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 2021-22 and 2022-23 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

This course will consider the law governing the relation between non-tribal law and tribal law. This is the law of treaties, federal jurisdiction, and sovereignty. The Supreme Court has several cases on tribal issues each year, and with the rise of gaming and natural resources as major sources of wealth, the stakes in these cases for tribe members and non-members is increasing. Last year, the Supreme Court decided a case that suggests half of Oklahoma, including Tulsa, is actually "Indian Country," and subject, in part, to tribal law. The materials for the course will be mostly Supreme Court cases, as well as some historical materials necessary to understand the context of the judicial consideration of tribal jurisdiction. The flavor for this part of the course will be international law, although with a decidedly American approach.

This course will have a final exam. Participation may be considered in the final grading.

Previously:

  • Spring 2023: M. Todd Henderson
  • Spring 2022: M. Todd Henderson
  • Autumn 2019: M. Todd Henderson

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 (6000-7500 words) and class participation.

Previously:

  • Autumn 2022: William M Landes and Anthony Hirschel
  • 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 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 (6000-7500 words).

Participation may be considered in final grading.

Previously:

  • Autumn 2022: David Weisbach and Anup Malani
  • 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

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 2023: Hajin Kim and Joshua C. Macey
  • 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 pluri-national 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, ombudsoffices, 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. In lieu of taking the exam, there is an option to write a research paper (6000-7500 words) 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 2023: Thom Ginsburg
  • Spring 2022: Tom Ginsburg

Constitutions Lab: Myanmar

The coup d'état initiated by the Myanmar military in 2021 has created a horrific humanitarian situation. It has also brought a host of legal challenges, including: the question of who properly represents the country at the United Nations and other international fora; the status of existing peace agreements with armed resistance organizations; 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 short assignments that will inform constitution-making efforts under way for Myanmar. Group projects and memos will be the basis of evaluation. Participation may be considered in final grading. Enrollment is limited and by instructor approval only. Interested students should send a cv and statement of interest no later than noon on November 11 to Prof. Gelbort gelbort@uchicago.edu.

Previously:

  • Winter 2023: Jason Gelbort
  • Autumn 2021: Jason Gelbort, Tom Ginsburg

Corporate Governance in Emerging Markets

This seminar provides an overview of recent developments and scholarship relating to corporate governance, primarily from a "law and finance" perspective. It particularly emphasizes the context of developing and transitional economies and other jurisdictions without a long tradition of strong corporate and securities law and enforcement. Topics vary each year, but generally include an emphasis on the distinctive legal and governance issues raised by firms with controlling shareholders, the legal and institutional preconditions for stock market development, and the increasingly salient area of environmental, social and governance (ESG) issues, corporate social responsibility (CSR), and corporate purpose. While some background in areas such as corporate and securities law would be helpful, there is no formal prerequisite for the seminar. Some readings from the "law and finance" literature will be interdisciplinary in approach, and some undertake statistical analysis. However, no background in finance or statistics will be assumed. Rather, the emphasis will be on understanding the implications of the readings for law and policy. Final grade will be based on a major paper (6000-7500 words).

Participation may be considered in final grading.

Previously:

  • Spring 2023: Dhammika Dharmapala

Counterintelligence and Covert Action - Legal and Policy Issues

This seminar first explores legal issues relating to covert action, defined as action intended to influence political, economic, or military conditions in another nation or territory without revealing the involvement of the sponsor government. Case studies focus on the events collectively known as the "Iran-Contra" affair, applications in the "War on Terror," cyberwarfare, and other recent and historical events. Other themes include balancing security and liberty, promoting transparency and accountability with efficacy, statutory interpretation and executive power, and the implications of technological change on all of the above. The seminar next focuses on the legal framework for counterintelligence-neutralizing and/or exploiting 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 considers both legal and policy issues raised in efforts to prevent adversarial espionage action targeting US military, diplomatic, and economic interests at home and abroad. Throughout the course, students will be asked (in groups and individually) to step into the shoes of various government legal advisers and policymakers and to consider-and advocate for or against as they switch roles and institutions-courses of action based upon the readings and hypothetical scenarios. Students will learn the key separation of powers principles and issues relating to covert action and counterintelligence, the basic statutory and constitutional framework governing the these areas, and how to think about these issues from the institutional perspective of executive branch officials and members of Congress. Grades are based upon a final paper (6000-7500 words), occasional short response papers, and reasonable class participation.

Constitutional Law I is strongly recommended prior to taking the seminar, but not required.

Previously:

  • Autumn 2022: Stephen Cowen and Tony Garcia
  • Spring 2022: Stephen Cowen

Criminal Justice and Human Rights in China

The legal and political system in the People's Republic of China increasingly impacts the international stage. This course will explore the major issues of China's criminal justice and human rights, including constitutional rights and freedoms, policing, lawyering, trial, torture, the death penalty, ethnicities (Uyghurs, Tibetans, Hong Kong), civil society and human rights movement, China's role in international human rights, and what these problems matter to a potential political change. There will be a series of short research papers (6000-7500 words). Participation may be considered in the final grading.

Previously:

  • Spring 2023: Teng Biao and Johanna Ransmeier

Cross-Border Transactions: Law, Strategy & Negotiations

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 2022: Tarek Sultani

Cross-Border Transactions: Lending

The worlds of corporate finance and secured transactions reform interact to make cross-border lending a dynamic, cutting-edge field of law. Due to the rapid globalization of U.S. business, U.S. banks and other lenders are increasingly asked to finance the international business activities of U.S. middle-market companies, often in countries with laws that differ greatly from U.S. secured transactions laws. At the same time, the United Nations Commission on International Trade Law (UNCITRAL), the World Bank and other international organizations are actively encouraging developing countries, where access to capital often is limited, to modernize their secured transactions laws to make low-cost secured credit available to small and medium-sized enterprises, thereby creating jobs, raising standards of living and contributing to a country's overall economic growth and political stability. This seminar explores both worlds. Students will examine the broad array of legal and practical issues encountered by U.S. lenders as they make loans to foreign companies, obtain security interests in foreign collateral and finance foreign corporate acquisitions. They will also study recent initiatives in secured transactions reform, and consider how these initiatives exert a profound influence on cross-border corporate finance in developed as well as developing countries. The seminar is taught by Richard Kohn and William Starshak, both partners in the Chicago law firm Goldberg Kohn Ltd., who specialize in representing institutional lenders in structuring and documenting complex cross-border loans. Both also have been active in secured transactions reform with UNCITRAL and other international organizations. Because cross-border lending touches upon many areas of law, the seminar provides a useful introduction to international commercial transactions in general.

This class has a final exam and a required series of research papers. Participation may be considered in final grading.

Previously:

  • Winter 2023: Richard Kohn and William Starshak
  • Autumn 2021: Tarek Sultani

Current Issues in Criminal and National Security Law

This seminar covers a series of issues in national security and foreign relations law, with a focus on historical and constitutional foundations, the roles of courts, war power and uses of force (including targeted killings), covert action, military detention of alleged terrorists, military commissions, and select issues of international law. 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 (6000-7500 words), including a majority and dissent) on a select issue in national security and foreign relations law. Guest speakers may be invited to help facilitate discussion on certain topics. Participation may be considered in final grading.

Criminal law is prerequisite.

Previously:

  • Winter 2023: Michael Y Scudder
  • 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

The Energy Transactions Seminar exposes students to current issues facing energy transactions practitioners. Topics covered include wind, solar, and pipeline project development, domestic and international upstream oil and gas, facilities procurement/construction, the natural resources curse, energy finance, and energy litigation/arbitration trends. The Energy Transactions Seminar also includes the West Africa exploration bid round simulation, in which teams bid on petroleum licenses in West Africa, engage in a multilateral negotiation with other teams to acquire and divest license interests, and then drill wells by rolling dice to determine which of the 50 petroleum prospects are discoveries.

The student's grade will be based upon in-class participation (15%), negotiation effectiveness and performance in the simulation (25%), and a final paper (60%).

Previously:

  • Spring 2023: Asheesh Goel, Kim Nemirow, and Nicholas Niles
  • Spring 2022: Asheesh Goel, Kim Nemirow, and Nicholas Niles
  • Spring 2020: Asheesh Goel, Kim Nemirow, and Nicholas Niles
  • Spring 2019: Asheesh Goel

Environmental and Energy Justice

This seminar will examine environmental and energy laws and policies from the perspectives of distributive, procedural, corrective, and social justice. After reviewing causal theories, risk and public health considerations, and constitutional and civil rights claims, the course will turn toward a review of how environmental standard-setting, permitting, and enforcement affect communities, with a particular focus on low-income communities and people of color. The seminar will also cover the emerging field of energy justice, which examines how the burdens and benefits of the energy system impact different communities. Each student will be expected to help lead at least one seminar session, and assessment will be based on class participation and a final paper (6000-7500 words)

Previously:

  • Winter 2023: Mark N Templeton

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 (6000-7500 words), but a final examination will also be offered as an option.

Previously:

  • Spring 2023: R. H Helmholz
  • 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.

Previously:

  • Spring 2023: Curtis Bradley
  • Spring 2022: Curtis Bradley

Global Human Rights Clinic

The Global Human Rights Clinic (GHRC) works alongside partners and communities to advance justice and address the inequalities and structural disparities that lead to human rights violations worldwide. The clinic uses diverse tactics and interdisciplinary methods to tackle pressing and under addressed human rights issues. 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, strategic thinking, teamwork, and leadership. The clinic uses a broad range of tactics, including documentation, reporting and mixed methods fact-finding; legislative and institutional reform; investigations; and litigation. GHRC has a broad range of partners and clients, including the United Nations, international tribunals, as well as community-based organizations and national civil society. In 2022-23, likely projects will include international criminal justice investigations of war crimes and mass atrocities; advancing international norms and laws pertaining to unlawful executions; advancing the rights of migrants and refugees; and promoting women's rights and gender equality. 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. Students who have particular language skills, especially Spanish or French, are highly encouraged to participate. Recommended (not required) co-requisites: Public International Law; International Human Rights Law.

Previously:

  • Spring 2023: Anjli Parrin
  • Winter 2023: Anjli Parrin
  • Autumn 2022: Anjli Parrin
  • 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 $66,000 and in Europe it is around $38,500, while in India it is $6,400 and in Congo, it is $1,100. 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 (6000-7500 words), which may qualify for substantial writing credit. Non-law students need instructor consent to enroll. Participation may be considered in final grading. This class will begin the week of January 2, 2023.

Previously:

  • Winter 2023: Martha C. Nussbaum and David Weisbach
  • Winter 2021: Martha C. Nussbaum and David Weisbach
  • Winter 2019: Martha C. Nussbaum and David Weisbach

>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:

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. This class requires a major paper of 6000-7500 words.

Participation may be considered in final grading.

Previously:

  • Winter 2023: Virginia Kendall
  • 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 challenges to national security detention, a civil rights lawsuit alleging Fourth and Fourteenth Amendment challenges against state law enforcement involved in an arrest that led to deportation, Seventh Circuit appeals of removal orders, representation of asylum seekers and human trafficking victims, suing local police departments for failure to comply with immigration-related Illinois state laws, representing Afghans left behind after the U.S. withdrawal from Afghanistan, 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. 2Ls must enroll for 2 credits per quarter. 3Ls can enroll for 2 or 3 credits per quarter. Students are encouraged (but not required) to co-enroll in Immigration Law in the fall.

Previously:

  • Spring 2023: A. Nicole Hallett
  • Winter 2023: A. Nicole Hallett
  • Autumn 2022: A. Nicole Hallett
  • 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

This seminar provides a basic foundation in the law and mechanics of international commercial arbitration and international investment treaty arbitration. It will give students an understanding of the substantive and strategic issues that frequently confront international arbitration practitioners. The Seminar covers, among other things, the crafting of international arbitration agreements, the relative advantages and disadvantages of ad hoc UNCITRAL-Rules arbitration and institutional arbitration (e.g., ICC, LCIA, ICDR, ICSID). The seminar also addresses the rules of procedure that commonly govern international arbitration, including procedural issues that commonly arise in international arbitration, including the availability and extent of discovery, pre-hearing procedure, the presentation of evidence, and the enforcement of international arbitral awards. The Seminar also will cover the fundamentals of international investment arbitration, including the jurisdictional issues that commonly arise in investor-state arbitration and the types of treaty claims that are commonly asserted under international law. While there will be a fair amount of traditional lecture, the format of the Seminar will depend heavily upon active student participation, including a mock arbitration exercise. Students will be graded based upon the quality of their preparation for and participation in the Seminar, as well as the quality of a final paper (6000-7500 words). This Seminar will satisfy part of the lesser of the school's two writing requirements, if substantial research and written work is completed.

Students may access the 6th edition of Redfern and Hunter on International Arbitration via: https://www-kluwerarbitration-com.proxy.uchicago.edu/book-toc?title=Red…).

The required textbook for the class is the 7th edition. The ebook version of the 7th edition will be released by the publisher on Oct. 12. The hard copy will be released on Oct. 27.

Previously:

  • Autumn 2022: Javier Rubinstein
  • Autumn 2021: Javier Rubinstein
  • Winter 2021: Javier Rubinstein
  • Autumn 2019: Javier Rubenstein
  • Autumn 2018: Javier Rubinstein
  • Autumn 2017: Javier Rubinstein

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.

Previously:

  • Autumn 2022: Alan D'ambrosio
  • Spring 2021: Alan D'Ambrosio
  • Spring 2020: Alan D'Ambrosio
  • Spring 2019: Alan D'Ambrosio

International Criminal Law

For a legal field that has developed relatively recently, the expectations placed upon international criminal law and its application are both solemn and significant, while seeming to grow yet weightier with each passing year. This seminar will explore the contours of this field through an examination of the structural aspects underpinning international criminal law as practiced today, with particular focus on the substantive legal considerations governing responsibility for the most serious crimes of concern to the international community. The class will be conducted remotely from The Hague.

This seminar will have a final exam.

Prerequisite: Public International Law (recommended but not required).

Previously:

  • Autumn 2022: Christopher Lentz

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

Islamic Law

This seminar provides an introduction to the sources of Islamic law, its evolution over the centuries and its application in real-world cases. Although the focus of the seminar will be largely on the classical tradition, it will also introduce students to a variety of contemporary approaches to Islamic legal reasoning that guide the lives of Muslims today. Using a combination of historical and doctrinal approaches, the seminar will explore how Muslims over time have tried to understand God's commands laid down in the scriptures and how they have constructed from the rich sources of ethical speculations in Islam, bodies of positive, statutory law that reflect Islamic values. A significant part of the seminar will consist of several cases of the application of Islamic law in the contemporary Muslim world. We will cover case studies from Afghanistan, Egypt, Pakistan, Indonesia and several other Muslim majority countries to highlight the continuous evolution of Islamic law and to underscore the diversity of interpretive approaches to Islamic legal reasoning that has created a diverse body of sacred rules. The goal of the seminar is to introduce students to the nature, scope and functions of Islamic law in the classical and contemporary contexts and to present a framework for understanding the institutional arrangements that apply existing Islamic law in the modern world and make fresh rulings in areas where Islamic law provides no guidance.

This seminar will require a series of short research papers. Participation may be considered in the final grading.

Previously:

  • Autumn 2022: Shamshad Pasarlay
  • 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 exam. 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 seminar will have a final exam. This is a short class that meets January 9-13 and 17-20.

Previously:

  • Winter 2023: John R. Sylla,
  • 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 emerging markets and Latin America. The class will include various case studies and will include the review of key credit agreement principles 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 4500-6000 words).

Previously:

  • Spring 2023: Jaime E. Ramirez
  • Spring 2022: Jaime E. Ramirez
  • Spring 2021: Jaime E. Ramirez

Public International Law

International law is the system of rules, principles and procedures that regulate activity at the inter-state level. The system plays a critical role in contemporary life, effecting issues of war and peace, the global economy, human rights, and the natural environment. International law is a complete system of law, distinctive from national legal systems. The main objective of the course is to provide a comprehensive overview of the system by introducing how international law is made, applied, and enforced. The course will also introduce the four major subfields. Additional objectives include:

• Learning about the nature and purpose of international law by comparing international law to other legal systems and by reviewing various theories of law;

• Understanding the relationship between the general principles and processes that characterize the system as a whole and the subfields of war/peace, economy, human rights, and environment;

• Understanding the strengths and weaknesses of the systems as well as creatively considering how to enhance the effectiveness of the international legal system; and

• Preparing for the practice of international law.

This seminar will have a final exam. Participation may considered in the final grading.

The required textbook for the class is the 8th edition of "The International Legal System," by O'Connell which will be released in early October. The instructor will supply readings from the 7th edition until the 8th edition is available.

Previously:

  • Autumn 2022: Mary OConnell
  • 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, but not required. Students' grades will be based on a three-hour examination.

Previously:

  • Winter 2023: Julie Roin
  • Spring 2022: Julie Roin
  • Winter 2021: Julie Roin
  • Winter 2020: Julie Roin
  • Winter 2019: Julie Roin
  • Winter 2018: Julie Roin