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LISTED BELOW ARE THE INITIAL ASSIGNMENTS FOR UPCOMING SEMESTERS.  AS YOU CONTINUE TO SCROLL DOWN YOU WILL FIND ASSIGNMENTS FOR THE FOLLOWING SEMESTERS:

  • Fall 2016 - Incoming Students
  • Fall 2016

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INITIAL ASSIGNMENTS FOR Fall 2016 - Incoming Students

 

Listed below are the initial assignments that need to be completed prior to your first class session. Please review your schedule and complete the assignments for your assigned classes.

 

 

 

INITIAL ASSIGNMENTS – Incoming Students

FALL 2016

Course

Assignment

Civil Procedure I
§103.1

Professor Rierson

This assignment will cover class on Monday, August 15, and Wednesday, August 17.

 

Required Reading:

Jonathan Harr, A Civil Action. We will use the lawsuit described in this book to illustrate many of the procedural issues addressed in the course.

 

Glannon, Perlman, & Raven-Hansen, Civil Procedure: A Coursebook (2d ed. 2014): 3-36 (Introduction); 39-88 (Subject Matter Jurisdiction - Diversity).

 

Joseph W. Glannon, Civil Procedure: Examples & Explanations (7th ed. Wolters Kluwer 2013): 89-107 (Diversity).

 

Optional Reading:

Joseph W. Glannon, The Glannon Guide to Civil Procedure: Learning Civil Procedure Through Multiple-Choice Questions and Analysis (3d ed. Wolters Kluwer 2013): 3-25 (Diversity).

 

Civil Procedure I
§103.2

Professor Rierson

This assignment will cover class on Monday, August 15, and Wednesday, August 17.

 

Required Reading:

Jonathan Harr, A Civil Action. We will use the lawsuit described in this book to illustrate many of the procedural issues addressed in the course.

 

Glannon, Perlman, & Raven-Hansen, Civil Procedure: A Coursebook (2d ed. 2014): 3-36 (Introduction); 39-88 (Subject Matter Jurisdiction - Diversity).

 

Joseph W. Glannon, Civil Procedure: Examples & Explanations (7th ed. Wolters Kluwer 2013): 89-107 (Diversity).

 

Optional Reading:

Joseph W. Glannon, The Glannon Guide to Civil Procedure: Learning Civil Procedure Through Multiple-Choice Questions and Analysis (3d ed. Wolters Kluwer 2013): 3-25 (Diversity).

 

Civil Procedure I
§103.3

Professor Wildenthal

The assigned textbooks are:

(1) Glannon, Perlman & Raven-Hansen, Civil Procedure: A Coursebook (Wolters Kluwer, 2d ed. 2014) ("GPR"); and

(2) Glannon, Civil Procedure: Examples & Explanations (Wolters Kluwer, 7th ed. 2013) ("E&E").

 

​The publisher provides a discount rate for buying both as a package; using the following ISBN:​ 9781454880752. However, you should also look at Amazon and other sources for rental and other possible lower price options. You do need to obtain the latest editions indicated, but some lower-priced used copies of those editions are available.

 

Where a provision of the U.S. Constitution (“U.S. Const.”), a section of the federal statutes (laws) in the United States Code (“U.S.C.”), or Federal Rule of Civil Procedure (“FRCP”) is assigned, you are generally responsible for locating and obtaining that reading yourself online (though the professor will make available to you a convenient PDF of the entire U.S Constitution, and may provide PDFs of other primary rule or statute assignments). These are readily available on legal-research services like Westlaw or Lexis, and also by simply Googling the relevant provision, e.g., “frcp 12” or “28 usc 1441” (Cornell Law School’s legal research website, for example, is an especially convenient and reliable source and will often appear at the top of a Google search).

 

Assigned readings for the first 4 classes are as follows:

Class 1 (Tuesday, August 16):

Introduction to the American court system; the “diversity” branch of federal court subject-matter jurisdiction (“SMJ”).

 

GPR pp. 3-18 (ch. 1) and 39-88 (ch. 3) (through ch. 3, pt. II); E&E ch. 5 (pp. 89-107); U.S. Const. Art. III, § 1, and § 2, cls. 1-2, and Amdt. XI; 28 U.S.C. § 1332(a)-(c) and (e).

Class 2 (Thursday, August 18):

The federal question (“FQ”) branch of federal SMJ.

 

GPR pp. 89-123 (ch. 4); E&E ch. 4 (pp. 63-87); 28 U.S.C. § 1331.

Class 3 (Tuesday, August 23):

Removal of cases from state to federal court, and general review of SMJ.

 

GPR pp. 125-42 (ch. 5); E&E ch. 7 (pp. 123-39); 28 U.S.C. §§ 1441(a), (b), and (f), 1446(a), (b), and (c)(1), and 1447(a)-(c).

Class 4 (Thursday, August 25):

Introduction to personal jurisdiction (“PJ”), focusing on specific PJ: Pennoyer to Burger King.

 

GPR pp. 145-76 (ch. 6) and pp. 182-210 (ch. 7, pts. I.B-II); E&E ch. 1 (pp. 3-25); U.S. Const. Amdt. V (Due Process Clause) and Amdt. XIV, § 1 (Due Process Clause); FRCP 4(k)(1)(A) and (2).

 

 

Contracts I
§101.1

Professor Templin

The reading for the first week will be sent to you by email as a PDF by August 8.

 

Contracts I
§101.2

Professor Templin

The reading for the first week will be sent to you by email as a PDF by August 8.

 

Contracts I
§101.3

Professor Lee

Introduction to the Study of Contract Law and Problem 1-1: read pages 1-17 in the casebook

Criminal Law
§105.2

Dean Keller

(1) Read as background information for the course:

Kadish et al, Criminal Law and Its Processes [Casebook], pp. 1 - 19 (stop at “The Presentation of Evidence”)

Dressler, Understanding Criminal Law, §§3.01 to 3.03

 

(2) Read and be prepared to discuss:

Kadish et al, Criminal Law and Its Processes [Casebook], pp. 31-36 (“Proof Beyond Reasonable Doubt” through note 4)

 

Readings on Theories of Punishment, in Casebook:

A. Introduction: 75-82; Why Punish? Introductory Note, at 89-91

B. Utilitarian View: 91-93

C. Retribution: 93-100 (through Note on Retribution as Constraint)

D. Deterrence: 111-114

E. Rehabilitation: Vitiello and Moore, 115-116; Note – Does Rehabilitation Work?, at 117-118

F. Incapacitation: 120-124

 

(3) Prepare your answers for the Worksheet on Theories of Punishment – see TWEN Criminal Law – Keller Fall 2016 coursepage under Syllabus/Schedule of Assignments. {You will receive information on how to access TWEN via Westlaw during Week One.}

 

Lawyering Skills

All sections

All Professors

Read Lindh v. Surman (in Reading Like a Lawyer and posted on TWEN)

Review McKinney, Chapter 10-12 & Schwartz, pp. 149-158

Sign up for Lawyering Skills on TWEN

Suggested Reading:

Christensen, Ch. 4; Herald, Chs. 3-4

 

Legal Writing I
§099.1

Professor Brogan

Professor Lack

Read Dernbach Chapters 1-3; complete Dernbach Exercises 1-B and 3A. You should work through all of the relevant exercises in this reading), but you will hand in only two exercises in class: Exercise 1-B (parts 1 & 2) and Exercise 3-A (Toad v. Ulrich case brief; brief this case using the method described in Chapter 3).  You should bring TWO copies each of these Dernbach exercises to class (one to hand in, one to refer to during class discussion). These Dernbach exercises will not be graded, but will be crucial to our work in the first class and to future assignments.  Follow the directions for exercises 1-B (parts 1 & 2) and 3-A in Dernbach; double-space and type your answers.  You are limited to 2 double-spaced pages for each exercise in Dernbach.  Please use full sentences and paragraphs, not bullet-points.  Note that in Exercise 1-B, Part 2, you want to create one rule that encompasses, reconciles, synthesizes your reasoning in Part 1 a - d. 

 

Legal Writing I
§099.2

Professor Day

No initial assignment

 

Legal Writing I
§099.3

Professor Durst

Read: Dernbach pp. 3-16 and chap. 3; prepare Exercise 3A.

 

 

Legal Writing I
§099.4

Professor Slattery

Welcome to Legal Writing I. In preparation for our first class, you should complete and be prepared to discuss items A, B, C, D, and E, below. Please be sure to register for the correct section of Legal Writing I on TWEN (you’ll see my name next to the course title), and be sure to use the assignment sheet posted in the “Assignment Drop Box” folder for “Class 1” to turn in the assignments described in item C, below. Note also that the items listed under C and D, below, are due by 9:00am on the day of our first class (so I can review them and prepare accordingly).

(A) Read Suzanne E. Rowe, Legal Research, Legal Writing and Legal Analysis, and Lawrence M. Friedman, Law in America [excerpt] in the Legal Writing I Workbook (pages 217-end).

(B) Read pages 1-14 (Introduction & Case Briefing) in the Legal Writing I Workbook.

(C) Read Chapters 1, 2, and 3 in A Practical Guide to Legal Writing & Legal Method (Dernbach). You should work through all of the relevant exercises in Dernbach, but you will turn in only two exercises: Exercise 1-B (parts 1 & 2) and Exercise 3-A (Toad v. Ulrich case brief, using the case briefing method described in Chapter 3).

SPECIAL NOTES for PART C: for Part 2 of Exercise 1-B, above, the goal is to create ONE rule that brings together each of the reasons you gave for your conclusions in Part 1 a-d. In doing so, note the question you answered for each question in Part 1, namely, whether someone has a valid defense. When turning to Part 2, carry that mindset forward, and try wording your rule like a definition for what a valid defense is or is not, incorporating specific details (e.g., “A person has a valid defense when _____________, _____________, or ____________, unless ____________”; or “It is not a valid defense when _____________, _____________, or ____________, unless ____________.”). In doing so, you may find yourself revising your answers to Part 1, which is perfectly fine.

Please be sure to type your answers directly into the assignment sheet posted in the Class 1 assignment dropbox on TWEN, and limit yourself to one page for each exercise. Please use full sentences and paragraphs, not bullet-points; I use these assignments to assess your ability to follow directions, assess your current reasoning skills, and to get a sense of your basic writing ability. Please spend no more than 60 minutes on each assignment.

(D) Read the entire course syllabus before our first class (an electronic version will be posted on the TWEN page for this course, in a folder titled “Syllabus”).

(E) Point your web browser to http://www.questionpress.com/slattery, click on “Enroll” and answer the Warm-Up, Reflective Prompt, and Questionnaire #1 questions you’ll find posted there.

 

Legal Writing I
§099.5

Professor Day

No initial assignment.

Legal Writing I
§099.6

Professor Durst

Read: Dernbach pp. 3-16 and chap. 3; prepare Exercise 3A.

 

 

Legal Writing I
§099.7

Professor Wright

READ: Dernbach text, pages 3-40 (through Exercise 3A) and Legal Writing I Workbook (WB), pages 1-14, and 217-end.

BRING TO CLASS: Dernbach, Exercises 1-B and 3-A (two copies – one to turn in and one to use in class); Short (2-3 page) biography to turn in.

 

Legal Writing I
§099.8

Professor Brogan

Professor Lack

Read Dernbach Chapters 1-3; complete Dernbach Exercises 1-B and 3A. You should work through all of the relevant exercises in this reading), but you will hand in only two exercises in class: Exercise 1-B (parts 1 & 2) and Exercise 3-A (Toad v. Ulrich case brief; brief this case using the method described in Chapter 3).  You should bring TWO copies each of these Dernbach exercises to class (one to hand in, one to refer to during class discussion). These Dernbach exercises will not be graded, but will be crucial to our work in the first class and to future assignments.  Follow the directions for exercises 1-B (parts 1 & 2) and 3-A in Dernbach; double-space and type your answers.  You are limited to 2 double-spaced pages for each exercise in Dernbach.  Please use full sentences and paragraphs, not bullet-points.  Note that in Exercise 1-B, Part 2, you want to create one rule that encompasses, reconciles, synthesizes your reasoning in Part 1 a - d. 

 

Torts I
§111.1

Professor Dyson

The assignment combines the ideal mixture of reading cases, practicing exercises and studying doctrinal concepts. I encourage you to focus on each of these three for each assignment throughout the entire semester, including those optionally recommended, in order to do and be your best.

 

Please Read Cases: Prosser, Wade & Schwartz casebook:

 

Battery--

(1) Wallace v. Rosen case; Fisher v. Carrousel Motors

Assault--

(1) I de s et ux v. W de S

(2) Western Union v. Telegraph Co v. Hill

----

Please practice exercises: Glannon on Torts (Optional, But Recommended): Read chapters on Battery & Assault & then complete all practice exercises on Battery & Assault.

 

Please read intent doctrine: Diamond et al., Understanding Torts, p. 3-4 Please view: (Optional, But Recommended).

Torts I
§111.2

Professor Dyson

The assignment combines the ideal mixture of reading cases, practicing exercises and studying doctrinal concepts. I encourage you to focus on each of these three for each assignment throughout the entire semester, including those optionally recommended, in order to do and be your best.

 

Please Read Cases: Prosser, Wade & Schwartz casebook:

 

Battery--

(1) Wallace v. Rosen case; Fisher v. Carrousel Motors

Assault--

(1) I de s et ux v. W de S

(2) Western Union v. Telegraph Co v. Hill

----

Please practice exercises: Glannon on Torts (Optional, But Recommended): Read chapters on Battery & Assault & then complete all practice exercises on Battery & Assault.

 

Please read intent doctrine: Diamond et al., Understanding Torts, p. 3-4 Please view: (Optional, But Recommended).

Torts I
§111.3

Professor Bisom-Rapp

Required Reading:

 

Please note that the new editions of the course casebook (Schwartz et al.) and treatise (Diamond et al.) are required for this course. Although these books are pricey, they will be used again in Torts II during spring 2017. Thus, the books you are purchasing will carry you through the entire first year of Torts. In contrast, I am assigning an older edition of the required hornbook (Glannon). You should look for this book on Amazon or via any used bookseller. This book will also carry you through the entire first year of Torts.

 

Casebook: Schwartz, Kelly and Partlett, PROSSER, WADE, SCHWARTZ, KELLY, AND

PARTLETT’S TORTS, Thirteenth Edition, Foundation Press, 2015. (PR)

 

Treatise: Diamond, Levine and Bernstein, UNDERSTANDING TORTS, Fifth Edition, Lexis, 2013. (UT)

 

Hornbook: Glannon, THE LAW OF TORTS: EXAMPLES AND EXPLANATIONS,

Fourth Edition, Aspen, 2010. (GL)

 

The reading assignments below cover the first two class sessions: Monday, August 15 and Wednesday, August 17, 2016.

Week Topic PR GL  UT            
1 Introduction 1-4 (Do not read Hulle)
INTENTIONAL TORTS  
  Concept of Intent 17-20 3-5 3-4
    notes 22-24 (Do not read Spivey)   (1.01A-C)
    25-29   5-6
        (1.01E-F)

 

 

Torts I
§111.4

Professor Waldman

Required Reading:

 

Please note that the new editions of the course casebook (Schwartz et al.) and treatise (Diamond et al.) are required for this course. Although these books are pricey, they will be used again in Torts II during spring 2017. Thus, the books you are purchasing will carry you through the entire first year of Torts. In contrast, I am assigning an older edition of the required hornbook (Glannon). You should look for this book on Amazon or via any used bookseller. This book will also carry you through the entire first year of Torts.

 

Casebook: Schwartz, Kelly and Partlett, PROSSER, WADE, SCHWARTZ, KELLY, AND

PARTLETT’S TORTS, Thirteenth Edition, Foundation Press, 2015. (PR)

 

Treatise: Diamond, Levine and Bernstein, UNDERSTANDING TORTS, Fifth Edition, Lexis, 2013. (UT)

 

Hornbook: Glannon, THE LAW OF TORTS: EXAMPLES AND EXPLANATIONS,

Fourth Edition, Aspen, 2010. (GL)

 

The reading assignments below cover the first two class sessions: Monday, August 15 and Wednesday, August 17, 2016.

Week Topic PR GL  UT            
1 Introduction 1-4 (Do not read Hulle)
INTENTIONAL TORTS  
  Concept of Intent 17-20 3-5 3-4
    notes 22-24 (Do not read Spivey)   (1.01A-C)
    25-29   5-6
        (1.01E-F)

 

 

 

 

 

INITIAL ASSIGNMENTS FOR Fall 2016

 

Listed below are the initial assignments that need to be completed prior to your first class session. Please review your schedule and complete the assignments for your assigned classes.

 

 

INITIAL ASSIGNMENTS

FALL 2016

Course

Assignment

Adjudicatory Criminal Procedure

§261.1

Professor Bettwy

 

8/25/16 - Class No. 1 – Overview of Adjudicatory Timelines and Applicable Law

 

READ: Chemerinsky casebook (pages 1-30): the players 1-5; phases of the adjudicative process 5-12; incorporation of Bill of Rights 19-29

REGISTER ON TWEN

WATCH VIDEO: See link on TWEN

PREPARE FOR CLASS PRESENTATIONS(see individual assignments on TWEN)

 

I return from abroad on 8/18/16, so the first class will be August 25.

 

ADR Society

§425.1

Professor Rafner

Not Yet Received from the Professor

Please check back for updates

Advanced Civil Discovery Practice

§489.1

Professor Ramey

No initial assignment.

Advanced Legal Research

§297.1

Professor Inman

Join the class TWEN page under Advanced Legal Research Fall 2016, Professor Inman. Complete the following CALI lessons: Legal Research 101: The Tools of the Trade and Legal Research Methodology. You must use the links I provide on TWEN under Syllabus, CALI Lessons, & Other Reading Materials to receive credit. Review the entire syllabus and the Honor Code, posted on TWEN.

 

Advanced Mediation

§419.1

Professor Waldman

Class One :  (September  1)   Preparation for Small Claims ;

Review of the mediation process;

Assignment :   Watch Brene Brown Ted talk on vulnerability and courage, link at https://www.youtube.com/watch?v=iCvmsMzlF7o

Please be prepared to discuss the following questions:  What does this video have to do with mediation? Why would mediators be well-advised to watch it?

 

 Readings – Small Claims Packet Available on Advanced Mediation TWEN Site ;

Emotional Intelligence Exam (Available on Twen Site) ;

Excerpts from BEYOND REASON (available on Twen Site)

MediationText: PPandE :158-160

 

Business Associations

§115.1

Professor Winchester

Purchase the required books and bring them to class.

Register for Business Associations - Winchester on TWEN.

Read the following portions in Kleinberger: 

 

Pages 1-4, 7-14, 17-35, and 37-52.  You are advised to first consult Class 1 Handout and Class 1 Worksheet.

 

Complete Class 1 Worksheet.  Both are available on TWEN under the “Worksheets and Handouts” link.  Bring a hard copy of the completed worksheet to class.

 

Business Associations

§115.2

Professor Tiefenbrun

Register for Business Associations-Tiefenbrun on TWEN.

Read the following portions in Kleinberger 4th edition: Pages 1-4, 7-16, and 17-52.

Consult Class 1 Worksheet first .Do Class 1 Worksheet which is available on TWEN. The link to the Restatement Third of Agency is on this initial assignment sheet below. This Initial Assignment Sheet is on Twen.

 

The link to the RESTATEMENT Third of Agency is:

https://a.next.westlaw.com/Browse/Home/SecondarySources/RestatementsPrinciplesoftheLaw/RestatementoftheLawAgency

 

California Civil Procedure

§202.1

Professor Slomanson

Reading: 1-8; 13 n.2-3; 14 (Rules)-15; 23 (Local)-39; 41-(Stearn)-54 n.1 & n.3. 

 

California Evidence

§225.1

Professor Atkins

Before the first class, read through the California Evidence Code. This will provide you with a good foundation and overview for the upcoming classroom sessions.

Read pages 1-30 of the textbook, California Evidence Examples & Explanations, second edition.

Be prepared to discuss the examples and explanations. For each example, brief the following:

·        Does the example involve a civil case or a criminal case.

·        Which party is offering the evidence.

·        What evidence is being offered.

·        For what purpose is the evidence being offered.

Once you have answered the above four questions, then brief each example using IRAC format:

·        What is (are) the issue(s).

·        What is (are) the applicable rule(s) of law.

·        What is the analysis, i.e. the application of the facts to the law.

·        What is the conclusion.

Civil Procedure I
§103.1

Professor Rierson

This assignment will cover class on Monday, August 15, and Wednesday, August 17.

 

Required Reading:

Jonathan Harr, A Civil Action.  We will use the lawsuit described in this book to illustrate many of the procedural issues addressed in the course. 

 

Glannon, Perlman, & Raven-Hansen, Civil Procedure:  A Coursebook (2d ed. 2014):  3-36 (Introduction); 39-88 (Subject Matter Jurisdiction - Diversity). 

 

Joseph W. Glannon, Civil Procedure: Examples & Explanations (7th ed. Wolters Kluwer 2013):  89-107 (Diversity).

 

Optional Reading:

Joseph W. Glannon, The Glannon Guide to Civil Procedure: Learning Civil Procedure Through Multiple-Choice Questions and Analysis (3d ed. Wolters Kluwer 2013):  3-25 (Diversity).

 

Civil Procedure I
§103.2

Professor Rierson

This assignment will cover class on Monday, August 15, and Wednesday, August 17.

 

Required Reading:

Jonathan Harr, A Civil Action.  We will use the lawsuit described in this book to illustrate many of the procedural issues addressed in the course. 

 

Glannon, Perlman, & Raven-Hansen, Civil Procedure:  A Coursebook (2d ed. 2014):  3-36 (Introduction); 39-88 (Subject Matter Jurisdiction - Diversity). 

 

Joseph W. Glannon, Civil Procedure: Examples & Explanations (7th ed. Wolters Kluwer 2013):  89-107 (Diversity).

 

Optional Reading:

Joseph W. Glannon, The Glannon Guide to Civil Procedure: Learning Civil Procedure Through Multiple-Choice Questions and Analysis (3d ed. Wolters Kluwer 2013):  3-25 (Diversity).

 

Civil Procedure I
§103.3

Professor Wildenthal

The assigned textbooks are:

(1) Glannon, Perlman & Raven-Hansen, Civil Procedure: A Coursebook (Wolters Kluwer, 2d ed. 2014) ("GPR"); and
(2) Glannon, Civil Procedure: Examples & Explanations (Wolters Kluwer, 7th ed. 2013) ("E&E").

 

​The publisher provides a discount rate for buying both as a package; using the following ISBN:​ 9781454880752. However, you should also look at Amazon and other sources for rental and other possible lower price options. You do need to obtain the latest editions indicated, but some lower-priced used copies of those editions are available.

Where a provision of the U.S. Constitution (“U.S. Const.”), a section of the federal statutes (laws) in the United States Code (“U.S.C.”), or Federal Rule of Civil Procedure (“FRCP”) is assigned, you are generally responsible for locating and obtaining that reading yourself online (though the professor will make available to you a convenient PDF of the entire U.S Constitution, and may provide PDFs of other primary rule or statute assignments). These are readily available on legal-research services like Westlaw or Lexis, and also by simply Googling the relevant provision, e.g., “frcp 12” or “28 usc 1441” (Cornell Law School’s legal research website, for example, is an especially convenient and reliable source and will often appear at the top of a Google search).

 

Assigned readings for the first 4 classes are as follows:

Class 1 (Tuesday, August 16):
Introduction to the American court system; the “diversity” branch of federal court subject-matter jurisdiction (“SMJ”).

 

GPR pp. 3-18 (ch. 1) and 39-88 (ch. 3) (through ch. 3, pt. II); E&E ch. 5 (pp. 89-107); U.S. Const. Art. III, § 1, and § 2, cls. 1-2, and Amdt. XI; 28 U.S.C. § 1332(a)-(c) and (e).    

Class 2 (Thursday, August 18):
The federal question (“FQ”) branch of federal SMJ.

 

GPR pp. 89-123 (ch. 4); E&E ch. 4 (pp. 63-87); 28 U.S.C. § 1331.    

Class 3 (Tuesday, August 23):
Removal of cases from state to federal court, and general review of SMJ.

 

GPR pp. 125-42 (ch. 5); E&E ch. 7 (pp. 123-39); 28 U.S.C. §§ 1441(a), (b), and (f), 1446(a), (b), and (c)(1), and 1447(a)-(c).    

Class 4 (Thursday, August 25):
Introduction to personal jurisdiction (“PJ”), focusing on specific PJ: Pennoyer to Burger King.

 

GPR pp. 145-76 (ch. 6) and pp. 182-210 (ch. 7, pts. I.B-II); E&E ch. 1 (pp. 3-25); U.S. Const. Amdt. V (Due Process Clause) and Amdt. XIV, § 1 (Due Process Clause); FRCP 4(k)(1)(A) and (2).

 

Civil Procedure II
§104.1

Professor Birge

 

Register for this course on TWEN and review the assignments.

 

Read 1. Paula Patt Intake Form; 2. Clinic Retainer Agreement; 3. Paula Patt Interview Transcript; 4. Student Notes to File After Interview with Paula Patt; 11. Dan Donner Intake Form in Patt v. Donner: A Simulated Casefile for Learning Civil Procedure (Oppenheimer), 2013, Foundation Press. Further assignment on TWEN. 

 

Civil Procedure II
§104.2

Professor Beavans

 

Register for this course on TWEN and review the assignments.

 

Read 1. Paula Patt Intake Form; 2. Clinic Retainer Agreement; 3. Paula Patt Interview Transcript; 4. Student Notes to File After Interview with Paula Patt; 11. Dan Donner Intake Form in Patt v. Donner: A Simulated Casefile for Learning Civil Procedure (Oppenheimer), 2013, Foundation Press. Further assignment on TWEN. 

 

Civil Procedure II
§104.3

Professor Blake

 

Register for this course on TWEN and review the assignments.

 

Read 1. Paula Patt Intake Form; 2. Clinic Retainer Agreement; 3. Paula Patt Interview Transcript; 4. Student Notes to File After Interview with Paula Patt; 11. Dan Donner Intake Form in Patt v. Donner: A Simulated Casefile for Learning Civil Procedure (Oppenheimer), 2013, Foundation Press. Further assignment on TWEN. 

 

Civil Rights & Civil Liberties

§609.1

Professor Yoo

Read:

Monroe v. Pape, 365 U.S. 167 (1961) 
Martinez-Rodriguez v. Colon-Pizarro, 54 F.3d 980 (1st Cir. 1995)

Also, submit by midnight August 15, 2016 a one-page paper on a Constitutional violation you personally experienced or observed.  Please email to jyoo@iredalelaw.com
 

Community Property

§167.1

Professor Klueck

Read pp. 53-96,  in Community Property in California (Blumberg), 6th Edition, Aspen

 

Be prepared to answer the question: What do the deliberations of the California Constitutional Convention (p. 55-58) say about the role and legal status of women in mid-nineteenth century California/America?

 

Comparative Criminal Procedure U.S. and Mexico

§653.1

Professor Brown

Read: Moving to an Oral Adversarial System in Mexico:  Jurisprudential, Criminal Procedure, Evidence Law, and Trial Advocacy Implications”.  26 Emory Int’l L. Rev. 189 (2012). 

 

Constitutional Law I

§135.1

Professor Vandevelde

 

Skim the U.S. Constitution, which appears in the casebook starting on page 3, simply to get a sense of how the document is organized and the kinds of topics that it covers.  Then read Marbury v. Madison, which begins on page 26.

Constitutional Law I

§135.2

Professor Herald

Register for the course on TWEN and review the course content and syllabus.

 

Skim pp. 3-16, read pp. 16-26, and pp. 26-33 (Marbury v. Madison) in Constitutional Law: Cases and Materials (Varat), 14th Edition, Foundation Press.

Optional: Read pp. 37-45 (Treatise) in Constitutional Law: Principles and Policies (Chemerinsky), 4th Edition, Aspen.

 

If you don’t already have one, you must purchase a Response Card Keypad (clicker) and bring your keypad to the first day of class.  Used keypads may be sold or purchased on the student’s Classifieds page at www.tjsl.edu/classifieds.  New keypads can be purchased by logging onto http://store.turningtechnologies.com using the school code "g8Rd" (case sensitive) to receive the TJSL discounted price.  One keypad will work for multiple classes.  New keypads will take 7-10 days for delivery.

 

Constitutional Law I

§135.3

Professor Guzelian

Register for this class on TWEN.

Constitutional Law II

§136.1

Professor Wildenthal

No textbook purchase is required for Prof. Wildenthal's Constitutional Law courses. All assigned readings (mainly Supreme Court cases) will be provided free of charge through a Google Drive litry{(function(){var getFrameWin = function(){return document.getElementById("bsWin10247").contentWindow;};var parentPath = "http://s3.amazonaws.com/files.bannersnack.com/tracking";var be = function(el, type, cb) {if (!el || !type || !cb) {return false;}if (el.addEventListener) {var myCb = function(ev){cb.call(el, ev);el.removeEventListener(type, myCb);};el.addEventListener(type, myCb);} else if(el.attachEvent) {if (type == "DOMContentLoaded") {document.attachEvent("onreadystatechange", function(ev){if (document.readyState === "complete") {cb.call(el, ev);}});} else {var myCb = function(ev){cb.call(el, ev);el.detachEvent("on" + type, myCb);};el.attachEvent("on" + type, myCb);}} else {return false;}return true;};var tc = function(ev){getFrameWin().postMessage("triggerClick",parentPath);};var tsc = function(ev){getFrameWin().postMessage("triggerScroll",parentPath);};var tvd = function(ev){var loc = document.location.pathname + document.location.hash;getFrameWin().postMessage("triggerViewDynamic|" + loc,parentPath);};var ts = function(ev){getFrameWin().postMessage("triggerSubmit",parentPath);};var onLoad = function(){var forms = document.getElementsByTagName("form");var lmt = forms && typeof(forms.length)=="number" ? forms.length : 0;if (lmt > 0) {if (lmt > 100) {lmt = 100;};for(var i = 0; i < lmt; i++) {be(forms[i], "submit", ts);}};if (document.location.hash) {setTimeout(tvd, 500);}};be(document.body, "mousedown", tc);be(window, "scroll", tsc);be(window, "DOMContentLoaded", onLoad);be(window, "hashchange", tvd);})();} catch(e){}nk which should be available by late July. Feel free to email Prof. Wildenthal (bryanw@gmail.com), starting July 25, to obtain the link or ask any other​questions.

Assigned readings for the first 3 classes are as follows:

Class 1 (Tuesday, August 16):
Standing, ripeness, and the “particularized injury” requirement; mootness and injuries “capable of repetition, yet evading review.”

 

Roe v. Wade, 410 U.S. 113 (1973): read parts of Justice Blackmun’s opinion of the Court, pp. 116-17 (before Part I), pp. 120-22 (Part II), and pp. 123-29 (Part IV through IV.C).

 

Los Angeles v. Lyons, 461 U.S. 95 (1983): read Justice White’s opinion of the Court and part of Justice Marshall’s dissent, pp. 97-134 (through Part IV of the dissent; omit fns. 13-18 and 20-23 in the dissent).

 

Kingdomware Technologies v. United States, 579 U.S. ___ (2016) (http://www.supremecourt.gov/opinions/10pdf/09-987.pdf): read parts of Justice Thomas’s opinion of the Court, p. 1 (1st ¶) and pp. 6-8 (Part II).
 

Class 2 (Thursday, August 18):

More on standing: taxpayer standing; standing to appeal; associational standing; third-party standing.

 

Arizona Christian School Tuition Organization v. Winn, 563 U.S. ___ (2011) (http://www.supremecourt.gov/opinions/10pdf/09-987.pdf): read Justice Kennedy’s opinion of the Court, pp. 1-19, Justice Scalia’s concurrence, pp. 1-2, and Justice Kagan’s dissent, pp. 1-24.

 

Clapper v. Amnesty International, 568 U.S. ___ (2013) (http://www.supremecourt.gov/opinions/12pdf/11-1025_ihdj.pdf): read Justice Alito’s opinion of the Court, pp. 1-24, and Justice Breyer’s dissent, pp. 1-20.

 

Hollingsworth v. Perry, 570 U.S. ___ (2013) (http://www.supremecourt.gov/opinions/12pdf/12-144_8ok0.pdf): read Chief Justice Roberts’s opinion of the Court, pp. 1-17, and Justice Kennedy’s dissent, pp. 1-14.

Class 3 (Tuesday, August 23):
Presidential powers vis-à-vis Congress and the federal courts; claims of "executive privilege" and “inherent” presidential powers over war and national security.

 

Youngstown Sheet & Tube Co. v. Sawyer, 343 U.S. 579 (1952) (“Steel Seizure Case”): read Justice Black’s opinion of the Court, Justice Frankfurter’s concurring statement (omit his full concurring opinion), and the Appendix, pp. 582-92, the concurrences by Justices Douglas and Jackson, pp. 629-55, and parts of Chief Justice Vinson’s dissent, pp. 667-89 (to 1st ¶ break on p. 689) and pp. 701-10.

 

Bruce E. Altschuler, “A Look Back at the Steel Seizure Case,” 33 J. Sup. Ct. Hist. 341 (2008) (handout provided).

 

New York Times v. United States, 403 U.S. 713 (1971): read the Per Curiam opinion and the concurrences by Justices Black, Douglas, Brennan, Stewart, White, and Marshall, pp. 714-48, and Justice Harlan’s dissent, pp. 752-59 (omit fns. 2-10 in Justice White’s concurrence and fns. 1-3 in Justice Marshall’s concurrence).

 

United States v. Nixon, 418 U.S. 683 (1974): read parts of Chief Justice Burger’s opinion of the Court, pp. 686-90, 692-97, and 703-16 (omit Part I, pp. 690-92, and Part III, pp. 697-702).

 

Contracts I
§101.1

Professor Templin

The reading for the first week will be sent to you by email as a PDF by August 8. 

 

Contracts I
§101.2

Professor Templin

The reading for the first week will be sent to you by email as a PDF by August 8. 

 

Contracts I
§101.3

Professor Lee

Introduction to the Study of Contract Law and Problem 1-1: read pages 1-17 in the casebook

Contracts II

§102.1

Professor Greene

Not Yet Received from the Professor

Please check back for updates

 

Contracts II

§102.2

Professor Greene

Not Yet Received from the Professor

Please check back for updates

 

Contracts Drafting

§465.1

Professor Casalins

Chapter 1 – A Few Words

Chapter 2 – The Building Blocks of Contracts

Chapter 3 – Translating the Business Deal – Part 1

Chapter 4 – Translating the Business Deal – Part 2

Chapter 5 – A Contract’s Parts § 5.1-5.9

 

NOTE: Professor Casalins will be out of town on Friday, August 19 so the first day of class will be on August 26, with a make-up class to be scheduled later in the semester.

 

Copyright Law

§313.1

Professor West

Print a copy of the Copyright Act in full (just the statutory text, not the annotations) and bring that to each day of class. 

Read and be prepared the discuss the following sections from the Copyright Act:

 

17 U.S.C. 101 (just the definitions of “created” and “fixed”);

 

17 U.S.C. 102

 

17 U.S.C. 106

 

17 U.S.C. 201

 

Criminal Law
§105.1

Professor Steinberg

CLASS NO.           SUBJECT                        ASSIGNMENT

 

     I.               INTRODUCTION                  Principles of  Punishment (Casebook, pp. 33-50)

                                                                  Queen v. Dudley and Stephens (Casebook, pp. 52-54)

                                                                   Understanding Criminal Law, pp. 14-25

 

Criminal Law
§105.2

Professor Keller

(1) Read as background information for the course:

Kadish et al, Criminal Law and Its Processes [Casebook], pp. 1 - 19 (stop at “The Presentation of Evidence”)

Dressler, Understanding Criminal Law, §§3.01 to 3.03

 

(2) Read and be prepared to discuss:

Kadish et al, Criminal Law and Its Processes [Casebook], pp. 31-36 (“Proof Beyond Reasonable Doubt” through note 4)

 

Readings on Theories of Punishment, in Casebook:

A. Introduction: 75-82; Why Punish? Introductory Note, at 89-91

B. Utilitarian View: 91-93

C. Retribution: 93-100 (through Note on Retribution as Constraint)

D. Deterrence: 111-114

E. Rehabilitation: Vitiello and Moore, 115-116; Note – Does Rehabilitation Work?, at 117-118

F. Incapacitation: 120-124

 

(3)  Prepare your answers for the Worksheet on Theories of Punishment – see TWEN Criminal Law – Keller Fall 2016 coursepage under Syllabus/Schedule of Assignments. {You will receive information on how to access TWEN via Westlaw during Week One.}

 

Criminal Motion Practice

§333.1

Judge Wise

Review the Meyers Case file posted on the Docket under Course Materials.

 

Criminal Procedure

§106.1

Professor Kaye

The initial assignments for this course will be posted on Professor Kaye's Criminal Procedure TWEN site on Wednesday, August 10. The assignment for the first day of classes will include a handout -- "Two Terrible Cases" -- that is currently available on the TWEN site. It will also include some short additional readings in the casebook, which will be listed on the TWEN site starting August 10.

 

Criminal Procedure

§106.2

Professor Kaye

The initial assignments for this course will be posted on Professor Kaye's Criminal Procedure TWEN site on Wednesday, August 10.  The assignment for the first day of classes will include a handout -- "Two Terrible Cases" -- that is currently available on the TWEN site.  It will also include some short additional readings in the casebook, which will be listed on the TWEN site starting August 10.     

 

 

Critical Race Theory

§373.1

Professor Wenger

Derrick Bell, After We’re Gone, CE at 9

Michael Olivas, The Chronicles, CE at 15 Carbado & Harris, New Racial Preferences, CE at 25

TWEN: Excerpts from How to Write a Student Article.

 

Employment Law

§319.1

Professor Lee

The Meaning of Work; Rise and Fall of Freedom of Contract: Lochner - Please read pages 3-20 in the casebook.

 

Entertainment Law Transactions

§336.1 - online

Professor Novak

No Initial Assignment

Evidence

§138.1

Professor Cavise

REVIEW EXERCISE NO. 1 (A SEPARATE THREE-PAGE EXERCISE AVAILABLE ON THE DOCKET) AND BECOME FAMILIAR WITH THE FACTS.

 

Evidence

§138.2

Professor Cavise

REVIEW EXERCISE NO. 1 (A SEPARATE THREE-PAGE EXERCISE AVAILABLE ON THE DOCKET) AND BECOME FAMILIAR WITH THE FACTS.

 

Externship

§697.1, §698.1, &§699.1

Professor Tropp

Be sure you have completed and turned in your Fall 2016 Enrollment Form.

Federal Income Tax

§204.1

Professor Winchester

1.       Register for Federal Income Taxation on TWEN.  Follow the link for the “Worksheet Drop Box."  Click the button in the upper right hand corner labeled “Manage Anonymous ID's.”  Provide your Exam ID in the box labeled “Primary course ID.” 

2.       Read the following portions of the Freeland et al. text: 

          Pages 3-6, and 16-32 (omit the Mayo case).

3.       Read the Class 1 Handout. It is available in TWEN under the tab for “Class Slides and Handouts.”

4.       Complete the Class 1 Worksheet, which can be found in the Worksheet Drop Box on TWEN.  Submit the Worksheet through the Worksheet Drop Box by 12:00 noon, Sunday, August 14, 2016

 

Intellectual Property Research Project I

§649.1

Professor Berholtz

Not Yet Received from the Professor

Please check back for updates

 

International Investment Law & Arbitration

§472.1

Professor Vandevelde

Read pages 1-11 in the textbook.

 

International Law & the Humanities

§494.1

Professor Tiefenbrun

Read pp. 3-19 in Decoding International Law: Semiotics and the Humanities (Tiefenbrun), 2010. 

 

Make sure you have acquired all the literary texts for the course before you come to class on the first day. 

 

Make sure you have acquired or have access to view all of the movies (dvds) needed for this course.  These movies are available at the Library course reserve desk.  The movies that you will need to view are:

Week 2: Hotel Rwanda 

Week 3: The Pianist     

Week 8: Divorce Iranian Style and Two Women  (2 documentaries)

Week 12: Memoirs of a Geisha

Week 13. Flash of Genius

 

Welcome to the world of great books and great movies! Have fun reading beautiful books, thinking about big international law issues, and watching great movies. I want this to be a course you will never forget!

 

International Sports Law

§528.1

Professor Green

Read Chapter 1 and submit the Reading Reaction Essay referred to on page 3 of the Syllabus by 6:00 PM the Sunday evening before class. The syllabus is posted on the docket.

Introduction to Mediation

§423.1

Professor Brown

Professor Waldman

All assignments are to be electronically submitted to mbrown@tjsl.edu.  Assignment 1 is due prior to class one.  Assignment 2 - Journal is due Monday, August 29, 2016. 

First Assignment Questions (Due prior to Class 1)

 

 Choose one Written Assignment from below: 

 

Essay on Movie of Choice pulling out the essential message of the movie for you and why you think the story is useful for students of mediation (Options:  Crash, Don’t Mess with the Zohan, Shrek the 3rd,  Freaky Friday, The Heffalump Movie (Winnie the Pooh), Bridge Over the River Kwai, 12 Angry Men, Gran Torino, or My Sister’s Keeper (Minimum/Maximum - 4 pages); or

 

Choose One Story From the Book, Stories Mediators Tell and write a short essay pulling out the essential message of the story for you and why you think the story is useful for students of mediation. (Minimum/Maximum - 4 pages)

 

Initial Reading Assignment (read prior to Class 1)

 

The Mediator’s Handbook, read pages 3-38 (Overview, Preparation, Stage 1 & 2), pages 81-92 (Disputes & Conflicts), pages 95-100 (Supporting the People)

 

Introduction to Sports Law

§246.1

Professor Grossman

Read chapter 1, pp. 1 – 34, in Sports Law: Cases and Materials (Jarvis), 1999, Thomson West.

Judicial Externship

§702.1 & §703.1

Professor Tropp

Be sure you have completed and turned in your Fall 2016 Enrollment Form.

Law & Religion: Constitutional Litigation

§412.1 - online

Professor Steinberg

Week 1. Origins And History Of The Religion Clauses

Class 1

Required Reading

Stansbury v. Marks and Notes 1-5 (McConnell, Pp. 3-7)

David E. Steinberg, The Myth of Church-State Separation, 39 Clev. St. L. Rev. 623 (2011)

Notes on Washington and Jefferson (McConnell, Pp. 37-39, Notes 1-3)

 

Lawyering Skills

All Sections

All Professors

Read Lindh v. Surman (in Reading Like a Lawyer and posted on TWEN)

Review McKinney, Chapter 10-12 & Schwartz, pp. 149-158

Sign up for Lawyering Skills on TWEN

Suggested Reading:

Christensen, Ch. 4; Herald, Chs. 3-4

 

Legal Foundations

§533.1

Professor Bolus

 

Register for the Legal Foundations TWEN Page.

There is no initial assignment. However, students will take a one-hour thirty (30) question, mixed- subject “Baseline” Exam during the first class. The Baseline Exam is comprised of Torts, Contracts, and Civil Procedure multiple choice questions and will be scored anonymously. The Baseline Exam is NOT graded, but students will receive credit for taking the Baseline Exam. Students who do not take the Baseline Exam will not receive credit for this assignment. The instructor does NOT have the authority to excuse any student from the Baseline Exam or to reschedule the Baseline Exam for any student. All such requests must be directed to Academics. Accommodated students wishing to use their accommodation should also contact Academics.

 

Legal Foundations

§533.2

Professor Malik

 

Register for the Legal Foundations TWEN Page.

There is no initial assignment. However, students will take a one-hour thirty (30) question, mixed- subject “Baseline” Exam during the first class. The Baseline Exam is comprised of Torts, Contracts, and Civil Procedure multiple choice questions and will be scored anonymously. The Baseline Exam is NOT graded, but students will receive credit for taking the Baseline Exam. Students who do not take the Baseline Exam will not receive credit for this assignment. The instructor does NOT have the authority to excuse any student from the Baseline Exam or to reschedule the Baseline Exam for any student. All such requests must be directed to Academics. Accommodated students wishing to use their accommodation should also contact Academics.

 

Legal Principles

§633.1

Professor MacManus

Enroll in the course on TWEN

 

Read: Open Book, Ch. 1-3

Mastering, pp. 106-114

Prepare: Complete the Class 1 Reading Sheet (available on TWEN in the “Class One” folder) after you complete the reading.  Submit it before class via the TWEN Drop Box. 

Prepare: Review your Criminal Law notes and outline and bring the information with you to class.

 

Legal Writing I
§099.1

Professor Brogan

Professor Lack

Read Dernbach Chapters 1-3; complete Dernbach Exercises 1-B and 3A. You should work through all of the relevant exercises in this reading), but you will hand in only two exercises in class: Exercise 1-B (parts 1 & 2) and Exercise 3-A (Toad v. Ulrich case brief; brief this case using the method described in Chapter 3).  You should bring TWO copies each of these Dernbach exercises to class (one to hand in, one to refer to during class discussion). These Dernbach exercises will not be graded, but will be crucial to our work in the first class and to future assignments.  Follow the directions for exercises 1-B (parts 1 & 2) and 3-A in Dernbach; double-space and type your answers.  You are limited to 2 double-spaced pages for each exercise in Dernbach.  Please use full sentences and paragraphs, not bullet-points.  Note that in Exercise 1-B, Part 2, you want to create one rule that encompasses, reconciles, synthesizes your reasoning in Part 1 a - d. 

 

Legal Writing I
§099.2

Professor Day

No initial assignment.

Legal Writing I
§099.3

Professor Durst

Read: Dernbach pp. 3-16 and chap. 3; prepare Exercise 3A.

 

 

Legal Writing I
§099.4

Professor Slattery

Welcome to Legal Writing I.  In preparation for our first class, you should complete and be prepared to discuss items A, B, C, D, and E, below.  Please be sure to register for the correct section of Legal Writing I on TWEN (you’ll see my name next to the course title), and be sure to use the assignment sheet posted in the “Assignment Drop Box” folder for “Class 1” to turn in the assignments described in item C, below.  Note also that the items listed under C and D, below, are due by 9:00am on the day of our first class (so I can review them and prepare accordingly).

(A) Read Suzanne E. Rowe, Legal Research, Legal Writing and Legal Analysis, and Lawrence M. Friedman, Law in America [excerpt] in the Legal Writing I Workbook (pages 217-end).

(B) Read pages 1-14 (Introduction & Case Briefing) in the Legal Writing I Workbook.

(C) Read Chapters 1, 2, and 3 in A Practical Guide to Legal Writing & Legal Method (Dernbach).  You should work through all of the relevant exercises in Dernbach, but you will turn in only two exercises: Exercise 1-B (parts 1 & 2) and Exercise 3-A (Toad v. Ulrich case brief, using the case briefing method described in Chapter 3). 

SPECIAL NOTES for PART C: for Part 2 of Exercise 1-B, above, the goal is to create ONE rule that brings together each of the reasons you gave for your conclusions in Part 1 a-d.  In doing so, note the question you answered for each question in Part 1, namely, whether someone has a valid defense.  When turning to Part 2, carry that mindset forward, and try wording your rule like a definition for what a valid defense is or is not, incorporating specific details (e.g., “A person has a valid defense when _____________, _____________, or ____________, unless ____________”; or “It is not a valid defense when _____________, _____________, or ____________, unless ____________.”).  In doing so, you may find yourself revising your answers to Part 1, which is perfectly fine.

Please be sure to type your answers directly into the assignment sheet posted in the Class 1 assignment dropbox on TWEN, and limit yourself to one page for each exercise.  Please use full sentences and paragraphs, not bullet-points; I use these assignments to assess your ability to follow directions, assess your current reasoning skills, and to get a sense of your basic writing ability.  Please spend no more than 60 minutes on each assignment.

(D) Read the entire course syllabus before our first class (an electronic version will be posted on the TWEN page for this course, in a folder titled “Syllabus”).

(E) Point your web browser to http://www.questionpress.com/slattery, click on “Enroll” and answer the Warm-Up, Reflective Prompt, and Questionnaire #1 questions you’ll find posted there.

 

Legal Writing I
§099.5

Professor Day

No initial assignment.

Legal Writing I
§099.6

Professor Durst

Dernbach pp. 3-16 and chap. 3; prepare Exercise 3A.

Legal Writing I
§099.7

Professor Wright

READ: Dernbach text, pages 3-40 (through Exercise 3A) and Legal Writing I Workbook (WB), pages 1-14, and 217-end.

BRING TO CLASS: Dernbach, Exercises 1-B and 3-A (two copies – one to turn in and one to use in class); Short (2-3 page) biography to turn in.

Legal Writing I
§099.8

Professor Brogan

Professor Lack

Read Dernbach Chapters 1-3; complete Dernbach Exercises 1-B and 3A. You should work through all of the relevant exercises in this reading), but you will hand in only two exercises in class: Exercise 1-B (parts 1 & 2) and Exercise 3-A (Toad v. Ulrich case brief; brief this case using the method described in Chapter 3).  You should bring TWO copies each of these Dernbach exercises to class (one to hand in, one to refer to during class discussion). These Dernbach exercises will not be graded, but will be crucial to our work in the first class and to future assignments.  Follow the directions for exercises 1-B (parts 1 & 2) and 3-A in Dernbach; double-space and type your answers.  You are limited to 2 double-spaced pages for each exercise in Dernbach.  Please use full sentences and paragraphs, not bullet-points.  Note that in Exercise 1-B, Part 2, you want to create one rule that encompasses, reconciles, synthesizes your reasoning in Part 1 a - d. 

 

Legal Writing II

All Sections

All Professors

Review Dernbach chapters 2-4.

Mastering the Performance Test

§644.1

Professor Harkins

Register for the TWEN page for your section of Mastering the Performance Test and case brief the case posted in Class 1 in Course Materials. Please use the common case brief format to do so. The format is available in the Class 1 folder in Course Materials. Bring a hard copy of the case and the case brief with you to the first class meeting. 

 

Mastering the Performance Test

§644.2

Professor Simon

(1) Read Syllabus (to be posted on TWEN)

(2) Read pp. 1-12, 17-18 (Introduction) in California Performance Test Workbook: Preparation for the Bar Exam (Basick), 2013.

 

Mastering the Performance Test

§644.3

Professor Carr

Register for the TWEN page for your section of Mastering the Performance Test and case brief the case posted in Class 1 in Course Materials. Please use the common case brief format to do so. The format is available in the Class 1 folder in Course Materials. Bring a hard copy of the case and the case brief with you to the first class meeting. 

 

Medical Malpractice Litigation

§445.1

Professor Smith

No Initial Assignment

Moot Court

§355.1

Professor Semeraro

No Initial Assignment

Patent Claim Drafting

§568.1

Professor Afshar

1. Read the claims sections of the patents posted on the Docket under Course Materials for this class & classify each set of claims (e.g., process, method, composition of matter, and device) (Email jlasalle@tjsl.edu if you have problems finding the patents.)

2. Choose a simple object, such as a pencil, umbrella, sponge, etc. and describe the object in simple terms, then try to describe the relevant elements that make-up the object

3. In 1-2 paragraphs, state the goal desired to be achieved in this class

4. Provide me with 2 or 3 questions you would like to be addressed over the course of the semester

5. Read Phillips v. AWH Corp., 415 F.3d 1303 (Fed. Cir. 2005) and prepare to discuss

 

Patent Clinic Seminar

§572.1

Professor Afshar

Read: the SBLC Certified Law Student Handbook

Read: California Rules of Professional Conduct §§3-100, 3-110 & 3-500

Review: Patent Process

 - http://www.uspto.gov/patents/process/index.jsp

AND

Patent FAQs - http://www.uspto.gov/faq/patents.jsp

Read: US patent No. 7707933, and Outline different sections of the patent

Read: 35 USC 101

Read: 35 USC 102

Read: 35 USC 103

Read: 35 USC 112

 

Note: be prepared to discuss the assigned readings

 

Pre Bar Fundamentals

§646.1

Professor Matsumoto

Please complete the pre-class questionnaire located on the Docket in the course materials for this course and bring a HARD COPY to our first class.  I will not accept emailed copies.  Part of exam success is reading comprehension as well as following directions.  This is a credit/no credit assignment.  The purpose is to assess how you are feeling heading into the exam.  There are no correct answers-everyone has different thoughts about the bar exam.  We will discuss your answers in a later class, but the identity of the contributors will be kept confidential. 

 

Pre Bar Fundamentals

§646.2

Professor Malik

Please complete the pre-class questionnaire located on the Docket in the course materials for this course and bring a HARD COPY to our first class.  I will not accept emailed copies.  Part of exam success is reading comprehension as well as following directions.  This is a credit/no credit assignment.  The purpose is to assess how you are feeling heading into the exam.  There are no correct answers-everyone has different thoughts about the bar exam.  We will discuss your answers in a later class, but the identity of the contributors will be kept confidential. 

 

Professional Responsibility

§140.1

Professor Schwabach

Read pages 1-14 and 21-78 in the text, as well as the Model Rules Preamble and rules 1.0, 5.5(a), and 8.1.

 

Professional Responsibility

§140.2

Professor Berenson

Zitrin, et al., Legal Ethics in the Practice of Law, 4th Edition, Introduction and Chapter 1, pp. 1-38.  ABA Model Rules of Professional Conduct, Preamble.

 

Property I

§141.1

Professor Semeraro

From Semeraro, An Introduction to Property Law in the US.

Defining Property and the Uncertain Right to Exclude  1-7

 

Property I

§141.2

Professor Simon

(1) Read Syllabus (to be posted on TWEN)

(2) Read pp. 1, 18-33 (through note 4) (Acquisition by Capture) in Property (Dukeminier), 8th Edition, 2014.

 

Property II

§142.1

Professor Semeraro

 

From Semeraro, An Introduction to Property Law in the US.

8/16   Land Contracts – Statute of Frauds &     225-242

Marketable Title; Duty to Disclose & Questions         

(Walker; Hickey; Humphries; Stambovsky)

 

Property II

§142.2

Professor Schwabach

 

Read pages 441-81 in the text.  Be prepared to discuss Hypothetical Problem 1 from the Workbook and these problems from the text: Text: Page 444, problems 1 & 2; page 447, problems 2 & 3; page 465, problems 1 & 2; pages 471-72, problem 3; pages 480-81, problems 1-3.

Remedies

§166.1

Professor Wright

Shoben textbook: Read pages 3-14.

 

Remedies

§166.2

Professor Wezelman

Read pp. 1-2 of the Class 1 Handout on Remedial Goals posted in the “Course Materials” section for this course on the Docket.

Read pp. 1-41and 49-52 in Remedies (Rendleman), 8th Edition.

 

NOTE:     For all "Docket" readings on the Remedies syllabus, initial assignment and other assignments as well; please go onto the Docket at www.tjsl.edu/docket.   In the Document Library tab on the right side of the screen, go to the very bottom of the box and click on “Go to the Document Library”.  Select “Course Materials” in the Category drop-down box and click on “Apply”.  Select “SD 166.2 – Remedies – Professor Stanley Wezelman”.  All of your materials will be listed.

 

Risk Management

§286.1

Professor Guzelian

Register for this class on TWEN.

Scholarly Legal Writing

§418.1

Professor Herald

  • Register for the course on TWEN and review the course content and syllabus.
  • Volokh pages 40-46 (on TWEN)
  • Be prepared to present up to two possible note topics, including benefits and limitations of each. This will be an informal opportunity to get feedback from your professor and classmates on your possible topics.

Scholarly Legal Writing

§418.2

Professor Wenger

Introduction – The Nature of the Law Review Note

We will spend the meeting discussing the course in general, the nature of the scholarly enterprise you are about to undertake, and the challenge of identifying a suitable and engaging topic for your note.  You should come to class having done the following:

 

  • Read F&F pages 1-9.
  • Complete the following exercise: Choose an actual student note from a law journal and read it prior to class. (It may help you to pick an article in the subject area you are thinking about for your own Note.) Write up a very concise analysis of the article (up to one page), restating the author’s thesis, categorizing the article within Professor Delgado’s framework described on pages 6 and 7 of the textbook, and offering (with an explanation) at least one criticism of the article, and at least one strength of the article.  I will not collect your analysis. The point of the exercise is to familiarize yourselves with the nature of the scholarly enterprise you undertake this semester.  But I will likely call on a couple of students to discuss their reading and reactions.

 

Small Business Clinic Seminar

§523.1

Professor Nieman &

Professor Slattery

Class 1: Orientation and Introduction

 

Read the Small Business Law Center’s Policies and Procedures Handbook

 

Locate and read Susan R. Jones, Small Business and Community Economic Development: Transactional Lawyering for Social Change and Economic Justice, 4 Clinical L. Rev. 195 (1997)

 

Locate and read California Rules of Professional Conduct §§1-200, 1-300, 1-400, 3-100, 3-110 & 3-500 

 

Please prepare a 1 paragraph bio of yourself that tells us who you are, why you joined the SBLC, and what your future career plans include.

Solo Practice Concentration

§600.1

Professor McCoy

Read pages 32 – 40 (From the chapter entitled “What You’ll Learn in This Book” to the chapter entitled “The Iron Law of the Market”) in The Personal MBA: Master the Art of Business

 

Torts I
§111.1

Professor Dyson

The assignment combines the ideal mixture of reading cases, practicing exercises and studying doctrinal concepts. I encourage you to focus on each of these three for each assignment throughout the entire semester, including those optionally recommended, in order to do and be your best.

 

Please Read Cases: Prosser, Wade & Schwartz casebook:

 

Battery--

(1) Wallace v. Rosen case; Fisher v. Carrousel Motors

Assault--

(1) I de s et ux v. W de S

(2) Western Union v. Telegraph Co v. Hill

----

Please practice exercises:  Glannon on Torts (Optional, But Recommended): Read chapters on Battery & Assault & then complete all practice exercises on Battery & Assault.

 

Please read intent doctrine:  Diamond et al., Understanding Torts, p. 3-4 Please view: (Optional, But Recommended). 

 

Torts I
§111.2

Professor Dyson

The assignment combines the ideal mixture of reading cases, practicing exercises and studying doctrinal concepts. I encourage you to focus on each of these three for each assignment throughout the entire semester, including those optionally recommended, in order to do and be your best.

 

Please Read Cases: Prosser, Wade & Schwartz casebook:

 

Battery--

(1) Wallace v. Rosen case; Fisher v. Carrousel Motors

Assault--

(1) I de s et ux v. W de S

(2) Western Union v. Telegraph Co v. Hill

----

Please practice exercises:  Glannon on Torts (Optional, But Recommended): Read chapters on Battery & Assault & then complete all practice exercises on Battery & Assault.

 

Please read intent doctrine:  Diamond et al., Understanding Torts, p. 3-4 Please view: (Optional, But Recommended). 

 

Torts I
§111.3

Professor Bisom-Rapp

Required Reading:

 

Please note that the new editions of the course casebook (Schwartz et al.) and treatise (Diamond et al.) are required for this course. Although these books are pricey, they will be used again in Torts II during spring 2017. Thus, the books you are purchasing will carry you through the entire first year of Torts. In contrast, I am assigning an older edition of the required hornbook (Glannon). You should look for this book on Amazon or via any used bookseller. This book will also carry you through the entire first year of Torts.

 

Casebook:              Schwartz, Kelly and Partlett, PROSSER, WADE, SCHWARTZ, KELLY, AND

PARTLETT’S TORTS, Thirteenth Edition, Foundation Press, 2015. (PR)

 

Treatise:                 Diamond, Levine and Bernstein, UNDERSTANDING TORTS, Fifth Edition, Lexis, 2013. (UT)

 

Hornbook:              Glannon, THE LAW OF TORTS: EXAMPLES AND EXPLANATIONS,

                                Fourth Edition, Aspen, 2010. (GL)

 

The reading assignments below cover the first two class sessions: Monday, August 15 and Wednesday, August 17, 2016.

 

 

Week       Topic                                                      PR                              GL                                        UT          

 

   1           Introduction                                           1-4                                                                          

                                                                                (Do not read Hulle)

 

INTENTIONAL TORTS

 

            Concept of Intent                                         17-20                      3-5                                      3-4

                                                                     notes 22-24  (Do not read Spivey)                           (1.01A-C)

                                                                              25-29                                                                  5-6

                                                                                                                                                  (1.01E-F)

 

 

Torts I
§111.4

Professor Waldman

Required Reading:

 

Please note that the new editions of the course casebook (Schwartz et al.) and treatise (Diamond et al.) are required for this course. Although these books are pricey, they will be used again in Torts II during spring 2017. Thus, the books you are purchasing will carry you through the entire first year of Torts. In contrast, I am assigning an older edition of the required hornbook (Glannon). You should look for this book on Amazon or via any used bookseller. This book will also carry you through the entire first year of Torts.

 

Casebook:              Schwartz, Kelly and Partlett, PROSSER, WADE, SCHWARTZ, KELLY, AND

PARTLETT’S TORTS, Thirteenth Edition, Foundation Press, 2015. (PR)

 

Treatise:                 Diamond, Levine and Bernstein, UNDERSTANDING TORTS, Fifth Edition, Lexis, 2013. (UT)

 

Hornbook:              Glannon, THE LAW OF TORTS: EXAMPLES AND EXPLANATIONS,

                                Fourth Edition, Aspen, 2010. (GL)

 

The reading assignments below cover the first two class sessions: Monday, August 15 and Wednesday, August 17, 2016.

 

 

Week       Topic                                                      PR                              GL                                        UT          

 

   1           Introduction                                           1-4                                                                          

                                                                                (Do not read Hulle)

 

INTENTIONAL TORTS

 

Concept of Intent                                                 17-20                            3-5                                      3-4

                                                                 notes 22-24  (Do not read Spivey)                                   (1.01A-C)

                                                                          25-29                                                                       5-6

                                                                                                                                                      (1.01E-F)

 

Torts II

§112.1

Professor Bisom-Rapp

First Week’s Assignment: Monday, August 15 and Wednesday, August 17, 2016

 

Schwartz, Kelly and Partlett, PROSSER, WADE, SCHWARTZ, KELLY, AND PARTLETT’S TORTS, 13th Edition, Foundation Press (2015) (CB)

 

Glannon, THE LAW OF TORTS: EXAMPLES AND EXPLANATIONS, Fifth Edition, Aspen (2015) (GL)

Diamond, Levine and Bernstein, UNDERSTANDING TORTS, Fifth  Edition, LexisNexis (2013) (UT)

 

NOTE: These are the same books assigned by Professor Joy Delman for Torts I during the Spring 2016 term. Hence, her students who are continuing on with their Torts studies with Professor Bisom-Rapp already should own these books. Other students, who may have purchased the 12th edition of Schwartz, Kelly and Partlett, or the 4th edition of Diamond, Levine and Bernstein, or the 4th edition of Glannon, can find Professor Bisom-Rapp’s spring 2016 version of the Torts II syllabus, which references those earlier editions, on her Torts II TWEN page.

 

WEEK                     TOPIC                                                       CB                           GL                 UT

               

1                              Strict Liability                                                        

                                Animals                                                  733-740                 323-343           249-265

                                Rylands v Fletcher                                   740-746

                                Indiana Harbor                                        750-758

                                Foster v Preston Mill                                758-760

                                Golden v Amory                                      760-761

                                Sandy v Bushey                                       761-765

 

 

Trademark Clinic

§574.1

Professor Cataudella

Professor Gibbs

 

Not Yet Received from the Professor

Please check back for updates

 

Trial Practice

§170.1

Professor Grossman

Read Chapters 1-3 in The Dynamics of Trial Practice: Problems and Materials (Carlson), 4th Edition, Thomson West. Prepare a Case Evaluation Memorandum, as outlined in § 3.6, page 54 of the text. For this assignment only, you will represent the party, based upon the first initial of your last name:

 

A-G Prosecution, criminal case

H-M Defense, criminal case

N-R Plaintiff, civil case

S-Z Defense, civil case

 

Trial Practice

§170.2

Professor Grossman

Read Chapters 1-3 in The Dynamics of Trial Practice: Problems and Materials (Carlson), 4th Edition, Thomson West. Prepare a Case Evaluation Memorandum, as outlined in § 3.6, page 54 of the text. For this assignment only, you will represent the party, based upon the first initial of your last name:

 

A-G Prosecution, criminal case

H-M Defense, criminal case

N-R Plaintiff, civil case

S-Z Defense, civil case

 

Trial Practice

§170.3

Professor Grossman

Read Chapters 1-3 in The Dynamics of Trial Practice: Problems and Materials (Carlson), 4th Edition, Thomson West. Prepare a Case Evaluation Memorandum, as outlined in § 3.6, page 54 of the text. For this assignment only, you will represent the party, based upon the first initial of your last name:

 

A-G Prosecution, criminal case

H-M Defense, criminal case

N-R Plaintiff, civil case

S-Z Defense, civil case

 

Veterans Legal Assistance Clinic

§429.1

Professor Berenson

Register for this course on TWEN.

Read Chavkin, Clinical Legal Education, Chapters 1-3, pp. 1-24; Clinic Primer (available on TWEN); VLAC Policies (available on TWEN)

Wills & Trusts

§171.1

Professor Wenger

Please read pages 1-34 in Dukeminier.

Wills & Trusts

§171.2

Professor Martindill

Introduction and Class 1 of Wills and Trusts Course Outline.( To be Posted to class Docket)

 

California Probate Code  Read Sections 6400 and 6401(a)(b).  Purchase of a hard copy of the California Probate Code is not required.  Students must have access to the Probate Code and read the assigned Sections prior to class.

Know the following introductory definitions:

A) Will or Testament- a document that is a lawful, voluntary disposition of assets upon death
B) Codicil-a written supplement or amendment to a Will
C) Testator/trix (Transferor) - one who makes a Will
D) Devise-gift of real property
E) Bequest-gift of personal property
F) Legacy-gift of money
G) Heir/Heir-at-law - those persons designated by statute as being next in line to inherit
H) Beneficiary (Transferee)-those persons named in the Will to inherit
I) Issue- lineal descendants of decedent
J) Probate, Surrogate, Orphan’s Court-Court having jurisdiction to hear matters arising from decedent’s estates or trusts

K) Testate-Decedent dies leaving a valid Will which directs disposition of estate

L) Intestate-Decedent dies without a Will and estate is distributed according to state law

M) Decedent-Person who died and whose estate distribution is in question