The courses are listed in numerical order:
LAW 1150. CIVIL PROCEDURE. 4 Units.
A survey of the procedural law applicable to civil lawsuits in the United States, with particular emphasis on the federal courts. Topics covered include personal and subject matter jurisdiction, the Erie doctrine, pleading, discovery, motions, trials, post-trial motions, and issue and claim preclusion.
LAW 1181. CONTRACTS. 4 Units.
An examination of the principles that govern the formation of legally enforceable agreements and promises. Emphasis is placed on offer and acceptance, consideration and its substitutes, and the Statute of Frauds, breach of contract, assignments, and discharge. (Formerly Contracts I and Contracts II).
LAW 1195. CONSTITUTIONAL LAW I. 4 Units.
An introduction to legal analysis, constitutional history, theory and case law. This course explores the federal system, including such doctrines as judicial review; implied powers; state powers and the commerce clause; federal powers and the commerce clause; separation of powers, due process state action and equal protection.
LAW 1200. CRIMINAL LAW. 3 or 4 Units.
An examination of substantive criminal law. The course will analyze common law concepts as well as statutory revisions.
LAW 1251. REAL PROPERTY. 4 Units.
An introduction to estates in land, future interests, and landlord and tenant relationships, real estate issues, restrictive covenants, and easements. (Formerly Real Property I and Real Property II).
LAW 1270. RESEARCH AND WRITING I. 4 Units.
A closely supervised program in legal bibliography and legal problem solving designed to introduce research techniques and writing skills.
LAW 1275. RESEARCH AND WRITING II. 3 Units.
A closely supervised program in legal problem solving designed to develop research techniques, writing skills, and training in appellate advocacy. Pre-requisite: LAW 1270.
LAW 1290. TORTS. 4 Units.
A study of civil liability for accidental and intentional tangible harms to property and physical and/or emotional injuries to persons. The course places heavy emphasis on the law of negligence by examining the elements of negligence and available defenses. This course also will give some treatment to certain intentional torts, strict liability and vicarious liability.
LAW 2190. EVIDENCE. 4 Units.
An examination of the principal rules of evidence applicable in the federal and Florida courts.
LAW 2190T. EVIDENCE*. 4 Units.
An examination of the principal rules of evidence applicable in the federal and Florida courts.
LAW 2350. PROFESSIONAL RESPONSIBILITY. 3 Units.
A study of the ethical considerations involved in the lawyer-client relationship. The Rules of Professional Conduct and Codes of Judicial Conduct will be examined. This course satisfies the professional responsibility requirement.
LAW 3030. ACCOUNTING FOR LAWYERS. 2 to 3 Units.
This course provides an introduction to accounting concepts and its application to the practice of law. This course will assist students in reading and understanding financial statements (balance sheet, income statement, statement of cash flows), financial ratios, time value of money, annual shareholder reports, and other concepts important in the practice of law. This course is designed for students who are unfamiliar with accounting concepts and the prior study or training in accounting (while welcome) is not necessary. A student who earned more than 8 credits in post secondary accounting courses is not eligible to register for this course.
LAW 3040. ADMINISTRATIVE LAW. 3 Units.
A study of the law concerning the powers & procedures of governmental agencies which affect the rights of private parties. This course satisfies the Administrative Law Requirement. (r).
LAW 3045. ADMIN LAW FOR HEALTH CARE. 2 to 3 Units.
The focus of the course will be on federal and state administrative laws, regulations and procedures dealing with the health care system. This course satisfies the Administrative Law Requirement. (r).
LAW 3053. ADMIRALTY. 2 to 3 Units.
An examination of the leading principles and procedural aspects of admiralty jurisdiction and the maritime law of the United States. (o).
LAW 3054. ADOPTION LAW SEMINAR. 3 Units.
This seminar will focus primarily on domestic adoption law and policy and the foster care system within the United States. The course may cover international adoption law and policy to a much lesser extent. There will be a final paper and an in-class presentation required in lieu of a final exam. LAW 3412 is a recommended pre-requisite but not required. (meets writing requirement).
LAW 3055. ADVANCED CIVIL TRIAL SKILLS. 1 to 3 Unit.
An identification and application of the tactics and techniques utilized by America's leading trial lawyers. Course materials reflect issues and explanations derived from significant trial experiences submitted by litigators from each of the fifty states. Demonstrations and presentations are enhanced by computer and video technology. Pre-requisites: LAW 1290 and LAW 2190 (r).
LAW 3055D. ADV CIVIL TRIAL SKILLS-DAMAGES. 1 Unit.
Develop a thorough understanding of the Damages issues which come up in civil trials and practice incorporating Damages into the closing argument.
LAW 3055V. ADV CIV TRIAL SKILLS-VOIR DIRE. 1 Unit.
Develop a thorough understanding of the Jury Selection process, with a special emphasis choosing juries for civil trials.
LAW 3058. ADV COMPARATIVE TORT LAW. 1 to 3 Unit.
This course will focus on recent developments in tort law, with reference to decisions of the Supreme Court of Canada, and comparative discussion of other jurisdictions, including the United States and the United Kingdom. Topics will include: the duty of care, liability of public authorities, punitive damage awards, recovery for economic loss, and the relationship between tort and contract law.
LAW 3063. ADV CONTRACTS: COMM AGREEMENTS. 2 to 3 Units.
This course builds upon the basic Contracts course to explore a series of agreements between sophisticated parties in detail in order to develop the ability to read, understand, and draft contracts effectively. Actual non-disclosure and confidentiality agreements, employment agreements, services agreements, agreements for the sale of goods, lending agreements, and agreements for merger and acquisition will be examined in their entirety, and the issues addressed will be further developed through practical exercises. Pre-requisite: LAW 1181.
LAW 3063I. ADV CONT: ISSUES,CONCEPT&METHO. 2 to 3 Units.
This is an advanced course in the concepts and topics first introduced to students in their first-year Contracts course. This course will cover in-depth some of the difficult topics that were introduced in Contracts (e.g. parol evidence, conditions). It will also include topics that were probably not covered in the Contracts course but are important in practice (e.g. third party issues; letters of intent). Students will study some of these topics from diverse theoretical perspectives (e.g. economic, relational, and critical approaches). They will also study some topics through skill-based methods particularly suited to study of contract topics (e.g. drafting, negotiation). Pre-requisite: LAW 1181.
LAW 3065. ADVANCED CORPORATE LAW SEMINAR. 2 to 3 Units.
LAW 3070. ADV CRIMINAL EVIDENCE SEMINAR. 2 to 3 Units.
This course will permit students to engage in scholarship and to explore the "cutting edge" evidentiary issues involved in criminal prosecutions. Constitutional search and seizure, self-incrimination, confrontation, due process and right to counsel issues, as they impact upon the admissibility of evidence or the development of evidentiary matters at trial will be examined. A research paper and an oral presentation are required. (meets writing requirement) Pre-requisite: LAW 2190 (o).
LAW 3075. ADV CRIMINAL TRIAL ADVOCACY. 2 to 3 Units.
This course will focus on trial techniques either not covered in the basic trial practice course, or that involve more advanced techniques. Students actively participate in simulated criminal trial problems covering a broad range of topics. Procedures and techniques used in both federal and state courts are included. While trial techniques are the primary focus, suppression hearings, motions, and other pre-trial procedures that substantially impact on the criminal trial are included. Pre-requisites: LAW 2190 and LAW 3920. (r).
LAW 3080. ADV CRIT THK&EXP LGL ANALYSIS. 2 to 3 Units.
Students will receive advanced training in critical thinking and legal analysis. Using a problem solving approach that integrates law from substantive courses, the course will focus on enhancing critical thinking skills that enable students to appreciate the structure and function of law. The course will also seek to strengthen students' performance of written legal analysis. Instructional methods will include lecture, collaborative working groups, and individual assignments. The course will provide multiple opportunities for instructor feedback on group and individual assignments.
LAW 3083. ADV EMPLOYMENT DISCRIM SEMINAR. 2 to 3 Units.
A study of the problems of employment discrimination on the basis of race, sex, age, religion, handicap, and other criteria. (meets writing requirement) Pre-requisite: LAW 3333 is preferred, but not required.(o).
LAW 3084. ADV INTERNATIONAL LAW SEMINAR. 2 to 3 Units.
This seminar explores current hot-topics in the international law arena. Therefore,the specific focus may vary each semester according to developments in the various international fields. This course requires an in-depth research paper on one of the topics included in the syllabus. (meets writing requirement).
LAW 3085. ADVANCED LEGAL REASONING. 2 to 3 Units.
Students will receive extensive training in formal logic systems and their counterparts in the less-than-entirely-logical universe of persuasive writing. The course will be taught in lecture format with a heavy emphasis on Socratic method, interaction with students, and critiques of students' written work product. Other instructional methods will include small-group exercises and collaborative work that will require the students to cooperate and consult one another. (r).
LAW 3090. ADVANCED LEGAL RESEARCH. 2 Units.
This course will review the basics and then exhaustively explore topics such as legislative history and interpretation, administrative rules and regulations, looseleaf services and other materials in special subject areas such as taxation, labor law and bankruptcy. On-line computer research will be contrasted with the print sources. Emphasis will be placed on the use of the Florida materials. Legal citation systems will be reviewed. (r).
LAW 3091. ADVANCED LEGAL RESEARCH-TAX. 1 Unit.
This course will focus on research strategies and resources specific to tax. Online fee and free tax resources will be introduced as well as traditional print materials. Research strategies will be emphasized with a tax specific focus.
LAW 3105. ADVANCED TORT LAW SEMINAR. 2 to 3 Units.
A study of recent developments and trends in tort law. (meets writing requirement).
LAW 3110. ADVANCED TRIAL EVIDENCE. 2 to 3 Units.
A study of the methods of cross-examination and impeachment of lay and expert witnesses. Proper methods of making and meeting evidentiary objections are stressed. Students prepare, conduct, and critique examinations. Materials for the course include cases, writings on the subject, and videotaped demonstrations. Classes are conducted by discussion and by simulation. Students will be required to research and write a paper to include the complete cross-examination of an expert witness in a matter of some complexity. This course will not satisfy the writing requirement. Pre-requisite: LAW 3920 . (r).
LAW 3112. ADV TRIAL SKILLS-APPELLATE REC. 1 Unit.
A short course (one month long) that will look at the trial issues that effect the appellate process. The course will combine lectures with short simulation exercises to train students how to create a record that will withstand appellate review. This course will also look at evaluation of a case for appeal, standards of review and how to create a record of trial court rulings that will permit the appellate court to review those orders, rather then merely affirm them as being within the discretion of the trial court. Pre-requisite: LAW 3920.
LAW 3114. AGENCY & UNINCORPORATED ORG. 3 Units.
This course will provide a general introduction to the area of agency law as it relates to commercial enterprises and activities and to laws governing the major forms of unincorporated business organizations including partnerships and limited liability companies.
LAW 3115. INTRO TO AGING AND THE LAW. 2 to 3 Units.
This course is a survey of the variety of issues of law and ethics that face elderly people and their families. This course serves as the introductory course for those students interested in elder law.
LAW 3124. DISPUTE RESOULTION BOARD. 1 or 2 Unit.
LAW 3129. AMERICAN LEGAL HISTORY. 2 to 3 Units.
An examination of issues and themes of American law from the 18th century to the present with a focus on the development of some areas of classical substantive law, such as Torts and Contracts as well as other areas of substantive law, such as Slavery and Labor. The meaning of American law in the context of American democracy will also be considered. The course will emphasize the relationship between law and society, with attention to how law shapes society and how society shapes law. (r).
LAW 3130. ANTITRUST LAW. 2 to 3 Units.
A study of the antitrust laws of the United States as they relate to agreements between competitors, monopolization, mergers and restrictive trade practices. (o).
LAW 3131. ANTITRUST SEMINAR. 2 to 3 Units.
This seminar will focuses on advanced antitrust issues not considered in the Antitrust course, LAW 3130, including international competition law and current antitrust hot topics. While there are no pre-requisites for this course, the Antitrust course is strongly recommended and preferred; students who have not taken an Antitrust course are urged to speak with the seminar professor before registering. (Meets writing requirement).
LAW 3132. ANIMAL LAW SEMINAR. 2 to 3 Units.
This course examines materials relevant to understanding the legal status of animals. It will cover a number of topics related to animal law, including various issues that arise under the laws of property, contracts, and torts. It will also incorporate criminal and constitutional law issues and will consider the evolution of the law's understanding and treatment of animals by examining selected federal and state laws. (meets writing requirement).
LAW 3140. APPELLATE PRACTICE & ADVOCACY. 3 Units.
Offered since 1988, the course emphasizes the practical aspects of appellate practice in Florida appellate courts, with comparisons to practice in the federal system. Students study how to prepare for and take an appeal, including preserving errors in the trial court- an important topic for trial court litigators.The course emphasizes writing and advocacy skills, with chapters and classes on each. During the semester students prepare a brief from a record, prepare a motion, view a video of an actual oral argument, and present an oral argument.The class covers issues of appellate ethics and professionalism, and has typically included guest participation by one or more appellate judges and practitioners.The course should be of interest to students who may want to consider an appellate practice, who want to develop the capability of handling appeals from a trial practice, or who plan to be trial litigators and will benefit from an understanding of the appellate process.Grading is based on the written assignments and oral argument. There is no final exam. The class satisfies a skills requirement. (r).
LAW 3145. ARBITRATION. 2 Units.
This course covers arbitration and related forms of Alternative Dispute Resolution. Students will study the legal framework including, but not limited to the relevant Florida and federal statutes; the Florida Rules of Court on Arbitration; other Florida and federal court rules (including local rules); and the relevant rules on ethics and professional responsibility. The course will involve students in a variety of practical exercises. This course satisfies the Skills Requirement. (r).
LAW 3146. AWESOME ADVOCACY. 1 Unit.
Students explore methods of persuasion from a theoretical perspective and apply the lessons learned through performance-based exercises designed to expand the boundaries of their understanding of advocacy skills and mastery of techniques. This course will be instructed by a former Scottish Crown Prosecutor.
LAW 3152. BANKRUPTCY. 2 to 3 Units.
A survey of the rights and remedies of debtors and creditors during bankruptcy proceedings. This course satisfies the Code Requirement. (r).
LAW 3153. BANKRUPCTY PRACTICUM. 3 Units.
LAW 3154. BUSINESS ENTITIES. 4 Units.
This four credit hour survey course would give students an overview of the state law relating to business entities. It would emphasize the law governing partnerships, limited liability companies and corporations. (Note: Students may not take this course with LAW 3114 or LAW 3255).
LAW 3155. BANKRUPTCY JUDICIAL EXTERNSHIP. 2 to 4 Units.
Student interns are assigned to work with bankruptcy judges in the Middle District of Florida during the semester. Each student is required to work closely with the judge(s) and law clerks performing research and writing assignments with respect to current cases before the court. Students also have the opportunity to attend and observe the courtroom performances of counsel (i.e., motion hearings, mediations, arbitrations, and trials), especially regarding those cases with respect to which they have been assigned work. Student participants are selected based upon demonstrated academic performance and interest in bankruptcy practice. Four credit hours are provided for participation in the fall semester. This is a pass/fail graded course. Pre-requisite: LAW 3152 or LAW 3156. (o).
LAW 3156. BANKRUPTCY SEMINAR. 2 to 3 Units.
This seminar will provide in-depth coverage of various issues in Chapter 11 business reorganizations, such as considerations in filing for Chapter 11 bankruptcy protection, obtaining financing within the bankruptcy, use of pre-petition and post-petition assets, appointment of professionals in the bankruptcy, and filing of and voting on plans of reorganization. (meets writing requirement) Pre-Requisite: LAW 3152.
LAW 3158. BIO ETHICS SEMINAR. 2 to 3 Units.
This course focuses on how the law has affected end-of-life medical decisions. The case law on end-of-life decision-making issues will be reviewed and students will be assigned a number of selected readings. (meets writing requirement) (r).
LAW 3159. BUSINESS ETHICS. 2 to 3 Units.
An exploration of the evolving notion of professionalism in the context of the role of the lawyer. The foundation of the course will be both ethical reasoning and awareness (beyond the Standards of Professional Responsibility) as well as philosophy of law. (o).
LAW 3161. CARIBBEAN LAW EXTERNSHIP. 3 Units.
LAW 3162. CHILDREN AND THE LAW. 2 to 3 Units.
This course covers a broad range of issues touching upon children, including but not limited to: dependency; termination of parental rights; adoption; and representing children; the regulation of children’s conduct; and related state and federal laws. (o).
LAW 3162S. CHILDREN AND THE LAW SEMINAR. 3 Units.
This course covers a broad range of issues touching upon children, including but not limited to: dependency; termination of parental rights; adoption; and representing children; the regulation of children’s conduct; and related state and federal laws. Meets writing requirement. (o).
LAW 3163. CHINESE LEGAL SYSTEM SEMINAR. 2 to 3 Units.
This course will probe the entire depth and breadth of the legal system of the People's Republic of China. (meets writing requirement).
LAW 3164. CIRCUIT CIV MEDIAT SKILL TRAIN. 3 Units.
This class is intended to give students real-world experience in the neutral mediator role and to help them pursue Circuit Civil Mediator certification. After completing a Florida Supreme Court-approved Circuit Civil Mediator training (five days/40 hours), students will observe, and occasionally conduct, actual circuit mediations. Students will keep a journal of their experiences, which they must submit to the Professor. Class will meet regularly to discuss the mediations and mediator ethics. Students must attend a mandatory training session (see semester registration materials for dates and details). This course satisfies the Skills Requirement. Pre-requisites: LAW 2350 and LAW 3761.
LAW 3167. CHILDREN AND THE LAW SEMINAR. 3 Units.
LAW 3168. CLIMATE CHANGE & ENERGY POLICY. 2 Units.
The first half of this course examines the potential role of the legal community in confronting climate change from an institutional perspective, examining the role of treaties, national legislation, sub-national responses and the role of the judiciary. The second half of the course will focus on renewable energy and other alternatives to fossil fuels. Prerequisites: None, but LAW 3340 would be helpful.
LAW 3169. CIV RGTS& CONST: DOMA/MARRIAGE. 1 Unit.
This one-credit weekend course will explore the constitutional and civil rights that the Supreme Court will address in the Defense of Marriage and California Marriage cases. The class will focus on the Fourteenth Amendment due process and equal protection issues presented in the Second Circuit DOMA case and Ninth Circuit Marriage cases. Students will interact in small groups, discussing the district and circuit court opinions and amici briefs filed before the Supreme Court, in order to present to the class divergent views and interpretations of the issues before the Supreme Court. As a concluding assignment, students will draft an opinion as written by a Supreme Court Justice in either the DOMA or Marriage case.
LAW 3170. CLEMENCY. 1 Unit.
This short course provides an overview of the clemency process. It also exposes students to the current training being offered for attorneys handling clemency matters. The course involves the research, writing, and preparation of petitions on clemency matters.
LAW 3171. CLIMATE JUSTICE: U.S. AND INTERNATIONAL PERSPECTIVE. 1 to 2 Unit.
The regulation of climate change has taken center stage internationally and regionally as the world braces for increasingly more severe impacts from the carbon-intensive global economy. In recent years, adaptation to these impacts has become a primary focus of global efforts to ensure the health and safety of the most vulnerable communities of the world such as the urban and rural poor, low lying island nations, indigenous peoples, and future generations in the face of climate change impacts. Climate justice emerged as part of the global response to these impacts. Climate justice focuses on the disproportionate burden of climate change impacts on the poor and marginalized and seeks to secure a more equitable allocation of the burdens of these impacts at the local, national, and global levels through proactive regulatory initiatives and reactive judicial remedies that draw on international human rights and domestic environmental justice theories. This course addresses climate justice from U.S. and international law perspectives and considers legal responses to promote climate justice in several regions of the world. It also evaluates regulatory obstacles under international law, U.S. law, and foreign domestic law in seeking to promote climate justice on a global scale.
LAW 3190. COMMERCIAL TRANSACTIONS. 4 Units.
This is a survey course covering the Uniform Commercial Code as a whole, as well as its relationship to other commercial law. This course will address key elements of Articles 1,2,3,4,5,and 9, and will also address other materials as time permits. The course is intended to give students a broad exposure to commercial law, but in significantly less depth than individual courses in Sales, Leases & Licenses; Payment Systems; and Secured Transactions. This course may not be taken by a student who has taken ALL THREE of the following: LAW 3821; LAW 3768; and LAW 3832. This course satisfies the Code Requirement. (r).
LAW 3194. COMMUNICAT & LEADERSHIP SKILLS. 3 Units.
This course focuses on understanding the roles and responsibilities of group and self leadership. It facilitates the development of multiple approaches to inspiring, influencing, and guiding others. Students will learn how to recognize the impact of one's actions and behaviors on others. Students will identify, discuss and demonstrate effective communication skills appropriate to diverse leadership situations and will access resources for their own leadership development.
LAW 3195. COMMERCIAL TRANSACTIONS SEM. 2 to 3 Units.
In-depth investigation of selected areas and problems in commercial transactions affected by the Uniform Commercial Code and federal law, including the jurisprudential foundations of the Code and recent commercial law developments in the courts and legislatures. (meets writing requirement) Pre-requisite - one of the following courses: LAW 3190; LAW 3821, LAW 3768 or LAW 3832. Pre-requisite may be waived for students with a strong demonstrated background in business or finance.
LAW 3196. COMPAR COMMER & BUS LAW SEM. 2 to 3 Units.
This course introduces students to cases and materials from many jurisdictions to show both diversity and similarity of business and the law. The course will also familiarize the students with international organizations along with treaties and conventions. The goal of this seminar is to expose students to the way many firms doing business between different jurisdictions of the world are governed and regulated. (meets writing requirement)(r).
LAW 3197. COMP &INTL SEXUAL ORIENTAT LAW. 1 Unit.
Students will learn how different aspects of sexual orientation are being ignored and/or recognized in national and international law. They will become familiar with the most important case law in the field, especially from the European Court of Human Rights and the UN Human Rights Committee, but also from various national courts.
LAW 3198. COMPARATIVE CORPORATE LAW. 1 to 3 Unit.
This course is intended to provide an introduction to Latin American Company Law. It will address the most basic differences between the Civil Law applicable in this region to the Law of Corporations and other Business Associations as compared to their Common Law counterparts. Basic issues related to bankruptcy, antitrust regulation and shareholder rights will also be explored.
LAW 3199. COMPAR CRIM JUSTICE SYSTEM. 2 Units.
This is a two credit course comparing criminal justice systems and the impact their form has on the presentation of evidence, development of procedural law, and supporting theories of jurisprudential philosophy. It will be team taught by myself and the Lord Advocate of Scotland. I will teach the first two weeks that cover the development of common law systems from a criminal perspective, leading into discussion about our own criminal justice system in the U.S. and the theories of jurisprudence that support it. Particular attention will be paid to the impact a system's jurisprudential philosophy has on the development of its procedures. The next two weeks would be taught by the Lord Advocate (with my assistance). She will focus on the Scottish legal system. It is a hybrid system that contains elements of both common and civil law. She will discuss how this system has created a different approach to criminal justice, with corresponding differences in the processes followed by the Scottish court system. She will end her discussion with the topic of devolution, showing how the unique Scottish Legal system is being used by the Scottish Nationalists to secure some degree of independence from Great Britain. Pre-Requisites: All first-year requirements.
LAW 3200. COMPARATIVE LEGAL SYSTEMS SEM. 1 to 3 Unit.
This seminar explores the legal history, culture and procedures of the major legal traditions of the world, including comparisons and contrasts of the United States with those of England, European and Latin American Civil Law countries, the Islamic world, China, Japan, Cuba, and other countries as time and students interest indicate. (meets writing requirement) (o).
LAW 3202. COMP FREEDOM OF EXPRESSION SEM. 3 Units.
This seminar explores the issue of free expression around the globe by comparing the ways different countries and international bodies regulate speech and other types of symbolic expression. Topics may include, among others, philosophies of free expression, pornography and obscenity, the definition and regulation of hate speech, speech compelled by the government, symbolic speech, protest speech and the nature of “democracy,” and national security. UK and EU law on free expression will be discussed. Students can anticipate at least one field trip and/or local guest speaker. Students will complete a paper that may satisfy the Advanced Writing Requirement.
LAW 3203. COMPAR TRANSNATIONAL CRIM LAW. 3 Units.
The course provides an overview of crimes of international concern best known as treaty crimes. Transnational Criminal Law (TCL) relates to the crimes excluded from the jurisdiction of the International Criminal Court and offenses that violate jus cogens norms. Treaty crimes emerged from nations' initiative to combat international criminal activity, enabling groups of states to respond rapidly to new forms of criminality. TCL does not create individual penal responsibility under international law; this is an indirect system of interstate obligations generating national penal laws. The students will learn TCL in a comparative manner. We will study the relationship between rules of more than one system, we will see how one system or one of its rules derives from another system or convention, perhaps with modifications, and how one system could exert influence on another. A comparative approach allows us to see how rules are adopted, whether according to societal needs, policies and goals, or simply by borrowing and adapting rules that otherwise ignore a nation's reality. This approach will also allow the students to see the effectiveness or lack thereof of implemented rules and question policies and approaches taken by different nations.
LAW 3204. COMPLEX LITIGATION. 2 to 3 Units.
This course is an examination of the unique procedural issues that arise in complex civil litigation. Students will begin with a brief foray into the theoretical underpinnings of the civil procedural rules used in American courts today. They will then expand from this theoretical background to explore complexity encountered by lawyers and litigants at four distinct stages: identification of parties and claims; pretrial discovery and case management; trial and remedy. Particular emphasis will be placed on the practical aspects of the modern class action device, including certification of classes and settlement. Pre-requisite: LAW 1150 (o).
LAW 3213. CONFLICT OF LAWS. 2 to 3 Units.
A study of interstate, multistate, and international jurisdictional and choice of law considerations and recognition and enforcement of foreign judgments. (r).
LAW 3216. LW & THE CIVIL RIGHTS MOVEMENT. 2 Units.
A special condensed course that examines the Civil Rights campaign from 1955 – 1965, and the influence of the Civil Rights Movement on the federal judicial system. Classroom discussions are followed by a five-day travel experience during which students visit museums, institutes, centers, universities, and historic places identified with civil rights law and The Civil Rights Movement, and meet with actual veterans of the Civil Rights Movement, civil rights activists and lawyers in cities throughout the Southeast. This course is tethered with LAW 3219. Students may not take the classroom discussion or travel component separately.
LAW 3217. THE FIRST AMENDMENT. 3 Units.
This course will examine First Amendment values and standards of review, and then consider limitations on the content of speech, including speech advocating illegal activity, fighting words and hate speech, defamation, obscenity and other sexually explicit speech, commercial speech, and the right of privacy. The course will examine issues of prior restraint; the public forum doctrine; symbolic speech and expressive conduct as speech; government speech; the regulation of broadcasting, the Internet, and social media technology; and religious speech, including financial aid to religious organizations, and the tension between the free exercise of religion and government sponsorship of religion. Pre-Requisite(s): LAW 1195.
LAW 3219. LAW & THE CIVIL RIGHTS MOVEMENT TRAVEL CRSE. 3 Units.
A special condensed course that examines the Civil Rights campaign from 1955 – 1965, and the influence of the Civil Rights Movement on the federal judicial system. Classroom discussions are followed by a five-day travel experience during which students visit museums, institutes, centers, universities, and historic places identified with civil rights law and The Civil Rights Movement, and meet with actual veterans of the Civil Rights Movement, civil rights activists and lawyers in cities throughout the Southeast. This course is tethered with LAW3216. Students may not take the classroom discussion or travel component separately.
LAW 3220. CONSTITUTIONAL LAW SEMINAR. 2 to 3 Units.
An in-depth discussion and analysis of selected topics relating to the United States Constitution. (meets writing requirement) (o).
LAW 3225. CONSTITUTIONAL LITIGATION. 2 to 3 Units.
A study of the federal courts with attention given to selected problems such as jurisdiction, justiciability, standing, and abstention. Actions under 42 U.S.C. section 1983 will receive special emphasis. (r).
LAW 3230. CONSTRUCTION LAW. 2 to 3 Units.
A survey of construction law and practice, emphasizing contract, tort, and warrant concepts. The course will review leading case authorities, contract forms, parties to the construction process, and practice issues. (o).
LAW 3238. CONSUMER PROTECTION LAW. 2 to 3 Units.
This course is a study of current state and federal law as it applies to the protection of the consumer in the marketplace. This course satisfies the Administrative Law requirement.
LAW 3243. COPYRIGHT LAW. 2 to 3 Units.
This course provides an overview of the development and nature of copyright law. Topics include the origins of copyrights law, the statutory and common law evolution, prosecution and maintenance of a portfolio, litigation strategies and issues, and discussion of current topics of interest in the field.
LAW 3245. CORPORATE FINANCE. 2 to 3 Units.
An examination of the legal, financial, and managerial theory of modern corporate financial structures. (o).
LAW 3246. CORPORATE TAXATION. 2 to 3 Units.
Tax considerations in corporate formations, distributions, redemptions and liquidations. The course will cover both the taxation of SubChapter C and SubChapter S corporations. Prerequisite: LAW 3449. (r).
LAW 3247. CORP GOVERNANCE GLOBAL MARKET. 3 Units.
This course explores the question of how and whether corporations can be good citizens. This course will give students a range of perspectives on modern issues surrounding corporate governance, including new innovations created by the recent Congressional financial regulatory reform laws known as Dodd-Frank and Sarbanes-Oxley, as well as classic agency problems. This course will deal with risk management, profit maximization, ethical dilemmas, as well as how corporations may exercise the ability to spend corporate money in politics post-Citizens United. This course will be divided into four principle areas of study: (1) corporate management, who has responsibility for day to day operation of the corporation; (2) the board of directors, who has responsibility of oversight; (3) investors, who owns the corporations; and (4) stakeholders such as employees and community residents, who may be heavily impacted by corporate choices. LAW 3154 and LAW 3255 are recommended, but not required.
LAW 3255. CORPORATIONS. 3 Units.
A general introduction to the laws governing U.S. corporations. The major focus will be a survey of state and federal laws pertaining to the structuring and operation of business corporations, both closely held and publicly traded. Emphasis will be put on fundamental areas with which all practitioners should have some familiarity including state statutory provisions and selected securities laws.
LAW 3257. CORRECTIONAL LAW. 3 Units.
Study of the substantive and procedural law pertaining to the convicted criminal offender, including an examination of federal and state decisions affecting correctional personnel and the penal process.
LAW 3258. CORRECTIONAL LAW SEMINAR. 3 Units.
This seminar will concentrate on four areas: sentencing, jail and prison administration, prisoner's rights, and post-conviction remedies. We will begin by discussing possible paper topics and the professor will help students in choosing their topics. Then, while work on papers begins, we will discuss some major cases, statutes, and court rules. Xeroxed copies of which will be provided. The last part of the course will consist of presentation of paper topics by each student. (satisfies writing requirement).
LAW 3265. CRIM PROCEDURE - ADJUDICATION. 3 Units.
This course is a criminal procedure class with emphasis on pretrial, trial, and post-trial proceedings. Among other things, this course will cover bail, the preliminary hearing, the grand jury, joinder and severance, pretrial motions, discovery, speedy trial, plea negotiations, trial rights, double jeopardy, sentencing, post-conviction remedies, habeas corpus, and appeals.
LAW 3267. CRIMINAL LW&PROC IN CARIBBEAN. 1 Unit.
This course will examine Criminal Law and Procedure in the Caribbean. Professor Judith Scully of the Stetson faculty will assist in the course and provide a comparative U.S. Caribbean perspective. The following topics will be addressed: 1) Arrests and Detention, 2) Bail, 3) Initiating Proceedings, 4) Committal Proceedings, 5) Trial both at the Inferior and Supreme Court, 6) Jury Selection, Deliberations, and Verdict, 7) Sentencing, and 8) Appeals.
LAW 3270. CRIM PROCEDURE-INVESTIGATION. 3 Units.
An examination of the leading constitutional cases on criminal justice with special emphasis on the fourth, fifth and sixth amendments to the United States Constitution and on the nature and application of due process in relation to the criminal procedure structure. (r) (NOTE: This course is a pre-requisite for LAW 4560 and LAW 4550.).
LAW 3276. CRIMINAL RESPONSIBILITY SEM. 2 or 3 Units.
The standard rationales behind punishing competent, adult offenders who act of their own free will break down when faced, for example, with the insane, the very young, or the provoked. The class is a hybrid book club and writing workshop, focusing on those situations in which criminal responsibility is less than clear-cut. The professor leads the discussion for the first half of the term; in the second half, students lead the discussion on the subjects of their paper topics. Past paper topics have included, for example, multiple personality disorder, brainwashing, and addiction. This course satisfies the Writing Requirement.
LAW 3279. CYBERLAW SEMINAR. 3 Units.
The Internet has changed the way we work and live, presenting us with a wide variety of legal issues that can be characterized as "Cyberlaw." This seminar will focus on who regulates the Internet; speech and the Internet; copyright and trademarks and the Internet; privacy and the Internet; jurisdiction and the Internet; and network access, ownership and the private ordering of the Internet. (meets writing requirement).
LAW 3280. DEATH PENALTY SEMINAR. 2 to 3 Units.
This course is a survey of capital punishment law with emphasis on Florida. (meets writing requirement) (o).
LAW 3281. DEFAMAT,PRIV&OTHER ECON TORTS. 3 Units.
This course will focus on selected tort subjects which are not covered in depth in the first-year curriculum. Topics examined will include defamation, the rights of privacy and publicity, interference with common law civil rights, and harm to family relationships. The course may also consider the economic torts, including tortious interference, conspiracy, and restraint of trade.
LAW 3282. DEFAM,PRIV&OTHER ECON TORT SEM. 2 or 3 Units.
This course will focus on selected tort subjects which are not covered in depth in the first-year curriculum. Topics examined will include defamation, the rights of privacy and publicity, interference with common law civil rights, and harm to family relationships. The course may also consider the economic torts, including tortious interference, conspiracy, and restraint of trade. (meets writing requirement).
LAW 3285. DELAWARE INFLUENCE ON CORP LW. 1 to 3 Unit.
This one-credit hour course will give students an in-depth understanding of ten of the most important Delaware corporation law cases. Taught by the Honorable Andrew G.T.Moore, former Justice of the Delaware Supreme Court, and Professor Clark Furlow, each class will be devoted to one case. Students will learn why the case is important, how it changed or solidified a particular area of the law, and where it fits in the overall body of Delaware corporation law. There will be a one-hour exam at the end of the course.
LAW 3288. DEPOSITIONS. 2 Units.
This course is designed to teach students the what, the how and the why of depositions practice. It will include fundamental review and discussion of the relevant rules of professional responsibility, civil procedure and discovery. Students will then perform case analysis on a file in preparation for taking and defending depositions. Students will then perform in a skills based setting with immediate critique the fundamental skills associated with both defending and taking a deposition. This will include immediate feedback on preparation, beginning the deposition, creating lines of inquiry, alternative lines of inquiry, and wrapping up the deposition. Pre-requisites: LAW 2350, LAW 2190 and LAW 3920.
LAW 3289. DEPOSITIONS-DEPOSING MED EXPER. 1 Unit.
All lawyers will interact with expert witnesses - many of these interactions will be through depositions and many of these experts will be doctors. This course will review both the Federal and Florida Rules of Civil Procedure, Evidence and Professional Responsibility related to expert witnesses and will provide students with effective, practical tools for deposing such witnesses. This course will focus on medical experts and students will be provided with actual medical records and expert reports. Students will evaluate these background materials and will gain experience preparing, conducting and evaluating medical expert depositions. Stetson University College of Law's grading policy for elective, pass-fail courses will apply to this course. Student evaluations will be based on preparation and class participation. Pre-requisite: LAW 2190 and LAW 2350 are strongly suggested.
LAW 3291. DIRECTED RESEARCH PROJECT. 1 to 2 Unit.
Research leading to the writing of a series of short papers, reflecting substantial effort, on various aspects of a single legal subject. Upon approval of the research, the student must register for credit with the Registrar's Office at the beginning of the semester in which the research is to be undertaken. This course does NOT satisfy the writing requirement. S/U grade only.
LAW 3296. DISABILITY LAW. 2 to 3 Units.
Disability Law takes a civil rights approach to studying laws relating to individuals with disabilities. To that end, the course examines American law that protects individuals with disabilities in the areas of employment, public accommodations (i.e., privately operated facilities open to the public), governmental services and programs, education (K-12), higher education, and housing. Students will study the Americans with Disabilities Act, Rehabilitation Act, Individuals with Disabilities Education Act, Family and Medical Leave Act, and Fair Housing Act.
LAW 3297. THE DOCUMENT OF THE DEAL: CORPORATE CONTRACTS. 2 Units.
Each week this course will present and analyze the contracts and other documents related to a different aspect in the life and death of a business entity. In a sense this course would be a skills-oriented capstone offering, preparing students to enter a transactional practice. Pre-Requisites: LAW 3154 OR LAW 3255.
LAW 3298. DIVERSE ISSUES IN ADVOCACY I. 1 Unit.
This course seeks to introduce students to prevailing issues in the representation of marginalized clients in varying groups in the United States. The course would examine these issues from the perspective of advocacy training, recognizing the importance of understanding diversity in the context of written and oral advocacy. This course would examine three groups of individuals, namely clients with diminished capacity, clients of different races and cultural backgrounds, and LGBT clients.
LAW 3307. DOMESTIC VIOLENCE &THE LAW SEM. 3 Units.
This is a seminar course where we will conduct an in-depth study of domestic or family violence from a legal perspective. Students will gain the knowledge and the skills necessary to prepare for and represent victims in domestic-violence-related court proceedings. Topics to include: historical and social policies; interdisciplinary study of the dynamics and psychology of family violence; practical applications of knowledge through role plays, hypothetic problems/cases, and written assignments. (meets writing requirement) Prerequisites: LAW 3412 preferred, but not required.
LAW 3309. DRAFTING BUS ENTITY&TRANS DOC. 2 Units.
This course is a transactional/document drafting skills course. The course would focus on the nuances of organizational and transactional documents generally (and the specifics from a healthcare perspective) and how to draft them. LAW 3154 is helpful, but not required. Pre-requisite: LAW 3529.
LAW 3310. EDUCATION LAW. 2 or 3 Units.
In this 3-credit course, we will examine current legal problems of elementary/secondary education in both public and private schools. Primary emphasis will be on public elementary/secondary education. Topics to be discussed include the state's constitutional power over education, the authority of state and local school boards through which the state provides and regulates education, compulsory education, state regulation of private schools, home schooling, school voucher programs, curriculum control, hiring and terminating teachers, disciplining students, student and teacher freedom of expression, religious activities in public schools, desegregation, sexual harassment of students, students with disabilities, allocation of educational resources among school districts, and the federal government's role in education. As we study these topics, we will also consider broader themes such as "local control" of education, the prerogatives of parents, the relationships between law and policy, the varying conceptions of equal educational opportunity, and the competence of courts to resolve education problems.
LAW 3315. ELDER & DISABILITY LW EXTRNSHP. 3 to 4 Units.
Students will be placed with several of the agencies in the Tampa Bay area, including the State Attorney General's office, the State Long-Term Care Ombudsman, the Guardianship Hearing Master (Hillsborough or Pinellas) and the State Attorney's office. In addition to the hours at the assigned placements, students produce 25 pages of research and maintain journals.
LAW 3316. ELDER LAW DRAFTING & PRACTICE. 2 Units.
This course covers the drafting issues and the law for some of the more frequently drafted documents in an elder law practice. In addition to reviewing the applicable laws and drafting techniques, the students will also be required to draft the various documents.
LAW 3317. CONSUMER PROTECT EXTERNSHIP. 3 Units.
This externship will give students a practice education in dealing with various consumer scams targeting elderly individuals. The students will research and respond to requests for "technical assistance" about consumer scams and exploitations. Students, based on their research, will refer the victims to the various state agencies that have jurisdiction over the scams and exploitations. Interns will work out of the Center for Excellence in Elder Law. Pre-Requisites: None, but LAW 3238 or LAW 3115 recommended.
LAW 3318. ELDER LAW LITIGATION. 1 Unit.
This one credit course would focus on the various types of litigation involved in an elder law practice including administrative advocacy as well as jury and non-jury cases. The course will apply substantive law to the skills of advocacy. Dispute resolution mechanisms will also be covered along with the special issues that may be encountered in elder law litigation when clients have diminished capacity, health problems, etc. Prerequisites: None, although LAW 3115 would be helpful.
LAW 3319. ELDER LAW PRACTICE MANAGEMENT. 2 Units.
This course is designed to cover the issues faced by elder law attorneys in setting up their practices. The course would cover issues in determining office space and location, purchasing vs. leasing equipment, negotiating contracts, time management, software and billing, the ADA and accommodations for clients, hiring and firing staff, working with care managers and others as independent contractors, etc.
LAW 3320. ELDER LAW SEMINAR. 3 Units.
This seminar exposes students to a variety of legal topics that impact the elderly. (meets writing requirement)(o).
LAW 3324. ELECTION LAW SEMINAR. 3 Units.
This course will explore various aspects of election law including redistricting, voter registration, the Voting Rights Act, campaign finance and recounts. Earlier Supreme Courts avoided election law challenges fearing entanglement with the political thicket. But modern courts increasingly entertain all manner of suits about how elections work. (This course satisfies the writing requirement.) Prerequisite: LAW 1195.
LAW 3325. ELECTRONIC COMMERCE SEMINAR. 2 to 3 Units.
This seminar will examine whether the law is keeping pace with the rapid growth of computer networks and the Internet, using Electronic Commerce as its organizing focus looking at the issues from the perspective of a merchant interested in pursuing "electronic commerce," rather than the point of view a government seeking to "control" impact of computer technology. The seminar will examine topics such as the formation, terms, and enforceability of electronic contracts; security, privacy, and taxation of online transactions; commoditization of information; emerging legal exposures for online operations; and basic problem of determining what law applies to these issues. (meets writing requirement)(r).
LAW 3326. ELECTRONIC DISCOVERY. 2 to 3 Units.
This course explores how the availability of information in electronic format transforms the civil litigation process, and considers critical issues which arise in data management in the litigation process. The course examines developing case law and addresses the practical issues arising in the preservation, collection, searching, processing, and production of electronic data. The course includes an introduction to technology, tools, and software utilized in electronic discovery and data management.
LAW 3330. EMPLOYEE BENEFITS. 2 to 3 Units.
A study of the law of employee benefits (including pensions and health, disability and life insurance benefits), reviewing substantive law, the relationship between the Employee Retirement Income Security Act (ERISA) and other substantive areas, and the practice and procedure of employee benefits litigation. The course will explore fast-changing areas such as ERISA preemption, recent developments in health and disability benefits litigation, discrimination, the problems of contingent workers, and special ethical issues arising in employee benefits practice. (r).
LAW 3333. EMPLOYMENT DISCRIMINATION. 2 to 3 Units.
This course examines federal statutes prohibiting discrimination in employment on the basis of race, color, national origin, sex, age, religion, or disability. The course focuses on the policy, theory and analytical framework of Title VII of the 1964 Civil Rights Act, The Age Discrimination in Employment Act, and The Americans With Disabilities Act, and the role of the federal Equal Employment Opportunity Commission, including principles of judicial deference. This course satisfies the Administrative Law Requirement. (r).
LAW 3334. EMPLOYMENT LAW. 2 to 3 Units.
This course surveys the law regulating the fundamentals of the employee-employer relationship and examines a variety of public policy questions relating to employment standards regulation. The subjects covered may include the common-law doctrine of at-will employment and the development of contract and tort exceptions to that doctrine; statutory efforts to protect employees from wrongful discharge; the law of work-related invasions of privacy (e.g., drug-testing, genetic screening, polygraphs, etc.); legal protection of employees from abusive treatment (e.g., sexual harassment and other forms of outrageous conduct); the legal duties owed by employees to their employers (loyalty, non-disclosure of trade secrets, covenants not to compete, etc.); the regulation of employment compensation (e.g., Fair Labor Standards Act, prevailing wage laws); and the regulation of workplace health and safety (e.g., Occupational Safety and Health Act). This course may also cover the Worker Adjustment and Retraining Notification Act and the Family Medical Leave Act. This course does not cover questions of unionization (covered in Labor Law) and provides only a superficial overview of employment discrimination law (covered comprehensively in Employment Discrimination). (r).
LAW 3336. END OF LIFE ISSUES SEMINAR. 2 to 3 Units.
This seminar reviews the development of the issue of the "right" to die and reviews how courts, legislatures, Congress, health care providers and regulators have responded to this issue. The legal, societal, regulatory, religious, and ethical issues will be discussed. (meets writing requirement) (o).
LAW 3337. ENTERTAINMENT LAW. 3 Units.
This course provides a concentrated review of the areas of law most often involved in entertainment litigation, including: artistic control, credit and attributions, compensation, scope of rights, warranties and indemnities. This course includes an overview of the structure of the U.S. entertainment industry as well as an examination of a variety of industry agreements. (r).
LAW 3339. ENVTL HAZ/REAL PROPERTY. 2 to 3 Units.
This course will examine legal issues arising from hazardous conditions in real property, including liability for contaminated soil and groundwater; the duty to report contamination; Florida's petroleum and dry cleaning programs; use of Brownfields incentives in the redevelopment of property; asbestos and lead regulations; control and disposal of hazardous wastes; risk allocation by contract or insurance; due diligence investigations; and enforcement issues.
LAW 3340. ENVIRONMENTAL LAW. 3 Units.
An introduction to the common law and statutory basis for protection of natural resources and abatement of pollution. This course satisfies the Administrative Law Requirement. (r).
LAW 3342. ENVIRONMENTAL LAW EXTERNSHIP. 1 to 4 Unit.
Students work on environmental and land use issues under the direct supervision of government attorneys. Placements include the National Oceanic and Atmospheric Administration, the Hillsborough County Environmental Protection Commission, and The Ocean Conservancy.(r).
LAW 3349. ENVIRONMENTAL PRACTICE. 2 to 3 Units.
This course teaches the art of regulatory practice through a series of problems and simulation exercises. Students learn how to find and use the sources of law used by environmental lawyers, including statutes, regulations, guidance and policy. In the exercises, students will take on the various roles environmental lawyers play, engaging in compliance counseling, enforcement, litigation, and rule-making. In addition, they will be able to delve more deeply into the substance of environmental law.
LAW 3350. EQUAL EMPLOY OPP EXTERNSHIP. 3 Units.
Students are placed in the Tampa Regional Office of the U.S. Equal Employment Opportunity Commission, a federal agency created by Congress to enforce Title VII of the Civil Rights Act of 1964, as amended, the Age Discrimination in Employment Act, and the Americans with Disabilities Act. Students are assigned actual cases, beginning with client intake and proceeding through investigation, including interaction with the employer, witnesses, etc., review of documents, and determination of cause/no cause. (r).
LAW 3355. ENVIRONMENTAL ADVOCACY. 2 Units.
A successful environmental professional should possess the ability to advocate, counsel, investigate, persuade, research, and educate. This course will develop those skills through various writing and oral advocacy projects. Students will produce a Freedom of Information Act request, a public comment letter or media release, a memo or brief in a citizen suit and will illustrate various advocacy strategies and facets of environmental advocacy. Different research and writing skills will be emphasized through exploring these diverse types of advocacy. Prerequisites: None. However, LAW 3340; LAW 3945; LAW 3759 or LAW 3040 would be helpful.
LAW 3370. ENVIRONMENTAL REGULAT OF WATER. 2 to 3 Units.
A survey of federal and state regulations for control of water quality and the prevention of water pollution. This course will examine current problems of ground water contamination, industrial permitting and citizen group enforcement. This course satisfies the Administrative Law Requirement. Pre-requisite: LAW 3340 or LAW 3040. (o).
LAW 3375. EMPLOY BENEF (ERISA) LIT SKILL. 2 to 3 Units.
This course covers employee benefits claims from mandatory pre-suit procedures and the entire course of litigation and will provide the opportunity for both oral advocacy and writing development. The main grade in the course is the preparation of a 20-25 page motion and oral argument against opposing counsel who prepared a cross-motion on the same issues.
LAW 3390. ESTATE PLANNING. 3 Units.
A course emphasizing the income, estate, and gift tax consequences of various dispositive schemes, the settlement of life insurance proceeds and employee death benefits, and the disposition of business benefits, with a survey of the donative arrangements for the disposition of property, including inter vivos transfers and wills. Pre-requisite: LAW 3930 or LAW 3898.
LAW 3391. EUROPEAN & COMPAR COMPET LAW. 1 Unit.
Competition Law (called "Antitrust Law" in the United States) is the law that protects business competition from restraints such as price fixing, monopolies, market allocations, and boycotts. Globalization has required a harmonization of competition laws between various nations and is critical internationally for consumer welfare and well-functioning economies. The course will examine European Union antitrust law as it relates to transactional conduct. This course will also address recent development in international antitrust cooperation and with moves toward the development of a transnational antitrust regime. LAW 3130 is helpful, but not required.
LAW 3392. EUROPEAN ANTITRUST. 1 Unit.
This course is designed to allow an understanding of both the core economic concepts of competition, and the substantive law and procedure of European antitrust law. It predominantly focuses on the law of the European Union, but also addresses to some extent the law of the United Kingdom. The principal piece of legislation in the EU is the Treaty on the Functioning of the European Union (TFEU) and in particular its provisions on competition, namely Articles 101 and 102. These will form the basis of the course, along with the Council Regulation 1/2003 on the implementation of Article 101 and Article 102 (Modernization Regulation). Classes will be built around the legal provisions and case law on the subject matter and will investigate and discuss the means by which European antitrust laws tackle such problems as cartels and anti-competitive agreements among undertakings, monopolies and the abuse of dominant positions and vertical restraints. Broader issues – such as remedies and enforcement strategies and wider questions of policy – will also be reviewed. This broader context will help the students to appreciate some of the differences between US and EU antitrust policies.
LAW 3393. ETHICS & THE PRACT OF CRIM LAW. 3 Units.
This distance learning class will address the unique ethical issues faced by attorneys practicing in the area of Criminal Law. Issues faced by both prosecuting attorneys and criminal defense attorneys will be covered. Topics will include, among others, the prosecutor's duty to act as a minister of justice, perjury, confidentiality, use of the media, and the prosecutor's duty to respect the defendant's attorney/client privilege. Pre-requisites: LAW 1200 and LAW 2350.
LAW 3395. EUROPEAN UNION BUSINESS LAW. 1 to 3 Unit.
Students will study the EU legal regime as it regulates the free movement of goods and services, workers, persons, and capital. Special emphasis will be placed on doing business in the EU from the perspective of the United States businesses and law firms. This course meets the LL.M. degree requirement. (o).
LAW 3396. EUROPEAN UNION LAW. 2 to 3 Units.
This course will focus on the constitutional/administrative law of the European Union (EU). Students will study the history of the EU, the treaties underpinning the EU, the institutional structure of the EU, the Law-making procedures of the EU, enforcement of and challenges to the law of the EU, and the protection of human rights under EU law. (o).
LAW 3397. EUROPEAN UNION COMPETITION LAW. 1 Unit.
LAW 3398. EURO INTELLEC PROP LW & PRACT. 1 Unit.
The class is designed to provide an overview on European Intellectual Property Law with a focus on technology protection (patents & trade secrets) as well as trademarks. Meaningful technology protection needs to cover multiple jurisdictions. Europe and especially the EU being one of the world's most relevant technology producers and markets needs to be considered and assessed by U.S. attorneys.
LAW 3401. EU AND UN HUMAN RIGHTS. 1 Unit.
This course will provide an introduction to the European Convention on Human Rights, including its history, scope and enforcement mechanisms. Students will examine the case law of the European Court of Human Rights in relation to a selection of rights, including the right to life, freedom of expression and the prohibition of torture. Where possible, discussion will be linked to current issues facing Europe.
LAW 3412. FAMILY LAW. 3 Units.
A study of the problems, policies and law related to marriage, divorce and child custody. (r).
LAW 3413. FAMILY LAW LITIGATION. 2 to 3 Units.
A survey of the trial of a family law case including basic Florida Family Law; preparation of pleadings and trial of a family dispute. Prerequisites: LAW 2190 and LAW 3920. LAW 3412 is preferred, but not required.
LAW 3414. FAMILY LAW MEDIATION. 3 Units.
This course will explore the kinds of conflicts faced by families of all types. Intra-family conflict in many of its forms will be discussed (emotional, social, in addition to legal). Both theoretical and practical aspects will be considered. Through both readings and practical application, the class will take an interdisciplinary approach to resolving family conflicts through mediation. Students will be involved in a variety of practical exercises and participate through a variety of roles (as lawyers, clients, and mediators/neutrals). This is a graded course. LAW 3412 is recommended as a pre-requisite, but not required. This course satisfies the Skills Requirement.
LAW 3415. FAMILY LAW EXTERNSHIP. 3 Units.
Students work on family law-related matters under the direct supervision of attorney, judges, and/or magistrates in either Hillsborough or Pinellas County. Placements include the Community Law Program, Bay Area Legal Services, and the 13th Judicial Circuit Court. There are up to 10 placements available. Students will work a minimum of 8 hours per week on site and produce at least 25 pages of work product over the semester. This is a 3-credit pass/fail course. Pre-requisites: LAW 3412, LAW 1275 and LAW 2350.
LAW 3420. FAMILY LAW SEMINAR. 2 to 3 Units.
An examinaton of the legal principles and social policies governing the family. (meets writing requirement) Pre-requisite: LAW 3412.
LAW 3426. FED CIV PRE-TRL PRACT&STRATEGY. 3 Units.
This course will teach students how to identify and strategize pretrial issues and situations presented in federal civil litigation. Students will learn a road map for a sophisticated motions practice, as well as the theory behind pre-trial practice. Students will also learn how choices made during the pre-trial process affect the outcome of a case, including whether the case ever reaches trial. This course satisfies the Skills Requirement. Pre-requisite: LAW 2190.
LAW 3427. FEDERAL AGENCY EXTERNSHIP. 5 to 12 Units.
The Federal Agency Externship program provides students with the opportunity to work with practicing lawyers as legal externs in government agencies while earning academic credit. This program enhances the educational experience of students through the exposure to the actual practice of law in a federal agency. Students will gain experience in different substantive areas of law through legal research, writing, interviewing, counseling, and investigative skills. Students will also deal with issues of professional responsibility in a real practice setting. Pre-requisite: LAW 2350.
LAW 3430. FED COURTS & FEDERAL SYSTEM. 2 to 3 Units.
This course focuses on the federal judicial system, its powers under the Constitution and its relationship to other decision-makers, including Congress and state courts. Some of the topics that will be surveyed are justicability of "cases or controversies," the power of Congress to control federal court jurisdiction, federal question jurisdiction, sovereign immunity, abstention doctrines and the scope and limitations on Supreme Court review of various decisions. (o).
LAW 3440. FEDERAL CRIMINAL LAW SEMINAR. 2 to 3 Units.
This seminar examines the sources and limitations upon federal criminal law, and surveys substantive federal provisions with particular focus on RICO, mail fraud, drug enforcement, money laundering, and false statements. The course will also include current issues in federal criminal law such as federal/state allocation of jurisdiction, the Posse Comitatus Act, and the extraterritorial application of United States criminal laws. (meets writing requirement) (o).
LAW 3443. FED LAB REG/CONTEMPOR WKPLACE. 2 or 3 Units.
This course examines the application of the National Labor Relations Act, as amended, including the jurisdiction and procedure of the National Labor Relations Board, to the nonunion, private-sector workplace, including the broad protection of concerted activities for mutual aid or protection, the protection afforded employee postings on social media sites, the per se illegality of overbroad rules in employee handbooks, the ban on employer-sponsored employee participation programs, rights of the targets and traps for the unwary in conducting investigations of misconduct, and preemption of certain state-law wrongful discharge actions. The course also examines the minimum wage, overtime compensation and child labor provisions of the Fair Labor Standards Act as well as the notice requirements of the Worker Adjustment and Retraining Notification Act.
LAW 3445. FED GOVT LITIGATION EXTERNSHIP. 3 or 4 Units.
Students work under the direct supervision of government attorneys from the U.S. Department of Justice and the Department of Veterans' Affairs as well as under the supervision of one or more full-time faculty members. Students gain experience in document drafting, preparation of pleadings and motions with legal memoranda, preparation of agency litigation reports, review of hearing transcripts, fact witness and expert witness interviews, affidavit preparation, and case strategy decision-making. S/U grade only. (r).
LAW 3449. FEDERAL INCOME TAXATION I. 3 Units.
An introduction to the basic principles underlying the federal income tax system. It examines the basic concepts underlying the income taxation of individuals. Areas covered include: tax theory; terminology and concepts; sources of tax law; characteristics of income; realization, recognition and characterization concepts; and personal deductions, exemptions and credits compared to business deductions and outlays. This course satisfies the Code Requirement. (r).
LAW 3450. FEDERAL INCOME TAXATION II. 2 to 3 Units.
An in-depth examination of capital transactions analyzing the concepts of capital gains and losses and the consequences of such characterization. Business or investment depreciation, recapture, installment sales, at-risk rules, and non-recognition provisions also are discussed. Pre-requisite: LAW 3449. (r).
LAW 3454. FEDERAL JUDICIAL EXTERNSHIP. 2 to 4 Units.
Students intern (clerk) with a member of the Federal judiciary in the United States District Court or United States Bankruptcy Court for the Middle District of Florida. Each student is assigned to work with a federal judge, a federal judge-magistrate, or a bankruptcy judge. Students perform numerous research and writing assignments under the auspices of the particular judges to whom they are assigned. Students also are provided a unique opportunity to attend judicial proceedings (e.g., jury selections, hearings, sentencings, trials, mediations, and arbitrations), and to obtain first-hand insight into the internal operations of a federal court. Student participants are selected based upon relevant academic and work qualifications.(r).
LAW 3455. FED JUD EXTERNSHIP LIAISON. 4 Units.
In addition to the activities of Federal Judicial externship, the Liaison serves as the student coordinator of the program in conjunction with the judicial supervisor.
LAW 3460. FED TAX PRACTICE & PROCEDURE. 2 to 3 Units.
An in-depth study of practice and procedures of the Internal Revenue Service and the federal courts having jurisdiction in tax controversies. The course covers such topics as statutes of limitation, tax court jurisdiction, penalty provisions and deficiency procedures. This course satisfies the Administrative Law Requirement. (o).
LAW 3480. FED TAX OF EST, TRUSTS & GIFTS. 3 Units.
This course examines the federal system of taxation of gratuitous transfers, including the Estate Tax, the Gift Tax, Taxation of Generation-Skipping Transfers and Income Taxation of Estates and Trusts. This course satisfies the Code Requirement.
LAW 3485. FEMINIST JURISPRUDENCE SEMINAR. 2 to 3 Units.
A survey of feminist legal theory, drawing from the experiences of women and from critical perspectives developed within other disciplines, resulting in analysis of the relationship between law and gender and developing new understandings of the limits of and opportunities for legal reform. (meets writing requirement)(o).
LAW 3487. FINANCIAL ADVOCACY. 1 Unit.
The purpose of this course is to better prepare students to represent individuals and families by teaching them basic real world financial skills. The course will include discussion on credit and debit cards; banking, including checking, savings, loans and mortgages; credit score, credit reports and identity theft; basic bankruptcy; and retirement and insurance.
LAW 3490. FLORIDA ADMINISTRATIVE LAW. 3 Units.
A study of the powers and procedures of Florida administrative agencies, including administrative investigation, rule-making and adjudication, and judicial control of administrative action. Major differences between Florida and federal administrative law will be explored, and some comparison made with the administrative law of other states. This course satisfies the Administrative Law Requirement. (r).
LAW 3500. FLORIDA CIVIL PROCEDURE. 2 or 3 Units.
The examination and application of the Florida Rules of Civil and Appellate Procedure. (r).
LAW 3501. FLORIDA CONSTITUTIONAL LAW. 3 Units.
A study of principles and operation of state constitutions with emphasis on the Florida Constitution. (r).
LAW 3502. FLORIDA CRIMINAL PROCEDURE. 3 Units.
A course devoted exclusively to the procedural rules and tactics attendant to the pleading and trial of a criminal case, with emphasis on existing Florida law. LAW 3270 is NOT a pre-requisite. (r).
LAW 3502D. FL. CRIMINAL PROCEDURE-online. 3 Units.
LAW 3503. FLORIDA PRACTICE. 2 to 3 Units.
This course provides the student with an introduction to Florida Rules of Court. Though the focus is on the civil and criminal procedure, it also provides a survey of probate court rules. This course will be co-taught by professors who are experts in the various subject areas.
LAW 3504. FLORIDA REAL ESTATE LAW. 2 to 3 Units.
Creating a familiarity with and appreciation for the legal challenges inherent to transactions involving Florida real property is the objective of this course. It will be presented at an intermediate level of complexity for law and practice to students who have fulfilled the first year's curriculum, and who intend to advance to property related courses of advanced complex-subject matter. [This course is strongly recommended as a prerequisite to courses that explore mortgage foreclosure, for example] The course will provide an overview that melds the law of Property, Contract, and Tort to survey such subjects as sales agent commission disputes, contractual terms-expressed and implied, financing provisions, restrictions and conditions upon title, assurance of title, document preparation for closing, and contentious interests of other parties.
LAW 3505. FLA REAL PROPERTY LITIGATION. 2 to 3 Units.
This course will explore the necessity and usage of a title search and a survey; as well as the importance of visiting the property, conducting legal research and educating the court about the issues involved in real property litigation such as Partition, Zoning Presentation, Boundary Litigation, Quieting Title, Real Property Tax Adjustment, Slander of Title, Establishing Ways of Necessity in Easements, Removal of Restrictive Covenants, and Ejectment. (o).
LAW 3506. STATE SUPREME COURT JUD EXTERN. 7 or 12 Units.
This program accepts a limited number of students with strong academic records to intern with the Florida Supreme Court each semester. Selection of students is based upon class standing (typically the top 25% of the class). Students who receive an offer to intern with the highest court of another state may also request through the Associate Dean of Academics to receive credit within this externship program; such a request must be granted before the student begins the externship program and the student must participate in all required components of the externship program to receive credit. Students seeking to intern with the Florida Supreme Court must apply through Stetson's application process to receive externship credit. Under the direction of particular Court Justices and/or their staff, students will review and make recommendations to the Court on matters such as: petitions for discretionary review, attorney discipline matters, extraordinary writs, and other issues in cases pending before the Court. Students must have completed their required course-work, other than area requirements, to participate in the program. Students will receive 7 credits in a summer term or 12 credits in a fall/spring term. S/U grade only.
LAW 3507. FLORIDA TORT LAW. 2 to 3 Units.
This course will build upon the basic Torts course, by presenting students with an opportunity to study Florida common law and statutory provisions in the major topic areas covered in the basic first year course, as well as selected advanced Torts law topics, and areas where Florida law is uniquely important in the subject area of Torts.
LAW 3509. FLA CONSTITUTIONAL LAW SEMINAR. 3 Units.
This seminar will examine a number of current state issues involving the Florida Constitution. The course will begin with an overview of basic state constitutional law concepts. Students will then identify research topics. Students will be provided the opportunity to research the issues in detail, and to prepare a paper of publishable quality on their topic. Each student will present, and defend, his/her paper to the class. This course satisfies the Writing Requirement.
LAW 3510. FREEDOM OF EXPRESSION SEMINAR. 2 to 3 Units.
This seminar explores today's issues involving the U.S. Constitution's First Amendment Free Speech Clause. Topics may include, among others, philosophical origins of free expression, pornography and obscenity, hate speech, free expression of lawyers, compelled speech, symbolic speech, protest and democracy, and national security. Students will complete a paper. (Meets writing requirement if paper is of publishable quality, as determined by the faculty advisor).
LAW 3511. FOOD LAW AND POLICY SEMINAR. 2 to 3 Units.
This class emphasizes the important role of food law and policy in the current food system, dominated by a few multinational corporations. It is often argued that individual food choice is the ultimate exercise of personal responsibility in our society. This course challenges that conventional wisdom - recognizing that a complex web of agricultural and food laws influences that ends up on our plates, and ultimately affects the health of individuals and communities. These policies, and the regulatory mechanisms supporting them, play a vital role in determining the health, economic, social, and environmental outcomes for our nation. Examining these outcomes in terms of a series of legal and policy issues, this course will facilitate discussion on a host of topics: food safety, obesity, nutrition, sustainability, food deserts, labeling, marketing, trade, biotechnology, organic, private standards, urban agriculture, hunger, right-to-food, animal welfare, local food programs, and farmers' markets. Pre-requisite: LAW 1290 (meets writing requirement).
LAW 3512. FLORIDA MEDICAL MALPRACTICE. 2 Units.
This is a two (2) credit, condensed course that meets over two (2) weekends that will provide students with a practical overview of Medical Malpractice in Florida and will compare and contrast it with Federal actions for Medical Malpractice.
LAW 3520. FLA SURVEY: CIV PRO & CRIM PRO. 1 Unit.
The course will take place over a weekend and qualify for one hour of academic credit. The course will involve two main components: (a) It will focus on two topics always tested on the Florida bar exam and (b) it will require that students answer and review numerous multiple-choice questions similar to those presented on the bar exam.
LAW 3521. FL SURVEY:WILLS,TRUSTS&BUS ENT. 1 Unit.
The course will take place over a weekend and qualify for one hour of academic credit. The course will involve two main components: (a) It will focus on three subjects that are very often tested on the Florida bar exam and (b) it will require that students answer and review numerous multiple-choice questions similar to those presented on the bar exam.
LAW 3525. HEALTH INSURANCE LAW. 2 to 3 Units.
This course will examine the law applicable to private health care plans, including private insurance policies, health maintenance organization contracts, and self-funded plans. The course will cover state insurance law, the Affordable Care Act, and ERISA. (r).
LAW 3528. HLTHCARE PROVI BUS ALIGN STRAT. 2 to 3 Units.
This course would (1) review the various business alignment strategies (hospital-hospital, hospital-physician, physician-physician, insurer-hospital-physician,entrepreneur-healthcare provider, etc.) that are taking hold in the marketplace as providers try to remain viable and competitive in the new healthcare environment, and (2) discuss how to analyze and evaluate the different strategies, including the increased intrusion of non-healthcare entrepreneurs into the healthcare business space. LAW 3529 or LAW 3154 are recommended, but not required.
LAW 3529. HEALTH LAW. 2 to 3 Units.
This survey course examines the issues and the law applicable to public and private health care and presents an overview of the issues encountered in a health law practice.
LAW 3530. HEALTH CARE LAW. 2 or 3 Units.
This survey course will introduce students to the burgeoning field of health care law and the issues that may arise in a health care law practice. Topics covered will include, by way of example, selected provisions of the Affordable Care Act, professional liability, medical peer review, health care provider contracting, end-of-life decisions, and issues related to medical expert testimony.
LAW 3533. HEALTH POLICY LAW. 2 to 3 Units.
An overview of policies and issues in public and private health, economic and financial issues, costs of health care on the government and private enterprise, and delivery issues. (r).
LAW 3535. HONORS COLLOQUIUM. 2 Units.
The Honors Colloquium is designed for students accepted into Stetson's Honors Program based on academic performance in the first and second semesters. The Colloquium will explore various topics concerning the history and theory of law. Conducted in a seminar format, various professors will lead students in discussion of the assigned topics. (r).
LAW 3537. HOMELESS ADVOCACY EXTERNSHIP. 3 Units.
Students will further the cause of homeless advocacy by assisting the efforts of public interest organizations engaged in work on behalf of the homeless. Typical duties will include: interviewing clients, conducting research; preparing legal memoranda; drafting and reviewing public records request and responses; assisting in all aspects of discovery such as document analysis, organization and indexing depositions; and assisting in the preparation of legal documents and pleadings. LAW 3771 and LAW 3592 are preferred, but not required. Pre-Requisite: LAW 2350.
LAW 3538. IMMIGRATION LAW. 3 Units.
A study of immigration law topics to include: employment and family-based benefits; exclusion and deportation; political asylum and refugees; permanent residence; U.S. citizenship; special considerations pertaining to foreign investors; and current policy and legislative issues. (o).
LAW 3539. IMMIGRATION LITIGAT & ADVOCACY. 3 Units.
This skills course would prepare students to litigate in immigration court as well as in Federal courts for immigration related actions. The course would cover all facets of deportation proceedings in immigration court, appellate advocacy before the Board of Immigration Appeals in Washington, D.C., and the proper procedure and advocacy required in the Federal courts for immigration matters, both at the district as well as the appellate level. This course satisfies the Skills Requirement. Pre-requisites: None, although LAW 3920 and/or LAW 3140 is highly recommended.
LAW 3541. INDIVIDUAL RESEARCH PROJECT. 1 to 2 Unit.
By individual arrangement with a faculty member, a student may enroll in one semester of legal research leading to the writing of a single paper of publishable quality reflecting substantial effort. Upon approval of the project, the student must register for credit in the project with the Registrar's Office at the beginning of the semester in which the project is to be undertaken. This course satisfies the writing requirement. Students enrolled in this course must attend the Scholarly Writing Series or certify that he or she has watched the videotaped version of the Series.
LAW 3544. HUMAN TRAFFICKING. 3 Units.
Human trafficking is an appalling and growing transnational crime. Even if it is not a new trend, it has spread to every region in the world and become a great part of the illicit global economy. The course will address human trafficking as a crime and a human rights violation. We will look at the Traffick Victim Protection Act (TVPA) and its amendments as well as the protocol. The course is to provide the student with a comprehensive understanding of human trafficking. This course satisfies the Skills Requirement.
LAW 3548. IN-HOUSE COUNSEL EXTERNSHIP. 2 to 3 Units.
Students will work with in-house counsel for a minimum of 8 hours per week and attend a bi-weekly one-hour class. Each student will be required to produce a 30-page minimum work product. Work may include drafting of corporate and litigation documents; attending meetings, negotiations, or courtroom proceedings; and researching regulations, cases, or statutes. Pre-requisites: LAW 3255 or LAW 3154 and one commercial course. (o).
LAW 3549. INDIVIDUAL EXTERNSHIP PROGRAM. 2 to 12 Units.
This program will serve as a mechanism through which students may obtain credit for performing legal work and educational activities that fall outside the scope of preexisting clinic and externship programs. Students will be required to participate in an orientation course during the first week of the semester and subsequently meet at least twice with the overseeing professor. The orientations and meetings are flexible, and may be accomplished using technology. Students will perform legal work such as research and writing, reviewing documents, conducting investigations, drafting documents, and observing legal proceedings. Additionally, students will submit guided reflections and work product assignments, and actively participate in all academic activities assigned by the overseeing professor. Pre-requisites: All first-year courses.
LAW 3553. INSURANCE LAW. 2 to 3 Units.
An introduction to the nature of insurance, the organization and state supervision of insurance companies, and development of the concepts of insurable interests as related to property and liability insurance as well as to insurance of the person. (r).
LAW 3560. INTELLECTUAL PROPERTY. 3 Units.
An introduction to copyright, trademark, patent, trade secret, unfair competition, entertainment, right of publicity, franchise, and computer law. (r).
LAW 3561. INTELLECTUAL PROP EXTERNSHIP. 1 to 3 Unit.
Students work under the direct supervision of intellectual property attorneys from the University of South Florida's Department of Patents and Licensing as well as under the supervision of one or more full-time faculty members. Students gain experience in researching various types of intellectual property for protectability, drafting different types of licensing agreements which vary based on the underlying sub-IP area, drafting opinion letters and submitting different types of applications to governmental bodies responsible for IP regulation and administration, on regional, national and international levels. (r).
LAW 3563. INTL ANIMAL LAW SEMINAR. 2 or 3 Units.
This seminar explores how international environmental and economic law affects animal interests and advocacy. Examples of topics to be examined include how animals are impacted by the Convention on Biological Diversity, the Convention on Trade in Endangered Species, the International Regulation of Whaling Convention, and the World Trade Organization Agreements, along with regional measures such as the European Union's various animal welfare directives and regulations. (This course satisfies the writing requirement.).
LAW 3565. INT'L BUS/TRANSBRDER CRIME SEM. 3 Units.
The primary objective is to instill awareness among students interested in transactional law of the growing significance of legal compliance in global business activities. The course will focus on the new trends of international cooperation in criminal matters, discussions on money laundering issues and on the new legal framework designed to combat bribery and corrupt practices in international business transactions. With business crime issues expanding and diversifying, students will learn about exciting legal developments taking place around the world. (meets upper- level writing requirement).
LAW 3566. INTERNATIONAL LEGAL STRATEGY. 1 Unit.
The purpose of this course is to show that Private International Law (conflicts of jurisdictions and choice of law mainly) offers many options to private operators, in basically any field of private law (family law, business law…). The rule of law’s building methods, as well as the solutions’ elements, can be used in order to achieve a concrete results.
LAW 3571. INTERNATIONAL PRACTICUM. 2 to 4 Units.
LAW 3572. INT'L BANKING & FINANCE LAW. 2 to 3 Units.
Surveys the international monetary system. Included are a systematic and global overview of the functions and values of money; exchange rates, currency practices and exchange restrictions; techniques for hedging of foreign exchange risks, including the use of forward exchange contracts and currency futures, options and swaps; domestic and international banking; international trade finance; international capital markets and loan documentation; and payment, clearing and settlement systems. (r).
LAW 3573. INT'L BUSINESS TRANSACTIONS. 3 Units.
This course will consider selected problems in international trade, surveying some of the many issues encountered in private international transactions and emphasizing the options available to counsel engaged in the "preventive" practice of law. As such, the primary focus will be on recognizing and anticipating potential problems, and choosing the most appropriate form or structure for the business from among a range of equally viable or legally correct approaches, in order to manage the increased risk inherent in international transactions. Three major areas will be explored (1) the sale of goods across national borders, primarily through "letter of credit" transactions, (2) establishing foreign means of production or distribution through "licensing" or "franchising" operations, and (3) direct investment in foreign means of production or distribution "onshore" in another country. (r).
LAW 3575. INT'L CRIMINAL LAW. 2 to 3 Units.
An exploration of crimes, such as terrorism, drug trafficking and related offenses, counterfeiting and transnational crimes and certain human rights offenses. Special emphasis will be placed on individual and state responsibilities; jurisdictional considerations; issues on obtaining persons abroad; and international cooperation efforts. (o).
LAW 3577. INT'L ENVIRONMENTAL LAW. 2 to 3 Units.
This course is an introduction to international legal principles and the application of those principles to specific global environmental problems. The course will focus on environmental concerns such as transboundary acid rain; stratospheric ozone depletion; nuclear accidents; ocean dumping; hazardous waste exports; decertification; endangered species protection; preservation of the rain forests; the effect of trade policies such as GATT; population control, environmental warfare; global climate change; and the management of Antarctica. (o).
LAW 3578. INTL DISTRIBUTIVE JUSTICE SEM. 2 Units.
This human rights seminar will analyze the international instruments that address distribution of resources (food, water, land, money, power), in both "developing" and "democratic" countries. Students will learn how treaties operate to address problems of poverty across the globe, and how international and regional instruments are operating toward limiting the world's poverty. (meets writing requirement).
LAW 3579. INTL SALES LAW&ARB IN SPANISH. 3 Units.
This course covers the CISG and related law applicable to the international sale of goods, as well as, international law governing arbitration of private disputes. The course will use as an integral part of the learning experience, the Problem for the Annual Vis International Commercial Arbitration Moot. Students will analyze the Problem (learning the substantive law along the way), research the legal issues, and draft a collaborative brief in support of one of the parties in the Problem. Students must take this course and must qualify for selection to the Moot Court Board in order to participate fully in the Vis competition in Vienna during the spring; however, any student interested in the subject matter is eligible to take the course. This course meets the Code Requirement. (Note: Students may not take both this course and LAW 3587).
LAW 3580. INTERNAT'L INTELLECT PROPERTY. 2 to 3 Units.
A survey of the major international treaties and agreements, and relevant U.S. law and enforcement mechanisms regarding intellectual property rights in the context of international business transactions. (r).
LAW 3580S. INTL INTELLECTUAL PROPERTY SEM. 2 Units.
LAW 3581. INTERNATIONAL JOINT VENTURES. 2 or 3 Units.
This course will familiarize students with the variety of issues faced by business parties when embarking upon a joint venture when one of the business parties is a non-U.S. entity or when the joint venture entity plans to do business in a non-U.S. jurisdiction. (o).
LAW 3582. INTL TRADE AND THE ENVIRONMENT. 3 Units.
This course addresses whether the goals of international trade law and environmental law can be reconciled in an increasingly interdependent world. It examines international trade agreements and organizations, such as the World Trade Organization and NAFTA, that establish rules for the efficient allocation of resources among nations by eliminating discriminatory trade practices alongside the increasing use of trade restrictions and bans to protect the environment and manage resources as a basic part of both domestic and international environment law and policy. A number of specific disputes where trade law and domestic environmental law have come into conflict will be studied, including the Shrimp/Turtle and Tuna/Dolphin cases, the European ban on meat products containing growth hormones, and emerging disputes over ecolabeling of products and bans on genetically modified food products. (Note: Students may not take both this course and LAW 3591 course.) This course satisfies the Administrative Law Requirement.
LAW 3583. INTERNATIONAL LAW. 2 to 3 Units.
This course provides an introduction to the system of norms, rules, institutions and procedures that regulates interaction among states, and between states and individuals. Three fundamental areas will be explored (1) the source and nature of international legal rules, (2) the associated international legal processes, and (3) the relationship of these international rules and processes to individuals, organizations, and states. (r).
LAW 3584. INTERN'L LAW HUMAN RIGHTS SEM. 2 to 3 Units.
An examination of the emerging rights and duties of the individual in the law of nations. This course meets the LL.M. degree requirement. (meets writing requirement) (r).
LAW 3585. INT'L LITIGATION & ARBITRATION. 2 to 3 Units.
A study of the various modes of dispute resolution involving international transactions or foreign parties. This course will cover jurisdictional issues in U.S. and foreign courts, the various international arbitration programs, forum selection, provisional remedies, international discovery procedures, enforcement of foreign court judgments and arbitration awards. (r).
LAW 3587. INT'L SALES LAW & ARBITRATION. 2 to 3 Units.
This course covers the CISG and related law applicable to the international sale of goods, as well as, international law governing arbitration of private disputes. The course will use as an integral part of the learning experience, the Problem for the Annual Vis International Commercial Arbitration Moot. Students will analyze the Problem (learning the substantive law along the way), research the legal issues, and draft a collaborative brief in support of one of the parties in the Problem. This course meets the Code Requirement. (Note: Students may not take both this course and LAW 3579.
LAW 3588. INT'L SECURITY LAW & POLICY. 2 to 3 Units.
This course will explore national security in the context of global security, foreign relations and diplomacy. It will examine international security issues, not only from the U.S. perspective but also from the perspective of other nation states as well. Legal, military and political issues will be discussed in the context of the Vietnam War, the Korean Conflict, the Persian Gulf War and the Balkan conflict, among others. (r).
LAW 3590. INTERNATIONAL TAXATION. 2 to 3 Units.
An introduction to U.S. taxation of foreign persons and entities investing and engaging in business in the United States, as well as U.S. taxation of domestic persons and entities investing and engaging in business abroad. Particular attention is focused on the source rules, the foreign tax credit, and income tax treaties. (o).
LAW 3591. INTERNATIONAL TRADE REGULATION. 2 to 3 Units.
This course will address some of the issues associated with the governmental regulation of international trade, through a problem-oriented approach. At least two regulatory systems will be considered in almost every problem, one being the regulatory regime embodied in the domestic law of the country of import or export, and the other being the system of international agreements (such as WTO/GATT and NAFTA) that are intended to limit the actions which may be taken by individual governments. The impact of "globalization" within this framework will also be considered. Three major areas will be explored (1) tariffs and non-tariff barriers to trade,(2) domestic responses to import competition, and (3) trade regulation and international economic relations. These are topics which potentially concern any business dealing internationally, from global multinational corporations to small start-up ventures desiring to expand abroad. (Note: Students may not take both this course and LAW 3582. This course satisfies the Administrative Law Requirement.
LAW 3592. INTERVIEWING AND COUNSELING. 1 to 2 Unit.
This course will focus on the most commonly used lawyering skills - client counseling and interviewing. Both theoretical and practical aspects will be considered. This course satisfies the Skills Requirement. Pre-requisite or co-requisite: LAW 2350. (r).
LAW 3592S. INTERV/COUNSELING-Special Grou. 2 Units.
This course will focus on the most commonly used lawyering skills - client counseling and interviewing. Both theoretical and practical aspects will be considered. This course satisfies the Skills Requirement. Pre-requisite or co-requisite: LAW 2350. (r).
LAW 3594. INTRO TO THE PHYSICAL EXAM. 1 Unit.
Lawyers, in their practices, often need to read, interpret and understand medical histories and records. However, lawyers are rarely trained to do so, nor do they understand how medical records are created and entries made. This course will introduce the law student to the Physical Examination. The student will experience, first hand, under the supervision of a physician, how physical examination is gathered and entered into medical records.
LAW 3595. JOURNAL--INT'L AGING LAW & POL. 1 to 2 Unit.
Credit is given for participation in the publication of the Journal of International Aging Law and Policy. Student editors may earn up to one hour of credit per semester. S/U grade only. (meets writing requirement) (r).
LAW 3596. INTRODUCTION TO CIVIL LAW. 3 Units.
This course examines the history, methods, institutions and basic principles of the world's oldest, most widely distributed, and most influential legal tradition. It provides common law trained students a useful foundation on basic civil law concepts.
LAW 3597. JOURNAL-INTL WILDLIFE LW & POL. 1 Unit.
Credit is given for participation in the publication of the Journal of International Wildlife Law and Policy. Student editors may earn up to one hour of credit per semester. An article prepared for the Journal may satisfy the upper-level writing requirement. S/U grade only. (r).
LAW 3599. JUD DEC-MAKING APPELL CONTEXT. 1 Unit.
This course examines the decision-making process of judges in an appellate environment, with emphasis on issues such as the standard of review at the appellate level, the role of stare decisis,and the use of concurrent and dissenting opinions. The course will be graded through a series of short assignments, and is graded on a Satisfactory/Unsatisfactory basis.
LAW 3600. JURISPRUDENCE. 2 to 3 Units.
An introduction to legal theory and the broad knowledge necessary in the professional use of case law and legislation. The course examines the system of political, economic, moral, and psychological ideas that lies at the root of modern jurisprudence and focuses on the origin, nature, function, and development of the law. (o).
LAW 3601. INTERVIEWING & COUN IN SPANISH. 3 Units.
Interviewing and Counseling in Spanish will expose students to the legal vocabulary and conversation skills needed to interact with Spanish-speaking clients in a law-office setting. In addition, the course will focus on cross-cultural lawyering skills. Students will become familiar with Spanish-speaking client cultural norms and expectations and the effect the norms and expectations have on the lawyer-client relationship. This course satisfies the Skills Requirement. Pre-requisite or Co-requisite: LAW 2350. Students must also take a Spanish Language Proficiency Examination prior to registration. For information about the Examination, please contact Professor Jeff Minneti at email@example.com.
LAW 3602. INTERV, COUNSEL & NEGOTIATION. 3 Units.
LAW 3603. JOURNAL OF ADVOCACY & THE LAW. 1 to 2 Unit.
The "Stetson Journal of Advocacy and the Law" is a student-produced legal journal dedicated to discussing, exploring, and influencing contemporary issues related to oral and written advocacy. We publish articles on all facets of advocacy (including Alternative Dispute Resolution, Trial Advocacy, and Appellate Advocacy) written by pre-eminent practitioners, judges, law professors, and students.
LAW 3604. JURISPRUDENCE HONORS SEMINAR. 1 to 2 Unit.
Same as LAW 3605, but limited to students in Stetson's Honors Program. This course does NOT satisfy the writing requirement. (r).
LAW 3605. JURISPRUDENCE SEMINAR. 2 to 3 Units.
Students will discuss research and write on selected legal problems from various jurisprudential perspectives, including those of natural law, positivism, sociological jurisprudence, and legal realism. (meets writing requirement) (o).
LAW 3611. JUVENILE LAW SEMINAR. 2 or 3 Units.
This course will encompass the study of substantive juvenile law, juvenile procedure, the role of the Department of Juvenile Justice, and the mental health issues of the accused juvenile. The course will prepare law students for the representation of the juvenile defendant, specifically as to the rights of the juvenile, the role of the attorney and the problems and issues that our juvenile population faces within the criminal justice arena. In addition, the course will enhance the knowledge of the criminal justice system by focusing on the issues of the child who is prosecuted as an adult. (meets writing requirement).
LAW 3612. JUVENILE CRIMINAL LAW & PRACT. 3 Units.
This course will examine the jurisprudence, social, and historical underpinnings of the juvenile justice system in the United States. The history of the system, the criminal laws, and procedures that govern current juvenile law, and societal responses to treatment of juvenile offenders will be analyzed. Guest speakers will lecture on practices and contemporary issues arising in the juvenile justice system. The course will also have a practical/skills component where students will have the opportunity to develop their litigation skills relating to the juvenile justice system in Florida. Pre-requisite: LAW 1200.
LAW 3613. LABOR LAW. 2 to 3 Units.
A study of the law governing disputes between employers and employees, with special emphasis on the federal statutes. Union organization, employer responses, and collective bargaining are the focal points of the course. This course satisfies the Administrative Law Requirement. (r).
LAW 3614. LABOR LAW EXTERNSHIP. 4 Units.
An externship program available to qualified students allowing active participation in the functions of either the Tampa National Labor Relations Board regional office (fall & spring semesters for 3-credit hours) or the office of the Public Employees Relations Commission in Tallahassee (full-time summer session for 5-credit hours). The externship program will permit the participating student to study first-hand the role of the agency by participation in the investigation, preparation, and observation of hearings conducted by the agency. Pre-requisite: LAW 3613. (r).
LAW 3633. LAND USE LAW. 2 to 3 Units.
A survey of the laws governing land use and community development. The course covers the government's creation of community plans, the rules of zoning, and the power of eminent domain, as well the constitutional right of property owners against uncompensated takings. In addition, the course addresses social issues of community development, including suburban sprawl, urban revitalization, social segregation, aesthetics, and the effects of development on the environment. This course satisfies the Administrative Law Requirement. (r).
LAW 3642. LAW & BEHAVIORAL SCIENCE. 3 Units.
The primary focus of this course is on the use of psychological and sociological expertise in the judicial processes. The course examines such topics as the use of statistical evidence to establish discrimination; the use of psychological techniques such as "profiling" to predict future criminal behavior; the use of psychological "syndrome" evidence to determine whether, e.g. the behavior of the criminally accused is attributable to the "battered spouse syndrome" or "post-traumatic stress disorder." No background in the social sciences is required. (o).
LAW 3650. LAW AND ECONOMICS. 2 to 3 Units.
An overview of the basic economic concepts that have wide applicability in the law. Economic and financial principles related to legal issues in several areas are developed (e.g., personal injury, antitrust, and regulation). The assessment of economic damages and the use of economic experts in litigation are emphasized. No background in economics or finance is required. (o).
LAW 3651. LAW AND ECONOMICS SEMINAR. 2 to 3 Units.
Same as LAW 3650; however, this course satisfies the writing requirement. (o).
LAW 3660. LAW, HISTORY & PHILOSOPHY SEM. 2 to 3 Units.
The seminar is largely made up of student presentations, assisted by the instructor, on the topics they have chosen to write about. The topics include the legal and philosophical background of the American Revolution, Greek and Roman sources, the Bible in history and law, schools of jurisprudence, how judges approach their work, the intellectual history of the Civil War and its aftermath, the civil rights movement, law and literature, the impact of the New Deal, modern legal philosophies, feminism, the rise of the internet and other topics designed by the student. The students will write a paper on their topics they have chosen. This course satisfies the Writing Requirement.
LAW 3665. LAW & HIGHER EDUCATION POLICY. 2 to 3 Units.
This course provides an overview of postsecondary education law, including common law decisions, federal and state statues and regulations affecting the administration of institutions of higher education.
LAW 3671. LAW & POLICY EXTERNSHIP. 1 to 8 Unit.
Students develop an understanding of the role of law in government and policy through a variety of summer externship opportunities offered by organizations and governmental agencies in the Washington D.C. area. Typical duties involve reviewing documents, conducting research, drafting legal memoranda, and attending hearings. Students may earn additional credits through courses taken in conjunction with this program.
LAW 3672. LAW AND RELIGION. 3 Units.
This course will review the evolution of the law's treatment of religion in the U.S. It will examine this evolution primarily through constitutional analysis of the "establishment" clause and the "free exercise" clause. But it will also attempt to better understand what constitutes "religion" as used both popularly and in the law, as well as to consider whether unstated evaluations of "religion," its truth, and its social consequences have shaped modern treatment of religion in law.
LAW 3675. LAW & SEXUAL ORIENTATION SEM. 2 to 3 Units.
This course explores the rapidly expanding relationship between the law and sexual orientation, gender and nonconformity. It examines various legal principles that have been and might be used to limit the ability of government and other institutions to disadvantage people because of their sexual orientation. The course looks at issues such as equal protection, privacy, and due process, and explores how courts have used these doctrines in consideration of lesbians, gay men, bisexuals and transgender individuals in critical aspects of their lives, such as employment, housing, and family relationships. Thus, the course addresses issues that will likely arise in virtually all law practices. (meets writing requirement).
LAW 3676. LW,SEXUAL ORIENTA&GENDER IDENT. 3 Units.
This course explores the rapidly expanding relationship between the law and sexual orientation, gender and nonconformity. It examines various legal principles that have been and might be used to limit the ability of government and other institutions to disadvantage people because of their sexual orientation and/or gender itentity. The course looks at issues such as equal protection, privacy, and due process, and explores how courts have used these doctrines in consideration of lesbians, gay men, bisexuals and transgender individuals in critical aspects of their lives, such as employment, housing, and family relationships. Thus, the course addresses issues that will likely arise in virtually all law practices. (Note: Students may not take both this course and LAW 3675).
LAW 3680. LAW OF FINANCIAL INSTITUTIONS. 2 to 3 Units.
A survey of government regulation of the banking and financial services industry under federal law as administered by the various federal agencies, as well as, regulation of the state law. The principal focus is on the structure of the industry, the changes to the industry, and the regulation of the industry (Reform, Recovery and Enforcement Act of 1989 (FIRREA) and the changing responsibilities of directors and officers of banks and bank holding companies). This course is designed to provide a working knowledge of the various regulations governing banks and the supervisory process for the banking of regulatory lawyers. (o).
LAW 3681. LAW OF INT'L TRIBUNALS. 2 to 3 Units.
This course traces the evolution of humanitarian law and the creation of tribunals to enforce humanitarian law. The course is designed to afford an appreciation of how international law, a state-centric legal system, addresses the individual as subjects of international criminal law. The course will likewise examine how legal principles, including the substantive and procedural elements of international crimes are deliberated upon by the international judiciary.
LAW 3682. THE LAW OF ARMED CONFLICT. 3 Units.
This course will explore and dissect the laws governing conduct on the battlefield. The course will first chart the history of these "laws of war," also known today as International Humanitarian law, and then focus more narrowly on those primary sources of law governing modern warfare -- namely, the Hague and Geneva Conventions, customary international law (CIL), and case law. Students will confront contemporary controversies in the Law of Armed Conflict (LOAC), from the theoretical (like the propriety and efficacy of regulating warfare) to the tactical (like the legal issues surrounding torture, U.S. detention policy, and targeted killings in non-international armed conflict). Students will demonstrate their developing expertise through research proposals, which will give them the opportunity to become that secondary, yet at times as influential, source governing the Law of Armed Conflict -- publicists in the field.
LAW 3683. LAW, LITERATURE & FILM SEMINAR. 2 to 3 Units.
This seminar considers legal, ethical, and jurisprudential aspects of literature and film, with a particular focus on crime and the social response to crime. There is an extensive list of written works and films from which paper topics will be chosen. (meets writing requirement) (r).
LAW 3684. LW THROUGH THE LENS/POETRY SEM. 2 Units.
Using poetry as a lens through which to explore the law, this course is divided into six major units: Commerce, Poverty, Power, Existentialism, Ontology, and Revolt. Although there will be some discussion of private law during the Commerce unit, the balance of the course will be centered on themes of government and public law, including most notably themes of justice (both social and criminal) and power. There will also be some discussion, in the Ontology unit, of the rater extensive us eof the law as a metaphor. (This course satisfies the upper level writing requirement).
LAW 3685. LAW PRACTICE MANAGEMENT. 2 to 3 Units.
This course is offered to present the practical aspects of organizing a law practice. The course will provide insight into the management of a law firm, in both theory and practice, and provide the student with the rationale behind the procedures and systems they will be asked to adhere to as a professional. (r).
LAW 3691. LAW REVIEW. 1 Unit.
Credit is given for participation in the publication of the Stetson Law Review. Staff members and associate editors may earn up to 1 semester hour of credit per semester; voting members of the Editorial Board may earn up to 2 semester hours of credit per semester. This course satisfies the writing requirement. S/U grade only. (r).
LAW 3692. LAW REVIEW EDITOR. 2 Units.
Same as Law Review (3691).
LAW 3693. LAW REVIEW WRITING CREDIT. 1 to 2 Unit.
Credit awarded for completing the graduation writing requirement. (r).
LAW 3694. LGL DISCOUR&RHETOR THEORY SEM. 3 Units.
When you read an opinion, a dissent, a regulation, or a statute, do you wonder if you see all there is to see in those words? And when you write about the law, do you ever wonder if you've said all there is to say? This seminar introduces students to rhetorical theory--theory that can help reveal what's just below the surface in legal texts--and shows students how to apply that theory to the law. Students who enjoy studying language, persuasion, interpretation, or social and cultural issues or who want to do some "out of the box" legal thinking will enjoy this class. No experience with rhetorical theory is required! (meets writing requirement).
LAW 3695. LEGAL TECHNOLOGY & THE COURTS. 1 or 2 Unit.
This course will cover how the technology is used by attorneys when interacting with the court system. The course will provide an overview of issues that attorneys face daily when working with courts, such as e-filing, e-discovery, security of data, communications, case presentation, policy considerations, and file retention.
LAW 3696. ADVANCED LEGAL WRITING. 2 to 3 Units.
This course surveys documents of legal practice and the skills needed to write them. Students will engage in problem-solving via legal analysis and writing, receive hands-on drafting experiences, and gain greater sophistication and power as legal writers. Some sections will emphasize contract drafting while others will survey a wider range of practice documents. Specific emphasis will be announced in advance of the semester. Examples: Advanced Legal Writing: Contract Drafting; Advanced Legal Writing: Writing for Practice Survey; Advanced Legal Writing: Non-Litigation Drafting (r).
LAW 3696C. ADV LGL WRT: Contract Drafting. 2 Units.
This course surveys documents of legal practice and the skills needed to write them. Students will engage in problem-solving via legal analysis and writing, receive hands-on drafting experiences, and gain greater sophistication and power as legal writers. Some sections will emphasize contract drafting while others will survey a wider range of practice documents. Specific emphasis will be announced in advance of the semester. Examples: Advanced Legal Writing: Contract Drafting; Advanced Legal Writing: Writing for Practice Survey; Advanced Legal Writing: Non-Litigation Drafting (r).
LAW 3696D. ADVANCED LEGAL WRITING: DRAFTING BUSINESS ENTITY AND TRANSACTIONAL DOCUMENTS. 2 Units.
This course is a transactional/document drafting skills course. The course would focus on the nuances of organizational and transactional documents generally (and the specifics from a healthcare perspective) and how to draft them. (meets skills requirement) Pre-Requisite: LAW 3529. LAW 3154 recommended, but not required.
LAW 3697. LEGAL MALPRACTICE. 1 Unit.
This course will consider how to prove, defend, and present claims of legal practice.
LAW 3698. LEGAL ETHICS AND TECHNOLOGY. 1 or 2 Unit.
This course will cover the ethical issues that arise through the use of various types of technologies and social media. The course will focus on the Florida Rules of Professional Responsibility and Florida ethics opinions. Pre-Requisite: Professional Responsibility.
LAW 3699. LEGISLATION. 3 Units.
This course is an introduction to the law of legislation, including the mechanics of the legislative process, statutory interpretation (including approaches based on text, intent, and purpose), representational theories, and the regulation of lobbying and campaign finance. The course will also include exercises in drafting legislation.
LAW 3710. LOCAL GOVERNMENT LAW. 2 to 3 Units.
A basic course dealing with the organization and power of units of local government, with emphasis on municipal corporations and counties. (o).
LAW 3715. MEDIA LAW. 2 to 3 Units.
This course explores constitutional, legislative and judicial actions that affect freedom of speech and of the press. The case book and class discussions will address court decisions and other government actions that impact upon speakers generally and the news media in particular. Topics will include some or all of the following: prior restraint, libel, invasion of privacy, news gathering, and regulation of commercial and political speech. (o).
LAW 3716. MEDIA LAW SEMINAR. 3 Units.
New and evolving newsgathering techniques, such as hidden cameras, unauthorized taping, internet research, and inside informants, cause the courts to constantly reevaluate the balance between press rights and the right of individuals to their privacy. This distance learning course will explore this balance by introducing students to media law topics including: prior restraints, reporter shield laws, court access, record access, invasion of privacy and defamation. Students will study a media law topic in-depth for a final paper in this course. (meets writing requirement).
LAW 3718. MEDIATION SKILLS TRAINING. 3 Units.
This course is designed to give students hands-on experience in mediation. Students will be assigned to experienced mediators who will serve as their mentors in "live" cases. Students must attend a mandatory training session (see semester registration materials for dates and details). This course satisfies the Skills Requirement. Pre-requisites: LAW 2350 and LAW 3761. (r).
LAW 3722. MEDICAL JURISPRUDENCE. 2 to 3 Units.
A course devoted to the interrelationships of Law and Medicine. Illustrations include: examination of the medical expert, neuropsychological testing and head trauma, video documentary and disability of evaluation, and the use of economist, psychiatrist, and rehabilitation specialist and the projection of future damages. Visiting lecturers participate, many of whom are past presidents of national and state trial associations.(r).
LAW 3729. MERGERS AND ACQUISITIONS. 3 Units.
This course introduces the legal principles that underlie mergers and acquisitions and focuses primarily on the corporate law aspects of mergers and acquisitions. Among other topics, the course will examine the corporate formalities and statutory requirements of business acquisitions, documentation and negotiation of transactions, key drivers of mergers and acquisitions activity, business incentives of the parties to the transactions, fiduciary duties and other obligations of company boards of directors, state anti-takeover statutes, and disclosure and requirements arising from the securities laws. Tax, antitrust, and other regulatory issues will also be discussed. Prerequisites: LAW 3154 or LAW 3255.
LAW 3730. MENTAL HEALTH LAW SEMINAR. 2 to 3 Units.
A study of the laws and regulations regarding mental health law, as well as, informed consent, privacy and insurance issues. (meets writing requirement) (o).
LAW 3731. MILITARY LAW. 2 to 3 Units.
An introduction to the military justice system, its practices and procedures, with emphasis on constitutional restraints and the Uniform Code of Military Justice. (o).
LAW 3735. MILITARY JUSTICE EXTERNSHIP. 3 Units.
LAW 3740. MOCK TRIAL BOARD. 1 to 2 Unit.
Students develop their skills to compete in inter-law school trial competitions sponsored annually by various bar and trial lawyer organizations. The Board also administers the Mock Trial Competition at Stetson. Selection to the Board is based in part on intramural competition and part on evaluation by faculty advisors. S/U grade only. (r).
LAW 3751. MULTISTATE STRATEGIES. 4 Units.
This course will provide students with an opportunity to engage in an intensive, substantive review of subjects and rules tested on the Multistate Bar Examination (MBE). It also will introduce students to test-taking skills and strategies relevant to the MBE. Students will be required to watch weekly lectures, engage with the professor and other students, complete regular practice tests, and answer weekly hypotheticals. This class will allow students to gauge their particular strengths and weaknesses in each subject, deepen their understanding of core concepts in public and private law, and develop effective study techniques for the MBE. The course is designed as an introduction to bar preparation and is not a substitute for commercial bar preparation courses. Satisfactory performance in this course does not guarantee that a student will pass the bar examination. Students will take a final examination on campus. The course will be limited to students in their final year of study. S/U Grade Only.
LAW 3753. MUNICIPAL&ADMIN LAW EXTERNSHIP. 3 Units.
Students will perform duties for various municipal offices such as code enforcement, housing, and property management. Typical duties will include: conducting research into property ownership, compliance status, and the interrelation of municipal codes with state and federal law; attaching liens; and performing comparative studies on housing development patterns. Many duties can be performed remotely. Consequently, this program may be well-suited for part-time students.
LAW 3754. MOOT COURT BOARD. 1 to 2 Unit.
Students continue to develop their written and oral advocacy skills by competing in moot court competitions hosted by law schools, bar associations, or other legal organizations. The Board members help with a number of projects on- and off-campus, which include hosting on-campus competitions and assisting with the oral argument component in Research and Writing II. Board members are selected in one of two ways: (1) due to their performance in Research and Writing II, or (2) from the annual tryout competition. Selection is based, in part, on faculty advisor evaluation. S/U grade only. (r).
LAW 3755. MOOT COURT BOARD. 1 to 2 Unit.
Students continue to develop their written and oral advocacy skills by competing in moot court competitions hosted by law schools, bar associations, or other legal organizations. The Board members help with a number of projects on- and off-campus, which include hosting on-campus competitions and assisting with the oral argument component in Research and Writing II. Board members are selected in one of two ways: (1) due to their performance in Research and Writing II, or (2) from the annual tryout competition. Selection is based, in part, on faculty advisor evaluation. S/U grade only.(r).THIS COURSE IS FOR STUDENTS PARTICIPATING IN THE MOOT COURT BOARD COMPETITIONS.
LAW 3756. NAFTA & BUS ISSUES IN AMERICAS. 2 to 3 Units.
This class offers an introduction to the institutional and substantive legal aspects of NAFTA and other trader regimes in the Americas by exploring controversies arising from NAFTA such as environmental and labor law. The course focuses on the impact of trade surveying the obligations assumed by the NAFTA parties and their impact on public and private trade law. In addition, it will also discuss and introduce other regional arrangements in the hemisphere such as the MERCOSUR.
LAW 3759. NATURAL RESOURCES LAW SEMINAR. 2 to 3 Units.
This seminar offers an introduction to the various topics of natural resources law: wildlife and animal projection, forests, oceans and fisheries, mining, and national parks. Students read provocative essays on these issues at the same time they prepare their seminar paper, which may address any issue in natural resources or environmental law. There are no upper-level prerequisites. (meets writing requirement).
LAW 3760. NON-LITIGATION DRAFTING. 2 to 3 Units.
This course is designed to teach students the skills and components of drafting transactional legal documents. The course will teach students the rudimentary skills of transactional drafting, including such skills as identifying the objectives or purposes of any given document, drafting to accomplish those objectives or purposes, and negotiating and collaborating to arrive at a final document acceptable to all parties involved in the transaction. Students will learn about the basic components, organization, and language of non-litigation documents through analyzing, revising, and drafting contracts. Because students will draft all or part of a transactional document for their final project, there will be no final exam in this course.
LAW 3760B. NON-LITIGATION DRAFTING: BUSINESS ENTITIES & TRANSACTIONS. 2 or 3 Units.
This course is designed to teach students the skills and components of drafting transactional legal documents. The course will teach students the rudimentary skills of transactional drafting, including such skills as identifying the objectives or purposes of any given document, drafting to accomplish those objectives or purposes, and negotiating and collaborating to arrive at a final document acceptable to all parties involved in the transaction. Students will learn about the basic components, organization, and language of non-litigation documents through analyzing, revising, and drafting contracts. Because students will draft all or part of a transactional document for their final project, there will be no final exam in this course. Pre-Requisite: Business Entities.
LAW 3761. NEGOTIATION AND MEDIATION. 2 Units.
This course covers negotiation and mediation, and related forms of Alternative Dispute Resolution. Students will study the legal framework including, but not limited to the relevant Florida and federal court rules (including local rules); and the relevant rules on ethics and professional responsibility. The course will involve students in a variety of practical exercises. This course satisfies the Skills Requirement. (r).
LAW 3763. OCEAN & COASTAL LAW & POLICY. 3 Units.
This course is designed to prepare students interested in practicing property law, environmental law or related legal fields. This course will explore public and private conflicts involving coastal development and conservation, federalism issues, tragedy of the common drivers for coastal development and resource exploitation, ecosystem service and carbon sequestration potential of coastal lands, management of natural resources (such as fisheries and biodiversity), international ocean law, and alternative energy options in the coastal zone.
LAW 3764. Overview of Florida Law: Civil & Criminal Procedure, Wills, & Business Entities. 2 to 3 Units.
This course is intended to help students prepare for the bar exam by (1) addressing subjects more frequently tested by “objective” questions on the bar exam (e.g. multiple-choice) and (2) providing students continual practice in answering questions on these subjects. There is no prerequisite for enrolling in this course. When possible, students should defer taking this course till their last semester.
LAW 3765. NONPROFITS SEMINAR. 2 to 3 Units.
Consideration of the role of the nonprofit corporation vis-a-vis the business corporation as well as fiduciary relationships and regulatory issues. The seminar will include a workshop on the organization of a nonprofit corporation and obtaining tax exempt status. (meets writing requirement)(o).
LAW 3766. ORG OF BUSINESS ENTERPRISE. 3 Units.
This course will explore the factors to consider in choosing a form of business enterprise for small businesses including: corporate law, taxation law (state and federal), estate planning and regulatory concerns. Students will be required to develop a planning model and document a corporation, S corporation, partnership and limited liability company. Pre-requisite: LAW 3255 or LAW 3154 (may be taken simultaneously).
LAW 3767. PATENT LAW. 2 to 3 Units.
This class is a 3-credit elective class intended to provide a general introduction to patent law, both in theory and in practice. There are no prerequisites. In particular, you should not feel that you need any specialized scientific or technical knowledge, or any economic training, to be able to learn patent law or to do well in the class. The purpose of the course is to introduce you to the basic principles of patent law and how patents are used. To do so, we will discuss a little history, philosophy, economics, and technological innovations; a lot of domestic statutory provisions, cases and regulations; and a few international treaties. Although we will cover a wide range of topics, the readings, while substantial, are planned to provide familiarity with the issues without overwhelming you with the details. We will also reinforce our understanding of many of the legal doctrines and concepts by performing some practical exercises which will be graded. We will also seek to develop your legal skills through your exercises and through your class participation.
LAW 3768. PAYMENT SYSTEMS. 3 Units.
An examination of the law regarding systems for payment and treatment of money in commercial transactions. The course will address Articles 3 (negotiable financial instruments), 4 (bank deposits and collections), 4A (electronic funds transfers), and 5 (letters of credit). Articles 6,7,& 8 may also be addressed if time permits. Students will discuss federal statutes and regulations governing credit cards, debit cards, and other aspects of payments law. This course satisfies the Code Requirement.
LAW 3769. PARTNERSHIP TAX. 3 Units.
This course will consider the partnership and LLC as taxable entities under Subchapter K of the Internal Revenue Code. It will cover the tax consequences pertaining to the formation, operation, and termination of a partnership or LLC. In particular, the course will study recognition and nonrecognition upon formation, capital accounts, allocation of partnership tax items amongst the partners, rules pertaining to inside and outside basis, division of liabilities amongst partners, anti-abuse provisions pertaining to partnership and LLC taxation, and partnership reorganizations.
LAW 3770. POST TRIAL & APPELLATE PRACTIC. 4 Units.
This course expands the existing course in Appellate Practice by integrating post-trial proceedings. Appellate lawyers increasingly appear in post-trial proceedings to assist trial counsel in either challenging or defending verdicts. Among the tasks appellate lawyers perform are (1) arguing the sufficiency of record evidence to support verdicts on liability and damages and (2) arguing the impact of alleged error at trial on verdicts. The expanded course would commence with a lawyer's post-trial work and place students in the procedural position appellate lawyers often occupy before appeal commences. This course satisfies the Skills Requirement.
LAW 3771. POVERTY LAW. 2 to 3 Units.
This course will begin with historical and theoretical perspectives on poverty, poor relief, and government benefits. It will then cover a variety of public benefits laws and regulations, such as Social Security, Welfare (TANF), Food Stamps, Unemployment, Housing and Medicaid/Medicare. These programs will be considered from both the perspective of administrative law and more broadly as anti-poverty measures. In addition, the course may address some non-administrative law issues related to poverty, such as legal assistance, private housing, consumer law, and constitutional issues. This course satisfies the Administrative Law Requirement.
LAW 3772. PHILOSOPHY OF LAW. 1 Unit.
This course will address several of the major threads within the topic of philosophy of law: first, the nature of law and authority; second, responsibility in the law; and third, justice and fairness in the law.
LAW 3773. PRE-TRIAL PRACTICE. 4 Units.
A survey of and active student participation in activities relating to the evaluation, preparation, and development of a civil case for trial. This course satisfies the Skills Requirement. Pre-requisite: LAW 1150 and LAW 2190. (r).
LAW 3774. APPELLATE ADVOCACY EXTERNSHIP. 4 to 7 Units.
Students will receive meaningful learning opportunities in appellate advocacy, including conducting legal research, preparing legal documents, attending legal proceedings and/or meetings, interacting with other attorneys, and completing other work the field supervisor considers significant. When applying for the externship, students will indicate whether they prefer to work part-time during the school year (about 20 hours per week, during the normal business day) or full-time during the summer (about 40 hours per week, during the normal business day); specific schedules will be set before placements are confirmed. Students will receive between 4 and 7 credit hours, depending on the number of hours worked. Eligible students must have completed at least 30 credit hours before starting the externship. must have successfully completed Professional Responsibility, and must have a cumulative GPA of 3.0. , Students may not work for a court or another law firm during a term they are participating in this externship. The field supervisor's assessment of the intern's performance will be heavily considered in assigning a course grade. Each intern usually will complete at least one significant piece of legal writing during the externship, based on the work assigned by the student's field supervisor. Interns will also be required to maintain weekly journal and submit a final reflective paper. This written work will also be evaluated by the faculty supervisor. The externship will be assessed on the S/U scale.
LAW 3775. PRODUCTS LIABILITY. 3 Units.
This course focuses generally, but not exclusively, on generically dangerous products. The first portion of the course analyzes legal theories including negligence, warranty and strict liability with an emphasis on failure to warn and defective design. The second part of the course analyzes current legal issues including federal preemption of state product liability actions and punitive damages, practical matters relating to preparing and trying a products liability case, and procedural issues. (o).
LAW 3776. POLISHING PROFESSIONALS WRKSHP. 1 Unit.
The writing process contains four stages: prewriting, drafting, revising, and polishing. This two-day workshop will focus on the fourth and final stage of the writing process: polishing, which includes editing and proofreading. Because written documents make an impression on the reader, the "polishing" of a document is extremely important. With that said, the polishing stage is the stage that most professional legal writers skip. If the stage is not skipped, the professional legal writers delegate the polishing of their documents to their assistants or paralegals. This workshop will help each student or developing legal writer to identify the "areas of opportunity" in his or her documents and learn to "polish" his or her own works. Pre-requisites: LAW 1270 and LAW 1275.
LAW 3777. THE POWERS OF WAR AND PEACE: THE PRESIDENT, CONGRESS, AND THE COURTS SEMINAR. 2 or 3 Units.
This seminar examines national security legal questions of war and peace, applying constitutional and statutory provisions and caselaw to real-life and notional scenarios involving the tensions between the Executive, Congress, and the courts. Students will lead the discussion, and in the final class, will assume the roles of legal counsel and Members of the Senate Foreign Relations Committee and counsel from the Office of the Legal Adviser, Department of State, addressing the war powers of Congress and the President in the context of two crisis situations. Pre-Requisite: Constitutional Law I.
LAW 3780. PUBLIC FINANCE SEMINAR. 2 to 3 Units.
This course will explore the public finance function within state and local governments, with a particular emphasis on public finance in the State of Florida. Students will be exposed to the basic principles that uphold the system of tax-exempt bond financing of public (and certain non-public) projects in the United States, covering federal tax and federal securities law aspects of public finance, as well as, state law concepts of public purpose, community redevelopment and bond validations. The seminar will include practical applications of a bond financing, and attempt to familiarize students with basic public finance concepts. (meets writing requirement).
LAW 3788. RACE AND THE LAW SEMINAR. 2 to 3 Units.
This seminar focuses on historical and current issues regarding race and American law. It offers students the opportunity to advance their research and writing skills; and it will provide students with an opportunity to discuss race related government policies, regulations and constitutional issues. (meets writing requirement).
LAW 3800. REAL PROPERTY FINANCE. 2 to 3 Units.
A study of modern mortgage law including: mortgage substitutes; rights and duties of the parties prior to foreclosure; transfer by mortgagor and mortgagee; foreclosure; special priority situations; and subrogation, contribution and marshaling. (o) Pre-requisite: LAW 1251.
LAW 3803. REAL PROPERTY LITIGATION. 2 to 3 Units.
A survey of the more common conflicts that arise in a real property context. The focus in each area of litigation will be three-pronged: philosophical, fundamental principles and elements of each cause of action, and tactical "courtroom" skills. Topics will include both governmental challenges to private property (land use regulations, environmental and zoning restrictions, eminent domain) as well as private disputes (quieting title, slander of title, boundary disputes, ejectment, landlord-tenant conflicts, adverse possession and prescriptive easements, and foreclosure actions).
LAW 3805. REAL PROPERTY SEMINAR. 2 to 3 Units.
An examination of current legal problems in real estate development, with emphasis on condominiums and co-operatives. (meets writing requirement) (o).
LAW 3810. REMEDIES. 3 Units.
A general examination of traditional legal and equitable remedies in a variety of contexts, of declaratory relief, and of current remedies developments in the public law area. (r).
LAW 3816. REPRODUCTIVE TECH & THE LW SEM. 3 Units.
The alternatives available as a result of new reproductive technologies create challenges to kinship and family law. Additionally, the need for physicians in these reproductive techniques requires analysis of the associated contracts and informed consent involved in these settings. The central goals of this course include developing the ability to analyze the legal implications of advances in reproductive technology and to evaluate appropriate ways to advise all parties involved in utilizing these technologies. Pre-Requisite: Completed first year courses. LAW 3412 is suggested, but not required.
LAW 3817. RESEARCH ASSISTANCE FOR CREDIT. 1 or 2 Unit.
A student may earn either 1 or 2 hours of elective academic credit per semester by serving as a Research Assistant for a full-time College of Law faculty member, Distinguished Professorial Lecturer, or Law Professor Emeritus in connection with the faculty member’s research. A student who wishes to take this course must complete the Research Assistance for Credit Application Form, which must be signed by both the supervising faculty member and the Associate Dean for Academics. This course will be graded on the S/U scale. Duties: A Research Assistant will be expected to devote between 80 and 110 hours per credit hour to the position. To earn academic credit, the student’s work must include significant components of both research and writing. The student’s written work may take a variety of formats, but should total at least 3,375 words; if the written work includes footnotes or endnotes, the word count should be exclusive of those notes. If the anticipated work will not include a substantial written component, the professor should consider hiring the student as a Research Assistant for pay, using the guidelines and policies for that position. The professor must retain the student’s written work for one full academic year. The student and the professor should establish a regular meeting schedule to review the student’s work and progress. As a guideline, the student and professor should meet in person at least every two weeks. The student must accurately track and record the hours worked each week and must submit those time records to the professor in a method and on a schedule agreed to in advance. Meetings with the professor count as hours worked. The supervising professor must maintain time records for one full academic year. Before the last day of final examinations for the semester, the Research Assistant must complete and file with the Registrar a Final Certification form regarding the course.
LAW 3818. ROLE OF LAW DEVL COUNTRIES SEM. 3 Units.
The course considers the nature of law, with particular reference to developing countries, and then examines various theories and concepts of development. It then examines the theorectical relationships between law and development. The course addresses the role of law in development through a series of cases on such crucial issues as judicial reform, the rule of law in development through a series of cases on such crucial issues as judicial reform, the rule of law and good governance, constitutionalism, and corruption. (meets writing requirement).
LAW 3821. SALES, LEASES & LICENSES. 3 Units.
An examination of the law of commercial transfers of goods and other personal property rights under domestic, international, and e-commerce law. This course will address Articles 2 (sales) and 2A (leases) of the Uniform Commercial Code, the United Nations Convention on Contracts for the International Sale of Goods, and various sources of law applicable to e-commerce transactions, including licenses.This course satisfies the Code Requirement. (r).
LAW 3825. SCIENTIFIC EVIDENCE WORKSHOP. 2 to 3 Units.
This course explores the law regarding the admissibility of scientific evidence and the tactics and strategy involved in the use of expert witnesses at trial. Students will conduct pretrial interviews of expert witnesses, depose an expert witness, draft and argue a motion in limine, and conduct direct and cross examinations of expert witnesses in a trial setting. Pre-requisites: LAW 2190 and LAW 3920.
LAW 3832. SECURED TRANSACTIONS. 2 to 3 Units.
An examination of the law of security interests in personal property, focusing primarily on Article 9 of the Uniform Commercial Code. Consideration is given to the creation, validity, priorities, and enforcement of security interests, and the relationship of Article 9 to bankruptcy law. This course satisfies the Code Requirement. (r).
LAW 3863. SECURITIES REGULATION. 2 to 3 Units.
A survey of federal and state regulation of securities from initial registration and issuance to public trading. The course focuses on the nature and extent of investor protection and the duties and liabilities of corporate officers and directors, the issuer, and others. This course satisfies the Administrative Law Requirement. (o).
LAW 3864. SECURITIES LITIGATION. 3 Units.
This course will provide students with knowledge of the core statutes, regulations, and legal principles that govern securities litigation in the public company context. Students will examine how the law plays out in the "real world," with a grabbed-from-the-headlines public company crisis to focus classroom discussion and analysis of materials typically encountered in practice (e.g., SEC filings, securities class action complaint, and directors and officers insurance policy).
LAW 3869. SHORT COURSE ON ELDER LAW. 1 Unit.
This one credit pass/fail course will review the ten most common areas of law in an elder law practice, providing an overview of Elder Law for those who do not plan to practice Elder Law, but who will likely have clients who are elderly. Students who have already completed the course Introduction to Aging and the Law may not enroll in the Short Course on Elder Law.
LAW 3871. SEP OF POWERS OUR CON SYS SEM. 2 Units.
This seminar will examine the theoretical and historical foundations of our tripartite constitutional government, as well as the current "law" of the separation of powers under the Constitution. The latter will be explored by focusing on several of the more controversial and high-profile separation of powers issues to confront our federal government, including issues currently before the Court such as the scope of the President's power to make recess appointments. See Noel Canning v. NLRB, 705 F.3d 490 (D.C. Cir. 2013), cert. granted, 570 U.S. ____ (June 24, 2013) (No. 12-1281). Pre-requisite: LAW 1195 (meets writing requirement).
LAW 3874. FLA CRCT CRT (APPELL) EXTRNSHP. 3 to 4 Units.
Students are placed with three-judge appellate panels in the Sixth Judicial Circuit (Pasco and Pinellas Counties). Under the direction of a Circuit appellate judge, students draft memoranda and orders, conduct research, and may attend appellate panel meetings. Students will review and make recommendations on civil or criminal cases invoking the appellate jurisdiction of the Circuit Court, including: appeals from County Court, petitions to review administrative action, and all other petitions seeking extraordinary writs necessary to the complete exercise of the Circuit Court's appellate jurisdiction. Priority in assignment of interns is given to the civil appellate panels. This externship also provides opportunities to view the types of court proceedings and administrative actions that are brought before the panels. The externship is open to second and third year students who have completed Research and Writing I and II; other students may be permitted on special request. This externship is valuable for anyone who is interested in doing appellate work upon graduation.
LAW 3875. SPORTS LAW. 2 to 3 Units.
The first part of the course will survey the structure of the sports industries and examine the application of contract, labor, and anti-trust law to the relationships between the professional athlete, employers, and governing organizations. The second part of the course will address general entertainment law and attendant topics in copyright and contract law. (r).
LAW 3876. SOCIAL JUSTICE ADVOCACY&THE LW. 3 Units.
This course is designed to inspire students to use their legal skills to promote individual and collective well-being, enhance human dignity and help balance the scales of both power and wealth. Through case studies of social justice lawyering students will become familiar with communities that are marginalized, subordinated, and underrepresented. The course will introduce students to equal justice lawyering, lawyering for social change, and "transformative" lawyering. Issues related to ethics, professional responsibility and strategies for effective lawyering in court and in the community will be examined.
LAW 3880. STATE AND LOCAL TAXATION. 2 to 3 Units.
A comparison of Florida tax structures with those of other states. The course deals with the problems arising from immunities and exemptions from taxation and with classification, assessment, levy, and collection of taxes on tangible and intangible property. (o).
LAW 3884. FLA DEPT STATE GEN COUN EXTERN. 7 or 12 Units.
Students selected to participate in this externship program will work full time in the Office of the General Counsel of the Florida Department of State in Tallahassee. Under the direction of the General Counsel and/or the Deputy General Counsel, students will participate in all facets of the General Counsel's work, with a principal emphasis on the Department's role concerning elections in the State of Florida. There would be one or two externship positions available during any given semester.
LAW 3885. FLA DISTRICT CRT APPEAL EXTERN. 4 Units.
Students are placed with the District Court of Appeal for the Second District, in Lakeland, Florida. Students intern in Court one day per week, and do research and drafting a second day away from the Court. Students draft memoranda and orders and conduct other research on behalf of the District judges and their staff. This externship is valuable for anyone who is interested in doing appellate work upon graduation. (r).
LAW 3886. FLA DIS CRT APPL EXTERN LIASON. 4 Units.
LAW 3894. SURVEY OF FLORIDA LAW. 2 to 3 Units.
This course will expose students to an array of Florida Bar tested topics, focusing on aspects of the topics that distinguish Florida law from general common law. In addition, the course will provide skill instruction in areas such as effectively assimilating the law and responding to Florida Bar essay and multiple-choice questions. The potential list of topics includes: Florida Civil Procedure; Florida Criminal Procedure; Florida Constitutional Law; Florida Dependency; Florida Evidence; Florida Juvenile Delinquency; Florida Payment Systems; Florida Professional Conduct; Florida Professionalism; Florida Real Property; and Florida Torts. Selection of topics for inclusion in the course will be driven by student need and available teaching resources. Enrollment preference will be given to students in their final semester of law study.
LAW 3895. FLA CRCT CRT (TRIAL) EXTRNSHP. 4 Units.
Students are placed with Circuit Court Judges in Pinellas and Hillsborough Counties and with the State Attorney's Office for the 13th Judicial Circuit in Hillsborough County. Students draft memoranda and orders as well as observe court proceedings. (r).
LAW 3896. FL CRCT CRT(TRL)EXTERN LIAISON. 4 Units.
LAW 3897. STATE LITIGATION EXTERNSHIP. 2 to 3 Units.
Students work under the direct supervision of state government agency attorneys from various State agencies, as well as, under the supervision of one or more full-time faculty members. Students gain experience in document drafting, preparation of pleadings and motions, legal memorandum, and appellate briefs. S/U grade only.
LAW 3898. SURVEY OF FLORIDA PROBATE. 2 to 3 Units.
This course examines the Florida law pertaining to the transfer of property upon the death of the owner, including intestacy, wills, trusts, and estate administration. Note: Students who have taken or audited LAW 3930 are not eligible to take this course.
LAW 3899. TAX OF EXEMPT ORGANIZATIONS. 2 to 3 Units.
This course will involve an intense consideration of the tax rules that govern charities and other nonprofit organizations. It will take students through the rules pertaining to formation, operation, and dissolution of public charities and private foundations. Students will study the charitable contribution deduction in detail. Particular attention will be given to tax rules that seek to prevent charities from engaging in activities that are considered non-charitable, such as commercial activity and political intervention. Finally, students will understand how tax rules respond to the vast amounts of financial wealth untouched by the taxing system.
LAW 3900. TECHNOLOGY IN LITIGATION. 2 to 3 Units.
This course is designed to introduce the student to the use of a variety of demonstrative aids and in the initiation, maintenance and completion of technology litigation. Discussion will also focus on information design, helping the student to develop criteria for determining when technology will assist in the effective presentation of content and when it will hamper effective communication. Pre-requisite: LAW 2190 and LAW 3920. (r).
LAW 3901. SUPREME CRT ADVOCACY & PROCESS. 3 Units.
This course examines the process of selecting cases for Supreme Court review in the context of a single discipline. Students review appellate cases likely to be presented on the docket, and upon accepting cases for review, write the briefs, argue the cases, and write the judicial opinions for the case. This course satisfies the Skills Requirement. Pre-requisite or Co-requisite: LAW 3947.
LAW 3902. TAX POLICY SEMINAR. 2 Units.
Seminar examines tax policy considerations including the historical context of the income tax system, the implications of a progressive tax rate structure, and the role of the taxes in advancing social policy. The seminar will also explore efforts at achieving reform and simplification, current tax policy proposals, and the administration and enforcement of the income tax system, along with professional ethics of tax practice. Students are expected to write a research paper that explores an area of particular interest and will include an oral presentation of the research paper. (meets writing requirement).
LAW 3903. TEACHING ASSISTANCE FOR CREDIT. 1 to 2 Unit.
A student may earn either 1 or 2 hours of elective academic credit per semester by serving as a Teaching Assistant for a full-time or part-time College of Law faculty member in connection with a skills course, or another course approved by the Associate Dean for Academics. To enroll in this course, a student must complete the Teaching Assistance for Credit Application Form, which must be approved by both the supervising faculty member and the Associate Dean for Academics. This course will be graded on the S/U scale. A Teaching Assistant must have previously taken the course for which he or she will be assisting; however, the Teaching Assistant need not have taken the course with the supervising professor. Generally, the Teaching Assistant should have earned at least a 3.0 in the course. A Teaching Assistant will be expected to devote between 80 and 110 hours per credit hour to the position. As part of the duties—which count toward the hours worked—a Teaching Assistant must (1) attend at least 80% of the class sessions of the course for which he or she is assisting, unless the Associate Dean for Academics has, at the supervising faculty member’s request, approved a reasonably equivalent alternative arrangement; (2) meet regularly with the supervising professor; (3) assist with in-class or out-of-class course-related exercises, assignments, and activities; (4) keep accurate time records and submit those on a regular basis to the supervising professor, who will retain them for one full academic year; and (5) before the last day of final examinations for the semester, complete and file with the Registrar a Final Certification form regarding the course. In addition, a Teaching Assistant may be asked to communicate and work with students on exercises and assignments; prepare for and hold meetings with students; assist the professor with administrative aspects of the course; design or edit exercises or case studies; provide feedback on assignments to students; and complete other course-related duties. A Teaching Assistant may not assign grades for other students.
LAW 3904. TECH ISSUES/ LW PRACT MANAGMT. 2 Units.
No modern legal practice can operate without what sometimes seems like a bewilderingarray of software. While all students and practitioners are likely to be familiar with Microsoft Word, whether they use it on Windows or Mac OS X, they have probably never learned to use it properly; still less are they aware of the limitations it imposes.<br> <br>These limitations are not merely theoretical. They cost legal practices literally tens ofthousands of dollars each year in direct expenditure through unnecessary hardware purchases, licensing of other (often even more expensive) software, and/or employing others to manage everything.<br> <br>While practices over a certain size certainly should employ a dedicated IT employee orconsultant, that is an expense that no new solo practice can afford. Moreover, whatever a practice’s size, there is never a good reason to expend funds on unnecessary hardware or software.<br> <br>And these are just the direct costs. Indirect costs involve the missing of significant opportunities: better utilization of technology can also enhance reputation, enlarge the client base, and significantly improve the chances of being successful in arbitration and litigation.<br> <br>This class will explain and demonstrate how better use of technology can assist in promoting the following, key goals:<br> <br>•.
LAW 3905. THEORIES OF CONST'L INTERP SEM. 2 to 3 Units.
This course will explore so-called "textualism," the two theories of originalism (Framers' intent and public meaning), common law constitutionalism, the notion of the Constitution as a "living document," and the role of tradition. It will also examine suggestions that the Constitution is really (a) a treaty, or (b) a civil law document. In order to evaluate the various theories, the course will also consider the differences between positive and negative liberty; between liberties, rights and powers; and between citizens, people and peoples. (meets writing requirement).
LAW 3906. TECHNOLOGY-BASED LAW PRACTICE MANAGEMENT. 1 or 2 Unit.
This course will focus on law practice management technology and the issues that surround practicing law in a technology world. The course will provide an overview of the topics both from a business perspective and a legal perspective. Topics covered will include hardware and software, security issues, business processing, contracts, marketing, and security.
LAW 3909. TOPICS IN BIODIVERSITY LAW. 1 to 2 Unit.
LAW 3910. TOPICS IN INTL HUMAN RIGHTS. 1 Unit.
The challenge of international human rights law facing the asymmetric international political situation; historical legal concept, principles, the evolution of the United Nations human rights program, international human rights conferences and the international order. As a result, students will obtain basic knowledge of the principles and norms of international human rights law.
LAW 3913. TORT LAW PRACTICE AND SKILLS. 3 Units.
A study of selected topics in tort law, including advanced examination of Tort claims beyond workers compensation; premises liability; vicarious liability of employers and parents; alcohol-related tort-accident claims; negligent infliction of emotional distress; and strict liability for abnormally dangerous activities. Students conduct individual research and writing projects on the subject of case studies and class discussion is devoted to a critical evaluation of the case studies from the perspective of a tort law practice group. The research and writing exercises are in lieu of a final examination or term paper. This course satisfies the Skills Requirement. Pre-requisites: LAW 1270, LAW 1275 and LAW 1290.
LAW 3915. TRADEMARKS & UNFAIR COMP. 2 to 3 Units.
A review of the historical development and nature of trademark law including creation and maintenance of trademark rights, registration, infringement, and litigation issues. The fundamentals of unfair competition also are addressed including common law theories, trade secrets law, and some aspects of pricing regulation. (o).
LAW 3920. TRIAL ADVOCACY. 3 Units.
The systematic development of and active student participation in the techniques involved in the trial of cases. This course satisfies the Skills Requirement. Pre-requisite: LAW 2190. (r).
LAW 3920T. TRIAL ADVOCACY*. 3 Units.
The systematic development of and active student participation in the techniques involved in the trial of cases. This course satisfies the Skills Requirement. Must be taken concurrently with LAW 2190 (r).
LAW 3930. TRUSTS AND ESTATES. 4 Units.
This course includes law of intestacy, execution and revocation of wills, planning inter vivos and testamentary trust arrangements, both private and charitable, and the administration of trusts and estates. Note: Students who have taken or audited LAW 3898 are not eligible to take this course.(r).
LAW 3933. UNIFIED FAMILY COURT SEMINAR. 3 Units.
An examination of the Unified Family Court (UFC) mandated by the Florida Supreme Court. Speakers and field trips for hearings and conferences with judges, attorneys, psychologists, and court personnel will give students first-hand understanding of the objectives and workings of the UFC and an opportunity to write a paper on the subject. (meets writing requirement) Pre-requisite: LAW 3412.
LAW 3934. US CRT APPEAL VET CLAIM EXTERN. 7 or 12 Units.
The United States Court of Appeals for Veterans Claims Externship accepts a limited number of students each semester with strong academic records to intern with the Court in Washington, D.C. The Court was created under Article I of the Constitution to review matters related to the denial of veterans' benefits. Students selected to participate in the program will be assigned to work in the chambers of one of the Court's seven judges. Intern duties will include assisting with the research and writing of opinions and preparation for oral arguments. Students selected for the externship will receive seven (7) credits for the summer semester and twelve (12) credits for the fall or spring semesters. Students in the program will be considered "resident" at the College of Law. Students will be required to provide for their own housing and living expenses in the Washington area. Students selected for the program will usually be in the top 25% of their class. Administrative Law is recommended, but not required to participate in the externship.
LAW 3935. UNITED STATES LEGAL SYSTEMS. 3 Units.
LAW 3937. U.S. LGL RESEARCH & WRITING. 3 Units.
LAW 3939. USDC DIST OF COLUMBIA JUD EXT. 7 or 12 Units.
This externship will allow a student to work fulltime in the chambers of a United States District Judge or a United States Magistrate Judge in the United States District Court for the District of Columbia. The student will assist the judge in preparing opinions and orders. The student will also have the opportunity to observe proceedings in court.
LAW 3940. WATER LAW: PUBLIC & PRIVATE. 2 to 3 Units.
This course examines the concepts and rules for protecting public and private property interests in and to water resources. The foundations for abating water pollution through private and public actions are introduced. This course satisfies the Administrative Law Requirement. (r).
LAW 3943. HIST/WESTRN LW&LEG THOUGHT SEM. 3 Units.
This seminar will examine the origins and development of Western legal thought from its earliest foundation in Mesopotamia and the Near East through Greece, Rome, Constantinople, Bologna, and its eventual spread throughout Europe and, subsequently, many parts of the world. During this journey, we will learn not only about "the law" as it existed in each of these societies, but will consider the idea of law, paying careful attention to its historical and ideological development. This course satisfies the Writing Requirement.
LAW 3945. WETLANDS SEMINAR. 2 to 3 Units.
This interdisciplinary seminar examines wetland issues from both the scientific and legal perspective. The scientific portion of the seminar will introduce students to different types of wetlands, their functions and values, and delineation issues. The legal and policy portion of the seminar will focus on the history of wetland regulation, the permit process, mitigation banking, enforcement, and regulatory takings. (meets writing requirement).
LAW 3947. WHITE COLLAR CRIME. 2 to 3 Units.
A study of the prosecution and defense of persons for nonviolent crime for financial gain typically committed by means of deception and in the course and under color of legitimate economic activity.
LAW 3951. WHITE COLLAR ADVOCACY I. 2 Units.
This course covers pretrial and trial techniques in the handling of a white collar case. Students will prepare a document used in a white collar matter. Students will also be engaged in learning basic trial skills in handling a white collar criminal case. Students who previously took White Collar Advocacy are precluded from taking this course.
LAW 3952. WHITE COLLAR ADVOCACY II. 1 Unit.
This course will coincide with the NACDL White Collar Criminal Defense College at Stetson. Students will learn from experts in the field, key trial advocacy techniques for handling a white collar case. Students need to apply to participate in this course. Students who previously took White Collar Advocacy, White Collar Crime, or White Collar Advocacy I are eligible for this course.
LAW 3955. WORKER SAFETY LAW & POLICY SEM. 3 Units.
This course will explore the regulation of worker safety in the United States, focusing on the governing statutes and regulations, the development of legal doctrine, and underlying theories of effective regulation. We will examine, from various theoretical perspectives, each of three component parts of the worker safety regulatory system: (1) the labor market's ability to allocate safety risks and wages; (2) state workers' compensation laws as a replacement for tort liability; and (3) the effectiveness of the Occupational Safety and Health Act and regulations, including an analysis of the scientific risk assessment techniques involved in setting OSHA exposure regulations.
LAW 3960. WORKERS' COMPENSATION. 2 to 3 Units.
A study of the different facets of workers' compensation, including an examination of the state law and how to handle a workers' compensation case. (o).
LAW 4100. BANKRUPTCY CLINIC. 5 Units.
We would offer it during the fall and spring semesters (not summer, given the challenge of developing these professional skills in a short time period). By offering it in both fall and spring, more students can participate, and matters not completed at the end of a semester can be picked up by a student in the following semester (in some cases, the pro bono attorney mentor will need to complete the case given the timing and student availability). It also allows students to coordinate the clinic semester based on timing of relevant courses and bar clearance.
LAW 4200. CHILD ADVOCACY CLINIC. 5 Units.
This clinic will be based at the Office of the Public Defender at the 6th Circuit of Florida, which is the only office in the State of Florida that is funded for the Crossover Program. This program allows the office to represent children in dependency cases as well as in their delinquency cases. Our clinic would afford Stetson certified legal interns to appear in front of the judges to try cases, and also advocate for the children in their dependency matters. This opportunity would allow our students to understand the special dynamic of the attorney-client relationship where the client is a juvenile, and provide them with a holistic understanding of the juvenile justice system. Steve Nelson, Senior Assistant in the Public Defender's Juvenile Division is a Board Certified Criminal Trial Attorney will serve as the Adjunct and teach the classroom component in addition to supervising students. As with our clinics, students would receive five credits, and be required to dedicate 200 hours. (meets skills requirement) Prerequisites: LAW 2350; LAW 2190; LAW 3270; LAW 3290. LAW 3412 is preferred, but is not a required prerequisite.
LAW 4500. CIVIL LEGAL SERVICES CLINIC. 5 Units.
Students are introduced to the actual practice of law, representing low income individuals primarily in the areas of domestic relations, child custody, landlord-tenant, consumer credit, collection matters and government entitlement matters. (r) This clinic satisfies the Skills Requirement.
LAW 4520. CIVIL ELDER LAW CLINIC. 5 Units.
The clinic student, under the Florida Integration Rule, will represent age 60 and older clients who meet income eligibility guidelines. The student will be responsible for all phases of client representation, including interview, investigation, drafting pleadings/documents, negotiations, administrative hearings and trials. This clinic satisfies the Skills Requirement. (r).
LAW 4532. FEDERAL PUBLIC DEFENDER CLINIC. 5 Units.
This clinic will be based at the Federal Defender's Office for the Middle District of Florida. This clinic would afford Stetson certified legal interns an opportunity to actively participate in the criminal justice system and perform the functions of an Assistant Federal Defender through all facets of case management, including representing clients during trials in federal court cases arising from MacDill Air Force Base or Veteran's Administration property. Students will have the opportunity to represent clients charged with federal criminal charges at detention hearings and first appearances in the district court. Students will assist with other motion hearings. Students will further develop core competencies in advocacy skills and substantive knowledge required to serve as a Federal Assistant Defenders through a combination of experiential learning and classroom instruction. The classroom component will consist of a two day orientation at the beginning of the semester and weekly classes throughout the semester focusing on the Federal Rules of Criminal Procedure and their practical application to the cases the students are working with; applicable state law; sentencing guidelines, including hypothetical problems; U.S. District Court Rules; and the Local Rules for Middle District Florida. An Assistant Federal Defender, who supervises Stetson students, will serve as the Adjunct and teach the classroom component in addition to supervising students. As with our other clinics, students would receive five credits, and be required to dedicate 200 hours. (meets skills requirement) Prerequisites: LAW 2350; LAW 2190; LAW 3270 and LAW 3920.
LAW 4535. IMMIGRATION CLINIC. 5 Units.
Students in this program are placed with the Immigration Unit of Gulfcoast Legal Services, a non-profit legal aid organization. The Immigration Unit assists persons who are immigrant victims of crime with a focus on domestic violence. Students perform duties associated with Violence Against Women Act self-petitions, U visas for victims of crime, and T visas for victims of human trafficking; representing persons in asylum, withholding of removal, and Convention Against Torture claims; as well as an unaccompanied immigrant children project for children present in the United States without legal status and without parents. Students are involved in all aspects of case preparation and management, including Immigration Court representation. However, most cases are argued through written advocacy. Students work alongside staff and are expected to spend as much time as possible in the office working under sometimes stressful deadlines and difficult circumstances.
LAW 4540. INNOCENCE INITIATIVE CLINIC. 5 Units.
The Innocence Initiative Clinic will afford participating students the opportunity to work closely with supervising attorneys on investigating the cases of individuals who assert that they have been wrongfully convicted. The cases that the students work on are provided by the Innocence Project of Florida in Tallahassee. By conducting investigations, students will complete a variety of tasks including working with investigators, interviewing witnesses, reading trial and appellate transcripts, and conducting legal research on a variety of issues related to post-conviction matters. This clinic will include a classroom component that will focus on the causes of wrongful convictions, as well as a variety of legal issues that may arise in drafting Motions for Post-Conviction Relief. In addition, each student will be responsible for making a presentation to the Education Division of Stetson's Innocence Initiative about some aspect of wrongful convictions. As with other clinics, students would receive five credits, and be required to dedicate 200 hours a semester to this endeavor. The course would be offered fall, spring, and summer sessions. (meets skills requirement) Prerequisites: LAW 2350; LAW 3270; 20 hours of pro bono work in the Innocence Initiative. LAW 2190 is recommended, but not required.
LAW 4548. LOCAL GOVERNMENT CLINIC. 5 Units.
Students are exposed to governmental law practice and will have the opportunity to work on a variety of governmental law issues, including municipal liability, zoning, ordinances, etc. Students will research, write memoranda, pleadings and attend council, board or commission hearings. This clinic satisfies the Skills Requirement. (r).
LAW 4549. LOW INCOME TAXPAYERS CLINIC. 5 Units.
This Clinic will be based at Gulfcoast Legal Services where a Low Income Taxpayers Clinic, funded by the Internal Revenue Services, has been in operation since 2006. It will offer students opportunities to gain practical lawyering skills while representing low to moderate income taxpayers before the Internal Revenue Service. Working under the supervision of experienced attorneys, the clinic's students will assist in all aspects of delivering dispute resolution services to low and moderate income taxpayers against the IRS. On behalf of the law and moderate taxpayers, students engage in interviewing, counseling, research, drafting, and negotiation, and litigation of Federal Tax controversies. As with our other clinics, students would receive five credits, and be required to dedicate 200 "practice" hours per semester. An accompanying seminar would include instruction in basic tax law, discussion of current IRS opinions, regulations, and other administrative or judicial releases that are pertinent to the representation of low to moderate tax clients, analysis of students' cases regarding substantive and procedural strategies, and the instruction in basic lawyering skills. (meets skills requirement) Prerequisites: LAW 2350 and LAW 2190. Preferred Courses: LAW 3449; LAW 3449; LAW 3761; LAW 3602.
LAW 4550. PROSECUTION CLINIC. 5 Units.
A clinic permitting students to participate actively in the investigation, preparation and trial of criminal cases in the State Attorney's Office. This clinic satisfies the Skills Requirement. Prerequisites: LAW 2190, LAW 3920 and LAW 3270.(r).
LAW 4560. PUBLIC DEFENDER CLINIC. 3 to 5 Units.
A clinic permitting students to assist the Public Defender's Office actively in the investigation, preparation and defense of criminal cases. This clinic satisfies the Skills Requirement. Prerequisites: LAW 2190, LAW 3920 and LAW 3270. (r).
LAW 4563. SUPREME COURT ADVOCACY CLINIC. 2 to 4 Units.
The clinic will be exclusively focused on U.S. Supreme Court matters, and in its initial phase it will be limited to the writing of amici briefs in white collar criminal defense matters. Students in this Clinic will handle amici briefs in two types of criminal defense cases: 1) Petitions for Certiorari to the U.S. Supreme Court, and 2) Cases Accepted on Certiorari by the Supreme Court. The source of the matters handled by the Clinic would be obtained by reaching out to organizations such as the National Association of Criminal Defense Lawyers (NACDL), the Florida Association of Criminal Defense Lawyers (FACDL), and Federal Defender Offices. Because this clinic is designed, in part, to offer an opportunity to part-time students, it will offer students four credits and require 160 hours per semester. Students will be required to participate in both the practice and classroom components. Pre-requisite: Completion of first year coures, including LAW 1200 and LAW 1195. (meets skills requirement).
LAW 4565. TAMPA PROSECUTION CLINIC. 5 Units.
This clinic will be based at the Office of the State Attorney for the 13th Circuit of Florida. This clinic would afford Stetson certified legal interns the opportunity to actively participate in the criminal justice system and perform the functions of a prosecutor through all facets of prosecution, including filing charges, performing investigations, responding to discovery, and conducting jury and non-jury trials. Students will further develop core competencies in advocacy skills and substantive knowledge required to serve as assistant state attorneys through a combination of experiential learning and classroom instruction. An Assistant State Attorney, who currently supervises Stetson Prosecution Clinic students, will serve as the Adjunct and teach the classroom component in addition to supervising students. As with our other clinics, students would receive five credits, and be required to dedicate 200 hours. (meets skills requirement) Prerequisites: LAW 2350, LAW 2190, LAW 3270 and LAW 3920.
LAW 4570. VETERAN'S ADVOCACY CLINIC. 5 Units.
This clinic will teach students how to serve the needs of veterans as they navigate the process of applying for disability benefits and appealing decisions by the Veterans Administration. Students will assist veterans as they file claims, appeal decisions at the local level, and in some cases provide assistance all the way up to the U.S. Court of Appeals for Veterans Claims in Washington, D.C. Specific tasks may include conducting intake interviews, selecting clients, conducting case and legal analysis, performing fact investigations, preparing claims, and drafting briefs. The clinic also includes a moot court exercise to simulate arguing before the U.S. Court of Appeals for Veterans Claims. (meets skills requirement) This course is open to students who have successfully completed all first-year courses and LAW 2350. The successful completion of LAW 3040 is preferred, but not required.
LAW 55001. INTL WILDLIFE LW & GLOBIZATION. 1 Credit.
Law is becoming increasingly globalized, following changes in the world economy. Wildlife law – the protection of rare and exceptional species of animals – is a prime example of this globalization. Wildlife protection increasingly relies on international cooperation (or is hampered by a lack thereof) and is strongly affected by the changing global climate. The study of international wildlife law is especially appropriate in Granada, Spain, near the Mediterranean, which has always been the crossroads of cultures, linking Europe, Africa, and Asia. The course may include a visit to the nearby World Conservation Union – Mediterranean office, which is located near Granada, in Málaga, Spain. <br><br>The course will have two focuses. First, it will discuss the essentials of current international wildlife law. For example, the Convention of Biological Diversity fosters legal cooperation, such as through protecting birds that migrate across continents and whales that move through the high seas. The Convention on International Trade in Endangered Species imposes restraints on international commerce, which is especially important as wealthy nations, such as the United States and in Europe, seek to import animals and animal products from less-developed nations, such as those in Africa and Asia. Second, it will discuss changing attitudes towards wildlife and animal law in an age of a changing global climate, which implicates issues of energy policy, concerns over the spread of diseases, and the disputes over genetically modified foods. It will be a thought-provoking, timely, and engaging course.
LAW 55002. GLOBAL ANIMAL LAW. 1 Credit.
This course is an introduction to global animal law. It aims to provide an overview of the current state of animal law in the world. <br><br>It will begin with a general introduction to animal law and then summarize the evolution of the positive legislation and court decisions world-wide, particularly at:<br><br>- National level: In numerous countries all around the world;- European level: From the Council of Europe and the European Union;- International level: From important intergovernmental organizations; and- Universal level: From the UN instruments and new proposals.<br><br>Course material will include a selection of key doctrinal articles, relevant court decisions and exemplary legislation aiming to preserve animal species from extinction, or to protect individual animals from suffering. The course will consist of class discussions, short presentations from student volunteers and/or international experts.
LAW 55003. COMPARATIVE ANIMAL LAW. 1 Credit.
This course addresses select issues in how federal and state law in the U.S. regulates animals. Topics will include legal and ethical issues relating to the classification of animals as “property”; use of animals by industry, including agribusiness; animal welfare laws; “standing” and other legal obstacles involved in litigating on behalf of animals; and environmental laws addressing endangered and other protected species. The course also includes a unit on EU animal welfare laws and considers the strengths and weaknesses of the U.S. and EU approaches to promoting animal welfare.
LAW 55004. INTELLECT PROP RGHT & FOOD SEC. 1 Credit.
This course will examine the interface and paradox of intellectual property and human rights and health. More specifically, the course will focus on the connections between intellectual property rights and food security in terms of how the right to food as a human right may become affected through policy and legal restrictions imposed by intellectual property law. Particularly, the class will examine gene-based technologies for animal production and health, and the linkage of food security to poverty issues.
LAW 55005. ECOSYSTEM MARKETS: COMPARATIVE APPROACHES TO ENVIRONMENTAL OFFSETS. 1 Credit.
Billions of dollars (and euros) are spent every year on environmental offsets: actions that are designed to compensate for the negative ecological consequences of industrial and developmental activities. The course will examine how the US and Europe use regulatory schemes to create “ecosystem markets” where environmental credits related to endangered species habitat, wetlands, and climate change are bought and sold. Do these markets produce benefits for both the environment and business?.
LAW 55006. INTL INTELLECTUAL PROPERTY LAW. 1 Credit.
Students interested in International Business and Trade Law need to learn the present legal structure and operation of the world trade system. Virtually every product traded on the international market incorporates some form of intellectual property, and understanding these specific laws will serve to further protect a business’s goodwill and brand. The course will introduce students to the international aspects of branches of intellectual property. Attention will be given to general principles of comparative and international law (e.g. territoriality), and to specific law related to obtaining and enforcing intellectual property rights in foreign countries. More specifically, this course will focus on international treaties as they relate to protection of intellectual property. Likely topics will include: (1) a comparison of U.S. and foreign law relating to patents, trademarks and copyrights; (2) Multinational agreements relating to intellectual property, such as the Paris Convention, the Berne Conventions, WTO TRIPs, NAFTA, and the EC Harmonization Directives and Trademarks; and (3) the implementation of these agreements within the U.S. and other countries (with a particular focus on the host country’s laws). Additionally, taking Intellectual Property Law or another course relating to various forms of intellectual property will not be necessary as a primer on the basics of intellectual property will be provided as a part of the course.
LAW 55007. UNFAIR&DECEPTIVE TRADE PRACTICES UNDER THE US FED TRADE COMMISSION ACT-A STATUTORY & COMMON APPROACH. 1 Credit.
Trade regulation in Europe is for the most part governed by trade regulation rules promulgated by the European Union and supplemented by specific regulations applicable to individual countries. This course will introduce the students to the law of Unfair and Deceptive Trade Practices in the United States using the Federal Trade Commission Act. The course will specifically cover the following concepts: 1) The Federal Trade Commission Act; 2) The Relationship of The Federal Trade Commission Act to individual State Unfair and Deceptive Trade Practice Statutes; 3) The Common Law and Administrative Definition of an Unfair Trade Practice; 4) The Common Law and Administrative Definition of a Deceptive Trade Practice; 5) The Concept of Per Se Unfair and Deceptive Trade Practices; 6) Governmental and Individual Remedies for Unfair and Deceptive Trade PracticesThe course materials will focus on United States Federal Court decisions and administrative rulings to provide not only the legal paradigm used to analyze unfair and deceptive trade practices but also provide concrete examples of the kind of business activities that constitute unfair and deceptive trade practices.
LAW 55008. INTERNATIONAL INSOLVENCY. 1 Credit.
Debt is part of life for individuals, businesses, and even countries. Unfortunately, with debt comes times that the debt cannot be repaid. This course considers alternative restructuring policies adopted by various countries to handle the competing interests of parties when insolvency leads to nonpayment of debts. Though the insolvency laws of the United States and Spain will be the starting point for the discussion, the laws of other countries will also be considered. The course structure is based on the Legislative Guide on Insolvency Law, promulgated by the United Nations Commission on International Trade Law (UNCITRAL). The primary focus of the course is the broad policy concerns that must be considered in creating and maintaining workable insolvency laws. Consideration will also be given to the consequences of a country’s inability to pay its debts.
LAW 56001. COMPARATIVE TRIAL ADVOCACY. 3 Credits.
This intensive, two-week experience teaches advocacy through practice, theory, and contemplation. Students will be exposed to the fundamental tenets of rhetoric, psychology, and storytelling. Students will learn how to represent clients at trial through simulated exercises. Developed skills will include witness interview and preparation, opening statements, witness examination, and closings. Students will apply theoretical persuasion constructs to these skills increasing both their substantive knowledge and practical ability. Local techniques and practices form an integral part of this course with multiple guest speakers from England, Scotland and Ireland. These common law attorneys and judges will bring a different view point to the process - expanding the students understanding of the differences and similarities that stretch across legal systems.
LAW 57001. INTL CRT INVOL GLOBL AGING ISS. 1 Credit.
Almost 10,000 people in the US are turning 65 every day. This aging of the population is not unique to the US, however. Many countries are facing myriad issues regarding aging populations at all levels of government and society including the use of courts to handle the issues. Some countries have started to look at aging as a human right. The UN is looking at a draft convention now, following up the Convention on the Rights of Persons with Disabilities. The Organization of American States is also considering action regarding the human rights of older persons. This course will cover these developments as well as look at how countries have addressed the issues of aging. This course will look at the issues from both a systemic and practical perspective, including a skills component to teach the students some of the skills necessary to advocate for their elderly clients.
LAW 57002. COMPAR NEGOTIATION & MEDIATION. 1 Credit.
This course will cover the basic principles of negotiation and mediation, then address the practice in the US in comparison and in contrast to that of the world courts. Students will also participate in mock negotiations and mediations.
LAW 57003. COMPAR CIVIL DISPUTE RESOLUTIO. 1 Credit.
Often overlooked amidst the emphasis on the public law mission of international courts and tribunals is the critical role played by international dispute resolution systems in addressing private, commercial disputes. As the globe continues to shrink, and the advent of Internet-based marketplace platforms proliferate, even the most local of interests can acquire a trans-border dimension. Effectively and reliably resolving trans-border commercial disputes is an increasingly important skill for new lawyers.<br><br>This course introduces students to conventional Nation-based adjudicative tribunals in Europe and elsewhere, to international adjudicative systems and tribunals, and to the challenges of jurisdiction and foreign judgment enforcements in trans-border commercial litigation. The course also introduces students to non-judicial adjudicative tribunals and how those tribunals offer an attractive trans-border dispute resolution alternative. The course has students role-play in simulated negotiation / mediation exercises. The course’s goal is to impart an appreciation of the challenges of trans-border civil dispute resolution, and to expose students to creative opportunities available through alternative international dispute resolution paths.
LAW 57004. WAR CRIMES. 1 Credit.
This course surveys the law of armed conflict as it applies to today’s battlefields. Is there really law in combat? What constitutes a “battlefield?” Are the Geneva Conventions still relevant? When does the law of war apply? Does it apply to non-state actors? What is a war crime, and who decides? Is torture ever lawful? Is waterboarding torture? In the law of war, is there a difference between a terrorist, a combatant, and a criminal? What is an unprivileged belligerent, and who is a lawful combatant? Are drones lawful, and how do we know? Targeted killing? Are superior orders a defense to war crime charges? What is a cyber attack, and are they “armed attacks?” What legal problems do Guantanamo trials face? Is indefinite detention lawful? Such questions are the subject of the course.<br><br>It is not a philosophy course, nor is it national security law, nor human rights law. Those are inextricably related, but we focus on the law applicable in today’s non-international armed conflicts.
LAW 57005. CONTEMPORARY INTERNATIONAL PROBLEMS IN INTERNET AND TECHNOLOGY LAW. 1 Credit.
The course explores contemporary problems related to the Internet and other recently developed high technologies, such as digital video and audio recording and sharing, 3D printing, genetic manipulation, etc. In particular, the proposed course would look at how these new technologies create legal issues in the international context. Specific topics discussed would include: Jurisdiction and choice of law;Freedom of Expression, Privacy and Personhood; and Intellectual Property.Some questions to be addressed: What happens when speech is published in the Internet and becomes accessible around the world, but different jurisdictions want to apply different standards for freedom of expression? How do we enforce national laws violated via the Internet when the violators are located halfway across the globe? Should disputes regarding intellectual property be handled in international fora? Can we make effective and efficient dispute resolution mechanisms available via nongovernmental organizations specialized in certain technologies? How will jurisdictions control the free sharing via the Internet of designs for 3D printing that might facilitate crime or infringe intellectual property rights? How do we maintain control over manipulation of the human genetic germ line when different countries have different regulations and enforcement mechanisms?.
LAW 57006. ADMIN LW IN THE EU AND THE US. 1 Credit.
This course will examine the procedural rules and method of norm creation for administrative law generally, and food and drug laws specifically, in both the European Union (EU) and the United States (US). Understanding how laws are created is essential to understanding whether they can effect the intended change. The EU is a transnational government of an unusual kind. It began with an economic trade treaty centered on the manufacture of coal and steel and the regulation of atomic energy. Today, the EU is much more than a coal and steel community, governing almost every area of European life, include food, wine, and drugs. The EU has tremendous global influence. No other regulatory regime outside the US affects American businesses and individuals as regularly and intensively as the EU. For example, in 2011, the European Commission, the EU's executive/administrative body, expanded its Regulation on Products used for Capital Punishment and Torture to include “products which could be used for the execution of human beings by means of lethal injection,” including “short and intermediate acting barbiturate anaesthetic agents” like pentobarbital and sodium thiopental, among others. This amendment prohibits European pharmaceutical manufacturers from exporting drugs used for executions in the United States unless the manufacturers have a special permit showing that the export will not be used for executions. Some now ask whether the EU will effectively end lethal injection in the US.It is no more possible to provide a detailed comparative study of EU law in four days than it would be possible to study the whole of American law in that short time-frame. Hence, the objective of this course will be to introduce the topics and begin the discussion. Thus, the course will cover the way in which the EU was created and now operates. It will explore the unique legal systems in the EU and the US and the way in which legal norms are generated. In doing so, the course will explore the similarities and differences of these two complex legal systems, focusing specifically on US and EU food and drug laws.
LAW 57007. FAMILY LAW & INTERNATIONAL TRIBUNALS: THE HAGUE CONVECTION ON CIVIL ASPECTS OF INTL CHILD ABDUCTION. 1 Credit.
This course will explore the promulgation, implementation, and mechanics of the Hague Convention on Civil Aspects of International Child Abduction (Convention). The Convention may be a bilateral and/or multilateral instrument between member states. This course will explore the accession and ratification process to the Convention and the mutual obligations members states have for the enforcement of Convention provisions. From global jurisprudence to individual state jurisprudence, the course will explore the overall effectiveness of the Convention and how individual state parties meet their obligations under the Convention. The course will also examine the specific elements that must be met in every Request for Return Petition. The Convention has created international tribunals for family court proceedings within fairly narrow parameters. It provides an opportunity to critically examine global jurisprudence on civil aspects of international child abduction.
LAW 57008. ELDER LAW - GLOBAL AGING. 1 Credit.
Almost 10,000 people in the US are turning 65 every day. This aging of the population is not unique to the US, however. Many countries are facing myriad issues regarding aging populations at all levels of government and society including the use of courts to handle the issues. Some countries have started to look at aging as a human right. The UN is looking at a draft convention now, following up the Convention on the Rights of Persons with Disabilities. The Organization of American States is also considering action regarding the human rights of older persons. This course will cover these developments as well as look at how countries have addressed the issues of aging. This course will look at the issues from both a systemic and practical perspective, including a skills component to teach the students some of the skills necessary to advocate for their elderly clients.
LAW 57009. INTL LAW AND LITERATURE. 1 Credit.
This seminar will focus primarily on discussions and depictions of European and International law and legal themes in a variety of literary texts. Reading and discussing together, we will explore archetypes and stereotypes of lawyers and clients; themes of mercy, justice, rules, order, process; consider the evolution of law; and consider our place in all of this as servants (or subversives) of the law. The course will focus in particular upon works of European authors.
LAW 57010. COMPARATIVE CONSTITUTIONAL LAW. 1 Credit.
This course seeks to expose students to the similarities and differences among constitutional systems. The four-day course will cover the following subjects:Day One—the nature of constitutional systems and basic constitutionalmodels; Day Two—the role of courts in constitutional systems and how different constitutional systems assign authority for interpreting and enforcing the constitution; Day Three—horizontal separation of powers and how different constitutional systems allocate executive, legislative, and judicial powers; and Day Four—selected issues in comparative individual rights, including social welfare rights, abortion, and affirmative action.
LAW 58001. LEGAL REGULATION OF MARITIME COMMERCE: A COMPARATIVE LOOK AT KOREAN AND US LAW AND PROCEDURE. 1 Credit.
South Korea is one of the most important maritime actors in the world. Along with the China it is the leading shipbuilder -- in 2014 China fulfilled order for 22,682,000 gross tons (gt) and Korea 22,455,000 gt. The next most important shipbuilding country was Japan with completed order of 13,421,000 gt. By way of comparison, Germany, ranked sixth, completed order for 519,000 gt, and the United States, ranked 10th delivered vessels totaling 293,000 gt. Behind only the far more populous nations of China, Japan and United States, South Korea is the fourth largest exporter of containerized cargo. As such South Korea has a well-developed set of substantive and procedural law for dealing with maritime commerce. Korean, maritime law, however, differs from that of US in two significant ways. The first is that it is the contained in various codes, whereas US Maritime Law is to a large extent judge-made. Second, the focus of Korean maritime law is domestic and international maritime commerce. In the United States, however, maritime law applies to all sorts of vessels, and a significant number of important maritime cases litigated in US Courts, and, in particular the Supreme Court, arise from pleasure boating. This course will take a comparative look at select aspects of Korean and US maritime procedure and substantive law. Students will get a basic appreciation of maritime law in general and its scope both the US and Korea; an introduction to the use of a civil law codifications, and a look at the impact on substance and procedure of choices in subject-matter jurisdiction. The first class will look at the (i) subject matter jurisdiction of the US District Courts and State courts in case of admiralty or maritime jurisdiction under 28 U.S.C. § 1333(1) along with the definition of “vessel” in 1 U.S.C. § 3 and scope of the maritime provisions contained in Book V of the Korean Commercial Code (“Com. C.”) set out in Com. C. Arts. 740-45. (ii) personal jurisdiction and venue in US district courts under Fed. R. Civ. P. 4, 82 and 28 U.S.C. § 1391-92 and in Korean district courts under Korean Civil Procedure Code (“Civ.P.C.”) Arts. 1-40. The second and third class will look at maritime mortgages, maritime liens and maritime attachment and arrest under in US courts under the 46 U.S.C. §§ 31301-43 and Fed. R. Civ. P. Supp. Rules B and C and in Korean Courts under Com.C. Arts. 80, 589, 861-74. The fourth class will look at a vessel owner’s limitation of liability in US courts under 46 U.S.C. §§ 30501-12 and Fed. R. Civ. P. Supp. F and in Korean courts under Com.C. Arts. 746-752-2 the Korean Limitation of Liability By Ship Owner Proceedings Act.
LAW 58002. COMPARATIVE TAX. 1 Credit.
This course is an introduction to individual and corporate international taxation. This course will explore the comparative issues relating to international taxation, while focusing on the underlying policies and different systems utilized by governments to finance various activities. Additionally, the course will examine domestic and international tax rules from the perspective of the United States with an emphasis on the comparisons to the tax system in Korea. No prior tax knowledge is required.
LAW 58003. COMPAR CORPORATE GOVERNANCE. 1 Credit.
This course is a comparative study of major areas of the corporate laws of the United States, Europe, and Asia. We will consider the policy choices available to judges, policy makers, and legislators when confronting specific issues of corporate law. Companies and legal persons / entities are studied from a comparative law perspective. The course deals with a series of selected topics related to comparative corporate governance. We will discuss conflicts of interest of directors and shareholders, control transactions (take-over bids and various related transactions), and class and derivative actions in corporate and securities law matters.
LAW 58004. INTELLECTUAL PROPERTY ALTERNATIVE DISPUTE RESOLUTION. 1 Credit.
This course will review the various types of IP as well as ADR and expose the students to the public and private mechanisms used to resolve disputes without going through with expensive and time consuming litigation. The global nature of the subject matter will require us to evaluate the work of many private and public agencies such as the World Trade Organization, the World Intellectual Property Organization, and Uniform Dispute Resolution Proceedings including those by the Asian Domain Name Dispute Resolution Center.
LAW 5921. THE CUBAN LEGAL SYSTEM/SOCIETY. 1 Credit.
LAW 6000. ADVANCED ADVOCACY I. 6 Credits.
Students explore methods of persuasion from a theoretical perspective and apply the lessons learned through performance-based exercises designed to expand the boundaries of their understanding and mastery of techniques. This course includes a strong emphasis on establishing and maintaining personal connections in order to facilitate effective communication, and includes visiting lectures by prominent national advocate.
LAW 6003. ADVANCED EVIDENCE. 2 Credits.
This course examines the challenges associated with laying proper foundations and presenting evidence such as forensics, electronic evidence, and expert witnesses. Attention is also paid to topics such as character evidence, impeachment, and the use of evidence beyond the case in chief.
LAW 6006. ADVANCED PRETRIAL ADVOCACY. 2 Credits.
Pretrial Practice in a Civil Case: Advanced Advocacy Techniques--This course provides an overview of motion procedures and examines the best practices for drafting and arguing motions at all stages of litigation. (previously titled: Motions Practice).
LAW 6009. CONDUCTING EFFECTIVE DISCOVERY. 2 Credits.
This course explores the topic of discovery from technical and strategic perspectives. The technical perspective includes instruction on how best to identify potential sources of evidence and frame discovery requests most effectively. The strategic perspective examines potential evidence through the prism of ultimate relevance, admissibility, and usefulness in order to inform the attorney's technical decisions. E-discovery and depositions are important topics within this component.
LAW 6012. TEACHING ADVOCACY. 2 Credits.
Tapping directly into Stetson's vast experience as the leader in advocacy education, this course examines the pedagogy of teaching advocacy and gives students the first-hand experience in applying these lessons through lab-based exercise that involve coaching actual law school students. Whether interesting in teaching advocacy as a formal educator or conducting training for fellow attorneys, this course is invaluable in helping students enhance their ability to teach advocacy.
LAW 6015. EXPERT WITNESSES. 2 Credits.
This course tackles the challenges associated with the use of expert witnesses. Students receive instruction on a variety of topics, such as forensics, medicine, and information technology, and then learn how to effectively communicate such information through expert witnesses.
LAW 6018. MASTERING VOIR DIRE. 2 Credits.
This course teaches students to analyze evidence for its persuasive impact on different personality types, construct questionnaires to identify those most and least likely to be persuaded, and conduct effective voir dire to seat the most sympathetic jury possible. This course also employs state-of-the-art opinion feedback technology and instructs students on how to use it effectively.
LAW 6019. PERSUASION THEORY. 2 Credits.
LAW 6020. ADVANCED ADVOCACY II. 6 Credits.
LAW 6100. ADVOCACY PROJECT. 1 Credit.
Under the direction of an adviser, each student will produce an advocacy-related research paper or project. Advocacy-related projects might include the development of training materials for professional settings or pedagogical materials for academic environments. All projects must be research-driven and include a demonstrative component.
LAW 6102. ADV. LEGAL DRAFTING. 2 Credits.
Students will develop competencies across a broad spectrum of legal drafting. Students will learn the best practice approach to drafting the types of memorandums arising in the practice of law. Examples include demand letters, representation letters, email communications, briefs, memorandums of law, blog postings, editorials and bar magazine articles. Students will leave the course with a portfolio of writing samples across a broad range of practice.
LAW 6103. LAW PRACT MANAGEMENT ADVOCACY. 2 Credits.
This course focuses on developing an understanding of professional development programs within the firm environment; creating in house programs, including mentoring, management, and professional development; and understanding how to properly identify and development best practice law management procedures for the 21st century law office. This course includes a strong emphasis on the internal persuasion considerations required to properly position an individual attorney within the firm environment from a professional development perspective, as well as a systemic understanding of how professional development and best business practices impact the viability of the practice of law.
LAW 6106. TECHNOLOGY ENHANCED ADVOCACY. 2 Credits.
This course exposes students to the latest in courtroom technology and demonstrates how technology is best employed as a tool to enhance storytelling, rather than as a substitute for it. Students not only learn how about various courtroom technologies, but are also required to demonstrate their mastery of technology-assisted advocacy.
LAW 6109. COMPLEX COUNSELING&NEGOTIATION. 2 Credits.
This course seeks to teach students the skills they need to recognize hidden factors that can influence their persuasiveness when counseling clients or negotiating with others and to balance the individual needs of competing parties. In addition to lecture-based instruction, this course makes extensive use of role-playing and practical exercises.
LAW 6112. DAMAGES. 2 Credits.
This course examines the various forms of economic and noneconomic damages, explores the most effective means of recovery, and develops the advocacy skills best employed when seeking to maximize or mitigate damages.
LAW 6200. CAPSTONE PRACTICUM. 1 Credit.
This practicum is conducted during the final semester of the two-year LL.M. program. Students test their advocacy skills during each stage of litigation, including client counseling, discovery, and pretrial negotiations, with voir dire and mock trial exercises performed on campus.
LAW 6201. ADVOCACY PROJECT. 1 Credit.
Under the direction of an adviser, each student will produce an advocacy-related research paper or project. Advocacy-related projects might include the development of training materials for professional settings or pedagogical materials for academic environments. All projects must be research-driven and include a demonstrative component.
LAW 6999. INDIVIDUAL RESEARCH PROJECT. 1 or 2 Credit.
LAW 7000. ASSET PROTEC TRUSTS/CARIBBEAN. 1 Credit.
Offshore Asset Protection Trusts (OAPTs) are an increasingly popular device for “high risk” people – real estate developers, corporate directors, doctors, lawyers, and others perceived to have “deep pockets” - to protect their assets from creditors. The islands of the Caribbean, including the Caymans, are a major situs for these trusts, which may also offer tax and other advantages. This is an important area of law for estate planners and others in banking, regulatory and tax law. This course will cover the basic law governing these trusts in the Caribbean in four units: 1) considerations in locating the OAPT, such as the jurisdiction’s fraudulent conveyance laws, its rules of comity, Rule Against Perpetuities repeal in the jurisdiction and its effects, the offshore tax laws and how they differ from the U.S. tax law of trusts, and the jurisdiction’s confidentiality rules; 2) features of OAPT instruments which are designed to ward off creditor claims and how to draft them, such as anti-duress clauses, protective trust clauses, and discretionary distribution clauses; 3) an assessment of the legal challenges to OAPTs through the reading of cases which have tested the legal status of OAPTs; and 4) ethics considerations involved in advising clients about OAPTs.
LAW 7004. COMP INTELLECTUAL PROPERTY LAW. 1 Credit.
This course will provide a survey knowledge of Intellectual Property (IP), comparing the US system, with the laws of the CARICOM member states, both independently as well in connection with the CARICOM treaty. We will also compare the nations laws and treaty language with the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS). TRIPS is the pre-eminent treaty setting forth the minimum standards for IP throughout the world with approximately 160 nations currently signatories. I foresee the first day as an intro to IP concepts around the world. The second day as an intro on the interplay of national laws, pluralateral treaties (i.e. CARICOM), and multilateral treaties (i.e. TRIPS). The third and fourth days as a focus on dispute resolution options available to individuals and nations as well as the needs of the region to develop a multinational IP office. The exam will be 50 MC questions.
LAW 7007. CLIM CHGE IMPACTS OCEAN&COASTA. 1 Credit.
The course will address how climate change impacts are shaping domestic and international law responses to the management of oceans and coastal areas. Topics will include sea level rise, coastal erosion and beach renourishment, ocean acidification, impacts to fisheries and endangered species, ocean iron fertilization, and human rights dimensions of coastal adaptation. The course will also include a unit on climate change impacts on Caribbean nations’ ocean and coastal resources.
LAW 7008. FOREIGN ENTITY REPORTING REQ. 1 Credit.
An overview of regulatory requirements affecting US residents banking, investing, and forming international business corporations in the Cayman Islands and other offshore jurisdictions including: Reporting & registration requirements under the Foreign Account Tax Compliance Act (FATCA); Filing a Report of Foreign Bank and Financial Accounts with Department of Treasury (FBAR 2013) (FINCEN Form 114) and penalties for failure to file; IRS form 8938 requirements for US taxpayers and penalty failure to file; Registration and Reporting Requirements by Foreign Financial Institutions; The Money Laundering Control Act; Racketeer Influenced and Corrupt Organizations Act (RICO); and Assisting US Taxpayers to defraud the IRS Tax Crimes Code Sec 7206(4); 18USC Sect 2(a0 7 2(b).
LAW 7014. HUM RGHTS/COMMONWEALTH CARIBBE. 1 Credit.
The course will explore the mechanisms for, and effectiveness of, the protection of human rights in the Commonwealth Caribbean, both the Independent Commonwealth Caribbean Islands and the British Overseas territories including the Cayman Islands.The following rights will be explored: Right to Life, Right to Protection from Torture and Inhuman or Degrading Treatment, Right to Personal Liberty, Right to a fair trial, Right to Private & family life, Conscience and Religion and non-discrimination.
LAW 7016. CLIM CHGE LW&FUTU SMALL ISLAND. 1 Credit.
Climate change poses an extraordinary set of risks and challenges to small island nations, in the Caribbean and all around the world. Rising sea levels, warming temperatures, increasingly frequent and severe storms, and ocean acidification threaten locally dominant economies, including tourism, fisheries, and agriculture. Some low-lying islands will disappear altogether. This short course will address domestic and international law’s responses to these problems, with a special emphasis on the Caribbean region. After reviewing the nature and scope of projected climate change impacts on small island states we will focus on a few core legal issues. Topics covered may include liability for loss and damage; climate displacement and the problem of human migration; sovereignty claims of disappearing states; land use adaptation; marine species preservation; and/or fisheries management.
LAW 7017. COMP CHOICE LW RULES IN TORT. 1 Credit.
The course will examine the rules used in the choice of law process to assign the governing law to a tort which possesses foreign elements. It will open with a consideration of the rules as developed by the English common law (the “double actionability” rule) as applied in the Cayman Islands and will then compare and contrast those rules with the rules developed and applied in the EU by EU member states pursuant to the provisions of the Rome II Regulation (Regulation (EC) No 264/2007). The course will approach the examination of each set of rules from the perspective of forming a view as to whether the common law or EU rules better meet the objective of producing certainty in this interesting and intriguing area of law.
LAW 7019. ANTI-MONEY LAUNDERING. 1 Credit.
Money laundering is a global concern and authorities of many nations have implemented regulations and oversight of their financial centers to stop money laundering by drug traffickers and terrorist financing. This course will explore the continuing fight against money laundering, both in the United States and in the Cayman Islands. We will follow the development of Anti-Money Laundering (AML) legislation in the United States and in the Caymans, review several pivotal cases, investigate and evaluate the ways banking institutions protect against money laundering and terrorist financing, and discuss the role of the Financial Crimes Enforcement Network (FinCEN) and the Cayman Islands Monetary Authority (CIMA) in prevention, detection, and prosecution of money laundering.
LAW 7020. HUMAN SEX TRAFFICKING: PSYCHOLOGY AND THE LAW. 1 Credit.
Human Sex Trafficking, an invisible challenge to human rights across the globe, is a robust and growing business, only less profitable than the drug trade. The purpose of this course is to provide the student with a comprehensive understanding of human sex trafficking. In this intercession course, we will focus on Human Sex Trafficking and related federal and international responses to what is now commonly referred to as modern day slavery. The class will begin with an inquiry into the question of what trafficking is-a question that, despite the existence of legal definitions of trafficking, remains highly contested. We will also explore who the traditional trafficking victim is; you will learn about the physical, emotional, psychological and spiritual trauma experienced by the victims of human trafficking and the methods used to recruit and control them. Human trafficking in the Caribbean will be discussed, with a focus on the six CARICOM countries who have been singled out as having a severe human trafficking problem. We will discuss the reasons why human trafficking is so pervasive in these countries in particular, as well as the laws, both American and International, which have been implemented to combat Human Trafficking in this region. Of note is the Trafficking Victims Protection Act (TVPA). We will discuss the TVPA as well as other current statutes that combat sex trafficking in the Caribbean. Finally, we will explore the challenges faced in prosecuting these cases, as well as solutions provided by the current legal framework in place. Class instruction will blend in-class discussion and analysis with the use of film clips, social media and other source materials to enhance your understanding of this topic.
LAW 7021. COMPARATIVE TITLE ASSURANCE ISSUES IN REAL PROPERTY TRANSFERS. 1 Credit.
This course reviews the differences between the US recording act systems and the varied methods of recording property transfers in the Caribbean or lack thereof. The course looks at private title insurance as a way to offset the inadequacies of public records in the US, the lack of comparable private entities in the Caribbean and the impact of such a void in assuring that individuals have stable claims to private property.
LAW 7022. HUMAN RIGHTS IN THE CARIBBEAN. 1 Credit.
The issue of human rights in the Caribbean has, in recent years, been focused on the question of LGBTI rights. Most Caribbean jurisdictions have little to no protection for such rights, and, in particular, the much-vaunted question of same-sex marriage has been largely ignored in this region.However, it is important to remember that human rights constitute a much broader range of rights than simply the highly publicized LGBTI rights. This course will therefore consider human rights in the Caribbean in such areas as gender equality rights, the rights of workers, the right to a fair trial, and the question of capital punishment.Consideration of these issues will be made within a comparative context of domestic protections which are offered in some of the key Caribbean jurisdictions, such as the Cayman Islands, Jamaica, Trinidad and Barbados. The legislative and common law protections will be considered, as well as the constitutional protections which are espoused throughout these states. It should also be noted that numerous Caribbean jurisdictions, such as the Cayman Islands, Turks and Caicos, Aruba and the Netherlands Antilles are all subject to the greater administrative control of European states which are, in turn, subject to the European Convention on Human Rights.Finally, the domestic protections will be considered within the context of the wider international legal provisions, such as the International Convention on Civil and Political Rights, the Convention on the Elimination of all Forms of Discrimination Against Women, and the Convention on Rights of the Child. Assessment will be made of whether, and if so, to what extent, Caribbean jurisdictions are in accord with the legal obligations imposed on the wider international community.
LAW 7023. U.S. CORPORATIONS, TAX EVASION, AND THE CAYMAN ISLANDS. 1 Credit.
The Cayman Islands is one of the most well-known tax havens in the world (along with countries such as Switzerland, the British Virgin Islands, Bermuda, and others). Unlike most countries and even some other tax havens, the Cayman Islands does not require corporate taxes, making it an ideal place for multinational corporations to base subsidiary entities to shield some or all of their incomes from U.S. taxation. This course will explore what tax havens are, how they work, why the Cayman Islands’ tax laws permit U.S. tax evasion, and what the U.S. and the Cayman Islands’ governments are doing to combat the problem.
LAW 8000. AGING AND THE LAW. 3 Credits.
This course examines various issues in elder law, including the psychology and physiology of aging. Topics include autonomy, surrogate decision-making, elder abuse, ethics, aging in place, and planning for long-term care, ageism, discrimination, the criminal justice system, and interdisciplinary approaches to client representation.
LAW 8010. TAX FOR ELDER LAW ATTORNEYS. 3 Credits.
This course will include an overview of basic fundamental tax principles necessary for practice in a variety of other legal fields - individual tax planning, family law, estate planning, real property taxation, and business planning - with a special emphasis on tax provisions and principles particularly relevant to elderly clients. Topics will include the definition of gross income, with emphasis on exclusions for social security recipients, the taxation of health care, with emphasis on tax incentives for health savings and deductions/credits for extraordinary health care expenses, the definition of the "family" for tax purposes as that definition relates to elderly taxpayers who provide support for adult children and grandchildren, tuition and higher education benefits, with emphasis on lifetime learning credits and costs associated with second careers and payment of grandchildren expenses, retirement savings, the exclusion of gain from the sale of principal residence, taxation of annuities and life insurance, and planning for post-death events (e.g., bequests, devises, and inheritances). Overall, the course will survey tax provisions with special relevance to elder law. Students will be allowed to suggest specific topics relevant to their own elder law practice (if any). Evaluation will be based on a final exam and completion of three practical problems presented at the one third, two third and final third portion of the course.
LAW 8020. DISABILITY LAW-LLM ELDER LW. 3 Credits.
This course will cover the foundations of Special Needs and Disability Law: the issues, laws and regulations concerning individuals with disabilities, including access, employment, education, services and benefits, civil rights, discrimination, Social Security Disability, and the hearings and appeals process. (Note: Long-Term Care Planning is required, but with approval of the Director of the LL.M. in Elder law, Disability Law may be substituted.).
LAW 8025. ESTATE&GIFT TX PLAN/ELD CLIENT. 3 Credits.
This course examines the federal transfer tax system, and its effects on various estate planning arrangements, including joint tenancies, reserved life estates, durable powers of attorney, various types of trusts (including special needs trusts) and contractual arrangements for the transfer of wealth. Although the course will examine the basic planning and gifting concepts used for estates of all sizes, the focus will be on the gift and estate planning and tax provisions for the typical elder law client.
LAW 8030. ETHICS IN THE PRACT OF ELDR LW. 3 Credits.
This course reviews the ethical issues frequently presented to an attorney representing people who are older or disabled through an examination of the Model Rules and comments, Restatements, and other authorities. Issues covered include "who is the client?", loyalty, confidentiality, conflicts of interest, clients with diminished capacity, former clients, prospective clients, joint representation, and the lawyer's role as counselor.
LAW 8035. GUARDIANSHIPS & ALTERNATIVES. 3 Credits.
This course examines the causes of incapacity, behaviors of those with dementia, aphasia, etc., alternatives to guardianship for property and health care decisions (durable power of attorney, property management tactics as alternatives, advance directives), capacity assessments, the process of declaring a person incapacitated, selection and appointment of a guardian, administration, closing of a guardianship, and mediation.
LAW 8040. GOVT & PRIVATE HEALTH BENEFITS. 3 Credits.
This course examines the various benefits plans provided by private and governmental health plans, including Medicare and Medicaid programs, managed care plans, regulation and access, policy issues and recent developments.
LAW 8047. REPRESENTING CLIENTS WHO ARE ELDERLY OR HAVE SPECIAL NEEDS. 3 Credits.
This course examines the substantive law and strategies in representing people who are elderly or who have special needs including Medicaid, Guardianship litigation, Probate litigation, SSD Appeals. A number of nationally known experts in subject matter areas are guest lectures. The course has a skills exercise and an exam.
LAW 8048. INTRODUCTION TO ELDER LAW. 3 Credits.
This course is for those LLM students who have limited or no experience in Elder Law and is a condition of admission. This introductory course is a survey of all of the unique areas of elder law. The emphasis is on introducing the student to the issues and vocabulary of elder law. Subjects include Guardianship, Government Benefits; Estate Planning and Ethics. Exam, 3 credits.
LAW 8049. LAW, AGING & MENTAL HEALTH. 3 Credits.
This course examines the issues, laws and programs concerning clients with mental health issues. Discussions will cover the various legal procedures and the alternatives for planning and working with clients and their families.
LAW 8050. LONG TERM CARE PLANNING. 3 Credits.
This course examines the issues concerning long term care, including planning for long-term care, services, paying for care, including long-term care insurance, provisions of services including in-home and institutional care and the policies concerning long term care.
LAW 8054. MEDIATION AND ALTERNATIVE DISPUTE RESOLUTION IN ELDER LAW. 3 Credits.
This course will deal with the use of mediation and other dispute resolution methods to solve disagreements in elder law cases.
LAW 8055. RETIREMENT PLANNING. 3 Credits.
This course examines institutional forms of retirement planning, including family and community support, employer-sponsored pension plans, and personal savings in the form of tangible and intangible assets. The course also looks at the federal income tax consequences of pension plan distributions, spousal rights and benefits under employer-sponsored pension plans, employer and third-party service provider fiduciary duties and fiduciary liability issues, and estate planning strategies related to retirement savings.
LAW 8070. SELECT TOPICS IN ELDER LAW. 1 Credit.
This three-day in person course is in conjunction with the Annual Special Needs Trust conference. Students attend two days of the conference and a third day on campus, covering issues that are currently being discussed and debated in the elder law profession as a whole. Exam; 1 credit.
LAW 8090. VETERANS BENEFITS-LLM ELDER LW. 3 Credits.
This course examines the issues that arise for veterans regarding the application, grant, and denial of benefits within the Department of Veterans Affairs. The course will cover the various programs and benefits available, eligibility for programs and services, and the hearings and appeals process.
LAW 8999. DIRECTED RESEARCH PROJECT. 1 to 3 Credit.
LAW 9096. COMP CIVIL LITIGATION:US vs UK. 2 Credits.
This course is intended to complement the Comparative U.K.-U.S. Legal Systems course and is designed to introduce students to the practical differences and similarities between the American and English trial systems. The focus will be on how trials are conducted and how to try a case effectively in both jurisdictions. Students can expect to learn and practice trial skills, including direct and cross examination, opening statements, and closing arguments. The class will also attend court sessions for observation and subsequent group discussion. By the end of the semester, students will understand how trials are conducted in the courts of the United States in comparison to trials in England and Wales, and will possess universal skills in the area of trial advocacy that could be applied in either jurisdiction. This class does not meet the Stetson skills requirement.
LAW 9115. COMPARATIVE EMPLOYMENT LAW. 1 Credit.
This course will support students through the internship experience by giving them an opportunity to discuss the issues encountered during their internships while also providing them with a legal framework to understand and compare the differences in employment law in the United States and United Kingdom. We will also consider the language and cultural challenges faced when working abroad. We will begin with a crash course in the language and cultural differences between the US and UK, particularly focusing on how likely it is to encounter those differences in the workplace so as to develop an appreciation of the contrast and prepare for the internships.The goal is to support students through the internship experience while providing a legal background on employment law in the US and UK. This course will be required for students participating in the internship.
LAW 9117. A COMPARATIVE STUDY OF THE REGULATION OF THE LEGAL PROFESSION IN THE US, ENGLAND, AND WALES. 1 Credit.
In this course you will study how the legal profession is regulated in the United States as compared to how it is regulated in England and Wales. In particular, we will contrast the reforms that England and Wales instituted with the Legal Services Act in 2007 to promote access to legal services with the analogous, but fragmented, efforts to accomplish the same goal in the various states in the U.S. We will also examine the effects of technology and globalization on the provision of legal services and contrast the likelihood that the two different regulatory systems will be able to adapt to these fundamental forces of change.
LAW 9201. DISPUTE RESOLUT INTL CONTEXT. 1 Credit.
This course will look at the methods of dispute resolution used in both public and private international law contexts. We will explore the methods of settling and litigating disputes between states, as well as those mechanisms used most frequently in private international transactions (primarily arbitration). No previous knowledge of alternative dispute resolution is necessary, but a basic understanding of international law is helpful.
LAW 9213. EU AND UN HUMAN RIGHTS. 2 Credits.
Course will place particular emphasis on their effect on the UK and EU constitutional and administrative systems.Content will cover the following stages:A brief summary of the background to the creation of the UN Declaration of Human Rights 1948 and the European Convention on Human Rights 1950, with particular emphasis on the role of UK lawyers in drafting some of the key provisions in these documents.An explanation and review of some of the key provisions of the Declaration and Convention.An explanation and review of the key constitutional and administrative institutions which implement the Declaration and Convention.The impact of the Declaration and Convention on the constitutional and administrative systems of the contacting states, with particular emphasis on: (a) the UK and the impact of the Human Rights Act 1998; and (b) the EU and the impact of the EU concept of fundamental rights. This will include a review of some of the most famous and controversial cases that have emerged in the UK in recent years. The subject matter of these cases is as variable and interesting as the issue of human rights itself. Examples include: (i) environmental abuses and protection, (ii) terrorism and security, (iii) the fairness of criminal trials, penalties and extradition laws, (iv) the right to provide and receive free legal services, (iv) the financial rights of shareholders and others that contribute to the operational activities of companies, and (v) the competence of some of the most powerful regulators/investigators in the UK/EU (eg the EU Commission, the Office of Fair Trading, the Financial Conduct Authority, the Department of Business Innovation and Skills, the Crown Prosecution Service and many others).The impact of the Declaration and Convention on other international agreements (eg the World Trade Organisation).Finally, the course will look at the future of the Declaration and the Convention, in particular proposed reforms to the Declaration and the Convention, together with the institutions that underpin them.
LAW 9480. LGL ASPECTS OF MUSIC INDUSTRY. 1 Credit.
An examination of the legal issues affecting the recording and music publishing industries in the UK and abroad, specifically focusing on the formation and content of a number of contractual relationships including the context and motivations of the parties entering these arrangements. The course will include consideration of the following:• the fundamentals of copyright and contract law and their implications on the music industry;• the workings of the international music industry and its participants;• the main commercial terms found in many of the key contracts for artists, records labels and music publishers; and• the negotiation process involved in music industry agreements.The course will be heavily dependent on class participation in discussions and exercises that will give students an opportunity to practice their negotiating and contract drafting skills. Specifically, there will be:• mock-contract negotiations based on common fact-patterns; • drafting workshops to improve contract formation and revision; and • class debate and discussion on industry practices, current business models and the future of music industry.
LAW 9500. THE MASAI, THE MAU MAU AND GUANTANAMO BAY: A STUDY OF GROUND-BREAKING INTERNATIONAL LITIGATION. 1 Credit.
This course offers an exploration of ground-breaking international cases against governments and multinational companies. In each class, we will study a different case, which will provide a unique opportunity to consider how these innovative and revolutionary international cases have not only protected the rights of individuals against corporate and governmental harm but have also been used to obtain redress for powerless victims.
LAW 9510. MISCARRIAGES OF JUSTICE. 1 Credit.
This course will provide an overview of several landmark miscarriage of justice cases in England and Wales and the changes in the law that followed as a result. Studying the ways in which the criminal justice system has failed in the past can prevent future failures. This course will also compare how similar cases would be handled in the United States. The appellate process for both jurisdictions will also be considered and discussed.
LAW 9600. SCIENTIFIC EVIDENCE AND EXPERT TESTIMONY: A US AND UK COMPARISON. 1 Credit.
While science and technology are not necessarily different across borders, the way such evidence is used and presented in court may be quite different. This course will compare the admissibility of scientific evidence, the qualification of expert witnesses and the presentation of expert testimony in the United Kingdom and the United States. During the course we will meet with members of the forensic and legal medicine community and have hands-on demonstrations of forensic examinations. We will meet with a member of the judiciary and will observe expert testimony in court or a coroner’s inquest, if available. We will also discuss future trends in forensic science research and expert testimony arising from the work of the National Commission on Forensic Science and the NIST Organization of Scientific Area Committees in the U.S. and The Royal Society’s “The Paradigm Shift for U.K Forensic Science” meetings in the U.K. with representatives from the newly established Leverhulme Centre for Forensic Science at the University of Dundee.
LAW 9780. UN DECLARATION OF HUM RIGHTS. 2 Credits.
Course will place particular emphasis on their effect on the UK and EU constitutional and administrative systems.Content will cover the following stages:1. A brief summary of the background to the creation of the UN Declaration of Human Rights 1948 and the European Convention on Human Rights 1950, with particular emphasis on the role of UK lawyers in drafting some of the key provisions in these documents.2. An explanation and review of some of the key provisions of the Declaration and Convention.3. An explanation and review of the key constitutional and administrative institutions which implement the Declaration and Convention.4. The impact of the Declaration and Convention on the constitutional and administrative systems of the contacting states, with particular emphasis on: (a) the UK and the impact of the Human Rights Act 1998; and (b) the EU and the impact of the EU concept of fundamental rights. This will include a review of some of the most famous and controversial cases that have emerged in the UK in recent years. The subject matter of these cases is as variable and interesting as the issue of human rights itself. Examples include: (i) environmental abuses and protection, (ii) terrorism and security, (iii) the fairness of criminal trials, penalties and extradition laws, (iv) the right to provide and receive free legal services, (iv) the financial rights of shareholders and others that contribute to the operational activities of companies, and (v) the competence of some of the most powerful regulators/investigators in the UK/EU (eg the EU Commission, the Office of Fair Trading, the Financial Conduct Authority, the Department of Business Innovation and Skills, the Crown Prosecution Service and many others).5. The impact of the Declaration and Convention on other international agreements (eg the World Trade Organisation).6. Finally, the course will look at the future of the Declaration and the Convention, in particular proposed reforms to the Declaration and the Convention, together with the institutions that underpin them.
LAW 9890. WAR CRIMES. 1 Credit.
This two-week intensive seminar will cover the modern law of war and its development after the Nuremberg Trials. We focus on the international criminal courts in the Hague, Arusha and elsewhere and the trials of war criminals from Cambodia, Rwanda, Sierra Leone and the former Yugoslavia. We will also study the treaties, which form the basis for these trials, and the expanding body of international criminal law.