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.