Department of Legal Studies

 

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The Department of Legal Studies provides high quality advanced legal education and education in human rights, comparative constitutional law, and international business law. Its programs are among the finest enabling students to obtain a solid grounding in fundamental legal concepts in civil law and common law systems and to develop unique skills in comparative analysis. Our students are encouraged to see complex legal and social problems in their broader context and seek solutions across continents and disciplines.

We also provide an opportunity for students to become familiar with Therapeutic Jurisprudence which is an interdisciplinary field of philosophy and practice that examines the therapeutic and anti-therapeutic properties of laws and public policies, legal and dispute resolution systems, and legal institutions. It values psychologically healthy outcomes in legal disputes and transactions, without claiming exclusivity in terms of policy objectives.

“Advanced Studies in Therapeutic Jurisprudence” is a course, designed to promote the study of  Therapeutic Jurisprudence.

This course will provide an advanced study of Therapeutic Jurisprudence (the study of the role of the law as a potential therapeutic agent), its origin and development, and its reach into the world of practice. While various areas of law will be explored (general legal counseling, family law, torts etc), the focus will be on how Therapeutic Jurisprudence enriches our thinking about judging and practice in criminal law, juvenile law, corrections, and re-entry from prison into.

THERAPEUTIC+COURT

Constitutional Law –Course Objectives

Participants will demonstrate the following skills through successful completion of all required coursework and assignments:

  • Explain the general provisions and principles of the U.S. Constitution
  • Discuss judicial review and its limitations
  • Identify the elements of federal jurisdiction
  • Examine the scope of national congressional power in commerce, taxing, and spending
  • Discuss intergovernmental immunities
  • Explain the scope of state power
  • Describe the scope of executive power in domestic and foreign arenas
  • Explain the substantive due process
  • Discuss the procedural due process
  • Examine the difference between the traditional approach to equal protection and the new approach to equal protection
  • Identify the criteria for determining what groups are entitled to equal protection
  • Explain the fundamental rights underlying equal protection 
  • Discuss the rationale behind the protection of speech
  • Examine the essential provisions of the doctrine of free speech
  • Discuss how the clear and present danger doctrine relates to freedom of expression
  • Identify what standards determine whether a form of symbolic conduct is protected by the First Amendment
  • Discuss the basics of the freedom of association and belief
  • Explain how the doctrine of freedom of expression applies to the local forum, commercial speech, defamation, obscenity, freedom of the press, and political speech.
  • Explain the establishment clause
  • Discuss how the establishment clause pertains to public aid to religion
  • Discuss how the establishment clause pertains to religion in schools and establishment outside of schools
  • Examine the concept of the free exercise of religion
  • Discuss the state action doctrine
  • Discuss the power of Congress to enforce the thirteenth, fourteenth, and fifteenth amendments

International Law

I. Nature, Origin, and Basis of International Law. 

  • The Emergence of International Law, Early European Authors, The Nation-State System, The Enforcement of International Law, The Effectiveness of International Law, The Weakness of International Law, The Juridical Basis of International law, The Future of International law and Material Sources of International Law.

II. The relation between International Law and State Law. 

  • Article 38 of the Statute of International Court of Justice, Primary Sources of International Law, Subsidiary Sources of International Law, International Soft Law

III. State in General and Recognition 

  • Personality and Statehood in International Law, The Subjects of International Law, Recognition of State and Government in International Law, Recognition of State and Government in National Law.

IV. The Law and Practice as to Treaties 

  • The Vienna Convention on the Law of Treaties


V. The Settlement of International Disputes. 

  • Negotiation, Mediation and Good Offices, Inquiry, Settlement by the United Nations, Conciliation, Arbitration, The International Court of Justice.

VI. International Humanitarian Law. 
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International and Non-International Armed Conflicts, Non-International Armed Conflict, ‘Combatant’ and ‘Protected Persons’, Protection of Wounded, Sick and Ship-Wrecked Persons, POWs, Civilians, Limitations on the Conduct of War, Limits on the Choice of Methods and Means of Warfare.

VII. The Use of Force 

  • The Law before the UN Charter, The Law after the Charter, The Collective Use of Force, The Right of Self-Defence.


VIII. International Institutions 

IX. State Territorial Sovereignty. 

X. State Responsibility.
 
XI. State Jurisdiction. 

XII. Succession to Rights and Obligations.
 
XIII. The State and the Individual. 

XIV. The State and the Economic Interest. 

XV. Diplomatic Envoys, Counsels and other Representatives. 

XVI. War, Armed Conflicts and other Hostilities. 

XVII. Neutrality.

A Global Think Tank and a Research Institution empowered by AUGP

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