Cayman Islands Fall Intersession Program Courses
*The courses below are awaiting Curriculum Committee approval.
(Dec. 27-30, 2018)
Transnational Maritime Practice: An Introduction (1 credit)
Instructor: Jonathan Gutoff
This course will introduce students to some important aspects of maritime practice concerning transnational shipments. It will be introduce some important aspects of US maritime law; the registration and classification of vessels in open registries, also known as flags of convenience; the role played by registration in choice of law; and foreign forum selection and arbitration clauses.
Caribbean Countries and Global Financial Regulation (1 credit)
Instructor: Danné Johnson
Many view Caribbean countries as travel destinations for fun and leisure while others seek out these tropical destinations for financial benefit. The World Bank and the International Monetary Fund are engaged in assisting these small countries to strengthen their economies. This assistance includes direct funding, loans, education, and structural guidance in terms of regulation.
In the wake of the global financial crisis, there has been renewed interest in building fiscal institutions to ensure fiscal discipline in the United States and abroad. In connection with this movement Caribbean countries will need to address their pace of economic growth and change, global and local risks, and limited financial resources. This course will introduce students to the role of the IMF in the financial stability and regulation of Caribbean countries. The topics of historic relaxed financial regulation as it relates to possible tax evasion and money laundering will be discussed. Current events related to the strengthening regulations will be a focus.
(Jan. 2-5, 2019)
Comparative Trusts Law (1 credit)
Instructor: Scott Atkins
The Trust has been used to manage family wealth, and mitigate charges to tax, since the Middle Ages. Over the last century, the English trust has underpinned the development of the trust in other countries, both on- and offshore. Trusts have been developed in civil law countries (such as Italy and Switzerland) to which the concept of equitable ownership is alien. The American Uniform Trust Code has set down a model trusts law which has been built upon by nearly half of the American states.
This course will consider how the trust is established and used in English law compared to the American Uniform Trust Code as well as considering the differences in offshore trusts, with a particular reference to the STAR trust regime in the Cayman Islands.
Comparative Adoption Law: England (including its Overseas Territory – The Cayman Islands) and the United States (1 credit)
Instructor: Cynthia Hawkins
British law allows the so-called “forced adoption” of children – the non-consensual removal of children from their parents. Under current law, the risk of future harm to a child (even without evidence of current harm) can be the basis for removal. In addition, the law forbids direct contact between adopted children and their birth or foster families. Our discussion will begin with the 2018 study conducted by the British Association of Social Workers (The role of the social worker in adoption – ethics and human rights: An Enquiry (www.basw.co.uk/adoption-enquiry)).
Contrarily, in the United States, unless there has been a prior termination of parental rights, birth parents’ consent is required. In addition, the majority of US adoptions are so-called open adoptions. Under this approach, varying degrees of contact between the adoptive and birth families occur over time.