News Types: Press Releases

Student Opportunity: Enroll in Fall 2017 International Commercial Arbitration Course

International Commercial Arbitration

International commercial transactions almost invariably require international arbitration of disputes; so the transnational lawyer should know this area of practice. This course seeks to equip students with the knowledge and skills necessary to advise clients, draft adequate arbitration agreements, spot bad ones, and advise on enforcement of international arbitration awards. More generally, international arbitration represents one area where states have delegated a judicial function to private individuals. Those arbitrators enjoy wide discretion, act as judge and jury and render globally portable awards that suffer minimal state oversight. Understanding the terms of that delegation, which differ from country to country, will allow students to appreciate what can, and should, be left to private ordering of disputes. The course will address the major topics in international arbitration: its contractual nature; the “who (court or arbitrator) decides” question; choice of law; arbitrator selection; the role of international treaties; and review and enforcement of arbitration agreements and awards. Student performance is evaluated on a final exam, with a substantial portion of the grade dependent on class participation.

REGISTER

Class Details

Monday 3:45 – 6:55 pm TNH 3.126
Final 12/20/17

ADDITIONAL INFORMATION

Course Type
Grading Method
Pass/Fail Not Allowed
Will use floating mean GPA if applicable

TEXTBOOKS

  • International Arbitration: Cases and Materials – Born Aspen Casebook Series
      Wolters Kluwer, edition: 2nd
    ISBN: 978-1-4548-3920-0   (required)
  • International Arbitration: Documentary Supplement – Born
      Wolters Kluwer, edition: 2nd
    ISBN: 978-1-4548-6280-2   (required)

Prof. Alan Scott Rau Gives Prestigious Hague Academy Lectures in 2017

Texas Law Professor Alan Scott Rau, who holds the Mark G. and Judy G. Yudof Chair in Law, is presenting a series of lectures this summer at the Hague Academy of International Law. He is only the second member of the School of Law faculty ever to be honored with this invitation, and the first in over 30 years. (Prof. Russell Weintraub lectured before the Academy in 1984.) Prof. Rau’s talks, grouped under the title “The Proper Allocation of Power Between Arbitral Tribunals and Courts,” are being presented in the Academy’s second session of courses, on Private International Law, in the first half of August.

Prof. Rau is an internationally-recognized expert in contracts and a specialist in international arbitration matters. He has spoken on the topic in recent years in Paris, Madrid, Oslo, Santiago, and, just last November, in London.

The Hague Academy was originally conceived over a century ago, at the Hague Conference of 1907, at a time when the concept of “peace through law” was novel and urgent. The Academy was officially founded in 1923 by the Dutch lawyer Tobias Michael Carel Asser, who seeded the enterprise with funds he earned by being awarded the Nobel Peace Prize in 1911. (Ironically, Asser’s plan to open the Academy as early as 1914 was thwarted by the eruption of the world war.)

“For nearly a century, the Hague Academy has been the epicenter of sophisticated international law learning and research,” notes Prof. Robert Chesney, the Charles I. Francis Professor in Law and the Associate Dean for Academic Affairs.  “It is a rare and precious distinction to lecture there, and one that is especially suited to Professor Rau—an immensely cosmopolitan and influential scholar of international arbitration.  It is a proud moment for Texas Law!”

One part of the honor of delivering these lectures is having the text of them printed and archived for reference in the Academy’s signature publication, the Recueil des Cours (the Collection of Courses.) As Peter Trooboff, Senior Counsel at Covington & Burling LLP in Washington, D.C., and a member of the Curatorium of the Hague Academy, as well as the Chairman of the Academy’s Committee on Publications, says, “The Recueil is truly a unique source of scholarship and ideas for research in the international law field.  Because of the importance of the Recueil and the courses which have appeared in its pages, leading academics in the fields of private and public international law greatly value an invitation to lecture at the Academy. Professor Rau follows in the footsteps of the only other Texas Law faculty member to lecture at the Academy, the late Professor Russell J. Weintraub, whose course on ‘Functional Developments in Choice of Law for Contracts’ was published in 1984 in Vol. 187 of the Recueil.”

In addition to teaching about these matters here at Texas Law, Prof. Rau teaches Alternative Dispute Resolution, and serves as an affiliated faculty member with the Kay Bailey Hutchison Center for Energy, Law and Business, an interdisciplinary joint venture of the School of Law  and the McCombs School of Business. Indeed, Prof. Rau was instrumental in laying the intellectual and structural groundwork for the center’s founding and development.

Alan played a key role in creating the law school’s Center for Global Energy, International Arbitration, and Environmental Law, the precursor to the KBH Center,” says Melinda Taylor, the center’s Executive Director and a Senior Lecturer at the law school. “He saw an opportunity to harness the expertise of distinguished law alumni who were practicing in the international arbitration area and expand Texas Law’s academic contributions and course offerings. He continues to serve as an advisor to the KBH Center, giving advice about our international projects and priorities.”

Prof. Rau was on a research leave for the Spring 2017 semester but will return to the classroom to teach his Arbitration Seminar and Alternative Dispute Resolution in the fall. “In the meantime,” Prof. Rau says, “it’s always gratifying to receive recognition from one’s peers—by which I mean those who are obsessed with the same sort of things I am—and always pleasant to be listened to, particularly in settings like this.”

TAMEST Shale Task Force Briefs Texas House Energy Resources Committee on Report

The Academy of Medicine, Engineering and Science of Texas (TAMEST) recently released a comprehensive report on the impacts of shale oil and gas development in TexasRead a press release about the report.

Members of the TAMEST Shale Task Force represent a diverse set of experts from academia, environmental organizations, the oil and gas industry and state agencies. (PRNewsfoto/The Academy of Medicine…)

On Wednesday, July 26th, members of the TAMEST Shale Task Force and TAMEST President Gordon England briefed the Texas House Energy Resources Committee at the Texas Capitol about the findings of the report, focusing on key highlights from the overall report as well as from the seismicity, water and transportation chapters. The hearing was open to the public and available via video recording.

Professor Melinda Taylor, the associate director of the Kay Bailey Hutchison Center for Energy, Law, and Business at The University of Texas at Austin and a TAMEST Task Force member, served as the lead on Chapter 4 of the report, which describes the effects of shale development on Texas’ land resources. In addition to Professor Taylor, Land chapter authors include Joseph Fitzimmons of Uhl, Fitzsimons, Jewett & Burton, PLLC, and Tracy Hester of the University of Houston Law Center.

“Shale oil and gas development will likely continue for decades to come in Texas and other parts of the world; it’s critical to share our experience and leverage what we’ve learned here,” said Gordon England, TAMEST president. “We hope this briefing can help lawmakers and others find ways to enhance the positive impacts of shale development while reducing or mitigating negative ones.”

About the TAMEST Shale Task Force
The TAMEST Shale Task Force takes a cross-disciplinary approach, bringing together a diverse set of experts from academia, environmental organizations, the oil and gas industry and state agencies to achieve a balanced, informed consensus on the impacts of shale oil and gas development. This task force is the first state-level effort of its kind, and was guided by a spirit of investigation, collaboration and transparency.

TAMEST convened and sponsored a task force for this project. It brought together 19 of the state’s top experts to produce a report that provides science-based information on what Texas has learned from its experience in shale oil and gas development.

Learn more: www.tamest.org/shale-task-force/

About The Academy of Medicine, Engineering and Science of Texas(TAMEST)
The Academy of Medicine, Engineering and Science of Texas (TAMEST) is the state’s premier scientific organization, bringing together Texas’ best and brightest scientists and researchers. TAMEST membership includes all Texas-based members of the National Academies of Sciences, Engineering, and Medicine and the state’s Nobel Laureates.

Learn more: www.tamest.org

Research Spotlight: Prof. David Adelman, School of Law

By Gary Rasp

In a way, David Adelman is a classic example of the East Coast kid who goes West in search of greener pastures.

Raised in in the cosmopolitan city of Toronto, Adelman attended the prestigious Ontario Science Centre’s Science School for his last semester of high school, where he studied biology, chemistry and physics.

It was natural fit for someone who had always excelled in math and science and was ready for a challenge.

“It made going to college easy, it was such an intense program,” he recollects. “All the core courses on steroids.”

The next fall, Adelman crossed the continent for the enlightened wilderness of Oregon, where he continued his academic studies at Reed College, a small liberal arts school in Portland.

It was in Oregon, and a few years later, in Northern California, where nature’s wonders revealed in him a great reverence for the outdoors, paving the way for a lifelong fascination with environmental issues.

Today, as a professor in UT’s School of Law, Adelman teaches environmental law and a graduate course in energy development and policy. The multi-disciplinary class is comprised of students from the university’s business, law and engineering schools and centers around a case study that pushes them to develop viable solutions to real-world problems.

“It’s really fun,” Adelman says from his sixth-floor office in Jesse H. Jones Hall.

Well known for its rich Humanities curriculum, by the time Adelman arrived in the mid-1980s Reed College had also developed a strong reputation for the natural sciences. To this day, he remembers taking an exceedingly difficult organic chemistry class during his sophomore year.

“If you could make it through that class, you could get through the program,” he says.

At Reed, Adelman was required to produce an undergraduate thesis; his paper, Spectral Maneuvers in the Dark, was a take-off on the pioneering British electronic band, Orchestral Manoeuvres in the Dark.

“It was typical at Reed to have some goofy name for your thesis,” he says. “I was studying the spectroscopy of organic metallic compounds – using light to excite a molecule … and by doing that, examine the nature strength of the bonds” within the molecules.

After graduating from Reed with a B.A. in chemistry and physics, Adelman moved a few hundred miles south to attend Stanford University, where he earned a Ph.D. in Chemical Physics in 1993.

“We were using lasers to study the dynamics of very simple chemical reactions; basically looking for quantum-mechanical effects associated with them.”

About this time, Adelman’s longtime aptitude for the natural sciences gave way to a growing interest in public policy. While at Stanford, the two fields of study merged, eventually laying the groundwork for a career in environmental protection and energy research.

While he found his graduate work in atmospheric chemistry intellectually stimulating – and had even lined up a postdoctoral fellowship at the Jet Propulsion Laboratory in Los Angeles – Adelman resolved that a law degree would give him the skills he needed to pursue his desire to interpret environmental law and help shape effective energy policy.

“I just wasn’t sure that I wanted to be in a lab for the rest of my life,” he recalls with a laugh. “It was a huge change, though.”

Adelman’s experiences growing up in Canada and living on the West Coast played a big role in his decision to attend law school, as did the emergence of hot-button environmental issues, such as stratospheric ozone depletion.

“We realized that these issues were even more challenging than scientists initially had thought,” he recalls.

In the summer of 1995, following his second year of law school, Adelman interned at the Natural Resource Defense Council (NRDC) in Washington, D.C.

It was during the so-called Gingrich Revolution, a tumultuous time to be living in the nation’s capital and a period of turmoil for those committed to environmental protection, he notes.

“It was a shift that we’re still seeing the repercussions from today.”

Fresh out of Stanford, Adelman clerked for the federal District Court Samuel Conti in San Francisco, an eye-opening experience that helped refine his worldview.

In school, “you study the legal system and legal procedure, and it’s all pretty abstract,” he observes. “Going to work for a judge, you see how it all actually plays out; you see it in a very concrete form.”

“It was great; I loved it.”

Adelman then returned to the East Coast after accepting a position as an associate at Covington and Burling law firm in Washington, DC, where he worked on intellectual property and patent litigation and environmental regulatory compliance matters, including international regulation under the Kyoto Protocol on climate change.

“It was intense, but for a place to start out as a young lawyer it was fabulous,” he remembers.

A year later, NRDC came calling, offering Adelman a position as staff attorney in the non-profit organization’s nuclear and public health programs division. After a couple of years, he was promoted to senior attorney, where he litigated complex environmental cases, presented Congressional testimony, and lobbied on issues related to regulation of toxic substances and radioactive wastes. He also developed a program on agricultural biotechnology, and worked with industry to promote environmentally sound practices.

After four years in D.C., Adelman was offered a teaching position at the University of Arizona. His advocacy work for environmental protection had been intense – “like drinking water out of a fire hose,” he recalls – but it was time to move on and reflect on the issues that he had immersed himself while at NRDC.

“I was interested in getting a broader perspective on things, and academic work would allow for that,” he says.

Arizona had “an incredibly strong environmental science program, and fabulous faculty,” he adds, “and Tucson is a wonderful place.”

When not teaching and conducting research, Adelman reacquainted himself with the western wilderness, hiking and climbing in the nearby Catalina Mountains and in the Grand Canyon.

After seven years in Arizona, and gaining tenure, Adelman came to UT Austin in fall of 2009.

“The size and resources of UT are hard to beat,” he says, adding that the university’s historic law school and a faculty steeped in energy research were strong attractions.

With its abundant natural resources, legendary oil and gas production, and remarkable growth in wind energy, Texas was the ideal spot to further his energy research and continue teaching.

“Texas is the most sophisticated and challenging place to work” in energy, he says. “One of the great things about being here is the sophistication of the technical … business … developer community. They’re all on the cutting edge.”

“If you can solve things (here), you can deal with them anywhere.”

At UT, Adelman’s research focuses on the interface between law and science. He is particularly interested in “the tensions between legal and scientific evidentiary standards in regulatory decision making.”

Over the years, he has written articles on such topics as the implications of emerging genomic technologies for toxics regulation, the tensions between legal and scientific evidentiary standards in regulatory decision-making, and development of effective policies for promoting innovation relevant to addressing climate change.

Go here for a complete list of Prof. Adelman’s publications.

He also remains interested in nuclear energy, and regrets the contentiousness that tends to surround public debate of the issue.

“I wish we could think more rationally about the tradeoffs of nuclear power,” he says.

The price of wind and solar have dropped so much, Adelman notes, that a prevailing narrative suggests there is no need for carbon capture and sequestration, or for nuclear power, because they’re both so expensive. In addition, high-profile catastrophes such as the 2011 Fukushima disaster have made nuclear a non-starter for many.

If the U.S. could somehow push the cost of nuclear down – by adopting a power plant design now employed in South Korea to streamline the construction process, for example – nuclear could be cost competitive, Adelman muses.

“With very high penetration rates for renewables, you reach a point where you need some kind of baseload, or at least flexible” form of generation, which could well be nuclear, he says.

To examine these and other issues more deeply, Adelman is working with colleagues in the McCombs School of Business and Cockrell School of Engineering to build economic models that explore several scenarios under varying types of energy policies and cost estimates for various sources of electricity generation. The paper, which he hopes will be published next fall, will include analyses based on data from several regional transmission organizations, including Texas, California, the Midwest and New England.

“We’re creating model grids for each of those areas in part because they have very different generation mixes and different load profiles,” he says.

The benchmarking analysis examines the cost of electricity generation under policies such as a Renewable Portfolio Standard and a price on carbon.

The work already is producing some interesting results, he says. For example, it appears that a carbon tax is likely to be far more effective a policy than a Renewable Portfolio Standard in reducing carbon dioxide emissions per kilowatt-hour.

“Even with a modest carbon price, say $20 (per ton), we’re seeing a build-out of 40 to 50 percent” of electricity generation from solar in Texas, he says.

“I think it will be a really cool study.”

When not at work, Adelman – unsurprisingly – tends to spend his time outdoors. Each summer, he spends a few weeks in Telluride, Colorado, hiking and mountaineering.

“It’s gorgeous,” he says. “You can literally walk out your door and start climbing.”

Spoken like an Eastern kid who came of age out West.

Gary Rasp is Communications Director for UT Austin’s Energy Institute.

Maria Gallucci named 2017-18 UT Energy Journalism Fellow

AUSTIN – Maria Gallucci, a science reporter with Mashable, has been awarded the UT Energy Journalism Fellowship for 2017-18.

Gallucci will spend her year on The University of Texas at Austin campus researching and writing a book on the global shipping industry’s transformation to a low-carbon future.

“Maria has a strong record as a reporter covering important energy and environmental issues,” said Energy Institute Director Dr. Tom Edgar. “We look forward to having her on campus and providing her the opportunity to interact with UT’s energy experts and write her book.”

Formerly an energy and environment reporter with International Business Times and features editor with Makeshift magazine, Gallucci succeeds National Public Radio reporter Lorne Matalon, who has reported on the challenges and opportunities Mexico faces following its recent energy reforms.

The Fellowship, which provides journalists a sabbatical from the grind of daily deadlines to pursue a long-form writing project such as a book or screenplay, is sponsored by the university’s Energy Institute and Kay Bailey Hutchison Center for Energy, Law & Business. Gallucci’s fellowship will run from September 1, 2017 – August 31, 2018.