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China Law - Summer

Elective Course

6 Credit(s)
LAW 595 - 85

Quick Links: International Programs - China Program

Faculty

Professor Panarella
Comparative Environmental and Renewable Energy Law  - 2.0 Credits

This course provides a comparison of the environmental legal systems that exist in both China and the United States. The course will place particular emphasis on laws affecting water ecosystems, habitats, and resources. We will compare the major environmental laws of both nations and consider how the various levels of local, state/provincial, and national systems function together in each country. Students will analyze the strengths and weaknesses of each country’s laws and what each country can learn from the other about environmental protection. The course will also examine possible future directions in those laws and areas of challenge, including environmental justice concerns, climate change, and how the systems strain to balance environmental protection alongside economic opportunity and growth.

The Renewable Energy portion of the course will focus on highlighting the differences and similarities between the renewable energy industries in the two countries.  Particular attention will be paid to the following:

  • The laws and policies supporting (and, in some cases, limiting) the development of renewable energy in both countries
  • The interaction between the two industries, particularly in the area of free trade  (the US is a big market for Chinese wind turbine and solar cell manufacturers)
  • Lessons learned from the US renewables experience that can inform the development of the more nascent Chinese industry
  • Environmental drivers of renewable energy development in both countries
  • Transmission constraints that bedevil both industries

Professor Horton
Comparative Antitrust Competition and Consumer Protection Law - 2.0 Credits

This course will analyze and compare the basic antitrust and competition laws in the United States and China, including America’s 1890 Sherman Antitrust and 1914 Clayton Acts, and China’s 2008 Anti-Monopoly Law.  Key areas of focus will include illegal horizontal conspiracies in restraint of trade; monopolies and dominant firm conduct; and mergers and acquisitions.  Seminal American and Chinese cases in each substantive area will be considered and contrasted.  The histories and philosophies behind each country’s competition laws also will be discussed.  On the consumer protection side, we will review and contrast America’s Federal Trade Commission Act of 1914 with China’s Anti-Unfair Competition Law of 1993, as well as some of the landmark cases in each country.  Students will participate in daily group activities and will retry several famous American and Chinese competition cases at the end of the course. 

Professor Morrissey
Comparative Business Organizations Law - 2.0 Credits

The course will first cover the various legal forms that American law provides for the organization of a business. To understand how to choose among those entities, some basic tax considerations will be discussed. As further background the students will be provided with some elemental accounting principles. These matters will all be presented in comparison with their doctrinal counterparts in Chinese law as presented by a Chinese professor.

The class will also cover other fundamental aspects of American business law such as limited liability and the problems that go with the defective formation of various business entities. In addition, the students will be introduced to the law governing corporate finance including the rights and properties of diverse financial instruments. That will lead naturally to a rudimentary examination of the American laws governing the issuance and trading of securities as well as the corresponding regulatory regimes in Chinese law. Time will also be spent on the structures of the different American business organizations with a particular emphasis on proper corporate governance. The class will conclude with observations on how all this impacts global commerce. A Chinese law professor will present his/her insights on those issues and on the general interrelation of our two systems of business law.