C O M PA R AT I V E A N D I N T E R N AT I O N A L L AW
TABLE OF CONTENTS
2 An Unparalleled Curriculum 4 Global Alliances, World Impact: International Study Programs 6 New Markets, New Rules: International Business Law 10 Security and the Balance of Power 12 Beyond Theory: International Human Rights Law 14 The Free(r) Flow of Ideas: Intellectual Property in a Global Context 16 Laws of Other Countries and Tools for Comparative Analysis 18 Comparative and International Law Faculty 18 A Sampling of Recent Events 20 An International Nexus
Columbia Law School presents the richest comparative, foreign, and international law curriculum of any law school in the United States. Behind the diversity and depth of our curriculum is faculty scholarship that uniquely navigates the intersection of public international law, private international law, and foreign law.
Comparative and International Law
Our curriculum and programs prepare students to think like global citizens and to see connections between things that might not otherwise be apparent. They are encouraged to not only study the law, but to engage the world as they work with our faculty and the Columbia community to advance the law.
International law has become a nexus where commerce and diplomacy intersect. Columbia Law School is an ideal training ground. Because traditional distinctions have collapsed, public and private law connect at every point in the global order. One cannot study human rights without understanding foreign investment. Nor can one comprehend world trade without an intuitive knowledge of world health. And none of these blurred disciplines can be grasped without a mastery of the new multipolar order, with its overlapping sprawl of state and non-state actors. The Columbia Law School faculty has been leading international law for more than 150 years. Today, our faculty members continue to advance law and policy on a global scale, and they prepare students to do the same. 3
AN UNPARALLELED CURRICULUM
In keeping with our longstanding reputation as a leader in comparative and international law, Columbia Law School offers more courses, seminars, and colloquia in this area of legal study than any other law school. In a typical year, students can choose from more than 70 courses, clinics, seminars, and international study programs designed to prepare them for leadership in international legal practice, policymaking, diplomacy, and research. The Law School also strives to offer a dynamic and interdisciplinary education by combining forces with other preeminent schools within Columbia University—including Columbia Business School and Columbia’s School of International and Public Affairs—and around the world.
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Inside and outside the classroom, Columbia Law School offers a multitude of avenues through which students can gain practical experience during their studies. Innovative courses incorporate fieldwork or role-playing and simulation exercises. Clinical programs combine scholarship with opportunities to represent real clients in international and transnational legal cases. And our externship with the United Nations provides students with an inside perspective on public international law, diplomacy, and the process of institutional lawmaking. Students can also gain firsthand experience at international tribunals, law firms, government agencies, and NGOs, through a broad range of internships, externships, fellowships, and clerkships. Students take advantage of our location in New York City by interning at major international law firms and by building professional networks for the future.
For a complete listing of courses, visit www.law.columbia.edu/courses
LECTURES African Legal Theory, Law, and Development Comparative Constitutional Law
Japanese Law and Legal Institutions Jurisprudence of War Law and Development
China and International Law
International Bankruptcy
COLLOQUIUM
Comparative Constitutional Design
International Commercial Arbitration Practicum
International Criminal Law
Comparative Corporate Capitalism
International Human Rights Advocacy
CLINICS
Cross Border Transactions in Emerging Markets: India
International Humanitarian Law International Investment Arbitration International Investment Law
Comparative Law
Law and Legal Institutions in China
Conflict of Laws
Law of the WTO
Constitution and Foreign Affairs
Refugee Law and Policy
Cuba: Law, Policy, and Transition
Strategic International Commercial Transactions
Enforcing International Law
English Legal Theory European Union Law and Institutions
Terror and Consent
Global Antitrust Law
The Law of Transactions
Indian Constitutional Law
Transnational Litigation
International Business Transactions
The United States and the International Legal System
International Commercial Arbitration International Copyright Law International Environmental Law International Financial Transactions International Law International Taxation International Trade Law Investment Treaty Law and Arbitration
The Law of Genocide
SEMINARS
European Banking and Finance Extractive Industries and Sustainable Development Foreign Direct Investment and Public Policy Geopolitics of Law and Conflict on the Korean Peninsula
Advanced International Commercial Arbitration
Human Rights Reparations Under Domestic and International Law
Advanced Research in Japanese Law
Human Rights, Law and Development Workshop
African Human Rights Systems in Comparative Perspective
Indian Constitutional Law
Aging and Disability Law Art, Cultural Heritage, and the Law
International Arbitration in Latin America International Banking and Financial Law
International Lawyering for Governments Issues on Global Regulatory Reform Just War Theory Korean Legal System in the Global Economy Latin America: Challenges to Progress
Edson Queiroz Foundation Mediation Program Environmental Law Human Rights Immigrants’ Rights Sexuality and Gender Law
EXTERNSHIP United Nations
JOURNALS Columbia Journal of European Law Columbia Journal of Asian Law
Law and Political Risk
Columbia Journal of Transnational Law
Model International Treaty Mobility Workshop
The American Review of International Arbitration
Nuremberg Trials and War Crimes Law
MOOT COURTS
Transnational Business and Human Rights U.S. Civil and Criminal Enforcement of International Cartels
European Law Moot Court Jessup International Moot Court Vienna Arbitration Moot Court
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GLOBAL ALLIANCES, WORLD IMPACT: INTERNATIONAL STUDY PROGRAMS
Our graduates join a new generation of lawyers trained from both American common law and European civil law perspectives. By partnering with preeminent law schools around the world, faculty members have collaborated to create integrated, Englishlanguage programs with a distinct focus on international law. Columbia Law School students who enroll in these programs complete their J.D. degree requirements within the standard three-year time frame. Just as Columbia Law School’s location in New York City provides unique access to many of the world’s largest law firms, corporations, and international organizations, our partner schools also provide our students with unique advantages. Students in our Global Business Law and Governance Program, for example, benefit from the close ties that our partner schools— Sciences Po (Institut d’Études Politiques) and the University of Paris 1 (Panthéon-Sorbonne)—have with the International Court of Arbitration, UNESCO, the European Commission, and the WTO, as well as with French courts and law firms. At the University of Oxford, the academic year is divided into three terms, so participating students spend half of the spring semester taking rigorous courses in Oxford’s Masters in Law and Finance curriculum and then finish up the semester abroad with externship opportunities at international firms and organizations. For students in our International Criminal Law Program, the
Photograph by Nasir Hamid
The University of Oxford is our partner school for the Columbia-Oxford Alliance in Law and Finance.
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University of Amsterdam offers numerous strategic advantages, including a close relationship with The Hague, the seat of the International Criminal Court. While both our Paris and Oxford programs focus on international business law, the Oxford program focuses more on corporate law, with Students in our International courses on mergers and acquisitions, Criminal Law Program benefit from our partner school’s close corporate finance, and securities ties with the International regulation. The Paris program is Criminal Court in The Hague. broader in scope, encompassing courses on trade law, foreign direct investment law, and environmental law. All Global Alliance Programs feature the exchange of students and faculty members between participating schools, but our programs in Paris and Amsterdam go a step further. Columbia Law School students and their international counterparts complete these programs together, spending one semester in New York City at Columbia and one semester at the partner school. Columbia Law School recently partnered with the University of Fortaleza (UNIFOR) to establish the Edson Queiroz Foundation Mediation Program. The program is designed to expand the teaching and practice of mediation and conflict resolution in the U.S. and Brazil. Columbia Law School students and international students complete the Global Business Law and Governance Program as a cohort. Pictured here is a class at the University of Paris 1 (Panthéon-Sorbonne).
With 29 programs in 12 countries, Columbia Law School offers the broadest array of international double degree, certificate, and study abroad programs among U.S. law schools. And new international offerings are always in development.
GLOBAL ALLIANCE PROGRAMS
DOUBLE DEGREE PROGRAMS
STUDY ABROAD OPPORTUNITIES
J.D./Certificate Program in Global Business Law and Governance
J.D./Master in French Law
Argentina
Israel
University of Paris 1 (Panthéon-Sorbonne), France
University of Buenos Aires
Hebrew University
China
Italy
Fudan University
European University Institute
Peking University
Sapienza–University of Rome
France
Japan
University of Paris 2 (Panthéon-Assas)
Kyushu University
University of Paris 1 (Panthéon-Sorbonne) and Sciences Po (Institut d’Études Politiques), France
Columbia-Oxford Alliance in Law and Finance University of Oxford, England
J.D./LL.M. Program in International Criminal Law University of Amsterdam, Netherlands
J.D./Master in Global Business Law Sciences Po (Institut d’Études Politiques), France
J.D./LL.M. and J.D./LL.B. London School of Economics, England University College London, England School of Oriental and African Studies, England King’s College, England
J.D./LL.M.
Germany Humboldt University Institute for Law and Finance, University of Frankfurt
Hungary Central European University
Waseda University
Luxembourg University of Luxembourg
Netherlands University of Amsterdam
Switzerland University of Neuchâtel
Institute for Law and Finance, University of Frankfurt, Germany
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NEW MARKETS, NEW RULES: INTERNATIONAL BUSINESS LAW
The crisis that rocked the global financial system highlighted the need for wiser regulation, more effective corporate governance, and the development of national and international business laws that address the highly complex and interdependent economic relations between nations. Practitioners of business law in a global economy must be able to navigate the planning and execution of transactions across both regional legal systems and international governing and regulatory bodies. They must be able to add value to a client’s transactions and find legal solutions that are innovative and ethical. At Columbia Law School, students are exposed to these concepts in their first year of study through such elective courses as Constitution and Foreign Affairs, Japanese Law and Legal Institutions, Law and Development, and Transnational Litigation. These courses complement and enhance the basic domestic orientation of the first-year law curriculum by providing students with an early foundation in international and comparative law. Such innovative course offerings, and an array of others, are led by some of the most renowned scholars in international law.
Mark Barenberg, the Isidor and Seville Sulzbacher Professor of Law 8
Professor Merritt B. Fox is an expert in securities law, particularly regarding the application of U.S. securities law to transnational transactions. He is also co-director of the Program on the Law and Economics of Capital Markets, a collaboration between the Law School and Columbia Business School. Among the seminars Fox has developed is Issues on Global Regulatory Reform, which is taught by Lecturer in Law Edward F. Greene, a partner at Cleary Gottlieb Steen & Hamilton and former general counsel of the Securities and Exchange Commission. For her scholarship on the regulation of international financial markets, Professor Katharina Pistor was awarded the prestigious Max Planck Research Award. Pistor works closely with the Columbia University Center for Global Legal Thought and leads the Law School’s Center on Global Legal Transformation, which studies the impact of new forms of governance in the wake of globalization. Her Law and Katharina Pistor, the Walter E. Meyer Research Professor Development course examines law and economic development in a broad, of Law, Michael I. Sovern Professor of Law; Director, international and geopolitical context. Center on Global Legal In the course, students learn to analyze Transformation how law operates to facilitate or hinder economic and social development in countries around the world, as well as how they can best position themselves to implement change in the global legal arena. Professor Curtis J. Milhaupt ’89 is a leading authority on corporate governance and the legal systems of East Asia, as well as on the relationship between legal institutions and economic development. His research on China’s state-owned enterprises (SOEs) has been featured in The Economist and has drawn the attention of both business leaders and policy-makers. He has testified before a congressional hearing held by the U.S.–China Economic and Security Review Commission and also traveled to Beijing to speak with members of the American Chamber of Commerce in China (AmCham China) about the challenges these powerful SOEs present to governance and global investment.
Curtis J. Milhaupt ’89, the Parker Professor of Comparative Corporate Law, Fuyo Professor of Japanese Law; Director, Center for Japanese Legal Studies; Director, Parker School of Foreign and Comparative Law
As new structures for governing global finance and economic markets emerge, Columbia Law School is a prominent leader in scholarship and teaching focused on the intersection of business, finance, and law. Professors Jeffrey N. Gordon and Robert J. Jackson Jr. serve as faculty co-directors of the Ira M. Millstein Center for Global Markets and Corporate Ownership. The center works to address practical issues in finance. One centerpiece study, The Project on Investment, Ownership, and Control in the Modern Firm, focuses on new institutions emerging as leaders in the world’s changing financial markets. The project will result in the first comprehensive examination of the character, motives, and influence of these institutions. Gordon is also a co-director of the Richard Paul Richman Center for Business, Law, and Public Policy, a joint venture with Columbia Business School. The Richman Center fosters dialogue on emerging policy issues where business and markets intersect with the law, both domestically and internationally. Together with Professor Anu Bradford, co-director of the European Legal Studies Center, Gordon recently organized a major conference titled A Global Agenda for Financial Stability. The event bought leading experts and government and private sector attorneys to campus to take stock of how far the world’s regulators have come since the financial crisis of 2008. Participants included members from the Systemic Risk Council, the Bank of England, the Federal Reserve, and the European Commission. The ripple effects of globalized trade are examined in the work of many Columbia Law School professors specializing in the protection of workers’ rights and other social justice issues.
JEFFREY N. GORDON Richard Paul Richman Professor of Law; Co-Director, Center for Law and Economic Studies; Co-Director, Richard Paul Richman Center for Business, Law, and Public Policy; Co-Director, Ira M. Millstein Center for Global Markets and Corporate Ownership Jeffrey N. Gordon is a noted expert in the areas of corporate law, the regulatory state, mergers and acquisitions, and money markets. He has focused much of his recent scholarship on analyzing and seeking remedies to the continuing crises within global financial systems. In his course Financial Crises, Regulatory Reform— one of many collaborations with Columbia Business School—Gordon shares his latest research with students, and together they investigate why financial crises continue to recur despite regulatory reforms. In a recent article published in the Columbia Law Review, Gordon addressed proposals to stem the risk of money market funds by moving the funds from a fixed one-dollar net asset value (NAV) to a floating NAV. The U.S. Department of the Treasury’s Financial Stability Oversight Council and the European Systemic Risk Board, both of which were established in the wake of the recent financial crisis, have cited the paper. Gordon, whose work has been quoted in The Economist, among other publications, is a research fellow at the European Corporate Governance Institute. Before joining Columbia Law School, he served as an attorney in the U.S. Department of the Treasury and practiced corporate and securities law in the New York City office of Cleary Gottlieb Steen & Hamilton.
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GEORGE A. BERMANN ’75 LL.M. Jean Monnet Professor of EU Law, Walter Gellhorn Professor of Law; Director, Center for International Commercial and Investment Arbitration Law George A. Bermann ’75 LL.M. is co-chair of the global advisory board for the New York International Arbitration Center and one of five outside members of the governing board of the International Chamber of Commerce Court of International Arbitration. He is also the chief reporter for the American Law Institute’s Restatement of the U.S. Law of International Commercial Arbitration, the first project of its kind in the field of arbitration. Bermann established the Center for International Commercial and Investment Arbitration Law to develop innovative new programming and further advance the Law School’s longstanding leadership in the field. “The student demand for arbitration education and experience is skyrocketing,” says Bermann, who has added several new courses and seminars over the past few years, including an opportunity to bridge theory and practice in the International Commercial Arbitration Practicum. Bermann also serves as faculty director for Columbia Law School’s J.D./Certificate Program in Global Business Law and Governance, a Global Alliance Program he helped develop with the University of Paris 1 and Sciences Po. Bermann is the author of the multivolume ABA Guide to European Administrative Law and the former president of the International Academy of Comparative Law. He was awarded an honorary doctorate from the University of Versailles and has served as a visiting professor, a lecturer, and a fellow at academic institutions around the world.
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Professor Mark Barenberg focuses his research and teaching on the impact of globalization on the enforcement of labor rights, including workplace conditions and regulations. He was the primary author of the AFL–CIO’s landmark trade petition that led the U.S. and China to create a joint commission to monitor compliance with international labor rights in Chinese factories. Barenberg is an adviser to the Worker Rights Consortium and serves as an independent expert for the U.N.’s International Labour Organization. The Columbia Center on Sustainable Investment, a joint center of Columbia Law School and the Earth Institute at Columbia University, is the only university-based applied research center and forum dedicated to the study, practice, and discussion of sustainable international investment. Through internships, students serve as editors and writers for some of the center’s publications, including the annual Yearbook on International Investment Law and Policy. They also become involved with research projects that span the globe, such as ensuring that foreign investments in land and agriculture benefit the host government and its people—and avoid dispossessing people of their land, livelihoods, and rights. As the trade of goods, capital, and services between countries has intensified, so has the need for rules governing trade between nations at a global level and for forums in which governments can negotiate fair trade agreements. When the rules of trade between nations collide, the World Trade Organization (WTO) has emerged as a key arbiter. Few people know more about the WTO than Professor Petros C. Mavroidis, who worked in the organization’s legal division during the 1990s and continues to serve as a legal adviser assisting developing countries with WTO dispute settlements. An expert in European Union and international trade law, Professor Anu Bradford is a former adviser to members of both the Finnish and the European parliaments. Last February, Bradford organized a 10-day study trip to Brussels and
M I C H A E L W. D OY L E University Professor; Co-Director, Center on Global Governance Luxembourg that provided a jam-packed agenda. Students sat in on a Grand Chamber hearing at the Court of Justice of the European Union, and participated in other academic and interactive sessions at the European Parliament, European Commission, European Council, and private law firms. They met with legal advisers, judges, practicing attorneys, and elected officials. Students also met an ambassador—alumnus Anthony L. Gardner ’90, the U.S. Ambassador to the European Union. He is the son of Columbia Law School Professor Emeritus of Law and International Organization Richard N. Gardner, former U.S. Ambassador to Italy and Spain. The big macroeconomic trends—increased globalization, more transborder contracts, and the complexity of disputes—have led to a boom in international arbitration. International arbitration has been a major area of study at Columbia Law School since the 1960s. Today, the Law School has a center devoted to the field led by Professor George A. Bermann ’75 LL.M. and a host of faculty members and visiting international scholars involved in related teaching and scholarship. In addition to cutting-edge courses, students have access to many other ways to enhance their knowledge, practice, and professional networks in the field. A short list of opportunities includes the Willem C. Vis International Commercial Arbitration Moot Court, the American Review of International Arbitration, and a student arbitration group that hosts an international conference each year. Lawyers with alternative dispute resolution (ADR) skills, such as arbitration and mediation, are in great demand. Students and practitioners in the Edson Queiroz Foundation Mediation Program have the opportunity to consider the role of mediation in national and international legal systems and to develop problem-solving and conflict-resolution skills essential to innovative lawyering.
Michael W. Doyle, a former assistant secretary-general at the United Nations, is a world-renowned expert on democracy and the ethics of intervention. Under the auspices of the Columbia Global Policy Initiative, which Doyle directs, he has convened a team of experts to develop a model international mobility treaty. “Capital, goods, and people are more mobile than ever in our globalized world,” says Doyle. “Yet the movement of people across borders is still a largely unregulated enterprise that leaves many people unprotected in irregular and dire situations.” Doyle’s multi-year project—in collaboration with Sir Peter Sutherland, Special Representative of the U.N. Secretary-General for International Migration—is an ambitious undertaking. In a new Columbia Law School course, Doyle has enlisted the help of his students. Students study existing laws and treaties and then break off into teams to negotiate a model treaty. “Any good ideas will be funneled right into our work for the Global Policy Initiative,” he says. With hundreds of thousands of people fleeing from civil war in the Middle East and Africa—and the U.S. struggling to deal with an influx of people at its own borders—the project could not be timelier. And in the next several decades, unless more is done to combat rising global temperatures, millions more will be displaced by the effects of climate change. “We’re not just cataloging existing law,” says Doyle. “We’re trying to write better law.”
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SECURITY AND THE BALANCE OF POWER
As rapid technological advancement and globalization combine to make the task of keeping the country safe more challenging than ever, crucial issues at the intersection of law and national security take on an added level of importance.
Waxman served as a top aide to former Secretary of State Condoleezza Rice and was a deputy assistant secretary for detainee affairs at the Pentagon. In his national security law classes, he and students examine the tough issues that government actors face on a daily basis, including fundamental questions about presidential power and legal justifications for intelligence collection, covert action, and drone targeting. For Waxman, who has written extensively on cyber-security issues, teaching national security law in the era of WikiLeaks also means dedicating several class sessions to the interplay between secrecy and transparency. Waxman, like his colleagues, helps students hone an analytical focus when assessing complex national security issues. For example, he strictly enforces a one-page limit on papers, encouraging students to think and write like government lawyers submitting their work to extremely busy high-ranking officials.
The post-9/11 national security landscape is broad and constantly expanding. In an era marked by hyper-surveillance, drone warfare, cyber-sabotage, and constitutional quandaries, new questions and controversies arise on a near-daily basis. National security law, which encompasses both domestic and international law, addresses these issues and myriad others. Columbia Law School is the leader in this important field of legal study. Our unique faculty cohort delivers a curriculum drawn from their recent senior-level government experience as advisers on national security issues. Professors Philip C. Bobbitt, Sarah H. Cleveland, and Matthew C. Waxman address of-the-moment issues in their classrooms and apply their varied perspectives to inform discussion. Together they develop innovative offerings for the one-of-a-kind Roger Hertog Program on Law and National Security, which hosts ongoing events and brings leading practitioners to campus. 12
Cleveland conveys the same point to those enrolled in International Lawyering for Governments, a seminar she designed after returning from a two-year appointment as the State Department’s counselor on international law. Early in the semester, Cleveland divides students into teams representing the Departments of Defense, State, and Justice, as well as the CIA. She then challenges each group to assess its own position on a national security issue and to collectively draft a legal position that could receive approval in the interagency process. Columbia Law School faculty members blaze new trails in the struggle to ensure national security while protecting civil liberties. Students at the Law School learn to examine fundamental constitutional and human rights issues that arise in the efforts to curb terrorism, and they are taught by experts who are shaping the development of the law. For example, Cleveland, a noted scholar in the fields of foreign affairs and constitutional law, has testified before Congress on the relevance and appropriate use of international law and foreign judgments in constitutional interpretation. Cleveland recently organized and moderated a series of talks at the Law School focusing on privacy in the digital age. The
PHILIP C. BOBBITT Herbert Wechsler Professor of Federal Jurisprudence; Faculty Co-Chair of the Roger Hertog Program on Law and National Security events explored issues of surveillance, civil liberties, and human rights, and examined global perspectives on privacy and U.S. surveillance reform. Professor Lori Fisler Damrosch, in such courses as Constitution and Foreign Policy and Enforcing International Law, focuses on how constitutional democracies control decisions to use military force, and how those decisions relate to international law. Damrosch, president of the American Society of International Law, was awarded a grant from the Columbia University President’s Global Innovation Fund to convene a major international law conference at the Columbia Amman Global Center in Jordan. She is particularly well positioned to understand the complex legal relationships at play in that region of the world. During the Carter administration, Damrosch served in the Office of the Legal Adviser at the U.S. State Department, working on many legal aspects of the Iran hostage crisis. Associate Professor David Pozen, an expert in the areas of freedom of information and constitutional theory, is a former special adviser to the U.S. Department of State. In his seminar Law of Government Secrecy, students examine the constitutional arguments for and against different types of official secrecy and the laws that facilitate or constrain secret-keeping and disclosure in the executive branch.
Since the 9/11 terrorist attacks, Philip C. Bobbitt, one of the nation’s leading constitutional theorists, has published extensively on the subject of national security. In his seventh book, Terror and Consent: The Wars for the Twenty-First Century, Bobbitt argues that the United States is a chief driver of global networked terrorism because of its overwhelming strategic dominance. The U.S. economic model, which is also embraced in Western European countries, has increased global prosperity, but it has also created a market for weapons of mass destruction and other tools used by terrorists. Winning the war against terrorism, Bobbitt writes, will require innovative new policies, as well as a fundamental rethinking of our strategy. Terrorists, Bobbitt says, “have the potential to do something that probably no state could do, which is to destabilize a democracy.” Bobbitt is a fellow of the American Academy of Arts and Sciences and a member of the Council on Foreign Relations, the Pacific Council on International Policy, and the International Institute for Strategic Studies (London). In his most recent book, The Garments of Court and Palace: Machiavelli and the World That He Made, Bobbitt situates Machiavelli’s work as a turning point in our understanding of the relation between war and law as these create and maintain the State. Prior to joining the Law School faculty in 2007, Bobbitt served as the counselor on international law at the State Department and as legal counsel to the Senate Iran-Contra Committee. He also held several highranking positions within the National Security Council.
Professor Matthew Waxman (left) hosts Elliott Abrams, a former special assistant to President George W. Bush and deputy national security adviser, as a guest speaker for one of his advanced seminars.
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BEYOND THEORY: INTERNATIONAL HUMAN RIGHTS LAW
The harsh and subtle realities of global injustice demand innovative, crosscultural approaches to address human rights violations domestically and abroad. Those practicing international human rights law represent clients grappling with economic, political, and social inequities that often require creative legal arguments culled from an array of sources. Columbia Law School takes a multid isciplinary approach to human rights law instruction, a tradition begun by the late Professor Emeritus Louis Henkin, known as the father of international human rights law. This approach is exemplied today by the Law School’s pioneering Human Rights Institute. “The institute draws people together from diverse fields to tackle cutting-edge human rights problems and to develop creative solutions,” says Sarah H. Cleveland, faculty co-director of the Human Rights Institute, “whether the issue is applying international human rights norms at ‘home’ in the U.S., ensuring human rights compliance in the war on terror, strengthening the inter-American system of human rights, or promoting economic justice around the world.”
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Professor Sarah Knuckey (far right), faculty co-director of the Human Rights Institute, visits with trainees in Myanmar as part of a project to build the capacity of their university professors to teach human rights.
Professor Michael B. Gerrard, pictured in Amsterdam with students during the annual Leiden-Amsterdam Columbia Summer Program in American Law, is the director of the Sabin Center for Climate Change Law and faculty chair of the Earth Institute at Columbia University.
Through the Law School’s Human Rights Clinic, students gain hands-on experience working on active cases with faculty experts and leading human rights organizations in the United States and abroad. Cases before the Inter-American Commission on Human Rights and the Inter-American Court of Human Rights are always on the clinic’s docket, and many of these cases have resulted in landmark briefs and decisions. To meet the complex challenges of the cases undertaken, the clinic draws on an interdisciplinary rights-based approach. For example, clinic students and faculty spent a winter recess in the remote highlands of Papua New Guinea working alongside scientists to investigate allegations of human rights abuses and environmental degradation at one of the region’s largest gold mines. For another case, they traveled to Peru to work with communities mobilizing against a proposed mining project. Investigating the responsibility of the companies and institutions involved in the project (including a U.S. mining company and the World Bank’s International Financial Corporation), the clinic supported a legal action in a U.S. federal court seeking discovery of information held by the U.S. company regarding an incident of violent repression of protest activity at the mine site that left many protesters injured. Clinic students are also working with a Central African Republic NGO to support its work related to war crimes investigations and the promotion of peace and reconciliation in
SAR AH H. CLEVEL AND Louis Henkin Professor of Human and Constitutional Rights; Faculty Co-Director, Human Rights Institute the country. In projects at the intersection of national security law and human rights, students play an important role in advocacy and research related to U.S. counterterrorism measures, promoting transparency, accountability, and compliance with international law in the use of drones for lethal targetings. With the establishment of the Sabin Center for Climate Change Law and the Center for Gender and Sexuality Law, Columbia Law School has taken the lead in integrating both of these dynamic fields into the human rights agenda. Rising sea levels due to climate change may wipe some island nations off the map. Working with the Republic of the Marshall Islands and a coalition of small island states, the Sabin Center for Climate Change Law has taken the lead in calling global attention to these “drowning nations” and the many legal issues surrounding their plight. Through the Center for Gender and Sexuality Law, students work internationally on both litigation and policy projects. Recent projects include third-party interventions and reports to the European Court of Human Rights on both sex trafficking and the intrafamilial trafficking of children and young women into domestic servitude. Issues of human rights and social justice are addressed throughout our curriculum, and there are many opportunities for hands-on engagement in the field. Students can take advantage of groundbreaking clinics in environmental law, immigration law, and in sexuality and gender law, as well as an externship at the United Nations. During the summer, the Law School’s Social Justice Initiatives office places students in public interest law internships at a range of international organizations and government agencies. There are also opportunities to participate in pro bono work at numerous organizations in the New York City area, including Human Rights Watch, the International Center for Transitional Justice, and the National Economic and Social Rights Initiative. And through our Human Rights Internship, students work with lawyers, advocates, and organizations in Cambodia, China, India, Israel, Lebanon, the Netherlands, South Africa, Thailand, Uganda, the United Kingdom, and many other nations.
Sarah H. Cleveland is a leading expert in international and comparative human rights law. Her teaching and scholarship focus on the domestic application of international human rights law and the intersection of human rights, constitutional law, and the law of armed conflict. Among the projects she has launched at the Human Rights Institute is a joint U.S.-U.K. project, which aims to extend the entire 1949 Geneva Convention— developed for conflicts between states—to also include conflicts between states and non-state armed groups. If this approach proves feasible, it will harmonize the legal standards for the conduct of all armed conflicts and raise the level of protection for individuals based upon the highest levels of protection under international humanitarian law. Cleveland is the co-coordinating reporter of the American Law Institute’s project on the Restatement (Fourth) of the Foreign Relations Law of the United States, and the U.S. member on the Venice Commission of the Council of Europe. From 2009 to 2011, Cleveland served as counselor on international law for the U.S. State Department, Office of the Legal Advisor. She continues to serve as a member of the Secretary of State’s Advisory Committee on International Law. In 2015, Cleveland began a four-year appointment as the U.S. independent expert on the U.N. Human Rights Committee, which oversees the implementation of the International Convention on Civil and Political Rights.
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THE FREE(R) FLOW OF IDEAS: INTELLECTUAL PROPERTY IN A GLOBAL CONTEXT Technology and global communication advances have generated a wide array of new legal challenges in the field of intellectual property law. Columbia Law School faculty members are at the cutting edge of these emerging legal issues and trends. Professor Jane C. Ginsburg, a staunch defender of the rights of artistic and literary creators, is vice president of the Association Littéraire et Artistique Internationale (ALAI), a leading international organization devoted to the protection of artists’ rights. Her affiliation with ALAI has fostered collaborations with scholars and practitioners around the world on authors’ rights and new international agreements to strengthen copyright protections. In recognition of her achievements in intellectual property law and private international law, Ginsburg was recently named a corresponding fellow of the British Academy.
At Columbia Law School, Ginsburg infuses an international and comparative perspective throughout her courses and seminars on trademark and copyright law. Discussing how copyright infringement has exploded along with technological advancement, Ginsburg points out that the universe of entities that could infringe copyright was previously limited to professional, private, and commercial intermediaries. “Now to that equation you have to add everyone on the Internet who has the means to infringe copyright on a grand scale,” she says. Professor Clarisa Long explores the political economy of intellectual property and why patent, copyright, and trademark law evolve in different ways and at different speeds. Taking an interdisciplinary and comparative approach, her research examines how international treaties add a new, complex dimension to the politics of intellectual property law. Professor Harold S.H. Edgar ’67 LL.B. examines the relationship between the patent system and drug pricing in the United States and the developing world—a central issue in bioethics. He has investigated alternatives to patents in pharmaceutical development, but he defends patents as crucial to promoting new ideas and products and argues that the challenge of bringing drugs to the developing world stems less from patents and more from the diversion of goods. Professor Eben Moglen focuses on the impact of technology on society. For more than two decades, Moglen has been one of the leading thinkers in the free software movement—a band of programmers and legal theorists who argue that the laws governing what we can do with our computers actually restrict many more far-ranging freedoms. Outside of his role as a teacher and scholar, Moglen is the founder and director-counsel of the Software Freedom Law Center, which provides pro bono legal services to the free and open source software community.
Jane C. Ginsburg is the Morton L. Janklow Professor of Literary and Artistic Property Law and serves as director of the Kernochan Center for Law, Media and the Arts. 16
Moglen also has made protecting online privacy one of his top priorities. He launched a nonprofit foundation to develop and produce what he calls the Freedom Box. The device, more software than hardware, safeguards privacy against online monitoring, helps reach past censorship on the web,
TIM WU Isidor and Seville Sulzbacher Professor of Law; Director, Poliak Center for the Study of First Amendment Issues, Columbia Journalism School securely backs up data, and replaces Facebook and other social networking services with alternatives that give users more control over their personal information. Professor Michael B. Gerrard, director of the Sabin Center for Climate Change Law, has hosted special events focusing on the emerging role of intellectual property law in the fight against climate change. With western companies tending to own most of the technologies for carbon reduction, intellectual property related to climate change has become a battleground between patent holders, governments, and people who want to open up technologies to the global community.
Photograph by Daniel Rodet
Professors are also using the Internet to make legal information more accessible to people around the world. Gerrard, along with students and researchers at the Sabin Center, created a comprehensive database with links to climate laws and policies around the globe. Ginsburg teamed up with Professor Tim Wu to launch KeepYourCopyrights.org, a website designed to help artists and writers retain control of their copyrights and manage those rights throughout their careers. The breakthrough site offers help previously available only to professional authors and creators.
Professor Eben Moglen speaks at the Open World Forum in Paris, the leading summit meeting bringing together decision-makers and communities to cross-fertilize open technological, economic, and social initiatives to build the digital future.
A self-described computer geek, Tim Wu was once a programmer and worked in marketing for a Silicon Valley startup. He has since taken his insider’s view of technology to the legal field—and caused revolutionary ripples in the international telecommunications industry. Wu is known for coining the term “network neutrality,” which refers to the principle that information providers should carry Internet information in a way that does not discriminate in favor of certain content. In 2013, Wu was named to The National Law Journal’s list of the 100 lawyers most influential in shaping the legal world. The World Economic Forum named Wu a 2012 Young Global Leader and, in the same year, he received the World Technology Award—an honor awarded by the World Technology Network for innovative work with the greatest long-term significance in a given field. During the first term of the Obama administration, Wu served as a senior adviser to the Federal Trade Commission (FTC). Working in the FTC’s Office of Policy Planning, his assignment entailed analyzing consumer protection and competition issues that affect the Internet and mobile devices. The FTC experience helped Wu test, reframe, and adjust his approach to regulatory issues, and to develop new course offerings that further enrich the Law School curriculum. This past fall, Wu was called to serve on the executive staff of New York Attorney General Eric T. Schneiderman, as a special adviser on technology, competition, and Internet policy and legal issues.
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LAWS OF OTHER COUNTRIES AND TOOLS FOR COMPARATIVE ANALYSIS
Columbia Law School’s curriculum in foreign and comparative law prepares students to navigate even the most complex international legal problems. As a result, graduates enter the profession with the substantive knowedge and analytical skills needed to provide leadership as new challenges emerge. Through courses in comparative constitutional law and international legal systems, students learn to compare and contrast U.S. legal principles with those of other countries and governing bodies. They are introduced to the major distinctions between systems of law, such as U.S. common law and the civil law systems in Europe and Latin America. And comparative law courses in intellectual property, corporate governance, climate change law, and banking and finance prepare them to approach problems in foreign legal systems from a variety of perspectives.
Students can choose from a wide range of courses in the law of specific countries and regions, including Africa, China, Cuba, Eastern Europe, the European Union, India, Japan, Korea, Latin America, and the Middle East. Through a gift from the government of India to Columbia University, the Dr. B.R. Ambedkar Chair in Indian Constitutional Law was recently established at the Law School, adding an important dimension to the international and comparative law curriculum. Students are encouraged to draw on the vast resources of Columbia University to gain expertise in foreign languages (some courses, such as Spanish for Lawyers, are designed for law students), and to take courses on the history, culture, politics, and economics of their regions of interest. The Law School is home to many regional and international centers that produce cutting-edge scholarship, enhance the curriculum, and promote faculty-student exchanges abroad. Several of our leading centers are highlighted below. Center for Chinese Legal Studies: The center hosts one of the largest concentrations of students and scholars of Chinese law outside of Asia. A leader in the field for more than 30 years, the center has played important roles in furthering public interest law in China and in scholarship on Chinese law. In addition to offering lectures and events throughout the year, the center supports summer fellowships in which students work in public interest or government positions, or conduct original research in China.
Charles Li ’91, chief executive officer of Hong Kong Exchanges and Clearing (HKEx) talks with a student after a Dean’s Visiting Speaker Luncheon. Such events provide opportunities for students to meet with distinguished graduates in a casual setting.
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Center for Israeli Legal Studies: The center hosts visiting Israeli faculty and scholars throughout the year; sponsors lectures, seminars, and conferences; creates fellowship opportunities for LL.M. and J.S.D. students; and develops exchange opportunities for Law School students to pursue research or internships in Israel.
B E N JA M I N L . L I E B M A N Robert L. Lieff Professor of Law; Director, Center for Chinese Legal Studies Center for Japanese Legal Studies: Founded in 1980, the center was the first of its kind in the United States. Today, its activities reflect the dynamic process of legal reform currently underway in Japan. The center holds annual conferences both here and in Japan, and hosts a faculty exchange program with the University of Tokyo. It also administers study abroad and fellowship programs and is instrumental in helping J.D. students secure employment as summer associates with Japanese law firms and government offices. Center for Korean Legal Studies: Dedicated to the study of both the South and North Korean legal systems, the center is also the first such center established at any U.S. law school. The center hosts a visiting scholars program and maintains one of the most comprehensive repositories of Korean legal materials outside Korea. European Legal Studies Center: The center embodies the Law School’s strength in another important region of the world. In addition to offering a full roster of research and academic lectures, the center has designed and implemented a wide range of exchange and double degree programs with preeminent law schools throughout Europe. Leveraging a strong network of alumni and professional contacts, the center also develops internship opportunities at prestigious international organizations and businesses throughout Europe. Students who meet the necessary academic requirements may receive the Recognition of Achievement in International and Comparative Law from the Parker School of Foreign and Comparative Law. The Parker School, founded in 1931, supports many of the Law School’s regional centers, courses, and initiatives.
Benjamin L. Liebman has come a long way since his first trip to China as a high school senior. Today, he is the director of Columbia Law School’s Center for Chinese Legal Studies and one of the foremost Chinese law scholars in the United States. “I went to China in 1986 knowing very little about the country,” he says. “I came back knowing that I would be involved with China for the rest of my life.” Liebman has published extensively on the evolution of China’s courts and legal profession, as well as on Chinese criminal procedures and tort law. He has also been instrumental in the development of public interest law there. Frequently consulted for his expertise, Liebman has met with members of the National People’s Congress to help in their efforts to develop a comprehensive tort liability law in China. He has also met with lead White House officials to discuss human rights and legal reforms in China. Liebman recently teamed with professor Matthew Waxman to develop an innovative new seminar, Law of the Sea: Law and Maritime Strategy in Asia. As tensions mount between China and its neighbors over disputed maritime territory in the South and East China Seas, Columbia Law School students aren’t just following the latest developments in the news—they are learning about the law that governs the conflicts from leading scholars.
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COMPARATIVE AND INTERNATIONAL LAW FACULTY Mark Barenberg Isidor and Seville Sulzbacher Professor of Law; Co-Director, Program on Labor Law and Policy George A. Bermann ’75 LL.M. Jean Monnet Professor of EU Law and the Walter Gellhorn Professor of Law; Director, Center for International Commercial and Investment Arbitration Law; Faculty Director, J.D./Certificate Program in Global Business Law and Governance Jagdish Bhagwati University Professor Philip C. Bobbitt Herbert Wechsler Professor of Federal Jurisprudence; Faculty Co-Chair, Roger Hertog Program on Law and National Security Anu Bradford Henry L. Moses Professor of Law and International Organizations; Director, European Legal Studies Center
Alexandra Carter Clinical Professor of Law; Director, Clinical Education Programs; Director, Edson Queiroz Foundation Mediation Program Sarah H. Cleveland Louis Henkin Professor of Human and Constitutional Rights; Faculty CoDirector, Human Rights Institute
Harold S.H. Edgar ’67 LL.B. Julius Silver Professor in Law, Science, and Technology George P. Fletcher Cardozo Professor of Jurisprudence
John C. Coffee Jr. Adolf A. Berle Professor of Law; Director, Center on Corporate Governance
Merritt B. Fox Michael E. Patterson Professor of Law and the NASDAQ Professor for Law and Economics of Capital Markets; Co-Director, Program on the Law and Economics of Capital Markets; Columbia Faculty Director, ColumbiaOxford Alliance in Law and Finance
Kimberlé Williams Crenshaw Professor of Law; Director, Center for Intersectionality and Social Policy Studies
Katherine M. Franke Isidor and Seville Sulzbacher Professor of Law; Co-Director, Center for Gender and Sexuality Law
Lori Fisler Damrosch Hamilton Fish Professor of International Law and Diplomacy
Richard N. Gardner Professor Emeritus of Law and International Organization; CoDirector, Center on Global Governance
Michael W. Doyle University Professor; Director, Columbia Global Policy Initiative; CoDirector, Center on Global Governance
Alejandro M. Garro Adjunct Professor of Law; Senior Research Scholar, Parker School of Foreign and Comparative Law
Michael B. Gerrard Andrew Sabin Professor of Professional Practice; Director, Sabin Center for Climate Change Law; Faculty Chair, Earth Institute at Columbia University Ronald J. Gilson Marc and Eva Stern Professor of Law and Business Jane C. Ginsburg Morton L. Janklow Professor of Literary and Artistic Property Law; Director, Kernochan Center for Law, Media and the Arts Suzanne B. Goldberg Executive Vice President for University Life; Herbert and Doris Wechsler Clinical Professor of Law; Co-Director, Center for Gender and Sexuality Law Jeffrey N. Gordon Richard Paul Richman Professor of Law; Co-Director, Center for Law and Economic Studies; Co-Director, Richard Paul Richman Center for Business, Law, and Public Policy; Co-Director, Ira M. Millstein Center for Global Markets and Corporate Ownership
A SAMPLING OF RECENT EVENTS No Longer an Island of Tranquility: Germany and Europe’s Dual Challenges of Russia-Ukraine and Migration With Thomas Bagger, Head of Policy Planning, Federal Foreign Office, Federal Republic of Germany Cross Border Transactional Practice: How Emerging Markets Are Shifting the Paradigm Seasoned corporate transactional attorneys spoke with students about the increasingly global nature of their work. Sponsored by the Office of Career Services and Professional Development 20
Iran, Israel, and the United States: What’s Next? With Michael Doran, former Senior Director, National Security Council
@War: Cyberwarfare, Surveillance, and the Future of Conflict With award-winning national security reporter Shane Harris of the Daily Beast Global Responsibility for a Sustainable Economy With Dr. Janez Potocˇnik, former European Commissioner for the Environment Perceptions of Privacy and Big Brother: Perspectives from Around the World With Ambassador Antonio de Aguiar Patriota, Permanent Representative of Brazil to the U.N. and representatives from civil liberties groups in Germany, Hungary, the U.K., and the U.S.
Zohar Goshen Alfred W. Bressler Professor of Law; Co-Director, Center for Israeli Legal Studies Michael A. Heller Lawrence A. Wien Professor of Real Estate Law Sarah Knuckey Lieff Cabraser Heimann and Bernstein Clinical Associate Professor of Human Rights; Director Human Rights Clinic; Faculty Co-Director Human Rights Institute
Clarisa Long Max Mendel Shaye Professor of Intellectual Property Law Ronald Mann Albert E. Cinelli Enterprise Professor of Law; Co-Director, Charles Evans Gerber Transactional Studies Center Petros C. Mavroidis Edwin B. Parker Professor of Foreign and Comparative Law
Benjamin L. Liebman Robert L. Lieff Professor of Law; Director, Center for Chinese Legal Studies
Curtis J. Milhaupt ’89 Parker Professor of Comparative Corporate Law and the Fuyo Professor of Japanese Law; Director, Center for Japanese Legal Studies; Director, Parker School of Foreign and Comparative Law
Lance Liebman William S. Beinecke Professor of Law
Eben Moglen Professor of Law
Edward Lloyd Evan M. Frankel Clinical Professor in Environmental Law
Henry Paul Monaghan Harlan Fiske Stone Professor of Constitutional Law Elora Mukherjee Associate Clinical Professor of Law; Director, Immigrants’ Rights Clinic
Katharina Pistor Walter E. Meyer Research Professor in Law and Social Programs and Michael I. Sovern Professor of Law; Director, Center on Global Legal Transformation Christina Duffy Ponsa George Welwood Murray Professor of Legal History David Pozen Associate Professor of Law Andrzej Rapaczynski Daniel G. Ross Professor of Law and Joseph Solomon Professor of Wills, Trusts, and Estate Planning Alex Raskolnikov Wilber H. Friedman Professor of Tax Law; Co-Director, Charles Evans Gerber Transactional Studies Center Joseph Raz Thomas M. Macioce Professor of Law Charles F. Sabel Maurice T. Moore Professor of Law
David M. Schizer Harvey R. Miller Professor of Law and Economics; Co-Director, Richard Paul Richman Center for Business, Law, and Public Policy; Co-Director, Charles Evans Gerber Transactional Studies Center; Co-Director, Center for Israeli Legal Studies Robert E. Scott Alfred McCormack Professor of Law; Co-Director, Center for Contract and Economic Organization Matthew C. Waxman Livlu Librescu Professor of Law; Faculty Co-Chair, Roger Hertog Program on Law and National Security Tim Wu Isidor and Seville Sulzbacher Professor of Law; Director, Poliak Center for the Study of First Amendment Issues, Columbia Journalism School
Carol Sanger Barbara Aronstein Black Professor of Law
Chinese Law in German Courts: The Example of General Terms of Contracts in Chinese Contract Law With Visiting Professor Knut Benjamin Pissler, Head of the China Unit, Max Planck Institute for Comparative and International Law Forging Careers in National Security Law With Nanette DeRenzi, Judge Advocate General for the U.S. Navy, and Roger Zakheim, former General Counsel of the House Armed Services Committee How Human Rights and Good Governance Help Prevent Terrorism With Sarah Sewall, Under Secretary of State for Civilian Security, Democracy, and Human Rights, U.S. Department of State
Norway’s Minister of Finance, Siv Jensen, speaks to students about how careful design and management of Norway’s sizeable sovereign wealth fund have helped the small nation avoid economic problems that often afflict other countries with abundant natural resources.
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AN INTERNATIONAL NEXUS
Columbia Law School’s academic offerings are enriched by immersion in a truly international community. One in five students attending the Law School comes from abroad, creating the opportunity to build a global network of colleagues. Our diverse student body and the multicultural richness of our New York City campus drive the vibrant, cosmopolitan character of the Law School. A wide variety of programming deepens intellectual life. Conferences and lectures hosted by our preeminent faculty, research centers, and student organizations bring our students together with a vast array of distinguished legal scholars, judges, lawyers, business leaders, advocates, activists, diplomats, and government officials from around the world.
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REGIONAL AND INTERNATIONAL CENTERS
RELATED CENTERS AND PROGRAMS
RELATED STUDENT ORGANIZATIONS
Center for Chinese Legal Studies Center for International Commercial and Investment Arbitration Law Center for Israeli Legal Studies Center for Japanese Legal Studies Center for Korean Legal Studies Center on Global Governance Center on Global Legal Transformation Edson Queiroz Foundation Mediation Program European Legal Studies Center Human Rights Institute Ira M. Millstein Center for Global Markets and Corporate Ownership Columbia Center on Sustainable Investment
Center for the Advancement of Public Integrity Center for Constitutional Governance Center for Contract and Economic Organization Center for Gender and Sexuality Law Center for Law and Economic Studies Center for the Study of Law and Culture Center on Corporate Governance Kernochan Center for Law, Media and the Arts Program on International Migration: Economics, Ethics, and Law Richard Paul Richman Center for Business, Law, and Public Policy Roger Hertog Program on Law and National Security Sabin Center for Climate Change Law Social Justice Initiatives The Charles Evans Gerber Transactional Studies Center The Parker School of Foreign and Comparative Law
Amnesty International Asian Pacific American Law Students Association Columbia Antitrust Law and Economics Association Columbia International Arbitration Association Columbia Latin American Business Law Association Columbia Muslim Law Students Association Columbia Law Israel Organization Columbia Society of International Law Japanese Legal Studies Association Korean Law Students Association Law in Africa Society Middle Eastern Law Students Association National Security and Law Society RightsLink (human rights law outreach and research) Society for Chinese Law Society for Immigrant and Refugee Rights South Asian Law Students Association
TO LEARN MORE J.D. Admissions 212-854-2670 admissions@law.columbia.edu www.law.columbia.edu/admissions/jd Graduate Legal Studies (LL.M./J.S.D.) 212-854-2655 gls@law.columbia.edu www.law.columbia.edu/admissions/graduate-legal-studies Š 2016, The Trustees of Columbia University in the City of New York Produced by Columbia Law School Office of Communications and Public Affairs
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