MINI 4700 Cause Lawyering (1 Credit Hour)
This mini-course examines the use of law to advance social, economic, or political goals. After a brief exploration of the theoretical framework and historical background of “cause lawyering,” students will consider the role of law and lawyering in various change-seeking applications, such as social movements and impact litigation, and in various practice settings. Approximately every other week, students will meet with practitioners involved in prominent cases or organizations to discuss their objectives, strategies, and challenges—and whether they achieved their goals. Students will prepare for those meetings by reading relevant material and generating specific questions for the speakers. Grades will be based on several short papers and class participation.
MINI 4810 Socio-Economic Rights (1 Credit Hour)
Socio-economic rights play an important role in many societies. Demands for jobs, food, water, housing/shelter, education, health care or – more generally – dignified living conditions are as important as classical liberal (‘first generation’) rights to equality, free speech, assembly, political participation or religion in countries like South Africa or India and continue to influence the human rights debate across large parts of South America. The Arab Spring is the most recent battleground over constitutionally entrenched socio-economic demands and greatly expanded the scope of such entitlements in systems like Iraq or Egypt. Other societies, including the United States and many countries in Europe, provide assistance for citizens in need but take a much more cautious stance on the constitutional protection of the socio-economic sphere. This course identifies different approaches to the protection of socio-economic entitlements. Drawing on the origins of social welfare states, including the German and French models, students will be alerted to the tensions that exist between the desire to provide a constitutional basis for the most fundamental needs of citizens and the limited resources available to most societies when it comes to the creation of job opportunities or the provision of social welfare benefits. Options range from ordinary social welfare legislation without a constitutional safety net, constitutional principles that direct public policy and resources towards the development of socio-economic safeguards, constitutional provisions that guarantee a minimum standard of life, to the constitutional entrenchment of ambitious individual rights to socio-economic benefits. Students will explore these options on the basis of selected academic writings, socio-economic data from national sources and international organizations, court decisions, and constitutional texts from a variety of systems including Ecuador, South Africa, India, Egypt, Germany and the United States. Particular emphasis will be placed on the role that constitutional law can play in socio-economic development and the distribution of limited resources between competing societal needs. This will include the difficult question of judicial enforcement and the implications of constitutionally entrenched rights for the separation of powers in democratic systems of government.
MINI 5040 Legal Scholarship Workshop (1 Credit Hour)
This “workshop” will feature presentations by four or five visiting authors of their works-in-progress on regulation of economic activity, broadly construed. Students formally enrolled in the workshop will meet with one or more of the faculty conveners the week before each author’s presentation to discuss the paper. Students will prepare brief (one-page) response papers for each paper for discussion in the prior meeting; those response papers will be shared with the authors. In addition, students will be expected to attend two additional approved lectures at the law school or elsewhere on campus and submit a brief (one-page) response paper. The workshop is designed for students who are interested in legal scholarship in general and for those with particular interest in issues related to regulation, economic regulation, and international coordination of economic policies. The author presentations will be open to students who are not formally enrolled in the workshop.
MINI 5041 Legal Scholars Wkshp, Advanced (1 Credit Hour)
Continuation of Legal Scholarship Workshop.
MINI 5070 Cruise Line Legal Liability (1 Credit Hour)
This course will introduce students to the Passage Ticket Contract customarily issued by cruise lines and the current legal liability scheme applicable to these maritime common carriers of passengers. The course will provide an overview of some common issues that arise in suits between passengers and cruise lines, including venue and forum selection clauses, as well as duties and liabilities stemming from incidents which occur during offshore excursions and from shipboard medical care provided to passengers. The course will also introduce students to the Death on the High Seas Act, 46 App. U.S. §§ 761-767 and the Cruise Vessel Security and Safety Act of 2010, Pub. L. 111–207, July 27, 2010, 124 Stat. 2250, 46 U.S.C. Sec. 3507-3508. The course will be taught by Marva Jo Wyatt, a partner with Reich, Album & Plunkett, L.L.C.
MINI 5110 Freight Forwarders & NVOCCs (1 Credit Hour)
This course will examine the role of intermediaries with respect to the negotiation and conclusion, or “fixing” of contracts for the carriage of goods by sea. The course will specifically examine the procedure for negotiating contracts including charter parties, the applicable chartering terms, the relationship between the intermediaries and the merchants, charterers, carriers and owners, and the relevancy of agency law. The course will explore multimodal transportation and liability regimes in EU and US. The course will be taught by Andrei Kharchanka, Manager of Risk, Claims and Litigation for BBC Chartering GmbH of Leer, Germany. BBC specializes in project cargo and is the world’s largest operator of heavy lift multipurpose vessels.
MINI 5120 Adm: Charter Parties (1 Credit Hour)
In this course, the student will become familiar with the different types of charter parties utilized by the shipping industry for chartering both cargoes and vessels. The main focus of the course will be on the duties of the owners and charterers under time and voyage charter parties, and the legal basis for disputes under both U.S. and English law.
MINI 5230 Chinese Business Law (1 Credit Hour)
This course is designed to provide with the students a systematic introduction to Chinese business law system in the context of globalization and from the perspective of comparative law. Over the course, various aspects of “doing business in China” will be examined through discussing Chinese contract law, corporate law, foreign direct investment law, securities law, and other relevant systems. Through comparing the Chinese business law with foreign business laws, this course especially presents the part of the Chinese business law concerning foreign investment. The goal is for students to understand both the legal theories and practices in the field of business law, and to be able to analyze and resolve international business law issues in the real business world.
MINI 5300 Corporate Governance (1 Credit Hour)
The course carries one semester hour of credit and meets for six two-hour sessions. It is graded on the “Pass, D, Fail” basis. It considers "hot topics" in corporate governance, such as "shareholder activism" and "proxy access"; a chapter from James Freund's book "Smell Test," which examines lawyers caught in what could be career-ending ethical dilemmas involving business clients; and one or two Delaware cases in which governance failures contribute to business failures. Because a significant portion of the course is current events, which are not predictable, newspapers are part of the assigned reading, and the course syllabus may change with little or no notice. A student's background in corporation and securities law will be useful, but not prerequisite. The course is most appropriate for 3Ls, but 2Ls are also welcomed.
MINI 5620 Human Rights Dialogue (1 Credit Hour)
This course will explore key themes of human rights protection through the lens of U.S. and foreign court decisions.
MINI 5670 Int'l Protection Human Rights (1 Credit Hour)
The course has the purpose of exploring the interrelation existing between protection of cultural heritage and human rights, with its main concrete implications. In most recent decades the international community has matured the awareness that cultural heritage deserves legal protection not only by virtue of its aesthetic, artistic, architectural and economic value, but also – and especially – for its spiritual significance as an essential component of communities’ and individuals’ cultural identity and distinctiveness. Under this perspective, cultural heritage is to be conceived as establishing a symbiotic relationship with human rights, as both play a decisive role in allowing the human person to achieve full realization of her existence – as an individual and as a member of a community – as well as to leave a track of her passage in this world. The need of safeguarding and valorizing the human-rights-related dimension of cultural heritage has been recognized in the most recent international legal instruments relating to the protection of cultural heritage. Contextually, the necessity of guaranteeing respect and promotion of the (often implied) human right to one’s own cultural heritage is today well established in the practice of international human rights monitoring bodies. The course will be structured in six classes, dedicated to the following specific topics: evolution and present status of international human rights law; protection of culture and cultural heritage in international law; human rights implications of cultural heritage protection; intentional destruction of cultural heritage as a violation of human rights; protection of World Heritage and safeguarding of intangible cultural heritage under a human rights perspective; indigenous peoples’ rights and cultural heritage protection.
MINI 5730 Chinese Environmental Law (1 Credit Hour)
The course on Introduction to Chinese Legal System aims to provide a general picture of Chinese legal system to the students. At the beginning of this course, the legal history of traditional China and modern China will be introduced in general. After that, the following topics will be addressed in particular: the constitutional doctrines and state structure, the political parties and elections, sources of law and the law-making system, as well as the Chinese legal institutions including courts, procuratorates and lawyers. The law of procedure and the substantive law will also be discussed to some extent. For the purpose of helping the students to make further research, some useful primary sources of PRC law will also be provided.
MINI 5990 Fed Legislation & Leg Drafting (1 Credit Hour)
The goal of this mini course is to make law students into more informed attorneys, citizens, and voters, by increasing their understanding of how to read and understand Federal bills and laws. Students will learn how to locate and analyze Federal bills and laws and evaluate some of the strengths and weaknesses of our legislative system as it currently operates. Whenever possible, the actual text of bills, laws, and committee reports will be used for purposes of example or analysis. The bulk of this discussion will be from the perspective of the House of Representatives, although Senate procedures and culture will also be touched upon. As part of the course, students will conduct legislative research on a topic, draft a bill for introduction, and prepare a committee re-port for such bill.
MINI 6150 Int'l Anti-Corruption (1 Credit Hour)
This course will cover the basics of international anti-corruption laws such as the U.S. Foreign Corrupt Practices Act, the U.K. Bribery Act, international conventions against corruption, and similar anti-bribery laws of other countries. These anti-corruption laws generally prohibit direct and indirect corrupt payments to foreign officials. Enforcement has increased significantly in the last few years and will continue to be a major factor to any organization operating globally. The course will use recent SEC and DOJ investigations (such as the case against former U.S. congressman from New Orleans, William Jefferson) to illustrate the basics of these anti-corruption laws. The course will also cover other areas in the international trade regulatory regime such as export controls, anti-boycott, anti-money laundering, and fraud prevention. Other areas addressed by the course include the scope of international anti-corruption laws, identifying a government official, identifying red flags in business partners, conducting due diligence, exceptions to the laws, assessing third party risk, and other areas that play an integral role in counseling clients doing business abroad. We will review the elements of a comprehensive corporate compliance program and mechanisms used to implement compliance procedures and internal controls in an organization. The course will also address the cultural challenges presented by certain countries and industries. Students will be expected to participate in case studies and exercises designed to apply legal principals to situations that arise in the practice of law.
MINI 6180 Real Estate Contracts (1 Credit Hour)
This course will examine the negotiation of a number of real estate contracts and the skills and methods of lawyers who handle transactions. The contracts include a purchase agreement, a construction loan commitment, purchase and remediation agreements for a brownfield site, a workout (loan modification) agreement and a management agreement for a senior living facility. The course materials will include a case study for each transaction and a form of the agreement, with an indication of the matters that most concern the party that receives the initial draft. The course will take up the rules of law that motivate and constrain the contents of particular agreements.
MINI 6181 Real Estate Contracts II (1 Credit Hour)
This course will examine the negotiation of a number of real estate contracts and the skills and methods of lawyers who handle transactions. The contracts include an office lease, a shopping center lease for a small tenant, a reciprocal easement agreement for a shopping center, an LLC agreement between a developer-manager and high net worth investors, an owner-architect contract and an owner-contractor agreement. The properties will include an office building, a shopping center, a warehouse and one to be determined. The course materials will include a case study for each transaction, a form of the agreement, and the response of the party that receives the first draft. The course will take up the rules of law that motivate and constrain the contents of particular agreements.
MINI 6190 Representing Physicians (1 Credit Hour)
This course will be begin with an overview of general issues in healthcare law but will focus primarily on practical legal issues physicians face in the current healthcare world and how lawyers can be prepared to counsel the physicians facing those issues. This mini-course will address issues as diverse as anti-trust and ERISA to medical staff and peer review, from the viewpoint of a practitioner who specializes in representing physicians.
MINI 6250 Corp Law & Hostile Acquisition (1 Credit Hour)
This is an advanced corporate law course focusing on state corporate law, corporate governance, the fiduciary duties of directors and the rights of stockholders in the context of hostile acquisitions. This course will emphasize the practical aspects of corporate law and will cover hostile acquisitions from a bidder’s perspective (which will include takeover approaches, takeover negotiations, takeover techniques, and the structuring and pricing of offers), hostile acquisitions from a target’s perspective (which will include advanced preparation, structural changes to reduce vulnerability, and responding to acquisition offers), proxy contests and stockholder activism. Business Enterprises is a prerequisite for 2L students and a prerequisite or co-requisite for 3L students.
MINI 6300 Transnational Law (1 Credit Hour)
Transnational law, sandwiched between national law and international law, is not easy to define. It involves a number of diverse cross-border phenomena, found in all areas of the law, that depend to a greater or lesser extent on the existence of and legal structures provided by the nation state. Some rules, such as systems of religious law or lex mercatoria, exist beyond nation states. Yet others, such as the European Union, involve nation states and at the same time transcend traditional concepts of nationhood and put in question some of the nation state’s most basic concepts (such as identity and sovereignty). The actors in this sphere are equally diverse and can involve nation states, regional and international organizations, non-governmental organizations and bodies, multi-national enterprises, or private citizens.
MINI 6360 Venture Capital (1 Credit Hour)
This course highlights the fact that every society – and the work of national lawyers – is today affected by legal structures and developments that exist and take place beyond its borders. A distinction can be drawn between the interaction of national systems of law, the development of regional systems of law by nation states that have the potential to transcend and exist beyond nation states, and transnational law that does not depend on the existence of nation states. The European Union, to some extent, features all three characteristics of transnational law and serves as a case study that introduces students in greater detail to a unique and influential regional system of law.
MINI 6370 Political Investgns & Impeachm (1 Credit Hour)
This course looks at issues at the intersection of politics and law that arise in investigations of public officials, including in impeachment proceedings. Topics will include criminal investigations, congressional inquiries, the role of defense counsel, and standards and processes for impeachment and removal of a U.S. president and other high-level government officers. Both the legal framework and practical political considerations will be considered. This course will be taught by Ross Garber, chair of the Government Investigations and White Collar Crime Group of Shipman & Goodwin LLP (Washington, D.C.), whose practice concentrates on representing government officials in investigations and who has served as lead defense counsel to three U.S. governors facing impeachment.
MINI 6380 Law and Culture (1 Credit Hour)
In law schools all around the world, students learn the law—its statutes and decisions, its spirit, how laws combine into a rational whole—and are trained in the practice of law. The teaching of law is therefore based on a twofold premise: it is expressed in the form of rational, normative propositions (rules, principles or procedures), which are supposed to be applied or be capable of application. Lawyers do not like to go into the details of the effectiveness of the law, or to know why a law is respected here and bypassed there; their domain is the world of legal form. This course aims to lift the lid on legal form to un-derstand the complex mechanisms, of an anthropological nature, that the law relies on to be capable of general application. I will identify some of these mechanisms and demonstrate how under-standing them can help lawyers to better practice their profession. Today, understanding these mechanisms is more pertinent in our globalized world, where people, goods and businesses circulate widely and carry a cultural baggage that we remain unaware of. Culture, as presented here, is a set of answers to questions that we rarely ask ourselves: this is why the final exam will consist of discovering a question for something you may consider obvious.
MINI 6450 Intro to Chinese Maritime Law (1 Credit Hour)
This introductory course aims to convey to the student the primary knowledge of the shipping law and practice of the Mainland of China. The key sectors which are to be covered include Chinese legal system, setting up in China, contracting with Chinese entities, carriage of goods by sea, shipping contracts, ship and ship-related rights, marine casualties, marine insurance, agency, dispute resolution and maritime procedural law. This course intends to present the unique features of Chinese shipping law and tries to prepare the students for recognizing and dealing with uncomplicated legal issues in relation to Chinese shipping industry.
MINI 6500 Rights of Native People (1 Credit Hour)
This course is on the rights of native peoples. We will concentrate on the United States, South America, Australia and New Zealand. We will look into the origins of the laws affecting native peoples, how they have changed over the years, and how differently these issues have been handled in various parts of the world both in theory and practice. Will also look into the efforts to create international law on the rights of indigenous peoples.
MINI 6650 Public Co Reporting Practicum (1 Credit Hour)
This course is designed to provide a hands-on and practical introduction to disclosure issues and practices of publicly traded companies. The course will address disclosure issues and topics under the federal securities laws and the various rules and regulations thereunder. The course will also cover select corporate governance issues, such as director independence, committee composition and duties, shareholder approval of certain matters, and other exchange listing requirements (NYSE and/or NASDAQ rules). This is an advanced course that is designed to teach students how to approach and solve problems relating to public company disclosure issues, focusing on the structure and content of disclosure and available resources. The course will be designed to simulate the issues and tasks that an attorney would perform in representing a public company in practice. It is primarily designed for students who intend to practice corporate or securities law and represent companies in connection with public filings with the Securities and Exchange Commission and the sale of securities.
MINI 6760 Trans Atlantic Trade (1 Credit Hour)
This course focuses on the trade relationships between the United States and the European Union. Transatlantic trade and investment are of great importance to the U.S. despite the country’s close ties to Canada and Mexico (NAFTA) and the rise of other vibrant economies such as China, India or Brazil. The interaction between the U.S. and the EU, set to further expand in the wake of the ongoing negotiations about a Transatlantic Trade and Investment Partnership (TTIP), also sustains a large number of high-profile legal jobs in a wide range of 1and as a job market for law school graduates, makes the course offering highly relevant for TLS. The course provides an analysis of the current state of transatlantic trade, traces past efforts at harmonizing key regulatory differences between the U.S. and the EU, and offers insight into the difficult and highly controversial TTIP negotiations. Students are invited to consider differences in law and the wider societal paradigm which make transatlantic trade a lucrative but complex and sometimes frustrating exercise. Specific examples such as data protection, trade in genetically modified organisms (GMOs), health and safety issues, environmental concerns, or the use of international commercial arbitration as a mechanism for dispute resolution highlight both the value of further convergence between the two systems and the challenges that policymakers face in their latest endeavors to close the gap.
MINI 6850 Reproductive Rights & Law (1 Credit Hour)
This course will focus on the 2018 Louisiana Legislative Session as a means of understanding the legislative process, civic engagement with that process, and policy and legal concerns that proposed legislation can raise – all within the context of understanding the legal framework surrounding abortion access and reproductive rights. The course will include legal and policy analysis of the most significant U.S. Supreme Court cases involving abortion rights, as well as an overview of the statutory and regulatory landscape applicable to abortion in Louisiana. With that backdrop, the course will then take a hands-on approach to the Louisiana Legislative Session, focusing on proposed bills that will impact reproductive justice. Guest speakers will help students to understand the policy implications – both intended and unintended – related to the proposed bills, as well as other legislation proposed or passed during recent legislative sessions. Each student will select one proposed bill, and learn how to draft messaging guidance, draft and coordinate testimony for the legislative committee hearings, and how to assess the policy implications and likelihood of success in a subsequent legal challenge. Students will draft a research paper incorporating those elements. For the final project, students will have the opportunity to draft their own proposed legislation, which will be incorporated in a research paper that examines the policy considerations related to their bill and why they think the bill would withstand judicial scrutiny. If scheduling allows, students will be able to attend a committee hearing at the Legislature regarding one of the proposed bills, and see the legislative and advocacy process in action.