Fall 2016 Upper Division Assignments are subject to change, please check frequently. Information will be updated as it becomes available. Academic Achievement Workshop/CA Civil Procedure – Dean Dizon ● Read “How to Win A CALI Award” Law Review Article. ● Obtain required texts for courses. ● Complete Confidential Diagnostic. Both the article and the diagnostic are on my TWEN page. Advanced Criminal Litigation - Prof. Gibson Advanced Legal Analysis- ALL SECTIONS No first assignment. Advanced Legal Research-Prof. Glennan Please read Chapter 1 of the course text: Basic Legal Research Explained: Tools and Strategies, Sixth Ed., Amy E. Sloan (2015). Advanced Prosecution Function- Prof. Weinreb Please read chapter 1 in the materials for the first class. Alternative Dispute Resolution - Prof. Relyea 1. Text, pp. 10 - 31 (ADR Overview) (The ADR Self-Assessment on p. 14 is a tool for measuring your current level of knowledge about ADR. No reading or research is required to complete the Self-Assessment); 2. Other Exercises--will be conducted in class 3. ADR—A Day in the Real Life of a Civil Law Practitioner (Link: mediate.com/articles/RelyeaDayinLife.cfm) September 6, 2016 ADR: Course Overview; Overview of Alternative Dispute Resolution; ADR Defined; Benefits of ADR (Jury Verdict Exercise); Dispute Resolution Continuum; Selecting an Appropriate Dispute Resolution Process (Exercise); Arbitration and Mediation Role Play Exercise (Family Portrait Exercise). Reading for Next Class: 1. Text pp. 321-326; 2. Article -- Benefits of Arbitration for Commercial Disputes (Sussman and Wilkinson). Business Organizations – Prof. Hardee Students should register for this class on TWEN. The syllabus, including the first assignment, will be posted a week before the first day of class. Office hours will be listed in the syllabus as well. Business Planning: Representing Modest Business Enterprises – Prof. Ehrlich There is a web site for this course with up-to-date information about assignments for classes and other valuable resources and links. Go to: http://faculty.cwsl.edu/ehrlich/bp/ – or – search for “Ehrlich Business Planning” and it will show up in the search results. Approximately one week before the start of class I will email you a link to a Dropbox folder where you can download materials for the course. Business Strategies for Successful Lawyers – Prof. Eckmann The following topics are for confidential submission to the instructor at the first class meeting on September 6, 2016. Retain a copy for your review. Please limit your response to each question to 50 words or less. These will not be graded,. Just be candid in these self-evaluations. 1. Why are you in law school? 2. Why are you in this class? 3. What do you envision accomplishing with your law degree? There is no assigned text that needs to be purchased for this course. Certain items will be on Reserve at the law school library. Resources will be discussed at the first class meeting. IMPORTANT NOTE: Kindly notify the Instructor in advance (858-259-9230; e-mail: eckmannj@aol.com) if you will miss our first meeting; any student missing the first class (without prior communication with the Instructor) may be dropped and the next student in line substituted. California Civil Procedure - Prof. Morales California Evidence - Prof. Gibson California Innocence Project I - Prof. Brooks/Prof. Simpson No first assignments. Commercial Real Estate Transactions - Prof. Bulich/Prof. Puleo Community Law Project- Academic Component - Prof. Sisitsky/Prof. Janowsky The first assignment is to read our Training Manual and review our forms, all of which I will be posted on the TWEN site. Community Property - Prof. Jeffries Constitutional Law I - Prof. Fink Please read The Constitution of the United States, Articles I-VII, on pp. xli-lvii in Chemerinsky's casebook, and be prepared to discuss at least one thing about this document that you found surprising. This could include your surprise about what the Constitution says, about what was left out of the document, about the tone or style of the document... anything that caught your attention in reading Articles I-VII. Please read pp.10-14 and 16-17 (Items 1-6, 8-9 in “Top 10 List”) in the Constitutional Law I Course Outline available for purchase at the CWSL bookstore. Please sign up for my TWEN page (which should be up and active as of Wed. 8/17), go to the "Web Links" section, and read the article that is assigned for Class #1. Please note that those who are not in attendance for the first class will be dropped from the class, unless they have prior permission from me to miss this class. Constitutional Law II - Prof. Aceves Read pp. 517-548 from the Textbook. Criminal Procedure I - Prof. Yeager Fourth Amendment: The Definition of “Search” California v. Greenwood, 486 U.S. 35 (1988) Employment Discrimination - Prof. Gudel No first assignment. Entertainment Law - Prof. Robin Estate & Gift Tax - Prof. Kovacic Estate and Gift Taxation & Planning Introduction to Estate Planning Ch 1 Basic Estate Planning Concepts Ch 2 Internal Revenue Code Preliminary Provisions and Definitions General Provisions Class Notes No. 1 Evidence - Prof. Klein September 6: Read Study Guide (pages xxxii-xxxvi); Chaps. 1-4 September 8: Read Study Guide Chaps. 5-6 Evidence Advocacy - Prof. Conte Please rad the following cases: 1. Crawford v. Washington, 541 U.S. 36 (2004) 2. Davis v. Washington, 547 U.S. 813 (2006) ( includes, Hammon v. Indiana) 3. People v. Cage, 40 Cal, 965 (California Supreme Court 2007) 4. Melendez-Diaz v. Massachusetts, 557 U.S.__ (2009) 5. Michigan v. Bryant, 562 U.S. 344; 131 S.Ct. 1143 (2011) 6. Bullcoming v. New Mexico, 564 U.S. 647 (2011) Optional: The Supreme Court case of Williams v. Illinois, 567 U.S.__ (2012) Family Law - Prof. Antonyan Rutter Group-California Practice Guide: Family Law read the following: Chapter 1: (You will find this Chapter in PDF on TWEN with the below sections highlighted for easy reference) 1. Preliminary Considerations: 1:5-1:6; 1:11; 1:14 2. General Objectives of First Interview: 1:21-1:24; 1:26; 1:37; 1:51.5 and 1:51.7; 1:52-54; 1:59 3. Potential ethical Problems in Accepting or Continuing Representation 1:75.5; 1:76; 1:77.8; 1:78-81; 1:83-1:86; 1:87; 1:89 4. Advising the Petitioner Client at the First Interview: 1:351.10; 1:351.15; 1:352-1:355 5. Advising the Respondent Client at the First Interview: 1:385-1:393 6. Special Concerns for Councel Talking Over a Pending Case: 1:408-1:411 7. Liability Concerns in Handling Client’s Case: 1:462-1:462.1 1:485; 1:488; 1:489-1:489.1 Read these Family Code Sections: (loaded in PDF on TWEN) California Family Code §2100-2102 Read these Civil Code of Procedure Sections: None Read these Local Rules: (loaded on TWEN) 5.2.1 to 5.2.6 Read the following California Rules of Court: None Cases to read: None State Bar Rules of Professional Conduct: (loaded in PDF on TWEN) Rule 2-100 Communication With a Represented Party Rule 3-100 Confidential Information of a Client Rule 5-100 Threatening Criminal, Administrative, or Disciplinary Charges Review the following Judicial Counsel Forms: (loaded in PDF on TWEN) Local Form SDSC D-080: Family Center Case Resolution Process-General Information For Your Reference in Class: (loaded in PDF on TWEN) PDF of Family Code Index Outline Federal Income Tax - Prof. Rabago 1. Please download your FREE textbook, U.S. Federal Income Taxation of Individuals 2016, here: http://www.cali.org/books/us-federal-income-taxation-individuals-2016 2. Read the Introduction (pp. xxiv – xxxvi) and Chapter 1 - The Essential Structure of the Income Tax (pp. 1 – 41). 3. Complete Problems 1-8, pp. 25 – 26. 4. Please enroll in our course on Blackboard (through your LexisNexis account). The course is titled Federal Income Tax 2016, and you should be able to enroll using this access code: 1040ABCD If you have any questions or problems with the above, please email me at arabago@cwsl.edu. Gender, Power, Law and Leadership – Prof. Brenner Sign-up on TWEN. Read the following (all posted on TWEN): Rebecca K. Lee, Implementing Grutter's Diversity Rationale: Diversity and Empathy in Leadership, 19 Duke J. Gender L. & Pol'y 133, 172 (2011) and Fisher v. U.S., 136 S.Ct. 2525 (2016). Download and skim the Benchmarking Women's Leadership report, come to class prepared to share 3 observations from report. http://www.womenscollege.du.edu/media/documents/BenchmarkingWomensLeadershipintheU S.pdf Immigration Clinic - Prof. Bautista No first assignment. Immigration Law - Prof. Velasquez Insurance Law & Litigation - Prof. Holtz Please read and be prepared to discuss Gray v. Zurich (1966) 65 Cal. 2d 263. International Environmental Law – Prof. Finkmoore No first assignments. International Law – Prof. Aceves Read pp. 1-28 from the Textbook. International Legal Research – Prof. Weaver Internet & Social Media Law – Prof. Neill The first assignment for Internet & Social Media Law will be as follows: Course website, including all readings & syllabus will be available at http://socialmedia.testpad.com Initial required readings: Social Media & the Law, Here Comes Everybody Pages 1-2 (but stop after section "Social Media & the Law") http://goo.gl/rJRriX Don't Panic: A Legal Guide (in plain english) for Small Businesses and Creative Professionals - Introduction & Chapter 2: Intellectual Property 101 Reno v. ACLU 521 U.S. 844 (Majority Opinion sections I, V, VII, VIII, IX, XI only and concurring opinion) - http://supreme.justia.com/us/521/844/case.html O'Reilly Media's "What is Web 2.0" http://oreilly.com/pub/a/web2/archive/what-is-web-20.html?page=1 Wikipedia's "Social Media" & "User-Generated Content" entries http://en.wikipedia.org/wiki/Social_media ,http://en.wikipedia.org/wiki/User-generated_content _____________________________________________________________________________________ Internship Seminar- Prof. Brenner Sign-up on TWEN and explore site. Read the following article: Anya Kemenetz, The Writing Assignment That Changes Live, NPR (2015): http://www.npr.org/sections/ed/2015/07/10/419202925/the-writingassignment-that-changes-lives Internship Seminar- Prof. Morton Welcome to the Internship Seminar. By now you've signed on to the course TWEN site and can complete the assignment, due Sunday Sept 4 by 11 pm, for class on Wed Sept 7. The assignment and class will focus on your goals for your internship experience. Your assignments are normally due by 11 pm on the Sunday prior to Wednesday's class. Every week you will have a journal assignment and a reading assignment, which will be posted on the homepage of the TWEN site. Journal Assignment For your first journal assignment, please write at least a page on 1) Your background and any hobbies of interest (or something interesting about you that is not law related); 2) Where you are interning, your prior legal experience, and why you chose the internship placement; 3) Your goals for your internship and how you intend to accomplish them, including the One Big Question you want your internship to answer for you; and 4) How it's going so far, assuming you've already begun your internship. To inspire your thinking about your goals for this trimester, please read through CWSL’s Learning Outcomes document athttps://www.cwsl.edu/academics/academic-programs/jd-program/jdcurriculum/learning-outcomes. Feel free to choose, as well as add to, any of the goals listed under Knowledge, Skills, and Values for your own internship experience this trimester, and let me know what they are in your first assignment. We will also discuss them in our first private meeting. Please post your journals on TWEN under Forums (pw “legal”), and email them to me lmorton@cwsl.edu as a Word attachment by Sunday, Sept 4 at 11 pm. Reading Assignment Your reading assignment for the first week, in addition to reading the CWSL Learning Outcomes, is to read through the following documents under Course Materials on the TWEN site: Syllabus; Requirements; Class List; and Journal Writing. Also, please read all of your classmates' journals posted on TWEN. Choose 4 placements, other than your own, and come to class with a written question for each of the 4 students regarding their placements. This will be the basis of our first class together on Wednesday evening. First Private Meetings Please sign up for your first private meeting with me, either before you leave for your internship, or sometime during that first week. If you'd like to meet earlier than your beginning date, I'm happy to do so, as long as you get your first assignment to me prior to the meeting. Be prepared to discuss your goals for your internship experience. (don’t forget to check our CWSL Learning Outcomes to help hone your goals.) Your half hour with me in our first meeting counts towards your internship time. If you need to leave your placement early, you can bring work with you to complete your full day and not miss any additional hours. Hope everyone has a great first few days at their placement. Please be sure to discuss your goals with your supervising attorney your first week, as well as your supervisor’s goals for you. I look forward to meeting you all in our first class this week. _______________________________________________________________________________________ Intro to U.S. Law – Prof. Black No First assignment. Law & Economics – Prof. Smythe No First Assigment. Law Office Technology: Case Management & Marketing- Prof. Roepcke 1. Register for the TWEN page. 2. Sign up for your CLIO account at http://www.goclio.com/signup/?referral_code=EDU. Use “Roepcke” as the “Promotional Code”. Use your own name, email and phone number to fill in the fields on the sign-up page. Make up a firm name that references your own name (e.g. Law Offices of [YOUR NAME]; [YOUR NAME] & Associates). Once you have registered your account, take a few minutes to familiarize yourself with the various portals. 3. Initial Statement – Provide a brief written introduction to who you are, where are from, what made you decide to go to law school, what type law you want to practice. Feel free to include any other information you would like me to know about you. Then describe some of the technology that you anticipate using in your chosen area of law. This assignment is due by 5:00 p.m. the day before our first class. You will submit it under your name in the Assignment Dropbox on TWEN. 4. Reading Report - Due to the ever-changing nature of technology, reading assignments will consist of recent articles pertinent to the class topics. Since it is not practical to be constantly assigning new articles for the class to read, you will be responsible for finding your own articles on the various topics. This class functions at its best when the students are able to share knowledge and ideas, so having you all come together and share what you learned from your distinct articles will facilitate this type of learning. In order to receive credit for your reading, you must submit a paragraph description of the article you read and what you learned from it, along with the URL where it can be found. Instead of reading articles, you may choose to watch a minimum of 30 minutes of online videos on the topic, provided that you submit a paragraph for each video, along with the duration and URL. The reports are to be submitted to TWEN by 5:00 p.m. the day prior to the class where the topic or topics are discussed. Late submissions will be subject to point deductions. Your first reading topic is firm management software, also called practice management software. Your reading report will be due by 5:00 p.m. the day before our first class Legal Drafting - Prof. Letizia Required Text: Beyond the Basics, A text for Advanced Legal Writing, Third Edition, 2013, by Mary Barnard Ray and Barbara J. Cox. Read Part 1 (pp. 1-26) and Part 4, Chapter 11 – (pp. 291 – 319). Complete Assignment 1, p. 318. Legal Scholarship Training Seminar - Prof. Thyfault First assignment for the Legal Scholarship Training Seminar: The first class for the Legal Scholarship Training Seminar meets on Friday, September 9, 2016, at 2:20 p.m., in the Auditorium. The class also meets on September 30 and October 14. You must attend all three classes to receive scholarly writing credit for the paper you are writing in your seminar class. A syllabus for this course has been posted to the Legal Scholarship Training Seminar TWEN page. It contains the readings for three classes and the attendance policy. Legal Skills II – Prof. DeKoven No first assignment. LLM-Legal Research & Writing for LLM Students – Prof. Black No first assignment. Medical Malpractice Litigation - Prof. Souther New Media Rights- Internet and Media Law Clinic - Prof. Neill Instructor will email out syllabus and assignments prior to the start of classes. Practicing Law: Successful Strategies - Prof. Eckmann The following topics are for confidential submission to the instructor at the first class meeting on September 6, 2016. Retain a copy for your review. Please limit your response to each question to 50 words or less. These will not be graded,. Just be candid in these selfevaluations. 1. Why are you in law school? 2. Why are you in this class? 3. What do you envision accomplishing with your law degree? There is no assigned text that needs to be purchased for this course. Certain items will be on Reserve at the law school library. Resources will be discussed at the first class meeting. IMPORTANT NOTE: Kindly notify the Instructor in advance (858-259-9230; e-mail: eckmannj@aol.com) if you will miss our first meeting; any student missing the first class (without prior communication with the Instructor) may be dropped and the next student in line substituted. Pre-Bar Review- All sections No first assignment. Remedies - Prof. Fink Please read the following pages in the Laycock casebook: Pages 1-8, Pages 11-14 (Hatahley case), Pages 15-18 (Notes on the Basic Principle – Notes 1-4 only). Please sign up for my TWEN page (which should be up and active as of Wed. 8/17) Please note that those who are not in attendance for the first class will be dropped from the class, unless they have prior permission from me to miss this class. Representing Healthcare Organizations - Prof. Sheridan No first assignment. Risk Management in Healthcare Environment - Prof. Holland Sales – Prof. Smythe No first Assignment. Secured Transactions - Prof. Gross No first Assignment. Securities Regulation - Prof. Aul The syllabus and first assignments will be posted on TWEN by Friday, August 26th. STEPPS - All Sections Week 1: Assignment 1 will be a legal memorandum based on a video-recorded client interview. The interview will be available on Thursday, September 1, 2016. Students must review the client interview video before the first Law Office meeting on Wednesday, September 7. Assignment 1 will be due on Tuesday, September 20. Law Office Meeting (Sept. 7) Topics: Introduction to the Law Office Career Satisfaction (Resumes and Cover Letters) Legal Memorandum Preparation: Register for the TWEN course page. Kreiger & Neumann, Ch. 1 (Introduction), pp. 3-5; Ch. 2 (Professionalism), pp. 7-19; Ch. 3 (Lawyering for and with the Client), pp. 21- 32. Scheiss, Ch. 1 (Audience), pp. 3; Ch. 3 (Writing to the Supervisor), pp. 15-26. Review: Video for Assignment 1 (available on Panopto). Review: Assignment Materials ->Research Memorandum on TWEN course page Written Assignment: Submit a copy of your resume to the TWEN dropbox before noon on Tuesday, September 6. [References to the readings will be noted as follows: Zitrin, et al. refers to Zitrin, Langford & Cole, Legal Ethics in the Practice of Law (4th Ed.); Krieger & Neumann refers to Stefan Krieger & Richard Neumann, Essential Lawyering Skills (5th Ed.); MRPC refers to the ABA Model Rules of Professional Conduct; CRPC refers to California Rules of Professional Conduct. Where reading assignments reference rules, please assume the readings include both the selected rules provisions and any commentary or discussion of the selected provisions.] Week 2: Group Discussion Topics: (Sept. 12) Introduction to Professionalism and Ethics Introduction to Professional Satisfaction Moral Reasoning and Judgment Statutory Analysis and Interpretation Part I: The Attorney-Client Relationship Preparation: Zitrin, pp. 3-36 (Introduction) Zitrin, pp. 41-63 (Problem 1: Hanging Out Your Shingle) MPRC: Preamble and Scope; 1.0 (Terminology), 1.1 (Competence), 1.2 (Scope of Representation), 1.3 (Diligence), 1.4 (Communication), 1.5 (Fees), 8.1 to 8.5 (Regulating the Profession) CRPC: 1-100 to 1-300, 2-200, 3-110, 3-500 (Available on-line) Cal. Bus. & Prof. Code § 6068 (Available on-line) Canons of Construction (available on-line) Assessment: On-Line Quiz #1 Due Friday, Sept. 16, before 5:00 p.m. CORE Grammar for Lawyers – initial assessment. Plan approximately 90 minutes to complete the quiz. Torts II – Prof. Bohrer First Assignment Mitchell v. Rochester Railway Co. 495 Dillon v. Legg 498 Emotional Distress Hypo: Amanda was walking down the street near the Baker house when a negligently installed gas-line, which served the kitchen stove in the Baker house, spewed flames throughout the Baker kitchen. Mrs. Baker, who was cooking at the time, was severely burned, and she ran from the house, her clothes on fire and her flesh badly charred, collapsing on the ground a few feet from the horrified Amanda. Mrs. Baker died of 3rd degree burns a week later. Amanda has been severely traumatized by the experience, with the principal manifestations being an inability to sleep, nightmares, a fear of all flames, and depression. Gas Co., which had installed the gas line, admitted their negligence and responsibility for Baker’s physical injuries, but has refused to recognize any liability to Amanda. Topic TWO: Chapter Seven. Affirmative Duties Key study points for topic two, affirmative duties: In these “duty” cases, the defendant’s liability to plaintiff may well be limited despite the fact that defendant was in the best position to cheaply and easily avoid or limit plaintiff’s losses. Why should a defendant should avoid liability for plaintiff’s damages when defendant could easily have avoided or prevented the plaintiff’s injuries? Trademark Clinic – Prof. Morton Trademark Law - Prof. Morton Chapter 1, Trademark and Unfair Competition Law, Jane Ginsburg et.al. p7- 8, Restatement of the Law (3rd) Unfair Competition Section 1 p8-9, International News Service v. Associated Press, 248 U.S. 215 (1918) p9-10, Cheney Bros. v. Doris Silk Corp., 35 F.2nd 279 (2nd Cir., 1929) p11-14, Sears, Roebuck & Co. v. Stiffel Co., 376 U.S. 225 (1964) p14, Compco Corp. v. Day-Brite Lighting Co., 376 U.S. 234 (1964) p15-17, Bonito Boats v. Thunder Craft Boats, 489 U.S. 141 (1989) p25-29, What is a trademark, copyright and patent? p29-31, Hanover Star Milling Co. v. Metcalf, 240 U.S. 403 (1916) p31-35, Stork Restaurant Inc. v. Sahati, 166 F.2nd 348 (9th Cir. 1948) p38-40, Champion Spark Plug Co. v. Sanders, 331 U.S. 125 (1947) Traffic Court Clinic - Prof. Cusack Trial Practice – All Sections Read Problem 3.11 from Mauet & Wolfson, Materials in Trial Advocacy, Problems and Cases for class discussion. Also, read Mauet, Fundamental of Trial Techniques. pgs 1-27; The Federal Rules of Evidence; Code of Trial Conduct. The first lecture in this class will be on Friday, September 9th at 12:45 in the MTCT. You MUST attend this lecture. If you do not attend this lecture, your place in the class will be given to a student on the wait list. Your small section meetings begin during the week of September 12th. Before your first meeting, please review the class syllabus which will be emailed to you the week before classes start. Please note that you must attend EVERY small section meeting during the trimester. Trusts & Estates - Prof. Kovacic Please read the following: Introduction California Companion California Probate Code Preliminary Provisions and Definitions General Provisions Class Notes No. 1 Ch 1 Preface & CA Bar Exam Div. 1 Div.2, Part 1 Wrongful Conviction Seminar - Prof. Brooks No first assignments.