Course Descriptions - %1
Lessons of Litigation Law
This course will focus on a particular case each week, typically evidenced by a judicial opinion or series of opinions. Each case will be selected to emphasize some phase or facet of the litigation process, and discussion will center on strategic and tactical choices. Note: since students who take this course will be required to think like lawyers, they will be required to dress like lawyers when attending class sessions (i.e., coats and ties for men, appropriate business attire for women).
Mandela: Lawyer Extraordinary
Mandela: Lawyer Extraordinary will be taught by Professor Robert Kent. The course will focus on the life and work of Nelson Mandela, one of the great moral and political leaders of our time: a lawyer and international hero whose lifelong dedication to the fight against racial oppression in South Africa won him the Nobel Peace Prize and the presidency of his country. Requires Honors enrollment.
This course examines the legal problems involved in insurance against physical loss or damage to maritime property (hull), against maritime liabilities (protection and indemnity), and for damage to goods (cargo).
This course will cover the major United States laws imposing liability for pollution of inland and costal waters and the high seas, including CERCLA, the Clean Water Act, and the Oil Pollution Act of 1990. Special attention will be given to the relation between these laws and the general maritime law of the United States; problems of federalism and uniformity; comparison of the United States law with international conventions; and administrative decision making. Some prior knowledge of United States admiralty practice and administrative law would be helpful.
Marine salvage is the law of rewarding parties for rescuing goods and preventing damage in cases of marine peril. The concept is unique to maritime law and involves both a different calculation than the Common-Law concept of quantum meruit and give rise to a maritime lien, a ownership interest, in the property subject to salvage. We'll consider the elements of a salvage claim, and the distinction between salvage and other maritime claims, calculation of the salvage award, salvage for prevention of environmental damage, and problem involved in the recovery of sunken treasure including the relation of salvage to the law of finds and abandonment and issues involved in dealing with the United States and foreign sovereigns. In addition procedural issues of arbitration and forum selection will be considered. No prior knowledge of maritime law will be assumed.
Maritime Practice & Procedure
This course examines the procedural aspects of maritime practice. It focuses on the jurisdictional and legal basis of actions in rem, quasi in rem, and in personam. Special emphasis is on the Supplemental Rules for Certain Admiralty and Maritime Claims.
Mass Torts vs. Torts Reform
A mass tort is a civil action in which multiple plaintiffs are injured in a similar fashion by a defective product, hazardous substance or disaster. This course will review a selection of mass tort lawsuits, including tobacco, medical devices, environmental and occupational diseases. The class will take an in-depth look at the issues raised by complex mass tort lawsuits: issues of substantive tort law, civil procedure, litigation strategy, lawyer-client relationships, the economics of settlement, ethics, the judicial role, and societal impacts. The course will be taught by Donald Migliori.
When parties are unable to resolve their dispute through discussion or negotiation, a logical next step is to seek the assistance of a third party mediator to facilitate communication and the search for a solution. This workshop course is intended to familiarize students with the norms of the mediation process and to develop the lawyering skills that will enable students to either serve as mediators or to better represent clients in this increasingly important form of ADR. Attention is given to both facilitative and evaluative styles of mediation. Significant emphasis is placed on role playing exercises and on the legal consequences of the mediation process.
The Mediation Clinic is a one semester program in which law students earn 8 hours of academic credit mediating disputes under the supervision of a faculty clinic director. The law students will be trained in advanced mediation and other practical conflict resolution skills, and then will (1) assist disputing parties to achieve mutually agreeable settlements by serving as mediators, and (2) provide conflict resolution educational workshops in the community.
Prerequisites: Students wishing to enroll in the Mediation Clinic must meet the requirements of R.I.G.L. § 9-19-44, which mandates that mediators have received a minimum of 30 classroom hours of training in mediation. Law 733: Mediation meets this requirement, but other training courses might also be acceptable in the discretion of the clinic director.
Mental Health Law: A Multidisciplinary Approch
This course is designed to create a cross disciplinary environment where students can explore some of the critical issues that cross the boundaries between law and behavioral health. It will focus on selected topics, exploring each of them from a medical as well as legal perspective. The course will begin with an overview of the mental health system and its history, as well as an outline of the specialized legal environment in which it works. There will then be a series of focus sessions that zoom in on specific issues. There will be three skills workshops providing practical application of the material to common types of psychiatric hearings: civil certification; dangerousness; and competency/diversion. Brown University graduate students in psychiatry and psychology will be registered students in this course.