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Kevin C. Kennedy

Kevin C. Kennedy
[Hi-Res Photo]
Professor of Law
Law College Building
648 N. Shaw Lane Rm 426
East Lansing, MI 48824-1300
517-432-6896
kenne111@law.msu.edu

After four years of private practice in Hawaii, Professor Kennedy served as a law clerk at the U.S. Court of International Trade in New York. After his clerkship he was a trial attorney for the U.S. Department of Justice in Washington, D. C. where he was responsible for international trade litigation. Before joining the Law College faculty in 1987, he was an assistant professor of law at St. Thomas University Law School in Miami, Florida.

Professor Kennedy has written more than 50 law review articles and book chapters, primarily in the area of international trade regulation. In addition to his law review articles, he has written a casebook, International Trade Regulation, published by Aspen Publishers in 2009; a monograph, Competition Law and the World Trade Organization; and co-authored an international trade law treatise, World Trade Law. Professor Kennedy has conducted international trade training programs in China, Egypt, Nigeria, and Uganda, has consulted the governments of Kenya, Vietnam, and Sri Lanka on international trade regulatory issues, and was a foreign legal consultant in Seoul, South Korea. In addition to his teaching and scholarship Professor Kennedy serves as a NAFTA Chapter 19 binational dispute settlement panelist. In 2008 he was awarded a Fulbright grant to teach and lecture in Sri Lanka.

LL.M. Harvard Law School, 1982; J.D., magna cum laude, Wayne State University, 1977; B.A., with distinction, University of Michigan, 1973

  • Conflict of Laws
    (Formerly DCL 460) Students who have taken Topics in Conflict of Laws (550A) may not take this course. Conflict of Laws is divided into three parts: (1) personal jurisdiction, (2) choice of law, and (3) full faith and credit to sister-state and foreign-country judgments. The course begins with an examination of the personal jurisdiction of courts and limitations on the exercise of that jurisdiction. The issues to be considered include the following: Where may suit be brought? Given two or more choices of forum, where is it best to bring suit? Next, the course addresses issues concerning the recognition and enforcement of sister-state judgments, as well as foreign country judgments. Finally, the course examines the body of common law known as choice of law. The issues we will address include the following: (1) Which states' rule of decision (substantive law) in a multi-state setting is to be applied to resolve a particular dispute, for example, a dispute over a contract entered into in State A but to be performed in State B, or a multi-state tort, such as negligence? (2) When may a state apply its own law to resolve a dispute without violating the Constitution? (3) When must a state apply federal law or the law of a sister state to resolve a dispute? (4) When must federal courts apply state law to resolve a dispute? The subject of Conflict of Laws is now tested on the essay portion of the bar exam in more than half the states, including Michigan.
  • International Civil Litigation
    (Formerly DCL439) The context of this course is the litigation of claims involving private plaintiffs against both private defendants, who may reside in or be citizens of different countries, and against defendants that are foreign governments or governmental entities. The course will cover the following topics: (1) suing foreign defendants in U.S. courts, also known as personal jurisdiction; (2) choosing the proper forum, including forum non conveniens and forum selection clauses; (3) jurisdiction to prescribe, also known as legislative jurisdiction, including the extraterritorial application of U.S. law; (4) international judicial assistance, including service of process abroad and the taking of evidence abroad; (5) claims against foreign states, foreign sovereign immunity, and the act of state doctrine; and (6) the recognition and enforcement of foreign judgments and U.S. judgments abroad. Several international conventions will be studied, including the Hague Convention on Service Abroad and the Hague Convention on Taking Evidence Abroad. This course replaces International Litigation and Arbitration effective fall 2009. Students enrolled in this course are not eligible to enroll in Civil Litigation Practice and Procedure for Foreign Lawyers.
  • International Commercial Arbitration
    International commercial arbitration is the most popular alternative dispute settlement mechanism for resolving disputes between parties arising out of international commercial transactions. The basic goal of this course is to give students a thorough understanding of the international commercial arbitration process and the role of national courts in supporting that process. The rules of international commercial arbitration institutions, such as the International Chamber of Commerce, and international conventions on commercial arbitration will be studied, including the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards. The UNCITRAL Model Law on International Commercial Arbitration -- enacted by more than 60 countries -- will also be examined.
  • International Trade Regulation
    (Formerly DCL 368) The course has as its primary focus the international trade regime of the World Trade Organization to which the United States and 144 other countries are parties. The following topics are covered in this course: - Introduction: Why trade? Why not protect? - An overview of the GATT-WTO system - WTO dispute settlement - The unconditional, most-favored-nation obligation - Tariff bindings - The national treatment obligation - The prohibition on quantitative restrictions (quotas) - Transparency of national laws and regulations - Regional trade arrangements (customs unions and free trade areas) - Special and differential treatment of developing countries - Trade in agricultural goods, including farm subsidies - Trade and the environment - Human, animal, and plant health and safety issues - Trade and labor rights - The General Agreement on Trade in Services - The Agreement on Trade-Related Aspects of Intellectual Property Rights - The new agenda: trade and investment, trade and competition policy

Hawaii, Michigan

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Books

International Trade Regulation: Readings, Cases, Notes, and Problems (Aspen Publishers 2008)

The First Decade of NAFTA: The Future of Free Trade in North America (Transnational Publishers 2004). Contributing author and editor-in-chief. Conference proceedings held at Michigan State University College of Law, October 16-17, 2003.

Competition Law and the World Trade Organisation: The Limits of Multilateralism (monograph, Sweet & Maxwell, 2001)

World Trade Law: The GATT-WTO System, Regional Arrangements, and U.S. Law (LEXIS Law Publishing, 1998 with 1999 Supplement). Treatise co-authored with Professor Raj Bhala, University of Kansas School of Law

Book Chapters

International Trade: Sustainability as a Multilateral, Bilateral, and Regional Effort, in Agenda for a Sustainable America (Environmental Law Institute, Peter Whitten & John Dernbach eds., 2008)

The World Trade Organization: Ultimate Arbiter of International Sanitary and Phytosanitary Standards? in Agricultural Standards: The Shape of the Global Food and Fiber System (Jim Bingen & Lawrence Busch eds., Springer Publishing 2006)

The North American Agreement on Environmental Cooperation, in International Encyclopedia of Laws -- Environmental Law (Kluwer Law International 2006)

The Institutional Provisions of the North American Free Trade Agreement, in International Encyclopedia of Laws - Intergovernmental Organizations (Kluwer Law International 2006)

GATT 1994, in The World Trade Organization: Legal, Economic and Political Analysis (Patrick Macrory, Arthur Appleton & Michael Plummer eds., Springer Publishing 2005)

Special and Differential Treatment of Developing Countries, in The World Trade Organization: Legal, Economic and Political Analysis (Patrick Macrory, Arthur Appleton & Michael Plummer eds., Springer Publishing 2005)

Law Review Articles

The Trade-Environment-Sustainable Development Triad in the Doha Round Negotiations and in Recent U.S. Trade Policy, 18 Indiana Int’l & Comp. L. Rev. (forthcoming 2009)

The Doha Round Negotiations on Agricultural Subsidies, 36 Denv. J. Int’l L. & Pol’y 335 (2008)

Parallel Proceedings at the WTO and under NAFTA Chapter 19: Whither the Doctrine of Exhaustion of Local Remedies in DSU Reform? 39 Geo. Wash. Int’l L. Rev. 47 (2007)

The 2005 TRIPS Extension for the Least-Developed Countries: A Failure of the Single Undertaking Approach? 40 Int’l Law. 683 (Fall 2006)

The Incoherence of Agricultural, Trade, and Development Policy for Sub-Saharan Africa: Sowing the Seeds of False Hope for Sub-Saharan Africa’s Cotton Farmers?XIV Kansas J.L. & Pub. Pol. 307 (2005)

The FTAA Negotiations: A Melodrama in Five Acts, 1 Loyola U. Chicago Int’l L. Rev. 121 (2004) (republished in Ralph Folsom, Michael Gordon & David Gantz, NAFTA and Free Trade in the Americas, A Problem-Oriented Coursebook 816-24 (2005))

A WTO Agreement on Investment: A Solution in Search of a Problem? 24 U. Pa. J. Int’l Econ. L. 77 (2003)

Reforming Farm Trade in the Next Round of Multilateral Trade Negotiations, 35 J. World Trade 1061 (2001)

International Trade in Agriculture: Where We’ve Been, Where We Are, and Where We’re Headed, 10 MSU-DCL J. Int’l L. 1 (2001)

Why Multilateralism Matters in Resolving Trade-Environment Issues, VII Widener L. Symp. J. 31 (2001)

Foreign Direct Investment and Competition Policy at the World Trade Organization, 33 Geo. Wash. Univ. Int’l L. Rev. 585 (2000)

Resolving International Sanitary and Phytosanitary Disputes in the WTO: Lessons and Future Directions, 55 Food & Drug L.J. 81 (2000)

The First Twenty Years of the Headlee Amendment, 76 U. Detroit-Mercy L. Rev. 1031 (1999)

Market Openings in the Telecommunication Goods and Services Sectors, 33 Int’l Law. 27 (1999)

The GATT-WTO System: Environmental Friend or Foe? 1 J. Int’l Wildlife L. & Pol’y 217 (1998)

The Illegality of Unilateral Trade Measures to Resolve Trade-Environment Disputes, 22 Wm. & Mary Envtl. L. & Pol’y Rev. 375 (1998) (excerpts republished in International Law Today, (Anthony D’Amato & Jennifer Abbassi eds. West Publishing 2006)

The GATT-WTO System at Fifty, 16 Wis. Int’l L.J. 421 (1998)

Equitable Remedies and Principled Discretion: The Michigan Experience, 74 U. Detroit-Mercy L. Rev. 624 (1997)

Conditional Approval of Treaties by the U.S. Senate, 19 Loyola L.A. J. Int’l & Comp. L. 89 (1996)

Reforming U.S. Trade Policy to Protect the Global Environment: A Multilateral Approach, 18 Harv. Envtl. L. Rev. 185 (1994)

The International Law and Politics of Agricultural Trade, 2 J. Int'l L. & Prac. 307 (1993)

Twelfth Annual Survey of Sixth Circuit Law, Survey of Civil Procedure, 1991 Detroit Coll. L. Rev. 523

International Commercial Arbitration Legislation in the State of Michigan: A Proposal, 1990 Detroit Coll. L. Rev. 867

Congressional-Executive Tensions in Managing the Arms Control Agenda -- Who's in Charge? 16 N.C.J. Int'l L. & Com. Reg. 15 (1991)

Sixth Circuit Survey of Civil Procedure, 1990 Detroit Coll. L. Rev. 305

Worker, Industry, and Government Adjustment Under the Canada-U.S. Free Trade Agreement, 1989 Detroit Coll. L. Rev. 805

The Canadian and U.S. Responses to the Subsidization of International Trade: Toward a Harmonized Countervailing Duty Legal Regime, 20 L. & Pol'y Int'l Bus. 683 (1989)

Binational Dispute Settlement Under the Canada-U.S. Free Trade Agreement, 13 Md. J. Int'l L. & Trade 71 (1988)

The Constitution and On-Site Inspection, 14 Brooklyn J. Int'l L. 1 (1988)

Zenith Radio Corp.: The Nadir of the U.S. Trade Relief Process, 13 N.C.J. Int'l L. & Com. Reg. 227 (1988)

Abandoning the Deference Rule in ITC Interpretations of the Antidumping Duty Law, 13 Syracuse J. Int'l L. & Com. 21 (1987)

Voluntary Restraint Agreements: A Threat to Representative Democracy, 11 Hastings Int'l & Comp. L. Rev. 1 (1987)

The Accession of the Soviet Union to GATT, 21 J. World Trade L. 23 (1987)

Presidential Authority Under Section 337, Section 301, and the Escape Clause: The Case for Less Discretion, 20 Cornell Int'l L.J. 127 (1987)

Civil Penalty Proceedings Under Section 592 of the Tariff Act of 1930, 10 Fordham Int'l L.J. 147 (1987)

An Examination of Domestic Subsidies and the Standard for Imposing Countervailing Duties, 9 Loy. L.A. Int'l & Comp. L.J. 1 (1986)

Stretching the Long-Arm in Asahi Metal Indust. Co. v. Superior Court: Worldwide Jurisdiction After World-Wide Volkswagen? 4 B.U. Int'l L.J. 327 (1986)

Treaty Interpretation by the Executive Branch: The ABM Treaty and "Star Wars" Testing and Development, 80 Am. J. Int'l L. 854 (1986)

Jurisdictional Conflicts in Grey Market Goods Litigation: The Failure of the Customs Courts Act of 1980, 9 Houston J. Int'l L. 1 (1986)

Misbranding and the Opportunity to Cure Under the Petroleum Marketing Practices Act, 7 J. Energy L. & Pol'y 241 (1986)

Judicial Review of Commerce Department Antidumping Duty Determinations: Deference or Abdication? 11 N.C.J. Int'l L. & Com. Reg. 19 (1986)

A Proposal to Abolish the U.S. Court of International Trade, 4 Dick. J. Int'l L. 13 (1985)

Causation Under the Escape Clause: The Case for Retaining the "Substantial Cause" Standard, 3 Dick. J. Int'l L. 185 (1985)

A Critical Appraisal of Criminal Deterrence Theory, 88 Dick. L. Rev. 1 (1983)

A Critique of United States Nuclear Deterrence Theory, 9 Brooklyn J. Int'l L. 35 (1983)

Bar Journal Articles

Federal Labor Law Preemption and Hawaii's Work Injury Discharge Law, 16 Haw. B.J. 32 (1981)

The Model Law on International Commercial Arbitration: It's Time for Michigan to Adopt It, 72 Mich. B. J. 192 (1993)

Practitioner Guides

Invalidity of Foreign Arbitration Agreement or Arbitral Award, 31 Am. Jur. Proof of Facts 3d 495 (1995)

Essays

There Is Much Work to Be Done, 1 J. Int'l L. & Prac. 17 (1992)

We Need A Fresh Start: Repeal the Seventh Amendment, 1991 Detroit Coll. L. Rev. 1289

Book Reviews

Globalization and Its Discontents by Joseph Stiglitz, 35 Geo. Wash. Int’l L. Rev. 251 (2003)

Fairness in International Law and Institutions, Thomas M. Franck (Oxford Univ. Press 1995), 560 Annals Am. Acad. Pol. & Soc. Sci. 202 (1998)

Down in the Dumps: Administration of the Unfair Trade Laws, Richard Boltuck & Robert Litan, eds. (Brookings 1991), 27 Int'l Law. 233 (1993)

Other Professional Publications

A Legal History of the Softwood Lumber Dispute (in a Nutshell), 52 Forest Science No. 4 (August 2006)


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