Study

This fall-only seminar is designed to introduce students with limited (or no) familiarity with international law to principles involved in using force during periods of putative peace.  As a jus ad bellum seminar it will explore, for example, what circumstances constitute an “act of war” in various situations, including cyberspace. It will address some jus in bello issues but will not overlap significantly with the LAW 546 International Law of Armed Conflict which is expected to be offered in the Spring of 2025.

The structure of classes may vary, and students may be divided into sections, discussion groups, and panels. The course may include guest speakers (in-person or via Zoom).

This course is a deep dive into the use of force in international law. It will analyze the circumstances under which force can be used in self-defense and survey topics such as humanitarian intervention, hostage rescue, targeted killings, selected maritime law issues, selected neutrality law issues, potential flashpoints associated with air defense identification zones, and freedom of navigation operations.

We will also explore the legal aspects of international counterpiracy and counterterrorism operations. The course will also delve into efforts to limit the use of force in outer space, the implications of nuclear weapons, and the emergence of autonomous weaponry.

Each class will begin with a brief “in the news” section examining selected seminar-related issues of current interest that appear in the media.

There will be no class on Tuesday, November 5th, 2024. Instead, on Sunday, November 3rd, 2024, the class will meet from 3:30 to 6:00 pm at the Law School to view and discuss the film Eye in the Sky, a dramatic representation of a drone strike. Refreshments and snacks will be served.

The course requires a 20-page paper on a topic approved by the instructor.  It will comprise 60% of the grade; the other 40% will be based on class participation (which may also include some written products, e.g., reaction papers).

This seminar is designed to help students gain a comprehensive understanding of the practical aspects associated with the use of force. This includes an overview of weaponry, planning, and military techniques. By the end of the course, students should be equipped with practical knowledge that can be applied in real-world scenarios.

Students do not need to buy any books for this seminar, as all the texts are available online from the law library. The instructor may also provide other readings electronically.

This course obviously addresses the use of force in international law. Accordingly, class instruction will inevitably include written, oral, and visual depictions of physical force and violence—and occasionally extreme representations.

The course will survey the legal issues raised by cyber-related crime. The bulk of the course will be organized around two overarching themes: (1) substantive criminal law (i.e., the scope, structure, and limitations of the criminal laws that reach cyber-related crime); and (2) criminal procedure (i.e., the scope, structure, and limitations of the privacy laws and constitutional principles that regulate law enforcement investigations of cyber-related crime).  Along the way, we will also consider topics that frequently arise in cyber-related investigations and prosecutions, such as:  jurisdictional issues (e.g., federal/state dynamics and international cooperation in collecting evidence); national security considerations (e.g., state-sponsored intrusions and IP theft, terrorists’ use of the internet, government surveillance); and encryption.  We will make regular use of contemporary case studies, including several drawn from my own experience in the national security arena. 

This course critically assesses the field of human rights advocacy, its institutions, strategies, and key actors. It explores how domestic, regional, and global human rights agendas are set using international law frameworks; 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. It addresses the role of human rights in social movements, including in addressing systemic racism, as well as the development of transnational human rights networks. It also considers issues such as how to resolve purported hierarchies and conflicts between internationally-guaranteed rights, efforts to decolonize the practice of human rights, and the ways in which populist and other forces also invoke human rights to further particular agendas. Drawing on case studies within the United States and abroad, it will examine core human rights advocacy tactics, such as fact-finding, litigation, standard-setting, indicators, and reporting, and consider the role of new technologies in human rights advocacy. In examining the global normative framework for human rights, this course focuses on how local, regional, and international struggles draw on, and adapt, the norms and tactics of human rights to achieve their objectives. 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.

This course will address the past, present and future of space law – from its origins five decades ago, to the current era of explosive growth in spacefaring, to potential future human settlements on Mars and other planets. How well does current space law govern this expanding arena, and what kinds of new governance regimes are needed? The Outer Space Treaty (OST) was signed in 1967 when space exploration was just beginning and focused on the Cold War rivalry between the US and USSR. Today, 114 states are parties to the OST (with smaller numbers having signed its related accords on registration, liability, and other topics), and space activities are booming. Missions to the Moon have now been undertaken by the US, Russia, EU, China, India, and Israel, and missions to Mars by the US, EU, China, and the UAE. The US and Japan have each excavated materials from asteroids and brought samples back to Earth. In 2022, the US and EU launched DART, the first ever asteroid deflection test. Thousands of satellites are now orbiting the Earth, with many more to be added soon – for scientific, navigation, weather, military, intelligence, communications and commercial uses – including many operated by private actors such as SpaceX/Starlink and Amazon/Blue Origin. Non-state actors are developing their own terms for space rules. New space law is being developed, such as the Artemis Accords (2020; signed by 29 countries as of 2023), and the US statute on space resource ownership (2015). States and private actors are mulling plans to settle human communities on the Moon and Mars. Is the OST still adequate? What new approaches are needed?

We will investigate what current laws say about these efforts, and what will or should be the legal rules and norms for future missions and settlements off the Earth. Among the challenges for space law today are: reducing dangerous space debris in Earth orbit, and environmental impacts of launches; defining property rights to space resources, and liability for harm, thus motivating investment while avoiding resource depletion and ensuring equitable access; managing international space relations, space-based energy systems, climate engineering, and avoiding war in space; defending against large asteroid collisions and space weather; protecting against harmful contamination of the Earth and of other planets; considering whether to terraform other planets; and charting the legal rules for potential human settlements on the Moon, Mars, or other off-Earth locations (including laws for accidents, crimes, health, environment, marriage, divorce, citizenship, etc.). Envisioning and debating future space law off-Earth may also offer a useful lens for reforming laws on Earth today. And we will discuss who should decide these laws – e.g., each government that sends settlers, or each private company, or an international agreement, or the settlers themselves in their new home.

Students will write short and medium length papers (no exam). Grad/prof students outside the Law School may enroll if ‘space’ allows. No prerequisites.

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  two credit independent study.  A final paper cannot replace the critique papers.

NOTE: An additional 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. These credits will count towards the Independent Study Research Credit Limit (Rule 3-12) *LAW 558W MUST be added no later than 7^thweek of class.*

While enrolled in Law 558 Foreign Anti-Bribery Law, students have the option to take 2 additional credits in order to satisfy the JD or JD/LLM Writing Requirement. These credits will count towards the Independent Study Research Credit Limit (Rule 3-12). This section will meet in-person on schedule to be determined. The instructor will meet online with any student who prefers that. Students will be placed in groups of 2 or 3 students for a writing group. The instructor will meet with each writing group separately. *LAW 558W MUST be added no later than 4th week of class.*

This class explores international environmental law, one of the fastest growing fields of international cooperation. In 1972, there were only a smattering of international environmental treaties. Today, hundreds of agreements have been negotiated, covering such diverse topics as acid rain, depletion of the ozone layer, climate change, protection of biological diversity, desertification, and transboundary movements of hazardous wastes and chemicals.

This course will provide a general introduction to the basic concepts and mechanisms of international environmental law. The overarching question we will examine is: What role can law play in addressing international environmental problems? More specifically, we will ask:

• Why do states cooperate in developing international environmental norms? What factors promote or hinder cooperation?
• What legal mechanisms or approaches facilitate the development of international environmental standards?
• What role do science and expertise play in international environmental cooperation?
• What types of international environmental standards are most effective? How do we evaluate effectiveness?
• What incentives do states have to comply with international environmental standards? What disincentives?

The course will be structured in roughly two parts.  In the first part of the course, we will discuss the background, history, and political economy of international environmental law, as well as some of the main principles of international environmental law.  In the second part of the course, we will examine in detail a number of environmental treaties—from areas such as ozone protection, climate change, marine pollution, fisheries protection, and biodiversity—in an effort to understand how international environmental law works, and doesn’t.  Students will be expected to participate in class discussions and write a 20+ page research paper on a topic of their choice.