LOGISTICS AND TRANSPORTATION PROGRAM COURSE DESCRIPTIONS

Transcription

1 Course Number Course Name Description Credits Pre-requisites FL-LLMLT-301 INTERNATIONAL BUSINESS TRANSACTIONS FOR LOGISTICS AND PROGRAM COURSE DESCRIPTIONS This course teaches skills for transacting transnational business. Topics primarily involve documents typically used in international business transactions, including but not limited to letters of credit and bills of lading. There will also be significant discussion of the effects of monetary and trade policies on international business; problems arising from export transactions; foreign investment; and patent, trademark, and licensing arrangements. The course also analyzes how fluctuating currency values encourage and inhibit trade with the United States and how to take advantage of intellectual property laws to enhance client access to the American market. 2 N/A Required or Elective Required for Logistics and Transportation LL.M. Students. Course Type FL-LLMLT-302 MARITIME LAW FOR PROFESSIONALS This is a basic course in maritime law. It examines basic topics such as "what is a vessel," "what are navigable waters," and "what is the difference between maritime law and admiralty law." Beyond the basics, the course addresses special remedies in admiralty law including the enforcement of maritime liens (vessel arrests in rem and property attachments quasi in rem); and limitation of shipowner's liability and basic issues of collision, cargo damage and personal injury. Finally, the course addresses litigation issues such as the trial of the maritime case in federal and state court, conflicts between state law and federal law, and the peculiarities of maritime law. 2 N/A FL-LLMLT-303 AV: AUTOMATED VEHICLES- SHIPS, TRUCKS AND RAIL Commonly known as "self-driving vehicles," an automated vehicle (AV) is a vehicle (auto, truck, ship, or aircraft) which is capable of sensing its environment and navigating without human input. A connected vehicle (CV) is a vehicle which is connected to other vehicles (V2V); the roadway and infrastructure (V2I) or pedestrians or bicylists (V2X). AV and CV technology will work together in the future to make transportation safer. The primary obstacles to the introduction of AV and CV technology is not the technology itself, but the regulation and litigation challenges will will arise with its introduction. This course addresses those challenges. Specifically addressed are the state regulations regarding testing on public roadways; federal regulations regarding privacy of CV data; and the use of CV data in criminal prosecutions. The course also discusses the move from negligence-based accident liability to products liability based accident liabilty; the liability of OEMs, road construction contractors, the liability of providers of mapping and geographic data, the liability of sensor manufacturers, and the liability of vehicle maintenance and repair facilities. Finally, the course addresses potential legislative answers to potential liability problems. FL-LLMLT-304 CRIMINAL LAW: MARITIME ACCIDENTS AND INCIDENTS This course helps students develop the skills to anticipate, prepare, and respond to civil and criminal investigations after maritime accidents and incidents. Topics will include federal and state jurisdiction over maritime crimes; the licensing of ship s officers and pilots; the constitutional rights at issue during civil and criminal investigations of maritime accidents and incidents; and the laws governing piracy, stowaways, drug and alcohol enforcement, boat safety, cargo safety, and firearms. Skills exercises will allow students to gain experience in planning strategies to respond to federal and state criminal investigations of ship officers and pilots, anticipating how cooperation with civil investigations could affect the rights of ship officers and pilots who face criminal charges, and negotiating beneficial solutions with civil and criminal authorities.

2 FL-LLMLT-305 DREDGING AND MARINE CONSTRUCTION I This course deals with two major aspects of dredging and marine construction projects: (1) licensing and permitting and (2) liabilities. Topics on licensing and permitting include environmental impact statements, dredging permits, and the bounds of state and federal jurisdiction in regulating dredging and marine construction with a focus on the Clean Water Act. Skills exercises may include drafting environmental impact statements and learning negotiation strategies to secure permits and licenses for dredging and marine construction. Topics on potential liabilities will include the Suits in Admiralty Act, the Public Vessels Act, the Wreck Removal Act, the Federal Tort Claims Act, and the Military Claims Act. Skills exercises may include drafting client opinion letters and memoranda, strategizing to anticipate potential liability problems, and developing solutions to shift and minimize client liabilities. FL-LLMLT-306 REGULATORY COMPLIANCE FOR TRUCK AND TRUCKERS This course will examine how different administrative bodies regulate trucking operations. The main focus is on federal motor carrier regulations. Students will also study the procedures and practices of the Surface Transportation Board, the Federal Motor Carrier Safety Administration ("FMCSA"), federal motor carrier regulations, the FMCSA Safety and Fitness Electronic Records System, the FMCSA Compliance and Accountability System, and the FMCSA Pre-Employment Screening Program. Skills exercises may include researching applicable motor carrier regulations, auditing driver log books to ensure compliance with hours-of-service regulations, and identifying compliance issues in trucking operations. Drafting exercises may include proposing internal policies for compliant trucking operations, drafting research memoranda, and drafting client letters in response to different scenarios. FL-LLMLT-307 ADMINISTRATIVE LAW FOR PROFESSIONALS This course teaches transportation professionals and agency personnel the skills needed to deal with and work in federal agencies which regulate the transportation industry in connection with rulemaking, licensing, permitting, administrative searches, and criminal investigations. The skills taught include doing legal research (U.S.C., C.F.R., F.R., etc.); doing factual research (Freedom of Information Act requests); understanding the limits on the roles played by industry advocates, lobbyists, Congress, and the President; drafting rulemaking documents (NPRM and comments); planning and responding to agency requests for information and administrative searches; and strategizing in the context of agency actions and criminal investigations. Required for Logistics and Transportation LL.M. and Certificate Students. Elective for J.D. Students. FL-LLMLT-308 LNG: THE LAW AND REGULATION OF LIQUEFIED NATURAL GAS LNG is a liquefied form of methane which has been compressed and cooled to -260 degrees F, resulting in it being condensed to 1/600th of its uncompressed volume. In that form, LNG produces 86,000 Btu per gallon, making it usable as a form of vehicle fuel and transportable as a cargo. This course addresses the legal and regulatory issues which arise from the conversion of vessels, trucks, and rail locomotives which currently are powered by IFO 380 (intermediate fuel oil) or diesel, to vehicles which are powered by natural gas. This is a skills course. The skills which will be imparted include drafting comments to regulations proposed by the Marine Environment Protection Committee (MEPC) of the International Maritime Organization (IMO), regulation, researching incorporation by reference of IMO regulations into Environmental Protection Agency regulations, permitting of LNG facilities by the U.S. Department of Energy, regulation of air pollution by the EPA and U.S. Coast Guard, obtaining USCG approval of LNG equipment aboard vessels, and calculation CO2 reductions in anticipation of the imposition of carbon taxes on transportation.

3 FL-LLMLT-309 LABOR LAW IN Reserved. 1 Reserved. Reserved. Reserved. FL-LLMLT-310 RAILROAD LITIGATION AND REGULATION In this course, students will develop knowledge and skills to deal with the regulatory regimes affecting the rail industry, as well as rail carrier liability to third-parties. Topics include the Surface Transportation Board, the Federal Railroad Administration, the Carmack Amendment (governing loss or damage to freight), the Federal Employer s Liability Act, the Railway Labor Act, and the legal regimes surrounding passenger and commuter services. Skills exercises may include researching claims and defenses regarding rail carrier liability for injuries to passengers and loss of freight, litigation between rail carriers and their customers, and identifying and resolving potential labor disputes between rail carriers and their employees. Students will be exposed to current public policy issues in the rail industry, and policy advocacy skills exercises may be included. FL-LLMLT-311 EMPLOYMENT LAW FOR PROFESSIONALS In this course, students will develop the skills to anticipate and to respond to legal disputes between employers and employees in the transportation and logistics industry. Students will study the laws governing the employment relationship. Topics will include the employment process, federal employment discrimination laws, the Family Medical Leave Act, the National Labor Relations Act, trade secrets, and covenants not to compete. Students will learn to identify potential discriminatory employment practices. Written exercises may include drafting employment contracts, grievance procedures, non-discrimination policies, employee leave policies, discrimination charges, and responses to discrimination charges. Students may also develop strategies for negotiating collective bargaining agreements, resolving collective bargaining impasses, and making or responding to unfair labor practice charges before the National Labor Relations Board. FL-LLMLT-312 CUSTOMS REGULATION Nearly every shipment of every good that is imported to the U.S. must be cleared through the Customs and Border Protection Agency. In this class, students will step into the shoes of a Customs Broker who assists importers in clearing each of their shipments by filing an entry with Customs. Students will learn how to determine the country of origin of imported merchandise, calculate the value of the merchandise, classify products according to the Harmonized Tariff Schedule of the U.S., calculate duty payments, and make entries with Customs. In addition to learning the basics that are required for an entry of imported merchandise with Customs, students will also learn how to use the Customs Regulations (Title 19 of the C.F.R.) to their client's benefit with regard to the timing and amount of duty payments and how to mitigate an importer's damages in the event of a detention or seizure of imported merchandise. FL-LLMLT-313 OCEAN MARINE AND INLAND CARGO INSURANCE In this course, students will learn how to interpret ocean marine and inland cargo insurance policies. Topics will include how these insurance policies apportion liability for losses to marine cargo and inland cargo, the defenses available to insurers like the Uberrimae Fidei Rule, the role of traditional insurance markets and indemnity associations, and the interaction between state and federal law. Students will examine marine, rail, air, and moving cargo insurance policies and certificates. Students may learn to negotiate and draft insurance terms and conditions, including choice-of-law clauses, forum selection clauses, and alternative dispute resolution clauses. Students will learn to anticipate and plan responses to different cargo loss scenarios to minimize the risk of losing insurance coverage.

4 FL-LLMLT-314 CONTRACTING FUNDAMENTALS FOR THE DEPARTMENT OF DEFENSE This course provides an overview of the Department of Defense contracting and acquisition process to include an introduction to the statutory and regulatory requirements associated with the process. This course is an excellent foundation for students wishing to pursue careers with defense contracting and the military acquisition and logistics support industry. Major topics presented include an introduction to the Federal Acquisition Regulation, various methods the government uses to procure products and services, types of government contracts, the sealed bidding and the request-forproposal procedures, the contract award process, contingency contracting, current government contracting issues, labor laws and government contracting, small business set-aside programs, international defense contracting, patents, data, copyrights, and career opportunities with the Department of Defense for legal, contracting, and logistics professionals. This course will consist of a combination of lectures covering reference materials, posted reading materials, discussions, and written exercises corresponding to topics presented. FL-LLMLT-315 MARINE CHARTERING This course teaches students how to create effective charter arrangements to facilitate the transportation of goods. Topics will include marine charters, and the ways in which charters apportion liability for vessel owners, charterers, carriers, shippers, cargo and harm to third parties. Skills exercises may include drafting and interpreting charter agreements, developing strategies for negotiating charter agreement terms, and identifying potential risks and benefits of certain charter arrangements. FL-LLMLT-316 GOVERNMENT CONTRACTING DISPUTE RESOLUTION Reserved. Reserved. Reserved. FL-LLMLT-317 INSURANCE: HULL AND MACHINERY, PROTECTION, AND INDEMNITY This course helps students to understand the role of hull and machinery insurance and protection and indemnity insurance in commercial transportation. Topics will include the Uberrimae Fidei Rule, the differences between hull and machinery insurance and protection and indemnity insurance, third-party bad faith issues that are inherent in personal injury claims, and the functions of protection and indemnity clubs in the insurance market. Students may gain experience reading, interpreting, drafting, and negotiating terms of insurance policies. Students will develop strategies to identify and prevent violations of the Uberrimae Fidei Rule and to maximize insurance coverage for their clients. FL-LLMLT-318 This course teaches transportation professionals and agency personnel the skills needed to handle formal adjudications, trial-type hearings before an administrative law judge or a multi-member panel or commission, and judicial review of final agency actions taken by federal agencies. The skills ADMIN. LAW FOR taught include preparing and presenting evidence at an administrative hearing; creating an administrative record; drafting memoranda of understanding and compliance orders; understanding PROFESSIONALS: ADJUDICATION the exhaustion doctrine; drafting a complaint challenging final administrative action under Section AND JUDICIAL REVIEW 706 of the APA; understanding jurisdiction and venue for judicial review of agency actions; and pursuing injunctions, stays of agency actions and penalties. Required for Transportation and Logistics LL.M. and Certificate Students. Elective for J.D. Students.

5 FL-LLMLT-319 MARITIME LAW: SEAMEN, LONGSHOREMEN, AND PASSENGERS From a substantive perspective, the course is designed to give students training in how to bring and defend against claims brought by seamen, longshoremen, and passengers who are injured aboard ships. Claims include personal injury claims, claims for maintenance and cure, 905(b) claims, and claims for seamen s wages. From a procedural perspective, students are given practical assignments in how to bring and defend claims for personal injury, crew wages, and claims for maintenance and cure. FL-LLMLT-320 FL-LLMLT-321 GLOBAL CLIMATE CHANGE: CHALLENGE FOR LABOR LAW IN If you are in the transportation industry, it really doesn't matter whether or not you believe that climate change is caused by man or not. What does matter is how to effectively reduce the amount of CO2 generated from the operation of vehicles. Therefore, this course deals with national and international laws and regulations designed to reduce the CO2 output of ships, trucks, trains, and Reserved. Reserved. Reserved. Reserved. Reserved. FL-LLMLT-322 AVIATION LIABILITY FOR INJURY AND DEATH This course deals with liability of air carriers, airports, and manufacturers for aircraft accidents and deaths. Reserved. Reserved. FL-LLMLT-323 MARITIME LAW: COLLISIONS, This course deals with maritime legal issues arrising from vessel related accidents including collisions between ves Reserved. Reserved. ACCIDENTS, ARRESTS, AND LIENS FL-LLMLT-324 FL-LLMLT-325 INTERNATIONAL BUSINESS TRANSACTIONS - ADVANCED UNITED STATES TAXATION OF INTERNATIONAL INCOME Students taking this course will gain practical skills and knowledge to resolve foreign commercial disputes through international arbitration. Topics include the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards; the Transportation and Logistics companies earn income in multiple jurisdictions, and pay income and other taxes in the United States and in other countries. This course deals with the federal taxation implications of earning income in other nations, obtaining credit for taxes paid overseas, and the means and tax implications of repatriating profits earned in other countries into the United States. Reserved. Reserved. FL-LLMLT-326 U.S. IMMIGRATION LAW FOR PROFESSIONALS This is a skills course. At least 50% of the student s grade will be based upon written skill-based exercises provided by the instructor and completed by the student. Students will develop and utilize skills for responding to immigration issues which arise in the transportation industry. This course includes an overview of the admission of aliens, immigrants, and refugees to the United States; the handling of appropriate employment-based visas; fees and penalties associated with employerbased immigration violations; I-9 compliance, grounds of inadmissibility for foreign nationals; crosscultural communications; introduction to the agencies and systems involved in the immigration process; and the handling of stowaways. Exercises will include preparing visa and permanent residence applications for employees in the transportation industry, drafting advice letters, calculating potential fines and penalties, and dealing with seamen who have overstayed their visas and stowaways needing to be repatriated.

6 FL-LLMLT-327 MARITIME LAW: CARGO DAMAGE, SALVAGE AND OIL POLLUTION This course is examines liability for cargo damage and salvage. Topics include bills of lading, tariffs, cargo damage liability, and salvage. Skills exercises will include interpreting bills of lading, assessing cargo damage liability under American law and international law, drafting pleadings, and assessing potential liabilities for salvage services. approved for J.D. FL-LLMLT-328 INTERNATIONAL BUSINESS TRANSACTIONS II Reserved. Reserved. Reserved. FL-LLMLT-329 INTERNATIONAL COMMERCIAL ARBITRATION Students taking this course will gain practical skills and knowledge to resolve foreign commercial disputes through international arbitration. Topics include the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards; the Inter-American Convention on International Commercial Arbitration; the United States Federal Arbitration Act; and other relevant statutes, treaties, cases, and rules. Skills exercises will teach students how to identify barriers to international arbitration like jurisdictional questions and conflicts of law issues. Students will develop negotiating skills for international arbitration. Drafting exercises may include settlement agreements, arbitration clauses in commercial contracts, and client correspondence. approved for J.D. FL-LLMLT-330 ADMINISTRATIVE PROCEDURE AND LOGISTICS Reserved. Reserved. Reserved. FL-LLMLT-331 TRUCKING LIABILITY This course is primarily designed to provide students with an understanding of the types of claims or litigation that arise in the interstate trucking or motor carrier industry. Students will learn how to preserve evidence after a truck accident and how to investigate, to prosecute, and to defend against these claims and litigation arising from truck accidents. Skills exercises will require students to assess liability claims against motor carriers from the viewpoints of motor carriers, drivers, and claimants. Skills exercises may require that students draft pleadings, identify defenses, and assess the risks and benefits of litigating particular claims against motor carriers. Exercises may also develop students' negotiation skills for resolving potential claims to avoid litigation. approved for J.D. FL-LLMLT-332 FL-LLMLT-333 DREDGING AND MARINE CONSTRUCTION II ENVIRONMENTAL COMPLIANCE IN Reserved. 1 Reserved. Reserved. Reserved. This course teaches students about the skills they will need to address environmental regulation and compliance issues in navigable waters and coastal regions. Topics include the Administrative Procedures Act, the Environmental Protection Agency, the Public Trust Doctrine, habitat conservation plans, mitigation, permits, working waterfronts, cultural aspects of the Wreck Removal Act and challenging final agency action. Skills exercises may include assessing habitat conservation plans and conservation easements, reviewing case studies to identify compliance concerns of regulators and regulated parties, drafting client correspondence, and drafting a Petition for Formal Administrative Hearing.

7 FL-LLMLT-334 PUBLIC PRIVATE PARTNERSHIPS IN Transportation public-private partnerships (P3s) are contractual agreements between a public agency and a private sector entity that allow for greater private sector participation in the delivery and financing of transportation projects. This course will explore the different types of P3 structures, the pros and cons for each P3 structure, the roles and responsibilities between the public and private sectors, and the best practices in the procurement and delivery of P3 projects. Topics include federal and state laws; international consortiums that develop road and bridge facilities, railroad corridors, ports, airports, and other transportation infrastructure; procurement documents and concession agreements; financing solutions; and risk identification. Skills exercises will include performing legal research, drafting agreements, developing negotiation strategies, identifying project risks and financing solutions, and drafting memoranda. FL-LLMLT-335 ADMINISTRATIVE PROCEDURE BEFORE THE U.S. DEPARTMENT OF LABOR OWCP This course teaches skills for practicing before the United States Department of Labor's Office of Workers Compensation Programs. Topics include the Longshore and Harbor Workers' Compensation Act, the Defense Base Act, and the Outer Continental Shelf Lands Act. Skills exercises may include distinguishing among employees who are covered by the Longshore and Harbor Workers' Compensation Act, the Defense Base Act, the Outer Continental Shelf Lands Act, and state workers' compensation acts; calculating potential benefits for injuries during the course of employment; drafting compensation claims; and negotiating with compensation insurers, employers, and employees to resolve compensation disputes. Students may develop strategies for settling third party claims without compromising future coverage under applicable laws and appealing adverse decisions to the Benefits Review Board. FL-LLMLT-336 GLOBAL MILITARY LOGISTICS: CONTRACTING, ACQUISITION, AND LABOR ISSUES This course will focus heavily on skills development. Students will use Government databases to research military logistics contract and acquisition activities. They will be asked to make comments and recommendations about the logistics contracts. They will be asked to draft logistics and transportation sections to Government Requests For Proposal (RFP). They will also be asked to make comments about and form recommendations regarding various military logistics activities such as labor actions, subcontracting, evaluating proposals, and conducting contingency logistics operations. FL-LLMT-337 FINES AND PENALTIES IN ADMINISTRATIVE LAW This course examines fines and penalties that administrative agencies may order for violating regulations governing the Clean Water Act, the Clean Air Act, and waste regulations. The course will introduce the applicable Acts and the enforceable policies of each and will provide examples of applicable administrative, civil, and criminal penalties for information and discussion. Topics for this course include the enforceable policies of the three-tiered environmental protection arenas: water, air, and waste. It will also include a discussion on remedies (agreements) to address enforcement actions. This course will develop students' skills and knowledge in enforcement and compliance procedures of the Environmental Protection Agency and the U.S. Army Corps of Engineers. Students will be better prepared to assess the risk of potential fines and penalties for regulatory violations, will learn to access and use agencies' tools for assessing penalties, and will learn to assert potential defenses and mitigating measures to address potential fines and penalties. * This course is designed to provide the skills to practice in this particular field. FL-LLMT-338 AVIATION REGULATION: AIPORT/AIRBASE MANAGEMENT, SECURITY AND LOGISTICS

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