Elements of accounting; interpretation of financial statements and audit reports; accounting problems likely to arise in a lawyer’s practice. Designed for students with little or no accounting background. Students with more than six semester hours of accounting courses must seek special permission of the instructor.
Analysis of the administrative process, with an emphasis on the activities of federal regulatory agencies. Topics include legislative delegations of authority to agencies, executive branch controls, rulemaking and adjudicatory procedures, due process rights, and the scope of judicial review of administrative decision making.
Jurisdiction, choice of law, right to navigate, sickness, personal injury, and death of seamen, longshoremen and others in maritime occupations; collisions; government responsibilities related to navigation; maritime salvage; pilotage; maritime liens.
This course will involve an exploration of the history of the American law of adoption, adoption procedures and the fundamental legal principles of adoption, covering cases, statutes and constitutional issues. Topics will include relative, grandparents and step-parent adoption as well as the adoption of children in state custody, private intermediary and agency adoptions, international adoptions, post adoption issues and wrongful adoption. Adoption is an important part of family law practice, with many complex issues that are addressed only superficially in general family law courses. This course will provide a foundation in adoption law for private practitioners as well as for public interest attorneys and child advocacy specialists. In addition, emerging and evolving areas of adoption law will be explored including open adoptions, transracial adoptions, sexual orientation issues in adoption, and adoption by non-traditional families.
This course will examine issues related to the recognition and enforcement of individual rights – both constitutional and statutory. The course readings will center on issues such as racial justice, LGBT rights, feminism, poverty, civil rights and constitutional litigation, enforcement of civil rights by states, and protection of rights by Congress and federal courts. Paper Required. Students can choose one of two formats for their papers: 1. A traditional research paper (in the form of a law review article) or 2. A “skills” paper, in the form of a brief, research memorandum or other legal document, that discusses the course materials in a lawyering context. Professor Hutchinson will determine the specific class requirements at a later date.
Teaches strategies for effective legal research, finding and updating the law, with an emphasis on the structure of American legal bibliography. Covers both manual and electronic research sources in depth. Emphasis on primary and secondary sources of law in federal and state jurisdictions. Among the topics examined will be legislative history, administrative law sources, court rules, citators and topical research materials in Tax, Environmental and International law. Advanced training in LEXIS, WESTLAW, DIALOG and other electronic sources included.
The objective of the course is to give the student a grounding in bankruptcy processes, a strengthened appreciation of the philosophical and policy-based underpinnings of bankruptcy, and a deepened understanding of selected aspects of bankruptcy practice. The course will consist of a number of selected problems of current interest in the practice of bankruptcy and debtor-creditor law.
Students serve as instructors in the first-year Research Writing and Appellate Advocacy course under the direction of the assistant directors of the program. Letter grades are awarded on the basis of writing assignments, instruction and counseling prepared and performed by the student instructors. Enrollment with permission of the assistant directors only. LAW 6954 must be taken in addition to LAW 6953; otherwise, no credit toward graduation will be allowed for LAW 6953.
Continuation of LAW 6953. LAW 6954 must be taken or no credit toward graduation will be allowed for LAW 6953.
Passing grade in Appellate Advocacy (LAW 5793)
Provides in-depth, advanced instruction and practice in persuasive written and oral legal analysis, focusing on appellate advocacy techniques. Builds upon training provided in first-year writing courses. Among topics examined will be appellate brief writing, preservation of appellate issues, appellate standards of review, rhetoric and the canons of logic in the appellate context, and appellate oral argument. Students will be required to prepare at least one appellate brief and to present at least one appellate oral argument.
This course focuses on several different types of torts that rarely involve physical injuries or even property damage. These torts often arise in commercial settings or setting in which the parties are not strangers to one another when the alleged tortious conduct arises. This course is primarily about the torts that sometimes arise when business relationships, such as partnerships, break down, or when competitive behavior is thought to exceed the bounds of what society considers fair or appropriate. The torts contained in this part of the course reflect assumptions about the role and limits of tort law in regulating competitive behavior. This course also includes torts that cause mainly “dignitary harms.” These torts include intentional infliction of emotional distress, defamation, invasion of privacy, false imprisonment, malicious prosecution, and abuse of process. Finally, this course will introduce you to the so-called “constitutional torts,” which allow plaintiffs to vindicate the violation of certain constitutional rights by bringing actions to recover damages against state or federal officials in some instances.
Maximum of 2 credits. Students review and critique performances of trial practice students under the direction of the professor. Credit will be awarded on the basis of written assignments, critiques and other assistance prepared and performed by the student instructor. Enrollment is by permission of the professor only. This course is graded Satisfactory (S) or Unsatisfactory (U).
Corporations or Unincorporated Business Enterprises, or Business Enterprises Survey AND Income Tax
This course is designed for third-year law students interested in a business law practice. It will cover choice of entity, employment agreements, employee benefits/ERISA, covenants not to compete, trade secrets, real estate, finance and tax issues in business formation and development. The focus will be on developing the skills necessary to address these issues in practice. Students will draft business documents as if they are in a law firm dealing with a client, using actual documents from current business deals as examples and case studies.
This survey course is designed to provide job-ready information on a variety of agricultural and natural resource topics related to the practice of agricultural law. The focus of the course is in providing the student with real world information useful in implementing environmentally sound, socially acceptable and economically feasible field decisions involving the production of food, fiber and fuel. Topics addressed include the evolution of agricultural law and policy from its earliest beginnings through the modern farm bills. A sampling of other topics addressed include pesticide use and impact, an overview of key USDA regulatory agencies and key Florida Agricultural Laws of significance to the practitioner. Attorneys engaged in the practice of agricultural and natural resource law as well as subject matter experts will also address such topics as conservation easements, water management district permitting, wetland delineation, organic farming, crop insurance, seed law and litigation and agricultural law practice. Student evaluation will be based on class participation (20%) and the final exam.
Historical introduction to the origins and development of American law, constitutional principles and legal institutions and their influence upon the distribution of social, economic and political power.
An analysis of the legal, economic and policy issues engendered by efforts to prescribe standards of business conduct and preserve competitive market structures under the Sherman Act, Clayton Act, Federal Trade Commission Act and related legislation.
Passing grade in Legal Research and Writing (LAW 5792)
As a continuation of LAW 5792, a factual situation is presented to the student by means of a hypothetical appellate record. The record is the basis for the preparation of an appellate brief and oral arguments. The course is graded on a scale of Satisfactory (S), Honors (S+), or Unsatisfactory (U), and must be completed with a grade of S or better, even if this requirement necessitates repeating the course the following semester.
This seminar course focuses on a broad range of topics involving appellate law and policy of current or ongoing interest in the legal, academic, and political communities including: issues of current debate (such as judicial independence, judicial selection methods, judicial free speech, and judicial ethics); the judicial decision-making process (including opinion writing, judicial strategy); the structure, performance, and reforms of state and federal court systems (such as dividing large appellate courts, adding judges, etc.); and miscellaneous topics such as technology in appellate courts and the media. At least one class will be devoted to litigation in the U.S. Supreme Court including the ACA health care case. Students choose topics on which to write seminar papers and present current events.
This course covers the law governing arbitration from the 1925 enactment of the Federal Arbitration Act through the Supreme Court’s 2011 decision in AT&T Mobility v. Concepcion. The course will focus on how courts treat arbitration, including their enforcement of arbitration agreements, policing of arbitration procedures, and review and enforcement of arbitral awards.
This course is a seminar on the law specially concerning art and cultural property. The focus is broad and international. The topic crosses all fields of law, criminal and civil, domestic and international, contemporary and historical, commercial, administrative, private and public. Students will consider definitions of art and cultural property (real and personal), treaties governing protection of and international movement of cultural property, legal concerns of museums, and special statutes governing works of artists. Students will examine, also, the various types of art transactions as well as local and international regulations governing those. Recurring issues that the class will discuss are artists' rights, the effects of war on cultural goods and monuments, theft and smuggling of cultural goods, and forgery. Readings will be assigned from one text book and supplemental materials, and each student will be required to submit one short paper of publishable quality for a grade. An interest in art is more valuable for this class than knowledge of art history.
This course explores the legal and policy issues surrounding such topics as assisted reproductive technologies, human and embryonic research, medical decision-making, access to health care, public health and infectious disease, and end of life issues.
(effective fall 2012) This course combines much of the existing coverage in both unincorporated business enterprises and corporations into a single course. This combined course will cover the general themes of unincorporated business enterprises (agency, partnership, LLCs, LLPs). It will also cover various issues in corporations(organization and structure of a corporations, financial rights of shareholders, closed corporations, control in publicly held firms, duties or care and loyalty, litigation to enforce directors’ duties, mergers and acquisitions, and the regulation of disclosure, fraud and insider trading).
Corporations (LAW 6063) and Legal Drafting (LAW 6955)
Registration is through an application process, with applications available prior to Advance Registration. This course is designed to enhance each student’s ability to transition from classroom to law office drafting and negotiating table, where a premium is placed on critical thinking, organization, focused advocacy and competent, efficient and effective document drafting and transaction negotiation. Senior attorneys at law firms and corporate legal departments, as well as clients, often complain that recent law school graduates arrive ill-equipped to make meaningful contributions to the (non litigation-related) “business” they are expected to assist with. Although the drafting of documents (in particular, contracts) plays a key role in almost every area of the law, law school courses, course materials and legal writing workshops rarely deal with the “real world” process, tactics and techniques for understanding, drafting and negotiating these documents (or their constituent parts). In this Class, we will seek to (further) develop each student’s organizational, process, analytic, drafting and negotiation skills (i) in the context of issues and challenges – as embodied in business documents and contracts – typically encountered by business and transactional lawyers, and (ii) through the development of skills and the understanding of tools, tactics and resources needed to start and complete drafting projects with confidence and proficiency. This will be accomplished (or, at least, attempted) over the course of 14 class sessions held once weekly, through hands-on instruction, in-class and homework drafting and negotiation exercises and practical pointers, insights and guidance from four adjunct faculty members who are experienced corporate, securities and M&A legal practitioners and who have guided, trained and mentored many junior business lawyers.
This course is about the pragmatic operation of Title IV-D child support establishment, modification, and the steps for enforcement of each of these factors by the Courts. As this is an information, knowledge and skills-based course, it is hoped that students will both learn and appreciate the interconnecting responsibilities that law, the Courts, the public, as well as various Agencies play in trying to assure that all children receive the dignity and support due them.
Covers child abuse and neglect, juvenile justice, adoption and foster care, and discusses education and health entitlements of children and conflicts between parents and children over medical decision-making, religion, schooling and emancipation. Students will engage in exercises involving drafting and oral advocacy in a simulated child protection case.
Juvenile and Pro Se Clinic Prep (LAW 6944)
Credits: 9 (Full-Representation Fall/Spring), 6 (Full-Representation Summer, Juvenile, and Pro Se). Prerequisites for Juvenile and Pro Se sections: Juvenile and Pro Se Clinic Prep (LAW 6944). Not available to students who have taken Criminal Law Clinic (LAW 6942) or Mediation Clinic (LAW 6940). Must have completed 48 semester hours. Students participate in the conduct of civil legal matters under a scheme of systematic supervision combined with substantial related formal instruction. One-third of credits may be awarded on a letter grade basis at the option of the instructor. The remaining credits will be awarded on a Satisfactory (S), Unsatisfactory (U) basis. Enrollment for Full-Representation section is by application prior to advanced registration and is based on the same priority selection as Clinic Prep (see below).
Analysis of a civil lawsuit from commencement through trial, including consideration of jurisdiction, venue, pleading, motions, discovery, and joinder of parties and of claims; right to trial by jury, selection and instruction of jury, respective roles of judge, jury, and lawyer; trial and post-trial motions; judgments.
This seminar will examine procedural and jurisdictional issues raised by the modern class action, the primary device by which courts provide redress for wrongs (such as products liability and securities, civil rights, and antitrust violations) that inflict mass injuries. Topics include notice, certification, settlement, the preclusive effect of judgments, and the Class Action Fairness Act.
Collaborative law is a lawyering model focused on identifying the interests of all parties in a legal dispute and working to problem solve an answer reached by mutual decision rather than by the use of litigation. Through collaborative law, the parties and their attorneys commit to resolve all issues through respectful face-to-face negotiations. The model has been particularly well suited to family law matters, but is being used in many other areas as well. The approach is also compatible with alternative dispute resolution and therapeutic jurisprudence. This course is designed to familiarize studentts with both the theoretical underpinnings and the practical application of collaborative law principles. The course is designed as a skills course to train students in the methods of collaborative law. It is anticipated that in addition to readings and simulations, there will be guest lectures by other professionals integral to the collaborative process, including mental health professionals and financial planners.
An exploration of the similarities and differences in family laws and policies across various national legal systems. We will look at issues such as marriage and divorce, custody of children, adoption and procreation, child and family support policies. We will focus primarily on comparing norms that have developed in the US with those of the countries of the European Union, but will also draw comparisons with child and family law systems in other parts of the world that follow quite different models. We will look as well at selected issues of transnational law, involving families and children with connections to multiple jurisdictions. And we will explore selected international laws and treaties relating to families and children. Family Law or Perspectives on the Family is a prerequisite. There will be a take home exam.
The first part of this course deals with a cross-cultural comparison of law and the legal profession; the second part deals with more specific applications, e.g., comparison of American and foreign case materials.
(Pending University Curriculum Committee Approval) This class shall focus on statutory requirements and practical considerations in the development of condominiums and other homeowner community regimes in Florida, with particular emphasis on community planning and document drafting in today’s real estate environment. That portion of the class shall be presented from the perspective of both a developer and developer’s legal counsel. In addition, the course shall address the role of the community association in operating and governing the community following turnover of control from the developer, with emphasis on current assessment collection and foreclosure issues. Students will have the option of taking this 2 hour/week class for 2 credits, or may opt to receive a 3rd credit by researching and writing a paper on a community development or community association topic (with guidance from the professor), with 1/3rd of the student’s grade being derived from that paper.
Problems arising whenever at least one of the operative facts of the case is connected with a state other than the forum; jurisdiction of courts; enforcement of foreign judgments; federal-state conflicts.
Environmental Law and/or Land Use Law (4th semester or greater); graduate students need instructor approval and referral from affiliate faculty. This course will provide upper level environmental law students and graduate students in related fields with exposure to transactional environmental and land use professional practice, applied research and public policy analysis under the supervision of the instructor/clinic director. It will also enable students to participate in the development of novel approaches to the field application of environmental policies. Students will learn to work within interdisciplinary teams to achieve results that require a collaborative approach from multiple disciplines. Registration is by application prior to advanced registration. Course is graded Satisfactory (S) or Unsatisfactory (U).
Introduction to United States Constitutional Law. Topics include judicial enforcement of the Constitution to preserve individual liberties; judicial review; separation of powers; structure and powers of the federal government; and federalism.
This course is an introduction to and survey of principle statutes and common-law doctrines protecting consumers in the American marketplace. Typical topics covered may include fraud, deceptive practices, product quality, warranties, equal access to credit, Truth-in-Lending law, fair debt collection, and consumer issues in cyberspace.
An introduction to the law and theory of legally enforceable agreements and promises, including elements of contract formation; consideration; effects of non-performance; conditions for relief from or discharge of obligations; and remedies.
Principles of copyright law, including protection of literary, musical, dramatic, visual art, audiovisual, and architectural works, motion pictures, sound recordings, computer programs and other digital and new technological works, and derivative works and compilations; ownership, duration, renewal, and formalities; exclusive rights and limitations; moral rights; infringement actions; fair use and other affirmative defenses; and federal preemption.
This course examines the legal and financial economic aspects of corporate finance. Course coverage includes foundational finance theories, and legal aspects of capital structure (including analysis of debt securities, equities, structured finance, and derivatives). Combined with Corporations, this course is intended to provide students with a rigorous background in the legal and financial aspects of corporate business.
Income Taxation (LAW 6600)
Addresses income tax topics which might be encountered by a general practitioner advising a closely held corporation and its investors. Income tax consequences of transfers of property and services to a corporation, distributions to investors, and corporate liquidations and mergers will be explored. Coverage given to tax treatment of “S Corporations,” an increasingly important choice of entity for small businesses.
Registration priority given to second-year students in their fourth full semester. Consideration of problems in organizing a corporation, disregard of the corporate fiction, control and management, derivative suits, and special problems of the close corporation. May also consider federal regulations controlling insider trading, proxy solicitations, and short-swing profits.
Credit for Debtor-Creditor Law (LAW 6050) precludes additional credit for this course. A study of individual collection of monetary judgments and administration of insolvent estates under the Bankruptcy Code and state law. The non-bankruptcy materials cover execution, attachment, garnishment, proceedings in aid of execution and the liens and priority produced by judicial process. Bankruptcy focuses principally on liquidation proceedings and the trustee’s powers to avoid transfers, with greater attention being given to business workouts when the course is taught for four credits.
Substantive law of crimes, including principles of punishment, elements of typical crimes, complicity, inchoate crime, responsibility and defenses.
Criminal Procedure: Police and Police Practices (LAW 6111), Criminal Procedure: Adversary Systems (LAW 6112), and Trial Advocacy (LAW 6361) or Trial Practice (LAW 6363)
Not available to students who have taken Civil Clinic (LAW 6940) or Mediation Clinic. Must have completed 48 semester hours. Participation in conduct of actual criminal legal matters as an intern supervised by member of a state attorney or public defender’s office. Two of the six credits will be graded, the remaining four awarded on a Satisfactory (S), Unsatisfactory (U) basis. (Summer Criminal Clinic is graded on an S/U basis only.) Enrollment by application prior to pre-registration.
The course will look at the emerging growth of virtual environments and the application of criminal law to activiteis that take place within virtual environments. Some of the issues explored will be regulation of gambling, child pornography, money laundering and other financial fraud. In addition, the class will examine how in the absence of specific laws, communities develop their own informal and informal legal codes. Any registrant in this class MUST have a computer tha can meet the specifications of running the Second Life virtual platform. Specifications for the platform can be found on the website for Second Life, www.secondlife.com
(Pending University Curriculum Committee Approval) The objective of this course is to develop students’ legal skills by guiding them through several of the major steps involved in criminal litigation. Criminal litigation will be offered as a three credit course and will meet once a week for three hours. The students will be divided into prosecutors and defense attorneys. Students will be given an information or indictment charging the defendant with a crime, and describing the factual allegations underlying the charge. The first half of each class session will be devoted to lecture, video presentation, short reading assignments and discussion. The second half of each class will consist of skills development through simulation exercises. A different topic will be covered in each class. Topics will include an overview of the criminal pretrial process, witness interviewing, preliminary hearings, plea bargaining, drafting a motion to suppress evidence, other pre and post trial motions, and how to conduct a suppression hearing. The class will also cover voir dire, writing opening statements, closing arguments, direct and cross-examinations, objections, jury instructions and sentencing hearings. The trial portion of this course will focus specifically on criminal trial strategy and substance, as opposed to the general trial process and technique which is covered in trial practice. By walking through these steps, students will strengthen their knowledge of criminal pretrial procedure, and develop their criminal litigation skills.
The objective of this course is to develop students’ legal skills by guiding them through several of the major steps involved in criminal litigation. Criminal Litigation will be offered as a three credit course and will meet once a week for three hours. The students will be divided into prosecutors and defense attorneys. Students will be given an information or indictment charging the defendant with a crime, and describing the factual allegations underlying the charge. The first half of each class session will be devoted to lecture, video presentations, short reading assignments and discussion. The second half of each class will consist of skills development through simulation exercises. A different topic will be covered in each class. Topics will include an overview of the criminal pretrial process, witness interviewing, preliminary hearings, plea bargaining, drafting a motion to suppress evidence, other pre and post trial motions; and how to conduct a suppression hearing. The class will also cover voir dire, writing opening statements, closing arguments, direct-and-cross-examinations, objections, jury instructions and sentencing hearings. The trial portion of this course will focus specifically on criminal trial strategy and substance, as opposed to the general trial process and technique which is covered in trial practice. By walking through these steps, students will strengthen their knowledge of criminal pretrial procedure, and develop their criminal litigation skills.
Covers commencement of formal criminal proceedings; bail, the decision to prosecute, the grand jury, the preliminary hearing, venue, joinder and severance, and speedy trial. Trial concerns such as guilty pleas, discovery, jury trial, prejudicial publicity, professional ethics and double jeopardy are also considered. Credit for this course precludes credit for Criminal Procedure Survey (LAW 6930).
Police as a social institution, including personnel, bureaucratic structure and incentives. Also covers police practices such as arrest, search, seizure, wiretapping, eavesdropping, use of informers, entrapment, confessions and lineups. Credit for this course precludes credit for Criminal Procedure Survey (LAW 6930).
This course introduces understandings of deep cultural values that are broadly accepted in other disciplines (i.e. cultural anthropology, business, psychology, education, medicine) and applies them to lawyer-client counseling situations; in particular, those situations where the lawyer’s cultural values differ from the client’s.
Cyberlaw will focus on how the First Amendment to the U.S. Constitution applies to rapidly changing technologies of communication. We will explore topics such as jurisdiction, anonymity, privacy, defamation, and public forum doctrine in the cyberlaw context. Students in the seminar will produce a research paper of at least twenty pages analyzing one of these issues in depth. Students will also be graded based on participation in seminar discussions and an oral presentation.
Offers an introduction to issues arising in recent capital punishment cases including methods of execution; the execution on juvenile, mentally retarded, insane, or possibly innocent offenders; the classification of a crime as a capital offense; the role of the jury in assessing aggravating and mitigating circumstances; the impact of race and gender upon sentencing; and the problems of ineffective assistance of counsel and prosecutorial misconduct.
This introductory course will comprehensively explore federal laws designed to protect persons with disabilities from discrimination in employment, government services, public accommodations, education, and housing. In particular, the course will cover: the major components of the Americans with Disabilities Act, including the sections governing employment (Title I), public entities (Title II), and public accommodations (Title III); the Individuals with Disabilities Education Act; and the Fair Housing Amendments Act. The purpose of this course is to introduce students to the major analytical frameworks for conceptualizing the rights of persons with disabilities and to provide students with the background necessary to address problems facing persons with disabilities in legal practice.
This is a substantive law course in domestic violence. It is a 2-credit class, meeting twice a week for two hours each class. The first hour will consist of discussion based on assigned readings. The second hour will include a guest speaker, whenever possible. The course is required for those students doing simultaneous domestic violence externships and is open to others. The book is Domestic Violence Law, 2nd Edition, by Nancy K.D. Lemon, American Casebook Series, West Group, supplemented with relevant Florida cases and supplemental readings. The class will be letter-graded, on the mandatory curve. Grade will be based on a take-home exam consisting of a domestic violence situation that needs to be addressed.
Perspectives on the Family (LAW 6711) or Family Law (LAW 6710)
Income Tax recommended. Covers theories of alimony, child support, and equitable disposition of property at divorce, valuation and distribution of pensions and other complex assets, child support in marital and non-marital contexts, taxation and economic policy, family and work issues, and income supports for poor and working families. Students will complete exercises in applying state family laws and federal tax laws.
This course provides students with an introduction to the law relating to public schools (K-12), including the interplay of the U.S. Constitution, federal statutes, state, and local law. It examines the parameters of public education (public and private, church and state), the right to a public education, the equitable distribution of public educational resources, equal education opportunity, the legal structure of school governance, desegration, sexual harassment, students’ rights to expression, student disciplinary processes, search and seizure in public schools, educating students with disabilities, torts in the educational context, bullying, and the rights of teachers.
An examination of the legal problems of the elderly (not limited to low-income elderly). As a practice area, Elder Law is directed to the intersection of age and various areas of the law, only some of which are age specific as to application. Emphasis will be on elder law planning as opposed to advocacy. Consideration will be given to: ethical issues associated with representing the elderly; end-of-life planning (advance health care directives, designation of health care surrogates, do-not-resuscitate orders, HIPPA waivers); planning for property management(durable powers of attorney, revocable trusts); asset protection planning (Medicaid eligibility, Miller trusts); court-supervised property management(guardianships and conservatorships); government entitlement retirement programs(Social Security), employer-sourced retirement plans, traditional and Roth IRAs; health and long-term care planning (COBRA, long-term care insurance) and entitlement programs (CLASS, Medicare, Medicaid); housing; and elder abuse (Elder Justice Act). No consideration will be given to age (or disability) discrimination in employment or to age-dependent income tax provisions, as those subjects are best suited to treatment in other courses.
Explores how the current information explosion is transforming the civil litigation process and the critical issues which arise in managing data in the civil litigation process. The course will examine developing case law and address the practical problems and issues which arise in the preservation, collection, searching, processing, and production of electronic data. The course will provide an introduction to technologies, tools, and software currently utilized in this rapidly developing specialty area. Course topics will include the varieties and locations of electronically stored data (ESI); computer forensics, data recovery, and its application in the discovery and litigation process; data preservation obligations under the amendments to the Federal Rules of Civil Procedure which went into effect on 12-1-06; the duties and responsibilities of counsel under Rule 26(f); how to prepare for and handle the Rule 26(f) conference; the preservation of attorney-client privilege in voluminous productions; the use of quick-peek and non-waiver provisions; sampling techniques; the role of experts and vendors in the e-discovery process; obtaining electronic data from 3rd parties; safe harbor provisions under Rule 37(f); ethical and disclosure obligations under the new Federal Rules; special data production and preservation issues associated with criminal and governmental investigations; sanctions for spoliation of data and other e-discovery violations; and the authentication and admissibility of electronic data at trial.
This course will explore “search” or information retrieval: the central issue in e-discovery and legal defensibility of the discovery process. The course will explore the varieties of search methodology applied to e-discovery including manual search, key word search, conceptual and cluster search, revolutionary predictive coding and machine learning, and the strengths and weakness of each approach and focus on developing an intermodal legally defensible approach. Students will study case law related to search defensibility and students will engage in hands on exercises and experiments with contemporary advanced search technologies. Students will also design, structure, implement, and supervise the human review of documents identified by the search processes using advanced technologies and actual data. Students successfully completing this course will be able to effectively plan, direct, and execute e-discovery searches, participate in negotiations with the opposition during Rule 26(f) conferences, and handle court hearings regarding search methodologies and analytics. Class participants will also be prepared for and eligible to take the Catalyst User Certification examination at the conclusion of the course, if so desired.
Introduces students to basics of federal pension law, including employee benefit provisions of Internal Revenue Code and labor law portions of ERISA (federal statute governing employer-provided plans). Provides a basic overview of tax principles of deferred compensation and introduction to the tax requirements for qualified pension plans. Also covers the large body of federal case law addressing such issues as ERISA preemption of state law and its impact on employer-provided health benefits, age and sex discrimination in pension benefits, and other issues.
The goal of this course is to introduce the major federal statutes prohibiting workplace discrimination and to develop your ability to analyze employment decisions and workplace conduct under the legal framework created by Congress and the judiciary. Not open to students who have already completed the 2-credit Law 6936 Employment Discrimination Seminar.
This course is an introduction to and survey of principal statutes and common-law doctrines governing the workplace and relationships between employers and employees. Typical topics covered may include the at-will doctrine, developing exceptions to the at-will doctrine, employment discrimination, conditions of employment, aspects of labor law, hiring, firing and other topics.
This course examines the development and use of various energy sources including traditional areas such as oil , natural gas, coal and nuclear. However, particular emphasis will be placed on the development of alternative sources of energy including solar, geo-thermal, wind and biomass and the role of government in encouraging their development. The first part of the seminar will consist of discussion of assigned readings from the casebook and other materials. Students will prepare a research paper on a topic selected by the student with the approval of the instructor and will make an oral presentation of the topic during the final weeks of the course. The paper may be used to satisfy the Senior Writing Requirement. Grades will be based on the following: (1) Hour examination on the assigned readings, (2) classroom discussion (3)oral presentation of research topic and (4) final seminar paper.
Provides an introduction to cutting-edge topics in environmental law. Topics rotate each year and have included climate change; energy law; endangered species protection; water resources protection; and agricultural law (including policies affecting organic and local farms, and animal welfare). Although the course is required for graduation with the ELULP certificate, it is also open to students with no environmental background who would like a broad introduction to environmental policies and challenges. The course meets 7 times during the semester, with short reaction papers required (no final exam).
Natural Resources Law (LAW 6472) or Environmental Law (LAW 6470)
Recommended: Administrative Law (Federal or Florida); an Alternative Dispute Resolution Course. Teaches a variety of traditional and non-traditional dispute resolution techniques and skills that can be used to resolve environmental disputes. To illustrate the utility of various dispute resolution techniques, three primary types of environmental disputes will be used: (1) a challenge to an environmental rule; (2) a challenge to an environmental agency permitting decision; and (3) an enforcement action for an environmental violation. Will explore advantages and disadvantages of dispute resolution practices, including judicial litigation, administrative litigation, mediation, negotiation and legislatively-created dispute resolution techniques. Students will be required to prepare for and participate in two “hands-on” exercises: a mock administrative hearing on a permit challenge and a mock mediation involving an environmental violation, and required to prepare legal documents related to these exercises.
Introduction to modern environmental regulation and its foundations, covering common law precursors to environmental law and a survey of major regulatory issues and techniques, focusing on the Clean Water Act, National Environmental Policy Act, and Comprehensive Environmental Response Compensation and Liability Act, with examples drawn from other statutes such as the Clean Air Act.
Trusts and Estates (LAW 6930) and pre-requisite Taxation of Gratuitous Transfers (LAW 6620)
Recommended: Fiduciary Administration (LAW 6440). Using problems as the primary means of instruction, will explore theories and skills involved in estate planning process. Specific topics include: estate planning engagement; information gathering; estate analysis; identification of client objectives; development of remedial and conventional estate plans; and selection of fiduciaries. Students will complete an exercise in document preparation in a transaction context.
Legal Drafting and Trusts & Estates, Pre-requisite or co-requisite: Taxation of Gratuitous Transfers
This class intends to bridge the gap between estate planning theory and practice. This class will introduce students to the ethical and pragmatic problems related to representing a client appropriately. Through a series of simulations, hypotheticals, and drafting assignments, students will engage in all aspects of preparing a basic estate plan—from the initial client interview to the finalization and execution of the client’s instruments. The students will engage in: drafting retainer letters; consideration of conflicts and other ethical issues; gathering information; drafting of basic wills, trusts, durable power of attorneys, living wills and health care proxies; drafting explanatory letters to clients about such instruments; drafting of crummey and hanging powers, lapses, notices, and waivers; tax apportionment considerations; drafting of pertinent client correspondences; time keeping and billing; and the execution ceremonies of estate planning instruments.
Civil Procedure (LAW 5301)
Registration priority given to second-year students. A study of the law governing the proof of issues of fact before a judicial tribunal. Topics covered may include judicial notice, presumptions, burden of proof, hearsay, relevancy, testimonial proof, demonstrative and scientific proof, documentary proof and privileged communications. Emphasis is placed on the Federal Rules of Evidence.
Maximum of six credits allowed for any combination of externships. Educational field placements, commonly known as externships, give students the opportunity to gain practical experience, enhance working knowledge of the law and develop professional contacts in the field. Students work in selected agencies or organizations focused on a particular legal field.
(Pending University Curriculum Committee Approval) Covers the law of the family, including cases, statutes and constitutional precedents relating to marriage, divorce, non-traditional families, child custody, child and spousal support, adoption and reproductive technologies. Students will complete exercises in negotiation and drafting of documents in a simulated family law transaction.
The focus of this seminar is the development of law and public policy at the federal and state level with respect to families and children. The initial substantive focus of the seminar will be on children’s rights. This implicates a broad range of issues, including constitutional and developmental frameworks, international human rights and the Convention on the Rights of the Child, juvenile justice, reproductive rights of minors, rights of identify for adopted children and children conceived through alternative reproductive technologies, foster care, educational and disability rights, rights of children during conflict and wartime, children as victims of domestic violence and abuse, and consideration of class, race and gender issues (disproportionate minority representation in foster care and juvenile justice; failure to consider girls in the juvenile justice system). The contributions of other disciplines to our understanding of children’s issues are also critical (e.g., child development, psychology, social work, pediatrics, neurology). In addition, I encourage you to become familiar with (and may want to focus on) various organizations and NGOs active in advocating for children or representing successful strategies or programs, at local, state, and national levels that are involved with the subject you choose to write about. Although we will begin by focusing on children, your paper may focus on any aspect of law or policy that affects families. So, for example, this might include definitions of family, the scope of marriage, parental rights and definitions, changing family forms and their implications, domestic violence policy and practice, and the contributions of other disciplines to family (eg, child development, neurology). In other words, the goal of the seminar is to give you an opportunity to seriously reflect upon and consider the relationship and actually functioning of law and public policy with respect to children and families. Your discussions with others as well as your in depth research and analysis of your project topic are vehicles to achieve that goal.
Civil Procedure (LAW 5301)
Recommended: Constitutional Law (LAW 5501) and Constitutional Law II (LAW 6502). Analysis of the federal judicial system and its relationship to the state’s judicial systems, including consideration of the applicable jurisdictional, procedural and substantive law.
This asynchronous distance education course focuses on several major aspects of federal criminal law, including prosecution of public corruption, street crime, and organized crime.
This course is the companion course to Federal Courts. It covers complex issues of federal question jurisdiction, diversity and supplemental jurisdiction, the federal common law (including the use of customary international law as federal law), the Erie Doctrine, abstention, federal law in state courts and the like. The grade will be based on an exam at the end of the term. No paper is required.
Estates and Trusts (LAW 6430)
Problems and the administration of decedents’ estates and of noncommercial trusts, probate procedure, powers of the fiduciary, compensation of fiduciaries and their attorneys.
This course is asynchronous online. Students who have taken the 3 credit course in ACCOUNTING AND FINANCE FOR LAWYERS may NOT take this course.
This course will introduce students to the elements of finance: use of a Financial Calculator, including computation of the Present and Future Value of a Sum, the Present and Future Value of an Annuity, an Amortization, a Sinking Fund, plus the proper statement of an interest rate, including its conversion from a nominal to an effective rate or an annual percentage rate or yield. The course relates Finance and Accounting to practical situations likely to arise in many areas of law, including Family, Tort, Tax, Corporate, Debtor-Creditor, Bankruptcy, Retirement Planning, Estate Planning, Trusts, and Property law.
Constitutional Law (LAW 5501)
Analyzes and criticizes philosophical and legal bases of important contemporary restrictions on freedom of expression. Connections with larger issues of tolerance and related principles of First Amendment law also pursued.
Coverage of Florida Administrative Procedure Act (FAPA), rule-making under the FAPA, decisions affecting substantial interests, enforcement of agency action, judicial review under the FAPA, non-FAPA judicial review, government in the sunshine and public records.
This course surveys procedural law governing the litigation of civil cases in Florida. It explores in greater depth Florida state law counterparts to federal issues such as the judicial branch's control over procedure, personal jurisdiction, subject matter jurisdiction, and liberal pleading and discovery. It also examines the ways in which Florida's procedures differ from those of other jurisdictions and highlights some areas unique to Florida, such as heightened requirements for pleading punitive damages and the awarding of attorney's fees based on offers of judgement.
Analysis of selected provisions of the Florida Constitution, with emphasis on recent decisions of the Florida Supreme Court; analysis of current proposals for constitutional change.
A survey of the Florida Rules of Criminal Procedure. Will familiarize students with the rules, examine the nuances of the rules, explore commonly encountered pitfalls, and study the interplay between the rules and the Florida Statutes.
This course is designed to introduce students to issues they may encounter while practicing land use law as a Florida attorney. Students will read several Florida cases and Attorney General Opinions per semester. However, most of the reading assignments will consist of articles from the Florida Bar’s Environmental and Land Use Law Section Treatise. By focusing most of the reading on selections from the treatise, students will be exposed to a wider range of Florida case law than possible if they had to read each case individually.
Course content varies on special topic each term. See term course descriptions for details.
Course content varies on special topic each term. See term course descriptions for details.
Topics include protection of the family, termination of trusts, classification of possessory and future interests, gifts to classes and the Rule Against Perpetuities.
Discussion of selected legal topics exploring the perspective of women as the subject and object of law. Includes segments focusing on women’s explicit status, or lack of status, in the law, such as legal disabilities of married women and the treatment of domestic violence; the treatment of legal areas historically and currently of particular interest to women due to cultural norms of women’s roles, such as family law, laws governing sexuality and reproductive rights; the use of law to expand women’s rights and redefine women’s roles, such as constitutional equality doctrine and discrimination laws applying to employment and education; and exploration of feminist jurisprudence, questioning whether our very concepts of law, legal rules, legal structure, and legal analysis are defined and shaped by gender.
(Effective Fall 2014) The principal objective is to educate students as to the critical role of legal compliance in conducting international business. Students will gain an understanding of the basic laws and practical guidance on advising business clients. Upon completion, students should know the essential requirements of a successful corporate compliance program.
This course is an introduction to health care law taught by a team of professional health care attorneys. The course will cover, among other subjects: obligations to provide health care (including EMTALA); medical decision-making law; Florida medical consent law, private health insurance, and managed care; Medicare; Medicaid and SCHIP; regulation of health care providers; staff privileges and hospital-physician contracts; antitrust; and fraud and abuse laws.
This seminar will be a survey of the legal structure behind historical and archaeological resources protection in the United States. The first part of the seminar will involve lectures, readings, and discussions of federal preservation laws, including both specific federal laws (e.g. the National Historic Preservation Act and NEPA,) as well as federal programs in support of preservation (e.g. the National Register of Historic Places.) The second part of the seminar will focus on the state and local preservation structure, especially the designation and protection of individual landmarks and historic districts. A final section will consider some of the constitutional issues raised by historic preservation, including takings, due process, and first amendment issues.
Offers a close, analytical study of issues in women’s history and the law by introducing important developments in the law as it pertains to women and women’s status in England and America. Utilizes general and specific historical studies; primary documents such as articles and reports written during the period at issue; legislation and cases from the relevant periods; and legislation, cases and articles of current interest pertaining to the modern development of the relevant topics.
Although Human Rights and Globalization are not usually topics that are discussed at the same time, or even in the same forum, they are ideas that are inextricably intertwined. Globalization, for example, has not had a positive role in reducing the gap between the haves and the have-nots; has not resulted in good jobs for those at the margins; and has contributed to the shrinking social safety nets. Also when the topic of human rights is broached, mostly the focus is on civil and political rights, although the human rights regime includes social, economic and cultural rights as well as solidarity or group rights such as the rights to peace, democracy, a healthy environment, development and the patrimony of humankind. This class will explore the state of economic rights in the wake of globalization. Economic, social and cultural rights are a broad category of human rights guaranteed in international and regional instruments such as the International Covenant on Civil and Political Rights and the Protocol of San Salvador to the Inter-American Convention on Human Rights. These rights are, along with civil and political rights, key for human flourishing. The course will engage the significance, development and desirability of these rights in human existence. Topics to be covered include the rights to and in work, housing, property, culture (including language), food and nutrition, water, education, social security. It also will explore children's rights, indigenous rights, and rights of women in and under development.
The practice of law to a large extent involves working with people, and to practice law well, lawyers must be skilled not only in analyzing facts and rules but also in addressing the human side of legal practice. This course will assist you in developing relational skills and emotional intelligence competencies rooted in empirical social science research. This will help you work with people more efficiently and effectively. The course will increase your self-awareness by helping you recognize your own values, beliefs and attitudes, as such factors can both significantly impact the work you do and the satisfaction you find within it. The course will also consider relatively new legal movements and perspectives (e.g., ADR, therapeutic jurisprudence, and collaborative law) that support the humanization of the law. This is intended to be an interactive course. Along with readings, written assignments and in-class discussions, simulation exercises and student presentations may also be used as vehicles for learning.
Current United States immigration and nationality law, its history and constitutional, statutory and policy perspectives. Topics include administration by Immigration and Naturalization Service; source and scope of congressional power; procedures for entry, exclusion, and deportation; refugee and asylum law; immigration process reform proposals; undocumented migration; and acquisition and loss of citizenship.
Designed to teach the fundamentals of federal income taxation in order to prepare students, as lawyers, to recognize and appreciate income tax consequences of transactions and events they encounter in general practice of law. Students are introduced to essential legal skills of learning to read and understand the language of statutes (the Internal Revenue Code) as well as that of an administrative agency (the Internal Revenue Service) and judicial interpretations of the statutes and agency pronouncements. Students who wish to take additional courses in taxation should consider taking Income Taxation in their second year because it is a prerequisite to all of the other income tax courses.
Income Taxation (LAW 6600)
The general practitioner frequently encounters problems relating to family income tax matters and the use of custodial devices such as trusts, inter vivos or testamentary. This course addresses the income tax consequences of estates, trusts and beneficiaries with a view to minimizing drafting blunders.
Students who enroll in this course may satisfy the Advanced Writing Requirement by designing and completing an independent research project under the supervision of a faculty member in an area of law within the faculty member’s expertise. An abstract of the proposed writing project must be submitted to the Curriculum committee by the end of the sixth week of the semester in which the course is taken. The Curriculum committee must certify the project as worthy of satisfaction of the Advanced Writing Requirement and the supervising faculty member must certify that the final written product satisfies the Advanced Writing Requirement. The course is graded pass/fail and may be taken for one or two credits toward graduation. A student who elects to take this course for two credits must produce twice as much written product as a student seeking only one credit. Credits for this course and the Independent Study course together may not exceed a total of four credits toward graduation.
Maximum credits allowed toward graduation are 4. Open only to students who have completed three terms and who are in good academic standing. An independent research project under the supervision of a faculty member who has a special interest in the area. The student must obtain the consent of the faculty member and agreement on the number of credits to be awarded prior to registering for this course. The project must include per credit reading and writing components at least commensurate with those of a law school seminar, and shall be graded pass/fail in accordance with general law school standards. Independent studies cannot be used to fulfill the seminar requirement. Interested students should obtain an Independent Study Template from Student Affairs Office.
Various forms of policies—such as Fire, Homeowners, Automobile, Health and Accident, Floates; concepts of marketing, claims, processing, and insurance institutions, principles of indemnity, risk transference, reasonable expectancies, and unconscionable advantages.
Intellectual Property Law (LAW 6570), Copyright Law (LAW 6572), Patent Law (LAW 6573), or Trademark Law (LAW 6576)
Overview of issues and strategies in high-tech litigation, including discovery, use of technical experts, alternative dispute resolution, pretrial investigation, settlement negotiations and trial.
Basic intellectual Property course and either Patent Law or Trademark Law
The course will survey key issues concerning confidentiality agreements and patent, copyright and trademark licenses and assignments. The course also covers the preparation of agreements for the formation of business relationships including joint ventures, franchises, and employment. Other topics include software licensing, non-competition agreements, on-line agreements and intellectual property due diligence in business transactions. Advanced topics include antitrust, taxes and international business transactions issues. The course will consist of lectures and class discussions using a case method approach and a review of sample agreements. Students will be required to participate in class discussions. Students are required to submit a written paper addressing an intellectual property licensing topic. Student papers may be used to satisfy the College’s writing requirement.
Intellectual Property Law (LAW 6570), Copyright Law (LAW 6572), Patent Law (LAW 6573), or Trademark Law (LAW 6576)
Overview of issues and strategies in high-tech litigation, including discovery, use of technical experts, alternative dispute resolution, pretrial investigation, settlement negotiations and trial.
Legal problems involved with commercial transactions across borders, transfer of technology, and foreign investment. Explores international documentary sales, letters of credit, bills of lading, international intellectual property, foreign direct investment issues including risk analysis and the decision to invest, transfer pricing, currency controls, company withdrawal, investing in developing nations, nations in transition, and economically integrated areas such as the NAFTA and the EU, and resolution of international commercial and investment disputes.
This course is about international children’s rights. The course explores the concept of childhood itself, what human rights violations children face today and the role that gender plays in determining the life chances of children. This course also considers child migration, more specifically, child trafficking, child labor, child sex trafficking and also considers children in armed conflict. In addition this course considers the movement of children for family reasons, and more specifically, transnational adoption, children who have lost their parents due to AIDS, child refugees and asylum seekers.
A course combining study of the Convention on the International Sale of Goods (CISG) with participation in the International Commercial Arbitration Moot (ICAM) program. The first third of the course is devoted to study of the CISG, at the end of which students will take an examination on the Convention. During the balance of the term, students participate in brief writing and oral arguments based on the ICAM problem for the year. The grade in the course will be determined by the grade on the CISG exam, the brief, and the oral argument. The best oralists, as selected by the professors, become members of the ICAM team and travel to Vienna in the spring to represent the College of Law. That team will prepare the Claimant’s and Respondent’s brief to be submitted to the competition. In doing so, it will rely on the briefs already prepared by the class. Because of the possibility of selection to the ICAM team, this course is open only to students who will be enrolled in both the fall and spring semesters.
This course will study the development of international criminal law, and the development of the institutions where international criminal cases will be heard, such as the International Criminal Tribunals for Yugoslavia and Rwanda and the International Criminal Court. The course will focus entirely on criminal law, meaning both international law regarding serious criminal offenses, such as genocide and crimes against humanity, as well as domestic crime which has international implications.
This seminar will examine laws, executive orders, International agreements, and judicial decisions impacting upon national as well as transnational illicit money transfers especially within the context of terrorism funding. We will review legislation and treaties pertaining to money laundering from the United Nations, United States, and other selected states. We will devote some time to the programs in the United States, including the USA Patriot Act and judicial responses. We will also follow international governmental regulatory maturity post 9/11. The seminar paper will be a minimum of 25 pages and will satisfy the advanced writing requirement.
Introduction to international protection of human rights, including theoretical and practical aspects of human rights law, focusing on international, regional and domestic law contexts. Particular attention is given to procedures that characterize human rights mechanisms for both prescribing and applying human rights precepts.
Intellectual Property Law (LAW 6570), Copyright Law (LAW 6572), Patent Law (LAW 6573), or Trademark Law (LAW 6576)
A survey of the principal multinational agreements relating to intellectual property, including the Berne Convention, the TRIPs Agreement, the Patent Cooperation Treaty, and the Paris and Madrid Conventions; how these agreements affect U.S. domestic law; and some aspects of comparative intellectual property law.
An introduction to international law as applied between nations and in United States courts.
Maximum credits allowed are three; third credit only available to editors. Maximum credits allowed for any combination of co-curricular activities (International Commercial Arbitration Moot, Jessup Moot Court Team, Trial Team, Moot Court, Florida Law Review, Florida Journal of International Law, Journal of Technology Law and Policy and Journal of Law and Public Policy) are four. Research, writing, and editorial work for the Florida Journal of International Law. Limited to students whose scholastic average meets the requirements for international law journal work. Course is graded on a Satisfactory (S), Unsatisfactory (U) basis. NOTE: Students who successfully complete an open writing candidacy for the Florida Journal of International Law, as certified by the faculty adviser, may register for one credit of LAW 6949 retrospectively in term of enrollment next succeeding term in which the candidacy was completed.
Professor Virzo is an Italian law professor whose course here last year was so well received he was invited back to teach again. This course is meant to provide a survey of international law of the sea. It will focus on the legal regime established by both customary international law and the United Nations Convention on the Law of the Sea (UNCLOS). It will cover the legal regime of: internal waters; territorial Sea; international straits and archipelagos; contiguous zone; exclusive economic zone; continental shelf; high seas and the international seabed area. Due attention will be also paid to the management and conservation of living resources (including fisheries), the protection and preservation of marine environment and the settlement of law of the sea disputes. The course aims also to inquire whether, 17 years later the entry into force of UNCLOS, the international law of the sea is changing to take into more and appropriate consideration the new challenges to oceans (i.e. piracy in territorial sea of Somalia and the Gulf of Mexico oil spill case).
The study of international litigation for the resolution of private and public disputes.
This course introduces students to the law of international organizations, including the law that governs their establishment, structures, authority, and responsibilities, their relationships to states and non-state actors, and their law-making and adjudicatory functions. The course will focus also on regional international organizations, including the Organization of American States, Mercosur, European Union, African Union and Economic Community of Western African States. It will examine the role that they may have in the fields of peacekeeping, protection of human rights and economic integration.
The seminar focuses on tax avoidance and abuse in the international context for U.S. persons. Methods that U.S. persons use to reduce U.S. taxes through offshore structuring will be discussed. Actions that have been taken to curb tax avoidance and abuse by both individuals and corporations will be included, as well as legislative proposals to further curtail tax planning. Topics include U.S. citizenship as a basis for taxation, expatriation, corporate inversions, Foreign Account Tax Compliance Act (FATCA), Base Erosion and Profit Shifting (BEPS), and taxation of the digital economy. The student’s grade will be based on seminar participation and a written paper. Income Taxation is a prerequisite; no other tax classes are required to take this seminar.
Legal and policy issues raised by clashes between global rules promoting free trade and domestic efforts to conserve natural resources. The course explores the relationship between World Trade Organization rules reducing trade barriers and environmental treaties such as the Endangered Species Convention that rely on these very trade restrictions to manage resources, as well as efforts by the North American Free Trade Agreement and the Biodiversity Convention to reconcile the two critical public policy objectives. Equips future lawyers with background to advise how business strategies must account for both legal regimes.
This course examines legal issues related to the regulation of international trade under U.S. law and multilateral agreements such as the World Trade Organization and the North American Free Trade Agreement. We will consider the major areas of international trade law affecting imports and exports of goods and services, including tariff classification, customs valuation, rules of origin, countervailing duties, antidumping duties, safeguards, sanitary and phytosanitary measures, technical barriers to trade, and export control. We will also consider certain emerging areas of international trade law and policy, including investor-state relations, trade in services, trade and intellectual property, trade and the environment, and trade and human rights.
Not available to students who have taken or are taking Interviewing, Counseling, and Mediation (LAW 6387); or Interviewing, Counseling, and Negotiation (LAW 6388). An examination of theories and skills involved in interviewing clients and witnesses and counseling clients. Readings, videotapes, role plays, and simulations will be used to develop these theories and skills.
Registration priority for 2L’s. A pre-requisite for Civil Clinics: Gamily Advocacy, Juvenile, and IPVAC. Not available to students who have taken or are taking Interviewing and Counseling (LAW6381). An examination of theories and skills involved in interviewing and counseling clients, and basic negotiation skills. Readings, videotapes, role plays, and simulations will be used.
This course acquaints students with the defining attributes of the legal profession including a code of ethics and assumption of duties to clients, the justice system, and society. Focuses on the evolving nature of legal services, types of law practices, and demographics of the legal profession and the skills required for law practice.
This advanced level seminar is designed to teach students the fundamental issues and concepts of drafting effective agreements for the licensing and transfer of intellectual property ownership and rights. To enroll in this course students must have taken a basic intellectual property course and either patent law or trademark law. Students that have taken a patent law course tend to better understand the cases and materials. The course will survey key issues concerning confidentiality agreements and patent, copyright and trademark licenses and assignments. The course also covers the preparation of agreements for the formation of business relationships including joint ventures, franchises, and employment. Other topics include software licensing, non-competition agreements, on-line agreements and intellectual property due diligence in business transactions. Advanced topics include antitrust, taxes and international business transactions issues. The course will consist of lectures and class discussions using a case method approach and a review of sample agreements. Students will be required to participate in class discussions. Students are required to submit a written paper addressing an intellectual property licensing topic. Student papers may be used to satisfy the College’s writing requirement.
1 per semester. Maximum credits allowed are three. Maximum credits allowed for any combination of co-curricular activities (Jessup Moot Court Team, Trial Team, Moot Court, Florida Law Review, Florida Journal of International Law, Journal of Technology Law and Policy and Journal of Law and Public Policy) are four. The University of Florida’s Jessup Moot Court is the course for which members and potential members of the Jessup team are awarded credit. The team is a co-curricular, competitive arbitration organization that explores issues of public international law and international humanitarian law. The team is run by students with faculty supervision and involvement and collectively drafts competitive briefs and attends national and international competitions. The class functions as an extended tryout, with guidance from the student chair of the Jessup team and from the faculty advisors.The course is graded on a Satisfactory (S), Unsatisfactory (U) basis. NOTE: Students who successfully complete a Moot Court candidacy, as certified by the Moot Court faculty adviser, may register for one credit of LAW 6965 retrospectively in the term of enrollment next succeeding the term in which the candidacy was completed.
1 per semester. Three maximum credits allowed (third credit only available to editors). Maximum credits allowed for any combination of co-curricular activities (Jessup Moot Court Team, Trial Team, Moot Court, Florida Law Review, Florida Journal of International Law, Journal of Technology Law and Policy and Journal of Law and Public Policy) are four. Research, writing, and editorial work for the Journal of Law and Public Policy. Students in good academic standing are eligible to apply during their third or fourth semester. The course will be graded on a Satisfactory (S), Unsatisfactory (U) basis. NOTE: Students who successfully complete an open writing candidacy for JLPP, as certified by the JLPP faculty advisor, may register for one credit of LAW 6526 retrospectively in the term of enrollment next succeeding the term in which the candidacy was completed.
1 per semester. Maximum credits allowed are three; third credit only available to editors. Maximum credits allowed for any combination of co-curricular activities (Jessup Moot Court Team, Trial Team, Moot Court, Florida Law Review, Florida Journal of International Law, Journal of Technology Law and Policy and Journal of Law and Public Policy) are four. Research, writing, and editorial work for the Journal of Technology Law and Policy. Students in good academic standing are eligible to apply during their third or fourth semester. The course will be graded on a Satisfactory (S), Unsatisfactory (U) basis. NOTE: Students who successfully complete an open writing candidacy for JTLP, as certified by the JTLP faculty advisor, may register for one credit of Journal of Technology Law and Policy (LAW 6959) retrospectively in the term of enrollment next succeeding the term in which the candidacy was completed.
A study of the relationship between the practical and theoretical dimensions of law and the legal process. A study of the concepts of law and morality in their historical contexts beginning with Blackstone, Bentham and Austin; comparing the American contributions of Holmes, Llewellyn and Frank; culminating in an intense study of judicial decision-making. The second half of the course undertakes a deeper study of Hart, Fuller and Dworkin in an exploration of a wide variety of issues arising in the relation of law, morality, and society.
This course explores the origins and continuing evolution of the juvenile justice system to address the question, "What do you do when the kid is a criminal and the criminal is a kid?" In addition to examining current laws, procedures, and policies that effect young offenders, we compare the procedure and jurisprudence of the current juvenile court to those of adult criminal court. The course considers models and "best practices" for juvenile justice systems across the 50 states to inform our discussion of the appropriate goals of juvenile court - rehabilitation or punishment. Thus, this course is a course as much about youth policy as about criminal law.
Exploration of the law governing employer-union-employee relations in the private sector. Topics include employee organization, concerted activities, collective bargaining, and administration of agreements, including arbitration.
Property (LAW 5400)
A study of selected legal problems related to developing and financing the development of real property. Both the traditional mortgage arrangement and contemporary alternative financing approaches will be considered.
Property (LAW 5400)
A study of the legal aspects of the allocation and development of land resources; private controls through covenants and easements; public regulation and control through zoning and subdivision regulation; social, economic and political implications of land regulations; eminent domain; selected current problems such as growth management, historic preservation, environmental regulations, and urban development.
This course will cover the life cycle of an entrepreneurial start up business and the legal issues that are involved during the life cycle of a firm-- from the starting point of the creation of the entrepreneurial idea, to the start up of a business (entity choice issues, financial and management rights) to issues of commercialization (contracting, IP rights) through exit (via IPO or private placement). This course will have theoretical, statutory, and common law elements to it to address the interplay of law with the business strategy and planning of founders and venture capitalists. Class sessions will consist of case and statutory analysis, case studies, presentations and group exercises.
This upper-level seminar will address several themes. The overarching focus of the class will consist of the exploration of historical forces that have caused dramatic changes in civil rights law. In order to examine this topic the course will present students with a detailed analysis of constitutional and, to a lesser degree, statutory law concerning discrimination on the basis of race, sex, and sexual orientation. After exhaustively covering the law in these areas, the course will examine literature from social sciences and legal theory in order to understand the historical mechanisms that influenced changes in these areas of law. Rather than teaching these changes in legal norms as inevitable or simply the product of judicial innovation, the course will consider the role that social movements played and continue to play in creating constitutional and legal change. The course will also consider whether courts respond to social movement activity and whether they should do so. The course materials will include cases, statutes, law review articles and readings from historians and social scientists. You do not need advanced training in the social sciences to excel in this course. Instead, you only need an open mind. You also need to read the materials meticulously and seek help from Professor Hutchinson if you have any questions. Also, at times during the semester, Professor Hutchinson will distribute a “Study Guide” to aid you in your comprehension of the readings. The study guides could contain questions, factual points or a mixture of both.
Course considers the application of economic analysis to a variety of areas of law, including contracts, torts, property, criminal law and intellectual property. The appropriateness of economic analysis in these contexts is evaluated in light of behavioral and moral considerations.
This seminar evaluates the development of legal systems in the Americas and includes a comparative analysis. Topics include constitutional and international law, trade and commercial development, alternative dispute resolution mechanism use and development, citizen security and human rights, property rights, and a review of regional judicial reform efforts focusing on efforts to improve access, efficiency and transparency in justice systems as a means to promote democratic consolidation and economic growth. Readings are theoretical and applied and focus on differing legal cultures, distinguishing features of the civil and common law systems, the informal economy and access to property rights, and will utilize current periodicals to follow regional political developments and trade agreement negotiations. The Seminar will require a paper and a presentation on some subject area within the course syllabus.
This course explores the relationship of psychiatry and the law and will cover governmental efforts to deprive the “mentally disabled” of liberty or property through the criminal, civil commitment, and guardianship systems. Key goals include learning when and how mental health experts may participate in the legal process, how to utilize these experts, and how effectively to respond to them. The course will begin with an attempt to define “mental disability” as that term is used for legal purposes. It will then examine the extent to which mental health professionals are able to assist the legal system in answering the questions posed by criminal, commitment, and guardianship law. The remainder of the course will consist of looking at the nature of this law. With respect to the criminal law, we will examine the insanity, diminished capacity, automatism, and justification defenses, the guilty but mentally ill verdict, and capital and “special track” (“sexual psychopath”) sentencing. Analysis of civil commitment will consider the legitimacy of police power and parens patriae confinement, and special commitment statutes governing insanity acquittees, drug and alcohol addicts, prisoners, the mentally retarded, and children. Study of guardianship law will require discussion of the “incompetency” construct, the best interests test, and the right to refuse treatment. We will also examine criminal competencies, including competency to stand trial, to confess, and to be executed. Forensic psychiatrists will be invited to participate in class discussions.
An exploration of the power of the state to regulate sexual morality. The course will cover the constitutional protection of liberty, equality and freedom of speech as applied to the context of sexual identity, orientation and expression. Topics will include restrictions on private consensual sexual behavior and sex-related expression, gays in the military, and same-sex marriage.
Students must complete a class project. Course covers topics such as the law firm as a business, practical skills in the practice of law, expanding practice through client and professional development, and ethical and professionalism responsibilities.
1 credit per semester. Maximum credits allowed are three; third credit only available to editors. Maximum credits allowed for any combination of co-curricular activities (Jessup Moot Court Team, Trial Team, Moot Court, Florida Law Review, Florida Journal of International Law, Journal of Technology Law and Policy and Journal of Law and Public Policy) are four. Research, writing, and editorial work for Florida Law Review. Limited to students whose scholastic average meets the requirements for law review work. The course is graded on a Satisfactory (S), Unsatisfactory (U) basis. NOTE: Students who successfully complete an open writing candidacy for Law Review, as certified by the Law Review faculty adviser, may register for one credit of LAW 6950 retrospectively in the term of enrollment next succeeding the term in which the candidacy was completed.
This jurisprudence seminar deals with a particular and advanced approach to the study and practice of law. It draws on the pioneering jurisprudence of the New Haven School of International Law (but is not limited in scope to international law). The seminar is based on a book I have just completed entitled “Configurative Jurisprudence: the Law, Science, and Policy of Human Dignity.” Central to this seminar is the idea of looking at law—its theory and methods—in a more futuristic way. The central elements are a deliberate focus and exploration of the idea of law in terms of decision and policy (as distinct from rules and principles). We explore these ideas by developing a useable way to contextualize law as a response to the problems that emerge from the give-and-take of social organization. To achieve this, we introduce you to a technique known as ‘contextual mapping.’ With some usable markers, we can eliminate the confusions of effectively understanding legal problems in their appropriate contexts and which problems require authoritative and controlling solutions. Apart from contextual mapping, we use this background to explore the problems of control (power) and authority in law. This permits us to provide a realistic and meaningful theory of the nature of constitutionalism and interpretation. These developments lead us to a careful analysis of the modern theories of justice and the relevance to the practice and operational methods of the law. One final distinctive aspect of the seminar is its in-depth exploration of the architecture of decision making itself. Although directly relevant to law, this has broader implications for management, leadership, and decision. There are no textbook requirements, as I shall be providing electronic excerpts from my book and other sources. You will be graded on class participation and the quality of your final research paper (25+ pages).
Appellate Advocacy (LAW 5793)
This required course must be taken in the second year and be completed with a passing grade. Principles and practice of drafting legal documents, including complaints and responses, contracts, and legislative and quasi-legislative documents.
A study of the antecedents of the Western world’s laws including the evolution of legal institutions and legal thought from primitive societies to the middle ages in Western Europe.
This course introduces students to basic principles of researching statutory and case law at both federal and state levels. Students learn how to locate relevant statutes and case law using both electronic and print formats, including the use of indexes and secondary legal materials such as encyclopedias and treatises.
First half of a two-part course, both required for graduation. Includes emphasis on written legal analysis and preparation of predictive legal memoranda.
Examination of the substantive and procedural law of local governments, including organization, powers, procedure, personnel, and of financing sources, including state and local taxation, special assessments, user fees and borrowing.
Not available to students who have taken or are taking Legal Problems of Mass Communications (LAW 6930). Focuses on bodies of law regulating the gathering and dissemination of information by the media, including constitutional, statutory, and common law. Specific topics covered include defamation and privacy, liability for physical and economic harms caused by the media, copyright, subpoenas and searches, media access to information, and regulation of broadcasting. Special attention given to the problem of regulating new technologies and to adapting first amendment theory to deal with these.
Not available to students who have taken or are taking Interviewing, Counseling, and Mediation (LAW 6387); or Negotiation, Mediation, and Other Dispute Resolution Processes (LAW 6389). An exploration of theories and skills involved in mediation and other dispute resolution processes. Readings, videotapes, role plays, simulations and critical observation of mediations will be used to develop these theories and skills.
Participation in the delivery of actual mediation services under supervision combined with instruction in mediation theory and skills, including short role-plays, longer simulated sessions, and observations of actual mediations. One-third of credits may be awarded on a letter-grade basis at the option of the instructor. The remaining credits will be awarded on a Satisfactory (S), Unsatisfactory (U) basis. Enrollment is done by application prior to advanced registration. Students who have taken civil or criminal clinic are eligible only if seats go unfilled.
Addresses questions related to the tort liability of health care professionals and institutional providers, including issues of negligent medical treatment and failures to secure informed consent from patients and research subjects.
Course considers the many ways our society manages medical technologies (primarily pharmaceuticals and medical devices), including direct federal regulation of research, development and marketing; products liability doctrines affecting manufacturing, design, and labeling; and the impacts of insurance systems and intellectual property regimes on access and innovation.
Corporations (LAW 6063)
(3 Credit Pending University Curriculum Committee Approval.) This course will actively explore each potential phase of merger and/or acquisition transactions with reference to relevant case law, statutes, and the realities of practice. The analysis will commence upon the inception of a transaction and proceed through the governance and regulatory issues, confidentiality agreements, the negotiation and execution of letters of intent, the conduct of due diligence, the negotiation, execution and delivery of stock purchase and/or asset purchase agreements and agreements relating to merger transactions, the preparation of closing documents, the addressing of closing and post closing issues and documentation while considering specific legal and practical scenarios
1 credit per semester. Maximum credits allowed are three. Maximum credits allowed for any combination of co-curricular activities (Jessup Moot Court Team, Trial Team, Moot Court, Florida Law Review, Florida Journal of International Law, Journal of Technology Law and Policy and Journal of Law and Public Policy) are four. Advanced training in appellate practice, including both the briefing and argument of cases on appeal through participation in appellate moot court proceedings. The course is graded on a Satisfactory (S), Unsatisfactory (U) basis. NOTE: Students who successfully complete a Moot Court candidacy, as certified by the Moot Court faculty adviser, may register for one credit of LAW 6951 retrospectively in the term of enrollment next succeeding the term in which the candidacy was completed.
The course provides an introduction to the legal aspect of the management of national security. The course seeks to clarify the national and global implications as well as the goals of a rational security system. It introduces the student to traditional approaches to war prevention. It then proceeds to provide an introduction to the international law of conflict management, focusing on the international methods designed to manage armed conflict. The course also introduces the student to the relevant textual provisions of the UN Charter and related international documentation. The course explores the circumstances under which it is lawful to use force in international relations and explores the definition of aggression. The course explores illustrative examples of armed conflict including the wars in Indo-China, Central America, Grenada, and the Gulf War. The course also explores the problems of UN peacekeeping and peace enforcement, in a multitude of different contexts with a specific focus on Yugoslavia and the war in Iraq. The course also focuses on the problems of human rights in the conduct of war. It introduces the student to the humanitarian law of The Hague in Geneva. The course also touches on the problems of war crimes with a specific focus on the Nuremburg principles and the development of international criminal law in this regards. The course also touches on the problems on the control and regulation of international terrorism, national security and American Security doctrine, Strategic Arms Reduction and Nuclear Weapons and the course introduces the student to the problems of international piracy. The course concludes with an exploration of the national institution framework for the division of the nation’s security powers between Congress and the President. Attention is drawn to such issues as the war powers resolution, access to information and classifications, intelligence and counter-intelligence, fundamentals of homeland security and environmental and national security issues. The course will be evaluated by a single take-home exam.
Introduction to the management and protection of natural resources, including water, wetlands, and wildlife. Topics may include the development of green energy policy; the use of conservation easements to protect sensitive private lands; the public trust doctrine; and the protection of rivers, lakes, and springs.
Not available to students who have taken or are taking Interviewing, Counseling, and Negotiation (LAW 6930); or Negotiation, Mediation and Other Dispute Resolution Processes (LAW 6389). Using simulations and role plays, this course explores negotiation skills lawyers employ in both transactional and dispute resolution contexts.
Not available to students who have taken or are taking Mediation and Other Dispute Resolution Processes (LAW 6383), or Negotiation (LAW 6385). A study of theories and skills involved in negotiation, mediation, and other dispute resolution processes. Student performances in role plays and simulations will be a primary means of instruction.
Income Taxation (LAW 6600)
A general practitioner is likely to encounter many business enterprises (including law firms) engaging in business in the form of a partnership. This course addresses taxation of partnerships and tax consequences of partnership formation or termination, distributions of money or property to partners, and consequences of sale or exchange of a partnership interest or of the death of a partner.
Patent Drafting & Prosecution I provides the student an introduction to each of the basic steps a patent attorney must take from the time an inventor makes first contact through issuance of a patent. Specific practical simulation exercises include receiving the initial invention disclosure, drafting a patent application to disclose and claim the invention, filing of the application in the USPTO, complying with the duty of disclosure (Information Disclosure Statements), and receiving and responding to Office Actions. The basics of U.S. patent law are taught, and appeals and interference proceedings before the Board of Patent Appeals and Interferences (BPAI) are also discussed.
Patent Drafting and Prosecution I, having already passed the Patent Bar Exam, or having some clerking experience drafting patent applications and claims.
The focus of this seminar is two-fold: first, to place significant emphasis on improving the student’s claim drafting skills through extensive in-class exercises; and second, to introduce the student to common activities in the routine practice of a patent attorney beyond application drafting, such as effecting foreign filing of patent applications, licensing of patents and applications, and performing searches and providing written opinions.
Topics to be covered may include structure of the U.S. Patent Act, conditions of patentability, claims drafting, amendment and correction of patents, acts constituting infringement, property and contract interests in patents, and litigation procedures including remedies and defenses.
The study of the laws and regulations governing checks and notes, the collection of checks in the banking system, electronic funds transfers, credit and debit cards, and other evolving payment systems.
Designed to enhance students’ ability to address legal problems of the poor. Introduces some of the major benefits programs, common structures and issues in those programs, and policy debates about the community’s role in addressing problems of poverty. Cases delineating clients’ rights in government programs will be studied. Students will address whether lawyers have a special obligation to represent the poor, and issues that arise in representing disadvantaged populations. Because federal and state statutes governing benefits programs are often unwieldy, students will be given practice in reading and interpreting these statutes.
Evidence (LAW 6330)
Course offers advanced, in-depth study of courtroom litigation at all stages and skills necessary for persuasive trial advocacy. Includes lecture/discussion as well as simulated case proceedings and critical evaluation. In addition to continued work in courtroom advocacy, areas of emphasis will include fact and theme development through the discovery process, pretrial motions, voir dire, trial evidence and record preservation. Graded Satisfactory/Unsatisfactory/ Satisfactory.
An analysis of modern products liability law including policy goals, basis of liability, types of product defects and the role of user and plaintiff fault.
Examines role of the individual lawyer and legal profession in contemporary society. Topics include the role of the lawyer as advocate, counselor, and officer of the court; the ethical and moral obligations lawyers owe their clients, other lawyers, courts, and society as derived from general ethical and moral principles and as embodied in model rules of professional conduct and the Restatement of the Law Governing Lawyers; and problems encountered in representing particular categories of clients, including individuals, corporations, criminal defendants, and indigents, among others.
This asynchronous online course focuses on grammar, punctuation, and style (using law-related materials). The objective is to give students the opportunity to learn to generate text, identify problems in their writing, and to evaluate and edit their writing. Students will read and study related materials and watch online lectures. Students will do weekly exercises in grammar and punctuation to help them learn the principles, plus short writing projects. We will also also discuss usage and (time permitting) rhetoric. It's appropriate both for students who have trouble with writing and for anyone who just wants to refine his or her writing skills. The course is graded S/U.
The acquisition and possession of real and personal property; estates in land; introduction to future interests; landlord and tenant; survey of modern land transactions and methods of title assurance; easements; and licenses, covenants, and rights incident to land ownership.
This course focuses on the ethical expectations of criminal trial lawyers and the unique ethical requirements imposed on prosecutors. Using case studies, students examine how the competing roles of the American prosecutor can create conflict and how prosecutors can perform those competing roles with due regard for ethical concerns.
Addresses the powers and duties of government to assure the conditions for healthy populations and examines tensions between this goal and civil liberties, such as infectious disease surveillance vs. privacy, vaccine requirements vs. conscientious objection, forced treatment/quarantine vs. autonomous medical decisionmaking, and advertising restrictions vs. free expression.
This course examines the interplay between race, crime and the law in the US. There are two interrelated, underlying themes. First, the role of history as context for understanding contemporary laws that govern the criminal justice system. Second, how existing laws, their applications, and justice system practices, could be restructured and re-imagined to further racial justice. Course readings and discussion will examine a variety of topics including legally sanctioned segregation (e.g., slave codes and Jim Crow), racial profiling, jury nullification, hate crime, prosecution, and incarceration. Though the assigned readings primarily focus on the Black/White racial dynamic, the course will also include material on other racial groups, including American Indians, Latino/as, and Asian Americans.
This practice-oriented seminar will expose the participants to a variety of residential and commercial documents used by real estate lawyers, and will require the Students to analyze and draft several types of those documents. Students will also make in-class presentations regarding drafting topics, and will conduct peer reviews of work-in-progress documents. This course is intended for third-year Students who have previously taken at least the basic Real Estate Law and Legal Drafting courses.
Study of real property, including various definitions and the methods of conveyance. Included will be a detailed study of the contracts commonly used in the purchase and sale of real property, legal descriptions used to describe real property, issues and problems common with the water boundaries in Florida, the recording statutes and the legal issues involving priority and the attorney-client relationships and the Rules regulating lawyers in the practice of real estate law.
This course provides students with an introduction to the law of remedies. It emphasizes the important interrelationship between rights and remedies and the remedial consequences of framing a cause of action. Effective litigators need to understand the types of remedies that are available to their clients and how to seek them. It considers five primary topics: injunctions, damages, restitution, declaratory judgments, and contempt. While within those primary topics we discuss practical concepts such as constructive trusts, equitable liens, attorneys’ fees, and pre-judgment interest, we also explore foundational principles that underpin our legal system such as equity, the role of the courts, and the entitlement and measurement of relief.
The law applicable to the sale of goods, including bulk transfers, with emphasis on the legal devices utilized in the distribution of such property.
Selected problems in financing of security interests in personal property, principally under Article Nine of the Uniform Commercial Code. The course addresses the attachment and perfection of security interests, their enforcement and priorities among competing interests.
Corporations (LAW 6063)
Examination of controls and exemptions relating to the sale and distribution of securities by corporations, underwriters and others, including scope of the securities laws, registration provisions, distribution and resale of restricted securities, express and implied civil liabilities, secondary distributions and tender offers. Issues will be analyzed in context of amended 1933/1934 federal statutes, and state Blue Sky laws.
This course will explore how those in the legal profession can work to advance social justice. It will initially examine the meaning of social justice and the variety of structural factors that contribute to inequities in the legal system. It will then explore ways in which legal assistance programs are funded and delivered to low-income and underrepresented individuals; the different substantive legal arenas in which social justice can be pursued; and the diverse ways in which individuals can work for social justice, both in and out of the courtroom.
SPN 3300 or SPN 3350
PREREQUISITES: SPN 3300 or SPN 3350, or an equivalent course approved by the instructor. Open to bilingual students.The course aims at increasing vocabulary through the reading of all manner of texts related to the law, ranging from newspaper coverage of legal issues to actual cases and literary masterpieces. The second goal is to help students get acquainted with the Latin American and Spanish legal systems, emphasizing their differences and similarities as compared to the legal system of the United States. Through lectures, written assignments, in-class exercises, and fieldwork, participants will practice a wide array of skills in Spanish, from reading and writing strategies to oral presentations of substantive legal issues. This class is taught in Spanish.
This synchronous distance course will cover a suite of topics that arise in sports management and the sports agency industry. The course will focus on how different legal principles arise in this context using case law and secondary sources. Students will learn about both the law and the practice of sports law.
This is intended to be a research and writing seminar in which the precise content of the course will vary from year to year depending on the students’ choice of research topics. The first half of the seminar will consist of lectures by outside speakers and discussions led by the instructor based on assigned reading. The second half of the seminar will be devoted to oral presentations of student research topics. In past years, topics have included: NCAA Regulation of Athletes Employment, State and Federal Regulation of Sports Agents, Trademark Licensing Issues, Collective Bargaining and Salary Caps, Gender Equity and Title IX.
The law is increasingly defined by legislative enactments. Legislators, legislative staff, and lobbyists spend much of their time struggling to negotiate and draft statutes, which judges, administrators, and attorneys then spend a significant amount of time attempting to interpret. This course focuses especially on statutory interpretation by courts, but also covers the process of statutory enactment by legislatures and statutory implementation and enforcement by executive branches. The course materials include statutes, appellate decisions, and commentary from the relevant legal and political science literature.
Estates and Trusts (LAW 6430) and Income Taxation (LAW 6600)
In addition to the income tax, taxes are imposed upon the transfer of money or other property by gift, at death, and by certain “generation skipping transfers.” This course explores each of these categories of taxes on gratuitous transfers of wealth, the interrelationships with each other, and their role in estate planning.
This course will cover three of the more significant techniques of managing growth: development exactions, impact fees, and transferable development rights. The course will focus on the history of these techniques, their current use, and the case law that has evolved. Primary attention will be focused on the use of these techniques in Florida, but not to the exclusion of those of other states.
This course closely examines the property clauses of the Constitution and the hotly-contested issues of just compensation, takings, and due process. In recent years, the takings clause of the 5th amendment has become a significant conduit for challenges to environmental and land use regulations. The course examines the history and recent development of the Supreme Court's complex and convoluted doctrine in this area.
The goal of this course is to help students develop certain knowledge, perspectives and skills that will enable them to provide better service to their clients and gain more satisfaction in professional practice, principally negotiation. In particular, the skills developed will provide students the ability to deal better with stress and with emotions and to be calm and clear-minded in situations that typically induce anxiety and confusion. (Another way to say this is that we are seeking to develop Emotional Intelligence.) The course will employ two principal themes or tracks, which we will frequently bring together. Track 1 is negotiation knowledge and skills. Track 2 is awareness tools/skills, which will include Mindfulness (taught primarily through meditation practice) and Chi Kung (Qi Gong) an ancient energy art. Course work will include reading; demonstrations; heavy use of experiential exercises in mindfulness meditation, negotiation, and Chi Kung; journals; and a book review. Grades are based primarily on the book review and an objective examination.
Civil liability for harm caused by wrongful acts that violate non-contractual duties imposed by law. The course covers negligence and other theories of liability as prescribed by the instructor.
Although human rights law and trade law have developed well-established regimes through a series of negotiations on parallel tracks since WWII, there is increasing criticism from a variety of fronts that international trade rules are insensitive to basic human rights and that globalization has done little to alleviate the gap between rich and poor. Must trade and human rights regimes necessarily conflict? This seminar will explore the premises of the trade and human rights debate from the perspectives of both free trade advocates and human rights activists, with the purpose of imparting a better understanding if the rationales for both systems of law and the ways each is attempting to avoid a clash that could have profound impact on the protection of human rights and on the global market. Using actual examples from the 35 nations of the hemisphere, the seminar will examine in depth such human rights policies in the Americas as those involving conscripted child labor, sustainable development, health promotion, equality of women, trafficking, indigenous peoples, poverty, citizenship, and economic sanctions.
This course addresses the law and theory applicable to the protection of confidential and proprietary business information ranging from formulas to customer lists. It includes coverage of trade secret protection and misappropriation in the employment context, such as issues regarding confidentiality and non-competition agreements, and the inevitable disclosure doctrine. Litigation strategies in trade secret misappropriation cases, as well as procedures and requirements for preserving trade secret protection are also covered. Finally, the course touches on relevant comparisons between trade secret law and other forms of intellectual property protection, such as patent law.
Covers trademark law, with some coverage of broader unfair competition and false advertising issues. It is a combination common law/statutory class, and will provide experience in interpreting statutory language against a common law background. Specific trademark issues include nature of trademark rights, violations of trademark rights, defenses, remedies and selected procedural issues that arise in trademark cases. The prosecution of trademark applications is not covered in any detail, but the statutory requirements and benefits of registration are covered.
Evidence (LAW 6330)
Not available to students who have taken Trial Practice (LAW 6363). Registration preference given to sixth-semester students. A study of the trial process, including the law relating to trials, trial tactics and trial techniques. This course will be graded Satisfactory (S), Unsatisfactory (U).
Evidence (LAW 6330) or concurrent
Not available to students who have taken Trial Advocacy (LAW 6361). Registration priority will be given to third-year students. A study of the trial process, including law relating to trials, trial tactics, and trial techniques. The first half consists of classroom work and a weekly three-hour laboratory, involving role-playing and critical evaluation. The second half consists of simulated trials and critical evaluation. Mock trials are usually held on Saturday. Credit will be awarded on a Satisfactory (S), Unsatisfactory (U) basis.
Students selected to participate in an inter-school competition are eligible for two credits in the semester in which the inter-school competition occurs. In all other circumstances, credit will be limited to one credit per semester. Maximum credits allowed are three. Maximum credits allowed for any combination of co-curricular activities (International Commercial Arbitration Moot, Jessup Moot Court Team, Trial Team, Moot Court, Florida Law Review, Florida Journal of International Law, Journal of Technology Law and Policy and Journal of Law and Public Policy) are four. Advanced training in trial practice, including the briefing and presentation of cases in the context of mock trial competitions. The course will be graded Satisfactory (S), Unsatisfactory (U).
Property (LAW 5400)
Registration priority given to second-year students. Topics covered include intestate succession, gifts, execution of wills, creation of trusts, charitable trusts, ademption and lapse, powers and appointment.
A consideration of the various forms of doing business, especially for unincorporated associations. Emphasis is placed upon agency and partnership, with consideration given to other forms of businesses, such as non-profit corporations, professional associations and limited liability companies.
Natural Resources Law
This course will focus on the implementation of policies for the protection and restoration of wetlands and related resources under the public trust doctrine, the Florida Water Resources Act, the Clean Water Act and related federal legislation. Students will learn the legal basis for regulation under these authorities and will gain practical experience working in interdisciplinary teams to determine water boundaries, delineate the landward extent of regulated waters, assess development impacts and evaluate mitigation plans. Additionally, There will be a two hour class each week that will consist of lectures and discussion of a specific topic related to the overall goals of the course and intended to prepare the students for a subsequent field experience. Five full day field trips that will be scheduled on Fridays are integral parts of the course.
Corporations (LAW 6063)
Using the vehicle of federal investigation and prosecution of white-collar crime, this course explores interplay of different fields of law and of legal standards and administrative discretion—features common to many types of transactional practice. Materials considered will be chosen from substantive criminal law, criminal procedure, sentencing, administrative law, evidence, corporate law, and professional responsibility. Topics considered include entity criminal liability, substantive federal crimes (e.g., mail fraud and RICO), grand jury investigations, administrative agency subpoena authority, parallel civil and criminal proceedings, application of the self-incrimination and lawyer-client privileges, federal sentencing guidelines (for individuals and entities) and forfeitures. Considerable attention will be given to Department of Justice policies and strategies utilized by counsel representing witnesses, targets, and defendants.
Rights of employees and duties of employers under modern social programs, including workers’ compensation, wage and hour regulations, Social Security, old age, disability and medical problems and anti-discrimination laws.
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