J.D. Elective course descriptions are included on this page:
In addition to taking required courses, upper-level students can choose from a variety of elective courses. Elective course offerings vary from semester to semester and may include courses that are not listed in this Catalog.
Before registration for any semester or session, students should consult the course information on www.csolaccess.com, on the Courses by Semester tab, for that particular semester or session. In addition to listing course schedule information, this page will have the most current information on:
The courses listed below have been offered in the past two academic years or are anticipated to be offered in the current academic year. The courses may not be offered every academic year or semester.
If you have questions about course offerings, please contact the Associate Dean for Academic Affairs, 843.377.2420, or by email to the Office of Academic Affairs.
A review of the law governing the organization and operation of subsidiary governmental bodies created by Congress or the state legislatures such as agencies, departments, commissions and boards. Included is a review of the authority of such bodies to establish and enforce rules and regulations to carry out legislative policies with regard to regulated industries, such as banking, insurance, public utilities, finance, industry, and the professions, and programs for the general welfare such as social security, occupational safety, and environmental protections, among others.
A study of the distinct body of federal law (both substantive and procedural) governing navigation and shipping. Topics associated with this field of study include: shipping, navigation, waters, commerce, seamen, towage, wharves, piers, and docks, insurance, maritime liens, canals, recreation, and piracy.
A survey of select maritime topics, including maritime insurance, liens and mortgages, general average, piracy and drug smuggling, oil pollution, sovereign immunity, and forum shopping.
This course will examine the Supreme Court’s treatment of race from the earliest days (The Amistad, Dred Scott) through the Court’s docket today (affirmative action, Voting Rights Act). We will see how the Supreme Court’s race cases have shaped and been shaped by surrounding events, and as we read the cases we will learn important lawyer’s skills like making a factual record, using precedent, and interpreting statutes. Some movie excerpts will help the cases come alive. When we are finished you will never again think of the Constitution or the Supreme Court in quite the same way.
This is a skills course for students interested in practicing in the Family Court. The course will emphasize South Carolina Family Court practice and procedure and will require the student to participate in the preparation of a mock family court case from initial client interview to the trial stage. Students will prepare a new client form, a financial declaration, an initial pleading, a motion and motion order, an affidavit, a discovery checklist, written discovery requests, a case plan, an exhibit list, a witness list, a trial notebook, and a final order. Planned class participation exercises include client interviews, motion arguments, depositions, witness interviews, and an abbreviated mock trial. Alternative dispute resolution methods also will be discussed. Students completing this course should be equipped to handle a simple Family Court matter from start to finish.
The advanced evidence course is designed to be a bridge between the basic evidence course and the course on trial advocacy. Emphasis is placed on the more problematic evidence rules (character evidence and hearsay, for example), as well as subjects that generally receive only modest coverage in the basic evidence course (such as privileges and presumptions). The course will also deal with cutting-edge developments in evidence law, including admissibility of electronic evidence (e.g., e-mails and web pages), as well as new Federal Evidence Rule 502. The course will emphasize the practical over the theoretical.
This course is designed to provide students with research skills that are especially helpful to new lawyers, regardless of career choice (e.g., private law firm, nonprofit, criminal law, academic, etc.). Topics covered include the use of primary and secondary sources; statutory/administrative law and legislative history; effective use of Lexis, Westlaw and other electronic databases, including Casemaker; the use of business resources; the role of the Internet in legal research; and nontraditional approaches to finding legal information. Emphasis will be placed on appropriate and effective research strategies and evaluation of sources, both print and electronic. Students will have assignments and a project.
The advanced legal writing course is designed for second, third, and fourth year students who have successfully completed Legal Research, Analysis and Writing (LRAW). The course is designed to apply broadly to many of the writing situations that students will encounter as legal professionals. It emphasizes two elements of good written communication: style - effective editing for clarify the conciseness; and reasoning - critical reading and persuasion. Students will complete several writing assignments throughout the semester.
Advanced Property will focus on the application of fundamental property legal principles, and policies related to the acquisition and ownership of property, and protection of individual property rights. This course will enable students to engage with and analyze central property law concepts and enhance their deeper knowledge of the core legal discipline. Student will develop key lawyering skills such as: investigating and researching, reviewing and analyzing legal documents, statutory analysis, legal reasoning and problem-solving, oral and written communication, simulated client counseling, and policy making and legal reform.
In this course, students will learn how to present and prepare a proper negligence claim, from a plaintiff’s perspective, to an insurance company and defendant. Students will learn how to represent someone involved in a typical negligence claim (car wreck/slip and fall) from start to finish. Students will do an initial client interview, and will learn how to present a claim package to the insurance company, draft pleadings for a lawsuit, draft interrogatories and requests to produce, conduct depositions in preparation for trial (litigation) and ultimately try a case to verdict, including crafting effective voir dire questions for a jury panel, striking a jury, and presenting the Court with relevant and easy to understand jury charges. Students will be provided with valuable forms which can be used in practice. Real life application of the South Carolina Rules of civil procedure and evidence will be discussed and applied. This course is a must for the law student interested in litigation or a plaintiff's practice. The course is taught and moderated by The Honorable Brian M Gibbons, a circuit judge and former family court judge who, along with several trial practitioners, brings a unique, practical, hands-on perspective to the student of how to practice law.
This course will provide an overview of the law and methods involved in settling disputes outside of the courtroom, including discussing methods such as arbitration, mediation, early neutral evaluation, and conciliation. Students will engage in hands-on exercises throughout the course.
This course will examine a number of topics related to the law of animals, including various issues that arise under the laws of property, contracts, torts, and trusts and estates. It will also examine various criminal law issues and constitutional law questions. The class will consider such issues as the definition of "animal" as applicable to anti-cruelty statutes, the doctrines of strict liability and negligence related to injuries caused by animals, the collection of damages for harm to animals, establishing standing for animal suits, first amendment protections, and the nuances of various federal laws.
This course aims to provide students with a solid foundation in the evolving landscape of AI-related laws and policies while delving into the AI and generative AI tools used in practice and the compliance and ethical complexities they raise for the attorney. Moreover, the course will explore how the integration of machine learning tools into legal practice has the potential to transform the delivery of legal services, making them more accessible to diverse populations, from individual consumers to government entities, legal aid organizations, and multinational corporations grappling with complex legal challenges.
The course will expose students to the key business and legal principles required to practice law within the entertainment industry. Students will have an opportunity to learn techniques and tactics essential in negotiating the development, production, and distribution of content for television. Students will gain practical knowledge of the industry by studying the transactional elements involved in television development and production, including: negotiating underlying rights; licensing content to networks; contracting with writers, producers, actors, and directors; facilitating physical production for television; marketing and distributing content domestically and internationally; as well as resolving issues pertaining to piracy and infringement.
This course examines the rules and procedures that determine who is, and is not, selected for the death penalty. It examines the social, moral, and legal implications of capital punishment, focusing on decisions of the Supreme Court since the early 1970s. Main themes of the course will include: jury selection; the allocation of decisionmaking authority between judges and juries; the role of prosecutorial discretion, the right to counsel in death cases and consequences of ineffective counsel; the role of aggravating and mitigating factors, including race and poverty; efforts to limit the arbitrary or racially discriminatory application of the death penalty; the rules governing juveniles and the mentally ill; the federal death penalty; the influence and relevance of foreign practice; and constitutional challenges to methods of execution.
This course explores the shifting and balancing relationship between the State, parents, and children while also examining dependency and delinquency issues facing children, their parents, and the State. Particular attention is paid to South Carolina law.
This course surveys issues that arise in disputes involving parties or events from more than one state or country. A primary focus will be on the differing approaches courts use to determine which jurisdiction’s law to apply to the dispute (choice of law). The course also will include discussion of recognition and enforcement of judgments between jurisdictions.
Prerequisites: Civil Procedure I & II
The objective of the course is to provide students with an overall and practical knowledge of construction law issues, with a focus on dispute resolution in court and alternate dispute resolution as they relate to the specifics of construction litigation. Students will learn the construction process from the initial contract and bidding stages through the contract administration, as well as the mechanisms for dispute resolution. During the class, they will be exposed to the various entities and various contractual documents typically involved.
This course will provide an overview of the constitutional principles, laws and regulations regarding free speech and press issues with an emphasis on content-based restrictions on speech (such as defamation and privacy) and the gathering of news (such as access rights, news gathering torts, confidential sources, free press and fair trial issues and developing technologies). The course will also consider cutting edge issues involving free speech and press and address whether the current body of law adequately addresses these issues.
This course goes beyond first year Contracts coverage with a deep examination of the monetary and non-monetary remedies available to aggrieved parties in breach of contract actions pursuant to both the common law and Article 2 of the Uniform Commercial Code.
This course will examine the legal protections afforded to authors and artists by copyright law as it pertains to works of art, motion pictures, music, literature, sculpture, design of useful objects, and software. The course will consider the history and the purposes of copyright law, with a view towards assessing its ability to respond to recent developments in technology. In addition to considering substantive copyright issues, the course will also examine the procedural elements of copyright infringement actions. Technological developments affecting copyright will also be addressed, such as issues related to computer software and the Internet, as well as technical protection measures and anti-circumvention rules.
The course will focus on pre-trial criminal motions practice in federal and state courts. Students will review case files and then be assigned to prepare and argue dispositive pre-trial motions. Any student who is interested in litigation will find this course useful.
This course will examine the post-investigation phase of criminal procedure including topics such as identifications, discovery, effective assistance of counsel, plea bargaining and guilty pleas, and sentencing.
This skills course will walk students through the entire criminal trial process, starting with case selection and trial preparation and ending with closing arguments, sentencing and verdict motions. The goal of the course is to prepare students who have an interest in pursuing a career either as a criminal defense attorney or as a prosecutor. The course will be part lecture and part practice, with the emphasis on practice. Students will engage in simulations of voir dire and jury selection, opening statements, direct and cross-examinations, objections, as well as learn how to conduct oneself the proper courtroom etiquette expected of an attorney.
This seminar is designed as a capstone course to survey current legal issues in amateur and professional sports and to provide a broad perspective of Sports Law, Litigation, and the Regulation of the Sporting Industry. Readings and class discussions will consider current events, and may examine the following topics: antitrust; labor law; contracts; constitutional law; torts; crimes; Title IX and sex-based discrimination; federal disability discrimination laws; the legal relationships between universities, professional organizations, and athletes; and, the intellectual-property and sports-broadcasting rights related to sports. Additionally, the class discussions may cover the following areas of regulatory compliance: the regulation of interscholastic and intercollegiate leagues, Olympic sports, and private and professional sports associations; athletic agents and their ethical duties; the regulatory authorities of the National Collegiate Athletic Association, the U.S. Olympic Committee, high school athletic.
Depositions are critical to pre-trial civil litigation. Effective depositions may limit the issues for trial or even lead to the resolution of a case through settlement or summary judgment. This experiential course will emphasize basic and sophisticated strategies and techniques in planning, taking and defending depositions in a civil case.
The family dynamic serves an integral role in American society. Domestic relations (family law) examines the rise and fall of familial relationships, as well as the rights and responsibilities that are derived from those relationships. Domestic relations is arguably one of the most essential areas of the law, with its effects weighing heavily on people’s lives, the volume of litigation seen in the court systems, and the financial and economic impacts in society. This course will broadly examine domestic relations, including marriage, divorce, and the child welfare system; however, this course will also span across traditional law school disciplines, such as civil procedure, evidence, and constitutional law, examining how the laws of domestic relations affect race, gender, and class.
The purpose of this course is to acquaint law students with the practical aspects of drafting. The preparation of legal documents is a major part of a lawyer's work in the practice of law, whether it is commercial representation, civil and criminal litigation, motion and appellate practice, domestic relations or any of the many other areas of law practice.
Prerequisites: Contracts I & II; Recommended: Business Organizations
Students who have taken Drafting Contracts, Loan Agreements (759) are not eligible to take this course.
Starting with the basic building blocks of all contracts and their functions, this course will teach the lawyer’s function in the drafting and negotiation of a business transaction, examine specific drafting skills and techniques, discuss issues that arise in reviewing contracts, discuss contract formalities, and discuss specific provisions found in typical financing agreements and acquisition agreements. Unlike drafting for advocacy, drafting for contracts is about describing with precision the meeting of two minds so that all readers will interpret the language the same way. We will undertake drafting exercises that will teach students to draft with clarity and precision to assist clients in the business world. Sample documents will serve to illustrate specific forms utilized by businesses to achieve their objectives in various transactions typical in today’s business environment.
Students who have taken Drafting Commercial Documents (756) are not eligible to take this course.
This course will examine issues affecting public education at elementary and secondary school levels. The course will introduce and critically analyze the legal and socio-economic characteristics of the public K-12 education system through topics such as: school safety and discipline, charter schools, special education, tenure, school district liability, reform, among other others.
As baby boomers reach retirement age, the United States is experiencing a “grey tsunami,” making elder law a growing practice area. Even if attorneys do not practice elder law, issues related to aging affect all legal practice areas and all families. This experiential learning course will focus on South Carolina and federal laws that affect the elderly. Students will gain practical experience from both the instructor and local experts. Students will learn how to draft estate planning documents and advance directives, probate an estate, and establish a guardianship and conservatorship. They also will hone their interviewing skills by conducting wellness checks on incapacitated adults under guardianship through the Charleston County Probate Court Visitor Program. The course also will cover elder abuse, funeral planning, housing, and funding long-term care, through private sources as well as government programs such as Medicare, Medicaid, and Social Security.
This course focuses on the fundamental elements of civil pretrial litigation according to the Federal Rules of Civil Procedure and South Carolina Rules of Civil Procedure. Students will learn the basic rules, procedures, tactics, and skills necessary to prepare a civil lawsuit for trial and settlement from the initial point of contact with a potential client through to mediation. The goal of this course is to provide students with a realistic pretrial experience through the use of readings, class discussions, and skills exercises.
This course examines the federal laws that prohibit employment-related discrimination based on race, color, religion, sex (gender), national origin, age, and disability. While primarily focusing on Title VII of the Civil Rights Act of 1964, as amended, this course also covers and considers, inter alia, the Americans with Disabilities Act (ADA) and the Age Discrimination in Employment Act (ADEA). In examining discrimination cases under these various federal laws, this course will explore applicable claim procedures, methods of proof and defenses, exceptions, remedies, and litigation strategies.
This course surveys common law, statutory, and constitutional regulation of the employment relationship. It examines many facets of the employment relationship including: employment at will; employment contracts; individual and collective job security; employer and employee interests in trade secrets, competition, and privacy; prohibitions against discrimination and harassment; wage and hour laws; health and pension plans; health and safety; and the resolution of workplace disputes.
This course covers the Resource Conservation Recovery Act, CERLCA (Superfund), the Clean Water Act including wetlands regulation, the National Environmental Policy Act, and the Endangered Species Act, as well as certain key general concepts pertinent to environmental law.
This course will focus on the process of vessel arrests and foreclosure sales of vessels and will also cover the use of Rule B of the Supplemental Rules of Civil Procedure as means of enforcing claims of a maritime nature. The core of the course will take students through the mortgage foreclosure process from arrest through the interlocutory sale of vessel and ultimate adjudication of claims.
This course focuses on the peculiar admiralty law of maritime liens for purposes of in rem proceedings in federal court. Such liens include personal injury, ship mortgages, salvage, and necessaries. Students will be offered a practical look at drafting pleadings for maritime liens that qualify for in rem actions; how a vessel arrest works in federal court; how to navigate and interact with the various parties involved in making such decisions; and how to negotiate and / or litigate the release of a ship under arrest.
The news is replete with high profile federal lawsuits challenging immigration laws and policies. However, current immigration law significantly restricts federal court jurisdiction over immigration lawsuits. This course will focus on this tension. The course will focus equally on federal procedure, practice, and doctrine and immigration law and policy. We will study and analyze the different strategies and theories that private litigants and government attorneys are using in federal courts to argue for and against executive amnesty, family detention, asylum, citizenship, and more.
The goal of this skills-based course is to prepare students who have an interest in pursuing a career in federal court, either as a criminal defense attorney or as a prosecutor. Through lectures and simulation exercises, the course will focus on preparing a federal criminal case from start to finish. Students will learn about and engage in simulations of case preparation, pre-trial motions, voir dire, and jury selection. Students will also engage in simulations of a trial, including opening statements, direct and cross-examination, objections, and closing arguments.
A study of the basic principles of federal income tax, concentrating upon individual taxpayers, business taxpayers, and investors as taxpayers. Particular emphasis is placed on the use of the Internal Revenue Code and the regulations thereunder.
This course will examine the federal workers compensation scheme covering longshore and harbor workers, defense contractors, nonappropriated funds workers, and individuals working on the outer continental shelf. The course will review, among other topics, jurisdiction, including concurrent jurisdiction; notice; statutes of limitation; employer-employee relationships; types of disability and loss of wage-earning capacity; dependency; third-party liability; and, subrogation rights of the employer and carrier.
First Amendment Seminar (Church, State & the Constitution) 7732 (2 credits)
This seminar focuses on the constitutional law that governs the relations of church and the government in this country. The course will examine developments in the law through the major United States Supreme Court cases concerning the Establishment and Free Exercise clauses of the First Amendment. In addition to addressing areas of overlap and tension between the two clauses, the seminar may also consider issues such as religion and public education, what counts as religion for constitutional purposes, accommodating religious minorities, and public aid to religious institutions.
**This course does not satisfy the upper-level writing requirement.
This course will address the history, theory, and case law of the First Amendment’s protection of freedom of expression. The course will cover the history and origin of the First Amendment’s Speech Clause and the various freedom of expression doctrines developed in the case law, including (but not limited to) prior restraints, vagueness and overbreadth, political speech, symbolic speech, “time, place, and manner” restrictions on speech, the distinction between content-based and content-neutral restrictions on speech, and categories of “unprotected” or “less-protected” speech including obscenity and offensive, hate, and commercial speech.
This course is a study of historical and contemporary laws, doctrines, and theories related to sex, gender, and sexuality. The rights of females and the impact of laws on their lives will be reviewed in the context of privacy, employment, marriage, education, family, and politics.
This course focuses on the duties and functions of Guardian ad Litem’s in the court system. The course will examine the statutory obligations of Guardians including how to conduct an investigation, prepare a report for the Court, file Motions, and participate in trial. Students will gain practical experience by drafting motions and orders, and preparing letters, along with other drafting assignments. Students will also develop essential practical skills needed for every practice area including effective interviewing, factual development through investigative practices, and presenting information learned (both orally and by way of written product).
An examination of cases, legislation, and administrative decisions related to higher education. Topics to be explored include campus safety, peer harassment and mistreatment, threatening activity in the aftermath of Columbine and 9/11, Internet-related issues and concerns, and the implications of legal controversies in the areas of curriculum, religion and values.
This course offers a broad overview of human trafficking law and policy as well as practical strategies for criminal prosecutions and civil litigation. Among the topics covered will be human trafficking in various forms such as labor trafficking; sex trafficking of minors; and, sex trafficking by force, fraud, and coercion. The course will examine various human trafficking statutes, both state and federal, in discussing litigation strategies.
This course will explore the legal, historical, and policy perspectives that shape U.S. law governing immigration and citizenship. Students will examine the constitutional bases for regulating immigration, the history of immigration law in the U.S., the source and scope of congressional and executive branch power in the realm of immigration, and the role of the judiciary in interpreting immigration law. The course will address citizenship and naturalization, the admission and removal of immigrants and non-immigrants, and the issue of undocumented immigration. Students will also analyze the impact of immigration in other areas, including employment, criminal law, family unification, and discrimination. Last, questions of immigration and national security will be explored.
This course focuses on the basic legal principles of copyright, patent, trademark, trade secrets, and other intangible property rights protected under federal and state law. This course is designed to serve as a foundation for students interested in focusing on intellectual property law as a career, or for the student that is interested in getting a basic understanding of the key legal principles of intellectual property.
This course will cover the history and development of the ocean container industry, focusing on relevant case law and legal regimes governing the international carriage of containerized cargo, including both current and prospective statutory regimes. As part of the course, students will have the unique opportunity to observe first-hand the operational side of the intermodal transport industry, including visits to a working container terminal, and presentations by representatives of major container shipping lines and others involved in the intermodal transport industry.
This course addresses U.S. domestic, foreign and international law applicable to private cross-border transactions. These cross-border transactions include the sale of goods, project finance, cross-border distribution and franchising, cross-border technology licensing, formation of foreign branches and subsidiaries, and cross-border joint ventures and acquisitions. This course benefits those who wish to practice business law, since the course introduces students to the range of transactional issues which business lawyers handle.
Students in this course will encounter a balanced, thorough introduction to the theoretical foundations and modern legal realities of international human rights law. Students will examine the workings of, and debates within, legal systems at the UN, African Union, European Union, and the Inter-American Court of Human Rights, among other organizations. Specific topics discussed in detail will include: universalism v cultural relativism; the importance (or lack thereof) of categorizing rights; ad-hoc international courts and tribunals in the wakes of mass atrocities; the activities of human rights advocacy NGOs within international courts; and the rights of migrants and refugees, among many other topics. Readings will include judicial opinions, treaties, UN conventions, NGO reports and academic journals, and students will be expected to participate regularly in in-class discussions during this course’s participation-heavy lectures.
Satisfies the Skills or Drafting Requirement
This course is designed to introduce students to the fundamental lawyering skills of interviewing, counseling and negotiating. Through hands-on exercises, students will develop these skills and learn how to apply them in different legal settings.
Satisfies the Skills or Drafting Requirement.
This course is designed to introduce students to the fundamental lawyering skills of interviewing, counseling and negotiating. Through hands-on exercises, students will develop these skills and learn how to apply them in different legal settings. Student exercises and practice models will focus on dispute or litigation clients, with a focus on gathering information in preparation for settlement conferences, negotiations, and to prevent or engage in litigation.
Satisfies the Skills or Drafting Requirement.
This course is designed to introduce students to the fundamental lawyering skills of interviewing, counseling and negotiating. Through hands-on exercises, students will develop these skills and learn how to apply them in different legal settings. Student exercises and practice models will focus on the traditional transactional client, with a focus on gathering information to draft or negotiate substantial agreements or documents.
This course provides the basic principles of international trade law, while focusing on the actual practice of international trade law in the United States. The primary areas of international trade law are covered, including Customs, Antidumping and Countervailing Duties, Export Controls and Sanctions, and Foreign Investment in the United States. The coursework will include an understanding of the guiding policies for the creation of these laws and will include some discussion of the WTO and other treaties involving trade to which the United States is a party. However, the main emphasis will be learning how the U.S. laws of international trade operate, including which U.S. agencies enforce these laws and how such laws are implemented and impact U.S. persons and entities.
The Construction Law course provides an overview of the legal concepts integral to practicing construction law. Students will learn key provisions included in typical construction contracts and the effect of those provisions as they relate to risk transfer, insurance obligations, time and cost claims, damages exposure, and dispute resolution. The course also will discuss construction litigation topics such as discovery techniques, construction defect claims and pre-notice requirements, among others. With a focus on South Carolina law and regulations, the course will also examine the mechanic’s lien process and the regulatory requirements for contractors, architects, and engineers, among other topics.
This course introduces the basic principles of state and local taxation, focusing primarily on select industries operating in a multi-jurisdictional environment. The emphasis of the course is on major principles as opposed to exceptions to general rules. Among the areas to be discussed, on a comparative law basis include state unemployment taxes, sales and use tax, income and franchise tax. Unlike federal taxes, where one law applies to all taxpayers, state tax laws vary. Therefore, rather than focusing on a single body of law, the course will examine general rules that apply in many states and will consider some common differences. In addition, because application of a particular principle may produce favorable results to one taxpayer but not another, the course will encourage students to approach an issue with an open mind, disregarding the traditional federal tax notions of “taxpayer position” and “government position.”
Jurisprudence is the study of theories underlying and explaining the origins and validity of legal rules. At the most basic level, jurisprudence asks what is justice, and why and when is it just to enforce particular rules of law. While jurisprudence involves questions of great interest to philosophers, it is also of enormous practical use for law reformers and appellate advocates who regularly confront the task of explaining to legislators, judges, and democratically engaged citizens why law should remain as it is or change. Subjects covered in the course may include constitutional theory, theories of punishment, theories of tort liability, theories of contractual obligation, theories of property, theories of just war, theories of international law, and critical race theory and feminist jurisprudence.
In this course, students examine basic land use regulations generally, and not solely South Carolina-specific laws. The course goals and objectives are to teach basic methods of legal analysis required for the students to learn the four pillars of land use controls: nuisance, servitudes, zoning, and takings (all four of which are bar-tested topics). I think students will benefit from the material in this course because the students will learn the rights and obligations that arise from these land-use, property laws. For example, the content of nuisance law is set down, essentially but not entirely, by common law courts. Servitudes are defined primarily by private law arrangements. Zoning is largely legislative, requiring a good understanding of politics and statutory analysis. And, takings law, including eminent domain and inverse condemnation, requires constitutional analysis. All of these methods of land use controls are alive and well, and (as I mentioned above) are bar-tested, as such this course will provide a useful survey of several substantive, doctrinal, and lawyering skills that our students should master, and serve as a capstone course prior to graduation and in prep for the bar exam.
A survey of the Law of the Sea and national, particularly United States, ocean policies. The Law of the Sea covers a range of highly diverse but related legal disciplines: admiralty and maritime law, international law, crime (including "white collar" crime, terrorism, and piracy) on the high seas, environmental law, and commercial trade. Starting with the historical development of the law of the sea, the course will deal with such topics as maritime boundaries, high seas freedoms, terrorism and crime on the high seas, piracy, nationality of vessels, sovereignty over internal waters and ports, territorial seas, management of ocean fisheries, protection of marine species and marine environmental protection, mineral exploitation of the seabed, and, time permitting, shipwrecks and underwater cultural resources. We will also examine the modern law of the sea as reflected in the United Nations Conference on the Law of the Sea. Students will have the opportunity to develop knowledge of the subject matter by doing a research paper and presenting their topic to the class. Final papers are due by the end of exam period. An exam in lieu of a paper is permitted. Students who do an exam will have to do a brief class presentation on a LOS topic. Topics for papers and class presentation will be approved by the Professor.
This upper level comprehensive seminar course is devoted to the economics of practicing law, with a special emphasis on how to start and build a law practice. Students will be organized into firm management teams and each team will prepare a written business plan. The daily work of a practicing attorney will be thoroughly analyzed. Class discussion will involve practical approaches to real-world situations that attorneys face daily in their busy practices. There is no final examination.
Lawyers need an understanding of media law, whether they represent clients on media law matters or find themselves involved in a high-profile case or issue. The course will focus on defamation, invasion of privacy, information gathering (including state and federal FOIA and open meetings acts), protection of news sources, and free press and fair trial issues. Other topics will include obscenity, broadcasting, and commercial speech with a focus on attorney speech. Students will gain practical experience by drafting pleadings, memoranda and letters and learning how to effectively work with the press.
This course is designed to give students a comprehensive understanding of the fundamental principles and practical applications of strategic thinking in the legal profession. Students will develop critical thinking and problem-solving skills by examining real-world legal scenarios and discussing the strategic decisions made by legal professionals. Topics covered will include legal research methodologies, client counseling strategies, and ethical considerations in legal decision-making.
Prerequisite: LRAW I (550).
Technology (AI, bots, blockchain, etc.) and innovation are transforming the role of lawyers and the delivery of legal services. Even basic competency in the technology used in a legal office today is a must for the modern lawyer. Students will explore both the current trends and future possibilities of technology use in the law. After an introduction to the fundamentals of technological innovation and legal system design, the course will provide students with the theoretical and practical background for different legal technologies that are in everyday use in the profession today. This course will introduce students to legal technology in a hands-on, experiential setting, focusing on the practical application and implementation of legal technology tools in practice. Prior experience with technology is not a prerequisite for this class.
This course is designed to have students negotiate, structure, and draft a commercial contract from the practitioner’s point of view and then create specific litigation documents to address boilerplate and negotiated contract issues after a negotiation. Teams of students will be expected to draft transactional and litigation documents capable of achieving their client’s goals from the formation of a contract through breach to the commencement and eventual decision of the trier of fact.
This course covers contracts for insurance covering vessels involved in maritime activities such as carriage of goods or passengers, or in recreational vessel use (hull insurance), insurance on cargo carried by a vessel (cargo insurance), and liability of maritime parties to others (Protection and Indemnity Insurance). Coverage and liability issues and governing law are covered in depth.
This course is an advanced survey of the substantive law and procedure applicable to maritime injury and death cases, with a focus on claims involving seamen, longshoremen, and other maritime employees.
This two-day course will cover the elements of "pure" and "contract" salvage. The difference between the two has enormous financial implications for plaintiffs, defendants, and insurance carriers. Interpreting salvage rights has a significant impact on the maritime lien analysis, the framework for which will be studied as to various parties' rights. We will also examine the methodology of determining awards for pure salvage cases and study the differences between the various interpretations around the country under general maritime law.
This course will introduce students to the law and practice of civil medical professional liability cases through exercises and simulations. Students will engage in pre-trial proceedings such as pleadings, interviewing clients and witnesses, and conducting discovery. Students will prepare for and participate in mock pre-trial conferences which will include witness examination, negotiation, and arguing pre-trial motions.
An introduction to United States military law. This course will explore the law as it relates to the individual service member, such as the Uniform Code of Military Justice, procedures of courts-martial, and restrictions to the individual liberties and constitutional rights of military personnel. Laws affecting the military organization, such as the law of armed conflict and military commissions, will be examined, as well as the role of the military justice system in light of modern views of criminal justice.
This course examines the legal framework for national and homeland security, especially in light of the evolution in this area of law following the events of September 11, 2001. The course includes detailed analysis and discussion of the separation of war and security powers among the three branches of government and current issues surrounding the role of each branch. After exploring domestic law and its impact on national security policies, the course will introduce principles of international law and the interplay between these principles and this country’s domestic laws. Topics covered will include separation of powers, the role of international law on national security, the exercise of war powers in specific military conflicts, including Vietnam, Korea and the Persian Gulf and Iraq Wars, the detention of enemy combatants, an overview of U.S. intelligence agencies, a review of relevant statutes including the Foreign Intelligence Surveillance Act, the USA PATRIOT Act, the Classified Information Procedures Act, and the Espionage Act, and discussion of various national security legal issues raised by events that occur during the semester.
The course is meant as an introduction to the basic concepts contained in the Internal Revenue Code. The emphasis is on the taxation of human beings but there are significant portions of the course that apply to business entities as well as individuals. One important goal of the course is to introduce students to work with regulations and statutes. Please note: Students who have taken Federal Income Tax are not eligible to take this course.
The course will familiarize the student with pre-trial practices and procedures through a combination of lectures, guest lectures, reading assignments and pre-trial activities. Students will become familiar with the relevant Rules of Civil Procedure and other pre-trial techniques, including client interviewing and counseling, witness interviewing, informal discovery techniques, litigation planning, expert development and discovery, pleadings, interrogatories, depositions, requests for production of documents and things, requests for admission, pre-trial motion practice, settlement strategies, settlement brochures, settlement conferences, pre-trial conferences, and settlement agreements.
Students who have taken Elements of Pretrial Litigation are not eligible to take this course.
Students who have earned the distinction of Presidential Honors are eligible to take this seminar which will typically take place during the members’ third-year spring semester.
The discovery phase of litigation is crucial and increasingly dispositive as fewer and fewer cases go to trial. At the same time, discovery itself – seeking of relevant information from an adversary – is now overwhelmingly focused on electronic information like computer documents, email, and social media. This course will provide hands-on, practice-based training in the legal, technological, and ethical issues that are raised by e-discovery. Students will become familiar with the federal rules that apply to e-discovery as well as the growing body of case law focusing on document retention, cost allocation, spoliation, computer forensics and other discovery issues as they apply in the electronic context. Students will become conversant with the growing e-discovery lexicon and the importance of negotiating search terms, maintaining regular information management systems, ordering litigation holds, navigating metadata, and avoiding judicial sanctions. Students will gain practical experience through simulated discovery conferences, drafting, and negotiation relating to the preservation and production of electronically stored information.
This course will consider the history of the right to privacy looking at the implied Constitutional right to privacy and landmark U.S. Supreme Court privacy cases as well as current cases and issues regarding the right to privacy that might reach the U.S. Supreme Court. The course also will consider the state privacy torts of appropriation, intrusion, publication of private facts, and false light. Rounding out the course will be a discussion of current and pending legislation involving the right to privacy.
This course is an introduction to the basic concepts of products liability law including the theories and scope of liability arising from the manufacture and distribution of defective products. Focus is placed on the concept of defectiveness and defenses based on plaintiff's conduct and limitations on the liability of manufacturers and sellers. The course will also consider mandatory safety standards by administrative agencies as mechanisms for improving product safety levels.
This course is designed to provide a detailed overview of selected criminal and civil topics prominent in the interface between psychiatry and the law. These topics are not limited to, but will include the following: Criminal Competencies, including Competency to Stand Trial, Competency to be Executed, Competency to Testify, and Competency to Waive Miranda Rights; Mental State Defenses, including Insanity Defense, Diminished Capacity, and other psychiatric defenses; the Guilty But Mentally Ill plea; Civil Commitment Law and Procedure; Informed Consent; Confidentiality and Privilege; Sexually Violent Predator Law; Conservatorship / Guardianship Issues; and Testamentary Capacity.
The objective of this course is to acquire an understanding of the structure and characteristics of the public corporation and its regulation, focusing upon the public securities markets. The course will examine the basics of the securities markets, materiality of information, the definition of a “security,” disclosure of information required of public companies, antifraud provisions and insider trading. The course will also examine registration of public offerings and exemptions from registration and federal regulation of shareholder information requirements and proxy voting. The course will also include a survey of SEC investigations and enforcement proceedings.
This course will familiarize students with the nature and extent of poverty in America and the role of lawyers and legal institutions in addressing the legal needs of the poor. The course will examine areas such as welfare reform, fair housing laws, health care, family law issues, and disability claims, both Social Security and Veterans benefits.
A basic introductory course, designed to introduce students to the substance and nature of international law. Beginning with the creation and the development of international law and the use of custom and treaties, the course may cover the role of international law in U.S. courts, state responsibility, international criminal law; human rights; jurisdiction and immunities; act of state doctrine, the role of the United Nations and other international organizations; and decisions of the International Court of Justice and other international tribunals.
This course will examine how bills are introduced, amended and moved through state legislatures. The course will also examine strategies, concepts and tools to connect elected officials with their constituents and promote government transparency. Students will work on a legal framework with which to analyze these issues, work on draft model legislation, and public messaging.
This seminar course focuses on the history surrounding the creation of the U.S. Constitution to identify potential disconnects between what we believe the Constitution was intended to do and what it was designed to achieve. The class will consider what form of government the Constitution created and whether the reasons for these government structures have changed over the years. This class will also consider if the Constitution is obsolete by today’s standards by comparing it to other constitutions around the world (foreign and domestic) and by considering how other nations have been influenced by the U.S. Constitution.
This course will investigate the limits of the legitimate role of the state in regulating the human body. The course will consider whether there is a public interest in issues of bodily autonomy, focusing on reproductive and end-of-life choices, body modifications, and selling the body. Further, potential justifications for criminal and regulatory schema will be discussed as political and non-political motivations.
Remedies explores the forms and limits of judicial relief in civil actions. It considers the question of what plaintiffs are entitled to when they win a case and why. It will cover compensatory damages, punitive damages, restitution, unjust enrichment, and injunctive relief. While we will consider public remedies in constitutional cases, the majority of the course will focus on remedies in private law civil actions.
This course includes examination and discussion surrounding reproductive health including abortion and contraception law and policy, as well as regulation of individual’s actions during pregnancy. The course will also focus on the legal and ethical questions surrounding assisted reproductive technologies, sexuality, adoption, and parenting. The course will approach these issues with an interdisciplinary framework using various bodies of law, historical analysis, and current events.
This seminar will provide an in-depth examination of several of today’s most pressing issues in Property Law. Each student, after consulting with the professor, will select an issue about which he or she will become the “class expert.” Each student will then prepare materials for and will lead a class session on the legal issue he or she has chosen. In addition, students will write a substantial paper on that topic. A wide variety of topics are available to students, including, for example, environmental/conservation efforts, elder law, accessibility issues, beach access, and more.
An examination of the rules and statutes that govern the civil litigation process in South Carolina. Students will build upon the principles learned in Civil Procedure I and II while studying important South Carolina cases that highlight the similarities and differences between the Federal and South Carolina Rules of Civil Procedure. This course will provide practical knowledge of the rules and cases most helpful to an attorney litigating in South Carolina state courts.
Pre-reqs: Civil Procedure I and II
This course is an introductory course to South Carolina Family Law. We will discuss the broad jurisdiction of the Family Court in South Carolina and the various types of cases that are routinely litigated there. We will cover South Carolina statutory law on issues such as marriage, divorce, parental right and termination of parental rights. There will be an emphasis on the issues presented in typical divorce cases, such as divorce, alimony (or spousal support), child custody and child support, and equitable apportionment of property and debts. Mediation and other forms of alternative dispute resolution will be addressed, briefly. The primary objective of this course is to provide the student with a broad overview of South Carolina Family Law.
This course will assist the law student in acquiring a working knowledge of insurance law. We will begin with an overview of South Carolina Insurance Law and what is unique about South Carolina’s schemes of insurance. We will then review the various techniques in dealing with the selection and control of risks, the impact of intentional conduct on the carrier’s obligation to pay claims and the duties of the policyholder and insurer after loss. Finally, we will look at various types of insurance including automobile coverage, life insurance, property insurance and how these policies shift the risk of loss from the insured to the insurer, how they operate and remedies, including bad faith claims of the insured for failure of the insurer to pay.
This course builds on fundamental research skills by providing an overview on drafting and skills techniques used for researching Intellectual Property topics in various legal settings. Note this course is not limited to legal research as IP research often requires practical, non-legal research to identify existing intellectual property owners, licensees, and assignees. In-class research exercises and database searching in fee and free platforms will be an integral component of the course. Students will complete IP research in the topical areas of patents, trademarks, copyright, trade secrets, and international IP. Students will also have the opportunity to draft documents in the areas of IP licensing as well as rights applications. Students will also learn how to develop a research plan for different types of questions and identify the best and most cost-effective research sources based on the “clients” situation.
This course assumes a basic understanding of intellectual property law and vocabulary.
This upper-level course will start with a refresher of research fundamentals and then will explore in detail legal research resources. The course will also concentrate on fine-tuning researching skills for efficiency and accuracy, and drafting research-related documents for practice. Through skills and drafting exercises this course will focus on, among others, topics such as: drafting research journals and legal practice materials; cost-effective research and purchasing resources; docket searching; researching North and South Carolina laws and cases; and researching for better contract drafting.
Prerequisites: LRAW I & II
This course is designed for students interested in a practice in South Carolina. This course builds on fundamental research skills by providing an overview on techniques used for researching South Carolina topics in various legal settings. In-class and out-of-class research exercises and database searching in fee and free platforms will be an integral component of the course. Emphasis will be placed on developing cost-effective, appropriate research strategies, and evaluating South Carolina sources. Throughout the semester, students will complete readings that will allow them to complete several practice-based assignments involving legal skills such as research, document drafting, organization, collaboration, and presentations.
The goal of this course is to give students an understanding of the sophisticated research skills required for analyzing and creating law in the Executive Branch of our Federal government, covering in greater depth various Federal research topics introduced in the first-year LRAW classes.. During the course students will gain strategies for finding and using various legal and interpretive materials produced by the President and government agencies. The course addresses traditional and electronic research methods. Students will be required to complete a series of in-class and out- of -class assignments culminating in a final project where students will research and draft a Federal Regulation. A textbook is not required for this course, instead students will use the 2017 Document Drafting Handbook and Incorporation by Reference Handbook available for free from the National Archives Administration and applicable United States Statues.
This course will survey a range of legal issues presented by sports in America. Students should be prepared to learn and apply basic principles of antitrust law and labor law. Constitutional law, administrative law, contract law and tort law will also be applied. Topics will include the regulation of the professional sports labor market, drawing from contracts, and antitrust and labor law. The course will also treat the regulation of agent representation of athletes, the regulation of sports franchises and sports leagues, including the powers of commissioners' offices in major sports leagues and the regulation of intercollegiate sports.
Strategy is about learning to assess situations in practical terms of available resources, interactions, behaviors, and time, to better achieve one’s goals. In this course, students will learn the tools to analyze some common challenges that arise in the practice of law and to prepare strategies and tactics to tackle those challenges. By the end of the course, students will have a toolkit of skills in analysis, planning, and implementation that should provide a solid foundation for any challenge they may face as lawyers.
This course will address the issues practitioners routinely confront in international vessel finance transactions. Strategies for developing optimal transaction structures will be examined, in addition to coping with the differences between maritime law and land based commercial law. Conflicts of law issues inherent to an intrinsically cross-border industry will be discussed, as will the peculiar nature of maritime liens and ship mortgages. Finally, the class will explore the ramifications of recent United States Supreme Court decisions that impact maritime financial transactions.
This seminar will focus on a collection of decisions from the most recent U.S. Supreme Court term. The decisions will be studied and analyzed along several dimensions. First, the course will consider what the decisions tell us about the Court's approach to methods of constitutional and statutory interpretation. Second, the course will consider what the decisions tell us about substantive legal areas of interest, including federal courts, administrative law, executive power, the Bill of Rights, the Fourteenth Amendment, and precedent. Third, the course will consider what the decisions tell us about the ever-changing role of the Court in the American system of government.
This is the introductory course in the law of trademark. This course covers the law that governs how a distinctive marketplace identity can be legally protected. It will focus on the creation, maintenance, and enforcement of exclusive rights in trademark. Topics include: federal and state protection of trademarks, the common law of unfair competition, the federal remedy for unfair competition under section 43(a) of the Lanham Act, coverage of internet-related and international treaties relating to trademarks.
This course is designed to introduce students to the day-to-day practice of a Trademark Lawyer. Students will learn the practical skills that are a critical part of being able to successfully help clients identify, use, and maintain trademarks. Trademark law will be explored through practical exercises and writing assignments, including conducting searches and writing opinion letters on the availability of a trademark; prosecuting trademarks before the United States Patent and Trademark Office (USPTO), including responding to USPTO Office Actions, handling ex partes and inter partes proceedings, and the international filing systems; and exploring post-registration and enforcement issues, both domestically and abroad. If time permits, trademark licensing, U.S. Customs, and domain name issues may also be explored.
This course is designed to provide students with a comprehensive understanding of trauma-informed practices within the legal system. Students will explore the impact of trauma on individuals, families, and communities, and will gain practical skills for engaging with clients who have experienced trauma. Students will learn to identify lawyering strategies within the lawyer-client relationship, which remedies to seek, evidence to present and how to respond to arguments based on their client’s interest and objectives.
The study of the skills of advocacy in civil and criminal cases with primary emphasis on jury selection, opening and closing arguments, direct and cross examinations, and objections.
This course will familiarize students with the history, structure, and performance of the American system of sentencing and corrections. Sentencing is the process by which criminal sanctions are imposed in individual cases following criminal convictions; the corrections system implements and evaluates these sentences after they have been imposed. The course will examine sentencing theories and their application; the nature, scope and function of the corrections system; the impact of incarceration on crime and communities; the effectiveness of rehabilitation; the relationship between sanctions and crime; and, the consequences of prisoner reentry into society. There will be significant emphasis on alternatives to incarceration, looking at the local, state, and national level, and how these alternatives are best utilized to encompass all the goals of criminal sanctions. Guest lectures may include presentations by legal professionals, victims, offenders, and correctional leaders. We also plan to visit a correctional facility.
This survey course will introduce the types of benefits and compensation available to veterans, the rights all veterans have, as well as the procedures and processes used to obtain those rights and benefits.
This course examines the law surrounding the treatment of military service members, agents, and civilians under the control of the U.S. government after they have been charged with a war crime. The class will explore what constitutes a war crime and discuss the constraints of the rules of engagement. The course will discuss the Laws of War, the Military Commissions Act, the Manual for Courts-Martial, the Uniform Code of Military Justice, the War Crimes Act, as well as other relevant statutes and cases. Historical cases of war crimes, as well as recent events will provide numerous case studies with which to examine the actions of the U.S. government when it disciplines its own representatives.
This class provides an overview of the theory, substance and practice of white collar litigation in the criminal arena. It begins with a survey of the basic principles and theories underlying this area of law, including the principles that allow corporate criminal liability for the actions of individuals and individual liability for corporate actions. It addresses substantive areas of white collar criminal liability, examining the elements and issues of the most common regulatory schemes encountered in the interface between corporations and criminal law. Criminal offenses addressed include mail and wire fraud, money laundering, bribery, perjury, tax evasion, securities fraud, and other regulatory offenses. Throughout the course we will always take note of the actual practice of white collar defense and prosecution, looking at discovery, plea negotiation and trial challenges unique to allegations of corporate criminal activity. We will examine federal laws, sentencing regulations, and Supreme Court rulings that control punishment for common white collar offenses. Finally, the course considers overarching policy questions, looking at the role of federal courts in the imposition of criminal liability, and the consequences of overlapping state and federal jurisdiction.
A review of South Carolina’s scheme of workers compensation including total and permanent disability, loss of wage earning capacity, dependency, notice and claim, employer-employee relationship, and third-party liability and subrogation rights of the employer and carrier.