Academics

This course provides non-lawyers with a framework for understanding the central features, branches and tenets of law and how that knowledge promotes the advancement of the rule of law. It starts with the meaning of “law” itself, its nature, origins, and modern-day sources across legal systems. The course builds on these definitions by looking at different legal traditions and legal philosophies which theorize about the intersection of law, morality and justice. The course reveals how the law is experienced and shaped by “legal professionals,” giving special attention to judges and judicial decision-making. In analyzing seminal legal cases, students will learn skills like legal reasoning, case analysis, basic legal writing, as well as being introduced to negotiation and mediation. Students will study the rules, rights and obligations that comprise constitutional law, contracts, torts, property, criminal law and procedure; students will also consider the role of international law and international organizations in shaping national (domestic) laws and practices. These topics taken together will lead to a stronger understanding of the rule of law as a necessary component to any successful legal system that serves its people.

 This course provides an overview of the main intellectual foundations supporting the view that law and development are linked. While this connection may appear obvious, the course seeks to show that the relationship may not be as straightforward as first impressions might lead one to believe. Indeed, proponents of the presumed relation between law and development must confront two important distinctions well known to social scientists:  causation versus correlation. Evidence that societies, which have achieved high levels of development, typically have good legal systems is incontrovertible. What is less clear is how they got where they are and in what sequence. Put differently, do good laws and institutions generate good development outcomes or does development lead to good laws and institutions? The course applies interdisciplinary and comparative research in history, economics, sociology, political science, regulatory theory, and philosophy to questions of law and the development of legal institutions and does not assume any prior knowledge in any field outside of law. 

This course will develop the students’ knowledge and skills required to provide advice and assistance in a country with a culture and a legal tradition different from the culture and legal system in which they received their education. The course will examine and compare the main elements of particular relevance to rule of law assistance work in major world legal traditions: common law, civil law, Islamic law, customary law, and mixed legal traditions. It will also explore how the force of their normativity is effectively applied and how institutional frameworks deal with overlaps. Finally, the course will encourage students to consider the ethical dimension of cross-systems rule of law advising.

This course is designed to assist lawyers and other professionals working with the law in developing the techniques of researching and writing in relation to rule of law development. The primary objective of this course is to enable students to apply research skills, which will be instrumental for conducting in-depth studies on rule of law development topics for major papers during the PROLAW Program and for the final capstone project. With a focus on development issues, substantial emphasis is given to socio-legal and empirical legal research methodologies. A secondary objective is that students will acquire writing skills that can be used in various practice settings involving legal and policy analysis, policymaking, and implementation of rule of law development research studies. Students will also gain expertise on how to research and analyze issues from other disciplines that contribute to the processes and dynamics of legal and institutional reform. This knowledge is foundational for developing theories of change and is critical to formulating strategies, plans, and analyses of rule of law advocacy and reform programs.

The course provides a survey of international trade law and addresses the impact of law, legal frameworks, and institutions (LFIs) on economic development. International trade plays a key role in national economies, and this course provides an analysis of the legal frameworks for international trade. LFIs also have significant impacts on development, particularly economic development. Recognizing this importance, the post- 2015 development initiatives by the United Nations (the Sustainable Development Goals) include the rule of law as a development target. The course analyzes the impact of LFIs. The course covers pertinent issues of international trade law and practice, including the principles of international trade law, tariffs and subsidies, trade remedies, regional trade agreements, and investment. The course also explores the theories and practices pertaining to law and economic development. In particular, the course explains how law affects economic development generally and how LFIs influence economic development in specific key areas relevant to economic development, such as property rights (including intellectual property rights), legal framework for political governance, regulatory framework for business transactions, and state industrial promotion.

the institutional frameworks and legal mechanisms by which international development assistance is distributed for rule of law and state-building activities and the legal and regulatory structures that apply to development assistance. The course begins by considering the reasons that donors provide aid generally and for rule of law, followed by the examination of the normative frameworks and standards that shape the manner in which aid is distributed, institutions and actors, mechanisms by which aid is programmed and actual use of aid by recipients. The overall approach begins at the global level and follows the chain of development aid through its various elements down to the national level. A key theme of the course is that the approach to international development assistance is broadening. Historically, financing for development was understood primarily in terms of public sector resources. As a result of a confluence of factors, development institutions have been seeking to gather resources from the private sector to supplement official development aid.

This course explores the relationship between rule of law, conflict prevention, mitigation, and peacebuilding for development. Drawing from ongoing case studies and international practice, the course examines the drivers of conflict, the dynamics and changes in the social fabric during conflict and how rule of law addresses those challenges. The focus is on justice as foundational to establishing the security and institutional legitimacy necessary for human development. The course will examine how unaccountable and ineffective law enforcement and governance institutions contribute to conflict. Given an understanding of the context, course discussions will seek to identify practical modalities for strengthening rule of law and justice reform, including transitional justice. Course materials include case studies, evidence-based analyses, and commentary. Students will be called upon to apply the course learning to a specific conflict affected context. Drawing on other courses in the program such as assessment, program design, implementation and oversight, students will identify opportunities for rule of law engagement in conflict contexts and propose relevant strategies and adaptive programming. 

This course will provide students with the knowledge and skills required to undertake assessments, the crucial lynchpin which supports the design of specific policies, legal and regulatory reforms, and administrative actions. The course demonstrates how developing a clear understanding of problems facing a society is fundamental to good governance and the rule of law. The course assumes that such understanding can be facilitated through professionally prepared assessments which identify the root causes of problems facing a country in a given area and put forward options for remedial action. Students will learn how to use the rich body of documented experience and guidance available on structuring and preparing assessments by learning how to plan and carry out assessments linked, for instance, to justice sector reform, access to justice, the improvement of the legal framework for investment and sustainable business and the control of human trafficking.

This course will build the understanding and skills of students in project design and the preparation of written proposals related to rule of law assistance, which can be carried out either in the context of an internationally financed assistance arrangement or as a nationally driven and self-financed initiative. Building on the needs assessments PROLAW course, the course will position project design as it fits into the overall project lifecycle, as well as its relationship with results-based management. The course will allow the student to understand the theory behind and the methods for conducting problem, stakeholder, and risk analyses, designing a logical intervention including project objectives, outcomes, outputs and activities, setting a budget, performance indicators, and means of measuring project progress, and applying theory of change and other logical framework tools. In the second half of the course students will out their newly acquired knowledge and skills to use by preparing a full written project proposal. The course will examine donor thinking behind requirements and how to respond to them, examine current thinking concerning the effectiveness of the project approach to rule of law reform and consider the meaning of innovation, such as problem-driven iterative approaches.

This course will analyze the main principles, tasks and tools commonly used to manage a rule of law project, particularly in comparison to other types of project management. Topics will include the control of the timing of various steps in implementation (start up, work planning, activities, monitoring and evaluation, reporting, and close out), human resource management, stakeholder management, procurement, inventory, and budgeting. The course will also address common challenges including managing a project with weak design or insufficient budget, managing conflicts, dealing with emergencies and mid-course corrections, and the key requirements for successful project management – teamwork, accountability, leadership, substantive knowledge and skills, and cultural literacy.  Students will have an opportunity to apply their knowledge and skills by working through a model project in teams and producing a sample deliverable “on time, on budget, and according to specifications.”

The Rule of Law Capstone Project is the culmination of the student’s academic and individual experiences in the PROLAW program. In carrying out the Capstone Project, students will have the opportunity to consolidate everything they have learned in the PROLAW curriculum and reinforce their practical experience in applying this knowledge and skills through a final multi-faceted exercise. The final outcome of this course will enable each student to demonstrate in relation to a specific real-world law and governance reform process that he or she is capable of using what was learned in PROLAW to produce useful and professional documentation and communicate this content to clients and stakeholders effectively. Capstone projects can take a variety of approaches. In some cases, students may develop or have a preexisting relationship with an external organization, which provides an opportunity for students to work on their particular topics. Students may alternatively decide to conduct research and determine the need and feasibility of a possible initiative to address the problem they identify. Likewise, students can also choose to develop a project to implement an existing agenda or initiative at the national or international levels.

The Student Journal on Rule of Law (PROLAW Student Journal) is published annually and aims to educate and sensitize the members of the legal, academic, socio-economic and development communities on cross-cutting rule of law for development issues. It places emphasis on making feasible recommendations for improvement in understanding, adhering to and promoting the rule of law worldwide. PROLAW students edit, manage and publish journals.

Learn more and reference our previous publications.

The Rule of Law Lecture Series supplements the curriculum whereby invited faculty members and rule of law professionals from development agencies, non-governmental organizations and other universities share their experiences on diverse rule of law topics. Featured speakers have included:

• Nawaf AlMahamel, Legal Advisor for Kuwait Fund for Economic Development & President of the Assembly for the International Development Law Organization (IDLO)
• Sumit Bisarya, Head of Constitution-Building Processes at International IDEA
• Scott Carlson, Associate Executive Director, Global Programs, American Bar Association Rule of Law Initiative (ABA ROLI)
• Dimisthenis Chrysikos, Crime Prevention and Criminal Justice Officer, United Nations Office on Drugs and Crime (UNODC)
• Chontit Chuenurah, Director of the Office for the Bangkok Rules and Treatment of Offenders, Thailand Institute of Justice (TIJ)
• Tom Ginsburg, Leo Spitz Professor of International Law, Ludwig and Hilde Wolf Research Scholar, Professor of Political Science at the University of Chicago.
• Yohannes Kassahun, Founder & Director, Institute for Economic Growth & Legal Reform (IGROW)
• Rachel Kleinfeld, Senior Associate, Democracy and Rule of Law Program, Carnegie Endowment for International Peace
• Ian P. McDougall, President, LexisNexis Rule of Law Foundation and Executive Vice President and General Counsel for the LexisNexis, Legal & Professional, a division of RELX Group PLC
• Katherine Meighan, General Counsel, International Fund for Agricultural Development (IFAD)
• Swithin Munyantwali Esq., Executive Director and Co-Founder of the International Law Institute African Centre for Legal Excellence (ILI-ACLE)
• Gerard Johannes Sanders, Senior Adviser to the President and General Counsel Emeritus of the Asian Infrastructure Investment Bank
• Naresh Singh, Vice Dean & Professor of the Jindal School of Government and Public Policy at OP Jindal University and Former Executive Director of the UN Commission on Legal Empowerment of the Poor
• Federico Soda, Director, Coordination Office for the Mediterranean, International Organization for Migration (IOM)
• Andrew Solomon, Senior Rule of Law Advisor, United States Agency for International Development (USAID)

• European Commission, Directorate-General for International Partnerships, Bossuyt, J., Vaillant, C., MacKellar, L., Saba, J., et al., Evaluation of the European Union support to rule of law and anticorruption in partner countries (2010-2021), Publications Office of the European Union (2022) 
• Thomas F. McInerney, The Emergence of Intelligent Treaty Systems and the Future of International Law, Illinois Journal of Law, Technology & Policy (2022)
• Thomas F. McInerney, Factors Contributing to Treaty Effectiveness: Implications for a Possible Pandemic Treaty, Global Health Centre Policy Brief (2021)
• Thomas F. McInerney,  Justice, Complexity and Effective Governance in the Twenty-First Century Problema Anuario de Filosofía y Teoría del Derecho (2021)
• Chaudhri, Javade. Saudi Arabia's New Mining Law Jones Day. (2020)