Luz Nagle, Developed a special online class on April 13 on the intersection of COVID-19 and international law. The class was done using Zoom and I reached out to former students to attend the class. Nearly one dozen alumni logged into Zoom to attend the class. I prepared an extensive international timeline of events during the COVID-19 outbreak from December 2019 through April 2020, conducted extensive research, and prepared documents and readings for the class to discuss the following issues: (1) What role does the WHO have in preventing a pandemic? Does any responsibility attach to the WHO for the pandemic? (2) Are States to take primary responsibility to prevent, treat, and control epidemic diseases? (3) Does China have any duties toward other states? Do other States have international duties? (4) Should someone be held responsible for the spread and pandemic of COVID-19? If so who and why? (5) Under international law, did China violate anyone’s rights, or any international treaty or obligation? (the WHO 2005 IHR, the WHO Constitution?) (6) Should there be a role for the UN Security Council, the UN Secretary General? The discussion included discussions of the voluntarist and co-operative character of an international law framework, the law of responsibility under international law, human rights law, ILC work, the role of the WHO, VCLT, the UN, the UN Charter, and the UN Security Council and its relevant Resolutions. We looked at several examples of landmark international litigation regarding state responsibility for damages and liability, including the Trail Smelter case (U.S. v. Canada), the Pulp Mills case (Argentina v. Uruguay), Nuclear Tests case (Australia v. France), Advisory Opinion on Legality of the Threat or Use of Nuclear Weapons (1996), and the ILC Work: 2001 Draft Articles on the Prevention of Transboundary Harm. The points selected to guide our discussion were: (1) Is the harm caused by the coronavirus covered by the Draft Articles? See Article 1 and Commentary. If so, why? (2) States have a duty to prevent “significant” transboundary harm emanating from their territories, regardless of who caused it or the lawfulness of the activity generating it. What does ‘significant’ imply? Is it something more than “detectable”, but need not be at the level of “serious” or “substantial”? Does it encompass a low probability of causing disastrous transboundary harm or a high probability of causing significant transboundary harm? See, Art. 2 Comment 4 at 152. (3) Under article 2 and Commentary: What is China required “to prevent, stop and redress?”; What does the “no-harm principle require China to do? (4) Looking at Draft Articles on Prevention, at 153-154, is China required to prevent or stop the harm? (5) When does the obligation to prevent arise? See Draft Articles on Prevention, at 155, Commentary to Article 3, para 18. (6) What are the appropriate measures to discharge China’s duty to prevent transboundary harm? Is China obligated to employ measures, or is doing so voluntary? (7) Are all States required to act under the no-harm principle, or only China? Does action depend on a State’s responsibility for the harm? Are non-state entities required to act? (8) Does the no-harm principle cover viruses which may be considered as an “accident or a natural disaster”?, International Law, April 2020
Teaching Innovations
Luz Nagle, Developed a final project in which the students write a Human Trafficking Compliance Manual for a private company. Private sector companies are at risk of inadvertently supporting human trafficking. There are increasing allegations that companies use forced labor to build components, extract raw materials, and assemble products. We also read reports of abuse of workers by construction companies and the fishing industry. The growing complexity of supply chains and a greater focus on the issue by regulators, human rights organizations, and some federal and state governments have made this a heightened risk for companies. To address it, some have turned to drafting supplier codes of conduct. In the United States, the Trafficking Victims Protection Act “provides ways to prosecute entities and individuals who indirectly support the actions of traffickers. Additionally, several federal regulations have created mandates for certain companies to have corporate human trafficking compliance programs. Failure to comply with such mandates results in fines, and additional criminal and civil liability exposure.” Worldwide, many countries have implemented a variety of legislation affecting corporations. Companies must answer several questions, such as what should do to ensure that they see the red flags to avoid risks? What rules and regulations do they need to be mindful of in the countries they operate, including in the United States? Each student assume the role of in-house counsel for a multinational company/industry of his/her choice. Through a process of drafting and professor feedback using Teams,the final submission of a compliance manual includes presenting the manual to the class and taking questions (which this semester was done online using Zoom). For the Manual, each student must: Draft policies and procedures to meet the regulatory, legal, and fiduciary obligations of the company or industry you represent; Provide advice on how to conduct business per regulations and any applicable laws; and; Give instruction on how to monitor and verify that the company-industry follows the policies and procedures and that they are effective.Among the issues to addres:Human trafficking risks that the industry/company has in the particular country of operation (corruption related to human trafficking, labor/sex trafficking, any other related risk).The specific risk(s) factor(s) they will have in the countries where they have operations (with suppliers, subcontractors, international and domestic laws/regulations), Human Trafficking, January 2020
Luz Nagle, Group exercises • Students are divided into small groups to work throughout the semester. Groups must be diverse (from different countries, gender, race, etc.).• Group exercises foster the following competencies: mentoring and collaboration, leadership, delegation and supervision.• Projects are complex and multilayered to be challenging, engaging, and stimulating. Complexity makes a project difficult for one person alone to complete. Completing a successful task requires “positive interdependence” and active collaboration. The exercises focus on both the process of cooperation and the product. The various projects and exercises are intended to instill in and communicate to the students multiple competencies of a highly successful lawyer. These competencies are based on four pillars: knowledge, skills, behaviors, and values. I develop group exercises for each class in order to foster the following competencies: (1) Collaboration and Mentoring. Each group must include foreign and US students. US JD students are encouraged to mentor the foreign students on U.S. law/issues, and the international students are encouraged to mentor the US JD students on global topics and issues from their countries of origin. Collaboration and mentoring: allows all students to play an important role by strengthening existing skills and expanding one another’s expertise; inspires confidence, honesty, trustworthiness and reliability; improves a student’s ability to request feedback and be receptive to feedback.(2) Leadership, delegation and supervision. Students choose a leader or leaders who is/are keen in understanding others and their strengths and who can coordinate, delegate and supervise. Someone who can make everyone excited about working together is a plus. Leader(s) encourage(s) problem solving, accountability and communication. (3) Managing and controlling the project: This includes assigning team roles, time management, efficiency, and meeting deadlines to obtain high-quality product. Ability to work independently to collaborate with the group (positive interdependence) is key and entails initiative, motivation, effort, and a strong work ethic.(4) Negotiation skills: Students engage in various discussions (on the process and substance) that promote reaching a consensus—which is key to collaboration. Students have choices, beliefs, and views that they will defend through oral or written communication using evidence and analytical reasoning. They will argue respectfully and constructively. They will negotiate by proposing solutions and having a discussion, and by engaging in a dialogue to reach a common vision. (5) Analytical skills: Identify the legal issue from the facts; Apply the law; Draw conclusions; Offer suggestions.(6) Gain legal competency and practical knowledge.(7) Improve research skills.(8) Increase competency in effective written and oral communication. I meet with each group to describe the expectations for teamwork and the role of peer review. Peer review is a crucial element to fostering competencies. Group members realize that their peer is not only a contributing member of the team but one who will encourage cooperation, honesty, trustworthiness and excellence through his/her role as reviewer, International Law, January 2020
Luz Nagle, Group exercises • Students are divided into small groups to work throughout the semester. Groups must be diverse (from different countries, gender, race, etc.).• Group exercises foster the following competencies: mentoring and collaboration, leadership, delegation and supervision.• Projects are complex and multilayered to be challenging, engaging, and stimulating. Complexity makes a project difficult for one person alone to complete. Completing a successful task requires “positive interdependence” and active collaboration. The exercises focus on both the process of cooperation and the product. The various projects and exercises are intended to instill in and communicate to the students multiple competencies of a highly successful lawyer. These competencies are based on four pillars: knowledge, skills, behaviors, and values. I develop group exercises for each class in order to foster the following competencies: (1) Collaboration and Mentoring. Each group must include foreign and US students. US JD students are encouraged to mentor the foreign students on U.S. law/issues, and the international students are encouraged to mentor the US JD students on global topics and issues from their countries of origin. Collaboration and mentoring: allows all students to play an important role by strengthening existing skills and expanding one another’s expertise; inspires confidence, honesty, trustworthiness and reliability; improves a student’s ability to request feedback and be receptive to feedback.(2) Leadership, delegation and supervision. Students choose a leader or leaders who is/are keen in understanding others and their strengths and who can coordinate, delegate and supervise. Someone who can make everyone excited about working together is a plus. Leader(s) encourage(s) problem solving, accountability and communication. (3) Managing and controlling the project: This includes assigning team roles, time management, efficiency, and meeting deadlines to obtain high-quality product. Ability to work independently to collaborate with the group (positive interdependence) is key and entails initiative, motivation, effort, and a strong work ethic.(4) Negotiation skills: Students engage in various discussions (on the process and substance) that promote reaching a consensus—which is key to collaboration. Students have choices, beliefs, and views that they will defend through oral or written communication using evidence and analytical reasoning. They will argue respectfully and constructively. They will negotiate by proposing solutions and having a discussion, and by engaging in a dialogue to reach a common vision. (5) Analytical skills: Identify the legal issue from the facts; Apply the law; Draw conclusions; Offer suggestions.(6) Gain legal competency and practical knowledge.(7) Improve research skills.(8) Increase competency in effective written and oral communication. I meet with each group to describe the expectations for teamwork and the role of peer review. Peer review is a crucial element to fostering competencies. Group members realize that their peer is not only a contributing member of the team but one who will encourage cooperation, honesty, trustworthiness and excellence through his/her role as reviewer, Human Trafficking, January 2020
Luz Nagle, Use of Student Peer Evaluations The student groups are required to self-grade themselves. Each group member is to evaluate his or her performance and that of the other members. The evaluation has a numerical and narrative section. The narrative supports numerical feedback. The comments allow me to individualize the efforts each student puts into the project and see how and where I need to guide the group or adapt my teaching. The goal of this method: Encourages the students’ sense of responsibility and involvement, assists students to develop skills in independent judgment, and makes the students “own” their task and the results of their efforts, International Law, January 2020
Luz Nagle, Use of Student Peer Evaluations The student groups are required to self-grade themselves. Each group member is to evaluate his or her performance and that of the other members. The evaluation has a numerical and narrative section. The narrative supports numerical feedback. The comments allow me to individualize the efforts each student puts into the project and see how and where I need to guide the group or adapt my teaching. The goal of this method: Encourages the students’ sense of responsibility and involvement, assists students to develop skills in independent judgment, and makes the students “own” their task and the results of their efforts, Human Trafficking, January 2020
2019
Jason Palmer, Created workshop for LL.M students on taking final exams, International Litigation and Arbitration, September 2019
Mark Bauer, Annual Architecture, Urban Planning, and St. Pete History Tour, Property, April 2019
Paul Boudreaux, Taught a session on “How to Disagree” at Stetson’s Professional Development Conference, Professional Development Conference, January 2019
2018
Paul Boudreaux, Advised adjunct and students on how to arrange for teaching assistants., Environmental Practice, June 2018