Howard B. Stravitz
Associate Professor of Law
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Contact Information
Room 403
USC School of Law
701 Main Street
Columbia, South Carolina 29208
v 803-777-6860
f 803-777-2368
stravihb@law.sc.edu
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Courses
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; diversity and the federal courts; venue; removal of cases from state to federal court; the law applied in federal courts; and principles of res judicata.
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.
MASS TORTS, LAWS 714 (2 Hours) In recent years the legal system has had to deal with massive numbers of cases seeking compensation for injuries caused by products such as asbestos, the Dalkon Shield, Agent Orange, and tobacco. This course will examine the varied legal issues raised by these cases. Among the topics covered are procedural devices, such as class actions, for dealing with mass torts, substantive issues, including especially causation in mass torts; and issues of professional responsibility.
RELIGIOUS LEGAL SYSTEMS: JEWISH LAW, LAWS 820 (3 Hours) The course presents the basic features of the Jewish legal system and a number of points of comparison to American law. The first half of the course will provide a historical and literary conspectus to Jewish Law by examining the eternal question of the appropriate remedies for personal injuries. Specific topics covered include: the Biblical Law of Injury; Biblical Methods of Resolving Disputes (including references to the New Testament); and the Rabbinic Law of Injuries. This will be followed by several class hours devoted to the laws of marriage. The remaining class sessions will examine the process used to reach religious legal decisions from three modern perspectives, including decisions concerning Sex and Family Life. These discussions should help you see how the Jewish legal tradition is being applied in modern times by different groups within the Jewish community.
The comparative study of another legal system can be an important part of learning about one's own system. A religious legal system is especially useful for comparative purposes. Its religious roots feed a set of assumptions about the nature of humanity and of the law considerably different from those of a self-consciously secular system like American law. All class materials are in English and it is assumed that students have no special background or familiarity with the materials. Students of all religious, racial, or ethnic backgrounds are encouraged to enroll in this course. The comparative focus of this course puts ll students on a level plane at the beginning, with perhaps a minor advantage for those who have studied some philosophy in their undergraduate training.
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