{"id":1353,"date":"2018-03-06T10:53:38","date_gmt":"2018-03-06T15:53:38","guid":{"rendered":"http:\/\/blogs.harvard.edu\/hlscasestudies\/?p=1353"},"modified":"2018-03-06T10:53:38","modified_gmt":"2018-03-06T15:53:38","slug":"spotlight-on-international-and-comparative-law","status":"publish","type":"post","link":"https:\/\/archive.blogs.harvard.edu\/hlscasestudies\/2018\/03\/06\/spotlight-on-international-and-comparative-law\/","title":{"rendered":"Spotlight on: International and Comparative Law"},"content":{"rendered":"
\"\"<\/a>

Photo used under Creative Commons Licensing, Earth seen from the International Space Station.<\/p><\/div>\n

“The flow of goods, technology, ideas, capital, and people across borders means that the work of lawyers, whether in private practice or public service, increasingly involves matters in which knowledge of legal systems beyond one\u2019s own can prove important.” — <\/em>from International and Comparative Law Overview, hls.harvard.edu.<\/p>\n

HLS Case Studies authors have compiled several case studies that have an international or comparative law component. Continue reading to learn more about these case studies.<\/p>\n

The WikiLeaks Incident<\/strong><\/a>\u00a0is a workshop-based case study designed as a background document to set the stage for several hypothetical classroom exercises during which students play the roles of various stakeholders to broaden their understanding of the issues involved. The 2010\u00a0WikiLeaks shared leaked U.S. government documents, many of which were classified, resulting in legal maneuvering and tensions between Wikileaks, its critics, and its supporters. This case encourages students to ponder the question: What is the lawfulness and ethics of the actions taken? Students will analyze the government’s reaction to a large amount of classified material being published online, explore ways to respond appropriately to future leaks of sensitive material from the point of view of various stakeholders, and discuss ways in which the Internet as changed whistleblowing activity as well as the legal ramifications of these changes.<\/p>\n

This case was developed for an Advanced Problem Solving Workshop in Cyberlaw and Intellectual Property, a second- or third-year elective course taught in the Harvard Law School J.D. program. The case can be taught in four 90-minute class sessions.<\/p>\n

Sanctuary Cities<\/a><\/strong>\u00a0asks students to engage in a legislative simulation before the House Subcommittee on Immigration and Border Security. The subcommittee hears testimony from various groups on a proposed House bill that would cut federal funding to sanctuary jurisdictions. Students play the roles of majority and minority members of the subcommittee, representatives of various organizations with an interest in the proposed legislation, and correspondents from different media outlets.\u00a0<\/strong><\/p>\n

This simulation could be taught in Immigration Law courses, or seminars and clinical seminars on immigrant rights and advocacy. It could also be used in Legislation and Regulation courses.<\/p>\n

“I wanted the students in my immigration law class to engage with the complex legal issues presented by the current debate over sanctuary policies and was eager to facilitate a productive debate.”<\/em> – Professor Sabrineh Ardalan<\/p>\n

Click here<\/a> to read more on case Professor Ardalan’s comments about this case study.<\/p>\n

The Case of the Lead Toys<\/a><\/strong> is a workshop-based case study that follows the story of toymaker Mattel that came under fire in 2007 when one of its European retailers found lead paint on some toys manufactured in China.\u00a0The case asks students to play the role of the General Counsel for Mattel, determine what questions to ask their client, and draft a press release to communicate to the public about the crisis. The problem fits in the general category of avoiding trouble or distributing losses that have already occurred. Students will discuss whether lawyers should advise clients as if they were solely interested in taking maximum advantage of their legal rights or if their advice should encompass the full range of the client\u2019s concerns, engaging the client’s moral compass in deciding whether it is right to pursue a legally-available objective.<\/p>\n

This case was developed for the Problem Solving Workshop, a second-semester required course taught in the Harvard Law School first-year J.D. program. It has been used as the introductory case to highlight decisions faced by lawyers working directly for and with clients. The case can be taught in four hours over two sessions.<\/p>\n

Ching Pow: Far East Yardies!!<\/a><\/strong>\u00a0is a workshop-based case study based on the story of Jamaican filmmaker and entrepreneur Bruce Hart, who set out to make a low-budget box office hit called \u201cChing Pow: Far East Yardies!!,\u201d a satirical redubbing of a kung fu movie that appeared to be in the public domain. However, with sponsorship secured and production underway, Hart discovered that there existed a copyright holder to the original film. This case follows Hart\u2019s international quest to find the copyright holder and secure permissions to release his movie. Readers will take the stance of Bruce Hart\u2019s lawyers and parse out the distinctions of derivative and orphan works in intellectual property law, identifying a systematic approach to problem-solving when faced with an unresolved issue.<\/p>\n

This case was developed by Professor Charles Nesson for an elective course for the Harvard Law School J.D. program. Educators may want to pair this case study with a discussion of the United States\u2019 unique policy of statutory damages in copyright infringement cases. This case can be taught in\u00a0two 90-minute sessions.<\/p>\n

So<\/strong>ma<\/strong>lia in Crisis: Famine, Counterterrorism, & Humanitarian Aid (Part A<\/a>, B1<\/a>, B2<\/a>) <\/strong>is a free, 3-part case study that forefronts the 2011 Somalia famine to ground the teaching of International Humanitarian Law (IHL) with a real-world application.<\/p>\n

Part A\u00a0<\/strong>is a workshop-based case study that provides\u00a0an opportunity for students to examine the potential impacts of U.S. material-support-to-terrorism laws in the context of humanitarian crises, through the lens of the Somalia famine. Participants are primed to problem solve, navigate potentially competing domestic and international law and policy, and make ethical and legal decisions in a high-pressure, complex international crisis. Then, in Parts B1 and B2, students will engage in role play exercises designed to expose the\u00a0challenges in developing a consensus response among U.S. government agencies to a humanitarian crisis where\u00a0a terrorist organization perceived as\u00a0threatening U.S. security interests is involved.<\/p>\n

Part B1 is best suited for two class periods spanning 90 minutes each. Part B2 can be taught in one or two class periods spanning 90 minutes each.<\/p>\n

“…role-play exercises such as the Somalia Case Study help to contextualize IHL, introduce students to law\u2019s real-world application, and potentially galvanize ideas about legal reform.”<\/em> – Professor Rebecca Sutton<\/p>\n

Check out our 4-part blog series about what students of Professor Rebecca Sutton’s Re-Imagining International Humanitarian Law course at the University of Western Ontario Law School thought about the use of this roleplay in a course on International Humanitarian Law.\u00a0Read Part 1<\/a>,\u00a0Part 2<\/a>, Part 3<\/a>, and\u00a0Part 4<\/a>.<\/p>\n

\n

Want more? Browse through our\u00a025 case studies that incorporate aspects of international and comparative law on our website<\/a>.<\/p>\n

Click here<\/a> for more on International and Comparative Law at Harvard Law School and visit the Institute for Global Law and Policy<\/a>.<\/p>\n","protected":false},"excerpt":{"rendered":"

“The flow of goods, technology, ideas, capital, and people across borders means that the work of lawyers, whether in private practice or public service, increasingly involves matters in which knowledge of legal systems beyond one\u2019s own can prove important.” — … Continue reading →<\/span><\/a><\/p>\n","protected":false},"author":9490,"featured_media":0,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_jetpack_newsletter_access":"","_jetpack_dont_email_post_to_subs":false,"_jetpack_newsletter_tier_id":0,"_jetpack_memberships_contains_paywalled_content":false,"_jetpack_feature_clip_id":0,"_jetpack_memberships_contains_paid_content":false,"footnotes":"","jetpack_publicize_message":"","jetpack_publicize_feature_enabled":true,"jetpack_social_post_already_shared":true,"jetpack_social_options":{"image_generator_settings":{"template":"highway","default_image_id":0,"font":"","enabled":false},"version":2},"jetpack_post_was_ever_published":false},"categories":[1],"tags":[],"class_list":["post-1353","post","type-post","status-publish","format-standard","hentry","category-uncategorized"],"jetpack_publicize_connections":[],"jetpack_featured_media_url":"","jetpack_sharing_enabled":true,"jetpack_shortlink":"https:\/\/wp.me\/p4CR8M-lP","jetpack-related-posts":[{"id":498,"url":"https:\/\/archive.blogs.harvard.edu\/hlscasestudies\/2013\/08\/06\/conversation-starters-case-studies-for-curricular-reform\/","url_meta":{"origin":1353,"position":0},"title":"Conversation Starters: Case Studies for Curricular Reform","author":"Elizabeth Moroney","date":"August 6, 2013","format":false,"excerpt":"In April, Dean Jeremy Paul of the Northeastern University School of Law and co-managing partner Alan Klinger of Stroock & Stroock & Lavan wrote for the New York Law Journal about legal curricular reform.\u00a0 Paul and Klinger outline seven improvements to current legal training, and we at the Case Studies\u2026","rel":"","context":"In "Case Development Initiative Blog Posts"","block_context":{"text":"Case Development Initiative Blog Posts","link":"https:\/\/archive.blogs.harvard.edu\/hlscasestudies\/category\/case-development-initiative-blog-posts\/"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":928,"url":"https:\/\/archive.blogs.harvard.edu\/hlscasestudies\/2015\/02\/24\/law-ethics-and-policy-in-humanitarian-crises-a-student-perspective-on-new-simulations\/","url_meta":{"origin":1353,"position":1},"title":"Law, Ethics, and Policy in Humanitarian Crises: A Student Perspective on New Simulations","author":"Elizabeth Moroney","date":"February 24, 2015","format":false,"excerpt":"New Products: Somalia in Crisis: Famine, Counterterrorism, and Humanitarian Aid By Danae Paterson In the fall of 2014, the Harvard Law School Program on International Law and Armed Conflict (PILAC) offered prototypes of two case studies under the thematic umbrella of Somalia in Crisis: Famine, Counterterrorism, and Humanitarian Aid. The\u2026","rel":"","context":"In "Program on International Law and Armed Conflict Blog Posts"","block_context":{"text":"Program on International Law and Armed Conflict Blog Posts","link":"https:\/\/archive.blogs.harvard.edu\/hlscasestudies\/category\/program-on-international-law-and-armed-conflict-blog-posts\/"},"img":{"alt_text":"somalia2","src":"https:\/\/i0.wp.com\/blogs.law.harvard.edu\/hlscasestudies\/files\/2015\/02\/somalia2-500x341.jpg?resize=350%2C200","width":350,"height":200},"classes":[]},{"id":409,"url":"https:\/\/archive.blogs.harvard.edu\/hlscasestudies\/2013\/06\/05\/all-the-worlds-a-stage-when-a-prosecution-becomes-a-media-circus\/","url_meta":{"origin":1353,"position":2},"title":"All the World’s a Stage: When a Prosecution becomes a Media Circus","author":"Lisa Brem","date":"June 5, 2013","format":false,"excerpt":"Case Study in Criminal Law May 14, 2011. Dominique Strauss-Kahn, the director of the International Monetary Fund and front runner in the French presidential campaign, was handcuffed and led off an Air France flight as it sat on the tarmac at New York\u2019s Kennedy International Airport.\u00a0 DSK\u2019s arrest and prosecution\u2026","rel":"","context":"In "Case Study Program Blog Posts"","block_context":{"text":"Case Study Program Blog Posts","link":"https:\/\/archive.blogs.harvard.edu\/hlscasestudies\/category\/case-study-program-blog-posts\/"},"img":{"alt_text":"","src":"https:\/\/i0.wp.com\/blogs.law.harvard.edu\/hlscasestudies\/files\/2013\/06\/DSK-333x500.jpg?resize=350%2C200","width":350,"height":200},"classes":[]},{"id":44,"url":"https:\/\/archive.blogs.harvard.edu\/hlscasestudies\/2013\/01\/14\/hls-courses-use-case-studies-to-teach-real-world-skills\/","url_meta":{"origin":1353,"position":3},"title":"Leadership in Law Firms","author":"Lisa Brem","date":"January 14, 2013","format":false,"excerpt":"In Leadership in Law Firms, Professor Ashish Nanda helps students explore careers in law and professional service firms Professor Ashish Nanda's spring course, Leadership in Law Firms, uses case studies and guest speakers to help students understand how law firms and professional service firms work and explore how to succeed\u2026","rel":"","context":"In "Case Development Initiative Blog Posts"","block_context":{"text":"Case Development Initiative Blog Posts","link":"https:\/\/archive.blogs.harvard.edu\/hlscasestudies\/category\/case-development-initiative-blog-posts\/"},"img":{"alt_text":"","src":"https:\/\/i0.wp.com\/archive.blogs.harvard.edu\/hlscasestudies\/files\/2013\/01\/Ashish2.jpg?fit=640%2C340&ssl=1&resize=350%2C200","width":350,"height":200,"srcset":"https:\/\/i0.wp.com\/archive.blogs.harvard.edu\/hlscasestudies\/files\/2013\/01\/Ashish2.jpg?fit=640%2C340&ssl=1&resize=350%2C200 1x, https:\/\/i0.wp.com\/archive.blogs.harvard.edu\/hlscasestudies\/files\/2013\/01\/Ashish2.jpg?fit=640%2C340&ssl=1&resize=525%2C300 1.5x"},"classes":[]},{"id":336,"url":"https:\/\/archive.blogs.harvard.edu\/hlscasestudies\/2013\/05\/22\/between-a-rock-and-a-very-hard-place-leadership-in-international-conflict\/","url_meta":{"origin":1353,"position":4},"title":"Between a Rock and a Very Hard Place: Leadership in International Conflict","author":"Lisa Brem","date":"May 22, 2013","format":false,"excerpt":"New Product: Reputation, Credibility, and the Goldstone Report by Amanda Reilly, Lisa Brem, and Elizabeth Moroney When the United Nations published the Goldstone Report assessing the 2008 Israeli military strike in Gaza, it (and its main author, Jewish South African jurist Richard Goldstone) received a barrage\u2014a landslide\u2014a torrent\u2014of criticism. Certainly,\u2026","rel":"","context":"In "Case Study Program Blog Posts"","block_context":{"text":"Case Study Program Blog Posts","link":"https:\/\/archive.blogs.harvard.edu\/hlscasestudies\/category\/case-study-program-blog-posts\/"},"img":{"alt_text":"","src":"https:\/\/i0.wp.com\/blogs.law.harvard.edu\/hlscasestudies\/files\/2013\/05\/800px-P10107961-500x351.jpg?resize=350%2C200","width":350,"height":200},"classes":[]},{"id":729,"url":"https:\/\/archive.blogs.harvard.edu\/hlscasestudies\/2014\/03\/25\/check-out-our-menu-makeover\/","url_meta":{"origin":1353,"position":5},"title":"Check Out Our Menu Makeover!","author":"Elizabeth Moroney","date":"March 25, 2014","format":false,"excerpt":"Better Browsing and Ready-to-Teach Units on HLS Case Studies Site The Case Studies Program is piloting new website features to help customers explore our offerings. Now, visitors can browse by product type: discussion-based case study, workshop-based case study, role play, DVD, international materials, and free materials. Workshop-based case studies generally\u2026","rel":"","context":"In "Case Study Program Blog Posts"","block_context":{"text":"Case Study Program Blog Posts","link":"https:\/\/archive.blogs.harvard.edu\/hlscasestudies\/category\/case-study-program-blog-posts\/"},"img":{"alt_text":"","src":"https:\/\/i0.wp.com\/blogs.law.harvard.edu\/hlscasestudies\/files\/2014\/03\/New-menu-500x345.png?resize=350%2C200","width":350,"height":200},"classes":[]}],"jetpack_likes_enabled":true,"_links":{"self":[{"href":"https:\/\/archive.blogs.harvard.edu\/hlscasestudies\/wp-json\/wp\/v2\/posts\/1353","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/archive.blogs.harvard.edu\/hlscasestudies\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/archive.blogs.harvard.edu\/hlscasestudies\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/archive.blogs.harvard.edu\/hlscasestudies\/wp-json\/wp\/v2\/users\/9490"}],"replies":[{"embeddable":true,"href":"https:\/\/archive.blogs.harvard.edu\/hlscasestudies\/wp-json\/wp\/v2\/comments?post=1353"}],"version-history":[{"count":15,"href":"https:\/\/archive.blogs.harvard.edu\/hlscasestudies\/wp-json\/wp\/v2\/posts\/1353\/revisions"}],"predecessor-version":[{"id":1378,"href":"https:\/\/archive.blogs.harvard.edu\/hlscasestudies\/wp-json\/wp\/v2\/posts\/1353\/revisions\/1378"}],"wp:attachment":[{"href":"https:\/\/archive.blogs.harvard.edu\/hlscasestudies\/wp-json\/wp\/v2\/media?parent=1353"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/archive.blogs.harvard.edu\/hlscasestudies\/wp-json\/wp\/v2\/categories?post=1353"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/archive.blogs.harvard.edu\/hlscasestudies\/wp-json\/wp\/v2\/tags?post=1353"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}