the scope of the writing effort. (Grading may be on S/U or letter-grade basis at the faculty supervisor's discretion.)

420. Civil Rights Clinical Program (2-6)

Clinical program. Prerequisite: prior or concurrent enrollment in course 267 and 219. Provides practical experience in providing legal services to indigent clients who have filed civil rights actions in the United States District Court for the Eastern District of California. Students will work on clinic cases under the supervision of the clinic director and supervising attorney. Limited enrollment. (S/U grading only.)

425. Judicial Clinical (2 to 6 or 12)

Clinical program. Prerequisite: course 261 required for full-time clinical students and recommended for part-time clinical students. Students may arrange judicial clerkship clinical programs 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. Full-time clinical students must complete an evaluative final paper of approximately 10 pages. (S/U grading only.)

430. Clinical Program in Federal Taxation (2-6)

Clinical program. Prerequisite: course 220. Students will have the opportunity to work with the Internal Revenue Service or other governmental tax agency. Journals and attendance at group meetings are required. (S/U grading only.)

435. Family Protection and Legal Assistance Clinic (4)

Clinical program. Prerequisite: course 219 (may be taken concurrently). Each student is required to enroll for two semesters, receiving 4 units each semester, for total of 8 units. Students will represent low income persons in family law and related matters arising out of situations involving family violence. Students are supervised by a full-time staff attorney; the clinic's office is located at the Sexual Assault and Domestic Violence Center of Yolo County in Woodland. The clinic begins with an intensive seminar focusing on domestic violence and family law, with training in client interviewing and counseling skills. Under the supervision of the staff attorney, each student will represent a maximum of four or five clients at a time, depending on the legal work required. Legal representation will focus on child custody and visitation, child support, dissolution, property division, and family mediation. Students also assist clients in obtaining health care services, housing, and employment. Students gain experience in obtaining temporary restraining orders for abused women through the Sexual Assault Center's weekly TRO clinic. Students also participate in community education, presenting workshops on issues of family violence. Limited enrollment. (S/U grading only.)

440. Immigration Law Clinical (2 to 6 or 12)

Clinical program. Students may represent clients in administrative law hearings in San Francisco. Minimum units for the course are 4 and maximum is 12. Each unit assumes four hours work per week, including participation in the seminar, conference, and case research and development. Students who have completed course 292 may take the clinic for a minimum of 2 units. Limited enrollment. (S/U grading only.)

445. Legislative Process Clinical (2-4)

Clinical program. Prerequisite: prior or concurrent enrollment in course 231 or 210, or consent of instructor. Provides 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. (S/U grading only.)

450. Environmental Law Clinical (2-4)

Clinical program. Practical experience in environmental law. Students will work under the direct supervision of a government or private lawyer engaged in some form of environmental law work for a minimum of 8 office hours per week. Students will also be required to prepare a bi-weekly journal, noting, commenting upon, and reflecting upon their clinical experience. (S/U grading only.)

455. Employment Relations (2 to 6)

Clinical program. Prerequisite: prior or concurrent enrollment in course 251 or 260. Practical experience in employment relations: private and public sector labor law, or employment discrimination. Students work under the direct supervision of a government or private 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 of pleadings, and attendance at hearings. Journals and attendance at one or more small group meetings are required. Clinical students must complete an evaluative final paper of approximately 8 pages. (S/U grading only.)

460. Public Interest Law Clinical (2-6)

Clinical program. Prerequisite: prior or concurrent enrollment in course 293 recommended. Students work with a public interest practitioner in a nonprofit organization. Journals and attendance at two group meetings are required. Clinical students must complete an evaluative final paper of approximately 8 pages. Hours completed in public interest setting may be applied toward the practicum requirement for the Public Interest Law Program. (S/U grading only.)

465. Clinical Program in Administrative Law
(2-6)

Clinical program. Prerequisite: course 235 (may be taken concurrently) or consent of instructor. For students interested in a work experience in an administrative law setting. Students will work under the direct supervision of an administrative law judge, hearing officer, or government attorney. Placement assistance will be provided by the instructor. A goal of this clinical will be a breadth of experience in the areas of formal adjudication, informal adjudication, rulemaking, and judicial review. Students will be required to meet monthly as a group to share experiences and maintain observational journals. (S/U grading only.)

470. Administration of Criminal Justice
(2 to 6 or 12)

Clinical program. Prerequisite: courses 219, 227 (may be taken concurrently); course 263 recommended (may be taken concurrently). This program affords 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 enrolled in the program engage in the full range of activities associated with their
specific office with emphasis on observation and participation in factual investigation, interviewing, counseling, negotiating, motion practice, and trials under State Bar rules. Note: students wishing to practice must qualify for a certification by the relevant state or federal jurisdiction. Journals and seminar attendance are required. Limited enrollment. (S/U grading only.)

480. Clinical Program in Prison Law (2-6)

Clinical program. 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 will work under the direct supervision of the Prison Law clinical director and will be assigned a portion of the director's case load. Students will be required to follow the law office procedure of the clinic and employ skills such as interviewing, research, writing, negotiating, and possibly, the preparation of legal documents to be filed in court. (S/U grading only.)

495. Instruction in Legal Research and Legal Writing Skills (1-2)

Participants will assist in instructing legal research and writing 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 will be given in the fall semester for legal research instruction and two units in the spring for legal writing instruction. (S/U grading only.)

498. Group Study (1-4)

Groups of students (not fewer than 4 or more than 10) with common interest in studying a stated legal problem may plan and conduct their own research and seminar program, subject to the following regulations: (1) the program may extend over no more than two semesters; (2) the plan for the program and the list of members of the group must be submitted to Dean's Office at least 4 weeks prior to opening of the semester in which the program is to begin; (3) a three-member faculty board will be appointed for each group proposed and will have authority to approve or disapprove the program and the amount of credit sought; (4) changes in the program or in membership of the group must be approved by the faculty board and normally will be approved only prior to the semester involved; (5) group members must conduct a weekly seminar session to be arranged by them; (6) each member of the group must submit an individual paper or an approved alternative growing out of the seminar subject to the faculty board; (7) S/U grading only unless the entire group requests letter grades in advance.

499. Research in Legal Problems (1-4)

Students may receive credit for individual research projects, subject to the following regulations: (1) the project may extend over no more than two semesters; (2) each project will be under the supervision of a faculty member; (3) an outline of the project must be approved by the supervising faculty member in advance of the semester in which it is to be undertaken; (4) normally, no faculty member will be permitted to supervise more than five students working on individual programs during any semester; (5) each student must submit an individual paper or approved alternative to the supervising faculty member. (S/U grading only.) In exceptional cases, with prior approval of a professor and an associate dean, students may arrange for directed research in foreign and/or international legal problems by working abroad under the supervision of a UC Davis Law School faculty member and an attorney or faculty member at a foreign or international government agency or educational institution (4 up to 12 units). S/U grading only unless letter grading requested in advance.


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UC Davis 1999-2000 Online General Catalog. Posted July 30, 1999.
catalog-comment@ucdavis.edu
Molly Theodossy, Keitha Hunter and Barbara Anderson, Editors

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