Professor: Preston Torbert

This course reviews and discusses many specific examples of ambiguity. Students learn to identify the various forms of ambiguity in bilingual contracts (and English-only contracts) and how to eliminate them. The readings introduce students to the major types of ambiguity and both current and novel suggestions for overcoming them.

This course examines the law of the administrative state. In the contemporary United States, government is carried out through hundreds, if not thousands, of governmental agencies, wielding power not only over the economy at large but over the lives of every American. Administrative agencies have broad regulatory powers to make rules having the force of law, to adjudicate, to empower individuals as well as to prosecute them. This course is concerned with the law that defines, shapes, and legitimates these powers. The course reflects on how the law manages the tension between “rule of law” values (e.g., procedural regularity, accountability, and substantive limits on arbitrary action) and the desire for flexible, effective administrative governance. The course explores the place of agencies in the U.S. constitutional structure, the source and authority of agency power, the procedures necessary for agency policymaking, and judicial review of agency decision-making.

This course examines the law of the administrative state. In the contemporary United States, government is carried out through hundreds, if not thousands, of governmental agencies, wielding power not only over the economy at large but over the lives of every American. Administrative agencies have broad regulatory powers to make rules having the force of law, to adjudicate, to empower individuals as well as to prosecute them. This course is concerned with the law that defines, shapes, and legitimates these powers. The course reflects on how the law manages the tension between “rule of law” values (e.g., procedural regularity, accountability, and substantive limits on arbitrary action) and the desire for flexible, effective administrative governance. The course explores the place of agencies in the U.S. constitutional structure, the source and authority of agency power, the procedures necessary for agency policymaking, and judicial review of agency decision-making.

China’s accession to the World Trade Organization (WTO) in 2001 was an event of worldwide historical significance. This course examines the structure and process of accession, China’s WTO rights and obligations, participation in the WTO, notably in the dispute settlement mechanism, implementation and impact of WTO law, and implications for international trade and global trade governance.

Much of the course is based on WTO litigation involving China and/or case studies drawn from sectors such as toys, textiles, raw materials, automobiles, and high tech industries, and/or from topics such as anti-dumping, environment, food safety, technical standards, intellectual property, and regional integration. The course explores major dilemmas for WTO law today, such as relations between economic globalization and the rise of legal pluralism, conflicts between international integration and national sovereignty, potential contradictions between globalism and regionalism, and the search for fair trade and social justice. By this method, the course aims to understand the opportunities and challenges of China’s participation in the WTO.

Lawyers need familiarity with the basic principles of business-related accounting, finance and auditing. The purpose of this course is to prepare law students for judiciously navigating within the business community as it may involve them in their future law practice. Accounting is known as the “language of business” and this course introduces this “language” to students from the perspective of a lawyer, with breadth and depth appropriate in the legal setting. Law-relevant topics in finance, such as valuation, discounted cash flow, and portfolio theory are also introduced as such topics frequently are presented in commercial court settings. The practice, principles, and procedure for financial auditing is also presented in this course.

This upper-level required course provides advanced knowledge of transnational law, building upon basic principles studied previously in the first year Transnational Law course, including public international law, comparative law, transnational commercial law and private international law (conflicts of law).  It focuses on aspects of transnational law relating to economic globalization and to dispute resolution mechanisms for both state and non-state actors.

All lawyers negotiate, no matter which practice specialty they choose. They negotiate on behalf of themselves and on behalf of clients. This course reviews the theory related to negotiation and promotes skill development by (i) using a context sensitive model of preparing for and conducting negotiations, and by (ii) working through exercises and mock negotiations that allow the students to put into practice what they have learned.

This course is designed for students interested in working as corporate attorneys focusing on international capital markets transactions in Hong Kong. The course provides students with a substantive and practical overview of common equity capital markets transactions (e.g., Hong Kong IPOs, block trades) and debt capital markets transactions (e.g., high-yield bond issuances, dim sum bonds, convertible bonds). Students are introduced to common deal documentation in such transactions and learn drafting and negotiation skills that will help prepare them for future careers as transactional attorneys practicing in the region.

STL, as a law school in Shenzhen, has a unique vantage point from which to consider and monitor the implementation of China’s judicial reforms, because Shenzhen has been selected as the location of one of the Supreme People’s Court’s Circuit Courts as well as for many judicial pilot projects.

This course will consider Chinese judicial reforms in the wider context of judicial reforms of developing economies as well as the context of China’s history, political system, and society. It will give students an overview of the issues involved chance to learn more about the judicial reforms from a variety of viewpoints, including from some of the Shenzhen-based participants themselves. Some of the topics to be covered include the role of the circuit courts, splitting jurisdiction from administrative areas, and judicial autonomy/independence.

This course is designed for students who have no prior experience in learning Chinese or have learnt Pinyin and mastered a small vocabulary, but cannot express in fluent and complete sentences. The emphasis of the course is mainly put on learning Chinese phonetics and basic Chinese grammar, developing listening, speaking, reading and writing skills. By the end of the course, students will be able to speak more than 600 Chinese words and expressions and write over 400 Chinese characters. Students are also expected to be able to make conversations and presentations on simple topics and acquire basic communicative skills in Chinese.

This course examines the legal and regulatory system governing financial institutions, with an emphasis on banks. It will do so by exploring the underlying economics of banking, and the ongoing efforts around the world to reform financial regulation. Questions addressed will include: Why do we regulate financial institutions? What dangers do we want to avoid? How well do the current regulatory systems achieve what we want to achieve? What alternative approaches can be taken? What are the costs and benefits of the current system, and those of the alternatives?

This course teaches the basic elements of a business contract and provides students with writing exercises in which they apply the materials presented. There is one class session each week with Professor Levene; students then meet in small groups sessions with a C.V. Starr Lecturer. In the small group sessions, the C.V. Starr Lecturer goes over the homework assignments and gives additional exercises for the students to practice drafting skills.

This course is designed for students who have no prior experience in learning Chinese or have learnt Pinyin and mastered a small vocabulary, but cannot express in fluent and complete sentences. The emphasis of the course is mainly put on learning Chinese phonetics and basic Chinese grammar, developing listening, speaking, reading and writing skills. By the end of the course, students will be able to speak more than 600 Chinese words and expressions and write over 400 Chinese characters. Students are also expected to be able to make conversations and presentations on simple topics and acquire basic communicative skills in Chinese.

Professor: Carole Basri

The course covers fundamentals of being an in-house counsel in a global corporation, including crisis management, corporate compliance, litigation management, conducting internal investigations, and understanding issues of professional responsibility and ethics in the context of having your employer as a client. The course gives special emphasis to issue spotting pertaining to antitrust/ competition Law; environmental law; securities Law; Foreign Corrupt Practice Act (FCPA)/ UK Anti-Bribery Act/ OECD Anti-Bribery Acts; intellectual property law; and employment law.

The course will survey the entire American criminal process from investigation and arrest to sentencing. The course will cover the Bill of Rights and a comparison of adversarial vs. inquisitorial systems and will present a broad overview of criminal procedure, including arraignment, pretrial detention and release, discovery, right to counsel, right to trial by jury, pretrial motions, trial, and the roles of judge and jury. The course will also concentrate on search and seizure, interrogation and confession, and suppression of evidence under the Fourth, Fifth, and Sixth Amendments to the U.S. Constitution, following the case of a single defendant from arrest to conviction and sentencing.

STL, as a law school in Shenzhen, has a unique vantage point from which to consider and monitor the implementation of China’s judicial reforms, because Shenzhen has been selected as the location of one of the Supreme People’s Court’s Circuit Courts as well as for many judicial pilot projects.

This course will consider Chinese judicial reforms in the wider context of judicial reforms of developing economies as well as the context of China’s history, political system, and society. It will give students an overview of the issues involved chance to learn more about the judicial reforms from a variety of viewpoints, including from some of the Shenzhen-based participants themselves. Some of the topics to be covered include the role of the circuit courts, splitting jurisdiction from administrative areas, and judicial autonomy/independence.

STL, as a law school in Shenzhen, has a unique vantage point from which to consider and monitor the implementation of China’s judicial reforms, because Shenzhen has been selected as the location of one of the Supreme People’s Court’s Circuit Courts as well as for many judicial pilot projects.

This course will consider Chinese judicial reforms in the wider context of judicial reforms of developing economies as well as the context of China’s history, political system, and society. It will give students an overview of the issues involved chance to learn more about the judicial reforms from a variety of viewpoints, including from some of the Shenzhen-based participants themselves. Some of the topics to be covered include the role of the circuit courts, splitting jurisdiction from administrative areas, and judicial autonomy/independence.

This course surveys the role of legal controls on business organizations, with an emphasis on executives, directors and controlling shareholders of public corporations. Aspects of the law of agency, partnership, and closely held corporations are reviewed to highlight continuities and discontinuities with the publicly held corporation. Topics include basic accounting and basic corporate finance, limited liability, creditor protection, shareholder voting, executive compensation, fiduciary duties, shareholder lawsuits, and control transactions. The emphasis throughout is on the economic analysis of legal rules as a set of constraints on corporate actors.

Based on the idea that comparison broadens the perspective and inspires fresh thinking, this class looks at a variety of important constitutional problems through the prism of different countries’ constitutional orders. What is the purpose of constitutional law? How do revolutions make constitutional law? How does constitutional law work in times of crises? How do different constitutional orders deal with problems of gender discrimination or poverty? These are some of the questions that we approach from the perspective of the U.S., Germany, France, China, Canada, and South Africa, among others. The class includes a strong emphasis on philosophical, political, and legal writings by authors such as Hannah Arendt, Bruce Ackerman, Cass Sunstein, Qianfan Zhang, and some of Professor Jaggi’s own writings on revolutionary constitutional lawmaking in Germany.

Instructor: Paul Stephan

This course reviews the law governing transnational lawsuits, concentrating on the rules applied by U.S. courts. Topics covered include judicial jurisdiction, choice of forum, legislative jurisdiction, choice of law and international judicial assistance.

This is an “advanced contract law course” for both American and Chinese law. It focuses on each country’s implementation and interpretation of the CISG, which serves as a tool for comparative study. It also focuses on the UNIDROIT Principles of International Commercial Contracts, a supra-national source of model contract rules. The different “official language” versions of both of the international texts are used to illustrate the challenges of drafting and doing legal research in different languages. Recent case law and academic writing about both provides substantial source material for serious comparative research and writing.

American law has a peculiar history in regard to discrimination on the basis of an individual’s characteristics (e.g., race, gender, national origin, religion, sexual orientation). This course will examine the history of American law and discrimination from the founding to the current day, looking at discrimination/anti-discrimination in legislative actions (including citizen initiatives), administrative interpretations and judicial decisions. Since the breadth and depth of issues are too great for comprehensive coverage in a single course, the course will focus on discrimination in education as an illustrative microcosm.

Based on the idea that comparison broadens the perspective and inspires fresh thinking, this class looks at a variety of important constitutional problems through the prism of different countries’ constitutional orders. What is the purpose of constitutional law? How do revolutions make constitutional law? How does constitutional law work in times of crises? How do different constitutional orders deal with problems of gender discrimination or poverty? These are some of the questions that we approach from the perspective of the U.S., Germany, France, China, Canada, and South Africa, among others. The class includes a strong emphasis on philosophical, political, and legal writings by authors such as Hannah Arendt, Bruce Ackerman, Cass Sunstein, Qianfan Zhang, and some of Professor Jaggi’s own writings on revolutionary constitutional lawmaking in Germany.

This course is designed for students interested in working as corporate attorneys focusing on international capital markets transactions in Hong Kong. The course provides students with a substantive and practical overview of common equity capital markets transactions (e.g., Hong Kong IPOs, block trades) and debt capital markets transactions (e.g., high-yield bond issuances, dim sum bonds, convertible bonds). Students are introduced to common deal documentation in such transactions and learn drafting and negotiation skills that will help prepare them for future careers as transactional attorneys practicing in the region.

International Commercial Arbitration (“ICA”) is the most widely used method for the resolution of international business disputes. It sometimes is supplemented by other alternative dispute resolution methods (ADR), such as mediation or conciliation. ICA mainly involves private parties, but it also can be used for the resolution of economic disputes between a private party (e.g. a transnational corporation) and a state. This course examines the context in which ICA occurs, including the 1958 New York Convention and the differences between institutional and ad hoc arbitrations. The course also compares international commercial arbitration to the special area of treaty-based investor-state arbitration (e.g. ICSID proceedings). Special attention is paid to private arbitration and mediation procedures in Asia, e.g. in Hong Kong, Singapore and Mainland China.

The first step toward understanding the complicated world economy is to understand a very modern organization: the corporation. Corporate governance studies the conflict between managers and directors, shareholders, and other stakeholders. In every corporation, we see a dynamic power play and “politics” among these constituencies. This course covers two agency problems in the corporate context: (1) managers (and directors) v. shareholders; and (2) controlling shareholder v. minority shareholders.

This course mainly covers economic structures of three East Asian countries (China, Japan, and Korea) from the perspective of law and economics. In addition, this course also covers economic issues of South Asian countries, which are related to the Chinese economy (e.g., overseas Chinese). This course analyzes similarities and differences among three East Asian countries which share culture, philosophy (Confucianism), and history. Ownership structures, corporate groups, financial systems, corporate governance features, and the role of governments in economic development will be examined. In addition, this course analyzes the Asian financial crisis. Moreover, U.S. economic structure and concepts of corporate governance are compared as well.

This course will explore how technological and business model innovation are changing the world of legal services. Topics will include technical innovations such as blockchain and artificial intelligence, as well as business model innovations such as offshoring and legal process management.

Instructor: Mark Rosenbaum

This course explores U.S. Fourteenth Amendment jurisprudence in the area of equal rights and liberty. Questions examined include: the meaning of constitutionalism and rule of law; do rights exist and how are they to be determined?; can rights change based on contemporary values?; the relationship between the majority and racial, ethnic, gender and sexual orientation minorities; do protections exist against discrimination?; what is the meaning of liberty and how can liberty be protected and nurtured?; do rights exist if they’re not specified in a constitution?

This course provides a thorough introduction to EU law and institutions, and the main EU policies, including external relations. The course gives special attention to the creation, regulation and management of the EU model of regional integration and to understanding EU law from the “inside” as well as from the “outside.”

The first step toward understanding the complicated world economy is to understand a very modern organization: the corporation. Corporate governance studies the conflict between managers and directors, shareholders, and other stakeholders. In every corporation, we see a dynamic power play and “politics” among these constituencies. This course covers two agency problems in the corporate context: (1) managers (and directors) v. shareholders; and (2) controlling shareholder v. minority shareholders.

This course provides students with an understanding of the basic corporate financial concepts and tools that are important for lawyers who practice business law. This course includes studies of the basic techniques used in valuing projects and businesses; the distinctive characteristics of corporate securities; the principles guiding the determinants of capital structure; and the factors influencing decisions to pay dividends and repurchase stock. This course also includes an examination of the impact of theories of finance on legal rules, including portfolio theory, asset pricing models, and efficient market theory.

This course is an introduction to food safety law and policy, focusing on China, and drawing on domestic, comparative, transnational and international perspectives. It examines Chinese food safety law in theory and practice and uses the Chinese example to illuminate transnational food safety law and related fundamental jurisprudential questions.

This course focuses on selected major issues of practical importance in foreign direct investment in the China market. It will cover such areas as the changing Chinese regulatory regime of foreign direct investment, market entry and investment forms, Chinese-foreign joint ventures, acquisition of Chinese companies by foreign investors, employment of Chinese employees by foreign-invested enterprises and compliance with applicable laws in operating foreign-invested businesses in China. The objective is to equip students with the essential knowledge and practical skills in providing legal services in this important field of legal practice.

Professor: Thomas Man

This course focuses on the U.S. Federal Rules of Evidence governing the admissibility of evidence, including problems of relevancy, remoteness, and undue prejudice; the hearsay rule and its exceptions; the offer of evidence and objection; examination of witnesses; competency and privilege of witnesses; expert opinion evidence; judicial notice; burden of proof; and presumptions. Where applicable and as appropriate, the course also introduces students to the ongoing effort in China to develop evidence as an independent discipline of legal study and to codify rules of evidence for Chinese judicial proceedings.

Professor: Carole Basri

The course covers fundamentals of being an in-house counsel in a global corporation, including crisis management, corporate compliance, litigation management, conducting internal investigations, and understanding issues of professional responsibility and ethics in the context of having your employer as a client. The course gives special emphasis to issue spotting pertaining to antitrust/ competition Law; environmental law; securities Law; Foreign Corrupt Practice Act (FCPA)/ UK Anti-Bribery Act/ OECD Anti-Bribery Acts; intellectual property law; and employment law.

All lawyers negotiate, no matter which practice specialty they choose. They negotiate on behalf of themselves and on behalf of clients. This course reviews the theory related to negotiation and promotes skill development by (i) using a context sensitive model of preparing for and conducting negotiations, and by (ii) working through exercises and mock negotiations that allow the students to put into practice what they have learned.

The first step toward understanding the complicated world economy is to understand a very modern organization: the corporation. Corporate governance studies the conflict between managers and directors, shareholders, and other stakeholders. In every corporation, we see a dynamic power play and “politics” among these constituencies. This course covers two agency problems in the corporate context: (1) managers (and directors) v. shareholders; and (2) controlling shareholder v. minority shareholders.

Instructor: Matthew Stephenson

This intensive course introduces students to important aspects of international anticorruption law. The main focus is on the U.S. Foreign Corrupt Practices Act (FCPA), but the course also covers other aspects of transnational anticorruption law, including other countries’ anticorruption laws, the international anticorruption treaties and conventions, and the role of anticorruption principles in international trade, arbitration, and human rights law. Special attention is paid to how transnational anticorruption law may affect China and lawyers representing Chinese clients or clients operating in China.

The seminar will examine the foundations and recent developments of the both the institutional law of IFIs (such as the World Bank, Asian Development Bank and Green Climate Fund) and their substantive operations in development finance. It will discuss both the traditional form of development banks and more novel institutions such as the GCF, and also the legal relations of IFIs with donor countries, co-lenders in the private sector, the UN, host countries and other counterparties. There will be a particular focus on the role of China in the creation of new IFIs such as the Asian Infrastructure Investment Bank (in Beijing) and the New Development Bank (in Shanghai). We will also address dispute resolution and redress mechanisms. Case studies will be drawn primarily from the areas of clean energy, climate change and sustainable urbanisation.

This course focuses on problem exercises involving hypothetical transactions in a variety of business settings: international sales of goods, agency and distributorship agreements, licensing agreements, establishment of operations abroad, mergers and acquisitions, joint ventures, development agreements, and international debt instruments. To establish a foundation for analyzing such transactions, the course focuses initially on three topics: (i) the multinational enterprise, (ii) extraterritorial application of national law (antitrust, tax, and anti-corruption law), and (iii) international dispute resolution (litigation and arbitration).

Patent Law I and Patent Law II are for students who intend to focus their practice on patent law and students preparing for a legal career with other focuses and wanting to understand a patent system.  Intellectual properties, especially patents, play an increasingly important role in developing domestic economies and participating in global trade.  Hence, those practicing in other areas of law and even those functioning in the non-legal capacities will face intellectual property and patent issues at some point in their careers.  Understanding patent law is especially useful to those representing or working for technology companies.  That said, the study of patent law can be demanding.  The legal doctrines of patent law are intricate and complex.  Meanwhile, patent law can involve cutting-edge technology with complex scientific and technical principles.

Patent Law I is a pre-requisite for Patent Law II.  Patent Law I focuses on law and principles for granting patent rights; Patent Law II focuses on law and principles for enforcing patent rights. Together, they will provide you a systematic understanding of a typical patent law system, in this case, the U.S. patent law system.  You do not need a technical background to take the courses; however, you should be open to learning about the inventions you will encounter in reading the cases and doing the assignments throughout the course.

Professor: Mark Rosenbaum

This course examines contemporary issues of free speech in the context of U.S. Constitution First Amendment law: the uses and values of free speech; whether certain categories of speech deserve more or less protection; political speech; censorship and discrimination based on content; hate speech and racist speech; obscenity and pornography and feminism; symbolic speech. Students are asked to develop a coherent theory of speech protection and regulation.

Instructor: Paul Stephan

This course reviews the law governing transnational lawsuits, concentrating on the rules applied by U.S. courts. Topics covered include judicial jurisdiction, choice of forum, legislative jurisdiction, choice of law and international judicial assistance.

This course mainly covers economic structures of three East Asian countries (China, Japan, and Korea) from the perspective of law and economics. In addition, this course also covers economic issues of South Asian countries, which are related to the Chinese economy (e.g., overseas Chinese). This course analyzes similarities and differences among three East Asian countries which share culture, philosophy (Confucianism), and history. Ownership structures, corporate groups, financial systems, corporate governance features, and the role of governments in economic development will be examined. In addition, this course analyzes the Asian financial crisis. Moreover, U.S. economic structure and concepts of corporate governance are compared as well.

This course mainly covers economic structures of three East Asian countries (China, Japan, and Korea) from the perspective of law and economics. In addition, this course also covers economic issues of South Asian countries, which are related to the Chinese economy (e.g., overseas Chinese). This course analyzes similarities and differences among three East Asian countries which share culture, philosophy (Confucianism), and history. Ownership structures, corporate groups, financial systems, corporate governance features, and the role of governments in economic development will be examined. In addition, this course analyzes the Asian financial crisis. Moreover, U.S. economic structure and concepts of corporate governance are compared as well.

International Commercial Arbitration (“ICA”) is the most widely used method for the resolution of international business disputes. It sometimes is supplemented by other alternative dispute resolution methods (ADR), such as mediation or conciliation. ICA mainly involves private parties, but it also can be used for the resolution of economic disputes between a private party (e.g. a transnational corporation) and a state. This course examines the context in which ICA occurs, including the 1958 New York Convention and the differences between institutional and ad hoc arbitrations. The course also compares international commercial arbitration to the special area of treaty-based investor-state arbitration (e.g. ICSID proceedings). Special attention is paid to private arbitration and mediation procedures in Asia, e.g. in Hong Kong, Singapore and Mainland China.

Professional Responsibility is a required upper-level course concerned with the ethical standards, professional responsibilities, and regulation of attorneys and judges. The course prepares students to take the Multistate Professional Responsibility Exam (MPRE), as well as providing a basis for making professionally responsible decisions in actual practice. The course draws upon comparative and international material when relevant.

Instructor: Michael Greco

The rapid development of a body of international criminal law that imposes responsibilities directly on individuals and punishes violations through international mechanisms is relatively recent; the body of law is not yet uniform, and its courts are not yet universal. The course provides explanation and appraisal of international law and procedure, and focuses on crimes that are within the jurisdiction of international tribunals: genocide, crimes against humanity, war crimes and aggression. The course also briefly consider terrorist offenses, torture and other crimes not yet within international court or tribunal jurisdiction.

The rapid development of a body of international criminal law that imposes responsibilities directly on individuals and punishes violations through international mechanisms is relatively recent; the body of law is not yet uniform, and its courts are not yet universal. The course provides explanation and appraisal of international law and procedure, and focuses on crimes that are within the jurisdiction of international tribunals: genocide, crimes against humanity, war crimes and aggression. The course also briefly consider terrorist offenses, torture and other crimes not yet within international court or tribunal jurisdiction.

This course is an introduction to food safety law and policy, focusing on China, and drawing on domestic, comparative, transnational and international perspectives. It examines Chinese food safety law in theory and practice and uses the Chinese example to illuminate transnational food safety law and related fundamental jurisprudential questions.

It is almost impossible to understand modern corporate law and securities regulations without understanding fundamental concepts of economics and finance. This interdisciplinary course focuses on the interplay of law, economics, and finance.

The object of this course is to familiarize students with techniques used by practitioners for the drafting of contracts (e.g., use of defined terms, the importance of “Whereas Clauses,” how to draft applicable law, dispute resolution, integration and modification of contract provisions, etc.). The course uses as examples an agency agreement, a distribution agreement, a license agreement, a joint venture agreement and an acquisition agreement (or at least a Term Sheet for an acquisition situation). Students are given “Term Sheets” describing various preliminary agreements reached by two parties to a potential transaction and are asked to draft various contractual provisions for the actual final agreement covering the transaction.

Instructor: Stephen Minas

The seminar will examine the foundations and recent developments of the both the institutional law of IFIs (such as the World Bank, Asian Development Bank and Green Climate Fund) and their substantive operations in development finance. It will discuss both the traditional form of development banks and more novel institutions such as the GCF, and also the legal relations of IFIs with donor countries, co-lenders in the private sector, the UN, host countries and other counterparties. There will be a particular focus on the role of China in the creation of new IFIs such as the Asian Infrastructure Investment Bank (in Beijing) and the New Development Bank (in Shanghai). We will also address dispute resolution and redress mechanisms. Case studies will be drawn primarily from the areas of clean energy, climate change and sustainable urbanisation.

Patent Law I and Patent Law II are for students who intend to focus their practice on patent law and students preparing for a legal career with other focuses and wanting to understand a patent system. Intellectual properties, especially patents, play an increasingly important role in developing domestic economies and participating in global trade. Hence, those practicing in other areas of law and even those functioning in the non-legal capacities will face intellectual property and patent issues at some point in their careers. Understanding patent law is especially useful to those representing or working for technology companies. That said, the study of patent law can be demanding. The legal doctrines of patent law are intricate and complex. Meanwhile, patent law can involve cutting-edge technology with complex scientific and technical principles.

Patent Law I is a pre-requisite for Patent Law II. Patent Law I focuses on law and principles for granting patent rights; Patent Law II focuses on law and principles for enforcing patent rights. Together, they will provide you a systematic understanding of a typical patent law system, in this case, the U.S. patent law system. You do not need a technical background to take the courses; however, you should be open to learning about the inventions you will encounter in reading the cases and doing the assignments throughout the course.

More than ever, business lawyers are afforded the opportunity – and the challenge – of coordinating and planning projects abroad in markets unfamiliar to them, as well as advising international clients with in-bound investments in the lawyer’s home market. This course addresses the following topics: structuring, transactional goals, due diligence, letters of intent, memoranda of understanding and similar preliminary documentation, and deal implementation.

From 1980 to 2000, States entered into nearly 1,700 bilateral investment treaties (BITs). This treaty practice has given rise to a sharp increase in treaty arbitration between investors and States. For example, from 1972 to 1996, the World Bank’s International Centre for Settlement of Investment Disputes (ICSID) registered 38 investor-State cases; from 1997 to 2011, that number increased to 331.

This course will address the rapid growth of treaty arbitration practice and key challenges that have emerged within the practice area. In particular, the course will address the following topics: (i) policy goals driving the formation of over 2000 BITs; (ii) core investment treaty substantive obligations (most-favored-nation, national treatment, minimum standard of treatment/fair and equitable treatment, expropriation); (iii) issues of jurisdiction and admissibility (definition of “investor” and “investment,” time bar, standing, denial of benefits provisions); (iv) arbitral rules (in particular, ICSID and UNCITRAL); (v) arbitral institutions (in particular, ICSID and the Permanent Court of Arbitration (PCA)); (vi) appointment, challenge, and removal of arbitrators; (vii) annulment and enforcement of awards; and (viii) transparency and amicus participation.

Instructor: Matthew Stephenson

This course provides a theoretical and practical introduction to statutory interpretation, focusing on the jurisprudence of the U.S. Supreme Court. The course considers the main schools of thought in statutory interpretation (textualism, intentionalism, and purposivism), issues related to the application of important and controversial interpretive tools (such as legislative history and canons of construction), and general questions about the proper role of courts in interpreting legal texts enacted by legislatures.

Instructor: C.V. Starr讲师

Transnational Legal Practice helps acclimate students to law school and to the basic tasks required for the first year of legal writing: understanding the relationships between judicial opinions, reading judicial opinions (critically), deriving legal rules from judicial opinions, and applying legal rules to new sets of facts. Students learn the basics of good legal writing, from the contexts in which legal writing is used, to the use of rubrics (IRAC and CREAC) to help structure writing, to the effective use of analogies to construct legal argument.

Instructor: Matthew Stephenson

This intensive course introduces students to important aspects of international anticorruption law. The main focus is on the U.S. Foreign Corrupt Practices Act (FCPA), but the course also covers other aspects of transnational anticorruption law, including other countries’ anticorruption laws, the international anticorruption treaties and conventions, and the role of anticorruption principles in international trade, arbitration, and human rights law. Special attention is paid to how transnational anticorruption law may affect China and lawyers representing Chinese clients or clients operating in China.

The course covers fundamentals of being an in-house counsel in a global corporation, including crisis management, corporate compliance, litigation management, conducting internal investigations, and understanding issues of professional responsibility and ethics in the context of having your employer as a client. The course gives special emphasis to issue spotting pertaining to antitrust/ competition Law; environmental law; securities Law; Foreign Corrupt Practice Act (FCPA)/ UK Anti-Bribery Act/ OECD Anti-Bribery Acts; intellectual property law; and employment law.

From 1980 to 2000, States entered into nearly 1,700 bilateral investment treaties (BITs). This treaty practice has given rise to a sharp increase in treaty arbitration between investors and States. For example, from 1972 to 1996, the World Bank’s International Centre for Settlement of Investment Disputes (ICSID) registered 38 investor-State cases; from 1997 to 2011, that number increased to 331.

This course will address the rapid growth of treaty arbitration practice and key challenges that have emerged within the practice area. In particular, the course will address the following topics: (i) policy goals driving the formation of over 2000 BITs; (ii) core investment treaty substantive obligations (most-favored-nation, national treatment, minimum standard of treatment/fair and equitable treatment, expropriation); (iii) issues of jurisdiction and admissibility (definition of “investor” and “investment,” time bar, standing, denial of benefits provisions); (iv) arbitral rules (in particular, ICSID and UNCITRAL); (v) arbitral institutions (in particular, ICSID and the Permanent Court of Arbitration (PCA)); (vi) appointment, challenge, and removal of arbitrators; (vii) annulment and enforcement of awards; and (viii) transparency and amicus participation.

Both a result and a cause of globalization, the World Trade Organization (WTO) is the world’s leading institution for regulating international trade. This course provides a thorough introduction to WTO law and institutions. The course devotes special attention to the WTO as a source of transnational law and as a factor in international economic and legal integration. Topics are selected from the following: legal and economic aspects of world trade regulation; evolution from the General Agreement on Tariffs and Trade (GATT) 1947 to GATT 1994 and the WTO; the WTO dispute settlement mechanism; multilateral agreements on trade in goods, especially GATT 1994; remedies for fair and unfair trade such as anti-dumping, countervailing and safeguard measures; food safety and technical standards; regional trade agreements or environmental protection as exceptions to basic GATT principles; the General Agreement on Trade in Services (GATS); trade and investment; government procurement; the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS); developing countries and the WTO; and linkages between trade and social policies.

This course focuses on selected major issues of practical importance in foreign direct investment in the China market. It will cover such areas as the changing Chinese regulatory regime of foreign direct investment, market entry and investment forms, Chinese-foreign joint ventures, acquisition of Chinese companies by foreign investors, employment of Chinese employees by foreign-invested enterprises and compliance with applicable laws in operating foreign-invested businesses in China. The objective is to equip students with the essential knowledge and practical skills in providing legal services in this important field of legal practice.

国际税法的学习目的是使学生了解跨境经济活动会带来不同于单纯国内交易的税法效果考量。在全球化的大背景下，跨境经济活动日益频繁，从国际税法的角度，需要考虑如何对这些跨境交易合理分配相关国家和地区间的税收管辖权，一方面既可以保证各管辖区的征税权，另一方面对个人和企业来说，不会因参与跨境经济活动而承担额外的税负。本课程通过对国际税法的产生发展、概念和原则的介绍，参照中国、美国和其他国家的具体规则，结合相关案例的讨论，帮助学生建立处理国际税法问题的意识和分析相关问题时所需要的工具。

本研讨课的主题为宪法基本权利。本研讨课的主要目的有三，一是通过阅读了解我国宪法学者关于基本权利的研究情况，包括研究主题、内容、方法及其发展；二是了解基本权利的法教义学建构，鉴于我国宪法法教义学建构工作基本参照德国宪法学教研模式，学生需要阅读德国基本权利法教义学的文献（Christian Bumke/Andreas Voßkuhle: German Constitutional Law : Introduction, Cases, and Principles, Oxfold Presse 2019），在此基础上对比我国宪法学者相关主题的写作；三是训练学生以基本权利为题目的论文写作，侧重题目的选择、文献检索和提纲写作。选课同学需选择从给定的或者与授课老师商定的题目中认领一题目，撰写6000字以上论文，论文质量将作为确定研讨课最终成绩的基础。

写作具体要求：写作原则上需要以相关基本权利的法律适用为内容，论文基本结构为：问题的提出（可以以具体的案例展开）；相关基本权利的法理基础（讨论权利的正当性问题）；宪法具体规定（必要时可延伸到部门法的保护）；相关学术研究的发展和现状（查看我国宪法学者是如何处理相关基本权利适用的问题的，有无提出权利保护的审查基准）；相关司法判决；在阅读文献和司法判决的基础上，就如何切实保障基本权利提出自己的意见。【注意：以上结构主要针对单个基本权利适用问题，其中任何一点都可以深入为独立的论文，但需要建立在对以上内容的了解基础上。如果论文偏向体系或教义学建构或其他非适用问题，则需要根据具体问题和文献结构。】

This course focuses on problem exercises involving hypothetical transactions in a variety of business settings: international sales of goods, agency and distributorship agreements, licensing agreements, establishment of operations abroad, mergers and acquisitions, joint ventures, development agreements, and international debt instruments. To establish a foundation for analyzing such transactions, the course focuses initially on three topics: (i) the multinational enterprise, (ii) extraterritorial application of national law (antitrust, tax, and anti-corruption law), and (iii) international dispute resolution (litigation and arbitration).

国际税法的学习目的是使学生了解跨境经济活动会带来不同于单纯国内交易的税法效果考量。在全球化的大背景下，跨境经济活动日益频繁，从国际税法的角度，需要考虑如何对这些跨境交易合理分配相关国家和地区间的税收管辖权，一方面既可以保证各管辖区的征税权，另一方面对个人和企业来说，不会因参与跨境经济活动而承担额外的税负。本课程通过对国际税法的产生发展、概念和原则的介绍，参照中国、美国和其他国家的具体规则，结合相关案例的讨论，帮助学生建立处理国际税法问题的意识和分析相关问题时所需要的工具。

Technological innovations, such as AI bots such as ChatGPT, Dall-E, Stable Diffusion, but also NFTs and the blockchain, are in the process of disrupting the cultural and creative industries ecosystem. This course is looking at how the copyright system in the US, EU and China are coping with these challenges. 

The Chinese Government is aiming to become a ‘powerful intellectual property country by 2035’ (中共中央 国务院发布《知识产权强国建设纲要（2021－2035年）》) http://www.gov.cn/zhengce/2021-09/22/content_5638714.htm. It explicitly calls for the development of IP-talent. Around 15 percent of STL graduates already find work in the field of IP, according to Dean Zhang Chenli.

Copyright law protects and enforces an expanding universe of subject matter: literary and artistic works, music, photography, cinematography, architecture, software etc. Next to the exclusive rights of reproduction, distribution, translation, adaption, and communication to the public, this course is dealing with how primary and secondary liability arise.

The landmark cases of copyright law will be studied, the leading copyright doctrines, such as originality, aesthetic neutrality, fair use, parody, transformation, and the idea/expression dichotomy.

This course provides an introduction to the emerging Chinese evidence jurisprudence embodied in legislative enactments, judicial interpretations and practices as well as academic studies. This introduction is framed within a broader comparative context of evolving evidence laws and practices in Western legal and judicial systems, particularly the United States and leading European jurisdictions.

This course explores the central concept of judicial proof in comparative perspective. Through extensive reading, viewing and class discussion of related materials in both Chinese and English languages relating to facts, truth and evidence, judicial process, evidentiary proof from both continental law and common law jurisdictions, mainly the United States, China and selected European countries, this course intends to enhance students’ understanding of the principal concepts of judicial proof and the working process of judicial trials in the United States and China in which evidence plays a central role.

本课程以司法证明为核心，探讨和比较世界两大法律体系（大陆法与普通法）之下，司法审判事实认定过程的异同。主要阅读和讨论材料来自欧、美和中国司法证明的法律和实践，探讨事实与证据、证据法、司法证明等基本概念，认识司法证明原则与具体进程和程序在不同法律体系之下的异同。通过阅读、课堂讨论和课后作业，学生可以了解司法证明的原理、规则以及在不同司法制度框架内的运作方式，加深对证据法理解和对司法证明操作层面的掌握。

This course explores the central concept of judicial proof in comparative perspective. Through extensive reading, viewing and class discussion of related materials in both Chinese and English languages relating to facts, truth and evidence, judicial process, evidentiary proof from both continental law and common law jurisdictions, mainly the United States, China and selected European countries, this course intends to enhance students’ understanding of the principal concepts of judicial proof and the working process of judicial trials in the United States and China in which evidence plays a central role.

本课程以司法证明为核心，探讨和比较世界两大法律体系（大陆法与普通法）之下，司法审判事实认定过程的异同。主要阅读和讨论材料来自欧、美和中国司法证明的法律和实践，探讨事实与证据、证据法、司法证明等基本概念，认识司法证明原则与具体进程和程序在不同法律体系之下的异同。通过阅读、课堂讨论和课后作业，学生可以了解司法证明的原理、规则以及在不同司法制度框架内的运作方式，加深对证据法理解和对司法证明操作层面的掌握。

International Intellectual Property explores how to obtain and enforce intellectual property rights globally. We will discuss principal international IP treaties, trade agreements, and dispute resolution systems relating to patents, copyrights, trademarks, and related rights.

This course aims to enable students to obtain a systematic understanding of international intellectual property systems. We achieve this through, for example, 1) comparing different countries’ approaches to principle concepts in patent law, copyright law, trademark law, and other IP laws, and 2) determining countries’ compliance with standards established by major international IP treaties. The course also aims to train students to analyse complex global IP problems via exam-taking and in-class practice using problems assigned as part of the reading assignments.

To take this course, you need to have taken IP Survey, or at least one of Chinse IP, patent law, copyright law, trademark law, or equivalent. Otherwise, please obtain the Professor’s permission before registering for this course.

This course surveys the role of legal controls on business organizations, with an emphasis on executives, directors and controlling shareholders of public corporations. Aspects of the law of agency, partnership, and closely held corporations are reviewed to highlight continuities and discontinuities with the publicly held corporation. Topics include basic accounting and basic corporate finance, limited liability, creditor protection, shareholder voting, executive compensation, fiduciary duties, shareholder lawsuits, and control transactions. The emphasis throughout is on the economic analysis of legal rules as a set of constraints on corporate actors.

This course will deal with the trademark systems of the most powerful economies of the world, and compares the ‘first to use’ system of the US with the ‘first to register’ systems in the EU and China. Trademarks are indispensable for companies to compete, to guarantee consumer quality and safeguard investments.

The Chinese Government is aiming to become a ‘powerful intellectual property country by 2035’ (中共中央 国务院发布《知识产权强国建设纲要（2021－2035年）》) http://www.gov.cn/zhengce/2021-09/22/content_5638714.htm. It explicitly calls for the development of IP-talent. Around 15 percent of STL graduates already find work in the field of IP, according to Dean Zhang Chenli.

A trademark protects the “face” of a company, often its most valuable asset. In the case of Apple, Amazon or Alphabet it symbolizes the goodwill representing billions of US dollars. China is the top filer for trademarks in the US. The course deals with distinctiveness, descriptiveness and genericism, important trademark concepts. On the one hand claims of trademark infringement based on a likelihood of confusion or dilution and on the other hand defenses such as classic fair use and nominative fair use and parody will be covered in this course.

This is a practice-oriented course designed to provide essential legal knowledge and practical skills fundamental to private practice in China-foreign business transactions. It will examine the regulatory framework governing, and major practical issues relating to, business transactions between entities and individuals of China (PRC) and foreign jurisdictions.  Areas to be covered include Chinese-foreign joint ventures, M&A, PE/VC investment, technology transfer, anti-corruption and FCPA, commercial contracts, employment, anti-monopoly, environmental protection and other related fields. Emphasis will be given to the evolution of the ever-changing Chinese regulatory environment and the technical skills in representing foreign business clients in conducting various types of commercial and business transactions, including best practices in understanding, interpreting and communicating ambiguities and uncertainties in Chinese laws and regulations and in reviewing, drafting and negotiating bilingual commercial contracts.

This course will explore how technological and business model innovation are changing the world of legal services. Topics will include technical innovations such as blockchain and artificial intelligence, as well as business model innovations such as offshoring and legal process management.

This course looks at civil legal procedure – the process through which private legal rights are enforced – with a particular focus on the U.S. Federal Rules of Civil Procedure.  While the course covers the same subject matter as would be covered in a typical US law school civil procedure course, it gives additional, particular emphasis to those aspects of the US civil justice system that are most relevant to non-US lawyers.

International Intellectual Property explores how to obtain and enforce intellectual property rights globally. We will discuss principal international IP treaties, trade agreements, and dispute resolution systems relating to patents, copyrights, trademarks, and related rights.

This course aims to enable students to obtain a systematic understanding of international intellectual property systems. We achieve this through, for example, 1) comparing different countries’ approaches to principle concepts in patent law, copyright law, trademark law, and other IP laws, and 2) determining countries’ compliance with standards established by major international IP treaties. The course also aims to train students to analyse complex global IP problems via exam-taking and in-class practice using problems assigned as part of the reading assignments.

To take this course, you need to have taken IP Survey, or at least one of Chinse IP, patent law, copyright law, trademark law, or equivalent. Otherwise, please obtain the Professor’s permission before registering for this course.

This course is an analytical survey of some of the major themes and issues in Western legal theory. The class will discuss both descriptive and normative questions in legal theory. Topics to be covered include natural law, legal positivism, Dworkin’s views on law and adjudication, law and society, general jurisprudence, and critical legal studies. The class will also take a comparative approach on some selected topics (for example, comparing certain concepts in Western legal theory with those in Chinese legal theory), and reference will be made to specific real-world legal examples and cases where possible to better see legal theory’s influence in legal practice.

The seminar will examine the foundations and recent developments of the both the institutional law of IFIs (such as the World Bank, Asian Development Bank and Green Climate Fund) and their substantive operations in development finance. It will discuss both the traditional form of development banks and more novel institutions such as the GCF, and also the legal relations of IFIs with donor countries, co-lenders in the private sector, the UN, host countries and other counterparties. There will be a particular focus on the role of China in the creation of new IFIs such as the Asian Infrastructure Investment Bank (in Beijing) and the New Development Bank (in Shanghai). We will also address dispute resolution and redress mechanisms. Case studies will be drawn primarily from the areas of clean energy, climate change and sustainable urbanisation.

The first half of this two-quarter course introduces participants to historical, political, and legal developments in U.S. constitutional law, principally in the areas of individual rights and liberties and judicial review. The second quarter covers Federalism and Separation of Powers. Both provide an introduction to U.S. constitutional history with special emphasis on the historical, political, economic, and social circumstances under which American constitutional law has developed. The course explores some of the fundamental ideas underlying the American Constitution as well as the factors and processes that have shaped and changed American constitutional law over the years. A further dimension of understanding is achieved by referring to comparable developments in European, and in particular German, constitutional law.

This course (also called IP Survey) provides an in-depth overview of four major U.S. IP laws — patents, trade secrets, copyrights, and trademarks.  For each of these four laws, the course examines its historical development, the underlying policy motivations, the fundamental concepts, and the current practice in the U.S. jurisdiction.  When time permits, we may also explore how these IP laws interrelate with each other and with international IP regimes. The course includes a simulation project where students work in a team to advise on a fictitious client’s IP needs, apply the IP laws’ fundamental concepts, and learn basic IP and client counseling skills.  Anyone interested in IP can take the course; no science or technical background necessary.   

This course is an ideal pre-requisite for the International Intellectual Property course.

This course introduces the major themes and issues of classical Chinese legal thought. A basic premise of this course is that Chinese legal history cannot be studied in a vacuum; it is best understood in the context of Chinese political and moral philosophy. The course focuses on selected works by various philosophers and philosophical schools, including Confucius and later Confucian thinkers (including Mencius, Xunzi, and Dong Zhongshu), the Legalists, and the Daoists. By understanding these thinkers and philosophical schools in historical context, students gain an understanding of how law was applied in pre-modern Chinese society.

Mergers and Acquisitions (“M&A”) is one of the most fundamental building blocks of American corporate law, and by far the most common area of corporate law practice. This course is designed to help students: (1) learn about M&A contractual deal terms; (2) learn how to read, understand and apply Delaware and MBCA corporate law statutes and cases; (3) learn the business techniques and laws that permit companies to be acquired in hostile and negotiated situations; (4) master the various corporate law legal paths that permit different forms of acquisitions; (5) master corporate governance principles regarding the board’s and controlling shareholder’s rights, duties and responsibilities when either seeks various types of M&A transactions; and (6) hone intuition and knowledge of deal due diligence issues.

This two-quarter course examines the formation and interpretation of contractual agreements under U.S. law (common law and Uniform Commercial Code (UCC)) and international law (United Nations Convention on Contracts for the International Sale of Goods (CISG)). The course also explores issues concerning the avoidance of contractual obligations and remedies for the breach of contractual obligations.

Patent Law I and Patent Law II are for students who intend to focus their practice on patent law and students preparing for a legal career with other focuses and wanting to understand a patent system. Intellectual properties, especially patents, play an increasingly important role in developing domestic economies and participating in global trade. Hence, those practicing in other areas of law and even those functioning in the non-legal capacities will face intellectual property and patent issues at some point in their careers. Understanding patent law is especially useful to those representing or working for technology companies. That said, the study of patent law can be demanding. The legal doctrines of patent law are intricate and complex. Meanwhile, patent law can involve cutting-edge technology with complex scientific and technical principles.

Patent Law I is a pre-requisite for Patent Law II. Patent Law I focuses on law and principles for granting patent rights; Patent Law II focuses on law and principles for enforcing patent rights. Together, they will provide you a systematic understanding of a typical patent law system, in this case, the U.S. patent law system. You do not need a technical background to take the courses; however, you should be open to learning about the inventions you will encounter in reading the cases and doing the assignments throughout the course.

本课程的内容为金融法律制度的说明。本课程的具体内容包括金融监管体制、证券法律制度、信托法律制度、新金融的法律制度等内容。通过让选课学生了解前沿的金融法律知识，使学生对于金融法律能有更为全面、深入、准确地掌握。

Patent Law I and Patent Law II are for students who intend to focus their practice on patent law and students preparing for a legal career with other focuses and wanting to understand a patent system. Intellectual properties, especially patents, play an increasingly important role in developing domestic economies and participating in global trade. Hence, those practicing in other areas of law and even those functioning in the non-legal capacities will face intellectual property and patent issues at some point in their careers. Understanding patent law is especially useful to those representing or working for technology companies. That said, the study of patent law can be demanding. The legal doctrines of patent law are intricate and complex. Meanwhile, patent law can involve cutting-edge technology with complex scientific and technical principles.

Patent Law I is a pre-requisite for Patent Law II. Patent Law I focuses on law and principles for granting patent rights; Patent Law II focuses on law and principles for enforcing patent rights. Together, they will provide you a systematic understanding of a typical patent law system, in this case, the U.S. patent law system. You do not need a technical background to take the courses; however, you should be open to learning about the inventions you will encounter in reading the cases and doing the assignments throughout the course.

Instructor: Joy Xiang

Patent Law I and Patent Law II are for students who intend to focus their practice on patent law and students preparing for a legal career with other focuses and wanting to understand a patent system.  Intellectual properties, especially patents, play an increasingly important role in developing domestic economies and participating in global trade.  Hence, those practicing in other areas of law and even those functioning in the non-legal capacities will face intellectual property and patent issues at some point in their careers.  Understanding patent law is especially useful to those representing or working for technology companies.  That said, the study of patent law can be demanding.  The legal doctrines of patent law are intricate and complex.  Meanwhile, patent law can involve cutting-edge technology with complex scientific and technical principles. 

This course, along with Patent Law I, will provide a systematic discussion of a typical patent law system, in this case, the U.S. patent law system. Patent Law I focuses on law and principles for granting patent rights; Patent Law II focuses on law and principles for enforcing patent rights. You do not need a technical background to take the course; however, you should be open to learning about the inventions you will encounter in reading the cases and doing the assignments throughout the course.

To take this course, you need to have taken Patent Law I or its equivalent. Otherwise, please obtain the Professor’s permission before registering for the course.

国际税法的学习目的是使学生了解跨境经济活动会带来不同于单纯国内交易的税法效果考量。在全球化的大背景下，跨境经济活动日益频繁，从国际税法的角度，需要考虑如何对这些跨境交易合理分配相关国家和地区间的税收管辖权，一方面既可以保证各管辖区的征税权，另一方面对个人和企业来说，不会因参与跨境经济活动而承担额外的税负。本课程通过对国际税法的产生发展、概念和原则的介绍，参照中国、美国和其他国家的具体规则，结合相关案例的讨论，帮助学生建立处理国际税法问题的意识和分析相关问题时所需要的工具。

Through the study of individual cases from multiple jurisdictions, this course develops understanding of the key elements of American criminal law: actus rea, (intent), mens rea (the act) concurrence and causation. The course examines the evidence and factors that courts and juries consider in determining the culpability of a defendant, and possible defenses a defendant might raise to a particular accusation. The course pushes students to think about the principles that have led the U.S. to structure its criminal justice system in the way that it has, and whether or not it is effective in realizing those principles.

Legal Analysis, Writing, and Research helps acclimate students to law school and to the basic tasks required for the first year of legal writing: understanding the relationships between judicial opinions, reading judicial opinions (critically), deriving legal rules from judicial opinions, and applying legal rules to new sets of facts. Students learn the basics of good legal writing, from the contexts in which legal writing is used, to the use of rubrics (IRAC and CREAC) to help structure writing, to the effective use of analogies to construct legal argument.

本课程主要围绕中国企业并购法的内容展开。主要内容包括公司合并法制、公司分立法制、股票转移与股票交换、营业转让等部分。

Professional Responsibility is a required upper-level course concerned with the ethical standards, professional responsibilities, and regulation of attorneys and judges. The course prepares students to take the Multistate Professional Responsibility Exam (MPRE), as well as providing a basis for making professionally responsible decisions in actual practice. The course draws upon comparative and international material when relevant.

本课程主要讲述知识产权基本原理以及版权法、商标法、专利法的基础理论与案例。本课程主要采用讲授、讨论的方式，有经典的基础理论，也有国内外代表性案例的评析。通过本课程的学习，学生可以对知识产权法专业方向的主干领域有较深入了解，初步掌握运用知识产权规则的方法，具备观察和解决知识产权领域中理论与实际问题的基本能力。

本课程的内容为金融法律制度的说明。本课程的具体内容包括金融监管体制、证券法律制度、信托法律制度、新金融的法律制度等内容。通过让选课学生了解前沿的金融法律知识，使学生对于金融法律能有更为全面、深入、准确地掌握。

本课程主要围绕中国公司法的内容展开。主要内容包括总论、公司设立、公司治理、公司资本制度等部分。

本课程主要围绕中国企业并购法的内容展开。主要内容包括公司合并法制、公司分立法制、股票转移与股票交换、营业转让等部分。

This course covers the major concepts and issues of Anglo-American property law. Topics to be covered in the first quarter include the concept of property in Anglo-American property law, property theory, the ownership of real property, adverse possession, the ownership of personal property, estates and future interests in land, concurrent ownership, and marital property. Topics to be covered in the second quarter include the leasing of real property (e.g., nonfreehold estates, assignments, subleases), private land use planning (e.g., easements, real covenants, equitable servitudes), land use regulation, eminent domain, and takings.

This two-quarter course covers the law of civil injuries and liabilities. The goal of Torts I is to focus in depth on the areas in torts that are the highest-stakes litigation areas, namely the theory of negligence, medical malpractice and emotional harm. Torts II focuses on developing critical thinking skills, so as to provide the intellectual foundation for more advanced torts topics such as products liability, and for new legal areas beyond torts.

本课程主要涉及民法学中具有共通性的部分（包括传统的民法总则和部分合同法内容），是学习债权法、物权法和民事特别法的重要基础。课程主要采用讲授和讨论的方式，学生需要课前阅读材料、参与课堂讨论，并完成课后作业。通过本课程的学习与训练，学生应当对民法的体系和范围有基本的了解，对民法思维方法有较为扎实的掌握，对涉及的各项民法制度在法学原理和现行法律规定上有全面的掌握，初步掌握在相关制度问题上针对具体案例寻找法律、解释与适用法律的能力，包括进行政策分析的能力。

本课程的内容包括债权法、物权法的基本制度与理论，是民法学的核心内容，在民法学诸领域中规则和理论最复杂、实用性最强、适用面最广。

本课程的目标是，让学生具备扎实的债权法与物权法基础，对于基本的理论框架、我国现行法上的基本规定有比较深入的了解，熟练掌握针对具体案件寻找法律、解释与适用法律的能力，包括进行政策分析的能力，并初步接触作为律师提供法律意见、草拟合同条款的技巧。

法学核心课程之一。本门课程旨在对刑事诉讼的基本原理、中国刑事诉讼的基本原则、基本制度和诉讼程序进行理论分析和系统解释。从理论上阐述诉讼法律关系、诉讼主体、诉讼结构、诉讼模式等刑事诉讼基础理论；阐述我国刑事诉讼法的基本原则和主要制度；论述刑事诉讼证据和证明的基本理论和制度；用规范解释方法阐述我国刑事诉讼法规定的主要内容与重要的诉讼程序规范。刑事诉讼法分总论和分论两编，教学内容既以现行法律为依据，又不拘泥于法律条文本身，意在通过现行法文本之解释阐发刑事诉讼的一般理论和基本制度，并结合刑事司法实践解读基础知识和基本理论。课程采取专题讲授和研讨方式进行。

本课程主要围绕中国公司法的内容展开。主要内容包括总论、公司设立、公司治理、公司资本制度等部分。

本课程主要涵盖物权法相关内容（包括物权基础理论、所有权、用益物权、担保物权以及基本的信托法知识）。物权法是民法学课程的重要组成部分，涉及民法学中最基础的概念和理论，与债权法和许多民事特别法都有密切的联系，理论与规范复杂、实用性强、适用面广。本课程的目标，是让学生具备扎实的物权法基础，对于基本的理论框架、我国现行法上的基本规定有比较深入的了解，熟练掌握针对具体案件寻找法律、解释与适用法律的能力，包括进行政策分析的能力。

通过本课程的教学，使学生全面、系统地掌握刑法学的基本理论，具备运用所学知识分析案例与解决问题的能力，并为今后的进一步学习打下坚实基础。要求学生牢固掌握的内容有：刑法的概念、特点和我国刑法的基本原则；犯罪的概念；刑法的任务；刑法的解释；犯罪构成理论；客观不法构成要件；主观不法构成要件；违法性及正当化事由；错误理论；犯罪的停止形态；共同犯罪；竞合形态；刑罚的概念、目的与我国刑罚的种类；各项量刑制度、行刑制度；刑法分则中的重要犯罪。

本课程主要围绕中国公司法法的内容展开。主要内容包括总论、公司设立、公司治理、公司资本制度等部分。

通过本课程的教学，使学生全面、系统地掌握刑法学的基本理论，具备运用所学知识分析案例与解决问题的能力，并为今后的进一步学习打下坚实基础。要求学生牢固掌握的内容有：刑法的概念、特点和我国刑法的基本原则；犯罪的概念；刑法的任务；刑法的解释；犯罪构成理论；客观不法构成要件；主观不法构成要件；违法性及正当化事由；错误理论；犯罪的停止形态；共同犯罪；竞合形态；刑罚的概念、目的与我国刑罚的种类；各项量刑制度、行刑制度；刑法分则中的重要犯罪。

This is a practice-oriented course designed to provide essential legal knowledge and practical skills fundamental to private practice in China-foreign business transactions. It will examine the regulatory framework governing, and major practical issues relating to, business transactions between entities and individuals of China (PRC) and foreign jurisdictions.  Areas to be covered include Chinese-foreign joint ventures, M&A, PE/VC investment, technology transfer, anti-corruption and FCPA, commercial contracts, employment, anti-monopoly, environmental protection and other related fields. Emphasis will be given to the evolution of the ever-changing Chinese regulatory environment and the technical skills in representing foreign business clients in conducting various types of commercial and business transactions, including best practices in understanding, interpreting and communicating ambiguities and uncertainties in Chinese laws and regulations and in reviewing, drafting and negotiating bilingual commercial contracts.

法学核心课程之一。本门课程旨在对刑事诉讼的基本原理、中国刑事诉讼的基本原则、基本制度和诉讼程序进行理论分析和系统解释。从理论上阐述诉讼法律关系、诉讼主体、诉讼结构、诉讼模式等刑事诉讼基础理论；阐述我国刑事诉讼法的基本原则和主要制度；论述刑事诉讼证据和证明的基本理论和制度；用规范解释方法阐述我国刑事诉讼法规定的主要内容与重要的诉讼程序规范。刑事诉讼法分总论和分论两编，教学内容既以现行法律为依据，又不拘泥于法律条文本身，意在通过现行法文本之解释阐发刑事诉讼的一般理论和基本制度，并结合刑事司法实践解读基础知识和基本理论。课程采取专题讲授和研讨方式进行。

《中国刑法专题》不仅重点讲授刑法教义学基本理论体系，而且引导学生理论联系实际，学会运用刑法理论、中国刑法规定分析解决实际案件。

本课程教学环节包括学生自学、课堂讲授、案例讨论以及期末考试。学生应当通过自学，系统全面地掌握刑法学基本原理与中国刑法基本规定。课堂讲授采取点面结合的方式，在兼顾体系的基础上着重讲授专题，辅之以提问与互动。期末考试采取写作课程论文的方式，字数要求5000—8000字。

本课程分为两个部分。第一部分为商法总论，主要介绍商人、商行为等内容。第二部分为商法分论，主要介绍公司法、证券法、保险法等部门法的基本内容。

本课程以教授中国宪法（学）的基本框架和主要内容（宪法基本决策、公民基本权利、国家机关、宪法监督和实施）为核心内容，在此基础上，结合相关的宪法案（事）例，培养学生解释和适用宪法规范的技能。 课程要求学生投入阅读和专研时间，进行宪法评注和宪法案例分析的练习。

本课程分为两个部分。第一部分为商法总论，主要介绍商人、商行为等内容。第二部分为商法分论，主要介绍公司法、证券法、保险法等部门法的基本内容。

本课程主要围绕中国经济法的内容展开。主要内容包括中国经济法总论部分、资本市场监管、市场组织法等部分。

主讲教师: 刘哲玮 (Liu Zhewei)

本课程旨在传授关于中国民事诉讼法的通识性知识，让学生对民事诉讼程序和相关原理有基本认识。课程目标具体有二：

在诉讼程序方面，学生通过学习本课程，能够基本了解我国民事诉讼法典的结构和内容，理解民事诉讼的一般流程，能运用民事诉讼法解决一般的民事纠纷，基本达到通过司法考试水平。

在诉讼法理方面，学生通过学习本课程，能大致了解民事诉讼法学基础理论，并能够运用某些基础理论分析我国立法和司法解释的问题；部分优秀学生能够综合运用民事诉讼法和民事实体法，解决复杂诉讼的问题。

本课程以教授中国宪法（学）的基本框架和主要内容（宪法基本决策、公民基本权利、国家机关、宪法监督和实施）为核心内容，在此基础上，结合相关的宪法案（事）例，培养学生解释和适用宪法规范的技能。 课程要求学生投入阅读和专研时间，进行宪法评注和宪法案例分析的练习。

本研讨课的主题为宪法基本权利。本研讨课的主要目的有三，一是通过阅读了解我国宪法学者关于基本权利的研究情况，包括研究主题、内容、方法及其发展；二是了解基本权利的法教义学建构，鉴于我国宪法法教义学建构工作基本参照德国宪法学教研模式，学生需要阅读德国基本权利法教义学的文献（Christian Bumke/Andreas Voßkuhle: German Constitutional Law : Introduction, Cases, and Principles, Oxfold Presse 2019），在此基础上对比我国宪法学者相关主题的写作；三是训练学生以基本权利为题目的论文写作，侧重题目的选择、文献检索和提纲写作。选课同学需选择从给定的或者与授课老师商定的题目中认领一题目，撰写6000字以上论文，论文质量将作为确定研讨课最终成绩的基础。

写作具体要求：写作原则上需要以相关基本权利的法律适用为内容，论文基本结构为：问题的提出（可以以具体的案例展开）；相关基本权利的法理基础（讨论权利的正当性问题）；宪法具体规定（必要时可延伸到部门法的保护）；相关学术研究的发展和现状（查看我国宪法学者是如何处理相关基本权利适用的问题的，有无提出权利保护的审查基准）；相关司法判决；在阅读文献和司法判决的基础上，就如何切实保障基本权利提出自己的意见。【注意：以上结构主要针对单个基本权利适用问题，其中任何一点都可以深入为独立的论文，但需要建立在对以上内容的了解基础上。如果论文偏向体系或教义学建构或其他非适用问题，则需要根据具体问题和文献结构。】

本课程主要讲述中国语境下的金融法与证券法的基本原理、业务规则及相关案例，采用任课教师主讲、学生做小报告和案例分析互动等多种方式，紧密结合中国的金融法制和当下的金融改革，内容涵盖中国金融监管、业务规范和相关法律责任。通过本课程的学习，学生得以熟悉中国直接金融和间接金融的法律制度概况，掌握金融/证券业务的法律原理、制度规则和监管要求，了解违法违规行为的法律责任，培养从事金融/证券业务的法律思维并掌握相应的法律技能，同时能够开阔视野，加深对金融创新与法律监管二者关系的理解，更好地适应经济社会的发展需要。

本课程旨在传授关于中国民事诉讼法的通识性知识，让学生对民事诉讼程序和相关原理有基本认识。课程目标具体有二：

在诉讼程序方面，学生通过学习本课程，能够基本了解我国民事诉讼法典的结构和内容，理解民事诉讼的一般流程，能运用民事诉讼法解决一般的民事纠纷，基本达到通过司法考试水平。

在诉讼法理方面，学生通过学习本课程，能大致了解民事诉讼法学基础理论，并能够运用某些基础理论分析我国立法和司法解释的问题；部分优秀学生能够综合运用民事诉讼法和民事实体法，解决复杂诉讼的问题。

本课程主要涉及民法学中具有共通性的部分（包括传统的民法总则和部分合同法内容），是学习债权法、物权法和民事特别法的重要基础。课程主要采用讲授和讨论的方式，学生需要课前阅读材料、参与课堂讨论，并完成课后作业。通过本课程的学习与训练，学生应当对民法的体系和范围有基本的了解，对民法思维方法有较为扎实的掌握，对涉及的各项民法制度在法学原理和现行法律规定上有全面的掌握，初步掌握在相关制度问题上针对具体案例寻找法律、解释与适用法律的能力，包括进行政策分析的能力。

课程内容：将介绍国际经济法的一些基本理论、基本原则、基本制度、基本规范，并着重研讨国际经济法若干重要领域，诸如国际货物贸易法、国际服务贸易法、国际技术贸易法、国际投资法、国际货币金融法、国际税法、国际商事仲裁法等。

教学方法及目的：任课教师以讲授为主，辅以课堂讨论，结合丰富的国内外相关案例深入浅出地介绍、分析和研究国际经济法各领域的具体问题、难点问题,这不仅使学生学到相关知识和技能，训练并提高自身的逻辑思维能力，还可以使学生们在当今中国经济腾飞、对外交往迅速扩大的时代背景下,及时提升自身的竞争实力，掌握一项促进国际经贸往来、维护自身合法权益的有力工具，以应对现实纷繁复杂的国际（涉外）民商事实务。

本课程旨在传授中国行政法学通说，在尽可能覆盖重要知识点的同时，通过实务案例研习训练学生实际应用相关知识的能力，包括行政法的概念、渊源体系、基本原则、行政主体的内涵和外延、行政行为及其成立、生效、无效、撤销和废止、行政立法、行政处罚、行政强制、行政许可与确认相关概念、制度和规则以及行政诉讼受案范围、原告资格、审查标准、裁判方式等。

本课程的内容包括债权法、物权法的基本制度与理论，是民法学的核心内容，在民法学诸领域中规则和理论最复杂、实用性最强、适用面最广。

本课程的目标是，让学生具备扎实的债权法与物权法基础，对于基本的理论框架、我国现行法上的基本规定有比较深入的了解，熟练掌握针对具体案件寻找法律、解释与适用法律的能力，包括进行政策分析的能力，并初步接触作为律师提供法律意见、草拟合同条款的技巧。

本课程旨在传授中国行政诉讼法学通说，在尽可能覆盖重要知识点的同时，引导学生探讨相关疑难问题，并通过实务疑难案例研习训练学生实际应用相关知识的能力，课程学习重点包括行政法案例研习方法、我国行政诉讼特色、行政诉讼受案范围、原告、被告、第三人、举证责任与证据规则、司法审查原则和标准、裁判方式等。

本课程主要涵盖物权法相关内容（包括物权基础理论、所有权、用益物权、担保物权以及基本的信托法知识）。物权法是民法学课程的重要组成部分，涉及民法学中最基础的概念和理论，与债权法和许多民事特别法都有密切的联系，理论与规范复杂、实用性强、适用面广。本课程的目标，是让学生具备扎实的物权法基础，对于基本的理论框架、我国现行法上的基本规定有比较深入的了解，熟练掌握针对具体案件寻找法律、解释与适用法律的能力，包括进行政策分析的能力。

本课程主要以我国现行民商事法律制度为基础，通过实例的研习，训练学生准确、全面、有效地进行法律检索和法律研究的能力。课程采用讲授与讨论相结合的方式，学生课前需要阅读相关材料、课上需要积极参与讨论、课后需要完成必要的作业。通过本课程的学习与训练，学生应当对我国的法律体系与法律渊源（尤其是民商事法律）有更全面的了解；能够更准确地识别、界定与描述不同类型的法律问题，并基于不同的研究目的，较为熟练地使用常用的检索工具与检索方法，进行专业的法律检索、分析与写作；同时，在更一般的意义上，对法律思维方法和解释、适用法律的能力有较为扎实的掌握。

本课程将在学生已经掌握民法基本原理的基础上，结合案例与实证法，以概念的准确运用为支点，培养并训练学生精准与熟练的民法思维。课程内容包括十个专题，分割为五个单元。具体安排如下：第一单元民法典基础，讨论民法典编纂的一般理论；第二单元负担行为与处分行为，包括两个专题：概念辨析；物权行为理论；第三单元意思表示的解释，包括两个专题：菜单案、韩寒悬赏案；第四单元法律行为的效力瑕疵，包括三个专题：行为能力问题、画家村案、抵押物让与问题；第五单元请求权基础的探寻，包括两个专题：福克斯案、请求权基础方法演练。

本门课程的重点在于，从理解人类社会的治理和秩序的角度，来理解中国的法律、社会和思想文化，我们共同来思考中国法律的形态如何？为什么会有这种形态？这种形态是基于怎样的社会问题、什么样的秩序观念为背景而形成的？在这种形态下造成了怎样的社会？这种社会又产生了怎样的问题？这种问题又如何影响了法律形态的变化？在这种变化当中，不断或相继的确立了怎样的法律原则及法律运行机制？并相应的辅以怎样的治理模式？在这种秩序追求和法律形态及运行中，国家或政府处于一种什么样的地位？社会自身如何构成并遵循怎样的规范运作，在政府与社会之间形成一种怎样的关系？社会自身的规范及纠纷解决依循怎样的原则进行？从上述几个大的方面着手，我们来共同研究中国法律。

本课程为法学方法论兼案例分析课程，将通过案例分析着重训练学生的法律思维（依法裁判的思维）以及区分法律思维与非法律思维的能力。

具体任务为：（1）教授学生了解法学方法论的一般知识框架（法律解释、漏洞补充和法律续造）；（2）培养学生查阅法律规范的意识和习惯；（3）培养学生法律解释和法律论证的技能；（4）在此基础上，适当提升法学院学生的批判性思维能力。参与本课程的学生应基本学完民法、刑法、宪法与行政法以及诉讼法等法学基础课程，初步掌握各部门法基本教义学知识体系的法学院学生。

主讲教师: 孔庆平 (Kong Qingping)

本课程试图以贯通中国法系、大陆法系和英美法系的广阔视野，以法律是什么为其核心，进行讲授与讨论，首先，我们将从规范的意义上，从形式上来探讨法律的规范结构，法律体系的构成；其次，从法律运行和适用的角度，来探讨如何寻找、获取、认识和解释法律的理论；最后，我们将探讨法律的正当性及其本质，究竟什么是法律，在人类的生活当中，法律如何来指引和规范人在政治生活中，谋求良好的生活，是实现其权利？还是获得其美德？从中国历史和文化的角度，我们如何理解中国法律的困境，思考如何从中国文化自身衍生出现代法律理论的正当性基础。

本课程希望通过完整、系统的民事案例练习，训练学生形成法律人应具有的民法思维和技能，提升分析实务案例的能力。课程要帮助学生学习各门基础性的法律部门所包含的法律知识和应用能力，如援引、解释和适用法律条文，并训练学生在这个过程中学会利用判例、学说和比较法，还要训练学生对不同的利益进行权衡的能力，对不同法律理由、法律观点进行权衡和评价的能力。从技能的角度，请求权基础方法以及法律解释方法的训练是本课程的重点。

本课程采用作业、讨论、讲授相结合的教学方式。每次课程之前布置一定的阅读材料，并要求学生在课前完成一定的作业。教师在阅读作业后，有针对性地组织课堂讨论，最后总结性地对相关的民法知识进行讲授，并以对法律解释、适用的方法进行总结、深化。教师会对部分作业在课后提供参考答案，供学生参考。

本课程主要讲述知识产权基本原理以及版权法、商标法、专利法的基础理论与案例。本课程主要采用讲授、讨论的方式，有经典的基础理论，也有国内外代表性案例的评析。通过本课程的学习，学生可以对知识产权法专业方向的主干领域有较深入了解，初步掌握运用知识产权规则的方法，具备观察和解决知识产权领域中理论与实际问题的基本能力。

本课程教学内容将以税收功能为起点，解析我国税收法治的发展历程，探究立法目的，解读法条并进行案例分析，重点讲解我国目前18个税种中的7个，包括增值税、消费税、营业税、土地增值税、关税、企业所得税、个人所得税，这7个税种的收入占到我国税收收入的90%，同时也会对11个小的税种进行简单介绍，并帮助大家了解国际税制。授课方式以课堂讲解为主，随堂练习和师生互动为辅。希望通过教学，使得学生能够掌握我国税法的总体框架、重点税种的税制设计和征管。

主讲教师: 金自宁 (Jin Zining)

本课程旨在传授中国行政法学通说，在尽可能覆盖重要知识点的同时，通过实务案例研习训练学生实际应用相关知识的能力，包括行政法的概念、渊源体系、基本原则、行政主体的内涵和外延、行政行为及其成立、生效、无效、撤销和废止、行政立法、行政处罚、行政强制、行政许可与确认相关概念、制度和规则以及行政诉讼受案范围、原告资格、审查标准、裁判方式等。

主讲教师: 金自宁 (Jin Zining)

本课程旨在传授中国行政诉讼法学通说，在尽可能覆盖重要知识点的同时，引导学生探讨相关疑难问题，并通过实务疑难案例研习训练学生实际应用相关知识的能力，课程学习重点包括行政法案例研习方法、我国行政诉讼特色、行政诉讼受案范围、原告、被告、第三人、举证责任与证据规则、司法审查原则和标准、裁判方式等。

本课程主要讲述中国语境下的金融法与证券法的基本原理、业务规则及相关案例，采用任课教师主讲、学生做小报告和案例分析互动等多种方式，紧密结合中国的金融法制和当下的金融改革，内容涵盖中国金融监管、业务规范和相关法律责任。通过本课程的学习，学生得以熟悉中国直接金融和间接金融的法律制度概况，掌握金融/证券业务的法律原理、制度规则和监管要求，了解违法违规行为的法律责任，培养从事金融/证券业务的法律思维并掌握相应的法律技能，同时能够开阔视野，加深对金融创新与法律监管二者关系的理解，更好地适应经济社会的发展需要。

主讲教师: 茅少伟 (Mao Shaowei)

本课程主要以我国现行民商事法律制度为基础，通过实例的研习，训练学生准确、全面、有效地进行法律检索和法律研究的能力。课程采用讲授与讨论相结合的方式，学生课前需要阅读相关材料、课上需要积极参与讨论、课后需要完成必要的作业。通过本课程的学习与训练，学生应当对我国的法律体系与法律渊源（尤其是民商事法律）有更全面的了解；能够更准确地识别、界定与描述不同类型的法律问题，并基于不同的研究目的，较为熟练地使用常用的检索工具与检索方法，进行专业的法律检索、分析与写作；同时，在更一般的意义上，对法律思维方法和解释、适用法律的能力有较为扎实的掌握。

主讲教师: 孙维飞 (Sun Weifei)

这门课程针对的对象是已有侵权法基础知识的学生，目的在于进一步加深学生对侵权法中若干关键主题（如侵权法保护的客体、过错与因果关系等）与现行实证法的理解。课程教学主要采用案例研讨的方法，尤其注重培养学生用理论分析解决实务问题的能力。

本课程采取专题形式，以讲授为主。大纲主要分为8个部分内容，运用理论联系实际的方法，采取以中国立法与实践为中心，介绍国际私法的基本理论与基本制度，阐述国际私法各个分支的主要原理，反映国际私法的最新研究成果与最新立法，总结、概括我国国际私法立法的成就、不足和问题，同时也要吸收、借鉴外国国际私法立法和国际社会国际私法的立法经验，为我国国际私法的制度完善提供理论与实践基础。其目的是为了让学生掌握冲突法的基本理论和制度，特别是我国《涉外民事法律适用法》等规则制度，培养学生运用学科理论分析思考和解决涉外民事法律冲突的能力与技能，为我国对外经济交往和对外交流服务。

国际税法的学习目的是使学生了解跨境经济活动会带来不同于单纯国内交易的税法效果考量。在全球化的大背景下，跨境经济活动日益频繁，从国际税法的角度，需要考虑如何对这些跨境交易合理分配相关国家和地区间的税收管辖权，一方面既可以保证各管辖区的征税权，另一方面对个人和企业来说，不会因参与跨境经济活动而承担额外的税负。本课程通过对国际税法的产生发展、概念和原则的介绍，参照中国、美国和其他国家的具体规则，结合相关案例的讨论，帮助学生建立处理国际税法问题的意识和分析相关问题时所需要的工具。

主讲教师: 张潇剑 (Zhang Xiaojian)

课程内容：将介绍国际经济法的一些基本理论、基本原则、基本制度、基本规范，并着重研讨国际经济法若干重要领域，诸如国际货物贸易法、国际服务贸易法、国际技术贸易法、国际投资法、国际货币金融法、国际税法、国际商事仲裁法等。

教学方法及目的：任课教师以讲授为主，辅以课堂讨论，结合丰富的国内外相关案例深入浅出地介绍、分析和研究国际经济法各领域的具体问题、难点问题,这不仅使学生学到相关知识和技能，训练并提高自身的逻辑思维能力，还可以使学生们在当今中国经济腾飞、对外交往迅速扩大的时代背景下,及时提升自身的竞争实力，掌握一项促进国际经贸往来、维护自身合法权益的有力工具，以应对现实纷繁复杂的国际（涉外）民商事实务。

This course explores the central concept of judicial proof in comparative perspective. Through extensive reading, viewing and class discussion of related materials in both Chinese and English languages relating to facts, truth and evidence, judicial process, evidentiary proof from both continental law and common law jurisdictions, mainly the United States, China and selected European countries, this course intends to enhance students’ understanding of the principal concepts of judicial proof and the working process of judicial trials in the United States and China in which evidence plays a central role.

本课程以司法证明为核心，探讨和比较世界两大法律体系（大陆法与普通法）之下，司法审判事实认定过程的异同。主要阅读和讨论材料来自欧、美和中国司法证明的法律和实践，探讨事实与证据、证据法、司法证明等基本概念，认识司法证明原则与具体进程和程序在不同法律体系之下的异同。通过阅读、课堂讨论和课后作业，学生可以了解司法证明的原理、规则以及在不同司法制度框架内的运作方式，加深对证据法理解和对司法证明操作层面的掌握。

本课程希望通过完整、系统的民事案例练习，训练学生形成法律人应具有的民法思维和技能，提升分析实务案例的能力。课程要帮助学生学习各门基础性的法律部门所包含的法律知识和应用能力，如援引、解释和适用法律条文，并训练学生在这个过程中学会利用判例、学说和比较法，还要训练学生对不同的利益进行权衡的能力，对不同法律理由、法律观点进行权衡和评价的能力。从技能的角度，请求权基础方法以及法律解释方法的训练是本课程的重点。

本课程采用作业、讨论、讲授相结合的教学方式。每次课程之前布置一定的阅读材料，并要求学生在课前完成一定的作业。教师在阅读作业后，有针对性地组织课堂讨论，最后总结性地对相关的民法知识进行讲授，并以对法律解释、适用的方法进行总结、深化。教师会对部分作业在课后提供参考答案，供学生参考。

The legal system is entering a period of profound transformation brought on by new technologies and alternative business models. Legal innovation backed by new technologies can drive down costs, make the delivery of legal services more productive, and facilitate better access to justice for citizens. As AI and other digital technologies permeate more of our lives, they increasingly become the source of legally significant events. This means that those who study and/or practice law increasingly need to understand the digital context. At the same time, those who develop software increasingly need to understand potential legal consequences of design choices.

As information technology rapidly advances, the laws governing the digital realm must evolve in response. This seminar critically examines legislators', judges', and scholars' recent efforts to tackle the unique challenges posed by the increasingly complex digital landscape.

The course delves into the impact of AI technologies, such as generative AI, on society, and investigates the role of platform governance in shaping public discourse. Students will engage in critical analysis of contemporary legislation, judicial decisions, and scholarly insights to deepen their understanding of the dynamic nature of internet regulation in the digital age. Emphasizing the need for adaptable legal responses to rapidly evolving technologies, this seminar fosters a comprehensive appreciation of the ever-changing terrain of internet governance.

我们目前所处的时代被成为数字化时代，数字科技已经改变了我们生活的方方面面，重塑了商业模式和经济结构，带来了生产力和生产关系方面的重大变化。法律是一门保守的学科，其中的许多基本概念和原理起源于农业时代，无论是亨利二世时代的英格兰还是查士丁尼时代的古罗马，其中体现的核心价值是矫正正义，即救济被有过错的个人行为损害的权益，恢复秩序的原来状态。这种传统的法律构型面对数字科技所带来的一系列新问题，从大规模个人信息处理、网络安全到行为诱导和行为操纵，已经捉襟见肘。本课程旨在从数字技术的普遍应用带来的基本社会关系变化（比如电商与消费者关系、平台与零工关系、社交网络与用户关系）入手，讨论其中的法律关系和法律问题。通过学习这门课程，学生将理解数字技术应用的基本社会、文化、政治和商业场景，在了解基本社会和行业事实的基础上进行相应的法律分析，从而为未来从事相关职业（比如数据保护官、隐私专员、律师以及智慧法院、智慧检务和智慧公安环境中的公共服务职业）或进行相关学术研究打下基础。

This course examines the interplay between intellectual property law, innovation and economic development. It focuses on cutting-edge technologies including information technology, biotechnology, green technology, 3-D printing, AI, and Blockchain/NFT, among others, to assess how these technologies have changed the landscape of IP law on the one hand, and how IP law have affected the development of these technologies on the other hand. Specifically, this course uses judicial cases and practical examples to illustrate how IP (patent in particular) for aforementioned technological inventions have affected the dissemination and access to technologies and essential medicines, and how IP regime has been employed to protect genetic resources/traditional knowledge and green technologies, and whether such protection promotes or impedes innovation and technology transfer in these industries, and how IP protection has affected social and economic development of developing countries and least-developed countries. Last but not the least, the course investigates IP-related antitrust issues, and discusses how to strike a balance between IP and competition for the benefit of technology innovation and economic development.

The development of the Internet and, more recently, Internet-based applications such as Facebook, Kaixin Wang, Weibo, Twitter, Whatsapp, Wechat, Spotify, Uber, Didi Taxi, Airbnb have generated new types of communications between individuals across the globe. The rise of the internet has disrupted many aspects of our society, including law. Courts, policymakers, and law enforcement officials around the globe are struggling to resolve the clashes, both by adapting existing legal remedies and by developing new ones. This course will examine the effect of the internet on varied areas of legal doctrine, including intellectual property, technology related ethics, privacy, jurisdiction, contract, and collective enforcement of consumer protection in the context of digital economy. It also considers specialized internet regulation such as intermediary liability regimes, platform regulation, new challenges for the policymaking regarding the sharing economy.

This course will explore how China (and for a comparative law analysis also the United States, European Union, and other countries) are currently responding to the new challenges and are likely to respond in the coming years.

As we begin the second decade of the twentieth century, there are few fields of law more immediately pressing than information privacy law. The amount of personal information businesses and governments collect about people, and how these actors use and share people’s personal information, are rapidly expanding. New technologies raise far-reaching questions about our society’s privacy expectations and cultural values. Questions that the law plays a crucial role in answering.

While the privacy challenges posed by emerging technologies involving big data, artificial intelligence, facial recognition, biometrics, and more are indeed cutting-edge, in some respects, they are nothing new. The law has been grappling with balancing the tension between one person’s right to be let alone and another’s right to know for over a century. The legal principles developed in response to earlier privacy threats find continued relevance as lawmakers and courts decide how to respond to the privacy threats of our day. This course will accordingly span foundational privacy issues in tort and consumer protection law; laws regarding the collection, use, storage, and transfer of personal information; and emerging issues in privacy law. While most of the course will focus on US law, we will seriously engage with EU and Chinese data protection.

本课程为个人数据保护法的入门课程。本课程将从比较法视角探讨个人数据保护法，侧重于比较欧盟的《通用数据保护条例（GDPR）》和中国的《个人信息保护法》，亦会涉及部分美国数据保护法律法规，特别是《加州消费者隐私法案(CCPA)》。

课程的教学目标有三方面：1.通过对个人数据保护法的历史沿革、国际发展趋势、立法目的，数据保护与隐私保护的区别与联系等方面的学习，使学生能够从宏观视角认识个人数据保护法作为信息社会基础性法律制度的重要性。2. 通过了解世界主要国家和地区在个人数据保护的基本理念和法律框架、原则和概念等方面的异同，培养学生的国际视野和处理跨国界数据保护问题的能力。3. 作为个人数据保护法的入门课程，本课程也希望为学生未来更深入细致地学习和在实践中运用特定法域的数据保护法奠定良好基础。

The purpose of the course is to critically address the regulatory challenges that are brought about by big data, algorithms and Artificial Intelligence and the answers that governments – particularly in Europe – are providing. After providing a general overview of the relevant policies on data, the course covers selected issues, such as data protection, competition, data ownership, algorithmic society, and, finally, civil liability arising from the use of emerging digital technologies.