International Law Section Newsletter MAY 2010

Daniel Hurley to Speak on International Aspects of Cybersecurity at Section Lunch Daniel C. Hurley, Director of the National Telecommunications and Information Administration of the Department of Commerce, will speak on International Aspects of Cybersecurity at the section annual meeting and lunch Friday August 6.

  Mr. Hurley serves as the Director, Critical Infrastructure Protection, in the U.S. Department of Commerce’s National Telecommunications and Information Administration. A career member of the federal government’s Senior Executive Service, he manages the Department’s mission to ensure the Economic Security component of Critical Infrastructure Protection. He plays a key role in international initiatives by the federal government and U.S. industry to help build capacity in cybersecurity among Developing Countries.

From 1993 to 2001 he served as Senior Advisor to the Under Secretary for Export Administration where he headed the Bureau of Export Administration’s (BXA) nonproliferation and export control international cooperation initiative involving 25 countries. Mr. Hurley was an attorney-advisor in the Department’s Office of Chief Counsel for Export Administration. He recently chaired the interagency Communications Dependency on Electric Power Working Group. Mr. Hurley holds B.S. and M.A. degrees in mathematics from St. Louis University, a J.D. degree from Georgetown University and an M.B.A. from George Mason University.

Call For Submissions RALPH J. BUNCHE AWARD The Ralph J. Bunche Award was established to recognize unpublished original legal research in the area of international business law. The award will be presented at the ALSB annual conference in Richmond this August. The award is based on excellence in legal scholarship, quality of writing and research, and readiness for publication.

Authors may, however, simultaneously submit the paper for other ABLJ awards. Submissions must be made by e-mail attachment.

The cover page indicating the author’s name, position, school affiliation, address, telephone number and e Cengage Learning/South-Western Publish- -mail address should be attached ing will generously contribute a $250 prize separately to insure blind review. to accompany the award. Please send submissions to Dawn Swink by July 1, 2010 at To be considered, papers must not have been published or accepted for publication [email protected]. @stthomas.edu. elsewhere by the time of the conference.

Greetings from your officers

President Dawn Swink University of St. Thomas [email protected] Vice President Alexis Brown Stokes Texas State University [email protected] Secretary/Treasurer Marcia Staff University of North Texas [email protected]

ANNOUNCEMENT Please Join Us for the International Section Lunch & Meeting Friday, August 6, 2010 Noon to 1:30 p.m. Valintine Room

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Member News Bruce Carolan, Department of the Dublin Institute of Technology in Dublin, Ireland Bruce published the second edition of his textbook, European Union Law for Students in Ireland, and spent the Fall Semester 2009 as a visiting professor at the Stetson University College of Law. He hosted a visit by Stetson University Law Students and Professors in Ireland during the week of Saint Patrick's Day 2010, during which time they met with the Irish Supreme Court, the Irish Chief State Solicitor, the former chair of the Human Rights Commission of Northern Ireland, and paid a visit to the Stormont Assembly in Belfast. Dr. Larry A. DiMatteo, University of Florida Larry attended the 17th Wilhelm Vis International Commercial Moot in Vienna (March 27th-April 3, 2010) where he acted as a guest arbitrator. Larry also was appointed an affiliate professor at the Center of European Studies at the University of Florida. In addition, he received a competitive Curriculum Enhancement Grant to be used to incorporate a segment on the European Union in his course: “International Business Law.” On March 26, 2010, he Co-Chaired a Symposium hosted by the WAKE FOREST LAW REVIEW entitled Contract in Context: Identity, Power, and Contractual Justice. His article “Contract in Context and Contract as Context” (co-authored with Blake Morant) will be published in a forthcoming issue of the Review.

issue DiMatteo’s article Beyond Rules (co-authored with Samuel Flaks). DiMatteo’s article Strategic Contracting: Contract Law as a Source of Competitive Advantage has been accepted for publication in the AMERICAN BUSINESS LAW JOURNAL. An article entitled Penalty Clauses: A Comparative Analysis of the Civil and Common Laws will appear in a future issue of the INTERNATIONAL COMMERCIAL LAW JOURNAL to be published in Germany. Larry is also at work on two international law initiatives: (1) He is a contributing author on the Enhanced CISG Digest Project which is sponsored by the Institute of International Commercial Law at Pace Law School. The Digest will provide an up to date account of major cases and trends in the jurisprudence on the Convention on Contracts for the International Sale of Goods. It is being published by Thomson-West in a loose-leaf format to allow for constant updating. (2) Larry has been appointed to the writing team to draft The Global Principles of International Consumer Contracts (GPICC) as part of the Global Forum for International Consumer Law.

Larry co-authored a paper with Professor Sandra Miller entitled Law in Context: Teaching Through the Lens of Extra-Legal Sources which was presented by Professor Miller at the Association of Law Teachers Conference at Cambridge UniverTHE HOUSTON LAW REVIEW will publish in its next sity, England on March 29, 2010.

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Larry will give a Leverhulme Trust Grant Lecture at the University Of Leicester, United Kingdom this Summer and will present a paper on the Borderland Between Contract and Tort at a Round Table sponsored by the University of Muenster, Germany on November 26, 2010 and will also teach a course on “Anglo-American Contract Law” at the Muenster Law School. Lucien J. Dhooge, Georgia Institute of Technology It has been a busy year at the Georgia Institute of Technology. Lucien taught legal environment and real estate law at the undergraduate level and legal environment and business ethics in the graduate program last fall. He also taught international business regulations and business ethics in Georgia Tech’s executive education programs last summer and fall. In April, Lucien taught analysis of global environments in Buenos Aires, Argentina and Sao Paulo, Brazil. He will also teach international business law and global business ethics at Tech’s campus in Metz, France this summer. Two new books, INTERNATIONAL BUSINESS LAW AND ITS ENVIRONMENT (with Professor Richard Schaffer and Filiberto Agusti) and the second edition of BUSINESS LAW AND MARKET DECISION-MAKING, will be in print next year and later this year respectively. Lucien published manuscripts in the GEORGIA JOURNAL OF INTERNATIONAL AND COMPARATIVE LAW, the EMORY INTERNATIONAL LAW REVIEW and TRANSNATIONAL LAW AND CONTEMPORARY PROBLEMS published by the University of Iowa.

the FLORIDA STATE UNIVERSITY JOURNAL NATIONAL LAW AND POLICY.

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Lucien also authored a teaching perspective for the JOURNAL OF LEGAL STUDIES EDUCATION that will be published in the fall. He also presented research at the Association of Law Teachers’ conference at the University of Cambridge, United Kingdom and at the ALSB’s annual meeting in Denver, at which he served as program chair. Lucien became a part-time administrator in January when he became director of Tech’s global executive education program. Finally, and most importantly, Lucien reports that it has been his honor and pleasure to serve as ALSB president this past year. He looks forward to seeing everyone at the ALSB’s annual international conference in Richmond in August.

Janet Riola Hale, Texas State University – San Marcos

Celebrating the 1st decade of teaching in Germany, Janet Riola Hale from Texas State University returned to the Dualen Hochschule Baden-Württemberg Mosbach (formerly the Berufsakademie) in March. Students from fifteen nations filled the classroom. The DHBW recently received a $50 M gift to build a new campus in Heilbronn, in addition to the second daughter institution expanding inside of Bad Mergentheim's castle. Two Texas State students exchanged with DHBW students during the spring semester, and as liaison Hale expanded cultural enrichment for the GerLucien had two manuscripts accepted for publication man students with a trip to Norco Ranch in the Hill in the VIRGINIA ENVIRONMENTAL LAW JOURNAL and Country.

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the Legal Aspects of Doing Business in India conferIn addition, Janet and two other Texas State professors ence hosted by the Global Legal Studies Center. will be taking a group of MBA students to Chile in June for the third annual offering. Visiting law firms, Marisa Pagnattaro, University of Georgia, and courts, business and participating in a service project Ellen Peirce, University of North Carolina - Chapel rebuilding Chile post-earthquake will be filling the Hill, agenda. Texas State University and the Universidad Adolfo Ibáñez's exchange agreement will be executed Marisa and Ellen have an article forthcoming entitled From China to Your Plate: An Analysis of New Reguduring the June visit. latory Efforts and Stakeholder Responsibility to Ensure Food Safety in THE GEORGE WASHINGTON INRoger J. Johns, New Mexico State University TERNATIONAL LAW REVIEW. Roger and Mark S. Blodgett, of Suffolk University, have had their article, Fairness at the Expense of Marcia J. Staff, University of North Texas Commercial Certainty: The International Emergence of Unconscionability and Illegality as Exceptions to Marcia recently published an article United Nations the Independence Principle of Letters of Credit and Convention on the Contracts for the International Sale Bank Guarantees, accepted for publication in Vol. 31, of Goods: Lessons Learned from Five Years of Cases Issue 2 (Spring 2010) of the NORTHERN ILLINOIS UNI- in the SOUTH CAROLINA JOURNAL OF INTERNATIONAL LAW AND BUSINESS (Fall 2009). She continues to VERSITY LAW REVIEW. serve as Chair of the Department of Finance, Insurance Real Estate and Law in the College of Business Michael Koehler, Butler University at UNT. She was the winner of the 2009 Hewitt MeMike is a “new” law professor at Butler – having morial Master Teacher Award Winner for 2009 joined the faculty in August 2009. He edits the FCPA (presented by the Academy of Legal Studies in BusiProfessor Blog which is a great source of info on the ness) for her teaching presentation Taking the Fear Foreign Corrupt Practices Acts and can be found at Out of Teaching the United Nations Convention on Contracts for the International Sale of Goods. http://fcpaprofessor.blogspot.com/ Mike also made the following presentations:

Alexis Stokes, Texas State University - San Marcos

March 2010 – The Façade of FCPA Enforcement at Georgetown University Law School as part of the Combating Global Corruption symposium hosted by the GEORGETOWN JOURNAL OF INTERNATIONAL LAW. April 2010 – The FCPA and Doing Business in India at the University of Wisconsin Law School as part of

Alexis reports a rewarding year. She co-authored Short-Selling: Bogeyman or Not, Here Come More Regs, which was published in the January/February issue of the JOURNAL OF TAXATION AND REGULATION OF FINANCIAL INSTITUTIONS. She was again honored to be the McCoy College of Business Administration's

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nominee for the university-wide Presidential Excellence Award in Teaching for 2010. She enjoyed presenting a paper and seeing colleagues at the SALSB conference in March. On a personal note, Alexis is enjoying her new baby girl (who was born on her older sister's third birthday last May) and looks forward to Richmond! Debra M. Strauss, Fairfield University Debra was recently tenured and promoted to Associate Professor of Business Law!

be monumental and was addressed to Congress and the President seeking reform in the law to provide further redress for victims of terrorism.    

Dawn Swink, University of St. Thomas Dawn co-directed an E-Commerce course in Australia during January (which is the absolute best time to leave Minnesota, she assures everyone!). Twenty-four undergraduates were privileged to visit Sydney, Perth, Margaret River, Albany, and Melbourne before returning back to Sydney in time for Australia Day. Highlights of the trip included visits with the American Consulate, the Australian Privacy Commission, and representatives from various businesses that depend on the Internet to break the Tyranny of Distance. Rick Kunkel, also from the University of St. Thomas was the co-director.

Debra recently published Reaching Out to the International Community: Civil Lawsuits as the Common Ground in the Battle Against Terrorism, 19 DUKE JOURNAL OF COMPARATIVE AND INTERNATIONAL LAW 307-356 (2009) and The Application of TRIPS to GMOs: International Intellectual Property Rights and Biotechnology, 45 STANFORD JOURNAL OF INTERNADawn had her manuscript, You Can’t Put the Genie TIONAL LAW 287-320 (2009). Back into the Bottle: Potential Rights and Obligations Most recently Debra co-authored with her daughter of Egg Donors in the Cyberprocreation Era, accepted Melanie C. Strauss to publish Globalization and Na- for publication in the ALBANY LAW JOURNAL OF SCItional Sovereignty: Controlling the International Food ENCE AND TECHNOLOGY (lead article 2010). CoSupply in the Age of Biotechnology, 15 JOURNAL OF author is Brad Reich. LEGAL STUDIES IN BUSINESS 75-94 (2009). Dawn also has been awarded an Opus College of In an exciting development, Debra’s article Reaching Business summer research grant for continuing this Out to the International Community: Civil Lawsuits as stream of research. the Common Ground in the Battle Against Terrorism was directly quoted and cited extensively by the Chief Judge of the U.S. District Court for the District of Columbia in a major terrorism case, In re Islamic Republic of Iran Terrorism Litigation, 659 F.Supp.2d 31 (D.D.C. Sept. 30, 2009). The decision is considered to