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UC Davis 2008-2010 General Catalog - General Catalog - UC Davis

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350 Law, School of<br />

Purpose is to give you background necessary for<br />

understanding and advising clients and for understanding<br />

other business-related law courses.<br />

269C. Corporate Finance (3)<br />

Discussion—3 hours. How corporations raise<br />

money, i.e., stocks and bonds, IPOs, how deals are<br />

structured (or restructured, under Chapter 11 of the<br />

Bankruptcy Code). Intended for those who intend to<br />

practice in a firm where clients raise money in securities<br />

markets or invest in deals.<br />

270. International Business Transactions (2)<br />

Discussion—2 hours. Select legal problems arising<br />

from international business transactions. Topics<br />

include the international sales contract, letters of<br />

credit, transfers of technology, regulation of bribery,<br />

development of joint ventures, repatriation of profits,<br />

and foreign exchange problems.<br />

270S. Special Session International<br />

Business Transactions (2)<br />

Discussion—2 hours. A consideration of select legal<br />

problems arising from international business transactions.<br />

Topics include the international sales contract,<br />

letters of credit, transfers of technology, regulation of<br />

bribery, repatriation of profits, and national efforts to<br />

control imports.<br />

271. Nonprofit Organizations (4)<br />

Discussion—4 hours. Prerequisite: course 215 or<br />

consent of instructor. The legal rules and concepts<br />

applicable to nonprofit organizations. Limited enrollment.<br />

271A. Nonprofit Organizations: State and<br />

Local Governance Issues (2)<br />

Discussion—2 hours. Prerequisite: course 215 (may<br />

be taken concurrently) or consent of instructor. State<br />

and local laws applicable to nonprofit organizations,<br />

i.e., public interest, cultural, religious, educational,<br />

and other not-for-profit entities. Federal tax<br />

exemptions of nonprofits, state and local laws<br />

impacting nonprofits with respect to incorporation or<br />

charitable trust formation, operation and governance,<br />

dissolution, fiduciary obligations of trustees<br />

and officers and directors, management and investment<br />

obligations vis-à-vis trust assets, cy pres, rights<br />

of members of social clubs, trade associations and<br />

labor unions, enforcement of obligations and rights<br />

by the attorney general and others, and regulation<br />

of charitable solicitation. Topics may include local<br />

property tax and other tax exemptions, nonprofit<br />

accounting issues public/private partnerships and<br />

Federal antitrust and constitutional constraints.<br />

271B. Nonprofit Organizations: Tax<br />

Exemptions and Taxation Focus (2)<br />

Discussion—2 hours. Prerequisite: course 215 or<br />

consent of instructor; course 220 recommended.<br />

Conceptual basis and substantive law criteria for the<br />

federal and state income tax exemption of nonprofit<br />

organizations and those particular circumstances<br />

and activities which will result in income taxation or<br />

financial sanction, including qualifications for<br />

exempt status, the nondistribution constraint, the<br />

inurement and private benefit concepts, limitations<br />

on campaign activities, permissible lobbying expenditures,<br />

the unrelated business income tax, the<br />

deduction for charitable contributions, intermediate<br />

sanctions, the differences between private foundations<br />

and public charities, special excise taxes, the<br />

exemption application process and reporting and<br />

disclosure requirements. Topics may include nonprofit<br />

accounting issues, local property tax and other<br />

local tax exemptions, and public/private partnerships.<br />

272. Family Law (3)<br />

Discussion—3 hours. An introduction to the legal<br />

regulation of the family.<br />

272B. Elder Law (2)<br />

Discussion—2 hours. The legal practice and policy<br />

relating to aging individuals and an older society.<br />

Examination of the roots of legal ethics and the role<br />

of the lawyer as professional problem solver and<br />

advisor, and the uses of law in relationships between<br />

people over life’s course. The traditional divisions of<br />

tort, contract and property and examination of<br />

issues such as age discrimination in employment, eligibility<br />

for public benefits, long-term care, housing<br />

options of the elderly, health care, guardianship,<br />

health care decision making for the incapacitated<br />

client, disability law issues, property management,<br />

euthanasia, elder abuse, neglect and crime, generational<br />

justice, the conflicting values of autonomy versus<br />

protections, and a host of other matters. Studentled<br />

discussions of interdisciplinary assigned readings<br />

and guest lecturers.<br />

273N. Advanced Torts (3)<br />

Discussion—3 hours. Torts not covered in the firstyear<br />

torts course. Defamation, privacy, misrepresentation,<br />

misuse of legal procedure, and business torts.<br />

Nuisance and related environmental torts. The intersection<br />

between statutory remedies and common<br />

law torts.<br />

274. Intellectual Property (3)<br />

Discussion—3 hours. Provides a broad survey of<br />

intellectual property law.<br />

274A. International Intellectual Property (2)<br />

Discussion—2 hours. Prerequisite: course 274 or<br />

296 or 209A or consent of instructor. International<br />

aspects of copyright, patent and trademark law,<br />

including a look at basic international instruments<br />

such as the Paris Convention, the Berne Convention,<br />

and Trade Related Aspects of Intellectual Property<br />

Rights of the World Trade Organization. Topics<br />

include approaches to patent protection for pharmaceuticals<br />

and agricultural products in developing<br />

nations, and copyright protection in a digital world.<br />

274AS. Summer Session Intellectual<br />

Property (2)<br />

Discussion—2 hours This course provides a broad<br />

survey of the field of intellectual property. Areas covered<br />

will include trademarks, patents, trade secrets,<br />

idea protection, unfair competition, and copyright.<br />

274C. Intellectual Property in Cyberspace<br />

Seminar (2)<br />

Seminar—2 hours. Prerequisite: course 274. The<br />

recent expansion of IP laws emerging to meet the<br />

growth of Internet and digital technologies that<br />

enhance human abilities to access, copy, store,<br />

manipulate, and transmit vast amounts of information.<br />

274D. Intellectual Property in Historical<br />

Context Seminar (2)<br />

Seminar—2 hours. How the legal system has<br />

adapted to earlier periods of rapid change by creating,<br />

delimiting, and expanding intellectual property<br />

rights (IPRs). Required paper satisfies advanced writing<br />

requirement.<br />

275. Complex Litigation (2)<br />

Discussion—2 hours. Issues that frequently arise in<br />

large complex litigation involving multiple parties<br />

and multiple claims.<br />

276. Juvenile Justice Seminar (2)<br />

Seminar—2 hours. Legal and philosophical bases of<br />

a separate juvenile justice process for crimes committed<br />

by minors; police investigation, apprehension,<br />

and diversion; probation intake and detention; juvenile<br />

court hearing and disposition; juvenile corrections.<br />

The role of counsel at each phase of the<br />

process is examined.<br />

277. Native American Law (2)<br />

Seminar—2 hours. Legal relations between Native<br />

American tribes and the federal and state governments.<br />

Topics include the basic jurisdictional conflicts,<br />

which dominate this area of law and cover<br />

specific areas such as land rights, hunting and fishing<br />

rights, water rights, domestic relations law, and<br />

environmental protection. Religious freedom, repatriation.<br />

Issues regarding terminated and non-recognized<br />

tribes are also addressed.<br />

277T. Indian Gaming Law Seminar (2)<br />

Seminar—2 hours. Examines unique historical, political<br />

and legal context in which Indian tribes operate<br />

casinos, including impacts on tribal sovereignty, relations<br />

between tribes, states and local governments<br />

and changing relationships among the tribes themselves<br />

members, with particular reference to experience<br />

of California.<br />

278. Pretrial Skills (2)<br />

Discussion—2 hours. This course uses role-playing<br />

exercises, videotaped simulations, and related projects<br />

to introduce students to lawyering skills basic to<br />

the practice of law, including client interviewing, witness<br />

interviewing and discovery, including depositions.<br />

Limited enrollment.<br />

279. Public Sector Labor Law (2)<br />

Seminar—2 hours. Prerequisite: course 251 or consent<br />

of instructor. Application of private sector labor<br />

law doctrines to the public sector. Emphasis on the<br />

four California public sector statutes and the impact<br />

of constitutional law on public employees. Class presentation<br />

and seminar paper required. Satisfies<br />

advanced writing requirement. Limited enrollment.<br />

280. Advanced Legal Writing Seminar (2)<br />

Seminar—2 hours. How to write a variety of legal<br />

documents in plain English. Writing exercises and<br />

outside readings will be assigned weekly. Each student<br />

completes an individual writing project in lieu<br />

of final examination. The writing project will satisfy<br />

the law school’s advanced legal writing requirements.<br />

Limited enrollment. (S/U grading only.)<br />

281. Local Government Law (3)<br />

Discussion—2 hours. Explores the structure of state<br />

and local government through the lens of the virtues<br />

and flaws of the ideas of Madison and DeToqueville,<br />

i.e., centralized federal government vs. decentralized<br />

local government.<br />

282. Energy Law Seminar (2)<br />

Seminar—2 hours. The history, law, and public policy<br />

of energy regulation in the United States with an<br />

emphasis on economic and environmental regulation.<br />

Competitive restructuring of the natural gas and<br />

electric utility industries emphasized. The basic regulatory<br />

schemes for other energy sources such as<br />

hydroelectric power, coal, oil, and nuclear power<br />

explored. Recommended to anyone who has an<br />

interest in the energy sector, various models of economic<br />

regulation, or regulated industries.<br />

283. Remedies (3)<br />

Discussion—2 hours. Survey of modern American<br />

civil remedies law in both private and public law<br />

contexts. Topics addressed include equitable remedies,<br />

equitable defenses, contempt power, injunctive<br />

relief, restitution, and money damages in torts and<br />

contracts.<br />

284. Law and Economics (3)<br />

Discussion—3 hours. Introduces students to the economic<br />

analysis of law. We will explore several economic<br />

methods and concepts, including rational<br />

choice theory, behavioral economics, and utilitarianism.<br />

We will apply these tools to illuminate and critique<br />

familiar areas of law, including property,<br />

contracts, torts, criminal law, and civil procedure.<br />

Prior study of economics is not required.<br />

284A. Law and Economic Development (2)<br />

Discussion—2 hours. The relationship between law<br />

and economic development in transition economies.<br />

Western assumptions about whether the role of law<br />

and legal institutions in economic development hold<br />

true for the non-Western developing nations of Asia<br />

and Africa.<br />

285. Environmental Law (3)<br />

Discussion—4 hours. An introduction to federal and<br />

state environmental law, including coverage of historical<br />

development of environmental law; the role of<br />

courts, the legislature and the executive branch in<br />

the development and implementation of environmental<br />

policy; allocation of authority among different levels<br />

of government; the role of market forces in<br />

environmental decisions; the major regulatory strategies<br />

that have been applied to control environmental<br />

harm, and enforcement of environmental law. Major<br />

statutes considered include the National Environmental<br />

Policy Act, Endangered Species Act, Clean Air<br />

Act and Clean Water Act.<br />

285B. Environmental Practice (3)<br />

Discussion––3 hours. Prerequisite: course 285 recommended.<br />

Examines underlying theory and practice<br />

in securing compliance with our major<br />

environmental laws.<br />

Quarter Offered: I=Fall, II=Winter, III=Spring, IV=Summer; 2009-<strong>2010</strong> offering in parentheses<br />

<strong>General</strong> Education (GE) credit: ArtHum=Arts and Humanities; SciEng=Science and Engineering; SocSci=Social Sciences; Div=Social-Cultural Diversity; Wrt=Writing Experience

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