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Check
out the catalog
For
a full discussion about attendance, academic and admissions
requirements for the Charleston School of Law, you should
refer to our course
catalog.
|
Second-
and third-year coursework
Students are free to choose from a wide variety
of elective courses ranging from Historic Preservation Law, Admiralty
and Sports Law to Accounting for Lawyers and Poverty Law in their
second and third years of study.
In addition to electives, second year students must
also complete several upper-level required courses. Ample opportunities
for outside study are also available to second- and third-year
students, including various internships and clinics.
Required
coursework
(Approved
but not offered until 2005 and 2006 school years)
Constitutional Law 610
(3 hours)
A study of the basic principles of U.S. constitutional law, with
a focus on governmental powers and the role of the Supreme Court
in interpreting and enforcing constitutional norms, the nature
and scope of judicial review, the case and controversy requirement
and other limitations on constitutional adjudication, powers of
the president and Congress, the separation of powers doctrine,
and relationship of the national government to state governments
and principles of federalism.(back
to top)
Criminal Procedure 525 (3 hours)
A study of the procedural aspects of the criminal justice system
including the law of arrest, search and seizure, police interrogation
and the privilege against self-incrimination, with particular
emphasis on the impact of the fourth, fifth, and sixth amendments
to the United States Constitution and South Carolina criminal
procedure.(back
to top)
Evidence 630 (3 hours)
A study of the rules governing the introduction of evidence in
proceedings, both civil and criminal, in the courts. With a focus
on the purpose of securing fairness in administration, eliminating
unjustifiable expense and delay, and promoting growth and development
of the law of evidence, all to the end that the truth may be ascertained
and proceedings justly determined. (back
to top)
Business Associations 640 (3 hours)
A study of the formation, structure, and characteristics of the
various business entities including unincorporated associations,
agency, partnerships, for profit and nonprofit business corporations,
and limited liability companies.(back
to top)
Commercial Law 650 (3 hours)
A detailed study of commercial papers, bank collections and deposits,
letters of credit, and secured transactions under Articles 2,
3, 4 and 5 of the Uniform Commercial Code. (back
to top)
Family Law 660 (3 hours)
A study of the law and procedure surrounding the creation and
dissolution of marriages, the children's code, the property rights
of husbands and wives, and the division of marital property and
equitable support of children and needy spouses. (back
to top)
Equity 670 (3 hours)
An examination of the maxims of equity, the forms of equitable
relief, and the specific equitable remedies of rescission, reformation,
and specific performance, as well as the impact of equitable notions
across the United States legal system. (back
to top)
Insurance 680 (3 hours)
A study of the theory of insurance and basic insurance law including
an overview of the kinds of insurance and insurance contracts
in society. An introduction to the relationship of premiums, insurable
risk, risks insured against, and allocation of risks, the regulatory
regime which governs the insurance industry, the rights, duties,
and liabilities of insurer and insured, representations and warranties,
payment of losses, contribution and subrogation, reinsurance,
and actions on policies. (back
to top)
Advanced Legal Research & Writing
685 (See IL Requirements)
(Total 3 Hours)
Professionalism 570 (See
1L requirements)
Trial Advocacy 690 (3 hours)
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.
(back
to top)
Wills, Trusts & Estates 695 (3
hours)
A study of the law governing the drafting of wills, the probate
of wills, the appointment of Personal Representatives of decedents'
estates, the administration of such estates (duties and powers
of Personal Representatives), the appointment of Testamentary
Trustees, and the administration of trusts generally (duties and
powers of Trustees). (back
to top)
Elective Second- and Third-Year courses
(Approved
but not offered until 2005 and 2006 school years; electives may
be offered as seminars)
Accounting for Lawyers 700 (3
hours)
An introduction to the legal implications of accounting designed
to acquaint students with accounting terminology, basic financial
statement structure, basic accounting methodology, and an overview
of basic financial accounting principles for students who have
not previously taken an accounting course. Included will be balance
sheet analysis, income and cash flow analysis, and the "time
value of money." (back
to top)
Administrative Law 705 (3 hours)
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.(back
to top)
Admiralty 710 (3 hours)
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. (back
to top)
Advanced Trial Advocacy 715
(3 hours)
The course will provide advanced training in each phase of trial
preparation including motions in limine, voir dire, opening statements
and closing arguments, direct and cross examination, witness impeachment,
and rehabilitation. (back
to top)
Alternative Dispute Resolution (ADR)
720 (3 hours)
A review of the law and methods involved in settling disputes
outside of the courtroom. ADR typically includes arbitration,
mediation, early neutral evaluation, and conciliation. The course
will include the opportunity to gain the 40 hours of mediation
training for becoming a certified South Carolina mediator. (back
to top)
Antitrust Law 730 (3 hours)
An introduction to the area of law concerned with maintaining
competition in private markets. This includes a study of the law
and economics of monopolies and cartels, including the potential
benefits and harms of these market structures. Antitrust evaluates
business conduct that may lead to monopoly and cartel outcomes,
and the statutes, case law and other governmental policies that
attempt to maintain competitive market structures and competitive
conduct. (back
to top)
American Legal History 740 (3 hours)
A study of the history of the U.S. Constitution and American law.
It will include an examination of the early development of the
Supreme Court, and its interpretation of the Constitution. However,
this course is not about current constitutional interpretation
or the latest theories of the Supreme Court, instead it incorporates
consideration of historical developments in American law such
as the rise of the modern business corporation, the development
of legal education, and the increasing importance of the large
law firms, the use of class action litigation, products liability,
and the tort reform movement. (back
to top)
Bankruptcy 745 (3 hours)
A study of federal bankruptcy law and the rights provided secured
and unsecured creditors under state law, as well as the corresponding
rights of debtors. Specific attention is given to bankruptcy proceedings
under Chapters 11, 12, and 13 involving the rehabilitation of
the debtor to allow him or her to use future earnings to pay off
creditors and under Chapters 7, 12, 13, and some 11 proceedings,
in which a trustee is appointed to supervise the assets of the
debtor. (back
to top)
Business Planning 750 (3 hours)
A review of the legal issues involved in the start up of a business
including incorporating and financing a going business, reorganizing
the going business and buying, selling, or merging the business.
Attention will also be given to international business activities.
(back
to top)
Civil Liberties 753 (3 hours)
This course focuses on the United States Supreme Court's interpretation
of the basic rights and freedoms of the individual and how the
court has applied the resulting legal precedents to subsequent
disputes. The subject, however, is further animated by consideration
of political factors both internal and external to the court's
decision to combine the lessons of the legal models with the influences
of the political process. Emphasis is on the evolution and application
of the Bill of Rights. (back
to top)
Commercial Transactions (Sales)
755 (3 hours)
A more detailed study of commercial transactions, including the
law of sales, warranties, risk of loss, negotiable instruments,
bank collections and deposits, electronic fund transfers, and
secured transactions. (back
to top)
Conflict of Laws 760 (3 hours)
A review of the legal policies, the rules of law, and the constitutional
requirements for resolving disputes which involve multiple states
or nations. Included is consideration of the jurisdiction of courts,
enforceability of foreign judgments, and choice of the applicable
law to determine the issues in dispute. Particular attention will
be given to international law, tort, contract, property, succession,
family law, and "Conflicts in Cyberspace" because of
e-commerce. (back
to top)
Consumer Law 765 (3 hours)
A study of the case law and statutory provisions concerning unfair
trade practices, truth in lending, rescission rights for real
property, repossession, fair debt collection practices, attorney
fees in consumer litigation, garnishment and attachment, exemptions,
and consumer credit practices. (back
to top)
Elder Law 767 (3 hours)
A study of U.S. law affecting the elderly, including the law of
Social Security, Medicaid, Medicare, estate planning, advance
directives, etc. (back
to top)
Environmental Law 770 (3 hours)
An introduction to common law, statutes, constitutional issues,
administrative controls, and international law dealing with the
environment in the context of commercial activity and real estate
law. (back
to top)
Advanced Estate Planning 771
(3 hours)
This course involves a study of income, gift, estate, and generation-skipping
transfer taxes relevant to the estate planning process and working
through hypothetical clinical problems. The problems will include
comprehensive estate planning and drafting of documents to effectuate
the estate plan. The course involves extensive drafting and working
closely with the professor.
(back
to top)
Federal Income Taxation 773 (3 hours)
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. (back
to top)
Healthcare Law 774 (3 hours)
This course focuses on key concepts in health law such as the
structure of health care organizations, quality of health care,
and liability of health care providers. It also addresses access
to health care, financing mechanisms of health care, including
Medicare and Medicaid, regulation of health care, and oversight
of managed health care. New developments in health care law concerning
reproduction, bioethics, and human genetics are also examined.
(back
to top)
Historic Preservation Law 775 (3
hours)
An examination of the federal and state laws concerning historic
preservation, including tax laws and real estate opportunities
(and easements for structures, open areas and historic monuments,
locations, and other nationally recognized properties). Additionally
reviewed are current developments in historic preservation litigation,
recent decisions in the "takings" area and other constitutional
developments relating to landmarking of properties, including
the complex issue of landmarking historic religious properties.
(back
to top)
Intellectual Property 780 (3
hours)
An introduction to the basic legal principles of copyright, patent,
trademark, and trade secrets. Also attention will be given to
developments in the laws governing the protection of property
interests in computer software, the Internet, and industrial design.
(back
to top)
Land Use Planning 785 (3 hours)
A review of the law governing the development and implementation
of community planning including considerations of zoning, variances
and exceptions, constitutional takings, conservation, clearance,
and renewal, code enforcement, subdivision control, environmental
impact, and eminent domain. (back
to top)
Poverty Law 790 (3 hours)
A survey of the development of the law effecting persons because
of their poverty including such issues as limited access to legal
services, restrictions resulting from public taxing and financing
schemes, equal protection based upon classifications involving
wealth, due process in the distribution of public benefits, and
limitations resulting from family size and income level.
(back
to top)
Products Liability 795 (3 hours)
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. (back
to top)
Real Estate Transactions 800
(3 hours)
A review of the role of the lawyer with regard to the interdisciplinary
issues surrounding the acquisition and improvement of commercial
and residential real estate including methods of financing, tax
advantages, forms of ownership, syndication, feasibility studies
and public-private undertakings. (back
to top)
Secured Transactions 805 (3 hours)
A detailed review of the law that governs the creation and enforcement
of security interests in personal property to secure the repayment
of debt. This would include security agreements involving fixtures
and personal property that is "fixed" to real property
such as a home appliance. The course primarily concerns Article
9 of the Uniform Commercial Code. Other statutory liens which
are generally not governed by Article 9 but by the individual
statute that creates them will also be reviewed, as will bankruptcy
and other laws that affect the enforcement of security interests.
(back
to top)
Securities Regulation 810 (3
hours)
A study of the federal and state securities laws with emphasis
on the regulation security trading, including the functions of
the Securities and Exchange Commission, registration and disclosure
requirements and related civil liabilities, "blue-sky"
laws, proxy solicitation and reporting requirements, broker-dealer
regulation, the self-regulatory functions of the exchanges, and
the regulation of investment companies. (back
to top)
Sports Law 815 (3 hours)
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. (back
to top)
State and Local Government Law 820
(3 hours)
This course studies the legal status of local governmental units
in our political system, focusing on the structure and distribution
of power among levels of government. It reviews the scope of local
governmental powers in terms of the ability of municipalities
to respond to the needs of modern metropolitan communities. (back
to top)
State and Local Taxation 825 (3
hours)
A review of the law concerning state and local taxation including
constitutional limitations upon state and local taxation, multi-state
taxation and the problems of multi-state taxpayers, ad valorem
property taxation, and South Carolina's state taxes. (back
to top)
Workers Compensation 830 (3 hours)
A review of South Carolina's scheme of worker's 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.
(back
to top)
Interning, Clinics and Lawyering Skills
835 (3 hours)
Interning: Students spend ten hours per week working
with faculty and in the law office of an approved supervising
attorney or judge and participate in a weekly seminar.
Clinics: Clinics will include both class work for two
hours per week and clinic case work for ten hours per week.
Clinical courses will merge classical legal instruction with
practical training. Clinics under consideration involve medical-legal
services, bi-lingual legal skills, rights of indigent sea island
residents, and disability law and the rights of the disabled.
Lawyering Skills: Lawyering Skills courses are designed
to be intense exercises in developing particular skills necessary
to the practice of law and full participation in the profession.
They include Law Review Research and Writing, The Forensic Club,
Appellate Argument and Mock Court, Mock ADR.
(back
to top)
