| source Cornell University (X) |
level |
department |
This course provides an overview of different commercial legal systems and examines private and public law aspects of international business transactions and the legal rules governing such transactions. Examples of private international business transactions include international sale of goods, letters of credit, foreign investment, international technology transfers and joint ventures. This course also considers international dispute resolution mechanisms (including international litigation and commercial arbitration) and related issues (including governing law, choice of forum and applicable treaties).
Score: 4.7715745 Details | Listing | Web page
A study of arbitration as increasingly the dispute resolution method of choice for international trade and international business disputes (where the parties are from different countries). The course introduces the sources and hierarchy of norms governing international arbitration and then studies the legal issues and processes concerning enforcement of agreements to arbitrate, selecting and challenging arbitrators, choosing the procedure and applicable law in arbitral proceedings, and enforcement of the resulting arbitral award. The course gives special attention to the 1958 UN Convention on the Recognition and Enforcement of Foreign Arbitral Awards (and agreements to arbitrate) known as the New York Convention, and the UNCITRAL (U.N. Commission of International Trade Law) Model Law. The course’s unique approach—patterned on the nature of international commercial arbitration itself—focuses on commercial arbitration as a transnational phenomenon and not on arbitration under any particular national system. The course materials include court decisions, arbitral awards, national arbitration statutes, the rules of various arbitration institutions, and scholarly writings—drawn from all over the world.
Score: 4.7715745 Details | Listing | Web page
The course is an introduction to public international law from a social science perspective. We begin by exploring the basic principles of international law, such as treaty making and sovereignty. We then cover the laws of war, international trade law, international law and development, human rights law, international law in the U.S. legal system, and legalized resolution of international disputes. The course will emphasize the close relationship between international law and politics and will seek to answer questions such as: Why do states comply with international law? Why do states sometimes turn to an international court to settle their disputes? How and to what extent has international law been effective in facilitating trade and promoting human rights? Throughout the course, we will consider relevant historical and contemporary episodes, such as the use of force in Iraq and the development of the World Trade Organization.
Score: 4.7715745 Details | Listing | Web page
This course focuses on the intersection of two key objectives of the international order and international economic law: (1) the promotion of rules for the stabilization and liberalization of international trade; and (2) the encouragement of economic growth and development in poor countries. The course will begin with an overview of theoretical and policy models for development through trade, and then consider the origins and commitments of existing international trade law. Employing a case-study approach, the course will proceed to examine high-profile international trade disputes implicating development issues. Questions arising out of these disputes include the following: Should developing countries receive special and differential trade preferences or be subject to universal free trade principles? Speaking of universal principles, should developing country governments be subject to the same environmental and labor standards that apply in industrialized countries? What about intellectual property rights do they help or hinder economic growth in weak economies? And how does trade affect the debt burdens of poor countries? Finally, what do these issues, and the disputes that raised them, suggest about the chances for success of current efforts in the international trade regime, such as the stalemated Doha Development Agenda?
Score: 4.7715745 Details | Listing | Web page
Judicial opinions are a fundamental part of our legal system. Well-written opinions share many common characteristics making them effective resolutions of current disputes as well as helpful precedent for the resolution of future disputes. This course will require students to research, write, and revise majority and dissenting opinions in various cases based upon a careful consideration of a full record, an oral argument, and any applicable precedent.
Score: 4.7715745 Details | Listing | Web page
This course will focus on the federal laws regulating the organization of private-sector workers and unions and the process of collective bargaining in addition to addressing protected concerted activity unrelated to union organizing. Practice in the field of labor and employment law will be highlighted along with important and timely public policy issues.
Score: 4.7715745 Details | Listing | Web page
This course will provide a broad introduction to the theory, doctrine, and history of land use regulation. Topics will include zoning, homeowners’ associations, nuisance, suburban sprawl, eminent domain and regulatory takings. Readings will be drawn from the leading cases as well as commentary by scholars in the fields of law, architecture, and planning.
Score: 4.7715745 Details | Listing | Web page
An in-depth analysis of key issues that an emerging high growth business must consider and address, including: (i) choosing type of business entity, (ii) protecting confidential information and inventions, (iii) sources of capital, (iv) understanding capitalization structures (common stock, preferred stock, warrants, etc.), (v) use of stock options as employee incentives, (vi) fundamental employment practices, (vii) proper establishment and utilization of Boards of Directors and Advisory Boards, (viii) technology licensing and commercialization, and (ix) acceptable business practices and the Foreign Corrupt Practices Act.
Score: 4.7715745 Details | Listing | Web page
This course is intended to provide a comprehensive overview of the law governing lawyers in a variety of practice settings, including transactional, counseling, and civil and criminal litigation. The course is not focused merely on the ABA’s Model Rules, but draws extensively from judicial decisions in malpractice and disqualification cases, the new Restatement of the Law Governing Lawyers, and other sources of law. A major theme is the relationship between state bar disciplinary rules and the generally applicable law of tort, contracts, agency, procedure, and crimes. Another significant theme is the prevention of attorney discipline and malpractice liability through advance planning.
Score: 4.7715745 Details | Listing | Web page
Fundamental trademark, trade dress, and false advertising laws are examined in the context of assisting clients to execute branding and marketing strategies. Special focus is given to branding as it relates to: “consumer products companies”; the impact of e-business and the Internet on branding strategies and acquisitions; and complex proof issues in trademark and domain name litigation. Marketing strategies embody fundamental and long-established principles of the trademark laws. The Lanham Act is used to address issues ranging from confusingly similar words and designs, to false and unsubstantiated advertising claims, and public appropriation—and misappropriation—of long-established corporate icons in today’s e-commerce world. This course examines the basics of this rapidly changing body of law.
Score: 4.7715745 Details | Listing | Web page
This course introduces students to the law and institutions of the European Union. It examines the composition, organization, functions and powers of the Union’s governing bodies; analyzes the Union’s governing treaties and constitutional law; and studies the Union’s decision-making processes. The course also explores broader questions of political, economic and legal integration, such as the proper relation between the Union’s law and the domestic law of the Union’s Member states, and the desirability and feasibility of using the E.U. as a model on which to pattern other transnational agreements.
Score: 4.7715745 Details | Listing | Web page
This course studies legal aspects of direct foreign investments. It seeks to identify legal problems that are likely to affect a commercial investment in a foreign country. Inter alia, it deals with the public international law principles and rules governing the establishment by foreign businesses of various factors of production (persons and capital) on the territory of other states and the protection of such investments. Thus, the course includes a discussion of the following topics: economic development and foreign capital; obstacles to the flow of investments to developing countries; guarantees to investors and investment codes; bilateral treaties; nationalization; joint ventures; project financing; transfer of technology; arbitration; investment insurance; unification of trade law; and the settlement of investment disputes.
Score: 4.7715745 Details | Listing | Web page
Much of the “law” that lawyers work with is statutory. This course will examine both how legislatures go about doing their work (that is, legislative process) and how courts and others utilize legislative output (that is, statutory interpretation). We will begin with a case study of the drafting and judicial interpretation of the 1964 Civil Rights Act. We will then devote substantial attention to theoretical and practical issues in statutory interpretation, including theories of interpretation generally, the canons of construction, and the use of legislative history. We will also examine the rules governing legislative behavior and debate, and we will consider how the different roles of legislators and judges affect our interpretation of statutes and cases.
Score: 4.7715745 Details | Listing | Web page
This 1-credit intercession course will expose students to a timely labor and employment law topic pending before the U.S. Supreme Court. The class will travel to D.C. sometime during the semester in order to hear the oral argument. During the intercession period, students will be required to read the briefs in the case, prepare a five-page paper on a related topic, and to present their research in class. Over the break, students will be required to read The Nine: Inside the Secret World of the Supreme Court, by Jeffrey Toobin or another book about the Court agreed upon by the professor. A one-page review of the book will also be required. Additional reading may be assigned.
Score: 4.7715745 Details | Listing | Web page
During the past decade, the field of alternative dispute resolution has virtually transformed the practice of law. Today, every lawyer has a professional responsibility to his or her clients to consider the most appropriate process available to resolve issues. The course will explore the characteristics of negotiation, mediation and arbitration as well as the ethical concerns inherent in them, employing interactive and videotape dispute simulations, enabling the student to engage as a negotiator, dispute resolution advocate, mediator, and arbitrator.
Score: 4.7715745 Details | Listing | Web page
This Cross Cultural Negotiation workshop is designed to give law students an intensive opportunity to develop negotiation skills which can be used in the global market place to create and repair relationships and to manage conflict. Classes will consists primarily of interactive negotiations and communication exercises, together with some lectures. Problems to be negotiated will have some rudimentary IP overtones.
Score: 4.7715745 Details | Listing | Web page
This course will focus on U.S. patent law giving comprehensive coverage of doctrinal elements and touching on key policy issues. No technical background is required.
Score: 4.7715745 Details | Listing | Web page
This course provides foreign-trained lawyers with an introduction to the American legal system and essential principles of legal writing in the United States. Students are afforded an opportunity to practice some of the forms of writing common to American legal practice, by drafting documents such as memoranda, and briefs, in the context of representing hypothetical clients. Students are given the opportunity to conference individually with the instructor and to rewrite assignments after receiving the instructor’s comments.
Score: 4.7715745 Details | Listing | Web page
Applications of products-liability doctrine and theory to a variety of problems drawn from or closely approximating actual litigation. An overview of the relevant case law, statutes, and administrative regulations, including the Restatement, Third, of Torts: Products Liability.
Score: 4.7715745 Details | Listing | Web page
An introduction to the legal rules governing the conduct of states vis-à-vis other states, individuals, and international organizations, with reference to major current events and issues. Topics include the nature, sources, and effectiveness of international law; the establishment and recognition of states; principles concerning state sovereignty, territory, and jurisdiction; the law of treaties; state responsibility; international criminal and humanitarian law; terrorism; and human rights. Special attention is given to the law governing the use of force.
Score: 4.7715745 Details | Listing | Web page
Real estate transactions and deal structuring will examine real estate deals through a practitioner perspective within a case study and transactional approach. The course looks at the transactional components and structuring of real estate deals and related parties at each step in creating value from real estate, including acquisition and assemblage; due diligence; sourcing and financing; structuring the venture/parties; operation; disposition; and tax consequences. Additional issues within deal structuring that may be included are negotiation, managing risk including litigation and environmental issues, and analysis of financing techniques, and consequences when deals go bad, including workouts and bankruptcy. The case study format will address deals from the perspectives of investment fund manager, banker/lender, developer, REIT, joint venture partner/investor, and owner. The course will include assignments and exercises where students analyze real estate transactions, prepare and negotiate documents, and present transactions and deals to review entities.
Score: 4.7715745 Details | Listing | Web page
A study of Article 9 of the Uniform Commercial Code, the law regarding security interests in personal property. In a secured transaction, a creditor may resort directly to particular assets of the debtor if an obligation is not met. The assets may be virtually any property, whether tangible (e.g., inventory and equipment) or intangible (e.g., shares of stock, accounts, intellectual property). Secured transactions are an integral part of the complex world of commercial finance. They help fuel the economy by enabling debtors to borrow more freely and lenders to better manage risk. On the other hand, if a debtor becomes insolvent, there might be nothing left for other creditors or tort victims because Article 9 enables lenders who take security to claim virtually all the debtor’s assets. The first goal of the course is for students to become familiar with the substantive law, and particularly to learn to recognize when Article 9 applies to a transaction, which may not be immediately apparent. Second, working through the intricacies of Article 9 will help students sharpen their skills in statutory interpretation. Finally, we will address some of the theoretical issues involved in security and debt. There is no prerequisite for this course. (Students with a particular interest in commercial law may wish to study bankruptcy as well as secured transactions, but this can be done in either order.)
Score: 4.7715745 Details | Listing | Web page
This course analyzes key issues under the U.S. federal securities laws, principally the Securities Act of 1933 and the Securities Exchange Act of 1934, with respect to the domestic and international offer and sale of securities. It includes a study of what constitutes a security, the public offering process, mandatory disclosure requirements for public companies, exemptions from registration (including exempt global offerings), and potential liabilities and sanctions.
Score: 4.7715745 Details | Listing | Web page
This course examines the relationship of social science to law, focusing on the growing use of social science in the legal system. Over the past several decades, increasing numbers of social scientists have conducted systematic research on the operation of law and legal institutions. At the same time, social scientists themselves are testifying as experts in increasing numbers, encouraging lawyers and judges at both the trial and appellate levels to rely on social science evidence to decide cases. Social science research is also used as a tool in law reform. The aim of the course is to develop a critical analysis of these uses of social science in law and litigation. Are social scientists asking the right questions? Are lawyers, judges, legislators, and legal reformers using social science findings appropriately? Is the law’s increasing reliance on social science problematic or advantageous—or both?
Score: 4.7715745 Details | Listing | Web page
In their short history, cognitive and social psychology have produced a rich understanding of how human beings think and how they interact with each other. It should therefore come as no surprise that these two fields have a number of applications to law. This course will explore those applications. Examples include: what effect common errors in judgment have on tort and contract law; how the perception of risk affects societal demand for regulation in environmental law; how organizational and group decision-making processes affect corporate governance; how social norms about fairness impede or facilitate negotiation and dispute resolution; how biases in judgment influence litigation strategies; and what studies of conformity mean for the development of international human rights law. The goal of this course is to introduce students with interests in different areas of law to some general principles of human thought and social interaction that will be valuable to them in their future practice.
Score: 4.7715745 Details | Listing | Web page
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