International Law

This course provides an introduction to the legal rules and institutions that comprise international legal order. We will examine the sources of international law (e.g., treaties, custom, and soft law); the relationship between international law and domestic law in the United States; and international rules governing human rights, war crimes, refugees, territorial sovereignty, the environment, the law of the sea, and the use of force. Over the course of the semester, we will discuss how international law applies to a variety of current controversies, including U.S. drone strikes in the Middle East, Russian intervention in Ukraine, the North Korean nuclear program, the Paris Climate Agreement, the South China Sea dispute, and the Syrian refugee crisis. Close Window

This course will survey a variety of laws that U.S. companies contend with when doing business overseas. Areas may include corporate law and securities regulation, commercial sales, employment discrimination, human rights, anti-corruption, intellectual property, dispute resolution, and various dimensions of international trade law. It will have both a doctrinal and a practical component. The course will be graded on the basis of in-class participation and a final examination. Close Window

A comprehensive survey of contemporary maritime law. Topics to be addressed include admiralty jurisdiction and procedure, the creation and enforcement of maritime liens, limitation of liability, maritime contracts, ship mortgage law, marine insurance contracts and principles, bills of lading, general average, and other maritime cargo issues, pilotage, towing, salvage, the law of seaman's injury and death, mariner's licensure, dealing with the modern piracy challenge, and an introduction to maritime environmental law. The course will have a practical focus, emphasizing legal concepts and practice tips of particular use to counsel representing ship owners, operators, seamen, marine insurance carriers, cargo interests, and others on a day-to-day basis. Close Window

Legal Principles in Protecting the Past. This course will introduce students to the concept of cultural heritage and examine the laws and ethics involved with the protection of cultural property. Through discussions of public policy, domestic and international law, and international conventions, students will learn basic principles governing the movement and ownership of cultural heritage, particularly as related to the restitution and repatriation of stolen art. We will explore the effects of war, colonialism, and modern development on cultural heritage through case studies on looted antiquities, Nazi-plundered art, and tribal repatriation. In addition to case law and relevant legal treatises, students will review case filings to develop an understanding of how advocacy works in an emerging area of law. Students will write a graded final paper in lieu of a final examination. Close Window

This course will compare the ways countries and cultures approach and embed constitutional issues. Transnational constitutional norms and themes will be analyzed. Readings discussions and presentations will focus on issues such as roles and functions of constitutions, economic and social protections, forms of government and balances of power, and constitutional protection of human rights. Constitutional processes in the modern era, including in post-conflict environments, will be examined. Close Window

This course introduces and compares sources of law, underlying values and goals, and applications of the major legal traditions of the world, including civil law, common law, Islamic law, Talmudic law, customary law, and Asian legal systems as they originally developed and as they are evolving and changing in the world today. Close Window

How the courts of a state address the fact that other states and nations, with their own laws, exist. The primary focus is choice of law--which state's or nation's law should apply to a case with multi-jurisdictional elements. Also covered will be the constitutional restrictions on choice of law and state court recognition of sister state judgments. Other possible topics are: the extraterritorial application of federal (including constitutional) law, state and federal court recognition of the judgments of foreign nations, and conflicts between federal and state law, including the Erie doctrine. Close Window

A survey of all of the major elements of the trial of a criminal case including search and seizure, interrogation, identification procedures, the right to counsel, arrest and prosecution, preliminary hearings, grand juries, jury selection, trial procedure and sentencing. The course will address all of the major issues covered by Criminal Procedure I and II but will do so in less depth. Students who take Criminal Procedure Survey may not take either Criminal Procedure I (Law 401) or Criminal Procedure II (Law 402) for credit. Close Window

This course will examine federal immigration law and policy. Topics include citizenship, admissions, deportation, an introduction to refugee law, and the role of the courts in reviewing the actions of executive officials. We will examine the history of immigration to the United States, the constitutional rights of non-citizens, the federal agencies that administer the immigration and citizenship laws, undocumented immigration, and the balance between national security and openness to non-citizens. Close Window

The course focuses on bilateral, regional and international agreements and principles governing ocean pollution, air pollution, hazardous and nuclear waste, deforestation, and other environmental problems with a global impact. This course will also address population control and food shortages under international law, especially in developing countries, and how these problems relate to international peace and security. The basic courses, Law 409 Public International Law and Law 424 Environmental Law, are not prerequisites, but are recommended. The course grade will be based on class participation and a paper. 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. Close Window

The National Security Law course will focus on the prosecution of national security offenses (e.g., terrorism, espionage and piracy) and the unique issues that arise during the litigation of such cases. In addition to examining the substantive statutes for the offenses, the course will address jurisdictional and venue provisions and the acquisition of evidence both domestically and overseas for these prosecutions. In doing so, the application of Miranda, the Confrontation Clause and other constitutional rights in the national security context will be examined. Particular emphasis will be given to the handling of classified information and its use pursuant to the Classified Information Procedures Act (CIPA). Finally, the course will explore the ability of the Article III courts to handle national security prosecutions in contrast to military tribunals. Grades will be based on a final examination, graded by anonymous number (although class participation will also be considered). Close Window

This course will cover two aspects of post-conflict justice: retributive and restorative justice with respect to human depredations that occur during violent conflicts and mechanisms for restoring and enhancing justice systems that have failed or become weakened as a result of such conflicts. Areas of study will include policy issues relating to accountability, mechanisms for assessing accountability, post-conflict peacekeeping and justice, and (re-)establishing the rule of law in post-conflict environments. Close Window

This course studies the disclosure philosophy of the federal securities laws and the nature and regulation of the securities markets. The relevant statutes are the Securities Act of 1933 and the Securities Exchange Act of 1934, primarily, as well as changes brought by recent legislation including the JOBS Act. Among the topics covered are the initial public offering (IPO) process and exemptions from registration under the 1933 Act; we also study the mandatory disclosure regime for public companies under the 1934 Act. Civil liabilities under both the 1933 and 1934 Acts are also explored. The course also studies the economics of the disclosure and liability rules and the workings of an efficient market. Prerequisite: Law 303 Corporations I or Law 320 Business Associations. Close Window