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Examines international intellectual property rules through the lenses of human rights law and development policy. The course will study how different intellectual property frameworks possess the capacity to overcome or perpetuate global inequality, underdevelopment, and access to essential goods and services. It will also study the strategies and tactics of global movements mobilizing around issues of access to medicines, textbooks, and other essential knowledge goods.

Law-692 Intellectual Property - Human Rights and Development
 

Usild International Law Courses Programs

LAW - 955 Trade and Diplomacy (2 hrs)
This course focuses on the domestic formulation of trade policies by major players, the promotion and implementation of these policies abroad through trade diplomacy, the use of trade policy tools as shields, swords and leverage in negotiations, the ins and outs of the WTO. Students acquire a better understanding of the central role of the WTO as the world’s trade regulatory body and its three main functions of multilateral negotiations, monitoring and dispute settlement, and gain a holistic view of diplomacy in the international trade order. English

JD Required Courses

 

LAW - 516 Legal Rhetoric: Research & Writing I (2 hrs.)
Students learn the fundamental lawyering skills of legal reasoning, analysis, writing, research, and introductory advocacy and are introduced to fundamental lawyering values. This is the first half of a four-credit, two-semester course that is taught intensively in a small group setting.

LAW - 517 Legal Rhetoric: Research & Writing II (2 hrs.)
Students learn the fundamental lawyering skills of legal reasoning, analysis, writing, research, and introductory advocacy and are introduced to fundamental lawyering values. This is the second half of a four-credit, two-semester course that is taught intensively in a small group setting.
 

LAW - 522 Torts (4 hrs.)
Tort law addresses claims for compensation for injuries to person or property due to a civil wrong other than a breach of contract. Torts law operates independently of the criminal justice system although some acions may be both a tort and a crime. Torts range from intentional battery, to slip-and-falls, to negligent driving. Torts include animal attacks, building collapses, auto accidents, product defects, and various kinds of malpractice, such as attorney malpractice and medical malpractice leading to tort damages. The course will introduce students to traditional and modern approaches to tort liability, including international torts, negligence, defamation, product liability, and strict liability.

Elective Courses

The USILD makes all reasonable efforts to offer the following electives on a periodic basis but cannot guarantee that each course or seminar will be available to all students who wish to take it during their law school careers. More precise information on the courses and seminars that will be offered in a given semester, including those not listed here, is available from the registrar during the preregistration and general registration periods.

LAW - 620 International Humanitarian Law (3 hrs.)
A study of international principles and rules regulating the conduct of international and other armed conflicts; the historical development of restraints on armed conflict; the distinction between rules governing recourse to armed coercion and those governing the conduct of armed hostilities; the protections afforded by the 1949 Geneva Conventions and the 1977 Protocols to combatants and noncombatants, including civilians, POWs, the wounded, and the sick; the role of the International Committee of the Red Cross; and human rights issues.
 

LAW - 624 U.S. International Taxation (3 hrs.)
An introduction to U.S. taxation of U.S. and foreign persons engaged in international activities. Topics include U.S. jurisdiction to tax, tax treaties, allocation of income, transfer pricing, foreign tax credits, etc. We will discuss the recent changes in legislation pertaining to U.S. international tax rules under the JOBS Act of 2004. The goal of the class is to provide an overview of the relevant law, giving due respect to its complexity and the policies underlying it, and to identify and tackle the types of issues that most frequently arise.
 

LAW - 626 Human Rights Law (3 hrs.)
The purpose of this class is to provide an overview of current international human rights law and the mechanisms for its implementation and enforcement. First the course will focus on the general principles of international human rights law. Second students study the functioning of the universal human rights system (United Nations) and the regional human rights systems. They then concentrate on the normative foundation of international human rights law through the study of a selected group of rights, including the rights to life, women’s rights, and economic, social and cultural rights. Finally, in the fifth segment, regarding international criminal law we will discuss the jurisdiction of international criminal tribunals, and the role of national institutions in dealing with past human rights violations.

 

LAW - 646 International and Comparative Trademark Law

(3 hrs.)
This course concerns the international system regulating the protection of trademark rights. It focuses on the principal international conventions in the field of trademarks, but students will also look at select regional and bilateral agreements. The course considers jurisdictional issues, anti-dilution, geographical indication protection, domain names and the protection of famous marks. Students will also consider comparative trademark law for particular issues. Prerequisite: Trademark Law (LAW-609) or an intellectual property law course with sufficient coverage of trademark law.
 

LAW - 653 International Finance Law and Development Finance(3 hrs.)
Examines the international borrowing and sovereign debt renegotiation processes. Focuses on key policy and legal issues in negotiating and structuring international borrowing transactions and in current issues in the international debt crisis.
 

LAW - 656 Asylum and Refugee Law (3 hrs.)
Explores law, moral obligations, and national sovereignty, and the ways in which the interplay of these forces results in the making of U.S. asylum law and policy. Topics include review of the debate over the causes of refugees, the evolution of international legal refugee protection, and the extent to which Congress sought to make U.S. asylum law comport with U.S. international obligations. The course provides an understanding of the policy considerations underlying asylum law, review and critique of prevailing asylum law, and litigation issues in asylum removal proceedings and on appeal. Human Rights and Humanitarian Law LLM Only

LAW - 659A EUROPEAN UNION LAW: POLICY AND DIPLOMACY (2 hrs.)
This is a basic course intended to introduce students to the law and institutions of the European Union (EU). The EU is an organization which began as the European Coal and Steel Community of six states in 1952, but which has greatly expanded in both its membership and the scope of its activities since then. There are currently twenty-seven member states with applications for membership pending from several others, including candidate states such as Turkey, Croatia and FYROM (Macedonia). The scope of the EU’s powers, which are shared with member states in a set of arrangements even more complex than that of the US’s ‘marble-cake federalism’, ranges from core market-integration and market-liberalization activities to the growing field of ‘justice and home affairs’ (including immigration, policing, criminal and civil law coordination) and even to aspects of foreign affairs and defense. The law of the EU, a complex edifice which has been constructed alongside and over the law of its member states, comprises a vast and detailed body of treaties, case law and regulation of every kind. For instance, in the aftermath of the European financial crisis there are newly created measures designed to reinforce the architecture of the economic and monetary Union while creating a new “fiscal compact” under which countries in the euro zone are bound to write a ‘golden rule’ on balanced budget into their national constitution with automatic correction mechanisms if the law is breached. Any introductory course will necessarily be very selective, and this course provides simply a first look at the EU. The course aims primarily to provide an entry point into the study of this unique political arrangement which, despite the various labels - superstate, federation, international organization - which are sometimes used to describe it, continues to defy ready categorization.

 

LAW - 660 INTERNATIONAL LAW (3 hrs.)
The rules governing the conduct of states inter se and their relations with individuals and legal entities; jurisdictional concepts; the status, application, and litigation of international law rules in U.S. courts; sovereign’s immunity; recognition; international agreements; the Law of the Sea; human rights; and international claims and adjudications.

LAW - 661 INTERNATIONAL BUSINESS TRANSACTIONS (3 hrs.)
International Business Transactions (IBT) provides students with a basic introduction to how the U.S. and international legal systems engage in international business transactions. After providing some introductory concepts involving international law and lawyering, the bulk of the course offers an introductory survey to multiple forms of international commerical transactions. While no single transaction is covered in great depth on the merits, the survey offers introduces a broad array of cross-border transactions. The types of transactions that may be covered in IBT include: international sale of goods, letters of credit, agents and distributors, licensing agreements, and forms of international investment, including joint ventures, mergers and acquisitions, concession agreements, and international lending.

LAW - 662 INTERNATIONAL ORGANIZATIONS: LAW OF THE UNITED NATIONS

(2 hrs.)
This course examines the law and selected policy issues relating to international organizations (IOs), focusing almost exclusively on the United Nations and placing particular emphasis on the United Nations Security Councils response to situations that present a threat to peace and security.

LAW - 669 INTERNATIONAL LABOR AND EMPLOYMENT LAW

(2-3 hrs.)
Examines the development and practice of labor and employment law in the international arena. Specific attention is devoted to domestic law that has international relevance, human rights and trade law, international guidelines and private agreements regarding corporate social responsibility, United Nations’ provisions (including International Labor Organization’s Conventions and accompanying jurisprudence), the Organization for Economic Cooperation and Development, and other international and domestic institutions. The class also will include areas involving child labor and migrant workers.

LAW - 677 INTERNATIONAL LITIGATION AND ARBITRATION

(3 hrs.)
Focuses on private international law, linking the institutions and enforcement of international arbitration and litigation. Emphasis on the role of litigation and arbitration in the resolution of international civil disputes. Topics covered include the role of the United States as a magnet forum; jurisdiction of courts (both U.S. and EU countries) and international commercial transactions; forum non conveniens; enforcement of foreign judgments; and discovery of information located abroad.

LAW - 677S INTERNATIONAL ARBITRATION AND CHOICE-OF-LAW ISSUES

(1 hr.)
Focuses on choice-of-law problems observed by international arbitrators when resolving disputes as viewed from the perspective of the general theory of conflict-of-laws (private international law).Addresses the organization of the ICC Court and its Secretariat and main aspects of the ICC rules of Arbitration. Students also analyze specific ICC cases to discover how procedural and substantive law issues are dealt with in practice in ICC arbitration.

LAW - 679 INTERNATIONAL INVESTMENT LAW

(2-3 hrs.)
This course will explore important concepts and issues in foreign and international law relating to international investment. International investment is an increasingly powerful force for economic growth and development throughout the world. While economic forces are the essential drivers of international investment, they are not the only factors that influence it. Legal rules and institutions also affect international investment flows. Law determines whether and how investments may be made in a particular country, the nature of the respective rights of investors and host country governments, the means by which governments and investors may adjust their legal relationships to changing circumstances, and the processes they may use to resolve their investment disputes. Lawyers therefore play key roles in the undertaking, management and protection of international investments. The law of international investment derives from three basic legal frameworks: (1) national laws, both of the host country and the investor’s home country; (2) contacts, whether between investors and host governments or among investors; and (3) international law, consisting of applicable treaties, customs, and general legal principles developed by states. These three legal frameworks from the basic structure for the course. FRANCK: International investment is a powerful force with implications for economic growth, development, global governance, and political economy. The legal rules, frameworks, and institutions governing international investment derive from core doctrinal sources including: contacts and commerical arrangements (whether between investors and host governments or among investors), national law governing international investment activity; international law, including the network of over 3,000 treaties governing international investment, custom, general principles of law, and international tribunals; soft law and other instruments derived from international organizations; and policy considerations. Within that legal and policy context, this course explores: the historical evolution of international investment law, the current framework of how states, investors, advocates and adjudicators interact; and the potential future for international investment law as it seeks to draw an appropriate balance among stakeholder interests.

LAW - 699 International Competition Law (3 hrs.)
The principal objective of the course is to provide students with a basic and reasonably broad overview of competition law and policy in a global setting and with the analytical tools, including a basic understanding of economics, necessary to identify and address antitrust law concerns. To achieve these goals, the course focuses principally on US and EU law and procedure. Laws of other jurisdictions, including Australia and Japan, are referenced where useful comparative lessons might be drawn. Time is also spent on jurisdictional issues and the increasingly important multilateral efforts to promote and harmonize competition law enforcement. The course does not require prior coursework in the area or an economics background.

LAW - 727 Banking & Financial Institutions: International Regulations (2 hrs.)
The legal aspects of foreign exchange, eurodollars, international loan agreements, letters of credit, and aspects of U.S. and foreign banking supervision.

 LAW - 779 Trade Secrets

This course considers the law and theory of the most ubiquitous form of intellectual property protection-trade secrets. Trade secrecy can protect a much wider range of information than other forms of intellectual property (including formulas, recipes, and customer lists). The course will cover trade secret protection and the related tort of misappropriation in the employment context, because it is within that context that trade secret litigation often arises.we will study comparative approaches to trade secret protection (particularly Mexico, China, EU, and Japan), in addition to the U.S. approach.

  

LAW - 808 International Business and Human Rights (2 hrs.)
Examines the policies underlying various regulations of transnational business practices designed to promote respect for internationally protected human rights and explores potential conflicts between those policies and corporate business objectives. Students also analyze the appropriate limits of restrictions on overseas corporate practices. The course will examine issues such as non-competition agreements, confidentiality, and the inevitable disclosure doctrine. Additionally, we will be discussing the increasing importance of trade secrecy for international actors. 

 LAW - 809 The United States Trade Regime (3 hrs.)
Provides thorough exposure to the U.S. trade regime. Course coverage includes the legal (including constitutional) framework underlying U.S. participation in trade initiatives; the practical realities of power-sharing in the trade field between the political branches of the U.S. government; the relationship between international obligations and U.S. law in the trade field; the limited but important role of the U.S. judiciary in adjudicating trade matters; the basic U.S. statutory and regulatory frameworks for regulation of imports and exports, as well as export promotion; the process by which discretionary determinations occur day-to-day in the many areas of trade regulation that are not tightly governed by law; and various federal-state issues in the trade field arising from the federal structure of the United States. While substantive WTO law is not included, the course does focus significant attention on U.S. implementation of WTO norms and commitments as well as U.S. participation, both offensively and defensively, in WTO dispute settlement proceedings. The course also covers several domestic U.S. laws and policies that are directly related to trade and concludes with a unit on practical aspects of advocacy work in the international trade field in Washington, D.C.

LAW - 839 Sales (2 hrs.)
Covers the rules and principles of Uniform Commercial Code Article 2 governing sales of goods. It serves as both a review of major principles from first-year contracts and an introduction to commercial law and the rights and liabilities of parties to sales contracts in contemporary commercial contexts. Students consider the scope and policy objectives of UCC Article 2 as they learn to apply provisions of the code to problems involving a wide range of issues such as contract formation, warranties, and performance obligations. This course covers some aspects of the UN Convention on Contracts for the International Sale of Goods and UCC Article 5 (letters of credit) to expose students to legal and logistical issues that arise as goods are bought and sold across national borders. The course also covers finance leases under UCC Article 2A (leases); engages students in distinguishing sales, leases, and secured loans; and introduces students to general principles and objectives of the UCC

LAW - 858 Aviation Law: Domestic and International Aspects (2 hrs.)
Examines the legal framework for the international aviation industry, including the relevant multilateral agreements; the current debate over the future of bilateral aviation agreements and U.S. “open skies” policies; economic and competition rules governing the industry; airline alliances and other commercial arrangements; and international aviation safety, security, and liability issues.

  

LAW - 861 Economic, Social, and Cultural Human Rights (2 hrs.)
A close examination of the content and enforcement of the rights to food, water, housing, education, health, “social security,” and work, grounded in the provisions of the Universal Declaration of Human Rights and the International Covenant on Economic, Social, and Cultural Rights. The course examines the increasing case law, both international and domestic, demonstrating the justiciability of these rights and the relationship of ESCRs to globalization and other economic issues.

LAW - 870B Litigation and Advocacy in Human Rights Law (2 hrs)

This course offers diverse perspectives on international and domestic advocacy in human rights and the interaction between the two spheres, the role of NGOs and the importance of international mechanisms of supervision. It addresses the role of non-state actors in the development of international human rights law and the relevance of legal mechanisms and organs of adjudication in the work of the human rights activist.

LAW - 870C Domestic Implementation of Human Rights Law

(2 hrs)
This course provides, an extensive look into the problems that the implementation of international obligations presents for States. The first part of the course provides a general introduction to constitutional and international law regarding international obligations of implementation and its counterparts at the domestic level. The second part examines particular challenges of implementation of international human rights obligations. The third part focuses on judicial implementation of international human rights duties by different tribunals and judges in Latin America. 

LAW - 927 International Trafficking in Persons

(3 hrs.)
Examines the legal issues related to the trafficking of persons from an international and comparative perspective. Topics include forced labor, the exploitation of immigrant females for domestic services, the sale of children and irregular intercountry adoption, and the sale of wives legalized by transnational marriages. Students will consider the international trafficking prohibitions of the various international conventions, analyze legislative texts of domestic trafficking laws of selected jurisdictions worldwide, and analyze the U.S. statutes prohibiting trafficking in human beings.

LAW - 969 International Trade Law II (2 hrs.)
The course builds upon what has been discussed in International Trade Law I by going beyond trade in goods to international trade in services (GATs) and trade aspects of intellectual property rights (TRIPS). The focus of discussions will be the WTO system while regional trading arrangements will be in terms of their relationship with the global trading system and can serve as focus for the papers. The latter part of the course focuses on the impact of international trade rules on governance (both domestic and global) including, but not limited to, its attempt to harmonize rules with emphasis on transparency in administration of trade regulation. It examines the conflicting values that the WTO system promotes (or is intended to promote), the different interests who seek to influence the WTO mandate and, given the legacy of colonialism, the implications of such efforts for North-South relations and global harmony.
 

LAW - 972 Investment Treaty Arbitration (2 hrs.)
This course focuses on issues arising out of international arbitration involving investment treaties, including bilateral investment treaties (BITs) and multilateral investment treaties such as the North American Free Trade Agreement (NAFTA). Against the backdrop of arbitration decisions, this course deals with substantive issues, procedural considerations, and applicable law when handling these arbitrations in the development of international law.

LAW - 973 International Contracts and Sales (2-3 hrs.)
This course covers many facets of the international commercial sales of goods. It is meant to be realistic and practical, and for that reason includes comparative as well as international law. The focus of the course is the UN Convention on Contracts for the International Sale of Goods (CISG), with comparisons to domestic systems in both the common law (especially UCC Article 2) and the civil law (mainly French and German systems). The class also covers typical payment and credit terms with particular attention to letters of credit. In addition, the course addresses transportation of the goods and the risk of loss. The course emphasizes not only the different rules of domestic and international law but also the varying legal cultures, attitudes, and perspectives of the lawyers and businesses who participate in these transactions, as well as the commercial realities of doing business in multiple countries.

  

LAW - 984A Advanced Trial Advocacy: Challenges and Obligations of the Prosecutor (2 hrs)
This course seeks to give students an understanding about the daily responsibilities of a prosecutor and the typical challenges that prosecutors face in practice. Topics covered in this course include ethical rules governing the conduct of prosecutors, grand jury practice, analysis required in deciding to prosecute a case, and rules governing discovery requests, as well as other prosecution related trial preparation and presentation issues. This course is a combination of theory and practice. LAW-508 Criminal Procedure I
 

LAW - 984B Advanced Trial Advocacy: Challenges and Obligations of the Prosecutor

(2 hrs)
This course seeks to give students an understanding about the daily responsibilities of a prosecutor and the typical challenges that prosecutors face in practice. Topics covered in this course include ethical rules governing the conduct of prosecutors, grand jury practice, analysis required in deciding to prosecute a case, and rules governing discovery requests, as well as other prosecution related trial preparation and presentation issues.  This course is a combination of theory and practice.  Students read cases, statutes and articles defining the prosecutorial role and constitutionally required practices and work through in class exercises. LAW-508 Criminal Procedure I

 

Elective Seminars

 

The law school makes all reasonable efforts to offer the following electives on a periodic basis but cannot guarantee that each course or seminar will be available to all students who wish to take it during their law school careers. More precise information on the courses and seminars that will be offered in a given semester, including those not listed here, is available from the registrar during the preregistration and general registration periods.

LAW - 679A Advanced International Investment and Commercial Dispute Resolution Seminar (2 hrs)
This advanced research seminar focuses on topical and current issues involved in the resolution of international investment and commercial disputes. The seminar permits students to focus on multiple dispute resolution options (including mediation, arbitration, and litigation before national courts or international tribunals), the applicable law (including international law, national law, and private contracts), the theory, and the policy considerations within the area of international investment and commercial law disputes. English
 

LAW - 712A Human Rights Litigation Seminar(2 hrs.)
Provides students with the opportunity to participate in litigation involving myriad issues of law that synthesize and build on first-year doctrinal courses and require creative analysis and complex research. Work centers on several pro bono human rights cases, and students will draw upon torts, contracts, property, constitutional law, evidence, international law, civil procedure, federal courts, and criminal law, among other areas. Instructor permission required. Instructor permission required Human Rights Litigation Fieldwork (LAW-712B)
 

LAW - 714 Advanced International Humanitarian Law (2-3 hrs)
This course explores selected international humanitarian law topics of special relevance to current developments in the laws that govern armed conflict. This course also focuses on the contemporary international conflicts, future threats, and their impact on the application of International Humanitarian Law. English
 

LAW - 721 Law of the Sea (2-3 hrs.)
Combines a traditional overview of the law of the sea with a focus on contemporary issues such as environmental preservation, fisheries management, public enjoyment, and resource exploitation. To achieve this balance, the course will explore a number of case studies, including the Spratley Island dispute involving China, Vietnam, Malaysia, and the Philippines; the Caspian Sea hydrocarbon dispute; and the Malaysian-Indonesian dispute recently submitted to the International Court of Justice. Particular emphasis will be placed on the interrelationship between international law and policy, noting how law shapes policy outcomes and how policy choices shape the development of law.
 

LAW - 725A International Protection of Human Rights (2-3 hrs.)
Explores the interrelationships between U.S. and international law; contested or ambiguous moral values; and U.S. foreign policy ends, means, and processes as they affect efforts to defend and promote human rights. The course is designed to provide information on the substantive norms of human rights, the philosophic basis for the concept of rights and the leading points of controversy about the existence or character of certain rights that appear in conventional enumerations, the subtle and not-so-subtle ways in which ideological and material interests influence the definition and enforcement of rights, and the ways in which policy makers attempt to reconcile the demand for human rights enforcement with more traditional foreign policy objectives.
 

LAW - 725B Gender and Human Rights (3 hrs.)
The primary purpose of this course is to explore issues in international human rights law as they relate to concepts of gender, gender identity and intersectionality, as well as their application and enforceability. In a participatory way, the course will examine the underlying assumptions, principles, and approaches of universal and regional international human rights instruments and bodies regarding gender, relations, gender-based violence and discrimination. The course will review emerging issues in international human rights such as sexual reproductive rights, rights of women with disabilities, international protection of trans persons, among others. The evaluation will consist of a take-home exam or the drafting of an advocacy document.
 

LAW - 725R International Justice for Human Rights Violations (2 hrs)
This course explores human rights accountability from different angles. First, the course examines the development of amnesty laws under international human rights law, the duty to investigate and prosecute, and the interaction between domestic and international human rights principles and procedures. Second, the course explores the advantages of universal jurisdiction. The course addresses development of international criminal tribunals. Overall, this course will examine the historical evolution of the notion of human rights accountability, and the related tensions between the pursuit of justice and realpolitik.
 

LAW - 726 Development, Finance, the World Bank, and IFIs (2 hrs.)
Study of the principal international financial institutions, including the World Bank and the International Monetary Fund.

  

LAW - 738 International Courts (3 hrs.)
Considers the role of international courts in developing international law. Students study the evolution and structure of international courts and arbitral tribunals and examine how those bodies discern and apply principles of substantive international law. Particular reference will be made to traditional sources in international law, such as treaties, custom, general principle of law, and secondary sources.
 

LAW - 739 Advanced Human Rights (3 hrs.)
Considers the scope of a selected group of relevant human rights recognized in international conventions and analyzes how the protections afforded by those treaties operate in actual practice. Students analyze the case law developed by international supervisory bodies, such as the Human Rights Committee, under the International Covenant on Civil and Political Rights, the Inter-American Commission and Court of Human Rights, under the American Convention on Human Rights, and the European Court of Human Rights, under the European Convention on Human Rights. Also, we will study selected decisions of domestic courts that apply international human rights law or raise human rights issues relevant for the topics covered in class. Next, they study the scope of the restrictions applicable to human rights obligations as well as the doctrines of deference applied by international bodies when supervising state compliance with those obligations. As part of this section, students focus on the notion of state of emergency and derogation of human rights obligations. Third, they analyze the scope of core rights protected by civil and political rights conventions, namely the right to liberty and security of person, the right not to be subjected to torture or other cruel, inhuman or degrading treatment or punishment, the right to a remedy and the right to a fair trial. As part of the existing challenges to the protection of human rights, students explore the concept of universal jurisdiction and study the relationship between international human rights law and international humanitarian law, particularly in the context of the ongoing war against terrorism. Finally, students consider the scope of protection afforded to certain vulnerable groups. International Human Rights and Humanitarian Law LLM Only Online class
 

LAW - 739A Human Rights and Terrorism

(3 hrs.)
Examines the impact that key laws and policies adopted in the US and other countries after the 9/11 attacks have had globally on the rule of law, international human rights and, where applicable, international humanitarian law, (the law of armed conflict). Among the topics that students will explore are: Can respect for human rights actually assist counter-terrorism efforts? Are past experiences with terrorism relevant to the contemporary terrorist threat? Should terrorist suspects ever be subjected to torture? What are the significance and consequences of the US War on Terror? Have the enhanced powers of intelligence services world-wide and intelligence sharing contributed to serious human rights violations, such as torture? What impact have counter-terrorism measures had on the civilian justice system? Should military or special courts try terrorist suspects? The assigned reading are global in scope, drawing on cases from, inter alia, the US, the United Kingdom and human rights treaty bodies, such as the European Court of Human Rights, and the reports and publications of Human Rights Watch, the International Commission of Jurists and other respected NGOs.
 

LAW - 739C European Human Rights Law

(2 hrs)
Reviews the individual petition system and mechanisms for supervision of state obligations under the European Convention on Human Rights (ECHR), including the functioning of the European Court of Human Rights and the role of the Committee of Ministers of the Council of Europe in supervising the enforcement of the Court’s judgments of the Court. The course focuses on the role of legal practitioners in the implementation and application of this regional treaty and analyzes the extent to which norms of international human rights have penetrated the domestic law of the state parties to the ECHR.
 

LAW - 739D Women and International Human Rights Law

(2 hrs)
This course addresses the challenges of achieving the international legal protection of the human rights of women. It reviews how international and regional human rights conventions, especially the American Convention on Human Rights, have been applied to prevent, punish and remedy the violations of women’s rights in different tribunals. It examines how the norm of the prohibition of all forms of discrimination against women has been applied, and how it might be more effectively applied in particular sectors. It explores how feminist theories, empirical data, and narratives might be used to expose women’s experiences of injustice. The course aims to go beyond a formalistic understanding of international legal obligations in order to examine different approaches to fostering compliance with the human rights of women in different cultures and religious traditions.
 

LAW - 739S Human Rights and Development

(2 hrs)
These fields in theory, applied research and practice. Many bilateral and multilateral aid organizations, non-governmental organizations and development, workers now profess to implement “rights-based approaches” to development, which have been welcomed in some sectors, but not all. There will be a strong institutional focus to the course, with a close look at the roles and functions of United Nations development agencies, international development and financial institutions including the World Bank and International Monetary Fund, transnational corporations and business entities, set against political debates on human rights and development in inter-governmental bodies. Finally, consideration will be given to accountability mechanisms at global, national and local levels, where innovative and practical synergies between human rights and development might be identified.
 

LAW - 775 Labor Migration and the Global Economy

(3 hrs.)
Explores the dynamics of labor migration in the global economy, and efforts by governments and international institutions to manage this migration. The course will examine and assess diverse law and policy interventions designed to maximize the potential benefits and minimize the related costs of labor migration for countries (of origin and of destination) and the migrants themselves. The course begins with an in-depth look of the patterns and practices of global labor migration into both formal and informal labor sectors, focusing on the emigration push and immigration pull factors that lead individuals to migrate and governments to facilitate and encourage the migration. The course also looks to the growing role of recruitment agencies in facilitating the migration in response to increased border controls worldwide and its impact on the conditions of migrant work. Having established an understanding of the dynamics of global labor migration, the course examines international, regional, and national legal frameworks targeting migrant work, with an eye to identifying the gaps in coverage and implementation challenges. The course then assesses alternative law and policy interventions proposed and implemented to better manage labor migration and protect migrant workers. The course will include a strong gender perspective on these issues, analyzing the causes of the increasing feminization of migration for work, including the feminization of poverty and the social construction of demand for migrant women’s labor.
 

LAW - 817 Advanced Issues in International Trade (3 hrs.)
Considers trade law as an instrument for economic development. The focus primarily is on trade problems and policy in the United States, comparing it with trade law and policy in other countries.
 

LAW - 828 Space Law and Satellite Communication Seminar (3 hrs.)
Provides an overview of international and U.S. domestic law applicable to satellite communications, satellite remote sensing, launch vehicles, the space station, and other space projects. The focus is on international treaty interpretation, domestic licensing procedures for satellites and launch vehicles, launch service agreements, and satellite procurement contracts.

LAW - 832 Intellectual Property Practice at the U.S. International Trade Commission (2 hrs)
IP at the USITC examines the unique procedural and substantive issues that distinguish ITC IP investigations from litigation in US district courts. Taught by active ITC practitioners, the course seeks to provide practical litigation exercises. Students must take LAW 501 Civil Procedureor LAW 580 Introduction to American Legal Institutionsand at least one of the following classes prior to enrolling in this course:LAW 670 Intellectual Property Policy and Law, LAW 688 Patent Law, or LAW 609 U.S. Trademark Law. Other courses in International and Comparative IP and courses from the PIJIP summer sessions may also fulfill this requirement. English
 

LAW - 835 International ADR: Global Sovereign Disputes Practicum (3 hrs)
This course provides a series of practicums that allow students to understand and master the theoretical, practical, and strategic problems presented when a U.S. company becomes embroiled in a dispute with a foreign sovereign entity. Based upon a simulated fact-pattern with discrete modules, the course addresses the substantive and procedural aspects of resolving legal disputes with foreign states in various fora, including domestic courts, commercial and investment arbitration, and mediation. Students must take LAW 614 Alternative Dispute Resolution, LAW 661 International Business Transactions, LAW 675 Transnational Litigation, LAW 679 International Investment Law, LAW 789 International Commercial Arbitration: U.S. and Comparative Perspectives, LAW 972 Bilateral Investment Treaty Arbitrationbefore enrolling in this course. Taking this course without any of the co-requisites or pre-requisites requires permission of the instructors or WCL full-time arbitration faculty. English
 

LAW - 842 Transnational Crime and the State (2 hrs)
Through seminar discussion, students examine transnational crime and its effect on the state. Reading assignments differ so students are exposed to the variety of material (U.S., foreign, and international) that supports this specialization. Discussion culminates in a mock intergovernmental forum to propose recommendations for future action. Throughout the semester, students also conduct independent research on topics of their choice, which they then present at the conclusion of the course. None. Students must takeLAW 508 Criminal Procedure Iprior to enrolling in thsi course. None. English
 

LAW - 850 International Criminal Law

(3 hrs.)
Surveys both substantive and procedural aspects of international and transnational criminal law. Examines historical origins as well as contemporary trends in the development of international crimes. Identifies the elements of major offenses including piracy, slavery, drug trafficking, terrorism, war crimes, environmental pollution, money laundering, genocide, and aircraft hijacking and explores the incorporation of international criminal law in domestic codes. Students examine the jurisdictional and enforcement responsibilities of international, transnational, and national agencies and tribunals. An overview of international and national enforcement mechanisms and techniques and of the procedures affecting the rights of offenders and victims is included. Prerequisite: Criminal Law (LAW-507).
 

LAW - 854 International Energy Law

(3 hrs)
This course aims to provide you with an understanding of the basic principles of International Energy Law and how an independent body of knowledge is developing in this field. We will focus on how public and private international law consider the various actors, socio-economic interests, and environmental concerns associated with the exploitation of energy sources, and attempt to provide targeted legal tools and instruments that regulate energy production and consumption. English
 

LAW - 862 Human Rights and their Relation with Environmental Law and the Right to Development

The first part of the course focuses on the link, interdependence and international protection of human rights and environmental rights through the analysis of principles, law, doctrine and paradigmatic cases. The second part of the course exposes students to human rights issues stemming from the process of economic development, including the relationship between the right to development and human rights. 

HUMAN RIGHTS AND INTERNATIONAL TRIBUNALS

(3 hrs)
This course explores the history of international justice, the development of contemporary international courts, and the impact and relevance of these courts in the field of human rights. This course also focuses on the history of the creation of the European Human Rights System, its evolution, and its operation with and access to the European Court of Human Rights.

  

LAW - 867 Practical Aspects of Arbitration

(1 hr)
This workshop is designed to provide students with essential advocacy skills required to participate in an arbitration, including the cross-examination of witnesses. Participants will gain their skills by acting as counsel for a party to a mock arbitration under the rigorous scrutiny of a leading arbitration practitioner. 
 

LAW - 876 Case Studies in Ethical Challenges for Government Attorneys

(3 hrs.)
Detailed historical & contemporary exploration of development and application of ethical standards for government attorneys, from Watergate to Drones. Using cases of Presidents Nixon, Clinton, Bush and Obama, VP Agnew, Deputy AG’s Kleindienst & Comey, Congressional members & staff, Judges & Justices, Justice & Defense Department officials and line lawyers, and ethical issues in policy-making on Torture & Drones, the course examines effectiveness, and impact on public confidence, of existing ethical constraints on government lawyers. Surveys guidance and remedies from state & national bar rules, federal rules, regulations, statutes, Congressional ethics processes, Office of Government Ethics, Inspectors General, DOJ Professional Responsibility Offices, Judicial Conference, Circuit Councils, international agencies. LAw-550, Legal Ethics or LAW-551, Professional Responsibility: Theory and Practice
 

LAW - 884 International Debt Workouts

Simulation of a cross border debt restructuring, course involves the out-of-court workout of a distressed corporation in an emerging economy. Students will act as attorneys representing a multi-national bank. Objective are to experience: 1- the legal framework related to international debt restructuring, 2- the principles and best practices of international debt restructurings, 3- legal risk analysis skills and document structuring as applied to a troubled international financial transaction, and 4- cross border negotiation strategies. Students must take LAW 611 Business Associationsprior to enrolling in this course. English
 

LAW - 886 Global Perspectives on the Rights of Persons with Disabilities

(2 hrs)
This course examines the contribution of international human rights law and process to the protection of the rights of persons with disabilities, with an emphasis on the Convention on the Rights of Persons with Disabilities. The course explores such issues as non-discrimination and reasonable accommodation, the campaign to ban institutionalization, violence against women and girls with disabilities, legal capacity, inclusive education, the health rights of people with disabilities, and disability inclusive development. English
 

LAW - 893 Public Interest Practice

(2 hrs.)
This is a course about the concept and evolution of what is most broadly referred to as “public interest” law and practice; the broad themes that practice in this area raises - themes about race, gender, class, wealth, etc.; and some of the significant cross-cutting issues in this area of practice, such as funding and scarcity of resources, competing delivery models, third party interference or resistance to the work, and client voice or autonomy within a cause. The course will examine 1) who public interest lawyers were, at the origins of the movement, and who they are today; 2) what public interest lawyers do; and 3) challenges for public interest lawyering, with particular focus on ethical dilemmas, the globalization of law, and new directions in the field. The course will examine international human rights advocacy as well as domestic advocacy, with an eye toward preparing students for careers in the field of public interest practice, whether here or abroad. These stories include topics such as the following, told through particularly noteworthy cases or crises: human rights advocacy; international law; civil rights; famous trials; and/or race stories.

  

LAW - 915 Legal Ethics for Trial Lawyers

(2-3 hrs.)
This class surveys the ethical terrain for litigators in both the criminal and civil context. The course uses case law, bar opinions, and role play exercises developed by the National Institute of Trial Advocacy (NITA) to allow students to identify and resolve ethical issues through simulated exercises. This course is a practical, exercise driven course that sensitizes students to the common conflicts that arise in litigation, informs them of the rules that govern their conduct, and allows them to work through conflicts in a safe environment where mistakes are not costly to themselves or their clients. LAW-550 Legal Ethics (LAW-550) or LAW-551 Professional Responsibility: Theory and Practice

  

LAW - 963 International and Comparative Patent Law

(2 hrs.)
Provides a general introduction to international patent law in theory and practice. The class examines patent laws from an international perspective and explores evolving international jurisprudence. The foundation is the fundamental principles and the black letter law of international treaties. Students also look at current themes in international policy debates, such as biotechnology and electronic commerce. The focus is on practical aspects of international patent acquisition and enforcement. The class considers various treaties, including the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) and global enforcement issues, as well as the European Patent Office and PCT practice. Students also discuss unity of invention and other examination standards and U.S.-global harmonization. Recommended: Patent Law (LAW-688).

 LAW - 978 Responses of International Law to Conflict-Based Sexual and Gender Violence

  (2 hrs.)
Provides an overview and evaluation of international humanitarian law (IHL) and international criminal law relating to women and conflict. Specifically, the course will explore how women in times of conflict are treated under the various categories of the laws of war, such as civilians, combatants, detainees, refugees, and internally displaced persons, but also question whether these laws are sufficient to encompass the considerable variety of ways women are affected by conflict. In particular, the course will examine feminist critiques of IHL and consider the links between conflict and issues such as women’s inequality and inequitable economic and social conditions, and query whether these conditions lead to new and different types of discrimination against women in times of conflict. The course will also look at the developing jurisprudence dealing specifically with gendered violence from the ad hoc international criminal tribunals for Rwanda and the former Yugoslavia and the “hybrid” or internationalized courts, as well as the provisions specifically relating to women in the Rome Statute and the practice of the International Criminal Court in implementing these provisions. The course will also examine from a critical feminist perspective, the consequences, both intended and unintended, of the prosecution of sex-based and gender-based crimes by these courts and tribunals.

LAW - 982 Application of International Arbitration Fundamentals

(3 hrs.)
Focuses on actual, real world experience and situations in international arbitration. The course is case-based and takes students through the stages of an international dispute, promotes strategic thinking, as well as requiring drafting pleadings and arguments based on legal knowledge and the factual scenario presented.
 

LAW - 989 International Protection of Vulnerable Groups

(2 hrs.)
An introduction to the concept of vulnerable groups: who they are, why they are considered “vulnerable,” and what their rights under International Human Rights Law are. We will appraise state and non-state actors’ responsibility vis-vis vulnerable groups. We will analyze in detail the tripartite typology of state obligations in the field of human rights and a framework detailing obligations of non-state actors. The first vulnerable group that we will examine will be children. To this aim, we will explore the 1989 UN Convention on the Rights of the Child and the mandate of the Committee on the Rights of the Child. The examination of the practice of some regional human rights bodies that have enforced children’s rights will complete the overview of the protection of children under International Human Rights Law. Subsequently, the course will focus on the protection of people living with HIV/AIDS by analyzing Article 12 of the 1966 UN Covenant on Economic, Social and Cultural Rights and the practice of the Inter-American Commission of Human Rights and the European Court of Human Rights. We will also tackle challenges of the protection of internally displaced persons (IDPs), both under International Human Rights Law and Humanitarian Law, and the legal protection of disabled persons at the UN, African and European level. The course will conclude with an analysis of the human rights of the Roma Population and the protection afforded to the human rights of the poor and destitute by the South African Constitutional Court and the Indian Supreme Court.

 

Clinical Program

All clinics have their own seminar components for which students must register separately and which will be reported separately on their transcripts. Applications for enrollment in all clinics are due at the approximate time of preregistration during the preceding spring semester. Further information about the enrollment process is distributed to all students each spring.

  

LAW - 753 Clinic Fieldwork: Women and the Law

(8 hrs. per year)
Students represent indigent women in the District of Columbia and Maryland. Representation usually begins with a family law or immigration matter, and students then decide whether to represent their client in related matters. Students have full responsibility for their cases, while working under the supervision of the faculty. The program focuses upon learning the essentials of being a lawyer, including representation in court and administrative proceedings, as well as in transactional matters, and examining the role of gender and law in shaping women’s experiences with the economy, state programs (such as social welfare, immigration and housing) and their families. Through the mixture of matters in each case, students explore how as lawyers they can assist their clients with issues that are critical in their lives. In addition to representing clients under the supervision of clinic faculty, students participate in weekly rounds about their cases and in a seminar about the theory and practice of client-based advocacy. Through this clinic, students may participate in a specialized focus on representation in proceedings addressing domestic violence (Domestic Violence Clinic). Students represent clients in actions in the District of Columbia Superior Court to obtain a Civil Protection Order and in immigration matters under the Violence Against Women Act. They examine how lawyers assist clients who face violence in their lives, exploring the consequences of and alternatives to legal action, as well as the role of gender in relationships involving violence. Some students may spend one semester prosecuting domestic violence cases criminally in the U.S. Attorney’s Office for the District of Columbia. In addition to work on their cases, students participate in weekly rounds and in a seminar about the theory and practice of client-based advocacy. Prerequisite(s): Prerequisite: Evidence (LAW-633) (for Domestic Violence Clinic). Corequisite(s): Evidence (LAW-633) (for general Women and the Law Clinic); Legal Ethics (LAW-550) and The Lawyering Process (LAW-756).
 

LAW - 755 Clinic Fieldwork: International Human Rights (8 hrs. per year)
Students in the clinic handle cases involving the application of international human rights law and principles in domestic and international or foreign tribunals. Domestic cases are largely asylum and asylum-related claims in administrative immigration proceedings. Students represent individuals and groups who assert violations of a wide range of basic human rights, through litigation or projects. Litigation involving human rights issues will be prepared and argued by students where rules permit student practice. Students will also be involved in projects involving non-litigation dimensions of human rights law and policy: reporting, lobbying, press relations, and related aspects. In both human rights and asylum cases and projects, students will develop a sound case theory, investigate facts, prepare witnesses, and present evidence in hearings or trials. The clinic will focus particular attention on the issues of representation of clients in a cross-cultural context. Knowledge of a foreign language, especially Spanish or French, is extremely useful for the clinic but is not required. Pre- or co-requisites: The Lawyering Process (LAW-756), Evidence (LAW-633), and an international law or human rights course or any immigration course (LAW-656).

LAW - 759 Clinic Fieldwork: Immigrant Justice (8 hrs. per year)
The Immigrant Justice Clinic prepares students to be effective practitioners on issues affecting individual immigrants or migrants and their communities, both here in the U.S. and overseas. Students handle a broad range of cases and projects relating to immigration law, immigrant employment rights, civil rights, and international human rights. Cases are brought in Immigration Court, federal district court, the courts of Maryland and D.C., and before federal and state agencies. The Clinic is designed to develop core litigation and trial techniques, while also cultivating important non-litigation skills, including legislative/policy advocacy, community organizing, and working with the media. Knowledge of a foreign language, especially Spanish or French, is helpful, but not required. Pre- or co-requisites: The Lawyering Process (LAW-756), Evidence (LAW-633), and an international law or human rights course or any immigration course (LAW-656).
 

LAW - 764 Clinic Fieldwork: Disability Rights (8 hrs. per year)
Students in this two-semester clinic represent people with mental and physical disabilities in a variety of contexts-special education, admission/commitment for people with intellectual disabilities, the American with Disabilities Act, mental health system grievances, and international human rights settings, among others. The clinic focuses especially on the interaction between people with disabilities and the various systems that affect their lives. Students work in teams of two under the supervision of faculty members and are responsible for all aspects of the client’s case. The clinic is open to second-, third-, and fourth-year students. Corequisite: The Lawyering Process (LAW-756).

LAW - 768 Clinic Fieldwork: Community and Economic Development

(8 hrs. per year)
This program provides students with closely supervised lawyering experiences in a public interest law firm under the direction of members of the faculty. The teaching law firm concentrates on representing underrepresented clients through a variety of advocacy strategies: group and individual representation, litigation, regulatory and legislative advocacy, and public education. Currently, the clinic focuses on representing groups involved in tenant ownership and management in public and private housing, in community economic development, and in systemic advocacy. Individual meetings with the instructors, as well as a regularly scheduled two-hour seminar, are conducted each week. Unscheduled meetings may be called as required to conduct the work of the firm. Students are eligible for this program in either their second or third year. Corequisite: The Lawyering Process (LAW-756).

 

 

Experiential Learning

LAW - 657 International Trade Law I (3 hrs.)
This course analyzes the U.S. and multilateral legal regime (WTO) for regulating international trade in goods, services and intellectual property. The course begins with a brief introduction of international trade theory. It then examines the U.S. constitutional aspects of international economic relations and the legal structure of the WTO and the General Agreement on Tariffs and Trade (GATT). It next analyzes specific aspects of international trade regulation, including tariffs, quotas, and non-tariff barriers; the most-favored-nation obligation; free trade areas and customs unions; national treatment obligation; trade and environmental policies; escape clauses, safeguards; and adjustment policies; dumping; subsidies and countervailing duties; and U.S. retaliation against “unfair” trade practices.

LAW - 693A Advanced Antitrust: Practicum (1 hr.)
The one-credit practicum and associated two-credit advanced antitrust course will study legal and economic issues that arise in horizontal merger analysis under the antitrust laws, during enforcement agency review and litigation, along with advocacy issues that arise in litigating merger challenges in federal court. The course aims to prepare studentsto join a team investigating (for the government) or advocating (for the firms) a proposed merger and contribute immediately. Co-Requisite: Advanced Antitrust: Mergers (LAW-693) Pre-requisite or Co-requisite: : Antitrust Law (LAW-692)
 

LAW - 694 Criminal Trial Advocacy (3 hrs.)
The Criminal Trial Advocacy course is based on trial simulations, practical instruction, learning by doing, and feedback from faculty and fellow students. The course focuses on case theory, trial strategy and tactics, opening statements, examination of witnesses, and closing arguments. In this course student-attorneys try three fictitious cases. Students try the final case in a courtroom before a real judge and jury panel of undergraduate students. Cases are tried under the Federal Rules of Criminal Procedure and Evidence. Each section has two instructors, a judge and a law professor or attorney experienced in litigation. Special features of these classes are in-class discussions by a professional actor on the use of techniques to communicate more effectively and a homicide detective on the basics of criminal investigations. LAW-507 Criminal Law LAW-508 Criminal Procedure and LAW-633 Evidence

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