ILNews

Changing world inspires law school program

Back to TopCommentsE-mailPrintBookmark and Share

The recently announced dual degree J.D./LL.B. program by the Indiana University Maurer School of Law and Jindal Global Law School in India is still in the planning stages, but to many legal professors and professionals, the program promises to be a boon for students interested in practicing international law. Although several programs exist where students can study abroad for a finite period while pursuing their Juris Doctor, the Maurer-Jindal program will be the first of its kind in India.

The impetus for the program was globalization, as more and more U.S. companies establish global outposts and more and more foreign companies open offices in the U.S. Dr. C. Raj Kumar, vice chancellor of Jindal, explained the reasoning behind going beyond the study abroad programs offered by many law schools.

“U.S. corporations are having a huge presence in India and other countries, so training and establishing an understanding of a single jurisdiction alone may not be sufficient for equipping the future generation of lawyers,” he said. “Obviously, it’s not possible to have the same level of training in every jurisdiction, but a certain degree of knowledge and perspectives is essential, and that’s precisely what this does.”

Legal frontier

Lawyers practicing international law face challenges as varied as the legal systems found across the globe. One of the biggest challenges is the speed with which international law has become so integral to businesses and the people affiliated with them. In the past 30 years, international law has morphed into an entity that encompasses more than just mergers and acquisitions.

silver-carole-mug.jpg Silver

“It has so many influences on the legal profession and legal practice and how many ways it influences and shapes society generally,” said Maurer School of Law professor Carole Silver. “How many linkages are there between businesses that might be clients of lawyers and business activities, sales forces, marketing and communication overseas with regard to individuals? How much more mobile are individuals today and how does that implicate the need for law and lawyering? Mobility means travel, it means living overseas, it means immigrating, it means coming to Indiana and other places for study that may or may not turn into long-term stays in the United States. It has all kinds of implications.”

Politics also influence the spike in international law, as acts that have been on the books for years suddenly have gained importance to the role the U.S. plays in international trade. The Foreign Corrupt Practices Act, a U.S. law against bribery of foreign public officials to obtain or retain a business advantage, was passed in 1977. In as recently as 2000, there was just one enforcement action that resulted in a $300,000 fine. By 2010, however, dozens of FCPA enforcement actions resulted in more than $1 billion in fines.

trent sandifur Sandifur

“Obviously the more globalization there is, the more potential there is for international bribery,” said Trent Sandifur, a partner at Taft Stettinius & Hollister, whose practice is built on FCPA. “It’s become more of an enforcement priority largely because the department of justice and (the U.S. Securities and Exchange Commission) view it as a way to help developing countries … come out of a culture where bribery is much more accepted and a tolerated way of doing business. My job is to help companies set up programs to help employees and distributors and sales agents in remote areas of the world put procedures in place to prevent it.”

As such, the approach to practicing international law can vary. There are those like Sandifur who work from the U.S. with people overseas, and people who work with corporations that have branches in the U.S. or those traded on a U.S. exchange.

“That could be a U.S. client that wants to do a joint venture in China or Vietnam or a Vietnamese client that wants to invest in the United States with site selection or something like that,” said Pete Morse, co-chair of the global services practice group at Barnes & Thornburg. “Both are very different disciplines.”

pete morse Morse

Many large U.S. firms have opened overseas offices in jurisdictions where they have sufficient clientele, yet they, as well as firms without foreign offices, rely on a network of lawyers who offer services to those from outside their jurisdiction.

“When we’re working in a country where we don’t have an office, we work with an affiliation called Lex Mundi, and it has prescreened law firms for us that meet certain quality standards,” said Jackie Simmons, partner and co-leader of the international law practice at Faegre Baker Daniels. “All of the Lex Mundi affiliated law firms have agreed to work together as seamlessly as possible. That’s one way to get to know lawyers in other jurisdictions pretty well.”

International foundation

For those who are practicing international law now, those who look to practice it in the future, and those charged with teaching it, its foundation lies in cultural understanding. Approaching legal situations with as much knowledge about a particular foreign culture as possible gives attorneys in this field an edge.

“Respect the other party’s culture as well as their laws,” Simmons said. “You need to understand something about their culture. When I first started negotiating in China in 1995, and someone would tell me something would be very, very difficult, to an American, that’s just a challenge. To a Chinese person that means there’s no way the government is going to approve that. But they culturally cannot say there’s no way, so they will say it in a way that to them means no. You have to learn those cultural nuances.”

jackie simmons Simmons

The IU-Jindal dual degree program is a step toward gaining cultural understanding from the beginning. Similar programs with countries other than India only can facilitate greater familiarity with foreign legal systems and build cultural sensitivity and understanding. A student exchange program between IU and Jindal University already exists, and students interested in establishing an international law practice are encouraged to study a foreign language to improve communication, complete a summer program at an overseas firm, or work in a firm where international law is a specialty.

“Some of the best, most qualified candidates are those who make the ultimate investment and go work overseas for a period of time,” Morse said. “If someone was to say, ‘After law school I’m going to go to Hong Kong, Delhi, London or Munich and I’m going to work as a solicitor in one of these firms,’ that is a lot more attractive because you’re going to learn the language, you’re going to learn the culture. It’s really just putting yourself in the minds of the client and learning what the average bear doesn’t know.”•

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Ah yes... Echoes of 1963 as a ghostly George Wallace makes his stand at the Schoolhouse door. We now know about the stand of personal belief over service to all constituents at the Carter County Clerk door. The results are the same, bigotry unable to follow the directions of the courts and the courts win. Interesting to watch the personal belief take a back seat rather than resign from a perception of local power to make the statement.

  2. An oath of office, does it override the conscience? That is the defense of overall soldier who violates higher laws, isnt it? "I was just following orders" and "I swore an oath of loyalty to der Fuhrer" etc. So this is an interesting case of swearing a false oath and then knowing that it was wrong and doing the right thing. Maybe they should chop her head off too like the "king's good servant-- but God's first" like St Thomas More. ...... We wont hold our breath waiting for the aclu or other "civil liberterians" to come to her defense since they are all arrayed on the gay side, to a man or should I say to a man and womyn?

  3. Perhaps we should also convene a panel of independent anthropological experts to study the issues surrounding this little-known branch of human sacrifice?

  4. I'm going to court the beginning of Oct. 2015 to establish visitation and request my daughters visits while she is in jail. I raised my grandchild for the first two and half years. She was born out of wedlock and the father and his adopted mother wantwd her aborted, they went as far as sueing my daughter for abortion money back 5mo. After my grandchild was born. Now because of depression and drug abuse my daughter lost custody 2 and a half years ago. Everyting went wrong in court when i went for custody my lawyer was thrown out and a replacment could only stay 45 min. The judge would not allow a postponement. So the father won. Now he is aleinating me and my daughter. No matter the amount of time spent getting help for my daughter and her doing better he runs her in the ground to the point of suicide because he wants her to be in a relationship with him. It is a sick game of using my grandchild as a pawn to make my daughter suffer for not wanting to be with him. I became the intervener in the case when my daughter first got into trouble. Because of this they gave me her visitation. Im hoping to get it again there is questions of abuse on his part and I want to make sure my grandchild is doing alright. I really dont understand how the parents have rights to walk in and do whatever they want when the refuse to stand up and raise the child at first . Why should it take two and a half years to decide you want to raise your child.The father used me so he could finish college get a job and stop paying support by getting custody. Support he was paying my daughter that I never saw.

  5. Pence said when he ordered the investigation that Indiana residents should be troubled by the allegations after the video went viral. Planned Parenthood has asked the government s top health scientists at the National Institutes of Health to convene a panel of independent experts to study the issues surrounding the little-known branch of medicine.

ADVERTISEMENT