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53 Annual Academy of American and International Law FACULTY
53rd Annual Academy of American and International Law May 15 – June 24, 2016 The Center for American and International Law Plano, Texas FACULTY JACK J. COE, JR., is a Professor at Pepperdine University School of Law. A specialist in private international law, Professor Coe's training includes advanced studies in Europe. He received his LL.M. at Exeter, where he was a Rotary International Graduate Fellow, the Diploma of the Hague Academy of International Law, and a Ph.D. from the London School of Economics. He clerked for the Honorable Richard C. Allison at the Iran- U.S. Claims Tribunal, the Hague and now consults with governments and multinational corporations in relation to commercial and direct investment disputes under the NAFTA and Bilateral Investment Treaties. He has taught in international programs for Notre Dame and the University of San Diego Law Schools. He has authored numerous articles on arbitration, private international law, and related topics and authored the books Protecting Against the Expropriation Risk in Investing Abroad (co-authored with R.C. Allison) (1993),International Commercial Arbitration-American Principles and Practice in a Global Context (1997), and NAFTA Chapter 11 Reports (ed., with Brower and Dodge) (2006). He also is on the editorial panel for Oxford University Press' investor-state arbitration project. Professor Coe is an elected member of the American Law Institute, and an associate reporter for the Restatement (Third) on the Law of International Commercial Arbitration. He has been chair of the Academic Council of the Institute for Transnational Arbitration and chair of the Disputes Division of the ABA International Law Section. -
Juris Doctor Program 1
Juris Doctor Program 1 substantive law, develop legal skills, and learn professional values in JURIS DOCTOR PROGRAM actual practice settings. • The Criminal Prosecution Field Placement Program gives students Law Programs an opportunity to work with prosecutors in Kansas state district The First-Year Curriculum attorneys’ offices as well as the office of the U.S. Attorney. They First-year students take courses that ensure they are well grounded in the participate in nearly all phases of the criminal process, including trial subject matter that lies at the heart of the Anglo-American legal tradition work. and that provide a foundation for upper-level classes and for the practice • In the Elder Law Field Placement Program, students work under the of law. Two aspects of the first-year curriculum — the lawyering course supervision of experienced attorneys representing clients in matters and the small-section program — contribute immeasurably to the process such as income maintenance, access to health care, housing, social of learning the law at KU. security, Medicare/Medicaid, and consumer protection. • The Field Placement Program provides students an opportunity to The lawyering course focuses on the skills and values of the profession. perform legal work under the supervision of a practicing attorney Taught by faculty members with extensive practice experience who at pre-approved governmental agencies and public international meet weekly with students in both a traditional classroom setting and organizations. small groups, the course introduces students to the tools all lawyers use • Students in the Judicial Field Placement Program serve as interns for and helps bring students to an understanding of the legal system and state and federal trial judges in Kansas City, Topeka, and Lawrence. -
Rights As Signals
RIGHTS AS SIGNALS DANIEL A. FARBER* ABSTRACT Because rights operate as trumps over normal governmental interests, they have an inherent cost. Consequently, by entrenching protection for human rights, govern- ments can signal a willingness to give up power in the short term to obtain long- term benefits. Investors can infer from this that the government has a low discount rate and is less likely to pose a threat of expropriation. Similarly, when courts vig- orously enforce human rights, they dramatize their judicial independence, which is valuable to investors, who themselves may have no interest in human rights. Thus, human rights enforcement may help encourage investment and thereby indirectly foster economic growth. I. INTRODUCTION CAN developing countries afford human rights and the rule of law? Perhaps not, according to Richard Posner. Posner advises poorer countries against "creating a first-class judiciary or an extensive system of civil liberties."' Although he is by no means opposed to judicial independence and human rights, he argues that they should largely await economic growth.2 From this point of view, the dramatic recent expansion of constitutionalism is a bit perplexing, if not a mistake. Posner's argument can be challenged on several grounds. Although he minimizes the importance of an independent judiciary to development,' the current consensus among economists is apparently to the contrary.' Some * McKnight Presidential Professor of Public Law, Henry J. Fletcher Professor of Law, and Associate Dean for Faculty and Research, University of Minnesota. Thanks to Jim Chen, David McGowan, Eric Posner, and Tom Ulen for helpful comments. 'Richard A. Posner, Creating a Legal Framework for Economic Development, 13 World Bank Research Observer 1, 9 (1998). -
Valuing Modern Contract Scholarship
Responses Valuing Modern Contract Scholarship Ian Ayrest I. INTRODUCTION Eric Posner has written a thoughtful and provocative indictment of the modem economic analysis of contracts. His essay makes two central claims1 about the failings of scholars "to produce an 'economic theory.' Specifically, Posner claims that the economic approach "does not explain the current system of contract law" and that it does not "provide a solid basis for criticizing and reforming contract law."2 In other words, Posner claims that modem scholarship fails as either a descriptive or a normative theory, in that it fails to give an account of what current law is or what efficient law should be. The descriptive criticism deserves only brief comment. Although he claims that modem scholarship has failed to achieve "what its proponents set out as the measure of success, ' 3 Posner sadly distorts reality by claiming that the leading scholars have been engaged in an attempt to use economic theory to predict the content of current legal rules. This is a straw man. Of course, decades ago this was the project of Richard Posner. 4 But the thought that efficiency analysis would provide a mechanism to predict the details of current doctrine is a serious misreading of the aims of modem scholarship. t William K. Townsend Professor, Yale Law School, [email protected]. Alan Schwartz provided helpful comments. 1. Eric A. Posner, Economic Analysis of Contract Law After Three Decades: Success or Failure?,112 YALE L.J. 829, 830 (2003). 2. Id. 3. Id.at 879; see also id, at 831 ("[Tjhe original aspiration[] of the economic analysis of contract law [was] to provide an explanation of existing legal rules ...."). -
J.D. and LL.B. As the Basic Law Degree
Cleveland State Law Review Volume 12 Issue 3 Contributory Negligence Symposium Article 17 1963 J.D. and LL.B. as the Basic Law Degree Marcus Schoenfeld Follow this and additional works at: https://engagedscholarship.csuohio.edu/clevstlrev Part of the Legal Education Commons How does access to this work benefit ou?y Let us know! Recommended Citation Marcus Schoenfeld, J.D. and LL.B. as the Basic Law Degree, 12 Clev.-Marshall L. Rev. 573 (1963) This Article is brought to you for free and open access by the Journals at EngagedScholarship@CSU. It has been accepted for inclusion in Cleveland State Law Review by an authorized editor of EngagedScholarship@CSU. For more information, please contact [email protected]. J.D. or LL.B. as the Basic Law Degree? Marcus Schoenfeld* L EGAL EDUCATION IN THE United States is still evolving. In the past few decades the law schools have all but eliminated other means than law school study as preparation for the prac- tice of law. But, problems remain, especially in the area of content of the already crowded three-year day or four-year evening curricula, and in the area of graduate study. Compared to these major issues, the question of whether the first degree in law should be called an "LL.B." or a "J.D." seems trifling. Yet this is a very current question; the Special Committee on Graduate Study of the Association of American Law Schools is expected to report on this during the 1963 Annual Meeting. It is also ancient history, since "J.D. -
THE INFLUENCE of Two DECADES of CONTRACT LAW SCHOLARSHIP on JUDICIAL RULINGS: an EMPIRICAL ANALYSIS
SMU Law Review Volume 57 Issue 1 Article 5 2004 The Influence of woT Decades of Contract Law Scholarship on Judicial Rulings: An Empirical Analysis Gregory S. Crespi Southern Methodist University, Dedman School of Law, [email protected] Follow this and additional works at: https://scholar.smu.edu/smulr Part of the Law Commons Recommended Citation Gregory S. Crespi, The Influence of woT Decades of Contract Law Scholarship on Judicial Rulings: An Empirical Analysis, 57 SMU L. REV. 105 (2004) https://scholar.smu.edu/smulr/vol57/iss1/5 This Article is brought to you for free and open access by the Law Journals at SMU Scholar. It has been accepted for inclusion in SMU Law Review by an authorized administrator of SMU Scholar. For more information, please visit http://digitalrepository.smu.edu. THE INFLUENCE OF Two DECADES OF CONTRACT LAW SCHOLARSHIP ON JUDICIAL RULINGS: AN EMPIRICAL ANALYSIS Gregory Scott Crespi* I. INTRODUCTION VER the last two decades, a substantial and diverse body of con- tract law scholarship has been produced. Some of this work lim- its itself to applying traditional doctrinal categories and analytical approaches to new problems, while some also engages in eco- nomic analysis of various legal regimes, and some is empirical as well as analytical in nature. Much of this work is of a rather theoretical and ab- stract character. Consequently, one wonders whether this literature has had any discernable impact upon judicial practice, particularly in light of the declarations made by both prominent jurists and leading practitioners that most current legal scholarship has very limited relevance for attor- neys and judges,' and given recent studies that suggest declining rates of 2 citation of law review articles in judicial opinions. -
LEAVING CUSTOMARY INTERNATIONAL LAW WHERE IT Is: GOLDSMITH and POSNER's the LIMITS of INTERNATIONAL LAW
LEAVING CUSTOMARY INTERNATIONAL LAW WHERE IT Is: GOLDSMITH AND POSNER'S THE LIMITS OF INTERNATIONAL LAW David M. Golove* TABLE OF CONTENTS I. INTRODUCTION ......................................... 334 II. THE THEORETICAL FRAMEWORK ............................ 336 A. Self-Interested States? ................................ 337 B. The Supposed Weakness of Customary InternationalLaw ..... 343 Im. EMPIRICAL METHODOLOGY: GOLDSMITH AND POSNER' S APPROACH TO HISTORY ....................................347 IV. CUSTOMARY INTERNATIONAL LAW AND THE CIVIL WAR ........ 350 V. CONCLUSION ........................................... 377 * The Hiller Family Foundation Professor of Law, New York University School of Law. For helpful comments, the author is indebted to Eyal Benvenisti, John Ferejohn, Thomas Franck, Barry Friedman, Clay Gillette, Dan Hulsebosch, Stephen Holmes, Lewis Kornhauser, Mattias Kumm, Daryl Levinson, Susan Lewis, Rick Pildes, and all of the participants in the symposium. This Essay was presented at a symposium on The Limits of InternationalLaw, University of Georgia Law School, October 28-29, 2005. GA. J. INT'L & COMP. L. [Vol. 34:333 I. INTRODUCrION International legal scholarship has long suffered from too much normative theorizing and too little positive analysis about how the international legal system actually works. This inattention to the empirical and descriptive has alienated international legal scholars from their colleagues in political science departments and lent much of international law scholarship an utopian air. Whatever the historical source of this state of affairs, however, it is rapidly fading. A new generation of scholars, steeped in a variety of social scientific methodologies, has turned its sights on international law and is actively employing positive theories of state behavior to enhance legal analyses. These scholars have also begun to undertake empirical studies in an effort to provide support for their theoretical claims. -
Economic Analysis of Contract Law After Three Decades: Success Or Failure? Eric A
University of Chicago Law School Chicago Unbound Coase-Sandor Working Paper Series in Law and Coase-Sandor Institute for Law and Economics Economics 2002 Economic Analysis of Contract Law after Three Decades: Success or Failure? Eric A. Posner Follow this and additional works at: https://chicagounbound.uchicago.edu/law_and_economics Part of the Law Commons Recommended Citation Eric Posner, "Economic Analysis of Contract Law after Three Decades: Success or Failure?" (John M. Olin Program in Law and Economics Working Paper No. 146, 2002). This Working Paper is brought to you for free and open access by the Coase-Sandor Institute for Law and Economics at Chicago Unbound. It has been accepted for inclusion in Coase-Sandor Working Paper Series in Law and Economics by an authorized administrator of Chicago Unbound. For more information, please contact [email protected]. CHICAGO JOHN M. OLIN LAW & ECONOMICS WORKING PAPER NO. 146 (2D SERIES) Economic Analysis of Contract Law after Three Decades: Success or Failure? Eric A. Posner THE LAW SCHOOL THE UNIVERSITY OF CHICAGO This paper can be downloaded without charge at: The Chicago Working Paper Series Index: http://www.law.uchicago.edu/Lawecon/index.html The Social Science Research Network Electronic Paper Collection: http://ssrn.com/abstract_id=304977 Economic Analysis of Contract Law After Three Decades: Success or Failure? Eric A. Posner1 Abstract: Law and economics has failed to produce plausible descriptive theories of contract doctrines. This paper documents these failures and suggests that they are due to a methodological problem involving the concept of transaction costs. If transaction costs refer to writing or information costs, then rational individuals would agree to complex contracts that are not in fact observed, and contract law would, for the most part, have no other function than that of specifically enforcing contracts. -
The Origin of Ll.M. Programs: a Case Study of the University of Pennsylvania Law School
THE ORIGIN OF LL.M. PROGRAMS: A CASE STUDY OF THE UNIVERSITY OF PENNSYLVANIA LAW SCHOOL MATTHEW S. PARKER* ABSTRACT Graduate legal education programs, the most common of which is the Legum Magister or LL.M., have come under increasing criticism in recent years in the United States. Many observers have accused law schools of offering these degrees as a means of raising revenue, and maintain that they provide no real value to graduates obtaining the degree as they are not respected in the market for legal services. Despite these negative appraisals, the number, size and types of these programs have continued to grow rapidly at American law schools across institutions of widely varying sizes and reputation. While much has been written on the recent development and current state of graduate law programs, almost nothing has been written on how and why these programs came into existence, de- spite the fact that a number of U.S. law schools claim that their pro- grams were founded well over a century ago. As LL.M. programs continue to blossom and law schools attempt to address the rising tide of criticism aimed at them, law faculty and administrators would be well advised to examine the origin and history of these degrees. Is it possible that law schools have been hoodwinking in- nocent lawyers into getting a useless degree for decades? Who were these degrees originally intended for and who ultimately chose to * Matthew Parker was Associate Dean for Graduate Programs and Executive Director of Legal Education Programs at the University of Pennsylvania Law School. -
Advising Guide: Law School
Advising Guide: Law School What is Law School? law. Every state’s bar association is an independent entity and membership is not reciprocal (passing the The study of law is unique. The graduate degree in California bar admits a person to practice law here, law, a juris doctor (J.D.), is typically awarded upon but not in another state). The requirements for completion of a three-year program of full time admission differ by state, but generally involved study. While the law degree is a doctoral degree, a passing an exam with both writing sections and master’s degree is not a pre-requisite for admission to standardized test questions. law school, and most students begin law school after earning their bachelor’s degree. Tell me more about the kinds of jobs in The process of applying to law school is a long and the field of law . difficult one. A student should begin actively Experts in all kinds of fields are necessary to assist researching and planning as soon as they know that with the many facets of law. Business lawyers help they are interested in going to law school after people register new businesses, and prepare graduation. Applicants should plan to take the Law contracts for their employers. Tax attorneys analyze School Admissions Test (LSAT) no later than the tax consequences of business transactions. Real December of the year before they will begin law estate attorneys handle transactions involving the school. While law schools typically set application buying, selling, or leasing of property. Estate lawyers receipt deadlines in the early spring (some as early as assist with the disposition of property after a February 1st), students should send their applications death. -
Book Review Rationalism and Revisionism in International Law
BOOK REVIEW RATIONALISM AND REVISIONISM IN INTERNATIONAL LAW THE LIMITS OF INTERNATIONAL LAW. By Jack L. Goldsmith and Eric A. Posner. New York: Oxford University Press. 2005. Pp. 262. $29.95. Reviewed by Oona A. Hathaway*and Ariel N. Lavinbuk** INTRODUCTION International law has moved from the periphery to the center of public debate in the course of only a few short years. The ever- quickening globalization of politics, culture, and economics has prompted new efforts to find global solutions to global problems. In- ternational law now touches an astonishing array of activities. It gov- erns everything from the goods and services that cross state borders and the greenhouse gases that industries and consumers produce, to the circumstances that justify intervention in humanitarian disasters and the treatment afforded suspected terrorists. Of increasingly urgent concern, then, is whether all of this law actually makes much of a difference. Legal scholars have traditionally argued that it does. They have, for the most part, portrayed international law as a powerful and much-needed external limit on states' pursuit of their own short-term interests. Over the last half decade, however, Professors Jack Gold- smith and Eric Posner have aspired to revolutionize policymaking and scholarship by arguing precisely the opposite - an argument now pre- sented fully in The Limits of InternationalLaw. In their view, interna- tional law does not check self-interest but instead "emerges from states acting rationally to maximize their interests, given their perceptions of the interests of other states and the distribution of state power" (p. 3). * Associate Professor of Law, Yale Law School; Carnegie Scholar 2004. -
Judicial Independence in International Tribunals
University of Chicago Law School Chicago Unbound Journal Articles Faculty Scholarship 2005 Judicial Independence in International Tribunals Eric A. Posner John C. Yoo Follow this and additional works at: https://chicagounbound.uchicago.edu/journal_articles Part of the Law Commons Recommended Citation Eric Posner & John C. Yoo, "Judicial Independence in International Tribunals," 93 California Law Review 1 (2005). This Article is brought to you for free and open access by the Faculty Scholarship at Chicago Unbound. It has been accepted for inclusion in Journal Articles by an authorized administrator of Chicago Unbound. For more information, please contact [email protected]. California Law Review VOL. 93 JANUARY 2005 No. 1 Copyright © 2005 by California Law Review, Inc. Judicial Independence in International Tribunals Eric A. Posnert and John C. Yoot TABLE OF CONTENTS Introduction ............................................................................................. 3 I. Background on International Dispute Resolution ............................ 8 II. Independence and the Role of International Tribunals ..................... 12 A. Independence in the Domestic and International Spheres ....... 12 B. Why States Use International Tribunals ..................................... 14 1. Information Disclosure in Treaty Disputes ........................... 15 2. Information Disclosure in Customary International Law D isputes ............................................................................. 18 3. The Dispute Resolution Mechanism