This course provides an overview of the different roles in which lawyers serve and the different work environments in which lawyers are employed. Students will meet members of the legal profession, hear about the daily work of lawyers in different settings, receive information about handling the responsibilities of law practice, learn about the range of lawyers’ duties and to whom those duties are owed, and be introduced to the basic principles of professionalism. Graduation Requirement: Course required for graduation. Basis of Grade: Class attendance and participation; project report. Form of Grade: Pass/Fail.

An introduction to the law governing contracts, both common law and the Uniform Commercial Code. Topics covered include the agreement process, requirements for enforceability, interpretation and meaning, defenses, and remedies. Graduation Requirement: Course required for graduation. Basis of Grade: Examination. Form of Grade: Letter.

An introduction to the common law and Uniform Commercial Code relating to the agreement process, including the requirements of offer, acceptance, and consideration for the formation of contractual relationship. Problems on the interpretation of the contract, negotiation, drafting, and legal planning are analyzed and discussed. Basis of Grade: Final examination. Form of Grade: Letter Grade.

Continuation of Contracts I. Basis of Grade: Final examination. Form of Grade: Letter Grade.

In this course, students are introduced to major concepts of property law, including the historical development of private property rights. The course will focus primarily upon the acquisition, characteristics, and transferability of property interests, as well as the relationship between privately held property interests in land and government regulation of that land for public purposes. Topics covered in the course will typically include adverse possession, estates, future interests, landlord tenant, easements, covenants, purchase & sale, deeds, and financing. Graduation Requirement: Course required for graduation. Basis of Grade: Examination Form of Grade: Letter.

In this course, students are introduced to major concepts of personal and real property law, including the historical development of private property rights. The course will focus primarily upon the acquisition, characteristics, and transferability of property interests, as well as the relationship between privately held property interests in land and government regulation of that land for public purposes. Topics covered in the course will typically include personal property (gifts, bailments, lost & found), adverse possession, estates, future interests, landlord tenant, easements, covenants, purchase & sale, deeds, financing, and zoning. Basis of Grade: Final examination. Form of Grade: Letter Grade.

Continuation of Property I. Basis of Grade: Final examination. Form of Grade: Letter Grade.

A study of the structure of the Federal Government, the function of the Supreme Court in constitutional government, and the provisions of the United States Constitution that guarantee and protect individual rights against governmental encroachment. Topics include judicial review, sources and limits of congressional power, presidential power, equal protection, substantive due process and identification of unenumerated fundamental rights, freedom of speech, and the religion clauses. Graduation Requirement: Course required for graduation. Basis of Grade: Examination. Form of Grade: Letter.

This course provides an introduction to the substantive law of crimes. The primary emphasis is on those rules, principles, and doctrines applicable to most or many crimes. These doctrines include actus reus (What is a criminal act?), mens rea (What states of mind are criminal?), and the defenses of insanity, intoxication, impossibility, mistake, duress, necessity, and self-defense. Some attention is also given to several specific crimes and to theories of punishment. The primary materials are selected appellate court opinions and the Model Penal Code. Graduation Requirement: Course required for graduation. Basis of Grade: Final examination. Form of Grade: Letter Grade.

A study of the Structure of the Federal Government and the function of the Supreme Court in constitutional government. Topics include principles of justiciability and standing; the development of federal power through the commerce clause and limits on state power flowing from the commerce and contract clauses; executive powers and the practice of separation of powers. The course will also generally consider the effect of the Fourteenth Amendment upon federalism, and conclude with the concept of state action as a limitation on the reach of the Amendment’s guarantees. Basis of Grade: Final examination. Form of Grade: Letter Grade.

The second-half of the required year-long Constitutional Law sequence. This class focuses on provisions of the United States Constitution that guarantee and protect individual rights against government encroachment. Among the topics covered are: equal protection, due process, freedom of speech, and freedom of religion. Registration: Rising 2Ls have registration priority. Subject to block registration, required for graduation. Basis of Grade: Final examination. Form of Grade: Letter Grade.

The legal protection afforded in civil proceedings against interference by others with the security of one’s person, property, or intangible interests; the analysis of intentional interference, negligence, and strict liability in the context of recognized categories of tort liability. Graduation Requirement: Course required for graduation. Basis of Grade: Examination. Form of Grade: Letter.

The legal protection afforded in civil proceedings against interference by others with the security of one’s person, property, or intangible interests; the analysis of intentional interference, negligence, and strict liability in the context of recognized categories of tort liability. Basis of Grade: Final examination. Form of Grade: Letter Grade.

Continuation of Torts I. Basis of Grade: Final examination. Form of Grade: Letter Grade.

This course integrates instruction in fundamental legal research, analysis, and writing. Students learn the basic methods of researching state statutes and case law. Students learn how to analyze cases and statutes, how to identify and understand legal rules derived from these authorities, and how to apply those rules to make informed predictions about legal issues. Students also learn how to convey legal analysis clearly and concisely, and how to draft a legal prediction in the form of a memorandum of law. Students prepare two full memoranda of law and independently conduct the research necessary to complete one of them. Graduation Requirement: Course required for graduation. Basis of Grade: Written Assignments. Form of Grade: Letter.

This course builds on the research, writing, and analytical skills introduced in Legal Research, Analysis, and Writing I. Students learn how to research federal statutes and case law, regulations, and secondary sources. Students also learn the skills of persuasive writing and argumentation through the preparation of an appellate brief and oral argument. Students independently conduct the research necessary to complete the appellate brief. Graduation Requirement: Course required for graduation. Basis of Grade: Written Assignments and Exam. Form of Grade: Letter.

Students will learn how to read cases and statutes effectively, how to understand legal rules from these authorities, and how to apply those rules to new factual situations to make informed predictions about legal issues. Students will also be taught how to convey legal analysis in clear, concise prose and how to draft a legal prediction in the form of a memorandum of law. The course will also cover information regarding the court system, the litigation process, and the professional obligations of lawyers. Basis of Grade: Written assignments. Form of Grade: Letter Grade.

In this course, students build on the analytical and editing skills introduced in Legal Writing I. Students also learn the skills of persuasive writing and argumentation through the preparation of an appellate brief and an oral argument. Basis of Grade: Written assignments and oral argument. Form of Grade: Letter Grade.

During the introductory course in Legal Research, students receive instruction in the basic sources and research techniques of American law. Emphasis will be placed upon the development of an effective and efficient research strategy for locating and updating state and federal cases, statutes, regulatory materials, and major forms of secondary legal resources. Students will examine and use resources in both print and online formats. While some attention will be paid, of necessity, to the details of each source, the course will focus upon the use of these sources within the context of efficient and cost-effective legal research. Basis of Grade: Final examination. Form of Grade: Pass/Fail.

Students will learn the basic techniques of legal drafting - researching the document, finding the appropriate legal concepts to express the client’s wishes, organizing the document, then actually writing the document. Students will then use these techniques to draft a variety of types of documents - including private law documents (contracts, releases, etc.), and public law documents (statutes and regulations), and a few pleading documents. The primary focus will be on form and style rather than on the substantive content of the documents. Graduation Requirement: This course satisfies the skills course graduation requirement. Basis of Grade: Drafting assignment. Form of Grade: Letter Grade.

This course is taught by full-time Legal Writing faculty and picks up where LRAW I and II leave off at the end of the first year, requiring students to complete client-centered lawyering tasks, focusing on written work product. Students will deepen their understanding of how to plan and execute those tasks on practical timelines and strengthen the quality of their written work product to effectively serve client goals. They will refine their research, analysis, and writing skills developed in the first year, focusing on depth of analysis and purpose-driven mastery of mechanical writing skills through regular, individualized feedback on their written work product and processes. Students may take either LRAW III or Advanced Legal Writing, but not both. Graduation Requirement: This course satisfies the writing requirement, or the experiential requirement, but not both; must earn a grade of C or better to satisfy either requirement. Basis of Grade: Grades will be based on cumulative point totals from writing assignments and course participation. Form of Grade: Letter.

This course will focus on format, analysis, and organization with respect to a variety of legal documents, which may include objective memoranda, trial-level briefs, correspondence, discovery requests and responses, and jury instructions. Students will also receive instruction and tailored comments regarding writing style. NOTE: Students may enroll in either Advanced Legal Writing or Legal Research, Analysis, and Writing III, but not both regardless of the semester the courses are offered. Graduation Requirement: This course satisfies the writing requirement or the experiential requirement, but not both; you must earn a grade of C or better to satisfy either requirement. Basis of Grade: Written assignments. Form of Grade: Letter Grade.

This course will put students in the position of a first-year associate at a busy law firm with immediate needs on short deadlines. Students will be presented with a new issue in each of four or five modules over the course of the semester. Students will draft memoranda in support of or opposition to motions, present arguments at mock motion hearings, and draft researched internal advice memoranda to the firm on questions of procedure and motion strategy. Like Appellate Advocacy but in a trial motion setting, the course will expose students to the preparation and arguing of pre-trial motions and procedural issues ancillary thereto (e.g. issue preservation and appealability), but with an underlying theme of how litigators approach common strategy decisions in a law firm practice-group setting, such as whether to file or oppose certain motions, seek fees or sanctions, or how to resolve the conflict between the short deadline for a Notice of Appeal and the longer timeline needed to preserve issues through Rule 59(e). The course is intended to complement current Trial Advocacy and Advanced Legal Writing courses by offering less breadth of experiences than those courses, but more depth into one aspect of them: motions practice. The course will build on the technical writing skills developed in LRAW I and II through detailed feedback on their written work. It will also build on the oral advocacy skills of LRAW II through instructor feedback, peer-review, and self-assessment of their mock hearings. Graduation Requirements: This course satisfies the experiential graduation requirement; must earn a grade of C or better. Basis of Grade: Grades will be based on cumulative point totals from written memos, oral presentations, and class participation. Form of Grade: Letter.

This course takes an explicit, problem-based approach to legal analysis in order to deepen students’ ability to synthesize legal authorities and to formulate and critique legal arguments. Topics covered will include theories of legislative and regulatory interpretation, sources of “public policy” arguments, and an exploration of stare decisis and the weight of published, unpublished, and “depublished” judicial opinions. Throughout the semester, students will work through numerous exercises that require the analysis, synthesis, and application of legal authorities. Some exercises will require students to perform their own legal research; others will be based on the “File” and “Library” format of the NCBE MultiState Performance Test; and still others will ask students to critique the analysis in existing memoranda and briefs. All exercises will require intensive, focused, repeated reading of statutes, regulations, cases, or some combination thereof. Graduation Requirement: This course satisfies the experiential course graduation requirement, must earn a grade of C or better. Basis of Grade: Short written exercises throughout the semester; take-home exam. Form of Grade: Letter.

This course is designed as an online course offering that combines components of two upper-level drafting courses currently offered: Advanced Legal Writing and Writing in Law Practice. The goal of the course is to expose students to the drafting skills private practice lawyers need to handle a case in the course of civil litigation. This class will not deal with trial skills; rather, this course will focus on prefiling and pretrial drafting skills and will simulate a realistic litigation experience in a law firm setting. The course will encourage students to build on the legal writing and research skills they learned in the first year and expose them to documents they will need to produce in practice that are not a part of the first year legal writing experience. Students will learn how to (1) draft common litigation documents; (2) produce clear and concise writing; (3) effectively analyze legal issues; (4) express legal analysis clearly in written and oral communications; (5) conduct legal research in context; (6) critically examine information in its original form and discern information relevant to the litigation; (7) make strategic decisions about litigation based on the client’s expressed goals, the facts of the case, and the law; (8) draft a persuasive argument in the pre-trial context; and (9) produce documents necessary to resolve the pending litigation. Graduation Requirement: This course satisfies the experiential course requirement, must earn a grade of C or better. Basis of Grade: Written assignments. Form of Grade: letter.

This course will provide an introduction and overview of the procedural steps in the prosecution and defense of civil cases in federal court. The course will focus on pleadings, joinder, discovery, summary judgment, trial and post-trial motions, preclusion doctrines, personal jurisdiction, subject matter jurisdiction, removal, supplemental jurisdiction, venue, and Erie doctrine. If time permits, opportunity to be heard, class actions, case management, appellate review, and alternative dispute resolution may also be addressed. The order of, and time allocated to, each topic will vary from instructor to instructor. Graduation Requirement: Course required for graduation. Basis of Grade: Examination. Form of Grade: Letter.

An introduction to the Rules of Civil Procedure governing the civil litigation process, including rules regarding pleadings, discovery, joinder of parties, summary judgment, default, post-trial motions, and claim and issue preclusion. Basis of Grade: Final examination. Form of Grade: Letter Grade.

An analysis of the procedural steps in the prosecution and defense of a civil case with emphasis on the Federal Rules of Civil Procedure, including pleading, motions directed to pleadings, amendment, joinder, complex joinder devices, obtaining information from other parties through discovery, trial and post-trial motions, and standards for appeal. Special issues in federal procedure including subject matter jurisdiction, removal, jurisdictional limitations on procedural devices, transfer between federal courts, class actions and multi-district litigation and appellate issues and the relationship of the federal and state courts may also be explored. At the discretion of the professor some individual drafting problems may be assigned. Registration: Second year block course; 2L priority registration. Graduation Requirement: Required for graduation (students entering Fall 2009). Basis of Grade: Final examination. Form of Grade: Letter Grade.

The criminal process with emphasis on constitutional issues relating to arrest, search and seizure, and interrogation. Some consideration of issues relating to identification procedures, jeopardy, pre-trial procedure, and guilty pleas. Registration: 2L priority registration. Basis of Grade: Final examination. Form of Grade: Letter Grade.

This course is a practice-oriented introduction to the discovery phase of litigation. The course will simulate a product liability case in which enrolled students will represent either the plaintiff or the defendant. Students will handle the case from the beginning of discovery until the case is ready for settlement or trial, focusing on drafting the discovery documents necessary to advance the case. This course will expose students to the specific skills needed for engaging in litigation discovery. Graduation Requirement: The course satisfies the experiential course requirement, must earn a grade of C or better. Basis of Grade: Each written assignment and course activity will be assigned a point value that will contribute to an overall point total for the entire course. A student’s letter grade will be determined by the percentage of points the student earns throughout the course. Form of Grade: Letter.

This course examines the substantive criminal laws of South Carolina with an emphasis on the rules, principles, and procedures applicable to magistrate and General Sessions courts of South Carolina relating to arrest, bonds, pre-trial procedures, guilty pleas, and trials. To prepare students for practicing criminal law as prosecutors or defense attorneys in South Carolina, this course will focus on the criminal process in South Carolina for both the prosecution and defense from the decision to charge through the trial of a case. Graduation Requirement: Course satisfies the experiential graduation requirement. Must earn a grade of “C” or better. Basis of Grade: Written Assignments and Simulations. Form of Grade: Letter Grade.

This course will assist in preparing students for the bar exam. It will provide high-level coverage of substantive bar topics and detailed instruction on test-taking skills. The focus of the course will be on reviewing and reinforcing students’ ability to assess, interpret, and synthesize legal principles relevant to a fact pattern. The course will also reinforce core writing skills tested on the bar exam. Study material will include questions from the Multistate Performance Test, the Multistate Essay Exam, and the Multistate Bar Exam. The final examination and any formative assessments will be based on topics covered in the course. Although this course is not a substitute for a commercial bar prep course, it will prepare students to more effectively use the resources provided by the commercial bar prep course. Basis of Grade: At least 70% of the final grade will be based on a comprehensive examination. The exam will consist of a simulated mini bar exam at the end of the semester, graded like an actual bar exam (currently 50 percent multiple choice, 30 percent essay, 20 percent performance test). For the multiple choice, the questions will consist of either problems used on former bar exams or problems of the same rigor that closely replicate past problems. The essay and performance portions will have the same degree of rigor as, and be modeled after, bar exam essay and performance questions. Some other portion of the final grade (in the range of 10% to 30%) may be based on participation or formative assessments. Form of Grade: High Pass/ Pass / Low Pass / Fail. The credits received for the Legal Analysis Workshop course will not reduce the student’s pass/fail allowance of six credits but will still count toward the credit-hour requirement for graduation.

This course will focus on the skills required to competently and timely complete the Multistate Performance Test on the Uniform Bar Examination, including: (1) sorting detailed factual materials and separating relevant from irrelevant facts; (2) analyzing statutory, case, and administrative materials for applicable principles of law; (3) applying the relevant law to the relevant facts in a manner likely to resolve a client’s problem; (4) identifying and resolving ethical dilemmas, when present; (5) communicating effectively in writing; and (6) completing a lawyering task within time constraints. Students will complete fifteen (15) MPTs for scoring and individual feedback to increase their MPT proficiency. Notes: Students may not enroll in this course and Advanced Legal Analysis (LAWS 542). Students must be in their final two semesters of law school to take the course. For the majority of students, this will require them to be a 3L when they take the course. For December graduates, students may take the course in the Spring of their 2L year. Basis of Grade: This is a pass/fail course that will be graded based upon participation, attendance, and quality of work. Form of Grade: Pass/Fail

A course that focuses on lawyers’ ethical obligations in various areas of practice: criminal defense and prosecution, civil litigation, office practice, counseling, transactions work, corporate and organizational counsel, government, and the judiciary. The course also examines significant issues facing the profession, including limitations on advertising and solicitation, restrictions on the adversary model, and the national and global nature of the legal profession. This course includes education on bias, cross-cultural competency, and racism. Registration: 2L priority registration. Second year block course. Graduation Requirement: Satisfies Professional Responsibility requirement for graduation. Must earn a grade of C or better to satisfy the graduation requirement. Students who have taken Professional Responsibility may not enroll. Basis of Grade: Final examination and class participation. Form of Grade: Letter Grade.

Examination of the lawyer’s obligations to clients, other lawyers, and courts, and also to society and themselves, with focus on the Rules of Professional Conduct. This course includes education on bias, cross-cultural competency, and racism. Graduation Requirement: This course or Problems in Professional Responsibility is required for graduation. Must earn a “C” or better to meet graduation requirement. Form of Grade: Letter Grade.

An in-depth study of selected problems in ethics and professionalism confronting lawyers in the practice of law. Topics will include legal malpractice, the disciplinary system, ethical issues facing lawyers in particular fields, ethics and professionalism in litigation, office practice, and other issues of current interest. Instruction in the course will be by faculty members, practicing lawyers and judges. Basis of Grade: Written responses to problems; memos and drafting exercises. An assignment on substantive topic discussed in the course. Grade will be based on top 5 scores received on assignments. Form of Grade: Letter.

The course provides a synthesis of the substantive knowledge and the practical skills and experience essential to a successful practice and the competent representation of clients in numerous areas of the law. The course will emphasize the analysis of client problems and the processes involved in effecting solutions. Practice areas covered from time to time during the semester may include, inter alia, bankruptcy, criminal defense litigation, criminal prosecution, civil defense litigation, plaintiff’s litigation, construction law, elder law, fiduciary representation, estate planning, family court litigation, alternative dispute resolution, real estate transactions, workers’ compensation, international law, health law, intellectual property, media law, poverty law, education law, commercial law, banking law, employment law, consumer law, business entities and agency law, appellate practice, tax practice, environmental law, regulatory practice, and administrative law. This course is not intended as a substitute for a more in-depth study of doctrinal law and procedure in these various areas but instead will serve as a transitional stage from the knowledge and skills obtained in other courses to the practice of law in those areas. Various presentations will be made by leading experts in their fields. Forms and other practice materials will be provided. Registration: This course is limited to students in their final semester of law school. Basis of Grade: Examinations and/or projects, attendance. Form of Grade: Pass/Fail.

This course is designed to cover topics not covered in depth in the first-year Civil Procedure course and may include complex joinder rules, interpleader, discovery issues related to expert witnesses, offers of settlement, and appeals. It will emphasize federal procedure but note some ways in which South Carolina procedure differs. The course is also designed to enhance skills acquired in the first year including the ability to research, read, and understand procedural rules, statutes, and cases, and the ability to synthesize those sources. Students will spend some time practicing essay and multiple-choice questions of the type they may encounter on a bar exam, in addition to performing more practice-related exercises; the course may thus review, as necessary, some topics encountered in the first-year course. Basis of Grade: Exercises, Quizzes and Open-Book Final Exam. Form of Grade: Letter.

This course is an advanced course in criminal law. Students will explore three different areas: First, they will take an in-depth look at topics that play an important role in criminal practice, but which typically go unmentioned or are only briefly discussed in first-year Criminal Law. Such topics include, for example, possession crimes and conspiratorial relationships. Second, students will survey high-profile criminal law topics that have attracted popular attention, such as cyber-crime, anti-terrorism enforcement, and forensic investigation. Third, students will finish the class by studying sentencing law and policy. The purpose of the course is both to provide students with a broad understanding of criminal law and to prepare them for a career by exposing them to legal doctrines that play a common role in criminal practice. Basis of Grade: 85% final exam, 10% other assignments, 5% participation. Form of Grade: Letter grade.

This course has two objectives: first, to introduce students to fundamentals essential to successful private practice, whether solo or small or large firm, and second: to explore professionalism in the legal profession and its relationship to successful practice. Topics covered may include the economics of law practice, trust accounts and record keeping, common mistakes to avoid, interpersonal skills and leadership principles necessary in managing a practice, managing client relationships, marketing and professionalism. Basis of Grade: Final examination and group projects. Form of Grade: Letter Grade.

This simulation course is for third-year (3L) students interested in the practice of business law. This course will provide students with practical and substantive knowledge and experience in transactional law using a small business nonprofit or small business for-profit organization model. It will be multidisciplinary and provide students a broad theoretical and practical experience with measurable outcomes and skills, including problem solving, project management, leadership, and teamwork. Students will act as counsel for a group interested in forming either a nonprofit 501(c)(3) organization or a for-profit entity that will own and operate a business. As counsel for the organization, students’ responsibilities will include interviewing a client; reviewing a Retainer Agreement; preparing Articles of Incorporation; preparing Bylaws; preparing IRC Form 1023 (Application for Exemption) or LLC or other business documents; providing Board of Director education and advice at simulated board meetings; and preparing Contracts, Lease Agreements, and/or Sponsorship Agreements. Students may also advise the client and draft documents related to copyright issues, potential mergers, and partnership agreements. Registration: Limited to 3Ls only. LAWS 717, LAWS 637, and LAWS 771 are strongly recommended, but are not prerequisites. Students limited to enrolling into one Capstone course. Students cannot enroll in an externship or clinic course in the same semester as a capstone course. Graduation Requirement: This course satisfies the experiential course requirement, must earn a grade of C or better. Basis of Grade: Written and oral assignments. Form of Grade: Letter.

This course builds on the basic research skills gained in the first-year LRAW program. This course provides research experience through classroom instruction and mock legal research assignments that simulate tasks performed in a law firm setting. Upon completion of this course, students should be able to evaluate research options and demonstrate advanced research methods typical of attorneys in practice. Graduation Requirement: This course satisfies the experiential course requirement, must earn a grade of C or better. Basis of Grade: Written assignments and project. Form of Grade: Letter grade.

This course builds on the basic research skills gained in the first year LRAW program. The course provides research experience through classroom instruction and mock legal research assignments that simulate tasks performed in law practice. Upon completion of this course, students should be able to evaluate research options and demonstrate advanced research methods typical of attorneys in practice. Graduation Requirement: This course will satisfy the experiential requirement. It will not satisfy the writing requirement. Basis of Grade: Class participation, written assignments in the form of memos and research exercises, and if taken for 3 credits, a paper of at least 15 pages with a presentation or a longer paper without a presentation. Form of Grade: Letter Grade.

This course will study the constitutional rights of freedom of expression guaranteed by the First Amendment. The course will consider constitutional questions related to regulation of offensive speech, defamation, pornography, symbolic speech, commercial speech, Internet and broadcast regulation, regulation of the public forum, and freedom of association. The course will emphasize the relations between free speech and democratic processes through consideration of campaign finance and election regulations. Registration: The optional paper DOES NOT satisfy the graduation writing requirement. Basis of Grade: Final examination or optional research paper with permission of the instructor. Form of Grade: Letter.

This seminar-style course will allow students the opportunity to discuss and to conduct research on current, specific beach law conflicts. Examples of the kinds of issues that could be the basis for research include sea-level-rise impacts on beaches, public access disputes during the COVID-19 era, recent public access litigation, the history of beach privatization, and differences in public beach rights across jurisdictions. Registration: Students can satisfy the writing requirement in the three-credit option by writing an outline, a first draft, and a 30-page paper, and receiving a grade of "C" or better in the course. Basis of Grade: Students who opt for the two credits will research and write a 20-page paper. Students who opt for the three credits will research and write a 30-page paper. In addition to submitting a final paper, all students will be required to turn in a detailed outline/bibliography; make an in-class presentation; and turn in a complete first draft. Form of Grade: Letter.

This course explores legal approaches to avoiding and resolving conflicts between human use of coastal areas and the ecological integrity of coastal systems. We will cover relevant South Carolina and Federal law, looking at issues both above and below the tide line. Course readings represent a variety of disciplines, including law, economics, and the natural sciences. Graduation Requirement: This course satisfies the perspective course requirement. Basis of Grade: In-class midterm; in-class final examination, and class participation. Form of Grade: Letter.

Classes will have three modules. For the first two weeks students will study coastal land use and environmental issues. The second module, Climate Change and the Coast, will cover domestic and international climate change law, disaster law, and coastal development. The final module, Coastal Energy Law, will cover the fundamentals of energy law, offshore oil and gas law, and coastal impacts of on-shore energy. This is not your typical class because by the end of the course students will have spent eight out of the 20 class days in the field. Students will receive one grade for the three courses which will combine their individual grades from Coastal Law (3 credits), Climate Change and the Coast (1.5 credits), and Coastal Energy Law (1.5 credits). Basis of Grade: Exam. Form of Grade: Letter.

This is a two-credit course taught at Belle Baruch Institute for Marine and Coastal Sciences near Georgetown, South Carolina over a seven-day period during the law school’s spring break. The course is built around five half-day field trips to properties along the “north coast” of South Carolina (Charleston to Myrtle Beach) that have either been at the heart of important litigation or high-profile coastal law issues. Prior to each site visit, students will read the relevant case or issue briefing, then meet with the instructor for discussion. During the site visits, the class will meet with attorneys, parties, or government officials who have been involved in the matter for question and answer sessions. Basis of Grade: Writing Assignments. Form of Grade: Letter.

Students must register for a minimum of two credit hours to fulfill the graduation writing requirement. Basis of Grade: Research paper 30-50 pages in length. Form of Grade: Letter or Pass/Fail.

Students participating as active team members in extracurricular competitions (for example, moot court, trial competition, client counseling competition, and negotiation competition) may receive two or three credits on a pass/fail basis as follows: A. To be eligible to receive 3 credits, an active team member must have worked at least 127.5 hours, cumulatively, in the course of one or more competitions, excluding tryout competitions. To be eligible to receive 2 credits, an active team member must have worked at least 85 hours, cumulatively, in the course of one or more competitions, excluding tryout competitions. B. The program must be supervised or advised by a faculty member and approved for credit by the curriculum committee or the Associate Dean for Academic Affairs. C. The student must make a substantial intellectual contribution to the activity. Alternates may receive credit if they make substantially the same contribution to the team as that made by the primary members of the team. Administrators or "managers" of the programs who do not participate in the intellectual exercises required by the program are not eligible for credit. However, an administrator or manager can receive credit if they qualify for credit under paragraph (D) below. D. The student must complete a written exercise in connection with the activity, which will be evaluated by the faculty supervisor or advisor. In many cases this will be a requirement of the competition. When there is no such requirement, students may receive credit if they reduce their learning to a written form that is evaluated by the faculty supervisor or adviser. This may take the form of a brief, trial memorandum, file memorandum, or other document relating to what they learned in the preparation for the competition. If the rules of the competition limit the involvement of faculty supervisors or advisers, evaluation and criticism of the written product may be postponed until the competition is complete. E. To obtain credit for supervised extracurricular competition, a student must complete a form available in the Office of the Registrar/Academic Services. For Law Journals and Co-Curricular activities, such as mock trial and moot court, the Editor in Chief or similar position, is responsible for verifying to the faculty advisor that each student to be awarded 2 credits has completed 85 hours of work and that each student to be awarded 3 credits has completed 127.5 hours of work. These hours may include time spent creating written materials other than law journal notes and time spent practicing for and performing in competitions other than journal write-on competitions or tryout competitions for mock trial or moot court.

A study of the formation, structure, and characteristics of enterprises organized to do business in the corporate form. Areas discussed include shareholder and promoter liability, division of enterprise ownership, owners and control, duties of management, and securities regulation. Registration: Students who have taken LAWS 600 may not register for this course. Basis of Grade: Final examination. Form of Grade: Letter Grade.

Students may obtain 2 or 3 credits on a pass/fail basis for serving in a position on the Editorial Board of the Journal of Law and Education; the South Carolina Law Review; the ABA Real Property, Probate and Trust Journal; or the South Carolina Journal of International Law and Business. a. To be eligible to receive 3 credits, an editorial board member must have worked at least 127.5 hours for the journal, excluding time spent researching and writing a note for the journal and time spent participating in a write-on competition. To be eligible to receive 2 credits, an editorial board member must have worked at least 85 hours for the journal, excluding time spent researching and writing a note for the journal and time spent participating in a write-on competition. b. No credit may be given without the approval of a faculty advisor or the Associate Dean for Academic Affairs. c. In awarding credit, the faculty advisor or the Associate Dean may rely on a certification from the Editor in Chief that a Board member has substantially fulfilled the duties of his/her position and worked the required number of hours. NOTE: not all editorial board positions receive academic credit. d. To obtain credit for being on the editorial board, a student must complete a form available in the Office of the Registrar/Academic Services. Form of Grade: Pass/Fail.

Students may obtain 2 or 3 credits on a pass/fail basis for serving in a position on the Editorial Board of the Journal of Law and Education; the South Carolina Law Review; the ABA Real Property, Probate and Trust Journal; or the South Carolina Journal of International Law and Business. a. To be eligible to receive 3 credits, an editorial board member must have worked at least 127.5 hours for the journal, excluding time spent researching and writing a note for the journal and time spent participating in a write-on competition. To be eligible to receive 2 credits, an editorial board member must have worked at least 85 hours for the journal, excluding time spent researching and writing a note for the journal and time spent participating in a write-on competition. b. No credit may be given without the approval of a faculty advisor or the Associate Dean for Academic Affairs. c. In awarding credit, the faculty advisor or the Associate Dean may rely on a certification from the Editor in Chief that a Board member has substantially fulfilled the duties of his/her position and worked the required number of hours. NOTE: not all editorial board positions receive academic credit. d. To obtain credit for being on the editorial board, a student must complete a form available in the Office of the Registrar/Academic Services. Form of Grade: Pass/Fail.

Students may obtain 2 or 3 credits on a pass/fail basis for serving in a position on the Editorial Board of the Journal of Law and Education; the South Carolina Law Review; the ABA Real Property, Probate and Trust Journal; or the South Carolina Journal of International Law and Business. a. To be eligible to receive 3 credits, an editorial board member must have worked at least 127.5 hours for the journal, excluding time spent researching and writing a note for the journal and time spent participating in a write-on competition. To be eligible to receive 2 credits, an editorial board member must have worked at least 85 hours for the journal, excluding time spent researching and writing a note for the journal and time spent participating in a write-on competition. b. No credit may be given without the approval of a faculty advisor or the Associate Dean for Academic Affairs. c. In awarding credit, the faculty advisor or the Associate Dean may rely on a certification from the Editor in Chief that a Board member has substantially fulfilled the duties of his/her position and worked the required number of hours. NOTE: not all editorial board positions receive academic credit. d. To obtain credit for being on the editorial board, a student must complete a form available in the Office of the Registrar/Academic Services. Form of Grade: Pass/Fail.

Students may obtain 2 or 3 credits on a pass/fail basis for serving in a position on the Editorial Board of the Journal of Law and Education; the South Carolina Law Review; the ABA Real Property, Probate and Trust Journal; or the South Carolina Journal of International Law and Business. a. To be eligible to receive 3 credits, an editorial board member must have worked at least 127.5 hours for the journal, excluding time spent researching and writing a note for the journal and time spent participating in a write-on competition. To be eligible to receive 2 credits, an editorial board member must have worked at least 85 hours for the journal, excluding time spent researching and writing a note for the journal and time spent participating in a write-on competition. b. No credit may be given without the approval of a faculty advisor or the Associate Dean for Academic Affairs. c. In awarding credit, the faculty advisor or the Associate Dean may rely on a certification from the Editor in Chief that a Board member has substantially fulfilled the duties of his/her position and worked the required number of hours. NOTE: not all editorial board positions receive academic credit. d. To obtain credit for being on the editorial board, a student must complete a form available in the Office of the Registrar/Academic Services. Form of Grade: Pass/Fail.

This course will address the following topics: (1) limitations upon informal debt collection; (2) attachment; (3) judgment liens; (4) execution; (5) supplementary proceedings; (6) judicial sales; (7) enforcement of UCC Article 9 security interests; (8) creation and enforcement of statutory liens; (9) foreclosure of mortgages on real property; and (10) the priority of conflicting liens and security interests. The course will emphasize South Carolina law, but the law of other States and federal laws will be considered. Basis of Grade: The grade will be based upon written responses to three problems. Each written response need not exceed five pages in length. Form of grade: Letter Grade

Students in this course will be introduced to criminal and administrative sanctions and civil remedies arising out of cybersecurity attacks. The course will cover the most common criminal actions against attackers, civil and administrative actions that encourage potential victims of attacks to better secure their systems against attack, generally accepted standards of care, lawyer duties with regard to client information, and incident reporting requirements. Prior technical understanding is not required to succeed in this course. Students may not take both this course and LAWS 806.

This workshop series (7 classes) is designed to expose students to specific research skills and resources identified by employers in the legal community as necessary for effective and efficient research in any law practice in South Carolina. Individual workshop sessions will be taught by law librarians with particular interests and expertise in the topics covered (see sample topics below), which may change to meet the needs of the legal community. A significant portion of each class session will be devoted to practicing these skills by working on client-focused research problems. Sample Topics: Free & Low Cost Resources; Forms; Practice Aids; Dockets & Finding Experts; Federal Legislative History; Administrative Agency Documents & Local Ordinances; Non-Legal Resources & Multi-State Resources. Basis of Grade: Research problems for each session/Participation. Form of Grade: Letter Grade.

This course will cover the history, jurisdiction, practice elements, specific procedure and evidence rules, customs, access, and protocols of every tribunal within the South Carolina judicial system. A primary focus will be the differences among the courts’ practice, procedure and evidence rules, and structure. A significant portion of the course will include a comparative aspect with other state courts and with federal courts. Students will visit tribunals and attend classroom presentations from practitioners and judicial officers from every level of court in South Carolina. The course will include lectures, practical experiences, observations, and student participation in exercises illustrating the differences in the jurisdiction and practices of the various courts and administrative law venues. Upon completion of the course, the student will understand the operations and history of all South Carolina state courts -- probate, summary, general jurisdiction (civil and criminal), family, administrative, workers’ compensation, and appellate. Basis of Grade: Examination and student participation in practical exercises. Form of Grade: Letter.

This will be a skills heavy course focusing on the litigation of a covenant not to compete and trade secrets case in state court. This type of litigation is extremely fast-paced, with much of the work occurring within a 2 to 3 week period that starts when the client(s) retain counsel and quickly moves through analysis of the substantive issues, factual investigation, counseling the client on that analysis and litigation strategy, the drafting and filing of pleadings, a request for a temporary restraining order, expedited discovery, and, finally, the submission of and hearing on a Motion for Preliminary Injunction. This course will simulate that process, with students performing a somewhat streamlined version of the work of practicing attorneys in this high-profile and important area of the law.

“Mobile first, digital everything,” has become the mantra of modern financial services. As technology revolutionizes financial services, legislators and regulators struggle to apply a pre-digital legal and regulatory regime to modern financial technology (“FinTech”). This course will explore the major categories of FinTech: (i) online lending, (ii) digital payments, (iii) digital assets and cryptocurrencies, (iv) neo-banks and banking as a service (“BaaS”), and (v) wealth and investment management. The course will focus on how FinTech is changing the interpretation of traditional banking laws and regulations, as well as how traditional banking law and concepts are reshaping FinTech. The course will include case studies on novel and emerging FinTech models and provide opportunities for practical application of financial regulatory regimes. The final module of the course will focus on numerous policy implications of FinTech including: (i) the democratization of finance, (ii) whether FinTech magnifies or minimizes access to financial services, (iii) the impact of FinTech on traditionally underserved communities, and (iv) proposed legislation and policies to tackle questions of financial inclusion. Financial services are heavily regulated with a series of overlapping governmental authorities. Recommended courses: LAWS 618 and LAWS 657. Basis of Grade: Case Study on FinTech Company (Short Paper); Presentation on Legal Issue(s) Relating to Case Study (Legal Analysis Memo); Presentation; Memo; Class Participation; Research Paper on Policy Issue (Short Paper); Final Exam. Form of Grade: Letter.

This class will introduce students to advanced concepts in law firm management, including lean systems thinking, process design, visual information management, standardization and automation. Students will also be taught how to set goals and measure key performance indicators. Teaching will be accomplished, in part, by placing the students into a mock virtual law firm (or firms depending on enrollment) and requiring hands-on use of case management software and other automation. The goal of the class is to produce students with practical skills ready for the legal workforce (even if that student is considering solo practice). Basis of Grade: Class participation and team project. Form of Grade: Letter.

A study of the formation, structure, and characteristics of enterprises organized to do business in the corporate form. Areas discussed include shareholder and promoter liability, division of enterprise ownership, powers and control, duties of management, and securities regulation. The course will also briefly examine some basic agency, partnership, and LLC topics. Registration: Second year progression-entry course; 2L priority registration. Students who have taken the three credit hour LAWS 581 in summer school may not register for this course. Basis of Grade: Final examination and class participation. Form of Grade: Letter Grade.

This seminar will examine the constitutional and statutory law that governs U.S. national security policy and practice. The course will examine the Constitution’s allocation of national security authority, the foreign relations powers, and war powers among the three branches of the federal government. The course will focus on specific issues arising from past and ongoing counterterrorism activities including detention, surveillance, interrogation, and targeted killing. In addition, the course will examine how constitutional and statutory authority relates to the role of international law in U.S. courts and the role of courts more generally in establishing boundaries for national security policy. The course will examine court cases, executive memos, and legislative materials. Graduation Requirement: This course satisfies the perspectives course requirement for graduation. Basis of Grade: Final examination or optional research paper with permission of instructor. Form of Grade: Letter.

This course concentrates on project finance as a vehicle to explore general problems of domestic and international corporate finance in the context of a specific infrastructure finance strategy. Project finance refers to the financing of long-term infrastructure, industrial projects and public services based upon a non-recourse or limited recourse financial structure where project debt and equity used to finance the project are paid back from the cash-flow generated by the project (for example, borrowing to finance construction of an electricity generating plant and then repaying said loan from the proceeds of the sale of electricity generated by the facility). The goal is to give you some insight into how transactional lawyers deal with complex contracting and concepts in a sophisticated business practice. Each week there will be a 2 hour theoretical class shared with overseas students via videoconferencing, and a 1 hour local documentation and drafting class. Registration: Course will include video-conferenced guest speakers. An overnight out-of-town field trip may be required. Graduation Requirement: This course satisfies the experiential course graduation requirement. Form of Grade: Letter Grade.

This course examines the distinctive characteristics of family businesses, with a particular focus on their governance needs. To be effective, a legal advisor must appreciate the overlap of family law and business law principles, and we will explore important areas of intersection, including (1) how business succession relates to estate planning, and (2) the potentially adverse business implications of marital divorce. We will also discuss ethical issues involving multiple representation that often arise in the context of family businesses. Finally, the course will take up conceptual and normative questions regarding the definition of family business and the extent to which family values influence business priorities. Basis of Grade: Grades will be based on class participation and a final project, which students will work on in small teams. Form of Grade: Letter:

Financing the Start-Up Business and Venture Capital Financing is a semester-long transaction simulation. The simulated transaction is the formation and initial financing of a privately- held company. It introduces students to the various legal and business considerations involved in forming and operating an early-stage business. The course will examine the deal cycle of a start-up company and expose students to the principal issues involved in counseling entrepreneurs as to their emerging businesses, including choice of entity and entity formation, equity compensation for founders and employees, intellectual property, protection of company assets, capital raising through preferred stock financing, and negotiation of financing-related contracts based on industry- standard models. Students will review and analyze agreements and other legal documents typically used in organizing and financing a start-up business. The course objective is to integrate theory and practice to prepare students for the types of projects and challenges they will confront as lawyers in their early years of a transactional practice. Graduation Requirement: This course satisfies the experiential requirement; must earn a grade of C or better. Basis of Grade: Graded homework and writing assignments are given throughout the semester. A substantial component of the student's grade will consist of class participation. There is no final exam. Form of Grade: Letter.

This is a course in financial economics as applied to legal problems. Topics will likely include economics of valuation (including consideration of risk and return and the capital asset pricing model), the efficient market hypothesis and the accuracy of stock prices more generally (theories, evidence, and limits), the mechanics and economics of the stock market through which firms raise equity capital, the role of stock prices in capital allocation and corporate governance, event studies, option theory, dividends and share repurchases, debt and leverage, and the theory of the firm. Overall, the course can be seen as a financial­ economics-based survey of some of the more prominent advanced-level topics in corporate and securities law. Basis of Grade - Exam performance, with slight adjustments based on in-class participation and performance. Class may involve both a midterm and a final exam. Form of Grade - Letter Grade.

A general review of the securities markets, including private actions and government regulation, with a particular focus on the Securities Act of 1933 and the Securities Exchange Act of 1934. Basis of Grade: Final examination. Form of Grade: Letter Grade.

This class will examine substantive federal criminal law, focusing on both the prosecution and defense of “white collar” crimes. Topics covered will include the various techniques used by federal law enforcement and prosecutors in white collar cases, including: the grand jury process; immunity; search and seizure warrants; subpoenas; the use of taint teams; and wire taps. We will discuss mens rea (the state of mind required for criminal liability) and entity liability. The issues which typically arise during corporate internal investigations will be addressed to include: the attorney client and work product privileges; Upjohn warnings; joint representation and identifying the client. Close examination will also be given to the Fifth Amendment self-incrimination privilege; proffer sessions, plea agreements and federal sentencing. The substantive areas to covered will include but not be limited to: obstruction of justice, perjury, bribery and kickbacks, mail and wire fraud, securities fraud, RICO, tax evasion and money laundering. We will study related issues of prosecutorial discretion and attorney ethics. Emphasis will be given to providing students with the background and tools to reason through practical problems faced by federal prosecutors and white collar practitioners. Basis of Grade: Final examination and Class Participation. Form of Grade: Letter Grade.

This course will provide an introduction to the positive economic analysis of legal problems. Students will be invited to use fundamental principles of economic science to explain legal doctrines. The inquiry, therefore, will not focus on normative aspects of economic analysis, on whether the law ought to promote efficiency. After a brief survey of macroeconomics, the course will address primarily the major common law areas of property, contracts, torts, and criminal law. In general, the course will attempt to demonstrate how fundamental economic concepts, such as transactions costs, externalities, and risk allocation, can help explain the logic of these large bodies of law, difference among them, and long standing principles within each. Depending on the availability of time and the students’ prior exposure to economic analysis in these subjects, the course may cover topics in corporation law and the common law process. Graduation Requirement: This course satisfies the perspective course graduation requirement. Basis of Grade: Final exam. Form of Grade: Letter.

This course focuses on the structure and characteristics of enterprises organized to do business in the partnership, LLC, and corporate form. Areas addressed will include the formation, ownership, operation, governance, and dissolution of the business entity. Substantial emphasis will be placed on the corporate form of business, but comparisons to the partnership and LLC forms will be included. The course will also examine fundamental agency principles important to all business organizations. This course is the foundation course for, and prerequisite for, all upper-level business-law courses, whether focusing on publicly traded entities or businesses owned by only a few persons. Business Associations is not a prerequisite for Agency, Partnerships, & LLCs. Registration: Second year progression course. 2L students have registration priority. Basis of Grade: Exam. Form of Grade: Letter.

The principle focus of the course, however, will be on LLCs, and the issues relevant to starting, operating, and ending LLCs. Since LLC operations are based in large part on partnership principles, we will review some of these and see how they are incorporated into the operation of LLCs. We will consider the duties that LLC members owe to each other and the business. We will worry about when an LLC member may be personally liable for obligations of the entity. The financial operations of the business, and the financial rights of the members are important. In regard to Agency, we will review some of the basic principles you studied in Business Associations and may expand on these, including possible examination of issues involving “Undisclosed Principals,” “Subagents,” “Ratification,” and “Notice.” In regard to all these topics, we will pay particular attention to South Carolina law. Please note that you will be responsible for four projects done during the semester. These will all be graded. There will also be a brief final exam. 1. Project #1. In a group, your group will be responsible for working some basic “accounting” problems and explaining your results to the class. You will be required to “do math”! You will prepare these accounting problems outside of class. 2. Project # 2. Your group will present to both the class and to an actual client, an explanation of some of the risks the client will be faced in forming an LLC. You will be required to prepare and present during class a memo to the client explaining the risks that they may be subject to. We will probably set aside some limited amount of class time for you to work on this project. However, it will require out-of-class preparation. 3. Project # 3. An existing business is considering converting into an LLC. The new LLC will include investors who are interested, along with the business founders, of expanding and modifying the business. Your group will present both to the class and to the founders, a written memo listing key points (with explanations) the founders should consider in adopting this LLC. Another group will present to the class and to the investor group, a similar written memo listing key points (with explanations) the investors should consider in adopting this LLC. We will likely set aside some limited amount of time for you to work on this. However, it will require out-of-class preparation. 4. Project # 4 Essentially the Final Exam. You will individually draft certain specified provisions for the LLC that the folks identified in Project # 3 intend to adopt. You will draft two separate section for each required provision - one favoring the founder group, and one favoring the investor group. This Project # 4 will count the most points for the course. This will likely be assigned the last week of the course and due during the first week of finals. 5. “Brief” Final Exam. The exam will cover those topics that are separate from the planning and drafting of the LLC. Form of Grade: Letter Grade

This course introduces students to the principles of accounting, including the theory and function of the financial statements and sources of authoritative accounting principles. The course studies the areas of accounting that commonly arise in day-to-day legal practice, including: law firm accounting, escrow accounting, internal controls, auditing, materiality, and financial ratio analysis. Other topics may also include partnership accounting, governmental/non-profit fund accounting, inventory accounting, and/or business decision-making topics. Registration: Students with six or more credits in Accounting need special permission from the Instructor to enroll in the course. Basis of Grade: Final Exam. Form of Grade: Letter Grade.

This course examines the major procedural stages of a criminal prosecution from both a theoretical and practical perspective. At any given stage students should pay particular attention to the respective roles, objectives, and strategies of the judge, prosecutor, and defense counsel, and to the sometimes competing legitimate interests of law enforcement and criminal defendants. Principal topics to be covered include: the decision to charge and the issuance of complaints; initial appearance; bail and pretrial release and detention; the probable cause hearing; grand jury, indictment, and information; joinder; criminal discovery; guilty pleas and plea bargaining; speedy trial rights and provisions; jurisdiction and venue; civil forfeiture; double jeopardy; criminal trials and pretrial motions; sentencing, the death penalty, appeal, and post-conviction remedies (particularly habeas corpus). (Sentencing is also studied in greater depth in Sentencing and Correctional Law, to be given in spring 2012.) This course is taught primarily from a nationwide perspective, but as time allows, we may also make reference to practice under the South Carolina law where this state’s procedure varies significantly from other jurisdictions. For students who are contemplating either prosecuting or defending criminal cases in their future careers, this course, in combination with courses in Criminal Procedure under the 4th, 5th, and 6th Amendments (sometimes mistakenly called “Constitutional Criminal Procedure,” because a solid understanding of constitutional requirements is equally vital to both courses) and Sentencing and Correctional Law, provides a comprehensive nine-credit upper level study of criminal practice. However none of these courses is a prerequisite for the others, and any of these courses may be taken by any student regardless of future career interests. Basis of Grade: Final exam. Form of Grade: Letter.

A consideration of some of the problems under international, foreign, and domestic law that American business may encounter in doing business abroad, in selling products for export, and in competing in the U.S. with imported goods. Particular emphasis is given to the transactions and mechanics of international trade and finance, the international settings, including both GATT and bilateral agreements, and national regulation of import and export trade and foreign investment. Basis of Grade: Exam. Form of Grade: Letter Grade.

An analysis of secured transactions under Article 9 of the Uniform Commercial Code. Topics to be considered include creation, perfection and priority of security interests; the impact of bankruptcy on secured transactions; and default foreclosure. Basis of Grade: Group problems and exercises; Final exam. Form of Grade: Letter Grade.

This course examines the rules governing transactions in which personal property and fixtures are used as collateral to secure an obligation. The primary source of authority is Article 9 of the Uniform Commercial Code, but students will also be introduced to other applicable laws, including primarily the U.S. Bankruptcy Code. This body of law addresses not only the rights of the debtor and creditor inter se but also the rights of third parties with an interest in the collateral. Registration: Students in enrolled in this course cannot take LAWS 615, Secured Transactions. Basis of Grade: Final Exam. Form of Grade: Letter.

This course concerns the regulation of capital markets: the New York Stock Exchange, NASDAQ, and the wide variety of other institutions devoted to the trading of securities. Capital markets perform important social functions: providing liquidity for investors and incorporating information into prices, which in tum serve as vital guides to real economic activity. The effectiveness with which capital markets perform these functions and their costs of operation are determined in significant part by the rules governing the persons who operate, and trade in, these markets. The course will begin with a consideration of major domestic and transnational capital market institutions. It will then address the economic theory that explains how capital markets operate (market-microstructure economics) and the incentives that motivate their various players. These beginning segments lay the groundwork for a more informed discussion of the substantive law that governs capital markets. Specific regulatory areas to be considered include the rules relating to (1) transparency: who knows (and when) the prices at which securities are being offered and sold (the “ask quotes”) and the prices at which actual trades occurred, (2) a broker’s execution of a customer’s orders, (3) dealers transacting directly with retail customers, (4) market making more generally, (5) trading system alternatives to the NYSE and NASDAQ, (6) trader behavior including manipulation, short selling and insider trading. The course, with its focus on persons who operate or trade in capital markets, should be distinguished from Securities Regulation, which is devoted primarily to the regulation of the behavior of the firms that issuer securities and their agents in connection with the primary offering and secondary trading of their securities. Basis of Grade: Exam performance, with slight adjustments based on in-class participation and performance. Class may involve both a midterm and a final exam. Form of Grade: Letter.

The seminar will cover the following commercial law topics: (1) financing secured by corporate securities and LLC membership interests; (2) financing secured by security interests in intellectual property; (3) the federal tax lien; (4) letter of credit transactions; and (5) asset securitization. Registration: Course does not satisfy the graduation writing requirement. Basis of Grade: Written responses to problems and drafting exercises. Form of Grade: Letter Grade.

A survey of federal and South Carolina consumer protection statutes, common law remedies, and enforcement in unfair and deceptive advertising and other sales practices, credit reporting and other disclosures, subprime consumer lending, mortgage lending and servicing, debt collection, landlord-tenant law, telephone privacy law, and arbitration. Basis of Grade: Class participation; writing assignment; class presentation. Form of Grade: Letter Grade

This course will teach students about the legal issues concerning persons with disabilities in the workplace, the legal protections provided them by federal and state statutes, and the challenges facing employers seeking to comply with these statutory duties. The EEOC receives tens of thousands of disability discrimination complaints each year. The opioid crisis and the development of COVID-related disabilities have expanded the complexity of this area of law. This course involves substantial out-of-class preparation for required class preparation. In addition, each student will write a memorandum of law or a research paper of at least 20 pages; students electing 3 credits will write a paper of at least 30 pages. All students will participate in individual topic conferences, outline conferences, and rough draft conferences. The course can also satisfy the graduation writing requirement if taken for 3 credits and the student writes a paper of at least 30 pages in length and earns a grade of “C” or better. This course meets the Perspectives standard as it discusses the laws and legal issues concerning persons with disabilities in the workplace and in the context of the broader disability rights movement.

This course will explore the ways in which laws and regulations surrounding business activity impact the social contributions of businesses. The course will cover theoretical perspectives on the social role of businesses, comparative approaches to improving the social impact of businesses both in the US and abroad, and case studies of business’ positive and negative social contributions. Readings will come from a variety of sources, including chapters from books, journal articles, case studies, and news articles. Class meetings will center on discussion by all members of the class of the week’s readings. The semester will end with presentations of students’ written work. Graduation Requirement: Course satisfies the perspective graduation requirement. Course can also satisfy the graduation writing requirement if taken for three credit hours. Must earn a grade of "C" or better if completing for the writing requirement. Basis of Grade: Students will write one 15-20 page paper if they enroll for 2 credits or one 30-50 page paper if they enroll for 3 credits. All students will submit one substantial draft and give a presentation of their paper during in-class workshops. The final paper, including submission of a substantial draft, will constitute 50% of the students’ grades, participation will constitute 30% and the final presentation will constitute 20%. Form of Grade: Letter Grade.

This course is a seminar focusing on a comparison of employment discrimination laws in the United States and abroad. Students examine timely issues under the American legal system and compare the American approach to these issues with that of foreign-based systems. Through this comparative approach, students will examine critically the American system of employment law primarily as it exists under Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act, and Title I of the Americans with Disabilities Act. Graduation Requirement: This course satisfies the perspective course requirement. It satisfies the graduation writing requirement if taken for 3 credit hours. Basis of Grade: Paper, oral presentation, and class participation. Form of Grade: Letter.

This course is designed to provide a broad overview of the federal legislation which prohibits employment discrimination on the basis of race, color, religion, sex, national origin, age, and disability. The course also examines the prohibitions against retaliation in the workplace. The course explores the basic frameworks for how claims of intentional and unintentional discrimination are analyzed. The course also examines how employment discrimination statutes are enforced, and the remedies available in these types of cases. Basis of Grade: Final examination and class participation. Form of Grade: Letter Grade.

This seminar course is designed to introduce students to the law and social policy ideas underlying American public benefits programs. The course is comprised of three units. To build foundational understanding, the first unit covers the purpose and structure of the Social Security retirement and disability systems, means-tested benefits programs, and veterans’ benefits. The second unit layers in theory, introducing major conversations in American social welfare policy: deservingness, due process, and the role of the family, privacy, and social control. The third focuses on common sites of interaction between lawyers and public benefits systems, touching on federalism and state control, mass adjudication in the administrative state, and public rights litigation and judicial intervention. Throughout the course, students will consider how class, gender, race, immigration status, and disability shape policy and procedure. Students will read and discuss core case law and secondary materials exploring and critiquing contemporary social programs. Prior exposure to administrative and constitutional law is helpful. Graduation: This course satisfies the perspective course graduation requirement. It also satisfies the graduation writing requirement if taken for 3 credits and the student writes a research paper of at least 30 pages in length meriting a grade of “C” or better. Basis of grade: The student’s grade will be based on either service as “lead discussant(s)” for one class for students taking the course for 2 credits, or for an in-class presentation on their research for students taking the class for 3 credits. Another portion of the grade will be based on the quality of class participation throughout the seminar. Finally, the grade will also be based on three response papers of 6-8 pages each for students taking the course for 2 credit hours, or a research paper of at least 30 pages for students taking the course for 3 credit hours. Form of grade: Letter grade.

This course will address the basic principles and labor protections found in the National Labor Relations Act (NLRA). The NLRA – and the foundations of labor law generally - address various aspects of collective activity, including the right to organize and join labor organizations, and the regulation of strikes, boycotts and picketing. Additionally, this course will examine the timely issues of labor law, and explore the direction that this field is heading. Basis of Grade: Final examination, class presentation and class participation. Form of Grade: Letter Grade.

This course will examine the legal framework and criteria that govern who can legally enter, reside, and become a citizen in the polity of the United States, a country that has attracted large numbers of immigrants throughout its history and continues to do so today. Drawing on the Immigration and Nationality Act, attention will be paid to judicial, legislative, and regulatory construction of those provisions of immigration law relevant to defining who is allowed into the United States and in what category, who may be removed, and the more recent focus on security/terrorism concerns and immigration as a political issue. Basis of Grade: Final examination. Form of Grade: Letter Grade.

In this class, students will follow a simulated immigration case from beginning to end. The class will examine the common issues that undocumented immigrants face during deportation proceedings and learn the skills and defenses immigration attorneys use to represent undocumented immigrants seeking to challenge their removal. In addition, the class will also address how other legal issues pertaining to areas such as family law or criminal are complicated by a client’s immigration status. Students in the class will be expected to draft various immigration documents and will be graded on these assignments. Lastly, throughout the semester, immigration law practitioners will be invited to share their expertise and experience with the class. Graduation Requirement: Satisfies the experiential course graduation requirement, must earn a grade of C or better. Basis of Grade: Written exercises. Form of Grade: Letter Grade.

Over 95% of all legal disputes are resolved outside of the courts. This course will explore how most of those disputes are resolved. It will provide an overview of the main Alternative Dispute Resolution (ADR) processes: negotiation, mediation and arbitration. Each of these processes will be critically examined, through a combination of assigned readings, interactive role-play exercises, and possibly guest presentations. The primary goal of the course is to expose students to the theoretical and practical fundamentals of ADR, including when and how to effectively use these processes in a professional setting. The second goal is to impart an understanding of the ethical and legal implications of ADR processes. Students will leave this course with a basic competency in some key lawyering skills, including communication, negotiation and representing parties in various ADR fora. Graduation Requirement: This course satisfies the experiential course graduation requirement, must earn a grade of C or better. Basis of Grade: Students will be graded on contributions to general class discussions; performance in a negotiation simulation; performance in a mediation simulation. Note that attendance and class participation will be significant parts of the assessment. Form of Grade: Letter Grade.

Legislatures and courts have steadily increased regulation of employment relationships in recent decades. The new regulations consist of a mixture of contract, tort, criminal, and administrative law. This course explores those developments, and we will study many of the statutory and common law rules governing the establishment and termination of the employment relationship and regulating the conditions of employment. Given the breadth of the subject matter, Individual Employment Law will be useful for students considering general practice or corporate law as well as those planning to practice labor and employment law. Basis of Grade: Final examination and class participation. Form of Grade: Letter Grade.

This course addresses issues related to the legal status of childhood and the parent-child relationship, including: the foundations of parental authority over children, the foundations of the state's parens patriae authority to intervene in family life, the allocation of authority to make decisions concerning children, child abuse and neglect, the child protection legal system, and family courts and executive branch agencies which administer relevant areas of law. Basis of Grade: The grade will be based on the student' s attendance, class participation, and performance on one or more examinations or other written assignments. Form of Grade: Letter.

Animal law is a diverse, exciting, and rapidly expanding area of the law. This course takes a horizontal approach to exploring animal law by viewing it through the lens of more traditional legal fields. Students can expect to explore areas such as legal history, common law, statutory law, torts, wills and trusts, contracts, family law, and criminal law. In doing so, the course will illuminate the ways that animals are positioned within the legal system and highlight key developments in the field of modern animal law. The course will also emphasize the public policy behind the various facets of animal law and students can be prepared to discuss what the law should be, and what place animals should have in it. Basis of Grade: Written assignments. Form of Grade: Letter.

Basic concepts of income taxation of individuals; gross income, adjusted gross income, applicable deductions, credits, gains and losses and nonrecognition transactions. Examination of concepts of capital gains and losses, including questions of basis, nonrecognition in certain exchanges and carry-over of losses. Registration: Second year progression-entry course; 2L priority registration Basis of Grade: Final examination, problems as announced in class and class participation. Form of Grade: Letter Grade.

This course will include a survey of the substantive topics about which a lawyer should have at least a basic understanding when representing an older client, a client with special needs, or a family member of an elder or a person with disabilities who is in need of protection. Some of the subjects included will be long term care planning; basic estate planning; advance directives; powers of attorney; Medicaid, Medicare and other government benefits; guardianship and conservatorship. The course will also address the many ethical issues which the attorney must resolve in the process of representation. Practical guidance, using both hypothetical and real life examples and sample forms, will be provided. Basis of Grade: Quizzes, writing assignments, class participation and attendance. Final exam. Form of Grade: Letter Grade.

Federal income taxation of corporations and shareholders. The course will deal with the organization of a corporation; its’ original capital structure; dividends and other non-liquidating distributions; and liquidations. Special emphasis is placed on the problems of the close corporation. Basis of Grade: Final examination and class participation. Form of Grade: Letter Grade.

An examination of the classifications, organization, operation, and dissolution of partnerships for federal income tax purposes; basis of partnership interests; determination of partnership income; sales of partnership interests; death and retirement of a partner. Basis of Grade: Final examination. Form of Grade: Letter Grade.

This seminar examines the legal, political, sociocultural, and economic considerations involved in the formulation and implementation of tax policy. Early weeks of the course will explore foundational concepts that provide the metrics by which we evaluate tax policy: simplicity, efficiency and equity. The course is inherently interdisciplinary. Students will engage with philosophy by tackling concepts such as redistributive theory that support or challenge progressive taxation and economic theory on what makes “good” tax policy. After building a foundation with which to evaluate tax law and policy, the course will explore different topics in tax policy, including, but not limited to: the taxable unit, wealth inequality and income redistribution, tax expenditures or subsidies, tax and environmental policy, critical tax theory, and double taxation of corporations. Graduation Requirement : Satisfies perspective course graduation requirement. This course will satisfy the graduation writing requirement if taken for three (3) credit hours and must earn a grade of C or better. Basis of grade: Class participation and multiple five page persuasive essays based on materials covered in class. Each writing assignment will require the student to argue for or against a given issue, proposed or current provision. Form of Grade: Letter.

One of the United States’ most important contributions to conservation efforts worldwide is the idea of land owned by the public and open to use by the general public. In 1872, Congress created the first national park (Yellowstone). Since that time, Congress (and the states) have passed legislation creating types of public lands meant to serve a variety of public purposes. This course examines the history of public lands law, the modern-day statutes and regulations that govern how the public can use its public lands, and the important cases in which courts have interpreted those rules. Basis of Grade: The grade will be based on a midterm and a final. Form of Grade: Letter.

A study of the tax systems of state and local governments. We will consider federal Constitutional and statutory restrictions on the ability of state and local governments to enact taxes, state restrictions on the ability of local governments to enact taxes, state income taxes, sales and use taxes, and property taxes. Special attention will be paid to policy; comparing and contrasting South Carolina law to laws of other states and federal income taxes; and comparing the Unites States’ treatment of international transactions to the states’ treatment of multi-state and international transactions. Registration: A student who registers for 2 hours may elect to write a paper or complete a take-home exam; the course will satisfy the graduation writing requirement if taken for 3 credit hours, must earn a grade of C or better. Basis of Grades: paper or take-home exam for 2 credits, and class participation. Form of Grade: Letter grade

Disposition of property upon death by intestacy, by will and by will substitute, including consideration of the related problems of limitations upon the testamentary power and contests of testamentary disposition; interviews disposition of property by gift and trust; brief survey of administration and probate. Registration: Second year progression-entry course; 2L priority registration. Basis of Grade: Final examination. Form of Grade: Letter Grade.

This course addresses how property passes when a person dies intestate or with a will. In addition, the creation, administration, and enforcement of trusts will be discussed. Registration: Students enrolled in this course cannot take LAWS 641, Wills, Trusts, and Estates. Basis of Grade: Mid-term Exam; Final Exam; Discussions and Assignments (Class Participation). Form of Grade: Letter.

Income taxation of trusts, estates, and gifts including the tax treatment of the decedent’s final return, grantor trusts, income in respect of a decedent, interviews, testamentary, and charitable trusts, fiduciary accounting, accumulation trusts under the throw-back rules. Basis of Grade: Final exam and class participation. Form of Grade: Letter.

This course will cover the fundamental concepts and terminology of federal bankruptcy law. The course will provide the background necessary for students interested in specializing in bankruptcy and those with other practice interests who wish to become more marketable in a competitive job market. Students will learn to recognize common insolvency issues and to develop strategies for resolving such issues in both consumer and commercial bankruptcy cases. Some class time will be reserved for visits from legal professionals in the community, who will share their experiences in legal practice, including the field of bankruptcy law and other specialties, and offer advice to students about practicing law during this time of recession. Class time will also be reserved for students to attend court hearings during the semester which will require meeting outside of the regularly scheduled time. Registration: LAWS 615 recommended. Basis of Grade: Final examination. Form of Grade: Letter Grade.

An examination of the American banking system. Topics will include federal and state regulation of traditional banking activities, regulation of bank ownership, geographic expansion, non-banking activities, securities activities, antitrust issues, bank supervision, consumer protection, and banking operation issues. Basis of Grade: Students will complete a series of workshop assignments.  The final grade will be comprised of classroom participation, a final white paper, and an oral presentation. Form of Grade: Letter.

Survey of the probate of wills, the appointment of Personal Representatives of decedents’ estates, the administration of decedents’ estates (duties and powers of Personal Representatives), and the administration of trusts generally (duties and powers of Trustees). South Carolina emphasis. Basis of Grade: Final examination, attendance and class participation. Form of Grade: Letter Grade.

This course covers the law of restitution, which imposes liability based upon unjust enrichment. In contrast to contract law, which imposes liability for harm caused by a defendant’s failure to perform as promised, and tort law, which imposes liability for losses caused by a defendant’s wrongful conduct, restitution imposes liability for gains unjustly received, regardless of whether the defendant’s conduct, wrongful or otherwise, caused the enrichment. Claims of restitution sometimes arise in situations that also involve tort or contract claims. However, because liability in restitution is founded upon the defendant’s benefit and not the plaintiff’s harm, it can address problems that other areas of law cannot. Graduation Requirement: If taken for 3 credit hours, the student must earn a grade of C or better to satisfy the graduation writing requirement. Basis of Grade: The grade will be based on a final exam, if the two-credit option is selected, or a research paper, if the student selects the three-credit option. Form of Grade: Letter.

Analysis of principles and application of federal estate and gift tax law, regulations and rules effecting (1) various methods for interviews and testamentary transfers including consideration of typical estate planning devises such as gifts, wills, trusts. Insurance, and other death benefits, (2) post-mortem planning, and (3) drafting techniques. Basis of Grade: Exam. Form of Grade: Letter.

Commercial (practice) software will be used to prepare estate planning documents. The drafting assignments will include simple wills, wills for couples with minor children, wills and trusts that include provisions for the estate marital deduction and GST taxes, health and financial powers of attorney, as well as drafting for the South Carolina elective share. Other issues covered will include consideration of client competence, preparing for will contests, and ethical issues for estate planners. If time permits, the class will draft irrevocable life insurance trusts. Students will work on projects in teams of 2-3. Registration: LAWS 633 is recommended. Graduation Requirement: This course satisfies the experiential course graduation requirement, must earn a grade of C or better. Basis of Grade: Exam, drafting projects, class participation and attendance. Form of Grade: Letter.

A study of regulation of land use. Topics include zoning, subdivision regulation, and takings. One emphasis of course is on practice in the area. To accomplish this goal, class methodology will include use of problems, based on South Carolina law and on the City of Columbia Code, that will be worked on in teams. In addition, students will be required to attend a total of four meetings of councils/commissions during the semester. Registration: Attending the Four Councils/Commissions meetings may require missing a class/classes in other courses. Basis of Grade: Final examination and class participation. Form of Grade: Letter Grade.

This is a course on the substantive law of real estate transactions. The course will cover a broad range of topics and issues related to real estate transactions, both residential and commercial, focusing on provisions typically found in real estate contracts and how those contract provisions manifest themselves in actual transactions. The course will also include a focus on various topics designed to provide a working knowledge of concepts and issues often encountered in a real estate practice. Basis of Grade: Final Examination (Primarily), Class Projects, and Class Participation. Form of Grade: Letter Grade.

An in-depth analysis of advanced level real estate planning and transactional matters with an emphasis on problems, techniques, and solutions. Course coverage may include residential closings (including condominium and planned unit developments), commercial closings, and commercial leases. Course material will also include examination of consumers’ rights in real estate matters, of financing problems and techniques, and of problems and techniques of dealing with default by various parties to the transaction. Graduation Requirement: This course satisfies the experiential course graduation requirement, must earn a grade of C or better. Basis of Grade: Projects and class participation. Form of Grade: Letter Grade.

This course is an introduction to the laws that govern the sale of goods and the means by which parties satisfy obligations by payment. The course primarily examines rules and principles codified in Articles 2, 3, and 4 of the Uniform Commercial Code regarding goods transactions, the use of checks and other negotiable instruments as a payment system, the collection process, and the process for allocating losses. Through statutory and case analysis and problem solving, students will develop skills in planning for and resolving disputes involving these issues, as well as the critical skills necessary to evaluate the goals and implications of these laws. Registration: This course is recommended for 2Ls. Basis of Grade: Final examination. Form of Grade: Letter.

Regulating products that account for approximately 25 cents of every consumer dollar expended in the United States annually, the Food and Drug Administration (FDA) is central to protecting and advancing the public health. FDA regulates food, drugs, biologics, medical devices, cosmetics, and tobacco products. This course will examine FDA’s regulation of these products, focusing on the regulation of human food and human drugs (prescription and OTC). It will examine the substantive law as well as FDA’s enforcement power, practice, and procedure. This course will explore the historical development of food and drug law as well as contemporary issues and examine the public policy considerations which have shaped the law. Basis of Grade: Examination, Paper, Presentation, and Class Participation. Form of Grade: Letter.

Students will represent clients in cases presenting problems in civil Federal litigation. The casework will focus on problems of pleading, discovery and motion practice in the Federal Courts. Caseload will be limited and students will work on cases in teams under the supervision of clinical faculty; all aspects of client representation will be closely supervised. A one hour per week classroom component will address specific procedural and substantive problems in the context of individual student cases. Group discussion and decision-making will be employed to expose all students to the problems presented by the various cases. Registration: Subject to Client Contact Clinic Lottery. This course satisfies the skills course graduation requirement. Basis of Grade: Performance on casework, class attendance, preparation and participation. Form of Grade: Letter Grade.

This course is an introduction to the laws that govern the means by which parties satisfy obligations by payment. The course considers the legal and economic implications of the use of checks and other negotiable instruments as a payment system, including the collection process and loss allocation principles under Articles 3 and 4 of the Uniform Commercial Code. The course also covers federal regulation of funds availability, credit cards, electronic funds transfers and wholesale wire transfers. Basis of Grade: Final examination. Form of Grade: Letter Grade.

This seminar prepares students for the work of designing, building, and working within complex institutions. Drawing on ideas from political science, law, history, economics (especially the economics of public choice), and social welfare, the seminar will focus on the often paradoxical and surprising reasons why institutions become co-opted, inefficient, unrepresentative, or otherwise fail to achieve their goals (and ways to avoid or prevent such failures). The course will examine institutions including legislatures, multi-member courts Like the Supreme Court), corporate boards, and administrative agencies. In considering case studies of possible institutional failure, the course will also examine how to design institutions to succeed. Students will read and discuss both theoretical texts and primary documents, including legislation and judicial opinions. Registration: This course satisfies the perspective course graduation requirement. Basis of Grade: Class participation and response papers. Form of Grade: Letter.

A study of the role of the federal courts in the operation of the federal system. The course is designed to cover the constitutional and statutory role of federal courts, including their relationship to other branches of the federal government, the interplay of federal and state law, and the distribution of judicial power between federal and state courts. Specific topics to be covered include, Congressional Power to control Federal Jurisdictional, supplemental and Removal Jurisdiction, Jurisdictional Amount, State Sovereign Immunity, Absention, the Anti-Injuction Act and current Concepts of Federalism. If time permits, the course will also cover Habeas Corpus and Civil Rights Removal. Basis of Grade: Final examination. Form of Grade: Letter Grade.

This advanced constitutional law course will build on constitutional equality doctrines introduced in the first-year course, exploring them in more depth and in different contexts. Examples of these topics may include equal protection doctrine as applied to state-created definitions of race and sex; equal protection and affirmative action for men; recent developments in free exercise doctrine; and transgender and sex equality claims under equal protection, due process, and the First Amendment. The course will also introduce topics that are not covered in the first-year course, which may include constitutional sources for the abortion right, beyond substantive due process and equal protection; the Thirteenth Amendment as a source of racial equality; amending the Constitution for equality; how different interpretative methodologies affect equality claims; and the limits of constitutional law to pursue equality in law and society. Graduation: This course satisfies the perspective graduation requirement. Basis of Grade: Class participation and final exam. Form of Grade: Letter grade.

This course provides a comprehensive overview of the law and theory of state constitutions. Course topics include the framing of state constitutions; federalism; state constitutional rights; state governmental powers; the structures of state government; and state constitutional change; along with unique issues in state constitutional interpretation. Each of these topics will be addressed in two ways: (1) through comparison of the treatment of the topics among different state constitutions and with the federal Constitution; and (2) through focused examination of the topics as they are presented in the South Carolina Constitution and interpreted in South Carolina caselaw. Basis of Grade: Final exam. Form of Grade: Letter.

Though often maligned and misunderstood, Islamic law is one of the longest enduring and most widely subscribed systems of law in the world. This course will give students a firm grounding in the sources, principles, concepts, and terminology of Islamic law as well as an in-depth review as to its history and role in the contemporary era. Students will gain practical insights into the sources and constructs of this religious-based legal system, including the substantive difference between Islamic Shari’ah and Islamic jurisprudence, as well as an in-depth analysis of the Qur’an, the Tradition of the Prophet Muhammad, as well as the various rational constructions devised by jurists and eminent legal scholars, the Islamic schools of law, differences between Shi’i and Sunni Islamic law, the historical demise and the modern resurgence of Islamic law, and Islamism as well as examination in the context Islamic fundamentalism, the law of war and modernism. Finally, students will gain an in-depth understanding of selected aspects of Islamic constitutionalism, Islamic criminal law, and how classical and contemporary Islamic law comports with international human rights law as well other contemporary issues. Basis for grade: 85% final exam, 15% participation. Form of grade: Letter.

An introduction to litigation theory and strategy through analysis of the various kinds of relief that may be obtained in the courts. Readings and problems will be used to analyze the difference among the various remedies, the theories upon which they are based, and their appropriateness in protecting specific legal interests. Problems of choice among remedies will be emphasized as a key factor in practical litigation strategy. Basis of Grade: Final examination. Form of Grade: Letter Grade.

This course explores the law and policy governing use and conservation of natural resources, such as forests, minerals, water, and wildlife. Natural resources laws and policies must balance conservation, environmental objectives, economic development, recreational use, and other priorities among various groups of users and between current and future generations. In doing so, they incorporate insights from science, economics, politics, and ethics. While legal regimes differ greatly, similar issues arise on both public and private lands. In studying this body of law, the course will focus on a single ecosystem - forests, particularly privately-owned forests in the Southeast US. This focus allows the wide variety of relevant legal tools to be explored in a consistent context, and avoids substantial overlap with courses covering specific areas of natural resources law (such as Water Law and Energy Law). The theories and doctrines studied will, however, have applications beyond forests and beyond the Southeast. In particular, we will study the National Forest Management Act, Endangered Species Act, and common law doctrines such as trespass, nuisance, and easements (including conservation easements). As part of our study, we will also examine theories of natural resources problems, including the tragedy of the commons, and solutions, including regulation and privatization. The course is relevant and useful for students interested in environmental law as well as private real estate practice - the course will consider the implications of natural resources law for both long-term environmental goals and individual land transactions and management practices. Registration: Students who have taken LAWS 684 may not enroll in this course. Basis of Grade: Class participation, short writing assignments, and final exam. Form of Grade: Letter.

This course focuses on the law of international trade, sometimes also called international economic law, which is a specialized area of public international law of growing importance because of economic groupings like NAFTA (representing a regional free trade area approach) and the WTO (representing the worldwide multilateral free trade approach) as well as foreign direct investment law. The world is in the early stage of another multilateral trade liberalization round (aka the Doha Round), and beyond existing law we shall look at how things are shaping up. This course will be taught using website materials (no book). This will be a shared video conference course taught together with foreign universities to make you work through trade law problems together with foreign students. Graduation Requirement: This course satisfies the perspective course requirement. It may be taken for 3 credit hours and satisfaction of the graduation writing requirement with the prior permission of the instructor, must earn a grade of C or better Basis of Grade: Paper. Form of Grade: Letter Grade.

Environmental concerns transcend national borders, but present distinctly different issues to differing groups of countries in an area where soft law predominates. This course looks at the nature of the international law process in the area (with its limited number of treaty and substantive law principles), economic perspectives on natural resource usage, state sovereignty and abiding tensions between industrialized and developing countries concerning pollution problems (beyond prohibitions, to technology transfer and the who pays question). Since established law is minimal, this course examines the public international law framework for international environmental law de lege ferenda. Registration: An overnight out-of-town field trip may be required. Graduation Requirement: Satisfies the Perspective Course requirement. Students may elect to satisfy the writing requirement, if taken for 3 credit hours with instructor’s permission. Must earn a grade of C or better if taken for the writing requirement. Basis of Grade: Final examination and tutorials or paper. Form of Grade: Letter Grade.

This course will explore the intersection between technology and criminal law. The course will begin with key terms and concepts that build upon the students’ knowledge of criminal law and procedure. It will then divide the class into groups and examine the way technology intersects with the various phases of a single hypothetical criminal case, including pre-indictment investigation, post-indictment discovery obligations, and trial. In the pre-indictment phase, students will decide which technological tools would be appropriate to further the investigation, discuss the legal concerns governing those tools, and take the appropriate actions to employ those tools. In doing so, the students will learn when and how to use tools like search warrants, subpoenas, and court orders to seek electronic information. Students will also learn the pitfalls surrounding these issues, such as when a subpoena may be used instead of warrant, how to understand and work with electronic providers who notify subscribers about electronic data requests, and how to practically sort, store, and review such information. In the post-indictment phase, students will examine how our obtained information must comply with disclosure obligations such as Brady, Giglio, and Jencks. Students will discuss how to conduct electronic discovery in a criminal case. This will dovetail into a discussion about potential issues in the admissibility of electronic evidence at trial. As an example: how does one admit a Facebook post when the putative poster is the Defendant who cannot be called to authenticate the posting? The course will conclude with a discussion of how to effectively use the modern smart courtroom to present this electronic evidence. It is anticipated that we will have guest speakers throughout the semester to discuss the real-life issues presented throughout the course, including criminal defense lawyers, federal agents, forensic analysts, and federal magistrate judges. (This will vary based on the schedules and availability of potential guest speakers.) Although students will work through this case from a prosecution perspective, such a perspective is critical for either side of a criminal case as it will highlight both the prosecutor’s ethical obligations and provide the necessary understanding of the criminal investigative process for effective criminal defense. Further, the course will focus on federal criminal law, and the hypothetical case will take place in the District of South Carolina. Graduation Requirement: This course satisfies the perspective graduation requirement. Basis of Grade: All students will be graded on a series of short assignments, an in-class presentation, class participation, discussion questions and responses, and a final paper of at least 5000 words (approximately 20 double-spaced pages in Times New Roman) conducting an analysis of technology as applied to current issues in criminal law. Form of Grade: Letter.

This seminar examines a difficulty at the heart of the Constitution’s commitment to liberty: how can we reconcile majority rule with individual rights? That is to say, how can we curtail our ability to govern ourselves as part of a community or our right to be free of interference in how we choose to live our own lives without sacrificing an important part of our freedom? To see whether there is any principled basis for limiting either collective judgment or individual liberty, students will review some of the more prominent arguments of political philosophy, paying particularly close attention to the writings of two great champions of liberty, John Stuart Mill and Isaiah Berlin. They will then examine competing conceptions of liberty as they relate to a number of specific legal topics, which may include the following: whether a patient has a right to assisted suicide; the ability of the majority to regulate or forbid certain sexual practices; the arguments for and against campaign finance reform; and the role of the business corporation in a free society. Graduation Requirement: This course satisfies the perspective course requirement, but does not satisfy the graduation writing requirement. Basis of Grade: Response papers, class participation, and final paper.

A study of the structure and theory of the U.S. Constitution as described in the organic laws and founding documents without the judicial exegesis. Specifically, we will examine the Colonial Charters; The Declaration of Independence (1776); The Articles of Confederation (1777); the Treaty of Paris (1783); The Northwest Ordinance (1787); Madison’s Notes on the Philadelphia Convention (1789); the Proposal of the 11th Amendment by the Third Congress (1794); and the Virginia and Kentucky Resolutions (1798). The founders’ ideas of self-rule, federalism, separation of powers, and man’s relation to society will be traced back to Enlightenment writers such as Hume and Montesquieu and developed through the writings of Thomas Jefferson, James Madison and John Adams. Registration: Students who have enrolled in LAWS 835 may not also enroll in this course. Graduation Requirement: Satisfies perspective course graduation requirement. Basis of Grade: Paper. Form of Grade: Letter Grade.

This seminar will compare the nature and role of judges throughout the world in supporting and protecting the Rule of Law, focusing on judicial ethics and independence and investigating the influence of various methods of selecting judges and holding them accountable. It will cover the American Bar Association Model Code of Judicial Conduct, judicial disciplinary procedures, various methods used throughout the United States to select judges and to review judicial performance, as well as constitutional and policy issues arising from the tension between judicial in- dependence and the roles of the executive and legislative branches of government and the electorate in the process of selecting judges and in extending their tenure. Additional insights will be sought from the way these issues are dealt with in other countries, correlating those insights with the Rule of Law Index. Registration: Students who have taken Comparative Seminar on Judges may not also take this course. Note: This course satisfies the perspective course requirement and the graduation writing requirement, must earn a grade of C or better. Basis of Grade: Class participation and a seminar paper. Form of Grade: Letter.

Preparation and presentation of various kinds of evidence, including: proof of writings; qualifications and examination of witnesses; privilege; opinion testimony; demonstrative, experimental, scientific evidence; determination of relevancy; and application of the hearsay rule. Registration: Second year progression course; 2Ls have priority registration. Basis of Grade: Final Exam. Form of Grade: Letter Grade.

This is a survey course on public health law, including course coverage of relevant areas in constitutional law, administrative law, torts, taxation, public health ethics. The course is designed to provide students with an understanding of the legal framework for how governing bodies and private entities protect the public health and the processes for resolving disagreements in this area. Basis of Grade: The grade will be determined by an exam given at the end of the semester. Form of Grade: letter.

This is a survey course in Health Law and Policy that focuses primarily on the business of health care and the laws that impact health care business enterprises, including the tax laws governing tax-exempt health care organizations, antitrust laws, and fraud and abuse laws. The course will also examine how health care is funded and regulated through both private and public insurance, including Medicare and Medicaid, as it relates to fraud, abuse, etc. While this course builds on Health Law and Policy 1 (LAWS 676), that course is recommended but not required. Basis of Grade: The grade will be determined by an exam given at the end of the semester. Form of Grade: Letter.

All great trial lawyers enjoy a mastery of the law of evidence, both its academic theory and its practical strategy. This course puts students on the path to that mastery by teaching the advanced academic theories of evidence, and by instilling the habits and principles of sound strategic thinking about real evidence problems. Students will learn to analyze complex evidentiary issues correctly, using the conceptual structure of the law of evidence. Graduates of this class will be able to recognize and solve evidence problems with the highest level of structured academic analysis, complemented by an instinctive knack for practical courtroom strategy. Basis of Grade: Examination. Form of Grade: Letter.

This introductory health law and policy course surveys current regulatory schemes governing the provision of healthcare. The class focuses on major themes such as quality of care, access to care, cost containment and the role of the public health. The goal of this course is to familiarize students with the laws and recurrent policy concerns that arise in health law by analyzing a broad spectrum of health law areas. Areas studied include malpractice, the provider-patient relationship, informed consent, the regulation of healthcare facilities, the regulation of health insurers and managed care providers, Medicare/Medicaid, and the power of the state during a health emergency. Basis of Grade: TBA. Form of Grade: Letter.

The subject matter covered in this intensive course will include direct, cross and redirect examination; impeachment; opening statements and closing arguments; evidentiary foundations; and expert witnesses. Students will be immersed in the actual performance of all phases of the trial. Participants will learn under the guidance of experienced trial lawyers and judges in a simulated courtroom environment. For ten days, students will devote full time to this course developing their skills in actual trial work. In the last phase of the course, students will be assigned to two person teams and conduct a full scale trial. Note: This course satisfies the skills course graduation requirement. It also offers an excellent opportunity for trial skills preparation for students participating in the Mock Trial program, but all students who have satisfied the pre-requisite may enroll. Students may not take this course and Trial Advocacy. Basis of Grade: Class exercises Form of Grade: Pass/Fail

This course is devoted primarily to developing trial advocacy lawyering skills by engaging students in practical exercises that simulate trial practice. Students prepare lay and expert witnesses examinations, perform exercises including direct examination, cross-examination, opening statements, and closing arguments. Students will learn to develop and implement a case theme and theory, argue motions, and practice making and responding to objections. Students consider ethical and tactical issues arising in the trial process. Students conduct regular self-evaluation of their preparation and performance, and the exercises are critiqued with respect to substance, strategy, and courtroom demeanor. Students will also receive instruction on effective ways to present evidence in a digital format. Particular attention will be given to integrating courtroom technology into trial presentation. Graduation Requirement: This course satisfies the experiential course graduation requirement. Basis of Grade: Class exercises. Students will be graded on the basis of in-class performances as an attorney. Factors to be considered when awarding grades include preparedness, thoroughness, organization, and improvement over the course of the semester. Form of Grade: Letter.

This course examines how law responds to, incorporates, and affects the development of new technologies. The seminar addresses questions of risk and regulation from both public and private perspectives. It considers a range of currently emerging technologies as well as historic innovations that offer insights into anticipating and resolving key legal and policy tensions. Readings will be excerpted from source documents, academic and technical literature, and current drafts of bills and standards. All students will be expected to actively contribute during class and to critically reflect through regular response papers. Graduation Requirement: Satisfies the perspective course graduation requirement. If taken for three credits (which entails an assignment beyond the regular response papers), it also satisfies the writing requirement. Must earn a grade of C or better if taken for the writing requirement. Basis of Grade: Response Papers and class participation. Form of Grade: Letter.

This course is designed to develop trial advocacy skills specifically in the criminal law practice area. This includes exercises in pretrial motions, witness preparation, trial procedures, evidence, and objections. Students will make opening statements, conduct direct and cross-examination of witnesses, and make closing arguments. They will be expected to enter evidence and argue objections. They will learn to develop a theory of a case and apply it to the presentation of their case. Cases will be considered from both the position of the prosecution as well as the defense. Throughout the course there will be an emphasis on ethical issues that may be encountered and how to handle them. Critiques will be provided from both the instructor and their peers, inviting an opportunity to discuss strategy, performance, and demeanor. Graduation Requirement: This course satisfies the experiential course graduation requirement. Basis of Grade: Class exercises. Students will be graded on the basis of in-class performances as an attorney in trial situations. Factors to be considered when awarding grades include preparedness, thoroughness, organization, and improvement over the course of the semester. Form of Grade: Letter.

This course will concentrate on format, organization, analysis and written expression of thought in a variety of documents which the students will prepare in the context of writing for a hypothetical appellate judge and court. The documents will include materials to support an application for a judicial clerkship, a bench brief, a pre-conference memorandum, an opinion for the court, a dissenting opinion, and editing exercises. The instructor will provide advice and individual comments tailored to each student’s writing style. Graduation Requirement: Students may elect to satisfy the experiential graduation requirement, or writing graduation requirement, but not both. Must earn a grade of C or better. Basis of Grade: A series of writing assignments. Form of Grade: Letter.

An intensive study of appellate litigation with a view to developing appellate practice skills, including formulation of strategies on appeal, use of the appellate record, brief writing, and oral advocacy. The course will focus on South Carolina appellate practice although federal practice will be included. Emphasis will be placed on individual learning and development. Registration: In the spring semester 2L members of the moot court board will be given priority. Graduation Requirement: This course satisfies the experiential course graduation requirement. Must earn a grade of C or better. Basis of Grade: Written and oral assignments, class discussion and individual critique. Form of Grade: Letter Grade.

Natural resources laws are meant to ensure, among other things, that wildlife and fisheries are managed sustainably; that fresh water is conserved and allocated fairly; that endangered species are recovered to healthy populations; and that public and private lands provide a wide range of goods and services. Meeting these important objectives means resolving conflicts among various user groups and between current and future generations of users. There are a number of reasons why resolving these conflicts is both challenging and politically charged. Incomplete science often prevents government agencies from accurately assessing the current status of natural resources and predicting how potential future actions will affect them. Psychological traits such as optimism and loss aversion often prevent resource users from even acknowledging that there is a problem in the first place. New laws must often overcome long-standing cultural beliefs and traditions that evolved in the context of fewer resource demands. Finally, natural resource issues are characterized by the inherent political economy problems that arise when difficult-to-represent interests like the environment and future generations are involved. In this course we will study the ways that federal laws, including the Magnuson-Stevens Fishery Conservation and Management Act, the Marine Mammal Protection Act, the Endangered Species Act, and the National Forest Management Act, attempt to conserve and allocate natural resources. As part of our study, we will also examine theories of natural resources problems, including the tragedy of the commons, and solutions, including regulation and privatization. Note: Students who have taken LAWS 664 may not enroll in this course. Basis of Grade: Final examination, short writing assignments and class participation. Form of Grade: Letter Grade.

This class will focus on the role, duties, and conduct of law clerks. You will learn how clerks should conduct themselves; maintain an appropriate relationship with the judge and other participants in the legal system and the type of work clerks perform. The class will offer instruction on how to understand and deal with the court docket of cases and motions, how to properly analyze cases (through case study with intensive analysis and extensive class discussion), how to write succinct and useful bench memos, and how to organize and draft opinions/orders for a court. The course will include speakers to include: judges (both federal and state), clerks, and others who will broaden your perspective and offer you advice if you decide to pursue a clerkship. The class will involve a very high level of classroom participation and out of class work. Registration: Students may not enroll for LAWS 682 and this course. Basis of Grade: Class participation, writing assignments. Form of Grade: Letter Grade.

This course examines new models for the delivery of legal services and the professional and regulatory challenges-and opportunities-such models create. It begins by analyzing U.S. lawyers' monopoly over the "practice of law'' and comparing the U.S. regulatory framework to regulatory frameworks in other countries. It then surveys innovations in legal information technology and the expanding role of non-lawyer providers in both high-tech and low-tech settings, with each class built around case studies of specific companies, products, and providers. Each student will write a case study within the first six weeks of the course, plus a final, analytical paper that builds on the case study. Readings and comments for the final sessions will be organized around student topics. Graduation Requirement: This course satisfies the graduation writing requirement. Must earn a grade of C or better. Basis of Grade: Weekly comments, case study, and final paper. Form of Grade: Letter grade.

This course will concentrate on appellate practice before the United States Court of Appeals for the Fourth Circuit. It will focus on the proper way to prepare, present, and argue cases before that Court. Some time will be spent on rules and procedures for the Fourth Circuit, but the main emphasis will be effective advocacy before a federal appeals court. Graduation Requirement: This course satisfies the experiential course graduation requirement. Must earn a grade of C or better. Basis of Grade: Written and oral assignments, class discussions and individual critique. Form of Grade: Letter.

This course is designed to focus upon routine areas of insurance practice and timely statutory and common law updates. Although national standards are surveyed, the course work will focus upon State of South Carolina insurance rules, procedures, and issues. The course is not designed to provide a comprehensive study of all possible areas of insurance law or all possible insurance issues addressed upon the South Carolina Bar examination. Basis of Grade: Final Examination. Form of Grade: Letter.

This course covers the substantive issues that arise in litigation concerning major public and private construction projects. The course addresses the rights and liabilities of owners, lenders, prime contractors, subcontractors, suppliers, sureties, insurers, and design professionals arising under contracts, statutes, professional liability and certain business related torts such as misrepresentation. The course also address the use of litigation, arbitration, and mediation to resolve construction disputes. Registration: This course will be of interest to students interested in a career in state or federal government, construction contracting and litigation, or business litigation. Students with background in engineering, architecture, or construction management are encouraged to enroll. Basis of Grade: Final examination. Form of Grade: Letter Grade.

A study of the law governing legal responsibility for losses caused by defective products. Basis of Grade: Final examination. Form of Grade: Letter Grade.

A study of the law governing legal responsibility for losses caused by defective products. Basis of Grade: Exam. Class participation may be considered. Form of Grade: Letter.

This course addresses the emergence of post-soviet law in Russia. The course covers the evolution of Russian law through the present stressing the current Civil and Criminal Codes, Civil and Criminal Procedure, and Constitutional Law. Graduation Requirement: Course satisfies graduation writing requirement and graduation perspective course requirement. Must earn a grade of C or better if taken for the writing requirement. Basis of Grade: Paper. Form of Grade: Letter Grade.

This seminar will examine First Amendment free speech doctrines and practices in relation to democratic theories. Because protecting the ability for citizens to engage in democratic self-government is an important value protected by the First Amendment, it is important to understand how democracy works in relation to speech. This course will focus each week on case studies that will include campaign finance, regulation of the public sphere, the role of dissent, campus speech, speech at school, and related issues. The readings will include both cases and secondary literature regarding democratic theory. The course will cover a substantial amount of free speech doctrine, but the goal is to examine how speech works in relation to institutional design and democratic practice in greater depth. Graduation: Course will satisfy the perspective graduation requirement when taken for two credit hours. Course will satisfy the graduation writing requirement when taken for three credit hours. Must earn a grade of "C" or better to satisfy the graduation writing requirement. Basis of Grade: Class participation, written assignments in the form of memos and response papers, and if taken for 3-credits, a 30-page paper. Form of Grade: Letter.

This skills workshop will study the technologies used in practicing law, analyzing the ethical and other legal issues created by their use. Students will learn about current and future technologies and best practices in using them. Much of the learning will be hands-on in the computer lab. A number of practicing lawyers and technology experts will share their knowledge and experience. The American Bar Association has adopted the proposal of its 20/20 Commission on Ethics that the Model Rules of Professional Conduct be amended to specifically require lawyers to be techno¬ logically proficient. "Maintaining Competence. To maintain the requisite knowledge and skill, a lawyer should keep abreast of changes in the law and its practice, including the benefits and risks associated with relevant technology." Cloud computing, internet hacking and government snooping, email, networked computers, flash drives, electronic signatures, smart phones, tablet computing, and ubiquitous public wi-fi net¬ works all create legal and ethical challenges for lawyers. Study materials will include cases, ethics opinions, statutes, and regulations. Class meetings will include lectures, demonstrations, hands-on experience, case studies, projects, discussion, and tech expert presentations. Graduation Requirement: This course satisfies the experiential course graduation requirement. Must earn a grade of C or better. Basis of Grade: Class participation and projects. Form of Grade: Letter grade.

This seminar is an advanced course in tax law and policy. The purpose of the course is to simulate the real world of tax practice and tax policymaking, helping students to understand how tax rules are made, interpreted, and applied by tax practitioners. Readings will include cases involving taxpayer challenges to tax rules and government challenges to taxpayer positions, and examples of “opinion letters" evaluating the U.S. federal income tax treatment of discrete transactions, examples of comment letters submitted to Treasury, and tax regulations with Treasury-produced explanatory preambles. During the semester, students will work collaboratively to produce the sort of written product that they might be tasked with in tax practice, for example, an opinion letter describing and assessing the tax treatment of a certain transaction; an appeal of an IRS proposed adjustment to a tax position; a petition to Tax Court to challenge a deficiency found by the IRS; or a comment letter in response to a proposed regulation. It is anticipated that the implementation of the Tax Cuts and Jobs Act (i.e. the tax bill enacted at the end of 2017) will result in substantial uncertainty and back and forth between taxpayers (and their representatives) and the government, so the precise nature of the writing assignments and the substantive issues students address will vary semester to semester based on current challenges the tax practitioner community confronts and students' particular interests. When possible, the curriculum will include guest visits from tax practitioners and/or IRS or Treasury personnel. Each student will individually produce an outline of the writing project as well as a first draft of 12-15 pages, which may require a statement of facts, legal analysis, policy arguments and data. Students will conduct an oral and visual presentation on their draft paper, and will be expected to review and critique each other's drafts and presentations. Students will then collaborate in small groups (3-4 students per group) to draft a final product that is 30-35 pages long and that integrates the individual work into a cohesive whole. Graduation Requirement: Effective Spring 2020 - This course can satisfy the graduation writing requirement, or experiential requirement, but not both. Must earn a grade of C or better in the course to satisfy either requirement. Basis of Grade: outline (10%), individual draft and in-class presentation (20%), foal group paper (40%), participation (30%). Form of Grade: Letter grade.

The purpose of this course is to impart to the student an understanding of basic insurance law, policy analysis, and the practical problems faced by the insurance industry, courts, attorneys and insurance regulators. Basis of Grade: Final examination. Form of Grade: Letter Grade. .

This course will center around the law of the military. Concentration will be on the need for a separate system of justice for the military, the constitutional limitations affecting service members, and the scope and limitations of the military justice system. Basis of Grade: Exam and class participation. Form of Grade: Letter.

Historical background of Worker’s Compensation Legislation; Rights of workers and dependents; injuries within worker’s compensation law; employers and employees covered under the South Carolina Act; disability benefits; death or dependency benefits; common law actions; miscellaneous provisions of the South Carolina procedure, practice and appeals in compensation cases. Basis of Grade: Final examination. Form of Grade: Letter Grade.

This seminar will offer students an opportunity to study contemporary topics and issues in food law and policy. Students will critically examine the laws and policies that structure and shape the production, processing, transport, and consumption of food in the United States. They will also examine the consequences of these laws and policies for our food system. Topics covered may include genetically modified foods, meat and poultry, the U.S. Department of Agriculture’s child nutrition programs, food allergens, cottage food, craft beer, food trucks, and farmers markets. Through the selected topics students may examine public health, food safety, nutrition, obesity, food scarcity, and First Amendment issues. Basis of grade: A series of short papers, an in-class presentation, and class participation. Form of Grade: Letter.

This course will explore how the law constructs and regulates sex, gender identity, and sexual orientation. We will study these issues in a variety of substantive legal areas, including constitutional law (equal protection and due process in particular), Title VII, Title IX, education law, contracts, and family law. Students will analyze and critique these legal doctrines by considering various legal and non-legal theoretical perspectives, including feminist legal theory, critical race theory, history, sociology, and philosophy. We will also study how other identities, like race, religion, disability, and class, affect the legal construction and regulation of sex, gender, and sexuality. Graduation Requirement: This course satisfies the perspective course requirement. If taken for 3 credit hours, the student must earn a grade of C or better to satisfy the graduation writing requirement. Basis of Grade: Class participation and paper. All students will write a paper on an issue related to the course. Students electing 3 credits will write a paper approximately 30 pages in length. Students electing 2 credits will write a paper approximately 15 pages in length. All students will submit topic proposals, outlines, and drafts, in addition to the final paper. Form of Grade: Letter.

For students interested in the representation of small and family-owned businesses. Students have the opportunity to gain insight into the distinctive characteristics of small and family-owned businesses, explore possible career paths, and continue to develop their professional identity, while providing assistance to organizations and agencies that advise low-income and under-represented South Carolinians who are seeking to start, sustain, and scale a business venture. Students will gain a deeper appreciation of the factors that may affect decisions concerning choice of entity form, capital structure, allocation of financial and control rights, protection of intellectual property, and regulatory compliance. The majority of the course work will be done outside of class; however, students will be actively supervised by an attorney supervisor and will attend a companion class taught by an instructor with experience in this area to reflect upon their fieldwork experience. Students will work a minimum of 8 hours per week for 13 weeks at their field placement. The work will consist of substantive legal work including legal research, drafting memoranda and court documents, and the observation of related legal proceedings. Students will also attend the companion class every other week (7 total classes) for 1 hour with an instructor and other students with similar fieldwork experiences to reflect upon their experience and to explore family and business law topics such as identifying the client, succession planning, best practices to anticipate and resolve disputes, and the overlap of family and business value systems. Fieldwork placements may include: • SC Small Business Development Center • SCORE • SC Department of Commerce • SC Council on Competitiveness Graduation Requirement: This course satisfies the experiential requirement; must earn a grade of C or better. Basis of Grade: The grade will be based upon the attorney supervisor’s final evaluation, classroom attendance and participation, fulfilling the work hour requirement (104 total hours), and weekly journal entries (12 total). Form of Grade: Letter.

This course takes students beyond the issues covered in the basic Family Law course and offers an opportunity for in-depth study of contemporary issues in Family Law. The class will explore the legal, ethical, social and psychological aspects of the family. Topics covered may include parental rights and responsibilities in reproductive technology cases, medical decision-making, adoption, termination of parental rights, gender and sexuality, and special laws unique to Native Americans. Registration: Students who elect the 2 credit-hour option must either take the final examination or complete a paper of not less than 20 pages in length, which will not fulfill the graduation writing requirement. Graduation Requirement: A limited number of students may elect to fulfill the graduation writing requirement with the professor’s prior permission by taking the course for 3 credit-hours and completing a paper of not less than 30 pages in length. Must earn a grade of C or better. Basis of Grade: Final examination or research paper. Form of Grade: Letter Grade.

This course is designed for students who are enrolled in the graduate program for a Master of Science with a Major in Engineering Management. The course will introduce students to various areas of law and legal principles that may impact their ability to be effective managers. The lectures in the course will focus on a variety of topics, including: labor and employment law, business corporations, agency and partnership, contracts, intellectual property, administrative law, and environmental law. The goal of this class is to give the student a greater understanding of the law and help the student become more aware of legal issues that may affect them or their company in their future. In addition, another benefit of this class is exposing the student to higher level legal, political, and governmental issues and case studies that will be involved in shaping the future of the student's career, their company, and their industry. Form of Grade: Letter.

This course is a practical introduction to electronic discovery in civil litigation as governed by the Federal Rules of Civil Procedure. Students will be introduced to how computer files in litigation compare and contrast to traditional paper discovery. They will examine each stage of the discovery process, from identifying sources of potential electronic evidence to instituting a litigation hold, collecting, processing, reviewing, and producing electronic data. Emerging case law and trends for unsettled issues such as E-discovery ethics, privilege (nonwaiver/claw back agreements, not “readily accessible” data), and cost-shifting will also be addressed. Participants will be introduced to the electronic courtroom, from E-filing of documents in federal court to using trial presentation software to make the case to the jury and judge. Graduation Requirement: This course satisfies the experiential course graduation requirement. Must earn a grade of C or better. Basis of Grade: Final exam. Form of Grade: Letter.

This course examines the legal, regulatory, ethical, policy and pragmatic aspects of indigenous culture in the United States, some aspects of Canadian indigenous law and international law. Topics include cultural resource management in public and private contexts, consultation with Tribal Nations, stakeholders, and expert anthropological and traditional knowledge in legal contexts and public participation. Topics also include the foundation cases in American Indian Law; the Native American Graves Protection and Repatriation Act (NAGPRA); protection of sacred sites; the trust responsibility, jurisdictional issues, the role of government; the role of the courts; the role of the United Nations; postcolonialism; decolonizing methodologies; social justice issues; environmental and cultural relationships; oral sources of evidence; and case studies, all in the context of strategies and pathways to indigenous justice. Prerequisites (or taken concurrently): None. Basis of Grade: (Method of Assessing Outcomes) Class participation/attendance (15%); short writing assignments and presentations (20%); quizzes (25%); expert witness exercise (10%); midterm (5%); and advocacy video project (25%). Form of Grade: Letter Graduation requirement: course satisfies the perspective graduation requirement.

For students interested in practice areas such as data privacy, cybersecurity, fintech, software and technology licensing and outsourcing, intellectual property, as well as other technology and innovation practice areas. Students have the opportunity to gain valuable insight into the distinctive characteristics of technology and innovation law practice areas, explore possible career paths, including certifications, and continue to develop their professional identity, while providing assistance to law firms, companies, and state agencies. The majority of the course work will be done outside of class; however, students will be actively supervised by an attorney supervisor and will attend a companion class taught by an instructor with experience in this area to reflect upon their fieldwork experience. Students will work a minimum of 8 hours per week for 13 weeks at their field placement. The work will consist of substantive legal work including legal research, drafting memoranda and court documents, and the observation of related legal proceedings. Students will also attend the companion class every other week (7 total classes) for 1 hour with an instructor and other students with similar fieldwork experiences to reflect upon their experience and to explore relevant technology and innovation topics. Graduation: This course satisfies the experiential course graduation requirement. Students must earn a grade of "C" or better. Basis of Grade: The grade will be based upon the attorney supervisor’s final evaluation, classroom attendance and participation, fulfilling the work hour requirement (104 total hours), and weekly journal entries (12 total). Form of Grade: Letter.

Students will spend a significant amount of time (30 hours per week for 8 weeks during the summer) with either a state or federal agency. They will be exposed to the field of Administrative law by working with federal or state agencies. Typically, the student will work in a general counsel’s office or an office with substantially similar duties and will assist the attorneys in research and drafting documents such as research memoranda and briefs. The student will also have the opportunity to observe court proceedings as well as depositions and interviewing witnesses. In addition to their work at the agency, students will meet periodically with a faculty member to reflect upon their fieldwork experiences. Graduation Requirement: This course satisfies the experiential course graduation requirement, must earn a grade of C or better Basis of Grade: Journal; Example of written product or a short reflective paper on professional experience; and a brief presentation to the class. The fieldwork supervisor will complete an evaluation of the student’s performance. The final grade will be determined by the instructor, based upon the evaluation submitted by the fieldwork supervisor, the quality of the student’s written submissions, participation in the class sessions, and a determination by the instructor that all requirements of the externship have been satisfactorily completed. Form of Grade: Letter.

Students will work approximately 8-15 hours per week with either a state or federal agency. They will be exposed to the field of Administrative law by working with federal or state agencies. Typically, the student will work in a general counsel’s office or an office with substantially similar duties and will assist the attorneys in research and drafting documents such as research memoranda and briefs. The student will also have the opportunity to observe court proceedings as well as depositions and interviewing witnesses. In addition to their work at the agency, students will meet periodically with a faculty member to reflect upon their fieldwork experiences. Graduation Requirement: This course satisfies the experiential course graduation requirement, must earn a grade of C or better. Basis of Grade: The final grade will be determined by the professor, based upon evaluation submitted by the fieldwork supervisor and upon a determination by the faculty member that all other requirements of the externship have been satisfactorily completed. Students must submit a contemporaneously maintained daily journal of their experience, along with either an example of a written product prepared during the externship or a short paper reflecting on a professional aspect of the experience. The fieldwork supervisor will also complete an evaluation of the student’s performance. Form of Grade: Letter.

This course places the student with a lawyer employed by a child-serving agency; an agency involved with child law issues where a child may be charged with a crime or is a victim of a crime; or with a lawyer in private practice that represents children. The student works approximately 8-15 hours per week with the lawyer. This work includes hands-on experience with the supervising lawyer to engage in the representation or advocacy process for those children based upon the legal setting chosen for the individual extern. The extern will observe the lawyer as the lawyer represents clients and also attend meetings, hearings, trials and other legal proceedings in order to experience the legal process firsthand. The student will provide assistance to the assigned lawyer by drafting memorandums, legal motions, proposed orders and providing legal research relevant to each case. The student will be immersed in each system as it relates to the assigned agency’s duties and responsibilities to improve outcomes for children in the legal system. Graduation Requirement: This course satisfies the experiential course graduation requirement. Must earn a grade of C or better. Basis of Grade: The grade shall be based on the student’s attendance and class participation in the bi-weekly class, the evaluation of the student by the externship site supervisor/lawyer, and the journal submitted by the student. Each student will be expected to work 8-15 hours each week of the semester at the approved extern site and to attend a one and a half hour class every other week. Each student will be expected to maintain and submit both at midterm and at the end of the semester a journal of the student’s activities at the extern site. This journal must state the dates and times of the student’s experience and provide a summary of that event as it relates to the listed course objectives above. The student must also submit a weekly timesheet documenting the days and hours worked by the student and have it signed by the assigned supervising lawyer at the extern site. Form of Grade: letter.

This course aims to supplement Securities Regulation. Specifically, it seeks to introduce students to the litigation devices that help ensure more robust securities disclosure. (Securities-disclosure law forms the heart of the Securities Regulation class.) The class will focus on public and private litigation under Section 10(b) of the Securities Exchange Act. It will also likely touch on other important provisions under which much securities litigation proceeds today (namely, sections 11, 12, and 17 of the Securities Act of 1933). Lastly, the class will explore insider-trading prosecutions under the federal securities laws. Importantly, all three of these areas of securities litigation (those relating to Section 10(b), the ’33 Act provisions, and insider-trading law) are not currently covered in the Securities Regulation class. Basis of grade: Final exam with both issue-spotting and multiple-choice questions. Class participation will also factor into grades on the margin. Form of grade: Letter.

Government agencies regulate almost every area of our lives. Many lawyers work for government agencies and many other lawyers work for people whose lives are affected by these agencies. Virtually every lawyer needs to know how government agencies operate. That is the subject of this course. The course is recommended for students interested in substantive areas in which agencies play an important role, such as environmental law, health-care law, and securities law (to name a few). Basis of Grade: Final examination and class participation. Form of Grade: Letter Grade.

This course will study legal doctrine and current “best practices” relating to complex litigation. The focus is on multi-party, multi-jurisdictional disputes and on the increasingly administrative role courts play is these actions. Much of the attention will be devoted to class actions (mainly federal with some discussion of South Carolina class actions), including class certification, extraterritoriality, and interlocutory appeals. We will spend considerable time on complex joinder, aggregated claims, MDL practice, and the impact of CAFA. Some time will be devoted to the recent “Federal Courts Jurisdiction and Venue Clarification Act of 2011.” Registration: It is strongly recommended that students also take LAWS 659, but it is not a prerequisite. Basis of Grade: In class final examination, plus class participation. Form of Grade: Letter.

The course will focus on Sections 1 and 2 of the Sherman Antitrust Act, as well as selected other federal trade regulation statutes, including the Clayton Act (as amended by the Robinson-Patman Act). Topics typically covered may include monopolization and attempted monopolization, conspiracies in restraint of trade, e.g., price-fixing and bid-rigging, tying arrangements, the essential facilities doctrine, price discrimination, and merger review. The course will also cover how a heightened pleading standard has changed the civil antitrust litigation landscape. Basis of Grade: Final examination. Form of Grade: Letter Grade.

This course will address fundamental doctrines of copyright and trademark law in the United States. With respect to copyright, topics shall include doctrines relating to acquisition of protection (originality, fixation, idea/expression, useful article), ownership (work-made-for-hire, assignments), infringement (scope of rights, direct and indirect), and defenses (first sale, fair use). With respect to trademark, topics shall similarly include doctrines relating to acquisition of protection (distinctiveness, use in commerce, secondary meaning, functionality, registration), infringement (use in commerce, likelihood of confusion, dilution, contributory), and defenses (first sale, fair use). Note: Students who have taken Intellectual Property may not enroll in this course. Basis of Grade: The final grade will be based on class participation and a final examination. Form of Grade: Letter grade.

A survey of federal and state trademark and unfair competition law with an emphasis on the nature, scope and enforcement of trademark rights. Basis of Grade: Final examination and class participation. Form of Grade: Letter Grade.

This Clinic provides legal assistance to nonprofit organizations of all types addressing the various needs of the community. Because many of these organizations lack the financial resources to retain private legal counsel, students provide legal assistance in transactional matters that include incorporation, preparation of by-laws, preparation and filing of 501(c)(3) applications, contract review and negotiation, real estate, intellectual property and land use issues. Students may attend board meetings, provide legal assistance to start up organizations or organizations that are merging, converting or spinning off new ventures. The nature of the clinic allows for experience touching many different legal disciplines and helps provide for the stabilization of these organizations so that they can better serve the community. Registration: Subject to Client Contact Clinic Lottery. Effective Fall 2020, a student who is enrolled in or has been enrolled in a clinical course may not enroll in LAWS 771. A student may not enroll in LAWS 771, an externship course, or a capstone course in the same semester. Graduation Requirement: This course satisfies the experiential course graduation requirement, must earn a grade of C or better. Basis of Grade: Performance on casework, class exercises and participation. Form of Grade: Letter Grade.

This course will provide an overview of the nonprofit tax exempt sector. It will include the study of the formation, structure, and characteristics of nonprofit organizations and the major categories of federal tax exemption with an emphasis on charitable organizations such as religious organizations, churches, educational organizations, healthcare organizations and arts organizations, including a review of charitable giving and unrelated business income. Discussions will include other tax exempt categories such as social welfare organizations, chambers of commerce and fraternal organizations, social clubs, and foundations. The course will offer some comparison with for-profit law and include discussions on how for-profit law and social enterprise, hybrid organizations and joint ventures intersect with nonprofits. Through the use of hypotheticals and problems, students will learn to effectively work through the dense case law and statutes in this area and will gain a greater practical understanding of the nuances and application of nonprofit law within this third sector. Course material covers boards of directors and their fiduciary duties. Basis of Grade: The grade will be based on a combination of in-class exercises, assignments, class participation, and final exam. Form of Grade: Letter.

This course, a majority of which will be synchronous, provides a structure and methodology for preparing a patent application suitable for filing in patent offices throughout the world. The course provides: 1) application drafting tools for implementing the requirements of Sections 102, 103 and 112 of Title 35, USC; 2) procedures in drafting the patent application to avoid issues raised in many litigated patents; 3) steps to be taken before actually drafting the application including inventor interviewing and searching; 4) actual drafting of a patent application; 5) strategies for prosecuting the patent application to obtain a granted patent; and 6) actual prosecution of the patent application. Prerequisites (or taken concurrently): For law students, Patent Law or Intellectual Property is strongly recommended but not required. For all students, an engineering or technical/science degree that meets the US patent office requirements for taking the patent agent’s examination is also strongly recommended but not required. Basis of Grade: Students taking the course for 1 credit hour will be graded on a search plan that they use to execute their patent search, the quality and completeness of their patent search results, class participation, and claim drafting exercises. Students taking the course for 2 credit hours will be graded on a search plan that they use to execute their patent search, the quality and completeness of their patent search results, class participation, claim drafting exercises, and their final patent application. Students taking the course for 3 credit hours will be graded on a search plan that they use to execute their patent search, the quality and completeness of their patent search results, class participation, claim drafting exercises, their final patent application, and their Response to the exemplary Official Action from the USPTO. This course will satisfy the experiential graduation requirement if a grade of "C" or better is earned.

This course will explore problems encountered in the conduct of discovery, primarily through the student’s preparation and argument of discovery motions. Graduation Requirement: This course satisfies the skills course graduation requirement. Basis of Grade: Written and oral assignments and class participation. Form of Grade: Letter Grade.

Students will spend a significant amount of time (30 hours per week for 8 weeks during the summer) at their placement. Placements will include: the Solicitors Office of various counties, the Public Defenders office, the Attorney General’s office, and federal criminal agencies. Students will assist in the preparation of materials for court and can observe office attorneys in trial. A specific attorney in each office will be responsible for overseeing student experience in the office. Graduation Requirement: This course satisfies the experiential course graduation requirement, must earn a grade of C or better Basis of Grade: Journal; Example of written product or a short reflective paper on professional experience; and a brief presentation to the class. The fieldwork supervisor will complete an evaluation of the student’s performance. The final grade will be determined by the instructor, based upon the evaluation submitted by the fieldwork supervisor, the quality of the student’s written submissions, participation in the class sessions, and a determination by the instructor that all requirements of the externship have been satisfactorily completed. Form of Grade: Letter.

Students will spend a significant amount of time, 8-15 hours per week, at their placement. Placements will include: the Solicitors Office of various counties, the Public Defenders office, the Attorney General’s office, and federal criminal agencies. Students will assist in the preparation of materials for court and can observe office attorneys in trial. A specific attorney in each office will be responsible for overseeing student experience in the office. Graduation Requirement: This course satisfies the experiential course graduation requirement. Must earn a grade of C or better. Basis of Grade: Journal; Example written product or a short reflective paper on professional aspect of experience; and a brief presentation to class. The fieldwork supervisor will complete an evaluation of the student’s performance. The final grade will be determined by the instructor, based upon the evaluation submitted by the fieldwork supervisor, the quality of the student’s written submissions, participation in the class sessions, and a determination by the instructor that all requirements of the externship have been satisfactorily completed. Form of Grade: letter.

This course explores the intersection of law and ethics in the field of medicine. The course will cover in-depth, at least three of the following issues: abortion and other issues of reproductive decision making, the right to die, allocation of health care resources, global HIV/AIDS, universal healthcare, organ transplantation and organ procurement, the identity and role of the patient, the research subject and the consumer of health care technology, rationing of healthcare and similar issues. Students may choose to write one paper of not less than 30 pages to satisfy the paper requirement or may write three smaller papers during the course of the semester. There will be no exam. Graduation Requirement: Course qualifies as a writing seminar for the graduation writing requirement if taken for 3 credit hours and the student chooses to write the 30 page paper with the permission of the instructor. Must earn a grade of C or better if taken for the writing requirement. Course satisfies the graduation perspective course requirement. Basis of Grade: Paper of not less than thirty (30) pages or three shorter papers. Form of Grade: Letter Grade.

Consideration of the theoretical underpinnings of the United States patent system, the definition of patentable subject matter, the requirements governing novelty, utility and nonobviousness, the granting and enforcement of patents, the relationship of patents to other methods of protecting intellectual property, and the special role in patent law of the United States Court of Appeals for the Federal Circuit. Students need not have an engineering or science background. Basis of Grade: Final examination. Form of Grade: Letter Grade.

This course will provide an in depth analysis of copyright law. Students will study case law and statutory authority pertaining to copyright protection of literary, musical, dramatic, choreographic, pictorial, graphic, sculptural, audiovisual, and architectural work, as well as computer software. In addition, the class will consider public policy issues raised by recent amendments to the Copyright Act of 1976. Basis of Grade: Final examination and problems. Form of Grade: Letter Grade.

This survey course will provide a basic grounding in the law of Copyrights, Patents, and Trademarks. Subject covered will include the acquisition, maintenance and duration of intellectual property protections; the right and obligations of intellectual property owners; and causes of action and remedies for infringing activities. Registration: Students who have taken Patent Law and Copyright Law may register for Intellectual Property. Basis of Grade: Final examination. Form of Grade: Letter Grade.

Consideration of the international intellectual property (IP) legal framework, including an examination and analysis of international treaties which control IP-related interactions between nations as well as some specific focus on the IP laws of key nations worldwide (e.g. EU-UK/Japan/China). The course will provide a comparative overview of these varying national laws and will equip the students with some practical and experiential tools which they may need if they intend to engage in international intellectual property practice. Basis of Grade: Final Exam. Form of Grade: Letter Grade.

Survey of historical and contemporary free speech and religion issues arising in the American public school system. Topics addressed will include the regulation of student and teacher speech, religious activities in schools and the potential effects of the changing Free Exercise and Establishment Clause landscape on public school operations, curriculum content disputes, and the relationship between religious private schools and the public educational enterprise. The course will frequently consider the interaction between First Amendment doctrine, parental autonomy claims, and Equal Protection concerns. Graduation Requirement: This course satisfies the perspective course graduation requirement. Basis of Grade: Portfolio of advice memoranda plus class participation. Form of Grade: Letter.

This course will introduce students to federal laws and regulations concerning the provision of educational services to disabled students. We will cover the history and development of special education and civil rights for students with disabilities as well as the fundamental principles of the Individual with Disabilities in Education Act (IDEA), Section 504 of the Rehabilitation Act of 1973, and the Americans with Disabilities Act (ADA). The course will focus on the rights of students and their parents as well as the responsibilities of educators when addressing special education needs. Basis of Grade: Class participation, small group projects and final exam. Form of Grade: Letter.

This seminar will examine the intersection of property law and the Constitution, particularly the First, Fourth, and Fifth Amendments. Topics will include eminent domain, regulatory takings, religious land use, and architecture as speech. Basis of Grade: Final examination. Form of Grade: Letter.

This course will examine legislative law and the legislative process. The focus will be on the interpretation of statutory law: it will cover the rules and doctrines courts use to interpret statutes, and it will introduce the competing theories of how courts should approach statutory interpretation. Additionally, the course will cover the legislative power, legislative structure and procedures, and the drafting of statutory law. Basis of Grade: Final examination. Form of Grade: Letter.

Students will work under the supervision of a lawyer-legislator for 8-15 hours per week to evaluate whether proposed legislation might violate constitutional requirements or create unintended ambiguities or conflicts in the law. Students will be assigned actual bills to evaluate, will research any potential legal issues raised by the legislation, and prepare a written report on each bill assigned, setting forth the results of the research. Work will be assigned on a bi-partisan basis, and students will be asked, in appropriate circumstances, to draft alternative language that would eliminate an identified problem, while still achieving the purpose of the proposed legislation. The student’s work-product will be submitted to the supervising lawyer-legislator. In addition to work supervised by a lawyer-legislator at the State House, students will meet as a class regularly through the semester with their professor for directed reflection upon their field experiences. Graduation Requirement: This course satisfies the experiential course graduation requirement. Basis of Grade: Written assignments and evaluation by fieldwork supervisor. Form of Grade: Pass/Fail.

This is an introductory course in environmental law. The purpose is to give interested students a background in a number of federal environmental statutes, including NEPA (National Environmental Policy Act) CERCLA (Comprehensive Environmental Response, Compensation and Liability Act) ESA (Endangered Species Act) and CWA (Clean Water Act). Basis of Grade: Exam. Form of Grade: Letter.

This course examines Uniform Commercial Code Article 2 governing sales of goods and Article 2A governing leases of goods. Through statutory and case analysis and problem solving, students will develop skill in planning for and resolving disputes involving transactions in goods, as well as the critical skill necessary to evaluate goals of the law of sales and leases of goods. Basis of Grade: Final examination. Form of Grade: Letter Grade.

In this course, students will act as human rights attorneys advocating for governmental remedies for human rights violations. Students will: research international, regional, and other countries’ laws; analyze a human rights issue in another country; conduct mock interviews; strategize as to what judicial and non-judicial avenues are best pursued to achieve the desired result; draft sections of a policy and legislative advocacy report; and participate in a simulated hearing before a panel of policy-makers. Through this course, students will: gain a better understanding of the international human rights system and the methods used by the human rights movement; improve their written and oral advocacy skills; gain or improve upon their interviewing and fact-finding skills; and gain an understanding of how to perform international and comparative law research and analysis. Note: Course satisfies the perspective and experiential course graduation requirements. Must earn a grade of C or better. Basis of Grade: Class attendance and participation; written and oral assignments. Form of Grade: Letter.

This seminar will explore legal and regulatory options for addressing global climate change. We will begin with materials examining the scientific evidence and projections of climate change, then move on to attempts at international legal and quasi-legal mechanisms, including the United Nations Framework Convention on Climate Change, the Kyoto Protocol,and the Copenhagen Accord. We will also cover U.S. domestic climate policy options, including regulation under the Clean Air Act and at state level,and contrast these policies with those in place in other developed economies. Throughout, we will discuss the uniquely difficult challenges climate change creates for institutions, society, and the legal system. Registration: LAWS 731, LAWS 666, or LAWS 826 are recommended. Graduation Requirement: This course qualifies as a perspective course. If taken for three credits, it satisfies the graduation writing requirement and you must earn a grade of C or better if taken for the writing requirement. Basis of Grade: Class Participation, Class Presentation, and Paper (2 credits: series of response papers; 3 credits: research paper, 30-page minimum). Form of Grade: Letter Grade.

This seminar addresses topics in environmental law that go beyond those covered in first- and second-level courses in the environmental law curriculum (Environmental Law, Administrative Law, Water Law, Coastal Law, Natural Resources Law, Energy Law, etc.). The specific topics covered will vary from year to year, but may include recent or ongoing environmental litigation, new or proposed legislation, and/or issues of current public debate. Students will read and discuss secondary and original documents related to the issues discussed, including judicial opinions, appellate briefs, and Federal Register notices of rulemaking. Graduation Requirement: This course satisfies the perspective course graduation requirement. If taken for three credits, it also satisfies the graduation writing requirement. Must earn a grade of C or better if taken for the writing requirement. Basis of Grade: Class participation and response papers; if the class is taken for three credits, an original paper sufficient to meet the writing requirement. Form of Grade: Letter.

This course will explore the process of drafting legal codes in a real-world setting. Specifically, the course will give students the opportunity to participate in the creation of a legal code for the Catawba Nation. Students will be introduced to the relevant areas of Federal Indian law, the history, culture and legal conceptions of the Catawba Nation, and principles of drafting laws. Topics may shift from year to year. Students will use information collected during the course to draft laws to be submitted to the leadership of the Catawba Nation for adoption. Students will acquire the skills they need to draft a section of the Catawba legal code (in the first year this course will focus on domestic violence) for the Catawba Nation. In order to produce this code, students will examine numerous state and tribal statutes. They will discuss the relevant strengths and weakness of these laws with the goal of drafting a set of laws particularly suited to the history, culture and legal needs of the Catawba Nation. During the course, they will meet with leadership of the Catawba Nation and with lawyers, government officials and judges from other recognized Indian nations. Students will receive a letter grade at the end of each semester. Registration: LAWS 759 is recommended. Graduation Requirement: This course satisfies the graduation perspective course requirement. This course also satisfies the experiential course graduation requirement. Must earn a grade of C or better. Basis of Grade: The grade will be based on the student’s attendance and class participation as well as the quality of the research and drafting assignments produced through the semester.

This course focuses on federal civil rights relating to employment, education, housing, voting, and affirmative action. The course will survey the major issues and legal protections in each of these substantive areas, which includes laws relating to discrimination based on race, gender, disability, language status, and familial status. Students will examine the constitutional and statutory frameworks for addressing these issues, as well scholarly theories by which to critique them. Basis of Grade: Final exam. Form of Grade: Letter.

This course provides an overview of environmental law and policy in South Carolina. The course will explore the statutory framework for environmental regulation in South Carolina (and the relationship to federal statutes) starting with the SC Pollution Control Act and including the Solid Waste Policy and Management Act, the Hazardous Waste Management Act, and the State Safe Drinking Water Act, among others. Other environmental topics will include the SC Voluntary Clean-up and Brownfields law, non-point source and storm water management programs, and efforts to move beyond command-and-control through voluntary incentives and regulatory innovations. SC administrative procedures (rule-making and contested cases) and the Freedom of Information Act will be reviewed in the context of environmental regulation. Course materials will consist of federal and state case law, as well as administrative rulings and existing policy/guidance documents of the state’s environmental regulatory agency. Basis of Grade: Paper and class participation. Form of Grade: Letter. Graduation Requirement: This course satisfies the graduation writing requirement if a grade of C or better is earned and paper requirements are met.

The Trial Advocacy Competitions Course is for 2L students who are selected to represent the school as members of the Mock Trial Bar or other Law School mock trial competition teams. The course is an advanced courtroom-simulation course in which students work intensely with other students and the instructor, delving into increasingly complex fact patterns. Students prepare lay and expert witnesses examinations, perform exercises including direct examination, cross- examination, opening statements, and closing arguments. Students will learn to develop and implement a case theme and theory, argue motions, and practice making and responding to objections. Students consider ethical and tactical issues arising in the trial process. The course begins with refreshers on case analysis, evidence, and courtroom strategies, and culminates with final trials. Students conduct regular self-evaluation of their preparation and performance, and the exercises are critiqued with respect to substance, strategy, and courtroom demeanor. Students will also receive instruction on effective ways to present evidence in a digital format. Particular attention will be given to integrating courtroom technology into trial presentation. There is weekly out-of-class case analysis, drafting, and preparation required. Students may not take both this course and LAWS 679. Graduation Requirement: This course satisfies the experiential course graduation requirement. Must earn a grade of "C" or better. Basis of Grade: Class exercises. Students will be graded on the basis of in-class performances as an attorney. Factors to be considered when awarding grades include preparedness, thoroughness, organization, and improvement over the course of the semester. Form of Grade: Letter.

A survey of the protections afforded the right to vote by the U.S. Constitution and the Voting Rights Act. The course includes examination of the major Supreme Court cases involving access to the ballot and malapportionment. Primary emphasis will be on racial discrimination in voting under the 14th and 15th Amendments and Sections 2 and 5 of the Voting Rights Act. Basis of Grade: Paper plus credit for strong class participation. Form of Grade: Letter.

The CHAMPS Clinic is a collaboration of the School of Law, the USC School of Medicine, Palmetto Health, Palmetto Health-USC Medical Group, and South Carolina Legal Services. It will provide students with the opportunity to engage in interdisciplinary learning and community engagement in the context of live-client legal cases. More specifically, students will take legal cases on behalf of low income families referred from Palmetto Health and Palmetto Health-USC Medical Group. These cases will address the social-determinants of clients’ health. The law students will work collaboratively on these legal cases with doctors, social workers and other health professionals. In addition to case work, the course will have a seminar component during which students will learn the doctrine, theory, lawyering skills, and policy relevant to their case work. The seminar will also provide the students opportunities to lead discussions about case-related issues and solicit feedback from colleagues on those issues. Registration: Subject to Client Contact Clinic Lottery. Effective Fall 2020, a student who is enrolled in or has been enrolled in a clinical course may not enroll in LAWS 771. A student may not enroll in LAWS 771, an externship course, or a capstone course in the same semester. Graduation Requirement: This course satisfies the experiential course graduation requirement, must earn a grade of C or better. Form of Grade: letter. Basis of Grade: Students will be graded on case work, including professional habits and the development of lawyering skills and identity;reflection essays; interdisciplinary collaboration

This course will be structured to allow students to study and gain first-hand, hands on experience in all aspects of tax procedure and tax controversy practice, including the examination process, assessment and deficiencies, statutes of limitations, calculation of penalties and interest, Tax Court litigation, overpayments and refund litigation, penalty defenses, and other tax practice issues. The clinical component of the course will provide students the opportunity to represent low-income taxpayers in court and before the Internal Revenue Service in federal tax matters such as: IRS examinations (including Earned Income Tax Credit audits), federal tax liens and levies, collection alternatives such as compromise payment arrangements and currently-not-collectible status, and innocent spouse relief. Working on such matters will enable students to develop skills including: client interviewing, factual investigations, written and oral advocacy, and negotiation. During their semester in the Clinic, students will work on behalf of clients throughout the examination process, in the IRS appeals process, in collections due process hearings, and in litigation in the U.S. Tax Court and Federal District Courts and/or U.S. Courts of Appeal. Graduation Requirement: This course satisfies the experiential course graduation requirement. Must earn a grade of C or better. Basis of Grade: Students will be graded on their participation in class discussions, weekly memos prepared for class, and performance on casework including individual progress and improvement over the course of the semester in both group and individual responsibilities.

This course will introduce students to important intellectual debates across the 20th and 21st century at the intersection of law and political economy. Specifically, it will examine the interaction between politics, society, and markets by linking political and economic theory to current policy debates about capitalism in the United States. It will explore how markets are embedded in social, legal, and political institutions by discussing insights from some of the most influential thinkers across several disciplines, including sociology, political science, economics, history, geography, and law. For example, we will review theories of neoliberalism, neo-Marxism, law and political economy, racial capitalism, and feminist economics, among others. Finally, we will apply theories of political economy to modern societal challenges, such as poverty, climate change, the Covid-19 pandemic, the rise of big data/algorithmic technology, and the tension between capitalism and democracy. Notes: Successful completion of first-year required classes. Prior exposure to economics, such as an introductory microeconomics or macroeconomics course, is recommended. Graduation requirements: The course can satisfy the graduation writing requirement if taken for 3 credits and the student writes a paper of at least 30 pages in length and earns a grade of “C” or better. Additionally, this course meets the Perspective requirement as it examines the interaction between politics, society, and markets from various perspectives. Specifically, it will link political and economic theory to current policy debates across a variety of topics, such as poverty, climate change, the Covid-19 pandemic, the rise of big data/algorithmic technology, and the tension between capitalism and democracy, among others. Basis of Grade: Class participation and final paper. Form of Grade: Letter. Form of Grade: Letter.

Students will work in teams to negotiate and draft a business agreement based on a term sheet and other materials that define the parties’ objectives. The proposed agreement, readings, and lectures will build on topics covered in Introduction to Drafting Business Agreements. Graduation Requirement: Satisfactory completion of this course and its prerequisite satisfies the professional skills requirement. Basis of Grade: Negotiation and Drafting of a Business Agreement. Form of Grade: Letter.

This course will introduce students to the skill of translating a business deal into contract concepts including representations, warranties, covenants, rights, and conditions. Additionally, the course will familiarize students with the fundamental building blocks of a contract. Those building blocks include recitals; definitions; action and payment provisions; license grants and other substantive provisions; termination and breach provisions; and general provisions, such as assignment and delegation, severability, and governing law. Students will learn and practice techniques for effectively drafting, reviewing, and commenting on contracts in light of the parties’ objectives and a client’s attitude towards risk. Graduation Requirement: This course satisfies the experiential course graduation requirement, must earn a grade of C or better. Basis of Grade: Series of Drafting Assignments. Form of Grade: Letter.

This course will study how society allocates and protects its most crucial natural resource – water. The emphasis will be on current legal and policy debates, although we will also examine the history of water development and politics in the United States. Among the many issues that we will consider are: alternative means of responding to the growing worldwide demand for water; the appropriate role for the market and private companies in meeting society’s water needs; protection of threatened groundwater resources; environmental limits on water development; wetlands law; and interstate water disputes. Basis of Grade: Mid-term and final exam. Form of Grade: Letter.

During the Externship, students will spend a significant amount of time (10 hours per week during fall or spring and 30 hours per week for 8 weeks during the summer) at their placement. Placements would typically include general counsel offices in universities, hospitals, public utilities, and private corporations. Students will have the opportunity to strengthen their legal writing, research and analytical skills by assisting in various projects like the preparation of materials such as employee handbooks, memoranda of understanding, and compliance documents. The students may also have the opportunity to observe contract negotiations, interviews with employees and possibly discussions with outside counsel. An attorney in each office will be responsible for overseeing student experience in the office. The In-House Counsel Externship will expose students to how those offices function and what impacts in-house counsel to decide whether to manage certain issues or seek outside counsel. Further, students will have the opportunity to observe the attorneys role on the organization and the relationship between the attorney and “client.” Graduation Requirement: This course satisfies the experiential course graduation requirement. Must earn a grade of C or better. Basis of Grade: Journal; Example of written product or a short reflective paper on professional experience; and a brief presentation to the class. The fieldwork supervisor will complete an evaluation of the student’s performance. The final grade will be determined by the instructor, based upon the evaluation submitted by the fieldwork supervisor, the quality of the student’s written submissions, participation in the class sessions, and a determination by the instructor that all requirements of the externship have been satisfactorily completed. Form of Grade: Letter.

Students will spend a significant amount of time (10 hours per week during fall or spring) at their placement. Placements would typically include general counsel offices in universities, hospitals, public utilities, and private corporations. Students will have the opportunity to strengthen their legal writing, research and analytical skills by assisting in various projects like the preparation of materials such as employee handbooks, memoranda of understanding, and compliance documents. The students may also have the opportunity to observe contract negotiations, interviews with employees and possibly discussions with outside counsel. An attorney in each office will be responsible for overseeing student experience in the office. The In-House Counsel Externship will expose students to how those offices function and what impacts in-house counsel to decide whether to manage certain issues or seek outside counsel. Further, students will have the opportunity to observe the attorneys role on the organization and the relationship between the attorney and “client.” Graduation Requirement: This course satisfies the experiential course graduation requirement, must earn a grade of C or better. Basis of Grade: Journal; Example of written product or a short reflective paper on professional experience; and a brief presentation to the class.The fieldwork supervisor will complete an evaluation of the student’s performance. The final grade will be determined by the instructor, based upon the evaluation submitted by the fieldwork supervisor, the quality of the student’s written submissions, participation in the class sessions, and a determination by the instructor that all requirements of the externship have been satisfactorily completed.

Students have the opportunity to gain insight into the world of public interest lawyering, explore possible career paths, and continue to develop their professional identity while providing needed assistance to organizations and agencies that affect the well-being, rights, health, or finances of the public at large, most commonly advocating for those living in poverty or marginalized populations. Many students will be placed with local organizations and state agencies that serve low-income and under-represented South Carolinians. The majority of the course work will be done outside of class; however, students will be actively supervised by an attorney supervisor and will attend a companion class taught by an instructor with experience in this area to reflect upon their fieldwork experience. Students will work a minimum of 8 hours per week for 13 weeks at their field placement. The work will consist of substantive legal work including legal research, drafting memoranda and court documents, and the observation of related legal proceedings. Students will also attend the companion class every other week (7 total classes) for 1 hour with an instructor and other students with similar fieldwork experiences to reflect upon their experience and to explore access to justice concepts such as cultural competency, effective messaging and communication, technology initiatives, pro bono resources, self representation, and language access. Graduation Requirement: This course satisfies the experiential requirement; must earn a grade of C or better. Basis of Grade: The grade will be based upon the attorney supervisor’s final evaluation, classroom attendance and participation, fulfilling the work hour requirement (104 total hours), and weekly journal entries (12 total).

The Special Education Clinic helps special-needs children and their families get access to equal educational opportunity. The clinic handles legal issues ranging from disability eligibility and entitlement to services, to developing adequate Individualized Education Programs and discipline matters. Law students will begin to develop a variety of legal skills including: interviewing clients, fact investigation, legal research and analysis, case strategy, negotiations, as well as participate in mediation and possibly litigation proceedings. Registration: Subject to Client Contact Clinic Lottery. Effective Fall 2020, a student who is enrolled in or has been enrolled in a clinical course may not enroll in LAWS 771. A student may not enroll in LAWS 771, an externship course, or a capstone course in the same semester. Graduation Requirement: This course satisfies the experiential course graduation requirement, must earn a grade of C or better. Basis of Grade: Performance on casework, class exercises and participation. Form of Grade: Letter.

This course will train students to assume the role of lawyer and introduce them to domestic violence law and practice. Through classroom discussion, simulations, assigned readings, client representation, and community-based projects, the course will cover central concepts of laws governing civil injunctive remedies for intimate partner abuse, including orders of protection, restraining orders, and permanent protection orders, as well as related relief, such as custody and visitation, child support, and crime victims’ compensation. Students will apply their substantive knowledge by representing clients seeking these forms of relief. Through client representation, students will have an opportunity to develop legal skills including: interviewing, counseling, fact investigation, legal research, writing, and analysis, case strategy, negotiation, and courtroom advocacy, as well as professional and life skills relating to legal practice. The course also will give students an opportunity to consider the broader context of their individual cases through class discussion and community-based projects, which may include know-your-rights presentations, limited advice and assistance clinics, and policy research. In some semesters, students may have the additional opportunity to represent clients in administrative matters related to their experience of domestic violence, such as in applying for affirmative immigration remedies or parole. All student work on cases and community based projects will be completed under the supervision of a clinical professor. Registration: Subject to Client Contact Clinic Lottery. Effective Fall 2020, a student who is enrolled in or has been enrolled in a clinical course may not enroll in LAWS 771. A student may not enroll in LAWS 771, an externship course, or a capstone course in the same semester. Graduation Requirement: This course satisfies the experiential course graduation requirement, must earn a grade of C or better. Basis of Grade: Students will be graded on their performance on casework and community­ based projects, as well as their participation in class discussions and exercises. Form of Grade: Letter Grade.

This course builds on the basic skills learned in Trial Advocacy. This course is devoted primarily to developing advanced trial advocacy lawyering skills by engaging students in practical exercises that simulate trial practice. Students will be expected to learn and prepare for the entire lifecycle of a litigated case including pretrial matters and trial matters. Students prepare increasingly complex lay and expert witness examinations, perform exercises including direct examination, cross-examination, opening statements, and closing arguments. Students will learn to implement a case theme and theory, argue motions, and practice making and responding to complex evidentiary objections. Student exercises are critiqued with respect to substance, strategy, and courtroom demeanor. Students will learn and simulate effective pretrial litigation procedures including motion practice and discovery practice. Graduation Requirement: Course satisfies the experiential course graduation requirement. Must earn a grade of C or better. Basis of Grade: Class exercises. Students will be graded on the basis of in-class performances as an attorney. Factors to be considered when awarding grades include preparedness, thoroughness, organization, and improvement over the course of the semester. Form of Grade: Letter Grade.

This course examines the international legal frameworks governing the resort to military force (jus ad bellum) and the conduct of hostilities during armed conflict (jus in bello). The first part of this course, jus ad bellum, will explore the development of the modern prohibition on the use of force as well as its exceptions. We will analyze the key elements of national self-defense, explore how these elements have evolved to account for modern threats, and identify areas where the law remains unsettled. We will also examine the role of the Security Council in maintaining peace and security. The second part of this course, jus in bello, will cover the laws of armed conflict (LOAC). This part will analyze key differences in the legal frameworks applicable to conflicts between States and conflicts against non-state actors, and how these frameworks have started to merge. We will cover the rules that govern key aspects of warfare, such as detention, targeting, means and methods of warfare, civilian protection, and humanitarian access. We will explore contemporary debates on LOAC issues, drawing on expert commentary on current conflicts. This course will also give students an understanding of the sources of international law (treaties and custom) and the UN Charter. Note: There are no strict pre-requisites, although students should consider taking Transnational Law (LAWS 784) prior to this course. Graduation Requirement: This course will satisfy the perspective course graduation requirement if a passing grade is earned. Basis of Grade: Students’ grade will be based on the following: 85% final exam; 15% quality of class participation. Form of Grade: Letter.

This seminar is an advanced course in criminal law that takes an in-depth look at the legal regulation, particularly the criminalization, of vice. The purpose of the course is to provide students with an understanding of and the ability to apply criminal law theory through a survey of six categories of vice: gambling, alcohol, illicit drugs (both marijuana and other drugs), nontraditional sex, prostitution, and pornography. For each category of behavior, students will review historical regulation, discuss contemporary legal regimes, and consider the justifications for continued criminalization and the expected benefits and costs of alternative methods of regulation. Through readings, guest speakers, and moderated in-class discussions, students will engage with both descriptive and normative questions about the regulation of vice. The course will meet once per week for two hours. Students may choose to take the course for 2 or 3 credit hours. Students who enroll in the 2 credit hour course are responsible for an in-class presentation and three one-page response papers during the semester and a ten-page research paper at the end of the semester. Students who enroll in the 3 credit hour course are responsible for an in-class presentation and three one-page response papers during the semester and a thirty-page research paper at the end of the semester. The three credit hour version of the course will satisfy the upper level writing assignment. Graduation Requirement: This course satisfies the perspective graduation requirement. If taken for 3 credit hours, this course satisfies the graduation writing requirement. Must earn a grade of C or better if taken for the writing requirement. Basis of Grade: 70% written work,15% in-class presentation,15% participation. Form of Grade: Letter grade.

The clinic will afford participating students an opportunity to gain first-hand, closely supervised training and experience in the representation of real clients and the practice of the arts/skills of litigation planning, client counseling, fact development, negotiation and courtroom advocacy. The vehicle for such training and experience is the planning, preparation and presentation of the legal defense in actual cases involving allegations of criminal conduct. All casework will be done under the supervision of a clinical professor. In addition to the cases there will be assigned readings, lectures, discussions, and demonstrations. Criminal Practice Clinic places emphasis on jury trial practice before the Municipal Court for the City of Columbia. Registration: Subject to Client Contact Clinic Lottery. Effective Fall 2020, a student who is enrolled in or has been enrolled in a clinical course may not enroll in LAWS 771. A student may not enroll in LAWS 771, an externship course, or a capstone course in the same semester. Graduation Requirement: This course satisfies the experiential course graduation requirement, must earn a grade of C or better. Basis of Grade: Performance on casework and participation in class discussions and exercises. Form of Grade: Letter Grade.

This course will explore the legal, social, and historical context of the death penalty and other forms of extreme punishment in the United States, with a special focus on the death penalty and life without parole in South Carolina. Pleadings, clemency petitions, and other primary litigation and advocacy documents will supplement case and secondary source readings to give students an understanding of current practice in capital case litigation. Challenges to the death penalty and other extreme punishments will be examined through review of the doctrine, jurisprudence, and social factors that shape this practice area. This course will also review the regulation of post-conviction remedies through state and federal habeas corpus and the availability of non-litigation remedies such as clemency. Students will also consider how race, poverty, and politics play a role in the administration of capital punishment and death in prison sentences. Finally, the course will place the U.S. death penalty and life sentencing practices in international context by reviewing recent developments in international human rights law and foreign death penalty litigation. Basis of Grade: Exam, presentation, discussion questions. Form of Grade: Letter.

Analysis of legal requirements and limitations on creation, maintenance and dissolution of family relationships. Basis of Grade: Final examination; the instructor may adjust grades 1/2 letter to reflect class participation. Form of Grade: Letter Grade.

Transportation plays a huge role in life and in law. This course generally focuses on a single case study to holistically analyze specific mobility-related legal issues; past topics have included sudden unintended acceleration in motor vehicles, unmanned aerial vehicles, and Robert Moses. In addition to this principal case study, each student typically selects,researches, and ultimately teaches a separate transportation law topic. Through these two parts, students engage with a range of legal and technical source materials to understand how lawyers (as well as legislators, regulators, executives, journalists, advocates, and engineers) confront interdisciplinary issues that affect human lives, challenge technical confidence, and implicate institutional credibility. The course materials introduce students to transportation law, and the broader lessons that emerge from the classroom discussions are intended to serve any attorney who must navigate complexity and confusion. Graduation Requirement: This course satisfies the perspective graduation course requirement. Basis of Grade: Final exam, class participation, class preparation. Form of Grade: Letter grade.

Health care spending accounts for a significant portion of our economy -- nearly 20 percent of the nation's GDP -- and that spending is shaped by a unique web of laws and regulations. This class will examine those laws and regulations, studying the legal regimes that govern health care financing in the United States. Particular emphasis will be placed upon Federal statutes that shape and regulate health insurance, including a study of Medicare (in both its "traditional" form and its more recent variations), Medicaid, CHIP, the Affordable Care Act, any pending or new legislation to supplement or supplant the Affordable Care Act, and additional statutes that govern areas such as employer-based insurance and emergency care. The goals of the class will be to: (1) understand how statutory text and other legal rules rely upon (and attempt to enact) different models of health care financing; (2) understand the theories behind these different financing models; and (3) learn about the legal, economic, and policy-oriented debates that surround these models. Time permitting, additional topics may include fraud and abuse laws, antitrust, laws governing tax-exempt organizations, and medical practice relationships. Basis of Grade: Class participation, final exam. As part of the class participation grade, students will be expected to provide a brief introduction to one class's readings about the debates in health care financing, and to initiate class discussion on that topic. Form of Grade: Letter.

This course explores the roles that police play in our society, the ways in which police agencies and officers are regulated, and how those regulations translate into police policy and officer behavior. While the Fourth, Fifth, and Sixth Amendment govern police investigations-searches, seizures, arrests, and interrogations-much of what the police do does not implicate constitutional concerns. Instead, those actions-including the selection and training of new officers, the management of a police agency, the administrative investigation of misconduct, the imposition of disciplinary measures, and many others-are regulated by a complicated skein of doctrines, statutes, and administrative policies. And those regulations, along with public expectations and perceptions, can meaningfully affect officer behavior, changing the way that a police agency relates to the public and the way that individual officers interact with civilians. This course will examine the historic and contemporary intersection of regulation and behavior, investigating how laws, administrative directives, and other factors can both contribute to and resolve problematic aspects of policing. Registration: LAWS 547 is recommended. Basis of Grade: Written assignment, observation exercise(s), and participation. Form of Grade: Letter.

The law relating to transactions or relationships with elements in more than one state: judicial and legislative jurisdiction; federal law and state law; choice of law; recognition and enforcement of foreign judgments; interstate divorce, support, and custody. A review of selected aspects of civil procedure, torts, contracts, property, and family law. Basis of Grade: Final examination; class participation will also be considered. Form of Grade: Letter Grade.

This course will examine the legal problems that arise when litigation involves people and events that span multiple state or national boundaries, with a focus on the challenge of determining the applicable law. The focus is on US court approaches that are applied in interstate and international cases, constitutional limitations on those approaches, and party efforts to contract for their own resolution to questions of jurisdiction and choice of law. Registration: Students enrolled in this course cannot enroll in LAWS 763. Basis of Grade: Assignments; Discussions; Final Exam. Form of Grade: Letter.

This seminar introduces students to the history, theory, and contemporary application of the Reconstruction Constitution—the Thirteenth, Fourteenth, and Fifteenth Amendments. These Amendments abolished slavery, established birthright citizenship, nationalized a set of fundamental rights, and expanded the right to vote. We will examine the implications of the Amendments for modern American life and contemporary legal practice, from abolitionism to equal protection and voting rights. To do so, we will examine the original historical documents of the public debates surrounding the framing, passage, and ratification of the Thirteenth, Fourteenth, and Fifteenth Amendments. Special focus will be given to the constitutional legacies of the abolitionist, woman’s rights, and long civil rights movements, as well as the constitutional theories that shape the way we understand our Reconstruction Constitution today. Prior exposure to constitutional law is recommended. Graduation: The course satisfies the perspective course graduation requirement. The course can satisfy the graduation writing requirement if taken for 3 credits and the student writes a paper of at least 30 pages in length and earns a grade of “C” or better. Basis of grade: Class participation and each student will write a memorandum of law or a research paper of at least 20 pages. Students electing 3 credits will write a paper of at least 30 pages. All students will participate in individual topic conferences, outline conferences, and rough draft conferences. Form of grade: Letter grade.

This course combines substantive instruction with a significant skills component in the form of drafting and oral advocacy. It will focus on litigation in US courts involving international parties. Topics include Jurisdiction, Choice of Forum, Choice of Law, and International Judicial Assistance (including the Recognition and Enforcement of Foreign Judgments). Registration: LAWS 784, LAWS 763, and LAWS 659 are recommended. Graduation Requirement: Satisfies Perspective Course requirement and skills course graduation requirement. Basis of Grade: Projects and written and oral skills exercises. Form of Grade: Letter Grade.

This course will consider constitutional, statutory, and policy issues affecting public education at the elementary and secondary levels. Topics include: the history of public schools, public school governance, public school finance and “adequacy” litigation, equal educational opportunity, school disciplinary issues, First Amendment concerns, Due Process concerns, special education, and school choice. Basis of Grade: Final examination and/or a series of writing assignments; class participation. . Form of Grade: Letter.

The course will focus on freedom and control of mass media in the context of the constitution, statutes, regulations and common law. The goal of the course will be to develop an analytical framework to assist in the resolution of conflicts arising from news gathering and publication in traditional and emerging media. Specific areas of discussion will include prior restraint, access to public records and places, defamation, invasion of privacy, copyright and privileges against compelled testimony and production from reporters. Basis of Grade: Final examination and class participation. Form of Grade: Letter Grade.

Course will use a series of problems in the fictional state of Petigru to provide a concrete context for considering the nature and purpose of: law, legal systems, and the state in a modern pluralistic society. Topics will range from “simple” neighborhood disputes to broader issues like distributive justice, affirmative action, capital punishment, and liberty. Registration: Students who took Jurisprudence with Professor Hubbard may not enroll in this course. Graduation Requirement: This course satisfies the perspective course graduation requirement. Basis of Grade: Take-home exam and class participation. Form of Grade: Letter.

This course will examine the law making process at the state and federal levels from the source of an idea for a legislative proposal through its ultimate publication as a statute. Among the issues addressed will be constitutional parameters limiting legislative power, legislative structure and procedures, legislative advocacy, and regulation of lobbyists. Practical exposure to the legislative process will be gained through guest lecturers. Basis of Grade: Final examination and weekly quizzes. Form of Grade: Letter Grade.

The course will examine how law has defined poverty and will assess the adequacy of that definition when measured against the experience of low income people. Throughout the course, we will pay special attention to how living in poverty affects children's well-being and development and how those effects should be redressed. In addition to considering the treatment of poverty as a constitutional category, we will survey the legal landscape of specific policy sectors: income support, housing, health care, education, and criminal justice. We will also scrutinize governmental and business practices that victimize and exploit low income people and investigate how such practices can be subjected to legal challenge and legislative or regulatory correction. The course will interrogate how political and ideological forces have shaped the law's understanding of poverty and will conclude by exploring anti­ poverty activism, particularly the efforts of the poor themselves, and the law reform initiatives associated with such campaigns. Graduation Requirement: This course satisfies the perspective course graduation requirement. Basis of Grade: Portfolio of response papers. Form of Grade: Letter.

This course provides an introduction to interviewing, negotiation, and counseling in a variety of legal contexts. Emphasis is placed on helping students improve those skills which are essential to accomplish these tasks competently, particularly problem-solving skills. Graduation Requirement: This course satisfies the experiential course graduation requirement. Must earn a grade of C or better. Basis of Grade: Simulations; out of class assignments; final examination Form of Grade: Letter Grade.

The Youth Defender Clinic affords participating students an opportunity to gain first-hand, closely supervised training and experience in the representation of real clients and the practice of litigation planning, client counseling, fact development, negotiation, and courtroom advocacy. The clinic also exposes students to systemic issues in youth justice systems, interdisciplinary issues in criminal litigation, and the delivery of services to children charged in the juvenile and adult criminal systems. In this clinic, students hone their skills through the planning, preparation, and presentation of the legal defense of children or people who were children at the time of their alleged delinquent or criminal offense. Representation may include trial-level delinquency cases, which require investigation, litigation of pre-trial issues, culpability, and disposition (sentencing) advocacy, parole cases, or post-conviction litigation. The clinic requires weekly supervision meetings and extensive outside of class work. Registration: Subject to Client Contact Clinic Lottery. This course satisfies the Children's Law Concentration requirement. Students must be available to meet with clients Monday through Friday. Court hearings are most likely scheduled for Tuesdays and Wednesdays. Effective Fall 2020, a student who is enrolled in or has been enrolled in a clinical course may not enroll in LAWS 771. A student may not enroll in LAWS 771, an externship course, or a capstone course in the same semester. Graduation Requirement: This course satisfies the experiential course graduation requirement, must earn a grade of C or better. Basis of Grade: Performance on casework and participation in class discussions. Form of Grade: Letter

This course explores the foundations, tenets and practices of the environmental justice movement, with its focus on centering and addressing the needs of people and communities that bear disproportionate environmental burdens. Although we will explore case law as appropriate, much of the course focuses on the ways that this social movement has necessarily deviated from a judicial-centered notion of justice. The course will include examinations of the history and theory of environmental justice in the United States, its application to a range of case studies, and its intersections with other emerging fields of justice studies—including climate change justice, energy justice, and food justice. We will pay particular attention to the ways that race, ethnicity, and class have shaped the challenges, tools, and politics of environmental justice. Graduation Requirement: This course satisfies the perspective course requirement. If taken for 3 credit hours, the student must must earn a grade of C or better to satisfy the graduation writing requirement. Basis of Grade: Grades will be based on class participation, a short in-class presentation, and regular participation in a course discussion board/blog (along with a substantial research project for students taking the class for three credits). Form of Grade: Letter.

This is an advanced course intended for students with a particular interest in business law on the national level. It will address applicable federal and state law (principally that of Delaware) relating to business combinations, both friendly and contested. Included will be coverage of asset acquisitions, mergers, leveraged buyouts, takeover defenses, directors’ duties, and tax and accounting rules peculiar to merger and acquisition activity, among other matters. Basis of Grade: Final examination. Form of Grade: Letter Grade.

This course explores the intersection of law and literature, with particular emphasis on the conceptual and cultural transmission of moral and legal concepts through literary and legal texts. Exploring works of moral and political theory, literary works, and legal cases, this course will examine themes such as the rule of law, justice, obedience, authority, power, duty, guilt, punishment and redemption. Readings will include works by Arendt, Kafka, Kleist, Melville, Camus, Plato, Faulkner, and others. Prerequisite: None.

A consideration of legal structures used by US businesses to undertake business outside the US and by foreign entities doing business in the US. The course uses case studies to examine tax and other legal reasons for choosing particular corporate and other business structures. Students will consider the strengths and weaknesses of various structures that are used in international business activities involving the trade of goods, technology and services (both outbound from the US and inbound to the US). Basis of Grade: Participation, Papers. Form of Grade: Letter.

Through the use of problems, the Sports Law examines the issues of amateur and professional sports. Particular attention will be given to negotiation and arbitration as they relate to contract formation and as to dispute settlement techniques. Basis of Grade: Exam. Form of Grade: Letter.

The course will examine the business and legal principles among several entertainment areas including music, film, television, and literary publishing. Although fundamental copyright issues will be touched on, the course will emphasize the practical aspects of legal representation of individuals, entities, and ideas in the entertainment business. Basis of Grade: Final examination. Form of Grade: Letter Grade.

This course will cover select issues in constitutional law, with a particular focus on human rights, through a comparative lens. The course will assess and compare how constitutional Courts across jurisdictions have dealt with the most pressing constitutional and human rights cases. The specific topics that will be covered include: the limitations to the right to religion or belief; freedom from torture and inhuman treatment; and controversial topics in medical law. The course will critically engage with both theoretical and practical problems raised by key constitutional cases. For example, students will discuss the role of courts in cases where fundamental rights conflict, and that require choices to be made about how to balance competing rights and interests. In addition, students will have the chance to engage with leading practitioners in the field (law and/or medicine). The jurisdictions covered in the course include the UK, select national constitutional Courts as well as regional supra-national Courts such as the European Union Court of Justice and the European Court of Human Rights. In particular, the course will allow students the opportunity to discuss how constitutional and human rights norms are interpreted in the context of the UK’s uncodified constitution. Finally, the course will assess the limits of judicial review as an appropriate tool for addressing some of the most controversial constitutional and human rights issues today.

This course is an introduction to comparative legal study, and will cover the common law and civil law traditions, as well as Islamic law, Asian legal traditions, informal law, and mixed legal systems. The course also covers various methodological and theoretical approaches to comparative law, and the history and culture influencing the evolution of various legal systems. The course will go into some detail on the procedural and substantive aspects of different areas of law in various legal traditions, including constitutional law, criminal law, contract law, and family law. Graduation Requirement: This course satisfies the perspective course graduation requirement. Basis of Grade: Final exam or paper. Form of Grade: Letter.

This course will explore U.S. and international legal responses to gender-based violence. Through classroom discussion, assigned readings and multi-media materials, and in-depth exploration of student-selected paper topics, the course will examine social constructions of gender and their relationship to violence, as well as the historical and contemporary treatment of multiple forms of gender-based violence under the law, such as trafficking, forced marriage, intimate partner violence, rape, sexual harassment, sexual violence within armed conflict, and ritualized practices. Graduation Requirement: This course satisfies the perspective course graduation requirement, and it satisfies the writing course graduation requirement, if taken for 3 credit hours, must earn a grade of C or better if taken for the writing requirement. Basis of Grade: Students will write one 15-20 page paper if they enroll for 2 credits or 30-50 page paper if they enroll for 3 credits. All students will submit one substantial draft and give a brief presentation of the paper during in-class workshops. Students will be graded on their first drafts, workshop preparation and performance, final papers, participation in class discussions and workshops, and completion of written responses to discussion questions. Form of Grade: Letter.

This course offers an overview of how race has been treated in American law, emphasizing both a historical perspective and current legal issues. This course examines the historical treatment of African-Americans, Native Americans, Asian Americans, and Hispanics. The historical discussion includes an examination of slavery and the post-Civil War amendments. The course surveys many current legal issues impacted by race, including the desegregation of schools, affirmative action, racial justice in criminal law, voting rights, and employment discrimination. Graduation Requirement: This course satisfies the perspective course graduation requirement. It may be taken for 3 credit hours to satisfy the graduation writing requirement. Must earn a grade of C or better if taken for the writing requirement. Basis of Grade: Student’s choice of research paper or series of reading response papers, and class participation. Form of Grade: Letter.

This seminar takes an in-depth look at the segment of the country known as "Rural America" through a law and policy lens. The purpose of the course is to provide students with an understanding of how law, policy, and place interact both in a theoretical sense and in ways that affect legal practitioners. Students will critically analyze the differences between ''urban" and "rural" places, with a focus on local government, criminal, and land use law, access to justice, and socioeconomic issues such as class, race, and livelihoods. Students will also develop a deeper understanding of the historical laws and policies that shaped modern rural America, as well as current rural policy challenges, such as the opioid crisis. The last segment of the course will involve examination of case studies that illustrate the issues covered in the course, potentially to include disputes between ranchers and federal agencies in the West and the criminal trials of members of the Bundy family. Graduation Requirement: This course satisfies the perspective course graduation requirement. Form of Grade: Letter. Basis of Grade: Class Participation, Paper(s).

A survey course focusing on the actors, sources, and principles of international or transnational law. The transnational law course introduces students to the basic contours of public international law, private international law, domestic (U.S.) law on international issues, supranational law, and comparative law, with a particular focus on the former three categories. The course will provide foundations for further in-depth study in any of these areas and will also provide ample background in these concepts for students who may only take one international law course during their law school careers. Graduation Requirement: The course satisfies the perspective course graduation requirement. Basis of Grade: Final examination. Form of Grade: Letter Grade.

The course will introduce and provide insights and practical information regarding the diverse in-house legal practice areas and disciplines through assigned readings, lecture, materials, guest attorney specialists, and interactive class discussions and simulations. Graduation Requirement: Course satisfies the experiential requirement. Must earn a grade of C or better. Basis of Grade: Grades will be based on class participation, drafting exercises, in-class simulations, and professionalism. The exercises and simulations will allow students to demonstrate research, drafting, and client advisory skills. Form of Grade: Letter.

In this course, students will learn about the concepts of restorative justice and transformative justice, how they developed from various systems of justice around the world, how they have been implemented in the United States, and how and when restorative justice can become transformative justice. Students will be expected to think critically about what existing state-centered justice systems achieve (versus what they purport to achieve), how restorative and transformative justice compare with such systems, and to what extent any of these systems further justice. Particular attention will be paid to various forms of implementation, and students will be asked to consider how and when restorative justice should be implemented. At the end of the course, students will have an understanding about what the terms restorative justice and transformative justice mean, why such forms of justice are being promoted as an alternative to the existing criminal justice system, and how to develop restorative and transformative justice processes. Graduation Requirement: Course satisfies the perspective course graduation requirement. Basis of Grade: In-class participation and assignments, final project. Form of Grade: Letter.

This course will teach students about wrongful convictions. Topics covered will include: (1) the history of wrongful convictions; (2) the causes of wrongful convictions; (3) reforms related to preventing and/or rectifying wrongful convictions; (4) options available to appeal wrongful convictions; and (5) compensation for exonerees. Graduation requirement: This course satisfies the perspective graduation requirement. It also satisfies the graduation writing requirement if taken for 3 credits and the student writes a paper that is at least 30 pages and earns a “C” grade or better. Basis of Grade: Class participation and final paper. Form of Grade: Letter.

This course will teach students about the history, public policy considerations, and constitutional and statutory law surrounding the plea bargaining process. Topics covered will include (1) the intersection between the Brady doctrine and plea bargaining; (2) the admissibility of statements made during the plea bargaining process; (3) the right to the effective assistance during plea bargaining; (4) waivers of appellate rights; and (5) judicial participation in the plea bargaining process. Graduation Requirement: This course satisfies the perspective course graduation requirement. Basis of Grade: The grade will be based on class participation and a 12-15 page final research paper on some aspect of the plea bargaining process. Form of Grade: Letter.

This course examines non-litigation based, cross border dispute resolution, in particular mediation and consiliation alongside international commercial and investment arbitration law and practice from a comparative, multi-jurisdictional perspective. At the same time, it will also address in depth the United States law of international commercial and investment arbitration. Students can expect to review commentaries, statutes, treaties, and case law, plus arbitral awards. The course is comprised of eight main topics: (1) mediation and conciliation, either separately or in advance of arbitration; (2) the borderline to international litigation and the practical preference written into international contracts typically for arbitration, mediation or consiliation in its place; (3) the comparative law side that an international arbitration would seem to the US litigator less a live trial than an appellate or Civil Law court proceeding (no jury, focus on the file and documentation-oriented, very limited discovery, typically confidential proceedings, and run more by the arbitrators than the lawyers on the Civil Law judicial model) (4) coverage of the Convention on the International Sale of Goods (CISG) as the likeliest substantive law governing trade in goods in ordinary international commercial arbitrations; (5) the agreement to arbitrate or treaty rights (particularly, the1958 New York & ICSID Conventions, alongside sample FTA and investment treaty rights); (6) the selection and role of the arbitrators; (7) the arbitration process; and (8) the arbitral award and its enforcement. The role of national courts in the process will also be examined, alongside collateral substantive law areas like sovereign immunity and waivers (particularly involving state-owned enterprises) and basic investment law treaty and customary law principles. This course provides an introduction to the law, theory, and practice of international mediation and conciliation alongside commercial and investment arbitration, which have become the default method of resolving international commercial and investment disputes. Notes: There are no prerequisites, but taking at the same time, or already having taken, Transnational Law or any similar basic introductory course to public international law, or International Business Transactions, would be advantageous. Basis of Grade: The grade will be based on a final examination, exercises, class presentations and class participation. Form of Grade: Letter.

The history of the development of English legal institutions, such as the courts and the jury system, and the evolution of the common law, up to the time of the American Revolution. Graduation Requirement: This course satisfies the perspective course graduation requirement. Basis of Grade: Exam. Form of Grade: Letter.

Students will work approximately 210-245 hours (30-35 hours per week) with either a state or federal judge. They will be exposed to the work of the federal or state judiciary by working with the judge and the law clerk. Typically, the student will have the opportunity to observe court proceedings and conferences in chambers with the guidance of the supervising judge. The student may also assist the judge and the law clerk in research and drafting documents such as bench memoranda, jury instructions, and opinions. In addition to their work at the court, students will meet periodically with a faculty member to reflect upon their fieldwork experiences. Graduation Requirement: This course satisfies the experiential course graduation requirement, must earn a grade of C or better. Basis of Grade: Students must submit a contemporaneously maintained daily journal of their experience, along with either an example of a written product prepared during the externship or a short paper reflecting on a professional aspect of the experience. The fieldwork supervisor will also complete an evaluation of the student’s performance. Evaluation submitted by the fieldwork supervisor, the quality of the student’s written submissions, participation in the class sessions, and a determination by the faculty member that all requirements of the externship have been satisfactorily completed. Form of Grade: - Letter.

Students will work approximately 8-15hours per week with either a state or federal judge. They will be exposed to the work of the federal or state judiciary by working with the judge and the law clerk. Typically, the student will have the opportunity to observe court proceedings and conferences in chambers with the guidance of the supervising judge. The student may also assist the judge and the law clerk in research and drafting documents such as bench memoranda, jury instructions, and opinions. In addition to their work at the court, students will meet periodically with a faculty member to reflect upon their fieldwork experiences. Graduation Requirement: This course satisfies experiential course graduation requirement, must earn a grade of C or better. Basis of Grade: Students must submit a contemporaneously maintained daily journal of their experience, along with either an example of a written product prepared during the externship or a short paper reflecting on a professional aspect of the experience. The fieldwork supervisor will also complete an evaluation of the student’s performance. Evaluation submitted by the fieldwork supervisor, the quality of the student’s written submissions, participation in the class sessions, and a determination by the faculty member that all requirements of the externship have been satisfactorily completed.

This course is a survey of American law, tracing the developments between the colonial period and the present day. The thematic element is that of change – asking how societal changes have affected the law, and, conversely, how the law has changed society. The discussions will also consider the times when the law did not play role in substantial change. As with any survey course, the class proceeds rapidly, allowing coverage of roughly four centuries in a single semester. There will, however, be stopping points, especially when the relationship between law and society seems especially contentious. The course will include both public and private law, offering multiple opportunities for inquiry about change. Graduation Requirement: This course satisfies the perspective course graduation requirement. Basis of Grade: Final examination, plus contributions to class discussion. Form of Grade: Letter.

Innovations in technology are continually reshaping the field of medicine - and the law, in turn, plays a significant role in shaping and enabling those innovations. Sometimes the role of the law is to fund or otherwise incentivize these technologies; other times, it is to regulate or even prohibit them. In each instance, the law plays an important role in shaping the future of medicine. This course will examine the many ways that the law intervenes in the development and implementation of medical technologies, with a particular focus on federal law. It will include an examination of how federal law regulates and interacts with medical technologies such as: health information technology, telemedicine, and the development of new drugs. Looking at these and other issues, we will examine the conflicting social goals and values that often emerge when a new medical technology becomes possible - and we will examine the ways, both successful and unsuccessful, that the law has attempted to manage these tensions. Basis of Grade: Class participation, final paper. As part of the class participation grade, students will be expected to briefly introduce and initiate class discussion on one topic during the semester. Form of Grade: Letter.

This course provides a broad introduction to the substantive law governing campaigns and elections. It focuses specifically on the election process beginning with the nomination of candidates, the campaign for office, voting, and election protests and challenges. The course will also highlight legal issues in redistricting after a census. The course also covers the intersection of election law with campaign regulation and First Amendment free speech rights. Students will gain practical insights into the handling of disputes arising out of the election process. Basis of Grade: Final Exam and Class Participation Form of Grade: Letter

This course will examine the theories and techniques by which courts determine the meaning and application of statutes. Techniques explored will include the “plain meaning rule”, textual and other indicators of legislative intent, the significance of legislative history, the canons of statutory construction, and deference to administrative interpretation. Basis of Grade: Final examination. Form of Grade: Letter Grade.

The course will examine a range of juvenile justice policy issues. Topics will include: quality of and access to counsel for youth in delinquency cases, systemic racial and ethnic disparities, over incarceration of youth, the role of schools as feeders to the juvenile justice system, and transfer of youth to the adult criminal justice system. The course will also examine social science related to adolescent development. Graduation Requirement: This course satisfies the perspective course graduation requirement. This course also will satisfy the writing course graduation requirement, if taken for 3 credit hours, must earn a grade of C or better if taken for the writing requirement. Basis of Grade: Paper. Form of Grade: Letter.

A survey of the history, law, and policy underlying the capital punishment system in the US. Topics will include the eligibility of offenders and offenses for the possibility of death, procedural issues in death sentencing, and methods of execution. Graduation Requirement: This course satisfies the graduation writing requirement. Must earn a grade of C or better. Basis of Grade: Paper. Form of Grade: Letter Grade.

The seminar addresses the relationship between tort theory and doctrine. Though one focus of the seminar is on the role in tort law doctrine of control of people or property, students will be given latitude in selecting a paper topic in terms of tort law doctrine to be addressed and theoretical framework to be used. Students may focus on the South Carolina law on the chosen topic or address the “national” law on the topic. Where appropriate, proposals for changing doctrines should be included. Registration: Class will not meet regularly during the middle of the semester while students are writing their papers. During the final part of the semester, students will present their papers to the class. Graduation Requirement: Satisfies the perspective course graduation requirement. Basis of Grade: Paper, presentation, and class participation. Form of Grade: Letter.

This course is designed to demonstrate to our students the origins of our own justice system and the manner in which the English tri-partite governmental polity, which so strongly resembles our own, is significantly different in professional training, law formation, and the interaction among the executive, legislative, and judicial sectors. Registration: Students are also required to enroll in the other London program course. Graduation Requirement: This course satisfies the perspective course graduation requirement. Basis of Grade: Participation and exam. Form of Grade: Letter grade.

This course will examine European environmental law, comparing and contrasting the character and development of legal and policy responses to the problems created by industrial society in Europe with those created to address similar problems in the US. Specific topics may include regulation of greenhouse gas emissions, oil and gas extraction, and production and disposal of toxic materials. The course will also examine the influence of structural features of European law, such as the precautionary principle and multi-layer federalism. Registration: Students must also enroll in the other London program course. Graduation Requirement: This course satisfies the perspective course graduation requirement. Basis of Grade: Participation and exam. Form of Grade: Letter.

Taxation of Property Transactions is the second step in a course progression from Income Tax to upper level tax courses such as Corporate Tax and Partnership Tax. The course will build upon the foundation established in Income Tax, delving into more complex tax provisions and concepts that govern a wide variety of property transactions, including topics such as: treatment of capital assets, anti-abuse doctrines, installment sale rules, like-kind exchanges, deferred payment sales, cost recovery mechanisms, loss limitations, and sale/lease back arrangements. The course will appeal to students interested in real estate practice, as well as those interested in continuing tax studies. In addition to broadening students' knowledge of tax law doctrine, the course will also enable them to continue to develop their statutory interpretation and advocacy skills. Basis of grade: Class participation (10%), a midterm question (10%), and a final exam (80%). Form of grade: Letter grade

This course will address how the legal system has constructed and applied notions of gender and gender equality. It will introduce students to significant contemporary legal scholarship on the status of women in modern America, and will explore how gender affects legal relationships including some consideration of employment. The materials will include sexual harassment, domestic violence, and domestic relations disputes. Graduation Requirement: This course satisfies perspective course graduation requirement. Students who have taken LAWS 624 may register for this course. Basis of Grade: Written exercises. Form of Grade: Letter Grade.

This course explores and develops practical advocacy skills in the area of environmental representation. Topics include: case planning; administrative, legislative, and litigation practice; policy development; settlement/negotiation; remedies; ethical considerations and effective communication between lawyers and environmental scientists, engineers, and other professionals. In order to facilitate meaningful learning regarding all aspects of advocacy, the course relies heavily on simulations, guest lecturers from lawyers and non-lawyers, and collaborative work. This course is required for students participating in the Environmental Law Clinic, but is open to non-clinical law students as well as graduate students from other schools in the university-wide School of the Environment. Registration: LAWS 731 is recommended. Graduation Requirement: This course satisfies the perspective course graduation requirement and the writing course graduation requirement. This course satisfies the skills course graduation requirement. Basis of Grade: Paper, performance on simulations and class participation Form of Grade: Letter Grade.

The Environmental Law Clinic is one of two transactional clinical offerings at the School of Law. Students in this clinic will learn transferable legal skills advising organizational entities on complex environmental and land use matters. Students will interview and counsel their clients, take a leadership role to strategize on addressing client needs, conduct factual investigations and legal research, and draft legal documents. Substantive matters in the past have involved green space, forest, and agricultural conservation, regional water planning, carbon cap-and-trade programs, local government law, and federal environmental law. Matters have also involved contract-drafting, ordinance review, and other forms of legal analysis.Clients are either non-profit organizations or public entities working on environmental matters in the public interest. Registration: LAWS 731 and LAWS 709 recommended. Subject to Client Contact Clinic Lottery. Effective Fall 2020, a student who is enrolled in or has been enrolled in a clinical course may not enroll in LAWS 771. A student may not enroll in LAWS 771, an externship course, or a capstone course in the same semester. Graduation Requirement: This course satisfies the experiential course graduation requirement, must earn a grade of C or better. Basis of Grade: Student grades will be based upon quality of interactions with and services provided to clients, including communication, interviews, work products, counseling, and other tasks (60%); class participation, including active and prepared contributions to seminar and case rounds and the timely completion of assignments (20%); and professionalism and adherence to clinic procedures/professional practice rules, including the ability to work with teammates and supervisors, as well as responsiveness to feedback (20%). Form of Grade: Letter Grade.

Prior technical understanding is not required to succeed in this course. Students in this course will study the applicability of both criminal sanctions and civil remedies against cybersecurity attacks by non-governmental individuals or entities and the availability of other measures that impose costs upon foreign state actors who engage in cybersecurity attacks. The course also will cover legal responsibilities and potential liabilities that encourage potential victims of attacks to better secure their systems against attack. Government regulations, disclosure requirements after an attack, potential civil liability of system operators, and cybersecurity insurance are addressed in detail. The course will look at ways in which governmental entities are able to protect against or mitigate harm from a cyber­ attack. Other topics that may be covered include the drafting of a legally adequate response plan and consideration of issues related to lawful hacking, as well as government use of hacking for intelligence gathering and espionage. At the start of the course, students will be introduced to the anatomy of a typical cybersecurity attack and to the terminology most frequently used in cybersecurity discussions. Basis of Grade: Class Participation (20%), Short Paper (20%), Final Exam (60%). Form of Grade: Letter.

A review of various business torts with an emphasis on liability arising from the theft of prosecution and defense of business torts, and will involve a number of practical case studies which will require students to determine how to counsel clients, advocate positions, develop policies and procedures and refine litigation strategies. Basis of Grade: Final Exam. Form of Grade: Letter.

This course will simulate a law firm setting in which enrolled students will work as junior associates in the law firm representing the plaintiff or the law firm representing the defendant. Students will handle a case from the time the client seeks legal advice from the firm until the case is ready for trial. This course will expose students to the drafting skills private practice lawyers need to handle a case in the course of civil litigation. Specifically, students will (1) build on writing and research skills learned in the first year; (2) express legal analysis clearly in both written and oral communications; (3) critically examine information in its original form and discern information relevant to the litigation; (4) make strategic decisions about litigation based on the client’s expressed goals, the facts of the case, and the law; (5) cooperate with other small group members to produce a final, written document and to orally advise the supervising attorney on the status of the pending litigation; and (6) practice the interpersonal skills needed to work cooperatively and collegially with attorney colleagues, opposing counsel, and support staff. Graduation Requirement: Students taking this course may elect to satisfy either the graduation writing requirement or the skills course graduation requirement, but not both. Basis of Grade: Written assignments. Form of Grade: Letter.

This simulation course is for third-year (3L) students interested in civil litigation. Students will be divided into two “law firms” and serve as “associates” in the law firms. The assignments will focus on the pretrial aspect of a civil litigation. Students will have an initial client meeting, write a research memo to the client, draft pleadings, draft and argue motions, prepare discovery requests and answers, take depositions, and hire and prepare witnesses for a deposition. In the course of these exercises students will confront problems dealing with choosing the proper parties, identifying the proper jurisdiction for the litigation, settling discovery disputes, and calculating damages. Registration: Limited to 3Ls. Students are limited to enrolling into one Capstone course. Graduation Requirement: This course satisfies the experiential course graduation requirement. Must earn a grade of C or better. Basis of Grade: Written and oral assignments. Form of Grade: Letter.

TBD

This course explores the use of alternative dispute resolution to resolve employment disputes. The course will examine the use of methods other than litigation to enforce employment contracts and statutory rights related to employment. The course will focus on the intricacies of arbitration and mediation in the employment setting. The course includes several practical exercises involving the use of alternative dispute resolution techniques. Completion of this course with a grade of C or higher will satisfy the graduation writing requirement. Registration: Prior exposure to courses or practice in the employment law area would be beneficial. Graduation Requirement: This course satisfies the the writing course graduation requirement, or the experiential course graduation requirement, but not both. Must earn a grade of C or better. Basis of Grade: Written assignments and class participation. Form of Grade: Letter Grade.

This seminar will explore themes in international human rights law, such as the rights and duties of states, minority rights, and the use of international bodies to air and resolve grievances. The course will include both a theoretical and practical component and will be primarily discussion based. Graduation Requirement: This course satisfies the perspective course graduation requirement. It does not satisfy the graduation writing requirement. Note: Students who enroll in this course may not enroll in International Human Rights Law (LAWS 824). Basis of Grade: Paper. Form of Grade: Letter Grade.

This course is designed to explain how domestic and international law shape U.S. national security operations and policies, focusing primarily on seven contemporary topics at the intersection of national security and international law. The course is divided into two parts. The first part will cover the domestic and international law frameworks that authorize and restrain action taken to protect U.S. national security. This part will focus on Presidential and Congressional powers, as well as the role of the National Security Council and key Departments in formulating and executing national security policy within the Executive Branch. This part will also examine the incorporation of international law in U.S. domestic law and fundamental rules of international law (i.e., the UN Charter, principles of the laws of war, and state responsibility) relevant to U.S. national security. The second part will examine contemporary topics in national security, drawing on the legal frameworks addressed in the first part. This part will cover five recurring topics (nuclear war and disarmament, cyber operations, military uses of artificial intelligence, the Intelligence Community and covert operations, and prosecutions of terrorists). The remaining two topics will be selected each year, based on current events. In each of these seven topics, the class will focus on how domestic and international law interact to inform government decision-making. The course is also designed to give students a better understanding of the actors, institutions (both domestic and international) and processes that shape the applicable legal framework. In addition to understanding the black-letter law, the course will expose students to different viewpoints on legal/policy issues related to national security and require students to defend and criticize competing legal positions. The course may include one written assignment, which will be modeled on the type and style of memo a government attorney would be expected to write. Basis of Grade: Students’ grade will be based primarily on the final exam, although class participation, and potentially a short written assignment, will also be considered in the final grade. Form of Grade: Letter.

This course covers the same material as LAWS 615: the creation, perfection, priority, and enforcement of security interests under Article 9 of the Uniform Commercial Code. This course, however, analyzes Article 9 from a more transactional perspective than LAWS 615. The primary focus of the course is on structuring transactions to resolve potentially controversial issues through prior agreements rather than subsequent litigation. Students, working both individually and in groups, will draft written responses to problems and present those responses in class. In addition, students will be assigned exercises including drafting financing statements and the provisions of security agreements, intercreditor agreements, and third party opinion letters. Registration: Students who have taken LAWS 615 or are registering for LAWS 615 in the spring 2014 semester, cannot register for this course. Basis of Grade: Problems and Drafting Exercises. Form of Grade: Letter.

This course will review key components of rule of law programs undertaken by the United States and the international community in post-conflict, transitional, and developing states. The course will consider the theories, goals, and effectiveness of rule of law programming. Class discussion will involve critical analysis of the strategies and methodologies relating to some of the key components of rule of law programming, such as: constitutional development, judicial reform, accountability for atrocities, alleviation of corruption, use of local customary law, and resolution of land and property disputes. Readings will include scholarly analyses and case studies of rule of law programs in various countries. Graduation Requirement: This course satisfies the perspective course graduation requirement and the writing course graduation requirement. Must earn a grade of C or better. Basis of Grade: Class participation and student’s choice of research paper or series of response papers. Form of Grade: Letter .

Intensive one-credit course on certain basics of environmental law and policy. The course will cover: relevant history of environmental law and policy; fundamental statutory, regulatory and case law as well as other authorities in the environmental field; an overview of the relevant federal agencies; and a case study. We will use a combination of interrelated classroom work, discussion, presentations, video and web access, reading, and a simulation to explore environmental law and policy. This course is neither a substitute nor a prerequisite for the more in-depth Federal Environmental Law course. This course is required for Dual Degree students pursuing a Masters of Studies in Environmental Law through Vermont Law School, and is also open to all USC law students and other graduate students in the University. Registration: Required for students in the JD/MELP program. Basis of Grade: Final examination. Form of Grade: Letter Grade.

This course focuses on individual criminal responsibility for aggression (crimes against peace), offenses against the law of war (humanitarian law), and grave human rights abuses (genocide and crimes against humanity) in the modern era. The course explores the development of extra-territorial and international jurisdiction over criminal suspects of non-consenting states in the post World War II era. We will examine the work of the Nuremburg Tribunal and the International Military Tribunal for the Far East, ad hoc United Nations tribunals including the International Criminal Tribunal for the Former Yugoslavia and the International Criminal Tribunal for Rwanda, the International Criminal Court, and prosecutions in the national systems of various states including the U.S. We will pay close attention to enforcement of the United Nations Charter and the Geneva Conventions. The course will also explore cutting edge contemporary issues such as resistance to I.C.C. authority, the legality of forceful humanitarian intervention absent Security Council authorization, detention and interrogation of combatants, and (time permitting) problems associated with new methods of warfare, including the use of unmanned drones and suicide bombers. The course is designed to help students develop a sophisticated appreciation of criminal theory and the structure of criminal law. Registration: LAWS 784 is helpful , but is not required , and students without a prior background in LAWS 666 have frequently earned top grades in this course. Graduation Requirement: This course satisfies the perspective course graduation requirement. Basis of Grade: Examination. Form of Grade: Letter.

The American financial sector is among the most sophisticated in the world, but has been undergoing rapid change since the early 1980s. The course has four goals and is targeted primarily at students interested in the Charlotte practice or JD/MBA students (Charlotte now being the second largest banking center in the United States). The first is to introduce you to enough regulatory and market history to understand where financial sector law comes from, because many of the older institutions designed for a different world are still out there. The second goal is to introduce you to the current regulatory structure(s) that in many ways reflect compromises cobbled together following different financial sector crises since the early 1980s, and are still subject to lively debate. The third goal is to introduce you to the on-going changes in financial sector and the more likely prospective regulatory responses, because it seems highly likely that change shall continue. The hidden fourth aspect is that much of financial sector regulation is undertaken by independent regulatory agencies (such as the Federal Reserve, FDIC or SEC), rather than directly under statute, so that the changes for the past 25+ years typically are either foreshadowed or reflected more in regulation and administrative actions, rather than in legislation. So you have to understand how the regulatory agencies work because they create and apply most of the applicable law in the form of regulation. Basis of Grade: Drafting legal and regulatory documents for use in the regulation process, in teams. Form of Grade: Letter Grade. Corerequisite: LAWS 609.

The course presents the basic features of the Jewish legal system and a number of points of comparison to American law. The first half of the course will provide an historical and literary conspectus to Jewish Law by examining the eternal question of the appropriate remedies for personal injuries. Specific topics covered include: the Biblical Law of Injury; Biblical Methods of Resolving Disputes (including references to the New Testament); and the Rabbinic Law of Injuries. This will be followed by several class hours devoted to the laws of marriage. The remaining class sessions will examine the process used to reach religious legal decisions from three modern perspectives, including decisions concerning Sex and Family Life. These discussions should help you see how the Jewish legal tradition is being applied in modern times by different groups within the Jewish community. The comparative study of another legal system can be an important part of learning about one’s own system. A religious legal system is especially useful for comparative purposes. Its religious roots feed a set of assumptions about the nature of humanity and of the law considerably different from those of a self-consciously secular system like American law. All class materials are in English and it is assumed that students have no special background or familiarity with the materials. Students of all religious, racial, or ethnic backgrounds are encouraged to enroll in this course. The comparative focus of this course puts all students on a level plane at the beginning, with perhaps a minor advantage for those who have studied some philosophy in their undergraduate training. Graduation Requirement: This course satisfies perspective course graduation requirement. Basis of Grade: Final examination and class participation. Form of Grade: Letter Grade.

This course will present and foster discussion of the legal history of American society with regard to its treatment of Blacks, including slavery, segregation, and the rise and fall of school desegregation. It will also focus on other important contemporary racial issues, including affirmative action, definitions of race discrimination, religious and philosophical bases for dominant American culture, and the theoretical basis for African-American culture. In examining contemporary racial issues this course will use not only legal cases, but also historical, philosophical and sociological writings with a particular emphasis on the writings and insights from critical race theory. Graduation requirement: This course satisfies the perspective course graduation requirement. Basis of Grade: Examination. Form of Grade: Letter grade.

This course will: (1) review seminal Supreme Court precedents addressing the free exercise of religion and the Establishment Clause;(2) introduce students to influential scholarship addressing the Religion Clauses; and (3) analyze important contemporary controversies involving both the interpretation of the Religion Clauses and the challenge of integrating other constitutional guarantees with the protection of religious liberty and freedom of conscience. The course will also have a comparative component in which American constitutional approaches to questions such as the manifestation of religious identity, the role of religion in civic ceremonies, and the relationship between government and religious institutions as well as the relationship between civil and religious law will be juxtaposed with the legal experience of other nations. Basis of Grade: Either a final examination or three writing assignments, at the discretion of the professor. Form of Grade: Letter.

This course will provide a basic introduction to the international and regional human rights legal regimes, including the legal instruments and institutions responsible for implementing those regimes. The first part of the course will introduce students to the foundations of human rights, the applicable treaties, and the operation of the various treaty regimes. We will also discuss the role of nonstate and domestic actors in protecting and promoting human rights. The second part of the course will focus on current issues in human rights, which will create space to engage in deeper legal research and analysis of how various legal instruments and norms play a role in specific, present-day challenges to human rights. Note: Transnational Law is recommended. Students who enroll in this course may not enroll in International Human Rights Seminar (LAWS 812). Graduation requirement: This course satisfies the graduation perspective course requirement. Basis of Grade: Class participation, midterm exam, and presentations. Form of Grade: Letter.

This course will study reproductive rights by examining the history, purpose, and constitutionality of the laws that protect or restrict these rights. The course will consider the important legal questions related to contraception, procreation, pregnancy, childbirth and parenthood. It will also examine the historic and continuing regulation of sex and sexuality with a particular emphasis on the gendered dimension this regulation. Lastly, this class will look at changing conceptions of deviancy and the way the law grapples with “troublesome” relationships or “threatening” behaviors. Family Law (LAWS 759) is recommended, but not required. Graduation Requirement: This courses satisfies the writing requirement if taken for 3-credit hours; must earn a grade of C or better. This course also satisfies the perspective requirement. Basis of Grade: The grade will be based on final papers and class participation. Students will be asked to complete an outline, then a draft. They will receive feedback on both the outlines and drafts and will be expected to incorporate and respond to this feedback in the final paper. Students are expected to be prepared to participate in each class and class participation will be 30% of the final grade. Form of Grade: Letter.

This course provides an introduction to the law and regulation of energy resources, primarily in the United States, focused on three core areas within the field. The first part of the course will cover extraction of energy resources, primarily coal,oil,and natural gas. The second part will cover regulation of the electricity generation and distribution system, including public utility and rate regulation, transmission, and relevant environmental regulations. The final part of the course will address legal and regulatory issues specific to nuclear and renewable energy, with a particular focus on the Southeast. Throughout, the course will focus on the ability (or inability) of legal and regulatory regimes to keep pace with rapid change in the energy sector. Registration: LAWS 731 and 709 are recommended. Basis of Grade: In-class exam. Form of Grade: Letter Grade.

Rhetoric is the study of how societies govern themselves and resolve conflict through the construction of knowledge, power, and language. Rhetoric is at once civic art, hermeneutical method, and persuasive technique. Drawing back to ancient times, rhetoric is a foundation of law, and has through history brought to forefront the lawyer’s ethical and political roles within society. In this seminar, students will learn to integrate the substance and practice of legal rhetoric. From a substantive standpoint, students will learn about legal rhetoric as an instrument of knowledge and power. They will learn that words and ideas cannot be neatly or easily separated, and that all ideas come from distinct perspectives that are expressed through language – language that can be analyzed to reconstruct perspectives and even motives. In law, rhetoric exists not only in briefs and oral arguments; it pervades every piece of legislation, every judicial opinion, and even the procedures through which law does its work. This means – and students will learn - that the law is always “interested,” reinforcing particular social relations and ways of thinking at the expense of others. From a practice standpoint, students will explore how lawyers and judges use language to persuade. We will examine a variety of rhetorical methods and modes of rhetorical analysis, including the classical modes of appeal (pathos, ethos, logos), rhetorical criticism, and the use of categories, metaphor, storytelling, and informal logic. Students will prepare an interim writing assignment and will conclude the course with an original rhetorical analysis of one or more legal artifacts of their choosing. Graduation Requirement: Course satisfies the graduation perspective course requirement. Basis of Grade: Course can only be taken for two credit hours for the spring 2022 term. Students who take the course for two credits will complete the two writing assignments below: 1) An interim writing assignment of at least 2500 words each (approximately 10 double-spaced pages in Times New Roman), using one or more assigned rhetorical approaches to analyze an assigned legal artifact. 2) A final paper of at least 2500 words each (approximately 10 double-spaced pages in Times New Roman), using an assigned rhetorical approach that differs from the first paper’s approach to analyze the student’s legal artifact. Form of Grade: Letter.

This course provides an overview of practice and procedure before administrative agencies in South Carolina. It will introduce administrative law concepts such as notice and due process, rulemaking, the South Carolina Administrative Procedure Act, and associated case law, as well as provide a survey of state agencies, their jurisdiction, and specific agency statutes such as the Revenue Procedures Act. Practical information on practice and procedure before adjudicative administrative bodies such as the Administrative Law Court will be an integral part of the course. Registration: Students may take both this course and LAWS 709. This course does not satisfy the LAWS 709 requirement of Vermont Law School for students in the dual-degree program. Basis of Grade: Final examination. Form of Grade: Letter Grade.

This seminar teaches practical advocacy necessary to represent the interests of military veterans in administrative, legislative, litigation and other matters. Students learn advocacy skills through interaction with simulated clients and decision makers. This course is a prerequisite for participating in the Veterans’ Rights Clinic, but is not limited to those students. Enrollment in this course does not ensure later enrollment in the Veterans’ Rights Clinic. Registration: This course does not satisfy the graduation writing requirement. Basis of Grade: Simulations, papers and class participation. Form of Grade: Letter Grade.

The Clinic will provide direct legal services to veterans with legal issues that are most likely to affect their ability to obtain or retain employment and contribute to homelessness among this population. The Clinic will help to resolve housing, debt and domestic issues that affect the client and others in the home, thereby stabilizing communities with low-income veteran populations. Students will have an opportunity to develop legal skills, including: interviewing and counseling clients, fact investigation, legal research, writing, and analysis, case strategy, negotiations, and courtroom advocacy. The course also will give students an opportunity to consider the broader context of their individual cases through class discussion and community-based projects, which may include know-your-rights presentations, limited advice and assistance clinics, and policy research. Registration: Subject to Client Contact Clinic Lottery. Effective Fall 2020, a student who is enrolled in or has been enrolled in a clinical course may not enroll in LAWS 771. A student may not enroll in LAWS 771, an externship course, or a capstone course in the same semester. Graduation Requirement: This course satisfies the experiential course graduation requirement, must earn a grade of C or better. Basis of Grade: Students will be graded on their performance on casework and participation in class discussions and exercises. Form of Grade: Letter Grade.

This course will address issues related to children in the courts, with particular attention to children who are in criminal or family court as witnesses (including as victims of abuse and neglect) and to children who are in family court as delinquents. Specific issues covered will include an overview of legal systems, the role of counsel in representing children, evidentiary rules, and systemic issues involving children and the courts. Graduation Requirement: This course satisfies the perspective course graduation requirement. It does not satisfy the graduation writing requirement. Basis of Grade: Final examination or paper and class participation. Form of Grade: Letter Grade.

This is a seminar focusing on current topics relating to lawyer ethics and the legal profession. It is intended for students who desire an intensive study of legal ethics. Students will be expected to take an active role in class discussions and will have input in the selection of topics for discussion. With the guidance of the professor, each student will be responsible for organizing and preparing one or more of the classes. Students will prepare short weekly papers on issues raised in class, as well as one longer paper. All papers will be posted on the class Internet discussion board. Graduation Requirement: Students who select the three-credit hour option may satisfy the graduation writing requirement. Must earn a grade of C or better. Basis of Grade: Paper. Form of Grade: Letter Grade.

This seminar will focus on forms of inequality based on immutable and unchosen characteristics and will compare various forms of inequality based on concepts of race/ethnicity/caste that exist in Israel/Palestine, the United Kingdom, and India – and possibly also South Africa – with those of the United States. In addition, the course will examine the legal policies and practices instituted in these societies that prolong the effects of these forms of oppression. Students will be expected to write and present a research paper that compares the basic legal treatment by the United States of discrimination based on race/ethnicity with that of one of the other countries. Graduation Requirement: This course satisfies the perspective course graduation requirement. It also satisfies the graduation writing requirement if a grade of "C" or better is earned. Basis of Grade: Class participation, presentation, and research paper of 30-35 pages. Form of Grade: Letter Grade.

In this seminar, which will satisfy the perspective course requirement and the graduation writing requirement, students will explore how law, policy, and cultural norms shape conceptions of family and caretaking of those who cannot fully care for themselves and, conversely, how shifting cultural notions of family and caretaking affect law and policy. Throughout the course, students will also specifically consider how cultural and legal notions of privacy and gender affect the law and policy of family and caretaking. Students will analyze these ideas in a variety of legal contexts including how they impact the law of child welfare, public benefits and poverty law, public education, work, and disability. It is anticipated that the first half of the course will be spent on readings and class discussions analyzing these concepts. During this time student will also begin developing paper topics in close consultation with the professor. In the second half of the course, class time will be spent on presentations of student papers. Students will be required to read each others’ papers and will prepare questions and critiques for the presenters. Following their paper presentations, students will have the opportunity to revise their papers and submit a final draft for grading at the end of the semester. Graduation Requirement: This course satisfies the graduation perspective course requirement. This course will satisfy the graduation writing requirement if taken for three credit hours. Must earn a grade of C or better if taken for the writing requirement. Basis of Grade: Students will be graded on a draft and final paper, class participation, a class presentation, and a critique of a colleague’s paper and presentation. Form of Grade: Letter .

This seminar will focus on the debates at the Federal Constitutional Convention of 1787, concentrating on the delegates to the Convention, their arguments during the Convention, and the compromises thought necessary to secure the Constitution’s approval. Graduation Requirement: This course satisfies the perspective and writing course graduation requirements. A student taking this course may not also take LAWS 669. Basis of Grade: Paper. Form of Grade: Letter.

This course provides an introduction to consumer bankruptcy law with an emphasis on drafting exercises related to practice in the subject area. Students learn basic consumer law issues, with a brief overview of relevant Bankruptcy Code sections and procedural rules. The writing component introduces students to motion practice through simulated cases. Each student must draft one client opinion letter, one demand letter, two common motions, two complaints, a supporting memorandum of law, and at least one type of discovery request. Students receive instruction in Bankruptcy research and will be expected to perform research necessary to complete the writing assignments. Previous study in bankruptcy law is not required. Students may take both this course and Bankruptcy Law. Graduation Requirement; Students taking this course may elect to satisfy either the graduation writing requirement or the skills course graduation requirement, but not both. Basis of Grade: Drafting assignments. Form of Grade: Letter Grade.

In Valentine v. Chrestensen, 316 U.S. 52 (1942), the United States Supreme Court said, “We are …clear that the Constitution imposes no … restraint on government as respects purely commercial advertising.” Since 1942, however, speech that is “commercial” has been afforded greater constitutional protection against government regulation. This seminar will explore whether commercial speech is different from other speech and whether the identity of the speaker matters in determining the extent to which commercial speech may be regulated. The course will trace the development of the “commercial speech doctrine” and seek to provoke inquiry into the consequences of providing full First Amendment protection for commercial speech. Graduation Requirement: This course satisfies the graduation writing requirement. Must earn a grade of C or better. Basis of Grade: Paper. Form of Grade: Letter Grade.

This seminar explores the basic legal principles that govern the relationship between American Indian tribes, the federal government, and the state governments. Topics covered will include jurisdictional issues arising between those governments, the source and scope of Indian sovereignty, and the recognition and enforcement of Indian land and treaty rights. Graduation Requirement: This course satisfies the perspective course graduation requirement. Basis of Grade: Exam. Form of Grade: Letter.

This course is offered at Gray’s Inn in London, England. The course consists of five components: (1) Introduction and U.S. - U.K. Comparative approach (2) International Litigation; (3) International Arbitration; (4) Discovery and Investigations; and (5) Private Dispute Resolution through International Organizations. Graduation Requirement: This course satisfies the perspective course graduation requirement. Basis of Grade: Final examination. Form of Grade: Letter Grade.

This course explores whether and to what extent our legal system, including its law schools, perpetuates or counteracts social injustice. Many of the readings derive from modern critical legal theory, particularly critical race theory and radical feminism, and from liberal and non-liberal responses thereto. These readings primarily address the subordination of particular groups in our society and ways in which taken-for-granted legal categories – such as objective/subjective, public/private, and negative rights/positive rights – serve to entrench hierarchies of power and wealth. Other readings include foundational political theories and classic texts on topics such as civil disobedience and justified revolution. Graduation Requirement: This course satisfies the perspective course requirement. It may be taken for 3 credit hours and satisfaction of the graduation writing requirement with the prior permission of the instructor. Must earn a grade of C or better if taken for the writing requirement. Basis of Grade: Paper. Form of Grade: Letter Grade.

This course covers several distinct but related areas of law to address modern use of force law and measures short of the use of force, as well as goods and services (technology) export licensing in the national security and commercial settings. The concept is to revisit the law and its assumptions following international developments (Ukraine and Taiwan, prospectively). Modern use of force law is ordinarily viewed as anchored in UN Charter Articles 2(4) and 51, as well as traditional armed conflict law precedents employed for interpretive purposes. In parallel, the traditional view was that “intelligence activities,” also cross-border, did not traditionally constitute “attacks” within the meaning of use of force law, which position has come under increasing pressure given growing problems with cross-border cyber-attacks and disinformation operations employing social media. Economic sanctions have become more visible, but issues remain concerning their effectiveness and similar concerns, meanwhile commencing with the Trump Administration the US export licensing system for goods as traditional national security law has been under revision for 3-4 years, and now there are competing bills in Congress mixing economic competitiveness and national security rationales involving the disputed topic of limitations on “critical technology” exports. How to make the world anew, or adapt the law to changing circumstances, is our current issue?

After exploration of the topic of privacy generally and concept of data privacy specifically, the course surveys the legal landscape of data privacy in the United States. Legal principles rooted in constitutional law provide the basis for the examination of statutes, regulations, torts, contracts, private standards, and societal norms that impact data privacy. Students will learn how lawmakers, the courts, and data privacy practitioners have balanced data privacy and other interests in areas such as business dealings, free speech, social media, financial transactions, education, health care, and cybersecurity. Case studies on novel and emerging topics provide opportunities for practical application of data privacy concepts. Graduation Requirement: The course satisfies the perspective course graduation requirement. Basis of Grade: Class Participation, Short Paper, Final Exam. Form of Grade: Letter Grade.

Education plays a crucial role in sustaining a democratic society. As such, it is critical that we understand and are able to critique the legal and public policy choices that shape our education system. This course will explore issues of equity, access, and reform in American public education, particularly as it pertains to race and class. It will examine the right to equal educational opportunity and will consider the various state and federal legal efforts to improve K-12 education and to increase accessibility to institutions of higher education. Topics that will be discussed include, among other things, school desegregation, school finance litigation, school choice, and affirmative action. We will scrutinize a variety of reform efforts, which may include the federal government’s expanding role in education, single-sex education, magnet programs, and charter schools. We will also examine higher education admissions policies such as racial preferences, percentage plans, and reliance on standardized test scores. In addition to examining legal authority and the work of legal scholars, we will examine the writings of historians, social scientists, and education policy experts. Graduation Requirement: This course satisfies the perspectives course requirement. Students who elect to take this course for three (3) credits will write a paper that meets the writing requirement. Must earn a grade of C or better if taken for the writing requirement. Basis of Grade: Paper(s). Form of Grade: Letter.

This course will explore feminist approaches to and critiques of the law. Different veins of feminist philosophy and their key contributions will be explored, including but not limited to: queer feminism, cultural feminism, difference feminism, dominance feminism, liberal feminism, intersectional and critical race feminism, Marxist feminism, and poststructuralist feminism. Upon completing the course, students will be well-versed in a wide array of feminist thought on the law, able to identify similarities and distinctions between such schools of thought, as well as have a strong understanding of how feminist theory has shaped and might reshape multiple areas of law (e.g. tax, contract, and family law). Graduation Requirement: This course satisfies the writing requirement; must earn a grade of C or better. This course also satisfies the perspective requirement. Basis of Grade: Class participation (30%) and short essays (70%). Form of Grade: Letter.

This workshop will study the ethical issues faced by prosecutors and defense counsel in criminal practice. Although many of the same Rules of Professional Conduct that govern civil litigation also apply to criminal cases, constitutional rights and duties often require that they be applied differently than in civil cases. In addition, there are particular provisions in the Rules of Professional Conduct that only apply in criminal cases, including the rules governing prosecutors. Our understanding of the special role of the prosecutor and the prosecutor’s duty to seek justice may create prosecutorial duties, as do constitutional rights of persons accused of crime and constitutional duties of, and restraints upon, the government. The workshop will meet once a week for two hours. Students will read assigned laws, rules, cases, and analytical materials and will discuss those readings in class. In addition, the class will study cases that illustrate the problems – and often the injustice – that may flow from violations of the applicable Rules of Professional Conduct and constitutional mandates. Experienced prosecutors, defense attorneys, and judges will share their experiences and insights with the class. Written assignments will be based on the kinds of issues lawyers face in criminal practice and the types of work product lawyers have to create in dealing with those issues in their practice. Basis of Grade: Class participation and written projects. Form of Grade: Letter.

This course will offer students an advanced look at current, unfolding events in statutory interpretation. Readings will consist of the latest Supreme Court cases in statutory interpretation, as well as recent landmark works of scholarship in the field. Through this study, students will develop an in-depth understanding of the present-day arguments and theories about how courts should interpret the work of democratically elected legislatures. Graduation Requirement: This course can satisfy the graduation writing requirement if taken for three credit hours. Students taking the course for 3 credits will write a longer paper than those taking the course for 2 credits. Must earn a grade of "C" or better to satisfy the writing requirement. Basis of Grade: The grade will be based on a final paper. Form of Grade: Letter.

Like many people who rely on a 401K plan for retirement, I have taken a personal interest in the "Great Recession of 2008." The students at the law school lived through the Great Recession and are currently facing a diminished job market as a result of its effects. Some economists project that the careers of those now entering the workforce will be permanently impacted by the near-collapse of the banking system in October of 2008. I have read a number of books on the causes of the Great Recession, most by economists or financial journalists. All of the books refer to the statutory background as a cause of the credit collapse, but none of them ever quote or analyze the statutory material at length. None are really satisfactory from the lawyer's point of view. Lawyers should read the statutes before drawing conclusions about the causes of the Great Recession. This seminar would require all the students to read Charles Gasparino, The Sellout: How Wall Street Greed and Government Mismanagement Destroyed America's Global Financial System (2009). Other reading assignments would be made from the attached Bibliography. The out-of-class readings would be supplemented by an in-class review of the statutory basis of the banking and home mortgage industries, including the major U.S. Banking laws, the enabling statutes of the Federal Reserve, the FDIC, Glass-Steagall Act of 1933, Gramm-Leach Bliley Act of 1999 (which repealed Glass-Steagall), the Community Reinvestment Act of 1977, and the authorizing acts for the Federal Home Loan Mortgage Corporation (Freddie Mac), and the Federal National Mortgage Association (Fanny Mae), and regulation of the bond, futures, derivative, and Credit Default Swap markets. In-class presentations would also cover the economic events that pre-cipitated the statutory schemes in place as of 2008, e.g., the Panic of 1907, the Great Depression, the Savings and Loan crises of the 1980's, the dot.com bubble, and the collapse of Long Term Capital Management. The class would also look at the key features of the Dodd-Frank Act to see whether those changes really addressed the Recession's underlying causes. Basis of Grade: 30 page paper and class presentations. Form of Grade: Letter grade.

This course surveys the legal, economic and policy framework that governs American business. In doing so, it examines the core principles that guide our economy and, against the backdrop of the proposition that non-regulated markets are generally preferred, introduces a number or areas of regulation, including antitrust, securities, environmental, patents, health-care, advertising/information and consumer protection. We will critically examine economic rationales, legal ground rules and regulatory models. One objective will be to gain a good understanding of how government intervention has actually played out in selected markets and why. We will also examine markets that, though once regulated, have since been deregulated. Basis of Grade: Final exam and class participation. Form of Grade: Letter.

Prior technical understanding is not required to succeed in this course. Artificial Intelligence, Law, Ethics, and Policy offers an overview of laws, policies, and ethical consideration governing the use of artificial intelligence (AI). The course begins with an introduction to the technologies in question. Students engage with the theoretical and ethical foundations of common approaches to AI governance to help them understand both current and future laws and policies. These concepts aid as the course examines comprehensive AI laws, sector specific AI laws, laws criminalizing certain uses of AI, formal policy statements directing government use of AI, and AI risk management frameworks. The course concludes with a series of case studies examining the governance options in areas particularly susceptible to disruption via AI. Examples might include elections, education, and medicine. Throughout the course, students will engage with various readings encompassing primary sources, academic treatises, terms of service from AI providers, news articles, and popular works Note: Students who enrolled in AI, Law, Ethics & Policy in Spring 2024 may not enroll in this course. Basis of Grade: Class Participation (20%), Short Paper (20%), Final Exam (60%). Form of Grade: Letter.

This course is designed to be a Capstone course for third-year (3L) students interested in an in-depth, practical and advanced course in real estate law and real estate finance. Students will be participate in simulated experiences throughout the semester, and will end the semester negotiating a real estate development deal. The course will explore land development, real estate finance, foreclosures and receiverships and the development of real estate projects such as condominium, office and retail facilities. The focus will be on real estate commercial transactions in South Carolina, but will have general applicability to real estate transactions in other jurisdictions, as well as general application to residential real estate transactions. Graduation Requirement: This course satisfies the experiential course graduation requirement. Must earn a grade of C or better. Basis of Grade: Assigned exercises and class participation. Form of Grade: Letter .

This course will introduce students to key leadership principles and equip them with best practices necessary to assume leadership positions in an increasingly complex and evolving profession. Students will read and learn about effective leadership, engage in discussions and case studies with respected leaders, participate in exercises designed to develop strong judgment and analytical reasoning, participate in self-assessment and peer assessment exercises, and complete a leadership initiative project that demonstrates leadership principles learned in the course. Basis of Grade: Participation in class discussions, writing assignments, and a final leadership project and presentation. Form of Grade: Pass/Fail

The focus of this course will be on the United States policies and practices in response to the events that occurred on its territory on September 11, 2001. The course will be unique in that it will examine the approaches of both the Bush and Obama Administrations, as foretold through the principles of international law: to this end, we shall consider the legal arguments put forward by both of these governments for the recourse to force (jus ad bellum) and for the conduct of hostilities (jus in bello), and of the changing significance of the “war on terror” in the rhetoric from September 11, 2001, until the present day. Not only shall we explore the legal questions surrounding the military engagements of the United States in Afghanistan (2001) and Iraq (2003), but, also, with respect to its presences in Yemen, Somalia and Pakistan. Candidates shall be encouraged to adopt a critical understanding of the rules of warfare as applied to evolving forms of combat (e.g. drone activity, suicide bombings, targeted killings) as well as explore the traditional modes of regulating prisoners-of-war and the protection of civilians both in the United States and beyond. Firm emphasis shall be placed on historical examples for class exercises, but candidates will also be called upon to question the relevance of these analogies as well as test other possibilities for how best the prosecution of the “war on terror” can occur today and in the future. Registration: LAWS 784 is recommended. Graduation Requirement: This course satisfies the perspective course graduation requirement. Basis of Grade: Examination. Form of Grade: Letter.

This course will examine the legality of methods adopted by the government to combat what it defines as terrorism, primarily, though not exclusively, in the period after September 11, 2001. The course will be roughly divided between a review of extraordinary methods that followed more closely a “war” model, such as renditions, mass surveillance, the use of drones, torture, and military commissions, and those that follow a criminal prosecution model, which include the use of informants, the material support law, expert evidence, and sentencing/confinement. Graduation Requirement: This course satisfies the perspective course graduation requirement. Basis of Grade: Weekly reaction papers, class participation, and a final examination. Form of Grade: Letter.

This simulation course is for third-year (3L) students interested in the practice of criminal law. During the semester, students will apply the knowledge and skills learned in prior law school courses by simulating the litigation of a federal criminal case beginning with the investigative and grand jury phases; through charging, pre-trial, and plea proceedings; and ending with sentencing and appeal. Students will: (1) prepare prosecution memoranda and indictments; (2) conduct mock grand jury sessions; (3) prepare or respond to motions to suppress evidence; (4) argue suppression motions; (5) conduct sentencing guideline calculations and prepare sentencing memoranda; and (6) file a notice of appeal. Students will also have an opportunity to observe actual federal court criminal proceedings; and gain practical insight from prosecutors, law enforcement officials, members of the criminal defense bar, and judges, who will serve as guest speakers. Although the course will highlight the role of the federal prosecutor, students will serve as both prosecutors and defense counsel during practical exercises. They will also hear the perspective of criminal defense practitioners through guest lecturers, legal articles and treatises. Thus, the skills developed during this course will easily translate to a state, tribal, or military criminal practice as a prosecutor or defense counsel. Graduation Requirement: This course satisfies the experiential course requirement for graduation. Must earn a grade of C or better, Basis of Grade: Class and outside court event participation and attendance, demonstrated research, writing, and oral advocacy skills. Form of Grade: Letter.

This course will explore the process of drafting legal codes in a real world setting. Specifically, the course will give students the opportunity to participate in the creation of a legal code for the Catawba nation. Students will be introduced to the relevant areas of federal Indian law, the history, culture and legal conceptions of the Catawba Nation, and principles of drafting laws. Topics may shift from year to year. Students will use information collected during the course to draft laws to be submitted to the leadership of the Catawba Nation for adoption. In the first year of the course, students will focus on drafting a family law code. They will be introduced to crucial family law concepts relevant to the law-making process. Specifically, students will examine numerous state and tribal family law codes. They will discuss the relevant strengths and weakness of these laws with the goal of drafting a family law code particularly suited to the history, culture and legal needs of the Catawba Nation. During the course, they will meet with leadership of the Catawba Nation and with lawyers, government officials and judges from other recognized Indian nations. Students will receive a letter grade at the end of each semester. Registration: Instructor will select students for this course. Interested students shall submit (1) statement of interest of no more than 500 words; and (2) updated CV. LAWS 759 or LAWS 838 is encouraged, but not required. Students are expected to take both Special Topics in Legislative Drafting I and II. Basis of Grade: The grade will be based on the student’s attendance and class participation as well as the quality of the research and drafting assignments produced through the semester. Form of Grade: Letter.

This course will explore the process of drafting legal codes in a real world setting. Specifically, the course will give students the opportunity to participate in the creation of a legal code for the Catawba nation. Students will be introduced to the relevant areas of federal Indian law, the history, culture and legal conceptions of the Catawba Nation, and principles of drafting laws. Topics may shift from year to year. Students will use information collected during the course to draft laws to be submitted to the leadership of the Catawba Nation for adoption. Using the skills learned in Legislative Drafting I, students will draft family code for the Catawba Nation. In order to produce these code, students will examine numerous state and tribal family law codes. They will discuss the relevant strengths and weakness of these laws with the goal of drafting a set of laws particularly suited to the history, culture and legal needs of the Catawba Nation. During the course, they will meet with leadership of the Catawba Nation and with lawyers, government officials and judges from other recognized Indian nations. Students will receive a letter grade at the end of each semester. Graduation Requirement: This course satisfies the experiential course graduation requirement. Must earn a grade of C or better. Basis of Grade: The grade will be based on the student’s attendance and class participation as well as the quality of the research and drafting assignments produced through the semester. Form of Grade: Letter.

At least one out of every three U.S. businesses are family owned. They are most often privately owned but there are also many publicly traded companies that are family controlled. Family businesses are distinctive because they require participants and their legal counsel to reconcile family roles and expectations with business roles and expectations and to address issues of control and governance for the business and the family. Depending on the instructor, topics covered may include the following: choice of business entity; the appropriate use of buy-sell agreements, voting trusts and other dispute resolution mechanisms; employment best practices for family and non-family members; the impact of business ownership on estate and financial planning for the family, including tax considerations; financing and capital structures unique to family enterprises; catalysts for the sale of the family business; the role of the family office in managing inter-generational wealth; ethical issues faced by lawyers in family-business representation; fiduciary responsibilities of board members and controlling shareholders; and preparing a family business for sale or intergenerational transfer. The course will be of particular interest to students interested in corporate governance, mergers and acquisitions, private equity, wealth management, estate and tax law, as well as students who come from or anticipate involvement in a family business. Basis of Grade: Class participation and final written project. Form of Grade: Letter.

The class will meet for at least 13 hours over the course of one academic year. Students will be assigned a series of books or similarly-substantial materials and required to produce a minimum of five pages of writing as described below, requiring at least 2 hours of out-of-class work for each hour that reading groups meet. Reading Groups are intended to facilitate an intellectually rich academic experience through informal, in-depth discussions between faculty and students. Each Reading Group will be convened to explore a legal topic or theme through the study of appropriate readings, films, and other materials. Reading groups are intended to foster deeper conversations about legal issues than traditional classes permit, especially including conversations regarding sensitive or controversial legal issues between diverse groups of students. Basis of Grade: Attendance, participation, and written work that totals a minimum of five (5) pages. Written work could include reflections on different materials, discussion guides created by students for particular readings, comparisons between different materials, or other assignments required by the faculty member. Form of Grade: Pass/Fail.