Comparative Professional Responsibility
Professor Peter Tague. 3 credits
9:00-11:00 am, Monday-Friday
This course concentrates on the position of American lawyers to typical problems concerning our professional responsibility to clients, courts and third parties. When possible, it also explores the different position taken by legal actors, in particular barristers, in England. Two examples: Who is responsible for preparing the client’s case? Should the advocate be concerned about the truthfulness of the client’s position? Barristers’ answers to those questions differ from lawyers’ in interesting ways.
European Union Law
Professor Andrea Biondi. 3 credits
1:45-3:45 pm, Monday
9:00-11:00 am, Tuesday-Friday
This course will focus on the constitutional principles and institutional structures which underpin the EU and examine some of the substantive areas of the law of the EU. This law is a vast area encompassing commercial law and the four freedoms which underpin the internal market, social policy, financial services, and many other areas in which domestic law is, in effect, set by the EU's institutions. This course will look at case studies of particular branches of substantive EU law, and the advances made by the EU in the area of equal rights.
International Intellectual Property
Professor Anne-Marie Carstens. 3 credits
9:00 - 11:00 am, Monday-Friday
This course will survey the major international agreements governing intellectual property law, including the Paris Convention, the Berne Convention, and the TRIPs Agreement. Against this backdrop, students will explore international approaches to copyright, trademark, and patent law. The course will include in-depth examination of several contemporary issues, including the trademarkability of foreign words and intangible marks, challenges by trademark holders against unauthorized registrants of domain names, differing national approaches to controlling the unauthorized downloading of copyrighted materials, the tension between the civil law moral rights tradition and copyright law, and disputes over patents based on traditional knowledge. Particular questions that students will consider include: Can French champagne producers prevent California wineries from identifying their sparkling wines as “champagne”? Can McDonald’s prevent a South African fried chicken chain from introducing a “Big Mac” burger before McDonald’s establishes a business presence in South Africa? Can artists prevent downstream buyers from altering or destroying their works? Can Indian farmers prevent a multinational corporation from obtaining a patent for a pesticide based from a centuries-old Indian tradition? Prior study of intellectual property law is not a prerequisite to this course.
Disarmament: Proliferation and Terrorism
Professor David Koplow. 3 credits
11:30 am-1:30 pm, Monday-Friday
This course addresses various issues related to the spread of advanced weapons to diverse countries and non-state actors, considering a set of problems that will raise the most difficult security concerns for the United States and the rest of the world in the post-cold-war era. In the course, we will explore a wide range of weapons technologies -- including nuclear, chemical, biological, and conventional armaments -- and the political and legal mechanisms that constrain them. We will address historical allegations concerning the dissemination and use of these weapons; the rise and fall of various strategic doctrines; the bureaucratic processes of government decision making; and the relevant ethical considerations surrounding possession and use. The bulk of the course will focus on contemporary legal and political issues such as ongoing treaty negotiations, export controls, verification of compliance, enforcement of treaty commitments, and the dismantling of redundant weaponry. This course is particularly recommended for those interested in exploring careers in public international law, but will also be relevant to others interested in the role of the lawyer in influencing United States public policy more generally. Students will also participate in small exercises designed to provide some simulated experience in characteristic legal tasks, such as drafting, analyzing, briefing, etc.
International Law I: Introduction to International Law
Professor Ralph Wilde. 3 credits
11:30 am -1:30 pm, Monday-Friday
The course provides an introduction to the nature and operation of the international legal system, and the substantive content of certain key areas of international law. We begin by considering what is meant by “international law.” We then consider who the participants in the international legal system are and review the changing treatment of the individual in this system with the introduction of international human rights law and international criminal law. We identify the criteria by which the two other main participants in the system – states and international organizations – are defined, and clarify the juridical nature and effect of the self-determination entitlement. We identify how the substantive rules of international law are formed, and what mechanisms exist to adjudicate or otherwise scrutinize compliance with these rules. We then address one key area of substantive international law: the use of military force by states and the United Nations, including ‘humanitarian intervention.’
International Trade
The Honorable Timothy Stanceu and Professor Gary Horlick. 3 credits
11:30 am-1:30 pm, Monday-Friday
This course will survey international law topics relevant to international trade, concentrating on the institutions and agreements that have emerged since the end of the Second World War to further global commerce and investment. The course will examine the disciplines established by the General Agreement on Tariffs and Trade and later expanded under the Uruguay Round negotiations, which gave rise to the World Trade Organization. In analyzing the effectuation of these disciplines in U.S. law, the course will begin with the constitutional framework for the respective roles of the legislative and executive branches in the regulation of foreign commerce and consider the deference given by courts to administrative actions in this field. It will then examine implementing statutes and regulations, introducing basic features of customs and tariff law, rules of origin, “safeguard” measures, preferential trade programs, regulation of exports, and measures to address unfair trade practices, including antidumping and countervailing duties and tariff laws protecting intellectual property.
Professor Horlick will teach for the first two weeks of the course and Judge Stanceu will teach for the second two weeks. Recommended: International Law I or another basic course in International Law; background in administrative law principles is also helpful but not essential.
