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Goal is to develop witness interrogation skills. Direct and cross examination of lay and expert witnesses, introduction of documentary evidence, and use of illustrative evidence in California and federal courts. The art of examining friendly and hostile witnesses. Enrollment limited to six. Prerequisite: 290, application

This class will cover the basics of the gift and estate tax system and estate planning principles. With these fundamentals, the course will then examine basic and advanced estate planning and wealth transfer techniques, including wills, various types of trusts, titling property, gifts during lifetime, charitable vehicles, handling closely held businesses and valuation matters--with an emphasis on how to use these tools in planning an estate to meet the objectives of a couple or individual. Probate of an estate, durable power of attorneys, conservatorships, and planning for other life situations will be explored.nElements used in grading: Class participation (is a small factor and only in the positive direction) and final exam.nThis course is open to GSB and graduate students with consent of the instructor.

Rules regarding the making and breaking of legally recognized relationships, especially those between marital partners and parents and children. Focus is on the institution of marriage.

Entertainment law is not, in and of itself, a separate legal discipline. Instead, the practice of entertainment law lies at the intersection of various traditional legal disciplines, such as contract, tort, copyright, trademark, antitrust, secured transactions, etc., and applies those disciplines to a unique business setting. This course is intended to approach the study of entertainment law from a practical perspective, applying the principles of traditional legal disciplines to avoid problems and find solutions in various facets of the entertainment industry. To accomplish the necessary background, we will study the entertainment industry from both a macro level (i.e., the organization of the motion picture, television and music business, including the function of studios, producers, networks, record companies, agencies, managers, lawyers and labor unions) and a micro level (i.e., examining actual agreements in order to understand the principal components of motion picture talent, production and distribution contracts, television series contracts, music and book publishing contracts). We will also examine key litigation issues that affect the industry, such as the interaction of the First Amendment and the right of publicity, the right of privacy and libel, the anti-SLAPP laws, the "final cut" and profit participation cases. The impact of the digital media (including the internet) will, of course, be analyzed, along with the future of the entertainment industry, including convergence, holograms, syntho-thespians and the like. We plan to include guest speakers from the entertainment industry so that this class will embody both business and legal considerations. The overall goals of this course are (1) to expose students to the unique and increasingly complex structure of the entertainment business; (2) to foster an understanding of the role the law and entertainment lawyers play in that unique business structure; (3) to strengthen students' ability to draft key documents and craft persuasive legal arguments to accomplish the goals they may seek to achieve as lawyers in the entertainment industry; and (4) to develop the analytical and problem-solving skills necessary to make them into effective entertainment lawyers. Writing (W) credit is for 3Ls only. Elements used in grading: Class participation, brief writing exercises, team contract negotiation and drafting projects.

The course will examine the legal, regulatory, trading and risk management aspects of the $600 trillion notional over-the-counter and exchange traded derivatives markets. Derivatives are not well-understood by regulators or the public, and have been blamed for causing or contributing to the economic crisis. This course will offer students the opportunity to understand how various derivative products are designed, traded and risk-managed and what role regulators play in the derivatives industry. In addition, students will focus on understanding key legal contracts that underpin the global derivatives industry, in particular focusing on the ISDA© Master Agreement and Credit Support Annex, as well as documentation supporting credit derivatives. Students will also consider the shifting regulatory landscape for financial institutions and hedge funds as it relates to the way in which these products are traded, with rates and credit products migrating to clearinghouses, as well as how conduct of business rules and disclosures may shift. The course will conclude with an examination of the economic crisis that erupted with Lehman Brothers' bankruptcy in September 2008 and the consequent policy reactions to that event from a derivatives and bankruptcy perspective.nnElements used in grading: Attendance, written assignments and final exam.

This course examines private enforcement of the securities laws through class action litigation. The course will analyze the elements of the key causes of action under the securities laws-materiality, causation, and damages-and the ways in which each is proven. A central element of proof in these cases is expert testimony based on an econometric technique called an "event study." An economist who specializes in this type of work will teach this methodology to the class, and the class will conduct such a study in teams. The course will also cover procedural requirements that are unique to securities class actions, including class certification and pleading requirements. Finally, we will cover the dynamics of settlement and the role of rules governing indemnification and insurance for defendants. The course concludes with an assessment of the public policy issues bearing on private securities litigation. Elements Used in Grading: Class assignments and final exam.

This course will consider the fundamental legal principles affecting collective labor relations in the private sector workplace, with particular attention to the National Labor Relations Act. Students will consider the strategies adopted by labor groups, employers, and legal actors in response to evolving economic and social conditions. The course will emphasize union organizing, the collective bargaining process, and related topics, including the scope of statutory coverage, interference with union rights, elections, negotiations, strikes, picketing, secondary boycotts, arbitration, and individual employee rights in the labor-management context. There is no prerequisite for the course. Special Instructions: Regular, punctual attendance is required. If you expect (or are unexpectedly forced) to miss more than two classes, please consult with the instructor as soon as possible, as exceptions will be considered on a case-by-case basis. Elements used in grading: Final Exam. Early Add/Drop Deadline: Add/Drop decisions must be made the first week of class. Exceptions are at the instructor's discretion and will be considered on a case-by-case basis. Class is cancelled on Thursday, April 3rd. A makeup class will be held from approximately 12:30-2 p.m. on Friday, April 18th at which a (free) lunch will be served.

(Same as PWR 194.) The rhetorical underpinnings of legal argument. Elements of the rhetorical tradition; how to analyze written and oral legal and non-legal texts with an eye to the use and function of rhetorical principles. How form and content are mutually constitutive. Understanding of rhetoric as readers and interpreters of legal texts and development of skills as writers and speakers.

In this interdisciplinary seminar we will explore the rhetorical underpinnings of legal argument. In the first half of the course, we will acquaint ourselves with relevant elements of the rhetorical tradition. In the second half, we will analyze a variety of legal texts (both written and oral) with an eye to the use and function of rhetorical principles, as well as the ways form and content are mutually constitutive. This course aims both to increase students' understanding of rhetoric as readers and interpreters of legal texts and to develop students' skills as writers and speakers. Students will be expected to participate in class discussion in addition to completing a series of writing assignments including the rhetorical analysis of legal and non-legal texts and the revision of students' legal writing.nnSpecial Instructions: This course can satisfy either the Writing "W" or Research "R" requirement. The instructor and the student must agree whether the student will receive "W" or "R" credit. For "R" credit, the paper is substantial and is based on independent research. After the term begins, students accepted into the course can transfer from section (01) into section (02), which meets the R requirement, with consent of the instructor.nnThis course is cross listed with Program in Writing and Rhetoric ( PWR 194).nnElements used in grading: Class participation, attendance, assignments, final paper.nnAutomatic grading penalty waived for writers. Writing (W) credit is for 3Ls only. This course is open to first year Law School students.