International & Comparative Law Courses

Public international law covers the laws governing the relations between nation-states, while private international law deals with the legal issues that arise in a variety of cross-border business transactions. Finally, comparative law looks at the laws of countries outside the United States. BU Law offers an International Law Concentration. Please note that some courses are not offered every year.

Comparative Law Courses

3 credits

This is a survey course of the laws and policies influencing American Indians in the United States today. We will review the tortured history of the relationship between American Indians and the United States government and discuss the complex legal and policy issues surrounding civil and criminal jurisdiction and environmental, land use and economic development issues on and off the Reservation. We will focus on the powers of the respective players in each of these fields, including local and state government, the federal government and tribal governments. OFFERING PATTERN: This class is not offered every year. Students are advised to take this into account when planning their long-term schedule.

3 credits

This seminar is an introduction to comparative law's themes and methods. Accordingly, the seminar is organized in two parts. The readings selected for the first part present theoretical articulations and practical applications of the main methodological approaches relied upon by comparative lawyers. Participants will become acquainted with the "mechanics", as well as the broader implications, of the various ways of comparing: functionalism, structuralism, culturalism, postmodern neo-culturalism and critical comparative law. The materials discussed in the second part explore how these different methodologies play out in recent and heated comparative law debates. Participants will be asked to reflect over the common law-civil law dichotomy and its implications for the debate over the European Civil Code as well as for projects of harmonization, such as the World Bank's "Legal Origins" study; the circulation of legal rules and institutions and the export of constitutional models in Eastern Europe and Iraq; the ambiguous relation between US and European legal cultures and the debate over different ideas of "privacy"; the "West" and the "Orient" in family law reform. ** A student who fails to attend the initial meeting of a seminar (designated by an (S) in the title), or to obtain permission to be absent from either the instructor or the Registrar, may be administratively dropped from the seminar. Students who are on a wait list for a seminar are required to attend the first seminar meeting to be considered for enrollment.

FALL 2017: LAW JD 951 A1 , Sep 7th to Dec 7th 2017
Days Start End Credits Instructors Bldg Room
Thu 4:20 pm 6:20 pm 3 Anna di Robilant LAW 417

3 credits

The first half of the semester provides students with an intensive introduction to EU Law (post-WWII history of European legal integration through Brexit; legislative and executive institutions; courts; internal market; competition law; commercial policy; human rights and migration). Readings and in-class discussion emphasize the impact of trade and legal harmonization upon politics and wealth distribution. Meanwhile, in consultation with the instructor and Law Library staff, students develop individual research projects and produce thick outlines. The second half of the semester is devoted to students' presentations of their work in progress. A polished paper is expected of each student by the end of the exam period. Shorter response papers may also be required. A limited number of second-year law students will be allowed to satisfy the upper-class writing requirement through this seminar with the instructor's approval (first come, first served). This seminar is open to law students, graduate students in International Relations, and advanced IR majors. As it originates in the Law School, it will follow the Law School's calendar and time schedule. GRADING NOTICE: This class does not offer the CR/NC/H option.

SPRG 2018: LAW JD 880 A1 , Jan 22nd to Apr 23rd 2018
Days Start End Credits Instructors Bldg Room
Mon 2:10 pm 4:10 pm 3 Daniela Caruso LAW 417

2 credits

An important component of understanding international law is mastering all the diverse sources of this area of law. Students will learn to navigate the international system as well as the relevant primary sources of law. Student will learn research strategies and skills for locating treaties, decisions of international tribunals, documents of international organizations and other sources of state practice. Among the organizations the course will discuss the United Nations, the OAS, the EU and the WTO. In addition, students will be introduced to strategies for researching the law of foreign jurisdictions. Students will gain hands-on experience in answering legal research questions in the area of international and comparative law. Classes will combine instruction and hands-on exercises using major print, electronic, and web based resources for international law research. NOTE: This class satisfies the upper-class Professional Skills requirement and counts toward the 6 credit Experiential Learning requirement.

SPRG 2018: LAW JD 748 A1 , Jan 16th to Apr 24th 2018
Days Start End Credits Instructors Bldg Room
Tue 4:20 pm 6:20 pm 2 Carlos Andrés Pagán

Private International Law Courses

4 credits

This course covers U.S. laws governing global trade and finance. We will examine the compliance obligations of multinational enterprises pursuant to U.S. export controls, sanctions, AML and terrorist-financing laws. Key focuses of the course will be the extraterritorial scope of U.S. laws, and techniques for mitigating legal risk in transnational business operations. Students will learn how to: 1. Identify and assess legal risk in transnational trade and financial operations; 2. Build compliance programs that effectively mitigate such risk; and, 3. Manage interactions between multinational enterprises and U.S. enforcement agencies.

SPRG 2018: LAW JD 918 A1 , Jan 16th to Apr 24th 2018
Days Start End Credits Instructors Bldg Room
Tue,Thu 2:10 pm 4:10 pm 4 Babak Boghraty

2 credits

This course will cover the U.S. tax rules applicable to taxation of income from U.S. (and sometimes foreign) sources received by corporations and individuals that are non-residents of the United States. In some cases, such income will be derived from passive investments and be in the form of dividends, interest, rents, or royalties. In other cases, the income will arise from active business activities. The course will address the concept of residence and entity classification, the U.S. source of income rules, the U.S. withholding tax rules (including the obligations of withholding agents) with respect to non-business income, the types of activities that can generate a "trade or business" (tax nexus) in the U.S., the U.S. rules for determining income effectively connected with a U.S. trade or business and thus taxable in the U.S., the branch profits tax, FIRPTA (foreign investment in U.S. real property) and the U.S. rules applicable to financing U.S. operations owned by non-U.S. taxpayers Finally, we will address the impact of tax treaties on the taxation of income of non-residents. This course will be of interest to students who will represent foreign resident taxpayers with economic operations in the United States. Prerequisite or corequisite: Federal Income Taxation I; Recommended: Tax Aspects of International Business

SPRG 2018: LAW TX 953 A1 , Jan 16th to Apr 24th 2018
Days Start End Credits Instructors Bldg Room
Tue 6:30 pm 8:30 pm 2 Douglas S. Stransky
SPRG 2018: LAW TX 953 OL , Jan 16th to Apr 25th 2018
Days Start End Credits Instructors Bldg Room
ARR TBD TBD 2 Stransky

2 credits

An important component of understanding international law is mastering all the diverse sources of this area of law. Students will learn to navigate the international system as well as the relevant primary sources of law. Student will learn research strategies and skills for locating treaties, decisions of international tribunals, documents of international organizations and other sources of state practice. Among the organizations the course will discuss the United Nations, the OAS, the EU and the WTO. In addition, students will be introduced to strategies for researching the law of foreign jurisdictions. Students will gain hands-on experience in answering legal research questions in the area of international and comparative law. Classes will combine instruction and hands-on exercises using major print, electronic, and web based resources for international law research. NOTE: This class satisfies the upper-class Professional Skills requirement and counts toward the 6 credit Experiential Learning requirement.

SPRG 2018: LAW JD 748 A1 , Jan 16th to Apr 24th 2018
Days Start End Credits Instructors Bldg Room
Tue 4:20 pm 6:20 pm 2 Carlos Andrés Pagán

3 credits

This seminar will provide an overview of the private dimensions of negotiating and drafting international business agreements, and specifically on the contractual aspects. Students will gain hands on experience in structuring, drafting and analyzing various international business agreements and documents including global joint venture agreements and privatization provisions, sales, distribution and franchise agreements, international development agreements, share purchase agreements, letters of intent and technology licensing agreements. The design of the class will assist students in identifying critical legal issues and techniques likely to affect the outcome of international business negotiations including protecting against political, economic and legal risks. Emphasis will be placed on the important differences between international and domestic agreements from the American law perspective. Grades will be based on class participation and a final research paper. At the option of the student a final examination can be taken in lieu of a research paper. NOTE: This class may be used to satisfy the Professional Skills requirement or the upper-class writing requirement (limited). This class may not be used to satisfy more than one requirement. GRADING NOTICE: This course does not offer the CR/NC/H option. **A student who fails to attend the initial meeting of a seminar (designated by an (S) in the title), or to obtain permission to be absent from either the instructor or the Registrar, may be administratively dropped from the seminar. Students who are on a wait list for a seminar are required to attend the first seminar meeting to be considered for enrollment.

FALL 2017: LAW JD 959 A1 , Sep 11th to Dec 11th 2017
Days Start End Credits Instructors Bldg Room
Mon 10:40 am 12:40 pm 3 Virginia Greiman LAW 418

3 credits

Legal dimensions of resolution of cross-border economic disputes through binding arbitration. Treaty framework for determining validity of arbitration agreement and for recognition and enforcement of arbitral awards, in particular 1958 New York (UN) Convention and 1965 Washington (World Bank) Convention. Comparative approach, including reference to French, English, Swiss, and United States approaches to arbitration law, as well as the United States (UNCITRAL) Model Act. Investor-State proceedings pursuant to free trade agreements and bilateral investment treaties. Influence of major arbitration rules, including ICC, LCIA, AAA and ICSID. Exploration of special issues arising from intellectual property arbitration and expropriation claims, including Act of State and sovereign immunity. Introduction to debate on "delocalized" arbitration, the role of the arbitral seat and the enforceability of awards annulled at the place of proceedings. Arbitral awards as a contribution to lex mercatoria and the "soft law" of dispute resolution. Comparison of business arbitration with issues related to consumer, employment and class action proceedings in the United States. GRADING NOTICE: This course does not offer the CR/NC/H option. ** A student who fails to attend the initial meeting of a seminar, or to obtain permission to be absent from either the instructor or the Registrar, will be administratively dropped from the seminar. Students who wait list for a seminar are required to attend the first seminar meeting to be considered for enrollment.

FALL 2017: LAW JD 980 A1 , Sep 11th to Dec 4th 2017
Days Start End Credits Instructors Bldg Room
Mon 2:10 pm 4:10 pm 3 William W. Park LAW 418

3 credits

This course is designed to give students a broad overview of the law--domestic, foreign, and international--governing international business transactions. With the significant growth in international commerce and trade, and the forces of economic and social globalization, lawyers will increasingly confront international legal issues during their professional careers. This course will focus on the legal problems encountered in business ventures that cross national borders. Topics include formation of contracts, choice of law, financing the international sale of goods through letters of credit, regulation of international trade, the organizations and operations of the institutions of the World Trade Organization, foreign investment, international dispute settlement, and international transfer of intellectual property. GRADING NOTICE: This course does not offer the CR/NC/H option.

SPRG 2018: LAW JD 842 A1 , Jan 16th to Apr 24th 2018
Days Start End Credits Instructors Bldg Room
Tue,Thu 2:10 pm 3:35 pm 3 Rebecca Ingber

3 credits

Capital-intensive public and private development projects throughout the world, including large-scale infrastructure, transportation, energy, agriculture, technology and environmental projects depend upon project financing as the primary funding mechanism. Understanding and resolving the political, legal and financial risks associated with the planning and implementation of these projects, and often in emerging and unstable economies, is the critical first step in developing project finance opportunities. The seminar will combine theory and practice and focus on the negotiation and structure of actual project finance and concession agreements and transactions and the minimization of exposures and risks associated with these transactions. Each step of the project finance process will be analyzed, including the rationale and sources for the project finance, the legal framework for the project finance, the organizational and governance structure, risk allocation and mitigation and dispute resolution. An interdisciplinary analysis from the legal, finance and public perspective will be used to assess the views that investors, lenders, designers, contractors, governmental participants, citizens and other stakeholders bring to an infrastructure project. Several of the world's largest and most complex civil engineering and infrastructure mega projects including the English Chunnel, the Chad Cameroon Pipeline, the Dabhol Power Project and Boston's Central Artery Tunnel Project will serve as models for analysis of project finance and risk. A final research paper will be required in lieu of an examination. NOTE: This class may be used to satisfy the Professional Skills requirement or the upper-class writing requirement (limited). This class may not be used to satisfy more than one requirement. GRADING NOTICE: This course does not offer the CR/NC/H option. **A student who fails to attend the initial meeting of a seminar (designated by an (S) in the title), or to obtain permission to be absent from either the instructor or the Registrar, may be administratively dropped from the seminar. Students who are on a wait list for a seminar are required to attend the first seminar meeting to be considered for enrollment.

SPRG 2018: LAW JD 936 A1 , Jan 22nd to Apr 23rd 2018
Days Start End Credits Instructors Bldg Room
Mon 10:40 am 12:40 pm 3 Virginia Greiman

3 credits

International law is increasingly important to domestic lawyers every day. This is as true in intellectual property as in any field. Regulation of intellectual property is a cornerstone in the globalization of modern trade and commerce. In order to harmonize intellectual property laws, more and more countries sign up to multilateral agreements regulating these laws. However, jurisdictional differences still exist and affect this process. This course examines international agreements and comparative laws on intellectual property and ways in which the intellectual property laws of the United States relate to those of other nations. Topics will include securing and enforcing rights in trademarks, copyrights and patents under international regimes and in various jurisdictions, and the interplay between intellectual property, international trade and culture, and Internet-related issues. The course is designed to afford students who intend to practice in IP an acquaintance with key international IP principles and policy issues. The course will impart understanding in these areas using materials such as treaties, cases and commentary. The course will treat international and European intellectual property separately, and will focus on the major international systems related to each substantive IP area. The course is open to all students but it is helpful if students have completed or are enrolled in an IP survey course, or to LLMs with some intellectual property experience. LIMITED WRITING REQUIREMENT OPTION: A final exam will be offered in the course, but as an alternative, a limited number of students may be permitted to satisfy the upper-class writing requirement with the approval of the Associate Dean for Academic Affairs. ENROLLMENT LIMIT: 16 students.

3 credits

The first half of this seminar surveys the origins and development of the WTO, with emphasis on the WTO legal process and its interaction with U.S. trade agencies. It explores the philosophical underpinnings of free trade and its impact on developed, developing, and least developed countries. Each session compares U.S. and EU approaches to trade regulation. Meanwhile, in consultation with the instructor and Law Library staff, students develop individual research projects and produce thick outlines. The second half of the semester is devoted to students' presentations of their work in progress. A polished paper is expected of each student by the end of the exam period. Shorter response papers may also be required. A limited number of second-year law students will be allowed to satisfy the upper-class writing requirement through this seminar with the instructor's approval (first come, first served). GRADING NOTICE: This class does not offer the CR/NC/H option.

SPRG 2018: LAW JD 858 A1 , Jan 17th to Apr 25th 2018
Days Start End Credits Instructors Bldg Room
Wed 10:40 am 12:40 pm 3 Daniela Caruso

2 credits

Tax aspects of international business transactions, both "inbound" and "outbound", with particular attention to fiscal jurisdiction, the foreign tax credit, allocation of income among affiliated companies, treaties, anti-abuse measures aimed at tax haven operations, information reporting and foreign investment in U.S. securities and real estate. Prerequisite or corequisite: Federal Income Taxation I.

FALL 2017: LAW TX 906 A1 , Sep 11th to Dec 4th 2017
Days Start End Credits Instructors Bldg Room
Mon 4:20 pm 6:20 pm 2 William W. Park LAW 605
FALL 2017: LAW TX 906 OL , Sep 5th to Dec 11th 2017
Days Start End Credits Instructors Bldg Room
ARR TBD TBD 2 Park

Public International Law Courses

2 credits

An important component of understanding international law is mastering all the diverse sources of this area of law. Students will learn to navigate the international system as well as the relevant primary sources of law. Student will learn research strategies and skills for locating treaties, decisions of international tribunals, documents of international organizations and other sources of state practice. Among the organizations the course will discuss the United Nations, the OAS, the EU and the WTO. In addition, students will be introduced to strategies for researching the law of foreign jurisdictions. Students will gain hands-on experience in answering legal research questions in the area of international and comparative law. Classes will combine instruction and hands-on exercises using major print, electronic, and web based resources for international law research. NOTE: This class satisfies the upper-class Professional Skills requirement and counts toward the 6 credit Experiential Learning requirement.

SPRG 2018: LAW JD 748 A1 , Jan 16th to Apr 24th 2018
Days Start End Credits Instructors Bldg Room
Tue 4:20 pm 6:20 pm 2 Carlos Andrés Pagán

3 credits

This seminar will provide an overview of the private dimensions of negotiating and drafting international business agreements, and specifically on the contractual aspects. Students will gain hands on experience in structuring, drafting and analyzing various international business agreements and documents including global joint venture agreements and privatization provisions, sales, distribution and franchise agreements, international development agreements, share purchase agreements, letters of intent and technology licensing agreements. The design of the class will assist students in identifying critical legal issues and techniques likely to affect the outcome of international business negotiations including protecting against political, economic and legal risks. Emphasis will be placed on the important differences between international and domestic agreements from the American law perspective. Grades will be based on class participation and a final research paper. At the option of the student a final examination can be taken in lieu of a research paper. NOTE: This class may be used to satisfy the Professional Skills requirement or the upper-class writing requirement (limited). This class may not be used to satisfy more than one requirement. GRADING NOTICE: This course does not offer the CR/NC/H option. **A student who fails to attend the initial meeting of a seminar (designated by an (S) in the title), or to obtain permission to be absent from either the instructor or the Registrar, may be administratively dropped from the seminar. Students who are on a wait list for a seminar are required to attend the first seminar meeting to be considered for enrollment.

FALL 2017: LAW JD 959 A1 , Sep 11th to Dec 11th 2017
Days Start End Credits Instructors Bldg Room
Mon 10:40 am 12:40 pm 3 Virginia Greiman LAW 418

2 credits

The course will cover international estate planning from two perspectives: (1) U.S. citizens residing outside of the U.S. or owning assets located outside of the U.S.; and (2) foreign citizens residing in the U.S. or transferring assets in or to the U.S. U.S. gift and estate tax laws applicable to both situations will be studied in depth in a practice-oriented manner. Planning techniques and vehicles utilized in international estate planning will be explored, in particular trusts and the special U.S. income tax rules applicable to foreign trusts with U.S. beneficiaries and off-shore U.S.-grantor trusts. The impact of non-U.S. transfer taxes and tax treaties will be considered, as well as non-tax foreign laws impacting on international estate planning. The course will also cover the U.S. tax and estate planning issues applicable to "mixed marriages" where one spouse is a U.S. citizen and the other is a non-U.S. citizen, and multi-jurisdiction situations of gifts or bequests from non-U.S. donors or decedents to U.S. beneficiaries. Finally, the course will also consider cultural and ethical issues peculiar to the area of international estate planning. Prerequisite or corequisite: Estate and Gift Tax, Estate Planning

SPRG 2018: LAW TX 958 A1 , Jan 17th to Apr 25th 2018
Days Start End Credits Instructors Bldg Room
Wed 6:30 pm 8:30 pm 2 Harry S. Miller
SPRG 2018: LAW TX 958 OL , Jan 15th to Jan 26th 2018
Days Start End Credits Instructors Bldg Room
ARR TBD TBD 2 Harry S. Miller

3 credits

International law is increasingly important to domestic lawyers every day. This is as true in intellectual property as in any field. Regulation of intellectual property is a cornerstone in the globalization of modern trade and commerce. In order to harmonize intellectual property laws, more and more countries sign up to multilateral agreements regulating these laws. However, jurisdictional differences still exist and affect this process. This course examines international agreements and comparative laws on intellectual property and ways in which the intellectual property laws of the United States relate to those of other nations. Topics will include securing and enforcing rights in trademarks, copyrights and patents under international regimes and in various jurisdictions, and the interplay between intellectual property, international trade and culture, and Internet-related issues. The course is designed to afford students who intend to practice in IP an acquaintance with key international IP principles and policy issues. The course will impart understanding in these areas using materials such as treaties, cases and commentary. The course will treat international and European intellectual property separately, and will focus on the major international systems related to each substantive IP area. The course is open to all students but it is helpful if students have completed or are enrolled in an IP survey course, or to LLMs with some intellectual property experience. LIMITED WRITING REQUIREMENT OPTION: A final exam will be offered in the course, but as an alternative, a limited number of students may be permitted to satisfy the upper-class writing requirement with the approval of the Associate Dean for Academic Affairs. ENROLLMENT LIMIT: 16 students.

4 credits

This course will offer a basic survey of contemporary international law. It will teach students the minimum that every lawyer should know about the major issues of public international law and policy that influence current events and modern legal practice. It will also provide a foundation for those interested in further study of particular topics covered. We will consider both the historical "law of nations" and post-World War II developments, which have shifted the fulcrum of the system from an exclusive focus on the rights and duties of states inter se to a broader focus on all the diverse participants in the contemporary international legal process: not only states but intergovernmental and nongovernmental organizations, insurgents, multinational business enterprises, terrorist and criminal associations, and individuals. Specific topics will include: (i) the history, nature, sources and efficacy of international law; (ii) the establishment, transformation and termination of states and other actors, including international institutions and, in particular, the United Nations; (iii) the domestic incorporation of international law, with a focus on key concepts of U.S. foreign relations law; (iv) the allocation among states of jurisdiction to prescribe and apply law, as well as jurisdictional immunities; (v) human rights, the laws of war, and international criminal law; (vi) the allocation of control over and regulation of the resources of the planet, including the law of the sea, territory, the environment, and the global economy; and (vii) the use of force. The role of power in the international legal system will be candidly acknowledged--and the problems and opportunities it presents explored. Current international events will be woven into the curriculum as appropriate. Examination. GRADING NOTICE: This course does not offer the CR/NC/H option.

FALL 2017: LAW JD 927 A1 , Sep 5th to Dec 7th 2017
Days Start End Credits Instructors Bldg Room
Tue,Thu 2:10 pm 4:10 pm 4 Rebecca Ingber LAW 101

3 credits

The first half of this seminar surveys the origins and development of the WTO, with emphasis on the WTO legal process and its interaction with U.S. trade agencies. It explores the philosophical underpinnings of free trade and its impact on developed, developing, and least developed countries. Each session compares U.S. and EU approaches to trade regulation. Meanwhile, in consultation with the instructor and Law Library staff, students develop individual research projects and produce thick outlines. The second half of the semester is devoted to students' presentations of their work in progress. A polished paper is expected of each student by the end of the exam period. Shorter response papers may also be required. A limited number of second-year law students will be allowed to satisfy the upper-class writing requirement through this seminar with the instructor's approval (first come, first served). GRADING NOTICE: This class does not offer the CR/NC/H option.

SPRG 2018: LAW JD 858 A1 , Jan 17th to Apr 25th 2018
Days Start End Credits Instructors Bldg Room
Wed 10:40 am 12:40 pm 3 Daniela Caruso

3 credits

Does law continue to operate in times of war? This seminar will examine the knotty legal questions underlying current wartime debates, with a primary focus on modern conflicts facing the United States in the post-9/11 era. A complex architecture of international and domestic law governs states and state actors during wartime. Evolving threats, new technologies, and domestic politics have tested these legal frameworks, and the domestic and international laws of war continue to adapt to challenges to their relevance and viability. Topics for discussion may include, among others: Guantanamo detention, targeted killing and drones, interrogation and torture, humanitarian intervention in conflicts like those in Libya and Syria, and the scope of the U.S. President's constitutional and statutory authority to wage war. NOTE: This seminar does not satisfy the Upper-class Writing Requirement. RECOMMENDED COURSES: International Law. GRADING NOTICE: This seminar does not offer the CR/NC/H option. **A student who fails to attend the initial meeting of a seminar (designated by an (S) in the title), or to obtain permission to be absent from either the instructor or the Registrar, may be administratively dropped from the seminar. Students who are on a wait list for a seminar are required to attend the first seminar meeting to be considered for enrollment.

FALL 2017: LAW JD 797 A1 , Sep 6th to Dec 6th 2017
Days Start End Credits Instructors Bldg Room
Wed 4:20 pm 6:20 pm 3 Rebecca Ingber LAW 417

3 credits

This course will introduce the framework of constitutional, statutory, and international law that both authorizes and constrains the conduct of U.S. national security policy. After studying the constitutional allocation of foreign affairs powers among the branches of government and the foundations of the national security apparatus in the United States, the course will turn to selected topics of contemporary relevance, including but not limited to counter-terrorism policy. Specific topics will include the role of international law in the U.S. legal system; intelligence methods, data gathering, and surveillance; covert action; domestic and international law governing recourse to force and the conduct of hostilities; the detention, interrogation, and trial, before courts and military commissions, of unprivileged belligerents and other terrorism suspects; debates over extraordinary rendition and torture; and the protection of individual liberties and civil rights in wartime. GRADING NOTICE: This class does not offer the CR/NC/H option.

FALL 2017: LAW JD 890 A1 , Sep 5th to Dec 7th 2017
Days Start End Credits Instructors Bldg Room
Tue,Thu 4:20 pm 5:45 pm 3 Robert D. Sloane LAW 413

Related Courses

3 credits

This seminar will examine how the constitution is implicated in U.S. foreign affairs. We shall begin by reviewing the main theories of foreign affairs: idealism, realism, multilateralism, bilateralism and more. Then and throughout the seminar we shall attempt to understand how these theories are manifested in American constitutional law. We shall ask how the structure and substance of the constitution of the United States affect the national decision making process concerning foreign policy. We shall address matters of international business, war and peace, federalism, human rights, freedom of expression and more. The respective powers of the executive and legislative branches, the power of the senate vs. the president and the Senate vs. the House of Representatives will be examined. We shall emphasize judicial opinions, but also look at other materials. ** A student who fails to attend the initial meeting of a seminar (designated by an (S) in the title), or to obtain permission to be absent from either the instructor or the Registrar, may be administratively dropped from the seminar. Students who are on a wait list for a seminar are required to attend the first seminar meeting to be considered for enrollment.**

3 credits

This course will consider legal and policy challenges arising from rapidly evolving threats in cyberspace. It will define an array of cyber threats, and consider the ways in which they impact a range of governmental and non-governmental actors and entities. It will identify the domestic and international legal frameworks that regulate conduct in cyberspace--including laws related to cybercrime, cyberespionage, and cyberwar--and examine substantive and institutional questions such as: What existing principles limit cyber threats? What are the norms emerging through state practice? How should we fill in the gaps? Who should make these decisions? How should they be enforced? The course will explore these questions within the context of broader policy debates about Internet governance and the role of governmental and non-governmental actors in defending against cyber threats; state restrictions on civil rights and liberties in defending against cyber threats; allocation of decision-making among (and within) the branches for U.S. cybersecurity; and issues of secrecy and accountability. The objective of this course is to deepen our understanding of the existing threats and protections in cyberspace, the regulatory challenges that exist, and the institutions that should address them. No technical knowledge is required. Familiarity with public international law, administrative law and criminal procedure is helpful, but not necessary. International law concepts will be introduced as necessary. GRADING NOTICE: This class will not offer the CR/NC/H option.

FALL 2017: LAW JD 792 A1 , Sep 5th to Dec 7th 2017
Days Start End Credits Instructors Bldg Room
Tue,Thu 11:00 am 12:25 pm 3 Ahmed Ghappour LAW 101

3 credits

This seminar explores how modern technology disrupts many of the customs and principles upon which our laws and institutions for national security have evolved. The advancement of modern technology is changing the nature of how we perceive and defend against security threats across all domains. Attacks can be launched in ways that national borders and other conventional defenses cannot easily stop, and the proliferation of privacy enhancing cryptographic tools provides virtual refuge for threat actors to congregate, coordinate and conspire. At the same time, the state has mobilized the use of new technologies--expanding, and indeed, redefining, surveillance capabilities--to predict, prevent and defend against threats in the modern era. This course will focus on a series of historical and contemporary challenges posed by a range of technologies to the government's administration of security and justice, and the solutions implemented or proposed by the state in response. The objective is to contextualize and deepen our understanding of the substantive and institutional questions that arise from the modern day "going dark" problem, in order to facilitate sound policy and good politics in areas that are devoid of law. Topics for discussion may include, but are not limited to: the use of cryptographic tools to evade government surveillance; government proposals for "backdoor" access to people's devices and data; the use of government hacking as a surveillance tool; and the use of machine learning to predict and prevent threat incidents. No technical knowledge is required. NOTES: This class does not satisfy the upper-class writing requirement. GRADING NOTICE: This class does not offer the CR/NC/H option. **A student who fails to attend the initial meeting of a seminar (designated by an (S) in the title), or to obtain permission to be absent from either the instructor or the Registrar, may be administratively dropped from the seminar. Students who are on a wait list for a seminar are required to attend the first seminar meeting to be considered for enrollment.

SPRG 2018: LAW JD 849 A1 , Jan 16th to Apr 24th 2018
Days Start End Credits Instructors Bldg Room
Tue 10:40 am 12:40 pm 3 Ahmed Ghappour

3 credits

The course explores the needs of key stakeholders in a justice system (victims, offenders, communities, government officials), outlines the basic principles and values of restorative justice with comparisons to the principles and values of retributive justice, and introduces some of the primary models of practice. It also identifies challenges to restorative justice. These discussions will takes place in the context of secular and religious understandings of justice. The course is organized around the issue of crime and harm within a western legal context. However, attention is given to applications and lessons from other contexts. Of particular interest is the contribution of traditional or indigenous approaches to justice as well as applications in post-conflict situations, such as South Africa. The class will include presentations by the instructor, class discussion of the assigned reading, conversations with victims, offenders and community members, and role plays of different practices. The class meets at the School of Theology and will include students from both the Law School and the School of Theology. Students will be graded on the basis of their written work and classroom performance. There will be no final exam.

SPRG 2018: LAW JD 827 A1 , Jan 22nd to Apr 30th 2018
Days Start End Credits Instructors Bldg Room
Mon 6:30 pm 9:15 pm 3 PorterStaff STH 113
Mon 6:30 pm 9:15 pm 3 PorterStaff STH 115