This course will teach the principles of contemporary commercial drafting, introduce documents typically used in a variety of business transactions and provide an overview of principled contract negotiation techniques. The course will be of particular interest to students pursuing a corporate law career, but the concepts are applicable to any transactional practice and will even be useful to litigators.
Students will be exposed to:
A study and analysis of decisional and statutory materials dealing with problems in areas such as consumer credit, deceptive and oppressive sales practices, extrajudicial collection efforts and the role of credit reporting agencies.
Prerequisites: Constitutional Law I
Required. An advanced study of freedom of expression and association, substantive and procedural due process of law, and the equal protection of the laws.
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.
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.
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.
Prerequisites: Civil Procedure
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.
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.
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.
