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International Asset Recovery

Course Objectives

The primary goal of this course is to better acquaint the students with the legal framework of recognition and enforcement of judgments in various jurisdictions, methods of asset recovery, and the challenges to enforcement of, and collection on, the judgments. The course will be taught primarily through discussion of international conventions and their application in particular jurisdictions, case law, and the study of practical examples. Guest speakers (such as lawyers and asset tracing specialists) will be invited to participate in order to share their practical knowledge and insights.

In their course papers, students will consider major issues relating to cross-border enforcement and asset recovery.

COURSE MATERIALS:

There is no textbook for this course. All readings required for each class will be posted on Moodle in advance. The students are expected to read all the materials marked "R" (for Required) and be familiar with relevant statutes provided under the Statutory Supplement caption and marked "S". The materials marked "O" (for Optional) are provided to expand your knowledge of the subject matter and are not required to complete the course.

GRADING SYSTEM: 100 points

Class Participation – 10 points

Mid-Term Exam – 30 points

Final Exam – 60 points

CLASS PARTICIPATION:

We will be using a modified version of the Socratic method throughout the course. Therefore, your contribution to the classroom discussion is an essential part of the learning process for all students. For these reasons, regular attendance and active class participation are mandatory. Maximum credit willonly be given for punctual (students must arrive not more than 10 minutes late to receive full credit), prepared and active participation in each class. For each class, you will be expected to have read the assigned materials and be prepared to discuss the issues raised in the assigned materials.

Attendance of at least 3/4 of all class meetings (i.e., 9 classes) is required; any additional missed classes up to 5 total missed classes will require either (i) a lowered grade for the course or (ii) the timely completion of make-up assignments in order to pass the course.

MID-TERM EXAM:

The mid-term exam will be an open book, take home exam. It will count for 30% of your total grade. The exam will be a paper similar to what the students may expect for the final exam, which will involve “issue spotting” and some objective questions.

FINAL EXAM:

A final exam will be provided at the end of the course and will count for 60% of your total grade. The final exam will be a paper, which will involve “issue spotting” and some objective questions. It will take place during the regular exam period at the end of the semester. The exam will be an open book, take home exam which must be completed within a fixed period of time.

Tentative Schedule of Classes (actual class content may be adjusted as the course goes on)
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