Course Descriptions for Spring 2018

Last update: October 17, 2017

Chinese Business and Investment Law

Professor:
TBA
Credit Hours:
2 credits
Day & Time:
2/26-3/15 (Mon.-Thurs), 9:00-12:00 (8 classes, optional spring break trip to Beijing)
Room:
405

The goal of this course is to introduce students to the legal infrastructure of foreign direct investment in the People's Republic of China. It will approach the subject from historical, economic, and political perspectives, with particular emphasis upon China’s moving gradually from a "central planning" economy to an increasingly market-oriented economy open to international trade and investment since its adoption of the "open-door" policy in 1978.

As part of this course, students will have the opportunity to experience business culture first-hand by taking an optional spring break excursion to Beijing, China. Students will have lectures on business law topics at Temple’s Rule of Law Program in Beijing, visit local private companies and government institutions, as well as experience Chinese culture.

Notes:

  • Intensive 2-week class schedule beginning on February 26. This course has limited enrollment.

Contracts

Professor:
Eleanor Myers
Credit Hours:
3 credits
Day & Time:
Mondays, 18:30-21:30
Room:
402

This course is designed to introduce students to the fundamental concepts of U.S. contract law. Areas of principal focus include offer and acceptance, consideration, interpretation and construction, conditions, breach of contract and remedies thereto. Students will also study Article 2 of the Uniform Commercial Code.

Notes:

  • This subject is tested on many U.S. Bar Examinations.
  • Not open to J.D. students.

East-West Negotiations

Professors:
Doug Hymas and Bryan Koslow
Credit Hours:
3 credits (Pass/Fail)
Day & Time:
Thursdays, 18:30-21:30
Room:
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.

Note: This course satisfies the skills graduation requirement.

Guided Research

Professor:
Tina Saunders, Director and Associate Professor of Instruction in Law, Temple University Beasley School of Law
Credit Hours:
2 or 3 credits
Day & Time:
 
Room:
 

This independent research offers students an opportunity to (1) satisfy the mandated writing requirement, (2) develop research, writing and analytical abilities through producing a single substantive research paper and (3) work with a faculty member in an area of the teacher's interest or expertise. Students have a Faculty member agree to supervise them and must submit a signed Approval form to the Registrar to request participation.

Note: This course has limited enrollment.

International Civil Litigation

Professor:
Tony Andriotis
Credit Hours:
2 credits
Day & Time:
Wednesdays and Fridays, 16:00-18:00 (7 weeks)
Room:
504

With the globalization of business transactions, cross-border civil litigation has become common. Given that legal systems, laws, social values and culture differ from country to country, international civil litigation poses a much more complicated reality that requires both knowledge and expertise beyond the traditional domain of domestic litigation. The course will examine the international law that governs "foreign" relations between individuals or business entities, and will discuss the theory and practice of international civil dispute settlement. The issues it will cover include determining the proper forum, finding the applicable law, judicial assistance (e.g. service of process, discovery and foreign judgment enforcement), and litigation involving a foreign state. It will also discuss such important practical matters as how to draft a dispute settlement clause, how to meaningfully choose a forum and the applicable law to more effectively protect the client's interest, and how to address potential obstacles facing lawyers engaging in international practice.

Notes:

  • This is a 7-week course.
  • The schedule begins on January 10.

International Compliance Law

Professor:
John Myers
Credit Hours:
3 credits
Day & Time:
Mondays, 18:30-21:30
Room:
504

Increased globalization of commerce has substantially increased the risk of fines, sanctions and costly litigation resulting from the way and manner business is conducted around the world. Governments and various Unions have responded to globalization in varying degrees by enforcing existing laws, enacting new laws and regulatory requirements addressing competition, market manipulation, trade and corruption. Aside from costly fines levied against the Corporation, various legal regimes have begun to impose direct liability on directors, managers and third parties who have failed to implement and oversee reasonable compliance programs. These factors require a vigorous and ever changing compliance programs for corporations.

A thorough understanding of compliance issues helps lawyers to craft creative and effective legal solutions for their clients. An excellent compliance program cannot only prevent problems, but discover issues at an early stage and can be used to receive credit where a corporation runs afoul of a law.

International Contract Drafting (Writing option for LLM)

Professors:
Stan Yukevich and Julie Miller
Credit Hours:
3 credits
Day & Time:
Wednesdays, 18:45-21:45
Room:
402

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.

Note: This course has limited enrollment.

International Protection of Human Rights: Writing Seminar

Professor:
Vipasha Bansal
Credit Hours:
3 credits
Day & Time:
Thursdays, 1/11-3/15, 15:30-18:00, plus 3-hour additional class (schedule TBD)
Room:
504

This course will examine how law and legal institutions shape economic, political and social development in both theory and practice. We will look at some key texts and debates to understand the theoretical foundations of the field. We will also look at development practice from a lawyer's perspective, drawing on examples from both developed and developing countries. These case studies will help us critically examine questions such as: Do urban slum residents have the same access to justice as their wealthier neighbors? Which corporate structures should a developing economy adopt? Do intellectual property rights form a barrier to improving public health? What is the rule of law and why are economists promoting it? The aim of the course is not to find definitive answers to development questions. Rather, students will be encouraged to think broadly and deeply about development and how law relates to it.

International Taxation

Professors:
Paul Previtera and Dean Page
Credit Hours:
2 credits
Day & Time:
Jan 9-11, 13, 16-17 and 20, 9:00-12:00 (7 classes, 2 weeks)
Room:
502

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.

Notes:

  • This is an intensive 2-week course.
  • The schedule begins on January 9.

Introduction to Japanese Law

Professor:
Nathan Frost
Credit Hours:
3 credits
Day & Time:
Tuesdays, 18:30-21:30
Room:
504

This 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.

Notes:

  • 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 course.

Professional Responsibility

Professor:
Ric Fouad
Credit Hours:
3 credits
Day & Time:
Tuesdays, 18:30-21:30
Room:
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.

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

Unincorporated Business Entities

Professor:
Eleanor Myers
Credit Hours:
3 credits
Day & Time:
Wednesdays, 18:30-21:30
Room:
504

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.

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

Survival Japanese

Professor:
Akiko Yoshida
Credit Hours:
Non-credit
Day & Time:
1/12, 1/15, 1/22, 1/24,1/26 and 1/29 (6 classes) 10:00 - 13:00
Room:
405

This course is intended to give students with little to no Japanese language ability, basic speaking and listening proficiency to be able to live comfortably in Tokyo for the semester.

Beginner Business Japanese

Professor:
Nozomi Takano
Credit Hours:
Non-credit
Day & Time:
1/31, 2/2, 2/5, 2/7, 2/9 and 2/14 (6 classes) 10:00-13:00
Room:
405

This course is intended for students with little to no Japanese language experience and will focus on Japanese speaking and writing in business, including practice making self-introductions and job interviewing.

U.S. Bar Exam Study Course (non-credit)

Professor:
TBA
Credit Hours:
non-credit
Day & Time:
1/13, 1/20, 1/27, 2/3, 2/17, 2/24, 3/3, 3/24, 3/31, 5/12, 5/19 and 5/26 Saturdays, 10:00-13:00
Room:
502

This course is a comprehensive lecture series on techniques and strategies to take a U.S. state bar exam. This class will help prepare you for the bar exam, the multistate/multiple-choice section ("the MBE"), state essays, and the multistate performance test ("MPT") questions. The course will use many different resources, including doctrinal lectures, classroom discussions, substantive outlines, many practice questions, and individual coaching. In this class, as with the bar exam, what matters most is results, and our goal is to make sure that each of you can use these various inputs to produce successful outcomes.

Notes:

  • This course has limited enrollment.
  • Open to 3L JD students and LL.M. students.