Law (LAW)
The courses are listed in numerical order:
LAW A110. FUNDAMENTALS OF CONTRACT LAW. 2 Units.
This course will provide a basic overview of the fundamentals of contract law, including formation, defenses and consideration.
LAW A120. ETHICS AND PROFESSIONALISM. 2 Units.
This course will include the ethical issues faced by professionals when working within their respective professions. Some of the topics of ethics will include mandatory and optional disclosures, whistleblowing, applicable laws and industry standards, regulatory compliance, etc. The course will also cover professionalism for those individuals and how to conduct themselves within their chosen fields.
LAW A130. PROFESSIONALISM & THE CRT SYS. 1 Unit.
This course would provide an overview of what it means to be a professional, how to act professionally on a daily basis, the regulation of professionals and well as provide a survey of the legal system, explaining the difference between federal and state, court and regulatory systems.
LAW A140. INTRODUCTION TO THE LAW. 2 Units.
This course will provide an overview of the basic concepts of the fundamental law courses, including torts, contracts, evidence, procedure, property and constitutional law.
LAW A150. HEALTHCARE PROGRAMS AND BENEFITS. 2 Units.
This course will examine the various government and private health care programs. The course will look at the structure of the programs, eligibility, benefits, costs, coverages and legal relationships between the participants. The course will also examine the hearings and appeals process, as well as current top issues. The primary focus will be on the federal health care system.
LAW A170. LONG TERM CARE PLANNING. 3 Units.
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 A180. LAW & AGING. 2 Units.
This course will provide an overview of the more common issues in an elder law practice, including Medicare, Social Security, SSI, Medicaid, Nursing Homes, and end of life issues.
LAW A190. HOUSING AND HOME OWNERSHIP. 3 Units.
This course surveys housing options, including home ownership, choice of tenancies, reverse mortgages, aging in place, Naturally Occurring Retirement Communities, shared housing options, assisted living facilities, long-term care facilities, planned communities, age-restricted communities, laws and regulations and innovative options in providing housing and financing housing options.
LAW A200. ADMINISTRATIVE LAW. 3 Units.
This course covers federal and state administrative laws and regulations for certain government benefits programs, including Social Security, Medicare and Medicaid, the administrative hearings and appeals processes and other remedies.
LAW A210. LEGAL RESEARCH. 2 Units.
This course will provide an introduction to research, both legal and non-legal, and include how to research and read the law, including cases, statutes and regulations.
LAW A220. GUARDIANSHIPS & ALTERNATIVES. 3 Units.
LAW A230. HEALTHCARE ORGANIZATIONAL CULTURE OF COMPLIANCE & ETHICS. 2 Units.
This course will examine the organizational structure of health care programs, including horizontal and vertical integration and how an organization’s culture can lead to success or indictments. The course will stress the eighteen element of compliance, that of a culture of compliance, and will offer an in-depth examination of corporate and individual ethics.
LAW A250. UNDERSTANDING HEALTHCARE PAYMENT SYSTEMS & REIMBURSEMENTS. 2 Units.
This course will look at the various payment models for health care programs. The course will examine the private insurance model, compared to managed care models of payment. The course will examine the Medicare payment systems and how Parts A and B are financed and how payments are made.
LAW A270. TECHNOLOGY IN HEALTHCARE COMPLIANCE. 2 Units.
This course will examine the multi-faceted role technology plays in health care compliance. The course will focus on the compliance issues faced with tele-medicine, hospital cyber-security, protection of patient and employee information, medical identity theft, and within litigation, responses to subpoenas and e-discovery.
LAW A290. THESIS. 2 Units.
LAW H110. FUNDAMENTALS OF CONTRACT LAW. 2 Units.
This course will provide a basic overview of the fundamentals of contract law, including formation, defenses and consideration.
LAW H120. ETHICS AND PROFESSIONALISM. 2 Units.
This course will include the ethical issues faced by professionals when working within their respective professions. Some of the topics of ethics will include mandatory and optional disclosures, whistleblowing, applicable laws and industry standards, regulatory compliance, etc. The course will also cover professionalism for those individuals and how to conduct themselves within their chosen fields.
LAW H130. PROFESSIONALISM & THE CRT SYS. 1 Unit.
This course would provide an overview of what it means to be a professional, how to act professionally on a daily basis, the regulation of professionals and well as provide a survey of the legal system, explaining the difference between federal and state, court and regulatory systems.
LAW H140. COMPLIANCE 101. 3 Units.
This course will provide an overview of and foundation in compliance in health care settings. The course will include an overview of compliance regulations such as HIPPA, EMTALA and others and focus on the eight elements of a compliance program. The course will follow the outline of HCCA’s book, Compliance 101 (4th ed.).
LAW H150. HEALTH CARE PROGRAMS & BENEFITS. 2 Units.
This course will examine the various government and private health care programs. The course will look at the structure of the programs, eligibility, benefits, costs, coverages and legal relationships between the participants. The course will also examine the hearings and appeals process, as well as current top issues. The primary focus will be on the federal health care system.
LAW H160. RISK MANAGEMENT IN HEALTHCARE PROGRAMS. 3 Units.
This course will cover risk management in the field of health care, including how to monitor and manage risks and to respond when a problem occurs. The course will also cover essentials of research methods, design and data analytics. This course will also explore various risk assessment models.
LAW H210. LEGAL RESEARCH. 2 Units.
This course will provide an introduction to research, both legal and non-legal, and include how to research and read the law, including cases, statutes and regulations.
LAW H220. HUMAN RESOURCES AND MANAGEMENT ISSUES. 2 Units.
From a compliance focus, this course will examine the HR and management issues that an organization will face. The course will include both corporate and internal investigations, looking at employment and labor issues as well.
LAW H230. HEALTHCARE ORGANIZATIONAL CULTURE OF COMPLIANCE & ETHICS. 2 Units.
This course will examine the organizational structure of health care programs, including horizontal and vertical integration and how an organization’s culture can lead to success or indictments. The course will stress the eighteen element of compliance, that of a culture of compliance, and will offer an in-depth examination of corporate and individual ethics.
LAW H240. FRAUD & ABUSE 1: KICKBACKS, STARK, FALSE CLAIMS. 3 Units.
This course will provide an in-depth look at specific issues of fraud and abuse that organizations face with focused on compliance. This first course will focus on the Anti-kickback laws, STARK and the False Claims Act.
LAW H250. UNDERSTANDING HEALTHCARE PAYMENT SYSTEMS & REIMBURSEMENTS. 2 Units.
This course will look at the various payment models for health care programs. The course will examine the private insurance model, compared to managed care models of payment. The course will examine the Medicare payment systems and how Parts A and B are financed and how payments are made.
LAW H260. FRAUD & ABUSE 2: TAX & ANTITRUST. 2 Units.
This course will provide an in-depth look at specific issues of fraud and abuse that organizations face with focused on compliance. This second course will focus on antitrust and tax issues.
LAW H270. TECHNOLOGY IN HEALTHCARE COMPLIANCE. 2 Units.
This course will examine the multi-faceted role technology plays in health care compliance. The course will focus on the compliance issues faced with tele-medicine, hospital cyber-security, protection of patient and employee information, medical identity theft, and within litigation, responses to subpoenas and e-discovery.
LAW H280. FRAUD & ABUSE HIPAA. 2 Units.
This course will provide an in-depth look at specific issues of fraud and abuse that organizations face with focused on compliance. This third course will focus on EMTALA and HIPAA.
LAW H999. INDVIDUAL RESEARCH PROJECT. 1 to 4 Unit.
LAW 1150. CIVIL PROCEDURE. 4 Credits.
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 Credits.
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 Credits.
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. 4 Credits.
An examination of substantive criminal law. The course will analyze common law concepts as well as statutory revisions.
LAW 1251. PROPERTY. 4 Credits.
An introduction to real, personal, and intellectual property, including estates and shared interests in land, leasing and purchase transactions in various types of communities, and private and public restrictions on the use of property.
LAW 1270. RESEARCH AND WRITING I. 4 Credits.
This course will introduce students to legal analysis, writing, and research skills for producing predictive legal analysis.
LAW 1275. RESEARCH AND WRITING II. 3 Credits.
This course builds upon the legal analysis, writing, and research skills taught in Legal Research and Writing I by focusing on producing persuasive written and oral legal arguments. Pre-requisite: LAW 1270.
LAW 1290. TORTS. 4 Credits.
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 Credits.
An examination of the principal rules of evidence applicable in the federal and Florida courts.
LAW 2190T. EVIDENCE*. 4 Credits.
An examination of the principal rules of evidence applicable in the federal and Florida courts.
LAW 2350. PROFESSIONAL RESPONSIBILITY. 3 Credits.
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 Credits.
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 Credits.
A study of the law concerning the powers & procedures of federal governmental agencies and their role within our constitutional structure. This course satisfies the Administrative Law Requirement. (r).
LAW 3045. ADMIN LAW FOR HEALTH CARE. 2 to 3 Credits.
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 3052. ADVANCED APPELLATE ADVOCACY. 3 Credits.
This course is an experiential practice-based course requiring students to develop aportfolio of documents for various stages of an appeal or other post-convictionaction. Aside from learning the federal rules of appellate procedure as well asadvanced principles governing motions on appeal, interlocutory appeals, and writs,among others, students will learn sophisticated styles of reasoning through thestudy of critical and comparative rhetoric, advanced persuasive strategies, andmaster briefs. The major project requires students to draft an amicus brief.
LAW 3053. ADMIRALTY. 2 to 3 Credits.
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 Credits.
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 3055D. ADV CIVIL TRIAL SKILLS-DAMAGES. 1 Credit.
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 Credit.
Develop a thorough understanding of the Jury Selection process, with a special emphasis choosing juries for civil trials. Note: Students who have enrolled in or taken the course on Jury Selection (3608) may not enroll in this course.
LAW 3056. ADVANCED APPELLATE COMPASSIONATE RELEASE PRACTICUM. 1 Credit.
This course will explore the compassionate release process in the federal system and students will work on actual compassionate release appeals. As a class we will ultimately be handling three to five cases during the semester. Members of the class will be working in teams of two in preparing the actual petitions under the supervision of attorneys at the Federal Defender Office.
LAW 3063. ADV CONTRACTS: COMM AGREEMENTS. 2 to 3 Credits.
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. Contracts: Issues, Concepts and Methods. 2 to 3 Credits.
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 Credits.
A study of recent developments and trends in Corporation Law. (meets writing requirement) Pre-requisites: LAW 3154 or LAW 3255. (o).
LAW 3066. ADVANCED LEGAL WRITING: ADVOCACY IN AGENCY RULEMAKING. 2 Credits.
This distance learning course examines the use of public comments during the notice-and-comment process in agency rulemaking at the federal level. The course will introduce students to basic agency rulemaking concepts, focusing on how to draft and submit a public comment letter and deliver remarks at a public meeting during the notice-and-comment process. Students will prepare at least one comment letter and deliver a short oral presentation on a proposed federal agency regulation.
LAW 3075. ADVANCED CRIMINAL TRIAL ADVOCACY. 2 to 3 Credits.
This course will focus on every aspect of trying a criminal case (murder) from both the prosecution and defense side. In every class, students will participate in exercises involving voir dire, opening statements, direct and cross examination and final arguments. They are critiqued to learn from the exercises. At the end of the semester, the students break out in two groups and prosecute or defend a DUI manslaughter case in a realistic fashion. Trial techniques are discussed throughout the course and explanations are provided so students learn the reasons why objections are appropriate or evidence is presented. This is an advocacy course that requires participation and is recommended for students who want to sharpen their skills in a jury trial setting. Pre-requisites: LAW 2190 and LAW 3920. (r).
LAW 3081. ADVANCED CROSS EXAMINATION. 1 Credit.
Advanced Cross Examination is based on Professor Bodiford's book, Cross Examination in a Nutshell (West Acacemic, 2018), and presents the "5 T's of Cross" – Theme, Topic, Target, Tone, and Tempo. Focus is on structuring and delivering cross exams in a manner that emphasizes persuasion and storytelling, while maintaining flexibility and control of witnesses and opposing counsel. A weekend course, it will alternate between short lectures and workshops and skills practice. Pre-requisites: Evidence and Trial Advocacy.
LAW 3083. ADV EMPLOYMENT DISCRIM SEMINAR. 2 to 3 Credits.
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 3090. ADVANCED LEGAL RESEARCH. 1 or 2 Credit.
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 3090A. ADVANCED LEGAL RESEARCH: ARTIFICIAL INTELLIGENCE IN LEGAL RESEARCH. 2 Credits.
Artificial Intelligence has quickly entered the legal field, particularly the legal research arena. Summerassociates, law clerks, and new hires, are often tasked with researching legal questions for theirsupervising attorney or judge and are now expected to understand the uses and limitations of artificialintelligence in finding the answer to legal questions and drafting documents. This course will supportstudents in acquiring the necessary skills in using artificial intelligence efficiently, effectively, andethically. This skills focused course will cover an array of available artificial intelligence tools that canbe used for legal research purposes so that students will be well educated in the availability and use ofnew and developing technology in the practice of law.
LAW 3090I. ADVANCED LEGAL RESEARCH - INTL. 2 Credits.
This course will review the process for the creation of international legal agreements, international legal organizations, regional governments, and relations between countries. It will review the basics of conducting international legal research and then explore resources for specific topics in international law. Emphasis will be placed on authoritative free online resources. Employment opportunities for international legal careers will also be discussed.
LAW 3100. ADVANCED PRACTICAL CONTRACTING. 3 Credits.
This course offers a deep dive into the practical aspects of drafting, reviewing, and negotiating key corporate agreements such as MSAs, NDAs, and other commercial contracts. With a focus on real-world application, students will engage in simulations and collaborative projects that underscore the value of legal insight in cross-functional business environments. The curriculum leverages modern legal tech tools and addresses common contracting challenges, approaches, and best practices. This elective is designed for students seeking to enhance their practical legal skills in a corporate context.
LAW 3105. ADVANCED TORT LAW SEMINAR. 2 to 3 Credits.
A study of recent developments and trends in tort law. (meets writing requirement).
LAW 3115. INTRO TO AGING AND THE LAW. 2 to 3 Credits.
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 3121. AI AND THE LAW. 2 Credits.
This course will provide a broad overview of AI law including: (1) emerging global privacy and consumer protection laws, (2) IP-related issues, (3) ethical considerations and implications, (4) use of AI in corporations, (5) use of AI in litigation, and (6) a framework for navigating future AI risk.
LAW 3124. DISPUTE RESOLUTION BOARD. 1 or 2 Credit.
LAW 3129. AMERICAN LEGAL HISTORY. 2 to 3 Credits.
An examination of issues and themes in American law from the 18th century to the present. The course is taught from a law and society perspective, studying the ways law affects and is affected by broader social, economic, and political structures and patterns. Special emphasis is placed on the role of law in both implementing and challenging racial, gender, and class injustices, including in the areas of slavery and segregation, coverture and patriarchy, and labor and wealth/poverty. Areas of law studied may include constitutional law, private law (contracts, torts), labor law, civil rights law, and criminal law. The meaning of American law in the context of American democracy will also be considered. (r).
LAW 3130. ANTITRUST LAW. 2 to 3 Credits.
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 Credits.
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 Credits.
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 3133. ANIMAL LAW AND POLICY. 2 or 3 Credits.
This course will teach students how local, state, federal, and international laws address the use,management, and protection of nonhuman animals. The course will explore how laws, policies, andethical considerations govern or affect animal-human interactions and relationships. Students also willdiscuss and evaluate the legal, policy, and ethical arguments regarding animal welfare and animalrights. The course will cover a variety of topics, such as domestic and wild animals, animals asproperty, anti-cruelty laws, constitutional law considerations, and the use of animals for agriculture,entertainment, and research.
LAW 3140. APPELLATE PRACT & ADVOC: CIVIL. 3 Credits.
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 an experiential requirement. (r).
LAW 3140C. APPELLATE PRAC & ADV: CRIMINAL. 3 Credits.
This course addresses the procedural and substantive aspects of Florida criminal appellate practice. The course touches on every facet of the state criminal direct appeal process, from commencing the appeal and ensuring the record is complete, to locating error within the record, standards of review, briefing the issues, presenting argument, and post-decision motions and subsequent review. The course focuses on issue identification and advocacy, written and oral, and students will identify issues from a record, write a brief, and present oral argument. The class includes guest presentations by appellate judges and District Court staff. Students considering criminal trial or appellate practice will benefit from this course. The class satisfies an experiential requirement. (r).
LAW 3145. ARBITRATION. 2 Credits.
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 Experiential Requirement. (r).
LAW 3151. BUSINESS PLANNING. 3 Credits.
This course introduces students to various business and legal considerations in advising entrepreneurs in forming and financing an emerging growth business. The course uses a hypothetical start-business as well as supplemental readings, sample agreements and class discussions to help students identify and deal with the numerous issues presented for legal counsel at the start up and operation of a growth-oriented business. These include selecting and forming a business entity , structuring the economic benefits and management control among various owners, protecting intellectual property assets, and raising capital. The course combines theory and practice in order to prepare students for the types of projects and challenges they will confront in their first few years of a transactional practice. Prerequisite: Business Entities (3154).
LAW 3152. BANKRUPTCY. 3 Credits.
A survey of the rights and remedies of debtors and creditors during bankruptcy proceedings, focusing primarily on consumer bankruptcy cases. This course satisfies the Code Requirement. (r).
LAW 3153. BANKRUPTCY EXTERNSHIP. 3 Credits.
Students work with local bankruptcy practitioners on pro bono consumer bankruptcy cases. Each student will be assigned multiple clients throughout the semester, enabling repetition of most aspects of client representation--interviewing a client, gathering and assessing documentation, completing petition and schedules. Students help conduct client interviews and prepare documents for filing. Students also attend the 341 meeting (if it occurs during the externship semester), and attend case hearings. Completion of Bankruptcy, Bankruptcy Seminar, or Business Entities preferred. Students who have not completed Bankruptcy will be considered but may want to take Bankruptcy concurrently.
LAW 3154. BUSINESS ENTITIES. 4 Credits.
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. 1 to 5 Credit.
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. Suggested pre-requisite: LAW 3152 or LAW 3156. (o).
LAW 3156. BANKRUPTCY SEMINAR. 2 to 3 Credits.
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 3159. BUSINESS ETHICS. 2 to 3 Credits.
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 Credits.
LAW 3162. CHILDREN AND THE LAW. 2 to 3 Credits.
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.NOTE: If you take Children and the Law (the course) you are precluded from taking Children and the Law (the seminar). (o).
LAW 3170. COMPASSIONATE RELEASE PRACTICUM. 1 Credit.
This practicum provides an overview of the compassionate release process with the important developments from the First Step Act. The course involves the research, writing, and preparation of petitions under the supervision of the Middle District of Florida’s federal defender’s office.
LAW 3172. CHAPTER 11 BANKRUPTCY REORGANIZATIONS. 3 Credits.
This experiential and simulation class studies in depth corporate reorganizations under Chapter 11 of the Bankruptcy Code. The class will have two aspects: 1, traditional lecture and discussion on the substantive and procedural law of Chapter 11, and 2, student “moot court” style briefing and argument on current cutting-edge Chapter 11 issues. Students will have the chance to both act as an attorney, with briefing and oral argument, and as a judge, where they will hear arguments and write opinions. This course should be of interest to any student who either wants to hone her legal and oral advocacy skills, or who has an interest in the broad areas of bankruptcy, business, and commercial law.
LAW 3173. BUSINESS LAW REVIEW. 1 Credit.
Students will do work related to the Business Law Review for one credit for each semester when they are on the journal. The related work will include reviewing and vetting submissions to the Business Law Review, proof reading, cite checking, and research checks of submissions to the Business Law Review, helping finalize publication of articles to be published by the Business Law Review, research and writing on topics relevant to the Business Law Review.
LAW 3174. BUSINESS LAW REVIEW EDITOR. 2 Credits.
Same as Business Law Review (3173).
LAW 3175. BUS LAW REVIEW WRITING CREDIT. 1 or 2 Credit.
Students who write an academic paper in connection with their work on the Business Law Review would be supervised by a faculty advisor. The faculty advisor would then evaluate the paper and assign a grade on our P/F scale (S, S-, S+). The student would earn 1 or 2 credits, depending on the length and research involved in the writing project, such determination to be made by the faculty advisor.
LAW 3176. THE CLEAN WATER ACT. 2 Credits.
The class will cover the major aspects of the Clean Water Act, including jurisdictional triggers, cooperative federalism as codified by the Act; the National Pollutant Discharge Elimination System (NPDES) permit scheme; the Total Maximum Daily Load (TMDL) program; regulation of publicly-owned treatment works; the Pretreatment Program; wetlands regulation; civil, criminal, and administrative enforcement of violations; spills of oil and hazardous substances; stormwater management; and regulation of concentrated animal feeding operations (CAFOs).
LAW 3177. CASES & PLACES. 3 Credits.
This course is designed to introduce students to Florida ecosystems and the seminal cases that shaped them. Students will explore Florida’s environment and discover the political, policy, economic, and legal factors that influence how it functions today. Students will meet with professionals in the fields of science, advocacy, law, and policy to learn more about ongoing efforts to protect the region. Students will develop case memos for key Florida cases and embark on a four-day field trip to a featured region in Florida to become immersed in the subject matter of those cases. The field trip is interdisciplinary, combining science, law, and policy. The cases and places we visit will tell the tale of the region. The course will conclude with a paper that deeply investigates the impact of one of the pivotal cases. Students will present their paper and will review and edit their peers’ papers.
LAW 3190. COMMERCIAL TRANSACTIONS. 4 Credits.
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, and 9, and may 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 3198. COMPARATIVE CORPORATE LAW. 1 to 3 Credit.
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 3204. COMPLEX LITIGATION. 2 to 3 Credits.
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 3205. COMPARATIVE PRIVACY LAW. 2 Credits.
In an era defined by digital innovation and the rapid proliferation of personal data, understanding the complex landscape of privacy law is paramount. Building off the material in Privacy Law I, this course offers law students an in-depth exploration of privacy regimes in two influential jurisdictions: the United States and the European Union (EU) / European Economic Area (EEA). Beyond comparing these two major regimes, this course delves into the evolving challenges posed by artificial intelligence (AI) in decision-making, analysis, and manipulation within the context of cybersecurity and privacy laws and regulations. Students will explore the intricate world of data security and privacy law, where the protection of personal data intersects with the challenges of AI-driven decision-making. Students will become knowledgeable and versatile legal professionals capable of addressing the pressing privacy issues of our time. Privacy Law I (not this course) will address how theory and perspective converge with jurisprudence and policymaking to simultaneously restrict and expand privacy rights in the media, law enforcement, and corporate contexts. Privacy Law II (this course) will focus on privacy issues relating to commercial, sectoral, and international contexts through comparative analyses of data protection and cybersecurity statutes, regulations, and executive orders.
LAW 3213. CONFLICT OF LAWS. 2 to 3 Credits.
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 or 3 Credits.
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 Credits.
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 Credits.
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 3225. CONSTITUTIONAL LITIGATION. 2 to 3 Credits.
This is a course in advanced and applied principles in constitutional litigation. The focus will be on how to enforce constitutional protections in civil courts under 42 U.S.C. § 1983, including claims of excessive force, wrongful strip searches, and retaliation for protected speech. Practical examples and real litigation strategies and practices will be examined in the context of pursuing civil lawsuits against public officials and local governments for the violation of constitutional rights. We will consider topics such as what it means to act "under color of state law;" absolute and qualified immunities; government liability for the acts of individual officials; remedies for constitutional violations, including monetary and injunctive relief; and attorney's fees awards.
LAW 3226. CONSTITUTIONAL MORALITY SEMINAR. 3 Credits.
Constitutional Morality is a seminar exploring whether there is a proper, perhaps inevitable connection between the Constitution of the United States and moral philosophy. Stated as two questions, first, does the Constitution require moral behavior from all bureaus and officials (legislative, judicial, executive, and administrative) at all levels (federal, state, and local) of American Government? Second, if the Constitution requires such moral adherence, then does it render all immoral governmental conduct per se unconstitutional, or does the Constitution, explicitly or implicitly, authorize certain types of immoral governmental behavior?.
LAW 3230. CONSTRUCTION LAW. 2 to 3 Credits.
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 LAW. 2 to 3 Credits.
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 3239. CONSUMER LAW PRACTICE AND CLASS ACTIONS. 3 Credits.
The purpose of this course is to familiarize students with the law, management, and strategy of a successful consumer law practice. Like many consumer law practices, this course will focus on class action lawsuits but will include discussion of other legal matters practiced in a consumer law office. Students will study consumer law causes of action focusing on class actions. Readings, in-class exercises, and written assignments will allow students to gain practice-ready knowledge and experience to work in consumer law. This course will also help students generally with litigating class action lawsuits.
LAW 3243. COPYRIGHT LAW. 2 to 3 Credits.
This course provides an overview of the development and nature of copyright law. Topics include the origin, evolution and application of copyright law to protect expressions in a variety of ever expanding mediums. The course covers common law and statutory historical progressions, application, enforcement and termination of rights, litigation strategies and issues, and discussion of current topics of interest in the field.
LAW 3245. CORPORATE FINANCE. 2 to 3 Credits.
An examination of the legal, financial, and managerial theory of modern corporate financial structures. (o).
LAW 3246. CORPORATE TAXATION. 2 to 3 Credits.
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 3265. CRIM PROCEDURE - ADJUDICATION. 3 Credits.
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 3270. CRIM PROCEDURE-INVESTIGATION. 3 Credits.
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 Credits.
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 3278. CRITICAL RACE JUDGMENTS. 2 Credits.
Is it possible to be both a judge and a feminist?" So opens Feminist Judgments, a collection of key decisions in English law rewritten by feminist legal scholars. It is a provocative question, and one that prompted a group of Critical Race Theorists to ask another. "Is it possible to be both a judge and a Critical Race Theorist?" For some, the answer is obvious: no. Recall the controversy surrounding the suggestion that a prospective Supreme Court justice might have unique experiences as a "wise Latina" that could productively shape her jurisprudence. The reason some people might find the notion of a judge who is also a Critical Race Theorist unfathomable is not because Critical Race Theorists have nothing to say about legal doctrine. Instead, it is because what Critical Race Theorists have to say has become, in some sense, jurisprudentially unspeakable. In fact, several Justices on the U.S. Supreme Court have suggested that simply acknowledging and speaking about race is problematic. This see-no-evil-hear-no-evil approach to race and law has facilitated and legitimized the perception that Critical Race Theorists are "beyond allreason."<br><br>This course will challenge that assumption. More precisely, the course will provide a concrete indication of what a Critical Race Theory approach to constitutional law might look like. The course’s overarching aim is to demonstrate not only that Critical Race Theorists have something to say about specific legal regimes and disputes, but that what they have to say can be doctrinally processed within the logics of standard legal principles like precedent and stare decisis. Students should leave the class with a very clear sense that there are Critical Race Theory ways of “doing” (and not just critiquing) law.
LAW 3279. CYBERLAW SEMINAR. 2 or 3 Credits.
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 3289. DEPOSING MEDICAL EXPERTS. 1 Credit.
This is a one (1) credit condensed one (1) weekend course that will provide students with a practical review of Federal and Florida Law related to deposing medical expert witnesses. After reviewing the relevant rules, students will engage in interactive medical expert deposition exercises, view the video deposition of a medical expert, and finally will depose a medical exert. Students will be provided with actual medical records and expert reports. 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.
LAW 3291. DIRECTED RESEARCH PROJECT. 1 to 3 Credit.
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 Credits.
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. Students who have already completed the course Disability Law Seminar (Course# 3296S) may not enroll in this course.
LAW 3296S. DISABILITY LAW SEMINAR. 2 or 3 Credits.
This seminar surveys the evolution of federal law as it relates to people with disabilities. We will cover disability discrimination in the areas of employment, education, government services, public accommodations run by private entities, and housing. In exploring these areas, we will examine relevant case law and statutes (i.e., the ADA and its amendments, the Rehabilitation Act of 1973, the IDEA, the Affordable Care Act, and the Fair Housing Act) and their implementing regulations and guidance. We will also cover international/comparative legal protections for people with disabilities. In addition to studying legal authorities, we will engage in practical classroom exercises. Students who have already completed the course Disability Law (Course# 3296) may not enroll in this course.
LAW 3297. THE DOCUMENT OF THE DEAL: CORPORATE CONTRACTS. 2 Credits.
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 an experiential-oriented capstone offering, preparing students to enter a transactional practice. Pre-Requisites: LAW 3154 OR LAW 3255.
LAW 3300. DISASTER LAW PRIMER. 1 Credit.
This course is designed as a primer to teach the basic overview of disaster law and highlight systemic legal issues in a post disaster world. Students will understand the role of FEMA and interplay between state government, volunteers and local agencies. This one credit disaster law primer builds context for the one credit Disaster Law Externship where students will assist an attorney on a FEMA appeal; students must enroll in both courses during the same semester in a tethered model to learn through a 'practicum' course design. This allows students to learn context while also engaged in a 'real world' lawyering experience.
LAW 3300E. DISASTER LAW EXTERNSHIP. 1 to 2 Credit.
The Disaster Law Externship is a tethered experience to the Disaster Law Primer. Together both courses are structured as a 'practicum' course design where students engage in a 'real world' lawyering experience while learning context in the substantive primer. related to the course subject. Students in the externship setting learn through experience. Each student is assigned to a field placement supervisor and supervising attorney. The field placement supervisor is also an instructor for the primer course. Students are assigned to work directly on cases involving disaster research or claims to include FEMA appeals, and research on systemic issues related to disaster benefits. This course is designed to work directly with attorneys on disaster outreach committees so students will understand the responsibility of the American Bar Association and the State Bar in coordinating outreach efforts. Students are required to assist the assigned attorney on the case with legal research, relevant fact gathering and understanding the available benefits through FEMA or other agencies to assist people in rebuilding their lives post disaster. Students are required to engage in field hours, participate in reflective journals and keep time in order to satisfy the course work for the externship. This externship allows students to study the new FEMA guidelines and Individual Household Manual as well as understand the impact of disaster upon individuals across the nation. Students will engage in two round-table discussions regarding their assigned cases and are required to complete a written research project at the end of the semester. Attorneys in the field and the field placement supervisor will provide direct assessment and feedback relevant for each student's performance.
LAW 3315. ELDER & DISABILITY LW EXTRNSHP. 1 to 4 Credit.
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 Credits.
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 3318. ELDER LAW LITIGATION. 1 Credit.
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 Credits.
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 Credits.
This seminar exposes students to a variety of legal topics that impact the elderly. (meets writing requirement)(o).
LAW 3324. ELECTION LAW SEMINAR. 3 Credits.
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 Credits.
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 Credits.
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 Credits.
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 3332. EMPLOYMENT & LABOR LW EXTERN. 1 to 4 Credit.
This externship course involves field placement in the U.S. Equal Employment Opportunity Commission (EEOC), the National Labor Relations Board (NLRB), the Occupational Safety and Health Commission (OSHA), or the Florida Public Employee Relations Commission (PERC). Students placed with the EEOC 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. Students placed with the NLRB or PERC will have the opportunity to study first-hand the role of the agency by participation in the investigation, preparation, and observation of hearings conducted by the agency. Students placed with OSHA will be involved in researching and investigating allegations of retaliation against whistleblowers under more than 20 different federal statutes and may also participate in inspections or investigations of potential violations of workplace safety or health standards.
LAW 3333. EMPLOYMENT DISCRIMINATION. 2 to 3 Credits.
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 Credits.
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 Credits.
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 Credits.
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. ENVIRONMENTAL HAZARDS ASSOCIATED WITH REAL PROPERTY. 2 to 3 Credits.
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 Credits.
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 3341. ENV LAW-STUDENT TEACHING PROG. 2 Credits.
Students in this course will plan and develop a comprehensive undergraduate level Environmental Law or Environmental Policy course curriculum including a course schedule, a syllabus, lesson plans, and an exam. Students will practice effective verbal communication in preparation for a student-teaching experience in the spring semester. Registration by permission of Instructor. Prerequisite: Environmental Law.
LAW 3342. ENVIRONMENTAL LAW EXTERNSHIP. 1 to 4 Credit.
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 Credits.
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 3351. EQUALITY UNDER LAW SEMINAR. 3 Credits.
This seminar surveys the ways that the Supreme Court has succeeded and failed to recognize legal equality of individuals in the United States across differences of race, gender, religion, immigration and voting rights. The Course will start with cases in which the Supreme Court failed to recognize equality among men and women, nonwhites and whites, religious minorities and Christians, immigrants and citizens, voters and nonvoters. Then the Course will look at cases where the court recognized equality among genders, races, religions, non-citizens and citizens, and voters. Prerequisites: First-year curriculum.
LAW 3355. ENVIRONMENTAL ADVOCACY. 2 Credits.
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 Credits.
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. (o).
LAW 3390. ESTATE PLANNING. 3 Credits.
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 3393. ETHICS & THE PRACT OF CRIM LAW. 3 Credits.
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 3401. EU AND UN HUMAN RIGHTS. 1 Credit.
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 3405. EVIDENTIARY FOUNDAT&OBJECTIONS. 3 Credits.
EFO is a practical course designed to enrich students’ understanding of the Federal Rules of Evidence and their application in a trial setting. Through a series of exercises, which simulate pretrial motions and witness examinations, students develop the skills to advocate in writing and orally for and against the admissibility of evidence at trial.<br>The trial simulation exercises, which are followed by professor critiques and self-assessment through video review, help students master laying foundations for various types of evidence, making evidentiary proffers, and objecting to evidence.<br>The course also involves a written motions requirement that focuses students on evidentiary issues and how those issues fit into their case theory. Prerequisites: First-year curriculum, Evidence, and Trial Advocacy.
LAW 3412. FAMILY LAW. 3 Credits.
A study of the problems, policies and law related to marriage, divorce and child custody. (r).
LAW 3414. FAMILY LAW MEDIATION. 3 Credits.
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 an experiential requirement.
LAW 3415. FAMILY LAW EXTERNSHIP. 1 to 4 Credit.
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 3430. FED COURTS & FEDERAL SYSTEM. 2 to 3 Credits.
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 3445. FED GOVT LITIGATION EXTERNSHIP. 1 to 10 Credit.
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 Credits.
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 Credits.
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 3451. FEDERAL INDIAN LAW. 3 Credits.
Federal Indian Law examines the complex relationship between Indian tribes, states, and the federal government. The course explores the scope of tribal sovereignty by examining competing claims to criminal and civil jurisdiction, treaty rights including hunting and fishing, protection for Indigenous religion, and claims by tribes against the federal government for both the taking of property and breach of trust.
LAW 3454. FEDERAL JUDICIAL EXTERNSHIP. 1 to 4 Credit.
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 Credits.
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 3480. FED TAX OF EST, TRUSTS & GIFTS. 3 Credits.
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 Credits.
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 Credit.
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 Credits.
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 3491. OPEN GOVERNMENT IN FLORIDA: PUBLIC RECORDS AND SUNSHINE LAW. 2 or 3 Credits.
This course will provide students with a broad understanding of Florida’s open government laws – the Sunshine Law, which covers meetings of government agencies, and the Public Records Law, which covers records of public agencies and sometimes private entities. Students will understand Florida’s strong public policy in favor of open government, the legal requirements of the open government laws, and their practical application in general business affairs, the legal representation of clients, and as a discovery tool in litigation.
LAW 3500. FLORIDA CIVIL PROCEDURE. 2 or 3 Credits.
The examination and application of the Florida Rules of Civil and Appellate Procedure. (r).
LAW 3501. FLORIDA CONSTITUTIONAL LAW. 3 Credits.
A study of principles and operation of state constitutions with emphasis on the Florida Constitution. (r).
LAW 3502. FLORIDA CRIMINAL PROCEDURE. 3 Credits.
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 3511. FOOD LAW AND POLICY SEMINAR. 2 to 3 Credits.
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 Credits.
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. There will be a final examination and Stetson University College of Law's grading policy for elective, pass-fail courses will apply to this course. Student evaluations will be based on class preparation and the final examination.
LAW 3513. FLA LEGIS & POL ADVOCACY PRACT. 2 Credits.
This 2 credit summer course is designed to provide students with an understanding of the tools and skills necessary to become an effective legislative and policy advocate. Students will learn advocacy techniques to competently present matters to policymakers and work within the legislative process, review laws and regulations affecting lobbying and lobbyists, and comprehend the complex landscape of public policy. Students will learn to research rules and legislation, present initiatives to policymakers, and influence the regulatory and legislative processes. In addition to a traditional lecture and discussion format, students will engage in research assignments and hands-on advocacy involving actual regulations and/or legislation.
LAW 3515. FLORIDA JUDICIAL EXTERNSHP. 1 to 5 Credit.
This course is an experiential course placing students in chambers with an assigned judge at the trial or appellate level. A judicial externship is an opportunity for students to learn procedure and an area of practice through the lens of the judiciary. Students may conduct legal research and writing, review and make recommendations on civil or criminal cases, draft memoranda or orders as well as observe court proceedings. Apart from the field experience, students enrolled in this course keep weekly journals to dialogue with the overseeing professor about their experience and their own professional identity. Generally, students are placed in one of three settings: (1) the Florida Supreme Court Fellows Program; (2) in-chambers with a judge at one of Florida’s District Courts of Appeal; or (3) in-chambers with a judge at one of Florida’s Circuit Courts. Depending upon the court, students may apply through the on-campus application process for externship courses or may directly apply to the court and seek course credit. To enroll in this course, students must apply through Stetson’s formal externship program and be contacted by the professor overseeing the externship. Students may also attend the general externship course to assist with general skill development. This course is graded according to S/U.
LAW 3525. HEALTH INSURANCE LAW. 2 to 3 Credits.
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 3529. HEALTH CARE: OVERVIEW. 3 or 4 Credits.
This survey course will focus on the basics of the health care system, using the text and current events to provide an overview of health care programs, access, participants, benefits, contracts, business relationships, and other core features of health law in the United States.
LAW 3535. HONORS COLLOQUIUM. 2 Credits.
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. 1 to 3 Credit.
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 Credits.
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 Credits.
This experiential course prepares students to litigate in immigration court as well as in Federal courts for immigration related actions. The course covers 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 Experiential Requirement. Pre-requisites: None, although LAW 3920 and/or LAW 3140 is highly recommended.
LAW 3541. INDIVIDUAL RESEARCH PROJECT. 1 to 3 Credit.
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 Credits.
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 Trafficking 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 Experiential Requirement.
LAW 3545. HEALTH CARE: COMPLIANCEÐICS. 3 or 4 Credits.
This survey course will cover: Healthcare Compliance & Ethics, Technology, Human Resources And Management Issues, Fraud & Abuse (Kickbacks, Stark, False Claims, Antitrust, Tax, HIPAA).
LAW 3546. HISTORY OF THE SUPREME CRT SEM. 2 Credits.
This course focuses on teaching the history of the Court in three ways. First, a detailed setting of the time and place in American history from which the relevant jurisprudence emerged. Second, readings and discussions on the Justices as individuals, and how that time and place affected them, and how they in turn affected American history. Third, excerpts of the major cases that emerged from these Justices and periods in American history.
LAW 3547. GLOBAL ETHICS & COMPLIANCE. 2 Credits.
Introduces students to theory and practice of global compliance. Students will learn how to identify red flags that could require further assessment for compliance with anti-corruption laws. Students will learn how to articulate key elements of an effective global ethics and compliance program. Students will also learn techniques and strategies on how to effectively handle a workplace ethics and compliance investigation.
LAW 3548. IN-HOUSE COUNSEL EXTERNSHIP. 1 to 5 Credit.
Students will work with in-house counsel for at least 120 hours during the semester and participate in an online class. Each student will be required to produce work product of up to 30 pages. Work may include drafting of corporate and litigation documents; attending meetings, negotiations, or courtroom proceedings; and researching regulations, cases, or statutes. Suggested pre-requisites (may be waived by instructor): LAW 3255 or LAW 3154 and one commercial course. (o).
LAW 3549. INDIVIDUAL EXTERNSHIP PROGRAM. 1 to 12 Credit.
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 3550. THE IMPACT OF COVID-19 ON THE CRIMINAL LEGAL SYSTEM AND HUMAN RIGHTS. 2 Credits.
This class will explore the impact that the Covid-19 pandemic has had on the criminal legal system and issues related to human rights and civil rights experienced by communities of color in the United States. We will utilize case examples related to state wide release of jail prisoners, the issues related to reentry planning for formerly incarcerated individuals who may have been exposed to COVID-19 as well as the impact on the administration of the criminal court system. We will also examine the impact of the COVID-19 crisis on the Black, Asian and Native American communities. The objective of this course is to shed light on the chasm between law and justice during this pandemic era and how lawyers can help bridge that gap as they address inequities caused by the criminal legal system as well as inequities caused by other economic and social law and policies.
LAW 3551. THE IMPACT OF COVID-19 ON THE CIVIL LEGAL SYSTEM. 1 Credit.
This course is designed as an introductory survey course of the impact of Covid-19 upon civil systems. The course is designed to prepare students for the many legal issues now relevant in the civil setting and the increased demand on our civil court systems. Students will study the particular need of communities vulnerable before the pandemic, as well as a growing vulnerability for those hit hardest by the economic impact. The course will provide an overview of selected legal issues with assigned readings, national training tutorials and engage students in discussion. The course will provide an overview of the pandemic’s impact on the elderly, infirm or those high risk, analysis of child welfare, custody cases, domestic abuse, landlord/tenant eviction proceedings and a growing homeless population, as well as consumer protection issues. The course is structured with both recorded and online lectures and in every class students are expected to engage in reform policy discussion. Every student is required to select a writing topic, conduct research and draft a final paper on one of the related topics discussed in class.
LAW 3552. INSIDER TRADING SEMINAR. 2 Credits.
This seminar will provide an in-depth look at the regulation of insider trading. Subjects covered will include: theories of insider trading law including classical, tipper/tippee, and misappropriation; common law fraud; property law and embezzlement theory; Powell’s outsized role in creating the scaffolding of insider trading regulation; criminal insider trading prosecutions; legislative attempts to clarify insider trading prohibitions; and economic and market factors at play in insider trading. Prerequisite: First-year curriculum.
LAW 3553. INSURANCE LAW. 2 to 3 Credits.
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 Credits.
A survey course covering the basics of domestic copyright, patent, trademark and unfair competition law. Coverage includes common law, state and federal protections, and discussion of comparative externalities related to application, scope of enforcement and interplay between the subject areas. (r).
LAW 3561. INTELLECTUAL PROP EXTERNSHIP. 1 to 3 Credit.
Students work under the direct supervision of intellectual property counsel and/or supervisory staff at selected sites. Patent law is emphasized although some interaction with trademark and unfair competition law may also be involved. Students gain experience in searches related to protectability, drafting licensing agreements, drafting opinion letters, submitting different types of applications to governmental bodies responsible for IP regulation and administration, and engaging in strategizing and related preparation for dispute resolution. Students with STEM backgrounds and/or prior IP experience will receive preference. (r).
LAW 3564. INTERNATIONAL SPACE LAW. 1 Credit.
The course will examine the role of international law in the regulation of outer space activities, including those related to the moon and other celestial bodies. Specifically, the course examines the current and potential future uses of outer space. The course addresses the international institutions that are involved in this process, the legal regime of outer space and celestial bodies—including the exploitation of space natural resources—the legal status of spacecraft including their registration, liability considerations, and assistance to astronauts. The course will also focus on recent developments and more specific topics in space law, which include mining, commercialization, space tourism, and claims of sovereignty over outer space and celestial bodies. The course will also address military activities (space force) and the intersection of cyberspace with outer space.
LAW 3565. INT'L BUS/TRANSBRDER CRIME SEM. 2 or 3 Credits.
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 3567. INTERNATIONAL ENERGY LAW. 2 or 3 Credits.
Energy is the backbone of world economies, and lawyers play a central role in the multiple aspects of energy trade. Exploration, exploitation, transformation, taxation, mitigation of impact and more are all regulated by some form of law, from international conventions to contracts. This class will teach the basics of international energy law and markets, in three parts: What is “energy,” what are the international laws and contracts that apply to the energy markets, how are environmental impacts managed?.
LAW 3571. INTERNATIONAL PRACTICUM. 2 to 4 Credits.
LAW 3572. INT'L BANKING & FINANCE LAW. 2 to 3 Credits.
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 Credits.
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 Credits.
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 3575P. INT'L CRIMINAL LAW PRIMER. 1 Credit.
This short course will explore how international criminal law and institutions address elements of the conflict, including State responsibility, accountability for human rights abuses, individual criminal accountability, and environmental and economic concerns. It will also survey the specific challenges in assessing digital information and how to ensure that it is properly evaluated in an era of deep fakes and digital manipulation. It finally also examines whether international law and institutions have succeeded in Ukraine by surveying ongoing litigations and the work of the ICC, and others. The course is divided into three class meetings over one weekend.
LAW 3577. INT'L ENVIRONMENTAL LAW. 2 to 3 Credits.
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 3580. INTERNAT'L INTELLECT PROPERTY. 2 to 3 Credits.
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 Credits.
Preparation of studies and papers covering current international intellectual property topics using relevant treaties and statutes germane to the global location impacted by the case or controversy. Papers and projects generated for this course will fulfill the writing requirement. (r).
LAW 3583. INTERNATIONAL LAW. 2 to 3 Credits.
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 Credits.
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 Credits.
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 Credits.
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. In addition, students who have already completed the course International Sales Law & Arbitration Advocacy (Course# 3587A) may not enroll in this course.).
LAW 3587A. INTERNATIONAL SALES LAW & ARBITRATION ADVOCACY. 3 Credits.
Students will learn the theory and doctrine related to international sales and arbitration. Students will then then apply that doctrine by researching and writing first a draft, and then a final complex memo of law on topic. 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 memorandum in support of one of the parties in the Problem. Students will also train, practice, and finally make an oral argument before a panel of arbitrators. This course meets the Experiential Requirement. Students who have already completed the course International Sales Law & Arbitration (Course# 3587) may not enroll in this course.
LAW 3588. INT'L SECURITY LAW & POLICY. 2 to 3 Credits.
This course focuses on U.S. and multinational policies aimed at enhancing global security and the central international legal principles and institutions that contribute to policy formulation and implementation. The course will examine theoretical approaches to international security and world order; the international law of conflict management; the use of force and the role of the United Nations and regional security arrangements; arms control and disarmament; war crimes and international criminal tribunals; the multinational response to international terrorism and cyber attacks; and the application of the law of the sea, air, and outer space to international security initiatives.
LAW 3590. INTERNATIONAL TAXATION. 2 to 3 Credits.
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 Credits.
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. 2 Credits.
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 Experiential Education Requirements. Pre-requisite or co-requisite: LAW 2350. (r).
LAW 3594. INTRO TO THE PHYSICAL EXAM. 1 Credit.
This is a one (1) credit condensed one (1) weekend course that will provide students with a practical overview of how medical records are created, the rules and regulations governing their creation, storage, and access, and finally how they may be critically interpreted by an attorney. 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.
LAW 3595. JOURNAL OF AGING LAW & POLICY. 1 to 2 Credit.
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 3597. JOURNAL-INTL WILDLIFE LW & POL. 1 Credit.
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 3600. JURISPRUDENCE. 2 to 3 Credits.
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 3603. JOURNAL OF ADVOCACY & THE LAW. 1 to 2 Credit.
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 Credit.
Same as LAW 3605, but limited to students in Stetson's Honors Program. This course does NOT satisfy the writing requirement. (r).
LAW 3607. JUDICIAL PRACTICE. 1 to 2 Credit.
This course will help familiarize students with the workings of the judicial system. It will cover theories of judging, judicial ethics, and judicial opinion writing, as well as introduce students to the federal courts’ electronic docketing system. Using electronic dockets, students will conduct research and writing exercises typical of those performed by judicial clerks.
LAW 3608. JURY SELECTION. 2 Credits.
The emphasis in this course will be on the skills needed to pick a jury that is appropriate for your case. The students will participate in extensive role playing to illustrate the concepts taught and to hone their skills selecting a jury. Understanding what juror is a good fit for your case and how to identify someone that is not a good fit. It will look at what you can and cannot ask jurors based on statutory and case law. Also, how to manage and keep track of the information from each prospective juror. Finally, how to exercise challenges both legally and effectively. Prerequisites: First-year curriculum Note: Students who have enrolled in or taken the weekend course on Advanced Civil Trial Skills: Voir Dire (3055V) may not enroll in this course.
LAW 3610. JUVENILE LAW. 2 to 3 Credits.
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 propulation 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.
LAW 3611. JUVENILE LAW SEMINAR. 2 or 3 Credits.
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 3613. LABOR LAW. 2 to 3 Credits.
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 3633. LAND USE LAW. 2 to 3 Credits.
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 3634. LANDLORD TENANT PRIMER. 1 Credit.
With tremendous recent National and State attention to evictions as a backdrop, students will learn Florida’s unique landlord-tenant law and practical application of the law in housing disputes. Participants will become more efficient at identifying housing issues and aware of potential solutions. The course will explore basic principles of the Florida Residential Landlord Tenant Act and enhance professional development of housing skills. Students will refine analytical abilities and professionalism. Completion of the course should prepare students for future experiences assisting others with landlord-tenant disputes. Pre- or co-req for Landlord Tenant Externship.
LAW 3635. LANDLORD TENANT EXTERNSHIP. 1 to 4 Credit.
Students in the externship course will earn field hours in a legal aid office in the housing division with assignments relevant to eviction proceedings. Students will observe and participate in intake interviews, attend eviction proceedings, engage in know-your-rights presentations, conduct legal research, generate and organize data to study areas for policy reform. Students in an externship are not required to obtain their C.L.I. in order to participate and may not appear in Court, sign court pleadings or meet with clients alone in advising session. Students should enroll in the Landlord Tenant Primer course simultaneously or have as a prerequisite before enrolling in the externship. As with other externships, students must apply and be selected.
LAW 3651. LAW AND ECONOMICS SEMINAR. 2 to 3 Credits.
This seminar will provide 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. This course satisfies the upper-level writing requirement. (o).
LAW 3652. LAW AND JUSTICE SEMINAR. 2 Credits.
Law and Justice will explore classical and contemporary theories of justice and their application to current and recurring legal problems and case law. We will study cases in the areas of criminal, property, family, and employment law -- as well as readings from ancient and modern political and moral philosophers -- to analyze and reflect on fundamental questions, including: what is the right thing to do in the face of a given philosophical dilemma and how we should design our legal institutions. NOTE: Students who have already completed the course Jurisprudence (3600) may not enroll in Law and Justice.
LAW 3665. LAW & HIGHER EDUCATION POLICY. 2 to 3 Credits.
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 Credit.
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 Credits.
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 Credits.
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 3677. LAW AND THE WEB: BUILDING SECURE AND LEGALLY-COMPLIANT WEBSITES. 2 Credits.
This course explains the legal background against which websites operate. It then provides the tools and techniques both to audit current sites and to enable the building of new websites and portals that are attractive, secure, and legally-compliant.
LAW 3682. LAW OF ARMED CONFLICT - CURRENT TRENDS AND CHALLENGES. 2 Credits.
This course, comprising of thirteen lectures, is designed to introduce the specific body of international law—the Law of Armed Conflict (LOAC). Its primary purpose is to develop fundamental knowledge, and to equip students with the ability to comprehensively apply the international legal framework related to armed conflicts and military operations in real-world scenarios. The lectures will provide practical examples and the application of legal principles explaining what international law allows in an armed conflict and how to use the legal framework as a strategic capability.
LAW 3684. LW THROUGH THE LENS/POETRY SEM. 3 Credits.
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 rather extensive use of the law as a metaphor. (This course satisfies the upper level writing requirement).
LAW 3685. LAW PRACTICE MANAGEMENT. 1 to 3 Credit.
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 Credit.
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. S/U grade only. (r).
LAW 3692. LAW REVIEW EDITOR. 2 Credits.
Credit is given for participation in the publication of the Stetson Law Review. Voting members of the Editorial Board may earn up to 2 semester hours of credit per semester. This courses satisfies the writing requirement. S/U grade only (r).
LAW 3693. LAW REVIEW WRITING CREDIT. 1 to 2 Credit.
Credit awarded for completing the graduation writing requirement. (r).
LAW 3696. ADVANCED LEGAL WRITING. 1 to 3 Credit.
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. ADVANCED LEGAL WRITING: CONTRACT DRAFTING. 2 Credits.
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.
LAW 3696J. ADVANCED LEGAL WRITING: JUDICIAL OPINION WRITING. 2 Credits.
LAW 3696S. ADV LGL WRITING:SOCIAL JUSTICE. 1 or 2 Credit.
This course is designed to inspire students to use their legal research and writing skills to promote social justice advocacy by focusing on research that enhances individual and collective well-being, human dignity, and/or helps to balance the scales of power and wealth. The goal is to make sure that each student understands how to make their research valuable to others rather than just advancing research for their own edification or scholarly effort. Students will also learn general research techniques to develop annotated bibliographies on a subject of their choice. And finally, each student will participate in a collective group research project that will assist a local community organization focused on an equity (race, economics, and/or gender) related issue.
LAW 3696T. ADVANCED LEGAL WRITING: DRAFTING, WILLS, TRUSTS, AND ESTATES. 2 Credits.
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.
LAW 3696W. ADVANCED LEGAL WRITING: WRITING STRATEGIES & TACTICS FOR TRIAL LAWYERS. 2 Credits.
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.
LAW 3698. LEGAL ETHICS AND TECHNOLOGY. 1 or 2 Credit.
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 Credits.
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 3700. LITIGATING IN THE FLORIDA COURTS - THE FLORIDA RULES OF JUDICIAL ADMINISTRATION. 1 Credit.
The Rules of Judicial Administrative (RJA) applies to every area of practice in Florida. While these rules set forth procedures for e-filing, e-service, time calculations, confidentiality of documents, disqualification of judges, how attorneys are to enter and leave cases, as well as other litigation practices, this rule set is not addressed in the standard law school curriculum. These rules, however, are testable on the Florida Bar examination. This will be an intensive course held over a weekend.
LAW 3701. LEADERSHIP IN THE LAW. 1 Credit.
Lawyers are leaders – they are leaders in firms, leaders in government, leaders in public interest work, leaders in pro bono and community service, and more. Good leadership requires more than just directing others – good leadership requires thoughtfulness, integrity, and respect for those one is leading. Law students, therefore, have a responsibility to consider what kind of leaders they want to be and how to cultivate the qualities and practices that will get them there. This course provides that opportunity. This course covers fundamental principles of lawyer leadership, engaging students in principles and theory of lawyer leadership that will serve them not only as leaders in law school, but also as leaders in the profession. This course also engages students in application exercises and opportunities to reflect on their own law school leadership experiences. Most importantly, this course presents students with a chance to envision themselves as lawyer leaders and to chart a path to get them there.
LAW 3704. LEGAL OPERATIONS IN BUSINESS. 1 Credit.
Businesses have increasingly leveraged legal technology and data to drive the efficiency of in-houselegal departments. Legal Operations emerged to meet this demand, allowing lawyers to offer both legaland business counsel while staying abreast of evolving business and tech trends. This experientiallearning course delves into foundational Legal Operations concepts, preparing students to confidentlymanage budgets, assess new legal tech, implement process improvements, and optimize data trackingfor improved performance. This course is ideal for joint JD/MBA candidates or students with aninterest in business or finance but is broad enough to apply to all prospective practice areas.
LAW 3710. LOCAL GOVERNMENT LAW. 2 to 3 Credits.
This course offers an insider’s perspective into the practical application of what local government law is and how it works in Florida, including the interplay between the state and federal government. Taught by a former elected member of the Florida House of Representatives who has been a practicing attorney for over 30 years, with extensive experience in local and state government, this course focuses on three main themes geared toward the practitioner: the role of the attorney representing local government, the role the an attorney representing clients doing business with local government, and role of the attorney representing clients whose interests are adverse to local government. Course materials are supplemented by the diverse perspectives of invited guests who appear for select lectures including various local, state and federal elected and appointed public officials, as well as attorneys who represent or have represented counties, cities, and local school boards.
LAW 3712. LONG TERM CARE PLANNING (JD). 2 or 3 Credits.
This course will cover the various types of issues faced in an elder law practice when developing a long term care plan for clients. The course will cover working with clients with diminished capacity/dementia, the need for long‐term care (activities of daily living), the various housing options to provide the care (assisted living, nursing homes, care in homes), and how the client can pay for such care (Medicare, Medicaid, savings, long‐term care insurance.
LAW 3713. MARKET STRUCTURE. 1 Credit.
This course provides a foundation into the structure of the U.S. securities markets, including the equities, options, and fixed income markets. The class will also discuss the various roles and responsibilities of market participants, including introducing brokers, wholesalers, market makers, institutional investors, proprietary firms, and retail investors.
LAW 3715. MEDIA LAW. 2 to 3 Credits.
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 Credits.
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 Credits.
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 Experiential Requirement. Pre-requisites: LAW 2350 and LAW 3761. (r).
LAW 3719. THE MUELLER INVESTIGATION AND BEYOND. 1 Credit.
This course explores the appointment of Special Counsel Robert Mueller and the indictments, criminal informations, plea agreements, and other legal documents and cases coming from this investigation. In the context of this investigation it will examine issues of administrative law, constitutional law, criminal law and procedure, international criminal law, white collar crime, sentencing, and legal ethics. Prerequisite: Criminal Law.
LAW 3722. MEDICAL JURISPRUDENCE. 2 to 3 Credits.
This is a three (3) credit full semester course devoted to the legal theory behind health law. The intent of this course is to provide a practical overview of the interrelationships between Health Law (such as HIPAA, PSQIA, EMTALA) and Medicine. There will be a final examination and Stetson University College of Law's grading policy for elective courses will apply to this course. Student evaluations will be based on class preparation and the final examination.
LAW 3729. MERGERS AND ACQUISITIONS. 3 Credits.
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 3731. MODERN AMERICAN MILITARY JUSTICE (formerly Military Law). 2 to 3 Credits.
Formerly: Military LawThis course is a detailed examination of the procedural and substantive criminal law applicable in courts-martial under the U.S. military justice system, including the constitutional and statutory foundations for uniquely military offenses, pretrial investigation, and trial and appellate procedure. The course will also examine trial of suspected terrorists by military commission and the international agreements governing U.S. courts-martial conducted in foreign countries.
LAW 3735. MILITARY JUSTICE EXTERNSHIP. 1 to 4 Credit.
LAW 3740. MOCK TRIAL BOARD. 1 to 2 Credit.
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 Credits.
This course is designed to prepare students for the Multistate Bar Examination. Five Multistate subjects (Contracts, Torts, Criminal Law, Civil Procedure, and Property) will be utilized to focus on skill development. Specifically, students will receive in-depth skill instruction on reading comprehension, issue identification, rule mastery, critical thinking, legal analysis and recognition of distractors. Students will also gain a strong conceptual understanding and knowledge of highly tested doctrines and will be taught how to develop, use, and apply a flexible but strong analytical framework to solve bar exam problems. <B>The course will be limited to students in their final year of study.
LAW 3752. MULTIJURISDICTIONAL TAXATION SEMINAR. 2 or 3 Credits.
This course analyzes multijurisdictional taxation, which includes both international taxation and subnational (state and local) taxation. It explores the varying approaches that taxing jurisdictions use to address individuals, corporations, and transactions that occur across jurisdictions. The course will address personal income, corporate income, and transaction taxes. Students will examine relevant limitations of taxation, including international tax treaties and constitutional limitations on state taxation.
LAW 3753. MUNICIPAL&ADMIN LAW EXTERNSHIP. 1 to 4 Credit.
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 Credit.
Members of the Moot Court Board continue to develop their persuasive written and oral advocacy skills, through their work on a team of usually two or three students and participation in competitions hosted by law schools, bar associations, or other legal organizations. Moot Court Board members also complete administrative hours by helping with on- or off-campus events, such as hosting competitions and assisting with the oral argument component in Research and Writing II. Board members are selected through the annual moot court tryouts. Selection is based, in part, on faculty director evaluation. S/U grade only. (r). THIS COURSE IS FOR STUDENTS WHO ARE MEMBERS OF THE MOOT COURT BOARD BUT ARE NOT COMPETING.
LAW 3755. MOOT COURT BOARD. 1 to 2 Credit.
Members of the Moot Court Board continue to develop their persuasive written and oral advocacy skills, through their work on a team of usually two or three students and participation in competitions hosted by law schools, bar associations, or other legal organizations. Moot Court Board members also complete administrative hours by helping with on- or off-campus events, such as hosting competitions and assisting with the oral argument component in Research and Writing II. Board members are selected through the annual moot court tryouts. Selection is based, in part, on faculty director evaluation. S/U grade only.(r). THIS COURSE IS FOR STUDENTS PARTICIPATING IN THE MOOT COURT BOARD COMPETITIONS.
LAW 3759. NATURAL RESOURCES LAW SEMINAR. 2 to 3 Credits.
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 3760B. NON-LITIGATION DRAFTING: BUSINESS ENTITIES & TRANSACTIONS. 2 or 3 Credits.
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 3760T. NON-LITIGATION DRAFTING: TECHNOLOGY TRANSACTIONS SKILLS. 2 to 3 Credits.
This course introduces students to the core laws that most frequently affect technology transactions and teaches the skills and components of drafting the core transactional legal documents used in such transactions. 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 to analyze, revise and draft contracts in light of the unique substantive legal environment applicable to both consumer-to-business and business-to-business technology transactions.
LAW 3761. NEGOTIATION AND MEDIATION. 2 Credits.
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 Experiential Requirement. (r).
LAW 3763. OCEAN & COASTAL LAW & POLICY. 2 or 3 Credits.
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. 2 to 3 Credits.
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 3767. PATENT LAW. 2 to 3 Credits.
A general introduction to the theory and practice of patent law. No specialized scientific or technical knowledge is required. The class will survey the history, philosophy, economics, and technological evolution that shape current domestic statutory provisions, and relevant international treaties. The course will include some graded practical exercises.
LAW 3768. PAYMENT SYSTEMS. 3 Credits.
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). Students will also discuss federal statutes and regulations governing credit cards, debit cards, and other aspects of payments law, in addition to emerging forms of payment. This course satisfies the Code Requirement.
LAW 3769. PARTNERSHIP TAX. 3 Credits.
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 3771. POVERTY LAW. 2 to 3 Credits.
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 3773. PRE-TRIAL PRACTICE. 4 Credits.
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 Experiential Requirement. Pre-requisite: LAW 1150 and LAW 2190. (r).
LAW 3775. PRODUCTS LIABILITY. 3 Credits.
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 3779. POLITICAL CIVIL RIGHTS LAW. 1 Credit.
The purpose of this course is to provide students with a survey of current and emerging issues in American civil rights litigation. It defines civil rights broadly and incorporates issues related to food justice as well as traditional doctrines addressing discrimination based on race, gender and other identities. As a start, the materials on racial discrimination serve as an anchor. The foundational framework for our civil rights laws is directly related to our racially discriminatory laws. For that reason, the course starts with landmark cases and historical developments impacting the social and legal treatment of blacks and other communities of color. Additionally, it asks students to think about what law is, what law is doing, and what it should be.<br>The coverage, then, expands to the diverse areas of civil rights laws. Throughout, students will learn the contours of each doctrine, the principles that form it and their practical relevance. This begins with a discussion of racial discrimination as the catalyst for civil rights jurisprudence in America. The Civil Rights Act and relevant doctrines of the 14th Amendment, are important to understanding the development of civil rights litigation. Ongoing and emerging issues affecting gay, transgender, women, nonconforming individuals and poor classes are also covered as vibrant parts of civil rights jurisprudence.<br>To this end, the course’s materials are divided into three parts: the first part deals with foundational and historical issues that impact today’s jurisprudence. Chapters in this first section examine the road to Brown and the struggle for desegregation in school systems nationally. It also discusses pre and post Reconstruction cases and statutes still relevant today.<br>The second part examines in detail the cases and laws that make up the modern civil rights landscape. As such, it starts with the Civil Rights Act and a close examination of Title VII, Tile IX and Title VI. This section also includes cases that make up the voting rights canon as well as chapters on disability law, language minorities, and gender discrimination.<br>The third section delves into a study of emerging issues in the twenty-first century. In these materials, relevant issues include the struggle for sustainability as a civil rights issue, food justice, gender identity, sexual orientation and same sex marriage.
LAW 3781. PUBLIC BENEFITS LAW. 2 or 3 Credits.
This course will be an in-depth look at the laws and regulations of various government programs that impact elders, including issues concerning Social Security eligibility, Medicare and Medicaid eligibility, Florida's Medicaid plan, HUD housing, and other programs. A significant amount of the time will focus on Florida Medicaid and how Medicaid intersects with long-term care. Prerequisites: None, although Poverty Law and Introduction to Elder Law would be helpful.
LAW 3782. PUBLIC MARITIME LAW. 2 Credits.
This course will examine the regulation of maritime activity in the United States. The course focuses first on the international and domestic maritime policy process, the relationship between the federal and state governments in regulating maritime activity, and maritime rulemaking under the Administrative Procedure Act. The course then covers topics such as domestic enforcement of international environmental treaties, marine casualty investigations, vessel documentation, pilotage, mariner license suspension, and domestic inspections of both U.S.- and foreign-flagged vessels. Prerequisites: First-year curriculum. Administrative Law or International suggested, but not required.
LAW 3783. PUBLIC HEALTH LAW SEMINAR. 3 Credits.
The Public Health Law Seminar will focus on the use of legal tools to improve the public’s health. This Seminar takes an interdisciplinary approach to public health law, conceptualizing public health law as a process through which coalitions of advocates, attorneys, scientists, public health practitioners, and others work collaboratively to develop, advocate for, implement, and evaluate evidence-based legal reforms and interventions to prevent disease and reduce injuries. The interdisciplinary approach emphasizes that the entire process of legal change—from researching potential policy approaches to evaluating the effectiveness of legal interventions—requires careful examination, and that that each part of the process necessarily involves interdisciplinary collaborations. Moreover, the Public Health Law Seminar incorporates a Health Justice approach, emphasizing the ways in which attorneys can support marginalized communities in addressing inequities through law and policy.
LAW 3784. POSTCONVICTION REMEDIES. 3 Credits.
This class will explore both state and federal postconviction mechanisms for challenging both unlawful detention and convictions and sentences after one has been convicted and completed their direct appeal. State and federal postconviction offers the last avenue of relief for those whose convictions or sentences were obtained in an unconstitutional or unjust manner. Thus, there is a constant struggle between the interests of federalism, bringing closure to criminal cases and guaranteeing fundamental fairness of criminal proceedings. This struggle will be a consistent theme as the course examines the reasoning behind why postconviction procedures are what they are and examine how they could be improved. Understanding the interplay between state postconviction and federal habeas corpus and navigating the procedural labyrinth created by it, will make you a better criminal trial and appellate lawyer and, if you become a defense attorney, will serve your clients well down the road. Prerequisites: First-year required courses, including Criminal Law.
LAW 3785. PRIVATE INTERNATIONAL LAW SEMINAR. 2 Credits.
This seminar introduces students to the field of private international law (PIL) broadly understood. Traditional PIL issues involve jurisdiction, choice of law, and enforcement of judgments, but a more modern conception of the field also includes a variety of substantive topics, including international family law (e.g., international adoption, abduction, and enforcement of child support and family maintenance obligations), alternative dispute settlement mechanisms (e.g., international arbitration and mediation), and the cross-border aspects of such topics as data protection and privacy, bankruptcy/insolvency, secured transactions, securities law, intellectual property, transport of goods by sea, letters of credit, leasing law, consumer protection, and wills and trusts. Students will explore the main international organizations where PIL instruments (conventions, model laws, and principles) are formulated; the role of the U.S. Department of State’s Office of Private International Law in developing and implementing PIL instruments; issues of federalism that arise when a convention is ratified by the U.S. and becomes federal law; and some of the important existing and emerging PIL instruments in the areas mentioned above.
LAW 3786. OPTIONS TRADING&ITS REGULATION. 1 Credit.
This course will provide background information on how options trade, how they are used by investors and professionals, and regulatory issues surrounding options trading.
LAW 3787. PRACTICAL LIFE SKILLS LAWYERIN. 1 Credit.
This course helps students develop competency in many of the practical life skills of lawyers, including healthy productivity, resilience, self-awareness, and relationship-building. Students will explore how to balance professional life with personal life, how to adopt growth mindset, what their strengths are, what their purpose is, and how to cultivate meaningful and supportive professional relationships. In its first iteration, it will be taught as a one-credit offering with an eye towards expansion in the future.
LAW 3788. RACE AND THE LAW SEMINAR. 2 to 3 Credits.
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 3789. PERSPECTIVES IN DEBT. 2 Credits.
The goal of this class is to provide you with an intensive opportunity to study, reflect on, write about, and discuss issues of the roles of debt, money, financiers, politicians, and finance in our global economy. We will look at these issues through the lenses of law, history, economics, sociology, psychology, and biography, as presented in books and movies. We will read and discuss ten books and watch four movies. You will write a short reflection paper (~ 750 words) on each book and each movie, and also will write a longer (2000 words) final paper. Each person will do an in-class presentation on one of the books, with a partner (e.g., in groups of 2).
LAW 3790. PROFESSIONAL IDENTITY AND WELL-BEING. 1 Credit.
This course is designed to help explore professional identity and what it means to be a lawyer. This course is about you: how you fit into the practice of law, how you can use your strengths and passions to be a great lawyer, and how you can incorporate the values and competencies important to the legal profession as a student and future practicing attorney. During the class, you will have an opportunity to explore your own interests and goals while learning about the special obligations lawyers have to their clients and society. This will include an exploration of the values, guiding principles, and well-being practices considered foundational to successful legal practice. We will explore well-being: what it is, how you can work on it, and why maintaining your well-being will also help your clients. We will also explore how to develop the focus and concentration needed for success in law school and the practice of law and how best to relate to an increasingly diverse profession and clientele. The course will include readings, meditation/mindfulness practices, short reflection assignments, and presentations, and will require your participation in each class.
LAW 3800. ADV REAL ESTATE TRANSACTIONS. 3 Credits.
A study of modern mortgage law including: mortgage substitutes; transfers by mortgagors and mortgagees; primary and secondary mortgage markets, types of foreclosures; mortgage priority disputes; subrogation, contribution, marshaling, and the effects of special claims in receivership and bankruptcy. (o) Pre-requisite: LAW 1251.
LAW 3801. PRIVACY LAW I: MEDIA, LAW ENFORCEMENT, AND CORPORATIONS. 2 Credits.
As personal data are collected—and manipulated—more widely, consumers and other data users must navigate the delicate balance between competing objectives in media, law enforcement, and corporate structures, often in the context of emerging technologies and social norms. This introductory course delves into the multifaceted landscape of privacy from the vantage points of media, law enforcement, and corporations. Students will explore the dynamic interplay between these entities and their divergent approaches to privacy issues.
LAW 3803. REAL PROPERTY LITIGATION. 2 to 3 Credits.
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 3810. REMEDIES. 3 Credits.
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 3817. RESEARCH ASSISTANCE FOR CREDIT. 1 or 2 Credit.
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 42.5 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 3821. SALES & LEASES. 3 Credits.
This course examines the law of commercial transfers of goods and other personal property rights under domestic and international law. It 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 the federal Magnuson-Moss Warranty Act. This course satisfies the Code Requirement. (r).
LAW 3824. SCIENTIFIC AND EXPERT EVIDENCE. 3 Credits.
This course focuses on the use and limits of expert—principally scientific—evidence in civil litigation. The course will emphasize forms of scientific evidence such as medical proof of causation, epidemiological proof in product litigation, and social-science evidence in the criminal justice system. This course will provide a more complete introduction to the methodology underlying competent, scientific evidence, and how this is used to satisfy evidentiary standards like Daubert.
LAW 3832. SECURED TRANSACTIONS. 3 Credits.
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 Credits.
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. 2 or 3 Credits.
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 3865. Selected Topics for Health Care Systems: Effective Compliance Programs. 2 Credits.
This course will provide students with an understanding of how to develop, implement, and administer an effective health care compliance program with special focus on the role of counsel: as compliance officer, in house counsel, and outside counsel. Readings and discussions will cover Federal guidance documents, applicable regulations, code and case law. Students will have opportunities to develop practical application of the materials and concepts covered.
LAW 3869. SHORT COURSE ON ELDER LAW. 1 Credit.
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 3870. SEXUAL RIGHTS AND THE LAW SEM. 2 Credits.
This course will examine how sexual rights are included within various human rights, and how sexual rights are affected by political movements and public policy. The course takes an interdisciplinary approach, incorporating perspectives from social psychology, sociology, public health, medicine, and law. Through class discussion and work on seminar papers, students will research and analyze current initiatives and policy developments, existing legal decisions, and legislation, and grassroots advocacy work related to various forms of sexual expression, sexual rights, and sexual health. Prerequisites: Completion of first-year curriculum, especially Research & Writing I and Research & Writing II.
LAW 3871. SEP OF POWERS OUR CON SYS SEM. 2 Credits.
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 3873. SPACE LAW. 3 Credits.
Space law involves an emerging area of new commercial possibilities. This course is an extension of international law, and in essence, is compatible with any other international course taught at the College of Law. It has been sixty-two years since Sputnik, the first human-made satellite, orbited the Earth, and fifty-two years since the Outer Space Treaty entered into force. Now, companies such as SpaceX, Blue Origin, and Virgin Galactic represent the center and drive of the new space age or as it is called “new space.” Students will have an opportunity to learn and understand this new industry, and possibly help shape the future of space exploration.
LAW 3875. SPORTS LAW. 2 to 3 Credits.
This course will survey the structure of the sports industries and examine the application of labor and employment law, as well as antitrust law to the relationships between the professional athlete, employers, and governing organizations. The course will also address other substantive areas of law implicated in sports overall such as education law, state and administrative regulatory oversight, collegiate compliance requirements, international concerns, intellectual property issues and entertainment law. (r).
LAW 3876. SOCIAL JUSTICE ADVOCACY&THE LW. 3 Credits.
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 3883. STATUTORY INTERPRETATION. 2 Credits.
The law is increasingly defined by legislative enactments. Legislators, legislative staff, and lobbyists spendmuch of their time struggling to negotiate and draft statutes, which judges, administrators, and attorneys thenspend a significant amount of time attempting to interpret. The complexity of interpretation of laws can turnon something as small as the grammar used - the placement of a comma in these statutes can become the cruxof Supreme Court argument. By working through the theories and methods of interpretation, you will betterunderstand how to read law and argue for or against interpretations in your representation of clients.
LAW 3886. FLA DIS CRT APPL EXTERN LIASON. 4 Credits.
LAW 3892. STRATEGIC AND ETHICAL CONSIDERATIONS IN HIGH PROFILE CRIMINAL CASES. 1 Credit.
This course will use an array of high-profile criminal cases in looking at the role of the prosecutor in key ethical and strategic decisions, including white collar cases. It will examine prosecutorial charging considerations when there are internal office disagreements on whether to charge, when to charge, who to charge, and the applicable crimes to bring. It will look at whether all potential criminal defendants should be treated equally. It also will consider the role of regulators, collateral consequences, and international considerations that may factor into the charging and handling of a case. The role of the media in high profile cases and how best as a prosecutor to handle the media and public will be considered. Prosecutorial exchanges with crime victims and the court will be studied.
LAW 3893. SUMMER CERTIFIED LGL INTRNSHIP. 1 to 5 Credit.
This is an experiential clinical course structured to provide students an opportunity to pursue anapproved field experience in a location outside of our traditional clinical courses. This course is offeredduring the summer to allow a limited number of students an opportunity to pursue a studentpractitioner or remote C.L.I. clinical experience. Students must earn a certain number of field hoursbased on their credit enrollment and attend a weekly virtual course. Prerequisite: Professional Responsibility (2350).
LAW 3894. SURVEY OF FLORIDA LAW. 2 to 3 Credits.
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 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 3896. FL CRCT CRT(TRL)EXTERN LIAISON. 4 Credits.
LAW 3897. STATE LITIGATION EXTERNSHIP. 2 to 4 Credits.
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 3899. TAX OF EXEMPT ORGANIZATIONS. 2 to 3 Credits.
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 3902. TAX POLICY SEMINAR. 2 Credits.
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 Credit.
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 Credits.
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 3906. TECHNOLOGY IN PRACTICE. 3 Credits.
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 3907. TAXATION OF BUSINESS ENTITIES. 3 or 4 Credits.
This course is important for anyone interested in any aspect of business law and even litigation because it is helpful to know how to navigate and distinguish between the businesses and their owners. This course surveys the federal income tax consequences of business entities and their owners, including formations, contributions, operations, and distributions. The course covers the taxation of partnerships, limited liability companies (LLCs), corporations and their owners and shareholders. Under the Internal Revenue Code, corporations are generally taxed as entities separate and distinct from their shareholders, while there is no entity-level tax on an LLC or partnership, and amounts of income and deductions recognized for an LLC or partnership typically flow through to its owners. This course also briefly covers S corporations and Real Estate Investment Trusts (REITs), which embody aspects of both corporations and partnerships.
LAW 3908. TAX PRACTICE & PROCEDURE. 2 Credits.
This course examines federal tax practice and procedures, including taxpayer rights and privileges; the lifecycle of a civil tax controversy (from the filing of a tax return, to administrative audits and appeals, to litigation in the federal courts); the applicable statutes of limitations on assessment and collections; commonly assessed civil tax penalties; government investigative tools; representing clients in civil tax controversies; and current federal tax enforcement priorities.
LAW 3909. TOPICS IN BIODIVERSITY LAW. 1 to 2 Credit.
LAW 3911. THE LAW OF GUARDIANSHIP. 1 Credit.
This course will cover the basics of guardianship law, starting from the reasons for a guardianship and how to petition for one. The course will look at the various phases of the guardianship, from creation to administration to termination. The course will also look at the history and development of guardianship law in the U.S. and discuss the role of the attorneys in a guardianship case and the ethical issues the attorneys face.
LAW 3915. TRADEMARKS & UNFAIR COMP. 2 to 3 Credits.
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 3918. TRANSNATIONAL BANKRUPTCY SEMINAR. 2 Credits.
This seminar explores the special problems that arise when a debtor with multinational connections fails and goes bankrupt. Imagine an international shipping conglomerate with ships and creditors all over the world when it fails. Which country or countries conduct bankruptcy proceedings? Which country’s laws apply? Will other countries recognize orders entered in any such bankruptcy cases? Which creditors get paid, and out of which assets? We will first study the general issues inherent in cross-border insolvency scenarios, then turn to a detailed study of the European Union Regulation on Insolvency, and of Chapter 15 of the United States Bankruptcy Code. Each student will write an original research paper (sufficient to satisfy the upper-level writing requirement) and do a presentation in class. Prerequisite: First-year curriculum. Bankruptcy is recommended by not required.
LAW 3920. TRIAL ADVOCACY. 3 Credits.
The systematic development of and active student participation in the techniques involved in the trial of cases. This course satisfies the Experiential Requirement. Pre-requisite: LAW 2190. (r).
LAW 3920T. TRIAL ADVOCACY*. 3 Credits.
The systematic development of and active student participation in the techniques involved in the trial of cases. This course satisfies the Experiential Requirement. Must be taken concurrently with LAW 2190T (r).
LAW 3930. TRUSTS AND ESTATES. 3 or 4 Credits.
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 3934. US CRT APPEAL VET CLAIM EXTERN. 7 or 12 Credits.
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 Credits.
LAW 3937. U.S. LGL RESEARCH & WRITING. 3 Credits.
U.S. Legal Research and Writing is a one-semester, three-credit course. This course is required for any student enrolled in the International LLM program, unless the student has a JD from an ABA accredited law school or a law degree from a common law jurisdiction. USLRW is a skills course. Students study approaches to legal research in the U.S., with an emphasis on Westlaw, Lexis, and free internet research. Students also engage in a variety of writing exercises to demonstrate their acquisition of the skills required to engage in substantive legal analysis and communication in the U.S. Students may write objective predictive memoranda, persuasive arguments, client advice or demand letters, or other legal documents. Fundamental concepts of professional responsibility are emphasized throughout the course.
LAW 3938. VETERANS BENEFITS:LAW,PRAC&POL. 1 Credit.
LAW 3943. HIST/WESTRN LW&LEG THOUGHT SEM. 3 Credits.
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 Credits.
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 3946. WHITE COLLAR ADVOCACY. 2 or 3 Credits.
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.
LAW 3947. WHITE COLLAR CRIME. 2 to 3 Credits.
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 3960. WORKERS' COMPENSATION. 2 to 3 Credits.
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 Credits.
Offered 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. 1 to 5 Credit.
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. This clinic satisfies Experiential Education requirements. 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. 1 to 5 Credit.
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 Experiential Education requirements. (r).
LAW 4520. CIVIL ELDER LAW CLINIC. 3 to 5 Credits.
This clinic is based at Bay Area Legal Services in Tampa and Gulf Coast Legal Services in St. Petersburg. This program is to represent persons over sixty years of age with family law, housing, caregiver services, public benefits, guardianship, and elder abuse prevention. This clinic allows Stetson Certified Legal Interns to appear in front of judges to try cases, and also to advocate for elders in other fora. The student will be responsible for all phases of client representation, including intake interviewing, factual investigation, drafting pleadings and other relevant legal documents, participate in negotiations, conduct administrative hearings, and participate in trials. This clinic allows for students to understand the special dynamic of the attorney-client relationship where the client is an elder and provide them with a holistic understanding of the justice system as experienced by elders. Noelle Park Clark, Esq., Chief Advocacy Officer, Gulfcoast Legal Services [Fall semester] and Jena Blair, Esq., Managing Attorney, Bay Area Legal Services [Spring semester] will serve as Adjunct Professors and supervise students. As with our clinics, students will receive five credits and be required to dedicate 200 hours. This clinic satisfies the Skills and Experiential Education requirements. Prerequisites: LAW 2350 (Professional Responsibility) and LAW 2190 (Evidence). LAW 3115 (Introduction to Aging & the Law) is preferred, but is not a required prerequisite.
LAW 4533. JACOBS LAW CLINIC FOR DEMOCRACY AND THE ENVIRONMENT. 1 to 5 Credit.
This course teaches the art of law practice through client representation environmental and democracy matters in the Jacobs Law Clinic. Students will learn how to find and use the sources of law relevant to their clients' matters, including statutes, regulations, guidance and policy. Students will develop lawyering skills while representing actual clients, including interviewing, counseling, negotiation, fluency with rulemaking, presenting and oral advocacy, and drafting legal documents. The course will introduce students to overarching issues in environmental advocacy and democracy law, including Article III standing, Administrative Procedure Act, rulemaking petitions, open-government laws, and litigation, legislative, administrative, organizing strategies. Prerequisites/Corequisites: Administrative Law 3040 or Environmental Law 3340.
LAW 4534. ADV JACOBS LAW CLINIC. 2 to 5 Credits.
The Advanced Jacobs Law Clinic (JLC) teaches the art of law practice through client representation on environmental and democracy matters. Students will have already learned how to find and use the sources of law relevant to their clients’ matters in the Jacobs Law Clinic and will take on additional leadership and mentorship roles in the clinic representing clients. Students will serve as a mentor and in a senior law clerk capacity in the clinic for purposes such as interviewing, counseling, negotiating, presenting, and oral advocacy, drafting legal documents, and attending meetings and hearings. Students will also have enhanced experiential opportunities to present and lead discussions in classand help with client and matter selection and work-up. Prerequisite: Jacobs Law Clinic (Course# 4533).
LAW 4535. IMMIGRATION LAW CLINIC. 1 to 5 Credit.
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. This clinic satisfies the Experiential Education requirements. (r).
LAW 4536. ADV JACOBS LAW CLINIC 2. 2 to 5 Credits.
LAW 4548. LOCAL GOVERNMENT CLINIC. 1 to 5 Credit.
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 Experiential Education Requirements. (r).
LAW 4550. PROSECUTION CLINIC. 1 to 5 Credit.
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 Experiential Education Requirements. Prerequisites: LAW 2350, LAW 2190 or 2190T, LAW 3920 or 3920T, and LAW 3270.(r).
LAW 4560. PUBLIC DEFENDER CLINIC. 3 to 5 Credits.
The Public Defender Clinic provides you with actual experience as a trial attorney representing indigent clients under the direct supervision of faculty and attorneys. The Clinic will prepare you to represent a client with the professionalism and competence that is expected from a Stetson graduate and a Florida attorney. The Adjunct Professors and supervising attorneys are assistant public defenders from the Office of the Public Defender for the 6th Judicial Circuit in Clearwater. The clinic includes classroom instruction and experiential learning, affording certified legal interns the opportunity to actively participate in the criminal justice system and perform the functions of an assistant public defender through all facets of the case, including meeting clients, performing investigations, engaging in discovery, performing pretrial motions practice, and conducting jury trials. This clinic satisfies the Experiential Education requirements. Prerequisites: LAW 2190, LAW 3920 and LAW 3270. (r).
LAW 4565. TAMPA PROSECUTION CLINIC. 1 to 5 Credit.
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. This clinic satisfies the Experiential Education requirements. Prerequisites: LAW 2350, LAW 2190, LAW 3270 and LAW 3920.
LAW 4570. VETERAN'S ADVOCACY CLINIC. 4 to 5 Credits.
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. This clinic satisfies the Experiential Education requirements. 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 4571. ADVANCED VETERANS' CLINIC. 2 or 3 Credits.
This advanced clinical course is designed for students who have completed the Veterans Advocacy Clinic and desire a more advanced experienced representing veterans at the United States Court of Appeals for Veterans Claims. Students will appear before the court as a law student representative per court rules, work with appellate records, write a statement of the issues for the court and opposing counsel, participate in negotiated settlement discussions with opposing counsel from the Office of the General Counsel for the Department of Veterans Affairs, and if necessary brief the case to the court. The student will also maintain client contact and manage client files in a law office environment. Participation in this course is at Professor Simcox's discretion. <br>The credit hours a student signs up for can be either 2 or 3. The course is pass/fail.Students are not required to attend class for the first few weeks of class. Towards the middle of the semester, the student is required to attend the Veterans Advocacy Clinic course in order to participate in roundtable discussions with other clinic students.
LAW 5001. HEALTH LAW ISSUES AND HUMAN RIGHTS IN AFRICA. 1 Credit.
This course will explore Health Law and Human Rights issues that make the African continent unique. It will highlight, the predicament of African Women and the current strategies and interventions to address these. The course will increase the understanding of the role of International and regional Treaties dealing with Human Rights in Africa, and their application within that context. This course is devoted to human rights within the African continent primarily and in particular, women’s rights in relation to health policy issues. It will broaden the analytical and comparative views of the students, bringing a different perspective in the assessment of human rights situations. This course will enhance their knowledge and deepen their grasp of the major dilemmas facing women, imparting a comprehensive scope of understanding and assimilation of issues beyond the realms of domestic health laws and human rights, and bringing an international dimension to the narrative.
LAW 5002. REPRODUCTIVE RIGHTS: AN INTERNATIONAL HUMAN RIGHTS APPROACH. 1 Credit.
This course will utilize and international human rights framework to look at the central issue of reproductive rights as human rights. The course will comparatively look at the following areas: (1) sterilization; (2) abortion law; (3) the exercise of reproductive rights for different groups of individuals; and (4) reproductive technology. The course will examine these selected aspects of the rapidly changing legal landscape affecting reproductive rights, health and justice internationally. Further, the course will analyze the competing doctrinal, legal and constitutional bases of individual rights in these areas, evaluating dominant comparative theoretical frameworks within which reproductive rights are commonly understood.
LAW 5003. THE ETHICS OF ADVOCACY IN THE U.S., ENGLAND AND WALES: A COMPARATIVE APPROACH. 1 Credit.
One of the leading scholars of legal ethics in America, the late Deborah Rhode, has written, “The clash between lawyers’ responsibilities as officers of the court and advocates of client interests creates the most fundamental dilemmas of legal ethics.” Lawyers in the United States and in England and Wales must balance their duties to clients with their duties to the courts under very different sets of rules. In the U.S., almost all of the states have adopted some variation of the ABA Model Rules of Professional Conduct, whereas in England and Wales the Code of Conduct of the Bar Standards Board governs. In this course, I propose to cover the principal ethical obligations of advocates in the U.S. and in England and Wales, with particular emphasis on the differences. There are numerous significant differences. For example, in the U.S. litigators are expected to “woodshed” their witnesses, up to and including conducting mock direct and cross-examinations. In England and Wales, a barrister may not “rehearse, practice with or coach a witness in respect of their evidence.” In the U.S., a lawyer must reveal adverse authority to a tribunal only in limited circumstances, whereas barristers are required to take reasonable steps to ensure that the court has before it all relevant authority. I anticipate that these and the other major differences between the two systems will provoke deep reflection and rich discussion about what an advocate’s role should be in an adversary system that requires fidelity to both the court and the client.
LAW 5906. COMPARATIVE STUDIES IN INTERNATIONAL LAW - A FOCUS ON (FOREGIN COUNTRY). 1 Credit.
This course will give law students a comparative understanding of the legal system of a foreign country as discussed vis-à-vis the United States. Students will have the opportunity to study the historical underpinnings of a foreign country’s legal system and society, including gaining an understanding of the current legal system in that country. Students will gain a substantive understanding of the foreign country’s laws, US foreign policy regarding that country, and current legal issues relating to that country. The course will culminate in a 7 day, 6-night trip to that country.
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 6002. ADVANCED CRIMINAL PRE-TRIAL PRACTICE. 2 Credits.
This course will focus on advanced pre-trial topics and techniques not covered in the basic criminal procedure or basic trial practice courses. The course is a blend of lecture and skills practice. In addition to lectures on substantive issues, students will actively participate in simulated criminal pre-trial problems. Pre-trial situations are analyzed and practiced, and include case intake, pre-trial release issues, discovery, pre-trial motion practice, and sentencing hearings. Procedures and techniques used in both federal and state courts are included. Ethics is a major consideration throughout the course. Prerequisites: Evidence, Trial Practice, Criminal Law, Criminal Procedure, Professional Responsibility.
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 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 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 6998. DIRECTED RESEARCH PROJECT. 1 to 2 Credit.
LAW 7027. INTERNATIONAL COMMERCIAL LAW. 1 Credit.
This class provides intensive exposure to the law governing international sales transactions, the CISG, as well as an introduction to international commercial arbitration. The CISG governs the substantive law that applies by default to transnational sales of goods when the parties involved are from any of the 85 signatory nations, including some Caribbean nations (Dominican Republic, Saint Vincent and the Grenadines). This class is essential for anyone hoping to become involved with international trade. [This class would be somewhat redundant for anyone who has taken International Sales & Arbitration at Stetson.].
LAW 7032. COMPARATIVE TAXATION. 1 Credit.
This course compares modern tax systems in several developed and developing countries. The coverage is broad, touching on many countries and types of taxes, as well as the general legal framework for tax law, procedure, and policy.<br>This course analyzes income taxes, property and wealth taxes, and consumption taxes such as VAT. The focus is on underlying structural differences in legal systems, including constitutional issues, different approaches to defining income, alternative systems for taxing individuals and families, challenges with the VAT (including international services and the digital economy), judicial interpretation of tax laws, and judicial and legislative anti-avoidance doctrines. This course examines modern trends in tax administration including issues of tax complexity and tax compliance, and incorporates a robust tax policy analysis. Students completing this course will have a basic understanding of how to approach foreign tax law, and the tools to better understand the tax system in the student’s own country.
LAW 7034. COMPANY LAW AND CORPORATE GOVERNANCE. 1 Credit.
This course will analyze the basic principles and areas of company law and corporate governance; including the corporate vehicle, separate legal personality, the role of shareholders and directors, issues related to small companies, takeovers and mergers, creditors, with a brief overview of selected corporate finance issues.
LAW 7035. OFFSHORE BUSINESS PLANNING. 1 Credit.
This course will cover both business law and tax law issues related to business structuring and planning, with a particular focus on offshore business planning. Students will learn to consider, analyze, and apply basic concepts in: (i) choosing the proper form of entity to carry on a business, (ii) forming the entity that will carry on the business, and (iii) financing the entity with debt and equity. This course will address business and tax regimes in the United States and offshore. This course is structured around a practical business problem divided into various phases—increasing in complexity from establishing and incorporating a new entity, to its financing, and concluding with its sale.
LAW 7036. INTL COMMERCIAL ARBITRATION. 1 Credit.
This course will introduce students to the UNCITRAL Model Law on International Commercial Arbitration and its application by its jurisdictions. The course will examine its purpose and effect in the respective jurisdictions; provide an understanding the role of Arbitration in international and domestic commercial transactions; and to appreciate the distinction between the UNCITRAL Model of Law on International Commercial Arbitration and the UNCITRAL Arbitration Rules.
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 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 8027. ESTATE PLANNING & DRAFTING FOR MIDDLE INCOME ELDER CLIENT. 3 Credits.
This course will cover the various planning documents available when middle-income elders wish to complete estate planning. The course will cover the estate and gift tax thresholds; examine the typical planning documents (intervolves trust, durable power of attorney, pour‐over will, and health care agent) and the laws and issues in using those various documents.
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 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 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 8080. TAX AND THE ELDER LAW CLIENT. 3 Credits.
This course will be a survey of various issues of tax that apply in an elder law practice, including issuesconcerning Social Security, retirement plan or life insurance distributions, compensation,proceeds from the sale of a personal residence, deductions, tax credits, filing and estimatedtax payment requirements, taxation of trusts, Medical expenses, IRAs, caregiver expenses,and long-term care.
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 54000. CYBERLAW. 1 Credit.
This course will introduce various legal concepts, terms, rules, and guidelines related to information assurance, security, and law. The course will discuss how cyberlaw impacts the information technology arena. The course will also examine the role played by nation-states and other stakeholders, particularly the U.S. Armed Forces. The seminar will also consider associated concepts of cybersecurity science and international law.
LAW 54001. COMPARATIVE WORKPLACE PRIVACY LAW - US & EU. 1 Credit.
This course will examine and compare workplace privacy protections for employees in the United States and the European Union. The primary theme connecting the material is that Europe generally maintains stronger protections for workers than the US, including in employment security, expectations of privacy for workers, and positive legal protections for employees’ personal information and data. We will examine possible explanations for this divergence between the US and EU approaches to workplace privacy. Is the divergence attributable to fundamental cultural differences, such as the importance of individual worker dignity in Europe versus the primacy of liberty from governmental restrictions (on employers) in the US? Is US law moving in a direction more protective of employees’ privacy? Should it? Or should the US allow the labor market to allocate workers’ privacy interests and employers’ competing interests in effective monitoring and control over the workplace?<br>The course will cover workers’ speech and association rights; employer surveillance and monitoring (audio, visual, GPS location, biometrics, and health) of employees; and legislative protections for employee data. While we will necessarily reference the Constitutional protections for public sector employees in the US, the course’s focus will be centered on private sector employees. The most important recent developments include the GDPR’s data privacy protections for employees in the EU, and the adoption of similarly protective laws in some US states, such as Illinois’ Biometric Information Privacy Act. A comparative examination of employee data privacy is particularly important for law students who plan to represent or join the legal or HR departments of multinational entities employing workers in different countries. For example, a US-based multinational employer is subject to the GDPR regarding the data it collects or processes for any workers based in EU countries. <br>This course is well-suited to the Madrid, Spain location, because the Agencia Española de Protección de Datos (AEPD, or Spanish Data Protection Agency) is headquartered in Madrid. If given the opportunity to teach this course, I would attempt to coordinate with the AEPD and invite a guest speaker for one class.
LAW 54002. COMPARATIVE WORKPLACE AUTONOMY AND PRIVACY LAW - US & EU. 1 Credit.
This course will examine and compare workplace autonomy and privacy protections for employees in the United States and the European Union. EU member countries generally maintain stronger protections for workers than the U.S., including in employment security, worker autonomy and speech, expectations of privacy for workers, and positive legal protections for employees’ personal information and data. The course will cover workers’ speech rights; employer surveillance and monitoring (audio, visual, GPS location, biometrics, and health) of employees; employers’ use of automated decision-making; and legislative privacy protections for employee data. Students will explore protections under U.S. law, the European Convention on Human Rights, and Spanish laws covering data privacy and worker protections. The course will examine the GDPR’s data privacy protections applicable to employees and will consider the recent adoption of similar data protection laws in some U.S. states. A comparative examination of employee data privacy is particularly important for law students who plan to represent or join the legal or HR departments of multinational entities employing workers in different countries.
LAW 54003. INTERNATIONAL HUMAN RIGHTS, COURTS, AND ADVANCING TECHNOLOGIES. 1 Credit.
This course examines how advances in technology and the Internet have disrupted conceptions of human rights around the globe. With the Internet as a primary communication system, platforms such as Twitter (now X) and Facebook have had outsized significance in speech and individual rights. The course first traces some of the major international laws protecting human rights, explores how new technologies have profoundly impacted those protections, and then examines the changing role of courts in protecting rights in the digital age. The explorations include the role of remote GPS tracking and face recognition in facilitating mass surveillance systems; the role of generative Artificial Intelligence and machine learning, and the role of the Internet in creating opportunities as well as challenges regarding the freedom of speech and elections. Also considered will be the development of the Internet of Things and its transformation of privacy rights; and changes effected by automation and Big Data.
LAW 54004. INTERNATIONAL WILDLIFE LAW & GLOBALIZATION. 1 Credit.
Law is increasingly globalized, matching the world’s economy. Wildlife law – the protection of rare and exceptional species of animals – is a prime example of this globalization (animals, for example, don’t recognize borders). 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 Spain, which is at the crossroads of cultures, linking Europe, Africa, and the Mediterranean. The course has two focuses. First, it discusses the essentials of current international wildlife law. For example, the Convention on 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 those in Europe, seek to import animals and animal products from less-developed nations, such as those in Africa and Asia. Second, it discusses changing attitudes towards wildlife and animal law in an era 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 strives to be a thought-provoking, timely, and engaging course.
LAW 55021. THE WORLD AT STAKE!: INTERNATIONAL ENVIRONMENTAL LAW AND ADJUDICATION. 1 Credit.
Environmental law is among the most international of fields: water pollution flows over borders, air pollution drifts across continents, and poorer nations protect their wildlife from trade to wealthier countries. Meanwhile, in recent years, many of the most important court decisions of international law have arisen through environmental disputes. In turn, these cases provide excellent lessons for litigating with codes.<br>This course, The World at Stake!, will focus on international environmental law and adjudication. If in Granada (my first choice) – the true beginning of Columbus’s voyage in 1492 and just a hundred miles from Africa – the course will focus on law and international trade. If in the Hague, it will focus more on cases in the International Court of Justice and related tribunals. If in South Africa, it would focus on environmental law issues of the developing world.<br>In all locations, the student will practice skills in interpreting complex code provisions, which is common in the code-law world and increasingly important in U.S. law. They will read groundbreaking opinions on whaling by Japan, a brief for a climate change case, and the trailblazing “seal products” case against the European Union that explicitly integrated morality into international trade law.
LAW 55022. GLOBAL INCOME AND WEALTH INEQUALITY. 1 Credit.
The course will conduct a comparative analysis for income and wealth disparities in various OECD countries to determine commonalities between countries with high income and wealth inequalities compared to countries with low income and wealth inequalities. The course will examine the impact of income and wealth inequality and students will explore solutions for reducing income and wealth inequalities for each of the countries discussed.
LAW 55023. INTERNATIONAL PRIVACY IN THE 21ST CENTURY. 1 Credit.
The course offers comparative observations of the evolving conceptions of privacy in the 21st century through the prism of changing laws in the United States, Europe, Africa and Asia and then intertwines advances in technology, such as the Internet of Things, hacking, and biometric surveillance systems.
LAW 55024. COMPARATIVE IMMIGRATION AND NATIONALITY LAW. 1 Credit.
This course will introduce students to immigration and nationality law in comparative context. In addition to an overview of the history of migration and immigration systems in select countries, students will examine the 1951 Refugee Convention and 1967 Protocol relating to the Status of Refugees, which govern refugee and asylum law worldwide. We then will compare how this international law is applied on a domestic level in each country.
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 56002. COMPARATIVE ADVOCACY: MASTERING TRIAL ADVOCACY 2022. 3 Credits.
Students explore methods of persuasion 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. This course will include recorded lectures, in-person lectures, individual exercises with coaching feedback, and a final series of advocacy exercises where skills will be assessed.
LAW 57021. INTERNATIONAL INTELLECTUAL PROPERTY ALTERNATE DISPUTE RESOLUTION. 1 Credit.
This course will review what constitutes IP and the international treaties & bodies involved in addressing IP disputes via arbitration and mediation.
LAW 57032. COMPARATIVE INTERNATIONAL CRIMINAL LAW AND PROCEDURE. 1 Credit.
The course begins with an analysis of the concept of International Criminal Law. What is it? Does it make sense? What are the sources of such law and how is it authoritative? The class will take a close look at the law and practice of the International Criminal Court and various issues of international criminal procedure. The class will examine issues like jurisdiction, admissibility of evidence, prosecutorial powers, rights of the accused, basic adjudicative procedures, and the like. Differences in criminal procedure in various states focusing on the U.S., Canada, and European based systems of criminal justice and procedure with concentration on search and seizure, police arrest power, and the interrogation of criminal suspects will be discussed and examined. As an overarching theme, the course examines how changes and trends in politics and political ideology relate to the actual practice of criminal law at the international and domestic level.
LAW 57034. INDIGENOUS PEOPLES IN INTERNATIONAL COURTS. 1 Credit.
This course will explore indigenous peoples’ protections within the International Criminal Court and International Court of Justice. The course will begin by introducing students to the structure of the ICC and ICJ. It will proceed through case studies analyzing the jurisdiction, rights and remedies within the ICC and ICJ related to indigenous issues. The primary focus areas will be genocide, indigenous land ownership, and environmental degradation of indigenous land. The case studies will provide the foundation for discussing possible future indigenous cases in international courts.
LAW 57035. FREEDOM OF EXPRESSION: MODERN CHALLENGES AND COMPARATIVE PERSPECTIVES. 1 Credit.
The worldwide scope of social media platforms has brought international standards of free expression to the foreground in the debates surrounding free speech. The Western libertarian concept of freedom of expression, articulated in foundational texts like John Stuart Mill's On Liberty and developed in First Amendment case law by the United States Supreme Court and by interpretations of the Universal Declaration of Human Rights, is giving way to a more nuanced approach, as applied in decisions both by international courts and by important non-governmental actors such as Facebook’s Oversight Board. These developments challenge traditional concepts in free expression law such as harm, voice, and sovereignty. They also call for free expression to take concepts like subordination, power, and oppression into account, thus challenging the traditional agnostic view that strives to treat speakers and speech equally in the eyes of the law. In short, as speech achieves global reach, the system of protection for freedom of expression is becoming globalized.
LAW 57036. COMPARATIVE AND TRANSNATIONAL CRIMINAL PROCEDURE. 1 Credit.
This would be a five-day course. The first day would in general examine the United States criminal justice system versus that in continental Europe. Day two would discuss the application of the Fourth and Fifth amendments abroad. Day three would examine comparative approaches to the exclusionary rule and day four would examine comparative approaches to plea bargaining.<br>The course is designed so that students who have not yet taken basic Criminal Procedure at an American law school will still be able to participate and handle the material. However, students who have taken basic Criminal Procedure will still benefit from exposure to the topics.
LAW 57037. DOMESTIC AND INTERNATIONAL MASS CLAIMS PROCESSES. 1 Credit.
As compensation and remedies for damages become more global and international processes develop to account for mass claims, this course will allow students to appreciate other methods of dispute resolution beyond U.S. litigation and traditional ADR. It will introduce the students to mass claims litigation in the United States and allow them to study international reparations programs, through both international mass claims processes a.<br>This course will provide students a cross-over between domestic and international law through the lens of mass claims processes. The class will start with an overview of class action litigation focusing on the requirements to certify a class. Specifically, we will look at class actions as a precursor to the 9/11 Commission and reparations for victims of 9/11. We will also discuss the Holocaust claims class action against the Swiss banks that was filed in the Eastern District of New York, concurrently with the work done at the Claims Resolution Tribunal. This discussion will allow us to move to international reparations, where we will discuss the processes and procedures of the Claims Resolution Tribunal, along with the reparations provided by the Claims Resolution Tribunal to victims of the Holocaust or their heirs. In addressing these claims, I anticipate using material gathered from my five years working at the Claims Resolution Tribunal. We will also discuss reparation programs developed by the United Nations Compensation Commission, including a discussion of the Palestinian Late Claims at the UNCC, to allow a discussion of international claims programs addresses late claims, reparations from the International Commission on Holocaust Era Insurance Claims (ICHECH), reparations provided by the Iran-U.S. Claims Tribunal, and the reparations from the Victim’s Fund of the International Criminal Court. Again, I will use documents that I have assembled from my work at the United Nations Compensation Commission and the U.S. Department of State. Finally, the class will discuss reparations programs that were deemed unsuccessful due their failure to provide compensation, such as the Eritrea-Ethiopia Claims Commission (EECC).
LAW 57038. INTERNATIONAL COURT AND NET NEUTRALITY ENFORCEMENT. 1 Credit.
This course will look at net neutrality regulations (or lack thereof) around the world and the way that international courts and tribunals approach enforcement of those regulations. Students will be asked to look at the varying global approaches to net neutrality, including the approach different jurisdictions have taken in adopting their rules, and discuss best practices to ensure an open, accessible, and equitable internet. Readings will consist of legislative and regulatory materials, historical materials related to enactment and enforcement, current events pieces related to net neutrality, and policy pieces written about the topic. The class will include multimedia presentations by looking at news stories or short documentary snippets regarding net neutrality developments and showing websites that give information about net neutrality issues. For the final exam, students will be asked to select a jurisdiction they feel has a particularly solid approach to a net neutrality framework and justify their choice with materials they've read and discussed in class.
LAW 57039. INHERITANCE LAW. 1 Credit.
This course provides a comparative analysis of the inheritance laws in different countries, primarily determined by civil and common law systems. Specifically, the course will compare the inheritance laws of Spain, Louisiana, and British Columbia as representative of civil law countries. The representative common law countries are the United States, New Zealand, Canada, and the United Kingdom. The class will analyze the differences between the laws and determine whether there is a best or desirable system.
LAW 57040. FOREIGN LAW IN U.S. COURTS. 1 Credit.
Foreign Law in U.S. Courts will look at three important substantive issues that are increasingly critical to the practice of law in a globalized world: 1) When do American courts apply the law of a foreign country or use international law to resolve a dispute. This includes questions of when foreign law is enforceable in a choice of law clause and when the application of the foreign law on the basis of a claim would be a violation of Due Process. 2) If the foreign law is appropriate – how to plead the foreign law (American courts are not experts in the law of other countries, so they have some special rules to determine the meaning and interpretation of foreign law). 3) The recognition of a foreign judgment in a U.S. court based on comity and based on federal law. This includes enforcement using the Uniform Foreign Country Money Judgments Recognition Act.
LAW 57041. RESOLV PROC CONF IN TRANS LIT. 1 Credit.
This course will explore the procedural conflicts that arise in private litigation between citizens of different countries. Topics will include judicial jurisdiction; enforcement and recognition of foreign judgments; the role of international arbitration; and the role of treaties, judicial decisions, rules and legislation in the United States and other countries in conflict resolution. Students will explore policy considerations such as the role of comity, sovereignty, the efficiency of domestic legal systems in dealing with foreign parties and the burden on private parties facing conflicting national and adjudicative norms.<br>Students who take this course will reinforce their understanding of American civil procedure; study the rules of procedure from a comparative perspective; learn the interconnection between domestic and international law; develop an appreciation for the complexities of transnational litigation; and design alternative solutions that produce favorable outcomes for the parties and the countries involved.
LAW 57042. COMPARATIVE INDIGENOUS LAW. 1 Credit.
This course will study law and legal issues affecting indigenous people in various jurisdictions including the United States, Canada, New Zealand, Australia, Latin America and others. Topics will include the history and concepts of aboriginal.
LAW 57043. COMPARATIVE CORPORATE GOVERNANCE. 1 Credit.
In a globalized world, it becomes increasingly important to be familiar with more than one system of corporate governance. This course will provide students a comparative and functional perspective of major corporate law topics.<BR>There are considerable differences in the ways corporations are owned, controlled, and governed around the world. This course compares the corporate laws and governance arrangements of key jurisdictions. We will explore the root causes of the observed divergences in corporate governance, as well as their implications for the organization of the economy and society. The themes covered include the distribution of power among shareholders, boards of directors, and management; the protection afforded to minority shareholders, employees, and external constituencies; the growing ESG and climate risk agenda; the complementarities between corporate governance systems and the prevailing economic and social structure; the challenges facing firms in emerging markets; the distinctive features of state-owned enterprises; the influence of globalization and nationalism on corporate governance practices; and new issues relating to the rise of artificial intelligence. <BR>This course will enable students to engage critically in key debates in contemporary corporate governance and provide relevant background for those interested in cross-border legal work. The course will be comparative, providing students with knowledge about corporate governance and corporate law core features in major jurisdictions and asking why governance regimes in most countries display some common features and why they diverge in other respects. Closer attention will be given to the U.S., continental European jurisdictions (including Spain), and the UK, but will also include emerging countries such as India, Brazil, and others.
LAW 57044. BOOKS AND FLICKS: TRIAL ADVOCACY AND TRIBUNALS THROUGH THE LENSES OF LITERATURE AND FILM. 1 Credit.
Depictions of the legal advocates and legal advocacy in film and literature allow expert and lay audiences the opportunity to engage with trials and tribunals as entertainment, as drama, as fantasy, as education—or some combination of all of these. In this course, we will examine legal processes (both fictional and factual) to probe the relation between justice and ethics along with the various questions pertaining to law, guilt, responsibility, violence and punishment. How do literature and film critique the institutions of law and justice through works of literature and art? And how can we use media to better understand tribunals and the rule of law? <br>This seminar will examine depictions of litigation and legal themes in a variety of literary texts and films. Reading and discussing together, we will explore archetypes and stereotypes of lawyers and clients; themes of mercy, justice, rules, order, process; consider points of comparison between legal systems; and consider our place in all of this as servants (or subversives) of the law. Students’ performance will be evaluated in a take-home, short-answer exam administered at the close of the course.
LAW 57045. INTERNATIONAL COMMERCIAL LAW. 1 Credit.
This class provides intensive exposure to the law governing international sales transactions, the CISG, as well as an introduction to international commercial arbitration. The CISG governs the substantive law that applies by default to transnational sales of goods when the parties involved are from any of the 97 signatory nations, including the Netherlands and most other Western European nations (but, interestingly, excluding the UK). This class is essential for anyone hoping to become involved with international trade or dispute resolution. [The Hague is also famous as the home of the Permanent Court of Arbitration, an intergovernmental organization over 100 years old that facilitates international dispute resolution through arbitration.].
LAW 58003. SOUTH AFRICA: FROM APARTHEID TO DEMOCRACY. 1 Credit.
This course tracks South Africa’s political transition from the Apartheid Era to a modern democracy. Students will learn about the legal institutions structures supporting apartheid (including forced removals, travel restrictions, prohibition of interracial marriage) and suppression of resistance to race-based policies. They will also learn about the movements and pressures (internal and external) that led to the fall of apartheid. Finally, the course will explore the South Africa’s transition to the Government of National Unity and its current form of government, including the structures of the new parliamentary representative democratic republic and the Constitution of the Republic of South Africa, 1996.