Complete List of Graduate Courses

LAW 2058 v00 Academic Legal English I

LL.M Seminar | 4 credit hours

Academic Legal English is a required course for students enrolled in the Two-Year LL.M. Program. This year-long course is designed to help prepare students for the linguistic and intellectual demands of LL.M. study at a law school in the U.S. The course focuses on enhancing students’ language proficiency in the areas of listening, speaking, reading, and writing, with particular emphasis on developing language skills for both understanding legal texts (e.g., judicial opinions, law review articles, and court documents) as well as producing legal texts (e.g., case briefs, "issue spotter" exam answers, and academic papers). Throughout the academic year, students will work closely with course instructors and receive extensive, individualized feedback on their skills development.

Note: This class is mandatory for, and restricted to, to students enrolled in the Two-Year LL.M. with a Certificate in Legal English. This course is graded on an honors-pass-fail basis.

LAW 2092 v00 Academic Legal English II

LL.M Seminar | 4 credit hours

Academic Legal English is a required course for students enrolled in the Two-Year LL.M. Program. This year-long course is designed to help prepare students for the linguistic and intellectual demands of LL.M. study at a law school in the U.S. The course focuses on enhancing students’ language proficiency in the areas of listening, speaking, reading, and writing, with particular emphasis on developing language skills for both understanding legal texts (e.g., judicial opinions, law review articles, and court documents) as well as producing legal texts (e.g., case briefs, "issue spotter" exam answers, and academic papers). Throughout the academic year, students will work closely with course instructors and receive extensive, individualized feedback on their skills development.

Note: This class is mandatory for, and restricted to, students enrolled in the Two-Year LL.M. with a Certificate in Legal English. This course is graded on an honors-pass-fail basis.

LAW 534 v01 Access to Health Care and Coverage: Law and Policy

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

The law governing access to health care has been in flux and in legal dispute in recent years. This course will examine America's programs for health care access and finance, including employment-based private insurance, Medicare, Medicaid, CHIP, and VA. The course will also examine the enactment, implementation, and litigation of the Affordable Care Act. In addition to these payment systems, the course will also at laws affecting non-comprehensive systems such as emergency rooms, public hospitals, and community health centers. No previous knowledge of health law is required.

Note: The course will not focus on biomedical ethics, medical malpractice, or pharmaceutical regulation.
This is a required course for the U.S. Health Law Certificate.

LAW 025 v00 Administrative Law

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

This course considers the constitutional, statutory, and other legal limitations on what government agencies can do and how they can do it. What constraints govern the power of agencies to make law, decide cases involving private parties, and investigate citizens? How much "due process" must government agencies give citizens whose lives they affect; what limits has Congress imposed on the procedures for agency decision making; and to what extent can people call on courts to check what they regard as abuses of governmental power? These are among the questions addressed in the course, which draws together problems ranging from the legitimacy of New Deal institutions to the dramatic procedural innovations of recent federal administrations and problems created by renewed Congressional interest in the details of agency decision making.

Recommended: For Professor Nager's section: Prior or concurrent enrollment in Constitutional Law I: The Federal System.

Mutually Excluded Courses: Students may not receive credit for both this course and the first-year elective by the same name or the first-year course, Government Processes.

LAW 025 v06 Administrative Law

J.D. Course | 3 credit hours

There is no more fundamental course in law school than administrative law. This course introduces you to the modern administrative and regulatory state. You will come to understand both the tremendous power exercised by administrative agencies and the significant constraints (legal and political) under which they operate. You will learn to identify the design features that might make an agency constitutionally problematic, the factors that make one type of decision-making framework more appropriate than another, the prerogatives and limits of agencies in interpreting the statutes they are charged with administering, and agencies’ prerogatives and limits in adjudicating facts and exercising policymaking discretion. You will also learn to identify the factors that affect the availability and timing of judicial review of agency action.

Mutually Excluded Courses: Students may not receive credit for this course and the upperclass course with the same title.

Note: This course is a first-year elective. First-year day students select an elective offered in the spring.

LAW 1349 v00 Administrative Law

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

There is no more fundamental course in law school than administrative law. This course introduces you to the modern administrative and regulatory state. You will come to understand both the tremendous power exercised by administrative agencies and the significant constraints (legal and political) under which they operate. You will learn to identify the design features that might make an agency constitutionally problematic, the factors that make one type of decision-making framework more appropriate than another, the prerogatives and limits of agencies in interpreting the statutes they are charged with administering, and agencies’ prerogatives and limits in adjudicating facts and exercising policymaking discretion. You will also learn to identify the factors that affect the availability and timing of judicial review of agency action.

Mutually Excluded Courses: Students may not receive credit for both this course and the first-year elective by the same name or the first year electives, The Regulatory State or Legislation and Regulation, or Government Processes, or Legislation and Regulations: Law, Science, and Policy.

LAW 448 v00 Advanced Antitrust Economics and Law Seminar

J.D. Seminar (cross-listed) | 2-3 credit hours

This seminar examines recent developments in the economic approach to antitrust law and practice. Topics include issues at the frontier in various areas, including some or all of the following: decision-theoretic approach to antitrust, partial ownership acquisitions, advanced merger analysis and policy, buyer power, conditional pricing practices, intellectual property/antitrust interface, pay-for-delay agreements, standard setting, abuse of dominance, and behavioral economics. Students must complete a 2 or 3 credit paper and weekly assignments on the topic for the week. Some time is spent throughout the term on the student papers. This is an excellent course for students preparing for a career on antitrust. There will be written assignments that must be submitted for each class. Attendance is also required.

Prerequisite: Antitrust Law (or the equivalent Antitrust Economics and Law).

Note: This seminar requires a paper. J.D. students must register for the 3 credit section of the seminar if they wish to write a paper fulfilling the Upperclass Legal Writing Requirement. The paper requirements of the 2 credit section will not fulfill the J.D. Upperclass Legal Writing Requirement.

LAW 1248 v00 Advanced Antitrust Seminar: A Comparative Look at EU and US Competition Law

J.D. Seminar (cross-listed) | 2 credit hours

Current antitrust practice, in government, corporations and firms, frequently involves the young lawyer in matters with implications in a European Union Member State as well as the US. Clients routinely request preliminary identification of potential foreign risks from their US antitrust counsel. Much of EU competition law has been adapted from and developed in harmony with US antitrust law. Over a substantial range of applications (mergers, distribution systems, competitor coordination, monopoly), however, EU law diverges markedly from US rules, standards and consequences. This divergence stems largely from enduring differences between fundamental policy objectives underlying the two systems of competition regulation.

The goal of this course is to provide students who have completed the first antitrust course and who may be interested in careers in antitrust with an overview and awareness of the most significant current differences in approach and analysis between EU and US enforcement. Although not a comprehensive study of EU competition law, the course should enable students to spot treacherous areas of difference, advise clients of potential risks, and collaborate effectively with foreign team members on multijurisdictional matters. The course will introduce students to contemporary issues that would be rewarding subjects for further study and for seminar papers.

The course provides an overview of the major topics addressed by EU competition law, explaining the fundamental principles underlying the origin and development of the EU policy and highlighting substantive and procedural departures from US law. The course will provide an introduction to the elements of the principal EU prohibitions. The course will illustrate the fundamental differences between the EU and US laws through in-depth comparisons of selective EU and US court opinions involving applications to similar conduct. The course reading will consist primarily of relevant excerpts of EU Treaty provisions; European Commission decisions, regulations and guidelines; and European Court of Justice decisions. I propose using a comprehensive textbook which conveniently contains these excerpts. (Jones & Sufrin, EU Competition Law (4th ed., Oxford)). Students will find the text of the book informative and will find references and citations to the primary materials available on official websites and in official hard-copy publications. Comprehensive lecture notes for each major topic will be distributed to aid class discussion and paper research.

Prerequisite: Antitrust Law (or Antitrust Economics and Law).

LAW 1474 v00 Advanced Civil Rights: The Civil Rights Act of 1964, The Frontiers of Civil Rights Enforcement and the Next Fifty Years

J.D. Seminar (cross-listed) | 2 credit hours

The Civil Rights Act of 1964, growing out of a sweeping grassroots civil roots movement was one of most important pieces of legislation passed in American history. At the time of passage, it was called a "Magna Carta of Human Rights" and during its first fifty years it produced enormous changes in legal doctrine, the workplace, and society. These changes in the legal landscape include disparate impact doctrine aimed at systemic racial discrimination, hostile work environment, religious accommodation, and gender stereotyping. This seminar will examine, from a practitioner's perspective, how social change, evolving ideas of race and gender, globalization, global conflict, and technology will shape the development of this Act (and notions of equality) over the next fifty-years and the legal strategies to navigate this terrain. The course will focus on emerging issues such as coverage of sexual orientation and gender identity, big data and disparate impact, the intersection between criminal justice and employment opportunity, arbitration and privatization of adjudication, the "new" gig economy, migration and human trafficking, and religious pluralism.

Strongly Recommended: Constitutional Law I and Employment Discrimination.

LAW 1387 v00 Advanced Constitutional Law Seminar: The Constitution, Democracy, and the Economy in the 21st Century

J.D. Seminar (cross-listed) | 2 credit hours

This two-credit seminar will explore the many constitutional questions raised by the effort to maintain a democracy in the 21st century. We will examine in detail current questions in the law of democracy (particularly free speech and the regulation of campaign finance) as well as the growing conflict between the Constitution and the regulation of economic life.

We will explore what is distinctive about the intersection of contemporary constitutional law, the economy, and efforts to maintain democracy today, including by contrast to the history of the protection of economic liberties. The course materials will focus throughout on notions of freedom, individual and collective choice, and democratic practice.

The readings will include the principal Supreme Court cases, such as Buckley v. Valeo, Citizens United v. FEC, McCutcheon v. FEC, Virginia State Board of Pharmacy v. Virginia Citizens Consumer Council, and Sorrell v. IMS Health, as well as leading scholarship in the field, including:

  • Robert Post, Citizens Divided
  • Larry Lessig, Republic 2.0
  • Jane Mayer, Dark Money
  • Jacob Hacker and Paul Pierson, Winner-Take-All Politics
  • David Singh Grewal, The Laws of Capitalism
  • Bruce Ackerman, Beyond Carolene Products
  • Suzanna Sherry, Property is the New Privacy: The Coming Constitutional Revolution

Prerequisite: Constitutional Law II: Individual Rights and Liberties.

LAW 1387 v01 Advanced Constitutional Law: The Constitution, Democracy, and the Economy

J.D. Seminar (cross-listed) | 2 credit hours

This course will explore the relationship between constitutional rights, the economy, and efforts to maintain a democracy today.

We will examine the emergence and transformation of the notion of “civil liberties” as a concept in American legal culture, including by reference to the history of the protection of economic liberties. We will explore in detail some of the most prominent current controversies in constitutional law, including questions in the law of democracy (particularly free speech and the regulation of campaign finance) and the growing conflict between the Constitution and the regulation of economic life.

The readings will include principal Supreme Court cases and leading scholarship in the field. The materials will focus throughout on notions of freedom and liberty, individual and collective choice, and democratic practice. The course will additionally include discussion of constitutional and appellate advocacy and the relationship between the academic works we read and current and seminal cases. Leading practitioners and scholars may join us for certain classes.

Prerequisite: Constitutional Law II: Individual Rights and Liberties.

LAW 029 v00 Advanced Environmental Law: Climate Change (Project-Based Practicum)

J.D. Practicum | 4 credit hours

In a project-based practicum course, students participate in a weekly seminar and work on a project under the supervision of their professors. This project-based practicum course will focus on the evolving legal and policy developments concerning global climate change, and provide students the opportunity to engage in hands-on work with policymakers in addressing the issue. Students will participate in a two hour/week seminar and carry out ten hours/week of project work including regularly scheduled meetings with professors and Georgetown Climate Center attorney advisors.

SEMINAR: This seminar covers the current understanding of climate change science and impacts, international and domestic policy approaches, technological and adaptation responses, and legal and regulatory cases and developments. Class participation and attendance will be graded.

PROJECT WORK: Students will prepare papers and make presentations in class and to outside “clients” on topics being analyzed for state and local governments through the work of the Georgetown Climate Center of Georgetown Law. Students work with professors and advisors to develop professional-quality work products that can be shared with outside "clients."The Center works with states and communities on crafting policy strategies to reduce emissions that contribute to climate change and to adapt to the consequences of climate change.

Prerequisite: Environmental Law. J.D. students must complete the required first-year program prior to enrolling in this course (part-time and interdivisional transfer students may enroll prior to completing Criminal Justice, Property, or their first-year elective).

Mutually Excluded Courses: Students may not take another practicum course or a clinic at the same time as a project-based practicum course. Students may enroll in an externship at the same time as a project-based practicum course.

Note: This course may be suitable for evening students who can regularly attend class and participate in calls or meetings during the day as students interact with professors, advisors, and/or clients.

This is a four credit course. Two credits will be awarded for the two-hour weekly seminar and two credits for approximately ten hours of project work per week, for a minimum of 11 weeks. Both the seminar portion and the project work will be graded.

Students who enroll in this course will be automatically enrolled in both the seminar and project components and may not take either component separately. After Add/Drop, a student who wishes to withdraw from a practicum course must obtain permission from the faculty member and the Assistant Dean for Experiential Education. The Assistant Dean will grant such withdrawal requests only when remaining enrolled in the practicum would cause significant hardship for the student. A student who is granted permission to withdraw will be withdrawn from both the seminar and project components.

Regular and punctual attendance is required at all practicum seminars and students are required to devote the requisite number of hours to their project. If a student must miss seminar, project work, a meeting or a deliverable, he or she must speak to the professor as soon as possible (ideally beforehand) to discuss the absence or missed assignment. Unless the professor indicates otherwise, a student with more than one unexcused absence from the practicum seminar (out of 13 total seminar sessions), or one week of unexcused absences from the fieldwork or project work (out of a total of 11 weeks of fieldwork or project work), may receive a lower grade or, at the professor’s discretion, may be withdrawn from the practicum course.

LAW 805 v01 Advanced Individual Income Tax and Personal Financial Planning

LL.M Course | 2 credit hours

The course will examine selected topics of individual taxation that are often relevant when advising high net-worth individuals. The course will include topics such as the basics on itemized deductions; individual net operating losses; interest expense deductions (Mortgage Interest, Investment Interest, and Interest Tracing); loss limitations (Passive Activity Loss and At-Risk); basic income tax considerations in financial planning; and tax exclusion on gain from the sale of a principal residence. The class will also discuss the alternative income-based tax systems applicable to individuals: Individual AMT, Net Investment Income Tax, and Self-Employment Tax. The class will be beneficial for students that seek to advise high net worth individuals (such as executives, entrepreneurs, or closely held business owners) in financial planning, tax, and estate planning matters. The grading for the class will consist of a take-home final exam available during the first week of the final exam period.

Prerequisite: Federal Income Taxation (formerly Taxation I).

Note: DISTANCE STUDENTS REGISTER FOR CRN#: 16595. This course is only open on a distance basis to students enrolled in the Executive LL.M. in Taxation, the Executive LL.M. in Securities & Financial Regulation, and the MSL programs. All J.D. students and resident LL.M. students may not enroll in this course on a distance basis.

This course will meet on the following Summer 2018 dates: 5/30, 6/4, 6/6, 6/11, 6/13, 6/18, 6/20, and 6/25.

LAW 2073 v00 Advanced International Commercial Arbitration

LL.M Course (cross-listed) | 3 credit hours

This course will provide an indepth study of specific topics in international commercial arbitration from both a theoretical and practical perspective. Topics to be considered will include:

  1. the arbitration agreement - the separability doctrine, choice of law, parties to the agreement (including non-signatory issues), competence-competence, enforcement of the agreement and other types of national court intervention;
  2. complex arbitrations - multiparty and multicontract issues, joinder of parties, consolidation of cases, parallel proceedings;
  3. the arbitral tribunal - selection of arbitrators, duties of arbitrators, independence and impartiality issues, challenges of arbitrators;
  4. the arbitral proceedings - bifurcation, interim measures, evidentiary rules, the conduct of hearings; and
  5. the arbitral award - drafting of awards, enforcement and setting aside of awards, the 1958 New York Convention on the Recognition and Enforcement of Awards.

The course will refer to arbitration rules, case law, statutes and international conventions.

Prerequisite: International Commercial Arbitration, Introduction to International Commercial Arbitration, or permission of the instructor.

Mutually Excluded Courses: This course is mutually exclusive with the other spring course by this same name (LAWG/J 888).

Note: Please note, the date for the final class session will be announced at the start of the semester.

LAW 888 v00 Advanced International Commercial Arbitration: Practice Seminar

LL.M Seminar (cross-listed) | 3 credit hours

The seminar will be a combination of the theoretical and practical aspects of international commercial arbitration, with an emphasis on the practical. Its centerpiece will be the handling of a mock international arbitration case from the drafting of the arbitration agreement to the drafting of a final award, with units in between on the appointment and challenge of arbitrators, discovery of documents, and a live arbitration hearing. Teams of students will participate (as counsel to the parties) in the negotiation of arbitration agreements, in the drafting of motions and replies, in oral argument on such issues as the disqualification of arbitrators and the production of documents in discovery, in the hearing in a case, and in brief writing. Playing the role of arbitrators, students will also write final arbitral awards.


To the extent time permits, the course will also consider a handful of the many difficult and, to a large extent, still unanswered questions of national and international law that are emerging as the practice of international arbitration expands, including choice of law issues and, particularly in the United States, issues of the relation between federal and state laws.

The course will be limited to 12 students. It will meet once a week for two hours. There will be no final exam.

Prerequisite: A general course in international commercial arbitration. Students not having this precise prerequisite but having had a course in arbitration generally or substantial law practice experience in arbitration may apply for admission to the course by emailing Professor Joelson at joelsonmr@msn.com.

Mutually Excluded Courses: This course is mutually exclusive with the other spring course by this same name (LAWG 2073).

Note: This course does not meet the J.D. writing requirement (WR).

LAW 710 v00 Advanced International Taxation

LL.M Course | 2 credit hours

This course is designed for those students that wish to gain a deeper understanding of the effect of certain U.S. rules governing the taxation of U.S. persons doing business overseas and foreign persons doing business in the United States. The course will cover a broad range of topics with particular emphasis on the tax consequences of cross-border reorganizations, liquidations and taxable acquisitions and dispositions. The course will cover the tax consequences of outbound transfers of assets, foreign-to-foreign transfers of assets, and inbound transfers of assets. Students will be expected to have a working knowledge of corporate taxation, and transactional aspects of subpart F and the foreign tax credit rules.

Prerequisite: Corporate Income Tax Law I (or Corporate Taxation (formerly Taxation II)); U.S. Taxation of International Transactions (or U.S. International Outbound Tax (formerly: U.S. Taxation of Domestic Persons With Activities Outside of the U.S));

Recommended: Prior or concurrent enrollment in Corporate Income Tax Law II (or completion of Corporate Taxation (formerly Taxation II)).

Note: DISTANCE STUDENTS REGISTER FOR CRN#: 35366. This course is open to both on campus and distance students. However, only students enrolled in the Executive LL.M. in Taxation, the Executive LL.M. in Securities & Financial Regulation, and the MSL programs may take this course on a distance basis. All J.D. students and resident LL.M. students may not enroll in this course on a distance basis.

LAW 483 v01 Advanced Issues in International Human Rights Seminar

LL.M Seminar (cross-listed) | 2 credit hours

This course will examine specific issues in international human rights law drawn from the current decisions of international human rights supervisory bodies. The course will be divided into two halves. The first half of the course will consist of lectures and discussions on seven specific issues as illustrated by cases decided by international jurisdictional bodies. For example, we will examine the decisions of the International Court of Justice (Breard, LaGrand) and the Advisory Opinion of the Inter-American Court of Human Rights (OC-16) on an alien’s right to consular assistance, in the context of the creation of international human rights norms and the problems arising from a multiplicity of international jurisdictions. We will examine the two decisions (Section and Grand Chamber) of the European Court of Human Rights on the Refah Partisi case as regards the compatibility of Islam and democracy in the context of the universality of human rights debate. We will examine decisions of the European Commission and Court of Human Rights and the Inter-American Commission in an attempt to trace the changing definition of “torture” in the context of the Guantanamo detainees case. The second half of the course will be dedicated to the oral presentation of research papers and discussion of these paper topics.

Prerequisite: International Law I (or an equivalent course in Public International Law).

Recommended: A survey class in Human Rights Law.

LAW 681 v00 Advanced Online Legal Research

LL.M Seminar | 1 credit hour

This course will build on the research techniques learned in U.S. Legal Research, Analysis, and Writing. It will focus on resources available online, including Lexis, Westlaw and the Internet. The course will prepare students to conduct U.S. legal research either in a legal setting in the United States, or abroad. There will be ample time for questions from the students, so that specific topics of interest to the class can be covered.

Note: The course is graded honors-pass-fail. This class is only open to foreign educated LL.M. students (i.e., those students who do not have a U.S. J.D. degree), and enrollment is limited to a small number of students.

ATTENDANCE IS MANDATORY AT ALL CLASS SESSIONS. All enrolled and waitlisted students must be in attendance at the start of the first class session in order to be eligible for a seat in the class and must attend each class session in its entirety.

A student will be permitted to drop a course that meets for the first time after the add/drop period, without a transcript notation, if a student submits a written request to the Office of the Registrar prior to the start of the second class meeting. Withdrawals are permitted up until the last class for this specific course.

LAW 702 v00 Advanced Partnership Taxation

LL.M Course | 2 credit hours

Focuses on the skills necessary (including review of transactional documents) for a tax attorney involved in advising on partnership structuring matters. Topics will include drafting the partnership agreement, allocations of tax items, amortization of partnership intangibles, classification/conversions, interplay of partnership rules on debt restructuring application of various gain triggers upon exiting from partnerships, partnership mergers and divisions, partnership equity-based compensation, and the partnership anti-abuse rules.

Prerequisite: Federal Income Taxation (formerly Taxation I); Taxation of Partnerships. Neither prerequisite may be taken concurrently.

LAW 943 v00 Advanced Private Wealth Planning Seminar

LL.M Seminar | 4 credit hours

This course will provide students with a solid grounding in advanced estate-planning techniques and help them build the drafting and client-relations skills necessary to develop and implement a comprehensive estate plan. This course is required for the Certificate of Study in Estate Planning.

The course will be structured in two modules. The first module will introduce students to technical tax regimes (such as the generation-skipping transfer tax) and more complex planning scenarios. Topics covered will include philanthropy and private wealth planning; the role in estate planning of private foundations, public charities, and supporting organizations; charitable giving techniques; planning for family controlled businesses; planning for highly-compensated individuals; and international aspects of private wealth planning.

The second module will consist of a hands-on exercise in developing, drafting, and executing a complex estate plan. Working from a comprehensive fact pattern, students will make in-class presentations about the problem and participate in the development of the estate plan by drafting documents and by commenting on drafts prepared by others. These documents may include legal memoranda, client communications, and analysis of planning alternatives, as well as the will, trust instruments, and organizational documents for charitable entities.

Prerequisite: Federal Income Taxation (formerly Taxation I), Decedents’ Estates or equivalent, or Wills & Trusts; Income Taxation of Trusts and Estates; Estate and Gift Tax; Special Topics in Transfer Tax.

Note: This course is only open to students enrolled in the Taxation LL.M. program, or who have been admitted to the joint JD/Taxation LL.M. program by professor permission. Interested students should contact Ellis Duncan via email at ged5@law.georgetown.edu no later than August 1, 2018 for permission to take this class. Students require permission from professor to withdraw from this course.

LAW 2062 v00 Advanced Scholarly Writing

LL.M Seminar | 1 credit hour

The focus of this course is to make students generally better writers by using their experiences in seminar paper writing as an example to work from in enhancing their skills. The goal of this course is to increase the students’ understanding of scholarly writing for a U.S. legal academic audience and it is achieved by guiding the students through planning their legal academic writing process; refining their paper’s scope; conducting academic and legal research; implementing legal research writing methods and practices; writing a working draft via an iterative process; gaining a more nuanced understanding of U.S. academic and legal writing culture; revising their writing to demonstrate coherent, cohesive, and concise written communication; and learning techniques to edit and proofread their final drafts. Students will receive individualized feedback on their writing throughout the semester.

Note: This class is graded on a pass/fail basis. Students must be concurrently taking a 2 or 3 credit seminar paper course to enroll in Advanced Scholarly Writing. This course is only open to foreign-educated LL.M. or J.D. students (i.e., those students who do not have a U.S. J.D. degree).

ATTENDANCE IS MANDATORY AT ALL CLASS SESSIONS. All enrolled and waitlisted students must be in attendance at the start of the first class session in order to be eligible for a seat in the class and must attend each class session in its entirety. A student will be permitted to drop a course that meets for the first time after the add/drop period, without a transcript notation, if a student submits a written request to the Office of the Registrar prior to the start of the second class meeting.

LAW 381 v02 Advanced Studies in Federal Securities Regulation: Policy and Practice

J.D. Seminar (cross-listed) | 2-3 credit hours

This seminar course offers an opportunity for in depth discussion of key issues in securities regulation including current Securities and Exchange Commission (SEC) and Public Company Accounting Oversight Board (PCAOB) regulatory and enforcement actions, how regulatory decisions are made, the economic and other policy bases for SEC and PCAOB regulation, and the operation and impact of the SEC’s regulatory oversight and enforcement programs in the recent financial crisis. Guest speaker participants will include members and senior staff from the SEC and PCAOB and experienced securities practitioners.

Grading will be based on a final paper on an approved topic and class participation.

Learning goals for this course: Develop a high level understanding of how securities regulations are developed and applied, using a series of studies of specific regulatory issues, with frequent guest speakers from government and private practice.

Prerequisite: Corporations; Securities Regulation (may be taken concurrently).

Note: This course requires a paper. J.D. students must register for the 3 credit section of the course if they wish to write a paper fulfilling the J.D. Upperclass Legal Writing Requirement. The paper requirements of the 2 credit section will not fulfill the J.D. Upperclass Legal Writing Requirement.

LAW 1406 v00 Advanced Topics in Corporate Law: Unincorporated Business Entities

J.D. Seminar (cross-listed) | 1 credit hour

So-called “alternative” or “unincorporated” business entities, most notably limited liability companies (LLCs) and limited partnerships (LPs), indisputably have become an important and apparently permanent fixture in American business. They are becoming the entity form of choice for privately held businesses, but equity interests in LLCs and LPs are also traded publicly on national securities exchanges.

From a legal perspective, and similar to traditional corporations, state law subjects the creation, termination, and internal governance of alternative entities to a mix of statutory rules and common law doctrine that address issues of efficient allocation of capital, creditor protection, and agency costs. More so than with corporations, however, the intent of the applicable state law is to facilitate maximal private ordering and customization appropriate to the unique needs and characteristics of any individual company. This flexibility provides obvious benefits to business planners. At the same time, however, it engenders a fundamental legal challenge: how to balance that flexibility with the development of guiding precedents and predictability otherwise characteristic of the corporate and common law traditions?

This course introduces students to that very challenge. Topics covered include alternative entity formation and dissolution; the centrality of operating agreements and freedom of contract in establishing the rights and responsibilities of stakeholders; the fiduciary and contractual duties of managers, contractual modification or elimination of fiduciary duties, and the relationship between “contractual fiduciary duties” and the implied contractual covenant of good faith and fair dealing; and judicial review of self-interested transactions, especially in the increasingly litigious environment of public M&A.

Students are expected to possess a basic understanding of the law applicable to alternative entities and corporations.

Prerequisite: Corporations.

Note: This course is mandatory pass/fail and will not count toward the 7 credit pass/fail limit for J.D. students.

Attendance at all class sessions is mandatory and all enrolled students must attend the first class in order to remain enrolled. Students on the wait list must attend the first class in order to be admitted off the wait list. Enrolled students will have until the beginning of the second class session to request a drop by contacting the Office of the Registrar. Once the second class session begins, students may only seek a withdrawal by contacting an academic advisor in the Office of JD Academic Services. Withdrawals are permitted up until the last class for this specific course.

LAW 947 v00 Advanced Topics in Exempt Organizations

LL.M Seminar | 2 credit hours

This course will focus on the practical deal-making aspects of structuring transactions involving non-profits and for-profits, with focus on the rules governing joint ventures (designing a joint venture policy), choice of entity issues, hospital and health care industry deals, low income housing tax credit issues, historic and energy tax credits, new markets tax credit transactions, environmental and conservation ventures, university joint ventures (e.g., distance learning, faculty research and pouring rights), impact investing, social benefit corporations (Hobby Lobby case) and valuation and reasonable compensation issues. It will include negotiating strategies (key structural issues, how to educate the for-profit party, “must-have” deal terms); case studies with students taking sides in negotiating the deal; Congressional outlook (political and lobbying) and “hot” UBIT topics. The course will feature guest lecturers from the Treasury, IRS and the private sector, including in-house general counsel of tax exempt organizations. The course will require a 20 page (approx.) paper.

Prerequisite: Federal Income Taxation (formerly Taxation I).

Recommended: Taxation of Charities and Other Nonprofit Organizations.

LAW 2094 v00 Advanced Topics in International Humanitarian Law

LL.M Seminar | 3 credit hours

This seminar is intended to provide students with an interest in international humanitarian law (IHL) with an opportunity to undertake indepth research, and write a substantial paper, on key issues in IHL. Potential topics include thresholds for the application of IHL, the interface of IHL with human rights law and domestic law, the protection of civilians and non-combatants from the effects of conflict, the application of IHL protections to unprivileged belligerents, the standards for detention under IHL, including both permissible duration and treatment, emerging trends regulating the use of lethal force as a first resort under IHL, arms control and IHL (landmines, cluster munitions, autonomous weapons), the application of IHL to cyber “warfare”, U.S. interpretation of customary and treaty IHL, the efficacy of IHL in current conflicts in the Middle East and Eastern Europe, and other topics. Building upon a foundation of assigned readings on core IHL topics, the professors and students will tailor classroom work to coincide with the students’ research projects. Students will be expected to participate actively in class and to share their own research during the semester with other students.

Learning objectives:

Through a structured process to develop a scholarly paper on international humanitarian law, we aim to give the student, working closely with the professor, an opportunity to explore his or her topic in depth and to write a paper worthy of publication in a law journal.

Strongly Recommended: Courses in public international law, human rights law or international humanitarian law (the law of armed conflict).

LAW 1602 v00 Advanced Topics in Torts: Products Liability, Guns, and Drugs

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

This upper level course will cover the law of products liability generally and take a close look at the state of products liability litigation and liability in relation to guns and to opioids. The goal is to combine a survey of the complicated field of products liability law with a sophisticated deep dive into two areas of cutting edge products liability litigation.The first part of the course will familiarize students with major topics applicable to all products manufacturers including: a product distributor’s liability for defect-caused harm, allocating responsibility inside and outside the commercial chain of distribution, causation, affirmative defenses, approaches to design defect litigation, and federal preemption of products liability claims. Later in the course, we will examine gun manufacturer liability, currently and prior to the passage of the Protection of Lawful Protection in Arms Act, which reshaped the landscape of gun litigation. Finally, we will end with a consideration of the growing litigation related to the opioids, litigation inflected by doctrines peculiar to prescription drug manufacturer liability. The final examination will be a self-scheduled 48 hour take home exam. Attendance and participation are crucial to the course, and significant credit will be given to those students who contribute thoughtfully and constructively to class discussion of cases and issues.

LAW 3018 v00 Advocacy in International Arbitration

LL.M Course | 2 credit hours

Students in this small seminar will receive individualized instruction in oral and written advocacy in advanced topics in international arbitration. The scope of instruction will include both procedural and substantive topics. The principle underlying the course is that students will learn by doing.


Enrollment will be based only on professor permission; students should not rank this course in the pre-registration process. Permission will be principally based on the results of a moot court try-out competition.

Recommended: Prior enrollment in an introductory course in international arbitration

Note: Note: This course is only open to LL.M. students. Students must seek professor permission to enroll.

LAW 127 v00 Advocacy Tools for Public Interest Lawyers

J.D. Seminar (cross-listed) | 2 credit hours

This course is designed for students embarking on careers in public interest law or policy and explores the many necessary techniques to become highly effective advocates for social change. The purpose of the class is to help class participants develop creative advocacy approaches and learn to think beyond litigation and other traditional legal strategies to meet key client and societal goals. In particular, the course will: 1) explore how coalition building, grassroots organizing, and public policy advocacy can be used to enhance legal strategies; 2) teach basic public interest advocacy skills, including media relations, fundraising basics, legislative advocacy and lobbying, leveraging data and research, social marketing and public opinion, and cutting-edge digital strategies; and 3) introduce students to dynamic experts in relevant issue areas, from lobbyists to communications experts. Using compelling case studies and background reading materials, students will have the opportunity to use multiple advocacy tools to tackle real-life social problems on the local and national levels. Grades will be based on the extent and quality of class participation and written assignments.

Note: FIRST CLASS ATTENDANCE IS MANDATORY. All enrolled and waitlisted students must be in attendance at the start of the first class session in order to be eligible for a seat in the class.

LAW 1632 v00 Aggregate Litigation: A Global Perspective

J.D. Seminar (cross-listed) | 1 credit hour

In a world of mass production, mass harm often follows. A defective product might injure numerous consumers; a false report might mislead multiple investors; and a discriminative practice might impact a large number of employees. In such cases, litigation by each individual plaintiff might prove ineffective, and often impractical. To resolve this problem, legal systems have devised various forms of aggregate litigation and collective redress procedures. This introductory course discusses the key characteristics of these procedures, using a comparative framework. Class actions and alternative collective redress regimes in the U.S., Canada, Australia, Israel and Europe will be studied, and the potential for multi-national aggregate litigation, in a single or in multiple forums, will be explored.

Note: This course will meet on Mondays and Wednesdays, 11:10 a.m. - 1:10 p.m. on the following dates: 9/5, 9/10, 9/12, 9/17, 9/19, 9/24, and 9/26.  

LAW 369 v01 AIDS Law and Ethics Seminar

J.D. Seminar (cross-listed) | 2-3 credit hours

This course examines the social, legal, political, and ethical controversies surrounding the HIV/AIDS pandemic in contemporary society. It covers both domestic and international law and policy. The course is divided into several parts. Part I covers the role of social movements and mobilization in the response to HIV/AIDS. Part II, AIDS in the Courtroom, covers the major court cases related to HIV/AIDS in the United States and in key countries around the world like South Africa, India and Brazil that provide important comparative perspectives to understand the power of law. These cases demonstrate the social impact of AIDS– the effect of litigation on social institutions, constitutional law, and interpersonal relationships. Part III, Rights and Dignity, examines the role of international human rights, privacy, and discrimination. Part IV, Policy, Politics, and Ethics, covers a wide range of the most contentious debates of the HIV/AIDS pandemic, including testing, named reporting, civil and criminal confinement, sex work, drug law and policy, LGBT rights, and gender.  Part V, Special Considerations covers a set of particular contexts and realities including sexual assault, HIV-infected health care workers, and perinatal transmission of HIV. The final Part, Governance and Financing, examines the absence of political leadership, the international trade system which militates against access to affordable treatment in low- and middle-income countries, the systems of financing for HIV in the U.S. and around the world, and the ethics of international collaborative research. The AIDS pandemic has reached deeply into all major spheres of modern life–e.g., law, medicine, economics, and politics. The pandemic has transformed society and restructured ethical values. This course provides an account of the major themes of the pandemic during the last three decades and offers an analysis of contemporary and future policy.

Mutually Excluded Courses: Students may not receive credit for this seminar and the course, AIDS Law and Ethics.

Note: This seminar requires a paper. J.D. students must register for the 3-credit section of the seminar if they wish to write a paper fulfilling the J.D. Upperclass Legal Writing Requirement. The paper requirements of the 2-credit section will not fulfill the J.D. Upperclass Legal Writing Requirement.

LAW 065 v02 Alternative, Complementary, and Integrative Medicine, The Legal Issues Seminar

J.D. Seminar (cross-listed) | 3 credit hours

Alternative, Complementary, and Integrative Medicine ("non-traditional medicine") ("CAM") is the fastest-growing sector of American Health Care and is one of the fastest growing fields in the United States. Presently, at least 50 percent of Americans are using some form of alternative and complementary therapy such as acupuncture, nutritional supplementation, herbs, massage, yoga, chiropractic and homeopathy. According to the Journal of the American Medical Association in 1997, visits to alternative health care practitioners exceeded total visits to all conventional primary care physicians. The number of clinics and hospitals that integrate some modalities of CAM alongside conventional medicine is growing rapidly. The Institute of Medicine, a part of the National Academy of Sciences, has held recent conferences on the values of both CAM and Integrative Medicine. The NIH is using significant resources to fund research in this area.

This development, of course, is raising legal issues. There is a growing but still unsettled body of law on this subject. Some but not all CAM modalities are now licensed and regulated by at least some states. Federal regulatory bodies, such as the FDA and FTC are trying, within the limits of their statutory authority, to protect what they perceive to be the interests of the public. Yet, they come at the problem through conventional, rather than alternative, eyes. Conventional law is based upon protecting the public from purveyors of the proverbial "snake oil" frauds. And to an extent this law is being used to keep out alternatives to the established health-care modalities. This seminar studies the tensions, legal, economic, and social, of this struggle as it unfolds. This seminar covers several areas of law including administrative law, medical malpractice, informed consent, FDA/FTC law, among others. A paper meeting the upperclass legal writing requirement is required.

LAW 2090 v00 American Legal Discourse

LL.M Seminar | 1 credit hour

Introduces students to U.S. legal resources, research methods, and analytical paradigms. Writing assignments give students the opportunity to develop written analysis using the approaches, forms, and conventions common in U.S. law.

Note: This Class is Restricted to Students Enrolled in the Two-Year LL.M. with Certificate in Legal English. This course is graded on an honors-pass-fail basis.

LAW 1107 v00 Analytical Methods

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

Lawyers in every type of practice (corporate, litigation, government, public interest, etc.) routinely deal with problems that require a basic understanding of concepts and methods from economics and statistics. This course provides an introduction to these subjects and their application and relevance to law and legal practice. Topics covered include decision analysis, game theory, probability theory, and statistics. Grades will be based on class participation, a graded problem set, and a final examination. No prior background in economics or statistics is required; however, we will regularly use elementary algebra and geometry. Students with strong backgrounds in economics, mathematics, or statistics should consult with the professor before enrolling in the course.

LAW 1201 v00 Analyzing Empirical Research for Lawyers

J.D. Seminar (cross-listed) | 2 credit hours

Litigators often are confronted with expert witness testimony on both the methods and findings of scientific research. In court, plaintiffs and defendants proffer conflicting scientific evidence; the prevailing party is often the one that can successfully defend the research it presents while debunking its opponent’s studies. Lawyers thus need to critically evaluate the validity of scientific research, but the knowledge required for this task is not often taught in law schools or readily acquired in practice. Additionally, most research methods courses offered in educational institutions focus on how to conduct original research rather than on how to critique another party’s research. This class is designed to develop students’ knowledge of the strengths and weaknesses of commonly employed research designs in the social sciences, with an eye toward understanding how to spot misrepresented research designs and findings. Understanding the strengths and limitations of scientific research methods will enable students to become more effective as litigators. Prior knowledge of statistics and/or research methods is not required.

LAW 3025 v00 Anthropology, Global Health, and the Law

LL.M Seminar (cross-listed) | 1 credit hour

Globalization has inevitably forced lawyers, public health professionals, health care professionals, and anthropologists alike to rethink the traditional approaches and methods relied upon within their disciplines. As international borders continue to disappear and countries and people throughout the world become increasingly interconnected and interdependent, public health threats can easily become global in scale and can only be properly addressed through multidisciplinary efforts at global, national, and local levels. Time and time again, the implementation of sound public health measures has proven difficult in communities when local culture and ideology are not considered or properly understood. As governments and international organizations increasingly rely on the law as a fundamental tool for solving critical health problems, it is of the utmost importance that the laws and regulations that they adopt with the aim of protecting and advancing population health, as well as their implementation, properly reflect the social and cultural context of those affected.

Through the analysis of case studies from various areas of global health (including non-communicable diseases, infectious diseases, climate change and health, and gender and health), this course aims to underscore the importance both of incorporating anthropological methods into the practice of global health law and of utilizing a multidisciplinary approach when addressing global health challenges.

Recommended: Prior enrollment in Global Health Law and any coursework in public health, public health law, and cultural anthropology.

Note: This class will meet on the following Summer 2017 Wednesdays: 6/21, 6/28, 7/5, 7/12, and 7/19.

LAW 038 v02 Antitrust Economics and Law

J.D. Course (cross-listed) | 4 credit hours

This course covers the major federal legislation and doctrine in the field of antitrust law with a primary focus upon governmental efforts to promote competition. Emphasis is placed upon the growing role of economic analysis and trends in judicial interpretation relating to the coordination, monopolies, mergers and joint ventures, as well as evolving legal standards, including the role of decision theory in setting legal standards.

This version of basic antitrust places greater emphasis on the tools of economic analysis that have taken on growing importance in antitrust as well as controversies between Chicago School and post-Chicago economic approaches. There is no economics prerequisite. The necessary economic tools will be developed in the course. Students should be prepared to master economic as well as legal materials. There will be written assignments that must be submitted for each class. Attendance is also required.

Recommended: Some economics background is helpful, but not required.

Mutually Excluded Courses: Students may not receive credit for both this course and Antitrust Law.

Note: Laptops may not be used during class sessions.

LAW 038 v01 Antitrust Law

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

This course covers the major federal legislation in the field of antitrust law, with a primary focus upon governmental efforts to promote competition, including Sections 1 and 2 of the Sherman Act, and Section 7 of the Clayton Act. Emphasis is placed upon the growing role of economic analysis and other modern trends in judicial interpretation, with an emphasis on understanding the means by which courts determine whether unilateral and collaborative business conduct is pro-competitive or anticompetitive, regardless of the particular statutory provision at issue.

Mutually Excluded Courses: Students may not receive credit for both this course and Antitrust Economics and Law.

LAW 038 v50 Antitrust Law

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

This course covers the major federal antitrust statutes and related federal agency guidelines, with a primary focus on government efforts to protect and promote competition through the Sherman Act, the Clayton Act, and Section 5 of the Federal Trade Commission Act. Emphasis is placed on the growing use of economic analysis and other modern trends in judicial interpretation of these statutes, and on recent case law addressing vertical and horizontal restraints, monopolization, and mergers.

Mutually Excluded Courses: Students may not receive credit for both this course and Antitrust Economics and Law.

LAW 1396 v00 Antitrust Law Seminar: Case Development and Litigation Strategy

J.D. Seminar (cross-listed) | 2 credit hours

This course explores the process of raising and defending against antitrust challenges. Through a series of contemporary case studies, we will examine the resolution of antitrust disputes, focusing on the substantive strategies and procedural tools available to the litigants. In the context of these case studies, we will discuss criminal indictments, plea agreements and the DOJ's leniency policy, sufficiency of pleading, presumptions and burdens of proof, rules of evidence (including the use of expert evidence), dispositive pretrial motions, class actions and class action settlement strategies, temporary restraining orders and preliminary injunctions, treble damage judgments, interlocutory and final appeals, and Supreme Court review. There will be no exam, but a paper will be required.

Prerequisite: Antitrust Law or Antitrust Economics and Law.

LAW 3051 v00 Arbitration in Latin America

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

Commercial and investment arbitration have gained increasing importance in Latin America. The last decade has seen, on the one hand, substantial amendments in the arbitration laws of the region and, on the other, an increase in the claims by investors under bilateral investment treaties and free trade agreements. But is there a Latin American arbitration? Is there a common approach to arbitration by the different countries in the region? Have the countries in the region simply adopted international standards and rules, or is there a Latin American contribution to the development of arbitration? Is there a Latin American way of conducting arbitration or rather an increasing adoption of practices and rules more akin to common law traditions? How can lawyers trained in the common-law tradition work in arbitrations subject to the laws of Latin American countries and located in Latin American venues? What have been the effects of the so-called “constitutionalization” of arbitration? Is there a uniform approach of Latin American countries to arbitration under investment treaties? Is there a trend to expand the relevance of local law in investment claims and to insist in the Calvo doctrine? Do human rights or rights of indigenous communities play a role in investment disputes? Where is the debate as to whether the existing investment treaties and the arbitration rules reflect the dominant interests of capital-exporting nations? What have been the defense strategies of Latin American states?

The mere definition of what is Latin America presents a challenge to both lawyers and historicists. This course will explore, with a brief introduction as to the historical differences and common grounds between the countries in the region, the responses to the different questions that arise in a region where the approach to arbitration swings from the magic solution to reduce work overload in courts to a public enemy that should be eliminated.

Prerequisite: Prior or concurrent enrollment in an introductory international arbitration course.

Note: A student will be permitted to drop a course that meets for the first time after the add/drop period, without a transcript notation, if a student submits a written request to the Office of the Registrar prior to the start of the second class meeting. Withdrawals are permitted up until the last class for this specific course.

LAW 047 v00 Art and Cultural Property Law Seminar: Indiana Jones and the Elgin Marbles

J.D. Seminar (cross-listed) | 2 credit hours

This seminar will consider the law, public policy and proper practices in connection with the movements of antiquities around the world. U.S. museums are the best in the world at displaying, preserving and examining art objects. But many of those objects have been brought to the United States in the last two hundred years from foreign nations who now want them to be repatriated, claiming they are an essential part of their national heritage. This is precisely the situation in the well-publicized case of the Elgin Marbles, which were brought to England early in the 19th century from Athens pursuant to an agreement between Lord Elgin and the then-occupying Turkish military rulers of Greece. What legal and moral rights are possessed by the Greeks who want these objects back and the British who want to retain them? Broadly, who owns culture -- the world at large or the political state where an object might have been found? To what extent is looting an endemic problem simply because there is a market in the United States and other Western nations for cultural objects and antiquities? We will review many legal and policy aspects of these questions: international treaties, U.S. law establishing a broad public policy for the import of antiquities, the role of the U.S. criminal law, and foreign systems of controlling exports of antiquities. The seminar will include a careful analysis of the text and impact of international conventions, U.S. statutes, and key legal decisions bearing on these issues. We will get a first hand view of museums and foreign nations urging repatriation. The class discussion will kick off with a contemporary case study: the looting of the Baghdad Museum in the early days of the Iraqi War. We were involved in warning the Defense and State Departments of these risks before the invasion, but these warnings were disregarded. There will be no written exam; however, a thoughtful research paper will be required and students are expected to participate in class discussions and to give a presentation, which will have a bearing on the final grade.

Recommended: An undergraduate background in art history, museum studies, or archeology or anthropology would be relevant, but not essential.

Mutually Excluded Courses: Students may not receive credit for this course and Art, Artifacts and Cultural Property Seminar.

Note: Attendance at all class sessions is required, except with prior permission of the professor. All enrolled and waitlisted students must attend the first class to remain enrolled or to be enrolled.

LAW 1329 v00 Art Law Seminar: Images, Objects, and Culture

J.D. Seminar (cross-listed) | 2-3 credit hours

This course will examine major intersections of law and art in the United States, focusing on cases and legislation in light of social, political, and art historical influences. We will consider questions implicated by art law’s myriad incarnations, such as why art receives special legal treatment, how law defines art, and who benefits. Ongoing themes will be the dissonances of existing law with twenty-first century culture and digital technology, and new developments. Areas include freedom of expression, copyright, moral rights, authenticity, the right of publicity, authorship, museums, and the art market, with visits by outside speakers on selected topics.

All students taking the course will be expected to develop original papers reflecting substantial critical engagement with an art law topic of their choice, in satisfaction of the Upperclass Legal Writing Requirement for J.D. students. Participation will also play a significant role in the course, including discussion of assigned readings and short reflection pieces. Classroom time in the latter part of the semester will be devoted to student presentations and feedback.

Learning goals for the course:

Developing skills in critical analysis and scholarly writing; developing proficiency in a body of law and relevant policy concerns; expanding knowledge of doctrinal analysis through close reading of cases, legislation, and related authorities, along with the influences of cultural and historical context.

Recommended: Prior course work in copyright law.

Note: THIS COURSE REQUIRES PROFESSOR PERMISSION TO ENROLL. Please submit a brief statement of interest in the seminar by 5:00 pm on Monday, June 4, 2018, to Professor Bonneau (sonya.bonneau@georgetown.edu). Art-related background is not required but may be included in the statement. Professor Bonneau is making her decisions and filling the open slots in the seminar on a rolling basis.

LAW 1266 v00 Art, Artifacts and Cultural Property Seminar

J.D. Seminar | 3 credit hours

Students in this seminar will explore many facets of art and cultural property law, with an emphasis on international and comparative approaches. The course will begin with a comparison of the varying legal definitions of “cultural property” and an examination of the tension between the concepts of “cultural nationalism” and “cultural internationalism.” From this starting point, students will study several international legal regimes, including the World Cultural Heritage program, international law governing the protection of cultural property during armed conflict, and the legal regime designed to curb the international illicit trade in cultural artifacts. Students also will study the arguments undergirding repatriation and restitution debates, from the centuries-old controversies surrounding the Parthenon Marbles and Napoleonic confiscations to recent efforts to resolve World War II-era cultural property restitution claims on both legal and moral bases. Additional topics will include the protection of underwater cultural heritage (including The Titanic cases), protection of indigenous cultural property, anti-seizure regimes for international art loans, and the moral rights of artists to prevent the destruction of their work. Each student must produce a well-researched paper of at least 6000 words, not including footnotes, on a contemporary cultural property law topic that is selected by the student and approved by the instructor.


This class satisfies the Upper Class Legal Writing Requirement.

Mutually Excluded Courses: Students may not receive credit for this course and Art and Cultural Property Law Seminar: Indiana Jones and the Elgin Marbles.

LAW 1628 v00 Artificial Intelligence, Robotics, and the Law: A Comparative Analysis Between the EU and the U.S.

J.D. Seminar (cross-listed) | 1 credit hour

The increasing role of technology in humanity raises constant major challenges to law in a variety of moral, theoretical and doctrinal dimensions. The purpose of this course is to analyze current developments in the fields of Artificial Intelligence ('AI') and robotics through the prism of legal regulation and/or vice versa (analyzing legal regulation through the prism of AI and robotics). Along with discussing the interface of law and technology through a variety of critical theoretical perspectives, the course will focus on specific topics and case studies as “laboratories” for assessing contemporary approaches to law & technology. The topics to be discussed include a new generation of AI crimes, risk regulation in the fields of autonomous vehicles and data protection, up to the current debate on the legal personhood of robots and AI systems.The main objective of this course is to make students aware of the connections between technology and the legal environment and keep them up-to-date with the current discussions worldwide. It is a unique opportunity to further develop technical knowledge on state-of-the-art topics, such as machine learning, neural networks, and 'black boxes.'

The course is worth 1 credit.

Students will write a paper of 2,500-3,000 words, excluding footnotes. This final paper will consist of a case study along the lines of the main topics discussed and analyzed during the course.

Note: WEEK ONE COURSE. This seminar will meet for one week only, on the following days: Monday, January 7, 2019, through Friday, January 11, 2019, 9:00 a.m. - 11:35 a.m. This course is mandatory pass/fail and will not count toward the 7 credit pass/fail limit for J.D. students.

Attendance at all class sessions is mandatory and all enrolled students must attend the first class in order to remain enrolled. Students on the wait list must attend the first class in order to be admitted off the wait list. Enrolled students will have until the beginning of the second class session to request a drop by contacting the Office of the Registrar. Once the second class session begins, students may only seek a withdrawal by contacting an academic advisor in the Office of JD Academic Services. Withdrawals are permitted up until the last class for this specific course.

LAW 030 v00 Asian Law and Policy Studies Seminar

J.D. Seminar (cross-listed) | 3 credit hours

This is a research seminar in which students will present their current research on Asian law and policy at the end of seminar classes where we consider the various areas of law and development which have led to the economic dynamism of the Asia-Pacific region. The impact of the Asia-Pacific region on the world market and global economic activity is substantial and continues to grow. In addition, the conspicuous success and some spectacular failures of Asian nations in legal and economic development have prompted suggestions that the experience of these nations may provide models (both positive and negative) for other developing countries and regions. The seminar will explore--in connection with the role of law and legal institutions--the interaction of social change, economic growth, and legal development in East and Southeast Asia. Specific topics will depend on the research interests of the participants, but will include capital formation, financial regulation, transnational trade and investment, intellectual property, land reform, environmental protection, worker protection, human rights, and similar private and public law issues. The first few classes will introduce elements of development economics relevant to law and development.


Each student will also prepare a substantial academic work of publishable quality and present a 20-30 minute precis of it to the seminar. The student papers are expected to meet or preferably to exceed the requirements of the typical research paper in scope, depth, and quality. Guest speakers may present some classes separately or together with the instructor.

Recommended: Comparative Law (or the equivalent Comparative Law: Legal Systems in Transition) or any course in Asian law.

LAW 2028 v01 Assisted Reproductive Technologies and the Law

LL.M Seminar (cross-listed) | 2-3 credit hours

This 2 or 3 credit seminar will provide an overview of the underlying and competing laws and policies arising from the assisted reproductive technologies (ARTs) that continually make front page news. Since the 1980 opening of the country’s 1st IVF clinic amidst protests and pickets, courts and legislatures have struggled to create laws and policies in response to continually evolving reproductive advances. Topics will include: the legal status of the IVF embryo in the context of procreative rights; embryo cryopreservation, storage, disposition and mix-ups; legal implications of advances in egg freezing, reproductive genetics and oncofertility; posthumous reproduction; egg and sperm donation; traditional and gestational surrogacy; unique issues for single and same-sex couples, including the rapidly changing impact of same-sex marriage; and professional standards, economic and regulatory aspects of the ARTs.

Three national experts in their respective fields will provide guest lectures on: medical advances in ART (including a field trip to a locally based national IVF clinic); psychosocial aspects of donor egg and 3rd party ART; and regulation and public relations for ART providers.

Note: This seminar requires a paper. J.D. students must register for the 3 credit section of the seminar if they wish to write a paper fulfilling the Upperclass Legal Writing Requirement for JD students. The paper requirements of the 2 credit section will not fulfill the Upperclass Legal Writing Requirement for JD students.

LAW 050 v00 Aviation Law

J.D. Course (cross-listed) | 2 credit hours

This course encompasses most aspects of air transportation, including airport and air traffic control liability, air carrier liability in the carriage of passengers and cargo domestically as well as internationally under the Montreal Convention and economic and safety regulation of domestic and international air transportation. The course also includes contributions by practitioners in the field.

LAW 050 v01 Aviation Law

J.D. Course (cross-listed) | 2 credit hours

The course, taught by practitioners in the field, covers contemporary and cutting-edge aviation topics such as international commercial aviation, aviation security, and the integration of unmanned aircraft systems (i.e., drones) into the national airspace. The course material will encompass most aspects of aviation law, including the law of international civil aviation, the economic and safety regulation of air transportation, aircraft registration and certification, aircraft accidents, airport law, government immunity from tort liability, and airline liability for the carriage of passengers and cargo domestically and internationally under the Montreal Convention.

LAW 054 v01 Bankruptcy and Creditors' Rights

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

This course is a general introduction to bankruptcy law. The course begins with a brief analysis of various state laws that relate to or are directly incorporated into the bankruptcy law. Judicial and statutory liens, execution, garnishment, debtors' exemptions, and fraudulent conveyances are reviewed. The course then moves to a consideration of the Bankruptcy Code. Topics include: initiation of bankruptcy proceedings; the automatic stay; property of the bankruptcy estate; the trustee's avoiding powers, including preferential transfers and fraudulent conveyances; secured, priority, and unsecured creditors' rights; debtors' exemption rights; the discharge of debt; liquidation under Chapter 7; and rehabilitation plans under Chapters 11 and 13.

Recommended: Prior or concurrent enrollment in one of the following courses: Commercial Law: Secured Transactions; Commercial Law: Secured Transactions and Payment Systems.

Mutually Excluded Courses: Students may not receive credit for this course and Bankruptcy or Financial Restructuring and Bankruptcy.

LAW 2086 v00 Basic Accounting for Lawyers

LL.M Course (cross-listed) | 2 credit hours

This is a basic course for students with NO accounting background or experience. A student will learn what an asset and a liability are, what the basic financial statements are, how financial statements are developed from the underlying accounting information of a company, and how the basic transactions of a business affect each line item of each financial statement. Students will learn how to understand the basics as it relates to the balance sheet, income statement, and statement of cash flows. Methods will include reading and text exercises, class lectures, and case exercises. Grading may be based on a final examination.

Mutually Excluded Courses: Students may not receive credit for both this course and Accounting for Lawyers or Introduction to Accounting. Students MAY receive credit for this course and Demystifying Finance: A Short Course for Law Students and Business Basics for Lawyers and Business and Financial Basics for Lawyers.

LAW 3015 v00 Basic Principles of Finance

LL.M Course | 0 credit hours

This zero-credit pass/fail course is designed to provide students with an understanding of the basic principles of finance and accounting in order to enhance their study of tax or business law. The course is intended to provide students with little or no prior background in finance and accounting with an introduction to the core concepts, the essential vocabulary, and the basic tools of these two subject areas. The course is designed to equip students with a basic primer of topics relevant to a range of business law courses. Accordingly, it covers subjects such as the time value of money, the distinction between debt and equity, the role of risk in valuing financial assets, and how assets and liabilities are described in accounting materials such as balance sheets and income statements.

Mutually Excluded Courses: Students may not receive credit for this course and the J.D. course Demystifying Finance.

Note: ALL STUDENTS REGISTER FOR CRN#: 35250. This course is open on a distance basis to all students, however resident LL.M. students are encouraged to attend class in person.

LAW 104 v04 Behavioral Law and Economics Seminar

J.D. Seminar (cross-listed) | 2-3 credit hours

Humans are imperfect. They misperceive facts, lack willpower, don't know what makes themselves happy, take mental shortcuts, get impatient, can't do math. Should these facts matter for the design of legal systems? For example, should the law protect mistaken consumers, or would doing so only discourage buyers from learning to overcome their shortcomings? This seminar explores these questions in a number of legal contexts, including not only consumer protection but also criminal law, public finance, administrative law, corporate law, and others. We will begin with a brief review of basic economic concepts such as utility, supply & demand, expected value, and rational choice under uncertainty.

Each subsequent unit of theory will be paired with a practical policy issue, allowing us to learn and apply the theory in a concrete context. Topics include the phenomena of “satisficing,” impatience, salience, loss aversion, over-confidence, cognitive dissonance, and adaptive preferences, as well as the more general debate over government “paternalism.” Students will write weekly responses and research paper.

LAW 104 v01 Behavioral Law and Economics: An Introduction

J.D. Course (cross-listed) | 1 credit hour

The economic analysis of law has predominated much of legal analysis for the past few decades. Within this framework, rational choice theory has taken central stage as the key model used in order to predict human behavior. In recent years, however, researchers both in economics and in psychology have demonstrated that people systematically deviate from the predictions set forth by the rational choice model. The goal of this course is to incorporate these findings into legal analysis. In doing so we will first examine traditional economic analysis of law, and then explore how the conclusions of this analysis are altered when behavioral insights are incorporated into it.


Topics that will be discussed in the class include: contract law and contracting, tort law, litigation and settlement negotiations, and the behavior of judges and jurors.

Note: In Spring 2017 this course will meet on Mondays and Wednesdays and one Friday, 9:00 am - 11:00 am on the following dates: 4/3, 4/5, 4/7, 4/10, 4/12, 4/17, and 4/19.

LAW 3026 v00 Beyond the IPO: Exempt Securities Offerings

LL.M Seminar (cross-listed) | 2 credit hours

The course offers an in-depth study, both from the regulator’s and private practitioner’s perspectives, of frequently invoked exemptions from the registration requirements of the Securities Act of 1933 that otherwise apply to offerings of securities.

Students successfully completing this course will be positioned to analyze whether a particular transaction exemption under the Securities Act is available and, if so, how to maximize its protections.  The course will emphasize the “nuts-and-bolts” of the transaction exemptions as well as the circumstances and motivations under which the exemptions are sought and claimed.  The major topics to be taught will include the Section 4(a)(2) private offering exemption and the Rule 506(b) safe harbor thereunder, Securities Act Rule 144, Regulation Crowdfunding, and Regulation A.  The course will also cover topical developments such as recent efforts to use transaction exemptions for initial coin offerings (ICOs).  In that most securities transactions take place pursuant to an exemption, this course will provide an opportunity for students to analyze and structure securities transactions and will heighten their understanding of an evolving area of securities law.

Prerequisite: Prior or concurrent enrollment in Securities Regulation.

Note: DISTANCE STUDENTS REGISTER FOR CRN#: 35248. This course is open to both on campus and distance students. However, only students enrolled in the Executive LL.M. in Taxation, the Executive LL.M. in Securities & Financial Regulation, and the MSL programs may take this course on a distance basis. All J.D. students and resident LL.M. students may not enroll in this course on a distance basis.

LAW 284 v01 Bioethics and the Law Seminar

J.D. Seminar (cross-listed) | 3 credit hours

This seminar investigates legal, ethical, and social problems raised by developments in health, medicine and the biological sciences through the study of selected subjects that vary from year to year. Issues covered might include death and dying, genomics, reproductive technologies, fetal treatment and research, experimentation with human subjects, and societal controls on scientific advances.

LAW 3038 v00 Biosecurity and the Law

LL.M Seminar (cross-listed) | 2 credit hours

This course is designed to provide students an understanding of current and emerging issues concerning biosecurity and relevant law. Recent global acts of terrorism coupled with sophisticated advances in biotechnology present a host of complex issues driving biosecurity analysis and discussion. We will examine both the history and current state of bioterrorism threats with an emphasis on the legal and ethical challenges as we "sort out" best methods for moving forward. Our analysis will explore the recent Zika and Ebola threats as well as the threats posed by prior H1N1, SARS, anthrax, smallpox, SARIN, Ricin, and even the possibilities stemming from genetically engineered once thought "dead" bio-threats. Our method of instruction will focus on significant legal challenges each week. We will however, use past examples of quarantine and cordon sanitaire applications to instruct as how best to legally address future possible pandemics. Within our course exercises, students will be assigned healthcare and legal roles in order to gain insight as to management of a true healthcare crisis. Guest speakers with knowledge of crisis management will be invited to share personal experiences and advice concerning future pandemics. We will also examine recent legislation, both domestic and international, with a view toward a better understanding of the complex challenges within biosecurity.

LAW 056 v00 Biotechnology and Patent Law Seminar

J.D. Seminar (cross-listed) | 2-3 credit hours

This course examines a variety of legal and policy issues associated with the intellectual property protection available to biotechnological innovations, with an emphasis on patents.

Specific issues that will be examined within this framework include legal utility; conception and reduction-to-practice of biological molecules; anticipation and obviousness of nucleic acids; written description and enablement requirements for biological processes and molecules; experimental use; export and import issues; infringement; and potentially developments outside the US.

Course readings rely primarily on cases, statutes, and regulations. A biotechnology background is not necessary.

Prerequisite: Patent Law or patent law experience.

Note: J.D. students must register for the three-credit section of the course if they wish to write a paper fulfilling the J.D. Upperclass Legal Writing Requirement. A take home exam is required for the two-credit section.

LAW 1431 v00 Black Lives Matter and the Law

J.D. Seminar (cross-listed) | 3 credit hours

This course will explore the “Black Lives Matter” movement as a nascent social movement for racial justice. In addition to understanding BLM’s fundamental concepts and arguments, students will emerge from this class with a clear understanding of the historical context of the movement, the role that the lawyers and the law have played in the movement thus far, and the place of the law in the movement as it continues. In analyzing the key moments in the BLM movement over the past two years, the course will focus on the history, theory, and practice of racial justice advocacy in the United States, the key cases and responses that have emerged since the Ferguson moment, and the role of lawyers and law students in policy and police reform, litigation, and forms of rebellious lawyering for social change.

LAW 1175 v01 Borders and Banishment Seminar

J.D. Seminar (cross-listed) | 2-3 credit hours

This course explores practices of border fortification, incarceration, criminal law enforcement, and immigration policing. Migration and incarceration—borders and banishment—present some of the most pressing legal and moral controversies in contemporary public life. Over the past two decades, criminal-immigration matters have become the most commonly prosecuted federal crimes; populations in prison, jail and immigration detention have dramatically increased; and though major proposed immigration reforms are stymied in Congress, pressures for reform in both the immigration and criminal contexts continue to mount.

The course will begin by considering the historical, social psychological, and legal foundations of border fortification and banishment practices. Then, attention will turn to some of the crises that pervade border enforcement, policing, and incarceration settings—from the presence of millions of people in the United States without legal status, to the explosion in criminal and immigration detention, police violence, and the widespread problem of sexual assault and prison rape. Reformist alternatives to the status quo in immigration and criminal legal processes will be considered, including through examination of social movement projects, prisoner advocacy, and public interest practice settings focused on relevant reform. Course readings and discussion will center on proposed criminal and immigration law reform and more far-reaching alternatives to borders and banishment. The course will conclude by investigating various abolitionist efforts to think and work beyond borders and banishment. Students will reflect in class and in writing on the various components of the course in relation to their own interests.

There are no prerequisites. All students are welcome.

Recommended: Criminal Justice, Criminal Law, Immigration Law.

Note: THIS COURSE REQUIRES PROFESSOR PERMISSION TO ENROLL. Please email Professor Allegra McLeod (mcleod@law.georgetown.edu) and Roger Bourcicot (rb1372@law.georgetown.edu) by 5:00 pm on Monday, June 4, 2018 expressing your interest in taking the seminar. Please include whether you want to take the course for 2 or 3 credits.

FIRST AND SECOND CLASS ATTENDANCE IS MANDATORY. All enrolled and waitlisted students must be in attendance at the first and second class sessions in order to be eligible for a seat in the class.

This seminar requires a paper. J.D. students must register for the 3 credit section of the seminar if they wish to write a paper fulfilling the Upperclass Legal Writing Requirement. The paper requirements of the 2 credit section will not fulfill the J.D. Upperclass Legal Writing Requirement.

LAW 1427 v01 Brexit and the Law Seminar

J.D. Seminar (cross-listed) | 2-3 credit hours

This two-credit seminar (or three credits if writing intensive) is designed to give students an opportunity to explore and research the many legal issues raised by Brexit, along with an opportunity to write a potentially publishable paper.  Each student will select a Brexit-related topic on which to focus their paper and will receive assistance in the research and writing process.  Seminar sessions will examine trade and investment law raised by the Brexit vote by the United Kingdom (UK) to withdraw from the European Union (EU).  The course will explore the legal consequences of Brexit, including the possible future legal relationships between the UK and the European Union; between the UK and the WTO; and between the UK and third parties, including the United States.   The course will also focus on the current and on-going negotiations between the EU and the UK over the impending withdrawal agreement, with a focus on the negotiating objectives and mandates for each side and the options for achieving a mutually agreed resolution.  In addition, the course hopes to foster an understanding of the way in which EU law has come in to the UK and what of that EU law is likely to remain in the wake of the UK’s “Great Repeal Bill.”

Note: J.D. students must register for the 3 credit section of the seminar if they wish to write a paper fulfilling the J.D. Upperclass Legal Writing Requirement. The paper requirements of the two-credit section will not fulfill the J.D. Upperclass Legal Writing Requirement.

LAW 1468 v00 Business and Financial Basics for Lawyers

J.D. Course (cross-listed) | 2 credit hours

This course covers basic business concepts that are useful across many areas of legal practice. First, it introduces financial accounting, with a focus on understanding and using financial statements. Second, it deals with core financial concepts, such as the time value of money, risk versus return, and methods for valuing assets. Third, the course discusses the basic categories of financial instruments: debt, equity, and derivatives. Although these topics all inevitably involve numbers, mathematical complexity is kept to a minimum. Much of the reading consists of excerpts from case law, which illustrate business concepts and their relation to legal practice.

Mutually Excluded Courses: Students may not receive credit for this course and Demystifying Finance: A Short Course for Law Students or Business Basics for Lawyers.

Note: This course is mandatory pass/fail and will not count toward the 7 credit pass/fail limit for J.D. students.

LAW 058 v03 Business Planning Seminar

J.D. Seminar (cross-listed) | 3-4 credit hours

This seminar integrates issues of corporate, securities and tax law using a problem approach in the context of business planning and counseling. Several problem situations involving common business transactions are examined extensively. Some of the problems considered may include: (i) incorporating a sole proprietorship or professional practice; (ii) analyzing financial statements; (iii) raising private capital for a new business venture; (iv) planning for an initial public offering of securities; and (v) planning corporate turnarounds. Students learn and utilize negotiation skills involved in the purchase/sale of a business venture. From time to time, students are required to submit memoranda on certain aspects of the problems under consideration. On occasion, students will work together in small groups, and at other times may be responsible for individual work. Students will be expected to perform work similar to attorneys in private practice. The written work is in lieu of an examination.

Prerequisite: Corporations; Federal Income Taxation (formerly Taxation I).

Strongly Recommended: Securities Regulation. Students who wish to take this seminar should make every effort to fulfill the prerequisites in their second year of the full-time program or third year of the part-time program.

Mutually Excluded Courses: Students may not receive credit for this seminar and International Tax and Business Planning Workshop or Corporate Transactions: Negotiating the Deal and Drafting the Documents.

LAW 1037 v00 Catholic Social Thought and Economic Justice

J.D. Seminar (cross-listed) | 2 credit hours

The core readings for this course are a series of papal “encyclicals”—analyses which summarize Catholic teaching regarding the social and economic order, from 1891 to 2009, and commentaries on these documents which draw connections and pose questions about legal categories and structures. The materials in the first three weeks aim to help students understand and thoughtfully engage the philosophical underpinnings and core concepts of Catholic social thought. In the following weeks, the readings explore consider how the Catholic social thought system has been applied to specific areas of economic justice with a particular focus on legal structures and practice.


This seminar requires a series of short reflection and reaction papers which aim to facilitate thoughtful student participation in seminar discussions throughout the course. The final paper is not a research project, but a short engagement (about 8 pages) with a particular set of issues arising from across the range of topics covered in the course. This course does not satisfy the JD Upper Level Writing Requirement.

LAW 1037 v01 Catholic Social Thought and the Law Seminar: The Work of Pope Francis

J.D. Seminar (cross-listed) | 2 credit hours

This course aims to help students develop critical skills to identify the ways in which varying frameworks, including those informed by personal and religious values, might shape perceptions of law. The focus will be on Catholic social thought, a corpus of theological and philosophical reflection on the social and economic order dating back to 1891; with a particular focus on the recent commentary of Pope Francis. The materials in the first three weeks aim to help students understand and thoughtfully engage the philosophical underpinnings and core concepts of Catholic social thought. The next two blocks focus on the topics to which Pope Francis has devoted the most extensive attention (thus far)—the alleviation of poverty and care for the environment. The last block takes up the commentary on specific themes, including the exercise of “soft power” in global politics; how reflections might inform discussion of marriage and family law; and other bioethics questions.


This seminar requires a series of short reflection and reaction papers which aim to facilitate thoughtful student participation in seminar discussions throughout the course. The final paper is not a research project, but a short engagement (about 8 pages) with a particular set of issues arising from across the range of topics covered in the course. This course does not satisfy the JD Upper Level Writing Requirement.

LAW 3022 v00 Challenges in National Security Law: A Seminar for Mid-Career LLMs

LL.M Seminar | 2 credit hours

This course is intended to introduce mid-career LLM attorneys to the substance, process, and practice of national security law at the national level. Thus, it mimics the structure of the longer three-credit “Managing National Security” course in structure, but defers in two important ways. First, it focuses on legal policy at the national level, e.g., instead of considering the law of armed conflict at a tactical level and strategic level, the focus is on how Presidents make use of force decisions. Second, it assumes mid-career knowledge of the law. Thus, there is less survey of the material and substantive law and more discussion of contemporary issues and challenges, geared toward preparing mid-career lawyers to meet the substantive and ethical challenges of senior billets. In this way, the classroom will almost be "flipped."


Requirements: The grade will be based on class participation (50%) and a 10-20 page paper (50%) addressing a procedural or legal issue of national security importance. In addition, students will be required to meet at least once with the professor to discuss their career path and goals.

Prerequisite: The seminar is limited to LLM students who have practiced or will practice in the field of national security law, e.g., judge advocates, USG attorneys, NGO attorneys. Thus, while there are no course perquisites per se, a mid-career knowledge of law and process is assumed.

Mutually Excluded Courses: Mutually Excluded Course: Students may not receive credit for both this course and Managing National Security.

Note: Please contact the professor for permission to enroll in the course.

LAW 059 v00 Chinese Law Seminar

J.D. Seminar (cross-listed) | 3 credit hours

This seminar is intended to provide a general introduction to the nature and function of law in the People's Republic of China (PRC) and to Chinese attitudes toward selected international legal questions. Topics considered include: substantive, procedural, and institutional aspects of criminal and civil law in the PRC; Chinese views on the nature and sources of international law and its role in international society as exemplified in theory and practice, with particular attention to Chinese attitudes toward human rights; and practical legal problems arising from commercial and diplomatic interaction between the U.S. and the PRC, such as foreign investment and contract negotiation, protection of intellectual property, and provisions under U.S. law for carrying on commercial relations with Taiwan and Hong Kong. These topics will be considered in the context of their historical and political backgrounds in an effort to illuminate continuities between traditional and contemporary Chinese legal institutions. Students are encouraged to compare the nature and role of law in the West and the PRC. The assigned reading consists chiefly of English language translations of primary Chinese source materials, including cases, statutes, contracts, treaties, trade agreements, and jurisprudential writings.

Recommended: Comparative Law.

LAW 379 v00 Commercial Law: Domestic and International Sales Transactions

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

Sales is an advanced course in contracts that builds upon the basic first-year offering and focuses on the planning and regulation of sales transactions under Article 2 of the Uniform Commercial Code. The course also covers international sales governed by the U.N. Convention on Contracts for the International Sales of Goods (CISG). Major topics include the methodology and scope of the UCC and CISG, allocating the risk of loss; warranties; breach; excuse for non-performance; warranty disclaimers and remedy limitations; rejection, revocation, and cure; anticipatory repudiation and the right to demand adequate assurances; and techniques of statutory analysis. Class discussions will analyze problems that deal with these topics.

Mutually Excluded Courses: Students may not receive credit for both this course and Commercial Law: Sales and Leases.

LAW 379 v01 Commercial Law: Sales and Leases

J.D. Course (cross-listed) | 2 credit hours

Sales and Leases is an advanced course in contracts that builds upon the basic first-year offering and focuses on the planning and regulation of sales and lease transactions under Articles 2 and 2A of the Uniform Commercial Code. The course also covers international sales governed by the U.N. Convention on Contracts for the International Sales of Goods (CISG). Major topics include the methodology and scope of the UCC and CISG, allocating the risk of loss; warranties; breach; excuse for non-performance; warranty disclaimers and remedy limitations; rejection, revocation, and cure; anticipatory repudiation and the right to demand adequate assurances; remedies; and techniques of statutory analysis. Class discussions be centered on problem sets that deal with these topics.

LAW 070 v00 Commercial Law: Secured Transactions and Payment Systems

J.D. Course (cross-listed) | 4 credit hours

This course is designed to introduce students to the methodology of Uniform Commercial Code analysis, with emphasis on the legal policies governing uniform state banking regulation of modern payment systems and secured financing of personal property. Topics include: evolution of the modern payment system; check issuance, collection and presentation; the rights and liabilities of the issuers and holders of checks and notes; the uses of credit and collateral in sales and loans; the establishment of priorities among security interests; and the rules governing default and insolvency. The course will examine the way legal rules structure and sanction the contemporary practices of financial institutions, manufacturers, and the dealers, sellers, and buyers of personal property.

Mutually Excluded Courses: Students may not receive credit for both this course and Commercial Finance; or Commercial Law: Secured Transactions; or Commercial Law: Payment Systems; or Commercial Law: Payment Systems and Financial Transactions.

LAW 200 v01 Communications Law: Law and Policy in the Internet Age

J.D. Seminar (cross-listed) | 2-3 credit hours

The advent of the Internet has spawned massive leaps in technology and the way Americans use communications services to reach that technology. This course examines how courts, legislatures, and regulatory agencies react to constant change in communications technologies. We will focus on specific technological advances to explore the way legal, economic, social, and technological forces shape and are harnessed by legal systems faced with challenges to the status quo. The course will draw on leading communications law cases, statutes, and FCC and FTC actions. Students will explore the legal and lobbying battles raging today in Washington and across the world that are fueled by technological change, in areas such as net neutrality, privacy, free speech and broadcast indecency, competition, and spectrum policy. We will try to focus in particular on questions currently before the courts, the FCC and Congress. The goal is to deepen each student's understanding of major communications law topics, to determine if a comparison of these topics reveals a set of common legal, policy, and political reactions to technological change, and to provide future policymakers with the tools to respond to change more effectively.

The class will meet for two hours once per week. Grades will be based on class participation (25%) and a final paper/oral presentation (75%). There are no course prerequisites. While students who have taken Communications Law and Policy will find it useful, we will cover the basic background on the law and policy needed to understand the issues addressed.

Learning Objectives:

  • Deepen each student's understanding of major communications policy topics in dispute.
  • Determine if a comparison of these topics reveals a set of common legal, policy, and political reactions to technological change.
  • Provide future policymakers with the tools to respond to change more effectively.
  • Provide insight to the role legal constraints play in policy debates and policy plays in legal challenges.
  • Improve oral and written advocacy skills through writing and presenting an advocacy white paper.

Note: This seminar requires a paper. J.D. students must register for the 3 credit section of the seminar if they wish to write a paper fulfilling the Upperclass Legal Writing Requirement. The paper requirements of the 2 credit section will not fulfill the J.D. Upperclass Legal Writing Requirement.

LAW 1333 v00 Comparative Civil Procedure

J.D. Course (cross-listed) | 1 credit hour

Many aspects of U.S. civil procedure are, from a comparative point of view, unique. Despite important common starting points, civil procedure in most civil law jurisdictions, but also in a number of common law jurisdictions, looks very different. Marked differences concern, inter alia, the role of the parties and the judge, the determination of the facts, evidentiary privileges, the structure of proceedings and the rule of costs. For any lawyer, it is important to know these differences and their background. Attorneys may not only have clients involved in litigation abroad, but also participate in arbitral proceedings with lawyers and arbitrators socialized in another jurisdiction. Legal advisers to the government may find evidence for the pros and cons of proposed amendments to the law of civil procedure in the procedural law of other States. Government officials as well as staff members of NGOs may negotiate with representatives of other countries on forms of a harmonization of civil procedure or on international conventions. And, last but not least, experts of international financial institutions like the World Bank or the International Monetary Fund may study the law of civil procedure of a borrowing country with the aim of proposing legal reform. For this reason, a course discussing common features and differences in the law of civil procedure could be an interesting supplement to the existing courses.

Prerequisite: J.D. students should have taken a basic course in Civil Procedure.

Note: In Fall 2015 this course will meet on the following dates: 9/17, 9/22, 9/24, 9/29, 10/1, 10/6 and 10/8.

Note: A student will be permitted to drop a course that meets for the first time after the add/drop period, without a transcript notation, if a student submits a written request to the Office of the Registrar prior to the start of the second class meeting. Withdrawals are permitted up until the last class for this specific course.

LAW 091 v11 Comparative Constitutional Law

J.D. Course (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.

Mutually Excluded Courses: Students may not receive credit for both this course and the Comparative Constitutional Law Seminar.

LAW 091 v09 Comparative Constitutional Law Seminar

J.D. Seminar | 3 credit hours

This seminar will cover a series of topics arising in the comparative study of constitutional systems, with a degree of focus upon the role and operation of constitutional courts. It will address fundamental questions such as the nature of a constitution, the foundations of judicial power, the forms of judicial review, the role of courts in different types of political systems, the institutional design of constitutional courts, and the evolution of constitutionalism on a global scale.

Mutually Excluded Courses: Students may not receive credit for both this seminar and the course Comparative Constitutional Law or the first-year elective, Comparative Constitutional Law or Comparative Constitutional Rights.

Note: This seminar requires a paper. J.D. students must register for the 3 credit section of the seminar if they wish to write a paper fulfilling the Upperclass Legal Writing Requirement. The paper requirements of the 2 credit section will not fulfill the J.D. Upperclass Legal Writing Requirement.

LAW 091 v10 Comparative Constitutional Law Seminar

J.D. Seminar (cross-listed) | 2-3 credit hours

How are constitutions created? What should we consider in designing a constitution? Can we have constitutions without constitutionalism? What is an authoritarian constitution? What influences constitutional revolutions and transitions? Is there such a thing as an unconstitutional constitutional amendment? Why have judicial review? How do judges interpret constitutions? Do courts protect rights guaranteed by their constitutions?

Comparative constitutional law has expanded exponentially in 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 seminar examines issues of constitutional structure and rights adjudication in comparative constitutional contexts around the globe, from Western liberal systems to fragile democracies. We will explore fundamental questions on constitutional design, constitutionalism, constitutional change, judicial review, and the role of courts and constitutional interpretation. Drawing on examples from diverse constitutional cultures, we will also examine the protection of constitutional rights—such as religious freedom and individual liberty—from a global perspective.

3 credit JD students will be required to write a paper that meets the JD upperclass legal writing requirement. Students taking this seminar for 2 credits will be required to submit a final paper (no draft is required) of 18-20 pages.

Mutually Excluded Courses: Students may not receive credit for both this course and the Comparative Constitutional Law course.

Note: This seminar requires a paper. J.D. students must register for the 3 credit section of the seminar if they wish to write a paper fulfilling the Upperclass Legal Writing Requirement. The paper requirements of the 2 credit section will not fulfill the J.D. Upperclass Legal Writing Requirement.

LAW 828 v01 Comparative Corporate Governance

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

The global financial crisis clearly demonstrated that poor corporate governance practices can have disastrous consequences not only for the companies and shareholders but also for the capital and financial market, and the economy as a whole. Good corporate governance, in turn, can help clearly distinguish the line between ownership and control of the company, balance the powers of shareholders, board members and other stakeholders, and ensure their accountability. As such, it is supposed to lead to better productivity and attract investment. Many countries around the world have already launched or are in the process of launching reforms leading to better corporate governance.

This class presents a comparative overview of Corporate Governance issues focusing on the US, the European Union member States legal systems and some Asian countries. It begins with a comprehensive introduction of the economic theories and a thorough analysis of the OECD Principles of corporate governance. Then, it compares the laws and practices in the United States and in such European Union member States as U.K., Germany and France. Examples from Asian countries will also be used to underline the difficulties for countries at different stages of economic and legal development to implement such rules. Topics covered will include rights and equitable treatment of shareholders, board selection and practices, Executive compensation, transparency and disclosure, corporate social responsibility. The class will mainly focus on listed companies.

The course aims at providing legal tools to improve corporate governance practices in listed companies and seeks to encourage the need for comparative law as a means of thinking about law in a globalized economy.

Prerequisite: Corporations.

Note: WEEK ONE COURSE. This course will meet for one week only on the following days: Monday, January 8, 2018 through Friday, January 12, 2018, 1:30 p.m. - 4:05 p.m.

This course is mandatory pass/fail and will not count toward the 7 credit pass/fail limit for J.D. students.

Attendance at all class sessions is mandatory and all enrolled students must attend the first class in order to remain enrolled. Students on the wait list must attend the first class in order to be admitted off the wait list. Enrolled students will have until the beginning of the second class session to request a drop by contacting the Office of the Registrar. Once the second class session begins, students may only seek a withdrawal by contacting their academic advisor in the Office of Graduate Programs. Withdrawals are permitted up until the last class for this specific course.

LAW 2066 v00 Comparative Legal Systems

LL.M Seminar | 2 credit hours

Note: Departmental permission to Enroll, please contact Kirsten Schaetzel with any questions at kas256@law.georgetown.edu. This Class is Restricted to Students Enrolled in the Extended LL.M. with Certificate in American Legal English. This course is graded on a pass/fail/honors basis.

LAW 1279 v00 Comparative Property Law: Focus on the US and Europe

J.D. Course (cross-listed) | 2 credit hours

The course examines the key differences between Property in the United States and continental Europe. Topics covered include land transactions, financing tools for real estate sales, boundary disputes, and land use control. A comparison with German and Spanish Property will illustrate the most important differences in these areas and discuss the reasons for diverging solutions to similar problems. The course will also familiarize students with the mindset of a codified legal system and invite critical thinking about the advantages and drawbacks of codified Property as opposed to a common law approach to Property.

Recommended: Property Law. Students who have not completed a course in U.S. Property Law should contact Professor Kunz (kunz@igr.uni-heidelberg.de) to discuss their interest in this course and other relevant course work or experience.

Note: This course will meet on the following Mondays and Wednesdays in Fall 2014: 9/3, 9/8, 9/10, 9/15, 9/17, 9/22, 9/24, 9/29, 10/1, 10/6, 10/8, 10/14 (Monday classes meet), 10/15, 10/20, 10/22, 10/27 and 10/29.

This course will not require a textbook, but will instead use a course reader with materials posted on TWEN.

LAW 2030 v01 Comparative Reproductive Technologies and "Reproductive Tourism"

LL.M Seminar | 2-3 credit hours

The use of reproductive technologies—and crossing national borders to obtain them—has become a burgeoning multi-billion dollar, international industry. While the desire to have children may be universal, legal protections and restrictions on access to reproductive technologies vary immensely from country to country, and often reflect conflicting cultural and religious values. This seminar will explore and compare a diverse number of legal systems’ approaches to selected reproductive technologies with a particular emphasis on the legal implications for “cross-border reproductive care” (“reproductive tourism”). Other topics will include: comparative access to and affordability of IVF, egg and sperm donation, and surrogacy; reprogenetics; treatment for same-sex couples; professional liability; and embryonic stem cell research (as it intersects with egg donation and the use of IVF embryos). Guest lectures will provide a medical and an ethical perspective to broaden an understanding of the legal and policy challenges in this unique field.

Note: This seminar requires a paper. J.D. students must register for the 3 credit section of the seminar if they wish to write a paper fulfilling the Upperclass Legal Writing Requirement for JD students. The paper requirements of the 2 credit section will not fulfill the Upperclass Legal Writing Requirement for JD students.

LAW 757 v01 Comparative Tax Law

LL.M Course (cross-listed) | 2 credit hours

Provides an introduction to the study of comparative tax law. The coverage is broad, touching on many countries and types of taxes, as well as the general legal framework for tax law and tax procedure. Emphasis is on the income tax and, to a lesser extent, value added tax. Focus is on underlying structural differences in legal systems, including constitutional issues, judicial interpretation of tax laws, judicial and legislative anti-avoidance doctrines, different approaches to defining income, alternative systems for taxing corporations and shareholders, and problem areas in the VAT (including international services and e-commerce). The student completing this course will have a basic understanding of how to approach foreign tax law, and tools to better understand the tax system in the student’s own country.

Prerequisite: Federal Income Taxation (formerly Taxation I) and prior or concurrent enrollment in either Corporate Taxation (formerly Taxation II) or Corporate Tax Law I.

Note: Withdrawals are permitted up until the last class for this specific course.

LAW 791 v00 Complex Derivative Transactions: Structure and Usage

LL.M Course | 2 credit hours

This course is designed to provide a comprehensive overview of complex derivative transactions currently utilized in the global financial marketplace; emphasis will be on how such transactions are structured, how they are utilized by market participants, and how they will be regulated under new U.S. federal law and regulations. Topics addressed will include: legal and policy issues that gave rise to the trading of these financial market products and changes to legislation and regulations affecting these markets in recent decades; varieties of swaps transactions involving various underlying commodities, including interest rates, currencies, agricultural and energy commodities, credit products such as credit default swaps, and equities; varieties of exchange-traded funds involving various underlying commodities including precious metals, energies, and securities; exchange-traded credit derivative products, including security and commodity options; and structured products. The course will focus on the growth and innovation in swaps and derivatives markets, market development prior to enactment of the Wall Street Reform and Consumer Protection Act, and in-depth review of new financial reform statutes and regulations for these markets. Specifically, in addition to analyzing various types of swaps and derivatives, the course will address issues relating to swaps clearing, trading execution, recordkeeping, reporting, enforcement authorities, as well as exemptions from regulation. Focus of the course will be on understanding how market participants use complex derivatives, the benefits and risks of particular products, and the new regulatory landscape for such transactions.

Prerequisite: Prerequisites: Regulation of Derivatives

LAW 950 v01 Complex Securities Investigations

LL.M Course (cross-listed) | 2 credit hours

The course is designed to provide a practical survey of a complex securities investigation from inception through the Wells process, civil and criminal charging decisions, and trial. Representing a public company, its officers, employees or directors requires a thorough understanding of the tools and strategies employed by the civil and criminal regulators. We will consider a variety of common practice issues including managing concurrent SEC and DOJ investigations, structuring and conducting the internal investigation; responding to SEC document subpoenas; conducting witness interviews; and, the application of the corporate privilege, attorney-client privilege, work product doctrine, and governmental privileges. The self-reporting and professional responsibility provisions of Sarbanes-Oxley and the SEC’s cooperation initiative present a variety of difficult practice issues that are critical to a lawyer’s fundamental responsibility to represent solely the client’s interests. Students will gain practical knowledge of the issues and opportunities arising through interaction and negotiation with the SEC and DOJ during the investigative process, and the strategic decisions of waiver and cooperation to achieve the optimal result for the client.

Strongly Recommended: Securities Regulation or significant government or industry experience.

LAW 080 v00 Computer Crime Law

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

Explores the legal issues that judges, legislators, prosecutors, and defense attorneys are confronting as they respond to the recent explosion in computer-related crime. In particular, the course considers how crimes on the Internet will challenge traditional approaches to the investigation, prosecution, and defense of crime that have evolved from our experience with crimes in physical space. Topics will include: the Fourth Amendment online, the law of electronic surveillance, computer hacking and other computer crimes, cyberterrorism, the First Amendment in cyberspace, and civil liberties online. Although much of this class involves computer and internet technology, no prior technical background or knowledge is required.

Mutually Excluded Courses: Students may not receive credit for both this course and Computer Crime Seminar or the graduate course, Global Cybercrime Law.

LAW 1384 v00 Computer Programming for Lawyers: An Introduction

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

This class provides an introduction to computer programming for law students. The programming language taught may vary from year-to-year, but it will likely be a language designed to be both easy to learn and powerful, such as Python or Javascript. There are no prerequisites, and even students without training in computer science or engineering should be able successfully to complete the class.

The course is based on the premise that computer programming has become a vital skill for non-technical professionals generally and for future lawyers and policymakers specifically. Lawyers, irrespective of specialty or type of practice, organize, evaluate, and manipulate large sets of text-based data (e.g. cases, statutes, regulations, contracts, etc.) Increasingly, lawyers are asked to deal with quantitative data and complex databases. Very simple programming techniques can expedite and simplify these tasks, yet these programming techniques tend to be poorly understood in legal practice and nearly absent in legal education. In this class, students will gain proficiency in various programming-related skills.

A secondary goal for the class is to introduce students to computer programming and computer scientific concepts they might encounter in the substantive practice of law. Students might discuss, for example, how programming concepts illuminate and influence current debates in privacy, intellectual property, consumer protection, antidiscrimination, antitrust, and criminal procedure.

This is a hands-on class. Each student will spend most class sessions using his or her own computers, reading, writing, and debugging code. Every student must bring to every class a computer, on which free software will be provided to be installed. Students will be required to complete problem sets between class meetings. To obtain a passing grade, students must complete problem sets and larger coding assignments, participate in class sessions, and demonstrate they have learned the assigned skills.

At the completion of this class, students should be able to write simple to moderately complex computer programs that can automate text-handling and data-handling tasks that would be difficult or impossible to perform without programming skill. Students will also gain a solid foundation of programming knowledge and skills they can build upon to progress toward mastering more advanced programming techniques and other programming languages.

Mutually Excluded Courses: Students who have completed at least one computer programming course in college or graduate school or who have mastered at least one computer programming language are not eligible for this course.

Note: FIRST CLASS ATTENDANCE IS MANDATORY. All enrolled and waitlisted students must be in attendance at the start of the first class session in order to be eligible for a seat in the class.

This course is mandatory pass/fail and will not count toward the 7 credit pass/fail limit for J.D. students.

Note: This course will meet twice each week. There will be one two-hour lecture with all enrolled students, followed later in the week by a second class session consisting of one-hour lab sections broken into small groups of 15 students. Students will be enrolled in only one small lab section. In preregistering for this course, students should select the section that best meets their schedule in terms of the one-hour lab session.

LAW 309 v00 Congressional Investigations and the Modern Government Inquiry

J.D. Course (cross-listed) | 2 credit hours

This course will focus on the scope and contours of Congress's oversight and investigative authority, how it has evolved over time, and key similarities/differences in relation to other types of government investigations. Specifically, it will examine the interplay between congressional investigations and the separation of powers between the Legislative, Judicial, and Executive branches of government, as well as how such investigations can impact private actors. Topics covered will include, among others:

  • Committee jurisdiction and grants of authority;
  • Interaction between Congress and the Executive Branch, including claims of Executive Privilege and special issues related to congressional oversight of active criminal investigations;
  • Judicial review of congressional oversight activities;
  • The applicability of constitutional and common law privileges and the congressional contempt power; and
  • Current trends in congressional investigations in light of a changing political dynamic in Washington, including the role of the minority party and specially-constituted investigative commissions.

The world of congressional investigations is truly interdisciplinary—-these high-stakes investigations often involve overlapping, and at times competing, considerations of law, legislation, lobbying, policy, politics, public relations, and media. Rarely does a congressional investigation occur in a vacuum—-for an issue to attract a congressional committee's attention, it is often necessarily subject to parallel criminal and civil proceedings, or it will be. Therefore, students will be challenged to assess the spectrum of risk a subject or witness might face, including criminal exposure, impacts on parallel litigation, administrative or regulatory issues, media scrutiny, reputational and economic risk, and potentially negative legislative results. Students will also consider the myriad objectives of a congressional investigation, including evaluating the effectiveness of existing laws, supporting or opposing legislation, or advancing a particular political agenda.

By the end of the course, students should have acquired a working understanding of:

  • The sources, scope, and history of congressional oversight and investigative authority;
  • Legal and business risks associated with congressional and other government investigations;
  • Key nuances and similarities in the representation of clients before various types of government bodies; and
  • Some basic practice concepts in the white collar representation of entities and individuals under government investigation.

Recommended: Criminal Justice (or Democracy and Coercion) or Criminal Procedure.

Mutually Excluded Courses: Students may not receive credit for both this course and Congressional Investigations Seminar or Congressional Oversight of the Executive Branch.

LAW 309 v02 Congressional Investigations Seminar

J.D. Seminar (cross-listed) | 2 credit hours

This seminar deals with Congress’ powers to conduct oversight and investigations of the Executive branch. This seminar will cover the scope of Congressional inquiries and investigations, Congress’ subpoena powers, grant of immunity powers as well as hearing and rulemaking powers, the use of select committees, the GAO, and other special investigative techniques. The course will examine the use of prehearing depositions, rights of witnesses, preparation of witnesses, the role of the press and the interaction between Congress and prosecutorial functions including investigations conducted by special and independent counsel statute. In addition to the traditional use of lectures, class discussions and outside speakers, the course will be built around mastering the subject matter and surfacing ethical issues by working on complex problems. Students will be expected to work in small groups on contemporary issues to simulate the work of Committee members, Committee Staff, White House Counsel Staff and members of the news media.

Mutually Excluded Courses: Students may not receive credit for both this seminar and the Legislative Investigations Seminar or Congressional Oversight of the Executive Branch.

Note: Students may not withdraw from this class after the add/drop period ends without the permission of the professor.

LAW 309 v03 Congressional Investigations Seminar

J.D. Seminar (cross-listed) | 2 credit hours

This seminar explores the range of issues involved in congressional investigations, with special attention paid to the differing perspectives of the major players, both inside and outside of Congress, in a congressional investigation. Congressional investigations involve a unique interplay of legal and political issues. Legal issues -- involving such matters as the rights of private institutions and private citizens who may be implicated in a congressional investigation, the legal and political ability of the Executive Branch to resist congressional probes, the authority of the Judicial Branch to interfere with or limit the conduct of congressional investigations, and the relationship of congressional investigations to related criminal and civil inquiries conducted by other governmental entities -- must be factored into the political calculus of the contending political forces involved in a congressional investigation. Political determinations -- which underpin such issues as the scope and duration of an investigation or whether witnesses should be interviewed, deposed or called to testify live at a hearing -- may have significant legal ramifications. This seminar will address these issues at both the practical and the theoretical levels. As part of the course, class members will be asked to participate in mock problems concerning different aspects of the process.

Recommended: Criminal Justice (or Democracy and Coercion) or Criminal Procedure.

Mutually Excluded Courses: Students may not receive credit for both this seminar and Congressional Oversight of the Executive Branch or Congressional Investigations and the Modern Government Inquiry.

LAW 1486 v00 Congressional Oversight of the Executive Branch

J.D. Seminar (cross-listed) | 2 credit hours

“Quite important as lawmaking is vigilant oversight of administration.”

“The informing function of Congress should be preferred even to its legislative function.”

Woodrow Wilson1

The above quotes capture the central theme for this seminar, which explores Congress’ oversight of the Executive Branch. Oversight and investigation are one of Congress’ primary means of asserting its role in the Constitutional scheme of separated powers. Historically, this assertion creates tensions that forces interplay among the three coordinate branches of government: legislative, executive, and judicial. This course will examine these issues as well as review the tools Congress uses to execute its powers. This includes the full range of Congress’ compulsory powers through the issuance of subpoenas, grants of immunity, contempt rulings, and enforcement actions in civil and criminal court. Students will use major investigations as case studies to demonstrate these processes. Students will be asked to assume roles as various actors in the process, which includes members of Congress and their staffs; officials in the executive branch, and the judiciary.


1Woodrow Wilson, Congressional Government, (Boston: Houghton, Mifflin, 1885), 303

COURSE OBJECTIVES:

  1. Students will understand the interplay among the three coordinate branches as a result of our constitutional structure, and how these structural relationships impact law and policy-making.
  2. Students will understand the tools at Congress’s disposal to effect legislative oversight and congressional investigations. To borrow a phrase from one of our texts, “you will learn how the worlds of lawmaking, law-implementing, law-interpreting, and law-enforcing connect.”

Prerequisite: Constitutional Law I: The Federal System; prior or concurrent enrollment in Constitutional Law II: Individual Rights and Liberties.

Mutually Excluded Courses: Students may not receive credit for both this seminar and Congressional Investigations Seminar or Congressional Investigations and the Modern Government Inquiry.

LAW 822 v00 Consolidated Returns

LL.M Course | 2 credit hours

This course studies the law and regulations governing the taxation of corporations filing consolidated federal income tax returns. This course is highly recommended for students who intend to practice corporate tax law because it will focus on consolidated return principles that affect corporate tax planning, mergers and acquisitions. The course will cover the following subjects: eligibility to file consolidated returns; treatment of business transactions within the group; treatment of dividends and other distributions within the group; adjustments to the basis of stock of members of the group; treatment of acquisitions of another consolidated group; treatment of dispositions of subsidiaries of a group; consolidated return treatment of the group's favorable tax attributes; use of disregarded entities by a consolidated group; and treatment of earnings and profits accounts. The consequences of filing consolidated returns in specific situations are considered as each topic is covered.

Prerequisite: Federal Income Taxation (formerly Taxation I); Corporate Income Tax Law I.

LAW 822 v50 Consolidated Returns: Principles and Planning

LL.M Course (cross-listed) | 2 credit hours

Studies the law and regulations governing the taxation of corporations filing consolidated federal income tax returns. This course is highly recommended for students who intend to practice corporate tax law because it will focus on consolidated return principles that affect corporate tax planning, mergers and acquisitions. The course will cover the following subjects: eligibility to file consolidated returns; treatment of business transactions within the group; treatment of dividends and other distributions within the group; adjustments to the basis of stock of members of the group; treatment of acquisitions of another consolidated group; treatment of dispositions of subsidiaries of a group; consolidated return treatment of the group's favorable tax attributes; use of disregarded entities by a consolidated group; and treatment of earnings and profits accounts. The consequences of filing consolidated returns in specific situations are considered as each topic is covered.

Prerequisite: Federal Income Taxation (formerly Taxation I); Corporate Taxation (formerly Taxation II) or Corporate Income Tax Law I.

Recommended: Corporate Income Tax Law II (for students who did not take Corporate Taxation).

LAW 089 v00 Constitutional Aspects of Foreign Affairs Seminar

J.D. Seminar (cross-listed) | 3 credit hours

This seminar deals with the distribution of powers between the president and Congress in the areas of war, diplomacy, international organizations, foreign assistance, commerce, money, etc. as well as the distribution of powers between the national and state governments. Such related matters as the impact on individual rights and the political question doctrine in this context are also discussed.

Prerequisite: Constitutional Law I (or Democracy and Coercion).

Mutually Excluded Courses: Students may not receive credit for both this seminar and the upperclass course, U.S. Foreign Relations and National Security Law or the J.D. or graduate course, Foreign Relations Law.

Note: FIRST CLASS ATTENDANCE IS MANDATORY. All enrolled and waitlisted students must be in attendance at the start of the first class session in order to be eligible for a seat in the class. The faculty reserve the right to drop students from the class if they do not attend the first class. STUDENTS MAY NOT WITHDRAW FROM THIS CLASS AFTER THE ADD-DROP PERIOD ENDS WITHOUT THE PERMISSION OF THE PROFESSOR.

LAW 215 v00 Constitutional Law II: Individual Rights and Liberties

J.D. Course (cross-listed) | 4 credit hours

This course focuses primarily on the First, Fifth, and Fourteenth Amendments (free speech, due process, and equal protection) and the role of the Supreme Court as ultimate interpreter and guardian of the Bill of Rights.

Note for Professor Barnett's section: As a way to understand the structure of current doctrines, Professor Barnett’s course will stress how and why the doctrines evolved from the Founding through the Civil War, Reconstruction, the Progressive Era, the New Deal, the Warren and Rehnquist Courts to the Roberts Court today. Coverage will include the Second and Ninth Amendments. Internet access on any device is not allowed during class; all laptop use is disallowed in Professor Barnett's course.

Learning goals for Professor Spann's section:

The primary goal of the course is to teach stu­dents how to manipulate the doctrinal rules and underlying policy considera­tions that govern the topics in the course, and to get students to confront the norma­tive implications raised by such vast amounts of doctrinal indetermi­nacy.

LAW 305 v00 Constitutional Law Seminar: Suing the Sovereign

J.D. Seminar (cross-listed) | 3 credit hours

This seminar traces the development of the concept of sovereign immunity-the immunity of governmental entities from suit without their permission-through its many forms. The course begins with a general sketch of the doctrine, following its history from the Constitutional debates through the adoption of the Eleventh Amendment. Taking a more theoretical approach, the course will then focus on aspects of the doctrine that sound in subject matter jurisdiction and personal jurisdiction. Next, the course will survey four forms of sovereign immunity and related concepts, first reviewing basic principles of federal sovereign immunity and then considering, in turn, the Eleventh Amendment and state immunity, tribal immunity, and the immunity afforded by and to foreign countries. Throughout these various topics, the course will highlight the jurisprudential linkages -and differences-between these various forms of sovereign immunity.

During the course of the semester, we will have two critique sessions at which students will be assigned to teams and be required to debate several pre-identified issues. Depending on the size of the class, we will either have all the students participate in both debates or have students participate in only one of the two. Twenty percent of the students' grade will be derived from their performance at the critique(s), as well as class participation. At the student's option, this course may also be taken as a WR seminar, requiring students to write a publishable paper of appropriate length on a specific topic.

Prerequisite: Constitutional Law I: The Federal System or Democracy and Coercion.

Note: This seminar requires a paper. J.D. students must register for the 3 credit section of the seminar if they wish to write a paper fulfilling the Upperclass Legal Writing Requirement. The paper requirements of the 2 credit section will not fulfill the Upperclass Legal Writing Requirement.

LAW 017 v00 Constitutional Rights and Their Limitations: Proportionality

J.D. Seminar (cross-listed) | 1 credit hour

In many countries (e.g. Canada, Germany, Spain, Brazil), the regular legislature can take action affecting constitutional rights that are part of the Bill of Rights, so long as such effect is proportional (that is suitable and necessary to achieve legitimate government ends and properly balanced). In our class, we will look into the concept of proportionality, its scope and its rationales. We shall compare it with American jurisprudence, while trying to see whether constitutional rights are better protected by the American method of interpretation or by a proportionality analysis.

Note: WEEK ONE COURSE. This seminar will meet for one week only on the following days: Monday, January 8, 2018 through Friday, January 12, 2018, 1:30 p.m. - 4:05 p.m. This course is mandatory pass/fail and will not count toward the 7 credit pass/fail limit for J.D. students.

Note: Attendance at all class sessions is mandatory and all enrolled students must attend the first class in order to remain enrolled. Students on the wait list must attend the first class in order to be admitted off the wait list. Enrolled students will have until the beginning of the second class session to request a drop by contacting the Office of the Registrar. Once the second class session begins, students may only seek a withdrawal by contacting an academic advisor in the Office of JD Academic Services. Withdrawals are permitted up until the last class for this specific course.

LAW 184 v02 Constitutional Theory Seminar

J.D. Seminar (cross-listed) | 2 credit hours

This seminar is focused on examining the nature and practice of American constitutionalism. This is a broad topic, and so we can only scratch the surface in a semester. Constitutionalism in the American tradition is defined by the insistence upon a written constitution as fundamental law that prescribes the limits of all delegated power. This move, so much a part of early American constitutional thought, attempts to empower and limit government. Yet the act of writing itself does not guarantee that the higher law would be translated from word to deed. In order to understand the dynamics of how the Constitution—with its text, structure, philosophical foundations, and institutional orderings in writing—are given effect, we must include not only Supreme Court decisions, but the fundamental tensions that are encoded into a system with countervailing powers, rights, and popular representation. Therefore, a study of American constitutionalism must examine the ways in which political, historical, and philosophical influences have interacted with the formal legal Constitution.

This seminar will examine the Constitution as the subject of normative interpretative theory, and as an aspect of political practice, raising both descriptive and normative questions. Judicial decision-making will be part of the larger theoretical landscape involved in discerning constitutional meaning, but so will the ways in which the political branches provide their own substantive view of the Constitution. While the lessons each week are generalizable, they are largely elaborated in the context of American institutions, culture, norms, and theoretical assumptions. The goal of this seminar is to provide a better understanding of constitutional law through a broader introduction to constitutional theory and practice.

LAW 1101 v00 Consumer Advocacy: Public Health Regulation of Tobacco and Personal-Care Products (Fieldwork Practicum)

J.D. Practicum | 4 credit hours

In fieldwork practicum courses, students participate in weekly seminars and conduct related fieldwork at outside organizations. This fieldwork practicum course will focus on federal regulation of tobacco and personal-care products by the Food and Drug Administration (FDA) under the Food, Drug, and Cosmetic Act and how public interest groups advocate greater protections for consumers. Students will participate in a two-hour/week seminar and carry out either 10 or 15 hours/week of fieldwork as interns with one of two national consumer and environmental health organizations: the Campaign for Tobacco-Free Kids or the Environmental Working Group. (Two pass/fail credits will be awarded for 10 hours/week of fieldwork, and three pass/fail credits will be awarded for 15 hours/week of fieldwork.)

SEMINAR: In the two-credit, graded, seminar portion of the practicum, students will utilize legislative and administrative materials as well as case law to become familiar with the processes by which the federal government regulates tobacco and personal-care products, and to critique both the statutory framework and FDA’s performance in protecting consumers. The 2009 Tobacco Act created a new regulatory regime very different from the FDA’s existing authority to regulate other products within its jurisdiction. Examination of the agency’s initial steps to carry out this responsibility provides a chance for students to understand how a federal agency responds to a legislative mandate requiring innovative action to address a major public health problem. On the other hand, FDA has minimal authority to regulate personal-care products, raising real concerns for consumer protection. The course will also touch on related topics such as the role of the Federal Trade Commission in the regulation of trade practices, the Freedom of Information Act, the legislative process and the interaction of federal and state regulation.

FIELDWORK: In the two- or three-credit, mandatory pass-fail, fieldwork portion of the practicum, students will work as interns with the Campaign for Tobacco-Free Kids or the Environmental Working Group on projects aimed at strengthening the legislative or administrative processes, or on matters in litigation, under the supervision of attorneys connected with these organizations. (Students who have completed this course will have priority consideration if they opt to apply for the year-long Toni Stabile Graduate Fellowship at the Environmental Working Group after graduation.)

Prerequisite: J.D. students must complete the required first-year program prior to enrolling in this course (part-time and interdivisional transfer students may enroll prior to completing Criminal Justice, Property, or their first-year elective).

Recommended: Administrative Law; Food and Drug Law-related courses.

Mutually Excluded Courses: Students may not concurrently enroll in an externship or a clinic or another practicum course.

Note: LL.M. students must seek professor permission to apply.
Evening students who work during the day are encouraged to reach out to the professors to determine whether this practicum course would be compatible with their schedules.
This is either a four or a five credit course, depending on the number of fieldwork hours/week. Two credits will be awarded for the two-hour weekly seminar and either two credits (for 10 hours/week) or three credits (for 15 hours/week) for the fieldwork. The fieldwork will be conducted over a minimum of 11 weeks, to be arranged with the faculty members. Students will have the ability to choose the credit option that best fits their schedules. However, the fieldwork must be completed during normal business hours. All students will initially be registered for a total of four credits, which is the two-credit seminar plus the two-credit fieldwork section. Once the preregistration results are released, contact the Office of the Registrar to confirm the number of credits you wish to receive for the fieldwork and she will inform the Office of the Registrar of any changes that need to be made. If you enroll after the preregistration period and wish to enroll for additional fieldwork credits, contact Bernice Ines at api5@law.georgetown.edu. All requests for additional fieldwork credits beyond the two credits that are automatically assigned must be received by 5:00 p.m. on January 20, 2017.
The two-credit seminar portion of this practicum will be graded. The two or three credits of fieldwork are mandatory pass/fail. Students will be allowed to take another course pass/fail in the same semester as the fieldwork.
Note: The course will typically meet on Wednesday afternoons, but will have one additional class meeting on Saturday, January 21, 2017, from 9:00 a.m. to 1:00 p.m., in an effort to frontload some of the course material before students begin their fieldwork. On two Wednesdays later in the semester, the class will not meet, to account for the one Saturday session.
Students who enroll in this course will be automatically enrolled in both the seminar and fieldwork components and may not take either component separately. After Add/Drop, a student who wishes to withdraw from a practicum course must obtain permission from the faculty member and the Assistant Dean for Experiential Education. The Assistant Dean will grant such withdrawal requests only when remaining enrolled in the practicum would cause significant hardship for the student. A student who is granted permission to withdraw will be withdrawn from both the seminar and fieldwork components.
Default attendance rule for all practicum courses (unless the professor indicates otherwise): Regular and punctual attendance is required at all practicum seminars and fieldwork placements. Students in project-based practicum courses are similarly required to devote the requisite number of hours to their project. If a student must miss seminar, fieldwork, or project work, he or she must speak to the professor as soon as possible to discuss the absence. Unless the professor indicates otherwise, a student with more than one unexcused absence from the practicum seminar (out of 13 total seminar sessions), or one week of unexcused absences from the fieldwork or project work (out of a total of 11 weeks of fieldwork or project work), may receive a lower grade or, at the professor’s discretion, may be withdrawn from the practicum course.

LAW 1270 v00 Consumer Debt and Bankruptcy Seminar

J.D. Seminar (cross-listed) | 3 credit hours

Over the past fifty years, American households have increasingly relied on borrowing to make ends meet. For most families, growth in household debt has outpaced growth in wages. Credit fills the gap between stagnant incomes and rising expenditures. As a result, many families struggle under unmanageable debt obligations. 
 
This course focuses on the laws that govern consumer credit and debt collection: state and federal lending and consumer protection laws, rules allocating rights and remedies between debtors and creditors, and federal bankruptcy law. We will examine both legal doctrines and the public policy debates that shape their development. The course is divided into four units. First, we will consider why families incur debt, where they borrow, and how debt fits into the household balance sheet. Then, we will explore how particular types of loan products are regulated, including “fringe” products like payday loans. Third, we will examine what rights the law gives to creditors to collect, such as through foreclosure of residential mortgages. We will likewise study the scope of debtors’ substantive rights and procedural protections, and the limits they place on debt collection activities. Finally, we will delve into the law of consumer bankruptcy, exploring the policy goals of the bankruptcy system and the 2005 bankruptcy reforms. Throughout the course, we will consider not only the formal legal rules governing household debt, but also how those rules work in the real world. 
 
STUDENT LEARNING OUTCOMES 
At the end of the course, students should be able to: 
• Demonstrate knowledge of the key laws governing consumer debt and bankruptcy and of the recurring debates related to policymaking in this field 
• Research and master the existing literature on a topic in the field of consumer debt and bankruptcy, and make an original contribution to it 
• Evaluate and critique arguments presented in the course readings and other legal scholarship 
• Communicate ideas and arguments in an organized fashion, both orally and in writing

Note: FIRST CLASS ATTENDANCE IS MANDATORY. All enrolled and waitlisted students must be in attendance at the start of the first class session in order to be eligible for a seat in the class.

LAW 622 v01 Consumer Finance

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

Consumer spending drives the economy. This course studies the system of consumer finance—the way in which consumers consumption is financed. The course focuses on four themes: the empirical state of household finances; the psychology and sociology of consumer finance; the business of consumer finance; and the regulation and political economy of consumer finance. The course is structured around the jurisdiction of the new Consumer Financial Protection Bureau: bank accounts and savings vehicles; payment systems; consumer credit; consumer financial advice; and some insurance products. Specific topics to be covered include conspicuous consumption, behavioral economics, operational costs and underwriting, credit reporting, mortgages, credit and debit cards, checking and savings accounts, fringe banking products, the unbanked, debt collection, consumer financial information, and the powers of the CPFB.

LAW 1452 v00 Consumer Protection Law Seminar

J.D. Seminar (cross-listed) | 2 credit hours

Consumer protection law seeks to address a wide (and ever-evolving) list of deceptive, fraudulent and unfair practices. In this course, we will survey the laws, players, and industries that are affected by consumer protection law. Among other subjects, we will cover advertising practices (including native advertising), mortgage fraud, privacy, identity theft, payday lending, and higher education.

LAW 458 v00 Contract Law Seminar: Franchising

J.D. Seminar (cross-listed) | 2 credit hours

Franchised businesses account for approximately 40 percent of retail sales in the U.S., more than a trillion dollars a year, and have about 10 million employees. Franchising is growing: a new franchise opens in the U.S. roughly every eight minutes of every working day. Although most people may associate franchising with “fast food restaurants,” franchising is prevalent in many areas of the economy, including automotive, hotel, various retail establishments, and numerous business services, among others. With the explosive growth of franchising, which really began in the 1950s, has come the development of franchise law as a separate discipline during the past 60 or so years and significant growth in the number of lawyers who practice in this field. Thus, franchising and the evolving practice of franchise law have a great practical impact on the U.S. and global economy.

Franchise law is a combination of contract and statutory law and is heavily influenced by trademark, antitrust and other areas of business law. Franchise agreements tend to be lengthy multi-year trademark licensing agreements. Because franchising involves distribution of goods and services, antitrust and other competition law considerations must be taken into account. Franchising is also regulated at both the federal and state level. Franchise sales are regulated by state and federal disclosure requirements, analogous to SEC requirements. Automotive, petroleum and certain other franchise relationships are regulated by specific statutes, while various states generally regulate aspects of the franchise relationship, such as termination or renewal of the relationship. There is a substantial amount of litigation in franchising, involving not only disputes between franchisors and franchisees, but also consumers and others. Many common law contract concepts, such as the “implied covenant of good faith and fair dealing,” have evolved and continue to evolve in the context of franchise law. Franchising is also growing rapidly outside the U.S.; accordingly, a variety of laws and regulations of other countries are relevant.

This course will cover the legal and practical business basics of franchising, including, structuring of the franchise relationship and the analysis of franchise agreements; the sales process and disclosure requirements; the relationship of franchising, employment, trademark and antitrust law; contract and other common law concepts that affect the franchise relationship; statutes regulating the franchise relationship at the state and federal level; automobile, petroleum and international franchising; and franchise-related litigation. Students will be evaluated on the basis of a paper and class participation, including mock negotiations at the end of the semester.

Learning Objectives:

My principal goal is for you to gain a general understanding of franchise law. In addition, I want you to become comfortable reading complex contracts, specifically franchise agreements, and to be able to analyze and negotiate a franchise dispute.

Prerequisite: Contracts (or Bargain, Exchange, and Liability) or, for foreign-educated LL.M. students, Foundations of American Law, Introduction to U.S. Legal Systems or a Contracts equivalent course from the home country.

LAW 110 v03 Copyright Law

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

This course examines the law of copyright and its role within the overall framework of intellectual property law. Topics covered include the subject matter requirements for copyrightability; the rules that govern determination of authorship, the rights that copyright law confers on authors and the limitations and exceptions to those rights; the rules governing indirect liability of intermediaries and liability for circumvention of technological protections; and the scope of copyright preemption.

Learning goals for this course:

Critical mastery of the existing copyright statutory, doctrinal, and policy landscapes; critical mastery of strategic considerations in copyright licensing and litigation, in technology ventures that implicate copyrights, and in copyright policymaking.

LAW 110 v07 Copyright Law

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

This course examines copyright law, providing a basic understanding of its objectives and principles. Topics covered include subject matter requirements for copyrightability; rules that govern determination of authorship; rights copyright law confers on authors; rules governing indirect liability of intermediaries and liability for circumvention of technological protections; and scope of copyright preemption. The course will also consider the tensions between copyright holders and technology that threatens traditional content business models.

LAW 114 v00 Corporate Finance

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

This course begins with an introduction to modern finance theory to provide tools for understanding valuation problems. Students will learn about discounted present value, valuation of risk, portfolio theory, capital asset pricing model, efficient markets hypothesis, and options theory. The course then moves to a legal analysis of the rights and claims that attach to various securities, beginning with contractual rights of bondholders and convertible security holders. It then considers the contractual and extracontractual rights of preferred shareholders and the dividend and control rights of common stockholders. The course ends with an examination of mergers and acquisitions, bankruptcy and corporate reorganization, and new types of financial securities and their legal implications. Attention is paid throughout the course to the conflicts that arise between security holders, and the implications of the allocation of control rights among security holders for corporate governance and for public policy.

Prerequisite: Corporations.

Recommended: Prior or concurrent enrollment in Accounting for Lawyers or Basic Accounting Concepts for Lawyers.

Mutually Excluded Courses: Students may not receive credit for both this course and Corporate Finance: Quantitative Analysis and Valuation.

LAW 114 v05 Corporate Finance

J.D. Course (cross-listed) | 4 credit hours

This course will provide students with a foundation in the financial and legal aspects of a business’ capital structure.  It is designed to put students in a position to collaborate on and communicate regarding corporate finance matters with clients and other stakeholders such as bankers, investors and regulators.  The course covers many of the subjects included in a business school finance class (e.g. discounted present value, valuation of risk, financial statement analysis, the capital asset pricing model and, most importantly, business valuation), while emphasizing the legal aspects of the capital structure, including the contractual and statutory regimes governing bonds, loans and other debt instruments, convertible securities and preferred and common equity.  Other on- and off-balance sheet financing instruments will also be considered including leases, derivatives and structured products.  The course concludes with two units applying the principles covered in the first part of the course—mergers and acquisitions and financial restructurings and reorganizations. 

Recommended: Corporations.  While not required, students will find it helpful to be familiar with the concepts covered in an introductory financial accounting course.

Mutually Excluded Courses: Students may not receive credit for this course and Corporate Finance: Quantitative Analysis and Valuation.

LAW 114 v04 Corporate Finance: Quantitative Analysis and Valuation

J.D. Course (cross-listed) | 2 credit hours

This two-credit course provides an introduction to basic quantitative analysis techniques in corporate finance. Students will learn the fundamentals of valuation as it relates to a variety of assets, including bonds, stocks, options, and derivatives. Our class discussion will also touch on real problems that students are likely to face in legal practice.

Topics covered include: analysis of basic financial statements; net present value and internal rate of return; dividend discount model; bond pricing, yields, and the term structure of interest rates; the capital asset pricing model (CAPM); weighted average cost of capital; arbitrage pricing theory; free cash flow analysis; efficient and alternative theories of capital markets; capital structure and leverage; dividend and payout policy; put and call option pricing; the Black-Scholes model; warrants and convertibles; and the pricing of forward and futures contracts. If time permits, we will also touch on more advanced pricing techniques that use stochastic processes such as random walks.

In addition to teaching these tangible skills, the course will develop students’ mathematical intuition, which will enable them to navigate financial problems with more confidence in both in their professional and personal lives. This mathematical intuition will be built up through 4-6 problem sets I will assign. These problem sets will also enable students to gain familiarity with Microsoft Excel, which we will use throughout the semester.

Our textbook will be Corporate Finance (11th ed. 2016) by Ross, Westerfield, Jaffe, and Jordan. Class attendance is mandatory and along with participation will count for 10% of the final grade. Problem sets will count for 20% of the final grade, with the remaining 70% determined by a comprehensive four-hour final exam.

Strongly Recommended: Corporations.

Mutually Excluded Courses: Students may not receive credit for this course and Corporate Finance.

LAW 113 v06 Corporate Governance Seminar

J.D. Seminar (cross-listed) | 2-3 credit hours

This seminar will focus on current issues in corporate governance in the context of seminar requiring a substantial written paper. We will consider how these developments relate to current theories of corporate governance and to the development of corporate governance laws and best practices in the United States and several other jurisdictions. The seminar will meet weekly to discuss assigned readings; students will be expected to produce topic outlines and a draft of their final papers during the term as well.

Among the subjects to be considered are: (1) the need – in the context of large public corporations - for corporate governance rules due to the separation of corporate control from ownership; (2) the governance-related duties and responsibilities of corporate directors, officers and controlling shareholders; (3) competing theories of ‘shareholder primacy’ and ‘director primacy’; (4) the changing roles of institutional investors seeking improvements in corporate governance; (5) activist investors and the competing governance theories of short term vs. long term investment strategies; (6) “shareholder democracy” and “shareholder primacy,” including such issues as majority voting, say-on-pay, proxy access, shareholder engagement and controlled or dual-class share structures for corporations; (7) corporate social responsibility, diversity in the boardroom and the role of non-shareholder stakeholders (local communities, environmental advocates, employees, creditors, consumers, etc.); (8) the role of corporate lawyers in corporate governance (including who is the “client” – the board, management or shareholders); (9) the interactions between state corporate law and federal securities law and various regulators; and (10) new international perspectives on corporate governance.

Prerequisite: Corporations.

Recommended: Securities Regulation and/or Corporate Finance.

Note: This seminar requires a paper. J.D. students must register for the 3 credit section of the seminar if they wish to write a paper fulfilling the Upperclass Legal Writing Requirement. The paper requirements of the 2 credit section will not fulfill the J.D. Upperclass Legal Writing Requirement.

LAW 848 v00 Corporate Income Tax Law I

LL.M Course | 2 credit hours

Examines the federal income tax effects of certain basic transactions involving corporations and their shareholders. Principal subjects covered include corporate formation and capital structure, distributions to shareholders, redemptions and liquidations. Major emphasis is upon Internal Revenue Code Sections 301-362 and related Treasury Regulations.

Prerequisite: Federal Income Taxation (formerly Taxation I).

Recommended: Corporations.

Mutually Excluded Courses: Students may not receive credit for both this course and the J.D. course, Corporate Taxation (formerly Taxation II).

Note: Required for Taxation LL.M. and Executive Tax LL.M. degree.

DISTANCE STUDENTS REGISTER FOR CRN#: 35217. The Fall 2018 section with Levine/Poulsen is open to both on campus and distance students. However, only students enrolled in the Executive LL.M. in Taxation, the Executive LL.M. in Securities & Financial Regulation, and the MSL programs may take this course on a distance basis. All J.D. students and resident LL.M. students may not enroll in this course on a distance basis.

LAW 850 v00 Corporate Income Tax Law II

LL.M Course (cross-listed) | 2 credit hours

Continues the study of provisions of the federal income tax law applicable to corporations and their shareholders. Detailed study is given to corporate reorganizations under Subchapter C, including acquisitions, divisive reorganizations and recapitalizations; the treatment of boot; the basis provisions; the assumption of liabilities; and related matters. Consideration also is given to carryovers of corporate tax attributes, including restrictions applicable to loss corporations.

Prerequisite: Federal Income Taxation (formerly Taxation I).

Recommended: Prior or concurrent enrollment in Corporate Income Tax Law I.

Mutually Excluded Courses: Students may not receive credit for both this course and the J.D. course, Corporate Taxation (formerly Taxation II).

Note: DISTANCE STUDENTS REGISTER FOR CRN#: 35368. This course is open to both on campus and distance students. However, only students enrolled in the Executive LL.M. in Taxation, the Executive LL.M. in Securities & Financial Regulation, and the MSL programs may take this course on a distance basis. All J.D. students and resident LL.M. students may not enroll in this course on a distance basis.

LAW 422 v00 Corporate Taxation

J.D. Course (cross-listed) | 4 credit hours

This course is a continuation of Taxation I. The course examines income tax aspects of the formation and liquidation of corporations and interim distributions to shareholders. It also concerns the sale of a business operated in corporate form. While the focus is on the traditional corporate form, it is contrasted with alternate forms of business operation--partnerships and subchapter S. NOTE: Students who plan to take the Business Planning Seminar or the course in Venture Capital, Private Equity, and Entrepreneurial Transactions should take Taxation II, a prerequisite for that seminar and course, as early as possible in their upperclass years.

Prerequisite: Federal Income Taxation (fomerly Taxation I).

Mutually Excluded Courses: Students may not receive credit for both this course and the graduate courses, Corporate Income Tax Law I or Corporate Income Tax Law II.

Note: Any section of Corporate Taxation (formerly Taxation II) satisfies the Corporate Income Tax Law I requirement for the LL.M. in Taxation.

LAW 294 v00 Corporate Transactions: Negotiating the Deal and Drafting the Documents

J.D. Seminar (cross-listed) | 3 credit hours

The core of a corporate practitioner’s work is the practical application of corporate and securities law concepts to further client objectives. This course will allow you to apply knowledge you have gained in studying corporate, contract and securities law to the practical aspects of advising mid-sized and larger corporations. You will draft and negotiate documents for corporate formation, funding, public stock offerings, and business combinations. This practical approach is designed to give you the legal writing and negotiating skills you will need to be a strong corporate lawyer. Several sessions will cover discrete topics related to events in the life of the corporation, with emphasis on crafting the right solution for the client. Many of the classes will involve “real time” drafting and negotiating sessions for the documents you have written.

Prerequisite: Corporations.

Recommended: Prior or concurrent enrollment in Securities Regulation.

Mutually Excluded Courses: Students may not receive credit for this course and Business Planning Seminar.

LAW 121 v01 Corporations

J.D. Course (cross-listed) | 4 credit hours

Students should note that Corporations is a prerequisite for Advanced Corporate Law, Comparative Corporate Law, Corporate Finance, Securities Regulation, Business Planning Seminar, and many corporate law seminars.

This is a basic course in business corporations. Brief coverage is given to factors bearing on choice of organization, including partnership attributes, process of corporate formation, corporate privileges and powers, corporate capital structure, and limited liability. Close examination is given to the governance structure of the corporation and the fiduciary obligations of directors and officers. The particular nature of the public corporation is explored. Topics studied may include stock trading by corporate insiders, transactions in corporation control, and the procedural problems in stockholder derivative suits. Along with a focus on such policy questions as federal-state jurisdiction, the nature of the corporate governance system, and the role of the corporation in modern society, the course deals with the role of the lawyer in corporate matters. 

LAW 121 v02 Corporations

J.D. Course (cross-listed) | 4 credit hours

This course is designed for students who someday wish to practice transactional law, represent entrepreneurs, or pursue an entrepreneurial passion of their own. The traditional topics of corporations - structuring financial risks and rewards, fiduciary duties, regulatory compliance, and changes in control - are placed within a semester–long hypothetical in which entrepreneurs confront real life legal and business issues.

Rather than learning corporate legal doctrine in a vacuum, this course teaches students to identify and resolve, through the lens of entrepreneurs and the attorneys that represent them, the common issues confronted by companies over the course of a typical business life cycle - from launch to exit.

Students will participate in a “Shark Tank” like session of real entrepreneurs pitching to angel investors and observe a simulated negotiation by professionals of a term sheet for a company's acquisition. This problem–centric approach, combined with exposure to the form and language of transactional documents used to resolve legal issues confronted by entrepreneurs, prepares students to hit the ground running after law school in various business law practices that grapple with the issues confronted by startup, early-stage and mature companies.

LAW 121 v05 Corporations

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

This is a basic course in business corporations. This course explores the governance structure of the corporation and the fiduciary obligations of directors and officers, with a particular focus on the nature of the public corporation. Topics studied may include: the role of shareholders in contrast with the role of directors and officers, the issues surrounding transactions in corporation control, and the procedural problems in stockholder derivative suits. Policy questions such as federal-state jurisdiction, the nature of the corporate governance system, the role of the corporation in modern society, and the role of the lawyer in corporate matters may also be included.

Note: This course will not cover alternative entities or federal securities law.

Note: For students enrolled in Professor Sale's Corporations course: Students should keep their schedules open for the full Monday and Wednesday, 9:00 am - 11:00 am block to accommodate one or more rescheduled classes that the professor anticipates needing to schedule.

LAW 121 v06 Corporations

J.D. Course (cross-listed) | 4 credit hours

Students should note that Corporations is a basic course that is a prerequisite for Advanced Corporate Law, Comparative Corporate Law, Corporate Finance, Securities Regulation, Business Planning Seminar, and other advanced business law courses.

This course covers the practical aspects of organizing and operating various types of business entity, as well as the policy considerations relating to their governance and to the roles of large businesses in society. It covers choice of entity, including the attributes of partnerships, limited liability companies, and corporations; the process of forming different types of entity; and the nature and limitations of limited liability associated with corporations and limited liability companies. It considers planning and structuring different types of entity, including capital structure and governance mechanisms. The course pays particular attention to the practical and policy considerations of governance in the large, public company as well as the fiduciary obligations of officers and directors. In order to provide a basis for understanding cases related to liability for breach of fiduciary duty, students will be exposed to the procedural aspects of derivative suit litigation. In connection with the major policy issues in corporation law, students will discuss the role of the lawyer in advising business clients. Other topics studied may include insider trading and transactions in corporation control. 

LAW 121 v08 Corporations

LL.M Course | 3 credit hours

Students should note that Corporations is a prerequisite for Advanced Corporate Law, Comparative Corporate Law, Corporate Finance, Securities Regulation, Business Planning Seminar, and corporate law seminars.

This is a basic course in business corporations. Brief coverage is given to factors bearing on choice of organization, including partnership attributes, process of corporate formation, corporate privileges and powers, corporate capital structure, and limited liability. Close examination is given to the governance structure of the corporation and the fiduciary obligations of directors and officers. The particular nature of the public corporation is explored. Topics studied may include stock trading by corporate insiders, transactions in corporation control, and the procedural problems in stockholder derivative suits. Along with a focus on such policy questions as federal-state jurisdiction, the nature of the corporate governance system, and the role of the corporation in modern society, the course deals with the role of the lawyer in corporate matters.

Prof. Feinerman's course will presume familiarity with the basic vocabulary and fundamental concepts of corporate law and focus on salient divergent features of US corporate law.

Note: This section is for foreign-educated LL.M.s only. J.D. students and LL.M. students who received their law degrees in the U.S. MAY NOT register for this course.

This course does count towards the Securities and Financial Regulation specialization credits for foreign-educated attorneys.

LAW 121 v09 Corporations

LL.M Course | 3 credit hours

Students should note that Corporations is a prerequisite for Advanced Corporate Law, Comparative Corporate Law, Corporate Finance, Securities Regulation, Business Planning Seminar, and corporate law seminars.

This is a basic course in business organizations with a primary focus on corporations and including a brief examination of limited liability companies. Throughout the course, students will consider the role of lawyers in corporate matters. Brief coverage is given to factors bearing on choice of organization, including process of corporate formation, corporate privileges and powers, corporate capital structure, and limited liability. Close examination is given to the governance structure of the corporation and the obligations of directors and officers. The particular nature of the public corporation is explored. Topics studied may include stock trading by corporate insiders, transactions in corporation control, the procedural problems in stockholder derivative suits, and judicial disregard of the corporate form.

Note: This section is for foreign-educated LL.M.s only. J.D. students and LL.M. students who received their law degrees in the U.S. MAY NOT register for this course.

This course does count towards the Securities and Financial Regulation specialization credits for foreign-educated attorneys.

LAW 1610 v00 Criminal Practice Seminar: White-Collar Crimes in a Transnational Context

J.D. Seminar (cross-listed) | 2 credit hours

This seminar explores white-collar criminal practice in the transnational context.  “Transnational” cases generally involve the potential application of one or more country’s laws to alleged criminal activity that crosses borders. We begin by introducing students to the general differences in the legal structures, concepts of criminal law, and varied standards for corporate and individual liability, that apply in civil and common law systems. We will study the substantive U.S. law that is implicated in many transnational prosecutions and learn when U.S. law applies extraterritorially. The substantive provisions we study may include proscriptions on corruption, fraud, money laundering, tax evasion, data breaches/hacking, or violations of economic sanctions. We will explore the tools available for obtaining evidence abroad, as well as some of the national laws and regulations that impact transnational investigations. Some of the challenges we will explore are regulations regarding data privacy, employment laws, national security/state secret laws, and blocking or economic protection statutes. At the conclusion of the class, we will consider a number of case studies that illustrate issues companies face in attempting to forge a global resolution among regulators and prosecutors from different countries. These include managing competition between sovereigns, joint and parallel national investigations, and the division of penalties.

Learning Outcomes

This course, as its title suggests, is designed to expose students to important issues they will face in the transnational practice of law. One of our goals, then, is very practical: to give students information they will need to be successful practitioners in this area.

Another goal is to challenge students to take a step back and think about larger questions:  When criminal conduct crosses borders, which sovereign should prosecute?  Should U.S. criminal law extend as far as it does? Is it fair or efficient to permit multiple countries to address such conduct criminally?  Should expedited evidence-gathering tools be available to both the defense and prosecution?  What liability rules would best serve the purposes of punishment?

Like all writing seminars, the class also seeks to enhance students’ ability to conduct legal research, capacity to engage in critical thinking, and prowess in communicating effectively, in writing and in class.

LAW 069 v03 Critical Race Theory

J.D. Seminar (cross-listed) | 2 credit hours

This 2 credit seminar focuses on critical race theory, a jurisprudential movement that examines the relationship among race, racism, and the U.S. legal system. The coverage is broad, including contemporary legal scholarship on race and the law, and the legal and political interventions that could perhaps guide successful racial reform. This course will provide students with an overview of critical race theory and more intensive exposure to certain subtopics, such as race-based critiques of liberalism, storytelling and the construction of identity, critical race feminism, critical white studies, and global approaches to critical race theory. With a focus on interpretive or critical dimensions of the law, as opposed to a primarily case based approach, this seminar will help students gain an understanding of how race reform theory works and fails, and how culture and historical forces have shaped that body of law. Students of all backgrounds and political persuasions are welcome.

LAW 982 v00 Cross-Border Commercial Regulation: Aviation and Maritime Law

LL.M Seminar (cross-listed) | 2 credit hours

This seminar examines U.S. and international law applicable to aviation and maritime services worldwide. It includes the transportation of both passengers and cargo by air as well as sea. It reviews the evolution and progress made in international law liability conventions (Warsaw, Montreal 1999, Athens 2002) that are applicable to passengers and cargo involved in air as well as sea transport and mishaps/disasters. It examines the emerging applicability of both environmental and security laws and treaties in this area. In the context of public international law, the seminar focuses on the 1944 Chicago Convention and the evolution of restrictive bilateral air transport agreements into the current system of bilateral and multilateral open skies agreements that govern the movement of most passenger as well as cargo airlines of all nationalities throughout the world. The sometimes inconsistent application of U.S. and E.U. competition laws and policies is studied, particularly as they currently govern the developing practices of code sharing among international airlines and comparable global alliances among shipping lines. Also examined are the legal as well as economic (and practical) consequences of these alliances. Finally, the seminar examines the area of aircraft hijacking and the steps the international community has taken to meet these threats.

Recommended: Conflict of Laws: Choice of Law; International Law I: Introduction to International Law (for foreign-educated students, knowledge of these topics from home country study or practice is sufficient.)

LAW 807 v00 Cross-Border Transactions in Latin America

LL.M Seminar (cross-listed) | 2 credit hours

The course is designed to give students an overview and practical insight on the legal aspects of doing business with or investing in Latin America. The course will focus on Mexico, but will also address legal issues associated with doing business in Central and South American countries. Topics will be discussed from the perspective of U.S. investors doing business in the region, and will cover the legal implications of cross-border distribution, licensing and joint venture arrangements, acquisitions and direct investments, labor planning and creditor rights.

Recommended: Contracts, Corporations, and International Business Transactions.

Note: A student will be permitted to drop a course that meets for the first time after the add/drop period, without a transcript notation, if a student submits a written request to the Office of the Registrar prior to the start of the second class meeting. Withdrawals are permitted up until the last class for this specific course.

LAW 1615 v00 Cryptocurrencies, Initial Coin Offerings and the Law Seminar

J.D. Seminar (cross-listed) | 2-3 credit hours

This seminar will examine cryptocurrencies like Bitcoin, Ether and Ripple's XRP, and their possible roles as commodities, payment instruments and investments.  It will also explore “Initial Coin Offerings” ("ICOs")—fundraises by startups identifying technology-based problems and proposing the sale or financing of technology-based solutions.  

Cryptocurrencies and ICOs have recently attracted more attention—and investment dollars—than early stage venture capital.  However, governmental authorities around the world worry that they are under-regulated (or unregulated), pointing to a recent spate of fraud, market volatility, and potential money laundering associated with virtual transactions.  This seminar will explore the regulatory framework for digital currencies and payments, and examine the evolving reforms and regulatory efforts arising in the sector.  The course will cover topics including the differences between key cryptocurrencies; the varying regulation of cryptocurrencies and ICO tokens as “commodities” vs. “securities;” the mechanics of an ICO; and money laundering and bank secrecy laws.

Note: This seminar requires a paper. J.D. students must register for the 3 credit section of the seminar if they wish to write a paper fulfilling the Upperclass Legal Writing Requirement. The paper requirements of the 2 credit section will not fulfill the J.D. Upperclass Legal Writing Requirement.

LAW 348 v03 Current Issues in National Security and Civil Liberties Seminar

J.D. Seminar (cross-listed) | 2 credit hours

This seminar will address current topics in national security and civil liberties. The Supreme Court has said that a state of war does not give the President a blank check when it comes to individual liberties. By contrast, Franklin Delano Roosevelt’s Attorney General, Francis Biddle, said that “The Constitution has not greatly bothered any wartime President.” This course will examine the trade-offs presented in war and other states of emergency. We will examine such issues as preventive detention, surveillance standards, enemy combatants, military tribunals, the role of international tribunals, the targeting of foreign nationals, and regulation of speech and association.

Prerequisite: Prior or concurrent enrollment in Constitutional Law II: Individual Rights & Liberties.

Note: Special Note for LL.M. Students: During preregistration, enrollment in the LAWG section of this course is limited to LL.M. students in the National Security Law degree program. All other LL.M. students will have the opportunity to enroll or add themselves to the waitlist for this course during add/drop.

LAW 2038 v00 Current Issues in Tax Policy

LL.M Seminar (cross-listed) | 2 credit hours

This colloquium will offer students an opportunity to examine current tax policy issues in depth and at an advanced level, with discussions led by policymakers, economists and other tax experts. While other current policy issues will be discussed, the primary focus of the course will be an exploration of international tax reform, surrounding the current policy debate over whether the United States should adopt a territorial tax system or retain a worldwide tax system. The course will discuss various international reform proposals at a detailed level and examine the economic, tax policy and political considerations underlying the decisions that have been made in each proposal. The course will begin with a brief overview of our current international tax system and a comparison to other countries’ systems. It will explore the economic and policy literature surrounding the issues of economic welfare and competitiveness. The course will also examine other current tax policy issues, such as tax expenditures, cost recovery, and energy tax incentives. Reading materials generally will be supplied and will include economic and tax policy papers, legislative proposals, and technical explanations. The course is intended to be highly interactive with students discussing design and policy issues with several of the leading experts in the field. The grade for this course will be based primarily on papers that students submit, addressing policy topics discussed by the guest speakers. Useful class participation will be taken into account as a plus in determining the final grade. There will be no final exam.

Prerequisite: Federal Income Taxation (formerly Taxation I).

LAW 014 v01 Current Issues in Transnational (Private International) Law Seminar

J.D. Seminar (cross-listed) | 2-3 credit hours

This seminar provides an introduction to the increasingly important field of private international law as well as an opportunity to explore in depth specific issues now under active consideration in the various international and regional organizations working on the development, codification and harmonization of private international law. Beyond the “classic” questions of jurisdiction, choice of law, judicial assistance and enforcement of judgments, we will explore such substantive topics as international sale of goods, cross-border consumer protection, secured transactions, international securities law, international intellectual property, transport of goods by sea, transnational leasing law, dispute settlement mechanisms, international family law (including international adoption, abduction and enforcement of child support and family maintenance), international privacy and data protection, and even wills and trusts in their cross-border contexts. All students will be expected to choose a topic and to research and to present key findings and recommendations to the class.

This course requires a paper and an oral presentation. It is open to J.D. and LL.M. students. For J.D. students who choose the 3 credit “writing seminar” option, the objective will be to research and write analytical papers of publishable quality on discrete topics of current importance in transnational practice. Students will be required to satisfy the WR requirement including (1) selection of a paper topic approved by the professor, (2) submission of an outline, followed by feedback from the professor, (3) submission of a draft paper of at least 6,000 words exclusive of footnotes, followed by feedback from the professor, and (4) submission of a final paper of at least 6,000 words exclusive of footnotes, incorporating the professor’s suggested revisions. The paper must use legal forms of citation, where appropriate.

Learning goals for this course:

Familiarity with substance of "Private International Law"; ability to research effectively in the field; to write coherently and present conclusions orally; to understand relationship between international and domestic law.

Recommended: International Law I.

Note: This course requires a paper. Students must register for the 3 credit section of the course if they wish to write a paper fulfilling the Upperclass Legal Writing Requirement. The paper requirements of the 2 credit section will not fulfill the Upperclass Legal Writing Requirement.

LAW 1633 v00 Current Regulatory Developments in Business and International Taxation Seminar

J.D. Seminar (cross-listed) | 2 credit hours

In 2017 the United States enacted a historic tax reform package that represents the most significant change to the U.S. business and international tax regimes since 1986.  In addition to dramatically lowering the statutory corporate tax rate, the tax reform package included a series of novel provisions, including fundamental changes to the international tax system, multiple anti-base erosion measures, interest deduction limitations, and a deduction for certain qualified business income of pass-through entities.  Each of these provisions requires regulatory guidance from the Treasury Department, and Treasury has publicly committed to complete a number of guidance projects by the end of 2018.

This course will involve close reading of selected tax regulatory packages associated with the 2017 tax reform.  We will study these packages and speak with government representatives involved in crafting the packages and/or practitioners working on applying them.  Students will write reaction papers with respect to the regulatory packages we examine.  

LAW 2043 v01 Current Topics in International Investment Arbitration

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

International investment arbitration is a fast moving field, with new issues rapidly becoming pivotal to legal practice.  This weekly seminar will delve into the cutting-edge topics that promise to make a mark on the field.  For the 2018 edition of the course, these hot topics will include, among others, fundamental reform to the international investment dispute resolution system, the problem of corruption allegations, and the role of human rights in investment disputes.  The goal of this course is not only to inform students about these emerging issues, but also to give students the analytical tools needed to thrive in a field defined by rapid change.

The course will not rely on a casebook, but instead will use awards and articles to further its goal of exploring emerging issues.   Students are expected to read all of the materials and be prepared to engage in active discussion in each class.  Twenty-five percent of the grade will be based on class participation, twenty-five percent on participation in formal in-class debates during the last week of class, and fifty percent on a final paper (on an issue of the student’s choice) to be submitted at the end of the seminar.  As this is a class on questions for which there are few clear answers, there will be no final exam.

 

Strongly Recommended: It is recommended that students have completed a course in commercial or investment arbitration prior to the seminar, or otherwise have some experience in arbitration.

Note: Withdrawals are permitted up until the last class for this specific course.

LAW 1127 v00 Cyber and National Security: Current Issues Seminar

J.D. Seminar (cross-listed) | 2 credit hours

The goal of this seminar is to introduce students to the complex legal and policy questions that national security decision-makers face in their efforts to protect vulnerable public and private computer and communications networks from intrusion and attack. The course also addresses law and policy related to use of those networks to carry out military and intelligence operations. The course will focus primarily on United States law and policy, but many of the issues apply more broadly to others governments and international actors.

Although the subject matter of this course involves technology, no background in technology is necessary for this class. Grades will be based on 3 papers, approximately 8-9 pages each. In the papers, students will be asked to provide advice or argue a position to a senior policymaker or other client.

Recommended: International Law and/or national security related course.

LAW 1409 v00 Cyber Threats and Technological Insecurity: Emerging Legal, Policy, and Operational Challenges

J.D. Seminar (cross-listed) | 2 credit hours

This seminar will focus on significant legal, operational and policy issues arising from evolving global cyber threats and related technological issues, such as the Darkweb, encryption, and cybersecurity. The course will be taught by two instructors who work as federal prosecutors and policy advisors and collectively have hands-on experience investigating cybercrime, providing guidance to law enforcement investigators on technology issues, participating in the interagency policy process, developing and evaluating legislative proposals, and training foreign law enforcement partners. While the course will focus on challenges to federal law enforcement, it will also include in-depth perspectives from other significant stakeholders. Throughout the seminar, students will gain expertise in the legal framework and technical background that is necessary for effective advocacy – whether from a policy or litigation perspective – on the most challenging and controversial issues at the intersection of cyber threats, technology and security.

The course will consist of four components:

  1. Technology and Threat Landscape. The current cybercrime threat landscape, with a necessary focus on technological architecture and recent permutations.
  2. Legal Framework. The relevant constitutional and statutory legal framework attendant to combatting cybercrime and technological threats.
  3. Operational Case Studies. How cybercrime investigations are currently conducted, with a focus on tactics and practical considerations.
  4. Policy Challenges. Novel and emerging policy challenges relating to evolving technological trends.

Grading will be determined primarily based on a final paper. Significant weight will also be given to an in-class presentation and class participation.

Prerequisite: Criminal Justice (or Democracy and Coercion) or Criminal Procedure.

Note: Laptops may not be used during class sessions.

LAW 2052 v00 Cybersecurity Law

LL.M Seminar | 2 credit hours

This interactive lecture course will explore various legal and policy issues related to enabling a safe and secure Internet and protecting government and private sector networks. The topics to be discussed include relevant U.S. legal authorities, cybersecurity roles and responsibilities of government agencies, private sector cybersecurity risk management, information sharing, Internet governance, and the application of international law to nation state activity in cyberspace. Lectures by the professor and occasional guests with relevant expertise will be used to stimulate class discussion. Students will be assigned a short, ungraded (credit/no credit) reflection assignment to prepare for an in-class table top exercise, and an oral presentation on a topic selected by the student from a list provided by the professor. There will be a four-hour take-home exam that must be completed during the first week of the exam period.

LAW 3066 v00 Cybersecurity Law & Policy

LL.M Seminar (cross-listed) | 2 credit hours

This seminar will serve as an advanced LL.M. seminar covering topics in cybersecurity law and policy, with a focus on national security, military and international aspects. The seminar will include lecture, discussion and a significant research and writing component. This seminar is intended to serve as a complement to Cybersecurity Law, and students are welcome to take both courses. Grading will be based on a combination of short and medium papers and active class participation.

Recommended: Prior coursework in national security law highly recommended.

LAW 459 v01 Deals: The Economics of Structuring Transactions

J.D. Course (cross-listed) | 4 credit hours

This course examines how attorneys and other professionals create value through transaction engineering. The course is organized in two parts. The first part of the course studies various barriers to transacting, including collective action problems, information problems, risk and uncertainty, and contracting over time, and a range of responses grounded in game theory, contract theory, and decision theory. The second part of the course studies a series of real transactions. Students will be divided into work groups, each of which will be responsible for leading the class discussion on one of the transactions and for writing a group paper analyzing its transaction. Grades will be based on class participation, an individual problem set, the group paper, and a take-home final examination.

Prerequisite: Corporations.

Recommended: Prior or concurrent enrollment in Securities Regulation.

LAW 1219 v01 Demystifying Finance: A Short Course for Law Students (Spring Course)

J.D. Course (cross-listed) | 2 credit hours

This two-credit pass/fail course is designed to provide students with an understanding of the basic principles of finance and accounting in order to enhance their study of business law. The course is intended to provide students with little or no prior background in finance and accounting with an introduction to the core concepts, the essential vocabulary, and the basic tools of these two subject areas. The course will be taught in an intensive one-week format and will equip students with a basic primer of topics relevant to a range of business law courses. Accordingly, it covers subjects such as the time value of money, the distinction between debt and equity, the role of risk in valuing financial assets, and how assets and liabilities are described in accounting materials such as balance sheets and income statements.


An important goal for the class is give law students a better foundation in finance and accounting to deepen and accelerate their learning in corporate and business law subjects. This course will be different from a typical law school course offering. The faculty will employ business school teaching methods such as the use of problem sets both in class and in small group break-out sessions throughout the day. The problem sets are quantitative in nature and students will be expected to use basic algebra to solve them.


Note: This course is offered on a tuition-free basis in the 2016-2017 academic year.

Mutually Excluded Courses: Students may not receive credit for this course and Business Basics for Lawyers or Business and Financial Basics for Lawyers.

Note: The course will meet Monday, January 9 – Thursday, January 12, 2017, 9:00 a.m. - 4:45 p.m. on the main campus at the McDonough School of Business, Rafik B. Hariri Building, Room 440. The course will have a take-home exam that must be completed during the week of Friday, January 20th through Friday, January 27th, 2017. The course will be graded on a pass/fail basis and will not count towards the 7 credit pass/fail limit.

NOTE: WEEK ONE COURSE. FIRST CLASS ATTENDANCE IS MANDATORY. Attendance at all class sessions is mandatory and all enrolled students must attend the first class in order to remain enrolled. Students on the wait list must attend the first class in order to be admitted off the wait list. Enrolled students will have until the beginning of the second class session to request a drop by contacting the Office of the Registrar. Once the second class session begins, students may only seek a withdrawal by contacting an academic advisor in the Office of JD Academic Services. Withdrawals are permitted up until the last class for this specific course.

LAW 969 v00 Derivatives Market Regulation Under Dodd-Frank

LL.M Course (cross-listed) | 2 credit hours

The Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank) fundamentally transformed the regulation of the derivatives markets, particularly with respect to the previously unregulated swaps market. The transition to this new regulatory framework has presented new legal issues and operational challenges for market participants, including companies using swaps to hedge or mitigate commercial risk, swap dealers and other intermediaries, and entities operating market infrastructures, such as exchanges, clearinghouses, and new “swap execution facilities.” This course will focus on the regulation of derivatives under the Commodity Exchange Act, as amended by Dodd-Frank, and as implemented by the Commodity Futures Trading Commission, including an examination of the legal, regulatory and operational issues facing market participants and their responses in implementing this new regulatory structure. This course is designed as a “Derivatives 101” equivalent, providing a broad overview of the regulation of derivatives from a U.S. legal perspective that will serve as a foundation for more advanced coursework and reading. The course will include an in-depth look at the new regulatory requirements and issues with respect to (i) market transparency and integrity, such as preventing market manipulation, disruptive trading practices, and so-called excessive speculation; (ii) the increasing use of automated trading systems and high-frequency trading in commodity markets; and (iii) the interplay between Congress, the federal market regulators, and the entities subject to financial market regulation. Students will be presented with the same questions of law confronting attorneys advising entities trading in derivatives markets, regulators, and the courts.

LAW 847 v00 Developing & Financing Infrastructure Projects

LL.M Course (cross-listed) | 3 credit hours

This course will use recent transactions involving infrastructure projects (domestic and international) to illustrate the legal techniques and financial issues involved in project development and financing. The course will address case studies involving energy projects, telecom, toll roads, mining, ports, airports, other infrastructure and professional sports facilities. Class discussion will include analysis of how project risk analysis is done and review of key documents used to develop, construct and finance projects. Students will participate in simulated contract negotiation and drafting exercises representing designated parties to a transaction. Coverage will include different sources of financing, including banks, capital markets, ECAs and multinational entities. There will be both a final examination (open-book) and a short drafting exercise that will be graded. Classes 11/12 will be a half-day Special Offsite Negotiation Workshop on a Saturday, for which the class will be divided into groups to negotiate a financing term sheet for a model transaction.

The required course textbook is: 

E.R. Yescombe, Principles of Project Finance (London: Academic Press, an imprint of Elsevier, 2014) (2d Edition). Please note that the second edition is materially different from the first edition, and all page number and other references in this syllabus and in the course will be to the second edition.

Additional case studies, such as Henry A. Davis, ed., Project Finance: Practical Case Studies, Second Edition (two volume set: Volume I – Water and Power, and Volume II – Resources and Infrastructure), and other materials not in the above publication will be provided.

Learning objectives:

The course is based on four major themes and aims to teach students to analyze issues in light of each theme: (i) allocation of risk, (ii) non-recourse or limited recourse arrangements, (iii) effective contract structures, and (iv) financeability. The class will focus on both theory (risk analysis and mitigation) and practice (critiquing and drafting agreements). Both the written assignment and the workshop will focus on practical matters relating to practice issues.

Mutually Excluded Courses: Students may not receive credit for both this course and Domestic and International Project Finance & Development: Case Studies; or the J.D. course, International Project Finance; or International Project Finance and Investment and Project Development and Finance.

LAW 830 v00 Disclosure Under the Federal Securities Laws

LL.M Course | 2 credit hours

This course examines the disclosure requirements under the Securities Act of 1933 and the Securities Exchange Act of 1934 and related regulations. Disclosure requirements will be examined in the context of registered offerings as well as exempt offerings. The duty to disclose, the concept of materiality, the principles of integrated disclosure and the line item disclosure requirements of SEC regulations will be discussed. The regulatory treatment of forward looking disclosures, selective disclosure and disclosure of non-GAAP information also will be addressed. Topics will include special disclosure issues arising in connection with IPOs, periodic reporting and proxy solicitations. Regulatory developments and SEC practice and procedures will be covered, along with practice tips. Although the applicable regulatory framework will be reviewed, prior completion of a securities regulation course is necessary.

Prerequisite: Securities Regulation.

LAW 3061 v00 Discussion Skills for International Lawyers

LL.M Seminar | 2 credit hours

Discussion Skills for International Lawyers is required for students in the Two-year LL.M. Program. This semester-long course will focus on speaking and listening skills necessary to succeed in law classes in the United States, and students will complete a variety of assignments that will help develop their oral communication skills to participate in class. At the beginning of the semester, students will be evaluated on their oral communication skills and will be provided with an individualized pronunciation plan that address problematic sounds and intelligibility issues unique to each person. Thereafter, class time will be spent working on the articulation of individual sounds, word and sentential stress, and intonation. Students will also practice listening strategies to aid in the comprehension of a variety of American English accents they will likely encounter in the U.S. Finally, students will read texts related to current legal topics and practice the essential skills of being a good discussion facilitator and participant in a seminar class setting. 

Note: This class is restricted to students enrolled in the Extended LL.M. with Certificate in Legal English. This course is graded on an honors-pass-fail basis. 

LAW 1501 v00 Doing Business in Europe: Basics of Private International Business Law

J.D. Course (cross-listed) | 1 credit hour

This course will provide an overview of the European legal landscape from the perspective of an external, i.e. non-EU – typically: a US – entrepreneur. Special attention will be given to the field of private international law, comprising notably adjudicatory jurisdiction and conflict of laws. We hope to inspire class participants to develop essential skills and methods, which, if followed-up with independent further research, should eventually enable them to give legal advice on transatlantic business.

Note: Withdrawals are permitted up until the last class for this specific course.

LAW 160 v04 Drafting Contracts

LL.M Course | 2 credit hours

This course introduces foreign-educated LL.M. students to the principles, processes and techniques for drafting contracts in the United States. Students will develop skills in reading and interpreting a contract and will thereby better understand the function of its component provisions. Students will learn how to draft contract provisions with precision and clarity. Among the topics covered will be: the structure of the contract, representations, covenants, conditions, allocation of risk, incentives, stipulative provisions, remedies, enforceability, and applicable law. The course will address the lawyer’s role in deal-making, including the negotiation of the contract’s terms and related ethical and practical aspects of transactional practice. Some attention will be devoted to characteristics of U.S. legal culture that contribute to the distinct features of its contracts.

Note: The course is graded honors-pass-fail. This class is only open to foreign educated LL.M. students (i.e., those students who do not have a U.S. J.D. degree).
FIRST CLASS ATTENDANCE IS MANDATORY. All enrolled and waitlisted students must be in attendance at the start of the first class session in order to be eligible for a seat in the class.

LAW 160 v06 Drafting Contracts

LL.M Seminar | 2 credit hours

This course introduces foreign-educated LL.M. students to the principles, processes and techniques for drafting contracts in the United States. Students will develop skills in reading and interpreting a contract and will thereby better understand the function of its component provisions. Students will learn how to draft contract provisions with precision and clarity. Among the topics covered will be: the structure of the contract, representations, covenants, conditions, allocation of risk, incentives, stipulative provisions, remedies, enforceability, and applicable law. The course will address the lawyer’s role in deal-making, including the negotiation of the contract’s terms and related ethical and practical aspects of transactional practice. Some attention will be devoted to characteristics of U.S. legal culture that contribute to the distinct features of its contracts.

Note: This class is mandatory for, and restricted to, students enrolled in the Two-Year LL.M. with a Certificate in Legal English. This course is graded on an honors-pass-fail basis. Students who enroll in this course may not also enroll in the course Drafting Contracts.

LAW 919 v00 Drafting Partnership & LLC Agreements

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

This course applies practical approaches to assist students in understanding the tax and business arrangements of joint ventures, limited partnerships, and limited liability companies, ranging from the common to the complex. The course also presents and analyzes the drafting techniques necessary to actually implement such arrangements by concentrating on the tax and business provisions in term sheets and limited partnership/limited liability company agreements.

Prerequisite: Federal Income Taxation (formerly Taxation I), prior or concurrent enrollment in Taxation of Partnerships (recommended prior enrollment in Taxation of Partnerships).

Note: Withdrawals are permitted up until the last class for this specific course.

LAW 1102 v00 Drug Law and Policy Seminar: A Critical Perspective on the War on Drugs in the Americas

J.D. Seminar (cross-listed) | 3 credit hours

This seminar will explore the policy of prohibition on drug production, distribution and consumption that embodies the long-standing hemispheric “war on drugs”. It will examine the legal regime that underpins current policies on drug trafficking (international, transnational and domestic regulations) related to criminalization but also to arms’ sale and money laundering. We will reflect on the economic and social consequences that drug-trafficking prohibition has had in countries and communities situated on different sides of the global drug trade. Our focus will be primarily on the United States, Mexico and Colombia. The seminar will explore the dominant “law and order” criminalization paradigm and contrast it with other potential approaches that focus on public health and economic development. We will conclude by considering a range of potential policy alternatives to the current model.

LAW 1275 v00 Economic Analysis of Advanced Issues in Corporate Law Seminar

J.D. Seminar (cross-listed) | 2 credit hours

This course will examine a broad range of issues in corporate law. The aim is to expose the students to current corporate topics. Light economic and game theory reasoning shall often be applied. The only prerequisite or co-requisite is a basic corporations course. Formal training in economics or finance is not a necessity but some interest or at least tolerance to these disciplines shall be assumed.

Each meeting shall be devoted to a single topic in corporate theory and will consider one or two articles on the topic of the session. There will be no exam in the course. Instead, students will submit short 1-2 pages long memos on the readings prior to each session (6 memos per each student).

Topics to be covered include corporate acquisitions (defensive tactics, lock-ups, corporate freezeouts, and sale of control blocks), executive pay, gatekeepers, hedge fund activism, financial crises, and corporate control structures.

Before engaging in the corporate discussions we shall devote 2.5 meetings to learn basic game theory concepts and reasoning that will assist us along the way.

Prerequisite: Prior or concurrent enrollment in Corporations.

Note: This course will meet on a condensed schedule in Fall 2014 on the following dates: Wed, 9/3, Friday 9/5, Mon, 9/8, Wed, 9/10, Mon, 9/15, Wed, 9/17, Mon, 9/22, Wed, 9/24, Mon, 9/29, Wed., 10/1, Mon, 10/6, Wed, 10/8, and Tuesday, 10/14 (Monday classes meet).

LAW 139 v06 Economic Reasoning and the Law Seminar

J.D. Seminar (cross-listed) | 2 credit hours

This course covers a variety of selected economic concepts that have relevance for the study and practice of law, including economic incentives, bargaining, game theory, externalities, risk sharing, adverse selection, and decision theory.. The course does not provide a broad overview of the debate over "law and economics." Instead, it presents certain basic concepts in economics that are useful for lawyers and applies them to doctrinal and practice situations. Besides the reading and course paper, the course requirements include regular assignments of economics problems, which are turned in each class and then form the basis for much of the analysis and discussion. There is no economics prerequisite. This course will be accessible for students who do not have an extensive economics background, but want to learn to utilize economic arguments. However, it is open to all students.

LAW 1347 v00 Economic Regulation of Energy

J.D. Seminar (cross-listed) | 2 credit hours

This seminar will address the principles of economic regulation of energy production, transportation, and delivery. Energy drives the economy, and the substantial investment required to produce, refine, transport, and deliver energy brings with it significant government regulation. We will focus primarily on economic regulation of energy at the Federal level, with some discussion of parallel state regulatory schemes and federal-state jurisdictional issues. The starting point is an understanding of the physical aspects of energy—the different sources of energy and the practical aspects of extraction, refining, transportation, and delivery to users—and the application of economics and antitrust law to understand the rationale for extensive federal and state regulation of energy industries.

The seminar will consider early steps to regulate private industry for the public good, introducing students to principles of economic regulation, including dealing with natural monopolies, requiring certificates or permits for energy facilities, balancing the need for industry to attract capital with rate-payer protection through cost-of-service ratemaking, assuring “just and reasonable” rates and terms and conditions of service, preventing undue discrimination, relying on competitive market forces as a substitute for regulation (light-handed or market-based regulation), and partial deregulation. Key Federal agencies to be examined are the Federal Energy Regulatory Commission (FERC) and the Department of Energy. We also will touch on parallel issues at the state level, efforts to diversify energy sources and reduce environmental impacts, state-federal conflicts, and enforcement programs.

The seminar will include a practical in-class exercise where students will prepare and present argument in a mock hearing setting. Schedules permitting, there will be a visit to FERC and discussion with senior officials. There is a writing requirement, but no examination. Students will prepare a mid-term legal memorandum and a final course paper that addresses a significant legal or policy energy topic. Grades will be based on class participation and the two written submissions.

There are no prerequisites, although prior or concurrent enrollment in Administrative Law is helpful. This seminar does not fulfill the Upperclass Legal Writing Requirement.

Recommended: Prior or concurrent enrollment in Administrative Law is helpful, but not required.

LAW 096 v02 Education Law

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

This course provides a survey of education law in elementary and secondary schools as set forth in federal and state constitutional doctrine, federal and state statutes and regulations, and local government ordinances.  A large part of the class will focus on equal educational opportunity across a wide variety of dimensions.  Other topics may include compulsory schooling, the regulation of student speech, due process and discipline, school choice, and education standards.  Throughout the course, we will consider the sometimes cooperative, sometimes contested relationships among the federal, state, and local governments; among legislatures, courts, and agencies; and among governments, parents, and children.  

Learning goals:

  • Students will be able to identify the legal rules and doctrines that apply to the topics covered.
  • Students will be able to apply those legal rules and doctrines to specific contested situations. 
  • Students will be able to evaluate those legal rules and doctrines from different normative perspectives. 

Mutually Excluded Courses: Students may not receive credit for this course and Education Law and Policy. 

LAW 096 v01 Education Law and Policy

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

Students examine legal issues relating to regulating and reforming elementary and secondary education through an analysis of federal and state court cases. They identify important legal standards/rules and explore how legal precedents could be applied to different situations across the country. Students also analyze issues relating to civil liberties, civil rights, and educational policy and authority. It is divided into three major areas of study: Democratic Education and the First Amendment; Equal Educational Opportunity; and Education Reform and the Law.

Mutually Excluded Courses: Students may not receive credit for both this course and Education Law or Education Law: Civil Rights and Civil Liberties. Students MAY receive credit for this course and Education Law: School Reform.

LAW 195 v05 Election Law: Voting, Campaigning and the Law

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

This course examines federal and state law regulating the conduct of elections and the financing of campaigns. Included are aspects of federal and state constitutional law on speech, association, and equal protection; and particularly problems of apportionment, gerrymandering, race-conscious districting under the Voting Rights Act, and barriers to voting. With respect to campaign finance, we consider how much and what kinds of legal regulation are constitutionally appropriate regarding parties, candidates, independents, political action committees, corporations, unions, and individuals.

LAW 1197 v00 Emerging Law Governing Digital Information

J.D. Seminar (cross-listed) | 2 credit hours

This course responds to the compelling need for lawyers to help companies navigate the rules for managing and governing digital information assets in the 21st century. Students will explore the growing portfolio of laws and regulations that control how digital information assets and systems are developed and maintained, as well as the impact of digital records on the ability of companies to operate within existing legal frameworks. Readings, discussions, and student contributions will illuminate the strategies required for navigating through legal, technology, and compliance risks. Both domestic and international legal materials will be examined, to enable the comparative challenges of global online business.

Topics include the structure and governance of information systems and markets; the corporate duties to preserve digital information; the regulation of information systems and networks; information sharing and security between the private and public sectors; and future trends in information governance.

The course is highly interactive, emphasizing in-class student analyses, rapid-fire group collaboration, and the use of innovative visual tools enabling students to navigate the complexity of legal and technology rules. In completing this course, students will have enhanced their abilities to work in diverse career tracks, including in-house compliance, risk management, and regulatory counsel roles.

The grade will be based on class preparation and participation, as well as a final take-home examination.

Prerequisite: Prerequisites: Contracts or Bargain, Exchange, and Liability (or for foreign-educated LL.M. students, Foundations of American Law, Introduction to U.S. Legal Methods or a Contracts equivalent course from the home country).

Recommended: One or more of Evidence, Commercial Law: Payment Systems, or Commercial Law: Sales Transactions.

No special technology background or experience is required; however, students will be expected to prepare and submit work electronically.

Note: Students in this course will be charged a course materials fee to cover commercial materials that the Law Center purchases at the faculty’s request on behalf of enrolled students. This additional fee will be placed directly on a student’s account on February 25, 2015. Students who drop the course will not be charged, but students who are approved to withdraw from the course after add/drop will not be refunded. Courses that start after the Spring add/drop deadline (January 20, 2015) have until the beginning of the second class session to drop the course.

LAW 1337 v00 Empirical Analysis for Lawyers and Policymakers Seminar

J.D. Seminar (cross-listed) | 2 credit hours

This seminar is intended to help students become better consumers of empirical work in the law and social sciences. By the end of the semester, students should: (1) understand the basics of some common empirical methodologies; (2) see how empirical work can inform public policy; and (3) have a better sense of the limits and problems inherent in empirical work.

Each week, we will cover one or more policy-relevant empirical papers that students will be expected to read. Students will submit a 1-2 page analysis of an assigned paper before class. Each paper will introduce students to a particular empirical methodology, or show how it might be applied in a particular policy setting.

Topics will be drawn from a variety of areas, including criminal law, education, health, development, and labor. For example, we might study questions like: what is the impact of education on earnings? How do 401(k) plans affect people’s savings decisions? How does a change in the minimum wage affect labor supply? Do minimum drinking ages reduce drunken driving deaths? What are the benefits and limits of randomized controlled trials?

Toward the end of the semester, students will be asked to write an 8-10 page paper that analyzes in detail an empirical paper of their own choosing (selected from a list I will provide). If there is time, students will be asked to present their analysis to the class in a final presentation.

Grades will be based on the short 1-2 page analyses, the 8-10 page final paper and presentation, and classroom participation.

Recommended: Some background in statistics or econometrics is helpful but not required. More important is a willingness to engage with unfamiliar material and a deep interest in learning.

LAW 3011 v00 Employee Benefits Practicum

LL.M Course (cross-listed) | 4 credit hours

This course will focus on the practical application of ERISA principles as applied to qualified and non-qualified retirement plans, health and welfare plans and executive compensation. Students will draft plan documents and summary plan descriptions; review employee communications; draft memos and responses to participant inquiries; conduct legal research; conduct due diligence with respect to employee benefits in corporate transactions; negotiate and draft the asset purchase provisions of corporate transactions; negotiate and draft vendor contract provisions; review Securities & Exchange filings with respect to employee benefit plan footnotes and executive compensation disclosures; review the principles of employee benefits in bankruptcy; review principles of labor law as it impacts employee benefits in collective bargaining; review the avoidance and management of ERISA litigation; consider the legal ethics with respect to representing various parties in an ERISA dispute; and other practical considerations in dealing with employees, government agencies, participants, insurance companies and other vendors and plan sponsors.

Prerequisite: Federal Income Taxation (formerly Taxation I), Employee Benefits: Qualified Retirement Plans, Employee Benefits: Executive Compensation, Employee Benefits: Health & Welfare Plans.

If you do not have any experience or knowledge about employee benefits, you need Professor approval to take this class.

Mutually Excluded Courses: Survey of Employee Benefits Law

Note: Required for the Employee Benefits Certificate.

This course is open to J.D. students by professor permission only - no exceptions. Interested students should contact Ellis Duncan via email at ged5@law.georgetown.edu no later than August 1, 2018 for permission to take this class.

LAW 3004 v00 Employee Benefits: Executive Compensation

LL.M Seminar (cross-listed) | 2 credit hours

This class will focus on the tax aspects associated with nonqualified deferred compensation, including the tax doctrines of constructive receipt and economic benefits, as well as the three different income tax regimes set forth in section 409A, section 457A and section 457(f), and the employment tax regime under section 3121(v). In addition to exploring the various rules and the Federal tax consequences under these and other Code sections, including sections 162(m) and 280G, consideration will be given to the tax policy issues driving the varying treatment and the design, drafting and implementation of many types of executive compensation arrangements, including equity compensation awards, traditional nonqualified deferred compensation plans, SERPS, excess benefit plans, rabbi trusts and top hat plans. This class will also provide an introduction to the registration and reporting requirements under the Securities Act of 1933 and the Securities Exchange Act of 1934, respectively, regarding executive compensation arrangements.

Prerequisite: Federal Income Taxation (formerly Taxation I).

Mutually Excluded Courses: Students may not receive credit for this course and Taxation of Nonqualified Deferred Compensation.

Note: This course is required for the Employee Benefits Certificate.
This course is open to J.D. students by professor permission. Interested students should contact Ellis Duncan via email at ged5@law.georgetown.edu no later than August 1, 2018 for permission to take this class.

LAW 3003 v00 Employee Benefits: Health & Welfare Plans

LL.M Seminar (cross-listed) | 2 credit hours

This course focuses on the tax and ERISA aspects of employer-sponsored health and welfare benefit plans. The tax discussion will concentrate on the conditions for favorable tax treatment of health and welfare benefits (and other statutory fringe benefits), the cafeteria plan rules, the applicable nondiscrimination requirements, and the special rules applicable to funded welfare benefits. The ERISA discussion will focus on plan design, reporting and disclosure, claims procedures, and fiduciary duty rules. The course will integrate the tax and labor aspects of the Affordable Care Act.

Prerequisite: Federal Income Taxation (formerly Taxation I).

Mutually Excluded Courses: Students may not receive credit for this course and Health and Welfare Benefit Plans: Tax & ERISA Aspects.

Note: This course is required for the Employee Benefits Certificate.

This course is open to J.D. students by professor permission. Interested students should contact Ellis Duncan via email at ged5@law.georgetown.edu no later than August 1, 2018 for permission to take this class.

LAW 3005 v00 Employee Benefits: Qualified Retirement Plans

LL.M Seminar (cross-listed) | 2 credit hours

This course addresses the basic structure, operation, and requirements for establishing and maintaining tax-qualified pension, profit-sharing, and 401(k) plans under section 401(a) of the Internal Revenue Code and related provisions of ERISA, including plan document, coverage, accrual, vesting, nondiscrimination requirements, taxation of distributions and related fiduciary obligations.

Prerequisite: Federal Income Taxation (formerly Taxation I).

Mutually Excluded Courses: Students may not receive credit for this course, Retirement Plan Qualification Requirements, Retirement Plans - Design and Taxation, or Retirement Income: Taxation and Regulation.

Note: This course is required for the Employee Benefits Certificate.
This course is open to J.D. students by professor permission. Interested students should contact Ellis Duncan via email at ged5@law.georgetown.edu no later than August 1, 2018 for permission to take this class.

LAW 1290 v00 Energy and Environment Seminar: Hydraulic Fracturing

J.D. Seminar (cross-listed) | 2 credit hours

This seminar will examine the many policy and legal implications of the explosive growth of hydraulic fracturing, which has dramatically increased U.S. oil and gas production through the application of new drilling technology. As a foundation for this examination, the seminar will begin with the nuts-and-bolts of fracturing technology, how it differs from conventional production methods and what environmental impacts it can cause. The seminar will then focus on how fracturing is reshaping the U.S. energy production map and affecting energy prices and markets domestically and internationally. The seminar will then address a set of case studies that bring into focus key areas of legal and policy debate. Areas to be covered include: Is the science sufficient for policymakers to make thoughtful decisions to authorize or ban fracturing? What should the federal and state roles be in regulating fracturing and how much authority to control fracturing exists at the federal and state levels? Should individual cities and towns be allowed to ban fracturing or should that decision be made by states for all their communities? Is increased production of natural gas due to fracturing a positive or negative development from the perspective of addressing the global warming threat? In addition to writing papers, students will be divided into teams that will prepare classroom presentations about how key states have grappled with the challenges posed by hydraulic fracturing.

Prerequisite: Prior enrollment in at least one of the following courses: Environmental Law or Energy Problems Seminar: Climate Change and Other Energy Issues or Energy Regulation: A Practical Approach (formerly Economic Regulation of Energy).

LAW 1455 v00 Energy Law

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

This course examines in detail the regulatory regimes governing the sale and delivery of energy in the United States. The focus will be on the economic regulation of electricity and fossil fuel markets. Students will develop a working understanding of how electricity, oil and gas markets are regulated: i.e., how federal and state regulatory commissions regulate price and competition in interstate energy markets under the Federal Power Act and the Natural Gas Act, respectively, and in intrastate markets under analogous state laws. Other topics will include (i) how the law is evolving to address the rapid growth in renewable generation, (ii) the move toward increasing competition and market pricing in energy markets, (iii) the siting of natural gas pipelines and electric transmission lines, (iv) state regulation of oil and gas production, including fracking, (v) rules governing the development of LNG terminals, and (vi) disputes over the pricing and regulation of distributed energy resources (such as rooftop solar or demand response), and more.

Mutually Excluded Courses: Students may not receive credit for both this course and Energy Law and Policy.

LAW 1472 v00 Energy Law and Policy

J.D. Seminar (cross-listed) | 2 credit hours

This course will present the framework for the governance of energy production, distribution and use in the United States, and provide a foundation for future coursework on these subjects. While the course will focus primarily on U.S. law, it will address some international subjects and examples. Topics will include the evolving U.S. fuel mix and market dynamics, utility restructuring and grid modernization, roles of state and federal governments, the role of different policymakers and regulatory bodies in overseeing U.S. energy systems, relevant environmental laws, and emerging policy issues. There are no prerequisites, although experience with administrative law or environmental law would be beneficial.

Learning Objectives:

  1. Substantive expertise
    • The physical nature of the energy system (how it is produced, distributed, and used)
    • Common terminology and acronyms related to energy and its regulation
    • Key statutes and regulations applying to energy production, distribution and use, and key cases interpreting this legal framework
    • Current issues being debated in energy law
  2. Understanding of governance structure
    • The roles and responsibilities of different policymakers and regulators (e.g., economic regulators, environmental regulators, natural resource managers, legislators) and how they relate to each other
    • State and federal responsibilities in overseeing the energy system
  3. Legal and policy skills
    • How to explore questions of regulatory authority by state and federal agencies
    • How to write analytically about legal and policy questions

Recommended: Administrative Law, Environmental Law.

Mutually Excluded Courses: Students may not receive credit for both this seminar and Energy Law.

LAW 142 v02 Energy Problems Seminar: Climate Change and Other Energy Issues

J.D. Seminar (cross-listed) | 2-3 credit hours

This seminar considers economic, political, and legal aspects of current problems in the petroleum, natural gas, electrical, nuclear, coal and alternative energy industries with particular focus on global warming and the impact of climate change policies on energy use in the United States and abroad. In addition to the connection between global warming and energy, the seminar will examine: (1) the nexus between U.S. energy policy and Middle East wars and diplomacy; (2) the future of energy deregulation; (3) tensions between state and federal efforts to address energy issues; and (4) the problems and prospects of introducing new fuels and fuel sources, including nuclear, hydrogen, and renewables, into the U.S. and world economies. As these subjects sweep across the entire economy, they touch upon several fields of law: administrative law, antitrust, constitutional law, environmental law, oil and gas law, public utility regulation, and international law (both public and private).

Note: This seminar requires a paper. Students must register for the 3 credit section of the seminar if they wish to write a paper fulfilling the Upperclass Legal Writing Requirement. The paper requirements of the 2 credit section will not fulfill the Upperclass Legal Writing Requirement.

LAW 1347 v01 Energy Regulation: A Practical Approach

J.D. Seminar (cross-listed) | 2 credit hours

This seminar focuses on the practical application of core and extended legal principles applicable to the electric, natural gas, and oil transportation industries. We will address challenges associated with the formation and implementation of energy policy by examining regulatory reforms and judicial decisions that continue to shape investment and operations. Taking a holistic approach that embraces financial, technological, and environmental factors, we will explore efforts to enhance the touchstones of fairness, efficiency, reliability, adequacy, and enforcement in domestic energy industries.

Several key statutes form the framework of energy law, including the Federal Power and Natural Gas Acts. We will extend a survey of the organic development of these statutes to the policy framework the Federal Energy Regulatory Commission has devised to achieve national goals. Foundational constitutional guideposts such as the Commerce Clause and Federalism will frame discussions while cost of service ratemaking, market-based rates, and market manipulation, with case examples and attendant legal principles, will be introduced. Diverse doctrines such as Mobile-Sierra and Chevron, among others, are considered to explore their impacts in areas such as wholesale price formation and agency initiatives, respectively.

By discussing norms of agency practice, we help students gain insight into current and evolving practices along the production-transmission-distribution continuum. Introduction and analysis of smart grid, demand response, low carbon goals, and other recent developments will be presented to connect current regulatory preoccupations to new challenges. Concepts such as cost causation and undue preference will be studied in contemporaneous contexts to convey the dynamics of rapidly evolving technologies, industry economics, and politics. In sum, the seminar’s emphasis on the practical application of energy law concepts will help students spot issues and assess controversies in the energy sphere.

The seminar will include two practical oral exercises, wherein students will prepare and present argument or negotiation positions in a mock setting and receive feedback on performance. The second exercise will be graded. There is no final examination; students will write a final paper on an energy law topic of their choice. Schedules permitting, there will be a visit to FERC and discussion with Commission staff. Grades will be based on class participation, the second practical oral exercise, and the final paper.

This seminar does not fulfill the Upperclass Legal Writing Requirement.

Recommended: Prior or concurrent enrollment in Energy Law or Energy Law and Policy.

Note: Students may not withdraw from this class after the add/drop period ends without the permission of the professor.

LAW 2009 v01 Energy Trading and Market Regulation

LL.M Course (cross-listed) | 2 credit hours

Energy markets are dynamic and growing rapidly, creating new business opportunities and legal challenges not only for traditional energy companies such as utilities, pipelines, natural gas producers and independent power producers, but also for newer market entrants including investment banks, demand response providers, smart grid and renewable energy companies, hedge funds, and large industrial and commercial consumers of natural gas and electricity. The course will focus on the economic regulation of physical wholesale energy markets by the Federal Energy Regulatory Commission (FERC), primarily the regulation of transportation, price and competition in the electric and natural gas markets. We will examine six main areas: (i) restructuring and deregulation under the Federal Power Act and Natural Gas Act; (ii) the current model of energy market enforcement and compliance derived, in large part, from securities market regulation; (iii) the legal, regulatory and market responses to ongoing challenges, including market based pricing, market structure and the prevention of market manipulation and market power abuse; (iv) foundational laws and policies governing energy markets and non-discriminatory transportation by wire and pipeline of the electricity and natural gas commodities; (v) “hot topics” such as the shale gas revolution, pipeline and electric transmission infrastructure development and cost allocation, and integrating demand resources and renewables; and (vi) the constant interplay among Congress, energy regulatory agencies and market participants. Students will gain an appreciation for the legal and market challenges confronted by market participants. Some sessions will feature guest lecturers. There will be no examination. Instead, each student’s grade will be based on a final paper that takes a position on a key legal or policy issue and defends that position persuasively.

LAW 715 v01 English for International Lawyers

LL.M Seminar | 1 credit hour

This class gives students an introduction to the United States and its legal system. After studying the history of the crafting of the U.S. Constitution, students are given an overview of the American legal system and relevant guidelines relating to case reading and the language of the law.

Note: This Class is Restricted to Students Enrolled in the Two-Year LL.M. with Certificate in Legal English. This course is graded on an honors-pass-fail basis.

LAW 656 v00 Entrepreneurship and the Law: Evaluating Client Business Plans and Growth Strategies

J.D. Course (cross-listed) | 2 credit hours

This two-credit course will focus on the processes and challenges of entrepreneurship and the legal and strategic roles that a lawyer plays as an advisor to early-stage and rapid-growth companies. Topics will include: the entrepreneurial mindset, capital formation, resource management, forecasts and projections, leadership and team building, the entrepreneur-attorney relationship, leveraging intellectual capital and related growth strategies. Students will work in teams on mid-term assignments and a final assignment that will include analyzing a business plan. The goal of these exercises is to develop the skills that are essential to the evaluation of business plans and strategic growth of companies and to build an advisory skill set. Guest speakers will include entrepreneurial leaders, accountants, investment bankers and others involved in the entrepreneurial advisory process. Students who are interested in representing and advising entrepreneurs and start-up companies or in becoming entrepreneurs themselves will benefit from this class. This class also will be beneficial for JD/MBA joint degree students.

Prerequisite: Corporations.

Recommended: Corporate Taxation (formerly Taxation II).

Mutually Excluded Courses: Students may not receive credit for both this course and Entrepreneurship: Scaling a Business from Inception to Exit or Entrepreneurship: The Lifecycle of a Business.

LAW 1489 v00 Entrepreneurship: Scaling a Business from Inception to Exit

J.D. Seminar (cross-listed) | 1 credit hour

Entrepreneurship: Scaling a Business from Inception to Exit is a class for law students taught by entrepreneurs who formerly were lawyers. For those students interested in starting or working for an early-stage company at some point in their careers, this course will equip them with practical information and strategies that will prove useful throughout the entrepreneurial process. The curriculum will focus on all aspects of entrepreneurship, including: idea generation and business plan creation; forming a company; recruiting a team of key employees and advisors; developing a product/service; raising capital; business development / sales / marketing; Board and investor relations; and fostering a strong business culture. The course will conclude by focusing on a host of issues surrounding exit transactions.

The course will be broadly applicable to students interested in entrepreneurship. It uses a real-world approach to learning, leveraging heavily off the extensive experience of the two professors who themselves have engaged in multiple entrepreneurial ventures, as well as guest speakers with particular expertise in certain topics covered by the course.

Mutually Excluded Courses: Students may not receive credit for both this seminar and Entrepeneurship and the Law: Evaluating Client Business Plans and Growth Strategies or Entrepreneurship: The Lifecycle of a Business.

Note: This course is mandatory pass/fail and will not count toward the 7 credit pass/fail limit for J.D. students.

Attendance at all class sessions is mandatory and all enrolled students must attend the first class in order to remain enrolled. Students on the wait list must attend the first class in order to be admitted off the wait list. Enrolled students will have until the beginning of the second class session to request a drop by contacting the Office of the Registrar. Once the second class session begins, students may only seek a withdrawal by contacting an academic advisor in the Office of JD Academic Services. Withdrawals are permitted up until the last class for this specific course.

LAW 1617 v00 Entrepreneurship: The Lifecycle of a Business

J.D. Course (cross-listed) | 2 credit hours

This course is targeted towards law students who are interested in participating in an entrepreneurial venture at some point in their career, whether in a business or legal role (i.e., as internal or external advisor).  To be clear, it is a business class, not a traditional law class, although legal issues will be highlighted and addressed throughout, as they would be if taught to business students since business and legal issues are always closely intertwined. The primary objective of this course is to give students an understanding of and appreciation for the primary and critical steps in the lifecycle of a start-up, from inception to raising capital to scaling/business execution to exit. 

The course takes a real-world approach to learning, leveraging heavily off the extensive experience of the Professor, who has successfully executed two entrepreneurial ventures, as well as guest speakers with particular expertise in certain topics covered by the course and a simulation group exercise involving a real-life start-up scenario.  This perspective should help prepare students for the real-life challenges – and rewards – of engaging in entrepreneurship and business building.  This course is aimed at law students who are interested in participating in an entrepreneurial venture at some point in their career, whether in a business or legal role (i.e., as internal or external advisor).  

Course Goals / Student Learning Outcomes:

  • At the end of the class, students will understand how to:
    • start and structure a business with the right team and idea;
    • draft an effective business plan, raise capital from different sources;
    • build a collaborative company culture and infrastructure for scalability; and
    • exit the business while maximizing value, among other important topics.
  • The goal is to give students an understanding of and appreciation for the primary steps in the lifecycle of a start-up, from inception to raising capital to scaling/business execution to exit.
  • Students will gain an appreciation for the practical requirements and challenges (and rewards) of starting and building a business, as well as the attendant legal issues at each step in the start-up process.

Recommended: Corporations. 

Mutually Excluded Courses: Students may not receive credit for this course and Entrepreneurship and the Law: Evaluating Client Business Plans and Growth Strategies or Entrepreneurship: Scaling a Business from Inception to Exit.

LAW 1277 v00 Environmental Dispute Resolution Seminar

J.D. Seminar (cross-listed) | 3 credit hours

The Environmental Dispute Resolution Seminar explores the characteristics of environmental disputes and, through various simulations, serves to sharpen students’ skills in negotiation, litigation, client communication, persuasive writing, and oral advocacy. The Seminar will center around simulations based on a complex civil environmental law dispute that initiates as a negotiation, proceeds to litigation, and culminates in a court-ordered mediation with a third-party neutral. The course examines the roles lawyers play in each approach, as students assume the role of attorneys from a governmental agency, public interest organization, and outside counsel for a corporate defendant. Through the environmental law simulations, students will evaluate the utility and limitations of the negotiation, mediation, and litigation approaches to resolution. The Seminar will focus on developing each student’s understanding of the strategic decisions an attorney must make during various phases of dispute progression and resolution, including pre-enforcement determinations regarding compliance counseling. Students will also write a major motion that will fulfill the Upperclass Legal Writing Requirement, submitting a draft for review and comment before the final product. Environmental Law is a prerequisite for this course.

Prerequisite: Environmental Law.

Strongly Recommended: Prior or concurrent enrollment in Administrative Law. Foreign-trained LL.M. students must have completed a course in U.S. civil procedure, and U.S. Legal Research Analysis & Writing is strongly recommended.

LAW 1274 v00 Environmental Justice Seminar: Law, Theory and Practice

J.D. Seminar (cross-listed) | 2 credit hours

This course will cover the history and evolution of the environmental justice movement in the Unites States. This social movement aims to promote the fair distribution of environmental benefits and harms and incorporate the meaningful involvement of all people in the development, implementation, and enforcement of environmental laws and policies. We will specifically analyze the legal, theoretical and policy issues surrounding this contemporary movement. Key topics to be covered are: an examination of environmental problems faced by between race, poverty and the environment; the variety of legal sources to redress environmental justice concerns; the relationship between traditional environmental movements and the environmental justice movements; the emerging framework of international environmental justice, among other topics.


The course is organized as a seminar in which students are expected to participate in weekly discussions and to write weekly response essays based on the readings. The grade will be based on class participation (including the response essays), and a final research paper. The last few weeks of the semester will be reserved for student presentations of their research paper.

LAW 146 v01 Environmental Law

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

This course covers the key laws developed to control pollution. The main focus of the course is on current statutes, including the National Environmental Policy Act, the Clean Water Act, the Resource Conservation and Recovery Act, the Superfund Act (CERCLA and SARA), and the Clean Air Act. Other statutes, such as the Toxic Substances Control Act, as well as climate change, are addressed briefly. Common law and pre-1970s efforts to develop law to obtain control are also reviewed. Relying on their practical experience, the instructors address application and interpretation of the statutes, Congressional actions to extend and modify the statutes, regulatory implementation of the statutes by executive agencies, enforcement policy and practice, the role of states, citizens' groups and industry, and private efforts at clean-up. The professors use problems to help students understand the practical application of the statutes in real-world contexts.

Strongly Recommended: Prior or concurrent enrollment in Administrative Law.

LAW 146 v08 Environmental Law

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

This course focuses on legal strategies to regulate and remedy environmental harms. The course is designed to prepare transactional lawyers, regulatory lawyers, government counsel and litigators, as well as students interested in specializing in environmental law. A major goal of the course is to introduce students to the analytical skills necessary to understand and work in this and other predominantly statutory and regulatory fields. The course starts by reviewing economic, ecological and historical perspectives on protection of the environment. We also briefly cover common law environmental claims. We then turn to several cross-cutting public environmental law issues, namely discussion of regulatory design choices, federalism issues, a brief introduction to important administrative law concepts, cases, and doctrine, and analysis of the role of citizens as enforcers under US environmental laws. We then turn to in-depth analysis of key portions of several of the most significant federal environmental laws, including hazardous waste cleanup laws, the National Environmental Policy Act (NEPA), the Endangered Species Act, the Clean Air Act, and the Clean Water Act. We will also look at the developing body of law regarding climate change.

LAW 146 v09 Environmental Law

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

This course focuses on legal strategies to regulate and remedy environmental harms. It is designed to prepare transactional, regulatory, and government lawyers, and students interested in specializing in environmental law. A major goal of the course is to introduce students to the analytical skills necessary to understand and work in this and other predominantly statutory and regulatory fields. The course starts by reviewing economic, ecological and historical perspectives on protection of the environment. We also briefly cover common law environmental claims. We then turn to an in-depth analysis of the key laws developed to control pollution: the National Environmental Policy Act, the Clean Water Act, the Resource Conservation and Recovery Act, the Superfund Act (CERCLA and SARA), and the Clean Air Act. Other key topics such as climate change, enforcement policy and practice, and the role of states, citizens' groups and industry are addressed briefly. The professor will use problems to help students understand the practical application of the statutes in real-world contexts.

LAW 2077 v00 Environmental Lawyering

LL.M Seminar | 1 credit hour

This course will explore the many aspects of practicing environmental law – across media (water, land, air, and the energy sector), across levels of government (local, state, federal, international), and across scales (local land use to global climate change). It will also expose students in our specialized environmental LLM to many aspects of legal practice. For example, students will be introduced to litigation, client counseling, advocacy, rulemaking and policymaking for environmental and energy attorneys. Throughout the course of the semester, students will be introduced to several members of the Georgetown environmental law faculty and leading practitioners and will form a community among students in our environmental law LLM degree program. The course is organized as a seminar in which students are expected to write reflective essays informed by our readings and to participate actively in discussions. The grade will be based on class participation and reflective memos with extra weight given to a final summary memo. The course meets every two weeks over lunch throughout the fall semester.

Note: This course is required for the Environmental Law LL.M. program and is restricted to LL.M. students admitted to that program.

LAW 156 v01 Environmental Research Workshop

J.D. Seminar (cross-listed) | 3 credit hours

The Environmental Research Workshop has three primary objectives: to (1) acquaint students with some of the best contemporary scholarship in environmental, natural resources, and energy law; (2) create an intellectual forum at Georgetown that brings together some of the nation's foremost academic scholars with law- and policy-makers in the fields of environmental, natural resources, and energy law for the exchange of ideas, and to allow students to participate in that forum; and (3) provide students with an opportunity to produce some substantial legal scholarship on an environmental, natural resources or energy law-related topic. The centerpiece of the course is a series of workshop meetings, during which a leading academic or practitioner will present a paper or other written material, followed by commentary. Previous workshop speakers have included nationally recognized scholars writing about market-based regulation, risk analysis, environmental justice, climate change, endangered species, statutory interpretation, and other timely topics. Commentators have included a federal appellate judge, a Deputy Solicitor General, the general counsel for the U.S. Environmental Protection Agency, and the Counsel to the Secretary of the Interior, among others. Students will have an opportunity to present drafts of their papers to the class and respond to questions about them.

Students can fulfill their Upperclass Legal Writing requirement by producing a substantial piece of scholarly writing. Any student wishing to do this must register for the three (3) credit section of the course. JD students have the option of enrolling in the course for two instead of three credits. Those who pursue the two-credit option will not be responsible for preparing a substantial scholarly paper. They will instead draft the equivalent of three 4-5 page more detailed written critiques of papers being presented by the outside speakers. These critiques will be shared with the outside speaker. The paper requirements of the 2-credit section will not fulfill the Upperclass Legal Writing Requirement.

Prerequisite: Prior or concurrent enrollment in the basic survey class in environmental law, natural resources law, or international environmental law. Exceptions may be made with the consent of the Professor.

Note: This seminar requires a paper. J.D. students must register for the 3 credit section of the seminar if they wish to write a paper fulfilling the Upperclass Legal Writing Requirement. The paper requirements of the 2 credit section will not fulfill the J.D. Upperclass Legal Writing Requirement.

LAW 754 v01 Epidemiology for Lawyers

LL.M Seminar (cross-listed) | 1 credit hour

This course addresses the growing use of empirical methods in health law and policy, as well as in a variety of related fields, such as environmental policy, toxic torts, and biopreparedness. It provides basic training in the methods of epidemiology, risk assessment, and biostatistics. The goal of the class is to produce lawyers, policy-makers, and advocates who can critically evaluate study design and analytical methods and who have sufficient scientific literacy to be able to participate effectively in multi-disciplinary teams with scientists and health professionals. In addition to the core methodological components, focus topics—such as tobacco control, documenting human rights violations, and the impact of urban design on obesity—will be examined. There is no math or science prerequisite; quantitative skills needed for the class will be developed through instruction and exercises.

Note: Not intended for MPH students. No prior knowledge of Epidemiology is assumed.

WEEK ONE COURSE. This seminar will meet for one week only on the following days: Monday, January 8, 2018 through Friday, January 12, 2018, 1:30 p.m. - 4:05 p.m.

This course is mandatory pass/fail and will not count toward the 7 credit pass/fail limit for J.D. students.

Attendance at all class sessions is mandatory and all enrolled students must attend the first class in order to remain enrolled. Students on the wait list must attend the first class in order to be admitted off the wait list. Enrolled students will have until the beginning of the second class session to request a drop by contacting the Office of the Registrar. Once the second class session begins, students may only seek a withdrawal by contacting their academic advisor in the Office of Graduate Programs. Withdrawals are permitted up until the last class for this specific course.

LAW 833 v00 Estate Planning: Estate and Gift Tax

LL.M Course (cross-listed) | 2 credit hours

This course is an overview of the federal estate and gift tax. Beginning with the gift tax, topics covered will include what constitutes a taxable gift, what types of property transfers are not gifts, and when a gift is treated as complete for Federal gift tax purposes. Students will explore both outright gifts and gifts in trust. The course will then turn to the estate tax, including what assets are included in a decedent's estate by virtue of "strings" the decedent retained on gifts made during lifetime. The gift and estate tax marital and charitable deductions will be covered, as well as the various gift and estate tax techniques often employed to reduce the tax on lifetime gifts and testamentary bequests. The matters covered in class are illustrated by examples drawn from current estate planning practice, recent cases and Internal Revenue Service rulings. Students will be evaluated based on a two-hour multiple-choice final exam.

Prerequisite: Federal Income Taxation (formerly Taxation I), Decedents' Estates or equivalent, or concurrent enrollment in Wills & Trusts. This course is taught at an advanced level, and it is strongly recommended that students have completed Income Taxation of Trusts, Estates, and Beneficiaries and a J.D. course in Estate and Gift Tax, or possess equivalent practice experience.

Note: Students pursuing the Estate Planning Certificate must attend a mandatory Introductory Session on 8/29 and take Income Taxation of Trusts, Estates and Beneficiaries (8/31-9/26), Estate and Gift Tax (9/28-10/31), and Special Topics in Transfer Tax (11/2-11/30). Students not pursuing the Certificate may take one or more of the classes, but also must attend the Intro Session even if they only take one class.

Withdrawals are permitted up until the last class for this specific course.

JD students: THIS COURSE REQUIRES PROFESSOR PERMISSION TO ENROLL. Please contact Ellis Duncan via email at ged5@law.georgetown.edu no later than August 1, 2018 for permission to take this class.

LAW 868 v00 Estate Planning: Income Taxation of Trusts, Estates and Beneficiaries

LL.M Course (cross-listed) | 2 credit hours

Covers the principal federal income tax rules applicable to trusts and estates, including simple and complex trusts, grantor trusts, charitable trusts and income in respect of a decedent. The use of problems for illustrative purposes, planning points, and other practical considerations are emphasized in the course.

Prerequisite: Federal Income Taxation (formerly Taxation I), Decedents' Estates or equivalent, or concurrent enrollment in Wills & Trusts.

Recommended: Completion of a J.D. course in Estate and Gift Tax or equivalent practice experience. Students are advised to do some background reading in this area if they have not previously taken a course in Estate and Gift Tax.

Note: Students pursuing the Estate Planning Certificate must attend a mandatory Introductory Session on 8/28 and take Income Taxation of Trusts, Estates and Beneficiaries (8/30-9/25), Estate and Gift Tax (9/27-10/30), and Special Topics in Transfer Tax (11/1-11/29). Students not pursuing the Certificate may take one or more of the classes, but also must attend the Intro Session even if they only take one class.

Withdrawals are permitted up until the last class for this specific course.

JD students: This course requires Professor Permission to enroll. Please contact Ellis Duncan via email at ged5@law.georgetown.edu no later than August 1, 2018 for permission to take this class.
The take-home exam in this course may be administered mid-semester and the specific exam date will be provided by the professor after the add/drop period.

LAW 825 v00 Estate Planning: Special Topics in Transfer Tax

LL.M Course (cross-listed) | 2 credit hours

This course supplements the two estate planning courses taught earlier in the fall semester, Income Taxation of Trusts, Estates, and Beneficiaries and Estate and Gift Tax. Like those courses, it is required for the Estate Planning Certificate and is a prerequisite for the Spring estate planning course, Advanced Private Wealth Transfer Seminar. This course addresses four areas of special concern in wealth planning: the distinction between common law and community property principles; valuation and business succession issues that arise in complex wealth planning; international aspects of wealth planning; and the generation skipping transfer tax or GST. Students will be evaluated primarily on the basis of a written paper; class participation and assigned short written exercises will also be given weight in determining the final grade.

Prerequisite: Federal Income Taxation (formerly Taxation I), Decedents’ Estates or equivalent, or concurrent enrollment in Wills & Trusts; Income Taxation of Trusts, Estates, and Beneficiaries; Estate and Gift Tax.

Note: Students pursuing the Estate Planning Certificate must attend a mandatory Introductory Session on 8/28 and take Income Taxation of Trusts, Estates and Beneficiaries (8/30-9/25), Estate and Gift Tax (9/27-10/30), and Special Topics in Transfer Tax (11/1-11/29). Students not pursuing the Certificate may take one or more of the classes, but also must attend the Intro Session even if they only take one class.

Withdrawals are permitted up until the last class for this specific course.

JD students: This course requires Professor Permission to enroll. Please contact Ellis Duncan via email at ged5@law.georgetown.edu no later than August 1, 2018 for permission to take this class.

LAW 3009 v00 Ethics in International Arbitration

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

This course will consider ethics principles governing the conduct of counsel, arbitrators and expert witnesses in international commercial and investment arbitrations. Topics will include recent developments in the IBA Guidelines on Conflicts of Interest in International Arbitration and the IBA Guidelines on Party Representation in International Arbitration, other soft law instruments such as the ABA/AAA Code of Ethics for Arbitrators in Commercial Disputes, national law regulation of the conduct of arbitrators and counsel in international arbitrations, ethics requirements included in international arbitration rules and ethics requirements for witnesses in international arbitrations, as well as recent ethics-related jurisprudence from ICSID, arbitral institutions and various national courts.

Learning objectives:

This course has the following goals:

  • To enable the student to identify fundamental differences between the ethics obligations of principal participants (arbitrators, counsel and witnesses, particularly expert witnesses) in international arbitrations (involving participants from a multiplicity of States and legal systems and a forum intended to be perceived as neutral and thus largely outside the influence of the particular national legal systems of the parties) and the ethics obligations of principal participants in national judicial systems.
  • To identify the complex regulatory, choice of law and legal culture problems involved in identifying the sources and content of ethics obligations of participants in international arbitrations in light of the diversity of legal and national cultures involved and to compare and contrast with the sources and content of ethics obligations of participants appearing in national courts.
  • To identify possible remedies for breaches by participants in international arbitrations of their ethics obligations (if any) and to compare and contrast with remedies in national courts.

My objective will be to enable students, by the end of the sessions, to be able to:

  • describe the subject areas covered (or not covered) by ethics responsibilities for principal participants (arbitrators, counsel and witnesses) in international arbitration
  • describe how those areas may differ in sources and content, when compared with national court systems,
  • recognize and explain reasons why the ethics responsibilities of participants in international arbitration differ from the ethics responsibilities of similar participants in national court systems
  • describe important uncertainties with respect to ethics obligations of those participants, and
  • apply that learning to advise clients and counterparties on complying with those responsibilities or, when the nature of those responsibilities are uncertain, how to manage the arbitral process in light of those uncertainties.

Recommended: Prior or concurrent course in international commercial or international investment arbitration.

Note: FIRST CLASS ATTENDANCE IS MANDATORY. All enrolled and waitlisted students must be in attendance at the start of the first class session in order to be eligible for a seat in the class. This course is mandatory pass/fail and will not count toward the 7 credit pass/fail limit for J.D. students.

A student will be permitted to drop a course that meets for the first time after the add/drop period, without a transcript notation, if a student submits a written request to the Office of the Registrar prior to the start of the second class meeting. Withdrawals are permitted up until the last class for this specific course.

The required paper for the course is selected from a list prepared by the professor.  The paper is too short to be used for other writing requirements in a degree program.

LAW 462 v00 EU Law: Selected Topics in ECJ Jurisprudence

J.D. Course (cross-listed) | 1 credit hour

The course examines the role the European Court of Justice plays in the shaping of European private law as it relates to the functioning of the EU Single Market. It focuses on the way in which the court has interpreted the EU Treaty in order to ensure effectiveness of EU law, and analyzes some of the landmark cases in that area. The course also shows how the court has dealt with the interpretation of directives, particularly in the field of consumer protection, and what impact this case law has on national law making.

Note: WEEK ONE COURSE. This seminar will meet for one week only, on the following days: Monday, January 7, 2019, through Thursday, January 10, 2019, 9:00 a.m. - 12:20 p.m. This course is mandatory pass/fail and will not count toward the 7 credit pass/fail limit for J.D. students.

Attendance at all class sessions is mandatory and all enrolled students must attend the first class in order to remain enrolled. Students on the wait list must attend the first class in order to be admitted off the wait list. Enrolled students will have until the beginning of the second class session to request a drop by contacting the Office of the Registrar. Once the second class session begins, students may only seek a withdrawal by contacting an academic advisor in the Office of JD Academic Services. Withdrawals are permitted up until the last class for this specific course.

LAW 487 v02 EU Tax Law

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

Tax harmonization within the European Union is very difficult to achieve. Most legislative measures of the European Union in this area require the consensus of all 28 member states. The only real engine of harmonisation seems to be the European Court of Justice (ECJ). The ECJ itself cannot harmonize the tax systems, however, the Court can force the member states to open their tax systems for tax competition within Europe. The judgments delivered by the ECJ are most of the time very surprising, even to experts.

The course focuses on very recent judgments of the Court of Justice. By analysing some selected judgements, students should learn about the guiding principles of European tax law, as they have been developed by the ECJ on a case to case basis, and about the approach of the Court and the role the Court plays. Students should get an impression about possible future developments of European tax law.

Prerequisite: Students need to have taken a basic income tax course - either about the US tax system or about the tax system of another country. 

Note: WEEK ONE COURSE. This course will meet for one week only on the following days: Monday, January 7, 2019 through Friday, January 11, 2019, 9:00 a.m. - 11:35 a.m.

This course is mandatory pass/fail and will not count toward the 7 credit pass/fail limit for J.D. students.

Attendance at all class sessions is mandatory and all enrolled students must attend the first class in order to remain enrolled. Students on the wait list must attend the first class in order to be admitted off the wait list. Enrolled students will have until the beginning of the second class session to request a drop by contacting the Office of the Registrar. Once the second class session begins, students may only seek a withdrawal by contacting their academic advisor in the Office of Graduate Programs. Withdrawals are permitted up until the last class for this specific course.

LAW 816 v00 European Union Law

J.D. Seminar (cross-listed) | 2 credit hours

This two-credit course aims to give students a comprehensive introduction to European Union law in the context of ongoing economic and political challenges facing the 28-country bloc – notably, the shadow of Brexit. The first half of the term covers the foundations of EU law, laying out key legal and political themes and principles associated with European integration and surveying the succession of treaties that have led to today’s Union. Next the course examines key features of the EU judiciary and perspectives on the EU legal order from the Court of Justice and national constitutional courts, followed by consideration of the EU’s increasingly important fundamental rights framework and a look at EU citizenship. The second half of the course covers in turn the basics of the EU’s internal market arrangements, data protection and associated law enforcement and security issues, and the law governing the external relations of the Union, before concluding with a look at legal issues stemming from Brexit and the prospects for the EU’s future.

Overall this survey offers a compressed look at the constitutional, administrative, human rights, economic, security and foreign relations law of the European Union, making comparisons to U.S. law as appropriate. The emphasis throughout is on institutional aspects and the relationship between different actors within the EU and between the Union and its member states. The required basic text is Robert Schütze, An Introduction to European Law, 2nd edition (Cambridge University Press, 2015).

Students will be assessed by a mid-term exam, a final paper of approximately 8-12 pages, and class participation.

Mutually Excluded Courses: Students may not receive credit for both this seminar and European Law and Policy in Times of Crisis.

LAW 816 v08 European Union Law: Foundations and International Reach

J.D. Seminar (cross-listed) | 2 credit hours

In the shadow of a fast-approaching Brexit, how can the United Kingdom and the European Union redesign a relationship in which EU law had come to permeate nearly every aspect of British life? Why has a new European privacy regulation become a centerpiece of Facebook’s efforts to rebuild trust in its global social network? What authorities, and constraints, bind EU agencies and courts when they confront U.S. multinational technology giants or security and surveillance programs? What legal tools can “Brussels” deploy to respond to challenges from Moscow, rein in countries that stray from the rule of law, and adapt to new worldwide trade and investment trends?

This two-credit survey tackles such questions in the course of providing a comprehensive introduction to the scope and operation of the law of the European Union. The first half begins by focusing on the key legal and political dimensions of European integration and the main features of the succession of treaties that have led to today’s Union. We then examine the EU judiciary and its relationship to national constitutional courts, followed by consideration of the EU’s increasingly important fundamental rights and citizenship framework. In the second half, we turn to the EU’s internal market arrangements, the law governing its economic and other external relations, and data privacy and associated security issues, before concluding with a look at legal quandaries stemming from Brexit and at the prospects for the EU’s future.

The course is led by instructors with long experience counseling the U.S. government and private sector in Washington and in Brussels on how to engage with and understand the EU and its governing institutions. (Views expressed by the instructors are their own, not attributable to their employers.) Ranging across EU constitutional, administrative, human rights, economic, security and foreign relations law, the course includes comparisons to U.S. legal concepts and cases as appropriate. Students also will gain a political appreciation for how EU bodies interact with each other and with member states. A research memorandum on a current EU law topic of the student’s choice is the principal form of assessment.

The course has no prerequisites. International Law or related courses may be useful at the margins. Students who have taken European Law and Policy in Times of Crisis are not eligible to enroll.

Mutually Excluded Courses: Students may not receive credit for both this seminar and European Law and Policy in Times of Crisis.

LAW 3001 v00 Evidence

LL.M Course | 3 credit hours

This course provides a general survey of the rules of evidence and the reasons underlying these rules with a particular emphasis on the Federal Rules of Evidence.

Included are the subjects of relevance, examination of witnesses, privileges, expert testimony, admission and exclusion of evidence, writings, the hearsay rule and its exceptions, and scientific evidence, among other subjects relating to the regulation of proof at trials.

The course, taught by a former federal judge who was also a prosecutor, will focus on the actual problems confronted in trials when evidence is offered at those trials. The course intends to equip students with the practical working knowledge that can be used to try a case competently.

Mutually Excluded Courses: Students may not receive credit for both this course and the J.D. course, Evidence.

Note: This course is only open to foreign-educated LL.M. students (i.e., those students who do not have a U.S. J.D. degree).

LAW 1487 v00 Executive Branch Legal Interpretation: The Separation of Powers and the Office of Legal Counsel

J.D. Seminar (cross-listed) | 2 credit hours

This two-credit seminar will explore selected topics in the separation of powers. It will focus on the way in which the Executive Branch, and in particular the Justice Department’s Office of Legal Counsel, has analyzed and interpreted some of the key separation of powers questions that arise in the daily interaction between the Executive Branch and Congress—questions that have in many instances been the subject of only limited judicial interpretation. Topics to be addressed include the Recommendations and Appointments Clauses, the President’s authority to use military force without prior congressional authorization, the President’s authority to conduct diplomacy and foreign affairs, the scope and nature of the President’s obligation to Take Care that the laws are faithfully executed, the concept of prosecutorial discretion, lapses in appropriations, and Congress’s authority to compel testimony from Executive Branch officials.
 

The seminar will begin with an overview of the concept of the separation of powers, the sources of OLC’s authority, and the nature of OLC’s role in the Executive Branch. It will then examine a series of specific separation of powers topics, focusing on OLC opinions and academic writings addressing these subjects. The seminar may also consider separation of powers issues, such as those that would be raised by a congressional failure to raise the debt ceiling, on which there are no published OLC opinions, asking students to assume the role of OLC lawyers and develop advice on what possible courses of might and might not be lawfully available to the President. The seminar will end by considering some of the debates about the appropriateness of OLC’s role, OLC’s effectiveness as a legal interpreter, and proposals for reforming the Office.
 

The seminar has two main objectives. First, through study of selected OLC opinions and other writings, students will gain substantive familiarity with some of the main separation of powers issues that arise in practice within the Executive and Legislative branches, and with OLC’s jurisprudence on these subjects. Second, through this study, students will develop a concrete sense of how OLC functions as a legal interpreter, and will thus have a basis on which to begin to develop an informed view of OLC’s strengths and weaknesses in this role.
 

Learning Goals:

Students will develop familiarity with, and fluency at reading and analyzing, OLC opinions.
 

Students will develop a substantive understanding of some of the most important separation of powers-related issues that arise in practice between the Executive and Legislative branches, and a substantive understanding of OLC’s jurisprudence on these subjects.
 

Students will gain familiarity with areas of law, such as the appropriations process, that are critical to the operation of the federal government, but are not part of the standard core law school curriculum.
 

Students will develop an informed, concrete sense of how OLC functions as a legal interpreter, and will thus be equipped to develop informed views about the characteristics, and the strengths and weaknesses, of OLC as a source of Executive Branch legal interpretation.

Prerequisite: Constitutional Law I: The Federal System (or Democracy and Coercion).

Mutually Excluded Courses: Students may not receive credit for both this seminar and Separation of Powers Seminar.

LAW 1345 v00 Farm Law and Policy Seminar

J.D. Seminar (cross-listed) | 2 credit hours

Rules governing agriculture have a dramatic impact on the cost, availability, nutritional quality, and safety of food, the fate of farmers and farm workers, and the environmental impacts of crop and livestock production. This course will cover the policies, rules, and laws that govern agriculture, including laws and regulations related to farm subsidies, farm stewardship, biotech regulation, food safety, food labeling, food assistance, farm labor, animal welfare, agricultural trade, and antitrust issues related to crop and livestock production.

The Farm Law and Policy Seminar complements other courses offered by the Law Center, including courses on Food Law and Environmental Law.

Recommended: A course in food law or environmental law.

LAW 193 v03 Federal Banking Regulation: Modern Financial Institutions and Change

J.D. Course (cross-listed) | 4 credit hours

Banking Regulation today is at the cutting edge of federal power and regulatory experimentation. The financial collapse of 2008 was a near-death experience for federal banking regulators. We approach the subject with an intense focus on the dynamics of three critical pieces of the recent financial crisis: first, the development and growth of private markets for financial products; second, experimental regulatory strategies for controlling private risk taking and its effects on the integrated global financial system; third, the reemergence of areas of unique forms of hybrid power that combines private markets and government regulation.


This course examines the regulation of financial intermediaries. The stated goal of regulation is to ensure systemic stability and to pursue consumer protection. We will ask how well the balance between systemic stability and consumer protection had been maintained before the crisis of 2008. The course is devoted to federal regulation of banks, bank holding companies, financial holding companies and their affiliates. Topics include restrictions on activities of banks, holding companies and their affiliates, the history of and policy rationales for geographic restrictions on banking; special antitrust regulation of banks, debates about the role of capital adequacy requirements, community reinvestment requirements, bank supervision, and failed banks. With the market and legal changes of the past decade, the traditional market barriers between commercial banks and other financial institutions were largely dismantled. We will ask, did the federal response to the crisis produce a new paradigm for financial regulation? If it did not, why not?


The global financial crisis of 2008 provides a fertile laboratory for examining the fractured financial regulatory system, and the proposals for reform. The course will examine selected topics from the legislative agenda for reforming the financial regulatory system. These topics include among others, the role of subprime home mortgage lending and mortgage-backed securities in creating systemic risk, the consumer regulatory responsibilities of the Federal Reserve. We will identify some questions arising from the role of private credit rating agencies and securitizations in precipitation the financial collapse. and the competing claims of fairness, executive compensation and systemic risk, global financial responses.


The course begins with the basic overview of concepts applicable to financial intermediaries and ends with an assessment of the framework for future reform. We will pay special attention to the role of predatory consumer lending in sparking the collapse of banks. We will look at the fate of proposals to create a Consumer Financial Protection Agency, with independent rule making authority.

Mutually Excluded Courses: Students may not receive credit for both this course and Federal Regulation of Financial Institutions or Banking and Financial Institutions Regulation.

Note: All students are expected to attend class regularly.

LAW 193 v05 Federal Banking Regulation: Modern Financial Institutions and Change

J.D. Course (cross-listed) | 4 credit hours

Regulation of financial institutions today is at the cutting edge of federal power and regulatory experimentation. The financial collapse of 2008 was a near-death experience for federal banking regulators. We approach the subject with an intense focus on the dynamics of three critical pieces of the recent financial crisis: first, the development and growth of private markets for financial products; second, experimental regulatory strategies for controlling private risk taking and its effects on the integrated global financial system; third, the reemergence of areas of unique forms of hybrid power that combines private markets and government regulation.

This course examines the regulation of financial intermediaries. The stated goals of regulation is to ensure systemic stability and to pursue consumer protection. We will ask how well the balance between systemic stability and consumer protection had been maintained before the crisis of 2008, and whether post-crisis reform has done a better job. The course is devoted to federal regulation of banks, bank holding companies, financial holding companies and their affiliates. Topics include restrictions on activities of banks, holding companies and their affiliates, the history of and policy rationales for geographic restrictions on banking; special antitrust regulation of banks, debates about the role of capital adequacy requirements, community reinvestment requirements, bank supervision, and failed banks. With the market and legal changes of the past decade, the traditional market barriers between commercial banks and other financial institutions were largely dismantled. We will ask, did the federal response to the crisis produce a new paradigm for financial regulation in the United States, Europe, and the rest of the world? Where it did not, why not?

Mutually Excluded Courses: Students may not receive credit for both this course and Federal Regulation of Financial Institutions or Banking and Financial Institutions Regulation.

Note: All students are expected to attend class regularly.

LAW 178 v02 Federal Courts and the Federal System

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

This course addresses the role of the federal courts in our system of government, focusing on relevant constitutional and statutory provisions and jurisdictional doctrines and concepts. Representative topics include justiciability, congressional power to regulate the jurisdiction of the Supreme Court and lower federal courts, Supreme Court review of state court judgments, sovereign immunity, abstention, and habeas corpus.

Recommended: Constitutional Law II: Individual Rights and Liberties.

LAW 3007 v00 Federal Environmental Litigation Seminar

LL.M Seminar (cross-listed) | 2 credit hours

This seminar will focus on the several types of federal environmental litigation including: civil enforcement litigation, project approval litigation, citizen suits, Superfund cost recovery litigation, toxic tort litigation, and litigation related to the appeal of a rule-making decision.

The purpose of the course is to deepen the students’ understanding of certain types of federal environmental litigation and to provide practical hands on litigation experience. The classes will include lectures on the substantive legal issues associated with these areas of litigation together with a practice exercise either in class or a courtroom setting to give students the opportunity to put the substance they learn into practice.

Students will be asked to draft a civil enforcement complaint based on a set of documents identifying a Clean Water Act violation. In the project approval litigation segment and/or the citizen suits segment, students will be given the opportunity to argue in a courtroom setting a motion for a preliminary injunction. In the segment on Superfund cost recovery litigation, the students will have the opportunity to argue a motion to dismiss in a courtroom setting. The segment on toxic tort litigation will explore the legal difficulties in proving liability and will give students the opportunity to examine the issues associated with getting relevant information into to the trial record as evidence. The students will also have the opportunity to argue before a mock 3-judge panel in a Circuit Court of Appeals courtroom a rulemaking appeal.

Grading in this course will be based primarily on the brief on the environmental rule that will be the subject of mock court of appeals argument together with class participation. In addition, we will ask the students to prepare an outline for each oral argument and to submit the outlines for grading.

Prerequisite: for J.D. students: Civil Procedure (or Legal Process and Society).

Recommended: for LL.M. students: Prior enrollment in Civil Procedure or a course focused on federal court jurisdiction. Also prior enrollment in Environmental Law and Administrative Law.
 

Strongly Recommended: Administrative Law and Federal Courts and the Federal System.

Note: Students may not withdraw from this class after the add/drop period ends without the permission of the professor.

LAW 1005 v01 Federal Investigations and Prosecutions

J.D. Seminar (cross-listed) | 2 credit hours

This seminar will explore the legal and practical considerations involved in the federal criminal process from initial investigation through sentencing as viewed from the perspectives of law enforcement agents, the U.S. Attorney, and defense counsel. It will provide an overview of federal criminal law and procedure concerning the techniques of investigation with search warrants and electronic surveillance, the charging decision, detention and bail issues, the grand jury process, plea negotiation, pretrial discovery, trial strategy, and sentencing factors. The seminar also explores related issues such as conflict situations faced by defense attorneys, problems of prosecutorial misconduct such as selective and vindictive prosecutions, jury selection, burden of proof, admission of physical evidence, cross-examination, and closing argument. These subjects will be explored through the hypothetical case file of United States v. Long regarding a drug enforcement prosecution. Law enforcement agents, federal prosecutors, and defense attorneys will be guest lecturers. Students will be required to observe the proceedings of a criminal trial in federal court. A final paper consisting of 20-25 pages is required.

This two-credit seminar course is designed for the student who is considering a federal judicial clerkship, an internship or employment with a federal or state prosecutor, employment with a federal or state law enforcement agency, or a criminal defense practice. The seminar will be limited to 18 students.

Recommended: Prior or concurrent enrollment in Evidence.

Mutually Excluded Courses: Students may not receive credit for both this class and Advanced Criminal Procedure; Advanced Criminal Procedure and Litigation; Role of the Federal Prosecutor; Anatomy of a Federal Trial: The Prosecution and Defense Perspective; or Federal White Collar Crime.

LAW 722 v02 Federal Limitations on State and Local Taxation

LL.M Seminar (cross-listed) | 2-3 credit hours

As an instrument of federalism, the U.S. Constitution plays a vital role in defining state and local governments’ taxing powers. In some instances this is accomplished by express Constitutional provisions; in others, by express or implied grants of authority to the legislative, executive or judicial branches of government. This advanced state and local tax course will explore and analyze Constitutional provisions that limit (and sometimes expand) state and local taxing powers. It will include a historical review of Supreme Court jurisprudence that underscores the inherent complexities and tensions precipitated by the intersection of federalism and the underlying goals embodied within the Commerce Clause, Equal Protection Clause, Import-Export Clause, Privileges and Immunities Clause, and Supremacy Clause, among others. The course also will explore how issues of federalism have shaped various Federal statutory enactments, as well as pending pieces of federal legislation. For example, it will analyze how federalist tensions and statutory dynamics were balanced in a recently proposed congressional bill concerning state and local tax incentives. Additionally, the course will explore the impact of Treaties and international trade laws, as well as their related enforcement mechanisms, which continue to spawn new issues implicating the States’ powers to tax.

Prerequisite: Federal Income Taxation (formerly Taxation I).

Note: Students must register for the 3 credit section of the seminar if they wish to write a paper fulfilling the Upperclass Legal Writing Requirement. The paper requirements of the 2 credit section will not fulfill the Upperclass Legal Writing Requirement.

LAW 635 v00 Federal Money: Policymaking and Budget Rules

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

Ostensibly neutral budget rules have come to dominate Federal policymaking; indeed, the budget procedure is arguably more crucial to a proposal’s success in the Congress or the Administration than a majority of the votes or the support of a Cabinet member. Unfortunately, the budget process is poorly understood by most observers, advocates and even the Members of Congress themselves. This course will survey the fundamentals of budget process and the uses and abuses of it. Topics will include Federal grants funding, entitlement spending, “tax spending,” and “off-budget” spending, as well as the budget aspects of current controversies such as health reform, tax policy, Social Security, defense spending, and economic stimulus spending.

Note: No accounting or budget background is needed.

LAW 193 v01 Federal Regulation of Financial Institutions

J.D. Course (cross-listed) | 2 credit hours

This is a two-hour lecture and discussion course covering federal regulation of modern-day financial services providers. It will address the recent crisis in financial services and possible legislative/regulatory changes. In particular, the course will focus on financial holding companies, bank and thrift holding companies, commercial banks and thrifts. Secondary attention will be paid to credit unions and state-chartered financial institutions. The course examines the role that different institutions play in the economy, the purposes of regulation and the approach of federal financial services regulators such as the Federal Reserve Board, Office of Comptroller of the Currency, Office of Thrift Supervision, and Federal Deposit Insurance Corporation. We also will discuss the involvement of the Securities Exchange Commission and Treasury Department in the regulation of these financial organizations. Additionally, we will study the chartering, regulation, supervision and product/geographic expansion of these institutions, with special emphasis on the banking, insurance and securities operations of these kinds of companies. Some attention also will be given to antitrust and international issues affecting these firms. Grades in this course are determined by the final take-home examination.

Recommended: Prior or concurrent enrollment in Administrative Law and Corporations.

Mutually Excluded Courses: Students may not receive credit for both this course and Federal Banking Regulation: Modern Financial Institutions and Change, or the LL.M. course, Financial Regulation and Financial Crises.

LAW 765 v00 Federal Taxation of Bankruptcy and Workouts

LL.M Course (cross-listed) | 2 credit hours

Provides a basic background in tax issues that arise under the Bankruptcy Code. The course will emphasize the treatment of tax claims in bankruptcy and the litigation of tax liabilities in bankruptcy court. Additionally, the course will cover the tax consequences that can flow from transactions while a case is pending under Title 11 or when a taxpayer engages in an insolvency workout. This includes discharge of indebtedness, carryover of net operating losses, and corporate reorganizations in bankruptcy cases. The focus is on Chapter 11 proceedings and corporate debtors. However, there will be some discussion of the tax effects on individuals and partnerships.

Prerequisite: Federal Income Taxation (formerly Taxation I).

Recommended: Prior or concurrent enrollment in Corporate Income Tax Law I or Corporate Taxation (formerly Taxation II).

LAW 752 v00 Federal Taxation of Financial Institutions

LL.M Course | 2 credit hours

Examines the taxation of commercial banks, thrift institutions, regulated investment companies, real estate investment trusts, property and casualty insurance companies, and life insurance companies. The course analyzes the applicable special tax provisions in light of the economic function and operation of those institutions. Additionally, the course examines the taxation of mutual fund and REIT shares, annuities and life insurance, and considers alternatives to insurance products, such as self-insurance, captive insurance companies, and risk retention groups. Consideration is given to why financial institutions are treated differently from other taxpayers and to differences in the treatment accorded to the various types of financial institutions and products.

Prerequisite: Federal Income Taxation (formerly Taxation I).

LAW 455 v02 Federal White Collar Crime

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

This is an advanced course for the serious student interested in this area of law. It will cover procedural, substantive and practitioner oriented “tactical” considerations of “white-collar” criminal law. A student should have prior demonstrated interest in the subject area by having taken courses such as Evidence; Criminal Procedure; Constitutional Law or participated in one of the many GULC litigation clinics. The class will cover the principal federal “white collar” statutes, e.g., mail fraud, conspiracy, securities law, false statements, obstruction of justice and money laundering. Corporate criminal liability will be a course focus, covering necessarily related subjects, e.g., attorney-client privilege issues; “internal” investigations; government sponsored “Voluntary Disclosure” programs; litigation under the False Claims Act (Qui Tam); grand jury practice, document production, immunity, plea bargaining, co-operation agreements, discovery, and the interplay between civil and criminal proceedings, i.e., “parallel proceedings”. We intend to limit the class size to maintain active class participation of interested students.

The class will conclude with a take home examination.

Prerequisite: Criminal Justice (or Democracy and Coercion), or Criminal Procedure.

Recommended: Criminal Law and Evidence.

Mutually Excluded Courses: Students may not receive credit for both this course and Role of the Federal Prosecutor. Note: It is not recommended that students take this course and Advanced Criminal Procedure.

Note: Laptops may not be used during class sessions.

LAW 455 v07 Federal White Collar Crime

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

This advanced criminal law course covers selected substantive and procedural areas of importance in "white-collar" criminal practice. A portion of the class will be devoted to the study of certain statutes and their applications, including examinations of mail and wire fraud, conspiracy, false statements and money laundering prosecutions. We will also study the United States Sentencing Guidelines and will explore the principles governing entity liability. The balance of the class will be devoted to an examination of subjects of particular concern to prosecutors and defense counsel in "white-collar" or business crime cases, including investigative and grand jury practices, privileges applicable in a corporate setting, immunity, plea bargaining, cooperation agreements, and the interplay between civil and criminal proceedings.

Students will be required to complete a number of short written assignments relating to the application of the Sentencing Guidelines, and the class will conclude with an examination.

Prerequisite: Criminal Justice (or Democracy and Coercion) or Criminal Procedure.

Recommended: Criminal Law.

Note: Students may take this course and Advanced Criminal Procedure, but it is not recommended.

LAW 1331 v00 Feminist Philosophy and Law Seminar

J.D. Seminar (cross-listed) | 3 credit hours

This seminar will explore through philosophical and legal readings as well as outside speakers on a number of topics of interest to contemporary feminism. Topics will include (subject to change) the experience of and legal response to sexual assault and sexual harassment at work, in school, at home, and in cyberspace, the regulation of reproduction, workplace equality and discrimination law, the experience of maternity and its legal regulation, transgender identity, legal intersections with intimacy, the campaign for marriage equality and the gaps between personal and legal judgments.

The course will alternate its venue between the main campus and law center (we shall provide the GUTS bus schedule for shuttling between campuses, but the metro also works and car rides may be arranged.)

During the first two thirds (approximately) of the semester, we will read recent philosophical and legal scholarship on these and related themes. Each week, the author of the particular article under review will join the seminar, present the piece and answer questions. During the last third of the semester, students will present their papers. During one of the last three or four seminar meetings, each student will have at least a half hour (maybe more depending on the enrollment numbers) to share their work, and hear questions and feedback from seminar participants.

LAW 271 v00 Finance of Real and Personal Property

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

This general survey course covers the basic elements of financing commercial real estate and income-producing assets, with an emphasis on income-producing commercial real property. The financing concepts covered include the basic elements and techniques of financing, the lender-borrower relationship, and the role of capital markets in financing of commercial real property and other assets. The emphasis is on large commercial real estate financing transactions. Substantial attention is given to mortgages/deeds of trust, indentures and other security devices, priority rights between lenders and occupancy tenants, pre-foreclosure enforcement rights, post-foreclosure redemption and deficiency limitations, prepayment and defeasance, leasing as a method of financing, alternatives such as joint ventures, mezzanine loans and preferred equity, and creditor’s rights. Attention is also given to the basic economics of commercial financings, tax advantages of depreciable investment property, yield and cash flow analysis, loan syndications, special purpose entities, nonrecourse “carve-out” guaranties, environmental laws, recording and title insurance, the broker’s role, resolution of troubled/defaulted financings, construction loans, and purchase and sale agreements. This course will review complex financing techniques and will not emphasize math, but rather practical understandings and concepts involving the business and legal framework for financing real and personal property.

Mutually Excluded Courses: Students may not receive credit for both this course and Introduction to the Capital Markets and Financing of Income-Producing Property.

LAW 2040 v00 Financial Derivatives Taxation

LL.M Course | 2 credit hours

Examines the income tax issues associated with the taxation of financial products found in the modern securities markets. The course will involve discussion of products resulting from the unbundling of traditional securities, such as stocks and bonds, into their separate components; the recombination of unbundled pieces of traditional security interests into new financial products; and products, such as swaps, caps, collars, and floors, which allow the hedging of, or speculation in, the risks associated with commodity prices, interest rates, and currency exchange rates. Class participation is expected.

Prerequisite: Federal Income Taxation (formerly Taxation I).

Note: DISTANCE STUDENTS REGISTER FOR CRN#: 35369. This course is open to both on campus and distance students. However, only students enrolled in the Executive LL.M. in Taxation, the Executive LL.M. in Securities & Financial Regulation, and the MSL programs may take this course on a distance basis. All resident LL.M. students may not enroll in this course on a distance basis.

LAW 3000 v00 Financial Holding Companies

LL.M Course (cross-listed) | 2 credit hours

For a number of years, commercial banks, thrift institutions, insurance companies, broker-dealers, and investment advisers have searched for the optimal organizational structure in which to conduct their various financial services activities. Some of those efforts also involved using a particular structure, such as forming a holding company affiliate or an operating subsidiary, for only through that particular structure could the bank or bank holding company exercise a specific power (i.e., engage in a specific activity such as selling insurance or underwriting securities). With the passage of the Gramm-Leach-Bliley Act in November 1999, the structuring alternatives increased and have become been compressed, at the same time, depending on which particular financial services activity is the focus of the inquiry, and several new powers (such as merchant banking) became available to financial holding companies for the first time while others (such as the activities a domestic bank holding company can engage in off-shore) have just become available on shore for banks as well for operating subsidiaries of banks. The activities of unitary thrift holding companies were not curtailed, but only financial services firms were allowed to become owners of thrift institutions. Finally, state-chartered banks that are not members of the Federal Reserve System wishing to engage in non-banking activities as a principal continue to enjoy special status under the Federal Deposit Insurance Act.

This seminar will survey the statutory, administrative, and litigation background behind the development of securities brokerage, and securities underwriting powers and insurance agency and insurance underwriting powers for the banking industry, and the development of deposit-taking and consumer-lending activities for the securities and insurance industries, culminating with an in-depth focus on the provisions in the Gramm-Leach-Bliley Act respecting electing to be a financial holding company subject to the jurisdiction of the Federal Reserve Board as the "umbrella" Federal functional regulator and the effect those provisions had in “causing” the Financial Crisis in 2008-2009.

Recommended: Prior or concurrent enrollment in Securities Regulation.

Mutually Excluded Courses: Students may not receive credit for both this course and Financial Products in a New Regulatory Environment.

Note: DISTANCE STUDENTS REGISTER FOR CRN#: 29091. This course is open to both on campus and distance students. However, only students enrolled in the Executive LL.M. in Taxation, the Executive LL.M. in Securities & Financial Regulation, and the MSL programs may take this course on a distance basis. All J.D. students and resident LL.M. students may not enroll in this course on a distance basis.

LAW 769 v00 Financial Products in a New Regulatory Environment

LL.M Seminar (cross-listed) | 2 credit hours

The market turmoil of the past several years and public debate over its causes have highlighted inequities in the regulation of financial products. The regulation of products issued by banks, mutual fund complexes, insurance companies and others differ for historic reasons embedded in the Investment Company Act of 1940, other federal and state securities laws, federal and state banking laws, state insurance laws and the potential overlay of ERISA. This course takes a close look at the "unlevel" playing field in the regulation of financial products and considers the impact of the Dodd-Frank Act and continuing Congressional and regulatory proposals for structural solutions to market issues.

Learning objectives:

This class presents the developmental history of financial product regulation as a predicate for making judgments related to current regulatory debates. It addresses how to approach interstitial legal analysis in the regulation of financial products, analyze complex legal principles and clearly articulate and support a legal conclusion orally and in writing. It provides a forum for debating differing points of view and for reaching legal conclusions by balancing different policy factors.

Strongly Recommended: Securities Regulation.

LAW 193 v04 Financial Regulation and Financial Crises

LL.M Course (cross-listed) | 2 credit hours

The global financial crisis of 2008 was the result of developments in the financial system during the first decade of the 21st Century which the regulatory system had failed to keep pace with. The government's immediate response to the crisis, however, drew upon emergency powers that were first created by Congress in 1913 and 1934 in response to the Panic of 1907 and the Great Depression that began in 1929. Like those crises, this crisis also generated a major piece of financial reform legislation, the Dodd-Frank Wall Street Reform and Consumer Protection Act, which has altered the regulatory playing field on which financial institutions will operate in the future.  

This course will review the historical development of the United States banking industry, and of the regulatory structure governing it, so as to give students an appreciation of the economic and political forces that have shaped the regulation of our financial system.  This will include reviewing past financial crises and the responses to them, including the development of the Federal Reserve System, deposit insurance and other major reforms.  The course will then focus on the forces that produced a financial and regulatory system as complex as the one that led to the 2008 global financial crisis and that Dodd-Frank seeks to reform. This will include examining the rise of the shadow banking industry and the growth of derivatives, and the causes of and responses to the 2008 crisis, including the role of individual accountability for behavior that contributed to the crisis.    

Whether the Dodd-Frank reforms adequately address the causes of the most recent crisis and will prevent the onset of another crisis remains an open question and one which this course will examine.  The course  will also consider the financial stability implications of post-crisis developments such as cryptocurrencies and fintech.  The course will emphasize understanding the broader forces that have shaped regulation of our financial sector  rather than the specifics of the regulations themselves.  

Students will be evaluated on the basis of class participation (15% of the grade), a short paper during the course of the semester (15% of the grade) and a final examination (70% of the grade). The final examination will focus on traditional "issue spotting" to test the acquisition of basic concepts as well as on the comprehension of the historical material included as part of the readings. The short paper, which will call for policy analysis as well as legal analysis, will help students internalize the material and prepare for the final examination.

Prerequisite: Corporations.

Mutually Excluded Courses: Students may not receive credit for both this course and the J.D. course, Federal Banking Regulation: Modern Financial Institutions and Change.

Note: DISTANCE STUDENTS REGISTER FOR CRN#: 35370. This course is open to both on campus and distance students. However, only students enrolled in the Executive LL.M. in Taxation, the Executive LL.M. in Securities & Financial Regulation, and the MSL programs may take this course on a distance basis. All J.D. students and resident LL.M. students may not enroll in this course on a distance basis.

LAW 804 v04 Financial Reporting and Accounting

LL.M Course (cross-listed) | 2 credit hours

This course will examine traditional accounting topics with emphasis on their practical application to the practice of law. It will do so based on the development of an understanding of corporate financial statements and the underlying accounting concepts used in preparing those statements and related accounting records. Issues will be considered against the backdrop of current SEC and professional requirements. Particular attention will be paid to current issues and enforcement trends raised by the SEC and to the latest pronouncements of the FASB, AICPA and SEC. Selected public filings will be analyzed to give students additional insights on the actual quality of reported earnings and financial condition of the reporting company, and the apparent effect of various alternative accounting methods.

Learning objectives:

Upon completion of this course, you will have a fundamental understanding of the basic architecture of financial reporting and a working knowledge of the federal regulatory framework for public companies, as administered primarily by the U.S. Securities and Exchange Commission. You will learn the history of this framework, its primary goals, and its basic requirements. You will see how basic principles of administrative law regulate the financial reporting of public companies. You will become familiar with the structure of a Balance Sheet and Income Statement and the essentials of Generally Accepted Accounting Principles.

Prerequisite: Prior enrollment in Securities Regulation.

Mutually Excluded Courses: Students may not receive credit for both this course and the J.D. courses: Accounting Concepts for Lawyers; Accounting for Lawyers; Introduction to Accounting; or the graduate courses: Accounting for Securities Lawyers; or Basic Accounting Concepts for Lawyers.

LAW 545 v01 Financial Restructuring and Bankruptcy

J.D. Course (cross-listed) | 4 credit hours

This course is a general introduction to business bankruptcy law. Bankruptcy provides a background term for nearly all business transactions. The possibility that a counterparty may not be able to fulfill its obligations is a critical factor in shaping deals. This course reviews the fundamentals of debt contracting, including the role of events of default, covenants, representations and warranties, debt priority, and security interests. It covers private and public orderings of debt restructuring: private workouts and bankruptcy reorganizations and liquidations. Topics to be covered include the distressed debt market, exchange offers, property of the estate, the automatic stay, the avoidance of prebankruptcy transactions, the treatment of executory contracts, the debtor's governance structure during bankruptcy, asset sales, the financing of operations of bankrupt companies, the distressed debt market, the process of negotiating, voting, and confirming a plan of reorganization, and transnational and sovereign issues in bankruptcies.

Mutually Excluded Courses: Students may not receive credit for this course and Bankruptcy or Bankruptcy and Creditors' Rights or Bankruptcy and Corporate Reorganizations.

LAW 2088 v00 Financial Statement Accounting for Tax Consequences

LL.M Course | 1 credit hour

This course is important for the aspiring tax professional who desires to better understand and communicate with business decision makers concerning the consequential effects of transactions and how they will be reflected in the financial statement disclosures or tax related accounts found in the income or balance sheet. This course is important for the person who wants to best position themselves for job opportunities with some of the single largest U.S. and global employers of tax professionals (e.g., the Big-4 accounting firms) who place a premium on LL.M. (Tax) applicants with a basic understanding of the financial statement impact of various taxable events, which are important to many of their clients and the services they provide.

This one-credit pass/fail course is comprised of four conceptual modules: the first three modules focus on income based taxes; and, the fourth, non-income based taxes. The income tax modules are designed to first explain and illustrate the financial statement accounting rules applicable to a wide range of frequently encountered taxable events; and, secondly, illustrate how the financial accounting consequences arising from those events can drive the actions of business decision makers in a direction that may appear counterintuitive from a tax perspective only. Contemporary topics facing today’s decision makers will be selected for this course, and will be explained and illustrated through assigned readings, classroom examples, and case studies.

The first of the income tax modules, Basic Accounting Concepts, will offer the uninitiated a high level overview of the conceptual cornerstones that drive most of the significant accounting questions related to taxation. Further, this first module will define and illustrate the concept of “deferred taxation”, which is the financial statement mechanism used to reconcile the differing rules governing the recognition of transactions for financial statement and tax statement purposes; and, most frequently, where the accounting differences between US GAAP and IRFS arise. Other topics explained and illustrated herein will include: permanent differences; temporary differences involving deferred tax assets, deferred tax liabilities and the impact of changing tax rates; uncertain tax positions; undistributed profits of foreign subsidiaries; net operating losses; and, related financial statement disclosures.

The second income tax module, More Advanced Accounting Concepts, will drill down on other select topics where disparate financial statement standards exist between US GAAP and IFRS. Among the topics included in this module are: share-based payments; foreign non-monetary assets and liabilities; intercompany transfers of assets remaining within the group; tax basis and intention of management for settling assets/liabilities; the “initial recognition exemption”; and, the measurement of deferred taxes when different tax rates apply to distributed and undistributed profits.

Note: WEEK ONE COURSE. This course will meet for one week only on the following days: Monday, January 7, 2019 through Friday, January 11, 2019, 6:00 p.m. - 8:35 p.m.

This course is mandatory pass/fail and will not count toward the 7 credit pass/fail limit for J.D. students.

Attendance at all class sessions is mandatory and all enrolled students must attend the first class in order to remain enrolled. Students on the wait list must attend the first class in order to be admitted off the wait list. Enrolled students will have until the beginning of the second class session to request a drop by contacting the Office of the Registrar. Once the second class session begins, students may only seek a withdrawal by contacting their academic advisor in the Office of Graduate Programs. Withdrawals are permitted up until the last class for this specific course.

LAW 1442 v00 Fintech Law and Policy

J.D. Seminar (cross-listed) | 2 credit hours

Technology-driven disruption has upended many industries – retail, entertainment, transportation, to name just a few – and now we are seeing it redefine financial services. The rise of Fintech is perhaps the most interesting industry transformation to study from a legal perspective because of the way it impacts complex financial services regulations. Regulatory frameworks that were created decades ago are being challenged by the rise of Internet and mobile-driven financial services providers. This course will hone in on a few areas where the US financial regulatory structure is being challenged by technological innovation and may require fresh thinking.

Financial services can be broken down into three distinct subsectors: 1) Insurance; 2) Retail Banking; and 3) Investment/Advisory Banking. This course will focus on how technology is transforming both retail and investment/advisory banking. Retail banking law was designed for a world of brick and mortar banks that accepted deposits and leveraged those deposits to provide commercial and personal loans. Investment/advisory banking law was designed for a world of a relatively small number of sophisticated investors. This traditional schema is being transformed, rapidly.

The smartphone is replacing the retail bank as the method by which a small business or consumer conducts their day-to-day banking activity. A 2015 report by Goldman Sachs found that 33% of millennials do not think they will need a traditional bank in the next five years. In fact, 73% of millennials reported that they are more excited about new offerings in the financial services space from the likes of Google, Apple and Amazon.

Moreover, in the financial services industry lines are blurring – financial tech companies are expanding financial services ecosystems and traditional financial services companies are expanding their digital capabilities. New business models are being created that leverage the data and capabilities afforded by the Internet, and seemingly diverse industries ranging from telecom to traditional banks are competing over similar financial services activities.

Crowdfunding, mobile payments, online lending, robo-advisors, and Bitcoin are new phenomenon that challenge existing regulatory structures. The SEC, Treasury Department, Office of Comptroller of Currency, Financial Industry Regulatory Authority, Federal Deposit Insurance Commission, Federal Reserve Bank, Consumer Financial Protection Bureau, and Federal Trade Commission are just a few of the regulatory bodies that are increasingly exploring Fintech developments. Moreover, the courts have been faced with challenges to several federal and state laws that were written before modern technological innovations took hold and challenged existing concepts of Federalism. This class will focus in on these particular challenges, will question existing regulatory bodies, approaches and standards, as well as discuss the practicalities of alternative regulatory structures and rules.

The class will proceed in 4 parts. Part 1 will be an introduction to retail banking law and disruptions that are occurring due to Fintech. Part 2 will be an introduction to investment/advisory banking law and disruptions that are occurring due to Fintech. Part 3 will address cross-cutting horizontal disruptions. And, finally Part 4 will involve a high-level assessment of regulatory structures and approaches for Fintech. After this course, students should have a strong baseline knowledge of the myriad of legal and policy issues that exist in the Fintech arena.

LAW 1202 v01 Food and Drug Law

LL.M Course (cross-listed) | 2 credit hours

This course will introduce students to the foundational laws and policies governing the production and distribution of foods, drugs, devices, cosmetics and dietary supplements in the United States, focusing on the Federal Food, Drug, and Cosmetic Act (the "Act") and the role of the Food and Drug Administration in enforcing the Act. The course will cover key concepts and definitions -- e.g., "food," "drug," "labeling" -- and federal statutory provisions designed to assure that such products are not aduterated or misbranded. Students will also receive an overview of the different agencies that have jurisdiction over foods, devices and drugs on the state and federal levels, as well as an introduction to the ways in which FDA exercises its authority under the Act through rulemaking and guidance. Time permitting, there will be a portion of the course devoted to the extent to which third parties -- outside of the regulatory agency and the regulated business -- seek to influence policy and decision making through communications and lobbying.

Note: This is a required course for the Food and Drug Law Certificate.

LAW 1208 v00 Food Law Seminar

J.D. Seminar (cross-listed) | 3 credit hours

This seminar introduces students to the laws and regulations that govern our food. The seminar will primarily cover law at the federal level, including but not limited to such topics as the legal definition of food, rules on food labeling, standards for food safety, and regulation of genetically modified organisms. Beyond the law itself, we will consider the scientific, economic, and ethical principles implicated by legal decisions concerning food.

Prerequisite: Administrative Law or the first-year course, Government Processes, or the first-year electives, The Regulatory and Administrative State, Congress and the Administrative State, Legislation and Regulation, or The Regulatory State.

Note: FIRST CLASS ATTENDANCE IS MANDATORY. All enrolled and waitlisted students must be in attendance at the start of the first class session in order to be eligible for a seat in the class.

LAW 089 v03 Foreign Relations Law

LL.M Seminar (cross-listed) | 2 credit hours

This is an advanced course on constitutional principles bearing on U.S. foreign relations: primarily, separation of powers, federalism and judicial review of Executive acts and congressional legislation. It focuses on some of the most challenging issues that have divided the American polity from the inception of the Republic and continue to do so today, e.g., the allocation of foreign affairs power between the Executive and Congress; the scope of Presidential power to protect the nation in times of danger; and the proper role of the courts in deciding legal issues relating to national security. We will study historical materials that inform the legal arguments on both sides of the current clash between the President and the courts on the doctrine of judicial deference and incorporate discussion of other foreign relations issues under judicial review in 2018. We also discuss the power to make treaties and executive agreements, the Supremacy clause and application of customary international law by U.S. courts.

Recommended: There are no prerequisites, but familiarity with basic principles of U.S. government is important.

Mutually Excluded Courses: Students may not receive credit for this course and the J.D. courses, Constitutional Aspects of Foreign Affairs Seminar or U.S. Foreign Relations and National Security Law or Foreign Relations Law.

Note: Attendance at one of the first two class sessions is mandatory. All enrolled and waitlisted students must be in attendance at the start of either the first or second class session in order to be eligible for a seat in the class. Students are strongly encouraged to attend the first class even if wait listed.

LAW 089 v04 Foreign Relations Law

J.D. Course (cross-listed) | 2 credit hours

This course addresses the constitutional issues that arise in the conduct of U.S. foreign relations. Topics include: Congress’ power to legislate with respect to foreign relations; the respective roles of the President and Congress in initiating and conducting war and other uses of force; the President’s power to conduct diplomatic relations; the scope of the power to make and enforce treaties and other international agreements; the status of treaties and customary international law as United States law; the role of the States in foreign relations; and the role of the courts in foreign relations.

Prerequisite: Constitutional Law I: The Federal System.

Mutually Excluded Courses: Students may not receive credit for this course and the J.D. upperclass course, Constitutional Aspects of Foreign Affairs Seminar, or the graduate course, Foreign Relations Law.

LAW 002 v04 Foundations of American Law

LL.M Course | 2 credit hours

This course introduces foreign-educated LL.M. students to the basics of American law and to the special dynamics of the U.S. legal classroom before they begin a full schedule of classes in the Fall semester. Students will learn about the U.S. legal system, common law reasoning, and contemporary legal issues in the United States. This course will teach common law development and the judicial process through a study of traditional law school subjects, including criminal procedure, corporations, contracts, and constitutional law.

Mutually Excluded Courses: Students may not receive credit for both this course and Introduction to U.S. Legal Systems.

Note: Note: This course is only open to foreign-trained LL.M. students who will be starting the LL.M. program in Fall 2018. This class is graded on a pass/fail basis.

LAW 832 v00 Fraud and Fiduciary Duties Under the Federal Securities Laws

LL.M Course | 2 credit hours

A survey of the law of securities fraud with particular emphasis on litigation under Rule 10b-5. Explores the changing standards of fraud under the federal securities laws and the application of those standards to participants in the securities market, such as underwriters, broker-dealers, investment advisers, corporate officers, tender offerors, and persons engaged in insider trading.

Prerequisite: Securities Regulation.

Note: DISTANCE STUDENTS REGISTER FOR CRN#: 13630. This course is open to both on campus and distance students. However, only students enrolled in the Executive LL.M. in Taxation, the Executive LL.M. in Securities & Financial Regulation, and the MSL programs may take this course on a distance basis. All J.D. students and resident LL.M. students may not enroll in this course on a distance basis.

LAW 2065 v00 Gender and U.S. Foreign Policy

LL.M Seminar (cross-listed) | 2 credit hours

In recent years, the U.S. has developed a comprehensive policy framework that recognizes gender equality as a pillar of U.S. foreign policy and international law. This class will introduce and analyze these policies, including the U.S. National Security Strategy; the Women, Peace and Security Act of 2017; the U.S. Strategy to Prevent and Respond to Gender-Based Violence Globally; State Department and USAID policy guidance on gender. We will examine the legal basis for women's human rights, as well as the body of evidence linking women's advancement to development, prosperity, and stability. Issues covered will include gender and economic growth, peace and security, political participation, health and education, gender-based violence,  and international institutions and treaties.

This class will be featuring prominent guest speakers in the field that will be announced at the first class session.

LAW 1298 v00 Global Anti-Corruption Seminar

J.D. Seminar (cross-listed) | 2 credit hours

In 1977, the United States adopted the Foreign Corrupt Practices Act (“FCPA”) to combat bribery of foreign public officials. As with many U.S.-led initiatives, it was seen at the time as naïve, quixotic, myopic, and doomed to failure. A little more than 20-years later, the Organisation for Economic Co-operation and Development (“OECD”) adopted its Convention on Combatting Bribery of Foreign Public Officials, and as required by the Convention, the countries of Western Europe promptly adopted organic statutes modeled, in large measure, on the FCPA.

In the ensuing decade and a half, prosecutions of corporations for foreign bribery have become perhaps the most important prosecutorial priority for the Department of Justice (“DOJ”) and Securities & Exchange Commission (“SEC”) and certainly the most financially lucrative U.S. prosecution initiative. Transnational investigations have become a staple of these prosecutions. All 10 of the largest FCPA prosecutions have occurred since 2008; of these, eight have involved foreign corporations.

This course will cover the development of U.S., international, and foreign initiatives against public-official bribery. Because (at least in the US) most of these cases have been resolved without litigation, we will focus on critical, unresolved issues, such as the FCPA’s definition of a foreign “instrumentality” and a “foreign official,” as well as the scope of U.S. extra-territorial jurisdiction. In addition to addressing the substance of foreign and international laws and conventions, we will explore the critical issues that arise from the growing trend in trans-national investigations and prosecutions, including double jeopardy, res judicata, and international data collection.

We will explore these issues through fact-based, real-world scenarios drawn, in large part, from the “Bonny Island” case, which involved a scheme by four international corporations to bribe three successive Nigerian presidents (as well as a constellation of lower-ranking officials) to secure multi-billion dollar contracts for the construction of an LNG facility in Nigeria. We will use this factual setting to frame class participation and in-class exercises and projects, with the goal of sharpening critical thinking, tackling complex legal questions in concrete factual settings, and honing advocacy skills.

Learning Objectives:

We have the following expectations of learning outcomes:

  1. We expect each student to achieve mastery of the basic concepts underlying the US Foreign Corrupt Practices Act, including the basic statutory terms, the elements of the various offenses, and the scope of U.S. jurisdiction. In our experience, it is impossible to fully understand and discuss more challenging questions about the scope or application of the statute without mastery of the fundamentals.
  2. We expect each student to gain an understanding of the roles and policies of the U.S. enforcement authorities, the Department of Justice and the Securities and Exchange Commission, and the manner in which FCPA cases are investigated, prosecuted, and defended, as well as how the U.S. enforcement agencies would approach a problem and what outcomes are likely to result.
  3. We expect each student to gain an understanding of the global enforcement landscape for anti-corruption. Students are expected to achieve a basic understanding of the OECD Convention on Bribery, other international anti-bribery conventions, and the leading state laws, including the Brazil Clean Companies Act, the UK Bribery Act, and the French Sapin II. Students will also gain an understanding of the role of the World Bank and other multi-lateral development banks in the worldwide scheme.
  4. We expect students to learn the basic principles of anti-corruption compliance programs, and the manner in which anti-corruption compliance impacts the prevention, detection, investigation, and prosecution of FCPA cases, as well as violations of similar foreign laws.
  5. Through scenario-based learning, we expect students to gain a facility in applying law to fact and an understanding of how governments and defense counsel approach challenging question of jurisdiction, enforcement, and punishment in a multi-jurisdictional, cross-border setting.

Mutually Excluded Courses: Students may not receive credit for this seminar and International Efforts to Combat Corruption Seminar.

LAW 733 v00 Global Commerce and Litigation

LL.M Course (cross-listed) | 2 credit hours

This survey course covers both basic and advanced concepts in the evolving rules governing modern international sales, distribution and investment transactions. The conduct and structure of international litigation that can arise from these transactions, as well as ways to avoid such international litigation, are also examined. Emphasis is on practical problem solving. Specific areas to be covered will include INCOTERMS, the U.N. Convention on Contracts for the International Sale of Goods, payment mechanisms for international sales, international electronic commerce, the structure of international acquisitions, U.S. and European merger notification controls, foreign ownership restrictions, export controls, corruption, and cross-border litigation and arbitration. There will be an open book final exam.

Prerequisite: Contracts (or the equivalent Bargain, Exchange, and Liability) or for foreign-educated LL.M. students, Foundations of American Law, Introduction to U.S. Legal Methods or a Contracts equivalent course from the home country.

LAW 726 v00 Global Competition Law and Policy

LL.M Seminar (cross-listed) | 2 credit hours

This seminar will examine the development of antitrust law around the world, starting with a basic understanding of U.S. and EC competition principles and then reviewing the application of those principles in developing and transition economies including China, India, Africa and Latin America. Particular emphasis will be on merger control and regulation of dominant firm conduct (monopolization/abuse of dominant position). We will also consider the role of competition policy in economic and political development generally. Grading will be based on a paper and an assessment of class participation.

Prerequisite: For J.D. students: Antitrust Law or Antitrust Economics and Law. LL.M. students should have some previous work experience or coursework in U.S. antitrust law or competition regulation in other jurisdictions; otherwise professor's approval required before enrolling.

Note: This seminar requires a paper. J.D. students must register for the 3 credit section of the seminar if they wish to write a paper fulfilling the Upperclass Legal Writing Requirement for JD students. The paper requirements of the 2 credit section will not fulfill the Upperclass Legal Writing Requirement for JD students.

LAW 726 v01 Global Competition Law and Policy

LL.M Seminar (cross-listed) | 2 credit hours

This seminar will examine the development of competition laws around the world, differences in substantive standards among the major enforcement jurisdictions, the possible consequences of those differences, and the means to address them. We will start with a basic understanding of U.S. and EC competition principles, and then compare and contrast these with the principles applied in developing and transition economies, such as China, India, and South Africa. Particular emphasis will be on current issues and trends, multi-jurisdictional merger control, and regulation of dominant firm conduct. We will also consider the role of competition policy in economic and political development generally.

Prerequisite: for J.D. students: Antitrust Law or Antitrust Economics and Law. It is recommended that LL.M students have some previous coursework or work experience in competition law in the U.S. or another jurisdiction.

LAW 2007 v02 Global Cybercrime Law

LL.M Seminar (cross-listed) | 2 credit hours

This course will examine the key legal and policy issues associated with cybercrime – i.e., crimes in which computers and the Internet serve as targets, as storage devices, and as instrumentalities of crime – as a global phenomenon. As the Internet has become a truly global medium for commerce and communication, nations are gradually recognizing that new technology can not only expand the reach and power of traditional crimes, but foster new forms of criminal activity as well, throughout the world. The course will adopt an explicitly comparative legal approach to the problem of cybercrime, focusing principally on nations in North America, Europe, and Asia, and address pertinent international legal issues where appropriate. It will first address basic issues in comparative criminal law, as well as background information on computing and Internet technology. It will then address some of the most prominent topics in the substantive law of cybercrime (e.g., pornography and obscenity, "hate speech," cyberstalking, hacking, fraud, intellectual property offenses such as software piracy and economic espionage, and other issues associated with privacy and anonymity on the Internet). It will then turn to major issues in the procedural law of cybercrime (e.g., surveillance technologies such as Carnivore and legal standards for interception of electronic communications). Given the rapid pace of developments in computing and Internet law, the course will incorporate the most current materials available online and in hard copy. Students will be expected to use the Internet for intraclass communications and access to certain course materials, but need not have a detailed knowledge of computing or the Internet.

Prerequisite: Criminal Law.

Mutually Excluded Courses: Students may not receive credit for both this course and the J.D. seminar, Computer Crime Seminar, or the J.D. course, Computer Crime.

LAW 3034 v00 Global Derivatives Law and Regulatory Policy

LL.M Seminar (cross-listed) | 2 credit hours

This course explores the global legal and regulatory framework for futures, swaps, options, and other derivatives, with a focus on the ways that technology and innovation are changing how these markets function and are regulated. High-frequency trading (HFT) firms now use algorithmic trading robots to place trades in futures contracts and other financial instruments in fractions of a second, while the markets for futures and other derivatives are witnessing the rise of digital intermediaries – computers and software programs – that perform the role of traditional intermediaries. Likewise, blockchain technology offers the prospect of settling transactions in a manner that is fundamentally different to the financial industry’s current approach of using overlapping centralized ledgers. Students will analyze the unique challenges that the increasing use of these and similar technologies present for U.S. and international policymakers, regulators, and market participants. Students will learn the overall structure and key provisions of the US regulatory framework and policy perspectives, which will be compared and contrasted with those of other jurisdictions, such as the EU and its member countries, with an emphasis on how the statute, regulations, and precedent are addressing (or not addressing) issues brought about by technological advances, such as market manipulation by algorithmic robots. Class participation is expected. Students will be graded on one long paper and several smaller writing assignments.

Recommended: Securities Regulation

Note: DISTANCE STUDENTS REGISTER FOR CRN#: 35371. This is an online-only section for distance-learning students, and there are no live on-campus sessions. The class is asynchronous but requires weekly assignment submissions. Only students enrolled in the Executive LL.M. in Taxation, the Executive LL.M. in Securities & Financial Regulation, and the MSL programs may register for this course. All J.D. students and resident LL.M. students may not enroll in this course on a distance basis.

LAW 3028 v00 Global Drug Law and Regulation

LL.M Seminar (cross-listed) | 2 credit hours

Globalization and the international trade of drugs and medical products have progressed beyond any single regulatory authority’s ability to effectively ensure the quality, safety, and effectiveness of these products. In the U.S., the importation of foreign sourced products has increased tremendously, accounting for over 80% of the active pharmaceutical ingredients. However, varying drug regulations have resulted in gaps in oversight causing differing views on the acceptable level of risk in public health leading to drug quality related deaths and other serious harms. One clear reason for this compromised system is the differences in how these products are regulated from country to country. Nevertheless, the pharmaceutical and related industries are thriving in the global marketplace. This course is intended to be the first comparative survey into the regulatory frameworks of certain key countries, both developed and developing markets, along with international institutions, such as the World Health Organization, involved in promoting the access and development of safe, effective and quality medical products. This course will also identify the major international non-governmental stakeholders, and the multi-lateral schemes and treatises in which they operate that are intended to assist in the convergence of pharmaceutical laws and regulations.

Recommended: Prior Enrollment in Food and Drug Law

LAW 1475 v00 Global Governance and Transnational Law

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

This course will explore the role of law in global governance and the global political economy from a transnational perspective. Based on problems and case studies, the course will examine the transnational perspective at play in areas such as investment, trade, development, business transactions, the family, the environment, human rights, labor, and drug trafficking. The course will show how effective lawyers, be they transactional lawyers, activists or regulators understand the mosaic of relevant legal materials and the levers they can use to structure a deal, promote a cause, or influence behavior of relevant actors.

Methodologically, we will explore how the transnational perspective helps us understand and address issues that involve multiple actors (states, corporations, NGOs, indigenous groups), multiple laws (national laws, international agreements, contracts) and multiple jurisdictions (national courts, international tribunals, supra national arbitration panels). We will also explore the limitations of the nation state as the primary source of law, looking at alternative and competing sources of norms such as private self-regulation, global indicators, or community customary laws.

Throughout the course we will reflect on what this perspective contributes to our understanding of global governance, including how new forms of regulation transform the relationship between public interest and private power, and challenge values such as national sovereignty, individual autonomy, traditional practices, distributive justice, and cultural diversity. We will discuss how this transnational perspective may help us see the role of law in structuring power relations and policy choices, pressing us to address important ethical and political questions.

LAW 493 v01 Global Health Law

LL.M Course | 3-4 credit hours

Global Health Law is the flagship course for Georgetown University Law Center’s O’Neill Institute for National and Global Health Law. This course is open to both Georgetown JD and LLM students and is a compulsory unit in the Global Health LLM.

No longer an emerging field, global health law encompasses international law and policy that directly or indirectly affects global health, including treaties, regulations, global strategies and other non-binding standards, national and international jurisprudence etc. The field of study includes both legal instruments designed to protect public health as well as the interaction between legal instruments from other international legal regimes and public health considerations and concerns. This course provides a strong foundation in these laws and policies, including governance of the World Health Organization, the International Health Regulations, the WHO Framework Convention on Tobacco Control, international trade and investment law, and human rights treaties such as the International Covenant on Economic, Social, and Cultural Rights.

In examining the application and effectiveness of global health law, this course provides a normative foundation for global health issues including infectious diseases (such as Ebola, HIV/AIDS, tuberculosis, malaria, and influenza) and noncommunicable diseases (such as diabetes, cancer and cardiovascular disease and their causes, including obesity, tobacco, and alcohol).

In this course, students will hear from leading voices in global health and the law and benefit from the expertise of Georgetown Law’s O’Neill Institute.

Text

The compulsory text for the course is Gostin, “Global Health Law” (2014, Harvard University Press). Additional readings – including key legal instruments – will be assigned for each topic.

Recommended: Prior enrollment in International Law I.

Note: Required for the Global Health Law LL.M.

LAW 594 v00 Global Health Law: An Intensive, Problem-Based Exploration

J.D. Seminar (cross-listed) | 2 credit hours

In this intensive course, students will work with faculty and fellows at the O’Neill Institute for National and Global Health Law to gain an in­depth understanding of global health law through intensive examination and role play of one or more major problems in global health. Potential problems could include a naturally occurring infectious disease epidemic such as extensively drug resistant tuberculosis; a future epidemic such as pandemic Influenza (A) H5N; an intentional introduction of a lethal pathogen such as anthrax; and/or major chronic diseases caused by obesity or tobacco use. Students should come to this course with a basic level of understanding of global health law, including the major international health treaties and governing structures. When studying and role playing these kinds of problems, students will be asked to construct innovative methods of global health governance, drawing upon existing international health law and institutions, along with a vision for more ideal models. The course will also capitalize on materials developed in collaboration with faculty from the School of Nursing and Health Studies for use in the “health care situation room”.

Full attendance and participation is required at all sessions. Class sessions will consist of a combination of lecture, case simulations, and discussion. Grades are based on student participation, a daily journal to be kept by students, and a final paper.

Note: The first weekend of the course will be held at the Law School and the second weekend will be on the Main Campus at St Mary's at the School of Nursing and Health Studies.

A student will be permitted to drop a course that meets for the first time after the add/drop period, without a transcript notation, if a student submits a written request to the Office of the Registrar prior to the start of the second class meeting. Withdrawals are permitted up until the last class for this specific course.

ATTENDANCE IS MANDATORY AT ALL CLASS SESSIONS. All enrolled and waitlisted students must be in attendance at the start of the first class session in order to be eligible for a seat in the class and must attend each class session in its entirety. This course requires full participation at all class sessions.

LAW 900 v01 Global Indirect Tax: The VAT

LL.M Seminar (cross-listed) | 2 credit hours

During this century, the United States has raised revenue chiefly through the income tax, which is a per capita or direct tax. In many other countries, fiscal authorities rely far more heavily on indirect taxes. With the pace of globalization accelerating, U.S. tax professionals increasingly advise foreign clients, for whom indirect taxes may constitute a large percentage of aggregate tax liability. A basic knowledge of how these taxes work is thus a valuable asset for any lawyer doing corporate or international tax work.

This course will introduce students to indirect taxation, exemplified by the European Union’s Value Added Tax (“VAT”) and Canada’s Goods and Services Tax (“GST”), two of the fastest-growing indirect taxes globally. The course will examine the economic and policy rationales for such taxes and study in detail how different types of value added taxes work, including tax calculations and cross-border aspects. Finally, the course will compare the VAT with the retail sales taxes imposed by many U.S. state and local governments and will consider the feasibility of adopting some version of a VAT in the United States. At the end of the course, students will have a broad technical understanding of indirect taxes and an appreciation of the policy concerns that animate legislative and academic discussion of this important subject.

This two-credit course will be divided into nine 3-hour class sessions. All sessions will be taught by global indirect tax professionals from KPMG’s Washington D.C. office.

Prerequisite: Federal Income Taxation (formerly Taxation I).

Note: A student will be permitted to drop a course that meets for the first time after the add/drop period, without a transcript notation, if a student submits a written request to the Office of the Registrar prior to the start of the second class meeting. Withdrawals are permitted up until the last class for this specific course.

LAW 068 v01 Global Revolutions, Civic Activism, and Civil Society

J.D. Seminar (cross-listed) | 1 credit hour

Governments are cracking down on protests, NGOs, and dissent. We'll not only discuss events in the news, but we'll also speak to people making the news. For example, previous classes have spoken to protest leaders, UN Special Rapporteurs, and lawyers for NGOs allegedly engaged in terrorism.

The seminar will provide a global tour of the legal frameworks governing civil society and civic activism. We'll explore international law and national legislation in Europe, Africa, the Middle East, Asia, Latin America, and the US. We'll also have some fun, playing the role of UN Ambassadors, government officials, and NGO leaders in interactive exercises to explore this cutting-edge field of international law.

The seminar will provide contacts and skills to help you pursue a career in international human rights law. Internships are also available for eligible students at the International Center for Not-for-Profit Law, which works in 100 countries to advance civic freedom.

Learning Objectives:

By the end of the semester, you should have the ability to:

  1. Analyze international law governing the freedoms of association and assembly;
  2. Evaluate the extent to which national legislation complies with international law;
  3. Craft arguments to bring national legislation closer to international law and good practice;
  4. Communicate effectively with diplomats, government officials, and civic activists;
  5. Analyze ethical aspects that arise in crafting laws that affect the freedoms of association and assembly; and
  6. Assess the impact of law on nonprofit organizations, social movements, and protests.

Note: Space is limited. ATTENDANCE IS MANDATORY AT ALL CLASS SESSIONS. All enrolled and waitlisted students must be in attendance at the start of the first class session in order to be eligible for a seat in the class and must attend each class session in its entirety.

Withdrawals are permitted up until the last class for this specific course.

LAW 750 v01 Global Securities Offerings

LL.M Course (cross-listed) | 2 credit hours

In this course, students will learn how to structure and execute global securities offerings. The course begins with a brief examination of the process of an SEC-registered offering in the U.S., and the ongoing requirements of SEC reporting companies, and then continues by examining how to conduct offerings, both domestically and internationally, outside of SEC registration. Topics include the registration requirements of 5 of the Securities Act, the various exceptions from registration, including Sections 4(a)(1), 4(a)(2) and 4(a)(7) of the Securities Act, the safe harbors pursuant to those exemptions, including Regulation S, Regulation D, Rule 144, Rule 144A, and the changes to certain of those rules and regulations by recent legislation, including the JOBS Act and the FAST Act. In addition to a thorough review of the rules and regulations in the course materials, this course seeks to give students insight into how those rules and regulations are used in practice, and into the mechanics of conducting various types of securities offerings, so that upon completing the course students are better prepared to address these topics in practice. The course was jointly developed by a senior SEC staffer and a private practitioner. Note that there is no pre-requisite for this course.

LAW 061 v00 Globalization and Systemic Risk Seminar

J.D. Seminar (cross-listed) | 3 credit hours

This course explores the impact of globalization on systemic risk and international financial regulation. Our focus this year will include law and international monetary policy and its implications for the regulation of international finance. The course will also examine past and present financial crises and in the process address some of the measures recently taken by national regulators, international standard setters and market participants to address these risks.

Students will be expected to read with precision and care between 100-150 pages a week and to provide for each class a one page analysis of the reading, which will be distributed to students via Courseware. Additionally, at least once during the semester, each student will either individually or with other students, direct class discussion on one of the assigned readings. Students taking the class for 3 will be required to write a seminar paper meeting the upper level writing requirement, though may lead a class discussion on their seminar paper in lieu of discussing an assigned reading.

Readings will include Lords of Finance, In Fed We Trust, Globalizing Capital and others. We will additionally discuss other assigned readings from various law reviews, think tank reports and policy initiatives by international standard setting bodies.

Recommended: Corporations, Securities Regulation, Secured Transactions, International Law.

Note: The 3 credit section of this course requires Professor Permission to enroll. Interested students should email Professor Brummer (chris.brummer@law.georgetown.edu) by June 2, 2014 with a one-page description of their proposed research project outlining the topic and argument they are considering. Students must register for the 3 credit section of the seminar if they wish to write a paper fulfilling the Upperclass Legal Writing Requirement. The paper requirements of the 2 credit section will not fulfill the J.D. Upperclass Legal Writing Requirement.

LAW 419 v00 Governance of Nonprofit Organizations

J.D. Seminar (cross-listed) | 1 credit hour

This seminar will examine the rapidly developing field of governance “best practices” for nonprofit organizations. Recent crises and resulting reforms at leading nonprofit organizations will be used as case studies and the course will also consider the impact of government legislation and tax policies. Guest speaker participants will include governance experts who have led reform studies for nonprofit organizations and senior executives of local nonprofits.

Learning goals for this course: Give students an overview of the governance challenges faced by nonprofit organizations and how they are resolved. Uses case studies of specific governance crises at a variety of nonprofit organizations.

Prerequisite: Prior or concurrent enrollment in Corporations.

Recommended: Federal Income Taxation (formerly Taxation I).

Note: A student will be permitted to drop a course that meets for the first time after the add/drop period, without a transcript notation, if a student submits a written request to the Office of the Registrar prior to the start of the second class meeting. Withdrawals are permitted up until the last class for this specific course.

LAW 202 v00 Government Contracts

J.D. Course (cross-listed) | 2 credit hours

This course analyzes the basic considerations in contracting with the federal government, including the sovereign's power to contract, the applicable statutes, regulations and executive orders, and sovereign immunity. Material covers methods of acquisition: sealed bidding or negotiation (competitive proposals); requests for quotations; Multiple Award Schedule (MAS) contracting; the problems of offer, acceptance, and consideration; as well as the authority of government agents to contract. The materials also focus on the problems of contract performance, including changes; delays and suspensions of work; contract termination either for contractor default or for government convenience; and equitable adjustments and allowable costs. There is emphasis throughout the course on the practical as well as the substantive problems, including the dispute procedures before the boards of contract appeals and appeals to the U.S. Court of Federal Claims, as statutorily mandated by the Contract Disputes Act of 1978; extraordinary rights and remedies, including recovery for defective pricing and Public Law 85-804 requests; and bid protest proceedings before the agencies, Government Accountability Office (GAO), and the U.S. Court of Federal Claims. The course also includes a discussion of the changes to the government contracting process, to allow for "commercial item" contracting, as a result of the Federal Acquisition Streamlining Act of 1994 and the Federal Acquisition Reform Act of 1996.

Prerequisite: Contracts (or Bargain, Exchange, and Liability).

LAW 1110 v00 Government Enforcement Investigations: A Study at the SEC

J.D. Course (cross-listed) | 2 credit hours

Government enforcement programs are more vigorous than ever, and lawyers on all sides of an issue need to be able to investigate and understand what happened. Investigative skills are an essential part of the toolkit of any attorney. Fact-finding and analysis are core elements of all legal work, but too often, lawyers are left to develop crucial, practical skills without guidance or training.

Government investigations – such as those into violations of the federal securities laws – require a unique skill set, above and beyond substantive knowledge of legislation and rules. Enforcement attorneys need skills to identify key documents, review large amounts of information, interview witnesses and then summarize their work in writing. The private attorneys representing companies and individuals need to do similar work.

The course attempts to provide practical skills in the context of broader ideas about how to investigate and about how the Securities and Exchange Commission investigates. This will include some substantive law and some academic critique of the SEC, but it will concentrate on practical issues like how to gather information, how to analyze it against substantive law, how to deal with lies, and why lawyers must make themselves comfortable with technical subjects.

Through this course, students will learn about how lawyers investigate through the lens of the SEC Enforcement Division’s securities enforcement investigation. Students will consider the life cycle of an Enforcement Division investigation – from the first tips through collecting information through deciding whether a violation has occurred – and gain an appreciation of how to use investigative powers responsibly. The course will rely heavily on publicly-available primary documents, including lawyer work product like subpoenas, transcripts, court orders, complaints and motions. The course will also include case studies for students to try their hand at making decisions.

The course will focus on the goals and tools of law enforcement, including how to start, plan and conduct an investigation. It will contrast those investigations with similar efforts by journalists, investors, and other government agencies. It will also examine investigations from the perspective of defense lawyers – both conducting their own investigations and responding to the government – so that students may learn how to act on behalf of private clients. We want students to think about and prepare for the investigations that they’ll do in their careers.

Recommended: We do not assume students have taken any other classes. Prior or concurrent enrollment in Securities Regulation may give you some familiarity with issues covered in this class, but it is not necessary.

LAW 1028 v00 Health Care Fraud and Abuse Seminar

J.D. Seminar (cross-listed) | 2 credit hours

One-fifth of the U.S. economy centers around health care industry sectors. This seminar examines criminal, civil and administrative tools used by federal and state enforcement authorities to police the U.S. healthcare system. We will focus on cases brought under federal and state False Claims Acts (FCA), the Anti-Kickback Statue (AKS), Stark laws, Federal Food Drug and Cosmetic Act (FDCA), and Foreign Corrupt Practices Act (FCPA). The seminar provides a survey of the enforcement activities of the U.S. Department of Justice (DOJ), the Office of Inspector General at Department of Health and Human Services (OIG), and state Medicaid Fraud Control Units (MFCUs) in matters against pharmaceutical and medical device manufacturing companies, physicians, hospitals, clinical practices, nursing homes, laboratories, and others. The seminar materials thoroughly cover the statues, safe-harbors, and regulations that govern the health care industry. We will also discuss risk mitigation strategies and compliance program best practices across industry sectors to provide insight into the impact enforcement has on (1) clinical decision-making, (2) costs to providers, payers, and patients, (3) patient safety, and (4) quality of care. In an effort to maintain a broad perspective with the diverse and frequently changing legal landscape in the area, in addition to the case book, materials discussed and presented in this course draw from news reports, trade publications, and U.S. government agency materials.

The class requires a paper of approximately 20-25 pages in length.

Recommended: Criminal Justice (or Democracy and Coercion) or Criminal Procedure.

LAW 2037 v00 Health Information Technology and the Law

LL.M Seminar (cross-listed) | 2 credit hours

Health care decision-making and innovation are increasingly driven and made possibly by vast stores of data. The importance of data has created an inevitable push-pull dynamic between concerns for confidentiality and demands for medical progress and cost containment. Data is both a privacy risk and a tremendous asset. This course will explore the legal and ethical issues at the intersection of health information, including where data comes from, how it is and should be protected, how it can be used, and risks to its integrity and security. In doing so, this course will cover a range of topics including health information privacy, future use of data assets, and conflicts of interest.

LAW 206 v03 Health Law and Policy

J.D. Course (cross-listed) | 4 credit hours

Health law is a vast and expanding field. No single course can survey it all. This course focuses on the organization, financing, and provision of medical care, with an eye toward issues not yet resolved by courts, legislators, regulators, and American society. It also considers some related ethical questions. Topics and themes include the economics of health insurance and managed care, regulatory responses to the market's perceived failures, medical tort law, access to care, consumer choice and patient autonomy, defining and assessing quality, health care providers' conflicts of interest, privacy and confidentiality, and socio-economic and racial disparities in health and medical care.

LAW 2076 v00 Health Law and Regulation

LL.M Course (cross-listed) | 3 credit hours

Beyond health insurance and the delivery of health care, goods and services related to individual and public health are highly regulated in the United States, and often serve as a basis for international regulations. These goods and services are a large and growing part of the U.S. and world economy, with some estimates being that more than one-quarter of U.S. food and medical products are regulated by the FDA alone. This regulation is carried out directly by a variety of State and Federal agencies (such as the FDA, the CDC, and the NIH) as well as indirectly through the purchasing power of federally financed programs, such as Medicare.

This course will include an introduction to the basic legal and regulatory frameworks within public health and an overview of the Constitutional limits and policy choices that have led to current law. The course will then move to a review of several major fields of regulation. From a high-level, this includes the regulation of health professionals, health systems, and medical or food products impacting human health. The course will then conclude with an examination of several contemporary problems, such as the safe and effective use of human drug products, infectious-disease prevention and control, ethical research practices, and rationing and allocation of limited resources.

The primary objective of the course is to teach students about the regulation of public health at the intersection of state and federal levels, recognizing that such regulatory frameworks often become the template for international policies. Students will be called on to learn the basics of two fundamental statutes—the Public Health Service Act (PHSA) and the Food, Drug and Cosmetic Act (FDCA). Students will also be called upon to follow examples of administrative change under these statutes, each year analyzing a new set of proposed regulations and sub-regulatory guidance documents. By the end of the course, students will be able to describe the major means by which goods and services used in both personal and public health are controlled, as well as areas in which future changes are likely.

Currently, there is no text or case book on this subject. The primary readings will be assigned by the professor.

LAW 3054 v00 Health Rights Litigation Intensive

LL.M Course (cross-listed) | 2 credit hours

This one-week intensive course offers students an opportunity to develop specialist-level knowledge in litigating health-related rights at the national, regional, and international levels.

During the course, globally renowned experts will lecture on a range of topics, including: regulation of private actors; sexual and reproductive health and rights; rights issues arising in health-care settings; approaches to health-care rationing and factors to consider in assessing the equity impacts of judgments; access to medicines and intellectual property; judicial legitimacy in deciding issues with budgetary and policy implications; and judicial effectiveness and impact of judgments.

The course is highly participatory, and uses case-based teaching and group exercises extensively. Students will be evaluated based on their participation in lectures and group exercises throughout the week, as well as their participation in either the moot court competition or the fundraising pitch on the final day of the course.

Recommended: Prior enrollment in International Human Rights; International and Comparative Law on Women's Human Rights; Gender, Sexual and Reproductive Health and International Human Rights Law; O’Neill Institute Practicum: Health and Human Rights

Note: This class will meet on the following Summer 2017 dates: 6/26, 6/27, 6/28, 6/29, and 6/30.

LAW 845 v00 Hedge, Private Equity and Other Private Funds

LL.M Course (cross-listed) | 2 credit hours

This course will provide an in-depth look at the structure of, and law applicable to private funds, which are pooled investment vehicles designed to operate outside of the scope of the U.S. Federal securities laws. Among the investment vehicles to be studied are hedge funds, private equity funds, and venture capital funds. The course will begin with an examination of the exclusions and exceptions under the U.S. Federal securities laws on which private funds and their managers seek to rely in operating beyond the reach of those laws. The course will then turn to a consideration of the ever-increasing regulations from private funds formed under U.S. law and their sponsors and managers cannot escape. The next segment of the course will center on business, tax and marketing considerations faced when organizing and operating private funds. The last segment will include a “how-to” class devoted to the drafting of the documents underlying private funds and a class examining “hot button” issues of the day for private fund sponsors and managers. [Formerly titled "Non-U.S. Regulated Investment Vehicles" and “Hedge Funds, Private Equity Funds and Other Similar Investment Vehicles”]

Prerequisite: Securities Regulation.

Note: DISTANCE STUDENTS REGISTER FOR CRN#: 35372. This course is open to both on-campus and distance students. DISTANCE STUDENTS WILL BE REQUIRED TO ATTEND LIVE VIA ZOOM VIDEOCONFERENCING AT THE SPECIFIED MEETING TIMES. Only students enrolled in the Executive LL.M. in Taxation, the Executive LL.M. in Securities & Financial Regulation, and the MSL programs may take this course on a distance basis. All J.D. students and resident LL.M. students may not enroll in this course on a distance basis.

LAW 311 v01 Higher Education and the Law Seminar

J.D. Seminar (cross-listed) | 2-3 credit hours

Higher education plays a singular role in our society. Colleges and universities are complex organizations and institutions with unique missions to discover, create and transmit knowledge, and to further social mobility. Higher education intersects with the law in a myriad of ways. This course examines the legal issues that shape higher education, particularly in the United States. The course covers the distinctions between public and private colleges and universities, religion and higher education, accessibility to and financing of higher education, academic freedom, shared governance, admissions, free expression, privacy and freedom of association, campus safety with a particular focus on sexual assault, and issues of race, disability, gender and sexual orientation. We will consider student rights and responsibilities, faculty issues concerning research ethics and the classroom, and the roles of presidents, governing boards, and university general counsels. Materials include relevant statutes and cases as well as readings from related fields. Our goal throughout the course will be to understand the breadth of issues faced by higher education in the United States in pursuing its mission, and the ways in which legal rules and norms relate to these issues.

Recommended: Prior or concurrent enrollment in Constitutional Law II: Individual Rights and Liberties.

Note: This seminar requires a paper. J.D. students must register for the 3 credit section of the seminar if they wish to write a paper fulfilling the Upperclass Legal Writing Requirement. The paper requirements of the 2 credit section will not fulfill the J.D. Upperclass Legal Writing Requirement.

LAW 216 v02 Historic Preservation Seminar

J.D. Seminar (cross-listed) | 2-3 credit hours

In recent decades, the preservation of historic buildings, neighborhoods, and landscapes has become a significant basis for regulation of private property, as well as an important motive for public and charitable ownership. In the District of Columbia, for example, there are over 25,000 buildings and 43 historic districts protected. This seminar examines the theory and practice of historic preservation. The practical focus of the course will be on the nationally significant law and institutions in the District of Columbia and how they might be improved. Students will have opportunities to hear from recognized preservation experts and architects, visit several districts, attend public proceedings of the DC Historic Preservation Board, and meet with actual participants in controversial preservation battles. Each student must complete a substantial original research paper, as the seminar satisfies the upperclass writing requirement.

Recommended: Constitutional Law and/or Land Use Law.

Note: This seminar requires a paper. J.D. students must register for the 3 credit section of the seminar if they wish to write a paper fulfilling the Upperclass Legal Writing Requirement. The paper requirements of the 2 credit section will not fulfill the J.D. Upperclass Legal Writing Requirement.
Students may not withdraw from this class after the add/drop period ends without the permission of the professor.

LAW 1410 v00 History of Modern Legal Thought

J.D. Course (cross-listed) | 1 credit hour

Legal thought is influenced by political, intellectual and cultural trends and fashions. The aim of this course is to provide an overview of the history of modern legal thought, in Europe and North America, and link developments in legal thought to political and cultural changes. The first part of the course will focus on the emergence of modern legal thought in continental Europe and England in the last decades of the eighteenth century and the first half of the nineteenth century. Among the topics that will be discussed will be codification, the Historical School of Law, and mid-nineteenth century evolutionary theories of law. Most of the second part of the course will be devoted to the history of American legal thought, discussing late-nineteenth century legal science, early twentieth century anti-formalist approaches, and finally interwar and postwar American legal thought. Grades will be based on class participation and a take-home exam. The course may be taken on a pass/fail basis.

Note: This course will meet in Fall 2016 on Wednesdays and Fridays, 9:00 am - 11:00 am on the following dates: 10/5, 10/7, 10/14, 10/19, 10/21 (class will meet from 9:00 am - 12:00 pm), and 10/26.

LAW 1403 v00 Hot Topics in Antitrust

J.D. Seminar (cross-listed) | 2 credit hours

Antitrust is dynamic. In regulating business strategy, competition law is only as effective as its understanding of each industry’s idiosyncrasies. Novel business practices reflect changing technologies, market conditions, and strategies. Antitrust lawyers do not simply master doctrine. Fluent in the basic principles of antitrust law and economics, they understand industry conditions and the enforcement agencies’ agendas. Above all, they stay abreast of cutting-edge developments in the law.

This seminar bestows that understanding. We will discuss today’s most hotly debated antitrust questions, explore how foreign jurisdictions’ competition laws and enforcement ideals deviate from U.S. practice, and delve into the industry-specific issues that arise in fields ranging from healthcare to wireless technology.

Major points of focus include the evolving relationship between antitrust law and intellectual-property rights. We shall discuss post-Actavis issues in the pay-for-delay space, including no-authorized-generic promises by pioneer-drug manufacturers and whether the continuation of infringement litigation immunizes a reverse payment. Outside of the life sciences, urgent questions involve antitrust limits on IP aggregation by patent-assertion entities and practicing firms. Further, when does a “privateering” agreement between a practicing entity and a PAE implicate competition law? Does the owner of a standard-essential patent violate antitrust law in seeking to enjoin a technology user despite its prior assurance to license on reasonable and nondiscriminatory terms? We shall also address antitrust limits on patent licensing and refusals to deal. Agency guidelines overseas, such as in China, and enforcement actions in Asia more broadly hint at the direction of international antitrust in this area.

In the larger field of antitrust and technology, some commentators argue that big data and privacy may implicate competition policy. In 2016, Germany’s Federal Cartel Office accused Facebook of abusing its dominance based on privacy and big-data theories. Do those allegations hold water? A recurring problem in antitrust, which has emerged anew in the pharmaceutical industry, is predatory innovation. A separate development goes to the nature of actionable conspiracies where the lines between vertical and horizontal agreements become blurred. The Apple e-Books saga, which came to an end in March 2016 when the Supreme Court denied cert., has important repercussions for the law in this space. We shall also address the ongoing debate about the reach of Section 5 of the FTC Act, which allows the FTC to reach beyond the Sherman Act to condemn unfair methods of competition. The FTC’s controversial 2015 statement of enforcement principles on Section 5 features here, and we shall ask whether it makes sense that the Justice Department and FTC can subject firms to distinct liability standards. We shall touch on pending legislation, the SMARTER Act, which touches upon those issues. A critical antitrust issue that remains unresolved is the scope of Noerr-Pennington immunity. Finally, we will discuss contemporary issues in healthcare-merger oversight.

Recommended: Prior or concurrent enrollment in a basic antitrust course.

LAW 1408 v00 Human Genetic Engineering: Law and Policy

J.D. Seminar (cross-listed) | 2 credit hours

This two-credit seminar will open a window into the fast-developing world of human genetic engineering. It begins with a review of international and regional efforts to ban or restrict human germline modification (HGM), along with a brief world overview of relevant laws and trends. It then focuses on cutting-edge techniques like CRISPR/Cas9 and organized research efforts, particularly in China, that may nonetheless spark a race to create designer babies within a decade or less, as regulation lags behind technology and human affairs. Next, we examine two more well-established reproductive technologies, mitochondrial replacement and pre-implantation genetic diagnosis (PGD), to identify forces that are likely to guide HGM regulation as relevant technologies become safer and more efficient. We'll study the U.K.'s recent adoption of mitochondrial transfer to reduce birth defects or enhance fertility and then learn about evolving U.S. policy. We'll follow the spread of PGD, initially used to identify embryos bearing genes causing incurable childhood diseases, first to other less serious conditions, then to the creation of "savior siblings" and finally to non-medical uses like sex selection. Then we'll return to HGM and view a sample of public policy proposals and religious views likely to influence the coming debate. Finally, we'll close with an introduction to futuristic impulses to implement theoretically limitless improvements to human capabilities, sometimes balanced by the desire to use HGM to improve human moral character and tempered by doubts regarding the moral status to be accorded new HGM creations.

LAW 2020 v00 Human Rights and the Inter-American System

LL.M Seminar (cross-listed) | 2 credit hours

This course will examine the Inter-American Human Rights System, its impact on the protection of the individual, the strengthening of democratic institutions and the rule of law in the Americas. The course will be divided in two parts. The first part of the course will examine the practice and procedure of the two main institutions of the Inter-American Human Rights System: The Inter-American Commission on Human Rights (IACHR) and the Inter-American Court on Human Rights (IACtHR); including a practical training that will enable students to engage in a lively interaction with the IACHR. The second part will examine the main developments of this regional system’s jurisprudence. Specifically, in this part of the course there will be a discussion of the approaches of the Inter-American System with respect to impunity and transitional justice, freedom of expression, the rights of women, indigenous peoples’ rights and the rights of Lesbian, Gay, Bisexual, Trans and Intersex persons. In this section of the course, we will also analyze U.S. engagement with the Inter-American System.

Learning Objectives:

Through this course, students will acquire a strong substantive and practical understanding of the functioning, challenges and opportunities of the Inter-American Human Rights System and how it can be used to protect human rights in the Americas.

Strongly Recommended: Public International Law or International Human Rights Law

LAW 370 v02 Human Rights at the Intersection of Trade and Corporate Responsibility

J.D. Seminar (cross-listed) | 2 credit hours

Corporations today have a global scale as well as an impact that matches or sometimes exceeds that of governments. Their activities -- from sourcing of raw materials, to processing and production of intermediate or finished goods, to distribution and sale -- have major consequences not only for the human rights of their employees but also for the rights of the individuals and communities impacted by their operations. In many countries, government regulation and oversight are either absent or largely ineffective. Companies in turn struggle to define their responsibilities in the face of these "governance gaps" -- particularly where requirements under national law fall short of international standards in areas such as hours of work and safety and healthy.

A robust and often contentious debate over these issues culminated in the development of the U.N. Guiding Principles on Business and Human Rights (the “UNGPs”) under the leadership of Special Representative John Ruggie. These Principles establish a framework for considering the respective roles of governments and corporations and outline core concepts of human rights due diligence and effective remedy. In doing so, the UNGPs also inform and to some extent refocus efforts that have emerged over the past 20 years to address these governance gaps and have brought together stakeholders from business, labor, civil society, the investment community, and academia.

At the same time, in recent years there has been an increased push from civil society groups and certain governments to go beyond these "voluntary" efforts and develop a binding business and human rights treaty mechanism; this has met with strong opposition from business and many other governments, including the United States.

Even as "non-regulatory" approaches remain the predominant means of addressing various business and human rights challenges, there also has been a growing focus in recent years on tools through which national governments and international institutions could exercise greater leverage. This includes advocacy for stronger labor and other human rights language in trade agreements, one-way trade preference programs, procurement standards, and the rules and guidelines applied by international financial institutions -- coupled with more aggressive enforcement of those criteria. Expanded efforts to advance that "regulatory" approach in trade policy and elsewhere in some cases has been met with resistance from governments and business, but there also have been examples of emerging consensus among a diverse range of stakeholders.

This course introduces students to this quickly-evolving business and human rights landscape, including the diverse set of multi-stakeholder initiatives -- some, but not all, of which include government participation. We will discuss the guidance provided by the UNGPs and other instruments, the range of stakeholders and how they engage with one another, tools utilized by governments and corporations to implement human rights standards, and how all of these interact in the context of both sector-specific and cross-cutting legal and policy challenges.

Among the questions the course will examine are:

  • Which human rights standards are most relevant to business?
  • What are the appropriate linkages between business policies and practices and the promotion of human rights?
  • Which business and human rights approaches are emerging as “best practices" and perhaps even as recognized norms?
  • What tools to support those are being used by governments and corporations?
  • Who are the principal stakeholders and what are their roles and objectives?
  • What are the strategies for addressing business and human rights "governance gaps" at the national and international levels?
  • What are the opportunities for increased integration of labor/human rights and trade policies, and what are the limitations?
  • What mix of mandatory/regulatory and voluntary/“self-regulatory” approaches has been utilized in different situations to advance human rights objectives? Which approaches have been most effective?
  • How are various business and human rights challenges playing out in specific sectors, and how do these inform the debate about different approaches?

To address these and other key questions, the course will begin with several sessions setting out the relevant legal and policy developments, with special attention to the UNGPs. It will also include a review of different stakeholders and their roles and interests, and examination of concepts of corporate responsibility and corporate accountability, and an analysis of the various approaches to business and human rights advanced by companies, governments, labor, civil society, and through multi-stakeholder initiatives. The second half of the semester will then focus on how these concepts are being applied in particular sectors to address specific business and human rights challenges.

Throughout the course, students will be asked to examine the various approaches and differing roles of key stakeholders, including by playing the roles of those addressing the key issues from the perspectives of corporations, civil society and unions, and governments. The class will be divided into three groups for purposes of this “role playing” -- with each asked to adopt all three perspectives during the course of the semester, both in students’ individual analyses of assigned readings and in group sessions during certain classes.

Learning Objectives:

Introduction to business and human rights landscape, including legal and policy developments, particularly the UN Guiding Principles on Business and Human Rights. The course reviews different stakeholders and roles, examines concepts of corporate responsibility and accountability, and analyzes various approaches to business and human rights advanced by stakeholders. The course will also familiarize students with sector specific business and human rights challenges.

Recommended: There are no formal course requirements, but some basic familiarity with international trade and human rights law is assumed.

Mutually Excluded Courses: Students may not receive credit for both this seminar and the practicum course Business and Human Rights (formerly Human Rights and Multinational Business).

Note: Students may not withdraw from this class after the add/drop period ends without the permission of the professor.

LAW 1621 v00 Human Rights Seminar: The Role of Human Rights Defenders

J.D. Seminar (cross-listed) | 2-3 credit hours

Human rights defenders play a critical role in the protection and promotion of internationally recognized human rights and fundamental freedoms. Their work is essential to achieve the core objectives of the United Nations and its Member States at national, regional, and international levels. This seminar will explore the evolving international legal framework for the protection of human rights defenders. We will consider the realities that prompted the international community to establish norms, create mechanisms and processes, and formulate policies to ensure that human rights defenders can safely engage in their vital work under different political, economic, and social conditions. The seminar will also examine how the norms governing human rights defenders enrich the human rights protection framework as a whole—improving the chances of its implementation at the national level. This seminar will also consider the role and responsibility of key human rights agencies within the international system, such as the United Nations High Commissioner for Human Rights, and how the scope of their mandates accommodates development of the human rights defenders framework.

Note: This course requires a paper. J.D. students must register for the 3-credit section of the course if they wish to write a paper fulfilling the J.D. Upperclass Legal Writing Requirement. The paper requirements of the 2-credit section will not fulfill the J.D. Upperclass Legal Writing Requirement.

LAW 1286 v00 Human Trafficking and Modern Slavery in the 21st Century: Legal Perspectives

J.D. Seminar (cross-listed) | 2 credit hours

Slavery has been a phenomenon that has existed since before written history, yet it is only in the last 200 years that efforts to abolish it have gained traction. Today, increasing mobility, global supply chains, and continued social discrimination have created the environment for ongoing human exploitation, even though the formal practice of chattel slavery, or the legal ownership of one human being by another, is illegal virtually everywhere. Indeed, some estimate that there are more slaves today than at any other time in human history. Most recently, efforts to eliminate severe forms of human exploitation are being made under the banner of ending human trafficking (formally trafficking in persons).

This course will provide students an overview of the multiple legal perspectives on combatting human trafficking and modern day slavery. This will include the definitional tensions between different perspectives, alternative approaches to addressing severe human exploitation, and an overview of the current U.S. legal framework for eradicating human trafficking and modern slavery. Attention will be paid to commonly recognized principles in human rights, criminal and labor law, but also in such areas as international business, international adoption and international humanitarian law. The class will use a range of materials, including international treaties, decisions of international tribunals, congressional testimony, and legislative history (including floor statements, committee reports, and multiple versions of legislation, among others). At the conclusion of the class, students should be able to recognize the pervasive nature of modern day human exploitation and be able to identify risks of human trafficking in most areas of practice they may choose in the future.

Recommended: A prior course in public international law or international human rights.

Mutually Excluded Courses: Students may not receive credit for both this seminar and Human Trafficking in International and Transnational Law.

LAW 3041 v00 Human Trafficking in International and Transnational Law

LL.M Seminar (cross-listed) | 1 credit hour

Human Trafficking is a transnational crime and an international human rights violation. Different forms of human trafficking and the definition contained in article 3 of the Protocol to Prevent, Suppress and Punish Trafficking in Persons will be discussed. The course will focus on the international and transnational legal framework. It provides an analysis of Human Trafficking in International Human Rights Law (e.g. the 1949 Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others and the 1989 Convention on the Rights of the Child), Transnational Criminal Law (e.g. the Organized Crime Convention and the Trafficking Protocol) and International Criminal Law (e.g. trafficking in persons as a crime against humanity in the Rome Statute of the ICC). In particular, the course covers state responsibility for Human Trafficking and obligations to remedy.

Mutually Excluded Courses: Mutually Excluded Courses: Students may not receive credit for both this course and International Trafficking in Persons or the J.D. seminar, Human Trafficking and Modern Slavery in the 21st Century: Legal Perspectives.

LAW 3014 v00 ICSID Arbitration: Jurisdiction and Procedural Aspects

LL.M Course (cross-listed) | 2 credit hours

This course will provide students with a practical understanding of an International Centre for Settlement of Investment Disputes, ICSID, arbitration proceeding from the moment of the submission of a request for arbitration through the issuance of the award and post-award remedies. ICSID is one of the five organizations of the World Bank Group and the arbitral institution most commonly used for the resolution of international investment disputes. ICSID case law has played a major role in the development of modern international investment law.

After a short introduction on the creation of ICSID and its development, students will receive a basic overview of the modern investment treaty regime. The course will then focus primarily on the jurisdictional thresholds that are at the heart of an ICSID arbitration, including the existence of a dispute arising out of an “investment”, nationality requirements, and consent to arbitration under the ICSID Convention. Special procedures, including summary dismissal of the claim under ICSID Arbitration Rule 41(5), provisional measures, intervention of non-disputing parties, such as NGO’s or multilateral organizations in the proceedings, transparency requirements and post-award remedies will also be addressed.

The course may include guest lectures.

Prerequisite: Prior or concurrent enrollment in International Law I.

Recommended: Prior or concurrent enrollment in International Investment Law, Investor-State Dispute Resolution Seminar, Advanced Topics in International Investment Arbitration, Investment Treaty Arbitration, Public International Law and Landmark Judgments of the ICJ, Investor-State Dispute Settlement, Introduction to International Commercial Arbitration, or International Arbitration.

LAW 037 v00 Immigration Law and Policy

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

This course will examine the U.S. immigration system through legal and policy perspectives. We will explore the source, scope and constitutional limits of congressional power to regulate immigration; the executive branch implementation of immigration legislation, particularly procedures for entry and removal, and the extent of, as well as constitutional constraints on, Presidential power; and the administrative and judicial review of executive branch action. Close attention will be paid to how membership laws and policies are established and implemented: What laws and policies govern U.S. citizenship? Who is eligible to become a legal immigrant? How are annual admissions numbers set? How and why are family and employment priorities created? How does the U.S. protect refugees? With respect to the arrival of unaccompanied children from abroad, we will consider the laws and policies that govern how the U.S. government treats them. Unauthorized migration will also be examined to understand why some migrants do not use the legal route into the U.S. and what laws and policies the U.S. has in place to deter such unlawful movements at the border and presence in the interior. We will analyze the impact of the major 1996 immigration control legislation and its implementation, with particular attention to detention and removal. We will closely examine the role of the Justice Department’s Immigration Courts, with special attention to access to justice issues. We will explore the extraordinary need for, and challenges of, immigration law reform, as well as the particular situation of the Dreamers, children without lawful immigration status brought to and raised in the United States by their parents. Finally, we will examine issues of federalism with respect to states’ attempts to address unauthorized immigration and consider immigration law in the national security context. This is an exam course.

LAW 037 v02 Immigration Law and Policy

LL.M Course (cross-listed) | 2 credit hours

This class will cover the constitutional and political framework for the U.S. Immigration System, enforcement and adjudication agencies, immigrants, nonimmigrants, removals and deportations, detention and bond, immigration hearings, judicial review, grounds for removal and inadmissibility, “crimmigration,” immigration reform, “Chevron” deference, refugee and asylum status and other international protections. It will also include reading and analyzing major immigration cases like INS v. Cardoza-Fonseca, 480 U.S. 421 (1987) (well-founded fear) and Matter of Kasinga, 21 I&N Dec. 357 (BIA 1996) (female genital mutilation).

Mutually Excluded Courses: Students may not receive credit for both this course and National Security Law Through an Immigration Framework.

Note: This class will meet on the following Summer 2018 dates: 5/29, 5/31, 6/5, 6/7, 6/12, 6/14, 6/19, 6/21, 6/26. Withdrawals are permitted up until the last class for this specific course.

LAW 939 v00 Immunity Under International Law

LL.M Seminar (cross-listed) | 1 credit hour

The attempted extradition of Gen. Pinochet from the U.K. to Spain to account for torture and disappearances in Chile, a tragic car accident in Washington, D.C. in which a sixteen year old is killed by a Georgian diplomat, the alleged expropriation of your corporate client’s investment interests by a foreign government, a civil lawsuit against President Mugabe of Zimbabwe during a visit to the U.S., a criminal case in Chicago against a foreign consular officer for aiding and abetting a fugitive -- such cases bring into sharp relief the operation of international immunities. This mini-course aims to introduce students to the range of jurisdictional immunities recognized by international law and how they are implemented in domestic law. We will cover diplomatic and consular immunity, sovereign (or state) immunity, the immunities accorded to heads of state and government, and the special status of international organizations and their staff and member representatives, including the United Nations, its specialized agencies and individuals on special missions. Increasingly, practicing lawyers (especially those who represent governments and international organizations or who practice in places where embassies, consulates, missions and international institutions are located) need to be familiar with the reach of these rules and doctrines, and the exceptions thereto. Our focus will be on the practical application of the various international conventions, domestic statutes, and judicially crafted rules which define the law of international immunities.

Prerequisite: No prerequisites, but some familiarity with basic international law and the process of civil litigation would be desirable.

Note: Withdrawals are permitted up until the last class for this specific course.

LAW 2044 v00 Implementation of Financial Market Reform Legislation

LL.M Course (cross-listed) | 2 credit hours

The course will cover the major titles of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010, the implementation of over 300 required rulemakings across the federal financial market spectrum that are intended to increase transparency in US financial markets, reduce systemic risks, increase the safety and soundness of the US financial system, and provide new protections for consumers and market participants. The course will cover the sweeping new changes to regulation of over-the-counter derivatives markets, changes to federal banking laws (including systemic risk regulations, new capital and margin requirements, resolution authorities and the Volcker Rule), on-exchange securities and derivatives market reform, corporate control reform provisions, and new consumer protection rules. We will analyze financial market reform efforts and the role and ramifications of federal agency implementing regulations. We will review the major proposed and final regulations, and discuss effects to the US economy.

Learning objectives:

By the end of this course, I hope you will have a comprehensive overview of the implementation of the Dodd-Frank Act. You will gain a sense of the genesis and policy developments underpinning the Dodd-Frank legislation, an overview of fundamental aspects of financial reform in Dodd-Frank, its basic requirements, its overarching goals, and its upsides and downsides. You will not learn every detail of financial services regulation or every part of Dodd-Frank, but you should grasp the nature and structure of the central tenants of federal oversight of the financial services industry and its market participants.

Another aim of the course is skills-oriented. By participating in class discussions and preparing and presenting the Comment Letter Group Project, I hope you will hone your skills in speaking fluently and comfortably about legal issues. The Comment Letter Group Project is designed to give you real-world experience/exposure to what regulatory lawyers actually do in private and government practice in the financial services space. I want students to be able to identify an issue, think critically about how to solve it, employ legal reasoning to defend their approach, and practice legal writing. My specific expectations for the comment letter project are set out in the “Comment Letter Group Project” section of syllabus.

LAW 1032 v00 In-House Counsel: Law and Practice

J.D. Seminar (cross-listed) | 2 credit hours

This course will focus on aspects of the practice of law particular to lawyers serving as in-house counsel in businesses or non-profit organizations, including substantive legal issues and practical considerations relevant to lawyers for whom their employer is their only client. In-house counsel perform tasks that are often different from those performed by outside counsel and have certain advantages over outside counsel as well as well as different professional responsibility concerns. The seminar will be taught by Russell Stevenson, Jr., who has taught law, been in private practice, and served for twelve years in-house counsel for both public and private business corporations. There will be several guest presentations by general counsel and leading practitioners. The grade for the course will be based on class participation and a research paper. This course is limited to 22 students.

Prerequisite: Corporations and Securities Regulation.

Recommended: Prior or concurrent enrollment in Professional Responsibility.

Mutually Excluded Courses: Students may not receive credit for this course and Corporate Legal Department Practicum.

LAW 854 v00 Income Tax Accounting

LL.M Course | 2 credit hours

Covers accounting methods and accounting periods. The course examines a broad range of subjects concerning the timing of income and deductions under Subchapter E of the Internal Revenue Code. Topics include requests to change methods, inventories (including costing, valuation, and the requirements for maintaining inventories), principles of income recognition, prepaid income, cash equivalency and constructive receipt, special methods involving long-term contracts, depreciation, estimated expenses, prepaid expenses, and expensing versus capitalizing costs. These topics are analyzed from both a technical viewpoint and a tax policy perspective.

Prerequisite: Federal Income Taxation (formerly Taxation I), but a knowledge of financial accounting is not necessary for this course.

Note: This class, Income Tax Accounting, is required for U.S. trained students pursuing the Taxation LL.M., Executive Taxation LL.M., and M.S.L Taxation degrees. This class is not required for students trained outside the U.S. Please note that J.D. students MAY NOT register for the section of this course with Professor Smiley.

LAW 854 v01 Income Tax Accounting (Online)

LL.M Course | 2 credit hours

Covers accounting methods and accounting periods. The course examines a broad range of subjects concerning the timing of income and deductions under Subchapter E of the Internal Revenue Code. Topics include requests to change methods, inventories (including costing, valuation, and the requirements for maintaining inventories), principles of income recognition, prepaid income, cash equivalency and constructive receipt, special methods involving long-term contracts, depreciation, estimated expenses, prepaid expenses, and expensing versus capitalizing costs. These topics are analyzed from both a technical viewpoint and a tax policy perspective.

Prerequisite: Federal Income Taxation (formerly Taxation I), but a knowledge of financial accounting is not necessary for this course.

Note: This class, Income Tax Accounting, is required for U.S. trained students pursuing the Taxation LL.M., Executive Taxation LL.M., and M.S.L Taxation degrees. This class is not required for students trained outside the U.S.

DISTANCE STUDENTS REGISTER FOR CRN#: 35219. This is an online-only section for distance-learning students, and there are no live on-campus sessions. The class is asynchronous but requires weekly assignment submissions. Only students enrolled in the Executive LL.M. in Taxation, the Executive LL.M. in Securities & Financial Regulation, and the MSL programs may register for this course. All J.D. students and resident LL.M. students may not enroll in this course on a distance basis.

LAW 342 v02 Information Privacy Law

J.D. Course (cross-listed) | 2 credit hours

This course examines "information privacy," an individual's right to control his or her personal information held by others. The aim of the course is to understand how courts and the Congress seek to protect information privacy as new technologies and new institutional practices emerge. The course traces the origins of the right to information privacy in American law, through Constitutional law, tort law, and modern statutory law. Case studies of landmark privacy legislation illustrate how expectations of privacy are translated into legal frameworks. The course looks at recent controversies involving domestic surveillance, identification systems, social network sites, DNA databases, locational privacy, and drones. The course also considers the impact of the European data protection law, new business practices and investigative techniques, and the availability of cryptography and other Privacy Enhancing Technologies on the future of privacy law in the United States. Guest speakers include leading privacy officials from government and practitioners from the private sector. More information is available at the Privacy Law and Society website.

Note: Students may not withdraw from this class after the add/drop period ends without the permission of the professor.

LAW 342 v03 Information Privacy Law

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

This course provides an introduction to information privacy law both on the books and on the ground. Topics covered include the common law, constitutional, and statutory foundations of U.S. information privacy law; information privacy compliance, enforcement, and regulatory practice; international approaches to information privacy law; philosophical bases for privacy protection; and “privacy by design.”

Note: In addition to the final take-home exam, there will be a mid-term take-home exam. 

LAW 342 v04 Information Privacy Law

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

This course provides an introduction to information privacy law both on the books and on the ground. Topics covered include the common law, constitutional, and statutory foundations of U.S. information privacy law; information privacy compliance, enforcement, and regulatory practice; international approaches to information privacy law; philosophical bases for privacy protection; and “privacy by design.”

In addition to the final take-home exam, there might be a mid-term take-home exam.

LAW 1294 v00 Information Technology and Modern Litigation

J.D. Seminar (cross-listed) | 2 credit hours

This course builds upon the reality that what a lawyer must know about the influence information technology has had on litigation cuts across the traditional boundaries between law school courses and will deal universally with the impact information technology has had on the management and trial of criminal, civil and administrative cases.

The course will deal with all the topics usually encompassed in so-called e-discovery, such as the meet and confer responsibility, format of production, claw back of privileged information, Rule 502 of the Federal Rules of Evidence, and preservation and sanctions. There will be a particular emphasis on the science of technology assisted review and its relationship to the reasonableness search and the implicit certification a lawyer makes under Rule 26(g) the Federal Rules of Civil Procedure by producing electronically stored information in response to a demand for it.

Throughout the course there will be practical exercises such as mock meet and confer or drafting and responding to a letter demanding the preservation of electronically stored information. The course will attempt to equip students with the practical ability to handle a case involving electronically stored information from its conception to trial.

Finally, the course will deal with the often ignored implications of electronically stored information for criminal cases. The manner in which law enforcement gathers information will be examined with a heavy emphasis on the constitutional implications of the collection of large amounts of data by law enforcement.

Prerequisite: Civil Procedure (or Legal Process and Society).

Recommended: Prior or concurrent enrollment in Evidence.

Mutually Excluded Courses: Students may not receive credit for both this seminar and Introduction to Electronic Discovery and Evidence; or Technology in Legal Practice: A Practical Study of Electronic Discovery, Big Data, Cybersecurity and Beyond (formerly Electronic Discovery Seminar); or Electronic Discovery; or Topics in Electronic Discovery.

LAW 773 v00 Initial Public Offerings

LL.M Course (cross-listed) | 2 credit hours

The course will be a “soup to nuts” securities offering course, focusing on the legal aspects of conducting an IPO for a U.S. issuer on a Form S-1 and advising the issuer about its future responsibilities as a newly public company. Young lawyers entering a securities practice often find that their knowledge of securities-law principles does not always prepare them for day-to-day challenges of practice in this area. This course is designed to fill those gaps by providing students with an understanding of the securities offering process as well as the tools and skills needed to perform tasks required to work on securities offerings.

The major topics that will be covered include laws relating to securities offerings, listing on the New York Stock Exchange, underwriters and liabilities, underwriting agreements and the agreement among underwriters, financial statements, accounting issues, comfort letters, the securities act registration process (including the SEC comment and review process), law firm opinions and post-closing reporting obligations. The course will also provide an in-depth analysis of certain sections of the Form S-1, including the Management’s Discussion and Analysis of Financial Condition and Results of Operations section and the risk factors section.

Prerequisite: Corporations; Securities Regulation.

LAW 223 v02 Insurance Law: Litigation and Regulation

J.D. Course (cross-listed) | 2 credit hours

This course focuses on the law of insurance, the insurance of business, and the business of insurance. Questions concerning property and casualty insurance, including insurance for mass torts, product liability, directors’ and officers’ liability, and natural disasters are examined. The obligations of insurance companies to conduct their business according to state and, to some extent, federal regulation and the law of insurance bad faith are explored. Particular types of coverages that will be studied include homeowners insurance, comprehensive general liability (CGL) insurance, excess and umbrella insurance, D&O insurance, and property insurance (including business-interruption/lost-profits insurance). Students will develop sophisticated skills in analyzing the applicability of insurance to complex loss situations, the duties of insureds and insurance companies, and the ethical questions faced by lawyers sometimes caught in between.

Note: The course does not address life, disability, or health insurance, or ERISA.

Learning Objectives:

In this course, you will learn:

  1. Business context and objectives for insurance transactions.
  2. How to parse and interpret insurance-policy language.
  3. How property-casualty insurance responds to “real world” situations, involving losses to property including from natural disasters, mass tort claims, shareholder claims, and other situations.
  4. How courts and law makers create incentives for insurance companies to act in positive ways. This includes questions of insurance company “bad faith” or good faith, the obligation of an insurer to accept a reasonable settlement offer from a plaintiff, obligations of insurers to provide lawyers to defend the insured and the ethical limits on the role of the lawyer, including when the lawyer is selected by the insured rather than the insurance company.
  5. Through reviewing excerpts from briefs, students will gain a better appreciation of how to articulate insurance-law points and make appropriate argument.
  6. The reading material introduces the wide variety of relevant sources that may assist lawyers, such as cases, articles/treatises, attorneys-general opinions, bar-association ethics opinions, and actual insurance policies.

Prerequisite: Torts (or Government Processes), Civil Procedure (or Legal Process and Society), and Contracts (or Bargain, Exchange, and Liability).

Recommended: Corporations.

LAW 233 v01 Intellectual Property and Medicines

J.D. Seminar (cross-listed) | 3 credit hours

This course examines the special legal and policy issues arising from the use of intellectual property rights in the pharmaceutical and biotechnology fields. The course will cover: (1) U.S. case law impacting intellectual property, patents, trademarks and copyrights in the pharmaceutical and biotechnological arts; (2) the interplay of the regulatory approval process for therapeutic and diagnostic products with intellectual property rights; (3) the Hatch-Waxman Act and its impact on how patent rights for pharmaceuticals are procured and enforced ; and (4) major legislative developments affecting the use of intellectual property rights in the drug, biotechnology and medical device fields, such as the Biologics Price Competition and Innovation Act of 2009 and the America Invents Act of 2011. Other topics may be included depending on current judicial or legislative developments. A background in biologics or pharmaceuticals is not required, although completion of a basic patent law or a food and drug law course is recommended.

Students will have the option of taking this course for either two or three credits. The three credit option will require a paper that satisfies the upperclass legal writing requirement in compliance with Law Center regulations. The two credit option will require completion of several shorter legal writing samples on student-selected or assigned topics.

Strongly Recommended: Prior or concurrent enrollment in a basic patent law course or food and drug law course is highly recommended.

Note: This seminar requires a paper. J.D. students must register for the 3 credit section of the seminar if they wish to write a paper fulfilling the Upperclass Legal Writing Requirement. The paper requirements of the 2 credit section will not fulfill the J.D. Upperclass Legal Writing Requirement.

LAW 226 v00 Intellectual Property in World Trade

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

The knowledge, technological inventions, creative works and accumulated experience and expertise of the professional workforce increasingly drives the global economy. Unlike physical capital, this intellectual capital cannot readily be confined to the territorial setting of its origin. The development of cohesive norms to protect intellectual properties on a global basis has thus proven to be an enormous challenge. This course considers this effort by addressing the core international agreements governing intellectual property; norms and norm-making in the international intellectual property rights system; dispute settlement and the enforcement of rights; and tensions arising between intellectual property rights and distinct legal and cultural values.

Mutually Excluded Courses: Students may not receive credit for this course and International Intellectual Property and Development and the graduate course, International Protection of Intellectual Property Through the WTO.

LAW 905 v00 Intelligence Reform and the Modern Intelligence Community

LL.M Seminar (cross-listed) | 2 credit hours

This course is an introduction to intelligence law as discussed in the context of changes to the Intelligence Community. The course focuses on changes to the law made in response to reviews and reports conducted following the attacks of September 11, 2001, and how those changes have been implemented in policy and practice. Students will examine legislative efforts to enhance information sharing and intelligence collection, such as the creation of the Director of National Intelligence, the modernization of the Foreign Intelligence Surveillance Act, and more recent proposals to reform surveillance laws and policies in the context of global discussions of privacy and civil liberties. In addition, the course will address complexities faced by national security lawyers in protecting classified information, and providing legal advice on intelligence operations, including domestic intelligence activities.

Recommended: Prior or concurrent enrollment in International Law I.

LAW 2056 v00 Intensive Legal English Program

LL.M Course | credit hours

Intensive Legal English Program (no credits)


Instructors: Andrew Kerr, Julie Lake, Almas Khan


Intensive Legal English Program (non-credit) consists of a three-week intensive written and oral communication skills curriculum. The curriculum focuses on English language skills needed to succeed in the LL.M. program. Students will enhance their daily, academic and professional English skills, as well as their understanding of U.S. legal culture.


This program is limited to 20 students. The faculty has a wide range of practical and academic experience and will work closely with students in classroom instruction and individual conferences four days a week and planned excursions in the Washington, DC area one day a week. The small class size, high faculty-to-student ratio and pre- and post-program assessments will allow each student to receive individualized feedback and attention to work toward his or her professional and academic goals in the use of legal English. Upon successful completion of the program, students will receive a Certificate in Professional Legal English.

Questions: Contact the Legal English Program Director, slep@law.georgetown.edu

Prerequisite: Prerequisite: Foundations of American Law

LAW 2085 v00 International Agreements

LL.M Course (cross-listed) | 2 credit hours

The course begins by examining what is an international agreement under international law and distinguishes such agreements from other arrangements between States or international organizations that constitute political rather than legal commitments. Since there is interplay between domestic and international law in the operation of international agreements, it is important to understand how both systems of law work. To provide a domestic law framework, the first half of the course focuses on the treaty law of the United States. It addresses such matters as applicable Constitutional provisions, factors bearing on the decision as to the form in which a particular international agreement will be concluded and the respective roles of the Executive, the Senate, the Congress, and the courts concerning the conclusion, termination, and interpretation of international agreements. Students from other countries are encouraged to explain how their domestic systems handle similar issues, thus permitting the addition of a comparative element to the domestic law discussion. The second half of the course is devoted primarily to the international law rules reflected in the 1969 Vienna Convention on the Law of Treaties to which more than one hundred countries are parties and which is in most respects regarded as representing customary international law. In addition to the Convention, the course materials for the second half include recent cases decided by the International Court of Justice or by treaty-based arbitral tribunals and examples of important developments concerning the law of international agreements that have taken place since the entry into force of the Vienna Convention in 1980.

LAW 2079 v00 International and Comparative Antitrust Law

LL.M Seminar (cross-listed) | 2 credit hours

More than a hundred countries have enacted competition laws and modeled their laws either on the U.S. or on the EU system. This course will focus on the U.S. and the EU antitrust regimes by comparing and contrasting their principles and procedures. Some new jurisdictions at the center of the international antitrust arena, such as China and Brazil, will also be discussed. This course will start with an overview of the institutional design and of the substantive standards applied by the FTC/DOJ in the U.S. and by the European Commission in the EU, and will then delve into various areas of antitrust law, with particular emphasis on cartels, horizontal and vertical restraints, abuse of dominance, and mergers. This course will also examine process and procedures in the U.S. and the EU, and consider practices that facilitate international cooperation in antitrust investigations.

Learning objectives:

Students attending this course (i) will receive an overview of the international dimension of the various areas of antitrust law (horizontal agreements; monopolization/abuse of dominance; mergers); (ii) will learn to compare and contrast antitrust principles and procedures of the two systems (EU and U.S.) that most have influenced antitrust laws and institutions around the world; (iii) will familiarize with new actors and current challenges of the international antitrust arena. As a result, students will learn how to navigate multi-jurisdictional antitrust matters.

Prerequisite: for J.D. students: Antitrust Law or Antitrust Economics and Law. Prerequisite for LL.M students: None, although it is recommended that LL.M students have some previous coursework or work experience in competition law in the U.S. or another jurisdiction.

LAW 230 v00 International and Comparative Law on Women's Human Rights

J.D. Course (cross-listed) | 2 credit hours

In many parts of the world, women are discriminated against, abused, treated as property, and even murdered because they are women. But today, there is a substantial body of international and regional human rights law that can be used to change the national laws that permit these practices or fail to protect women against them. In addition, many countries have begun to give women equal rights in many fields. Thus, there is now a body of human rights and comparative law that advocates can use to advance equal human rights for women.

This course provides students with an overview of that law. It introduces them to the many forms of discrimination and violence women still face and teaches them about the major human rights treaties that can help women achieve equality with men. These include the Convention on the Elimination of All Forms of Discrimination against Women; the International Covenant on Civil and Political Rights; and the regional human rights treaties from Africa, the Americas, and Europe. Students study the work of the human rights bodies that measure state compliance with these treaties, including their guidelines and case law on issues affecting women. The course also examines comparative law on human rights issues such as sex-based discrimination in employment, inheritance, and family law rights, domestic violence and female genital mutilation, polygamy and its impact on women and children, and women’s lack of reproductive rights.

National court decisions from countries in both common law and civil law jurisdictions show how courts are using international and regional human rights law to help resolve domestic law issues. As some issues pose difficult conflicts between women’s right to equality with opposing assertions of religious and cultural rights to discriminate, the course also examines how human rights bodies resolve those conflicts and asks how they should be resolved.

Note: For J.D. Students: Students Enrolled in the International Women’s Human Rights Clinic must take this course as a pre- or co-requisite, but it is also open to other J.D. students and to LL.M. students.

LAW 629 v00 International Antitrust Law

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

Over the past three decades, more than a hundred countries have introduced antitrust / competition legislation. Much of this legislation has been sourced in the established legislative systems of the USA and the EU. This course examines the extent to which developing countries have adapted these models to their particular development needs. From this, the course seeks to determine possibilities of convergence of competition principles between developed and developing countries; in particular as to whether an overlapping consensus extends beyond cartel activity. Students will be invited to examine these questions not only through the prism of the USA and the EU but also India, China, South Africa, Brazil or other developing countries of their choice.

Note: This course will not meet on Tuesday, January 19, 2016. The professor will schedule a makeup class at a later date.

LAW 882 v00 International Arbitration

LL.M Course (cross-listed) | 2 credit hours

Examines United States, foreign, and international law and practice relating to international commercial and investment arbitration, including the U.S. Federal Arbitration Act, the New York Convention on the Recognition and Enforcement of Arbitral Awards, the ICSID Convention, the UNCITRAL Arbitration Rules, and the arbitration rules of major arbitral institutions such as the ICC, the AAA and the LCIA. The course focuses on the procedural law applicable to and the practical aspects of arbitration. It will cover such topics as enforcing arbitration clauses, conducting arbitration proceedings, judicial oversight of arbitration, choice of law, enforcing and setting aside awards, and particular issues arising in arbitrations against sovereigns.

Recommended: International Law I: Introduction to International Law (or the equivalent International Law I); International Business Transactions.

Mutually Excluded Courses: Students may not receive credit for both this course and International Commercial Arbitration, Introduction to International Commercial Arbitration, International Arbitration, or the J.D. seminar, International Commercial Arbitration Seminar (CTLS course)

LAW 882 v08 International Arbitration

LL.M Course (cross-listed) | 2 credit hours

Examines United States, foreign, and international law and practice relating to international commercial arbitration, including the U.S. Federal Arbitration Act, the New York Convention on the Recognition and Enforcement of Arbitral Awards, the UNCITRAL Arbitration Rules, and the arbitration rules of major arbitral institutions such as the ICC, JAMS, the ICDR, CIETAC, LCIA, HKIAC, and SIAC. The course focuses on the procedural law applicable to and the practical aspects of arbitration. It will cover such topics as enforcing arbitration clauses, conducting arbitration proceedings, judicial oversight of arbitration, choice of law, enforcing and setting aside awards as well as drafting dispute resolution clauses.

Recommended: International Law I: Introduction to International Law (or the equivalent International Law I); International Business Transactions.

Mutually Excluded Courses: Students may not receive credit for both this course and Introduction to Commercial Arbitration or the J.D. seminar, International Commercial Arbitration Seminar (CTLS course).

LAW 3021 v00 International Arbitration and the New York Convention

LL.M Seminar (cross-listed) | 1 credit hour

The New York Convention of 1958 on the Recognition and Enforcement of Foreign Arbitral Awards is generally considered as the most important legal cornerstone for international business arbitration. It is also acclaimed to be the most successful international convention in international private law. The New York Convention provides for the international enforcement of arbitration agreements and arbitral awards. There are now 156 Contracting States and more than 1,800 court decisions interpreting and applying the Convention. The course will analyze and compare the most important ones of those decisions. It will offer a unique insight in treaty design, statutory enactments, varying court approaches, and the practice of international arbitration. The course materials will be made available at www.newyorkconvention.org.

Recommended: Any course in international arbitration.

Note: WEEK ONE COURSE. This seminar will meet for one week only on the following days: Monday, January 8, 2018 through Friday, January 12, 2018, 9:00 a.m. - 11:35 a.m.

This course is mandatory pass/fail and will not count toward the 7 credit pass/fail limit for J.D. students.

Attendance at all class sessions is mandatory and all enrolled students must attend the first class in order to remain enrolled. Students on the wait list must attend the first class in order to be admitted off the wait list. Enrolled students will have until the beginning of the second class session to request a drop by contacting the Office of the Registrar. Once the second class session begins, students may only seek a withdrawal by contacting their academic advisor in the Office of Graduate Programs. Withdrawals are permitted up until the last class for this specific course.

LAW 3036 v00 International Arbitration Colloquium

LL.M Seminar | 1-3 credit hours

This is a year-long class restricted to students in the International Arbitration Scholars program. The course counts as one credit in the Fall, and three credits in the Spring (students will be enrolled for both semesters and will receive one grade for the class at the end of the Spring semester. Withdrawals are permitted up to the last day of class of the Fall semester, but withdrawal from the colloquium will also result in withdrawal from the Scholars program.) During the Fall semester, Scholars and faculty will meet for informal meetings to get to know each other and to be introduced to the arbitration community in Washington. Scholars will also meet individually during the Fall semester with Professor Whitesell and/or their faculty advisor to propose their research idea, present an outline and get feedback on the outline.

During the Spring semester, the Colloquium will meet on a weekly basis as a class. Spring classes will be a combination of student presentations, and specific topics presented by invited experts. Over the course of the Spring semester, class members will present their research to the group, with each class member presenting twice during the semester (once during the beginning of the semester to present their projects in the early stages, and once during the later part of the semester to present their near-final papers). The Scholars will also meet during the Spring on an individual basis with their advisors as they work to finalize their paper into publishable quality.

Note: Enrollment is limited to International Arbitration Scholars

LAW 3035 v00 International Arbitration from the Arbitrator’s Point of View

LL.M Seminar (cross-listed) | 1 credit hour

The course deals with “International Arbitration from the Arbitrator’s Point of View”. It describes the arbitrator’s role at each stage of the proceeding, the various relationships that exist and the legal, procedural, practical and even psychological issues that may arise.

The course starts from the proposal and selection of the arbitrator and ends with the notification of the award. Topic covered include: who may be an arbitrator; the first contact and the conflict check; the launching of the proceedings; relations with counsel and the parties’ representatives; the relationship among arbitrators; relations with experts; the conduct of the proceedings and, in particular, the hearings; deliberations and the decision; drafting of the award; the relationship with the institution; and the relation with the media.

The course will include both interactive lectures and some practical exercises.

Recommended: Prior or concurrent enrollment in an arbitration course.

Note: A student will be permitted to drop a course that meets for the first time after the add/drop period, without a transcript notation, if a student submits a written request to the Office of the Registrar prior to the start of the second class meeting. Withdrawals are permitted up until the last class for this specific course.

Note: This course is mandatory pass/fail and will not count toward the 7 credit pass/fail limit for J.D. students

LAW 3019 v00 International Arbitration in Asia

LL.M Course (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

Note: A student will be permitted to drop a course that meets for the first time after the add/drop period, without a transcript notation, if a student submits a written request to the Office of the Registrar prior to the start of the second class meeting. Withdrawals are permitted up until the last class for this specific course.

LAW 802 v01 International Assistance for Global Health

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

The overall objective of this course is to explore the present and potential role of international human rights law – and the right to health in particular – in international assistance for global health.

During the first class, we will discuss the recent history and present practice of international assistance for global health. We will discuss tensions between the objectives of development and relief, and between the objectives of promoting ‘health security’ and equity in global health. During the second class, we will explore the concept of equity in global health: how it is central to several definitions of global health, what the practice of international assistance for global health should look like, if the predominant objective of that assistance were equity. During the third class, we will examine the meaning of the right to health, the freedoms and entitlements it generates and the corresponding national and international responsibilities. During the fourth class, we will discuss if and how the right to health can be used to modify/improve the practice of international assistance for global health, taking into account that such assistance serves other objectives as well.

Strongly Recommended: Completion of coursework in the area of international human rights law.

Note: A student will be permitted to drop a course that meets for the first time after the add/drop period, without a transcript notation, if a student submits a written request to the Office of the Registrar prior to the start of the second class meeting. Withdrawals are permitted up until the last class for this specific course. The take-home exam in this course may be administered mid-semester and the specific exam date will be provided by the professor after the add/drop period.

LAW 914 v00 International Banking in the United States

LL.M Seminar (cross-listed) | 1 credit hour

Foreign banks have established a major presence in the United States during the last four decades and have acquired substantial market share during that period. In response, the regulation of foreign banks has likewise experienced significant change and growth. This is reflected in law firm practice as advising foreign banks is now a significant component of the financial institutions practice of major U.S. law firms.

This course will analyze the conceptual framework and the laws and regulations governing the U.S. operations of foreign banks, including how foreign banks may enter, operate and expand in the United States. This will include an analysis of the Dodd-Frank Act's prudential standards for systemic foreign banks in the United States as well as of the International Banking Act and the Bank Holding Company Act. In addition, the course will examine the supervision and enforcement scheme that the U.S. government applies to foreign banks and assess the evolving standards that apply to them, including capital standards under the Basel Capital Accord. Finally, this course will review emerging conflict of law issues that arise in the international banking context and the increasing extraterritorial reach of U.S. laws.

For students to understand the basic conceptual and legal framework that applies to foreign banks in the United States. This understanding allows a student to then select and analyze a topic of interest for purposes of the class paper. 

Recommended: J.D. students may take this course after they have completed their first year.

Note: Withdrawals are permitted up until the last class for this specific course.

LAW 955 v00 International Bankruptcy

LL.M Course | 2 credit hours

This course deals with the issues presented when a business with assets or debts in more than one country is seeking to restructure its financial obligations. The course will cover new Chapter 15 of the United States Bankruptcy Code and will also examine business bankruptcy developments in other countries.

Recommended: For JD students: Prior or concurrent enrollment in a bankruptcy course

Note: This course is co-taught by Professor Neureiter from Georgetown Law and Professor Lapowsky from Penn Law.  For each class session, the Georgetown students and Professor Neureiter will be in a classroom on the Georgetown Law campus. Students at Georgetown will be able to see and hear the lecturer and direct questions to him. There will be class at St. John's during Georgetown Spring Break (March 13, 2018); however, Georgetown students are not expected to attend that day because of Georgetown Spring Break. That class session will be taped and Georgetown students will review the tape individually, or may review it together at a mutually agreed date and time. Please contact Tiffany Joly, Executive Director of LL.M. Academic Services, if you have any questions about the course format or content (tmj40@law.georgetown.edu ).

Note for LL.M. and J.D. students: Students must attend all classes at Georgetown Law.

This course is mandatory pass/fail. Note for JD students only: This course is mandatory pass/fail and will not count toward the 7 credit pass/fail limit.

LAW 863 v00 International Business Litigation and Federal Practice

LL.M Course | 2 credit hours

The course explores issues common to litigation in U.S. courts arising from cross-border business transactions, including venue, jurisdiction, service of process, choice of law questions, discovery, evidence from abroad, privilege and ethical considerations, and the recognition and enforcement of foreign judgments in U.S. courts. The course covers the resolution of disputes in litigation, as well as in arbitral proceedings, and through regulatory and other internal investigations, and explores issues such as the Foreign Corrupt Practices Act.

Mutually Excluded Courses: Students may not receive credit for both this course and International Civil Litigation (LAWG/J 734); the J.D. course, International Civil Litigation (LAWG/J 013); and Cross Border International Litigation and Conflicts of Law (formerly International Conflict of Laws) (LAWG/J 735).

LAW 876 v04 International Business Transactions

LL.M Course (cross-listed) | 3 credit hours

An introductory survey course examining transactional and litigation issues faced by international businesses. The goal of this course is to familiarize students with the broad scope of issues affecting international business prior to the students choosing other courses for further specialization and to introduce students to analytical tools used by lawyers who advise on matters related to international business. Topics will include the international sale of goods (including letters of credit), international contract issues, cross-border financings (including letters of credit and bank financings),and international investments. Litigation topics will be related to the transactional issues covered and will include a special emphasis on contract rights and remedies, choice of law, choice of forum, and international arbitration.

Recommended: International Law I: Introduction to International Law; a course in Finance or Securities Regulation.

Mutually Excluded Courses: Students may not receive credit for both this course and International Business Transactions and International Dispute Resolution or the J.D. courses, International Business Transactions or International Economic Law.

LAW 876 v07 International Business Transactions

LL.M Seminar (cross-listed) | 2 credit hours

An introductory survey course examining transactional and litigation issues faced by international businesses. The goal of this course is to familiarize students with the broad scope of issues affecting international business prior to the students choosing other courses for further specialization and to introduce students to analytical tools used by lawyers who advise on matters related to international business. Topics will include the international sale of goods (including letters of credit), international contract issues, cross-border financings (including letters of credit and bank financings), and international investments. Litigation topics will be related to the transactional issues covered and will include a special emphasis on contract rights and remedies, choice of law, choice of forum, and international arbitration.

Recommended: International Law I: Introduction to International Law (or the equivalent International Law I).

Mutually Excluded Courses: Students may not receive credit for both this course and International Business Transactions and Dispute Resolution or the J.D. courses, International Business Transactions or International Economic Law..

LAW 876 v10 International Business Transactions

LL.M Course | 3 credit hours

An introductory survey course examining transactional and litigation issues faced by international businesses. The goal of this course is to familiarize students with the broad scope of issues affecting international business prior to the students choosing other courses for further specialization and to introduce students to analytical tools used by lawyers who advise on matters related to international business. Topics will include the international sale of goods (including letters of credit), international contract issues, cross-border financings (including letters of credit and bank financings),and international investments. Litigation topics will be related to the transactional issues covered and will include a special emphasis on contract rights and remedies, choice of law, choice of forum, and international arbitration.

Recommended: International Law I: Introduction to International Law (or the equivalent International Law I).

Mutually Excluded Courses: Students may not receive credit for both this course and International Business Transactions and Dispute Resolution or the J.D. courses, International Business Transactions or International Economic Law.

LAW 876 v11 International Business Transactions

J.D. Course (cross-listed) | 4 credit hours

This four-credit survey course studies the major legal issues arising in international business, trade and investment activity, taught from a practical, problem-oriented approach. The focus of the course is on the law and practice that is different when business, trade or investment takes place across an international boundary. The principle areas of coverage are: 1) the movement of goods, including the Convention on Contracts for the International Sale of Goods (CISG), contracts for transportation, and financing, including the law of letters of credit, 2) problems of international investment and the transfer of intellectual property, including the international law governing patents, trademarks, copyrights and trade secrets, 3) national and international rules for dealing with imports and exports, including export controls and sanctions and trade remedies (antidumping, countervailing duty and safeguards), 4) public international law disciplines that arise in connection with anti-corruption efforts and norms of corporate social responsibility, and 5) international dispute resolution, including investment arbitration, trade disputes at the WTO, and private international commercial litigation issues, including choice of law and forum issues.

Mutually Excluded Courses: Students may not receive credit for this course and International Business Transactions and Trade Law or International Economic Law or the LL.M. course, International Business Transactions.

LAW 224 v01 International Business Transactions and Trade Law

J.D. Course | 4 credit hours

This four-credit survey course studies the major legal issues in international business, trade, and investment activity in both the private and public sectors. The principal areas of coverage are: (1) the movement of goods, including private techniques of contract and financing; (2) import tariffs and customs issues as well as controls over exports; (3) national and international rules for dealing with injury from increasing imports; (4) international and regional arrangements, including the World Trade Organization, European Union, and the North American Free Trade Agreement; (5) problems of international investment and the transfer and protection of intellectual property; (6) emergency powers and economic sanctions, including financial sanctions; (7) the IMF, currency exchange rates, and private currency exchange arrangements; and (8) formal dispute resolution in trade and investment, including international arbitration and the dispute settlement mechanism of the World Trade Organization.

Prerequisite: Strongly recommended: International Law I: Introduction to International Law or a basic course in introductory international law.

Mutually Excluded Courses: Students may not receive credit for both this course and International Trade with Professors Hillman and Horlick or International Business Transactions with Professor Hillman or International Economic Law.

LAW 882 v03 International Commercial Arbitration

J.D. Seminar (cross-listed) | 2 credit hours

This course presents an introduction to international commercial arbitration and briefly addresses investor-state arbitration. It examines the nature of arbitration, the procedures used in international arbitration (both institutional and ad hoc) and the enforcement of and setting aside of arbitral awards. The course will also cover drafting arbitration agreements, the law applicable to arbitrations (including the New York Convention, the ICSID Convention and various institutional rules), challenges to arbitration, multi-party arbitrations, jurisdiction, preliminary or interim measures and selection of the arbitral tribunal. The course also provides an introduction to arbitration between investors and states. Grades will be based primarily upon short papers addressing current issues in international arbitration.

Mutually Excluded Courses: Students may not receive credit for both this course and the LL.M. seminars International Commercial Arbitration, Introduction to International Commercial Arbitration, or International Arbitration; or the CTLS seminar, International Commercial Arbitration Seminar.

LAW 882 v05 International Commercial Arbitration

LL.M Course | 2 credit hours

International commercial arbitration is often the preferred means by which sophisticated international businesses resolve their disputes. This course offers a study of arbitration as a dispute resolution process for international trade and business disputes. Students will learn about ad hoc and institutional arbitration, the authority of arbitral panels, enforcement of agreement to arbitrate, challenging arbitrators, procedure and choice of law in arbitral proceedings, and enforcement of international arbitral awards. The course focuses on commercial arbitration as an international practice and not on arbitration under any particular national system.

Recommended: International Law I: Introduction to International Law (or the equivalent International Law I); International Business Transactions.

Mutually Excluded Courses: Students may not receive credit for both this course and the J.D. seminar, INTERNATIONAL COMMERCIAL ARBITRATION SEMINAR (CTLS COURSE).

LAW 882 v06 International Commercial Arbitration

LL.M Course | 2 credit hours

In today's global economy, parties to cross-border commercial transactions increasingly choose to resolve their disputes through international arbitration. This course provides students with an understanding of the law and practice of international arbitration from the perspective of United States law. Among other things, the course will consider the alternatives to international arbitration; the international conventions and U.S. arbitration statute; the arbitration agreement; the role of courts and tribunals in determining issues of arbitrability; international arbitration rules; provisional measures; judicial enforcement of arbitration agreements and arbitration awards; and judicial setting aside of arbitration awards.

Mutually Excluded Courses: Students may not receive credit for both this course and the J.D. seminar, International Commercial Arbitration Seminar (CTLS course).

LAW 1043 v00 International Commercial Arbitration and the Courts

J.D. Course (cross-listed) | 1 credit hour

This intensive course takes a close look at international commercial arbitration in U.S. law, with special reference to the judicial/arbitral interface. At every major milestone in an arbitration, judicial recourse is a significant prospect -- from compelling arbitration or otherwise enforcing the agreement to arbitrate, to ensuring that a tribunal is properly composed and the arbitration takes off properly, to provisional relief over the course of the arbitration, to confirmation or vacatur of an international award made in the U.S., to recognition and enforcement of international awards made abroad (typically under the all-important New York and Panama Conventions).


The reading will consist (in addition to the basic federal statutory framework, the New York Convention, and selected US case law) of the most salient portions of the American Law Institute's current "Restatement (Third) of the U.S. Law of International Commercial Arbitration" of which the instructor is Chief Reporter"

Recommended: Civil Procedure.

Note: WEEK ONE COURSE. This seminar will meet for one week only, on the following days: Monday, January 9, 2017, through Thursday, January 12, 2017, 9:00 a.m. - 12:20 p.m. The course will have a take-home exam that must be completed during the week of Friday, January 20th through Friday, January 27th, 2017. This course is mandatory pass/fail and will not count toward the 7 credit pass/fail limit for J.D. students.

Note: Attendance at all class sessions is mandatory and all enrolled students must attend the first class in order to remain enrolled. Students on the wait list must attend the first class in order to be admitted off the wait list. Enrolled students will have until the beginning of the second class session to request a drop by contacting the Office of the Registrar. Once the second class session begins, students may only seek a withdrawal by contacting an academic advisor in the Office of JD Academic Services. Withdrawals are permitted up until the last class for this specific course.

LAW 2053 v00 International Commercial Arbitration in Cross-Cultural Context

LL.M Seminar | 1 credit hour

This class looks at international commercial arbitration in cross-cultural context and considers the various ways in which arbitral procedure borrows from the common and civil law traditions. Students will study various practices that are typical in arbitration and that can give rise to particular difficulties when the parties, counsel and/or arbitrators come from different legal traditions.

Among other things, students will engage in hands-on exercises involving interviewing, cross-examination, drafting of witness statements and the like. The goal is to provide students with a deeper understanding of how international commercial arbitration differs from other types of national and international dispute resolution and to provide students with the tools needed to excel in this growing area of law and practice.

After taking this course, students will have an increased ability to:
• appreciate the special nature of international arbitration as compared to other national and international dispute resolution processes;
• draft and revise international arbitration agreements;
• select an appropriate arbitrator in international matters;
• challenge arbitrators in international disputes;
• conduct cross-examination in international arbitral settings; and
• draft and review document requests in international arbitration. 

Note: WEEK ONE COURSE. This seminar will meet for one week only on the following days: Monday, January 7, 2019 through Friday, January 11, 2019, 1:30 p.m. - 4:05 p.m.

This course is mandatory pass/fail and will not count toward the 7 credit pass/fail limit for J.D. students.

Attendance at all class sessions is mandatory and all enrolled students must attend the first class in order to remain enrolled. Students on the wait list must attend the first class in order to be admitted off the wait list. Enrolled students will have until the beginning of the second class session to request a drop by contacting the Office of the Registrar. Once the second class session begins, students may only seek a withdrawal by contacting their academic advisor in the Office of Graduate Programs. Withdrawals are permitted up until the last class for this specific course.

LAW 3033 v00 International Commercial Arbitration with a Foreign Sovereign

LL.M Seminar (cross-listed) | 2 credit hours

Resolution of disputes between private sector companies and sovereigns arising under international contracts and projects typically are resolved by international commercial arbitration. This presents unique challenges, issues, and opportunities.

This class will address the relationship between international arbitration and court litigation; proper negotiation and issues arising under arbitration clauses and agreements; the negotiation; mediation; and ultimately final and binding arbitration of performance issues; how to conduct an arbitration; enforcement of the Award (show me the money); and a two-class practical moot, with all of the above focused on the dynamics of dealing with sovereign governments.

Recommended: Prior enrollment in a basic course in international arbitration

LAW 1036 v00 International Contracts and Sales Law

J.D. Course (cross-listed) | 2 credit hours

The course analyzes private law norms regulating international contracts. It focuses on international conventions and uniform rules of law, such as the United Nations Convention on Contracts for the International Sales of Goods (CISG), the UNIDROIT Principles of International Commercial Contracts, the Principles of European Contract Law, INCOTERMS, and others. The course includes some aspects of conflicts of law rules, as well as an analysis of the main international instruments governing international commercial arbitration.

Prerequisite: Contracts (or the equivalent Bargain, Exchange, and Liability).

Mutually Excluded Courses: Students may not receive credit for both this course and the LL.M. course, International Business Transactions and Dispute Resolution.

LAW 416 v02 International Courts and Tribunals: Theory and Practice

LL.M Seminar (cross-listed) | 2 credit hours

This course surveys existing international courts and tribunals. Over the semester, we will examine courts and tribunals with general jurisdiction (e.g., the International Court of Justice); courts and tribunals with specialized jurisdiction (e.g., the International Criminal Court, WTO, human rights tribunals, and investor-State tribunals); and claims tribunals and commissions (e.g., the Iran-United States Claims Tribunal and the United Nations Compensation Commission). The course seeks to provide a comparative understanding of the international adjudication system through readings and in-class exercises. General knowledge of public international law is required.

Prerequisite: Prior or concurrent enrollment in International Law I.

LAW 790 v00 International Criminal Law

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

In international criminal law, we begin by examining the basics: what criminal law is supposed to do and the fundamentals of international law and jurisdiction. We then study issues relating to transnational application of domestic penal codes, such as extradition and the extraterritorial application of U.S. criminal law and the U.S. Constitution. We may choose a transnational crime—such as money laundering or corruption—as a vehicle for examining the efficacy of transnational application of domestic standards. The focus of the course then shifts to truly international, rather than transnational, law. We examine the history of international tribunals intended to enforce international crimes (Nuremberg, the ICTY, and the ICTR), and delve into the structure and operation of the International Criminal Court. We focus on substantive international crimes such as genocide and crimes against humanity, and may also cover war crimes, crimes of sexual violence, and/or torture. The course closes with a consideration of alternatives to criminal prosecution, such as truth and reconciliation commissions.

Mutually Excluded Courses: Students may not receive credit for both this course and the J.D. first-year elective or the graduate course with the same title.

LAW 790 v01 International Criminal Law

LL.M Course (cross-listed) | 2 credit hours

Examines selected issues involving the application of criminal law to international activities and across national boundaries. The course covers both the procedural aspects of international cooperation in criminal matters (including extradition, prisoner transfer, mutual legal assistance, and recognition of foreign penal judgments) as well as the developing substantive international law (e.g., war crimes, crimes against humanity, terrorism, genocide, torture, and trafficking in drugs, people and firearms). Particular attention is paid to the question of jurisdiction over criminal activities at the international level, in the context of activities such as money laundering, organized crime, and computer crime, including the reach of Constitutional protections to investigations and law enforcement activities overseas. Addresses the structure, jurisdiction, and jurisprudence of the ad hoc criminal tribunals for the former Yugoslavia and Rwanda and the statute and rules of evidence and procedure of the International Criminal Court.

Recommended: Criminal Law, Conflict of Laws: Choice of Law (or the equivalent Conflict of Laws: Choice of Law (International Focus)); International Law I: Introduction to International Law.

Mutually Excluded Courses: Students may not receive credit for both this course and the J.D. course with the same title; or the J.D. seminar International Criminal Law Seminar: Tribunals and Crimes; or the J.D. course International Humanitarian Law; or the J.D. course International Criminal Courts.

LAW 790 v03 International Criminal Law

J.D. Course | 3 credit hours

International criminal law studies a grim but important subject: the prosecution of war crimes, crimes against humanity, genocide, and aggression. These are “core crimes” judged by tribunals like the International Criminal Court (ICC) and the tribunals for Rwanda, Sierra Leone, former Yugoslavia, and elsewhere. In addition, we will study both the international and domestic criminal law governing crimes such as terrorism, torture, and international money laundering. Along with the substantive law on these issues, we examine procedural law on topics such as extradition and immunity from prosecution. The course will begin with an overview of the basic sources of public international law (treaty, custom, general principles) and an examination of the remarkable rise of international criminal law—as well as the problems confronting international criminal justice today, including the political backlash against the ICC. Finally, we will spend some time on alternatives to criminal prosecution such as truth and reconciliation commissions. The aim of the course is to introduce students to the fundamentals of international law as well as basic principles of criminal law. The course combines law, policy, and history.

Mutually Excluded Courses: Students may not receive credit for both this course and the J.D. upperclass course or the graduate course with the same title; or the International Criminal Law Seminar: Tribunals and Crimes or International Humanitarian Law and International Criminal Courts.

Note: This course is a first-year elective. First-year day students select an elective offered in the spring.

LAW 790 v09 International Criminal Law

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

International criminal law studies a grim but important subject: the prosecution of war crimes, crimes against humanity, genocide, and aggression. These are “core crimes” tried by tribunals like the International Criminal Court (ICC) and the tribunals for Rwanda, Sierra Leone, former Yugoslavia, and elsewhere. In addition, we will study the extraterritorial application of domestic criminal law to address crimes of transnational character such as terrorism, torture, and international money laundering. Along with the substantive law on these issues, we examine procedural law on topics such as extradition and immunity from prosecution. The course will also examine the problems confronting international criminal justice today, including the political backlash against accountability. Finally, we will spend some time on alternatives to criminal prosecution such as truth and reconciliation commissions. The aim of the course is to introduce students to basic doctrines of international criminal law, as well as doctrines concerning the extraterritorial application of U.S. criminal law. It also provides an overview of the work of international criminal tribunals and the challenges they face. The course combines law, policy, and history.

Mutually Excluded Courses: Students may not receive credit for both this course and the graduate course by the same name or International Criminal Law Seminar: Tribunals and Crimes or International Humanitarian Law and International Criminal Courts.

LAW 835 v00 International Debt Workouts

LL.M Seminar (cross-listed) | 2 credit hours

Cross-border lending has grown exponentially in recent decades, especially with the opening of new markets in emerging economies and further integration of financial markets globally.

A natural consequence is the invariable need to restructure cross-border debt. Such financial restructurings or "workouts" can occur individually with a troubled debtor or on a broader level in systemic crises (e.g., the debt crises involving Asia, Russia, and Mexico in the late nineties, Argentina in the last decade, and the recent global financial crisis primarily affecting the United States and Europe). In this course we will simulate, from an international lender's perspective, the out-of-court debt restructuring or "workout" of a corporation in distress. The simulation of this hypothetical workout will have role-play and extensive class interaction: we will be members of the restructuring and insolvency practice of an international law firm.

Our client will be an international commercial bank with a troubled loan to a company in a developing country. Our job will be to provide legal advice and services to our client throughout the loan workout process. During the semester we will also have insolvency practitioners as guest speakers. Our work will include conducting due diligence, recommending a legal strategy, coordinating the creditor group, establishing negotiation strategies (and leverage) for our client, structuring the transaction documents, and closing the deal.

The objectives of this simulation are to help students (1) understand the legal framework governing cross-border insolvency and restructuring, (2) debate legal issues affecting cross-border debt restructurings, (3) grasp the principles and best practices of international debt restructurings and insolvency from a practical perspective, (4) develop legal risk analysis and problem solving skills in the context of a troubled international financial transaction, and (5) gain experience with relevant document structuring and cross-border negotiation strategies.

Issues that will be addressed in the course include choice of law and jurisdiction, enforcement of creditors' rights in foreign courts, corporate governance, holdout creditors, moral hazard, distress signs in a company, cultural sensitivities, and cross-border negotiation techniques.

The course will be taught by Claudio N. Rechden, Senior Counsel for the International Finance Corporation (the private sector arm of the World Bank). Claudio has extensive international finance, cross-border restructuring and litigation experience, and currently is the IFC counsel for several projects worldwide - a portfolio of over half a billion dollars. Evaluations will be done by short reaction papers in groups and by class participation. There will be no exams.

Prerequisite: Corporations.

Recommended: Bankruptcy and Insolvency.

LAW 1412 v00 International Economic Law

J.D. Course (cross-listed) | 4 credit hours

This four-credit survey course analyzes the major legal issues in international business, trade, and investment activity in both the private and public sectors. It provides the basic coverage of the wide variety of issues that relate to international trade, investment, and commercial intercourse with which every competent lawyer should be familiar. (In depth coverage of any of these areas should be explored in subsequent specialized courses depending on the students’ particular interests.) The principal areas of coverage are: (1) the movement of goods, including private techniques of contract and financing; (2) import tariffs and customs; (3) international and regional trade and financial institutions, including the World Trade Organization, IMF, World Bank, the North American Free Trade Agreement and the Trans-Pacific Partnership; (4) problems of international investment; (5) the protection of intellectual property; (6) emergency powers, economic sanctions and export controls; (7) formal dispute resolution in trade and investment, including international arbitration and litigation; and (8) the challenges of foreign corruption.


The books for LAWJ 1412-08 and LAWG 1412-08 (International Economic Law) are:


1. Daniel C.K. Chow and Thomas J. Schoenbaum, International Business Transactions (3rd. ed., Aspen, 2015) ISBN: 978-1-4548-4941-4


2. Daniel C.K. Chow and Thomas J. Schoenbaum, International Business Transactions: Documents Supplement (Wolters, Kluwer, 2015) ISBN 978-1-4538-5998-7)


2A. 1 & 2 bundled save about $30; use ISBN 9781454870371.


3. Michael J. Trebilcock, Advanced Introduction to International Trade Law (Edward Elgar, 2015) ISBN 978-1-78347-1602

Prerequisite: Note: There are no pre-requisites, but a course in public international law (at Georgetown or elsewhere) would be helpful.

Mutually Excluded Courses: Students may not receive credit for this course and International Business Transactions or International Business Transactions and Trade Law (formerly International Law II).

LAW 1380 v00 International Economic Law & Policy Colloquium

J.D. Seminar (cross-listed) | 2 credit hours

The International Economic Law & Policy Colloquium offers students a new and rigorous research platform for understanding the theory of international economic law and participating in policy analysis. Students will participate alongside graduate students, fellows and visiting scholars at the Institute of International Economic Law at weekly luncheons with outside speakers and help create, and potentially author, research and policy-oriented products for the Institute of International Economic Law.

Students will be expected to 1) write brief response papers for occasional presenters hailing from the academy, government and the public policy community 2) help curate and prepare a monthly “IIEL In the Know” Newsletter for lawyers, regulators and financial authorities and 3) provide one 2-5 page brief on a specific policy issue concerning a relevant matter of international economic law. The best issue briefs will be included for publication by IIEL and distributed to policymakers in Washington D.C. and abroad. Topics covered include international trade, financial regulation and enforcement, monetary affairs and tax.

Recommended: Ideally students will have taken an advanced course in either a) International Trade and Arbitration b) business law (e.g., Securities Regulation, Bankruptcy, International Business Transactions, or International Finance) or c) International Tax.

LAW 166 v00 International Efforts to Combat Corruption Seminar

J.D. Seminar (cross-listed) | 2 credit hours

International anti-corruption has become increasingly “fashionable” among lawyers and policymakers: governments, international organizations, and technical experts all identify corruption as a serious impediment to comprehensive economic development. If left unchecked, corruption threatens to undermine the effectiveness of development initiatives in both the public and private sectors. Growing enforcement of legal instruments such as the Foreign Corrupt Practices Act and the UK Bribery Act have placed anti-corruption squarely on the agenda of a wide variety of transnational organizations. With so many variant actors invoking the importance of anti-corruption, lawyers must not only have a working knowledge of what corruption entails, but also understand how the development of an international anti-corruption legal framework is changing the way business is conducted in a global economy.

This course explores the international legal framework of anti-corruption, the scope of anti-corruption instruments, the methodologies employed by international actors enforcing these instruments, and the policy dilemmas implicated by these endeavors.

Given the dynamic nature of anti-corruption initiatives, the course presents an interdisciplinary, interactive approach to the subject matter. The class will introduce and discuss perspectives from academic texts, policy papers and media. It is hoped that this broad-based approach will provide students with a strong theoretical foundation in anti-corruption law, foster a practical understanding of international anti-corruption work, and inspire students to integrate this avenue of study into their future professional endeavors.

Students will complete a research paper 20-25 pages in length, and will also be asked to present their topic to the class during the last two course sessions.

Learning Objectives:

By the end of this course, students will have a working knowledge of the role anti-corruption policy and political institutions (i.e., FCPA, OECD, and UNCAC) play in the field of anti-corruption. Students will be able to engage in professional discussions on the historical context of international anti-corruption efforts, the state of the current political and international climate, and the future of anti-corruption by making connections between past policy and current events. Students will be able to articulate original views, back them up with research and defend them through strategic thinking by engaging with guest-lecturing practitioners and the final oral presentation. Students will further deepen their knowledge on a particular topic within the field by conducting a research paper in which they will need to provide insightful analysis making connections among historical and current policies, institutions, and governments.

Recommended: Prior or concurrent enrollment in at least one course in private or public international law.

Mutually Excluded Courses: Students may not receive credit for this seminar and Global Anti-Corruption Seminar.

LAW 3032 v00 International Energy Arbitration

LL.M Course | 2 credit hours

The course begins with an introduction to International Energy Arbitration, followed by discussion of the International Energy Industry, its sources, segments, and players. Next comes the Science of Oil & Gas Disputes, an essential building block for any lawyer engaged in this field. An extensive presentation on the Legal Framework for International Energy Arbitration covers international laws and norms, national constitutions, national petroleum laws and regulations, and, in particular detail, the historical evolution of upstream host government petroleum contracts, including petroleum fiscal systems. To place the subject of host government contracts in its proper setting, the next section describes resource cycles and resource nationalism, as well as the legal status of host government contracts. Segments on contract stabilization and choice of law come next. The subject of international oil and gas dispute resolution explains the process and procedure for resolving these disputes through international arbitration, drawing on examples from actual international energy agreements and disputes. Discussion then moves to the early international oil and gas arbitration awards, from there to several modern international oil and gas arbitration awards, and finally to contemporary energy disputes with host governments. The course then moves to commercial disputes arising out of joint operating agreements, gas contracts, and LNG sales contracts. The final two substantive course subjects address disputes with host governments and with co-venturers over unitization / joint development of a common reservoir and decommissioning / abandonment of offshore production platforms and related facilities. Following a discussion of enforcement of energy awards, the final segments address advocacy in international energy arbitration and building an international energy arbitration practice. The course is designed to provide an in-depth knowledge of the main types and key drivers of international energy disputes, past and present, not only to aid in understanding the international energy industry, its business relationships and contracts, its broader legal framework, and its disputes, but to build better advocates to represent international energy companies and host governments in these contentious proceedings.

Recommended: Prior or concurrent enrollment in an introductory international arbitration course.

Note: A student will be permitted to drop a course that meets for the first time after the add/drop period, without a transcript notation, if a student submits a written request to the Office of the Registrar prior to the start of the second class meeting. Withdrawals are permitted up until the last class for this specific course.

LAW 145 v00 International Environmental Law

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

This course focuses on international law applicable to the leading environmental and natural resource issues. The course covers climate change, ozone depletion, transboundary pollution, hazardous wastes and chemicals, biodiversity, agriculture,  fresh water, human rights and environment, environment and trade intersection, and financing of sustainable development.  The course provides a framework for addressing the legal issues, links international law with relevant national laws, and focuses on ways to strengthen compliance with international obligations.

Learning goals for this course: To enable students to become effective counsel, litigators, negotiators, arbitrators, judges, or legal advisors on a broad range of international environmental and natural resource problems; to understand international negotiations; and to be able to apply legal concepts developed in the course within different national settings for implementing international law. 

LAW 197 v01 International Finance

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

In 1970, about 90% of international transactions represented trade in goods and services. On the eve of the last financial crisis, about 90% of international transactions reflected movement of capital unrelated to trade. This course examines aspects of national and international law that govern cross-border capital movements. The goal is to discern elements of an evolving legal regime for international finance.

We will consider current issues in international finance from the transactional, regulatory, and policy perspectives – reflecting the different functions of the law in this area. Beyond basic legal concepts relevant to international banking, securities and currency markets, we will address topics including crisis response, international institutions, government debt, foreign assistance and microfinance. The syllabus assumes no background in finance, economics, banking or securities law. In addition to classroom engagement and a take-home exam, course components include policy and negotiating simulations, and a news blog.

Recommended: Federal Banking Regulation, Securities Regulation and International Law I: Introduction to International Law.

Mutually Excluded Courses: Students may not receive credit for this course and International Finance and Regulation.

LAW 197 v00 International Finance and Regulation

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

This course explores some of the key financial transactions that animate the international economy and the global regulatory architecture governing them. Substantive subjects include the global financial architecture, international banking regulation, project finance, derivative products and syndicated lending. The course also addresses the intersection between financial regulation and international monetary law by surveying the 2008 financial crisis, the European debt crisis, the future of the dollar as an international currency and the offshore renminbi market.

Recommended: Corporations.

Mutually Excluded Courses: Students may not receive credit for this course and International Finance.

Note: The first class is not mandatory, though it is highly advised.

LAW 227 v04 International Human Rights

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

In the last two centuries, universal human rights have evolved from a utopian philosophical proposal to the dominant ideal of contemporary world politics. Beginning with the U.N. Charter in 1945, an elaborate body of human rights law has emerged. Nevertheless, even today human rights remain utopian for millions, perhaps billions, of people. This course will examine the basics of human rights law: the human rights provisions of the U.N. Charter and the Universal Declaration of Human Rights; the Genocide Convention; the Covenants on civil, political, economic, and social rights; the Torture Convention; and other treaties. The course also examines efforts by regional organizations and NGOs to implement human rights, and human rights successes and failures "on the ground." The course will study the U.S. role in human rights, and the post-9/11 tensions between human rights and the campaign against international terrorism.

Recommended: International Law I: Introduction to International Law.

Mutually Excluded Courses: Students may not receive credit for both this course and the graduate course, International Human Rights Law.

LAW 1344 v00 International Human Rights & Advocacy for Children and Adults with Disabilities Seminar

J.D. Seminar (cross-listed) | 2 credit hours

This class will address the worldwide challenge to protecting the rights of people with disabilities, focusing on the 10 million children and many more adults segregated from society in orphanages, psychiatric facilities, and other institutions. The first part of the class will examine the new UN Convention on the Rights of Persons with Disabilities (CRPD) and how it fills gaps in international law. Through the study of country situations and advocacy projects, students will examine how international law can be used: (1) to fight segregation, abuse, and exploitation of people with disabilities; (2) promote social policy reforms; (3) educate the public about vulnerable populations; (4) hold governments internationally accountable and (5) influence international charities and development organizations. Students will write papers that apply international advocacy strategies to a real context of their choice, and we will problem-solve collaboratively in the class. Students may choose projects outside the disability rights area or they may write papers that contribute to the work of Disability Rights International (DRI).

LAW 203 v00 International Human Rights Colloquium

J.D. Seminar (cross-listed) | 2 credit hours

At this colloquium, a paper will be presented each week by a leading national or foreign scholar in the field of international human rights law. The papers will relate to fundamental theoretical questions concerning international human rights and the international legal system. Students will be expected to read the papers and prepare a short written critique of five of the papers. They will also have an opportunity to present oral comments to the paper’s author. In addition to the students enrolled in the colloquium, faculty members from the Law Center and other area law schools will attend the weekly paper presentations. Lunch will be provided.

Prerequisite: Prior or concurrent enrollment in International Law I: Introduction to International Law.

LAW 814 v00 International Human Rights Law

LL.M Course (cross-listed) | 3 credit hours

Out of the ashes of World War Two and the Holocaust arose the recognition of individual criminal responsibility for crimes against humanity under international law and a concomitant recognition of internationally protected human rights. This course provides an intensive survey of international human rights law and practice, with a principal focus on interpretation and implementation of human rights norms in the practice of states. The course examines the development of the substantive law of human rights (including international treaty instruments, "soft law," and customary international law) and international, regional, and domestic systems of oversight and enforcement, focusing on UN organs such as the Human Rights Council and treaty bodies. The course includes treatment of the principles of international humanitarian law, and highlights selected contemporary and ethical problems in international human rights law such as genocide and torture, application of human rights norms to non-state actors (including corporations), universality of human rights norms and cultural relativism, and the need to protect human rights while countering terrorism, including issues relevant to U.S. law and practice. Along the way we examine issues related to international immunities, impunity, human rights litigation under the U.S. Alien Tort Claims Act and Torture Victim Protection Act, and international criminal tribunals. We also review the more recent treaty texts adopted by the United Nations General Assembly such as the Convention to Protect Against Enforced Disappearances and the Convention on the Rights of Persons with Disabilities.

Recommended: International Law I: Introduction to International Law.

Mutually Excluded Courses: Students may not receive credit for both this course and International Human Rights Law, or the J.D. course, International Human Rights.

LAW 814 v02 International Human Rights Law

LL.M Course (cross-listed) | 3 credit hours

How can the international legal system address some of human kind’s greatest weaknesses? This course provides an intensive survey of modern international human rights law and the legal institutions and systems of oversight that support it. Through a mixture of lecture and class discussion, we will look at how and why these mechanisms developed, and critically analyze how they -- as well as States, non-State actors, and individuals -- succeed or fail in practice to promote and protect human rights at the international, regional, and domestic levels. We will cover the foundations of the modern system including the International Bill of Human Rights and the Geneva Conventions, as well as subsequent developments including treaties and declarations regulatingthe use of certain weapons, prohibiting torture, protecting the rights of persons with disabilities, protecting refugees, promoting the rights of indigenous peoples, eliminating racial discrimination and discrimination against women, and establishing the international criminal court. We will also look at how “soft law” has developed to address emerging human rights-related fields such as corporate social responsibility and data privacy protection. Highlighting contemporary issues in international human rights, we will ultimately ask ourselves how current international human rights mechanisms can address today’s conflicts, including refugee crises, natural resource disputes, and international campaigns against terrorism.

Recommended: Prior enrollment in International Law I: Introduction to International Law (or equivalent).

Mutually Excluded Courses: Students may not receive credit for both this course and International Human Rights Law and Practice.

LAW 1451 v00 International Intellectual Property and Development

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

Intellectual property is increasingly a global phenomenon, as creators seek to distribute their work and inventions across borders, while consumers seek access to creative products and innovations, from books to life-saving medicines. The scope of intellectual property rights set out in international treaties and national laws affect innovation and creativity worldwide. Exceptions to intellectual property rights determine rights to critique and learn. At stake in the balance between rights and exceptions are access to medicines and to knowledge. In an age driven by both technology and fashion, intellectual property is central to the global economy. This course will examine international trade law, national customs law, intermediary liability rules, claims for rights in traditional knowledge and genetic resources, protections for geographical indications, technology transfer, and intellectual property piracy. The central question will be: how can international intellectual property law be designed to help the world’s poor?

Mutually Excluded Courses: Students may not receive credit for this course and Intellectual Property in World Trade.

LAW 3013 v00 International Investment Law

LL.M Course (cross-listed) | 2 credit hours

International investment law consists of those international legal principles that define the obligations of states toward the investments of aliens within their territory. Like all international law, it has developed in response to the concerns of States. The goal of this seminar is to develop in the student a rather full understanding and appreciation of the important principles of international investment law that now prevail and of the issues that are currently the subjects of serious debate. The seminar aims to develop this understanding by studying the historical development of this area of the law and considering the fundamental concerns of States that have driven this development.


We will begin by considering, as a normative matter, what a state’s responsibility toward private property should be and then review the legal principles espoused by the United States and other Western countries at the beginning of the last century, when there were few independent countries interested in challenging these views. We then will consider the development of dissent from this Western consensus in Latin America and in the newly independent states of Asia and Africa that emerged following the Second World War. Our consideration of this period of discord will be followed by discussion of the so-called "Washington consensus" that developed in the 80s and 90s, some parts of which are reflected in the thousands of bilateral investment treaties that have been concluded, largely in the last 30 years. We then will focus on those investment treaties, and the many arbitral awards that have interpreted them, to identify (1) key principles of investment law on which a broad consensus has emerged and (2) difficulties that arise in applying those principles to particular situations. Finally, the seminar will consider the relationship between international investment law and efforts by states -- jointly or separately -- to promote environmental protection, labor rights, and investments that serve the long-term interests of the population of the host state. We will discuss whether these goals can be pursued effectively under the principles on which a consensus now exists, whether these principles need to change, or whether some additional principles need to evolve. We will end by discussing some of the policy issues now being debated that relate to the desirability of investor-state dispute-settlement procedures and to the contents of international investment agreements, including two now being negotiated, the Transatlantic Trade and Investment Partnership (TTIP) and the Trans-Pacific Partnership (TPP)

Recommended: An introductory international law course.

Note: A student will be permitted to drop a course that meets for the first time after the add/drop period, without a transcript notation, if a student submits a written request to the Office of the Registrar prior to the start of the second class meeting. Withdrawals are permitted up until the last class for this specific course.

LAW 437 v01 International Investment Law

J.D. Course (cross-listed) | 2 credit hours

This course will cover salient issues in the international law of foreign investment protection. After a review of basic historic principles of public international law regarding injury to aliens, we will examine the development of an extensive network of bilateral and multilateral treaties providing foreign investors international law protection, directly enforceable against states through international arbitration. We will review major principles of substantive law and procedure implicated in investment treaty claims, including jurisdictional issues of qualifying investment and nationality; the appointment of arbitrators; interim measures of protection; the relationship between parallel proceedings in domestic and international fora; rules of procedure and disclosure of evidence; substantive standards of protection including assurances of nondiscriminatory treatment, fair and equitable treatment, and protection against unlawful expropriation; state defenses such as necessity and countermeasures; principles governing damages; and the review and enforceability of investment arbitration awards. The focus of the course is on the practical application of legal principles in the context of specific investment claims, governed by international agreements and reflected in arbitral awards and decisions. We will, however, also discuss broader issues such as trends in international investment law, theoretical underpinnings of the legal principles applied, proposals to broaden or restrict substantive protections, and initiatives to reform procedure and promote transparency.

Recommended: Prior or concurrent enrollment in International Law I: Introduction to International Law.

LAW 3046 v00 International Investment Law and Arbitration in Practice: Past, Present, and Future

LL.M Seminar (cross-listed) | 2 credit hours

Foreign investments today enjoy international legal protection through a global network of more than 3,000 investment treaties. Many of these treaties offer recourse to international arbitration to investors whose investments have been subject to interference in the state hosting the investment. Public interest in investment treaty arbitration is growing and both developed and developing countries have begun to revisit their treaties. Investment treaty arbitrations often focus on the interface between domestic and international law, and turn on how to balance the rights of private investors against the wider public interest.
 
Over the last two decades, international investment law has become one of the most dynamic areas of international law. Public attention has focused on the Transatlantic Trade and Investment Partnership, NAFTA, and the Trans-Pacific Partnership Agreement. In the wake of a rapid increase in the number of investment disputes, including those arising out of Argentina’s 2001 financial crisis, Germany’s exit from nuclear power, the expropriation of Yukos shareholders and Australia’s plain tobacco packaging legislation, awareness of investment treaties and their robust investor-state dispute resolution mechanism, has grown. The legitimacy and fairness of decision-making by investment tribunals have come under scrutiny.
 
This seminar addresses the substantive and procedural legal issues arising in investment law and arbitration today, principally – but not exclusively – from the perspective of practice. We will consider the ambit and substance of the protections afforded to foreign investors through treaties, including investment chapters of free trade agreements, while focussing on the specific legal and practical issues that can arise for claimant investors, respondent states, arbitrators and third parties during the course of a case. We will learn about the institutions and rules that govern investor state arbitration, we will consider the theoretical and policy background that underpins the governing framework, and we will scrutinize the relationship between investment treaty law and other areas of international law, public law, and human rights law

LAW 191 v02 International Labor and Employment Law

J.D. Course | 3 credit hours

The law of work is an increasingly important aspect of the global economy. Knowledge of this subject is useful in representing companies, unions, employees, governments and non-governmental organizations. Themes developed in the course also are central to understanding the relationship between law and globalization more broadly. We will study hard and soft law in the various forms in which it operates trans-nationally, including domestic law with foreign effects; public and private international law, such as human rights and trade law; and private codes of corporate social responsibility. The International Labor Organization (ILO), which is a touchstone in the course, is an especially interesting institutional case study: It is the world’s oldest international organization, with 180 member countries giving it near-universal representativeness, and its inclusion of governing roles for civil society groups – unions and employer associations – makes it unique among international institutions. Attention will be given to subordination of documented and undocumented migrants, women, and child laborers.

LAW 2014 v00 International Law and Covert Operations

LL.M Seminar (cross-listed) | 3 credit hours

With the end of World War II and the establishment of the UN, particularly Articles 2(4) and 51 of the UN Charter, the international community has endeavored with mixed success to regulate the use of force. International relations have traditionally been conducted with a Westphalian view of individual state sovereignty and territorial integrity. Respect for state sovereignty encourages stability. Today non-state actors operating across state boundaries present a new and complex set of problems. And states tend to act in what they perceive to be their own self-interest, which may or may not be in strict compliance with Art. (2)(4). In addition, technology has expanded the ways in which states can now use force to attempt to alter outcomes. Targeted killings (or non-judicial killings) using unmanned aerial vehicles (UAVs) are but a recent example of the application of limited force to obtain a desired outcome. Covert activities, while raising substantial policy issues, may avoid some of the legal and political difficulties associated with the use of overt military force and may become an increasingly attractive option in situations, including threats to human rights, where diplomatic or economic coercion are not sufficiently viable and action is deemed necessary by state decision makers. There is a tremendous amount of scholarship emerging that focuses on this and other aspects of covert activities. The United States conducts covert operations through both the CIA and Department of Defense. In this course we will first examine the U.S. law regulating such activities, including Title 10 and Title 50 and Congressional Oversight. But most of the course will be devoted to reviewing the relevant areas of international law (including the Law of Armed Conflict, International Humanitarian Law and Human Rights Law) that are most often invoked in analyzing the legality of the use of force. We will examine several types of specific operations, including renditions, reprisals and humanitarian rescue operations. The course will examine a variety of scholarly legal arguments in the context of specific covert operations that have been reasonably well documented. We will discuss the law enforcement model often proposed where targeted killing is involved and compare it with the more traditional approach found in the law of armed conflict and international humanitarian law. This course will examine how neutral legal norms are applied in specific contexts and how political reality can shape outcomes and the application of such norms.

LAW 1476 v00 International Law and the New Global Political Economy Seminar

J.D. Seminar (cross-listed) | 2 credit hours

Recent electoral results in the United Kingdom and the United States have challenged the liberal globalization agenda of the last three decades. The UK is leaving the European Union and the Trump administration has withdrawn from the Trans-Pacific Partnership (TPP), called for a renegotiation of the North American Free Trade Agreement (NAFTA) and advanced an America First foreign policy. Discontent with the effects of global markets includes job losses, wage stagnation, growing income inequality, and downward mobility of the middle class. How are these effects related to the international legal architecture states have set up, including international trade and investment agreements, international tax regimes, financial regulation and labor norms? Can’t these negative results be addressed primarily and more effectively at the national level?

This moment offers a key opportunity to think of an alternative globalization. So far, there are two strong, emerging positions in the global economic debate. On the one hand opposition to globalization, often accompanied by xenophobic and discriminatory rhetoric, blames foreign trade, immigration and racial minorities for the economic foibles of society. On the other hand, there is a defense of existing liberal globalization as the enlightened economic path that needs to be better explained and at the most softened. Can we imagine a different type of globalization? One that recognizes the gains that societies may accrue from integration while addressing seriously the dislocation and negative distributional consequences? Does this require that we re-imagine a different role for the State in the market? Does it entail a reform of our existing global institutional arrangements? What role may international law play in responding to these challenges?

A leading scholar in the field of international law will present a paper each week. The papers represent a wide range of topics and methodological approaches connected to the colloquium questions. Students will be expected to read the papers and write a short critique of five of the papers. You will also have an opportunity to engage in discussion with the paper’s author. In addition to the students enrolled in the colloquium, Georgetown Law faculty and other DC area scholars and practitioners will be invited to participate in the weekly paper presentations. Lunch will be provided.

LAW 1362 v00 International Law Colloquium

J.D. Seminar (cross-listed) | 2 credit hours

In this colloquium, a paper will be presented each week by a leading national or foreign scholar in the field of international law. The papers will relate to fundamental theoretical questions or cutting edge issues concerning the international legal system. Students will be expected to read the papers and prepare a short written critique of five of the papers. They will also have an opportunity to present oral comments to the paper’s author. In addition to the students enrolled in the colloquium, faculty members from the Law Center and other area law schools will attend the weekly paper presentations. Lunch will be provided.

Prerequisite: Prior enrollment in International Law I: Introduction to International Law.

LAW 3052 v00 International Law Essentials: The U.S. Perspective

LL.M Seminar | 1 credit hour

This one-credit course is designed to provide incoming students with (i) a review of the basic purposes, principles and instruments of international law and (ii) an introduction to the U.S. approach to the field. It is mainly intended for those who have previously taken a basic international law course (especially in a non-U.S. school) and who would benefit from a short "refresher" before undertaking more advanced or specialized courses. In addition to the essential elements of public international law, the course will touch on relevant aspects of private international law and the ways in which both public and private international law principles and obligations are given effect ("domesticated") in U.S. law. The format will be interactive discussion, permitting participants to focus on issues of greatest relevance and importance. The examination will be in a short-answer take-home format.

Prerequisite: Prior enrollment in a basic international law course.

Mutually Excluded Courses: Students may not receive credit for both this course and the course International Law I: Introduction to International Law.

Note: This course is mandatory pass/fail. J.D. students may not enroll in this course.
Please note that this course cannot be used to fulfill the LL.M. degree requirement of completing International Law I or a comparable course prior to or during the LL.M. program.

A student will be permitted to drop a course that meets for the first time after the add/drop period, without a transcript notation, if a student submits a written request to the Office of the Registrar prior to the start of the second class meeting. Withdrawals are permitted up until the last class for this specific course.

LAW 235 v02 International Law I: Introduction to International Law

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

This course deals with the nature and sources of international law and major developments in the international legal system. It considers such topics as treaties, executive agreements, and customary international law; the recognition of states and governments; jurisdiction over disputes with international elements; foreign sovereign immunity; various methods for international dispute resolution, especially courts and international arbitration; the role of international law in the U.S. legal system and the allocation of foreign affairs powers between the President and Congress; the roles and operations of the United Nations, the World Bank, the International Monetary Fund, and other international and regional entities, such as the European Union and the World Trade Organization; Law of the Sea; International Criminal Law; how the international system protects (or fails to protect) human rights and the environment; and the use of force against other countries, rebellions, or terrorist groups.


Learning goals for this course:

Ability to analyze and interpret treaties, judgments and other international law instruments. Awareness of relationship between international and domestic law, how international law is made and applied, how domestic legal systems differ in their approach to international law.

Mutually Excluded Courses: Students may not receive credit for both this course and the first-year elective International Law I: Introduction to International Law, or the LL.M. course International Law Essentials: The U.S. Perspective.

LAW 235 v08 International Law I: Introduction to International Law

J.D. Course | 3 credit hours

This introductory course deals with the nature, sources and operation of "public international law," with some of the most important contemporary challenges to the international legal system, and with the international community’s evolving responses to those challenges. It includes such topics as the law governing treaties and other international agreements; the recognition of states and governments; methods for international dispute resolution including litigation in the International Court of Justice; the United Nations and other international and regional entities; international human rights and international criminal law; law of the sea and international environmental law; and the rules governing the use of force. Some attention is also given to the role of international law in the U.S. legal system; questions of jurisdiction, foreign sovereign immunity and the act of state doctrine; and the allocation of foreign affairs powers between the President, the Congress, and the Judiciary. We will discuss a few of the most pressing illustrations of the operation – or shortcomings – of the international legal system in the context of current problems or crises. As a first-year elective, this course is intended to offer a contrast or a complement to the bulk of the first year curriculum, by exposing students to dispute resolution mechanisms other than litigation in U.S. courts, including through international courts and tribunals as well as international arbitration.

Mutually Excluded Courses: Students may not receive credit for this course and the upperclass course by the same title, or the LL.M. course International Law Essentials: The U.S. Perspective.

Note: This course is a first-year elective. First-year day students select an elective offered in the spring.

LAW 235 v16 International Law I: Introduction to International Law

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

This course deals with the nature and sources of international law and major developments in the international legal system, including the interaction of international law and municipal (domestic) legal systems. It considers such topics as treaties, executive agreements, and customary international law; the recognition of states and governments; jurisdiction over disputes with international elements; foreign sovereign immunity; various methods for international dispute resolution, including courts and international arbitration; the role of international law in the U.S. legal system and the allocation of foreign affairs powers between the President and Congress; the roles and operations of the United Nations and other international entities; how the international system protects (or fails to protect) human rights and the environment; and the use of force against other countries, rebellions, or terrorist groups.

Learning Objectives:

This course will expose you to a different legal system – the regime of contemporary public international law governing the conduct of states and international organizations – as well as the way that legal regime is incorporated in the law of the United States.

It also serves as a general precursor to other international law courses in the Georgetown Law curriculum, including International Law II (which covers international business and economic law), comparative law studies, and more specialized offerings.

Mutually Excluded Courses: Students may not receive credit for both this course and the first-year elective International Law I: Introduction to International Law, or the LL.M. course International Law Essentials: The U.S. Perspective.

LAW 235 v17 International Law I: Introduction to International Law

LL.M Course (cross-listed) | 3 credit hours

This course is a broad introduction to public international law. Students will consider the nature of international law as law, sources of international law including customary international law, and the role of national and international tribunals in international dispute resolution. The course will also cover topics including the fundamentals of treaty law, statehood, recognition of states and governments, jurisdiction and immunity, state responsibility, international humanitarian law, international human rights law, international environmental law, the law of the sea, and international commercial disputes. The course will touch on other relevant topics as time permits.

Mutually Excluded Courses: Students may not receive credit for both this course and the first-year elective International Law I: Introduction to International Law, or the LL.M. course International Law Essentials: The U.S. Perspective.

LAW 1010 v00 International Law in Domestic Courts Seminar

J.D. Seminar (cross-listed) | 2-3 credit hours

How does international law apply in domestic legal systems? When are treaties and customary international law binding in national courts? What are the rules and mechanisms of “incorporation”? Do judges have a responsibility to follow generally accepted rules of international law? This seminar offers students an opportunity to research, write and make presentations about specific issues related to the status of international law in domestic legal systems. The primary focus will be on the U.S. system, but a comparative approach is included and students are encouraged to investigate the treatment of international law in foreign legal systems that directly incorporate customary international law as well as those where international legal rules always require legislative enactment.

These issues arise in varying contexts, from human rights litigation under the Alien Tort Statute to habeas proceedings concerning GTMO detainees, from compliance with ICJ decisions to displacement of state law under ratified treaties and executive agreements, from the impact of rulings by the International Criminal Court to questions of sovereign immunity and Acts of State, from using international law to interpret domestic statutes to the proof of foreign law in civil and commercial cases. More broadly, we will be exploring whether domestic courts can or should act as enforcers of international law, whether domestic courts should be considered part of an emergent “global judiciary,” the importance of transnational cooperation between courts, etc.

This course is open to J.D. and LL.M. students and requires a paper and an oral presentation.

Learning goals for this course:

Ability to research, use, and write about topics at the intersections of international and domestic law; awareness of how different legal systems deal with relevant topics; ability to present orally and in writing.

Recommended: International Law I.

Note: J.D. students must register for the 3 credit section of the seminar if they wish to write a paper fulfilling the J.D. Upperclass Legal Writing Requirement. The paper requirements of the two-credit section will not fulfill the J.D. Upperclass Legal Writing Requirement.

LAW 1231 v00 International Law Seminar: Poverty Reduction and Accountability

J.D. Seminar (cross-listed) | 2-3 credit hours

This seminar examines efforts to reduce poverty in countries and problems of accountability in doing so, whether in international institutions, national institutions, or the private sector. Considers various approaches to accountability. Covers issues of compliance, good governance, human rights, corruption, environmental sustainability, and experience with various accountability mechanisms in international institutions. Includes two simulations in which students must address accountability issues.

Learning goals for this course:  To understand the difficulties of reducing poverty within countries and the legal issues associated with bringing accountability to doing so.  Students should be able to develop insights that can be applied in both the public and private sectors. 

Recommended: A basic course in public international law.

Note: This seminar requires a paper. J.D. students must register for the 3 credit section of the seminar if they wish to write a paper fulfilling the Upperclass Legal Writing Requirement. The paper requirements of the 2 credit section will not fulfill the J.D. Upperclass Legal Writing Requirement.

LAW 1024 v00 International Law Seminar: Water Resources

J.D. Seminar (cross-listed) | 2 credit hours

Fresh water resources are predicted to become increasingly scarce in some regions and a source of conflict. This seminar covers a broad range of issues in international water law, including surface and ground water allocation, water quality, water agreements and river basin institutions, human right to water, water markets, demand management, and links with international economic law. Water is viewed both as a source of conflict and as an opportunity for cooperation. Includes a simulated negotiation for an international river or transboundary aquifer problem, and a simulated dispute settlement. Draws upon domestic water laws in understanding international water law.

Learning goals for this course: To understand legal aspects of water resource issues and the basic hydrology underlying the issues; to be able to identify the interests of different countries and other actors in an international negotiation over a water issue and to fashion solutions by thinking out of the box; to understand water litigation and the needs of judges/arbitrators in dealing with water resource issues.

Recommended: A basic course in public international law is helpful. 

LAW 761 v03 International Law, Human Rights & Fighting Impunity

LL.M Seminar (cross-listed) | 1 credit hour

This course will explore the global fight against impunity -- specifically, as it pertains to curbing war crimes, human rights violations, grand corruption and looted antiquities -- through class discussions, lectures and guest speakers with personal experience in fighting the impunity that is so often associated with war crimes and economic crimes. It is based on the premise that those that are willing to slaughter thousands of innocents, are also willing to steal millions of dollars and loot our collective cultural heritage – and that the fight against impunity includes both war crimes and economic crimes (and often, the international trend to focus on the former, ignores the domestic interest in prosecuting the latter). Over the semester, students in a seminar-size class will be exposed to the basics of international criminal law, international human rights law and international economic crimes, as well how the fight against impunity impacts national security and foreign policy issues. The class will focus on issues related to war crimes, crimes against humanity, and genocide, as well as the recent global efforts to fight grand corruption and recover looted assets and antiquities, including UN Convention Against Corruption and the new UN-World Bank Stolen Asset Recovery (StAR) Initiative. Students will be allowed to write a paper of their choice regarding international law and the fight against impunity. Class grades will be a combination between class participation (40%) and a seminar paper (60%). Required readings (cases, statutes, articles, book excerpts, on-line treaties, etc.) will be illuminated by lecture and discussion from a professor with first-hand experience in the global fight against impunity through his personal experience with the Slobodan Milosevic, Saddam Hussein and Omar al-Bashir matters, as well his background with the UN war crimes tribunal, the White House, the Pentagon, and the World Bank’s StAR Initiative, and helping recover stolen assets on behalf of various governments. In order to take advantage of Georgetown’s unique position in the intersection of law, politics, and international affairs, the course will feature high-profile guest speakers who will highlight their own personal efforts to fight impunity and how such international efforts impact national security and foreign policy matters.

Prerequisite: International Law I or equivalent.

Note: A student will be permitted to drop a course that meets for the first time after the add/drop period, without a transcript notation, if a student submits a written request to the Office of the Registrar prior to the start of the second class meeting. Withdrawals are permitted up until the last class for this specific course.

LAW 2061 v00 International Litigation and International Arbitration: A Practitioner's Approach

LL.M Course | 2 credit hours

This survey course introduces students to the traditional mechanisms used to resolve cross-border commercial disputes—international litigation and international arbitration—from the perspective of a practitioner. Among the topics examined are (1) the legal and practical advantages and disadvantages of litigation and arbitration, (2) key elements of international arbitration agreements (including the negotiation of those agreements), (3) key principles regarding the enforcement of international arbitral awards, (4) key treaties for international arbitration and international litigation, (5) principles and tactics involved in litigating and arbitrating against sovereigns, (6) the jurisdiction of US courts over foreign defendants in cross-border cases, (7) unique features of civil and common law courts in the resolution of international commercial disputes, and (8) the practice and strategic use of parallel international litigation and arbitration proceedings.

LAW 076 v00 International Migration and Development

J.D. Seminar (cross-listed) | 3 credit hours

This seminar is intended for students interested in preparing a research paper on a topic related to international migration. The course will focus on trends in international migration, including future economic, social, demographic, political, and other factors that will influence population movements; the elements of a normative and legal framework on which coherent migration policies could be based; the relationship between international migration and such issues as economic development, economic growth and competitiveness, poverty alleviation, trade, national and international security, social support systems, human rights, transnational organized crime, and public health; and institutional arrangements that will enhance international cooperation to promote safe and orderly migration.

Note: Priority is given to students fulfilling the requirements of the Certificate in Refugees and Humanitarian Emergencies and to students enrolled in the Certificate Program in International Human Rights Law.

See the schedule of courses on the Main Campus Registrar's website for room assignments. Law Center students may register only through the Law Center's registration system.

This seminar requires a paper. J.D. students must register for the 3 credit WR section of the seminar (LAWJ-076-09) if they wish to write a paper fulfilling the Upperclass Legal Writing Requirement.

LAW 1415 v00 International Migration, Mobility and Human Rights Seminar

J.D. Seminar (cross-listed) | 2 credit hours

Since time immemorial, migrations have shaped human communities. Migration is in the DNA of Humankind and our history as an animal species is that of a continuous migration towards resources. Migration is a constant of civilisation, and borders, as a very recent concept, are over the long run an ineffective barrier to migration.

During the last centuries, migrations increased considerably, in both distance and numbers. Continents have been populated by external migration, to the detriment of indigenous peoples who had themselves earlier come from somewhere else.

In the past fifty years, this movement has accelerated, due to the democratisation of means of communication and mass transport. States nowadays wish for an immigration that can contribute to economic growth, but fear that migration might increase the poorer part of their population, destabilize ecosystems and multiply political conflicts.

States in the “New World” have adopted broad immigration policies, selecting “the best and the brightest”. Source countries are thus losing a good portion of their human capital, a loss which is only partly compensated by the remittances that many migrants send back home.

The European Union has adopted a policy of free movement of capital, goods, services and persons within its common territory, therefore completing an integrated common market. This principle is not applicable to non-European citizens and “Fortress Europe” certainly seems well established, as exemplified by the present “migrant crisis” in Europe.

The 20th century has been that of the refugees. Communism, totalitarianism, decolonisation, cold-war-based conflicts, post-Cold-War ethnic conflicts have all taken their toll on human populations, forcing millions to flee. The legal concept of “refugee” has emerged and a status defined, now monitored by the United Nations High Commissioner for Refugees. A common doctrine of universal human rights has also been developed, applying equally to migrants, despite rampant discrimination against them.

The 21st century will be that of human mobility. Migration happens, whether we want it or not. Push factors (violence and poverty) and pull factors (stability, prosperity, as well as official or unacknowledged labour markets) are at works and borders remain porous, especially democratic ones.

Through permanent or temporary labour migration programmes, highly-qualified migration mechanisms, regional agreements establishing an area of free movement of persons, mobility provisions in free-trade agreements, the inception of a global migration governance regime can be delineated.

Unfortunately, the human rights of migrants are not often a priority, as vulnerable migrants cannot vote, rarely protest and mobilise little, for fear of detection, detention and deportation.

This seminar will examine many aspects of migration and mobility policies as they relate to international human rights law.

Note: This course will meet on the following Mondays and Wednesdays, 9:00 am - 11:00 am: 8/29, 8/31, 9/12, 9/14, 9/26, 9/28, 10/11 (Monday classes meet), 10/12, 10/17, 10/19, 11/28 and 11/30.

LAW 3029 v00 International Negotiations

LL.M Seminar (cross-listed) | 2 credit hours

The International Negotiation course will focus on the methods and objectives for successfully engaging in international negotiations. This course will include in-depth reviews and class discussions of negotiations conducted by governments, the private sector, non-governmental organizations, as well as international institutions. The course will provide important insight into the necessary preparations and research necessary to conduct international negotiations as well as a better understanding of the complexities and nuance of actual negotiations. The course will provide students an opportunity to review and dissect previous negotiations and prepare and conduct negotiations based on their understanding of what works and what does not. Discussions will focus on the most important aspects of negotiations -- mutual understanding of the expected outcome, in-depth review of the expected positions of the parties, how to accurately understand the extent of any leverage and how to assess a successful outcome. Cultural, linguistic and other possible impediments to a successful negotiation will also be explored to provide students a full understanding of all that goes in to a successful negotiation.

Recommended: Prior enrollment in International Law, Conflicts

Strongly Recommended: Legal writing

LAW 240 v00 International Negotiations Seminar

J.D. Seminar (cross-listed) | 2 credit hours

This seminar seeks to develop skills and knowledge to participate in negotiations and in particular international business negotiations. Approximately a third of course time is devoted to the negotiating process and analysis of negotiation principles and dynamics. Another third is spent on the cultural, practical, legal and strategic elements of international business transactions. The balance is spent on a series of "mock" negotiations. Students, individually and in groups, experiment with different negotiating techniques and fact situations of increasing complexity. The course requirement is principally satisfied through preparation of a comprehensive negotiated agreement and follow-up memorandum. Heavy emphasis is placed on class participation, including the negotiations. The final negotiating problem requires substantial team work with others, including strategy, analysis, and preparation. Negotiations are carried on both inside and outside normal class time.

Recommended: Contracts.

Mutually Excluded Courses: Students may not receive credit for this course and the International Negotiations Seminar in the graduate program (LAWJ/G-958) or International Business Negotiations.

Note: Students may not withdraw from this class after the add/drop period ends without the permission of the professor.

LAW 958 v00 International Negotiations Seminar

LL.M Seminar (cross-listed) | 2 credit hours

Examines the concept and technique of international negotiations, including substantive aspects of international agreements. During a portion of class time, the seminar will divide into teams for simulated negotiations, including transnational negotiations between private commercial parties and with governments.

Mutually Excluded Courses: Students may receive credit for this course and International Business Negotiations. Students may NOT receive credit for both this course and the J.D. course, International Negotiations Seminar.

Note: First class attendance is mandatory. All enrolled and waitlisted students must be in attendance at the start of the first class session in order to be eligible for a seat in the class. The first class session will be held in MCD 337.

LAW 2021 v00 International Oil & Gas Industry: Legal and Policy Seminar

LL.M Seminar (cross-listed) | 1 credit hour

The scramble to secure steady supplies of inexpensive energy has defined much of the twentieth and, thus far, twenty-first centuries. Today, with Middle East politics and oil prices dominating the headlines, the issues that confront the international petroleum industry have come into sharper focus. The industry lies at the intersection of global business, geopolitics, the environment, and, particularly in the developing world, economic development.

This seminar will address the international legal norms and public policy principles that have shaped, and continue to guide, this critical industry. Topics to be covered include: sources and uses of energy, oil & gas laws and contracts, maritime boundary disputes, and project financing of energy projects. This course is recommended for students interested in pursuing energy-related careers in government, professional services, industry (e.g., petroleum companies), or international development (e.g., the World Bank, United Nations, USAID).

LAW 928 v01 International Project Finance

LL.M Course (cross-listed) | 2 credit hours

This course provides a detailed overview and analysis of the technique of project financing in an international environment (particularly in emerging markets). The focus is on the perspectives of the various parties to the project, including output purchasers, providers of goods and services, equity holders, and especially commercial banks, international financial institutions and other lenders. The aspects peculiar to infrastructure projects in specific industries (such as power generation, ports, toll roads, etc.) are also considered.

Learning objectives:

Achieve competency in understanding and analyzing international project finance transactions, from the perspective of the various parties to the project, including:

  • Identify, understand and analyze project risks during development, construction and operational phases;
  • Analyze transaction structuring and identify contractual and non-contractual risk mitigation and shifting methods for project parties;
  • Apply basic finance and legal principles with respect to practical and contractual remedies, as well as dispute resolution mechanisms; and
  • Consider specific case studies, as well as sample transaction documents, to better understand the issues that arise in a typical international project financing.

Recommended: Contracts; Accounting Concepts for Lawyers; Conflict of Laws: Choice of Law (or the equivalent Conflict of Laws: Choice of Law (International Focus)); Corporate Finance; Corporations.

Mutually Excluded Courses: Students may receive credit for only one of the following courses: Developing and Financing Infrastructure Projects; International Project Finance and Investment; International Project Finance & Development: Case Studies; Project Development and Finance or Transacting International Finance.

LAW 928 v03 International Project Finance

LL.M Course | 3 credit hours

This course examines legal, business and public policy issues that arise in international project financings, particularly in emerging markets, and analyzes how such transactions are structured and negotiated and related risks are allocated. We consider the typical roles played by parties to such transactions (equity sponsors, lenders, customers, suppliers and host governments), interests associated with such roles, and how competing interests tend to be reconciled. We will focus on how negotiated arrangements are embodied in and supported by typical transaction documentation such as project documents, financing documents and legal opinions. Coverage will include illustrative local law and political risk issues. Selected international investment transactions, both actual and hypothetical, will be used to illustrate recurring themes.

Course requirements include participation in a simulated international project loan negotiation with outside parties serving as clients.

Recommended: International Business Transactions; Conflict of Laws: Choice of Law; Secured Transactions; Corporate Finance.

Mutually Excluded Courses: Students may receive credit for only one of the following courses: Developing & Financing Infrastructure Projects; Infrastructure Projects in Developing and Transition Countries; International Project Finance; International Project Finance and Investment; International Project Finance & Development: Case Studies; Project Development and Finance or Transacting International Finance.

LAW 928 v02 International Project Finance and Investment

LL.M Seminar (cross-listed) | 2 credit hours

Examines legal and financial aspects of foreign investment projects, especially in developing countries, from the perspective of the investor, lender and the host country. Legal issues related to the structuring of the foreign investment, the arrangement of the private and public financing, and the construction of a project are considered. A significant amount of time will be devoted to analysis of typical international project finance documentation, but the international and host country legal issues applicable to foreign investment, support from national and multinational agencies, noncommercial risk analysis and dispute resolution will also be considered and discussed.

Prerequisite: A course in International Business Transactions, or background in international business or financial transactions.

Mutually Excluded Courses: Students may receive credit for only one of the following courses: Developing Infrastructure Projects, Infrastructure Projects in Developing and Transition Countries; International Project Finance; International Project Finance & Development: Case Studies; Project Development and Finance or Transacting International Finance.

LAW 820 v01 International Protection of Intellectual Property Through the WTO

LL.M Course | 2 credit hours

This course deals with international protection of intellectual property through the World Trade Organization (WTO) and the WTO agreements which cover intellectual property: the TRIPS Agreement, The Paris Convention and the Berne Convention. The course will also cover the General Agreement on Tariffs and Trade (GATT) and the Dispute Settlement Understanding, which are essential in enforcing these agreements.

The course examines in detail the relevant U.S. law and how the extraterritorial application of these laws effects international enforcement of intellectual property. These laws are Section 337 of the Tariff Act of 1930 which prohibits the importation of articles into the United States which infringe U.S. patents, trademarks, or copyrights, and Section 301 of the Trade Act of 1974 which allows retaliation against foreign countries which impose unjustifiable or unreasonable restrictions against U.S. commerce.

The main WTO cases in intellectual property will be read and analyzed. These will include the cases on Sections 337 and 301, which have limited the United States’ ability to unilaterally affect intellectual property law. Other cases will include the U.S. – Cuba Havana Club case, the Indian Pharmaceutical case, the Internet Gaming case, the U.S. Musical Copyright case, the European Geographical Indication (GI) case, the Canada Pharmaceutical patent case, and the China Intellectual Property Violation case. The course will study the Doha Agreement, which allows the compulsory licensing of pharmaceutical patents to fight pandemic diseases particularly HIV/AIDS. Finally, the course will review any significant changes in trade law or existing trade agreements, particularly as relates to intellectual property, that may occur under the new Trump administration.

Mutually Excluded Courses: Students may not receive credit for both this course and Intellectual Property in World Trade (LAWG/J-226).

LAW 3006 v00 International Right to Health

LL.M Course (cross-listed) | 2 credit hours

The course provides an introduction to the human right to health and its implementation in a few hot topic issues. Issues covered will include criminalization of drug use and sexual and reproductive health, vulnerable groups, HIV/AIDS, the intellectual property regime and access to medicines, and a critique of the current framework and the challenges that impede the realization of the human right.

Recommended: Introductory course in public international law or human rights, introduction to public international law and/or introduction to human rights

Note: A student will be permitted to drop a course that meets for the first time after the add/drop period, without a transcript notation, if a student submits a written request to the Office of the Registrar prior to the start of the second class meeting. Withdrawals are permitted up until the last class for this specific course.

LAW 058 v06 International Tax and Business Planning Workshop

LL.M Seminar (cross-listed) | 3 credit hours

The Workshop will use a "case study" approach to address the myriad technical, practical and strategic issues involved in counseling a company as it evolves from a start-up operating out of its founder's garage (in the first week of the semester) to a Fortune 100 global powerhouse with operations on every continent. Each week's hypothetical case study will consist of a fact pattern, including financial and operational data, presenting a set of business objectives and/or problems to resolve. The class will be divided into separate "law firms" of 4 or so students per firm. Each firm will be asked each week to undertake a new project for the senior partner/client relating to the facts and requests for advice/assistance set forth in the case study. Members of the firm will then collaborate on a brief written product for presentation and discussion during the next week's session. The form, format and audience for the deliverable will vary from week to week --a technical tax law memo for the VP-Tax, a tax/financial analysis for the CFO, a strategic powerpoint presentation to the CEO or Board, a submission to a foreign tax administration, a legislative, treaty or regulatory proposal, an outline for an oral argument in an international tax case before a Federal Circuit panel. The objective of the exercise will also vary from week to week --for example, a pre-filing conference memo aimed at persuading the IRS National Office international rulings personnel to respond favorably if a request is filed on a cross-border spinoff; the executive summary of a Competent Authority request to resolve a withholding tax interpretative issue under an applicable treaty; strategic analysis and recommendations regarding the most tax effective approach to bring products to the EU or APAC market, to finance an international acquisition or to tax-effect losses incurred in a particular country operations. The seminar's final exercise will involve yet another twist in the company's life cycle.

Prerequisite: Prior or concurrent enrollment in Corporate Income Taxation I (or the JD course, Corporate Taxation (formerly Taxation II)) and a course in international taxation.

Mutually Excluded Courses: Students may not receive credit for both this course and the J.D. course Corporate Transactions, or the J.D. seminar Business Planning Seminar.

Note: FIRST CLASS ATTENDANCE IS MANDATORY. All enrolled and waitlisted students must be in attendance at the start of the first class session in order to be eligible for a seat in the class.

LAW 3063 v00 International Tax Controversy

LL.M Course (cross-listed) | 2 credit hours

This course concentrates on real world civil and criminal tax controversies involving international tax matters facing today’s tax practitioners.  The course begins with an introduction to the U.S. compliance regime, including the obligation to report worldwide income, specified foreign financial assets and international business activity. Students will learn the various international tax reporting obligations, applicable statutes of limitations and tolling provisions, potential civil penalties under the Internal Revenue Code and the Bank Secrecy Act, options for resolving non-compliance, procedures for challenging proposed and assessed penalties, and the risk of criminal investigation and prosecution. The course concludes with study of current international enforcement and litigation trends involving cross-border business transactions and base erosion/profit shifting issues.

Prerequisite: Federal Income Taxation

Recommended: Prior or concurrent enrollment in Federal Tax Practice & Procedure or any International Tax Course

Note: The course will include occasional presentations by guest speakers experienced in the field of international tax.

DISTANCE STUDENTS REGISTER FOR CRN# 35378: This course is open to both on-campus and distance students. DISTANCE STUDENTS WILL BE REQUIRED TO ATTEND LIVE VIA ZOOM VIDEOCONFERENCING AT THE SPECIFIED MEETING TIMES. Only students enrolled in the Executive LL.M. in Taxation, the Executive LL.M. in Securities & Financial Regulation, and the MSL programs may take this course on a distance basis. All J.D. students and resident LL.M. students may not enroll in this course on a distance basis.

LAW 509 v01 International Tax Law

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

This course is an introduction to the law and policy of U.S. taxation of U.S. and foreign persons engaged in cross-border activities. The course will address both how individual and corporate foreign taxpayers are taxed by the United States, and how U.S. individual and corporate taxpayers are taxed by the United States on income earned in or from other countries. Topics will include U.S. jurisdiction to tax, allocation of income, withholding taxes, the foreign tax credit, deferral, transfer pricing, and tax treaties. The course will also consider how the U.S. rules in these areas are influenced by developments in other countries. The goal of the course is to provide an overview of the relevant law and policy considerations, with a focus on specific issues that are presently contested as a policy matter. Students should leave the course with an understanding of the basic framework for U.S. international tax law and a sense of some of the policy debates surrounding the current rules.

Prerequisite: Federal Income Taxation (formerly Taxation I).

Mutually Excluded Courses: Students may not receive credit both for this course and for U.S. International Inbound Tax (formerly: U.S. Taxation of Foreign Persons in the United States); or U.S. International Outbound Tax (formerly: U.S. Taxation of Domestic Persons with Activities Outside of the U.S.); or U.S. Taxation of International Transactions.

LAW 798 v00 International Telecommunications Policy and Regulation

LL.M Course | 2 credit hours

This seminar addresses global information and communications technology (ICT) regulation and policy. In particular, it offers a multi-faceted view of the legal, economic, policy and technological underpinnings of global ICT. We will examine 1) key national and regional approaches to ICT; 2) the roles of key intergovernmental institutions and regional organizations (e.g., the International Telecommunications Union, Internet Governance Forum, the World Trade Organization) in shaping and promoting regulatory policies; 3) the key issues posed by emerging technologies, such as unmanned aerial vehicles; and 4) the challenges posed by new methods of content delivery, such as video streaming and other internet-based services. This seminar will also examine key nations' domestic law, regulations, and policies governing international telecom services, wireless and satellite services, and spectrum management, including the cross-sectoral challenges arising in access to this scare resource. Specific focus is on the challenges that increased global access to content and new technologies present to established international regulatory approaches and the national regulators. Grading shall be based on the exam and student participation in class discussion throughout the semester; optional class presentations will also be taken into account.

Recommended: International Law I: Introduction to International Law (or the equivalent, International Law I).

Note: Students may not withdraw from this class after the add/drop period ends without the permission of the professor.

LAW 244 v01 International Trade

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

This course will examine the international trading system and focus primarily on the architecture and functioning of the World Trade Organization (WTO). It will explore the WTO's interaction with regional trade regimes, like the North American Free Trade Agreement (NAFTA), and analyze relevant U.S. constitutional and statutory provisions concerning international trade. We will consider the theoretical foundations of the international trade regime, its current institutional and legal design, and its political and social implications. We will also address the debates on globalization and free trade concerning how the WTO can help improve (or not) economic development in poor countries.

Mutually Excluded Courses: Students may not receive credit for both this course and International Trade and the WTO or International Trade Law or World Trade Organization: Law, Policy and Dispute Settlement; or the graduate course, International Trade Law and Regulation.

LAW 691 v00 International Trade and Health

LL.M Seminar (cross-listed) | 2 credit hours

The objective of this 2 credit seminar is to introduce students to the relationship between international laws governing trade and efforts to protect and promote human health. The course will focus on the impact of the law of the World Trade Organization (WTO) on domestic health measures as well as on international efforts carried out under the auspices of the World Health Organization. Students will learn, and be asked to think critically about, how the international trade regime affects national regulation in the interests of human health.

The course will address the following subject matter:

  1. Introduction to 'trade and health': issues and underlying theories.
  2. The prohibitions and exceptions of the General Agreement on Tariffs and Trade in a health context.
  3. Risk regulation, the precautionary principle and sanitary measures (such as import safety measures).
  4. International standards and technical barriers to trade, such as labeling measures.
  5. Trade in health services, health worker migration and the General Agreement on Trade in Services.
  6. Access to essential medicines under the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs) and TRIPs plus agreements.
  7. The fragmentation of international law: cross-fertilization between international trade law and global health law.
  8. Policy coherence, legitimacy and participatory governance at the WTO.

Note: A student will be permitted to drop a course that meets for the first time after the add/drop period, without a transcript notation, if a student submits a written request to the Office of the Registrar prior to the start of the second class meeting. Withdrawals are permitted up until the last class for this specific course.

LAW 673 v01 International Trade and Investment Litigation and Strategy

LL.M Seminar (cross-listed) | 2 credit hours

This course will teach students the practical aspects involved in litigation of international trade and investment disputes. Its goal is to prepare students entering either private practice or government service to handle complex litigation in those fields. The course will provide a comparative analysis of the dispute settlement mechanism of the World Trade Organization (WTO) and Investor-State arbitration. While it will focus on procedural issues and case management, the first sessions will provide an overview of the legal framework of the multilateral trading system and investment treaty law. It will identify and analyze each phase of the proceedings of WTO disputes (under the Dispute Settlement Understanding) and of investor-State arbitrations (mainly under the arbitration rules of the International Centre for Settlement of Investment Disputes and Chapter Eleven of the North American Free Trade Agreement). Some of the topics that will be covered include: pre-trial preparation, formal initiation of a dispute, constitution of panels and tribunals, discretionary procedural issues, evidentiary issues, jurisdictional and other preliminary objections, written pleadings, conduct of hearings, use of witnesses and experts, awards and rulings, recourses, implementation and enforcement, and in general case management. The analysis and discussions in class will be based on treaty text, jurisprudence and the practical, hands-on experience of the professors. Guest-speakers – including practitioners, government officials, or staff from relevant international organizations – will be invited to a few sessions. Students will be expected to participate in class discussions and in simulations.

Recommended: Basic courses in public international law and international trade.

LAW 583 v00 International Trade and the WTO

J.D. Course | 3 credit hours

This course analyzes governmental regulation of private international economic activity. Principal emphasis is placed on the economics of international trade and on the Agreements Establishing the World Trade Organization and the efforts of the U.S. to implement those agreements.

Mutually Excluded Courses: Students may not receive credit for both this course and International Trade or World Trade Organization: Law, Policy and Dispute Settlement.

Note: Priority for enrollment is given to students enrolled in the Global Law Scholars or the WTO certificate program.

LAW 244 v02 International Trade Law

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

In 1995, the World Trade Organization (WTO) was established as a result of the Uruguay Round Trade Negotiations (1986-94). The international trade rules that came into force as a result provide the legal framework for much of international economic relations. This legal framework is analyzed in this course, focusing on the impact of trade agreements, especially the Uruguay Round Agreements, in national legal systems, particularly that of the United States. The course is focused on public international trade law, that is, the trade rules applicable between countries, rather than private international law or commercial contracts between private economic operators, and how that public international law came into being and has been interpreted and applied. The course examines the WTO as an institution and as the base system of rules governing international trade. It will examine in some detail each of the key legal principles and how they operate at both the national and international level, dealing with subjects such as tariffs and tariff negotiations, quotas, most favored nation clauses, regional trading blocs and preferential trade agreements (such as NAFTA, TPP, TTIP, and others), national treatment clauses and exceptions for environmental and other policies, safeguards and adjustment assistance, dumping, anti-dumping duties, export subsidies, countervailing duties, international rules on patents and copyrights, trade in services (such as banking and tourism), technical barriers to trade, rules on plant and food safety, and other topics. The WTO, with its proven and sophisticated dispute settlement system, now has extensive jurisprudence in most of the areas of law covered by the WTO Agreements. This course will also explore this jurisprudence, the public international law behind it, and implications of it for national governments as well as private actors.


The goal of the course is to give a rounded and in depth understanding of the international trade law system and of the interplay between national and international rules as they affect government actions that influence private international transactions.

Mutually Excluded Courses: Students may not receive credit for both this course and International Economic Law or International Law II or International Trade and the WTO or International Trade Law or World Trade Organization: Law, Policy and Dispute Settlement; or the graduate course, International Trade Law and Regulation.

LAW 244 v03 International Trade Law

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

Economic interdependence between countries and across production chains continues to grow. In this context, stable rules on international trade and investment are key. This course focuses on the rules established under the World Trade Organization (WTO) as well as selected regional trade agreements. What are the benefits and risks of trade liberalization? How can trade liberalization go hand in hand with other public policy goals such as protecting the environment and human rights or promoting the economic development of poor countries? The course will offer an in-depth, practical knowledge of substantive WTO law drawing heavily on case law. It will address the basic principles of trade in goods and trade in services as well as more specialized WTO agreements on, for example, health measures, subsidies and intellectual property rights. From a more procedural side, the course will pay close attention to the unique WTO mechanism for the settlement of trade disputes, with special reference to recent trade tensions with emerging countries like Brazil, China and India.

Prerequisite: There are no prerequisites for this course. Priority for enrollment is given to students enrolled in the Global Law Scholars program.

Mutually Excluded Courses: Students may not receive credit for both this course and International Trade and the WTO or International Trade Law or World Trade Organization: Law, Policy and Dispute Settlement; or the graduate course, International Trade Law and Regulation.

Note: This course will be taught by Visiting Professor Pauwelyn, who is based in Geneva. In Fall 2015, he will be in Washington to teach on-site in the weeks of September 1-17 and October 13-30. There will be 3 class sessions taught via video conference: Thursday, October 1 (10:00 a.m. -12:00 p.m.), Thursday, November 5 (10:00 a.m. -12:00 p.m.), and Thursday, November 12 (10:00 a.m. -12:00 p.m.).

Note: Withdrawals are permitted up until the last class for this specific course.

LAW 244 v05 International Trade Law

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

Economic interdependence between countries and across production chains has grown exponentially. Yet, today, economic globalization is under attack. In this context, existing rules on international trade, and negotiating fora to potentially change those rules, are key. This course focuses on the rules and institutions established under the World Trade Organization (WTO) as well as selected regional trade agreements. What are the benefits and risks of trade liberalization from legal, economic and political perspectives? How can trade liberalization go hand in hand with pursuing public policy goals such as protecting the environment or labour standards ("non-trade concerns"), job creation or promoting the economic development of poor countries? The course will offer an in-depth, practical knowledge of substantive WTO law drawing heavily on case law from dispute settlement practice. It will address the basic principles of trade in goods and trade in services as well as more specific WTO agreements on, for example, health measures, subsidies, trade remedies and intellectual property rights. The course will also focus on the unique WTO mechanism for the settlement of trade disputes, and especially on how it balances trade liberalization with non-trade concerns as well as how it copes with increasing trade tensions between OECD countries and emerging economies like Brazil, China, India and Russia.

Mutually Excluded Courses: Students may not receive credit for both this course and International Trade and the WTO or World Trade Organization: Law, Policy and Dispute Settlement; or the graduate course, International Trade Law and Regulation.

Note: There are no prerequisites for this course. 

This course will meet 3 times per week in the weeks of August 27 - Sept. 14 and Oct. 15- Nov. 2. In addition, there will be three classes taught remotely on Oct. 11, Nov. 8 and Nov. 15. 

LAW 966 v01 International Trade Law & Regulation

LL.M Seminar (cross-listed) | 2-3 credit hours

Examines U.S. trade laws and regulations and World Trade Organization agreements affecting international trade, and the relationship of the General Agreement on Tariffs and Trade 1994 and other international agreements to U.S. law and practice. Considers, in detail, the U.S. antidumping, countervailing duty, escape clause (Section 201) laws and regulations and the WTO agreements that establish multinational standards applicable to the use of those remedies. Examines the WTO agreements on services, intellectual property, and technical barriers to trade. Examines the statutory remedies, particularly Section 301, that are available to address foreign restrictions on U.S. exports of goods, capital, services, and intellectual property. Evaluates the role of Congress, the U.S. Trade Representative, and other U.S. agencies in setting trade policy and overseeing administration of the trade laws. Analyzes the WTO procedures for dispute resolution and key WTO panel and Appellate Body decisions. Reviews free trade agreements, including the North America Free Trade Agreement and the recent Trans-Pacific Partnership, as well as bilateral investment treaties. The course includes a weekly discussion of current events affecting international trade law and regulation.

Mutually Excluded Courses: Students may not receive credit for both this course and the J.D. course, International Trade or World Trade Organization: Law, Policy and Dispute Settlement.

Note: The 3-credit section of this course meets the "Category 1" requirement for the WTO certificate program.
The two-credit class requires a final exam; the three-credit class requires a paper. J.D. students must register for the 3 credit section of the seminar if they wish to write a paper fulfilling the Upperclass Legal Writing Requirement for JD students. The paper requirements of the 2 credit section will not fulfill the Upperclass Legal Writing Requirement for JD students.

LAW 1413 v00 International Trade Liberalization: NAFTA, TPP and Other Regional Trade Agreements

J.D. Seminar (cross-listed) | 2 credit hours

This two unit seminar will address a broad range of legal and policy issues relating to regional trade agreements (customs unions and free trade areas), particularly the NAFTA and Trans-Pacific Partnership (TPP), but also others such as MERCOSUR and the ASEAN FTA. With the Doha Round of multilateral trade negotiations now defunct, the most important trade liberalization today is taking place through RTAs (sometimes called “preferential trade agreements”), which now number about 600 with dozens more under negotiation. Increasingly, international lawyers, economists and government officials must be familiar with regional trade agreement rules, such as those in NAFTA, as well as those emanating from the WTO in Geneva.

Course requirements include a term paper and participation in a mock investment arbitration.


The book for LAWJ 1413-08 and LAWG 1413-08 (International Trade Liberalization) is:


David A. Gantz, Regional Trade Agreements: Law, Policy and Practice (Carolina Academic Press, 2009), ISBN 978-0-521-53274-7

Prerequisite: Note: There are no prerequisites but a prior course in public international law, international trade law or international business transactions will be helpful.

LAW 898 v01 International Trade Remedies and the WTO

LL.M Seminar (cross-listed) | 2 credit hours

This class is an intensive workshop designed to use case studies of U.S. agency decisions and related WTO jurisprudence to: 1) develop students’ substantive understanding of trade remedy law; and 2) introduce students to the policy and procedural aspects of the various phases of trade remedy disputes in the U.S. and at the international level. The class will include an examination of U.S. law and WTO agreements on antidumping measures, subsidies and countervailing measures, and safeguards. Particular attention will be focused on developing strong oral and written advocacy and presentation skills through issue spotting exercises/mock agency hearings and the final writing assignment.

Prerequisite: International Trade (3 credits), OR International Trade and the WTO, OR International Law II, OR International Economic Law, OR International Trade Law & Regulation OR World Trade Organization: Law, Policy and Dispute Settlement.

Mutually Excluded Courses: Students may not receive credit for both this course and the course WTO: Dumping, Subsidies and Safeguards.

LAW 959 v00 International Trade, Development & the Common Good

LL.M Seminar (cross-listed) | 2 credit hours

The seminar will explore the relationship between international trade and development policy and practice, both currently and historically. In particular, the seminar will critically investigate the link between trade and development that goes beyond a purely economic understanding and reaches questions of broad-based poverty alleviation, human rights, food security, environmental protections and even security and democratic reforms within and between nations. New, innovative approaches in the field, such as global value chains, impact investing, social entrepreneurship, spatial development and demand-driven policy reform will be introduced and discussed throughout the seminar. The purpose of the seminar’s exploration is to equip seminar members with the tools to integrate trade law and policy into a broader perspective on development (and vice versa) than that presented by economic analysis and current practice, in the hope of combining an understanding of the global trading system with expectations of its role in sustainable economic development.

The seminar will take place in three phases. In Phase I the seminar will explore the relationship between trade and development and how it relates to a common good. Phase II will explore several specific areas related to trade and development that are pertinent to the current debate. In Phase III, seminar members will apply the understanding gained in Parts I and II–in conjunction with their own research–in analyzing the relationship between trade and development in specific, concrete situations. This will include a brief presentation by each seminar member, as part of a larger panel, before the seminar. This phase will lay the groundwork for the final paper.

The required and recommended readings extend well beyond traditional analysis of trade agreements and negotiations into law, economics, history and politics in an effort to raise not just technical questions about trade practice and law but to focus as well on the equitable political economy considerations inherent in the operation of the current system. Seminar members are encouraged to bring to the discussion resources and points of view beyond those recommended. In the third part of the course, seminar members will be offered the opportunity of engaging in a current topic concerning trade and development. At different stages throughout the seminar, leading scholars, practitioners and policymakers in the wider Washington, D.C. community may be included in the discussions.

LAW 708 v00 International Trade, Intellectual Property Rights, & Public Health

LL.M Seminar (cross-listed) | 2 credit hours

This course will cover the interface between the intellectual property rights, international trade and public health, focusing in particular on the WTO TRIPS Agreement and subsequent agreements. It will provide an introduction to the law and economics relating to this subject, and cover the provisions of the TRIPS Agreement relevant to public health, including disputes settled in the WTO, such as the India mailbox and the Canada regulatory exception cases. It will examine the background, content and implications of the Doha Declaration on the TRIPS Agreement and Public Health and of the subsequent decisions at the WTO implementing compulsory licenses for exports. It will also discuss the relevance of bilateral or regional free trade area agreements to the subject.

The course would study relevant national/regional implementing legislation, for example on compulsory licenses, and discuss use of the WTO export compulsory license provisions, namely the Rwanda-Canada case. Students will be asked to participate in class presentations and/or group exercises on the topics covered, for example on a hypothetical case study of exports, taking up the role of advisors based in either the importing country or the exporting country.

Finally, the course will also cover recent work on trade, intellectual property and public health in other intergovernmental organizations, in particular in the World Health Organization.

Recommended: Coursework in International Trade, Intellectual Property Rights, or Public Health.

Note: ATTENDANCE IS MANDATORY AT ALL CLASS SESSIONS. All enrolled and waitlisted students must be in attendance at the start of the first class session in order to be eligible for a seat in the class and must attend each class session in its entirety.

A student will be permitted to drop a course that meets for the first time after the add/drop period, without a transcript notation, if a student submits a written request to the Office of the Registrar prior to the start of the second class meeting. Students may not withdraw from this class after the start of the second class session without the permission of the professor.

LAW 880 v00 International White Collar Crime

LL.M Seminar | 2 credit hours

This course examines key issues arising from the criminalization of transnational business conduct and attempts to enforce national laws extraterritorially, as well as how to counsel clients to comply with inconsistent or conflicting legal regimes. Topics covered will include: bribery of foreign officials, crime on the internet, economic embargoes and export and reexport controls, securities fraud, money laundering, and price-fixing. Attention will be paid to foreign governmental opposition to U.S. assertions of jurisdiction via "blocking" statutes, secrecy laws, and use of local court injunctions, as well as to mechanisms for resolving jurisdictional conflicts, including international agreements for notification, consultation, mutual legal assistance, "positive comity," and exchanges of confidential information among enforcement authorities. The course will also focus extensively on compliance and ethics issues and on techniques for dealing with government law enforcement agencies.

Recommended: International Law I: Introduction to International Law (or the equivalent of International Law I, which is a 3 credit course in public international law).

Mutually Excluded Courses: Students may not receive credit for both this course and International Economic Crime and Corruption.

Note: Please note, the two sections of this course have different requirements. Please be sure to register for CRN 13649 if you wish to elect the section with a final exam and CRN 24229 if you wish to elect the section requiring a paper. The cutoff date to select either an exam or paper requirement is Tuesday, September 4, 2018.

LAW 456 v01 International Women’s Human Rights Seminar

LL.M Seminar (cross-listed) | 3 credit hours

This seminar will explore select international women’s human rights issues and the applicable international legal framework, including the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW.) Guest lecturers with practical expertise in advancing women’s human rights may be invited to join us throughout the semester. Each student will write a paper addressing a significant international women’s human rights issue from a legal perspective, exploring state responsibility under the government’s international human rights obligations, as well as domestic and international responses to the problem.

LAW 2036 v00 Introduction to Contracts

LL.M Course | 3 credit hours

This course will introduce students to a substantive area of American law: contracts. This course exposes students to the major themes in contract law. Specifically, we will cover contract formation, breach of contract, and contract remedies. Focusing exclusively on the common law, this class will familiarize students with the basic concepts of offer, acceptance, consideration, performance, breach, remedies, and third party issues.

Learning objectives:

To understand the fundamental principles of the law of contracts.

Note: This course is only open to foreign-educated LL.M. students (i.e., those students who do not have a U.S. J.D. degree).

LAW 3012 v00 Introduction to Federal Income Tax, Research & Writing

LL.M Course | 2 credit hours

This course will be divided into two parts. The first half of the course will be devoted to learning about sources of information used in tax research, i.e., primary and secondary research sources, including the application of available internet links dealing with tax issues. The students will learn about information generated by both primary and secondary sources regarding tax legislation, administration and interpretation and secondary sources available to explain and assist tax researchers understanding tax issues. There will be an examination at the end of the first half of the course testing the students’ knowledge of these available sources and the tax research process. In the second half of the course, students will apply their research skills in preparing one written product. It will either require an objective analysis of tax issue(s) or deal with preparing an opinion letter or other similar written product regarding tax issue(s).

Note: DISTANCE STUDENTS REGISTER FOR CRN#: 35238.

This online-only course is limited to MSL Taxation students, and required for the MSL in Taxation degree. STUDENTS WILL BE REQUIRED TO ATTEND LIVE VIA ZOOM VIDEOCONFERENCING AT THE SPECIFIED MEETING TIMES.

LAW 2047 v00 Introduction to International Commercial Arbitration

LL.M Seminar (cross-listed) | 3 credit hours

This course will introduce the basic concepts of international commercial arbitration from both a theoretical and practical perspective. It will provide a general overview of the subject, and subsequently focus on issues including the agreement to arbitrate, the constitution and duties of the arbitral tribunal, the conduct of the proceedings and the arbitral award. The course will refer to the ICC Rules of Arbitration in discussing many of the practical aspects of these issues.

Mutually Excluded Courses: Students may not receive credit for both this course and International Commercial Arbitration (LAWG-882 or LAWJ-882) or the J.D. seminar, International Commercial Arbitration Seminar (CTLS course).

Note: Please note, the date for the final class session will be announced at the start of the semester.

LAW 1283 v00 Introduction to Military and Veterans Law, 1636-Present

J.D. Seminar (cross-listed) | 2 credit hours

This 13-week, 2-credit elective is intended to ground the student in the history and tradition of a separate military and veterans law for members of the armed forces. Each session will contain specific legal concepts relevant to the subject matter. The student may expect to have a broad appreciation for the importance of a separate law and procedure for the armed forces and veterans, and how to analyze issues. The final grade will include class participation, and a final, take home, open book, examination.

Note: Students may not withdraw from this class after the add/drop period ends without the permission of the professor.

LAW 384 v01 Introduction to the Capital Markets and Financing of Income-Producing Property

J.D. Course (cross-listed) | 1 credit hour

This mini-course is about money and finance - the basics of pricing and lending; and how people use other peoples’ money and sometimes their own money to make (or lose) money in the capital markets. Special attention will be given to commercial real estate lending and commercial mortgage-backed securitization, how Wall Street generates its profits from the process and the factors which caused the economic turmoil in the capital markets from 2008 to 2011 and slow recovery from the Great Recession. We will discuss economic return, how it is determined, how it is shared by the participants, and how it drives fundamental legal structures and interests. This mini-course will also cover basic concepts of cash flow, leverage, and tax sheltering of income. It will introduce the economics of asset-based financing, including loan-to-value ratios, interest rates, amortization and residual value and how they are incorporated in the business and legal structures. It will cover leasing of personal property as a financing technique and the legal structure of securitized finance, in which loans are pooled and interests in the pools are sold as securities. Emphasis will be given to structuring public and private funding of real estate. This mini-course will be a survey of complex financing techniques and will not emphasize math, but rather practical understandings and concepts involving the business and legal framework for financing income-producing property in the capital markets.

Mutually Excluded Courses: Students may not receive credit for both this course and Finance of Real and Personal Property.

Note: This course meets on seven Mondays in the first half of the Spring 2017 semester on the following days: 1/23, 1/30, 2/6, 2/13, 2/23 (Thursday), 2/27, and 3/6. Withdrawals are permitted up until the last class for this specific course.

LAW 2029 v01 Introduction to Torts

LL.M Course | 2 credit hours

This course will introduce students to the American law of torts. It will focus first on negligence, and explore five major areas: duty, breach of duty, scope of liability, affirmative defenses and damages. It will then use product liability law as an example of the imposition of strict tort liability.

Note: This course is only open to foreign-trained LL.M. students (i.e., those students who do not have a U.S. J.D. degree).

LAW 2029 v00 Introduction to Torts (Two-Year Program)

LL.M Course | 3 credit hours

This course will introduce students to the American law of torts. It will focus first on negligence, and explore five major areas: duty, breach of duty, scope of liability, affirmative defenses and damages. It will then use product liability law as an example of the imposition of strict tort liability.

Note: This course is only open to foreign-trained LL.M. students (i.e. those students who do not have a U.S. J.D. degree).

LAW 3030 v00 Introduction to U.S. Civil Procedure

LL.M Course | 2-3 credit hours

This course covers the major topics that arise in litigating civil cases in the courts of the United States. Following an introduction to the structure and jurisdiction of the federal and state courts, the reading will cover litigation in the federal courts using the federal rules (pleadings, motions practice, discovery, appeals, etc.), territorial limitations on jurisdiction of the state and federal courts, problems of mixed claims and choice of law, and repetitious litigation. Some attention is given to distinctive state rules as well as interaction with foreign law. The course consistently considers the methods of finding U.S. law so students can update these dynamic issues through research and self-study in the future.

Mutually Excluded Courses: Students may not receive credit for both this course and the J.D. course, Civil Procedure.

Note: Note: This course is only open to foreign-educated LL.M. students (i.e., those students who do not have a U.S. J.D. degree).

LAW 730 v00 Introduction to U.S. Constitutional Law

LL.M Course | 2-3 credit hours

This course provides an overview of the major constitutional cases over the last 200 years. The first half of the course focuses on how the Constitution affects the fundamental structure of American government. Particular attention will be paid to the critical balances of power between the Federal and state governments (federalism) and among the three branches of the Federal government. The rest of the course will focus on individual rights, with particular emphasis on individual rights in the areas of equal protection, and substantive due process.

Note: This course is only open to foreign-educated LL.M. students (i.e., those students who do not have a U.S. J.D. degree).

For the fall section, FIRST CLASS ATTENDANCE IS MANDATORY. All enrolled and waitlisted students must be in attendance at the start of the first class session in order to be eligible for a seat in the class.

LAW 730 v02 Introduction to U.S. Constitutional Law

LL.M Seminar | 2 credit hours

"The Constitutional text is the catalyst for our construction of a wider complex of vocabularies and rhetorics through which we carry on our political battles,” asserts U.S. legal scholar Robert Weisberg. Our course will probe this claim by tracing the historical development of American constitutional law within a broader political and cultural milieu. We will begin by discussing the origins of the Constitution, its text, and contemporary theories of constitutional interpretation. We will subsequently focus on how the Constitution fundamentally structures American government and how constitutional interpretation determines the scope of individual rights. As we analyze these topics, you will be encouraged to conceptualize U.S. constitutional law within a global frame and to critically evaluate the text that has been deemed a “secular revelation.” 

Your course grade will be based primarily on the caliber of a 20-25 page research paper delving into one or more of the subjects that we discuss. To facilitate the paper composition process, you must concurrently enroll in Advanced Scholarly Writing (CRN: 26057). Just as our doctrinal seminar will acclimate you to the conventions for construing the U.S. Constitution, judicial opinions, and other legal authorities, ASW will familiarize you with the conventions underlying U.S. legal academic writing. These complementary classes will thus refine your skills in legal analysis, research, and communication more generally.

Note:

All students enrolled in this section of Introduction to U.S. Constitutional Law are required to also register for Advanced Scholarly Writing (CRN: 26057, Thursdays from 11:10 a.m. – 1:10 p.m., beginning September 13).

This course is only open to foreign-educated LL.M. students (i.e., those students who do not have a U.S. J.D. degree). Enrollment is capped at 16 students.

First class attendance on Tuesday, August 28 is mandatory. All enrolled and waitlisted students must be in attendance at the start of the first class session in order to be eligible for a seat in the class.

LAW 730 v01 Introduction to U.S. Constitutional Law (Two-Year Program)

LL.M Course | 2 credit hours

This course surveys landmark constitutional cases in their social and cultural context. The first half of the course focuses on how the U.S. Constitution affects the fundamental structure of American government. The second half of the course will focus on individual rights, with particular emphasis on equal protection and substantive due process.  Emphasis will be placed on the distinguishing features of common law method, and students will use close reading techniques to identify the defining discourse characteristics of the U.S. judicial opinion.

Note: This class is restricted to students in the first year of the Two-Year LL.M. with Certificate in Legal English. This course is graded on an honors-pass-fail basis. Students who enroll in this course may not also enroll in the course Introduction to U.S. Constitutional Law.

LAW 978 v00 Introduction to U.S. Legal Systems

LL.M Course | 2 credit hours

This course introduces students to the institutions, methods, and practices at the core of the American common-law legal system. During the first half of the course we will focus on the Judicial Branch of the Government. We will examine the structure and boundaries of judicial power; the procedural mechanisms through which that power is exercised; and the ways in which common-law courts make (or decline to make) law. We will pay close attention to the political and social contexts in which the cases that we study arise, and we will consider how changing contexts affect the judicial decision-making process. During the second half of the course, we will turn our attention to the Legislative Branch of the Government, with special attention to problems of statutory construction. We will examine the tools—both legal and linguistic—that common-law courts employ when called upon to determine the proper interpretation of a statute.

Mutually Excluded Courses: Students may not receive credit for both this course and Foundations of American Law.

Note: This course is graded honors-pass-fail and is only open to foreign-educated LL.M. students (i.e., those students who do not have a U.S. J.D. degree).

LAW 2055 v00 Investment Treaty Arbitration, Public International Law, and Landmark Judgments of the ICJ

LL.M Seminar | 2 credit hours

This seminar will lay out the basic principles of international investment treaty arbitration by analyzing and studying the underlying principles of public international law as well as landmark decisions of the Permanent Court of International Justice and the International Court of Justice (ICJ) that influence Investor-State arbitration. The curriculum and calendar of the seminar will follow the procedural structure of a proceeding at the International Centre for Settlement of Investment Disputes (ICSID) — i.e., first covering registration of a request for arbitration under articles 25 and 36 of the ICSID Convention, then discussing preliminary objections under Rule 41(5) of the ICSID Rules of Arbitration, provisional measures, objections to jurisdiction, merits, and ending with quantum.

The objective of the seminar is to provide students interested in investment treaty arbitration and/or public international law with a solid understanding of the principles and judgments of the ICJ and other relevant public international law instruments, including the International Law Commission’s 2001 Articles on State Responsibility, which together form the basis for the rules and principles that guide investment treaty arbitration.

Recommended: International Law I: Introduction to International Law (or the equivalent International Law I); Litigation Practice in International Arbitration; or Investor-State Dispute Settlement.

LAW 676 v00 Investor-State Dispute Resolution Seminar

LL.M Seminar | 3 credit hours

The subject of investor-state disputes and their resolution lies at the cutting edge of international law, and is a major factor in the development of the global economic system in years to come. Study of this form of arbitration provides insight into the evolving shape of customary international law, the conflict between capital-importing and capital-exporting states, and the status of individuals in the international legal order. This seminar will provide students with a firm grounding in the history, present practice, and future implications of arbitration between foreign investors and host states, sanctioned by multilateral and bilateral investment treaties. Topics that will be covered in this course are the history of the treatment of aliens and investments under international law; an overview of the most important international treaties that give investors a right to arbitration of claims; the most important elements of procedure that characterize investor-state arbitration, including tribunal composition, jurisdiction, evidence, award and challenge or annulment; substantive law of investment arbitration, the standards that apply when a tribunal determines whether a breach of the treaty has occurred; and the future development of investor-state arbitration including the challenges of globalization and other stresses, the clash of capital-importing and capital-exporting countries, environmental protection and free trade, restrictions on state sovereignty, the construction of an international investment jurisprudence, the limits on arbitrability, and the expansion of multilateral investment protections worldwide. Active participation in discussion of the course materials is required.

Prerequisite: International Law I.

Recommended: International Commercial Arbitration

Note: For the Spring section: FIRST CLASS ATTENDANCE IS MANDATORY. All enrolled and waitlisted students must be in attendance at the start of the first class session in order to be eligible for a seat in the class. STUDENTS MAY NOT WITHDRAW FROM THIS CLASS AFTER THE ADD-DROP PERIOD ENDS WITHOUT THE PERMISSION OF THE PROFESSOR.

This course requires a paper. J.D. Students: this will fulfill the J.D. Upperclass Legal Writing Requirement.

LAW 949 v00 Islamic Finance Law

LL.M Seminar (cross-listed) | 2 credit hours

This course will explore contemporary Islamic finance from a transactional vantage and with particular emphasis on structuring financial transactions and products. Islamic finance will be examined both as an application of Islamic religious law and ethics (shari’ah) and as an effort to create and operate a shari’ah-compliant economic system without interest payments and receipts and based upon a compliant risk-reward paradigm that maintains expected returns for the transactional parties. We will examine some of the core principles of the shari’ah and the methodology by which shari’ah compliance is determined (Shari’ah Supervisory Boards and the issuance of rulings (fatawa)). As a base, we will examine certain principles and precepts of shari’ah and the classical contractual and legal forms that have been approved as being shari’ah-compliant. Our paradigm will be the study of recent Islamic finance transactions in different financial categories and markets. As examples, we will consider, among other structures:

(a) lease (ijara) structures in real estate acquisition financings, construction and development financings and private equity transactions;

(b) commissioned construction and manufacture concepts (istisna’a) in real estate construction and development transactions and project financings;

(c) murabaha (sale at markup) arrangements pertaining to trade finance and working capital facilities;

(d) partnership (musharaqah) arrangements in acquisition financings, construction and development financings and project financing as well as more conventional joint venture arrangements;

(e) arboon (sale with downpayment) structures as they pertain to hedge fund activities, particularly short sales and options trading;

(f) rahn (pledge and mortgage) and adl (trusted person) concepts as they apply to project financings and collateral security structures;

(g) Islamic bond and securitization (sukuk) structures used in project finance, municipal finance, corporate finance and the capital markets; and

(h) international investment fund structures used for Islamic finance, including associated tax considerations.

In light of market realities, we will also consider conventional Western equivalents to certain shari’ah-compliant financial structures.

LAW 414 v01 Israel/Palestine Conflict: Legal Issues Seminar

J.D. Seminar (cross-listed) | 3 credit hours

In this class we will examine a wide variety of legal issues raised in the various stages of conflict in Israel/Palestine. These will be evenly divided between issues arising inside Israel proper and issues arising with respect to the Occupied Territories. For each issue, there will be some background readings and then presentation of opposing legal positions, often with a U.S. case to give a comparative perspective. Issues covered will involve Israeli civil and constitutional law and international law; areas will include local government, land, water, education, and taxation, as well as more familiar issues around the legality of the occupation and its military framework. Two classes will be devoted to the legal analysis of violent resistance and terrorism.

LAW 063 v00 Issues in Disarmament: Proliferation and Terrorism Seminar

J.D. Seminar (cross-listed) | 3 credit hours

This seminar 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 seminar, 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. The seminar 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 evaluation of relevant ethical considerations surrounding possession and use. The bulk of the seminar 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. The seminar 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. Each student will prepare a substantial original research paper and participate in small exercises designed to provide some simulated experience in characteristic legal tasks, such as drafting, analyzing, briefing, etc.

Mutually Excluded Courses: Students may not receive credit for this seminar and the LL.M. seminar, Pro-Seminar in National Security Law.

LAW 254 v02 Japan/US Comparative Legal Study

LL.M Seminar (cross-listed) | 1 credit hour

This course provides a comparison of aspects of the Japanese and US legal systems with the objectives of (a) providing some insight into the Japanese system, (b) demonstrating how legal concepts taken from an established legal system are "reinterpreted" when imported into a different legal system based on a different culture and history and (c) providing a basic understanding of selected Japanese legal topics. Among the substantive law areas which will be compared (after a survey of historical and societal foundations which affect the Japanese and US legal systems) are various aspects of Constitutional Law including Separation of Powers, the Legal System and the Japanese Constitutional provision Renouncing War; the differing views of dispute resolution including Litigation, mediation and other Alternative Dispute Resolution devises and their role in the legal systems of Japan and the US; discussion of the New (1998) Code of Civil Procedure and its potential effects on the future of litigation in Japan; the changing environment of the study and practice of law in Japan, including the 2001 recommendations of the Council on Judicial Reform; Equality and concepts of equal treatment opportunity; Criminal Law and Administrative Law.

Note: WEEK ONE COURSE. This seminar will meet for one week only on the following days: Monday, January 8, 2018 through Friday, January 12, 2018, 6:00 p.m. - 8:35 p.m.

This course is mandatory pass/fail and will not count toward the 7 credit pass/fail limit for J.D. students.

Attendance at all class sessions is mandatory and all enrolled students must attend the first class in order to remain enrolled. Students on the wait list must attend the first class in order to be admitted off the wait list. Enrolled students will have until the beginning of the second class session to request a drop by contacting the Office of the Registrar. Once the second class session begins, students may only seek a withdrawal by contacting their academic advisor in the Office of Graduate Programs. Withdrawals are permitted up until the last class for this specific course.

LAW 1473 v00 Judicial Review and the Administrative State

J.D. Seminar (cross-listed) | 3 credit hours

This seminar will examine the origins, development, and present state of administrative law doctrines that are central to administrative law practice. It will focus on doctrines that require judges to defer to agency interpretations of statutes; that require judges to defer to agency interpretations of regulations; and that guide judicial inquiry into whether agency action is arbitrary and capricious under the APA. Students will read the decisions that gave rise to these doctrines, trace their impact, and consider important scholarly criticisms and defenses of these doctrines.

Grades will be based on class participation, weekly written responses to class readings, and a substantial paper. Class readings will be drawn from a reading packet for the seminar consisting of case decisions, scholarly articles, and excerpts from notable books by administrative law scholars.

The first goal of the course is for students to develop a firm understanding of key administrative law doctrines—how they work, how they were constructed, and why they constructed, as well as important critiques and defenses of them.

The second goal of the course is for students to learn to think, speak, and write critically, fluently, and insightfully about administrative law doctrines and the role of the courts in constructing them. Preparing a substantial research paper for the course will enable them to grasp the “why” behind an important administrative-law doctrine, as well as assess its impact and merits, and develop their skills in legal research and writing.

Prerequisite: Administrative Law or Government Processes or Legislation and Regulation.

LAW 1106 v02 Judicial Review of Military Justice Proceedings: Current Issues and Constitutional Perspectives

J.D. Seminar (cross-listed) | 1 credit hour

This seminar will address the relationship between courts-martial and civilian judicial proceedings, focusing on the allocation of responsibilities in the military justice system to commanders, judges, and lawyers. Specific topics will include the contemporary debates regarding sexual misconduct and combat-related offenses. The assigned readings will utilize materials available on the internet, including judicial decisions, legislative and regulatory materials, and law review articles. The seminar paper will take the form of a draft judicial opinion based upon topics covered in the course. The seminar is designed for students interested in national security, judicial review, and the constitutional allocation of legislative, executive, and judicial powers.

Learning Objectives:

  • Identify the key features of military legal practice, the distinctions between military and civilian jurisprudence, and the primary factors considered by Article III courts in reviewing cases arising in the military justice system.
  • Assess the impact of congressional legislation and oversight, as well as the role of the President in the military justice system.
  • Enhance research skills through analysis of briefs and source materials.
  • Enhance writing skills by preparing a judicial opinion.

Recommended: Constitutional Law I and either Criminal Justice (or Democracy and Coercion) or Criminal Procedure.

Note: This course is mandatory pass/fail and will not count toward the 7 credit pass/fail limit for J.D. students.

Attendance at all class sessions is mandatory and all enrolled students must attend the first class in order to remain enrolled. Students on the wait list must attend the first class in order to be admitted off the wait list. Enrolled students will have until the beginning of the second class session to request a drop by contacting the Office of the Registrar. Once the second class session begins, students may only seek a withdrawal by contacting an academic advisor in the Office of JD Academic Services. Withdrawals are permitted up until the last class for this specific course.

LAW 1334 v00 Justice and Accountability for International Atrocity Crimes: Bridging Theory and Practice Seminar

J.D. Seminar (cross-listed) | 3 credit hours

This seminar examines both progress and ongoing challenges in seeking meaningful justice and accountability for serious international crimes, including crimes against humanity, genocide, and war crimes. We’ll begin with an overview of the challenges of effective atrocity prevention and an examination of fundamental developments over the last few decades establishing international and hybrid criminal tribunals and other mechanisms of transitional justice, including truth and reconciliation commissions. Building on this foundation, and drawing upon legal scholarship, social science research, and country case studies, we will then explore a range of responses to key justice challenges recurring in a number of countries emerging from conflict. These challenges include: (1) the often complicated relationship between peace processes and justice initiatives; (2) the question of whose justice goals are being pursued and how national, regional, and international stakeholders interact in such efforts; and (3) the complexities of building enduring justice on the ground through meaningful domestic rule of law reform, outreach, cultural engagement, and other means. Students will write a substantial seminar paper within the subject matter scope of the seminar.

LAW 272 v00 Land Use Law

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

This course explores the variety of ways in which the law attempts to resolve conflicts among land uses, as well as plan and regulate the impacts of different land use patterns. Topics will include common law; state, regional, and local planning; zoning; environmental controls; growth management; historic preservation; restrictions relating to residential development; and constitutional limits on land use regulation. Particular emphasis will be placed upon analysis of the political and economic context of land use law.

LAW 460 v00 Latin American Law Seminar

J.D. Seminar (cross-listed) | 3 credit hours

The objective of the Latin American Law Seminar is to provide a broad survey of the Latin American legal environment for J.D. and LL.M. candidates who do not have a civil law background. The course offers an overview of the civil law tradition, the main aspects of European civil law at the time of the independence of the new Latin American nations, Latin American sources of law, codification, constitutional law issues, and civil and criminal procedure. The course also examines the Latin American judiciary and judicial review; the application of international law by domestic courts; and transitional justice. Finally, the seminar presents a comparative perspective of the Latin American and U.S. legal education, licensing, and cultures.

This seminar will benefit students seeking to work in different organizations related to Latin America, such as law firms, companies doing business in Latin America, international institutions, U.S. government agencies, non-governmental organizations; academia, and consulting firms.

Reading assignments are made available to students in electronic and paper formats. They may vary at the professor’s discretion subject to prior notice to students. Suggested readings are included after the mandatory readings for each session. The assigned materials include a selection of statutes, cases, scholarly articles, and legal reports relevant to each of the issues discussed. No textbook is required for this course.

Note: ATTENDANCE IS MANDATORY AT ALL CLASS SESSIONS. All enrolled and waitlisted students must be in attendance at the start of the first class session in order to be eligible for a seat in the class and must attend each class session in its entirety.

For students enrolled in the 2 credit section, knowledge of languages other than English is not required. Students enrolled in the WR section must have an adequate knowledge of Spanish or Portuguese in order to read and understand the legal materials in those languages. Students in the WR section will be required to make extensive use of foreign legal resources online. THE WR SECTION WILL BE ENROLLED BY PROFESSOR PERMISSION. Interested students should submit their resume, contact information, and a statement explaining their Spanish or Portuguese language skills to Professor Figueroa at drfigue@gmail.com by Friday, July 17, 2015, at 5:00 p.m.

Students must register for the 3 credit section of the seminar if they wish to write a paper fulfilling the Upperclass Legal Writing Requirement. The paper requirements of the 2 credit section will not fulfill the Upperclass Legal Writing Requirement.

Students may not withdraw from this class after the add/drop period ends without the permission of the professor.

LAW 1400 v00 Law and Business of Television

J.D. Seminar (cross-listed) | 2 credit hours

An in-depth study of television industry legal concepts, contracts, business structures and economic models, focusing on the role of the attorney in the development and production of television programs; the relationships among attorneys, agents and entertainment executives that govern television; the legal issues innate in the of development and production of television programs; and topics involving the distribution of television product in ancillary markets (such as digital media and the role of so-called “backend” profit accounting). Class will focus both on academic and theoretical underpinnings of legal and business concepts as well as practical practitioner/clinical points-of-view (including negotiations).

Recommended: Entertainment Law is recommended, but not required.

LAW 276 v01 Law and Economics Workshop

J.D. Seminar | 2-3 credit hours

The Law and Economics Workshop is a research workshop. In a majority of the class sessions, outside speakers (typically faculty members from other institutions) will present their current work in the field of law and economics. The specific topics considered will vary depending on the interests of the speakers, but the general focus will be the application of economic concepts and tools to legal and regulatory issues. Other class sessions will focus on selected basic topics in law and economics, including methodology commonly used in law and economics scholarship. Students are responsible for preparing brief weekly memoranda that discuss and question the presented papers.

Note: Students must register for the 3 credit section of the course if they wish to write a paper fulfilling the Upperclass Legal Writing Requirement. The requirements of the 2 credit section will not fulfill the Upperclass Legal Writing Requirement.

LAW 852 v00 Law and Foreign Investment in China

LL.M Course (cross-listed) | 2 credit hours

The course will examine the major Chinese laws that apply to foreign invested projects in China and related cross-border transactions. We will begin with an overview of China's policy priorities for foreign investment and the foreign investment approval process, focusing on the sources of law and regulation relevant when planning entry into the China Market. We will then consider the options for structuring a foreign investment in light of the Sino-foreign Equity Joint Venture Law, the Cooperative Joint Venture Law, the Law of Wholly Foreign-owned Enterprises, and the amended Company Law. We will also study the requirements for foreign acquisitions of existing Chinese enterprises under China's M & A rules. The preparation of the project application report or feasibility study is also a key part of the foreign investment approval process, involving a number of important laws and regulations. We will study how China's environmental laws, rules and regulations on foreign exchange, financing and security, land use laws and labor laws must also be considered when forming a venture in China. Foreign investment projects in China typically involve cross-border arrangements that are crucial to the foreign investor's goals, especially technology licensing and trademark licensing. In this context, we will study the PRC contract law, and the challenges encountered in the protection of intellectual property. Finally, we will look at the issues involved in exiting an investment in China, whether by disposal or termination, and dispute resolution. We will work primarily with English translations of PRC law, with some secondary sources. No knowledge of Chinese language is required.

Recommended: Students should have prior or concurrent coursework in International Business Law. Examples of such courses would include: International Economic Law, International Law II, International Business Transactions, Global Commerce and Litigation, etc.

LAW 2071 v00 Law and Functioning of International Organizations

LL.M Course (cross-listed) | 2 credit hours

Multilateral diplomacy and the international organizations that support much of it have come to play a pervasive role in international relations particularly since the end of World War II. These international organizations serve as instruments of consultation, co-operation and standard setting in almost every sphere of public policy and governmental activity. This may involve broad concerns such the maintenance or restoration of international peace and security, promotion of economic development and stability, advancement of human rights, protection of health, protection of the environment, and the facilitation of trade and investment. Or they may address more specific tasks such as settlement of disputes, codification and progressive development of international law, civil aviation and maritime safety and security, protection of intellectual property, understanding world weather, internet governance, management of the geo-stationary orbit, police cooperation, education and biotechnology. They vary greatly in nature, mission, powers, structure and size. There are inevitable conflicts and frictions in their functioning.

It will examine a number of aspects common to the universe of public, i.e., intergovernmental, international organizations: their legal nature; their need, as the collective instruments of their member states, to remain independent of the individual control of these states, including control through the exercise of some normal state jurisdiction; their immunities and counter-balancing obligations to co-operate; their special body of labor law, including the duties and ethics of the international civil service and the use of international administrative tribunals to adjudicate their employment disputes. The course will examine a sampling of international organizations: how they are governed and financed, how they go about fulfilling their functions, the powers and instruments they use to advance agreed policies, some examples of their output including the development of soft law and hard law instruments and the increasing involvement of civil society in monitoring and influencing their actions. It will also consider the crucial advisory and operational roles lawyers play in a typical international organization, whether as members of the secretariat or of member state delegations.

Students will have the option of preparing a paper that they may elect, after grading, to include in the calculation of their final course grade.

Recommended: Prior enrollment in Public International Law or International Law I.

LAW 289 v04 Law and Humanities Seminar

J.D. Seminar (cross-listed) | 3 credit hours

This seminar will explore connections between legal practice, legal studies, and the humanities. We will examine various works of canonical literature that are in some way concerned with jurisprudential themes, such as Aeschylus's classic drama The Oresteia, Melville's novellas Billy Budd, Sailor and Bartleby the Scrivener, John Barth's novel The Floating Opera, Glaspell's short story Jury of Her Peers, and Toni Morrison's Beloved (these readings may be revised later before the spring 2013 semester begins). We will then look at the emerging discipline of Law and Culture, focusing on scholarship pertaining to legal films, the causal relations between popular culture and legal norms, and the nature of legal culture itself. Third, we will examine various theories of interpretation, as they pertain to the meaning of legal, literary and cultural texts. Lastly, we will examine some modern calls to re-invigorate legal education by infusing it with insights and methods drawn from the study of the humanities.

Mutually Excluded Courses: Students may not receive credit for this and Law and Literature Seminar.

LAW 289 v02 Law and Literature Seminar

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

This seminar examines the contribution to our understanding of law made by the current "law and literature" movement in American law schools. The seminar will pursue three major themes. First, we will read several pieces of classical and modern literature that treat law as subject matter, including (subject to change) Remains of the Day, The Great Gatsby, Bartleby the Scrivener, Go Set a Watchman, Lets Be Free, Jury of Her Peers, and the films Doubt and To Kill a Mockingbird. Second, we will examine the theoretical claim of modern humanistic jurists and legal theorists that the interpretation of law and the interpretation of literature are common enterprises, significantly sharing common problems and potentialities. Finally, we will examine the role of narrative and story-telling in standard legal argument and in legal education.

Mutually Excluded Courses: Students may not receive credit for this seminar and Law and Humanities Seminar.

LAW 977 v00 Law and Measures Against International Terrorism

LL.M Seminar (cross-listed) | 2 credit hours

In the decade since the 9/11 attacks, the United States and most other countries have significantly altered ways in which they respond to international terrorism. Many government measures against terrorism have stretched domestic and international law to their limits. Controversial changes to laws have altered the balance between governments' interest in ensuring public safety and individuals' fundamental rights. The class will discuss current events from around the world to explore domestic and international legal bases for counter-terrorism measures such as intelligence gathering, criminal law enforcement, efforts to prevent terrorism financing, and use of military force. Students completing the course will have an overview of laws that apply to governments' responses to terrorism. The course will be graded by exam.

Recommended: Prior enrollment in International Law and/or International Humanitarian Law

LAW 1401 v00 Law and Philosophy Seminar: Crime, Punishment, Injustice

J.D. Seminar (cross-listed) | 3 credit hours

Criminal justice is in disarray, and in recent years crime and punishment have come under searching scrutiny. Specific issues include over-punishment, mass incarceration and its consequences in minority communities, the role of race, the morality of specific punishment practices (long-term solitary confinement, life without parole, adult punishments for juveniles, the death penalty). What are the alternatives to punishment? These raise old philosophical questions in new form: what is punishment for? What are the roles of deterrence, retribution, rehabilitation, and providing closure to crime victims? How should the law respond to genuine evil? These are not only U.S. controversies – there are similar controversies in debates over international criminal justice.


This is a colloquium-style seminar: most sessions will involve distinguished guest speakers presenting their own research. These will include both philosophers and legal scholars. The seminar is offered jointly to law students and graduate students in philosophy. It is a writing seminar that satisfies the WR requirement at the law school. Although most sessions will take place at the Law Center, some will be held on the main campus.

LAW 285 v00 Law and Policy of International Trade Seminar

J.D. Seminar (cross-listed) | 3 credit hours

In 1995, the World Trade Organization (WTO) was established as a result of the Uruguay Round Trade Negotiations (1986-94). The treaty rules that came into force provide a very complex legal framework for international economic relations.


This seminar explores selected important legal and "constitutional" subjects concerning international economic legal activity, mostly focusing on the World Trade Organization (WTO), with special attention to its powerful dispute settlement system (DSS). The goal of the seminar is to develop a fundamental understanding of the WTO DSS procedures and the extensive and intricate jurisprudence that has been developed during its nineteen year existence. Attention will be directed to how the WTO DSS principles and rules affect and influence the way diplomacy and policy making address major problems of international economic relations in the current globalized environment. Consideration will be given to the significance of bilateral and plurilateral agreements and their impact of the multilateral system, with appropriate attention to the agreements being negotiated in the Trans Pacific Partnership and the prospect of an EU-US TransAtlantic Trade and Investment Partnership (TTIP) Agreement.


The seminar is privileged to have distinguished co-teachers with extensive government and private sector experience. Various other invited experts will visit the seminar for discussion of these and other related problems.


Students are required to write a paper relevant to the materials discussed.

Recommended: This seminar is designed to attract students interested in developing proficiency in this subject matter and therefore there is no prerequisite. However, students will benefit from a basic understanding of international trade and the WTO, either through a course or independent study.

Note: THIS COURSE REQUIRES PROFESSOR PERMISSION TO ENROLL. Interested students should email Professor Christopher Parlin at parlinc@law.georgetown.edu. Please use the subject line, "REQUEST FOR PERMISSION TO ENROLL: Law and Policy of International Trade" in your email. The deadline for applications is 5:00 p.m. on July 17, 2015. For JD students, a strong preference is given to 3Ls, 4Es, and 3Es.

LAW 199 v03 Law and Regulation of Drugs, Biologics and Devices

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

This course explores the legal, regulatory and policy issues that shape the research, development, and commercialization of drugs and biologics in the United States and Europe, with a particular emphasis on public policy issues. We will consider: the role of Federal, State and international regulation; regulatory and ethical issues in the development and testing of new therapies; managing incentives for innovation, including patent, regulatory and data exclusivity; tort liability and its function in the regulation of the pharmaceutical industry; pricing and payment systems and controls; and evolving medical technologies.

Recommended: Prior or concurrent enrollment in Administrative Law.

Note: This is a required course for the Food and Drug Law Certificate.

LAW 2010 v01 Law and Regulation of Global Health Technologies

LL.M Seminar (cross-listed) | 2 credit hours

Technological advances in diagnostics and therapeutics have the potential to revolutionize health care and improve the lives of millions of people. However, many of these technologies remain out of reach to those who need them, particularly the poor in low- and middle-income countries.

With increased investment and global attention over the last decade, there has been tremendous progress in building a pipeline of candidate medical technologies to meet the health needs of the world’s poorest people. This course will explore the legal, regulatory and policy issues that are shaping the research, development, and delivery of those drugs, vaccines, and diagnostics. Part I of the course will provide an overview of the burden of neglected diseases in low- and middle-income countries and the new institutions and initiatives that have arisen to address that burden. Part II will examine the incentives for global health innovation, including intellectual property management, regulatory and tax incentives, and prizes and advance market commitments. Part III will consider the role of national and international regulation, international clinical trials and the globalization of research, and World Health Organization’s policy processes for ensuring drug and vaccine safety and recommending their use. Part IV of the course will explore the legal, regulatory and policy issues that arise in the delivery and use of global health technologies, particularly supply chain contracting, drug resistance, and post-market surveillance in low- and middle-income countries.

LAW 1470 v00 Law and Rhetoric Seminar

J.D. Seminar (cross-listed) | 2-3 credit hours

This seminar will explore in depth how lawyers and judges use language to persuade. Relying on classical and modern rhetorical theory, we will examine a variety of persuasive methods, including categories, metaphor, storytelling, the traditional modes of appeal (logos, pathos, and ethos), and informal logic. We will also study several examples of rhetorical analysis, and students will write an original rhetorical analysis of a law-related argument of their choice. This course requires that J.D. students’ papers satisfy the Law Center’s Writing Requirement. Graduate students may enroll in the course for 2 credits and will write a shorter paper. All students will present their paper to the class at the end of the semester.

Prerequisite: Legal Practice: Writing and Analysis.

Note: Professor permission is not required. FIRST CLASS ATTENDANCE IS MANDATORY. All enrolled and waitlisted students must be in attendance at the first and second class sessions in order to be eligible for a seat in the class.

LAW 1388 v00 Law and Social Change Seminar

J.D. Seminar (cross-listed) | 2 credit hours

This course will explore the contemporary strategies used by movements seeking law and social change. An early wave of critique in the analysis of law and social change centered on the distinction between rule change and culture change, and stressed the shortcomings of litigation and reliance on courts in bringing about deep or lasting change. Today, most legal rights organizations have significantly modified the litigation-centric model to adopt a strategy more consistent with multi-dimensional advocacy, an approach to social change that self-consciously uses multiple strategies for change, including litigation, legislation, administrative and policy advocacy, as well as communications research, at national, state and local levels.  

This class will analyze the role of law in achieving social movement goals. Topics will include both practice-grounded and more abstract questions. In the former category, the class will study the advantages and disadvantages of different institutional venues, choice of clients, the role of electoral work and the dynamics of insider/outsider tactics, how framing decisions are made and with what consequences, the role of electoral work and direct action, the impact of communications research and public education work, and the process of anticipating and responding to limitations of working within the law.

The class will meet as a once-a-week seminar. Several of the class sessions will bring in guest speakers who are experienced in lawyering for social change in a variety of movements. Students working in teams will take responsibility for structuring and leading an informal interview style discussion with the guest speaker(s), drawing out their reflections on the history, directions, challenges and strategic turning points in a movement with which they are or have been affiliated.

In addition to interviewing one guest speaker, each student will write a paper of approximately 5,000 words in length analyzing how a particular legal campaign has used and/or is using some of the strategies discussed in class and with what results. Papers should

  • Situate the legal campaign in the broader legal/political landscape in which it is engaged;
  • Describe the strategic and tactical choices being undertaken and the results; and
  • Analyze how its experiences illustrate or refute (or both) arguments in the theoretical or social science literature.

Students may select a campaign for either progressive or conservative change, or will be assigned to a particular movement.

Final grades will be based on class participation, including interaction with guest speakers, and the paper. (The paper for this course will not satisfy the UCWR.)

Students should leave the course with a much more nuanced understanding of what is involved in working as a lawyer toward “making the world a better place.” They will learn how some challenges recur across issues; how social movements affect law as well as the other way around; and how to bring theoretically informed critical thinking to practice.

LAW 1188 v00 Law in a New Media World

J.D. Seminar (cross-listed) | 2 credit hours

In today’s world of 24-7 news cycles, cell-phone cameras, blogs, and social media, the race to publish provocative, cutting-edge content has lead to high-profile instances where legal lines have been crossed to get a story, picture, or video. This seminar explores the fundamentals of defamation law, invasion of privacy, and liability for torts and crimes committed in the course of newsgathering activities — and how First Amendment principles have evolved to address these issues in the modern age of electronic media. Through lectures, class discussions, and written assignments, students will not only gain a broad understanding of the substantive law — but also understand the important policy implications for the public, reporters, and the subjects of their stories. The seminar will also feature interactive classroom exercises in which students will research, present, and advocate opposite sides of current issues taken directly from the headlines in real-world media cases, including media shield laws, anti-SLAPP statutes, public vs. private figures, group libel, fact vs. opinion, prior restraints on publication, media liability for torts and crimes committed by third parties, and the liability of Internet Service Providers (ISPs) and administrators of interactive online websites. Practical aspects of representing clients in media matters, including jurisdiction and choice-of-law issues, are also examined.

Prerequisite: Constitutional Law I or Democracy and Coercion.

LAW 3031 v00 Law in the Gray Zone: The Legal Challenges of Hybrid Conflict

LL.M Seminar (cross-listed) | 1 credit hour

State and non-State actors are increasingly pursuing political and economic objectives through the use of aggressive, ambiguous, and integrated multiple elements of power. This strategy, which exceeds the threshold of normal national competition but falls below the level of armed conflict, has been referred to as hybrid, unconventional, asymmetric, and ambiguous warfare. This competition in the gray zone between peace and armed conflict presents significant legal challenges to States responding to these threats.


This course will examine the legal challenges presented by this conflict in the gray zone. We will examine issues in legal classification of threats and how State and non-State actors employ these strategies to exploit perceived gaps in international and domestic law. Additionally, we will discuss how these actors may also use the law when pursuing their objectives in the gray zone.


Some of the specific topics to be discussed include:


- What is hybrid warfare? Case study, actors, definitions.

- Issues in legal classification of threats, including use of force and armed attack (the Article 2(4)- Article 51 "gap"), determining whether an armed conflict exists and, if so whether it is an international or non-international armed conflict.

- State responses to activities in the gray zone.

- State responsibility for surrogates/proxies.

- Information warfare, psychological operations, and the role of cyber.

- Sovereignty and intervention.

- Economic measures.

- Support to domestic organizations such as civil society and political groups.

Recommended: Prior or concurrent enrollment in International Law, Law of War, Foreign Relations Law

Note: A student will be permitted to drop a course that meets for the first time after the add/drop period, without a transcript notation, if a student submits a written request to the Office of the Registrar prior to the start of the second class meeting. Withdrawals are permitted up until the last class for this specific course.

LAW 267 v04 Law of Cyberspace

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

This course examines legal and policy issues arising from the Internet, with an emphasis on three broad areas: (1) the impact of the Internet on traditional legal causes of action; (2) government regulation of the Internet; (3) international aspects of the Internet and the interplay among United States and foreign jurisdictions.

Specific areas that will be examined within this framework include: constitutional issues raised by cyberspace speech and content; privacy issues; torts occurring in cyberspace; contract and other issues related to cyberspace commerce; and the protection of intellectual property in cyberspace.

Course readings rely primarily on cases, pleadings, statutes, and regulations. However, short articles and commentaries will also be used for background and supplementary information. There are no prerequisites for the course, and a computer background is not necessary.

LAW 1297 v00 Law of Military Technologies

J.D. Seminar (cross-listed) | 2 credit hours

In recent years, policymakers and civil society actors have often demanded that legal standards “catch up” with the realities new military technologies generate. Advances in targeting, for example, have seemed to erode the doctrines that had aimed to regulate 20th century warfare.

What are the underlying assumptions of such calls to update the law? What can the history of the regulation of war teach us about them? And how are they employed in contemporary debates such as those about drones, cyber-attacks, and “autonomous weapons”? Rather than simply requiring adjustments in doctrine, military technologies challenge us to rethink the ethical foundations of the legal regulation of war, as well as its social and political purposes.

This seminar will examine the interactions between law and military technologies through an interdisciplinary perspective. We will spend time thinking not only about law and politics, but also about the scientific and economic forces that are intertwined with both technological innovation and combat.

Paper required.

Note: J.D. students must register for the 3 credit section of the seminar if they wish to write a paper fulfilling the J.D. Upperclass Legal Writing Requirement. The requirements of the 2 credit section will not fulfill the J.D. Upperclass Legal Writing Requirement.

LAW 1296 v00 Law of Religion

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

This course will examine the way in which U.S. law-principally the Establishment and Free Exercise Clauses of the First Amendment-treats religious belief, religious exercise, and religious institutions. We will spend part of the semester examining the Supreme Court's treatment of the Religion Clauses. We will also address current questions and controversies, including issues such as: defining "religion" for purposes of constitutional law; governmental burdens on, and discrimination against, religious exercise; state aid for religious activities and to religious organizations, including pursuant to school voucher and "charitable choice" programs; the role of religion in public education and in the public square; the constitutionality of statutory exemptions for religiously motivated conduct; and religious institutions' claims to legal autonomy.

LAW 1289 v00 Law of Robots

J.D. Seminar (cross-listed) | 2 credit hours

Robots, artificial intelligence, and autonomous systems have long been the realm of science fiction, but they are increasingly a part of contemporary life as well. Computers fly airplanes, play Jeopardy, drive cars, trade stocks, and fight in wars. Autonomous systems are no longer a thing of the future, but a fact of modern life, and Moore’s Law suggests that these changes will increase not incrementally, but exponentially. This course will examine whether or when we need a Law of Robots to regulate these autonomous agents, or where it is more appropriate to reason by analogy and regulate these systems by existing statute, regulation, or common law. The course will examine emerging issues across the spectrum of tort law, property law, copyright law, the laws of war, laws of agency, criminal law, and international law. The class will not be a survey of existing law, but instead an examination of how to regulate emerging issues in law – how to extrapolate and reason by analogy, in robotics and beyond. Paper required.

Recommended: Property (or Property in Time), Torts (or Bargain, Exchange and Liability), Copyright Law, and Criminal Law.

LAW 936 v03 Law of War

J.D. Course (cross-listed) | 2 credit hours

This survey course covers the law of armed conflict and customary international law as applied on today’s battlefields. Is there really law in combat? When does the law of war apply? Does it apply to non-State actors? What is a war crime, and who decides? How is proportionality determined? What is the difference between a combatant, a terrorist, and a criminal? Is torture ever lawful? Is targeted killing lawful? What constitutes a cyber attack? What is the jurisdiction of military commissions and why is that a difficult question for Guantánamo? Can a superior’s order constitute a defense to war crime charges? Is indefinite detention lawful? Can the U.S. ever lawfully kill a U.S. citizen in a foreign state with which we are not at war? Such questions are the subject of the course. It is not a philosophy course, nor is it national security law, nor human rights law, although those topics are inextricably related. Our focus is on the law applicable in today’s non-international armed conflict battlefields. Military experience is not required to do well in this course.

Recommended: Completion of International Law I prior to enrollment in this course.

Mutually Excluded Courses: Students may not receive credit for both this course and the Law of War Seminar or War Crimes and Prosecutions.

LAW 936 v01 Law of War Seminar

J.D. Seminar (cross-listed) | 2 credit hours

This seminar surveys the law of armed conflict and customary international law as applied on today’s battlefields. Is there really law in combat? What constitutes a “battlefield”? When does the law of war apply? Does it apply to non-State actors? What is a war crime, and who decides? Was Nagasaki a war crime? How is proportionality determined? What is the difference between a combatant, a terrorist, and a criminal? Is torture ever lawful? Is targeted killing lawful and how do we know? What constitutes a cyber attack? What is the jurisdiction of military commissions and why is that a difficult question for Guantanamo? Are superior orders a defense to war crime charges? Can a superior’s order constitute a defense to war crime charges? Is indefinite detention lawful? Such questions are the subject of the seminar.

It is not a philosophy course, nor is it national security law, nor human rights law, although those topics are inextricably related. Our focus is on the law applicable in today’s non-international armed conflicts, and military experience is not required to do well in this course.

Strongly Recommended: Completion of International Law I prior to enrollment in this seminar.

Mutually Excluded Courses: Students may not receive credit for both this seminar and the International Law of Armed Conflict Seminar or War Crimes and Prosecutions.

LAW 936 v02 Law of War Seminar

LL.M Seminar (cross-listed) | 2 credit hours

Surveys the law of armed conflict (LOAC) and customary international law as applied by the United States in warfare. From where does LOAC arise? What is a war crime – and who decides? What is “unnecessary suffering,” and what drives that legal determination? When does LOAC apply and what role do other rules of law, such as domestic U.S. law and International Human Rights Law play in regulating the conduct of armed conflict? Does it cover non-state actors? What are U.S. LOAC obligations, and how are they enforced? How does one distinguish illegal combatants from prisoners of war? Where do military commissions come from, and who may be tried by them? Could the atomic bombing of Nagasaki have been a war crime? Can a superior’s order constitute a defense to war crime charges? What is the U.S. position in regard to laser weapons? Land mines? Non-lethal weapons? Torture? Rendition? Reprisals? The assassination of enemy commanders? What is an illegal order, and what should a soldier do if she receives one? How may battlefield war crimes be prosecuted? Our inquiry will focus on the law applicable to the conduct of U.S. military operations in past and current conflicts, whether or not they be declared, whether they be internal or international. Although primarily focused on the law of land warfare, the law of air and naval warfare, as well as space and information warfare, will be considered.

Learning objectives:

To gain a firm understanding of the law of armed conflict and to consider, through discussion of practical exercise from the textbook, how the law is applied in an operational context.

Mutually Excluded Courses: Students may not receive credit for both this seminar and Law of War, the International Law of Armed Conflict Seminar or War Crimes and Prosecutions.

LAW 915 v00 Law, Healthy Lifestyles, and Business Regulation

LL.M Seminar (cross-listed) | 1 credit hour

This course is about legal responses to tobacco use, obesity, poor diet, harmful use of alcohol and sedentary lifestyle – the leading causes of preventable disease in the United States, in high-income countries generally, and increasingly, in developing economies. Cancer, heart disease, stroke, diabetes and tobacco-related diseases (known as “non-communicable diseases” or NCDs) are society’s greatest killers, but what can law do – and what should it be doing – to prevent and control them?

Unlike other global health threats, NCDs and their risk factors are partly caused by patterns of consumer choices and transactions lived out every day across the country. The challenge of creating healthier lifestyles cannot be separated from the regulation of those businesses that all too frequently have a vested interest in unhealthy lifestyles.

Although the law’s relationship with the lifestyle-related risk factors for NCDs is complex and contested, governments around the world are experimenting with a wide range of legal strategies to prevent their impact and to create healthier societies. This course places U.S. developments in an international context, and offers frequent comparisons with legal strategies for encouraging healthier lifestyles in Australia and other countries.

During the course, we will confront some important over-arching questions. What are the global determinants of NCDs, and to what extent are global solutions needed? What do global solutions look like? To what extent should law intervene to influence the behavior of populations – as distinct from treating lifestyle-related risk factors as the personal responsibility of each individual? Does a regulatory approach to the prevention of NCDs imply coercion? Does it signal the emergence of the “nanny state”? Does progress necessarily depend on motivating people to consciously improve their habits and lifestyles? Is it possible to regulate business without micro-managing or dictating commercial decisions and “mandating the recipe for tomato ketchup?”

The overall aim of this course is to give students the conceptual skills to think powerfully about law’s role in the prevention of NCDs, to contextualize emerging developments and to participate effectively in debates about appropriate, workable, legal interventions.

Note: WEEK ONE COURSE. This seminar will meet for one week only on the following days: Monday, January 7, 2018 through Friday, January 11, 2018, 9:00 a.m. - 11:35 a.m.

This course is mandatory pass/fail and will not count toward the 7 credit pass/fail limit for J.D. students.

Attendance at all class sessions is mandatory and all enrolled students must attend the first class in order to remain enrolled. Students on the wait list must attend the first class in order to be admitted off the wait list. Enrolled students will have until the beginning of the second class session to request a drop by contacting the Office of the Registrar. Once the second class session begins, students may only seek a withdrawal by contacting their academic advisor in the Office of Graduate Programs. Withdrawals are permitted up until the last class for this specific course.

LAW 701 v00 Law, Politics, and Policy in WTO & US Trade Law

LL.M Course (cross-listed) | 2 credit hours

International trade rules and practice reflect a complex mix of law, politics and policies. This course will examine the major topics covered by World Trade Organization rules (and some looming future issues) from all three perspectives. This is a fast-changing field. Approximately 25-30 pages are assigned per week from international trade agreements; scholarly journals; government records; newspaper articles; websites and blogs. Interactive exercises draw from international trade agreements; national legislation; and national and international tribunals. Among the invited guest speakers may be U.S. and other government trade officials, business people, and scholars.

Recommended: International Trade; International Trade Law and Regulation; International Trade and the WTO; or World Trade Organization: Law, Policy and Dispute Settlement.

LAW 721 v00 Law, Society, and Culture

LL.M Seminar | 2 credit hours

Note: This class is restricted to students enrolled in the Two-Year (Extended) LL.M. with Certificate in Legal English for Foreign-Trained Lawyers.

LAW 987 v00 LAWA Graduate Seminar

LL.M Seminar | 2 credit hours

This seminar, for graduate fellows in the Leadership and Advocacy for Women in Africa (LAWA) Program, provides students with the opportunity to enhance their legal research and writing skills in connection with a major research paper to be finalized in the spring semester. Each student focuses on a specific women's human rights issue within that student's country of origin, analyzes the domestic legal framework in light of international human rights standards, and proposes recommendations for both legal and other types of remedies using international and regional human rights mechanisms. The students begin with a topic, and from there develop a topic statement, a thesis, a thesis statement, a skeletal and detailed outline and an introduction to their paper. Students undertake intensive research into their theses, and also develop a bibliography. This class lays the groundwork for students to write a major legal research paper during the spring semester.

Note: Enrollment in this course is limited to LAWA Fellows.

LAW 2060 v00 LAWA Graduate Seminar II

LL.M Seminar | 3 credit hours

Students will produce a substantive paper comprising not less than 40 pages, addressing a current violation of African women’s human rights, and including innovative and practical solutions targeted to the various branches of government, civil society, and individual women. Students will develop their theses in consideration of the social, religious, cultural and economic conditions of the country or countries addressed. The first half of the course will examine comparative women’s human rights on the specific topics selected by the students during LAWA Seminar I. The second half of the course will be dedicated to the oral presentation of research papers and discussion of these paper topics, including preparation for presentations before both USAID and Congressional staff. This course is open only to Fellows in the Leadership and Advocacy for Women in Africa Program.

Note: Enrollment in this course is limited to LAWA Fellows.

LAW 297 v00 Lawmaking and Statutory Interpretation Seminar

J.D. Seminar (cross-listed) | 1-3 credit hours

This yearlong seminar examines problems of statutory interpretation from the viewpoint of the practicing lawyer when multiple actors with different roles participate in the development or interpretation of the same statutory language in our unique federal legal system. Students consider new issues for lawyers raised by the operation of the competitive global, technological economy in our increasingly complex legal system, anchored in separation of powers. Unlike most of the world’s governmental systems, decisions by all three branches often are necessary in the United States to achieve legal clarity and closure. In this seminar, we read cases that assist the class in analyzing the gulf between writing and interpreting legislation, the byproduct of our system that often results in controversial federal judicial decisions. We search for ways that legislators, courts, agencies and practicing lawyers can avoid the miscommunication that retards and delays compliance and enforcement of laws and results in often needless and costly litigation.

During the first semester, students discuss readings from various sources, including cases that illustrate the practical and institutional problems lawyers face. Students begin the major seminar project, a final seminar paper, with research and work with the professor on an annotated outline to be produced at the end of the first semester. During the second semester, each student engages in the rigor of writing a first draft for a major final paper on any subject of the student’s choosing, sometimes of publishable quality. The paper draws upon one or more seminar concepts developed during the year.

The problem of obtaining legal clarity, at the center of the seminar, is familiar to lawyers and all involved in any aspect of our legal system. Consequently, students often choose paper subjects that involve lively current legal issues. For example, students have submitted papers, appropriately incorporating seminar concepts, on current subjects as disparate as Proposition 8 and same sex marriage in California and the failure of textualist interpretation of statutes to communicate judicial guidance to Congress concerning executive authority to try and detain enemy combatants at Guantanamo. This seminar approaches issues in ways that often are only now being confronted by our system. Today, legal clarity and closure are particularly necessary in a technological and global economy demanding immediate answers from the American legal system. This system, however, has changed little since the 18th century except to grow more complicated and time consuming. Most of the democratic governments of the world are organized with less complexity, are less dependent on court decisions, and are able to respond more rapidly than our separation of powers government. The assumption of the seminar is that lawyers, who are major actors in every part of our system, will inevitably encounter these dilemmas and are particularly well equipped to help resolve them, considering that many of the problems that are generated will need resolution in court or with legal assistance. The underlying issues emerge from seminar concepts well known in the law that students discuss as central to the papers they have chosen to write. The seminar is conducted as a group of peers would operate in a law firm, business, faculty, or other workplace setting. Working with the professor, students bring fresh eyes to raise or ask questions after their classmates give oral presentations on their outlines and first drafts of the final paper. Class participation is therefore important to one of the missions of the seminar: to accustom students to participating and receiving critiques in peer sessions and improving a work product accordingly.

Mutually Excluded Courses: Students may not receive credit for both this seminar and Legislation. Students MAY receive credit for this seminar and the first year elective or upperlevel course, Lawmaking: Introduction to Statutory and Regulatory Interpretation.

Note: Students should attend class the first week in the fall and spring to obtain class meeting schedule. Class meets alternate weeks.

LAW 1269 v00 Law’s Stories: Narrative, Rhetoric and the Legal Case Seminar

J.D. Seminar (cross-listed) | 2 credit hours

The seminar will focus on acts of interpretation and storytelling in legal decisions, comparing and contrasting them with literary understandings of similar issues. How are stories created to explain “the facts of the case”? How are stories retold in appellate decisions? How do legal opinions go about creating their persuasive effects? Rhetoric, as the art of communication and persuasion, and narrative will be major topics. Discussion will include: courts as readers; conditions of storytelling in the law (eg, confessions, victim impact statements); narratives of constitutional interpretation; character and identity in the law and in literature. The idea throughout is to cross-cut between the legal and the literary, in order to see how they may illuminate one another. Students will be expected to give class presentations, participate in class discussions, and to submit a final essay of around 18 pages.

LAW 028 v01 Leadership and Team Skills for Lawyers

J.D. Seminar (cross-listed) | 1 credit hour

Lawyers are often expected or asked to assume leadership roles in business, politics, law firms or non-profit organizations. A lawyer’s education, training, and experience provides some of the basic skills for future leaders; however, many leadership and team skills are not taught in law schools and often are not acquired by practicing attorneys. Since work is often conducted in teams, both group and individual behavior is important to understand. This class is designed to provide students with an understanding of the principles of leadership, team effectiveness, and managing and motivating professionals. A portion of the class will be devoted to individual student evaluations regarding their own leadership and team abilities. These topics are aimed to increase law students’ effectiveness throughout their careers by 1) understanding organizational behavior and 2) building core interpersonal, management, leadership, and client relationship competencies.

The learning that occurs in the course will be highly dependent upon the contributions of each and every member. We will approach learning in several different ways, including lecture, interactive exercises, reflection, and an experiential simulation that will simulate decision-making and working in a law firm. Due to the interactive nature of the course, attendance is expected. Students will complete a personal journal designed to allow students to evaluate themselves in relationship to the class readings, simulation, group work, and discussions.

Note: ATTENDANCE AT ALL CLASS SESSIONS IS MANDATORY. Enrolled and waitlisted students must attend the first class session in order to remain enrolled or to be eligible to be enrolled off of the waitlist. Note: This seminar is mandatory pass/fail and will not count toward the 7 credit pass/fail limit.

Note: A student will be permitted to drop a course that meets for the first time after the add/drop period, without a transcript notation, if a student submits a written request to the Office of the Registrar prior to the start of the second class meeting. Withdrawals are permitted up until the last class for this specific course.

This course will be enrolled via waitlist.
 

LAW 1616 v00 Legal and Policy Aspects of Countering Terrorist Recruiting and Online Propaganda in the Digital Age Seminar

J.D. Seminar (cross-listed) | 2 credit hours

Rapidly evolving technological advances over the past decade have created powerful mechanisms to instantly and directly reach billions of information consumers around the world.  Although the latest information revolution has fostered tremendous progress by connecting people in every corner of the planet, it has also been accompanied by governmental and non-governmental efforts to spread propaganda, particularly through social media platforms.  This course will review the legal and policy aspects of addressing these challenges, focusing on the rise of terrorist recruiting and other organized online propaganda efforts. 

As governments intensify their extensive counterterrorism initiatives, terrorist recruiting continues to evolve and poses a more complex threat than perhaps at any time in history.  Terrorists no longer require in-person recruiting to spread their ideology and to inspire attacks in other countries. Domestic and international extremist groups have become more adept at using online platforms and other tools to “crowd source” their recruiting in a decentralized attempt to attract and inspire disaffected individuals by exploiting grievances and offering a sense of purpose, belonging, adventure, and obligation.  At the same time, governments and other organizations are themselves using social media platforms to reach audiences in their countries and around the world.  They have done so not only to increase public support for their political leaders, but also to attempt to impact public debates on major issues, influence policy formulation, and even to sow discord between groups domestically and abroad.  These propaganda efforts have raised questions about whether social media companies, governments, and international organizations should play a larger role in determining how such information is disseminated, and how they can implement solutions without undermining freedom of expression and other legal protections. 

​In addressing online propaganda, this course will focus on legal and policy challenges and strategies in three main areas: (1) assessing and countering methods to spread propaganda online, including terrorists’ efforts to recruit followers and to inspire attacks; (2) examining innovative NGO and private sector cooperation in developing counter-propaganda initiatives; and (3) utilizing existing law enforcement tools and crafting new governmental and non-governmental prevention and intervention programs to disengage, redirect, and rehabilitate those who are radicalized online. 

LAW 3002 v00 Legal and Regulatory Issues in International Oil & Gas and Extractive Industries

LL.M Course (cross-listed) | 2 credit hours

This course will survey the numerous legal and regulatory issues faced by oil and gas and other energy and extractive industries, corporations, investors and government regulators in light of four dominant trends - volatile adherence to rule of law around the world, global interdependence of finance markets, the emergence of disruptive technologies and increasing environmental and social concerns and initiatives. Players of these industries face long term capital investment decisions in ever more rapidly changing markets. Legal counsel for all parties involved play a substantial role in the evaluation and mitigation of risk and in resolution of disputes related to both existing and emerging risks. Participants in the course will gain an understanding of oil and gas, energy and extractives transaction models around the world, emerging issues related to new technologies, international political risk, disregard of rule of law, anticorruption and transparency, environmental concerns and the legal techniques utilized to mitigate such risks in areas such as contract drafting, joint venture strategies and regulatory compliance procedures. Topics will include a general explanation of the risk or opportunity and cases of specific transactions, development proposals or regulatory enforcement matters.

Participants in the course will gain an understanding of oil and gas, energy and extractives transaction models around the world, and of emerging challenges related to new technologies, international political risk, disregard of rule of law, anticorruption and transparency requirements, environmental, social and climate change concerns, and the legal techniques used to mitigate such risks in areas such as contract drafting, joint venture strategies and regulatory compliance procedures.

LAW 1484 v00 Legislation and Regulations: Law, Science, and Policy

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

This course will enable students to better understand the modern administrative state. Products, technologies, and services that may pose risks to health, safety, and the environment; as well as other technologies that hold promise for improving public health and clinical outcomes, must increasingly cope with a vast array of regulations promulgated by administrative agencies. Meanwhile, certain key businesses once viewed as ‘natural monopolies,’ such as segments of the energy, water, transportation, and other utility sectors, whose rates, terms and conditions were once entirely set by government agencies, are being partially ‘deregulated’ in some jurisdictions. Governmental regulatory power is fraught with controversy; some regard it as unnecessary, intrusive, unscientific, and “job-killing,” while to others, evidence-based regulations are indispensable to ensure that market imperfections are addressed and health and safety is protected.

Students will learn how legislation is drafted by Congress and interpreted by agencies and courts. In addition students will engage with legal, policy, institutional, and analytic considerations that inform the design, scope, stringency, transparency, and enforcement of regulations.

Major themes in the course will include: (1) the legislative process and how agencies and courts interpret statutes; (2) how the regulatory state is structured (issues of jurisdiction, delegation and pre-emption); (3) how agencies set their agendas, make rules, analyze costs and benefits, and involve experts and the public in the regulatory process; (4) how the Office of Management and Budget, Congress, and the courts exercise control over regulatory agencies; (5) how agencies enforce their regulatory mandates “on the ground”; and (6) how different regulatory designs attempt to balance the often-conflicting goals of efficiency, equity, simplicity, and flexibility.

Mutually Excluded Courses: Students may not receive credit for both this course and Lawmaking: Introduction to Statutory and Regulatory Interpretation, The Regulatory State, Legislation and Regulation, or Administrative Law with Professor Heinzerling (LAWJ-1349). Students may take other sections of Administrative Law in the upperclass curriculum.

LAW 3047 v00 LGBT Health Law and Policy

LL.M Seminar (cross-listed) | 2 credit hours

Despite significant progress in legal protections for—and the visibility of—LGBT people over the past decade, LGBT communities continue to face systemic obstacles to quality health care such as refusals of care, substandard care, and inequitable policies and practices in health care settings. These experiences of discrimination correlate with significant health disparities, including greater exposure to violence, higher rates of tobacco and other substance use, mental health concerns, HIV, and cancer. These disparities are even more pronounced for LGBT people who are also members of other groups that face discrimination because of race, ethnicity, or other aspects of identity—such as people of color and immigrants, among others.

In this seminar, students will learn about LGBT health law and policy issues from a variety of perspectives—including medicine, public health, women's studies, and U.S. foreign policy—and gain a better understanding of the social mistreatment and ostracism of LGBT people at both the individual and community level. Topics covered will include international human rights law, LGBT-inclusive data collection, clinical and cultural competency, and health issues facing LGBT youth and elders. This course will also examine the ways in which LGBT individuals and families are treated under federal, state, and international law and how these policies impact access to health care and contribute to health disparities.

LAW 885 v00 Litigation Practice in International Arbitration

LL.M Seminar (cross-listed) | 2 credit hours

This course blends mock litigation experiences with class discussion of techniques, strategy and ethics in international arbitration proceedings. Students directly participate in a series of practice problems based upon proceedings brought by a foreign investor against a State before the International Centre for the Settlement of Investment Disputes (ICSID), including role-playing as litigators and arbitrators. This course emphasizes advocacy in connection with jurisdictional disputes, selecting and challenging arbitrators, limits on the enforceability of awards and other litigation problems that arise in the globalized environment of international investment and arbitration. There will be a number of oral advocacy assignments throughout the semester. The course grade will be a function of those assignments and class participation.

Recommended: International Law I: Introduction to International Law

Note: Students participate in in-class exercises and are graded on those exercises and productive class participation.

LAW 106 v00 Litigation with the Federal Government

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

Taught by two Federal judges (who were former Justice Department litigators), this course surveys key aspects of civil litigation involving suits filed by and against the Federal government. The course begins with a review of the types of Federal courts that handle such cases and the constitutional principles underlying and, in some instances, dictating their organizational structures, with particular emphasis on specialized fora such as the U.S. Court of Federal Claims. The course will next consider the organizational structure, policies and inner workings of the U.S. Department of Justice, the Federal government’s key litigating agency. The focus will then turn to the principal statutes providing jurisdiction for various types of suits involving the Federal government, including contract, tax, and tort suits, with a particular emphasis on the multi-faceted Tucker Act. The course will then trace the general conduct of federal litigation from beginning to end, dedicating sessions to such topics as discovery against the government, settlement negotiations, the characteristics of the government as a moving party and a trial litigant, choice of law questions and the recovery of attorneys' fees.

Prerequisite: Civil Procedure (or Legal Process and Society).

LAW 909 v00 LL.M. Externship Seminar

LL.M Seminar | 2 credit hours

The LL.M. Academic Externship program offers LL.M. students the opportunity to gain perspective on the legal system by seeing law in action, and to gain a deeper understanding of the law by integrating theory with practice. Students are permitted to work with a government agency, judicial officers, an international organization or other non-profit organization.

LL.M. students must work a minimum of 10 hours a week for a minimum of 11 weeks. Each LL.M. student must have a lawyer-supervisor on-site who agrees to meet Georgetown Law criteria concerning the nature of the work assigned. All students are required to participate in an introductory seminar during the first week of the spring semester as well as a final class meeting during the last week of the semester. There are required weekly reports to the externship coordinator, and supervisors are required to provide feedback to the externship coordinator. At the conclusion of the externship, students must submit a written paper on their experience. This course is graded on a pass-fail basis. COST Scholars and S.J.D. students are not eligible to participate in the externship program.

For more information, please visit the LL.M. Externship website.

Note: THIS COURSE DOES NOT COUNT TOWARD THE SPECIALIZATION CREDIT REQUIREMENTS FOR EITHER THE LL.M. DEGREES OR THE LL.M. CERTIFICATE PROGRAMS. Students must obtain prior approval to participate in the LL.M. Externship program. Students cannot register for this course on their own; registration is handled by the Office of Graduate Programs after a student has secured an approved externship. Applications and placement for the externships are due by the end of the add/drop period to Molly Jackson in the Office of Graduate Programs. Students who wish to drop this course must obtain permission from Molly Jackson.

LAW 410 v04 Local Government Law

J.D. Course | 3 credit hours

This course surveys the legal environment, political values and policy debates that shape local government in the United States. After completing the course, students will be able to identify many of the key doctrinal principals, and analyze how they apply to the socio-economic context of federalism today. Some of the topics for discussion include: (1) the forms and powers of the various types of local governments (e.g. cities, counties, and special districts); (2) the allocation of power between states and their local governments and the role of local governments in the federal system; (3) the pivotal role of local government in the regulation of private land use; (4) local sources of revenue and limits on borrowing; (5) recent trends in blight, suburbanization, sprawl and redevelopment; and (6) inter-local cooperation and regional governments. The course also will challenge students to explore the tension between the historical movement toward greater local home rule and the modern favor for “smarter growth” and regional solutions. Finally, the course will enable students to exercise and develop skills of particular relevance to local decision-making: statutory interpretation, working effectively in groups, and understanding the dynamics and procedural context of local government proceedings.

Learning Objectives:

This course aspires to empower its students to:

  • Recognize and apply several core legal doctrines that enable and constrain the existence of various local government entities.
  • Describe how several prominent strains of American political theory have guided the historical development of local government law.
  • Apply several constitutional principles and legal standards that regulate local government functions – for example, local taxation and expenditures, land use regulation, education, public safety and the other local services.
  • Understand the menagerie local entities and appreciate how alternative forms of governance impact a lawyer’s ethical obligations.
  • Explain the predominant funding mechanisms for local government, and analyze how state and local policies can affect the viability of local government.
  • Identify several state and federal policies that can impair the sustainability of local government.
  • Develop and deliver principled arguments about how socio-economic policy issues relate to legal doctrine, intra-regional wealth, sprawl and alternatives to local government.

Note: Although no prerequisites are required for this course, Professor Gardner strives to highlight connections between the material discussed in class and other substantive legal topics. Third- and fourth-year students will be encouraged to share learning from related courses – for example, civil procedure, constitutional law, administrative law, land use law and other legal subjects. In particular, this course will offer a meaningful segue leading to (and from) courses in land use and administrative law.

LAW 697 v00 Managing National Security

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

This course introduces students to the substance, process, and practice of national security law. The first third of the term is devoted to the structure and process of national security decision-making. The second third of the term introduces students to the instruments of national security policy, e.g., intelligence, the use of force, and homeland defense. The final third of the course is devoted to functional exercises in national security policy with the students playing the roles of national security principals (a.k.a., national security moot court). Each exercise is designed to give students experience in spotting issues and applying law in national security context. The exercises are also intended to give students a feel for the texture and pressure of national security decision-making.

LAW 697 v50 Managing National Security

J.D. Seminar (cross-listed) | 3 credit hours

This course is about the substance, process, and practice of national security law. The course has two segments. The first segment addresses the substance and process of national security decision-making. The second segment covers the tools of national security: intelligence, military, law enforcement, diplomacy, and homeland security. Special attention is paid to the relationship between law and policy and the role of the lawyer in effecting both. Up to 8 J.D. students may enroll in the course for three credits, and prepare a research paper that satisfies the Law Center’s upper-class Writing Requirement (WR). In addition to the final paper, students who select this option must submit an outline and a draft for comment. Both the draft and final papers must be a minimum of 6,000 words (25 pages) and must be supported by substantial independent research. Students may also enroll in the course for two credits. Students electing this option are required to prepare a term-paper approximately 4,800 words (20 pages) on an approved topic.

Recommended: Other national security law courses offered at the Law Center; courses in Constitutional Law; International Law I.

Mutually Excluded Courses: Students may not receive credit for both this course and Challenges in National Security Law: A Seminar for Mid-Career LLMs.

Note: This seminar requires a paper. J.D. students must register for the 3 credit section of the seminar if they wish to write a paper fulfilling the Upperclass Legal Writing Requirement. The paper requirements of the 2 credit section will not fulfill the J.D. Upperclass Legal Writing Requirement.

Note: This course will be enrolled via waitlist.

LAW 2050 v00 Managing Political Risk in Emerging Market Project Financings

LL.M Seminar | 2 credit hours

The course examines concepts of political risk and the means by which certain political risks can be managed in planning and structuring foreign investments, particularly in international project financings. Classes will be a combination of lecture and guided discussion based on assigned readings. The readings include articles about the issues and related subjects, examples of political risk insurance contracts used by a national government agency, a multinational institution and private insurers, as well as decisions on claims made under political risk insurance contracts. The opportunity to analyze and revise original contract documents will be an incidental benefit of the course. The variety of source material will expose students to the public policy issues that underlie the decision to issue such insurance and the consequences of doing so. Some incidental coverage of insurance law, international law, and dispute resolution will also be required.

In addition to an in-class final exam, students, as counsel to an insurer, will draft a memo advising how one of the insurer's standard contracts would have to be revised to cover a non-standard situation or provide a non-standard coverage. The insurer will provide a detailed written description of the situation or coverage. Students may work as individuals or form a team (and all receive the team product's grade).

The course will be taught jointly by Robert C. O'Sullivan, formerly Associate General Counsel for Insurance and Claims at the Overseas Private Investment Corporation (OPIC), and Kenneth W. Hansen, a partner at the law firm of Chadbourne & Parke LLP and formerly General Counsel of the Export-Import Bank of the United States and Associate General Counsel at OPIC.

LAW 324 v00 Maritime Law

J.D. Course (cross-listed) | 2 credit hours

This course surveys the principles of admiralty and maritime law of the United States, including its constitutional basis, admiralty and maritime jurisdiction, other federal jurisdiction of shipping matters, criminal law at sea, traditional and current maritime issues, (including contracts, insurance, carriage of goods, environmental developments, federal-state maritime issues, and maritime torts), government policies and regulation of shipping, and international and comparative maritime law issues.

LAW 1618 v00 Mass Incarceration Seminar

J.D. Seminar (cross-listed) | 1 credit hour

This seminar examines the growth and consequences of detention centers, jails, and prisons in this age of “mass incarceration.” Nearly 2.4 million Americans are behind bars, roughly one in every 100 adults, far more per crime than any industrialized nation. If we include persons on parole or probation, one adult in 23 is under correctional supervision. With cost taxpayers paying in excess of $75 billion each year and with African Americans and Latinos overrepresented in the American justice system, some scholars, advocates, and policy makers argue that mass incarceration represents one of the greatest social injustices of our time.

The seminar is designed to stimulate students to think critically about contemporary punishment practices, and the serious social and economic consequences of mass incarceration. What accounts for the growth of incarceration, including both prison and jail? What have been the effects of the prison build-up on individuals, their families, and communities? What are the public safety consequences? What happens to individuals when they attempt to reenter society and what barriers do they face? What happens to the children of incarcerated parents?

Course Goals/Student Learning Outcomes

The substantive course goals are to:  (1) understand the critical issues facing the criminal justice system; (2) expand awareness of the opportunities and risks facing criminal justice reformers by the crisis of mass incarceration, and (3) identify solutions for policy makers to reduce incarceration at the federal, state, and local levels.  

The skills-oriented goals are:  (1) by participating in class discussions, you will hone your skills in speaking fluently and comfortably about criminal justice policy issues; (2) by writing a research paper in the course, you will sharpen your skills in policy research and writing.

By the end of the course, I hope you will gain a basic understanding of the legal, social, and policy factors that contributed to the exponential rise of America’s prison population, their consequences for U.S. law and policy, and the emerging alternative approaches to punishment that may reduce our reliance on incarceration. You will not learn every detail about America’s criminal justice system, but you should grasp the nature and structure of mass incarceration and have the ability to critically assess and effectively communicate its contemporary policy issues and possible solutions.

Note: Withdrawals are permitted up until the last class for this specific course.

LAW 275 v01 Medical Judgment, Morals, and Law Seminar

J.D. Seminar (cross-listed) | 3 credit hours

“Into each house I go,” the Hippocratic Oath promises, “I shall go only for the good of my patients.” We think of doctors as devoted to their patients’ well-being, but they increasingly serve social and legal purposes. To control medical costs, physicians ration care, often unbeknownst to their patients. To protect us from foreign enemies, doctors wage war, designing and overseeing the interrogation of terror suspects. When threats to public health loom, physicians make clinical decisions that protect society at their patients’ expense. In our criminal and civil justice systems, medical judgment answers moral and legal questions about the scope of personal responsibility, the reach of civil rights law, and more. And in our politics, medical opinion both masks and imposes moral and cultural beliefs. This Seminar will explore medicine’s myriad social and legal roles, with an eye toward conflict between these roles and physicians’ traditional commitment to their patients’ interests.

LAW 1426 v00 Medical Malpractice Seminar

J.D. Seminar (cross-listed) | 2 credit hours

This seminar covers the doctrinal and empirical literature on medical malpractice and tort reform. We will cover physician and institutional liability, health care quality and medical error, the economics of litigating medical malpractice cases, the causes of malpractice crisis, and the effect of the reforms that have resulted (and been proposed).

LAW 1382 v00 Medical-Legal Partnership: A Collaborative Approach to Health Justice

J.D. Seminar (cross-listed) | 2 credit hours

Medical-Legal Partnership (MLP) is a health care delivery model that recognizes that some barriers to good health have legal remedies. In an MLP, doctors and other healthcare professionals work with lawyers to improve the health and lives of vulnerable populations in a way that neither medicine nor law can alone. Thus, for example, the child with asthma who lives in substandard housing may respond more effectively to treatment if her pediatrician and lawyer work together to force her landlord to address the mold, rodent, and roach issues that exacerbate her condition. Beyond direct legal services, MLPs also build institutional capacity to address unmet legal needs and advocate for changes to laws, regulations, practices and policies that impact health. Using readings, discussion, guest lecturers, and case exercises, we will explore:

  • social determinants of health and health disparities, as well as the connections between poverty, health, and law.
  • barriers to health faced by specific types of populations/disease groups and how law can reduce those barriers.
  • how healthcare providers can collaborate with lawyers to more effectively address legal issues that affect health.

Students will be evaluated based on their class participation, several short written assignments, and a project. Projects will be flexible and may relate directly to the establishment of a Medical Legal Partnership, focus on an inter-professional education objective, or reflect a more traditional research assignment. Some classes may include students at the Georgetown School of Medicine and require travel to main campus. Best efforts will be made at the start of the semester to coordinate the timing and details of such classes around student schedules. There is no end-of-semester exam.

Required Text

Poverty, Health and Law: Readings and Cases for Medical-Legal Partnership, Carolina Academic Press: 2011 (Elizabeth Tobin Tyler, et al, editors)

LAW 1382 v01 Medical-Legal Partnership: A Collaborative Approach to Health Justice

J.D. Seminar (cross-listed) | 2 credit hours

Medical-Legal Partnership (MLP) is a health care delivery model that recognizes that some barriers to good health have legal remedies. In an MLP, doctors and other healthcare professionals work with lawyers to improve the health and lives of vulnerable populations in a way that neither medicine nor law can alone. Thus, for example, the child with asthma who lives in substandard housing may respond more effectively to treatment if her pediatrician and lawyer work together to force her landlord to address the mold, rodent, and roach issues that exacerbate her condition. Beyond direct legal services, MLPs also build institutional capacity to address unmet legal needs and advocate for changes to laws, regulations, practices and policies that impact health.

Using readings, discussion, guest lecturers, community-based work in D.C., and case simulations, we will explore:

  • social determinants of health and health disparities, as well as the connections between poverty, health, and law.
  • barriers to health faced by specific types of populations/disease groups and how law can reduce those barriers.
  • how interdisciplinary collaboration can help lawyers more effectively address legal issues that affect health.

As part of this class you will be involved in projects designed to support the establishment of an MLP at Georgetown. The latter part of the semester will also include joint classes with first-year Georgetown medical students enrolled in a medical school “selective” on MLP. Travel to main campus for those classes will be provided, timing and details will be arranged at the start of the semester. Students will be evaluated based on the quality of their class participation, several short written assignments, and their MLP project. There is no end-of-semester exam.

Required Text

TBA

LAW 1469 v00 Merger Antitrust Law

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

This is a course on identifying and resolving antitrust problems that arise in mergers and acquisitions. Using case studies of contemporary transactions ranging from simple negotiated acquisitions to hard-fought contested takeovers, we will examine anticipating antitrust problems and identifying possible defenses and solutions at the early stage of a deal when information is typically scare, performing more detailed analyses when more information becomes available, organizing the prosecution/defense of a transaction, navigating the DOJ/FTC merger review process, anticipating and structuring consent decree settlements, litigating merger antitrust cases, and negotiating provisions in merger agreements to allocate antitrust risk between the parties. The case studies will include such recent high-profile transactions as Hertz/Avis Budget/Dollar Thrifty, Halliburton/Baker Hughes, Staples/Office Depot, American Airlines/USAir, Comcast/NBCUniversal, Anheuser-Busch InBev/Grupo Modelo, Anthem/Cigna, and Nielsen/Arbitron. The course will be sufficiently self-contained for students interested in business combinations who have not taken an antitrust course. There will be several short graded assignments throughout the course and a three-hour, open book, take-home examination at the end of the course.

Learning Objectives:

By the end of the course, a diligent student should be able to do the following:

  1. Perform a preliminary merger analysis, spotting at a high-level both potential substantive issues and possible remedies, in common transaction scenarios involving public companies given only publicly available facts.
  2. Describe the merger review process from the filing of an HSR premerger notification report through a preliminary investigation, second request investigation, and final arguments to the heads of the investigating agency. If the agency concludes that the deal has antitrust problems, be able to describe the process for negotiating consent decree relief.
  3. Understand the major theories of antitrust harm that apply to mergers and acquisitions and the major types of defenses available to the merging parties and be able to apply them to an arbitrary transaction.
  4. Structure a merger antitrust challenge (as the investigating staff) and a merger antitrust defense (as defense counsel) before the decision-making officials at the DOJ and FTC.
  5. Anticipate and structure a consent decree remedy minimally satisfactory to the DOJ and FTC in light of their expressed concerns about a transaction.
  6. Describe the basic considerations and timing implications of litigating a merger antitrust case, the standards for granting preliminary and permanent injunctive relief, what the government and the merging parties each must show to prevail, and the allocation of the burden of proof (both persuasion and going forward) between the two sides, and the strategic and tactical implications of these factors to the prosecution and defense of a merger antitrust case in court.
  7. Describe the legal and strategic significance of the antitrust-relation provisions in an Agreement and Plan of Merger (e.g., reps and warranties on antitrust-related consents and approvals, merger control and litigation conditions precedents, general efforts covenants, conduct of business covenants, merger control filing covenants, investigation and litigation cooperation covenants, shift-shifting covenants (including covenants to divest businesses or assets if necessary to avoid an agency challenge or settle a litigation), antitrust reverse termination fees, purchase price adjustments for divestitures, damages for breach of antitrust-related covenants, ticking fees, “take or pay” provisions, termination provisions).

Recommended: Prior or concurrent enrollment in Antitrust Law or Antitrust Economics and Law is recommended but not required.

LAW 434 v02 Mergers and Acquisitions

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

This course draws on legal principles and financial economics to understand mergers and acquisitions. The class will cover incentives for deals and constraints on them arising from both law and economic factors. Valuation and judicial review of defensive tactics, for example, are included in the topics to be studied. Individual and team assignments may be included as part of the class.

Prerequisite: Corporations.

Mutually Excluded Courses: Students may not receive credit for both this course and Takeovers, Mergers, and Acquisitions.

LAW 3053 v00 Money Managers as Fiduciaries

LL.M Course (cross-listed) | 2 credit hours

Money Managers -- investment advisers, broker-dealers and the like -- serve an important role not only in the financial system of the United States, but also the financial operations of institutions and the financial lives of individuals. Those managers today advise institutional and individual clients (including mutual funds) having aggregate assets under management well in excess of $70 trillion globally. This course focuses on the essential legal obligations placed on money managers in providing services to their clients and prospective clients: complying with a broad variety of fiduciary duties; meeting the terms and conditions of rules adopted by regulatory agencies; and avoiding engaging in fraudulent activities.

The course begins with consideration of the concept of a fiduciary and the manner in which the concept has become imbedded in the federal securities laws applicable to money managers. The course then turns its attention to the concept of fraud as defined in, and interpreted under, those securities laws and how the concept has been employed and expanded by the Securities and Exchange Commission (“SEC”) to set standards for money managers registered under the Investment Advisers Act of 1940 (the “Advisers Act”). The Advisers Act, the Investment Company Act of 1940 (the “1940 Act”) and portions of the Employee Retirement Income Security Act of 1974, as amended (“ERISA”) will be the principal statutory provisions around which the course will be centered. A number of classes during the semester will be devoted to detailed study of rules adopted by the SEC under the Advisers Act and the 1940 Act and by the Department of Labor under ERISA. At least three class sessions during the semester will be practical in nature, designed to enable students to assume the roles of legal practitioners advising money management firms facing various factual situations involving clients of those firms.

Note: First class attendance is strongly encouraged for all enrolled and waitlisted students.

DISTANCE STUDENTS REGISTER FOR CRN#: 35239. This course is open to both on-campus and distance students. DISTANCE STUDENTS WILL BE REQUIRED TO ATTEND LIVE VIA ZOOM VIDEOCONFERENCING AT THE SPECIFIED MEETING TIMES. Only students enrolled in the Executive LL.M. in Taxation, the Executive LL.M. in Securities & Financial Regulation, and the MSL programs may take this course on a distance basis. All J.D. students and resident LL.M. students may not enroll in this course on a distance basis. 

LAW 1606 v00 Motherhood and the Law Seminar

J.D. Seminar (cross-listed) | 2-3 credit hours

The language of law and the cultural support for legal analysis can have considerable influence on the construction human behavior.  The law’s treatment of motherhood is an excellent example of this phenomenon.  Students in this class will explore the underlying basis for our legal system and how those principles may be affected and modified when coping with the contested notions of motherhood.    Some of the questions that will run through this course include:

  1. How does the law shape our notions of the responsibility of motherhood?
  2. How does race and class affect that social construction?
  3. How does gender essentialism affect that social construction?
  4. How does the expectation of selflessness often imposed on mothers affect law’s basic protection for autonomy and self-direction?
  5. Given the importance of caring for children, how should the law construct expectations of parenthood?

The course materials will be available in Canvas.

Course Goals/Student Learning Outcomes:

Student outcomes include:

  1. An appreciation of the way law constructs meaning and reflects and reinforces cultural norms;
  2. An ability to identify patterns and assumptions that carry through a number of fields of law and to critically analyze those assumptions;
  3. Insight into problem solving that requires re-imagining new structures and meaningfully uncovering implicit bias.

Note: This seminar requires a paper. J.D. students must register for the 3-credit section of the seminar if they wish to write a paper fulfilling the J.D. Upperclass Legal Writing Requirement. The paper requirements of the 2-credit section will not fulfill the J.D. Upperclass Legal Writing Requirement.

LAW 327 v01 Multi-Party Dispute Resolution Seminar: Consensus Building and Other Negotiation Processes

J.D. Seminar (cross-listed) | 3 credit hours

This seminar will focus on complex, multi-party disputes and the combinations of traditional processes (negotiation) and newer ones (consensus building, reg-neg) that are being used to facilitate settlements. The course will open with review of democratic and process theory from law, political science and philosophy and then turn to some basic skills training in behavioral approaches to negotiation, mediation, facilitation and other dispute resolution processes when there are multiple parties and multiple issues at stake. We will then explore several case studies taken from environmental conflicts, local governance issues, racial and ethnic conflicts, community disputes and international conflicts. We will study group and organizational behavior, coalitions, argumentation and principled bargaining, the role of law in negotiations and mediations, tensions between competition and cooperation as modes of conflict resolution, the differences between secret and public settings for negotiation, the role of power in multi-party cases and the role of different kinds and styles of conflict management and facilitation. We will discuss issues of legality, ethics and legitimacy in the use of these different approaches to conflict resolution. The course will combine reading, lectures, discussions and some role-playing and simulations. Students will write several short papers and one 15 page paper or case study analysis.


Learning goals for this course:

1. skill development in negotiation, facilitation and mediation

2. skill development in group organization, as leaders and as members

3.Analysis and writing in complex multi-party legal problem solving.

Recommended: A prior course in mediation, negotiation or ADR is desirable, but not required.

Note: The course will meet for six days of intensive sessions in Fall 2016 as follows: September 16, 17, and 18, 9:00 a.m.- 5:00 p.m., and October 28, 29, and 30, 9:00 a.m.-5:00 p.m.

ATTENDANCE IS MANDATORY AT ALL CLASS SESSIONS. All enrolled and waitlisted students must be in attendance at the start of the first class session in order to be eligible for a seat in the class and must attend each class session in its entirety.

A student will be permitted to drop a course that meets for the first time after the add/drop period, without a transcript notation, if a student submits a written request to the Office of the Registrar prior to the start of the second class meeting. Withdrawals are permitted up until the last class for this specific course.

LAW 372 v02 Music Law Seminar: Changing Landscapes in the Music Industry and the Law that Governs It

J.D. Seminar | 2-3 credit hours

This course will engage in an in-depth exploration of legal issues that arise in the music industry and the complex ways in which the law has shaped the evolution of the industry and the industry has shaped the development of the law. We will begin with a historical unit that traces the manner in which copyright and other laws affected the development of the music industry (and vice versa) in the 20th century. Our second main unit will cover a cross-section of the current legal issues faced by the music industry and the business practices that have been and are being developed to address those legal issues. We will end the semester with a discussion of the future of the music industry and the role that law and public policy will likely play in that future.
 

While the specific issues covered will vary in light of ongoing developments in the law and music industry business practices, some of the likely topics of discussion and analysis include the distinct “bundles” of rights in music and how the industry developed to exploit them; music licensing and statutory royalty regimes; illegal Internet downloading, its effect on the industry, and the industry’s response; the changing power relationships among the players in the industry and the contractual and legal issues that emerge from those changing relationships; deregulation and the effects of horizontal and vertical integration in the industry; new distribution models and new models of consumption for music and how the law is developing to accommodate them; the changing conceptions of what it means to “own” music in light of technological innovations in the industry; payola prohibitions and their impact on the industry; the future of performance royalties for sound recordings; legislative developments affecting the music industry; and the role of social networking sites, blogs, and other newly-developing avenues for marketing new music.
 

Some of the issues will be discussed using hypothetical case studies, with students assigned to represent/argue the interests of the various affected parties, such as recording label executives, musicians, songwriters, radio broadcasters, Internet radio operators, and concert promoters. The assigned materials will include a selection of cases, statutes, scholarly articles, and trade publication articles relevant to each of the issues discussed, as well as sample licenses and contracts. Students will be graded based upon their class participation and submission of a final paper for the course.

Learning goals for this course:

This course is designed to be a discussion-based seminar in which we explore issues of music law and policy from both historical and forward-looking perspectives. During the course of the semester, we expect that you will:

  • Gain an understanding of how the music industry is structured and how the law has impacted that structure
  • Become familiar with and be able to recognize legal themes and issues that have recurred throughout the history of the music industry in the United States
  • Be able to identify potential contractual and legal issues that arise when new technology is introduced for reproducing, distributing, and/or performing music
  • Develop in-depth knowledge and critical analysis of a narrow area of music law or policy in connection with the paper(s) written for the course
  • Enhance legal research skills by researching and critically analyzing materials relating to current legal issues in the music industry
  • Learn how to produce a piece of scholarly writing (whether the longer version required for the Writing Requirement or a shorter version required for students taking the course for 2 credits)
  • Gain an introductory understanding of issues that arise in negotiating contracts in the music industry
  • Become comfortable raising questions and debating issues in a collegial settin

Prerequisite: Copyright Law.

Note: This seminar requires a paper. J.D. students must register for the 3 credit section of the seminar if they wish to write a paper fulfilling the Upperclass Legal Writing Requirement. The paper requirements of the 2 credit section will not fulfill the Upperclass Legal Writing Requirement.

LAW 331 v00 National and Cultural Identity Seminar

J.D. Seminar (cross-listed) | 3 credit hours

Behind the mainly domestic distributions of legal rights and duties that we study during the course of law school is the more fundamental distribution of membership in a national community performed by our immigration and citizenship laws, language and labor requirements, political discourse, census categories, and countless cultural and governmental acts of recognition, inclusion and exclusion. In a world in which almost all states are multicultural, how do law and culture divide and unify diverse populations? Can law help people of different races, languages, religions and politics find common purpose? This seminar will address, from interdisciplinary and comparative perspectives, the phenomena of national and cultural identity formation, the calls for more cosmopolitan forms of belonging, and how national and cultural groups are imagined and invented though both law and popular culture. We will also consider alternative forms of belonging and banishment, such as cosmopolitanism, statelessness, diaspora, and global forms of citizenship.

Note: Students must register for the three-credit section of the seminar if they wish to write a paper fulfilling the Upperclass Writing Requirement. Students in the two-credit section will write a paper.

Note: Attendance at the first class session is mandatory. All enrolled and waitlisted students must attend the first class session in order to remain eligible for enrollment in the seminar.

LAW 593 v00 National and Global Health Law: O'Neill Colloquium

J.D. Seminar (cross-listed) | 2-3 credit hours

In this interdisciplinary colloquium, leading national and international scholars in a range of domains will explore fundamental normative and policy problems of contemporary concern in health law. Topics will include health care, public health, global health, science, regulation, politics, ethics, and policy. The colloquium will have participants from across the Georgetown University campus among faculty, senior administration, and students, as well as participants in the Washington health policy and legislative community.

Each seminar session will focus on a presentation by, or structured dialogue with, distinguished guest speakers. Students from the Law Center and other schools within Georgetown University (including Nursing and Health Studies, Medicine, Arts and Sciences, Foreign Service, Business, and other graduate programs) will be expected to prepare for intensive discussions in which experts, faculty and students explore, analyze and deepen their understanding of issues selected for consideration each month. The colloquia will be open to other students and faculty members across Georgetown University as well as interested members of the public, particularly professionals working in health law and policy in Washington.

Note: This seminar requires a paper. J.D. students must register for the 3 credit section of the seminar if they wish to write a paper fulfilling the Upperclass Legal Writing Requirement. The paper requirements of the 2 credit section will not fulfill the J.D. Upperclass Legal Writing Requirement.

LAW 922 v01 National Security & the Law of the Sea

LL.M Seminar (cross-listed) | 2 credit hours

This course reviews the basic principles of international law related to the many exclusive and inclusive uses of ocean space, especially on those critical issues affecting U.S. national security. Students will develop a comprehensive understanding of the legal regimes governing the oceans, from internal waters and other coastal zones through the regimes of the high seas, and an overall appreciation for U.S. oceans law and policy, based on relevant principles of international and national law. Topics include navigation and overflight rights, living and non-living ocean resources, military and law-enforcement activities, protecting the marine environment, marine scientific research, the law of naval warfare, and the processes for developing ocean policy and for resolving international disputes. Students will research and engage in class discussions on a number of problems involving national security issues and the use of ocean space, including resources on the continental shelf, maritime terrorism, military exercises, maritime transportation systems, at-sea trafficking in illicit drugs, piracy, weapons of mass destruction, collection of intelligence, and naval rules of engagement

Final exam only.

Recommended: International Law I: Introduction to International Law (or the equivalent International Law I).

Mutually Excluded Courses: Students may not receive credit for both this course and Oceans Law and Policy.

LAW 2070 v00 National Security Business Law

LL.M Seminar (cross-listed) | 2 credit hours

National Security Business Law explores important legal issues arising out of the U.S. government’s reliance on the private sector for its national security capacity and capability. The course will include sections focusing on: (1) Privatization and insourcing/outsourcing issues for the U.S. government in the national security arena; (2) Government contracts issues in national security work, including contract competition and protests; performance issues, disputes and terminations; torts and national security; and how the U.S. Government holds contractors accountable; (3) Export controls issues, including those relating to the State Department’s regulation of defense items, the Commerce Department’s regulation of “dual use” items, and the regulation by Treasury and other agencies of sanctioned and listed entities; and (4) Classified information and the private sector, including the structure of the National Information Security Program, processes for acquisition and maintenance of facility and personnel clearances, and special issues within this area such as mitigation of foreign ownership, control and influence.

LAW 1031 v00 National Security Crisis Law I

J.D. Course (cross-listed) | 5 credit hours

National Security Crisis Law is a nationally-recognized class, and the capstone course for the J.D./LL.M. in National Security Law at Georgetown. It examines the law as it is written and as it is applied. The course will be equally helpful to students who go into other fields, as it emphasizes leadership and examines how cognitive biases, institutional cultures, and formal and informal social networks influence lawyers’ ability to perform effectively under pressure. The course takes into account both conventional and non-conventional threats, such as terrorist use of biological weapons, cyber attacks, and the detonation of radiological dispersal devices, to examine the constitutional, statutory, and administrative contours of the government’s response. In lieu of an examination, students will take part in a week-long simulation, during which they will assume positions within the federal Executive Branch, as well as state and local government. Students will have the opportunity to meet with lawyers who practice in the field, to help to prepare for their roles. Students will be assigned sim-classified and sim-unclassified email accounts, and provided with access to the Video News Network and AP Wire, through which they will receive information about a series of evens as they unfold. A Control Team, made up of approximately 50 professors and attorneys from practice, will respond to the student decision-making. For the final two days of the week, students will be present in person at the law school. During the 2018-2019 year, the final exercise will be both national and inter-national, involving students from top national security law schools across the United States and Canada. Enrollment is limited to 30 students.

Prerequisite: Constitutional Law I: The Federal System (or Democracy and Coercion). Prior or concurrent enrollment in either Constitutional Law II: Individual Rights and Freedom, Criminal Justice or Criminal Procedure.

Note: In Spring 2019, this course will meet three days a week on Mondays, Wednesdays and Fridays, 9:00 a.m. - 11:00 a.m.  This course will also meet on a few Wednesdays from 3:30 p.m. - 5:30 p.m. Dates to be announced.  There will also be an all-day crisis simulation exercise in this course held on a Friday and Saturday. Attendance at the simulation exercise is mandatory.  Students may not withdraw from this class after the add/drop period ends without the permission of the professor. The course can be taken either pass/fail or for a grade.

LAW 1424 v00 National Security in Theory Seminar

J.D. Seminar (cross-listed) | 3 credit hours

There is consensus among scholars that National Security Law as a field of study is under theorized. How does the law function in a state in which "national security" is a considerable concern? What is the nature of the "state of exception" that national security law puts into effect? How does "surveillance" of citizens transform the normal functions of the state? When is violence "Islamic"? What is the proper response to a terrorist attack?


This seminar offers students an opportunity to think about national security theoretically by reading texts that adopt critical approaches to the various issues typically discussed within this field of study. These issues include: the state of exception, surveillance, Islamic terrorism, and Drones.


Students will be required to write a paper of 6,000 words minimum (excluding footnotes) to pass the class. Students will be expected to finalize the paper topic after meeting with me by the fourth week of the semester, submit a research outline by the sixth week of the semester, a 6,000 word draft by the tenth week of the semester and the final draft on the date assigned by the registrar for final submission of seminar papers.

LAW 849 v00 National Security Investigations and Litigation

LL.M Seminar (cross-listed) | 2 credit hours

This seminar will address the law governing national security investigations and related litigation. Topics will include electronic surveillance (e.g., the Foreign Intelligence Surveillance Act), national security letters, mail covers, and the handling of classified information at trial (e.g., the Classified Information Procedures Act). National security law is often inaccessible, and can be particularly hard to follow when divorced from the context of historical tradition, governmental structures, and operational reality in which it functions. The seminar will aim to present the law in context, exposing students as much as possible to the real-world effects of legal standards and rules. Requirements include participation in a four-hour investigative exercise at the end of the semester, submission of two short papers during the course of the semester, and class participation.

Mutually Excluded Courses: Students may not receive credit for this course and the J.D. course, National Security Law: Investigations and Prosecutions or National Security Surveillance.

Note: Grading for this class will be based on three components, each equally weighted: class participation; two short papers; and performance during the final exercise.

LAW 972 v00 National Security Law

LL.M Course (cross-listed) | 2 credit hours

Following the 9/11 attacks, one of the fastest growing areas of legal inquiry has been national security law. This course, taught by the principal founder of the field, is a comprehensive introduction, blending relevant international and national law. It begins with an overview of modern theories about the causes of war including "democratic peace," "deterrence" and "incentive theory." The course then examines the historical development of the international law of conflict management. It takes up institutional modes of conflict management, including the United Nations system and the role of the Security Council. Addressing the lawfulness of using force in international relations, i.e. jus ad bellum, the course discusses aggression, low-intensity conflict, terrorism, intervention, anticipatory defense, and "preemption." It then examines several case studies including the Indochina War, the "secret war" in Central America, the Gulf War, Kosovo, Afghanistan (the War on Terror), and the Iraq War, as well as case studies in United Nations peacekeeping and peace enforcement (including operations in Somalia, Haiti, Rwanda and the former Yugoslav republics). The course examines the norms concerning the conduct of hostilities, i.e. jus in bello, providing an overview of the protection of non-combatants and procedures for implementation and enforcement. It looks at war crimes issues, such as the Nuremberg principles, the new International Criminal Court, and the Yugoslav and Rwanda tribunals. The course briefly discusses American Security Doctrine, then turns to the general issues of strategic stability and arms control, examining nuclear, chemical and biological weapons and their effects, and arms control agreements. The course then examines the institutional framework for the control of national security, including the Authority of Congress and the president to make national security decisions, the war powers, and constitutional issues in the debate on the Anti-Ballistic Missile Treaty. The course further examines the national security process, including the national command structure, and considers the issues of secrecy, access to information, the classification system and homeland security. It reviews intelligence and counterintelligence law, and ends with a review of individual rights and accountability as they interface with national security. Individual Powerpoint modules are offered in the course segments concerning modern theory about the origins of war, jus ad bellum, terrorism, the Vietnam War, Arms Control intelligence law, individual rights vs. national security, the national security process and homeland security. The course typically invites one or more experts to meet with the class to discuss contemporary issues.

LAW 972 v03 National Security Law

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

This introductory, survey course will explore national security law as developed from the U.S. Constitution, relevant federal statutes, case law, and historical experience, as well as from principles and influences of international law and foreign relations.  It will cover key components of, and debates over, the Federal Government’s exercise of national security authorities, including: decisions to use force and how to employ it; detention and interrogation of combatants; collection, protection, and sharing of intelligence; military and civilian prosecutions for national security-related criminal charges, including terrorism, espionage, export control, and state-sponsored cybercrimes; civil litigation involving national security interests and concerns; protection of homeland security; and economic aspects of national security policy. Themes of the course will include: (1) the separation of powers among the three branches of the Federal Government, and appropriate roles for these branches in the conduct of national security activities; (2) the interplay between international law and domestic law; (3) textual, historical, and functional modes of legal argument as applied to national security issues; and (4) the evolution of modern warfare and its implications for relevant legal regimes. (Guest lectures will be provided at various times by Professor Mary McCord, the former head of the National Security Division at the U.S. Department of Justice, and Professor Joshua Geltzer, the former Senior Director for Counterterrorism at the National Security Council in the White House.)

Course Goals/Student Learning Outcomes:

This course will provide students with exposure to the broad reach of modern national security law in the United States, and the many as-yet unresolved and knotty legal, policy, practical, and moral issues that arise as the Government strives to protect national security, while preserving the generally free and open society that most U.S. persons expect.  Students will examine with a critical eye the justifications offered for, and scope of, security-based governmental actions, while considering practical alternatives and results.

The student learning outcomes will be the following:

  1. Analyze current and emerging issues in national security law, and understand the policy arguments underlying the balance of ensuring security and protecting individual rights
  2. Assess the justifications offered for, and scope of, security-based governmental actions
  3. Examine the effects that national security measures have on individual rights of U.S. citizens and non-citizens, and on U.S. institutions, norms, and governance.

Mutually Excluded Courses: Students may not receive credit for this course and the graduate course by the same name. 

LAW 967 v00 National Security Law & the Private Sector

LL.M Seminar (cross-listed) | 1 credit hour

This seminar will examine how the U.S. government regulates and addresses national security in a global economy in which data and money flows freely and sensitive assets in the United States and abroad are owned or controlled by commercial actors. The concept of “national security” in U.S. legal doctrine and regimes is hardly new, but the impact of national security law on the private sector has expanded dynamically since September 11, 2001. The course will review the history and breadth of national security law and public policy as it relates to the private sector and the principles for the application of national security regulation to private actors.  While the seminar will address these considerations for a variety of practice areas, the primary focus of the seminar will be on how these principles apply in national security reviews of foreign investment conducted by the federal inter-agency Committee on Foreign Investment in the United States, or CFIUS. The course will use functional examples (i.e., real world cases) to explore fundamental policy questions -- e.g., what is the proper balance between security and openness in a commercial world -- as well as to evaluate the legal and practical considerations of private actors (including fiduciary duties to shareholders and reputation risk, among others) and their counsel when confronted with national security issues.  

This seminar is designed for those who are interested in how concepts of national security in the law affect private actors -- primarily, but not exclusively, businesses -- on a daily basis. There will be elements of history, but the main focus will be experiential.  Accordingly, while the course will not be a heavy reading course, preparation will be important and students may be designated (with significant advance notice) to help lead a particular class discussion. Outside experts from the Executive Branch, Congress, and the private sector may be invited to participate in certain classes.

Course pre-requisites: None

Requirements -- Three requirements:

(a) The preparation of materials to help lead a particular class discussion.

(b) Participation in class discussion centered around real world fact patterns.

(c) A take-home final exam.

Note: Withdrawals are permitted up until the last class for this specific course.

The take-home exam in this course may be administered mid-semester and the specific exam date will be provided by the professor after the add/drop period.

LAW 819 v00 National Security Law Through an Immigration Framework

LL.M Course | 2 credit hours

This course will explore the relationship between national security and immigration. The course will first provide a historical backdrop of this issue and continue with threshold national security issues that have immigration implications. Particularly, the current legal framework that surrounds this issue will be explored to include specific provisions in the Immigration and Nationality Act as well as peripheral legal issues such as material support of a terrorist organization. Other national security questions will be discussed to include protecting the borders, criminal immigration prosecutions, and population control. Lastly, this course will explore the conflict between individual rights and national security and attempt to answer the threshold question of whether it is appropriate to use immigration laws as a national security enforcement tool.

This course is oriented toward the practitioner due to the focus this course places on the legal framework and litigation strategies necessary for removing or detaining individuals who are national security threats. At the same time, we will spend time learning how to defend against the government using the immigration statutes as a national security tool. To facilitate this, students will not learn through lectures and group discussions alone, but also through examining real legal documents that have been filed in the United States District Courts and the Courts of Appeals. Students will also have the opportunity to examine a real A-file in order to practice issue spotting.

In the 2-credit version of this class, students will be evaluated by examination.

Note: The J.D. section will be enrolled via waitlist.

LAW 819 v01 National Security Law Through an Immigration Framework

LL.M Seminar (cross-listed) | 3 credit hours

This course will explore the relationship between national security and immigration. The course will first provide a historical backdrop of this issue and continue with threshold national security issues that have immigration implications. Particularly, the current legal framework that surrounds this issue will be explored to include specific provisions in the Immigration and Nationality Act as well as peripheral legal issues such as material support of a terrorist organization. Other national security questions will be discussed to include protecting the borders, criminal immigration prosecutions, and population control. Lastly, this course will explore the conflict between individual rights and national security and attempt to answer the threshold question of whether it is appropriate to use immigration laws as a national security enforcement tool.


This course is oriented toward the practitioner due to the focus this course places on the legal framework and litigation strategies necessary for removing or detaining individuals who are national security threats. At the same time, we will spend time learning how to defend against the government using the immigration statutes as a national security tool. To facilitate this, students will not learn through lectures and group discussions alone, but also through examining real legal documents that have been filed in the United States District Courts and the Courts of Appeals. Students will also have the opportunity to examine a real A-file in order to practice issue spotting.


In the 3-credit version of this class, students will be required to submit a paper proposal, rough draft, and highly researched analytical paper approximately 30-35 pages in length.


Note: The 3-credit section meets the J.D. writing requirement.

Note: The J.D. section will be enrolled via waitlist.

LAW 1151 v00 National Security Lawyering Seminar

J.D. Seminar (cross-listed) | 2-3 credit hours

This course will examine the substantive, ethical, moral, procedural, and practical challenges of practicing national security law in the government. Government national security and foreign affairs lawyers have significant influence on operational and policy decision-making, but generally encounter fewer external checks and less oversight than lawyers in other areas. Because of threshold doctrines such as standing and political question, courts address national security legal questions relatively rarely. There are few timely, formal checks in the area of international law, which develops over time and by consensus and often lacks a direct enforcement mechanism. In addition, much of the subject matter about which national security lawyers provide advice is classified, which can limit the scrutiny of legal analysis by Congress, the press, and the public. Therefore, national security lawyers, who provide advice on what are often extremely high stakes and difficult legal issues, shoulder a great deal of responsibility to carry out their roles ethically and effectively.

The course will use case studies and hypotheticals to explore these important challenges. Students will discuss a variety of issues, including: the players and process of national security legal decision-making; flexibility, constraint, and accountability for the national security lawyer; the challenges in providing balanced advice; whether and when it is appropriate to “push the envelope” on legal advice; the impact of secrecy on legal advice and decision-making; the importance of transparency about national security legal advice and why it is so difficult; prosecution, litigation, and national security; the appropriate role of lawyers and the law in the national security policymaking process; lawyering when the law is not developed; and the challenges and responsibilities of lawyering during war and other national security crises.

Students will be graded on several short reaction papers and one longer final paper. Class discussion will also be considered in grading.

Recommended: International law and/or national security related course.

Note: This seminar requires a paper. J.D. students must register for the 3 credit section of the seminar if they wish to write a paper fulfilling the Upperclass Legal Writing Requirement. The paper requirements of the 2 credit section will not fulfill the J.D. Upperclass Legal Writing Requirement.

LAW 1402 v00 National Security Regulation

J.D. Seminar (cross-listed) | 2 credit hours

National Security Regulation examines a cross disciplinary area of law mingling international law, constitutional law, statutory interpretation, and administrative law. Areas regulated by the Federal government because of national security concerns are frequently high stakes and high dollar. The government cares a lot about getting the “right” result, and the penalties can be enormous. Unfortunately, knowing what is “right” can be hard. The rules are arcane, formal guidance may not be public or even exist, and case law may be thin or nonexistent. The adjudication process likely involves classified information (which you may not be able to access), and you may have limited due process or appeal options. If you have a career ahead of you in corporate law, you will almost certainly run into national security regulations at some point during your career. This course is designed to help. It surveys some of the most common areas of regulatory interest, as well as some hot issues that will dictate the path of emerging technologies.

Recommended: Administrative Law and National Security Law.

LAW 1094 v00 National Security Surveillance

J.D. Course (cross-listed) | 2 credit hours

This course will address the evolving law governing surveillance in the national security arena. The focus will be on electronic surveillance in the foreign intelligence and counter-terrorism fields with special emphasis on the Foreign Intelligence Surveillance Act (FISA). Topics will include background examination of the national security structure, the Fourth Amendment and domestic surveillance, and the intelligence community, and in-depth examination of the origins of national security surveillance and its operation through FISA and other intelligence collection programs since September 11, 2001. The use of national security surveillance in court and constitutional challenges to various aspects of national security surveillance will also be explored.

The course is designed for both the J.D. and national security LL.M. curricula. It is a two-credit course meeting once a week for two hours. There is no casebook. Readings will include relevant statutory materials, executive orders and other directives, and significant judicial decisions. Grading for the course will be based primarily on a take-home examination, with some adjustment for class participation.

Recommended: Although there are no formal course prerequisites, it is recommended that students have completed Constitutional Law I: The Federal System (or Democracy and Coercion); a survey national security course might be helpful but is not essential.

Mutually Excluded Courses: Students may not receive credit for this course and National Security Investigations and Litigation.

LAW 331 v01 Nationalisms, States, & Cultural Identities Seminar

J.D. Seminar (cross-listed) | 2-3 credit hours

This seminar is about the phenomena of national and cultural identity formation within states and non-state groups (ethnic, racial, regional, religious, cultural, tribal) and the roles played by law and culture in defining and distributing membership in a “national” community. The course material will provide a foundation in political theories of nationalism and will focus on two different forms of contemporary nationalism: the rise of a new American nationalism (since the 2016 election) and the Catalan independence movement in Spain. Along the way we will discuss additional and alternative forms of belonging and exclusion, such as statelessness, diaspora, postcolonialism, and cosmopolitan forms of citizenship. This interdisciplinary and comparative seminar is geared toward better understanding how law and culture are used to divide and unify diverse populations so that we know how to use them to help heterogeneous states and communities find common purpose.

Note: THIS COURSE REQUIRES PROFESSOR PERMISSION TO ENROLL. Please email Professor Naomi Mezey (naomi.mezey@law.georgetown.edu) by 5:00 pm on Monday, June 11, 2018 with a statement of interest.  J.D. students please include whether you want to take the course for 2 or 3 credits.

This seminar requires a paper. J.D. students must register for the 3 credit section of the seminar if they wish to write a paper fulfilling the Upperclass Legal Writing Requirement. The paper requirements of the 2 credit section will not fulfill the J.D. Upperclass Legal Writing Requirement.

LAW 329 v00 Natural Resources Law

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

This course surveys the laws governing the ownership, conservation, exploitation, and preservation of renewable and non-renewable natural resources, such as wildlife, wilderness, parks, rangeland, water, minerals, and forests. The course explores the philosophical, constitutional, historical, and economic underpinnings of natural resource law as well as the role of interest groups in natural resource policy formulation. Current issues, such as those relating to takings and federalism, are also examined.

LAW 1619 v00 Natural Resources Law and Policy Practicum (Project-Based Practicum)

J.D. Practicum (cross-listed) | 4 credit hours

This course will give students an experiential learning experience in the field of natural resources law and policy.  Students will work individually or in groups on real-world legal and policy problems related to natural resources for clients or stakeholders currently engaged in the subject.     

The seminar portion of the course covers the key elements of natural resources law and policy related to the experiential learning projects. Students will study the relevant statutes, case law, and underlying policies relating to these natural resources issues. The course is primarily domestic in its focus, but some topics and examples of international natural resources law and policy will be included. During the course, students will draw on pertinent and practical legislative and administrative materials.  The course will include at least two simulated in-class exercises, focusing on building legal advocacy skills in both legislative and administrative contexts.

Throughout the semester, we will focus on building real-world legal and policy skills.  We will discuss the successes and failures of natural resources law and policy, the trade-offs between preservation and development, future prospects for effective resource management and conservation, and the skills needed to effectuate successful outcomes on behalf of clients.  

This is a four-credit course, with two credits awarded for the two-hour weekly seminar and two credits for work outside of class on experiential learning projects.

Course Goals:

  1. The course is intended to help you develop your legal skills.  During the experiential portion of the course, you will develop legal skills by working on a real-world legal or policy problem for a client.  You will prepare a written analysis appropriate for delivery to the client.  You will also prepare an oral presentation of your work, including findings and recommendations for the client.  In undertaking this project, you will develop in-depth expertise on a natural resources issue as assigned. 
  2. In preparing the written analysis for your client, you will have an opportunity to hone your legal writing and analytical skills.  You will consider and determine how best to present your analysis and findings to the client in written form.
  3. You will also develop your skills in oral communication as you prepare and deliver a formal oral presentation of your project for the class and also for your client.
  4. During the seminar portion of the course you will participate in an in-class exercise in which you will role-play and develop skills relating to the preparation, writing and oral presentation of testimony and public statements for a mock Congressional hearing and a mock public comment meeting. You will gain experience in considering the perspective of the person you are role-playing and how best to present the position that person represents.  Through these in-class exercises and the class readings, you should develop practical skills and a greater facility with actual Congressional and administrative documents relevant to many legal practices. 
  5. By the end of this course, you should have a broad understanding of the overall legal framework for the administration of domestic natural resources. The focus will be on federal law and policy as it relates to the experiential projects being undertaken by the class, but you should also gain insights into selected state and international topics, particularly the interaction between federal and state law and policy. 
  6. The course should provide you with a context for evaluating ongoing and fast-changing legal and policy issues and controversies relating to natural resources.

Mutually Excluded Courses: Students may not receive credit for this course and Natural Resources Law: Energy, Water and Land Resources. 

Note: This is a four-credit course, with two credits awarded for the two-hour weekly seminar and two credits for work outside of class on experiential learning projects.  The course is graded.

Students who enroll in this course will be automatically enrolled in both the seminar and project components and may not take either component separately. After Add/Drop, a student who wishes to withdraw from a practicum course must obtain permission from the faculty member and the Assistant Dean for Experiential Education. The Assistant Dean will grant such withdrawal requests only when remaining enrolled in the practicum would cause significant hardship for the student. A student who is granted permission to withdraw will be withdrawn from both the seminar and project components.

Students may not withdraw from this class after the add/drop period ends without the permission of the professor.

LAW 1205 v00 Natural Resources Law: Energy, Water and Land Resources

J.D. Seminar (cross-listed) | 2 credit hours

This seminar addresses key elements of natural resources law, with an emphasis on energy (non-regulatory aspects), water, and land resources. Students will study the relevant statutes, case law, and underlying policies relating to these natural resources. The course is primarily domestic in its focus, but some topics and examples of international natural resources law and policy will be included. During the seminar, students will draw on pertinent and practical legislative and administrative materials. The seminar will address the development of energy resources, including coal, oil and gas, and renewable energy. Another focus of the seminar will be water resources, including the laws impacting the allocation and availability of water in the eastern and western United States, water resources and climate change adaptation, and innovative approaches to restoring ecosystems on a watershed or river basin scale. Laws relevant to federal public land management will be examined. Throughout the seminar, we will discuss the successes and failures of natural resources law and policy, the trade-offs between preservation and development, future prospects for effective resource management and conservation, and global approaches to addressing these issues. This seminar is appropriate for students who have not previously taken Natural Resources Law and also for students who have taken the course but wish to delve more deeply into the subject matter.

Mutually Excluded Courses: Students may not receive credit for this course and Natural Resources Law and Policy Practicum.

LAW 1482 v01 Negotiations and Mediation Seminar

J.D. Seminar (cross-listed) | 3 credit hours

All lawyers, irrespective of their specialty, must negotiate. This intensive, interactive seminar will explore the theoretical and practical aspects of negotiating and mediating transactions and disputes in our legal system. The goal is to improve students’ understanding of negotiation and mediation as well as their ability to negotiate effectively.

Students will learn to negotiate by studying the negotiation theory, concepts and principles, and by participating in simulations and exercises from a variety of practice areas. The simulations are designed to familiarize students with the negotiating and mediation processes, sensitize them to their own negotiating behaviors, teach them how to use a mediator in aid of their negotiations, and raise a number of ethical and practical questions. Through in-class negotiation and mediation exercises, students will develop and sharpen skills in the areas of listening, asking questions, creative thinking, and persuasive communication.

Through in-class negotiation exercises, students will develop and sharpen skills in the areas of listening, asking questions, creative thinking, and persuasive communication. Class lectures and discussions will focus on such topics as the difference between competitive and integrative bargaining, the psychological and ethical dimensions of negotiations, and the importance of context in choosing negotiation strategies. Students will be videotaped while conducting at least one of their negotiations, followed by instructor evaluation and feedback.

Grades are based on the quality of student participation, several short “think pieces” and journal entries based on in-class experience, readings and lectures, and a final 10-15 page paper.

The Workshop is intensive (9:00 a.m. - 4:30 p.m. for six sessions spread over two weekends). Full attendance and participation is required at all six sessions.

Learning Objectives:

  • Familiarization with negotiation and mediation theory, concepts and principles.
  • Deepening of behaviors, processes and mindsets required for effective negotiation and mediation.
  • Sharpening skills in the areas of listening, asking questions, creative thinking, and persuasive communication.
  • Engaging in reflective practice.
  • Awareness of the role that assumptions, differences (e.g., culture, gender) and psychology play in shaping negotiation/conflict dynamics.

Mutually Excluded Courses: Students may not receive credit for both this seminar and the Negotiations Seminar, the Mediation Seminar, or the Mediation Advocacy Seminar.

Note: ATTENDANCE IS MANDATORY AT ALL CLASS SESSIONS. All enrolled and waitlisted students must be in attendance at the start of the first class session in order to be eligible for a seat in the class and must attend each class session in its entirety.

There is a course materials fee for this course, which covers outside vendor materials purchased on behalf of all enrolled students (these materials are distributed as part of the course’s in-class assignments and exercises). This fee is posted to your student account in August (for Fall courses) or December (for Spring courses), or as soon as you are enrolled in the course, whichever is later. Students who drop the course will be refunded the amount. Students approved to withdraw will not be refunded.

A student will be permitted to drop a course that meets for the first time after the add/drop period, without a transcript notation, if a student submits a written request to the Office of the Registrar prior to the start of the second class meeting. Withdrawals are permitted up until the last class for this specific course.

LAW 317 v15 Negotiations and Mediation Seminar

J.D. Seminar (cross-listed) | 3 credit hours

All lawyers, irrespective of their specialty, must negotiate. This intensive, interactive seminar will explore the theoretical and practical aspects of negotiating and mediating transactions and disputes in our legal system. The goal is to improve students’ understanding of negotiation and mediation as well as their ability to negotiate effectively.

Students will learn to negotiate by studying the negotiation theory, concepts and principles, and by participating in simulations and exercises from a variety of practice areas. The simulations are designed to familiarize students with the negotiating and mediation processes, sensitize them to their own negotiating behaviors, teach them how to use a mediator in aid of their negotiations, and raise a number of ethical and practical questions. Through in-class negotiation and mediation exercises, students will develop and sharpen skills in the areas of listening, asking questions, creative thinking, and persuasive communication.

Through in-class negotiation exercises, students will develop and sharpen skills in the areas of listening, asking questions, creative thinking, and persuasive communication. Class lectures and discussions will focus on such topics as the difference between competitive and integrative bargaining, the psychological and ethical dimensions of negotiations, and the importance of context in choosing negotiation strategies. Students will be videotaped while conducting at least one of their negotiations, followed by instructor evaluation and feedback.

Grades are based on the quality of student participation, several short “think pieces” and journal entries based on in-class experience, readings and lectures, and a final 10-15 page paper.

The Workshop is intensive (9:00 a.m. - 4:30 p.m. for six sessions spread over two weekends). Full attendance and participation is required at all six sessions.

Mutually Excluded Courses: Students may not receive credit for both this seminar and the Negotiations Seminar, the Mediation Seminar, or the Mediation Advocacy Seminar.

Note: ATTENDANCE IS MANDATORY AT ALL CLASS SESSIONS. All enrolled and waitlisted students must be in attendance at the start of the first class session in order to be eligible for a seat in the class and must attend each class session in its entirety.

If you are planning to take the MPRE in Spring 2018, the exam may conflict with this course because the MPRE will be offered on a Saturday in March or April. The date should be released by the National Conference of Bar Examiners in October and will be available at http://www.ncbex.org/exams/mpre/registration/.

There is a course materials fee for this course, which covers outside vendor materials purchased on behalf of all enrolled students (these materials are distributed as part of the course’s in-class assignments and exercises). This fee is posted to your student account in August (for Fall courses) or December (for Spring courses), or as soon as you are enrolled in the course, whichever is later. Students who drop the course will be refunded the amount. Students approved to withdraw will not be refunded.

A student will be permitted to drop a course that meets for the first time after the add/drop period, without a transcript notation, if a student submits a written request to the Office of the Registrar prior to the start of the second class meeting. Withdrawals are permitted up until the last class for this specific course.

LAW 2075 v00 Negotiations Seminar (LLM)

LL.M Seminar | 3 credit hours

This interactive seminar is designed to teach both the theory and practice of negotiation. The goal is to improve students’ understanding of negotiation as well as their ability to negotiate effectively. Students will spend much of their time participating in negotiation exercises and simulations from a variety of practice areas. Through the in-class negotiation exercises, debriefings, and lectures, students will develop and sharpen skills in the areas of listening, asking questions, creative thinking, and persuasive communication. Class lectures and discussions will focus on such topics as the difference between competitive and integrative bargaining, the ethical dimensions of negotiations, the importance of reputations, and the value in planning and choosing negotiation strategies.

The seminar will meet for five sessions spread over two weekends. Attendance at all sessions is mandatory. The class sessions are designed to provide an environment that is conducive for all students to experiment with different negotiation skills and behaviors. Students are not graded on the outcomes or results of negotiations, but on commitment to the materials and exercises. After the first weekend session, each student will videotape a negotiation with a classmate and write a short self-critique about the experience. In addition, a final “think piece” paper is required, in which students should demonstrate that they have learned the concepts, principles, and theories from lectures, readings, and exercises. The final paper does not require any outside research. Students are only required to reference what is covered during class sessions and in the assigned readings (Getting to Yes by Roger Fisher, William Ury, and Bruce Patton and excerpts from Negotiation: Appropriate Process and Problem Solving by Professors Menkel-Meadow, Schneider, and Love).

Grades will be based on: Participation in class (30%), Videotaped negotiation and self-critique paper (2-4 pages (double spaced)) (25%), Final Paper (10-15 pages (double spaced)) (45%).

Mutually Excluded Courses: Students may not receive credit for both this course and the Negotiations and Mediation Seminar; the Negotiations Seminar; or Negotiation and Mediation in Public Interest Law Settings or Negotiations and Drafting Seminar or Contracts: Structure and Negotiations.

Note: FIRST CLASS ATTENDANCE IS MANDATORY. All enrolled and waitlisted students must be in attendance at the start of the first class session in order to be eligible for a seat in the class. Students with no formal negotiation training are encouraged to enroll.

Withdrawals are permitted up until the last class for this specific course.

There is a course materials fee for this course, which covers outside vendor materials purchased on behalf of all enrolled students (these materials are distributed as part of the course’s in-class assignments and exercises). This fee is posted to your student account in August (for Fall courses) or December (for Spring courses), or as soon as you are enrolled in the course, whichever is later. Students who drop the course will be refunded the amount. Students approved to withdraw will not be refunded.

A student will be permitted to drop a course that meets for the first time after the add/drop period, without a transcript notation, if a student submits a written request to the Office of the Registrar prior to the start of the second class meeting.

LAW 755 v00 Nuclear Non-Proliferation Law & Policy

LL.M Seminar (cross-listed) | 2 credit hours

This course will provide students with an understanding of the current matrix of nuclear non-proliferation treaties, multilateral arrangements, laws, regulations, initiatives, proposals, and organizations that aim to halt the spread of nuclear weapons and prevent nuclear terrorism. We will also consider the role of foreign assistance, intelligence gathering, and the threat or use of force in achieving nonproliferation objectives.  The goal is to examine the full array of tools employed by the United States to address nuclear proliferation, as well as how the United States brings these tools to bear through the interagency process and our joint efforts with Congress and our international partners.  Virtually every element of the nonproliferation toolbox was deployed to address the nuclear programs of Iran and North Korea, so considerable time will be spent examining these critical cases.  We will also examine how the nuclear programs of India and Iraq shook and ultimately altered the nonproliferation regime.  Throughout the course, we will consider nonproliferation efforts in the context of great power strategies, alliance obligations, regional rivalries, and non-state actor threats, focusing on how these factors influence the decision-making of proliferating countries and countries seeking to prevent proliferation.  We will also consider factors such as foreign states’ energy policies, their goals for scientific achievement, and their economic interests.  A continuing theme in the course will be the evolution of nonproliferation efforts over time and the role of law and lawyers in that evolution.

LAW 2099 v00 Nutrition Law and Policy

LL.M Course (cross-listed) | 2 credit hours

Proper nutrition is one of the many contributor’s to overall health and could be one of the most cost-effective approaches to address many of societal, environmental and economic challenges facing the world today. Increasingly, law and policy has been recognized as a high-impact and robust approach for accelerating progress toward reducing and managing nutrition-related chronic diseases such as obesity, cardiovascular disease, type 2 diabetes mellitus and certain types of cancer. In various jurisdictions, policymakers enact courses of action, regulatory measures, laws and policies, and set funding priorities designed to address food insecurity, hunger, obesity prevention, chronic diseases, among other health and well-being concerns. This course focuses on policies, programs and practices across the globe—at the national, tribal, state and local levels—that improve or hinder healthy eating. Students will examine the evidence informing these courses of action, along with the historical and contemporary legislative, regulatory and judicial aspects. Topics and themes include dietary guidance, food and nutrition assistance programs, food and nutrition labeling, and other environmental and policy strategies to improve access to healthier foods and beverages.

Student Learning Goals:

  • Identify key law and policy approaches used across the globe that have been used or have the potential to improve or hinder healthy eating;
  • Discuss and debate the historical and contemporary legislative, regulatory and judicial aspects of the key nutrition law and policy approaches during collaborative in-class exercises; and
  • Execute analytical and strategic planning for developing, implementing, evaluating, and sustaining a nutrition law and policy approach during in-class exercises and as part of the mid-term and final projects.

Recommended: Constitutional Law, Property, Contracts, Torts, as well as Food and Drug Law, Introduction to Health Law, and Land Use and Planning.

LAW 332 v04 Patent Law

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

The patent law is a regime of private regulation, initiated by individual inventors and resulting in proprietary interests in an increasingly ambitious range of human endeavor. This course provides a thorough review of the requisites of patentability, including eligible subject matter, utility, novelty, nonobviousness and disclosure. It then turns to patent enforcement issues, including claim interpretation, the doctrine of equivalents and remedies. Most inventors seek to obtain proprietary rights in multiple jurisdictions, so the course includes considerable coverage of comparative and international patent law. A traditional technological background is neither required nor recommended as a prerequisite to enroll in this course.

LAW 332 v05 Patent Law

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

This course is designed for those who intend to specialize in the intellectual property field. It includes an analysis of trade secret law, inventorship and ownership of inventions, subject matter eligible for patenting, requirements for valid and enforceable patents, patent claim construction and direct and indirect patent infringement. The Advanced Patent Law Seminar is recommended to complete the student’s overview of patent law.

Recommended: A scientific or engineering background is helpful, but not a requirement.

LAW 333 v01 Patent Licensing Seminar

J.D. Seminar (cross-listed) | 2 credit hours

Patent licenses achieve different business objectives in a range of settings. This seminar first covers patent licensing and related agreements in establishing a company’s intellectual property from start-up through later growth phases. We then probe the role of patent licensing to transfer technology in and out of a company or university and in relations with others in the marketplace. We examine the elements of a patent license in detail. Limits on patent licensing and practice imposed by supply chain considerations, antitrust law, misuse, and connections with settlements are analyzed. Finally, we look at legal principles and strategies that impact patent licensing in several sectors of a knowledge-based economy. These sectors include biotechnology, software, standards setting, and patent assertion entities in the secondary IP market. We look at patent licensing in current open innovation and IP-enabled business models too. Guest speakers will also be drawn upon for specific topics. Students will complete an in-class negotiation and license drafting assignment. A cumulative final take-home exam will be given.

Recommended: Prior or concurrent enrollment in Patent Law.

LAW 387 v01 Patent Prosecution Practice and Strategy

J.D. Seminar (cross-listed) | 2 credit hours

This skills and writing course will focus on the practical and strategic aspects of patent preparation and prosecution before the United States Patent and Trademark Office, and the effects of prosecution decisions on patent enforceability. Claim drafting and responding to Office Actions with an eye towards enforcement will be a primary focus, and both will be addressed with short practical writing assignments. Coverage of the appeal process will include preparing a final written Appeal Brief (in compliance with 37 CFR § 41.37) and making oral arguments before a mock panel of Administrative Law Judges. Among other topics, the strategic use of the post issuance reissue and reexamination procedures, especially in anticipation of litigation, will also be addressed. Given the range of competencies covered and type of work assigned, this course is recommended for students who intend to practice patent or IP law.

Prerequisite: Patent Law.

LAW 1288 v00 Politics of Litigation and Litigation of Politics

J.D. Seminar (cross-listed) | 2 credit hours

Many of the most important and intense political disputes in American history have come before the federal courts. From the controversy about the Second Bank of the United States reflected in McCulloch v. Maryland, to the conflict about slavery at the core of Dred Scott, to the rise of interest group litigation by civil rights, religious, environmental, and other organizations, those opposed to prevailing laws and policies have taken their grievances to court. In recent years, a new breed of political litigation has proliferated. Increasingly, the losers in legislative battles have leapt immediately into the judicial arena, challenging the constitutionality of the laws enacted over their objection. Increasingly, politicians and the entities they control have deployed litigation as another tool in the partisan arsenal. And increasingly, federal courts have become the arbiters of political disputes between the other two branches of the Federal Government, and between the Federal Government and the States.

This course will use the legal challenges to the Affordable Care Act as an initial case study of how political disputes play out in litigation, from the trial courts to the Supreme Court. We will follow the pattern of political litigation into the Trump Administration, and assess the lessons from the partisan shift in the litigation. We will consider how and why partisan disputes generate litigation and discuss the issues this litigation raises regarding the appropriate role of courts in our democratic system. For the most part, though, the perspective will be practical, as we explore the legal, strategic, and tactical choices advocates make in bringing high profile political cases, in framing the legal issues, in harnessing the rules of procedure, and in managing the political features of the case -- both offensively and defensively, and both inside and outside the courtroom. We will discuss the hurdles litigants face in seeking to strike down federal laws, the particular challenges of representing the U.S. Government in defending those laws, and the conflicting pressures that bedevil advocates on both sides of the cases. In some of our sessions, students may be asked to strategize or to argue from the perspective of the plaintiffs or the defendant in the cases.

Prerequisite: Constitutional Law I: The Federal System (or Democracy and Coercion).

Recommended: Prior or concurrent enrollment in Federal Courts and the Federal System.

LAW 741 v00 Pre-Negotiation Strategies for Cross-Border Transactions

LL.M Course (cross-listed) | 2 credit hours

As economies globalize and organizations increasingly form cross-border relationships, there should be more focus on problems facing legal practitioners caused by cross-cultural differences. While international transactions comprise of distinct phases, the aim of this course is to explore the importance of pre-negotiation phase of international transactions. The legal training in the United States tend to devote far too little time and attention to the pre-negotiation phase than most of our counterparts from other countries. American lawyers generally want to “dispense with the preliminaries” and “to get down to cases” at the negotiation table. For seasoned lawyers and executives, however, this phase of Pre-negotiation is the most important stage to determine whether they want to negotiate at all and, if so, what they will talk about, and how, when, and where they will do it. Without a proper pre-negotiation phase, one may not get to that negotiation table, let alone explore any dispute resolution mechanisms.

Pre-negotiation phase can be characterized by information-gathering efforts to evaluate the parties’ interests and comprises of a process entailing rational choice to pursue negotiation or not. This course, “Pre-negotiation Strategies,” will attempt to introduce an analytical framework for understanding and formulating culturally responsive legal strategies for international lawyers. This highly interactive class will utilize case studies as well as various international agreements to highlight the importance of evaluating and analyzing the negotiating environment before it actually takes place. The course will address the need for practitioners to research and identify certain cultural mores and behavioral patterns in dealing with an unfamiliar culture as well as examine foreign bureaucracies, foreign laws, and multiple currencies in order to develop cross-culturally sensitive strategies in international transactions.

Active in-class participation and simulations will be required.

Note: First class attendance is strongly encouraged.

LAW 2081 v00 Presentation Skills for Academics

LL.M Seminar | 2 credit hours

First year S.J.D. students receive training in oral presentations and practice their skills in moot sessions for the Mid-Atlantic S.J.D. Roundtable at the end of the fall semester.

Upon completion of this course, students will have a greater understanding of and enhanced professional skill in creating and presenting listenable research and instructional presentations.

Note: This course is limited to S.J.D. students and requires departmental approval.

LAW 861 v00 Presentation Skills for International Lawyers

LL.M Seminar | 1 credit hour

The purpose of the course is to give to the students tools to improve their public speaking and oral presentation skills in English in a law-related context. To achieve this goal, the class will analyze how to build and deliver an effective presentation. Each student will engage in several presentation exercises, will be filmed and will receive feedback from the professor and from other students.

The expectation is that by the end of the semester, students will have reviewed and practiced key skills that support the effective preparation and delivery of informative and persuasive presentations on law-related topics. After taking this class, students should know how to adapt a topic to an audience, select information, structure and deliver a presentation, with emphasis placed on connecting with the audience.

Note: This class is mandatory for, and restricted to, students enrolled in the Two-Year LL.M. with a Certificate in Legal English. This course is graded on an honors-pass-fail basis.

LAW 682 v01 Presentation Skills for Lawyers Seminar (International LL.M.)

LL.M Skills | 2 credit hours

This seminar focuses on the communication skills lawyers are required to master. The seminar includes work on the preparation and presentation of informational briefings and persuasive speeches to both expert and lay audiences, from a listening perspective. The seminar does not address trial or appellate advocacy skills. In addition to lecture/discussions of the principles and techniques, students deliver presentations which are video-recorded, analyzed and critiqued by the seminar participants and the professor.

Learning objectives:

Upon completion of this course, students will have an understanding of and enhanced professional skill in creating and presenting listenable presentations.

Note: This class is only open to foreign educated LL.M. students (i.e., those students who do not have a U.S. J.D. degree).

LAW 859 v00 Private Equity & Hedge Funds: Taxation & Transactions

LL.M Seminar | 2 credit hours

Recent years have witnessed explosive growth in private equity funds and hedge funds. It is estimated that over $1 trillion is currently invested in hedge funds globally, and assets held by private equity funds may also exceed $1 trillion. Many law firms now have specialized practice groups focused on these investment vehicles, and the M&A tax practices of law firms and Big 4 accounting firms are often driven by private equity transactions. Given their rapid growth and economic clout, it is not surprising that private equity funds and hedge funds have attracted increasing attention in the tax-writing committees of Congress.

This course is designed to help students gain an understanding of the structure, economics, and taxation of these investment vehicles. The course will begin with a general overview of private investment funds, the different types of funds, and the main economic drivers affecting the fund, its investors, and the sponsor or general partner. We will then examine the major US tax issues that arise during the life of a fund, beginning with the consequences for investors and the general partner when the fund is organized. Students will study the partnership, corporate, and international tax issues that are common to each type of investment and to fund operations generally. Finally, the course will address the tax consequences of certain exit transactions, such as the sale of a portfolio company.

The course will also include recent legislative and regulatory developments affecting private equity funds, including the taxation of so-called “carried interests” (the profits interest earned by the general partner or sponsor).

Prerequisite: Federal Income Taxation (formerly Taxation I) and Corporate Taxation (formerly Taxation II) or Corporate Income Tax Law I.

Recommended: Partnership Taxation.

LAW 361 v57 Professional Responsibility

J.D. Course (cross-listed) | 2 credit hours

The basic two-credit Professional Responsibility course examines the professional and ethical obligations and duties of the lawyer in today's society. It examines the Model Rules of Professional Conduct. We spend considerable time discussing the real-life application of the rules to the practice of law. We examine the relationship of attorney to client as well as the attorney's ethical duty as a professional in relation to a moral duty to him or her self as well as to society as a whole, including representing (or refusing to represent) persons who are unpopular, guilty, or personally repugnant. The course also introduces students to the attorney disciplinary proceedings and how they work.

LAW 2026 v00 Professional Responsibility Law in the United States

LL.M Course | 2 credit hours

This course provides a practical and practice-oriented approach to the ethical, moral, and social issues that lawyers deal with in the practice of law. The primary objectives are to prepare students to recognize ethical problems when they arise; to identify the applicable authorities – in particular the rules of professional conduct – that are most likely to bear on the matter; and to arrive at a sound resolution. Necessary to these ends will be consideration of the ways in which the ethics rules address the often competing interests involved: those of clients, opposing parties, non-parties, the justice system as a whole, and lawyers themselves. 

Class discussions will focus primarily on the American Bar Association (ABA) Model Rules of Professional Conduct and the ABA Model Code of Judicial Conduct. Because disciplinary matters are largely the responsibility of state supreme courts, most of the cases we will discuss arise under the ethics rules adopted by individual states (which are often based on, but not always identical to, the ABA Model Rules). We will also discuss a limited number of federal cases that implicate ethical issues, including the recusal of judges and First Amendment considerations.

Although particular attention will be placed on the ABA Model Rules and other authorities that govern the resolution of ethical issues, some attention will be paid to putting the subject in a setting that encompasses both a macroscopic view of the role of lawyers in society and a more earth-bound understanding of the processes by which the professional responsibilities of lawyers are enforced. 

Prerequisite: Prerequisite for the Summer Experience section: Foundations of American Law

Note: This course is only open to foreign-educated LL.M. students (i.e., those students who do not have a U.S. J.D. degree). The summer section of this course is graded on a pass-fail basis. The fall and spring sections of this course are graded on an honors-pass-fail basis. There will be a scheduled take-home exam, date TBA. 

LAW 2082 v00 Project Development and Finance

LL.M Course (cross-listed) | 2 credit hours

This course will provide students with a fundamental understanding of the legal and practical issues involved in the development and financing of domestic and international infrastructure projects – with an emphasis on major energy infrastructure projects.

We will analyze in depth: (i) the structure of a project finance transaction – including the contractual relationships and risk allocation among parties; (ii) the substantive components of the primary project development agreements; (iii) key project financing concepts and documentation; and (iv) implications of environmental, regulatory and compliance regimes.

Classes will involve lectures and interactive discussion based on selected case studies and articles/publications reflecting projects currently in development and recent project financings. In addition, students will have the opportunity to review and discuss issues and negotiated points in actual project development agreements and financing documentation.

Mutually Excluded Courses: Students may not receive credit for both this course and Domestic and International Project Finance & Development: Case Studies; or the J.D. course, International Project Finance; or International Project Finance and Investment and Developing & Financing Infrastructure Projects.

LAW 3016 v00 Project Finance in the Public Sector: Theory and Practice of Public-Private Partnerships

LL.M Course (cross-listed) | 2 credit hours

Governments throughout the United States and globally are faced with acute demands for new or renewed infrastructure (e.g., highways, railways, courthouses, ports, bridges), but frequently the means and specialized expertise necessary to undertake and operate these critical facilities are deficient. Through public-private partnerships (PPPs), private actors can provide the capital necessary for public infrastructure, as well the expertise to construct and operate it. Properly structured, such transactions can offer significant cost savings of the life of the assets as well as significantly shorter development and construction periods (“speed to market”). Drawing on the lessons and techniques developed for project finance, PPPs represent innovative cooperative arrangements between governments and private entities to provide such infrastructure. Through readings, class discussions and case studies, the course will equip students with the fundamentals needed to evaluate, structure and negotiate the legal aspects of PPP formation, implementation and management.

Recommended: A basic understanding of corporations and business law from professional or past academic experience.

LAW 1340 v00 Project Management for Lawyers

J.D. Seminar (cross-listed) | 1 credit hour

Project management – or “the application of knowledge, skills and techniques to execute projects effectively and efficiently" – is an increasingly important skillset for lawyers to possess. Clients are demanding greater value, efficiency, transparency, and, most of all, cost reduction. Many professionals in the legal industry (first legal service providers and now big law firms) are turning to project management to meet these demands. Regardless of whether students are headed to the private or public sector, project management is an important element of the legal education for tomorrow’s lawyers. This course will familiarize Georgetown students with the basics of project management, enable students to define their value as lawyers in business terms, and establish appropriate metrics and measurements to evidence successes.

Note: This class will meet for four days of intensive sessions on the following dates in the Fall 2015 semester: 10/3, 10/4, 10/10, and 10/11.

ATTENDANCE IS MANDATORY AT ALL CLASS SESSIONS. All enrolled and waitlisted students must be in attendance at the start of the first class session in order to be eligible for a seat in the class and must attend each class session in its entirety.

Note: A student will be permitted to drop a course that meets for the first time after the add/drop period, without a transcript notation, if a student submits a written request to the Office of the Registrar prior to the start of the second class meeting. Withdrawals are permitted up until the last class for this specific course.

LAW 1340 v01 Project Management for Lawyers

J.D. Seminar (cross-listed) | 3 credit hours

Project management is “the application of knowledge, skills and techniques to execute projects effectively and efficiently. It is considered a strategic competency for organizations, enabling them to tie project results to business goals — and thus, better compete in their markets.” Project management is not a new concept to business or to government, but it is certainly trending among a broader audience more now than ever before. This is because clients are demanding greater value, efficiency, and transparency. Whether law students go on to work in a law firm or in the government, or they decide to hang out their own shingle, project management is an important element of their legal education.

In this course, students will learn how to apply the basic project management knowledge, skills, and techniques to execute legal projects effectively and efficiently. Additionally, this course will provide students with the skillset to define their value as lawyers in business terms and establish appropriate metrics to evidence successes.

  • Understanding inputs and outputs to project phases and knowledge areas
  • Developing a business case and selecting projects
  • Identifying, planning, measuring, and monitoring and controlling risk
  • Identifying, analyzing, planning communications, and managing stakeholder engagement
  • Earned value management and work performance data, information, and reports
  • Creating a network diagram, determining the critical path, and understanding how to “crash” the schedule
  • Determining whether to outsource the work or keep it in-house
  • Conducting a cost-benefit analysis for resources dedicated to project quality
  • Techniques to monitor and control quality
  • Tools for reporting project milestones, costs, and schedule information to various stakeholders
  • Techniques for communicating to clients

Note: This course will be enrolled via waitlist.

In Summer 2016, this course meets on the following days: June 10, 11, 12, 25, and 26. The Friday session will be held 12:15 p.m. to 4:45 p.m.; Saturday and Sunday sessions will be held 9:00 a.m. to 6:30 p.m.

ATTENDANCE IS MANDATORY AT ALL CLASS SESSIONS. All enrolled and waitlisted students must be in attendance at the start of the first class session in order to be eligible for a seat in the class and must attend each class session in its entirety.

A student will be permitted to drop a course that meets for the first time after the add/drop period, without a transcript notation, if a student submits a written request to the Office of the Registrar prior to the start of the second class meeting. Withdrawals are permitted up until the last class for this specific course.

LAW 2006 v00 Proseminar in National Security Law

LL.M Seminar | 3 credit hours

The Proseminar in National Security Law serves as the gateway course for National Security Law LL.M. Students, and it is one of the distinguishing features of the program. The Proseminar is composed solely of National Security Law LL.M. students. Taught in the fall semester, the course provides students with a foundation in cutting-edge national security law topics and an opportunity to think more broadly about the field. The Proseminar helps ensure that students who leave Georgetown Law to join different parts of the national security law dialogue—e.g., civilian and military government agencies, human rights organizations, boutique law firms, in-house at technology companies, contractors, civil liberties organizations, and academic institutions—have an opportunity to be in direct dialogue with each other.

Mutually Excluded Courses: Students may not receive credit for this seminar and Issues in Disarmament: Proliferation and Terrorism Seminar.

Note: This course is only open to LL.M students who are admitted into the LL.M in National Security Law Program.

LAW 995 v00 Public Health and International Investment Law

LL.M Seminar (cross-listed) | 1 credit hour

The objective of this 1 credit course is to introduce students to the relationship between international laws governing foreign investment and efforts to protect and promote human health. The course will examine the extent to which bilateral investment treaties (BITs) and investment chapters in trade agreements limit domestic regulatory autonomy in the field of public health. International investment law is comprised of over 2500 BITs, which govern the acceptance and treatment of foreign investment. BITs impose various rules limiting the freedom of domestic policy-makers, including rules governing national treatment, most-favoured-nation treatment (principles of non-discrimination), so-called fair and equitable treatment and expropriation of property rights. These rules are increasingly being used by foreign investors, including trans-national corporations, to challenge domestic regulations such as public health measures. For example, a major tobacco company recently filed arbitration claims challenging tobacco packaging regulations introduced by health authorities in Australia and Uruguay.

The course will address:

  1. the theoretical perspectives underlying the international law of investment and the concept of police powers (particularly the power to protect health);
  2. the different types of legal tests used to determine the regulatory legitimacy of a measure as well as the impact of varying standards of proof on analysis of this type;
  3. rules governing expropriation of property rights and the circumstances in which health and environmental health measures might be considered equivalent to expropriation;
  4. rules governing fair and equitable treatment as used in determining the legitimacy of domestic regulatory measures;
  5. rules governing non-discrimination and their potential impact on domestic health measures that are non-discriminatory in form;
  6. rules governing arbitrary or discriminatory measures; and
  7. procedural issues relating to the participation of civil society in the negotiation of investment treaties and the settlement of investment disputes.

Prerequisite: Familiarity with international law or global health law is desirable, but not required.

Note: ATTENDANCE IS MANDATORY AT ALL CLASS SESSIONS. All enrolled and waitlisted students must be in attendance at the start of the first class session in order to be eligible for a seat in the class and must attend each class session in its entirety.

A student will be permitted to drop a course that meets for the first time after the add/drop period, without a transcript notation, if a student submits a written request to the Office of the Registrar prior to the start of the second class meeting. Withdrawals are permitted up until the last class for this specific course.

The take-home exam in this course may be administered mid-semester and the specific exam date will be provided by the professor after the add/drop period.

LAW 3057 v00 Public Health Law & Policy in Global Perspective

LL.M Seminar (cross-listed) | 1 credit hour

This course will focus on four core issues: quarantine and criminal penalties, access to affordable medicines and intellectual property, the international and constitutional right to health, and how political institutions and race intersect and condition the effect of law on population health. By looking at these issues in both the United States and abroad, particularly in low- and middle-income countries, students will gain a comparative perspective about how law works in practice.

Utilizing HIV and tuberculosis as core case studies, students will explore how law and policy tools can have a significant impact on population health. Today, state actors continue to use law to address public health issues—with examples of both great successes and significant failures.

As public health law embodies both thorny ethical issues and empirical questions about the power of the state to affect health, examining the intersection of law and social science will reveal substantive issues in key health policy issues as well as the conditions under which law and legal advocacy affects wellbeing. HIV and TB, the world’s biggest infectious killers, provide a lens through which to better understand central issues in public health law and policy, which will then be linked to other health concerns in infectious, non-communicable, and environmental health.

This one-week class will be a blend of lectures, discussion, and small group work. Readings will include case law and legal theory as well as texts from political science, economics, and public health. At the end, students will have a better understanding of how and when the law matters for health—which will be of particular interest to students interested in litigation, lawmaking, and public health regulation.

Note: This course is mandatory pass/fail and will not count toward the 7 credit pass/fail limit for J.D. students.

Attendance at all class sessions is mandatory and all enrolled students must attend the first class in order to remain enrolled. Students on the wait list must attend the first class in order to be admitted off the wait list. Enrolled students will have until the beginning of the second class session to request a drop by contacting the Office of the Registrar. Once the second class session begins, students may only seek a withdrawal by contacting their academic advisor in the Office of Graduate Programs. Withdrawals are permitted up until the last class for this specific course.

LAW 364 v05 Public Health Law and Ethics

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

This course is intended to provoke thought and legal and ethical debate over pressing public policy issues surrounding the major health problems facing America and globally— e.g., infectious diseases, smoking, obesity, violence, injuries, and the environment. First, the course will examine the Constitutional and historical foundations of public health law in the United States. This section will discuss the Constitutional and statutory powers and duties of government to assure the conditions for a healthy and safe population, including the implementation of the Affordable Care Act. Second, the course will examine the conflicts between public health and civil liberties. For example, the course will probe conflicts between: (1) injury and disease surveillance and privacy; (2) labeling and advertising restrictions and freedom of expression; (3) personal control measures (e.g., screening, forced medical treatment and quarantine) and liberty; (4) commercial public health regulation and property rights. Finally, the course will examine the future of public health law. This "Future" includes a careful analysis of biosecurity—both naturally occurring (e.g., Ebola, pandemic influenza, Zika Virus) and intentional (e.g., bioterrorism such as smallpox and the anthrax attacks after September 11, 2001). This course should be important for all students considering careers in health law as well as those simply interested in exploring and debating the state of public health in America. It is a particularly unique opportunity for students given the expertise of Georgetown Law's own O'Neill Institute for National and Global Health Law.

LAW 364 v06 Public Health Law and Ethics

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

This course explores the interwoven dynamics of legal and ethical aspects of public health issues in the United States and abroad, including infectious diseases, tobacco use, obesity, and the environment, among others. This course will be valuable for students interested in global health law, as well as students looking to broaden and deepen their expertise in preparation for a career in health law more generally.

This course will proceed in three movements. First, it will consider the conceptual foundations of public health law in the United States through the lens of governance, ethics, and human rights, affording particular attention to the statutory and regulatory powers and duties of federal and state governmental entities to protect the health and safety of the population. Second, it will examine the sources of tension between the objectives of public health and civil liberties including, among others: labeling and advertising restrictions and free speech; disease surveillance and privacy; and considerations in personal versus population-based conceptions of health. Lastly, this course will conclude by considering emerging public health issues at the intersection of law and ethics, such as biosecurity, vaccine policy, and the role for public health in broader discussions around health care reform in the United States.

LAW 1081 v00 Public Interest Lawyering: Access to Health Care (Fieldwork Practicum)

J.D. Practicum | 3 credit hours

In fieldwork practicum courses, students participate in weekly seminars and conduct related fieldwork at outside organizations. This practicum course will focus on public interest lawyering in the context of access to health care. Students will participate in a two hour/week seminar and also undertake 5 hours/week of fieldwork with Whitman-Walker Health.

SEMINAR: This course explores public interest lawyering and the critical role that safety net benefits play in helping low-income people secure access to health care in the United States. As a community health center with a 30 year old a medical-legal partnership, Whitman-Walker Health leverages lawyers to address health harming legal problems and improve social determinants of health for DC’s diverse urban community with special focus on people living with HIV, the LGBT community, and individuals facing barriers to health care. Using fundamental lawyering skills – client intake, education, counseling, outreach, negotiation, and advocacy and analytic skills, we will focus on Medicare and Medicaid – the key government programs that provide assistance to economically vulnerable people - and the Affordable Care Act (ACA) as a mechanism for health insurance and improved patient protections. Using the District of Columbia (and its surrounding jurisdictions for comparison), students will examine eligibility rules, the benefits (and coverage) provided by these programs, and legal issues that arise requiring advocacy and influencing access to health care. We will also highlight safety net programs like the DC Healthcare Alliance and prescription drug assistance programs for specialty populations like the AIDS Drug Assistance Programs. The course will incorporate changes to the social safety net posed by the new Presidential Administration.

FIELDWORK: The fieldwork part of this course will focus on assisting low-income area residents navigate their Medicare Part D prescription drug benefit and making changes, if needed, during the annual open enrollment season. Within open enrollment, all Medicare beneficiaries have the opportunity to review their prescription drug needs to confirm that their particular Part D plan will meet their needs for the following year. This review process is complex and without assistance, most enrollees will not complete the process. The Medicare Part D open enrollment season illustrates the technical eligibility and benefits concepts presented throughout the semester, the complex systems that individuals must navigate in order to access care in our country, and the importance of strong client interviewing and counseling skills to educate and advise clients about these issues. Fieldwork will include brief research and writing, client outreach and counseling, Medicare Part D case analysis, preparation for various legal clinics (Transgender Legal Clinic, Healthcare Power of Attorney, Social Security Disability, and Medicare Part D), and staffing Medicare Part D clinics. The course materials and experiential learning will provide a technical and practical foundation for students interested in pursuing a career in legal services and/or public policy affecting low income populations and their ability to access health care.

Prerequisite: Students must complete the required first-year program prior to enrolling in this course (part-time and interdivisional transfer students may enroll prior to completing Criminal Justice, Property, or their first-year elective).

Mutually Excluded Courses: Students may not concurrently enroll in this practicum and an externship, clinic, or another practicum course.

Note: This practicum course is open to LL.M. students, space permitting. Interested LL.M. students should email Louis Fine (fine@law.georgetown.edu) to request admission.

This course is suitable for evening students who can commit to attending class and working 5 hours/week (during business hours) on site at Whitman-Walker Health, located in Northwest DC.

This is a three credit course. Two credits will be awarded for the two-hour weekly seminar and one credit for approximately 5 hours of supervised fieldwork per week, for a minimum of 11 weeks, to be scheduled with the faculty. The supervised fieldwork must be completed during normal business hours. The two-credit seminar portion will be graded. The one credit of fieldwork is mandatory pass/fail. Students will be allowed to take another course pass/fail in the same semester as the fieldwork.

Students who enroll in this course will be automatically enrolled in both the seminar and fieldwork components and may not take either component separately. After Add/Drop, a student who wishes to withdraw from a practicum course must obtain permission from the faculty member and the Assistant Dean for Experiential Education. The Assistant Dean will grant such withdrawal requests only when remaining enrolled in the practicum would cause significant hardship for the student. A student who is granted permission to withdraw will be withdrawn from both the seminar and fieldwork components.

Default attendance rule for all practicum courses (unless the professor indicates otherwise): Regular and punctual attendance is required at all practicum seminars and fieldwork placements. Students in project-based practicum courses are similarly required to devote the requisite number of hours to their project. If a student must miss seminar, fieldwork, or project work, he or she must speak to the professor as soon as possible to discuss the absence. Unless the professor indicates otherwise, a student with more than one unexcused absence from the practicum seminar (out of 13 total seminar sessions), or one week of unexcused absences from the fieldwork or project work (out of a total of 11 weeks of fieldwork or project work), may receive a lower grade or, at the professor’s discretion, may be withdrawn from the practicum course.

LAW 1180 v00 Public Welfare Law

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

Few areas of law define a society’s values more clearly than welfare law. In addition to obvious humanitarian concerns cited when programs for low-income people are established, policy judgments in this area are inevitably tinged with attitudes about the distribution of wealth, race, gender, and the scope that should be allowed to personal autonomy.


Traditionally, lawyers representing low-income people and social scientists have approached these issues separately from one another. Public officials often have ignored both. The result all too often has been litigation that fails to take full advantage of available research, policy analysis founded on unrealistic assumptions about the operations of human services programs, and legislation more reflective of slogans than a fair-minded response to the issues at hand. In different ways for each of these groups, the 1996 welfare law was a watershed event. It fundamentally changed what is possible in social policy, how social welfare issues are discussed, and the functions of lawyers, social scientists, and policymakers.


In the wake of that legislation, this course seeks to bridge these historical differences to build a more comprehensive understanding of where social welfare law has been, where it is likely to go in the future, and what are the best strategies available to lawyers seeking to influence its course. To that end, we will read a mix of historical materials, basic social science research, policy analysis, cases, and theoretical materials on many of the most important issues involving means-tested public benefit programs. Roughly half of the course will consider the basic structure of those programs as it had evolved prior to 1996, a structure that still survives in many significant respects. The remainder will consider the changes wrought by the 1996 legislation and what they portend for the future.


Each student will be expected to write two short reaction papers during the course of the term on a topic related to that week’s readings. This would help focus discussion for that week. At the conclusion of the term would be a take-home final examination. Evaluation would be based on the two reaction papers, contributions to class discussion, and the final exam.

LAW 3067 v00 Public-Private Partnerships: Law and Governance

LL.M Seminar (cross-listed) | 2 credit hours

Public-Private Partnerships (PPPs) are a modern means for pursuing social and policy outcomes. When they work, they mobilize the comparative advantages of the public and private spheres to address key challenges. When they fail, critics cite their worst aspects and argue for a retreat into more traditional roles. Their prevalence means that everyone is likely to come across, and be affected by, such a partnership at some point in their careers.

Bridging theory and practice, students will have the opportunity to understand why PPPs have emerged and the theoretical basis under which they operate. They will also receive practical tools and knowledge to allow them to work with or within a PPP and discuss and debate sophisticatedly how they should be managed and governed.

To do this, the course will analyze three kinds of PPPs: global health partnerships, innovative finance institutions, and biomedical research consortiums. The course will examine applicable international, corporation, and regulatory law along with the public-sector and corporate governance norms used to operate these institutions. It will also consider conflicts of interest and how they may be managed. Finally, students will have the opportunity to participate in a lab exercise to form a PPP using the tools they have developed over the course of the semester.

LAW 1488 v00 Race and Voting Rights

J.D. Seminar (cross-listed) | 2-3 credit hours

This seminar will examine federal law and policy regarding voting rights, with a focus on requirements for equal treatment of racial, ethnic, and language minorities. Included are federal protections against racial discrimination and vote dilution under the constitution and Voting Rights Act; aspects of federal law on redistricting and racial gerrymandering; language assistance protections; the racial impact of state-law voter qualifications (including voter identification requirements, documentary proof-of-citizenship statutes, and felon disenfranchisement laws). Students in this seminar will engage with the constitutional, statutory, and doctrinal foundation for racial nondiscrimination in voting, and will also consider the application of that foundation to current legal and policy debates about voting rights and election participation.

Learning Goals

A. Develop an understanding of foundational legal principles. Students will gain a working understanding of voting rights law as it affects the opportunity for equal and nondiscriminatory participation by racial and ethnic minorities, including congressional authority to prohibit discrimination in voting, protection of minority interests in redistricting, regulation of voter qualifications and registration requirements, and protections for language minority groups.

B. Synthesize and apply foundational principles to contemporary problems in voting. In addition to studying the central legal principles established by the Constitution, federal statutes, and key Supreme Court cases, students in this seminar will also develop an understanding of how to synthesize those foundational sources and apply them to current legal debates regarding voter participation and access to the ballot.

C. Refine presentation skills. The class participation and research presentation requirements of this seminar will require students to develop their skills both in speaking about legal issues and in engaging in critical exchanges with classmates about legal issues.

Recommended: Constitutional Law II: Individual Rights and Liberties.

Note: This seminar requires a paper. Students must register for the 3 credit section of the seminar if they wish to write a paper fulfilling the Upperclass Legal Writing Requirement. The paper requirements of the 2 credit section will not fulfill the Upperclass Legal Writing Requirement.

LAW 1389 v00 Racialization and American Law Seminar

J.D. Seminar (cross-listed) | 2-3 credit hours

This course explores the many ways in which law is implicated in histories of racial differentiation and subordination in the United States. Beginning with histories of colonial settlerism, native dispossession, and black bondage, this course will explore the distinctly racial character of capital accumulation, in the United States and now globally. We continue though the revolutions of emancipation, racial segregation, and selective migration, to understand the racialized patterns of economic inequality rooted in our present. Though the readings assigned in this course have been selected to provide students with a richly historical framework for understanding contemporary crises, students are encouraged to introduce questions that concern them most immediately. Students are also encouraged to think critically across intersections of race, class, gender, and sexuality.

There are no prerequisites for this class, but students should be prepared to engage with variety of materials, not limited to legal cases or statutes. Students will be introduced to foundational essays in the critical legal tradition, as well as emerging interdisciplinary scholarship in postcolonial studies, critical indigenous studies, black radicalism, ethnic / American studies, and feminist / queer studies.

Students will be expected to draft short weekly reflections, to participate in leading our seminar discussion at least once during the semester, and to submit a final paper on a topic of their own choosing.

Note: J.D. students must register for the 3 credit section of the seminar if they wish to write a paper fulfilling the J.D. Upperclass Legal Writing Requirement. The paper requirements of the two-credit section will not fulfill the J.D. Upperclass Legal Writing Requirement.

LAW 440 v03 Refugee Law and Policy

J.D. Course (cross-listed) | 2 credit hours

This course examines international and domestic refugee law and policy, with a strong emphasis on the adjudication of asylum claims in the U.S. Immigration Court system. This participatory class highlights practical applications of international refugee concepts to the U.S. legal system, with particular focus on refugee-related claims in U.S. Immigration Court. We will learn as a group through focused dialogue, persuasion, issue identification, and concise, well-organized writing on the take-home final examination. After looking at the nature of forced migration, the course concentrates on the origins of modern refugee law, the institutional framework for refugee protection in the U.S., and the history of U.S. refugee policy. We will examine the definition of "refugee" in international conventions and under U.S. law, with emphasis on such topics as: What constitutes persecution? What forms of persecution support an asylum claim? What conduct renders an applicant ineligible for asylum? How does fraud affect the asylum system? How are persons fleeing violence (rather than persecution) treated? We will also discuss procedures for adjudicating asylum claims, rights of asylum seekers, detention, temporary protection for those fleeing civil wars or natural disasters, and the toughest issues facing judges, other asylum adjudicators, and policy makers at all levels of the U.S. system. We will consider asylum claims based on gender and domestic violence. Beyond the substantial normal class work, this course requires students to observe 4-6 hours of refugee-related hearings (during normal business hours) at the U.S. Immigration Court in Arlington, Virginia (Crystal City Metro stop).

Note: Priority is given to students fulfilling the requirements of the Certificate in Refugees and Humanitarian Emergencies.

LAW 440 v04 Refugee Law and Policy

J.D. Course (cross-listed) | 2 credit hours

This course examines domestic refugee law and policy, with particular focus on asylum and other refugee-related claims for protection that arise in the U.S. legal system. Students will become familiar with the key actors in the asylum and refugee law arena, including the U.S. Congress, the Department of Justice, the Department of Homeland Security, the federal courts, and international entities.

The course objectives are: (1) to equip students with an understanding of the principles of refugee policy, asylum law, and the United States' procedures for refugee protection, and (2) to provide students with a practical appreciation of how refugee policy is formed and a working knowledge of asylum law, which will serve as a foundation for academic research, clinical study, employment, pro bono work, and/or internship opportunities within the U.S. government and the NGO community.

In addition to focusing on the refugee definition as interpreted by U.S. courts, we will examine the processes for adjudicating asylum claims -- where the system works and where it fails. We will also seek to understand the limits of asylum law and explore the toughest issues facing asylum adjudicators and policy makers today.

Note: Priority is given to students fulfilling the requirements of the Certificate in Refugees and Humanitarian Emergencies.

LAW 896 v00 Regulated Money Management: Mutual Funds and Investment Advisers

LL.M Course | 2 credit hours

This course is an introduction to the law and practice relating to two of the best known forms of money management in the United States: mutual funds registered with, and regulated by, the Securities and Exchange Commission; and investment advisers. The course focuses on the regulation of mutual funds and other investment companies under the Investment Company Act of 1940, and investment advisers under the Investment Advisers Act of 1940. The course begins by addressing important threshold questions of who or what is an investment company or investment adviser. The course then moves to an examination of the laws and policies applicable to: registration with, and regulation by, the SEC; disclosure to investors and clients; conflicts of interest faced by money managers; governance of funds and theirmanagers; marketing practices of funds and money managers; fees, charged by funds and advisers; and other aspects of fund and adviser operations. Among the types of investment companies and advisory services that are discussed in the course are: closed-end funds, money market funds, exchange traded funds, private funds, asset allocation programs, and services to retirement plans. Throughout the semester, hot topics of the day including the asset management, business and investment management law are considered such as new legislation, (e.g., the Dodd-Frank Act,) important initiatives in fund disclosure, and potential misuse of material, non-public information.

Note: First class attendance is strongly encouraged for all enrolled and waitlisted students

LAW 1459 v00 Regulation and Deregulation in the Executive Branch Seminar

J.D. Seminar (cross-listed) | 3 credit hours

Most federal regulation comes from the Executive Branch. Cabinet departments and agencies issues rules affecting everything from the environment to the workplace, from prisons to highways. Presidents issue executive orders initiating and rolling back areas of regulation. This seminar will address the authority behind such executive branch actions, the legal requirements they must meet, and the limits on their legal effects. It will address underlying constitutional, statutory, and institutional factors, as well as how potential changes to our regulatory system could affect what, when and how the Executive Branch can regulate. This course is open to all 2L, 3L and LLM students.

LAW 2054 v00 Regulation of Derivatives

LL.M Seminar (cross-listed) | 2 credit hours

Current issues in US federal and state laws and regulations affecting FinTech, energy, securities, forex and related derivatives trading, including swaps, futures, and options markets. Topics include: (1) overview of the history of derivatives and commodity trading generally; (2) the concepts of hedging and speculation; (3) development of derivatives regulation in the U.S. during the 20th and 21st century and the evolution of the Commodity Exchange Act of 1936 (CEA); (4) the current jurisdiction of the Commodity Futures Trading Commission (CFTC) and the Securities and Exchange Commission (SEC) in the post-Dodd-Frank world; (5) application of commodity trading and derivatives statutes and regulations to new products, such as bitcoin, blockchain and other FinTech innovations; (6) analysis of energy and emissions-based derivatives; (7) application of certain securities and banking statutes and regulations to derivative transactions (e.g., the Volcker Rule); (8) registration and regulation of market participants, such as brokers, hedge fund operators, investment advisers, swap dealers; (9) administrative and injunctive enforcement powers involving violations of the CEA; (10) current developments in self-regulatory oversight; and (11) foreign market access to derivatives trading and developments in the EU.

LAW 1390 v00 Religion and Constitutions in Global Perspective Seminar

J.D. Seminar (cross-listed) | 2-3 credit hours

All constitutions around the world deal with religion. This course examines core aspects of the interrelation between religion and law in constitutional systems globally. We will explore the role of religion and the state in comparative contexts drawn from Asia, the Middle East, and Europe. Some constitutional systems are theocratic, some accommodate religion, while yet others advocate neutrality toward religious institutions or call for a strict separation between religion and the state. We will evaluate the challenges faced by these different models of church (or mosque) and state relations in our modern world. To what extent is liberal constitutionalism consistent with constitutional designs that privilege a particular religion? Should the  principle of secularism, or religious establishment, ever be placed beyond the  realm of constitutional change, such as through unamendable constitutional clauses?

The course will also consider the individual right of religious freedom and the scope of its protection globally. What counts as “religion” and religious freedom? Who is better placed to make these determinations—the courts, legislature, executive, or the people? We will discuss controversies relating to these questions, such as religious conversion, apostasy cases, and the bans on religious dress, like burkinis and headscarves, in some contexts. This course will also explore contemporary global issues on religion, like those relating to multicultural accommodation as well as the intersection of law, religion, and gender.

Note: This seminar requires a paper. J.D. students must register for the 3 credit section of the seminar if they wish to write a paper fulfilling the Upperclass Legal Writing Requirement. The paper requirements of the 2 credit section will not fulfill the J.D. Upperclass Legal Writing Requirement.

LAW 1038 v00 Religion and the Work of a Lawyer Seminar

J.D. Seminar (cross-listed) | 2 credit hours

For some, the ways in which we think about legal questions, and about our own work as lawyers, are related to our religious or spiritual outlook. The seminar will explore the content of that relation, and such questions as: is such a connection appropriate only as a private matter, not to be brought into the evaluation of policy questions or even into conversation, except with one’s chosen intimates? Can its importance to our legal thinking be honored in a manner that honors too our political commitment to pluralism and freedom of conscience? What is the difference, if any, between religious and secular sources of values? How may one integrate a religious commitment with a career as a lawyer? This is not a seminar on the law of the First Amendment, although it may affect our understanding of some of the controversies.

This seminar requires a series of short reflection and reaction papers which aim to facilitate thoughtful student participation in seminar discussions throughout the course. The final paper is not a research project, but a short engagement (about 8 pages) with a particular set of issues arising from across the range of topics covered in the course. This course does not satisfy the JD Upper Level Writing Requirement.

LAW 1196 v00 Religion, Morality and Contested Claims for Justice Seminar

J.D. Seminar (cross-listed) | 2 credit hours

This interdisciplinary seminar will examine theories of justice and the relationship between law and morality in light of religious and theological visions of the good life and accounts of order. Materials and discussions will probe questions such as: What are the moral values underlying the law? How does the law achieve justice or fall short of this goal? How can moral judgments be brought to bear, if at all, in modern, secular legal institutions and in the formation of public policies?

Throughout the class we will have opportunities to consider how morality and ideas of justice shape, and are shaped by, contemporary legal problems such as: the legal regulation of sexual activity and marriage, controversies regarding federally mandated health insurance, abortion, euthanasia and physician assisted suicide, immigration, regulation of financial institutions, and/or other issues which emerge as topics of particular student interest.

Particular attention will be paid to understanding methods for dialogue across differing thought systems and disciplines and to developing the skills for communication across claims that would otherwise tend to generate religious and political polarization.

This seminar requires a series of short reflection and reaction papers which aim to facilitate thoughtful and active student participation in seminar discussions throughout the course. This course does not satisfy the JD Upper Level Writing Requirement.

LAW 1339 v00 Religion, State and Multiculturalism Seminar

J.D. Seminar (cross-listed) | 2 credit hours

Religious minorities in Western democracies are seeking legal accommodations, especially the freedom of maintaining an autonomous judiciary to handle internal family law matters. Drawing on the rich experience of countries where such accommodations were granted, the subject will inquire into the legitimacy and problems associated with such accommodations. In doing so, the subject will draw on modern theories of multiculturalism. Principal topics will include: Liberal multiculturalism, theory and practice; Group accommodations in a democracy; A survey of religious groups and illiberal practices; Traditional schemes of religious accommodations, with special reference to the Ottoman millet system; The reality of religious accommodations in Western democracies; The reality of religious accommodations in the Middle East, with special reference to Israel.

Note: In Fall 2015, this course will meet on Mondays and Wednesdays, 9:00 am - 11:00 am on the following days: 8/31, 9/2, 9/14, 9/16, 9/21, 9/23, 9/28, 9/30, 10/5, 10/7, 10/13 (Monday classes meet), and 10/14. Please note there will be an additional class meeting scheduled at a later date.

Note: Withdrawals are permitted up until the last class for this specific course.

LAW 1194 v00 Renewable Energy Seminar: Policy, Law and Projects

J.D. Seminar (cross-listed) | 2 credit hours

This seminar provides an overview of the policy and legal frameworks driving the growth of the U.S. renewable electric power industry (primarily in the wind and solar sub-sectors); the key contractual documents necessary to develop and finance wind and solar power projects; and the legal and market issues facing the renewable electric sector going forward. In addition, the course will explore policy options and new business model innovations that have emerged as possible ways to create alternative sources of capital and project finance structures for renewable projects. After becoming familiar with the policy and market landscape for renewable power projects in the U.S., students (working in groups) will review a set of hypothetical renewable power project documents to analyze potential risks and mitigants for a typical project investor. Students will summarize their findings and present to an “investment committee” comprised of legal and finance practitioners active in the renewable project development and finance industry.

Learning Objectives:

  1. Develop baseline knowledge of key state and federal laws and policies impacting the development and financing of wind and solar energy projects in the U.S., and the interplay between such different levels of regulation.
  2. Demonstrate an ability to analyze and explain a particular state's regulatory regime in respect of the development of certain renewable energy projects located therein.
  3. Develop an understanding of the main legal documents (a) governing project development and (b) for project financing, and key provisions (including risks and mitigants, and market commercial terms) for each.
  4. Demonstrate an ability to, in cooperation with an assigned team, utilize such background knowledge to analyze a specific set of wind or solar project development documents, including the risks and proposed or actual mitigants in respect of the development and financing of such project.

LAW 1019 v00 Renewable Energy, Internet, Uber: Bringing Competition to Historically Monopolistic Industries

J.D. Seminar (cross-listed) | 2-3 credit hours

Our major infrastructural industries—electricity, gas, telecommunications, transportation and water—were historically controlled by monopolies. Introducing competition into these industries, an effort largely begun in the 1970s and continuing to this day, has been a struggle. Numerous battles before legislative bodies, regulatory agencies and courts, at the state and federal levels, has produced a distinct body of law. That body of law—the law of introducing competition into historically monopolistic industries—is the subject of this course.

Regardless of the industry or era, the regulation of infrastructural monopolies and their competitors has had five common elements: its mission (to align utility performance with the public interest); its legal principles (ranging from the state law on exclusive monopoly franchise to federal constitutional protection of shareholder investment); policy flexibility (accommodating multiple market structures—from monopolies to competition; and public purposes—from reliability to environmental accountability); reliance on multiple professions (law, economics, finance, accounting, management, engineering and politics); and formal administrative procedures, such as adjudication and rulemaking.

Today, political challenges are causing policymakers to stretch regulation's core legal principles. Four examples of these challenges are: climate change (e.g., To what extent should we make utilities and their customers responsible for "greening" energy production and consumption?); universal service (e.g., Should we bring broadband to every home, and at whose cost?); privacy (How do regulators induce personal changes in energy consumption while protecting the related data from public exposure?); and protection of our infrastructure from hackers, terrorists and natural catastrophes.

Complicating these political challenges are two sources of constant tension: ideology (e.g., private vs. public ownership, government intervention vs. "free market"); and state federal relations (e.g., Which aspects of utility service are "national," requiring uniformity, and which are "local," warranting state experimentation?).

In this field—in which there are many jobs as baby boomers hired in the 1970s retire—regulatory lawyers play varied roles. They advise clients who are suppliers or customers of regulated services, represent parties before regulatory tribunals, advise those tribunals or their legislative overseers, and challenge or defend those tribunals on judicial review. Using Georgetown's Zoom platform, students will have opportunities to interact with practitioners playing each of these roles.

Note: This seminar requires a paper. J.D. students must register for the 3 credit section of the seminar if they wish to write a paper fulfilling the Upperclass Legal Writing Requirement. The paper requirements of the 2 credit section will not fulfill the J.D. Upperclass Legal Writing Requirement.

LAW 260 v02 Research Skills in International and Comparative Law

J.D. Seminar (cross-listed) | 2 credit hours

This two-credit course will instruct students in understanding the relationship between the sources of public and private international law in a theoretical sense with their actual embodiment in tangible and electronic media. Comparative law bibliography and sources will be covered, as will selected jurisdictions in the civil law tradition. With regard to locating legislation and jurisprudence, students will learn which topics are usually covered in a civil code, and how to deal with problems of language and translation. Separate, in-depth sources will be explored for one or more of the following: international criminal law, international environmental law, international human rights, international trade law and arbitration, commercial law and intellectual property, family law as an international and comparative law topic, and documentation for intergovernmental organizations, chiefly the United Nations bodies, regional organizations, and the European Union. Grading will be based on weekly in-class or homework assignments that allow the student to use and evaluate the various sources; a brief oral presentation on a foreign legal system; and a final research guide on an international law topic or an international organization.

Recommended: International Law I: Introduction to International Law.

Mutually Excluded Courses: Students may not receive credit for both this course and the International and Foreign Legal Research Seminar or Legal Research and Communication Theory in International and Foreign Law.

LAW 260 v03 Research Skills in International and Comparative Law

J.D. Seminar (cross-listed) | 1 credit hour

This short course will familiarize students with the sources of public and private international law and their embodiment in tangible and electronic media. Comparative law bibliography and sources will be covered, as will selected jurisdictions in the civil law tradition. Students will learn which topics are usually covered in a civil code, and how to deal with problems of language and translation when researching foreign legislation and jurisprudence. In addition, in-depth sources will be explored for a variety of specialized topics, such as international criminal law, international environmental law, international human rights law, international trade law and arbitration, transnational commercial law and intellectual property disputes, and comparative family law. Documentation for intergovernmental organizations, chiefly the United Nations bodies, regional organizations, and the European Union, will be covered as well. Grading will be based on weekly homework assignments that allow the student to use and evaluate the sources discussed in class and on a final project consisting of a research guide on an international law topic, an international organization or the law of a foreign jurisdiction.

Recommended: Prior or concurrent enrollment in International Law I: Introduction to International Law.

Note: In Spring 2017, this class will meet on the following Thursdays: 1/19, 1/26, 2/2, 2/9, 2/16, 3/2, and 3/9.

Students may not withdraw from this class after the add/drop period ends without the permission of the professor.

LAW 260 v04 Research Skills in International and Comparative Law

J.D. Seminar (cross-listed) | 2 credit hours

Whether they are representing couples in transnational adoptions or multinational enterprises in cross-border mergers, legal practitioners increasingly are expected to consult international and foreign legal materials. This course will familiarize students with the best tools for researching international law and the domestic law of jurisdictions outside the U.S., enabling them to approach these tasks with confidence, rather than trepidation. Students will learn how to efficiently locate multilateral and bilateral treaties, decisions issued by international tribunals, documentation produced by the United Nations and other international organizations, as well as legislation and case law from selected foreign jurisdictions, including the European Union. Tools for topical research in specialized fields, such as human rights, international trade, and investor-state arbitration, also will be covered. Students will refine their information-gathering skills through a series of in-class research exercises and take-home quizzes based on real world, practice-oriented scenarios. This course will be especially beneficial for journal editors, students participating in the Jessup International Moot Court competition and other international competitions, and for students interested in pursuing careers in international law or in practicing law outside their home jurisdiction.

Recommended: Prior or concurrent enrollment in International Law I: Introduction to International Law.

LAW 837 v00 Research with Human Subjects: Law, Policy & Ethics

LL.M Seminar (cross-listed) | 3 credit hours

This course provides an opportunity to explore issues related to the use of humans as research subjects. The course will begin by examining the history of human subject research, including the abuses that led to the creation of our modern legal protections. Following a discussion of the ethical principles of research involving humans, we will carefully explore the legal treatment of human subjects, focusing on US regulations and international instruments. Core sources will include: the Common Rule (45 CFR 46), Belmont Report, Declaration of Helsinki, Nuremberg Code, and CIOMS. After exploring a series of foundational themes and issues through the first half of the semester, the remainder of the class will focus on in-depth case studies. Topics may include: international research, research involving vulnerable populations (children, prisoners, and pregnant women), informed consent, research on subjects with impaired decision-making abilities, genetic/genomic research, risk-benefit analysis, coercion/undue inducement, use of placebos, and IRB governance.


This seminar provides opportunities for participants to engage in a research and writing project related to humans as research subjects. Participants will conduct independent research and scholarly writing on important problems at the intersection of law, policy and ethics.

Note: This seminar requires a paper. J.D. students must register for the 3 credit section of the seminar if they wish to write a paper fulfilling the Upperclass Legal Writing Requirement for JD students. The paper requirements of the 2 credit section will not fulfill the Upperclass Legal Writing Requirement for JD students.

LAW 712 v00 Rethinking Securities Regulations & the Role of the SEC

LL.M Seminar (cross-listed) | 2 credit hours

Crisis often brings change. The stock market crash of 1929 prompted Congressional hearings that eventually produced revolutionary legislation: the Securities Act of 1933, which regulated U.S. securities offerings; and the Securities Exchange Act of 1934, which regulated securities markets and established the SEC. Like the financial meltdown 80 years ago, the current financial crisis has sparked a critique of the U.S. financial regulatory system. Having witnessed a Ponzi scheme of unprecedented magnitude and the near decimation of venerable Wall Street firms, scholars, lawmakers, regulators, and investors have questioned the appropriateness of our current regulatory framework and the role of the SEC.

The first part of the course will focus on understanding the events that prompted the 1933 Act, the 1934 Act, the Investment Company of 1940, the Investment Advisers Act of 1940, and the establishment and growth of the SEC. Perhaps not surprisingly, many of those same policy considerations are driving current discussions within the Commission, in Congress, and in the Administration. The second part of the course will examine particular aspects of securities regulation from both substantive and organizational viewpoints, including the regulation of public companies, investment companies, and investment advisors, with an emphasis on the inner workings of the SEC. We will study the current functions played by the Commission’s various divisions and offices as we explore the pros and cons of the existing regulatory architecture and the initiatives under consideration at the SEC and within Congress. The final segment of the course will focus on the future of the SEC and financial regulation in the U.S. We will review current reform proposals, including the so-called “Treasury Blue Print,” and other ideas for reorganizing the system. We will have speakers including present and former senior officials from the SEC and the financial industry.

This course is open to both JD and LLM students and is recommended for students who wish to gain a deeper understanding of the SEC or may be considering an externship with the Commission.

Prerequisite: Prior or concurrent enrollment in Securities Regulation.

Note: DISTANCE STUDENTS REGISTER FOR CRN#: 35249. This course is open to both on campus and distance students. However, only students enrolled in the Executive LL.M. in Taxation, the Executive LL.M. in Securities & Financial Regulation, and the MSL programs may take this course on a distance basis. All J.D. students and resident LL.M. students may not enroll in this course on a distance basis.

LAW 1293 v00 Rights of Indigenous Peoples in Comparative and International Law

J.D. Seminar (cross-listed) | 2 credit hours

This seminar focuses on the rights of indigenous peoples from the viewpoint of comparative and international law. We will look into the origins of the laws affecting native peoples, how they have changed over the years, and how differently these issues have been handled in various parts of the world. We will also look into the efforts to create an international law on the rights of indigenous peoples.

In this seminar, students can choose their paper topics from a list provided by the professor or can choose their own with the professor’s approval. Some of the class sessions will be based on the topics students choose for their papers. Each student will do a one-hour presentation of his or her paper and lead the discussion on it.

The professor will also supply a list of books and a few films designed to give students further insight into the issues covered in the seminar. Each student will select one book (or a film and a book) and will lead discussion in class when we are dealing with a related subject.

There will be no written examination. Grade will be based 80% on the paper and 20% on class participation.

LAW 382 v00 Roman Law

J.D. Course (cross-listed) | 2 credit hours

The subject matter is classical Roman law as it was born, developed, and reached maturity by about 160 CE. The first half of the semester focuses mainly on constitutional structures; the second part on contracts and tort, including practical exercises on reported ancient cases. Whenever is possible and useful, the expositions and explanations are given in a comparative manner vis-à-vis the common law of English origin. A student who completed this course should have enough knowledge and skill to begin a career of iurisprudent (wise person of the law); that is, they should be considered qualified to assist the Magistrate in his daily work at the Roman Forum; a position similar to that of clerking for an American judge.

LAW 403 v04 Rule of Law and the Administration of Justice

J.D. Seminar (cross-listed) | 2 credit hours

This course offers students an opportunity to learn about the emerging field and practice of strengthening the Rule of Law. It employs a case study methodology, including specific sessions for dialogue and interaction with judges from the U.S. judiciary who have been directly engaged in rule of law programs. Topics include: definitions of the “rule of law”, national security reforms, access to justice, criminal procedural reform, court administration and case management, commercial courts and alternative dispute resolution (ADR), challenges to judicial independence, post conflict/transitional justice, and indicators of corruption in the legal system itself. We will consider the rationale behind rule of law reforms by examining experiences in countries, including the U.S., seeking more competitive market economies, stronger law enforcement (domestically and internationally), greater social justice and/or responses to an increase in demand from users (individuals/businesses). The course will also address the often overlapping or inconsistent agendas of bilateral donors, regional and international organizations (e.g. OECD, U.N., World Bank, International Monetary Fund, USAID, Inter-American Development Bank, among others) in our analysis and discussion.

Learning Objectives:

  • At the end of the course. Students will have acquired an understanding of the various definitions of ‘rule of law’ and the factors leading to and preventing successful reform efforts.
  • At the end of the course, students will have acquired some understanding of the differences and similarities among international financial institutions (IFIs) and their approaches to Rule of Law to be able distinguish varying objectives (e.g. democracy promotion, economic development, human rights and social justice, anti-corruption and law enforcement).
  • At the end of the course, students will have acquired a vocabulary and understanding of overlapping (and even inconsistent agendas) to be able to identify the “drivers” of reform and provide inputs for the design or evaluation of Rule of Law reform efforts.

LAW 772 v00 S Corporation and LLC Taxation

LL.M Course | 2 credit hours

Examines the business and tax issues encountered when using either an S corporation, a limited liability company, or a combination. Most of the course focuses on S corporation taxation rules including eligibility requirements, elections, revocations and terminations, corporate level taxes, distributions, loss utilization, compensation planning, and merger and acquisition transactions. Regarding limited liability companies (LLC), areas covered are formation and classification, conversions, application of partnership rules, and compensation. Business considerations and practical tax planning opportunities, as well as choice of entity fundamentals, are highlighted throughout the course.

Prerequisite: Federal Income Taxation (formerly Taxation I); Corporate Income Tax Law I; Prior or concurrent enrollment in Taxation of Partnerships.

Note: DISTANCE STUDENTS REGISTER FOR CRN#: 35403. This course is only open on a distance basis to students enrolled in the Executive LL.M. in Taxation, the Executive LL.M. in Securities & Financial Regulation, and the MSL programs. All J.D. students and resident LL.M. students may not enroll in this course on a distance basis.

LAW 3064 v00 S.J.D. and Fellows Seminar

LL.M Seminar | 3 credit hours

The SJD/Fellows Seminar is intended to provide our graduate students and fellows who hope to enter the legal academy with a shared body of knowledge regarding jurisprudence, legal theory, and interdisciplinary movements in law, as well as a place to "workshop" their works in progress.  The Seminar alternates between "workshop" meetings, in which graduate students and fellows may present their work in progress to the group and invited faculty members and receive critical feedback, and  "seminar" meetings.  The seminar runs four semesters, with a different theme in each of the semesters: one semester each is devoted to "Contemporary Legal Scholarship,"  "The History of American Legal Theory," "Law and Social Science," and "Law and Humanities."    The seminar aims to equip students and fellows with a basic core of knowledge in these areas that are widely shared in the legal academy, and expose them to the works and methods of scholarship now shaping the legal academy.

In the Fall of 2018, the subject of the seminar will be Contemporary Legal Scholarship, with a substantive focus on international and comparative law.  We will look at a series of articles that examine, inter alia and subject to change, the Jurisprudence of Comparative Law, Comparative Constitutionalism, Human Rights Law, Comparative Criminal Justice, and Comparative Family Law.  In the Spring of 2019, the subject will be American Legal Theory.  We will looks at some of the now classic pieces of legal scholarship from the formative era of American legal thought to the present, including foundational work in Legal Realism, Legal Formalism, the Legal Process School, and Liberal Legalism, with an introduction to contemporary movements, including Law and Economics, Critical Legal Studies, Critical Feminist and Race movements, and their contemporary and postmodern critics.  In the Fall of 2019 we take up "Law and Social Sciences," where we examine articles from Law and Economics, Law and Sociology, Law and Psychology and contemporary Empirical Legal Studies, with an introduction to Empirical Legal Methods as well.  In the Spring of 2020 we look at "Law and the Humanities," including Law and Philosophy, Law and Literature, Legal History and Law and Cultural Studies.  While a thorough examination of each of these fields is far beyond the reach or capacity of the seminar, we do hope to introduce fellows and students to some of the major ideas currently having an impact or being debated in the legal academy.

Note: Georgetown Law clinical, research and institute fellows are all invited and encouraged to participate on a non-credit basis.

LAW 2017 v00 S.J.D. Colloquium

LL.M Seminar | 3 credit hours

The S.J.D. Colloquium meets weekly throughout the year focusing on different themes each semester. These may include American legal theory, law and society, comparative law, law and development, and other topics of special interest to S.J.D. students. Leading scholars in these fields may teach a segment from time to time.

Note: This course is limited to S.J.D. students and requires departmental approval.

LAW 2017 v01 S.J.D. Core Curriculum

LL.M Seminar | 8 credit hours

The S.J.D. Core Curriculum is for all students in residence and consists of four  components:  the S.J.D. Colloquium, the S.J.D. Seminar, Supervised or Independent reading, and the Fellows Collaborative.

The S.J.D. Colloquium meets weekly, focusing on different themes each semester. These may include American Legal theory, Law and Society, Comparative Law, Law and Development, and other topics of special interest to S.J.D. students. Leading scholars in these fields teach segments from time to time.

The S.J.D. Seminar meets weekly to discuss students’ work in progress. Students present one or two times a year during which their faculty supervisors are encouraged to attend.  The goal is to improve the quality of their work in a collaborative and supportive environment.

In Supervised or Independent Reading, students develop reading lists with their faculty supervisors to focus on particular research areas for their dissertations. In their first year, students engage in Supervised Reading with someone on the faculty, not necessarily their supervisor. Students take Independent Reading starting their second year.

The Fellows Collaborative meets weekly, alternating between seminar meetings and workshop meetings.  The seminar covers one topic per semester over a two-year cycle:  Law and Social Sciences, Law and Humanities, American Legal Theory, and Contemporary Legal Scholarship.  The workshop is primarily designed for those actively on the “academic market” to present works in progress for feedback.

The S.J.D. Core Curriculum is limited to S.J.D. students and requires departmental approval.

LAW 2048 v00 S.J.D. Seminar

LL.M Seminar | 3 credit hours

The S.J.D. Seminars are small group classes consisting of 6-8 students. Each seminar group meets weekly to discuss students’ work in progress. Students present their work two times a semester on a rotating basis. The goal is to improve the quality of their work in a collaborative and supportive environment.

Note: This course is limited to S.J.D. students and requires departmental approval.

LAW 2015 v00 Scholarly Writing

LL.M Seminar | 2 credit hours

This course introduces students to scholarly legal writing, focusing on the writing process and the expectations of the audience in the legal discourse community. Students will be introduced to legal research techniques for selecting a topic and thesis for a scholarly paper and will engage in all steps of the writing process. In addition to regular class meetings to discuss research strategies, outlining techniques, organization tools, use of footnotes for authority and attribution, and audience expectations, students will meet regularly with the professor in one-on-one conferences to discuss the progress of their papers and will receive feedback from the professor at each stage of the writing process. Students will be required to research and write an original scholarly paper of at least 10-15 pages in length and to engage in multiple revisions of the paper.

Note: This class is restricted to students in the Extended LL.M. with Certificate in Legal English program.