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
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

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.
 

A practical, hands-on introduction to alternatives to litigation as a means of resolving disputes. Half the course deals with negotiation, a skill needed by all lawyers. Other alternatives such as mediation, arbitration, and court-sponsored dispute resolution techniques will be covered in the other half. A majority of the classroom time will be devoted to simulated negotiations and mediations using role-playing techniques. The course also covers theoretical, legal and ethical issues in negotiation, mediation and arbitration. The class will not meet some scheduled sessions to allow enough time to carry out the simulations during class time. While preparation for and participation in the simulations can be time-consuming, the reading load is about the same as for one and a half credits. Foreign LL.M. and exchange students are particularly welcome. Please note that on two occasions some students will have activities scheduled over the lunch break. This course is designated Honors/Pass/Fail.
 
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 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. Please note this class meets once each week for 170 minutes. 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.
 

The course serves as an introduction to the law governing Federal regulation of banks and systemically significant nonbank financial companies. The course will cover the basic statutes governing the chartering of national banks, the Federal Reserve system, deposit insurance, and depository institution holding companies, as well as the provisions of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 governing the designation and regulation of nonbank financial companies which are determined to be systemically significant. Emphasis is placed on the rules governing the activities permissible for different kinds of depository institutions, and companies affiliated with depository institutions, prudential regulations to protect the safety and soundness of institutions, and capital requirements imposed on institutions by Federal law and by the Basel Committee on Bank Supervision.
 

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 seminar will focus on the Securities Exchange Act of 1934 as it pertains to the regulation of the main professional of the securities markets, the broker-dealer. The course will examine how brokerage firms are created and subsequently regulated by the Securities and Exchange Commission (SEC) and the Financial Industry Regulatory Authority (FINRA). Topics will include registration, the scope of a broker's duties, suitability, supervision and supervisory controls, broker compensation, managing conflicts of interest, controlling inside information, record-keeping and reporting, trading platforms and exchanges. The seminar will further examine a brokerage firm’s obligations to its customers and potential liability for violations of those obligations, touching upon SEC and FINRA regulation and enforcement, private actions and FINRA’s dispute resolution process for customer claims. Although the primary focus of the course will be on broker-dealers and the Exchange Act, the seminar will also cover the role and regulation of other financial intermediaries, including registered investment advisers and the Investment Company Act of 1940 and the Investment Advisers Act of 1940.

Through student class presentations, we will explore recent (and anticipated) changes to the standards governing financial advice to investors, how technology is changing the role of financial advisors, the role of “robo-advisors” and alternative trading systems, and other recent developments in SEC and FINRA enforcement actions.
 

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:
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.
 

This class will address legal advocacy on behalf of children, while providing students with a strong foundation in lawyering skills and professional values. The substantive areas that will be discussed will include dependency, guardianship, mental health, medical decision-making, child support, emancipation, and family violence. Special emphasis will be placed on dependency law, including abuse, abandonment and neglect, foster care, termination of parental rights, adoption, children's right to services and protection from harm, and state liability for harm. In addition, the class will examine the role of the child's attorney and ethical considerations in the representation of children. Constitutional, statutory, and common laws impacting children will be addressed, including the legal interests of parents and the government and the law involving children's rights. Guest speakers will include experts and leading practitioners in the field of advocacy.
 

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

Civil Procedure II addresses the subjects of joinder, pretrial investigation and discovery, pretrial motion practice, settlement negotiation and alternative dispute resolution, trial and appellate practice, judgments, and complex litigation. Four themes guide this study: (1) the law of federal procedure (constitution, statutes, and rules); (2) procedural and substantive policy; (3) litigation strategy and the lawyering process; and (4) legal ethics. Litigation materials, including books and films, from The Buffalo Creek Disaster, A Civil Action, and Old Smokey, provide case studies.
 
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. 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
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

Basic introduction to the Uniform Commercial Code (UCC), primarily focused on secured transactions (Article 9). Subjects may also include selected topics in: sales (some Article 2 concepts not usually covered in contracts); negotiable instruments (notes & drafts, including checks, Article 3); letters of credit (as security or payment, Article 5); and documents of title (warehouse receipts & bills of lading, Article 7). Special class requirements: Daily (hourly) attendance and class preparation are required.
 
Course Concentrations:
The Business of Innovation, Law and Technology: BILT (Concentration) More information

This course is designed to introduce students to the protection of individual rights and liberties under the federal constitution. The bulk of the course is devoted to the 14th Amendment's various provisions. After a brief historical-conceptual overview, attention will be focused chiefly on three key doctrinal areas that have dominated much of Constitutional Law for past century and more: (1) “equal protection” and the meaning of equality; (2) implied “fundamental” rights and “substantive” due process; (3) the intersection of equal protection with substantive due process. To emphasize legal skills development, this course combines traditional lectures and class discussions with problem-solving exercises, sometimes individually and sometimes in a group setting.
 
Course Concentrations:
Social Justice & Public Interest (Area of Focus) More information
Social Justice & Public Interest (Concentration) More information

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:
Social Justice & Public Interest (Area of Focus) More information
Social Justice & Public Interest (Concentration) More information

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 is an introduction to the growing Corporate Compliance segment of the legal industry. Cases, Statutes, Non-Prosecution and Deferred-Prosecution Agreements comprise the bulk of the reading, introducing students to various legal regimes, such as the Foreign Corrupt Practices Act and the Bank Secrecy Act . Compliance and risk management are currently practiced means for improving business ethics, enhancing the observation of legal norms, and deterring firms from engaging in unsafe or unsound practices.
 
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.
 

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

A thorough survey of the current corporate cyber-threat environment presented from the perspective of an attorney advising clients facing information security risks and challenges. Students will learn the basic motivations, tools, techniques and tactics employed by external and internal attackers seeking to compromise corporate networks and steal valuable corporate information and personal data. The course will also examine the potential legal, regulatory and practical impacts of data breach incidents and provide a basic overview of incident response best practices.

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.
 

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 currencies 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. These e five major industries are: Banking, Cable & Satellite Television, Aviation, Hospitality 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.
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 is designed to provide a comprehensive survey of the often intertwined legal and business issues encountered by transactional attorneys within the entertainment industry, with particular emphasis on theatrical motion picture and television. While knowledge of Copyright and related intellectual property law is helpful, the student will not be expected to bring to the course any specific prior understanding or experience in the area. The material will be presented from the perspective of the practitioner representing clients involved in the production and exploitation of films and programs intended for exhibition in theatres and on television. The course will examine the appropriate business entities to be utilized, and the various structures commonly employed to finance production. These include distribution presales, network licenses, bank loans, completion bonds, tax shelters and various domestic and foreign governmental subsidies. Major studio versus independent production will be contrasted. Sources of revenue will be discussed, as well as the various forms of contingent compensation, including deferments and net, gross and adjusted gross participations. The course will also introduce the legal and business issues encountered in connection with the acquisition of underlying literary properties and agreements for the services of producers, writers, directors and actors (including minors). Specifically included in the analysis will be the considerable impact of the various guild agreements in connection with a number of issues, including compensation, residuals, and credit. The role of agents and managers, and the laws under which they function will also be addressed. The various forms of legal protection afforded intellectual property will be examined, including under copyright, implied contract theory, rights of privacy/publicity and other statutory and common law approaches. Typical transactions and forms of contracts will be discussed, with a view towards understanding the key issues involved, the positions customarily taken by each side and the compromises often reached. The overall goal of the course is to enable students to develop an informed and analytical approach to the practice of entertainment law.

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 2-credit short 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

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

The study of evidence law theory and practice today in law school is successfully accomplished by mastery of the Federal Rules of Evidence, first enacted by Congress effective in 1975. The approach employed in the required text, Evidence Law Mastery, is to capture the significant advantages of a lecture, text and problem approach to the learning of evidence, an approach used extremely successfully in all bar preparation courses. Prior to presentation of the rule of evidence under consideration and a textual explanation of its operation, Evidence Law Mastery ordinarily presents a “problem.” Each “problem” is designed to present a comprehensive hypothetical factual situation as it would arise in practice. In conjunction with lecture presentation and questions by students during class sessions, as each student reads the rule and text which follow immediately, he or she is searching for comprehension of the rule in operation that will provide an answer to the problem presented. The “problem” raises issues focusing on the rationale as well as the operation of the rule. Following the textual presentation is ordinarily a series of questions and/or true-false inquiries. The questions raise issues concerning the foregoing rule in a narrow contextual setting while the true-false inquiries are statements of law that are either correct or incorrect. The answers to the questions and true-false inquiries with explanation are captured immediately below. At the end of the section a suggested correct answer to the introductory “problem” is presented.
 
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 Fall 2018 Student-Agency Agreement to the CDO, for an approved externship field placement, by Monday, August 27, 2018. 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 June 2018 at the CDO and on the Externship Program Website:

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. There is no other credit amount associated with this academic program. Externs must complete a minimum of 135 field work hours at an approved externship placement.

To complete your enrollment for this course, you must first submit a complete Fall 2018 Student-Agency Agreement to the CDO for an approved externship field placement by Monday, August 27, 2018. 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.
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, 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 Fall 2018 Student-Agency Agreement to the CDO, for an approved externship field placement, by Monday, August 27, 2018. 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 June 2018 at the CDO and on the Externship Program Website:
https://www.law.miami.edu/iml/careers/miami-law-cdo-externship-program 

Students will enroll in Externship III if completing their third externship.
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 Fall 2018 Student-Agency Agreement to the CDO, for an approved externship field placement, by Monday, August 27, 2018. 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 June 2018 at the CDO and on the Externship Program Website:
https://www.law.miami.edu/iml/careers/miami-law-cdo-externship-program 

Arbitration is an essential part of dispute resolution today, including both purely domestic disputes as well as cross-boarder disputes. As a consequence, practitioners are required to understand the legal framework under which arbitration is conducted in the United States. This course is an introduction to the Federal Arbitration Act, the arbitration practice under state law, and the UNCITRAL Model Law (which was recently adopted for international commercial arbitration in Florida).
 
Course Concentrations:
Litigation & Dispute Resolution (Concentration) More information
Social Justice & Public Interest (Area of Focus) More information
Social Justice & Public Interest (Concentration) More information

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

This course will examine the role of the federal courts in the American governmental structure-including the relationship of the federal courts to: (1) other branches of the national government; and (2) state court systems. Likely topics to be covered in this course include justiciability (standing, ripeness, mootness and political questions); the power of Congress to define the jurisdiction of the federal courts, including its power to create non-Article III courts; the subject matter jurisdiction of the federal courts; the appellate jurisdiction of the U.S. Supreme Court and federal Courts of Appeal; judicial abstention; federal common law; state sovereign immunity; 42 U.S.C. § 1983; and habeas, including recent cases arising from the "war on terror."
 
Course Concentrations:
Litigation & Dispute Resolution (Concentration) More information

This is a three credit course organized as an independent paper aggregation. Students will write papers of sufficient length, involving sufficient research and revision, to count toward the Law School’s writing requirement. Students will at points take turns as assigned critics of drafts prepared by colleagues. Two thirds of the course grade will be based on the paper; one third on the critiques. Paper topics will address questions of current interest associated with the subject matter jurisdiction of federal courts. Initial course meetings will identify issues highlighted by recent (or perhaps forthcoming) Supreme Court decisions, as well as persisting problems now become pressing. Students, however, are free to propose topics of their own devising. The course will meet regularly until students have selected plausible paper topics. Where necessary, class meetings will fill-in background knowledge particular topics require. Thereafter group meetings will resume as paper drafts become ready for presentations and critique. Individual conferences will occur as needed. This course is not a survey of federal courts law generally. It does not suppose students have already taken a federal courts course and it is designed not to bar students from taking the general federal courts course subsequently. Needed materials will usually be accessible on-line. The federal courts casebook edited by Richard Fallon and his colleagues (the “Hart & Wechsler” book) is strongly recommended as a research and background resource but it is not required – the book will be put on library reserve.
 

This course considers the core concepts in federal income tax. All of the following topics will take account of the changes made in the Tax Cuts and Jobs Act of 2017 and will follow new guidance issued by the Internal Revenue Service during the semester. We will consider the determination of income, deductions, and credits. We will look at the complex rules applicable to the computation and use of losses. We will consider a range of tax incentives, including accelerated depreciation and the earned income tax credit. We will also look at issues of income shifting in the taxation of families and the use of tax shelters to create losses or basis. Tax provisions must be comprehensible to taxpayers and administrable by the IRS, and we will consider this in considering how we might draft "better" tax provisions in some areas. In addition to introducing you to federal income tax, this course will help you develop skills that are important for effective practice in many areas of law, including tax: (1) working with statutes and regulations; (2) understanding business transactions; (3) planning for successful outcomes within the legal rules and principles that define an area of law.
 
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