International Law (ITGL)
ITGL 084. IMMIGRATION, ENFORCEMET, AND PROTECTION FIELDWORK. (1 Credit)
Immigration, Enforcement, and Protection will immerse students in current issues in immigration enforcement and refugee protection in the United States through an academic and experiential component. For the first week of the Winter Term, students will participate in a seminar that explores the unique legal landscape applicable to the border region of the United States through the lens of two dominant but competing policy frameworks in immigration law: international protection and domestic law enforcement. The course will introduce students to key provisions of domestic and international law that assign and restrict the power of federal and state government actors, citizens, and noncitizens in the border region and at ports of entry. It also will examine policy choices related to protection and enforcement with a focus on civil immigration detention and expedited removal proceedings. Students will spend the second week of the Winter Term in Dilley, Texas, working under the supervision of the course instructor and licensed attorneys at Texas Rio Grande Legal Aid ("TRLA"). Students will apply their academic coursework to supervised, limited-scope representation of asylum-seeking families in expedited removal proceedings. Through the seminar component, the course aims to prepare students to think critically about their observations and experiences on-the-ground and to contextualize those observations and experiences within the broader framework of the rule of law at the southern border. By placing them in Dilley under the supervision of TRLA attorneys and Fordham faculty, the course aims to develop students' client counseling and advocacy skills while exposing them to creative, crisis lawyering and providing desperately-needed legal services to a vulnerable population. Students will spend 12.5 hours in the seminar and will perform at least 45 hours of on-the-ground work and given the demands of on-the-ground advocacy very likely more. To meet the requirements of an experiential course, students will be required to set goals during the seminar and write self-reflective assignments and keep a regular journal during the field component in Dilley, Texas. Spanish-language ability is preferred, but not required.<p> For the fieldwork, students depart Saturday, January 6th, and return Saturday, January 13th. The Feerick Center arranges for and pays for flights from New York City to Texas and back to New York, ground transportation in Texas, and accommodations in Dilley, Texas but not students' food expenses. Acceptance in the course is subject to Feerick Center approval. Registrants will receive instructions after they submit the Winter Registration Form .
ITGL 0101. INTRODUCTION TO UNITED STATES LEGAL SYSTEM. (2 Credits)
This course presents an overview of the U.S. legal system. Subjects include an overview of the U.S. system of government including federalism, separation of powers and checks and balances, and supremacy and preemption; the judicial systems, including the organization and functioning of the federal courts, state judicial systems, and the lawmaking power of the courts; sources of law, including the distinction between primary and secondary sources of law and the use of precedent, including the defining principle of stare decisis and synthesizing case law; and an overview of civil litigation in the U.S. Case reading and analysis is a fundamental aspect of this course.
ITGL 0102. PERSPECTIVES IN US LAW I. (3 Credits)
This two credit course surveys core U.S. legal doctrine in a number of areas such as contracts/sales, real property, torts, family law, and wills. These core topics will then be analyzed from the perspective of the New York courts. Periodic exams throughout the semester and a final exam will test the students' knowledge in these areas through practical application. This course does not count towards the 12 credits required for each program but does count towards the overall 24 credits for the LL.M. degree. OPEN TO LL.M. STUDENTS ONLY.This course does not count towards the 12 credits required for each program but does count towards the overall 24 credits for the LL.M. degree .
ITGL 0103. PERSPECTIVES IN US LAW. (2 to 4 Credits)
This course will examine current American law based on case law and statutory law related to selected topics in contracts, criminal law,wills corporations, domestic relations and New York Practice with special emphasis on New York distinctions. Note: No prerequisite required for this course.
Attributes: LLM, LMCO.
ITGL 0105. DOING BUSINESS IN E.U.. (2 Credits)
The course of doing business in the European Union “EU” reviews the development of the European Union’s legal system, its characteristics and the current main EU institutions.<p>The course focuses on the common market (freedom of movements of goods, persons, and workers, the right of establishment and to provide services) and the competition policy (cartels, abuse of dominant position, merger, state aids).<p>The students will also learn about forum selection rules applicable in the European Union in case of disputes between companies incorporated in different countries, and how to challenge acts of EU Member States or EU Institutions. Finally, the course will cover the recognition and enforcement of judgments within the EU.
Attributes: LAWB, LAWI, LLM.
ITGL 0123. LAW PRACTICE FIELDWORK FOR GRADUATE STUDENTS. (1 to 2 Credits)
Fieldwork graded as credit/no credit.
Attributes: LAW, LLM.
Prerequisite: ITGL 0226 (may be taken concurrently).
ITGL 0129. ADVANCED NATIONAL SECURITY & FOREIGN RELATIONS LAW. (2 to 3 Credits)
This seminar will allow students to engage in depth with some of the most important debates currently taking place in government, the academy and think tanks about national security and foreign affairs law and policy. The seminar will include both outside speakers and regular class discussion. Students will write several short reaction papers, participate in discussion and write their own seminar research paper. Supervised writing credit is available.
Attributes: INLJ, JD, LLM.
ITGL 0138. LGBT RIGHTS IN BANGLADESH: ADVOCACY PROJECTS. (2 Credits)
Students will research, design, and implement advocacy projects relating to the 2014 Crowley Mission in Bangladesh. Projects will focus on raising awareness; engaging with governments, donors, and other stakeholders; and improving access to justice for LGBT people.
ITGL 0153. CONTEMPORARY PROTECTIONISM. (2 Credits)
ITGL 0199. INTERNATIONAL INTELLECTUAL PROPERTY LAW, PRACTICE & ENFORCEMENT. (3 Credits)
The course will examine the substance, implementation and enforcement of international agreements that establish minimum standards of protection in intellectual property amongst member states, including the Berne Convention, the Paris Treaty and TRIPS. We will study international and regional intellectual property registry systems such as EU/OHIM and the Madrid Protocol and Agreement, and we discuss international filing strategies for various types of intellectual property and global exploitation of a company’s intellectual property portfolio. Finally, we will survey enforcement provisions provided by key territories to combat international trade in counterfeit goods and best practice measures for a global anti-counterfeiting program.
Attributes: JD, LAWT, LLM.
ITGL 0201. INTRO GLOB ADMIN & INTL GOVERN. (2 Credits)
In the last few decades, scholars and practitioners have started to perceive the relevance of “trans-governmental cooperation” as a consequence of the international and globalized interdependence that exists in fields such as security, environmental protection, banking and financial regulation, telecommunications and the law of the internet, trade in products and services, intellectual property rights, and immigration. By using international agreements and soft law instruments, several forms of regulatory cooperation have taken place around the globe, transferring many regulatory decisions from the national to the “global level”. Cooperation that involves public and private entities, raising questions as to the constitutional structure of contemporary societies and the allocation of governance. Global administrative law is the byproduct of these forms of cooperation, and is changing the manner in which administrative functions are performed at the national and international level. Tangible examples are: the production of international technical standards (e.g. ISO, IEC, Ansi, Acme…); the regulation of internet domains (administered by the Internet Corporation for Assigned Names and Numbers); the administration of health standards and definitions (administered by the World Health Organization); the regulation of international trade and the protection of intellectual property (administered by the WTO and the WIPO). This course is designed for both J.D. and LL.M. students, and aims at providing a working knowledge of the principles and the functioning of global administrative law, and of the “global administrations” responsible for the production of global norms. It also analyzes the way global norms are received by national legal systems, with a specific focus on American and European contexts. Both elements are of great importance for lawyers who intend to pursue a career in international or business law, and would like to understand the complexity of the multiple layers of normativity that characterize our time. The course would also benefit prospective lawyers and legal experts endeavoring to work in domestic law, because it provides a modern approach to administrative and economic law problems and an analysis of the way international and transnational norms enter domestic legal systems. The subject matter of the course should not be confused with international law or the law of the international business transactions. It can be considered, instead, a complementary course for both disciplines, as it focuses on entities that are not necessarily regulated by international law, even though they deeply regulate crucial economic relations. Exam 20 page paper on a topic relevant to the course. Concentration Open to everyone. Particularly interesting for ILJ, IBT students. Short Biography Mario De Rosa was one of the students selected for the Double Degree Program jointly established by the Luiss Guido Carli of Rome and Fordham Law School. He achieved his LL.M. in International Business and Trade Law at Fordham Law School Magna cum Laude in May 2014 and his J.D. from Luiss Guido Carli in Rome, 110/110 cum Laude and the special mention of the Academic Commission in July 2014. Besides the United States and Italy, he has conducted his studies at the Bucerius Law School of Hamburg, Germany. He has worked for the U.S. Court of International Trade between September 2014 and February 2015.
ITGL 0202. INVESTOR-STATE ARBITRATION. (3 Credits)
ITGL 0203. INTERNATIONAL TRADE LAW. (2 to 4 Credits)
This course covers the international law that governs the cross-border movement of goods, services and investment capital. It focuses on both the multilateral (WTO) treaty law that governs normal trade relations among 164 countries, and the regional (NAFTA, TPP) and bilateral treaty law that governs free trade relations for smaller groups. We will look at how governments implement their trade treaty rights and obligations through national law and procedure. We will also discuss how counsel can use this international law to compel a foreign government to more readily admit a client’s goods or services into a foreign market, or to better regulate a foreign enterprise in which a client has invested.
Attributes: ICF, LAWI, LLM.
ITGL 0204. ASIAN AMERICANS & THE LAW. (2 Credits)
This 2-credit seminar will examine the history of legal regulation of people of Asian and Pacific descent within the United States and its territories. As background, we will begin with the history of Asians in the United States and the connection between race and national identity. We will then explore the evolution of U.S. state and federal laws concerning Asians, focusing especially on immigration, naturalization, and citizenship; anti-miscegenation, economic discrimination, public benefits including education; and civil rights and the Japanese-American internment during World War II. We will reflect on how the history of past regulation of Asian Americans bears upon current hot-button legal questions involving APAs and others, such as race-conscious admissions policies to selective schools and universities, and how APA experiences compare to those of other non-European descent groups. Grades will be based on class participation, a paper of at least 25 double-spaced typewritten pages (including footnotes) on one of a suggested list of topics, and an oral presentation of the paper. The paper satisfies the Law School’s written work requirement; there is no exam.
ITGL 0213. Litigation Management for the International Lawyer. (3 Credits)
This course aims to provide students with an overview of the various stages of a United States litigation involving foreign and U.S. parties including practical advice in how to manage the litigation. At the outset of the course, students will presented with a fact pattern involving a foreign company having potential claims against it and but also having its own claims against the adversary party. The case will be a commercial dispute involving potential contract and fraud claims, including possible violations of U.S. statutes. Students will discuss and decide initial issues of where to sue, including whether to bring the lawsuit in a Federal or New York State Court, what claims or counterclaims to allege, and which parties to include. Students will take on the role of the law firm hired by the foreign company to handle this complex litigation. The course will follow this litigation from the filing of the complaint all the way through trial and appeal. Specifically, students will act as the lawyers and will make decisions on important litigation issues such as jurisdiction, venue, which claims and defenses to assert in the complaint, answer, and counterclaims, motions, discovery (including e-discovery), class actions, certain compliance issues, trial, evidence, including choice of witnesses, direct and cross examination testimony, and what trial exhibits to be presented. Students will learn about the issues that arise at various stages of an American litigation and consider strategic considerations and techniques for managing these issues. The course will include a visit to the courthouses in Manhattan and meeting with a Judge from these courts. The course will discuss U.S. litigation compared with the litigation approaches in other countries. The course will also touch on famous trials and the greatest law novels. This course is intended for International L.L.M. students.
Attributes: LAWB, LAWI, LIDR, LMCO.
ITGL 0215. AVIATION LAW. (2 Credits)
Considers problems in the sources and organization of the law of international and domestic air transport, routes and rates, choice of law and forum, hijacking, exculpatory clauses, carrier liability for personal injury, death, and cargo damage, governmental liabilities, types of liabilities and limitations thereof, ground damage and other offensive aircraft operations, including air pollution and sonic boom.
Attributes: LAWB, LAWI, LLM.
ITGL 0222. INTENTION AND THE LAW. (2 Credits)
In this seminar we will explore the role of intention in the law. We will discuss the relevance of intention to culpability, responsibility and legal liability in different parts of the law. Topics we will study from this angle include contracts, torts, criminal law, corporate law, employment law and constitutional law. Students will present a short paper in an assigned week and submit a 25-30 page paper on an approved topic on the last day of class.
ITGL 0223. ARBITRATION IN W AFRICA TODAY. (2 Credits)
More than 10 years ago, Fordham Law School, through its Leitner Center, became engaged in many important projects and programs in Ghana with placing those programs in the two major cities of Accra and Kumasi. In 2010 at the request of the Giving to Ghana Foundation, Fordham Law’s ADR Program Leader, Jacqueline Nolan-Haley and the Law School’s Center for Social Justice, founded by Professor and former Dean John D. Feerick, began an effort with others to establish a major conflict resolution center in central Ghana which is an area with economic challenges. This ADR effort was for a Center to serve as a model for grassroots conflict resolution efforts in Ghana and elsewhere in Africa. In the past few years, these efforts led to successful ADR Programs at this Center as well as the development of courses concerning ADR in Western Africa taught by Adjunct Professor Dennis Lynch. This course being offered in 2014 expands on all of these activities because of the growing interest in African Conflict Resolution.<p>This Seminar will examine the development of Dispute Resolution in Western African Countries. The focus of the course will be on establishing a structure for conflict resolution generally and Alternative Dispute Resolution (“ADR”) specifically in Western African and other places in Africa. The involvement of non-African participants in the development and support of the first ADR Center in the rural areas of Western Africa, namely the Marian Conflict Resolution Centre (“MCRC”), will be analyzed in detail. The contribution of African participants in the grass roots efforts to realize accomplishments in the MCRC will be also reviewed in detail. The successes and failures of the MCRC and the challenges ahead for models of Dispute Resolution in Africa will be the superintending focus of study and review of this Seminar. Students will be challenged to consider the success and failure of ADR Centers in all of Africa with the goal of identify and developing best practices for conflict resolution and ADR systems specifically in Ghana as the basis for development of such systems in Western Africa and elsewhere in Africa. All Students will be expected to research and report on organizations and structures in Western African nations and other countries with regard to successful ADR practices today.
Attributes: ICE, INLJ, JD, LIDR, LLM.
ITGL 0226. GRADUATE EXTERNSHIP SEMINAR. (1 or 2 Credits)
This seminar will explore various topics related to law practice, including the following: goal-setting, supervision, legal research, ethical issues in practice, professionalism and, through student presentations, a variety of issues raised in individual fieldwork settings. This course is open by permission only. Permission will be granted only to students who have secured their own externship placements and received approval from the LL.M. program office to receive externship credit for the placement (you must be simultaneously registered for “LL.M. Externship Fieldwork,” a .5-credit course, which provides credit for the actual fieldwork). This is a one-credit course that will meet on seven dates throughout the semester. Specific dates will be announced in the beginning of the semester. This course will be graded on a Credit/No Credit basis.
Prerequisite: ITGL 0123 (may be taken concurrently).
ITGL 0231. INTERNATIONAL CIVIL LITIGATION IN UNITED STATES COURTS. (3 Credits)
In light of the growing importance of transnational litigation, this course will cover significant, as well as problematic, topics in international litigation and private international law as they play out in United States courts with an eye to comparative procedural regimes. The subjects covered will include personal jurisdiction over foreign defendants, subject matter jurisdiction over transnational cases, and limits on the exercise of jurisdiction over foreign sovereigns. The course will also cover jurisdiction to prescribe including choice of law and developments in the extraterritorial application of United States law, protective measures such as forum selection clauses in contracts, forum non conveniens, parallel litigation and antisuit injunctions, as well as recognition and enforcement of foreign judgments in the United States. Additional topics may include obtaining evidence abroad for use in domestic litigation and service of process abroad. The course will have a take home examination.
Attributes: ICE, JD, LAWI, LDF, LIDR, LLM.
ITGL 0234. INTERNATIONAL HUMAN RIGHTS SCHOLARSHIP. (2 Credits)
This two-credit seminar will provide a survey of state-of-the-art scholarship in the field of international human rights, broadly defined. After an introductory session, each week we will read and discuss a recent paper written by a prominent scholar of international human rights. Students must submit six reaction papers limited to 1000 words each over the course of the term. No examination will be given. Students who wish to satisfy the writing requirement may write a term paper for an additional credit. Both LLM and JD students are welcome.
Attributes: ICE, INLJ.
ITGL 0240. LAW OF INTERNAT'L INSTITUTION. (3 Credits)
ITGL 0260. National Security and Civil Liberties in the 21st Century. (2 Credits)
National Security and Civil Liberties in the 21st Century: The course will be structured as an examination of constitutional and civil liberties controversies that have arisen in the context of national security decision-making by the U.S. government, with a particular focus on the period after September 11, 2001. These legal issues may include, but are not limited to, the Foreign Intelligence Surveillance Act and domestic law enforcement investigations; the detention, treatment and trial of detainees held by the U.S.; the targeted killing of terror suspects; the First Amendment and terror investigations and prosecutions; the relative merit of federal terror trials versus military tribunals; and the necessity and use of government secrecy versus the right of the public to know about government policy and practice. The course will feature guest lecturers who are leading practitioners and thinkers in their respective fields. Textbook: The textbook will be the Dycus, Berney, Banks, Raven-Hansen, National Security Law (5th ed.). Supplemental readings will be provided.This course will have a take-home exam with a paper option that may be used to satisfy the writing requirement.
Attributes: INLJ, JD, LLM.
ITGL 0261. NATIONAL SECURITY LAW & POLICY IN POST 9/11 AMERICA. (2 Credits)
An exploration of the evolution of American law and legal policy throughout the war on terror, with a focus on civil liberties, executive powers, and court decisions. The course will examine the country's major post 9/11 terrorism prosecutions including the military commissions cases at Guantanamo, and will study the course of legislation and policy related to surveillance, detention and war from the fall of 2001 to the present, including the USA Patriot Act, the FISA Amendments Act, and the 2001 Authorization to Use Military Force. Relevant court decisions from the FISA Court, the Supreme Court, and several circuit court decisions will be included as well. (Writing requirement can be satisfied with this course.)
Attributes: ICE, INLJ, LAWJ, LLM.
ITGL 0292. INTRODUCTION TO CHINESE LAW. (3 Credits)
This class will offer an introduction to the legal system of the People's Republic of China. Topics addressed will include the historical, philosophical, and ideological foundations of modern Chinese law, Chinese legal institutions, evolving administrative, civil, constitutional, criminal, and property law norms, and citizen efforts to use the legal system. No prior knowledge of Chinese history, law, or politics is required. Regular class attendance and participation is required, as is completion of short response papers to the readings. It is not a writing req. course - no paper is required. It is a lecture and discussion-based class.
Attributes: ICE, JD, LAWI, LAWJ, LLM.
ITGL 0295. INTRODUCTION TO INTELLECTUAL PROPERTY: A GLOBAL PERSPECTIVE. (2 or 3 Credits)
A brief introduction to intellectual property law and how the United States and Europe have taken different paths in determining what deserves to be considered intellectual property worth protecting. This course will mainly focus on global issues in copyright law but will also examine patents, trademarks, and trade secret protection. The course will also address the conflict in enforcing IP across international borders based on the differences in grantable rights in various countries. The discussion will include the recent changes to U.S. patent law that bring it in line with Europe, a number of recent cases from the United States and Europe, as well as treaties (both signed and still being negotiated).
Attributes: IPIE, JD, LLM.
ITGL 0296. INTRODUCTION TO US TRANSACTION PRACTICE. (2 Credits)
This course will provide LL.M. students with on overview of U.S. transactional practice and the practical skills that are useful in the context of representing corporate clients. In addition to the lectures and simulations, the course will include classes with guest speakers, including successful LL.M. alumni currently practicing law in New York City. Throughout the semester, students will participate in contract negotiation and drafting exercises. The course will assist students in fine tuning their legal research and writing skills, client management strategies and introduce them to contract drafting and negotiation. Students will have the opportunity to explore various areas of substantive law while learning the relevant practical skills to effectively represent clients on transactional matters.
Attributes: LAWB, LAWI, LLM.
ITGL 0297. NATIONAL & DOCTRINAL BOUNDARIES OF INTELLECTUAL PROPERTY LAW. (2 Credits)
This course will provide a brief introduction to intellectual property law and consider how the United States and Europe have taken different paths in determining the limits of intellectual property protection. The course will first present the several forms of intellectual property (IP): patents, copyrights, trademarks, trade secrets, database rights, etc. Then it will describe how those rights differ in the United States and EU. For example, the EU is more limited in granting patents on software, and the United States does not provide protection for databases. The course will aim to focus particularly on topical issues, like whether providing an Internet hyperlink to a web page infringes the copyright on that page (currently before the Court of Justice of the European Union) and whether owners of MP3 files have the right to sell them to others (currently being litigated in the U.S., by a Fordham alumna). Students will lead the discussion in most of the classes.
ITGL 0298. INTERNATIONAL & COMPARATIVE INTELLECTUAL PROPERTY LAW. (3 Credits)
The course will be an introduction to the concepts surrounding intellectual property through an examination of U.S. law and international treaties. All three major areas of intellectual property – copyright law, patent law, and trademark law – will be covered with the discussions mainly focused on how rights are acquired and when such rights are deserved. The class will also hold discussions surrounding the challenges in enforcing intellectual property across international borders based on the differences in obtainable rights in various countries.
ITGL 0303. INTERNATIONAL AND COMPARATIVE INTERNET LAW. (2 or 3 Credits)
This course will address comparative and international Internet based legal issues pertaining to: Copyright Law, Trademark Law, Freedom of Speech, Cybersecurity, Online Commerce, Privacy Law, ICANN’s Uniform Domain Name Dispute Resolution Policy and related topics. Students will learn the essentials of computer and network technologies, and how they have challenged settled legal understandings. Broad jurisprudential themes include the ways that laws and legal regulations can change when enforced by computers rather than by people; the ways that the online nature of transactions can increase or decrease government control; and the extraordinary extralegal power that can be wielded by online intermediaries. The primary comparative focus will be between the US and other legal regimes, such as S. Korea, the European Union, and China.
Attributes: ICE, JD, LLM.
ITGL 0307. ADVANCED CONSTITUTIONAL LAW. (2 or 4 Credits)
This is a course for students interested in developing a greater understanding and mastery of constitutional law. The course covers a range of constitutional topics spanning (1) national security and the "war on terror," (2) the rights of foreign nationals in the absence of meaningful immigration reform, (3) the rights of LGBT persons and same-sex couples, and (4) the death penalty. Through an in-depth study of case law and law-review material, students will develop expertise on a range of critical constitutional issues and develop new tools for unpacking legal and constitutional problems. The assigned materials and class discussions will focus on the detention and prosecution of terror suspects at Guantanamo Bay, the role of habeas corpus as a check on governmental power, executive branch deferred action programs in immigration, personal liberty and privacy in intimate relationships, the right to marry, access to public facilities such as restrooms, and a range of different questions surrounding limits on criminal sentencing. The course has both procedural and substantive dimensions. As a matter of process, we will take on questions regarding jurisdiction, due process, federalism, executive power, and the separation of powers (both among and within the coordinate branches of government). As a matter of substance, we will explore border protection, deportation/removal, effective assistance of counsel, state and local enforcement of immigration law, privacy and individual liberty, prosecutorial discretion, as well as the role of military commissions and status tribunals for "enemy" combatants. Along both dimensions, we will consider the role of the Supreme Court in developing a body of principles, and we will explore those principles from a variety of theoretical and doctrinal perspectives. The goal of this course is not only to equip students with an enhanced understanding of particular topics, but enable students to understand connections across seemingly disparate topics.<p> In addition to legal doctrine and theory, we will consider the various tools of courtroom lawyers by reading a variety of court documents and filings. This more granular inquiry will expose students to a number of features of complex litigation and the practical skills used by lawyers, including points of trial and appellate practice, litigation strategy, and legal ethics, spanning government, private bar and non-profit actors. Although this course builds on some of the basic material from Constitutional Law, that course, while potentially helpful, is not a prerequisite for this course. This course is recommended to those interested in administrative law, constitutional law, immigration law, national security law, and LGBT rights.<p> Students have the option of writing a paper for this course or taking a take home exam. Those electing to write a paper can satisfy the Law School’s writing requirement.
Attributes: ICE, INLJ, PIE.
ITGL 0320. ADMIRALTY & INTERNATIONAL MARITIME LAW. (3 Credits)
Seminar style analysis of Admiralty and International Maritime law based upon decisions by United States Courts (primarily), domestic legislation, and international treaties conncerning: jurisidiction practice and procedure maritime property persons cargo chartering services and products casulaties marine insurance and general average limitaiton of liability emerging topics.
Attributes: ICE, LAWI.
ITGL 0321. COMPARATIVE LAW. (2 to 3 Credits)
The course aims to provide an understanding of comparative law as a method and as a body of knowledge. In the first part of the course you will learn how to compare legal institutions through a theoretical inquiry in traditional, as well as innovative, comparative law methods and how to apply these methods to some of the most controversial topics in the current legal debate. The second part will focus on the classic divide between common law and civil law, in particular in American and European legal traditions. It will also address the new understanding of the world law map. In the third part of the course we will turn our attention to globalization, an area where comparative law is essential in the understanding of many contemporary relevant phenomena. The course will offer case studies on different topics in order to test ability in comparing legal institutions and in using comparative law arguments in cross-border contexts. The course will be graded based on a 24-hour take-home final examination (75% of the final grade) and class participation (25%).
Attributes: ICF, INLJ, LLM.
ITGL 0322. NUCLEAR WEAPONS & INTERNATIONAL LAW. (2 Credits)
This international law seminar will explore issues as to the lawfulness of the use and threat of use of nuclear weapons in the Post 9/11 World in light of contemporary strategic realities, including Russia's increased adventurism and reliance on nuclear weapons, Iran's nuclear weapons program and the recent agreement, North Korea's nuclear weapons, the instability of Pakistan and possible availability of its nuclear weapons to terrorists, the risks and potential effects of an Indian/Pakistani nuclear war, the spread of terrorism and willingness of terrorists to use nuclear weapons, the risks of further nuclear proliferation and collapse of the NPT regime, the United States' continuing reliance on nuclear weapons, notwithstanding its clear superiority over the rest of the world in conventional weapons, the widespread practice of nuclear deterrence, and the relationship between nuclear power plants and nuclear weapons. The course will also focus on facts that are central to the legal analysis, including the characteristics and effects of nuclear weapons, psychological factors that affect policies as to nuclear weapons, litigation throughout the world concerning nuclear weapons, and the 1996 advisory decision of the International Court of Justice on the Legality of the Threat and Use of Nuclear Weapons. This will be a paper course and students will be required to present their papers in class. The assignments will consist of contemporary think tank, university, government, and military materials (generally available on line) and portions of the second edition (in process) of Charles J. Moxley, Jr., Nuclear Weapons and International Law in the Post Cold War World (Austin & Winfield, scheduled for fall 2017) (to be provided electronically). This course can be used to satisfy the writing requirement.
Attributes: ICE, INLJ.
ITGL 0329. AMERICAM LAW AND THE WAR ON TERROR. (2 Credits)
The course will be structured as an examination of constitutional and civil liberties controversies that have arisen in the context of national security decision-making by the U.S. government, with a particular focus on the period after September 11, 2001. These legal issues may include, but are not limited to: the detention, treatment and trial of detainees held by the U.S. in Guantanamo Bay and elsewhere; the targeted killing of terror suspects; the Foreign Intelligence Surveillance Act and domestic law enforcement investigations; the First Amendment and terror investigations and prosecutions; and the use of government secrecy in the national security realm. This course can fulfill the writing requirement.
ITGL 0330. ADVANCED SEMINAR IN INTERNATIONAL HUMAN RIGHTS (CROWLEY). (2 Credits)
ITGL 0339. EUROPEAN UNION LAW. (2 or 3 Credits)
This course is devoted to the institutional and constitutional structure of the European Union, before and after the 2009 Treaty of Lisbon, and to important substantive legal rules of the Union. Initially, the powers and functions of the Commission, Council, European Council, Court of Justice and the Parliament will be described. Next, we will describe and analyze key Court doctrines, notably the primacy of Union law, the ‘direct legal effect’ of certain Treaty provisions, and the protection of basic rights, with particular attention to the Charter of Fundamental Rights. We will then examine crucial substantive legal rules, including the free movement of goods, workers and services; the harmonization of national laws to achieve the common or internal market; and the principles of legislative interpretation and preemption. Topics for final classes will be selected among those of citizenship of the Union, lawyers’ practice rights, intellectual property rights, and the Economic and Monetary Union. Comparisons to US constitutional principles will frequently be made. Two or three EU judges or senior officials will provide guest lectures.
Attributes: JD, LAWI, LLM.
ITGL 0340. EUROPEAN UNION BUSINESS LAW. (2 or 3 Credits)
The initial course goal is to describe the basic legal and political structure of the European Union of 28 nations,especially its governing bodies, the Commission, Council of Ministers, Parliament and Court of Justice. Most coverage will be of substantive law fields that a practitioner should know about for future legal practice. Several substantive law classes will examine the rules and Court judgments concerning economic integration within the common market, notably the free movement of goods, persons, services and capital and the harmonization of national rules concerning them, frequently with comparisons to the US. Class votes will determine the topics for the final six weeks from among the following: basic rights and the Charter of Fundamental Rights; lawyers' rights to practice throughout the EU, basic competition (anti-trust) law; intelectual property rights; the harmonization of company law;Monetary Union and the Euro; rights of citizens of the Union; employment law harmonization; equal employment rights of women; and rules against discrimination in employment based on age, disability or sexual orientation .
Attributes: ICE, JD, LAWB, LAWI, LLM.
ITGL 0343. COMPARATIVE CONSTITUTIONAL LAW. (2 or 3 Credits)
The course will examine constitutional developments in new and consolidate democracies. The basic goal is to show how the constitutional changes and structure can represent a good way to verify the differences and similarities between countries like United States, Germany, France, Brazil and others that will be mentioned during analyses of the constitutional comparison. The course will adopt texts for discussion about the following topics: judicial review, constitutionalism and the so called neoconstitutionalism, constitutional amendments process, check and balances, civil liberties and social rights under constitutional protection, judicial institutions and special overview about the differences between constitutional courts and supreme courts. Reflective comparison with constitutional law in others countries, especially the United States, will be a constant expectation in all areas of the course. The methodology of constitutional comparison will be focus in the contrast of presented by American constitutional scholars.
Attributes: ICE, INLJ, JD, LAWJ, LLM.
ITGL 0345. COMPARATIVE CONSTITUTIONAL LAW & RIGHTS. (3 Credits)
This course brings a comparative approach to questions at the core of constitutional decision-making. Topics include separation of powers, judicial review, the distinction between legislative and executive authority, federalism, protections of civil liberties, as well as the positive or protective duties of the state. Students will reflect on comparisons between constitutional law in the United States and elsewhere. This interactive approach will provide a laboratory for understanding how comparative constitutional study can offer insights into the systems with which students are already familiar. Students will also gain an appreciation for those aspects of the U.S. constitutional system that have been considered for adoption by emerging constitutional nations. Finally, students will reflect on the legitimacy of U.S. lawmakers or judges referencing foreign constitutional law in the creation of U.S. law and decision-making.
Attributes: JD, LLM.
ITGL 0347. IMMIGRATION LAW. (3 or 4 Credits)
This class is a survey of immigration law and policy in the United States. The course is grounded in the rules governing how newcomers are admitted to and removed from this country. It provides an overview of the agencies that make and implement immigration policy. It examines the various categories of visas for temporary visitors, and the routes to permanent residence and citizenship in the United States. It explores the law of asylum for those who fear persecution in their home countries. In addition, the class sets out the criteria for admission to the United States and deportation from it, and reviews removal procedures, with a particular focus on the interaction between criminal convictions and immigration law. The course also addresses the subjects of undocumented immigration and citizenship. But the study of immigration is more than just learning who gets in and who will be barred at the door or later ejected. Immigration policy brings up broad constitutional issues, draws on (and sometimes flouts) core principles of international and administrative law, and, most fundamentally, raises the questions of who we imagine ourselves to be as a country and who we really are.
Attributes: ICE, INLJ, LAWI, PIE.
ITGL 0348. PROJECT FINANCE. (2 Credits)
ITGL 0350. HUMAN RIGHTS SEMINAR. (2 to 3 Credits)
This seminar will allow each student to devise their own human rights project or course of study which might include independent research and writing projects or internships at local human rights organizations. These might also include group projects that could have a regional or substantive focus. Seminar content will reflect the projects of the students.
Attributes: ICS, JD.
ITGL 0351. INTERNATIONAL INSOLVENCY LAW. (2 Credits)
Bankruptcy and insolvency laws are essential components of a market economy. They enable entrepreneurs to take business risks, and provide a mechanism for treating creditors and other parties fairly in the event that a venture fails. As cross-border business activity has increased, so has the need to deal with cross-border business failures. This course surveys the issues that may arise when an enterprise that has operations, assets, employees, and creditors in more than one country becomes financially distressed. The course begins with an introduction to some basic international law concepts, including comity and choice of law, followed by an introduction to some fundamental principles of bankruptcy law and policy. The course will then turn to the issues that parties and courts have encountered in administering bankruptcies across national lines. Finally, the course will examine a number of ongoing international efforts to harmonize the laws that govern domestic and cross-border insolvency cases, including new Chapter 15 of the United States Bankruptcy Code, the EU Regulation on Insolvency Proceedings, and the UNCITRAL Legislative Guide on Insolvency.
Attributes: BFE, ICE, JD, LAWI, LLM.
ITGL 0356. HUMAN RTS CROWLEY CSWK. (1 Credit)
ITGL 0357. INTERNATIONAL TAXATION. (2 to 4 Credits)
This course is a comprehensive study of the U.S. international tax rules that apply to foreign persons investing and engaging in business in the U.S. and U.S. corporations investing and engaging in business abroad. The “inbound” portion focuses on how the U.S. taxes foreign persons on their U.S. passive income, business income, and income from the sale of real property. The “outbound” portion focuses on the U.S. foreign tax credit rules, the U.S. anti-deferral regimes, and some aspects of the U.S. transfer pricing regime. We also examine important recent developments, such as corporate inversions and the rise of “stateless income.” The application of income tax treaties is an integral part of the course.
Attributes: BFE, ICE, JD, LAWB, LAWI, LLM.
Prerequisite: TXGL 0348.
ITGL 0359. INTERNATIONAL BUSINESS TRANSACTIONS. (2 to 4 Credits)
The course introduces students to laws involved when doing business in more than one nation. The goals are to provide:1. Core subject knowledge to students wanting to take only one international business law course 2. A solid foundation from which to pursue advanced topic-specific international law courses to students interested in international careers.The course is divided into two parts. Part I covers underlying legal concepts:Transnational lawyering by U.S. and foreign attorneysDispute resolution: issues of jurisdiction, enforcement, arbitration, discoveryPublic international law: customary law, treaties, expropriation, nationalization World trade system: trade regulation, exchange controls, role of private lawyersCorporations: nationality, alien corporations, multinational enterprises, limited liabilityInternational tax: corporation tax status, US taxation of foreign businesses, tax treaties.Part II adopts a transactional approach. Students examine legal issues within the context of fundamental international business transactions:Transnational sales (choice of law and choice of forum, transportation and financing, export controls, anti-boycott legislation, Foreign Corrupt Practices Act) Agency and distribution agreements (termination, exclusive distributorships) Licensing agreements (international aspects of intellectual property law)Foreign direct investment (choice of business form, national restrictions on foreign investment, protection of foreign investments) Mergers and acquisitions (stock purchase agreement, securities law issues, EC Merger Regulation, Exon-Florio, privatization) andJoint ventures (Chinese regulation of foreign investment).U.S. and EU antitrust law issues will be covered as they arise in many of these transactions.This course will have a Take-home final exam. Student attendance and participation will also be taken into consideration for the final grade.
Attributes: ICF, LAWB, LAWI.
ITGL 0360. MULTINAT'L CORPORATIONS. (2 Credits)
This seminar is an introduction to a range of legal issues facing business entities that operate in a transnational setting, and more particularly, the legal issues that they face because of their multinational character. The course will focus, inter alia, on methods of entry into other markets and alternative forms of organization; current trends in the use of joint ventures; regulation of foreign direct investment and vulnerability of multinationals to country risk and expropriation. The course shall also examine the risk analysis and preventive use of contractual provisions; antitrust aspects of doing business across borders, extraterritorial application of U.S. securities, environmental and employment legislation; international regulation and codes of conduct for multinationals.Paper Required.
Attributes: ICE, LAWB, LAWI, LLM.
ITGL 0364. EUROPEAN UNION & INTELLECTUAL PROPERTY LAW. (2 to 3 Credits)
Paper required. Satisfies the writing requirement. This course explores IP case law from the European Court of Justice and the enacted and proposed EU directives and regulations which harmonize Member State laws of copyrights, trademarks, patents and industrial designs. In addition, international treaties and organizations, including the WIPO, which affect these laws, are examined. Prerequisite: any intellectual property law course here or in another school, or permission of instructor.
Attributes: ICE, IPIE, JD, LAWI, LAWT.
ITGL 0367. INTERNATIONAL ARBITRATION. (2 to 3 Credits)
This is a core course in law and practice of international arbitration as an alternative to litigation, private method of international dispute resolution. We will cover in depth the international arbitration process from the arbitration agreement to arbitral proceeding and arbitral award, as well as post-award moves by the parties, such as requests to the courts for setting aside or recognition and enforcement of arbitral awards. In doing so, we will analyze court decisions and arbitral awards and study the 1958 Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the New York Convention), domestic arbitration laws (the Federal Arbitration Act and laws following the UNCITRAL Model Law on International Commercial Arbitration), the rules of leading arbitral institutions (such as the ICC, AAA/ICDR, and LCIA), the UNCITRAL Arbitration Rules, and the IBA rules and guidelines in international arbitration. We will conclude the course with the overview of investment arbitration, where the focus will be made on investor-state arbitrations conducted under the 1965 Convention on the Settlement of Investment Disputes between States and Nationals of Other States (the Washington Convention). We will largely rely on the casebook supplemented by occasional law review articles and more recent cases. There will be several group practice exercises. The course will be graded based on a 24-hour take-home final examination (60% of the final grade) and class participation, including attendance (40%).
Attributes: ICF, LAWI, LDE, LIDR, LLM.
ITGL 0369. INTERNATIONAL ENVIRONMENTAL LAW AND LAW OF CLIMATE CHANGE. (2 Credits)
International Environmental Law is no doubt one of the most challenging and innovative fields in international law. The past two decades have seen the emergence of numerous international principles and rules in this area challenging many of the more established rules and principles in the international legal field. Several multilateral environmental agreements (MEAs) have been adopted and international environmental rules regulate almost every environmental issue one can think of. For example, just to mention a few areas, there are treaties dealing with marine pollution, hazardous activities, atmospheric pollution, waste management, access to information and so on. <p>This course aims to offer an overview of international environmental law to allow students to familiarize themselves with the key concepts in this field. The course will begin with an overview of the key international legal principles and rules dealing with the protection of the environment. It will do so by giving an historical introduction to put the evolution of this field in context. After this introductory lectures, the course will address the role that international institutions play in this field before moving on to examine selected treaty regimes to provide concrete and practical examples of the international regulation of environmental issues. In particular, the course will examine some of the most topical global environmental legal regimes, with particular attention to global environmental problems such as the depletion of the ozone layer, the trans-boundary movement of hazardous waste, the conservation of biological diversity and the international responses to climate change. The course, finally, will examine cross cutting issues, including the relationship between human rights and the protection of the environment, the protection of the environment in times of war and the question of compliance with environmental obligations.
Attributes: ICE, INLJ, LAWJ, LLM.
ITGL 0370. INTERNATIONAL INVESTMENT LAW. (2 Credits)
This course examines the international investment law governing the treatment and regulation of foreign investment, as well as the challenge of balancing the competing interests and goals of foreign investment, including investor rights and protections, economic development, the sovereignty of host states, and protection of the environment. The course focuses on the legal framework, particularly the laws, policies, and legal institutions affecting cross-border, affecting international investments. It explores the nature of international investment and multinational investors, the international legal framework for international investment. It considers both the historical framework for regulating international investment as well as the evolving treaty law including bilateral investment treaties (BITs), the North American Free Trade Agreement (NAFTA), the Energy Charter Treaty (ECT), and the arbitration and judicial decisions applying international investment law. It also explores national regulatory frameworks for foreign investment, the contractual and legal mechanisms for structuring, financing, and protecting international investments and the related conflict management practices. <p> Recommended previous courses, but not required as a pre-requisite, international law, international business transactions, or international arbitration. <br> Scheduled final with a paper option.
Attributes: ICE, JD, LAWI, LIDR, LLM.
Prerequisite: ITGL 0516.
ITGL 0371. HUMAN RIGHTS & RESOLVING CONFLICT IN NORTHERN IRELAND. (3 Credits)
ITGL 0372. INT'L CONFLICT RESOLUTION. (2 Credits)
ITGL 0373. INTL CONFLCT RES: USE ADR & HR. (2 or 3 Credits)
ITGL 0377. INTERNATIONAL ARBITRATION PRACTICUM. (2 Credits)
Please see section for course description.
Attributes: JD, LAWI, LIDR, LLM.
ITGL 0395. CORPORATE SUSTAINABILITY, TRANSNATIONAL BUSINESS & HUMAN RIGHTS. (2 Credits)
This seminar is focused on the social dimension of corporate sustainability, defined as a company’s delivery of long-term value in financial, social, environmental and ethical terms. In particular, this seminar explores the multifaceted intersection of business and human rights, including labor rights. While some still consider that the social responsibility of business is merely to increase its profits, the idea that business has human rights responsibilities - moral and/or legal - has been steadily gaining acceptance. Growing awareness of the impacts that business can have on human rights - positive and negative – as well as of the increasing power of corporations vis-à-vis the States in which they operate has raised the volume on calls for businesses to ensure that, at a minimum, human rights are respected within their operations and value chain. Key developments include: Well-known human rights organizations, like Amnesty International and Human Rights Watch, have launched human rights and business campaigns and monitor and report on human rights abuses by businesses. Consultancies and law firm practices advise businesses on how to improve their human rights performance. A growing number of multinational corporations now assess their human rights impacts, have introduced human rights policies and training programs, report on their human rights performance and have hired experts in corporate social responsibility (CSR) and human rights. Some companies even find themselves being sued for their involvement in human rights violations. Major international organizations, such as the United Nations, the International Labour Organization and the OECD, have issued principles and standards outlining the social responsibilities of businesses. In particular, a six year process undertaken by the UN Special Representative of the Secretary-General on Business and Human Rights culminated in June 2011 in the endorsement by the UN Human Rights Council of a set of Guiding Principles on business and human rights. Most recently, in June 2014, the UN Human Rights Council adopted a resolution to embark on a process to elaborate an internationally legally binding instrument on transnational corporations and other business enterprises with respect to human rights. These developments beg questions - which will be explored in the seminar - such as why human rights are or should be a business issue; if so, to what extent; what can a company do to respect and support human rights; and what remedies might be available for those whose human rights have been adversely affected by a business. The seminar addresses the following main areas: A) Why human rights is a business issue B) Some further context for business and human rights C) The international business and human rights framework D) Applications of business and human rights E) Remedies.
Attributes: ICE, INLJ, LAWB, LAWI.
ITGL 0441. INT'L COMMERCIAL ARBITRATION. (2 or 3 Credits)
This is a core course in law and practice of international commercial arbitration as an alternative to litigation, private method of international dispute resolution. We will cover in depth the international arbitration process from the arbitration agreement to arbitral proceeding and arbitral award, as well as post-award moves by the parties, such as requests to the courts for setting aside or recognition and enforcement of arbitral awards. In doing so, we will analyze court decisions and arbitral awards and study the 1958 Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the New York Convention), domestic arbitration laws (the Federal Arbitration Act and laws following the UNCITRAL Model Law on International Commercial Arbitration), the rules of leading arbitral institutions (such as the ICC, AAA/ICDR, and LCIA), the UNCITRAL Arbitration Rules, and the IBA rules and guidelines in international arbitration. We will largely rely on the casebook supplemented by occasional law review articles and more recent cases. There will be several group practice exercises. The course will be graded based on a 24-hour take-home final examination (60% of the final grade) and class participation, including attendance (40%). There is also a paper option instead of the exam.
Attributes: ICE, LDE, LIDR, LLM.
ITGL 0442. HUMAN RIGHTS LAW. (2 to 4 Credits)
This is a core course in the Law School's human rights curriculum. The course examines issues ranging from the extraordinary rendition of terrorism suspects to mass atrocities to basic rights to housing, sex equality, LGBT rights and more. The course begins with the origins of the idea of rights from an historical, philosophical and analytical perspective. It then turns to the rise of the modern international human rights regime, including its origins and theoretical foundations, examines the basic international and regional human rights instruments and oversight and enforcement institutions, and considers remedies under both international and domestic law. The course considers the role of human rights law in the U.S. domestic system, as an example of the role of national law and institutions in securing human dignity. It also examines the human rights of women and refugees, the relationship between international criminal law and international humanitarian law and human rights law, and the human rights responsibilities of business enterprises. The course also covers selected rights from a comparative perspective (including international, U.S., and other national approaches), including comparative approaches to such topics as the protection of economic and social rights, equality and privacy in the context of LGBT rights, and the protection of rights in counterterrorism efforts.
Attributes: ICF, INLJ.
ITGL 0445. HUMAN RIGHTS: HOLOCAUST & LAW. (3 Credits)
This course will examine issues relating to the assault on human rights in the modern world, focusing primarily on genocidal practices by nations in the 20th century. The course will include the debate over the definition of human rights, the legal mechanisms for enforcing human rights, and the law of war and the Geneva Conventions. If law is designed to bring order to an otherwise chaotic world, then acts of genocide must represent the ultimate breakdown of those laws, and provide the evidence of just how fragile our claims to civilization actually are. The course will focus on some of the philosophical, political, psychological and legal explanations that have been offered to explain the existence of human rights violations and genocides. The course will also look at the psychological impact that such human rights atrocities have had on victims and survivors. In dealing with some of these issues, the course will focus on the Holocaust and the role that an elaborate and articulated system of German laws played in the de-emancipation and murder of German citizens and foreign nationals. The asserted uniqueness of the Holocaust will be examined in its relationship to prior and subsequent human rights abuses in this century.
Attributes: INLJ, JD, LLM.
ITGL 0477. HUMAN RIGHTS IN ASIA. (2 Credits)
The 21st century has often been heralded as the "Asian century," characterized by economic development, increased political clout, and unprecedented social and cultural change. Students in this class will explore how these forces affect human rights, in law and in practice, in Asian societies. This will include particular focus on the emergence of human rights norms in Asia, in both domestic and regional settings, and successful advocacy strategies for human rights law practitioners. Particular substantive issues will include freedom of expression and the impact of telecommunications technology; the ongoing dynamics of human rights and counter-terrorism; the role of corporations in addressing human rights impacts, and the increasing consequences of migrant populations, including migrant workers and refugees.
ITGL 0500. INTERNATIONAL DEVELOPMENT AND TRADE. (3 Credits)
What role does international trade law have to play in addressing poverty and inequality in the global economy? The course focuses on the intersection of two key objectives of the international order and international economic law: the promotion of central rules and policies for the stabilization and liberalization of international trade; and the encouragement of economic growth and development in poor countries. Thus course will consider the challengof addressing poverty and development in a climate of increasing challenge to the post-World War II consensus on international trade, and assess the effects of current controversies around trade and development for the fracturing world economic order. The first part of the course will focus on the primary multilateral trade organization, the World Trade Organization (WTO), and its predecessor, the General Agreement on Tariffs and Trade (GATT). The second parof the course focuses on trade regimes affecting particular regions of the developing world, with special emphasis on U.S. trade law and policy in respect of those regions.
ITGL 0510. ANTITRUST LAW AND ENFORCEMENT – COMPARATIVE PERSPECTIVES. (2 Credits)
This seminar will explore selected important and current legal and economic antitrust/competition issues in a comparative law setting, with an emphasis on the U.S. and EU laws and decisions. Specific topics will include:<br>Institutional differences in enforcement (eg administrative authorities, private actions and courts) and policy; the role of economics and experts; cartels and oligopolies; vertical restraints; abusive unilateral conduct; mergers, joint ventures and other collaboration among competitors (eg sports leagues); hot industries -- including high tech, transportation, media, telcom, natural resources, etc. -- and related global enforcement issues.
Attributes: ICE, JD, LAWB, LAWI, LLM.
ITGL 0512. INTL TRADE & IP LAW. (3 Credits)
ITGL 0516. INTERNATIONAL LAW. (0 to 4 Credits)
This is an introductory course in international law designed primarily for those who have not previously studied the subject. The course aims to illustrate the importance of international law in relation to many of the central issues that preoccupy national governments and to highlight the extent to which the assumptions underpinning it have changed in recent decades. Like any general international law course, the coverage of topics is necessarily selective given the range of possible subjects. The assumption, however, is that the materials provide an understanding of the essential normative and analytical frameworks required to tackle any issue within the field of public and quasi-public international law. It does so by providing an introduction to diverse specialist areas such as human rights, the use of force, international trade, and the law of the sea, as well as exploring how international law is applied in U.S. courts.
Attributes: ICF, INLJ, LAWI.
ITGL 0520. INTERNATIONAL LAW OF DEV. (2 Credits)
The international community is facing many challenges in the 21st century. Promoting development is arguably one of the items at the top of the international agenda, an objective shared by all the stakeholders in the international community. The course is designed to give an overview of the international legal rules on development and poverty eradication. Students will learn the basic framework for international development cooperation and will be exposed to the current legal and policy debates within the field. This course will examine the international legal rules, the activities of State actors, international organizations and other entities that deal with the promotion of development and poverty eradication. The course will begin with an examination of the main theories and concept(s) of development. We will be asking ourselves, inter alia, what is development? What kind of development should the international community promote? Is there a right to development? How do we measure development? It will continue with the analysis of the international legal rules designed to promote development and we will focus on the role played by selected international organizations. The course will firstly examine the activities of the United Nations, its Programs and Specialized Agencies. More specifically, it will examine the UN Development Agenda that emerged following the several UN Development Conferences, including the Millennium Summit, the Monterrey Conference and the 2005 World Summit. The course will then move on to examine the role and activities of the World Bank Group, in particular the International Bank for Reconstruction and Development and the International Development Association. It will further examine the role that financial aid (multilateral and bilateral) plays in the promotion of development and we will discuss its effectiveness. The course will continue with a discussion on the relationship and interaction between trade liberalization and development and the role of the World Trade Organization. The course will conclude with an assessment of current policies and will try to identify shortcomings and strengths to propose (new) tools to achieve development, with a focus on sustainable development. Guest speakers will deliver selected lectures to illustrate the implementation and practical implications of the legal rules studied during this course.
Attributes: JD, LAWI, LAWJ, LLM.
ITGL 0530. Understanding War, Crime and Justice after 9/11: Today’s National Security Law in context. (2 Credits)
This course exams the philosophical and legal arguments which infused the numerous legal debates surrounding war on terror policies. We will look at the long tradition of philosophical and juridical debates which have focused on the relationship between law and violence and the responses over time of the U.S. government and the courts to these evolving philosophical premises. Readings will include Hannah Arendt, Cesare Becaaria, Richard Posner, Michael Walzer , Robert Cover, among others, as well as several Supreme Court decisions related to war and political violence. <br> (Writing requirement can be satisfied with this course.)
ITGL 0555. MEDIATION: INTERNATIONAL AND COMPARATIVE PERSPECTIVES. (2 Credits)
Mediation is a problem-solving process that focuses on individual interests and attempts to develop solutions that respond directly to those interests. Over the last fifteen years, there has been significant growth and development in the field of international mediation and in some respects, a move away from arbitration as a method of international dispute resolution. Reasons for this trend include: the difficulty of enforcing arbitration awards in some countries; the need for global corporations to find an effective method to resolve cross border disputes; increased cross border on line transaction disputes; and the pressure to manage dispute resolution costs. This seminar will introduce students to the wide variety of contexts in which mediation is practiced in public and private settings, from commercial disputes to United Nations peacemaking efforts. Students will study theories of mediation and explore how different mediation models operate under various cultures and codes of ethics. The course is conducted through lectures, selected readings and simulations. A final research paper is required.
Attributes: ICE, INLJ, LDE, LIDR, LLM.
ITGL 0602. US FOREIGN RELATIONS LAW. (3 to 4 Credits)
This course will provide an in-depth introduction to the relationship between U.S. constitutional law and public international law. On the domestic side, selected topics will include the courts and foreign relations, Congress v. the President in foreign affairs, the role of the states, and the status of treaties and customary international law. With regard to international law, treaties, custom, jurisdiction, and sovereign immunity. Special emphasis will be placed on the place of international human rights in both the international and domestic legal regimes.
Attributes: ICE, JD, LAWI, LAWJ, LLM.
ITGL 0650. NATIONAL SECURITY LAW. (2 to 3 Credits)
This course is an introductory survey of U.S. national security law. Topics include constitutional design and structure; presidential and congressional war powers; detention, interrogation, prosecution, and targeting of suspected terrorists; electronic surveillance; regulation of covert CIA activities; and issues of secrecy and political accountability. In considering those topics, attention will be paid to comparative institutional competence, the allocation of decision-making authority among institutions, trade-offs between security and liberty, and the relationship between domestic law and international laws and norms. Note, however, that this course focuses predominantly on U.S. law and legal institutions. While the course is open to non-J.D. students, it may be difficult for those who have not taken an introductory course in U.S. constitutional law.
Attributes: INLJ, JD, LAWJ, LLM.
ITGL 0678. Introduction to Global Administrative Law and International Private Governance. (2 Credits)
In the last few decades, scholars and practitioners have started to perceive the relevance of “trans-governmental cooperation” as a consequence of the international and globalized interdependence that exists in fields such as security, environmental protection, banking and financial regulation, telecommunications and the law of the internet, trade in products and services, intellectual property rights, and immigration. By using international agreements and soft law instruments, several forms of regulatory cooperation have taken place around the globe, transferring many regulatory decisions from the national to the “global level”. Cooperation that involves public and private entities, raising questions as to the constitutional structure of contemporary societies and the allocation of governance. Global administrative law is the byproduct of these forms of cooperation, and is changing the manner in which administrative functions are performed at the national and international level. Tangible examples are: the production of international technical standards (e.g. ISO, IEC, Ansi, Acme…); the regulation of internet domains (administered by the Internet Corporation for Assigned Names and Numbers); the administration of health standards and definitions (administered by the World Health Organization); the regulation of international trade and the protection of intellectual property (administered by the WTO and the WIPO).<br> This course is designed for both J.D. and LL.M. students, and aims at providing a working knowledge of the principles and the functioning of global administrative law, and of the “global administrations” responsible for the production of global norms. It also analyzes the way global norms are received by national legal systems, with a specific focus on American and European contexts. Both elements are of great importance for lawyers who intend to pursue a career in international or business law, and would like to understand the complexity of the multiple layers of normativity that characterize our time. The course would also benefit prospective lawyers and legal experts endeavoring to work in domestic law, because it provides a modern approach to administrative and economic law problems and an analysis of the way international and transnational norms enter domestic legal systems. The subject matter of the course should not be confused with international law or the law of the international business transactions. It can be considered, instead, a complementary course for both disciplines, as it focuses on entities that are not necessarily regulated by international law, even though they deeply regulate crucial economic relations. <br>Required: : 20 page paper on a topic relevant to the course. Concentration Open to everyone. Particularly interesting for ILJ, IBT students.
ITGL 0693. COUNTER-TERRORISM POST 9/11. (2 Credits)
This class will examine counter-terrorism in a post-9/11 world. It will look into the laws, regulations, practices, tactics, techniques and strategies that are employed by governments, law enforcement and the financial community in order to prevent terrorism. It will also provide a comprehensive review of how terrorist acts since 9/11 have been addressed. The evolution of the laws and regulations applicable to detecting and prosecuting terrorism will be reviewed, including an in-depth analysis of the applicable sections of the Patriot Act. The course also addresses the role of lawyers, financial institutions and law enforcement in the process of trying to detect and prosecute terrorism and terrorist financing.
Attributes: INLJ, JD, LLM.
ITGL 0718. LABOR LAW IN THE INTERNATIONAL CONTEXT. (2 Credits)
This course addresses the development of workers' rights in the global economy and explores various obstacles to their successful realization. Trade, investment, and economic growth have expanded rapidly at the international level in the past 35 years. As a result, the rights of workers in a transnational setting have become critically important—for national governments, multinational corporations, international public bodies, and NGOs as well as for tens of millions of workers. The course will examine legal structures and implementation practices that are shaping the rights of workers in this competitive global setting.
Attributes: ICE, INLJ, PIE.
ITGL 0747. Refugee Law and Policy: Middle East Conflicts. (2 Credits)
This seminar examines refugee law and policy with a focus on the U.S. and international responses to recent refugee crises in the Middle East. In this seminar, we will cover refugee law and policy from three perspectives: first, the law governing international and U.S. refugee protection; second, the challenges of refugee adjudications in practice; and third, the foreign and domestic policy dynamics that shape refugee protection policies. The course will address recent legal developments affecting refugees, including the executive orders banning refugee resettlement and the status of ongoing legal challenges before the Supreme Court, as well as topics that include the impact of trauma on refugee narratives and adjudications, refugee law and gender-based persecution, the role of international organizations in refugee protection, and the debate over refugee resettlement. The grade will be based on class participation, written responses and practical exercises, paper presentations, and a final paper.
ITGL 0748. REFUGEE AND MIDDLE EAST POLICY II. (2 Credits)
This seminar is open to students who completed the Fall 2013 course Refugee Law and Policy. Students will work on one of two projects. One group will explore reforms to U.S. overseas refugee adjudications in light of newly released, comprehensive records and data from the U.S. refugee admissions program. The other group will research U.S. refugee resettlement as a response to the Syrian refugee crisis. Students may participate in a fact-finding trip to Jordan. In class, students will discuss relevant topics in refugee law, including access to counsel, the strategic use of resettlement, the law of "material support," and reforms to refugee adjudications. The grade will be based on class participation, research memos, class presentations, and a final group report.
Prerequisite: ITGL 0747.
ITGL 0778. ADVANCED CROWLEY SEMINAR. (2 Credits)
ITGL 0781. INTERNATIONAL OIL & GAS LAW. (2 to 3 Credits)
ITGL 0782. GLOBAL PERSPECTIVE ENTREPRENEURSHIP LAW. (3 Credits)
This course provides an introduction to the theory and practice of entrepreneurship law from a global perspective, as well as a critical analysis of how entrepreneurship supports and complements human rights and civil society efforts. It includes perspectives on the rise of entrepreneurship associated with the global economy, technology, automation and changing labor opportunities. Topics include the role of entrepreneurship in a global economy, corporate social responsibility, disruptive technologies, microbusiness, social business, social entrepreneurship, the creative economy, sustainable local economies, cooperatives and shared work, and inclusive entrepreneurship. The course will also cover the role of transactional lawyers in representing entrepreneurs and the legal structures that promote profit alongside sustainable economic and human development.
Attributes: JD, LLM.
ITGL 0807. GLOBAL AML/CTF: BRIBERY AND CORRUPTION. (2 Credits)
ITGL 0875. IMMIGRATION, ENFORCEMENT AND PROTECTION. (1 Credit)
Immigration, Enforcement, and Protection will immerse students in current issues in immigration enforcement and refugee protection in the United States through an academic and experiential component. For the first week of the Winter Term, students will participate in a seminar that explores the unique legal landscape applicable to the border region of the United States through the lens of two dominant but competing policy frameworks in immigration law: international protection and domestic law enforcement. The course will introduce students to key provisions of domestic and international law that assign and restrict the power of federal and state government actors, citizens, and noncitizens in the border region and at ports of entry. It also will examine policy choices related to protection and enforcement with a focus on civil immigration detention and expedited removal proceedings. Students will spend the second week of the Winter Term in Dilley, Texas, working under the supervision of the course instructor and licensed attorneys at Texas Rio Grande Legal Aid ("TRLA"). Students will apply their academic coursework to supervised, limited-scope representation of asylum-seeking families in expedited removal proceedings. Through the seminar component, the course aims to prepare students to think critically about their observations and experiences on-the-ground and to contextualize those observations and experiences within the broader framework of the rule of law at the southern border. By placing them in Dilley under the supervision of TRLA attorneys and Fordham faculty, the course aims to develop students' client counseling and advocacy skills while exposing them to creative, crisis lawyering and providing desperately-needed legal services to a vulnerable population. Students will spend 12.5 hours in the seminar and will perform at least 45 hours of on-the-ground work and given the demands of on-the-ground advocacy very likely more. To meet the requirements of an experiential course, students will be required to set goals during the seminar and write self-reflective assignments and keep a regular journal during the field component in Dilley, Texas. Spanish-language ability is preferred, but not required.<p> For the fieldwork, students depart Saturday, January 6th, and return Saturday, January 13th. The Feerick Center arranges for and pays for flights from New York City to Texas and back to New York, ground transportation in Texas, and accommodations in Dilley, Texas but not students' food expenses. Acceptance in the course is subject to Feerick Center approval. Registrants will receive instructions after they submit the Winter Registration Form.
Attributes: INLJ, LAWJ, LLM.
ITGL 0876. GLOBAL BUSINESS, NATIONAL SECURITY & LAW. (1 Credit)
This course will examine the nexus of national security interests and the fight against financial crime, namely the use of economic sanctions and anti-money laundering initiatives to deprive criminal enterprises and terrorists of access to the US financial system. The course will also examine the challenges that global corporations face in trying to abide by the laws involving economic sanctions, second order liabilities, and Foreign Corrupt Practices Act issues. The course will discuss key agencies, including the NSA and DHS, with a focus on the Department of Treasury’s Office of Foreign Asset Control and Financial Crimes Enforcement Network, their mandates and the unique role financial institutions play in executing on those mandates, as gate-keepers to the U.S. financial system. Readings will include a selection of enforcement cases, articles and regulatory guidance that demonstrate how national security policy objectives are dependent, at least in part, on the effective deterrence and detection of financial crime.
Attributes: CRCP, INLJ, LAWI, LAWJ, LLM.
ITGL 0895. INTERNATIONAL BUSINESS NEGOTIATIONS: A SIMULATION WITH CARDOZO SCHOOL OF LAW. (3 Credits)
This course is structured around a semester-long, simulated negotiation exercise which is intended to provide an in-depth study of the structuring and negotiating of an international business transaction. This class will be taught in counterpart with a class at Cardozo Law School. Students in this class will represent a U.S. pharmaceutical company, and the students in the class at Cardozo will represent an African agricultural production company. The two companies are interested in working together to exploit a new technology developed by the pharmaceutical company that uses the cassava produced by the African agricultural production company. The form of their collaboration could be a joint venture, a licensing agreement or a long term supply contract. The negotiations between the two classes will take place through written exchanges and through real-time negotiations which will be conducted in face to face meetings, alternating between Fordham and Cardozo. <p> The purpose of the course is to provide students with an opportunity (i) to experience the sequential development of a business transaction over an extended negotiation, (ii) to study the businesses and legal issues and strategies that impact the negotiation, (iii) to gain insight into the dynamics of negotiating and structuring international business transactions, (iv) to learn about the role that lawyers and law play in these negotiations, (v) to give students experience in drafting communications, and (vi) to provide negotiating experience in a context that replicates actual legal practice with an unfamiliar opposing party (here, the students at Cardozo). Students will also learn about the legal and business issues that may arise in joint ventures, supply agreements and licensing agreements. <p> The thrust of this course is class participation and active involvement in the negotiations process. Students are expected to spend time outside of class, working in teams, to prepare for class discussions involving the written exchanges, as well as preparing for the live negotiations. Class discussions will focus on the strategy for, and progress of, the negotiations, as well as the substantive legal, business and policy matters that impact on the negotiations. <p> This class will meet on Thursdays from 6:00 to 8:50. NOTE: Since some of the Thursday live negotiations will take place at Cardozo, students will need to allow for commuting time; it will also be important to be at all negotiating session somewhat early to set up and be ready to begin promptly. It should also be noted that negotiation sessions may not end precisely at 8:50; if negotiations are robust, a session may run over to allow for a natural end of discussions. Finally, the last negotiation session will be scheduled for four (4) hours, with the last hour reserved for a collective “debrief” between the students in both classes. <p> SCHEDULED NEGOTIATIONS WITH CARDOZO:<br> Sept. 28: 6-8:50PM <br> Oct. 12: 6-8:50PM <br> Oct. 26: 6-8:50PM <br> Nov. 9: 6-8:50PM <br> Nov. 16: 6-9:50PM (1 additional hour)
ITGL 0906. COMPARATIVE FINANCIAL REPORTING. (2 Credits)
It was not long ago when every jurisdiction had its own financial reporting standard and multinationals had to convert the financial reports from one jurisdiction to another in order to determine its value and how much profit was made globally. How about we say, in today’s globalized world, there is a private international organization setting the standards for the world and various jurisdictions adopt those standards in the name of harmonization? Private international standard setting is on the rise as the globalization forces nations to be more receptive and adaptive to what the rest of the world is doing. International Financial Reporting Standards (IFRS) are a good example of how a private international NGO sets the standards for the world. Today, over 120 countries use IFRS. The US for instance, have not yet adopted IFRS and insists on using its own standards (US GAAP) while from Europe to Canada and Australia, almost all major economies of the world are already using IFRS. Yet, convergence projects between US GAAP and IFRS have been going on for over a decade and made US GAAP closer to IFRS more than ever. In addition, many foreign companies listed in the US stock exchanges are reporting under IFRS as the SEC is allowing the use IFRS for foreign listed companies since 2007. This course is designed to look at financial reporting from various angles from understanding the basics of financial reports and why are they needed, to looking at how private international standard setting works and who sets those standards. Comparative Financial Reporting will supply students with a legal perspective on the processes of standard setting and financial reporting. This seminar may be particularly interesting to students considering a career focusing on multinational corporations and for those interested in private international rule making. There will be no final exam. Instead, students will be asked to submit a paper at the end of the semester which can be used to fulfill the writing requirement. The paper and class participation will make up the final grade. Reading assignments will be excerpts from various books, reports and law review articles, specific pages to be assigned in due course. Assignments will be available at the Blackboard.
Attributes: CRCP, JD, LAWI, LLM.
ITGL 0936. ANTITRUST-INTL CROSS BORD MERG. (2 Credits)
Handling an International Cross-Border Merger involves more than just knowing the law. To get a deal negotiated, signed and cleared starts with a knowledge of the law and the regulators, but also requires a sense what arguments will work best, when, and with whom. This course examines the business, regulatory, and legal factors that all come into play in getting an international merger negotiated, signed, filed, cleared by antitrust authorities, and closed. We use the actual merger documents and filings used by the parties in the United States and the European Union in a major, multinational acquisition as our working papers. We also use internal client memoranda to consider the client-centered business issues (in addition to the strictly legal ones) involved in mergers and acquisitions. The course starts with an exploration of why companies merge, acquire or divest businesses, to understand what is important to the client in a deal. After a quick review of the governing legal standards, we then move on to the actual filings themselves, including the issues that the regulators raise, why they raise them, and how counsel responds. Finally, we reach the stage of remedies and decrees, including what to divest, how, and where.
Attributes: ICE, LAWB, LAWI, LLM.
ITGL 0950. INTRODUCTION TO THE UNITED STATES LEGAL SYSTEM FOR MSL STUDENTS. (1 Credit)
This course, designed for MSL students, examines the principal features of the U.S. legal system, including federalism the structure and operation of the national government the federal and state judicial systems the use of precedent, methods of reading, analyzing, and synthesizing case law and dispute resolution. <p> The course will be taught on-line, with a few sessions held in the evenings. Online lectures will be available in early August. Students should plan to complete the lectures and required readings before the start of the regular semester. <p> Students will be evaluated on the basis of an examination to be administered early in the semester.
ITGL 0963. CRIMMIGRATION:THE INTERSECTION OF IMMIGRATION & CRIMINAL LAW & PROCEDURE. (2 Credits)
The course will focus on the historical and legal relationship between criminal and immigration law. First, we will discuss substantive immigration law and how it relates to the criminal system. The goal of this part of the course is to provide the student with an understanding of the immigration consequences of criminal conduct and how the student can navigate through the criminal system to best assist the non-citizen. The second part of the course will focus on immigration process and procedure, including removal proceedings and detention, and provide the students with an understanding on how to best represent the non-citizen before the immigration authorities.
ITGL 0991. MONETARY UNION & EURO CRISIS. (2 Credits)
ITGL 0992. PROTECTION OF SEXUAL ORIENTATION AND GENDER IDENTITY UNDER INTERNATIONAL HUMAN RIGHTS. (2 Credits)
This course will explore the protection of LGBTI persons under international human rights law and how sexual orientation and gender identity have been addressed through international and regional mechanisms. In particular, we will analyze specific rights protections identified by key human rights treaty bodies, as well as how these issues have been addressed by the Human Rights Council through various resolutions, the Universal Periodic Review process, and reporting by Special Procedures. We will also compare these approaches to those taken through regional mechanisms such as the Inter-American, European, and African systems. We will use these frameworks to assess rights protections pertaining to such issues as violence against LGBTI persons, criminalization of same sex activity, marriage and same sex relationship recognition, gender markers in government documentation, and equal access to housing, employment, education, and public accommodations. Paper required.
Attributes: ICE, LAWJ.
ITGL 1017. GLOBAL BUSINESS, NATIONAL SECURITY AND THE LAW. (1 Credit)
This course examines the nexus of national security interests and the fight against financial crime, namely the use of economic sanctions and anti-money laundering initiatives to deprive criminal enterprises and terrorists of access to the US financial system. It looks also to examine the challenges that global corporations face in trying to abide by the laws involving economic sanctions, second order liabilities, and FCPA issues. We will discuss key agencies of government including the NSA and DHS, with a focus on the Department of Treasury’s Office of Foreign Asset Control and Financial Crimes Enforcement Network, their mandates and the unique role financial institutions play in executing on those mandates, as gate-keepers to the US financial system. Readings will include a selection of enforcement cases, articles and regulatory guidance which demonstrate how national security policy objectives are dependent, at least in part, on the effective deterrence and detection of financial crime.
ITGL 1359. INTERNATIONAL BUSINESS TRANSACTIONS IN SPANISH. (2 Credits)
ITGL 1442. HUMAN RTS (Summer Ireland). (2 Credits)