Private International Law

Choose a legal issue that was the subject of a lecture/ reading (for example, contracts, intellectual property, negligence, or private international law), and prepare a 1,000-2,000 word research paper that examines its practical impact on a multinational business (for example, an international contract law lawsuit; the valuation of the intellectual property portfolio of a pharma giant; an employment law dispute over workplace discrimination).

Ensure you include discussion of the following required elements:

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Your thesis: introduce and close your paper with an insightful conclusion you have reached based on your research.

Legal context:  state clearly which specific legal issue you will discuss (for example, contracts, workplace discrimination, trade law, or immigration).

Business relevance: the business context in which you will discuss this issue (for example, a specific lawsuit; a decision by a judicial body such as the World Trade Organization; or a legal campaign by a civil society group such as Human Rights Watch, Global March Against Child Labor, or the World Wide Fund for Nature).

Business analysis of the legal issues involved: revenues affected, costs from the legal action and business outcome.

Other business issues: for example, public relations concerns, impact on employees, community impact in the places where the company operates, and any other issues you think relevant.

Continuing challenges: what ongoing issues does your chosen company face and what potential solutions can you identify?

Example research paper topics

You can write on any of these, or propose your own topic to me for approval:

Contracts

Corporate contract law dispute. For example, Baily, A. (2021, April 10). Walmart ordered to pay $115 million for breach of contract, stealing trade secrets. ArkansasTimes.com (Links to an external site.)

Corporations

Incorporation in low tax jurisdictions. For example, Carden, D. (2020, July 16). To Pay for the Pandemic, Dry Out the Tax Havens: Corporations and the wealthy have stashed away as much as $36 trillion in untaxed money. It’s time to bring the hammer down. ForeignPolicy (Links to an external site.).

Intellectual Property

Mattel’s 2008 lawsuit against MGA for copying Barbie dolls with its Bratz line: Mattel Inc. v. MGA Entertainment Inc (Links to an external site.). See Lepore, J. (2018, January 22). When Barbie Went to War with Bratz: How a legal battle over intellectual property exposed a cultural battle over sex, gender roles, and the workplace. NewYorker.com (Links to an external site.).
U.S. Supreme Court decision in 1994 finding that 2 Live Crew did not violate copyright with their song “Pretty Woman.” Campbell v. Acuff-Rose Music, Inc. (Links to an external site.)
London court’s 2006 decision that The Da Vinci Code book by Dan Brown did not violate the copyright of The Holy Blood and the Holy Grail (an earlier book on a related subject). Michael Baigent and Richard Leigh v. The Random House Group Limited (Links to an external site.).  See The Guardian (2007, March 28): Authors lose appeal over Da Vinci Code plagiarism. TheGuardian.com (Links to an external site.).
U.S. court decision in 2008 that Napster violated record label copyrights, which forced the company to cease operations. A&M Records, Inc. v. Napster Inc. (Links to an external site.)
Reuters (2021, April 6): Nike wins halt to sales of Lil Nas X ‘Satan Shoes.’ CNBC (Links to an external site.).
Constitutional Law

A U.S. government action. For example, President Trump’s Executive Order (Links to an external site.) requiring ByteDance to sell TikTok or have it banned from use in the United States, and its continuing repercussions (Links to an external site.).

Employment Law

Workplace sexual harassment. For example:

Reeves v. Robinson Worldwide, Inc. (Links to an external site.): 2008 U.S. 11th Circuit Court of Appeal’s decision about daily exposure to offensive language and radio programming.
Burlington Northern & Santa Fe Railway Co. v. White (Links to an external site.): 2006 U.S. Supreme Course decision about retaliation claims for workplace sexual harassment.
Investigation finds Utah County clerk/auditor sexually harassed employee, violating policy (Links to an external site.): 2021 Utah case about employer sexual harassment (additional report about the same case: Utah County clerk/auditor called employee her ‘gay democratic assistant,’ according to harassment investigation (Links to an external site.)).
Criminal Law/ Negligence

A negligence case. For example, Redden, E. (2021, March 19). Dream Derailed Leads to Lawsuit Against Berkeley: A former international student has filed suit claiming the university’s international student advising office misinformed him of a deadline to apply for authorization to work in the U.S. InsideHigherEd.com (Links to an external site.).

International Law

A global social justice campaign. For example, IKEA and Save the Children (Links to an external site.).

Trade

A national trade dispute. For example, the EU’s decision to impose tariffs on Chinese aluminium (Links to an external site.).

World Trade Organization matter. For example, negotiations over fishing subsidies (Links to an external site.).

Immigration

National immigration policy. For example, in the U.S.: Krogstad, J. M. and Gonzalez-Barrera, A. (2021, March 22): Key facts about U.S. immigration policies and Biden’s proposed changes. PewResearch.org. (Links to an external site.)

Consumer Protection

A consumer protection lawsuit. For example, Stop Lying’: Muslim Rights Group Sues Facebook Over Claims It Removes Hate Groups. (Links to an external site.)

Taxation

Global tax havens and banking secrecy. For example, the case of Bradley Birkenfeld (Links to an external site.).  See Javers, E (2015, April 30): Why did the US pay this former Swiss banker $104M? CNBC.com (Links to an external site.).

Rubric
Analytic Writing Assignment
Analytic Writing Assignment
Criteria    Ratings    Pts
This criterion is linked to a Learning OutcomeThesis/Main Idea
25 pts
Excellent
Clearly presents a main idea appropriate to the topic/assignment and supports it throughout the paper.
13 pts
Good
There is a main idea appropriate to the topic/assignment and it is supported throughout most of the paper.
7 pts
Satisfactory
There is a main idea that is sufficiently well connected to the topic/assignment, but it is only weakly supported throughout the paper.
3 pts
Inadequate
There is a vague sense of a main idea or the main idea is not connected to the topic/assignment and/or it is weakly supported throughout the paper.
0 pts
Unacceptable
No main idea.
25 pts
This criterion is linked to a Learning OutcomeContent
25 pts
Excellent
Exceptionally well presented and argued. Ideas are detailed, well developed, and supported with specific evidence and facts, as well as examples and specific details.
13 pts
Good
Well-presented and argued. Ideas are detailed, developed and supported with evidence and details, mostly specific.
7 pts
Satisfactory
Content is generally sound. Ideas are present but not particularly developed or supported. The analysis uses some evidence, but it is usually of a generalized nature.
3 pts
Inadequate
Content is confusing and/or difficult to follow. Ideas are unclear and undersupported. The analysis is based on little to no evidence.
0 pts
Unacceptable
Content is poorly conceived and/or impossible to follow.
25 pts
This criterion is linked to a Learning OutcomeResearch
25 pts
Excellent
Uses appropriate academic resources. Sources are exceptionally well integrated and they support claims argued in the paper very effectively. References are appropriately cited In APA style.
13 pts
Good
Uses appropriate academic resources. Sources are well integrated and support the paper’s claims.
7 pts
Satisfactory
Some references used in the paper may not qualify as appropriate academic resources. Sources support some claims made in the paper but might not be well-integrated within the paper’s argument.
3 pts
Inadequate
The paper does not use adequate research or if it does, the sources are not well-integrated.
0 pts
Unacceptable
Little to no research content.
25 pts
This criterion is linked to a Learning OutcomeQuality of writing and organization
25 pts
Excellent
Writing is clear, concise, and unambiguous. Organization is careful and logical. Essay is generally free of spelling and grammar errors.
13 pts
Good
Writing is generally clear, with some minor problems. Essay is generally well-organized with room for improvement. There are occasional errors in grammar or spelling.
7 pts
Satisfactory
Writing is often unclear and may sometimes impede understanding. Essay is disorganized and lacks structure. There are repeated spelling and grammar mistakes.
3 pts
Inadequate
Quality of writing impedes understanding. Essay is incoherent. There are grammar and spelling mistakes throughout. Overall tone may be careless or inappropriate.
0 pts
Unacceptable
Quality of writing prohibits understanding.
25 pts
Total Points: 100

For more information on Private International Law read this:https://en.wikipedia.org/wiki/International_law

Private International Law

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