Administrative governance addresses issues central to the daily lives of Americans, including, but not limited to, immigration reform, education, civil rights, financial regulation, environmental protection, and auto safety. Indeed, in an age of polarized government, the administrative state has taken on an increased importance in American governance. Administrative law encompasses several different substantive areas, and is fundamentally about the creation, legitimation and control of bureaucratic decision making in a democracy. Though the course focuses primarily on national administrative agencies and the federal courts, familiarity with administrative law and process is essential for the practice of law at both the federal and state level. Administrative law deals with three issues: (1) what powers may be delegated to administrative agencies; (2) the manner in which agencies use their delegated power, e.g., through rulemaking or adjudication; and (3) the ways in which administrative agencies are disciplined by the political branches, the courts and private parties. The first issue raises questions largely related to the status of administrative agencies in the constitutional framework—i.e., whether and to what extent Congress may delegate to substantive decision-making authority to administrative agencies. The second issue deals almost exclusively with the procedural requirements imposed on administrative agencies when engaged in their “law creation” function. Finally, the third issue addresses questions of the availability and scope of judicial review, and the formal and informal ways that the political branches attempt to constrain agency discretion. The primary focus of this class, as an introductory class, will be to develop a working knowledge of the key doctrinal components of this area of the law. However, we will also think broadly about the justifications for the administrative state, which has been with us since the very first days of the Republic, and test those against our substantive ideals about democracy, deliberation, accountability, and effective governance. In addition to a Final Examination, students grades will be based on a book review essay due mid-semester. Students are free to choose one of several books selected by the professor.
 
Course Concentrations:
The Business of Innovation, Law and Technology: BILT (Concentration) 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

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.
 

Whether you are arguing to an appellate judge, a trial judge, or the senior partner in a law firm, you need to be able to make a strong legal argument. Rarely does this come naturally to people. This class focuses on helping 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 which will be helpful in preparing them for the Gaubatz Competition (precursor to invitation to the Charles C. Papy Moot Court Board).
 
Course Concentrations:
Litigation & Dispute Resolution (Concentration) More information

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.

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.
 

This course will focus on an advanced topic in international arbitration to be selected annually as an annual theme for the International Arbitration Institute. The focus will be on theoretical approaches to the topic, with readings, class discussion and a take home final exam. Participants will have the option to apply to take the subsequent spring seminar on Advanced Topics in Arbitration: Publications, through which students will engage in intense writing and discussion as part of a capstone project. The topic for 2019-20 will be "The Evolution of Latin American Arbitration." The topic will be doubt with a comparative perspective that is inclusive of students from diverse backgrounds.

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.
 

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 examines the intersection of law and the visual arts within the U.S. legal system. Topics may include such issues as artists' rights in their works; the art market, with an emphasis on problems of authenticity and good title; the fate of art in times of armed conflict; and art museums. There is no required text for this class. Reading assignments will be posted on-line and distributed in hard copy via the Copy Center; the readings comprise the manuscript of the 6th edition of Merryman, Urice, & Frankel, Law, Ethics, & The Visual Arts (Cambridge University Press, 2019 [anticipated]) and include cases, articles, international treaties, statutes, and other materials. Students are expected to prepare the reading assignments completely and with care and to participate meaningfully and thoughtfully in class discussion. The Students enrolled in the Entertainment, Arts, and Sports Law LL.M. or J.D./LL.M. may fulfill a writing requirement in lieu of the examination.
 

An intensive study of the problems of the debtor and creditor under federal bankruptcy law. It will focus particularly on issues concerning the bankruptcy estate, the automatic stay, discharge in Chapter 7, the avoiding powers to the trustee, and reorganization in Chapter 11. The text will be supplemented with lectures on local rules, procedures and recent cases as well as practical methods of dealing with the subject matter.
 
Course Concentrations:
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 established the clinic. Miami Law offers it as a one semester or a two-semester, six-credit elective that pairs students into teams to represent clients under the mentorship of experienced attorneys. How Students Benefit from Participating in this Clinic • Hands-On Learning – Students have the opportunity to practice on real cases in federal bankruptcy court. These 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 may counsel 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 from firms such as Kozyak Tropin and Genovese Joblove Battista. • 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 is an intensive course intended for two types of students: those who are generally interested in international business transactions and want an overview of the most frequent method for resolving contractual disputes, and those who are intending to go on to take more intensive courses in the field. This course is a prerequisite for the Spring Semester offering: Advanced Arbitration Seminar. This course is recommended for the following courses: Fall Semester: International Commercial Arbitration Seminar: A United States Perspective, Forensics of Advocacy in International Arbitration I, Drafting Complex Arbitration Clauses, Federal & State Arbitration, International Arbitration LL.M. Practicum, International Sports Arbitration, Treaty Interpretation and the Vienna Convention on the Law of Treaties, UNCITRAL Model Law: Fundamental Concepts and Impact on Latin America. Spring Semester: Forensics of Advocacy in International Arbitration II, Complex International Negotiations, International Arbitration LL.M. Practicum, International Investment Agreements, International Law of State Responsibility, Investment Arbitration, Presentation of Evidence in International Arbitration, The Practice of the 1958 New York Convention, Transnational Litigation and International Arbitration with a European Nexus.

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

This course will serve as an introduction to mediation as a dispute resolution system in the bioethics context. Students will have the opportunity to participate in simulated mediations, both as a mediator and as a party. Through simulations, readings, and class discussion, students will study the roles that doctors, bioethicists, mediators, and lawyers play in resolving conflicts between healthcare providers and families.

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.
 

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.
 

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:
The Business of Innovation, Law and Technology: BILT (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:
The Business of Innovation, Law and Technology: BILT (Concentration) More information

This course provides an introduction to the fundamentals of business immigration laws and procedure in the United States. The course will cover statutory and regulatory requirements, along with agency policies and procedures relating to professionals, artists, athletes, investors, entrepreneurs, and workers seeking to do business, and/or work in the United States. Students will learn to analyze statutes, regulations, legal decisions, policy memoranda, government manuals, and liaison minutes. This course will also present guest speakers in several visa categories, and include mock consultations, government agency, and/or consulate interviews. Particular attention will be paid to the practical aspects of business immigration law with the goal of preparing students to effectively navigate through the government’s procedural labyrinth.
 
Course Concentrations:
Immigration, Asylum, and Citizenship Law Area of Focus (Area of Focus) More information

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Course Concentrations:
Litigation & Dispute Resolution (Concentration) More information

This course begins where Civil Procedure I ends, providing in-depth coverage of all stages of civil litigation. One objective of the course is to provide a strong background in the law of modern American civil procedure. Thus, the course will be of interest to those students focusing on litigation, as well as those students who plan to focus on transactional law but want a better understanding of litigation risk management. But another objective of the course is to consider the policy implications of procedural law. Law school classes tend to distinguish the "substantive" law from the "procedure" by which the law is adjudicated, but the two are intertwined. In fact, substantive law can be thwarted by such mundane procedural doctrines as the specificity required in a complaint. Accordingly, the course will introduce students to analytical methods to assess the impact of procedures on the substantive aims of the law. Topics covered in the course include pleading, motion practice, discovery, summary judgment, trial, settlement theory and practice, alternative dispute resolution, arbitration, joinder, judgments, and appellate review.
 
Course Concentrations:
Litigation & Dispute Resolution (Concentration) More information
Social Justice & Public Interest (Area of Focus) More information
Social Justice & Public Interest (Concentration) More information

An analysis of the state and federal class action rule and recent case law and trends. .
 
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 two-credit course/seminar examines cutting-edge issues relating to the regulation of climate change. We will approach climate change from an international, national and local perspective. The course will begin with an overview of climate change and the various legal and policy tools that have been adopted or proposed to address climate change through mitigation and adaptation. Specific topics will reflect the interests of participants in the class and may include legal restrictions on land use in vulnerable areas; international climate change litigation; displacement and relocation of populations as a result of climate change; the intersection of human rights and climate change; environmental justice; sustainable investment in natural resources; food security; the built environment, infrastructure and the insurance industry. Law 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.
 

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:
The Business of Innovation, Law and Technology: BILT (Concentration) More information

The course is devised to help students who are contemplating doing business and exploring business opportunities cross-border throughout the Americas. The topics will include not only comparative law issues, but also, as applicable, socio-cultural dynamics and attitudes impacting basic business creation and operation. Furthermore, whenever necessary or helpful, there will be comparative references to other Common Law or Civil Law jurisdictions. The course will also provide an introduction to the regulation of Business Associations in Latin America from a Comparative perspective.

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.
 

This course focuses on the individual rights guaranteed by the First Amendment and Fourteenth Amendment of the United States Constitution. In particular, we will cover equal protection and substantive due process in the first half of the course, and the religion clauses and free speech clause in the second half. We will also examine methods of interpreting the Constitution.
 
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

The laws governing controlled substances are filled with policy disputes, complex legal issues, and rapid change on several fronts. There are questions about the constitutionality of Florida’s statutes, which differ from federal law and other states in important ways.

Drug convictions are a major factor in the high rate of incarceration in the United States. There are contradictory changes underway, with both liberal and conservative voices calling for lower mandatory minimum sentences and some states including Florida increasing the minimum sentences. There are particular contradictions between state and federal laws governing marijuana. This course will study significant legal and policy issues in depth.

Materials: casebook and supplement
 

After decades as a small and highly specialized field, copyright is now at the forefront of legal discussion. Both scholars and the general public discuss how to find the appropriate balance between authors' desires for full property protection and the public's need for ample access to intellectual work product. People wonder what to do to "get" copyright protection their paintings, mash-ups, and computer programs; how long their protection lasts; and whether they can change their minds about a bad decision to transfer their copyright interests. They wonder what it takes to be deemed a copyright infringer, particularly as they download music, and if there are any defenses on which they can rely. This course will address the legal protection provided under the Copyright Act of 1976 (and subsequent amendments) for artistic, musical and literary works (including computer programs). 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

This course focus considers the basic tax consequences of transactions involving corporations and shareholders. Topics covered include the formation, operation and liquidation of corporations; the treatment of distributions; the disposition of corporate businesses by asset or stock sales; and corporate reorganizations. The course will appeal to students seeking an advanced course in taxation or who are interested in business law generally.
 
Course Concentrations:
The Business of Innovation, Law and Technology: BILT (Concentration) More information

This workshop is not for everyone. It is designed for the student willing to undergo the rigors of mock trials in an effort to master the tactics and strategies of the courtroom and the rules of evidence. The only proven method of learning trial skills is by doing them. Each student will conduct a voir dire, a jury argument, and an examination of witnesses. The only test is your ability to stand on your feet and think through a problem. The teacher has been a trial lawyer for 45 years and an adjunct professor for 40. Some aspects of this course may overlap with Litigation Skills I.
 
Course Concentrations:
Litigation & Dispute Resolution (Concentration) More information

TBD
 

This course is the adjudication or "bail to jail" component of criminal procedure. It is particularly geared towards students interested in practicing in the area of criminal law. Unlike Criminal Procedure, which looks at police investigation and the Fourth and Fifth Amendments, this course covers what happens after the arrest is made. We will be reading primarily U.S. Supreme Court decisions that focus on the Fifth, Sixth, and Eighth Amendments. Topics include: charging, right to counsel, grand juries and preliminary hearings, discovery, plea bargaining, the right to jury trial, double jeopardy, sentencing, and appellate review. We will supplement the textbook with jury instructions and articles (both academic and non). A guest speaker will be invited, and since it is possible that he/she will only be able to attend during lunch, students will be required to attend that lunch. A documentary film will be shown outside of class, and attendance is required. Since this course is designed to prepare students for careers as prosecutors or defense attorneys, it will have a substantial practical component. Students will be required to attend a court hearing at the Miami-Dade County Courthouse or the C. Clyde Atkins United States Courthouse and write a short reflection piece about what they observed. Students will also be required to write and argue three motions, one from the prosecutor's perspective, the second from the defense's perspective, and the third is your choice. For example, students will be given a set of facts and asked to argue whether there has been a discovery violation. Both the oral presentation and the written motion will be graded. Students will also be asked to do an oral argument on reasonable doubt. Required presence outside of class: 1. Students will be required to attend the documentary film; 2. Students may be required to attend a lunch with an outside speaker; 3. Students will be required to attend a court hearing in the Miami-Dade County Courthouse or the C. Clyde Atkins United States Courthouse; 4. Depending on the number of students in the class, it may be impossible to do all of the oral motions during class time. Additional class time will be reserved on four Fridays (dates to be determined). Students will be required to sign up in advance for a fifteen-minute block in which they will argue their motion. They do not need to stay longer than it takes to argue their motion.
 
Course Concentrations:
Litigation & Dispute Resolution (Concentration) More information

Every major public action, renovation or construction project requires a team effort between community leaders, agency representatives, elected officials, and members of the public. It involves numerous community meetings, workshops, council meetings, interagency meetings, all involving people of competing interests. Running a meeting is an exercise in democracy, requiring skill and understanding of the law, the circumstances, the people involved, and what’s at stake, as well as the ability to diplomatically guide them through the shoals. On the broader scope, it provides lawyers working on an international stage the opportunity to understand how multicultural interests and dynamics can either support or undermine common efforts. This course utilizes basic dispute resolution concepts as applied in multiparty discussions. It is an introduction to how to move a project from proposal to approval through a maze of governmental agencies and committees. Skills include understanding the multiple layers of conflict and how to systematically work through them to achieve accord. Course activities include observation of actual governmental meetings. It includes instruction on how to guide group discussion in a productive and meaningful way. The course is highly interactive.
 

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. In addition to providing a foundation for affordable housing development advocacy, the course will touch on the specific transactional components (real estate, tax, corporate) of how an affordable housing deal is structured. Students interested in learning the transactional side of an affordable housing development project as well as those interested in affordable housing policy/advocacy work should consider this course. This course is a prerequisite to Affordable Housing II and Practicum.
 
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).
 

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 of five major industries present in every Latin America country, regardless of different political and economic approaches, levels of development and social and educational contexts. The five major industries are: Banking, Cable & Satellite Television, Aviation, Oil & Gas and Automobile & Auto Parts Manufacturing. 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. Please note this is a compressed course that meets 9/12-11/21
http://www.law.miami.edu/faculty/hern%C3%A1n-didier-pantale%C3%B3n 

This course will provide students with an overview on the drafting of complex arbitration clauses in an international context and has important practical applications. Large multi-national corporations and the international business community as a whole are turning with increasing frequency towards international arbitration to resolve their cross-border disputes. The international arbitration process often begins long before a dispute ever arises – with the parties’ decision to include an arbitration provision into their contract. This first strategic decision by the parties as to the resolution of potential future disputes is crucial. Parties should take control of the arbitration provision when drafting agreements, as carelessly-worded clauses drafted at the eleventh hour of the contractual negotiations will lead to lengthy and costly delays in the adjudication of the parties’ rights and obligations. This is an intensive course designed for students who are generally interested in international business transactions and would like to deepen their knowledge of international arbitration – the most frequently used method of international dispute resolution, as well as for students who intend to specialize in the field of international arbitration. Students will learn to read, draft and negotiate arbitration clauses for complex international agreements, and advise clients accordingly. One of the objectives of this course is to enable students to anticipate and recognize issues in the formation and enforcement of arbitration agreements that are typical or particularly prevalent in complex international business transactions, and to develop important approaches to minimizing the risks associated with them. It is the goal of this course to better prepare students to meet the demands of the global business community.

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.
 

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:
Litigation & Dispute Resolution (Concentration) More information

There are approximately 96,000 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 seek new and innovative ways to achieve impact. Private foundations face a myriad of challenges and opportunities as they seek to achieve maximum beneficial impact. This course will examine the role of private foundations in effecting social change, the tools they have available, the limitations on their activities, 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 that are being formed, known as benefit organizations and L3C organizations 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. Students will be expected to participate in class room discussion, simulations and exercises based on hypothetical situations taken from real life cases. There may be panel discussions with other experts if available. The exam will be a paper addressing a hypothetical situation or an 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:
Social Justice & Public Interest (Area of Focus) More information
Social Justice & Public Interest (Concentration) More information

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 affirmative action and the awarding of attorney's fees.
 
Course Concentrations:
Social Justice & Public Interest (Area of Focus) More information
Social Justice & Public Interest (Concentration) More information

This course will introduce students to a range of legal and practical issues they will encounter as media and entertainment professionals grappling with the evolving technological landscape. Although the course will delve deeply into legal principles and theories, it will also review “ripped from the headlines” developments during the course of the class to allow students to apply these principles to this rapidly evolving area of the law. Course Objectives: Upon successful completion, students will be able to: Understand current business models and legal parameters in the media and entertainment industry. Understand new media platforms and technological advances that are challenging those models and parameters. Analyze recent court decisions to see how the judiciary is struggling to apply historical copyright and other standards to the modern age. Become familiar with related legal concepts affected by new media, such as privacy, freedom of expression and security. Understand the direction of the FCC and other regulators regarding the internet and how they are impacting the industry.

Attendance Policy - Due to the small number of meetings, attendance to all meetings/classes for compressed courses is mandatory. Students who miss more than one class session (80 minute) of a 1-credit compressed course are subject to administrative withdrawal and will have a W for the course on their transcripts.
 

The course will cover the legal aspects of the entertainment business in Latin America,
including aspects to production, licensing and distribution, oriented to attorneys willing to
practice in the field of entertainment for networks or production companies with Latin
American businesses. Forms of contracts will be brought to analysis, including the
discussion of generally accepted clauses based on real cases both taken from practice and
courts of law. The course is aimed to provide students with basic knowledge to understand
and develop a practice in Entertainment law in Latin America.
The course will cover from the acquisition of rights over an original idea to the final
distribution and monetization of audiovisual materials, with the analysis of:

Formats: License Agreements between the creator of the format and the acquiring network
or production company, for both scripted and non-scripted shows; intellectual property
registrations and recordings under Latin American laws and the concept of “moral rights”
vs “copyright”.

Development and Production: Development Agreement for pilots, Production and
Coproduction Agreements for shows, series and live shows.
Directors, actors, writers and composers.

Unions and guilds: Service Agreements for directors, writers, composers and talents, with special emphasis in the protection of IP
rights (“assignment of rights” vs. “work-made-for-hire”; the right to “credit”). Unions and
guilds regulations and requirements for the protection of talents, writers and musicians’
rights. Limitations on term, media and territory.

Right and Clearances: Releases for the use of image, name and likeness, footage and
locations, and other forms of “assignment of rights” from IP holders such as talents, dubbing
actors, art and set designers, make up artists, hair dressers and others.

Music, scores: Synchronization, mechanical and public performance rights, performing
rights and neighboring rights, with focus on the Performing Right Societies: digital
distribution, streaming, downloading and music platforms.

Distribution. Digital Rights, New Media Distribution: Content Distribution Agreements,
Affiliates Agreements, Customization and Voice Dubbing Agreements for the development
of “language” markets (Portuguese, Spanish and Neutral Spanish); ads sales, product
integration/product placement and merchandizing, ancillary business, Home Video and
OTT distribution (VOD, AVOD, SVOD) and mobile devices.

Attendance Policy - Due to the small number of meetings, attendance to all meetings/classes for compressed courses is mandatory. Students who miss more than one class session (80 minute) of a 1-credit compressed course are subject to administrative withdrawal and will have a W for the course on their transcripts.
 

This course will introduce students to the entertainment industry as a business, and how that business informs legal decisions. We will focus upon understanding various entertainment enterprises, and how their contracts integrate with their operations and finance departments, with an emphasis on preparing students to practice law in the entertainment industry.

Attendance Policy - Due to the small number of meetings, attendance to all meetings/classes for compressed courses is mandatory. Students who miss more than one class session of a 1-credit compressed course are subject to administrative withdrawal and will have a W for the course on their transcripts.
 

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.
 
Course Concentrations:
Social Justice & Public Interest (Concentration) More information

tba
 

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 and 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 a 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. The primary method of evaluation will be a timed comprehensive closed book exam. Students will also complete 1-2 multiple choice quizzes during the course.
 
Course Concentrations:
Litigation & Dispute Resolution (Concentration) More information

The Miami Law Externship Program provides second-year (2L) and third-year (3L) students, in good standing, an opportunity to gain practical legal experience by working with local, national, and international corporations (in-house legal departments or general counsel's office), government agencies, public interest organizations and the judiciary for academic credit. Students gain substantive legal experience by working under the supervision of lawyers, which is supplemented and enhanced by a corresponding academic course. Please note that law firms, of any size, including solo practitioners, do not qualify as an externship field placement for the Externship Program. The Externship Program encompasses the required field work hours at an approved externship placement AND the successful completion of an academic class to earn 3 academic credits. Externs must complete a minimum of 135 field work hours at an approved externship placement. There is no other credit amount associated with this academic program. To be enrolled for this this course, a student must first submit a complete Spring 2019 Student-Agency Agreement to the CDO, for an approved externship field placement, by Tuesday, January 29, 2019. The Student-Agency Agreement memorializes the externship relationship between the externship field placement, the student and the law school. The receipt of this Agreement is what triggers a student’s enrollment in the Miami Law Externship Program and its course. Upon receiving and processing a complete Student-Agency Agreement, the student will receive enrollment instructions from the CDO, by email, which will allow the student to finalize his/her registration on CaneLink. This Agreement will be available in early October 2018 at the CDO and on the Externship Program Website:
https://www.law.miami.edu/iml/careers/miami-law-cdo-externship-program 
Course Concentrations:
Litigation & Dispute Resolution (Concentration) More information

The Miami Law Externship Program provides second-year (2L) and third-year (3L) students an opportunity to gain practical legal experience by working with local, national, and international corporations (in-house legal departments or general counsel's office), government agencies, public interest organizations and the judiciary for academic credit. Students gain substantive legal experience by working under the supervision of lawyers, which is supplemented and enhanced by a corresponding academic course. Please note that law firms, of any size, including solo practitioners, do not qualify as an externship placement for the Externship Program. The Externship Program encompasses the required field work hours at an approved externship placement AND the successful completion of an academic course to earn 3 academic credits. You may not earn more or less credits than the 3 academic credits associated with this academic program. Externs must complete a minimum of 120 field work hours at an approved externship placement. The Externship Program substantive lectures will be held on Tuesdays or Thursdays from 5:30 pm – 7:20 pm EST on the Miami Law campus, unless otherwise stated. The first day this class will meet is Thursday, August 24, 2017. Each extern will be assigned to a specific track: corporate/compliance, judicial or public sector prior to/on the first day of this course. To complete your enrollment for this course, you must first submit the Fall 2017 Student-Agency Agreement to the CDO by Tuesday, August 22, 2017.The Student-Agency Agreement memorializes the externship relationship between the externship placement, the student and the law school. The receipt of this Agreement is what triggers your enrollment into the Miami Law Externship Program and its course. Upon receiving and processing a complete Student-Agency Agreement, you will be provided (by e-mail) an unique pin number, generated by the registrar office, that will allow you to finalize your enrollment for the Externship Program Course on CaneLink. This Agreement is available from the CDO.
 

The Externship Program encompasses the required field work hours at an approved externship placement AND the successful completion of an academic course. Externs must complete a minimum of 200 field work hours at an approved externship placement. All enrolled students must attend a mandatory orientation on Monday, May 15, 2017 from 12:30 pm – 3:30 pm in E265. Lunch will be provided. All externs, no mater the geographic location of their externship placement, must attend the mandatory orientation. There will also be two additional required lectures on June 14, 2017 and July 12, 2017 from 5:30 pm – 7:30 pm in E265. Externs working in the South Florida area (Miami, Fort Lauderdale and West Palm Beach) will be required to attend these lectures in person. Externs working outside of South Florida will be asked to have the technology available to participate in the live lectures remotely. Additional information will be provided during the mandatory orientation.
 

TBD
 

This course is a study of the state regulation of intimate relationships. We will investigate what does and does not qualify as a “family” under the law and the legal and social consequences of that designation. As we examine the laws regarding marriage, the dissolution of marriage, marital property rights, and the care and guardianship of children, we will consider how they have been informed by expectations regarding gender, race, and class. We will look closely at the ordering of rights and responsibilities in marital and parental relationships, as well as how and when they can be altered or terminated. This course will emphasize the constitutional dimensions of privacy and how the right to privacy is alternately respected and ignored in varying family law scenarios.
 
Course Concentrations:
Immigration, Asylum, and Citizenship Law Area of Focus (Area of Focus) More information

TBD
 
Course Concentrations:
Litigation & Dispute Resolution (Concentration) More information
Social Justice & Public Interest (Concentration) More information