Course Offerings 2020-2021 (Spring)

Chinese Legal System

Professor Thomas Kellogg

J.D. Course LAW 1546 (cross-listed) | 3 credit hours

This course aims to provide an overview of the legal system of the People’s Republic of China. The focus will be more on institutions than on specific rules, because finding the rules is much simpler than understanding their institutional context. We will, however, look at specific pieces of legislation as we go along.

China’s legal system exists together with its political, economic, and social structures, and cannot be understood in isolation from them. Thus, part of this course is necessarily about understanding modern China in general, not just its legal system. By the time the course is over, I hope that students will have an understanding of the environment within which Chinese law operates, and will be able to appreciate the differences between the way rules operate in the United States and the way they operate in China as well as the reasons for those differences. Although this course, as a survey course, does not specifically address issues of legal aspects of doing business in China (that is another course), it is a highly recommended preparation for such a course, and it is intended to be useful to anyone contemplating a legal career involving China.

Comparative Constitutional Law Seminar

Professor Yvonne Tew

J.D. Course LAWG  091 (cross-listed) | 3 credit hours

How are constitutions designed? What is an authoritarian constitution? How are constitutional created through revolution? What influences constitutional transitions? Is there such a thing as an unconstitutional constitutional amendment? Why should we have judicial review? What interpretive methods do judges use? Are courts good protectors of the constitutional rights?

Comparative constitutional law has expanded exponentially as a feature of contemporary constitutional practice and as a field of study. Events around the world—from the Middle East to Asia, from Europe to Latin America—highlight the issues of constitutional design and constitutional rights at stake. This course explores constitutional systems in comparative contexts, focusing on issues of constitutional structure and rights adjudication across different constitutional systems. We will explore fundamental questions on constitutional design, constitutional change, constitutional transitions, judicial review, and the role of courts and constitutional interpretation. Drawing on examples from diverse constitutional cultures, we will also examine approaches to individual rights—such as religious freedom and freedom of expression—in a global perspective.

International Arbitration in Asia

Professor Joongi Kim

LL.M Course LAWG 3019 (cross-listed) | 1 credit hour

This course will examine how international disputes are resolved through arbitration in Asia. With the expansion of trade and investment, integration of global markets and the increasing complexity of transactions, international disputes inevitably arise. International arbitration has become the preferred means in Asia by which to resolve cross-border disputes, providing a critical pillar to the stability of international business and financial architecture. The emergence of Singapore, Hong Kong, Seoul and Beijing, among others, as hubs for arbitration offers alternatives to traditional centers such as London, Paris, Geneva or New York. With innovative arbitral institutions such as the Singapore International Arbitration Centre, Hong Kong International Arbitration Centre, China International Trade and Economic Arbitration Commission and Korean Commercial Arbitration Board, a wealth of case law and a mixture of common and civil law jurisdictions, an understanding of the commercial and investment arbitration practice in Asia should help practitioners and students interested in arbitration and Asia.

Prerequisite: International Arbitration or International Commercial Arbitration or Introduction to International Commercial Arbitration

Course Offerings 2020-2021 (Fall)

Negotiating a Joint Venture in China

Professor Nestor Gounaris

J.D. Seminar LAWJ 1207 | 1 credit hour

Through a simulation oriented course, students will be exposed to recent economic history of the People’s Republic of China, foreign direct investment law of China, and negotiating norms of US and Chinese investors. These various knowledge sets will be brought together as each participant takes on the role of either a Chinese investor or a US investor, negotiating the terms of a China-based joint venture and ultimately reporting back to their respective board of directors. In addition to the negotiations exercises, the course requires a brief quality-driven paper on any number of topics relating to China as an economic actor on the world stage.