Course Catalog

Corporate Social Responsibility: Regulatory, Civil, and Criminal Approaches Enforcement authorities at home and abroad wield an array of criminal, civil, and regulatory tools to promote corporate responsibility in relation to governmental corruption and human rights violations. This course will review in detail DOJ and SEC enforcement of the Foreign Corrupt Practices Act ("FCPA"), building on this basis to discuss anti-corruption legislation in other countries and cross-border investigations. Turning back to the U.S., we will explore financial and trade regulation to promote good governance, including the U.S. sanctions and anti-money laundering regimes, securities disclosure-related initiatives to promote environment, social, and governance ("ESG") goals, and import restrictions and customs enforcement. We will conclude with an examination of regulatory initiatives in other counties and regional organizations to promote corporate responsibility for human rights. We assess how well these regimes promote corporate responsibility and reduce corruption and human rights risks, and explore the differences between civil/criminal enforcement and regulatory approaches in terms of their aims and outcomes.

• Type: Seminar

This seminar examines the rapidly evolving intersection of criminal and immigration law, often described as Crimmigration. The course explores the current law and how these two distinct systems of law and enforcement have merged over the last half-century. Students will analyze the dimensions of this merger, focusing on topics such as the "categorical approach" to removal, the immigration consequences of criminal convictions, immigration detention and due process, federalism and state cooperation, and the prosecution of immigration crimes. The seminar also examines the narratives and historical developments that underlie modern Crimmigration Law, from early exclusion statutes to today's border and interior enforcement regimes. Assignments include short written reflections, a midterm exercise, and a final paper.

• Type: Seminar

This professional responsibility course is intended for students interested in careers as corporate lawyers or representing corporations and other business entities. We will focus on the Model Rules of Professional Conduct and ethical issues relating to the representation of a corporation, including conflicts and their waiver, confidentiality, and client identity. We will also address the ethical obligations that corporate lawyers owe to the courts and regulators, particularly whistleblowing. In addition, we will study the role of lawyers in advising corporate boards and officers with regard to fiduciary obligations and corporate governance issues, including corporate powers, shareholder voting rights, and liability. Enterprise Organizations is a co- or pre-requisite for this class. Students may not take both this class and Corporate Lawyer: Law and Ethics for credit.

• Type: Upper Class

Human trafficking encompasses all forms of forced labor and it occurs around the world. Migrants are significantly more vulnerable to forced labor. The Human Trafficking and Immigration Clinic (HTC) works to combat human trafficking by: (1) providing direct representation to survivors of forced labor; and (2) developing disruptive, systemic solutions to reduce vulnerability to exploitation, specifically in the area of assisting responsible business entities in reducing the risk of forced labor in their operations. Law students enrolled in the HTC will engage in a combination of individual representation, compliance, and systemic reform work. The direct representation work of HTC is best described as a poverty law practice on behalf of survivors of human trafficking and their families. The clients are predominantly immigrants and thus the practice is almost exclusively in the area of immigration but we also assist clients with post adjudication criminal relief, access to public benefits, and victim-witness advocacy. The reform work of HTC focuses on understanding current and prospective human rights due diligence-aligned legislation and developing tools for use by companies (and organizations that advocate for responsible business conduct) to comply with these regulations. Overall, students in the HTC will learn and practice collaboration, problem solving, fact investigation, legal analysis, counseling, and advocacy skills. Students are responsible, under supervision, for all of the cases and projects within the HTC. The HTC is a 7 credit course and meets the New York Pro-Bono requirement.

• Type: Clinic