Course Catalog

This seminar will trace the beginnings of the Foreign Corrupt Practices Act (FCPA) and go into depth on central aspects of the FPCA in theory and practice. It will also address issues around corruption in international business, the OECD initiatives the United Nations Convention Against Corruption, and other regional/supra/international attempts to reduce public corruption. We will also discuss compliance programs, investigations (including special issues related to cross border investigations), prosecutions/defense and resolution of FCPA issues.

• Type: Seminar

China has struggled with "constitutionalism" since the late 19th century, and the last Chinese imperial dynasty's attempt at domestic political reform and self-strengthening in the face of aggressive foreign powers, European and Asian. That early engagement with constitutionalism, however, was focused entirely on Qing Dynasty-led political institutional reform, specifically the establishment of a national consultative assembly or even legislature, and transformation of the Qing dynasty into a species of constitutional monarchy. A separate idea, "strict constitutionalism" or the authoritative review of legislative and regulatory enactments or government action for conformity with the higher principles enshrined in a written constitution, only gained attention in the early 1930s with the rise of the Guomindang (KMT) single party state and serious constraints placed on what many Chinese citizens perceived to be basic civil and political rights. This seminar will focus on the development of such "strict constitutionalism" in the Chinese world between 1895 and the present, focusing on the unique elements of this project in the People's Republic of China (PRC) from 1949 to date, the Hong Kong Special Administrative Region transformed from a colony of the United Kingdom into a special administrative region of the PRC in 1997 Handover, and the Republic of China on Tawian as it has moved from "emergency" (military) rule to a more democratic system. Accordingly, the course will concentrate on the protection of basic human rights under domestic law (and constitutions) in the Chinese world, without significant consideration of how nation states in the Chinese world implement international human rights treaties domestically, whether directly or by incorporation of such treaty obligations into domestic law. Ultimately, the course will grapple with difficult questions about the basic suitability of such strict constitutionalism, or indeed the protection of basic civil and political rights against the state (or party behind the state) under domestic law, for Chinese world nation states, with some consideration of alternative mechanisms which might also ensure the protection of such rights.

• Type: Upper Class

This seminar will explore the legal and business aspects of public and private cross-border M&A transactions and joint ventures. We will focus, first, on the strategic drivers of such transactions and, then, on the transactional elements designed to achieve the commercial objectives of the parties and mitigate economic and legal risk. We will pay particular attention to the ways in which the business and regulatory environment for cross-border M&A differs from that of domestic transactions. Course materials will include legal cases, articles, business school case studies, and acquisition agreements. Guest speakers also will be invited to class from time to time.

• Type: Seminar

Spend a semester in Geneva working with leading intergovernmental and nongovernmental institutions during the winter term. Students are immersed in the work of these international institutions and closely supervised by their legal staffs to explore how international legal regimes intersect with such diverse fields as trade, human rights, intellectual property, environment, telecommunications, and health. Externs participate in a contemporaneous seminar intended to provide them substantive context for their externships. Students apply in the Winter before the program begins the following January. For more information, visit our website at https://www.law.umich.edu/curriculum/externshipsandindependentstudy/Pages/default.aspx or contact [email protected]. We are happy to meet with students to answer questions, give guidance on potential placements, provide information on how to apply, etc. Further, every January we hold an informational meeting for all of our international externship programs, so please watch for that announcement.

• Type: Externship

This course will explore the legal, historical and policy perspectives that shape U.S. law governing immigration and citizenship. The course provides a general overview of the constitutional and international law foundations underlying immigration regulation, the history of immigration law in the U.S., the source and scope of congressional and executive branch power in the realm of immigration, and the role of the judiciary in making and interpreting immigration law. The course will closely examine the admission, exclusion, removal and naturalization of noncitizens in the United States.

• Type: Upper Class

The India Externship offers students the chance to spend the Winter semester working for an Indian non-profit, government agency, or court in the city of your choice. Students work with our administration and faculty to find a suitable placement. Given the depth and breadth of work available in India, it should not be difficult to find something that meets your interests. Past students report rich experiences working side-by-side with top-notch Indian lawyers on pressing legal matters and policy issues. Students apply in the Winter before the program begins the following January. For more information, visit our website at https://michigan.law.umich.edu/resource-center/india-externship or contact [email protected]. We are happy to meet with students to answer questions, give guidance on potential placements, provide information on how to apply, etc. Further, every January we hold an informational meeting for all of our international externship programs, so please watch for that announcement.

• Type: Externship

This class offers a general introduction to the international legal system. We will explore how international law is made through treaties, custom, and other processes; the roles of different actors (e.g., states, NGOs, international organizations, and corporations) in making and applying international law; how violations of international law are identified and remedied by international institutions or actors; and how international law intersects with domestic legal systems, like the one in the United States. The class will cover a range of substantive areas of law, including human rights, the use of force, economic relations, and regulation of the global commons (with some variations across sections). Each topic will be discussed through examination of a real ongoing or recent incident, controversy, or conflict. Students will be encouraged to think about how law can be made, enforced, and interpreted in an environment lacking a single legislature, executive, or judiciary. This course will prove highly useful to preparing students for more specialized courses in international law.

• Type: Upper Class

White Collar Crime Policy and Practice This course will examine the field of white-collar criminal law, in terms of both policy and practice. We will start by covering the key theories, definitions, and statutes that create the substantive legal framework. The focus will be not only on what the laws proscribe, but also how the federal government interprets and applies the statutes to further administration objectives. We will also cover the biggest issues facing white collar criminal law prosecutors and defense attorneys, including privilege, ethics, investigations, negotiations, and development of effective theories of a case. Much of our analysis will be on current cases. Active class participation is a vital part of the course and will impact a student's grade.

• Type: Seminar

While many "international law" courses focus on public international law (i.e. the law of Nation States) this seminar will examine selected topics of international law that are most relevant to the private practitioner. The seminar will cover a specific topic each week, and will include dispute resolution, international regulatory practice and international business law. We will start with a discussion of what "international practice" really means in the private practice context (including the overlap of public-private issues), and proceed to examine discrete international practice areas such as international arbitration and litigation, international regulatory issues such as the FCPA and Economic Sanctions and international commercial law issues involved in areas such as project finance and joint ventures. The ultimate goal of the seminar is to provide students with a survey of "international" practice areas that they might face in law firm practices and help them assess where they might want to practice in their own careers. Students will be expected to lead class sessions throughout the semester and present their paper topics at the end of the term.

• Type: Seminar

This course will examine how public international institutions use their legal instruments to address climate change. It will trace the history of the 1999 UN Framework Convention on Climate Change (UNFCCC) and its multiple successor agreements, culminating in the Paris Agreement of 2015 and its implementation. It will cover how other multilateral institutions have incorporated climate obligations into their agreements, including the Kigali Amendment to the Montreal Protocol, the UN International Civil Aviation Organization's CORSIA agreement, and the UN International Maritime Organization's measures for global shipping. Cross-cutting questions will include how the balances struck in the Paris Agreement informed these subsequent negotiations, how effective these agreements are, and their relevance today. The course will also consider how the global trading system (the World Trade Organization (WTO) and FTAs) is grappling with addressing climate change. It will conclude with consideration of recent climate litigation in international courts, including major advisory opinions from the International Court of Justice and others. Course requirements include active class participation, reflection papers, and a final paper. There are no prerequisites, however some familiarity with international law and/or environmental law is strongly encouraged.

• Type: Upper Class

Students enrolled in this course will work on a major policy reform and its implementation with the highest policy organ of the Government of India. The policy reform could be climate change, women's empowerment, financial inclusion, or another topic. Concurrent enrollment in the Law and Economic Development in India: Behavioral Approaches and Policy Implementation seminar is required.

• Type: Seminar

Regulating by the Numbers: Benefit-Cost Analysis and OIRA Review --- With Congress perennially at a virtual standstill, most new federal legal requirements come from administrative agencies. And these regulations touch on some of our most fundamental values and challenges: human health, climate change, societal inequities, and so on. Over decades, agencies have developed standardized ways of incorporating these values, with benefit-cost analysis ("BCA") and review by the Office of Information and Regulatory Affairs ("OIRA") often taking center stage. This seminar will zoom in on these vital steps in the regulatory process, helping unlock a critical skillset for regulatory advocates. Topics will include the legal nuts and bolts of agency BCA and OIRA review, BCA's philosophical and economic underpinnings, deep dives on particular issues (valuing lives, climate-change costs, distributional considerations, future people, the environment, nonhuman animals, etc.), and alternative decisionmaking frameworks. We will touch on current events and live controversies in this space. Grades will be based on class participation, short reactions to the readings, and a semester-long term paper taking a stance on one of the technical or ethical issues raised in class. Previous or concurrent exposure to administrative law (e.g., taking Legislation and Regulation or Administrative Law) is recommended but not strictly required, and no economics background is expected.

• Type: Seminar

<p>The South Africa Externship offers students the chance to spend the Winter semester working for a non-profit, government agency, or court. Since 1996, Michigan Law has placed over 150 students in full-semester externships, including positions at the Human Rights Commission (Cape Town, Johannesburg, Durban), Legal Resources Centre (Cape Town, Johannesburg, Durban, Grahamstown), University of Cape Town, Refugee Law Clinic, the Centre for Applied Legal Studies (Johannesburg), Centre for Environmental Rights (Cape Town), Scalabrini (Cape Town) and Lawyers for Human Rights (Johannesburg) to name a few.</p> <p>Before they arrive, in odd years, students take a course in Constitutionalism in South Africa, taught by Karthy Govender of Durban in person in Ann Arbor, MI, giving them a good grasp of the seminal South African cases so students can "hit the ground running" upon their arrival, as well as a companion seminar meant to enrich their experience (Law 939). In odd years, the students only take the companion seminar and spend longer at their placements in South Africa. Students apply in the Winter before the program begins the following January.</p> <p>For more information, visit our <a href="https://michigan.law.umich.edu/academics/experiential-learning/externships">website</a> or contact <a href="mailto:[email protected]">[email protected]</a>. We are happy to meet with students to answer questions, give guidance on potential placements, provide information on how to apply, etc. Further, every January we hold an informational meeting for all of our international externship programs, so please watch for that announcement.</p>

• Type: Externship