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Academy Courses

The following courses and instructions applied to the 2005 Academy and are subject to change for 2006.

ALTERNATIVE DISPUTE RESOLUTION

The fundamentals of international commercial arbitration, including the reasons for its growth as a preferred method of international business dispute resolution; arbitration agreements and their enforcement; the arbitral process; a survey of arbitration centers and systems; the enforcement of arbitral awards; the relevance of international treaties, particularly the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards.

AMERICAN PRODUCTS LIABILITY LAW...................Dean Powers

The elements and defenses to a products liability claim; difference between products liability law and contractual warranties; punitive damages; personal jurisdiction; venue and forum non conveniens.

AN INTRODUCTION TO THE U.S. LEGAL SYSTEM............Susan Karamanian

An Introduction to the U.S. Legal System: This course examines the pillars of the U.S. legal system with a special focus on the Constitution, the role of and the relationship between the federal courts and state courts, federalism, and the common law. The structure of the U.S. legal system and the role of the system’s various actors are identified and analyzed. Consideration is also given to legal reasoning and the manner in which U.S. courts apply legal precedent.

BANKING LAW .....................................................Prof. Norton

Overview of the evolvement of the New International Financial Architecture in light of on-going globalization of financial markets, financial crisis and terrorism. Both policy and practical impacts will be explored.

BANKRUPTCY LAW ..............................................Prof. Winship

BUSINESS ORGANIZATIONS ...................................Prof. Siegel

Major forms of business organizations, including multinational enterprises, their advantages and disadvantages, tax implications, general procedures for formation, financing, control, operation, and dissolution; overview of laws regulating business enterprises, including state, federal, and international regulatory agencies; securities regulation; stock markets and trading.

COMMERCIAL AND CONSUMER .............................Prof. Winship

Major aspects of the commercial and consumer law of the United States, with particular attention to the law of sales and leasing of goods, negotiable instruments, funds transfers, letters of credit, and secured transactions as governed by the Uniform Commercial Code and relevant federal legislation. Attention will also be given to the law applicable to transnational commercial transactions.

CONTRACT LAW .....................................................Prof. Gray

Introduction to the case and statute law of contract in the United States, including some comparison with doctrinal concepts and classifications in civil law countries; discussion of the relationship of contract and tort law in areas such as products liability, and survey of basic problems of drafting contracts in a foreign legal language.

INTELLECTUAL PROPERTY.................................... Prof. Leaffer

Consideration of origin and acquisition of patent, trademark, copyright, and trade secret rights and enforcement of such rights in the United States, as well as a comparison of such rights in other jurisdictions.

INTELLECTUAL BUSINESS TRANSACTIONS............ Prof. Winship

An examination of the principal forms of transacting international business, including international sales contracts, distributorships and representation agreements, technology transfers, direct foreign investments, and joint ventures. The course will consider the international, national, and contractual legal aspects of each type of transaction, including such matters as relevant treaties, applicable national laws and regulations, international payment methods, currency clauses, dispute settlement, sovereign immunity, and options for structuring the transactions themselves.

INTERNATIONAL LITIGATION IN U.S. COURTS.............................Prof. Zamora and Ms. Ryan Robertson

The course will provide a general introduction to conflicts of law principles (private international law) followed by U.S. courts, including discussion of the following subjects: jurisdiction to prescribe applicable law; jurisdiction to adjudicate jurisdiction over the subject matter and over the parties judicial abstention doctrines, such as forum non conveniens and the Act of State Doctrine; application of the Foreign Sovereign Immunities Act; recognition of foreign judgments; and the application in the United States of international conventions on service of process and on the taking of evidence abroad.

INTERNATIONAL TAX LAW ...............................Prof. Gustafson

The profits from transactions involving international trade and investment are almost always subject to potential income taxation by at least two countries. While everyone does not have the time and inclination to become a tax specialist, no one involved in the negotiation, structuring or implementation of international transactions can afford to be unaware of at least the principal considerations that attend the taxation of those transactions. This course will provide a basic introduction to the methods used by the United States and other governments to tax the income of international transactions (trade, investment and labor), consider the economic and political implications of different approaches to international taxation and explore some of the techniques that have been developed to mitigate tax burdens on income derived from such transactions.

LAW OF ELECTRONIC COMMERCE ............................Prof. Winn

Legal Fundamentals of borderless E-Commerce; online contract formation — business and consumer perspectives; electronic payment systems; jurisdiction, choice of law and conflicts; privacy; operating a commercial Website — domain names, hosting and content licensing agreements; electronic records and evidence.

LEGAL ACCOUNTING .............................................Prof. Siegel

PROFESSIONAL RESPONSIBILITY ............................Mr. Doleac

The course will provide a general introduction to the role of a lawyer in the United States adversarial legal system through ethical codes and professional values. Participants will be asked to identify possible counterpart ethical codes and professional values in their own countries. The course will explore ethical principles and professional values for international lawyers.

STOCK MARKETS, TRADING AND
SECURITY REGULATIONS ....Prof. Siegel


THE RULE OF LAW ............................................Dean Attanasio

An examination of the history, nature and elements of the rule of law and its relationship to democratic forms of government and market economies; the social and political conditions necessary for the rule of law and the problems faced by countries in establishing and enforcing it.

U.S. CONSTITUTIONAL LAW...............................Dean Attanasio

The doctrine of constitutional supremacy and judicial review; the doctrine of separation of powers, including discussion of the organization, functioning, and powers of the three branches of the federal government; relationships between federal and state governments; interstate commerce; due process of law; substantive civil and political rights.

FACULTY


JOHN B. ATTANASIO
is Dean and the William Hawley Atwell Professor of Constitutional Law at Southern Methodist University’s Dedman School of Law. A former dean of the St. Louis University School of Law, he has also taught at the University of Pittsburgh School of Law and Notre Dame Law School. At Notre Dame, Dean Attanasio served as the John M. Regan, Jr. Director for the Joan B. Kroc Institute for International Peace Studies. A 1990 Fulbright Award recipient, Dean Attanasio delivered lectures on American constitutional law in Moscow and throughout the former Soviet Union. He has advised various legislative and judicial officials in the emerging democracies of Bulgaria, the former Czechoslovakia, Russia, Estonia, Hungary and South Africa. He is the coauthor of both Constitutional Law and Understanding Constitutional Law. Dean Attanasio received a diploma in law from the University of Oxford and an LLM from Yale University.

CHARLES B. DOLEAC is a partner in the Portsmouth, New Hampshire law firm of Boynton, Waldron, Doleac, Woodman & Scott, and a court-appointed mediator for the New Hampshire Superior Courts. A graduate of the University of New Hampshire and New York University Law School, he is a past recipient of a National Endowment of the Humanities Professions Fellowship to study the role of the legal profession. Mr. Doleac has served for many years as a moderator and developer of programs at the Aspen Institute. He is certified by the Josephson Institute's applied ethics program, and has developed and moderated applied ethics programs for lawyers, court-appointed mediators, and law enforcement professionals in the United States and Canada.

JUDGE DAVID EVANS is Judge of the 193rd Judicial District Court, Dallas County, Texas. He is a member of the Curriculum Committee for the Texas Center for the Judiciary and has served as an Instructor at the Texas College for Judicial Studies. He received his law degree from Southern Methodist University, where he was Editor-in-Chief of the Journal of Air Law & Commerce. Judge Evans has served as an Adjunct Instructor in Law at the Trial Techniques Program at Emory University Law School and was formerly associated with the Dallas, Texas law firm of Haynes and Boone.

WHITMORE GRAY is Emeritus Professor of Law at the University of Michigan Law School in Ann Arbor, Michigan, Visiting Professor of Law at Fordham University School of Law in New York and serves as a consultant on international contract and arbitration matters. Professor Gray is a former Editor-in-Chief of the Michigan Law Review (1956-1957), and has been a Visiting Professor at Stanford, Muenster, Tubingen, Kyoto, Mexico City, Tokyo and Changchun, China. He has been a member of the Board of Editors of Soviet Law and Government and the South African Journal of Comparative Law, and is a full member of the International Academy of Comparative Law. Professor Gray has been Vice President of the American Foreign Law Association and has served as a consultant for commercial contract law or for arbitration and dispute resolution in several instances: Argentina (for The World Bank) in 1994; Cambodia for the American Bar Association) in 1994; Thailand (for the Ministry of Justice) since 1991; and Indonesia (for ELIPS), 1994-1996.

CHARLES H. GUSTAFSON
is Professor of Law and Associate Dean for International and Graduate Programs at the Georgetown University Law Center in Washington, D.C. He teaches in various areas of public international law, international trade and investment and federal taxation. He is a co-author of several casebooks on federal income taxation, including Taxation of International Transactions (West, 1997), as well as articles on issues of international law and/or taxation. He has practiced with law firms in New York and Washington, served in the Office of the Legal Adviser to the Department of State and lectured at universities on every continent. He spent several years as a member of the Faculty of Law at Ahmadu Bello University in Nigeria. He has also served as consultant to various United States Government agencies and to several international organizations and as an arbitrator in commercial and investment disputes. He received his B.S. degree from the University of Buffalo and his J.D. degree from the University of Chicago.

SUSAN KARAMANIAN is Associate Dean for International and Comparative Legal Studies and Professorial Lecturer in Law at the George Washington University Law School in Washington, DC. Dean Karamanian joined the Law School in 2000 after a 14-year career at Locke Liddell & Sapp LLP in Dallas, Texas. Dean Karamanian obtained a B.S. from Auburn University, a B.A. from Oxford University and a J.D. from the University of Texas School of Law. While in private practice, Dean Karamanian represented foreign and domestic clients in a variety of commercial disputes. She also maintained an active pro bono docket, in which she represented inmates on Texas death row in their post-conviction appeals. Dean Karamanian was vice president of the American Society of International Law from 1996-1998 and continues to serve as a counselor and member of the advisory committee. She is a member of various boards and committees including the board of the Association of American Rhodes Scholars and a fellow of the American Bar Foundation and the Texas Bar Foundation.

MARSHALL LEAFFER is Distinguished Scholar in Intellectual Property Law and University Fellow at the Indiana University School of Law. He received his undergraduate degree from the University of Texas, a master’s degree from the University of Illinois, a law degree from the University of Texas, and a masters of law from New York University. The author of the best-selling treatise Understanding Copyright Law, Professor Leaffer has served as an attorney in the U.S. Patent and Trademark Office. He has also been a professor at the University of Toledo College of Law, serving there as the Andersen-Fornoff Professor of Law and Values.

JOSEPH NORTON is the James L. Walsh Distinguished Faculty Fellow in Financial Institutions Law, and Professor of Law at the Southern Methodist University Dedman School of Law and is also the Sir John Lubbock Professor of Banking Law at the Centre for Commercial Law Studies at the University of London. He was Editor-in-Chief of The International Lawyer for 12 years, and is currently Editor-in-Chief of Law and Business Review of the Americas. A senior research fellow at the Institute of European Finance (U.K.), he also is a regular visiting professor of law at the University of Munster, Germany, at the University of Stockholm, Sweden, and holds a Visiting University Chair in Law at Rand Afrikaans University, South Africa. Professor Norton is the executive director of the London Institute of International Banking, Finance and Development Law. A widely published author, he has published (as author or editor) over 35 treatises and more than 100 pieces on domestic and international business and banking matters.

WILLIAM C. POWERS, JR. is the Dean of the University of Texas School of Law in Austin and is also the Hines H. Baker and Thelma Kelley Baker Chair in Law. Dean Powers has taught courses in torts, products liability, conflict of laws, jurisprudence and contracts and civil procedure. He is a graduate of Harvard Law School (magna cum laude) and was Editor of the Harvard Law Review. He was a law clerk to Judge Eugene Wright, U.S. Court of Appeals (Ninth Circuit); Reporter, Restatement of Torts (Third) — Apportionment of Liability. Dean Powers is coauthor of Cases and Materials on Products Liability (Third Edition, West Publishing Company, 2001); and Cases and Materials on Torts (West Publishing Company, 1989), and he is the author of Texas Products Liability Law (Second Edition, Butterworth Company, 1993). He is also currently Reporter, Restatement of Torts (Third) -General Principles. Dean Powers is a Fellow of the American Bar Foundation and the Texas Bar Foundation and a member of the American Law Institute, the Texas Supreme Court Discovery Task Force, and the Editorial Board of the Journal of Products and Toxics Liability. He has been the director of the University of Texas Law School Products Liability and Personal Injury Law Conference.

ANN RYAN ROBERTSON is a practicing lawyer in Houston, Texas and a former partner in the law firm of Winstead, Sechrest & Minick, P.C. She has twenty years of experience in complex disputes and has training and experience in the field of international arbitration. Ms. Robertson is a former Chair of the Federal Practice Section of the Houston Bar Association and is graduate of the University of Houston Law Center.

STANLEY SIEGEL is a Professor of Law at the New York University Law School and at Central European University in Budapest, Hungary. He has a B.S. degree (summa cum laude) from New York University and a J.D. degree (magna cum laude) from Harvard Law School. A Certified Public Accountant, he is also a member of the American Institute of Certified Public Accountants. Professor Siegel has taught at the University of Michigan Law School, practiced in the law firm of Honigman Miller Schwartz & Cohn; and served as Professor of Law at the UCLA Law School. He has been a Visiting Professor of Law at Stanford University Law School, and at the University of Konstanz Law School in Konstanz, Germany. He has served as a member of the Board and Treasurer of the Center for Computer Assisted Legal Instruction, and as a member of LEXIS-NEXIS Electronic Publishing Advisory Board. He was draftsman of the Michigan Business Corporation Act; and co-draftsman of the United States Postal Reorganization Act. Professor Siegel is co-author of Swiss Company Law (Kluwer, 2d ed. 1996) and Enterprise Organization (Foundation Press 4th ed. 1988).

JANE KAUFMAN WINN
is Director of the Shidler Center for Law, Commerce and Technology at the University of Washington School of Law. She attended Queen Mary College of the University of London, where she read economics, and Harvard Law School. Before joining the faculty of SMU’s School of Law, Professor Winn practiced with the New York City firm of Shearman & Sterling. Professor Winn is co-director of the SMU’s School of Law Center for Pacific Rim Legal Studies and is associate editor of The International Lawyer, a publication of the American Bar Association's Section of International Law and Practice. A board member of Computer Assisted Legal Instruction, she is the author of the treatise The Law of Electronic Commerce (4th edition, 2001), published by Aspen Publishers. Copies of her articles on Electronic Commerce Law are available from her website at www.smu.edu/~jwinn.

PETER WINSHIP is the James Cleo Thompson Sr. Trustee Professor of Law at Southern Methodist University’s Dedman School of Law in Dallas. He is a former Visiting Professor at Rome, Konstanz, Connecticut, Miami, Pennsylvania, Berkeley, U.C.L.A., and Texas. He received his A.B. and LL.B. degrees from Harvard and his LL.M. degree from the London School of Economics. He is a member of the American Law Institute and the [U.S.] Secretary of State's Advisory Committee on Private International Law. Professor Winship has been a National Correspondent for the United Nations Commission for International Trade Law and Correspondent for the International Institute for the Unification of Private Law, Rome [UNIDROIT]. He is also a member of the Board of Editors of the American Journal of Comparative Law. Professor Winship is a Consultant of the World Bank; has been affiliated with the Commercial Law Development Project, U.S. Department of Commerce; and is a former legal adviser to the Ethiopian Ministry of Commerce & Industry.

STEPHEN ZAMORA is Professor of Law and former Dean at the University of Houston Law Center. He received his B.A. degree in Political Science from Stanford University and his J.D. degree from the University of California at Berkeley. He served as Chief Articles Editor for the California Law Review. Professor Zamora is a member of the California and District of Columbia Bar Associations and was in private practice in Washington D.C. He has served as an attorney for The World Bank and has been a Senior Fulbright Lecturer at the Universidad Nacional Autonoma de Mexico. He is a member of the American Society of International Law (ASIL) and served as chair of its International Economic Law Interest Group. He is a member of the Board of Editors of the American Journal of Comparative Law; and General Editor of Basic Documents of International Economic Law. Professor Zamora is the author of numerous articles on international economic law, international banking and international monetary law.


 
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