Welcome Spring Bok Visiting International Professors
Wang Xixin (February 4 - 28)
Professor Wang Xixin is a Professor of Constitutional and Administrative Law at Peking University Law School, and the Deputy Director of the Constitutional and Administrative Law Research Center. Professor Wang is the founder and the Director of the Center for Public Participation Studies and Supports (CPPSS) of Peking University. He has been a very active participant in China's administrative law reforms for many years and was a major drafter of China's Administrative Procedure Act. Professor Wang's research fields cover administrative procedure, political reform, public participation, rulemaking, and comparative administrative law studies. He has published more than 30 papers in major law journals in both China and the United States. Wang's Bok mini-course (LAW-547) meets Tuesdays and Thursdays at 1:30; course description available below.
Joseph McCahery (March 11 - 22)
Joseph A. McCahery is Professor of International Economic Law and Professor of Financial Market Regulation at Tilburg University Faculty of Law. He is Program Director of the Finance and Law programs at Duisenberg School of Finance. McCahery is also co-director of the Amsterdam Center for Corporate Finance. He has served as a legal expert for the Centre for European Policy Studies, Monitoring Committee Corporate Governance, The Netherlands Ministry of Finance, OECD, and other governmental organizations. McCahery has made important contributions to the literature on banking and securities law, corporate law, corporate governance, the political economy of federalism, and taxation.
Fu Hualing (March 25 - April 12)
Fu Hualing is a Professor of the University of Hong Kong's Faculty of Law, where he served as the head of Hong Kong's Department of Law from 2008 to 2011. Professor Fu's research interests include constitutional law and human rights, with a special focus on the criminal justice system and media law in China. His recent publications have included National Security and Fundamental Freedoms: Hong Kong's Article 23 Under Scrutiny (co-edited with Carole Petersen and Simon Young) and The Struggle for Coherence: Constitutional Interpretation in Hong Kong (co-edited with Lison Harris and Simon Young). This spring, he will be co-teaching 'Chinese Law' with Professor deLisle; LAW-643 meets Tuesdays and Thursdays at 3:00; course description available below.
Spotlight on Spring 2013 Courses
Bok Course: Administrative Law as a Vehicle for Political Reform in China (Wang)
Over the past few decades of legal reforms beginning in the late 1970s, administrative law has been one of the most dynamic areas in the context of law and regulatory reforms in People's Republic of China. This administrative law system is still emerging, but its impacts upon regulatory process, individual rights protection, and potential political reforms have already been manifest. This course will examine key topics reflected in administrative law reforms and discuss their economic, social, and political impacts. This short course meets for three weeks in February.
Chinese Law (deLisle/Fu)
This course focuses on key areas of Chinese law that are analogous to major areas of American law, including criminal law (and other means of social control), contracts (and other means for promoting and structuring economic relationships), property rights (and their relationship to economic change and their political consequences), torts (and torts' relationship to public safety and health-related regulation), constitutional and administrative law (and other issues of law and public accountability), and the role of courts (including in handling civil disputes). Throughout, political, economic and social contexts are emphasized. ** Significant portions of the course will be co-taught with Bok VIP Fu Hualing (University of Hong Kong).
Foreign Relations Law (Williams)
This course will examine the law governing the conduct of U.S. foreign relations. Structurally, the class will study the respective roles of the President, Congress, and the courts in conducting and regulating foreign affairs and intersections between the federal law of foreign affairs and domestic state law. Substantively, covered topics will include war powers, treaties, executive agreements, and customary international law in relation to U.S. law.
Global Antitrust (Yoo)
Modern antitrust law is becoming increasingly global. Cartels in one nation affect supply in others. Mergers between large corporations must typically get approval in both the United States and in Europe. Countries are increasingly entering into agreements about the enforcement of competition laws. Thus, businesspeople, lawyers, and lawmakers can no longer content themselves with understanding only the antitrust and competition law of their home country. This course will examine EC competition law cases and decisions within an analytical framework strongly based on economic theory. Topics include: horizontal restraints, monopolization, vertical restraints, proof of anticompetitive agreement, mergers, and international enforcement. Antitrust is a prerequisite.
Intellectual Property & National Economic Value Creation (Imasogie)
This course will explore the legal structure of intellectual property laws in the U.S. and select foreign countries and the effect of these laws on the countries' national economic development. In this process, the class will explore the nature of the correlation between different types of intellectual property laws and national economic development. The group will also discuss the quantification of the economic value of different types of intellectual property laws. Lastly, the class will engage in a discussion as to whether intellectual property laws can be effective tools for social engineering.
International Commercial Arbitration (Hosking/ Leathley/Suarez Anzorena)
This seminar is intended to introduce students to both the theoretical questions surrounding international arbitration and the hands-on issues of the practice of international arbitration. The professors are both practitioners who will draw on their US and international experience. The seminar begins with an introduction to the field, then proceeds to address a range of specific topics in international arbitration, such as arbitral jurisdiction, the Federal Arbitration Act, the arbitral process and hearing itself, the actors in international arbitrations, interactions between arbitral tribunals and national courts, and investor-state arbitration.
International Environmental Law (Chang)
This course will focus on the development of international law, institutions, and regimes that respond to international environmental problems. Topics will include transboundary air pollution, ozone depletion, climate change, whaling, and fisheries conservation. The course will begin with introductions to economic and ethical issues in environmental law, to the sources of public international law, and to the problem of making that law effective. The course will also examine how international trade law and institutions, including the World Trade Organization, affect efforts to protect the environment.
International Tax (Knoll/ Shuldiner)
This is a basic course on international taxation from a U.S. perspective. The course will cover both the U.S. taxation of U.S. persons engaged in international activities (outbound taxation) and the U.S. taxation of foreign persons engaged in U.S. activities (inbound taxation). The goals of the class are to provide an overview of the relevant law, to identify and wrestle with the types of international tax issues that frequently arise, and to become familiar with the underlying international tax policy issues that are being discussed today.
International Trade Regulation (Chang)
This course is a comprehensive introduction to the legal framework for U.S. and international regulation of international trade in goods. The course will include: a brief introduction to the economics of trade; an examination of the World Trade Organization (WTO), the General Agreement on Tariffs and Trade (GATT), and related instruments; and an analysis of U.S. laws providing relief from unfairly traded imports, including the antidumping and countervailing duty laws, and of U.S. laws providing for other restrictions on imports, such as safeguards.
Islamic Finance (McMillen)
This course will explore contemporary Islamic finance from a transactional vantage with particular emphasis on structuring financial transactions and products. The class will survey a range of Islamic investment topics and Islamic banking topics. These will include leasing, partnerships, sales, sukuk (Islamic securitizations), equity investments and funds, private equity, home ownership financings, credit cards, automobile financings and personal financings. These will be considered from the vantage of the transactional structure and Shariah principles will be derived from these case study discussions.
Issues in Global Human Rights: Perspectives from the Left and the Right (Burke-White/Gadsden)
This seminar will explore key issues in international human rights from both the "left" and "right" of US politics and examine how liberals and conservatives develop agendas for addressing major human rights issues, the implications of partisan approaches for achieving progress in human rights, and how international human rights agendas are impacted by US political debates. Topics for discussion will include: humanitarian intervention, democratization, transparency and accountability in the international system, corporate responsibility and labor rights, trade and human rights, rule of law, and religious freedom.
Law and the Holocaust (Reicher)
This course draws together the fields of comparative law, constitutional law, criminal law and procedure, jurisprudence, conflicts of laws, international law, human rights and legal history, and then superimposes them on the history of the Holocaust to examine the Nazi philosophy of law emanating from egregious racial ideology, and how it was used to pervert Germany's legal system. Then, the focus of study will be upon the role of international law in rectifying the damage by bringing perpetrators to justice and constructing a legal system designed to prevent a repetition.
Public International Law (Burke-White)
This course provides a formal introduction to international law and emphasizes the relationships between law and politics in the behavior of states, institutions, and individuals in world politics. International law is both more relevant and more interesting today than ever before. This course examines how international law is created, how it operates, and what effect it has on issues in contemporary international relations. This is a 1L elective course.
Refugee Law (Chang-Muy)
This course will explore the origins of 'refuge' or 'asylum' including the myriad of human rights violations that force people to flee and seek protection, public policy issues such as US laws and regulations that govern asylum, and international agencies that are involved in the process of granting protection. The course will cover both international refugee law and state practice with reference to international treaties and customary international law. To better understand and see how theory is put into practice, students may be involved in interviewing asylum seekers. The course will conclude by looking at the international institutional response to refugee problems.
Transitional Justice (Sirleaf)
Transitional justice refers to a wide range of approaches that societies undertake to reckon with legacies of widespread or systematic human rights abuse as they move from a period of violent conflict or oppression towards peace, democracy, the rule of law, and respect for individual and collective rights. TJ focuses on at least five primary approaches to confronting the past, including: trials, truth-seeking mechanisms, reparations, reform of abusive institutions and memorialization. The seminar will explore the role of amnesty during transition, initiatives aimed at engendering reconciliation by examining traditional/religious mechanisms of dispute resolution as well as other approaches to addressing human rights violations.
Transnational Legal Clinic (Paoletti/Gansallo)
This clinic is designed to prepare students for practice in a globalized world, through hands on experience in immigration and international human rights legal advocacy. Students are vested with the primary responsibility in representing and working alongside individuals and organizational clients in cases and advocacy projects that cross cultures, languages and legal systems, while working under the close supervision of faculty with years of practice experience. Through a mix of seminar, simulations, live-client representation, case rounds and weekly team supervision sessions, students gain training and practice in fundamental lawyering competencies. **Special enrollment procedures apply.
International Summer Human Rights Fellowship ISHRF): Deadline January 11
Applications for the International Summer Human Rights Fellowships (ISHRF) must be submitted via Simplicity by January 11. Up to 10 students will be selected for fellowships to support legal and policy work related to human rights and the rule of law. Additional details, timelines, and application forms can be found on the International Programs website.
Penn Law International Internship Program (PLIIP): Deadline January 11
Applications for the Penn Law International Internship Program (PLIIP) must be submitted via Simplicity by January 11. This year we expect to offer at least 15 internships in China, Japan, South Korea, India, France, Nigeria, Argentina, and England among other countries. Additional details, timelines, and internship descriptions can be found on the International Programs website.
Crowley Fellowship in International Human Rights: February 1
Opportunity for 3Ls. The Crowley Program in International Human Rights is dedicated to promoting human rights scholarship and advocacy at Fordham Law School and around the world. The fellowship is a 16-month position, totaling a commitment of three semesters. The fellowship begins in mid-August 2013. The Fellow's annual salary is $55,000 for the first year and $60,000 for the final semester, and includes benefits. Additional details.
Foreign Language and Area Studies (FLAS) Fellowships-- Summer Fellowship Deadline: February 15, Academic Year Deadline: March 1FLAS Fellowship funding is available for law students engaged in language study whose research or career plans will require the use of the relevant language. Students receiving Academic Year Fellowships must be enrolled in full-time study for the duration of the FLAS award and must take one language course and one related area or international studies course each semester. Summer Fellowships are for intensive language programs either domestically or abroad and require specific minimum contact hours and durations for summer courses. Applicants must be U.S. citizens or permanent residents. Application Information.
Highlights from Fall 2012 Events
The Ongoing Quest for Judicial Independence in Contemporary China (November 30)
Special talk given by Professor He Weifang, one of China's most prominent public intellectuals and China's leading voice on the importance of rule of law and prospects for consolidation of legal reform in the PRC. He Weifang is Professor of Law at Peking University Law School and a frequent commentator in various media outlets, including social media. In 2001, China Youth magazine named him one of the top 100 young people who might shape China in the 21st Century.
Evaluating Criminal Law: A Tool to Improve Democracy and Rationality in European Lawmaking? (November 27)
Lunchtime discussion with Marta Muñoz de Morales Romero, a Visiting Scholar who conducted her post-doctoral research at Penn Law this Fall on the potential of ex-post legislative evaluation as a technique able to promote rationality in European and national processes of legislative production in criminal matters. Her faculty sponsor, Professor Paul Robinson, served as moderator.
Cutler Rule of Law Fellows Program (November 16)
In November, Penn Law participated in the inaugural meeting of the Salzburg Global Seminar's Cutler Rule of Law Fellows Program in Washington, DC. This program brought students together with top academics and practitioners in the fields of private and public international law for an intensive one-day discussion of the most critical issues shaping today's international law agenda. Former State Department Legal Advisor John Bellinger and Yale Law Professor Michael Reisman offered the opening plenary remarks. Former South African Constitutional Court President and ICTY Prosecutor Richard Goldstone delivered the keynote address. The delegation from Penn Law included: Professor Burke-White, Associate Dean Amy Gadsden, Eric Lorber L'13, Shikha Bhattacharjee L'13, Lucy Seyfarth L'14, Francesco De Prospero L'14, and Audrey Banks L'14.
The Logic of Deterrence and the Changing Face of Warfare (November 16-17)
This conference sought to revive traditional discussions about the logic of deterrence, placing this topic in a contemporary setting. Is it permissible to threaten to do something it would not otherwise be permissible to do? Does precommitment to an otherwise impermissible course of action render it permissible, given that it is accompanied by advance warning? Does deterrence require public notice to constitute a legitimate public policy? The event was organized by the Center for Ethics and the Rule of Law (CERL) under the direction of Professor Claire Finkelstein.
3rd Annual Lloyd Cutler Lecture on the Rule of Law (November 12)
Hosted by Justice Sandra Day O'Connor, guests enjoyed a stimulating conversation between Baroness Helena Kennedy and Professor Anne-Marie Slaughter. The conversation was moderated by Adam Liptak, the Supreme Court correspondent for The New York Times, and followed by a reception at the U.S. Supreme Court. The event was attended by three members of Penn Law's Jessup Moot Court team, Andreas Kuersten L'14, Andrea Gordon L'14, and Grant Darwin L'14.
Global Forum (November 7-11)
The 2012 Global Forum at Tsinghua University brought together faculty and students from Penn Law, Goethe University Frankfurt/Main, Tsinghua University (Beijing), Sciences-Po (Paris) and Waseda University (Tokyo) for an intensive four-day program examining a broad array of constitutional issues from a comparative perspective. The four Penn Law student participants were Evie Hightower L'13, James Hobbs L'14, Daniel Martin L'14, and Peter Morcos GL'13. Information on faculty participants is listed in the faculty travel section below.
JIL Symposium: Mass Tort Litigation in a Shrinking World (November 2)
Inspired by the complex legal issues raised by decades of litigation over oil prospecting in Ecuador and the disputed $18 billion judgment against Chevron in Ecuador, this symposium discussed the future of international mass tort litigation in light of changing views in the U.S. and abroad on where and when corporate defendants should be vulnerable to suit. Organized by the University of Pennsylvania Journal of International Law, in association with the International Human Rights Advocates and the International Law Organization.
International Law Weekend (October 25-27)
Penn Law was one of the sponsors for this 3-day series of panels at the Lincoln Center campus of Fordham. President Ted Meron of the ICTY served as keynote speaker. Panels included: China and international law (with blind Chinese activist Chen Guangcheng); a two part presentation on international investment arbitration (with World Bank ICSID secretary general Meg Kinnear); and a panel on how to conduct a corporate compliance investigation when faced with local corruption (led by SDNY U.S. Attorney Mary Jo White).
The Future of Chinese Administrative Law (October 24)
This significant symposium, organized by Professor deLisle together with UPenn Visiting Scholar Neysun Mahboubi, took stock of the development of Chinese administrative law over the past thirty years, and explored possibilities for reform today. The conference addressed topics such as agency decision-making procedures, approaches to regulation, and external oversight in Chinese administrative law and practice. Presenters included top Chinese administrative law scholars specially invited to the U.S. by the American Bar Association's Section of Administrative Law & Regulatory Practice. Commentary was offered by distinguished scholars of administrative law and Chinese law.
Talk with the Deputy Director of International Law at the Israeli Ministry of Foreign Affairs (October 22)
Talk with Sarah Weiss Ma'udi C'97 on the international legal challenges facing Israel. Her primary areas of practice include maritime law, water law, international borders, international law relating to natural gas and oil, the recognition of states (including the question of Palestinian statehood), Israeli domestic sanctions policies regarding Iran, and Israeli policies vis-à-vis its neighbors (Jordan, Egypt, Syria, Lebanon, and the Palestinians).
Habeas Petitions for Enemy Combatants in Guantanamo (October 18)
Talk given by Joseph K. Hetrick, who has represented several individuals imprisoned at Guantanamo Bay in federal habeas corpus petitions. Deemed "enemy combatants," a term with no legal meaning, these individuals were subject to the possibility of indefinite imprisonment, unlawful interrogation techniques, and torture. Hetrick discussed the legal responsibilities that accompany bringing federal habeas petitions as well as his personal insight from the front lines.
The Cross-Cultural CEO: Growing a Business in a World Without Borders (October 18)
Law and Entrepreneurship Lecture with David Perla (C'91, L'94) Co-Chief Executive Officer of Pangea3 LLC, the #1 ranked legal process outsourcing provider world-wide with more than 1,000 employees globally, most notably in India and the United States.
Human Rights Advocacy in Haiti: A Discussion with Reed Smith's Pro Bono Counsel (October 17)
The Penn Law Immigrant Rights Project hosted attorneys Jayne Fleming and Chris Walters, who gave an overview of Reed Smith's human rights practice and discussed legal solutions to violence against women in Haiti. Following their remarks, the audience engaged in a question-and-answer session.
Workshop on Working with Survivors of Trauma (October 17)
Miriam H. Marton is a William R. Davis Clinical Teaching Fellow for the Asylum and Human Rights Clinic at the University of Connecticut School of Law. Professor Marton has spent a significant amount of time representing asylum applicants as part of the pro bono program at the New York offices of Skadden, Arps, Slate, Meagher & Flom LLP. Prior to going to law school, Ms. Marton was a social worker for fourteen years, specializing in working with survivors of trauma.
Cyberwarfare and the Rule of Law (October 15)
This day-long conference brought together leading authorities in the law, technology, and military to address the ethical and legal issues surrounding cyberwarfare. Participants considered such questions as whether the laws of armed conflict and the tenets of the U.N. Charter apply to cyberspace just as they do to traditional warfare, and whether the problems of cyber-warfare require new treaties and legal definitions. The event was organized by the Center for Ethics and the Rule of Law (CERL) under the direction of Professor Claire Finkelstein.
Brazilian Economic and Legal Environment: Basic Aspects for Investors and Lawyers Doing Business in Brazil (October 9)
Talk given by Adriano Dib GL'05 (Vice-president of the Penn Law Brazil Alumni Club) and moderated by Professor Chuck Mooney. Dib is a Professor of Corporate Law at FAAP as well as a corporate, private international lawyer in Sao Paulo, Brazil. This talk was given as part of his 2-day visit to Penn Law, leading a delegation of eight Brazilian law students. Sponsored by the Latin American Law Students Association (LALSA)
Multinational Perspective for Establishing the Rule of Law (October 2)
The Eastern European Law Student Association (EELSA) hosted Judge Bohdan Futey at their inaugural event as a new student group. Futey discussed his role in drafting the Ukrainian Constitution, involvement in Eastern European Rule of Law programs, perspectives on clerking, and the unique jurisdiction of the U.S. Court of Federal Claims in Washington, D.C.
Student News and Recognition
Joshua Roberts L'15 and Andrea Gordon L'14 will be competing on behalf of Penn Law in the Jessup International Law Moot Court regional competition held in February 2013. The Jessup Moot Court is a prestigious competition that attracts law students from over 500 law schools in more than 80 countries.
The U.S. Department of State has invited Engy Abdelkader GL'13 to participate on a December panel focusing on gender rights and religious freedom. This invitation also includes a holiday reception at the White House.
Shikha Bhattacharjee L'13 attended the Conectas International Human Rights Colloquium in Sao Paulo, Brazil from October 13-20. This annual conference, attended by human rights defenders, academics and experts from Africa, Asia and Latin America, addressed "Innovation in Human Rights: Rethinking Agendas and Strategies in the Global South." Shikha attended as a representative of Swayam, a Kolkata based organization committed to ending violence against women, where she spent her 1L summer as a Penn Law International Summer Human Rights Fellow.
Kaleena Laputka will represent Penn Law at the 4th Annual Womensphere Emerging Leaders Global Summit 2013 taking place in New York City on January 16-18, 2013. This is the country's premier conference convening the next generation of women leaders. Participants include women from leading universities and graduate schools, emerging women leaders from companies, 50 mentors, and 100 speakers who are leaders in their fields.
Penn Law Faculty Travel
In December, David Abrams traveled to Argentina to serve as a Visiting Professor of Intellectual Property Law at Universidad Torcuato di Tella.
In December, Anita Allen traveled to Israel, where she taught a course on the American Constitutional Right to Privacy at Tel Aviv University.
This Fall, extensive travel by William Burke-White has included: the Hague Institute for Global Justice's Conference on Global Governance of Biosecurity Threats (October), a Lecture on International Law and International Relations at Free University of Berlin (October), a German Marshall Fund Talk in Paris on Foreign Policy After the US Election (October), the Global Forum on Constitutional Law at Tsinghua (November), and European Think Tank Forum in Rome organized by the Penn Think Tank and Civil Societies Program (November).
In September, Howard Chang presented a paper, "Endogenous Decentralization in Federal Environmental Policies" (co-authored with Hilary Sigman & Leah Traub), at the annual meeting of the Canadian Law and Economics Association at the University of Toronto in Toronto, Canada. In January, he will present the same paper at a Faculty of Law workshop at Queen's University in Kingston, Canada.
In August, Cary Coglianese traveled to Seoul, where he gave the keynote address at a session organized by the Korean Legislation Research Institute.
In November, Jacques deLisle met the Penn Law delegation in Beijing where he participated in the 2012 Global Forum on Constitutional Law at Tsinghua. In December, deLisle traveled to Salzburg, where he was a core faculty member for the Salzburg Global Seminar, "China in the 21st Century: What Kind of World Power?"
In November, Douglas Frenkel traveled to Mexico City, where he served as the keynote speaker at the opening of the CIDE University Center for the Study of Conflict Resolution. Jorge Rosas, an LLM alum who had taken Frenkel's mediation course, was instrumental in initiating the program. While in Mexico, he also conducted a seminar for 16 CIDE faculty from several disciplines whose work will be part of the new center.
In October, Jonathan Klick visited the University of Ljubljana in Slovenia. On the same trip, he gave a keynote address on "The Promise and the Limits of Empirical Legal Studies" at the Max Planck Research School's workshop on Policy Implications of Law and Behavior, held at Erasmus University Rotterdam. Professor Klick is teaching empirical law and economics at Bar-Ilan in December, during which time he will give talks at Bar-Ilan and University of Haifa.
In December, Charles Mooney is observing at a meeting of the Netherlands Association of Civil Law which will include a presentation and discussion of a project to harmonize substantive insolvency law in Europe.
In September, Stephen Morse gave the keynote address on the relation of neuroscience and law at the first annual meeting of the European Association of Neuroscience and Law in The Hague. Later in October, Morse gave the keynote address on the theoretical, practical and ethical foundations of forensic psychiatry at the annual meeting of the Taiwanese Society of Psychiatry in Tainan, Taiwan. While in Taiwan, he also gave presentations on law and neuroscience in the Medical College and Law Colleges of the National Taiwan University in Taipei.
In October, Law school admission representatives from 13 U.S. universities toured Europe, presenting information sessions in Madrid, Milan, Paris, and Frankfurt. Assistant Dean for Graduate Admissions, Matthew Parker, represented Penn Law, and used this opportunity to meet with alumni groups in the region.
In November, Kermit Roosevelt accompanied the Penn Law delegation to Beijing where he participated in the 2012 Global Forum on Constitutional Law at Tsinghua.
In October, Christopher Yoo spoke at a conference held by the Mannheim Center for Competition and Innovation. His two sessions were on the topics of, 'The network neutrality debate in the US and in the EU: Parallels and differences' and 'Non-Discrimination-Obligations for ISPs and the Introduction of Quality of Service Offers.'
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