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2017-2018 Graduate Bulletin

Law

College of Law

Web Page: http://www.law.fsu.edu

Professors: Atkinson, Cahill, D’Alemberte, Hsu, Johnson, Kahn, Logan, Markell, O’Connor, Ryan, Seidenfeld, Stern, Utset, Weidner; Associate Professors: Bayern, Landau, Lee, Spottswood, Williams, H. Wiseman, S. Wiseman, Ziegler; Assistant Professors: Eisenberg, Kesten, Linford, Scholz, Sevier; Edward Ball Eminent Scholar: Abbott; Tobias Simon Eminent Scholar: Tesón; Teaching Faculty: Annino, Benham, Blenkhorn, Busch, Gertz, Hanson, Krieger, LaVia, Matthews, Stone, Taylor; Professors Emeriti: Banoff, Christie, Dodge, Ehrhardt, Griffith, Kennedy, Larson, Oeltjen, Powell, Schroeder, Southerland, Van Doren, Vinson, Yetter

The College of Law provides students with a sophisticated legal education. The school encourages close working relationships among students and faculty; expert faculty members are accessible to students and teach them outside of the classroom as well as inside the classroom. Our faculty adds value by delivering a program of study that prepares students to enter the worlds of law, business, or government at the highest possible level. The College of Law inhabits a strong sense of community; students are proud of the law school and of one another.

For further details of degree requirements and for a description of the college and its opportunities, please visit http://www.law.fsu.edu.

Note: The following courses are required: LAW 5000, LAW 5100, LAW 5300, LAW 5400, LAW 5501, LAW 5502, LAW 5522, LAW 5700, LAW 5792, LAW 5793, and LAW 7750.

Definition of Prefix

LAW—Law

Graduate Courses

LAW 5000. Contracts (4). This course explores substantive and remedial aspects of business agreements including offer, acceptance, consideration, assignments, third-party beneficiaries, statute of frauds, legality, performance, and remedies.

LAW 5100. Criminal Law (3). This course examines substantive requirements of criminal law offenses and defenses, the social and political forces influencing the content of criminal law, as well as the constitutional limits and requirements informing its content and application.

LAW 5300. Civil Procedure (4). Jurisdiction of person, subject matter, and venue of federal and state courts; pleadings, complaints, answer, and reply; motion for judgment on pleadings and summary.

LAW 5400. Property (4). This course studies the extent to which various property rights come or fail to be recognized. The course includes both private sector and governmental arrangements and influences on the definition of property rights. Particular topics include the law of finders, landlord and tenant, concurrent ownership, licenses, easements, profits, restrictive covenants, an introduction to zoning and growth control, as well as constitutional “talkings” analysis.

LAW 5501. Constitutional Law I (3). Judicial function in constitutional cases, the federal system, powers delegated to national government, powers reserved to the states, due process of law, and fundamental individual rights.

LAW 5502. Constitutional Law II (3). Judicial function in constitutional cases, the federal system, powers delegated to national government, powers reserved to the states, due process of law, and fundamental individual rights.

LAW 5522. Legislation and Regulation (3). This course introduces students to creation, interpretation, and application of statutes and regulations, and explains the central role that they play in modern American governance.

LAW 5700. Torts (4). Civil liability for harm to persons and property, including intentional torts and privileges thereto; negligence, causation, and defenses; strict liability, products liability, defamation, privacy, and interference with advantageous relationships.

LAW 5792. Legal Writing and Research I (2). Use of law library, legal research techniques, and practical work in analyzing legal problems. Students meet in small sections to work on specific legal problems assigned to them.

LAW 5793. Legal Writing and Research II (2–3). Legal writing techniques, practical work in analyzing legal problems, preparation of an appellate brief, and the argument of an appellate case. Follows LAW 5792.

LAW 6010. Sales and Leases (2–3). Rights and responsibilities of sellers, buyers, lessors, and lessees of personal property under UCC Articles 2 and 2A; transactions in documents of title, bulk transfers, and letters of credit under UCC Articles 5, 6 and 7; United Nations Convention on the International Sale of Goods and other international law governing documents of title and letters of credit.

LAW 6030. Secured Transactions (2–3). Security interests in personal property; creation, perfection, priority, and enforcement security interests under UCC Article 9; effect of bankruptcy on secured transactions.

LAW 6032. Commercial Paper (2). This course examines the 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.

LAW 6035. Commercial Law Survey (1–4). Basic introduction to and survey of the law of sales, leases, commercial paper, fund transfers, letters of credit and secured transaction under the Uniform Commercial Code.

LAW 6060. Business Associations (4). General principles of law relating to agency and partnerships, followed by a more detailed study of the modern business corporation. Formation and structure of the corporation, powers, controls, and obligations of officers and directors, rights and liabilities of stockholders, rights of creditors, stockholder’s representative actions.

LAW 6062. Agency and Partnership (2–3). A study of the basic principles of agency and partnership law, including limited partnerships, limited liability partnerships, and limited liability companies.

LAW 6080. Insurance Law (2–3). An overview of insurance theory and regulation with emphasis on recurring coverage litigation and interpretation of insurance contracts.

LAW 6260. Public International Law (3). Problems of jurisdiction on an international level with emphasis on the role of law in an orderly world society. Also examined is the status of individuals and associations operating across national and other territorial boundaries.

LAW 6261. International Business Transactions (3–4). Study of the structure of individual transnational business and commercial transactions.

LAW 6302. Federal Jurisdiction (3). Prerequisites: LAW 5501, 5502, 5300. Federal court system; examination of original and removal jurisdiction of United States District Courts; relationships between state and federal courts at all levels.

LAW 6305. Remedies (3). Prerequisites: LAW 5000, 5400. This course is a study of legal and equitable remedies and procedures available including compensation, restitution, exemplary damages, injunctive forms of relief, specific relief under various legal circumstances, such as reformation, recision, and restitution.

LAW 6310. Alternative Dispute Resolution (2–3). Introduction to non-judicial mechanisms for the resolution of disputes, including interviewing and counseling, negotiation, mediation, and arbitration, and the development of basic ADR skills using role-playing exercises and simulations.

LAW 6312. Mediation (3). Introduction to mediation theory and practice and development of basic mediation skills using role-playing exercises and simulations.

LAW 6313. Negotiation (1-4). This course introduces the theory and practice of negotiation in a workshop setting. Students examine the basic stages of a negotiation; the major tensions at play in negotiation; distributive bargaining, value-creating, and problem-solving techniques; the management of communication and emotional elements in negotiation; power dynamics and ethics; and other topics as time allows. The course is designed to help students develop negotiating skills and a framework for ongoing self-learning through role-playing simulations, discussion, reading assignments, and regular journal and writing exercises.

LAW 6315. Arbitration (3). Basic introduction to the law and process of arbitration.

LAW 6330. Evidence (4). Prerequisite: LAW 5300. Rules of evidence developed by common law courts and legislatures; rules of evidence, federal and state; special emphasis on judicial notice, examination of witnesses, privilege and competency, constitutional provisions, relevancy, remote and prejudicial evidence, best evidence rule, opinion and expert testimony, hearsay rule and its exceptions, burden of proof and presumptions, judge and jury.

LAW 6420. Land Transfer (2–3). This course is a study of basic transactions in real property. Among the topics covered are the respective roles of lawyers and brokers in the conveying process, sales contracts, recording acts, title insurance, remedies for contract breach, and basic mortgage law.

LAW 6426. Real Estate Finance (3). Recommended: LAW 6600r. This course is designed to train students to analyze complex commercial real estate transactions. It is interdisciplinary within law, attempting to integrate topics including basic mortgage law, usury law, subordination agreements, mechanics lien law, selected uniform commercial code issues, choice of business entity, federal and state securities law and, importantly, federal income tax law. Condominiums and cooperatives are discussed as security devices. The federal income tax coverage concentrates on a handful of issues fundamental to commercial real estate transactions, especially the tax treatment of indebtedness and tax aspects of leasing arrangements, including synthetic lease transactions.

LAW 6430. Gratuitous Transfers (4). Prerequisite: LAW 5400. The law relating to administration of decedents estates; establishment and validity of private and charitable trusts; execution, revocation, validity, and construction of wills; class gifts; powers of appointment; future interests; and the Rule Against Perpetuities.

LAW 6460. Land Use Regulation (3). Prerequisite: LAW 5400. A study of land use and regulation, including zoning, public acquisition, various innovative land use controls, subdivision controls, growth management, wetlands and shorelands controls, and a discussion of the relationship between energy and land use.

LAW 6470. Environmental Law (3). A survey of environmental rights, remedies, and policy, with emphasis on the common law, background, the administrative overlay, and federal legislation, including NEPA, Clean Air Act, Water Pollution Control Act, Noise Control Act, and Toxic Substances Control Act.

LAW 6480r. Natural Resources Law (2–3). A survey of natural resources law, emphasizing water resources management and pollution control, wetlands regulation, and wildlife law. May be repeated to a maximum of five semester hours.

LAW 6520. Administrative Law (1–4). This course is a study of the legislative, executive and judicial control of administrative action.

LAW 6524. Statutory Interpretation (3). Statutory and quasi-statutory legal materials: their use and interpretation.

LAW 6530. Local Government Law (3). An examination of the powers, limitations, and special legal considerations concerning local governments. Special consideration is given Florida problems concerning county and municipal governing bodies.

LAW 6545. Employment Law Survey (3–4). Survey of basic legal and policy concepts governing the employment relationship.

LAW 6550. Antitrust Law (2–3). Introductory study of contemporary U.S. antitrust law and federal policy regarding regulatory control of the competitive process in the American economy.

LAW 6555. Law and Economics (3). Introduction to basic microeconomic principles necessary for lawyers to understand economic analysis as used in the legal literature and to use and evaluate legal arguments that rely on economic analysis.

LAW 6572r. Copyright Law (2–3). Recommended prerequisite: LAW 6750. Survey of federal copyright law and closely related doctrines. A study of the Copyright Act, including protectable subject matter, scope of protection, remedies for infringement, and permissible use of copyrighted material. May be repeated to a maximum of five semester hours.

LAW 6600r. Taxation I (3–4). A study of the fundamental concepts employed in federal income taxation , the public policies that underlie the current system, and the impact of the system on individuals and business entities. May be repeated to a maximum of seven semester hours.

LAW 6610. Corporate Tax (2–4). Prerequisite: LAW 6600. Federal corporate income taxation; techniques for distributing wealth from corporations without paying tax at two levels; special problems of corporate liquidations, mergers, and reorganizations.

LAW 6618. Taxation of Business Entities (3). This course introduces students to the federal income taxation of corporations, partnerships and limited liability companies. Topics covered will include choosing the appropriate entity, formation of the entity, operation and distribution, sales of interests, and liquidation. Tax-free reorganizations and other similar transactions will be covered in this course.

LAW 6620. Estate and Gift Tax (3). Introduction to federal taxation of estates and gifts.

LAW 6702r. Products Liability (2–3). A survey of the law of liability for product injuries, including litigation, product safety regulation, and alternative means of resolving injury claims. May be repeated to a maximum of five semester hours.

LAW 6703. Advanced Torts (2–3). Prerequisite: LAW 5700. Advanced study of contemporary tort law and policy, focusing in depth on the jurisprudential and economic foundations of injury compensation generally and in the context of several particular tort law doctrines.

LAW 6705. Workers’ Compensation (2–3). A study of the workers’ compensation insurance system.

LAW 6720r. Health Law and Policy (2–3). A study of numerous topics including national health care programs, health care financing, reimbursement, licensing and accreditation, hospital organization, physician and patient autonomy, antitrust law, quality of care and medical malpractice, and ethical issues related to availability of health care and services. May be repeated to a maximum of five semester hours.

LAW 6750. Patent Law (2–3). This course is a survey of patent, trademark, and unfair competition law.

LAW 6794. Writing Skills (3). A workshop to develop and refine writing skills in legal contexts.

LAW 7040. Consumer Law (2–3). Survey of the law of consumer protection.

LAW 7050. Creditors’ Rights (3). Enforcement of attachments, garnishments, debtor’s exemptions, fraudulent conveyances, and rights of debtors to be relieved of obligations; emphasis on bankruptcy jurisdiction, procedures, and administration.

LAW 7054. Bankruptcy Policy Seminar (2). Prerequisite: LAW 7050. Advanced study of selected topics regarding bankruptcy law and policy.

LAW 7064. Corporate Finance (2–3). Prerequisite: LAW 6060. Advanced study of economic principles and legal rules pertaining to the public and private funding and restructuring of business corporations.

LAW 7111. Criminal Procedure - Police (2–3). Advanced study of selected federal constitutional constraints on the law enforcement evidence-gathering and investigative process.

LAW 7113. Criminal Procedure - Adjudication (2–3). Advanced study of selected federal constitutional constraints on the criminal justice adjudicatory process.

LAW 7116. Florida Criminal Procedure: Pre-Trial (2–3). Prerequisite: LAW 5100. Advanced study of selected issues regarding Florida criminal practice and procedure.

LAW 7210. Jurisprudence (1–4). A survey of contemporary jurisprudential thought.

LAW 7227. American Legal History I (2–3). Survey of early American legal history (circa 1600-1800), including the British background, the first state constitutions, the Articles of Confederation, the Constitutional Convention and ratification debates, and the adoption of the Bill of Rights. May also cover the development of the American judicial system and sources of early American law.

LAW 7228. American Legal History II (2–3). Survey of 19th century American legal history, including the Marshall Court, slave law, the impact of the Civil War and Reconstruction, Indian law, and the effects of industrialization.

LAW 7229. American Legal History III (2–3). Survey of modern American legal history (since 1890), including the erosion of private law, the rise of legal realism, and the development of judicial standards.

LAW 7233. Cyber Law (2–3). Introduction to legal issues regarding the Internet, including first amendment, privacy, tort liability, and copyright.

LAW 7246. Lawyers and Literature (2–3). Perspectives course using the perceptions of the novelist as a way of exploring the interactions of lawyers and the legal profession with the larger society.

LAW 7250. Comparative Law (2–3). A perspective course providing an introduction to the civil law tradition.

LAW 7252. Comparative Criminal Procedure (2–3). Perspectives course. Study of the procedural rights of those accused of crime comparing U.S. jurisprudence with that of England, Wales and other British Commonwealth authorities.

LAW 7262. International Trade (2–3). Advanced study of the law and policy of international trade and economic integration, with an emphasis on regional economic integration in the Americas.

LAW 7264. Immigration Law (2–3). Study of immigration law and national policy.

LAW 7266. International Litigation (2). Advanced study of international litigation for the resolution of private and public disputes.

LAW 7268. International Environmental Law (2–3). This is a problem-oriented course focusing on issues including marine pollution, transboundary movement of hazardous waste, climate change, biodiversity, the relation of population and the environment, and other global and transboundary environmental problems. This course is usually offered every other year.

LAW 7303. Florida Civil Practice (2). Prerequisites: LAW 5300, 6330. Florida practice from the commencement of action through final judgment; emphasis on Florida rules of civil procedure with preparation of materials for trial.

LAW 7307. Advanced Civil Procedure (2–3). Advanced study of selected topics regarding federal civil procedure, especially class actions and other multi-party litigation.

LAW 7340. Conflict of Laws (3). Law as it relates to transactions and relationships having elements in more than one jurisdiction.

LAW 7360. Trial Practice (2). (S/U grade only). Prerequisites: LAW 5300, 6330. Trial practice from the commencement of action through final judgment and postjudgment procedures. Emphasis on skills, technique, and tactics of a trial. Consent of instructor.

LAW 7370. Supreme Court Roleplay (2–3). Prerequisite: LAW 5501. This is a roleplaying seminar in which students act as current United States Court Justices to decide three actual cases pending on the Court’s docket after briefing and oral argument by student advocates.

LAW 7372. Advanced Writing Skills: Appellate Briefs (2). Prerequisites: LAW 5792, 5793. Advanced skills course designed to strengthen students’ analytical, writing, and research skills, using appellate advocacy as the context.

LAW 7431. Estate Planning (2). Prerequisites: LAW 5400, 6430, 6620. This course focuses on donative arrangements for the disposition of property, including the income, estate, and gift tax consequences, and the effect of the law of future interests.

LAW 7475. Coastal and Ocean Law (2–3). Advanced study of property law, water and natural resources law, and constitutional law from the perspective of the special needs of the coasts and oceans.

LAW 7476. Law of the Sea (2–3). A study of the international law of the sea, including navigation rights, marine resources, and environmental problems.

LAW 7477. Environmental Issues in Business Transactions (2–3). A study of environmental issues arising in the context of business transactions such as real estate development and sales, leases, lending agreements, corporate mergers and acquisitions, and securities disclosure.

LAW 7481. Energy Law and Policy (2–3). Advanced study of current energy law and policy, including the extraction, conversion, and distribution of energy resources.

LAW 7482. Endangered Species Protection Law (2–3). Advanced study of the protection of at-risk species under the Endangered Species Act, and of contemporary law and policy regarding ecosystem management and biodiversity conservation.

LAW 7503. State Constitutional Law (3). General principles of constitutional law under the constitution of Florida. Judicial function in constitutional cases, powers of the branches of state government, local government powers, individual rights.

LAW 7510r. Civil Rights (2–3). Prerequisites: LAW 5501 and 5502. Focus on selected federal statues enacted to remedy violations of federal constitutional rights. The principal Reconstruction Era Statues, 42 U.S.C. Sections 1981, 1982, and 1983, are examined in depth. May be repeated to a maximum of five (5) semester hours.

LAW 7511r. First Amendment (2–3). Prerequisites: LAW 5501 and 5502. A study of First Amendment principles and their application in modern areas of communications practice. The course will develop theory, explore policy considerations, and expose students to parties that have participated in several significant media law cases. May be repeated to a maximum of five semester hours.

LAW 7512. Church and State (2–3). Prerequisites: LAW 5501, 5502. Advanced study of issues arising under both the Establishment and Free Exercise clauses of the U.S. Constitution.

LAW 7521. Florida Administrative Practice (2–3). Legislative and judicial control of state administrative action. Major emphasis is on the impact of the Florida Administrative Procedures Act on selected state agencies in their rulemaking and adjudicating functions.

LAW 7549. Employment Discrimination (3). Study of the various statutes and executive orders governing the employment relationship relating to discrimination on the basis of sex, race, age, religion, color, national origin, and sexual preference.

LAW 7560. Securities Regulation (3). Prerequisite: LAW 6060. Regulatory aspects of corporate finance, concentrating heavily on the fundamentals of the Securities Act of 1933 and the Securities Exchange Act of 1934.

LAW 7565. Securities Litigation Seminar (2). Prerequisite: LAW 6060. Advanced study of selected issues involving litigation under the federal or state securities laws.

LAW 7574. International Aspects of Intellectual Property (2–3). Advanced study of law and policy for the protection of intellectual property rights (IRPs) on an international basis, including framework created by various treaties and conventions.

LAW 7575. Entertainment Law (2–3). Advanced study of the law pertaining to the entertainment industry, with special emphasis on transactional planning.

LAW 7613. Taxation of Business Entities II (2–3). Prerequisites: LAW 6600, 6618. Advanced study of the federal income tax treatment of mergers, acquisitions, and other reorganizations and divisions involving corporations, partnerships and limited liability companies.

LAW 7660. Tax Policy (2). This seminar will evaluate topics such as the choice of a tax base (income or consumption), rate structure (flat or progressive), taxable unit (individual or family), and method of government spending (direct or through the tax system via tax expenditures) against the tax policy norms of equity, efficiency, and administrability to determine how well the present tax system satisfies these norms.

LAW 7680r. International Tax (2–3). Prerequisite: LAW 6600. A study of the federal income tax laws and international tax treaty provisions that apply to transactions that cross international boundaries. May be repeated to a maximum of five semester hours.

LAW 7704r. Mass Tort Litigation (2–3). An advanced study of the substantive law, complex procedures, and ethical issues of mass tort litigation. May be repeated to a maximum of five semester hours.

LAW 7710. Family Law (3). Legal relations and problems incident to the creation, preservation, and dissolution of the family unit. The course includes marital affairs and actions, adoption, child custody, and criminal and tortious conduct pertaining to domestic relations. Emphasis is placed on possible conflicts between the interests of the state in this area and the private interests of the individuals concerned.

LAW 7716. Florida Dissolution of Marriage (2–3). Advanced workshop on Florida marital dissolution law.

LAW 7722. Bioethics and the Law (3). Advanced study of law and values in health care and the biomedical sciences.

LAW 7730. Admiralty Law (2–3). Introduction to the law of the sea, including maritime jurisdiction.

LAW 7750. Professional Responsibility (3). A required course in satisfaction of the Florida Bar requirement for curricular study of the aspirational and disciplinary regulations of the integrated bar. Critical attention is given to the exclusionary and anticompetitive practices of the organized Bar, and to controversy over the deficiencies of various codes and formal (and informal) advisory opinions on professional behavior. The course is intended to furnish some insight into the customs and courtesies, sociology, and expectations of lawyers performing their various tasks in a variety of environments.

LAW 7760. Accounting and the Law (2–3). Study of accounting concepts and policies and their effect upon rules of law.

LAW 7805r. LLM Writing Project (3). (S/U grade only). This course is designed for students completing the LLM in Environmental Law and Policy to remain matriculated at the College while completing their capstone project. Course may be repeated with instructor permission to a maximum of six semester hours.

LAW 7840. Sports Law (2). Advanced study of state and federal laws relating to the business of amateur and professional sporting competition as entertainment.

LAW 7910r. Directed Individual Study (1–5). (S/U grade only). Prerequisites: Upper-division level and instructor permission. Independent research culminating in a quality paper written under supervision of a faculty member. May be repeated to a maximum of five semester hours.

LAW 7915r. Legislative Policy Studies (1-3). Individual research on assigned selected topics leading to the drafting of papers, policy statements, reports, and/or proposed litigation. May be repeated to a maximum of four semester hours.

LAW 7930r. College of Law Special Topics (1–5). Consideration of special legal areas not included elsewhere in the curriculum. Credit is, and enrollment may be, determined by the instructor. May be repeated within the same term to a maximum of five semester hours.

LAW 7939r. Special Topics (2–3). (S/U grade only). This special topics course offers consideration of special legal areas not included elsewhere in the curriculum. May be repeated when content changes to a maximum of twenty-two semester hours.

LAW 7940r. Clinical Orientation (1–2). (S/U grade only). Prerequisite: Instructor permission. Introduction to the College of Law Clinical Programs, appellate brief writing, trial and appellate proceedings, and a review of applicable Florida practice and procedure.

LAW 7949r. Clinical Law Programs (1–15). (S/U grade only). Under the heading LAW 7949, the faculty offers several clinical programs (internships) to selected upper-class students. Enrollment is normally limited and may be competitive. Selection is determined by the several program element directors; these faculty members may impose special course prerequisites, grade point average requirements, and other selection criteria. These programs combine practical experience with scholarship and research. May be repeated within the same term to a maximum of thirty semester hours.

LAW 7950r. Law Review (1–5). (S/U grade only). Prerequisite: Upper-division level. Participation on the law review. Selection determined by directing professor. Upper-class students only. May be repeated within the same term to a maximum of twelve semester hours.

LAW 7951r. Moot Court Competition (1–3). (S/U grade only). Preparation for and participation in state, regional, and national moot court competition. Selection determined by directing professor. May be repeated within the same term to a maximum of three semester hours.

LEARNING AND COGNITION:

see Educational Psychology and Learning Systems