Study

In today's global economy, parties to cross-border commercial transactions increasingly choose to resolve their disputes through arbitration. This course introduces students to the law and practice of international arbitration. Among other things, the course will consider the formation and enforcement of arbitration agreements; the conduct of arbitral proceedings; the recognition and enforcement of arbitral awards; the international conventions, national laws, and institutional arbitration rules that govern the arbitral process and the enforcement of arbitration agreements and awards; the strategic issues that arise in the course of international arbitration proceedings; and the practical benefits (and disadvantages) of arbitration.

This course in legal reasoning highlights the central problematic of conflict of laws: the rule of law and the specter of judicial activism. It does so by way of a systematic exploration of the judicial methods and patterns of legal argument used to decide cases in which the relevant facts of the dispute are connected with multiple jurisdictions. The first half of the course is focused on domestic conflicts issues in the United States, mostly dealing with choice of law questions in tort, contract, and family law. This study examines the full range of approaches that developed in the courts between the time of Joseph Beale and rise of the Second Restatement on Conflict of Laws. The second half of the course turns from domestic to transnational conflicts problems, and in particular, brings a focus to the topic of extraterritorial jurisdiction. This study survey US federal court decisions on extraterritorial choice of law, including questions in constitutional law, civil rights law, environmental law, labor law, antitrust law, securities law, and human rights law. 

Grade is 20% class participation, 80% paper.

This fall-only seminar is designed to introduce students who have limited familiarity with international law to principles involved in the use of force during periods of putative peace.  It will explore, for example, what circumstances constitute an “act of war” in a variety of situations, to include cyberspace.  The structure of classes may vary, and students may be divided into sections, discussion groups, and panels. The course may include guest speakers (in-person or via Zoom).

The course will analyze when and how force may be used in self-defense and will survey topics such as humanitarian intervention, hostage rescue, air defense identification zones, freedom of navigation operations, use of force in the cyber domain, and the legal aspects of international counter-piracy and counterterrorism operations (including drone strikes).  Efforts to limit the use of force in outer space as well as the implications of nuclear weapons and the emergence of autonomous (to include generative AI) weaponry will be explored.

Case studies and current news events will be examined in conjunction with the covered issues.  For example, an article that examines, “through the lens of the Russia-Ukraine conflict…whether and, if so, when a State's military aid or assistance that contributes to another State's use of force constitutes a separate and distinct use of force under international law” will be discussed.

In addition, students will get an overview of the practical issues associated with the use of force, to include the weaponry, planning, and military techniques involved.

There will be no class on Tuesday, September 26.  However, there will be a class on Sunday, November 5th from 3:30 p.m. to 6 p.m. during which we will watch the movie, Eye-in-the-Sky about a drone strike, and have a discussion about it.

This course obviously addresses the use of force in international law.  Accordingly, class instruction will inevitably include written, oral, and visual depictions of physical force and violence—and occasionally extreme representations of the same.

This course critically assesses the international and domestic laws, institutions, and legal and political theories that relate to protecting the fundamental liberties of all human beings. The course emphasizes (1) specific "hot button" topics within international human rights law, such as extraordinary renditions, hate speech, and lesbian and gay rights); (2) the judicial, legislative, and executive bodies that interpret and implement human rights; and (3) the public and private actors who commit rights violations and who seek redress for individuals whose rights have been violated. Course requirements include a final exam, a negotiation exercise, and student participation in class discussions.

Note on scheduling for Fall 2023:
To accommodate Professor Helfer’s responsibilities as a member of the UN Human Rights Committee, which meets in Geneva, Switzerland in October 2023, several class meetings will need to be canceled, rescheduled or held on Zoom.  Additional information will be provided prior to the first class meeting.

This course examines the constitutional and statutory doctrines regulating the conduct of American foreign relations. Topics include the distribution of foreign relations powers between the three branches of the federal government, the status of international law in U.S. courts, the scope of the treaty power, the validity of executive agreements, the pre-emption of state foreign relations activities, the power to declare and conduct war, and the political question and other doctrines regulating judicial review in foreign relations cases. Where relevant, we will focus on current events, such as the recent lawsuits against China concerning COVID-19, controversies over immigration enforcement, the withdrawal by the United States from various treaties, and uses of military force against alleged terrorists.

This course will examine the regulation of technology, and specifically the technology of Internet and telecommunications. We will examine the possible application of antitrust law and more specific forms of regulation, and will consider pending policy proposals. We will also examine the constitutional (principally First Amendment) constraints on any such regulation.

This course will provide an introduction to the dynamic and evolving field of cyber law and policy.  The course will be team-taught by multiple instructors with expertise in various government and industry sectors. The goal is to introduce students to the legal and policy frameworks that guide lawyers and decision-makers in a world of rapid technological change, with a primary emphasis on cybersecurity and privacy. We will discuss today’s threat landscape and approaches to data breaches, cybercrime by state and non-state actors, and cyberwarfare. We will also consider the legal and policy issues surrounding the collection and use of personal data, with a focus on both domestic and international data privacy protections. Other topics will also be explored, such as the impact of emerging technologies and markets (e.g., machine learning, digital currencies, platform media) and the ethical responsibilities of lawyers. Real-world case studies will be employed to allow students to weigh in on some of the most pressing issues of our time.   This course is introductory in nature and no technical background is necessary.

Note: Students who have taken Law 609, Readings in Cyber Law with Stansbury, may not take Law 316, Intro to Cyber Law. 

Students enrolled in Law318 Comparative Constitutional Law may choose to write a 25-30 page research paper, in lieu of the 10-12 page paper, in order to satisfy the JD Substantial Research and Writing Project degree requirement.  Students choosing this option should enroll in Law 318W.

This course will provide an overview of immigration law and policy. It combines a study of constitutional law, statutory interpretation, and administrative regulations. We examine the constitutional law governing noncitizens as they seek to enter and remain in the United States as well as the statutory provisions governing humanitarian protection, family-based and employment-based migration. We also discuss the immigration consequences of criminal convictions, the obligations of criminal defense attorneys to advise noncitizen clients, and the intersection of criminal and immigration enforcement systems.

The course explores the legal, social, historical, and political factors that have constructed immigration law and policy in the U.S.  In examining these various factors, the course will analyze several inherent conflicts that arise in immigration law, including, among other things, the tension between the right of a sovereign nation to determine whom to admit to the nation state and the constitutional and human rights of noncitizens to gain admission or stay in the U.S., the power of the executive branch to set and change immigration policy, issues that arise between noncitizens and citizens of the U.S. with regard to employment, security, and civil rights and the tension between the federal and state governments in regulating immigration law. Students will participate in a mock removal proceeding and will complete hypothetical immigration problems that illustrate the application of constitutional, statutory, and regulatory immigration law.

This course covers the basic rules governing the U.S. income taxation of international business and investment transactions. After a brief explanation of basic American income tax concepts, the principal rules of taxation relating to income of American taxpayers that is earned abroad, and the income of foreign taxpayers that is earned in the U.S., will be described and discussed. The course will then focus on how the United States’ rules interact with taxation systems in other countries, exploring the concepts of source of income and residence of the taxpayer, and their role in the tax rules relating to international trade. The course will also include consideration of the role of bilateral tax treaties as a means of promoting crossborder investments and international trade through the avoidance of international double taxation. The OECD model treaty will be examined as an illustration of the interaction between double tax treaties and domestic regulations. The course will also describe and discuss the role of transfer pricing in tax avoidance efforts by business taxpayers, especially U.S. multinational corporations.  Finally, the course will explore recent developments in the international effort to reduce tax-base erosion and income shifting among taxing jurisdictions.

International trade and the World Trade Organization attract a lot of attention and debate. Why do almost all economists say that liberalizing trade flows is a good thing? Why do politicians – even ones who purportedly support free markets – often rail against import competition and "unfair trade"? How does trade liberalization interact with other public policy choices such as protecting the environment or promoting the economic development of poor countries? In this course, we will examine why the WTO exists, how it developed from the GATT and how it fits in the international economic order (Part I). The course will offer you 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 some of the more specialized WTO agreements on, for example on trade remedies (subsidies, anti-dumping and safeguards). From a more procedural side, the course will pay close attention to the unique WTO mechanism for the solution of global trade disputes, with special reference again to recent and ongoing cases (Part II). It will conclude by examining U.S. trade law – particularly the widely-used trade remedies laws – and assessing not only the practice of international trade law in the United States, but also whether these laws actually achieve their supposed policy objectives (Part III). Although this course will necessarily address key principles and theories undergirding the international trade law system, one of its driving themes will be the actual practice of this discipline in the United States and at the WTO. The course will be graded based on class participation and an open-book final exam.

Since September 11, 2001, transnational terrorism has been treated as both crime and war.  Accordingly, the U.S. and other states have targeted members of Al Qaeda and associated forces in major military operations and in surgical strikes, captured and held such persons as law-of-war detainees, and prosecuted suspected members of such groups for terrorism offenses and war crimes, in civilian courts and military tribunals. 

This course will examine these developments in historical perspective, and will analyze their implications for the interstate system (focusing on the law of state responsibility), the law of war (in particular, combatant and civilian status and associated protections), and the structures of the U.S. Constitution governing war, crime, and military jurisdiction.

Grades will be based on the quality of weekly (3-page) briefings, practical simulations, and class participation.

The International Human Rights Clinic provides students with an opportunity to critically engage with human rights issues, strategies, tactics, institutions, and law in both domestic and international settings. Through the weekly seminar and fieldwork, students will develop practical tools for human rights advocacy—such as fact-finding, litigation, indicators, reporting, and messaging—that integrate inter-disciplinary methods and maximize the use of new technologies. Students will also develop core competencies related to managing trauma in human rights work, as well as the ethical and accountability challenges in human rights lawyering. Types of clinic projects include those that: apply a human rights framework to domestic issues; involve human rights advocacy abroad; engage with international institutions to advance human rights; and/or address human rights in U.S. foreign policy. Students work closely with local organizations, international NGOs, and U.N. human rights experts and bodies. Students are required to have taken Human Rights Advocacy (offered only in the Fall) as a pre-requisite or co-requisite. There is no ethics requirement for this course. Some travel will likely be involved. Student project teams will also meet at least once a week with the clinic instructors. Students work on clinic projects for a minimum of either 100 or 125 hours of clinical work during the semester. This course may not be dropped after the first class meeting.

Enrollment Pre-/Co- Requisite Information

Students are required to have taken Human Rights Advocacy (offered only in the Fall) as either a pre-requisite or co-requisite. LL.M. students are eligible for enrollment in the Clinic in the Spring semester with instructor permission and should contact Prof. Huckerby to discuss eligibility requirements.

This course analyzes civil suits in U.S. federal courts that raise cross-border, international and foreign legal issues. Specific topics covered include transnational jurisdiction, international forum selection, transborder choice of law, extraterritorial application of U.S. law, federal rules for service of process and discovery of evidence abroad, the special treatment of foreign governments as parties, and recognition and enforcement of foreign judgments.

“An international crime,” wrote eminent legal scholar George Schwarzenberger in 1950, "presupposes the existence of an international criminal law. Such a branch of international law does not exist." This course will begin by probing the concept of international criminal law. What does it mean to say that certain conduct constitutes an "international crime"? What are the objectives of such a legal regime? We will then examine the law of genocide, war crimes, crimes against humanity, and aggression, as well as “treaty crimes,” such as terrorism offenses. Particular attention will be focused on the question of jurisdiction over such offenses in national courts and international tribunals,” and on immunities to such jurisdiction.

Grades will be based on the quality of weekly (3-page) briefings, practical simulations, and class participation.

This 2-credit seminar will examine global climate change and the range of actual and potential responses by legal institutions – including at the international level, within the United States and other countries (such as Europe, China, and others), at the subnational level, and at the urging of the private sector.

We will compare alternative approaches that have been or could be taken by legal systems to address climate change: the choice of policy instrument (e.g., emissions taxes, allowance trading, infrastructure programs, technology R&D, information disclosure, prescriptive regulation, carbon capture & storage, reducing deforestation, geoengineering, adaptation);  the spatial scale; the targets of the policy and criteria for deciding among these policy choices.  We will examine actual legal measures that have been adopted so far to manage climate change:  international agreements such as the Framework Convention on Climate Change (1992), its Kyoto Protocol (1997) and Paris Agreement (2015), plus related agreements like the Kigali Amendment (on HFCs) and ICAO (aviation) and IMO (shipping); as well as the policies undertaken by key national and subnational systems.  In the US, we will study national (federal) and subnational (state and local) policies, including EPA regulation under the Clean Air Act, other federal laws and policies relevant to climate change mitigation, state-level action by California, RGGI states, and North Carolina. We will also explore litigation involving tort/nuisance civil liability and the public trust doctrine to advance climate policy. 

Questions we will discuss include:  How effective and efficient are the policies being proposed and adopted? What actions are being taken at the local, national and international levels, and which reinforce or conflict with one another?  Can current institutions and legal frameworks deal with a problem as enormous, complex, long-term, uncertain, and multi-faceted as climate change?  What roles do scientific research, technological breakthroughs, and economic realities play in shaping legal responses?  How should the legal system learn from new information over time? How should we appraise the United Nations climate negotiations, and are there other models for international cooperation?  How should principles of equity, just transitions, and intergenerational justice guide efforts to address climate change? Should greenhouse gas emitters (countries, businesses, consumers) be directly liable or responsible for climate change impacts and compensate victims for their losses?  What is the best mix of mitigation and adaptation policies?  How will climate policy be influenced by geopolitical changes such as the rise of China?  How should the law address extreme catastrophic risk?  How should geoengineering be governed? What is the best path for future climate policy? 

Students must read the assigned materials in advance of class, and participate in class discussion. Each student will submit a short (5-6 page) paper, addressing the week's readings (and adding outside research), for three (3) of the 12 class sessions (not counting the first class session). A sign-up sheet will be circulated at the beginning of the course for students to select the 3 topics/class sessions for which they will submit these 3 short papers (so that these papers are spread across the semester). In addition, each student will write a longer research paper (15 pages), due at the end of the semester. Grades will be based on: 33% class participation, 33% the 3 short papers, and 33% the longer paper.

This course critically assesses the field of human rights advocacy, its institutions, strategies, and key actors. It explores how domestic, regional, and global human rights agendas are set using international law frameworks; the ethical and accountability dilemmas that arise in human rights advocacy; and human rights advocacy concerning a range of actors, including governments, international institutions, and private actors. It addresses the role of human rights in social movements, including in addressing systemic racism, as well as the development of transnational human rights networks. It also considers issues such as how to resolve purported hierarchies and conflicts between internationally-guaranteed rights, efforts to decolonize the practice of human rights, and the ways in which populist and other forces also invoke human rights to further particular agendas. Drawing on case studies within the United States and abroad, it will examine core human rights advocacy tactics, such as fact-finding, litigation, standard-setting, indicators, and reporting, and consider the role of new technologies in human rights advocacy. In examining the global normative framework for human rights, this course focuses on how local, regional, and international struggles draw on, and adapt, the norms and tactics of human rights to achieve their objectives. Evaluation will be based on class participation and a final paper.

This class is a pre-requisite or corequisite for Law 437 International Human Rights Clinic.

This seminar will examine the international law of armed conflict, and it focuses on the jus in bello context. Students will consider the rationale for the key concepts of the law of armed conflict and examine their practical application in various contexts. Case studies (to include the wars in Ukraine and Israel as well as other contemporary and historical conflicts) will be examined in conjunction with the topics covered. This historical context for the law of armed conflict agreements, the status of conflicts, combatants, and civilians, targeting, rules of engagement, war crimes, are all included among the topics the class will address. Students are encouraged to relate legal and interdisciplinary sources to better understand the multi-faceted interaction between law and war. There is no examination for this course but a 30-page paper (constituting 60% of the grade) is required on a legal topic chosen by the student and approved by the instructor. Students desiring to use the course paper to fulfill Substantial Research and Writing Project (SRWP) and possibly other writing requirements must obtain instructor approval. The remainder of the grade (40%) is based on the quality and frequency of class participation. Students should be aware that this course may include discussion and visual depictions (still and video) of armed conflict and other acts of extreme violence. The textbook for this course is Gary D. Solis's The Law of Armed Conflict: International Humanitarian Law in War (3rd ed., 2021). Students are required to attend part of the 29th Annual National Security Law Conference 23-24 February 2024 at the Law School. This course is only offered in the spring.

China’s development without a western-style rule of law raises numerous questions. Does law matter in China? If yes, how does it work? What roles has law played in China’s economic, social and political development? This seminar covers both law on the books and law in action, emphasizes change and development in understanding law and governance, and takes China as a comparative case study to deepen our understanding of the fundamental nature of legal institutions. This seminar also features guest speakers from Yale, Princeton, Harvard, and other institutions. 

Evaluation: class participation: 30%, students should read assigned readings in advance and be prepared to be on call every week; paper(s): 70%. Students can choose to write five response papers (four pages each) or a research paper (20 pages minimum). Students should submit their research paper proposal by Sept. 23, which explains their research question, methods and plan. Finalized paper is due on December 16. The instructor keeps the discretion of approving or not approving a research paper proposal. Research papers are also qualified to satisfy JD students’ writing requirements (30 pages minimum), if they so choose. 

This course will address the past, present and future of space law – from its origins five decades ago, to the current era of explosive growth in spacefaring, to potential future human settlements on Mars and other planets.  How well does current space law govern this expanding arena, and what kinds of new governance regimes are needed?  The Outer Space Treaty (OST) was signed in 1967 when space exploration was just beginning and focused on the Cold War rivalry between the US and USSR.  Today, 114 states are parties to the OST (with smaller numbers having signed its related accords on registration, liability, and other topics), and space activities are booming.  Missions to the Moon have now been undertaken by the US, Russia, EU, China, India, and Israel, and missions to Mars by the US, EU, China, and the UAE.  The US and Japan have each excavated materials from asteroids and brought samples back to Earth.  In 2022, the US and EU launched DART, the first ever asteroid deflection test. Thousands of satellites are now orbiting the Earth, with many more to be added soon – for scientific, navigation, weather, military, intelligence, communications and commercial uses – including many operated by private actors such as SpaceX/Starlink and Amazon/Blue Origin.  Non-state actors are developing their own terms for space rules.  New space law is being developed, such as the Artemis Accords (2020; signed by 29 countries as of 2023), and the US statute on space resource ownership (2015).  States and private actors are mulling plans to settle human communities on the Moon and Mars.  Is the OST still adequate?  What new approaches are needed?

We will investigate what current laws say about these efforts, and what will or should be the legal rules and norms for future missions and settlements off the Earth.  Among the challenges for space law today are:  reducing dangerous space debris in Earth orbit, and environmental impacts of launches; defining property rights to space resources, and liability for harm, thus motivating investment while avoiding resource depletion and ensuring equitable access; managing international space relations, space-based energy systems, climate engineering, and avoiding war in space; defending against large asteroid collisions and space weather; protecting against harmful contamination of the Earth and of other planets; considering whether to terraform other planets; and charting the legal rules for potential human settlements on the Moon, Mars, or other off-Earth locations (including laws for accidents, crimes, health, environment, marriage, divorce, citizenship, etc.).  Envisioning and debating future space law off-Earth may also offer a useful lens for reforming laws on Earth today.  And we will discuss who should decide these laws – e.g., each government that sends settlers, or each private company, or an international agreement, or the settlers themselves in their new home.  

Students will write short and medium length papers (no exam).  Enrollment limited to 16 (grad/prof students outside the Law School may enroll if ‘space’ allows).  No prerequisites. 

Corruption is one of the major factors inhibiting economic development and undermining governmental legitimacy.  Developed governments generally enforce rules prohibiting domestic corruption, but have historically been less concerned with (and even encouraging of) foreign government corruption.  The United States passage of the Foreign Corrupt Practices Act in 1977, which prohibits covered entities from bribing foreign officials, represents a major shift in this policy.  In the last fifteen years, most other major economies and economic institutions (the IMF, the World Bank) have followed suit, although enforcement has been inconsistent.  This seminar will examine the origins and evolution of this effort to regulate firms' relationships with foreign government officials.  The seminar explores the history, economics, and policy behind anti-corruption efforts and the major challenges ahead.  The seminar will engage academic articles that address the economic effects of corruption, the politics of anti-corruption enforcement, the variation in current anti-bribery agreements (the UN Convention Against Corruption and the OECD Anti-Bribery Convention), and influence of these rules on foreign investment and trade.  The seminar is designed to be very participatory, with students leading discussion. 

Students will be evaluated on a series of critique papers, leading a class discussion, and class participation. If students wish to write a paper on a topic related to the course materials, they may request the opportunity to complete an additional  two credit independent study.  A final paper cannot replace the critique papers.

NOTE: An additional 2 credits are available for students who wish to write a longer paper in order to satisfy the JD or JD/LLM Upper-Level Writing Requirement. Students wishing to take this option should enroll in Law 558W Foreign Anti-Bribery Writing Credit. These credits will count towards the Independent Study Research Credit Limit (Rule 3-12) *LAW 558W MUST be added no later than 7^thweek of class.*

While enrolled in Law 558 Foreign Anti-Bribery Law, students have the option to take 2 additional credits in order to satisfy the JD or JD/LLM Writing Requirement. These credits will count towards the Independent Study Research Credit Limit (Rule 3-12). This section will meet in-person on schedule to be determined. The instructor will meet online with any student who prefers that. Students will be placed in groups of 2 or 3 students for a writing group. The instructor will meet with each writing group separately. *LAW 558W MUST be added no later than 4th week of class.*

This class explores international environmental law, one of the fastest growing fields of international cooperation. In 1972, there were only a smattering of international environmental treaties. Today, hundreds of agreements have been negotiated, covering such diverse topics as acid rain, depletion of the ozone layer, climate change, protection of biological diversity, desertification, and transboundary movements of hazardous wastes and chemicals.

This course will provide a general introduction to the basic concepts and mechanisms of international environmental law. The overarching question we will examine is: What role can law play in addressing international environmental problems? More specifically, we will ask:

• Why do states cooperate in developing international environmental norms? What factors promote or hinder cooperation?
• What legal mechanisms or approaches facilitate the development of international environmental standards?
• What role do science and expertise play in international environmental cooperation?
• What types of international environmental standards are most effective? How do we evaluate effectiveness?
• What incentives do states have to comply with international environmental standards? What disincentives?

The course will be structured in roughly two parts.  In the first part of the course, we will discuss the background, history, and political economy of international environmental law, as well as some of the main principles of international environmental law.  In the second part of the course, we will examine in detail a number of environmental treaties—from areas such as ozone protection, climate change, marine pollution, fisheries protection, and biodiversity—in an effort to understand how international environmental law works, and doesn’t.  Students will be expected to participate in class discussions and write a 20+ page research paper on a topic of their choice. 

This fall-only survey course is designed to provide students, particularly those with no background in the topic, with an overview of the American legal architecture related to the U.S. security enterprise. The class will also examine related issues that arise "in the news." It is aimed not only at students considering a career in government or the military, but also for those headed to private practice who appreciate that the U.S.’s $778 billion defense budget, ($2 trillion in defense outlays worldwide), impact virtually all potential clients.

The course includes analyzing the constitutional structure governing national security matters, and the role played by the three branches of government (with special emphasis on Presidential power). It will also examine governmental surveillance, the investigation and prosecution of national security cases, as well as First Amendment issues related to national security. In addition, homeland security issues (to include the domestic use of the armed forces), security-based travel restrictions, public health emergencies, civil-military relations, and the impact of national security issues on business transactions will be reviewed. The textbook for this course will be Dycus, et al., National Security Law (7th ed., 2020) ISBN9781543806793 as well as the National Security Law and Counterterrorism Law 2022-2023 Supplement. Other materials may be provided as necessary. The instructors will offer practical, real-world perspectives on the issues discussed based on their extensive careers in government.

There is one assigned time block for the course, but the structure of classes may vary, and students may be divided into sections, discussion groups, and panels.

The course is expected to include guest speakers. There may be occasional asynchronous content, including short lectures, podcasts, and some documentary footage. Students will have advance notice of all required participation elements.

Given this is a course in national security, class instruction will likely include written, oral, and visual depictions of physical force and violence—and occasionally extreme representations of the same.

There is no examination for this course, but a 30-page research paper (constituting 60% of the grade) is required on a topic chosen by the student and approved by the instructors. With instructor approval, the course paper may fulfill the Substantial Research and Writing Project provided all SRWP requirements are met. The remainder of the grade (40%) is based on the quality and frequency of class participation (which may include short papers and/or brief oral presentations).

Faced with myriad health, safety, environmental, security and financial risks, how should societies respond?  This course studies the regulation of a wide array of risks, such as disease, food, drugs, medical care, biotechnology, chemicals, automobiles, air travel, drinking water, air pollution, energy, climate change, finance, violence, terrorism, emerging technologies, and extreme catastrophic risks. (Students may propose to research other risks as well.)

Across these diverse contexts, the course focuses on how regulatory institutions deal with the challenges of risk assessment (technical expertise), risk perceptions (public concerns and values), priority-setting (which risks should be regulated most), risk management (including the debates over "precaution" versus benefit-cost analysis, and risk-risk tradeoffs such as countervailing harms and co-benefits), and ongoing evaluation and updating.  It examines the rules and institutions for risk regulation, including the roles of legislative, executive/administrative, and judicial functions; the challenge of fragmentation and integration; the roles of oversight bodies (such as judicial review by courts, and executive review by US OMB/OIRA and the EU RSB); and the potential for international regulatory cooperation.

The course examines these issues through a comparative approach to risk regulation in the United States, Europe, and beyond (especially those countries of interest to the students in the course each year).  It examines the divergence, convergence, and exchange of ideas across regulatory systems; the causes of these patterns; the consequences of regulatory choices; and how regulatory systems can learn to do better.

This is a research seminar, in which students discuss and debate in class, while developing their own research.  We may also have some guest speakers.  Students' responsibilities in this course include active participation in class discussions, and writing a substantial research paper.  Students’ papers may take several approaches, such as analyzing a specific risk regulation; comparing regulation across countries; analyzing proposals to improve the regulatory system; or other related topics.

This course is Law 590, cross-listed as Environ 733.01 and PubPol 891.01.  Graduate and professional students from outside the Law School should enroll via those Environ and PubPol course numbers, and may contact the Nicholas School registrar, Erika Lovelace, e.love@duke.edu, or the Sanford School registrar, Anita Lyon, anita.lyon@duke.edu, with any questions about enrollment.  (The Law School does not use “permission numbers.”)

The Course will

• Provide an overview of development challenges in Low and Middle-Income Countries and the shared global responsibility under the UN Agenda 2030 to reconcile economic, social, and ecological objectives.
• Focus on the roles of and partnerships between actors of development finance, such as government agencies, multilateral development banks, foundations, NGOs, and the private sector, particularly social entrepreneurs and impact investors.
• Familiarize students with development finance instruments, such as budget aid, grants, loans, and blended finance mechanisms.
• Address critical views on aid effectiveness.
• Highlight policies in developed countries incoherent with the objectives of development assistance.

Requirements for one credit:

• Two 3-page essays: the first to be submitted on or before September 14, 2023 (15% of final grade); the second to be submitted on or before October 5, 2023 (15% of final grade)
• One 10-page paper to be submitted on or before December 1, 2023 (40% of final grade)
• Active participation in class discussions (30% of final grade)
• There will be no final exam

Requirements for a second credit (optional):

• Online presentation to professor of approx. 25 minutes
• Topic in the field of Development Finance proposed by student
• Time of presentation between November 6^th and 24^th, 2023 (date to be determined by student and professor)
• Written outline of presentation and bibliography to be submitted to professor no later than three days prior to presentation.
• Grading: pass/fail

When concurrently enrolled in LAW 591 Development Finance Project, a student may enroll in this additional credit.

Requirements for a second credit:

• Online presentation to professor of approx. 25 minutes
• Topic in the field of Development Finance proposed by student
• Time of presentation between November 6^th and 24^th, 2023 (date to be determined by student and professor)
• Written outline of presentation and bibliography to be submitted to professor no later than three days prior to presentation.
• Grading: pass/fail

Recent constitutional reconstructions in various parts of the world have called new attention to the problems of institutional design of political systems. In this course we will examine the design and implementation of national constitutions. In particular, we will address the following questions. What are the basic elements of constitutions? How do these elements differ across time, across region, and across regime type? What is the process by which states draft and implement constitutions? What models, theories, and writings have influenced the framers of constitutions?

In the first half of the course, we will review the historical roots of constitutions and investigate their provisions and formal characteristics. We will also discuss the circumstances surrounding the drafting of several exemplary or noteworthy constitutions, from various regions of the world. We will then examine particular features of institutional design in depth. These will include judicial review, presidentialism vs. parliamentarism, federalism, and the relationship of the national legal system to international law.

The goal of this course is to provide students with a broad overview of how international rules shape global commerce. It will serve as a foundation in international law for students who never plan to take another international law course but also serve as a roadmap of the possibilities for international law study (and careers) for students who want to do more with international law. The course begins with private, cross-border contracting, then moves on to public international law agreements as well. We start with conflict of law rules as well as international treaties designed to coordinate contract law (CISG). From there we dive into the world of private international arbitration, including questions of when state should not permit international arbitration. The course will also covers torts claims, particularly under the Alien Torts Claims Act. We will examine the Bhopal litigation before moving on to some of the cases that have been brought against major oil companies by citizens of developing countries. At that point, the course pivots towards more public law issues that govern international transactions. We look at the Foreign Corrupt Practices Act as well as the OECD Anti-bribery Convention. Finally, we turn to the major treaty regimes on economic subjects, including multilateral trade agreements and the network of bilateral investment treaties.

GRADING: Grades are based on an exam.

This course intends to cover three modules: researching the Chinese legal system, researching legal and political authorities in China, and specialized law and policy research topics. Students will receive a toolkit to research a wide range of topics on mainland China, covering important resources and tactics in law and policy-related fields at both the general and granular levels. Students interested in learning about the fundamental legal framework and the methodologies and tools available for carrying out theoretical and practical Chinese legal studies may find this course useful. Students will be assessed on the basis of class participation, in-class exercises, homework assignments, and a final project. JD, LLM, and other Graduate or Professional Students at Duke are welcome to take this course.