Most laws that Congress passes require implementation. For a very wide variety of areas the instrument of that implementation is 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, decides 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, Immigration, Labor, Housing, or Land Use, but it is also relevant to almost every other area of practice. For the 2018 edition of this class, we will also consider the ways in which administrative law has empowered and -- so far -- more frequently blocked the ability of the Trump administration to enact its policy choices
 
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

Advanced workshop in legal writing and oral argument for students competing in state and national moot court competitions. Through a series of moot court problems, as well as practice arguments for the different competitions, students gain a solid understanding of the appellate process and the intricacies of appellate advocacy. The class is rigorous but very worthwhile. Students receive individualized feedback with the goal of sharpening their communicative skills. Familiarity with the Florida Rules of Appellate Procedure is recommended. A substantial amount of class participation is involved in this workshop.
 
Course Concentrations:
Litigation & Dispute Resolution (Concentration) More information

This seminar is open to J.D. and LL.M. students. It is intended for students who have already studied international arbitration and are ready to confront the challenge of writing a paper of publishable quality. Any student wishing to participate must apply and be individually admitted on the basis of a specific proposal for the paper.

The priority deadline to submit paper proposals for consideration is Monday, October 29, 2018. Proposals should be no longer than a page and must be submitted as .pdf documents via email to Administrative Assistant Elina Escarda at exe234@law.miami.edu. Later submissions may be considered in exceptional circumstances.
 

TBD. No class on Friday, January 18th or Friday, February 15th.
 

This seminar will address issues concerning business immigration law, asylum, citizenship, and removal proceedings in substantial depth. The class will focus on grounds of inadmissibility, waivers and defenses to deportation and removal. It will also focus on non-immigrant business visas such as H-lb, E, L, P, and 0 visas. It will focus on employment based permanent residency such as EB-1, national interest waivers, labor certifications and investors. On family based permanent residency we will focus on such topics as priority dates, abandonment of residency, rescission, adjustment of status, and immigrant visa processing. On issues concerning asylum we will address questions concerning the definition of persecution, social group, credibility, and special acts of Congress such as the Cuban Refugee Adjustment Act. The discussion on citizenship will address issues concerning the Child Citizenship Act, loss of nationality, dual citizenship and revocation of naturalization. Removal proceeding will also address closed hearings, mandatory detention and issues related to terrorism and foreign policy.
 
Course Concentrations:
Immigration, Asylum, and Citizenship Law Area of Focus (Area of Focus) More information

This course will explore current developments in trademark and advertising law, primarily through recent federal court decisions under the Lanham Act. Course work includes in-depth treatment of complex areas of practice such as right of publicity and invasion of privacy, trademark issues in contextual advertising. litigation strategies, and recent legal developments in the field of trademark law.
 
Course Concentrations:
The Business of Innovation, Law and Technology: BILT (Concentration) More information

This course builds on “Introduction to Affordable Housing,” and provides a deeper 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 the classroom component, students will work on a variety of documents which are part of an actual affordable housing transaction, and will have an opportunity to meet clients, attend public hearings, and nurture a further understanding of the affordable housing arena. For the classroom component the class will meet once a week for eight weeks throughout the semester, and for the practicum the students will complete 40-50 hours of client related work, most of which will take place at the offices of Legal Services of Greater Miami. (2 credits, of which 1 credit satisfies a skills requirement)
 
Course Concentrations:
Social Justice & Public Interest (Area of Focus) More information
Social Justice & Public Interest (Concentration) More information

Antitrust law refers to a handful of statutes that collectively regulate business competition. As a general matter, these laws prohibit restraints of trade, acts of monopolization, and mergers or acquisitions that threaten to reduce competition. These concepts are unfamiliar to most law students, but every business lawyer must be at least generally conversant with them. Antitrust awareness has become increasingly important in the last ten to fifteen years. One reason is that criminal penalties, including incarceration, have escalated dramatically. Another is that multi-national companies must now reckon with a more aggressive view of competition law enforcement in Europe. A third reason is that a hi-tech world must increasingly rely on Intellectual Property protections that seem, at least facially, in conflict with antitrust law. Finally, it is now recognized that antitrust poses a significant threat to professional sports leagues. This course will explore the core concepts of antitrust in depth, and will at least introduce some of the more advanced concepts.
 
Course Concentrations:
The Business of Innovation, Law and Technology: BILT (Concentration) More information

As arbitration institutions and their caseloads have proliferated in recent decades, they have faced increasing scrutiny by users, experts, and the public into the way in which they manage and finance themselves, administer proceedings, institute reforms, maintain independence and impartiality, and address conflicts of interest. This course explores these broad issues and analyzes the role and functions of arbitration institutions through the lens of the wider debate on the legitimacy of arbitration. Additional topics covered include: the relationship among arbitration institutions as competitive and/or cooperative; regulating the conduct of arbitration institution board members and staff; the role of management, tribunal secretaries, and staff in screening arbitration requests and drafting awards; tackling issues of increasing delays and increasing costs; ensuring diversity and inclusiveness in the selection of arbitrators; dealing with arbitrator challenges; regulating the conduct of arbitrators and counsel; and handling confidentiality and transparency issues. The course will also examine the extent to which arbitration institutions and their staff should enjoy immunity from liability, and whether permanent courts—such as an international investment court—should replace arbitration in the investment field.


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 explores the Bankruptcy Code's critical role in a credit economy. We will examine this role in a wide array of scenarios, ranging from personal bankruptcies to the failures of large multinational corporations. The course is taught exclusively from problems that are designed to explore the social and economic implications of credit default and forgiveness. Through the problem-based approach, students will explore the Bankruptcy Code with a focus on the transactional and policy implications inherent in bankruptcy law. The course provides some commercial background for these problems. Thus, previous courses in Commercial Law may be beneficial but are not required.
 
Course Concentrations:
The Business of Innovation, Law and Technology: BILT (Concentration) More information

he 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/academics/clinics/bankruptcy-assistance-clinic 

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

Tax, corporate, financial, securities and accounting issues in planning for he unincorporated or incorporated business enterprise. The emphasis is on planning the context of the legal, tax and business considerations that apply to the transactions considered. Specific problems considered include:
a) choice of entity for a new business,;
b) financing business when it outgrows it founders, with either (i) private or (ii) pubic funds;
c) withdrawal of owners when when business disputes threaten the business; including Solomon-like splitting the business enterprise business whether formed as
(i) a corporation or
(ii) a partnership or other unincorporated enterprise;:
d) (i) selling or merging the mature corpora business enterprise incorporated business enterprise ; or
(ii) taking it private by a tender offer or otherwise.

Students (individually or in groups) prepare written solutions to specific factual problems that form the basis of class discussion. The students revise their solutions in light of the class discussion and written comments by the professor as their final papers.
 
Course Concentrations:
The Business of Innovation, Law and Technology: BILT (Concentration) More information

Please see link below. http://www.law.miami.edu/clinics/?op=0
 

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

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, power generation, ship-building, off-shore oil and gas development and fisheries. These same shore-lines 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 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.
 

The form and function of negotiable instruments (promissory notes, checks and drafts) under Article 3 of the Uniform Commercial Code; the system of bank collection of negotiable instruments under Article 4 of the UCC and federal reserve regulations; the modern payment media, including consumer electronic fund transfers under the EFTA and commercial wire transfers under Article 4A of the UCC. Consideration will be given to certain innovations enacted by the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010, including amendments to Regulation J of the Federal Reserve, governing the check clearing system; and clearinghouse requirements for swap transactions.
 
Course Concentrations:
The Business of Innovation, Law and Technology: BILT (Concentration) More information

The study of secured transactions under Article 9 of the Uniform Commercial Code; the use of letters of credit, both as a security device and a method of payment under Article 5 of the UCC and under the Uniform Customs and Practice for Documentary Credits; and, selected topics on documents of title and sale of goods, and investment property under Article 8 of the Uniform Commercial Code.
 
Course Concentrations:
The Business of Innovation, Law and Technology: BILT (Concentration) More information

The course will focus on the diversity of Criminal Justice systems and on the aims and methodology of their comparative analysis. We will examine recent trends in major Criminal Justice systems and explore the process of harmonization of Criminal Law and Procedure at the International level. Topics will include the analysis of general principles such as legality and culpability, as well as a focus on specific areas of criminality such as crimes against the person, sex offenses and organized crime. The analysis of substantive law will always be connected with its enforcement, making reference to prosecutorial discretion and to the models of procedure (adversarial/inquisitorial) adopted in various legal systems

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 is a seminar that will examine procedures used to resolve complex disputes in federal civil litigation. Topics will include class actions, multidistrict litigation, bankruptcy, and structural injunctions, among other things. Students are expected to propose, present, and draft a paper concerning a topic within the umbrella of complex federal litigation.
 

How can complex international commercial issues be resolved through negotiations? This course focuses on the legal, policy and skill issues to complex international negotiations. 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 by: 1) acting as counsel during a mock negotiation for parties entering into a cross-border deal; 2) daily class participation; and 3) writing a focused client memorandum in place of a final exam. Students will act in-role as counsel through these practical exercises through more than 50% of the course. The course may include outside guest speakers who are highly experienced individuals in complex negotiations participating in person or by videoconference.


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

Legal rights and duties often depend on questions of choice of law, choice of forum, enforcement of foreign judgments, and related matters. Familiarity with appropriate analysis and responses is increasingly relevant to the successful practice of law in an interstate and international setting. This course examines constitutional structures, jurisdictional parameters, choice of law rules, and enforcement of judgment norms applicable in civil cases where operative facts in a case are connected with a state or country other than the one in which suit is brought, including the presence or absence of persons within or outside that state.
 
Course Concentrations:
Litigation & Dispute Resolution (Concentration) More information

The geographical focus of this Spring 2019 course will be Valle de Cauca Department, in southwestern Colombia and is organized in collaboration with the Law Program at the Pontíficia Universidad Javeriana (PUJ) in Cali. Seminars, discussions, and field trips will examine the strategic development of Colombian ports (particularly the Colombia´s principal Pacific port of Buenaventura); port structure, management, and institutionality; and environmental and social issues related to port development and expansion. The course will also use the Uramba Bahía Málaga National Natural Park (Parque Nacional Natural Uramba Bahía Málaga) as a case study to examine park management and conflict resolution. Course participants will also examine the Colombian Peace Accords and their environmental implications. The course will meet weekly throughout the semester in Miami to discuss background readings and develop research field projects that participants will carry out during a Spring Break trip to various course travel sites in Valle de Cauca Department, Colombia. Upon return to the University of Miami, the class will prepare manuscripts and presentations based on the field data that course participants have collected during the trip.

Course Meetings – Wednesday evenings throughout the Spring Semester from 6:30 to 8:50 p.m. on the Coral Gables Campus.

Travel Dates – Spring Break, March 2019

Comprehensive Course Fee – approximately $500 (exact amount will be determined in the Fall 2018). The fee includes room and board in Cali, Colombia; transportation for local field trips; park entry fees, and course materials.

Student Expenses – Students are responsable for arranging their travel from Miami to Cali, Colombia.
 

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

This course is an intensive study of the various aspects of construction law, including construction contracting, claims and litigation. The course considers the rights and duties of developers, contractors, subcontractors, design professionals, bonding companies and lenders. It emphasizes pitfalls to avoid in construction contracting, the bidding process, government work, construction scheduling and delays, warranties, arbitration or litigation, damages, remedies, waivers and defenses.
 

Consumer Deception is big business. According to the Office of The Florida Attorney General, its Consumer Protection Division resolved over 550 consumer protection investigations in the last four years, and generated over $10 billion in consumer recoveries in Florida, alone. Consumer Protection Laws are intended to prevent consumer injury in commercial transactions. This short course is designed to be an introduction to the vast field of consumer protection law and regulation in the United States. The course will provide the student with basic knowledge regarding: (1) federal and state consumer protection laws; (2) government enforcement actions; and (3) private rights of action. Students will learn the policy behind these laws, their enforcement and their limits. The course will utilize statutory text, legislative history, case law, and practical materials gathered from enforcement agencies such as the Bureau of Consumer Protection of the Federal Trade Commission (FTC) and the Consumer Protection Division of the Florida Office of the Attorney General. The course will focus on recent topical cases and investigations that Students can relate to in order to illustrate how the law is interpreted and enforced. Examples include: JDI Dating, Limited (internet dating service used virtual (fake) “cupids” to communicate with prospective purchasers to deceive them into buying the dating service); AT&T Mobility (national cellular phone service provider charged with engaging in deceptive acts or practices in the advertising and sale of “unlimited” mobile data plans); and Norm Thompson Outfitters, Inc. (clothing marketer engaged in deceptive acts or practices, and the making of false advertisements, in the promotion and sale of garments containing caffeine and other ingredients impregnated in the fabric that it claimed would help people lose weight and take 2” off one’s hips, and 1” off one’s thighs. At the conclusion of the course, a student should be able to recognize consumer protection issues, draft a consumer protection complaint and be able to advise a client on how to avoid consumer protection problems.

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.
 

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.

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.
 

There has been a real shift in clients’ demands upon lawyers and their skill set. The best clients – multinational corporations, household name brands – require lawyers who understand their businesses. Legal skills, no matter how expert they are, are no longer considered enough. Whilst newly qualified lawyers will not be expected to be experts in business as well as law, they do need to understand how the world of business operates and acquire skills that will make them more relevant to their clients. Major international law firms now put in place extensive early stage training for new entrants to quickly up skill them in business knowledge and abilities that are relevant to first year lawyers and beyond. This program is built upon that training in order to prepare JD students for their entry into the profession. Clients often express their needs like this – “If you don’t understand my business, you cannot give me the right legal advice”. The purpose of this course is to provide students with a competitive edge – an understanding of business issues as they affect typical law firm clients. To be successful, lawyers need to present confidently and be able to use influencing skills to persuade others to their point of view. There is now a considerable body of academic research which examines areas such as personal impact, influencing skills, developing powerful and supportive business networks and how to best manage client interactions. An early ability to master these skills can improve the impression that young lawyers make with clients and with law firms. Areas covered by the course will include: - MBA Essentials for Lawyers – Business Strategy; Competitive Theories – how businesses win; Innovation; - What does this mean for law firms – how do they compete? - How do clients choose a lawyer? What criteria do they use and how do you match them? The importance of focus for young lawyers. - What clients want in service delivery – the view from the General Counsel - Building a powerful network of contacts and developing a personal brand (online and offline) - The science of influence – how to persuade others to your point of view - Personal impact – what do people think after they have met you. How could you change that, be more confident, competent and likeable.

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.
 

With the number of craft breweries and craft spirits producers now exceeding 6,000 and 1,800, respectively, craft alcohol beverage supply has quickly outstripped its “boutique” or “cottage” roots. These industries, together with the burgeoning hard cider market, operate within a complex regulatory framework of state and federal law. Many of the privileges available to craft suppliers have evolved as nuanced exceptions to the regulations and policy underlying the traditional alcohol beverage laws forged in the immediate aftermath of Prohibition. In a parallel universe, the federal prohibition of cannabis continues in spite of the fact thirty-one states, including Florida, have legalized cannabis for medical use, and nine states and the District of Columbia have now approved the legalization of cannabis for adult recreational use. Critical to the growth and business success of these industries are attorneys with interdisciplinary skills and a working knowledge of the regulatory landscape involving craft alcohol beverage products and the conflicted intra-state marketplace for cannabis. Traditional alcohol and cannabis regulation will be presented and discussed as a rubric for understanding the current regulation of the craft alcohol beverage and cannabis industries. This course will explore these concepts from both the vantage point of the operators of these businesses, as well as from the perspective of investors in this robust period of incubation and growth for these industries. The goal of this course will be to enable critical issue spotting for attorneys at the periphery of these industries or to serve as a jumping off point for attorneys who wish to specialize in these substantive areas.

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.
 

How vigorously can a criminal defense attorney represent the interests of his client without "crossing the line?" When has a prosecutor become vindictive in his pursuit of a conviction? Is the judge just a referee who calls balls and strikes, or does the judge have a role in meting out justice? Studying actual cases and debating hypothetical scenarios, we will tackle the cutting edge issues that lawyers inevitably confront: the duty to disclose evidence favorable to the adversary, calling a witness the attorney does not believe, impeaching a witness the attorney knows is telling the truth, and getting paid, without getting indicted. In this advanced survey of the criminal process, we will reconcile the tension between tenacious advocacy and ethical (if not moral) constraints as we question the very premise of our justice system and the role of the attorney
 
Course Concentrations:
Litigation & Dispute Resolution (Concentration) More information

This seminar seeks to provide students with a grounding in four areas of enduring legal controversy related to Cuba and its unique relationship to the United States. First the course will compare Cuba's Spanish colonial legacy and its legal underpinnings with that of the English colonies, review the U.S. involvement with Cuba and the island's ensuing legal and economic developments prior to the 1959 Castro revolution. Second, it will examine the island's communist revolution and the subsequent U.S. embargo. Study of the latter will include the legal authorities for establishing U.S. foreign policy, the development of the Cuban embargo into this country's most comprehensive sanctions regime, the recent shift in the relationship between the two countries and its regulatory framework and an understanding of the practical operation and impact of the regulations. Third, the course will focus on Cuba's experience with human rights throughout its history, including debates on how these rights should be defined. Fourth, the course will explore how Cuba might transition from its current legal and economic model by considering the transition experiences in other countries as well as several proposals specific to Cuba. A brief overview will place these specific inquiries into a broader contexts of Latin America as well as the exercise of U.S. foreign policy throughout the world.

This course will also provide a brief introduction to multi-disciplinary perspectives to the study of law.

All class materials and instruction are in English; Spanish language ability and knowledge of Cuba, while helpful, are not prerequisites.
 

This course will provide students the opportunity to explore and walk through scenarios faced by practicing lawyers representing clients in the sports industry as they navigate the constructs and parameters that define the legal landscape of unionized, collectively bargained professional sports leagues. Students will also explore and experiment with negotiating strategies. Overall, the goal of the course is to expose students to skills and considerations in the practice of complex commercial law for clients who operate in the sports industry and, in particular, through discussing various current and recent sports law stories, how pressing or evolving issues manifest themselves in practice. The class will begin with a unit on the history of unions and collective bargaining in professional sports, the current landscape, and a discussion of the most recent CBA’s negotiated (in MLB and the NBA). From there, we will discuss labor issues (including efforts to establish unions on emerging sports fronts – e.g., NCAA football), dispute resolution in collectively bargained sports (including under drug policies – e.g., Biogenesis), IP issues (including, for example, the Redskins TM dispute, and developing privacy and other issues related to the growing reliance on data analytics in sports), and other topical matters (e.g., First Amendment, social media use by players, etc.) For each unit, practicing subject matter experts in the respective field will present and interact with students.

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.
 

Students will work for CCRI in one or more of three teams: Legislative and Tech Policy, Communications, and Fundraising. The projects will potentially include legislative drafting at both the state and federal level; legal research, amicus briefs and testimony on relevant legislation and significant cases; collaboration with tech industry leaders on anti-harassment policies; community outreach, victim support, and training programs for law enforcement and educational institutions; and fundraising efforts. Students must be enrolled in the Law, Policy, Technology course.
 
Course Concentrations:
The Business of Innovation, Law and Technology: BILT (Concentration) More information
Social Justice & Public Interest (Area of Focus) More information
Social Justice & Public Interest (Concentration) More information

This skills course will cover the lifetime of a transaction from the term sheet stage, through closing and beyond. The course will teach students how to construct an international legal transaction based on a commercial agreement, spot issues in the deal documents, negotiate with opposing counsel and prepare for closing. The class will familiarize the students with the building blocks of contracts and address issues that arise when drafting, reviewing and negotiating contracts in cross-border transactions. We plan to work with experienced attorneys from Miami law firms to enhance the practical skills experience.
 

As Florida has entered a new phase of death penalty litigation, this course will give students experience working on capital cases in the pretrial and trial process. Students will be assigned and supervised by the professor, and will work either in the Office of the Public Defender or with other highly qualified death penalty attorneys. Students will work with the designated attorneys in different aspects of case preparation including client and witness interviews, depositions, investigation, development of mitigation, motions practice, plea negotiations and court hearings. The time commitment will be an average of 10 hours per week in the placement assignment, as well as weekly contact with the professor. While Introduction to Death Penalty Litigation (a one credit course) is strongly recommended as a prerequisite, other coursework in the field or experience can suffice if approved by the professor.
 
Course Concentrations:
Social Justice & Public Interest (Area of Focus) More information
Social Justice & Public Interest (Concentration) More information

This survey course examines how federal disability discrimination law applies to university and graduate students, focusing on law students. What are the “essential elements” of a law school education? What constitutes a “fundamental alteration” of the law school’s mission? What makes an accommodation for a student’s disability “reasonable” or “unreasonable”? Comparing the competing demands placed on universities by discrimination law and tort law, we will discuss the extent to which the university must provide services that ameliorate the student’s disability. Finally, we will learn about defenses to disability discrimination claims, including when a disability constitutes a “direct threat.”

Short Course Attendance Policy Due to the small number of meetings, attendance to all meetings/classes for short courses is mandatory. Students who miss more than one class session (80 minute) of a 1-credit short course are subject to administrative withdrawal and will have a W for the course on their transcripts.
 
Course Concentrations:
The Business of Innovation, Law and Technology: BILT (Concentration) More information

The purpose of this course is to provide students with a practical view of the legal aspects of business transactions taking place in Latin America. Companies doing business or investing in Latin American jurisdictions need to be familiar with the issues that arise when activities cross borders, as well as understand the legal framework and the legal culture of the countries in which their clients operate. Understanding the differences in law in different jurisdictions, the culture in which the law is based and the thought processes of the local lawyers are key aspects in advising clients on Latin American transactions. The course will cover industries in Latin American countries such as television, banking, aviation, food franchising, hotels, telecommunications and technology, and others. 1) Selecting a topic of interest:. Students will select a question or problem of their choice from industries covered in the class in a specific Latin American country. 2) Assignment of a Mentor: Students will be matched with a mentor from the Miami in-house counsel community that has experience with the student’s topic of interest. The student will consult with the Mentor periodically throughout the semester in order to obtain real-life insight on the topic. 3) Analysis of the topic: Students will take an in-depth look at their chosen topic and country, and will analyze relevant legal issues, applicable legislation, aspects of business in the selected jurisdiction and the mechanisms for obtaining compliance approval to do business in Latin America or close a business deal in the country selected. 4) Presentation: Students will present a final project to the class.
 

This course is intended to introduce the student to issues commonly encountered in drafting and negotiating design and construction contracts, and provide the student with a basic understanding of how to address and resolve such matters. Particular emphasis will be placed on the standard documents published by the American Institute of Architects, but other industry forms and the use of manuscript contract documents will be discussed as appropriate. The course will expose the student to the many participants in the design and construction process and their respective functions, various forms of project delivery systems, compensation mechanisms, typical claims against design professionals and contractors, insurance, and bonds. The basis for class lectures and discussions generally will involve commercial building construction in the United States, but industrial projects and international contracts will be examined periodically to illustrate specific issues
 

This course examines the ways that the economy is embedded in social networks and broader social structures and the ways in which these networks and structures affect the behavior of economic actors and the performance of different economic organizations. Key concepts to be discussed include social capital, social class, power, and rational action and its unanticipated consequences. The last section of the course will be dedicated to the analysis of social and political institutions and the ways in which they affect prospects for economic development in Third World nations and for stability and growth in advanced economies.
 

The interdisciplinary field of law and emotion challenges the long-held belief that the legal system can and should operate on reason alone—and that emotion is the enemy of reason. Every field that studies decision-making, including psychology, neuroscience, and sociology, has concluded that emotion is part of the decision-making process. This course examines how law can reflect a more realistic, sophisticated understanding of emotions and their impact on legal actors, legal reasoning, and legal decision-making. For example, should judges exercise empathy or would that conflict with the rule of law? Should it matter whether defendants are remorseful, and if so, can law evaluate remorse? Should doctors be encouraged to apologize for mistakes in treatment? Is legal education too focused on deductive logic at the expense of the emotional and moral components of reasoning? On what grounds does evidence law exclude gruesome photos and allow excited utterances? What affects what jurors remember and which witnesses jurors trust? These are just a few examples of a larger point. Emotion pervades the law. We ought to learn how to evaluate it.
 

Most law school courses develop logic and language abilities. Research shows, however, that other skills, commonly referred to as "emotional intelligence," often play a greater role in professional success. These skills include cultivating self-awareness, managing emotions, getting motivated, recognizing emotions in others, and handling relationships.

This ground-breaking course serves as a counterweight to the traditional law school curriculum. Its goal is to prepare students to meet the challenges of life in the law and to interact effectively with colleagues, clients and adversaries. In particular, students will learn how to reduce stress, increase happiness, improve performance, and relate to others.

The course lays a foundation for life-long development of emotional intelligence. Class time will be devoted to topics such as mindfulness, cognitive therapy, and life design. Outside of class, students will continuously pursue life changing practices, including adherence to a contemplative routine, engagement in effective communication, and completion of a project utilizing emotional intelligence skills.

The course requires a commitment to regular and intensive daily work. The workload is heavier than many law school courses. Grades are based not on emotional aptitude but on time and energy expended.

Some seats in this class will be reserved for students from the wait list. These seats will be allocated by the instructor. Students wishing to be considered for these seats should submit a brief statement describing their reasons for taking the course to wblatt@law.miami.edu as soon as possible, and no later than November 16, 2018.
 

This class provides a survey of the law governing the employment relationship. On completion of this course, students will have acquired understanding of the basic sources of regulation of the employment relationship and the competing legal models for regulating the workplace. Students will also develop a deeper knowledge of the particular legal rules governing employee job security, mobility, privacy and voice, and the terms and conditions of employment. On completion of this course, students will also have developed skills in interpreting statutory and judicial texts and applying them to new factual contexts.

The primary emphasis is the legal rights of the individual employee. The materials will also offer a brief conceptual introduction to labor law and will occasionally touch on employment discrimination, but are not intended to provide comprehensive coverage of those areas of the law. Students interested in anti-discrimination law are encouraged to take Employment Discrimination Law. Students interested in unionized workplaces are encouraged to take Labor Law
 
Course Concentrations:
Immigration, Asylum, and Citizenship Law Area of Focus (Area of Focus) More information

The Environmental Justice 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 contexts of the built and natural environment. Our cases and projects span across the fields of civil rights (e.g., housing and transportation), environmental protection (e.g., biodiversity and wildlife, climate change, energy conservation and sustainability, food access, land use, and pollution), poverty law (e.g., community economic development and municipal equity), and public health (e.g., environmental health, such as exposure to hazardous substances and lack of access to healthcare). Clinic course work encompasses six areas of community-based advocacy, education, and research: (1) public interest law theory and practice; (2) lawyering process skills (e.g., interviewing, fact investigation, and counseling); (3) litigation and non-litigation advocacy strategies (e.g., community education, direct service, and law reform); (4) professional responsibility and professionalism; (5) substantive legal topics (e.g., poverty, environment, civil rights, public health, environmental justice, zoning, and government, constitution, and others); and (6) cultural and social history of race, class, and ethnicity in the United States and South Florida. Course requirements include classroom study (e.g., readings, memoranda, and student-facilitated case rounds), faculty-student supervision (e.g., individual, team, and group), and clinic work (e.g., case management, legal research, clinic-related events, and litigation and non-litigation work product).
 

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