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2018-2019 School of Law Bulletin
University of South Carolina
   
2018-2019 School of Law Bulletin 
    
 
  May 05, 2024
 
2018-2019 School of Law Bulletin [Archived Catalog]

Course Descriptions


 
  
  •  

    LAWS 730 - Legislative Externship|


    Credits: 2

    Students will work under the supervision of a lawyer-legislator for 8-15 hours per week to evaluate whether proposed legislation might violate constitutional requirements or create unintended ambiguities or conflicts in the law. Students will be assigned actual bills to evaluate, will research any potential legal issues raised by the legislation, and prepare a written report on each bill assigned, setting forth the results of the research. Work will be assigned on a bi-partisan basis, and students will be asked, in appropriate circumstances, to draft alternative language that would eliminate an identified problem, while still achieving the purpose of the proposed legislation. The student’s work-product will be submitted to the supervising lawyer-legislator. In addition to work supervised by a lawyer-legislator at the State House, students will meet as a class regularly through the semester with their professor for directed reflection upon their field experiences.

    Corequisites: Problems in Professional Responsibility

    Prerequisites: Problems in Professional Responsibility is pre or co-requisite. Also note that Professional Responsibility is a prerequisite.

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

    Basis of Grade: Written assignments and evaluation by fieldwork supervisor

    Form of Grade: Pass/Fail
  
  •  

    LAWS 731 - Environmental Law & Policy


    Credits: 3

    This is an introductory course in environmental law. The purpose is to give interested students a background in a number of federal environmental statutes, including NEPA (National Environmental Policy Act) CERCLA (Comprehensive Environmental Response, Compensation and Liability Act) ESA (Endangered Species Act) and CWA (Clean Water Act).

    Prerequisites: None

    Basis of Grade: Exam

    Form of Grade: Letter
  
  •  

    LAWS 732 - Sales


    Credits: 3

    This course examines Uniform Commercial Code Article 2 governing sales of goods and Article 2A governing leases of goods. Through statutory and case analysis and problem solving, students will develop skill in planning for and resolving disputes involving transactions in goods, as well as the critical skill necessary to evaluate goals of the law of sales and leases of goods.

    Prerequisites: None

    Basis of Grade: Final examination

    Form of Grade: Letter Grade
  
  •  

    LAWS 733 - International Human Rights Skills


    In this course, students will act as human rights attorneys in simulations advocating for governmental remedies for human rights violations.  Students will: research international, regional, and other countries’ laws; analyze a human rights issue in another country; conduct mock interviews; strategize as to what judicial and non-judicial avenues are best pursued to achieve the desired result; draft sections of a policy and legislative advocacy report; and participate in a simulated hearing before a panel of policy-makers.  Through this course, students will: gain a better understanding of the international human rights system and the methods used by the human rights movement; improve their written and oral advocacy skills; gain or improve upon their interviewing and fact-finding skills; and gain an understanding of how to perform international and comparative law research and analysis.

    Note: Course satisfies the perspective and professional skills graduation requirements.

    Basis of Grade: Class attendance and participation; written and oral assignments.

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

    Form of Grade: Letter
  
  •  

    LAWS 734 - Climate Change Seminar


    Credits: 2/3

    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 developed economies. Throughout, we will discuss the uniquely difficult challenges climate change creates for institutions, society, and the legal system.

    Prerequisites: None, but Envi ronmental Law, International Environmental Law, or Energy Law are recommended.

    Note: This course qualifies as a perspective course. If taken for three credits, it satisfies the writing requirement.

    Basis of Grade: Class Participation, Class Presentation, and Paper (2 credits: series of response papers; 3 credits: research paper, 30-page minimum)

    Form of Grade: Letter
  
  •  

    LAWS 735 - Advanced Environmental Law Seminar


    Credits: 2/3

    This seminar addresses topics in environmental law that go beyond those covered in first- and second-level courses in the environmental law curriculum (Environmental Law, Administrative Law, Water Law, Coastal Law, Natural Resources Law, Energy Law, etc.). The specific topics covered will vary from year to year, but may include recent or ongoing environmental litigation, new or proposed legislation, and/or issues of current public debate. Students will read and discuss secondary and original documents related to the issues discussed, including judicial opinions, appellate briefs, and Federal Register notices of rulemaking.

    Prerequisites: At least one other course related to environmental law (e.g. Environmental Law, Water Law, Energy Law, Administrative Law, etc.), or permission of the professor.

    Note: This course satisfies the perspective course graduation requirement. If taken for three credit hours, it also satisfies the writing requirement.

    Basis of Grade: Class participation and response papers; if the class is taken for three credits, an original paper sufficient to meet the writing requirement.

    Form of Grade: Letter
  
  •  

    LAWS 737 - Civil Rights Seminar


    Credits: 2/3

    This course focuses on federal civil rights relating to employment, education, housing, voting, and affirmative action. The course will survey the major issues and legal protections in each of these substantive areas, which includes laws relating to discrimination based on race, gender, disability, language status, and familial status. Students will examine the constitutional and statutory frameworks for addressing these issues, as well scholarly theories by which to critique them.

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

    Basis of Grade: Final Paper. Students electing 3 credits will write a paper that meets the graduation writing requirement. Students electing 2 credits will write a shorter paper.

    Form of Grade: Letter
  
  •  

    LAWS 740 - Voting Rights Seminar


    Credits: 2

    A survey of the protections afforded the right to vote by the U.S. Constitution and the Voting Rights Act.  The course includes examination of the major Supreme Court cases involving access to the ballot and malapportionment. Primary emphasis will be on racial discrimination in voting under the 14th and 15th Amendments and Sections 2 and 5 of the Voting Rights Act.
     

    Basis of Grade: Paper plus credit for strong class participation

    Form of Grade: Letter
  
  •  

    LAWS 741 - Carolina Health Advocacy Medicolegal Partnership Clinic


    Credits: 6

    The CHAMPS Clinic is a collaboration of the School of Law, the USC School of Medicine, Palmetto Health, Palmetto Health-USC Medical Group, and South Carolina Legal Services.  It will provide students with the opportunity to engage in interdisciplinary learning and community engagement in the context of live-client legal cases.  More specifically, students will take legal cases on behalf of low income families referred from Palmetto Health and Palmetto Health-USC Medical Group.  These cases will address the social-determinants of clients’ health.  The law students will work collaboratively on these legal cases with doctors, social workers and other health professionals.  In addition to case work, the course will have a seminar component during which students will learn the doctrine, theory, lawyering skills, and policy relevant to their case work.  The seminar will also provide the students opportunities to lead discussions about case-related issues and solicit feedback from colleagues on those issues. 

    Corequisites: Problems in Professional Responsibility

    Prerequisites: Evidence and Professional Responsibility or Problems in Professional Responsibility

    Note: This course satisfies the professional skills graduation requirement.

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

    Basis of Grade: Students will be graded on
    • Case work, including professional habits and the development of lawyering skills and identity
    • Reflection essays
    • Interdisciplinary collaboration

    Form of Grade: Letter
  
  •  

    LAWS 745 - Drafting Business Agreements


    Credits: 3

    This course will introduce students to the skill of translating a business deal into contract concepts including representations, warranties, covenants, rights, and conditions. Additionally, the course will familiarize students with the fundamental building blocks of a contract. Those building blocks include recitals; definitions; action and payment provisions; license grants and other substantive provisions; termination and breach provisions; and general provisions, such as assignment and delegation, severability, and governing law. Students will learn and practice techniques for effectively drafting, reviewing, and commenting on contracts in light of the parties’ objectives and a client’s attitude towards risk.

    Note: Satisfactory completion of this course satisfies the professional skills requirement. Students who have taken Introduction to Drafting Business Agreements and Drafting Business Agreements workshop may not enroll in this course.

    Basis of Grade: Series of Drafting Assignments

    Form of Grade: Letter
  
  •  

    LAWS 747 - Water Law and Policy


    Credits: 3

    This course will study how society allocates and protects its most crucial natural resource — water. The emphasis will be on current legal and policy debates, although we will also examine the history of water development and politics in the United States. Among the many issues that we will consider are: alternative means of responding to the growing worldwide demand for water; the appropriate role for the market and private companies in meeting society’s water needs; protection of threatened groundwater resources; environmental limits on water development; wetlands law; and interstate water disputes.

    Basis of Grade: Mid-term and final exam

    Form of Grade: Letter
  
  •  

    LAWS 748A - In-House Counsel Externship


    Credits: 2

    Students will spend a significant amount of time (10 hours per week during fall or spring) at their placement. Placements would typically include general counsel offices in universities, hospitals, public utilities, and private corporations. Students will have the opportunity to strengthen their legal writing, research and analytical skills by assisting in various projects like the preparation of materials such as employee handbooks, memoranda of understanding, and compliance documents. The students may also have the opportunity to observe contract negotiations, interviews with employees and possibly discussions with outside counsel. An attorney in each office will be responsible for overseeing student experience in the office. The In-House Counsel Externship will expose students to how those offices function and what impacts in-house counsel to decide whether to manage certain issues or seek outside counsel. Further, students will have the opportunity to observe the attorneys role on the organization and the relationship between the attorney and “client.”

    Corequisites: Problems in Professional Responsibility

    Prerequisites: Problems in Professional Responsibility or Professional Responsibility

    Note: The fieldwork supervisor will complete an evaluation of the student’s performance. The final grade will be determined by the instructor, based upon the evaluation submitted by the fieldwork supervisor, the quality of the student’s written submissions, participation in the class sessions, and a determination by the instructor that all requirements of the externship have been satisfactorily completed.

    Basis of Grade: Journal; Example of written product or a short reflective paper on professional experience; and a brief presentation to the class

    Form of Grade: Letter
  
  •  

    LAWS 751 - Education Rights Clinic


    Credits: 6

    The Special Education Clinic helps special-needs children and their families get access to equal educational opportunity.  The clinic handles legal issues ranging from disability eligibility and entitlement to services, to developing adequate Individualized Education Programs and discipline matters.  Law students will begin to develop a variety of legal skills including: interviewing clients, fact investigation, legal research and analysis, case strategy, negotiations, as well as participate in mediation and possibly litigation proceedings.

    Prerequisites: Evidence and Professional Responsibility (can be taken as a co-requisite)

    Note: Students must be in their third year and must be eligible for certification under the Student Practice Rule (Rule 401). Students must apply through the clinic lottery process. See specific instructions and forms for Lottery registration in the preregistration materials. This course satisfies the skills course graduation requirement and Children’s Law Concentration requirement.

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

    Basis of Grade: Performance on casework, class exercises and participation

    Form of Grade: Letter
  
  •  

    LAWS 752 - Domestic Violence Clinic


    Credits: 6

    This course will train students to assume the role of lawyer and introduce them to domestic violence law and practice.  Through classroom discussion, simulations, assigned readings, client representation, and community-based projects, the course will cover central concepts of laws governing civil injunctive remedies for intimate partner abuse, including orders of protection, restraining orders, and permanent protection orders, as well as related relief, such as custody and visitation, child support, and crime victims’ compensation.  Students will apply their substantive knowledge by representing clients seeking these forms of relief.  Through client representation, students will have an opportunity to develop legal skills including: interviewing, counseling, fact investigation, legal research, writing, and analysis, case strategy, negotiation, and courtroom advocacy, as well as professional and life skills relating to legal practice.  The course also will give students an opportunity to consider the broader context of their individual cases through class discussion and community-based projects, which may include know-your-rights presentations, limited advice and assistance clinics, and policy research.  In some semesters, students may have the additional opportunity to represent clients in administrative matters related to their experience of domestic violence, such as in applying for affirmative immigration remedies or parole.  All student work on cases and community based projects will be completed under the supervision of a clinical professor.



    Corequisites: Problems in Professional Responsibility

    Prerequisites: Evidence and Professional Responsibility or Problems in Professional Responsibility (can be completed as a co-requisite); in addition, students must be in their third year and must be eligible for certification under the Student Practice Rule (Rule 401).

     

    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: Students will be graded on their performance on casework and community­ based projects, as well as their participation in class discussions and exercises.

    Form of Grade: Letter Grade

  
  •  

    LAWS 754 - Advanced Trial Advocacy|


    Credits: 2

    This course will build on the skills learned in basic trial advocacy courses. Focus will be on more complex advocacy problems. Areas covered will include direct and cross examination, qualifying and examining expert witnesses, problems in jury selection, trial motions, offers of proof, and other means of preventing or preserving trial error. Other topics will include use of demonstrative evidence, including foundations for sophisticated exhibits, and the taking and use of depositions and other discovery at trial.

    Prerequisites: Trial Advocacy and Evidence

    Note: 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: Performance on simulations and class participations

    Form of Grade: Letter Grade
  
  •  

    LAWS 756 - Regulation of Vice


    Credits: 2/3

    This seminar is an advanced course in criminal law that takes an in-depth look at the legal regulation, particularly the criminalization, of vice. The purpose of the course is to providestudents with an understanding of and the ability to apply criminal law theory through a survey of six categories of vice: gambling, alcohol, illicit drugs (both marijuana and other drugs), nontraditional sex, prostitution, and pornography. For each category of behavior, students will review historical regulation, discuss contemporary legal regimes, and consider the justifications for continued criminalization and the expected benefits and costs of alternative methods of regulation. Through readings, guest speakers, and moderated in-class discussions, students will engage with both descriptive and normative questions about the regulation of vice.

    The course will meet once per week for two hours. Students may choose to take the course for 2 or 3 credit hours. Students who enroll in the 2 credit hour course are responsible for an in-class presentation and three one-page response papers during the semester and a ten-page research paper at the end of the semester.  Students who enroll in the 3 credit hour course are responsible for an in-class presentation and three one-page response papers during the semester and a thirty-page research paper at the end of the semester.  The three credit hour version of the course will satisfy the upper level writing assignment.



    Prerequisites: Criminal Law

    Note: Qualifies as a perspective course; can satisfy the writing requirement if course is taken for three credit hours.

    Basis of Grade: 70% written work,15% in-class presentation,15% participation

    Form of Grade: Letter
  
  •  

    LAWS 757 - Criminal Practice Clinic|


    Credits: 4

    The clinic will afford participating students an opportunity to gain first-hand, closely supervised training and experience in the representation of real clients and the practice of the arts/skills of litigation planning, client counseling, fact development, negotiation and courtroom advocacy. The vehicle for such training and experience is the planning, preparation and presentation of the legal defense in actual cases involving allegations of criminal conduct. All casework will be done under the supervision of a clinical professor. In addition to the cases there will be assigned readings, lectures, discussions, and demonstrations. Criminal Practice Clinic places emphasis on jury trial practice before the Municipal Court for the City of Columbia.

    Prerequisites: Evidence and Criminal Procedure, Students must have taken or be enrolled in Professional Responsibility or Problems in Professional Responsibility.  

    Note: Subject to Client Contact Clinic Lottery. Limited to 3Ls. 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: Performance on casework and participation in class discussions and exercises

    Form of Grade: Letter Grade
  
  •  

    LAWS 759 - Family Law|


    Credits: 3

    Analysis of legal requirements and limitations on creation, maintenance and dissolution of family relationships.

    Prerequisites: None

    Basis of Grade: Final examination; the instructor may adjust grades 1/2 letter to reflect class participation.

    Form of Grade: Letter Grade
  
  •  

    LAWS 760 - Transportation Law


    Credits: 2

    Transportation plays a huge role in life and in law. This course generally focuses on a single case study to holistically analyze specific mobility-related legal issues; past topics have included sudden unintended acceleration in motor vehicles, unmanned aerial vehicles, and Robert Moses. In addition to this principal case study, each student typically selects,researches, and ultimately teaches a separate transportation law topic. Through these two parts, students engage with a range of legal and technical source materials to understand how lawyers (as well as legislators, regulators, executives, journalists, advocates, and engineers) confront interdisciplinary issues that affect human lives, challenge technical confidence, and implicate institutional credibility. The course materials introduce students to transportation law, and the broader lessons that emerge from the classroom discussions are intended to serve any attorney who must navigate complexity and confusion

    Note: Qualifies as a perspective course

    Basis of Grade: Final exam, class participation, class preparation

    Form of Grade: Letter
  
  •  

    LAWS 762 - Police Law & Policy


    Credits: 3

    This course explores the roles that police play in our society, the ways in which police agencies and officers are regulated, and how those regulations translate into police policy and officer behavior. While the Fourth, Fifth, and Sixth Amendment govern police investigations-searches, seizures, arrests, and interrogations-much of what the police do does not implicate constitutional concerns. Instead, those actions-including the selection and training of new officers, the management of a police agency, the administrative investigation of misconduct, the imposition of disciplinary measures, and many others-are regulated by a complicated skein of doctrines, statutes, and administrative policies. And those regulations, along with public expectations and perceptions, can meaningfully affect officer behavior, changing the way that a police agency relates to the public and the way that individual officers interact with civilians. This course will examine the historic and contemporary intersection of regulation and behavior, investigating how laws, administrative directives, and other factors can both contribute to and resolve problematic aspects of policing.

    Note: Criminal Procedure is recommended.

    Basis of Grade: Written assignment, observation exercise(s), and participation.

    Form of Grade: Letter
  
  •  

    LAWS 763 - Conflict of Laws


    Credits: 3

    The law relating to transactions or relationships with elements in more than one state: judicial and legislative jurisdiction; federal law and state law; choice of law; recognition and enforcement of foreign judgments; interstate divorce, support, and custody. A review of selected aspects of civil procedure, torts, contracts, property, and family law.

    Basis of Grade: Final exam, class participation will also be considered

    Form of Grade: Letter
  
  •  

    LAWS 766 - Education Law and Policy


    Credits: 3

    This course will consider constitutional, statutory, and policy issues affecting public education at the elementary and secondary levels. Topics include: the history of public schools, public school governance, public school finance and “adequacy” litigation, equal educational opportunity, school disciplinary issues, First Amendment concerns, Due Process concerns, special education, and school choice.

    Basis of Grade: Final examination and/or a series of writing assignments; class participation

    Form of Grade: Letter
  
  •  

    LAWS 769 - Legislative Process


    Credits: 2

    This course will examine the law making process at the state and federal levels from the source of an idea for a legislative proposal through its ultimate publication as a statute. Among the issues addressed will be constitutional parameters limiting legislative power, legislative structure and procedures, legislative advocacy, and regulation of lobbyists. Practical exposure to the legislative process will be gained through guest lecturers.

    Prerequisites: None

    Basis of Grade: Final examination and weekly quizzes

    Form of Grade: Letter Grade
  
  •  

    LAWS 770 - Poverty Law & Policy


    Credits: 2

    The course will examine how law has defined poverty and will assess the adequacy of that definition when measured against the experience of low income people. Throughout the course, we will pay special attention to how living in poverty affects children’s well-being and development and how those effects should be redressed. In addition to considering the treatment of poverty as a constitutional category, we will survey the legal landscape of specific policy sectors: income support, housing, health care, education, and criminal justice.  We will also scrutinize governmental and business practices that victimize and exploit low income people and investigate how such practices can be subjected to legal challenge and legislative or regulatory correction. The course will interrogate how political and ideological forces have shaped the law’s understanding of poverty and will conclude by exploring anti­ poverty activism, particularly the efforts of the poor themselves, and the law reform initiatives associated with such campaigns.



    Note: Qualifies as a perspective course.

    Basis of Grade: Portfolio of response papers

    Form of Grade: Letter Grade
  
  •  

    LAWS 771 - Interviewing, Counseling and Negotiation|


    Credits: 3

    This course provides an introduction to interviewing, negotiation, and counseling in a variety of legal contexts. Emphasis is placed on helping students improve those skills which are essential to accomplish these tasks competently, particularly problem-solving skills.

    Prerequisites: None.

    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: Simulations; out of class assignments; final examination

    Form of Grade: Letter Grade
  
  •  

    LAWS 772 - Juvenile Justice Clinic


    Credits: 4

    The clinic will afford participating students an opportunity to gain first-hand, closely supervised training and experience in the representation of real clients and the practice of the arts/skills of litigation planning, client counseling, fact development, negotiating, and courtroom advocacy. The vehicle for such training and experience is the planning, preparation and presentation of the legal defense of juveniles in cases involving allegations of delinquent (i.e. criminal) conduct, including pre-trial issues, guilt or innocence, and disposition (i.e. sentencing) advocacy. All casework will be done under the supervision of a clinical professor.

    Corequisites: Problems in Professional Responsibility

    Prerequisites: Evidence; Professional Responsibility or Problems in Professional Responsibility.

    Note: Students must be in their third year (December graduates are eligible in the spring semester of their second year) and must be eligible for certification under the Student Practice Rule (Rule 401 of the South Carolina Appellate Court Rules). Students must be available to meet with clients Monday through Friday. Court hearings are most likely scheduled for Tuesdays and Wednesdays. Anyone having questions about the clinic or their eligibility should contact Prof. Gupta-Kagan, Room 131. Students are selected through the Lottery for clinics and professional skills courses. See specific instructions and forms for Lottery registration in the preregistration materials.


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

    Basis of Grade: Performance on casework and participation in class discussions

    Form of Grade: Letter
  
  •  

    LAWS 774 - Mergers and Acquisitions|


    Credits: 3

    This is an advanced course intended for students with a particular interest in business law on the national level. It will address applicable federal and state law (principally that of Delaware) relating to business combinations, both friendly and contested. Included will be coverage of asset acquisitions, mergers, leveraged buyouts, takeover defenses, directors’ duties, and tax and accounting rules peculiar to merger and acquisition activity, among other matters.

    Prerequisites: Business Associatiions

    Basis of Grade: Final examination

    Form of Grade: Letter Grade
  
  •  

    LAWS 776 - International Business Structures


    Credits: 2

    A consideration of legal structures used by US businesses to undertake business outside the US and by foreign entities doing business in the US.  The course uses case studies to examine tax and other legal reasons for choosing particular corporate and other business structures.  Students will consider the strengths and weaknesses of various structures that are used in international business activities involving the trade of goods, technology and services (both outbound from the US and inbound to the US).  

    Prerequisites: Income Taxation; Business Associations

    Basis of Grade: Participation and Papers

    Form of Grade: Letter
  
  •  

    LAWS 777 - Sports Law


    Credits: 2

    Through the use of problems, the Sports Law examines the issues of amateur and professional sports. Particular attention will be given to negotiation and arbitration as they relate to contract formation and as to dispute settlement techniques.

    Basis of Grade: Exam

    Form of Grade: Letter
  
  •  

    LAWS 778 - Entertainment Law|


    Credits: 2

    The course will examine the business and legal principles among several entertainment areas including music, film, television, and literary publishing. Although fundamental copyright issues will be touched on, the course will emphasize the practical aspects of legal representation of individuals, entities, and ideas in the entertainment business.

    Prerequisites: None.

    Basis of Grade: Final examination

    Form of Grade: Letter Grade
  
  •  

    LAWS 780 - Comparative Law


    Credits: 3

    This course is an introduction to comparative legal study, and will cover the common law and civil law traditions, as well as Islamic law, Asian legal traditions, informal law, and mixed legal systems. The course also covers various methodological and theoretical approaches to comparative law, and the history and culture influencing the evolution of various legal systems. The course will go into some detail on the procedural and substantive aspects of different areas of law in various legal traditions, including constitutional law, criminal law, contract law, and family law.

    Note: This course satisfies the perspective course requirement.

    Basis of Grade: Final exam or paper

    Form of Grade: Letter
  
  •  

    LAWS 781 - Gender-Based Violence Seminar


    Credits: 2

    This course will explore U.S. and international legal responses to gender-based violence.   Through classroom discussion, assigned  readings and multi-media materials, and in-depth  exploration  of student-selected paper topics, the course will examine social constructions of gender and their relationship to violence, as well as the historical and contemporary treatment of multiple forms of gender-based  violence  under  the  law, such as trafficking,  forced marriage, intimate  partner violence, rape, sexual harassment, sexual violence within armed conflict, and ritualized practices.



    Basis of Grade: Students will write one 15-20-page paper. Students will submit one substantial draft and give a brief presentation of the paper during in-class workshops. Students will be graded on their first drafts, workshop preparation and performance, and final papers, as well as on their participation in class discussions and workshops.

    Form of Grade: Letter
  
  •  

    LAWS 783 - Law and the Urban/Rural Divide


    Credits: 2

    This seminar takes an in-depth look at the segment of the country known as “Rural America” through a law and policy lens.  The purpose of the course is to provide students with an understanding of how law, policy, and place interact both in a theoretical sense and in ways that affect legal practitioners. Students will critically analyze the differences between ”urban” and “rural” places, with a focus on local government, criminal, and land use law, access to justice, and socioeconomic issues such as class, race, and livelihoods.  Students will also develop a deeper understanding of the historical laws and policies that shaped modern rural America, as well as current rural policy challenges, such as the opioid crisis.  The last segment of the course will involve examination of case studies that illustrate the issues covered in the course, potentially to include disputes between ranchers and federal agencies in the West and the criminal trials of members of the Bundy family.



    Note: This course satisfies the perspective graduation course requirement

    Basis of Grade: Class participation, Paper(s)

    Form of Grade: Letter
  
  •  

    LAWS 784 - Transnational Law


    Credits: 3

    A survey course focusing on the actors, sources, and principles of international or transnational law. The transnational law course introduces students to the basic contours of public international law, private international law, domestic (U.S.) law on international issues, supranational law, and comparative law, with a particular focus on the former three categories. The course will provide foundations for further in-depth study in any of these areas and will also provide ample background in these concepts for students who may only take one international law course during their law school careers.

    Prerequisites: None

    Note: Satisfies the perspective course requirement.

    Basis of Grade: Final examination

    Form of Grade: Letter Grade
  
  •  

    LAWS 790 - English Legal History


    Credits: 2

    The history of the development of English legal institutions, such as the courts and the jury system, and the evolution of the common law, up to the time of the American Revolution.

    Note: This course satisfies the perspective course graduation requirement.

    Basis of Grade: Exam

    Form of Grade: Letter
  
  •  

    LAWS 791 - Judicial Externship (Summer)


    Credits: 4

    Students will work approximately 210-245 hours (30-35 hours per week) with either a state or federal judge. They will be exposed to the work of the federal or state judiciary by working with the judge and the law clerk. Typically, the student will have the opportunity to observe court proceedings and conferences in chambers with the guidance of the supervising judge. The student may also assist the judge and the law clerk in research and drafting documents such as bench memoranda, jury instructions, and opinions. In addition to their work at the court, students will meet periodically with a faculty member to reflect upon their fieldwork experiences.

    Prerequisites: Professional Responsibility or Problems in Professional Responsibility is a pre-requisite.

    Note: Students must submit a contemporaneously maintained daily journal of their experience, along with either an example of a written product prepared during the externship or a short paper reflecting on a professional aspect of the experience. The fieldwork supervisor will also complete an evaluation of the student’s performance.

    Basis of Grade: k supervisor, the quality of the student’s written submissions, participation in the class sessions, and a determination by the faculty member that all requirements have been satisfactorily complted

    Form of Grade: - Letter
  
  •  

    LAWS 791A - Judicial Externship


    Credits: 2

    Students will work approximately 8-815hours per week with either a state or federal judge. They will be exposed to the work of the federal or state judiciary by working with the judge and the law clerk. Typically, the student will have the opportunity to observe court proceedings and conferences in chambers with the guidance of the supervising judge. The student may also assist the judge and the law clerk in research and drafting documents such as bench memoranda, jury instructions, and opinions. In addition to their work at the court, students will meet periodically with a faculty member to reflect upon their fieldwork experiences.

    Corequisites: Problems in Professional Responsibility

    Prerequisites: Problems in Professional Responsibility is a prerequisite or co-requisite. Also note that Professional Responsibility satisfies the prerequisite requirement.

    Note: Students must submit a contemporaneously maintained daily journal of their experience, along with either an example of a written product prepared during the externship or a short paper reflecting on a professional aspect of the experience. The fieldwork supervisor will also complete an evaluation of the student’s performance.


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

    Basis of Grade: Evaluation submitted by the fieldwork supervisor, the quality of the student’s written submissions, participation in the class sessions, and a determination by the faculty member that all requirements of the externship have been satisfactorily completed

    Form of Grade: Letter
  
  •  

    LAWS 792 - American Legal History


    Credits: 3

    This course is a survey of American law, tracing the developments between the colonial period and the present day. The thematic element is that of change - asking how societal changes have affected the law, and, conversely, how the law has changed society. The discussions will also consider the times when the law did not play role in substantial change. As with any survey course, the class proceeds rapidly, allowing coverage of roughly four centuries in a single semester. There will, however, be stopping points, especially when the relationship between law and society seems especially contentious. The course will include both public and private law, offering multiple opportunities for inquiry about change.

    Note: Satisfies the perspective course graduation requirement

    Basis of Grade: Final examination, plus contributions to class discussion

    Form of Grade: Letter
  
  •  

    LAWS 794 - Intersection of Health Law and Technology


    Credits: 2

    Innovations in technology are continually reshaping the field of medicine - and the law, in turn, plays a significant role in shaping and enabling those innovations. Sometimes the role of the law is to fund or otherwise incentivize these technologies; other times, it is to regulate or even prohibit them. In each instance, the law plays an important role in shaping the future of medicine. This course will examine the many ways that the law intervenes in the development and implementation of medical technologies, with a particular focus on federal law. It will include an examination of how federal law regulates and interacts with medical technologies such as: health information technology, telemedicine, and the development of new drugs. Looking at these and other issues, we will examine the conflicting social goals and values that often emerge when a new medical technology becomes possible - and we will examine the ways, both successful and unsuccessful, that the law has attempted to manage these tensions.

    Basis of Grade: Class participation, final paper. As part of the class participation grade, students will be expected to briefly introduce and initiate class discussion on one topic during the semester.

    Form of Grade: Letter
  
  •  

    LAWS 797 - Juvenile Justice


    Credits: 2/3

    The course will examine a range of juvenile justice policy issues. Topics will include: quality of and access to counsel for youth in delinquency cases, systemic racial and ethnic disparities, over incarceration of youth, the role of schools as feeders to the juvenile justice system, and transfer of youth to the adult criminal justice system. The course will also examine social science related to adolescent development.

    Note: Satisfies the perspective course graduation requirement. If taken for 3 credit hours, course will satisfy the writing requirement.

    Basis of Grade: Paper

    Form of Grade: Letter
  
  •  

    LAWS 800 - Comparative Legal Institutions


    Credits: 1.5

    This course is designed to demonstrate to our students the origins of our own justice system and the manner in which the English tri-partite governmental polity, which so strongly resembles our own, is significantly different in professional training, law formation, and the interaction among the executive, legislative, and judicial sectors.

    Note: This course satisfies the perspective course graduation requirement. Students must also enroll in the other London Program course.

    Basis of Grade: Participation and exam

    Form of Grade: Letter
  
  •  

    LAWS 801 - European Environmental Law


    Credits: 2.5

    This course will examine European environmental law, comparing and contrasting the character and development of legal and policy responses to the problems created by industrial society in Europe with those created to address similar problems in the US. Specific topics may include regulation of greenhouse gas emissions, oil and gas extraction, and production and disposal of toxic materials. The course will also examine the influence of structural features of European law, such as the precautionary principle and multi-layer federalism.

    Note: This course satisfies the perspective course graduation requirement. Students must enroll in the other London program course also.

    Basis of Grade: Participation and exam

    Form of Grade: Letter
  
  •  

    LAWS 802 - Taxation of Property Transactions


    Credits: 2

    Taxation of Property Transactions is the second step in a course progression from Income Tax to upper level tax courses such as Corporate Tax and Partnership Tax.   The course will build upon the foundation established in Income Tax, delving into more   complex tax provisions and concepts that govern a wide variety of property transactions, including topics such as:  treatment of capital assets, anti-abuse doctrines, installment sale   rules, like-kind exchanges, deferred payment sales, cost recovery mechanisms, loss limitations, and sale/lease back arrangements.  The course will appeal to students interested in real estate practice, as well as those interested in continuing tax studies.  In addition to broadening students’ knowledge of tax law doctrine, the   course will also enable them to   continue to develop their statutory interpretation and advocacy skills.

    Prerequisites: Income Tax

    Basis of Grade: Class participation (10%), a midterm question (10%), and a final exam
    (80%).

    Form of Grade: Letter
  
  •  

    LAWS 803 - Women and the Law|


    Credits: 3

    This course will address how the legal system has constructed and applied notions of gender and gender equality. It will introduce students to significant contemporary legal scholarship on the status of women in modern America, and will explore how gender affects legal relationships including some consideration of employment. The materials will include sexual harassment, domestic violence, and domestic relations disputes.

    Prerequisites: None

    Note: Satisfies perspective course requirement. Students who have taken Employment Discrimination may register for this course.

    Basis of Grade: Written exercises

    Form of Grade: Letter Grade
  
  •  

    LAWS 805 - Environmental Law Clinic


    Credits: 6

    The Environmental Law Clinic is one of two transactional clinical offerings at the School of Law.  Students in this clinic will learn transferable legal skills advising organizational entities on complex environmental and land use matters.  Students will interview and counsel their clients, take a leadership role to strategize on addressing client needs, conduct factual investigations and legal research, and draft legal documents.  Substantive matters in the past have involved green space, forest, and agricultural conservation, regional water planning, carbon cap-and-trade programs, local government law, and federal environmental law.  Matters have also involved contract-drafting, ordinance review, and other forms of legal analysis. Clients are either non-profit organizations or public entities working on environmental matters in the public interest.

     



    Prerequisites: Professional Responsibility or Problems in Professional Responsibility

    Note: Recommended Courses: Environmental Law and Administrative Law

    Basis of Grade: Student grades will be based upon quality of interactions with and services provided to clients, including communication, interviews, work products, counseling, and other tasks (60%); class participation, including active and prepared contributions to seminar and case rounds and the timely completion of assignments (20%); and professionalism and adherence to clinic procedures/professional practice rules, including the ability to work with teammates and supervisors, as well as responsiveness to feedback (20%).

    This course satisfies the experiential course graduation requirement.

    Form of Grade: Letter
  
  •  

    LAWS 807 - Business Torts


    Credits: 2

    A review of various business torts with an emphasis on liability arising from the theft of prosecution and defense of business torts, and will involve a number of practical case studies which will require students to determine how to counsel clients, advocate psitions, develop policies and procedures and refine litigation strategies.

    Basis of Grade: Final Exam

    Form of Grade: Letter
  
  •  

    LAWS 809 - Civil Litigation Capstone


    Credits: 5

    Students will be divided into two “law firms” and serve as “associates” in the law firms. The assignments will focus on the pretrial aspect of a civil litigation. Students will have an initial client meeting, write a research memo to the client, draft pleadings, draft and argue motions, prepare discovery requests and answers, take depositions, and hire and prepare witnesses for a deposition. In the course of these exercises students will confront problems dealing with choosing the proper parties, identifying the proper jurisdiction for the litigation, settling discovery disputes, and calculating damages.

    Prerequisites: Professional Responsibility or Problems in Professional Responsibility Evidence

    Note: Limited to 3Ls

    Students are 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 811 - ADR in Employment Law Workshop|


    Credits: 3

    This course explores the use of alternative dispute resolution to resolve employment disputes. The course will examine the use of methods other than litigation to enforce employment contracts and statutory rights related to employment. The course will focus on the intricacies of arbitration and mediation in the employment setting. The course includes several practical exercises involving the use of alternative dispute resolution techniques. Completion of this course with a grade of C or higher will satisfy the graduation writing requirement.

    Prerequisites: None, although prior exposure to courses or practice in the employment law area would be beneficial.

    Note: Course satisfies the graduation writing requirement or the professional skills course graduation requirement, but not both.

    For first year students entering Fall 2016, this course satisfies the writing requirement or the experiential course graduation requirement, but not both.

    Basis of Grade: Written assignments and class participation

    Form of Grade: Letter Grade
  
  •  

    LAWS 812 - International Human Rights Seminar|


    Credits: 2

    This seminar will explore themes in international human rights law, such as the rights and duties of states, minority rights, and the use of international bodies to air and resolve grievances. The course will include both a theoretical and practical component and will be primarily discussion based.

    Prerequisites: None.

    Note: This course qualifies as a perspective course. It does not satisfy the graduation writing requirement.

    Basis of Grade: Paper

    Form of Grade: Letter Grade
  
  •  

    LAWS 815 - Rule of Law Seminar


    Credits: 3

    This course will review key components of rule of law programs undertaken by the United States and the international community in post-conflict, transitional, and developing states. The course will consider the theories, goals, and effectiveness of rule of law programming. Class discussion will involve critical analysis of the strategies and methodologies relating to some of the key components of rule of law programming, such as: constitutional development, judicial reform, accountability for atrocities, alleviation of corruption, use of local customary law, and resolution of land and property disputes. Readings will include scholarly analyses and case studies of rule of law programs in various countries.

    Note: This course satisfies the perspectives course requirement and the writing requirement.

    Basis of Grade: Class participation and student’s choice of research paper or series of response papers.

    Form of Grade: Letter
  
  •  

    LAWS 819 - Regulation of the Financial Sector and Money


    Credits: 3

    The American financial sector is among the most sophisticated in the world, but has been undergoing rapid change since the early 1980s.  The course has four goals and is targeted primarily at students interested in the Charlotte practice or JD/MBA students (Charlotte now being the second largest banking center in the United States).  The first is to introduce you to enough regulatory and market history to understand where financial sector law comes from, because many of the older institutions designed for a different world are still out there.  The second goal is to introduce you to the current regulatory structure(s) that in many ways reflect compromises cobbled together following different financial sector crises since the early 1980s, and are still subject to lively debate.  The third goal is to introduce you to the on-going changes in financial sector and the more likely prospective regulatory responses, because it seems highly likely that change shall continue.  The hidden fourth aspect is that much of financial sector regulation is undertaken by independent regulatory agencies (such as the Federal Reserve, FDIC or SEC), rather than directly under statute, so that the changes for the past 25+ years typically are either foreshadowed or reflected more in regulation and administrative actions, rather than in legislation.  So you have to understand how the regulatory agencies work because they create and apply most of the applicable law in the form of regulation.

    Corequisites: It is suggested that Business Associations be taken at least as a co-requisite.

    Prerequisites: None

    Basis of Grade: Drafting legal and regulatory documents for use in the regulation process, in teams.

    Form of Grade: Letter Grade
  
  •  

    LAWS 820 - Religious Legal Systems: Jewish Law|


    Credits: 2

    The course presents the basic features of the Jewish legal system and a number of points of comparison to American law. The first half of the course will provide an historical and literary conspectus to Jewish Law by examining the eternal question of the appropriate remedies for personal injuries. Specific topics covered include: the Biblical Law of Injury; Biblical Methods of Resolving Disputes (including references to the New Testament); and the Rabbinic Law of Injuries. This will be followed by several class hours devoted to the laws of marriage. The remaining class sessions will examine the process used to reach religious legal decisions from three modern perspectives, including decisions concerning Sex and Family Life. These discussions should help you see how the Jewish legal tradition is being applied in modern times by different groups within the Jewish community. The comparative study of another legal system can be an important part of learning about one’s own system. A religious legal system is especially useful for comparative purposes. Its religious roots feed a set of assumptions about the nature of humanity and of the law considerably different from those of a self-consciously secular system like American law. All class materials are in English and it is assumed that students have no special background or familiarity with the materials. Students of all religious, racial, or ethnic backgrounds are encouraged to enroll in this course. The comparative focus of this course puts all students on a level plane at the beginning, with perhaps a minor advantage for those who have studied some philosophy in their undergraduate training.

    Prerequisites: None

    Note: Satisfies perspective course requirement.

    Basis of Grade: Final examination and class participation

    Form of Grade: Letter Grade
  
  •  

    LAWS 823 - Religion and the Constitution


    Credits: 2

    This course will: (1) review seminal Supreme Court precedents addressing the free exercise of religion and the Establishment Clause;(2) introduce students to influential scholarship addressing the Religion Clauses; and (3) analyze important contemporary controversies involving both the interpretation of the Religion Clauses and the challenge of integrating other constitutional guarantees with the protection of religious liberty and freedom of conscience. The course will also have a comparative component in which American constitutional approaches to questions such as the manifestation of religious identity, the role of religion in civic ceremonies, and the relationship between government and religious institutions as well as the relationship between civil and religious law will be juxtaposed with the legal experience of other nations.

    Basis of Grade: Either a final examination or three writing assignments, at the discretion of the professor

    Form of Grade: Letter
  
  •  

    LAWS 826 - Energy Law


    Credits: 3

    This course provides an introduction to the law and regulation of energy resources, primarily in the United States, focused on three core areas within the field. The first part of the course will cover extraction of energy resources, primarily coal,oil,and natural gas. The second part will cover regulation of the electricity generation and distribution system, including public utility and rate regulation, transmission, and relevant environmental regulations. The final part of the course will address legal and regulatory issues specific to nuclear and renewable energy, with a particular focus on the Southeast. Throughout, the course will focus on the ability (or inability) of legal and regulatory regimes to keep pace with rapid change in the energy sector.

    Prerequisites: None, but Environmental Law and Administrative Law are recommended.

    Basis of Grade: In-class exam

    Form of Grade: Letter
  
  •  

    LAWS 830 - Veterans Legal Clinic|


    Credits: 6

    The Clinic will provide direct legal services to veterans with legal issues that are most likely to affect their ability to obtain or retain employment and contribute to homelessness among this population.  The Clinic will help to resolve housing, debt and domestic issues that affect the client and others in the home, thereby stabilizing communities with low-income veteran populations.  Students will have an opportunity to develop legal skills, including: interviewing and counseling clients, fact investigation, legal research, writing, and analysis, case strategy, negotiations, and courtroom advocacy. The course also will give students an opportunity to consider the broader context of their individual cases through class discussion and community-based projects, which may include know-your-rights presentations, limited advice and assistance clinics, and policy research. 

    Prerequisites: Evidence and Problems in Professional Responsibility or Professional Responsibility.

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

    Basis of Grade: Students will be graded on their performance on casework and participation in class discussions and exercises.

    Form of Grade: Letter Grade
  
  •  

    LAWS 831 - Children and the Courts|


    Credits: 2

    This course will address issues related to children in the courts, with particular attention to children who are in criminal or family court as witnesses (including as victims of abuse and neglect) and to children who are in family court as delinquents. Specific issues covered will include an overview of legal systems, the role of counsel in representing children, evidentiary rules, and systemic issues involving children and the courts.

    Note: This course qualifies as a perspective course. It does not satisfy the graduation writing requirement.

    Basis of Grade: Final examination or paper and class participation

    Form of Grade: Letter Grade
  
  •  

    LAWS 834 - Caretaking, the Family and the Law


    Credits: 3

    In this seminar, which will satisfy the perspective course requirement and the graduation writing requirement, students will explore how law, policy, and cultural norms shape conceptions of family and caretaking of those who cannot fully care for themselves and, conversely, how shifting cultural notions of family and caretaking affect law and policy.  Throughout the course, students will also specifically consider how cultural and legal notions of privacy and gender affect the law and policy of family and caretaking.  Students will analyze these ideas in a variety of legal contexts including how they impact the law of child welfare, public benefits and poverty law, public education, work, and disability. 

    It is anticipated that the first half of the course will be spent on readings and class discussions analyzing these concepts.  During this time student will also begin developing paper topics in close consultation with the professor.  In the second half of the course, class time will be spent on presentations of student papers.  Students will be required to read each others’ papers and will prepare questions and critiques for the presenters.  Following their paper presentations, students will have the opportunity to revise their papers and submit a final draft for grading at the end of the semester.

    Note: This course will be a three credit course and will fulfill the perspective course and graduation writing requirements.

    Basis of Grade: In addition to the required reading, students will complete a short paper proposal and outline, a draft paper, and final paper. Student will also present that paper and read and critique others’ papers.

    Form of Grade: Letter

  
  •  

    LAWS 841 - Law and Social Justice Seminar|


    Credits: 2/3

    This course explores whether and to what extent our legal system, including its law schools, perpetuates or counteracts social injustice. Many of the readings derive from modern critical legal theory, particularly critical race theory and radical feminism, and from liberal and non-liberal responses thereto. These readings primarily address the subordination of particular groups in our society and ways in which taken-for-granted legal categories - such as objective/subjective, public/private, and negative rights/positive rights - serve to entrench hierarchies of power and wealth. Other readings include foundational political theories and classic texts on topics such as civil disobedience and justified revolution.

    Prerequisites: None

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

    Basis of Grade: Paper

    Form of Grade: Letter Grade
  
  •  

    LAWS 845 - Race and Class in American Public Education Seminar


    Credits: 2/3

    particularly as it pertains to race and class. It will examine the right to equal educational opportunity and will consider the various state and federal legal efforts to improve K-12 education and to increase accessibility to institutions of higher education. Topics that will be discussed include, among other things, school desegregation, school finance litigation, school choice, and affirmative action. We will scrutinize a variety of reform efforts, which may include the federal government’s expanding role in education, single-sex education, magnet programs, and charter schools. We will also examine higher education admissions policies such as racial preferences, percentage plans, and reliance on standardized test scores. In addition to examining legal authority and the work of legal scholars, we will examine the writings of historians, social scientists, and education policy experts.

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

    Basis of Grade: Paper(s)

    Form of Grade: Letter
  
  •  

    LAWS 853 - Real Estate Transactions Capstone


    Credits: 5

    This course is designed to be a Capstone course for third year (3L) students interested in an in-depth, practical and advanced course in real estate law and real estate finance.  Students will be participate in simulated experiences throughout the semester, and will end the semester negotiating a real estate development deal.

    The course will explore land development, real estate finance, foreclosures and receiverships and the development of real estate projects such as condominium, office and retail facilities.

    The focus will be on real estate commercial transactions in South Carolina, but will have general applicability to real estate transactions in other jurisdictions, as well as general application to residential real estate transactions.

    Prerequisites: Real Estate Transactions I or approval by the Associate Dean of Academic Affairs

    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: Assigned exercises and class participation

    Form of Grade: Letter

  
  •  

    LAWS 858 - Counterterrorism


    Credits: 2

    This course will examine the legality of methods adopted by the government to combat what it defines as terrorism, primarily, though not exclusively, in the period after September 11, 2001. The course will be roughly divided between a review of extraordinary methods that followed more closely a “war” model, such as renditions, mass surveillance, the use of drones, torture, and military commissions, and those that follow a criminal prosecution model, which include the use of informants, the material support law, expert evidence, and sentencing/confinement.

    Note: This course satisfies the perspective course requirement.

    Basis of Grade: Weekly reaction papers and class participation.

    Form of Grade: Letter
  
  •  

    LAWS 860 - Special Topics in Legislative Drafting I


    Credits: 2

    This course will explore the process of drafting legal codes in a real world setting. Specifically, the course will give students the opportunity to participate in the creation of a legal code for the Catawba nation. Students will be introduced to the relevant areas of federal Indian law, the history, culture and legal conceptions of the Catawba Nation, and principles of drafting laws. Topics may shift from year to year. Students will use information collected during the course to draft laws to be submitted to the leadership of the Catawba Nation for adoption.

    In the first year of the course, students will focus on drafting a family law code. They will be introduced to crucial family law concepts relevant to the law-making process. Specifically, students will examine numerous state and tribal family law codes. They will discuss the relevant strengths and weakness of these laws with the goal of drafting a family law code particularly suited to the history, culture and legal needs of the Catawba Nation. During the course, they will meet with leadership of the Catawba Nation and with lawyers, government officials and judges from other recognized Indian nations. Students will receive a letter grade at the end of each semester.

    Prerequisites: Family Law or Federal Indian Law is encouraged, but not required. Students are expected to take both Special Topics in Legislative Drafting I and II.

    Note: Instructor will select students for this course. Interested students shall submit (1) statement of interest of no more than 500 words; and (2) updated CV.

    Basis of Grade: The grade will be based on the student’s attendance and class participation as well as the quality of the research and drafting assignments produced through the semester.

    Form of Grade: Letter

  
  •  

    LAWS 861 - Special Topics in Legislative Drafting II


    Credits: 3

    This course will explore the process of drafting legal codes in a real world setting. Specifically, the course will give students the opportunity to participate in the creation of a legal code for the Catawba nation. Students will be introduced to the relevant areas of federal Indian law, the history, culture and legal conceptions of the Catawba Nation, and principles of drafting laws. Topics may shift from year to year. Students will use information collected during the course to draft laws to be submitted to the leadership of the Catawba Nation for adoption.

    Using the skills learned in Legislative Drafting I, students will draft family code for the Catawba Nation. In order to produce these code, students will examine numerous state and tribal family law codes. They will discuss the relevant strengths and weakness of these laws with the goal of drafting a set of laws particularly suited to the history, culture and legal needs of the Catawba Nation. During the course, they will meet with leadership of the Catawba Nation and with lawyers, government officials and judges from other recognized Indian nations. Students will receive a letter grade at the end of each semester.

    Prerequisites: Special Topics in Legislative Drafting I

    Note: This course satisfies the experiential course graduation requirement.

    Basis of Grade: The grade will be based on the student’s attendance and class participation as well as the quality of the research and drafting assignments produced through the semester.

    Form of Grade: Letter

  
  •  

    LAWS 899 - Reading Group


    Credits: 1

    The class will meet for at least 13 hours over the course of one academic year.  Students will be assigned a series of books or similarly-substantial materials and required to produce a minimum of five pages of writing as described below, requiring at least 2 hours of out-of-class work for each hour that reading groups meet.

    Reading Groups are intended to facilitate an intellectually rich academic experience through informal, in-depth discussions between faculty and students.  Each Reading Group will be convened to explore a legal topic or theme through the study of appropriate readings, films, and other materials.  Reading groups are intended to foster deeper conversations about legal issues than traditional classes permit, especially including conversations regarding sensitive or controversial legal issues between diverse groups of students.

    Note: Students may only enroll in one Reading Group per academic year. Enrollment will be subject to availability.

    Basis of Grade: Attendance, participation, and written work that totals a minimum of five (5) pages. Written work could include reflections on different materials, discussion guides created by students for particular readings, comparisons between different materials, or other assignments required by the faculty member.

    Form of Grade: Pass/Fail

 

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