Spring 2017 - Elective Courses
Comparative Tax Systems
Ann Mumford, The Dickson Poon School of Law, King's College London
Ann O'Connell, Melbourne Law School
This course provides a comparative perspective on the tax systems of
various countries. The aim of the course is to develop an understanding
of the reasons why tax systems differ and why they are sometimes so
similar. The course will analyse the characteristics that many tax
systems have in common, the areas in which tax systems differ and the
factors (legal, political, economic, social and cultural) that cause
these similarities and differences. The course will cover areas such as
tax at different levels of government, different types of taxes
(including income taxes, consumption taxes, capital and wealth taxes and
environmental taxes), tax administration and tax policy making and
3 credits. Evaluation: Attendance and Class participation (including a class presentation) (20%), Final paper (4000 words) (80%).
Law and Technology – Theoretical and Critical Perspectives
Ugo Pagallo, University of Torino
Guy Pessach, Hebrew University
The increasing role of technology in humanity raises constant major challenges to law in a variety of moral, theoretical and doctrinal dimensions.The purpose of this course is to analyze the digital world through the prism of legal regulation and/or vice versa (analyzing legal regulation through the prism of digital technologies).Along with discussing the interface of law and technology through a variety of critical theoretical perspectives, the course will then focus on specific topics and case studies as "laboratories" for assessing contemporary approaches to law &technology.Among the topics to be discussed are: data protection, the law of robotics, computer crimes, cybersecurity, digital copyright, informational privacy, digitized cultural preservation, ISPs and third parties liability and net neutrality.
2 Credits. Evaluation: Class participation (30%); a final research paper (4000 words) (70%).
For 1 extra credit, up to six students who need to fulfill a graduation requirement at their home university may write a major research paper. To obtain the extra credit, the student must (a) turn in a written outline of the paper for faculty comment relatively early in the semester, (b) turn in a complete first draft for faculty comment two-thirds of the way through the semester, and (c) write a paper of 6,000 words, not including footnotes.
Please note that this course has been approved as a WR course for Georgetown students.
Ocean Law and Policy
David Caron, The Dickson Poon School of Law, King's College London
This course concerns the international law relating to the oceans. The text used is Donald Rothwell and Tim Stephens, The International Law of the Sea (2nd Ed., Hart, 2016). To further illustrate the law through a current controversy, the text will be supplemented by references to the 2016 Arbitral Award in the South China Sea Arbitration. Topics include the history of law of the sea, the treaty framework and dispute resolution for subjects such as fisheries, climate change, shipping and law enforcement. A field trip is planned. Because Professor Caron is in The Hague as a Member of the Iran-United States Claims Tribunal for some weeks during the term, the course will be scheduled with two two hour blocks per week so that rescheduling of classes is not necessary. The detailed syllabus will specify the exact dates that the course will meet.
2 credits. Evaluation: Class participation (20%), Final take-home exam (2,500 words, 8 hours) (80%)
Not-for-Profit Law: Theoretical and Comparative Perspectives
Ann O'Connell, Melbourne Law School
Not-for-profit entities occupy a unique place in most societies and the interaction between such entities and the law that applies to them is very much on the legal and political agenda in many countries around the world. There is debate about what constitutes a ‘not-for-profit’ (NFP) entity, the scope of and contribution of the NFP sector and even what it should be called. There is also debate about the nature of tax and other privileges accorded to NFP entities and how (if at all) the sector should be regulated. This course will consider theoretical and comparative perspectives on the relationship between the NFP sector and government and between the sector and the market. It will also consider the push in various countries to introduce reforms that aim to enhance the capabilities of the sector but also to regulate it and to minimise abuse of various privileges.
2 Credits. Evaluation: Attendance and Class participation (including a class presentation) (20%), Final paper (4000 words) (80%).
Transnational and International Criminal Law
Julie O'Sullivan, Georgetown Law
In Transnational and International Criminal Law, we begin by examining the basics: what criminal law is supposed to do and the fundamentals of international law and jurisdiction. We then study issues relating to transnational application of domestic penal codes, studying comparative criminal procedure and sentencing, extradition, and immunities. We will cover, using a comparative analysis, selected transnational crimes (like money laundering or corruption) as a vehicle for examining the efficacy of transnational application of domestic standards. The focus of the course then shifts to truly international, rather than transnational, law. We examine the history of international tribunals intended to enforce international crimes (Nuremberg, the ICTY, and the ICTR), and delve into the structure and operation of the International Criminal Court. We study substantive international crimes such as genocide and crimes against humanity, and focus on torture and crimes of sexual violence. The course closes with a consideration of alternatives to criminal prosecution, such as truth and reconciliation commissions.
3 credits. Evaluation: Class participation (20%), Final take-home exam (8 hours) (80%).
Elena D'Alessandro, University of Torino
This course is designed for students with interests in civil and commercial law in a transnational context and covers all major aspects of the conduct of cross-border cases in national courts.
In particular, students will be introduced to the most important issues involved in the resolution of a transnational dispute, such as:
- Advantages and disadvantages of court litigation vs.
- Jurisdiction of national courts (in cross-border cases) including choice of court agreements;
- Forum shopping;
- Service of process abroad;
- Impact of third-party financing on transnational litigation;
- Obtaining evidence abroad;
- Actual or potential relationship with other legal proceedings in the same or similar claim (e. g. forum non conveniens, anti-suit injunctions, lis alibi pendens);
- Transnational provisional relief;
- Recognition and enforcement of foreign countries judgments.
Learning by doing method will be applied. Class participants will experience some of the most important steps in cross-border disputes by putting themselves in the shoes of a counsel of one of the parties involved in a transnational litigation.
3 credits. Evaluation: Class participation (25%), Presentation (15%), Final take-home exam (8 hours) (60%).