LAW 15-B2 (17795) Rm F109 (4 cr.) M, W, 3:30 – 5:20 pm
Welcome to first year torts! The most important tools to bring to class with you are your life experiences and an open mind (the course materials would also be helpful). You will find that the subject of torts will be familiar to you from your own experience. You will also find that problems in torts rarely lead to absolute answers. This may be disconcerting for you at first, but ultimately the ambiguities in tort law will allow you to develop an understanding of argument and legal process.
Course Materials The required text for this course is Cases and Materials on Torts (13th ed., 2024) by Richard A. Epstein and Catherine M. Sharkey (https://aspenpublishing.com/products/epstein-torts13). You may use an alternative edition of this text; if you make this choice, then it is your responsibility to read the appropriate material. Supplemental cases and hypothetical problems are also assigned throughout the course. The syllabus, supplemental material and all hypothetical exercises are available on the course BlackBoard.
Class Assignments and Hypothetical Exercises We will proceed through the course material in the order indicated on the Syllabus. You should read each “unit” as a whole, for better understanding. We will continue the proceeding class with any material we did not reach in the previous class. Whether or not each part of a class reading is specifically discussed, you are responsible for all cases, notes and materials assigned. If there is class time after covering the material for any day, we may review and discuss approaches to the hypotheticals, previously assigned.
Participation in the hypothetical exercises is required. Hypos are available and conducted through the course Blackboard. All postings and submissions shall be done on Blackboard. Specific exercised and critiques will be assigned to you. Further instruction will be explained on BlackBoard. Students, who take the hypotheticals seriously and write them out in a controlled setting, tend to do better on exams than those who do not. Nonparticipation will adversely affect your grade.
Class Structure and Participation Class participation is mandatory. Students will be called on randomly in each class. Participation on one day will not shield you from participation on the next. Thus, all students are expected to be prepared to field questions, especially those concerning basic doctrine and "black letter" applications. In addition, students should focus on understanding the broader theoretical implications and policy underlying the "black letter" applications. You should expect to field questions more than once during the semester. Passing is not permitted.
You should view class participation as an important part of your learning experience. Class is your opportunity to experiment with the materials before you are evaluated on them. Volunteered answers in class are always welcome. Please note, participation does not mean your questions must always be dazzling; well-reasoned answers are required only on the written examinations. However, the choice of whether or for how long someone may speak in class is in my sole discretion.
If you miss class for any reason, you must discuss your absence with me. You must not miss more than four classes. Barring extenuating circumstances, refusal to comport with these requirements may be harmful to your final grade. I retain the option of lowering your grade by as much as a half grade (no more) for poor class attendance or participation.
Attendance Recording of class attendance is your responsibility. Please use the Canelink system to record your attendance (Canelink.miami.edu). Please consult my assistant to address any issues concerning your recorded absences.
Use of Personal Technology in the Classroom You are best served during class period if you focus on class discussions and lectures. Class should not be a dictation exercise. Furthermore, the classroom environment must support learning for all students; technological devices may be distracting to individuals in the class and thus undermine that goal. Accordingly, in addition to other professional conduct and the corresponding courtesies, please refrain from text messaging; instant messaging; e-mail use; use of cell phones (disable them in class); or any other communication devices. Also refrain from displaying wallpaper, screen savers, or other material on your laptop screen reasonably expected to offend or distract your classmates. It should also be understood that games (electronic or otherwise) are inappropriate for the classroom. I will sanction any student who interferes with the general learning environment in the class. Such sanctions may include, but are not limited to, the loss of the privilege to use a laptop in my class, individually or collectively.
Class Recordings Students are expressly prohibited from recording any part of this course. Meetings of this course may be recorded by the University. If recordings are made, they will be available only to students registered for the course. Students are expected to follow appropriate University policies and maintain the security of passwords used to access recorded lectures. Recordings may not be reproduced, shared with those not enrolled in the class, or uploaded to other online environments. If the instructor or a University of Miami office plans any other uses for the recordings beyond this class, students identifiable in the recordings will be notified to request consent prior to such use.
Zoom We may hold select classes, identified in advance, over Zoom for your convenience or in lieu of class-cancellation. When in-person meetings are not readily available, Zoom is also an alternative forum for scheduled meetings with me.
Examinations and Grades There will be a final examination at the end of the course. It will be composed substantially (if not exclusively) of essay questions. Diligent practice in writing answers to the hypothetical problems will help prepare you for the final. You will have a practice midterm, approximately midway through the course, that is intended to provide a preview and early direction for success in exam-taking.
Accessibility The University of Miami School of Law is committed to creating an inclusive learning environment that meets the needs of our diverse student body. If you have a disability (including physical or mental health challenges) and need academic accommodations, please contact Student Accessibility Services via email at access@law.miami.edu. Please note that accommodations are not retroactive; students are encouraged to contact the office and inquire about any disability-related needs within the first weeks of the semester.
Title IX The University of Miami seeks to maintain a safe learning, living, and working environment free from discrimination based upon gender or sex. This includes from all types of sexual misconduct including but not limited to: Dating Violence, Domestic Violence, Sexual Assault (including Sexual Battery), Sexual Exploitation, Sexual Harassment, and Stalking. This also includes protection from discrimination for pregnant students. For additional information about the University’s policies with respect to Title IX, including resources and reporting options, please visit www.miami.edu/titleix or contact the University’s Title IX Office at titleixcoordinator@miami.edu.
Religious Holy Days The University of Miami, although a secular institution, is determined to accommodate those students who wish to observe religious holy days. Classes missed due to observances of religious holy days will count as excused absences only if you provide written notice of your intended absence(s) to me no later than the end of the first three meetings of our class. Please send your observance dates to my assistant.
Office Hours By appointment. I keep my own calendar. You should e-mail me in advance when possible to ensure time is reserved for you.
You are encouraged to ask basic questions via e-mail; more extensive questions are best discussed in person.
Contact Information Rm: G374. E-Mail: zfenton@law.miami.edu Assistant: Caitlyn Rose Campana (crcampana@law.miami.edu)