Course Descriptions — A through I

The administrative process, rules and rule making, inspections and investigations, administrative hearings, rules of evidence, presumptions, burden of proof, formal and informal actions, orders, the right to, methods of obtaining, and scope of judicial review are examined.

This seminar will cover two main topics: Taxation of Executive Compensation and Corporate Mergers & Acquisitions.

This course examines issues that arise in the formal processing of a criminal case. Statutes, case law, and rules will be discussed concerning bail and preventive detention, discretion to prosecute, speedy trial, discovery, double jeopardy, plea bargaining, trial by jury, confrontation, cross examination, and the exercise at trial of the privilege against compelled self-incrimination.

This seminar provides students with the opportunity to delve into advanced aspects of trial practice theory through research, writing and class presentations. The seminar will closely examine scientific evidence, including concerns raised by the increasing use of experts and the importance of cutting edge scientific, empirical or statistical proof, including DNA evidence. Students will select topics for individual exploration.

This course is designed to continue the examination of the basic substantive provisions of the federal income tax law begun in Basic Federal Income Taxation, including the following general topics: income splitting and assignment, realization and recognition of gain and loss, capital transactions, the investment credit, and other taxable entities.

The process and techniques of research necessary for the practice of law are explored from historic, conceptual, and practical perspectives. The tools of legal research, including technology based sources, are investigated in detail. Skills needed to research factual issues will also be developed.

Students work with case files through written exercises and classroom simulations to gain a thorough understanding of the procedural rules and advocacy tools used in the pretrial stages of litigation. The course grade is based upon class participation and the written exercises.

This course is principally an examination of antitrust law and policy in the U.S. as evolved through prosecutions by the U.S. Department of Justice and the Federal Trade Commission. There is brief coverage of: (a) European Union and Canadian competition laws plus evolving proposals for supranational norms; and (b) leading market regulatory schemes such as those affecting marketing of foods, drugs, textiles, toxic substances, securities, and consumer products. In the antitrust area, commercial conduct alleged to violate price fixing, market allocation, tying, exclusive dealing, asset acquisition, and price discrimination norms are considered at length with some attention to state antitrust law.

Banking Regulation (CCLAW 957) — 2 credits

This course will focus on banks as financial intermediaries and compare them to other depository institutions and to both the securities and insurance industries. The dual banking system of state and federal regulation will be covered as to bank formation, powers, antitrust considerations, mergers, and geographic restrictions on business location. The course will explore the types of ownership of banks and the regulation of bank-holding companies and their subsidiaries engaged in nontraditional banking activities. The course will include deposit insurance systems and the problems of troubled banks.

Prerequisites: None

The rights, duties, and remedies of both debtor and creditor are examined. The course covers the collection process, enforcement of money judgments, and insolvency proceedings. Federal bankruptcy law is emphasized.

This course examines the basic substantive provisions of the federal income tax law. Included are the following general topics: gross income, exclusions, deductions, depreciation, basis, tax accounting, and other provisions affecting situations encountered by attorneys in general practice.

Prerequisites: None

This course will provide students a comprehensive understanding of the legal issues posed by developments in genetic technologies. The course will provide an overview of the history and technical foundations of the field and examine the legal dimensions of biotechnology. Generally, the course will examine how the law reacts to legal problems that arise from new technologies and examine whether the law is capable of anticipating such problems and acting prospectively.

Business Planning for Mergers and Acquisitions I (CCLAW 964) — 3 credits

This course first focuses on various topics that are important in M&A transactions involving both closely-held and publicly-held corporations, including directors duties, shareholder voting and dissenters' rights, basic issues under the Federal securities laws, fundamentals of Federal income taxation and accounting, use of modern valuation techniques, including DCF and CAPM, in M&A, and basic issues in antitrust and pre-merger notification. The course then turns to an analysis of various forms of negotiated acquisition, including acquisitions of stock and assets of closely-held corporations and acquisitions of publicly-held corporations in negotiated transactions. The course is based on the first half of Thompson, Business Planning for Mergers and Acquisitions: Corporate, Securities, Tax, Antitrust, International, and Related Aspects (2008).

Prerequisites: CCLAW 963 Corporations Recommended

Business Planning for Mergers and Acquisitions II (CCLAW 965) — 3 credits

This course builds on the topics covered in Business Planning for Mergers and Acquisition I, and is based on the second half of Thompson, Business Planning for Mergers and Acquisitions: Corporate, Securities, Tax, Antitrust, International, and Related Aspects (2008). The course starts with an examination of leveraged buyouts, and then focuses on the drafting of various types of acquisition agreements. The course then looks at proxy contests and then turns to hostile takeovers and going private transactions regulated by the Williams Act provisions of the Securities Exchange Act of 1934. The course then looks at special topics in M&A, including spinoffs, international M&A, bank acquisitions, acquisitions of public utilities, bankruptcy acquisitions, joint ventures and ethics issues in M&A.

Prerequisites: CCLAW 963 Corporations and CCLAW 964 Business Planning for Mergers and Acquisitions I Recommended

Selected practical problems involving the planning of business transactions, with emphasis upon the small business enterprise, are examined. Topics include: organization of close corporations, partnerships and LLCs; employee compensation; sexual harassment and discrimination issues; executive hiring negotiations; and raising capital through the sale of securities. This course is strongly suggested for anyone who plans on representing businesses.

Prerequisites: TAX 949 Basic Federal Income Taxation , CCLAW 963 Corporations strongly recommended

Civil Liberties Litigation (CL&CR 956) —3 credits

This course examines the protection of individual rights afforded by the Constitution by analyzing litigation involving violations of individual rights by the government and its officers. The principal substantive areas addressed are prisoners' rights, police misconduct, and political surveillance. In the process of examining the substantive civil rights issues, the course will analyze advanced concepts of civil procedure, constitutional law, federal jurisdiction, and trial practice. (Offered in alternate years.)

Civil Procedure concerns the rules and principles that govern the litigation of a civil case. The course addresses systemic issues related to how and where a lawsuit is filed, including: personal and subject matter jurisdiction; venue; the notice required once a lawsuit has been filed; and which substantive law-state or federal-should apply in federal court. The course also familiarizes the student with the stages of a lawsuit, including: pleading; structuring the lawsuit; discovery; termination of a lawsuit without trial; trial; and actions that may be taken after a jury verdict or bench trial. Although reference is made to state laws, the course concentrates on the Federal Rules of Civil Procedure.

This course introduces students to the dynamics of a productive attorney-client relationship, the goals of interviewing and counseling, and structures and techniques that can be used to achieve those goals. The focus is on developing students' skills in interviewing and counseling. Instruction consists of assigned reading, problem-solving exercises, group discussion, and practice through simulations.

This seminar seeks to examine selected aspects of the Commercial Law of the European Union. It provides an introduction to the distinct methodology of EU law and the European Court of Justice, examines the principles of the internal market, and focuses on aspects which are particularly important for US lawyers from a practical or a theoretical perspective. It covers, among others, the following topics: Introduction to the fundamentals of the EU Legal Order; the internal market; free movement of goods, customs duties, discriminatory and protective taxation; quantitative restrictions on trade; freedom of establishment and services; free movement of companies; financial services; aspects of competition law; anti-competitive agreements and monopolies; enforcement of competition law; selected comparisons with WTO and NAFTA.

This course will explore current issues in communications law including First Amendment constraints on the regulation of the content of telephone calls and television advertising, cable TV monopolies, and telecommunications regulations and deregulation. Course materials explore regulatory, constitutional, and antitrust law principles as they apply to broadcast, cable, and telecommunications activities.

The principal objective of this course is to provide students with a greater understanding of how their country's body of constitutional law is shaped by history, institutions, and current values. The comparative project, by focusing on narrow differences between two very similar countries, allows students to move beyond an acceptance of basic premises of constitutional law as "natural" or "inherent." As an important dividend, students will gain basic knowledge of foundational concepts in the legal landscape of their country's largest trading partner, hopefully providing students with a comparative advantage in seeking employment with government offices and private firms whose clients engage in substantial cross-border transactions.

The purpose of the course is to bring the techniques and goals of comparative law to bear on the study of different structures for organizing a government, and different approaches to the conception of a just, effective, and stable form of government. The course starts with an introduction to the issues and methodologies of comparative constitutional law. We then consider the role and structure of constitutional courts. The course then covers some or all of the following issues: (i) the role of constitutional courts in policing or enforcing boundaries of power among different organs of government; (ii) federalism and constitutionalism; (iii) the protection of the rights of territorial, linguistic, racial, religious or other minorities within the nation; (iv) protection of religious freedom; (v) protection of speech; (vi) protection of social and economic rights.

This course examines the contribution of the judiciary to political governance in comparative perspective. It focuses on the Supreme Court and the European Court of Justice, which is the highest court of the European Union. It also takes into account selectively judgments of other constitutional courts. It seeks to explore the function of judicial review in modern democracy through a study of judicial decisions in selected areas. It examines the relationship between the judiciary and the other organs of government and the role of courts in protecting the citizen. It focuses on the following areas: federalism, the protection of human rights, the principles of democracy, non-discrimination, equality, proportionality, legitimate expectations, and fair hearing; Locus standi, remedies for the protection of constitutional rights, and the liability of public bodies and state agencies.

An introduction to civil law tradition and to the modern legal systems in Europe, Latin America, Africa, the Middle East, and Asia that have grown out of or have been substantially influenced by it. This course provides a foundation for subsequent study of international business transactions, East European law, private international law, and the law of such international organizations as the European Community, the Central American Common Market, and the Andean Pact. Emphasis will be given to procedural problems faced by domestic courts when they have to decide cases involving foreign law and the fundamental differences in approach and method between common law and civil law. (Offered in alternate years.)

How do we resolve problems when the substantive law or procedural rules of states or nations conflict? For example, if Hawaii enacts a statute permitting same-sex marriages, must other states recognize such a marriage? If an American-owned factory explodes in India, may the injured pursue claims under American tort law? The course will provide a review of jurisdictional concepts introduced earlier in first-year courses, introduce choice of law issues for multistate or multinational transactions or events, and examine the influence of the U.S. Constitution on the reach of a state's judicial decisions or legislation outside the state.

Conflict Resolution Theory Seminar (SEM 909) — 2 credits

This seminar is a capstone offering available to students about to complete the certificate program in Dispute Resolution and Advocacy and to other students to the extent that space is available. The seminar will examine theories of conflict and conflict resolution, including game theory, economic theories, psychological and cognitive theories, and persuasion theory, procedural justice issues, and social and literary phenomena relating to conflict. The seminar will draw heavily on sources in the social sciences and humanities, as well as on legal sources. The precise content of the seminar will vary from year to year depending upon the interests of the instructor, the interests of the students, and recent contributions to scholarship in the field.

The course examines the roles of the executive, legislative, and judicial branches in determining limits of national and state powers and protection of the individual and civil rights provided in the United States Constitution.

This course examines current constitutional doctrine concerning religion under the First Amendment to the Constitution. The focus will be on the essential cases and principles of the Free Exercise and Establishment Clauses of the First Amendment. These cases and principles are organized along three thematic lines: (1) the regulation of religious activity (free exercise and neutrality, governmental interests, legislative accommodation), (2) the funding of religious activity (establishment and neutrality, governmental support of religious institutions), and (3) the treatment of religion in government's culture shaping activities (public schools, school curriculum, religious speech). The course ends with a discussion of the definition of "religion" for purposes of federal constitutional law.

The course covers principally contract law as adapted specifically to the construction industry. It includes the perspectives of construction owner, architect/engineer, contractor, subcontractor and bonding company, both in the context of private and public construction projects. The principal areas of inquiry are contract structure, risk sharing, payment and security mechanisms, claims related to time, disruption and extra work, and claims arising from construction defects. It will also cover dispute resolution methods employed in resolving construction claims.

This course will deal with federal and state statutes and regulations that primarily protect the consumer. Federal laws covered in detail are the Magnuson-Moss Warranty-Federal Trade Commission Improvement Act, the Consumer Credit Protection Act, and federal tax lien statutes. State laws on false and misleading advertisements and full disclosure will be examined, along with state procedures for attachments in the enforcement of money judgments.

Prerequisites: None

Contracts (CORE 905) — 4 credits

Contracts is concerned with the formation of contracts. The traditional offer and acceptance are analyzed in light of problems presented by modern bargaining techniques. Voidability of contracts formed by fraud, mistake, illegality, and unconscionable advantage is also stressed. The performance of contracts and the parol evidence rule are discussed.

The course addresses the legal protection afforded to authors and artists under common law and statutory copyright. It considers the rights granted, procedure for their procurement, and protection through litigation. The course also deals with international rights, conveyancing, and interface with the antitrust laws.

This course focuses primarily on income tax problems unique to corporations and the income tax problems arising from the shareholder-corporate relationship.

This course primarily addresses organization and operation of commercial organizations in the Anglo-American community. Preliminarily, sole proprietorships and partnerships are considered, after which corporations-for-profit are emphasized with some attention to business trusts and non-profit corporations. In the corporate context, duties of promoters, directors, officers, and other insiders are considered. Availability in the U.S. of the derivative action is treated in terms of both unincorporated and corporate forms of organization. Also treated are the basics of securities regulation at the federal and state levels in the U.S. and the provincial level in Canada.

Prerequisites: None

This course deals with what is called substantive criminal law, i.e., crimes. Numerous crimes such as homicide, theft, and conspiracy are examined, and defenses such as self-defense and insanity are scrutinized. A primary focus of the course is the utilization and interpretation of criminal statutes.

Prerequisites: None

The Criminal Procedure course explores the interface between the criminal justice system and the United States Constitution. The course examines constitutional limits on police investigation and interrogation as well as the circumstances under which indigent defendants are guaranteed the assistance of counsel. In addition to introducing students to constitutional analysis, the course previews the ethical dimensions of defending persons accused of crime. The class also views a trial during the criminal term at the Court of Common Pleas.

This seminar will focus on two different themes. It will explore what it means to be a lawyer in the United States in comparison with what it means to be a lawyer in other countries. Among other things, participants will discuss the lawyer's role in society and the type of conduct that is regulated. This course will also examine the cross-border practice regulation that has emerged in response to the increasingly common circumstance of lawyers who handle a matter in a country other than their own.

This course covers the basic premises of compulsory education; issues concerning exclusion of students; school control of student behavior and curriculum; teacher employment problems; and issues of funding, minority rights, and school liability.

Elder Law (FMEST 963) — 2 or 3 credits

This course introduces substantive legal theories in modern elder law, including introduction to government programs, such as Medicare, Medicaid, and Social Security for old age retirement assistance; Advanced Planning documentation; Elder Abuse and Protective Services legislation; Nursing Home Rights legislation; and consumer fraud. Grading is based on evaluation of three components: in-class exercises, participation in community education activities, and a final examination on substantive legal theories.

This course introduces students to the law governing employer-provided benefit programs. It will begin with a look at the early development of welfare and pension plans offered through the workplace. The course will examine closely the landmark Employee Retirement Income Security Act of 1974 (“ERISA) and its subsequent amendments. Among topics to be covered will be defined benefit and defined contribution pension programs. This will include a survey of rules relating to pension taxation, vesting, funding, alienability, guaranty, and fiduciary duties. With respect to health insurance, the course will look at issues affecting both employee and retiree health programs, including collectively bargained ones. The course will also discuss the subjects of age discrimination in employee benefit programs as well as ERISA preemption.

This course will provide an overview of significant doctrinal issues in employment discrimination law, and will seek to develop students' skills through a rigorous examination of statutory law, regulations and court decisions. It will introduce students to the fundamental legal theories underlying the substantive coverage of the most significant federal equal employment opportunity laws, and legal issues regarding their application.

This course introduces some of the most important concepts, issues, and statutes in environmental law. After discussing the economic and ethical bases for environmental law and briefly reviewing the relevant principles of constitutional and common law, students examine a representative selection of federal statutes, including the National Environmental Policy Act, the Endangered Species Act, "Superfund," and the Clean Air Act.

This course explores the various forms of litigation that arise in the practice of environmental law. Citizen suit actions, toxic torts, government enforcement actions (both criminal and civil), and other forms of litigation will be examined. Emphasis is on the practical aspects of litigation, with active class participation assumed in a problem-oriented format. The use of scientific evidence and expert testimony will be explored.

This course is open only to third-year law students.  This course will acquaint students with federal estate and gift tax laws that must be considered in estate planning, and it will provide a general overview of state systems of wealth transfer taxation. Matters covered include the gross estate, deductions and credits, generation skipping transfer taxes, transactions subject to gift tax, and exclusions and credits available to shelter lifetime wealth transfers. Also covered will be non-tax issues to be considered in estate planning, probate issues and probate avoidance, forms of property ownership, and issues about the attorney-client relationship.   Although not required, students are encouraged to take TAX 950 Advanced Federal Income Taxation (which is a prerequisite for Estate Planning and Wealth Transfer Transactions II) or another advanced tax elective in their second year before enrolling.

This course is open only to third-year students.  This course will examine particular estate planning techniques, such as appropriate uses of the applicable credit amount and the marital and charitable deductions. Also to be explored are various types of inter vivos trusts and other lifetime wealth transfer devices, valuation issues, estate planning issues confronting owners of closely held businesses, and issues unique to qualified retirement plans.   Students are encouraged to take Advanced Federal Income Taxation prior to enrolling, but may take the two courses simultaneously.

This course examines basic principles of the Union legal system, such as free movement of goods, persons, services, and capital, the right of establishment, common commercial policy, and foreign policy. It also examines the organization and functions of the Union 's institutions and contrasts the United States federal experience. The relationship between Union law and the legal systems of member states will be addressed along with the jurisdiction of the Court of Justice. The relevance of the Union experience to the evolution of other common markets in North and South America and Asia will also be addressed.

This course presents evidence in trials under the Federal Rules of Evidence, at common law and in equity and with reference to administrative bodies. The reasoning from which rules arise in areas including relevancy, competency, privilege, examination of witnesses, writing, the hearsay rule and its exceptions, burden of proof, presumptions, judicial notice, and constitutional evidence problems is also addressed.

This course studies legal problems pertaining to the organization, operation, and dissolution of the family. It is divided into three parts: marriage and annulment; support, termination of parental rights, adoption, and care of the child; and divorce, alimony, property distribution at divorce, and custody of children.

This course deals with the basic principles of contracting with the federal government and emphasizes the differences between commercial and federal government contracts. It examines the relationship between the Uniform Commercial Code and government contracting methods of procurement, types of contracts, specialized clauses, award, protest, and other dispute remedies and procedures.

This course involves elements of constitutional law and civil procedure, addressing the relationship of federal courts to administrative agencies and state courts. Building on the foundational knowledge of federal subject matter jurisdiction addressed in Civil Procedure, this course examines in greater detail advanced problems in standing, mootness, and ripeness. Building on the foundational knowledge of separation of powers and federalism addressed in Constitutional Law, this course examines the power of Congress to allocate judicial power among federal courts, federal agencies, and States. The heart of the course, however, consists of advanced topics including the power of federal courts to create common law, limitations (and complications) in suits against the federal and state governments and their officials, problems arising when administrative agencies or state courts are addressing matters related to the subject of a pending case in federal court, and limitations on federal appellate jurisdiction. This course should prove especially useful to students who anticipate clerking for a federal or state judge, or who plan to litigate before federal or state courts or administrative agencies.

The seminar will utilize a separation of powers analysis to examine federal regulatory and legislative practice. Topics covered will include congressional investigations, federal regulatory agency jurisdiction and procedure, and areas of federal criminal law that are most relevant to legal practice in Washington, DC. The seminar's primary focus will be those areas of Washington legal practice in which administrative and regulatory law, federal criminal law, politics, and public relations intersect to create special problems and challenges for attorneys in government and private practice. A "case study" approach will be used to analyze these topics from both perspectives, examining the legal obligations and professional responsibilities of both government lawyers and private counsel. Highlights of the course include analysis of the Watergate, ABSCAM, Iran-Contra, Whitewater, and Clinton-Lewinsky scandals.

Student must register for the Washington D.C. Field Placement Clinic (FPWDC 997A) the same semester as Federal Regulatory and Legislative Practice Seminar (SEM 914).

This course is intended to provide an introductory overview of the federal securities laws. The primary focus of the course will be the Securities Act of 1933 and the Securities Exchange Act of 1934. We will examine the principal provisions of those acts and the implementing regulations of the United States Securities and Exchange Commission. We will also review judicial decisions that interpret and apply the federal securities laws and examine how the SEC administers and enforces those laws. Finally, we will study the new corporate and accounting reform legislation, the Sarbanes-Oxley Act of 2002. The first part of the course will focus on the registration requirement that applies to public offerings of securities, the registration and "due diligence" process, and the various exemptions from the registration requirement that may be available to an issuer. The second part of the course will focus on the antifraud provisions of the federal securities laws, the reporting and disclosure requirements applicable to publicly traded companies, lawsuits by private plaintiffs, and the Securities and Exchange Commission's investigative and enforcement powers.

Field Placement Clinics offer students the opportunity to work and learn in a variety of settings outside the law school under the supervision of a full-time faculty member. Placements are in public service or non-profit offices, including local, state and federal government and judicial offices. Students work with experienced supervisors in those offices to develop skills in legislative drafting, opinion writing, client counseling, research, administrative and criminal practice, statutory analysis and interpretation, and application and enforcement of regulations. Through their work and class discussions, students are expected to develop a heightened awareness of the methods and functions of the legislative, regulatory, judicial, and public interest representation functions.

Available clinical placements include state cabinet level agencies, state and federal judicial chambers, legal services offices, legislative offices, local governments, Penn State offices, and state prosecutor and public defender offices. More detailed information on our field placement clinic program can be found on our Field Placement Clinical Program Web page.

Students may not register for this course until they have secured an approved placement and obtained the permission of the faculty supervisor.

Office of the Prosecutor of the International Criminal Tribunal for the former Yugoslavia . The program provides an intense immersion experience for students interested in international criminal law. Students have the opportunity to work on cases in the trial or appellate chambers. They will research and write internal memos, draft motions and briefs, prepare witnesses and participate in meetings related to significant international criminal cases such as the case against those accused of perpetrating the Srebrenica massacres.

This field placement has a lecture component (FPICT 995B), and an independent research component (FPICT 995C).

Students enrolling in the International Criminal Tribunal field placement program must register for FPICT 995A, FPICT 995B and FPICT 995C. FPICT 995A and B are credit only, FPICT 995C receives a letter grade.

The clinic will enable students to pursue advanced training and research opportunities in a particular field beyond our curricular offerings. The areas of law will include federal criminal law, international law, federal civil regulatory agency practice and procedure, and public and private non-profit law. Students will have the opportunity to analyze sophisticated areas of law in a real world context. Each student participating in the Washington Semester is required to enroll in a concurrent two-credit seminar. In the classroom component students will analyze the legal obligations and professional responsibilities of both government lawyers and private counsel.

Student must register for Federal Regulatory and Legislative Practice Seminar (SEM 914) the same semester as the Washington D.C. Field Placement Clinic.

This course examines the values and functions of free speech, the regulation of political speech, expression in public places, symbolic expression, commercial speech, obscenity, and the special problems of reputation and privacy.

The course aims to offer thorough instruction on the role of the State in foreign economic relations, the purpose of foreign investment laws, the nature of foreign investment guarantees, the transaction aspects of foreign coporate vehicles, and the role of arbitration in settling foreign investment disputes.

The role of gender in the development of modern law is considered in a variety of contexts. Among the topics are discrimination in pay and conditions of employment, psychological and sociological criminal defenses, pornography, spouse abuse, reproductive rights, and issues of child custody, support, and property division. (Offered in alternate years.)

This course will explore many of the issues in international human rights law that are raised by gender and cultural difference. By looking at law and theory from a range of perspectives, the course will analyze the roles of gender and culture in the construction of various concepts and claims in the international law on human rights. The underlying assumptions, principles and approaches of the major UN human rights instruments will be examined, as will arguments regarding the application of those instruments in national legal systems. The course will also address the ways in which the intersection of identities (racial, religious and sexual, for example) affect both the enjoyment of rights and the shaping of human rights advocacy.

This course focuses on federal and state regulation of the major players in the health care industry-hospitals, nursing homes, physicians, health insurers, and managed care organizations. It covers liability of hospitals and managed care organizations for negligence, the duty to treat as applied to hospitals and managed care networks, the regulation of private health insurers, Medicare and Medicaid, false claims statutes, federal fraud and abuse regulation, and more. The course will expose students to issues and regulations that government and corporate health care lawyers regularly address.

This course is intended to provide students with a general knowledge of immigration law, including such critical subjects as the constitutional powers of the federal government over immigration matters, admission and exclusion, entry, deportation, and political asylum.

In the Independent Study course the student, under the supervision of a full-time member of the faculty, will be permitted to do research and write a paper of a substantial nature on a significant subject.

In-House Clinics are:

A study of special legal principles applicable to insurance contracts with an examination of the insurance industry and insurance marketing, the identity of persons and interests protected, the nature and selection of risks, the rights and duties of the contracting parties, and the enforcement of claims is undertaken.

Prerequisites: None

This course will examine with an international perspective the legal status of national air space and outer space and the legal problems surrounding man's activities in these environments. The law governing international and domestic air transport will be surveyed, and the course will conclude with a look at law on the "high frontier."

This course will concern the scope of international criminal law, the definition of international crimes, principles of jurisdiction, procedures for international criminal prosecutions, and examples of international criminal law.

This course introduces students to key concepts and doctrines of international law. It examines the sources of international law such as custom and treaty, the bases of international jurisdiction, issues of statehood, recognition and succession, nationality, international agreements, and U.S. participation in the international legal system. The course provides students with the basics needed for both public and private international law practice.

Prerequisites: None

International organizations play an influential role in the world today. Just a few of the fields they address are peacemaking and peacekeeping, labor relations, food production and distribution, education, health, economic development, monetary affairs, international trade, civil aviation, telecommunications, protection of intellectual property and nuclear energy. This course will examine lawmaking and regulation by international organizations, the regulatory impact of governance by these organizations, issues of legal personality, membership, participation, rights of members and termination of membership, as well as enforcement and dispute settlement. Focus will be on the United Nations and its specialized agencies, including the World Health Organization, the Food and Agriculture Organization, UNESCO and the International Labour Organization.

Prerequisites: None

International Protection of Human Rights Seminar
(SEM 922) — 3 credits

This seminar provides an introduction to international human rights law and procedures. It examines what are "human rights" and explores the law of treaty interpretation, how human rights law is incorporated into domestic legal systems, and the role of international governmental organizations, international and regional courts, and non-governmental organizations in protecting human rights. Students also learn how to research international law, and how to write legal analysis based on international law.

International Refugee Law Seminar
(SEM 923) — 2 credits

This course is intended to provide an introduction to the basic framework of international refugee law. It begins by laying out the historical, political and philosophical background to the development of the concept of "refugee" in the twentieth century. It examines this legal framework within the context of the broader human rights system. The cardinal provisions of the principal international instruments establishing this framework — in particular the 1951 UN Convention Relating to the Status of Refugees and the 1967 Protocol thereto — are examined against the domestic legal regime establishing the substantive, procedural and evidentiary requirements for making a claim for asylum under U.S. law.

This course addresses the provisions of the Internal Revenue Code that govern the U.S. operations of foreign persons (i.e., inbound transactions) and the foreign operations of U.S. persons (i.e., outbound transactions). The course will be divided into four parts: Part I provides a general introduction and introduces the impact of tax treaties; Part II focuses on the taxation of inbound transactions; Part III focuses on outbound transactions; and Part IV focuses on cross-border mergers, acquisitions and joint ventures. The course considers both the rules set out in the Internal Revenue Code governing these transactions and the modification of these rules under the U.S. Model Income Tax Treaty. To provide a comparative approach to the issues, the chapters briefly address the manner in which South Africa, which recently modernized its international tax system, taxes the particular transaction under consideration. Book: Thompson, U.S. International Tax Planning and Policy.

This course examines the legal framework for international trade and its potential for growth and conflict with other areas of international law. It focuses on the North American Free Trade Agreement and the World Trade Organization family of agreements, including the General Agreement of Tariffs and Trade. The course explores the fundamental principles embodied in international trade law, the expansion of trade agreements into new areas such as investment and intellectual property rights, and the potential conflicts between such agreements and efforts to protect labor rights and the environment. The course will analyze decisions by international trade tribunals as well as the texts of the treaties themselves. The grade will be based primarily on a final examination.

This course presents the range of legal issues arising from the emergence of cyberspace. The course considers how the law has reacted to challenges posed by the Internet as well as how the law is shaping its future. Specific areas covered include jurisdictional analysis, First Amendment/free speech, digital copyrights, trademarks and domain names, electronic privacy, e-commerce, and Internet governance.

To develop a good foundation for the LL.M. students' other course work, this course introduces the United States court system, the role of the Constitution in the United States legal system, and other foundation materials in United States law. Legal research methods are reviewed, and writing assignments introduce the students to legal writing formats used in the United States . Enrollment in this course is limited to LL.M. candidates.