Course Descriptions

Summer 2013 Class Descriptions: Electives

Business Planning (Hon. David Laro)
LWAA520

3 credit(s)
Requirement: Skills
Concentration(s): Business and Corporate Law (JD), Business and Corporate Law (LLMC), LLM in Business and Corporate Law (LLMB)
Prerequisite(s): Corporations, Tax I

This course combines advance work in corporations, securities and tax law using a problem approach in the context of business planning and counseling. Several problem situations involving common business transactions are examined extensively. Some of the problems considered may include: (i) determining the proper choice of business entity and jurisdiction; (ii) incorporating a sole proprietorship, partnership or professional practice; (iii) buying and selling a business; (iv) raising private capital for a new business venture; (v) planning for an initial public offering of securities; (vi) valuing a business and (vii) planning corporate turnarounds. Students will engage in simulations giving them practical experience in representing a business.. From time to time, students are required to submit memoranda on certain aspects of the problems under consideration. On occasion, students will work together in small groups, and at other times are responsible for individual work. Students will be expected to perform work similar to attorneys in private practice. The written work is in lieu of an examination.

Comparative Civil Liberties - Florence (Louis Natali)
LWYF519

2 credit(s)
Concentration(s): Study Abroad (JD)

A comparative study of the rights of the individual against the state in modern society. The primary focus will be on freedom of expression in the arts, literature, film, and other communications media, and the power of the state to limit representations it considers immoral, subversive, hateful or demeaning, or inciting crime or violence. The course will therefore highlight the conflicts between the right of free expression and competing considerations such as equality, privacy, individual dignity, and social order. Similar conflicts between the individual and the state about religion will also be examined, as will rights related to the family such as non-traditional forms of marriage and family planning, if time permits. Emphasis will be on law of the USA and western Europe as modified by treaties. The final exam will be held on 6/22/13. (Program dates May 27-June 22, 2013)

Note: Class meets MTWTH & F - 10:30-11:50am

European Union Law -Barcelona (Andreu Olesti Rayo, Jaume Saura Estapà)
LWYB535

2 credit(s)
Concentration(s): Study Abroad (JD)

This course examines the institutional framework of the European Union; remedies and enforcement before national courts and European Union courts; and selected substantive law provisions relating to free movement of goods, persons, and services, the right of establishment, environmental policy, and equal rights for women. The final exam will be held on 6/21/13.(Program dates May 27-June 21, 2013)

Note: Class meets M,T,W,TH & F - 9:30-11:00am

Evidence (Jeffrey Bellin)
LWLP529

4 credit(s)
Concentration(s): Criminal Law (LLMC), Criminal Law (LLMG)

This course is intended to provide students with the ability to identify and correctly analyze evidentiary issues under the Federal Rules of Evidence and analogous state evidence codes, with reference to constitutional provisions where applicable. The course also provides a framework for evaluating the policy rationales that animate evidence doctrine. Primary topics will include: relevance, character evidence, witness impeachment and corroboration, hearsay (and the hearsay exceptions), the Confrontation Clause, and expert and lay opinion testimony.

Note: This is a required course for the Civil Litigation (JD) and Criminal Litigation (JD) concentrations.

Federal Income Tax Reporting (Joshua Maxwell)
LWTE532

2 credit(s)
Concentration(s): Taxation (LLMC), LLM in Taxation (LLMT)
Prerequisite(s): Tax I

When giving tax advice, working in a corporate tax department, working in a public accounting firm, or advising on other tax issues, it is necessary for tax lawyers to be able to understand compliance obligations and be able to analyze information reported on IRS forms. This course will discuss federal tax compliance, forms, and common issues, with a focus on extracting information from the face of the forms and how common transactions are reported for both individuals and businesses. The class will cover Form 1120, Form 1120S, Form 1065, Form 1040, foreign reporting considerations, common elections and disclosures, tax income adjustments (Schedule M), financial reporting, and other related topics. Class attendance will be required and essential to learning the topics. Grade based on a final exam covering common issues, basic compliance logistics, and the ability to analyze and gather information from IRS reporting while understanding the underlying data. Prerequisite: Tax I. This is an advanced tax course with priority enrollment for LLM in Taxation students.

Intellectual Property & Business (Ted Sichelman, Marcel Saucet)
LWIP572

3 credit(s)
Requirement: Writing
Concentration(s): Intellectual Property (LLMC), Intellectual Property (JD), Intellectual Property Law (LLMG)
Recommended Class(es): IP Survey or any course in patent law

The best intellectual property and tech-focused corporate lawyers have a thorough understanding of the ways clients use and are affected by IP in their daily business. This seminar will provide an introduction to how patents, copyrights, trademarks, and trade secrets (1) are used by IP owners to further their business strategies and (2) affect non-IP owners, who must often license IP rights at substantial cost. Specific topics include: the role of trademarks in promoting product “branding”; the use of patents in commercializing inventions; the effects of trade secrecy on R & D investment and employee mobility; IP and the emerging field of “microinnovation”; the effects of copyright on Internet business models; the use of IP by startup companies; private markets for buying, selling, and licensing IP rights; the role of patents in biotech deals; copyrights in the entertainment industry; and trademarks and “luxury” goods. The course will be co-taught by a law professor (Sichelman) and a business school professor (Saucet). The majority of the course will consist of lectures and classroom discussions. The only assignment is a paper, which students will present at the end of the course. Prerequisites: None. Either a course in intellectual property law or some work experience at a technology company is recommended, but not required.

International Art Law-Florence (Paula Abrams)
LWYF537

2 credit(s)
Concentration(s): Study Abroad (JD)

This course examines the legal and ethical principles concerning the international trade in visual arts, from antiquities to modern works. Topics include: illicit trafficking of art during war (World War II, Iraq and Afghanistan), questions of authenticity (fakes, questionable provenance), disputes over title (stolen and expropriated works, national patrimony laws), import and export controls, international covenants and principles of protection, and the treatment of indigenous cultural heritage. Rights and obligations of the artist, including free expression, publicity and privacy, and moral and re-sale rights, are examined. The course includes several case studies illustrating the conflicts between the interests of private purchasers, government, museums, and art dealers. The final exam will be held on 6/21/2013. (Program dates May 27-June 22, 2013)

Note: Class meets M,T,W,TH & F - 9:00-10:20am

International Business Transactions-London (John Matheson)
LWYL539

3 credit(s)
Concentration(s): Business and Corporate Law (JD), International Law (JD), Study Abroad (JD), LLM in Business and Corporate Law (LLMB), Business and Corporate Law (LLMC), International Law (LLMC), LLM in International Law (LLMI)

We study the important legal aspects of private transactions that involve parties, goods, services or capital crossing national borders, which are today encountered even in modestly-sized businesses that are largely local. The course starts with an introduction to the conduct of business in the international community, including the actors involved and the general forms of international business. We will then study three primary methods of doing business internationally: (1) International Trading of Goods, including sales agreements and letters of credit; (2) Transfers of Technology, primarily involving licensing and franchising of intellectual property; and (3) Direct Investment in Foreign Countries, including the choice of business form, operational issues and termination of foreign investments. The course then addresses selected issues that arise in the resolution of international business disputes, including choice of law and forum, jurisdiction and enforcement of foreign judgments. The final exam will be held on 8/2/2013. (Program dates: July 1-August 3, 2013)

Note: Class meets M,T,W,TH & F - 9:00-10:35am

International Business Transactions-Paris (Amelia Boss, Roger Clark)
LWYP539

3 credit(s)
Concentration(s): Study Abroad (JD)

This course examines national and international laws applied to typical cross-border transactions, such as the sale of goods, distributorship agreements, licensing of technology, franchising, construction agreements and joint ventures, including international dispute resolution. The final exam will be held on 8/3/2013. (Program dates: July 1-August 3, 2013.)

Note: Class meets M,T,W,TH & F - 10:45-12:20pm

International Contracts-Barcelona (Michael B. Kelly)
LWYB541

2 credit(s)
Concentration(s): LLM in Business and Corporate Law (LLMB), Study Abroad (JD), International Law (JD), Business and Corporate Law (JD), Business and Corporate Law (LLMC), International Law (LLMC), LLM in International Law (LLMI)

This course examines the legal aspects of contracts for the international sale of goods. Topics may include contract formation; choice of forum and choice of law; warranties; risk of loss; excuse; letters of credit; and the settlement of international business disputes, including the enforcement of foreign judgments and arbitral awards. Emphasis will be placed on the UN Convention on Contracts for the International Sale of Goods. The final exam will be held on 6/20/13. (Program dates: May 27-June 21, 2013)

Note: Class meets M,T,W,TH & F - 11:10 - 12:40pm

International Criminal Law-Barcelona (Julie O'Sullivan)
LWYB544

2 credit(s)
Concentration(s): Study Abroad (JD)

International criminal law includes both the application of a nation's criminal law to conduct committed abroad, and the body of law governing international crimes (such as genocide). We will touch on the former, but focus primarily on the latter. The course has four aims: (1) to introduce students to (or refresh them regarding) basic international law concepts (i.e., customary and conventional law, theories of transnational jurisdiction, the role of international law in domestic courts); (2) likewise, to introduce students to basic concepts of criminal liability and study their applicability in the international context (e.g., the purposes of punishment, the principle of legality, mens rea, command and accomplice liability, defenses); (3) to examine the law governing international crimes against human rights – for example, genocide, crimes against humanity, torture – and the international tribunals that apply it (e.g., Nuremberg, former Yugoslavia, Rwanda, and the International Criminal Court); and (4) to consider whether criminal prosecution is the best way to address the aftermath of war and atrocity, or whether alternative means such as Truth and Reconciliation Commissions may be a better way to promote both justice and peace at least in some contexts. Final Exam: 6/21/13 (Program dates: May 27-June 21, 2013)

Note: Class meets M,T,W,TH & F - 9:30-11:00am

International Entertainment Law-London (Lionel Sobel)
LWYL548

3 credit(s)
Concentration(s): Study Abroad (JD)

This course examines international legal issues arising in movie, TV, music, publishing, other entertainment businesses, such as acquiring foreign rights, using talent abroad, and distributing worldwide (conventional and via the Internet), including those that arise in counseling, contract or treaty negotiations, and transnational litigation. The final exam will be held on 8/2/2013. (Program dates: July 1-August 3, 2013)

Note: Class meets M,T,W,TH & F - 9:00-10:35am

International Environmental Law-Barcelona (Chris Wold)
LWYB549

2 credit(s)
Concentration(s): Environmental and Energy Law (JD), Study Abroad (JD), Environmental and Energy Law (LLMG)

This course examines the principles, treaties, and institutions governing international environmental relations. The course begins with a review of the fundamental underpinnings of environmental and international law, including the precautionary principle, polluter pays principle, and state responsibility for environmental harm. The course next examines issues of the global commons, such as ozone depletion and climate change and explores international treaties to protect biological diversity, including the Convention on International Trade in Endangered Species and the Convention on Biological Diversity. It also examines major pollution issues, such as hazardous waste trade, and the relationship of the World Trade Organization to environmental protection. Throughout these discussions, we examine development issues, the polarization of issues as developed versus developing country issues, and the role of nongovernmental organizations (NGOs) in the development and enforcement of international environmental law. The final exam will be held on 6/20/2013. (Program dates: May 27-June 21, 2013)

Note: Class meets M,T,W,TH & F - 11:10 - 12:40pm

International Intellectual Property-Florence (Doris Long)
LWYF551

2 credit(s)
Concentration(s): Intellectual Property (JD), Study Abroad (JD), Intellectual Property (LLMC), Intellectual Property Law (LLMG)

This course examines international protection of patents, copyrights, and trademarks; geographical indications and trade secrets for inventors, authors, artists, and businesses under domestic, EU, and international law, as influenced by culture and the internet; emerging areas of IP protection, including domain names, cartoon and story characters, biota and traditional knowledge; and special enforcement problems in developing countries. The final exam will be held on 6/22/13. (Program dates: May 27-June 22, 2013)

Note: Class meets M,T,W,TH & F - 10:30-11:50am

International Internet and Intellectual Property Law - Paris (Hon. M. Margaret McKeown, Hon. Michael Hawkins)
LWYP550

3 credit(s)
Concentration(s): Study Abroad (JD)

A survey of international intellectual property through the lens of the Internet, this course deals with the intersection of traditional intellectual property law and the Internet, an inherently borderless medium. The survey includes emerging copyright and trademark issues in the U.S. and other jurisdictions (especially the European Union), and key international treaties, such as the Madrid Protocol and the Paris Convention, along with the WTO’s Trade Related Intellectual Property Standards. The course considers such topics as the regulation of the Internet, personal jurisdiction challenges in an Internet world, speech and content regulation under different legal systems adhering to radically different notions of what is appropriate, the liability of Internet Service Providers, privacy protection, criminal law, social networking in the international context, and special problems in trademark, trade secret and copyright law, such as third party liability, internet domain names, famous names, parody, counterfeit goods, and dispute resolution. Final exam: 8/2/2013 (Program dates: July 1-August 3, 2013)

Note: Class meets M,T,W,TH & F - 9:00-10:35am

International Litigation-London (Linda Silberman)
LWYL552

3 credit(s)
Concentration(s): Study Abroad (JD)

This course covers the litigation of international disputes including: judicial jurisdiction and service of process, forum-selection clauses, including arbitration agreements, problems of parallel litigation, taking evidence abroad, litigation against foreign governments, forum non conveniens, extraterritorial application of public law, and recognition of foreign judgments and arbitral awards. The final exam will be held on 8/3/2013. (Program dates: July 1-August 3, 2013)

Note: Class meets M,T,W,TH & F - 10:45-12:20pm

International Negotiations-Florence (Allen C. Snyder)
LWYF554

2 credit(s)
Requirement: Skills
Concentration(s): International Law (JD), Study Abroad (JD), International Law (LLMC), LLM in International Law (LLMI)

Skills and theory of both competitive and cooperative international negotiating will be learned through simulation and experience. Final exam: 6/21/13 (Program dates: May 27-June 22, 2013)

Note: Class meets M,T,W,TH & F - 9:00-10:20am

International Negotiations-Paris (Charles B. Wiggins)
LWYP554

3 credit(s)
Requirement: Skills
Concentration(s): Study Abroad (JD)

This skills course covers the theory, dynamics, and constraints inherent in the negotiation process, especially in the international and cross cultural context. Special attention will be given to planning, strategic choice, skills development, and post analysis of performance. Different types of international deal making and disputes will be examined, followed by relevant, simulated role playing in a cross cultural context. When do "culture" and being "international " really count and when do they get in the way of being a truly effective negotiator? What is the role and the impact, if any, of emotions in negotiation specifically and then in the international context? What factors trigger culturally based negotiation thinking? In a globally developing world, what can and should we make of cultural scripts? Are they really as valid as they were in the past? Final Exam: 8/2/2013 (Program dates: July 1-August 3, 2013)

Note: Class meets M,T,W,TH & F - 9:00-10:35am

International Sports Law-London (James R. McCurdy)
LWYL556

3 credit(s)
Concentration(s): International Law (JD), Study Abroad (JD), International Law (LLMC), LLM in International Law (LLMI)

We begin with the law of the Olympics, including trademark and other intellectual property issues. The course examines the workings of the Court for the Arbitration of Sport and the World Anti-Doping Agency and Code. Analysis of the U. S. and EU antitrust/competition laws focuses on broadcasting, player movement in the labor market, and league/federation structure and governance. The global nature of international sports is emphasized in scrutiny of U. S. and world-wide models of sports leagues, including team ownership, relocation, and stadium/arena development. The course explores the law of player agent practice in the flat world context, comparing systems of control as well as actual practice phenomena. The final exam will be held on 8/3/2013. (Program dates: July 1-August 3, 2013)

Note: Class meets M,T,W,TH & F - 10:45-12:20pm

Negotiation (Dennis L. Sharp)
LWLP560

2 credit(s)
Requirement: Skills
Concentration(s): LLM in Business and Corporate Law (LLMB), Business and Corporate Law (LLMC), Labor and Employment Law (LLMG)

This class is about negotiation and dispute resolution: how not to lose when thinking win-win. Many negotiators fail to maximize their outcomes because they either take extreme, unyielding positions or because they look for an optimal ‘win-win' solution and in the process give their counterpart value that they could capture themselves. This course focuses on the strategy behind dispute resolution (negotiation, mediation, arbitration) and speaks in a practical way about how to use that strategy to maximize what can be achieved in those situations. Through a combination of lectures, in-class exercises, class discussions and guest speakers, the class will explore the different methods of dispute resolution, and how to maximize your outcome in each. The first part of the course highlights the difference between the different types of dispute resolution. We'll then focus on game theory and its role in negotiation. We'll then focus on how to maximize the potential overall value of the outcome to all parties in a dispute… and subsequently how to capture a disproportionate share. Grade determined by weekly assignments, class participation and a take home final examination. This class will be graded on the four-tier pass/fail grading system.

Note: Students may only elect this course or Alternative Dispute Resolution to count towards the Civil Litigation Concentration (JD).

Negotiation (Gregg Relyea)
LWLP560

2 credit(s)
Requirement: Skills
Concentration(s): LLM in Business and Corporate Law (LLMB), Business and Corporate Law (LLMC), Labor and Employment Law (LLMG)

Effective negotiation skills are essential to the successful practice of law. Most legal disputes are resolved through direct negotiation. This course will teach students effective communication techniques and negotiation strategies in a workshop style setting. The course will introduce students to different types of bargaining, different approaches to bargaining, specialized communication techniques used by effective negotiators, and techniques for overcoming negotiating impasses. Negotiation practices will be taught using both lecture and experiential methods (interactive exercise, role play exercises). This course will be practical in its orientation, with an emphasis on prevailing negotiation techniques and strategies customarily used by practicing lawyers. Due to the participatory nature of the course, enrollment will be limited. Grades will be based on a written final examination, homework assignments, and class participation. The course is graded on a 4-tier Pass/Fail basis.

Note: Students may only elect this course or Alternative Dispute Resolution to count towards the Civil Litigation Concentration (JD).

Public International Law-Paris (Barry Carter, David Koplow)
LWYP578

3 credit(s)
Concentration(s): International Law (JD), Study Abroad (JD), International Law (LLMC), LLM in International Law (LLMI)

This course examine the nature and sources of international law and major developments in the international legal system. We consider such topics as treaties, executive agreements and customary international law; the recognition of states and governments; jurisdiction over disputes with international elements and foreign sovereign immunity; various methods for international dispute resolution, especially courts and international arbitration; the role of international law in the U.S. legal system and the allocation of foreign affairs powers between the President and the Congress; the roles and operations of the United Nations and other international and regional entities, such as the European Union, the World Trade Organization, and NAFTA; how the international system protects (or fails to protect) human rights and the environment; and the use of force against other countries, rebellions or terrorist groups. The final exam will be held on 8/3/2013. (Program dates: July 1-August 3, 2013)

Note: Class meets M,T,W,TH & F - 10:45-12:20pm

Trademark Strategy Skills (Dana Robinson, Marcel Saucet)
LWIP579

3 credit(s)
Requirement: Skills
Concentration(s): Intellectual Property (LLMC), Intellectual Property Law (LLMG)

Brand and trademark strategies are primary skills not only in for-profit companies, but also non-profits, including non-governmental organizations (NGOs). This hands-on, skills course will provide an introduction to how trademarks are used by NGOs, specifically the World Council of Peoples for the United Nations (WCPUN), to protect its brands internationally. Specific topics include the role of trademarks in promoting sustainable development, the role trademarks play in international brand strategy, and the various U.S. and international trademark laws and procedures NGOs must follow. The majority of the course will consist of lectures and a study case. Students will prepare legal memoranda in teams for WCPUN. The course will be graded on a 4 tier pass-fail basis. Prerequisites: Students must have taken IP Survey, Trademark Law, Trademarks Seminar, or International IP to be eligible for this course.

Trusts & Estates; Wills & Trusts (Dennis Lilly)
LWTE555

3 credit(s)

This survey course provides an introduction to non-tax aspects of estate planning and the law of gratuitous transfers, including inter vivos gifts, intestate succession, wills, will substitutes, trusts, fiduciary administration, and future interests.

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