International Law (ITGL)

ITGL 0101. Introduction to United States Legal System and Process. (2 or 3 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.

Attribute: LLM.

ITGL 0103. Perspectives in United States 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 0121. U.S. Legal System and Law Study. (3 Credits)

ITGL 0123. Law Practice Fieldwork for Graduate Students. (1 to 2 Credits)

Fieldwork graded as credit/no credit.

Attributes: EXP, LAW, LLM.

Prerequisite: ITGL 0226 (may be taken concurrently).

ITGL 0203. International Trade Law. (2 to 4 Credits)

The flow of goods and services around the world is made possible by rules. Economic globalization is the product of hard-fought negotiations between states over rules, limits, and exceptions. This course explores the products of those negotiations – international trade law. Over the course of the semester, we will explore why states negotiate trade agreements and the economics and politics that shape them. We will focus, in particular, on the multilateral trade system embodied in the World Trade Organization (WTO) – its history, shape, and rules. The course will offer you an in-depth, practical knowledge of substantive WTO law necessary for practice. It will address the basic principles of trade in goods and trade in services, as well as some of the more specialized WTO agreements on, for example, health measures, investment, and subsidies. From a more procedural side, the course will pay close attention to the unique WTO mechanism for the solution of trade disputes, with special reference again to recent and ongoing cases. But the course will also you to think critically about the current content of those rules. Who benefits most or least from WTO rules? Do WTO rules strike the right balance between the interests of developed, developing, and least developed states? Do WTO rules strike the right balance between economic prosperity, health, human rights, the environment, and national security? Most of all, why do states and others fight over trade law? Although the focus of this course is the law of the WTO, we will consistently ask where trade law fits or should fit within the broader field of international law, now and in the future.

Attributes: CORC, ICF, LAWI, LLM.

ITGL 0204. Asian Americans and 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 and Pacific Americans (APA) 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 and (1) a research paper or (2) a series of reaction papers to assigned readings. The research paper satisfies the Law School's written work requirement. There is no final exam.

Attributes: INLJ, PIE.

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 parties including practical advice on how to manage a litigation having connections to multiple jurisdictions. At the outset of the course, students will be presented with a fact pattern involving a foreign company being sued for product liability in the United States. Students will take on the role of the law firm hired by the foreign company to handle this complex, multi-jurisdictional litigation. The course will follow this litigation from the filing of complaints throughout the United States all the way through trial and appeal. Specifically, students will learn and discuss issues such as jurisdiction, evidence, discovery (including e-discovery), and class actions. Students will be presented with issues that arise at various stages of an American litigation and understand strategic considerations and techniques for managing these issues. 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 0224. Current Issues in International Human Rights. (2 Credits)

This seminar will make an in-depth consideration of a range of the most challenging human rights issues facing the world today. Among this may include: repression of Uyghurs in Xinjiang, human rights and climate change, the current situation in Hong Kong, the plight of the Rohingya in Myanmar, and mass incarceration and treatment of migrants by the US. The course will begin with an introduction/refresher concerning international human rights law. Students will be expected to write a research paper concerning one of the topics covered, or one of their choice.

Attribute: ICE.

ITGL 0226. Law Practice Seminar for Graduate Students. (1 or 2 Credits)

This seminar will explore various topics related to law practice and developing a robust and sustainable legal professional persona. The seminar will begin with a discussion of goal setting, a theme that will be revisited throughout the seminar. In addition, the seminar will focus on three broad features of defining and developing a professional persona: (1) Building blocks—(un)conscious (in)competence, habit formation, intelligence for lawyers, and leadership; (2) self-management (mindset and dispositions), time management and organization, and wellbeing and sustainability; and (3) relationships—working with others, talent management, effective communication, and your public professional persona. The course will conclude with student presentations reflecting on what they learned in developing their professional persona over the course of the fieldwork and seminar. This course is open by permission only. Permission will be granted only to students who have secured externship placements and received approval from Anthony Agolia to receive externship credit for the placement. Students must simultaneously be registered for the 2-credit Graduate Externship Fieldwork. This course will be graded on a Credit/No Credit basis. Professor Marcella Gurgel will be visiting guest lecturer.

Attributes: EXP, LLM.

Prerequisite: ITGL 0123 (may be taken concurrently).

ITGL 0227. Transnational Rep & Advocacy. (2 Credits)

This course will provide students the opportunity to hone their advocacy skills in the realm of transnational dispute resolution from the perspective of the advocate. The course will consider the role of New York state and U.S. federal courts in adjudicating disputes involving conduct that occurred abroad. The course will also consider the role of international arbitral tribunals in adjudicating disputes involving parties of different jurisdictions and will also discuss how to settle disputes involving foreign investors (commonly referred to as “Investor-State Dispute Settlement”). The course will discuss the most effective techniques for researching and drafting memoranda, briefs and memorials before New York courts and arbitral tribunals; and will help students become effective oral advocates in their future professional careers. Finally, the course will consider the ethical issues that arise in representing clients involved in transnational litigations. Readings will include relevant statutes and procedural rules; treaties and other sources of international law; judicial opinions; and arbitral awards.

Attributes: ICE, LAWJ, LIDR, LLM.

ITGL 0231. International Litigation and Arbitration. (3 Credits)

This course will examine a number of different themes that arise in U.S. civil litigation relating to international litigation and arbitration, such as choice of law, jurisdiction, discovery abroad, foreign sovereign immunity, and the enforceability of foreign judgments and arbitral awards. Each student will be responsible for one reaction paper and presentation on a week's reading, as well as a final appellate brief and an accompanying moot appellate oral argument.

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, PIE.

ITGL 0235. International Litigation & Arb. (3 Credits)

Attributes: ICF, LAWI, LDF, LIDR, LLM.

ITGL 0260. National Security and the Rule of Law in 21st Century America. (2 Credits)

This course looks at the evolution of U.S. national security law and policy in the 21st century. We will look at wars abroad, extremist violence at home, and the laws, norms and policies that have evolved to address threats to safety and security in the United States. We will study the role of the president, the executive branch, Congress and the courts and the challenges they face in ensuring stability and security for the country. Class readings and discussions will focus on the structural and institutional entities designed to protect national security, the laws and norms pertinent to ensuring security, the tensions between national security policies and constitutional protections, the challenge posed by foreign influences, and more. This class can be used to fulfill the writing requirement.

Attributes: INLJ, JD, LLM, LWR.

ITGL 0261. National Security Law and 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: ICE, IPIE, JD, LLM.

ITGL 0305. Human Rights in Africa. (2 Credits)

This module provides a critical examination of structures and processes of the African regional system and its role in the promotion and protection of human rights. It considers contemporary human rights institutions within the African Union more especially the work of the African Commission and the African Court. The course also focuses on various normative frameworks mainly the African Charter on Human and Peoples’ Rights, and other instruments for protection of special groups such as women, children, refugees, and LGBTIQ+ people. The overall aim of the course is to enable students to critically engage with core and distinctive features of the African human rights system; and assess how principles and processes of the African human rights system fulfil their purposes. Paper required.

Attribute: INLJ.

ITGL 0307. Emergency and the Rule of Law. (2 to 4 Credits)

This is a class about judicial review during times of emergency. Students will explore an array of recent court decisions involving major questions of national security and immigration policy. Students will first explore a number of Supreme Court and appellate rulings after the 9/11 attacks, focusing on the detention and prosecution of terror suspects at Guantanamo Bay and related matters concerning their safe return to third countries and their rights to access U.S. courts while on and off the Base. Students will also explore an array of immigration-related issues that include detention, prosecutorial discretion, and relief from deportation, as well as the Trump Administration’s rescission of Obama-era deferred action programs, the Trump Administration’s call for efforts to control migration through a border wall, and its more recent interpretations of U.S. asylum law. These issues will be explored through case law, statutes, court papers, and a rich law review literature. In addition to analyzing these questions from the position of legal doctrine and theory – including the relationship between procedural and substantive law and the different ways that horizontal and vertical separations of power can shape court review – students will also employ the tools of courtroom litigators by learning how advocates marshal non-traditional arguments when approaching new and intractable legal problems for their clients. This latter, more granular inquiry will explore features of complex litigation and the practical skills lawyers use in representing clients, including points of trial and appellate practice, litigation strategy, and legal ethics. There are no prerequisites. This course is recommended for those interested in administrative law, constitutional law, immigration law, and national security law. There will be a take-home exam at the end of the semester.

Attributes: ICE, INLJ, PIE.

ITGL 0320. Admiralty and 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 Entrepreneurial Law. (2 to 3 Credits)

Comparative Entrepreneurial Law will provide a critical perspective on the role the law plays in affecting entrepreneurship across the globe. We will explore the legal challenges of forming, protecting, and funding a startup; the impact of various laws on supporting or hindering innovation; and the extent to which jurisdictional variations in such laws affect the growth of entrepreneurship in those jurisdictions. This course will examine these questions by comparing the laws of the United States and Ghana—two countries with vibrant entrepreneurial ecosystems.

Attributes: ICF, INLJ, LLM.

ITGL 0322. Nuclear Weapons and 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 aspirations and the 2015 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 July 7, 2017 Treaty on the Prohibition of Nuclear Weapons; the risks of further nuclear proliferation and collapse of the NPT regime; the U.S. withdrawal from the Intermediate-Range Nuclear Forces Treaty; the United States’ continuing reliance on nuclear weapons notwithstanding its substantial hegemony 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 is a paper course and students are required to present their papers in class. The assignments will primarily consist of readings from 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 2020) (to be provided electronically). This course can be used to satisfy the writing requirement.

Attributes: ICE, INLJ.

ITGL 0332. International Mergers and Acquisitions. (1 Credit)

This course provides an overview of, and insight into, the issues and complexities associated with cross border mergers and acquisitions. Course materials focus on comparing and contrasting relevant U.S. and European law and regulation (including the fiduciary duties and responsibilities of Boards of Directors in different jurisdictions), understanding the components of acquisition agreements and examining the differences between friendly and hostile takeovers. Class lectures and discussion use significant recent case studies that the lecturers have worked on to explore the M&A dynamic from the perspective of a deal lawyer participant. Many of the case studies involve transatlantic transactions covering U.S. as well as European legal and regulatory issues and considerations. The class will also discuss and debate M&A tactics as well as important ethical considerations encountered in the day to day life of an M&A practitioner.

Attributes: LAWB, LAWI, LLM.

ITGL 0343. Comparative Constitutional Law and Challenges to Democracy. (2 or 3 Credits)

The course will cover various topics of comparative constitutional law, focusing on one issue each week. Issues will include free speech, drunk driving, elections, courts, gay marriage, emergency powers and response to the pandemics, protection of fundamental rights and liberties, and judicial review. We will also explore how constitutional systems change, both by amendments to the constitutions’ text and through the interpretation. We will look into questions such as: (1) Where should the limits of hate speech be? (2) Should DUI offenders have the right to have their drunk driving histories erased? (3) Is solving electoral disputes in courts helpful or dangerous for the integrity of elections? (4) Where should the limits be regarding transparency of government and the judiciary (5) What are the current trends in constitutions worldwide? The course will be taught by a lawyer who has worked as a consultant to governments or international organizations OSCE, European Union, Council of Europe, Greco, and UNDP in Uganda, Canada, United States, France, Finland, Latvia, Monaco, Malta, Romania, and elsewhere. He led successful impact litigation projects in national and international courts. Students will be graded based on a paper on a chosen topic relevant to comparative constitutional law (six to ten pages, 80% of the grade) and active class participation.

Attributes: CRCP, ICE, INLJ, JD, LAWJ, LLM.

ITGL 0344. Comparative Corporate Governance. (2 Credits)

This course examines the wide variety of corporate ownership and governance structures around the world from the prospectives of law, finance, and markets. Selected topics will include controlling shareholder versus dispersed shareholder regimes, Chinese state capitalism, mergers, and corporate finance. Legal rules will be situated in the context of national legal institutions and prevailing political economies.

Attributes: ICE, 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, LLM, PIE.

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 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 scheduled in-person final exam. Student attendance and participation will also be taken into consideration for the final grade.

Attributes: ICF, LAWB, LAWI.

ITGL 0360. Multinational 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 and 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. (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. 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 0371. Human Rights and Resolving Conflict in Northern Ireland. (3 Credits)

A look at how the human rights regime and conflict resolution principles affect Northern Ireland, past present and future. This is a 10-day course in which Week 1 (June 6-10) is at Queens University Belfast and Week 2 (June 13-17) is at the University Colege of Dublin as part of the Ireland Summer Program.

Attribute: ICE.

ITGL 0395. Corporate Sustainability, Transnational Business, and 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: CORC, CRCP, ICE, INLJ, LAWB, LAWI.

ITGL 0402. European Corporate and Securities Law. (2 Credits)

The course offers a comparative overview on basic principles, rules and precedents of European Corporate and Securities law. We will start with a short introduction into the difference between European law and the laws of national member states. Next, we will go through the law governing each corporate governance actor: boards, shareholders, and the general assembly. We will work on case studies concerning, for example, capital increase, shareholder minority rights, institutional and activist shareholders, and competences of the general assembly. We will then move on to main principles of EU securities law, namely prospectus and disclosure rules, insider trading, and securities fraud. Case studies on an “initial coin offering”, on inside information and securities fraud will be discussed in class. Prerequisite/corequisite: Corporations .

Attributes: ICE, LAWB, LAWI, LLM.

Prerequisite: (BUGL 0201 (may be taken concurrently).

ITGL 0420. International Migration Law and Refugee Law. (2 Credits)

ITGL 0441. International Commercial Arbitration. (2 to 3 Credits)

The course will cover the law and practice of international commercial arbitration through casebook readings, lectures and classroom discussion. The topics covered by the course will include the content and effect of the arbitration agreement, authority to arbitrate, arbitrator qualifications, independence and impartiality, appointment of and challenge to the arbitrators, the arbitral proceedings, choice of law in arbitration context and enforcement of and challenges to the award. The student's grade for the course will be based on a final exam, subject to adjustment up or down by one grade level (e.g., B+ to A- or vice versa) for class participation. The learning outcomes for the course are: (i) understand the legal framework for arbitration for the resolution of cross-border commercial disputes, including arbitral authority, the role of courts, ethical considerations, challenging and enforcing awards and (ii) gain familiarity with the main phases of an international arbitration.

Attributes: ICE, LDE, LIDR, LLM.

ITGL 0442. Human Rights Law. (2 to 4 Credits)

This is the core course in the Law School's human rights curriculum. The course examines issues ranging from mass atrocities to hate speech to economic rights, racial injustice, sex equality, LGBTQA+ rights, and more—whether in wartime or peacetime. 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, basic international and regional human rights instruments, oversight, and enforcement institutions (including remedies under international, regional, and domestic law). This course also interrogates human rights in comparative perspective, including, specifically, in the context of racial and ethnic inequality, gender, individuals in LGBTQA+ communities, and refugees. It also considers the relationship between international criminal law, international humanitarian law, and human rights law. Additionally, the course analyzes the human rights responsibilities of business enterprises, including tech platforms, as well as in other areas regarding non-state actors, such as with the protection of rights in the context of counterterrorism efforts. Overlaying these various themes, we’ll also explore the influence of politics and power on human law.

Attributes: ICF, INLJ.

ITGL 0444. Human Rights and Corporate Social Responsibility. (3 Credits)

This course will focus on international human rights law and practice and how the human rights framework applies to business. The class sessions will be divided into three parts: (I) Foundations of human rights; (II) Business and human rights; (III) Implementation challenges of business and case studies of human rights issues in different industries, including academia. There will be one course paper due at the end of the term. A short draft outline will be due in the middle of the term. The assigned readings are drawn from legal and policy writing, news articles and several business case studies. Part of your grade will be based on class participation; you will be expected to have a basic familiarity with the assigned reading and make reference to it in class discussion.

Attributes: INLJ, LLM.

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.

Attributes: ICE, LLM.

ITGL 0501. Market Structure Regulation, Trading and Risk Management. (2 or 3 Credits)

This course examines the advancement and operations of trading (particularly high frequency or quantitative trading) in the context of its regulatory framework and market structure. Emphasis is placed on learning how to architect resilient and scalable technological, legal, risk, and compliance programs to properly design, monitor, manage, and supervise trading environments. The course explores algorithmic trading strategies, high frequency trading, dark pools, and what happens when things go wrong from accidental (flash crashes, firm disasters) and intentional perspectives (market manipulation, rogue trading). Case studies and enforcement actions are used to analyze real situations, navigate market structure, fulfill regulatory requirements, and be equipped to “manage the machines.” .

Attributes: CORC, CRCP, LAWB, LLM.

ITGL 0510. Antitrust and Big Tech. (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: 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 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 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. (Writing requirement can be satisfied with this course.)

Attribute: ICE.

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. United States 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 0621. International Law and the Russia-Ukraine Crisis. (2 Credits)

Course description: Russia’s invasion of Ukraine in February 2022 triggered a global crisis on many fronts: including aggression, war crimes, occupation, sanctions, civil reparations, international adjudication before various tribunals, and alliance politics. The evolution and resolution of these legal issues promise to shape important landscape elements of international and transnational law for many years to come. This seminar explores those elements and what the crisis teaches about the role of international law in addressing and resolving crises. The instructor, formerly Legal Adviser and Assistant Secretary of State for Human Rights at the US Department of State and long-time teacher and scholar of international law, represents Ukraine in two of its ongoing cases against Russia before the International Court of Justice. Sessions will include expert guest speakers and student presentations. Enrollment is limited to twenty students. Grade will be based on class participation and class presentation, and either a scheduled 2 hour take-home exam or 20 pp. paper.

ITGL 0650. National Security: War, Crime and the Rule of 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 0691. International Commercial Law Seminar. (2 Credits)

This seminar covers a broad range of private law topics that often emerge in transnational trade and business. Each topic would be considered from an international or transnational perspective: insolvency law; secured transactions (or commercial finance) law; consumer protection (especially consumer financial protection) law; sales law; payments law; transport law (including shipping, air and road transport); recognition and enforcement of judgments; arbitration and conciliation; and e-commerce. This seminar will be taught from a systems approach, which looks to embed learning about areas of the law from the perspective of the economic and political context in which these laws are produced, implemented and enforced.

Attributes: LAWB, LAWI, 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: CORC, ICE, INLJ, LAWI, LWR, PIE.

ITGL 0747. International Refugee Law and Policy. (2 Credits)

This course examines refugee law in both theory and practice. The first half of the course will look at the principles of refugee law, examining 1) the refugee definition; 2) procedures to determine qualification; and 3) rights and responsibilities during the course of such procedures. The second half of the course takes a practical approach in examining States’ responsibility to grant access to refugee protection, and the policies and practices commonly employed to deflect that responsibility. The course will cover recent measures by the US and EU including safe third country designations and agreements. The course seeks to engage students in reflection and discussion. The grade will be based on class participation, interim written reflections and exercises, and a final paper.

Attributes: ICE, INLJ, PIE.

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 0800. Contracting in International Development: The UN and Beyond . (2 Credits)

This course will review issues of contracting as applied to the field of international development. The course will focus on how development partners (the UN in particular) use different contract modalities as a tool to implement development projects around the world. Students will learn from Benedetta Audia, Corporate Legal Advisor and Head of Commercial and Institutional Law Practice at UNOPS.

Attributes: INLJ, LAWI, LLM.

ITGL 0802. International Disputes and Investigations. (2 Credits)

This course explores the challenges faced by attorneys in managing international and investor-state disputes, particularly those that arise against the backdrop of investigatory proceedings in the U.S. (brought by the DOJ, SEC, etc.) and/or abroad. The course will examine key aspects of managing parallel civil and criminal proceedings in New York state and U.S. federal courts. The course will also consider the use of international arbitration in commercial disputes involving parties of different jurisdictions and those involving foreign investors (commonly referred to as "Investor-State Dispute Settlement"). The course will further explore the potential role of tribunals created under public international law (including human rights law) when faced with adverse state action. Compliance issues that may arise from parallel cross-border litigations and/or international arbitrations and criminal investigations (i.e., cyber-attacks) will be considered throughout the course. This course will provide students the opportunity to hone their advocacy skills in the realm of transnational dispute resolution from the perspective of the advocate. The professors will discuss the most effective techniques for researching and drafting memoranda, briefs and memorials before New York courts and arbitral tribunals with the goal of helping students become effective advocates in their future professional careers. Readings will include statutes and procedural rules treaties and other sources of international law and judicial opinions.

Attributes: LAWI, LIDR, LLM.

ITGL 084. IMMIGRATION, ENFORCEMENT, 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. 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 .

Attribute: LLM.

ITGL 0875. Immigration, Enforcement, and Protection. (1 Credit)

Attributes: INLJ, LAWJ, LLM.

ITGL 0876. Global Business, National Security, and the 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. 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. 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. 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. SCHEDULED NEGOTIATIONS WITH CARDOZO: Sept. 28: 6-8:50PM Oct. 12: 6-8:50PM Oct. 26: 6-8:50PM Nov. 9: 6-8:50PM Nov. 16: 6-9:50PM (1 additional hour)

Attribute: LAWI.

ITGL 0936. Antitrust-Intl Cross Bord Merg. (2 Credits)

Large, complex transactions often raise substantive antitrust issues in multiple countries. Understanding how the antitrust enforcers in these jurisdictions approach these issues, and interact with one another is critical to successfully guiding a deal to closing. In this course, we will explore how antitrust enforcers in a number of key jurisdictions (including the U.S., EU, UK, China and others) evaluate mergers as well as related issues. We will cover how the agencies are structured, typical timelines, approaches to a variety of substantive issues and strategic considerations in working with multiple antitrust agencies and advising clients. We will not use a case book, rather, we will rely on real-world examples and current events for readings and to guide our discussion. We will also have jurisdictional “experts” and practitioners join us throughout the course to provide their unique first hand insight on select jurisdictions. Because there is so much going on in the antitrust M&A world at this point in time, we will expect everyone to keep abreast of relevant antitrust news and events, so we can discuss hot-button issues in class on a real time basis. A background in antitrust is not required for this course.

Attributes: ICE, LAWB, LAWI, LLM.

ITGL 0950. Introduction to the United States Legal System for M.S.L. 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. 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. Students will be evaluated on the basis of an examination to be administered early in the semester.

ITGL 0952. Dept of Just & Natl Sec. (2 Credits)

ITGL 0963. Crimmigration: The Intersection Of Immigration, Criminal Law, and 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.

Attributes: INLJ, LLM, PIE.

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 0995. Introduction to US Legal System & Legal Study. (3 Credits)

ITGL 0996. Laws of War. (3 Credits)

ITGL 1101. Introduction to the United States Legal System and Process. (3 Credits)