Course Descriptions for Spring 2015

Last update: October 14, 2014

Comparative Corporate Governance: Writing Seminar

Professor:
Harwell Wells, Temple University Beasley School of Law
Credit Hours:
3 credits
Day & Time:
Tuesday, 19:00 - 21:00
Room:
Mita 403

This course explores Japanese and U.S. corporate law, broadly defined. It will examine issues relating to corporate governance and ownership, including, for example, the legal structure of business entities in the U.S. and Japan; the duties of directors; and the roles of shareholders and employees. The course may also cover issues relating to the role of investors in and regulators of publicly traded corporations. It will not provide a comprehensive overview of either Japanese or U.S. corporate law. But it will examine issues that both jurisdictions confront, with the goal of developing a better understanding of the role of corporate law in Japan and the U.S. and the lessons that each might offer the other.

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. 13 to Mar. 24)
Room:
Mita 401

This seminar is available only to students whose Japanese language ability will 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 will have to read complex Japanese texts. Students who can read Japanese newspaper articles, with or without using a dictionary, are sufficiently proficient. 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.

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
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. The course particularly emphasizes 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.

This course has limited enrollment.

International Contract Drafting

Professor:
Stan Yukevich, Partner, Morrison & Foerster
Credit Hours:
3 credits
Day & Time:
Wednesday 18:45 - 21:45
Room:
Mita 403

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. It will principally focus on developing skills in drafting these types of contracts, although students may also have to undertake ancillary preparation exercises.

This course has limited enrollment.

International Finance

Professor:
Naoko Taniguchi, General Counsel, GE Capital Japan
Credit Hours:
3 credits
Day & Time:
Monday 18:30 - 21:30
Room:
Mita 403

This course surveys the regulatory and transactional aspects of international finance, which is an area of increasing significance to all commercial lawyers. Topics will include an examination of banking and securities regulation in the United States, Japan, and the European Union; major areas of international regulation; private offerings, derivatives, and international transactions such as syndicated loans and project finance.

International Law

Professor:
Grant Stillman, Legal Advisor, Asian Development Bank Institute
Credit Hours:
3 credits
Day & Time:
Wednesday 18:30 - 21:30
Room:
Mita 504

This course surveys the fundamental concepts of public international law and practice. Areas of principal focus include the nature and sources of international law; international personality and recognition; treaties and customary international law; international dispute resolution; international organizations, NGOs and regimes, such as the Law of the Sea; state responsibility for injuries and remedies; the use of force; and transnational reach of domestic law and conflict of law.

TLLM candidates who have not taken International Law during their prior studies must take this course in addition to the 24 credits required to earn the degree.

International Taxation

Professor:
Dean Page, Accounting Asia
Paul Previtera, Attorney admitted in State of Washington and in Australia
Credit Hours:
2 credits
Day, Time & Room:
Jan. 21 (Wed.) 16:00 – 18:00 Mita 403
Jan. 23 (Fri.) 10:00 – 12:00 Mita 504
Jan. 24 (Sat.) 9:00 – 14:00 Mita 403
Jan. 25 (Sun.) 9:00 – 14:00 Mita 403
Jan. 28 (Wed.) 16:00 – 18:00 Mita 403
Jan. 30 (Fri.) 9:00 – 12:00 Mita 504
Jan. 31 (Sat.) 9:00 – 14:00 Mita 403

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:
Nathan Frost, US Secretary, US-Japan Joint Committee, US Forces, Japan Government; Major, USAF
Credit Hours:
3 credits
Day & Time:
Thursday 15:00 - 18:00
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. study-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:
Ric Fouad, Attorney & Child Welfare Advocate
Credit Hours:
3 credits
Day & Time:
Monday 18:30 - 21:30
Room:
Mita 402

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.

Trusts & Estates

Professor:
Finbarr McCarthy, Temple University Beasley School of Law
Credit Hours:
3 credits
Day & Time:
Wednesday 18:30 - 21:30
Room:
Mita 502

This course surveys the principal devices used in the transmission of accumulated family wealth, concentrating primarily on the requirements for creating, modifying and terminating wills and trusts. It also considers intestate succession, will substitutes and selected issues concerning future interests, powers of appointment and fiduciary administration. The course explores the often clashing policies of effectuating donative intent and restraining dead-hand control.

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

Unincorporated Business Entities

Professor:
Harwell Wells, Temple University Beasley School of Law
Credit Hours:
3 credits
Day & Time:
Thursday 18:30 - 21:30
Room:
Mita 403

Most business organizations in the United States are no longer corporations, but unincorporated business associations such as sole proprietorships, partnerships, or limited liability companies (LLCs). Entities including "mom and pop" stores, high-tech start-ups, and sophisticated investment funds use these business forms. This class examines these business entities, which every attorney engaged in a business practice needs to understand. After a review of agency law, the course will examine partnerships, limited partnerships (LPs), LLCs, and if time permits some less common unincorporated business forms.

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

Survival Japanese

Professor:
Yoshida Akiko
Credit Hours:
No credits
Day & Time:
Monday - Friday 13:45 - 15:15
Class Period:
January 12 - 30
Room:
Mita 504

Intended for students with little or no Japanese language ability, Survival Japanese aims, through daily, weekday classes during January, to have students achieve basic proficiency in speaking and listening.

Beginning Japanese

Professor:
Takano Nozomi
Credit Hours:
No credits
Day & Time:
Monday, Wednesday, Friday 12:15 - 15:15
Class Period:
February 2 - February 27
Room:
Mita 504

Intended for students with little or no Japanese language experience, this course focuses on Japanese speaking, reading, and writing.