Most laws that Congress passes require implementation. Very often implementation is via a federal agency. As a result, 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, adjudicates more cases every year than all the state and federal courts combined. 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. Always lurking is the question of how we reconcile our dependence on an unelected, expert bureaucracy with our commitments to a government that is democratically accountable and legitimate.

Administrative Law is vitally important for anyone contemplating a practice that might involve federal regulations in any way. It is 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 it is also relevant to almost every other area of practice. Administrative Law is both important and timely: It empowered and also very frequently blocked the ability of the Trump administration to enact its policy choices; more recently, a significant part of the early Biden agenda has been to modify or rescind various Trump administration regulations - a process that takes place within a set of constraints imposed by Administrative Law.
 
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
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 is a three-credit course organized as an independent paper aggregation (IPA). Students will write papers of sufficient length, necessarily involving substantial research and revision, to count toward the Law School’s writing requirement. Paper topics will address questions of current interest associated with Administrative and Public Law. Initial course meetings will explore fundamental issues in Administrative and Public Law. This course is not a survey of Administrative and Public Law generally. It does not suppose students have already taken Administrative Law and it is designed not to bar students from taking the Administrative Law course subsequently. Rather, it is an opportunity for deep engagement with pressing issues involving Administrative and Public Law, before the courts, Congress, and administrative agencies.

The class will meet regularly for the first quarter of the semester, followed by individual or group meetings to help guide your research and writing, and concluding with in-class presentations at the end of the semester.
 

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 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
Social Justice & Public Interest (Area of Focus) More information
Social Justice & Public Interest (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. 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. Enrollment is still possible if you are not an International Arbitration Joint J.D./LL.M. or International Arbitration LL.M. student but by permission only. For permission, please contact Arlene Buchanan at abuchanan@law.miami.edu . 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

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.
 

Provides a broad, historical overview of the legal systems of both ancient Greece and Rome. The focus of the course falls upon articulating the chief attributes of two very different legal frameworks from the ancient Mediterranean world: Greek law was primarily ‘procedural’ in nature, that is, concentrated above all on questions of process, jurisdiction, and the like, whereas Roman law was ‘substantive,’ considering inter alia rights, obligations, and offenses. In considering these differences, the course treats some of the most famous figures in the ancient canon—including Lysias, Demosthenes, and Cicero—as well as a range of legal topics from criminal law to family law, contracts, and delicts.
 

Antitrust is concerned with how firms compete in the marketplace. Our antitrust laws are incredibly broad in scope. They apply across a huge swath of the economy—antitrust cases have involved everything from Silicon Valley tech giants to local retailers, the legal profession, amateur sports, hospitals and healthcare providers, franchise restaurant employees, and much, much more. Given its broad scope, the study of antitrust allows us to better understand how modern political economies function and why businesses (large and small) behave the way they do. This course covers the three primary areas of modern antitrust enforcement: restraints of trade, monopolization, and anticompetitive mergers and acquisitions.
 
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

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 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 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 recommended for the following courses: Fall Semester: Advanced Oral Advocacy in International Arbitration; Advanced Topics in Arbitration: Theory; Drafting Complex Arbitration Clauses; Federal Arbitration Act; Forensics of Advocacy in International Arbitration I; International Arbitration in Latin America & the Caribbean; International Arbitration LL.M. Practicum I & II; International Commercial Arbitration Seminar: A United States Perspective; The Law of International Treaties. Spring Semester: Advanced Topics in Arbitration: Publication; Forensics of Advocacy in International Arbitration II; International Arbitration and the New York Convention; International Arbitration LL.M. Practicum I & II; International Investment Agreements; International Law of State Responsibility; Investment Arbitration; 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 examines the legal foundations, structuring, and governance of condominiums, homeowners associations, residential communities and mixed use projects. Examination of the Florida Condominium Act and the Homeowners Association Act will be undertaken with the goal of gaining familiarity operating within the framework created by such statutes, examining Developer rights and liabilities, sales and disclosure requirements, management issues, warranties, and related management and operational matters with a focus on hands-on problem-solving related to such projects. Participants will also analyze and draft project-specific community structuring documents. Although the course will focus on Florida law, the concepts covered in the course have broader application to similar condominium and planned land development laws in many state statutes.
 

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.
 

The aim of the course is to approach pretrial litigation as a process and not a series of unconnected events. Strategic thinking is as important as mechanical skills. While the course rehearses the range of discreet pretrial skills through in class and drafting exercises (client and third party interviews, depositions, pleading drafting, negotiations, motion argument), the focus is on the strategic aspect of the pretrial 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.
 

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 will examine the regulatory and compliance obligations of financial professionals that deal in securities and provide investment advice. After an overview of the securities markets, trading platforms and exchanges, we will focus on the regulation of brokerage firms and brokers, and cover how firms are created and subsequently regulated by the SEC and the Financial Industry Regulatory Authority (FINRA). The course will examine topics such as the different standards of conduct governing brokers and investment advisers, managing conflicts of interest, compliance and supervision (including financial crimes compliance and cybersecurity), and rules governing communications. We will also examine federal, state and FINRA regulation and enforcement over financial firms, and private actions. The course will include guest lectures from regulators, prominent in-house counsel and practitioners. Although the primary focus of the course will be on broker-dealer regulation under the Securities Exchange Act of 1934, will also cover the role and regulation of registered investment advisers under the Investment Advisers Act of 1940.
 
Course Concentrations:
Business Compliance and Sustainability (Area of Focus) More information
Business Compliance and Sustainability (Concentration) More information

An introductory business associations class that provides a basis for advanced business classes. The class will analyze the legal aspects of business organizations (agency, partnership, limited liability companies and corporations). In Fall 2021 the class will be taught online, with a mixture of synchronous and asynchronous components.
 
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

An introductory business associations class that provides a basis for advanced business classes. The class will analyze the legal aspects of business organizations (agency, partnership, limited liability companies and corporations).The course will be scheduled to meet twice a week. The scheduled time will be split into 4 discussion groups (approximately 50 minutes in length). You will be assigned one of those four discussion groups as a required synchronous meeting. The rest of the course will be delivered asynchronously.
 
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 is an introduction to agency, partnerships, LLCs and corporations, with a principal focus on the powers, rights, duties and liabilities of corporate directors, officers and shareholders. Topics will include the formation and financing of corporations, internal structure, corporate governance, the allocation of power among the various participants in the enterprise, basic fiduciary law, shareholder voting, and control transactions. Partnership and LLC law will be addressed principally in comparison to corporate law. In addition to the state corporation laws of several jurisdictions - principally Delaware and Florida - the course will address selected federal securities law issues (such as proxy regulation) and the relationship between state and federal law regarding corporations, particularly in light of Sarbanes-Oxley requirements.
 
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 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 may 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

Please see link below.
http://www.law.miami.edu/academics/clinics/children-and-youth-law-clinic 
Course Concentrations:
Social Justice & Public Interest (Concentration) More information

Please visit:
https://www.law.miami.edu/academics/clinics 
Course Concentrations:
Litigation & Dispute Resolution (Concentration) 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.


If you have not met the prerequisites for this seminar, but you would like to be considered for admission - please contact Professor Porras as iporras@law.miami.edu - indicating the nature of our 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

TBD
 

This course will provide an introduction to the field of Comparative Law. In our increasingly inter-connected world, lawyers can easily find themselves at a busy “global village” intersection, working with clients whose problems may involve a transnational mix of laws, rules or norms. How does a lawyer trained in America decipher and manage issues that are tied in some way to other nations and legal systems in the Americas, Europe, Africa, Asia or the Middle East? For most of us, the answer will not be obvious. For that reason, a lawyer in training would do well to acquire the basic lessons that an introductory Comparative Law course provides. Generally speaking, the Comparative Law field studies similarities and differences among the varied legal systems and institutions used by nations around the world. In our class, we will use the legal system of the United States, which is derived primarily from English Common Law, as our main yardstick for comparative purposes. The most commonly studied legal systems include English Common Law, European Civil Law and Socialist Law, which have spread widely and can be found in many nations. But Comparative Law also studies other kinds of systems including, among others, those associated with religions, such as Islam, Christianity, Judaism, Hinduism and Buddhism, and those associated with distinct tribes, communities and indigenous peoples in the Americas and elsewhere. The field is large, so in our limited time we will be able to study only a portion of the history and a few of the structural features of some of those systems, and the nations and groups that use them. We will ask such questions as: Through what authority are laws, rules and norms made? How are they interpreted and enforced? How and to what extent do they shape behavior? Are such concepts as Legal Pluralism and Normative Pluralism useful in an age of globalization?
 

This course focuses on complex negotiations and lawyering skills relevant to navigating the new era of globalization. The course focuses on the legal, policy and skill issues to complex international negotiations, in the context of current events such as global debates over international investment and the new NAFTA. This customized course is based on case studies derived from international arbitration proceedings and negotiations related to high profile cross-border investments in diverse industry sectors. Relevant topics will include cross-border contractual models (privatization, concessions and project finance), the roles of investors, lenders and governments, and techniques related to complex negotiations and crisis management. This course takes a multi-faceted, interactive approach in developing crucial written and oral presentation skills by requiring students to engage the course materials through: (1) class participation, (2) acting as counsel during a negotiation; and (3) preparation of a memorandum as a final exam. Students will act in-role as counsel through these practical exercises through more than 50% of the course 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 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 surveys the most litigated clauses of the most litigated provisions of the U.S. Constitution: Section One of the Fourteenth Amendment, as judicially interpreted since the Slaughterhouse Cases of 1873. That first-ever, 5-4 interpretation of the still-fresh post-Civil War text effectively nullified the amendment’s Privileges or Immunities Clause. Since then, 150-plus years of continual judicial interpretation has produced overlapping doctrines and multi-tiered tests under the Equal Protection Clause and the Due Process Clause that, today, define the “fundamental rights” of equality and liberty in everyday life. Using problems, worksheets, exercises, and other study aids that complement the casebook, the course examines the (frequently split) opinions behind the doctrines and tests, with an emphasis on doctrinal synthesis, critical thinking, and legal analysis. To do so, the course opens with a textual-structural-historical overview of the Constitution that builds on the Constitutional I course, equipping students to examine specific opinions within the larger constitutional system or context that allows for them in the first place. Reflecting how this subject is tested in bar examinations nationwide, the course exposes students to every mode of assessment that graduates are likely to encounter in those licensing settings (e.g., from traditional and short-answer essays to multiple-choice questions).
 
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

Copyright is critical in today’s knowledge economy. It applies to paintings, movies, music, furniture design, maps, advertising copy, rock & roll, computer programs, dental procedure forms – and much more. There is virtually nothing to which copyright law is irrelevant – including the valuation of intellectual property assets in divorce. People realize this, but wonder what to do to "get" copyright protection; whether it’s okay to make a mash-up of prior artists’ works; how long their copyright 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 or make cosplay costumes or write fan fiction, and if there are any defenses on which they can rely. Copyright law also engages fundamental human conflicts: people who create things often say they want legal protection for their work, but also want to be able to use other people’s work, often preferably for free. Further complicating things is that sometimes they say that the legal rules have nothing to do with why they create. So copyright law makes us ask the question of what legal regime best promotes creativity. Both scholars and the general public discuss how to find the appropriate balance between authors' desires for property protection and the public's need for ample access to creative work products of all sorts. And everybody wonders how we’re supposed to define that balance. 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

Students will be confronted with pleadings, discovery, and other litigation and pre-litigation material through which they will be exposed to the practical intricacies of trademark litigation in Federal Court. The Course will be centered around a hypothetical case for trademark infringement in which students will review and discuss "real" pleadings, discovery requests and responses, and related material through which they will gain practical experience in prosecuting and defending a trademark infringement case. Required Texts. All required texts for the course will be distributed to students in advance of the commencement of the seminar, but all students should bring with them to class a copy of the Federal Rules of Civil Procedure.
 
Course Concentrations: