The page uses Browser Access Keys to help with keyboard navigation. Click to learn moreSkip to Navigation

Different browsers use different keystrokes to activate accesskey shortcuts. Please reference the following list to use access keys on your system.

Alt and the accesskey, for Internet Explorer on Windows
Shift and Alt and the accesskey, for Firefox on Windows
Shift and Esc and the accesskey, for Windows or Mac
Ctrl and the accesskey, for the following browsers on a Mac: Internet Explorer 5.2, Safari 1.2, Firefox, Mozilla, Netscape 6+.

We use the following access keys on our gateway

n Skip to Navigation
k Accesskeys description
h Help
2017-2018 School of Law Bulletin
University of South Carolina
   
 
    
 
  Dec 18, 2017
 
2017-2018 School of Law Bulletin

Course Descriptions

Contract All Courses |

 
  
  •  

    LAWS 500 - Introduction to the Legal Profession


    Credits: 1

    This course provides an overview of the different roles in which lawyers serve and the different work environments in which lawyers are employed. Students will meet members of the legal profession, hear about the daily work of lawyers in different settings, receive information about handling the responsibilities of law practice, learn about the range of lawyers’ duties and to whom those duties are owed, and be introduced to the basic principles of professionalism.

    Prerequisites: None

    Basis of Grade: Class attendance and participation; project report

    Form of Grade: Pass/Fail
  
  •  

    LAWS 504 - Contract Law


    Credits: 4

    An introduction to the law governing contracts, both common law and the Uniform Commercial Code. Topics covered include the agreement process, requirements for enforceability, interpretation and meaning, defenses, and remedies.

    Prerequisites: None

    Basis of Grade: Examination

    Form of Grade: Letter
  
  •  

    LAWS 509 - Property


    Credits: 4

    In this course, students are introduced to major concepts of property law, including the historical development of private property rights. The course will focus primarily upon the acquisition, characteristics, and transferability of property interests, as well as the relationship between privately held property interests in land and government regulation of that land for public purposes. Topics covered in the course will typically include adverse possession, estates, future interests, landlord tenant, easements, covenants, purchase & sale, deeds, and financing.

    Prerequisites: None

    Basis of Grade: Examination

    Form of Grade: Letter
  
  •  

    LAWS 523 - Constitutional Law


    Credits: 4

    A study of the structure of the Federal Government, the function of the Supreme Court in constitutional government, and the provisions of the United States Constitution that guarantee and protect individual rights against governmental encroachment. Topics include judicial review, sources and limits of congressional power, presidential power, equal protection, substantive due process and identification of unenumerated fundamental rights, freedom of speech, and the religion clauses.

    Prerequisites: None

    Basis of Grade: Examination

    Form of Grade: Letter
  
  •  

    LAWS 524 - Criminal Law


    Credits: 3

    This course provides an introduction to the substantive law of crimes. The primary emphasis is on those rules, principles, and doctrines applicable to most or many crimes. These doctrines include actus reus (What is a criminal act?), mens rea (What states of mind are criminal?), and the defenses of insanity, intoxication, impossibility, mistake, duress, necessity, and self-defense. Some attention is also given to several specific crimes and to theories of punishment. The primary materials are selected appellate court opinions and the Model Penal Code.

    Basis of Grade: Final examination

    Form of Grade: Letter Grade
  
  •  

    LAWS 529 - Torts


    Credits: 4

    The legal protection afforded in civil proceedings against interference by others with the security of one’s person, property, or intangible interests; the analysis of intentional interference, negligence, and strict liability in the context of recognized categories of tort liability.

    Prerequisites: None

    Basis of Grade: Examination

    Form of Grade: Letter
  
  •  

    LAWS 533 - Legal Research, Analysis and Writing I


    Credits: 3

    This course integrates instruction in fundamental legal research, analysis, and writing. Students learn the basic methods of researching state statutes and case law. Students learn how to analyze cases and statutes, how to identify and understand legal rules derived from these authorities, and how to apply those rules to make informed predictions about legal issues. Students also learn how to convey legal analysis clearly and concisely, and how to draft a legal prediction in the form of a memorandum of law. Students prepare two full memoranda of law and independently conduct the research necessary to complete one of them.

    Prerequisites: None

    Basis of Grade: Written Assignments

    Form of Grade: Letter
  
  •  

    LAWS 534 - Legal Research, Analysis and Writing II


    Credits: 3

    This course builds on the research, writing, and analytical skills introduced in Legal Research, Analysis, and Writing I. Students learn how to research federal statutes and case law, regulations, and secondary sources. Students also learn the skills of persuasive writing and argumentation through the preparation of a trial or appellate brief and oral argument. Students independently conduct the research necessary to complete the trial or appellate brief.

    Prerequisites: Legal Research, Analysis and Writing I

    Basis of Grade: Written Assignments and Exam

    Form of Grade: Letter
  
  •  

    LAWS 540 - Advanced Legal Writing|


    Credits: 3

    This course will focus on format, analysis, and organization with respect to a variety of legal documents, which may include objective memoranda, trial-level briefs, correspondence, discovery requests and responses, and jury instructions. Students will also receive instruction and tailored comments regarding writing style.

    Note: Students taking this course may elect to satisfy either the graduation writing requirement or the skills course graduation requirement, but not both.

    For first year students entering Fall 2016, students taking this course may elect to satisfy either the graduation writing requirement or the experiential course graduation requirement, but not both.

    Basis of Grade: Written assignments

    Form of Grade: Letter Grade
  
  •  

    LAWS 542 - Advanced Legal Analysis


    Credits: 2

    This course takes an explicit, problem-based approach to legal analysis in order to deepen students’ ability to synthesize legal authorities and to formulate and critique legal arguments. Topics covered will include theories of legislative and regulatory interpretation, sources of “public policy” arguments, and an exploration of stare decisis and the weight of published, unpublished, and “depublished” judicial opinions. Throughout the semester, students will work through numerous exercises that require the analysis, synthesis, and application of legal authorities. Some exercises will require students to perform their own legal research; others will be based on the “File” and “Library” format of the NCBE MultiState Performance Test; and still others will ask students to critique the analysis in existing memoranda and briefs. All exercises will require intensive, focused, repeated reading of statutes, regulations, cases, or some combination thereof.
     

    Note: This course satisfies the professional skills course graduation requirement.

    For first year students entering Fall 2016, this course satisfies the experiential course graduation requirement.

    Basis of Grade: Short written exercises throughout the semester; take-home exam.

    Form of Grade: Letter
  
  •  

    LAWS 543 - Advanced Legal Writing: Online Civil Litigation Drafting


    Credits: 3

    This course is designed as an online course offering that combines components of two upper-level drafting courses currently offered: Advanced Legal Writing and Writing in Law Practice. The goal of the course is to expose students to the drafting skills private practice lawyers need to handle a case in the course of civil litigation. This class will not deal with trial skills; rather, this course will focus on prefiling and pretrial drafting skills and will simulate a realistic litigation experience in a law firm setting. The course will encourage students to build on the legal writing and research skills they learned in the first year and expose them to documents they will need to produce in practice that are not a part of the first year legal writing experience. Students will learn how to (1) draft common litigation documents; (2) produce clear and concise writing; (3) effectively analyze legal issues; (4) express legal analysis clearly in written and oral communications; (5) conduct legal research in context; (6) critically examine information in its original form and discern information relevant to the litigation; (7) make strategic decisions about litigation based on the client’s expressed goals, the facts of the case, and the law; (8) draft a persuasive argument in the pre-trial context; and (9) produce documents necessary to resolve the pending litigation.

    Note: A student enrolled in this course may elect to have the course satisfy the skills requirement.

    Basis of Grade: Written assignments

    Form of Grade: letter
  
  •  

    LAWS 544 - Civil Procedure


    Credits: 4

    This course will provide an introduction and overview of the procedural steps in the prosecution and defense of civil cases in federal court. The course will focus on pleadings, joinder, discovery, summary judgment, trial and post-trial motions, preclusion doctrines, personal jurisdiction, subject matter jurisdiction, removal, supplemental jurisdiction, venue, and Erie doctrine. If time permits, opportunity to be heard, class actions, case management, appellate review, and alternative dispute resolution may also be addressed. The order of, and time allocated to, each topic will vary from instructor to instructor.

    Prerequisites: None

    Basis of Grade: Examination

    Form of Grade: Letter
  
  •  

    LAWS 547 - Criminal Procedure|


    Credits: 3

    The criminal process with emphasis on constitutional issues relating to arrest, search and seizure, and interrogation. Some consideration of issues relating to identification procedures, jeopardy, pre-trial procedure, and guilty pleas.

    Prerequisites: None.

    Note: 2L priority registration.

    Basis of Grade: Final examination

    Form of Grade: Letter Grade
  
  •  

    LAWS 548 - Discovery Drafting


    Credits: 3

    This course is a practice-oriented  introduction to the discovery phase of litigation.  The course will simulate a product liability case in which enrolled students will represent either the plaintiff or the defendant.  Students will handle the case from the beginning of discovery  until the case is ready for settlement or trial, focusing on drafting the discovery documents  necessary to advance the case.  This course will expose students to the specific skills needed for engaging in litigation discovery.

    Prerequisites: None

    Note: A student enrolled in this course may elect to have the course satisfy the skills requirement.

    Basis of Grade: Each written assignment and course activity will be assigned a point value that will contribute to an overall point total for the entire course. A student’s letter grade will be determined by the percentage of points the student earns throughout the course.

    Form of Grade: Letter
  
  •  

    LAWS 554 - Problems in Professional Responsibility|


    Credits: 3

    A course that focuses on lawyers’ ethical obligations in various areas of practice: criminal defense and prosecution, civil litigation, office practice, counseling, transactions work, corporate and organizational counsel, government, and the judiciary. The course also examines significant issues facing the profession, including limitations on advertising and solicitation, restrictions on the adversary model, and the national and global nature of the legal profession.

    Prerequisites: None

    Note: Second year block course. Satisfies Professional Responsibility requirement for graduation. Must earn a C or better to satisfy the graduation requirement. Students who have taken Professional Responsibility may not enroll. 2L priority registration.

    Basis of Grade: Final examination and class participation

    Form of Grade: Letter Grade
  
  •  

    LAWS 555 - Professional Responsibility


    Credits: 2

    Examination of the lawyer’s obligations to clients, other lawyers, and courts, and also to society and themselves, with focus on the Rules of Professional Conduct.

    Prerequisites: None

    Note: This course or Problems in Professional Responsibility is required for graduation. Must earn a “C” or better to meet graduation requirement.

    Form of Grade: Letter Grade
  
  •  

    LAWS 556 - Advanced Legal Profession


    Credits: 2

    An in-depth study of selected problems in ethics and professionalism confronting lawyers in the practice of law. Topics will include legal malpractice, the disciplinary system, ethical issues facing lawyers in particular fields, ethics and professionalism in litigation, office practice, and other issues of current interest. Instruction in the course will be by faculty members, practicing lawyers and judges.

    Prerequisites: Professional Responsibility or Problems in Professional Responsibility

    Basis of Grade: Written responses to problems; memos and drafting exercises. An assignment on substantive topic discussed in the course. Grade will be based on top 5 scores received on assignments.

    Form of Grade: Letter
  
  •  

    LAWS 557 - Law Practice Workshop


    Credits: 2

    The course provides a synthesis of the substantive knowledge and the practical skills and experience essential to a successful practice and the competent representation of clients in numerous areas of the law. The course will emphasize the analysis of client problems and the processes involved in effecting solutions. Practice areas covered from time to time during the semester may include, inter alia, bankruptcy, criminal defense litigation, criminal prosecution, civil defense litigation, plaintiff’s litigation, construction law, elder law, fiduciary representation, estate planning, family court litigation, alternative dispute resolution, real estate transactions, workers’ compensation, international law, health law, intellectual property, media law, poverty law, education law, commercial law, banking law, employment law, consumer law, business entities and agency law, appellate practice, tax practice, environmental law, regulatory practice, and administrative law. This course is not intended as a substitute for a more in-depth study of doctrinal law and procedure in these various areas but instead will serve as a transitional stage from the knowledge and skills obtained in other courses to the practice of law in those areas. Various presentations will be made by leading experts in their fields. Forms and other practice materials will be provided.

    Prerequisites: This course is limited to students in their final semester of law school.

    Basis of Grade: Examinations and/or projects, attendance

    Form of Grade: pass/fail
  
  •  

    LAWS 558 - Advanced Civil Procedure


    Credits: 3

    This course is designed to cover topics not covered in depth in the first-year Civil Procedure course and may include complex joinder rules, interpleader, discovery issues related to expert witnesses, offers of settlement, and appeals. It will emphasize federal procedure but note some ways in which South Carolina procedure differs. The course is also designed to enhance skills acquired in the first year including the ability to research, read, and understand procedural rules, statutes, and cases, and the ability to synthesize those sources. Students will spend some time practicing essay and multiple-choice questions of the type they may encounter on a bar exam, in addition to performing more practice-related exercises; the course may thus review, as necessary, some topics encountered in the first-year course.

    Basis of Grade: Exercises, Quizzes and Open-Book Final Exam

    Form of Grade: Letter
  
  •  

    LAWS 559 - Advanced Topics in Criminal Law


    Credits: 2

    This course is an advanced course in criminal law. Students will explore three different areas: First, they will take an in-depth look at topics that play an important role in criminal practice, but which typically go unmentioned or are only briefly discussed in first-year Criminal Law. Such topics include, for example, possession crimes and conspiratorial relationships. Second, students will survey high-profile criminal law topics that have attracted popular attention, such as cyber-crime, anti-terrorism enforcement, and forensic investigation. Third, students will finish the class by studying sentencing law and policy. The purpose of the course is both to provide students with a broad understanding of criminal law and to prepare them for a career by exposing them to legal doctrines that play a common role in criminal practice.

    Prerequisites: Criminal Law

    Basis of Grade: 85% final exam, 10% other assignments, 5% participation

    Form of Grade: Letter
  
  •  

    LAWS 560 - Foundations of Law Practice and Professionalism|


    Credits: 2

    This course has two objectives: first, to introduce students to fundamentals essential to successful private practice, whether solo or small or large firm, and second: to explore professionalism in the legal profession and its relationship to successful practice. Topics covered may include the economics of law practice, trust accounts and record keeping, common mistakes to avoid, interpersonal skills and leadership principles necessary in managing a practice, managing client relationships, marketing and professionalism.

    Prerequisites: Problems in Professional Responsibility or Professional Responsibility.

    Basis of Grade: Final examination and group projects

    Form of Grade: Letter Grade
  
  •  

    LAWS 561 - Small Business Organization Capstone


    Credits: 5

    This course will provide students with practical and substantive knowledge and experience in transactional law using a small business nonprofit or small business for-profit organization model. It will be multidisciplinary and provide students a broad theoretical and practical experience with measurable outcomes and skills, including problem solving, project management, leadership, and teamwork. Students will act as counsel for a group interested in forming either a nonprofit 501(c)(3) organization or a for-profit entity that will own and operate a business. As counsel for the organization, students’ responsibilities will include interviewing a client; reviewing a Retainer Agreement; preparing Articles of Incorporation; preparing Bylaws; preparing IRC Form 1023 (Application for Exemption) or LLC or other business documents; providing Board of Director education and advice at simulated board meetings; and preparing Contracts, Lease Agreements, and/or Sponsorship Agreements. Students may also advise the client and draft documents related to copyright issues, potential mergers, and partnership agreements.

    Corequisites: Partnership Tax

    Prerequisites: Professional Responsibility or Problems in Professional Responsibility, Business Associations, and Partnership Tax

    Note: Limited to 3Ls only

    Nonprofit Organizations and Interviewing, Counseling and Negotiations are strongly recommended, but are not prerequisites.

    Students limited to enrolling into one Capstone course.

    This course satisfies the professional skills course graduation requirement.

    For first year students entering Fall 2016, this course satisfies the experiential course graduation requirement.

    Basis of Grade: Written and oral assignments

    Form of Grade: Letter
  
  •  

    LAWS 562 - Advanced Legal Research|


    Credits: 2

    This course builds on the basic research skills gained in the first year LRAW program. The course offers students the opportunity to develop an in-depth working knowledge of legal research methods through experience using and comparing a broad range of legal research tools. Upon completion of this course, students should be able to evaluate research options and demonstrate advanced research methods typical of attorneys in practice.

    Prerequisites: Legal Research, Analysis and Writing I and II

    Note: Satisfies skills graduation requirement.

    Basis of Grade: Written assignments and project

    Form of Grade: Letter Grade
  
  •  

    LAWS 562 A - Advanced Legal Research (Summer Only)


    Credits: 3

    This course builds on the basic research skills gained in the first year LRAW program. The course offers students the opportunity to develop an in-depth working knowledge of legal research methods through experience using and comparing a broad range of legal research tools. Upon completion of this course, students should be able to evaluate research options and demonstrate advanced research methods typical of attorneys in practice.

    Prerequisites: Legal Research, Analysis and Writing I and II

    Basis of Grade: Written assignments and project

    Form of Grade: Letter Grade
  
  •  

    LAWS 564 - Free Speech and Democracy


    Credits: 3

    This course will study the constitutional rights of freedom of expression guaranteed by the First Amendment. The course will consider constitutional questions related to regulation of offensive speech, defamation, pornography, symbolic speech, commercial speech, Internet and broadcast regulation, regulation of the public forum, and freedom of association. The course will emphasize the relations between free speech and democratic processes through consideration of campaign finance and election regulations.

    Prerequisites: Constitutional Law

    Note: The optional paper DOES NOT satisfy the graduation writing requirement.

    Basis of Grade: Final examination or optional research paper with permission of the instructor

    Form of Grade: Letter
  
  •  

    LAWS 568 - Coastal Law


    Credits: 3

    This course explores legal approaches to avoiding and resolving conflicts between human use of coastal areas and the ecological integrity of coastal systems. We will cover relevant South Carolina and Federal law, looking at issues both above and below the tide line. Course readings represent a variety of disciplines, including law, economics, and the natural sciences. Students must participate actively in discussions, present their research proposals, and submit three writing projects.

    Note: Course qualifies as a perspective course

    Basis of Grade: Final examination, written assignments and class participation

    Form of Grade: Letter
  
  •  

    LAWS 569 - Coasta Law Field Lab


    Credits: 6

    This is a 4.5 week course that will be taught in and around Charleston, South Carolina during the summers.  Students will be housed, and classes taught, at College of Charleston, or another similar place.  The course includes a combination of learning in the field and in the classroom.  The course consists of three modules, each of which will cover a substantive area of coastal law, and each of which will be taught by a different professor.  Module topics will include legal aspects of coastal land use, development, and conservation; coastal impacts of climate change; and, ocean issues such as fisheries and offshore energy.   In each module, students will spend about three-quarters of their time in the classroom and the remainder in the field.  Field experiences will be related to materials covered in the classroom; a typical trip might involve a visit to a coastal property that is the subject of litigation, joined by parties’ lawyers and experts.  This course is open to students from the University of South Carolina School of Law as well as students from other accredited law schools nationally. 

    Basis of Grade: Three in-class exams, one at the end of each module. There may be daily evaluations, e.g., quizzes, that count toward grade.

    Form of Grade: Letter
  
  •  

    LAWS 569A - Coastal Law Field Lab


    Credits: 2

    This is a two-credit course taught at Belle Baruch Institute for Marine and Coastal Sciences near Georgetown, South Carolina over a seven-day period during the law school’s spring break. The course is built around five half-day field trips to properties along the “north coast” of South Carolina (Charleston to Myrtle Beach) that have either been at the heart of important litigation or high-profile coastal law issues. Prior to each site visit, students will read the relevant case or issue briefing, then meet with the instructor for discussion. During the site visits, the class will meet with attorneys, parties, or government officials who have been involved in the matter for question and answer sessions.

    Prerequisites: Environmental Law (Federal Environmental Law); or Administrative Law; or Coastal Law

    Basis of Grade: Writing Assignments

    Form of Grade: Letter
  
  •  

    LAWS 595 - Legal Research for Practice Workshop


    Credits: 1

    This workshop series (13 classes) is designed to expose students to specific research skills and resources identified by employers in the legal community as necessary for effective and efficient research in any law practice. Individual workshop sessions will be taught by law librarians with particular interests and expertise in the topics covered (see sample topics below), which may change to meet the needs of the legal community. Sample Topics: SC Legal Research Resources Review PACER/Dockets/Public Records/Finding Experts Cost-Effective and Free Resources Forms and Court Rules Advanced Searching Practice Aids Unpublished Opinions & Specialized Reporters Topical Services and Print Treatises State and Federal Legislative History Multi-State Research Administrative Agency Documents Non-Legal Research Journal Article Databases

    Basis of Grade: Research Assignments & Quizzes for each topic

    Form of Grade: P/F (All assignments must be completed to pass)
  
  •  

    LAWS 601 - The Constitution and National Security


    Credits: 2

    This seminar will examine the constitutional and statutory law that governs U.S. national security policy and practice. The course will examine the Constitution’s allocation of national security authority, the foreign relations powers, and war powers among the three branches of the federal government. The course will focus on specific issues arising from past and ongoing counterterrorism activities including detention, surveillance, interrogation, and targeted killing. In addition, the course will examine how constitutional and statutory authority relates to the role of international law in U.S. courts and the role of courts more generally in establishing boundaries for national security policy. The course will examine court cases, executive memos, and legislative materials.

    Prerequisites: Constitutional Law

    Note: This course satisfies the perspectives course requirement.

    Basis of Grade: Final examination or optional research paper with permission of instructor

    Form of Grade: Letter
  
  •  

    LAWS 602 - Project Finance


    Credits: 3

    This course concentrates on project finance as a vehicle to explore general problems of domestic and international corporate finance in the context of a specific infrastructure finance strategy. Project finance refers to the financing of long-term infrastructure, industrial projects and public services based upon a non-recourse or limited recourse financial structure where project debt and equity used to finance the project are paid back from the cash-flow generated by the project (for example, borrowing to finance construction of an electricity generating plant and then repaying said loan from the proceeds of the sale of electricity generated by the facility). The goal is to give you some insight into how transactional lawyers deal with complex contracting and concepts in a sophisticated business practice. Each week there will be a 2 hour theoretical class shared with overseas students via videoconferencing, and a 1 hour local documentation and drafting class.

    Prerequisites: None

    Note: Course will include video-conferenced guest speakers. An overnight out-of-town field trip may be required. This course satisfies the skills course graduation requirement.

    Form of Grade: Letter Grade
  
  •  

    LAWS 603 - Family Business Law


    Credits: 2

    This course examines the distinctive characteristics of family businesses, with a particular focus on their governance needs.  To be effective, a legal advisor must appreciate the overlap of family law and business law principles, and we will explore important areas of intersection, including (1) how business succession relates to estate planning, and (2) the potentially adverse business implications of marital divorce.  We will also discuss ethical issues involving multiple representation that often arise in the context of family businesses.  Finally, the course will take up conceptual and normative questions regarding the definition of family business and the extent to which family values influence business priorities.

    Prerequisites: Business Associations

    Basis of Grade: Grades will be based on class participation and a final project, which students will work on in small teams.

    Form of Grade: Letter
  
  •  

    LAWS 605 - Corporate Finance


    Credits: 3

    This seminar will explore legal and regulatory options for addressing global climate change. We will begin with materials examining the scientific evidence and projections of climate change, then move on to attempts at international legal and quasi-legal mechanisms, including the United Nations Framework Convention on Climate Change, the Kyoto Protocol,and the Copenhagen Accord. We will also cover U.S. domestic climate policy options, including regulation under the Clean Air Act and at state level,and contrast these policies with those in place in other developeA. This is a course in financial economics as applied to legal problems. Topics will likely include economics of valuation (including consideration of risk and return and the capital asset pricing model), the efficient market hypothesis and the accuracy of stock prices more generally (theories, evidence, and limits), the mechanics and economics of the stock market through which firms raise equity capital, the role of stock prices in capital allocation and corporate governance, event studies, option theory, dividends and share repurchases, debt and leverage, and the theory of the firm. Overall, the course can be seen as a financial­ economics-based survey of some of the more prominent advanced-level topics in corporate and securities law.

    Prerequisites: Business Corporations or Corporations

    Basis of Grade: Exam performance, with slight adjustments based on in-class participation and performance. Class may involve both a midterm and a final exam.

    Form of Grade: Letter
  
  •  

    LAWS 606 - Securities Regulation


    Credits: 3

    A general review of the securities markets, including private actions and government regulation, with a particular focus on the Securities Act of 1933 and the Securities Exchange Act of 1934.

    Prerequisites: Corporations or Business Corporations

    Basis of Grade: Final examination

    Form of Grade: Letter Grade
  
  •  

    LAWS 607 - Business Crime|


    Credits: 2

    The class will examine substantive federal criminal law, especially “white collar” crimes in the corporate context. Topics covered include mens rea (what state of mind is required for criminal liability?), entity liability (who is the proper criminal defendant?), the attorney’s role in conducting corporate internal investigations (who is the client?), the attorney-client privilege and work product protection, and ethical issues involved in joint representations. Substantive crimes addressed will likely include mail and wire fraud, insider trading, securities fraud, conspiracy, and obstruction of justice.

    Prerequisites: Business Corporations or Corporations.

    Basis of Grade: Final examination

    Form of Grade: Letter Grade
  
  •  

    LAWS 608 - Law and Economics


    Credits: 2

    This course will provide an introduction to the positive economic analysis of legal problems. Students will be invited to use fundamental principles of economic science to explain legal doctrines. The inquiry, therefore, will not focus on normative aspects of economic analysis, on whether the law ought to promote efficiency. After a brief survey of macroeconomics, the course will address primarily the major common law areas of property, contracts, torts, and criminal law. In general, the course will attempt to demonstrate how fundamental economic concepts, such as transactions costs, externalities, and risk allocation, can help explain the logic of these large bodies of law, difference among them, and long standing principles within each. Depending on the availability of time and the students’ prior exposure to economic analysis in these subjects, the course may cover topics in corporation law and the common law process.

    Note: This course satisfies the perspective course graduation requirement.

    Basis of Grade: Final exam

    Form of Grade: Letter
  
  •  

    LAWS 609 - Business Associations


    Credits: 3

    This course focuses on the structure and characteristics of enterprises organized to do business in the partnership, LLC, and corporate form. Areas addressed will include the formation, ownership, operation, governance, and dissolution of the business entity. Substantial emphasis will be placed on the corporate form of business, but comparisons to the partnership and LLC forms will be included. The course will also examine fundamental agency principles important to all business organizations. This course is the foundation course for, and prerequisite for, all upper-level business-law courses, whether focusing on publicly traded entities or businesses owned by only a few persons. Business Associations is not a prerequisite for Agency, Partnerships, & LLCs.

    Note: Students who have taken Corporations or Business Corporations may not enroll in this course.

    Basis of Grade: Exam

    Form of Grade: Letter
  
  •  

    LAWS 611 - Agency Partnership and Limited Liability Companies


    Credits: 3

    The principle focus of the course, however, will be on LLCs, and the issues relevant to  starting, operating, and ending LLCs.  Since LLC operations are based in large part on partnership principles, we will review some of these and see how they are incorporated into the operation of LLCs.  We will consider the duties that LLC members owe to each other and the business.  We will worry about when an LLC member may be personally liable for obligations of the entity.  The financial operations of the business, and the financial rights of the members are important. In regard to Agency, we will review some of the basic principles you studied in Business Associations and may expand on these, including possible examination of issues involving “Undisclosed Principals,”  “Subagents,” “Ratification,” and “Notice.” In regard to all these topics, we will pay particular attention to South Carolina law. 

     

                Please note that you will be responsible for four projects done during the semester.  These will all be graded.  There will also be a brief final exam.

     

    1.         Project #1.

    In a group, your group will be responsible for working some basic “accounting” problems and explaining your results to the class.  You will be required to “do math”!

    You will prepare these accounting problems outside of class.

     

    2.         Project # 2.

    Your group will present to both the class and to an actual client, an explanation of some of the risks the client will be faced in forming an LLC.  You will be required to prepare and present during class a memo to the client explaining the risks that they may be subject to. 

    We will probably set aside some limited amount of class time for you to work on this project.  However, it will require out-of-class preparation.

     

    3.         Project # 3

    An existing business is considering converting into an LLC.  The new LLC will include investors who are interested, along with the business founders, of expanding and modifying the business.

    Your group will present both to the class and to the founders, a written memo listing  key points (with explanations)  the founders should consider in adopting this LLC.

    Another group will present to the class and to the investor group, a similar written memo listing key points (with explanations) the investors should consider in adopting this LLC.

    We will likely set aside some limited amount of time for you to work on this.  However, it will require out-of-class preparation.

     

                4.       Project # 4  Essentially the Final Exam

    You will individually draft certain specified provisions for the LLC that the folks identified in Project # 3 intend to adopt.  You will draft two separate section for each required provision - one favoring the founder group, and one favoring the investor group.

    This Project # 4 will count the most points for the course.

    This will likely be assigned the last week of the course and due during the first week of finals.

     

    5.         “Brief” Final Exam.

     

    The exam will cover those topics that are separate from the planning and drafting of the LLC.

    Prerequisites: None

    Basis of Grade: Drafting Assignments and Final examination

    Form of Grade: Letter Grade

  
  •  

    LAWS 612 - Accounting for Attorneys


    Credits: 2

    An introduction to the principles of accounting, including the theory and function of the balance sheet and the income statement, and the sources of authoritative accounting principles.  Other concepts studied will include internal controls, auditing, materiality, and financial analysis (financial ratios).  Law firm accounting and escrow accounting will also be covered.

    Note: Students with six or more undergraduate credits in Accounting need special permission from the Instructor to enroll.

    Basis of Grade: Final Exam

    Form of Grade: Letter
  
  •  

    LAWS 613 - Criminal Adjudication


    Credits: 3

    This course examines the major procedural stages of a criminal prosecution from both a theoretical and practical perspective. At any given stage students should pay particular attention to the respective roles, objectives, and strategies of the judge, prosecutor, and defense counsel, and to the sometimes competing legitimate interests of law enforcement and criminal defendants. Principal topics to be covered include: • the decision to charge and the issuance of complaints • initial appearance • bail and pretrial release and detention • the probable cause hearing • grand jury, indictment, and information • joinder • criminal discovery • guilty pleas and plea bargaining • speedy trial rights and provisions • jurisdiction and venue • civil forfeiture • double jeopardy • criminal trials and pretrial motions • sentencing, the death penalty, appeal, and post-conviction remedies (particularly habeas corpus). (Sentencing is also studied in greater depth in Sentencing and Correctional Law, to be given in spring 2012.) This course is taught primarily from a nationwide perspective, but as time allows, we may also make reference to practice under the South Carolina law where this state’s procedure varies significantly from other jurisdictions. For students who are contemplating either prosecuting or defending criminal cases in their future careers, this course, in combination with courses in Criminal Procedure under the 4th , 5th , and 6th Amendments (sometimes mistakenly called “Constitutional Criminal Procedure,” because a solid understanding of constitutional requirements is equally vital to both courses) and Sentencing and Correctional Law, provides a comprehensive nine-credit upper level study of criminal practice. However none of these courses is a prerequisite for the others, and any of these courses may be taken by any student regardless of future career interests.

    Basis of Grade: Final exam

    Form of Grade: Letter
  
  •  

    LAWS 614 - International Business Transactions|


    Credits: 3

    A consideration of some of the problems under international, foreign, and domestic law that American business may encounter in doing business abroad, in selling products for export, and in competing in the U.S. with imported goods. Particular emphasis is given to the transactions and mechanics of international trade and finance, the international settings, including both GATT and bilateral agreements, and national regulation of import and export trade and foreign investment.

    Prerequisites: None.

    Basis of Grade: Exam

    Form of Grade: Letter Grade
  
  •  

    LAWS 615 - Secured Transactions|


    Credits: 3

    An analysis of secured transactions under Article 9 of the Uniform Commercial Code. Topics to be considered include creation, perfection and priority of security interests; the impact of bankruptcy on secured transactions; and default foreclosure.

    Prerequisites: None

    Basis of Grade: Group problems and exercises; take-home final exam

    Form of Grade: Letter Grade
  
  •  

    LAWS 616 - Capital Markets Regulation


    Credits: 2

    This course concerns the regulation of capital markets: the New York Stock Exchange, NASDAQ, and the wide variety of other institutions devoted to the trading of securities. Capital markets perform important social functions: providing liquidity for investors and incorporating information into prices, which in tum serve as vital guides to real economic activity. The effectiveness with which capital markets perform these functions and their costs of operation are determined in significant part by the rules governing the persons who operate, and trade in, these markets. The course will begin with a consideration of major domestic and transnational capital market institutions. It will then address the economic theory that explains how capital markets operate (market-microstructure economics) and the incentives that motivate their various players. These beginning segments lay the groundwork for a more informed discussion of the substantive law that governs capital markets. Specific regulatory areas to be considered include the rules relating to (1) transparency: who knows (and when) the prices at which securities are being offered and sold (the “ask quotes”) and the prices at which actual trades occurred, (2) a broker’s execution of a customer’s orders, (3) dealers transacting directly with retail customers, (4) market making more generally, (5) trading system alternatives to the NYSE and NASDAQ, (6) trader behavior including manipulation, short selling and insider trading. The course, with its focus on persons who operate or trade in capital markets, should be distinguished from Securities Regulation, which is devoted primarily to the regulation of the behavior of the firms that issuer securities and their agents in connection with the primary offering and secondary trading of their securities.

    Prerequisites: Business Associations, Business Corporations, Corporations or Securities Regulation  

    Basis of Grade: Exam performance, with slight adjustments based on in-class participation and performance. Class may involve both a midterm and a final exam.

    Form of Grade: Letter
  
  •  

    LAWS 617 - Commercial Law Seminar|


    Credits: 2

    The Seminar will cover the following commercial law topics: (1) the enforcement of money judgments; (2) letter of credit transactions; (3) financing secured by security interests in intellectual property; and (4) the past, present, and future of asset securitization.

    Prerequisites: Secured Transactions; can be taken as corequisite

    Note: Course does not satisfy the graduation writing requirement

    Basis of Grade: Written responses to problems and drafting exercises

    Form of Grade: Letter Grade
  
  •  

    LAWS 618 - Consumer Law|


    Credits: 2

    A survey of federal and state consumer protection law remedies and enforcement procedures in such areas as unfair or deceptive advertising and other sales practices, credit and other disclosure regulation, credit and other contract regulation, and information disclosure regulation, including, in addition to common law tort and contract remedies, relevant applications of the Federal Trade Commission Act, the South Carolina Unfair Trade Practices Act, the Uniform Commercial Code, the Uniform Consumer Credit Code, the South Carolina Consumer Protection Code, and the Uniform Deceptive Trade Practices Act.

    Prerequisites: None.  

    Basis of Grade: Paper

    Form of Grade: Letter Grade
  
  •  

    LAWS 623 - Comparative Employment Discrimination Seminar


    Credits: 2/3

    This course is a seminar focusing on a comparison of employment discrimination laws in the United States and abroad. Students examine timely issues under the American legal system and compare the American approach to these issues with that of foreign-based systems. Through this comparative approach, students will examine critically the American system of employment law primarily as it exists under Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act, and Title I of the Americans with Disabilities Act.

    Prerequisites: None

    Note: This course satisfies the perspective course requirement. It satisfies the graduation writing requirement if taken for 3 hours.

    Basis of Grade: Paper, oral presentation, and class participation

    Form of Grade: Letter
  
  •  

    LAWS 624 - Employment Discrimination|


    Credits: 3

    This course is designed to provide a broad overview of the federal legislation which prohibits employment discrimination on the basis of race, color, religion, sex, national origin, age, and disability. The course also examines the prohibitions against retaliation in the workplace. The course explores the basic frameworks for how claims of intentional and unintentional discrimination are analyzed. The course also examines how employment discrimination statutes are enforced, and the remedies available in these types of cases.

    Prerequisites: None.

    Basis of Grade: Final examination and class participation

    Form of Grade: Letter Grade
  
  •  

    LAWS 626 - Principles of Labor Law


    Credits: 2

    This course will address the basic principles and labor protections found in the National Labor Relations Act (NLRA). The NLRA - and the foundations of labor law generally - address various aspects of collective activity, including the right to organize and join labor organizations, and the regulation of strikes, boycotts and picketing. Additionally, this course will examine the timely issues of labor law, and explore the direction that this field is heading.

    Prerequisites: None

    Basis of Grade: Final examination, class presentation and class participation

    Form of Grade: Letter Grade
  
  •  

    LAWS 627 - Immigration Law


    Credits: 2

    This course will examine the legal framework and criteria that govern who can legally enter, reside, and become a citizen in the polity of the United States, a country that has attracted large numbers of immigrants throughout its history and continues to do so today. Drawing on the Immigration and Nationality Act, attention will be paid to judicial, legislative, and regulatory construction of those provisions of immigration law relevant to defining who is allowed into the United States and in what category, who may be removed, and the more recent focus on security/terrorism concerns and immigration as a political issue.

    Prerequisites: None

    Basis of Grade: Final examination

    Form of Grade: Letter Grade
  
  •  

    LAWS 628 - Immigration and Family Law Skills Workshop


    Credits: 3

    In this class, students will follow a simulated immigration case from beginning to end. The class will examine the common issues that undocumented immigrants face during deportation proceedings and learn the skills and defenses immigration attorneys use to represent undocumented immigrants seeking to challenge their removal. In addition, the class will also address how other legal issues pertaining to areas such as family law or criminal are complicated by a client’s immigration status. Students in the class will be expected to draft various immigration documents and will be graded on these assignments. Lastly, throughout the semester, immigration law practitioners will be invited to share their expertise and experience with the class.

    Note: This course satisfies the graduation skills requirement.

    Basis of Grade: Written exercises

    Form of Grade: Letter Grade
  
  •  

    LAWS 629 - Alternative Dispute Resolution


    Credits: 3

    This course will survey and critically analyze alternatives to trials. Relatively few legal disputes should or do end up in court. For most cases non-judicial resolutions are preferable, yet law schools give little attention to other forums. Among other things, this course will explore the nature and usefulness of negotiation, arbitration, mediation and other non-judicial methods of resolving disputes.

    Prerequisites: None

    Note: This course satisfies the skills course graduation requirement.

    Form of Grade: Letter Grade
  
  •  

    LAWS 630 - Individual Employment Law


    Credits: 3

    Legislatures and courts have steadily increased regulation of employment relationships in recent decades. The new regulations consist of a mixture of contract, tort, criminal, and administrative law. This course explores those developments, and we will study many of the statutory and common law rules governing the establishment and termination of the employment relationship and regulating the conditions of employment. Given the breadth of the subject matter, Individual Employment Law will be useful for students considering general practice or corporate law as well as those planning to practice labor and employment law.

    Prerequisites: None

    Basis of Grade: Final examination and class participation

    Form of Grade: Letter Grade
  
  •  

    LAWS 631 - Parents, Children and the Law


    Credits: 3

    This course addresses issues related to the legal status of minority and the parent-child relationship, including: paternity, adoption, abuse and neglect, termination of parental rights, basic principles for determining custody, children’s rights, and the allocation of authority to make decisions concerning minors. The course will also cover issues relating to reproduction, including the legal status of the fetus and issues raised by advanced reproductive technology.

    Basis of Grade: Final examination

    Form of Grade: Letter
  
  •  

    LAWS 633 - Income Taxation|


    Credits: 3

    Basic concepts of income taxation of individuals; gross income, adjusted gross income, applicable deductions, credits, gains and losses and nonrecognition transactions. Examination of concepts of capital gains and losses, including questions of basis, nonrecognition in certain exchanges and carry-over of losses.

    Prerequisites: None

    Note: Second year progression-entry course; 2L priority registration

    Basis of Grade: Final examination, problems as announced in class and class participation

    Form of Grade: Letter Grade
  
  •  

    LAWS 634 - Elder Law


    Credits: 2

    If you know someone who is getting older or is disabled or if you plan to have any clients who are getting older or who have disabilities, this course will be relevant in your future practice. This course will include a survey of the substantive topics about which a lawyer should have at least a basic understanding when representing an older client, a client with special needs, or a family member of an elder or a person with disabilities who is in need of protection. Some of the subjects included will be long term care planning; basic estate planning; advance directives; powers of attorney; Medicaid, Medicare and other government benefits; guardianship and conservatorship. The course will also address the many ethical issues which the attorney must resolve in the process of representation. Practical guidance, using both hypothetical and real life examples and sample forms, will be provided.

    Basis of Grade: Quizzes, writing assignments, class participation and attendance. No final exam

    Form of Grade: Letter
  
  •  

    LAWS 636 - Corporate Tax|


    Credits: 3

    Federal income taxation of corporations and shareholders. The course will deal with the organization of a corporation; its’ original capital structure; dividends and other non-liquidating distributions; and liquidations. Special emphasis is placed on the problems of the close corporation.

    Prerequisites: Income Tax

    Basis of Grade: Final examination and class participation

    Form of Grade: Letter Grade
  
  •  

    LAWS 637 - Partnership and LLC Taxation|


    Credits: 3

    An examination of the classifications, organization, operation, and dissolution of partnerships for federal income tax purposes; basis of partnership interests; determination of partnership income; sales of partnership interests; death and retirement of a partner.

    Prerequisites: Income Tax (no waivers will be granted)

    Basis of Grade: Final examination

    Form of Grade: Letter Grade
  
  •  

    LAWS 638 - Tax Policy


    Credits: 3

    This seminar examines the legal, political, sociocultural, and economic considerations involved in the formulation and implementation of tax policy.  Early weeks of the course will explore foundational concepts that provide the metrics by which we evaluate tax policy: simplicity, efficiency and equity.  The course is inherently interdisciplinary.  Students will engage with philosophy by tackling concepts such as redistributive theory that support or challenge progressive taxation and economic theory on what makes “good” tax policy.  After building a foundation with which to evaluate tax law and policy, the course will explore different topics in tax policy, including, but not limited to: the taxable unit, wealth inequality and income redistribution, tax expenditures or subsidies, tax and environmental policy, critical tax theory, and double taxation of corporations.

    Corequisites: Income Tax

    Prerequisites: Income Tax

    Note: Satisfies perspective course graduation requirement

    Basis of Grade: Class participation and multiple five page persuasive essays based on materials covered in class. Each writing assignment will require the student to argue for or against a given issue, proposed or current provision.

    Form of Grade: Letter
  
  •  

    LAWS 640 - State and Local Tax


    Credits: 2/3

    A study of the tax systems of state and local governments. We will consider federal Constitutional and statutory restrictions on the ability of state and local governments to enact taxes, state restrictions on the ability of local governments to enact taxes, state income taxes, sales and use taxes, and property taxes. Special attention will be paid to policy; comparing and contrasting South Carolina law to laws of other states and federal income taxes; and comparing the Unites States’ treatment of international transactions to the states’ treatment of multi-state and international transactions.

    Corequisites: Income Tax

    Prerequisites: Constitutional Law; Income Tax is a pre or co-requisite

    Note: 3 hours if a student registers for 3 hours and writes a paper that satisfies the Writing Requirement; a student who registers for 2 hours may elect to write a paper or complete a take-home exam.

    Basis of Grade: paper or take-home exam and class participation

    Form of Grade: Letter
  
  •  

    LAWS 641 - Wills, Trusts, and Estates|


    Credits: 3

    Disposition of property upon death by intestacy, by will and by will substitute, including consideration of the related problems of limitations upon the testamentary power and contests of testamentary disposition; interviews disposition of property by gift and trust; brief survey of administration and probate.

    Prerequisites: None

    Note: Second year progression-entry course; 2L priority registration

    Basis of Grade: Final examination

    Form of Grade: Letter Grade
  
  •  

    LAWS 644 - Bankruptcy|


    Credits: 3

    This course will cover the fundamental concepts and terminology of federal bankruptcy law. The course will provide the background necessary for students interested in specializing in bankruptcy and those with other practice interests who wish to become more marketable in a competitive job market. Students will learn to recognize common insolvency issues and to develop strategies for resolving such issues in both consumer and commercial bankruptcy cases. Some class time will be reserved for visits from legal professionals in the community, who will share their experiences in legal practice, including the field of bankruptcy law and other specialties, and offer advice to students about practicing law during this time of recession. Class time will also be reserved for students to attend court hearings during the semester which will require meeting outside of the regularly scheduled time.

    Prerequisites: None, but Secured Transactions recommended.

    Basis of Grade: Final examination

    Form of Grade: Letter Grade
  
  •  

    LAWS 647 - Fiduciary Administration


    Credits: 2

    Survey of the probate of wills, the appointment of Personal Representatives of decedents’ estates, the administration of decedents’ estates (duties and powers of Personal Representatives), and the administration of trusts generally (duties and powers of Trustees). South Carolina emphasis.

    Prerequisites: Wills, Trusts & Estates

    Basis of Grade: Final examination, attendance and class participation

    Form of Grade: Letter Grade
  
  •  

    LAWS 649 - Estate and Gift Tax


    Credits: 3

    Analysis of principles and application of federal estate and gift tax law, regulations and rules effecting (1) various methods for interviews and testamentary transfers including consideration of typical estate planning devises such as gifts, wills, trusts. Insurance, and other death benefits, (2) post-mortem planning, and (3) drafting techniques.

    Corequisites: Wills, Trusts and Estates with permission of instructor

    Prerequisites: Wills, Trusts and Estates

    Basis of Grade: Exam

    Form of Grade: Letter
  
  •  

    LAWS 650 - Estate Planning|


    Credits: 2

    Commercial (practice) software will be used to prepare estate planning documents. The drafting assignments will include simple wills, wills for couples with minor children, wills and trusts that include provisions for the estate marital deduction and GST taxes, health and financial powers of attorney, as well as drafting for the South Carolina elective share. Other issues covered will include consideration of client competence, preparing for will contests, and ethical issues for estate planners. If time permits, the class will draft irrevocable life insurance trusts. Students will work on projects in teams of 2-3.

    Prerequisites:  Wills, Trusts, and Estates

    Note: Income Tax is recommended.

    This course satisfies the professional skills course graduation requirement.

    For first year students entering Fall 2016, this course satisfies the experiential course graduation requirement.

    Basis of Grade: Exam, drafting projects, class participation and attendance

    Form of Grade: Letter
  
  •  

    LAWS 651 - Land Use Planning|


    Credits: 3

    A study of regulation of land use. Topics include zoning, subdivision regulation, and takings. One emphasis of course is on practice in the area. To accomplish this goal, class methodology will include use of problems, based on South Carolina law and on the City of Columbia Code, that will be worked on in teams. In addition, students will be required to attend a total of four meetings of councils/commissions during the semester.

    Prerequisites: None.

    Note: Attending the Four Councils/Commissions meetings may require missing a class/classes in other courses.

    Basis of Grade: Final examination and class participation

    Form of Grade: Letter Grade
  
  •  

    LAWS 652 - Real Estate Transactions I


    Credits: 3

    This is a course on the substantive law of real estate transactions. The key focus of the course will be the law of this state relating to four critically important real estate documents: (1) the contract of sale (2) the deed (3) the mortgage (4) the real estate listing agreement.

    Prerequisites: None

    Basis of Grade: Final examination

    Form of Grade: Letter Grade
  
  •  

    LAWS 653 - Real Estate Transactions II|


    Credits: 2

    An in-depth analysis of advanced level real estate planning and transactional matters with an emphasis on problems, techniques, and solutions. Course coverage may include residential closings (including condominium and planned unit developments), commercial closings, and commercial leases. Course material will also include examination of consumers’ rights in real estate matters, of financing problems and techniques, and of problems and techniques of dealing with default by various parties to the transaction.

    Prerequisites: Real Estate Transactions I

    Note: This course satisfies the professional skills course graduation requirement.

    For first year students entering Fall 2016, this course satisfies the experiential course graduation requirement.

    Basis of Grade: Projects and class participation

    Form of Grade: Letter Grade
  
  •  

    LAWS 654 - Commercial Law


    Credits: 3

    This course is an introduction to the laws that govern the sale of goods and the means by which parties satisfy obligations by payment. The course primarily examines rules and principles codified in Articles 2, 3, and 4 of the Uniform Commercial Code regarding goods transactions, the use of checks and other negotiable instruments as a payment system, the collection process, and the process for allocating losses. Through statutory and case analysis and problem solving, students will develop skills in planning for and resolving disputes involving these issues, as well as the critical skills necessary to evaluate the goals and implications of these laws.

    Note: This course is recommended for 2Ls.

    Basis of Grade: Final examination

    Form of Grade: Letter
  
  •  

    LAWS 655 - Food and Drug Law


    Credits: 3

    Regulating products that account for approximately 25 cents of every consumer dollar expended in the United States annually, the Food and Drug Administration (FDA) is central to protecting and advancing the public health. FDA regulates food, drugs, biologics, medical devices, cosmetics, and tobacco products. This course will examine the federal regulation of products subject to FDA’s jurisdiction, focusing on the regulation of human food, human drugs (prescription and OTC), biologics, and medical devices. It will examine the substantive law as well as FDA’s enforcement power, practice, and procedure. This course will explore the historical development of food and drug law as well as contemporary issues, and examine the public policy considerations which have shaped the law.

    Basis of Grade: Examination and Class Participation

    Form of Grade: Letter
  
  •  

    LAWS 657 - Payment Systems


    Credits: 3

    This course is an introduction to the laws that govern the means by which parties satisfy obligations by payment. The course considers the legal and economic implications of the use of checks and other negotiable instruments as a payment system, including the collection process and loss allocation principles under Articles 3 and 4 of the Uniform Commercial Code. The course also covers federal regulation of funds availability, credit cards, electronic funds transfers and wholesale wire transfers.

    Prerequisites: None

    Basis of Grade: Final examination

    Form of Grade: Letter Grade
  
  •  

    LAWS 659 - Federal Courts|


    Credits: 3

    A study of the role of the federal courts in the operation of the federal system. The course is designed to cover the constitutional and statutory role of federal courts, including their relationship to other branches of the federal government, the interplay of federal and state law, and the distribution of judicial power between federal and state courts. Specific topics to be covered include, Congressional Power to control Federal Jurisdictional, supplemental and Removal Jurisdiction, Jurisdictional Amount, State Sovereign Immunity, Absention, the Anti-Injuction Act and current Concepts of Federalism. If time permits, the course will also cover Habeas Corpus and Civil Rights Removal.

    Prerequisites: None

    Basis of Grade: Final examination

    Form of Grade: Letter Grade
  
  •  

    LAWS 662 - Islamic Law


    Credits: 2

    Though often maligned and misunderstood, Islamic law is one of the longest enduring and most widely subscribed systems of law in the world. This course will give students a firm grounding in the sources, principles, concepts, and terminology of Islamic law as well as an in-depth review as to its history and role in the contemporary era.

    Students will gain practical insights into the sources and constructs of this religious-based legal system, including the substantive difference between Islamic Shari’ah and Islamic jurisprudence, as well as an in-depth analysis of the Qur’an, the Tradition of the Prophet Muhammad, as well as the various rational constructions devised by jurists and eminent legal scholars, the Islamic schools of law, differences between Shi’i and Sunni Islamic law, the historical demise and the modern resurgence of Islamic law, and Islamism as well as examination in the context Islamic fundamentalism, the law of war and modernism.

    Finally, students will gain an in-depth understanding of selected aspects of Islamic constitutionalism, Islamic criminal law, and how classical and contemporary Islamic law comports with international human rights law as well other contemporary issues. 

    Basis of Grade: 85% final exam; 15% class participation

    Form of Grade: Letter

  
  •  

    LAWS 663 - Legal and Equitable Remedies


    Credits: 3

    An introduction to litigation theory and strategy through analysis of the various kinds of relief that may be obtained in the courts. Readings and problems will be used to analyze the difference among the various remedies, the theories upon which they are based, and their appropriateness in protecting specific legal interests. Problems of choice among remedies will be emphasized as a key factor in practical litigation strategy.

    Prerequisites: None

    Basis of Grade: Final examination

    Form of Grade: Letter Grade
  
  •  

    LAWS 664 - Forest and Natural Resources Law


    Credits: 3

    This course explores the law and policy governing use and conservation of natural resources, such as forests, minerals, water, and wildlife. Natural resources laws and policies must balance conservation, environmental objectives, economic development, recreational use, and other priorities among various groups of users and between current and future generations. In doing so, they incorporate insights from science, economics, politics, and ethics.  While legal regimes differ greatly, similar issues arise on both public and private lands.

    In studying this body of law, the course will focus on a single ecosystem - forests, particularly privately-owned forests in the Southeast US. This focus allows the wide variety of relevant legal tools to be explored in a consistent context, and avoids substantial overlap with courses covering specific areas of natural resources law (such as Water Law and Energy Law). The theories and doctrines studied will, however, have applications beyond forests and beyond the Southeast. In particular, we will study the National Forest Management Act, Endangered Species Act, and common law doctrines such as trespass, nuisance, and easements (including conservation easements).  As part of our study, we will also examine theories of natural resources problems, including the tragedy of the commons, and solutions, including regulation and privatization.

    The course is relevant and useful for students interested in environmental law as well as private real estate practice - the course will consider the implications of natural resources law for both long-term environmental goals and individual land transactions and management practices.

    Note: Students who have taken Environmental Law of Natural Resources may not enroll in this course.

    Basis of Grade: Class participation, short writing assignments, and final exam

    Form of Grade: Letter

  
  •  

    LAWS 665 - International Trade Law|


    Credits: 2/3

    This course focuses on the law of international trade, sometimes also called international economic law, which is a specialized area of public international law of growing importance because of economic groupings like NAFTA (representing a regional free trade area approach) and the WTO (representing the worldwide multilateral free trade approach) as well as foreign direct investment law. The world is in the early stage of another multilateral trade liberalization round (aka the Doha Round), and beyond existing law we shall look at how things are shaping up. This course will be taught using website materials (no book). This will be a shared video conferenced course taught together with foreign universities to make you work through trade law problems together with foreign students.

    Prerequisites: None.

    Note: This course satisfies the perspective course requirement. It may be taken for 3 credit hours and satisfaction of the graduation writing requirement with the prior permission of the instructor.

    Basis of Grade: Paper

    Form of Grade: Letter Grade
  
  •  

    LAWS 666 - International Environmental Law


    Credits: 2/3

    Environmental concerns transcend national borders, but present distinctly different issues to differing groups of countries in an area where soft law predominates. This course looks at the nature of the international law process in the area (with its limited number of treaty and substantive law principles), economic perspectives on natural resource usage, state sovereignty and abiding tensions between industrialized and developing countries concerning pollution problems (beyond prohibitions, to technology transfer and the who pays question). Since established law is minimal, this course examines the public international law framework for international environmental law de lege ferenda .

    Prerequisites: None

    Note: Satisfies the Perspective Course requirement. Students may elect to satisfy the writing requirement with instructor’s permission. An overnight out-of-town field trip may be required.

    Basis of Grade: Final examination and tutorials or paper

    Form of Grade: Letter Grade
  
  •  

    LAWS 667 - Designing Access to Justice Technology Externship


    Credits: 2

    For students interested in consumer law, elder law, or landlord-tenant law: learn how to make the law more accessible and useful for ordinary people. Students will work 8-10 hours per week as part of a technology initiatives project to develop scripts for guided interviews, training videos, and other online resources for self-represented litigants and pro bono lawyers. Software skills not required. The work will consist of substantive legal research; the observation of related proceedings in Magistrate or Probate Court; the translation of legal requirements and concepts into plain language; and the design and testing of online resources for lawyers and self-represented litigants. Students will work with the lead lawyer on the project, as well as the IT specialist and web content manager at South Carolina Legal Services. Students will also meet periodically with a faculty member to reflect upon their experience and learn about new developments in substantive legal technology.

    Corequisites: Problems in Professional Responsibility

    Prerequisites: Professional Responsibility or Problems in Professional Responsibility

    Note: Students must submit a contemporaneously maintained daily journal of their experience, along with a description and example of the resources developed during the externship. The fieldwork supervisor will also complete an evaluation of the student’s performance.

    Basis of Grade: The final grade will be determined by the professor, based upon evaluation submitted by the fieldwork supervisor and a determination by the faculty member that all other requirements of the externship have been satisfactorily completed.

    Form of Grade: Letter
  
  •  

    LAWS 668 - Liberty Seminar


    Credits: 2

    This seminar examines a difficulty at the heart of the Constitution’s commitment to liberty: how can we reconcile majority rule with individual rights? That is to say, how can we curtail our ability to govern ourselves as part of a community or our right to be free of interference in how we choose to live our own lives without sacrificing an important part of our freedom? To see whether there is any principled basis for limiting either collective judgment or individual liberty, students will review some of the more prominent arguments of political philosophy, paying particularly close attention to the writings of two great champions of liberty, John Stuart Mill and Isaiah Berlin. They will then examine competing conceptions of liberty as they relate to a number of specific legal topics, which may include the following: whether a patient has a right to assisted suicide; the ability of the majority to regulate or forbid certain sexual practices; the arguments for and against campaign finance reform; and the role of the business corporation in a free society.

    Prerequisites: None

    Note: This course satisfies the perspective course requirement, but does not satisfy the graduation writing requirement.

    Basis of Grade: Response papers, class participation, and final paper

  
  •  

    LAWS 671 - Evidence|


    Credits: 3

    Preparation and presentation of various kinds of evidence, including: proof of writings; qualifications and examination of witnesses; privilege; opinion testimony; demonstrative, experimental, scientific evidence; determination of relevancy; and application of the hearsay rule.

    Prerequisites: None

    Note: Second year progression-entry course; 2L priority registration

    Basis of Grade: Final

    Form of Grade: Letter Grade
  
  •  

    LAWS 672 - Public Health Law


    Credits: 2

    This course focuses on legal issues relating to the different methods states and the federal government can use to promote public health. Students will examine the constitutional framework that guides state action and will examine in depth the relationship between federal, state and local governmental entities in the nation’s public health infrastructure. The course will examine current legal challenges in connection with the protection of public health, as well as historic problems and responses. Topics may include regulatory and other legal responses to bioterrorism, STDs, smoking, and obesity, as well as laws designed to provide access to preventive health services.

    Prerequisites:   None (Health Law and Policy is recommended, but not required)

    Basis of Grade: Examinatioin

    Form of Grade: Letter
  
  •  

    LAWS 674 - Health Law: Finance and Organization


    Credits: 2/3

    This course focuses on the business of health care and the laws that impact health care business enterprises, including the tax laws governing tax-exempt organizations, the antitrust laws, and the fraud and abuse laws. The course will also examine how health care is funded and regulated through both private and public insurance, including Medicare and Medicaid. The class will do problems for each reading assignment, some in groups and some individually.

    Prerequisites:

    Health Law and Policy



    Note: Students who elect to take this course for three (3) credits will write a paper that meets the writing requirement.

    Basis of Grade: In addition to problems, this is a paper course and students will be expected to draft an in-depth memorandum analyzing an issue related to one of these areas of the law. The specific topic will be up to the student.

    Form of Grade: Letter
  
  •  

    LAWS 675 - Advanced Evidence: Law and Strategy


    Credits: 2

    All great trial lawyers enjoy a mastery of the law of evidence, both its academic theory and its practical strategy. This course puts students on the path to that mastery by teaching the advanced academic theories of evidence, and by instilling the habits and principles of sound strategic thinking about real evidence problems. Students will learn to analyze complex evidentiary issues correctly, using the conceptual structure of the law of evidence. Graduates of this class will be able to recognize and solve evidence problems with the highest level of structured academic analysis, complemented by an instinctive knack for practical courtroom strategy.

    Prerequisites: Evidence

    Basis of Grade: Examination

    Form of Grade: Letter
  
  •  

    LAWS 676 - Health Law and Policy|


    Credits: 3

    This introductory health law and policy course surveys current regulatory schemes governing the provision of healthcare. The class focuses on major themes such as quality of care, access to care, cost containment and the role of the public health. The goal of this course is to familiarize students with the laws and recurrent policy concerns that arise in health law by analyzing a broad spectrum of health law areas. Areas studied include malpractice, the provider-patient relationship, informed consent, the regulation of healthcare facilities, the regulation of health insurers and managed care providers, Medicare/Medicaid, and the power of the state during a health emergency.

    Prerequisites: None

    Basis of Grade: TBA

    Form of Grade: Letter
  
  •  

    LAWS 679 - Trial Advocacy|


    Credits: 2

    An in-depth consideration of the skills of the trial lawyer ranging from trial preparation to litigation strategy. Students are trained in direct examination, cross examination and other litigation oriented skills.

    Prerequisites: Evidence

    Note: This course satisfies the skills course graduation requirement. Students who take this course cannot take Intensive Trial Advocacy.

    For first year students entering Fall 2016, this course satisfies the experiential course graduation requirement.

    Basis of Grade: Class exercises

    Form of Grade: Pass/Fail
  
  •  

    LAWS 680 - Technology Law: Law of the Newly Possible


    Credits: 2/3

    This course examines how law responds to, incorporates, and affects the development of new technologies. The seminar addresses questions of risk and regulation from both public and private perspectives. It considers a range of currently emerging technologies as well as historic innovations that offer insights into anticipating and resolving key legal and policy tensions. Readings will be excerpted from source documents, academic and technical literature, and current drafts of bills and standards. All students will be expected to actively contribute during class and to critically reflect through regular response papers.

    Note: Satisfies the perspective requirement. If taken for three credits (which entails an assignment beyond the regular response papers), it also satisfies the writing requirement.

    Basis of Grade: Response Papers and class participation

    Form of Grade: Letter
  
  •  

    LAWS 681 - Criminal Trial Practice|


    Credits: 2

    Understanding of the practical problems that arise in criminal cases; criminal investigation, pleadings and motions practice, criminal evidence, preliminary hearings, appeals, jury selection, discovery, trial practice, and other related issues.

    Prerequisites: Criminal Procedure, Evidence

    Note: This course satisfies the skills course graduation requirement.

    For first year students entering Fall 2016, this course satisfies the experiential course graduation requirement.

    Basis of Grade: Class performance in trial situations

    Form of Grade: Pass/Fail
  
  •  

    LAWS 682 - Legal Writing for the Courts


    Credits: 3

    This course will concentrate on format, organization, analysis and written expression of thought in a variety of documents which the students will prepare in the context of writing for a hypothetical appellate judge and court. The documents will include materials to support an application for a judicial clerkship, a bench brief, a pre-conference memorandum, an opinion for the court, a dissenting opinion, and editing exercises. The instructor will provide advice and individual comments tailored to each student’s writing style.

    Note: Students may elect to satisfy either the skills graduation requirement or writing graduation requirement, but not both.

    For first year students entering Fall 2016, students taking this course may elect to satisfy either the graduation writing requirement or the experiential course graduation requirement, but not both.

    Basis of Grade: A series of writing assignments

    Form of Grade: Letter
  
  •  

    LAWS 683 - Appellate Advocacy|


    Credits: 3

    An intensive study of appellate litigation with a view to developing appellate practice skills, including formulation of strategies on appeal, use of the appellate record, brief writing, and oral advocacy. The course will focus on South Carolina appellate practice although federal practice will be included. Emphasis will be placed on individual learning and development.

    Note: In the spring semester 2L members of the moot court board will be given priority. This course satisfies the skills course graduation requirement.

    For first year students entering Fall 2016, this course satisfies the experiential course graduation requirement.

    Basis of Grade: Written and oral assignments, class discussion and individual critique

    Form of Grade: Letter Grade
  
  •  

    LAWS 684 - Environmental Law of Natural Resources|


    Credits: 3

    Natural resources laws are meant to ensure, among other things, that wildlife and fisheries are managed sustainably; that fresh water is conserved and allocated fairly; that endangered species are recovered to healthy populations; and that public and private lands provide a wide range of goods and services. Meeting these important objectives means resolving conflicts among various user groups and between current and future generations of users. There are a number of reasons why resolving these conflicts is both challenging and politically charged. Incomplete science often prevents government agencies from accurately assessing the current status of natural resources and predicting how potential future actions will affect them. Psychological traits such as optimism and loss aversion often prevent resource users from even acknowledging that there is a problem in the first place. New laws must often overcome long-standing cultural beliefs and traditions that evolved in the context of fewer resource demands. Finally, natural resource issues are characterized by the inherent political economy problems that arise when difficult-to-represent interests like the environment and future generations are involved. In this course we will study the ways that federal laws, including the Magnuson-Stevens Fishery Conservation and Management Act, the Marine Mammal Protection Act, the Endangered Species Act, and the National Forest Management Act, attempt to conserve and allocate natural resources. As part of our study, we will also examine theories of natural resources problems, including the tragedy of the commons, and solutions, including regulation and privatization.

    Prerequisites: None

    Note: Students who have taken Forest and Natural Resources Law may not enroll in this course.

    Basis of Grade: Final examination, short writing assignments and class participation

    Form of Grade: Letter Grade
  
  •  

    LAWS 685 - Serving the Court: Judicial Clerkships


    Credits: 2

    This class will focus on the role, duties, and conduct of law clerks. You will learn how clerks should conduct themselves, maintain an appropriate relationship with the judge and other participants in the legal system, and the type of work clerks perform. The class will offer instruction on how to understand and deal with the court docket of cases and motions, how to properly analyze cases (through case study with intensive analysis and extensive  class discussion), how to write succinct and useful bench memos, and how to organize and draft opinions/orders for a court.  The course will include speakers to include: judges (both federal and state), clerks, and others who will broaden your perspective and offer you advice if you decide to pursue a clerkship. The class will involve a very high level of classroom participation and out of class work.

    Note: Students who have taken Legal Writing for the Courts may not enroll in this course.

    Basis of Grade: Class participation, Writing assignments.

    Form of Grade: Letter
  
  •  

    LAWS 686 - The Future of the Legal Profession


    Credits: 3

    This course examines new models for the delivery of legal services and the professional and regulatory challenges-and opportunities-such models create. It begins by analyzing U.S. lawyers’ monopoly over the “practice of law” and comparing the U.S. regulatory framework to regulatory frameworks in other countries. It then surveys innovations in legal information technology and the expanding role of non-lawyer providers in both high-tech and low-tech settings, with each class built around case studies of specific companies, products, and providers. Each student will write a case study within the first six weeks of the course, plus a final, analytical paper that builds on the case study. Readings and comments for the final sessions will be organized around student topics.

    Prerequisites: Professional Responsibility or Problems in Professional Responsibility

    Note: This course satisfies the graduation writing requirement.

    Basis of Grade: Weekly comments, case study, and final paper

    Form of Grade: Letter
  
  •  

    LAWS 687 - Fourth Circuit Practice


    Credits: 2

    This course will concentrate on appellate practice before the United States Court of Appeals for the Fourth Circuit. It will focus on the proper way to prepare, present, and argue cases before that Court. Some time will be spent on rules and procedures for the Fourth Circuit, but the main emphasis will be effective advocacy before a federal appeals court.

    Note: This course satisfies the professional skills course graduation requirement.

    For first year students entering Fall 2016, this course satisfies the experiential course graduation requirement.

    Basis of Grade: Written and oral assignments, class discussions and individual critique

    Form of Grade: Letter
  
  •  

    LAWS 688 - Topics in Insurance Law


    Credits: 2

    This course is designed to focus upon routine areas of insurance practice and timely statutory and common law updates. Although national standards are surveyed, the course work will focus upon State of South Carolina insurance rules, procedures, and issues. The course is not designed to provide a comprehensive study of all possible areas of insurance law or all possible insurance issues addressed upon the South Carolina Bar examination.

    Basis of Grade: Final Examination

    Form of Grade: Letter
  
  •  

    LAWS 689 - Construction Law and Litigation


    Credits: 2

    This course covers the substantive issues that arise in litigation concerning major public and private construction projects. The course addresses the rights and liabilities of owners, lenders, prime contractors, subcontractors, suppliers, sureties, insurers, and design professionals arising under contracts, statutes, professional liability and certain business related torts such as misrepresentation. The course also address the use of litigation, arbitration, and mediation to resolve construction disputes.

    Prerequisites: None

    Note: This course will be of interest to students interested in a career in state or federal government, construction contracting and litigation, or business litigation. Students with background in engineering, architecture, or construction management are encouraged to enroll.

    Basis of Grade: Final examination

    Form of Grade: Letter Grade
  
  •  

    LAWS 690 - Products Liability


    Credits: 3

    A study of the law governing legal responsibility for losses caused by defective products.

    Prerequisites: None

    Basis of Grade: Final examination

    Form of Grade: Letter Grade
  
  •  

    LAWS 691 - Russian Law and the Legal System|


    Credits: 3

    This course addresses the emergence of post-soviet law in Russia. The course covers the evolution of Russian law through the present stressing the current Civil and Criminal Codes, Civil and Criminal Procedure, and Constitutional Law.

    Prerequisites: None

    Note: Course satisfies graduation writing requirement and graduation perspective course requirement.

    Basis of Grade: Paper

    Form of Grade: Letter Grade
  
  •  

    LAWS 693 - Technology and the Practice of Law


    Credits: 2/3

    This skills workshop will study the technologies used in practicing law, analyzing the ethical and other legal issues created by their use. Students will learn about current and future technologies and best practices in using them. Much of the learning will be hands-on in the computer lab. A number of practicing lawyers and technology experts will share their knowledge and experience. The American Bar Association has adopted the proposal of its 20/20 Commission on Ethics that the Model Rules of Professional Conduct be amended to specifically require lawyers to be techno­ logically proficient. “Maintaining Competence. To maintain the requisite knowledge and skill, a lawyer should keep abreast of changes in the law and its practice, including the benefits and risks associated with relevant technology. Cloud computing, internet hacking and government snooping, email, networked computers, flash drives, electronic signatures, smart phones, tablet computing, and ubiquitous public wi-fi net­ works all create legal and ethical issues and challenges for lawyers. Study materials will include cases, ethics opinions, statutes, and regulations.

     

    Prerequisites: Professional Responsibility or Problems in Professional Responsibility

    Note: Students may take this course for three credits if they successfully complete the Legal Technology Audit program. Students may not earn three credits in both this course and Internet Confidentiality and Cybersecurity for Lawyers and Firms.

    This course satisfies the professional skills graduation requirement.

    For first year students entering Fall 2016, this course satisfies the experiential course graduation requirement.

    Basis of Grade: Class participation and projects.

    METHODOLOGY: The workshop will meet for two hours a week. Class meetings will include lectures, demonstrations, hands-on experience, case studies, projects, discussion and tech expert presentations.

    Form of Grade: Letter

  
  •  

    LAWS 695 - Insurance|


    Credits: 2

    The purpose of this course is to impart to the student an understanding of basic insurance law, policy analysis, and the practical problems faced by the insurance industry, courts, attorneys and insurance regulators.

    Prerequisites: None.

    Basis of Grade: Final examination

    Form of Grade: Letter Grade
  
  •  

    LAWS 697 - S.C. Worker’s Compensation


    Credits: 2

    Historical background of Worker’s Compensation Legislation; Rights of workers and dependents; injuries within worker’s compensation law; employers and employees covered under the South Carolina Act; disability benefits; death or dependency benefits; common law actions; miscellaneous provisions of the South Carolina procedure, practice and appeals in compensation cases.

    Prerequisites: None

    Basis of Grade: Final examination

    Form of Grade: Letter Grade
  
  •  

    LAWS 698 - Food Fights: Current Issues in Food Law and Policy


    Credits: 2

    This seminar will offer students an opportunity to study contemporary topics and issues in food law and policy.  Students will critically examine the laws and policies that structure and shape the production, processing, transport, and consumption of food in the United States. They will also examine the consequences of these laws and policies for our food system.

    Topics covered may include genetically modified foods, meat and poultry, the U.S. Department of Agriculture’s child nutrition programs, food allergens, cottage food, craft beer, food trucks, and farmers markets. Through the selected topics students may examine public health, food safety, nutrition, obesity, food scarcity, and First Amendment issues.

    Basis of Grade: A series of short papers, a in-class presentation, and class participation

    Form of Grade: Letter

 

Page: 1 | 2


Contract All Courses |