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Cayman Islands Faculty-Led
Grand Cayman, Cayman Islands
|Dates / Deadlines:|
There are currently no active application cycles for this program.
|Areas of Study:||Law General, Law Human Rights||Minimum GPA Requirement:||2.25|
|Program Type:||Faculty-Led||Academic Level:||Law Student|
|Language of Instruction:||English||Housing Options:||Hostel/Hotel|
Cayman Islands 2014-15
(Dec. 27, 2014 - Dec. 30, 2014)
Asset Protection Trusts in the Caribbean (1 credit)
Instructor: Carla Spivack
Offshore Asset Protection Trusts (OAPTs) are an increasingly popular device for “high risk” people – real estate developers, corporate directors, doctors, lawyers, and others perceived to have “deep pockets” - to protect their assets from creditors. The islands of the Caribbean, including the Caymans, are a major situs for these trusts, which may also offer tax and other advantages. This is an important area of law for estate planners and others in banking, regulatory and tax law.
This course will cover the basic law governing these trusts in the Caribbean in four units: 1) considerations in locating the OAPT, such as the jurisdiction’s fraudulent conveyance laws, its rules of comity, Rule Against Perpetuities repeal in the jurisdiction and its effects, the offshore tax laws and how they differ from the U.S. tax law of trusts, and the jurisdiction’s confidentiality rules; 2) features of OAPT instruments which are designed to ward off creditor claims and how to draft them, such as anti-duress clauses, protective trust clauses, and discretionary distribution clauses; 3) an assessment of the legal challenges to OAPTs through the reading of cases which have tested the legal status of OAPTs; and 4) ethics considerations involved in advising clients about OAPTs.
Comparative Intellectual Property Law (1 credit)
Instructor: Darryl C. Wilson
This course will provide a survey knowledge of Intellectual Property (IP), comparing the US system, with the laws of the CARICOM member states, both independently as well in connection with the CARICOM treaty. We will also compare the nations laws and treaty language with the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS). TRIPS is the pre-eminent treaty setting forth the minimum standards for IP throughout the world with approximately 160 nations currently signatories.
I foresee the first day as an intro to IP concepts around the world. The second day as an intro on the interplay of national laws, pluralateral treaties (i.e. CARICOM), and multilateral treaties (i.e. TRIPS). The third and fourth days as a focus on dispute resolution options available to individuals and nations as well as the needs of the region to develop a multinational IP office. The exam will be 50 MC questions.
(Jan. 2-5, 2015)
Human Rights in the Commonwealth Caribbean (1 credit)
Instructor: Deborah Barker Roye
The course will explore the mechanisms for, and effectiveness of, the protection of human rights in the Commonwealth Caribbean, both the Independent Commonwealth Caribbean Islands and the British Overseas territories including the Cayman Islands.
The following rights will be explored: Right to Life, Right to Protection from Torture and Inhuman or Degrading Treatment, Right to Personal Liberty, Right to a fair trial, Right to Private & family life, Conscience and Religion and non-discrimination.
Climate Change Impacts on Ocean and Coastal Law (1 credit)
Instructor: Randall Abate
The course will address how climate change impacts are shaping domestic and international law responses to the management of oceans and coastal areas. Topics will include sea level rise, coastal erosion and beach renourishment, ocean acidification, impacts to fisheries and endangered species, ocean iron fertilization, and human rights dimensions of coastal adaptation. The course will also include a unit on climate change impacts on Caribbean nations’ ocean and coastal resources.
Passports and Visas
If you are a U.S. citizen no visa is required to enter the Cayman Islands, but a passport is required to enter the Cayman Islands and return to the United States. The cost of travel and the responsibility of obtaining a passport rests with each student.
Scheduling Your Travel Plans
Program housing will be available on Friday, Dec. 26, 2014, and you will be expected to check out of housing on Tuesday, Jan. 6, 2015. Should you schedule your arrival before Dec. 26, or your departure after Jan. 6, you will be responsible for arranging your own housing.
Course of Study
All students will be required to register in at least 2 one credit hour courses. Classes will begin at 9 a.m. and end at 12:15 p.m. with two short breaks. Most afternoons and weekends will be free for study, social events, and recreational activities. Enrollment is normally limited to 40 students. This Intersession study abroad program has been approved by the American Bar Association.
Classes will be held at the Cayman Islands Law School, located in the heart of George Town, Cayman Islands. The classrooms are equipped with modern classroom technology, a computer lab, and library facilities. A bus shuttle will be provided to and from the Sunshine Suites Resort Hotel to the Cayman Islands Law School. An administrative office for the On-site Program Director will be located at the law school, which is near the classroom and convenient for students to meet with faculty. The office will be open throughout the class day for the entire program.