Course Browser

Search and explore Duke Law's wide variety of courses that comprise near every area of legal theory and practice. Contact the Assistant Dean for Academic Affairs to confirm whether a course satisfies a graduation requirement in any particular semester.
 

NOTE: Course offerings change. Faculty leaves and sabbaticals, as well as other curriculum considerations, will sometimes affect when a course may be offered.

 

Credits
Semester
JD Course of Study
JD/LLM in International & Comparative Law
JD/LLM in Law & Entrepreneurship
International LLM - 1 year
LLM in Law & Entrepreneurship - 1 year
Certificate in Public interest and Public Service Law
 
Clear all filters55 courses found.
Course Number Course Title Course Credits Degree Requirements Semesters Taught Methods of Evaluation

190

Distinctive Aspects of U.S. Law 2
  • International LLM - required courses
  • Fall 15
  • Fall 16
  • Fall 17
  • Final Exam

This course is intended to provide a broad introduction to key elements of American law. Emphasis will be placed on exploring contemporary constitutional issues and other issues involving fundamental principles of American law. Much of the focus will be on recent, and controversial, Supreme Court cases dealing with property law rights, affirmative action, the death penalty, punitive damages, the commerce clause, federalism, and separation of church and state. Special focus will also be given to developing a working understanding of the American litigation system, including reliance on pre-trial discovery, experts, and the jury system.

206

International Arbitration 2
  • JD - general credits
  • LLM-ICL - general credits
  • International LLM/Exchange/SJD - general credits
  • Spring 18
  • Final Exam

In today's global economy, parties to cross-border commercial transactions increasingly choose to resolve their disputes through arbitration. This course introduces students to the law and practice of international arbitration. Among other things, the course will consider the formation and enforcement of arbitration agreements; the conduct of arbitral proceedings; the recognition and enforcement of arbitral awards; the international conventions, national laws, and institutional arbitration rules that govern the arbitral process and the enforcement of arbitration agreements and awards; the strategic issues that arise in the course of international arbitration proceedings; and the practical benefits (and disadvantages) of arbitration.

218

Comparative Law: Western Legal Traditions 3
  • JD - general credits
  • LLM-ICL - required courses
  • International LLM/Exchange/SJD - general credits
  • Fall 16
  • Fall 17
  • Final Exam

This course has two aims. On a practical level, we will learn about the differences and similarities, both real and perceived, between different legal orders. We will focus on legal orders within the "civil" and "common" law and try to find out in which way it makes sense to conceive of them as "the Western Legal Tradition". On a theoretical level, we will try to understand what it means to "compare", and how it can help us both to understand other legal systems as well as our own.

220

Conflict of Laws 3
  • JD - general credits
  • LLM-ICL - general credits
  • International LLM/Exchange/SJD - general credits
  • Spring 16
  • Spring 17
  • Spring 18
  • Final Exam
  • Class participation

A study of the special problems that arise when a case is connected with more than one state or nation. Topics include the applicable law (choice of law), personal jurisdiction, and the recognition and effect of foreign judgments.

227

Use of Force in International Law 2
  • JD - upper-level writing (ULWR)
  • JD - general credits
  • LLM-ICL - general credits
  • International LLM/Exchange/SJD - general credits
  • Public Interest Certificate: General Elective
  • Spring 16
  • Fall 16
  • Fall 17
  • Reflection Papers
  • Final paper (10+ pages in length)
  • Oral presentation
  • Class participation

This seminar will examine current (to include world events that may arise during the course) and historical applications of international law as it relates to the use of force. It focuses on jus ad bellum as opposed to jus in bello, although there will be some overlap. While of obvious interest to those considering government (to include military) and nongovernmental organization service, the course aims to provide a general background and context useful to a wide variety of law practices, particular those involving global business endeavors which may be impacted by international security issues. Students will consider the creative possibilities and practical limitations of international law for regulating the use of force in a variety of situations, especially during periods of putative peace. Case studies curren t news events - will be examined in conjunction with the issues covered. The seminar will analyze what constitutes "force" and "armed attack" under international law, and will survey such topics as self-defense, humanitarian intervention, the law of rescue, and the legal aspects of international counter-piracy and counterterrorism operations. The characteristics of use of force in space and cyberspace also will be discussed, as will be the use of drones and autonomous weapons systems. In addition, the lawfulness of nuclear weaponry, particularly as a deterrent, will be assessed. Students will be encouraged to relate legal and interdisciplinary sources in order to better understand the multi-faceted interaction between law and the use of force. There is no examination for this course (which will only be offered in the fall) but a 20-page paper (constituting 65% of the grade) is required on a topic chosen by the student and approved by the instructor. Students desiring to use the course paper to fulfill Upper-Level and possibly other writing requirement must obtain instructor approval and produce a paper at least 30 pages in length. The remainder of the grade (35%) is based on the quality and frequency of class participation. Students should be aware that this course may include discussion and visual depictions (still and video) of armed conflict and other acts of extreme violence. This course will utilize a course pack. It is anticipated that during the fall of 2017, there will be no class on Tuesday, September 5th, and a make-up class on Friday, September 22nd.

236

International Human Rights 3
  • JD - general credits
  • LLM-ICL - general credits
  • International LLM/Exchange/SJD - general credits
  • Public Interest Certificate: General Elective
  • Spring 16
  • Final Exam
  • In-class exercise
  • Class participation

This course critically assesses the international and domestic laws, institutions, and legal and political theories that relate to protecting the fundamental liberties of all human beings. The course also engages with the controversies that arise at the intersection of human dignity, state sovereignty, and efforts to use international law to promote world order. It emphasizes (1) specific "hot button" topics within human rights law, such as extraordinary renditions, the death penalty, hate speech, and lesbian and gay rights); (2) the judicial, legislative, and executive bodies in international and domestic legal systems that interpret and implement legal rules relating to these and other human rights topics; and (3) the public and private actors who commit rights violations and who seek redress for individuals whose rights have been violated.

252

Foreign Relations Law 3
  • JD - general credits
  • LLM-ICL - general credits
  • International LLM/Exchange/SJD - general credits
  • Fall 16
  • Fall 17
  • Final Exam

This course examines the constitutional and statutory doctrines regulating the conduct of American foreign relations. Topics include the distribution of foreign relations powers between the three branches of the federal government, the status of international law in U.S. courts, the scope of the treaty power, the validity of executive agreements, the pre-emption of state foreign relations activities, the power to declare and conduct war, and the political question and other doctrines regulating judicial review in foreign relations cases. Where relevant, we will focus on current events, such as military detention of alleged terrorists, human rights litigation against multinational corporations, the prosecution of piracy, and controversies over immigration enforcement.

275

International Law 3
  • JD - general credits
  • LLM-ICL - required courses
  • International LLM/Exchange/SJD - general credits
  • Public Interest Certificate: General Elective
  • Spring 16
  • Spring 17
  • Spring 18
  • Final Exam

This course offers a general introduction to the international legal system and provides a foundation for more specialized courses. Topics covered include the sources, actors and institutions of international law; the application of international law by U.S. courts; adjudication by international tribunals; the extraterritorial application of domestic law; and an introduction to specific topics, such as human rights, international criminal law, international trade and investment, environmental protection, and the use of force.

310

International Dispute Resolution 2
  • JD - general credits
  • JD - professional skills (Entered Law School before Fall 2016)
  • LLM-ICL - general credits
  • International LLM/Exchange/SJD - general credits
  • International LLM, Business Law Certificate
  • Spring 16
  • Final Exam
  • Practical exercises
  • Class participation

Today’s leading dispute-resolution lawyers of the United States, and every nationality, must be equipped for the international practice of law.  Their clients increasingly include multinational corporations and foreign governments who carry out commercial transactions, invest in public infrastructure, and exploit natural resources often in collaboration with other corporations and governments of diverse nationalities around the globe.  Clients may also include citizens and community groups affected by such projects.  Given the sometimes conflicting interests of the various stakeholders, some of these undertakings evolve into complex disputes that cross not only geographic borders, but also cultural, linguistic, political, and jurisdictional boundaries.  Fortunately, the contracts and treaties which govern these projects, and which have proliferated exponentially in recent decades, provide for the resolution of disputes through international institutions, such as the International Court of Justice (ICJ), the International Centre for Settlement of Investment Disputes (ICSID), and the Court of Arbitration of the International Chamber of Commerce (ICC).  Rights and remedies of private parties may be available, either alternatively or additionally, through national courts, local arbitration forums, and diplomatic protection.  And mediation of international disputes is on the rise, under existing institutional rules or through ad hoc proceedings such as before the Permanent Court of Arbitration (PCA).  As you prepare yourself to represent global clients, you must be equipped to navigate the available forums and the applicable legal regimes to advance their interests.

This course will take students through an evolving, hypothetical international dispute, to empower students with practical knowledge, skills, and strategy.  Each module of the course will require students to explore a different dispute resolution forum and address a different facet of the dispute governed by a different source of law (including treaties; contracts and concessions; and local, foreign, and customary international law).  Students will be required to read selected excerpts from leading cases and treatises and to engage in substantive discussion and debate in class.  Students will also be required to complete practicum exercises to develop transferable skills for all forms of international arbitration and litigation.  All hypothetical scenarios, materials, and assignments will be based on real cases from the professor’s experience, to ensure that students gain practical knowledge and skills for their own international practice of law.

318

European Union Commercial Law 3
  • JD - general credits
  • International LLM/Exchange/SJD - general credits
The course offers an introduction to EU commercial law: consumer contract law, employment contract law and company law.

The first part of the course covers foundations of EU law including in particular the funda-mental freedoms and fundamental rights; legislative instruments and legislative competences of the EU in the area of private law. Conflicts of law-rules are of obvious practical importance in the EU; they also provide the framework for regulatory competition between the national laws of the Member States.

The second part of the course discusses the harmonization of private law in the EU with a focus on contracts. Both primary law and a host of directives prohibit discrimination in private law relations, in particular with regard to employment contracts but also with regard to con-tracts more generally. Secondly, a number of directives provide for consumer rights, namely pre-contractual information, rights of withdrawal and the control of unfair terms. Finally, direc-tives have also harmonized the substantive contract laws of the Member States; we look at the consumer sales directive and the transfer of business directive as examples. The third part of the course is dedicated to specific aspects of regulatory competition in the EU. The EU Commission has recently published a proposal for a Common European Sales Law (CESL) – a supra-national sales regime that would effectively constitute an optional code. In company law, the European Company (Societas Europaea) constitutes an optional company form. Among others, it can be used as an instrument for legal arbitrage in regard of employee involvement rights.

The example of commercial law in this broad sense provides an opportunity to discuss foun-dations of EU law (such as the concept of the internal market, the fundamental freedoms and legislative competences of the Union) as well as issues of regulation in private law in gen-eral. It gives students a basic understanding of the general features of EU law and its interac-tion with the national laws of the Member States and provides insight into central elements of regulatory private law.

The course complements courses in contracts, comparative law, consumer protection, and EU law.

328

International Debt Finance (and Sovereign Debt Crises) 2
  • JD - general credits
  • LLM-ICL - general credits
  • International LLM/Exchange/SJD - general credits
  • International LLM, Business Law Certificate
  • Spring 16
  • Spring 17
  • Spring 18

This course uses the lens of international debt finance to provide students with an advanced course in securities law, corporate law, and contract law. In the area of international debt finance, particular attention will be paid to debt issuances by sovereign nations. Given that much of this market is centered in New York and London, the focus of the course will be on U.S. and English law contracts and securities regulatory systems (including stock exchange listing regimes). Particular attention will be paid to how lawyers and their clients (both the sovereigns and the investment bankers) think about how to structure their contracts and what disclosures to make to the public regarding these contracts. Finally, attention will also be paid to the question of how domestic law private law principles can be utilized to solve or at least ameliorate the problem of third world debt (with particular reference to Sub Saharan debt).

Note: Students may enroll in 328P for an opportunity to earn an additional credit.

348

East Asian Law: Business & Finance Focus 2
  • JD - general credits
  • LLM-ICL - general credits
  • International LLM/Exchange/SJD - general credits
  • Spring 18
  • Reflection Papers
  • Final paper (10+ pages in length)
  • Class participation

This is a reading seminar, which will cover the East Asian law relating to the economic development, business practices, and financial regulation, exclusively focusing on Japan, Korea, and China. The legal system and economic development of these three countries have several features in common, if compared to the Western legal tradition, but the different history, culture, and politics of each country made its legal system distinctive to each other. This course aims to examine both these commonalities and distinctions, and thereby enhance our understanding of these three countries today. We will only cover the laws and practices relating to the corporate business and financial regulation, most of which have been inherited from the West. Such legal system has very little to do with the East Asian legal tradition. In most cases, it was previously based on the European Civil Law system, and recently more and more influenced by the Anglo-American laws and regulations. In this regard, the notions that have been often employed to explain the East Asian distinctions, such as Asian value, Confucianism, and traditional culture, will be rarely used or emphasized in this class. Rather, this course intends to examine how these three countries have struggled to incorporate the Western legal system—with or without its underlying assumptions and background social environments—into their society in a surprisingly limited time. To be sure, such transplant has not always been successful, and we can learn several lessons both from success and failure.

 

351

U.S. Immigration and Nationality Law 2
  • JD - general credits
  • LLM-ICL - general credits
  • International LLM/Exchange/SJD - general credits
  • Public Interest Certificate: General Elective
  • Fall 15
  • Fall 16
  • Fall 17
  • Final Exam
  • Class participation

This course opens – and may well close – with the Supreme Court’s impending consideration of the amended “travel ban” in Trump v. Int’l Refugee Assistance Project and Trump v. Hawaii. Discussion on that policy, lower court cases and Supreme Court briefs will serve as a primer on the federal constitutional powers and checks on immigration. We will then review historic constitutional precedents with emphasis on how they underpin and influence contemporary judicial interpretation.

From there, the course surveys the essential elements of immigration and nationality law and attendant procedures: the law of citizenship and naturalization, admission and removal, alien detention, asylum and other relief, and purportedly non-derogable protections under international conventions as implemented by U.S. law. Each week’s discussion on these subject matters will commence with a recent, significant and often controversial dispute, and examine how statutes, regulations, and precedents have guided, for better or worse, an actual or likely resolution.  This course will require significant classroom participation. 

There will be a comprehensive, final in-class exam. The course grade will be based on class participation and the final exam.

357

WTO Dispute Resolution 1
  • JD - general credits
  • LLM-ICL - general credits
  • International LLM/Exchange/SJD - general credits
  • Fall 15

This one credit course will explore the development and practices of the of the World Trade Organization's dispute settlement system. The WTO is unique among large international organizations in that it has a formal judicial body with compulsory jurisdiction over all WTO members. This class will examine the creation of this system, rules regarding jurisdiction and standing, and procedures for initial reports and appeals. In addition, the course will discuss compliance proceedings and the WTO's remedy regime. Class time will consist of a mix of lecture, guest speakers, and a simulation of WTO judicial proceedings.

360

International Taxation 3
  • JD - general credits
  • LLM-ICL - general credits
  • International LLM/Exchange/SJD - general credits
  • International LLM, Business Law Certificate
  • Spring 16
  • Spring 17
  • Spring 18
  • Final Exam

The course explores both the existing tax rules and the widespread policy concerns under discussion in the US and globally about current international tax law.

361

International Trade Law 3
  • JD - general credits
  • LLM-ICL - general credits
  • International LLM/Exchange/SJD - general credits
  • International LLM, Environmental Law Certificate
  • International LLM, Business Law Certificate
  • Fall 15
  • Spring 17
  • Spring 18
  • Final Exam

International trade and the World Trade Organization attract a lot of attention and debate. Why do almost all economists say that liberalizing trade flows is a good thing? Why do politicians – even ones who purportedly support free markets – often rail against import competition and "unfair trade"? How does trade liberalization interact with other public policy choices such as protecting the environment or promoting the economic development of poor countries? In this course, we will examine why the WTO exists, how it developed from the GATT and how it fits in the international economic order (Part I). The course will offer you an in-depth, practical knowledge of substantive WTO law drawing heavily on case law. It will address the basic principles of trade in goods and trade in services, as well as some of the more specialized WTO agreements on, for example on trade remedies (subsidies, anti-dumping and safeguards). From a more procedural side, the course will pay close attention to the unique WTO mechanism for the solution of global trade disputes, with special reference again to recent and ongoing cases (Part II). It will conclude by examining U.S. trade law – particularly the widely-used trade remedies laws – and assessing not only the practice of international trade law in the United States, but also whether these laws actually achieve their supposed policy objectives (Part III). Although this course will necessarily address key principles and theories undergirding the international trade law system, one of its driving themes will be the actual practice of this discipline in the United States and at the WTO. The course will be graded based on class participation and an open-book final exam.

375

International Intellectual Property 3
  • JD - general credits
  • LLM-ICL - general credits
  • JD-LLM-LE - general credits
  • LLM-LE (1 year) - general credits
  • International LLM/Exchange/SJD - general credits
  • International LLM, Intellectual Property Certificate
  • Fall 15
  • Spring 17
  • Fall 17
  • Final Exam

This course surveys international intellectual property law as reconfigured by the new universal standards of protection embodied in the TRIPS Agreement (Trade-Related Aspects of Intellectual Property Rights), which is a component of the Agreement Establishing the World Trade Organization of 1994. Although some contextual materials on trade policy will be read, the course will not focus on general principles of international trade law. Rather, it will focus on the legal and economic implications of the new international intellectual property standards in the light of prior Conventions, with particular regard to such topics as patents; copyrights and related rights (including software, databases, sound recordings); trademarks; integrated circuit designs; trade secrets; and industrial designs. The new WIPO treaties (Dec. 1996) governing copyright law in cyberspace will also be covered. Other topics will include the interface with antitrust law; the enforcement provisions (i.e., civil and criminal due process); dispute resolution (including all the new WTO decisions on intellectual property); and the overall implications for global competition between developed and developing countries in an integrated world market.


Pre-requisite or co-requisite: Any intellectual property course offered at any law school (e.g., Patents, Copyrights, Trademarks or the introductory intellectual property course. Pre-requisites for LLM students may be waived with the instructor's consent.

376

History of International Law 2
  • JD - general credits
  • LLM-ICL - general credits
  • International LLM/Exchange/SJD - general credits
  • Spring 17
  • Spring 18
  • Final Exam
  • Class participation

To understand any body of law, it is useful to understand its origins and development.  To understand international law – a body of law based largely on custom and “incremental development” – the study of its history is especially crucial.  The History of International Law will trace the development of the “Law of Nations” from its roots in the ancient world forward to the modern day.  The course will focus on the development of the core concepts of international law, including sovereignty, state responsibility, jurisdiction, territoriality, and nationality, and will trace the evolution of practice and thought on the field’s perennial quandaries, including the bases of international obligations and the mechanisms of enforcement.  By gaining a cohesive overview of the field’s historical underpinnings, students will be equipped with a firm grounding and framework for analysis of issues in the diverse areas of international law that they may study or in which they may practice.

380

Research Methods in International, Foreign and Comparative Law 1
  • JD - general credits
  • LLM-ICL - required courses
  • International LLM/Exchange/SJD - general credits
  • Spring 16
  • Spring 17
  • Spring 18
  • Practical exercises
  • In-class exercise
  • Class participation
  • Other

This one-credit seminar in advanced legal research introduces students to specific sources and strategies for international, foreign, and comparative legal research. It covers key primary and secondary sources in both print and electronic formats, including freely available and subscription-based resources. The subjects examined include treaty law, the law of international organizations, European Union law, civil law and other foreign legal systems, as well as selected topics in international private law. The course emphasizes the research process, strategies, and evaluation of print and online sources in a changing information environment. This course is required for students enrolled in the J.D./LL.M. in Comparative and International Law and open to other students (2L and 3L) with the instructor's permission. The class will meet for eight 90-minute sessions. Grades will be based on in-class and take-home exercises, class participation, and a final research project.

437

International Human Rights Clinic 5
  • JD - general credits
  • JD - experiential learning (Entered Law School Fall 2016 and later)
  • JD - professional skills (Entered Law School before Fall 2016)
  • LLM-ICL - general credits
  • International LLM/Exchange/SJD - general credits
  • Public Interest Certificate: General Elective
  • Public Interest Certificate: Experiential Requirement
  • Spring 16
  • Fall 16
  • Spring 17
  • Fall 17
  • Spring 18
  • Reflection Papers
  • Final paper (10+ pages in length)
  • Group project
  • Class participation

The International Human Rights Clinic provides students with an opportunity to critically engage with human rights issues, strategies, tactics, institutions, and law in both domestic and international settings. Through the weekly seminar and fieldwork, students will develop practical tools for human rights advocacy—such as fact-finding, litigation, indicators, reporting, and messaging—that integrate inter-disciplinary methods and maximize the use of new technologies. Students will also develop core competencies related to managing trauma in human rights work, as well as the ethical and accountability challenges in human rights lawyering. Types of clinic projects include those that: apply a human rights framework to domestic issues; involve human rights advocacy abroad; engage with international institutions to advance human rights; and/or address human rights in U.S. foreign policy. Students work closely with local organizations, international NGOs, and U.N. human rights experts and bodies. Some travel will likely be involved. Student project teams will also meet at least once a week with the clinic instructors. Students work on clinic projects approximately 10-12 hours a week, for a minimum of 125 hours of clinical work during the semester.  This course may not be dropped after the first class meeting.

448

Guantanamo Defense Clinic 4
  • JD - general credits
  • JD - experiential learning (Entered Law School Fall 2016 and later)
  • JD - professional skills (Entered Law School before Fall 2016)
  • LLM-ICL - general credits
  • International LLM/Exchange/SJD - general credits
  • Public Interest Certificate: General Elective
  • Fall 15
  • Spring 16
  • Oral presentation
  • Practical exercises
  • Final research paper (25+ pages in length)
  • Class participation

Students in the Guantánamo Defense Clinic will assist in the defense of Khalid Shaikh Mohammad, the named defendant in the "9/11 case" before the military commissions at Guantanamo Bay. Clinic students will work with clinic professors and defense counsel to analyze legal issues posed by the case, construct case theories and strategies, and prepare court filings and arguments.


"Standdown"—a two-day intensive training seminar—will be held over a weekend at the beginning of the semester.  Students should check the Academic Calendar to confirm the Standdown dates.


The class will meet, thereafter, during its weekly class period (Thursdays, 10:30am-12:20pm), with additional team meetings scheduled as required.


The course requires a minimum of 100 hours of work, apart from the scheduled training seminar and class meetings.


Clinic Contact Information:
Phone: 919.613.7049
Fax: 919.613.7231

448B

Advanced Guantanamo Defense Clinic 2
  • JD - general credits
  • JD - experiential learning (Entered Law School Fall 2016 and later)
  • LLM-ICL - general credits
  • International LLM/Exchange/SJD - general credits
  • Public Interest Certificate: General Elective
  • Spring 16
  • Final research paper (25+ pages in length)
  • Oral presentation
  • Practical exercises
  • Class participation
Course requirements: Each student will perform a minimum of 50 hours of clinic work.

Prerequisite: Guantanamo Defense Clinic.

501

Civil Litigation in U.S. Federal Courts: Transnational Issues 3
  • JD - general credits
  • LLM-ICL - general credits
  • International LLM/Exchange/SJD - general credits
  • Fall 15
  • Spring 17
  • Fall 17
  • Final Exam

This course analyzes civil suits in U.S. federal courts that raise cross-border, international and foreign legal issues. Specific topics covered include transnational jurisdiction, international forum selection, transborder choice of law, extraterritorial application of U.S. law, federal rules for service of process and discovery of evidence abroad, the special treatment of foreign governments as parties, and recognition and enforcement of foreign judgments. The course focuses on the litigation of these topics in U.S. courts, but it also compares how similar issues are addressed in the European Union and Latin America.

508

Chinese Law and Society 2
  • JD - general credits
  • JD - upper-level writing (ULWR)
  • LLM-ICL - general credits
  • International LLM/Exchange/SJD - general credits

This course will survey law and legal practice in the People's Republic of China. Particular attention is given to the interaction of legal institutions with social change, politics, and economic development. Specific topics include, among others, the Party State, state capitalism, the judiciary, property law and development, criminal law and procedure, media (especially the internet), business and investment law, labor law, and major schools of Chinese legal and political thought. Some class discussions will involve interaction with students or faculty from the PRC. Prior familiarity with Chinese history or politics is unnecessary. All course materials will be in English.


Course requirements include regular participation in class discussion, one or two reading reports, and a final research paper. This paper will satisfy the LLM writing requirement, and, with permission, can be used for the JD writing requirement as well.

511

International Criminal Law 3
  • JD - general credits
  • LLM-ICL - general credits
  • International LLM/Exchange/SJD - general credits
  • Spring 17
  • Spring 18
  • Final Exam

"An international crime," wrote eminent legal scholar George Schwarzenberger in 1950, "presupposes the existence of an international criminal law.  Such a branch of international law does not exist."  This course will begin by probing the concept of international criminal law.  What does it mean to say that certain conduct constitutes an "international crime"?

What are the objectives of such a legal regime?  We will then examine the law of genocide, war crimes, crimes against humanity, aggression, torture, "terrorism" offenses, and drug trafficking.  Particular attention will be focused on the issue of jurisdiction over those offenses (and immunities to such jurisdiction), including the jurisdiction of domestic criminal courts, military tribunals (such as the International Military Tribunal at Nuremberg after World War II, and the current military commissions at Guantanamo Bay, Cuba) and international criminal courts (such as the International Criminal Tribunals for the former Yugoslavia and Rwanda, and the International Criminal Court).

520

Climate Change and the Law 2
  • JD - general credits
  • LLM-ICL - general credits
  • International LLM/Exchange/SJD - general credits
  • Public Interest Certificate: General Elective
  • Spring 17
  • Spring 18
  • Reflection Papers
  • Final paper (10+ pages in length)
  • In-class exercise
  • Class participation

This 2-credit seminar will examine global climate change and the range of actual and potential responses by legal institutions – primarily at the international treaty level and in the United States, with attention as well to the law in Europe, Australia, China, Brazil, and elsewhere.

We will compare alternative approaches that could be taken by the legal regime to address climate change: the choice of policy instrument (e.g., emissions taxes, allowance trading, technology R&D, prescriptive regulation, reducing deforestation, geoengineering, adaptation); the spatial scale (global, regional, national, local); the time scale (precautionary or adaptive, over decades or centuries); and key normative criteria for policy choice. We will also examine the actual legal measures that have been adopted so far to manage climate change: the international agreements such as the Framework Convention on Climate Change (1992), its Kyoto Protocol (1997), and the results of follow-on meetings such as Copenhagen (2009), Cancun (2010), Durban (2011), Doha (2012), Warsaw (2013), and the Paris Agreement (2015); and the policies undertaken by the US, Europe, Australia, China, Brazil, and other key countries. In the US, we will study national (federal) and sub-national (state and local) policies, including: legislative proposals in the US Congress; the US Supreme Court's decisions in Massachusetts v. EPA (2007), and Connecticut v. AEP (2011), addressing issues including standing to sue, statutory interpretation, delegation, administrative discretion, comparative institutional competence, and statutory preemption of common law; administrative regulation by US EPA under the current Clean Air Act; other federal laws such as the ESA and NEPA; state-level action by California, RGGI, and others; and common-law tort liability applied to climate change.

Questions we will discuss include: How effective and efficient are the policies being proposed and adopted? How do actions at the national and international levels affect each other (e.g. reinforcing or conflicting)? Can current institutions deal with a problem as enormous, complex, long-term, uncertain, and multi-faceted as climate change? What roles do changing scientific and economic understanding play in evolving legal responses? How do institutions and the public respond to potential but inchoate catastrophes? Will dealing with mega-problems necessitate or lead to basic changes in legal institutions? Should the US states be acting? Should you buy personal carbon offsets? Should the US have joined Kyoto, or have organized a parallel regime of major emitters, or have done something else? How should we appraise FCCC/Kyoto process so far? What will follow from the 2015 Paris Agreement, and how should it be implemented? What are the best ways to engage countries in international cooperation? What principles of international and intergenerational justice should guide efforts to control climate change? How should aggregate social well-being, and distributional equity for the world's poor, shape climate change policy? Should greenhouse gas emitters (countries, businesses, consumers) be legally liable or responsible to compensate victims for their losses? What is the best mix of mitigation (prevention) and adaptation (resilience)? How will climate policy be influenced by geopolitical changes such as the rise of China and India, and a shift from the US as lone superpower to a more multipolar world of several great powers? How will technological change affect law and policy, and how should the law seek to promote technological change? How should the legal system learn and remain adaptable to new information over time? What threats, challenges, and opportunities might climate change pose to legal and political systems?

Students must read the assigned materials in advance of class, and participate in class discussion. Each student will submit a short (5-6 page) paper, addressing the week's readings (and adding outside research), for three (3) of the 12 class sessions (not counting the first class session). A sign-up sheet will be circulated at the beginning of the course for students to select the 3 topics/class sessions for which they will submit these 3 short papers (so that these papers are spread across the semester). In addition, each student will write a longer research paper (15 pages), due at the end of the semester. Grades will be based on: 33% class participation, 33% the 3 short papers, and 33% the longer paper.

The Syllabus with weekly assignments, and the Resources (readings), will be posted on the Sakai site. (There is no textbook for this course; all readings will be posted on the Sakai site.)

523

Finance in Asia: Institutions, Regulations and Policy 1
  • JD - upper-level writing (ULWR)
  • JD - upper-level writing (ULWR), add-on credit
  • JD - general credits
  • International LLM/Exchange/SJD - general credits
  • Spring 17
  • Reflection Papers
  • Class participation

The global economy and financial system are undergoing a profound transformation in the twenty-first century with the rise of Asia, most particularly China. This course will consider finance in the region and its implications for the global financial system. Following an introduction to the evolution of finance in Asia and its role in the global economy, the course will consider the role of Asia in international financial arrangements such as the Group of 20 (G20) and International Monetary Fund (IMF), regional financial regulatory arrangements (focusing on the major financial centers such as Hong Kong and Singapore), China’s financial internationalization (in particular of the RMB, the Belt and Road Initiative and the Asian Infrastructure Investment Bank [AIIB]), and the impact of technology on finance in the region (with a focus on China and India).

The class will be conducted as an interactive seminar. Student grades will be based on participation (10%) and a series of 3 papers (approximately 5 pages each) on specific topics throughout the course (90%). For those wishing a second credit, there is the option of an additional 25+ page seminar paper due at the end of the semester. (Students should enroll in Law 523W if they plan write the 25+ page paper.)

523W

Finance in Asia: Institutions, Regulations and Policy / Writing Credit 1
  • JD - upper-level writing (ULWR)
  • JD - general credits
  • International LLM/Exchange/SJD - general credits
  • Final research paper (25+ pages in length)

Students enrolled in Law 523 Finance in Asia: Institutions, Regulations, and Policy, may earn an additional credit by writing an additional 25+ page paper, due at the end of the semester . *LAW 523W must be added no later than 7th week of class.*

527W

Access to Medicines Writing Credit 1
  • JD - general credits
  • JD - upper-level writing (ULWR)
  • Spring 16
  • Spring 18
  • Add on credit

While enrolled in Law 527 Access to Medicines: Intellectual Property and Global Public Health, students have the option to take an additional 1 credit if they wish to write a 45 page paper. *LAW 527W MUST be added no later than 7th week of class.*

527

Access to Medicines: Intellectual Property and Global Public Health 2
  • JD - upper-level writing (ULWR), option
  • JD - general credits
  • LLM-ICL - general credits
  • International LLM/Exchange/SJD - general credits
  • International LLM, Intellectual Property Certificate
  • Public Interest Certificate: General Elective
  • Spring 16
  • Spring 17
  • Spring 18
  • Final Exam, option
  • Final research paper (25+ pages in length), option

This 2 credit seminar examines the law and policy governing the availability, price and development of medicines worldwide, providing an overview of the international legal frameworks, national regulations, and innovation policies affecting access to existing medicines and the development of future treatments for global health. It encourages students to critically examine current international law governing pharmaceutical innovation and to engage in efforts to improve incentives for the pharmaceutical sector to better meet global health needs. This seminar is open to non-law graduate students depending on space and prior experience. Students may take a final take-home exam or write a 30 page paper. 

Note: An additional credit is available for students writing a 45 page paper.  Students wishing to take this option should enroll in Law 527W Access to Medicines Writing Credit and must be enrolled no later than the 7th week of class.

535

Comparative Corporate Law 2
  • JD - general credits
  • LLM-ICL - general credits
  • International LLM/Exchange/SJD - general credits
  • Fall 17
  • Reflection Papers
  • Final paper (10+ pages in length)
  • Class participation

This is a reading seminar, which will be conducted by interactive class discussions, which will utilize heavily comparative approaches. We will start with the U.S. style corporate law theories and practices, and then discuss on how they are actually applied or rejected throughout the world, particularly in the United Kingdom, Continental Europe, and East Asia. The goal of this course is not merely to compare legal institutions of different legal origins. Rather, this course intends to consider several core problems with modern business association, and ask why and how different rules have been developed across the countries. There would be no clear answers, but such discussions will enhance our understanding of corporate law as well as capitalism in general. For these purpose, readings are carefully edited from three articles: roughly, one is associated with the United States, another with the Continental Europe (including the United Kingdom, if any), and the other with the East Asia (mostly Japan and Korea). Due to the time constraint, however, only a handful of core issues and selected papers will be assigned and discussed in class. More advanced theoretical issues on corporate governance will be covered by another corporate governance course. Instead, we will focus on controlling families and corporate group, different schemes of corporate monitoring (directors and institutional shareholders) across the countries, flexibility of corporate finance rules in terms of creditor protection, and finally, dramatic differences of takeover markets. Although the readings sometimes employed economic reasoning, the course requires only a basic understanding of microeconomics.

537

International Human Rights Advocacy Seminar 2
  • JD - general credits
  • JD - upper-level writing (ULWR)
  • LLM-ICL - general credits
  • International LLM/Exchange/SJD - general credits
  • Public Interest Certificate: General Elective
  • Fall 15
  • Fall 16
  • Fall 17

This course critically assesses the field of international human rights advocacy, its institutions, strategies, and key actors. It explores how domestic, regional, and global human rights agendas are set; the ethical and accountability dilemmas that arise in human rights advocacy; and human rights advocacy concerning a range of actors, including governments, international institutions, and private actors.  Drawing on case studies within the United States and abroad, the course will also examine core human rights advocacy tactics, such as fact-finding, litigation, standard-setting, indicators, and reporting, and consider the opportunities and challenges of new technologies in human rights advocacy. Evaluation will be based on class participation and a final paper.

This class is a pre-requisite or corequisite for Law 437 International Human Rights Clinic.

544

Advanced Topics in International Trade 2
  • JD - general credits
  • JD - upper-level writing (ULWR)
  • International LLM/Exchange/SJD - general credits
  • Spring 15

This seminar will explore recent scholarship related to international economics and international trade institutions (such as the WTO, the EU, and NAFTA).  Topics will include the domestic political economy of trade liberalization, trade remedy law, institutional design, and compliance with dispute resolution systems.  The seminar is designed to be highly participatory with students taking the lead in class discussions.  Some knowledge of international law is helpful but not required.  Grades are based on a series of papers written during the semester and class participation.

Grade Basis:  Grades are based on the six short papers, your leadership of class discussion, and class participation.  There is no final exam and no final paper.  This course can be taken together with a 2 or 3 credit independent study to fulfill a writing requirement.

546

International Law of Armed Conflict 3
  • JD - upper-level writing (ULWR)
  • JD - upper-level writing (ULWR), option
  • JD - general credits
  • LLM-ICL - general credits
  • International LLM/Exchange/SJD - general credits
  • Public Interest Certificate: General Elective
  • Fall 15
  • Spring 17
  • Spring 18
  • Reflection Papers
  • Final research paper (25+ pages in length), option
  • Final paper (10+ pages in length)
  • Oral presentation
  • Class participation

This seminar will examine the international law of armed conflict, and it focuses on the jus in bello context. Students will consider the rationale for the key concepts of the law of armed conflict, and examine their practical application in various contexts. Case studies (contemporary and historical) will be examined in conjunction with the topics covered. This historical context for the law of armed conflict agreements, the status of conflicts, combatants, and civilians, targeting, rules of engagement, war crimes, are all included among the topics the class will address. Students will be encouraged to relate legal and interdisciplinary sources in order to better understand the multi-faceted interaction between law and war. There is no examination for this course but a 30-page paper (constituting 65% of the grade) is required on a topic chosen by the student and approved by the instructor. Students desiring to use the course paper to fulfill Upper-Level and possibly other writing requirements must obtain instructor. The remainder of the grade (35%) is based on the quality and frequency of class participation. Students should be aware that this course may include discussion and visual depictions (still and video) of armed conflict and other acts of extreme violence. The textbook for this course is Gary D. Solis's "The Law of Armed Conflict: International Humanitarian Law in War" (2nd ed., 2016). This course will only be offered in the spring.

555

International Environmental Law 3
  • JD - upper-level writing (ULWR)
  • JD - general credits
  • LLM-ICL - general credits
  • International LLM/Exchange/SJD - general credits
  • International LLM, Environmental Law Certificate
  • Public Interest Certificate: General Elective
  • Spring 16
  • Final research paper (25+ pages in length)
  • Class participation

This course provides a general introduction to international environmental law and policy. We will begin by exploring the economic, political, and legal concepts relevant to international environmental treaty regimes. We will then apply these concepts to concrete regimes designed to deal with specific international environmental problems, such as transboundary air pollution, atmospheric pollution, marine pollution, fisheries depletion, and biodiversity and habitat loss. The course focuses principally on the dynamic of treaties, negotiations, and state and non-state actors on the international plane, and much less on domestic legislation.

Grades will be awarded on the basis of class participation and a final paper. 

558

Foreign Anti-Bribery Law 2
  • JD - general credits
  • JD - upper-level writing (ULWR), add-on credit
  • JD - upper-level writing (ULWR)
  • International LLM/Exchange/SJD - general credits
  • Spring 16
  • Reflection Papers
  • Final paper (10+ pages in length)
  • Oral presentation
  • Class participation

Corruption is one of the major factors inhibiting economic development and undermining governmental legitimacy.  Developed governments generally enforce rules prohibiting domestic corruption, but have historically been less concerned with (and even encouraging of) foreign government corruption.  The United States passage of the Foreign Corrupt Practices Act in 1977, which prohibits covered entities from bribing foreign officials, represents a major shift in this policy.  In the last fifteen years, most other major economies and economic institutions (the IMF, the World Bank) have followed suit, although enforcement has been inconsistent.  This seminar will examine the origins and evolution of this effort to regulate firms' relationships with foreign government officials.  The seminar explores the history, economics, and policy behind anti-corruption efforts and the major challenges ahead.  The seminar will engage academic articles that address the economic effects of corruption, the politics of anti-corruption enforcement, the variation in current anti-bribery agreements (the UN Convention Against Corruption and the OECD Anti-Bribery Convention), and influence of these rules on foreign investment and trade.  The seminar is designed to be very participatory, with students leading discussion.  

Students will be evaluated on a series of critique papers, leading a class discussion, and class participation. If students wish to write a paper on a topic related to the course materials, they may request the opportunity to complete an additional one or two credit independent study.  A final paper cannot replace the critique papers.

NOTE: An additional 1-2 credits are available for students who wish to write a longer paper in order to satisfy the JD or JD/LLM Upper-Level Writing Requirement. Students wishing to take this option should enroll in Law 558W Foreign Anti-Bribery Writing Credit. *LAW 558W MUST be added no later than 7th week of class.*

558W

Foreign Anti-Bribery Writing Credit 1
  • JD - general credits
  • JD - upper-level writing (ULWR)
  • LLM-ICL - writing requirement
  • Add on credit

While enrolled in Law 558 Foreign Anti-Bribery Law, students have the option to take 1-2 additional credits in order to satisfy the JD or JD/LLM Writing Requirement. *LAW 558W MUST be added no later than 7th week of class.*

559

Latin American Business Law 1
  • JD - general credits
  • LLM-ICL - general credits
  • International LLM/Exchange/SJD - general credits
  • International LLM, Business Law Certificate
  • Spring 16
  • Spring 17
This course focuses on the regulation of business in Latin America and the most important differences between the Civil Law tradition and the Common Law. The course exposes the students to some of the main issues that may arise in the practice of law dealing with Latin America. Emphasis is placed on the appropriate choice of a business entity by an American investor and in the analysis and comparison of the laws of business associations and securities regulation applicable in Latin America and in the United States. Important cultural, historical and political traits of the region will be highlighted, as they are extremely influential in the transactions of business and international legal relations.

563

Economic Growth and Development in Africa 2
  • JD - general credits
  • LLM-ICL - general credits
  • International LLM/Exchange/SJD - general credits
  • Spring 17
  • Final paper (10+ pages in length)
  • Reflection Papers
  • Practical exercises
  • Class participation

This course explores the legal issues implicated in sub-Saharan Africa’s economic and political development from the perspective of host-country and foreign governments, businesses, and legal practitioners. Sub-Saharan Africa is considered to be the new frontier in the global economy, as many of the world’s fastest growing economies are in sub-Saharan Africa. The economic performance of many sub-Saharan African countries is projected to continue to improve because of the continent’s changing economic, political, and social landscape. Consequently, U.S. businesses are starting to eye opportunities and to invest heavily in sub-Saharan Africa and U.S. policy toward Africa is also shifting from aiding Africa to investing more in Africa. As U.S. businesses, law firms, and even government agencies are showing an increased interest in sub-Saharan Africa, more private law firms have begun to counsel clients that are looking to expand their businesses or invest in Africa on the various opportunities and unique challenges of doing business in Africa.

We will examine key trends that either promote or hinder growth in the region and present challenges to economic, legal, and political development. Students will gain practical experience by, identifying and solving hypothetical legal and business issues confronted by those seeking to do business in Africa.

Students will be assessed on class participation, weekly response papers for the assigned reading, a 20-page paper identifying and analyzing a legal issue related to economic development, and two problem-based workshops.

 

566A

Corporation and International Law: Past, Present, and Future 3
  • JD - upper-level writing (ULWR)
  • JD - upper-level writing (ULWR), option
  • JD - general credits
  • LLM-ICL - general credits
  • LLM-ICL - required courses
  • LLM-ICL - writing requirement
  • International LLM/Exchange/SJD - general credits
  • Fall 17
  • Reflection Papers
  • Final paper (10+ pages in length)
  • Class participation

From politics to popular culture, the corporation has become one of the most critical economic, political, and cultural institutions of the modern era.  It has also been one of the most controversial.  Are corporations people, societies, or even governments? Do they have rights? If so, what are their civic, social, ethical, and political responsibilities? If such questions are vexing within municipal and national contexts, they have been downright confounding for international legal regimes.  Corporations have a global footprint and influence on our conceptions of sovereignty and governance, the functioning of international markets, the nature of interstate relations, wealth distribution, international development, and, at a basic level, the lives of people around the world. Yet modern international law has generally been understood to apply almost exclusively to states and to touch only lightly on corporate institutions, with profound consequences for everything from human rights to the global environment. This course will address these questions and many others, both through our own readings and discussions, as well as frequent guest speakers, panels, and workshops, in conjunction with a year-long Mellon Foundation funded Sawyer Seminar.

A limited number of JD students may be permitted to use their paper to satisfy the JD upper-level writing requirement with prior approval of Professor Brewster.

566B

Corporation and International Law 3
  • JD - upper-level writing (ULWR)
  • JD - general credits
  • LLM-ICL - general credits
  • LLM-ICL - required courses
  • LLM-ICL - writing requirement
  • International LLM/Exchange/SJD - general credits
  • Spring 18
  • Reflection Papers
  • Final paper (10+ pages in length)
  • Class participation

From politics to popular culture, the corporation has become one of the most critical economic, political, and cultural institutions of the modern era.  It has also been one of the most controversial.  Are corporations people, societies, or even governments? Do they have rights? If so, what are their civic, social, ethical, and political responsibilities? If such questions are vexing within municipal and national contexts, they have been downright confounding for international legal regimes.  Corporations have a global footprint and influence on our conceptions of sovereignty and governance, the functioning of international markets, the nature of interstate relations, wealth distribution, international development, and, at a basic level, the lives of people around the world. Yet modern international law has generally been understood to apply almost exclusively to states and to touch only lightly on corporate institutions, with profound consequences for everything from human rights to the global environment. This course will address these questions and many others, both through our own readings and discussions, as well as frequent guest speakers, panels, and workshops, in conjunction with a year-long Mellon Foundation funded Sawyer Seminar.

572

International Forum Shopping: Theory and Practice 2
  • LLM-ICL - required courses
  • Spring 17

This seminar, open to students pursuing a JD-LLM in international and comparative law, analyzes institutional design, regime complexity, and forum shopping in the international legal system.  The seminar explores the theoretical, strategic, and practical issues relating to these topics.  Key concepts are illustrated via a series of recent case studies in international trade, investment, human rights, criminal law, and other area of international law.  Reading for the course will include both theoretical reading and materials specifically related to the four case studies presented.  Readings associated with the case studies may include briefs, legal decisions, newspaper and other accounts of the situation, and possibly guest lectures.

Course grades will be based 60% on response papers (6 papers of 1500 words), and 40% on class participation, including helping to lead discussion of classes for which they write response papers.

Students interested in satisfying either the JD or JD/LLM writing requirements through this seminar may separately enroll in an Independent Study (Law 460) of 1 or 2 credits.  Research papers completed through these Independent Studies will be in addition to, and not in lieu of, the required seminar response papers, and will be graded separately from the seminar work. 

582

National Security Law 3
  • JD - upper-level writing (ULWR)
  • JD - general credits
  • LLM-ICL - general credits
  • International LLM/Exchange/SJD - general credits
  • Public Interest Certificate: General Elective
  • Fall 15
  • Fall 16
  • Fall 17
  • Final research paper (25+ pages in length)
  • Oral presentation
  • Class participation

This course will survey a wide range of current national security law issues and is designed to provide students, particularly those with no background in the topic, with an overview of the American legal architecture for its security enterprise, and to acquaint them with the breadth of its impact on U.S. society. While of obvious interest to those considering government (to include military) and nongovernmental organization service, the course aims to provide a general background and context useful to everyone in the legal profession. The class will also examine related issues that arise "in the news" with special emphasis on the impact of national and international security matters on domestic and global business.

The course begins with an analysis of the Constitutional structure governing national security matters, and the role played by the three branches of government (with special emphasis on Presidential power). The seminar will also relate the domestic effect of international law to the American national security law regime. It will examine governmental authorities to conduct surveillance, as well as the legal parameters of the investigation and prosecution of national security cases in both Article III courts, and by military commission. Further, public access to national security information in civil litigation, and restraints on disclosing and publishing national security information will be addressed. In addition, domestic security issues (to include the domestic use of the armed forces), security-based travel restrictions, the role of the Centers for Disease Control, the military justice system, as well as civil-military relations will be reviewed.

There is no examination for this course, but a 30-page research paper (constituting 65% of the grade) is required on a topic chosen by the student and approved by the instructor. With instructor approval, the course paper may fulfill Upper-Level and possibly other writing requirements. The remainder of the grade (35%) is based on the quality and frequency of class participation. In connection with class participation, each student should expect to be assigned at least one short written or oral assignment to be shared with the class. Students should be aware that this course may include discussion and visual depictions (still and video) of armed conflict and other acts of extreme violence. The textbook for the course is Dycus, et. al. National Security Law (6th ed., 2016) (there may also be a supplement), and additional material will be provided by the instructor electronically. Because this course is presented in classes two-hours in length, it is not necessary to meet twice every week. Consequently, it is anticipated (subject to change) that during the fall of 2017, there will be no classes on the following dates (which include holidays): September 4, 6, 20, 25; October 9, 11 and 16, and November 15 and 22. This course will offered only in the fall.

583

Globalization of the Family 2
  • JD - upper-level writing (ULWR)
  • JD - general credits
  • LLM-ICL - general credits
  • International LLM/Exchange/SJD - general credits
  • Public Interest Certificate: General Elective
  • Spring 16
  • Final research paper (25+ pages in length)
  • Class participation

This course will address a number of issues in which globalization plays a role in family life, such as the definition of marriage and family, property rights, the requirements for divorce, same-sex relationships, marriage tourism, fertility tourism, adoption, and intercountry child custody disputes. In most instances, the seminar will examine a particular topic through the lens of the law of a given culture or country, so that students can focus closely on the substantive issues. In addition, the seminar will explore questions of comparative law and conflict of laws as students consider whether and how one nation should honor the family law of another. Issues of international law, including treaty obligations and human rights laws, will be considered where appropriate.

There are no prerequisites for the course. Students enrolling in this course may not have taken the version of the course taught by Professor Michaels in the Asia-America Institute in Transnational Law during summer of 2012, nor may they take the similar course to be taught by Professor Bradley in the Duke-Geneva Institute in Transnational Law during the summer of 2013.

Students will be required to attend and actively participate in the seminar discussion, lead class discussion for one class meeting, and complete a 30-page research paper. Students may use this research paper to fulfill the upper-level or the LLM writing requirement, and the special writing requirement for JD/LLMs

589

Japanese Law in a Business Context 2
  • JD - general credits
  • JD - upper-level writing (ULWR)
  • International LLM/Exchange/SJD - general credits
  • International LLM, Business Law Certificate
  • Spring 17

An overview of the Japanese legal system with a particular focus on the business and regulatory environment as well as on the differences that a U.S.-trained lawyer must be aware of when handling Japan-related matters. This class will qualify for the Duke LL.M Business Law Certificate.

The class will be conducted as an interactive seminar. Student grades will be based in part on participation and presentation, but with the largest component being based on a 25+ page seminar paper. Several of the latter class sessions will be devoted to student presentations on their paper topics and preliminary findings. However final papers will not need to be submitted until the end of the semester. The seminar paper for this class can be used to satisfy the LL.M. Business Certificate paper requirement.

591

Development Finance 1
  • JD - general credits
  • LLM-LE (1 year) - general credits
  • International LLM/Exchange/SJD - general credits
  • Fall 16
  • Fall 17
  • Reflection Papers
  • Final paper under 10 pages
  • Class participation

The Course will provide a general overview of persisting development challenges in Low and Middle Income Countries, and the shared global responsibility under the Agenda 2030 to address them. It will focus on the roles of and partnerships between various actors of development finance, such as government agencies, multilateral development banks, foundations, non-governmental organizations, and impact investors; and familiarize students with development finance instruments, such as budget aid, grants, loans, and blended finance mechanisms. The Course will also deal with critical views on Aid Effectiveness, and issues of Policy Coherence for Development in developed countries.

Course Requirements: 

  • Two three-page essays: the first to be handed in on or before September 24, 2017; the second to be handed in on or before September 29, 2017 (30% of final grade);
  • One six-page final paper to be handed in before December 10, 2017 (40% of final grade);
  • Participation in class discussions (30% of final grade).

590

Risk Regulation in the US, Europe and Beyond 2
  • JD - upper-level writing (ULWR)
  • JD - general credits
  • LLM-ICL - general credits
  • International LLM/Exchange/SJD - general credits
  • International LLM, Environmental Law Certificate
  • Spring 16
  • Spring 17
  • Spring 18
  • Final research paper (25+ pages in length)
  • Class participation

This seminar pursues an advanced, integrated analysis of the law, science and economics of societies' efforts to assess and manage risks of harm to human health, safety, environment and security. The course will examine the regulation of a wide array of risks, such as those from food, drugs, medical care, automobiles, air travel, drinking water, air pollution, energy, climate change, finance, terrorism, emerging technologies, and extreme catastrophic risks (students may propose to research other risks as well). Across these diverse contexts, the course will explore the components of regulatory analysis: risk assessment, risk management (including the debate over "precaution" versus benefit-cost analysis), risk evaluations by experts vs. the public, and risk-risk tradeoffs.  And it will explore options for institutional design and structure, including the interrelated roles of legislative, executive, and judicial functions; delegation and oversight; fragmentation and integration; and international cooperation.

The course examines these issues through a comparative approach to risk regulation in the United States, Europe, and other countries.  These comparisons address topics including the choice of policy instruments, the selection of which risks to regulate, "precautionary" regulation, "better regulation" initiatives, regulatory impact assessment and regulatory oversight bodies, and others.   It examines the divergence, convergence, and exchange of ideas across regulatory systems; the causes of these patterns; the consequences of regulatory choices; and what regulatory systems can learn from each other.

Students' research papers in this seminar may analyze specific risk regulations; compare regulations, institutions or tools across countries; formulate and advocate original proposals to improve the regulatory state; or other related topics. Enrollment limited to 14.  2 credits.

598

Family Creation: A Non-Judicial Perspective 2
  • JD - general credits
  • JD - upper-level writing (ULWR), add-on credit
  • JD - upper-level writing (ULWR)
  • LLM-ICL - writing requirement, option
  • International LLM/Exchange/SJD - general credits
  • International LLM - writing requirement, option
  • Public Interest Certificate: General Elective
  • Spring 17
  • Reflection Papers
  • In-class exercise
  • Class participation

This course will focus on the role of the legislative and administrative process in intercountry adoption, wherein a child born in one country becomes part of a family in another.  Intercountry adoption raises complex issues of law and policy, including those relating to the definition of family, state sovereignty, immigration and citizenship, human rights, and ethics and transparency.  Not all countries participating in intercountry adoption are subject to international treaties regarding adoption and related issues.  In nations where the treaties are in effect, implementation through the legislative and administrative process has been characterized by conflict and delay.  At the local level, regulation of intercountry adoption through oversight of adoption agencies and adoptive families, has been uneven.

This seminar aims to give students the opportunity to understand the policymaking process by closely examining what has transpired in the field of intercountry adoption in the last 15-20 years, and considering what the future may hold, both within the U.S. and abroad.  Students will be expected to explore and understand the intersection between policy, treaty, and national law, as well as the interrelationship between the legislative and administrative processes.  Because the seminar will examine not only the law within the U.S. but that in other countries, students will be able to explore the differences in culture and policy that exist nation to nation and consider how those differences affect an inherently international issue such as intercountry adoption.

Readings will draw from the United States and international sources and will include existing and proposed legislation, existing and proposed administrative regulations, treaty provisions, court decisions interpreting these sources, academic and journalistic writings, and audiovisual materials.

717

Comparative Constitutional Design 2
  • JD - upper-level writing (ULWR)
  • JD - general credits
  • International LLM/Exchange/SJD - general credits
  • Spring 17
  • Spring 18
  • Final research paper (25+ pages in length)

Recent constitutional reconstructions in various parts of the world have called new attention to the problems of institutional design of political systems. In this course we will examine the design and implementation of national constitutions. In particular, we will address the following questions. What are the basic elements of constitutions? How do these elements differ across time, across region, and across regime type? What is the process by which states draft and implement constitutions? What models, theories, and writings have influenced the framers of constitutions?

In the first half of the course, we will review the historical roots of constitutions and investigate their provisions and formal characteristics. We will also discuss the circumstances surrounding the drafting of several exemplary or noteworthy constitutions, from various regions of the world. We will then examine particular features of institutional design in depth. These will include judicial review, presidentialism vs. parliamentarism, federalism, and the relationship of the national legal system to international law.

722

International Business Law 3
  • JD - general credits
  • LLM-ICL - general credits
  • International LLM/Exchange/SJD - general credits
  • International LLM, Business Law Certificate
  • Spring 16
  • Fall 16
  • Fall 17
  • Final Exam

The goal of this course is to provide students with a broad overview of how international rules shape global commerce. It will serve as a foundation in international law for students who never plan to take another international law course but also serve as a roadmap of the possibilities for international law study (and careers) for students who want to do more with international law. The course begins with private, cross-border contracting, then moves on to public international law agreements as well. We start with conflict of law rules as well as international treaties designed to coordinate contract law (CISG). From there we dive into the world of private international arbitration, including questions of when state should not permit international arbitration. The course will also covers torts claims, particularly under the Alien Torts Claims Act. We will examine the Bhopal litigation before moving on to some of the cases that have been brought against major oil companies by citizens of developing countries. At that point, the course pivots towards more public law issues that govern international transactions. We look at the Foreign Corrupt Practices Act as well as the OCED Anti-bribery Convention. Finally, we turn to the major treaty regimes on economic subjects, including multilateral trade agreements and the network of bilateral investment treaties.

GRADING: Grades are based on an exam.

724

Intellectual Property, Public Domain, and Free Speech 3
  • JD - upper-level writing (ULWR)
  • JD - general credits
  • International LLM/Exchange/SJD - general credits
  • International LLM, Intellectual Property Certificate
  • Final paper (10+ pages in length)
  • Reflection Papers
  • Class participation

This advanced seminar examines current debates concerning intellectual property, the public domain and free speech, focusing in particular on digital copyright. The goal is to look at issues of academic interest but also considerable practical importance surrounding a central question: how is the public interest defined and defended in formulating the balance between intellectual property and the public domain?

The class will begin by exploring tensions between intellectual property law and freedom of expression, as well as challenges posed by new technologies, in both the United States and European Union. The class will then cover case law and legislation in both the US and EU in two contentious areas of information regulation: database protection and digital copyright. The class will conclude with an examination of current cases, legislation, and debates, including the controversies surrounding peer-to-peer file sharing, user generated content, and video sharing sites such as YouTube.

Grades for the seminar will be based on class participation, Sakai postings, and a final paper.

739

Religious Laws 2
  • JD - upper-level writing (ULWR)
  • LLM-ICL - writing requirement
  • International LLM - writing requirement
  • Public Interest Certificate: General Elective
  • Spring 17
  • Spring 18
  • Final research paper (25+ pages in length)

Not all law is state law. Among the most important, and challenging, non-state law we confront today are religious laws. Among those is first and foremost Islamic law, but also Jewish law, as well as the laws of other religions like Buddhism and Hinduism. The seminar will serve as an introduction to these laws and their role in the global legal world. We will learn about the nature and structure of different religious laws. We will discuss to what extent we can call such laws laws, and whether we can compare them to each other and to state law. We will ask to what extent state law is also religious. And we will discuss the role that religious law plays for state law today.

 

738

Financial Law and Regulation: Practitioner's Perspective 2
  • JD - general credits
  • International LLM/Exchange/SJD - general credits
  • Spring 17
  • Spring 18
  • Reflection Papers
  • Class participation

Every aspect of financial law and regulation depends heavily on its daily practice.  The environment changes all the time, and the scope of regulatory discretion, at every level of government (state, federal and international) is so large that successful practitioners must understand the current trends in regulatory thinking and practice.  This course will allow students to dive deep into a different aspect of modern financial regulation every week by bringing in prominent alumni practitioners who are experts in specific areas of the field.

The course will be structured as follows:

  1. Six 4 hour components, focusing on specific aspects of financial practice according to the expertise of the teacher. Lee Reiners will hold an opening 2 hour class session.
  2. Taught by a series of expert practitioners, who will spend two days at the school. Classes will be held on Thursday and Friday.
  3. The course is a seminar based on a compilation of readings provided during the course.
  4. Students will be graded based upon class participation and six, 1,500-word, writing assignments pertaining to each of the six topics discussed by our guest lecturers.

Likely topics to be covered include:

  • Derivatives regulation
  • High frequency trading
  • FDIC resolution and the insurance fund
  • Volcker Rule and Regulation W
  • Bank capital requirements

 

Class will run from Feb 16th to April 6th and will consist of 13 class sessions that are 2 hours long. Seven class sessions will be on a Friday morning from 9-11am and 6 class sessions will be on Thursday afternoon from 4:00pm to 6:00pm.

794

The Law of Slavery and Freedom: The Thirteenth, Fourteenth and Fifteenth Amendments 2
  • JD - upper-level writing (ULWR)
  • JD - upper-level writing (ULWR), add-on credit
  • JD - general credits
  • International LLM/Exchange/SJD - general credits
  • Public Interest Certificate: General Elective
  • Fall 15
  • Spring 17
  • Spring 18
  • Reflection Papers
  • Final paper (10+ pages in length)
  • Oral presentation
  • Class participation

This course will explore the ways in which the institution of slavery interacted with the law in the United States and how the law defined freedom and the practices of freedom.  The first two weeks will focus on slavery and the law.  The rest of the course will focus on the 13th, 14th, and 15th Amendments. For added credit, students may satisfy the writing requirement by enrolling in Law 794W. 

794W

Law in Slavery & Freedom: From the Historical to the Contemporary/ Writing Credit
  • JD - general credits
  • JD - upper-level writing (ULWR)
  • International LLM/Exchange/SJD - general credits
  • Spring 18
  • Final research paper (25+ pages in length)

Students enrolled in Law 794 Law in Slavery & Freedom:  From the Historical to the Contemporary, may earn an additional credit by writing an additional 25+ page paper, due at the end of the semester . *LAW 794W must be added no later than 7th week of class.*