Course Descriptions

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Spring 2018 International Law Class Descriptions

Bus Transactions in the People's Republic of China (LWBC546)

Instructor(s): Ralph Folsom

3 credit(s), Letter Graded
Requirement(s): Writing
Concentration(s): International Law, LLM in International Law, Business and Corporate Law, LLM in Business and Corporate Law

This course focuses on inbound and outbound sales, licensing and foreign investment transactions related to the PRC, including negotiations, regulations,dispute settlement and the law, legal system and politics of the PRC and Hong Kong SAR. A research paper suitable for the Law School's writing requirement is mandatory.

Comparative Con Law (LWIC515)

Instructor(s): Laurence Claus

3 credit(s), Letter Graded
Requirement(s): Writing
Concentration(s): LLM in International Law, International Law

This course considers how sophisticated political systems limit and channel the exercise of governmental power. We do this primarily by taking the great issues of American constitutional law and asking how those issues are treated elsewhere. The course is open to all upper-class students, and may be taken concurrent with Constitutional Law. A research paper is required.

European Union Commercial Law (LWIC522)

Instructor(s): Staff

1 credit(s), Letter Graded
Concentration(s): LLM in International Law, Intellectual Property Law, International Law, Intellectual Property, Business and Corporate Law, LLM in Business and Corporate Law

As business is becoming more international so must the law and lawyers. In a world of international trade and transactions companies and their advisers need to have a global legal horizon. Until quite recently, it would not have made any practical sense to talk about an “EU commercial law”. However, due to the ongoing harmonization of the law of the EU countries a body of truly common European law is emerging from the melting pot of the national laws and traditions and EU institutions and courts. The course draws on the results of 30 years of continued and ongoing EU harmonization to provide US law students with an overview of some of the central aspects of European commercial law. The course focuses on the practical legal problems facing an American enterprise doing business in Europe but at the same time provides for a basic understanding of the EU legal framework. After a brief general introduction to EU law the course falls in two parts. Part I deals with the transfer of goods and covers such topics as general contract law (PECL Principles of European Contract Law), the EC directive on Unfair Contract Terms, and the EC directive on Products Liability. Part II deals with the trade in intangible rights notably patents and trademarks. This part opens with a general presentation of the European systems for the protection of inventions and trademarks. It then moves on to discuss aspects relating to the exercise of those rights in regard to the Treaty rules on the free movement of goods (“parallel importation” and the principle of “exhaustion of rights”) and to tech-trans agreements and other issues involving competition law. The course requires no prior knowledge of European law.  There will be a final exam scheduled in March.

Global Antitrust (LWBC566)

Instructor(s): Staff

3 credit(s), Letter Graded
Requirement(s): Writing
Concentration(s): Intellectual Property Law, Business and Corporate Law, LLM in International Law, International Law, Intellectual Property, LLM in Business and Corporate Law

This course introduces students to antitrust law in leading jurisdictions worldwide. As economies become increasingly global, U.S. and other businesses can be directly and indirectly affected by these laws, including especially laws outside the U.S., which are materially more restrictive than corresponding U.S. law. The course is designed to provide students with at least rudimentary familiarity with basic concepts, as well as approaches to utilize with business clients regarding their operations and expectations. In addition, the course will cover the impact of politics, industrial policies and the enforcement process, all of which are often determinative in lieu of antitrust principle and evidence.

Note: There are limitations on Intellectual Property (JD) concentration eligibility. Please check the Intellectual Property Concentration web page for more information.
Additional Information: Intellectual Property Concentration (JD)

Immigration Clinic I (LWVL530)

Instructor(s): Sandra Wagner

2-4 credit(s), H/P/L/F Graded
Requirement(s): Experiential
Concentration(s): LLM in International Law, International Law, Public Interest Law

Students gain practical experience through interviewing, counseling, and representing clients with immigration-related problems. Students have the opportunity to assist clients with a range of immigration issues such as naturalization, lawful permanent residency, derivative citizenship, deferred action, and U-visa and VAWA for domestic violence and abuse victims. Students may attend U.S. Citizenship and Immigration Services interviews related to their client’s applications. Students may also attend and participate in community immigration outreach. Weekly meetings are held with the clinic supervisor and other interns to discuss immigration law, practical application and casework. The clinic is graded on a 4-tier Pass-Fail basis. No Prerequisites.

 

Immigration Clinic II (LWVL531)

Instructor(s): Sandra Wagner

1-4 credit(s), H/P/L/F Graded
Requirement(s): Experiential
Concentration(s): LLM in International Law, International Law, Public Interest Law

Clinic II interns refine their skills, working on complex cases and cases already begun as Clinic I interns. Students may mentor first time clinic participants, serve as lead attorney on cases, and have additional opportunities to appear in court or administrative proceedings. Supervising attorneys/adjunct professors provide individualized coaching, based on the Clinic II interns’ needs and interests. Prerequisite: Successful completion of Clinic I in the same clinic. The clinic is graded on a 4-tier Pass-Fail basis. 

Int'l Estate Planning (LWTE538)

Instructor(s): Elettra Menarini, Patrick Martin, Staff

2 credit(s), Letter Graded
Concentration(s): Taxation, International Law, LLM in International Law, LLM in Taxation
Prerequisite(s): Tax I

The course will address U.S. federal taxation issues (both income and transfer taxes) for multi-national families in this modern day of global living, investment and travel. A detailed review of the income tax rules under Subchapter J and the transfer tax rules for persons who are not U.S. persons will be addressed. Additionally, strategic planning considerations will address pre-immigration and emigration taxation and estate/wealth planning. Grades will be based on quizzes, take home assignments/projects and a final exam.

Int'l Migration Law & Policy (LWIC545)

Instructor(s): Horacio Spector

3 credit(s), Letter Graded
Requirement(s): Writing
Concentration(s): International Law, LLM in International Law

This course includes elements of public international law and comparative law in the emerging area of international migration. The international normative system on forced migrations is interpreted and implemented in different ways by the States members of the 1951 Convention relating to the Status of Refugees, which gives rise to a rich array of international and comparative precedents. Students will learn the international norms relating to forced migrations and the rulings of American and European courts that apply those norms to particular controversies. Class discussions will focus on various alternatives to redesign the international system and propose an alternative structure that be capable of providing fairer and more efficient solutions to this serious problem. Successful completion of the paper will fulfill the law school’s written work requirement.

International Arbitration (LWIC530)

Instructor(s): David Brennan

3 credit(s), Letter Graded
Requirement(s): Experiential
Concentration(s): International Law, LLM in International Law

The course covers all aspects of international arbitration from drafting of the arbitration agreement through initiating and conduct of the arbitration proceeding that results in a binding and enforceable award. The class encourages students’ pro-active participation in a sequence of written submissions for the arbitration proceeding based on a fictional rolling fact-pattern problem. This practicum allows students to work in teams or individually presenting arguments during class sessions in a mock-arbitral tribunal setting to address a spectrum of arbitration and procedural issues. The course objectives are to provide a thorough knowledge of international arbitration laws, and an understanding of the procedural and practice requirements, and to acquire the ability to perform the steps and strategies to effectively conduct an arbitration case on behalf of a client. The UNCITRAL Model Law (2006) will be a primary focus of the study. California’s Arbitration Act is similar to the Model Law so the course information is useful for future domestic arbitrations. The final grade is based on a combination of the class work and the practicum with a take-home final examination. The class-related work counts for 35% and the take-home exam for the other 65% of the grade.

Note: This class is the equivalent of LWYL 545

International Environmental Law (LWIC539)

Instructor(s): Catherine MacKenzie

2 credit(s), Letter Graded
Requirement(s): Writing
Concentration(s): LLM in International Law, Environmental and Energy Law, International Law

This course introduces students to international environmental law and considers how law may be used to enhance international environmental protection. It commences with an overview of the international legal system in the context of environmental protection. It then discusses the history, development, sources and principles of international environmental law and reviews the role of the UN and other international agencies in the context of international environmental law-making. Next, it considers issues of particular interest to the United States. These may include climate change, energy, biodiversity and biotechnology, transboundary water, forests and protected areas, and environment and trade. It concludes by considering the resolution of international environmental disputes including international responsibility, the role of international courts and tribunals and the quantification of environmental harm.  

International Sales (LWIC555)

Instructor(s): William Lawrence

3 credit(s), Letter Graded
Concentration(s): International Law, Business and Corporate Law, LLM in International Law, LLM in Business and Corporate Law

This course focuses on the United Nations Convention on the International Sale of Goods (CISG), with comparisons to domestic law (the UCC in particular). Considerable time is devoted to the application of the CISG to problems that typically arise in international sales transactions. The course does not include an exam. Students instead prepare written memos that reflect the type of assignments they can expect in practice with a law firm.

International Tax Policy (LWIC540)

Instructor(s): Staff

2 credit(s), Letter Graded
Requirement(s): Writing
Concentration(s): Taxation, International Law, LLM in International Law, LLM in Taxation
Prerequisite(s): Tax I

This course will offer an overview of principal policy considerations that af- fect our international tax rules. Topics will include the merits of different tax systems (worldwide, territorial, hybrid), coordination with international organizations, questions of tax administration and legal complexity, the effi- ciency implications of international tax, and distributional implications. It will consider how well current legislation addresses these various issues and consider whether there are ways that they might be better addressed. It will also review the latest proposed legislation, assess its merits, and project how it might affect tax practice in the future. The class will be conducted as a seminar and will likely include guest experts who will join us in discussions of particular topics. Tax I is a prerequisite for this course.

NAFTA and Free Trade (LWIC568)

Instructor(s): Ralph Folsom

3 credit(s), Letter Graded
Requirement(s): Writing
Concentration(s): International Law, LLM in International Law

Free Trade Agreements (FTAs) have dramatically multiplied in number and scope, often covering foreign investment, intellectual property, cross-border services, environmental and labor issues, and dispute settlement arbitrations, in addition to trade in goods. This course provides an introduction to the law and policy issues of Free Trade Agreements, focusing particularly on the renegotiation of the North American Free Trade Agreement (NAFTA) and KORUS, the U.S.-Korea FTA. FTAs of Japan, China, South-East Asia, Africa and the Middle East, Latin America, the United States and the European Union will also be considered.


This research paper course is designed to allow fulfillment of the Law School’s Writing Requirement.

Public International Law (LWIC575)

Instructor(s): Frederick Heller

3 credit(s), Letter Graded
Concentration(s): International Law, LLM in International Law, Public Interest Law

Instant communications, easier travel and expanding international trade mean the actions, interests and welfare of nations and their citizens have become increasingly intertwined, each impacting the others. To regulate this impact, nations have established a multi-level system of law, and some have established multinational organizations which in turn have their own legal systems. This class will survey key components of the resulting aggregation of law (known generally as public international law). It will examine laws governing treaties and other international agreements, the nature and content of customary international law, the recognition of states and governments, the role and operation of international and regional organizations, state responsibilities, laws protecting foreign investments, international dispute resolution mechanisms, the law of the sea and the law of space, and selected other topics. The class will also examine selected controversies of the day to assess how public international law works in difficult situations (for example, in North Korea, Syria, Myanmar, Crimea, Kurdistan and many other places).

Note: This is a required course for the International Law Concentration (JD).