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LLM in International Criminal Law
Course Descriptions
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Course Descriptions
How to Apply
For more information about the LLM in International Criminal Law or to apply please contact:
Iwona Hrelja-Valdivieso
Email:
ixk91@case.edu
Phone: 216-368-0994
Watch the International Law Program Video
Course Descriptions
Course Descriptions
Last Updated 2/6/2013 8:38:09 AM
International Criminal Law and Procedure - 3 Credits
(Professor Michael Scharf
)
This course surveys selected issues and current problems involving the criminal aspects of international law and the international aspects of criminal law. The course begins with an introduction to the origins and purposes of international criminal law. We will then explore the contours of the duty to prosecute those who commit international crimes. Next, we will focus on application of domestic and international law to the question of jurisdiction over international criminal activities. This is followed by three units examining substantive international criminal law as contained in multilateral treaties concerning terrorism, war crimes and crimes against humanity. Next, we will explore the procedural aspects of international cooperation in criminal matters, with particular attention to extradition and problems associated with obtaining evidence from abroad. We will also analyze the reach of U.S. constitutional protections to U.S. investigative and law enforcement activities overseas. Finally, we will study the Yugoslavia, Rwanda, Sierra Leone, Cambodia, and Lebanon War Crimes Tribunals and the permanent International Criminal Court. The class will be seminar-format, with short writing assignments, weekly simulations, and role-play exercises designed to bring the materials to life. There will be no final exam.
Counter-terrorism Law and Policy – 2 Credits
(Adjunct Professor Justin Herdman
)
This course examines counter-terrorism law and policy in the United States, Israel, and other countries. The course will examine the competing conceptions and definitions of terrorism at the national and international level and the institutions and processes designed to execute the "war on terrorism." This will include study of the balance between security and liberty policies in the U.S. Patriot Act, the use of military tribunals or civil courts, the use of assassination or targeted killings, and the emerging law on enemy combatants and their detention, and the arguable need for new self-defense doctrines at the global level.
Cyberlaw - 2 Credits
(
Professor Jacqui Lipton
)
This course deals with how the law regulates and otherwise applies to activities taking place in 'cyberspace.' It considers how existing legal principles are being modified and extended in the digital information age to meet the needs of society, particularly in relation to electronic commerce. As the nature of dealings in cyberspace develops and new legal problems emerge over time, the focus of the subject may change to reflect current legal issues. However, topics for discussion will be drawn from the following: the nature of the internet, legal regulation of cyberspace vs. self-regulation, the relevance of international law/international regulation, e-commerce contracting, 'property' in cyberspace with particular reference to intellectual property, trademarks and domain names, defamation on the Internet, online crime (e.g., fraud, pornography, etc.), information privacy and security, online dispute resolution and associated conflicts of law issues.
Global Financial Integrity Lab – 3 Credits
(
Professor Richard Gordon
)
In this course, which is offered alternately as either a lab or a seminar, students study and research key aspects of the international financial system integrity rules, with a focus on the anti-money laundering and terrorism financing standards of the Financial Action Task Force (FATF) and the Basel Core Principles on Banking Supervision of the Basel Committee (as well as similar standards promulgated for other financial institutions). When offered as a lab, the course engages students in projects for a variety of organizations involved in improving the integrity of financial institutions, including the FATF (as well as FATF-style regional bodies), the International Monetary Fund, the World Bank, the United Nations Office on Drugs and Crime, and locally based governmental and non-governmental organizations.
Homeland Security Lab - 3 Credits
(
Various Professors
)
The DHS/USCG Lab provides students with the opportunity to conduct research and prepare legal memoranda addressing issues submitted by the US Department of Homeland Security and the United States Coast Guard. Students will meet for lecture sessions that provide a background into the issues presented, including border security, Great Lakes laws, immigration, administrative law, and the environment. The student's work product will be submitted to, and utilized by, DHS/USCG.
International Antiquities/Archaeology Law – 2 Credits
(
Professor Dale Nance
)
This course addresses the private and public law relating to the ownership, sale, use, and repatriation of archaeological artifacts other than human remains. The readings include excerpts from articles and books regarding the international trade (legal and illegal) in such artifacts. Significant attention is given to international law, such as the UNESCO Convention on Cultural Property.
International Human Rights – 2 Credits
(
Associate Professor Avidan Cover
)
This course examines a variety of issues in the area of international human rights. Issues covered will include the law of treaties and treaty interpretation; international organizations’ and non-governmental organizations’ roles in protecting human rights; the rights of women and minorities; critiques of the idea of “universal” human rights; and the Alien Tort Claims Act. In addition to covering the procedure and substance of the international system for protection of human rights, we will also discuss human rights under various domestic legal systems from a comparative perspective. Grade is based on the final exam, class participation and possibly a group project
International Humanitarian Law - 1 Credit
(
Adjunct Professor Greg Noone
)
The course is taught in two all-day Friday-Saturday sessions in January and February by international humanitarian law expert Gregory Noone, who served as Head of the Foreign Military Rights Affairs Branch of the Office of the Judge Advocate General at the Pentagon. Using case studies as well as simulations and role-playing exercises, the course will address the field of international humanitarian law as a whole, including the law of armed conflict, international criminal law, international human rights law, and the role of international organizations such as the ICRC and U.N. The objective of the course is to convey the reality of international law. Like humanitarian law itself, the course will not deal solely with legal disputes or judicial matters, but with practice and real life situations. The course grade will be based on a paper that will not satisfy the Writing Requirement.
International Intellectual Property Law - 2 Credits
(
Professor Craig Nard
)
This course examines issues related to the international protection of intellectual property via civil and criminal actions. The course will survey various international agreements and treaties for copyright, patent, and trademark, focusing on the Agreement on Trade Related Aspects of Intellectual Property (TRIPs) of the World Trade Organization. In addition to exploring the basic concepts of territoriality, national treatment, and minimum standards, we will consider political and policy concerns related to efforts to secure and strengthen protection of intellectual property around the world.
International Law - 2 Credits
(
Professor Michael Scharf
)
An introduction to basic comparative, transnational, and international law disciplines. Using areas of substantive and procedural law familiar to first-year students, the course examines issues arising from cross-national activity. Students are exposed to choice of law, comparative law, international law, and international institutions.
International Environmental Law – 2 Credits
(
Professor Jonathan Adler
)
This course examines selected issues and current problems in international environmental law, with a particular focus on transboundary environmental problems, global “commons,” and the development, implementation and enforcement of international environmental agreements. Requirements for the class will include several short writing assignments and weekly simulations and role-play exercises.
International Law and the Death Penalty – 2 Credits
(
Professor Michael Benza
)
The course will focus on the legal status of the death penalty as a matter of international law as well as the impact of international law on domestic use of the death penalty with a focus on the U.S. Topics to be explored include the role of the death penalty in international criminal justice, impact of domestic death penalty on international relations, foreign nationals on death row, mental illness and other status issues, and other procedural and substantive issues of retention and abolition.
International Organizations – 3 Credits
(
Professor Michael Scharf
)
This Course deals with legal issues surrounding some common characteristics of intergovernmental organizations having wide membership, with an emphasis on the United Nations systems including the several international war crimes tribunals. Many of the issues are constitutional or procedural; that is, they have to do with the powers of, and restrictions upon, the organizations or their members as set forth in the constituent instruments of the organizations or as developed in practice. Issues such as eligibility for membership and termination thereof, rights and obligations of members, dispute resolution, and legislative procedures will be addressed comparatively. The growth of international law through intergovernmental organizations is also addressed.
International Tax – 2 Credits
(
Professor Richard Gordon
)
This survey seminar examines the broad policies underlying income taxation in the international arena with a focus on residence- and source-based justifications for income taxation, the ways that these bases of taxation come into conflict, and the various methods that countries use to mitigate the potential damage from competing tax claims. The seminar will explore these concepts by focusing on a variety of specific international tax problems including harmful tax competition, negotiation of bilateral tax treaties, and the effect of e-commerce on source rules. Other topics that may be covered include offshore financial centers, or tax havens, tax treaties and treaty tax shelters.
International Tribunal Externship – 12 Credits
(several professors)
This program provides opportunity for students to participate in a semester long program with an international criminal tribunal program arranged through the Cox International Law Center. The program is closely supervised by Case Western Reserve Law Professors (including a site visit) and an on-site externship adviser provided by the Tribunals. Once a week during the externship, the student is required to submit a two page report by e-mail to the Case Law Professor who is serving as the Student's faculty supervisor for the Tribunal Externship. The weekly reports shall (a) describe the projects the student has worked on at the Tribunal during that week; (b) pursuant to the “learning agenda” provide an analysis of the lessons learned from the externship experience about a substantive area of law, an issue related to the practice of law, and/or the student’s professional goals; and (c) alert the faculty supervisor to any problems the student might be encountering, so that the faculty advisor can intervene with the Tribunal Internship Coordinator if appropriate. In addition, the student shall provide the faculty adviser copies of the student's written work product if possible under the Tribunal's rules of confidentiality. The faculty adviser in turn will provide weekly feedback (comments, suggestions, and queries) to the student by reply e-mail.
International War Crimes Research Lab – 3 Credits
(
Professors Michael Scharf
and
Carol Fox
)
Students in this unique course undertake legal research projects for various international criminal tribunals (including the International Criminal Court, the Special Court for Sierra Leone, the Extraordinary Chambers in the Courts of Cambodia, the Special Tribunal for Lebanon, the International Criminal Tribunal for Rwanda, and the International Criminal Tribunal for the former Yugoslavia). They prepare memoranda on selected issues related to current tribunal cases. The course sessions explore the development of international criminal law and the establishment of the tribunals, as well as their jurisprudence and their Rules of Procedure and Evidence. Grades are based on the quality of student papers and in-class presentations. Completed research projects along with their accompanying source notebooks become part of the tribunal libraries.
Intervention and Law: Iraq and Vietnam – 2 Credits
(
Professor Robert Strassfeld
)
Using the examples of American intervention in Vietnam and Iraq, this course examines some of the international and domestic legal issues raised by war and military intervention. Among the topics covered will be the legal justifications for intervention and the arguments for the illegality of the two wars; constitutional limits on executive war making powers; the justiciability of issues of war and peace under U.S. law; the draft, the volunteer army, and conscientious objection; GI rights and GI dissent; the law of war and international humanitarian law and the recurring problems of massacre, murder, and torture.
National Security Law – 2 Credits
(
Professor Robert Strassfeld
)
Provides a study of the separation of powers in national security matters, presidential war powers, congressional and presidential emergency powers, the domestic effect of international law, the use of military force in international relations, investigating national security threats, the Freedom of Information and Privacy Acts, access to national security information in the federal courts, and restraints on disclosing and publishing national security information. The course builds upon a strong foundation of constitutional law and addresses the fundamental tension that exists in our foreign and domestic affairs by virtue of the constitutional separation of powers between the respective branches of government. Several classroom hours will be spent dealing with constitutional war powers and how the executive and legislative branches have tried to define their respective measures of expressed and implied power with regard to the Vietnam War, the War Powers Resolution of 1973, and more recent US incursions such as the first Persian Gulf War and the most recent invasion of Iraq.
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