Administrative Law is at the heart of most of the court cases seeking to block Trump Administration actions firing civil servants, cancelling contracts, renditioning green card holders and other legal residents, and closing agencies.

There is a reason for this. Most laws that Congress passes require implementation. Very often implementation is via a federal agency. As a result, by law in the United States a multitude of governmental agencies exercise authority over the economy, and over the lives of every American. These agencies have the power to make legally binding rules (aka "regulations" or "red tape"), to issue valuable permits and licenses, to levy fines, and to adjudicate. Indeed, one agency, the Social Security Administration, has for many years adjudicated more cases than all the state and federal courts combined. In normal times, this is a course about laws and rules that bind federal agencies, and thus about the extent to which federal agencies can make rules and decisions that bind us. It surveys the means by which people (and their lawyers) can challenge or influence administrative exercises of authority in the face of often broad or ambiguous delegations of authority from Congress, and in particular how and when agency decisions are subject to judicial review. But these are not normal times.

Administrative Law has always been vitally important for anyone contemplating a practice that might involve federal regulations in any way, and particularly valuable for students who are considering a practice involving highly regulated areas such as: Communications, Disability, Energy, Environment, Family and Child Services, Financial Markets or Securities, Immigration, Labor, Housing, or Land Use--but also relevant to almost every other area of practice. Today, in light of current events, Administrative Law has become essential as it is one of the main battlefields about our commitment to the rule of law and the practice of justice, however bureaucratized.

Please note that all classes will be via Zoom as your instructor is immunocompromised.
 
Course Concentrations:
Business Compliance and Sustainability (Area of Focus) More information
Business Compliance and Sustainability (Concentration) More information
The Business of Innovation, Law and Technology: BILT (Concentration) More information
Environmental Law (Area of Focus) More information
Environmental Law (Concentration) More information
Health Law (Area of Focus) More information
Immigration, Asylum, and Citizenship Law Area of Focus (Area of Focus) More information
Social Justice & Public Interest (Area of Focus) More information
Social Justice & Public Interest (Concentration) More information
Transactional Law (Area of Focus) More information
Transactional Law (Concentration) More information

A study of legal issues arising in the maritime and recreational boating industry, including admiralty jurisdiction, maritime liens, salvage, cargo, carriage of goods by sea, charter parties, general average, the rights of seamen and maritime workers, collision and limitation of liability.
 
Course Concentrations:
Environmental Law (Area of Focus) More information
Environmental Law (Concentration) More information

Whether you are arguing to an appellate judge, a trial judge, or the senior partner in a law firm, you need to know how to make a strong legal argument. Rarely does this come naturally to people. This class helps students develop the skills to write effectively and argue under fire. The ability to anticipate questions, prepare and deliver answers to difficult questions, and weave back into your argument is so important. Through a series of mini-problems, lectures, and guest speakers, students will receive individualized, personal training that will be helpful in preparing them for the Gaubatz Competition (precursor to an invitation to the Charles C. Papy Moot Court Board). Note: Only students participating in the Gaubatz Competition are eligible to take this course.
 
Course Concentrations:
Litigation & Dispute Resolution (Concentration) More information
Social Justice & Public Interest (Area of Focus) More information
Social Justice & Public Interest (Concentration) More information

The course will cover various cross-border tax planning structures, both in the inbound and outbound contexts. Inbound planning will include a discussion on financing structures, treaty planning, and the use of derivatives in cross-border planning. Outbound planning will include the use of partnerships in international tax planning, a discussion on inversions, and advanced planning with foreign tax credits.
 

This course covers the theories and strategies for persuasively advocating one’s case and examining witnesses before the tribunal. Class time will be spent discussing, preparing for, and having students perform in the roles of counsel and witnesses for cross examination, as well as opening and closing statements with review provided on an ongoing basis. It is important to master the facts of the sample case and to put together initial ideas for how one would present and prove the case before a tribunal in advance of the first class. If you are an International Arbitration Joint J.D./LL.M. or International Arbitration LL.M. student, you may enroll in this course through Canelink. Short Course Attendance Policy Due to the small number of meetings, attendance to all meetings/classes for short courses is mandatory. Students who miss more than one class session (80 minute) of a 1-credit short course are subject to administrative withdrawal and will have a W for the course on their transcripts.
 
Course Concentrations:
Litigation & Dispute Resolution (Concentration) More information

Advanced Topics: The Inter-American Human Rights System

Over the past 75 years, the Inter-American Human Rights System (IAHRS) -- composed of the Inter-American Commission on Human Rights and the Inter-American Court of Human Rights -- has been the site some of the most significant developments in international human rights law. The IAHRS is a core part of the world's oldest international organization, the Organization of American States (OAS), and it has played a pivotal role in reacting to the human rights challenges resulting from colonialism, slavery and racism, political strife and abuse, armed conflict, and structural discrimination and inequality. Civil society groups across the Western Hemisphere regularly turn to the Inter-American human rights system to hold governments accountable for corruption, abuse, negligence, and violence committed by both state actors and private individuals. The system’s prominence in the international legal community is evident in the frequent citations it enjoys from other international human rights bodies. The system has also played a role in civil society efforts to bring the human rights debate home, including in the United States.

This seminar will provide an in-depth introduction to the history, doctrine, and practice of the IAHRS, and will examine the obstacles and opportunities the system offers for civil society, victims, governments, and society generally. Thematic focus areas will include the human rights of women and girls, LGBTQI+ persons, Indigenous Peoples , racial and environmental justice, social and economic rights, and issues of torture, forced disappearances, and extrajudicial executions . The seminar will examine the system of individual petitions, on-site visits, and country and thematic reports of the Commission's rapporteurs, as well as the contentious and advisory jurisdiction of the Court. In practical terms, this section will examine questions of implementation, effectiveness, and national-level impact of decisions and interventions by IAHRS bodies. Several guest speakers who are experts in the system (academics, practitioners, and survivors of human rights violations) will join us.

This seminar also includes a unique opportunity to be involved in co-creating a symposium on the IAHRS, along with the Human Rights Clinic. Miami Law’s Human Rights Program will host this symposium, entitled Human Rights in the Americas: An Examination of Past, Present, and Future, on November 17-21, 2025. The symposium will run concurrently with the Inter-American Commission on Human Rights (IACHR) hosting hearings that week at UM during its 194th period of sessions, where human rights advocates and government representatives from across the hemisphere will appear at formal hearings on diverse topics related to human rights in the Americas. Each student in the seminar will have the opportunity to work with a student partner on various aspects-- from background research (which will ultimately be developed into a research paper) to speaker selection and support to event planning and “rapporteuring” (i.e. recording, summarizing, and reporting on the proceedings of the symposium) -- of thematic panel discussions at the symposium on a hot topic in the IAHRS . Panel topics will likely include, inter alia, sports and human rights, gender and racial justice, climate and housing justice, and human rights in Cuba, Colombia, Haiti, Venezuela, and more, and will feature leading voices in human rights from across the Americas. Students will further help in preparing a publishable report providing a synopsis of the symposium.

Students may elect to take this course for upper level writing credit.

IMPORTANT DATES/INFORMATION

* The Human Rights in the Americas symposium and IACHR hearing session occurs November 17-21. Students will be expected to attend the symposium panel that they are responsible for co-organizing, all other lunchtime or coffee thematic symposium panels that week, and at least 2 IACHR hearings. (Accommodations will be made on a case-by-case basis.)

* We will occasionally not meet at the regularly scheduled time. Students will be notified in advance when the class is not meeting.

Additional Comments
Students should submit a short (1-3 paragraph) statement of interest in the seminar to Professor Bettinger-Lopez via Danny Soto at djsoto@law.miami.edu. Students will be most successful in this seminar if they are interested in the subject matter, are proactive, exhibit professionalism and leadership, work well in teams, are open to feedback and doing redrafts of memos (i.e. background memos for the symposium panels and contributions to the symposium report), and have prior skills (or are eager to acquire such skills) in outreach and engagement with key stakeholders in the world of human rights.
 
Course Concentrations:
Social Justice & Public Interest (Concentration) More information

The United Nations International Law Commission (ILC) is the only subsidiary organ within the United Nations system that was mandated by member states “to initiate studies and make recommendations for the purpose of … encouraging the progressive development of international law and its codification”. This advanced seminar, which offers students a unique opportunity to learn how international law is made from a faculty member who serves on the ILC and to prepare a major paper, will first explore the historical origins, mandate, and contributions of the ILC towards the establishment of a rule-based international legal order. The seminar, which prepares students for a summer externship with the United Nations in Geneva, will then critically evaluate the latest topics and reports under study by the ILC, their present status, and future direction. These may include general principles of law; immunity of state officials from foreign criminal jurisdiction; sea level rise in relation to international law; subsidiary means for the determination of rules of international law; settlement of disputes to which international organizations are parties; prevention and repression of piracy and armed robbery at sea; and non-legally binding international agreements. Required materials Two sets of materials are mandatory for this seminar. The first is The Work of the International Law Commission: Volumes I and II, Tenth Edition, 2022. Kindly purchase the hard copy. The second set of required materials include the statute and relevant reports of the ILC to the UN General Assembly as well as excerpts of chapters of reports and other readings posted on TWEN or Blackboard. It is the responsibility of each student to download and print the latter materials and to bring them to class.
 

The class will cover both reproductive rights and reproductive justice. The first few classes focus the constitutional law relating to abortion, both the right to privacy under due process clause and discrimination on the basis of sex under equal protection. This portion will cover the Supreme Court's decision in Dobbs eliminating constitutional protection for abortion. Then the class will focus on select topics, which can range from religious challenges to abortion bans to compelled sterilization to the right to parent. Each student will also select a topic and teach half a class. Students may choose any topic related to reproductive rights or reproductive justice that intrigues them, whether it be the Court's reliance on originalism in Dobbs to the LGBTQ community's right to IVF to abstinence only sex-education, to name a few. There will probably be a guest lecturer or two.
 

Survey of beverage alcohol and governance of all 3 tiers of the beverage alcohol industry in conjunction with various state and federal alcoholic beverage statutory schemes, promulgated rules and decisional case law.
 

This course will examine the field of designing disputes resolution systems and give students the opportunity to analyze, deconstruct and reconstruct systems to function in accordance with their explicit and implicit goals. Students will be provided with a practical framework in dispute resolution concepts and have the opportunity to incorporate strategies/structures in systems of their choice. Through this process, past students have explored a variety of systems including: direct filing in juvenile justice, access to healthcare benefits, the ways in which tickets to the Olympics are distributed, FIFA salaries, the school of choice lottery system, grievance procedures within corporations, several pro se advocacy projects, rural legal assistance projects, the bid process for municipal contracts, and more. Students are supported in design work through readings, peer critique of drafts and individualized feedback.
 
Course Concentrations:
Litigation & Dispute Resolution (Concentration) More information
Social Justice & Public Interest (Area of Focus) More information
Social Justice & Public Interest (Concentration) More information

We will chronicle the fight for effective Assembly and Protest in the US. From the cases we will emphasize the narrative and social context of these disputes, demonstrating the presence of war, race, and class,, often intertwined with Protest. This ability to protest is necessary if democracy is to be affirmed. Perhaps we as American society do not want a true democracy or are not sure we want it. Or perhaps powerful individuals or groups do not want any democracy they don’t win. There are current indications: the “rigged” political primaries via super-delegates and calendar of primary elections in both major parties, the gerrymandered state legislatures by party, new limits on voter registration and eligibility, or the privileging of money in elections in Citizens United.. But if we want anything like democracy, then ordinary people, enfranchised or not, must be able to physically meet and organize independently of wealth or status. Throughout our history, legal protection of the right to assemble has been episodic and peripheral. More often Assembly has been suppressed by legal institutions, whether by courts, police, or military actions. Most often the issues have involved the most wrenching of social issues. The only viable place to do protect protest is in public assembly and organization. Mass Protest depends on meeting places. Traditionally this has depended on the streets and public places. The Right to Assemble, whether constitutional or moral, must be vigorously exercised and protected.
 

An intensive study of the problems of the debtor and creditor under federal bankruptcy law. The course will focus particularly on issues concerning the insolvency system, bankruptcy estate, the automatic stay, discharge in Chapter 7, the avoiding powers of the trustee, and reorganization in Chapter 11 and various strategies to achieve objectives. The text will be supplemented with lectures on rules, procedures and recent cases as well as practical methods of dealing with the subject matter.
 
Course Concentrations:
Business Compliance and Sustainability (Area of Focus) More information
Business Compliance and Sustainability (Concentration) More information
The Business of Innovation, Law and Technology: BILT (Concentration) More information

The Eleanor R. Cristol and Judge A. Jay Cristol Bankruptcy Pro Bono Assistance Clinic at Miami Law offers pro bono legal services to low-income individuals and entities that are dealing with financial problems. The Bankruptcy Bar Association of the Southern District of Florida together with Put Something Bank (the pro bono arm of the Miami Dade County Bar) established the clinic. Miami Law offers it as a one semester or a two-semester, six-credit elective that pairs students with various mentor attorneys to represent clients. How Students Benefit from Participating in this Clinic: • Students practice in Federal Court as advocates for their clients and network with members of the South Florida Bench and Bar. • These cases can be chapter 7s, chapter 13s, contested matters, adversary proceedings which can include cases such as fighting to help the debtor discharge student loans. Also, students counsel clients with respect to financial distress and solutions to problems. • Expert Mentorship – Students are placed with mentor bankruptcy attorneys in the community who really are at the top of their game. • Unparalleled Networking Opportunities – During the clinic students meet prospective future employers and attend numerous of bankruptcy events in the community such as View From the Bench, and numerous other Bankruptcy Bar Association events. • Fantastic Support – Clinic Director Patricia Redmond , Clinic Coordinator and mentor attorneys provide ongoing support, help and advice. Clients are referred to the clinic by the Dade County Bar Association, and sitting judges of the Bankruptcy Court for the Southern District of Florida.
http://www.law.miami.edu/clinics/index.php 
Course Concentrations:
Litigation & Dispute Resolution (Concentration) More information
Social Justice & Public Interest (Concentration) More information

This intensive course provides an introduction to the basics of the law and practice of international arbitration. The course will be given by reviewing the UNCITRAL Model Law on International Commercial Arbitration, which more than 100 countries have implemented, the UNCITRAL Arbitration Rules, and the Arbitration Rules of the International Chamber of Commerce (ICC).

The course is intended for two types of students: those who are generally interested in international business transactions and want an overview of the most frequently used method for resolving contractual disputes, and those who are intending to go on to take more intensive courses in the field of international dispute resolution.
 
Course Concentrations:
Litigation & Dispute Resolution (Concentration) More information

This course covers the federal income tax consequences of various real property related transactions. Topics include the tax ramifications of the purchase, and retention and disposition of commercial and residential development projects. The course provides coverage of the differing tax treatment to individuals and the various investment entities of corporations, partnerships and limited liability companies. Business and financial planning are integrated into course lectures, including review of financial projections and real estate contract documents. Certain state tax and foreign (non-U.S.) tax issues are also discussed, where appropriate.
 

Blockchain Technology and Business Strategies This course is an introduction to the application of Blockchain technology in different business environments and industries. Blockchain technology is a growing emerging technology that has attracted much attention and capital invested in cryptocurrencies and other applications. Today, almost all industries are building blockchain applications to adopt new ways of addressing business and technology problems and streamline business processes and enhance security and integrity of transactions. These new business models span both financial and non-financial business blockchain applications. The course will explore multiple use cases in different industries: Banking, Healthcare, Government, Real Estate, Retail, etc. The goal of this course is to introduce the student to blockchain and its ecosystem. The student will learn how to analyze the underlying business foundation of blockchain in multiple business cases and will acquire the basic technical foundation of blockchain. By the end of the course the student will have developed a clear understanding of Blockchain business models, technologies, use cases across multiple domains. Learning Outcomes • Understanding of Blockchain technology and high level understanding of the underlying technical framework underlying many of the blockchain applications such as cryptocurrencies. • Learn key use cases across various industries (Financial Services/Healthcare/Legal/Government). • Understanding the broader strategic and regulatory framework for applying blockchain in business settings. • Develop broad understanding of blockchain and blockchain ecosystem and applications. Course overview and schedule Day 1 • Overview of current technology trends and their disruptive force on today's business environments (Cloud/IoT/AI/Blockchain) Day 2 • Overview of Blockchain and how it works. The technical framework. Day 3 • How Blockchain capabilities are being applied in different business domains (healthcare, finance, legal, banking, government). ). You will develop key understanding of how blockchain applies in those business domains and in particular in the financial services and healthcare industries today. Day 4 • Discussion of key technical, legal and regulatory aspects of applying blockchain in business settings. Day 5 • Discuss strategic and technical frameworks for developing blockchain business/technology applications and strategies. Day 6 • Final Paper/Presentation - The student will develop and submit a blockchain business/technology strategy. The paper/presentation should identify a potential solution in a particular industry based on your understanding of blockchain and its potential application. The paper should explore potential opportunities and challenges within an industry of your choice. You can also propose an idea within your own organization and how this could be implemented and the potential outcome of such idea. Short Course Attendance Policy Due to the small number of meetings, attendance to all meetings/classes for short courses is mandatory. Students who miss more than one class session (80 minute) of a 1-credit short course are subject to administrative withdrawal and will have a W for the course on their transcripts.
 
Course Concentrations:
The Business of Innovation, Law and Technology: BILT (Concentration) More information
Transactional Law (Area of Focus) More information
Transactional Law (Concentration) More information

Human rights advocates and governments have increasingly focused on corporate accountability for human rights impacts. Corporations that have touted excellent corporate social responsibility records have been accused of complicity with corrupt governments by engaging in a wide range of misdeeds including infringing upon free speech rights; utilizing child and forced labor; limiting freedom of association; destroying the environment; ignoring the will of indigenous peoples; and perpetuating unreasonably dangerous conditions for workers. In 2011, the United Nations Human Rights Council unanimously endorsed a corporate responsibility to respect human rights and the American Bar Association has informed members, particularly corporate lawyers, that they must be aware of and counsel clients on these issues. Nations are discussing a potential treaty, regulators and institutional investors are asking more questions about business and human rights, and the world is focusing on environmental, social, and governance factors (ESG). Nonetheless, there are currently no binding international laws or treaties related to business and human rights. In the absence of legal obligations, what is the role of the corporation vis a vis the state regarding human rights? This course analyzes the issues faced by human rights advocates, nongovernmental organizations, governments, stakeholders, institutional investors, and transnational corporations as they attempt to balance the needs of business with those of the larger community around them. We will look at human rights issues in supply chains, megasporting events, fast fashion, technology, the extractive industries, and financial institutions. Class assignments will include simulations, role playing, debates, policy statements, and press releases related to companies such as Facebook, Amazon, Nestle, Coca Cola, and other household names. The final exam will consist of a paper. Students may choose to draft legislation, a national action plan on business and human rights, policy papers, a complaint against a company, or a case study regarding a current or recent event. SKILLS OR CAN BE USED FOR WRITING CREDIT WITH A LONGER PAPER.
 
Course Concentrations:
Business Compliance and Sustainability (Area of Focus) More information
Business Compliance and Sustainability (Concentration) More information
Social Justice & Public Interest (Area of Focus) More information
Social Justice & Public Interest (Concentration) More information

Human rights advocates and governments have increasingly focused on corporate accountability for human rights impacts. Corporations that have touted excellent corporate social responsibility records have been accused of complicity with corrupt governments by engaging in a wide range of misdeeds including infringing upon free speech rights; utilizing child and forced labor; limiting freedom of association; destroying the environment; ignoring the will of indigenous peoples; and perpetuating unreasonably dangerous conditions for workers. In 2011, the United Nations Human Rights Council unanimously endorsed a corporate responsibility to respect human rights and the American Bar Association has informed members, particularly corporate lawyers, that they must be aware of and counsel clients on these issues. Nations are discussing a potential treaty, regulators and institutional investors are asking more questions about business and human rights, and the world is focusing on environmental, social, and governance factors (ESG). Nonetheless, there are currently no binding international laws or treaties related to business and human rights. In the absence of legal obligations, what is the role of the corporation vis a vis the state regarding human rights? This course analyzes the issues faced by human rights advocates, nongovernmental organizations, governments, stakeholders, institutional investors, and transnational corporations as they attempt to balance the needs of business with those of the larger community around them. We will look at human rights issues in supply chains, megasporting events, fast fashion, technology, the extractive industries, and financial institutions. Class assignments will include simulations, role playing, debates, policy statements, and press releases related to companies such as Facebook, Amazon, Nestle, Coca Cola, and other household names. The final exam will consist of a paper. Students may choose to draft legislation, a national action plan on business and human rights, policy papers, a complaint against a company, or a case study regarding a current or recent event. SKILLS OR CAN BE USED FOR WRITING CREDIT WITH A LONGER PAPER.
 
Course Concentrations:
Business Compliance and Sustainability (Area of Focus) More information
Business Compliance and Sustainability (Concentration) More information
Social Justice & Public Interest (Area of Focus) More information
Social Justice & Public Interest (Concentration) More information

This course investigates the law pertaining to businesses, starting with the law of agency and partnership (with a bit of the law of limited partnerships, limited liability companies and other organizational forms thrown in), and concluding with corporate law, the goals of the course. Students are assumed to know nothing of business law, or indeed, of business itself. The course operates on the premise that all lawyers need to understand the underlying notions taught herein. There is practically no area of human interaction that does not involve notions of agency. Partnerships can be complicated endeavors, but may also include small family entities. Likewise, corporations may be very large, or very small (again, things like family corporations). One need not be a "business lawyer" to encounter the fundamentals of business law, in areas as diverse as family law, commercial law and intellectual property. Indeed, it is difficult to imagine any legal practice that is divorced from concepts of business association law. Other operative principles for the course: (a) that the law in all domains is united by a core of fundamental principles, based on basic concepts of business and economics; (b) that an understanding of those principles is best achieved by starting with relatively simple business relationships (agency, partnership) and progressing to more complex ones (corporations) and (c) that having achieved such an understanding, students will be able to analyze business problems that arise, and even new organizational forms, whether or not such problems and organizations have been studied before. Thus, although the course includes considerable analysis of individual cases and particular statutes, these are only means to a greater end: a comprehension of how the law of business associations operates overall, and why. Issues concerning regulation of business (e.g., by the Securities and Exchange Commission) and taxation of businesses are considered only in passing.
 
Course Concentrations:
Business Compliance and Sustainability (Area of Focus) More information
Business Compliance and Sustainability (Concentration) More information
The Business of Innovation, Law and Technology: BILT (Concentration) More information
Transactional Law (Area of Focus) More information
Transactional Law (Concentration) More information

An initial exploration. During this weeklong seminar, students will be exposed to a variety of legal issues related to artificial intelligence, including: intellectual property ownership and enforcement, data reliability, and best practices.
 

Please visit:
https://www.law.miami.edu/academics/clinics 
Course Concentrations:
Health Law (Area of Focus) More information
Litigation & Dispute Resolution (Concentration) More information
Social Justice & Public Interest (Concentration) More information

This two-credit course/seminar* examines cutting-edge issues relating to the regulation of the "wicked" problem of climate change. It is also a useful course for students interested in modern multilateral Treaty practice and in International Organizations. We will approach climate change primarily from an international policy and law perspective. The course will begin with an overview of climate change science, the architecture of the complex international legal and institutional regime that has emerged since 1992 to address climate change, and the innovative legal, policy and financial tools that have been adopted or proposed to address climate change and manage adverse impacts. We will explore the connection between the Treaty action areas (1) mitigation of GHCs (sources & sinks), (2) adaptation to adverse impacts of climate change, and (3) loss& damage. We will also examine new approaches to implementation and enforcement of treaty obligations that have emerged in the context of the climate change regime, such as the use of NDCs (nationally determined contributions). Additional topics will reflect the interests of participants in the class and may include inter alia: Recent Advisory Opinions on climate change at ITLOS, the ICJ and the IACHR, international climate change litigation; displacement and relocation of populations as a result of climate change; the intersection of human rights and climate change; sustainable investment in natural resources; food security; the built environment, infrastructure and the insurance industry.

Law students with no background in international law, international environmental law and/or environmental law are welcome to register for the class but will not be permitted to take it for writing credit. Students wishing to fulfill a writing requirement will be required to prepare and present a research paper and must be prepared to submit a research question and proposal before the third meeting of the class. Students not seeking to fulfill the writing requirement will do a take-home exam. If you have not met the prerequisites for this class, but you would like to be considered for admission - please contact Professor Porras at iporras@law.miami.edu - indicating the nature of your interest and any relevant background.
 
Course Concentrations:
Environmental Law (Area of Focus) More information
Environmental Law (Concentration) More information
Social Justice & Public Interest (Area of Focus) More information
Social Justice & Public Interest (Concentration) More information

Three-quarters of the United States population is concentrated on the coastal margin where people meet the sea. Along the shorelines of thirty coastal and Great Lakes states is a preponderance of this Nation´s industrial investment: manufacturing, refining, hydropower generation, ship-building, offshore oil and gas development, offshore wind, and fisheries. These same shorelines which house the population and its industry, also provide sources of beauty, recreation, and food and safety for their inhabitants. Estuaries serve as the nursery grounds for coastal fisheries. Shellfish flourish throughout their full life cycle in tidal waters. Shorebirds stop to feed on tidal flats. Development competes with the preservation of the natural beauty of the shoreline. The human and industrial pressures, as well as climate change, threaten and/or destroy ecological balances. This course examines the competing interests in the coastal zone, the problems of public and private ownership rights, State and Federal issues, and the conflicts of legal jurisdiction. Shifts in federal policy, as well as varying policy considerations, are explored in depth. Specific state and federal statutes along with environmental concerns are integrated with the policy questions.
 
Course Concentrations:
Environmental Law (Area of Focus) More information
Environmental Law (Concentration) More information
Social Justice & Public Interest (Area of Focus) More information
Social Justice & Public Interest (Concentration) More information

This is a course in the law of secured transactions. The focus is upon Article 9 of the Uniform Commercial Code, although the course also covers transactions secured by interests in financial assets, much of which is governed by Article 8 of the UCC. The course proceeds by introducing the foundation concepts of the attachment, perfection, and priority of security interests, in considerable detail, including questions of the competition between security interests and Federal tax liens. It applies these foundational concepts to particular settings, including those involving securities, intellectual property (patents, copyrights, trademarks), leases and consignments, and fixtures. The student is introduced to problems involving the creation and enforcement of security interests in bankruptcy, including questions of preferences and fraudulent conveyances.
 
Course Concentrations:
Business Compliance and Sustainability (Area of Focus) More information
Business Compliance and Sustainability (Concentration) More information
The Business of Innovation, Law and Technology: BILT (Concentration) More information
Transactional Law (Area of Focus) More information
Transactional Law (Concentration) More information

With global specialization, trade is essential for life. Contracts must be concluded, goods shipped, and payments received. Much US trade law derives from the Uniform Commercial Code (UCC) which you met in your Contracts course. This course includes selected topics in Article 2 (sales), Article 3 (negotiable instruments), Article 4A (payment orders), Article 5 (letters of credit), and Article 7 (bills of lading). More than half of the course will examine the largely independent life of Article 9 (secured transactions) which among other virtues helps soothe the fears of parties sending money and goods into the unknown.

This is a unique, rigorous, assignment-based, online, asynchronous course centered on approximately three hours of weekly session videos which open each Friday morning, preceded by detailed class prep assignments due midnight Thursday, and followed by wider-ranging post-video assignments due Tuesdays. Save for the 3-hour multiple-choice final exam proctored in-person at Miami Law the course could be taken from anywhere on earth with an appropriate Internet connection.

Course schedule: The course is assignment-based with multiple deadlines but no regular class meetings.
 
Course Concentrations:
Business Compliance and Sustainability (Area of Focus) More information
Business Compliance and Sustainability (Concentration) More information
The Business of Innovation, Law and Technology: BILT (Concentration) More information
Transactional Law (Area of Focus) More information
Transactional Law (Concentration) More information

This course will help you develop and strengthen your oral and written communication and negotiation skills and strategies. We will discuss and explore a variety of styles, techniques and strategies and help you determine what works best for you in business and legal settings.
 
Course Concentrations:
Environmental Law (Area of Focus) More information
Environmental Law (Concentration) More information
Health Law (Area of Focus) More information
Social Justice & Public Interest (Area of Focus) More information
Social Justice & Public Interest (Concentration) More information

The United States currently faces widespread and intense challenges to our constitutional checks and balances: While courts and scholars have wrestled with the expansion of executive powers and worried about Congressional delegation of its legislative powers, the current administration has taken these challenges to new levels. Today we see unprecedented assertions of executive power, including powers to ignore statutes, impound funds and cancel signed contracts, shutter executive departments, fire independent officials, and make highly creative invocations of emergency authority. Behind many of these are Constitutional claims for the power of the “unitary executive” and (although much remains to be seen) an alleged executive authority to ignore federal judicial orders. Complicating matters is Congressional silence, if not paralysis, in the face of executive power grabs, and an historic dependence on often unwritten constitutional and statutory norms that have been cast aside.

This seminar will look at the legal system’s ongoing reaction to this massive reordering of federal power and individual constitutional rights, with a focus on the legal systems’ reaction to current controversies. In addition to placing current events in historical context, we will look at the theoretical and structural constitutional causes for the crisis and what we might to do prevent a repetition or undo its most malign effects. We will examine how the legal system, primarily the courts, but also other institutions such as the bar and civil society, have reacted to these new challenges, and what law and legal theory has to offer as to their causes and perhaps cures.

Although there will be a number of guest speakers, students will be expected to lead discussions (number to be determined by enrollment), participate in class, and write two reaction papers on topics other than those for which they lead the discussion. This course will not provide writing credit unless you agree with your instructor in the first two weeks of the semester on a plan to write a more extensive paper.

All classes will be held exclusively on zoom.
 

This course covers the history and scope of individual rights under the U.S. constitution. It begins by briefly exploring early models of constitutional decision-making using cases from the slavocratic regime as a context. We then trace the development of equal protection, due process and first amendment guarantees through to their contemporary formulations. In addition to our exploration of substantive law the courses is deeply concerned with how courts make decisions. We will also explore competing models of constitutional interpretation.
 
Course Concentrations:
Immigration, Asylum, and Citizenship Law Area of Focus (Area of Focus) More information
Social Justice & Public Interest (Area of Focus) More information
Social Justice & Public Interest (Concentration) More information

This course is an independent papers aggregation. It counts as a two credit course for writing requirement purposes but as a three credit course for J.D. graduation purposes. Students write substantial papers -- fully researched, ultimately requiring multiple drafts. The topics they choose must fit within the focus of the course -- developed in a series of required in-class meetings and discussions at the beginning of the semester. The particular focus of the course is the recent work of the Supreme Court reassessing important propositions of federal law. It is easy to conclude that "the world turned upside down" (the song said to be played after Cornwallis's defeat at Yorktown). Papers written within the course will look hard at the Court's recent and perhaps looming efforts and -- crucially -- assess implications going forward. The fights ahead? A more concrete sense of the work of the course is presented in the first assignment posted by the registrar.
 

This course is part of the required first-year JD curriculum.
This course introduces the fundamental principles of contract law as it operates within the United States legal system, grounded in common law traditions. Contracts are legally enforceable agreements between two or more parties that create mutual obligations. In this class, we will explore the essential elements of a contract, including offer, acceptance, consideration, capacity, and legality. We will also examine contract formation, performance, breach, and remedies.
 

This course will address the legal protection provided under the Copyright Act of 1976 (and subsequent amendments) for artistic, musical and literary works, and software. Topics will include copyrightability (what kinds of works are protected by copyright and what kinds are excluded); ownership and disposition of copyrights; infringement of the various rights in the copyright bundle (rights, inter alia, of reproduction, adaptation, public performance, public display); and fair use. Among other things, the course will attend to the application of copyright principles in the online environment. We will concern ourselves primarily with U.S. copyright law.
 
Course Concentrations:
The Business of Innovation, Law and Technology: BILT (Concentration) More information

Corporate governance has been in a state of flux in recent decades as a result of legislative actions in the aftermath of the global financial crisis, heightened public scrutiny of corporate conduct, the rise of shareholder activism, and, more recently, a reinvigorated interest in corporations’ role in society. This seminar will start with an overview of the main theories of corporate governance and then examine a series of cutting-edge debates with a focus on both federal and state law. Topics include: the structure and composition of the board of directors, executive compensation, shareholder activism, shareholder voting and proxy advisory firms, the nexus between SEC disclosure obligations and corporate governance, the sustainability movement in corporate law, and Delaware’s active and controversial efforts to maintain its primacy as an incorporation venue.
 
Course Concentrations:
Business Compliance and Sustainability (Area of Focus) More information
Business Compliance and Sustainability (Concentration) More information
The Business of Innovation, Law and Technology: BILT (Concentration) More information

This course presents an introduction to the U.S. federal income tax treatment of corporations under Subchapters C and S of the Internal Revenue Code. The course will first address certain common transactions under Subchapter C, including contributions of property to the corporation in exchange for stock, nonliquidating distributions of cash or other property by the corporation, redemptions of stock and corporate liquidations.
 
Course Concentrations:
Business Compliance and Sustainability (Area of Focus) More information
Business Compliance and Sustainability (Concentration) More information
The Business of Innovation, Law and Technology: BILT (Concentration) More information
Transactional Law (Concentration) More information

This course presents an introduction to the U.S. federal income tax treatment of corporations under Subchapters C and S of the Internal Revenue Code. The course will first address certain common transactions under Subchapter C, including contributions of property to the corporation in exchange for stock, nonliquidating distributions of cash or other property by the corporation, redemptions of stock and corporate liquidations.
 
Course Concentrations:
Transactional Law (Concentration) More information

This course will provide a comprehensive overview of the investigation and prosecution of federal criminal civil rights violations in the United States, with a specific focus on hate crimes and police misconduct cases. Students will explore the dichotomy between state/local and federal law enforcement actions; the investigative process at the federal level by the FBI; United States Department of Justice and other agencies; the use of the federal grand jury in investigating and charging criminal civil rights offenses; the intricacies of trying federal criminal civil rights cases before juries in jurisdictions across the country; and the implications of the federal sentencing guidelines in the context of criminal civil rights violations. Students will explore the unique challenges faced by lawyers tasked with investigating and prosecuting civil rights offenses including, but not limited to, laws and policies designed to protect the rights of law enforcement officers accused of using excessive force and other misconduct; racial dynamics that impact investigating and prosecuting hate crimes and police misconduct cases; and the influence of media and grassroots social justice movements on prosecutorial decisions. Finally, students will be challenged to provide thoughtful analysis on the role of the federal government in investigating and prosecuting hate crimes and police misconduct cases in a post George Floyd, Pulse NightClub, and Capitol Building insurrection America, with a specific focus on the impact of race and sexual orientation on investigations and prosecutions. Guest speakers will include current/former FBI agents, U.S. Department of Justice trial attorneys, police officers, and victims/families of victims of hate crimes and police misconduct.
 

This workshop is designed to teach specific trial skills: Cross-examination, voir dire examination, and the opening and closing arguments. In our judgment the only effective method of learning these skills is by doing them. Every student will conduct the examinations under the coaching of the two professors teaching the course. Some aspects of this course may overlap with Litigation Skills.
 
Course Concentrations:
Litigation & Dispute Resolution (Concentration) More information
Social Justice & Public Interest (Area of Focus) More information
Social Justice & Public Interest (Concentration) More information

The class will introduce students to and review cross-border transactions and their process generally. Specific issues arising in the context of transaction documentation customarily encountered will be examined including issues related to due diligence, legal opinions, remedies, pre-merger notification and corruption and bribery, as well as other issues that the practitioner managing a cross-border transaction may encounter. Cross border transactions will be approached and discussed in the context of the preparation and review of documentation for such transactions in a hands-on practical approach through scrutiny and examination of actual deal agreements and related documents. Students will review and discuss specific transaction documents provided by the instructor. Students may be asked to present to the class on topics under discussion from the perspective of the legal system with which they have experience and to prepare or comment on documentation.


Course Objectives:

To introduce students to cross-border transactions and their process generally through review and discussion of transaction documentation. The class will examine confidentiality agreements, preliminary documentation, such as letters of intent, as well as definitive agreements, such as stock purchase agreements, all in the cross-border context. The subject is approached and discussed in the context of customary deal documentation that lawyers in cross border transactions may encounter, in a hands-on experiential approach.

Goal:
To provide students an opportunity to gain some familiarity with the transactional process through review of customary documentation used in cross-border deals and certain of the issues presented by these transactions.
 
Course Concentrations:
Transactional Law (Area of Focus) More information
Transactional Law (Concentration) More information

This course will identify and analyze the laws applicable to the importation of cultural artifacts, art and antiquities into the United States, and the international treaties and conventions the U.S. employs to prevent illicit trafficking. The students will learn the importance of a nation’s cultural patrimony, and how the looting of archaeological sites and theft of cultural artifacts by criminal trafficking organizations has led the U.S. to establish a protective legal framework. The students will learn U.S. border law enforcement authorities; import laws, declarations and tariffs; and the complex U.S. laws and regulations applicable to the importation of cultural merchandise.
 

For most parties, the amount of damages awarded is the key to success or failure in an arbitration. Damages quantification therefore constitutes a critical part of giving effect to the parties’ rights and obligations through arbitration. However, notwithstanding the importance of the damages award to the parties, damages quantification often does not receive the attention it deserves. This course addresses that inadequacy by exploring the best methods and procedures for quantifying damages in international arbitration cases. Quantifying damages requires application of the economic, finance, and accounting principles required to turn legal rights into a monetary award, and this course will explain these concepts in an easy to understand manner allowing participants to become better versed in this critical aspect of the arbitration process. Short Course Attendance Policy: Due to the small number of meetings, attendance to all meetings/classes for short courses is mandatory. Students who miss more than one class session (80 minute) of a 1-credit short course are subject to administrative withdrawal and will have a W for the course on their transcripts.
 

An Overview of Real Estate, Regulatory, and Policy Considerations. This course provides an overview of issues to consider in affordable housing development: the most important areas of applicable laws and regulations on affordable housing; the sources of financing and the role of public/private partnerships and non- profit/ for-profit developers’ joint ventures; and the emerging trends in affordable housing development within urban communities.
 
Course Concentrations:
Social Justice & Public Interest (Area of Focus) More information
Social Justice & Public Interest (Concentration) More information

Since its genesis moment in 2008, bitcoin, its progeny of digital currencies, and the underlying blockchain technology have become increasingly prominent – and increasingly divisive. As digital assets and other blockchain applications continue to launch and mature, regulatory authorities are working to keep up. In this course, we will discuss the most significant legal and regulatory issues pertinent to the space. Topics to be covered throughout the course include the history/evolution of blockchain technology/digital currency; current and proposed regulation of digital currency exchanges, crypto wallets, initial coin offerings and other similar products and services; smart contracts; blockchain applications in the financial services sector (and other industry sectors); and blockchain applications in the public sector (e.g., land registries, voting).
 
Course Concentrations:
The Business of Innovation, Law and Technology: BILT (Concentration) More information
Transactional Law (Area of Focus) More information
Transactional Law (Concentration) More information

Digital transformation describes how companies continuously leverage technology in order to stay relevant, competitive, and connected to their stakeholders. With the availability of powerful AI technology, the pace of transformation is intensifying. In order to advance digital transformation capabilities, companies often engage technology outsourcing partners, who will help navigate critical transformation activities, including the implementation of AI solutions. The agreements with outsourcing partners raise complex legal considerations, such as intellectual property ownership, data protection, risk allocation and long term value creation. This course will enable students to gain practical skills in drafting and negotiating thoughtful, well structured technology development and outsourcing agreements that allow clients to harness the power of AI and other technology, while managing risks, ensuring compliance, and safeguarding the client’s long-term success.
 
Course Concentrations:
Transactional Law (Area of Focus) More information
Transactional Law (Concentration) More information

This course aims to prepare students to work in a cross-border and transnational legal and business context in Latin America. The course will cover the legal aspects of doing business in Latin America through the analysis of the business practices in major industries present in every Latin America country, regardless of different political and economic approaches, levels of development and social and educational contexts. The course is designed primarily for students who plan to serve as legal liaisons between the US legal system and the most relevant legal systems in Latin America. Students in the course will be exposed to a variety of different aspects of doing business in Latin America, including doing business through a sales representative or distributor, the use of different forms of business associations (in the form of local subsidiaries or branches), and the regulations related to direct investments. The course will also cover aspects of exchange control regulations, import/exports restrictions, repatriation of investments, labor law and unions and special local laws for the protection of the local market and investors. Finally, the course will focus on litigation, arbitration (both national and international), treaties for the protection on foreign investments and international enforcement of judgments and awards.
 

Litigation is very different in the digital world than it was in the paper world. This course will focus on electronic discovery rules and cases. We will study the changes to the federal rules of civil procedure that went into effect on December 1, 2006 and December 1, 2015. They were designed to fill the e-discovery void but have created as many issues as they resolve. We will discuss key e-discovery cases under the Rules, the duty to preserve, the attorney-client privilege, Rule 502 orders, sanctions, the ethics of e-discovery, forms of production, metadata, and a host of other related topics. Prominent judges and lawyers from around the United States will also be guest speakers via speaker phone.
 
Course Concentrations:
The Business of Innovation, Law and Technology: BILT (Concentration) More information
Litigation & Dispute Resolution (Concentration) More information
Social Justice & Public Interest (Area of Focus) More information
Social Justice & Public Interest (Concentration) More information

There are over 100,000 private foundations in the United States holding billions of dollars in assets and more forming every day. Other forms of philanthropy are also emerging as some newly minted billionaires opt to use a variety of structures to address the world’s most serious problems. There is an increasing blurring of lines between the activities of not for profits and for profit organizations and social entrepreneurs as they seek new and innovative ways to achieve impact. Private foundations and philanthropists also face a myriad of challenges and increasing criticism as they exert influence in trying to solve problems in a fast changing world. This course will examine the role of private foundations in helping to effect social change, the tools they have available, the limitations on their activities, recent criticisms, and the emerging forms of philanthropy that offer different ways to achieve social impact. It will explore the different types of charitable organizations and the increasing blurring of lines between the activities of charitable organizations and commercial activities. It will also touch upon the new hybrid vehicles and the use of other strategies and structures and their relationship to private foundations. The course will use real life examples and case studies to illustrate the opportunities and challenges facing private foundations, aspiring philanthropists and social entrepreneurs in a time of transformational change in the industry and world. Students will be expected to participate in class room discussion, simulations and exercises based on hypothetical situations taken from real life cases. The exam will be a participatory exercise to address alternatives with an emphasis on why various paths were taken or not pursued. Students will be exposed to the not for profit sector in a real world context and examine some of the issues that private foundations address and the challenges they face. No specific prerequisites are required except curiosity, a desire to learn and an interest in changing the world for the better. Courses in corporate law and tax exemption are helpful although not required. Short Course Attendance Policy Due to the small number of meetings, attendance to all meetings/classes for short courses is mandatory. Students who miss more than one class session (80 minute) of a 1-credit short course are subject to administrative withdrawal and will have a W for the course on their transcripts.
 
Course Concentrations:
The Business of Innovation, Law and Technology: BILT (Concentration) More information
Social Justice & Public Interest (Area of Focus) More information
Social Justice & Public Interest (Concentration) More information

Most law school courses develop logic and language abilities. Research shows, however, that other skills, commonly referred to as "emotional intelligence," often play a greater role in professional success. These skills include cultivating self-awareness, managing emotions, getting motivated, recognizing emotions in others, and handling relationships. This ground-breaking course serves as a counterweight to the traditional law school curriculum. Its goal is to prepare students to meet the challenges of life in the law and to interact effectively with colleagues, clients and adversaries. In particular, students will learn how to reduce stress, increase happiness, improve performance, and relate to others. The course lays a foundation for life-long development of emotional intelligence. Class time will be devoted to topics such as mindfulness, cognitive therapy, and life design. Outside of class, students will continuously pursue life changing practices, including adherence to a contemplative routine, engagement in effective communication, and completion of a project utilizing emotional intelligence skills. The course comprises a training program in emotional intelligence. As such, it requires a commitment to regular and intensive daily work. The workload is heavier than many law school courses. The focus is on growth and learning. Thus, grades are based not on emotional aptitude but on time and energy expended. Some seats in this class will be reserved for students from the wait list. These seats will be allocated by the instructor. Students wishing to be considered for these seats should submit a brief statement describing their reasons for taking the course to wblatt@law.miami.edu as soon as possible, and no later than November 20, 2023.
 

This course will focus on the federal laws prohibiting discrimination in employment on the basis of race, sex (including sexual harassment and pregnancy), age, national origin (including language), disability, and other bases. It will consider issues from both the employee and the employer perspective, and will integrate theory with practice. The course will study evolving federal case law, particularly Supreme Court decisions, discussing what discrimination is and how it is proven. The course will also explore remedies including the awarding of attorney's fees.
 
Course Concentrations:
Business Compliance and Sustainability (Area of Focus) More information
Business Compliance and Sustainability (Concentration) More information
Social Justice & Public Interest (Area of Focus) More information
Social Justice & Public Interest (Concentration) More information

Welcome to Entertainment Law—this course is designed to arm students with the fundamentals of understanding the legal, business, and creative standpoints of production from its inception. Throughout this course, students will discuss the components of various agreements, hear from creatives and executives in the industry, and ultimately conduct their own negotiations, utilizing deal points and considerations discussed throughout the course.
 

This course will cover the legal aspects of television show production in Latin America, oriented to attorneys willing to practice in the field of entertainment for either U.S. or foreign TV networks and production companies doing business in Latin America. Forms of contracts and other legal documents will be brought to analysis, including the discussion of generally accepted clauses and resolution of situations generally encountered in the TV business based on real cases taken from practice and case law. The course will aim to provide students with basic knowledge to understand and develop a practice in Entertainment law oriented to the Latin American market. The course will cover the legal steps of the TV business, from the acquisition of rights over a format to the final distribution of the series or program, with the analysis of: (i) Format License Agreements, for both scripted and non-scripted shows, intellectual property registrations under Latin American laws and the concept of “moral rights” vs. copyright; (ii) Development and Production Agreements, including the development of pilots and first episodes; (iii) Agreements for directors, actors, talents, writers and composers, focusing on the services provided with special emphasis in the protection of IP rights (assignment of rights and “right to credit”); (iv) Unions and guilds and the protection of talents, writers and musicians’ rights in Latin America, including term of assignment (“perpetuity vs. limited time, and reversion of rights), territory (worldwide vs. designated territory), and media (all media including Internet vs. selected media); (v) rights and clearances for the use of image, footage and locations and other IP holders such as voice talents, art and set designers, makeup artists and others; (vi) Distribution Agreements, focusing on cable, satellite, Internet and mobile devices; and (vii) Music Composer Agreements (episodic or score), focusing on synchronization, mechanical and publishing rights, and Performing Right Societies. Short Course Attendance Policy - Due to the small number of meetings, attendance to all meetings/classes for short courses is mandatory. Students who miss more than one class session (80 minute) of a 1-credit short course are subject to administrative withdrawal and will have a W for the course on their transcripts. Reading materials/books: Material to be provided to students during classes.
 

This course is intended to approach the study of Entertainment Law Transactions focusing on Unscripted Television contracts and business practices from a practical perspective to better understand best business practices in legal negotiations for the creation of content, from the pitch/development phase through production and exhibition. In accordance with the following, we will be focusing on key components/clauses of transactions and agreements. This course will also examine current disputes and litigations that have come up in unscripted television from format rights to bad behaviors, and ways to mitigate those risks in smart drafting of contracts.
 

The clinic provides rights education, interdisciplinary research, public policy resources, and advocacy and transactional assistance to low- and moderate-income communities discriminated against by public and private actors in the fields of civil rights (e.g., housing and transportation), environmental protection (e.g., climate change, food access, land use, and pollution), and poverty law (e.g., economic development and municipal equity). Clinic course work encompasses six areas: (1) cultural and social history; (2) economics, geography, and sociology of urban poverty; (3) public interest law theory and practice; (4) lawyering process skills (e.g., interviewing, fact investigation, counseling, and negotiation); (5) legal ethics and professional responsibility; and (6) litigation and non-litigation advocacy strategies (e.g., community education, direct service, and law reform). Course requirements include case management, fieldwork, readings, memoranda, and litigation and non-litigation work product.
https://www.law.miami.edu/academics/clinics 
Course Concentrations:
Environmental Law (Area of Focus) More information
Environmental Law (Concentration) More information
Health Law (Area of Focus) More information
Social Justice & Public Interest (Concentration) More information

This 4-credit Evidence course is concerned with the law of evidence applicable in civil and criminal proceedings in the United States. The focus will be on the Federal Rules of Evidence, which now have been adopted through codification in a large majority of states. The primary method of evaluation will be a in-person timed comprehensive exam. Students will also complete 2-3 multiple choice quizzes during the course.
 
Course Concentrations:
Litigation & Dispute Resolution (Concentration) More information

This 4-credit Evidence course is designed for students interested in litigation. Although it is in many ways a traditional course, we will discuss evidence law from a strategic perspective – as litigators trying to enter or exclude certain evidence. To that end, students will be required to analyze hypotheticals, stand, and make oral arguments. Substantively, the course will cover the law of evidence as applied in both civil and criminal proceedings throughout the United States. The focus will be on the Federal Rules of Evidence, which now have been adopted through codification in the vast majority of states. These will be examined in detail with reference both to their common law background and to their subsequent interpretation.
 
Course Concentrations:
Litigation & Dispute Resolution (Concentration) More information

This 4-credit traditional Evidence course is concerned with the law of evidence applicable in civil and criminal proceedings in the United States. The focus will be on the Federal Rules of Evidence, which now have been adopted through codification in a large majority of states.
 
Course Concentrations:
Litigation & Dispute Resolution (Concentration) More information

The University of Miami School of Law Externship Program is a JD class that provides second-year (2L) and third-year (3L) students, in good academic standing, an opportunity to gain practical legal experience by working with corporations (in-house legal department or general counsel's office), government agencies, public interest organizations or the judiciary for academic credit. Students gain legal experience by working under the supervision of practicing lawyers, which is enhanced by a classroom component that allows students to maximize the learning opportunity. Law firms, of any size, do not qualify to serve as externship field placements. The Externship Program has two components: (1) a semester total of 135 hours at the approved externship field placement, and (2) a class that meets once per week. The works hours and classroom component must be completed concurrently. The Externship Program is an elective 3-credit course that is graded pass/fail and meets a skills graduation requirement. Students are responsible for securing your own externship placement. Please go to the Externship Program webpage where you will find information on current pre-approved placements and instructions on how to apply to each placement. You can also seek approval for a new placement that is not on the pre-approved list. You have until the end of the add/drop period to obtain an externship placement and enroll in the course. You will be enrolled in the course only after you have obtained an offer from your externship placement. For more information, please click here for the Externship Program webpage or contact Professor Jessi Tamayo (jtamayo@law.miami.edu). Enrollment is by permission of the Instructor.
https://www.law.miami.edu/iml/careers/miami-law-cdo-externship-program 
Course Concentrations:
Business Compliance and Sustainability (Area of Focus) More information
Business Compliance and Sustainability (Concentration) More information
Social Justice & Public Interest (Concentration) More information
Transactional Law (Area of Focus) More information
Transactional Law (Concentration) More information

The University of Miami School of Law Externship Program is a JD class that provides second-year (2L) and third-year (3L) students, in good academic standing, an opportunity to gain practical legal experience by working with corporations (in-house legal department or general counsel's office), government agencies, public interest organizations or the judiciary for academic credit. Students gain legal experience by working under the supervision of practicing lawyers, which is enhanced by a classroom component that allows students to maximize the learning opportunity. Law firms, of any size, do not qualify to serve as externship field placements. The Externship Program has two components: (1) a semester total of 135 hours at the approved externship field placement, and (2) a class that meets once per week. The works hours and classroom component must be completed concurrently. The Externship Program is an elective 3-credit course that is graded pass/fail and meets a skills graduation requirement. Students are r
 
Course Concentrations:
Social Justice & Public Interest (Concentration) More information
Transactional Law (Area of Focus) More information
Transactional Law (Concentration) More information

The University of Miami School of Law Externship Program is a JD class that provides second-year (2L) and third-year (3L) students, in good academic standing, an opportunity to gain practical legal experience by working with corporations (in-house legal department or general counsel's office), government agencies, public interest organizations or the judiciary for academic credit. Students gain legal experience by working under the supervision of practicing lawyers, which is enhanced by a classroom component that allows students to maximize the learning opportunity. Law firms, of any size, do not qualify to serve as externship field placements.
 
Course Concentrations:
Social Justice & Public Interest (Concentration) More information
Transactional Law (Area of Focus) More information
Transactional Law (Concentration) More information

The D.C. externship program provides students with an opportunity to learn multiple dimensions of lawyering through integration of real-world practice experience and academic inquiry. The D.C. Externship seeks to expose students, in particular, to the landscape of legal practice within government and non-profit agencies that operate in Washington, D.C. Under the supervision of a licensed attorney, students do their fieldwork at approved externship placements in a diverse range of litigation, transactional and policy settings. The classroom component of the course focuses on legal skills, ethics, theory and professional development to enhance the student’s learning in the real world practice setting. It probes students to reflect upon what it means to be an effective lawyer in the particular practice setting and how to maximize the externship experience. The course also includes a mandatory visit to the Unites States Supreme Court and Capitol Hill. Students may take the course for up to 9 credits provided the student has not already taken an externship at Miami Law. Students are responsible for securing their own externship for the course. For questions about enrollment and to register, please contact Associate Dean for Experiential Learning Kele Stewart atkstewart@law.miami.edu.
 

The D.C. externship program provides students with an opportunity to learn multiple dimensions of lawyering through integration of real-world practice experience and academic inquiry. The D.C. Externship seeks to expose students, in particular, to the landscape of legal practice within government and non-profit agencies that operate in Washington, D.C. Under the supervision of a licensed attorney, students do their fieldwork at approved externship placements in a diverse range of litigation, transactional and policy settings. The classroom component of the course focuses on legal skills, ethics, theory and professional development to enhance the student’s learning in the real world practice setting. It probes students to reflect upon what it means to be an effective lawyer in the particular practice setting and how to maximize the externship experience. The course also includes a mandatory visit to the Unites States Supreme Court and Capitol Hill. Students may take the course for up to 9 credits provided the student has not already taken an externship at Miami Law. Students are responsible for securing their own externship for the course. For questions about enrollment and to register, please contact Associate Dean for Experiential Learning Kele Stewart atkstewart@law.miami.edu.
 

Arbitration is an essential part of dispute resolution today, including both purely domestic disputes as well as cross-boarder disputes. As a consequence, practitioners are required to understand the legal framework under which arbitration is conducted in the United States. This course is an introduction to the Federal Arbitration Act, the arbitration practice under state law, and the UNCITRAL Model Law (which was recently adopted for international commercial arbitration in Florida).

Course Objectives:
1. To enable the student to identify and understand the statutes and case law governing
the resolution of disputes through arbitration.
2. To introduce the student to the rules, processes and ethics of arbitration.

Course Overview:
We will conduct this course in a lecture/discussion format, interspersed with exercises and writing
assignments designed to enhance arbitration skills. We will explore the statutory and case law bases of
arbitration. Additionally, we will address the advantages and disadvantages of arbitration relative to traditional
litigation models. We will examine guidelines and rules that govern arbitration and the responsibilities of
arbitrators.
 
Course Concentrations:
Litigation & Dispute Resolution (Concentration) More information
Social Justice & Public Interest (Area of Focus) More information
Social Justice & Public Interest (Concentration) More information

This course considers four fundamental issues of income taxation: base, timing, unit and rate. Although focusing on legal doctrine, the course also spends considerable time discussing tax and business planning, the time value of money, and tax policy analysis.
 
Course Concentrations:
Business Compliance and Sustainability (Area of Focus) More information
Business Compliance and Sustainability (Concentration) More information
The Business of Innovation, Law and Technology: BILT (Concentration) More information
Social Justice & Public Interest (Area of Focus) More information
Social Justice & Public Interest (Concentration) More information
Transactional Law (Concentration) More information

This course covers major aspects of tax procedure, tax controversy, and tax dispute resolution. It also includes an in-depth analysis of the United States Tax Court tax litigation process. The analysis encompasses the organization and jurisdiction of the courts, choice of forum, pleadings, problems in major cases, partnership litigation, the trial process (particularly with respect to discovery, stipulations of facts, burden of proof, and evidentiary questions), briefs, the decisional process, and post-trial activity (including attorney's fees and appeals).
 

This course examines federal estate, gift and generation skipping transfer taxes; property included in the gross estate, including prior transfers with retained powers and interests, property subject to powers of appointment, life insurance, annuities, and jointly owned property; valuation; expenses; marital deduction; and definition of taxable gifts, including transfers in revocable and irrevocable trusts, and gifts to minors.
 

This course focuses on the individual rights guaranteed by the First Amendment of the United States Constitution. In particular, we will cover free speech and the press in the first half of the course, and both religion clauses (free exercise and establishment) in the second half. When applicable, the course will incorporate current events.
 

This course will provide an overview of fisheries and wildlife law, including practical applications at the federal, state, and local level. The course will also include an introduction to statutes, rules, regulations, and emerging issues in fisheries and wildlife law and policy. This course will focus on themes that are of particular importance to environmental professionals, such as sustainable fisheries, marine mammal protection, aquaculture, fish and wildlife management, criminal enforcement, and conservation of public lands/waters. Classroom: Science Lab & Admin 103
 
Course Concentrations:
Environmental Law (Area of Focus) More information
Environmental Law (Concentration) More information

Florida’s Rules of Civil Procedure provide the procedural framework for every case as it proceeds from the filing of the initial Complaint to a summary disposition or a trial. A firm understanding of the rules will not only help you to pass the Florida Bar and become a lawyer in the first place, but more importantly it will help you turn potential procedural obstacles into advantages as you embark on your legal practice. The emphasis in this course will be on the practical side of litigating cases in state court in Florida. The course will include an in-depth review of the Florida Rules of Civil Procedure by studying the rules themselves as well as the salient Florida case law applying them.
 
Course Concentrations:
Litigation & Dispute Resolution (Concentration) More information

Unlike U.S. Constitutional Law, Florida Constitutional law must address several constitutional texts - the 1968 Constitution and its amendments. The decisions of the Florida Supreme Court work with notions sometimes common to these constitutions and sometimes in tension with some of them. Some parts of Florida constitutional law are relatively unique: the initiative provisions of the 1968 Constitution, the right of privacy, and the open government provisions, for example. Other aspects are not uncommon in state constitutional law, but unfamiliar to students familiar with only U.S. constitutional law for example, the strong separation of powers, the open courts guarantee, the distinction between general and special legislation, the local government rules, the arrangement of courts and the tax regime. The course surveys Florida Constitutional Law in an effort to suggest something of its complexity.
 

This course is designed to equip students with the skills to utilize Florida legal resources effectively. This course will introduce students to Florida legal resources and provide hands-on experience in using Florida print and electronic legal resources. The course goal is to provide students with the skills necessary to conduct effective and efficient research by emphasizing (i) the evaluation of resources, (ii) research strategies, and (iii) practical research concepts. Students are expected to thoroughly complete all assignments before class and participate meaningfully during class, considering that the course material is compressed into 7 weeks (compared to a typical Fall/Spring semester of 13 weeks). While there's no required textbook, "Florida Legal Research" (5th ed. 2020) is recommended and accessible in the Law Library. All course materials will be on Blackboard.
 

This is the first installment in a two-semester simulation of arbitral proceedings, covering practical
aspects of an international arbitration from the genesis of a dispute to the first substantive written
pleading. The Fall course focuses on the initial stages of an arbitration, including selection of
arbitrators, challenges to the arbitrators, interim measures, procedural conferences, interviewing
experts and witnesses, document production, and preparation of written and oral submissions.

This intensive course will incorporate practical exercises involving research, oral argument, written
advocacy, and negotiation.

The course will also encourage a discussion about the ethical issues and other challenges participants
in international arbitration proceedings typically face, with the purpose of raising awareness among
the students about the importance of conducting themselves with professionalism and high ethical
standards in the practice of transnational law.
 
Course Concentrations:
Litigation & Dispute Resolution (Concentration) More information

The General Counsel Practicum is a blueprint for students to learn, in a hands-on environment with the Legal Department at the MIAMI Association of REALTORS®, the skills needed to practice as a general counsel. Topics include contract drafting, regulatory compliance, risk management, corporate and nonprofit governance (for both MIAMI REALTORS® and its subsidiaries), alternative dispute resolution (arbitrations, ombud program, mediations, and ethics cases), government affairs, public policy, labor and employment issues, and strategic legal decision-making. The practicum allows a limited number of students (up to five) to be placed with the Legal Department at MIAMI REALTORS®, Inc., the largest local REALTOR® association in the United States with 58,000 members, and second largest in the world. The course is for 3 credits and is graded. The course meets weekly for two hours with the Chief Legal Counsel of MIAMI REALTORS® (and guest speakers) for subject matter training and professional development. Students are required to attend other meetings for credit (e.g., board meetings, vendor meetings, contract negotiations).

Course Delivery:
In-person at MIAMI REALTORS®' Global HQ (1800 Oakwood Drive, Miami, FL 33166)
 

This course introduces the scientific, socio-ethical and policy issues surrounding the development of human genetics technologies and the implementation of genomic medicine. Policy frameworks cluster a broad range of laws, ethical principles, professional standards and other norms governing and evaluating human behavior. They all establish boundaries between what should be considered acceptable or indefensible actions. Policy is influenced by local historical, socio-cultural, political, and economic factors. An important objective of this course is to explore normative responses to the wide range of challenges that genetic technologies and genomic medicine brings to individuals, families, communities and societies alike. It is a seminar designed to improve critical thinking and give the tools to evaluate ethical dilemmas, societal implications and legal responses. To this end, the course covers a broad spectrum of topics, from the history of eugenics, to genetic testing and screening through the life cycle (i.e. pre-implantation and pre-natal testing, newborn, population and carrier screening, direct-to-consumer genetic testing), as well as bioethical (i.e., informed consent, privacy, confidentiality, etc.), policy (i.e., professional duties, patents, discrimination, etc.) and societal issues (i.e. health disparities, forensic applications).
 
Course Concentrations:
Health Law (Area of Focus) More information

This course focuses on the interrelationship between globalization and arbitration – a critical issue for the future of this dynamic field. It examines the evolution of international arbitration in context of the globalization era that emerged after the Cold War. It further considers the impact of disruptions to the globalization era - from Brexit to corruption scandals to the global pandemic - and corresponding impacts on arbitration. It also looks forward to the relationship between the growing public and private sector focus on environmental, social and governance (ESG) issues and the future of international arbitration, as reflected in changes to treaties such as the Energy Charter Treaty (ECT). There is a focus on strategic economic sectors and the role of the public and private sectors. The course utilizes investment arbitration decisions as case studies for analyzing investment and development, and relies on secondary sources as well. The course also focuses on case studies and first-hand experience of the professor with high profile investments and arbitrations worldwide. Course requirements include class participation, a brief commentary essay, and an end-of-course essay. The class may include outside guest speakers who are highly experienced individuals in public and private sector investment issues participating in person or by teleconference. Short Course Attendance Policy Due to the small number of meetings, attendance to all meetings/classes for short courses is mandatory. Students who miss more than one class session (80 minute) of a 1-credit short course are subject to administrative withdrawal and will have a W for the course on their transcripts.
 

See website:
https://www.law.miami.edu/academics/clinics/health-rights-clinic 
Course Concentrations:
Health Law (Area of Focus) More information
Immigration, Asylum, and Citizenship Law Area of Focus (Area of Focus) More information
Litigation & Dispute Resolution (Concentration) More information
Social Justice & Public Interest (Concentration) More information

The Human Rights Clinic (HRC) works for the promotion of social and economic justice globally and in the United States. Students gain firsthand experience in cutting-edge human rights litigation and advocacy at the local, national, regional, and international levels. This includes engaging with the Inter-American Court and Commission on Human Rights, the African Court on Human and Peoples’ Rights, the European Court of Human Rights, the United Nations, and other tribunals. Focus areas include gender and racial justice, immigrant and Indigenous women’s rights, and the rights to housing, health, and food. HRC draws on international human rights laws and norms, along with domestic law and policy. It engages in multidimensional advocacy strategies, which include documentation and report-writing, litigation, media engagement, work with legislative and administrative bodies, campaigning, community organizing, and global networking to develop practical solutions and promote accountability on the part of state and non-state actors. In the classroom, students have the opportunity to bridge theory and practice. They critically engage with human rights law and contemporary social problems while sharpening key lawyering skills. Students examine the evolution and tools of the human rights movement, as well as ethical challenges and critiques. Students must apply to enroll in HRC.
https://www.law.miami.edu/academics/clinics/human-rights-clinic-requirements 
Course Concentrations:
Health Law (Area of Focus) More information
Social Justice & Public Interest (Concentration) More information

See website:
https://www.law.miami.edu/academics/clinics/immigration-clinic 
Course Concentrations:
Immigration, Asylum, and Citizenship Law Area of Focus (Area of Focus) More information
Litigation & Dispute Resolution (Concentration) More information
Social Justice & Public Interest (Concentration) More information

Please visit: http://www.law.miami.edu/clinics/index.php
https://www.law.miami.edu/academics/clinics 
Course Concentrations:
Litigation & Dispute Resolution (Concentration) More information
Social Justice & Public Interest (Concentration) More information

The seminar is a survey of the law and regulation of international commercial arbitration as seen from the perspective of the United States courts. It is divided into four units: Overview of Core Legal Sources; The Agreement to Arbitrate; The Arbitral Process and The Award. In all phases of the course, attention will be given to the interaction of national courts and the arbitral process and the limits of party autonomy and the consequences of its exercise. Class participation is encouraged. The objective of the seminar is to provide the student with a comprehensive understanding of the core concepts of international commercial arbitration.


In this course, we will survey the law and practice of international commercial arbitration, with
special reference to the treatment of the subject under the laws of the United States. As you will learn
during the course of the semester, international commercial arbitration touches on many legal
disciplines. You will notice elements of constitutional law, public international law, conflicts of law,
procedural law and contract law, and other areas unique to the subject matter. You will also learn of
the growing importance of arbitration in the resolution of international commercial disputes, and of
the subtleties always present in the conduct of an arbitration of this type and inherent in the legal
environment in which such arbitrations take place.

It is likely that during the course of the semester, recognized experts in the field will be visiting
our area. Consequently, it is possible that we will have guest lecturers or distinguished visitors to our
class during the course of the semester. I will try to advise you in advance of guest lecturers, but this
will not always be possible.

For written materials, I will emphasize primary sources, particularly the Convention on the
Recognition and Enforcement of Foreign Arbitral Awards (The New York Convention) and the InterAmerican Convention on International Commercial Arbitration (The Panama or Inter-American
Convention), the UNCITRAL Model Law on International Commercial Arbitration, the Federal
Arbitration Act, and judicial opinions. We will also study the rules of arbitral procedure, such as the
UNCITRAL International Arbitration Rules; the International Chamber of Commerce International
Arbitration Rules, and the International Center for Dispute Resolution (American Arbitration
Association) Rules. In addition, we will also consider texts such as the International Bar Association
Rules on the Taking of Evidence in International Arbitrations. The primary sources will occasionally
be supplemented by articles and other secondary sources. Also, during the course of the semester, I
will assign new significant laws, texts, and opinions as they are issued.
 
Course Concentrations:
Litigation & Dispute Resolution (Concentration) More information

In an ever-increasing global marketplace, businesspeople seek a variety of ways to place their services and products overseas via direct investment or through a net of local players in the targeted markets. The course will address the issues that are commonly embedded in international distribution and franchise relationships, including pre-contractual negotiation, performance, and non-performance. The class will be based on a multi-faceted approach in developing crucial written and oral presentation skills by requiring students to engage in course materials through (i) class participation and (ii) in-role acting as counsel during the transaction phase and after a conflict arises. The class will be highly interactive. Apart from commercial challenges and cultural clashes, legal differences invariably come into play in cross-border distribution and franchise agreements. Students will be invited to explore all distinct features, and challenges that normally emerge when conflicts hit, including discussions as to ways to solve them. Although other initiatives may be subject to class debate, including possible recourse before local courts, arbitration is the default mechanism for dispute resolution in an international setting. Students may be asked to present to the class topics under discussion from the perspective of the legal system with which they have experience and be prepared to comment on inputs that may come from classmates for the benefit of the entire class.
 

Energy-related disputes represent around 40% of the ICSID case load. Some of the most controversial cases that have resulted in the largest damages awards concern energy projects. Energy, in its many forms (oil, gas, mining, electric power and other energy industries), continues to be at the center of the debate as it engages in energy transition efforts. This course will first provide students with a general introduction of the industry, including the main types of energy contracts, public and private key players in the upstream, midstream and downstream segments, regulations and international treaties. Then, the course will focus exclusively on international energy disputes, which include those that arise from nationalizations (less common), changes in the legal regime (more common), and energy transition measures (increasingly common), posing a great challenge to investors and States as they incentivize renewables and discourage fossil fuels. Disputes will be based on real international cases. Finally, the course will include hands-on training by inviting students to participate in a mock hearing with distinguished arbitrators, practitioners and experts on the energy industry. The mock hearing will take place at the instructors’ law firm. Saturday, October 26, 10 AM to 1:20 PM - The class will occur at King & Spalding LLP. Students will receive further details via Blackboard.
 

This course analyzes the taxation of foreign persons in the United States, including taxation of United States real property interests and withholding on the disposition or acquisition of business interests in the United States; related issues such as choice of entity and sales of goods imported into the United States; and pre-immigration tax planning strategies.
 

This advanced course is designed to introduce students to the fundamental legal principles, rules and laws that govern foreign direct investments (FDI). The objective is to provide a comprehensive and solid foundation for interested students to follow a potential career in the practice of International Investment Law and develop a basis for further specialization in discrete areas of International Investment Law. The Course is divided into two main parts. The first part will address legal principles that govern the promotion and protection of foreign direct investments (FDI) through the review of selected: national investment laws, bilateral investment treaties, trilateral free trade agreements such as NAFTA, US-MCA (replacing NAFTA); and multilateral agreements such as the Convention Establishing the Multilateral Investment Guarantee Agency (MIGA).

The second part reviews the legal principles that have evolved through dispute resolution in Investor-State disputes, principally, through resort to arbitration. The concentration here will be on the core legal principles that have evolved through cases and decisions of international judicial forums such as the International Court of Justice (ICJ), arbitral tribunals such as the Iran-United States Claims Tribunal and the International Centre for Settlement of Investment Disputes (ICSID); and decisions of other arbitral tribunals having jurisdiction over Investor-State Dispute Resolution (ISDR). In both parts, fundamental legal principles that relate to FDI, inter alia, determining nationality of investor/investment, state responsibility, nationalization/expropriation, breaches of contractual obligations and compensation standards will be reviewed.