The Catholic University of America

Comparative and International Law

Comparative and International Trade (Day, 3 hrs.; Eve., 2 hrs.)  This course examines the major issues of international trade and its regulation at the national and international level. The focus is on the U.S. trade laws, including the tariff system and customs laws, the safeguard provisions, antidumping and countervailing duty remedies, and retaliatory measures. Attendant issues such as the distribution of powers to regulate international trade, the delegation doctrine, and judicial review of regulating agencies are also examined. The international regulatory framework—principally, the General Agreement on Tariffs and Trade and the World Trade Organization — are examined in some detail, with a focus on the fundamental rule of nondiscrimination, the resolution of disputes through the dispute settlement system, and the relationship between international agreements and the United States law. Finally, the course also examines specialized topics including free trade areas and customs unions, treatment of nonmarket/transitional economies, developing countries, and international trade in service. Dr. Chorosnicki, Dr. Ludwikowski.

Comparative Asian Legal Systems (2 hrs.) - This is an examination course, although an option exists, per Professor Simon's approval, to complete a directed research style paper for writing credit. 
This course covers basic issues of law, using a comparative approach. The course will enable students who expect to practice law with a comparative perspective to learn more about Asian legal systems while they are in law school.  It is also a qualifying elective for students who expect to earn the CILI certificate. Subjects covered may vary depending on the interests of the students who take the course.  There is also one class assigned to special topics, which will cover items of special interest to members of the class, including brief paper presentations (if any DRs are written).  Subjects covered include: Legal Traditions; Systems of Legal Education; Constitutional Law; Human Rights Issues; Criminal Procedure Law; Business Law; Family Law; and Property Law.  Materials include legal texts, cases, and descriptive materials such as law review articles and reports.  Ms. Simon.

Comparative Constitutional Law (3 hrs.) — req.QP
This is both a comparative law course and an advanced constitutional law course. It focuses on the functions, characteristics, and mechanisms of national constitutions and constitutional systems. The constitutions selected for study may include those of France, Germany, England (the “unwritten” constitution), Japan, Russia, and South Africa. In addition, special emphasis will be placed on the new constitutions of the Eastern and Central European countries. Comparisons will continually be made to the United States Constitution. Topics to be addressed in comparative perspective may include: judicial review and constitutional courts, the division and distribution of powers, authority to regulate domestic and international trade, emergency powers, immigration and citizenship, personal mobility (right to travel), the status and rights of racial, ethnic, and religious minorities. Attention will also be given to the concept of constitutionalism; and to the process of constitution making (or “constitutional engineering”) by which national constitutions are adopted, amended, and implemented. Limited enrollment. This course requires a qualifying course paper. Ms. Fischer, Mr. Kaplin, Dr. Ludwikowski.

Comparative European Legal History: Roman Law and the Ius commune This course surveys European legal history from Roman law to the Renaissance of Roman as part of the Ius commune in the eleventh and twelfth centuries. The purpose of the course is to introduce the two of the great legal traditions of the Western European tradition: Roman law and the Ius commune. The course will begin with an examination of Justinian’s Corpus iuris civilis in the sixth century AD. It will explore the main areas of Roman family law, torts, contracts, property law. After establishing the broad outline of Roman legal concepts, the course will explore the revival of Roman law in Italy at the end of the eleventh century and its adoption by the law schools of Europe, and its integration into the Ius commune. This part of the course will describe how the jurists of the twelfth to the eighteenth centuries used principles, norms, categories, and concepts of Roman law and applied them to every European legal system. A fuller description of this course, as well as the syllabus and reading materials can be found online. Dr. Pennington.

Comparative Foundations of Modern Law Comparative International Tax (2 hrs.) — E This course builds on what students have learned in Federal Income Tax and introduces a conceptual approach to the different tax systems in use around the world. Viewing the way in which countries raise revenue as an important part of their overall internal and external economic affairs, the course discusses important tax policy goals — fairness, efficiency, and simplicity. It places these goals in the context of such frequently used tax bases as wealth, income, and property. It also looks at systems of social security taxation, value added taxes, and the international aspects of individual income taxation. It focuses as well on procedural topics such as the tax legislative process and statutory drafting. Students who are interested in tax and in international economic affairs are encouraged to enroll. Federal Income Taxation is a pre- or corequisite. Ms. Simon.

Comparative Law (3 hrs.) The purpose of this course is to provide the student with knowledge about the basic legal systems in the world. Special emphasis will be given throughout the course to legal systems in Great Britain, France, Germany, and the countries of the former Soviet bloc. The course begins with discussion of legal education and the legal professions in these countries. The basic principles of British, French, and German constitutional law are studied to provide the political background necessary to compare these legal systems. The course also examines judicial structures and court organization as well as key principles of criminal and civil procedures. Dr. Ludwikowski, Ms. Simon, Mr. Watson.

Conflict of Laws (3 hrs.) The course will introduce students to the problems arising when clients are confronted with private law matters having multistate or multinational elements. The course will thus emphasize the traditional concerns of conflicts of law, jurisdiction of courts, choice of law, and the recognition and enforcement of judgments. Mr. Destro, Mr. Goldman, Mr. Perez, Mr. Rohner.

Directed Research (2 hrs.) This course offers students the opportunity to conduct original, in-depth legal research and produce a quality written analysis in an area of special interest under the close supervision of a faculty member. A faculty member who agrees to serve as the student’s supervising instructor will provide guidance and feedback throughout the research and writing process. The student’s final grade will reflect the supervising instructor’s evaluation of the quality of the student’s legal research and legal analysis as well as the quality of his/her legal writing. To register, a student must submit a statement of topic, signed by the supervising instructor that describes the proposed research topic and establishes the tentative research and writing schedule. The signed statement of topic must be submitted to the Office of the Academic Dean before the end of the add-drop period for the semester. Faculty.

Immigration Law and Policy (2 hrs.) This course is a survey of immigration law and the policy implications both informing and resulting from the immigration field. The course will explore the constitutional limits of the federal immigration power as enunciated in the federal courts, and the different roles of the departments and federal agencies involved in the administration and enforcement of immigration law. It will discuss the various categories of immigrant and non-immigrant visas, as well as the procedures used for admission into the United States. In addition, the course will review removal grounds, and the procedures, including appellate practice, used in removing aliens from the United States. International and domestic law affecting refugees, asylum seekers, and torture victims will also be discussed. Finally, the course will provide an overview of employment verification requirements, and the requirements of acquiring and losing citizenship. Administrative Law is a suggested, but not required, prerequisite. Mr. Ortiz Miranda.

International Business Transactions (2 hrs.) - req.QP This course concentrates on private business transactions that cross national boundaries. After an examination of some basic international and comparative law principles, the course examines various types of international commercial agreements such as joint ventures, contracts for the sale of goods, agency and distribution agreements and franchises. In addition, the course includes some practical exercises in negotiating and drafting international business contracts, and examines methods of dispute resolution such as international commercial arbitration. Guest lecturers may address some specialized topics during the semester. This course requires a qualifying course paper. The final grade is based on a contract-drafting exercise. Mr. Perez.

International Commercial Arbitration (3 hrs.) This course introduces students to the many unique problems posed when the investigation or prosecution of offenses against the criminal law of one country (primarily the United States) have international consequences. It first explores the foundations of international criminal law, including the bases for criminal jurisdiction. It then covers in depth two issues central to international criminal law: the extradition of fugitives and mutual legal assistance (i.e., international evidence gathering), with the focus on the United States as the country seeking, or from whom other countries seek, the return of a fugitive or the production of evidence. The course may incidentally touch upon other topics such as money laundering, the forfeiture of illegally obtained assets, terrorism, and war crimes. The course emphasizes primary source material, including the United States Constitution, federal statutes of the United States, international treaties to which the United States is a party, decisions of United States courts, and Federal Rules of Procedure and Evidence.Mr. Surgalla.

International Economic Regulation (3 hrs.) — opt.QP This course focuses on international and foreign national economic laws and policies that foster, or impair, transnational economic commerce. It explores the WTO, various transnational competition laws, IMF, the World Bank, and conflicting policies of developing nations designed to stimulate trade and investment while promoting internal growth and domestic control. At the discretion of the instructor, this course may include a qualifying course paper. Mr. Garvey, Mr. Mulloy.

International Human Rights Law (3 hrs.) — E or QP This one-semester course explores the development of international human rights standards and the role of international organizations in establishing and applying those rights. The materials focus on the development of the international law of human rights, particular areas of current attention, the legal basis for the authority of international bodies to act, the resolution of disputes between nations, and the monitoring and enforcement mechanisms applicable to human rights. Attention will also be given to the relationship between international human rights law and domestic legal remedies as well as to the interpretation and application of treaties in the legal systems of the states that are parties to them. At the option of the instructor, the course will either require an examination or a paper. Ms. Simon, Mr. Watson.

International Intellectual Property Law (2 hrs.) An overview of the international aspects of intellectual property law, focusing on the major areas of copyright, patent, and trademark law. The course will cover the development and nature of international protection under domestic law as well as under bilateral and multilateral agreements; the use of trade negotiations as a mechanism for the implementation and harmonization of rights; and enforcement problems, including issues of jurisdiction, territoriality, exhaustion of rights, and conflicts of law. Limited enrollment. Prerequisite: Introduction to Intellectual Property Law, Patent Law, Copyright Law, Trademark Law, or Trademarks and Unfair Competition. Mr.Chambers, Ms. Fischer, Mr. Laskoski.

International Regulation of Telecommunications (2 hrs.) — req.QP his course will study the changing patterns in international telecommunications law and policy management caused by dramatic cost reductions in telecommunications and the blurring distinctions between the telephone, television and computer as communications platforms. It will review the traditional management of international communications at the International Telecommunications Union and related space law concepts and then consider the liberalization of international trade in telecommunications services through international lawmaking at the World Trade Organization. The course will consider international competition policy issues, as well as other jurisdictional and policy conflicts of nation-states, such as freedom of expression and limits to territorially-based jurisdiction. This course requires a qualifying course paper. Recommended prior courses: Public International Law, Antitrust, or Problems in Telecommunications Law and Policy. Mr. DelBianco.

Law of the European Union (3 hrs.) — E or QP
The rationale of this course is to provide an overview of the political and legal framework of the European Union’s institutions, trade relations, and legal and business implications of the European process of integration. The focus will be on the process of the creation of the European Union, goals and purposes of the union, the structural framework and processes for the development of European Union’s law, constitutional issues, the role of the European Court of Justice, East-West trade, and United States trade within the European Union. If the instructor allows papers in lieu of examinations, this course may include a qualifying course paper that fulfills one half of the upper level writing requirement. Refer to Academic Rule X - Writing Requirement and Directed Research. Dr. Ludwikowski.

Legal Externship (2 or 3 hrs.) A student registering for his or her first externship should enroll in Legal Externship and should enroll in Becoming a Lawyer or one of the equivalent externship seminars. After  onsultation with the Coordinator of Clinical Programs or the faculty instructor, each student selects a placement at which to do uncompensated legal work under the supervision of an attorney. Placements include federal, state, and local government agencies, judicial chambers, prosecutors’ and defenders’ offices, law firms, corporate general counsels’ offices, public interest organizations, and labor unions. Students may receive two credits for 120 hours of uncompensated fieldwork or three additional credits for 180 hours of fieldwork. Each student submits periodic detailed time logs to the Clinical Programs Office to obtain credit for the fieldwork. Students must seek approval for proposed placements by filling out the online placement approval form.

Legal Externship: Supervised Fieldwork (2 or 3 hrs.) Students who have completed one externship and one of the “Becoming a Lawyer” seminars may enroll for a second or subsequent externship in Supervised Fieldwork. This course provides credit for fieldwork and provides each student with oversight from a faculty member. In consultation with the instructor, each student selects a field placement at which to do   compensated legal work under the supervision of an attorney. Placements include federal, state, and local government agencies; judicial chambers, prosecutor’s and defender’s offices; law firms; corporate general counsel’s offices; public interest organizations; and labor unions. Students may receive two credits for 120 hours of legal work or three credits for 180 hours for three credits. Students must seek approval for proposed placements by filling out the online placement approval form. Students should  btain approval of placements before the semester begins. For additional information about the externship program, refer to the section on "Legal Externships" on page 40. The faculty instructor may convene periodic seminar meetings or may meet with each student several times over the course of the semester. Students turn in detailed time logs and do some reflective writing about their field experience. Grading is pass/fail. Students are encouraged to seek a new field placement for each semester. A student who wishes to stay in a single placement for a second semester must receive approval from the Coordinator of Clinical Programs Mr. Flesch, Ms. Frost, Ms. HaroldMs. Lerman, Ms. Niedzielko, Mr. Ogilvy, Ms. Tschirch, Mr. Tramont.

Public International Law (3 hrs.) — E or QP An introductory course exploring legal elements underlying relations and obligations among nations and their rights and responsibilities to each other and to their citizens. The problems this course examines will cut across the major issues of international legal studies. These problems may include sources and subjects of international law, problems of international jurisdiction, international claims, international organization, foreign investment, international finance, environmental protection, economic sanctions, law of the sea, international human rights, and use of force in the international system. The students will explore these issues against the background of crucial events of our era. Paper/examination option. At the discretion of the instructor, this course may include a qualifying course paper.  Mr. Breger, Dr. Ludwikowski, Mr. Perez, Mr. Mulloy, Mr. Watson.

Space Law (2 hrs.) Outer space is an infrastructure element of developed nations and is gaining similar importance to developing nations. Governments and commercial entities deploy satellites for terrestrial purposes, including mineral exploration, communications, navigation, law enforcement, vehicle and vessel tracking, and weather prediction. Traditional military uses of satellites include surveillance, arms control verification, ballistic missile detection and early warning. Advanced technology experimentation is taking place on the not quite completed International Space Station. While occasional space tourists have visited the station, numerous individuals are signing up for commercial tours to space and back in a new generation of reusable spacecraft. Robotic space craft continue to explore and send back spectacular images of deep space and distant stars, while preparations are underway in the United States, Japan and China for returning mankind to the moon and in the United States, to Mars using moon resources. Outer space activities are conducted within a broad framework of international law, including a series of outer space treaties, domestic law, and the International Space Station Agreement. We discuss legal and programmatic roles of the United Nations, International Telecommunications Union, NASA, the European Space Agency, the U.S. Departments of Transportation and Commerce and space agencies of other nations. Students gain understandings of rights to explore and exploit outer space resources, liability for damages caused by spacecraft, special status of astronauts, permitted and prohibited military activities, use of nuclear power sources in space, rights of states to data obtained by other states’ remote sensing technology, licensing regimes for launch and reentry of commercial spacecraft, and standards governing space tourism. Students have the option of writing a paper in lieu of a final examination. Mr. Carroll, Mr. Walker.

Vis International Arbitration Moot The Vis International Arbitration Competition is the premier international arbitration moot court in the world. Competitors come from more than 150 universities in 50 different countries. During the year, students write two full-length (35-page) briefs on a complex case in an international business transaction. Following completion of the briefs, the CUA team travels to Vienna, Austria, for a weeklong competition where they square off in four rounds of oral arguments before panels of three arbitrators. The arbitrators are typically leading international arbitration lawyers from around the world. To maximize the learning experience, the organizers of the Vis match schools from common-law countries against schools from civil-law countries and place them before arbitrators drawn from both legal traditions. Mr. Perez, Mr. Weinstein.

Courses with a writing requirement are identified by the following symbols found in the key provided below:
req. QP — required qualifying course paper
opt. QP — optional qualifying course paper
req. PP — required qualifying portfolio paper
opt. PP — optional qualifying portfolio paper
E or QP — examination or qualifying course paper
E or PP — examination or qualifying portfolio paper
WC — advanced writing course

For the complete listing of courses, visit the Courses of Instruction section of the law school Announcements catalogue.