Second-Third-Year

Conservative and Libertarian Legal Thought Seminar

The seminar will discuss an important but often neglected area of American legal thinking. The goal is to locate conservative and libertarian thinking within both general jurisprudential thinking and the political and legal spectrum. The seminar will also examine the contribution of conservatives and libertarians to the debate of current issues and legal doctrine. Readings will include writings by leading conservative and libertarian theorists and jurists. These will be critically contrasted to each other, and to left-of-center liberal thinking.

Conflict of Laws

This course examines the legal problems that arise when an occurrence or a case cuts across state or national boundaries: jurisdiction of courts, enforceability of foreign judgments, and choice of applicable law. The focus is on the policies, the rules of law, and the constitutional requirements in private interstate law.

Condominium and Community Housing Law

The course will examine the law of Florida condominiums with emphasis on those of residential character, as well as the law of mandatory homeowners' associations, and its differences from, and similarities to, the law governing condominiums. The course will cover statutory and case components of the law; document composition and drafting for the creation of condominiums; the statutory standards for operations and governance; and dispute resolution and covenant enforcement within the community.

Complex Civil Litigation

Prerequisites: Civil Procedure

This course examines the theory and practice of complex, multiparty cases. In particular, it examines the major procedural and substantive issues in nationwide class actions and non-class aggregation. Our readings and discussions will focus on class actions (including the requirements for class certification, dueling state and federal class actions, and the implications of settlement) and other advanced procedural topics such as joinder, multidistrict litigation, large-scale discovery, phased trials and preclusion. 

Comparative Law

An introduction to the characteristic features and functioning of non-common law legal systems, with emphasis on the civil law tradition. This course seeks to provide American lawyers with a basic framework for understanding foreign legal systems.

Comparative Constitutional Law

This seminar will explore selected topics in comparative constitutional law through readings of both scholarly articles and major foreign cases (in translation). The focus of the readings will be on non-U.S. systems, but throughout the course we will use the U.S. as a primary point of comparison. Topics will include: comparative federalism and separation of powers, appropriateness and methodologies for enforcing socio-economic rights in different contexts, and the links between domestic and international legal systems.

Commercial Paper

Prerequisites: Must not have taken Commercial Law Survey

Principles of commercial paper; system of bank deposits and collections, including the relationship of the commercial bank and its customer. The use of commercial paper in documentary exchanges is also covered.

Coastal and Ocean Law

This is a course that explores the state, federal and international laws governing the use and development of resources in coastal areas and the oceans. Such an exploration covers the federal and state common law, major federal statutes, international treaties, all from the perspective of the special needs of coastal areas and oceans. Prominent in this course are the ecological underpinnings of wildlife regulation, relationships between water, habitat, wildlife, and land use, and legal issues stemming from jurisdictional conflicts.