MINI 4810 Socio-Economic Rights (1)
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 4980 Law of Climate Change (1)
This one-credit class is a practical introduction to negotiation of international agreements, with a focus on climate change. Through the climate lens, students will explore cross-cutting features of international agreements, the process of international negotiations, the development of national positions, advocacy of national positions internationally, and the many ways in which differences among negotiating countries are resolved. The class will also examine the history and substance of the climate change regime, including, inter alia, the 1992 UN Framework convention on Climate Change, the 1997 Kyoto Protocol, the 2009 Copenhagen Accord, the 2015 Paris Agreement, and post-Paris developments. The class will include a mock negotiation and a take-home final exam. This class will be taught by Sue Biniaz, a Senior Fellow at the UN Foundation who previously served for thirty years in the State Department's Legal Adviser's Office.
MINI 5040 Legal Scholarship Workshop (1)
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. The faculty conveners are: Adam Feibelman (Tulane, Law) Blair Druhan Bullock (Tulane, Law), and Steve Sheffrin (Tulane, Murphy Institute). 1 credit, pass/fail.
MINI 5041 Legal Scholars Wkshp, Advanced (1)
Continuation of Legal Scholarship Workshop.
MINI 5070 Cruise Line Legal Liability (1)
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)
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)
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. The course will be taught by Jason P. Waguespack (L'91) of the firm Galloway, Johnson, Tompkins, Burr & Smith.
MINI 5300 Corporate Governance (1)
This mini-course is taught by Louis Fishman, with a likely appearance by David Bonderman. Other distinguished guests are expected from time to time. 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 3 Ls, but 2 Ls are also welcomed.
MINI 5490 EU Competition (Antitrust) Law (1)
The course will consider a critical area of European Union business law: competition/antitrust law. It begins with a sketch of European Union law with specific reference to how the Union regulates trade, corporate establishment and the institutions that enforce these policies. It then turns to the two relevant European Union treaty articles: Article 101, which governs multi-firm conduct (agreements between business entities), and Article 102, which observes single firm conduct (abuse of dominant position). It is not necessary to have taken either Antitrust or European Business Law to enroll in the course.
MINI 5620 Human Rights Discourse (1)
This course will explore key themes of human rights protection through the lens of U.S. and foreign court decisions.
MINI 6040 Anti-Racist Lawyering (1)
Amidst the twin pandemics of corona virus and longstanding structural racism, this mini course will immerse students in readings, analysis and conversation about how law is frequently used to perpetuate anti-black racial harms and hierarchies and how students might use their legal education to disrupt those hierarchies. In a series of workshops, leading scholars, practitioners, organizers, and community members will address both historical civil rights barriers as well as current proposals for eliminating structural racism across the criminal justice, voting, education, housing, health/environmental and other sectors. Students will be assigned a series of prompts for preparation of reflection papers and essays.
MINI 6080 Roman Law (1)
Peace, liberty guaranteed by clear-cut rules, social interaction guided by value-laden principles-it is by these ethical and rational contents, deeply grounded and diligently elaborated in its religious, philosophical, and political history, that Roman Law has become part of the common heritage of the world's jurisprudence. As the course will illustrate in telling detail and general overview, Roman Law is in fact inspired from its beginning by the humanly valid idea that human life has to realize and to reconcile two seemingly contradictory ends, individual freedom an the reliable cooperativeness. Notably, slavery, omnipresent in its day, was branded by Roman lawyers an institution against human nature, thus paving the way for its abolition in modern times.
MINI 6150 Int'l Anti-Corruption (1)
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)
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)
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)
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. Tulane medical students will also attend several of the classes, and there will also be several attorney and physician guest instructors.
MINI 6250 Corp Law & Hostile Acquisition (1)
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 6370 Political Investgns & Impeachm (1)
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 6450 Intro to Chinese Maritime Law (1)
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 6650 Public Co Reporting Practicum (1)
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.