Required Courses –
First Year J.D. Course Descriptions
Civil Procedure II (2 units)
This course is a continuation of the two-semester first year year requirement, providing an introduction to
the court system, including jurisdiction over the person, venue, and the role
of state law in federal courts. The course also covers aspects of civil
litigation, including pleading, discovery, parties, counterclaims, cross-claims,
impleader, intervention, and interpleader.
Contracts II (3 units)
This course is a continuation of the two-semester first year year requirement, providing a study of the fundamentals of contract
law, including the common law, selected portions of the Restatement (Second) of
Contracts, and selected portions of the Uniform Commercial Code. Areas of
concentration include the bargaining process (offer and acceptance);
consideration and other bases for enforcing promises; the Statute of
Frauds; capacity to contract; policing the agreement; unenforceability on grounds
of public policy; the parol evidence rule and other rules of contract
interpretation; performance and nonperformance; remedies; excuses for
nonperformance (including mistake, misrepresentation, duress, impracticability,
and frustration of purpose); assignment and delegation; rights of third
parties; and other topics.
Criminal
Law (3 units)
This course is designed to enable law
students to deal with substantive criminal law problems in both practical and
policy terms. There is inquiry into the proper scope and objectives of
the criminal law, limitations on the State’s power to define criminal
liability, and general principles of liability and defenses for offenses
against the person and property. The course also provides an opportunity
for critical examination of statutes at an early stage in the law student’s
career.
Legal Research and Writing II (2 units)
This course is a continuation of the two-semester first year year requirement, introducing students to
fundamental legal reasoning, research, and writing skills in the context of
objective legal documents, including client letters and memoranda of law. The
first semester (I) includes an overview of legal concepts, such as the structure of the
court system and how law is made. The second semester (II) helps
students refine and further develop their analytical, writing, and research
skills in the advocacy context. Students produce litigation documents
including pleadings and either a pre-trial brief or an appellate brief.
Students are introduced to computer assisted legal research.
Real Property II (3 units)
This course is a continuation of the two-semester first year year requirement. It is studied as a social and
legal institution to facilitate the acquisition, disposition, and use of
personal and real property. Over two semesters, students explore a
variety of rights and responsibilities in property, including distinctions
between real and personal property, the nature of ownership and possession,
adverse possession, landlord-tenant law, present and future estates in land,
concurrent ownership, conveyancing and deeds, recording, private land-use
restrictions (easements, covenants, and equitable servitudes), public land-use
regulations, and eminent domain. The course may include introductory exposure
to trusts, donative transfers, intellectual property, fixtures, mortgages, and
ownership of natural resources (i.e., water, oil, gas, wildlife).
Torts II (3 units)
This course is a continuation of the two-semester first year year requirement, covering the civil laws
governing compensation for injury to person and property. The course
emphasizes intentional, negligent, and strict liability torts. Students become
familiar with the fundamental principles and objectives of tort law including
the basic rules governing the legal assessment of fault, victim compensation,
and defenses. Products liability, defamation, invasion of privacy,
selected business torts, and other alternatives to negligence may be
explored.
Upper Level J.D. Course Descriptions
Advanced Family Violence
Clinic (1-2) Law-7629
The
Advanced Family Violence Clinic is a semester-long, graded clinic open to students
who have successfully completed the Family Violence Clinic and who have been
approved for enrollment by the Family Violence Clinic Director. The Family Violence Clinic Director,
Professor Marisa Cianciarulo, will determine how many credits to allocate to
each Advanced Family Violence Clinic student prior to registration. The credit allocation will reflect the amount
of anticipated work to be completed by the student (based on the nature and
status of the case(s) or work to which the student will be assigned), but will
not exceed two credits. Advanced Family
Violence Clinic students are exempt from the weekly seminar portion of the
regular Family Violence Clinic.
Advanced
Family Violence Clinic students represent Orange County victims of domestic
violence in applications for domestic-violence related immigration relief
and/or domestic violence protection orders or may be involved in legal outreach
and related limited representation. In
addition to casework at the AFJC, Advanced Family Violence Clinic students will
either meet bi-weekly with clinic faculty on an individual basis for case
supervision or weekly with other advanced students and their supervisor. This course will satisfy the Lawyering Skills
requirement.
Advanced Federal Income Tax
(2) Law-7879
This
course is a continuation of the basic Federal Income Taxation course for
students in the tax law program. It includes federal income tax topics that are
not generally addressed in detail or at all in the basic course, such as:
in-depth coverage of tax accounting issues, imputation under IRC section 7872,
involuntary conversions, alternative minimum tax, “kiddie tax”, employee
benefits and deferred compensation (including IRC section 83) and tax law
policy issues. This course is a core
requirement for the Certificate in Taxation. Prerequisite:
Federal Income Taxation.
Advanced Legal Research (2) Law-7803
Following
a review of basic research procedures, with emphasis on primary source
materials, bibliographic research is conducted in the areas of legislative
materials, including legislative histories, administrative materials and
sources of the law. Emphasis is placed
on the availability and use of treatises, forms, records and briefs, microforms
and other materials used in practice. This course will satisfy the Lawyering Skills
requirement.
Advanced Mediation
Clinic – (1-2) Law-7849
The
Advanced Mediation Clinic provides an opportunity for students who have
completed a semester in the Mediation Clinic to continue mediating court cases.
Students in the advanced clinic seek ways to expand their mediation skills by
working with mediation practitioners and exploring various techniques employed
in mediation. Advanced clinic students
co-mediate with Mediation Clinic students, providing assistance and guidance in
the early stages of the Mediation Clinic experience. Through this practice, advanced clinical
students develop their mediation skills while teaching others. There is no weekly classroom meeting for
students in the Advanced Mediation Clinic.
Students meet regularly with clinic faculty during the semester and
submit weekly journal entries for the cases mediated. Registration allowed only with prior approval from Professor
Dowling. This course will satisfy the Lawyering Skills
Requirement.
Advanced Seminar:
International Law (2) Law-7845
Critiques
of International Legal Order (2 units) This seminar examines critiques of
international law. Students will explore
critical legal theory, global south, critical race, gender studies, and
rationalist/neo-sovereigntist perspectives on international law, international
organizations, and their function and legitimacy. Potential themes include human rights,
business and finance law, constitutional ordering, environmental law, and laws
of war. Emphasizing student-led
discussions, the seminar is comprised of three parts: readings, research and
writing, and student-paper presentations.
Prerequisite: International Law or International Business
Transactions (completed or concurrent enrollment) or Instructor approval. This
course will satisfy the Scholarly Writing Requirement and the writing
requirement of the International Law Emphasis.
Advanced Topic:
Municipal Ordinances (3) Law-7656
In this course, students will learn how to
navigate, analyze, and interpret county and city laws/ordinances. Students will
have the opportunity to work with real city ordinances and will be provided
with actual draft ordinances authored by municipal attorneys. Classes will
consist of reviewing and in some instances revising draft ordinances to
determine and/or address the potential impacts of the ordinance on property
owners, neighborhood associations, business groups and other stakeholders.
Students will be exposed to a wide range of municipal issues ranging from
backyard chicken keeping to the regulation and control of big box retail stores
and cell towers. This course will satisfy the Practice Oriented
Writing Requirement OR the Lawyering Skills Requirement; one course cannot
satisfy both requirements at the same time.
Agency and Partnership (3) Law-7507
The principles of master-servant, principal-agent, and general
employer-independent contractor agency relationships are explored in this
course. Subjects include relationship
creation and termination, the scope of the agents= real and apparent authority; disclosed and undisclosed principals,
ratification; agent fiduciary duties; applicability to partnerships; the
doctrine of respondent superior, and employer-employee relations. Materials cover statutory and case law
differentiating the general partnership from the limited partnership and
internal/external rights, duties, and liabilities, including creditor
remedies. Discussion includes such
topics as limited liability companies, not-for-profit organizations, and joint
ventures.
Appellate Tax Clinic (1-2) Law-7642
This course offers the
opportunity for students to participate in actual appellate tax cases conducted
under the auspices of The Center for Fair Administration of Taxation. Students enrolled in the course may
participate as amicus curiae in
significant matters of federal, state or local tax law. Students conduct
research on legal issues, draft appellate briefs, and depending on the
jurisdiction of the court and the nature of the case, present their brief
before an appellate court. Prerequisites: Federal Income Tax, Civil
Procedure, top 40% class rank and permission of professor. Students should submit a resume in advance.
Enrollment limited to clinic current case-load (typically 2-4 students.) Registration allowed only with prior
approval. May satisfy either the Lawyering Skills or Practical Writing
requirement with faculty approval; one course cannot satisfy both requirements
at the same time.
Bankruptcy Procedure and Practice, Part II (3) Law-7805
This advanced
course will cover both individual and business reorganizations in Chapter
11, including assumption and rejection of leases and other executory contracts,
preparation of disclosure statements, and negotiation and confirmation of
plans. Students will be expected to engage in role-playing exercise to
simulate the competing interests of debtor, unsecured creditors and secured
creditors in the reorganization effort. Prerequisite: Bankruptcy Procedure and Practice Part I.
Business Planning (2) Law-7515
The goal of this course, through reviewing
actual documents and agreements (and through class discussion), is to have
students become familiar with certain legal and business relationships/issues
raised in documents, business agreements and other contracts -- from a
practical (real life) perspective.
Generally, class discussions track the formation, growth and eventual
sale of a California business. We begin
by analyzing and comparing different business entity structures. We then
examine the relationship and conflicting motivations of owners, officers and
employees of the business. With the
growth of the business, we move to a review of the various interactions a
business has with its consultants, employees, venture investors, banks and
vendors. We end the course with an
examination of the eventual merger/acquisition of the business. Practical problems and solutions are the
focus of this course. It is intended to
provide an important component of preparing students who will be advising
and/or interacting with California businesses.
May satisfy either the Lawyering
Skills or Practical Writing requirement with faculty approval; one course cannot
satisfy both requirements at the same time.
California Civil Procedure (2) Law-7817 California Bar Tested
This course continues the study of civil
procedure with advanced focus on California's procedural structure,
including ways in which California procedure differs from federal
civil practice. Areas of study include state practice
in complex civil litigation, discovery, pleading, summary judgment, former
adjudication and other advanced principles. Students will be expected to
analyze complex fact patterns and to discern the ways in which California
procedure differs from federal practice.
California Evidence (3) Law-7318 California
Bar Tested
This course addresses
both civil and criminal provisions of the California Evidence Code, examining
among many topics: relevance, character
evidence, the hearsay rule and its exceptions, impeachment, expert testimony,
and privileges. The course focuses on the California Evidence Code, with a
practical focus on tactical and procedural introduction of evidence at trial in
state court. The class will also cover
differences between California Evidence Code and the Federal Rules of Evidence.
Prerequisite: Evidence.California Evidence with
Judge Steiner: Mandatory attendance (for
a morning or afternoon session at any point during the semester) at one trial
or other court proceeding in Judge Steiner's courtroom is required. The final class of the semester is
accordingly canceled.
Commercial Leasing (2)
Law-7521
This
course introduces students to one of the most important areas of real estate
practice: commercial lease law and negotiation. Students are required to master
elements of legal substance and theory concerning the leasing of commercial
property, as well as methods of practice and negotiation. In addition to
studying sophisticated commercial leases, case opinions, and other textual
materials, students draft and revise provisions of commercial leases, and
ultimately, negotiate an entire lease transaction. Strongly recommended:
successful completion of Real Estate Transactions and Finance. This course will satisfy
the Practical Writing Requirement OR the Lawyering Skills Requirement; one
course cannot satisfy both requirements at the same time.
Constitutional
Jurisprudence Clinic (3) Law-7828
This clinical program
provides students an opportunity to work on pending litigation representing
clients or drafting amicus curiae briefs in high profile cases raising
significant issues of constitutional law. Depending on the availability and
current status of cases, students will, under the supervision of the course
instructor or cooperating counsel, draft briefs for filing with the United
States Supreme Court. Students may also have the opportunity to prepare
initial case strategy, conduct client interviews, research legal issues, draft
a complaint and prepare it for filing, draft discovery plans and requests,
prepare summary judgment motions, draft appellate briefs, and perhaps, and,
depending on the jurisdiction, argue a motion before the trial court or the
case before an appellate court. This course will satisfy
the Practical Writing Requirement OR the Lawyering Skills Requirement; one
course cannot satisfy both requirements at the same time.
Client Interviewing and Counseling (3)
Law-7520
Students will learn and practice skills involved
in interviewing and counseling clients. Through the course of the
semester, students will take one simulated case from the initial phase of
gathering and evaluating facts supplied by a client, conduct substantive legal
research, write a memorandum to the client file, and provide oral and written advice
to the client based on consideration of facts and applicable law. The
course will focus on interpersonal aspects of client relationships as well as
ethical problems that may arise in the context of client representation.
Students participate in simulated interviews and counseling sessions,
portraying both client and attorney. Students will be videotaped in at
least one interview or counseling session and will complete several written
products, including a client letter, a memo to the file, and papers
analyzing the lawyering process from the perspective of both attorney and
client. This course will satisfy the Practical
Writing Requirement OR the Lawyering Skills Requirement; one course cannot
satisfy both requirements at the same time.
This
is a core requirement in the Certificate in Advocacy and Dispute Resolution.
Note: the Client
Interviewing and Counseling course is taught by different professors who may or
may not require papers that would satisfy the Practical Writing
requirement. Students should refer to
the Schedule of Classes for a given semester to see if satisfying this
requirement is an option depending on the paper requirements by the
professor. If this is an option,
students may choose to apply the course towards the Lawyering Skills or the
Practical Writing requirement; one course cannot satisfy both requirements at
the same time.
Community Property (2) Law-7302 California Bar Tested
California
is one of nine community property jurisdictions in the United States. Community
property law affects the residents of each of these states, and, in the case of
migratory clients, persons who move to common law states as well. This course provides a survey of the peculiar
ownership, creditor rights, testamentary rights, and family law problems that
may result from even a passing domicile in a community property
jurisdiction. Practical problems and
solutions are emphasized.
Conflict of Laws (3) Law-7527
This course examines how courts resolve disputes in cases
involving parties, conduct, or transactions that are connected to more than one
state or country. After reviewing the law of personal jurisdiction, the
course will focus on how courts determine which law governs a
multi-jurisdictional dispute, how constitutional limitations inform such
determinations, the rules governing the enforcement of interstate and foreign
judgments, and the law that applies to seemingly ubiquitous Internet
transactions.
Constitutional Law I and II (3/3) Law-7127
and Law-7129 California Bar Tested
These courses cover the powers of the federal
government and selected topics regarding the relationship of the branches of
the federal government to each other and to the States, as well as selected
topics regarding the Bill of Rights, due process, equal protection, and the
effect of the Fourteenth Amendment on the application of the Bill of Rights to
the States.
Copyright Law (3) Law-7822
This course offers an in-depth analysis of the rights and
remedies afforded to copyright owners under U.S. law. Although we will discuss theoretical aspects
of copyright law, we will also engage in a number of practical exercises such
as preparing mock copyright registrations, client letters, legal memoranda, and
licensing agreements. Work prepared for
those practical exercises will apply toward satisfying the course’s writing
requirement.
Corporate Stock & Asset
Acquisition (2) Law-7898
This course is the JD
approved version of Corporate Tax II.
Students will study advanced topics not generally covered
in the Taxation of Business Organizations course. Topics include tax-free
reorganizations, acquisitive reorganizations, and carryover of corporate tax
attributes, including net operation losses. (Designated as “Corporate Tax II”
in the LL.M. program). Prerequisites:
Federal Income Tax, Advanced Federal Income Tax, and Taxation of Business
Organizations.
Corporations (3) Law-7145 California Bar
Tested
This course provides a basic understanding of both
closely held and publicly held for‑profit corporations. Particular attention is given to the way in
which corporations organize and operate.
The course also examines the respective roles, relationships,
responsibilities, and liability exposure of shareholders, directors and
officers. The study of corporate
litigation and regulation under key portions of the Securities Exchange Act of
1934 and the rules and regulations of the S.E.C. is included.
Criminal
Procedure/Adjudicative Process (3) Law-7303
This course involves a study of the
adjudicative stages of criminal justice: initial appearance, bail,
prosecutorial discretion, grand jury proceedings, preliminary hearing, joinder
and severance of offenses and defendants, right to speedy trial, guilty pleas,
discovery, trial by jury, publicity, double jeopardy, and post-conviction.
Criminal Procedure/Police Practices (3) Law-7301
California Bar Tested
This course provides a close examination of the laws
of criminal investigation. Topics
include constitutional limits on arrests and stops, search and seizure,
interrogation of suspects, right to counsel, and the privilege against
self-incrimination.
Directed Research (1-3; 12 and ½ pages minimum per credit based
on standard format) Law-7850
Courses are available to 2-4Ls only to study and
research topics which are not provided for by regular curricular
offerings. To register for Directed
Research, students must complete a Directed Research form and submit the
completed form to the Registrar’s Office for processing. The signatures of the supervising full-time
professor and the Associate Dean for Academic Affairs are required. The completed Directed Research form must be
submitted to the Registrar’s office by the given Add/Drop deadline for the
semester. Students cannot register for a Directed Research project online. Students must have a cumulative GPA of 2.6 at
the end of their first year to partake in a Directed Research project. With faculty approval, may satisfy the Scholarly
Writing Requirement OR the Practice Oriented writing requirement. One
course cannot satisfy both requirements at the same time. Must be taken for a minimum of 2 credits to
satisfy one of the writing requirements.
Elder Law Clinic (3) Law-7565
This
clinical class teaches the theory and practice of elder law, which focuses on
the legal problems of older adults. The class covers health care decision making,
medical ethics and end-of-life issues, public benefits for the elderly,
Medicaid planning, mental capacity issues and conservatorships for the elderly,
property management for the elderly, and ethical problems that arise when
representing the elderly. In addition to
the classroom component, students work directly with clients and engage in
interviewing, counseling, preparation of draft and final documents, and
possible representation of clients in administrative hearings. The class is useful for students interested
in the growing practice area of elder law or in a general practice that
includes representing elderly clients.
The class develops legal skills useful in almost any practice. Enrollment
is limited to 14 students.
Prerequisites: successful completion or concurrent enrollment in
Evidence and Civil Procedure; willingness to become a Certified Law
Student. This course will satisfy the
Lawyering Skills requirement.
Entertainment
Law Clinic (3) Law-7631
This
course will provide students with the opportunity to work with low budget
independent filmmakers. Students conduct client interviews with Directors
and Producers who are about to begin production on feature length films. Students prepare documents and contracts for
1-6 films each semester, including: forming an LLC; acquisition of
underlying rights; employment contracts for director, producer, actors and
crew; location agreements and releases. Students communicate directly with the filmmaker, prepare briefing
memoranda on issues unique to each film, and create client files. Students will meet to
discuss drafting challenges and issues and the role of the production attorney
in advising a filmmaker or production company. Prerequisite: Negotiating and Drafting Media Industry
Transactions. This course will satisfy
the Practical Writing Requirement OR the Lawyering Skills Requirement; one
course cannot satisfy both requirements. This course may be applied
toward the Entertainment Law Certificate.
Estate and Gift Tax – JD (3) Law-7833
A comprehensive study of the federal transfer
tax system, including the gift tax, the estate tax and the generation-skipping
transfer tax, with some attention to planning issues, including the tax treatment
of property owned at death and property transferred during life, the marital
and charitable contribution deductions and other deductions and credits, as
well as an overview of procedural and valuation issues. Prerequisite:
Federal Income Tax. This course is a
core requirement for the Certificate in Taxation.
Estate Planning - JD (2) Law-7837
A basic LL.M. level estate planning course, looking at both
small and large estates, with consideration of lifetime and testamentary
dispositions of property, the use of the marital and charitable bequests, and
the use of life insurance. The course
will look at the drafting and use of estate planning documents, such as wills,
inter vivos trusts, insurance trusts, living wills and durable powers of
attorney and provide an overview of special issues for estates including
substantial closely held business interests.
Prerequisite: Estate and Gift
Taxation.
Evidence (4) Law-7142 California Bar Tested
This course covers the standards regulating
admissibility of evidence in both criminal and civil trials. Special emphasis is placed on the Federal
Rules of Evidence.
Externship (Law
7588, 7589, 7590, 7653, 7654)
Externships offer
practical experience working for a judge (7588), district attorney or public
defender (7588), government agency, non-profit or select law office (7590), or
the in-house legal department of an entertainment company (7653) or corporation
(7654). Externs work under the supervision of experienced practicing
attorneys or judges who provide guidance and training in research, writing, and
practical lawyering skills. For information on how to obtain an
externship and other program rules, read the Externship Handbook, available at
Room 350-D, or on the “Externship Program General Information” course page on
TWEN (http://lawschool.westlaw.com/manage/homepage.asp?courseid=33468).
Externships can be
taken for 3, 4, or 5 units, except for select judicial externships that are
considered “full time” for 10 units. (Law firm externships can be taken
for 1 or 2 units, only). An externship of at least 3 units
The Director of the
Externship Program must approve all externships; students are not permitted to
enroll online. To apply for admission to the Externship Program, submit a
completed Externship Application to the Director as soon as possible, or at
least 2 weeks before the start of the semester. Applications are at the
back of the Externship Handbook (see above). If the Director approves the
externship, students will be enrolled in the course and corresponding section
within 1 week.
In addition to
fieldwork, first-time externs must attend a one-time classroom component (the
"Boot Camp") which provides training in specific lawyering skills
relevant to their placements. The Boot Camp is held during the first week
of classes, and students may generally choose among several class
times. Externships of at least 3
units will satisfy either the Lawyering
Skills Requirement or the Practical Writing Requirement (please note one course
cannot satisfy both requirements at the same time.)
Family Violence Clinic –
Immigration (3)
Law-7586
The Family Violence Clinic (“FVC”) is a semester-long
graded clinic open to upper-level law students. Under faculty
supervision, FVC-Immigration students have primary responsibility representing
victims of domestic violence, sex crimes, human trafficking and other crimes
that affect families. Students prepare
applications for immigration relief adjudicated by US Citizenship and
Immigration Services. The clinic operates out of the Anaheim Family
Justice Center (AFJC), located approximately five miles from the law school at
150 W. Vermont Avenue in Anaheim. The seminar component of the course
takes place weekly at the law school and focuses on lawyering skills such as
client interviewing and counseling, affidavit drafting, brief writing, and
related written advocacy skills. In addition to their work on cases and the
weekly seminar, students meet weekly with the professor in teams of two for
case supervision. There are no pre- or co-requisites for FVC-Immigration. This
course will satisfy the Lawyering Skills Requirement.
Family Violence Clinic -
Protection Orders (3) Law-7655
The Family Violence Clinic
(“FVC”) is a semester-long graded clinic open to upper-level law
students. Under faculty supervision, FVC-Protection Order students have
primary responsibility for representing victims of domestic violence in court
on applications for protective orders in Orange County Superior Court, Family
Division. FVC students also advise pro per applicants for restraining
orders before they appear in court on their own for domestic violence
hearings. The clinic operates out of the Anaheim Family Justice Center
(AFJC), located approximately five miles from the law school at 150 W. Vermont
Avenue in Anaheim. The seminar component of the course takes place weekly
at the law school and focuses on lawyering skills such as client interviewing
and counseling, direct and cross examination, entering exhibits in court, and
related trial skills. In addition to their work on cases and the weekly
seminar, students meet weekly with the professor in teams of two or three for
case supervision. FVC-Protection Order students must be enrolled in or
have taken Evidence. This course
will satisfy the Lawyering Skills Requirement.
Federal Income Tax (3) Law-7133
This course introduces students to the system of
federal income taxation of individuals. The tax system is studied with emphasis
on basic concepts rather than detailed computations. Significant attention is
given to the public policy served by various provisions of the Internal Revenue
Code. Primary consideration is given to principles and policies relating to the
taxation of individuals including procedure, income, deductions, gains and
losses, and transactional aspects of income taxation. The Internal Revenue Code
and Regulations are emphasized. All full
time students are required to take this course during their second year of law
study; part time students may take it during their second or third year of law
study. This course is a core requirement for the Certificate in Taxation.
Federal Tax Research – JD (2)
Law-7889
An
area often ignored in traditional legal research courses is the array of
materials dealing with tax matters. Such material is often separated from other
library materials, and many practicing attorneys possess little ability to
research tax matters for their clients. This course explores the fundamentals
of tax research and is also an extensive survey of tax research sources and
techniques, accompanied by several writing assignments. Prerequisite:
Federal Income Tax. This course is an
elective for the Certificate in Taxation.
First Amendment Law (3) Law-7325
This course is a
study of the fundamental freedoms of speech, press, association, and religion.
In addition to considering the historical background, the course focuses on
specific challenges in First Amendment jurisprudence, including regulation of
speech in a public forum, access to the media, regulation of the press,
symbolic expression, libel, obscenity, commercial speech, picketing, right of
association, loyalty oaths, legislative investigations and government demands
for information, separation of church and state, free exercise of religion,
state aid to religious schools, and regulation of religion-based conduct.
This course may satisfy the Practical Writing Requirement OR the Scholarly
Writing Requirement; one course cannot satisfy both requirements.
Gambling Law Seminar (3) Law-7306
This
course covers the law and policy of regulating gambling, one of the fastest
growing segments of the entertainment industry. The course will examine the
history and current development of, as well as possible future changes to,
gambling regulation in California, the United States, and other parts of the
world. Topics discussed will include casino gambling, lotteries,
pari-mutuel wagering, sports-betting, Indian gaming, and Internet
gambling. This course will satisfy the Scholarly Writing Requirement.
Gender & Sexual
Orientation & the Law (2)
This two-unit course explores how the law deals with
differences between women and men, how societal beliefs about gender norms and
sexuality influence the law and vice versa, and how gender and sexual
orientation-related issues affect us in our personal and professional lives. We will critically examine
government regulation of several aspects of life, including sexuality and privacy,
same-sex coupling, gender and parenting rights, expression of sexual
identities, hate violence and criminal “justice,” and sexuality and gender in
the U.S. military. Readings will include court cases, historical
documents, and scholarly essays on gender equality in the United States. Each student will prepare a final research paper instead of
a final exam. This course is offered approximately every other year. There
are no prerequisites for this subject. This course allows the optional production of a paper that will satisfy
the Scholarly Writing Requirement. Enrollment is limited to 15 students.
Income Taxation of Trusts, Estates and Beneficiaries – JD (2) Law-7899
The
federal income taxation of trusts, estates and beneficiaries, including the determination
of taxable income and tax liability, distributable net income, distributions,
income in respect of a decedent and other income tax issues resulting from the
death of a decedent, grantor trusts, foreign trusts and charitable trusts. Prerequisite: Federal Income Tax.
International Law (2) Law-7558
This
is the introductory course in international law, covering the nature and
sources of international law and its major developments. This course introduces
students to the basic law of the international organizational system, including
the United Nations and UN specialized agencies. The course introduces concepts
of international law and how they achieve legitimacy in the international
system through United Nations organizations and conferences, the International
Court of Justice, the International Law Commission, treaty bodies, and state
practice. The law of foreign sovereign immunity and the act of state doctrine
are considered along with the role of international law in the U.S. legal
system and the allocation of foreign affairs powers between the President and
Congress. Selected topics that may be explored include international claims
(including expropriation law), human rights, norms governing the use of force,
and the law of the sea and environmental issues. Students
will have the option to write a substantial paper to satisfy the Scholarly
Writing Requirement in lieu of the final exam. This
course counts for the International Law Emphasis Requirement and the required
Public International Law Class for the Emphasis.
International Trade Law
(3) Law-7556
In this course we will examine the trade commitments that countries have
made under the World Trade Organization (WTO), with emphasis on the
United States' participation. As part of the course, we will discuss
some basic provisions of the central treaty, General
Agreement on Trade and Tariffs (GATT), as well as some specific
agreements, including, briefly, Agreement on Trade-related Intellectual
Property Rights (TRIPs). We will also consider exceptions to trade
commitments, such as environmental and public health
exceptions
Land Use Regulation (3) Law-7626
This
course examines the government regulation of land use and development. It is a
course in applied constitutional, administrative, and property law. The
material covers land use planning, zoning, advanced and flexible zoning
mechanisms, subdivision controls, constitutional and state law constraints on
regulation, the economics and politics of land development, growth controls,
the environmental regulation of land use and ecosystems, and alternatives to
regulation. Students are exposed to business decision making, public problem
solving, regulatory permitting, and social science analyses. This is
a core requirement in the Certificate in Environmental Law, Land Use, and Real
Estate Law.
Legal Analysis Workshop (3) Law-7504
This course will focus on
the analysis and drafting of legal documents commonly prepared during the first
few years of law practice, including memoranda, briefs, declarations, separate
statements in support of motions for
summary judgment/adjudication, discovery plans, and written discovery. The course will also focus on the
identification of client issues and the use of case precedent to predict the
outcome of client problems. Enrollment
in this course is limited to third and fourth year students and is by
application only. Applications must be
submitted to the Director of Bar Services, Professor Mario Mainero, at mmainero@chapman.edu by November 11,
2012. Note: any student entering
their final year of law study ranked in the bottom 25% of their class MUST take
Legal Analysis Workshop (AND Selected Topics in American Law) in order to
graduate. Because of the helpful and important nature of these courses, all
students in the bottom 50% are strongly encouraged to enroll even if it is not
required. However, first priority for
enrollment in these courses will be given to those students who are required to
take them.
Legal & Business
Affairs in Hollywood (3) Law-7352
An overview of the
primary areas of practice in which a lawyer and/or business affairs executive
engage at a typical Hollywood studio throughout all phases of development,
production, marketing and distribution of theatrical motion pictures. Emphasis will be placed on the business
aspects in each of these areas and the economics of the various revenues
streams exploited in such distribution.
Deal structures will be taught for the customary transactions entered
into for both “in-house” productions as well as films financed and/or produced
by third parties but distributed by the studio (i.e. acquisitions, negative
pick-ups, co-productions, split rights arrangements, etc.) as well as studio
deals with financial partners to lay off economic risk. The course will
conclude with an exercise in which the students will select a motion picture
slate made up of various genres, cast and deal models they will select based
upon the project elements of actual (but anonymous) Hollywood studio
productions. The success of those slates
will then be projected as revealed by the actual performance of the movies from
which those elements were taken.
Legal Writing Skills (3) Law-7575
This course is designed to
develop legal writing skills needed for success in law school, on the bar
examination, and in practice. Among
others, the course will review and develop skills needed to prepare case briefs,
answers to law school essay exam questions, bar examination performance tests,
internal memoranda, briefs, and client letters.
Note: Any students who received a
grade below 2.0 in Legal Research and Writing I and/or Legal Research and
Writing II or if recommended by the LRW professors must take this course as a
condition of graduation. In addition,
students who are required to take this course must do so during their second
year of study. Prior approval must be
obtained for all other students seeking to enroll in this class. Priority is given to students who are
required to take this course.
Mediation (3) Law-7581
This course focuses on different
theories and approaches to mediation. Mediation is gaining in importance as a
mechanism for parties to heal differences without the expense and trauma of
litigation. The competent practitioner should understand how mediation works
and how to represent clients effectively in a mediation setting. Students in
this course have an opportunity to function as both advocates and mediators,
using a variety of techniques to resolve disputes. The course grade is based
primarily on papers assigned by the instructor. This course will satisfy the Lawyering Skills Requirement.
Mediation Clinic (3)
Law-7330
The Mediation Clinic is designed to
enable students who have completed the Mediation course, or an equivalent
course, to use and develop their skills as mediators through frequent and
regular practice with actual parties under the supervision of experienced
mediators.
While working in the Mediation Clinic students have an opportunity to
work with real litigants who have filed small claims, civil harassment and
limited civil cases.
The types of conflicts addressed include, but are not limited to:
Neighbor/Neighbor, Landlord/Tenant, Consumer/Merchant, Business/Business,
Organizational, Family/Domestic, Personal Injury and Workplace. The students also
interact with practicing attorneys, judges and other court officers. The Mediation Clinic requires students
to serve as mediators in court and to attend class each Monday morning. Students will be graded on full participation
in the Mediation Clinic including, weekly journal assignments, regular court
attendance, class participation and willingness to mediate. This course
will satisfy the Lawyering Skills Requirement.
Mergers and Acquisitions
(3) Law-7580
This course will operate largely as an
interactive seminar, built around “hands on” negotiating and drafting
experience in a hypothetical merger and acquisition transaction. The first part of the course will cover
various topics that are important to M&A transactions, including directors’
duties, shareholder voting and dissenters’ rights, Federal securities laws,
income taxation and accounting, valuation, and trade regulation. Then the
course will analyze the primary forms of acquisition (merger, sale of assets,
sale of stock), and the basic differences between M&A transactions
involving public and private corporations.
The remainder of the course will focus upon the M&A case studies,
including extensive participation, in teams of “buyers” and “sellers”, in the
negotiating and drafting process in a typical M&A transaction.
Negotiating
& Drafting Media Industry Transactions (3) Law-7830
This course provides a detailed review and
analysis of the contracts involved in the making of a feature film and other
media. Students will have hands-on experience with contracts from the inception
of an idea to acquiring rights and hiring writers, directors and actors. The attorney’s role
throughout the process of creating media will be
examined. Students draft and negotiate contracts, draft client
correspondence, and create client files. The skills learned in this course are
applicable to drafting and negotiating transactions in many areas of law. This course may satisfy the Practice Oriented Writing
Requirement OR the Lawyering Skills Requirement; one course cannot satisfy both
requirements. Note: one course cannot satisfy more than one requirement at the
same time. This course may be applied
toward the Entertainment Law Certificate.
Negotiations (3) Law-7816
Practice preparing for and conducting legal
negotiations. Discussion of negotiations
theory, strategy, communications skills, and ethical issues. Students negotiate several different types of
situations, both transactional and in anticipation of litigation. Students research the problems to be
negotiated, and prepare various written products, which may include drafting a
contract, evaluations of each negotiation, and/or a final analytical paper discussing some
aspect of the negotiations process. This is a core requirement in the Certificate in
Advocacy and Dispute Resolution. This
course will satisfy the Lawyering Skills requirement.
Patents
and Trade Secrets (2) Law-7815
This course offers an in-depth exploration of the role
of patents as valuable assets to businesses and individuals and the purpose and
function of patent claims. Standards for patentability and patent
infringement are studied, as well as the intersection of patents and trade
secrets. The course requires completion of a few practical exercises such
as patent searching, claim drafting, preparing a patentability opinion, a
student invention and the preparation of a provisional patent application.
Professional Responsibility (2) Law-7139 California
Bar Tested (MPRE)
This
course examines the law governing the practice of law. Students will focus on
the ABA Model Rules of Professional Conduct and the ABA Model Code of Judicial
Conduct (from which most states adopt their own rules) and study ethics
problems, cases, professional responsibility opinions, and other
readings. Topics include judicial ethics, litigation ethics, pro bono
obligations, the attorney-client privilege, conflicts of interests, solicitation
of clients and lawyer advertizing. This course also explores when lawyers must
either subordinate their own moral judgment to that of their clients or
whistle-blow and violate what would otherwise be protected client confidences.
Qualified Pension and Profit
Sharing – JD (2) Law-7882
An examination of the federal income tax rules and related
labor law rules for qualified pension, profit-sharing, employee stock ownership
(ESOP) and stock bonus plans and their participants and beneficiaries,
including reporting and disclosure requirements, preemption, coverage and
participation requirements, vesting rules, limitations on benefits and
contributions, the taxation of distributions, minimum distribution rules,
limits on participant loans, fiduciary responsibilities, and prohibited
transactions. Prerequisite:
Federal Income Taxation.
Recommended: Advanced Federal Income Taxation.
Remedies (3) Law-7328 California Bar Tested
This course presents students with an analysis of the
judicial remedies available in the American system of jurisprudence. The course
is designed to familiarize students with the principles of the law of damages,
the law of restitution, and equity and equitable remedies
Securities Regulation (3)
Law-7606
This course covers the federal regulation of the
distribution and sale of stocks and other securities as a means of financing
business operations. Students will
closely examine the Securities Act of 1933 and the Securities Exchange Act of
1934. The course will explore such
topics as the definition and nature of securities; the registration and sale of
securities to investors; exemptions from registration for public and private
offerings; the philosophy of mandatory disclosure rules; the work of the
Securities and Exchange Commission; the role of underwriters; civil and
criminal liability of corporate issuers, directors, and officers for fraud and
manipulation of securities markets; the regulation of brokers and dealers; and
the unique professional responsibilities of attorneys who practice in the
securities field. It is recommended that students successfully complete
Corporations prior to this course.
Selected Topics in American Law (3)
Law-7636
This
is a skills-development course that provides students with an intensive
substantive review of selected legal material routinely tested on the bar exam
and relevant to law practice, including contracts, torts, civil procedure,
criminal law and procedure, real property, evidence, corporations,
constitutional law, professional responsibility, wills and trusts, community
property, and remedies. Through the use
of problems and exercises in a bar exam format, students will become familiar
with the techniques for analyzing, organizing, and writing essay questions
based on California law. This is not a
substitute for a bar review course, but a course on how to write good legal
analysis in a particular area in a short window of time. Note: any student entering their
final year of law study ranked in the bottom 25% of their class MUST take
Selected Topics in American Law (AND Legal Analysis Workshop) in order to
graduate. Because of the helpful and important nature of these courses, all
students in the bottom 50% are strongly encouraged to enroll even if it is not
required. Enrollment is limited to third
and fourth year law students.
Sports
Law (3) Law-7829
This
course will cover selected legal issues in amateur and professional sports
including player draft and option systems; labor and employment relations in
professional sports; eligibility and discipline issues; agents and player
representation; inter-league disputes; buying and moving teams; sex
discrimination in sports; and Olympic competition.
State & Local
Taxation - JD (2) Law-7900
A survey of state and local taxation
issues, including income, sales/use, property and so-called corporate franchise
taxes; constitutional limits on state and local taxation with respect to
uniformity, equality and interstate commerce; assessment and collection
procedures; and taxpayer remedies. Prerequisite: Federal Income Tax.
Tax Exempt Organizations - JD
(2) Law-7901
An examination of the federal income
tax aspects of forming, operating and terminating tax exempt organizations,
including the qualification rules, the unrelated business income tax, the restrictions
with respect to private inurement, lobbying and political activities, and the
private foundation rules. Prerequisite:
Federal Income Tax.
Taxation of Business Organizations - JD (3)
Law-7608
Problems in the taxation of subchapter K partnerships,
subchapter C corporations, and subchapter S corporations are covered by this
course. Topics pertaining to partnership
taxation include the formation, operation, and termination of general and
limited partnerships. Class discussion
is held concerning the definition of the partnership and the possible treatment
of a partnership and the possible treatment of a partnership as an
association. Topics pertaining to
corporate taxation include tax treatment of a corporation and a corporate
shareholder with respect to corporate formation; organization and property
transfers, dividends and distributed income; accumulated earnings and
undistributed income; non-liquidating corporate distributions; collapsible
corporations; personal holding companies; and sale or liquidation of a
corporation. This course is a core requirement for the Certificate
in Taxation. This course is also a
prerequisite for JD students who wish to enroll in Corporate Stock & Asset
Acquisitions and Dispositions.
Trial Practice (3) Law-7617
This is a practical skills course in advocacy which
introduces students to the fundamental components of a typical civil and
criminal trial. It requires students to
perform exercises involving each component, and try a mock civil or criminal
case from provided problem materials.
The course requires student participation in discrete exercises,
including jury voir dire, opening and closing statements, and direct and
cross-examination. Prerequisite: successful completion of Evidence. This course will satisfy the Lawyering Skills
requirement. This is
a core requirement in the Certificate in Advocacy and Dispute Resolution.
Trial Practice with Judge
Rogan - Must attend the first class meeting or you will be dropped from the
course. Additionally, if you are late
for the first class, you will be replaced with the first name on the wait list,
and your name will be added to the end of the wait list.
United States Tax Court
Clinic (3) Law-7890
Under a special IRS and Tax Court rules of
practice, students in this clinical education course are permitted to handle
actual cases on a wide variety of tax issues at various stages of exam, appeal,
court and collections. Under supervision of Attorney-Professors, students are
responsible for all aspects of their cases including meeting with clients,
gathering facts and evidence, researching applicable laws, and meeting with the
IRS to discuss case in an effort to negotiate a favorable outcome. If the case
is for trial, the student normally represents the client in court and completes
all post trial work. This course is an elective option for the
Certificate in Taxation. This course
will satisfy the Lawyering Skills requirement. Prerequisite: Federal Income
Tax. (Recommended: Advanced Federal
Income Tax, Taxation of Business Organizations.)
U. S. Taxation of
International Income (3) Law-7880
An
introduction to the U.S. taxation of international transactions, with
consideration of policy and jurisdictional issues involved in the U.S.
international tax laws and the U.S. tax treaty network. Topics covered will include source of income
rules, taxation of foreign persons with passive U.S. investments, taxation of
foreign persons operating a U.S. trade or business, taxation of foreign-owned
U.S. real property interests, and the branch profits tax, including the effect
of U.S. tax treaties on such “inbound” transactions. A briefer discussion of the taxation of
“outbound” transactions (foreign activities of U.S. persons), also exploring
the effect of U.S. tax treaties, will introduce topics such as the U.S.
taxation of worldwide income of U.S. citizens and residents, the foreign tax
credit, tax provisions related to U.S. exports, transfer pricing, taxation of
expatriates, and tax aspects of the exploitation of intangible property rights
abroad. Prerequisite: Federal Income
Tax. Recommended: Prior completion of
Taxation of Business Organizations.
Wills and Trusts (3) Law-7334 California Bar Tested
This course examines rules pertaining to
intestate succession; testamentary dispositions; execution, modification, and
revocation of wills, testamentary capacity and will contests; interpretation of
wills; protection of spouse and children; and the use of will substitutes. The creation, types, and characteristics of
trusts are also examined, including coverage of the construction of trusts,
trust administration, and wealth transfer taxation.
Subject to approval prior to registration by the
faculty advisor, academic credit is awarded as follows: 1) staff members may
each receive up to two units of academic credit per semester for a total of
eight units; and, 2) editors may each receive up to three units of academic
credit per semester of participation in their final year of law school which,
together with credits received as a staff member, may not exceed ten units.
Each
Staff Editor [2L's] may enroll in Directed Research in the fall for up to three
(3) units. Each Staff Editor shall receive one (1) to two (2) units of academic
credits in the spring due to participation on Law Review, not to exceed four
(4) total units for the academic year.
The Business Development Editor, Production
Editor, Submissions Editor [3L's or 4L's], and each third or fourth year Editor
who is not on the Executive Board, may receive up to two (2) credits per
semester. Each of the aforementioned,
upon application to the EIC, for good cause may petition the Law Reviews
Faculty Advisors for one (1) additional credit per semester for a highly
exceptional performance.
It is expected that the EIC, Managing Editor,
four Senior Articles Editors, two Seniors Notes & Comments Editors, and the
Senior Symposium Editor [3L's or 4L's], upon satisfactory performance of their
duties, may apply for and receive up to three (3) credits per semester. Each of the aforementioned, for good cause,
may petition the Law Review’s Faculty Advisors for one (1) additional credit
per semester for a highly exceptional performance.