DEPARTMENT OF LAW

Academic Mission and Program
Master of Laws
Master of Comparative Legal Studies
Graduation Requirements
Law Faculty
Course Descriptions
Writing Seminar Program
Legal Research Center
SHITAK Student Law Club
Classes Schedule (LAW 1 Summer'04)
Classes Schedule (LAW 2 Summer'04)

ACADEMIC MISSION AND PROGRAM
The Department of Law offers a Master of Laws (LL.M.) degree to students having a prior degree in law and a Master of Comparative Legal Studies (M.C.L.S.) degree to students whose prior degree is in a subject other than law. The Department admits a new class each February, for a two-year program of part-time study. Each class comprises both LL.M. and M.C.L.S. students in roughly equal numbers.

Affiliated with the law school of the University of California at Berkeley (Boalt Hall), the AUA Law Department teaches the Western Legal Tradition and the Rule of Law, examining both the civil law and common law systems, paying special attention to the United States, the European Union, and former-Soviet states. The Department's commitment to both its LL.M. and M.C.L.S. programs reflects AUA's distinctive approach to law reform in Armenia and other post-Soviet states. This approach, while focusing on graduate-level professional training for lawyers, also enables students from other fields to participate in addressing the rule-of-law challenges confronting the region.

The Department's curriculum rests on four pillars: (1) Comparative Law and the Western Legal Tradition; (2) International Law; (3) Business Law; and (4) Clinical Studies. The Department’s focus on comparative constitutional and administrative law enables it to explore the problems and potentials of constitutional democracy worldwide, with emphasis on post-Soviet constitutional, legislative, administrative, and judicial reform. The Department's focus on international law acquaints students with the regime of treaties, international organizations, non-governmental organizations (NGOs), and customary international law that increasingly governs the world, as well as with the issues and problems confronting that regime. Meanwhile, within this global regime, the Department pursues its important focus on business law, examining, the fundamental laws and institutions relevant to international business, trade, and finance, as well as the litigation and arbitration of commercial disputes. Finally, the Department's clinical courses train its students in legal writing and in skills such as legal argument, negotiation, and oral advocacy.

The Legal Research Center is an integral component of the Department of Law. It serves the research needs of law students and the AUA community and serves as a resource for legal, judicial, and institutional reforms in Armenia and the former Soviet republics.

Stephen R. Barnett
Stephen R. Barnett is the Dean of the Department of Law of the American University of Armenia and the Elizabeth J. Boalt Professor of Law, Emeritus at the University of California, Berkeley. He holds an A.B. degree from Harvard College and an LL.B. from Harvard Law School. He has served as a law clerk to the late Justice William J. Brennan, Jr., of the United States Supreme Court and as a Deputy Solicitor General in the U.S. Department of Justice. He is co-author of “Law of International Telecommunications in the United States” and has lectured and taught widely.

MASTER OF LAWS AND MASTER OF COMPARATIVE LEGAL STUDIES

GRADUATION REQUIREMENTS
Degree candidates in both the LL.M. and M.C.L.S. programs enroll in a two-year program spanning six 10-week quarters of part-time study. Most students must first participate in AUA’s Academic Preparatory.

To graduate, a student needs 44 law course credits, where each credit represents one (50-minute) hour of classroom instruction per week for a ten-week quarter. Two of those credits may be earned in a law elective course. In addition, all students must earn two credits each year in the Legal Writing Program. Thus, the total number of law course credits needed for graduation is 48.
In addition, all students must take ESC295.This course is a university-wide requirement for graduation and does not count toward the 48 law course credit requirement.

COURSE LISTING AND DESCRIPTIONS
The Law Department course offerings are presented around the four pillars of the curriculum. Core courses in the curriculum are denoted by an asterisk (*). These courses generally are offered in each two-year cycle, though particular courses may not be offered in a given cycle because of overlap or other reasons. The non-core courses may not be offered in each cycle and may be offered as electives. The Law Department section of the AUA website contains the current schedule.

COMPARATIVE LAW AND THE WESTERN LEGAL TRADITION

LW101 Introduction to Jurisprudence and The Western Legal Tradition (2) *
This course examines the various meanings of "jurisprudence" and provides an overview of the history and fundamental principles of law, law making, and government under law as these concepts have evolved in law-based states.

LW102 Comparative Law (2)
This course surveys the major legal traditions in the world today, with an overview of the civil law and common law systems. The course also reviews other legal traditions, such as the Islamic and socialist ones. *

LW103 The Rule of Law (2) *
The concept of the Rule of Law and its application to Armenia and neighboring states will be analyzed, as well as its application to states of the former Soviet Union; the course will cover the historical development and meaning of the Rule of Law and the practical applications of that concept today with respect to issues such as independent courts, fair elections, corruption, and democratic government.

LW104 Western Legal Method and Legal Analysis (2) *
An introduction to legal method and legal analysis as practiced in Western law today; students will learn the statement and use of facts, the reading and "briefing" of cases, the use and role of precedent, the reading and interpretation of statutes, the analysis of legal issues, and making of legal arguments.

LW122 Introduction to European Union Law (2) *
Introduction to the organization and operation of the European Union. Emphasis will be placed upon the benefits and disadvantages of the EU's recent and future enlargement.

LW201 Comparative Constitutional, Administrative, and Judicial Systems (2) *
This course begins with an overview of various constitutional models, including "presidential" and "parliamentary" democracies. It then focuses on comparative approaches to the substance and procedures of administrative law. Finally, it focuses on comparative court and "court-like" institutions -- including administrative tribunals -- and how they seek to resolve constitutional, administrative-law, and legal disputes in a rational and fair way.

LW203 Armenian Law: A Comparative Perspective (2)
This course presents an introduction to Armenian law and a view of that law from a comparative perspective. The course presents a number of typical situations in which the law impacts on individuals, considers how Armenian law deals with those situations, and compares the way United States law deals with them. The course is designed both to give students an introduction to Armenian law and to stimulate their comparative and critical thinking about that law.

LW204 Comparative Environmental Law and Management (2)
This course offers lectures and discussions on environmental management problems and solutions and on comparative environmental law, with a special emphasis on Armenian law and the Armenian environment.

LW 205 Comparative Administrative Law (2)
This course studies aspects of comparative administrative law as applied to the administrative process in several legal systems, focusing on how administrative rules, standards, and procedures are formulated, interpreted, applied, and enforced subject to norms of fairness and rationality. Special attention is given to judicial oversight of the administrative process.

LW222 Advanced European Union Law (2)
The law that is being developed by the institutions of the European Union will be studied and compared with the national laws that it is displacing. Students will examine the directives of the EU, as well as its case law. The effect of EU law upon non-EU countries will also be explored.

LW228 Comparative Media Law (2)
This course examines the legal status of newspapers, radio and TV, the Internet, and other media of mass communications in Armenia, other post-Soviet countries, the United States, and Europe.

INTERNATIONAL LAW

LW121 Public International Law (2) *
This course explores the sources of public international law, its application in domestic courts, the law of treaties, the recognition of states and governments, state responsibility for the treatment of aliens, the peaceful settlement of disputes, and the use of armed force. Special attention is given to United Nations law.

LW123 Human Rights Law (2) *
This course introduces the principles and practice of human rights law. After study of the principal international treaties on human rights, the course focuses on the human rights implications of Armenia’s recent accession to the Council of Europe, especially the changes that will have to be made in Armenian law (and practice) in order to comply with international standards.

LW125 International Environmental Law (2)
Early attempts to develop international environmental rules concentrated primarily upon the conservation of wildlife. An increased awareness of trans-boundary pollution and environmental degradation has contributed to the development of a comprehensive body of international environmental law. Students will compare this modern international legal framework with the Common Law approaches to conservation and environmental protection. Armenia’s role within this international framework will be explored, and Armenian law will be surveyed and compared to international standards.

LW225 Armenian Environmental Law and Conservation Policy (2)
This course focuses on Armenia’s new legislation on water, air, and natural resources, and on the international treaties on the environment to which Armenia is a party. Also, it addresses Armenia’s commitment to making progress in environmental regulation and conservation, with a look at economic and political obstacles to reform. Environmental case studies will be examined.

LW226 Refugee and Forced Migration Law (2)
Study of the objectives of refugee law, and analysis of modern trends that have reduced the number of people in the world who are treated as refugees under the 1951 Convention, while increasing the number of unprotected internally displaced peoples. The role of the United Nations High Commissioner for Refugees in the development of the law is also studied.

LW227 International Organizations (2)
This course provides an overview of the world’s major international organizations, and a study of the trend toward globalization. The role of the United Nations will be a central theme in the course, as will the regional international organizations. Armenia’s membership in these international communities—as well as the political reasons for its exclusion from pacts such as GUUAM—will be studied.

LW229 War Crimes and Prosecutions (2)
The major twentieth century war crimes are studied in depth, with a view to trends in prevention and prosecution. The potential role of the International Criminal Court will be studied, as will the accomplishments of the temporary tribunals in Rwanda and Yugoslavia. Prosecutions for “Crimes Against Humanity” and “Genocide” will also be studied and compared.

LW230 International Criminal Law (2)
Survey of the international law of crimes, including treaties and national law. This class will cover the origins of this body of law, dating from the earliest conventions on war, to the establishment of INTERPOL.

LW231 International Legal Perspectives on Conflicts in the Caucasus (2)
This course is a study of a set of armed conflicts, connected largely to one geographic area, the Caucasus, from the perspective of international law. Problems will be identified which are common to the four unresolved conflicts of the Caucasus: Nagorno Karabagh, Abkhazia, South Ossetia (Tskhinvali) and Chechnya. The course focuses on the conflict between the principles of the right to self-determination and territorial integrity.

LW232 Women’s Rights/CEDAW (2)
This course examines the United Nations’ Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) and on Armenia’s compliance with its obligations under the convention.

LW233 Gender Discrimination (2)
The history and progress of the law of sex discrimination and sexual harassment will be studied, and placed in the context of evolving international human rights law. Materials include the governing legal texts of international treaties, United States law, and Armenian law, as well as case decisions from the U.S. and other jurisdictions and relevant readings about the social contexts of gender discrimination. International conventions such as CEDAW (the Convention for the Elimination of Discrimination Against Women) will be included.

LW234 The Law of Genocide (1)
This course studies specifically the international law of genocide, focusing on the application of that law to the major genocides of the twentieth century.

BUSINESS LAW

LW141 Business Organizations I (2) *
This course surveys the fundamentals of comparative agency, partnership, and corporation law, focusing on the basics of corporate formation and governance and the legal relationships among shareholders, managers, employees, and other interested parties. The course also covers the basics of securities regulation.

LW142 International Trade Law (2) *
This course examines the historical, economic, and legal concepts underlying "free trade" and "fair trade" within the evolving GATT-WTO regime, with emphasis upon evolving dispute resolution procedures under the auspices of the World Trade Organization.

LW143 Legal Aspects of Foreign Investment in Armenia (2)
This course explores the legal and practical aspects of foreign investment in Armenia and doing business in Armenia; the instructor will be an attorney with extensive experience in these fields.

LW144 Intellectual Property Law (2) *
This course introduces the fundamentals of patents, trademarks, and copyrights, with emphasis on developing international standards of intellectual property protection.

LW145 Business Organizations II (2) *
This course builds on materials covered in Business Organizations I, focusing on more complex forms of business organization and on legal problems of doing business with particular nations.

LW241 Legal Aspects of the Telephone and Telecommunications Industries in Armenia (2)
This course will study the issues and legal cases that have arisen concerning the legal status of the telephone and telecommunications industries in Armenia. An examination will also be made of the arrangements that have been made between the government and Arminco and Armentel, as well as other private telecommunications businesses.

LW242 Comparative Bankruptcy and Reorganization Law (2)
This course examines the economic and legal prerequisites for the institution of bankruptcy or reorganization proceedings, including a comparative review of European, Russian, and U.S. insolvency law.

LW243 Securities Regulation and International Corporate Finance (2)
This course focuses on the formation and regulation of debt and equity markets, introducing basic concepts undergirding negotiable instruments and money substitutes used in modern business environments.

LW244 International Litigation and Arbitration (2) *
This course focuses on how private parties in different countries address and resolve disputes. The course focuses on commercial litigation and arbitration, with special emphasis on drafting arbitration agreements, resolving disputes under them, and obtaining enforcement of arbitral awards and court judgments.

LW245 International Commercial Transactions(2)
This course uses the 1980 Convention on Contracts for the International Sale of Goods to examine the fundamentals of modern commercial law, including the formation, interpretation, and application of contracts. The course then focuses on the basics of an international "documentary transaction" and the standard terms of international commerce.

LW246 Legal Accounting (2)
This is an elective course that covers the fundamentals of accounting that may be useful to lawyers or business persons.

CLINICAL

LW361 The Legal Profession and Legal Ethics (2)
This course provides a comparative overview of the roles of lawyers in various legal systems and focuses on the ethical obligations of lawyers towards their clients, the judiciary, society, and each other.

LW362 Legal Argument (2) *
This course teaches legal-argument skills, showing how lawyers and other citizens, by making reasoned arguments to courts, administrative tribunals, and other bodies, can help those bodies formulate and articulate reasoned decisions.

LW363 Contract Drafting (2)
This course develops skills in negotiating and drafting contracts, including preparing letters of inquiry and drafting offers, counter offers, and acceptances. Students build a file of contract documents involving various subjects.

LW364 Negotiation and Mediation (2) *
This course aims to give students real experience in conducting negotiations and resolving conflicts through mediation. Emphasis is given to case studies and role-playing sessions. In addition, students learn the essential principles of effective negotiation and mediation. The mediation section of the course will also address broader issues of current trends in alternative dispute resolution.

LW365 Trial Advocacy (2)
This course teaches trial-advocacy skills. Students watch videos showing lawyers examining and cross-examining witnesses, making arguments to judges and juries, introducing documents, and performing other trial roles. Students then assume these roles themselves in the context of materials simulating actual trials. Class discussion meanwhile focuses on ethical and other problems presented by trial practice.

LW471 Independent Study

LW472 Non-Traditional Study

LW473 Contemporary Issues in Law Seminar

WRITING PROGRAM

LW481 Writing Program (2) *
Starting with the class entering in 2003, each student must earn two units of credit for supervised work on his or her Master's Essay. This Essay requires research and writing during the winter between a student's first and second year and is due at the end of a student's second year. Completion of an acceptable Essay is a graduation requirement.

LEGAL RESEARCH CENTER

The Legal Research Center (LRC) is an integral component of the Department of Law. It includes the AUA Law Library, which maintains an extensive collection of printed and electronic reference materials covering all major fields of law and concentrating on comparative and international law. Most works are in English, but the Library also has all official Armenian law bulletins, the IRTEK electronic library of Armenian law, the GARANT electronic library of Russian Federation law, and other materials covering the post-Soviet region and Central Europe. Additionally, the Library subscribes to Westlaw and has access to the Internet.

The Library's collection of books and loose-leaf services includes approximately one thousand recent titles. All are catalogued in the AUA Libraries Online Public Access Catalog, which is available over the AUA Intranet. To facilitate user access, the Library maintains a start page with links to worldwide legal resources. To the extent its resources allow, the Library is open to the legal community in Armenia and the general public.

A major and growing focus of the LRC is research on law reform and legal-education reform in Armenia, the Caucasus, and countries in the post-Soviet region.