Courses Titled I

IMMIGRATION LAW (IMMG-300) 3 credits
Immigration is governed by a wide range of statutes, regulations, case law, and international treaties. This course critically examines the underpinnings as well as the substantive and procedural contents and policy implications of these various sources of immigration law. In particular, it focuses on the following aspects of immigration: admission, exclusion, deportation of noncitizens; the acquisition and loss of citizenship; the national security implications of immigration law, and state and federal laws regulating the presence of noncitizens often called "alienage laws." The course is also designed to teach basic skills in interpretation of complex statutes and administrative regulations.

No prerequisites.

top

IMMIGRATION LAW CLINIC (IMMG-400) 4 credits
Students enrolled in the Immigration Clinic will provide legal representation to clients in immigration proceedings. Students will get involved at various stages of these proceedings, which may include proceedings before Immigration Officers, Immigration Courts, Board of Immigration Appeals, or Circuit Courts of Appeals. The primary responsibilities may include: interviewing clients in immigration custody, investigating facts, conducting legal research, preparing memoranda, motions and legal briefs, and conducting oral argument. The typical advocacy involves disputing the legal grounds for inadmissibility and/ or deportability, and seeking relief from deportation in the form of adjustment of status, cancellation of removal, asylum from persecution (because of race, religion, nationality, political opinion, or social group), and deferral of removal under the United Nations Convention Against Torture (CAT). Students must meet the Law Clinic's conflict of interest rules. Student teams must maintain office hours in the Clinic offices for a total of four hours a week spread over two days. The days and times for office hours will be determined based on each student team's schedule.

Prerequisite: Immigration Law (IMMG-300). Restriction: Students must meet the Law Clinic's conflict of interest rules.
This course counts towards the professional skills requirement.

top

INDIAN LAND RIGHTS AND ABORIGINAL TITLE (INDL-347) 2 credits
In the last three decades of the 20th century, there emerged a rich and fascinating scholarship by historians from outside of the United States on the Common Law principles and doctrines that governed the land rights of the British sovereign and the indigenous populations of the British colonies. In the late 20th and early 21st century, this scholarship has had a significant influence on tribal land rights in Canada, Australia and New Zealand as well as Malaysia, Belize and southern Africa. So far, however, it has had no impact on tribal land rights in the United States. This seminar will begin with a review of this scholarship and the impact it has had outside of the United States. We will then focus on the development of the law and policy governing Indian land rights in the United States. In part II of the seminar, we will study the checkered and deeply disturbing history of the litigation that resulted in the pivotal and controversial Supreme Court opinion in Johnson v. M'Intosh - the case that defined Indian land rights in this country. In part III of the seminar, we will consider how the doctrine of Johnson v. M'Intosh deviates from established Common Law principles governing the land rights of indigenous peoples and how it influenced the subsequent development of Federal Indian law and policy. In particular, we will look at how the doctrine has been used during different periods of America history to justify politically expedient policies, such as removal, allotment and termination, intended to accommodate the westward expansion of European settlers in the United States and the taking of valuable agricultural and resource-rich Indian lands. In part IV of the seminar, we will focus on the mid-to-late 20th century Indian Claims Commission process and the Indian Land Claims Settlement Acts, both involving the litigation and settlement of Indian land claims arising from (1) the federal government's violation of treaties that recognized tribal land and resource rights in exchange for Indian land and the resettlement of tribes on reservations and (2) State violations of federal law. As a particular example of the former, we will study the local Pacific Northwest case that led to the Puyallup Tribe of Indians Settlement Act of 1989. Finally, the last part of the seminar will explore how the late 20th century scholarship on Common Law principles and doctrines regarding aboriginal title might be used in the United States to reform the doctrine of Johnson v. M'Intosh and influence the development of American Indian tribal land rights in the future. The seminar will not assume any prior knowledge of Indian law. A final paper will be required.

No prerequisites

top

INDIAN LAW AND NATURAL RESOURCES (INDL-315) 3 credits
Indian tribes have traditionally relied upon the natural resources for their personal, economic, cultural and religious well-being. Although ownership and access to those resources has been reduced over time, Indian tribes continue to own, and have rights to, a wide range of natural resources. Tribal management of natural resources have, in some instances, become models of wise use, protection and enhancement. This course will explore the basis for tribal ownership of, and rights to, natural resources; the nature and extent of those rights today; tribal managements of those resources; the interface and conflicts among tribal, state and federal agencies over the use and management of these resources; and the implication of selected federal statutes.

No prerequisites.

top

INDIAN TRUSTS AND ESTATES CLINIC (INDL-401) 4 credits
This three credit integrative clinic is open to students who have taken, or are currently enrolled in, the Trusts and Estates course. Students work in teams of two and will represent a low-income Native American person in an estate planning matter involving both their personal property and their interests in federal trust lands in the preparation of wills, powers of attorney, and health care directives. Student instruction is held in conjunction with the Trust and Estates Clinic students, with breakout sessions covering the Federal Law and Tribal Probate Codes that govern the estate of the Native American client. In addition, student teams must maintain office hours in the Clinic offices for a total of four hours per week. Office hours must be scheduled on Tuesday, Wednesday, or Thursday between 1 and 8 p.m. This clinic is available as an evening clinic.

Prerequisite or co-requisite: Trusts and Estates (ESTA-300). Restriction: Students must meet the Law Clinic's conflict of interest rules. Recommended but not required: Federal Indian Law (INDL-300).
This course counts towards the professional skills requirement.

top

INDIVIDUAL INCOME TAX (TAXL-300) 4 credits
This course covers the basic concepts, rules, and policy choices involved in the Federal income tax system, including the concepts of gross income, exclusions from income, timing of receipt and recognition of income, deductions, gains and losses from the sale of property, and the basis of computing tax liability. Most other tax courses, as well as courses on pensions and employee benefits, build on the concepts learned in Individual Income Tax.

No prerequisites.

top

INSURANCE LAW (INSU-300) 2 credits
The Insurance Law course is an overview of insurance fundamentals-the nature of insurance, its purposes and functions in commerce, and its functions in and effects on tort litigation and recovery. In addressing these fundamentals, the class learns about the insurance contract, its structure, its interpretation, and its use.

No prerequisites.

top

INTELLECTUAL PROPERTY (INTP-300) 3 credits
This survey course covers the basic statutes and doctrines undergirding the three major federal forms of intellectual property: trademarks and unfair competition, copyrights, and patents. It also touches upon state law doctrines such as right of publicity, misappropriation, trade secrets, state trademark law, and other forms of unfair competition. Relying on a combination of cases and problems, students will develop a familiarity with the foundational principles of intellectual property law and practice.

No prerequisites.

top

INTELLECTUAL PROPERTY LICENSING LAB (INTP-301) 1 credit
This course will cover the drafting and negotiating of license agreements and other types of agreements pertinent to the management, development, and marketing of various forms of intellectual property. This course must be taken pass/fail.

Prerequisite or co-requisite: One or more of the following: Copyright Law (INTP-320); Intellectual Property (INTP-300); Intellectual Property Licensing Law (INTP-310); or Trademark Law (INTP-315).
This course counts towards the professional skills requirement.

top

INTERNATIONAL ARBITRATION (INTL-330) 3 credits
If you look at the world's arbitration scorecard today, you will likely see a $28 billion dispute in London between the Russian Federation and private investors; a $ 27 billion dispute in New York between Chevron Texaco and Ecuador; a $1 billion dispute in Geneva between Nigerian National Petroleum and Gulf Petro Trading, etc. The diversity of the parties coupled with the scale and complexity of the transactions make the resolution of disputes through arbitration more attractive than domestic court litigation. While arbitration does not completely displace court litigation, it is now the principal means of the resolution of transnational disputes. This course first looks at the challenges associated with court litigation when the party-litigants are from different jurisdictions and cultures, and then provides an overview of the applicable laws and treaties in international arbitration. It highlights the difficulties associated with cultural diversity in the arbitral process by profiling some of the world's leading arbitral centers. It finally offers a comparative look at problems of enforcement of arbitral awards in selected jurisdictions. At the end of the course, student will be able to see that arbitration is not an alternative means of resolution of translation disputes, it is the principal means, and that lack of familiarity with the basic tenants of this system would be a gap in any lawyer's knowledge operating in today's global marketplace.

No prerequisites.

top

INTERNATIONAL CRIMINAL LAW (CRIM-380) 3 credits
This course will cover: the nature and sources of international criminal law; the responsibilities of individuals, states, and others; alternatives to criminal prosecution; defenses; issues of state jurisdiction and fora; extradition and other means of obtaining personal jurisdiction; international cooperative enforcement; international tribunals from Nuremberg to former Yugoslavia, Rwanda, and the Permanent International Criminal Tribunal; and a selection of specific international crimes (e.g., war crimes, crimes against humanity, human rights abuses, and drug trafficking).

Additionally, there will be a strong emphasis on the context(s) in which international criminal justice is meted out. In many cases, states that have experienced serious international criminal violations are also states in transition from one regime to another. The social, economic, and political stability of these regimes heavily impacts upon the demands and priorities of such regimes. This in turn impacts upon their ability to deliver criminal justice. There will also be an attempt to situate the demands for criminal justice alongside the broader set of demands for justice that exist in such societies. By paying attention to this context, it is hoped that the student will have a richer and deeper understanding of the many obstacles set in the way of achieving international criminal justice.

No prerequisites.

top

INTERNATIONAL ENVIRONMENTAL LAW (ENVL-340) 2 or 3 credits
This course is an introduction to the role of international law in environmental protection and to a range of issues raised by humankind's ecological impacts. The course begins with an overview of international law and then analyzes and critiques the legal regimes that have developed to address specific environmental crises. Among the crises addressed in the course are global warming, species extinction, destruction of rain forests, and global trade in hazardous waste. Special attention is devoted to the "North-South" conflict over responsibility for environmental protection and to the relationship between environmental protection and trade liberalization. Public International Law is recommended but not required.

Recommended but not required: Public International Law (INTL-300).

top

INTERNATIONAL HUMAN RIGHTS CLINIC (INTL-402) 4 credits
The International Human Rights Clinic offers students the opportunity to work with foreign and domestic clients before international and regional human rights bodies. Students will also collaborate with human rights organizations on research and advocacy projects. Furthermore, there may be opportunities to work on cases filed in U.S. courts that incorporate elements of international law.

In addition to project work, the course has a seminar component that presents knowledge and skills essential for lawyers in this dynamic field. The interactive approach covers relevant legal principles, theory, and case law, and--on the pragmatic side--features in-class exercises designed to hone critical skills. The International Human Rights Clinic is a graded course with a substantial time commitment; it may not be taken pass/fail.

Recommended but not required: International Criminal Law (CRIM-380) or Law and Violent Extremist Groups (INTL-373). Restriction: Must meet conflicts of interest rules.
This course counts towards the professional skills requirement.

top

INTERNATIONAL INTELLECTUAL PROPERTY (INTP-345) 2 credits
This course covers both public and private sources of international intellectual property law and policy, including copyright, patents, trademarks, geographical indications, unfair competition, trade secrets, traditional knowledge and protection of plant genetic resources. The public component will include multilateral agreements such as the Berne Convention, the Paris Convention, and TRIPS-as well as some regional agreements such as European Union directives and regulations. We will trace how these agreements are administered through the major international institutions such as the World Intellectual Property Organization and the World Trade Organization, which in turn impact the shape of national laws and the direction of international harmonization. On the private side, we will cover briefly choice of forum, choice of law and other problems related to private transactions and enforcement. We will cover major U.S. intellectual property law concepts before discussing comparable rules in the assigned cases, whether those rules are derived from international treaties or from other countries' national laws. Relying on a combination of cases and problems, students will develop a familiarity with the foundational principles and challenges of international intellectual property law and practice, and be sensitive to the development policy components of intellectual property in the context of global trade. Special emphasis will be placed throughout on the public interest and social justice calculus involving intellectual property-protected knowledge goods.

Prerequisite: Two or more of the following: Intellectual Property (INTP-300); IP, Law Society & Technology (INTP-150); Patent Law (INTP-305); Copyright Law (INTP-320); or Trademark Law (INTP-315). Recommended: Public International Law (INTL-300).

top

INTERNATIONAL LAW AND RELIGIOUS TRADITIONS (INTL-395) 2 credits.
This seminar will focus on the influence of various religious traditions on the development of international law. We will look at the influence of Christianity, Islam, Judaism, and other religious traditions on international law, both historically and contemporaneously. Course requirements: Weekly readings and weekly short papers on the readings.

Prerequisite: One international law (INTL) course or permission of the instructor.

top

INTERNATIONAL LAW OF HUMAN RIGHTS (INTL-305) 3 credits
This class will provide a comprehensive overview of the development of modern international human rights law, including the theory, institutions, practice, and procedures of the current human rights regime. The class will look at the various regional and international human rights regimes, as well as the use of international human rights law in domestic courts, particularly in the U.S. We will evaluate the strengths and weaknesses of the various procedures open to an international human rights lawyer, and discuss contemporary efforts to strengthen the enforcement of international human rights laws. Some of the questions we will discuss are: What are the most effective mechanisms for addressing current human rights abuses? What are the most effective mechanisms for providing relief to a victim of human rights violations? What is the relevance of international human rights law to domestic U.S. litigation?

No prerequisites.

top

INTERNET LAW AND DIGITAL COMMERCE (INTP-330) 3 credits
Formerly titled: CYBERSPACE LAW IN THE MODERN ERA AND BEYOND
In this course, students will survey the business and governing law of the Internet and online commerce. Students will learn the foundations of computers, networks, and the Internet. The course then concentrates on exploring the primary Internet business plans, the intellectual property issues that consume those businesses (including patents, trade secrets, copyrights and trademarks), online transactions and sales, first amendment and social media issues (including free speech, defamation and privacy) and other key Internet business and legal issues (such as online contracting, advertising, jurisdiction, tax and gambling).

No prerequisites

top

INTRODUCTION TO FINANCIAL TECHNOLOGY (INTP-367) 2 credits
Financial technology, or "FinTech," is what we mean when we are talking about the emerging and rapidly accelerating use of technology in the financial services sector of the 21st century. Originally, FinTech described the leveraging of information technology to provide back-end services to traditional financial institutions. Recently, however, through a phenomenon often referred to as the "unbundling of banking," FinTech refers to efforts to innovate - even disrupt - the provision of financial services as we have traditionally known them, with major legal implications. We will begin with a discussion of the legal implications of FinTech in the "sharing economy," including the use of blockchain (or distributed ledger) technologies, algorithmic "smart contracts," peer-to-peer systems, and alternatives to traditional notions of money, as well as discussing the difference between both actual FinTech providers and latent ones (i.e., those who don't appear to be financial service providers but actually are). Then we will explore in depth the evolution of the business of banking and other financial services in the new world of FinTech, including FinTech solutions in the areas of trust and custodial services, direct or latent deposit-taking, lending, payments systems, and investment offerings and advising. This will involve an analysis of many applications, or "apps," that are in common use and are well known, plus others which are hidden from the view of the consumer. Finally, the course will survey the various regulatory and policy challenges in the area of FinTech: What laws and regulations affect the FinTech sector? How do we protect the consumer in this new space? How much regulation is enough? Are there challenges presented by FinTech that require new approaches to regulation and new laws to address them? During the course, attention will also be paid to what specific legal skills are required or desirable to practice, directly or indirectly, in this field
Course Materials: Handouts; provided online or in class.

Course Requirements: One research paper (on a topic approved by the professors). Length and grading standards are different for JD, LLM and MLS students.

No prerequisites

top