- ALTERNATIVE DISPUTE RESOLUTION 2 Credits - Chew
This course provides an overview of the dispute resolution process, including alternative dispute resolution (ADR) processes. In particular, consensual processes such as negotiation andmediation are considered. Cultural and legal issues raised in ADR are also discussed. Interactive exercises, role-plays, and class discussion are emphasized. The course grade is based on a smallgroup ADR project and a final exam. Enrollment is limited to 24 students. - ALTERNATIVE DISPUTE RESOLUTION - PRACTICUM - Chew Recommended but not a required course: ADR
This practicum offers an opportunity to observe and study the use of ADR in the Pittsburgh community. Although the “sites” may differ from year to year, this year’s site are illustrative: (1) students were involved in a Pittsburgh Mediation Center program at the district justice offices dealing with community disputes; (2) students learned about and helped study the Family Division programs dealing with conciliation and mediation on support and custody disputer; and (3) students were involved with the Better Business Bureau in helping to resolve disputes there.
Students are required to spend at least 150 hours at the site, in class meetings, at other training meetings, or engaged in relevant research. Course requirements also may include journal/reports, a research paper of relevance to the site, and a class presentation on your practicum experience. Grades will be based on these requirements and an evaluation by the site supervisor. Enrollment is limited to 12 students. - CHINESE FOR LAWYERS I - 2 Credits - Schwartz
Chinese for Lawyers is a course in Mandarin Chinese in a legal context, offered through the Center for International Legal Education. Chinese for Lawyers acquaints students with grammatical structures necessary for effective communication in Chinese, introduces basic legal and business vocabulary in Chinese and strives to give a sense of the cultural, legal and business environments in China. The course materials are organized as a series of dialogues written in Chinese characters, the Pinyin romanization equivalent and English translation. The materials are tied together as a story of an American lawyer who travels to the People’s Republic of China to negotiate and establish a joint venture on behalf of an American company.No prior instruction in Chinese is required for Chinese for Lawyers I. Grades are determined based on class participation, homework assignments and a final exam. Enrollment is limited to 15 students. - CHINESE FOR LAWYERS II - 2 Credits - Schwartz
Chinese for Lawyers II is a continuation of Chinese for Lawyers I. Students desiring to enroll in Chinese for Lawyers II should have either completed Chinese for Lawyers I or have had a minimum of one semester of prior study. Enrollment is limited to 15 students. - Civil Law Tradition (The) - 3 Credits - Curran
This survey course is designed to introduce students to the civil law legal tradition, as well as to a comparative law approach to understanding law. It also is part of the curriculum for the International and Comparative Law Certificate. We will start the semester by focusing on how to approach foreign law through the comparative law approach. We then will compare the Anglo-American, common-law legal system and culture with its Continental European, civil-law counterparts. We will discuss legal analysis in the civil law tradition, and examine legal institutions primarily in France and Germany, with some attention also to other states. We will examine the role of courts, judges and case law in the civil law legal tradition, the significance of codification in Continental Europe, and consequences of the codified versus the case-law approach. We will look at the civil law tradition both with respect to its criminal and civil law, with a view to understanding both the articulated and unarticulated objectives of the legal system. In addition, we will study the legal system of the European Union, including the European Court of Justice, and the human rights system under the European Convention on Human Rights and as interpreted by the European Court of Human Rights. Grades will be based on a final exam of three hours. - COMMERCIAL TRANSACTIONS - 3 Credits - FlechtnerThis course focuses primarily on Article 2 of the Uniform Commercial Code, but includes a comparison of selected provisions of Article 2 with the Convention on Contracts for the International Sale of Goods. A study of the law governing the sale of goods and financing thereof is covered including the law governing the formation and interpretation of commercial contracts, and available remedies upon breach of contract. Implied and express warranties, risk of loss allocation, and default are discussed. Final examination.
- COMPARATIVE COMMERCIAL LAW - 2 Credits -
Comparative Commercial Law is designed to give students a broad overview of commercial law aspects of the world’s various legal cultures and regimes. The exploration will often begin with the examination of harmonized law with the goal of ultimately discovering the compromises, and the underlying basis for the need for compromise, that went into harmonizing the law. We will then focus discussion on a comparison of rules and principles of different, often unfamiliar, legal cultures. As the course progresses, students are encouraged to examine the socio-economic grounding for a particular rule, principle or custom. - COMPARATIVE CONSTITUTIONAL LAW SEMINAR- 2 Credits - Lobel
This course offers a study of various types of constitutional systems utilized by different countries. We will focus on two broad questions: (1) what do we learn about the basis of U.S. law and the role of law in general by studying the law of other countries; and (2) to what extent do other nations’ legal systems adequately deal with the economic, social and political problems they face. We will cover such topics as judicial review in different societies, the rights of the accused in the criminal law process, the notion of equality and freedom of speech in different societies and alternative models of adjudicating disputes. We will deal not only with the Civil Law countries of Continental Europe, but with various Third World countries in Africa, Latin-America and Asia. - COMPARATIVE CORPORATE GOVERNANCE SEMINAR - 2 Credits - Branson Even before the Enron, WorldCom, Quest, Adelphia, Tyco and other governance debacles here in the United States, corporate governance and comparative corporate governance had become important subjects for corporate law scholars and practitioners. This seminar will outline the United States model of corporate governance for illustrative purposes. We will then examine the governance model in 7-8 important national economies in Asia and Europe, including the United Kingdom, France, Germany and Italy in Europe, and India, China, Hong Kong and Singapore, among others, in Asia. A substantial paper will be required. Enrollment is limited to 12 students. (Note: Sometimes this course is taught as a lecture course with an exam, rather than as a seminar.)
- COMPARATIVE FOUNDATIONS OF LAW AND JUSTICE SEMINAR - 2 Credits - Curran
This course is open to 12 students, and fulfills the writing requirement. We will explore different visions and conceptions of justice and the role of law in democratic societies, and in societies at moments of political crisis. We will focus on developing a comparative approach to issues of law and justice by comparing U.S. practices, procedure and judicial history with their counterparts in France and Germany. In order to gain an appreciation for the origins of modern legal concepts, we will study various definitions of law and justice, including those of Hobbes, Rousseau, Berlin, Hampshire and Hart. A part of the focus of the course will be the modern debate between positivism and natural law, as well as the formative influences on law of Romanticism and the Enlightenment. Paper and class presentation. - COMPARATIVE LAW - 3 Credits -This course will introduce students to the wide variety of legal cultures and traditions present not only in the United States and Europe, but in other regions as well, including the Middle East, the Indian Subcontinent, and East Asia. It will better enable the students to be active participants in an increasingly globalized economy and to become more aware of the world’s legal traditions. The following topics will be discussed: civil law, common law, the concepts of legal culture and tradition, comparative law and method, Islamic and other religious law, Chinese law, the impact of colonialism, legal pluralism, laws in transition from a socialist to a market economy, and the impact of globalization on the law.
- COMPARATIVE LAW OF NEW DEMOCRACIES - 3 Credits - Baylis
Ethnic conflict, religious divisions, HIV epidemics, civil wars: the newly democratic and transitioning states of Europe, Africa and Asia face enormous political and social challenges. This course will explore their efforts to use the law to meet those challenges. We will draw from many political and legal traditions, some foreign, some familiar. We will begin by considering new democracies’ efforts to establish the building blocks of democracy and rule of law: transitional justice, elections, constitutions, judicial review, and a system of courts. Then we will turn to legal rights and social issues: property, AIDS, and the roles of women and of ethnic minorities. How much has been accomplished with the wave of new constitutions in these states? What can be done to foster an active and independent judiciary? How can transitioning states promote democracy and development while still protecting indigenous cultures and traditions? This class will be based on active in-class group exercises and discussion. Enrollment is limited to 20 J.D. students, with a few additional spaces reserved for L.L.M. and non-law graduate students. Take home examination. - COMPARATIVE LEGAL CULTURES SEMINAR - 2 Credits - Curran
The focus of this seminar will be on the historical, political and cultural traditions from which the civil and common law systems emerged. We will also examine questions about comparative law as a methodology and/or academic discipline, and consider problems of interpretation. We will concentrate on the legal cultures and systems of France and Germany for our study of civil law, and of England and the United States for our study of common law. If time permits, we will also discuss the emerging legal systems of the European Union and the new Russian Federation. Our examination of various legal cultures will have as one of its goals a consideration of the ways in which the modern era may be experiencing a convergence of the civil and common law systems, or whether those legal cultures diverge in ways too fundamental to allow for effective convergence, as well as the implications, both functional and theoretical, of our conclusions. Grades will be determined on the basis of a seminar paper and class presentation. Grading will be based on letter grades, and not honors/pass/fail. Enrollment is limited to 12 students. - COMPARATIVE MINORITY GROUP PROTECTIONS SEMINAR - 2 Credits - Baylis This seminar will examine legal protections for minority groups from a comparative and international perspective. The class will focus primarily on non-U.S. systems, using U.S. law only as one of many points of comparison. Each week's class will center on an issue such as identity, discrimination, or language. We will consider the development of international treaties and other regimes to protect minority groups, as well as the approaches of individual states, such as constitutional rights, self-determination and local self-government, and alternative accommodations. Finally, we will weigh the challenges facing severely divided societies and their sometimes radical legal remedies to these challenges. Grading will be based on a paper and class participation.
- CONFLICT OF LAWS - 3 Credits - Wasserman
This course will examine the choice-of-law theories that courts use to determine the rule of decision to be applied in cases in which the parties, conduct or transactions involved have connections with more than one state. The course will then consider federal constitutional limitations on these choice-of-law approaches, and the extent to which federal courts are required to apply state choice-of-law rules. The course will then examine the extent to which judgments rendered by a court in one state must be recognized and enforced by courts in other states, and by federal courts. The final grade will be based on a 48-hour take-home examination to be completed during the first five days of the exam period. Enrollment is limited to 120 students. - CONFLICT RESOLUTION IN A DIVERSE SOCIETY SEMINAR - 2 Credits - Chew This seminar questions the presumption that there is universal agreement about fundamental concepts relating to dispute resolution. It explores instead the proposition that individuals of different genders, races, ethnicities, and countries, for instance, might answer differently the following questions: what is conflict, what are effective and valued problem-solving techniques and approaches, and what are desirable goals in the dispute resolution process? This seminar requires students to engage in interdisciplinary research for their seminar papers and for class discussions. Enrollment is limited to 12 students.
- CRIMES AGAINST HUMANITY - 2 Credits - Baylis
Yugoslavia, Rwanda, Sudan: 60 years after the Nuremberg Tribunal, the international community is still struggling to find ways to prevent, judge, and punish genocide and crimes against humanity. We will study the evolution of individual and state legal responsibility for genocide and crimes against humanity and evaluate the effectiveness of legal responses to these crimes, such as the International Criminal Court, ad hoc international tribunals, truth commissions, and domestic trials. The class is organized as a series of case studies and will be based on active in-class group exercises and discussion. Enrollment is limited to 25 J.D. students, with a few additional spaces reserved for L.L.M. and non-law graduate students. Take home examination. - .
- EUROPEAN UNION LAW - 2 Credits (visitng professor)This introduction should provide the student with a basic understanding of the European Union (EU) and the European Community (EC) law: A short historical overview since the founding of the three Communities in the Fifties up to the Treaties of Maastricht, Amsterdam, and Nice in the Nineties and beyond. The EC: What is it all about? - Customs union, common market, internal market, Economic and monetary union. The institutions of the EC: European Parliament, Council, Commission, Court of Justice. Decision-making under the EC-Treaty: Normative (legislative) rules, and administrative decisions; different procedures. Dispute-Resolution by the Court of Justice (including the Court of First Instance). - Various examples of regulations, directives, and decisions, as well as judgments, orders, and legal opinions. Evaluation will be by final examination.
- FOREIGN AFFAIRS AND THE CONSTITUTION - 2 Credits - Lobel
This course will look at the role the Constitution plays in conduct of United States foreign policy. We will discuss presidential vs. congressional war powers; the respective role of the Senate, the President, and the Judiciary in making, interpreting, and terminating treaties; the role of the judiciary in deciding cases involving foreign affairs; and individual rights and foreign affairs. The course will also address the concrete problems of litigating foreign affairs issues in U.S. courts. Take home examination. - FRENCH FOR LAWYERS I - 2 Credits - Desandre PREREQUISITES: AT LEAST 3 YEARS OF HIGH SCHOOL FRENCH This is a course designed to develop the conversational, writing and reading skills in French to permit an American lawyer to communicate effectively with French-speaking clients, and to understand references to the French legal system and to the European Union likely to arise in the course of an international law practice in the United States or an American law practice conducted in France. The course will differ from that of a typical college French class in that it will be oriented towards the law in the areas of vocabulary, composition topics, readings, dictations and in-class conversation. A final examination is given. Enrollment is limited to 15 students.
- FRENCH FOR LAWYERS II - 2 Credits - Desandre
PREREQUISITES: AT LEAST ONE SEMESTER OF FRENCH OR FRENCH FOR LAWYERS I
This is a continuation of French for Lawyers I. Enrollment is limited to 15 students. Final examination. - GERMAN FOR LAWYERS I - 2 Credits- Ducruet
This is an introductory German language course in a legal context. The course is designed to introduce students to the conversational, reading and writing skills needed to communicate with German speaking legal professionals and to understand German legal materials. Vocabulary, conversation, readings and written work will be law-related. Evaluation will be through class participation and written exercises. There is no final examination. Enrollment is limited to 15 students. - GERMAN FOR LAWYERS II - 2 Credits - Ducruet
This is a continuation of German for Lawyers I. Students who wish to enroll in this course should have completed German for Lawyers I, have a minimum of one semester of prior study or secure permission of the instructor. As in German for Lawyers I, evaluation will be through class participation and written exercises. There is no final examination. Enrollment is limited to 15 students. - HUMAN RIGHTS: PROSECUTING CRIMES AGAINST HUMANITY IN NATIONAL COURTS- THE PINOCHET PRECEDENT - 2 Credits - Lobel Prerequisite: International Law
Using the Pinochet case as an example, this course will investigate the theoretical and practical problems involved in prosecuting crimes against humanity in the national courts. Themese to be addressed include: (1) the tension between national sovereignty - as reflected in legal doctrines such as act of state, sovereign immunity and head of state immunity - and the competing principle of universal jurisdiction for torture and crimes against humanity; (2) criticism that the Pinochet precedent will be employed selectively and by powerful nations against the leaders of weaker nations; (3) the relationship of such prosecutions to the International Criminal court and ad hoc international tribunals; (4) the impact upon non-prosecutorial mechanisms such as truth commissions, and the deference to be accorded by the international community to a country’s resolution of the tension between “reconciliation” and “justice”; and (5) the legal issues and mechanisms involved in such transnational prosecutions. Requirements: Students will research situations in which gross violations of human rights have been committed: who, if anyone, could be indicted; the potential countries where prosecutions could be brought; and mechanisms for initialing trials; and the likely defenses. Based on that research they will draft indictment or complaints and brief the relevant legal issues on behalf of the prosecution and defense. Grades will be based on written work, oral presentations, and class participation. 15 students maximum. - IMMIGRATION LAW - 2 Credits - Lebowitz
This administrative law course will examine the constitutional, statutory and regulatory system associated with the admission and exclusion of foreign nationals into and from the United States. While not a prerequisite, completion of Administrative Law is an advantage in the course’s procedural aspects. Taught from the practitioner’s perspective, the course will address the particular challenges in the effective representation of non-citizen clients. The course will include business, employment and investment visa categories (both temporary and permanent), asylum law and procedures as well as exclusion and deportation litigation. This course will meet once a week in a two-hour block. The grade will be based on a final examination with effective class participation as a positive factor. Enrollment limited to 30 students. - INTERNATIONAL AND FOREIGN LEGAL RESEARCH - 1 Credit - Tashbook
Finding the law of foreign places, knowing the resources produced by international entities, and searching within the variety of documents that govern our world can qualify you for some of the best jobs in the legal market and make you fascinating to talk with at parties. In this one-credit course you will acquire those skills while completing a series of short research projects and compiling your own vade mecum for future reference. - INTERNATIONAL BUSINESS TRANSACTIONS - 3 Credits - Brand
This course analyzes basic international business transactions and the effects of U.S. law, specific foreign law, and treaties on the conduct of the parties involved. The course covers issues of commercial law, dispute resolution, tax considerations, and antitrust law. Although a basic understanding of each of the areas of the law in the domestic context is helpful, there are no course prerequisites. Students are expected to develop an understanding of the U.S. laws applicable to private international transactions and an awareness of the risks inherent in doing business in or with other countries and their nationals. In class examination. - INTERNATIONAL DISPUTE RESOLUTION PROCESSES - 2 Credits
This course explores the dispute resolution methods and their application both internationally and in the United States with the emphasis being on the arbitration process. The course focuses not only on the theory and law of mediation and arbitration, but on its practical application. In addition to the traditional approach of reading cases, the course methodology explores all aspects of mediation and arbitration, including the decision to use ADR and the drafting of dispute resolution clauses. Attitudes of consumers, business entities and the legal profession, especially the interaction between the court systems and the treatment of arbitration are considered in depth. Students engage in advocacy skills in the representation of clients in classroom simulations. This upper level elective is limited to 30 students. The approach is an interactive dialogue with role playing and exercises requiring student participation. The final grade will be based upon a research paper. There will be no final exam. - INTERNATIONAL ENVIRONMENTAL LAW - 2 Credits
The course will review the basic concepts and sources of International Law as they apply to environmental law. Specific areas of focus will include the 1992 United Nations Conference on Environment and Development and the Rio Declaration on Environment and Development, the Montreal Protocol on Substances that Deplete the Ozone Layer, the Kyoto Protocol on Climate Change, the United Nations Convention on the Law of the Sea and the Basel Convention on Waste. The course will also review different law making and law applying institutions such as the United Nations, the European Union, the International Court of Justice and the like.The grade for the course will be based on class attendance and participation and a 15 to 25 page paper on a mutually agreed upon topic. The paper will not satisfy the school’s upper level writing requirement. - INTERNATIONAL HUMAN RIGHTS LAW - 3 Credits - Rist
Co-requisite: International Law. This course will examine the history of the development of international human rights laws, the concepts behind the current status of those laws, and the mechanics present for enforcing those laws in international, regional, and domestic legal systems. The course will include a discussion of the theories behind international human rights law, the different hierarchies of human rights and the differing approaches to applying those hierarchies, and the ability (or lack thereof) to enforce international human rights standards. Students are required to either have already taken International Law or to take it in conjunction with International Human Rights Law. Grades will be based on class participation and a take home exam. Enrollment is open to all students. - INTERNATIONAL INTELLECTUAL PROPERTY - 2 Credits - Mueller
A study of the major conventions governing the protection of intellectual property internationally and of current policy issues in the field. Final examination. - INTERNATIONAL INTELLECTUAL PROPERTY AND LICENSING SEMINAR - 2 CreditsPREREQUISITES: INTELLECTUAL PROPERTY
RECOMMENDED: INTERNATIONAL LAW OR INTERNATIONAL BUSINESS TRANSACTIONS
Through the spread of “globalization,” many practice areas of business law – even those relating to small and mid sized corporate clients – have become international. For technology, music, and publishing companies in particular, the enforceability of intellectual property rights overseas has a major impact on growth and success. This course examines the primary differences between US intellectual property law and the intellectual property laws of other nations. Using a comparative approach, the course elucidates the principles that undergird the various systems and the way these differing principles affect perceptions of the value of the objects of intellectual property protection. The first half of the class will focus on the laws and treaties establishing international intellectual property rights, while the second half will focus on cross-border licensing of intellectual property. This course will be graded on the basis of a research paper that can qualify for legal research and writing credit. - INTERNATIONAL LAW - 3 Credits - Lobel
The course deals with the law governing relationships between different nations, including the activities of various international organizations. One focus will be on the core subjects of international law, including the sources of international norms, the interpretation of treaties, the role of United States Courts in deciding issues involving a foreign states, the law regulating international use of force and international human rights. The course will focus on several specific problems such as the use of force between nations, nationalization of U.S. industry by foreign governments, human rights and terrorism in order to gain an appreciation of how the international legal process works in practice. Take home examination. - INTERNATIONAL SALES SEMINAR - 2 Credits - Flechtner
The seminar will consider the “international” law applicable to cross-border sales transactions involving a U.S. party. We will focus primarily on the United Nations Convention on Contracts for the International Sale of Goods (“CISG”), supplemented by study of the Principles of International Commercial Contracts of the International Institute for the Unification of Private Law (UNIDROIT), as well as other international documents relevant to transnational sales. The course emphasizes approaching these texts from an international perspective, particularly by employing new research resources that have developed in the area of international commercial law.
Enrollment is limited to 12 students. No background beyond familiarity with general contract law is required, although the course on Commercial Transactions in Goods and/or the course on International Business Transactions would be useful preparation. Evaluation of student performance in the seminar will be based on a combination of the seminar paper that each student is required to write, an in-class presentation (also required of each student), and general class participation. Papers written for this course can be used to satisfy the upper level writing requirement. - INTERNATIONAL TAX - 2 Credits - Infanti
COREQUISITE: FEDERAL INCOME TAX
This course will serve as an introduction to the U.S. federal tax aspects of the cross-border flow of capital and labor. At the most basic level, we will explore the distinction, both for income and for estate and gift tax purposes, between a U.S. and a foreign person. We will then compare and contrast the manner in which U.S. and foreign persons (including tax expatriates) are subject to income tax. Additional topics that may be covered include the special tax regimes applicable to investments made by U.S. persons in foreign corporations (i.e., the controlled foreign corporation, foreign personal holding company, and passive foreign investment company regimes), the foreign tax credit rules, and selected “cutting-edge” issues in the international tax area. Throughout the course of the semester we will consider the potential impact of tax treaties on the rules in the Internal Revenue Code. The grade for the course will be based on a series of drafting projects. Federal Income Tax is a corequisite for this course. This requirement can be satisfied either by taking Federal Income Tax before or while you take International Tax. Enrollment is limited to 12 students. - INTERNATIONAL TRADE SEMINAR - 2 Credits - Brand
The course will focus on the ability of governments to encourage and restrict international trade by their nationals, with primary emphasis upon international agreements restricting the extent to which certain trade barriers may be imposed (primarily the General Agreement on Tarrifs and Trade [GATT]). United States international economic policy will be considered with emphasis on its interrelationship with the GATT and the World Trade Organization. The course will cover both the ability of governments to control international trade and the framework within which private commercial organizations must carry on international trade. A principal focus will be on the process of dispute resolution in international trade and the rights of private parties to participate in that process. The grade will be based upon a paper, a class presentation and general class participation. Enrollment limited to 12. The paper may be used to satisfy the upper-level legal writing requirement. - INTERNATIONALIZATION OF LAW - 2 Credits - Curran
We will explore the meaning of globalization for law. Using the work of Anne-Marie Slaughter, Niklas Luhmann, Gunther Teubner, Mireille Delmas-Marty and myself (and others if time permits), we will examine the effects of the realignments in nation-states that a transnationalized or globalized world has created. In particular, do new self-regulating, functionalist spheres of ever-increasing importance in our internationalized world mean increased efficiency and no need for additional legal governance than nation states continue to exert? Alternatively, were the "federalist" international law scholars of the early 20th century right that law needs to be internationalized, especially now that traditional national legal institutions no longer can regulate increasing numbers of transnational issues with which they are not equipped to deal? Are the new alignments as uniform as they tend to be described, or are they fragmented by internal misunderstandings? We also will consider the effect of the internationalization or transnationalization of law on those who find themselves excluded, those whom Zygmunt Bauman has called the outcasts of modernity. Grade is based on a Paper and a class presentation. - INTRODUCTION TO RUSSIAN, UKRAINIAN AND UZBEK LEGAL SYSTEMS - 2 Credits - Stepanova-SipperThis course is designed to introduce students to the legal systems of the Russian Federation, Ukraine and Uzbekistan. The foundation of the legal systems of these countries is almost identical, and by comparing one country’s system to another, students will become more familiar with civil law systems. Special attention will be given to constitutions, court systems, the role of judges, state prosecutors, courtroom advocates and lawyers, as well as to the important commercial laws and treaties. I will use examples from my professional experience to give my students a realistic view of the legal systems of these countries. The class is intended to enhance student awareness of the legal environment and issues that often result from a decision to engage in relations or do business across national boundaries. Students must be prepared to actively discuss the assigned reading or other material in class each week. Grades will be based on final open-book exam.
- JAPANESE FOR LAWYERS I - 2 Credits - Morimoto
These courses will offer a basic introduction to the Japanese language in a legal context, and will be offered every other year. The courses will be comparable to elementary language courses in that the basic grammatical structures will be presented, but will differ from languages typically taught in foreign-language departments in that the vocabulary will be selected for its legal orientation. As with all of our Foreign Language for Lawyers courses, Japanese for Lawyers will aim to convey aspects of the target country’s legal culture through the study of its legal language. Without being a course in comparative law, it will seek to introduce students to a legal culture significantly different from United States’ legal culture.
No prior study of Japanese is required for Japanese for Lawyers I. Either Japanese for Lawyers I or other prior study of Japanese, approved by the Instructor, is a prerequisite for enrollment in Japanese for Lawyers II.
Enrollment is limited to 15 students. Grade will be based on in-class exam and class participation. - JAPANESE FOR LAWYERS II - 2 Credits - Morimoto PREREQUISITES: EITHER JAPANESE FOR LAWYERS I OR OTHER PRIOR STUDY OF JAPANESE, APPROVED BY THE INSTRUCTOR
This is a continuation of Japanese for Lawyers I. Enrollment is limited to 15 students. Grade will be based on in-class exam and class participation. - LAW AND LEGAL PROCESS IN LATIN AMERICA - 2 Credits
The purpose of this course is to provide an introduction to the legal tradition and legal systems of Latin America. The course begins with a consideration of the historical and formal sources of the Civil Law and the reception of the Civil Law tradition in Latin America. Thereafter, particular attention is paid to selected aspects of the legal process, constitutionalism, and other areas of law in various Latin American republics. The grade will be determined by a final, in-class examination. - RELIGIOUS BELIEFS & LEGAL FRAMEWORKS SEMINAR - 2 Credits - Baylis
This seminar will explore two aspects of the relationship between religion and law: (1) Familiar questions of church and state: to what extent should the state regulate or otherwise involve itself with religion? (2) How do religious and legal approaches converge and diverge in addressing important moral, social, and political issues, such as equality, questions of life and death, and the war on terrorism? This seminar will not be solely about constitutional law, although we will of course discuss constitutional law issues. The seminar will focus primarily on U.S. law, although we may look at foreign and international law from time to time for comparative purposes. Grade based on seminar paper and class participation. - .
- SEMINAR ON LEGAL ISSUES of INTERNATIONAL PHILANTHROPY- 2 Credits Lieber
This course will focus on the effect of domestic and foreign laws on cross border charitable giving. Students will analyze the barriers that impede effective philanthropy and explore ways in which transnational charitable giving might be incentivized. Topics will include domestic restrictions of foreign grant making, i.e. timing and extent of deductions, use of foreign subsidiaries and affiliates to benefit foreign charitable causes, “friends of” organizations, prohibitions against earmarking and rules regarding charitable solicitation abroad and on-line, as well the emerging area of public-private sector partnerships within the US and abroad. The course will be limited to twelve students. There will be no prerequisite requirement. The course will run fourteen weeks, with the first seven weeks committed to assigned readings/discussion and the last seven weeks reserved for student presentations. Grades are based on a paper (60%), a class presentation (25%) and general class participation (15%). - SPANISH FOR LAWYERS I - 2 Credits - Bozzo
This is a Spanish language course in a legal context, designed to acquaint students with the rudiments of the Spanish language and with Spanish legal vocabulary sufficient to permit an American attorney to communicate effectively with Spanish-speaking clients. Vocabulary, readings, class discussions and written work will be in a legal context. Grades will be determined on the basis of class participation and a final exam. No prior study of Spanish is required. Enrollment is limited to 15 students. - .
- SPANISH FOR LAWYERS II - 2 Credits - Bozzo
This course is a continuation of Spanish for Lawyers I. Students either should have completed Spanish for Lawyers I or have had a minimum of one semester of prior study. Enrollment is limited to 15 students. - .
- TERRORISM AND THE LAW - 2 Credits - Rist
This class will examin terrorism legislation in the domestic, regional, and international arenas. Grades will be based on class participation, an in-class presentation, and a choice of either a take-home exam or a paper. - TRANSNATIONAL LITIGATION - 2 Credits - Brand
This course will deal with the complexities added to the normal processes of civil litigation when one of the parties is outside of the United States. Once somewhat unusual, these problems rapidly are becoming part of the “standard fare” for litigators. This is especially true for those handling product liability, contract and other commercial cases.Students will have the opportunity to review such concepts as personal and subject matter jurisdiction, service of process, discovery, and the form and enforcement of judgments and to consider the application of those concepts in this new context. Portions of the course will be conducted on the basis of analysis of assigned problems, with each student being designated to lead or co-lead the discussion of at least one specific problem. Where relevant, this may involve the preparation of necessary documents. Each student will create a check list of transnational litigation issues. Grades will be based upon: (1) each student’s problem presentation; (2) general participation in class discussion; (3) the litigation check list; and (4) a paper to be submitted at the end of the semester on a specific topic covered in the course of the semester. |
