In addition to four mandatory courses, students are also required to complete at least two of the elective courses. The mandatory courses will be marked with an asterisk.
Introduction to American Law* by Professor Kendall Thomas
This course introduces basic aspects of U.S. law and the U.S. legal system. The central theme of the course is the difference between common law and civil law method. Close reading and discussion of judicial opinions, statutes, administrative regulations, scholarly writing and other materials in constitutional law, private law (tort, contract, property), criminal law, civil and criminal procedure and process and corporate law will offer course participants a selective field survey of the law school curriculum. Special emphasis will be placed on canonical cases and core concepts from the foundational first-year of U.S. law study. So far as is practical, we will situate and analyze the assigned materials within a comparative perspective, with a focus on issues that require particular attention by students who received their basic legal training in other systems.
Civil Procedure (and Mock Trial)* by Professor Bert Huang
What happens in a lawsuit, and how can you make one go away? Who can sue whom, for what, and where? What are the origins of these rules? These are questions at the heart of Civil Procedure, which is the study of the principal elements of the American civil litigation process. In our course, you will be invited to consider not only these central issues, but also the broader setting: What is the proper role of courts, and of lawyers, in resolving private disputes? How do the practices and rules for delivering justice evolve, as society does? Our course will culminate in an in-depth examination of the law of class actions.
Tax Policy by Professor Alex Raskolnikov
This course will introduce students to fundamental issues of U.S. federal income taxation, including the choice of tax base, the extent of redistribution, the choice of taxpaying unit, tax incidence, imputed income, and tax arbitrage. It will also give students a taste of the Internal Revenue Code, U.S. Supreme Court jurisprudence, and the academic critique of judicial decisions and statutory choices reflected in the U.S. tax law. All of the key concepts and choices to be discussed are not U.S.-specific.
Labor Rights and International Trade in U.S. Law: Sources of the New Protectionism by Professor Mark Barenberg
Arguments about "unfair competition" between US and overseas workers have become central to political and legal debate in the United States. This course examines the intersection of labor law and international trade, from the standpoint of various U.S. legal instruments that seek to enforce labor rights in the global trading system. In addition to sovereign law that links core labor standards with US trade, the course examines "private regulatory systems" that act as transnational modes of regulation in the era of globalization -- including consumer-driven and investor-driven auditing of global supply chains. The latter topic provides an opportunity to explore the more general question of various "new regulatory models" that combine centralized and decentralized coordination in post-bureaucratic systems.
Constitutional Law* by Professor Olatunde Johnson
This course explores the basic structure of the United States Constitution; judicial review; separation of powers;federalism; Congressional power; freedom of speech, press and religion; equal protection; and, privacy.
Contracts* by Professor Ed Morrison
This course introduces the common law approach to contract law. We explore judicial theories of promise-making, contract formation and interpretation, remedies for breach, and excuses. We will identify the contours of "ideal" contract law and assess the extent to which American law departs from the ideal.
Corporate Law by Professor Eric Talley
This course considers selected topics in United States corporation law. The topics center around the role of law in structuring the relationships among shareholders, management, and other stakeholders in modern business corporations. In addition to introducing students to the relevant bodies of law, the course may address the business and policy considerations at stake in various contexts.
International Arbitration by Professor Robert Smit
The course will examine, from both a theoretical and practical perspective, several of the foundational characteristics and procedures of international commercial arbitration. The course will provide U.S. and comparatist perspectives on select topics ranging from the defining characteristics of international arbitration as a form of dispute resolution, the "separability" and "autonomy" of the arbitration agreement, the hybrid civil law-common law model of "discovery" in arbitration, and the role of the international arbitrator in determining and applying applicable law in international arbitration. The course is designed both as an introduction to international arbitration for students with no prior background in the field, as well as a platform for deeper and comparatist thought on difficult recurring issues in international arbitration for students with background in the field. Reading materials for the course will be provided.
Participants will be provided with readers. Study materials will be distributed upon registration.
Before attending the Program, participants are advised to read:
G. Fletcher and S. Sheppard, American Law in a Global Context: The Basics (Oxford University Press).