International & Comparative Law

3 credits

This course will cover the history of the common law in England from the late twelfth century to the time of the American Revolution. We will study the development of the legal profession, its doctrines, and its techniques in five areas: procedure, criminal law, property, contract, and tort. The readings emphasize primary sources, and students will give presentations in teams on historical documents handed out in class. Students can either write a research paper or complete a take-home examination. Research papers may, but need not fulfill the Writing Requirement. OFFERING PATTERN: This class not offered every year. Students are advised to take this into account when planning their long-term schedule.

3 credits

This seminar's content will include: Historical and economic foundations of the Treaty of Rome (EEC 1957); institutional and constitutional structure of the EU; internal market and the four freedoms of movement (goods, services, people and capital); human rights protection in the EU legal system; the EU crises of the 21st century: sovereign debt, immigration, Brexit, the rise of illiberal constitutionalism, and the Covid-19 Solidarity Response. Assessment: 1) Students will be asked to discuss assigned readings (or, occasionally, videos) in each meeting. They will periodically be asked to upload short answers on our Blackboard site. 2) Students will select an EU Law topic, after consultation with the instructor and with the law librarian. After spring break, on a schedule to be determined, they will provide a succinct presentation of their topic to the class. By the last day of spring exams, students will submit their complete research papers (approx. 6000 words, not counting footnotes). The seminar paper requirement can also be satisfied by two papers (approx. 3000 words each, not counting footnotes). Note: it is possible to satisfy the upper-class writing requirement through this seminar by completing a paper that meets the current cert standards. 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 seminar provides students with a broad introduction to cases, institutions and dilemmas in the field of human rights in the European context. This course is designed for students who have already had some exposure to human rights law, whether in the context of a law degree or in some other context. The course aims to deepen students' engagement with this field of law and to enrich their capacity for critical analysis and theoretical enquiry. The seminar begins with an introduction to key concepts in human rights, including universalism, cultural relativism and the historical development of human rights in modern Europe. It examines human rights law-making in European (regional) institutional frameworks of the European Union and the Council of Europe, before moving on to examine several national contexts. The remaining sessions of the seminar examine human rights issues by way of illustrative groups of cases and supported by secondary literature that examines the social, economic and political contexts in which these cases are set. The issues covered in these cases in context include, e.g., asylum, race, sexuality, protections against torture and inhumane treatment, the right to life, the right to manifest religious belief, the right to education, and the right to family life. While human rights advocacy generally adopts a universalist, pro-rights posture, this course seeks to complicate the idea of the benevolence of rights by critically engaging with human rights law in context. **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 provides a detailed examination of immigration enforcement, asylum and relevant law and policy at the U.S.-Mexico border, as well as the disproportionate impact of these laws and policies on noncitizens and communities of color. Recent years have shown increased attention to migration and enforcement at the southern border, as well as increased violence directed at persons seeking to cross the border. But enforcement and violence at the border are not new, and must be understood in the context of both U.S. and international law and policy. This seminar will engage critically with the history, politics and law of southern border enforcement and U.S. immigration and asylum policy, and ask students to contend with what an alternate border policy might look like, as well as with the limits of the law in protecting migrants and asylum seekers. LIMITED WRITING REQUIREMENT OPTION: A limited number of students may be permitted to satisfy the upper-class writing requirement with permission of the instructor. OFFERING PATTERN: This class is not offered every year. Students are advised to take this into account when planning their long-term schedule. **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

We will address major themes and controversies in international immigration and refugee law and policy, including: Is there a need for international immigration law, and how is international immigration law beneficial for the facilitation of global mobility and the protection of the rights of migrants? What are some of the challenges that international migration poses to sovereign states? How is International immigration shaped by colonialism and neo-colonialism, household decision making processes, changes in national and international labor markets, and other factors? What are some of the structural forces creating inequality in access to global migration? What are the international agencies dealing with international migration? What are the main categories of migrants, how are their rights protected under international law and what is the relationship between them? What is the definition of refugee in international law? How should responsibility for international migrants be shared internationally? Classes will look into these questions through examining legal doctrine and theory and through examining case studies from different countries, including, but not limited to, the United States.

3 credits

The aim of this course is to provide an overview of how international environmental commitments and international economic commitments fit together within the global economic governance architecture. Students will explore the history of today's international climate movement, beginning with the 1992 Earth Summit (Rio) and covering the most recent commitments made under the United Nations Framework Convention on Climate Change. They will explore the parallel way in which international trade and investment commitments have intensified during that time period, and the course will layout the various efforts by global leaders to harmonize the two (economic and environmental) regimes. The course includes topics such as (1) environmental disputes at the World Trade Organization, (2) investor-state dispute settlement targeting environmental and climate policies, (3) efforts at the bilateral, regional and mega-regional level to incorporate environmental commitments into free trade agreements, (4) unilateral efforts by the EU and the US to promote climate-friendly policy-making worldwide and (5) developing country perspectives in the "just transition" movement. By the end of the course, students will have a comprehensive understanding of the points of harmony and tension between these two regimes and will have thought critically and creatively about the ways forward. UPPER-CLASS WRITING REQUIREMENT: A limited number of students may use this class to satisfy the 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: 9/9/22-11/18/22

3 credits

This seminar 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 (50% of grade, including compliance with deadlines)and 50% class performance (weekly reflections and 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. GRADING NOTICE: This class will 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.

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. UPPER-CLASS WRITING REQUIREMENT: This class may not be used to satisfy the 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 critically examine the legal doctrines and ethical principles of the law of war, including both the law governing recourse to force (jus ad bellum) and the law governing the conduct of hostilities (jus in bello). Topics will provisionally include the U.N. Charter framework for collective force; the nature and scope of the inherent right to self-defense; challenges to the jus ad bellum framework posed by terrorist networks and other non-state belligerents; humanitarian intervention; the core rules and principles of the law of armed conflict; non-combatant immunity and its converse, the so-called combatant's privilege; military necessity, distinction, and proportionality constraints on hostilities; prohibited weapons; belligerent occupation; the historical role of reciprocity and consequent difficulties posed by asymmetric warfare; artificial intelligence and "autonomous" weapons; and other controversies that characterize warfare in the early twenty-first century. Current events will be woven into class discussion as relevant. LIMITED WRITING OPTION: With the instructor's permission, a limited number of students may satisfy the upper-class writing requirement through their final term papers. ** 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.

4 credits

This course covers U.S. laws governing global trade and finance. We will also explore sections of the UK and EU regulations. We will examine the compliance obligations of multinational enterprises pursuant to U.S. Anti-Money Laundering, Sanctions, export controls, and cryptocurrency laws and regulations. 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; 3. Manage interactions between multinational enterprises and U.S. enforcement agencies; and 4. Present professionally and effectively to various audiences about these risks.

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

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. UPPER-CLASS WRITING REQUIREMENT: This class may be used to satisfy the 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 course is intended to explore the key legal and practical issues encountered when resolving disputes through domestic and international arbitration. Arbitration is a private means of dispute resolution where the parties agree to be bound by the decision of an arbitrator of their choice, whose decision in a final award has the same legal force as a court judgment or order. The arbitration field is an exciting and growing area of practice. The increasing focus on domestic and international arbitration reflects the practical importance of this method of international dispute settlement. he course will explore the "why" and the "how" of arbitration, comparing policies and perspectives relevant to cross-border disputes with those in play for domestic controversies in business, sports, employment, and consumer matters. Arbitration is often favored in international disputes because each of the parties involved does not want to find itself facing a dispute in the foreign courts of the other party's home jurisdiction. This course intends to convey a thorough understanding of the law and practice of arbitration -- including practical, doctrinal and policy aspects. There will be critical review and discussion of relevant treaties, statutes, rules, institutions, national and international cases and awards, while considering the more global question concerning the advantages and disadvantages of arbitration as a method of dispute resolution. The course also focuses on advocacy skills, and there are (required) opportunities during the class to role-play in mock arbitration scenes. UPPER-CLASS WRITING REQUIREMENT: A limited number of students may use this class to satisfy the requirement. ** 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. UPPER-CLASS WRITING REQUIREMENT: This class may be used to satisfy the 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

The aim of this course is to provide an overview of how international environmental commitments and international economic commitments fit together within the global economic governance architecture. Students will explore the history of today's international climate movement, beginning with the 1992 Earth Summit (Rio) and covering the most recent commitments made under the United Nations Framework Convention on Climate Change. They will explore the parallel way in which international trade and investment commitments have intensified during that time period, and the course will layout the various efforts by global leaders to harmonize the two (economic and environmental) regimes. The course includes topics such as (1) environmental disputes at the World Trade Organization, (2) investor-state dispute settlement targeting environmental and climate policies, (3) efforts at the bilateral, regional and mega-regional level to incorporate environmental commitments into free trade agreements, (4) unilateral efforts by the EU and the US to promote climate-friendly policy-making worldwide and (5) developing country perspectives in the "just transition" movement. By the end of the course, students will have a comprehensive understanding of the points of harmony and tension between these two regimes and will have thought critically and creatively about the ways forward. UPPER-CLASS WRITING REQUIREMENT: A limited number of students may use this class to satisfy the 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: 9/9/22-11/18/22

3 credits

The first half of this course 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. RECOMMENDED COURSES: International Business Transactions, Intellectual Property, International Law.

3 credits

This seminar 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 (50% of grade, including compliance with deadlines)and 50% class performance (weekly reflections and 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. GRADING NOTICE: This class will 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.

3 credits

This seminar will critically examine the legal doctrines and ethical principles of the law of war, including both the law governing recourse to force (jus ad bellum) and the law governing the conduct of hostilities (jus in bello). Topics will provisionally include the U.N. Charter framework for collective force; the nature and scope of the inherent right to self-defense; challenges to the jus ad bellum framework posed by terrorist networks and other non-state belligerents; humanitarian intervention; the core rules and principles of the law of armed conflict; non-combatant immunity and its converse, the so-called combatant's privilege; military necessity, distinction, and proportionality constraints on hostilities; prohibited weapons; belligerent occupation; the historical role of reciprocity and consequent difficulties posed by asymmetric warfare; artificial intelligence and "autonomous" weapons; and other controversies that characterize warfare in the early twenty-first century. Current events will be woven into class discussion as relevant. LIMITED WRITING OPTION: With the instructor's permission, a limited number of students may satisfy the upper-class writing requirement through their final term papers. ** 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.

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 course is designed for students who have already had some exposure to public international law, whether in the context of a law degree or in some other context. The course aims to deepen students' engagement with this field of law and to enrich their capacity for critical analysis and theoretical enquiry. The primary purpose of the course is to challenge conventional approaches to international legal study through an intensely theoretical and conceptual immersion into international law as a set of discourses, approaches and practices. While we will discuss international legal doctrine, standards and sources, the focus of the course will be on frames and contemporary contexts that reveal the nature of international law as a project. Subfields of and critical approaches to international law (e.g., Third World Approaches to International Law (TWAIL), postcolonial theory and feminist approaches) as well as writings from the social sciences and humanities will be read in the course. This course will be assessed with short weekly reflection papers (40%), one final essay (50%), and class participation (10%). **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 provides a detailed examination of immigration enforcement, asylum and relevant law and policy at the U.S.-Mexico border, as well as the disproportionate impact of these laws and policies on noncitizens and communities of color. Recent years have shown increased attention to migration and enforcement at the southern border, as well as increased violence directed at persons seeking to cross the border. But enforcement and violence at the border are not new, and must be understood in the context of both U.S. and international law and policy. This seminar will engage critically with the history, politics and law of southern border enforcement and U.S. immigration and asylum policy, and ask students to contend with what an alternate border policy might look like, as well as with the limits of the law in protecting migrants and asylum seekers. LIMITED WRITING REQUIREMENT OPTION: A limited number of students may be permitted to satisfy the upper-class writing requirement with permission of the instructor. OFFERING PATTERN: This class is not offered every year. Students are advised to take this into account when planning their long-term schedule. **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

We will address major themes and controversies in international immigration and refugee law and policy, including: Is there a need for international immigration law, and how is international immigration law beneficial for the facilitation of global mobility and the protection of the rights of migrants? What are some of the challenges that international migration poses to sovereign states? How is International immigration shaped by colonialism and neo-colonialism, household decision making processes, changes in national and international labor markets, and other factors? What are some of the structural forces creating inequality in access to global migration? What are the international agencies dealing with international migration? What are the main categories of migrants, how are their rights protected under international law and what is the relationship between them? What is the definition of refugee in international law? How should responsibility for international migrants be shared internationally? Classes will look into these questions through examining legal doctrine and theory and through examining case studies from different countries, including, but not limited to, the United States.

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. UPPER-CLASS WRITING REQUIREMENT: This class may be used to satisfy the 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 course 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 will offer a survey of international law of war and international criminal law. We will start by exploring the prohibition on the use of force, and then explore humanitarian law, which seeks to tame and regulate the conduct of states during wars, armed conflicts, and occupation. We will examine the responses of humanitarian law to "the war on terror" and modern warfare technologies, including the use of drones and autonomous weapons. Then, we will shift to examining the violations of international law of war and other violations for which individuals may incur criminal liability directly under contemporary international law. We will examine the institutional framework, including the International Criminal Court and its predecessors, and jurisdictional issues of international criminal law. GRADING NOTICE: This course does not offer the CR/NC/H option. ENROLLMENT RESTRICTION: Students who previously enrolled in Law and War (JD 797) 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.

3 credits

The aim of this course is to provide an overview of how international environmental commitments and international economic commitments fit together within the global economic governance architecture. Students will explore the history of today's international climate movement, beginning with the 1992 Earth Summit (Rio) and covering the most recent commitments made under the United Nations Framework Convention on Climate Change. They will explore the parallel way in which international trade and investment commitments have intensified during that time period, and the course will layout the various efforts by global leaders to harmonize the two (economic and environmental) regimes. The course includes topics such as (1) environmental disputes at the World Trade Organization, (2) investor-state dispute settlement targeting environmental and climate policies, (3) efforts at the bilateral, regional and mega-regional level to incorporate environmental commitments into free trade agreements, (4) unilateral efforts by the EU and the US to promote climate-friendly policy-making worldwide and (5) developing country perspectives in the "just transition" movement. By the end of the course, students will have a comprehensive understanding of the points of harmony and tension between these two regimes and will have thought critically and creatively about the ways forward. UPPER-CLASS WRITING REQUIREMENT: A limited number of students may use this class to satisfy the 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.

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

Sloane: This course will offer a survey of contemporary international law. We will consider both the classical law of nations and postwar developments, which have shifted the fulcrum of the international system from a relatively exclusive focus on the rights and duties of states inter se (as between themselves) to a broader focus on all of the participants in the contemporary international legal process: not only nation-states, but transnational institutions, non-governmental organizations (NGOs), multinational enterprises (MNEs), terrorist networks, criminal syndicates, and individuals. Specific topics, subject to time constraints, will include (1) the history, nature, and sources of international law; (2) the establishment, transformation, and termination of states and other international legal participants; (3) national incorporation of international law, with a focus on core concepts of U.S. foreign relations law; (4) international law's allocation of jurisdiction to make and apply law, as well as selected immunities conferred by international law; (5) international law's effort to protect human dignity through international human rights, the law of war, and international criminal law; (6) control and regulation of the resources of the planet, with a focus on the law of the sea; and (7) the use of force. Koh: This course will offer a basic survey of contemporary international law. It will teach students what 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. Specific topics will include: (i) the history, theory and nature of international law, (ii) the sources of international law; (iii) the "actors" of international law -- states, international organizations (with emphasis on the U.N. system) and others; (iii) the domestic incorporation of international law, with a focus on key concepts of U.S. foreign relations law; (iv) international human rights; (v) the use of force; (vi) humanitarian law.

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: 9/9/22-11/18/22

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 course 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. RECOMMENDED COURSES: International Business Transactions, Intellectual Property, International Law.

3 credits

This seminar 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 (50% of grade, including compliance with deadlines)and 50% class performance (weekly reflections and 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. GRADING NOTICE: This class will 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.

3 credits

This seminar will critically examine the legal doctrines and ethical principles of the law of war, including both the law governing recourse to force (jus ad bellum) and the law governing the conduct of hostilities (jus in bello). Topics will provisionally include the U.N. Charter framework for collective force; the nature and scope of the inherent right to self-defense; challenges to the jus ad bellum framework posed by terrorist networks and other non-state belligerents; humanitarian intervention; the core rules and principles of the law of armed conflict; non-combatant immunity and its converse, the so-called combatant's privilege; military necessity, distinction, and proportionality constraints on hostilities; prohibited weapons; belligerent occupation; the historical role of reciprocity and consequent difficulties posed by asymmetric warfare; artificial intelligence and "autonomous" weapons; and other controversies that characterize warfare in the early twenty-first century. Current events will be woven into class discussion as relevant. LIMITED WRITING OPTION: With the instructor's permission, a limited number of students may satisfy the upper-class writing requirement through their final term papers. ** 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.

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 surveys the framework of domestic laws--constitutional, statutory, and regulatory--and international laws that authorizes and constrains the U.S. government's pursuit of national security policies, with an emphasis on developments in this area since September 11, 2001. This broad survey course in national security law analyzes the balance between liberty and security, examining both substantive questions (how and where to strike the balance?) and institutional questions (what are the roles and powers of the president, Congress, and courts in striking that balance?). National security contexts explored include (1) the use of force abroad (including targeted killing), (2) domestic security, (3) secrecy, and (4) investigation, detention, interrogation, and prosecution of suspected perpetrators of terrorism and atrocity crimes.

3 credits

Atrocity crimes--including genocide, war crimes, and crimes against humanity--continue to rage around the world. This course examines origins, operations, and outcomes of historical and contemporary measures to address such heinous offenses. We will consider the full range of judicial, legislative, and executive options available to policymakers as societies emerge from periods of violence and repression. These "transitional justice" mechanisms include war crimes tribunals (such as the International Criminal Court), truth commissions, amnesties, lustration, exile, indefinite detention, lethal force, and inaction. The course draws on various case studies, including present-day Ukraine, Syria, and Myanmar; Rwanda and the Balkans in the 1990s; and World War II. Readings address the legal, political, and philosophical underpinnings of justice; questions of institutional design; and how different societies have balanced competing legal, policy, and moral imperatives. UPPER-CLASS WRITING REQUIREMENT: This class may be used to satisfy the 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

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.

2 credits

Western nations are experiencing a wave of populism eroding the liberal values these nations boast as setting them apart from illiberal regimes in the Global South and East. Animated by a sense of victimhood, an increasing number of citizens from majority groups are attracted to populist rhetoric by right wing ideologues who condemn immigrants, Muslims, and racial minorities as threats to liberal democracy. The stronger the populists become, however, the more the very system they purport to protect is destabilized. As xenophobia and Islamophobia is normalized in mainstream U.S. media and among right wing politicians, the chorus of populism demands building walls, banning Muslims, ending affirmative action, and restricting religious freedom. In this course, students will learn to think critically about the social, economic, political, and legal factors that contribute toward prejudice, discrimination, and human rights violations against Muslims and Arabs in the United States, Europe, and Asia in an era of rising populism. LIMITED WRITING REQUIREMENT OPTION: A limited number of students may be permitted to satisfy the upper-class writing requirement.

3 credits

This course 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. UPPER-CLASS WRITING REQUIREMENT: This class may not be used to satisfy the 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 take 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.

2 credits

Corporate scandals, systemic racism, Covid-19 and climate change have put environmental, social and governance (ESG) issues of corporations in the spotlight, and many investors and other corporate stakeholders believe that these issues have a financial impact. In addition, investors are becoming more and more focused on the impact of their investments on society and the environment. As a result, flows into strategies that consider ESG factors have been soaring, and impact investing has consolidated as an investment strategy that promises financial returns and solutions to tackle the world's problems. These investment strategies are evolving rapidly and asking lawyers and regulators to address novel issues and reconsider issues that seemed settled. In this course, we will discuss the role of corporations, non-profits, investment funds and development finance institutions (DFIs) in this context. We will analyze how these strategies affect fiduciary duties and disclosure requirements. We will examine the tools that are available to implement these strategies such as: blended finance, pay-for-success, public benefit corporations, sustainable bonds and active shareholder engagement. After completing this course, students will develop an understanding of the different sustainable investment strategies and players in the industry, become familiar with the typical legal issues that arise in the sustainable finance industry and with some of the tools that are being used. PREREQUISITE/COREQUISITE: Corporations. GRADING NOTICE: This class does not offer the CR/NC/H option.

3 credits

Atrocity crimes--including genocide, war crimes, and crimes against humanity--continue to rage around the world. This course examines origins, operations, and outcomes of historical and contemporary measures to address such heinous offenses. We will consider the full range of judicial, legislative, and executive options available to policymakers as societies emerge from periods of violence and repression. These "transitional justice" mechanisms include war crimes tribunals (such as the International Criminal Court), truth commissions, amnesties, lustration, exile, indefinite detention, lethal force, and inaction. The course draws on various case studies, including present-day Ukraine, Syria, and Myanmar; Rwanda and the Balkans in the 1990s; and World War II. Readings address the legal, political, and philosophical underpinnings of justice; questions of institutional design; and how different societies have balanced competing legal, policy, and moral imperatives. UPPER-CLASS WRITING REQUIREMENT: This class may be used to satisfy the 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.