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Changing world inspires law school program

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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.”•

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  1. I have been on this program while on parole from 2011-2013. No person should be forced mentally to share private details of their personal life with total strangers. Also giving permission for a mental therapist to report to your parole agent that your not participating in group therapy because you don't have the financial mean to be in the group therapy. I was personally singled out and sent back three times for not having money and also sent back within the six month when you aren't to be sent according to state law. I will work to het this INSOMM's removed from this state. I also had twelve or thirteen parole agents with a fifteen month period. Thanks for your time.

  2. Our nation produces very few jurists of the caliber of Justice DOUGLAS and his peers these days. Here is that great civil libertarian, who recognized government as both a blessing and, when corrupted by ideological interests, a curse: "Once the investigator has only the conscience of government as a guide, the conscience can become ‘ravenous,’ as Cromwell, bent on destroying Thomas More, said in Bolt, A Man For All Seasons (1960), p. 120. The First Amendment mirrors many episodes where men, harried and harassed by government, sought refuge in their conscience, as these lines of Thomas More show: ‘MORE: And when we stand before God, and you are sent to Paradise for doing according to your conscience, *575 and I am damned for not doing according to mine, will you come with me, for fellowship? ‘CRANMER: So those of us whose names are there are damned, Sir Thomas? ‘MORE: I don't know, Your Grace. I have no window to look into another man's conscience. I condemn no one. ‘CRANMER: Then the matter is capable of question? ‘MORE: Certainly. ‘CRANMER: But that you owe obedience to your King is not capable of question. So weigh a doubt against a certainty—and sign. ‘MORE: Some men think the Earth is round, others think it flat; it is a matter capable of question. But if it is flat, will the King's command make it round? And if it is round, will the King's command flatten it? No, I will not sign.’ Id., pp. 132—133. DOUGLAS THEN WROTE: Where government is the Big Brother,11 privacy gives way to surveillance. **909 But our commitment is otherwise. *576 By the First Amendment we have staked our security on freedom to promote a multiplicity of ideas, to associate at will with kindred spirits, and to defy governmental intrusion into these precincts" Gibson v. Florida Legislative Investigation Comm., 372 U.S. 539, 574-76, 83 S. Ct. 889, 908-09, 9 L. Ed. 2d 929 (1963) Mr. Justice DOUGLAS, concurring. I write: Happy Memorial Day to all -- God please bless our fallen who lived and died to preserve constitutional governance in our wonderful series of Republics. And God open the eyes of those government officials who denounce the constitutions of these Republics by arbitrary actions arising out capricious motives.

  3. From back in the day before secularism got a stranglehold on Hoosier jurists comes this great excerpt via Indiana federal court judge Allan Sharp, dedicated to those many Indiana government attorneys (with whom I have dealt) who count the law as a mere tool, an optional tool that is not to be used when political correctness compels a more acceptable result than merely following the path that the law directs: ALLEN SHARP, District Judge. I. In a scene following a visit by Henry VIII to the home of Sir Thomas More, playwriter Robert Bolt puts the following words into the mouths of his characters: Margaret: Father, that man's bad. MORE: There is no law against that. ROPER: There is! God's law! MORE: Then God can arrest him. ROPER: Sophistication upon sophistication! MORE: No, sheer simplicity. The law, Roper, the law. I know what's legal not what's right. And I'll stick to what's legal. ROPER: Then you set man's law above God's! MORE: No, far below; but let me draw your attention to a fact I'm not God. The currents and eddies of right and wrong, which you find such plain sailing, I can't navigate. I'm no voyager. But in the thickets of law, oh, there I'm a forester. I doubt if there's a man alive who could follow me there, thank God... ALICE: (Exasperated, pointing after Rich) While you talk, he's gone! MORE: And go he should, if he was the Devil himself, until he broke the law! ROPER: So now you'd give the Devil benefit of law! MORE: Yes. What would you do? Cut a great road through the law to get after the Devil? ROPER: I'd cut down every law in England to do that! MORE: (Roused and excited) Oh? (Advances on Roper) And when the last law was down, and the Devil turned round on you where would you hide, Roper, the laws being flat? (He leaves *1257 him) This country's planted thick with laws from coast to coast man's laws, not God's and if you cut them down and you're just the man to do it d'you really think you would stand upright in the winds that would blow then? (Quietly) Yes, I'd give the Devil benefit of law, for my own safety's sake. ROPER: I have long suspected this; this is the golden calf; the law's your god. MORE: (Wearily) Oh, Roper, you're a fool, God's my god... (Rather bitterly) But I find him rather too (Very bitterly) subtle... I don't know where he is nor what he wants. ROPER: My God wants service, to the end and unremitting; nothing else! MORE: (Dryly) Are you sure that's God! He sounds like Moloch. But indeed it may be God And whoever hunts for me, Roper, God or Devil, will find me hiding in the thickets of the law! And I'll hide my daughter with me! Not hoist her up the mainmast of your seagoing principles! They put about too nimbly! (Exit More. They all look after him). Pgs. 65-67, A MAN FOR ALL SEASONS A Play in Two Acts, Robert Bolt, Random House, New York, 1960. Linley E. Pearson, Atty. Gen. of Indiana, Indianapolis, for defendants. Childs v. Duckworth, 509 F. Supp. 1254, 1256 (N.D. Ind. 1981) aff'd, 705 F.2d 915 (7th Cir. 1983)

  4. "Meanwhile small- and mid-size firms are getting squeezed and likely will not survive unless they become a boutique firm." I've been a business attorney in small, and now mid-size firm for over 30 years, and for over 30 years legal consultants have been preaching this exact same mantra of impending doom for small and mid-sized firms -- verbatim. This claim apparently helps them gin up merger opportunities from smaller firms who become convinced that they need to become larger overnight. The claim that large corporations are interested in cost-saving and efficiency has likewise been preached for decades, and is likewise bunk. If large corporations had any real interest in saving money they wouldn't use large law firms whose rates are substantially higher than those of high-quality mid-sized firms.

  5. The family is the foundation of all human government. That is the Grand Design. Modern governments throw off this Design and make bureaucratic war against the family, as does Hollywood and cultural elitists such as third wave feminists. Since WWII we have been on a ship of fools that way, with both the elite and government and their social engineering hacks relentlessly attacking the very foundation of social order. And their success? See it in the streets of Fergusson, on the food stamp doles (mostly broken families)and in the above article. Reject the Grand Design for true social function, enter the Glorious State to manage social dysfunction. Our Brave New World will be a prison camp, and we will welcome it as the only way to manage given the anarchy without it.

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