Paper, Order, or Assignment Requirements
Syllabus
The syllabus may be subject to revision — materials may be added or deleted dependent on how
the course progresses. If you are absent, it is your responsibility to check with a colleague to see if
the reading assignment has been revised.
Readings will be assigned from the following required texts:
Folsom, Gordon & Spanogle, International Business Transactions
(the “Casebook”).
Documents Supplement to Folsom, Gordon & Spanogle, International Business Transactions Copies
of the Supplement will be on reserve. You may opt to consult the reserve copies or photocopy the
entire statute or relevant portions assigned instead of purchasing the Supplement. These
documents are also readily available online.
As a general rule, make sure you always read the problem at the beginning of each assignment,
and the “Questions and Comments” (Q&C) sections – even though the Q&C sections tend to be
at the end of the problem and thus might not be assigned when I assign the first part of an
assignment. At times the Q&C will provide you with the information and clues necessary to
evaluate the problem. Even if it only raises questions more than provide answers, it will help you
shape the framework through which to conceptualize the topic and the problem to be addressed.
Keep in mind that I have at times divided each problem into two parts for purposes of assigning your
reading per class (so that the reading is not Aexcessive.@) The Q&C tends to be at the end of, or
occasionally, the middle of the problem. This means that when you are reading the first part of the
assignment, this part might not contain the pages that the Q&C are on. You need to read the Q&C
nonetheless to give you greater overview of the problem.
TOPICS AND READING ASSIGNMENTS
FORMS OF DOING BUSINESS: INTERNATIONAL TRADING OF GOODS
The Basic Transaction: Toys to Greece
Casebook, Read 28-40. Focus on Forms 1 through 6 and Form 11 and chart on p.
52 (yes, chart on page 52 although you’re not assigned to READ beyond page 40
for this first assignment)
Casebook, Read 41-58. Focus on Form 13. Note that the two main terms you are 2
expected to know, FOB and CIF (Incoterm) are fully set forth on pp 95-97; these
pages are in a problem that is not assigned. But so that you understand FOB and
CIF, we will go through those specific pages even though we will not be doing that
problem.
Formation of An International Transaction: Insulation to Germany (Problem 4.1)
Casebook, Read 58-73. You will need to study UCC 2-207 (in the supplement), or
get the same from some other source (online) if you choose not to get the
supplement. Also, read UCC 2-314 to 2-316. It is very important that you focus
on statutory sections assigned for this problem.
Read pp 73- 79 (up to Perillo article) ; p 81 (Unidroit Principles, esp. article 2.22).
You need to study the UN Convention on Contracts for the International Sale of
Goods, in the Supplement, Arts 1, 6, 18, 19, 35, 36 (Focus on Article 1 and
Article 19) (or get the Convention some other way).
Read Q&A, pp 84-90
Wars and Other Frustrations: Oil from Araby (Problem 4.3)
Casebook, Read 125-137; 138-140
Read 149-157.
FINANCING THE INTERNATIONAL SALE OF GOODS
Intro: Letters of Credit
The Letter of Credit and Electronic Communication: Gold Watch Pens for France
(Problem 5.1)
Casebook, Read 224-242
Casebook p 243-268
Docs Supp, Read UCC 5-107; 5-108
Enjoining Payment of Letters of Credit for Fraud: VCRs from China (Problem 5.2)
Casebook 268-289; 298-301. You need to read UCC-5-109
III. FORMS OF DOING BUSINESS: LICENSING, THEFT AND PROTECTION OF 3
INTELLECTUAL PROPERTY
Franchising & Trademark Licensing: Colonel Chicken Goes Abroad (Problem 9.1)
Casebook 752-765 (intro to international IP treaties); 765-770 (intro to
franchising); 778-779 (Q&C)
Casebook 783-799 (antitrust issues in the U.S. and E.U. and Q&C); 770-778
(franchising contract)
Protection of I.P: Piracy & Gray Market Rockers Tapes & CDs (Problem 9.2)
Read Casebook 799-813;816-817
You need to look at Section 526 of the Tariff Act of 1930 (document supplement,
19 U.S.C.A. section 1526(a))
Casebook 817-824 (focus on K mart case); 826-829; 832-836
Protection of Intellectual Property: Section 337 Proceedings, Special 301
Procedures, TRIPS and Pharmaceuticals from Thailand (Problem 9.3)
Read Casebook 836-857
Class discussion for this part will focus on the Q&C on pp 1013-1014. Please read
the Q&C carefully and apply the issues raised to the problem laid out in the fact
pattern.
Docs Supp., Read Section 337 of the Tariff Act of 1930. Focus on section 337(a)
through (d).
Casebook 857-868
Class discussion will focus on the Q&C on pp 1026-27. Please read the Q&C
carefully and apply the issues raised to the problem laid out in the fact pattern.
Also Docs Supp., Agreement on Trade Related Aspects of Intellectual Property
Rights (TRIPS) Articles 27-31.
FORMS OF DOING BUSINESS: FOREIGN INVESTMENT
Introduction 10.0 The Decision and Ways to Invest Abroad B Domestic Goods in
France
Read Casebook 900-912 ; 913-919 (introduction to basic issues to consider)
Joint Venture Contract (handout)4
PLEASE BRING THE HANDOUT JOINT VENTURE CONTRACT TO EVERY CLASS FROM
NOW UNTIL THE END OF CLASS. WE WILL MAKE CONTINUING REFERENCES TO IT
AS RELEVANT
Issues Confronting The Established Investment: Currency Controls, Transfer
Pricing and Insolvency: Domestic Goods Five Years Later (Problem 10.2)
Casebook 954-966 (currency controls)
Casebook 966-972 (transfer pricing). We will not address transnational insolvency
The Taking of an Investment By a Third World Nation; Obstacles to Recovery; and
Lump Sum Settlements, Claims Commissions, and Insurance: Fishing Rods in
Marnesia (Problem 10.6)
Casebook 1075-1089 (up to sovereign immunity)
Casebook 1089 (sovereign immunity) -1098 (focus on Banco Nacional v.
Sabbatino); 1101-1106
You need to read from Doc. Supp, Foreign Sovereign Immunities Act of 1976 (Focus on
section 1605(a)(1) through (a)(6 )
TRANSNATIONAL DISPUTE RESOLUTIONS
Resolution of International Disputes: Televisions Everywhere: Choice of Forum and
Jurisdiction (Problem 11.1)
Casebook 1152-1162 (forum)
International Enforcement of Foreign Arbitral Awards: Cars from Malaysia
(Problem 11.5)
Casebook 1277-1297, 1303-1307
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