Law and Economics in Civil Law countries with cases from German courts

Introduction to the law and economics of civil law with German landmark cases The course will provide a concise introduction to the law and economics of civil law. In an introductory part it will deal with the crucial role of law and institutions for the wealth of a nation. It will then proceed to the law and economics of contract law, tort law and property law, first presenting the economic analysis and then discuss hard cases decided by the German Supreme Court (Bundesgerichtshof). The cases will be based on a book jointly written with Hein Kotz, author of an acclaimed book on comparative law. Then questions of contract law including the good faith principle from an economic perspective and related cases will be discussed. We will also discuss the most important questions of tort law including its rationale, scope and weaknesses regarding the improvement of safety in a modern society. The part on property will concentrate on intellectual property and the tragedy of the anticommons as well as the law of taking and regulatory taking and related economic problems. Literature will be distributed to all participants. Knowledge of German Language is welcome but not necessary. The aim of the course is a better and more scientific understanding of socially desirable consequences of civil law rules . The course also shows which role law and economics can play within doctrinal reasoning in a civil law country like Germany. College of Law JOHANNES-BERNHARD SCHAFER LAW5358 1

Seminar in Stem Cell and Regenerative Medicine

This course is based on lectures and discussions on recent research in the field of stem cells. Each week, a faculty member or a student presents a discussion of one or a few related articles in the assigned topics. The article(s) should be deal with research in stem cell and regenerative medicine College of Life Science 1. Contact the course coordinator to enroll in the class. 2. All participants present at least twice. 3. Review the assigned articles before attending the class. 4. Participate in and contribute to class discussions. SU-YI TSAI LS7036 2

Introduction of Reading and Oral Presentation in Developmental Biology

This course is suitable for student who is interested in Developmental Biology (DB), but have no expereince in reading and presenting a scientific paper. An introduction of how a scientific paper is organized will be given at the beginning of course. General approaches and methodologies frequently used by a developmental biologist will be covered in the course. Later on, we will actively dissect several hypothesis-driven DB papers. Students will be required to transform a published paper into a scientific proposal and then based on the proposal to rewrite a manuscript. Each student is required to actively participate in our discussion and present papers in English. College of Life Science Rewrite a manuscript Prepare a proposal Presenring a paper SHYH JYE LEE LS7028 1

Seminar on International Investment Law and Investment Arbitration

Over 3000 international investment agreements (IIA) currently operates through Bilateral investment treaties (BITs) and investment protection provisions of free trade agreements (FTAs). Investment agreements are concluded by the investors home country and the host country. Its aim is to protect the investor and investment made in the territory of the host country. By the nature of mixing public-private law, investment treaties usually have a wider implication for the domestic regulatory regime of host states. Notable examples include trade, tax, intellectual property, renewable energy, environment and public health policies. How to balance investor rights and the host states right to regulate in public mattes has thus become a topical issue in investment relations. On dispute settlement, foreign investor are given the direct rights to use international arbitration challenging the host states measures. The arbitral rules of the ICSID (International Centre for Settlement of Investment Disputes) and United Nations Commission International Trade Law Arbitration Rules (UNCITRAL) are the two rules which have been most commonly used. As practiced, the number of investor-State arbitrations has mushroomed as hundreds of millions of dollars have been awarded as compensation remedies. Investment arbitration usually affects a wider public interest of a host state and thus has invited hot debates within international economic community. Tentative topics to be discussed follow. (1) Overview of International Investment Law _ Proliferation in Asia (2) Definition on investors and investments (3) Non-discrimination treatment: National Treatment; Most Favoured Nation (4) Indirect expropriations and right to regulate (5) Fair and equitable treatment: the emerging proportionality principle? (6) Full protection and security/ umbrella clause (7) Cross-cutting Issues in Investment Law _ Asia Perspective on Sustainable Environment and Public Health (8) BIT dispute settlement in East Asia and the dispute settlement in the investment chapter of the Trans-Pacific Partnership (TPP) (9) Introduction to ICSID arbitral rules(I): ICSID Jurisdiction, applicable law and interim measure (10) Introduction to ICSID arbitral rules(II):Challenge and annulment procedures (11) Introduction to ICSID arbitral rules(II): Enforcement and sovereign immunity The course is designed to help students establish the basic capacity to deal with issues on foreign investment law. It will also help students have good basic knowledges of investment arbitration. College of Law 1. Class sessions will be conducted by lectures and class discussions. 2. Each student is required to write a term paper at the end of the semester. The topic of the term paper needs to be approved by the instructor. The 10-page full-paper should use blue book citation. 5. Attendance for all classes and active class participation is strongly encouraged. In no event, the participants should miss two classes without good reason. 6. The course evaluation will be based on class participation (including attendance and discussion) (50%) and term paper (50%). TSAI-YU LIN Tuesday 34 LAW5528 2

Law of the World Trade Organization

The World Trade Organization (WTO) serves as the only and the most important multilateral institution addressing the rules of trade between nations. In todays globalized world, as trade increases and regional market integration deepens, legal issues of international economic relations are becoming more and more complicated. The issues facing the WTO are widening and go beyond a purely trade dimension. It might reach cross-cutting issues on foreign investment, environment, food safety, disease control, public moral, culture protection and human right. It is of immense importance for law students to have some broad understanding about WTO laws so as to know the essence of globalization and economic integration. The basic knowledge of WTO is also useful for understanding other fields of law, such as intellectual property law, service related laws (financial regulations, telecommunication laws, among others), international health law, and public international law. This course will be conducted in English. Main topic to be discussed: 1. The WTO: History and structure 2. WTO Dispute Settlement 3. Tariffs 4. Quantitative Restrictions 5. National Treatment 6. Most-Favored-Nation Treatment 7. Regional Trade Agreements 8. General Exceptions: GATT Article XX 9. Dumping and Antidumping 10. Subsidies and Countervailing Duties 11. Safeguards 12. Agreement on Sanitary and Phytosanitary Measures 13. Agreement on Technical Barriers to Trade 14. Trade in Services 15. Trade-Related Aspects of Intellectual Property Rights The course is designed to cover the fundamental aspects of the WTO law so that participants will be equipped with basic WTO law knowledge and skills. College of Law 1. Most class sessions will be conducted by lectures and discussions. 2. Attendance for all classes and active class participation is strongly encouraged. In no event, the participants should miss two or more classes without good reason. 4. The course evaluation will be based on class participation (including attendance) (50%) and the final term examination (50%). 5. The class schedule could be adjusted according to the actual number of students taking this class and the discussions in the class. 6. There will be (one or two) guest speakers to deliver speeches. TSAI-YU LIN Wednesday 34 LAW5139 2

Causality in Law

(待補) College of Law LAW5142 1

Principles of English Civil Procedure & Evidence

If one views law and equity as the flesh and bones of the law, litigation funding would probably be the lifeblood that nourishes them. This stream of lifeblood has been running through the English system and those that are closely mirrored on it for centuries. Such systems have however constantly suffered from a condition known as the “English disease of costs”. The chief symptoms of this disease include costs being “unpredictable, disproportionate and unlimited.”1 These in turn lead to costs which act as a barrier to justice. It is not that English law failed to pay heed to the law of costs. Rather, all the time and effort spent on the law of costs has failed to cure the disease: it has in fact merely served as a constant reminder of the seriousness of the ailment. Public outcry against the obscene legal costs of this system has echoed from the early days of the common law to the present day. There have been no lack of reform attempts. In fact, if one cares to look through the pages of history, reforms and proposals promising to bring down the obscene costs in English law have come and gone. Some achieve minor victories, while the vast majority have, on the whole, been utter failures. Against this historical backdrop, with the coming into force of the relevant provisions of the Legal Aid, Sentencing and Punishment of Offenders Act 2012, the Jackson reforms are the latest contender in a thousand-year English war against costs. There are repercussions and recurring themes in the history of costs that we never seem to be able to break off from. The reform of the law of costs went around in cycles, and the Jackson reforms were no exception to this historical pattern. There is a need to look into the historical development of the law when engaging in the reform of procedural law. After all, “[w]hat has been will be again, what has been done will be done again; there is nothing new under the sun”,2 and this would be particularly true in the context of civil procedural reform. This article is thus an attempt to provide a brief historical account of the law of costs, and to draw parallels between the Jackson reforms and previous laws, in the hope that these would provide a better understanding of our current law. – To introduce students to fundamental principles of the English law of civil procedure and civil evidence, which would serve as a conceptual framework for the further study of common law subjects and comparative study. – To equip students with essential knowledge on civil litigation in England and other jurisdictions similar to it. – To engage students in debates on both perennial and recent topics and challenges faced by the English law of civil procedure & civil evidence. NB It must be noted that due to the categorisations under English law, administrative litigation procedure would fall within civil procedure and thus the syllabus would also cover it. College of Law WING WINKY SO LAW5355 1

Introduction to the Insurance Regulation of the European Union

Sources of the EU insurance regulation The Single Market in Insurance The home country control and the colleges of supervision System of governance of (re)insurance undertakings Insurance intermediaries Consumer protection and insurance market The aim is to provide knowledge of insurance law in transnational (EU) perspective. The course identifies the sources of European insurance regulation and it will show the steps that led to the creation of the Single Market in insurance. The rules on governance and solvency of (re)insurance undertakings will be analyzed, as well as the system of supervision at EU level. The course will provide an overview of the regulation of insurance intermediaries and the EU rules on consumer protection in the insurance market. College of Law PIERPAOLO MARANO LAW5356 1

Seminar on Transitional Justice and International Human Rights

Addressing legacies of pervasive human rights and humanitarian law violations is essential to breaking cycles of violence. But trying to render justice for victims of mass atrocity and violations raises large conceptual and practical difficulties, particularly when a states political balance is delicate, society is divisive, prevailing narratives of the past are irreconcilable, resources are limited, and international actors get involved. Transitional justice has emerged as an approach to achieving justice in these complex settings, when states are emerging from conflict and authoritarian rule. This course is designed to provide students with an introductory understanding of transitional justice theory and the challenges faced when applying that theory in real contexts of transition to address legacies of mass human rights and humanitarian law violations. The course is based on the Socratic teaching method, which requires student participation in class discussion. Students are expected to read assignments before coming to class. In addition to lectures and class discussions, a range of experiential and participatory learning methods will be employed, including group projects, presentations, and role plays. All instruction, discussions, assignments, and examinations, including all student input, will be conducted in English. College of Law JAMES KENG-HUI LIN LAW5357 1

Harmonization of Private Law in the European Union

The course deals with the process of harmonization of private law and private international law in the European Union. The course will start approaching in depth the existing system of dispute resolution in the EU both State courts and ADR -mainly arbitration and mediation- and its interpretation by the European Union Court of Justice. The course will also deal with the harmonized choice of law rules developed by the EU in several fields -we will mainly focuss on contracts, torts, marital crisis and maintenance- as well as to the attempts to draft a substantive set of rules -the proposed common European sales law-. The course will end up approaching the enforcement stage: the system developed by the EU to ensure that judgments and orders rendered by European Courts can circulate along the Union. The course will provide students with a general approach to the current process of harmonization of Private Law and Private International Law in the European Union. Questions of Choice of Laws, International Jurisdiction and Recognition of Foreign Judgments will be studied and comparted with the existing situation in Taiwan. College of Law CARLOS ESPLUGUES LAW5352 1

White Collar Crime

This course is a comprehensive examination of the nature, extent and consequences of white-collar crime with emphasis on the law and social control from the criminal justice perspective. At the completion of this course, students will be able to: 1. Communicate about the nature and extent of different types of white-collar crime. 2. Evaluate the consequences of white-collar crime in a contemporary society. 3. Discuss the responses to white-collar crime from the criminal justice perspective. Date Content Remarks 12/19 Unit 1: Discovery and Study of White Collar Crime 12/20 Unit 2: Corporate Crime 12/21 Unit 3: Occupational Crime and Avocational Crime 12/22 Unit 4: Governmental Crime 12/23 Unit 5: State-Corporate Crime and Finance Crime 12/26 Unit 6: Enterprise Crime and Technocrime 12/27 Unit 7: Law and the Social Control of White Collar Crime 12/28 Unit 8: Policing and Regulating White Collar Crime 12/29 Unit 9: Prosecuting and Responding to White Collar Crime Book Report due Communicate about the nature and extent of different types of white-collar crime. Evaluate the consequences of white-collar crime in a contemporary society. Discuss the responses to white-collar crime from the criminal justice perspective. College of Law HSIAO-MING WANG LAW5353 1

The Philosophy of Donald Davidson

Donald Davidson (1917-2003) is arguably the most influential philosopher in the second half of the 20th century, specializing in metaphysics, the philosophy of language, the philosophy of mind, and some other related field. Surprisingly, he did not publish any single monograph, apart from some collections and a variety of essays. Each of his classical essays appears to be individually developed and seems to be fascinating and invaluable on its very own. It is striking that when and only when they are drawn together there emerges a compelling whole picture of man as a rational animal (presumably the only rational animal in this world). According to Davidson, the thoughts of human being should never be reducible to the material. Nonetheless, thoughts are components of the reality. Moreover, he classifies our knowledge into three distinct categories, including knowledge of our own mind, knowledge of the minds of others, and knowledge of the external world. And having knowledge of these categories are so fundamental to the nature of human being as the power of thought and speech itself. Davidson’s philosophical program can be roughly organized around two connected projects. The first is that of understanding the nature of human agency. The second is that of understanding the nature and function of language, and its relation to the world. Accordingly, the first part of this course will focus on Davidson’s investigation of reasons, causes, and intentions, which revolutionized the philosophy of action. This leads to his notable doctrine of anomalous monism, the view that all mental events are physical events, but that the mental cannot be reduced to the physical. The second part of this course focus on his philosophy of language. We shall study several famous essays in which Davidson set out his highly original and influential truth-conditional program of meaning theory and the role the very concept of truth plays in the theory of meaning and the philosophy of language in general. The course intends to offer a survey of the philosophy of Donald Davidson so that students can grasp, on the one hand, the development of the philosophy of language in the 20th century from Frege to Davidson, and on the other hand, the Davidsonian account of action. Davidson’s main theses will be formulated as clearly as possible and his arguments will be explicated. His original essays will be studied and common criticisms will be reexamined. I hope this course would be able to pave a road for the student not only to advanced study of Davidson’s works, but also to the study of philosophy of language, philosophy of action, and metaphysics in general. College of Liberal Arts 每週將會指定一篇戴維森的作品。要求進行閱讀、摘要。 CHIN MU YANG Thursday 789 Phl7674 3