Legal Studies (LAW-UH)

This course poses the fundamental questions: "What is law?"; "What is a legal system?"; and "What is the rule of law?" Appreciating that law reflects different cultural and historical facts, the course employs a comparative methodology in order to explore the fundamental questions from the perspective of various legal traditions. This comparative methodology considers jurisprudence from African, Chinese, Hindu, Marxist, Islamic, Southeast Asian, and Western legal traditions. In relation to these diverse legal traditions, the course examines the topics of natural law, legal positivism, interpretivism, legal realism, justice, human rights, critical legal studies, feminist jurisprudence, critical race theory, and post-modernist jurisprudence.

This course provides an introduction to sources of law, legal research, legal reasoning, and interpretative methodologies. The course discusses the sources and techniques for basic legal research. It develops and hones students' ability to write about complex legal issues in a variety of settings and for a variety of audiences. The course focuses on the interpretation of texts, developing clear and persuasive arguments, and the use of available library resources including technologically available legal materials. It also treats the drafting of legal briefs, memorandum, and other legal documents. A central feature of the course is to lay the groundwork for working with various law-related texts as a foundation for legal studies and for the eventual senior capstone thesis.

The history of Western law is that of the two Romes, of the Papacy and law - papatus and imperiatus. It is a narrative of codification and the books of law, of scriptural texts and the casuistry that they generate. The first moment of legal study is that of inaugural texts and collections, of sovereignty, its representation and its textual delegation. The course will introduce the hierarchy of sources of law, the process of enacting law, the concepts of norm and rule, and then the plural regime of legal interpretation of sources, the hermeneutics of practice. Beginning with the concept of the code, the course will proceed to the topics of statutory interpretation, systems of precedent, and forensic rhetoric in distinct substantive legal disciplines. As the English legal sage Sir Edward Coke put it, inevitably in Latin, nemo nascitur artifex - no one is born a lawyer. To this end, the methods course will also entail and be supported by a vigorous legal writing and research program.

The law has become a central subject in the world of business, setting the rules and regulations under which economies operate. This course explores the legal environment in which businesses operate and studies the interaction between business and the legal system. The course will first introduce students to the legal and constitutional environment of business and business dispute resolution. Students will then be introduced to intellectual property and internet law, business crime and regulatory compliance, business contracts on a comparative law basis, business negotiable instruments such as checks and banking, letter of credits, documentary credits, debtor-creditor relationships and more specifically creditor's rights, bankruptcy, reorganization, employment relations, agency, labor and immigration. This course will then examine the business organizations such as sole proprietorships, partnerships, limited liability companies and different topics that dictate how to form, buy, manage, run, close or sell a business. NOTE: Students may take either LAW-UH 1013 or LAW-UH 1014. Students who take both cannot use the other as a Legal Studies elective.

This course is designed to provide you with the basic building blocks, the knowledge and skills, to deal confidently with company law. It is an area of law that many students expect to be dry, technical and difficult. It is certainly challenging and as a largely statute-based area of law, potentially dry. But the reality of company law is very different. The course does not slavishly follow the structure of the Companies Act 2006 - the largest piece of legislation ever produced by Parliament. That would be an impossible project and an ineffective way of studying company law. Focusing upon underlying fundamentals, contemporary debates and transferable skills this module enables you to explore the basic principles and concepts central to company law in their social setting. The course treats the role of company law in the regulation of business organizations, introduction to legal forms of business organization; incorporation; separation of ownership and control, corporate governance, directors' duties, and remedies. NOTE: Students may take either LAW-UH 1013 or LAW-UH 1014. Students who take both cannot use the other as a Legal Studies elective.

This course is designed to provide you with the basic building blocks, the knowledge and skills, to deal confidently with company law. It is an area of law that many students expect to be dry, technical and difficult. It is certainly challenging and as a largely statute-based area of law, potentially dry. But the reality of company law is very different. The course does not slavishly follow the structure of the Companies Act 2006 - the largest piece of legislation ever produced by Parliament. That would be an impossible project and an ineffective way of studying company law. Focusing upon underlying fundamentals, contemporary debates and transferable skills this module enables you to explore the basic principles and concepts central to company law in their social setting. The course treats the role of company law in the regulation of business organizations, introduction to legal forms of business organization; incorporation; separation of ownership and control, corporate governance, directors' duties, and remedies. NOTE: Students may take either LAW-UH 1013 or LAW-UH 1014. Students who take both cannot use the other as a Legal Studies elective.

The course in Contracts will provide an international and comparative introduction to the law of volitional obligations. The course will familiarize students with the basic concepts of promise, consideration, offer and acceptance, vitiating factors, terms and conditions, interpretation, performance, breach, and remedies. Comparing the international regulation of sale of goods and the Roman principles underpinning European contract law, the course will then develop the key features of the common law of contract and trace its roots and future in European law.

How are we to understand Law as it is situated in social life? How did Law and Religion become separate institutions in Western societies? Throughout this course we will encounter a number of legal-theoretical positions drawn from classical philosophy and contemporary theorists dating from the pre-Christian era to our present day. The aim will be to engage with Law in a setting beyond its definitiveness, and instead to problematize it. For this, we draw on numerous perspectives including the idea of Justice, the separation between Natural and Positive law, colonialism, literature and themes concerning legal modernity focusing on philosophers such as Michel Foucault and Giorgio Agamben, amongst others.

This course treats the relationship between government and religion, using the opinions of the United States Supreme Court. It offers a close examination of the interpretation of the 16 relevant words from the American Constitution: "Government shall make no law respecting an establishment of religion or prohibiting the free exercise thereof." These words broadly prohibit any government entanglement with religion, while simultaneously investing the government with a solemn responsibility to protect religious freedom; the course examines, among other subjects, the tension within these dual goals and the efforts made to abide by them. Students will read two or three unedited Supreme Court opinions for each class, including various concurring and dissenting opinions. There also are supplementary materials which complement these opinions. There are regular, relatively short writing assignments, in which students critically analyze one of the opinions read for and discussed in class. There may be additional writing assignments as well, and the Classroom Assistants provide instructions for the assignments in advance of their due dates

This course treats the relationship between government and religion, using the opinions of the United States Supreme Court. It offers a close examination of the interpretation of the 16 relevant words from the American Constitution: "Government shall make no law respecting an establishment of religion or prohibiting the free exercise thereof." These words broadly prohibit any government entanglement with religion, while simultaneously investing the government with a solemn responsibility to protect religious freedom; the course examines, among other subjects, the tension within these dual goals and the efforts made to abide by them. Students will read two or three unedited Supreme Court opinions for each class, including various concurring and dissenting opinions. There also may be supplementary materials which complement these opinions. There are regular, relatively short writing assignments, in which students critically analyze one of the opinions read for and discussed in class. There may be additional writing assignments as well, and the Classroom Assistants provide instructions for the assignments in advance of their due dates.

This course continues to examine the relationship between government and religion in the United States, concentrating on the interpretation, meaning, application, and wisdom of 16 words from the American Constitution: "Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof." Building from the fall prerequisite, we will delve deeper into the tension within these dual guarantees and explore their application within the contexts of efforts to aid religious schools in America, to guarantee the right of free exercise of religion in America, and to define religion. Prior knowledge of the subject matter or the United States is not required, but students must have completed the fall prerequisite. Through this course, students will learn skills that form the foundation of a liberal arts education: how to read complex texts, how to deconstruct sophisticated arguments, how to construct their own reasoned opinions, and how to value differences in opinion. Further, students will examine past, current, and potential future global frameworks for thinking, social organization, and behavior.

Alternative Dispute Resolution (ADR) processes are no longer "alternative" but a major part of contemporary justice systems. Modern legal practice requires lawyers to negotiate settlements on behalf of clients and advise clients how to resolve disputes without litigation. This course will introduce students to the theory and practice of ADR methods and provide students with the opportunity to develop practical skills required for dispute resolution and legal practice through in-class role plays and assignments. The course is intended to assist students in developing negotiation skills and the ability to conduct dispute resolution processes and guide the parties towards mutually acceptable resolutions. The course will focus on international dispute settlement and conflict scenarios involving countries and contemporary global concerns such as climate change. International Law principles and instruments will be discussed in class to help students engage in discussions and conduct the role plays, many of which are based on real-life international disputes. National legal systems, relevant domestic law and case law will also be discussed in certain modules.

Common law has for the best part of half a century been a part of European Union law and common law has thus, through international and European links, reattached to its historical and linguistic roots in civil law. The study of substantive law begins with the division, inaugurated in classical Rome, between persons, actions and things. Law operates either in personam, or in rem, through the person or the thing. The study of law thus begins with the concept of subjective right and the law of persons, the framework of citizenship and the definition of the Constitution. Public law, the separation of powers, the legal framework of criminal law and other regulatory domains, and particularly the administration of justice, and the professional responsibility of lawyers, fall within this classification. The domain of private law divides into the basic disciplines of Contract, Tort, and Property. The links from these basic divisions to Commercial, Environmental, and Intellectual Property law will be tracked and framed. NOTE: This course may be replaced by LAW-UH 2011 or LAW-UH 2123.

In Law Schools throughout the world 'constitutional and administrative law' - also referred to as 'Public Law' - is concerned primarily with the legal rules and processes that structure and regulate a country's government. In addition, in this course, we pay equal attention to the study of the historical and contemporary social and political facts and values which qualify the function of such rules. Studying the public law together with the key political facts and values that determine its real function is particularly appropriate in the UK because its constitution, unlike most other countries', is neither codified in a single, legally binding document nor considered to be supreme law that could override the Parliament's will. Instead, the UK parliament is considered entirely free to legislate on any subject matter. Part One will focus on constitutional law and its general structure in the UK, and Part Two will focus on administrative law and judicial review. NOTE: This course may be used in place of the Legal Studies required course LAW-UH 2010, Legal Institutions.

This seminar investigates the state's power to punish. We read foundational works from philosophy, sociology, political science, and law to explore why states punish, how they punish, and whom they punish. The course focuses on the modern American approach to punishment, including its use of mass incarceration and the death penalty. Students will analyze US Supreme Court cases in light of the fundamental purposes of punishment, and compare penal practices around the world. Though subject to change, activities outside the classroom may include attending arraignment court, observing a sentencing hearing, and visiting a correctional facility.

This course will cover interpretation of the Bill of Rights, the Civil War Amendments, and other rights in the US Constitution through the reading of Supreme Court opinions. Topics in this course include freedom of speech and press, free exercise of religion and separation of church and state, the right of privacy, the rights of the criminally accused, equal protection of the law against race, gender and other discrimination, and the rights of franchise and citizenship. Cases are read and discussed closely for their legal and philosophical content.

This course examines the relationship between gender politics, legal theory, and social policy. Students will study the role that the legal arena and certain historical conditions have played in creating, revising, and protecting particular gender identities (and failing to protect other gender identities) and examine the political effects of those legal constructions.

"Inter-national" law, which the English philosopher Jeremy Bentham defined as the rules governing sovereign nations, is today more like a curriculum than a single course. Its subject matter is no longer limited to the "foreign relations" of nations. The course addresses not only the norms that govern states in their legal relations with each other, but also legal issues that arise from the relation of the state to non -governmental actors, business enterprises, citizens and other persons with in their territories. The focus is on understanding the basic sources of international law (treaties and customary law) as well as the actors that influence their development, interpretation, and enforcement (especially governments, international organizations, non-governmental organizations, and international courts).

Climate change will be a foremost theme that will influence financial activities, and policy and legal framework for years to come. In a noticeably short time span, climate change has become a global challenge calling for collective action. Climate change law is emerging as a new legal discipline. Students in this course will explore how climate change law relates to other areas of law and how climate change has elicited rulemaking process at the international, regional, national and local levels. The class will be invited to study the negotiation process, implementation and current status of the United Nations Framework Convention on Climate Change (UNFCCC), the Kyoto Protocol, and the Paris Agreement. The class will then proceed to evaluate the various legal tools that are available at national and international level to address climate change, including cap-and-trade, carbon taxation, command-and-control regulation, litigation, securities disclosures, and voluntary actions.

The growing trend of globalization in nearly every field of human endeavor demands legal experts to acquire an awareness of legal traditions and systems that operate beyond their borders. This course will invite students to explore various legal systems from a comparative perspective. Primarily this course will focus on essential characteristics of the three major legal systems: Civil, Common, and Islamic (Shari'a). The class will also examine diverse legal systems, inspired by various political, social, and religious doctrines. This course will pay special attention to legal traditions explicitly functioning in the United States of America and the United Arab Emirates. This class will offer historical and cultural backgrounds related to the development of legal structures and substantive rules in both territories. Students will study existing judicial systems and essential rules dealing with legal education and practice in the United States and the United Arab Emirates. The class will benefit from guests' lectures and field trips in order to gain a deeper understanding of the procedural and substantive aspects of law.

Companies of all sizes, and across all sectors, are doing business in various forms beyond their domestic borders. This course is designed to provide the students with theories and comprehensive information on the legal and ethical implications and ramifications of doing business internationally, along with the related cultural, political and economic issues. The course will first introduce the students to the world's major legal systems; i.e., the Civil and, Common Law systems. Students will be introduced to the methods pertaining to international business such as international commercial transactions, corporate governance, foreign direct investment issues, transfer of technology, intellectual property with the construction of hypothetical examples. The students will then analyze the scope of liability for the conduct of international business under various theories and approaches within these legal systems (foreign corrupt practices, extraterritorial regulation, tortuous liability, corporate social responsibility). The students will also be introduced to the various methods of resolving international business disputes.

Globalization has affected the way business is conducted. It has also modified and intensified the interaction between government policies and business. In order to evaluate the risk of international business projects and protect the companies against international business uncertainties, knowledge of globalization, cultural and societal environment, trade theory, government in international business, entry modes, economic integration, emerging markets, financial institutions, management strategy, and the legal regimes that shape the trade and investment in Europe, Asia, Middle East, and in North America in areas such as trade of goods, trade in services, intellectual property transfer arrangements, transfer of technology, and foreign direct investment is crucial. The aim of this course is to enable students to better analyze and understand the opportunities and challenges that companies face when expanding their activities internationally.

Literature and law have been characterized as two of the most central narrative endeavors of culture, with legal narratives, moreover, wielding state power. This course will look both at the multiform ways that law has been portrayed in literature and also how jurisprudence itself can be illuminated by understanding it not just as presenting a surface level of evidence, but as a narrative that reflects deeper levels of established social and cultural norms. Students will thus examine, on the one hand, the extent to which literary texts can help lawyers understand a larger human dimension that can revitalize their grasp of the ethical nuances of law. On the other, students will test Dworkin's claim that we can improve our understanding of the nature of law by comparing legal interpretation with modes of interpretation in other fields of knowledge, particularly literature. Readings covered in this course include works by Aeschylus, Barthes, Brecht, Capote, Dostoevsky, Durrenmatt, Fuller, Glaspell, Holmes, Jackson, Kafka, Kleist, Marquez, Melville, Shakespeare, and Sophocles.

Students attend weekly sessions that entail delivering speeches, debating and/or mooting. The sessions are intended to foster clear analysis, the development of persuasive arguments, and effective oral presentation. Students who fulfill the course requirements (as stipulated in the course syllabus) receive 1 credit hour per semester up to a maximum of 4 credit hours over the course of four academic semesters. First year students are not eligible to enroll in this course during their first semester.

Law in Entrepreneurship seeks to prepare students for the interconnectedness of global startup organizations and the internal and external legal environments. The course will provide an introduction to entrepreneurial strategy, focusing on law as a basic framework. Students will gain the fundamental and practical knowledge of legal competitiveness for enterprises, be introduced to a broad range of legal issues encountered by founders and business executives, and develop a set of analytical perspectives for making judgments when such issues arise. Students will act in the roles of key decision-makers or their advisors and solve problems related to the development of the competitive advantage of the enterprise in a given market. While the chief concern of those who create and manage businesses of any kind is often in the mechanics of the business itself, law is an integral part of running the machine that is an enterprise. It is law that sets certain standards for the setting in which a business operates and provides the framework to codify the business' own standards. Thus, insight into the law becomes a significant tool in the business leader's repertoire. It allows you to be mindful of the business' limits and knowledgeable about the manner in which the business can be strengthened. Note: Pending feasible international travel conditions, this course will include a seminar in Tel Aviv.

This introductory level course on renewable energy examines the historical and legal origins of energy regulations and emerging policies. The course provides an introduction to the renewable sources and basic terms and concepts, regulatory trends and other emerging issues. The primary focus of the course will be on renewable energy policies and laws of the developing countries. We will spend considerable time with Africa, Small Island States, United Arab Emirates, and examples from other countries. The centerpiece of this course is to focus on a specific renewable energy project (in a developing country) completed with international cooperation and assistance. The course will also focus on global institutions and policymaking, the divide between industrialized countries and developing countries, the nexus between global climate change and renewable energy, sustainable energy sources, and challenges that global policymakers will face in future. The course will look at the wide variety of local and regional laws, regulatory techniques, and policy objects.

What is Islamic law? What kinds of sources do we use to access Islamic law, and how has Islamic legal thinking and practice changed historically? This course introduces students to topics in Islamic law while addressing questions of continuity and change in the Islamic legal tradition from medieval to modern times. The first part of the course will introduce aspects of substantive Islamic law, including criminal and penal law, family law, and the law of war, through the eyes of a twelfth-century jurist's legal handbook. The second part will explore the diversity of Islamic law across chronological and geographic space, examining topics from classical jurisprudence to Ottoman constitutionalism, the encounter with colonialism and contemporary Islamic states.

This course introduces the principles and rules that govern the relations between States, and their interactions with other international actors on the global stage. It is designed to give students an understanding of the rules governing international relations, their historic development, and their application in the modern world. The course will focus on doctrinal aspects of international law and their critical application, including how politics and power inform the negotiation and enforcement of international agreements. The course will cover a range of topics including: sources of international law, subjects of international law, the use of force in international law, the operation of the United Nations system, settlement of disputes in international law (including the role of the International Court of Justice), international human rights, and international environmental law. It offers a rigorous foundation for further study in this field. NOTE: This course may be used in place of the Legal Studies required course LAW-UH 2010, Legal Institutions.

This course analyzes the legal foundations, global politics and history of the conception, protection, and violation of human rights law. It presents analytical frameworks, concepts, facts, legal theories, and empirical methods used in the study of the politics of human rights law. It examines how democracy and democratization, international law and institutions, the activities of powerful democracies, and global civil society each influence human rights law around the world. It incorporates perspectives from the disciplines of law, political science, economics, history and sociology.

How have the concepts of religion and politics been understood in Islamic legal traditions? How have those understandings changed in response to colonialism and the emergence of the modern state? What is "secularism" today, and how does it relate to Islamic legal thinking in the contemporary world? This course works from the assumption that these three questions can no longer be separated from one another. We draw from recent work in ethnography that shows the everyday reality of Islamic law, in addition to texts in politics, history, and comparative legal theory. We will interrogate dimensions of secularism, sovereignty, and political authority as they intersect with the daily lives of contemporary Muslims in Malaysia, Egypt, Britain and elsewhere. The course begins with a brief, foundational introduction to Islamic law, then proceeds to study the impact of European colonialism in the Middle East and South Asia, the apostasy case against Nasr Abu Zayd, Imam Khomeini's fatwas on sex reassignment, and several cases of religious conversion; the course concludes with studies of how Muslims navigate the landscape of legal pluralism in contemporary Europe.

Arbitration is one of the oldest and most effective methods of dispute resolution. It has grown in importance significantly over the past few decades, particularly on the international level. This course will cover foundational aspects of international commercial arbitration (the arbitration agreement, the arbitral tribunal, the arbitral procedure, the seat of arbitration, the law applicable to the merits of the dispute, and the arbitral award and its enforcement). Students will then turn their attention to the specificities of arbitration in the Middle East and North Africa, from its Islamic origins to its current challenges, as well as to Singapore, one of the leading arbitration centers in Asia and the world. To complement class time, students will meet with several arbitral institutions and other practitioners based in the United Arab Emirates (virtually or in-person) and in Singapore (virtually), to further develop students’ knowledge of contemporary international commercial arbitration.

This course sheds a transdisciplinary and critical light on globalization. It aims to help students understand how late 20th century's hyper-globalization has been underpinned by legal rules, institutions and beliefs that have both fostered economic growth and contributed to the race-to-the-bottom in tax, labor and environmental regulations, thus leading the way to the quadruple crisis (both economic, ecologic, social and political) that we are now facing. It will address these issues by articulating case studies, analysis of legal rules and legal theory. This course will also highlight forward looking analyses and reform proposals aimed at aligning international business conduct with sustainable development goals.

This course aims to provide, from a critical perspective, an historical introduction to the various ways of theorizing Property and Property Rights in the West, some analytics about the key concepts of the field (once called Laws of Things), and a survey of contemporary debates about Property. The method of the course is genealogical. After a brief presentation of pre-modern ways of theorizing Property, the course is first devoted to the rise and triumph of Property as a subjective, absolute and exclusive right. Then, it examines various attempts to overcome this conception, mainly social, analytical and realist critiques, to conclude with a view on the current debate in Property Theory.

How do people, states, and organizations articulate their rights in diplomacy and dispute settlement? What roles do codified law, precedent, and politics play in the resolution of disputes arising from public, commercial, and civil interactions? How do courts and tribunals shape these practices, and how have they created doctrine on jurisdiction, admissibility, interpretation, responsibility, liability, defenses, and evidence? How do lawyers develop legal strategies when law is emerging, fragmented, and precedents are non-binding? This course guides students to answers to these questions through mooting: researching, writing, and presenting legal arguments for hypothetical cases in standardized competitions. The course first introduces dispute settlement and/or prosecution in the international context; legal research techniques, briefing, and argumentation; and sources relevant for a mooting competition. Students then research, write, and practice legal arguments. Qualified students may form a team to compete in international mooting competitions in Dubai, Washington, The Hague, Nuremburg, Hong Kong, or Vienna.

Over half of the world's population now lives in cities, this share has been forecast to increase to close to 70% by 2050. With growing urbanization, cities and their residents have become major consumers of natural resources. However, if urban growth is managed properly, cities also have the potential to be efficient and sustainable users of natural resources, especially in this era of advanced technology that allows for remote monitoring and control of resource use. Recognizing the challenges that cities face and their potential, one of the United Nations Sustainable Development Goals is to "make cities inclusive, safe, resilient and sustainable" by 2030. This seminar will analyze innovative sustainability policies implemented in leading cities around the world and examine the opportunities - and potential drawbacks - to allowing global cities to play an increasingly significant role in environmental regulation. The seminar will feature in-depth case studies of seven mega-cities (Abu Dhabi, Beijing, Berlin, London, New Delhi, New York, and Shanghai) in an attempt to find common features to cities' environmental initiatives.

Intellectual property rights arise upon the creation of art works. As an introduction to intellectual property law, this class will identify and examine the copyright, trademark, design patent, and patent rights which may attach to art works in the fields of literature, visual arts, theater, dance, and film. Focusing on copyright, the extent of the distribution of ownership, transferability, and assignment of these exclusive rights, as well as mechanisms for their registration, transfer, and enforcement, will be addressed and compared across common and civil law jurisdictions including the United States, the United Kingdom, Europe, and the United Arab Emirates. Such study will ensue with the analysis of national legislative frameworks and interpretive case law, and other international materials. Exceptions to the exclusive rights in the art works will also be examined in the context of national and international public policy priorities. Additional topics may include: negotiating music recording contracts, commissioning art installations, bringing concerts to the UAE, identifying art in money laundering, and returning Nazi-era art.

This course provides the students in the Fall, Part I, the enriching opportunity to participate and compete in the 29th annual Willem C. Vis International Commercial Arbitration Moot East "Moot"). Part II of the course will be offered in spring. The full course develops the students' research, writing, and oral argument skills, and provides immediately applicable knowledge as to the process, procedure, and legal framework of international commercial arbitration. The course provides substantive study of international legal materials including the Convention on the International Sale of Goods, the UNIDROIT Principles, the NY Convention, and other international rules, laws, conventions, treaties, awards, and decision. The course results in in-depth knowledge of cutting-edge procedural and substantive legal issues in commercial arbitration as raised in the Moot. Moreover, the course requires significant team work and will result in team unity. The class will collaborate extensively in performing in-depth research on procedural and substantive international arbitral and commercial issues, and depending on the number of students, construct and polish one or more Claimant's Memorandum.

This course provides the students in Part I, the enriching opportunity to participate and compete in the 29th annual Willem C. Vis International Commercial Arbitration Moot East. Part II will be offered in Spring. The full course develops the students' research, writing, and oral argument skills, and provides the immediately applicable knowledge as to how an arbitration runs. Moreover, the course requires significant team work and will result in team unity. The Vis Moot's Problem is released in October, the Claimant's Memoranda are due in December, and Respondent's Memoranda due in January. International pre-moot oral argument competitions begin in February, with a final Moot in Hong Kong in March-April. The Problem will address a dispute concerning a commercial business transaction gone awry. The class will collaborate extensively in performing in-depth research on procedural and substantive international arbitral and commercial issues and depending on the number of students, construct and polish one or more Claimant's Memoranda. The students will also learn to build and deliver sophisticated legal and policy oral arguments. Teams of four students will argue in competitions.

How are animals being treated, and what can laws and policies change about it? This course will address these questions by articulating case studies and analysis of legal rules, while also building on social sciences and legal theory. It will map the values and interests underpinning animal law and policy (from animal ethics to trade in animals and animal products). The course will then examine the various legal rules that set the appropriate standard of treatment of animals on the farm, in the lab, in the wild, etc. Central debates in animal law that are of interest for social sciences will be considered, by insisting on their legal ramifications (e.g. Should animals have rights? Should civil disobedience be penalized ?, etc.). Intersections between animal exploitation and other forms of injustice will be put forward, thus leading students to consider how environmental law, labor law, consumer law or human rights law may be considered as effective gateways to bolster (also) animal protection. Endorsing a critical and forward-looking perspective, the course will sharpen the analytical skills and the legal imagination of students.

This is a course about human difference and the law. Specifically, it is about the human difference of disability. Disability directly affects over 1 billion persons in the world today - or at least 15% of any given population. The course will explore the profound shift in values in recent years from a traditional welfare, charity or 'medical model' of disability to a 'social model' and onwards to a 'human rights model.' It will track how these changes in values has been reflected in law - both national and international. It will examine some of the core features and rights contained in the UN convention on the rights of persons with disabilities (UN CRPD) and it will connect the disability rights debate to ongoing and broader challenges facing humanity including armed conflicts, climate change and the epoch changing impact of Artificial Intelligence.

Refugees are considered a special type of migrant entitled to international protection. But who is the refugee in international law, and what types of protection are available? The international refugee regime did not develop in a vacuum but is directly related to the mass displacement that occurred as a result of the Second World War. However, the 1951 Convention has become central to refugee protection worldwide, with over 140 State parties to the Convention and/or the 1967 Protocol. Hence, we will become familiar with the 1951 Convention refugee definition, the way different courts have interpreted it, and assess whether this definition is appropriate considering the various reasons for forced migration, as well as exploring alternative refugee definitions. This course presents the key aspects of the international protection of refugees. It covers the historical development of international refugee law, the 1951 Refugee Convention, regional refugee frameworks, law and practice worldwide, the relationship between refugee law and other bodies of law, and broader questions of global refugee law and policy, particularly in light of the Global Compact on Refugees.

This course is about environmental rights and access to justice in the Global South. International environmental law aims to be universal and provide responses to global problems. However, environmental law has essentially originated from rich countries and the nature conservation narrative has largely been driven by the Global North. While rich countries worry about higher environmental standards, countries in the Global South struggle with poverty, debt, and climate vulnerability. Is environmental law designed by the rich and for the rich? This course aims to discuss contemporary environmental concerns from the unique perspective of the Global South, highlighting the contributions of academics, judges, and institutions from the South. The course will bring the insights from these diverse voices on issues such as climate justice and adaptation, funding for climate action, indigenous peoples rights and access to justice, among others. Special attention will be given to 21st Century environmental problems. Appropriateness of the present environmental legal regimes and challenges for the future will also be mooted in the course.

The course offers critical consideration of the role and relevance of international law in the Israeli-Palestinian conflict, and offers a nuanced exploration of questions of law, human rights, and social justice. The course will cover issues such as the international legal history of the conflict from the 1917 Balfour Declaration to the 1947 UN Partition Plan to the 1967 Occupation and the Oslo Process of the 1990s. The course also examines the law of occupation, including the application of human rights to occupied territory, the status of the Wall, and Apartheid. Finally, the course will offer a critical assessment of mainstream and alternative solutions, and will end with an assessed class research conference.

How does law concern itself with crime? Indeed, how is crime defined in law and is its conceptualization temporally determined? This course will seek to examine the notion of criminality with reference to the subject of the 'criminal' and the juridical apparatus that seeks to punish it. Here, we will look at juridical concepts of criminal responsibility as well as key criminal legal doctrines. We will situate the juridical notions alongside social, political, and historical contexts. For this we will engage with various perspectives on the historical developments of the idea of punishment, and conclude with the contemporary criminological turn to the management of crime through preventative measures, and surveillance technologies.

How does law concern itself with crime? Indeed, how is crime defined in law and is its conceptualization temporally determined? This course will seek to examine the notion of criminality with reference to the subject of the 'criminal' and the juridical apparatus that seeks to punish it. Here, we will look at juridical concepts of criminal responsibility as well as key criminal legal doctrines. We will situate the juridical notions alongside social, political, and historical contexts. For this we will engage with various perspectives on the historical developments of the idea of punishment, and conclude with the contemporary criminological turn to the management of crime through preventative measures, and surveillance technologies.

The course examines the effectiveness of the tort system in compensating individuals suffering personal injury, injury to reputation, psychological damage, economic loss or incursions on private property as a result of accidents, disease or intentional acts. Focusing on the tort of negligence in particular, the course explores the social, economic and political contexts in which the rules and principles of tort are applied. The first part of the course will explore the historical development of tort, the nature of tort law and the relation between tort and other branches of the law of obligations and tort's relation with other legal systems. It provides an in-depth exploration of two organizing themes (fault and damage) within tort law drawing upon a range of examples from tort law and from the tort of negligence. Part two contains the core of the course and is an extensive exploration of the tort of negligence, with special emphasis on an examination of the duty of care concept. The final part of the course explores some intentional torts, with emphasis on torts aimed at the protection of reputation, confidential information and the quiet enjoyment of land.

The course examines the effectiveness of the tort system in compensating individuals suffering personal injury, injury to reputation, psychological damage, economic loss or incursions on private property as a result of accidents, disease or intentional acts. Focusing on the tort of negligence in particular, the course explores the social, economic and political contexts in which the rules and principles of tort are applied. The first part of the course will explore the historical development of tort, the nature of tort law and the relation between tort and other branches of the law of obligations and tort's relation with other legal systems. It provides an in-depth exploration of two organizing themes (fault and damage) within tort law drawing upon a range of examples from tort law and from the tort of negligence. Part two contains the core of the course and is an extensive exploration of the tort of negligence, with special emphasis on an examination of the duty of care concept. The final part of the course explores some intentional torts, with emphasis on torts aimed at the protection of reputation, confidential information and the quiet enjoyment of land.

This course examines the ethical issues raised by the function of law and lawyers in protecting individual rights and advancing the common good. The increasing globalization and transnational practice of law warrants a comparative perspective with regard to specific issues in legal ethics. Legal materials are drawn from a variety of jurisdictions, such as Australia, China, the European Union, Finland, France, Germany, Japan, New Zealand, Russia, the United Arab Emirates, the United Kingdom, and the United States, in order to elucidate the relevant issues in legal ethics. Among the issues addressed are the legal profession and professional identity, trust, truth telling, confidentiality, conflict, client autonomy, access to legal services, cause lawyering, ethical breaches, and malpractice. These ethical issues in law are considered from a range of philosophical, cultural, social, economic, political, and religious perspectives.

This course, Parts I & II, provides the students the enriching opportunity to participate and compete in person in the 30th annual Willem C. Vis International Commercial Arbitration Moot East or Vis Moot Vienna ("Moot"). Students must take Part I to enroll in Part II. The full course builds on the fundamental knowledge and research, brief writing, and oral argument preparation and performance gained in the prior year of participation. This course provides complex and immediately applicable knowledge as to the process, procedure, and legal framework of international commercial arbitration. This course provides a deeper substantive study of international legal materials including the Convention on the International Sale of Goods, the UNIDROIT Principles, the NY Convention, national laws, and other international rules, laws, conventions, treaties, awards, and decisions. Moreover, the course requires significant teamwork and will result in team mentorship & unity. The course ends in professional-level, exhilarating, international oral argument competitions.

This course is a continuation of LAW-UH 3101, which provides the students the enriching opportunity to participate and compete in person in the 30th annual Willem C. Vis International Commercial Arbitration Moot East or Vis Moot Vienna ("Moot"). Students must take Part I to enroll in Part II. The full course builds on the fundamental knowledge and research, brief writing, and oral argument preparation and performance gained in the prior year of participation. This course provides complex and immediately applicable knowledge as to the process, procedure, and legal framework of international commercial arbitration. This course provides a deeper substantive study of international legal materials including the Convention on the International Sale of Goods, the UNIDROIT Principles, the NY Convention, national laws, and other international rules, laws, conventions, treaties, awards, and decisions. Moreover, the course requires significant teamwork and will result in team mentorship & unity. The course ends in professional-level, exhilarating, international oral argument competitions.

Constitutional Courts are a relatively recent institutional innovation. With the exception of Greece, no European country followed the American example, which created a constitutional jurisdiction in the early 19th century. Only after the Second World War did we see the emergence of constitutional courts in Germany, France and Italy, with unquestionable jurisdiction to oversee the actions of both the executive and the legislature. This institutional model has now spread around the world, as constitutional or supreme courts play a central role in maintaining political stability. This course will examine how some of these new constitutional courts work both in theory and in practice. We shall begin with the emergence of judicial review in the United States, and will continue to Europe, Israel and the new post-colonial courts of India, South Africa, and Pakistan. We will read cases ranging from organizational issues, e.g. the power to convene parliament, to issues of human and social rights, e.g., the right to health care.

This course will give you the opportunity to develop a broad and coherent understanding of the key aspects of land law, and a critical awareness of the significance of contemporary research and debates about the subject. The following topics are covered in the course: (1) Thing or Process including Estates and Interests, Adverse Possession, Equitable Interests, Actual Occupation, Proprietary Estoppel; (2) Qualities of Ownership including Joint Tenancy and Tenancy in Common, Express and Resulting Trusts Acquiring and Quantifying Constructive Trusts; (3) Mortgages; (4) Freehold Covenants; (5) Easements; (6) Prescription; (7) Leases; and (8) Lease/License. This course proffers a coherent understanding of key aspects of land law and a critical awareness of the significance of contemporary research and debates about the subject. It fosters the ability to read, review, consolidate and assess critically cases, statutes and scholarly publications in the field. It exemplifies a practical understanding of how established techniques of research and enquiry are used to create and interpret knowledge in law and some originality in the application of that knowledge to legal problems and debate.

This course will give you the opportunity to develop a broad and coherent understanding of the key aspects of land law, and a critical awareness of the significance of contemporary research and debates about the subject. The following topics are covered in the course: (1) Thing or Process including Estates and Interests, Adverse Possession, Equitable Interests, Actual Occupation, Proprietary Estoppel; (2) Qualities of Ownership including Joint Tenancy and Tenancy in Common, Express and Resulting Trusts Acquiring and Quantifying Constructive Trusts; (3) Mortgages; (4) Freehold Covenants; (5) Easements; (6) Prescription; (7) Leases; and (8) Lease/License. This course proffers a coherent understanding of key aspects of land law and a critical awareness of the significance of contemporary research and debates about the subject. It fosters the ability to read, review, consolidate and assess critically cases, statutes and scholarly publications in the field. It exemplifies a practical understanding of how established techniques of research and enquiry are used to create and interpret knowledge in law and some originality in the application of that knowledge to legal problems and debate.

This course is an introduction to the principles, techniques and functions of equity. Disputes which arise in commercial and family contexts are increasingly resolved by recourse to equitable principles. There is therefore a corresponding need to understand the relevant and developing law, to analyze critically the functions and approaches of equity and to evaluate its impact. This course provide an elementary treatment of these matters. It concentrates on the social and legal contexts in which equity is important. Traditional analysis of equity, in terms of its historical development and its maxims, is also a feature of this course. The course involves an examination of equity's central concept, the trust. Its functions range from the preservation of family wealth to its use as a medium for collective investment trusts and superannuation and pension funds. We also consider the private purpose trust and the use of the trust in charitable provision. The course moves on to engage with issues around breach of trust, including the duties of trustees, the remedies obtainable and new frontiers in the law, such as restitution.

This course is an introduction to the principles, techniques and functions of equity. Disputes which arise in commercial and family contexts are increasingly resolved by recourse to equitable principles. There is therefore a corresponding need to understand the relevant and developing law, to analyze critically the functions and approaches of equity and to evaluate its impact. This course provide an elementary treatment of these matters. It concentrates on the social and legal contexts in which equity is important. Traditional analysis of equity, in terms of its historical development and its maxims, is also a feature of this course. The course involves an examination of equity's central concept, the trust. Its functions range from the preservation of family wealth to its use as a medium for collective investment trusts and superannuation and pension funds. We also consider the private purpose trust and the use of the trust in charitable provision. The course moves on to engage with issues around breach of trust, including the duties of trustees, the remedies obtainable and new frontiers in the law, such as restitution.

The purpose of this course is to equip you with a thorough understanding of the key features of the European Union (EU) and its legal order. Given the significant impact of EU law and policies on the Member States and beyond, understanding this area of law is vital for any legal practitioner. The study of EU law is also extremely rewarding from a more academic perspective, as it teaches us important lessons about the interaction between different legal orders, the limits of State sovereignty and the role of international institutions. In recent years, the EU has become a source of continual political conflict: both over the content of its measures and the legitimacy of its institutions. We will consider these questions throughout the course and in particular in the context of two major crises that the EU is currently facing: the refugee crisis and Brexit. The first part of the course will focus primarily on the institutional and procedural law of the EU, while the second part of the course will be concerned with the rules governing two key substantive policy areas, the internal market and the Area of Freedom, Security and Justice (AFSJ).

In this seminar forum under the guidance of a legal studies faculty member and in the academic community of the seminar participants, students identify a discrete legal text, case, or issue (or several thereof), and then engage in critical analysis from not only legal but also from philosophical, cultural, social, economic, religious, and ethical perspectives. While identifying the question(s), students undertake requisite research and begin drafting a senior thesis.

On the basis of the work developed in the Capstone Seminar, students write a senior thesis, a significant paper that is intended as the culmination of the legal studies curriculum. During the Capstone Project, the student takes fundamental responsibility in meeting the challenge to contribute to knowledge, reframe conventional approaches, and/or create something new. At the end of the Spring semester, each student will present her/his thesis before a panel of three faculty members.