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Course Descriptions
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M01
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Human Rights in Europe
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2 credits
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A survey of European civil rights, both under the European Convention
of Human Rights and the legal system of the European Union. Special
attention shall be devoted to differences in the legal framework
and techniques used under the two European systems, as well as
its main enforcers: the European Court of Human Rights, in Strasbourg,
and the Court of Justice of the European Communities in Luxembourg.
A comparative study of selected specific rights, both substantive
and procedural, shall be pursued, stressing some specific problems:
foreigners and European citizenship, multiple languages in Europe,
etc.
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M04
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The Legal System of the European Union
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2 credits
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The course gives an accurate picture of the general framework
and functioning of the legal system of the European Union, with
special emphasis on the decision-making process, the distribution
of power between member states and the EU, and the principles
that govern the relationship between the legal systems of the
EU and its member states. Additional study will be of the legal
setting of the European Common Market. Attention will be paid
to the economic liberties guaranteed by the Treaty of Rome, as
well as the other rights and duties shaping the legal environment
of any corporation conducting business in Europe, especially
U.S. firms.
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M09
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General Practice Externship
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1 credit
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The externship affords insight into various aspects of the Spanish
practitioner's daily routine. Discussion of legal issues involved
in the cases being handled gives you the benefit of learning
the Spanish approach to legal analysis. A very limited number
of externships with Spanish lawyers are available. The one week
externship is held the week before the regular session begins.
The selection of students for externships is based both on the
date of registration and on individual qualifications (applicants
must be fluent in Spanish). Individual selection is subject to
approval of both program officials and participating Spanish
law firms. Early registration is essential for those who want
to participate. This course is graded on a pass/fail
basis.
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M12
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International Environmental Law
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2 credits
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The course considers topics such as liability issues in transboundary
pollution; institutional framework of international environmental
regimes; the cooperative system of management of global environmental
problems (climate change, biodiversity...) and of the global
commons (atmosphere, oceans, Antarctica...); environmental restraints
on international aid and technology transfer and debt for nature
swaps; international trade and the environment (unilateral environmental
measures and trade sanctions, hazardous waste trade, CITES...);
and environmental issues in transnational contracts, mergers
and acquisitions.
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M13
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Securities Regulation in Europe
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2 credits
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The course examines the European Financial Services Action Plan
(FSAP) and the framework developed under it for the harmonization of financial markets and services, both in terms of structure of the markets and market participants and in terms of conduct of business rules. The course reviews the goals set by the FSAP, the Directives enacted to achieve them, and pending issues, one of which is closer transatlantic cooperation.
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M16
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Comparative Corporations
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2 credits
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An exploration of the legal structure of corporate institutions
both in the United States and Europe, emphasizing the control
of managers in publicly held corporations. The course initially
focuses on topics such as the distinction between corporations
and partnerships; the mechanisms to establish US/European corporations;
and the distribution of authority among shareholders, directors
and officers. The course then moves to the differing views of
the corporation's proper role in society and the present debate,
on both sides of the Atlantic, about the ideal governance structure.
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M18
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European Internet Law
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2 credits
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An overview of European Internet Law through an examination of
how the European Union (EU) and EU countries have addressed the
regulation of the main legal domains of cyberspace. After an introduction
to the notion of the Internet and Internet law, the course will
cover three main areas: first, the legal basis of the so-called deregulation of
information and communication technologies in Europe within the
broader context of telecom policies; second, public law issues, focusing on the following aspects: civil rights in cyberspace,
jurisdictional problems arising from cybercrime, and electronic
management by government departments and agencies; third, e-business
law, with particular attention to the law of intellectual property in cyberspace, e-commerce, the impact of the Internet on
labor relations law, and cyberspace taxation.
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M22
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Introduction to Civil Law and Comparative Constitutional Law
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2 credits
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Structured in two parts, the course begins by introducing the
particular approach to the law and the distinct way of legal
thinking that characterize the Civil Law legal tradition and
mark the contrast with the Common Law legal culture. It explores
how and why these two legal paths developed and examines the
contemporary trend towards convergence. The second part focuses
on major aspects of Comparative Constitutional Law. Against the
background of successive waves of democratization after the Second
World War and the collapse of the Soviet Union, consideration
will be given to the issues of constitution-making, designing
democracy, constitution-interpreting and constitutional courts.
The phenomenon of judicial globalization will also be given special
attention.
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M24
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The Law of the World Trade Organization
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2 credits
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This course addresses both institutional and substantive aspects
of the law of the WTO/GATT. It covers the underlying philosophy
of free trade and introduces the major legal disciplines under
the WTO. In addition, it deals with some of the controversies
concerning the future evolution of the WTO and its relation to
globalization. The course covers rules of origin, tariffs and
customs law, quantitative restrictions, non-discrimination provisions,
dispute settlement system, intellectual property rights and trade
in services.
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M26
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Post-Conflict Justice
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2 credits
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This course covers mechanisms to establish justice in post-conflict settings, including efforts to redress criminal acts occurring during violent conflict, methods of restoring and strengthening justice systems that failed or became weakened as a result of internal conflict, and strategies to promote the rule of law in post-conflict societies. Topics will include tribunals and truth commissions, constitutional development, legislative and judicial reform, transparency and corruption, policing and security, elections, and the role of civil society in establishing sustainable justice and development.
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