International & Comparative Law
This course focuses on U.S. corporate law and governance. It begins with an introduction to the different legal issues encountered in business entities across jurisdictions: agency problems between (1) directors and shareholders, (2) majority and minority shareholders, and (3) shareholders and other stakeholders (employees, creditors, the State, etc). It then turns to the three agency problems as they arise in private or publicly held corporations. This covers the questions of allocation of powers between shareholders and the board, directors’ elections, executive compensation (say-on-pay), self-dealing transactions, going private transactions, mergers and acquisitions, fiduciary duties and participation of other stakeholders in the corporate governance. For each topic, we will define the legal issues involved and examine how U.S. statutory and case law respond to them. We will also take a comparative perspective to analyze how other jurisdictions respond to the same legal issues. The comparison will thus provide students with a better understanding of American law of corporations. The course covers the most recent legislative and regulatory initiatives as well as the most recent case law pertaining to Corporate Governance. Grades will be based on participation and on written exam (Champetier de Ribes-Justeau).
This course is designed to meet the growing demand for research competency in the fields of foreign, comparative, and international law (FCIL). Students in the class will be introduced to research techniques and resources specific to these fields that will be useful in practice and academic settings. Print and electronic resources will both be discussed, but emphasis will be placed on resources in electronic format. Resources on the WWW and at Loyola will be highlighted, although students will have an opportunity to explore the international and foreign holdings of another local law library. Weekly research exercises and a final project will allow students to apply specific FCIL sources.
This course begins with an exploration of the legal and political structure of American education, including issues such as: (1) the role of government in mandating education; (2) the relationship between state and religion in the educational process; (3) the governance of educational institutions and the shaping of curriculum; and (4) the rights and responsibilities of teachers and students. The American legal system's resolution of these difficult issues are then compared to the resolution of these same issues by legal systems in other countries. Finally, students are asked to question the fundamental assumptions underlying the American educational system based on their understanding of different assumptions underlying the educational systems in other nations. Students are required to help to facilitate class discussions and to prepare a paper that analyzes critically an issue raised in the class. (Kaufman)
This course explores the health care system and relevant laws of the host country in which it is being taught. Generally offered in China, the course will explore the evolution and development of the Chinese health system from the days of the bare foot doctor to the national health reforms initiated under President Hu, guaranteeing all Chinese citizens equal access to basic health insurance. The course will consider public health policies in China with a focus on infectious disease prevention and control integration of traditional medicine with Western medicine, birth control and family planning, environmental health, smoking, food safety and the impacts of aging on health. Comparisons will be drawn between China and other Asian countries as well the United States and Canada.
The field of health law offers a fascinating platform from which to compare foreign legal systems. By understanding the wide variation in how different nations approach controversial issues of health law and bioethics, students will develop the skills necessary to critically evaluate their own countries’ policies from an international perspective. (Study Abroad Rome Program)
This course will examine the way the three Abrahamic Faiths (Islam, Judaism and Christianity) consider legal and policy issues. For instance we will look at the three faiths regarding various issues surrounding human rights and life and death issues such as: justified uses of war and violence; conscientious objection; end of life issues; capital punishment; criminal responsibility for causing death; positive duties to the poor and needy; and how the common good is described by the three religions. How do the three faiths envision translating their perspectives on the issues into civil law, and what are the proper limits on enacting religious perspectives into positive law?
This course is designed to introduce students to the purposes, methodologies and substance of comparative law as a legal discipline. The course will give students a grounding in the nature and the elements of the practice of law in different legal systems; develop in students an appreciation of the social, political, historical, economic and cultural factors that are reflected in various legal systems; and prepare students for the study of more specialized courses in the comparative law area. Students will study and compare legal systems in the common law tradition (not just the U.S. but also the U.K. and possibly India and/or other countries) and those in the civil law tradition derived from ancient Roman law (looking primarily at France, Germany, Italy, and probably Chile and perhaps other countries). Through this course, students should come to appreciate how all modern legal systems, and the actors in those systems (lawyers and judges), address the same human problems - and how their methodologies differ based on interconnected factors of legal education, the nature of legal practice, legal institutions, and the society and culture in which they operate. (Haney, McCormack)
This seminar introduces students to comparative law, through exploration of legal systems in Chile. During the first part of the seminar, students will explore Chile's civil law traditions and history. Students will also select individual paper topics, with approval from the faculty. Over spring break, students will travel to Santiago, Chile, to learn more about Chilean legal systems and pursue research on their individual paper topics. During this week, students meet with the law faculty and students at Universidad Alberto Hurtado, a Jesuit university in Santiago, as well as with local lawyers, judges, and others for their specific topics. The second part of the seminar is devoted to student presentations on their paper topics, and on the research they have conducted in Chicago and Chile. Grades are based on program participation in Chicago and Chile, the class presentation, and the written research paper. (Boyer, Haney,Rhodes)
This course deals with the legal ramifications of disputes involving contracts with two or more states or other jurisdictions. When such disputes reach the courts, what law should be applied and how should the determination be made? The course explores these questions and the various methods courts and scholars have proposed and adopted to answer them. The contrasting points of view regarding choice of law, jurisdiction and recognition of foreign judgments are analyzed in terms of which policies best promote harmony and efficiency in the federal system and accord with the federal constitutional requirements of due process of law and full faith and credit to the judgments of sister states .A special focus this year will be on the application of these areas of law to family law issues.
This seminar examines the laws and legal system of a different country each year and consists of a semester-long class and a required field study and service component over spring break. Past countries of study have included Tanzania, India, Thailand, South Africa, and Turkey. This unique team-based experience actively engages students in the learning process. Students, working in teams under faculty direction, conduct research, make class presentations, organize the field study and service components of the course, develop group research proposals, and produce scholarly papers, several of which have been published.
Human rights issues have come to the fore front around the world, in courts and legislatures, in corporate board rooms, in the corridors of the United Nations and the international trade and financial institutions. This emergence and universalization of human rights has arisen as the promotion and globalization of free markets through trade liberalization, flows of foreign direct investment and finance across national boundaries has intensified. This course will examine how the growing influence of the international human rights framework is implicated in settings such as the overseas manufacturing operations of companies like Apple, in extractive industry mining activities such as those involving ‘blood’ diamonds, and in China’s huge infrastructural projects particularly in Africa. These case studies and more will be examined in light of the history and theoretical origins of human rights such as rights to food, housing, health, education, cultural expression, political participation, and prohibitions of discrimination and violence. The course will examine a variety of responses to these case studies as they relate to the legal framework under major international and regional human rights treaties and how international, regional, and domestic courts, (including federal courts under the Alien Tort Statute), and other actors have interpreted them. No prerequisite is required.
This course includes an examination of the following: historical perspective; execution of the laws; the 1952 Act and its amendments, including the 1986 amendments; a review of the immigration system including judicial review and the naturalization and citizenship process; rights, privileges and obligations of aliens in the U.S.; ethics of legal practice in this area; the future of immigration law and policy. (McCormick, Vinikoor)
An estimated 12 million people live and work in the United States illegally, according to many news accounts. As the immigration debate rages, the focus is on both the immigrant workers and the employers who supply the jobs. It has been illegal to employ unauthorized immigrants in the U.S. since 1986. The Immigration Form & Control Act (IRCA) requires all employers to verify employment eligibility through the I-9 form, but the government has not been consistent enforcing immigration laws in the workplace. Moreover, many states and municipalities have taken on the issue and have passed their own immigration laws. The Immigration and Customs Enforcement (ICE) agency is responsible for ensuring that employers comply with the law and has issued new priorities in workplace enforcement. Other laws protecting workers, such as labor and comprehensive immigration reform. This course will focus on the obligations of US employers, both under IRCA and beyond and the implications of illegal immigrant employment. It will examine pitfalls that await an employer who tries to comply with the law and analyze the penalties that can be assessed against an employer who discriminates against workers because they appear foreign. It will also review the civil and criminal penalties against employers who knowingly employ unauthorized workers, sometimes exploiting them with substandard working conditions, reviewing cases that have been brought against employers.
This is a seminar class limited to 20 students. Attendance is mandatory. Students will be assigned to a team and each week, the team will be expected to report on various aspects of this issue, with assigned readings. The last five weeks of class will be devoted to student presentations on relevant issues. Students will choose topics of interest and, with approval, will give a presentation, write a paper and submit a research file. No exam.
This is a one credit course taught sometimes in one of the summer programs. In this course, students will learn how international commercial arbitration works. In most international contracts, the parties agree that all disputes will be resolved by arbitration. This private dispute mechanism provides a number of advantages over litigation. One of the most important advantages is that by agreeing to arbitrate, a party avoids ending up in the other party's court system. An arbitration award is also more easily enforced in a foreign jurisdiction than a court judgment, because of an international treaty known as the New York Convention. Students will learn about the various laws and rules governing international arbitration, as well as specific, practical knowledge about arbitrating, such as how to draft an arbitration clause, how to choose an arbitral institution, how to select arbitrators, the ethical rules that apply to arbitrators, the bases for challenging arbitrators, the conduct of the arbitral hearing, rules governing admission of evidence, availability of interim measures, the grounds for vacating an award, and the means of enforcing an award. (Moses)
Arbitration is increasingly the dispute mechanism of choice, particularly in international disputes. In private international commercial arbitration, neither party wants to be required to resolve a dispute in the foreign court system of the opposing party. In state to state arbitrations, and in state to private company arbitrations, no sovereign state is willing to be subject to the jurisdiction of another sovereign state. Thus, as international business and investment has grown, so has the prevalence of arbitration to resolve international disputes. This course will focus on various forms of international arbitration, whether between two private companies from different countries trying to resolve a contract dispute, two sovereign nations involved in a border dispute, or an investor and a host country dealing with an investment dispute. No prerequisite is required.
This course is designed to introduce the law student to the basics of advising and representing clients in international arbitration. The course will consider the basics of negotiating and drafting arbitration clauses such as the use of standard arbitration clauses, choice of the arbitral institution, seat of arbitration, number of arbitrators, language and the applicable law. It will then turn to the fundamentals of party representation in international arbitration such as nomination and appointment of arbitrators, written advocacy, document production, witness testimony and oral argument. The course will pay particular attention to the cross-cultural challenges and ethical issues pertaining to in international arbitration advocacy.
This course will explore the international legal aspects involved in the art industry. For this one credit course, the materials will focus on the acquisition and ownership of art that crosses borders. Specific questions will include the acquisition of works of art privately through foreign dealers or galleries, or by way of auction, and the questions of competing title that arise over works of art or cultural property proceeding from war or peace time looting.
An introduction to the legal aspects of international business. The course emphasizes the legal problems associated with international trade in goods and foreign direct investment, and covers regulation at the private, national, and international levels, and also may include an extended treatment of international litigation problems and/or the role of the multinational enterprise in world business. (Haney, Heard, Moses, Walker)
In the last decade, children have become "the newest kids on the human rights block." This seminar examines new laws and treaties developed to respond to age-old problems faced by children around the world. The course begins with a study of the U.N. Convention on the Rights of the Child, the most rapidly and widely accepted human rights document in the history of international law. It then examines ways in which these laws are being implemented, including a review of child and family law cases decided by the European Court of Human Rights in Strasbourg. The course explores such substantive areas as the comparative treatment of child abuse and delinquency, and the issues of child labor, international abduction, the plight of child soldiers, and the sexual exploitation of children. (Geraghty)
(This class is limited to 16 students)
The course uses as a focus the Willem C. Vis International Moot Arbitration Competition. Sponsored by Pace Law School, the Vis Moot is based on a problem governed by the U.N. Convention on Contracts for the International Sale of Goods (CISG). In the spring, an oral competition is held in two different venues, Vienna and Hong Kong. Recently, Loyola has been able to send a different team of students to each of the venues. The course includes about three weeks of study of the CISG, as well as approximately three weeks of study of international commercial arbitration, including basic laws and rules, how to draft an arbitration clause, how to choose an arbitrator, and how to participate in an arbitration as an advocate and as an arbitrator.
While the first half of the semester is spent learning about the CISG and arbitration, the second half is spent putting that knowledge into practice. When the problem on which the Moot Competition is based comes on line in October, students work collaboratively to draft Claimants' and Respondents' memoranda. The Claimant's memorandum is due in early December, and the Respondent's memorandum is due in late January. Students also present an oral argument before arbitrators from Chicago law firms, at the offices of the respective law firms. At the end of the semester, a second oral argument is held at the law school, after which students are chosen who will have the opportunity to compete in Vienna and Hong Kong during the spring semester, for an additional two hours of credit.
Through the emphasis on both brief writing and oral arguments, students make significant progress in their skills as advocates, as well as their understanding of dispute resolution in an international context. Their accomplishments have been well recognized in both competitions. More information about the Vis Moot is on the Pace Law School Website: www.cisg.law.pace.edu/vis.html.
Eligibility: If a student is part of a moot court team that will be arguing in the fall semester, he or she is not eligible to take this course, since this is a skills-based course requiring substantial out of class effort in both brief writing and oral argument. If a student is part of a moot court team that will be arguing in the spring semester, he or she is eligible to take the course in the fall, but will not be eligible to compete to be an oralist in the Vienna or Hong Kong competition. Corboy Fellows are not permitted to take this course. The course is not open to LLM students, unless they wish to audit.
Important: Permission of the professor is required. In order to apply, please submit a resume and a statement of interest to Professor Moses, firstname.lastname@example.org explaining a little about your background, and why you are interested in taking this course. (Davis, Moses)
This module explores the internationalization of competition law in the context of globalization and international trade. It examines the regulatory framework governing competition among firms internationally, identifying and analyzing the existing limitations and challenges in this regard. In particular, it looks into rules governing extraterritorial jurisdiction, discovery, recognition and enforcement of judgments in the international context. It also explores issues pertaining to merger review, trade and competition interface and the existing cooperation between antitrust agencies. The course is comparative in nature and focuses predominantly on US Antitrust and EU Competition Law. No prior knowledge of competition law (antitrust) or international economic law is assumed. (Martyniszyn)
Assessment: Class participation (10%), two small class presentations (10% each, in total 20%), 6500 words essay (70%)
Note: for the purposes of this module students may be required to watch Hollywood movies and YouTube clips!
This seminar will begin with a brief baseline description of some of the most significant features of United States labor and employment law. Comparative materials will then cover the basic employment laws of Canada and Mexico. We will then look at the regional regime established in the NAFTA labor side accords. Next we will move to Europe to study the employment laws of the United Kingdom, Germany and France, followed by the regional employment laws generated by the European Union. Following that, we will look at the employment laws of Japan, China and India. The final focus of the seminar will be on International labor law, particularly the International Labor Organization. (Zimmer)
This is an upper division elective which focuses on key issues in international/comparative health law and policy encountered in the global arena. While there are no explicit prerequisites, students should have some background in public health law as well as general health law. The class will be taught in a tutorial fashion requiring students to be involved in three group project exercises on selected topics. In addition each student will be required to write two papers. Topics to be covered include international public health law institutions, WHO, WTO, UN, NGOs, the role of private law, and legal issues surrounding topics such as communicable disease prevention and treatment, climate change and health, sanitation, violence and public health, population planning and control, migration and health, trafficking in people and organs, global e-health, micro-financing and health. Readings will be assigned, largely from web based materials. (Blum)
This course examines the civil, political, economic and other rights secured to individuals and groups by international law. It examines the major source of those rights, including the United Nations and regional organizations, and it discusses the substantive content of those rights. Particular attention is given to how those rights are enforced, from judicial decisions in national and international tribunals through other mechanisms developed in various international and regional settings, including the role of NGOs. No prerequisite. (Haney, Shoenberger)
This seminar will examine select topics in contemporary international law practice and scholarship. Approximately every other week, the course will feature presentations of papers or works in progress by a leading international law scholar or practitioner. Students will submit short written comments of each paper in advance of its presentation. These comments will be sent to the speaker and the two hour session will be devoted to discussion of the paper and these comments. No prerequisite is required.
This course introduces the structure of the international legal system, examining the sources of international law; the roles of states, individuals and other actors; methods of dispute resolution; and the status of international law in the U.S. The course examines topics of substantive law, including the use of force. Finally, the course examines how international law affects, and can be used in, domestic practice. (Haney)
This course will focus on international tort issues, including products liability, medical malpractice, and the role of torts in terrorism.
The course focuses on the law governing the international sales of goods, with a particular emphasis on the United Nations Convention on Contracts for the International Sales of Goods (the "CISG"). Topics including the scope of the CISG, contract formation under the CISG, buyers' and sellers' performance obligations under the CISG are compared and contrasted with corresponding approaches under British and American law (particularly with regard to Article 2 of the American Uniform Commercial Code). Attention is also paid to risk-of-loss issues arising in relation to the International Chamber of Commerce's commercial delivery terms ("incoterms"). (Williams)
Prerequisite: Federal Income Tax. This course focuses on U.S. income tax issues with respect to the foreign activities of U.S. taxpayers and U.S. activities of foreign taxpayers. Particular emphasis is placed on the corporate taxpayer. Foreign tax systems are not addressed specifically except to highlight differences from the U.S. system. Specific topics include the foreign tax credit, sourcing rules, the "effectively connected" doctrine, the concept of trade or business in the U.S. Code section 482 allocations, subpart F income, and tax treaties. (Brunson)
This course is designed to familiarize the students with the regulatory system of international trade. Through the materials discussed in the course, focusing on the case law and jurisprudence of the WTO/GATT, the course is aimed at understanding the institutional framework of that system and the ways in which it functions. In addition the course deals with a large number of substantive issues on the international trade agenda.
While the course is focused on legal theory and doctrine of international trade, we will approach each and every topic from economic and social perspectives. Thus, the course is designed to follow a truly interdisciplinary tour of the relevant subject-matter.
The issues covered in the course include: Theory and Policy of International Trade; The Legal Structure of the GATT/WTO System; Dispute Settlement; The Most-Favored-Nation (MFN) Principle; Multilateralism and Regionalism; The National Treatment Clause; Escape Clauses and Safeguards; Article XX Exceptions and whether they include human rights rationales for deviating from otherwise binding obligations; Dumping and Antidumping Law; Subsidies and Countervailing Duties; Trade and Intellectual Property Rights: the TRIPS Agreement and access to essential medicines in particular; Trade in Services: the GATS; Trade and the environment; as well as Trade and development. (Gathii)
This course aims to provide students with an overview of the modern Chinese legal and political systems and lawyering in China. As an economy and society in transition, China has undergone tremendous changes and is facing many challenges while it seeks to transition into a market economy with Chinese characteristics. Our class discussion will focus on the issues that China is trying to address and the pitfalls of which international legal practitioners should be aware of when representing clients doing business in China or with Chinese companies. The course consists of two components (with a little Chinese culture, language and survival tips sprinkled in as appropriate): 1. an overview of the historical foundations of Chinese law and the present legal system and political institutions in China; and 2. a brief introduction of Chinese laws applicable to US companies doing business in China. When necessary and/or appropriate, this course may be co-taught by a lawyer/practitioner active in the Chinese legal market. (Study Abroad China)
This lecture series is a mandatory preparatory course for students who have been selected to participate in the annual London Comparative Advocacy Program. It explores a variety of issues pertaining to the English history and its legal professions. Topics include the history of the common law, the development of the English legal profession, English civil and criminal procedure, the role of the European Union in English law, the modern legal professions and the history of London. (Faught)
The course will begin by examining the origins of Islamic Law and its sources. Following the introduction, the course will shift to explore several substantives area of Islamic Law, such as constitutional law, family law, criminal law, and Islamic finance. These areas will be examined through a study of various cases in in the legal system of contemporary, Muslim-majority states, especially in the Middle East and Southeast Asia. The course will also explore the intersection of Islamic Law and human rights in contemporary Muslim-majority states. At the end of this course, students have to write a twenty page paper on a particular issue of Islamic Law for successful completion of the course. (Hendrianto)
This course is the second credit of a two-credit ungraded program. To prepare for the visit to London, students are required to take Introduction to the English Legal Profession (1 credit) during the fall semester prior to the trip. Participants are then required to register for this course in the spring semester after the conclusion of the trip to London. Students are required to submit a 20 page research paper by a deadline in May on a topic approved by the instructor.
Each year, students are selected to travel to London for about two weeks between semesters. In London, students engage in a number of activities focusing on the British legal professions, the system of advocacy and legal history. For students who hope to be selected for the program, completion of Trial Practice I is recommended. Applications for the program are due each April and the program faculty selects the participants for the following year. There are always far more applicants to the program than available space. (Faught)
The course is designed to introduce students to legal issues faced by international organizations planning to invest in the U.S.A. The course is based on a practical approach and will familiarize students with the legal framework attorneys consider when counseling clients on various options of foreign commercial activity in the U.S.A. Students will identify legal issues based on a client’s actual business plan, and develop the best strategy to meet the client’s investment goals. The simulation of the challenges of today’s international corporate practice develops the students’ strategic counseling skills.
The course will analyze the traditional vehicles of investments in the U.S., including supply/agency/distribution agreements and establishments of U.S. operations. Students will examine the legal implications of various forms of business enterprise (sales or distribution company; manufacturing operations) in terms of liability tax, labor and employment, and immigration issues. The class will explore other methods of foreign investment, including acquisitions and joint-ventures, and their legal consequences, and will conclude with a look at U.S. regulation of foreign investment and issues in dispute resolution. (Fiordalisi)
An introduction to the legal aspects of international business. The course emphasizes the legal problems associated with international trade in goods and foreign direct investment, and covers regulation at the private, national, and international levels, and also may include an extended treatment of international litigation problems and/or the role of the multinational enterprise in world business. (Heard, Moses, Walker)