::First Day Assignments

NOTE: Not all entries are listed alphabetically by instructor. Please scroll through the entire list.

Professor: Adkins, M Course Fall 2008 Legal Research & Writing § B Law 5792 Section 4656 Course Materials: Assignments: Read: Course Description (at "Syllabus" link on TWEN); Pflaum and Rambo book, ch. 1. Professor: Angelo Course Fall 2008 Professional Responsibility Section 1 Law 6750 Section 4638 Course Materials: Casebook: Paul T. Hayden, Ethical Lawyering, second edition, (2007) ISBN: 978-0-314-16225-0; and Rulebook: John S. Dziemkowski, Professional Responsibility Standards, Rules & Statutes (unabridged) (2008-09) ISBN: 978-0-314-190437 Assignments: First week: Prior to Mon., 8/25, read: Casebook pages 1-15: Professionalism Prior to Tues., 8/26, read: Casebook pages 16-28: Sources of Regulation & Rulebook pages 6-9: Preamble Prior to wed., 8/27, read: Casebook pages 28-42: Legal Education & Bar Admission Professor: Baldwin Course Fall 2008 Criminal Porcedure Police Prac. Law 6111 Section 5001 Course Materials: A full syllabus is in Prof. Baldwin's Office. Office No. 357 Holland Hall Assignments: Professor: Baldwin Course Fall 2008 Intl. Financial Crimes Law 6936 Section 6983 Seminar Course Materials: A full syllabus is in Prof. Baldwin's office. Office No 357 Holland Hall Assignments: Professor: Burke Course Fall 2008 Perspectives on the Family Law Lab Law 6930 Section 5027 Wed., 1:00-2:50 Rm. 355D Course Materials: Assignments: WEEK ONE - Introduction - Wednesday, August 27 Reading Assignment: (on TWEN) 1) Overview of A Florida Dissolution of Marriage 2) Sample Petition for Dissolution (with instructions for pro se litigants)(web link in pdf) 3)The following Florida statutes: Note: These statutes (and all Florida statutes assigned this semester) are listed on TWEN, under Statutory Materials, in numerical order (see Basic Framework.) 61.001 - purpose of chapter 61 61.021 - residence requirement 61.052 - grounds for dissolution Written Assignment: Please put your answers on TWEN by noon on Tuesday, August 26. NOTE: This assignment is based on your overall experience, and is NOT just based on the specific readings for this class. This assignment will not be graded. Please don't worry about getting the Aright@ answer. The purpose of the assignment is to give insight into how we think about the divorce process. Probably the most common question that clients ask at the first interview in a family law case is, AHow long will this take?@ Lawyers can seldom give their clients a definite answer. The best that lawyers can do is to explain the overall process, and point out the factors that could potentially slow down the process or move it along more quickly. Assume that you are preparing to interview a divorce client for the first time, and that you anticipate this question will be asked. List 5 factors that you believe could make the process either more drawn out/difficult, or more quick/easy. In Class Discussion: 1. Introductions: To lab course: Focus: basic Florida practice, and skills To fellow students To teacher 2. How is family law different from other types of practice (e.g., Civil or criminal)? Specialized divisions(Civil/Criminal/Family/Probate) Specialized rules of procedure Different burdens of proof Different goals Forward-looking, rather than blame placing Focus on interests of third parties (children) 3. Introduction to the basic legal process. Professor: Burke Course Fall 2008 Interviewing And Counseling Law 6381 Section 4813 Friday 9:00 - 11:50 Am Room 355D Course Materials: (1)Binder, Bergman, Price and Tremblay,Lawyers as Counselors-a Client-Centered Approach, 2nd Edition (2)Fisher and Ury,Getting to Yes,2nd Edition TWEN: The Interviewing and Counseling course is on TWEN. No password is needed. Assignments: Week One - Introduction To Interviewing Friday August 29 Reading: Note: This week's reading is more than is typical for the semester. The bulk of the reading for the course occurs in the first few weeks, as the skills of interviewing and counseling are first being introduced. All readings are from Binder, Bergman Price and Tremblay,Lawyers as Counselors - A Client Centered Approach,2nd edition, unless otherwise stated. Chapter 1, Client Centered Lawyering, pp. 2-13 Chapter 13, Principles Underlying Effective Counseling, pp. 270-275(up to, but not including 3. A Standard for ClientDecision-Making Chapter 2, Facilitators, pp.27-31 (up to, but not including 7. Personality Conflicts) Chapter 3, Active, Listening, pp 41-63 Chapter 4, Forms of Questions, pp 64-77 Chapter 5, Beginning Client Conferences, pp. 80-103 (up to but not including 6. Preparatory, Explanations) Chapter 7, pp. 166-186 Theory Development Questions Techniques Professor: Calfee Course Fall 2008 Income Taxation of Estates & Trusts Law 6621 Section 5246 Course Materials: Materials Federal Income Taxation of Estates, Trusts & Beneficiaries, Cases and Materials LAW 6621 - (materials are available at Wilbert’s, across the street). Code & Regulations for Sub Chapter J of the Internal Revenue Code. Suggested Reference Material (but not mandatory) Federal Income Taxation of Estates, Trusts & Beneficiaries, 3rd Edition, Ferguson, Freeland & Asher Law & Business. (If you are going to work in this area, this treatise should be part of your permanent library. It is available at Wilbert’s). Assignments: Tuesday, August 26, 2008 Problem No. 1 Read Code, Regulations & Florida Statues listed under "Assignment". Provide answers to problems. Professor: Clark Course Fall 2008 Health Care Law Law 6930 Section 3367 Tue., Wed., Thur., 10:00-10:50 Am Room 360 Course Materials: Mark A. Hall et al., Health Care Law and Ethics (7th ed. 2007) Register for two TWEN classes: (1) "Health Care Law" (2) "Clark Office Hours Sign-Up Sheet" and provide them both with a valid e-mail address. Assignments: Come prepared to discuss Moore v. Regents of the Univ. of Cal., 793 p.2d 479 (Cal. 1990). I also recommend reading Rebecca Skloot, "Taking the Least of You." Both of these are posted to TWEN under the "Course Marerials" heading. Also read the syllabus (posted to TWEN) with care. Professor: Clark Course Fall 2008 Criminal Law, Sec. IV Law 5100 Section 4594 Tue., Wed., Thur., 2:00-2:50 PM Room 355 C Course Materials: Kadish & Schulhofer, Criminal Law and its Processes (8th ed. 2007) Register for two TWEN classes: (1) "Criminal Law, Section IV" (2) "Clark Office Hours Sign-Up Sheet" and provide the both with a valid e-mail address. Assignments: From Kadish & Schulhofer read pages 67-105, coming prepared to discuss the case found on pages 73-78 with reference to the readings on pages 79-105. Also read the syllabus (posted to TWEN) with care. Professor: Cohen Course Fall 2008 Evidence § B Law 6330 Section 4805 Course Materials: Mueller and Kirkpatrick, Evidence Under the Rules:Text, Cases, and problems, Sixth ed., Aspen Pub., 2008 Assignments: There is no assignment for the first day (Mon. 9/25) of my Evidence course. However, the assignment for our two-hour class on the second day (Tues. 9/26) is long, and some students may wish to begin reading in advance. The textbook is Mueller and Kirkpatrick, Evidence Under the Rules: Text, Cases, and Problems, sixth ed., Aspen Pub., 2008. The second day assignment is to read pp. 1-29 concerning the structure of trials and pp. 478-482 excerpting from Tanner v. United States. Professor: Cohn Course Fall 2008 Business Organizations Law 6062 Section 4965 Course Materials: Text: Hynes & Lowenstein, Agency, Partnership and the LLC (Lexis Nexis abridged, either the 6th ed or 7th ed.): Introduction, pp. 1-8; Chap. 1 pp. 9-19 Statutory Supplement: Cohn & Ames, Florida Business Laws Annotated (Thomson/West, either the 2007-2008 ed. or 2007-2007 ed.): Overviews for Partnership, Limited Partnership, and Limited Liability Companies. Assignments: Professor: Cohn Course Fall 2008 Corporations § A Law 6063 Section 4798 Course Materials: Text: Soderquist, Chew & Smiddy, Corporations and other Business Organizations (Lexis 6th ed. 2005): Introduction, pages 1-27; Chapter 2, pp. 75-78, 136-149 Statutory Supplement: Cohn & Ames, Florida Business Laws Annotated (Thomson/West, either the 2007-2008 ed. or 2007-2007 ed.): Overviews for Partnership, Limited Partnership, and Limited Liability Companies. Assignments: Professor: Davis, J. Course Fall 2008 Creditors' Remedies and Bankruptcy Law 6052 Section 4973 Course Materials: Warren & Westbrook, Law of Debtors and Creditors Assignments: pp. 33-55 Professor: Davis, J. Course Fall 2008 Contracts Law 5000 Section 4532 Section 1 Course Materials: Farnsworth, et.al., Contracts Cases and Materials (7th Ed.) Assignments: pp 1-8 Professor: Davis, R. Course Fall 2008 Mediation Law 6383 Section 8110 Course Materials: Assignments: READ: Getting To Yes by Fisher, Ury, and Patton (entire book) Chapter 44 Fla. Statutes Mediation Theory and Practice by Alfini, Press, Sternlight, and Stulberg pp. 32, 107 - top of 109 My Use Of Personal Technology In The Classroom policy on TWEN. Professor: Davis, R. Course Fall 2008 Mediation Clinic Law 6940 Section 4922 Course Materials: Assignments: READ: Getting To Yes by Fisher, Ury, and Patton (entire book) County Mediator's Manual pp. 1 - 8 Chapter 44 Fla. Statutes My Use Of Personal Technology In The Classroom policy on TWEN. Professor: Dekle Course Fall 2008 Criminal Clinic-Porsecutor Law 6942 Section 4938 Course Materials: Assignments: Read Chs. 1-3 in "Prosecution Principles." Read "Prosecutor Takes a Dive' in Course Materials Folder on TWEN site. Be prepared to discuss the propriety of the prosecutor's actions in "Prosecutor Takes a Dive" in the light of what you read in Chs. 1-3 of "Prosecution Principles". Professor: Dilley Course Fall 2008 Income Taxation §A Law 6600 Section 5247 Course Materials: Casebook: Problems and Materials in Federal Income Taxation, Guerin, Postlewaite and Rosenzweig 7th Edition (PGR) Statute and Regs: Selected Federal Taxation Statutes and Regulations, Lathrope (2009 Edition, West Pub) The website for this course is on LEXIS, at their LEXIS webcourse site – you must be currently registered with LEXIS and have a current e-mail listed with them. You may register for the course – it’s listed as Income Tax, under my name – beginning Monday August 18th. Everyone must register for the web site, as I will use the e-mail function as a way to communicate with all of you as necessary, about class cancellations, changes in assignments, etc. Assignments: For the first class, Monday August 25th, read, for background, . PGR pp. 1-18 (to C); skim pp. 18- top 26; read 26-35; (pay particular attention to pp. 33-35 - it's a roadmap you can refer back to throughout the semester) For classes on Tuesday August 26th -Thursday August 28th , please read the following: For Tuesday, read Chapter 2, Sections A. Introduction and B. Various forms of gross income, subsections 1. Compensation for Services and Sale of Appreciated Property, pp. 37-39, and do problems 2-1 and 2-2. For Wednesday read Section B. 2. Income Without Receipt of Cash (we will discuss the McCann and Gotcher cases), and do problems 2-3, 2-4. and 2-5 (on p. 44) For Thursday, read Section B. 3 Barter Transactions, and do problem 2-7 (a) – (c); also read Section B. 4 Unanticipated Gains (the Cesarini case) and do problems 2-8, and 2-9 (a) and (b). Professor: Dowd Course Fall 2008 Perspectives in Family Law Law 6711 Section 5024 Course Materials: Weisberg and Appleton, Modern Family Law, 3d edition (Aspen 2006): all reading assignments are in Weisberg and Appleton 3rd edition unless otherwise noted Additional materials are on the TWEN site under "Course Materials" This is also posted on my TWEN page, which has lots of information about the class. Assignments: What is included below are the assignments for the first week of family law. Week 1: Aug. 26, 27, 28, 29(defining "family", family privacy/constitutional cases) 1-56 (replace Stenberg v Carhart with Gonzales v Carhart, on TWEN) Tuesday: Initial Assignment (for the first class, no reading is required): Define "family' and illustrate your definition. Your illustration may take any form you wish. This is an important assignment and will be the basis for discussion throughout the semester. Bring a hard copy of both the written definition and your illustration to the first class, identified only with your TWEN number. Submit a copy of only the written definition on TWEN in the dropbox by 10 a.m. on Tuesday, August 26, using only your TWEN number. (You will be prompted to select your TWEN number when you submit this assignment; please make a note of it, since all assignments must come in only under your number, and you will be the only person who knows that number.) If you add the class after the first day, you must complete this assignment and submit your definition no later than one day after the first class you attend. Please include the date of your first day of attendance on your submission. We will discuss the logistics of the course and this assignment on the first day we meet. Partner Sign Up: Select your partner as soon as possible but no later than September 1 on TWEN. Constitutional Case Sign up: Sign up for a case no later than September 1 on TWEN Wednesday, Thursday, and Friday: 1-56 Professor: Fenster Course Fall 2008 Administrative Law Law 6520 Section 3643 Course Materials: WILLIAM F. FUNK ET AL., ADMINISTRATIVE PROCEDURE AND PRACTICE (3d ed., 2006) Assignments: Read pp. 1-30 Please visit and register for the TWEN site for the class and download the syllabus. Professor: Fenster Course Fall 2008 Legislation Law 6930 Section 6786 Course Materials: LINDA D. JELLUM & DAVID CHARLES HRICIK, MODERN STATUTORY INTERPRETATION: PROBLEMS, THEORIES, AND LAWYERING STRATEGIES (2006) Assignments: Read pp. 1-22. Please visit and register for the TWEN site for the class and download the syllabus. Professor: Flocks Course Fall 2008 Environmental Justice Seminar Law 6936 Section 5382 Course Materials: Rechtschaffen and Guana, Environmental Justice - Law, Policy and Regulation. Carolina Academic Press (2003). Assignments: Week One Assignment (for 8/25): Read Rechtschaffen and Guana Chapters I and II (pp. 3-53). Professor: Flournoy Course Fall 2008 Property Law 5400 Section 6610 Section 1 Course Materials: Tuesday, Aug. 26 Be sure you have the casebook for the course [Dukeminier, Krier, Alexander & Schill’s Property (6th ed. 2006) published by Aspen Publishers]. Assignments: There is a TWEN webpage for this course. You will need your Westlaw password to do this. Go to http://www.westlaw.com and click on TWEN under “Law School Resources” on the left bottom of the page. Then click on “Add a course” and find this course on the list. The syllabus, weekly assignment sheets, and occasional handouts and supplemental readings will be posted on this course website. All students in the course are required to register on the website. Sign up for the TWEN website for the course before Tuesday’s class and take a look at the syllabus and the assignment sheet for the week of August 25. Professor: Grater Course Fall 2008 Civil Clinic - Full Representation Law 6940 Section 4828 Course Materials: See web site below Assignments: Assignments: See http://lic.law.ufl.edu/~grater/fullrepclinic/index.htm Email Prof. Grater at grater@law.ufl.edu for the user name and password. Notes: Please get started early, as substantial work is due for the first class on Monday, 25 August at 9:00. Professor: Harrison Course Fall 2008 Law and Economics Law 6555 Section 6732 Course Materials: Book: Harrison. Law and Economics (second edition) Please note that any professor assigning his or her own books involves a conflict of interest. For the reason, several extra copies are on reserve if you would prefer not to buy one. Assignments: Assignment for the week: 1-19. Professor: Harrison Course Fall 2008 Contracts Law 5000 Section 4520 Course Materials: Books 1. Farnsworth, Young, Sanger, Contracts (6th Edition) PLEASE NOTE IT IS THE SIXTH EDITION. A SEVENTH MAY BE AVAILABLE BUT IT IS NOT WORTH THE EXTRA EXPENSE. You can find these locally or on Amazon or other internet sellers. 2. Farnsworth, Young, Sanger. et. al., Selections for Contracts, 2008 edition but the 2007 edition will work as well. Assignments: Assignment for first two days: 2-5, 7-8, 8-14 in the casebook. Professor: Hart Course Fall 2008 Advanced Legal Research Law 6798 Section 8720 Course Materials: Assignments: Readings: Cohen chapter 1 West White Paper: “Research Skills for Lawyers and Law Students” Professor: Hernandez Course Fall 2008 International Law Law 6260 Section 5122 Course Materials: International Law, Carter, Trimble, Weiner, Fifth Edition Assignments: I. Introduction Class 1: Read pages 64-92; UN Charter art. 2(4) & 51;skim 1061-1066 Class 2: What is International Law? Read pages 1-25 Class 3: Is International Law Really Law? Read pages 25-48 Class 4: International Law & Theory: Read pages 48-63 Professor: Hudson Course Fall 2008 IMMIGRATION AND NATIONALITY LAW Law 6264 Section 5515 1:00 p.m. Tue, Wed, Thur Room 285-B Course Materials: --Legomsky, Immigration and Refugee Law and Policy(4th Ed. 2005) and Supplement (if available) --Aleinikoff, Martin and Motomura, Immigration and Nationality Laws of the United States(2008)[selected statutes, regulations and forms]. Assignments: --First Class, Tuesday, August 26: No reading assignment. --Second Class, Wednesday, August 27: Read the "Preface" (pp. v-ix), "Technical Conventions and Abbreviations" (pp. xiii-xvi), and Page 1-14 and 25-34 in the Legomsky casebook. Think about and be prepared to discuss the questions raised by the author. Professor: Hurst Course Fall 2008 Contracts Section 3 Law 5000 Section 4527 Course Materials: Casebook: Dawson, Harvey, Henderson & Baird, "Contracts: Case and Comment (9th Ed., Foundation Press). Assignments: For the first class meeting Monday, August 25 you should read and be prepared to discuss pages 1-8 in the casebook: Dawson, Harvey, Henderson & Baird, "Contracts: Cases and Comment (9th Ed., Foundation Press). Future assigments for this course will appear on the course homepage on TWEN. You should register for this course on TWEN as soon as it becomes available. Professor: Jackson Course Fall 2008 Legal Research and Writing § C Law 5792 Section 4661 Course Materials: Assignments: The first day assignment is posted on TWEN - to access it, go to http://www.lawschool.westlaw.com and sign up for Jackson’s Legal Research & Writing course. Further course information will be posted on TWEN at a later date Professor: Jacob Course Fall 2008 Women Defendants in the Criminal Justice System Law 6936 Section 5306 Course Materials: Assignments: Each student should examine a religious text of thier choosing (Bible, Torah, Koran, Teachings of Confucious, ect) and find an example of a crime committed by a woman and wether a punishment was mentioned. Professor: Jacob Course Fall 2008 Critical Race Theory Law 6936 Section 3152 Course Materials: Assignments: Each student should come to class with an example of an incident of racism the student personally observed. Professor: Jacob Course Fall 2008 Criminal Law Law 5100 Section 4585 Section 1 Course Materials: Assignments: No first day assignment. Come to class prepared to think and participate for the entire class period. Professor: Jerry Course Fall 2008 Insurance Law Law 6080 Section 5225 Course Materials: Henderson-Jerry casebook Also, I will be using the LexisNexis WebCourse technology during this class, and you are required to register for the WebCourse. Please see the separate instructions for how to do this. Assignments: Read pp. 1-20, 27-39 in the Henderson-Jerry casebook. The reading on pages 27-39 is fairly dense, but it provides an overview to insurance products, the insurance industry, and the business of insurance companies. In the future when you encounter an unfamiliar product or industry term in a case or reading, you might find an explanation in these pages. I'll spend very little time on pp. 27-39 in class. INSTRUCTIONS FOR ENROLLING IN THE LexisNexis WebCourse I will be using the LexisNexis WebCourse System for this class, and I will use this system to post assignments, PowerPoint slides presented in class, and handouts. This System also provides a communication platform for the class which we may use from time to time. The syllabus is already available for your review on the WebCourse. You will be responsible for checking the Web for updated assignments and other announcements. You will need to register yourself for the WebCourse. You can do this by following these instructions: * open your Internet Browser and go to: http://www.lexisnexis.com/lawschool/webcourses * a “Welcome” screen or some other kind of entry portal will appear; click on the “Log In” button or provide the requested information; * sign in with your LexisNexis ID (and then follow the instructions for creating a custom ID if you do not already have one), and then click the “Log In” button (if you have not registered your ID, you will need to do so); * when you are successfully logged in, you will see a screen with a “Launch WebCourses” button; click that button; * click the tab called “Courses”; * click on the link to “Browse Course Catalog” on the right margin; * click on the “University of Florida”; * scroll to the “Insurance Law” course and click “enroll.” Most of you are already familiar with the WebCourse technology or have used similar platforms. If not, you should find the system fairly intuitive to use. If you need additional help, I suggest consulting the LexisNexis Help Manual and FAQs at: http://www.lexisnexis.com/lawschool/ . If you continue to have difficulties, please contact Mrs. Bonita Young, Esq., Account Executive, LexisNexis, at 352-871-8043 (cell) or Christopher Vallandingham at valland@law.ufl.edu. If none of this works, please send me an e-mail at jerryr@law.ufl.edu explaining the difficulty. Professor: Jones Course Fall 2008 Election & Campaign Finance Law Law 6930 Section 3664 Course Materials: Course Website: Announcements and Course Materials: The course has a website on Westlaw’s “TWEN” page. All course announcements, handouts, and other materials will be distributed ON THE WEBSITE. Physical distribution in class will occur only in unusual circumstances. The syllabus will be posted there along with assignments, course material documents, useful web links, Power Point slides, etc. Access to the site is through the following website: http://www.lawschool.westlaw.com/twen. You will need your Westlaw password and the course password, which is “chad.” If for some reason you cannot access it, let me know so we can fix it. YOU MUST “REGISTER” ON THE TWEN WEBSITE PAGE for the course in order to receive emailed announcements and appear on the distribution list. DO SO IMMEDIATELY. All readings, unless otherwise indicated, refer to the required casebook, Lowenstein, Hasen, & Tokaji, Election Law (Carolina Academic Press, 4th edn. 2008). Accept no substitutes. Assignments: The Casebook will be shipped August 25 and will not arrive in the bookstore before the first days of class. An electronic copy of the first couple of weeks’ reading assignments will be available as soon as possible. Instructions for downloading the file will be posted on the TWEN page. Class Meetings: M 1:00 pm-2:50 pm, T 1:00 pm-1:50, 285A Session Date Assignment Topic Pages Part I: Prelude to an Election: Electoral Districting—Where to run/vote 1 & 2 M Aug. 25 Apportionment, One Man--One Vote/ 63-84; Minority Vote Dilution, V R Act § 5 115-132 3 T Aug. 26 Minority Vote Dilution, V R Act § 5/ 132-143 VR Act, § 2 143-169 Professor: King Course Fall 2008 INTERNATIONAL CHILDREN’S RIGHTS LAW 6936 Section 5275 Course Materials: Supplemental Reading Packet, available at Wilbert’s Sign up on Westlaw/TWEN for the course website. Full syllabus available there. Assignments: UN Declaration of the Rights of the Child, 1959, http://www.unhchr.ch/html/menu3/b/25.htm Philippe Aries, Centuries of Childhood: A Social History of Family Life, Knopf, 1962: Excerpt: Chapter 2 (“The Discovery of Childhood”), pp. 33-46. Viviana A. Zelizer, Pricing the Priceless Child: The Changing Social Value of Children, Basic Books, 1994: Excerpt: “Introduction”, pp. 3-15. Brief of the American Medical Association, American Psychological Association, et al. as amicus curiae in support of respondent in Roper v. Simmons: Excerpt: pp. 2-23, http://www.abanet.org/crimjust/juvjus/simmons/ama.pdf Optional: Jane W. Kessler, "Perspectives of the Young Child", chapter 5, in Psychopathology of Childhood, Prentice Hall, 1988, pp. 144-55. [on reserve] Professor: King Course Fall 2008 Professional Responsibility Law 6750 section 4636 Section 2 Course Materials: Lisa G. Lerman and Philip G. Schrag, Ethical Problems in the Practice of Law (Aspen 2008) Stephen Gillers and Roy D. Simon, Regulation of Lawyers, 2008 Statutory Supplement (Aspen 2008) Also register on TWEN prior to class - full Syllabus available there. Assignments: For week beginning Aug. 25th: (1) INTRODUCTION; CHAPTER 1: THE REGULATION OF LAWYERS (Institutions that regular lawyers; Admission to practice: The character and fitness inquiry, Problem 1-1: Pot): read Text: Foreward, Preface, 1-38, 45-59; Supp.: Introduction; Model Rules: Preamble & Scope note, Rule 8.1; Restatement: Secs. 1 & 2 (2) Continued... CHAPTER 1 (The law governing lawyers; Admission to practice, continued: Mental health of applicants, Misconduct during law school, In re Mustafa ("Missing moot court money"), Problem 1-2: The Doctored Resume): read Text: 38-44, 59-71 Professor: Klein Course Fall 2008 Natural Resources Law Law 6472 Section 5011 Course Materials: Please register on the class TWEN site Assignments: For Thursday, August 28, please read pp. 1-3 and 13-34. For Friday, August 29, please read pages 37-56 (focusing on the problem on pp. 40-43). Professor: Lidsky Course Fall 2008 Torts Section 2 Law 5700 Section 4599 Course Materials: Assignments: Read pages 1-7 in Cases & Materials on Torts. Professor: Little Course Fall 2008 Torts Section 3 Law 5700 Section 4598 Course Materials: Text: Little and Lidsky, Torts: The Civil Law of Reparation for Harm Done by Wrongful Act, Mathew Bender (LexisNexis) Assignments: Initial Assignment: Read Chapters One and Two. We will spend the first few days discussing the content of these materials in an extended introductory phase of the course. The course is scheduled to meet Monday through Thursday. You must be prepared to meet on Fridays at 9:00 am throughout the term. The course will include exactly 56 class sessions. When a class meets on Friday, a class will not meet on some other day of the week. You will be provided a syllabus and compilation of materials the first day of classes. In the meantime, read the attached "How things are done" with care before the first day. HOW THINGS ARE DONE 1. Attendance: Regular and punctual attendance is required. No student who has more than 6 absences shall be eligible to take the final examination. No student who has a combined total of more than 9 absences and tardies shall be eligible to take the final examination. A student is tardy if not seated in the assigned seat at the time the student's name is called. EACH STUDENT IS RESPONSIBLE TO ASSURE THAT A TARDY IS NOT RECORDED AS AN ABSENCE. EACH STUDENT IS ALSO RESPONSIBLE TO KEEP ACCOUNT OF THE ATTENDANCE RECORD AND IS NOT ENTITLED TO ANY NOTICE OR WARNING THAT LIMITS ARE ABOUT TO BE EXCEEDED. 2. Decorum: No eating, smoking or drinking is permitted in the classroom during class. Any student who breaches this standard will be directed to refrain and to remove offending substances from the classroom. Students are to be clean and modestly attired and SHALL NOT WEAR HATS DURING CLASS. Abidance by these standards is a condition of satisfactory completion of the course. 3. Keep your seat: Once you are seated and the class has begun, KEEP your seat until the class ends. If you have a special requirement to arise during the class, either permanently or temporarily, make seating arrangements with the professor in advance. 4. Laptops: You may NOT USE laptop computers in this class. Turn them off and put away before class begins. 5. TURN OFF CELL PHONES AND PAGERS BEFORE ENTERING CLASS ROOM. Professor: Luke Course Fall 2008 Corporate Taxation J.D. Law 6610 Section 5261 Course Materials: McDaniel, McMahon & Simmons, Federal Income Taxation of Corporations Assignments: Read pages 1- 11 Professor: Malavet Course Fall 2008 Evidence § A Law 6330 Section 3148 Course Materials: (1) Christopher B. Mueller and Laird C. Kirkpatrick, EVIDENCE UNDER THE RULES (6th. ed., Aspen Law & Business 2008); (2) Mueller & Kirk patrick, Federal Rules of Evidence: With Advisory Committee Notes and Legislative History (Aspen Law & Business 2008) We have a new edition of the casebook that includes materials on the recent Supreme Court decisions on the 6th Amendment. The casebook is mandatory, and you must have the sixth edition. You must also purchase the current Rules Supplement, which will be the only book allowed in the exam room. Assignments: I do not issue handouts. Rather, I post all class-related information in my website: http://mersp.osg.ufl.edu/~malavet. Go to the evidence link button on the top left. For our first session, review our class syllabus and read pages 1-15 of the casebook. You may review reading assignments, which I will update during the semester to correspond to the new edition of the casebook, in the Assignments and Notes page. Professor: Mashburn Course Fall 2008 Professional Responsibility Law 6750 Section 4643 Course Materials: Text: The 2nd Ed. of Hayden, Ethical Lawyering. Assignments: Day 1 Text pps. 1-15 Day 2 Text pps. 15-28 Day 3 Text pps. 28-42 Professor: Mazur Course Fall 2008 Civil-Military Relations Law 6936 Section 3453 Seminar Course Materials: Assignments: Register for this TWEN course at lawschool.westlaw.com. See the course TWEN page for the first-day assignment. There are no materials to purchase. Professor: McLendon Course Fall 2008 Historic Preservation Law Law 6936 Section 5318 Course Materials: Sign up on TWEN for the course website. Read the following from the course materials: Assignments: 1. Findings of the National Committee on Historic Preservation, from With Heritage So Rich (Nat’l Trust, 1966, rep. 1983). 2. United States v. Diaz, 499 F.2d 113 (9th Cir. 1974). 3. United States v. Smyer, 596 F.2d 939 (10th Cir. 1979). 4. Don't Tear It Down, Inc. v. General Services Administration, 401 F. Supp. 1194 (1975). 5. Paulina Lake Historic Cabin Owners Association v. U.S.D.A Forest Service, 577 F. Supp 1188 (D. Or. 1983). Also, review 1 of the following 2 articles: a. W. Brown Morton III, What Do We Preserve and Why?, in The American Mosaic: Preserving a Nation’s Heritage (Robert E. Stipe & Antoinette J. Lee, eds., US/ICOMOS, 1987). b. Robert E. Stipe, Historic Preservation: The Process and the Actors, in The American Mosaic: Preserving a Nation’s Heritage (Robert E. Stipe & Antoinette J. Lee, eds., US/ICOMOS, 1987). The readings are heavy for Week 1 because we will have 2 speakers during Week 2 (and, as a result, very limited assigned readings that week). Professor: McMahon Course Fall 2008 Taxation and Fiscal Policy - LL.M. Law 7931 Course Materials: TEXTS (1) Joel Slemrod & Jon Bakija, Taxing Ourselves - A Citizen's Guide to the Debate Over Taxes, 4th Edition(MIT Press, 2008) (2) Course Pack for Taxation and Fiscal Policy [Contains various Congressional Budget Office (CBO) reports, Congressional Research Service (CRS) Reports, the The President's Advisory Panel on Tax Reform, Simple, Fair, & Pro-Growth: Proposals to Fix America's Tax System (2005); and various commentaries]. Assignments: First Day Assignment 8/27 Overview of U.S. Tax System Slemrod & Bakija, chs. 1 & 2 (pp.155); Staff of the Joint Committee on Taxation, Overview of the Federal Tax System As in Effect for 2008[Course pack]; Budget of the United States Government, Fiscal Year 2009, Hisorical Tables [Course pack]; CBO, Historical Federal Tax Rates: 1979 to 2005 [Course Pack]; OECD In Figures, 2007 Edition, Public Finance, Taxation, 2008[Course Pack] Professor: McMahon Course Fall 2008 Corporate Taxation-LL.M. Law 7611 Room 270 Course Materials: REQUIRED TEXTS (1) McDaniel, McMahon and Simmons, Federal Income Taxation of Corporations, 3d Ed. (Foundation Press 2006) (2) 2008 Supplement to McDaniel, McMahon and Simmons, Federal Income Taxation of Corporations, 3d Ed. (3) McDaniel, Mcmahon and Simmons, Study Problems for Federal Income Taxation Of Corporations, 3d Ed. (Foundation Press 2006). (4) Internal Revenue Code and Regulations (Unabridged, CCH, 2008) Assignments: First Day Assignment 1 Corporation Income Tax 1-8 Definition of "Corporation" 39-48 Regard of Corporate Entity 48-64 Reallocation of Income 64-70 The assignment includes the coordinated material in the supplement. The assignment includes thorough preparation of the coordinated study problems. Professor: Meadors Course Fall 2008 Economics of the Family Law 6930 Section 6706 Course Materials: Textbook - Florida Dissolutions Assignments: Class Canceled Tuesday, August 26 and Wednesday, August 27 First day of class will be Tues, Sept 2 1st week reading assignment is chapter 2 and chapter 5 Be prepared to discuss both readings on that day. Make up classes will be schedule Professor: Mills Course Fall 2008 Florida Constitutional Law Law 6503 Section 4999 Course Materials: Assignments: PART I: Introduction, page 1 - 26; & Article I, I-1 - 15 Syllabus & TOC are on course TWEN website Professor: Moffat Course Fall 2008 Jurisprudence Law 5210 Section 5226 Course Materials: Moffat, Fundamentals of Jurisprudence(available at Wilberts) Assignments: Read pp. 1-5 of Moffat, Fundamentals of Jurisprudence Professor: Noah Course Fall 2008 Torts (Section4) Law 5700 Section 3106 Course Materials: Purchase the casebook Franklin et al., Tort Law and Alternatives (8th ed. 2006) Assignments: Pick up a copy of the syllabus from outside of Prof. Noah's office (Rm. 335); Purchase the casebook (Franklin et al., Tort Law and Alternatives (8th ed. 2006); and, before the first class meeting on Monday, Aug. 25th (at 8:40 - 9:50 a.m. in Rm. 355C) please read pp. 1-30 of the casebook (you can skim pp. 9-18). Professor: Peters Course Fall 2008 Negotiation and Mediation Law 6930 Section 6794 Course Materials: Negotiating to Create Value in Deals and Disputes, by Robert Mnookin, Scott Peppet, and Andrew Tulumello [Harvard Press 2004, paperback, available at usual outlets] Assignments: Read pages 1-8 of our Text, Beyond Winning: Negotiating to Create Value in Deals and Disputes, by Robert Mnookin, Scott Peppet, and Andrew Tulumello [Harvard Press 2004, paperback, available at usual outlets], and pages 1-2 of our Supplement, Splitting the Difference: Supplemental Readings and Problems [Fall 2008 edition, available at Wilbert’s]. Our class room has changed to provide more space for role-playing, and it now meets on Tuesdays in the Bailey Courtroom, 136 Bruton-Geer, and on Thursdays in Room 180. Please e-mail Professor Peters, petersdon@law.ufl.edu, if you drop the course or if you cannot make the first class on August 26 but intend to remain enrolled in it. Students not attending the first meeting will be assumed to have dropped the course and substitutes will be sought Professor: Peters Course Fall 2008 Interviewing and Counseling Law 6381 Section 6611 Course Materials: A Collaborative Approach to Client Interviewing and Counseling, by Robert Cochrane, John DiPippa, and Martha Peters [2d ed. 2006, available at usual outlets]. Assignments: Read pages 1-2 of our Text, The Counselor at Law: A Collaborative Approach to Client Interviewing and Counseling, by Robert Cochrane, John DiPippa, and Martha Peters [2d ed. 2006, available at usual outlets]. Our class room has changed to provide more space for roleplaying, and it now meets in the Faculty Dining Room in Bruton-Geer. Please email Professor Peters, petersdon@law.ufl.edu, if you drop the course or if you cannot make the first class on August 26 but intend to remain enrolled in it. Students not attending the first meeting will be assumed to have dropped the course and substitutes will be sought. Professor: Pflaum Course Fall 2008 Legal Research and Writing § D Law 5792 Section 4673 Course Materials: Required Texts: •Rambo and Pflaum, Legal Writing by Design (2001) (Design)* •Sloan, Basic Legal Research (3rd ed.) (BLR)* •Sloan and Schwinn, Basic Legal Research Workbook (3rd ed.) (BLR Workbook)* •The Bluebook: A Uniform System of Citation (18th ed. 2005) (The Bluebook) * •Legal Research and Writing Materials – Fall 2008 Pflaum § D (Materials) (Posted on TWEN site). Optional Supplemental Texts: •Wydick, Plain English for Lawyers (5th ed. 2005) (Wydick) *You will also use these texts in Appellate Advocacy during the Spring Term. Also Required: • Establish a ufl.edu email account • Sign up for TWEN access (through Westlaw) to Professor Pflaum’s Legal Research and Writing Fall 2008 web site well before the first day of class by using your ufl.edu mail address only -- the law school email system often filters out AOL and other email accounts. No password needed. Assignments: Assignments and Class Meetings Assignments are to be completed by the dates indicated. Be prepared to discuss the reading assignments in class. Cases for writing assignment #1 are located in the Materials; cases for assignments 2-4 can be accessed on-line at the TWEN site by clicking on the name of the case under the link entitled “Authorities.” Assignments and their due date are indicated in bold. Refer also to the Quick Calendar. Week 1 Tuesday 8/25 CLASS 1 – Introduction to legal writing: reading and analyzing cases. READ: Materials (TWEN) • § 1 - Intro to LR&W and course policies – read and sign acknowledgment and address form and turn in forms class 3. •§§ 3.1 - 3.2; 4.1; Ferguson case in § 4.4. READ: Design • Chap.5; Chap. 31 (pages 525 through 529 only). Professor: Powell Course Fall 2008 International Trade Law Law 6930 Section 3374 Course Materials:  Students should purchase 1. John H. Jackson, William J. Davey, & Alan O. Sykes, Jr., LEGAL PROBLEMS OF INTERNATIONAL ECONOMIC RELATIONS: CASES, MATERIALS, AND TEXT (5th Ed. West Group 2008); and 2. 2002 DOCUMENTS SUPPLEMENT to Text.  Register as a Course Participant on the course web site noted above. You should also begin to indicate your preferred Discussion Leader classes under “Sign-up Sheets.” First come, first served.  Bring to each class a hard or virtual copy of the Syllabus, which is available on the course web site at http://lawschool.westlaw.com/twen (password is tradelaw) or on the student handout table in the Center for Governmental Responsibility (230 Bruton-Geer). Students from outside the law college should write or call Professor Powell’s secretary, Barbara Sieger, to obtain a Westlaw password: sieger@law.ufl.edu, 273-0835. Assignments:  For the August 26 Reading Assignment, please see the Syllabus Professor: Price Course Fall 2008 Art Law Law 6930 Section 5078 Course Materials: 1. Casebook: DuBoff, Art Law. Buffalo: Hein, 2004. 2. Description: This 3 credit course deals with traditional and emerging legal and policy issues affecting visual artists/architects. Open to law students and graduate students in the arts, students will participate actively; have assignments as "experts" with mastery of the subjects assigned through readings, additional materials, research, and class responses with a two page written paper (1/4 grade); have regular written problem assignments (1/4 grade), and take a final exam (1/2 grade). This course may be used in partial fulfillment of the IP, Estates and International certificates. Students may write a senior advanced writing paper in this course but cannot use it to fulfill the seminar requirement. Student absences and lack of participation will affect the final grade. 3. Laptop Policy: While students are not required to bring laptops to class, we will refer to art on the Internet, as well as to statutes, treaties and codes of ethics. Students will be required to use laptops on the exam. 4. Field Trips: We will visit the Harn and Turkey Creek Auctions (Citra). If you cannot attend on the days assigned, you will be required to make up the visit and to write a 2 page reaction paper about the visit. Note: As I have a meeting in China in late October, I have scheduled make-up classes from 1-2 Fridays in 285 D for Sept. 5, 14, Oct. 3 and Nov. 14. Although the class schedule calls for auction attendance on Oct. 18, you may attend on Sept. 20 (6 pm). Assignments: Class 1-3, Aug. 26-28, Ch. 1: Legal and Other Definitions of Art "The question of what is art is both fundamental and mystifying, not only for lawyers but also for artists and art historians. The question is often confused with another one-whether a work qualifies as 'good art.' There is often a divide between what an average member of the public may consider to be art or good art, and the judgments of experts, such as curators, art critics and art historians. Are there abstract, objective rules by which art should be judged, or is this an essentially subjective inquiry, in which each individual can determine what he or she likes and therefore qualifies as art?" P. Gerstenblith, Art, Cultural Heritage and the Law (2004) at 9 [hereinafter cited as Gerstenblith] See also, S. Weil, "Some thoughts on art law," 85 Dickinson L. Rev. at 555 (1980), cited in Gerstinblith at 3. Thannhauser v. U. S. 1945 WL 4121(Cust. Ct.) See "Dancer Moving Forward, Arms Raised," National Gallery of Art, http://www.nga.gov/cgi-bin/pinfo?Object+109851+prov "Letter by Gary Arseneau," http://rodin-web.org/report_rom/1_app1.htm Be prepared to answer, "Is it art?" under various definitions: A. Chihuly glass; drawings, www.chihuly.com http://en.wikipedia.org/wiki/Dale_Chihuly B. A Jersey City Teardrop for 9/11, Or a 10-Story Embarrassment(NYT, 6/30/2004 at A1C14) 2004 WLNR 5551075 C. "Highwaymen" paintings at http://aarf.com/fews9501.htm D. Darger drawing at www.hammergallery.com/Artists/darger/darger.htm E. Ana Mendieta "body as medium" at http://www.answers.com/topic/ana-mendietaww.angelfire.com/ia/tridar/ana.html Problem 1, due August 28: The Brancusi sculpture pictured at p. 16 originally entered the US under the category "Kitchen Utensils and Hospital Supplies" after sympathetic artists protested the original imposition of a 20% tariff for manufactured objects of metal. Go to the US International Trade website http://www.usitc.gov/tata/hts/bychapter/index.htm and answer the following questions: 1. What is the Harmonized Tariff Schedule? 2. How does the tariff on manufactured metal goods (bronze) compare to the tariff on metal sculpture? 3. Under what classification number should this item enter the US? 4. How does the schedule define bronze? Under what classification is it listed? Under what circumstances Does the duty differ? Professor: Rambo Course Fall 2008 Legal Research and Writing § E Law 5792 Section 4692 CLASS MEETS IN ROOM 355C - TUESDAY @ 12:00; FRIDAY @ 1:00 Course Materials: * Legal Writing By Design(LWBD) by Teresa Rambo and Leanna Pflaum (Carolina Academic Press)(our textbook) *Legal Research: How to Find & Understand the Law (lastest ed.) by Stephen Elias & Susan Levinkind (Nolo Press)(used for our Research Labs) *The Bluebook(latest edition)(a rule-book which shows the proper format for citing to authority) *UFL.edu email account, which you can access daily. *TWEN web accessto Professor Rambo's Legal Research and Writing web site (TWEN). The site's name is "Professor Rambo-Legal Research and Writing-Fall 2008." You'll receive the Westlaw password to the site during Law School Orientation. This site contains our syllabus, course policies, cases, assignments, research labs, and other inportant information. Please sign up for TWEN using your ufl.edu email account. Please note (and I'm sorry about this), but I have to require that you use only your ufl.edu account in all email correspondence with me and in signing up for my TWEN website. The anit-spam filters on my email program prohibit me from accessing AOL and other accounts. If you have signed up on TWEN using something other than your ufl.edu account, please make the necessary change as soon as possible. Please make sure that you sign up for TWEN access well before our first class meets. *You'll also need a three-ring binder for cases you'll print out and for handouts. All required texts are available at Wilbert's. (Wilbert's is the little store across the street from the law school.) Other stores (including internet sites) also have the three required texts. Assignments: Syllabus: OUr course syllabus is posted on-line on in a pdf and html version on Professor Rambo's Legal Research and Writing TWEN web site. Please consult the syllabus for classes and assignments. If you use the html version, you can access cases simply by clicking on the case name. For our first class, please be prepared to discuss the reading assignments and to hand in Writing Assignment # A. Abbreviations in this syllabus are as follows: LRBD = our Legal writing By Design text; TWEN = Prof. Rambo's Legal Research and Writing web site; Due in class = assignment is due first thing in class; Assign = Prof. Rambo will discuss an upcoming assignment (but the assignment is NOT due that day). The items in bold and in parentheses are "fencing leasons." The non-bold items in parentheses are some of the areas we'll cover. I've placed your materials (cases, course policies, assignments, labs, etc.) on the web. Please PRINT OUT the cases assigned for each class(you'll begin reading cases Week 2); put them in a notebook; and bring then to class. Assignments: WEEK 1 Tuesday 8/26 Class 1 Introduction to Legal Writing (Relaxing) Due in class: Writing Assignment # A Please note that Assignment # A also asks you to attach your most current resume. This means that you may need to update your resume if it is not current. TWEN: syllabus link;TWEN: Assignment # A link: TWEN; Course Policies link; LWBD: pp 1-47, 171-210 Friday 8/29 Class 2 Stare Decisis; The Common Law; and Cases (Assuming and Unlearning) Assign: Writing Assignment # B: The McBoyle Memo Please note that when as assignment states a page minimum, the text on that page must go to the very bottom text-line of that page. For example, a minimum page limit of 3 pages means that the text must extend to the last text line of page 3. LWBD: pp. 211-250;TWEN: Writing Assignment # B (Seating Chart, Preview McBoyle, Common Terms, Battery example, BaRAC) Professor: Riskin Course Fall 2008 Mediation and Other Dispute Resolution Processes Law 6383 Section 6771 Cou