Temple University School of Law - Program in Japan Course Descriptions: Spring Semester 2017 Semester: January 10 – April 28 Course Title Credits Instructor Day/Time Start Date Room# (All in Mita) Comparative Corporate Governance 3 Sharon Randall Mondays 18:30-21:30 January 16 502 Comparative Immigration Law 3 Marcus Kosins Tuesdays 18:30 - 21:30 January 10 503 Constitutional Law 3 Robert J. Reinstein Mondays 18:30-21:30 January 16 402 East-West Negotiations 3 Douglas Hymas and Bryan Koslow Thursdays 18:30 - 21:30 January 12 503 Evidence 3 M. Taylor Aspinwall Mondays 18:30-21:30 January 16 403 International Contract Drafting 3 Stan Yukevich and Julie Miller Wednesdays 18:45 - 21:45 January 11 403 International Development & Policy Law (writing seminar) 3 Vipasha Bansal Wednesdays 18:30 - 21:30 January 11 502 International Taxation 2 Paul Previtera and Dean Page 1/10-13 (Tue.-Fri.) and 1/17-20 (Tue.-Fri.) 9:00 - 12:00 January 10 504 Introduction to the American Legal System 2 Mason Hester Saturdays 10:00 - 12:00 January 14 502 Introduction to Japanese Law 3 Nathan Frost and Katsuya Natori Tuesdays 18:30 - 21:30 January 10 403 National Security Law (writing option) 2 Robert J. Reinstein Wednesdays 15:30-17:30 January 11 405 Professional Responsibility 3 Ric Fouad Thursdays 18:30 - 21:30 January 12 403 January 10 405 February 1 405 Guided Research 2 or 3 Tina Saunders Survival Japanese non-credit Akiko Yoshida Beginning Japanese non-credit Nozomi Takano Mon. - Fri. 13:15-14:45 (1/10-1/30) (22.5 hours) Mon., Wed., and Fri. 12:15-15:15 (2/1-2/24) (36 + 4 hours [cultural activities]) U.S. Bar Exam Study Course non-credit TBD TBD COMPARATIVE CORPORATE GOVERNANCE (3 credits) Sharon Houle Randall, Principal Houle Randall LLC This course will examine issues relating to corporate governance and ownership, including the legal structure of business entities in the U.S. and other countries; the duties of directors; and the roles of shareholders and employees. The course may also cover issues relating to the role of investors in and regulators of publicly traded corporations. COMPARATIVE IMMIGRATION LAW (3 credits) Macus Kosins, Managing Partner, Kosins International Law Office This course surveys the key areas of U.S. and Japanese immigration law, and provides students with a sound understanding of not only the law, but its application in practice. Cases and articles are used to illustrate the topics and issues that are relevant to both practicing lawyers and students of immigration law. The course will cover traditional areas such as political asylum and refugees, nonimmigrant and immigrant visas, as well as other issues to provide an insight into the practice of immigration law. CONSTITUTIONAL LAW I (3 credits) Robert J. Reinstein, Clifford Scott Green Chair Professor of Law, Temple University Beasley School of Law Judicial review of legislative and executive actions in a constitutional setting, the relationship of the states to the federal government (Federalism), the relationship of the people to government (Bill of Rights) and the powers of the Congress are considered. This subject is tested on many U.S. Bar Examinations. EAST-WEST NEGOTIATION (3 credits) Douglas Hymas, Country Executive for Japan and general manager, BNY Mellon Bryan Koslow, Managing Director, Professionals Japan, Ltd. This pass/fail course introduces students to the practical, legal, and cultural issues encountered when drafting and negotiating international agreements in the Asian context. The course particularly emphasizes negotiations involving American and Japanese parties through the examination of actual international commercial transactions. Students have an opportunity to participate in the preparation of mock agreements and negotiations. This course has limited enrollment. EVIDENCE (3 credits) M. Taylor Aspinwall, U.S. Attorney’s office for the Eastern District of Pennsylvania An examination of the rules governing the use of evidence, including problems of relevancy, hearsay, impeachment, burden of proof, presumptions and the function of judge and jury. This subject is tested on many U.S. Bar Examinations. INTERNATIONAL CONTRACT DRAFTING (3 credits) Stan Yukevich, Partner, Morrison & Forester Julie Miller, Corporate Attorney Page 2 of 5 This course bridges the gap between contract theory and contract practice and offers practical insights into international contracts such as licenses, distributorships and joint ventures. It will principally focus on developing skills in drafting these types of contracts, although students may also have to undertake ancillary preparation exercises. This course has limited enrollment. INTERNATIONAL DEVELOPMENT AND POLICY LAW: WRITING SEMINAR (3 credits) Vipasha Bansal, Solicitor (non-practicing) This course will examine how law and legal institutions shape economic, political and social development in both theory and practice. We will look at some key texts and debates to understand the theoretical foundations of the field. We will also look at development practice from a lawyer's perspective, drawing on examples from both developed and developing countries. These case studies will help us critically examine questions such as: Do urban slum residents have the same access to justice as their wealthier neighbors? Which corporate structures should a developing economy adopt? Do intellectual property rights form a barrier to improving public health? What is the rule of law and why are economists promoting it? The aim of the course is not to find definitive answers to development questions. Rather, students will be encouraged to think broadly and deeply about development and how law relates to it. INTERNATIONAL TAXATION (2 credits) Dean Page, Accounting Asia Paul Previtera, Attorney admitted in State of Washington and in Australia This course covers fundamental concepts in U.S. taxation of international transactions, both inbound (U.S. taxation of income received by foreign individuals or entities) and outbound (U.S. taxation of the foreign operations of United States taxpayers). The course will address questions of residence, jurisdiction to tax, source of income, the foreign tax credit, tax treaties, transfer pricing, and the operations of the controlled subsidiaries of United States corporations. INTRODUCTION TO THE AMERICAN LEGAL SYSTEM (2 credits) Mason Hester, Attorney This Course is intended to provide the student from a non-common law background with an introduction to the basic concepts, structures and institutions of the American Legal System. Topics to be covered include: historical origins of the common law system; common law method; the structure of the United States government, Federal and State; the Constitution; judicial review, structure, organization and operations of courts in the United States, civil litigation, case analysis and precedent: the legislative branch: statutes and legislative history; and the executive branch: administrative law. INTRODUCTION TO JAPANESE LAW (3 credits) Nathan Frost, US Secretary, US-Japan Joint Committee, US Forces, Japan Government; Major, USAF Katsuya Natori, Natori Law Office Page 3 of 5 This course introduces students to Japanese law and the major principles of civil law systems. Students will examine the history, structure, and content of the Japanese legal system, the role of domestic and international law in Japan, the Japanese Constitution, and the major areas of Japanese law. To better equip students for transnational work involving Japanese entities, the course will focus on how Japanese laws, regulations, and culture affect corporations, business transactions, and individual rights in Japan. It will also consider the role of Japanese law in promoting transnational investment, current issues in the practice of law in Japan, and several current social issues on which law has an impact. J.D. study-abroad students are strongly encouraged to enroll in this course. Students with a law degree from a Japanese university cannot enroll in this class. NATIONAL SECURITY LAW: WRITING OPTION (2 credits) Robert J. Reinstein, Clifford Scott Green Chair Professor of Law, Temple University Beasley School of Law This course will study national security threats – those posed to the United States by state and non-state actors who target US civilians, personnel and interests with the aim of achieving political change – and examine the legal controversies raised in responding to these threats domestically and abroad. The course will be divided into two parts. Part One will examine legal controversies in constitutional law. This includes the scope of presidential powers in times of heightened national security threats and the separation of powers more broadly. We will also explore the tension between national security and individual liberties during times of crisis. Part Two will examine the legal controversies raised by irregular combat between the US and non-state actors internationally. We will study some of the most important and controversial legal issues triggered by the so-called ‘war on terror.’ PROFESSIONAL RESPONSIBILITY (3 credits) Ric Fouad, Attorney & Child Welfare Advocate If legal institutions provide the framework of a just society, attorneys are the architects and engineers who construct and maintain it. This core course addresses the complex ethical issues that arise as counsel play their parts within this larger legal framework, whether evaluating conflicts of interest or handling inadvertent disclosures of confidential information. The societal role of attorneys as agents of change will also be addressed including pro bono efforts. The course will also help with preparation for the M.P.R.E. as Professional Responsibility is tested on Bar Exams throughout the U.S. Material covered will include Model Code of Professional Responsibility, American Bar Association Committee on Ethics opinions, California Rules of Professional Conduct, relevant sections of the California Business and Professions Code, select state and local bar opinions, and topical news articles touching on attorney ethics. This subject is commonly tested on Bar Exams across the United States. GUIDED RESEARCH (2 or 3 credits) Tina Saunders, Director and Associate Professor of Instruction in Law, Temple University Beasley School of Law This independent research offers students an opportunity to (1) satisfy the mandated writing requirement, (2) develop research, writing and analytical abilities through producing a single substantive research paper and (3) work with a faculty member in an area of the teacher's Page 4 of 5 interest or expertise. Students have a Faculty member agree to supervise them and must submit a signed Approval form to the Registrar to request participation. SURVIVAL JAPANESE (non-credit) Akiko Yoshida, Japanese teacher This course is intended to give students with little to no Japanese language ability, basic speaking and listening proficiency to be able to live comfortably in Tokyo for the semester. BEGINNER JAPANESE (non-credit) Nozomi Takano, Japanese teacher This course is intended for students with little to no Japanese language experience and will focus on Japanese speaking, reading, and writing. U.S. BAR EXAM STUDY COURSE (non-credit) This course is a comprehensive lecture series on techniques and strategies to take a U.S. state bar exam. This class will help prepare you for the bar exam, the multistate/multiple-choice section (“the MBE”), state essays, and the multistate performance test (“MPT”) questions. The course will use many different resources, including doctrinal lectures, classroom discussions, substantive outlines, many practice questions, and individual coaching. In this class, as with the bar exam, what matters most is results, and our goal is to make sure that each of you can use these various inputs to produce successful outcomes. Page 5 of 5
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