International, Comparative & Transnational Law Offerings 2015-16

2015-2016

International, Comparative & Transnational Law Offerings

Available Every Semester Corporate Counsel Externship…p. 2 D.C. Semester Practice Program…p. 2 Supervised Research…p. 3 Year-Long Course Business Ethics Seminar…p. 3 Fall 2015 Semester Banking Regulation…p. 4 Comparative Constitutional Law…p. 4 Conflict of Laws…p. 6 Global Governance… p. 6 International Legal Research…7 International Trade…7 Military Law…p. 8 Selected Topics in Int’l Criminal Law…p. 9 Spring 2016 Semester Business Crimes…p. 9 Corporate Responsibility…p. 10 Foreign Affairs & National Security…p. 10 Immigration Law…p. 11 International Arbitration…p. 11 International Business Transactions…p. 12 Oxford Spring Semester…p. 12 Public International Law (both)…pp. 12-13 Securities Litigation & Enforcement…p.13 Summer 2016: Study Abroad…p.14 1

Available Every Semester Corporate Counsel Externship (JURI 5968/5969E) 4-6 credit hours Carol Morgan Seminar portion meets 10:30-12:20 Tuesday, Room D, Fall 2015; 9:30-11:20 Tuesday, Room E, Spring 2016 Prerequisite: JURI 4210 and JURI 4300. This course explores the practice of law from the perspective of an in-house counsel. Students will spend 1-2 days each week in a corporate legal department where they will have work assignments and experience firsthand the inner workings of a legal department. A 2-hour seminar each week will supplement the on-site work with discussions about relevant substantive topics and opportunities to build skills through drafting projects and simulations. In lieu of a final exam, students will prepare an appraisal with critical reflections about their externship and an oral presentation. [Potential externship sites offering work of an international or transnational nature include: Acuity Brands Inc., Delta Air Lines, Imerys, InterContinental Hotels Group, McKesson Corporation, NCR Corporation, Rollins Inc., and YKK Corporation of America.]

D.C. Semester in Practice Program 13 credit hours Students live and work in the U.S. capital, gaining legal and practical skills, developing subject-matter expertise and making professional connection. See http://www.law.uga.edu/dc-semester-practiceprogram and/or e-mail jheywood@uga.edu.

Placements may include: Public & Homeland Security unit, Federal Communications Commission; International Trade Commission; Overseas Private Investment Corps; Office of 2

Chief Counsel for International Commerce, U.S. Department of Commerce; Office of General Counsel, U.S. Department of Homeland Security; Immigration Division, U.S. Department of Justice; and Office of U.S. Trade Representative.

Supervised Research (JURI 5190) 2 credit hours

By Agreement with Requested Professor [Topics may include international, comparative, or transnational law] Supervised Research involves an in-depth written analysis of a legal issue under close faculty tutoring and supervision. It requires significant legal research, original thinking and analysis, and must produce final paper of a kind and quality similar to that found in law review articles.

Year-Long Course Business Ethics Seminar (JURI 5665) Total of 2 credit hours, over 2 semesters Usha Rodrigues & Carol Morgan 2:30-4:20 Tuesday, Room E (meets 7 times each semester) Corporate scandals make the headlines, but businesses face ethical challenges everyday, even in situations that are legally compliant.

This course will examine ethical issues confronted by businesses in a variety of contexts, from legal activities to those on the “slippery slope” to outright corruption. Students will consider different approaches to ethical decision-making and the lawyer’s role in advising business clients. This is a year-long 3

course open to 3L students only. [Course includes case studies on foreign bribery.]

Fall 2015 Semester Banking Regulation (JURI 5470) 3 credit hours Mehrsa Baradaran 11:05-12:20 Tuesday & Thursday Room K This course will survey the evolution of banking regulation, as well as recent developments that have intensified scrutiny on banks. The primary focus will be on Federal regulation of banks in regard to both traditional and non-traditional banking activities as well as the potential conflicts between state and Federal law.

Desired course outcomes: 1) learn the complex laws under which banks operate and why banks have traditionally been regulated much more heavily than other industries; 2) understand how those regulations are structured, how compliance is monitored, and how to recognize potential regulatory issues that arise in banking environment; 3) appreciate the ethical responsibilities that banks have to customers and the communities that they serve. [Note: includes about a week on international banking law.]

Comparative Constitutional Law (JURI 4185) 3 credit hours Lori Ringhand 11:05-12:20 Tuesday & Thursday Room C Why do we have a constitution? In what ways is our constitution different than those adopted 4

in other nations? Are there things our constitutions could do better? This course explores questions like these in a comparative perspective. We will explore the different ways nations have addressed the common problems constitutions attempt to solve, such as the structural organization of governments and the protection of individual rights. In doing so, we will consider the relationships between constitutions and judicial review; the significance of written versus unwritten constitutions; and the pros and cons of comparative consideration of such questions.

In doing so, we will study constitutional arrangements in the United States, and in other countries including Australia, Canada, France, Germany, Great Britain, India, Israel, Japan, and South Africa. Specific topics of study will include (1) the relationships between elected branches of government and courts under constitutional regimes that permit legislative override of constitutional decisions, (2) presidential compared to parliamentary systems of governance; (3) different forms of constitutional federalism, (4) approaches to protecting minority groups (for example, federalism, affirmative action for racial/ethnic/linguistic minorities, or group-based rights), (5) gender equality; (6) freedom of religion, (7) freedom of speech, and (8) positive social welfare rights. The course will be graded through a combination of class participation, occasional written or in-class assignments, and a take-home exam. There are no prerequisites for the course, although a familiarity with U.S. constitutional law would be helpful.

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Conflict of Laws (JURI 4410) 3 credit hours Brian Lea 3:30-4:45 Monday & Wednesday, Room I This course examines the ways in which the courts of a nation or state seek to resolve legal disputes in which other nations or states have an interest. The course will focus on two topics: the jurisdiction of courts over persons or things involved in international or interstate legal disputes; and choice of law, the question of which jurisdiction’s law should apply in a given international or interstate legal dispute. In addition, the course will cover the impact of the Constitution on jurisdictional issues, choice of law determinations, and the effect of state court judgments and decrees outside of the rendering state. Other topics that could be covered include: conflicts between federal and state law; the effect given foreign nations’ judgments in domestic courts; and the extraterritorial application of federal law.

Global Governance (JURI 5885) 2 credit hours Harlan Cohen 2:30-4:20 Thursday, Room D Prerequisite: Any international law class or permission of instructor. In a globalizing world, the range of issues with cross-border implications only expands, from finance to trade, environment to human rights, food safety to sports. This upper-level course in International Law examines how and why different legal regimes have developed to govern these issues and when they succeed or fail.

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International Legal Research (JURI 5380) 1 credit hour Anne Burnett 8:30-10:20 Wednesday, Room G Researching international and foreign law requires materials and methods different from those employed in researching U.S. law. This short course provides an overview of international law, with an emphasis on the resources and skills used to locate relevant international and foreign resources. Although students and researchers of international and comparative law should find this course particularly useful, non-specialists will also find it helpful in an increasingly global legal arena.

Class discussions will include the differences between public international law, private international law, and municipal (foreign) law, important research tools, UN and other intergovernmental organizations (IGOs), non-governmental organizations (NGOs); European Union & other regional organizations. Weekly research exercises provide hands-on experience in locating materials.

International Trade (JURI 5360) 3 credit hours Harlan Cohen 12:30-1:20 Tuesday, Thursday & Friday Room H Examines national and international policies and laws relating to international trade and investment.

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Military Law (JURI 4390) 2 credit hours J. Stephen Shi 2:30-4:20 Tuesday, Room G The course will focus on the system of military justice in the United States, and its sources of authority under the U.S. Constitution, the Uniform Code of Military Justice (UCMJ), and the Manual for Courts-Martial (MCM). The course will also address the history of military justice in the United States and particularly the UCMJ since its enactment in 1951; the complementary relationship between military discipline and the UCMJ; scope of military jurisdiction; the different types of crimes established in the UCMJ; military trial practice and procedure, including a comparison between the evidentiary and procedural rules under the UCMJ/MCM and the civilian federal courts; the appellate courts established under the UCMJ; the role of the military lawyer and the organization and role of the several Judge Advocate General departments within DoD; the role of the military commander under the UCMJ; significant military cases reaching the U.S. Supreme Court and other federal courts; discussion of the use of military commissions in the Global War on Terror and a comparative analysis of military justice systems of other nations.

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Selected Topics in International Criminal Law (JURI 5595) 1 credit hour Ziv Bohrer (visiting from Bar-Ilan University Faculty of Law, Israel; see http://law.biu.ac.il/en/node/2920) 9:30-12:10 Friday, Room A 5:30-8:10 Monday, Tuesday, Wednesday & Thursday, Room C Sept. 28-Oct. 2, 2015 The course will examine key issues and dilemmas relating to International Criminal Law (ICL). It will begin by surveying both ICL’s development in recent times as well as its substantive law. It will then explore unique aspects of ICL, including: the collective nature of the crimes, the difficulty of investigating such crimes, and the difficulty to enforce ICL. Various doctrines exclusive to ICL will be examined in order to demonstrate how ICL’s norms have been shaped by its exceptional features. The course will conclude by refuting the myth that ICL was ‘born’ at Nuremberg, by uncovering ICL’s centuries-long forgotten history and establishing its current relevancy.

Spring 2016 Semester Business Crimes (JURI 5660) 2 credit hours Larry Thompson & Donald Samuel 6-7:50 Wednesday, Room F This course will cover corporate and individual responsibility for violations of the principal federal statutes regularly used by the government in corporate and white collar crime cases. A variety of offenses will be covered, including conspiracy, mail and securities fraud, obstruction of justice, false statements, bribery and environmental crimes. The course will also 9

cover organizational compliance programs as a means of preventing violations of the law and mitigating organizational legal liability. [Note: Includes study of Foreign Corrupt Practices Act, United Kingdom Anti-Bribery Act, etc.]

Corporate Responsibility (JURI 4765) 1 credit hour Larry Thompson 6-7:50 Tuesday [7 sessions, dates to be announced], Room C The great economist and Nobel Laureate Milton Friedman famously stated that a corporation has "one and only one social responsibility - to increase its profits." Is this true today? As evidenced by the passage of the landmark Dodd-Frank legislation in 2010, the conduct and performance of several of America's leading corporations in recent years have seriously undermined confidence in U.S. businesses and their leaders. This course will explore contemporary trends in corporate governance and will examine whether a responsible corporation can integrate relevant societal concerns, such as environmental matters, and actually strengthen long-term shareholder value and the sustainability of both the corporation and the society in which is exists. [Note: The course will have international and comparative components.]

Foreign Affairs & National Security Law (JURI 4425) 3 credit hours Harlan Cohen 3:30-4:45 Tuesday & Thursday, Room K Examines how U.S. law both constrains and is constrained by U.S. foreign relations and the foreign policy-making process. The course 10

considers issues relating to separation of powers, federalism, individual rights, and the influence of international norms on US constitutional development.

Immigration Law (JURI 5890) 3 credit hours Jason Cade 9:05-10:20, Room K This course will examine American immigration law and policy. Topics considered include source and scope of Congressional power to regulate immigration; procedures for entry, exclusion, and deportation; refugees and asylum; current immigration law reform; and the role of states in regulating migrants. This course is intended both for those who are considering immigration law as a career and for those who want a general introduction to an important area of law that intersects with many areas of practice, including administrative, criminal, family, employment, and international.

International Arbitration (JURI 4720) 3 credit hours Timothy Meyer 11:05-12:20 Tuesday & Thursday, Room I This course will examine the legal regime governing international commercial arbitration.

Topics will include the enforcement of arbitration agreements, arbitral procedure and the enforcement of arbitral awards. The course also will consider how to draft arbitral clauses.

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International Business Transactions (JURI 4675) 3 credit hours Timothy Meyer 2:05-3:20 Tuesday & Thursday, Room I This course will examine the legal regime governing a variety of international business transactions. Topics include international sales, international finance, and anti-corruption legislation.

Oxford Spring Semester Oxford University, England 13 credit hours This program provides a unique opportunity to live in Oxford, England, and study law – focusing on international or comparative law – at one of the world’s most famous universities.

Three courses are taught by members of the Oxford law faculty; the remaining two are taught by a Georgia Law faculty member. The program also includes a series of guest lectures and field trips. The spring 2016 program will offer the following courses: EU Economic Law; Comparative Commercial Law; Real Property Law in a Global Context; Human Rights in Comparative Perspective or British Constitutional Law; and a supervised research tutorial. For more information, see http://www.law.uga.edu/georgia-law-oxford and/or e-mail Professor Lori A. Ringhand at ringhand@uga.edu .

Public International Law [for 2Ls, 3Ls, LLMs only] (JURI 4640) 3 credit hours Diane Marie Amann 8:30-10:20, Tuesday & Thursday, Room G This introductory course will examine the doctrine, theory, and evolution of International 12

Law. Once focused narrowly on relations between nation-states, the field now encompasses myriad legal norms and mechanisms regulating the global activities not only of states, but also of human beings, corporations, and intergovernmental and nongovernmental organizations.

Public International Law [elective for 1Ls only] (JURI 4640) 3 credit hours Harlan Cohen 11:30-12:20 Monday, Tuesday & Thursday, Room K This introductory course will examine the doctrine, theory, and evolution of International Law. Once focused narrowly on relations between nation-states, the field now encompasses myriad legal norms and mechanisms regulating the global activities not only of states, but also of human beings, corporations, and intergovernmental and nongovernmental organizations.

Securities Litigation & Enforcement (JURI 5430) 3 credit hours Margaret V. Sachs 11:05-12:20 Monday & Wednesday, Room H Prerequisite: JURI 4210. This course examines private, SEC, and criminal enforcement of the federal securities laws.

Topics considered include fraud on the market, market manipulation, international reach of the fraud provisions, and securities arbitration, as well as developments under the Private Securities Litigation Reform Act and the Sarbanes-Oxley Act. This course is altogether distinct from, and does not presuppose knowledge of, the course in securities 13

regulation. [Note: Will spend approximately one week on international securities fraud.]

Summer 2016 Georgia Law Study Abroad Program See: http://www.law.uga.edu/international-programs

Note: Scheduling changes remain possible; check with registrar or instructor if you have any questions.

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