Admiralty Law

South Texas College of Law

Spring 2017

Dr.Derek Fincham

Office: 637, office hours Monday & Wednesdayafternoons from 2:00 – 3:00 pm

E-mail:

Cell Phone:(954) 667-8328

Admiralty law is the law of the sea transport industry, which gives it an important place within the legal practice of our cosmopolitan city. Admiralty though also stands as one of the law’s most ancient subjects. In this course we will examine and discuss the maritime industry, which moves cargo on vessels at a price called freight. Admiralty sits as a part of private international law, originating primarily in Roman or civilian law. In the United States, admiralty law often manifests itself as a question of jurisdiction of the federal and state courts, as well as choice of law and choice of forum issues. It also has an important commercial function, given the mass amount of international shipping which is conducted on the world’s oceans and waterways.

COURSE LEARNING OUTCOMES:

  • To make the student familiar with the language and institutions of the maritime industry, which holds a unique role in the U.S. legal system;
  • To connect admiralty to other types of federal and state subject matter jurisdiction and substantive law; and
  • To acquire the basic knowledge necessary to spot issues in an admiralty law dispute and analyze those disputes at a level expected of a junior associate at a maritime law firm.

LEARNING AND ACCESS

I am committed to the principle of universal learning. This means that our classroom, our virtual spaces, our practices, and our interactions be as inclusive as possible. Mutual respect, civility, and the ability to listen and observe others carefully are crucial to universal learning.

The Americans with Disabilities Act is federal antidiscrimination legislation providing comprehensive civil rights protection for persons with disabilities. South Texas College of Law is committed to providing a learning environment meeting the needs of all students; and to that end it provides reasonable accommodations to students who have physical, learning, mental, or other disabilities.

Any student with particular needs should contact Assistant Dean Gena Singleton in the Office of Student Academic Affairs to discuss how your need for support services may be met. Her office is in Room 809, and you may telephone 713-646-1778 or email . All discussions will remain confidential. Please note that accommodations cannot be provided retroactively. More information regarding the law school’s Policy for Accommodating Law Students with Disabilities, including application deadlines, can be found in the Student Handbook. In consultation with the Office of Student Academic Affairs we can work together to arrange any details of any accommodations needed for this course.

OFFICE HOURS

I am in my office most days of the week, and I have an open Door Policy. In other words, if my office door is closed outside of my normal office hours, it means that I am not available. If my door is open, please come in! Like most of your professors, I will be happy to meet with any student at his or her convenience. The quickest way to get in touch is by email, , or text/call me on my cell at(954) 667-8328.

REQUIRED TEXT

Jo Desha Lucas & Randall D. Schmidt, Cases and Materials on Admiralty (6th ed. 2012).

GRADING

A three-hour closed-book anonymous examination will be given and will be used to evaluate your performance in the course. The exam will not cover any material not dealt with in class. A practice midterm and various pop quizzes may be administered throughout the course.

ATTENDANCE

I assume that students enrolling in this exciting and challenging course have made a commitment to attend every class unless they are forced to miss because of illness, job interview, or family emergency. The College attendance policy will be enforced. Attendance will be taken at the beginning of each class, and my attendance spreadsheet will serve as a rebuttable presumption as to your attendance for each class. As required by the ABA, if you miss more than 20% of the scheduled classes, you will be dropped from the course.You are responsible for keeping account of your absences.Of course merely occupying a seat in class is not sufficient. I reserve the right to deduct up to two letter grade increments for persistently deficient classroom performance. For the time we are together you owe yourself, your classmates and me your focused attention. Please check e-mail and text messages before or after—not during—our time in the classroom.

A special note on technology use:In my experience laptops, smart phones and tablets can often hamper the ability of students to engage with the class discussion, and often correlates to lower final marks at the end of the semester. I encourage you not to use them if you can. That said, your devices may be used for class-related note-taking and reference. During class, however, it is inappropriate to use laptops for any other purpose that may distract you and others. In addition to any other appropriate sanction, use of electronic devices is a privilege that will be rescinded, either individually or collectively at my discretion, if it is abused.

ASSIGNMENTS

I will also use Piazza.com to provide the reading assignments from our casebook, to answer questions, and to facilitate discussion about the class.

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