Seminar

 Faculty

 The Law of the European Integration I and II  This year-long seminar aims at introducing students to the principal historical, political and economic underpinnings of European Integration as well as at providing them with a deep understanding of core substantive law issues. To this end, we will revisit the founding cases of EU law in a fresh light, making use of the Total Law method, and study the phenomenon of European Integration through its five main facets: The Political, The Law, Community, The Market, and The World.
1. The Political - We will examine issues of balance of powers at the level of both inter-institutional  dynamics and relationships between the EU and national political systems through concrete issues of allocation of powers, decision-making processes, including agenda-setting and quasi-legislation, and through theoretical questions of governance, federalism and democracy.
2. The Law - This cluster aspires to provide more than the usual overview of the EU legal order. We will examine the twin pillars of the EU legal order: sovereignty and constitutionalism, and how they have contributed to shaping our understanding of  EU?s  authority and its relationships to both international and national legal systems. We will look at how this has led to some of the central doctrines of EU law such as direct effect, supremacy and subsidiarity, and the specific role and architecture of the Union?s judiciary in this context. We will also review how the authority of EU law is complemented by its submission to the rule of law. In this context, one issue of particular importance will be the protection of fundamental rights. The later are also a particular good example of how a limit to EU powers can, increasingly, become a new EU power.
3. Community - The idea of Community lies at the heart of the European project. This has been made particularly explicit with the establishment both of EU citizenship and the area of freedom, security and justice. EU law therefore provides for citizenship rights for EU nationals as well as governing equal opportunities, immigration and asylum, and criminal justice.  It is based on certain conceptions of, and begs questions about identity and boundaries.
4. The Market - In the beginning of European integration was the Market. It is not only the founding but also the most fully-fledged policy field developed at the European level.  We will thus focus on a contextual and functional analysis of the free movement rules and their impact on the regulatory and tax policies of the Member States. We will therefore also consider the main forms of regime for governing the single market: mutual accommodation; Union legislation; standardization and pan-Union agencies, and address the tensions between different ideologies and market and non-market considerations such as social justice, environment or public health.
5. The World - This cluster envisages the European Union as a World player. We will look at asymmetries in competencies between different policy fields such as commercial policy and defense policy; the related Union?s competence and its power of external representation; their intertwinement with those of the Member States;  the Union?s foreign policy democratic credentials; the systems of committees, representative processes and institutional relations that allow the Union to build up positions in international organisations and negotiations both in its own right and alongside those of the Member States. We will analyze in more particular detail some of the central international fora where the Union is prominent such as the WTO, the G20 and the Copenhagen Climate Change negotiations.
Be prepared for a very intensive but rewarding seminar!

The Total Law Team:
Joseph Weiler | New York University
Miguel Poiares Maduro | European University Institute
Damian Chalmers | London School of Economics
José María de Areilza | Instituto de Empresa
Karine Caunes | New York University
Kieran St C Bradley | European Parliament
Imola Streho | Sciences Po

 Comparative Private Law  The purposes of this seminar are twofold.
First, according to mainstream comparative analysis, it will show how legal systems - at least in countries that have attained a certain degree of economic development - face similar problems and achieve similar results with the help of different legal instruments and doctrines. Examples will be provided, such as the treatment of gifts and the gratuitous expenditure of labour or the gratuitous user of someone else?s assets and the treatment of loss of chance and pure economic loss. The fluidity of borders between contract, restitution, tort and property will be pointed out with the help of paradigmatic cases such as restitutionary damages or disgorgement of profits. This mainstream convergence thesis does not hold true, however, in several areas of Private Law where differences among national legal systems in the EU are significant. Those differences concerning, for example, pre-contractual duties to inform and the avoidance of contracts for mistake and deceit, will be examined.
The seminar's second purpose is to focus on some examples of the influence of EU Law in Private Law. EU Law has proved to be one of the most influential factors in the development of the Private Law of the Member States, both at the level of substantive and choice-of-law rules. Again examples will be provided respectively of this influence of primary and secondary EU Law namely, in Private International Law, on the selection of the relevant connecting factors to determine the law applicable to both legal and natural persons and, regarding secondary European legislation, in some of the fields, particularly in contract law, where this influence has been more pervasive: individual labour contracts, life insurance and the regime of self-employed commercial agents.

Júlio Gomes | Catholic University of Portugal
António Frada | Catholic University of Portugal

Comparative Public Law  This seminar will examine the theory and practice of federalism and constitutional rights. In the first part, devoted to federalism, our main focus will be on the EU, the United States, and Canada, with additional materials drawn from other jurisdictions as needed. The theoretical principles and practical lessons drawn from the materials will have broad application. The seminar will begin with a case study of two prominent high court decisions enforcing the enumeration of powers in federal systems. We will then step back to examine the theoretical foundations of federalism. After gaining a better theoretical understanding of the purposes of centralization and decentralization in federal systems, we will return to case law.  By examining federalism disputes in the areas of environmental law, morality and health legislation, abortion, as well as educational and welfare benefits, we will gain a deeper under-standing of federalism itself and of the role of the judiciary in helping to preserve this principle within any given federation. The rights oriented part of the seminar on comparative public law focuses on the basic conceptual, structural and institutional questions related to modern human and constitutional rights practice and its connection to democracy. Examples will be drawn primarily from European and US contexts.

Daniel Halberstam | University of Michigan
Mattias Kumm | New York University; Humboldt University, Berlin 

 Competition Law  Competition law (called "antitrust law" in the United States) has become an important factor in international economic relations, in international  business and in legal practice relating to international business.  As economic activity becomes increasingly global, its importance will continue to increase in each of these areas.  In this course we will examine competition/antitrust law from a comparative and international perspective. We will look at competition law and competition law experience in the US and Europe, but also in among the newer players in competition law, including China, Japan, and Korea and examples from Latin America and Africa. We will examine some of the ways in which antitrust systems differ and what the implications of these differences are for international economic policy, international business and international legal practice. The course also investigates competition law on the global level. To what extent do domestic competition laws apply to conduct outside the territory of the state in which they are enacted? What is international antitrust convergence? Why is it so important? What are the prospects for international agreement relating to competition law?
The course materials consist of Prof. Gerber's recent book on the subject, entitled Global Competition: Law, Markets and Globalization (Oxford Univ. Press, 2010).

David J. Gerber | Chicago-Kent College of Law
J. L. Cruz Vilaça | Católica Global School of Law

 International Trade Law  This seminar is a foundational seminar on substantive international trade law. It focuses on the core principles of WTO law in the fields of goods and services. In the first part of the seminar, we will study the non-discrimination principle, as embodied in Article I GATT (Most-Favoured-Nation principle), Article III GATT (National Treatment) and in the corresponding GATT provisions. These are really constitutional-type principles.
The second part of the seminar will deal with the Agreements on Technical Barriers to Trade (TBT), and on Sanitary and Phytosanitary Measures (SPS). The TBT and the SPS being largely incomplete contracts, the main focus of the seminar will be on the manner in which they have been completed through case-law so far.

Petros C. Mavroidis | Columbia University; Université Neuchâtel
Piet Eeckhout | King's College London

Tax Law in a European and Global Context  The first part of this seminar will focus upon direct taxation matters and the current challenges emerging from overlapping taxation of cross-border income. It aims to analyse the existing tension between European Tax Law and International Tax Law through the discussion of the criteria chosen by the European Court of Justice regarding identification of discriminatory/restrictive taxes within the European Union and between Member States and third countries, the relevance of bilateral tax treaties in overcoming or not discriminatory/restrictive domestic tax rules, and accepted justifications of discriminatory/restrictive taxes. During the second part of the seminar attention will shift to indirect taxation, and namely VAT. The aim is to analyse the main features of the European VAT model, assessing its advantages and disadvantages, in an attempt to first establish what has determined its success around the Globe, and second, through a comparative analysis, to consider whether that success can be harvested in order to overcome some of the less accomplished features of the EU VAT system. During both parts of the seminar particular attention will be given to the emerging commonalities and synergies, which can be established between direct and indirect taxation matters, such as the new principle of prohibition of abuse of law and the relationship between European primary and secondary legislation.

Ana Paula Dourado | University of Lisbon
Rita de la Féria | University of Oxford

 Seminar

Faculty 

Two Visions of International Law  
Part 1 -This part introduces students to an approach to international law grounded in rational choice theory.  It assumes that states act in their rational self-interest and that international law reflects efforts by states to advance their national interest through international cooperation.  The approach is contrasted with other theories of international law, and used to analyse several areas of international law, including the UN Charter, human rights, and international adjudication.
Part 2
This part will place theories about international law within the framework of their fundamental paradigms. This should provide a better understanding of, and a more critical perspective on, the diverse and contrasting positions within international legal scholarship. I will trace the impressive variety of visions of international law back to two competing paradigms: particularism and universalism. Particularism - from antiquity to structural neorealism and neo-conservative thought - forms the basis of all theories of international law which assert that true public order is only possible within a homogeneous community. Accordingly, international law can at best provide some containment of disorder. In contrast, universalism - formulated in the stoicrationalistic and Christian tradition and well alive in authors such as Tomuschat and Habermas - underlies all positions which assert that truly public order is in principle possible on a global scale. Also post-modern and system theory approaches to international order will be discussed.

Eric A. Posner | University of Chicago
Armin von Bogdandy | Max Planck Institut for Comparative Public Law and International Law

 Seminar

 Faculty

Common Law and Civil Lw: Differences, Similarities and Converging Trends
The course will focus on the evolution and the main characters of the western legal tradition in its civil law and common law components. In this connection, the analysis will touch upon some issues, which show how common law and civil law are gradually converging. Besides the formative period of the civil law and  the codification movement of the 19th century, the course will deal with such topics as the legal education, legal professions, courts and procedure; constitutions and judicial review of legislation; the role of legislation, case law and doctrine as sources of law; the authority of judicial precedents.

Comparative and Global Administrative Law  The purpose of this course is to explain how global rules develop alongside global markets.
The course will address the following questions: What is global governance? Is there a private law or a constitutional law framework of global regulation? Are global standards addressed to national governments or to citizens? Is the global administrative process subject to global principles of law? How do national interest groups interact with global regulators? Are global regulators? decisions subject to judicial review? What is the role of transnational relations in the global legal order? Does legal globalization benefit developed countries more than less developed countries? Does the increasing body of global regulation and adjudication produce a universal administrative law or an Americanization of domestic laws?
Both the legal and the political ramifications of the above issues will be considered.

Sabino Cassese | Italian Constitutional Court

 Comparative Corporate Law  This seminar examines comparatively the core concepts and practices of corporate organization, structure and management under American and European Union (primarily UK and German) law and regulations. It begins with a discussion of the evolution of corporate law concepts and practices, economic analysis of business enterprises, and social responsibility.  The seminar will focus not only on the emergence of principles of harmonization of corporate law, but also on significant and abiding differences, particularly between the US and the European approaches to corporate goals and objectives, and the scope and nature of corporate regulation.  Subjects for detailed discussion will include: fiduciary and due-care duties of directors and officers; "interested" transactions by directors, officers and shareholders; corporate financial structure; corporate formation; and shareholder voting. The course will conclude with an extensive discussion of the structuring of small business enterprises, with particular attention to partnerships and close corporations.

Paulo Câmara | Católica Global School of Law

Comparative Intellectual Property in the Digital Age: An EU-US study  The seminar will explore tensions between intellectual property law and freedom of expression, as well as challenges posed by new technologies, in both the United States and European Union. The seminar will begin with an introduction to different philosophical conceptions of intellectual property and authors' rights in the US and EU.  It will then cover case law and legislation in both the US and EU in the quickly evolving area of digital copyright. The class will conclude with an examination of current cases, legislation, and debates, including the controversies surrounding peer-to-peer file sharing, user generated content and "remix", and video sharing sites such as YouTube.

James Boyle | Duke University School of Law
Jennifer Jenkins | Duke University School of Law

 Constitutional Law Beyond the State  This seminar looks at the recent exponential development of constitutional ideas and structures beyond the traditional confines of the nation state. Increasingly we find the development of constitution-like institutions, frameworks and principles, or at least an increased discussion of the prospect of such developments, in supranational (e.g. the EU), global (e.g United Nations, WTO) and transnational private (e.g. internet regulation) settings. This reflects and tracks the broader movement of economic, political and cultural power from the state to the transnational level. However, the constitutionalization of transnational relations is a highly uneven, conflicted and controversial process. The seminar will examine the main controversies, including the absence of popular sovereignty, citizenship  and democratic institutions in transnational constitutions, the significant empowerment of transnational judges and the emphasis upon individual rights as against transnational or global public goods. It will also examine and evalaute different models for conceiving of transnational  constitutionalism (e.g ´top-down´ institutional or normative  models versus ´bottom-up´pluralist models) as well as examining those positions that are critical of all attempts to frame transnational law in constitutional terms.

Neil Walker | The University of Edinburgh

European Legal Method  In this seminar we will analyse the relationship between European law and legal method. In particular, we will address three main themes. The focus will be mainly on private law.
A first theme will be the distinction between the internal and the external perspectives on law. As a result of European integration, the dividing line between these different perspectives, with their respective appropriate methods, is blurring in two mutually reinforcing ways. First, in the developing multi-level system it is unclear where the external borders of the system lie, in particular the borders between Community law and national law. Second, because of the less formal legal European culture the (formerly) external perspectives, such as the economic perspective, have easier access and play an increasing role as policy considerations. In this workshop we will discuss the main implications of this phenomena.
A second theme will be three different ways of looking at European private law and European legal method, i.e. a nationalist, a dualist, and aEuropeanist way. In the nationalist perception, the Europeanisation of private law is a process that affects and modifies the national system of private law. The focus is on how to integrate these ?foreign? elements without upsetting the original system. In the Europeanist perception, in contrast, all private law in the European Union forms a single, gradually integrating system. The focus is on the interplay between the different levels of governance and on how the progressive coherence of the whole multi-level system and the gradual convergence of its components can be achieved. Finally, in a dualist perception, on the territory of each Member State there are two systems: a national and a European one. Both systems are complementary and intertwined but nevertheless distinct. In this perception, the focus is, quite naturally, on tracing the exact borderline between the two systems. We will asses the implications of these three different views for the idea of a European legal method.
A third theme will be the CFR as a toolbox for judges. The forthcoming instrument on European contract law, be it in the shape of an optional code for cross-border contracts or as an official toolbox for the European legislator, is likely to have a spill-over effect on adjudication. Judges will have no great difficulty in finding model rules and definitions that might come in handy when dealing with gaps and ambiguities in European private law. However, the question is whether such a role as a toolbox for judges would be legitimate. We will discuss three types of possible legitimation strategies: the new European methods, traditional methods of legal interpretation, and merely political legitimation.

Free Trade and Environmental Protection  This seminar focuses on one of the great challenges for international cooperation in the present age: how to reconcile free trade and free markets with effective environmental protection policies. The seminar will study the law on trade and environment, which can be found in the law of the WTO, in regional law (e.g. the EU and NAFTA), in multilateral environmental agreements, and indeed in general public international law. It will examine the connections between law and policies in this area, and will focus on the contributions made by case-law which seeks to balance free trade and environmental protection. The seminar will further aim to identify a proper theoretical basis for such balancing.

 Human Rights Law  Human rights are en vogue. Not that they are respected more than they ever were, but they have gained the status of a moral, political and legal lingua franca. This has had significant repercussions on the place of human rights in national, regional and international legal practice. This is clearly the case in Europe, where human rights protection has become an inescapable but also a contentious feature of European political and legal integration and provides, one may even venture, tangible evidence of European legal pluralism. Human rights are a complex and elusive phenomenon, however. Their moral, legal and socio-political nature makes them difficult to justify and explain in any given legal order. Isolating any one of those dimensions, however, is a serious impoverishment. To make things worse, human rights? overlapping national, European and international legal guarantees and jurisdictions, and the comparative or transnational constitutional discourse that has gradually built around them often make accounts of human rights fragmented, incomplete and, as a result, even incoherent. This seminar is one of the first of its kind in that it aims at remedying blind spots in traditional human rights teaching. It embraces both theoretical and practical dimensions of human rights at the same time, and chooses an inclusive approach that focuses on their moral, political and legal nature and considers at once the plurality of their legal sources and the various jurisdictions monitoring them.

 International Arbitration  This seminar will deal with the essentials of International Commercial Arbitration, its importance as a modern way of dispute resolution, its organization and incidents, its advantages and disadvantages, the selection and jurisdiction of arbitrators, the proceedings, the decisions and their international recognition and enforcement.

Jan Dalhuisen | Miranda Chair in Transnational Financial Law, Católica Global School of Law

 International Investment Law  This seminar looks at the exponential growth in international legal rules governing foreign investment. We will begin by tracing the historical, political and economic causes for the development of a plurality of such rules across custom, bilateral and regional investment treaties. We will then focus on the unique elements of dispute resolution in this field which confer standing on private (foreign) actors against states parties. Finally, we will turn to select key cases to critically evaluate the impact of investment law across a range of institutional and normative values. These encompass implications for environmental regulation, the protection of human rights and systemic engagement with the European legal order.

Jürgen Kurtz | The University of Melbourne

 Philosophy of Free Trade  We are all familiar with economic arguments for and against free trade. In this seminar we will consider instead some moral arguments for, against, and just about trade.  Of course, we should not expect that the moral and the economic can be entirely separated, so we will end up talking about both. Possible topics include: Is there a human right to trade? Is there (sometimes) a human right to be protected from the consequences of trade? Is the WTO legitimate? What is an externality? Are laws that restrain imports on the basis of the way they were produced extraterritorial in any objectionable sense, or coercive? Is there any real substance to the notion of international friendship mentioned in treaties of "friendship, commerce, and navigation"? Is there a moral obligation on existing WTO Members to admit new would-be members on reasonable terms? Is the nationality discrimination implicit in protectionism objectionable in the same way as race or sex discrimination? What is "discrimination"? Does the trade system give poor, or small, or developing countries a raw deal? This list is illustrative only, not exclusive.

Sports Law  In its 2004 ruling in Meca-Medina, the Court of First Instance (now the General Court) asserted that sport is based on "noble competition", and it consequently refused to subject anti-doping rules to the control of EU competition law. On appeal, the Court of Justice disagreed. It found instead that the restrictive effects of anti-doping rules on athletes' freedom must be limited to "what is necessary to ensure the proper conduct of competitive sport". An excessive penalty would be incompatible with the Treaty. In line with previous rulings such as Bosman the Court therefore demanded that sporting practices which exert economic effects must comply with EU law. But what does EU law require? The Treaty does not address the peculiarities of sport. In fact, until December 2009 and the entry into force of the Lisbon Treaty, it never even mentioned sport. Sport is big business: but equally sport is different from many industries (for example, clubs in a league need each other as opponents, so they are not competitors in the normal sense) and, more broadly, sport is culturally significant. This seminar will explore how the institutions of the EU have shaped a policy on sport amid the growth of sports-based litigation. We are often told that "sport is special": but what does this really mean as a matter of law?

Stephen Weatherill | University of Oxford

The Economics of the Legal System  This seminar provides an introduction to the economics of legal system with emphasis on a comparative perspective. Law and economics is by now a dominant methodology in legal theory in the United States. The pace of law and economics in European legal thinking has been somewhat slower but no less influential. This seminar will cover the standard topics of law and economics from the perspective of comparative law and legal institutions.
It starts with a brief introduction to law and economics. The main areas covered by the seminar are property, contracts, torts and litigation. The seminar concludes with recent advances in comparative law and economics, in particular the legal origins literature and the role of the judiciary.

Nuno Garoupa | University of Illinois
 

 The Political Philosophy of European Contract Law  In this course we will explore the possible implications of leading contemporary theories of political philosophy for some of the main questions that the political institutions of the European Union will have to decide on concerning the future of European contract law. In particular, we will address the questions what is the importance of freedom of contract; whether there is a need to protect weaker parties such as consumers; what should be the role for fundamental rights; whether there is a need for democratic legitimacy; and what is the ideal level of governance, national, European, or other. We will submit each of these questions to five leading theories of contemporary political philosophy. Thus, we explore what a utilitarian, liberal-egalitarian, libertarian, communitarian, deliberative/citizenship idea of European contract law might look like. In this way, leading theories of social justice are linked up to the grand questions of European contract law. Ultimately, an analysis of this kind could lead to a rather comprehensive matrix of the main political positions concerning the principal normative questions of European contract law. It is submitted that a political-philosophical analysis of European contract law along these linescould provide a fuller picture than one-dimensional schemes of left-versus-right, diachronic accounts featuring one leading idea at a time, or space-time analyses in terms of national political traditions.
The aim of the course is to demonstrate the relevance of social justice theories to some of the main issues concerning the future of European contract and, conversely, to indicate the relevance of (European) contract law to political philosophy. In other words, the aim is to show that whether we live in a just society depends, in part, on the contract law that we have, and, conversely, that contractual justice is, at least in part, a matter of social justice. Thus, it is also meant as a response to those who argue that private law is merely a matter of individual (notably commutative) justice.
Within the actual debate on European contract law, sometimes theories of contemporary political philosophy (or more classical ones) are explicitly invoked in order to justify a certain normative position. More often, however, without any explicit claims being made by anyone, there exist in fact structural similarities between discourses. Instances of such congruence will be provided throughout the course.
An important question is whether it is possible and desirable to explain and justify one's concept of European contract law and its future exclusively in terms of one single of these five political ideas of European contract law. The tentative answer in this course is that a pluralist or composite idea of European contract law is more attractive than a monist one.

Martijn W. Hesselink | University of Amsterdam

 Seminar

Faculty 

Comparative Judicial Decision-Making  This seminar compares the theory of judicial decision-making in the domestic courts of United States and France, and in the supranational courts of Europe (the ECJ and the ECHR). Examining the judicial argumentation of the United States Supreme Court and of the French Cour de cassation, the seminar first reorders the traditional comparative understanding of the difference between French civil law and American common law judicial decision-making. It then uses this analysis to offer a comparative examination of the interpretive practice of the European Court of Justice. The seminar will then study the Article 6 (1) "fair trial" jurisprudence of the ECHR, which is inducing significant shifts in the traditional decision-making practices of, for example, the French, Dutch, Belgian and Portuguese supreme courts. In order to ground the theoretical discussions about these pragmatic issues of judicial practice, we will read classic American texts on the nature of judicial interpretation and decision writing. This will allow us to question the relationship between judicial transparency, deliberation and legitimacy.

Mitchel Lasser | Cornell University

 Law and Literature  In this seminar we will be looking at some of the possible relationships between law and literature. The major themes of the class will be 1) depiction of law and lawyers in literature 2) the relationship between the interpretation of legal and literary texts and 3) law in utopia and dystopia. Recurring issues in our discussions will include such questions as, how should interpreting the constitution be similar to or different from reading a novel? Can literature tell us things about the good life and the good society that philosophy or political theory cannot? If so, why? Can there be a type of morality or ethics that is specific to a particular role? Where are the good lawyers in literary works? The books for the seminar (all of which should be read before taking it) are Jean Anouilh's Antigone, Margaret Atwood's The Handmaid's Tale and Harper Lee's To Kill a Mockingbird. In addition two short poems will be distributed electronically to the class's participants.

 The Grand Theories of Small Cases  In this seminar we will see how seemingly mostly practical and, even, unimportant cases can hide important theoretical questions. The aim is to show the powerful interaction between theory and the practice of the law and to challenge the traditional division between "legal and political theory" and the "the practice of law". On the one hand, we will show how even the most practical and technical cases can entail important theoretical decisions. On the other hand, we will see how these practical cases can inform a better theoretical debate. The purpose is twofold: first, to achieve a better practice of law, one which is aware of its theoretical assumptions and informed by theory; second, to discuss different theories in the light of their practical consequences.

Miguel Poiares Maduro | European University Institute

 Clinic

 Faculty

 Legal Research The clinic introduces the students to individual academic research in law. We will discuss and study the psychological, intellectual, and material aspects of the process of research; the techniques for locating the relevant sources of information and the fundamentals of computer-based (and especially internet-based) research; the standards of academic correctness, with special reference to the issue of plagiarism; and the panoply of different approaches to the study of law displayed in contemporary legal literature. The clinic adopts a broad conception of legal research that is neither that of conventional black-letter or narrow doctrinal analysis nor that of certain interdisciplinary approaches that tend to colonize law through a different discipline. The focus will be on research that aims to understand one or more of the various different dimensions of law.

Legal Writing  An effective lawyer must master the art of persuasive legal writing. The ability to write convincingly can be crucial to win a case. The purpose of this seminar is to sharpen that ability, in particular - but not exclusively - with an eye to proceedings before the Court of Justice and the General Court of the European Union. Through practical exercises and real-life examples, you will develop your legal writing skills, from collecting your thoughts and planning your work, to structuring, framing and presenting your argument. Most importantly, you will learn how to tailor your argument to your audience: the judges.

Negotiation  This 12 hours clinic is an introduction to the theory and practice of negotiation. Built around three tensions of negotiation, it draws on the format of the famous Winter Term Negotiation Workshop at Harvard Law School. The first class deals with the tension between distributing value and the creation of value. The second day is focused around the tension between empathy and assertiveness, including active listening. An important dilemma for all lawyers and attorneys is the principal - agent tension, which is discussed the final day. The clinic offers a balanced mix between theoretical discussions and practical exercises. It is a hands on course, requiring students to prepare readings and cases in advance, and to write three journals, one for every course day. Therefore, students must attend all classes and be on time. The teaching includes Harvard PON case simulations, videos, several actual negotiations by students, individual feedback, collective debriefings and review discussions. This clinic is an interactive learning experience, a constant process of give and take, not only among the students but also between students and instructor.