A survey of the basic principles of admiralty and maritime jurisdiction, including substantive law areas of carriage of goods, maritime liens, charter parties, collision, general average, salvage, seamen and maritime worker rights, and liability limitations.
More than 30 million people are infected with HIV in the world, most of them in areas without access to adequate medical care or treatment. This course will explore some of the legal issues posed by the AIDS pandemic, including the legal challenges made by the pharmaceutical industry against those who supply essential medications. This course will also explore trade treaties which restrict countries from using generic drugs to combat AIDS. The course will also examine whether international law provides any rights or remedies to individuals living with HIV or AIDS.
This course explores the interplay between the US Constitution, International Law, and the creation and implementation of US foreign policy, focusing first on structural and organizational issues and subsequently on the legal dynamics of specific areas of foreign policy. Among the key structural/organizational issues examined are separation of powers and federalism limits in the foregin policy making process. Specific foreign policy areas and key international agreements studied include those relating to the war on terrorism, non-proliferation, and international trade.
This course will investigate aspects of the highly regulated aviation industry. It will consider, among other topics, international laws and treaties, governmental regulation, jurisdiction, airplanes, labor, passengers, collisions and surface damage, airports, crimes, and terrorism. The international transportation of passengers and freight is a highly regulated industry. Treaties and conventions also control air travel within a nation to provide some uniformity of the application of law regardless of location or destination. In addition to international controls, each country has established codifications and regulations controlling air travel within its borders. Court opinions tend to have extraterritorial impact in much the same way, and for the same reasons, as do maritime decisions. Within this framework of national and international controls this course will examine various aspects of Air Law. The course will consider treaties and regulations of air travel, choice of law and jurisdiction, labor, travel companies, passenger rights and liabilities, air freight, airport regulation, airframe and related manufacturer liability, finance of ownership, collision and surface damage, and related crimes and terrorist acts. It will also review associated environmental issues. If time permits, the class may briefly consider some Space Law issues.
It is commonly presumed that constitutions in the Middle Eastern Islamic states have generally been written to augment political authority, and constitutionalism has often been considered at most a secondary goal. The most recent attempt toward constitutionalism
A comparison of the structure, substance, and methods of the American common law legal system with British common law and Civil Law legal systems of continental Europe, Asia, and Latin America.
Providing for the common defense and public safety is the most basic duty of any government, and such concerns predictably occupy a place of high priority in legal systems of all sorts. As a result, there is a good deal of similarity in the national security law debate taking place in legal systems around the globe: How intrusive can government be with respect to the lives of its own citizens? When can the state act preemptively to thwart those who may be its adversaries? What role, if any, is there for the judiciary in overseeing the actions of the other branches of government in this area? Despite the universality of these questions, the security situation of each society is different, resulting not only in different answers but also in different paths to answers. This course will approach these highly topical and fascinating issues with regard to the U.S., Israeli, and EU legal systems. Relevant international treaties will also be considered.
This course examines globalization and its effects upon international legal structures. The emergence of new forms of global law, which evolve and operate across traditional national boundaries, is a major aspect of the globalization process. Globalization has changed the nature of transnational legal institutions in both the public and private international law arena, and has led to new forms of transnational governance. Specific examples include such new legal institutions as the International Criminal Court (ICC), the World Trade Organization (WTO) and its dispute settlement system, and also varied hybrid or private international law regimes, such as the expanding field of technical standardization created by the International Organization for Standardization (ISO) and the new governance structure of the Internet (ICANN). Private bodies such Multinational Enterprises and Non-Governmental Organizations are also playing a key role in the contemporary global arena and the course will examine their contribution against more traditional institutions. The course will begin with a general inquiry into the concept of globalization. It will then focus on various new and emerging forms of transnational governance, ranging from international human rights law, trade law and environmental law. Special attention will be given to the ways in which these diverse and seemingly separate aspects of international law interact with each other (e.g. the trade-environment debate, the involvement of NGOs and Multinational Enterprises in trade disputes). We will focus on the legal instruments which govern these diverse regimes and the international institutions that implement them. The course will also examine the impact of these new global regimes upon Israel and its laws.
This course examines international human rights law through the legacy of the Holocaust. The course's theme is that the Holocaust and its aftermath were also legal events, and that the international human rights system created after World War II was a juriprudential reaction to the atrocities of the Holocaust. The course aims to train law students, our future leaders, to become human rights advocates. Students taking this course will gain an understanding of the Holocaust and its significance. Equally important, they will also learn how to use domestic and international law as instruments for the prevention and prosecution of human rights abuses so that the words "Never Again" may become a reality. Note: This course will be taught as Video Conference course, through the use of video teleconferencing/interactice TV (ITV), connecting our site with the classroom at the Univesity of Minnesota School of Law (UoM). The course will be taught jointly by Professor Bazyler and Professor Stephen Feinstein of UoM. Our meeting site will be off-campus, at the conference room of the Orange County office at Morrison & Foerster, located at 19900 MacArthur Boulevard. Maxium enrollment is 20 students.
This course focuses on the tension between the needs of protecting human rights guarantees of individuals and the protection of national security in the age of terrorism. The course analyzes what actions can a state legitimately take when confronted with serious threats of terrorism, including: 1) the use of physical force to extract information that might lead to the saving of innocent lives; 2) constructing physical barriers as a means to respond to terrorism and its possible effect on daily life; 3) engaging in 'targeted killings/assassinations' of people planning and organizing terrorism; and 4) detention of suspected terrorists without giving them recourse to the courts. Specific decisions covered in the course will include: the Torture, the Security barrier and the recent targeted killings decisions of the Supreme Court of Israel; the Security barrier decision of the International Court of Justice; and the trilogy of cases recently issued by the United States Supreme Court with respect to Guantanamo Bay [Rasul & Al Odah] and individuals held as 'enemy combatants' [Hamdi and Padilla]. Anti-terrorist legislation in Israel and laws issued in the United States in the aftermath of 9/11 may also be examined. The second part of the course will turn to examining the human rights of the victims of terrorism. After exploring the phenomenon of suicide bombing and its classification under international law, we will then identify and assess measures that have been adopted to assist victims of terrorism. These include the immediate response to the victims of terrorism, the follow-up responses including the establishment of trauma centers, and the issue of compensation. Finally, the possibility of victims of terrorism and their families filing law suits against terrorist organizations will be investigated.
This course is a study of the legal issues surrounding United States migration. Among the issues covered are federal government power in admission, deportation and exclusion; economic and political rights of immigrants; documented and undocumented immigration and the acquisition of citizenship.
This course introduces students to the International Migration and Refugee Law Seminar. Topics covered include the definition of refugee status, the 1951 Geneva Convention, the asylum/refugee distinction, the use of statistical analysis, and concepts incorporated into national immigration law. Interviews with actual refugees and role-playing will be used to enhance students' experience.
This seminar will focus on modern legal issues pertaining to international adoption law with an emphasis on the effects of the Hague Convention on the international adoption process. Topics will include an overview of events and laws leading up to the Hague Convention on Intercountry Adoption (Hague Convention), an overview of the Hague Convention, a survey of the effect of the Hague Convention on adoption laws in foreign countries and the U.S., and an evaluation of the effectiveness of post-Hague Convention international adoption laws and procedures.
This class looks at Animal Law from an international and comparative law perspective. While the class is focused on issues relating to animals, it covers a number of subjects of general applicability relating to international law, international trade, intellectual property, and environmental law. Some of the subjects covered include analysis of moral theories relating to the relationship between humans and non-human animals; review of laws of numerous jurisdictions, including Australia, Austria, Brazil, Canada, the EU, Germany, India, New Zealand, South Africa, Sweden, Switzerland and the U.K., relating to the use of animals in agriculture, scientific experiments, sport and entertainment, including film, circuses and animal exhibitions; analysis of the Convention on International Trade in Endangered Species of Wild Fauna and Flora; study of the impact of international trade agreements on Animal Law issues, with a focus on the World Trade Organization, the General Agreement on Tariffs and Trade, and the Agreement on Trade-Related Aspects of Intellectual Property Rights; consideration of the recent trend toward attempting to protect the interests of animals through constitutional provisions; and analysis of animal-related intellectual property issues including cloning, patenting of life forms, trade secrets, and sales of artwork created by animals. Another major topic of discussion will be the economic, moral, social and cultural foundations of the various approaches taken to Animal Law in different jurisdictions. The class requires a paper based solely on the readings and presentations in the class, and this paper will be due about a month after the class concludes. One or more field trips related to the class are possible and the class will visit a vegetarian restaurant in Toulouse. For those students who successfully complete their paper on a (pre-approved) intellectual property-related topic, this course will provide 2 units of intellectual property elective credit for purposes of the Intellectual Property Certificate.
A review of the principles involved in international business negotiations with an emphasis on negotiation, arbitration and mediation during the contracting process and as alternatives to litigation in resolving civil disputes. Practical strategies are discussed with an introduction to the role of the international lawyer in each of the different processes with multinational enterprises.
This course covers both private and public (government regulation) aspects of international business transactions. Specific topics covered include international sales contracts and the Convention on the International Sale of Goods (CISG), regulation of foreign investment and bilateral investment treaties (BITs), private international dispute resolution (including choice of forum and choice of law clauses, international commercial arbitration, and enforcement of foreign arbitral awards), US customs law, remedies and responses to unfairly traded imports, and the regulation of international bribery through the Foreign Corrupt Practices Act (FCPA) and the OECD Anti-Bribery Convention.
A survey of international environmental principles and problems, treaties and conventions. Topics to be covered include biodiversity, global climate change, hazardous substances, vesse-lbased pollution, marine conservation, transboundary air and water pollution (emphasizing Mexico-U.S. issues), and nuclear damage.
This course will provide students with an overview of international human rights law with a particular emphasis on the limited protections available for sexual minorities. The course will also include special workshops during a visit to the international courts in Hague.
International Intellectual Property in an Integrated World Economy provides students with a comprehensive introduction to the global system regulating intellectual property rights. The authors use meticulously selected case decisions from different national, regional, and multilateral courts and dispute settlement bodies to illustrate not only the application of legal principles, but the impact the treatment of intellectual property rights has on a broad range of social and political interests. The outstanding text recognizes that students today need to understand intellectual property concepts in the context of a global economy.
An examination of statutory and judicial law as it applies to abused, neglected, and delinquent children, juvenile abortion rights special laws regulating sexual behavior, and juvenile rights in school.
The sale of goods by a seller in one country to a buyer in another has become an increasingly important part of the world's commercial activity. To establish a uniform law of contracts for this form of international commerce, sixty-two countries have signed the United Nations Convention on Contracts for the International Sale of Goods (the "CISG?). Knowledge of the CISG is essential in the practice of international commercial law. This course will focus on the CISG, which governs relationships between buyers and sellers of goods in international commerce. We will cover contract formation, terms and interpretation of contracts, risk of loss, and damages for breach. This course will also reinforce students? understanding of both common law contracts and the Uniform Commercial Code.
The emergence of global digital networks, such as the Internet, and digital technologies that enhance human abilities to access, store, manipulate and transmit vast amounts of information introduces a host of new legal issues that lawyers preparing to practice in the 21st century need to understand and address. Both Israel and the United States have been on the forefront of dealing with such legal issues. This course explores the question how the law should treat the digital environment by looking at specific problems, such as: freedom of speech in cyberspace; liability of Internet Service Providers; e-Commerce and electronic contracts; the digital aspects of copyright law (such as file sharing and digital rights management), search engines as well as other issues. Emphasis will be on legal developments in cyberlaw in the United States and Israel. There are no prerequisites for the course.
Globalization has demonstrated the need for collaborative working relationships across the traditional boundaries of nation-states. In this regards it is the next step in the internationalization of a corporation. One of the most widely used vehicles for such interactivity has been strategic alliances and joint ventures. The course introduces the students to this area of study by means of theoretical foundations as well as practical examples. Besides an emphasis on the various legal issues, including an initial focus on international contracts and some of the inherent issues in their use, the course will further focus on the concepts of risk and control and distinguish some of the underlying international legal issues of working within an international context; the muliple roles of counsel; global virtual team issues; operational design and specific case studies on international business negotiations within strtegic alliances and joint ventures.
A study of international treaties and trade agreements involving trademark law. Topics include extraterritorial enforcement of trademark laws, conflict of laws, Paris Convention, Madrid Agreement, GATT/TRIPS trademark provisions, the role of the WTO, and comparative law. PRE-REQ: Law 702 Trademarks Law.
This introductory course will examine the organization of the French legal system (with some comparison with the English and U.S common law systems). There will be some discussion of the sources and nature of the French civil law system and the structure of the French judicial system and how it differs from the English common law system. This course is open to all students and required for those students who were accepted to do the externship in London.
This seminar provides a forum for students to explore the history, literature and process of Jewish law. No knowledge of Hebrew or prior study of Jewish law is required for the course. Following introductory classes on the sources and structure of Jewish law, the course will examine the dynamics of the legal system by looking at such areas as: biblical interpretation in civil and ritual law, capital punishment, self-incrimination, the duty of confidentiality, abortion, the interaction of Jewish law with other legal systems, and the application of Jewish law in the Israeli legal system. There will be an emphasis on comparative analysis, and course materials will include discussion of Jewish law in contemporary American legal scholarship.
This course examines the relationship between the state and religion in various legal systems. Particular emphasis will be placed on the role of religion and religious institutions in the legal system and legal structures of the State of Israel. The course will examine how Israel, created as a state for the Jewish people, has handled the tensions between maintaining Israel as a state with a Jewish identity and at the same time a liberal democracy. As we will see, over the past several years once latent disagreements over matters of religion and state have become a major source of political and cultural tensions in Israeli society. The first part of the course will be dedicated to conceptual analysis and presentation of various models for the legal role of religion in various national legal systems, including models found in states based upon Christianity and Islam. In the second part, we will take a closer look at several specific religious disputes arising in Israeli law, including rights of citizenship, family law disputes, and Sabbath and dietary law observance. The course will conclude with a comparison between the arrangements made in Israel and in the United States as to the legal status of religion.
This course provides an overview of space law, including a detailed examination of elements of military, civilian and commercial space law and policy with reference to current and future developments. Course coverage will include the five major international treaties dealing directly with space (the Outer Space Treaty, Liability Convention, Registration Convention, Rescue and Return Agreement, and Moon Treaty), the application of these Cold-War era treaties to modern space activities and issues (including space tourism, space debris, and space security),
An introduction to Spanish language for lawyers, designed for law students who anticipate working with Spanish speaking clients. The goal is to help students develop basic skills in reading, understanding and writing in Spanish. The course focuses on language acquisition sufficient for interacting with Spanish speakers. The teaching methods will include exercises to simulate client interviews, client intakes, and conversations to solicit basic personal information. This course will be taught in both English and Spanish. Prerequisites: None. Some previous knowledge of Spanish preferred.
This will be an advanced course focusing on legal vocabulary to enhance students
This course will examine the responses to terrorism by the United States and the international community. The course is divided into three parts. The first part will begin with a discussion of the difficulties of defining terrorism and various legal definitions will be analyzed. A brief history of terrorism will follow. The second part of the course will involve an in-depth study of terrorism prosecutions in Title III courts. The class will study the various federal criminal statutes and investigative techniques utilized for prosecuting terrorists, including Title III electronic surveillance, criminal search and seizure warrants, and federal criminal grand jury practice, as well as national security investigative techniques authorized by the Foreign Intelligence Surveillance Act. The class will also examine the procedures for utilizing classified information in criminal terrorism prosecutions. The final part of the course will examine United States counterterrorism policy post 9/11, with specific emphasis on the legal implications of such policies as indefinite detention of enemy combatants, the use of military commissions, interrogation techniques and torture, targeted killing/assassination, extraordinary rendition and warrantless electronic surveillance. In this part of the course, the class will also analyze and discuss the interplay between counterterrorism policy and international law and the response to terrorism by foreign nations. Throughout the course, case studies will be presented which serve to illustrate the legal principles being discussed.
This course introduces students to the influence of the Mexico-United States border region on doctrinal development and legal policy in U.S. federal and state courts. Topics covered include the delimitation of the boundary, search and seizure of migrants, immigration, transborder families, real estate, financial arrangements, torts, crime, the environment, and the extraterritorial application of Mexican law. The question of whether a unique border culture exists will be discussed throughout.
Study Abroad program in Santander, Spain begins
May 25, 2012
Study Abroad program in Mexico begins
June 10, 2012
Admitted Student Mixer
June 23, 2012 2:00pm-4:00pm