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International and Comparative Law Courses

Professor Aziz Huq

The courses listed below provide a taste of the International and Comparative Law courses offered at the Law School, although no formal groupings exist in our curriculum. This list includes the courses taught in the 2020-21 and 2021-22 school years. Not all of these courses are offered every year, but this list will give you a representative sample of the variety of courses we might offer over any two-year period. Other new courses will likely be offered during your time at the Law School.

PLEASE NOTE: This page does not include courses for the current academic year. To browse current course offerings, visit my.UChicago.

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Courses

American Indian Law

Most of American legal education focuses on federal, state, and local government laws. Yet, there are 574 tribal governments in the United States that receive precious little attention from legal academia and American society broadly. Why do we generally ignore or exclude the laws of American Indian tribes from the mainstream study and conception of of "American law"? When we take the time to look at tribal law, what might we learn? These questions will guide this seminar as we examine the complex history of tribal law in America and the current state of American Indian tribal law. A series of short research papers on different topics in tribal law will be required (20-25 pages.)

Previously:

  • Spring 2021: Elizabeth A. Reese

Art Law

This seminar examines legal issues in the visual arts including artist's rights and copyright, government regulation of the art market, valuation problems related to authentication and artist estates, disputes over the ownership of art, illicit international trade of art, government funding of museums and artists, and First Amendment issues as they relate to museums and artists. Final grade will be based on: a major paper (20-25 pages) and class participation

Previously:

  • Autumn 2021: William M. Landes and Anthony Hirschel
  • Autumn 2019: William M. Landes and Anthony Hirschel
  • Autumn 2017: William M. Landes and Anthony Hirschel
  • Autumn 2018: William M. Landes and Anthony Hirschel

Big Problems

The Big Problems course will use multidisciplinary approaches to try to understand and tackle the most important problems facing our country or the world. The first 8 weeks will be taught by the instructors and outside experts, focusing on problems such as the Zika virus, Syrian migration to Europe, cybersecurity, nuclear waste storage, opioid addiction, sex trafficking, and policing and race relations. Students will work in teams of 2 business and 2 law students to develop feasible policy or private sector solutions to a problem of their choosing and make a presentation in the last 2 weeks. Presentations will be made to instructors, outside experts and fellow students. Final grade will be based on the presentations and a companion paper (20-25 pages). Participation may be considered in final grading.

Previously:

  • Spring 2022: David Weisbach and Anup Malani
  • Spring 2021: David Weisbach and Anup Malani
  • Spring 2020: David Weisbach and Anup Malani
  • Spring 2019: David Weisbach, Anup Malani, Robert Topel, and Kevin Murphy
  • Spring 2018: David Weisbach, Anup Malani, Robert Topel, and Kevin Murphy

Buddhism and Comparative Constitutional Law

This two-credit seminar will explore the relationship between Buddhism and constitutional law in contemporary Asia. It will begin with a review of precolonial Asia and an exploration of the traditions of monastic law. It will then examine current Buddhist practices and constitutionalism in a variety of Asian countries, including those of the Theravada tradition (Thailand, Myanmar and Sri Lanka) and those in the Mahayana (Northeast Asia) as well the Himalayas. The emphasis is on how legal and religious institutions have mutually informed and transformed each other throughout different periods in history. This comparative study is especially significant as Buddhist actors are playing increasingly important roles in the design, interpretation, and reformation of Asian constitutional law. In addition, while existing literature explores legal practices in secular, Islamic, and Christian contexts, few studies provide such comparative analysis in a Buddhist context.

The format of the seminar will include discussions led by the professors as well as several guest presentations of papers by other participants in a joint research project, with backgrounds in history, politics, law, religion, and anthropology. Students will prepare a series of reaction papers to these presentations, due a week before the respective session. Grading will be on the basis of these papers and class participation. The course is open to interested students from throughout the university. This class will begin the week of January 4, 2021.

Previously:

  • Winter 2021: Tom Ginsburg, Benjamin Jacob Schonthal

Climate Change and the Law

Climate Change and the Law will address doctrinal issues related to climate change. Students will study international climate agreements, the law of climate attribution, and other issues about how the law can be used to address the climate crisis. Readings will be posted on Canvas. Students will be evaluated on the basis of a paper and a presentation. Enrollment limited to 14. Participation may be considered in final grading. Interested students should submit a brief statement of interest to the professors no later than 5pm on Monday, February 21 (hajin@uchicago.edu and jmacey@uchicago.edu).

Previously:

  • Spring 2022: Hajin Kim and Joshua C. Macey

Comparative and International Antitrust

This course will consider antitrust law and policy questions from a comparative and international perspective. It will examine the major systems of antitrust enforcement around the world and their major differences. Such comparisons will be done with respect to institutional features as well as key areas of enforcement such as horizontal cartels, vertical distribution restraints, monopolization, and mergers. The course will then analyze the global antitrust legal system, including the externalities imposed by national law enforcement on other jurisdictions, as well as the justifications and costs of a variety of international coordination, harmonization, and joint enforcement practices and proposals. This analysis will enable us to focus on fundamental antitrust questions: What are the goals of antitrust and how can they be best achieved? What are the main differences between antitrust systems and how are they justified? What is the effect of different systems on the global antitrust legal system? Can anti-competitive practices engaged in by large multinationals be deterred by the current system? Some of the issues explored, such as the pros and cons of the harmonization of laws, have implications for other areas of law as well. This class has a final exam. Participation may be considered in final grading.

Previously:

  • Spring 2022: Michal Gal

Comparative Constitutional Design

Designing "The Supreme Law of the Land" is challenging. Recent constitution-making exercises in Chile, Nepal and elsewhere have called new attention to the problems of institutional design of political systems. In this seminar we will examine the design and implementation of national constitutions, and how to understand Fundamental Laws around the world. In particular, we will address the following questions: What are the basic elements of constitutions? How do these elements differ across time, across region, and across regime type, and legal background? What is the process by which states draft and implement constitutions? What models, theories, and writings have influenced the framers of constitutions? How does Judicial Review works in different constitutional systems? We will first review the historical roots of constitutions and investigate their provisions and formal characteristics. We will also discuss the circumstances surrounding the drafting of several exemplary or noteworthy constitutions, from various regions of the world, their similarities and relevant differences. We will then examine selected features of institutional design in depth, and analyze the factors that make constitutions effective and enduring. Method of evaluation will be exam or major paper.

Previously:

  • Winter 2022: Rodrigo Delaveau Swett

Comparative Constitutional Studies

In this seminar, we will study recent developments in constitutional law and politics from a comparative perspective. In particular, it explores the role of constitutional design in the context of recent threats to constitutionalism across the world. It has two distinctive features: first, it examines comparative constitutional law through the lens of plurinational and deeply divided societies. Constitutions are supposed to provide political and legal mechanisms for resolving societal disputes, and a focus on deeply divided societies will allow us to examine this function closely. We will, therefore, draw our examples not only from constitutionally influential jurisdictions, but also from those outside the 'canon' of comparative constitutional law. Second, the seminar goes beyond a focus on courts and legal norms. Apart from constitutional courts, it includes a study of other constitutional institutions (such as legislatures, executives, political parties, and guarantor institutions such as electoral commissions, ombuds offices, human rights and equality commissions, and anti-corruption bodies). Recommended (not required): any constitutional law/politics/theory class concerning any jurisdiction(s). This class has a final exam (2 credits), plus optional papers (3 credits). Students may also write a major paper (20-25 pages) for 3 credits.

Previously:

  • Spring 2022: Tarunabh Khaitan

Comparative Legal Institutions

This course is designed to examine a range of legal institutions from a comparative and interdisciplinary perspective. It is not a traditional course in comparative law, in that it focuses not so much on particular rules of substantive law but on the structure of different legal systems and the consequences of those structural differences for law and society. In particular, we will focus on the economic impact of legal traditions. Readings will be drawn from legal and social science literature, including works from anthropology, economics, political science and sociology. The course will explicitly cover non-Western legal traditions to an extent not found in conventional comparative law courses. Furthermore, American institutions are explicitly included in the comparison: this is not simply a course in foreign law. Assessment is by a three-hour take-home exam. There is an option to write a research paper sufficient to fulfill the substantial writing requirement; LLM, second-year and third-year students can exercise this option freely but only a limited number of first-year students may avail themselves of it. Participation may be considered in final grading.

Previously:

  • Spring 2022: Tom Ginsburg
  • Spring 2021: Tom Ginsburg
  • Spring 2019: Tom Ginsburg
  • Spring 2018: Tom Ginsburg

Constitutions Lab: Myanmar

The coup d'etat earlier this year in Myanmar has created a horrific humanitarian situation. It has also brought a host of legal challenges, including: the question of who can properly represent the country at the United Nations and other international fora; the status of existing peace agreements with armed rebels; and the future constitution of the country. This Lab will grapple with these issues. It will first cover a series of background readings on the country, followed by a series of short assignments that will inform constitution-making efforts under way outside Myanmar. Enrollment is limited and by instructor approval only. Interested students should send a cv and statement of interest to Prof. Ginsburg. Group projects and memos will be the basis of evaluation. Participation may be considered in final grading.

Previously:

  • Autumn 2021: Jason Gelbort, Tom Ginsburg

Counterintelligence and Covert Action - Legal and Policy Issues

This seminar will focus on the constitutional and legal framework for counterintelligence and other instruments of national power that seek to neutralize and/or exploit our adversaries' intelligence activities against US national security interests. Such adversaries may include foreign intelligence services, terrorists, foreign criminal enterprises, cyber intruders, or some combination thereof. The seminar will consider both legal and policy issues raised in efforts to prevent adversarial espionage action -- overt, covert, or clandestine -- targeting US military, diplomatic, and economic interests at home and abroad. The seminar will also explore the role and overlap of covert action, roughly defined as action intended to influence events in another nation or territory without revealing the involvement of the sponsor. Although the primary focus of the seminar will be separation of powers issues and the role of executive power in counterintelligence and covert action, care will be taken to consider less frequently discussed implications for domestic and international economies and markets, as well as the extent to which economic and market considerations motivate policy making or legal decisions. The seminar will include short case studies from the Cold War and post-Cold War eras in the US, Latin America, the Middle East, and the former USSR, as well as recent events. The seminar is designed to minimize overlap with the material covered in The Law of Counterterrorism (LAWS 70704 or 43221) and National Security Issues (LAWS 70703 or 53217) by primarily focusing attention on state actors rather than nonstate actors. Grades will be based upon a final paper (20-25 pages), occasional short response papers, and reasonable class participation.

Previously:

  • Spring 2022: Stephen Cowen

Cross-Border Transactions: Law, Strategy & Negotiations

This is a short class scheduled for Mon-Thurs., Sept. 27-30 only.

This seminar is a survey of cross-border transactions and how successfully negotiating a transaction may vary across boarders. We will first examine negotiation strategies and key terms in commercial contracts. Next we will review how these transactions vary globally. Lastly, the course will also discuss the increasingly important issue of bribery, focusing primarily on the Foreign Corrupt Practices Act and the UK Bribery Act. We will then put all this together to discuss multi-jurisdictional transactions and how to best negotiate cross-border legal, procedural and cultural differences. Final grade will be based on: Substantial out of classroom work, a short paper, an in-class negotiation and class participation.

Previously:

  • Autumn 2021: Tarek Sultani

Current Issues in Criminal and National Security Law

This seminar covers a series of current issues in criminal and national security law, often comparing and contrasting the two approaches, with a focus on war power and uses of military force, drone strikes, challenges arising from acts of terrorism and national security prosecutions (including a focus on substantive terrorism offenses, espionage offenses as well as the leaking of classified information), a discussion of criminal investigative tools and intelligence activities, application of constitutional principles to terrorism investigations and prosecutions (particularly the First, Fourth, Fifth and Sixth Amendments and the application of Miranda, Quarles and Corley decisions and certain state bar rules in that context), and in other select topics, including the Classified Information Procedures Act, economic sanctions, and national security leaks. Each class will focus on a different topic, with advance reading assigned around each topic, and grading on the basis of two short reflection papers (3-5 pages each) and a final paper in the form of a U.S. Supreme Court opinion (20-25 pages, including a majority and dissent) on a select issue in criminal and national security law. Guest speakers may be invited to help facilitate discussion on certain topics. Criminal Law is a prerequisite.

Previously:

  • Winter 2022: Patrick J. Fitzgerald and Michael Y. Scudder
  • Winter 2021: Michael Y. Scudder and Patrick J. Fitzgerald
  • Winter 2020: Michael Y. Scudder and Patrick J. Fitzgerald
  • Winter 2019: Patrick J. Fitzgerald

Enforcement Risk in Cross-Border Transactions

This seminar will examine enforcement risk and mitigation strategies encountered in international and cross-border transactions. In particular, we will spend time considering the contours of risk flowing from bribery, corruption, economic sanctions and money laundering issues. We will focus on legal and reputational risk, as well spend some time on financial risk incident in these transactions. Students will gain an in-depth understanding of key U.S. and foreign laws (like the U.S. Foreign Corrupt Practices Act and the U.K. Bribery Act) relating to cross-border enforcement, explore common red flags found in global transactions, explore how different transactions (including traditional "leveraged" buyouts, real estate, credit, and other alternative investment strategies) impact international risk mitigation strategies, and learn how to structure deals based on the varying risks presented. This class requires a major paper (20-25 pages).

Previously:

  • Spring 2022: Asheesh Goel, Kim Nemirow, and Nicholas Niles
  • Spring 2020: Asheesh Goel, Kim Nemirow, and Nicholas Niles
  • Spring 2019: Asheesh Goel

Equality as a Human Right

This seminar will examine equality within the context of human rights. The general principles of equality and non-discrimination are fundamental elements of international human rights law and most of the world's constitutions. However, legal definitions of equality and non-discrimination differ globally as do perspectives on how human rights principles (and the concept of rights more generally) promotes and impacts equality. We will explore legal definitions of inequality based on protected classes, attributes and identity such as race, gender, ethnicity, nationality and sexual orientation. We will also discuss socio-economic inequality and its intersection with the human rights system. Students may take the course for two or three credits. All students will do a short presentation. Students taking the course for two credits will write two 4-5 page reaction papers. Students taking the course for three credits will write a reaction paper and a longer final paper. Grades will be based on the presentation, participation and papers submitted.

Previously:

  • Winter 2021: Claudia M. Flores

European Legal History

This seminar aims to give students an appreciation of the basic themes and most important events in European (as opposed to English) legal history. It begins with the Roman law formulated under the Emperor Justinian and moves forward to the 19th century. Among the subjects covered are Germanic law, the rise of legal science beginning in the 12th century, the nature of the ius commune, legal humanism, the reception of Roman law, the natural law school, and the movement towards Codification. In addition to the text book, students are expected to read one law review article each week and to share it with the class. They are permitted to write a research paper (20-25 pages), but a final examination will also be offered as an option.

Previously:

  • Winter 2021: R. H. Helmholz
  • Autumn 2018: R. H. Helmholz
  • Winter 2018: R. H. Helmholz

Foreign Relations Law

This course examines the constitutional and statutory doctrines that regulate the conduct of American foreign relations. Topics include the distribution of foreign relations powers between the three branches of the federal government, the status of international law in U.S. courts, the scope of the treaty power, the validity of executive agreements, the preemption of state foreign relations activities, the power to declare and conduct war, and the political question and other doctrines regulating judicial review in foreign relations cases. This class has a final exam. Participation may be considered in final grading.

Previously:

  • Spring 2022: Curtis Bradley

Global Human Rights Clinic

The Global Human Rights Clinic (GHRC) works to advance social and economic justice worldwide. The Clinic uses multidimensional advocacy strategies to address pressing human rights issues, including documentation and reporting, legislative and institutional reform, and litigation in domestic, regional and international tribunals. Working in project teams, students develop essential lawyering skills, including oral advocacy, fact-finding, research, legal and non-legal persuasive writing, interviewing, media advocacy, cultural competency and strategic thinking. GHRC clients and partners include United Nations agencies and other multinational organizations, NGOs and individuals across the globe, and national and local governments. Clinic projects vary from year to year. In 2020-2021, GHRC projects included litigation of a Petition on behalf of domestic workers before the Inter-American Commission on Human Rights; advisory support to candidates for Chile's constitutional commission on measures to advance gender equality and women's rights; publication of two reports on police lethal use of force policies in the U.S. and globally; design and delivery of trainings on strategic litigation and comparative foreign law to lawyers in Tanzania challenging inhumane prison conditions; and documentation to the U.N. Human Rights Council on Vietnam's violation of its citizens' right to freedom of expression. For more information on the Clinic's work, visit the GHRC's website: https://www.law.uchicago.edu/ghrc and Facebook Page: https://www.facebook.com/GHRChicago. Students may enroll for up to three credits in the Clinic per quarter. New students to GHRC enrolled in the J.D. program should plan to take the Clinic for three quarters for a minimum of two credits each quarter, unless they receive faculty approval prior to registration. Continuing J.D. students and LLMs may take the Clinic for any allowable amount of credits and quarters. Participation may be considered in final grading. Recommended (not required) co-requisites: Public International Law; International Human Rights Law.

Previously:

  • Spring 2022: Claudia M. Flores and Mariana Olaizola Rosenblat
  • Winter 2022: Mariana Olaizola Rosenblat
  • Autumn 2021: Mariana Olaizola Rosenblat
  • Spring 2021: Claudia M. Flores and Mariana Olaizola Rosenblat
  • Winter 2021: Claudia M. Flores and Mariana Olaizola Rosenblat
  • Autumn 2020: Claudia M. Flores and Mariana Olaizola Rosenblat

Global Inequality

Global income and wealth are highly concentrated. The richest 2% of the population own about half of the global assets. Per capita income in the United States is around $47,000 and in Europe it is around $30,500, while in India it is $3,400 and in Congo, it is $329. There are equally unsettling inequalities in longevity, health, and education. In this interdisciplinary seminar, we ask what duties nations and individuals have to address these inequalities and what are the best strategies for doing so. What role must each country play in helping itself? What is the role of international agreements and agencies, of NGOs, of political institutions, and of corporations in addressing global poverty? How do we weigh policies that emphasize growth against policies that emphasize within-country equality, health, or education? In seeking answers to these questions, the class will combine readings on the law and economics of global development with readings on the philosophy of global justice. A particular focus will be on the role that legal institutions, both domestic and international, play in discharging these duties. For, example, we might focus on how a nation with natural resources can design legal institutions to ensure they are exploited for the benefit of the citizens of the country. Students will be expected to write a paper (20-25 pages), which may qualify for substantial writing credit. Non-law students need instructor consent to enroll. Class participation may also be considered in final grading.

Previously:

  • Winter 2021: Martha C. Nussbaum and David Weisbach
  • Winter 2019: Martha C. Nussbaum and David Weisbach

Greenberg Seminar: Law and Politics in the Irish Literary Renaissance

* All meetings will take place in Winter and Spring quarters of 2021.*

Just over a century ago, Ireland underwent a tumultuous period of rebellion and civil war, generating a body of literature that captured the law and politics of a new nation. In this Greenberg, we will read the following selection of classic works for their insight into the history of a society attempting to slough off imperial and colonial legacies to define itself anew. Perhaps Ireland's most celebrated author, James Joyce, published two of his greatest works -- Dubliners (1914) and Portrait of the Artist as a Young Man (1916) -- during World War I and the Easter Rising. Ireland's first Nobel laureate, William Butler Yeats, was a leading force in the Irish revival, founding the Abbey Theatre and chronicling the age in poems such as Easter 1916, An Irish Airman Foresees His Death, Sailing to Byzantium, and The Second Coming. One of the first plays to open at the Abbey was Playboy of the Western World, by J.M. Synge, which led to riots in Dublin during its opening run in 1907; we will read it together with another celebrated play that also debuted at the Abbey: Juno and the Paycock by Sean O'Casey. To close the moment, we will read Ireland's leading modernist and third Nobel laureate, Samuel Beckett: specifically, his novel, Molloy, and landmark play, Waiting for Godot. What do these works tell us about how societies capture political moments in art and what makes them lasting parts of literary history? Graded Pass/Fail.

Previously:

  • Spring 2021: Martha C. Nussbaum and William Anthony Birdthistle
  • Winter 2021: Martha C. Nussbaum and William Anthony Birdthistle

Greenberg Seminars: The Law of Space

This is a year long seminar. This Greenberg Seminar will explore the law governing space programs and outer space, including issues involving the International Space Station, the Moon and other extraterrestrial bodies, lost astronauts, and any number of other topics. Graded Pass/Fail and is worth 1 credit which defaults to the autumn quarter.

Previously:

  • Autumn 2021: Jonathan Masur and Bridget A. Fahey

History of the Common Law

A survey of the development of Anglo-American legal institutions. Among the subjects covered will be the origins and growth of the legal profession, the origin and use of royal writs, the growth of the court system and the nature of trials at common law, law reporting, and the development of the common law in the American colonies and the new Republic. This class has a final exam.

Previously:

  • Winter 2022: R. H. Helmholz
  • Spring 2020: R. H. Helmholz

Human Trafficking and the Link to Public Corruption

This course provides a comprehensive, practical introduction to the history and present-day reality of human trafficking both domestically and internationally. In the year of the 20th anniversary of the Palermo Protocol, the course will look back on how far individual states have come in their efforts to fulfill their obligations under the Protocol. By reviewing the challenges to criminal prosecution first, the course will explore alternative paths to eradicating this transnational human rights crime that impacts over 40 million individuals annually. Reviewing the array of supply chain laws domestically and internationally first and then exploring industry-wide practices, students will learn to examine solutions from an array of laws that reach beyond merely criminal prosecution. Recognizing that public corruption plays a significant and powerful role in aiding the crime to continue with little societal repercussions, the course will explore ways in which the Foreign Corrupt Practices Act and the TVPRA have mechanisms to enforce these violations that provide billions of dollars to the traffickers. Taught by federal district court judge, Hon. Virginia M. Kendall. A major paper (20-25 pages) is required.

Previously:

  • Winter 2022: Virginia Kendall
  • Winter 2021: Virginia Kendall
  • Winter 2020: Virginia Kendall

Immigrants' Rights Clinic

The Immigrants' Rights Clinic provides legal representation to immigrant communities in Chicago, including individual representation of immigrants in removal proceedings, immigration-related complex federal litigation, and policy and community education projects on behalf of community-based organizations. Students will interview clients, develop claims and defenses, draft complaints, engage in motion practice and settlement discussions, appear in federal, state, and administrative courts, conduct oral arguments and trials, brief and argue appeals, and engage in media advocacy. In the policy and community education projects, students may develop and conduct community presentations, draft and advocate for legislation at the state and local levels, research and draft public policy reports, and provide support to immigrants' rights organizations. Past and current projects include the first challenge to indefinite detention under the PATRIOT Act, a civil rights lawsuit alleging Fourth and Fourteenth Amendment challenges against state law enforcement involved in an arrest that led to deportation, litigation against ICE detention centers for conditions of confinement during the COVID-19 pandemic, challenges to due process in removal proceedings, representation of asylum seekers and human trafficking victims, and publication of the first guide to the immigration consequences of criminal convictions for criminal defense attorneys in Illinois. The seminar will meet for two hours per week and will include classes on the fundamentals of immigration law and policy as well as skills-based classes that connect to the students' fieldwork. Both 2L and 3L students are encouraged to apply. Students must enroll for either 2 or 3 credits each quarter and must enroll for all three quarters. Students will be evaluated on the fieldwork portion of course on the basis of whether they: • Fulfill professional obligations to clients • Work diligently and zealously towards accomplishing the clients' goals • Collaborate with team members and supervisor effectively • Show willingness to learn new skills and confront new legal problems • Show improvement in legal writing, oral advocacy, and other lawyering skills • Willingly incorporate feedback into your work • Use reflection to learn from clinic experiences • Display responsibility, collegiality, and professionalism • Meet internal and external deadlines • Attend class prepared to discuss readings and regularly participate in classroom discussions • Practice excellent file management and time-keeping.

Previously:

  • Spring 2022: A. Nicole Hallett
  • Winter 2022: A. Nicole Hallett
  • Autumn 2021: A. Nicole Hallett
  • Spring 2021: A. Nicole Hallett
  • Winter 2021: A. Nicole Hallett
  • Autumn 2020: A. Nicole Hallett
  • Spring 2020: A. Nicole Hallett
  • Winter 2020: A. Nicole Hallett

International Arbitration

The Immigrants' Rights Clinic provides legal representation to immigrant communities in Chicago, including individual representation of immigrants in removal proceedings, immigration-related complex federal litigation, and policy and community education projects on behalf of community-based organizations. Students will interview clients, develop claims and defenses, draft complaints, engage in motion practice and settlement discussions, appear in federal, state, and administrative courts, conduct oral arguments and trials, brief and argue appeals, and engage in media advocacy. In the policy and community education projects, students may develop and conduct community presentations, draft and advocate for legislation at the state and local levels, research and draft public policy reports, and provide support to immigrants' rights organizations. Past and current projects include the first challenge to indefinite detention under the PATRIOT Act, a civil rights lawsuit alleging Fourth and Fourteenth Amendment challenges against state law enforcement involved in an arrest that led to deportation, litigation against ICE detention centers for conditions of confinement during the COVID-19 pandemic, challenges to due process in removal proceedings, representation of asylum seekers and human trafficking victims, and publication of the first guide to the immigration consequences of criminal convictions for criminal defense attorneys in Illinois. The seminar will meet for two hours per week and will include classes on the fundamentals of immigration law and policy as well as skills-based classes that connect to the students' fieldwork. Both 2L and 3L students are encouraged to apply. Students must enroll for either 2 or 3 credits each quarter and must enroll for all three quarters. Students will be evaluated on the fieldwork portion of course on the basis of whether they: • Fulfill professional obligations to clients • Work diligently and zealously towards accomplishing the clients' goals • Collaborate with team members and supervisor effectively • Show willingness to learn new skills and confront new legal problems • Show improvement in legal writing, oral advocacy, and other lawyering skills • Willingly incorporate feedback into your work • Use reflection to learn from clinic experiences • Display responsibility, collegiality, and professionalism • Meet internal and external deadlines • Attend class prepared to discuss readings and regularly participate in classroom discussions • Practice excellent file management and time-keeping.

Previously:

  • Spring 2022: A. Nicole Hallett
  • Winter 2022: A. Nicole Hallett
  • Autumn 2021: A. Nicole Hallett
  • Spring 2021: A. Nicole Hallett
  • Winter 2021: A. Nicole Hallett
  • Autumn 2020: A. Nicole Hallett
  • Spring 2020: A. Nicole Hallett
  • Winter 2020: A. Nicole Hallett

International Business Transactions

This seminar provides a detailed review and analysis of a number of business transactions in a complex international setting. The documents underlying these transactions include: (i) an acquisition agreement, (ii) a joint venture agreement, (iii) an outsourcing agreement and (iv) a distribution agreement for the sale of goods. These documents will be reviewed in the context of these transactions, which involve business entities in several countries. Students will be asked to identify and address key legal issues. They will be asked to analyze, draft and revise key provisions of these agreements and determine whether the drafted provisions achieve the objectives sought. Students will also be asked to prepare one short paper and one longer paper addressing key legal issues underlying provisions of these agreements and the transactions involved. Students will be graded based upon (i) the quality of their preparation for and participation in the seminar (ii) their work product in connection with several drafting assignments and (iii) the quality of the short paper and longer paper addressing specific issues. There will not be a final examination. Participation may be considered in final grading.

Previously:

  • Spring 2021: Alan D'Ambrosio
  • Spring 2020: Alan D'Ambrosio
  • Spring 2019: Alan D'Ambrosio

International Human Rights

This course is an introduction to international human rights law, covering the major instruments and institutions that operate on the international plane. It includes discussion of the conceptual underpinnings of human rights, the structure of the United Nations System, the major international treaties, regional human rights machinery, and the interplay of national and international systems in enforcing human rights. There are no prerequisites. Grading will be on the basis of a take-home exam at the end of the quarter. Students who wish to write, in lieu of the exam, a paper sufficient to satisfy the substantial writing requirement, may do so upon approval of the topic in advance. This course now has a waitlist, email registrar@law.uchicago to get added to the waitlist.

Previously:

  • Winter 2022: Tom Ginsburg

International Humanitarian Law

This course is an introduction to international humanitarian law (IHL), otherwise known as the law of armed conflict. It will cover cover sources of IHL, including: the Hague and Geneva treaty regimes; jurisprudence of international and national courts; national legislation, especially in the United States; and the practice of both state militaries and non-state actors. The course will explore three fundamental tensions that structure recurring debates in IHL: between humanitarianism and war; between state and non-state forms of organized violence; and between the formal equality of sovereign states and the realities of an unequal international system. A series of research papers (20-25 pages) is required. Participation may be considered in final grading. Public International Law and International Human Rights Law are recommended, but not required.

Previously:

  • Winter 2021: Darryl Li
  • Winter 2019: Darryl Li

International Trade Law

This course focuses on the law governing international trade. It will specifically focus on the laws established by the World Trade Organization. This will include an in-depth analysis of the treaties, regulations, and case law that govern international trade. The course will both cover the basic principles governing trade law, as well as the trade laws governing intellectual property, environmental regulation, food safety, trade in services, and technical standards. The course will also examine the implication of the international trading regime for developing countries, and the political economy of trade negotiations. This class has a final exam.

Previously:

  • Winter 2021: Adam S. Chilton
  • Spring 2020: Adam S. Chilton
  • Spring 2019: Adam S. Chilton
  • Spring 2018: Adam S. Chilton

Islamic Law: Foundations and Contemporary Issues

Since its inception, Islamic Law has grown from a set of rules governing life in 6th century Arabia to a global body of law developed across time and place with application to religious, civil, criminal, constitutional, commercial, and international law. The primary objective of the seminar will be to give students a basic understanding of Islamic Law and the issues faced in applying Islamic Law in the modern context, including current political and social events globally that have roots in Islamic Law issues. The seminar will cover the origins and historical development of Islamic Law, Islamic legal theory, scope and application of Islamic Law, and selected current issues such as Islamic Finance. Modern constitutional law issues regarding sources of law, religious freedom, public interest, and related issues in Muslim majority countries will be reviewed as well as the debates around the application of Islamic Law for Muslim minorities living in secular states. This is a one semester seminar for 2L and 3L students. There are no pre-requisite courses required in Islam. Weekly readings will be assigned in English language source materials. A series of research papers is required (20-25 pages). Participation may be considered in final grading.The seminar will draw on the lecturer's extensive personal experience with the subject matter and knowledge of the legal systems of Muslim majority states such as Saudi Arabia, Turkey, UAE, Pakistan, Egypt, Malaysia, and elsewhere. Professor Kamran Bajwa studied classical Islamic Law and Islamic Theology at the Al-Azhar seminary in Cairo, Egypt. Professor Bajwa currently heads the Middle East regional practice for Kirkland & Ellis and travels regularly to the region.

Previously:

  • Autumn 2020: Kamran Bajwa
  • Autumn 2019: Kamran Bajwa
  • Autumn 2018: Kamran Bajwa
  • Autumn 2017: Kamran Bajwa

Law, Society and Human Rights in Afghanistan

This seminar will study the intersection between law, society and human rights in contemporary Afghanistan. It will begin with an introductory overview of Afghanistan's cultural landscape, ethno-religious diversity and modern history. Attention will then turn to tracing the genesis of the Afghan state, beginning with the emergence of modern Afghanistan in 1747, the stages of legal reform in the 1900s, and the trajectory of human rights developments. The seminar will spend a substantial amount of time on matters of current concerns, including the Taliban's first spell in power in the 1990s, legal developments over the past two decades (2001-2021), advances in human rights - particularly women's rights - and the legacies that these developments have left behind. Finally, the seminar will study the Taliban's recent return to power and how they approach the issues of law, society and human rights. Particular attention will be given to the Taliban's policies in human rights related matters and to discussing challenges that the Taliban may face as they try to impose these policies in a transformed Afghan society. The class will be of particular interest to students interested in Islamic law, development law, human rights law and comparative law. This class requires a series of reaction papers. Participation may be considered in final grading.

Previously:

  • Spring 2022: Shamshad Pasarlay

Legal Elements of Accounting

This mini-class introduces accounting from a mixed law and business perspective. It covers basic concepts and vocabulary of accounting, not so much to instill proficiency with the mechanics of debits and credits as to serve as a foundation from which to understand financial statements. The course then examines accounting from a legal perspective, including consideration of common accounting decisions with potential legal ramifications. It also analyzes throughout the reasons for and roles of financial accounting and auditing, as well as the incentives of various persons involved in producing, regulating, and consuming financial accounting information. The seminar will touch on some limitations of, and divergent results possible under, generally accepted accounting principles. Current cases, proposals, and controversies will be discussed. Attendance and participation will be very important. Grades will be based on a take-home assignment. Students with substantial prior exposure to accounting (such as students with an MBA, joint MBA/JD students, and undergraduate finance or accounting majors) may not take the course for credit. This class has a final take-home exam.

The instructor will provide parallel page referenced reading assignments in each of the 5th (2010,) 6th (2013) and 7th (2018) editions of the textbook, so students may purchase any of these editions.

Previously:

  • Winter 2022: John R. Sylla
  • Winter 2021: John R. Sylla
  • Winter 2020: John R. Sylla
  • Winter 2019: John R. Sylla
  • Winter 2018: John R. Sylla

Modern Indian Political and Legal Thought

India has made important contributions to political and legal thought, most of which are too little-known in the West. These contributions draw on ancient traditions, Hindu and Buddhist, but transform them, often radically, to fit the needs of an anti-imperial nation aspiring to inclusiveness and equality. We will study the thought of Rabindranath Tagore (Nationalism, The Religion of Man, selected literary works); Mohandas Gandhi (Hind Swaraj (Indian Self-Rule), Autobiography, and selected speeches); B. R. Ambedkar, the chief architect of the Indian Constitution (The Annihilation of Caste, The Buddha and his Dhamma, and selected speeches and interventions in the Constituent Assembly); and, most recently, Amartya Sen, whose The Idea of Justice is rooted, as he describes, both in ancient Indian traditions and in the thought of Tagore.

This is a seminar open to all law students, and to others by permission.

A major paper of 20-25 pages is required for this class.

Previously:

  • Winter 2022: Martha C. Nussbaum

Project Finance in Emerging Markets

This course will explore the principles of project finance and their application to projects in emerging markets, with a particular focus on Latin America. The class will include various case studies and will include the review of core contracts and a discussion of common legal issues that arise in the cross-border context. The method of evaluation is based on short presentations, short negotiating activities, anaylzing agreements, and written work (approx 15-20 pages).

Previously:

  • Spring 2022: Jaime E. Ramirez
  • Spring 2021: Jaime E. Ramirez

Public International Law

This course is an introduction to public international law, which is the body of law that nation states have jointly created for the purpose of governing their relations. The course focuses on the sources of international law, international institutions such as the United Nations, international adjudication, and various substantive fields of international law, such as the use of force, human rights, the treatment of aliens, and international environmental law. Grades will be based on a take-home examination, with marginal bonus for participation. A paper option is allowed for students who wish to write an SRP.

Previously:

  • Autumn 2021: Tom Ginsburg
  • Autumn 2020: Tom Ginsburg
  • Autumn 2019: Eric A. Posner
  • Autumn 2018: Eric A. Posner
  • Autumn 2018: Mary Ellen O'Connell
  • Autumn 2017: James Gathii

Religion, State and Multiculturalism

Religious minorities are seeking accommodations in a variety of forms: exemptions (kosher and halal regulations); recognition (representation quotas); assistance (subsidies, museums); self-government (schools, religious courts, territorial sovereignty) and more. Drawing on the rich experience of countries where such accommodations were granted, the course will inquire into the legitimacy and problems associated with such accommodations. In doing so, the course will draw on modern theories of multiculturalism and religion and state designs. Principal topics will include: Liberal multiculturalism, theory and practice; Group accommodations in a democracy; A survey of religious groups and illiberal practices; Traditional schemes of religious accommodations, with special reference to the Ottoman millet system; The reality of religious accommodations in Western democracies (United States, Canada, France, United Kingdom, Germany); The reality of religious accommodations in the Middle East, with special reference to Israel; the problem of minorities within minorities; essentialism, secularism in divided communities and reform movements. This class requires a major paper (20-25 pages).

Previously:

  • Spring 2022: Michael Karayanni

U.S. Taxation of International Transactions

This course provides a survey of the US tax treatment of both inbound (foreign investment in the US) and outbound (US investment abroad) transactions. Though the principal focus of the class is on the US tax rules, some attention is paid to the interaction between US and foreign tax systems through the operation of the tax credit and tax treaties. Introductory Income Tax is a recommended prerequisite. Students' grades will be based on a three-hour examination.

Previously:

  • Spring 2022: Julie Roin
  • Winter 2021: Julie Roin
  • Winter 2020: Julie Roin
  • Winter 2019: Julie Roin
  • Winter 2018: Julie Roin

World Bank Practicum

This practicum involves preparing memoranda on various issues for the Legal Department of the World Bank under the supervision of Professor Ginsburg. Students work in small teams to analyze an array of policy and legal issues. Past topics have ranged from an analysis of sovereign wealth, to lending in post-conflict zones, to a study of remedies. The course is limited to a small number of students each quarter. The course will involve teams of two students preparing a research memo. In class participation and memo quality are used to evaluate a student's grade.

Previously:

  • Spring 2021: Tom Ginsburg
  • Spring 2019: Tom Ginsburg
  • Autumn 2018: Tom Ginsburg
  • Spring 2018: Tom Ginsburg
  • Winter 2018: Tom Ginsburg
  • Autumn 2017: Tom Ginsburg