Human Rights Clinic
Fall 2009
Class Unique #: 29065 Instructor: Dulitzky, A
Course #: 397C Credits: 3 - pass/fail
This course is restricted to upper class students only.
** This course meets the Professional Skills requirement for graduation.
Description:
In the Human Rights Clinic, an interdisciplinary group of law students and graduate students work on human rights projects and cases from the advocate's perspective. Through working on specific projects and participation in the classroom component of the clinic, students learn substantive human rights law, practice important advocacy techniques and explore different models for ethical, responsible and effective human rights advocacy.
Students participating in the clinic take on primary responsibility for their cases and projects, with guidance and mentoring from the clinic faculty. The cases and projects handled by the Human Rights Clinic are diverse and illustrate the breadth of human rights practice, including fact finding, reporting and press and other public advocacy. The Clinic seeks to develop both theoretical and practical skills, through student involvement in activities such as supporting litigation of human rights claims in domestic and international fora; investigating and documenting human rights violations; supporting advocacy initiatives before United Nations, regional, and national human rights bodies; and engaging with global and local human rights campaigns.
In the past, students helped to prepare an amicus brief submitted to the Peruvian Court trying former Peruvian President Alberto Fujimori for human rights abuses; analyzed and documented human rights violations taking place as a result of plans to construct a wall along the Texas/Mexico border; documented the situation of rural workers in Guatemala; supported the request of the Ecuadorean Truth Commission for the declassification of documents related to human rights abuses in that country; drafted a legal analysis supporting the reopening by a prosecutor of a criminal investigation into a 1980s forced disappearance in Honduras; prepared a study for a Colombian think tank regarding the functioning of public institutions dealing with discrimination in Latin America; prepared a claim for protection of traditional lands to be brought by an Afro- Brazilian quilombo community before the Inter-American Commission on Human Rights; worked with the United Nations Special Representative on Minorities Rights; wrote a report on the human rights situation of a community affected by a mining project; released several advocacy papers related to the drafting process of a new Inter-American Convention against Racism and other forms of Discrimination and Intolerance and supported the litigation of several land claims before the Inter-American Commission on Human Rights.
The Clinic employs an innovative approach. While all the projects and cases entail working in partnership with international institutions national agencies and/or non-governmental organizations (NGOs) some of those projects will be part of long-term relationships with partner organizations and community activists to advocate for the advancement of the specific rights. As part of this long term involvement, students will be offered the opportunity to work with their projects, through summer internships with our partner organizations.
All the cases and projects involve research, writing, and an opportunity to discuss the strategies used by our organizational and individual partners. The cases and projects provide the students an opportunity to gain practical skills in partnering with other students, institutions, and organizations, thus forming a team of advocates. Finally, all the projects and cases allow a multidisciplinary approach and permit working across disciplines and use the perspectives of different fields to enhance the overall theoretical framework.
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Immigration Clinic
Fall 2009
Class Unique #: 29070 Instructor: Hines/Gilman
Course #: 397C Credits: 3 - pass/fail
This course is restricted to upper class students only.
** This course meets the Professional Skills requirement for graduation.
Description:
Students must register for Law 397C and 397D, for a total of six credits.
Student attorneys in the Immigration Clinic provide crucial representation to vulnerable low-income immigrants. Through legal representation of clients and participation in the classroom component of the clinic, students learn substantive immigration law, practice important legal advocacy techniques and explore models for ethical, responsible and effective lawyering.
The cases handled by the Immigration Clinic are diverse and illustrate the breadth of immigration practice. The clinic has handled cases for clients from, among other countries, Colombia, El Salvador, Eritrea, Guinea, Uzbekistan and Zimbabwe. The Clinic's cases range from asylum claims based on political persecution or religious, ethnic or gender-based violence in the client's home country to claims of United States citizenship by individuals born abroad to U.S. citizen parents but whose status has not been recognized by immigration authorities. An important component of the clinic's caseload involves work at the T.Don Hutto Family Detention Center in nearby Taylor, Texas. Students represent children and their parents who seek asylum and release from the controversial facility that holds immigrant families.
Student attorneys in the clinic take on primary responsibility for their cases, with guidance and mentoring from the clinic faculty. Each semester, the clinic's student attorneys conduct a range of lawyering activities including: client interviewing, development of case strategy, brief writing, preparation of witnesses, and presentation of cases before the courts and the immigration agency. Some of the clinic's cases are handled administratively before the Department of Homeland Security and involve an interview process while other cases require full trials in the immigration courts, including document submission, witness examination and closing arguments. Yet other cases involve appellate brief writing and legal argument before the federal and immigration courts. The Immigration Clinic advocates on broader immigration issues and policy as well.
The Immigration Clinic meets for class two times per week for an hour and a half. Grading is on a pass/fail basis for this six-credit hour clinic. There is no final exam or paper. Students should expect to spend 10-20 hours per week on Clinic work, including class time and office hours. Students will occasionally travel to the Hutto facility and to San Antonio where the Immigration Court and the offices of the Department of Homeland Security are located.
Students are encouraged to apply for the clinic during early registration as enrollment is limited. Students must fill out an application, available from the Registrar and on the Clinic's website, and receive faculty permission to register. The application questionnaire should be returned to the clinic's administrator, Sonja Hartley, by e-mail at shartley@law.utexas.edu or in person at CCJ 1.310. Students may request to be placed on a waiting list, if space is unavailable during registration.
For more information about the Immigration Clinic, contact Barbara Hines at 232- 1310 or Denise Gilman at 232-7796, or by e-mail at bhines@law.utexas.edu or dgilman@law.utexas.edu. We also invite you to visit the Clinic offices.
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National Security Clinic
Fall 2009
Class Unique #: 29075 Instructor: Natarajan/Jinks
Course #: 397C Credits: 3 - pass/fail
This course is restricted to upper class students only.
** This course meets the Professional Skills requirement for graduation.
Description:
NOTE: To apply, all interested students should send a transcript, resume, and letter of interest to Eddie Maraboto, the Administrator for the National Security Clinic, at emaraboto@law.utexas.edu. The initial application deadline is the end of the early registration period. Applications submitted after early registration will be reviewed on a rolling basis and additional students may be admitted if spots are available.
Students must register for both 397C and 397D for a total of 6 hrs.
The National Security Clinic offers students the unique opportunity to work directly on issues relating to the government s investigation, prosecution, and detention policies in its counter-terrorism efforts both domestic and abroad. Students in the clinic will work on a wide variety of issues, including: the detention and treatment of persons alleged to be unlawful combatants; the designation and closing of charitable organizations on allegations of terrorism financing; military justice, courts-martial and the treatment of civilian contractors and soldiers during wartime; the intersections of national security and the freedoms of speech, association, and religion; the scope of executive powers during wartime; and national security justifications for warrantless searches and seizures and other invasions of privacy. In past semesters, students have engaged in direct representation, written amicus briefs, and participated in district court civil and habeas litigation. Students have also worked on legislative and regulatory projects and drafted materials for policymakers. Students will hone lawyering skills while exploring broader issues relating to the law of war, national security, and civil rights and civil liberties.
Students who have taken the Rule of Law in Wartime course are encouraged to apply but it is not required. First-semester second-year students are welcome to enroll.
Permission of the instructors is required to register.
Enrollment is limited.
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Human Rights Clinic
Fall 2009
Class Unique #: 29145 Instructor: Dulitzky, A
Course #: 397D Credits: 3 - pass/fail
This course is restricted to upper class students only.
** This course meets the Professional Skills requirement for graduation.
Description:
In the Human Rights Clinic, an interdisciplinary group of law students and graduate students work on human rights projects and cases from the advocate's perspective. Through working on specific projects and participation in the classroom component of the clinic, students learn substantive human rights law, practice important advocacy techniques and explore different models for ethical, responsible and effective human rights advocacy.
Students participating in the clinic take on primary responsibility for their cases and projects, with guidance and mentoring from the clinic faculty. The cases and projects handled by the Human Rights Clinic are diverse and illustrate the breadth of human rights practice, including fact finding, reporting and press and other public advocacy. The Clinic seeks to develop both theoretical and practical skills, through student involvement in activities such as supporting litigation of human rights claims in domestic and international fora; investigating and documenting human rights violations; supporting advocacy initiatives before United Nations, regional, and national human rights bodies; and engaging with global and local human rights campaigns.
In the past, students helped to prepare an amicus brief submitted to the Peruvian Court trying former Peruvian President Alberto Fujimori for human rights abuses; analyzed and documented human rights violations taking place as a result of plans to construct a wall along the Texas/Mexico border; documented the situation of rural workers in Guatemala; supported the request of the Ecuadorean Truth Commission for the declassification of documents related to human rights abuses in that country; drafted a legal analysis supporting the reopening by a prosecutor of a criminal investigation into a 1980s forced disappearance in Honduras; prepared a study for a Colombian think tank regarding the functioning of public institutions dealing with discrimination in Latin America; prepared a claim for protection of traditional lands to be brought by an Afro- Brazilian quilombo community before the Inter-American Commission on Human Rights; worked with the United Nations Special Representative on Minorities Rights; wrote a report on the human rights situation of a community affected by a mining project; released several advocacy papers related to the drafting process of a new Inter-American Convention against Racism and other forms of Discrimination and Intolerance and supported the litigation of several land claims before the Inter-American Commission on Human Rights.
The Clinic employs an innovative approach. While all the projects and cases entail working in partnership with international institutions national agencies and/or non-governmental organizations (NGOs) some of those projects will be part of long-term relationships with partner organizations and community activists to advocate for the advancement of the specific rights. As part of this long term involvement, students will be offered the opportunity to work with their projects, through summer internships with our partner organizations.
All the cases and projects involve research, writing, and an opportunity to discuss the strategies used by our organizational and individual partners. The cases and projects provide the students an opportunity to gain practical skills in partnering with other students, institutions, and organizations, thus forming a team of advocates. Finally, all the projects and cases allow a multidisciplinary approach and permit working across disciplines and use the perspectives of different fields to enhance the overall theoretical framework.
----
Immigration Clinic
Fall 2009
Class Unique #: 29150 Instructor: Hines/Gilman
Course #: 397D Credits: 3 - pass/fail
This course is restricted to upper class students only.
** This course meets the Professional Skills requirement for graduation.
Description:
Students must register for Law 397C and 397D, for a total of six credits.
Student attorneys in the Immigration Clinic provide crucial representation to vulnerable low-income immigrants. Through legal representation of clients and participation in the classroom component of the clinic, students learn substantive immigration law, practice important legal advocacy techniques and explore models for ethical, responsible and effective lawyering.
The cases handled by the Immigration Clinic are diverse and illustrate the breadth of immigration practice. The clinic has handled cases for clients from, among other countries, Colombia, El Salvador, Eritrea, Guinea, Uzbekistan and Zimbabwe. The Clinic's cases range from asylum claims based on political persecution or religious, ethnic or gender-based violence in the client's home country to claims of United States citizenship by individuals born abroad to U.S. citizen parents but whose status has not been recognized by immigration authorities. An important component of the clinic's caseload involves work at the T.Don Hutto Family Detention Center in nearby Taylor, Texas. Students represent children and their parents who seek asylum and release from the controversial facility that holds immigrant families.
Student attorneys in the clinic take on primary responsibility for their cases, with guidance and mentoring from the clinic faculty. Each semester, the clinic's student attorneys conduct a range of lawyering activities including: client interviewing, development of case strategy, brief writing, preparation of witnesses, and presentation of cases before the courts and the immigration agency. Some of the clinic's cases are handled administratively before the Department of Homeland Security and involve an interview process while other cases require full trials in the immigration courts, including document submission, witness examination and closing arguments. Yet other cases involve appellate brief writing and legal argument before the federal and immigration courts. The Immigration Clinic advocates on broader immigration issues and policy as well.
The Immigration Clinic meets for class two times per week for an hour and a half. Grading is on a pass/fail basis for this six-credit hour clinic. There is no final exam or paper. Students should expect to spend 10-20 hours per week on Clinic work, including class time and office hours. Students will occasionally travel to the Hutto facility and to San Antonio where the Immigration Court and the offices of the Department of Homeland Security are located.
Students are encouraged to apply for the clinic during early registration as enrollment is limited. Students must fill out an application, available from the Registrar and on the Clinic's website, and receive faculty permission to register. The application questionnaire should be returned to the clinic's administrator, Sonja Hartley, by e-mail at shartley@law.utexas.edu or in person at CCJ 1.310. Students may request to be placed on a waiting list, if space is unavailable during registration.
For more information about the Immigration Clinic, contact Barbara Hines at 232- 1310 or Denise Gilman at 232-7796, or by e-mail at bhines@law.utexas.edu or dgilman@law.utexas.edu. We also invite you to visit the Clinic offices.
---
National Security Clinic
Fall 2009
Class Unique #: 29155 Instructor: Natarajan/Jinks
Course #: 397D Credits: 3 - pass/fail
This course is restricted to upper class students only.
** This course meets the Professional Skills requirement for graduation.
Description:
NOTE: To apply, all interested students should send a transcript, resume, and letter of interest to Eddie Maraboto, the Administrator for the National Security Clinic, at emaraboto@law.utexas.edu. The initial application deadline is the end of the early registration period. Applications submitted after early registration will be reviewed on a rolling basis and additional students may be admitted if spots are available.
Students must register for both 397C and 397D for a total of 6 hrs.
The National Security Clinic offers students the unique opportunity to work directly on issues relating to the government s investigation, prosecution, and detention policies in its counter-terrorism efforts both domestic and abroad. Students in the clinic will work on a wide variety of issues, including: the detention and treatment of persons alleged to be unlawful combatants; the designation and closing of charitable organizations on allegations of terrorism financing; military justice, courts-martial and the treatment of civilian contractors and soldiers during wartime; the intersections of national security and the freedoms of speech, association, and religion; the scope of executive powers during wartime; and national security justifications for warrantless searches and seizures and other invasions of privacy. In past semesters, students have engaged in direct representation, written amicus briefs, and participated in district court civil and habeas litigation. Students have also worked on legislative and regulatory projects and drafted materials for policymakers. Students will hone lawyering skills while exploring broader issues relating to the law of war, national security, and civil rights and civil liberties.
Students who have taken the Rule of Law in Wartime course are encouraged to apply but it is not required. First-semester second-year students are welcome to enroll.
Permission of the instructors is required to register.
Enrollment is limited.
---
Transnational Worker Rights Clinic
Fall 2009
Class Unique #: 29165 Instructor: Beardall, W
Course #: 397D Credits: 3 - pass/fail
This course is restricted to upper class students only.
** This course meets the Professional Skills requirement for graduation.
Description:
Students must register for both 397C and 397D for a total of 6 hrs).
Students in this clinic will represent low-income transnational migrant workers in the Austin area in cases recovering unpaid wages for work performed, and will engage in related advocacy projects asserting the rights of low-wage workers here and abroad. The Clinic gives students hands-on experience with civil litigation, basic employment law, public interest practice, and the emerging field of transnational migrant worker rights. The Clinic seeks to draw the links between advocacy for the employment rights of transnational workers laboring in Central Texas and advocacy for the labor and human rights of low-wage working people around the globe.
Clinic students will serve as legal counsel representing and advising migrant worker clients in wage rights litigation, administrative actions, community- based enforcement strategies, and wage claims filed for criminal prosecution on wage fraud charges. Depending on the requirements of each case, students will: interview and advise clients; investigate cases and develop case strategy; negotiate with opposing parties; initiate and manage active litigation; prepare legal documents including pleadings, motions and discovery; research legal issues; and represent clients in hearings or court proceedings. The clinic's legal advocacy is based on a community-lawyering model which seeks to accomplish more than just winning individual cases; the clinic also aims to promote systemic reforms that make the justice system more fair for transnational workers and to empower clients with the knowledge, skills, and collective capacity through which they can advance their own employment rights. In addition the clinic seeks to ground each student's particular casework within the larger context of contemporary transnational and international labor rights advocacy.
Bill Beardall, the clinical instructor, is a graduate of Harvard Law School, the Executive Director of the Equal Justice Center, the former Director of the Migrant Worker Division of Texas RioGrande Legal Aid and an expert on low-wage employment rights. He has 29 years of experience representing migrant workers and training young employment litigation lawyers.
The casework component is conducted in collaboration with the Equal Justice Center, a non-profit public-interest law center, based in Austin, which advocates for the rights of low-income workers. The clinic requires students to devote substantial time each week to handling cases, including scheduled office hours at the Equal Justice Center office in South Austin and frequent conferences with clients as needed. During the first week of the course, students will receive an intensive classroom orientation before starting their casework assignments.
The classroom component of the clinic will meet once a week for two hours. The classroom work will place the employment rights of transnational workers in a broader, interdisciplinary framework of evolving national and international labor and human rights advocacy. Instruction will address the challenges of adapting U.S. and international law and legal practice to our increasingly transnational work force. Subtopics include: U.S. and international immigration and labor policy; wage laws and contract law as they affect transnational workers; the tension between immigration laws and labor rights; rights of transnational "guest workers"; civil litigation and representation skills specific to transnational worker cases; freedom of association and the right to organize; ethical issues in employment rights representation; community-based legal strategies and civic participation rights; international labor and human rights standards; and evolving domestic and international mechanisms for the enforcement of worker rights. The clinic is open to students who have completed the first year of law school. While there are no prerequisites, students will benefit from previous course work or experience relating to employment law, immigration law, international law, human rights law, low-wage working people, migrant workers or immigrant communities, or experience in or regarding Latin American communities. Most clinic clients are Spanish-speakers from a variety of Latin American countries. Spanish proficiency accordingly is preferred, but is not required.
Questions about the clinic may be directed to Bill Beardall at bill@equaljusticecenter.org. Please put "Worker Rights Clinic" in the subject line of any communication.
TO APPLY, GET AN APPLICATION FORM FROM STUDENT AFFAIRS OR CLINIC ADMINSTRATOR, BARBARA PEREZ, bperez@law.utexas.edu; CCJ 4.302c
This clinic has been established through a generous grant from the Bernard and Audre Rapoport Foundation.
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Transnational Worker Rights Clinic
Fall 2009
Class Unique #: 29085 Instructor: Beardall, W
Course #: 397C Credits: 3 - pass/fail
This course is restricted to upper class students only.
** This course meets the Professional Skills requirement for graduation.
Description:
Students must register for both 397C and 397D for a total of 6 hrs).
Students in this clinic will represent low-income transnational migrant workers in the Austin area in cases recovering unpaid wages for work performed, and will engage in related advocacy projects asserting the rights of low-wage workers here and abroad. The Clinic gives students hands-on experience with civil litigation, basic employment law, public interest practice, and the emerging field of transnational migrant worker rights. The Clinic seeks to draw the links between advocacy for the employment rights of transnational workers laboring in Central Texas and advocacy for the labor and human rights of low-wage working people around the globe.
Clinic students will serve as legal counsel representing and advising migrant worker clients in wage rights litigation, administrative actions, community- based enforcement strategies, and wage claims filed for criminal prosecution on wage fraud charges. Depending on the requirements of each case, students will: interview and advise clients; investigate cases and develop case strategy; negotiate with opposing parties; initiate and manage active litigation; prepare legal documents including pleadings, motions and discovery; research legal issues; and represent clients in hearings or court proceedings. The clinic's legal advocacy is based on a community-lawyering model which seeks to accomplish more than just winning individual cases; the clinic also aims to promote systemic reforms that make the justice system more fair for transnational workers and to empower clients with the knowledge, skills, and collective capacity through which they can advance their own employment rights. In addition the clinic seeks to ground each student's particular casework within the larger context of contemporary transnational and international labor rights advocacy.
Bill Beardall, the clinical instructor, is a graduate of Harvard Law School, the Executive Director of the Equal Justice Center, the former Director of the Migrant Worker Division of Texas RioGrande Legal Aid and an expert on low-wage employment rights. He has 29 years of experience representing migrant workers and training young employment litigation lawyers.
The casework component is conducted in collaboration with the Equal Justice Center, a non-profit public-interest law center, based in Austin, which advocates for the rights of low-income workers. The clinic requires students to devote substantial time each week to handling cases, including scheduled office hours at the Equal Justice Center office in South Austin and frequent conferences with clients as needed. During the first week of the course, students will receive an intensive classroom orientation before starting their casework assignments.
The classroom component of the clinic will meet once a week for two hours. The classroom work will place the employment rights of transnational workers in a broader, interdisciplinary framework of evolving national and international labor and human rights advocacy. Instruction will address the challenges of adapting U.S. and international law and legal practice to our increasingly transnational work force. Subtopics include: U.S. and international immigration and labor policy; wage laws and contract law as they affect transnational workers; the tension between immigration laws and labor rights; rights of transnational "guest workers"; civil litigation and representation skills specific to transnational worker cases; freedom of association and the right to organize; ethical issues in employment rights representation; community-based legal strategies and civic participation rights; international labor and human rights standards; and evolving domestic and international mechanisms for the enforcement of worker rights. The clinic is open to students who have completed the first year of law school. While there are no prerequisites, students will benefit from previous course work or experience relating to employment law, immigration law, international law, human rights law, low-wage working people, migrant workers or immigrant communities, or experience in or regarding Latin American communities. Most clinic clients are Spanish-speakers from a variety of Latin American countries. Spanish proficiency accordingly is preferred, but is not required.
Questions about the clinic may be directed to Bill Beardall at bill@equaljusticecenter.org. Please put "Worker Rights Clinic" in the subject line of any communication.
TO APPLY, GET AN APPLICATION FORM FROM STUDENT AFFAIRS OR CLINIC ADMINSTRATOR, BARBARA PEREZ, bperez@law.utexas.edu; CCJ 4.302c
This clinic has been established through a generous grant from the Bernard and Audre Rapoport Foundation.
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Comparative Law
Fall 2009
Class Unique #: 28990 Instructor: Markovits, I
Course #: 382N Credits: 3
This course is restricted to upper class students only.
Description:
A comparative look at Western legal traditions with emphasis on two civil law countries (France and Germany) and on the English common law. We will investigate the differences between the structures of those legal systems, the education and selection of legal staff, styles of procedure, modes of thinking, and selected issues of substantive law. The main purpose of the course is to give students an understanding for different legal cultures and thus a backdrop for a fresh look at their own legal system. There will be a three-hour final exam.
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Conflict Of Laws
Fall 2009
Class Unique #: 28980 Instructor: Woolley, P
Course #: 482 Credits: 4
This course is restricted to upper class students only.
Description:
Conflict of Laws addresses issues that may arise when a dispute has connections with more than one state or country. The subject is generally divided into three interrelated parts: (1) territorial jurisdiction, (2) choice of law, and (3) recognition of judgments. All three topics will be covered in the class. Conflicts law outside the United States is beyond the scope of the course.
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East European Law In Transition
Fall 2009
Class Unique #: 28925 Instructor: Markovits, I
Course #: 479M Credits: 4
This course is restricted to upper class students only.
Description:
This is a course on the collapse of socialist law in Eastern Europe and on the progress and problems of law reform following in its wake. We will begin with a short survey of the state of socialist legality prior to 1989, trace the first stirrings of law reform in Eastern Europe in the 1980s, and then examine the uneven attempts to establish the rule of law in post-socialist countries currently in the midst of rapid economic, political and social change. The course covers a wide range of topics such as constitutional law, privatization, judicial organization, criminal law reform, corruption, and the use of law to come to terms with a totalitarian past.
This is a four-hour class, taught in three class sessions per week. There will be a two-hour open-book mid-term and a two-hour open-book final.
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Economic-Efficiency Analysis
Fall 2009
Class Unique #: 28880 Instructor: Markovits, R
Course #: 379M Credits: 3
This course is restricted to upper class students only.
Description:
This course will examine the correct (useful) way to define the concept "the impact of a choice on economic efficiency," the economically-efficient approach to take to predicting or postdicting the economic efficiency of any private or governmental choice, the relevance of the economic efficiency of a choice to its justness or moral desirability (rights-considerations aside), and the relevance of the economic efficiency of an interpretation or application of the law to its correctness as a matter of law. The course will also criticize canonical writings that articulate or manifest conclusions on these matters that differ from the Lecturer's. Although several weeks of the course will be devoted to the definitional and relevance issues, the majority of the course will address the economically efficient way to predict or postdict the economic efficiency of a choice in an economy that inevitably contains large numbers of Pareto imperfections of all types and uses resources in a large number of ways. More specifically, the course will consider in detail the negative implications of The General Theory of Second Best for the way in which economists approach economic-efficiency analysis and develop and apply a so-called distortion- analysis approach to economic-efficiency analysis that the Lecturer believes responds defensibly to the interconnections whose importance Second-Best Theory highlights. No background in economics, moral philosophy, or jurisprudence will be presupposed, though students without such backgrounds will have to work harder in the sections of the course to which these fields are relevant. There will be a mid-term as well as a final examination.
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Emergence Of Modern European Law
Fall 2009
Class Unique #: 28610 Instructor: Markesinis, B
Course #: 243E Credits: 2
This course is restricted to upper class students only.
Description:
The aim of the course will be to sketch the different developments of modern European law both on the Continent of Europe and in England and the U.S.A. The content of the course will be historical and cultural as it will proceed to demonstrate the impact which Roman law, political and other geographical factors have had on the emergence of modern European culture and legal science. It will trace the development of the law in modern Europe from the Middle Ages to modern times and the European Union while also drawing contrasts with the law in the USA.
The course will be especially interesting to students who wish to take a break from "black letter" law courses.
A collection of photocopied materials has been assembled for the purpose of sparing students the task of looking up articles and other materials from many sources.
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Global Challenges To National Innovation Systems
Fall 2009
Class Unique #: 28895 Instructor: Flamm, K
Course #: 379M Credits: 3
This course is restricted to upper class students only.
Description:
Note: This class will be coordinated with a speaker series.
Increasingly, the technical challenges that drive major science and technology policy issues, and sustain growth in high technology industries, are global in nature. They require coordination of technology investments across corporate and national boundaries, and the creation of new international coalitions or global institutions. This class will explore the theory and practice of policies responding to these global technological challenges, in a diverse set of scientific and technical areas.
The seminar will be supported in part by the Technology, Innovation, and Global Security (TIGS) program of the Robert S. Strauss Center for International Security and Law. A series of expert speaker seminars will be sponsored by the TIGS program in coordination with the class, and serve as one of the required student activities for the class.
Students enrolled in the seminar will be required to prepare analytical briefs on selected technology policy challenges, carefully analyze and absorb the invited expert presentations in these areas, then thoughtfully critique the presentations in a follow-up session. In addition, all students will be required to undertake a team technology policy analysis project, with their analysis and conclusions briefed to the seminar at the end of the semester.
Illustrative examples of possible technology policy topic areas are:
* The International Semiconductor Technology Roadmap's Role in Sustaining IT Innovation
* New Models for Industrial R&D Consortia
* Hackers, Phishers, and Cyberwarfare: Preparing for the Next Net War
* Recent Developments in National Patent Systems: Implications for Corporate and National Interests
* How to Create and Sustain a High Tech Cluster: Lessons from the History of Austin
* Brazil's Success in Aerospace: Lessons for Developing Countries?
* Public and Private Technology Transfer Policies and China's Strategy in Semiconductors
* International Patent Policy and the Future of the Indian Pharmaceutical Sector
* Changing Patterns of R&D and Manufacturing in the Global PC Business
* Solar Power and US Energy Policy
* Reinventing the Rules in Global High Tech: Recent Developments in Global Antitrust and Competition Policies
* The Digital Horsepower Initiative: The Potential Role of Microelectronics in Energy-Efficient Infrastructure
* The Future of Nuclear Power in the United States
* Does the U.S. Face a Broadband Gap?
* Missile Defense and National Security Policy: Lessons from a 40-Year History
* New Policy Approaches to Respond to Global Climate Change
* National Security Technology Programs with International Partners: Lessons from U.S. Joint Defense System Development Programs
# The Future of Nuclear Power in the United States
# Does the U.S. Face a Broadband Gap?
# Missile Defense and National Security Policy: Lessons from a 40-Year History
# New Policy Approaches to Respond to Global Climate Change
# National Security Technology Programs with International Partners: Lessons from U.S. Joint Defense System Development Programs
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Class Information
International Commercial Arbitration
Fall 2009
More class information (EID secure page)
Class Unique #: 28847 Instructor: Tyler, T
Course #: 279M Credits: 2
This course is restricted to upper class students only.
Description:
The course addresses the major topics in international commercial arbitration -- from the contractual nature of arbitration, choice of law, jurisdiction, arbitrator selection, procedure, advocacy, and challenges to and enforcement of arbitral awards under the New York Convention. Student performance is evaluated on class participation, amounting to up to 20% of the grade and a floating final exam accounting for the remainder.
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Class Information
Immigration & Citizenship
Fall 2009
More class information (EID secure page)
Class Unique #: 28985 Instructor: Churgin, M
Course #: 382C Credits: 3
This course is restricted to upper class students only.
Description:
This is a course in the substantive law regulating immigration to the United States and the regulation of aliens in the United States. Topics covered include the constitutional law aspects of the immigration and deportation process, entry, conduct of hearings, relief from deportation, and general regulation of non-citizens. In addition, the operation of the immigration act of 1996 and other new laws will be discussed.
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International Human Rights Law
Fall 2009
Class Unique #: 28620 Instructor: Dulitzky, A
Course #: 348E Credits: 3
This course is restricted to upper class students only.
Description:
This course will provide an overview of the evolution of international human rights law, including the contours of various rights, their differences from and similarities to domestic civil rights, and ongoing debates over the relationship between rights and culture. In addition, we will examine in the various processes for the protection of human rights, including United Nations oversight bodies and regional human rights courts in Europe and Latin America. The invocation of human rights concerns into interstate relations concerning peacekeeping, humanitarian intervention, international criminal law, and trade and investment will also be considered.
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Literature And Human Rights
Fall 2009
Class Unique #: 28907 Instructor: Harlow, B
Course #: 379M Credits: 3
This course is restricted to upper class students only.
Description:
Human rights reporting, itself a genre in the contemporary world of writing and rights, entails both documentation and intervention. A recording of facts and events, of abuses of individual lives and national histories, as well as an effort to correct an official record that has systematically obscured those abuses, the writing of human rights draws of necessity on conventions of narrative and auto/biography, of dramatic representation, and discursive practices. Indeed, the thirty articles of the Universal Declaration of Human Rights (UDHR) that was proclaimed by the General Assembly of the United Nations in December 1948 translated the standard literary paradigm of individual versus society and the narrative practices of emplotment and closure, by mapping an identification of the individual within a specifically international construction of rights and responsibilities. The Declaration, that is, can be read as recharting, for example, the trajectory and peripeties of the classic bildungsroman. While that Declaration has, since its adoption, been as much abused as used by governments throughout the world, peoples and their representatives continue to appeal to its principles. It is those written appeals, the reports of human rights monitors, the documentation of international organizations such as Amnesty International, Human Rights Watch, and other NGOs, and the narratives of individuals recounting their efforts to reconstruct a human history, that will form the basis of our discussion of the emergence of a discourse of rights in the 19th century and the altered relationships between writing and human rights at the end of the 20th, and the place of a new body of literature, the active intersection of the cultural and the political, in the changing contemporary international order.
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National Security Law
Fall 2009
Class Unique #: 28713 Instructor: Chesney, R
Course #: 471N Credits: 4
This course is restricted to upper class students only.
Description:
This survey course examines a host of legal and policy issues associated with the U.S. government's national security activities and organizations, with a particular emphasis on legal issues associated with counterterrorism. In significant part, the course will follow a quasi-chronological approach incorporating the following topics: the legal regulation of investigations (including criminal investigative rules and guidelines, national security investigations, and intelligence collection generally); substantive criminal law relating to terrorism; jus ad bellum rules governing the resort to military force and domestic Constitutional rules governing that issue; jus in bello rules governing the use of lethal military force; international and domestic laws relating to military detention; military commissions and other vehicles for the prosecution of war crimes; the current debate regarding national security courts; and the legal regulation of interrogation.
STUDENTS WHO HAVE TAKEN PROF. SIEVERT'S U.S. LAW & NATL SECURITY COURSE ARE NOT ELIGIBLE TO TAKE THIS COURSE; BOTH HAVE OVERLAPPING CONTENT AND MAY NOT BOTH BE COUNTED FOR CREDIT.
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Comparative Administrative Law
Fall 2009
Class Unique #: 29236 Instructor: Cane, P
Course #: 397S Credits: 3
This course is restricted to upper class students only.
Description:
This course will cover selected topics in administrative law by comparing the position in the US with that in the UK and Australia. A basic understanding of the principles of US constitutional and administrative law is assumed. Areas covered will include the constitutional and institutional framework of administrative law, rule-making, judicial review (standing, grounds of review, remedies and so on) and non-judicial review (by ALJs, for instance). The emphasis will be on theories and concepts rather than on the detail of the law of the various jurisdictions. Assessment will be based on short written presentations to the class and a 5,000-6,000 written assignment.
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Secured Credit Workshop
Fall 2009
Class Unique #: 28945 Instructor: Westbrook, J
Course #: 180R Credits: 1
This course is restricted to upper class students only.
Description:
This course covers credit transactions in which the loan is secured by an interest in personal property. These transactions are largely governed by Article 9 of the Uniform Commercial Code. The course does not cover loans secured by mortgages on real estate.
A secured loan is one in which the debtor and lender agree that if the debtor does not pay, the lender can take specific items of property from the debtor. This property is called collateral, and the lender is said to have a security interest in the collateral. The collateral may be tangible property such as inventory, equipment, and consumer goods, or intangible property such as stocks and bonds or the debtor's right to collect from people who owe money to him. Secured credit is a very important part of both consumer and commercial lending. This course will study both contexts, examining how secured transactions are structured and why they are structured that way.
The course examines the mechanics of making secured loans, the rules that govern repossessing the collateral if the debtor doesn't pay, and what can happen to security interests if the debtor goes bankrupt. It also examines the priority rules that rank competing claims to the same collateral. There may be many such claims. More than one secured lender may have a security interest in the collateral; unsecured creditors may seize the collateral to collect a judgment; customers or other third parties may buy the collateral; the collateral may be affixed to real estate and become subject to the claims of people with interests in the real estate.
This is also a course in statutory construction. We will devote very careful attention to using and interpreting the Uniform Commercial Code, the Bankruptcy Code, and in some sections, the Federal Tax Lien Act. We will progress from relatively simple statutory provisions to quite difficult ones, learning the skills that can be applied to all sorts of statutes.
Westbrook sometimes offers a one-hour adjunct to the Secured Credit course. This Secured Credit workshop adjunct course is open only to those taking his regular three-hour Secured Credit course. Requirements include a small number of additional classes and a 15-20 page paper on a Secured Credit topic. A student who takes this adjunct course gets one four-hour grade based on a combination of the student's examination in the regular course and performance in the one-hour course (especially on the paper). Enrollment is limited.
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Emerging Trends In Oil & Gas Litigation
Fall 2009
Class Unique #: 29265 Instructor: Schwartz, M
Course #: 397S Credits: 3
This course is restricted to upper class students only.
Description:
A three-hour seminar course in which you will write a term paper on a "cutting edge" issue in the oil & gas litigation area. We will study and discuss a broad range of topics within this area from analysis of express and implied lease obligations, marketing issues, damage analysis, pollution liability, to emerging trends available for solving problems encountered in older oil and gas fields. We may have guest lectures by specialists in this field. We will discuss various trial techniques.
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