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