Administrative Law [Engel]
Today we live in an administrative state in which thousands of administrative agencies at the federal and state law wield significant power over our everyday lives, not to mention the economy. Despite this pervasiveness, the source of an agency's powers and its place in our government has been described as "constitutionally ambiguous." Administrative agencies are not safely lodged in any particular branch of government, but rather function as a "fourth branch of government" and exercise powers of all three branches of government – adjudication, rulemaking, and executive powers. Administrative law is the body of constitutional, statutory, executive and common law doctrines that both empower and constrain administrative agencies. Topics covered by the class will include the place of agencies in government, rulemaking and adjudicatory powers exercised by agencies, judicial review of agency decisions, due process constraints on agency decisions and standing to challenge agency decisions.
Antitrust Law [Ratner]
This course focuses on how the antitrust laws regulate the activities of firms, consumers, and other "players" in our market-oriented society. The course will focus on various activities by these groups, and evaluate whether various activities are (and should be) illegal. Some specific topics include: monopolization; predatory pricing and other predatory behavior; price fixing and territorial allocation among competitors; resale price maintenance and market allocation imposed by a manufacturer or retailers; mergers.
Bankruptcy and Related Issues [Braucher]
This course will examine the policies of federal bankruptcy law and related state and federal debtor-creditor law; such as truth in lending and usury, collection of judgments, fair debt collection practices and exemptions from execution. It will also focus on problem-solving under these laws. The course will deal with administration of cases in bankruptcy and with bankruptcy liquidations and repayments plans under Chapters 7 and 13 of the federal Bankruptcy Code. Consumer bankruptcies will be the focal point for understanding the structure and policies of the Bankruptcy Code.
Business Organizations [Sjostrom, Sepe]
This course provides an introduction to business law. The course surveys basic principles of agency, partnerships, unincorporated businesses, corporations, corporate governance, and fiduciary duties. No business background is required. The course is designed to equip students with basic economic and financial tools that are required for the practice of law.
Comparative Commercial Law [Kozolchyk]
This course will cover the following areas: The basic principles of comparative commercial law, including fairness in Anglo-American and Latin American commercial adjudications, commercialization of civil law and “civilization” of commercial law, commercial law at the end of the 20th Century, and the continuing commercial legal highway; comparative sales and contract law, including the United Nations Convention on Sales Law, UNIDROIT General Principles of Contract Law, and electronic Commerce (United Nations and International Chamber of Commerce Rules); comparative secured transactions law, including Article 9 of the UCC and National Law Center Draft of a Uniform Secured Transactions Law of the Americas; and comparative payments law, including negotiable instruments, bank deposits and collections, electronic funds transfers, and letter of credit law.
This course provides a detailed study of U.S. federal copyright law, including issues such as: the concept of authorship and qualification for copyright protection; ownership and transfers of copyright; the content and scope of the copyright owner's rights.
Corporate Taxation [Hymel]
An analysis of the federal income taxation of regular (Chapter C) corporations and their shareholders in the organization, financing, operation, purchase and sale, and liquidation of corporations, as well as a comparison with Chapter S corporations and their shareholders.
European Union Law [Butler]
The course will introduce students to the institutional structures in the European Union; community legislation and policy-making. For this purpose a basic knowledge of constitutional law, either of the United States or other countries will be helpful. The European judicial system and the relationships between national courts and the European Court of Justice (EJC) will receive particular attention. The course will explore leading decisions of the ECJ; the European Union's regulations of commerce; the Monetary Union and the future of the EU.
Federal Income Tax law [Andrews, Hymel, Swain]
A study of the fundamentals of the federal income taxation of individuals including the nature of gross income and the computation of adjusted gross income and taxable income; specific items of income, deductions and credits; gains and losses; nontaxable exchanges; income splitting; tax accounting principles - all presented in the form of a series of problems with emphasis on statutory interpretation.
Foreign Investment in Developing Economies [Hornick]
This course will introduce students to the “new order” of international investment protections that emerged during the last quarter of the twentieth century to protect foreign investors from the political risks that traditionally inhibited them from making substantial investments in the third world such as expropriation, regulatory interference, currency exchange controls and devaluation, civil disturbance, breach of contract, and corruption. The course will focus on infrastructure investment and cover special transaction structures, special contract clauses, investment insurance, substantive international law protections, investment arbitration, compensation issues and enforcement issues. It will also address criticisms of the new order, including whether and how the new order might be reformed.
Global Economics and Development [Kolbe]
This course will examine policies that can be pursued to promote global economic development. While a particular focus will be placed on what the United States and other developed countries can do to support less developed countries in becoming more competitive and reducing poverty, we will also dedicate time to reviewing domestic economic reforms that can be taken by less developed countries. The US decision-making process and its impact on the extent to which the US is able to trade with and provide foreign assistance to other countries will be closely examined throughout the course.
Globalization and the Transformation of Culture [Hershey]
This curriculum joins ecological literacy in legal education to its interconnectedness with social inquiry, responsibility and justice. In essence, this class explores humanity and inhumanity in an accelerated world. It asks, as capitalism approaches universality, what are the legal, social, and community obligations that accompany global participation? Does money equal wealth? How do technological innovations displace existing culture? If public morality supposedly resounds in the law, is morality bound to perpetual consumption? This seminar examines the economic, social, cultural, religious and political consequences of globalization, the Building of Empires, the Poetics of Culture, the Logic of Global Capitalism, consequences of Technologies, New Measurements of Progress, Economic Development, Land Use, Agriculture, and the Environment.
Immigration Law [Silverman]
This course provides a study of the law and procedures concerning immigration (e.g., alien classifications dealing with non-immigrants and legal permanent residents) and removal (i.e., inadmissibility and deportation). Methods of statutory construction are stressed.
Intellectual Property Law [Orbach]
This is a survey course covering the main areas of intellectual property law - patents, copyrights, trademarks, and trade secrets. It introduces each subject and explores commonalities and differences among different systems of intellectual property protection. This course is intended for the non-specialist interested in a general introduction to intellectual property law. This course is not intended for students wishing to practice in one, or more, of the areas of intellectual property law.
International Business and Investment Structuring [Raby]
Legal advice increasingly has an international component, which requires an understanding of the legal environment in which international business and investments are made; including the ways in which different legal systems treat corporations, partnerships, limited liability companies and other common forms of legal entities. The course will analyze and compare corporations, partnerships, limited liability companies, trusts and other forms of legal entities used for conducting business and making investments internationally, as well as the operational, tax and other reasons why one form of entity may be chosen over another in planning for a particular international business or investment. In addition, issues specific to joint ventures, both contractual and organizational will be explored, as well as the unique issues involved in structuring international investments in real estate. General knowledge of business entities, real estate and tax issues will be useful, but is not required.
International Commercial Transactions [Kozolchyk]
This course is designed to acquaint students with the basic concepts, principles, and rules of international sales, sales financing paper-based and electronic and payments, and transportation. It discusses the principle sources of international commercial transactions law (treaties, compilations of customary rules such as Incoterms and the Uniform Customs and Practices for Documentary Credits, some of the key transportation conventions and basic principles presently being drafted on e-commerce in the Americas.
International Environmental Law [Engel, Gantz]
This course will analyze the expanding framework of and the legal process leading to international regulation of the human environment, including regional and international regulation of air and water pollution and the protection of marine mammals and endangered species; the relationship between environmental and trade issues; protection of the “global commons”; conflicts between protecting the environment and economic development; enforcement of international environmental obligations by the United States and other nations; and regional regulation of environmental matters, including the NAFTA and the North American Agreement on Environmental Cooperation.
International Human Rights Law [Anaya, Obiora]
This course provides students with an overview of the theory and practice of international human rights law. It will focus on various human rights problems of contemporary significance and the role of international law and institutions in addressing those problems. Topics include civil and political rights, economic and social rights, the environment and development, gender equality issues, indigenous peoples, individual criminal responsibility, corporate responsibility, and human rights in times of conflict. The course examines the evolution and content of human rights norms, their sources and legal status, and domestic and international mechanisms for implementing the norms. Students will become familiar with the United Nations human rights system, as well as with regional regimes, especially that of the Organization of American States. Themes throughout the course will include the tensions between universalism and cultural diversity, evolving notions of statehood and sovereignty, the responsibilities of states and other actors, and the relationship between the domestic and international legal orders.
International Trade Law and Policy [Gantz]
This course analyzes the key legal and policy issues in international commerce, trade and investment. It focuses on the General Agreement on Tariffs and Trade and the World Trade Organization, NAFTA and trade remedies (antidumping, countervailing duties, safeguards, etc.) under United States and international law. Trade in goods, services, trade-related aspects of intellectual property, and to a limited extent, investment, will also be considered, along with U.S. export controls and the Foreign Corrupt Practices Act. Political and economic policy considerations as well as international and national statutory materials, cases and commentary will be examined in an effort to understand international trade law and the world trading system in theory and practice.
Law and Economics [Orbach]
This course introduces the economic approach to human behavior (or, for the self-interested student, the economic approach to life). Economics is the study of allocation of scarce means to satisfy competing ends. Laws are mostly about the allocations of resources (“rights”), re-allocations (transactions or governmental/private takings), and resolutions of disputes over resources. In this course, we will explore human motivations, such as wealth maximization, ego, and altruism; examine what kind of laws a benevolent decision-maker should have in place; and study the question of what legislators and judges actually maximize.
LLC, LLP and Partnership Law [Hymel]
A study of the tax concepts involved in the formation and operation of Limited Liability Companies, Limited Liability Partnerships (which are treated as partnerships under federal tax law), and partnerships, including the sale and exchange of partnership property and interests. The course also covers partnership liquidations and special problems of limited partnerships and limited liability companies.
Multinational Tax Transactions [Raby, Swain]
The course will concentrate on the principal legal and policy issues relating to multinational taxation, including the U.S.-Mexico Income Tax Treaty and similar agreements designed to avoid double taxation; U.S. taxation of foreign source income; “competent authority” and other procedures to resolve jurisdictional disputes; transfer pricing issues; and problems relating to information exchange and cooperation among different national tax authorities.
NAFTA and Other Regional Trade Agreements [Gantz]
This course will analyze in detail the legal structures of regional trade agreements, including but not limited to NAFTA. It will review GATT Article XXIV and the economic and policy debate (global vs. regional trade arrangements); discuss key aspects of NAFTA, including tariff elimination; rules of origin; intellectual property; services; the environment; and settlement of investment and other disputes. It will also analyze legal and policy issues relating to the (stalled) negotiation of a Free Trade Area of the Americas (FTAA), to the U.S. - Chile Free Trade Agreement, and to the Southern Cone Common Market (Mercosur). The Asean Free Trade Area (AFTA) will also be considered.
Patent Law [Oremland]
This course covers the fundamental principles of U.S. Patent Law and highlights the relationship of patent law to other areas of intellectual property law (e.g., copyright, trade secrets). The course is not geared toward preparation for the patent bar exam, but instead focuses on the principles of patent law, important litigation and patent drafting strategies, and the rapidly evolving case law in this area. There are no prerequisites for this course, and no technical background is required.
Public International Law [Obiora]
This introductory course on the principles of public international law will provide an overview of a number of issues, including the sources of international law; the principal international organizations; the concepts of sovereignty, statehood and territoriality; the basis for jurisdiction under international law; state responsibility; and roles of force and war. Some consideration will also be given to the relation between public and private international law and to the value of an understanding of public international law to the private practitioner.
Securities Regulation [Sjostrom]
This course provides a study of federal regulation of the distribution of, and trading in, securities, pursuant to the Securities Act of 1933 and the Securities Exchange Act of 1934.
Regulatory State [Orbach, Marcus]
This course will present and explain the institutional context for regulation and the core tools and principles that legislators, agencies, and courts (should) consider when they examine general economic and social problems. The course will offer a powerful platform of knowledge and tools that students could apply in advanced law-school courses, as well as in every field of legal practice. The course will survey the reasons for state intervention in business conduct and human behavior, typical methods of interventions, the potential effects of each regulatory method, and the regulatory process, its limitations and potential flaws.
Trademarks and Unfair Competition [Conn/Milczarek-Desai]
Among the most valuable of business assets, trademarks are also among the least well understood. This course provides a broad overview of (mainly federal) trademark and unfair competition law. Topics to be considered may include:
- Acquisition of trademark rights;
- Requirements for registration;
- Infringement of Trademarks;
- Protection of trade dress;
- Comparative advertising;
- Performers' rights;
- Dilution of trademarks;
- Loss of trademark rights through genericism and abandonment;
- Protection of Internet domain names.
UCC (Secured Transactions) [Boyd, Dubovec]
The subject of this course is secured financing using personal property as collateral. Everything from such familiar transactions as automobile loans secured by interests in automobiles to less familiar multimillion dollar business financing secured by interests in inventory and accounts receivables to sophisticated and complicated financing involving the use of intellectual property as collateral is considered. Most such financing is governed by Article 9 of the Uniform Commercial Code.