Course Descriptions for Spring 2013

Business Planning for International Transactions

Professor:
Jerry McAlinn, Professor of Law, Keio University
Edward P. Gilbert, General Manager at Principal Transactions Sub-Group, Shinsei Bank
Credit Hours:
3 credits
Day & Time:
Thursday 18:30 - 21:30
Room:
Mita 403

This course covers issues that arise when business organizations conduct international transactions. It will address such topics as selection of entity, commercial agreements, financing arrangements, dispute resolution and related issues.

Corporations

Professor:
Finbarr McCarthy, Director & Associate Professor of Law, Temple University Beasley School of Law, Japan Campus
Credit Hours:
3 credits
Day & Time:
Monday & Wednesday 16:00 - 17:25
Room:
Mita 403

This course will focus on the legal, practical and policy aspects of doing business as a corporation. After first examining the nature of the corporation and its role in society, it will then distinguish that form from other forms of business entity. Next it discusses the choice of organizational form, the incorporation process, the financial structure of the corporation, the allocation of responsibility for management and control of the organization — the roles, powers, rights, and responsibilities of directors, officers and shareholders — fiduciary duties, and organic changes.

This subject is tested on many U.S. Bar Examinations.

Current Issues in Japanese Law

Professor:
Katsuya Natori, Natori Law Office
Credit Hours:
2 credits
Day & Time:
Tuesday 18:45 - 21:05 (10 sessions, Jan. 8 to Mar. 19)
Room:
Mita 401

This seminar is available only to students with a sufficient level of Japanese language ability to enable them to participate in classes conducted in Japanese and to read primary source material in Japanese. Students are not required to write Kanji, but they will have to read complex Japanese texts. A sufficient measure of language proficiency required is the ability to read Japanese newspaper articles, with or without using a dictionary. The course covers a variety of subjects including recent legal reforms in Japan. This course is taught in Japanese. Students with a law degree from a Japanese university cannot enroll in this class.

Cyberthreat Regulation

Professor:
Duncan Hollis, Associate Dean for Academic Affairs and Professor of Law, Temple University Beasley School of Law
Credit Hours:
3-credit Writing Seminar: Limited Enrollment
Day & Time:
Wednesday 18:30 - 21:30
Room:
Mita 503

Individuals, shadowy criminal organizations, and nation states now have the capacity to harm modern societies through computer attacks (or "cyberattacks") and the theft of data (or "cyber-exploitation"). These new and severe cyberthreats put critical information, infrastructure, and lives at risk. And the threat is growing in scale and intensity. This course will explore how law, including domestic and international law rules on cybercrime and international law rules applicable to cyber warfare, regulates such cyberthreats. It will also analyze current debates over the appropriate forms of international governance of cyberspace and explore how law might be used to regulate the prospects of cyberterrorism.

East-west Negotiation

Professor:
Douglas Hymas, President/CEO, ING Mutual Funds Management Company (Japan), Ltd.
Bryan Koslow, Managing Director, Professionals Japan, Ltd.
Credit Hours:
3 credits: Limited Enrollment
Day & Time:
Thursday 18:30 - 21:30
Room:
Mita 504

This pass/fail course introduces students to the practical, legal, and cultural issues encountered when drafting and negotiating international agreements in the Asian context. A particular emphasis will be placed on negotiations involving American and Japanese parties through the examination of actual international commercial transactions. Students have an opportunity to participate in the preparation of mock agreements and negotiations.

Evidence

Professor:
Nathan Frost, US Secretary, US-Japan Joint Committee, US Forces, Japan Government; Major, USAFR
Credit Hours:
3 credits
Day & Time:
Tuesday 18:30 - 21:30
Room:
Mita 403

An examination of the rules governing the use of evidence, including problems of relevancy, hearsay, impeachment, burden of proof, presumptions and the function of judge and jury. This subject is tested on many U.S. Bar Examinations.

International Contract Drafting

Professor:
Section 1: Scott Imaye, Attorney, Matsuo & Kosugi
Section 2: Stanley Yukevich, Partner, Morrison & Foerster
Credit Hours:
3 credits
Day & Time:
Wednesday 18:30 - 21:30
Room:
Section 1: Mita 403
Section 2: Mita 504

This course bridges the gap between contract theory and contract practice and offers practical insights into international contracts such as licenses, distributorships and joint ventures. The principal focus will be on the development of skills in drafting these types of contracts, although ancillary preparation exercises may also be undertaken. This course has limited enrollment.

International Intellectual Property

Professor:
Erika Takeuchi, Asia Pacific Intellectual Property Attorney, Senior IP Counsel, Dow Corning Toray Co. Ltd.
Credit Hours:
3 credits
Day & Time:
Tuesday 18:30 - 21:30
Room:
Mita 402

This course will cover in an international context broad outlines of the four major branches of intellectual property law – patent, copyright, trademark, and trade secret law – and will consider the following topics: obtaining patent and trademark rights in the U.S. and other typical examination countries, exploitation of intellectual property rights with a focus on technology transfer including compulsory licensing, antitrust considerations, protection of rights with a focus on intellectual property litigation, policing intellectual property rights, preventing international distribution and importation, international trade piracy, gray market goods, defending against patent licensing companies, and other topics as time permits.

International Law

Professor:
Duncan Hollis, Associate Dean for Academic Affairs and Professor of Law, Temple University Beasley School of Law
Credit Hours:
3 credits
Day & Time:
Monday 18:30 - 21:30
Room:
Mita 503

International Law is designed to introduce students to the basic tenets of public international law, the current state of the international legal order, and the ever-present tension between theory and practice that arises in applying international law to real-world situations. Students should emerge from the course with a firm understanding of (a) the sources of international law (e.g., treaties, customary international law, and general principles of law); (b) the ways in which international law relates to domestic legal orders, especially the U.S. legal system; (c) the subjects of international law (e.g., states, international organizations, and, to a more limited extent, individuals), including their respective roles in creating law and resolving disputes as to its content or application; (d) the manner in which the international legal order creates specialized normative regimes in areas such as human rights, investment, trade, and the use of force; and, finally, (e) the efficacy of the current system and its capacity for change. This course has no prerequisites. It is designed for both the student seeking to acquire the basic building blocks necessary to pursue a career in international law as well as for the student planning to practice within the U.S. legal system who needs to understand how international law can (and will) relate to that practice.

International Organizations

Professor:
Grant Stillman, Legal Advisor, Asian Development Bank Institute
Credit Hours:
2 credits
Day & Time:
Tuesday 19:00 - 21:00
Room:
Mita 503

The United Nations, International Monetary Fund, and World Trade Organization have become important actors in international law shaping the modern world. This course surveys the law and practice of these and other international organizations and their basic legal characteristics in international law and in the municipal (or domestic) law of their member states. The main subjects cover legal status and capacity, privileges and immunities, membership and governance, international agreements, dispute settlement and enforcement techniques. The lecturer will draw on 20 years’ practical experience as a legal adviser to international financial institutions.

International Protection Of Human Rights

Professor:
Kara Abramson, Visiting Fellow, Tokyo University Institute for Advanced Studies on Asia
Credit Hours:
3 credits
Day & Time:
Monday 18:30 - 21:30
Room:
Mita 402 (Starts Jan. 14 with an extra class during semester)

This course is designed as an introduction to issues of law, policy and institutional machinery for the promotion of human rights in the world community. Are nations bound by human rights laws (such as treaties, customary international law, U.N. Charter, European Convention, etc.)? Are the courts of a nation so bound? Where there is violation of human rights law, when and under what circumstances may diplomatic intervention, economic sanctions or military force be used to redress wrongs or to cause compliance with human rights guarantees?

International Taxation

Professor:
Dean Page, Accounting Asia
Paul Previtera, Attorney admitted in State of Washington and in Australia
Credit Hours:
2 credits
Day & Time:
Jan. 16, 19, 20, 23, 26, & 27
Two Wednesdays: 18:30 - 21:30
Two Saturdays: 9:00 - 15:30
Two Sundays: 9:00 - 14:30
Room:

This course covers fundamental concepts in U.S. taxation of international transactions, both inbound (U.S. taxation of income received by foreign individuals or entities) and outbound (U.S. taxation of the foreign operations of United States taxpayers). The course will address questions of residence, jurisdiction to tax, source of income, the foreign tax credit, tax treaties, transfer pricing, and the operations of the controlled subsidiaries of United States corporations.

Introduction To Japanese Law

Professor:
Bruce Aronson, Professor of Law, Creighton University & Fulbright Senior Research
Professor, Waseda University, Tokyo. 2012-13
Credit Hours:
3 credits
Day & Time:
Tuesday and Thursday 16:00 - 17:25
Room:
Mita 403

This comparative law course introduces students to Japanese law and the major principles of civil law systems. Students will examine the history, structure, and content of the Japanese legal system, the role of domestic and international law in Japan, the Japanese Constitution, and the major areas of Japanese law. To better equip students for transnational work involving Japanese entities, the course will focus on how Japanese laws, regulations, and culture affect corporations, business transactions, and individual rights in Japan. It will also consider the role of Japanese law in promoting transnational investment, current issues in the practice of law in Japan, and several current social issues on which law has an impact.

J.D. semester abroad students are strongly encouraged to enroll in this course. Students with a law degree from a Japanese university cannot enroll in this class.

Professional Responsibility

Professor:
Kelly Knepper-Stephens, General Counsel, Stoneleigh Recovery Services
Credit Hours:
3 credits
Day & Time:
Monday 18:30 - 21:30
Room:
Mita 403

If legal institutions provide the framework of a just society, attorneys are the architects and engineers who construct and maintain it. This core course addresses the complex ethical issues that arise as counsel play their parts within this larger legal framework, whether evaluating conflicts of interest or handling inadvertent disclosures of confidential information.

The societal role of attorneys as agents of change will also be addressed including pro bono efforts. The course will also help with preparation for the M.P.R.E. as Professional Responsibility is tested on Bar Exams throughout the U.S. Material covered will include Model Code of Professional Responsibility, American Bar Association Committee on Ethics opinions, California Rules of Professional Conduct, relevant sections of the California Business and Professions Code, select state and local bar opinions, and topical news articles touching on attorney ethics. This subject is commonly tested on Bar Exams across the United States.