2019-2020 School of Law

University of South Carolina

Apr 29, 2024

2019-2020 School of Law

Course Descriptions


	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: GRADUATION REQUIREMENT: Writing Course Requirement OR Experiential Course Requirement, but not both; must earn a grade of C or better to satisfy either requirement 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: GRADUATION REQUIREMENT: Experiential Course Requirement, must earn a grade of C or better 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: GRADUATION REQUIREMENT: Experiential Course Requirement, must earn a grade of C or better 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: GRADUATION REQUIREMENT: Experiential Course Requirement, must earn a grade of C or better 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: GRADUATION REQUIREMENT: Satisfies Professional Responsibility requirement for graduation. Must earn a grade of C or better to satisfy the graduation requirement. Students who have taken Professional Responsibility may not enroll. REGISTRATION: 2L priority registration. Second year block course. 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: GRADUATION REQUIREMENT: This course or Problems in Professional Responsibility is required for graduation. Must earn a grade of C or better to meet graduation requirement. Form of Grade: Letter Grade
	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 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. Prerequisites: Professional Responsibility or Problems in Professional Responsibility and Business Associations Note: GRADUATION REQUIREMENT: Experiential Course Requirement, must earn a grade of C or better REGISTRATION: Limited to 3Ls only Nonprofit Organizations, Partnership Tax and Interviewing, Counseling and Negotiations are strongly recommended, but are not prerequisites. Students limited to enrolling into one Capstone course. 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. This course provides research experience through classroom instruction and mock legal research assignments that simulate tasks performed in a law firm setting. 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: GRADUATION REQUIREMENT: Experiential Course Requirement, must earn a grade of C or better 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: GRADUATION REQUIREMENT: Perspective Course Requirement Basis of Grade: Final examination, written assignments and class participation 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 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: GRADUATION REQUIREMENT: Perspective Course Requirement Basis of Grade: Final examination or optional research paper with permission of instructor Form of Grade: Letter
	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: Business Associations 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: GRADUATION REQUIREMENT: Perspective Course 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: REGISTRATION: 2L registration priority Basis of Grade: 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; final exam 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 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 629 - Alternative Dispute Resolution Credits: 3 Over 95% of all legal disputes are resolved outside of the courts. This course will explore how most of those disputes are resolved. It will provide an overview of the main Alternative Dispute Resolution (ADR) processes: negotiation, mediation and arbitration. Each of these processes will be critically examined, through a combination of assigned readings, interactive role-play exercises, and possibly guest presentations. The primary goal of the course is to expose students to the theoretical and practical fundamentals of ADR, including when and how to effectively use these processes in a professional setting. The second goal is to impart an understanding of the ethical and legal implications of ADR processes. Students will leave this course with a basic competency in some key lawyering skills, including communication, negotiation and representing parties in various ADR fora. Prerequisites: None Note: GRADUATION REQUIREMENT: Experiential Course Requirement, must earn a grade of C or better Basis of Grade: Students will be graded on: • Contributions to general class discussions • Performance in a negotiation simulation • Performance in a mediation simulation Note that attendance and class participation will be significant parts of the assessment. 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 State Credits: 3 This course addresses issues related to the legal status of childhood and the parent-child relationship, including: the foundations of parental authority over children, the foundations of the state’s parens patriae authority to intervene in family life, the allocation of authority to make decisions concerning children, child abuse and neglect, the child protection legal system, and family courts and executive branch agencies which administer relevant areas of law. Basis of Grade: The grade will be based on the student’ s attendance, class participation, and performance on one or more examinations or other written assignments. 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: REGISTRATION: Second year progression-entry course; 2L registration priority Basis of Grade: Final examination, problems as announced in class and class participation Form of Grade: Letter Grade
	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: 2/3 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: GRADUATION REQUIREMENT: Perspective Course Requirement AND Writing Course Requirement if taken for three credit hours, must earn a grade of C or better if taken for the writing 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: GRADUATION REQUIREMENT: Writing Course Requirement if taken for 3 credit hours, must earn a grade of C or better REGISTRATION: 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: REGISTRATION: Second year progression-entry course; 2L registration priority 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 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: GRADUATION REQUIREMENT: Experiential Course Requirement, must earn a grade of C or better REGISTRATION: Income Tax is recommended. Basis of Grade: Exam, drafting projects, class participation and attendance Form of Grade: Letter
	LAWS 652 - Real Estate Transactions I Credits: 3 This is a course on the substantive law of real estate transactions. The course will cover a broad range of topics and issues related to real estate transactions, both residential and commercial, focusing on provisions typically found in real estate contracts and how those contract provisions manifest themselves in actual transactions. The course will also include a focus on various topics designed to provide a working knowledge of concepts and issues often encountered in a real estate practice. Prerequisites: None Basis of Grade: Final examination (primarily), Class Projects, and Class Participation 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: GRADUATION REQUIREMENT: Experiential Course Requirement, must earn a grade of C or better Basis of Grade: Projects and class participation Form of Grade: Letter Grade
	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 658 - How Governing Institutions Fail and Succeed Credits: 2 This seminar prepares students for the work of designing, building, and working within complex institutions. Drawing on ideas from political science, law, history, economics (especially the economics of public choice), and social welfare, the seminar will focus on the often paradoxical and surprising reasons why institutions become co-opted, inefficient, unrepresentative, or otherwise fail to achieve their goals (and ways to avoid or prevent such failures). The course will examine institutions including legislatures, multi-member courts Like the Supreme Court), corporate boards, and administrative agencies. In considering case studies of possible institutional failure, the course will also examine how to design institutions to succeed. Students will read and discuss both theoretical texts and primary documents, including legislation and judicial opinions. Note: This course satisfies the perspective graduation requirement. Basis of Grade: Class participation and response papers Form of Grade: letter
	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 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: GRADUATION REQUIREMENT: Perspective Course Requirement AND Writing Course Requirement, if taken for 3 credit hours, must earn a grade of C or better if taken for the writing requirement 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: GRADUATION REQUIREMENT: Perspective Course Requirement AND Writing Course Requirement, if taken for 3 credit hours, must earn a grade of C or better if taken for the writing requirement 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 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: REGISTRATION: Second year progression-entry course; 2L registration priority Basis of Grade: Final Form of Grade: Letter Grade
	LAWS 672 - Public Health Law Credits: 2 or 3 This is a survey course on public health law, including constitutional law, administrative law, torts, taxation, public health ethics, and other,related areas. Students will also write at least two substantive papers on topics of their choosing in the area of public health law. Note: This class satisfies the requirement for a perspectives class and, if the student takes it for 3 credits, satisfies the requirement for a writing class. Basis of Grade: This is a paper class. For 2 credits, students must write at least 2 separate papers of at least 7-8 pages in length for a total of 15 pages. For 3 credits, students must write at least 2 papers of at least 15-17 pages in length for a total of 30 pages. 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: GRADUATION REQUIREMENT: Writing Course Requirement, if taken for 3 credit hours, must earn a grade of C or better if taken for 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: GRADUATION REQUIREMENT: Experiential Course Requirement, must earn a grade of C or better 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: GRADUATION REQUIREMENT: Perspective Course Requirement AND Writing Course Requirement, if taken for 3 credit hours, must earn a grade of C or better if taken for the writing requirement (entails an assignment beyond the regular response papers) 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: GRADUATION REQUIREMENT: Experiential Course Requirement, must earn a grade of C or better 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: GRADUATION REQUIREMENT: Experiential Course Requirement OR Writing Course Requirement, but not both, must earn a grade of C or better for either requirement 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: GRADUATION REQUIREMENT: Experiential Course Requirement, must earn a grade of C or better REGISTRATION: In the spring semester 2L members of the moot court board will be given priority. 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 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: GRADUATION REQUIREMENT: Writing Course Requirement, must earn a grade of C or better 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: GRADUATION REQUIREMENT: Experiential Course Requirement, must earn a grade of C or better 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 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: GRADUATION REQUIREMENT: Perspective Course Requirement AND Writing Course Requirement, must earn a grade of C or better if taken for the writing requirement, additional coursework required 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: GRADUATION REQUIREMENT: Experiential Course Requirement, must earn a grade of C or better 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. 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 694 - Tax Practicum Credits: 3 This seminar is an advanced course in tax law and policy. The purpose of the course is to simulate the real world of tax practice and tax policymaking, helping students to understand how tax rules are made, interpreted, and applied by tax practitioners. Readings will include cases involving taxpayer challenges to tax rules and government challenges to taxpayer positions, and examples of “opinion letters” evaluating the U.S. federal income tax treatment of discrete transactions, examples of comment letters submitted to Treasury, and tax regulations with Treasury-produced explanatory preambles. During the semester, students will work collaboratively to produce the sort of written product that they might be tasked with in tax practice, for example, an opinion letter describing and assessing the tax treatment of a certain transaction; an appeal of an IRS proposed adjustment to a tax position; a petition to Tax Court to challenge a deficiency found by the IRS; or a comment letter in response to a proposed regulation. It is anticipated that the implementation of the Tax Cuts and Jobs Act (i.e. the tax bill enacted at the end of 2017) will result in substantial uncertainty and back and forth between taxpayers (and their representatives) and the government, so the precise nature of the writing assignments and the substantive issues students address will vary semester to semester based on current challenges the tax practitioner community confronts and students’ particular interests. When possible, the curriculum will include guest visits from tax practitioners and/or IRS or Treasury personnel. Each student will individually produce an outline of the writing project as well as a first draft of 12-15 pages, which may require a statement of facts, legal analysis, policy arguments and data. Students will conduct an oral and visual presentation on their draft paper, and will be expected to review and critique each other’s drafts and presentations. Students will then collaborate in small groups (3-4 students per group) to draft a final product that is 30-35 pages long and that integrates the individual work into a cohesive whole. Corequisites: Corporate Tax or Partnership Tax Prerequisites: Income Tax and either Corporate Tax or Partnership Tax Note: GRADUATION REQUIREMENT: Writing Requirement (effective spring 2020) or Experiential Course Requirement, but not both, must earn a grade of C or better for either requirement Basis of Grade: Outline (10%), individual draft and in-class presentation (20%), foal group paper (40%), participation (30%) 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 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
	LAWS 701 - Advanced Family Law\| Credits: 2/3 This course takes students beyond the issues covered in the basic Family Law course and offers an opportunity for in-depth study of contemporary issues in Family Law. The class will explore the legal, ethical, social and psychological aspects of the family. Topics covered may include parental rights and responsibilities in reproductive technology cases, medical decision-making, adoption, termination of parental rights, gender and sexuality, and special laws unique to Native Americans. Prerequisites: Family Law must be taken prior to or at the same time as this course. Note: GRADUATION REQUIREMENT: Writing Course Requirement, if taken for 3 credit hours, must earn a grade of C or better if taken for the writing requirement A limited number of students may elect to fulfill the graduation writing requirement with the professor’s prior permission by taking the course for 3 credit-hours and completing a paper of not less than 30 pages in length. Students who elect the 2 credit-hour option must either take the final examination or complete a paper of not less than 20 pages in length, which will not fulfill the graduation writing requirement. Basis of Grade: Final examination or research paper Form of Grade: Letter Grade
	LAWS 702 - Engineering Management Credits: 3 This course is designed for students who are enrolled in the graduate program for a Master of Science with a Major in Engineering Management. The course will introduce students to various areas of law and legal principles that may impact their ability to be effective managers. The lectures in the course will focus on a variety of topics, including: labor and employment law, business corporations, agency and partnership, contracts, intellectual property, administrative law, and environmental law. Form of Grade: Letter
	LAWS 703 - Electronic Discovery Credits: 2 This course is a practical introduction to electronic discovery in civil litigation as governed by the Federal Rules of Civil Procedure. Students will be introduced to how computer files in litigation compare and contrast to traditional paper discovery. They will examine each stage of the discovery process, from identifying sources of potential electronic evidence to instituting a litigation hold, collecting, processing, reviewing, and producing electronic data. Emerging case law and trends for unsettled issues such as E-discovery ethics, privilege (nonwaiver/claw back agreements, not “readily accessible” data), and cost-shifting will also be addressed. Participants will be introduced to the electronic courtroom, from E-filing of documents in federal court to using trial presentation software to make the case to the jury and judge. Prerequisites: None Note: This course satisfies the experiential course graduation requirement. Basis of Grade: Final exam Form of Grade: Letter
	LAWS 706 - Administrative Law Externship (Summer) Credits: 4 Students will spend a significant amount of time (30 hours per week for 8 weeks during the summer) with either a state or federal agency. They will be exposed to the field of Administrative law by working with federal or state agencies. Typically, the student will work in a general counsel’s office or an office with substantially similar duties and will assist the attorneys in research and drafting documents such as research memoranda and briefs. The student will also have the opportunity to observe court proceedings as well as depositions and interviewing witnesses. In addition to their work at the agency, students will meet periodically with a faculty member to reflect upon their fieldwork experiences. Prerequisites: Problems in Professional Responsibility is a prerequisite or co-requisite. Also note that Professional Responsibility satisfies the prerequisite requirement. Note: GRADUATION REQUIREMENT: Experiential Course Requirement, must earn a grade of C or better 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 706A - Administrative Law Externship Credits: 2 Students will work approximately 8-15 hours per week with either a state or federal agency. They will be exposed to the field of Administrative law by working with federal or state agencies. Typically, the student will work in a general counsel’s office or an office with substantially similar duties and will assist the attorneys in research and drafting documents such as research memoranda and briefs. The student will also have the opportunity to observe court proceedings as well as depositions and interviewing witnesses. In addition to their work at the agency, students will meet periodically with a faculty member to reflect upon their fieldwork experiences. Prerequisites: Problems in Professional Responsibility is a prerequisite or co-requisite. Also note that Professional Responsibility satisfies the prerequisite requirement. Note: GRADUATION REQUIREMENT: Experiential Course Requirement, must earn a grade of C or better 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: The final grade will be determined by the professor, based upon evaluation submitted by the fieldwork supervisor and upon a determination by the faculty member that all other requirements of the externship have been satisfactorily completed. Form of Grade: Letter
	LAWS 707 - Children’s Law Externship Credits: 2 This course places the student with a lawyer employed by a child-serving agency; an agency involved with child law issues where a child may be charged with a crime or is a victim of a crime; or with a lawyer in private practice that represents children. The student works approximately 8-15 hours per week with the lawyer. This work includes hands-on experience with the supervising lawyer to engage in the representation or advocacy process for those children based upon the legal setting chosen for the individual extern. The extern will observe the lawyer as the lawyer represents clients and also attend meetings, hearings, trials and other legal proceedings in order to experience the legal process firsthand. The student will provide assistance to the assigned lawyer by drafting memorandums, legal motions, proposed orders and providing legal research relevant to each case. The student will be immersed in each system as it relates to the assigned agency’s duties and responsibilities to improve outcomes for children in the legal system. Corequisites: Professional Responsibility or Problems in Professional Responsibility Prerequisites: Professional Responsibility or Problems in Professional Responsibility Note: GRADUATION REQUIREMENT: Experiential Course Requirement, must earn a grade of C or better Each student will be expected to work 8-15 hours each week of the semester at the approved extern site and to attend a one and a half hour class every other week. Each student will be expected to maintain and submit both at midterm and at the end of the semester a journal of the student’s activities at the extern site. This journal must state the dates and times of the student’s experience and provide a summary of that event as it relates to the listed course objectives above. The student must also submit a weekly timesheet documenting the days and hours worked by the student and have it signed by the assigned supervising lawyer at the extern site. Basis of Grade: The grade shall be based on the student’s attendance and class participation in the bi-weekly class, the evaluation of the student by the externship site supervisor/lawyer, and the journal submitted by the student. Form of Grade: letter
	LAWS 709 - Administrative Law Credits: 3 Government agencies regulate almost every area of our lives. Many lawyers work for government agencies and many other lawyers work for people whose lives are affected by these agencies. Virtually every lawyer needs to know how government agencies operate. That is the subject of this course. The course is recommended for students interested in substantive areas in which agencies play an important role, such as environmental law, health-care law, and securities law (to name a few). Basis of Grade: Final examination and class participation Form of Grade: Letter Grade
	LAWS 710 - Complex Civil Litigation Credits: 3 This course will study legal doctrine and current “best practices” relating to complex litigation. The focus is on multi-party, multi-jurisdictional disputes and on the increasingly administrative role courts play is these actions. Much of the attention will be devoted to class actions (mainly federal with some discussion of South Carolina class actions), including class certification, extraterritoriality, and interlocutory appeals. We will spend considerable time on complex joinder, aggregated claims, MDL practice, and the impact of CAFA. Some time will be devoted to the recent “Federal Courts Jurisdiction and Venue Clarification Act of 2011.” Note: It is strongly recommended that students also take Federal Courts, but it is not a prerequisite. Basis of Grade: In class final examination, plus class participation Form of Grade: Letter
	LAWS 711A - Antitrust Law and Trade Regulation Credits: 2 The course will focus on Sections 1 and 2 of the Sherman Antitrust Act, as well as selected other federal trade regulation statutes, including the Clayton Act (as amended by the Robinson-Patman Act). Topics typically covered may include monopolization and attempted monopolization, conspiracies in restraint of trade, e.g., price-fixing and bid-rigging, tying arrangements, the essential facilities doctrine, price discrimination, and merger review. The course will also cover how a heightened pleading standard has changed the civil antitrust litigation landscape. Prerequisites: None Basis of Grade: Final examination Form of Grade: Letter Grade
	LAWS 713 - Trademark Law Credits: 2 A survey of federal and state trademark and unfair competition law with an emphasis on the nature, scope and enforcement of trademark rights. Prerequisites: None Basis of Grade: Final examination and class participation Form of Grade: Letter Grade
	LAWS 716 - Nonprofit Organizations Clinic Credits: 6 This Clinic provides legal assistance to nonprofit organizations of all types addressing the various needs of the community. Because many of these organizations lack the financial resources to retain private legal counsel, students provide legal assistance in transactional matters that include incorporation, preparation of by-laws, preparation and filing of 501(c)(3) applications, contract review and negotiation, real estate, intellectual property and land use issues. Students may attend board meetings, provide legal assistance to start up organizations or organizations that are merging, converting or spinning off new ventures. The nature of the clinic allows for experience touching many different legal disciplines and helps provide for the stabilization of these organizations so that they can better serve the community. Prerequisites: Have taken Problems in Professional Responsibility or Professional Responsibility. Note: GRADUATION REQUIREMENT: Experiential Course Requirement, must earn a grade of C or better EFFECTIVE as of FALL 2020: A student who is enrolled in or has been enrolled in a clinical course may not enroll in Interviewing, Counseling, and Negotiation. Basis of Grade: Performance on casework, class exercises and participation Form of Grade: Letter Grade
	LAWS 717 - Nonprofit Organizations Credits: 3 This course will provide an overview of the nonprofit tax exempt sector. It will include the study of the formation, structure, and characteristics of nonprofit organizations and the major categories of federal tax exemption with an emphasis on charitable organizations such as religious organizations, churches, educational organizations, healthcare organizations and arts organizations. Prerequisites: Business Associations Basis of Grade: Final examination and class participation Form of Grade: Letter Grade
	LAWS 720 - Criminal Law Externship (Summer) Credits: 4 Students will spend a significant amount of time (30 hours per week for 8 weeks during the summer) at their placement. Placements will include: the Solicitors Office of various counties, the Public Defenders office, the Attorney General’s office, and federal criminal agencies. Students will assist in the preparation of materials for court and can observe office attorneys in trial. A specific attorney in each office will be responsible for overseeing student experience in the office. Prerequisites: Problems in Professional Responsibility or Professional Responsibility Note: GRADUATION REQUIREMENT: Experiential Course Requirement, must earn a grade of C or better 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 720A - Criminal Law Externship Credits: 2 Students will spend a significant amount of time, 8-15 hours per week, at their placement. Placements will include: the Solicitors Office of various counties, the Public Defenders office, the Attorney General’s office, and federal criminal agencies. Students will assist in the preparation of materials for court and can observe office attorneys in trial. A specific attorney in each office will be responsible for overseeing student experience in the office. Corequisites: Problems in Professional Responsibility Prerequisites: Problems in Professional Responsibility; also note that Professional Responsibility satisfies the prerequisite requirement. Note: GRADUATION REQUIREMENT: Experiential Course Requirement, must earn a grade of C or better 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 written product or a short reflective paper on professional aspect of experience; and a brief presentation to class Form of Grade: letter
	LAWS 721 - Bioethics Seminar Credits: 2/3 This course explores the intersection of law and ethics in the field of medicine. The course will cover in-depth, at least three of the following issues: abortion and other issues of reproductive decision making, the right to die, allocation of health care resources, global HIV/AIDS, universal healthcare, organ transplantation and organ procurement, the identity and role of the patient, the research subject and the consumer of health care technology, rationing of healthcare and similar issues. Students may choose to write one paper of not less than 30 pages to satisfy the paper requirement or may write three smaller papers during the course of the semester. There will be no exam. Note: GRADUATION REQUIREMENT: Perspective Course Requirement AND Writing Course Requirement, if taken for 3 credit hours, must earn a grade of C or better if taken for the writing requirement Basis of Grade: Paper of not less than thirty (30) pages for 3 credit hours or three shorter papers Form of Grade: Letter Grade
	LAWS 722 - Patent Law Credits: 2 Consideration of the theoretical underpinnings of the United States patent system, the definition of patentable subject matter, the requirements governing novelty, utility and nonobviousness, the granting and enforcement of patents, the relationship of patents to other methods of protecting intellectual property, and the special role in patent law of the United States Court of Appeals for the Federal Circuit. Students need not have an engineering or science background. Prerequisites: None Basis of Grade: Final examination Form of Grade: Letter Grade
	LAWS 723 - Copyright Law Credits: 3 This course will provide an in depth analysis of copyright law. Students will study case law and statutory authority pertaining to copyright protection of literary, musical, dramatic, choreographic, pictorial, graphic, sculptural, audiovisual, and architectural work, as well as computer software. In addition, the class will consider public policy issues raised by recent amendments to the Copyright Act of 1976. Prerequisites: None. Basis of Grade: Final examination and problems Form of Grade: Letter Grade
	LAWS 724 - Intellectual Property Credits: 3 This survey course will provide a basic grounding in the law of Copyrights, Patents, and Trademarks. Subject covered will include the acquisition, maintenance and duration of intellectual property protections; the right and obligations of intellectual property owners; and causes of action and remedies for infringing activities. Prerequisites: None Note: Students who have taken Patent Law and Copyright Law may register for Intellectual Property. Basis of Grade: Final examination Form of Grade: Letter Grade
	LAWS 726 - Constitutional Issues in Public Education Credits: 3 Survey of historical and contemporary civil liberties issues arising in the operation of the American public school system. Topics addressed will include religious activities in schools, the regulation of student and teacher speech, student privacy, school safety and student discipline. Prerequisites: None Basis of Grade: Portfolio of advice memoranda plus class participation Form of Grade: Letter
	LAWS 727 - Special Education Law Credits: 3 This course will introduce students to federal laws and regulations concerning the provision of educational services to disabled students. We will cover the history and development of special education and civil rights for students with disabilities as well as the fundamental principles of the Individual with Disabilities in Education Act (IDEA), Section 504 of the Rehabilitation Act of 1973, and the Americans with Disabilities Act (ADA). The course will focus on the rights of students and their parents as well as the responsibilities of educators when addressing special education needs. Basis of Grade: Class participation, small group projects and final exam Form of Grade: Letter
	LAWS 729A - Legislation Credits: 3 This course will examine legislative law and the legislative process. Among the issues addressed will be the legislative power, legislative structure and procedures, interpretation and drafting of statutory law, election laws, legislative advocacy, and regulation of lobbyists. Note: GRADUATION REQUIREMENT: Experiential Course Requirement, must earn a grade of C or better Basis of Grade: Final examination and performance in a maximum of two written or oral class exercises Form of Grade: Letter
	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: GRADUATION REQUIREMENT: Experiential Course Requirement, must earn a grade of C or better Basis of Grade: Written assignments and evaluation by fieldwork supervisor Form of Grade: Letter

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Course Descriptions

LAWS 500 - Introduction to the Legal Profession

LAWS 504 - Contract Law

LAWS 509 - Property

LAWS 523 - Constitutional Law

LAWS 524 - Criminal Law

LAWS 529 - Torts

LAWS 533 - Legal Research, Analysis and Writing I

LAWS 534 - Legal Research, Analysis and Writing II

LAWS 540 - Advanced Legal Writing

LAWS 542 - Advanced Legal Analysis

LAWS 543 - Advanced Legal Writing: Online Civil Litigation Drafting

LAWS 544 - Civil Procedure

LAWS 547 - Criminal Procedure

LAWS 548 - Discovery Drafting

LAWS 554 - Problems in Professional Responsibility

LAWS 555 - Professional Responsibility

LAWS 557 - Law Practice Workshop

LAWS 558 - Advanced Civil Procedure

LAWS 561 - Small Business Organization Capstone

LAWS 562 - Advanced Legal Research

LAWS 564 - Free Speech and Democracy

LAWS 568 - Coastal Law

LAWS 569A - Coastal Law Field Lab

LAWS 601 - The Constitution and National Security

LAWS 603 - Family Business Law

LAWS 605 - Corporate Finance

LAWS 606 - Securities Regulation

LAWS 608 - Law and Economics

LAWS 609 - Business Associations

LAWS 613 - Criminal Adjudication

LAWS 614 - International Business Transactions

LAWS 615 - Secured Transactions

LAWS 618 - Consumer Law

LAWS 624 - Employment Discrimination

LAWS 626 - Principles of Labor Law

LAWS 627 - Immigration Law

LAWS 629 - Alternative Dispute Resolution

LAWS 630 - Individual Employment Law

LAWS 631 - Parents, Children and the State

LAWS 633 - Income Taxation

LAWS 636 - Corporate Tax

LAWS 637 - Partnership and LLC Taxation

LAWS 638 - Tax Policy

LAWS 640 - State and Local Tax

LAWS 641 - Wills, Trusts, and Estates

LAWS 644 - Bankruptcy

LAWS 647 - Fiduciary Administration

LAWS 650 - Estate Planning

LAWS 652 - Real Estate Transactions I

LAWS 653 - Real Estate Transactions II

LAWS 655 - Food and Drug Law

LAWS 658 - How Governing Institutions Fail and Succeed

LAWS 659 - Federal Courts

LAWS 664 - Forest and Natural Resources Law

LAWS 665 - International Trade Law

LAWS 666 - International Environmental Law

LAWS 668 - Liberty Seminar

LAWS 671 - Evidence

LAWS 672 - Public Health Law

LAWS 674 - Health Law: Finance and Organization

LAWS 675 - Advanced Evidence: Law and Strategy

LAWS 676 - Health Law and Policy

LAWS 679 - Trial Advocacy

LAWS 680 - Technology Law: Law of the Newly Possible

LAWS 681 - Criminal Trial Practice

LAWS 682 - Legal Writing for the Courts

LAWS 683 - Appellate Advocacy

LAWS 684 - Environmental Law of Natural Resources

LAWS 686 - The Future of the Legal Profession

LAWS 687 - Fourth Circuit Practice

LAWS 688 - Topics in Insurance Law

LAWS 690 - Products Liability

LAWS 691 - Russian Law and the Legal System