Law and Development-- POEC 6379

Class # 1265

Murray J Leaf

UTDallas, Spring 2010

Syllabus last updated 12 Apr 2010

Office: GR 3.128     Office Tel: 2732 Hm: 972 964-0094

Classroom: CBW 1.101


Time: Th 7-9:45    

Office Hours: by appointment.  

Scholars, politicians, administrators, and the educated public in general increasingly recognize that long-term societal development must come from within a country or region.  It must be "organic."   Organic growth, in turn, depends on establishing an effective, responsible, government, rule of law, and effective economic regulation. Moreover, this legal regime cannot be merely national; it must be international. This course reviews the experiences that lie behind this realization, the issues and organizations it involves, and the steps being taken to implement it at international and national levels.


Since this is only the second time I have offered this course, it is still under development. I expect to adjust it to reflect the interests and backgrounds of those who register. 

It is now widely recognized in professional development circles that development is not primarily an economic matter, and cannot be brought about simply by economic policies and actions.  It is primarily a matter of institution building, and institution building both involves law and requires law.  But law is a large and complex subject, so we have to ask what law, in what order, and by what means?  These questions are the concern of this course. The recordings are from the last time the course was offered.  I will leave them up for reference until we come to that topic, then replace them.  Grading will depend on reports in class (30%) and a substantial paper, at least 20 pages (70%). Since a main purpose of the course is to let students explore whether they want to pursue research in this area, the most likely format for the paper is as a research proposal.


The listing below is not week by week but topic by topic; we will move at whatever pace we can without getting swamped by the material. We may not cover all the topics; and we might add topics in place of those listed.  I will update the syllabus to reflect changes we agree on as we proceed.


Recordings are .mp3 files.  To download them, right click. You should then see an option to "download linked file".  Click on it. When the file is downloaded, add the  .mp3 (dot m p 3) to the end of the name. It should then play automatically with a media player like Windows Media Player if you click to open it.




1.  International Development Law Organization (IDLO)

Look over IDLO website, and readings from IDLO to see what is of interest to you. We will discuss your interests in class. The following papers are from the IDLO website. They may not be accessible on the website because it is being somewhat remodeled. Browse them and we will talk about them.

International Development Law Organizations; WTO and Human Rights, Development Jurists; Soutwick, Srebrenica as Genocide; McInerny, Emerging Regulatory Framework for Human Rights; McKinernyUSBriberyLaw; AntiCorruptionManagementSystem.

Recording of first meeting.


2. Legal Philosophy


This unit is fundamental legal theory--the most important views of what law is and what law does.  The readings are in C. Morris. The Great Legal Philosophers. We will probably read the selections from Grotius, Montesquieu, Savigny, Ihering; Austin, Ehrlich, Cardozo, and Pound

Recording of Cardozo, Pound, and First of IDLO from Spr 2006.

Recording of presentations on Grotius, Montesquieu and Savigny Jan 28 2010.

Recording of presentations on Austin and Ijering 4 Feb 2010

Links to presentations for 19 Feb:

Hegel     Holmes (powerpoint)    Ehrlich    Pound    Cardozo

Recording of discussions of Cardozo and Pound and possible unit on corporations  (missed first hour)


3. Corporations and Law of Corporations in Development

We are adding a unit on corporations and relevant law for Thursday March 4.  I have forgotten who is doing what. Please email me.


Laski article in JSTOR  Steve


Shmitthof article:  The Origin of the Joint-Stock Company Author(s): M. Schmitthoff Source: The University of Toronto Law Journal, Vol. 3, No. 1 (1939), pp. 74-96 Published by: University of Toronto Press Stable URL:  Adrianna


The link to the McInerny article suggested by Jawad should be on the IDLO website:   Jawad.


Recording for 4 Mar 2010


4. International Law Organizations--we will skip this unit and go to the next for 9 March. But look at these and see if you want to come back to them. 

IDLO (self-description and look at its training programs;


Center for International Sustainable Development Law


International Law Institute.


The United Nations and the development of international law (this site focuses on international civil and criminal law, but it has a pull down menu for other UN law websites).


International law links page at the University of Kent. Excellent resouces.


SOSIG international law links and guide page.


U of Cal Berkeley Law School international law page.


International Institute of Humanitarian Law.


4. Constitutional Law/ Rule of Law.  This meeting will be in my office, GR 3.128. March 12.


I assume you have read the US constitution, but in case not here is a good online text in a site with lots of background information:


By Contrast, here is the 1939 constitution of the Soviet Union:


 And for another contrast look at the Constitution of India. You wont be able to read the whole thing or understand it, but get a sense of why. Look especially at the treatment of the powers of the President to invoke President’s Rule, Fundamental Rights in Part III, paying special attention to Article 31,  the powers of the Parliament to amend the constitution, and the Ninth Schedule.


The Japanese Parliament’s account of the development of the present constitution of Japan:


The Helsinki Accords: The Helsinki Final Act.

Recording of Discussion of USSR and Indian Constitutions.


Also, Steve wants to add the paper from Hyack:

The title is The Use of Knowledge in Society. AER. 1947.


5.  Transitions

Amsden, Alice; Kochanowicz, Lance Taylor: The Market Meets it s Match: Restructuring of the Economies of Eastern Europe. Harvard University Press.

Murrell, Peter. Assessing the Value of Law in Transition Economies. Ann Arbor: University of Michigan Press, 2001.

Wikipedia article on post-soviet transition looks good:;jsessionid=3qinqqhn3bg0h?dsid=2222&dekey=Economy+of+Russia&sbid=lc07a&linktext=Economy%20of%20post-Soviet%20Russia


6. Legislative Drafting--since we have spent more time on legal theory, we will probably skip this

US legislative drafting office for House of Reps with links to states:

Texas Manual:

Also for Texas:


Indian Bureau of Parliamentary Studies and Training (for comparison):

Project Dial (Development of the Internet for Asian Law)

International Law Institute list of online legislative drafting materials:


7. Land Reform/Development assistance/Water

Radical views:

Short ODI paper on land reform:

Council on Foreign Relations website on land reform:

I have a review of land reform in the different Indian states in Pragmatism and Development.

 Manchester University Peasant transformation site (with a lot of information on Mexico):

American website (Arizona law firm) on Mexican land law (looks good):

FAO review of contemporary land reform measures.


Wisconsin Land Tenure Center land reform in Mexico review:

Good looking paper on land titling for ejidos:

International Water Law Project

One possible film on the Narbada project is Dam/Age. Aradhana Set. Icarus films.

Article in The Hindu on the dam. This is a major paper.

Two possible films are Drowned Out (Spanner Films, 75 minutes) and Narmada a Valley Rises about a protest march against the dam.


8. Enforcement in the international context--for the week of April 16.


The Charter of the UN. Chapter III defines the Organs, which include the Security Council. Chapter V describes the Security Council. Chapters VI and VII, dealing with disputes and breaches of peace, describe its powers.                       Jesse. Focus on why the security council?


This appears to be a report of the Carnegie Commission on Preventing Deadly Conflict, reviewing the sanctioning powers of the UN and especially the SC:     Jonathan


International court of justice                    Adrianna


UN Security Council Resolutions on Iraq (archive of anti-sanctions group).

Chronology of sanctions on Libya:     In class we assigned this to Steve, but he is overloaded and wants to do what he had been  unable to present last week. Here is a link to his paper.  Read it in advance so we can discuss it.  Here is a link to the book at Amazon:


The Adverse Consequences of Economic Sanctions on the Enjoyment of Human Rights.  This is a review of sanctions with three case studies by the Global Policy Forum. 

It is probably too much for us to read, but looks good. GPF is an NGO recognized by the UN, both watchdog and supporter.


Rubia is going to describe Interpol.  This is the offiical website. The Wikipedia article on interpol looks good.


BONUS  This is the link to the speech on economic rights that Jawad was asking about.  It says quite a lot about the mutual relation between democracy and prosperity.

9. WTO

WTO website:

Public Opposition to WTO (one of many)



US Government site on WTO


U of ChicagoLibrary site on WTO


No recording from 8 April 2010


10. Taxation

I am not finding what I thought I remembered as a taxation institute at Syracuse.  I’ll look some more, but meanwhile the above is enough.




Morris, Clarence. The Great Legal Philosophers. Pittsburg: U of Pittsburg Press.


 Lauren, Paul Gordon. 2003. The Evolution of International Human Rights. Philadelphia: U. of Pennsylvania Press. (This is a truly excellent treatment of the topic.)

Vago, Steve. 2006. Law and Society. Eighth edition. Upper Saddle River, NJ: Pearson Prentice Hall.


Other sources on the web:

Yale Human Rights and Development Law Journal.


American Society of International law, including online resource guide.


International Water Law Project


World Bank Law Resource Center


Land related publications of WB at Law Resource Center:



You should be able to play the class recordings back with the Windows Media Player. If you cannot, this is a site that lets you download the Sony plugin for it:


The following material is added in response to SACS accreditation requirements. While slightly inappropriate in an advanced course of this type, it does no harm.


Grading Policy

The weighting of the assignments in the final grade is 30% for the class discussion assignments (you will do analytic reports and lead the discussion) and 70% for the paper.



Course & Instructor Policies

Since the exams will be takehome, I cannot think of any possible reason to fail to hand it in on time.  There are no “extra credit” or make-ups.   



No Field Trips


The following statements are standard for all syllabi and come from general UTD rules. They are required in response to accreditation critiria of the Southern Association of Colleges and Schools.

Student Conduct & Discipline


The University of Texas System and The University of Texas at Dallas have rules and regulations for the orderly and efficient conduct of their business.  It is the responsibility of each student and each student organization to be knowledgeable about the rules and regulations which govern student conduct and activities.  General information on student conduct and discipline is contained in the UTD publication, A to Z Guide, which is provided to all registered students each academic year.


The University of Texas at Dallas administers student discipline within the procedures of recognized and established due process.  Procedures are defined and described in the Rules and Regulations, Board of Regents, The University of Texas System, Part 1, Chapter VI, Section 3, and in Title V, Rules on Student Services and Activities of the university’s Handbook of Operating Procedures.  Copies of these rules and regulations are available to students in the Office of the Dean of Students, where staff members are available to assist students in interpreting the rules and regulations (SU 1.602, 972/883-6391).


A student at the university neither loses the rights nor escapes the responsibilities of citizenship.  He or she is expected to obey federal, state, and local laws as well as the Regents’ Rules, university regulations, and administrative rules.  Students are subject to discipline for violating the standards of conduct whether such conduct takes place on or off campus, or whether civil or criminal penalties are also imposed for such conduct.


Academic Integrity


The faculty expects from its students a high level of responsibility and academic honesty.  Because the value of an academic degree depends upon the absolute integrity of the work done by the student for that degree, it is imperative that a student demonstrate a high standard of individual honor in his or her scholastic work.


Scholastic dishonesty includes, but is not limited to, statements, acts or omissions related to applications for enrollment or the award of a degree, and/or the submission as one’s own work or material that is not one’s own.  As a general rule, scholastic dishonesty involves one of the following acts:  cheating, plagiarism, collusion and/or falsifying academic records.  Students suspected of academic dishonesty are subject to disciplinary proceedings.


Plagiarism, especially from the web, from portions of papers for other classes, and from any other source is unacceptable and will be dealt with under the university’s policy on plagiarism (see general catalog for details).  This course will use the resources of, which searches the web for possible plagiarism and is over 90% effective.


Email Use

The University of Texas at Dallas recognizes the value and efficiency of communication between faculty/staff and students through electronic mail. At the same time, email raises some issues concerning security and the identity of each individual in an email exchange.  The university encourages all official student email correspondence be sent only to a student’s U.T. Dallas email address and that faculty and staff consider email from students official only if it originates from a UTD student account. This allows the university to maintain a high degree of confidence in the identity of all individual corresponding and the security of the transmitted information.  UTD furnishes each student with a free email account that is to be used in all communication with university personnel. The Department of Information Resources at U.T. Dallas provides a method for students to have their U.T. Dallas mail forwarded to other accounts.

Withdrawal from Class


The administration of this institution has set deadlines for withdrawal of any college-level courses. These dates and times are published in that semester's course catalog. Administration procedures must be followed. It is the student's responsibility to handle withdrawal requirements from any class. In other words, I cannot drop or withdraw any student. You must do the proper paperwork to ensure that you will not receive a final grade of "F" in a course if you choose not to attend the class once you are enrolled.


Student Grievance Procedures


Procedures for student grievances are found in Title V, Rules on Student Services and Activities, of the university’s Handbook of Operating Procedures.


In attempting to resolve any student grievance regarding grades, evaluations, or other fulfillments of academic responsibility, it is the obligation of the student first to make a serious effort to resolve the matter with the instructor, supervisor, administrator, or committee with whom the grievance originates (hereafter called “the respondent”).  Individual faculty members retain primary responsibility for assigning grades and evaluations.  If the matter cannot be resolved at that level, the grievance must be submitted in writing to the respondent with a copy of the respondent’s School Dean.  If the matter is not resolved by the written response provided by the respondent, the student may submit a written appeal to the School Dean.  If the grievance is not resolved by the School Dean’s decision, the student may make a written appeal to the Dean of Graduate or Undergraduate Education, and the deal will appoint and convene an Academic Appeals Panel.  The decision of the Academic Appeals Panel is final.  The results of the academic appeals process will be distributed to all involved parties.


Copies of these rules and regulations are available to students in the Office of the Dean of Students, where staff members are available to assist students in interpreting the rules and regulations.


Incomplete Grade Policy


As per university policy, incomplete grades will be granted only for work unavoidably missed at the semester’s end and only if 70% of the course work has been completed.  An incomplete grade must be resolved within eight (8) weeks from the first day of the subsequent long semester.  If the required work to complete the course and to remove the incomplete grade is not submitted by the specified deadline, the incomplete grade is changed automatically to a grade of F.


Disability Services


The goal of Disability Services is to provide students with disabilities educational opportunities equal to those of their non-disabled peers.  Disability Services is located in room 1.610 in the Student Union.  Office hours are Monday and Thursday, 8:30 a.m. to 6:30 p.m.; Tuesday and Wednesday, 8:30 a.m. to 7:30 p.m.; and Friday, 8:30 a.m. to 5:30 p.m.


The contact information for the Office of Disability Services is:

The University of Texas at Dallas, SU 22

PO Box 830688

Richardson, Texas 75083-0688

(972) 883-2098 (voice or TTY)


Essentially, the law requires that colleges and universities make those reasonable adjustments necessary to eliminate discrimination on the basis of disability.  For example, it may be necessary to remove classroom prohibitions against tape recorders or animals (in the case of dog guides) for students who are blind.  Occasionally an assignment requirement may be substituted (for example, a research paper versus an oral presentation for a student who is hearing impaired).  Classes enrolled students with mobility impairments may have to be rescheduled in accessible facilities.  The college or university may need to provide special services such as registration, note-taking, or mobility assistance.


It is the student’s responsibility to notify his or her professors of the need for such an accommodation.  Disability Services provides students with letters to present to faculty members to verify that the student has a disability and needs accommodations.  Individuals requiring special accommodation should contact the professor after class or during office hours.


Religious Holy Days

The University of Texas at Dallas will excuse a student from class or other required activities for the travel to and observance of a religious holy day for a religion whose places of worship are exempt from property tax under Section 11.20, Tax Code, Texas Code Annotated.

The student is encouraged to notify the instructor or activity sponsor as soon as possible regarding the absence, preferably in advance of the assignment.  The student, so excused, will be allowed to take the exam or complete the assignment within a reasonable time after the absence: a period equal to the length of the absence, up to a maximum of one week. A student who notifies the instructor and completes any missed exam or assignment may not be penalized for the absence. A student who fails to complete the exam or assignment within the prescribed period may receive a failing grade for that exam or assignment.

If a student or an instructor disagrees about the nature of the absence [i.e., for the purpose of observing a religious holy day] or if there is similar disagreement about whether the student has been given a reasonable time to complete any missed assignments or examinations, either the student or the instructor may request a ruling from the chief executive officer of the institution, or his or her designee. The chief executive officer or designee must take into account the legislative intent of TEC 51.911(b), and the student and instructor will abide by the decision of the chief executive officer or designee.

These descriptions and timelines are subject to change at the discretion of the Professor.