College of Law
Message from the Interim Dean
Greetings to our newest Stetson students -
Welcome to Stetson University College of Law! We are excited that you have chosen to take the next step in your academic journey here, and we look forward to seeing all that you accomplish during your time at Stetson Law.
Stetson Law was the first law school established in Florida. It was home to the first clinical education program in the state. In the 100+ years since Stetson Law first came into existence, we have continued to honor the strengths we have developed while seeking to push forward with new visions of excellence in legal education.
As we move ahead following challenging times, we look forward to working with you and your classmates as you integrate into the Stetson Law community. I trust that you will find that the community—whether faculty members, students, staff members, or alumni—includes a variety of unique perspectives, talents, and interests. Stetson Law is united in our interest in developing professional, dedicated, practice-ready lawyers and leaders who will serve their communities and those in need of their assistance.
Your first year is an exciting and, yes, sometimes strenuous time in your academic journey. Know that as a community we are here to prepare you, to challenge you, and most of all to support you in this new endeavor.
Best regards,
Theresa J. Pulley Radwan
Interim Dean and Professor of Law
Associate Deans
Jason R. Bent, Associate Dean for Academic Affairs and Professor of Law
Ann Mullins, Associate Dean for Assessment and Professional Engagement and Professor of Law
Darryl C. Wilson, Associate Dean for Faculty and Professor of Law
General Information
Founded in 1900 as Florida's first law school, Stetson University College of Law has educated outstanding lawyers, judges and other leaders for more than 100 years. Stetson University is accredited by the Southern Association of Colleges and Schools Commission on Colleges. The College of Law is fully accredited by the American Bar Association and has been a member of the Association of American Law Schools since 1931.
http://www.stetson.edu/law/about/home/profile.php
Stetson University is accredited by the Southern Association of Colleges and Schools Commission on Colleges (SACSCOC) to award baccalaureate, masters, and doctorate degrees. Questions about the accreditation of Stetson University may be directed in writing to the Southern Association of Colleges and Schools Commission on Colleges at 1866 Southern Lane, Decatur, GA 30033-4097, by calling (404) 679-4500, or by using information available on SACSCOC’s website (www.sacscoc.org).
Overview of Degree Programs
Juris Doctor (J.D.)
The College of Law offers full-time and part-time Juris Doctor graduate degree programs. Florida and most other states require a J.D. degree from an accredited U.S. law school before an individual may sit for the state bar examination.
Juris Doctor - Master of Laws Joint Degree program
Beginning in Spring 2015, Stetson University College of Law will offer a joint-degree program, allowing qualified students the opportunity to earn both a J.D. degree and an LL.M. degree in advocacy from Stetson in as little as three years.
Master of Laws (LL.M.)
Stetson Law’s Master of Laws (LL.M.) degree programs are offered to students who have already received their first law degree at a law school accredited by the ABA or approved by the appropriate authority.
Master of Jurisprudence (M.Jur.) Degree Programs
Stetson offers advanced degrees for non-lawyers who wish to obtain a greater understanding of legal systems and concepts in the areas of international business, elder law, and healthcare compliance. Note: Admission to the M.Jur. programs does not guarantee admission to the J.D. program. Students who apply to the J.D. program after completing the M.Jur. may not transfer any M.Jur. courses or credits from that program to the M.Jur.
The Accelerated 3+3 Bachelor's/J.D. programs
Stetson University College of Law has collaborated to offer certain high-performing undergraduate students an opportunity to reduce the time required to earn both a Bachelor's Degree and Juris Doctor degree. Students seeking a J.D. degree typically complete a four-year undergraduate program followed by three years of law school. This path allows qualified students to earn both their bachelor's and J.D. degrees in six years. Stetson Law has Accelerated 3+3 Bachelor's/J.D. program agreements with:
- Stetson University: College of Arts and Sciences, School of Business Administration
- University of South Florida: Honors College Tampa
- University of West Florida
- Chatham University
Accelerated Juris Doctor for Foreign Attorneys
Stetson University College of Law will allow qualified foreign-educated attorneys the opportunity to apply as transfer applicants. This will allow candidates to complete the J.D. in an accelerated manner, typically two years if attending on a full-time basis. Candidates may also apply for part-time consideration. Following graduation, candidates may sit for the Bar Examination in any state.
Dual Degree Programs
Stetson University College of Law provides three dual degree programs for students to pursue two degrees simultaneously. JD/MBA (Master of Business Administration with Stetson University) JD/M.I.N.T.E.C. (Master in International Economic Law, in cooperation with Toulouse University, Toulouse, France), and JD/M.E.B.L. (Master in European Business Law, from the Comillas Pontifical University in Madrid, Spain.
Degree Programs
Juris Doctor:
Joint Degree in Advocacy
Master of Laws (LL.M.)
Master of Jurisprudence (M.J.)
View Course Opportunities for Clinics and Externships
Stetson Law offers students more than 300 clinic and externship opportunities annually. With approximately 29 clinic and externship courses at 60 hosting organizations, Stetson joins a handful of other law schools across the country who guarantee that every student can participate in a clinic or externship course during law school. While this does not mean that every student is guaranteed his or her first choice of courses, it does mean that any student who has the prerequisites can participate in a clinical course involving real practice.
Programs are designed to enhance classroom-based learning and give students opportunities to gain valuable, real-world experience while working closely with Stetson faculty. These experiences allow students to observe and participate in the application of substantive law, and find solutions to problems that confront attorneys on a daily basis.
For Students Who Wish to Apply
Please do the following:
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Read the Frequently Asked Questions.
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Review the Course Opportunities.
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Visit How to Apply to submit your application and supporting documents.
For assistance, please contact the Office of Clinical and Experiential Education at clinicaled@law.stetson.edu or 727-562-7357.
Study Abroad with Stetson University College of Law
Stetson's study abroad programs provide opportunities for exploring the world while also earning class credit and learning about foreign legal systems.
Study Abroad in Granada, Spain
The Granada, Spain study abroad program is designed to prepare lawyers for the challenges of the international marketplace. The globalization of law practice and business is among the most significant developments shaping the legal profession. The development of multilateral trade agreements and increase in cross-border transactions will offer new opportunities for worldwide legal services, including resolution of disputes.
Study Abroad in The Hague, Netherlands
Get a front-row seat for the study of international courts and tribunals through study abroad in The Hague, Netherlands. The Hague is recognized globally as a center for international institutions and tribunals and is one of two capitals in the Netherlands.
Study Abroad in Oxford, England
Stetson's study abroad program in Oxford, England is an intensive, two-week experience that teaches advocacy through practice, theory, and contemplation. Students will be exposed to the fundamental tenets of rhetoric, psychology, and storytelling. 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.
Cayman Islands Fall Intersession Program
The Cayman Islands Fall Intersession Program allows participants to study at the Truman Bodden Law School located in George Town, the capital city of the Cayman Islands.
Spring Break - Stetson Students only
Partner Programs
LAW A110. FUNDAMENTALS OF CONTRACT LAW. 2 Credits.
This course will provide a basic overview of the fundamentals of contract law, including formation, defenses and consideration.
LAW A120. ETHICS AND PROFESSIONALISM. 2 Credits.
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 Credit.
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 Credits.
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 Credits.
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 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 A180. LAW & AGING. 2 Credits.
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 Credits.
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 Credits.
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 Credits.
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 Credits.
LAW A230. HEALTHCARE ORGANIZATIONAL CULTURE OF COMPLIANCE & ETHICS. 2 Credits.
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 Credits.
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 Credits.
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 Credits.
LAW H110. FUNDAMENTALS OF CONTRACT LAW. 2 Credits.
This course will provide a basic overview of the fundamentals of contract law, including formation, defenses and consideration.
LAW H120. ETHICS AND PROFESSIONALISM. 2 Credits.
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 Credit.
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 Credits.
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 Credits.
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 Credits.
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 Credits.
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 Credits.
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 Credits.
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 Credits.
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 Credits.
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 Credits.
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 Credits.
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 Credits.
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 Credit.
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. REAL PROPERTY. 4 Credits.
An introduction to estates in land, future interests, and landlord and tenant relationships, real estate issues, restrictive covenants, and easements. (Formerly Real Property I and Real Property II).
LAW 1270. RESEARCH AND WRITING I. 4 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 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 3124. DISPUTE RESOLUTION BOARD. 1 or 2 Credit.
LAW 3126. THE MODERN STADIUM TRANSACTION: ANTITRUST TO OPENING DAY. 1 Credit.
This class will look at the ever-evolving legal, political and transactional challenges of developing a stadium for a professional sports team. In this weekend course, we will start with the basics of understanding the legal challenges/issues with franchise movement and the tax implications of public financing. We will then explore the challenges in trying to get such a project completed. During the course, we will examine the current legal relationship between the Tampa Bay Rays and the City of St. Petersburg and explore how the franchise can maneuver itself to a new home.<br>This course will examine real life deals (Tampa Bay and Atlanta) and a current and typical stadium challenge with the Tampa Bay Rays. The course will be taught by the lawyers who actually handled the transactions.<br>This course will help demonstrate the connection between many of the student?s law school courses (State Constitutional Law, Real Estate, Tax, Contracts, Landlord/Tenant) the students have taken and a real-world application.
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 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 3146. AWESOME ADVOCACY. 1 Credit.
Students explore methods of persuasion from a theoretical perspective and apply the lessons learned through performance-based exercises designed to expand the boundaries of their understanding of advocacy skills and mastery of techniques. This course will be instructed by a former Scottish Crown Prosecutor.
LAW 3152. BANKRUPTCY. 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 3171. CLIMATE JUSTICE: U.S. AND INTERNATIONAL PERSPECTIVE. 1 to 2 Credit.
The regulation of climate change has taken center stage internationally and regionally as the world braces for increasingly more severe impacts from the carbon-intensive global economy. In recent years, adaptation to these impacts has become a primary focus of global efforts to ensure the health and safety of the most vulnerable communities of the world such as the urban and rural poor, low lying island nations, indigenous peoples, and future generations in the face of climate change impacts. Climate justice emerged as part of the global response to these impacts. Climate justice focuses on the disproportionate burden of climate change impacts on the poor and marginalized and seeks to secure a more equitable allocation of the burdens of these impacts at the local, national, and global levels through proactive regulatory initiatives and reactive judicial remedies that draw on international human rights and domestic environmental justice theories. This course addresses climate justice from U.S. and international law perspectives and considers legal responses to promote climate justice in several regions of the world. It also evaluates regulatory obstacles under international law, U.S. law, and foreign domestic law in seeking to promote climate justice on a global scale.
LAW 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 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 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 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 3247. CORP GOVERNANCE GLOBAL MARKET. 3 Credits.
This course explores the question of how and whether corporations can be good citizens. This course will give students a range of perspectives on modern issues surrounding corporate governance, including new innovations created by the recent Congressional financial regulatory reform laws known as Dodd-Frank and Sarbanes-Oxley, as well as classic agency problems. This course will deal with risk management, profit maximization, ethical dilemmas, as well as how corporations may exercise the ability to spend corporate money in politics post-Citizens United. This course will be divided into four principle areas of study: (1) corporate management, who has responsibility for day to day operation of the corporation; (2) the board of directors, who has responsibility of oversight; (3) investors, who owns the corporations; and (4) stakeholders such as employees and community residents, who may be heavily impacted by corporate choices. LAW 3154 and LAW 3255 are recommended, but not required.
LAW 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 3282. DEFAMATION, PRIVACY AND OTHER ECONOMIC ISSUES IN TORTS SEMINAR. 2 or 3 Credits.
This course will focus on selected tort subjects which are not covered in depth in the first-year curriculum. Topics examined will include defamation, the rights of privacy and publicity, interference with common law civil rights, and harm to family relationships. The course may also consider the economic torts, including tortious interference, conspiracy, and restraint of trade. (meets writing requirement).
LAW 3285. DELAWARE INFLUENCE ON CORP LW. 1 to 3 Credit.
This one-credit hour course will give students an in-depth understanding of ten of the most important Delaware corporation law cases. Taught by the Honorable Andrew G.T.Moore, former Justice of the Delaware Supreme Court, and Professor Clark Furlow, each class will be devoted to one case. Students will learn why the case is important, how it changed or solidified a particular area of the law, and where it fits in the overall body of Delaware corporation law. There will be a one-hour exam at the end of the course.
LAW 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 3298. DIVERSE ISSUES IN ADVOCACY I. 1 Credit.
This course seeks to introduce students to prevailing issues in the representation of marginalized clients in varying groups in the United States. The course would examine these issues from the perspective of advocacy training, recognizing the importance of understanding diversity in the context of written and oral advocacy. This course would examine three groups of individuals, namely clients with diminished capacity, clients of different races and cultural backgrounds, and LGBT clients.
LAW 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 3317. CONSUMER PROTECT EXTERNSHIP. 3 Credits.
This externship will give students a practice education in dealing with various consumer scams targeting elderly individuals. The students will research and respond to requests for "technical assistance" about consumer scams and exploitations. Students, based on their research, will refer the victims to the various state agencies that have jurisdiction over the scams and exploitations. Interns will work out of the Center for Excellence in Elder Law. Pre-Requisites: None, but LAW 3238 or LAW 3115 recommended.
LAW 3318. ELDER LAW LITIGATION. 1 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 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 3395. EUROPEAN UNION BUSINESS LAW. 1 to 3 Credit.
Students will study the EU legal regime as it regulates the free movement of goods and services, workers, persons, and capital. Special emphasis will be placed on doing business in the EU from the perspective of the United States businesses and law firms. This course meets the LL.M. degree requirement. (o).
LAW 3396. EUROPEAN UNION LAW. 2 to 3 Credits.
This course will focus on the constitutional/administrative law of the European Union (EU). Students will study the history of the EU, the treaties underpinning the EU, the institutional structure of the EU, the Law-making procedures of the EU, enforcement of and challenges to the law of the EU, and the protection of human rights under EU law. (o).
LAW 3397. EUROPEAN UNION COMPETITION LAW. 1 Credit.
LAW 3398. EUROPEAN INTELLECTUAL PROPERTY LAW & PRACTICE. 1 Credit.
The class is designed to provide an overview on European Intellectual Property Law with a focus on technology protection (patents & trade secrets) as well as trademarks. Meaningful technology protection needs to cover multiple jurisdictions. Europe and especially the EU being one of the world's most relevant technology producers and markets needs to be considered and assessed by U.S. attorneys.
LAW 3401. EU AND UN HUMAN RIGHTS. 1 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 4 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 3504. FLORIDA REAL ESTATE LAW. 2 to 3 Credits.
Creating a familiarity with and appreciation for the legal challenges inherent to transactions involving Florida real property is the objective of this course. It will be presented at an intermediate level of complexity for law and practice to students who have fulfilled the first year's curriculum, and who intend to advance to property related courses of advanced complex-subject matter. [This course is strongly recommended as a prerequisite to courses that explore mortgage foreclosure, for example] The course will provide an overview that melds the law of Property, Contract, and Tort to survey such subjects as sales agent commission disputes, contractual terms-expressed and implied, financing provisions, restrictions and conditions upon title, assurance of title, document preparation for closing, and contentious interests of other parties.
LAW 3506. STATE SUPREME COURT JUD EXTERN. 5 to 12 Credits.
This program accepts a limited number of students with strong academic records to intern with the Florida Supreme Court each semester. Selection of students is based upon class standing (typically the top 25% of the class). Students who receive an offer to intern with the highest court of another state may also request through the Associate Dean of Academics to receive credit within this externship program; such a request must be granted before the student begins the externship program and the student must participate in all required components of the externship program to receive credit. Students seeking to intern with the Florida Supreme Court must apply through Stetson's application process to receive externship credit. Under the direction of particular Court Justices and/or their staff, students will review and make recommendations to the Court on matters such as: petitions for discretionary review, attorney discipline matters, extraordinary writs, and other issues in cases pending before the Court. Students must have completed their required course-work, other than area requirements, to participate in the program. Students will receive 7 credits in a summer term or 12 credits in a fall/spring term. S/U grade only.
LAW 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 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 4 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 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 3581. INTERNATIONAL JOINT VENTURES. 2 or 3 Credits.
This course will familiarize students with the variety of issues faced by business parties when embarking upon a joint venture when one of the business parties is a non-U.S. entity or when the joint venture entity plans to do business in a non-U.S. jurisdiction. (o).
LAW 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 (approx. 50 pages, double spaced) 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 brief 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 3599. JUD DEC-MAKING APPELL CONTEXT. 1 Credit.
This course examines the decision-making process of judges in an appellate environment, with emphasis on issues such as the standard of review at the appellate level, the role of stare decisis,and the use of concurrent and dissenting opinions. The course will be graded through a series of short assignments, and is graded on a Satisfactory/Unsatisfactory basis.
LAW 3600. JURISPRUDENCE. 2 to 3 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 3606. INTRODUCTION TO COMPARATIVE CRIMINAL LAW. 1 Credit.
The course will introduce students to comparative criminal law as an academic course and an emerging area of modern legal practice. It will concentrate on some of the major criminal law issues in two major world jurisdictions ? Europe (civil law system, Ukraine in particular) and the United States (common law system).
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 3642. LAW & BEHAVIORAL SCIENCE. 3 Credits.
The primary focus of this course is on the use of psychological and sociological expertise in the judicial processes. The course examines such topics as the use of statistical evidence to establish discrimination; the use of psychological techniques such as "profiling" to predict future criminal behavior; the use of psychological "syndrome" evidence to determine whether, e.g. the behavior of the criminally accused is attributable to the "battered spouse syndrome" or "post-traumatic stress disorder." No background in the social sciences is required. (o).
LAW 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 3674. LAW POLITICS AND STATE POWER: THE SUSTAINABILITY OF CONSTITUTIONAL GOVERNANCE IN AFRICA. 1 Credit.
This course examines the relationship between Law and Politics in African Political Systems with regards to constitution-making and constitutional governance with special reference to Kenya. Right from Independence, constitutions have played a key role in the genesis and evolution of African Political Systems (Aristide Zolberg, Creating Political Order: The Party-states of West Africa (New York: Rand McNally and company 1967). Yet constitutional governance was the first to be a casualty of military coups de'tat before the ink dried on the new constitutions (Ruth First) The Barrel Of A Gun: Political Power In Africa and The Coup D'etat (Oxford: Penguin, 1971); P. Anyang' Nyong'o, "Soldier and Counter-Revolution in Liberia (ed) Popular Struggles for Democracy in Africa (London Zed Books, 1989)<br>Okoth-Ogendo argues that the existence of constitutions need not necessarily lead to constitutionalism; i.e a political culture in which constitutional values are respected and practiced, and constitutional institutions became the blocks with which governance is built (h.W.O. Okoth-Ogendo, "Constitutions without Constitutionalism: An African Political Paradox" in Douglas Greenberg et al, Constitutionalism and Democracy: Transitions In the Contemporary World. (New York; OUP, 1993).<br>Much more recently we have seen a post-independence flurry of constitution-making to rebuild otherwise fragile states in post-apartheid south Africa, former Portuguese colonies and the former settler plantations like Kenya, Zimbabwe and Cote D'Ivoire with varying degrees of success (see Anyang' Nyong'o, "Electoral Democracy and election Coalitions in Former Settler Colonies in Africa: Is Democracy in Trail or in Reverse Gear in Kenya, Cote D' Ivoire and Zimbabwe? in E.N. Sahle, (ed.) Democracy Constitutionalism, and Politics in Africa, (forthcoming). These constitutions are essentially products of political compromise between pro-democracy social forces and the defenders of kleptocratic regimes controlling state power in the economic interests of narrow elites that derive their legitimacy from class, racial, regional, ethnic or religious groups changing "pacts of domination" or political alliances over time.<br>Raising disturbing and at times unanswerable questions, this course will seek to shed some light on the sustainability of constitutional governance in Africa given the continent's history and political economy. It will also provide the student with the opportunity to understand Law as the outcome of political and social struggles which very often shape the character of the state. Constitutionalism and democracy are not God-given. They evolve in historical contexts and, interestingly enough, also contribute to the making of history.
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 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 3695. LEGAL TECHNOLOGY & THE COURTS. 1 or 2 Credit.
This course will cover how the technology is used by attorneys when interacting with the court system. The course will provide an overview of issues that attorneys face daily when working with courts, such as e-filing, e-discovery, security of data, communications, case presentation, policy considerations, and file retention.
LAW 3696. ADVANCED LEGAL WRITING. 2 to 3 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. 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 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 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 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 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. Prerequisite: Federal Income Taxation I (Course# 3449).
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.
Students continue to develop their written and oral advocacy skills by competing in moot court competitions hosted by law schools, bar associations, or other legal organizations. The Board members help with a number of projects on- and off-campus, which include hosting on-campus competitions and assisting with the oral argument component in Research and Writing II. Board members are selected in one of two ways: (1) due to their performance in Research and Writing II, or (2) from the annual tryout competition. Selection is based, in part, on faculty advisor evaluation. S/U grade only. (r).
LAW 3755. MOOT COURT BOARD. 1 to 2 Credit.
Students continue to develop their written and oral advocacy skills by competing in moot court competitions hosted by law schools, bar associations, or other legal organizations. The Board members help with a number of projects on- and off-campus, which include hosting on-campus competitions and assisting with the oral argument component in Research and Writing II. Board members are selected in one of two ways: (1) due to their performance in Research and Writing II, or (2) from the annual tryout competition. Selection is based, in part, on faculty advisor evaluation. S/U grade only.(r).THIS COURSE IS FOR STUDENTS PARTICIPATING IN THE MOOT COURT BOARD COMPETITIONS.
LAW 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 3765. NONPROFITS SEMINAR. 2 to 3 Credits.
Consideration of the role of the nonprofit corporation vis-a-vis the business corporation as well as fiduciary relationships and regulatory issues. The seminar will include a workshop on the organization of a nonprofit corporation and obtaining tax exempt status. (meets writing requirement)(o).
LAW 3766. ORG OF BUSINESS ENTERPRISE. 3 Credits.
This course will explore the factors to consider in choosing a form of business enterprise for small businesses including: corporate law, taxation law (state and federal), estate planning and regulatory concerns. Students will be required to develop a planning model and document a corporation, S corporation, partnership and limited liability company. Pre-requisite: LAW 3255 or LAW 3154 (may be taken simultaneously).
LAW 3767. PATENT LAW. 2 to 3 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 3777. THE POWERS OF WAR AND PEACE: THE PRESIDENT, CONGRESS, AND THE COURTS SEMINAR. 2 or 3 Credits.
This seminar examines national security legal questions of war and peace, applying constitutional and statutory provisions and caselaw to real-life and notional scenarios involving the tensions between the Executive, Congress, and the courts. Students will lead the discussion, and in the final class, will assume the roles of legal counsel and Members of the Senate Foreign Relations Committee and counsel from the Office of the Legal Adviser, Department of State, addressing the war powers of Congress and the President in the context of two crisis situations. Pre-Requisite: Constitutional Law I.
LAW 3778. NATIVE AMERICAN TREATY LAW. 3 Credits.
Students in this course will study the treaty obligations and relationships between the federal government and specific groups of Native Americans. Sovereignty, rights to land and water, and socio-economic disparities will be viewed from the perspective of treaties, the ?supreme law of the land,? according to the U.S. Constitution. Students will engage in critical analysis of the federal governemnt?s performance under specific treaties, and the practical implications of that performance for modern citizens (Native or non-Native). This course is, broadly speaking, a domestic human rights course.
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 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 3800. REAL PROPERTY FINANCE. 2 to 3 Credits.
A study of modern mortgage law including: mortgage substitutes; rights and duties of the parties prior to foreclosure; transfer by mortgagor and mortgagee; foreclosure; special priority situations; and subrogation, contribution and marshaling. (o) Pre-requisite: LAW 1251.
LAW 3803. REAL PROPERTY LITIGATION. 2 to 3 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 3825. SCIENTIFIC EVIDENCE WORKSHOP. 2 to 3 Credits.
This course explores the law regarding the admissibility of scientific evidence and the tactics and strategy involved in the use of expert witnesses at trial. Students will conduct pretrial interviews of expert witnesses, depose an expert witness, draft and argue a motion in limine, and conduct direct and cross examinations of expert witnesses in a trial setting. Pre-requisites: LAW 2190 and LAW 3920.
LAW 3832. SECURED TRANSACTIONS. 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 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 3874. FLA CRCT CRT (APPELL) EXTRNSHP. 3 to 4 Credits.
Students are placed with three-judge appellate panels in the Sixth Judicial Circuit (Pasco and Pinellas Counties). Under the direction of a Circuit appellate judge, students draft memoranda and orders, conduct research, and may attend appellate panel meetings. Students will review and make recommendations on civil or criminal cases invoking the appellate jurisdiction of the Circuit Court, including: appeals from County Court, petitions to review administrative action, and all other petitions seeking extraordinary writs necessary to the complete exercise of the Circuit Court's appellate jurisdiction. Priority in assignment of interns is given to the civil appellate panels. This externship also provides opportunities to view the types of court proceedings and administrative actions that are brought before the panels. The externship is open to second and third year students who have completed Research and Writing I and II; other students may be permitted on special request. This externship is valuable for anyone who is interested in doing appellate work upon graduation.
LAW 3875. SPORTS LAW. 2 to 3 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 3880. STATE AND LOCAL TAXATION. 2 to 3 Credits.
A comparison of Florida tax structures with those of other states. The course deals with the problems arising from immunities and exemptions from taxation and with classification, assessment, levy, and collection of taxes on tangible and intangible property. (o).
LAW 3885. FLA DISTRICT CRT APPEAL EXTERN. 1 to 4 Credit.
Students are placed with the District Court of Appeal for the Second District, in Lakeland, Florida. Students intern in Court one day per week, and do research and drafting a second day away from the Court. Students draft memoranda and orders and conduct other research on behalf of the District judges and their staff. This externship is valuable for anyone who is interested in doing appellate work upon graduation. (r).
LAW 3886. FLA DIS CRT APPL EXTERN LIASON. 4 Credits.
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 3895. FLA CRCT CRT (TRIAL) EXTRNSHP. 1 to 4 Credit.
Students are placed with Circuit Court Judges in Pinellas and Hillsborough Counties and with the State Attorney's Office for the 13th Judicial Circuit in Hillsborough County. Students draft memoranda and orders as well as observe court proceedings. (r).
LAW 3896. FL CRCT CRT(TRL)EXTERN LIAISON. 4 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 3909. TOPICS IN BIODIVERSITY LAW. 1 to 2 Credit.
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 the approaches to legal research in the U.S., using both print and electronic sources, with an emphasis on Westlaw, Lexis, and free internet research. Students also write at least four documents, of varying length, to demonstrate their acquisition of the skills required to engage in substantive legal analysis in the U.S. Students write objective predictive memoranda, persuasive arguments, and client advice or demand letters. A final project requires students to research, write, and engage in oral arguments in a moot appellate court setting. Fundamental concepts of professional responsibility are emphasized in every aspect of 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. 5 Credits.
The clinic student, under the Florida Integration Rule, will represent age 60 and older clients who meet income eligibility guidelines. The student will be responsible for all phases of client representation, including interview, investigation, drafting pleadings/documents, negotiations, administrative hearings and trials. This clinic satisfies the Experiential Education requirements. (r).
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 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 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 2190, LAW 3920 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. 1 to 5 Credit.
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-a-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 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 7017. COMP CHOICE LW RULES IN TORT. 1 Credit.
The course will examine the rules used in the choice of law process to assign the governing law to a tort which possesses foreign elements. It will open with a consideration of the rules as developed by the English common law (the ?double actionability? rule) as applied in the Cayman Islands and will then compare and contrast those rules with the rules developed and applied in the EU by EU member states pursuant to the provisions of the Rome II Regulation (Regulation (EC) No 264/2007). The course will approach the examination of each set of rules from the perspective of forming a view as to whether the common law or EU rules better meet the objective of producing certainty in this interesting and intriguing area of law.
LAW 7020. HUMAN SEX TRAFFICKING: PSYCHOLOGY AND THE LAW. 1 Credit.
Human Sex Trafficking, an invisible challenge to human rights across the globe, is a robust and growing business, only less profitable than the drug trade. The purpose of this course is to provide the student with a comprehensive understanding of human sex trafficking. In this intercession course, we will focus on Human Sex Trafficking and related federal and international responses to what is now commonly referred to as modern day slavery. The class will begin with an inquiry into the question of what trafficking is-a question that, despite the existence of legal definitions of trafficking, remains highly contested. We will also explore who the traditional trafficking victim is; you will learn about the physical, emotional, psychological and spiritual trauma experienced by the victims of human trafficking and the methods used to recruit and control them. Human trafficking in the Caribbean will be discussed, with a focus on the six CARICOM countries who have been singled out as having a severe human trafficking problem. We will discuss the reasons why human trafficking is so pervasive in these countries in particular, as well as the laws, both American and International, which have been implemented to combat Human Trafficking in this region. Of note is the Trafficking Victims Protection Act (TVPA). We will discuss the TVPA as well as other current statutes that combat sex trafficking in the Caribbean. Finally, we will explore the challenges faced in prosecuting these cases, as well as solutions provided by the current legal framework in place. Class instruction will blend in-class discussion and analysis with the use of film clips, social media and other source materials to enhance your understanding of this topic.
LAW 7021. COMPARATIVE TITLE ASSURANCE ISSUES IN REAL PROPERTY TRANSFERS. 1 Credit.
This course reviews the differences between the US recording act systems and the varied methods of recording property transfers in the Caribbean or lack thereof. The course looks at private title insurance as a way to offset the inadequacies of public records in the US, the lack of comparable private entities in the Caribbean and the impact of such a void in assuring that individuals have stable claims to private property.
LAW 7022. HUMAN RIGHTS IN THE CARIBBEAN. 1 Credit.
The issue of human rights in the Caribbean has, in recent years, been focused on the question of LGBTI rights. Most Caribbean jurisdictions have little to no protection for such rights, and, in particular, the much-vaunted question of same-sex marriage has been largely ignored in this region.However, it is important to remember that human rights constitute a much broader range of rights than simply the highly publicized LGBTI rights. This course will therefore consider human rights in the Caribbean in such areas as gender equality rights, the rights of workers, the right to a fair trial, and the question of capital punishment.Consideration of these issues will be made within a comparative context of domestic protections which are offered in some of the key Caribbean jurisdictions, such as the Cayman Islands, Jamaica, Trinidad and Barbados. The legislative and common law protections will be considered, as well as the constitutional protections which are espoused throughout these states. It should also be noted that numerous Caribbean jurisdictions, such as the Cayman Islands, Turks and Caicos, Aruba and the Netherlands Antilles are all subject to the greater administrative control of European states which are, in turn, subject to the European Convention on Human Rights.Finally, the domestic protections will be considered within the context of the wider international legal provisions, such as the International Convention on Civil and Political Rights, the Convention on the Elimination of all Forms of Discrimination Against Women, and the Convention on Rights of the Child. Assessment will be made of whether, and if so, to what extent, Caribbean jurisdictions are in accord with the legal obligations imposed on the wider international community.
LAW 7023. U.S. CORPORATIONS, TAX EVASION, AND THE CAYMAN ISLANDS. 1 Credit.
The Cayman Islands is one of the most well-known tax havens in the world (along with countries such as Switzerland, the British Virgin Islands, Bermuda, and others). Unlike most countries and even some other tax havens, the Cayman Islands does not require corporate taxes, making it an ideal place for multinational corporations to base subsidiary entities to shield some or all of their incomes from U.S. taxation. This course will explore what tax havens are, how they work, why the Cayman Islands? tax laws permit U.S. tax evasion, and what the U.S. and the Cayman Islands? governments are doing to combat the problem.
LAW 7024. COMPARATIVE CHOICE OF LAW IN CONTRACT RULES: THE COMMON LAW v. EU RULES. 1 Credit.
The course will open with a consideration of the choice of law rules in commercial contracts developed by English common law (still applicable in the Cayman Islands and numerous other common law jurisdictions). It will be explained that such rules are designed to allocate a governing law to contracts possessing foreign elements and why the choice of law process is crucial in determining the outcome of commercial litigation. The course will then move on to consider the parallel choice of law rules which apply to EU member states (including, presently, the UK). These rules are set out in the Rome II Regulation and (like earlier domestic English legislation) abrogate entirely the common law rules in the UK?s case. The course will compare the underlying philosophies of the two sets of rules and consider why it was felt necessary to jettison the common law rules. Some consideration will also be given to what effect, if any, Brexit is likely to have on the continuing application in the UK?s case of the Rome II Regulation.
LAW 7026. COMPARATIVE COPYRIGHT LAW IN A DIGITAL WORLD. 1 Credit.
In the age of the Internet, copyright law has become fraught with legal and global disagreements. The tension between public access to these works and protecting the rights of copyright holders has resulted in diverse legal and policy responses in an ever-changing digital landscape. The U.S. Constitution explicitly protects and encourages the development of creative works. Once a piracy nation, the U.S. has become a vocal proponent of the development and aggressive enforcement of stringent protections for copyright owners as a way to protect its economic interests in a borderless Internet. There is additional pressure on countries under the Trade-Related Aspects of Intellectual Property Rights agreement (TRIPS), part of World Trade Organization (WTO) regimen, to accede to an international approach to the protection of copyright and other forms of intellectual property (IP).The response from Caribbean nations has been mixed to these trade and legal pressures. Some countries have been reluctant to adopt new or revised copyright laws in a way that may impede the free exchange of ideas and interfere with regional and local social policies and economic interests. Caricom policymakers have been hesitant to establish IP standards across the planned Caricom Single Market and Economy (CSME). In addition, Caribbean nations may take a broader view of the protection of moral rights as opposed to the more limited U.S. view on moral rights. This course will explore the opportunities and challenges of Caribbean and U.S. copyright policies and consider issues of moral rights, infringement and fair use in our digital age.
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 7028. CARIBBEAN COUNTRIES AND GLOBAL FINANCIAL REGULATION. 1 Credit.
Many view Caribbean countries as travel destinations for fun and leisure while others seek out these tropical destinations for financial benefit. The World Bank and the International Monetary Fund are engaged in assisting these small countries to strengthen their economies. This assistance includes direct funding, loans, education, and structural guidance in terms of regulation.In the wake of the global financial crisis, there has been renewed interest in building fiscal institutions to ensure fiscal discipline in the United States and abroad. In connection with this movement Caribbean countries will need to address their pace of economic growth and change, global and local risks, and limited financial resources. This course will introduce students to the role of the IMF in the financial stability and regulation of Caribbean countries. The topics of historic relaxed financial regulation as it relates to possible tax evasion and money laundering will be discussed. Current events related to the strengthening regulations will be a focus.
LAW 7029. COMPARATIVE TRUSTS LAW. 1 Credit.
The Trust has been used to manage family wealth, and mitigate charges to tax, since the Middle Ages. Over the last century, the English trust has underpinned the development of the trust in other countries, both on- and offshore. Trusts have been developed in civil law countries (such as Italy and Switzerland) to which the concept of equitable ownership is alien. The American Uniform Trust Code has set down a model trusts law which has been built upon by nearly half of the American states.This course will consider how the trust is established and used in English law compared to the American Uniform Trust Code as well as considering the differences in offshore trusts, with a particular reference to the STAR trust regime in the Cayman Islands.
LAW 7031. COMPARATIVE ADOPTION LAW: ENGLAND (INCLUDING ITS OVERSEAS TERRITORY-THE CAYMAN ISLANDS) & THE U.S.. 1 Credit.
British law allows the so-called ?forced adoption? of children ? the non-consensual removal of children from their parents. Under current law, the risk of future harm to a child (even without evidence of current harm) can be the basis for removal. In addition, the law forbids direct contact between adopted children and their birth or foster families. Our discussion will begin with the 2018 study conducted by the British Association of Social Workers (The role of the social worker in adoption ? ethics and human rights: An Enquiry (www.basw.co.uk/adoption-enquiry)).Contrarily, in the United States, unless there has been a prior termination of parental rights, birth parents? consent is required. In addition, the majority of US adoptions are so-called open adoptions. Under this approach, varying degrees of contact between the adoptive and birth families occur over time.
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 7033. TAX POLICY AND SOCIAL JUSTICE. 1 Credit.
The course explores the intersection between law, policy and social justice. The focus of the seminar is to explore how social justice may be affected by seemingly neutral policies and laws. The lecture portion of the seminar will focus on Tax policy. Students do not need prior tax classes to be successful. The objective of this seminar is three-fold: (1) to provide you the opportunity to explore a wide variety of issues relating to different laws and policies through a social justice lens; (2) provide exposure to comparative evaluations of various state statutes, federal laws and policies, international rules and laws; and (3) to provide you with advanced instruction in the history, goals, structure, values, rules and responsibilities of the legal professionals and their roles in social justice paradigm.
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 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 9096. COMP CIVIL LITIGATION:US vs UK. 2 Credits.
This course is intended to complement the Comparative U.K.-U.S. Legal Systems course and is designed to introduce students to the practical differences and similarities between the American and English trial systems. The focus will be on how trials are conducted and how to try a case effectively in both jurisdictions. Students can expect to learn and practice trial skills, including direct and cross examination, opening statements, and closing arguments. The class will also attend court sessions for observation and subsequent group discussion. By the end of the semester, students will understand how trials are conducted in the courts of the United States in comparison to trials in England and Wales, and will possess universal skills in the area of trial advocacy that could be applied in either jurisdiction. This class does not meet the Stetson Experiential requirement.
LAW 9097. COMPARATIVE CIVIL LITIGATION: THE GOOD, THE BAD, AND THE UGLY. 2 Credits.
This course is designed to introduce students to the civil litigation process in the UK whilst comparing it to US civil litigation. We will compare the civil procedure rules in the US and UK by applying the rules to two mock cases. The class will be divided into US and UK litigators and each session will be a practical exercise in conducting litigation in each country, thereby allowing the students to understand the similarities and differences in both jurisdictions as well as to learn practical skills such as writing demand letters, taking depositions, drafting witness statements and negotiating settlements.
LAW 9115. COMPARATIVE EMPLOYMENT LAW. 1 Credit.
This course will support students through the internship experience by giving them an opportunity to discuss the issues encountered during their internships while also providing them with a legal framework to understand and compare the differences in employment law in the United States and United Kingdom. We will also consider the language and cultural challenges faced when working abroad. We will begin with a crash course in the language and cultural differences between the US and UK, particularly focusing on how likely it is to encounter those differences in the workplace so as to develop an appreciation of the contrast and prepare for the internships.The goal is to support students through the internship experience while providing a legal background on employment law in the US and UK. This course will be required for students participating in the internship.
LAW 9117. A COMPARATIVE STUDY OF THE REGULATION OF THE LEGAL PROFESSION IN THE US, ENGLAND, AND WALES. 1 Credit.
In this course you will study how the legal profession is regulated in the United States as compared to how it is regulated in England and Wales. In particular, we will contrast the reforms that England and Wales instituted with the Legal Services Act in 2007 to promote access to legal services with the analogous, but fragmented, efforts to accomplish the same goal in the various states in the U.S. We will also examine the effects of technology and globalization on the provision of legal services and contrast the likelihood that the two different regulatory systems will be able to adapt to these fundamental forces of change.
LAW 9212. ETHICS IN SPORTS MANAGEMENT AND GOVERNANCE. 1 Credit.
This course concentrates on a range of ethical issues that face the sports industry professional in the twenty first century across the UK and USA. On-going crises in international and national sport, ranging from doping and match-fixing to alleged corruption in governing bodies, mean that no sports manager can ignore the issue of ethics. By exploring these issues in a critical academic way, informed by historical and contemporary perspectives, our students will develop a clear sense of the challenges facing contemporary sport and an agenda for maintaining excellence and reforming problematic areas. The course will begin with a consideration of what sport is, and what it means in different cultural settings, along with an introduction to the philosophical and practical considerations underpinning ethics. It will then examine the legal and organizational frameworks for sport, before exploring a range of thematic case studies of problematic areas in sport, such as doping, violence, discrimination, child protection, academic sport issues, the environment, and human rights. The whole module will be based around such questions as: How and why have regulations around sport developed? Who controls them and in whose interests? How does management and governance in sport relate to models in other business, entertainment, and cultural sectors? How do national, international, and transnational systems inter-relate? Why have crises happened and what has sport learned from them? How do national and international legal systems inter-relate with sports governance?.
LAW 9213. EU AND UN HUMAN RIGHTS. 2 Credits.
Course will place particular emphasis on their effect on the UK and EU constitutional and administrative systems.Content will cover the following stages:A brief summary of the background to the creation of the UN Declaration of Human Rights 1948 and the European Convention on Human Rights 1950, with particular emphasis on the role of UK lawyers in drafting some of the key provisions in these documents.An explanation and review of some of the key provisions of the Declaration and Convention.An explanation and review of the key constitutional and administrative institutions which implement the Declaration and Convention.The impact of the Declaration and Convention on the constitutional and administrative systems of the contacting states, with particular emphasis on: (a) the UK and the impact of the Human Rights Act 1998; and (b) the EU and the impact of the EU concept of fundamental rights. This will include a review of some of the most famous and controversial cases that have emerged in the UK in recent years. The subject matter of these cases is as variable and interesting as the issue of human rights itself. Examples include: (i) environmental abuses and protection, (ii) terrorism and security, (iii) the fairness of criminal trials, penalties and extradition laws, (iv) the right to provide and receive free legal services, (iv) the financial rights of shareholders and others that contribute to the operational activities of companies, and (v) the competence of some of the most powerful regulators/investigators in the UK/EU (eg the EU Commission, the Office of Fair Trading, the Financial Conduct Authority, the Department of Business Innovation and Skills, the Crown Prosecution Service and many others).The impact of the Declaration and Convention on other international agreements (eg the World Trade Organisation).Finally, the course will look at the future of the Declaration and the Convention, in particular proposed reforms to the Declaration and the Convention, together with the institutions that underpin them.
LAW 9235. FREEDOM OF RELIGION: AN ANGLO-AMERICAN PERSPECTIVE. 3 Credits.
This course examines the First Amendment's religion clauses by, first, tracing the evolution of church-state relations and religious freedom in Great Britain and the United States. The large majority of colonists in 17th- and 18th-century America emigrated from the British Isles, and their views of religious freedom were shaped by their and their ancestors' experience in the mother countries. To understand the protections for religious freedom enshrined in the First Amendment, we must understand something about, for example, the spread of the Protestant Reformation to England and the ceaseless struggles between Protestant England and Catholic Spain and France that carried over to colonial America.In addition to examining the historical context for the First Amendment's religion clauses, we will also consider how laws governing religious freedom in the United States and Western Europe have diverged. We consider, for example, how European nations have rejected a "strict separation" of church and state, and how that choice may have contributed to the decline of religious observance in those nations. And we consider the how current disputes about religious freedom in the United States and Western Europe differ based on the distinct demographics and religious affiliations of their citizens.Because many historical sites in Great Britain are the setting for events that affected church-state relations?Hampton Court, Canterbury Cathedral, Plymouth?we will provide the opportunity to visit some of these sites during students? stay in London.
LAW 9460. JUDICIAL REVIEW. 2 Credits.
Judicial Review is one of the most popular legal actions in the UK. It is a special legal procedure which allows people or organizations to challenge acts or omission by bodies that are required to provide public services. Examples of the types of bodies that can be subjected to such action are government departments, local authorities, the Police, the armed forces, universities and bodies which regulate the conduct of companies and/or the provision of transport and utility services.<br>Examples of the grounds on which JR claims can be made include human rights, illegality, irrationality and procedural irregularity. As a result, JR actions have touched on some of the most controversial areas in UK law and life including immigration, policing, the fight against terrorism and the right to take your own life, to name but a few.
LAW 9500. THE MASAI, THE MAU MAU AND GUANTANAMO BAY: A STUDY OF GROUND-BREAKING INTERNATIONAL LITIGATION. 1 Credit.
This course offers an exploration of ground-breaking international cases against governments and multinational companies. In each class, we will study a different case, which will provide a unique opportunity to consider how these innovative and revolutionary international cases have not only protected the rights of individuals against corporate and governmental harm but have also been used to obtain redress for powerless victims.
LAW 9510. MISCARRIAGES OF JUSTICE. 1 Credit.
This course will provide an overview of several landmark miscarriage of justice cases in England and Wales and the changes in the law that followed as a result. Studying the ways in which the criminal justice system has failed in the past can prevent future failures. This course will also compare how similar cases would be handled in the United States. The appellate process for both jurisdictions will also be considered and discussed.
LAW 9600. SCIENTIFIC EVIDENCE AND EXPERT TESTIMONY: A US AND UK COMPARISON. 1 Credit.
While science and technology are not necessarily different across borders, the way such evidence is used and presented in court may be quite different. This course will compare the admissibility of scientific evidence, the qualification of expert witnesses and the presentation of expert testimony in the United Kingdom and the United States. During the course we will meet with members of the forensic and legal medicine community and have hands-on demonstrations of forensic examinations. We will meet with a member of the judiciary and will observe expert testimony in court or a coroner?s inquest, if available. We will also discuss future trends in forensic science research and expert testimony arising from the work of the National Commission on Forensic Science and the NIST Organization of Scientific Area Committees in the U.S. and The Royal Society?s ?The Paradigm Shift for U.K Forensic Science? meetings in the U.K. with representatives from the newly established Leverhulme Centre for Forensic Science at the University of Dundee.
LAW 55009. WEALTH INEQUALITY AND LAW. 1 Credit.
The course would explore how the global economic crisis arose and how it led to increasing wealth inequality. The course would include an introduction to what central banks do and their role in the crisis. It would also discuss how central bank policies in response to the crisis have caused increasing wealth inequality. The course would then lead to discussions on what role law may play in addressing this issue. The two articles directly address these issues, and would be the required reading (along with a few short hand-outs).
LAW 55010. INNOVATION AND ECONOMIC CRISIS. 1 Credit.
The course will analyze the different ways in which innovation - technological, legal and political - has served to worsen or alleviate this most recent global economic crisis. In which ways have some policies mirrored approaches taken in the past, and in which ways have they differed? What influence have new technologies had on law and policy, as they relate to socioeconomic issues such as network neutrality and antitrust law, copyright and patent law, income inequality, equal rights and free speech. We will also look at the differing attempts to manage the crisis in different parts of the world, such as Greece or China, and how some jurisdictions have leveraged new technologies to innovate in the realm of policy, such as Iceland's new constitutional project and its outcome.
LAW 55011. THE GLOBAL ECONOMIC CRISIS: A TEST FOR DEMOCRACY IN THE EU. 1 Credit.
The European Union?s response to the global economic crisis offers a focused lens through which to view the issue of democracy in EU law (an issue the recent Brexit vote raised as well). Specifically, the measures the EU government in Brussels proposed and/or took to ameliorate the effects of the crisis have raised questions about the degree of democratic representation in the EU, and about how to structure democratic governance at the meta-state level. In the wake of the crisis, several EU-wide measures ? the Treaty on the European Stability Mechanism, the Fiscal Compact, the guarantees for Greece and the European Stabilization Facility - sparked challenges by individual member states as violating limits on the precedence of EU law over national constitutions and as violating the states? democratic guarantees, such as the requirement that national governments approve loans to other countries. <br>These fiscal and monetary measures raise important questions about the very concept of the EU, such as: How can an integrated body of states with a single government simultaneously guarantee democracy in its member states and also govern? To what degree should EU law take precedence over national law, if at all? Should monetary policy be subject to democratic limitations or be exempt? The course begins by asking what democracy means in the context of the EU: democracy is generally thought of as a characteristic of states and not of international entities, like the EU. What measures have EU Treaties and member states taken to preserve democratic principles, both within individual countries and at the Union level? We will look at some theories of democracy and apply them to the EU government to try to answer these questions. We will then read and analyze cases challenging the EU?s fiscal policies on democratic governance grounds, in particular cases from the German Supreme Court, which has the most developed jurisprudence on the issues. Finally, students will ?negotiate? a treaty of union addressing the issue of democratic guarantees in an international entity consisting of individual states, incorporating the law we have studied in the course.
LAW 55012. PRIVACY, DATA, AND ECONOMICS. 1 Credit.
The course offers comparative observations of the evolving conceptions of privacy in the 21st century through the prism of changing laws and regulations. The course will be conducted as an active learning seminar, where students will have several deliverables to complete during the course as well as a final summative assessment. The course first describes various types of privacy laws in the United States and Europe, including the 4th Amendment to the Constitution, Europe?s "Right to Be Forgotten," the EU Data Protection Directives, and other legislative enactments. The class then reviews some of the more significant advances in technology, such as drones, self-driving cars, and biometric surveillance systems, before focusing on the different aspects of data that can be regulated, such as transparency, confidentiality, portability and security. Then, the course dives deeper into the applicable laws and rules before turning to the impact of these legislative and judicial pronouncements on the global economy and security.<br>This course will be a useful course from many perspectives. It offers a deeper understanding of the crosscurrents underlying the evolving law on privacy and the advances in technology that impact the current laws and rules. It also provides the opportunity to explore the different views of the United States, Europe and elsewhere on privacy matters, as well as the large economic impact these regulations will have on the Internet economy.
LAW 55013. FOUNDATIONS OF NATIONALISM, GLOBALISM, AND HUMAN RIGHTS. 1 Credit.
This course will explore the historical evolution of modern human rights law and the role of that history and theory in current human rights law and global institutions. We will also note how pluralism, globalism, and universal human rights can be in conflict with nationalism and the modern nation state. We will explore how the categories of "humanity" and ?rights? arose in classical thought, and we will trace that development through the Protestant Reformation, the Enlightenment, and the American and French Revolutions. We will then examine how a commitment to universal human rights, globalism, and pluralism became widespread since 1945, and we will study the development of international treaties and covenants and the global and multi-national institutions designed to enforce those rights. Nonetheless, nationalism and ethnic separatism remain strong forces, and over the past few years those forces seem to be on the rise in Europe and North America. <br>We will use the history of Granada and Spain as a case study for these developments. Medieval Spain had a relative degree of tolerance and pluralism among Muslims, Jews, and Christians, but that pluralism disappeared after 1492. From the 16th through the mid-20th century Spain resisted the modern trend toward human rights. After 1978, however, Spain has embraced human rights, pluralism, and democracy. At the same time, however, Spain is home to several ethnic separatist movements, including in the Basque region and in Catalonia. <br>Finally, we will return to the relationship of Christians, Muslims, and Jews, this time in the 21st Century. We will examine terrorism, the refugee crisis, and the impact of these on human rights and pluralism.
LAW 55014. POLITICAL MOVEMENTS IN TAX. 1 Credit.
Globally, especially considering release of the Panama Papers, international tax enforcement by tax authorities continues to increase to stop tax havens, money laundering, and tax evasion. Some methods of enforcement include public shaming, increased reporting requirements, information exchange programs, public awareness campaigns, and heightened penalties. This course will explore the various methods of international tax enforcement by the Internal Revenue Service and other international tax authorities, including the IRS Criminal Investigation Division's new international tax enforcement group, the United States Foreign Account Tax Compliance Act, and the Organization for Economic Cooperation and Development?s (OECD) Common Reporting Standard. Additionally, this course will explore the Agencia Estatal de Administracion Tributaria's (AEAT), the revenue service for Spain, enforcement methods, including examining AEAT's recent public shaming of legendary soccer stars Lionel Messi and Cristiano Ronaldo. No prior tax knowledge is required.
LAW 55015. THE INTERNET, THE LAW, AND POPULIST UPRISINGS. 1 Credit.
The internet and social media have fueled many populist uprisings in the last decade even though the governments of many countries have exerted control over these vehicles of communication. Despite the vast bans on access of websites by Eastern European and Middle-Eastern countries, the taxations schemes placed on users of the internet employed by many Western European countries, and the heavy surveillance of the internet conducted by the United States, internet communications have been credited with spawning the Arab Spring, the US Occupy Movement, Spain?s 15M movement, and Iceland?s Kitchenware Revolution. This proposed course would focus on the various legal avenues governments have used to attempt to curtail internet communications to prevent populist uprisings by focusing on case studies of uprisings in specific countries and the legal recourses citizens of these countries have used to fight these government interventions.
LAW 55016. SOCIAL MOVEMENTS AND THE LAW AND TECHNOLOGY OF FREE SPEECH AND GOVERNMENT SURVEILLANCE. 1 Credit.
The rise of computer and Internet technology is changing both the way that political movements organize collective action and express dissent. It is also changing the way that government actors mobilize their own supporters to achieve political goals, and conduct surveillance on those they deem dangerous. Protestors increasingly use SmartPhone- or computer- applications to organize protests, and use platforms such as YouTube to post videos of perceived government misdeeds. As is evident from many public officials? and candidates? recent use of Twitter, governments also use social media to shape public opinion and to mobilize their own supporters. And apart from using technology to disseminate their own messages, public officials also use technology to monitor ? and, at times, thwart ? communications by those they deem dangerous. They might intercept (and where, necessary, take steps to decrypt) e-mail messages or other Internet communications, use spyware, or use high-tech video surveillance or location tracking to gather information about individuals' public movements. In some countries and contexts, such surveillance methods may be aimed by law enforcement primarily at those planning terrorism or other crimes that threaten lives or property. In others, officials may use them to counter ideologies they see as a threat.<br>This course will explore how legal frameworks ? primarily those rooted in constitutional or statutory law ? shape political movements? use of communications technology, and government responses to such communications (or emulation of it to mobilize their own supporters). It will focus on (1) the extent to which political movements use of Internet or other modern communication technology is protected by First Amendment freedom of speech and association in U.S. law and (2) whether and when government surveillance of such communications is limited by Fourth Amendment protections against "unreasonable government searches" by government limits, or by statutory limits on government surveillance (such as those in the Electronic Communications Privacy Act and the Foreign Intelligence Surveillance Act). Although it will use United States law as the starting point for analysis, the course will also look at decisions by the European Court of Human Rights that apply free speech and privacy protections to emerging technologies.
LAW 55017. THE EU'S GENERAL DATA PROTECTION REGULATION (GDPR). 1 Credit.
The course will explain the requirements of the GDPR, as well as why, although its first Article says that it "lays down rules relating to the protection of natural persons [in the EU] with regard to the processing of personal data and rules relating to the free movement of personal data," the GDPR has great significance for businesses and organizations throughout the world, including the USA.
LAW 55018. GLOBAL LITIGATION: THE AMERICAN PERSPECTIVE. 1 Credit.
American companies and individuals are increasingly involved in international commercial and private disputes. The course, with particular emphasis on European based parties, will focus on five litigation topics: jurisdiction, pretrial matters, alternative dispute resolution settings, choice of law, and international treaties and conventions.
LAW 55019. INTERNATIONAL DATA PRIVACY UNDER THE NEW GDPR. 1 Credit.
This course provides a historical and comparative view of global data privacy ? the right of individuals to control their personal information. While the United States has based its enforcement of data privacy primarily on a contract/breach of promise model enforced by the Federal Trade Commission, the European Union's sweeping new General Data Protection Regulation (GDPR), which took effect in May 2018, has more specific and far-reaching requirements for gathering, using, storing, and sharing information. Students will learn the specifics of the GDPR and its international reach and will study cases like the Cambridge Analytica debacle to understand how technology can both help and harm consumer privacy.
LAW 55020. INTERNATIONAL AND COMPARATIVE COMPETITION LAW. 1 Credit.
Competition Law, called "Antitrust" in the United States, is the legal doctrine concerning monopolies, price fixing, and the damage to competition that can result from large corporate mergers. Few large mergers in the world today are restricted to just one nation. For international business to exist, nations are forced to cooperate in the enforcement of competition laws.<br>This course will consider the competition laws of the United States, the European Union, and China, the world?s most powerful business competition regulators, as well as the competition regimes in other countries. Students will learn about the concepts of soft and hard convergence in international law, how treaties and cooperation agreements work together to create a system of global enforcement of competition laws, and how the United Nations is working to unify all competition regulators.
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 57008. ELDER LAW - GLOBAL AGING. 1 Credit.
Almost 10,000 people in the US are turning 65 every day. This aging of the population is not unique to the US, however. Many countries are facing myriad issues regarding aging populations at all levels of government and society including the use of courts to handle the issues. Some countries have started to look at aging as a human right. The UN is looking at a draft convention now, following up the Convention on the Rights of Persons with Disabilities. The Organization of American States is also considering action regarding the human rights of older persons. This course will cover these developments as well as look at how countries have addressed the issues of aging. This course will look at the issues from both a systemic and practical perspective, including a skills component to teach the students some of the skills necessary to advocate for their elderly clients.
LAW 57011. US POLICING AND INTERNATIONAL HUMAN RIGHTS TRIBUNALS. 1 Credit.
In May 2015, a $5.5 million reparations fund was established for victims of torture by the Chicago Police Department. This was the first fund of this kind in the United States. This course will focus on how community organizations placed pressure on the local and state governments to create the Illinois Torture Inquiry and Relief Commission by using human rights documents and participating in hearings held by the UN Committee Against Torture (CAT) and the UN Committee on the Elimination of Racial Discrimination. <br>Students will be introduced to the basic structure of Human Rights documents and agencies and how nongovernmental organizations, lawyers and community activists can utilize international human rights tribunals to achieve their goals of government accountability.
LAW 57012. FAMILY LAW & INTERNATIONAL TRIBUNALS: THE HAGUE CONVENTION ON CIVIL ASPECTS OF INTL CHILD ABDUCTION. 1 Credit.
This course will explore the promulgation, implementation, and mechanics of the Hague Convention on Civil Aspects of International Child Abduction (Convention). The Convention may be a bilateral and/or multilateral instrument between member states. This course will explore the accession and ratification process to the Convention and the mutual obligations members states have for the enforcement of Convention provisions. From global jurisprudence to individual state jurisprudence, the course will explore the overall effectiveness of the Convention and how individual state parties meet their obligations under the Convention. The course will also examine the specific elements that must be met in every Request for Return Petition. The Convention has created international tribunals for family court proceedings within fairly narrow parameters. It provides an opportunity to critically examine global jurisprudence on civil aspects of international child abduction.
LAW 57013. THE UNITED STATES AND THE INTERNATIONAL COURT OF JUSTICE. 1 Credit.
This course explores the relationship of the United States to the International Court of Justice [ICJ], "the principal judicial organ of the United Nations" based in the Peace Palace in the Hague. Students will study the ICJ?s foundations in the United Nations Charter and the Statute of the International Court of Justice, the role of the United States in creating the ICJ after World War II, and the bases whereby states assent to the jurisdiction of the Court in contentious cases. After briefly sketching the outlines of the eighteen cases in which the U.S. has appeared as applicant or respondent before the ICJ since 1950, we will focus on three foundational ICJ opinions from the late Cold War and post-Cold War eras: the Diplomatic and Consular Staff Case (United States v. Iran, 1980), Military and Paramilitary Activities in Nicaragua (Nicaragua v. United States, 1984 (jurisdiction) and 1986 (merits)), and Avena (Mexico v. United States, 2004). As students study these cases, they will prepare for a substantial oral advocacy exercise on the last day of class involving a complex and realistic hypothetical in which a treaty partner of the United States attempts to enforce U.S. obligations respecting the human rights of foreign nationals detained in the United States as terrorism suspects and allegedly subjected to torture. The experience will allow students to develop perspectives and analytic skill sets required to solve complex legal problems relating to jurisdictional conflicts and transnational enforcement of norms and judgments.
LAW 57014. COMPARATIVE LAW AND RELIGION. 1 Credit.
This course examines, in national, international, and comparative context, the law governing the relationship between religion and the state. We will first explore different theoretical and cultural models of the proper relationship between religion and the state, including the Spanish, German, French, and American paradigms. We will also examine the international law covenants and regional human rights regimes designed to protect religious freedom.<br>After our exploration of the theoretical and legal landscape concerning the relationship between religion and the state, we will turn to a comparative examination of how different legal regimes address specific problems. These problems include the autonomy of religious institutions, the question of financial aid to religion, and the role of religion in education.
LAW 57015. INTL TRIBUNALS &THE LAW OF WAR. 1 Credit.
The international law of war and the use of force are vital issues and are a central part of the docket in three of The Hague?s international tribunals: the International Criminal Court (ICC), International Criminal Tribunal for the former Yugoslavia (ICTY), and International Court of Justice (ICJ).<br>The presence of each of these courts in The Hague confirms the importance of the rule of law among nations and accountability for those who engage in war crimes and crimes against humanity, including the slaughter of civilians. The class will start with a brief history of war crimes tribunals, including the Nuremberg tribunals after World War II. With this history as backdrop, the class will address a basic question: what factors distinguish ordinary crime, where the use of lethal force by state officials requires an immediate threat to life, from armed conflict, in which states have a ?combatant?s privilege? to use lethal force against adversaries? The class will move on to the general principles of the law of armed conflict (LOAC) that inform the work of the ICTY and ICC ? touchstones such as the principle of distinction, which bars the targeting of civilians, and the principle of proportionality, which prohibits incidental or collateral harm to civilians that is ?excessive? in light of the military advantage expected from an attack.<br>The class will then examine responsibility for war crimes ? including controversial theories pioneered by The Hague?s ICTY, such as Joint Criminal Enterprise (JCE), which can result in a finding of guilt for a mere ?cog in the wheel? of the murder of civilians. The legitimacy of international tribunals will also be a subject of class discussion ? do international tribunals from Nuremberg to the present criminalize conduct after its commission, which would violate elementary notions of notice and fairness embodied in international law?s principle of legality (and the U.S. Constitution?s Ex Post Facto Clause)? Has the ICC forfeited its credibility by focusing so much on Africa (some disillusioned observers now call the ICC the "African Criminal Court"), to the arguable detriment of accountability elsewhere? Has the U.S. forfeited credibility by declining to join the ICC, and by enacting the so-called ?Hague Invasion Act,? which authorizes the President to use military force to rescue an entirely hypothetical U.S. person who might in the indeterminate future be detained at the ICC pursuant to war crimes charges? <br>Finally, the class will analyze international law on aggression, now embodied in Articles 2(4) and 51 of the U.N. Charter, which authorize a state to use force only in self-defense in response to an "armed attack." The class will address the meaning of "armed attack" on a state?s territory and in the emerging area of cyberspace. On the use of force and in other aspects of the class, I plan to supplement discussion with visits to the relevant tribunals and guest speakers such as judges and advocates.
LAW 57016. THE WORLD AT STAKE! INTERNATIONAL ENVIRONMENTAL ADJUDICATION AND ARBITRATION. 1 Credit.
Environmental law has rapidly become one of the chief focuses of international adjudication and arbitration. In recent years, for example, international tribunals have: decided that China violated international environmental law by trying to build sovereign islands in the South China Sea, fueling an already tense international controversy; held that Japan in effect lied about its supposedly "scientific" whale-hunting program, in an unprecedented intentional rebuke; and concluded that U.S.-led wildlife concerns might override free trade rules to protect species of international concern, such as dolphins and sea turtles. Meanwhile, the myriad threats of climate change portend complex and expensive international litigation and arbitration. Most of these international environmental law matters are decided in the Hague, either at the International Court of Justice or at the Permanent Court of Arbitration.<br>This course will survey the international litigation and arbitration of environmental law (a natural fit for international law, as the oceans, air, and wildlife do not respect international boundaries!). It will introduce the leading treaties of environmental law, such as the Convention on the Law of the Sea, the Convention on International Trade in Endangered Species, and the International Whaling Convention, and how these treaties mesh and sometimes conflict with other international law principles, such as the rules of the World Trade Organization. In addition, we will focus on a handful of specific matters (such as South China Sea controversy), in which we will discuss both law (including reading original international documents) and professional strategy. The course will use eye-catching images and videos (for example, whale-hunting clips), along with thought-provoking questions of litigation tactics and international diplomacy.
LAW 57017. REPARATIONS IN 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 and the human rights lens of domestic reparation programs.<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, reparations provided by the Iran-U.S. Claims Tribunal, and the reparations that are anticipated 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 focus on domestic reparations program that arise as a result of human rights violations. To cover this topic, I will focus on programs in Hungary, Argentina, and South Africa.
LAW 57018. HUMAN RIGHTS IN INTERNATIONAL FAMILY LAW. 1 Credit.
The purpose of this course is to explore the international legal framework in place to protect human rights primarily within one area, that of family law. The course will look at some of the international organizations, (e.g. the United Nations, the Hague Conference on Private International Law) and treaties (e.g., U.N. Convention on the Rights of the Child), as well as regional organizations (e.g., Council of Europe, EU), instruments that help protect families and children. National courts and institutions and their part will also be examined. The course will emphasize the role played by private international law in protecting families and children cross-border. The intersection of human rights and religion in family law will also be explored, as for example in the area of forced marriage/child marriage.<br>Current initiatives underway at the Hague Conference including in the area of cross-border surrogacy serve as case studies to examine the intersection of private international law and substantive law, public law and private rights, and the ways that private international law can shape and support underlying human rights. We will evaluate how well the existing mechanisms and institutions work to keep pace with the dynamic changes in these areas and protect human rights. The class will also explore the cutting edge developments in the jurisprudence of the Hague Child Abduction Convention and the role of regional European instruments (e.g., European Conv. on Human Rights) to secure human rights; the role of the Hague Child Protection Convention in protecting children crossing borders, refugees, and human trafficking.
LAW 57019. WAR CRIMES & CRTS-MARTIALS. 1 Credit.
This course will examine international law governing both the conventional and the modern battlefield ? jus in bello ? as it applies to military service members and to illegal combatants. The Law of Armed Conflict and the Geneva Conventions form the core of the course, alongside an introduction of the U.S. military justice system through review of the Uniform Code of Military Justice and the Manual for Courts-Martial. A comparison to prosecution through international tribunals such as the International Criminal Court and United Nations tribunals is included, as well as examining ethical concerns through the specific topics of torture, targeted killing, use of drones, and rules of engagement. Current events and historical cases illustrate course content and provide thoughtful opportunities for class discussion and analysis. Students will gain an appreciation for the interaction of the ideals of international law and practical moral dilemmas of engaging in combat.
LAW 57020. INTL CONSUMER & PRIVACY LAW. 1 Credit.
Governments around the world work together and separately to protect consumers from fraudulent, deceptive, and unfair trade practices. Global trade has encouraged countries to endeavor to create some level of consistency in consumer protection and privacy law, which has been promoted by the United Nations, in its Guidelines for Consumer Protection, and ICPEN, which unites consumer protection authorities around the world. While many consider consumer protection and privacy to be a basic human right, lesser developed and developing nations often have enormous disparities in education levels and bargaining power between the manufacturers and sellers of products, and the buyers.<br>This course will consider the evolution of consumer and privacy law from private disputes to public international law and human rights.
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 57022. INTL NEGOTIATION & MEDIATION. 1 Credit.
This will be an in depth discussion of the principles of negotiation and mediation as applied to international issues from the peace accords in North Ireland to the Orange Revolution in the Ukraine to war reparations. It is a study in history and human rights as well as the art of negotiation.
LAW 57023. GLOBAL AGING. 1 Credit.
The world's elder population is growing because of demographic trends and longer lifespans. According to the UN, the world's elder population will grow by 56% over the next 12 years, and will double to 2.1 billion by 2050. Any national or international human rights laws touch upon the needs of elders, but discrimination, abuse, and the medical problems associated with aging often stigmatize and marginalize elders as a unique group. Different nations have addressed these concerns and challenges with some success, but best practices rarely cross international borders. This course will consider aging policy and law around the globe, and the efforts to create a UN Convention on the Rights of Older People.
LAW 57024. COMPARATIVE INTERNATIONAL CRIMINAL LAW & 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 57025. INTERNATIONAL HUMAN RIGHTS & POLICING IN THE U.S.. 1 Credit.
In May 2015, the City of Chicago established a $5.5 million reparations fund for over 100 African American men tortured by Chicago police officers over the course of two decades (between 1973 and 1991). This course will focus on how lawyers with the assistance of community organizations placed pressure on the City of Chicago government to establish Reparations for these torture victims. <br>We will discuss how these legal activists leveraged their participation in international human rights tribunals of the United Nations ?e.g., hearings held by the UN Committee Against Torture (CAT) and the UN Committee on the Elimination of Racial Discrimination (CERD) as well as the InterAmerican Commission on Human Rights -- to successfully pressure the City of Chicago to establish reparations. The reparations included not only a reparations fund, but an educational curriculum for middle and high school students telling the truth about this dark period of Chicago policing history; a monument to the victims of torture; a public apology from the City; and psychological support for the victims and their families. <br>This four day (12.5 hour) class will introduce students to the basic structure of human rights agencies and relevant international treaties. We will also focus on how nongovernmental organizations, lawyers, and community activists can utilize international human rights tribunals and human rights community education to achieve the goals of government accountability around the issue of police violence in the United States.
LAW 57026. JUSTICE ON TRIAL - THE NUREMBERG JUSTICE TRIALS OF 1947. 1 Credit.
Judgment at Nuremberg," the 1961 movie with Spencer Tracy and Burt Lancaster, was riveting but not fanciful. The film is based on the Nuremberg Justice Trial of 1947 before a military tribunal. Sixteen defendants, members of the Reich Ministry of Justice or People?s and Special Courts, faced prosecution for their complicity in enforcing unjust laws against the so-called enemies of the Nazi regime.<br>The student will receive a brief overview of the German civil law system and will examine the judicial system as operated by the Nazis from 1933-1945. The student will become acquainted with the major defendants, the judges, the major prosecutors, and defense lawyers. On reading portions of the court decision and trial transcripts, the student will gain an insight into how a Western European legal system failed the people it was intended to protect. The course is relevant to an understanding of contemporary international tribunals addressing criminal conduct and crimes against humanity.
LAW 57027. THE HUMAN RIGHT TO EDUCATION. 1 Credit.
This course explores the efficacy of international human rights law in the specific context of the human right to education, which has been recognized by various international agreements and national constitutions, including Article 26 of the Universal Declaration of Human Rights. The course examines the current and potential future role of international courts and tribunals in coordinating and enforcing human rights law.
LAW 57028. VIOLENCE AGAINST WOMEN: ARMED CONFLICT, EXPLOITATION, AND SUBJUGATION. 1 Credit.
Women worldwide are victimized by violence and exploitation. Women are trafficked, raped, beaten, exploited, and subjected to femicide in developing and developed countries. Abuse is not limited to insurgencies and organized crime. Actors in all walks of life profit with impunity from the servitude and assault against women. We will examine these issues through the lens of international law and how states fail to live up to their obligations to protect and empower women, prevent crimes against them, and punish perpetrators.
LAW 57029. COMPARATIVE ANALYSIS OF GLOBAL MARIJUANA LAWS. 1 Credit.
Marijuana is one of the most popular drugs in the world and one of the most highly regulated. International laws concerning both medical and recreational use of marijuana are changing rapidly. Many countries have legalized marijuana for medical use and efforts to legalize its recreational use are gaining ground. This emerging area of law and policy brings unprecedented legal issues to the forefront and intersects with so many other areas of the law (business law, tax law etc.). This course takes an in-depth look at the competing approaches to regulating marijuana, the rationales behind these approaches, where legal authority resides for choosing among them, and why understanding marijuana law is a civil rights issue both domestically and abroad.
LAW 57030. INTERNATIONAL HUMAN RIGHTS LAW RESEARCH. 1 Credit.
This course will introduce students to finding international legal materials to answer legal questions in public international law, using ICJ Article 38(1) as a guide for what constitutes international law. The students will be introduced to finding a range of international legal materials, such as treaties (bilateral and multilateral, as well as understanding how to find information about their enforceability and adoption in domestic law) and "soft law" documents from a range of international organizations (like the UN as well as specialized intergovernmental organizations like the WTO and others). We will discuss how to find ?evidence? of customary international law. Students will also learn how and when to find international cases (including those of specialized international tribunals and the ICC). Finally, the course will also introduce students to research in private international law and research in international arbitration.
LAW 57031. INTERNATIONAL ENVIRONMENTAL ADJUDICATION. 1 Credit.
Environmental Law is among the most international of fields: water pollution flows from one country to another, air pollution drifts across continents, and nations seek to protect their wildlife from trade to wealthier countries. While there is an array of international treaties, the stumbling block has always been the difficulty of enforcement. This course will examine how the International Court of Justice (based in the Hague) and other international tribunals enforce environmental law through adjudication and arbitration. It also will offer valuable lessons for understanding principles of international law and strategies of complex litigation.<br>The course will focus on four groundbreaking cases. First, the International Court of Justice recently held that Japan could not continue its whaling hunt in the Antarctic because it violated an international convention; Japan's decision to abide by the ruling shows the potential power of adjudication in international environmental law. We will study the years of legal work and strategy leading to this decision. In addition, will study: the dispute decided by the Permanent Court of Arbitration (also in the Hague) over the building of new islands in the South China Sea; the pioneering matter over U.S. sea turtle regulations, decided by the World Trade Organization; and proposed International Court of Justice litigation over global climate change. Students will read and discuss key excerpts from these trailblazing international law cases.
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 57033. AFRICA AND THE INTERNATIONAL CRIMINAL COURT. 1 Credit.
This course will explore the origins and organizing principles of the International Criminal Court (ICC), and whether those goals have been met with regard to ICC prosecutions of African defendants. The ICC depends on the cooperation of its signatories to the Rome Statute. At times, this cooperation has been compromised and undermined the ability of the ICC to carry out its mission. A unique aspect of the Court, the provision for witness representation, will be incorporated into analyzing the effectiveness and future influence the Court may have on other international tribunals.
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 58000. CLIMATE JUSTICE: U.S. AND INTERNATIONAL DIMENSIONS. 1 Credit.
The regulation of climate change has taken center stage internationally and regionally as the world braces for increasingly more severe impacts from the carbon-intensive global economy. In recent years, adaptation to these impacts has become a primary focus of global efforts to ensure the health and safety of the most vulnerable communities of the world such as the urban and rural poor, low lying island nations, indigenous peoples, and future generations in the face of climate change impacts. Climate justice emerged as part of the global response to these impacts. Climate justice focuses on the disproportionate burden of climate change impacts on the poor and marginalized and seeks to secure a more equitable allocation of the burdens of these impacts at the local, national, and global levels through proactive regulatory initiatives and reactive judicial remedies that draw on international human rights and domestic environmental justice theories. This course addresses climate justice from U.S. and international law perspectives and considers legal responses to promote climate justice in several regions of the world. It also evaluates regulatory obstacles under international law, U.S. law, and foreign domestic law in seeking to promote climate justice on a global scale. Topics will include atmospheric trust litigation, climate change and indigenous peoples, climate refugees and international human rights law, efforts to incorporate climate justice principles into the international climate change treaty negotiations, engaging the private sector to promote climate justice, and climate justice case studies in Florida.
LAW 58001. 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 and will highlight, in particular, the dilemma and predicament of the African Women and the current strategies and interventions to address these. It will increase the understanding of the role and application of International Treaties dealing with the Human Rights in Africa, the Convention on the Elimination of Discrimination Against Women (CEDAW), the International Bill of Rights, local and regional laws like The Protocol to the African Charter on Human and Peoples? Rights, as well as the role of WHO, UNAIDS and other international organizations. The course will highlight the relationship between certain socio cultural acceptances, practices and the African woman?s vulnerability to HIV/AIDS and other infectious diseases, like Ebola and Zika viruses, and the impact of societal and government policies that may exacerbate or institutionalize the marginalization of the African woman. The roles of custom and the law. The course will further explore the pros and cons of the health choices of the African woman in the light of their social and cultural environment and its implications for a better understanding of both the Western and African cultures.
LAW 58002. NELSON MANDELA AND INTERNATIONAL HUMAN RIGHTS. 1 Credit.
This course will examine some of the legal international human rights related documents, looking at them through the lens of Nelson Mandela. Starting with the Universal Declaration of Human Rights, a document that has been stated to have given him inspiration during his incarceration, to the adoption and later ratification by South Africa of the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR). Students will consider the substantive terms of these covenants as well as their procedural application. In studying these documents a focus will be on their role in the life of South African activist and former president Nelson Mandela.
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.
LAW 58005. DIVERSITY ISSUES IN CLIENT COUNSELING/SOUTH AFRICA. 1 Credit.
This one-hour skills course will look at diversity issues in the creation of the client/attorney relationship. An attorney must recognize that he/she has innate biases and expectations. These biases can cause difficulties in determining the client?s needs and objectives because clients have diverse backgrounds and cultures. A skilled attorney must be culturally competent in order to represent a diverse population. This class would combine both the ethics, strategies and skills required in the initial interview and creation of the client/attorney relationship.<br>The course will combine readings and discussion on cultural behaviors which can cause difficulties and misunderstandings at the beginning of the client/attorney relationship. The students will also learn/review the ethical rules that apply to the initial consultation and creation of the attorney relationship. Finally, the course will introduce the interviewing skills required of attorneys. Day One we will discuss cultural competency and the need to understand biases and how those biases might affect the client/attorney relationship. Day Two will be the ethics day, the students will learn/review the Rules of Professional Conduct involved in the creation of the client/attorney relationship, using a hypothetical interview and responder questions. Day Three we will discuss the skills necessary for the initial interview. Day Four all students will perform the initial interview with a new client.
LAW 58006. GENDER AND HUMAN RIGHTS IN THE INTERNATIONAL SYSTEM. 1 Credit.
This course will address the history and legal context of women?s human rights; the UN Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) and its impact; women?s rights and human rights in the international system; specific topics such as property and other economic rights, reproductive rights, and violence against women; and the role of nongovernmental organizations in making CEDAW work for women.
LAW 58007. TECHNOLOGY AND INTERNATIONAL HUMAN RIGHTS. 1 Credit.
This course examines how advances in technology have disrupted conceptions of human rights in Africa and elsewhere. The course first traces some of the major laws protecting human rights and then explores how new technologies have profoundly impacted those protections. The explorations include the role of remote GPS tracking and face recognition in facilitating mass surveillance systems; the role of the Internet in creating opportunities as well as challenges regarding the freedom of speech and elections; the development of the Internet of Things and its transformation of privacy rights; and changes effected by Artificial Intelligence, automation, and Big Data.