Upper Division Assignments - California Western School of Law

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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.
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