master of law dissertation

HLS Dissertations, Theses, and JD Papers

S.j.d. dissertations, ll.m. papers, ll.m. theses, j.d. papers, submitting your paper to an online collection, other sources for student papers beyond harvard, getting help, introduction.

This is a guide to finding Harvard Law School (“HLS”) student-authored works held by the Library and in online collections. This guide covers HLS S.J.D Dissertations, LL.M. papers, J.D. third-year papers, seminar papers, and prize papers.

There have been changes in the HLS degree requirements for written work. The library’s collection practices and catalog descriptions for these works has varied. Please note that there are gaps in the library’s collection and for J.D. papers, few of these works are being collected any longer.

If we have an S.J.D. dissertation or LL.M. thesis, we have two copies. One is kept in the general collection and one in the Red Set, an archival collection of works authored by HLS affiliates. If we have a J.D. paper, we have only one copy, kept in the Red Set. Red Set copies are last resort copies available only by advance appointment in Historical and Special Collections .

Some papers have not been processed by library staff. If HOLLIS indicates a paper is “ordered-received” please use this form to have library processing completed.

The HLS Doctor of Juridical Science (“S.J.D.”) program began in 1910.  The library collection of these works is not comprehensive. Exceptions are usually due to scholars’ requests to withhold Library deposit. 

• HLS S.J.D. Dissertations in HOLLIS To refine these search results by topic or faculty advisor, or limit by date, click Add a New Line.
• Hein’s Legal Theses and Dissertations Microfiche Mic K556.H45x Drawers 947-949 This microfiche set includes legal theses and dissertations from HLS and other premier law schools. It currently includes about 300 HLS dissertations and theses.
• Hein's Legal Theses and Dissertations Contents List This content list is in order by school only, not by date, subject or author. It references microfiche numbers within the set housed in the Microforms room on the entry level of the library, drawers 947-949. The fiche are a different color for each institution.
• ProQuest Dissertations and Theses @ Harvard University (Harvard login) Copy this search syntax: dg(S.J.D.) You will find about 130 SJD Dissertations dated from 1972 to 2004. They are not available in full text.
• DASH Digital Access to Scholarship at Harvard Sponsored by Harvard University’s Office for Scholarly Communication, DASH is an open repository for research papers by members of the Harvard community. There are currently about 600 HLS student papers included. Unfortunately it is not possible to search by type of paper or degree awarded.

The Master of Laws (“LL.M.”) degree has been awarded since 1923. Originally, the degree required completion of a major research paper, akin to a thesis. Since 1993, most students have the option of writing the LL.M. "short paper."  This is a 25-page (or longer) paper advised by a faculty supervisor or completed in conjunction with a seminar.  Fewer LL.M. candidates continue to write the more extensive "long-paper." LL.M. candidates holding J.D.s from the U.S. must write the long paper.

• HLS Written Work Requirements for LL.M. Degree The current explanation of the LL.M. written work requirement for the master of laws.

The library generally holds HLS LL.M. long papers and short papers. In recent years, we require author release in order to do so. In HOLLIS, no distinction is made between types of written work created in satisfaction of the LL.M. degree; all are described as LL.M. thesis. Though we describe them as thesis, the law school refers to them solely as papers or in earlier years, essays. HOLLIS records indicate the number of pages, so at the record level, it is possible to distinguish long papers.

• HLS LL.M. Papers in HOLLIS To refine these search results by topic, faculty advisor, seminar or date, click Add a New Line.

HLS LL.M. Papers are sometimes available in DASH and Hein's Legal Dissertations and Theses. See descriptions above .

The HLS J.D. written work requirement has changed over time. The degree formerly required a substantial research paper comparable in scope to a law review article written under faculty supervision, the "third year paper." Since 2008, J.D. students have the option of using two shorter works instead.

Of all those written, the library holds relatively few third-year papers. They were not actively collected but accepted by submission from faculty advisors who deemed a paper worthy of institutional retention. The papers are described in HOLLIS as third year papers, seminar papers, and student papers. Sometimes this distinction was valid, but not always. The faculty deposit tradition more or less ended in 2006, though the possibility of deposit still exists. 

• J.D. Written Work Requirement
• Faculty Deposit of Student Papers with the Library

HLS Third Year Papers in HOLLIS

To refine these search results by topic, faculty advisor, seminar or date, click Add a New Line.

• HLS Student Papers Some third-year papers and LL.M. papers were described in HOLLIS simply as student papers. To refine these search results, click "Add a New Line" and add topic, faculty advisor, or course title.
• HLS Seminar Papers Note that these include legal research pathfinders produced for the Advanced Legal Research course when taught by Virginia Wise.

Prize Papers

HLS has many endowed prizes for student papers and essays. There are currently 16 different writing prizes. See this complete descriptive list with links to lists of winners from 2009 to present. Note that there is not always a winner each year for each award. Prize winners are announced each year in the commencement pamphlet.

The Library has not specifically collected prize papers over the years but has added copies when possible. The HOLLIS record for the paper will usually indicate its status as a prize paper. The most recent prize paper was added to the collection in 2006.

Addison Brown Prize Animal Law & Policy Program Writing Prize Victor Brudney Prize Davis Polk Legal Profession Paper Prize Roger Fisher and Frank E.A. Sander Prize Yong K. Kim ’95 Memorial Prize Islamic Legal Studies Program Prize on Islamic Law Laylin Prize LGBTQ Writing Prize Mancini Prize Irving Oberman Memorial Awards John M. Olin Prize in Law and Economics Project on the Foundations of Private Law Prize Sidney I. Roberts Prize Fund Klemens von Klemperer Prize Stephen L. Werner Prize

• Harvard Law School Prize Essays (1850-1868) A historical collection of handwritten prize essays covering the range of topics covered at that time. See this finding aid for a collection description.

The following information about online repositories is not a recommendation or endorsement to participate.

• ProQuest Dissertations and Theses HLS is not an institutional participant to this collection. If you are interested in submitting your work, refer to these instructions and note that there is a fee required, which varies depending on the format of submission.
• EBSCO Open Dissertations Relatively new, this is an open repository of metadata for dissertations. It is an outgrowth of the index American Doctoral Dissertations. The aim is to cover 1933 to present and, for modern works, to link to full text available in institutional repositories. Harvard is not one of the institutional participants.
• DASH Digital Access to Scholarship at Harvard

Sponsored by Harvard University’s Office for Scholarly Communication, this is an open repository for research papers by members of the Harvard community. See more information about the project. 

Some HLS students have submitted their degree paper to DASH.  If you would like to submit your paper, you may use this authorization form  or contact June Casey , Librarian for Open Access Initiatives and Scholarly Communication at Harvard Law School.

• ProQuest Dissertations and Theses (Harvard Login) Covers dissertations and masters' theses from North American graduate schools and many worldwide. Provides full text for many since the 1990s and has descriptive data for older works.
• NDLTD Networked Digital Library of Theses and Dissertations Union Catalog Worldwide in scope, NDLTD contains millions of records of electronic theses and dissertations from the early 1900s to the present.
• Law Commons of the Digital Commons Network The Law Commons has dissertations and theses, as well as many other types of scholarly research such as book chapters and conference proceedings. They aim to collect free, full-text scholarly work from hundreds of academic institutions worldwide.
• EBSCO Open Dissertations Doctoral dissertations from many institutions. Free, open repository.
• Dissertations from Center for Research Libraries Dissertations found in this resource are available to the Harvard University Community through Interlibrary Loan.
• British Library EThOS Dissertation source from the British Library listing doctoral theses awarded in the UK. Some available for immediate download and some others may be requested for scanning.
• BASE from Bielefeld University Library Index of the open repositoris of most academic institutions. Includes many types of documents including doctoral and masters theses.

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• Last Updated: Sep 12, 2023 10:46 AM
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Legal Dissertation: Research and Writing Guide

About this guide, video on choosing a topic, tools on westlaw, lexis and bloomberg, circuit splits, research methodologies, additional methodology resources, conducting a literature review, beginning research, writing style guides, citation guides, ask a librarian.

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About This Page

Choosing a topic can be one of the most challenging aspects of writing an extensive paper. This page has resources to help you find topics and inspiration, before you get started on the in-depth research process.

Related Guides

Citation and Writing Resources

Legal Research Tutorials

Secondary Sources for Legal Research

Methods of Finding Cases

Methods of Finding Statutes

Current Awareness and Alerting Resources

Compiling State Legislative Histories

Locating International and Foreign Law Journals

This guide contains resources to help students researching and writing a legal dissertation or other upper-level writing project. Some of the resources in this guide are directed at researching and writing in general, not specifically on legal topics, but the strategies and tips can still be applied.

The Law Library maintains a number of other guides on related skills and topics that may be of interest:

The Wells Library also maintains guides. A few that may be helpful for managing research can be found here:

Choosing a Topic

This video discusses tips and strategies for choosing a dissertation topic.

Note: this video is not specific to legal dissertation topics, but it may still be of interest as an overview generally.

The Bloomberg/BNA publication United States Law Week can be a helpful resource for tracking down the major legal stories of the day.  Log into Bloomberg Law, in the big search box, start typing United States Law Week and the title will appear in the drop down menu beneath the box. This publication provides coverage of top legal news stories, and in-depth "insight" features.

If you have a general idea of the area of law you wish to write about, check out the Practice Centers on Bloomberg. From the homepage, click the Browse link in the top left-hand corner. Then select Practice Centers and look for your area of law. Practice Centers are helpful because they gather cases, statutes, administrative proceedings, news, and more on the selected legal area.

Bloomberg has other news sources available as well. From the homepage, click the Browse link in the top left-hand corner. Then select News and Analysis, then select News or Analysis, and browse the available topics.

If you know what area of law you'd like to write about, you may find the Browse Topics feature in Lexis Advance helpful for narrowing down your topic. 

Log into Lexis Advance, click the Browse Topics tab, and select a topic.  If you don't see your topic listed, try using the provided search bar to see whether your topic is categorized as a sub-topic within this list. 

Once you click on a topic, a box pops up with several options.  If you click on Get Topic Document, you'll see results listed in a number of categories, including Cases, Legislation, and more.  The News and Legal News categories at the right end of the list may help you identify current developments of interest for your note.  Don't forget about the filtering options on the left that will allow you to search within your results, narrow your jurisdiction, and more.

Similar to Lexis Advance, Westlaw Edge has a Topics tab that may be helpful if you know what area of law you'd like to write about.

Log onto Westlaw Edge, and click on the Topics tab.  This time, you won't be able to search within this list, so if you're area is not listed, you should either run a regular search from the main search bar at the top or try out some of the topics listed under this tab - once you click on a topic, you can search within its contents.

What is great about the Topics in Westlaw Edge is the Practitioner Insights page you access by clicking on a topic.  This is an information portal that allows you quick access to cases, legislation, top news, and more on your selected topic.

In United States federal courts, a circuit split occurs whenever two or more circuit courts of appeals issue conflicting rulings on the same legal question. Circuit splits are ripe for legal analysis and commentary because they present a situation in which federal law is being applied in different ways in different parts of the country, even if the underlying litigants themselves are otherwise similarly situated. The Supreme Court also frequently accepts cases on appeal that involve these types of conflicted rulings from various sister circuits.

To find a circuit split on a topic of interest to you, try searching on Lexis and Westlaw using this method:

in the search box, enter the following: (circuit or court w/s split) AND [insert terms or phrases to narrow the search]

You can also browse for circuit splits on Bloomberg. On the Bloomberg homepage, in the "Law School Success" box, Circuit Splits Charts appear listed under Secondary Sources.

Other sources for circuit splits are American Law Reports (ALR) and American Jurisprudence (AmJur). These publications provide summaries of the law, point out circuit splits, and provide references for further research.

"Blawgs" or law-related blogs are often written by scholars or practitioners in the legal field.  Ordinarily covering current events and developments in law, these posts can provide inspiration for note topics.  To help you find blawgs on a specific topic, consider perusing the ABA's Blawg Directory or Justia's Blawg Search .

Research Methodology

Types of research methodologies.

There are different types of research methodologies. Methodology refers to the strategy employed in conducting research. The following methodologies are some of the most commonly used in legal and social science research.

Doctrinal legal research methodology, also called "black letter" methodology, focuses on the letter of the law rather than the law in action. Using this method, a researcher composes a descriptive and detailed analysis of legal rules found in primary sources (cases, statutes, or regulations). The purpose of this method is to gather, organize, and describe the law; provide commentary on the sources used; then, identify and describe the underlying theme or system and how each source of law is connected.

Doctrinal methodology is good for areas of law that are largely black letter law, such as contract or property law. Under this approach, the researcher conducts a critical, qualitative analysis of legal materials to support a hypothesis. The researcher must identify specific legal rules, then discuss the legal meaning of the rule, its underlying principles, and decision-making under the rule (whether cases interpreting the rule fit together in a coherent system or not). The researcher must also identify ambiguities and criticisms of the law, and offer solutions. Sources of data in doctrinal research include the rule itself, cases generated under the rule, legislative history where applicable, and commentaries and literature on the rule.

This approach is beneficial by providing a solid structure for crafting a thesis, organizing the paper, and enabling a thorough definition and explanation of the rule. The drawbacks of this approach are that it may be too formalistic, and may lead to oversimplifying the legal doctrine.

Comparative

Comparative legal research methodology involves critical analysis of different bodies of law to examine how the outcome of a legal issue could be different under each set of laws. Comparisons could be made between different jurisdictions, such as comparing analysis of a legal issue under American law and the laws of another country, or researchers may conduct historical comparisons.

When using a comparative approach be sure to define the reasons for choosing this approach, and identify the benefits of comparing laws from different jurisdictions or time periods, such as finding common ground or determining best practices and solutions. The comparative method can be used by a researcher to better understand their home jurisdiction by analyzing how other jurisdictions handle the same issue. This method can also be used as a critical analytical tool to distinguish particular features of a law. The drawback of this method is that it can be difficult to find material from other jurisdictions. Also, researchers should be sure that the comparisons are relevant to the thesis and not just used for description.

This type of research uses data analysis to study legal systems. A detailed guide on empirical methods can be found here . The process of empirical research involves four steps: design the project, collect and code the data, analyze the data, determine best method of presenting the results. The first step, designing the project, is when researchers define their hypothesis and concepts in concrete terms that can be observed. Next, researchers must collect and code the data by determining the possible sources of information and available collection methods, and then putting the data into a format that can be analyzed. When researchers analyze the data, they are comparing the data to their hypothesis. If the overlap between the two is significant, then their hypothesis is confirmed, but if there is little to no overlap, then their hypothesis is incorrect. Analysis involves summarizing the data and drawing inferences. There are two types of statistical inference in empirical research, descriptive and causal. Descriptive inference is close to summary, but the researcher uses the known data from the sample to draw conclusions about the whole population. Causal inference is the difference between two descriptive inferences.

Two main types of empirical legal research are qualitative and quantitative.

Quantitative, or numerical, empirical legal research involves taking information about cases and courts, translating that information into numbers, and then analyzing those numbers with statistical tools.

Qualitative, or non-numerical, empirical legal research involves extracting  information from the text of court documents, then interpreting and organizing the text into categories, and using that information to identify patterns.

Drafting The Methodology Section

This is the part of your paper that describes the research methodology, or methodologies if you used more than one. This section will contain a detailed description of how the research was conducted and why it was conducted in that way. First, draft an outline of what you must include in this section and gather the information needed.

Generally, a methodology section will contain the following:

• Statement of research objectives
• Reasons for the research methodology used
• Description and rationale of the data collection tools, sampling techniques, and data sources used, including a description of how the data collection tools were administered
• Discussion of the limitations
• Discussion of the data analysis tools used

Be sure that you have clearly defined the reasoning behind the chosen methodology and sources.

• Legal Reasoning, Research, and Writing for International Graduate Students Nadia E. Nedzel Aspen (2004) A guide to American legal research and the federal system, written for international students. Includes information on the research process, and tips for writing. Located in the Law Library, 3rd Floor: KF 240 .N43 2004.
• Methodologies of Legal Research: Which Kind of Method for What Kind of Discipline? Mark van Hoecke Oxford (2013) This book examines different methods of legal research including doctrinal, comparative, and interdisciplinary. Located at Lilly Law Library, Indianapolis, 2nd Floor: K 235 .M476 2013. IU students may request item via IUCAT.
• An Introduction to Empirical Legal Research Lee Epstein and Andrew D. Martin Oxford University Press (2014) This book includes information on designing research, collecting and coding data, analyzing data, and drafting the final paper. Located at Lilly Law Library, Indianapolis, 2nd Floor: K 85 .E678 2014. IU students may request item via IUCAT.
• Emplirical Legal Studies Blog The ELS blog was created by several law professors, and focuses on using empirical methods in legal research, theory, and scholarship. Search or browse the blog to find entries on methodology, data sources, software, and other tips and techniques.

Literature Review

The literature review provides an examination of existing pieces of research, and serves as a foundation for further research. It allows the researcher to critically evaluate existing scholarship and research practices, and puts the new thesis in context. When conducting a literature review, one should consider the following: who are the leading scholars in the subject area; what has been published on the subject; what factors or subtopics have these scholars identified as important for further examination; what research methods have others used; what were the pros and cons of using those methods; what other theories have been explored.

The literature review should include a description of coverage. The researcher should describe what material was selected and why, and how those selections are relevant to the thesis. Discuss what has been written on the topic and where the thesis fits in the context of existing scholarship. The researcher should evaluate the sources and methodologies used by other researchers, and describe how the thesis different.

The following video gives an overview of conducting a literature review.

Note: this video is not specific to legal literature, however it may be helpful as a general overview.

Not sure where to start? Here are a few suggestions for digging into sources once you have selected a topic.

Research Guides

Research guides are discovery tools, or gateways of information. They pull together lists of sources on a topic. Some guides even offer brief overviews and additional research steps specifically for that topic. Many law libraries offer guides on a variety of subjects. You can locate guides by visiting library websites, such as this Library's site , the Law Library of Congress , or other schools like Georgetown . Some organizations also compile research guides, such as the American Society of International Law . Utilizing a research guide on your topic to generate an introductory source list can save you valuable time.

Secondary Sources

It is often a good idea to begin research with secondary sources. These resources summarize, explain, and analyze the law. They also provide references to primary sources and other secondary sources. This saves you time and effort, and can help you quickly identify major themes under your topic and help you place your thesis in context.

Encyclopedias provide broad coverage of all areas of the law, but do not go in-depth on narrow topics, or discuss differences by jurisdiction, or  include all of the pertinent cases. American Jurisprudence ( AmJur ) and Corpus Juris Secundum ( CJS ) have nationwide coverage, while the Indiana Law Encyclopedia focuses on Indiana state law. A number of other states also have their own state-specific encyclopedias.

American Law Reports ( ALR ) are annotations that synopsize various cases on narrow legal topics. Each annotation covers a different topic, and provides a leading or typical case on the topic, plus cases from different jurisdictions that follow different rules, or cases where different facts applying the same rule led to different outcomes. The annotations also refer to other secondary sources.  

Legal periodicals include several different types of publications such as law reviews from academic institutions or organizations, bar journals, and commercial journals/newspapers/newsletters. Legal periodicals feature articles that describe the current state of the law and often explore underlying policies. They also critique laws, court decisions, and policies, and often advocate for changes. Articles also discuss emerging issues and notify the profession of new developments. Law reviews can be useful for in-depth coverage on narrow topics, and references to primary and other secondary sources. However, content can become outdated and researchers must be mindful of biases in articles. 

Treatises/Hornbooks/Practice Guides are a type of secondary source that provides comprehensive coverage of a legal subject. It could be broad, such as a treatise covering all of contract law, or very narrow such as a treatise focused only on search and seizure cases. These sources are good when you have some general background on the topic, but you need more in-depth coverage of the legal rules and policies. Treatises are generally well organized, and provide you with finding aids (index, table of contents, etc.) and extensive footnotes or endnotes that will lead you to primary sources like cases, statutes, and regulations. They may also include appendices with supporting material like forms. However, treatises may not be updated as frequently as other sources and may not cover your specific issue or jurisdiction.

Citation and Writing Style

• Legal Writing in Plain English Bryan A. Garner University of Chicago Press, 2001. Call # KF 250 .G373 2001 Location: Law Library, 3rd Floor Provides lawyers, judges, paralegals, law students, and legal scholars with sound advice and practical tools for improving their written work. The leading guide to clear writing in the field, this book offers valuable insights into the writing process: how to organize ideas, create and refine prose, and improve editing skills. This guide uses real-life writing samples that Garner has gathered through decades of teaching experience. Includes sets of basic, intermediate, and advanced exercises in each section.
• The Elements of Legal Style Bryan A. Garner Oxford University Press, 2002. Call # KF 250 .G37 2002 Location: Law Library, 1st Floor, Reference This book explains the full range of what legal writers need to know: mechanics, word choice, structure, and rhetoric, as well as all the special conventions that legal writers should follow in using headings, defined terms, quotations, and many other devices. Garner also provides examples from highly regarded legal writers, including Oliver Wendell Holmes, Clarence Darrow, Frank Easterbrook, and Antonin Scalia.
• Grammarly Blog Blog featuring helpful information about quirks of the English language, for example when to use "affect" or "effect" and other tips. Use the search feature to locate an article relevant to your grammar query.
• Plain English for Lawyers Richard C. Wydick Carolina Academic Press, 2005. Call # KF 250 .W9 2005 Location: Law Library, 3rd Floor Award-winning book that contains guidance to improve the writing of lawyers and law students and to promote the modern trend toward a clear, plain style of legal writing. Includes exercises at the end of each chapter.
• The Chicago Manual of Style University of Chicago Press, 2010. Call # Z 253 .U69 2010 Location: Law Library, 2nd Floor While not addressing legal writing specifically, The Chicago Manual of Style is one of the most widely used and respected style guides in the United States. It focuses on American English and deals with aspects of editorial practice, including grammar and usage, as well as document preparation and formatting.
• The Chicago Manual of Style (Online) Bryan A. Garner and William S. Strong The University of Chicago Press, 2017. Online edition: use the link above to view record in IUCAT, then click the Access link (for IU students only).
• The Bluebook Compiled by the editors of the Columbia Law Review, the Harvard Law Review, the University of Pennsylvania Law Review, and the Yale Law Journal. Harvard Law Review Association, 2015. Call # KF245 .B58 2015 Location: Law Library, 1st Floor, Circulation Desk The Bluebook: A Uniform System of Citation is a style guide that prescribes the most widely used legal citation system in the United States. The Bluebook is taught and used at a majority of U.S. law schools, law reviews and journals, and used in a majority of U.S. federal courts.
• User's Guide to the Bluebook Alan L. Dworsky William S. Hein & Co., Inc., 2015. Call # KF 245 .D853 2015 Location: Law Library, Circulation Desk "This User's Guide is written for practitioners (law students, law clerks, lawyers, legal secretaries and paralegals), and is designed to make the task of mastering citation form as easy and painless as possible. To help alleviate the obstacles faced when using proper citation form, this text is set up as a how-to manual with a step-by-step approach to learning the basic skills of citation and includes the numbers of the relevant Bluebook rules under most chapter subheadings for easy reference when more information is needed"--Provided by the publisher.
• Legal Citation in a Nutshell Larry L. Teply West Academic Publishing, 2016. Call # KF 245 .T47 2016 Location: Law Library, 1st Floor, Circulation Desk This book is designed to ease the task of learning legal citation. It initially focuses on conventions that underlie all accepted forms and systems of legal citation. Building on that understanding and an explanation of the “process” of using citations in legal writing, the book then discusses and illustrates the basic rules.
• Introduction to Basic Legal Citation (Online) Peter W. Martin Cornell Legal Information Institute, 2017. Free online resource. Includes a thorough review of the relevant rules of appellate practice of federal and state courts. It takes account of the latest edition of The Bluebook, published in 2015, and provides a correlation table between this free online citation guide and the Bluebook.
• Last Updated: Oct 24, 2019 11:00 AM
• URL: https://law.indiana.libguides.com/dissertationguide

Stanford Law School's Theses and Dissertations Collection

• Early Thesis and Dissertation of Stanford Law School, 1929 to 1956
• Theses and Dissertations of Stanford Law School,1970-1995
• Stanford Program in International Legal Studies’ Theses, 1996 to 2010
• Stanford Law School’s Dissertations, 1996 to 2010
• Stanford Program in International Legal Studies Theses, 2011 to 2025

Collection Description

This collection contains Stanford Law School Students’ theses and dissertations written to fulfill the academic requirements for advanced degrees.   Historically, the collection of Theses and Dissertations were produced as part of the requirement coursework for receiving a Master of Laws (1933-1969), a Juris Doctor (1906-1932), or a Doctor of Jurisprudence.  

Currently, works received from students are produced under two different graduate programs.  Thesis are works were produced as part of the requirement for the Stanford Program in International Legal Studies (SPILS). SPILS was established in 1995 by Professors Lawrence Friedman and Thomas C. Heller, to educate international students, lawyers, judges, public officials, and other professionals trained in the study of law outside the United States.  Students in the SPILS Program are required to do interdisciplinary research that affects the global community.  The culmination of this program is a research project that each individual student develops over the course of the year under a faculty advisor, after which the earns a Master of the Science of Law degree.  The research project must demonstrate the student's ability to employ empirical methods of investigation and must addresses issues in the international community or within a specific country.  These can cover a large range of topics that analyze legal cultures, legal reforms, or public policy.  

Dissertations are produced under Doctor of Science of Law program or JSD.  The JSD program as we know it was revised for the Doctor of Jurisprudence in 1969 is designed for students who are interested in pursuing an academic career. Doctor of Science of Law Students are selected from the Stanford Program in International Legal Studies and those who have a postgraduate degree in Legal Studies.

All materials in this collection were donated by individual authors to the Stanford Law Library's Special Collections.

Collection Identity Number: LAW-3781

Finding Aid prepared by

Robert Crown Law Library Stanford, CA 94305-8610 Phone: 650.723-2477

• Last Updated: Dec 18, 2023 9:02 AM
• URL: https://guides.law.stanford.edu/c.php?g=1087208

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Home > Student Works & Orgs > LLM Theses and Essays

LLM Theses and Essays

Submissions from 2013 2013.

Some Important Causes for Settlement in American Civil Litigation , Felipe Forte Cobo

Submissions from 2011 2011

TO REVEAL OR CONCEAL?—AN ISP’S DILEMMA, Presenting a New “Anonymous Public Concern Test” for Evaluating ISP Subpoenas in Online Defamation Suits , Cayce Myers

Submissions from 2008 2008

Infrastructure Development in Emerging Economies and the Roles Played by Multilateral Institutions , Amjad Ahasan Basheer

Universal Human Rights and Threat to International Peace and Security: The United Nations' Obligation to Intervene , Godfrey Mhlanga

Submissions from 2007 2007

Applicable Law Provisions in International Uniform Commercial Law Conventions , Paolo E. Conci

Licenses, Leases and Other Contractual Arrangements for the Exploration and Production of Petroleum A Comparative Study Between Nigeria and the United States , Omolara Elumelu

Judicial Review of International Commercial Arbitral Awards by National Courts in the United States and India , Aparna D. JUJJAVARAPU

Ethiopia's Sovereign Right of Access to the Sea under International Law , Abebe T. Kahsay

Comfort Women: Human Rights of Women from Then to Present , Jinyang Koh

Imports or Made-in-China: Comparison of Two Constitutional Cases in China and the United States , Xiao Li

Taxing Emotional Distress Recoveries: Does Murphy Show the Way? , Kaushal P. Mahaseth

The Land of the Free: Human Rights Violations at Immigration Detention Facilities in America , Caitlin J. Mitchel

International Legal Standards Governing the Use of Child Soldiers , Dorcas B. Mulira

Corporate Restrictions in Mexico and the United States , Dennis Rios

Regulating Transnational Corporation for Environmental Damage , Sonal Sahu

The Need for a Transnational Appellate Arbitral Review Body , Priya Sampath

A Consumption Tax versus a Federal Income Tax in the United States , Shelly-Ann R. Tomlinson

Financial Holding Company System and Relevant Legislation , Ye Wang

Submissions from 2006 2006

The Hamburg Rules , Kweku G. Ainuson

Tourism in Antarctica: History, Current Challenges and Proposals for Regulation , Juan Y. Harcha

Reconsidering the Medical Expert Witness System , Yunwei Jiang

A Comparative Study of the Legal Responses to Domestic Violence in the United States and Hungary , Adam Keri

Enforcement of Human Rights under Regional Mechanisms: a Comparative Analysis , Fekadeselassie F. Kidanemariam

Shareholders' Agreements in Close Corporations and Their Enforcement , Ricardo Molano Leon

A Comparative Study on the Trade Barriers Regulation and Foreign Trade Barriers Investigation Rules , Junrong Song

How to Deal with Multi-party Nominations of Arbitrators in International Commercial Arbitration - a Comparative Study of Appointment Procedures with Emphasis on U.S.-European Commerce between Private Entities , Marie-Beatrix Tupy

Balancing Regulations and Incentives for Foreign Direct Investment: a Case Study of Mexico and Kazakhstan , Dauren B. Tynybekov

Submissions from 2005 2005

The Legality of Humanitarian Intervention , Eric Adjei

A Comparative Assessment of U.S. Direct Investment in China and India , Kalpana Arjunan

Pre-contractual Obligations in France and the United States , Florence Caterini

Comparative Law: Alcohol, Drug Abuse & Jurisprudence from the United States to Korea , Hyun J. Cho

Commercial Speech in the United States and Europe , Oxana Valeryevna Gassy-Wright

Accountability of Transnational Corporations under International Standards , Lea Hanakova

Protection of "Persona" in the EU and in the US: a Comparative Analysis , Anna E. Helling

Income Tax Preferences to Foreign Investment in China since the Late 1970s , Xiaoyang Hou

Role of the World Bank and IMF in Issuing Loans to Russia: Responsibility, Tricks, Corruption, Mafia, and Important Use of Legal Enforcement , Elmira A. Makova

Governance and Responsibility of Multinational Enterprises: the Use of Codes of Conduct and Litigation to Change Multinational Enterprises' Behavior , Maria Fernanda Matach

Free Movement of Goods: a Comparative Analysis of the European Community Treaty and the North American Free Trade Agreement , Pedro A. Perichart

The Drafting Process For a Hague Convention on Jurisdiction and Judgements with Special Consideration of Intellectual Property and E-Commerce , Knut Woestehoff

The Drafting Process for a Hague Convention on Jurisdiction and Judgments with Special Consideration of Intellectual Property and E-commerce , Knut Woestehoff

Trade-related Environmental Measures and GATT: the Conflict between Trade Libralization and Environmental Protection , Fang Zheng

Submissions from 2004 2004

The Question of Non-trade Issues in the WTO from a Developing Country Perspective , Cecilia Alzamora

Cybercrime , Karissa Ayala

Protection of Children from Exploitation in West Africa: Illusion or Reality? , Afua Brown-Eyeson

Legal Structures of European Security and Defense Policy and War Powers under the U.S. Constitution , Heiko Buesing

U.S. Antidumping Law and Practices against Korean Exports , Jinwook Choi

Regulation of Hate Speech , Haiping Deng

The Institutional Framework of the European Union for the Conduct of Foreign Affairs , Frederic Eggermont

Comparison of New Zealand and United States Securities Markets through the Looking Glass of the Efficient Market Hypothesis , Carla Natalia Gargiulo

Private Party Participation in the World Trade Organizations , Taehyung Im

Issues Regarding the Most Effective Tool of U.S. Bankruptcy Law , Zeenat Kera

Contracts and Electronic Agents , Sabrina Kis

Historical Aspects of State Arbitration Policy , Elton R. Lanier

Regulating Non-territorial Commercial Environments in Territorial-based Legal Systems , Pedro Martin G. Less Andrade

Unilateral Refusals to Deal in Intellectual Property as Monopolistic Conduct , Bolanle Meshida

Comparative Analysis of Federal Income Tax Imposed on U.S. C Corporations and Russian Joint Stock Companies , Alina Y. Mitskevich

Legislation and Implementation of International Environmental Law by African Countries: a Case Study of Ghana , Brigitte L. Okley

The Challenges of Tax Collection in Developing Economies (with Special Reference to India) , Pramod K. Rai

Family Businesses, Choices of Legal Entity , Martina L. Rojo

Sound Record Producers' Rights and the Problem of Sound Recording Piracy , Stanislava N. Staykova

The Change of Corporate Governance Structure in the United States and Taiwan , Yifan Tseng

Fiduciary Duties of Directors in the Context of Going-private Transactions to the Minority Shareholders under Delaware Law , Yuan Wang

Recognition and Enforcement of International Commercial Arbitration Awards , Shouhua Yu

Submissions from 2003 2003

Interim Measures in International Commercial Arbitration: Past, Present and Future , Sandeep Adhipathi

Reservations, Human Rights Treaties in the 21st century: from Universality to Integrity , Pierrick Devidal

Technological Advances Leading to the Diminishing of Privacy Rights , Anabelle Maria D'Souza

Protection of Consumer Privacy in E-commerce , Choong L. Ha

Mergers and Acquisitions in Europe: Analysis of EC Competition Regulations , YoungJun Lee

Security Interests in Intellectual Property Rights: the Time Has Come for the Enactment of New Laws , Esteban Mazzucco

The Convergence of Trade and Environment and the Relative Role of WTO , Xiaoxi Meng

The Main Characteristics of State's Jurisdiction to Tax in International Dimension , Alfred Nizamiev

U.S. Foreign Direct Investment in Developing Countries: a Case Study of Malaysia, Mexico and South Africa , Abenaa A. Oti-Prempeh

Free movement of goods: A comparative analysis of the European community treaty and the north American free trade agreement , Pedro A. Perichart

A Historical View of Intellectual Property Rights in the Palestinian Territories , Ihab G. Samaan

Submissions from 2002 2002

An Analysis of the Duty to Negotiate in Good Faith: Precontractual Liability and Preliminary Agreement , Aarti Arunachalam

Multinational Corporations Facing the Varying Concepts of Jurisdiction : "forum non-conveniens", Contrasts between the Anglo-American and the European Law Systems , Sandrine Buttin

Minority Shareholders and Oppression in Close Corporations: Contracting as an Effective Protection Device , Marcella Machado Carneiro

Freedom of Speech, Cinema and Censorship: a Comparative Analysis of Issues of Freedom of Speech Violations as a Result of the Rating Regulation Authorities in the Motion Picture Industry in France and the United States , Stephanie Grenier

International Corporate Governance Practices and Their Implications on Investors , Namwandi Hamanyanga

Current Problems of International Taxation of Electronic Commerce , Nuran G. Kerimov

An End to the Political Question Doctrine in Korea?: A Comparative Analysis , Myeong-Sik Kim

The Evolution of the Law's Treatment of the Confessions of Mentally Disabled Criminal Suspects , John E. Knight

Public and Private Interests in Copyright Law: Creativity, Science and Democracy vs. Property and Market , Daryana I. Kotzeva

The Intra-enterprise Conspiracy Doctrine as Applied to Affiliated Corporations under Section 1 of the Sherman Act , Michael B. Menz

Privacy and Personal Data Protection in the Information Age: A Comparative Evaluation , Emeka B. Obasi

The Right to Freedom of Religion vis a vis Religious Intolerance in the New Millennium , Buihe P. Okenu

Conflict of Laws in the Enforcement of Foreign Awards and Foreign Judgments: the Public Policy Defense and Practice in U.S. Courts , Anupama Parameshwaran

Balancing Interests: Statute of Limitations and Repose in Medical Malpractice Cases , Laurie L. Paterson

A Comparison of Environmental Impact Assessment Process between the National Environmental Protection Act (NEPA) and the Basic Environmental Protection Act (BEPA) , V An Rhee

Offshore Investments , Ana Maura M. Safrin

Lawyers' Value in Mergers and Acquisitions under the New World of Multidisciplinary Practices , Yunling Wu

Submissions from 2001 2001

FAIR USE AND THE DIGITAL DISTRIBUTION OF MUSIC - RECORDING INDUSTRY ASSOCIATION OF AMERICA v. NAPSTER, INC. (A COMPARATIVE ANALYSIS OF A RESTRAINT ON COPYRIGHT IN THE UNITED STATES OF AMERICA AND TRINIDAD AND TOBAGO) , MICHELLE LISA ALEXANDER

THE IMPACT OF MODERNIZATION AND DEVELOPMENT ON MUSLIM WOMEN IN EGYPT: A LEGAL PERSPECTIVE , MAZAHIR MUHAMMED ATA EL-SID

David vs. Goliath (2001): An Analysis of the OECD Harmful Tax Competition Policy , Truman Butler

Transfer Pricing: A Comparative Study of the French and U.S. Legal Systems , Valerie Ciancia

REFORMING CHINA'S PARTNERSHIP LAW: ACHIEVEMENTS, PROBLEMS AND PROSPECTS , HONGBING FAN

SHOULD AN EFFECTIVE INTERNATIONAL CRIMINAL COURT HAVE PRIMACY OR BE COMPLEMENTARY TO NATIONAL COURTS? AN ANALYSIS OF CONCURRENT JURISDICTION IN THE AD HOC TRIBUNALS AND THE ROME STATUTE , GODWIN YENIKA FONYE

Foreign Direct Investment in Colombia , Juliana Gomez

LEGALIZE IT? -OSP AND PEER-TO-PEER NETWORK LIABILITY FOR ONLINE MUSIC COPYRIGHT INFRINGEMENTS IN THE UNITED STATES AND GERMANY , CHRISTIAN NILS JOCHEN ENGELHARDT

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• Credits measure the student workload required for the successful completion of a module or qualification.
• One credit represents about 10 hours of study over the duration of the course.
• You are awarded credits after you have successfully completed a module.
• For example, if you study a 60-credit module and successfully pass it, you will be awarded 60 credits.
• Master of Laws (LLM)

This qualification is designed to consider the role and place of law in an increasingly globalised world, and is suitable for law and non-law graduates as well as lawyers wanting to develop their interests. Our LLM takes a critical legal approach to study, using different perspectives and case studies to illustrate, explore, compare and contextualise topical legal issues. You will explore the interaction of law, law making bodies, institutions and regulators in an international context, the role and function of law in an increasingly global society, and the role of states, international institutions and multi-national companies. You will also consider contemporary legal issues such as corporate social responsibility, trans-national crime, humanitarian aid and security.

You must complete your study by 31 December 2027. If you would like to discuss your options with one of our advisers, please contact us.

• Explores methods of reasoning and analysis in law, and evaluates the complexities inherent in law, regulation and legal study 
• Develops a range of transferable skills, including advanced legal research, that are attractive to employers
• Concludes with an in-depth piece of independent research on a topic within your chosen specialist subject area.

How to register

Select the module you will study first, read the full description, and follow the instructions to register.

If you are planning on starting this LLM now, you should begin with Exploring the boundaries of international law (W821), followed by Business, human rights law and corporate social responsibility (W822) due to the availability of these modules. You must start your studies with one of the compulsory law modules. Your final module will be  The law dissertation (W800).

To gain this qualification you need 180 credits as follows:

90 credits from the following:

*Or the discontinued module Continuing professional development in practice  (UYA810) if previously studied as part of the Postgraduate Certificate in Advanced Professional Practice (Employment Law Advice) which is only available to those working for ACAS.

Plus either 30 credits from the following:

Or 30 credits from the following:

Or, subject to the rules about excluded combinations, the discontinued modules B866, D864, D867, D872, D873, T863, T867, T877, T878, T879, TD866, TU870, TU871, TU872, TU875 and U810.

plus 60 credits from the following:

You should note that the University’s unique study rule applies to this qualification. This means that you must include at least 60 credits from OU modules that have not been counted in any other OU qualification that has previously been awarded to you.

Learning outcomes, teaching and assessment

The learning outcomes of this qualification are described in four areas:

• Knowledge and understanding
• Cognitive skills
• Practical and professional skills

If you’ve successfully completed some relevant postgraduate study elsewhere, you might be able to count it towards this qualification, reducing the number of modules you need to study. You should apply for credit transfer as soon as possible, before you register for your first module. For more details and an application form, visit our Credit Transfer website .

On completion

On successfully completing this course, we’ll award you our Master of Laws. You’ll be entitled to use the letters LLM (Open) after your name.

If your masters degree is awardable with a distinction or a merit, the qualification regulations explain how you can achieve these.

You’ll have the opportunity to attend a degree ceremony.

Regulations

As a student of The Open University, you should be aware of the content of the qualification-specific regulations below and the academic regulations that are available on our Student Policies and Regulations  website. 

• Master of Laws

We regularly review our curriculum; therefore, the qualification described on this page – including its availability, its structure, and available modules – may change over time. If we make changes to this qualification, we’ll update this page as soon as possible. Once you’ve registered or are studying this qualification, where practicable, we’ll inform you in good time of any upcoming changes. If you’d like to know more about the circumstances in which the University might make changes to the curriculum, see our Academic Regulations or contact us . This description was last updated on 19 March 2024.

You should hold a UK honours degree (or equivalent or recognised overseas qualification) or relevant professional legal experience. Various higher education and professional qualifications are considered equivalent to an honours degree. If you hold a qualification that you believe is an equivalent level to a UK honours degree or if you lack formal academic qualifications but have relevant work experience, please speak to an adviser . The modules are taught in English, and your spoken and written English must be of an adequate standard for postgraduate study. If English is not your first language, we recommend that you seek assessment under the International English Language Testing System (IELTS). Please see their website for details.

How long it takes

Each module will involve around 12 hours of study per week. Most students study this qualification in three years which is the minimum time for completion. You must complete your study by 31 December 2027.

Career relevance

There is a growing demand for professionals who have an in-depth understanding of the role and purpose of law in our increasingly global society, and the associated advanced legal research and reasoning skills. This degree will contribute to your career development by providing transferable skills that are highly valued by employers. Typically, holders of the LLM will:

• deal with complex legal issues both systematically and creatively
• communicate their subject knowledge clearly to specialist and non-specialist audiences
• demonstrate self-direction and originality in tackling and solving problems
• act autonomously in planning and implementing tasks
• reflect on the responsibilities linked to the application of knowledge
• demonstrate the ability to conceive, design, implement and adapt a substantial piece of independent research with scholarly integrity
• exercise initiative and personal responsibility
• be able to develop a persuasive legal argument based on evidence
• demonstrate independent learning ability required for continuing professional development.

If you are interested in becoming a lawyer (solicitor or barrister) you need to study our undergraduate Bachelor of Laws (LLB) (Hons).

Careers and Employability Services have more information on how OU study can improve your employability.

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Edinburgh Research Archive

•   ERA Home
• Law, School of

Law thesis and dissertation collection

By Issue Date Authors Titles Subjects Publication Type Sponsor Supervisors

Search within this Collection:

Presented here is a selection of theses and dissertations from the School of Law. Please note that this is not a complete record of all degrees awarded by the School.

This material is presented to ensure timely dissemination of scholarly and technical work. Copyright and all rights therein are retained by authors or by other copyright holders. All persons copying this information are expected to adhere to the terms and constraints invoked by each author's copyright. In most cases, these works may not be reposted without the explicit permission of the copyright holder.

Recent Submissions

Challenges and limitations of granting legal personality to distributed/decentralized autonomous organizations , development of international shipping standards under the auspices of the imo and their implementation in practice: a case study of thailand , adequacy of the ex post armed attack framework of the jus ad bellum in relation to the evolving means and methods of warfare , governing disputed maritime areas , what we say when we criminalise: a metanormative inquiry , testamentary law in england, c. 1450-1540 , sovereign immunity from execution of foreign arbitral awards in the 21st century , conceptualizations of addiction in harm reduction strategies for effective and ethical uk drug policy , liminality and the lived experience of law in medicine: the legal consciousness of physicians in encounters with people living as undocumented migrants , contested citizenship and statelessness in question: an anlysis of cases of overseas taiwanese people and tibetan exiles in taiwan , eternity and the constitution: the promise and limits of eternity clauses , hate speech in the british press: a theoretical and practical assessment of the case for broader regulation , liberty versus security under illiberal constitutionalism: the legality of criminalising humanitarian assistance in hungary and greece , operationalising ‘publicness’ in data-intensive health research regulation: an examination of the public interest as a regulatory device , worldmaking powers of law and performance: queer politics beyond/against neoliberal legalism , development of law of the sea by unclos dispute settlement procedures: towards a coherent jurisprudence , evaluating the european union's response to online misinformation and disinformation: how to address harm while maximising freedom of expression , reconciling reverse burdens of proof with the presumption of innocence: a new approach , uses of roman law in the construction of the concept of possession in the german-speaking countries in the nineteenth century , paths of effectiveness, fairness and legitimacy for eliciting public confidence in policing and cooperation with the police in monterrey metropolitan neighbourhoods .

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More in Master of Laws (LLM)

Master of laws (ll.m.) program.

A Master of Laws, or LL.M., is a graduate qualification in the field of law. This internationally recognized postgraduate law program allows lawyers to gain advanced, specialized legal training by choosing classes within a specific area of law to develop their expertise. In addition to the academic advantages an LL.M. offers, students also have opportunities to network with colleagues and professors and build a lasting, professional network. Hawaii’s LL.M. Program is open to graduates with either a U.S. JD or a foreign law degree. 

In general, LL.M. students are free to choose their classes, with the exception of certain limited-enrollment and legal writing or clinical/skills courses that may not be available to LL.M. students. 

General LLM Program information and requirements

• 24 credits are required to graduate
• up to 6 graduate-level (600 and above) credits may be taken from other departments with LL.M. Faculty Advisor approval
• full-time students: minimum of 12 credits per semester
• part-time students: depends on residency
• Directed Study and Advanced Legal Studies may be taken with LL.M. Faculty Advisor approval and instructor approval

Though the LL.M. Program is open to graduates with either a foreign law degree or a U.S. Juris Doctor (JD), some requirements will differ.

LL.M. students with foreign law degrees:

• Introduction to American Law
• Legal Research and Writing
• Legal Oral Communication

LL.M. students with a U.S. JD:

• Exempt from Introduction to American Law requirement
• Courses already taken as part of a U.S. JD Program may not be repeated for LL.M. Program credit, accept with the permission of the Associate Dean for Academic Affairs.

LL.M. Specializations

Students enrolled in Hawaii’s LL.M. Program may choose an optional specialization to deepen their understanding and expertise in a specific area of law.

LL.M. Specialization requirements:

• 4 courses within the specialty
• 10 credits within the specialty
• any required courses within the specialty

Possible courses: LWPA 514 Law & Society in Japan LWEV 528 International Environmental Law LWPA 553 Asian Pacific Insolvency Law LWPA 556 Asian Comparative Labor Law LAW 572 International Protection of Human Rights LWPA 577 Japanese Business Law LWPA 578 Chinese Business Law LWPA 586 Law & Society in China LWPA 587 Comparative Law LWEV 593 International Ocean Law LWPA 594 Pacific Islands Legal Systems Graduate-level courses (600 and above) from other UH departments with LL.M. Faculty Advisor approval Note: not all course are offered each semester

Possible courses:

LAW 507 Employment Discrimination LWEV 528 International Environmental Law LWEV 530 Climate Change Law & Policy LAW 533 Constitutional Law I LAW 534 Constitutional Law II LAW 537 Constitutional Law: Critical Race Perspectives LAW 547 Gender: Law & Conflicts LAW 548 Immigration Law LWPA 556 Asian Comparative Labor Law LWPA 581 Native Hawaiian Rights LWPA 585 International Law LWPA 587 Comparative Law Graduate-level courses (600 and above) from other UH departments with LL.M. Faculty Advisor approval Note: not all course are offered each semester

LWEV 503 Wildlife & Natural Resources Law LWEV 512 Environmental Compliance & Regulated Industries LWEV 528 International Environmental Law* LWEV 530 Climate Change Law & Policy LAW 549 Admiralty Law LWEV 588 Legal Aspects of Water Resources & Control LWEV 592 Domestic Ocean & Coastal Law LWEV 593 International Ocean Law LAW 503 Historic Preservation Law LAW 561 Administrative Law LAW 580 Land Use Management & Control LWPA 585 International Law LWEV 582 Environmental Law* LWEV 588 Legal Aspects of Water Resources & Control LAW 592 Domestic Ocean & Coastal Law

Graduate-level courses (600 and above) from other UH departments with LL.M. Faculty Advisor approval *required Note: not all course are offered each semester

LAW 507 Employment Discrimination LAW 508 Negotiation & Alternate Dispute Resolution LAW 509 Contracts I LAW 510 Contracts II LAW 515 Business Reorganization in Bankruptcy LAW 531 Business Associations LAW 535 Intellectual Property LAW 545 Licensing Intellectual Property LAW 507 Employment Discrimination LAW 508 Negotiation & Alternate Dispute Resolution LAW 509 Contracts I LAW 510 Contracts II LAW 515 Business Reorganization in Bankruptcy LAW 531 Business Associations LAW 535 Intellectual Property LAW 545 Licensing Intellectual Property LAW 550 Corporate & Partnership Taxation LWPA 553 Asian Pacific Insolvency Law LAW 554 Secured Transactions LAW 558 Corporate Finance LAW 559 Labor Law LAW 562 Debtors’ & Creditors’ Rights LAW 565 Securities Regulation LAW 567 Federal Income Taxation LAW 569 Sales LWPA 577 Japanese Business Law LWPA 578 Chinese Business Law LWPA 579 International Business Transactions LAW 589 Labor & Employment Law LAW 595 Internet Law & Policy LWPA 596 International Intellectual Property

Graduate-level courses (600 and above) from other UH departments with LL.M. Faculty Advisor approval Note: not all course are offered each semester

LAW 508 Negotiation & Alternative Dispute Resolution LAW 572 International Protection of Human Rights LWPA 585 International Law LWPA 587 Comparative Law

Courses offered through the Matsunaga Institute for Peace & Conflict Resolution PACE 629 Negotiation & Conflict Resolution PACE 647 Mediation: Theory & Practice PACE 668 Facilitating Community & Organizational Change

LAW 513 Criminal Law LAW 541 Criminal Procedure LAW 543 Evidence

How to apply to our LL.M. program

Eligibility.

Applicants to the LL.M. Program must hold a law degree (or its equivalent) from a recognized law school. Both graduates with a foreign law degree and graduates with a U.S. JD are encouraged to apply.

Application Deadline and Submission

Applications for the LL.M. Program are considered on a rolling basis from October 1 to June 1 and on a space-available basis after June 1. Applications received by February 1 will have priority consideration for scholarships.

Applicants are encouraged to apply online through LSAC and those that do may be eligible for application waivers and school report coupons. LSAC applicants that are admitted and chose to attend our LL.M. Program will be considered for scholarship awards to help offset LSAC and CAS fees incurred during the application process. For those who are unable to apply through LSAC, please contact us.

Application Materials

• Personal Statement Tell us about your experience and qualifications, your reasons for seeking an LL.M. degree and the course of study you wish to pursue (about 800 words).
• Resume or Curriculum Vitae
• $60 Application Fee Not refundable or transferable LLM Program Application Fee
• Two Letters of Recommendation We prefer that one of the letters be from your former or current law professor, if possible. If a recommendation letter is not written in English, an English translation must accompany the original recommendation letter.
• Transcripts Official transcripts from all institutions (graduate and undergraduate) where you have studied. These must be sent directly from the school. If the transcripts are not in English, a certified English translation must be submitted with each transcript.
• TOEFL suggested score: 90+ (UH school code: 8395)
• IELTS suggested score 6+ Exempt : applicants who have earned a bachelor’s or graduate degree from an institution in the United States, Canada (excluding Quebec), the United Kingdom, Ireland, Australia, New Zealand, or Singapore. We are flexible with English proficiency scores in certain cases. Exemptions may be granted at the discretion of the LL.M. Admissions Committee.
• Interview Once all application materials are received, the Admissions Committee may request an interview, usually over Zoom, before making their decision.

Visa Information

The Law School’s International Programs works with the UH International Student Services to assist international students with I-20 and Visa paperwork. International students admitted to the Law School who need an I-20 and/or Student Visa will be required to show proof of adequate funds for the program of study. See tuition and cost of attendance .

KEY CONTACT

Ll.m. program.

(808) 956-9038

Information for…

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Law Master's Theses

Theses/dissertations from 2023 2023.

Out of the closet, into the woods: A study on the sufficiency of the laws in the current Philippine legal system in protecting transgender rights , Erika Louise G. Laforteza

Theses/Dissertations from 2022 2022

To tax or not to tax: A doctrinal analysis of the taxability of Foreign Currency Deposits in the estate of a depositor , Celina Bianca L. De Chavez and Lisa Carolina D. Yñiguez

Video conference hearings in the Philippines: Prospects during normal times , Gio Franco Gomez and Christian Gregory P. Bunales

An analysis on the expansion of the quasi-judicial function of the Philippine Commission on Human Rights , Maria Pamela A. Ramos

Theses/Dissertations from 2021 2021

The right to die: Establishing a legal framework for living wills and healthcare proxies in the Philippines , Clyne Michael Jude Alvar, Edracel Del Rosario, and Justinelli Limjoco

Demilitarization vs. declaration of a marine protected area: Identifying the better policy solution to defend Philippines' rights in the West Philippine Sea , Anna Issabele C. Amores and Zelayne G. Morpe

Openness to the "right to die" of international, foreign, and Philippine laws , Alessandra P. Buera

How legitimate are the expectations? An evaluation of Chinese foreign direct investments in the Philippines under the lens of the fair and equitable treatment standard , Christianne Noelle B. de Vera

“Prevention is better than cure:” A review of the precautionary principle as applied to public health policies in the Philippines , Francheska Juliene G. Dominguez and Julius Edward M. Guzman

Grabbing the employee benefits: Establishing the employer-employee relationship between ride-sharing companies and their drivers , Miguel Luis Garcia Gayares and Royce Vincent Dimayuga Untalan

Party-list perversion in the Philippines: An analysis on the rise of spurious party-list groups and its effect on the current legal framework of the party-list system , La Verne V. Jallorina I

Tech symbiosis: Determining the anti-competitive nature of tech platform mergers in the attention market , Paulo Angelo G. Juan

Litigation trafficking: A study on the legality of litigation funding that results into maintenance, champerty or assignment of bare right to litigate to third-party litigation funders taking into consideration the right to access to justice as a means of protecting liberty and nurturing prosperity under the rule of law , Kenneth G. Limosnero

Bridging the gap on the right to self-organization between the Philippine legal system and the International Labor Organization conventions , Inigo Paolo H. Untalan

Theses/Dissertations from 2020 2020

Parallel importation and exhaustion: The legal implications of adopting a standard policy and exhaustion regime on Philippine Intellectual Property Laws in light of the ASEAN Blueprint 2025 , Janice Rae S. Apolinario and Constante Emmanuel S. Foronda III

An alternative regulatory regime for contract variations to public-private partnership contracts effected after the conduct of a competitive bidding process , Charry Blue Bacina and Yralli C. Mendoza

A womb leasing gig: The illegality of commercial gestational surrogacy , Jose Enrique S. Cadiz, Cindee Michelle S. Yu, and Rosario Olivas Gallo

Mothering behind bars: The policy on pregnant inmates and the custody of their newborn , Mariane Philine T. Cantimbuhan, Ana Janellie L. Cruz, and Geraldine M. Saliva

Recognizing the rights of intersex individuals in the Philippines , Cris Vincent V. Castillo

Rights that can’t be heard: Addressing the need for extending closed caption law in social media platforms for COVID-19 pandemic related coverage , Bernadette De Vera Daos

Accepting refugees: Amendments on the Philippine Immigration Act to harmonize it with the minimum standards on international law , Lea Maria P. De Castro and Emary Joy D. Pascual

The cost of fame: Regulation of taxes on income generated by online influencers , Mary Rose Dizon, Tiffany Ann Lo, and Angelica Yatco

Bata lang ako: Protection of children inside youth detention centers , Alyssa Coleen F. Estera and Patricia A. Talaman

Protecting the hidden gem of the South: Lobo, Batangas of the Philippines , Lisa Marie A. Garan, Jason A. Manalo, and Princess Emeresa A. Naga

ABC's of ABA of 2013: A critique of Republic Act No. 10627, also known as The Anti-Bullying Act of 2013 , Rachel Geronimo, Kella A. Ortega, and Erika Louise Y. Visitacion

Redefining public figures on social media: Application of the public figure doctrine to social media users who became viral as a result of unwanted publicity , Agustini Alfonso Guanio and Juan Benedicto Magsakay Aldaba

To be or Airbnb: Examining the laws governing traditional models of accommodation in application to short-term rentals ("STR") and proposing a framework for STR regulation , Krystel Marie G. Guillermo and Iris Hannah S. Yap

The Philippines as a potential hotbed for money laundering: A study of Republic Act No. 9160, otherwise known as The Anti Money Laundering Act, as amended, and the use of cryptocurrency for money laundering , Miguel Jose Domingo Lalaquit Monfort and Jasper Rodil A. Zalameda II

E-commerce and IP laws: Re-shaping current E-commerce laws and policies in the Philippine setting to accommodate the protection of Intellectual Property rights , Anne Louise T. Panaga and Sanjeev J. Sanger

New perspectives on cross border legal practice in the ASEAN , Crichelle Anne Q. Sy

Theses/Dissertations from 2019 2019

Boon or bane: A theoretical exploration of the Philippine tax reform Programs - TRAIN and TRABAHO Law - as a fundamental principle of taxation and its effects to the PEZA and BOI in violation to the non-impairment clause granted under the Philippine Constitution , Ma. Angelica Y. Abalos and Karen Bianca M. Tinimbang

Government sanctioned exploitation: Illegality of the automatic oil pricing mechanism in the downstream oil industry deregulation act of 1998 , Francisco C. Banguis Jr., Krisha Mariel B. Simagala, and Alexandra G. Soledad

The Philippine-China arbitral case: Implication of July 12, 2016 decision on the proposed exploration agreement in the Western Philippine Sea , Rene Anton R. Carandang, Abbie Patricia P. Biscocho, and Alexis Hiceta

E-commerce and IP laws: Re-shaping current e-commerce laws and policies in the Philippine setting to accommodate the protection of intellectual property rights , Anne Louise T. Panaga and Sanjeev J. Sanger

Securities: An analysis of Howey test in the operational dynamics of virtual currency , Ralph H. Villanueva

Defining the human right to energy and its normative value , Rod Ralph Salazar Zantua

Theses/Dissertations from 2018 2018

Determinants of current health conditions of the elderly in Pangasinan and its association with the level of functional ability , Jesusa R. Lugtu

Beyond borders : the Philippine compliance on ASEAN comprehensive investment agreement, the ASEAN rules-based approach and the investment liberalization case analysis , John Carlo T. Pajo

Theses/Dissertations from 2016 2016

Promoting greater transparency and accountability through intensified rules on the filing of the statement of assets, liabilities, and net worth (SALN) , Vanessa Ann A. Hiceta

Balancing testamentary freedom and legitime rights: A study on the reduction of legitimes under Philippine law , Keith Ivan O. Meridores and Ernesto C. Palomique III

Theses/Dissertations from 2015 2015

Corporation un-personified: The right of the "people" against unreasonable searches and seizures not applicable to corporations as artificial creations of law , Jay Paolo C. Adalem

The gift of surrogacy: Proposing a law which will recognize surrogacy , Leandro P. Celles

A study on the application of the Supreme Court's power of judicial review , Philip Tomas V. Kintanar

An effective investigation of suspicious death is a human right , Atom James C. Maronilla

Executive power over foreign affairs and the validity of compensation waiver clauses under international law and Philippine law: A critique of Vinuya, et al. V. Romulo , Emil Angelo C. Martinez

Parental authority over illegitimate children: Applying articles 176 and 211 of the Family Code , Charm Krizia L. Medina

Protecting the rights of pregnant prisoners and detainees: A proposal to amend Republic act no. 9710 entitled “The Magna Carta of Women” , Joel Milan

(Un)fit: The unconstitutionality of DOE circular no. 2013-05-0009 , Gabrielle E. Ricolcol

“Juvenile justice and the restorative justice system: Does it work?” , Gabriel Antonio D. Robeniol

Revolving door: Analysis on the term limit of the Congress of the Philippines , Mae Anne O. Sandoval

A domestic dilemma: The effect of Foreign Account Tax Compliance Act (FATCA) on our bank secrecy law , Karissa Inez A. Segundo

Baby from another lady: Regulating surrogacy in the Philippines , Leonard Martin E. Syjuco

Evacuation centers: Contemporary form of arbitrary deprivation of liberty , Sonia Blanco Tamondong

"Am I intruding?": Amateur videos and the need to regulate it , Hency L. Tanbengco

Legal process outsourcing: The law profession in a changing world , Sarah Jane U. Tan

Strengthening the build-operate-transfer law for the development of Philippine infrastructure to improve competitiveness in the light of the ASEAN integration: Amending the law to plug its weakness and be aligned with the principles of the ASEAN PPP framework , Andrew Michael Tiu

International human rights, environment, and trade agreements implications of the anticipatory prohibition on the golden rice research: The imprudence of walking behind the BT eggplant trials ba , Armon Perez Tolentino

Fostering a more efficient and more transparent Commission on Appointments: A proposal for changes in the confirmation process under the 1987 Constitution , Norman F. Velasco

Reinstating the public in the mass transit system: A legal strategy , Regine C. Yu

The miscalculated effect of pardon and its necessity to be wiped away in Public Office , Anna Dominique L. Zaide

Theses/Dissertations from 2014 2014

Writ of kalikasan: Protection for all? , Sharlene Anjelica L. Chiongson

The curious case of video game cloning: Applying the abstract filtration test in case of video game cloning , Jose Joven Paulo Espinosa

The kids's table: A comprehensive assessment of the legal basis and implications of the "Filipino-style" party-list system of proportional representation , Rene G. Pilapil Jr.

Parens patriae, quo vadis? Amidst cross-border laissez faire: The interface of trade and competition , Darwin Perry B. Rubio

Theses/Dissertations from 2013 2013

Spot the not: Creating a hybrid test for trademark infringement , Roque Aldrich B. Alvaera

The period of litigation: Immutability of judgment is in the higher interest of justice , Victor Reynaldo C. Ang

Theses/Dissertations from 2010 2010

Mobile gambling: Is it covered by the Pagcor charter? , Joseph D. Gatchalian Jr.

Theses/Dissertations from 2009 2009

A recommended framework for software patents under the intellectual property code of the Philippines , Allan Christopher S. Chu

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Master of Law by Thesis (LLM)

An LLM by Thesis study is conducted through thesis writing. A student shall submit, and present a detailed research proposal through guidelines provided under the Directorate of Postgraduate Studies. The panellists specialized in law shall examine the relevancy of the research proposal and upon satisfaction of the panellists, the approval for research shall be granted. A student shall follow all postgraduate procedures for research clearance; go for data collection and writing the thesis under the guidance of a supervisor approved by the University Senate. The student shall make seminar presentations through out of the duration of the study to show progress of research being undertaken and shall be required to publish two journal articles in peer reviewed journals before graduation.

Programme Summary

Course Name: Master of Laws by Thesis Course Initial: LLM by Thesis Course Duration: 2-5 years Total number of Units: 18 Units Equivalent to 180 Credits Mode of Delivery: Through supervised research process. The thesis is supervised through a blended mode involving both open and distance learning mode and face to face meeting with a supervisor (where practicable).

Programmes Informations

Master of Laws by Thesis Degree Programme of the Open University of Tanzania will be open for Law graduates of the Open University of Tanzania and any other recognized university in the United Republic of Tanzania, as well as from any country in Africa and outside Africa, especially from countries of common law jurisdiction with a first degree Upper Second-Class   (GPA of 3.5 and above ) plus submission of evidence of rich experience in research and publications in various recognized peer reviewed journals .

The Master of Laws by Thesis Programme aims at producing legal experts equipped with advanced legal research skills who are able to tackle current legal problems and other specialized areas in the world of work. The study area is independently selected by the student and through his/her research proposal, comments are provided to the student by his/her supervisor to take into account all detailed studies in the subject area of research. In deciding on research area, a student shall consider the changing nature of society as affected by different social political and economic environment national wide, sectoral wide and across the third world and other parts of the world. It is a research oriented programme designed to equip the research student with detailed research theories, methodologies, precepts and their application in developing a well-researched thesis towards solutions of identified legal challenges and problems. This study enables a candidate to be fully equipped to tackle specified specialized legal problems and issues in various areas specialties offered by the Faculty of law. The candidate will choose independently the area of his or her research.

The examination process for a thesis shall involve the supervisor, internal examiner, external examiner, host department, faculty, and the postgraduate studies office. The thesis shall be examined by both internal and external examiner, whereby viva-voce examination shall be conducted based on reports of examiners.  Where external examiner’s report has failed a thesis, there shall not be a viva voce until all critical comments as raised by examiners are fully addressed and, a resubmission shall be made as per the recommendations in accordance to the Postgraduate research regulations/guidelines for thesis examinations.

2020 BLENDED GRADUATION CEREMONY LIVE STREAM Learn More

Master of Laws (LLM)

Master of laws (llm): constitutional and human rights law, introduction, 1.1 academic regulations for postgraduate degree programmes..

1.2. The Master of Laws (LLM) degree in Constitutional and Human Rights Law is a three semester programme offered on a block-release basis. The programme is aimed at professionals who possess an LLB qualifcation seeking specialized knowledge in the areas of constitutional and human rights law.

2. OBJECTIVES

2.1 The programme provides an academic opportunity for students intending to deepen their understanding and knowledge of constitutional and human rights law. The degree invites students to explore and appreciate the convergence of constitutional and human rights law in a constitutional democracy and the importance of such convergence to a legal system.

2.2 The development of constitutional and human rights law in the public interest litigation context is critical in the development of the country’s legal system. In light of Zimbabwe’s new constitutional dispensation, the programme provides options to candidates who wish to enhance their litigation skills in constitutional

Career Pospects

3.  career prospects.

The LLM programme enhances career prospects in various areas for a target group that includes, but is not limited to law graduates, practising attorneys, academics, civil society   and human rights law.  practitioners, members of the judiciary, and law offcers in government departments.

4. ENTRY REQUIREMENTS

4.1 Applicants shall possess a Bachelor of Laws degree (LLB). Applicants are required to have at least a 2.2 (Lower Second) degree class, or the equivalent thereof. 4.2 Other factors such as relevant professional experience will also be taken into consideration in assessing applications.

5. GENERAL PROVISIONS

5.1 The Master of Laws in Constitutional and Human Rights Law is studied through taught modules with continuous assessment and examinations offered at the end of each semester. 5.2 The programme is completed over a period of three semesters. The degree programme shall be by block release. The method of learning will be through lectures and seminars. Contact shall be a minimum of 60 hours per semester for each module. Each semester has three (3), two week blocks.

6. ASSESSMENT

6.1 Overall assessment shall be based on continuous assessment and formal examinations. Each candidate is required to earn twenty (20) credits in the taught modules and sixteen (16) credits in the research component. 6.2 Examinations shall be written at the end of each semester. Each module will be examined by a paper which is, four (4) hours long. In determining the fnal marks for modules, weighting will be as follows:

PROGRESSION

7. 7.1 For a candidate to proceed to the next level of the programme, the candidate must have passed at least two modules per level. 7.2 If a candidate fails all modules at the end of the frst semester, he or she shall retake the failed modules.

8 EXAMINATIONS

8.1 Two external Examiners shall be appointed by Senate on the recommendation of the Faculty Higher Degrees Committee to examine written modules in respect of the LLM programme. 8.2 Candidates who have neither fnished nor submitted their dissertations in the third semester shall be required to re-register for their work to be assessed and/or submitted for examination. 8.3 Upon failure in a particular module(s), candidates can retake the failed modules in the following semester.

9. DEGREE CLASSIFICATION

Programme structure, 10. programme structure.

The Master of Laws (LLM): Constitutional and Human Rights Law shall be a taught programme with a dissertation which commences in the second semester and submitted in the fnal (third) semester. The degree programme will run for three semesters and is structured as follows:

MODULE SYNOPSES

LM601 Advanced Constitutional Law The module seeks to provide a focused and deeper appreciation of the jurisprudential and theoretical basis for constitutionalism, aspects of constitution making process, constitutions and constitutionalism in Zimbabwe. It is further aimed at extending knowledge of constitutional principles, concepts and constitutional rights, and constitutional interpretation. Issues to be canvassed further include democratic governance through commissions and related institutions, the convergence of constitutional law and human rights in Zimbabwe, electoral systems and participatory democracy, the rule of law and judicial matters. It should be emphasized that the module is rooted in constitutional law and practice throughout Zimbabwe’s constitutional history. To this extent, the module canvasses all post independence constitutional developments and constitutional processes that characterize Zimbabwe’s constitutional history and its constitutional jurisprudence. Topics under this module include: • Jurisprudential and Theoretical Basis for Constitutionalism • Constitutionalism and the constitution making process • Constitutional rights in the Zimbabwean Constitution and constitutional interpretation • Democratic Governance under the Constitution • The Constitution and Institutional Guarantees for Democracy • Electoral Systems and Participatory Democracy • The Legislature: Structures, Competencies and Functions • The Constitution and Judicial Function • Judicial Review • Constitutional rights and Human rights in Zimbabwe

LM602 Advanced Human Rights Law The Advanced Human Rights Module is one of the core-components of the LLM Programme in  Human Rights and Constitutional Law. The focus is on multidisciplinary issues and underpinnings pertaining to human rights and how it should be understood as an important tool to an end – the general wellbeing of Zimbabweans and other people of the world. The primary objectives of the module are thus as follows: • Build an understanding of the conceptual, philosophical and ideological nature of human rights in light of their origin; • Explore the national understanding, application, attitudes, and perceptions of human rights. • Study in detail the normative content of human rights as provided for in the Bill of Rights as complemented by international and regional human rights treaties. • Explore the opportunities for promotion and protection of human rights by utilizing both judicial, quasi-judicial and non-judicial procedures and institutions. • Make a case for the necessity of international human rights protection mechanisms as secondary in nature. • Familiarize candidates with promotion and protection options at international level including treaties, institutions, and procedures and prevailing jurisprudence in the area. • Critique and assess the strengths and weaknesses of international protection. The module will be in four parts as. The frst part will examine the conceptualization, origins and philosophical foundations of human rights. This part of the module will focus on: • Defnitions, origins, and history of human rights in light of leading scholarship. • The universality, relativity, interrelatedness, interdependency of human rights • Human rights and culture/religion • Categories of human rights (thematic, ‘generations’, groups protected. • The nature of the mandate of independent constitutional commissions The second part of the module will focus on the national protection of human rights particularly: • Normative content (interpretation) of each right and freedom in the Constitution. • Limitation of rights in terms of Section 86, 87 and 113 of the Constitution. • Concept of non-limitation of rights. • Constitutional jurisdiction of courts, standing and remedial powers. • Human rights litigation through impact litigation. • Skills specifc to human rights/constitutional litigation. • The new advent of constitutional interpretation consequent to 2013 Constitution The third part of the module will look at international protection of human rights particularly the following; • The United Nations – UN Charter-based and treaty-based protection of human rights. • The UN Human Rights Council, special procedures, Universal Periodic Review and special mechanisms – critique and analysis. • The UN treaties and oversight of implementation by treaty-bodies. • The treaty-body system of human rights oversight. • State reporting procedure (purpose and procedure). • Individual communications procedure (legal basis, standing, exhaustion of local remedies, legal reasoning in decisions, compliance with decisions, effectiveness). • Effectiveness of the international protection in comparison to national. The last part of the module will look at regional protection of human rights; • Membership and geographical dynamics of these supra-national institutions • Respective human rights systems paying attention to treaties, institutions, jurisprudence, effectiveness and enforcement of judgments of their courts. • Relationship, if any between these regional systems and the global protection matrix. • Litigating before regional human rights systems (pay attention to the international criminal jurisdiction of the African Court of Justice and Human and Peoples’ Rights) the new relevance of international criminal law. • The place of sub-regional (SADC, ECOWAS, EAS, MAGHREB) economic blocs to the protection of human rights at that level LM603 Research Methodology This module is meant to equip students with the knowledge and skills necessary to conduct research, to critically evaluate published research and to explore different ways of translating research questions in quantitative or qualitative studies. The module will focus on the following aspects: • Understanding the range of paradigms and data-gathering techniques available to the legal researcher • Distinguishing the purpose and product of qualitative research from that of quantitative research. • Research methods, including the application and conceptualization of theory, research design, • Sampling, strategies for framing research and interview questions, • Use of GPS to demarcate area of research where feld work is involved • Data coding and analysis. • Ethical responsibilities of qualitative researchers, who have closer contact with “subjects” and “informants” than do their more quantitative counterparts

LM604 International Criminal Law International criminal law deals with the prosecution of international crimes. It serves as an important mechanism that provides remedies to victims of human rights violations. Provision of remedies to victims is a very important area of international human rights law. The main objective of the module is to highlight to students that without accountability and provision of remedies to victims, international human rights law is nothing but the proverbial brutum fulmen – a harmless thunderbolt. Through the lens of international criminal law, students will appreciate that the purpose of human rights law is not only to set standards for governments, non-state actors and their agents, it is to prescribe the consequences of a failure to meet those standards – through criminal sanction for example. Not only will the module discuss criminal accountability of natural persons but also corporations. In recent years, some multi-national companies have been involved in the grave violations of human rights especially on the African continent. There is a growing jurisprudence that such corporations must not only face civil liability but criminal liability also. Although the focus will be on international criminal law accountability, there will also be a discussion on other alternatives to accountability such as those espoused in transitional justice. The aim is to make students aware of the potential clashes and opportunities between international criminal law and some elements of transitional justice – a situation that currently characterize many African countries. Further, inasmuch as the module focuses on international criminal law as an enforcement tool of human rights, there is an underlying theme that it is the State that has the primary obligation to investigate human rights violations and prosecute those responsible within its domestic courts. The international community through international criminal law and international criminal courts should only complement domestic efforts – coming in only when the concerned state is unable or unwilling to investigate and prosecute. The following are the themes that will be explored: • Conceptualization of international criminal law • History of international criminal law and the human rights paradigm • Ad Hoc Tribunals, the International Criminal Court, the proposed African Criminal Court • The correlation between human rights protection and international criminal law • Victims of human rights violations’ right to a remedy • Investigation and prosecution as an essential tool of remedy • Domestic versus regional and international criminal accountability • State’s primary obligation to investigate and prosecute human rights violations • Complementarity between domestic and international criminal jurisdiction over rights violations • Universal criminal jurisdiction over gross violations of human rights constituting international crime • Criminal liability of corporations for human rights violations • Advantages, disadvantages, challenges and opportunities in holding corporations criminally liable for human rights violations. • Transitional justice as a complement or an alternative to international criminal law and justice? LM605 Environmental Law In light of the inclusion of environmental rights in the Zimbabwean Constitution, the module will explore the importance of, and role played by, these rights in regulatory efforts. Particular attention will be drawn to the exercise and enforcement of these rights as part of an overarching approach to regulating environmental protection. In addition to the environmental regulatory framework, the module will focus on the international environmental regulatory framework, and how it relates to, enhances, and influences the domestic regulatory framework. As such, the course will cover aspects such as, • Justifying environmental regulation • The constitutional content, scope and nature of environmental rights • The international environmental legal regulatory framework • Human rights approaches to environmental protection • substantive rights • procedural rights • Public interest environmental law: Public Participation • Access to information • Access to justice • The role and object of environmental rights in Command and Control Regulation • Enforcement of environmental rights as constitutional rights in Command and Control Regulation • Specifc environmental rights issues • Waste Management Law • Contaminated land • Mining and environmental law • Environmental Justice and the Constitution

LM606 Women’s Rights The main focus of the module is on the concept of women’s rights within equality and non discrimination framework and specifc issues of concern to women within the context of feminist legal theories. This module further examines how gender shapes and informs the law and how legal doctrine affects our understanding of women’s rights. The module will examine the relationship between sex and gender as reflected in and influenced by law; cultural images of women and men that both shape and are shaped by the law; and institutional and social structures and practices that perpetuate inequality or subordination. The module is in three main parts. The frst part examines feminist legal theories and their impact on feminist jurisprudence as well as their applicability or shortcomings within the local and broader non-western context. This part of the module will focus on: • Introduction to feminist terms: sex, gender, oppression of women, subordination of women, deprivation, feminism, emancipation • Feminist theories and feminist jurisprudence with in an African setting • Law in a patriarchal society The second part of the module looks at Constitutional and International human rights instruments and analyses the factors that militate against the adequate protection of women’s rights. It examines more fully the principles of equality and non discrimination in the Constitution of Zimbabwe as well as international and regional instruments impacting on women’s rights. Focus will be on • Introduction to human rights instruments impacting on women’s rights • Strengths and limitations of various category of rights ie frst, second and third generation rights • Why women’s human rights • Human Rights Principles on family laws and protection of the family • Human Rights Principles on reproductive and sexual rights • Violence against women as a human rights violation • Sexual harassment The third part of the module gives detailed attention to specifc topics affecting women which include: • women and culture • women in politics and decision making, • The concept of women’s empowerment and the action strategies for the furtherance of women’s rights.

LM607 Refugee Law The module aims at inculcating in candidates an appreciation of the national and international legal framework for the protection of refugees and asylum seekers and the attendant state practice using Zimbabwe as the main case study. The key objectives of the module are thus as follows; • To build a full appreciation in candidates regarding the prevailing national legal framework for the protection of refugees and asylum seekers in Zimbabwe. • Acquaint candidates with specifc knowledge on the extent to which the Refugees Act [Chapter 4:03] has domesticated international instruments in that discipline. • To equip candidates with practical knowledge on the determination of refugee status in Zimbabwe in terms of domestic law and procedure. • Assist candidates transposing national processes into the domain of international refugee law by linking the national and international legal frameworks for the protection of the rights of refugees and asylum seekers. The module will be in in four parts. The frst part examines the introduction to refugee and will focus on the following; • Defnitions and descriptions of refugees • Defnitions of asylum seekers • Zimbabwe as sending, transit and destination of refugees • Constitutional and general legal framework on refugee law • Aspects of traffcking in persons The second part will examine international refugee law and will focus on the following; • United Nations approach to refugee defnition • Regional approach to refugee defnition • Refugees for the purpose of general international law • Determination of refugee status • Determination by the United Nations High Commission for Refugees • Determination by States – Zimbabwe case study The third part examines asylum and will focus on the following: • Concept of asylum • Principle of non-refoulement • Asylum in international law and practice • Asylum in national law and state practice • Standards of treatment vis-à-vis refugees The fourth part examines protection and issues and will focus on the following; • General protection issues • Internally displaced persons • Solutions to refugee problems • International co-operation • Treaty standards and implementation in national law

LM608 Child Rights Child Rights is a unique and multi-layered area of law which explores the international, regional and national legal spectrums. The module intersects with different domestic areas of civil, criminal and administrative law, as well as public international law, international humanitarian law, international criminal law and international labour law. A special feature concerns the interplay between children’s rights and private international law, in particular, with the instruments developed by the Hague Conference on Private International Law. It also examines the scope of children’s rights as protected by the United Nations Convention on the Rights of the Child (CRC), the African Charter on the Rights and Welfare of the Child (ACRWC), the Constitution of Zimbabwe (2013) and the Zimbabwean legislation that seek to protect children’s rights. Additionally, this module seeks to scrutinize the ideas and attitudes towards children on one hand and family dynamics, educational practices, socio-economic structures as well as cultural and social differences on the other hand. In ensuring that the rights of children are respected, regardless of their status in the society a variety of theories and assumptions will also be considered. The module canvasses the following topics: • The historical background of children’s rights and child rights theories • Conceptions of childhood and the evolving capacities of the child • International law and the monitoring structures • Domestication of children’s rights in Zimbabwe • The administration of juvenile justice • HIV/AIDS and children’s rights • Combating child poverty and exploitation • The African customary law and children’s rights • Child victims of armed conflict • The rights of children with disabilities • Refugee children under the African Human Rights System • Inter-country adoption and child abduction

LM609 Disability Rights Law Persons with disabilities (PWDs) are a historically disadvantaged group. Prejudice, exclusion and discrimination remain common experiences for PWDs. In many jurisdictions, Zimbabwe included, the nexus between disability and exclusion is well established and maintained. Thus PWDs continue to be sidelined in national developmental agendas and in community life. In this module, the focus is on disability as a legal category with implications for the rights of PWDs. Students will be taught various concepts and theories of disability rights with the aim of showing how the law constructs and regulates the lives of PWDs. In essence, historical approaches and contemporary arguments pertaining to disability are discussed within the context of national laws, policies and institutions addressing disability rights. Further, regional and international laws directly and indirectly addressing disability are explored and unpacked. Emphasis will be placed on state obligations under the United Nations Convention on the Rights of Persons with Disabilities (CRPD), the major law that addresses PWDs at the international level. Overall, the module seeks to provide learners with a legal, conceptual and practical understanding of the rights of PWDs. The module will cover the following topics: • Conceptualization of disability rights • Protection of disability rights under the global framework: The United Nations Convention on the Rights of Persons with Disabilities and other relevant global treaties • State reporting, UN special procedures and the functions of the UN Committee on the rights of PWDs • Protection of disability rights under regional human rights frameworks: The African, European and Inter-American Regional Human Rights Systems • The Zimbabwean legal, policy and institutional framework for the realisation of the rights of PWDs (and a historical trajectory of the development of the laws, policies and institutions). • Comparative perspectives (African, Arabic, European, Inter-American jurisdictions) • Vulnerabilities and Inter-sectionalities • PWDs and legal capacity • Contemporary arguments in disability rights law, policy and reform LM610 Comparative Constitutional Law This module introduces students to the study of constitutional law through the lens of comparative law. Students are introduced to the theoretical foundations of comparative constitutional law, and to the rich diversity of constitutional law in the world today, aiming at a better understanding of the working of constitutions and of the work constitutions do in different political, socio-economic settings and historical periods. This is important particularly in the Zimbabwean context in light of the recent constitutional developments. The module provides a foundation for a structural approach to constitution making and constitution interpretation. By using a comparative approach, students will examine the possibilities and limits of modern constitutions. The theoretical, methodological, and case study dimensions of the module are concerned with the ways in which ‘similar’ topics of constitutional law are understood, negotiated, and produced differently by different actors in and around different constitutional systems. The topics to be covered in this module include the following: • Introduction to comparative constitutional law Constitutions and constitutionalism • Comparative constitutional law methodologies • Comparative analyses of the constitutions of the world • Pluralism and constitutional guarantees of democracy • Human rights in world constitutions • The constitutional regulation of the separation of powers in world constitutions • The executive, legislative and judicial structures in constitutional systems of the world • Judicial review models in world constitutions

LM611 Constitutional and Human Rights Litigation This Module focuses on the central ways in which constitutional claims are actually litigated in Zimbabwe. The bulk of the course looks at constitutional litigation, procedures, institutions, jurisprudence, and the interface with human rights law. It further develops a framework for the appreciation of the convergence of constitutional law and its application and enforcement of human rights protection in Zimbabwe. Focus is also on enforcing rights in Africa after exhausting internal remedies. This module examines Constitutional and Human Rights litigation inclusive of the following topics:- • Review of human rights legislation in Zimbabwe, and African human rights system. • Government liability for the acts of individual offcials. • Examination and analysis of human rights remedies (remedies for constitutional violations). • Prospects for further developments in remedies. • Constitutional and human rights litigation procedures and claims. • Pleading aspects in human rights matters. • Preparing and proving human rights claims. • Enforcing mechanisms of human rights. • Procedural aspects of human rights with focus on the international and regional human rights systems.

LM612 Constitutional Property Law The module is rooted on the convergence between constitutional law and property rights law. It enables students to appreciate mainstream debates emerging from the conflict between private property rights and governmental interests in land reform, land tenure reform and land redistribution in the public interest. It further provides an opportunity for students to understand the rights discourse in constitutional property law within a domestic regional and international context. Topics to be covered include: • The evolution and history of constitutional property law in Zimbabwe • Constitutional property and the legal system • The scope, meaning and nature of constitutional property law in Zimbabwe • The constitutional land rights clause • Expropriation, compulsory acquisition and compulsory deprivation • Property Rights and the Constitutional Limitation Clause • Land Reform legal framework- Land Acquisition, Land Redistribution/Resettlement Land Tenure Reform • Judicial interpretation of constitutional property in Zimbabwe • Regional and International Perspectives

LM613 Advanced International Humanitarian Law The relationship between international humanitarian law and international human rights law has been a subject of discussion in recent years. This is mainly because of three important factors: frst, many of contemporary conflicts straddle across both the law enforcement and armed conflict paradigms, second, human rights law continues to apply in armed conflict wherein international humanitarian law is the lex specialis and third, some of the military weapons that are being developed end up being used in law enforcement situations to which international human rights law is applicable. The focus of this module is on contemporary international humanitarian law issues that have human rights implications and how such issues can be understood from a humanist perspective which considers the concept of humanity as the foundational basis of both international humanitarian law and international human rights law. The following are the main topics that will be covered under this module: • The social, religious and philosophical underpinnings of humanitarian law and human rights law • The concept of humanity and dictates of public conscience as the foundational basis of humanitarian law and human rights law • Contemporary conflicts and challenges • The challenge of qualifying contemporary armed conflicts e.g the global war on terror – an armed conflict or rhetoric? A law enforcement situation? How to choose the applicable regime, targeting of suspected terrorists – a possible violation of due process rights • The impact of contemporary conflicts on social and economic rights • Means and methods of warfare – implications of sophisticated weapons on human rights • Advent of new sophisticated weapons – the role of human rights law in the review of new weapons in terms of Article 36 of Additional Protocol I to the Geneva Conventions. • Unmanned weapon systems, drones, autonomous weapon systems and their implications on the right to life and dignity. Is it in line with the right to dignity when an autonomous weapon system or a robot makes a decision as to who dies and who lives? • Nano-technology, cyber warfare and their ramifcations on human rights • The dangers of the new military technologies being used in law enforcement situations – human rights implications on the use of force and the need for human judgment. • Post armed conflict and human rights • Women, peace and security – women’s rights in the peace building process after conflict – participation – why should they and how they should. • Accountability of international humanitarian law violations as a human rights issue – the victim’s right to remedy and the obligation of the responsible state.

LM614 Dissertation Students are required to produce and submit dissertation (thesis) of between 20 000 and 25 000 words at the end of the third (fnal) semester for examination. The dissertation shall be done over a period of two semesters. Topics for dissertation shall be carefully chosen and students are required to defend, justify, and explain their topics in vivas before a panel composed of Faculty members. Research proposals shall be submitted and students are expected to proceed with the dissertation once approval to do so is granted. With regards to dissertation examination, at least one internal and one external examiner shall be nominated by the Faculty Higher Degrees Committee to evaluate the dissertation

2020 BLENDED GRADUATION CEREMONY LIVE STREAM

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Norway's health minister accused of plagiarism in latest ethics scandal to rock the government

An academic probe said on thursday that norways health minister ingvild kjerkol plagiarised parts of her masters degree thesis three years ago, the second such case this year in the norwegian government and the latest allegation of unethical behaviour to rock the centre-left government.the investigation by nord university in bodoe, northern norway, found kjerkols 2021 thesis contained far more serious errors than sloppiness, norwegian broadcaster nrk reported..

An academic probe said on Thursday that Norway's Health Minister Ingvild Kjerkol plagiarised parts of her masters' degree thesis three years ago, the second such case this year in the Norwegian government and the latest allegation of unethical behaviour to rock the centre-left government.

The investigation by Nord University in Bodoe, northern Norway, found Kjerkol's 2021 thesis contained “far more serious errors than sloppiness'', Norwegian broadcaster NRK reported. The broadcaster said the probe's conclusion was to deprive Kjerkol of her master's degree in health management.

The 48-year-old Kjerkol did not comment on Thursday. But she has previously rejected the allegations, saying she and a co-author did not copy to parts of another student's thesis from 2015.

Kjerkol has been in office since October 2021 when Prime Minister Jonas Gahr Store presented a coalition government of his own Labor party and the junior Centre Party.

The conclusion of Thursday's probe immediately prompted the opposition to urge Gahr Store to say whether he has trust in Kjerkol.

Jan Tore Sanner, a senior member of Norway's main opposition party, Hoeyre, told Norwegian news agency NTB, that the prime minister must address “the matter of confidence” in Kjerkol.

Sylvi Listhaug, the leader of the anti-immigrant Progress Party, also called on Gahr Store to “assess whether he has confidence in her''.

Kjerkol is the second government member to be entangled in academic plagiarism allegations this year. In January, Sandra Borch stepped down as minister for research and higher education after a student discovered that parts of Borch's master's thesis, including spelling mistakes, were copied without attribution from a different author.

Gahr Store's coalition has seen the departure of several ministers in recent months over other wrongdoings. In September, it was revealed that the husband of then Foreign Minister Anniken Huitfeldt had been trading in stocks for years behind her back and that could potentially enrich her.

The ruling social democratic Labour party was defeated in September in local elections by the Hoeyre for the first time since 1924. The party, which for decades was Norway's largest party in local elections, came in second in the September 11 elections for local councils in Norway's 356 municipalities and 11 counties.

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