Members of the University of Georgia School of Law LL.M. Class of 2025 won the 12th International Commercial & Investment Arbitration Moot Competition hosted by American University Washington College of Law in Washington, D.C. earlier this month. This event was created specifically for LL.M. students to foster the study of international arbitration for the resolution of international business and investment disputes.
There are a variety of acts known as “dark patterns,” such as forcing consumers to register as members when browsing or purchasing products, or obscuring important information for consumers. These acts of dark patterns not only disadvantage consumers and other users, but there are also concerns that they may harm fair and free competition between businesses that use dark patterns and those that do not use such means. It is necessary to consider how to address the issue of dark patterns from the perspective of Antimonopoly Act and competition policy.
This symposium will include speeches and a panel discussion regarding current situation of dark patterns, their regulatory trends and future issues in Japan and abroad, and the way competition policy should approach dark patterns.
Day is an Associate Professor of Legal Studies at the Terry College of Business and holds a courtesy appointment in the School of Law. He is also an Affiliated Fellow at Yale Law School’s Information Society Project as well as the University of North Carolina’s Center for Information, Technology, and Public Life. His research has primarily focused on the intersection of competition, technology, innovation, and privacy as well as the disparate impact of anticompetitive conduct.
Today, we welcome a guest post by Pace Cassell, a member of the University of Georgia School of Law class of 2026. Cassell is the eighth Georgia Law student to participate in a semester-long international externship and the second recipient of a grant from the Halle Foundation to support her externship in Germany. The semester-long externships overseas initiative is an extension of the Center’s existing Global Externships Overseas and is offered jointly between the Center and the law school’s Clinical and Experiential Program. Cassell’s post describes her experience as a legal extern with Baker Tilly, a global professional services network specializing in advisory, tax, assurance, and legal services. Cassell is based in Hamburg, Germany, where she works under Georgia Law alumnus Dr. Christian Engelhardt (LL.M., ’01). Dr. Engelhardt is the Head of IP/IT Legal at Baker Tilly.
Living in Hamburg
I am going to miss so many things I’ve gotten used to during my time here in Hamburg – living on a cobblestone street, taking the U-Bahn all over the city, grabbing a Franzbrötchen on the way to work, and having everything I could need within walking distance.
Hamburg is located on the Elbe River, which connects the city to the North Sea. The Hamburg port is the largest in Germany and has driven much of Hamburg’s industrial and economic development. Within the city are the Alster Lakes, which are surrounded by walking paths and cafes. The swans on the Alster are protected by law and taken care of by the city; Hamburg legend says as long as there are swans on the lakes, the city will be free and prosperous. Due to these bodies of water, Hamburg has more bridges than any other city in the world, and more canals than Venice and Amsterdam combined.
Navigating a new city where you know no one can be daunting, especially when there is a language barrier. I took German classes from elementary school through college, but classroom learning truly does not compare to being immersed in the language the way I have been in Hamburg. The real-life context and direct association of words to concepts allows for faster understanding and retention and makes the learning process feel more intuitive and natural.
While I am still far from fluent, I’m proud of how far I’ve come with my German in such a short time. As philosopher Tomáš Masaryk put it, “As many languages you know, as many times you are a human being.” Language shapes our perception of reality, and learning how another culture expresses thought has been transformative.
Substantive Work and Comparative Perspective
Baker Tilly is an international law firm and has 698 branches, with eleven in Germany alone. The partner I work under, Dr. Engelhardt, focuses his practice on intellectual property, information technology, and data privacy. During my placement, I’ve been able to undertake research assignments ranging from analyzing European Court of Justice opinions, to investigating U.S. sanctions on foreign companies, and comparing American and European policies on artificial intelligence and data privacy.
Prior this experience, I had a vague interest in the General Data Protection Regulation, but I never considered my personal data important enough to merit much consideration. I felt little concern about the use of this data by large companies. However, understanding the principles of transparency, democratization, and fair competition embodied by the European data privacy regime has shifted my thinking and awakened an interest in a new area of law. Data privacy is much more than an abstract policy issue. The collection of our personal information, who can access it, and how it’s used to influence decisions can have significant implications on daily life – from targeted advertising to employment opportunities and even political influence.
More broadly, gaining a comparative perspective has allowed me to not only learn more about German culture but has also provided greater context for understanding my own. Seeing the practical effects of European and German regulations and policies on everyday life has been invaluable, and I never would have been able to gain this perspective had I not spent my semester here. This exposure has deepened my appreciation for the role legal frameworks play in shaping societal norms, and the value in evaluating the law through a global lens, both in a legal workplace and daily life.
Takeaways from the experience
I’ve always been curious about international law, and how American jurisprudence compares to that of other countries. I would recommend a global externship to anyone who shares this fascination. Outside of what you may learn about a legal system directly through doing legal work, living in another country allows you to experience firsthand the nuances of how its laws interact with society at large. Living in Germany has been a dream come true for me, one I’m sure I will continue reflecting on for years to come.
In March, the University of Georgia School of Law partnered with the Washington International Trade Association (“WITA”) to present a webinar about careers in international trade and law. This webinar was part of WITA Academy’s ongoing Pathways to Opportunity Series: Careers in International Trade & Law, through which law students and undergraduates are able to learn about career opportunities in international trade and law from law firms and trade professionals. This webinar featured alumni/ae from Georgia Law and the university.
The webinar included:
Introductions from Diego Añez, Executive Director, WITA Academy; Managing Director, Washington International Trade Association and Kenneth I. Levinson, Chief Executive Officer, Washington International Trade Association
A panel discussion featuring:
Nancy Fischer, Global Head of Regulatory Practices, International Trade Partner, Pillsbury Winthrop Shaw Pittman LLP (B.B.A. The University of Georgia; J.D. Syracuse University College of Law)
Eric Heath, Senior Attorney Advisor, U.S. International Trade Commission (B.A. Lipscomb University; J.D. University of Georgia School of Law, LL.M. University of Edinburgh Law School)
Tina Termei, Director & Associate General Counsel, Amazon | Global Trade, Transportation, Logistics, & Supply Chain (B.A. Emory University; J.D. The University of Georgia School of Law)
Panel moderation from: Desirée LeClercq, Assistant Professor, University of Georgia School of Law and Faculty Co-Director, Dean Rusk International Law Center
During the panel discussion, students were able to gain insights from trade law experts, engage with policymakers and legal practitioners, and explore career opportunities in international trade law from government, companies, and law firms. Students gained a unique perspective on the wide-ranging career paths available in the trade law and policy community, creating connections with key players across both the public and private sectors. All attendees received a free one-year membership to WITA.
A recording of the panel is available to WITA members. To join, email: events@wita.org
LeClercq’s article highlights the pervasive gender-based violence and harassment that female seafarers endure at sea. Furthermore, LeClercq argues the International Labour Organization (ILO) has failed to properly protect workers despite the protections intended by the Maritime Labour Convention, 2006.
Below is an abstract from the article:
“This Symposium contribution assesses the ability of international law to evolve to offer essential protections for workers in an increasingly globalized world. It focuses on protections for women seafarers, specifically around gender-based violence and harassment on board vessels. Even though it is the world’s oldest transnational sector, seafaring remains overwhelmingly male-dominated. Consequently, international law was not initially conceived with women seafarers in mind. Now that women have broken into the maritime profession, they count on international law to evolve in kind. Notwithstanding, they continue to face sexist, if not violent, workplaces, and report high incidents of gender-based violence and harassment at sea.
The international organization responsible for adopting and supervising protections for workers, the International Labour Organization (ILO), has long prioritized the special needs of seafarers. Its Maritime Labor Convention, 2006, promised to ensure holistic protections for all women and men at sea and to quickly adapt with evolving sectoral challenges. A close look at the prevalence of gender-based violence and harassment at sea shows, however, that the ILO’s bureaucratic pathologies and interinstitutional processes preclude it from accomplishing that mission. The ILO’s failure to quickly respond to mounting evidence of that violence and harassment has broad implications for international law, which must absorb and respond to transnational work’s dynamic and fluctuating demands to remain useful and relevant.”
LeClercq joined the University of Georgia School of Law in 2024 as an assistant professor. She teaches International Trade and Workers Rights, International Labor Law, International Law and U.S. Labor Law. This semester, LeClercq is overseeing the International Law Colloquium, a for-credit course designed to introduce students to international economic law through engagement with scholars in the international legal field. She also serves as a faculty co-director of the Dean Rusk International Law Center and as the faculty adviser for the Georgia Journal of International and Comparative Law.
The University of Georgia School of Law’s spring 2025 International Law Colloquium recently welcomed Michigan Law’s Professor of Law Julian Arato, who presented his working paper, “The Institutions of Exceptions.” Timothy Meyer, Professor of International Business Law at Duke University School of Law, served as Arato’s faculty discussant.
Arato currently serves as the Faculty Director of the Center for International and Comparative Law at the University of Michigan School of Law. His research focuses on public international law, international investment law and arbitration, international trade, contracts, corporations, and private law theory. Arato is also a member of the board of editors of the American Journal of International Law.
Below is an abstract of Arato’s working paper:
International economic law binds states’ hands in the interest of liberalizing markets in various ways, including cross border trade in goods and services (trade) and capital (investment). The treaty regimes for both trade and investment do this by disciplining states through legal rules, while preserving a modicum of governmental power over policy. Though not always recognized as such, the preservation of policy space in these regimes typically involves exceptions-style reasoning by adjudicators – formally in the case of most trade and some investment treaties, and informally in the investment treaty regime more generally. This “exceptions paradigm” of justification has worked well in the trade regime, where it has been especially key to securing a workable balance between market disciplines and regulatory policy space in the WTO/GATT context. But it has been less successful at striking a reasonable balance in the investment regime – irrespective of whether the paradigm has been formally codified in an exceptions clause. This Article seeks to explain why, by focusing on the institutions within which this mode of justification is embedded. Certain institutional differences between these regimes help explain the varied success of exceptionalism in trade and investment, in particular: the right of action (public vs private); the degree of judicial centralization (ad hoc arbitration vs court system); and the available remedies (retrospective compensation vs prospective injunctive relief). I argue that it is trade law’s public-oriented institutions that have made the exceptions clause workable – not the other way around. By contrast, investment law’s private-oriented institutions make that system particularly inhospitable to exceptions-style justification.
This year, Professor Desirée LeClercq is overseeing the colloquium, which is designed to introduce students to features of international economic law through engagement with scholars in the international legal field. To view the full list of International Law Colloquium speakers, visit our website.
This program is made possible through the Kirbo Trust Endowed Faculty Enhancement Fund and the Talmadge Law Faculty Fund.
University of Georgia School of Law Christopher M. Bruner was featured by the “Dare to Know!” podcast in March. The episode, titled “Re-Conceptualizing the Corporation: A New Approach,” focused on Bruner’s 2022 Oxford University Press book, The Corporation as Technology: Re-Calibrating Corporate Governance for a Sustainable Future. The interview was conducted by Fabian Corver, a PhD student in philosophy at the University of Groningen in the Netherlands.
Bruner is the Stembler Family Distinguished Professor in Business Law at the University of Georgia School of Law and serves as a faculty co-director of the Dean Rusk International Law Center. His scholarship focuses on corporate law, corporate governance, comparative law and sustainability.
The TANC is an annual competition designed to simulate cross-border legal negotiations, and challenges the students to resolve realistic, complex scenarios involving international business, trade, and political disputes. This year’s competition featured thirty law schools from five continents, including participants from the United States, Brazil, India, Australia, and throughout Europe.
In each round, teams of two had one-hour sessions to collaboratively negotiate client outcomes, which were then evaluated by panels of renowned legal professionals from around the world. Competitors relied on strategy, teamwork, and persuasive communication across cultures. Craft and Unukegwo prepared for the competition under the guidance of Faculty Coach Daniel S. Serviansky.
This year’s symposium focused on critical issues in immigration law and policy as they relate to international law. They explored the following three topics:
The Role of International Law in U.S. Immigration Decisions
Human Rights Obligations and the Treatment of Migrants
Legal Pathways to Citizenship: Challenges and Opportunities
Ringhand teaches courses on constitutional law and election law. She is a nationally known Supreme Court scholar and the author of two books about the Supreme Court confirmation process: Supreme Court Confirmation Hearings and Constitutional Change (with Paul M. Collins) published by Cambridge University Press; and Supreme Bias: Gender and Race in U.S. Supreme Court Confirmation Hearings, (with Christina L. Boyd and Paul M. Collins), forthcoming Fall 2023 with Stanford University Press. She also is the co-author of Constitutional Law: A Context and Practices Casebook, which is part of a series of casebooks dedicated to incorporating active teaching and learning methods into traditional law school casebooks. Ringhand also publishes extensively on election law related issues, and was awarded a Fulbright Distinguished Chair Award at the University of Aberdeen in Scotland to explore the different approaches to campaign finance regulation taken by the United States and the United Kingdom.
exchange of notes 