Week One: Law in a Global Context
Week One: Law in a Global Context is a one-week, problem-based course that all first-year students must take at the start of the Spring semester. Through lectures, discussion sessions, and simulation exercises, the course introduces students to a complex problem that involves not only U.S. law, but also international and/or foreign law in a transnational setting so they can begin to understand how legal problems increasingly transcend national boundaries and involve more than one legal system. The Week One problems also introduce students to at least one formal decision-making process in addition to the U.S. court system – e.g., international arbitration and foreign courts – and demonstrate the importance of the careful analysis of statutes, regulations, and international agreements, as distinct from analysis of common law cases.
In a simplified but realistic legal setting, students use a closed packet of U.S., international, and/or foreign legal materials to address one of three legal problems, described below. The course is taught entirely as a problem-based exercise and has a strong skills component. Students are put in roles and collaborate with others on their team, negotiate with those on opposing sides, and participate in an arbitration or judicial hearing.
Course Structure, Requirements and Attendance
Week One consists of roughly 3-4 hours of classroom time each day Monday through Friday. While students will be led through the material by their faculty director in daily lectures, much of the work is done in small group meetings, sometimes facilitated by full-time faculty, with the assistance of upperclass Global Teaching Fellows. All first-year students are required to participate in Week One; a mandatory attendance policy requires any student who misses a class session, including small group meetings, to be withdrawn and re-enrolled in the course the following year.
Students in the day sections should plan for Week One classes to run from 9:00 am to 5:30 pm, Monday through Friday the week of January 6-10, 2014. Students in the evening section should plan for Week One classes to run from 5:45 pm to 9:45 pm. More information will be provided to students later in the Fall semester. Students should be sure to keep the Week One dates in mind as they make travel plans for January.
Description of Week One Problems
The Week One problems for this academic year will be as follows:
Professors Jane Aiken, Laura Donohue, David Koplow, and Marty Lederman
This problem features an attempt by the United States to secure the extradition of two suspected terrorists who have been indicted in federal court for participating in terrorist acts on U.S. soil. In the initial indictments, the United States seeks the death penalty, a punishment which is likely to make it difficult for the countries in which the defendants now reside – France and Russia – to extradite under the international human rights treaty to which their nations are parties. Specifically, students will be asked to evaluate whether the European Convention on Human Rights bars extradition in the circumstances of the cases, working within an assigned role as counsel for one of the defendants or one of the governments or as a judge on the European Court of Human Rights. They will also participate in a mock oral argument before, or serve as a judge on, the Court in the middle of the week. Finally, students will be asked to explore other means by which the United States might secure custody of the defendants should extraditions be foreclosed by treaty or otherwise denied. At the end of the week, the students will hear from a panel of experts, who in the past have included representatives of the Departments of State and Justice, human rights organizations, and federal counterterrorism and national intelligence organizations, on the likely real-life resolution of the issues embedded in the problem.
Professor Julie Ross
This problem involves a French plaintiff and two possible California defendants: a news network that posted an article on its website alleging that the plaintiff used his wine export business to launder money for organized crime figures in Russia and Italy, and a web hosting service that hosts the news network's website. The students will be assigned roles, representing one of the three parties or the neutral decision-makers in the case. On Thursday of Week One, they will engage in a simulated ICDR arbitration hearing in which the advocates will argue, and the neutrals will decide, whether French or United States (or some other) law will govern the dispute. On Friday, students will then engage in a mediation session to try to settle the case on the merits. The assigned readings and classroom sessions during the week are designed to prepare the students to engage in the simulated hearing and mediation proceeding. The materials will introduce the theory and doctrine governing recognition and enforcement of arbitration agreements and awards and foreign judgments; components of defamation law, freedom of expression protections, and limitations on Internet Service Provider liability in several jurisdictions; and doctrines governing choice of law decisions in a variety of jurisdictions.
Anti-Corruption and International M&A
Professors Michael Cedrone and Sue McMahon
This problem is set in the context of a corporate acquisition where, during the due diligence phase of the deal, the acquiring U.S. company uncovers evidence of bribe-like payments made at the target company, a smaller foreign organization. Both companies are concerned that these payments may trigger liability under the Foreign Corrupt Practices Act (FCPA), a U.S. statute with a wide extraterritorial reach. Fearing criminal penalties and negative press, which in turn could threaten the viability of the deal, the acquirer and target companies have both engaged outside counsel to evaluate the potential risks associated with this diligence finding. Working as the outside counsel, students will interview key witnesses and assess the risks posed to their clients under the provisions of the FCPA. Students will then present their findings and recommendations to their client's general counsel, played by practicing lawyers from Georgetown Law's alumni network. In the second half of the week, students will participate in the continuing deal negotiations, working to address the potential FCPA issue(s) as well as other concerns raised confidentially with them by their clients, in the hopes of salvaging the deal. The focus of this newly piloted problem is skills exposure and acquisition in a challenging and complex international context; students should expect intensive group work and a highly participatory environment.