Survey of basic generally accepted accounting principles ("GAAP") in the context of corporate business transactions, partnership formations and dissolutions, family law matters and public company reporting. How to read a financial statement in the context of a business formation, acquisition or sale; a divorce settlement; and litigation. Overview of the relationship of lawyers and accountants in a mutual client engagement. Not open to law students who have an extensive background in accounting or accounting courses. Approved IP LL.M. course.

Examines selected topics in copyright law in greater depth. Anticipated topics include the application of copyright law to computer software and the Internet, third-party liability for copyright infringement, restoration of copyright in works of foreign origin, and international copyright protection. Prerequisite: 385 Copyright Law. Approved IP LL.M. course. 

Course will be a natural progression for students after they obtain the basics of immigration law. Provides students with a more sophisticated look at the issues raised in the basic course by covering such topics as immigration law and gender issues. Some prior basic knowledge of immigration law is encouraged but not required.

Specific, most important, and acute problems of international law: issues recently on the program of the United Nations International Law Commission; recent cases of the International Court of Justice or other courts and tribunals; most important issues discussed by the doctrine; practical issues of international law. Issues include customary rule of international law; general principles of law; responsibility of states for internationally wrongful acts; reservations to treaties; international liability for injurious consequences arising out of acts not prohibited by international law; unilateral acts of states; diplomatic protection; question of the protection and inviolability of diplomatic agents and other persons entitled to special protection under international law; legality of nuclear weapons; use of force in international relations (Kosovo, Afghanistan); issues relating to international terrorism; status of combatants; status of detainees in international armed conflict, and their protection in the course of criminal proceedings. Intellectual property international issues could be also included among the subjects for discussion. Basic knowledge of international law required. 215 International Law recommended.

This course is designed to teach "real world" legal research skills that will prepare students for the kinds of research challenges that they will encounter in legal practice.  Assignments and lectures will emphasize cost-efficient research strategies, legal technology and current awareness resources for attorneys, and Internet research.

A hands-on course for those planning on specializing in intellectual property practice. Electronic research networks and use of proprietary publications will be featured. Approved IP LL.M. course. Graded credit/no credit. 

Credit/No Credit. This course will familiarize students with primary and secondary sources in international law, primarily treaty research and the documents of international organizations and tribunals. It will also introduce students to researching the law of selected jurisdictions outside of the United States.

This is the third semester of Santa Clara's required Legal Analysis, Research, and Writing program and builds upon the legal analysis, research, and writing skills taught during the first year. Students are presented with the record of a case on appeal and represent one of the parties. Students identify the legal issues in the case and research those issues, then write successive drafts of an appellate brief on behalf of their client and present oral argument in a courtroom setting. Students receive detailed written comments on their work. Required during the second year. Beginning in Summer 2008, this course will be offered for a grade.

This course is a survey of various dispute resolution alternatives to the traditional trial process. The focus is on arbitration, negotiation, and mediation. Among the objectives for this course are that each student gain familiarity with these processes, with certain skills that might prove helpful in negotiating or mediating the resolution of a dispute, and with certain factors that might be relevant in selecting the most appropriate method or methods of dispute resolution for a client. The arbitration section of the course generally follows a traditional, case-dominated approach. During the negotiation and mediation sections of the course, students have the opportunity to participate in several mock negotiation and mediation exercises that are designed to enhance understanding of the assigned readings. Students also view and critique videotaped portions of one or more negotiations and mediations. The class utilizes extensive group discussion. Finally, each student is required to submit a paper on a topic of her or his choice relating to ADR and is required to present the paper to the class.

Surveys the law's treatment of animals by looking at the development of federal and state policies towards wild, domestic, and companion animals. Specific topics may include the history of animal law, the concept of animals as property, the application of tort and remedies law to injuries to pets, protection of animals by cruelty and other laws, the role and regulation of animals as food and the regulation of animals used for research. The course will incorporate legal concepts from other fields; encourage critical thought and new approaches to doctrines developed in these other fields, and address a broadened integration of the realities of animals and society with the particularities of the law.

Legislative limits on free market transactions. This survey course covers restraints of trade such as price-fixing, market division, exclusive dealing and tying, monopolization, and mergers. A rudimentary knowledge of economic theory is required to understand court decisions, but many students master the few necessary economic principles during the course despite a lack of prior work in economics. Approved IP LL.M. course. 

This course explores scientific, political, regulatory and constitutional issues associated with assisted reproduction, cloning and genetic engineering. Technologies include: artificial insemination, in vitro fertilization, and donor eggs and sperm; human cloning, both reproductive and stem cell research; and genetic engineering accomplished through preimplantation genetic diagnosis and gene transfer. Topics include: a critical analysis of the public policy debates surrounding these technologies; laws and regulations that attempt to limit or ban the use of these technologies; equal protection for human clones; procreative, scientific and therapeutic liberties under the Constitution; and genetic engineering as an aspect of a parent’s right to rear his or her child. Approved IP LLM course.

This seminar investigates legal, ethical, and social problems caused by developments in medicine and the biological sciences.  Particular emphasis is placed on moral reasoning and ethical theory.  Topics include abortion, reproductive technologies, human stem cell research, death and dying, and reform of the American health care system. 

This course will introduce you to the issues encountered when starting up a biotech company and afterwards.  The course examines a variety of legal topics related to the biotechnology industry, such as the initial financing, the regulatory environment, intellectual property, licensing, antitrust and practical uses of biotechnology. Approved IP LL.M. course. 

The Broadband Regulatory Clinic provides students with the hands on experience of providing research, writing and filing policy comments on behalf of clients seeking representation in hearings before the California Public Utilities Commission (CPUC) and/or the Federal Communications Commission (FCC). Over the duration of the one semester clinic, students will interface with community-based, education, traditional civil rights, municipal and/or small business organizations to address timely cutting edge broadband regulatory issues before state or federal legislative and/or regulatory bodies. Alternatively, in some semesters, students, as clinic fellows, will have the opportunity to file comments on a state or federal policy issue (ex. net neutrality) or participate as an amicus in an appeal from an agency decision as the collective clinic. As part of the preparation for drafting and filing comments or briefs, teams of students will be required to research and write a substantive memo on a topic agreed upon by the students and the professor that is critical to the regulatory filing. Enrollment will be limited. *Given the nature of research to be undertaken, students need not have taken Mass Communications I or Mass Communications II for purposes of placement in the clinic. Approved IP LL.M. course.  

This is a practical class that merges the "lawyer as legal counsel" with the " lawyer as business advisor."  Exploration of the basic legal issues involved in the life of a business enterprise (e.g. formation, financing and exit strategies), and application to real life situations.  Prerequisites: 248 Business Organizations.  270 Federal Income Tax is extremely helpful, but not required. 

Survey of recent Chinese economic legislation with special emphasis on foreign trade and investment. Study of various legislative and practical considerations involved with doing business with China. Consideration of issues such as how specific legislation assists Chinese economic development and how these laws and regulations have an impact on foreign businesses.

New course description starting this Fall 10.Students learn about the functioning of lawyers through practical experience in law offices, governmental entities, nonprofit corporations, or high-tech companies. Students work under the direct supervision of a California licensed lawyer. Students can earn 1 unit for every 50 hours of approved work, to a maximum of 5 units. The Externship includes observation of/or participation in several of the following activities: interviewing and counseling; fact and law investigation and organization; resolution of client problems in non-adversarial contexts (e.g., drafting contracts, tax advice, estate planning); resolution of client problems in an adversarial context (e.g., negotiation, court appearances in various proceedings, drafting of litigation documents); internal office affairs (e.g., file management, client communications, office policy and procedure). Students must concurrently register for and successfully complete the Externship Seminar: Civil Practice (705). Course credit will be awarded only on satisfactory completion of both the fieldwork and the seminar. Graded Credit/No Credit. Prerequisite: Civil Procedure (114). If High Tech in nature, this course will count towards the High Tech Certificate. Certificate(s): High Tech Law , Public Interest and Social Justice Law Certificate (List A)

This course provides an overview of the major themes in the contemporary uses of the world's oceans and coastal regions and the legal institutions that govern such uses at the state, national and international levels. Topics covered include: legal mechanisms for delimitation of marine boundaries and jurisdiction; common law and major acts protecting coastal zones and natural resources in the United States. International regimes to protect marine habitats and critical ecosystems, fisheries and marine mammal conservation regimes.

Community Economic Development (CED) is a broad-based strategy designed to help communities redress identified economic and social needs. The goals of CED include: (1) the development of business and economic institutions which increase the income of community residents; (2) the provision of more and better economic opportunities both inside and outside the community; (3) the participation in ownership and management of economic and social institutions by the residents of communities in which they are located; and (4) the development of economic and social institutions which the community residents can view with pride and which will be responsive to their real needs. This course will explore the history and present status of CED strategies, focusing on the role of lawyers, economist, planners, social scientist, and others in using CED strategies to improve the economic and social conditions of communities throughout America. Subject areas to be covered include: community based organizations and tax issues; representing nonprofit organizations; housing and commercial development strategies and CED; job creation/access strategies and CED; finance strategies and CED; Asset Development and Wealth Building, and CED remedies in litigation. Students will have an opportunity to hear from Bay Area experts and practitioners working on these and other CED strategies, as well as from community based organization representatives who are improving their communities by providing housing, jobs, and social services to the neighborhoods in which they work.

Course covers Enforcing Morality Legal Paternalism, Omissions, Intention and Knowledge, Recklessness and Negligence, Strict and Absolute Liability, Duress and Necessity, Theories of Punishment. The comparative aspect comes from the way in which we shall see how English and American cases and writers deal with the same problem in the Criminal Law.

This interdisciplinary policy course addresses selected issues in some government benefit programs,  such as agricultural subsidies, Social Security, parental leave, and Medicare.  To enlighten and enrich the discussions of the policy implications of these programs and proposed revisions of them,  students will compare them to programs in foreign countries.  This course may be of special interest to Public Interest and International Certificate students.  Students will write a final paper and make interim policy reports. 

Examination of the history, structure, and institutions of civil law, common law, and socialist legal traditions. Although several class meetings and individual research examine substantive law, emphasis is on study of legal systems and traditions. Primary focus is private law (the equivalent of common law system's civil obligation) and some comparative constitutional law and criminal procedure.

The Santa Clara Computer and High Technology Law Journal focuses on one of the newest areas of law. The Journal provides a practical resource for both the high tech industry and the corresponding legal community. Topics covered include: intellectual property (patent, trademark, copyright, and trade secret); technology licensing; contract and tort liability for technology failures; employer/employee relations; unfair competition; venture capital and other financing; computer crime and privacy; biotechnology; and hazardous waste management.

All upper-division law students are eligible to participate in the publication of the Journal. Eligibility for the Board of Editors requires completion of assignments as an Associate. Associate duties include 65 hours of articles, editing and the submission of publishable content. Upon completion of a publishable comment, Associates meeting the minimum GPA requirement of 3.0 are eligible to interview for Editor positions. Editors serve a one-year term requiring a 300-hour commitment. For more information about becoming an Associate or Editor go to www.scu.edu/techlaw or email CHTLJ@scu.edu. Graded credit/no credit only. (1-4 units) 

Study of the problems that arise when the domiciles of the parties or other significant facts concerning a controversy are connected with states other than the state in which litigation occurs. Problems of jurisdiction of courts, choice of law, the effect of foreign judgments, and constitutional limitations.

Faculty members rotate teaching this unique seminar which gives students a chance to explore with faculty contemporary, cutting-edge issues in international law. Course may require a paper, an exam, or both.

In-depth examination of the current status of copyright doctrines under the 1976 Copyright Act. Consideration of principles historically developed under the common law and the 1909 act. Emphasis on the traditional realms of copyright: literary, musical, and artistic works. Exploration of recent copyright developments in computers, video recording, internet and other modern technologies. Approved IP LL.M. course. Prerequisite: IP Survey (388)

Designed to provide an in-depth examination of how to litigate criminal cases in California for those pursuing a career in criminal defense or prosecution. Examining a criminal case beginning with an accused's right to representation at a lineup and ending with counsel's post trial responsibilities, course highlights special problems concerning admissibility of evidence, search and seizure issues, prosecutorial and judicial misconduct, ineffective assistance of counsel, jury selection, the death penalty, and the impact of the "Three Strikes You're Out" law. Each student is required to prepare and participate in a series of trial problems and research, write, and argue two motions. Prerequisites: 106 Criminal Law and 310 Criminal Procedure. 320 Evidence is not a prerequisite but highly recommended.

Critical Race Theory is a race-based, gender-based, society-based critical assessment of the law. In this class, we will learn, then use, the CRT tenets to evaluate Prop 8, Arizona's Immigration Law, Don't Ask Don't Tell as well as historical cases/laws such as Roe v. Wade, Korematsu v. U.S., and the Chinese Exclusion laws. Multiple guest speakers will discuss the role of CRT in 2011 (e.g. Amicus briefs and closing arguments). If you are planning to incorporate advocacy into your legal career, understand how CRT is a necessary element in your toolkit! Participation is class discussion is a major portion of the grade. One paper due last day of finals.

The Death Penalty Clinic provides students with the opportunity to be involved in the defense of a capital case. Each student will be paired with an attorney who represents a person either charged with or convicted of a capital offense. The student will be involved in the preparation of both the guilt phase and the penalty phase including gathering of physical and forensic evidence, preparation of discovery requests and responses, investigation and preparing life histories and mitigating evidence and maintaining regular client contact.

Students in the Death Penalty Clinic must sign up in the spring semester and make a one-year commitment. They must work during the summer as well as during the fall and spring semester. Students earn 3 units of credit in the fall and 2 units in the spring semester (1 unit for each 50 hours of work) for a total of 5 units of Law Clinic credit during the year.

Covers a number of areas largely, but not completely, left uncovered by Labor Law and Employment Discrimination, including: background material on employees' rights under common law, early case law, and why certain rights have developed; hiring methods (tests and screening devices); terms and conditions of employment (wage and hour issues, fringe benefits [ERISA, COBRA], medical leave, etc.); conditions of employment (grooming, sexual harassment, privacy, etc.); workplace safety and health (OSHA, workers' compensation, etc.); wrongful termination (erosion of the at-will doctrine, the covenant of good faith and fair dealing, public policy, ADEA, FEHA, whistle-blower protection, public employee protection, constructive discharge, covenant not to compete, trade secrets issues, etc.); and unemployment and retirement issues (employer bankruptcy, plant closings under WARN, unemployment insurance benefits eligibility, private pensions protection under ERISA and rights to social security pensions). While Employment Discrimination is not a prerequisite, it is helpful.

Upon taking the Lawyer's Oath, a newly admitted attorney faces three significant sets of conflicts. First, there is the conflict between one's persoal morality and one's professional obligations. There are things that lawyers must do for clients that may be personally offesnive. Second, there is the conflict between a lawyer's duty to the client versus duties owed to the court, opposing counsel, and society in general (obligations to justice). Third, there are conflicts between the rules of ethics and a lawyer's zealous advocacy for a client. At minimum, the lawyer must meet the legal standard of reasonable care in order to avoid committing malpractice, and the ethical standard of competence to avoid being disciplined. At the other extreme, a lawyer's zeal is bounded by the laws of evidence, rules of ethics, and codes of civility. This course will focus on the ethical limits of advocacy in a variety of settings, including engaging in negotiatons, responding to discovery, coaching witnesses, offering evidence at trial, and the presentation of opening and closing arguments. In essence, the course focuses on trial tactics and persuasion. The central question will be: "What is the lawyer's commitment to truth?" Social justice issues permeate the materials. Class presentations and a final paper will also be required.

Focuses on the integration of Europe. Includes considerations of comparative federalism, with a focus on separation of powers among community institutions, the principle of "subsidiarity" and the lawmaking and enforcing process. Substantive areas, such as freedom of movement of persons and goods, environmental protection, and the rights of community citizens are also covered. Antitrust not covered. (3 units)

The rules governing what evidence may be placed before the trier of fact. The hearsay rule and its exceptions, rules of privilege, and the numerous rules that have been derived from concepts of relevancy.

A comprehensive introduction to the legal regulation of the family. The course focuses on contemporary legal issues, supplementing case material with historical and social science research and drafting, interviewing, and other exercises that require application of the materials. Coverage includes marriage, non-marital relationships, divorce, custody, support, and the legal issues posed by nontraditional families.

(Formerly Estate Planning and Taxation) A  tax-oriented planning course covering the tax concepts essential to the planning of estates. Includes techniques for transferring wealth during life and death, including federal transfer tax consequences, use of trusts, and planning for family succession. Course also covers some non-tax aspects of estate planning, such as planning for incapacity and probate avoidance.  Essential for any student who expects to be involved in the planning of estates, either as a specialist or as part of a more general practice. Teaching primarily by the problem method with numerous practical applications. Limited enrollment. Prerequisites:  281 Wills and Trusts. (3 units)

The federal income taxation of individuals. The concept of income, exclusions from income, personal and business deductions, sales and exchanges of property, when income is taxable, and to whom it is taxable. A statutory law course based on the provisions of the Internal Revenue Code and judicial and administrative interpretations thereof.

(formerly Federal Taxation of Foreign Income and Foreign Transactions) The class will cover the federal income tax treatment of non-U.S. persons, non-U.S. income of U.S. citizens and residents, and international transactions. We will also discuss international consensus and formal agreements on matters of tax law. We will study the jurisdictional bases for U.S. tax, the source of income and allocation of deductions, different rules applicable to business and non-business income, and the foreign tax credit. We will also consider the U.S. approach to taxing international transactions involving related and unrelated taxpayers, including the problem of transfer pricing and the concept of the controlled foreign corporation. Prerequisite: 270 Federal Personal Income Taxation.

Topics include an overview of the different forms of business entities and their income tax classifications, partnership taxation and corporate taxation. This course replaces 272. Federal Corporate Income Taxation and 279. Partnership Tax. Approved I.P. LL.M. course.

Examination of discrimination and privilege based on sex. The course evaluates the legal doctrines, litigation strategies, and theoretical debates that have resulted as women have sought to emerge from the historic status of legal subordination. All women, since women encompass different races, sexual orientations, classes, and cultural backgrounds, must necessarily be part of this discussion. The subject matter includes the constitutional right to equal protection; sex discrimination in employment and public accommodations; equal access to education; sexual violence, including rape, domestic violence, pornography, and sexual harassment; discrimination and privilege in family law; and reproductive freedom. Limited enrollment. (3 units)

With the dramatic end to the Cold War almost a decade ago, the world's attention has expanded to include concerns centered on politics and national security to the impact of global finance, trade and investment. A new concept has emerged in this period--globalization--which some argue is an accurate way to describe the massive changes underway in the international economy. Others disagree, arguing that the more things change the more they remain the same--that today's issues among nations continue to reflect longstanding differences. The debate is not simply academic but goes to the heart of policy choices being made by millions of people in every region of the globe. The questions raised by globalization are particularly acute for those countries attempting to break away from older state-centered patterns of political and economic organization. From the former Yugoslavia and the former Soviet Union to many of the developing countries of Latin America, the Middle East and Asia efforts are underway to support new ways of doing business that look, on the surface at least, like American-style capitalism. But the legal institutions necessary to make this effort a success are, as yet, immature and underdeveloped. The risks and uncertainties that this process entails are complicated but represent an exiting challenge for legal scholars and policy makers. This seminar will discuss the major points of view in the globalization debate and explore the role that law plays in solving the problems raised by the new era. Each semester we concentrate on one particular issue- set of significance, such as corporate governance or international labor issues. Students will read both theory and examine case studies. Student-led discussion and research paper will be required. Limited enrollment. (2 units)

This survey class in health law is designed to provide a comprehensive overview of the subject. The class is divided into two parts: The first part of the semester will introduce you to the various stakeholders in our health care system, and the second part will examine, from the varying perspectives of these stakeholders, contemporary health law problems. (e.g. stem cell research, public health crises, assisted reproductive technologies). This format will enable us to scrutinize the health care system we have inherited, to understand the role law has played in its evolution, and to critically evaluate demands for isolated, as well as systemic change. Students will be evaluated on the basis of a written final examination. Social Justice and Public Interest Certificate course. (3 units)

This course focuses on private law responses to quality of care and autonomy issues involving health care providers and their consumers. The course examines the competing and overlapping liability models applied to health care providers, and the liability exposure of different provider groups, from individual health care professionals through provider groups to third party payors and drug and device manufacturers. The course covers the full range of litigation issues including expert and scientific evidence, causation, damages, and insurance issues as they relate to HCPs. Additionally, considerable attention is paid to the effect of statutory reforms, ranging from qualifications of experts through limitations on certain types of damage recovery to mandated dispute resolution mechanisms. Public Interest and Social Justice Certificate course  (3 units).

This unique seminar gives students a chance to explore with faculty contemporry, cutting-edge issues in health care law.  Course may require a paper, an exam, or both.  Check the current semester schedule for current topics and course descriptions.

Exploration of the scope of discrimination in housing in the United States and the nature and adequacy of the legal remedies created to prevent it. The course will focus on primarily on federal statutory law, but will also examine some state statutes and some historical materials. Important themes of the class will be differences between the kinds of categories protected by state and federal statutes (e.g., race, sex, disabilities, and marital status) and continuing issues of residential segregation. Topics covered will include proving discrimination, discriminatory advertising, the meaning of race under the 1866 Civil Rights Act, the meaning of “handicap” under the Fair Housing Act, accommodation of persons with disabilities, and discrimination to achieve integration. Discrimination in lending, sexual harassment, marital status discrimination, and claims that enforcement of certain fair housing provisions violates the free exercise rights of landlords may also be covered.

This course gives students an opportunity to enhance their advocacy skills through representation of individual clients in immigration cases pending before the United States court of Appeals for the Ninth Circuit. Students will represent clients under the Ninth Circuit's Pro Bono Program, which appoints counsel for certain applicants appearing pro se before the Court. Cases selected for the Pro Bono Program present issues of first impression complex issues of fact or law, or meritorious claims warranting further briefing. The Ninth Circuit's Pro Bono Coordinator has requested that Santa Clara University School of Law participate in the Pro Bono Program.  Public Interest and Social Justice Law Certificate course.  ( 2 units).

Examination of the Department of Justice, State Department, and Labor Department as they affect immigration and naturalization. Immigrant and non-immigrant visa problems; the exclusion, deportation, and naturalization processes. (3 units)

This course surveys the basics of United States intellectual property law, including patents, copyrights, trademarks and trade secrets. This course caters both to students who want a single-course sampler of intellectual property as well as students who intend to pursue a career in intellectual property law. A technical background is not required. Numerous IP electives require this course as a prerequisite, so we encourage students planning to explore the IP curriculum to take this course as early as possible.

This course will involve the negotiation of a licensing agreement transferring certain nanotechnology to a company in Korea. Students will represent a Silicon Valley company with an extensive patent portfolio which they market extensively in the United States. This proposal will be the first step in acquiring a global market. The Korean company will be represented by a team of law students from Seoul National University, supervised by Professor Ko, Hak Soo. Actual negotiations will be conducted by teleconference, in four 2- hour sessions. The first two weeks of the course will consist of an accelerated overview of international negotiation techniques, basic Korean patent law, and an introduction to the legal and business culture of Korea.  Pre-requisite: 658 International Licensing Transactions; or 216 International Business Transactions; or 228 Technology Licensing; or 327 Negotiating.  Enrollment with approval of professor.  Enrollment limited to 10 students. Approved IP LL.M. course.

Legal problems of international commercial transactions; trade and investment. Financing, contracts, shipping, and insurance questions. Problems of Third World development, including expropriation and nationalization. Approved IP LL.M. course.

This course in many respects will operate as a specialized criminal law course, undertaking an elemental analysis of international crimes as they have developed and evolved in international law, and focusing on the challenges of interpreting and applying these norms in a criminal prosecution. The jurisprudence of the various war crimes tribunals and the text of and deliberations surrounding the new ICC statute will be scrutinized with an emphasis on understanding the prosecution’s burden, available defenses, and sources of proof. In addition to the substance of international criminal law, this course will also serve as an introduction to international legal reasoning and law-making.

The course examines domestic and international data privacy from a corporate compliance perspective. The aim of this course is to understand the laws and regulations protecting an individual's right to control his or her personal information and how companies comply with those laws and regulations. This course will begin with a review of the origins of data privacy law from an international as well as American perspective. The course will cover current international, domestic, and sector specific laws and regulations. Throughout the course current trends and compliance challenges will be discussed with examples and hypothetical problems coming from a corporate high-tech perspective.

Problems of trans-frontier pollution and efforts to prevent and remedy damage through bilateral and multilateral arrangements. Focus on water and air pollution, preservation of endangered species, climate change, and ocean protection. The work of international organizations such as the United Nations Environmental Program, the OECD, and the Common Market. (1-3 units)

International and regional mechanisms for the protection of individual rights; what those rights are; what procedures are available for use by attorneys in the United States. Offered spring semester, alternate years. (2 units)

Survey of public international law involving close consideration of the specificity of international law, its nature, and sources. The international legal processes: international law, treaties, and the role of municipal courts and international organizations. Focus on selected current problems such as self-determination, intervention, and the expropriation of alien-owned property. (3 units)

Legal norms concerning disaster prevention and management and response to consequences; disaster relief law; right to humanitarian assistance; human rights and emergency situations; legal problems concerning the movement of population (refugees, internally displaced persons, and migrants); international humanitarian law applicable in armed conflicts; terrorism.

This course is intended for students interested in the rhetoric and practice area of international law.  It is also particularly well suited for students who plan to participate in one of the international law moot court competitions (such as Jessup or Pictet).  The course provides  a basic survey of public international law, with an emphasis on some of the issues that repeatedly arise in the moot competition context—the proper sources of international law, the principles of state and individual responsibility, the interplay between politics and law, “constitutional” questions involving the powers and functions of the various United Nations bodies and institutions, etc. The class involves a series of in-class exercises that requires students to use international law in real-world fact patterns.  Students who are participating in one of the moot court competitions can use their memorial to satisfy the paper requirement and can earn 3 units.  Other students will complete a brief on an internaitonal law issue.  Credit/No Credit.

Introduction to the legal structure, powers, and functions of United Nations organizations, and specialized agencies and regional organizations, such as the Council of Europe, the European Economic Community, and similar economic organizations. (3 units)

This course is designed to introduce the student to institutional and substantive aspects of the WTO legal system, which largely governs international trade regulation today. It will address the basic philosophy of trade liberalization and some of the controversies surrounding the WTO multilateral trading system. Special emphasis will be placed on the cases decided by panels and the Appellate Body in the GATT/WTO dispute settlement procedures.

This course surveys the law of the Internet, such as how privacy, contracts, intellectual property, anti-pornography, civil procedure and other legal doctrines apply to Internet businesses and technologies. A technical background is not required.

This course will provide an overview of the regulation of Intellectual Property Rights (Patents, Trademarks, Copyright, Designs) in Europe.  It will cover the European Patent Organization with more than 30 member states and the European Patent; the European Union with 25 member states and its community rights for trademarks, industrial design and (in the future) patents; the harmonization of the national IP laws of the EU member states; and the relevance of the not yet harmonzied parts of the national IP laws.  Knowledge of this complex European System of IP rights is essential for the US industry doing business in or with Europe and the lawyers advising them.

Enrollment is limited to students in their final year of study. Attendance and satisfactory completion of homework exercises is required for credit. Students may also audit all classes and receive feedback without earning a unit of credit.

This course simulates an intellectual property lawsuit from preliminary considerations (such as whether suing is the proper course of action for a potential plaintiff and how attorneys can assist their defendant clients in the assessing of the risks of litigation when sued) to pleadings, pretrial activities, discovery, evidentiary challenges, trial preparation and appellate procedures. Approved IP LLM Course. Prerequisite: IP Survey

The purpose of the seminar is to enable students to consider and discuss a variety of issues relating to the administration of justice, which they will have an opportunity to observe in their field work, including the philosophy of judging, judicial ethics, selection of judges, limitations on access to the courts, judicial workload, and court management. A student may earn academic credit for work as an extern for a judge or for an entire court (hereafter, fieldwork) if undertaken in conjunction with the Judicial Externship Seminar.

This seminar addresses legal issues relating to the venire, voir dire, selection, excusal, competency, and behavioral constraints concerning citizens serving as trial jurors. Both state and federal statutes and case law will be included. Juror misconduct, mistrials relating to jurors, sequestration, juror notes, instructions, deadlock, and leadership/structuring of deliberations will be covered. Recent studies from social psychology, group dynamics, and communication, as well as videotapes of real deliberations will be analyzed, along with srategic uses of trial consultants. The ABA’s revised standards for jury trials (2005) and jury innovation projects nationwide will be examined. Students will learn to recognize, research, persuasively argue, and suggest appropriate remedies for trial issues involving juries. Students will draft motions and briefs (pretrial, during trial, post trial) and jury questionnaires that address legal issues for specific trial scenarios. Students must attend the first class.

A detailed examination of the operation of the juvenile justice system. The role and function of the police and of child protection agencies, public and private; the intake process and informal adjustment; the establishment of jurisdiction and the proof of jurisdictional facts; and dispositional and treatment services. Special attention to the assumptions underlying juvenile court intervention in cases of child neglect and abuse, incorrigibility, and delinquency. Critical appraisal of the major issues in the handling of juvenile misconduct and of the lawyer's function in the juvenile court process. Extensive student presentations required. Field visits to various juvenile facilities and juvenile court sessions. Materials and written work requirement to be announced. Limited enrollment. Public Interest and Social Justice Certificate course.

The legal topics of youth instruction include: Fourth Amendment Searches and Seizures; Fifth Amendment and Miranda Warnings; Unlawful Sex Crimes; Property Crimes (Theft and Vandalism); Three Strikes; Gang Conspiracy Laws; Proposition 21; Juvenile Justice Trials; Hate Crimes; Accomplice Liability; Drugs and Alcohol; and Recidivism. Graded Credit/No Credit. Public Interest and Social Justice Certificate course.Students continue to teach practical legal skills to at-risk youth on juvenile probation, while simultaneously cultivating the professional growth of their peers. The law students serve not only as an instructor and a weekly positive role model for 20 youth over the 14-week period, but also as a site leader. As a site leader, the students are responsible for communications with Probation, FLY, each of the youth, and the other volunteer law students. Site leaders evaluate the course and provide weekly feedback to the teaching team. The course includes three 2.5-hour orientation sessions, three lunch seminars, and regular check-in meetings. The trainings and seminars provide law students with instruction about substantive legal issues and professional skills such as, Public Speaking, Client Communication, Interviewing, Client Case Management, Juvenile Justice Research, Individual Evaluation, and Factual Investigation.

 The legal topics of this course include: Fourth Amendment Searches and Seizures; Fifth Amendment and Miranda Warnings; Unlawful Sex Crimes; Property Crimes (Theft and Vandalism); Three Strikes; Gang Conspiracy Laws; Proposition 21; Juvenile Justice Trials; Hate Crimes; Accomplice Liability; Drugs and Alcohol; and Recidivism. Students teach practical legal skills primarily to at-risk youth on juvenile probation. Legal concepts include constitutional law, criminal law, and criminal procedure. The 14-week Program seeks to use the law as a vehicle to build life-skills in disadvantaged youth while empowering them to exit the juvenile justice system. The law students will serve not only as an instructor, but as a weekly positive role model for 20 youth over the 14-week period. The course includes three 8-hour training sessions, three lunch seminars, and regular check-in meetings. The trainings and seminars provide law students with instruction about substantive legal issues and serves as a forum for sharing general impressions and ideas concerning successful teaching techniques.

Students counsel clients in the general advice immigration clinic on all aspects of immigration law including political asylum and deportation. In the VAWA (Violence Against Woment Act) advice clinics, students advise immigrant victims of domestic violence. Students interested in interviewing clients with political asylum, VAWA (battered immigrant spouses and children), U Visa (victims of particularly serious crimes), and T Visa (victims of human trafficking) claims MUST also register for the 1-unit credit/no credit course on trauma and working with traumatized clients (Health Law 418B). This one-unit course will be offered at the Law Center. Students who are unable to register for this one-unit course will be able to interview clints with non-trauma immigration cases such as relative petitions, citizenship, and other types of deportation defense cases. Students may not take more than one interviewing and advising class without the prior approval of the instructors. Graded Credit/No Credit.

The Santa Clara Law Review is a legal periodical edited and published by Santa Clara University law students. Law Review membership is open to upper-divison students who maintain a 3.00 GPA and successfully complete a candidacy program. Each board of student editors serves a one-year term and publishes four issues of the Law Review. Law Review membership is a rewarding educational experience that helps students refine their legal research, writing, and analytical skills, and affords a unique opportunity to work with legal professionals and faculty members. The primary objective of the Santa Clara Law Review is to provide a practical research tool for practicing California attorneys, members of the judiciary, scholars, and law students.The Law Review informs its subscribers of emerging legal trends and developments and presents new approaches to the analysis of current legal problems. Each issue contains articles contributed by legal professionals, law professors, and student editors. By providing a quality resource to the legal community, the Santa Clara Law Review brings prestige to both the School of Law and its graduates. The Law Review publishes a candidate handbook that provides details of the candidacy program. Interested students should attend the information sessions held each semester to receive a copy of the handbook and to learn more about the candidacy process.

This course provides a high-level overview of the legal and business dynamics of the movie, television, music and video game industries, with a particular emphasis on how IP owners in those industries can monetize new media opportunities. IP LLM course. Prerequisite: IP Survey (388).

Focus is on five issues confronting the future: privacy, the world online, crime and terrorism, biotechnologies, and "science fiction" (things that may or may not happen). Approved IP LL.M. course.

Historical overview of the lawyer, a consideration of what is the "practice of law," a review of the ethical standards that form the norms for the practice of law, a consideration of the public responsibilities of the lawyer as the embodiment of the legal structure of society, attention to the business and economic aspects of the practice of law, and the place of the judiciary with respect to the bar.

In this year-long course, full-time legal writing faculty introduce students to legal analysis, research, writing, and citation. During the first semester, students learn to brief cases, analyze and synthesize legal authorities, apply the authorities to a new set of facts, and write multiple, predictive office memoranda. In the second semester, students begin learning both text and online research skills, and develop their analytical and editing skills in the context of trial court briefs. During both semesters, legal writing faculty provide detailed written comments on students' work.

Seminar required for law students participating in immersion trip to El Salvador. Topics for discussion include the role of law in democratic transitions, interface between law and development, structure of the legal system, justice issues, etc. 

A survey of very different legal systems focussing on their varying solutions to common problems. Legal systems covered will include Athenian law, Imperial Chinese Law, Modern Gypsy Law, Saga Period Icelandic Law, 18th Century English Criminal Law, and others. Issues explored will include enforcement intentives, gap filling, litigants gaming the system, and a variety of others.

This course is intended to be the culmination of the graduate LLM in IP degree program, resulting in a publication quality thesis drafted under the direct supervision of a faculty member. Students meet with the professor to coordinate a meeting schedule; there is no set schedule for this course. Approved IP LL.M. course.

This seminar allows LL.M. students to interact with each other and seminar directors, bringing them together to discuss topics and issues of law relevant to their degree, as well as in-depth discussion of areas of interest to individual students. Guest lectures and participation in law school events are part of the seminar. Under the supervision of the seminar director,each student must prepare an in depth research paper on an aspect of law related to their degree. Students seeking a specialty designation will be expected to do their paper in the area of their specialization. Students are encouraged to submit their completed work to one of the law school's scholarly journals. Graded credit/no credit.

How to manage a complex, high stakes intellectual property case. Students will be instructed on various aspects of complex case management from initial case evaluation through trial. Students will be taught a comprehensive and integrated methodology to case management with a primary emphasis on the management of the litigation team, witnesses, and documents. Also addressed litigation risk assessment; litigation budgeting, project management techniques, and use of technology to maximize both case organization and case presentation. Approved IP LL.M. course.

Introduces students to the federal regulatory law governing the ownership and operation of broadcast radio and television, cable television, and satellite video technologies. Emphasis is placed on students learning to engage in a comparative analysis of the regulatory schemes for various communications technologies. Students will examine regulations in light of constitutional issues, promoting competition and the goals of the Communications Act and the First Amendment of promoting diversity of voices and viewpoints. The course will also examine some contrasting regulatory approaches in different countries to the regulation of technology and content. There are no prerequisites for this course. Approved IP LL.M. course.

The incorporation of internet protocol technology into traditional communications technologies is causing the competitive convergence of voice, video and data markets. “Intermodal” competition has begun between telephone and cable television firms (DSL vs. Cable Modem) and is expanding to include fixed wireless, satellite and broadband over electric power lines. This convergence of technology and markets calls into question the continued relevance and utility of separate regulatory paradigms for telecommunications (voice), cable television (video) and computers (information services). Convergence of network functionality and markets is reshaping historic federal and state regulatory and legal distinctions regarding jurisdiction, ownership, access, speech and public policy. This course introduces students to the evolving federal and state regulation of broadband networks. Emphasis is placed on students learning to recognize, understand and anticipate the changing relationships between technology, competition, regulation and law. There are no prerequisites for this course. Approved IP LL.M. course.

This course combines both theory and practice skills. A variety of readings, exercises, videos, and role-plays will be used to encourage in-depth analysis of mediation concepts and the application of these concepts in practice. Topics to be covered include negotiation theory, the mediation process, the role of the mediator, ethical issues in mediation, dealing with power imbalances, and the lawyer's role in the mediation process. Students will participate in exercises at various stages of the mediation process. Starting Summer 2009, this course will be a graded course.

Topics include storytelling, appeals to antecedents and consequents, emotional appeals, personal attacks, "golden rule" arguments, and religious arguments.

The Panetta Fellowship Program is a joint venture between Santa Clara University School of Law and the Leon & Sylvia Panetta Institute for Public Policy in Monterey, California. The Panetta Fellowship Program was developed to provide an educational opportunity for law students interested in the law and government, political science, or public policy to work with Leon and Sylvia Panetta, and other professional staff at The Panetta Insitute, on matters within the public mission and serivce of the Institute. Students will complete 140 hours of field work at The Panetta Institute focusing on the area of law and public policy under the guidance and supervision of School of Law alumnus Leon Panetta and the staff at the Institute, and attend regular meetings with the Director of Law Externship Programs or another member of the School  of Law faculty throughout the semester of participation in the Program. Graded credit/no credit only.

Administration of the patent law system. Appeals from the Board of Appeals to the Court of Appeals for the Federal Circuit or the District Court, reissues, citation of prior art, public use proceedings, re-examination, and interference proceedings under Public Law 98-622. Prerequisite: IP Survey (388). Approved IP LL.M. course.

Course blends substantive patent law knowledge with practical application of the law in a litigation context. Designed for students who have taken introductory courses regarding litigation or intellectual property litigation and whose career plans may include a focus on patent procurement and/or enforcement. This course will be of particular interest to those who plan to practice in the areas of patent litigation, patent prosecution, or intellectual property licensing. The course will be conducted as a lecture (with some guest lecturers). Pre or co-requisite: 233. Patents. Approved IP LL.M. course.

This course covers practical aspects of drafting and prosecuting foreign and domestic patent applications, including the creation of a patent application, claim drafting and construction, international patent practice, and the strategic development of a patent portfolio. Approved IP LLM Course. Prerequisite: IP Survey (388)

(Formerly titled Forensic Persuasion Seminar) Introduction to a variety of persuasion skills, including logic, reasoning (inductive, deductive, analogical, circular, paradoxical, metaphorical). Interviewing and interrogation techniques; listening skills; nonverbal behavior and the detection of deception; hypnotic communication technique; salesmanship; juror assessment techniques; and lawyers' styles, tactics, and strategies. Special emphasis on the relationships among persuasion, truth, ethics, and justice. Public Interest and Social Justice Law Certificate course. (3 units)

Skills related to pretrial civil litigation. The objectives of the course are to teach students basic skills needed in federal pretrial civil litigation practice, to develop knowledge of applicable pretrial rules, to develop skills in the discovery process, and to develop written and oral advocacy skills using modules relating to prefiling considerations, pleadings, motion practice, discovery, and the pretrial conference.  The course will meet for lecture and skills based exercises.  During the skills session, students will learn by doing and receive feedback and critique from the instructor and/or practitioners. The course will use one civil, high tech fact pattern over the course of the semester. Students will meet with clients; interview witnesses; draft and respond to discovery; take and defend depositions; and draft, oppose and argue motions. One fact pattern will be used throughout the course so that the emphasis remains on skills development rather than learning additional fact patterns or substantive areas of law. Limited enrollment 100 percent attendance required. Prerequisite: 114 Pleading and Civil Procedure. Pre- or Co-requisite 320. Evidence. Approved IP LL.M. course.

Legal rights and remedies associated with privacy. An exploration of the constitutional, statutory, and common-law doctrines that give individuals control over personal information and decisions. Practical application of these privacy doctrines in judicial, legislative, and administrative contexts to protect and to vindicate individual privacy. Approved IP LL.M. course.

The Seminar will provide both an overview of the problems faced by the indigent and subordinated as well as offering an opportunity to enhance the lawyering skills you will need to assist clients in the future. The class will also discuss the public interest problems confronting low income, multi-ethnic communities, including the availability of legal services (or the lack thereof). Throughout the semester, we will look at a variety of approaches to dealing with these public interest law problems including litigation, legislative, administrative, media work, community organizing and coalition building. The Seminar will also offer some introductory training in lawyering skills including interviewing, counseling and theory development. As part of the Seminar, each student will complete a written project trying to develop creative strategies for dealing with some problem area involving public interest law. We encourage students to work in pairs on these projects. Potential project areas might include child abuse, civil rights, consumer law, domestic violence, education law, elderly law, employment law, homelessness, housing, human rights, immigration law, and juvenile rights. These projects can fulfill the Supervised Analytical Writing Requirement. There is no final examination for this course, rather the class will be graded based on your Seminar participation and your presentation and written project.

The recent expansion of international economic activity is being met by an important set of challenges. These range from the volatility and fragility of global financial markets to the crisis of the Asian tigers to the protests and disorder that disrupted the 1999 meetings of the World Trade Organization. A wide-ranging debate about the appropriate norms, rules, laws and institutions required by the new era has broken out in think tanks, legislatures and academia. Issues under discussion include the structure of corporate governance, the impact of new capital markets, and the need to address concerns about human rights, labor standards and environmental protection. Lawyers can, and should, play an important role in this debate. In addition, the outcome of this debate and the possible establishment of a new institutional framework will shape the environment of business and economic activity for the next generation. This course will explore the major institutions that impact on this environment, including the WTO, the International Monetary Fund and the World Bank.  We look at cross border securities offerings as well as mergers and acquisitions.  Grades will be based largely on the final exam, which is three hours and open book. Students interested in the Spring seminar on Globalization and Rule of Law will find this course a very helpful introduction to the material issues. 
There are no pre-requisites for this course. Approved IP LL.M. course. 

Analysis of statutory and case law recognizing a right of celebrities and others to control the use of their names and likenesses for commercial purposes. Topics include the scope of the right, identification, infringement, federal preemption and defenses, including First Amendment implications. Approved IP LL.M. course.

Limited Enrollment.  Seminar explores the concept of citizenship as a good that sovereignties distribute. Readings will focus on how nations choose to distribute citizenship, what citizenship entails, what it should entail, and what rights or privileges are or should be conditioned on citizenship. Class will involve significant student participation in the form of leading class discussions, and will require periodic two-page written responses to the reading materials. Course requires a substantial research paper as final assignment.  Prior coursework in immigration law or comparative immigration law may be helpful, but is not necessary or required.

Introductory survey of laws regulating competition in technology industries. Antitrust law is the major focus of the course; topics of discussion will include market power, network effects, standard-setting, monopolization, joint ventures and licensing antitrust issues. Recent cases such as those involving Microsoft and Intel will serve as vehicles for discussion. The enforcement attitudes of the Antitrust Agencies will also be reviewed, as reflected in various formal guidelines, such as the 1995 Antitrust Guidelines for the Licensing of Intellectual Property. Related concepts will include the doctrine of intellectual property misuse, state and federal unfair competition laws, and common law causes of action. Approved IP LL.M. course.

The process of technology licensing. Includes topics such as motivations for licensing, types of agreements used in licensing transactions, provisions commonly used in licensing contracts, and special considerations of international licensing. Actual negotiation sessions with scenarios provided and exercises in drafting specific provisions used in technology licensing contracts. Approved IP LL.M. course.