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). 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.

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 counts toward the 6 credit Experiential Learning requirement. ATTENDANCE REQUIREMENT: A student who fails to attend the first class or to obtain permission to be absent from either the instructor or the Registrar, will be administratively dropped from the class. Students who are on the wait list are required to attend the first meeting to be considered for enrollment.

1 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. Students 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 counts toward the 6 credit Experiential Learning requirement. ATTENDANCE REQUIREMENT: A student who fails to attend the first class or to obtain permission to be absent from either the instructor or the Registrar, will be administratively dropped from the class. Students who are on the wait list are required to attend the first meeting to be considered for enrollment. Meeting dates: (10/9/2020-11/20/2020)

3 credits

This course introduces students to the sources, jurisprudential methodology, doctrines, actors and institutions, and operation of Islamic law from classical to modern times. Readings include primary sources--foundational texts, fatwas (legal opinions), case reports, and constitutional and statutory provisions--along with secondary sources that discuss the history and evolution of Islamic law, theories of Islamic legal interpretation, competing views of the meaning and application of Islamic law, and variations in the role Islamic law plays in the legal systems of today's Muslim-majority countries. Specific topics to be covered include: the roots of the law and the derivation of legal rules from those roots; the respective roles of scholars, judges, executive officials and other actors in determining and enforcing rules of Islamic law; judicial procedure and rules of evidence; reform and the reception of Western law in the 19th and 20th centuries; democracy, constitutionalism, and contemporary theories and forms of "Islamic" states; and Islamic law in the U.S. and other "non-Muslim" lands. Cases in criminal law, family law, Islamic finance, and other fields will provide opportunities for in-depth discussions of substantive Islamic law, and regular reference to both the common-law tradition and the modern American legal system will offer comparative perspectives. No background in Islamic studies is required. Grades will be based on a seminar paper and class participation. LIMITED WRITING REQUIREMENT OPTION: 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. ** 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.

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. NOTE: Students who previously enrolled in Comparative Law may not register for this class. ** 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.

4 credits

This course provides a deep dive into compliance with international and U.S. laws and regulations governing global commerce and risk management. The need for compliance professionals across the globe has never been greater. We will study export and import controls, Anti-Money Laundering and sanctions regimes, and examine the requirements for a best-in-class compliance program. The course will highlight compliance obligations of global corporations and financial institutions, starting with senior management commitment. The laws and regulations in scope will include the US Export Administration Regulations, EU ICP Guidance, Bank Secrecy Act, the USA PATRIOT Act, OFAC sanctions regulations, and the European Union Fourth Anti- Money Laundering Directive, among others. The course will provide techniques for mitigating legal, compliance and regulatory risk in global commerce, and will also highlight practical applications in the real world. Students will learn how to assess and mitigate specific compliance risks. Each student will be required to do significant reading and participate in classroom discussions, as well as develop and present portions of a sound compliance program. All students will learn to communicate compliance requirements to clients clearly and succinctly and establish relationships with U.S. agencies and enforcement authorities. Experts from across the globe will provide additional color and commentary. Students will learn how to a) assess and mitigate specific compliance risks, b) communicate compliance requirements to clients clearly and succinctly, and c) establish positive relationships with U.S. agencies and enforcement authorities.

3 credits

This course examines human rights due diligence in global supply chains. It begins with an overview of the organization of production in supply chains and an analysis of the different types of human rights abuses that may arise, specifically focusing on the ways that transnational business may contribute to these abuses. The course then explores different strategies that transnational businesses could adopt to prevent and address these abuses through a compliance framework that includes developing human rights policies, performing human rights assessment, integrating policy recommendations and assessment findings across company processes, tracking the effectiveness of company processes, and communicating with stakeholders about human rights impacts and adequacy of company processes for addressing these impacts. The course will compare various domestic and international governance strategies designed to promote human rights due diligence, such as the California Transparency in Supply Chains Act, United Nations Guiding Principles on Business & Human Rights, OECD Due Diligence Guidance for Responsible Business Conduct, and draft text of a treaty on business and human rights. It will also explore shareholder activism addressing human rights due diligence in global supply chains. 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.

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

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 counts toward the 6 credit Experiential Learning requirement. ATTENDANCE REQUIREMENT: A student who fails to attend the first class or to obtain permission to be absent from either the instructor or the Registrar, will be administratively dropped from the class. Students who are on the wait list are required to attend the first meeting to be considered for enrollment.

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. LIMITED WRITING REQUIREMENT OPTION: A limited number of students may be permitted to satisfy the upper-class writing requirement. **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

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. ** 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.

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 may include formation of contracts, choice of law, financing the international sale of goods through letters of credit, sales and distribution agreements, licensing and contract manufacturing, joint venture agreements, foreign investment, international dispute settlement, and global compliance issues. This course explores one or more of these topics with contract drafting and negotiation exercises. NOTE: While prior background in international law is not required, it is strongly recommended.

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. LIMITED WRITING REQUIREMENT OPTION: A limited number of students may be permitted to satisfy the upper-class writing requirement. **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.

1 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. Students 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 counts toward the 6 credit Experiential Learning requirement. ATTENDANCE REQUIREMENT: A student who fails to attend the first class or to obtain permission to be absent from either the instructor or the Registrar, will be administratively dropped from the class. Students who are on the wait list are required to attend the first meeting to be considered for enrollment. Meeting dates: (10/9/2020-11/20/2020)

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 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, may be administratively dropped from the seminar. Students who are on a wait list are required to attend the first meeting to be considered for enrollment.

3 credits

This course introduces students to the sources, jurisprudential methodology, doctrines, actors and institutions, and operation of Islamic law from classical to modern times. Readings include primary sources--foundational texts, fatwas (legal opinions), case reports, and constitutional and statutory provisions--along with secondary sources that discuss the history and evolution of Islamic law, theories of Islamic legal interpretation, competing views of the meaning and application of Islamic law, and variations in the role Islamic law plays in the legal systems of today's Muslim-majority countries. Specific topics to be covered include: the roots of the law and the derivation of legal rules from those roots; the respective roles of scholars, judges, executive officials and other actors in determining and enforcing rules of Islamic law; judicial procedure and rules of evidence; reform and the reception of Western law in the 19th and 20th centuries; democracy, constitutionalism, and contemporary theories and forms of "Islamic" states; and Islamic law in the U.S. and other "non-Muslim" lands. Cases in criminal law, family law, Islamic finance, and other fields will provide opportunities for in-depth discussions of substantive Islamic law, and regular reference to both the common-law tradition and the modern American legal system will offer comparative perspectives. No background in Islamic studies is required. Grades will be based on a seminar paper and class participation. LIMITED WRITING REQUIREMENT OPTION: 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. ** 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.

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.

3 credits

This seminar will examine how globalization is reshaping U.S. constitutional law. Broad powers relating to U.S. foreign relations were historically allocated to the President. A functional imperative of traditional diplomacy and interstate conflict, this constitutional centralization justified anomalous doctrines of foreign relations relating to separation of powers, federalism, and individual rights. Globalization has enabled actors other than the President -- including Congress, the judiciary, the federal bureaucracy, state and local governments, corporations, and individuals -- to assume enlarged roles on the world stage. Globalization has also magnified the salience of international law and international institutions to U.S. constitutional law. This course will chart and interrogate this shift in various contexts -- including climate change, human rights, trade, and immigration -- in which constitutional law and norms are adapting to changed global realities. 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.

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 counts toward the 6 credit Experiential Learning requirement. ATTENDANCE REQUIREMENT: A student who fails to attend the first class or to obtain permission to be absent from either the instructor or the Registrar, will be administratively dropped from the class. Students who are on the wait list are required to attend the first meeting to be considered for enrollment.

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. LIMITED WRITING REQUIREMENT OPTION: A limited number of students may be permitted to satisfy the upper-class writing requirement. **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 seminar will focus chiefly on the crimes for which individuals incur criminal liability directly under contemporary international law. We will cover, in particular, (i) what crimes qualify as international in this sense, general principles of international criminal jurisdiction and immunities, and the historical evolution of the field from its genesis after World War I to Nuremberg to the permanent International Criminal Court established in 2002; (ii) treaty provisions, statutes, and tribunal jurisprudence defining the nature and scope of liability for core international crimes, viz., genocide, crimes against humanity, and war crimes; (iii) modern debates over other, and at times more controversial, international crimes, such as torture and CIDT, as well as the crime of aggression; (iv) the minimal requirements and forms of individual criminal responsibility under international law; and (v) selected special topics, including the principle of legality, head of state immunity, and crimes of sexual violence. LIMITED WRITING REQUIREMENT OPTION: A limited number of students will be permitted to satisfy the upper-class writing requirement with this seminar after consultation with the instructor. ** 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, 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.

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

3 credits

THIS CLASS IS RESTRICTED to students who have formally applied to and been accepted to the International Human Rights Clinic. This course is the companion fall classroom component for students enrolled in the Clinic and provides an introduction to essential lawyering skills, with a focus on those relevant to the practice of human rights law. The goal of the course is to help students develop a wide range of competencies, including written and oral communication and advocacy, legal research, factual investigation, witness interviewing, professional responsibility, and strategic thinking and problem-solving. NOTE: This course counts towards the 6 credit Experiential Learning requirement. GRADING NOTICE: This course does not offer the CR/NC/H option.

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.

1 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. Students 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 counts toward the 6 credit Experiential Learning requirement. ATTENDANCE REQUIREMENT: A student who fails to attend the first class or to obtain permission to be absent from either the instructor or the Registrar, will be administratively dropped from the class. Students who are on the wait list are required to attend the first meeting to be considered for enrollment. Meeting dates: (10/9/2020-11/20/2020)

3 credits

At the international level, there has been notable progress in the last four decades in the recognition of women's rights as human rights. Despite the recognition of equality and non-discrimination rights in core human rights documents over the last 70 years, the lived reality for the majority of women, is very different. The equal realisation of all rights, without distinction, is largely a myth for women around the world. The inclusion of a larger focus on women's human rights in teaching and learning about international law and institutions is imperative. The need for concrete knowledge on the issue and also on the social realities globally, through the proposed course, will encourage critical thinking and challenge the existing ideologies on gender and race hierarchies, on power and privilege, and also on social justice broadly. The course aims to examine the development, content and implementation of international and regional human rights laws that seek to promote and protect women's human rights -- with a particular focus on the Inter-American and African human rights systems. Additionally, the course provides a forum for students to critically analyse the theory and practice of women's human rights from the global, regional and national perspectives. LIMITED WRITING REQUIREMENT OPTION: A limited number of students may be permitted to satisfy the upper-class writing 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, 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 are required to attend the first meeting to be considered for enrollment.

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 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, may be administratively dropped from the seminar. Students who are on a wait list are required to attend the first meeting to be considered for enrollment.

3 credits

This course introduces students to the sources, jurisprudential methodology, doctrines, actors and institutions, and operation of Islamic law from classical to modern times. Readings include primary sources--foundational texts, fatwas (legal opinions), case reports, and constitutional and statutory provisions--along with secondary sources that discuss the history and evolution of Islamic law, theories of Islamic legal interpretation, competing views of the meaning and application of Islamic law, and variations in the role Islamic law plays in the legal systems of today's Muslim-majority countries. Specific topics to be covered include: the roots of the law and the derivation of legal rules from those roots; the respective roles of scholars, judges, executive officials and other actors in determining and enforcing rules of Islamic law; judicial procedure and rules of evidence; reform and the reception of Western law in the 19th and 20th centuries; democracy, constitutionalism, and contemporary theories and forms of "Islamic" states; and Islamic law in the U.S. and other "non-Muslim" lands. Cases in criminal law, family law, Islamic finance, and other fields will provide opportunities for in-depth discussions of substantive Islamic law, and regular reference to both the common-law tradition and the modern American legal system will offer comparative perspectives. No background in Islamic studies is required. Grades will be based on a seminar paper and class participation. LIMITED WRITING REQUIREMENT OPTION: 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. ** 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.

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 class does not satisfy the upper-class writing requirement. RECOMMENDED COURSE: International Law. 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.

3 credits

This course will introduce the framework of constitutional, statutory, and international law that authorizes and constrains the conduct of U.S. foreign affairs and national security policy. We will study the allocation of foreign affairs and national security authority among the branches of government, as well as selected topics of contemporary relevance. These will vary with contemporary events but will draw from the following: international and domestic law governing recourse to force and the conduct of hostilities; the detention, interrogation, and prosecution of alleged unprivileged belligerents and other suspects in national security matters before courts and military commissions; torture and extraordinary rendition; covert action; the protection of civil liberties in wartime; surveillance; and contemporary issues at the intersection of international economic law, trade, and national security. GRADING NOTICE: This class does not offer the CR/NC/H option.

3 credits

The seminar will explore American and Israeli constitutional and political design through a comparative lens. It will use constitutional design and fundamental constitutional principles obtaining in the U.S.A. as a platform against which Israel's constitutional system will be compared and examined. Students will get an understanding of different approaches to the implementation of political power in democratic regimes and be encouraged to assess the costs and benefits of each system. Issues to be covered include constitutional design, national identity, separation of powers, judicial review and the rule of law, political and civil rights, immigration and citizenship, national security, establishment of religion and the right to free exercise of religion. The American constitution, Israeli basic laws, American and Israeli statutory law as well as court cases will be read and compared. Secondary materials drawn from the literature of law and political science will also be assigned. Knowledge of Hebrew is not necessary. ** 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

Question of jurisdiction, judgments and choice of law in events and transactions touching more than one nation or state. Contexts both (i) international and (ii) state-to-state within the United States, related to matters including contracts, commercial transactions, torts, and family law. Which courts will be competent to decide a dispute touching more than one state or nation? Which law will govern a dispute? Will some laws be deemed "mandatory" (lois de police) and thus not subject to choice-of-law clauses by the parties to a transaction? When a judgment rendered in one state or nation be recognized and enforced in other jurisdictions? What rule of res judicata and issue preclusion will apply in cross-border contexts? A comparative component, looking at non-United States traditions as well American approaches.

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.

3 credits

This seminar will examine how globalization is reshaping U.S. constitutional law. Broad powers relating to U.S. foreign relations were historically allocated to the President. A functional imperative of traditional diplomacy and interstate conflict, this constitutional centralization justified anomalous doctrines of foreign relations relating to separation of powers, federalism, and individual rights. Globalization has enabled actors other than the President -- including Congress, the judiciary, the federal bureaucracy, state and local governments, corporations, and individuals -- to assume enlarged roles on the world stage. Globalization has also magnified the salience of international law and international institutions to U.S. constitutional law. This course will chart and interrogate this shift in various contexts -- including climate change, human rights, trade, and immigration -- in which constitutional law and norms are adapting to changed global realities. 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.

3 credits

This seminar will focus chiefly on the crimes for which individuals incur criminal liability directly under contemporary international law. We will cover, in particular, (i) what crimes qualify as international in this sense, general principles of international criminal jurisdiction and immunities, and the historical evolution of the field from its genesis after World War I to Nuremberg to the permanent International Criminal Court established in 2002; (ii) treaty provisions, statutes, and tribunal jurisprudence defining the nature and scope of liability for core international crimes, viz., genocide, crimes against humanity, and war crimes; (iii) modern debates over other, and at times more controversial, international crimes, such as torture and CIDT, as well as the crime of aggression; (iv) the minimal requirements and forms of individual criminal responsibility under international law; and (v) selected special topics, including the principle of legality, head of state immunity, and crimes of sexual violence. LIMITED WRITING REQUIREMENT OPTION: A limited number of students will be permitted to satisfy the upper-class writing requirement with this seminar after consultation with the instructor. ** 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, 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 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 class 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.

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.