Anglo-American Tort Law

*For more information, please visit CEIBA of this course. *Registration/Authorization Code If you wish to take this class but have not registered, please come to the TA’s office at room No.1804 (NTU College of Law, Tsai Lecture Hall, 8th floor) on Feb.22 (Wed.) during 1:20~5:20pm. and fill in and take the authorization code. If you have any questions, feel free to come in 1804 during 1:20~5:20 pm. and talk to the TA, Ming-Chan(Jack), Hsieh or contact me via r05a21106@ntu.edu.tw. Thank you. TA :謝明展(HSIEH, MING-CHAN) E-mail :r05a21106@ntu.edu.tw >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> This course explores the basic principles governing private lawsuits for damages for wrongs that are noncontractual, including consideration of intentional torts, negligence, and strict liability. The course will concentrate on injuries involving physical harms, although mental disturbance in connection with these physical harms will also be considered. Most of the coverage will involve American tort law, but there will be occasional references to British cases and applications. At the completion of this section of the course, students should be able to: 1)identify and describe major theories of Anglo-American tort law; 2)analyze and understand common law case decisions; 3)apply legal reasoning to factual situations; 4)understand how tort law fits within the framework of the US legal system College of Law Main Campus The class requires active, regular participation in and preparation for classroom discussions. Much of the class will be conducted through what is known as a “Socratic dialogue,” in which the professor will lead students through a series of questions and answers, based on the assigned cases and other materials. I hope to learn from you about tort law in the Republic of China and elsewhere in Asia, just as you learn about tort law in the United States of America and other nations applying Anglo-Saxon common law principles. Please read and analyze all of the assigned materials before class to facilitate discussions. Regular and punctual attendance will be required, as mastery of the written material alone will be insufficient to master the subject-matter. The examination will be an open-book exam. Students who wish to use laptops on the exam may do so. Robert M. Ackerman 60 Intensive courses LAW7608 (A21EM1800) 1 (College of Law) Graduate Institute of Law http://www.law.ntu.edu.tw/main.php?site_id=1

The United States and International Law

This course is concerned with the United States and its relationship with the international legal system. This includes a discussion of the domestic U.S. laws that affect and incorporate international law including the U.S. power to make international agreements, the role of U.S. courts in the interpretation of international law, and the use of military force. It also includes a review of U.S. foreign policy case studies that reveal the U.S. government’s particular approach to interpreting and applying international law. These case studies will include: the use of military force; the settlement of disputes using third-party judicial bodies; and the law of the sea. Where appropriate, the course will discuss how these United States views of international law differ from that of China or Taiwan. TA :仲民(Nolan Wu) E-mail :r04a41019@ntu.edu.tw To introduce different aspects of the U.S. government’s treatment and use of international law in its legal system and in its foreign policy. College of Law Main Campus Julian Gei-Lun Ku 30 Intensive courses LAW7607 (A21EM3150) 1 (College of Law) Graduate Institute of Law http://www.law.ntu.edu.tw/main.php?site_id=1

Seminar on American Constitutional Law

This course will provide students with a basic introduction to the American Constitution. Topics will include: the American Constitutional and governmental structures (Article I: Legislative Branch, Article II: Executive Branch, Article III: Judiciary), representative government, fundamental rights, federalism, criminal justice, and nondiscrimination. The Bill of Rights and key amendments (1st Amendment, 2nd Amendment, criminal procedure amendments, 14th Amendment) will also be discussed at an appropriate level of depth. Additional topics will include presidential elections and connections between economic law and the Constitution. Additionally, students will also be introduced to the American system of legal education and opportunities for graduate study of law in the United States. Students should be prepared to actively participate in in-class discussion, do numerous short writing assignments, and take the final exam. The teaching style of this course will: A) Be student-centered B) Comprehensive, and C) Consider why and how, not only what the law is. The professor will encourage students to think about challenging societal and legal problems, give their own ideas, and consider international perspectives. Three main goals: 1) Understand the US Constitution and key cases in US domestic context. 2) Think independently about the universality of constitutional issues. 3) Do both of the above at a high level of reading, writing, listening, and speaking English fluency. College of Law Main Campus Prerequisite:
LAW1060 (A01 131A0)Constitution.

Proficient English, law major and some comparative law experience preferred but not required Charles Wharton 50 Monday 3,4 LAW5070 (A21EU1290) 2 (College of Law) Graduate Institute of Law,
(College of Law) Department of Law
*Registration eligibility: juniors and above.
http://www.law.ntu.edu.tw/main.php?site_id=1

Financial Regulations in Asia

*For more information, please visit CEIBA of this course. *Registration/Authorization Code If you wish to take this class but have not registered, please come to the TA’s office at room No.1804 (NTU College of Law, Tsai Lecture Hall, 8th floor) on Feb.22 (Wed.) during 1:20~5:20pm. and fill in and take the authorization code. If you have any questions, feel free to come in 1804 during 1:20~5:20 pm. and talk to the TA, Ming-Chan(Jack), Hsieh or contact me via r05a21106@ntu.edu.tw. Thank you. — This course will explore various topics relating to financial regulations in Asia, with a particular focus in international financial regulations and the developed in Singapore and Hong Kong, the two biggest international financial centres in East and Southeast Asia outside Japan. The course will focus mainly on banking regulations; but some issues in insurance regulations and capital market regulations will also be compared. Throughout the courses, we will discuss and consider a wide ranges of issues from new global trend in regulatory structure, prudential regulations and to misselling of financial products and OTC derivatives regulation. We will discuss both theoretical issues as well as some details of regulations to allow students to have a bird eye view of key issues facing financial regulators and market participants in the post-Lehman era. TA :謝明展(HSIEH, MING-CHAN) E-mail :r05a21106@ntu.edu.tw By the end of this course, students will be able to: Understand the regulatory structure and source of law for financial regulations in relevant jurisdictions; Finding out key resources and rules in Singapore, Hong Kong, China and Taiwan; Identifying key legal issues facing financial regulators and market participants; Evaluating potential consequences of financial regulations on a financial transaction; Understand basic compliance issues facing financial institutions. College of Law Main Campus 1. General overview Background: the financial market and financial institutions in East and Southeast Asia Functions of different financial institutions and regulatory goals Design of regulatory structure, regulator(s) and law Source of law: Domestic regulations and international soft law
2. Prudential regulation Capital adequacy and solvency Basel Accord: historical development of the Basel Accord New developments post global financial crisis Cf. Solvency standards for insurers
3. Regulation on investment and risk management Restraints on banks’ investment in equity and land Regulation on investment made by insurers Impact of Volcker Rule from the US Separation of finance from industry
4. OTC derivatives regulation Meaning and function of derivatives Function of the ISDA master agreement Mandatory reporting, clearing and trading rules
5. Conduct of business General conduct of business and its effects Bank-customer relationship Bank secrecy Misselling and financial consumer protection Dispute resolution
6. Corporate governance and key person Key persons approval and criteria Corporate governance rules Remuneration
7. Resolution of financial institution and G-SIFI Resolution of financial institution in the domestic context Meaning of global systemically important financial institutions Resolution of G-SIFI and the key contributes

8. Anti-money laundering and terrorism financing; Tax
9. New frontiers Mobile and digital banking Alternative risk management and transfer Finch
Chen Chao-Hung 50 Intensive courses LAW5280 (A21EU4290) 1 (College of Law) Graduate Institute of Law,
(College of Law) Department of Law http://www.law.ntu.edu.tw/main.php?site_id=1

UK and EU Company Law

UK and EU Company Law is a one-semester module which aims to provide an introduction to and analysis of some of the fundamental areas of UK and EU laws of companies. The module covers topics concerning the use of the corporate form, in particular looking at issues arising on incorporation, issues arising from the company’s structure, administration and management and issues with directors’ obligations and minority shareholder protection. It also covers corporate responsibility in contract, tort and criminal law and major issues of corporate governance in the UK and EU. TA :李建德(Lee, Chien-Te ) E-mail :sp.peterlee@gmail.com On successful completion of this module, students should be able to: Module-specific skills (1) demonstrate a good understanding of the main areas of company law in England and Wales and the EU, and be able to discuss the practical and business context in which they operate; (2) demonstrate critical awareness of relevant issues, and identify and analyse critically legal problems in the commercial law context; and (3) demonstrate awareness of pragmatic, commercial, moral, policy and/or other issues in this field. Discipline-specific skills (4) identify and evaluate critically legal data from more than one source or jurisdiction; (5) analyse and apply legal data to specific facts and deduce likely outcomes where law is indeterminate; (6) demonstrate independent legal research and study skills; and (7) identify, select and organise materials and produce coherent and convincing arguments. Personal and key skills (8) demonstrate effective written and oral communication skills; (9) demonstrate sound paper-based and electronic research skills; and demonstrate effective team skills. College of Law Main Campus students need to have good command of English as they will be required to do group presentation – starting from the second lesson of week1. Joseph Lee 40 Intensive courses LAW5212 (A21EU4420) 2 (College of Law) Graduate Institute of Law,
(College of Law) Department of Law
*Registration eligibility: juniors and above.
http://www.law.ntu.edu.tw/main.php?site_id=1

Law of Contracts

Anglo-American Contract Law is a case-study course conducted in English. We use the following textbook: John P. Dawson et al., Contracts–Cases & Comment (Foundation Press: 10th edition, 2013). Students are required to read the assigned reading and brief the case if called upon. After each case is briefed by student, professor will guide the discussions. Students are encouraged to well prepare and participate discussion in the classes. Through the studies of cases of various topics under Anglo-American Contract Law, this course aims to teach students not only the important rules and principles of common law contracts but also the skill to read cases as well as issue-finding ability. Students will learn how to write brief and orally brief the case. Discussions provide students to think of viable arguments from different aspects and angles with justification and reasoning. College of Law Main Campus Prerequisite:
Civil Code-kinds of Obligations: LAW3281 (A01 37210) or LawILS7022 (A41 M0180).

Read the assigned reading (please see syllabus). Attend the classes. Brief the case if called upon. Participate discussion. A final exam will be conducted at the end of semester. Jen Guang Lin 30 Tuesday 1,2 LAW3360 (A01E39100) 2 (College of Law) Department of Law,
(College of Law) Department of Law, Legal Science Division http://www.law.ntu.edu.tw/main.php?site_id=1

Introduction to the Common Law Trust

This course introduces students to the common law trust, famously described by Maitland as ‘the most distinctive achievement of English lawyers’. The trust is a device which allows for the management of rights, both personal and proprietary, for the benefit of others or for certain permitted purposes. So, for example, a person might set up a trust to manage rights for his or her infant children, for the purposes of investment, for securitisation, to relieve poverty in a particular city, and many other purposes. In this respect, the trust is an extremely flexible instrument, which is now being copied in many civil law jurisdictions. The topics to be covered are as follows: 1. What is a trust? 2. Principal categories of trusts 3. The uses of trusts 4. Creating trusts 5. Trusts for purposes 6. Limits of trusts 7. The administration of trusts 8. The position of settlors and beneficiaries 9. Remedies for breach of trust 10. The role of the court 11. Position of third parties TA :陳詠(Sandy Chen) E-mail :R02A41010@ntu.edu.com The course aims to help students understand: (1) the core principles, topics, and cases of the common law trust; (2) the legal methodology employed by common law jurists; (3) the legal style of the common law tradition. College of Law Main Campus Dear students, For those who want to take the course of [Introduction to Common Trust Law] but didn’t get enrolled in the class in the first place, please come to get the registration code for the course from TA Sandy in room 2406 on the 4th floor of Wan Tsai Research Hall (the same building of where the law library is) during 9:00~12:00 in the morning on Feb. 20 (Mon.). We allow 20 more students to get enrolled in the class. TA Sandy William Swadling 58 Intensive courses LAW7605 (A21EM0760) 1 (College of Law) Graduate Institute of Law http://www.law.ntu.edu.tw/main.php?site_id=1

Introduction to German Constitutional Law

In Germany, constitutional law and the jurisprudence of the Federal Constitutional Court are of paramount importance to the legal system and to the political process. Besides, various elements of German constitutional law have heavily influenced the development of constitutional law in other countries. The course aims at providing a concise overview of the structures and contents of German constitutional law (branches of government, democracy, rule of law, social state principle, fundamental rights etc.). Also, the intricate relationship of constitutional law to public international law and to European Union law will be investigated. TA :陳冠中(Kuan-Chung Chen) E-mail :r02a21038@ntu.edu.tw The objective is to provide a concise overview of the structures and contents of German constitutional law. College of Law Main Campus Hanno Kube 30 Intensive courses LAW7606 (A21EM1500) 1 (College of Law) Graduate Institute of Law http://www.law.ntu.edu.tw/main.php?site_id=1