Commercial Law

This course will survey the uses of different payment mechanisms (negotiable and non-negotiable instructments, credit cards and electronic funds transfer and wire transfer systems) in both credit and cash transactions. The course will consider allocation of risks for fraud, countermands, defenses on the underlying contract, mistake, timeliness and unauthorized payments. In each case the allocation of risks in connection with different payment mechanisms will be considered, along with whether these allocations should be the same or different for each mechanism. The course will focus on Articles 3 and 4 of the Uniform Commercial Code and, as time permits, consider letters of credit under U.C.C. Article 5 and the International Chamber of Commerce Uniform Customs and Practice. Special emphasis will be given to techniques of statutory analysis, commercial counseling and a rethinking of present rules, especially in the light of the revision of Articles 3 and 4. The impact of federal legislation on the state payments law (U.C.C. Articles 3, 4, and 4A) may also be treated. (3 cr.) Close Window

This course deals with commercial and consumer sales transactions governed by Article 2 of the Uniform Commercial Code. Coverage includes: contract formation and readjustment; general obligations of the buyer and seller; contract performance; risk of loss; warranties; breach, repudiation and excuse; remedies; and federal legislation affecting these issues. (3 cr.) Close Window

A study of Article 9 of the Uniform Commerical Code governing security interests in personal property and fixtures. (3 cr.) Close Window

Bankruptcy Survey This course will examine the federal Bankruptcy Code. Issues to be discussed include property of the estate, the automatic stay, claims, preferences, exemptions, priorities, and discharges. We will review these issues as they arise in liquidations under Chapter 7, corporate reorganizations under Chapter 11, and wage earner adjustments under Chapter 13. Students enrolling in this course can not also register for nor have taken Law 421 Business Bankruptcy, Law 406 Consumer Bankruptcy. (2 cr.) Close Window

The European Union (EU) is different in many ways from a Federation, although the exercise of power in the Union has some federal traits and one can draw some useful comparisons. "European Union Law", in any case, is a heading that today refers to as many topics as "US Law" would. Therefore, it is impossible to study with some depth in one single course all relevant and substantive aspects of European Union Law. In this introductory course we will study the basic Law of European Union (institutions, law-making procedures, legal remedies, role of the European Court, relationship between EC law and national law, all of this taking into account the recently passed Constitution). This will provide you with analytical tools to feel comfortable when you have to work in any area of substantive EC law. The method of instruction will be the typical interactive approach used in American law schools, although at times I will introduce or summarize a topic with a lecture. We will be using a set of teaching materials that you should obtain before the course starts. These materials are included in the book "Foster on EU Law", by Nigel Foster. Class attendance is mandatory. Participation will be counted as an important part of the grade (50%). The exam will be a two hour exam with two or three questions based on cases pending before the European Court or important current issues in the legal and political development of the EU. (1 cr.) Close Window

This seminar will study the foundations of the common law, with a special emphasis on the law of torts and the law of contracts. We will examine both the historical foundations of the common law (How did we get this law?) and its normative foundations (Is this law justified?). Readings for the class will include a mixture of cases, historical materials, and classic and contemporary articles on tort and contract law. We will examine normative arguments based on both economics and moral philosophy. Each student will produce a final paper, and the grade will be based on the paper and class participation. At some point during the semester, refreshments will be served. (2 cr.) Close Window

This course will examine the processes by which the federal government awards and administers contracts ranging from acquisitions of multi-billion dollar weapon systems and large public works contracts, to routine purchases of office equipment and supplies. Discussions will focus on how federal contracting differs from contracting under state law, and address special topics unique to government contracting, such as procurement ethics, socioeconomic considerations, bid protests, changes, contract disputes and litigation, fiscal law requirements, and terminations. (3 cr.) Close Window

This covers the regulation of international trade at the international level by organizations such as the World Trade Organization, at the regional level by such arrangements as the North American Free Trade Agreement, and at the national level by the U.S. and its principal trading partners through various U.S. trading institutions. Topics include the constitutional allocation of authority over international trade in the U.S., customs law, non- tariff barriers, import relief measures and other trade remedies, government procurement, trade in services, regional economic integrations, and the need to examine trade issues in relation to the new trade agenda, namely labor and environmental issues and the protection of intellectual property rights. (3 cr.) Close Window

This course analyzes the international law, United States law, and selected foreign law issues regarding doing business abroad. The course is conceptually organized into three primary areas: international sales, international licensing of intellectual property, and foreign direct investment. We will examine particular sub-issues related to and arising out of these three primary areas of focus. The course is taught with a particular emphasis on planning and structuring an international business transaction, using actual contracts for purposes of illustration. The course emphasizes a transactional (not litigation) approach to the practice of law, that is, advising clients, planning and structuring a transaction, drafting contracts. Because this is an internationally oriented class, transactions studied will be those that involve issues that cross national boundaries (ie buyer and seller, licensor and licensee are in different countries). Students who have taken IBT in the Madrid Summer Program are not prohibited from taking this course. (3 cr.) Close Window

A study of the product-related injuries to person and property. The major concentration will be on liability for injuries caused by defective and dangerous products, with additional consideration of product safey legislation. (3 cr.) Close Window