Week One: Law in a Global Context
Professors Cedrone, Koplow, Lederman, McMahon, and Rolland
J.D. Course 611
| 1 credit hours
All first-year students will have the opportunity to request a seat in the optional one-week, 1-credit course “Week One: Law in a Global Context,” which takes place January 11-15, 2016. A lottery will be conducted in the Fall semester for interested students. Enrolled students must attend every class session and are graded on a pass/fail basis. Students who matriculated prior to Fall 2015 are required to complete the course “Week One: Law in a Global Context,” and if they failed to complete this requirement in their first year, they will be automatically enrolled in their upperclass years. Through lectures, discussion sessions, and simulation exercises, the course introduces students to lawyering in a transnational setting so they can begin to understand how legal problems increasingly transcend national boundaries. The course also demonstrates the importance of the careful analysis of statutes, regulations, and international agreements, as distinct from analysis of common law cases.
In a simplified but realistic legal setting, students use a closed packet of materials to address one of two legal problems, described below. The course is taught entirely as a problem-based exercise and has a strong skills component. Students are put in roles and collaborate and strategize with others on their team; depending on the problem, they may also negotiate with those on opposing sides, participate in key witness or client interviews, take part in a judicial hearing, and/or make a client presentation of their legal findings.
Course Structure, Requirements and Attendance
Week One consists of roughly 3-4 hours of classroom time each day Monday through Friday, January 11-15, 2016. While students will be led through some of the material by their faculty director in daily lectures, much of the work is done in small group meetings, sometimes facilitated by full-time faculty or alumni volunteers, with the assistance of upperclass Global Teaching Fellows. Mandatory attendance is required for all class sessions.
More information on how to participate in the lottery for Week One seats will be provided to students in the Fall semester. Students should be sure to keep the Week One dates in mind as they make travel plans for January.
Description of Week One Problems
The Week One problems for this academic year will be as follows:
Professors David Koplow, Marty Lederman, and Sonia Rolland
This problem features an attempt by the United States to secure the extradition of two suspected terrorists who have been indicted in federal court for participating in terrorist acts on U.S. soil. In the initial indictments, the United States seeks the death penalty, a punishment which is likely to make it difficult for the countries in which the defendants now reside – France and Russia – to extradite under the international human rights treaty to which their nations are parties. Specifically, students will be asked to evaluate whether the European Convention on Human Rights bars extradition in the circumstances of the cases, working within an assigned role as counsel for one of the defendants or one of the governments or as a judge on the European Court of Human Rights. They will also participate in a mock oral argument before, or serve as a judge on, the Court in the middle of the week. Finally, students will be asked to explore other means by which the United States might secure custody of the defendants should extraditions be foreclosed by treaty or otherwise denied. At the end of the week, the students will hear from a panel of experts, who in the past have included representatives of the Departments of State and Justice, human rights organizations, and federal counterterrorism and national intelligence organizations, on the likely real-life resolution of the issues embedded in the problem.
Anti-Corruption and International M&A
Professors Michael Cedrone and Susan McMahon
This problem is set in the context of a corporate acquisition where, during the due diligence phase of the deal, the acquiring U.S. company uncovers evidence of bribe-like payments made at the target company, a smaller foreign organization. Both companies are concerned that these payments may trigger liability under the Foreign Corrupt Practices Act (FCPA), a U.S. statute with a wide extraterritorial reach. Fearing criminal penalties and negative press, which in turn could threaten the viability of the deal, the acquirer and target companies have both engaged outside counsel to evaluate the potential risks associated with this diligence finding. Working as the outside counsel, students will interview key witnesses and assess the risks posed to their clients under the provisions of the FCPA. Students will then present their findings and recommendations to their client's general counsel, played by practicing lawyers from Georgetown Law's alumni network. In the second half of the week, students will participate in the continuing deal negotiations, working to address the potential FCPA issue(s) as well as other concerns raised confidentially with them by their clients, in the hopes of salvaging the deal. The focus of this problem is skills exposure and acquisition in a challenging and complex international context; students should expect intensive group work and a highly participatory environment.
Note: WEEK ONE COURSE. This course will meet for one week only, on the following days: Monday, January 11, 2016, through Friday, January 15, 2016. This course is mandatory pass/fail, and does NOT count toward the 7-credit pass/fail limit for J.D. students. This optional elective course is for first-year J.D. students, and is enrolled through a lottery process. Attendance at all class sessions is mandatory.
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