James F. Flanagan

Oliver Ellsworth Distinguished Professor Emeritus of Federal Practice

Contact Information Room 317 USC School of Law 701 Main Street Columbia, South Carolina 29208 v 803-777-7744 f 803-777-8613 Email

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Courses

ADVANCED CIVIL PROCEDURE, LAWS 558 (3 hours) An analysis of the procedural steps in the prosecution and defense of a civil case with emphasis on the Federal Rules of Civil Procedure, including pleading, motions directed to pleadings, amendment, joinder, complex joinder devices, obtaining information from other parties through discovery, trial and post trial motions, and standards for appeal. Special issues in federal procedure including subject matter jurisdiction, removal, jurisdictional limitations on procedural devices, transfer between federal courts, class actions and multi district litigation and appellate issues and the relationship of the federal and state courts may also be explored.

ALTERNATIVE DISPUTE RESOLUTION, LAWS 629 (3 hours) This course will survey and critically analyze alternatives to trials. Relatively few legal disputes should or do end up in court. For most cases non judicial resolutions are preferable, yet law schools give little attention to other forums. Among other things, this course will explore the nature and usefulness of negotiation, arbitration, mediation and "mini trial".

CIVIL PROCEDURE I, LAWS 545 (3 hours) An introduction to the basic framework within which state and federal courts process litigation including an overview of the steps in the litigational process, with special emphasis on constitutional issues in civil procedure including acquiring jurisdiction over parties; the diversity and federal courts; venue; removal of cases from state to federal court; the law applied in federal courts; and principals of res judicata.

CRIMINAL PROCEDURE, LAWS 547 (3 Hours) The criminal process with emphasis on constitutional issues relating to arrest, search and seizure, and interrogation. Some consideration of issues relating to identification procedures, jeopardy, pre-trial procedure, and guilty pleas.

EVIDENCE, LAWS 671 (3 hours) Preparation and presentation of various kinds of evidence, including proof of writings; qualifications and examination of witnesses; privilege; opinion testimony; demonstrative, experimental, scientific evidence; determination of relevancy; application of the hearsay rule.

FEDERAL PRACTICE, LAWS 659 (3 hours) A study of the role of the federal courts in the operation of the federal system. The course is designed to cover the constitutional and statutory role of federal courts, including their relationship to other branches of the federal government, the interplay of federal and state law, and the distribution of judicial power between federal and state courts. Specific topics to be covered include, Congressional Power to control Federal Jurisdiction, Supreme Court Jurisdiction, supplemental and Removal Jurisdiction, Jurisdictional Amount, State Sovereign Immunity, Abstention, the Anti Induction Act and Current Concepts of Federalism. If time permits, the course will also cover Habeas Corpus and Civil Rights Removal.