Int'l Bus Trans Course 2011 Webpage

Michael D. Ramsey

Professor of Law, University of San Diego Law School

International Business Transactions, Fall 2011 Course Webpage

COURSE OVERVIEW

Class Meetings: Tuesday & Thursday, 10:30 am – 11:45 am

Office Hours: 1:00 pm – 3:30 pm Tuesday

1:00 pm – 3:30 pm Thursday

Textbook: Ralph H. Folsom, et al., International Business Transactions (10th edition, West, 2009).

Note: All assignments and course discussion will be made with reference to the tenth edition of this text. The ninth edition is not a suitable substitute.

Additional assignments will be made from materials available on-line. Many of these assignments will be to statutory materials that are also available in the Documents Supplement to the textbook. However, the Documents Supplement is not required for those willing to find the material on line.

INFORMATION REGARDING COURSE SCHEDULE

This space will be used for announcements regarding class cancellations, make-ups, optional events of interest, and other updates regarding the course schedule.

This course will not meet Thursday, November 10, 2011.

This course will meet for a make-up session Tuesday, November 29, 2011, at 10:30 am in Room 3C Warren Hall (NOT our regular room).

COURSE ASSIGNMENTS

This space will be used to post assignments for each class meeting; these assignments will also be announced in class. Assignments are keyed to the course Reading List. Units 1, 2 and 3 of the Reading List are available below.

Assignment for Thursday, 12/1

No new assignment; we will complete Problem 10.6 and the balance of the class will be a review session.

Assignment for Tuesday, 11/29 (make up class)

No new assignment; we will complete Problem 10.6 with focus on the FSIA and on transactional solutions.

Note: The make up class will meet at our regular time (10:30 am to 11:45 am) in Room 3C Warren Hall (NOT our regular room)

Assignment for Tuesday, 11/22

Reading List Part V. In particular, consider (a) remedies against the government, and (b) transactional solutions.

Assignment for Thursday, 11/17

No new assignment; we will complete Problem 10.5 by considering the issue from a business planning perspective.

Assignment for Tuesday, 11/15

Reading List Part IV, focus on Doe v. Unocal

Also, we will conclude Problem 10.4 by considering allocation of risks relating to foreign government interference

No Class Thursday, 11/10

Assignment for Tuesday, 11/8

No new assignment; concentrate on identifying specific risks facing the project in Problem 10.4 and how to allocate them

Assignment for Thursday, 11/3

Reading List Part III (problem 10.4)

Assignment for Tuesday, 11/1

International Investment reading list, Part II

Assignment for Thursday, 10/27

The new reading list (Part 3 — International Investment) is available for download below. For 10/27, read part I.

Assignment for Tuesday, 10/25

No new assignment; we will complete Problem 8.3

Assignment for Thursday, 10/20

Reading List Part III

Note: you must have a copy of the Foreign Corrupt Practices Act (FCPA) to complete this problem.

In addition, answer these questions for problem 8.1 (the previous assignment):

(a) Is there an STA license exception for exports to Germany under CCL 2E001 under the facts of problem 8.1?

(b) Is there an argument that the involvement of the Chinese graduate student in the university research, under the facts of problem 8.1, is not a deemed export under EAR Part 734? (Look at all of Part 734).

Assignment for Tuesday, 10/18

No new assignment; focus on the issues listed in the 10/13 assignment plus the Fitzgerald excerpt on pp. 802-07.

Assignment for Thursday, 10/13

No new assignment; in addition to the core question of Problem 8.1 (shipment of products to Germany, Iraq and Syria), consider other issues the client might be concerned about, including:

(a) sending designs overseas;

(b) development work in the US;

(d) ways to prevent future violations; and

(e) the possibility of operating through an overseas subsidiary.

Assignment for Tuesday, 10/11

Reading List Part II

Note: this assignment requires extensive interaction with the Bureau of Industry and Security website (www.bis.doc.gov), especially the following:

“Steps for Using the EAR,” Export Administration Regulations (EAR), part 732;

“Scope of the EAR,” EAR part 734;

The “Commerce Country Chart,” EAR part 738 Supplement #1; and

Commerce Control List Category 2.

Assignment for Thursday, 10/6

Unit 2 Reading List, Part I B & C

Assignment for Tuesday, 10/4

Unit 2 Reading List, Part I A (problem 6.2)

Note: This problem involves close focus on the chart on p. 462 and on three sources of rules of interpretation: (1) The HTS Notes; (2) The HTS Additional U.S. Notes; and (3) The HTS General Rules of Interpretation. The first two of these are in the text, pp. 461 and 463. The third, which is of equal or greater importance, can be found online.

Assignment for Thursday, 9/29

No new assignment; re-read the Baker article excerpts from the prior assignment

Assignment for Tuesday, 9/27

Reading List Part IX (including UCC 2-615 and CISG Art. 79)

Assignment for Thursday, 9/22

No new reading; we will cover part B of Problem 4.1 (on the CISG)

Note: if you have not already done so, please find and read UCC 1-105, 2-207, and 2-314 through 2-316 (these should have been included in Reading List Part VIII)

Assignment for Tuesday, 9/20

Reading List, Part VIII (Problem 4.1); focus on pp. 80-96.

Assignment for Thursday, 9/15

Reading List, Part VII (Problem 5.3)

Assignment for Tuesday, 9/13

Reading List, Part VI (Problem 5.2, plus UCC 5-109)

Assignment for Thursday, 9/8

Reading List, Part V (Introduction to Letters of Credit and Problem 5.1, plus UCC sections 5-101 to 5-108)

Assignment for Tuesday, 9/6

No new assignment; we will complete problem 4.5

Assignment for Thursday, 9/1

Unit 1 Reading List, Part IV (problem 4.5)