LAW 3030 ACCOUNTING AND LAW
A study of accounting principles and practices, with special emphasis upon the role of the attorney in accounting matters as they relate to business and tax planning. (o)
LAW 3040 ADMINISTRATIVE LAW
A study of the law concerning the powers & procedures of governmental agencies which affect the rights of private parties. This course satisfies the administrative law requirement. (r)
LAW 3045 ADMINISTRATIVE LAW FOR HEALTH CARE
The focus of the course will be on federal and state administrative laws, regulations and procedures dealing with the health care system. This course meets the Administrative Law Requirement. (r)
LAW 3053 ADMIRALTY
An examination of the leading principles and procedural aspects of admiralty jurisdiction and the maritime law of the United States. (o)
LAW 3054 ADOPTION LAW SEMINAR
This seminar will focus primarily on domestic adoption law and policy and the foster care system within the United States. The course may cover international adoption law and policy to a much lesser extent. There will be a final paper and an in-class presentation required in lieu of a final exam. Family Law is a recommended pre-requisite but not required.
LAW 3055 ADVANCED CIVIL TRIAL SKILLS
An identification and application of the tactics and techniques utilized by America’s leading trial lawyers. Course materials reflect issues and explanations derived from significant trial experiences submitted by litigators from each of the fifty states. Demonstrations and presentations are enhanced by computer and video technology. Pre-requisites: Torts and Evidence. (r)
LAW 3058 ADVANCED COMPARATIVE TORT LAW
This course will focus on recent developments in tort law, with reference to decisions of the Supreme Court of Canada, and comparative discussion of other jurisdictions, including the United States and the United Kingdom. Topics will include: the dute of care, liability of public authorities, punitive damage awards, recovery for economic loss, and the relationship between tort and contract law.
LAW 3065 ADVANCED CORPORATE LAW SEMINAR
A study of recent developments and trends in Corporation Law. Pre-requisite: Business Associations or Corporations. (o)
LAW 3070 ADVANCED CRIMINAL EVIDENCE SEMINAR
This course will permit students to engage in scholarship and to explore the "cutting edge" evidentiary issues involved in criminal prosecutions. Constitutional search and seizure, self-incrimination, confrontation, due process and right to counsel issues, as they impact upon the admissibility of evidence or the development of evidentiary matters at trial will be examined. A research paper and an oral presentation are required. Pre-requisitie: Evidence (o)
LAW 3075 ADVANCED CRIMINAL TRIAL ADVOCACY
This course will focus on trial techniques either not covered in the basic trial practice course, or that involve more advanced techniques. Students actively participate in simulated criminal trial problems covering a broad range of topics. Procedures and techniques used in both federal and state courts are included. While trial techniques are the primary focus, suppression hearings, motions, and other pre-trial procedures that substantially impact on the criminal trial are included. Pre-requisites: Evidence and Trial Practice. (r)
LAW 3083 ADVANCED EMPLOYMENT DISCRIMINATION SEMINAR
A study of the problems of employment discrimination on the basis of race, sex, age, religion, handicap, and other criteria. Pre-requisite: Employment Discrimination is preferred, but not required.(o)
LAW 3085 ADVANCED LEGAL REASONING
Students will receive extensive training in formal logic systems and their counterparts in the less-than-entirely-logical universe of persuasive writing. The course will be taught in lecture format with a heavy emphasis on Socratic method, interaction with students, and critiques of students’ written work product. Other instructional methods will include small-group exercises and collaborative work that will require the students to cooperate and consult one another. (r)
LAW 3090 ADVANCED LEGAL RESEARCH
This course will review the basics and then exhaustively explore topics such as legislative history and interpretation, administrative rules and regulations, looseleaf services and other materials in special subject areas such as taxation, labor law and bankruptcy. On-line computer research will be contrasted with the print sources. Emphasis will be placed on the use of the Florida materials. Legal citation systems will be reviewed. (r)
LAW 3091 ADVANCED LEGAL RESEARCH-TAX
This course will focus on research strategies and resources specific to tax. Online fee and free tax resources will be introduced as well as traditional print materials. Research strategies will be emphasized with a tax specific focus.
LAW 3105 ADVANCED TORT LAW SEMINAR
A study of recent developments and trends in tort law. (o)
LAW 3110 ADVANCED TRIAL EVIDENCE
A study of the methods of cross-examination and impeachment of lay and expert witnesses. Proper methods of making and meeting evidentiary objections are stressed. Students prepare, conduct, and critique examinations. Materials for the course include cases, writings on the subject, and videotaped demonstrations. Classes are conducted by discussion and by simulation. Students will be required to research and write a paper to include the complete cross-examination of an expert witness in a matter of some complexity. This course will not satisfy the writing requirement. Pre-requisite: Trial Advocacy. (r)
LAW 3112 ADVANCED TRIAL SKILLS-APPELLATE RECORD
A short course (one month long) that will look at the trial issues that effect the appellate process. The course will combine lectures with short simulation exercises to train students how to create a record that will withstand appellate review. This course will also look at evaluation of a case for appeal, standards of review and how to create a record of trial court rulings that will permit the appellate court to review those orders, rather then merely affirm them as being within the discretion of the trial court. Pre-requisite: Trial Advocacy
LAW 3115 AGING AND THE LAW
This course is a survey of the variety of issues of law and ethics that face elderly people and their families. This course serves as the introductory course for those students interested in elder law.
LAW 3129 AMERICAN LEGAL HISTORY
An examination of issues and themes of American law from the 18th century to the present with a focus on the development of some areas of classical substantive law, such as Torts and Contracts as well as other areas of substantive law, such as Slavery and Labor. The meaning of American law in the context of American democracy will also be considered. The course will emphasize the relationship between law and society, with attention to how law shapes society and how society shapes law. (r)
LAW 3130 ANTITRUST LAW
A study of the antitrust laws of the United States as they relate to agreements between competitors, monopolization, mergers and restrictive trade practices. (o)
LAW 3132 ANIMAL LAW SEMINAR
This course examines materials relevant to understanding the legal status of animals. It will cover a number of topics related to animal law, including various issues that arise under the laws of property, contracts, and torts. It will also incorporate criminal and consitutional law issues and will consider the evolution of the law's understanding and treatment of animals by examining selected federal and state laws.
LAW 3140 APPELLATE PRACTICE
A study of the appellate process in federal and Florida courts which examines the appellate court as an institution, its history, structure, function, jurisdiction and operating procedures which gives practical experience in appellate litigation skills. The student will be expected to complete several writing assignments which will form the basis of the grade. This course satisfies the skills requirement. (r)
LAW 3145 ARBITRATION
This course covers arbitration and related forms of Alternative Dispute Resolution. Students will study the legal framework including, but not limited to the relevant Florida and federal statutes; the Florida Rules of Court on Arbitration; other Florida and federal court rules (including local rules); and the relevant rules on ethics and professional responsibility. The course will involve students in a variety of practical exercises. This course satisfies the skills requirement. (r)
LAW 3152 BANKRUPTCY
A survey of the rights and remedies of debtors and creditors during bankruptcy proceedings. (r)
LAW 3155 BANKRUPTCY JUDICIAL INTERNSHIP
Student interns are assigned to work with bankruptcy judges in the Middle District of Florida during the semester. Each student is required to work closely with the judge(s) and law clerks performing research and writing assignments with respect to current cases before the court. Students also have the opportunity to attend and observe the courtroom performances of counsel (i.e., motion hearings, mediations, arbitrations, and trials), especially regarding those cases with respect to which they have been assigned work. Student participants are selected based upon demonstrated academic performance and interest in bankruptcy practice. Four credit hours are provided for participation in the fall semester. This is a pass/fail graded course. Pre-requisite: Bankruptcy or Bankruptcy Seminar. (o)
LAW 3156 BANKRUPTCY SEMINAR
This seminar will provide in-depth coverage of various issues in Chapter 11 business reorganizations, such as considerations in filing for Chapter 11 bankruptcy protection, obtaining financing within the bankruptcy, use of pre-petition and post-petition assets, appointment of professionals in the bankruptcy, and filing of and voting on plans of reorganization. This course satisfies the writing requirement.
LAW 3159 BUSINESS ETHICS
An exploration of the evolving notion of professionalism in the context of the role of the lawyer. The foundation of the course will be both ethical reasoning and awareness (beyond the Standards of Professional Responsibility) as well as philosophy of law. (o)
LAW 3162 CHILDREN AND THE LAW
This course covers a broad range of issues touching upon children, including but not limited to: dependency; termination of parental rights; adoption; and disabled children’s rights to government services (under Title II of the ADA) and in education (under Section 504 of the Rehabilitation Act); the IDEA (Individuals with Disabilities Education Act) and related state and federal laws. (o)
LAW 3163 CHINESE LEGAL SYSTEM SEMINAR
This course will probe the entire depth and breadth of the legal system of the People's Republic of China.
LAW 3166 CLIENT SKILLS BOARD
This board is composed of members selected by annual competition. Students develop their skills to compete in various competitions, testing client skills, such as negotiations, mediation and client counseling. The board assists in competition preparation and hosing of competitions, as well as actually competing in various competitions. S/U grade only. (r)
LAW 3190 COMMERCIAL TRANSACTIONS
This is a survey course covering the Uniform Commercial Code as a whole, as well as its relationship to other commercial law. This course will address key elements of Articles 1,2,3,4,5,and 9, and will also address other materials as time permits. The course is intended to give students a broad exposure to commercial law, but in significantly less depth than individual courses in Sales, Leases & Licenses; Payment Systems; and Secured Transactions. This course may not be taken by a student who has taken ALL THREE of the following: Sales, Leases & Licenses; Payment Systems; and Secured Transactions. This course satisfies the code requirement. (r)
LAW 3195 COMMERCIAL TRANSACTIONS SEMINAR
In-depth investigation of selected areas and problems in commercial transactions affected by the Uniform Commercial Code and federal law, including the jurisprudential foundations of the Code and recent commercial law developments in the courts and legislatures. Pre-requisite: Commercial Transactions. Pre-requisite may be waived for students with a strong demonstrated background in business or finance.
LAW 3196 COMPARATIVE COMMERCIAL AND BUSINESS LAW SEMINAR
This course introduces students to cases and materials from many jurisdictions to show both diversity and similarity of business and the law. The course will also familiarize the students with international organizations along with treaties and conventions. The goal of this seminar is to expose students to the way many firms doing business between different jurisdictions of the world are governed and regulated. (r)
LAW 3198 COMPARATIVE CORPORATE LAW
This course is intended to provide an introduction to Latin American Company Law. It will address the most basic differences between the Civil Law applicable in this region to the Law of Corporations and other Business Associations as compared to their Common Law counterparts. Basic issues related to bankruptcy, antitrust regulation and shareholder rights will also be explored.
LAW 3200 COMPARATIVE LEGAL SYSTEMS SEMINAR
This seminar explores the legal history, culture and procedures of the major legal traditions of the world, including comparisons and contrasts of the United States with those of England, European and Latin American Civil Law countries, the Islamic world, China, Japan, Cuba, and other countries as time and students interest indicate. (o)
LAW 3204 COMPLEX LITIGATION
This course is an examination of the unique procedural issues that arise in complex civil litigation. Students will begin with a brief foray into the theoretical underpinnings of the civil procedural rules used in American courts today. They will then expand from this theoretical background to explore complexity encountered by lawyers and litigants at four distinct stages: identification of parties and claims; pretrial discovery and case management; trial and remedy. Particular emphasis will be placed on the practical aspects of the modern class action device, including certification of classes and settlement. Pre-requisite: Civil Procedure. (o)
LAW 3213 CONFLICT OF LAWS
A study of interstate, mulitstate, and international jurisdictional and choice of law considerations and recognition and enforcement of foreign judgments. (r)
LAW 3217 CONSTITUTIONAL LAW II
This course explores the structure and development of the First Amendment freedoms of speech, expression, association, and the clauses regarding regligious freedom.
LAW 3218 CONSTITUTIONAL LAW AND CIVIL RIGHTS MOVEMENT
An interdisciplinary course (or seminar) that examines the judicial decisions and social events which influenced the passage of the 1964 Civil Rights Act and 1965 Voting Rights Act – covering the period from Reconstruction through the 1960’s. The course focuses on both Constitutional decisions (of the U.S. Supreme Court and the Fifth Circuit Court of Appeals) defining the Civil War Amendments, and the relationship between federal and state law and the direct action campaign for civil rights which resulted in the enactment of America’s most important civil rights laws. Following completion of this course (seminar) students are eligible for a one week travel course on the subject. The course and travel experience are described online at http://www.law.stetson.edu/courses/civilrights.htm. This course does not cover Section 1983 Litigation. (o)
LAW 3225 CONSTITUTIONAL LITIGATION (formerly: FED CTS SEC 1983 LIT)
A study of the federal courts with attention given to selected problems such as jurisdiction, justiciability, standing, and abstention. Actions under 42 U.S.C. section 1983 will receive special emphasis. (r)
LAW 3230 CONSTRUCTION LAW
A survey of construction law and practice, emphasizing contract, tort, and warrant concepts. The course will review leading case authorities, contract forms, parties to the construction process, and practice issues. (o)
LAW 3238 CONSUMER PROTECTION LAW
This course is a study of current state and federal law as it applies to the protection of the consumer in the marketplace. This course satisfies the Administrative Law requirement.
LAW 3243 COPYRIGHT LAW
This course provides an overview of the development and nature of copyright law. Topics include the origins of copyrights law, the statutory and commn law evolution, prosecution and maintenance of a portfolio, litigation strategies and issues, and discussion of current topics of interest in the field.
LAW 3245 CORPORATE FINANCE
An examination of the legal, financial, and managerial theory of modern corporate financial structures. (o)
LAW 3246 CORPORATE TAXATION
Tax considerations in corporate formations, distributions, redemptions and liquidations. This is an indepth study of SubChapter C of the Internal Revenue Code. Prerequisite: Federal Income Taxation I. (r)
LAW 3255 CORPORATIONS
A general introduction to the laws governing U.S. corporations. The major focus will be a survey of state and federal laws pertaining to the structuring and operation of business corporations, both closely held and publicly traded. Emphasis will be put on fundamental areas with which all practitioners should have some familiarity including state statutory provisions and selected securities laws.
LAW 3258 CORRECTIONAL LAW
Study of the substantive and procedural law pertaining to the convicted criminal offender, including an examination of federal and state decisions affecting correctional personnel and the penal process.
LAW 3270 CRIMINAL PROCEDURE
An examination of the leading constitutional cases on criminal justice with special emphasis on the fourth, fifth and sixth amendments to the United States Constitution and on the nature and application of due process in relation to the criminal procedure structure. (r) (NOTE: This course is a pre-requisite for the Public Defender Clinic and the Prosecution Clinic.)
LAW 3277 CURRENT TOPICS IN LAW AND MEDICINE
A recurring seminar on health law topics that would be taught jointly by a Stetson Law Faculty member and a USF Medical Faculty member with the class comprised of both medical and law students. Topics covered in this course will vary from time to time, reflecting in part the interest of participating faculty. Illustrative topics likely to be covered regularly include: Medial malpractice - an inter-displinary approach; Current Issues in Pharmaceutical Liability; and The Rights of the Modern Patient.
LAW 3279 CYBERLAW SEMINAR
The Internet has changed the way we work and live, presenting us with a wide variety of legal issues that can be characterized as "Cyberlaw." This seminar will focus on who regulates the Internet; speech and the Internet; copyright and trademarks and the Internet; privacy and the Internet; jurisdiction and the Internet; and network acess, ownership and the private ordering of the Internet.
LAW 3280 DEATH PENALTY SEMINAR
This course is a survey of capital punishment law with emphasis on Florida. (o)
LAW 3282 DEFAMATION, PRIVACY AND OTHER ISSUES SEMINAR
This course will focus on tort subjects which relate to intangible harm other than business torts. Topics examined will include defamation, the rights of privacy and publicity, interference with common law civil rights and harm to family relationships. The course will include an examination of the law of the United States and common law jurisdictions outside the United States. In addition to the classroom discussion of assigned casebook materials, students will engage in research and will complete a seminar paper on a topic mutually agreed upon by the student and the professor. Students will also be responsible for an oral presentation of their preliminary draft in a classroom setting.
LAW 3285 DELAWARE'S INFLUENCE ON CORP. LAW
This one-credit hour course will give students an in-depth understanding of ten of the most important Delaware corporation law cases. Taught by the Honorable Andrew G.T.Moore, former Justice of the Delaware Supreme Court, and Professor Clark Furlow, each class will be devoted to one case. Students will learn why the case is important, how it changed or solidified a particular area of the law, and where it fits in the overall body of Delaware corporation law. There will be a one-hour exam at the end of the course.
LAW 3291 DIRECTED RESEARCH (1-2 credits)
Research leading to the writing of a series of short papers, reflecting substantial effort, on various aspects of a single legal subject. Upon approval of the research, the student must register for credit with the Registrar's Office at the beginning of the semester in which the research is to be undertaken. This course does NOT satisfy the writing requirement. S/U grade only.
LAW 3296 DISABILITY LAW
Disability Law takes a civil rights approach to studying laws relating to individuals with disabilities. To that end, the course examines American law that protects individuals with disabilities in the areas of employment, public accommodations (i.e., privately operated facilities open to the public), governmental services and programs, education (K-12), higher education, and housing. Students will study the Americans with Disabilities Act, Rehabilitation Act, Individuals with Disabilities Education Act, Family and Medical Leave Act, and Fair Housing Act.
LAW 3310 EDUCATION LAW
In this 3-credit course, we will examine current legal problems of elementary/secondary education in both public and private schools. Primary emphasis will be on public elementary/secondary education. Topics to be discussed include the state's constitutional power over education, the authority of state and local school boards through which the state provides and regulates education, compulsory education, state regulation of private schools, home schooling, school voucher programs, curriculum control, hiring and terminating teachers, disciplining students, student and teacher freedom of expression, religious activities in public schools, desegration, sexual harassment of students, students with disabilities, allocation of educational resources among school districts, and the federal government's role in education. As we study these topics, we will also consider broader themes such as "local control" of education, the prerogatives of parents, the relationships between law and policy, the varying conceptions of equal educational opportunity, and the competence of courts to resolve education problems.
LAW 3315 ELDER LAW INTERNSHIP
Students will be placed with several of the agencies in the Tampa Bay area, including the State Attorney General’s office, the State Long-Term Care Ombudsman, the Guardianship Hearing Master (Hillsborough or Pinellas) and the State Attorney’s office. In addition to the hours at the assigned placements, students produce 25 pages of research and maintain journals.
LAW 3320 ELDER LAW SEMINAR
This seminar exposes students to a variety of legal topics that impact the elderly. (o)
LAW 3327 EMPLOYEE BENEFIT LITIGATION SKILLS
This course is designed to develop practical skills related to litigating claims for employee benefits (i.e. group disability, health and life insurance, pensions, and 401K plans). These types of claims are encountered in general civil, disability, family law, personal injury and other types of practices on a regular basis. The goal of the course is to provide the students with a foundation which will allow them to immediately litigate these types of claims upon entering the practice of law.
LAW 3330 EMPLOYEE BENEFITS
A study of the law of employee benefits (including pensions and health, disability and life insurance benefits), reviewing substantive law, the relationship between the Employee Retirement Income Security Act (ERISA) and other substantive areas, and the practice and procedure of employee benefits litigation. The course will explore fast-changing areas such as ERISA preemption, recent developments in health and disability benefits litigation, discrimination, the problems of contingent workers, and special ethical issues arising in employee benefits practice. (r)
LAW 3333 EMPLOYMENT DISCRIMINATION
This course examines federal statutes prohibiting discrimination in employment on the basis of race, color, national origin, sex, age, religion, or disability. The course focuses on the policy, theory and analytical framework of Title VII of the 1964 Civil Rights Act, The Age Discrimination in Employment Act, and The Americans With Disabilities Act, and the role of the federal Equal Employment Opportunity Commission, including principles of judicial deference. This course satisfies the Administrative Law requirement. (r)
LAW 3334 EMPLOYMENT LAW
This course surveys the law regulating the fundamentals of the employee-employer relationship and examines a variety of public policy questions relating to employment standards regulation. The subjects covered may include the common-law doctrine of at-will employment and the development of contract and tort exceptions to that doctrine; statutory efforts to protect employees from wrongful discharge; the law of work-related invasions of privacy (e.g., drug-testing, genetic screening, polygraphs, etc.); legal protection of employees from abusive treatment (e.g., sexual harassment and other forms of outrageous conduct); the legal duties owed by employees to their employers (loyalty, non-disclosure of trade secrets, covenants not to compete, etc.); the regulation of employment compensation (e.g., Fair Labor Standards Act, prevailing wage laws); and the regulation of workplace health and safety (e.g., Occupational Safety and Health Act). This course may also cover the Worker Adjustment and Retraining Notification Act and the Family Medical Leave Act. This course does not cover questions of unionization (covered in Labor Law) and provides only a superficial overview of employment discrimination law (covered comprehensively in Employment Discrimination). (r)
LAW 3336 END OF LIFE ISSUES SEMINAR
This seminar reviews the development of the issue of the “right” to die and reviews how courts, legislatures, Congress, health care providers and regulators have responded to this issue. The legal, societal, regulatory, religious, and ethical issues will be discussed. (o)
LAW 3337 ENTERTAINMENT LAW
This course provides a concentrated review of the areas of law most often involved in entertainment litigation, including: artistic control, credit and attributions, compensation, scope of rights, warranties and indemnities. This course includes an overview of the structure of the U.S. entertainment industry as well as an examination of a variety of industry agreements. (r)
LAW 3339 ENVIRONMENTAL HAZARDS ASSOCIATED WITH REAL PROPERTY
This course will examine legal issues arising from hazardous conditions in real property, including liability for contaminated soil and groundwater; the duty to report contamination; Florida's petroleum and dry cleaning programs; use of Brownfields incentives in the redevelopment of property; asbestos and lead regulations; control and disposal of hazardous wastes; risk allocation by contract or insurance; due diligence investigations; and enforcement issues.
LAW 3340 ENVIRONMENTAL LAW
An introduction to the common law and statutory basis for protection of natural resources and abatement of pollution. This course satisfies the administrative law requirement. (r)
LAW 3342 ENVIRONMENTAL LAW INTERNSHIP
Students work on environmental and land use issues under the direct supervision of government attorneys. Placements include the National Oceanic and Atmospheric Administration, the Hillsborough County Environmental Protection Commission, and The Ocean Conservancy.(r)
LAW 3350 EQUAL EMPLOYMENT OPPORTUNITY INTERNSHIP
Students are placed in the Tampa Regional Office of the U.S. Equal Employment Opportunity Commission, a fedeal agency created by Congress to enforce Title VII of the Civil Rights Act of 1964, as amended, the Pregnancy Discrimination Act, and the Americans with Disabilities Act. Students are assigned actual cases, beginning with client intake and proceeding through investigation, including interaction with the employer, witnesses, etc., review of documents, and determination of cause/no cause. (r)
LAW 3390 ESTATE PLANNING
A course emphasizing the income, estate, and gift tax consequences of various dispositive schemes, the settlement of life insurance proceeds and employee death benefits, and the disposition of business benefits, with a survey of the donative arrangements for the disposition of property, including inter vivos transfers and wills. Pre-requisite: Trusts & Estates or Survey of Florida Probate
LAW 3395 EUROPEAN UNION BUSINESS LAW
Students will study the EU legal regime as it regulates the free movement of goods and services, workers, persons, and capital. Special emphasis will be placed on doing business in the EU from the perspective of the United States businesses and law firms. This course meets the LL.M. degree requirement. (o)
LAW 3396 EUROPEAN UNION LAW
This course will focus on the constitutional/administrative law of the European Union (EU). Students will study the history of the EU, the treaties underpinning the EU, the institutional structure of the EU, the Law-making procedures of the EU, enforcement of and challenges to the law of the EU, and the protection of human rights under EU law. (o)
LAW 3412 FAMILY LAW (formerly: DOMESTIC RELATIONS)
A study of the problems, policies and law related to marriage, divorce and child custody. (r)
LAW 3413 FAMILY LAW LITIGATION
A survey of the trial of a family law case including basic Florida Family Law; preparation of pleadings and trial of a family dispute. Prerequisites: Evidence and Trial Advocacy. Family Law is preferred, but not required.
LAW 3414 FAMILY LAW MEDIATION
This course will explore the kinds of conflicts faced by families of all types. Intra-family conflict in many of its forms will be discussed (emotional, social, in addition to legal). Both theoretical and practical aspects will be considered. Through both readings and practical application, the class will take an interdisciplinary approach to resolving family conflicts through mediation. Students will be involved in a variety of practical exercises and participate through a variety of roles (as lawyers, clients, and mediators/neutrals). This is a graded course. Family Law is recommended as a pre-requisite, but not required.
LAW 3420 FAMILY LAW SEMINAR
An examiniaton of the legal principles and social policies governing the family. Pre-requisite: Family Law
LAW 3425 FAMOUS TRIALS SEMINAR
This seminar is designed to help sudents learn effective trial skills through analyzing some of the famous trials in American history. The class will proceed through the different stages of the trial beginning with witness preparation, dealing with and effectively using pretrial publicity, jury selection in a high profile case; opening statement; direct examination; cross examination; and closing arguments. The students will both read the transcripts and background of the trials, discuss the effective techniques, analyze the reasons why the attorney may have handled the case a certain way and attempt to draft improved techniques.
LAW 3430 FEDERAL COURTS AND THE FEDERAL SYSTEM
This course focuses on the federal judicial system, its powers under the Constitition and its relationship to other decision-makers, including Congress and state courts. Some of the topics that will be surveyed are justicability of "cases or controversies," the power of Congress to control federal court jurisdiction, federal question jurisdiction, sovereign immunity, abstention doctrines and the scope and limitations on Supreme Court review of various decisions. (o)
LAW 3440 FEDERAL CRIMINAL LAW SEMINAR
This seminar examines the sources and limitations upon federal criminal law, and surveys substantive federal provisions with particular focus on RICO, mail fraud, drug enforcement, money laundering, and false statements. The course will also include current issues in federal criminal law such as federal/state allocation of jurisdiction, the Posse Comitatus Act, and the extraterritorial application of United States criminal laws. (o)
LAW 3445 FEDERAL GOVERNMENT LITIGATION INTERNSHIP
Students work under the direct supervision of government attorneys from the U.S. Department of Justice and the Department of Veterans' Affairs as well as under the supervision of one or more full-time faculty members. Students gain experience in document drafting, preparation of pleadings and motions with legal memoranda, preparation of agency litigation reports, review of hearing transcripts, fact witness and expert witness interviews, affidavit preparation, and case strategy decision-making. S/U grade only. (r)
LAW 3449 FEDERAL INCOME TAXATION I
An introduction to the basic principles underlying the federal income tax system. (r)
LAW 3450 FEDERAL INCOME TAXATION II
An in-depth examination of capital transactions analyzing the concepts of capital gains and losses and the consequences of such characterization. Depreciation, recapture, installment sales, at-risk rules, and non-recognition provisions also are discussed. Pre-requisite: Federal Income Taxation I. (r)
LAW 3454 FEDERAL JUDICIAL INTERNSHIP (4 credits)
Students intern (clerk) with a member of the Federal judiciary in the United States District Court or United States Bankruptcy Court for the Middle District of Florida. Each student is assigned to work with a federal judge, a federal judge-magistrate, or a bankruptcy judge. Students perform numerous research and writing assignments under the auspices of the particular judges to whom they are assigned. Students also are provided an unique opportunity to attend judicial proceedings (e.g., jury selections, hearings, sentencings, trials, mediations, and arbitrations), and to obtain first-hand insight into the internal operations of a federal court. Student participants are selected based upon relevant academic and work qualifications.(r)
LAW 3460 FEDERAL TAX PRACTICE AND PROCEDURE
An in-depth study of practice and procedures of the Internal Revenue Service and the federal courts having jurisdiction in tax controversies. The course covers such topics as statutes of limitation, tax court jurisdiction, penalty provisions and deficiency procedures. This course satisfies the administrative law requirement. (o)
LAW 3480 FEDERAL TAXATION OF ESTATES, TRUSTS AND GIFTS
This course examines the federal system of taxation of gratuitous transfers, including the Estate Tax, the Gift Tax, Taxation of Generation-Skipping Transfers and Income Taxation of Estates and Trusts.
LAW 3485 FEMINIST JURISPRUDENCE SEMINAR
A survey of feminist legal theory, drawing from the experiences of women and from critical perspectives developed within other disciplines, resulting in analysis of the relationship between law and gender and developing new understandings of the limits of and opportunities for legal reform. (o)
LAW 3490 FLORIDA ADMINISTRATIVE LAW
A study of the powers and procedures of Florida administrative agencies, including administrative investigation, rule-making and adjudication, and judicial control of administrative action. Major differences between Florida and federal administrative law will be explored, and some comparison made with the administrative law of other states. This course meets the administrative law requirement. (r)
LAW 3500 FLORIDA CIVIL PROCEDURE
The examination and application of the Florida Rules of Civil and Appellate Procedure. (r)
LAW 3501 FLORIDA CONSTITUTIONAL LAW (Formerly: STATE CONSTITUTIONAL LAW
A study of principles and operation of state constitutions with emphasis on the Florida Constitution. (r)
LAW 3502 FLORIDA CRIMINAL PROCEDURE (Formerly: CRIMINAL PROCEDURE II)
A course devoted exclusively to the procedural rules and tactics attendant to the pleading and trial of a criminal case, with emphasis on existing Florida law. Criminal Procedure I is not a pre-requisite. (r)
LAW 3503 FLORIDA PRACTICE
This course provides the student with an introduction to Florida Rules of Court. Though the focus is on the civil and criminal procedure, it also provides a survey of probate court rules. This course will be co-taught by professors who are experts in the various subject areas. This course will not be offered past the Fall 2007 semester.
LAW 3504 FLORIDA REAL ESTATE LAW
Creating a familiarity with and appreciation for the legal challenges inherent to transactions involving Florida real property is the objective of this course. It will be presented at an intermediate level of complexity for law and practice to students who have fulfilled the first year's curriculum, and who intend to advance to property related courses of advanced complex-subject matter. [This course is strongly recommended as a prerequisite to courses that explore mortgage foreclosure, for example] The course will provide an overview that melds the law of Property, Contract, and Tort to survey such subjects as sales agent commission disputes, contractual terms-expressed and implied, financing provisions, restrictions and conditions upon title, assurance of title, document preparation for closing, and contentious interests of other parties.
LAW 3505 FLORIDA REAL PROPERTY LITIGATION
This course will explore the necessity and usage of a title search and a survey; as well as the importance of visiting the property, conducting legal research and educating the court about the issues involved in real property litigation such as Partition, Zoning Presentation, Boundary Litigation, Quieting Title, Real Property Tax Adjustment, Slander of Title, Establishing Ways of Necessity in Easements, Removal of Restrictive Covenants, and Ejectment. (o)
LAW 3506 FLORIDA SUPREME COURT JUDICIAL INTERNSHIP
The Florida Supreme Court Internship program accepts a limited number of students with a strong academic record to intern with the Court each semester. Under the direction of particular Court justices and/or their staff, students will review and make recommendations to the Court on matters such as: petitions for discretionary review, attorney discipline matters, extraordinary writs, and other issues in cases pending before the Court. Selection of students is based upon class standing (typically the top 25% of their class) and is open to second and third-year students who have completed their required course-work. Students will receive 7 credits in a summer term or 12 credits in a fall/spring term. S/U grade only. (r)
LAW 3507 FLORIDA TORT LAW
This course will build upon the basic Torts course, by presenting students with an opportunity to study Florida common law and statutory provisions in the major topic areas covered in the basic first year course, as well as selected advanced Torts law topics, and areas where Florida law is uniquely important in the subject area of Torts.
LAW 3525 HEALTH INSURANCE
This course examines the law applicable to public and private health care coverage, including private insurance, health maintenance organizations, self-funded plans, and government-sponsored plans such as Medicare and Medicaid. The course will cover federal and state laws governing these types of coverage, including ERISA and state insurance regulation. (r)
LAW 3529 HEALTH LAW
This survey course examines the issues and the law applicable to public and private health care and presents an overview of the issues encountered in a health law practice.
LAW 3533 HEALTH POLICY LAW
An overview of policies and issues in public and private health, economic and financial issues, costs of health care on the government and private enterprise, and delivery issues. (r)
LAW 3535 HONORS COLLOQUIUM (no credit)
The Honors Colloquium is designed for students accepted into Stetson’s Honors Program based on academic performance in the first and second semesters. The Colloquium will explore various topics concerning the history and theory of law. Conducted in a seminar format, various professors will lead students in discussion of the assigned topics. (r)
LAW 3538 IMMIGRATION LAW
A study of immigration law topics to include: employment and family-based benefits; exclusion and deportation; political asylum and refugees; permanent residence; U.S. citizenship; special considerations pertaining to foreign investors; and current policy and legislative issues. (o)
LAW 3541 INDIVIDUAL RESEARCH PROJECT (1-2 credits)
By individual arrangement with a faculty member, a student may enroll in one semester of legal research leading to the writing of a single paper of publishable quality reflecting substantial effort. Upon approval of the project, the student must register for credit in the project with the Registrar's Office at the beginning of the semester in which the project is to be undertaken. This course satisfies the writing requirement. Students enrolled in this course must attend the Scholarly Writing Series or certify that he or she has watched the videotaped version of the Series.
LAW 3548 IN-HOUSE COUNSEL INTERNSHIP (3 credits)
Students will work with in-house counsel for a minimum of 8 hours per week and attend a bi-weekly one-hour class. Each student will be required to produce a 30-page minimum work product. Work may include drafting of corporate and litigation documents; attending meetings, negotiations, or courtroom proceedings; and researching regulations, cases, or statutes. Pre-requisites: Corporations or Business Associations and one commercial course. (o)
LAW 3553 INSURANCE
An introduction to the nature of insurance, the organization and state supervision of insurance companies, and development of the concepts of insurable interests as related to property and liability insurance as well as to insurance of the person. (r)
LAW 3561 INTELLECTUAL PROPERTY LAW INTERNSHIP
Students work under the direct supervision of intellectual property attorneys from the University of South Florida’s Department of Patents and Licensing as well as under the supervision of one or more full-time faculty members. Students gain experience in researching various types of intellectual property for protectability, drafting different types of licensing agreements which vary based on the underlying sub-IP area, drafting opinion letters and submitting different types of applications to governmental bodies responsible for IP regulation and administration, on regional, national and international levels. (r)
LAW 3572 INTERNATIONAL BANKING AND FINANCE LAW
Surveys the international monetary system. Included are a systematic and global overview of the functions and values of money; exchange rates, currency practices and exchange restrictions; techniques for hedging of foreign exchange risks, including the use of forward exchange contracts and currency futures, options and swaps; domestic and international banking; international trade finance; international capital markets and loan documentation; and payment, clearing and settlement systems. (r)
LAW 3573 INTERNATIONAL BUSINESS TRANSACTIONS
This course will consider selected problems in international trade, surveying some of the many issues encountered in private international transactions and emphasizing the options available to counsel engaged in the “preventive” practice of law. As such, the primary focus will be on recognizing and anticipating potential problems, and choosing the most appropriate form or structure for the business from among a range of equally viable or legally correct approaches, in order to manage the increased risk inherent in international transactions. Three major areas will be explored (1) the sale of goods across national borders, primarily through “letter of credit” transactions, (2) establishing foreign means of production or distribution through “licensing” or “franchising” operations, and (3) direct investment in foreign means of production or distribution “onshore” in another country. (r)
LAW 3575 INTERNATIONAL CRIMINAL LAW
An exploration of crimes, such as terrorism, drug trafficking and related offenses, counterfeiting and transnational crimes and certain human rights offenses. Special emphasis will be placed on individual and state responsibilities; jurisdictional considerations; issues on obtaining persons abroad; and international cooperation efforts. (o)
LAW 3577 INTERNATIONAL ENVIRONMENTAL LAW
This course is an introduction to international legal principles and the application of those principles to specific global environmental problems. The course will focus on environmental concerns such as transboundary acid rain; stratospheric ozone depletion; nuclear accidents; ocean dumping; hazardous waste exports; decertification; endangered species protection; preservation of the rain forests; the effect of trade policies such as GATT; population control, environmental warfare; global climate change; and the management of Antarctica. (o)
LAW 3580 INTERNATIONAL INTELLECTUAL PROPERTY
A survey of the major international treaties and agreements, and relevant U.S. law and enforcement mechanisms regarding intellectual property rights in the context of international business transactions. (r)
LAW 3581 INTERNATIONAL JOINT VENTURES
This course will familiarize students with the variety of issues faced by business parties when embarking upon a joint venture when one of the business parties is a non-U.S. entity or when the joint venture entity plans to do business in a non-U.S. jurisdiction. (o)
LAW 3583 INTERNATIONAL LAW
This course provides an introduction to the system of norms, rules, institutions and procedures that regulates interaction among states, and between states and individuals. Three fundamental areas will be explored (1) the source and nature of international legal rules, (2) the associated international legal processes, and (3) the relationship of these international rules and processes to individuals, organizations, and states. (r)
LAW 3584 INTERNATIONAL LAW OF HUMAN RIGHTS SEMINAR
An examination of the emerging rights and duties of the individual in the law of nations. This course meets the LL.M. degree requirement. (r)
LAW 3585 INTERNATIONAL LITIGATION AND ARBITRATION
A study of the various modes of dispute resolution involving international transactions or foreign parties. This course will cover jurisdictional issues in U.S. and foreign courts, the various international arbitration programs, forum selection, provisional remedies, international discovery procedures, enforcement of foreign court judgments and arbitration awards. (r)
LAW 3587 INTERNATIONAL SALES LAW AND ARBITRATION
This course covers the CISG and related law applicable to the international sale of goods, as well as, international law governing arbitration of private disputes. The course will use as an integral part of the learning experience, the Problem for the Annual Vis International Commercial Arbitration Moot. Students will analyze the Problem (learning the substantive law along the way), research the legal issues, and draft a collaborative brief in support of one of the parties in the Problem. Students must take this course and must qualfy for selection to the Moot Court Board in order to participate fully in the Vis competition in Vienna during the spring; however, any student interested in the subject matter is eligible to take the course. (r)
LAW 3588 INTERNATIONAL SECURITY LAW AND POLICY
This course will explore national security in the context of global security, foreign relations and diplomacy. It will examine international security issues, not only from the U.S. perspective but also from the perspective of other nation states as well. Legal, military and political issues will be discussed in the context of the Vietnam War, the Korean Conflict, the Persian Gulf War and the Balkan conflict, among others. (r)
LAW 3590 INTERNATIONAL TAXATION
An introduction to U.S. taxation of foreign persons and entities investing and engaging in business in the United States, as well as U.S. taxation of domestic persons and entities investing and engaging in business abroad. Particular attention is focused on the source rules, the foreign tax credit, and income tax treaties. (o)
LAW 3591 INTERNATIONAL TRADE REGULATION
This course will address some of the issues associated with the governmental regulation of international trade, through a problem-oriented approach. At least two regulatory systems will be considered in almost every problem, one being the regulatory regime embodied in the domestic law of the country of import or export, and the other being the system of international agreements (such as WTO/GATT and NAFTA) that are intended to limit the actions which may be taken by individual governments. The impact of "globalization" within this framework will also be considered. Three major areas will be explored (1)tariffs and non-tariff barriers to trade,(2) domestic responses to import competition, and (3) trade regulation and international economic relations. These are topics which potentially concern any business dealing internationally, from global multinational corporations to small start-up ventures desiring to expand abroad.(r)
LAW 3592 INTERVIEWING AND COUNSELING
This course will focus on the most commonly used lawyering skills - client counseling and interviewing. Both theoretical and practical aspects will be considered. This course satisfies the skills requirement. Pre-requisite or co-requisite: Professional Responsibility. (r)
LAW 3594 INTRODUCTION TO THE PHYSICAL EXAM
Lawyers, in their practices, often need to read, interpret and understand medical histories and records. However, lawyers are rarely trained to do so, nor do they understand how medical records are created and entries made. This course will introduce the law student to the Physical Examination. The student will experience, first hand, under the supervision of a physician, how physical examination is gathered and entered into medical records.
LAW 3595 JOURNAL OF INTERNATIONAL AGING LAW AND POLICY
Credit is given for participation in the publication of the Journal of International Aging Law and Policy. Student editors may earn up to one hour of credit per semester. As there is no student writing requirement for the Journal, this course does not meet the graduation writing requirement. S/U grade only. (r)
LAW 3596 INTRODUCTION TO CIVIL LAW
This course examines the history, methods, institutions and basic principles of the world's oldest, most widely distributed, and most influential legal tradition. It provides common law trained students a useful foundation on basic civil law concepts and leads them to appreciate the importance of a comparative perspective for the global practitioner.
LAW 3599 JUDICIAL DECISION-MAKING IN THE APPELLATE CONTEXT
This course examines the decision-making process of judges in an appellate environment, with emphasis on issues such as the standard of review at the appellate level, the role of stare decisis,and the use of concurrent and dissenting opinions. The course will be graded through a series of short assignments, and is graded on a Satisfactory/Unsatisfactory basis.
LAW 3600 JURISPRUDENCE
An introduction to legal theory and the broad knowledge necessary in the professional use of case law and legislation. The course examines the system of political, economic, moral, and psychological ideas that lies at the root of modern jurisprudence and focuses on the origin, nature, function, and development of the law. (o)
LAW 3604 JURISPRUDENCE HONORS SEMINAR
Same as LAW 3605, but limited to students in Stetson's Honors Program. (r)
LAW 3605 JURISPRUDENCE SEMINAR
Students will discuss research and write on selected legal problems from various jurisprudential perspectives, including those of natural law, positivism, sociological jurisprudence, and legal realism. (o)
LAW 3610 JUVENILE LAW
This course will encompass the study of substantive juvenile law, juvenile procedure, the role of the Department of Juvenile Justice, and the mental health issues of the accused juvenile. The course will prepare law students for the representation of the juvenile defendant, specifically as to the rights of the juvenile, the role of the attorney and the problems and issues that our juvenile propulation faces within the criminal justice arena. In addition, the course will enhance the knowledge of the criminal justice system by focusing on the issues of the child who is prosecuted as an adult.
LAW 3613 LABOR LAW
A study of the law governing disputes between employers and employees, with special emphasis on the federal statutes. Union organization, employer responses, and collective bargaining are the focal points of the course. This course meets the administrative law requirement. (r)
LAW 3614 LABOR LAW INTERNSHIP
An internship program available to qualified students allowing active participation in the functions of either the Tampa National Labor Relations Board regional office (fall & spring semesters for 3-credit hours) or the office of the Public Employees Relations Commission in Tallahassee (full-time summer session for 5-credit hours). The internship program will permit the participating student to study first-hand the role of the agency by participation in the investigation, preparation, and observation of hearings conducted by the agency. Pre-requisite: Labor Law (r)
LAW 3633 LAND USE PLANNING
A survey of the tools and theories used by federal, state, and local governments to regulate the use and allocation of land resources. This includes a consideration of zoning, subdivision regulation, eminent domain, and public planning. This course meets the administrative law requirement. (r)
LAW 3642 LAW AND BEHAVIORAL SCIENCE
The primary focus of this course is on the use of psychological and sociological expertise in the judicial processes. The course examines such topics as the use of statistical evidence to establish discrimination; the use of psychological techniques such as “profiling” to predict future criminal behavior; the use of psychological “syndrome” evidence to determine whether, e.g. the behavior of the criminally accused is attributable to the “battered spouse syndrome” or “post-traumatic stress disorder.” No background in the social sciences is required. (o)
LAW 3650 LAW AND ECONOMICS
An overview of the basic economic concepts that have wide applicability in the law. Economic and financial principles related to legal issues in several areas are developed (e.g., personal injury, antitrust, and regulation). The assessment of economic damages and the use of economic experts in litigation are emphasized. No background in economics or finance is required. (o)
LAW 3651 LAW AND ECONOMICS SEMINAR
Same as LAW 3650; however, this course satisfies the writing requirement. (o)
LAW 3665 LAW AND HIGHER EDUCATION
This course provides an overview of postsecondary education law, including common law decisions,federal and state statues and regulations affecting the administration of institutions of higher educaiton.
LAW 3675 LAW & SEXUAL ORIENTATION SEMINAR
This course explores the rapidly expanding relationship between the law and sexual orientation, gender and nonconformity. It examines various legal principles that have been and might be used to limit the ability of government and other institutions to disadvantage people because of their sexual orientation. The course looks at issues such as equal protection, privacy, and due process, and explores how courts have used these doctrines in consideration of lesbians, gay men, bisexuals and transgender individuals in critical aspects of their lives, such as employment, housing, and family relationships. Thus, the course addresses issues that will likely arise in virtually all law practices.
LAW 3680 LAW OF FINANCIAL INSTITUTIONS (formerly BANKING LAW)
A survey of government regulation of the banking and financial services industry under federal law as administered by the various federal agencies, as well as, regulation of the state law. The principal focus is on the structure of the industry, the changes to the industry, and the regulation of the industry (Reform, Recovery and Enforcement Act of 1989 (FIRREA) and the changing responsibilities of directors and officers of banks and bank holding companies). This course is designed to provide a working knowledge of the various regulations governing banks and the supervisory process for the banking of regulatory lawyers. (o)
LAW 3681 LAW OF INTERNATIONAL TRIBUNALS
This course traces the evolution of humanitarian law and teh creation of tribunals to enforce humanitarian law. The course is designed to afford an appreciation of how international law, a state-centric legal system, addresses the individual as subjects of international criminal law. The course will likewise examine how legal prin
