Academics

IMMIGRATION LAW (IMMG-300) 3 credits
Immigration is governed by a wide range of statutes, regulations, case law, and international treaties. This course critically examines the underpinnings as well as the substantive and procedural contents and policy implications of these various sources of immigration law. In particular, it focuses on the following aspects of immigration: admission, exclusion, deportation of noncitizens; the acquisition and loss of citizenship; the national security implications of immigration law, and state and federal laws regulating the presence of noncitizens often called "alienage laws." The course is also designed to teach basic skills in interpretation of complex statutes and administrative regulations.

No prerequisites.

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IMMIGRATION LAW CLINIC (IMMG-400) 3 credits
Students enrolled in the Immigration Clinic will provide legal representation to clients in immigration proceedings. Students will get involved at various stages of these proceedings, which may include proceedings before Immigration Officers, Immigration Courts, Board of Immigration Appeals, or Circuit Courts of Appeals. The primary responsibilities may include: interviewing clients in immigration custody, investigating facts, conducting legal research, preparing memoranda, motions and legal briefs, and conducting oral argument. The typical advocacy involves disputing the legal grounds for inadmissibility and/ or deportability, and seeking relief from deportation in the form of adjustment of status, cancellation of removal, asylum from persecution (because of race, religion, nationality, political opinion, or social group), and deferral of removal under the United Nations Convention Against Torture (CAT). Students must meet the Law Clinic's conflict of interest rules. Student teams must maintain office hours in the Clinic offices for a total of four hours a week spread over two days. The days and times for office hours will be determined based on each student team's schedule.

Prerequisite: Immigration Law (IMMG-300). Restriction: Students must meet the Law Clinic's conflict of interest rules.
This course fulfills the professional skills requirement.

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INCARCERATED PARENTS ADVOCACY CLINIC (FAML-410) 6 credits
Students in this course will advocate for incarcerated parents who are seeking to preserve their relationships with their children despite their incarceration. Under the supervision of clinic faculty, students will represent incarcerated parents in dependency and other proceedings and work closely with clients and their families to develop plans for maintaining the parent-child relationship. Students will develop lawyering skills through interviewing and counseling clients, engaging in negotiations and trial preparation, including interviewing witnesses and drafting motions, and representing clients in court. In addition, students will work collectively on developing materials to assist parents in self-advocacy and to help lawyers handling such cases to be more effective.

Prerequisite: Evidence (EVID-200). Pre or co-requisite: Professional Responsibility (PROF-200). Restrictions: Students must be Rule 9 eligible. Students must meet the Law Clinic's conflict of interest rules. Recommended: Poverty Law (POVL-300).
This course fulfills the professional skills requirement.

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INDIAN LAW AND NATURAL RESOURCES (INDL-315) 2 credits
Indian tribes have traditionally relied upon the natural resources for their personal, economic, cultural and religious well-being. Although ownership and access to those resources has been reduced over time, Indian tribes continue to own, and have rights to, a wide range of natural resources. Tribal management of natural resources have, in some instances, become models of wise use, protection and enhancement. This course will explore the basis for tribal ownership of, and rights to, natural resources; the nature and extent of those rights today; tribal managements of those resources; the interface and conflicts among tribal, state and federal agencies over the use and management of these resources; and the implication of selected federal statutes. Guest speakers will give presentations over the course of the semester. A paper will be required in lieu of a final exam.

No prerequisites.

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INDIAN TRUSTS AND ESTATES CLINIC (INDL-401) 4 credits
This three credit integrative clinic is open to students who have taken, or are currently enrolled in, the Trusts and Estates course. Students work in teams of two and will represent a low-income Native American person in an estate planning matter involving both their personal property and their interests in federal trust lands in the preparation of wills, powers of attorney, and health care directives. Student instruction is held in conjunction with the Trust and Estates Clinic students, with breakout sessions covering the Federal Law and Tribal Probate Codes that govern the estate of the Native American client. In addition, student teams must maintain office hours in the Clinic offices for a total of four hours per week. Office hours must be scheduled on Tuesday, Wednesday, or Thursday between 1 and 8 p.m. This clinic is available as an evening clinic.

Prerequisite or co-requisite: Trusts and Estates (ESTA-300). Restriction: Students must meet the Law Clinic's conflict of interest rules. Recommended but not required: Federal Indian Law (INDL-300).
This course fulfills the professional skills requirement.

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INDIVIDUAL INCOME TAX (TAXL-300) 4 credits
This course covers the basic concepts, rules, and policy choices involved in the Federal income tax system, including the concepts of gross income, exclusions from income, timing of receipt and recognition of income, deductions, gains and losses from the sale of property, and the basis of computing tax liability. Most other tax courses, as well as courses on pensions and employee benefits, build on the concepts learned in Individual Income Tax.

No prerequisites.

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INFORMATION PRIVACY (INTP-375) 2 credits
This course examines laws that protect personal information, with a focus on how these laws change with emerging technologies. The first part of the course examines the philosophical and historical roots of privacy law, as well as the Constitutional limitations on the ability of government to investigate matters traditionally considered private. We will also review common law torts, such as invasion of privacy and breach of confidentiality. A portion of the course will consist of an examination of the various federal statutes that protect privacy, such as the Fair Credit Reporting Act; the Privacy Act; the Health Insurance Portability and Accountability Act; the Gramm-Leach-Bliley Act; and the Family Rights and Educational Privacy Act. Additionally, we will discuss challenges to privacy in a high tech society, examining how the law, businesses, and consumers respond to issues created by data breaches, identity theft, and data sharing in the Internet marketplace. We will also discuss how other industrial countries have regulated information sharing, focusing on the European Union's Data Protection Directive.

No prerequisites.

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INSURANCE LAW (INSU-300) 2 credits
The Insurance Law course is an overview of insurance fundamentals-the nature of insurance, its purposes and functions in commerce, and its functions in and effects on tort litigation and recovery. In addressing these fundamentals, the class learns about the insurance contract, its structure, its interpretation, and its use.

No prerequisites.

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INSURANCE LAW: BAD FAITH AND FAIR CONDUCT (INSU-325) 3 credits
This course will focus on issues related to the doctrine of bad faith in the context of insurance litigation. The course will include an examination of the development of Washington's bad faith law and the creation of the Insurance Fair Conduct Act, which was passed in 2007 and has become a major feature of litigation practice. Students will hear from policymakers involved in the Act's passage and implementation and will be required to complete a series of litigation-focused exercises and assignments.

The course does not assume any background in Insurance Law. Students who have taken or are taking the Insurance Law course may also enroll in this course.

No prerequisites.

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INTELLECTUAL PROPERTY (INTP-300) 3 credits
This survey course covers the basic statutes and doctrines undergirding the three major federal forms of intellectual property: trademarks and unfair competition, copyrights, and patents. It also touches upon state law doctrines such as right of publicity, misappropriation, trade secrets, state trademark law, and other forms of unfair competition. Relying on a combination of cases and problems, students will develop a familiarity with the foundational principles of intellectual property law and practice.

No prerequisites.

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INTELLECTUAL PROPERTY LICENSING LAB (INTP-301) 1 credit
This course will cover the drafting and negotiating of license agreements and other types of agreements pertinent to the management, development, and marketing of various forms of intellectual property. This course must be taken pass/fail.

Prerequisite or co-requisite: One or more of the following: Copyright Law (INTP-320); Intellectual Property (INTP-300); Intellectual Property Licensing Law (INTP-310); or Trademark Law (INTP-315).
This course fulfills the professional skills requirement.

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INTELLECTUAL PROPERTY LICENSING LAW (INTP-310) 3 credits
This course is intended to expose students to licensing as a transactional model, and position him or her to analyze the comparative advantages or disadvantages of licensing in particular business contexts. The course will examine licensing in transactions involving copyrights, trademarks, publicity, trade secrets, and patents. Particular attention will be paid to strategic and policy issues involving the use of licenses in the "knowledge economy," especially software development/distribution and technology transfers. The successful student will develop the ability to determine when a license may or may not make sense in a particular transaction, to read a license critically from the perspective of either party, and to knowledgeably discuss the intersection between the law of contract, intellectual property, and antitrust found in the licensing context. Prior coursework in intellectual property is not a prerequisite.

Required Text: Gomulkiewicz et al., "Licensing Intellectual Property, Law and Application," Second Edition

No prerequisites.

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INTELLECTUAL PROPERTY PORTFOLIO MANAGEMENT (INTP-392) 3 credits
This course focuses on the day-to-day intellectual property issues faced by innovation companies (i.e., technology, pharmaceutical, biomedical, media and entertainment companies) in managing and growing their portfolios of patents, trademarks, copyrights, and trade secrets. This course will cover the substantive law and practical issues involved in topics such as: setting up and maintaining "safe harbors" from copyright infringement liability for web-based enterprises; the establishment of a patent program; managing trade secrets; intellectual property due diligence for mergers, acquisitions and strategic alliances; managing open source software; peer-to-peer data transfers across the internet; re-broadcast of audio-visual works via streaming technologies; and other commonly encountered intellectual property related business issues.

Prerequisite or co-requisite: Two or more of the following: Copyright Law (INTP-320); Intellectual Property (INTP-300); Patent Law (INTP-305); Trademark Law (INTP-315); or Intellectual Property: Law, Society and Technology (INTP-150).

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INTERNATIONAL ARBITRATION (INTL-330) 3 credits
If you look at the world's arbitration scorecard today, you will likely see a $28 billion dispute in London between the Russian Federation and private investors; a $ 27 billion dispute in New York between Chevron Texaco and Ecuador; a $1 billion dispute in Geneva between Nigerian National Petroleum and Gulf Petro Trading, etc. The diversity of the parties coupled with the scale and complexity of the transactions make the resolution of disputes through arbitration more attractive than domestic court litigation. While arbitration does not completely displace court litigation, it is now the principal means of the resolution of transnational disputes. This course first looks at the challenges associated with court litigation when the party-litigants are from different jurisdictions and cultures, and then provides an overview of the applicable laws and treaties in international arbitration. It highlights the difficulties associated with cultural diversity in the arbitral process by profiling some of the world's leading arbitral centers. It finally offers a comparative look at problems of enforcement of arbitral awards in selected jurisdictions. At the end of the course, student will be able to see that arbitration is not an alternative means of resolution of translation disputes, it is the principal means, and that lack of familiarity with the basic tenants of this system would be a gap in any lawyer's knowledge operating in today's global marketplace.

No prerequisites.

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INTERNATIONAL ARBITRATION PRACTICE (INTL-377) 2 credits
Formerly titled: ADVANCED INTERNATIONAL COMMERICIAL ARBITRATION

As the globalization of business advances, more commercial disputes are resolved through international arbitration. Indeed, the neutrality and procedural flexibility of international arbitration is, in some cases, essential to conducting international commerce.

This course will immerse students in the subject through a structured simulation of practice in the field of international commercial arbitration. Students will undergo an orientation as associates in a mock law firm, and then move through the stages of a hypothetical international arbitration: from drafting an effective arbitration clause to enforcing or challenging an arbitral award.

As mock associates, students will be expected to analyze statutes and rules, research and draft memoranda and arbitral submissions, advocate orally on issues arising in international commercial arbitration, and submit weekly timesheets. The course will thus emphasize writing and advocacy to develop an understanding of the customary practice of international commercial arbitration. In this way, the course hopes to give students the experience of being a law firm associate practicing in the field.

No prerequisites.
This course fulfills the professional skills requirement.

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INTERNATIONAL BUSINESS TRANSACTIONS (BUSN-320) 3 credits
The purpose of this course is to provide an overview of the issues that are likely to arise when clients engage in business abroad. The course begins with the most straightforward of international transactions, the international sale of goods (and the financing of such sales), and then turns to transactions involving greater and greater contact with a foreign county, including franchises, distributorships, licensing, and direct investment through joint ventures and wholly-owned subsidiaries. In examining each transaction, we necessarily draw on several areas of the law, including, among other things, contracts, antitrust, conflicts, labor law, business entities, and dispute resolution.

Recommended but not required: Business Entities (BUSN-300).

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INTERNATIONAL CRIMINAL LAW (CRIM-380) 3 credits
This course will cover: the nature and sources of international criminal law; the responsibilities of individuals, states, and others; alternatives to criminal prosecution; defenses; issues of state jurisdiction and fora; extradition and other means of obtaining personal jurisdiction; international cooperative enforcement; international tribunals from Nuremberg to former Yugoslavia, Rwanda, and the Permanent International Criminal Tribunal; and a selection of specific international crimes (e.g., war crimes, crimes against humanity, human rights abuses, and drug trafficking).

Additionally, there will be a strong emphasis on the context(s) in which international criminal justice is meted out. In many cases, states that have experienced serious international criminal violations are also states in transition from one regime to another. The social, economic, and political stability of these regimes heavily impacts upon the demands and priorities of such regimes. This in turn impacts upon their ability to deliver criminal justice. There will also be an attempt to situate the demands for criminal justice alongside the broader set of demands for justice that exist in such societies. By paying attention to this context, it is hoped that the student will have a richer and deeper understanding of the many obstacles set in the way of achieving international criminal justice.

No prerequisites.

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INTERNATIONAL ENVIRONMENTAL LAW (ENVL-340) 3 credits
This course is an introduction to the role of international law in environmental protection and to a range of issues raised by humankind's ecological impacts. The course begins with an overview of international law and then analyzes and critiques the legal regimes that have developed to address specific environmental crises. Among the crises addressed in the course are global warming, species extinction, destruction of rain forests, and global trade in hazardous waste. Special attention is devoted to the "North-South" conflict over responsibility for environmental protection and to the relationship between environmental protection and trade liberalization. Public International Law is recommended but not required.

Recommended but not required: Public International Law (INTL-300) or International Law (INTL-150).

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INTERNATIONAL HUMAN RIGHTS CLINIC (INTL-402) 4 credits
The International Human Rights Clinic offers students the opportunity to work with foreign and domestic clients before international and regional human rights bodies. Students will also collaborate with human rights organizations on research and advocacy projects. Furthermore, there may be opportunities to work on cases filed in U.S. courts that incorporate elements of international law.
In addition to project work, the course has a seminar component that presents knowledge and skills essential for lawyers in this dynamic field. The interactive approach covers relevant legal principles, theory, and case law, and--on the pragmatic side--features in-class exercises designed to hone critical skills. The International Human Rights Clinic is a graded course with a substantial time commitment; it may not be taken pass/fail.

Prerequisite or co-requisite: At least one of the following: International Criminal Law (CRIM-380); International Environmental Law (ENVL-340); International Humanitarian Law (INTL-370); International Law (INTL-150); International Law of Human Rights (INTL-305); or Public International Law (INTL-300); or previous coursework in human rights with instructor approval. Restriction: Must meet conflicts of interest rules.
This course fulfills the professional skills requirement.

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INTERNATIONAL INTELLECTUAL PROPERTY (INTP-345) 2 credits
This course covers both public and private sources of international intellectual property law and policy, including copyright, patents, trademarks, geographical indications, unfair competition, trade secrets, traditional knowledge and protection of plant genetic resources. The public component will include multilateral agreements such as the Berne Convention, the Paris Convention, and TRIPS-as well as some regional agreements such as European Union directives and regulations. We will trace how these agreements are administered through the major international institutions such as the World Intellectual Property Organization and the World Trade Organization, which in turn impact the shape of national laws and the direction of international harmonization. On the private side, we will cover briefly choice of forum, choice of law and other problems related to private transactions and enforcement. We will cover major U.S. intellectual property law concepts before discussing comparable rules in the assigned cases, whether those rules are derived from international treaties or from other countries' national laws. Relying on a combination of cases and problems, students will develop a familiarity with the foundational principles and challenges of international intellectual property law and practice, and be sensitive to the development policy components of intellectual property in the context of global trade. Special emphasis will be placed throughout on the public interest and social justice calculus involving intellectual property-protected knowledge goods.

Prerequisite: Two or more of the following: Intellectual Property (INTP-300); IP, Law Society & Technology (INTP-150); Patent Law (INTP-305); Copyright Law (INTP-320); or Trademark Law (INTP-315).  Recommended: Public International Law (INTL-300).

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INTERNATIONAL INVESTMENT LAW (INTL-322) 3 credits
This course examines the role of law in regulating foreign investment. It begins by discussing foreign investment in developing countries from both a historical and theoretical perspective and places foreign investment in the broader context of economic ‘globalisation.' It then examines the motivations and concerns of a particular host country and the foreign investor as they respectively consider opening the doors to investment and investing abroad.

The course will then examine four forms of law which constitute the legal architecture of investment regulation - the ‘law' of the market and laws of contract, property and business associations required by investors; the national law created by domestic legislatures and other law-making bodies to regulate investment; the economic law created through multilateral, plurilateral, regional and bilateral treaties; and finally the different kinds of law and policy emanating from global institutions such as the WTO, World Bank and international dispute resolution systems.

There are no prerequisites for the class, although some knowledge of international law will be helpful. Students will be evaluated on the basis of class participation and a research paper due at the end of the semester.

The required text for the course is M. Sornarajah, The International Law on Foreign Investment (3d ed. 2010). Additional articles, cases, and texts will be assigned throughout.

No prerequisites.

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INTERNATIONAL LAW OF HUMAN RIGHTS (INTL-305) 3 credits
This class will provide a comprehensive overview of the development of modern international human rights law, including the theory, institutions, practice, and procedures of the current human rights regime. The class will look at the various regional and international human rights regimes, as well as the use of international human rights law in domestic courts, particularly in the U.S. We will evaluate the strengths and weaknesses of the various procedures open to an international human rights lawyer, and discuss contemporary efforts to strengthen the enforcement of international human rights laws. Some of the questions we will discuss are: What are the most effective mechanisms for addressing current human rights abuses? What are the most effective mechanisms for providing relief to a victim of human rights violations? What is the relevance of international human rights law to domestic U.S. litigation?

No prerequisites.

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INTERNATIONAL TAXATION (TAXL-330) 3 credits
This course will cover outbound (foreign income of U.S. persons and entities) and inbound (U.S. income of foreign persons and entities) aspects of U.S. taxation. The course will focus primarily on the U.S. tax system, but will devote some attention to adjustments made between tax regimes of different countries through tax credits and tax treaties.

Prerequisite: Individual Income Tax (TAXL-300).

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INTERNATIONAL TRADE (INTL-340) 3 credits
This course will examine the international trade regime created by the General Agreement on Tariffs and Trade and the World Trade Organization and various regional agreements, such as NAFTA and the European Union. The course will also examine aspects of U.S. trade law.

No prerequisites.

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INTERNATIONAL TRADE II (INTL-342) 3 credits
The course is a continuation of International Trade. It will explore certain topics and issues currently at issue in the World Trade Organization jurisprudence in greater depth and will spend more time on U.S. trade law and regional and bi-lateral agreements, subjects that were only lightly touched on in the introductory course.

Meeting Notes for the Spring 2014 Section: Two or three of the class sessions will be co-taught by Rufus Yerxa. Professor Yerxa, an alumnus of the law school, just completed 12 years as Deputy Director General of the World Trade Organization. On the mornings that Professor Yerxa is teaching, class will start at 8:00 a.m. and run until 9:45. This will enable us to take maximum advantage of his expertise.

Prerequisite: International Trade (INTL-340) or equivalent as determined by the professor.

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INTERNET AND CYBERSPACE LAW (INTP-330) 3 credits
The Internet has become a central means of personal, business, commercial, and public information transfer and transactions. Our class will explore the business of the Internet and what law applies. We will survey the primary Internet business plans, the intellectual property issues that consume those businesses (including patents, trade secrets, copyrights and trademarks), first amendment and social media issues (including free speech, defamation and privacy) and other key Internet business and legal issues (such as online contracting, jurisdiction, tax and gambling).

No prerequisites.

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INTRODUCTION TO INTELLECTUAL PROPERTY THROUGH VIDEO GAMES AND VIRTUAL WORLDS (INTP-300) 3 credits
This course will introduce students to the concepts and areas of federal and state intellectual property law in the context of the video game industry. The areas of intellectual property discussed will include the law of copyright, patent, trademarks, trade secrets, advertising, the right of publicity and unfair competition. The student will become acquainted with the entire process of developing and commercializing a modern video game. In addition to introducing the statutory and common law frameworks and basic doctrines of intellectual property law, the course will also cover various legal tasks faced by lawyers advising game developers, such as the acquisition of intellectual property assets for video game development, including cinematic and music licensing, the law governing software and video game licensing to end users, and legal issues concerning the construction of game devices and interoperable hardware consoles. The law governing gaming in virtual worlds will also be covered. The cases assigned will focus mainly on disputes involving familiar hardware names and game titles.

Restrictions: Students who have received credit for Intellectual Property (INTP-300) may not receive credit for this course.

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