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PETER L. FITZGERALD |
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rofessor
Fitzgerald teaches Contracts
I & II, International Business
Transactions, International Trade Regulation,
and
International Trade and the Environment. He also
occasionally teaches the Electronic Commerce Seminar
and International Law, and has also
taught shorter subjects in
Stetson's Scandinavian/Baltic
Institute on Emerging Markets and Transitional Democracies summer program
in Tallinn, Estonia, and the St. Mary's University School of Law Innsbruck
Institute on World Legal Problems summer program in Austria.
During the 2003-2004 academic year Professor Fitzgerald was a
Fulbright Scholar and
Visiting Research Fellow at
the AHRB Centre for Studies in Intellectual Property and Information Technology Law
teaching International Trade and Information Technology Law at the University of Edinburgh School of Law
in Scotland. Professor
Fitzgerald is also a recipient of the "Golden Apple" Teaching
Award and the Homer and Dolly Hand Award for Excellence in Faculty
Scholarship.
Professor Fitzgerald writes and speaks widely on international trade and technology matters, and is a co-author of a leading casebook on International Business Transactions. He has appeared before the Congressionally created Judicial Review Commission on Foreign Assets Control, the Cambridge University International Symposium on Economic Crime, the International Bar Association, and the Organization of Commonwealth Caribbean Bar Associations. Appointed to the NAFTA Chapter 19 Bi-National Dispute Panel Roster by the U.S. Trade Representative to hear cases involving anti-dumping and countervailing duty disputes among Canada, Mexico and the United States, Professor Fitzgerald served on Panels reviewing challenges to the Canadian dumping determination in the Certain Household Appliances Case, CDA-USA-2000-1904-03, and the Commerce Department's administrative review of the dumping determination in the Oil Country Tubular Goods Case, USA-MEX-2001-1904-05. Additionally, Professor Fitzgerald was invited to provide evidence to the British House of Lords Economic Affairs Committee in connection with its inquiry into the impact of economic sanctions in the United Kingdom; and he also served as the the only non-European participant in the Swedish Foreign Ministry's Ad Hoc Working Group on Targeted Financial Sanctions, which was formed as an outgrowth of the ongoing intergovernmental "Stockholm Process" aimed at improving the operation of the U.N. Sanctions Committees. The Working Group's findings are published as the Swedish Institute of International Law's Report to the Swedish Foreign Office on Legal Safeguards and Targeted Sanctions.
From 1981 to 1996, Professor Fitzgerald was a member of the IBM Law Department and held a variety of positions at locations in the United States and abroad. This included serving as counsel to IBM's Export Regulation Office in Washington, D.C., with responsibility for the company's worldwide export policy, licensing, and compliance operations. In addition to his other duties in this role, Professor Fitzgerald helped develop training programs and conducted workshops on the regulation of international trade for multinational audiences in thirteen countries on five continents. Professor Fitzgerald also managed the legal office of an IBM Federal Systems Division manufacturing and development facility, served as a competition law specialist at IBM's European Headquarters in Paris, supported regional sales and marketing operations based in Maryland and Georgia, and was a member of the litigation staff at IBM's Corporate Headquarters in Armonk, New York.
Professor Fitzgerald earned his B.A. in Economics from the College of William & Mary in 1973; and his J.D. from the University of California, Hastings College of the Law in 1976, where he served on the editorial board of the Hastings Constitutional Law Quarterly. After graduating from law school, Professor Fitzgerald was a law clerk for the Honorable Patrick E. Higginbotham, who was then a U.S. District Court Judge for the Northern District of Texas. He conducted post-graduate research in comparative law at the London School of Economics & Political Science, and earned his LL.M. in European Legal Studies at the University of Exeter in the United Kingdom in 1981. Prior to coming to Stetson, Professor Fitzgerald was also a member of the adjunct faculty of the George Washington University Law School, where he taught International Business Transactions.
A member of the New York, Texas, and U.S. Supreme Court Bars, as well as the Law Society of England and Wales, Professor Fitzgerald is also a Director of the American Society of Comparative Law and serves on the Advisory Board of the BNA/ACCA Corporate Compliance Manual.
Professor Fitzgerald shares an office with a Golden Retriever named "Hamish," a certified therapy dog who visits at local hospitals and nursing homes.
Professor Fitzgerald's publications include:
Books
International Business Transactions: A Problem-Oriented Coursebook (West's American Casebook Series, 9th Edition 2006) [with Professors Folsom, Gordon, and Spanogle].
International Business Transactions: A Problem-Oriented Coursebook (West's American Casebook Series, 8th Edition 2005) [with Professors Folsom, Gordon, and Spanogle].
Articles, Book Chapters, and Commentary
The International Contracting Practices Survey Project, 27
J. Law
& Commerce ___ (Forthcoming, 2008).[Available
in Adobe PDF format.]
Smarter
"Smart" Sanctions, 26 Penn St. Int'l L.
Rev. 37 (2007).[Available
in Adobe PDF format.]
Compliance Issues Associated with
Targeted Economic Sanctions, in House of Lords
Economic Affairs Committee, The
Impact of Economic Sanctions, Vol. II: Evidence, Second Report of
Session (HL Paper 96-II)(2007), at 149.
[Available
in Adobe PDF format.]
Faculty Viewpoint: It’s Time to
Forget About
The Cuban-Thistle Crisis: Rethinking U.S. Sanctions, 82 Foreign Service Journal 51 (2005) [Available in Adobe PDF format.]
Constitutional Crisis Over the Proposed Supreme Court for the United Kingdom, 18 Temple Int'l & Comp. L. J. 233 (2004) [Available in Adobe PDF format.]
Managing "Smart Sanctions" Against Terrorism Wisely, 36 New England L. R. 957 (2002). [Available in Adobe PDF format.]
Tightening the Screws: The Economic War Against Terrorism, 66 The National Interest 76 (Winter 2001/2002). [Available in Adobe PDF format.]
Hidden Dangers in the E-Commerce Data Mine: Governmental Customer and Trading Partner Screening Requirements, 35 Int'l Lawyer 47 (2001). [Available in Adobe PDF format.]
Drug Kingpins and Blacklisting: Compliance Issues with U.S. Economic Sanctions, (Part 1), 4 J. Money Laundering Control 360 (2001). [Available in Adobe PDF format.]
Drug Kingpins and Blacklisting: Compliance Issues with U.S. Economic Sanctions, (Part 2), 5 J. Money Laundering Control 66 (2001). [Available in Adobe PDF format.]
Drug Kingpins and Blacklisting: Compliance Issues with U.S. Economic Sanctions, (Part 3), 5 J. Money Laundering Control 162 (2001). [Available in Adobe PDF format.]
Drug Kingpins and Blacklists, Judicial Review Commission on Foreign Assets Control, Final Report to Congress, Appendix E: Written Submissions, 25 (2001). [Available in Adobe PDF format.]
Massachusetts, Burma, and the WTO: Blacklisting, Federalism, and Internet Advocacy in the Global Trading Era, 34 Cornell Int'l L. J. 1 (2001). [Available in Adobe PDF format.]
"If Property Rights Were Treated Like Human Rights, They Could Never Get Away With This": Blacklisting and Due Process in U.S. Economic Sanctions Programs, 51 Hast. L.J. 73 (1999). [Available in Adobe PDF format.]
Pierre Goes Online: Blacklisting and Secondary Boycotts in U.S. Trade Policy, 31 Vand. J. Trans. L. 1 (1998). [Available in Adobe PDF format.]
Trade Controls and Economic Sanctions at the End of the Twentieth Century: Another Millennium Bug?, 27 Stetson L.R. 1207 (1998).
Prevention of Liability for Export Control Violations, Chapter 14, BNA/ACCA Corporate Compliance Manual (1994-1996, 1998, 2001).
An English Bill of Rights? Some Observations from Her Majesty's Former Colonies in America, 70 Geo. L. J. 1229 (1982). [Available in Adobe PDF format.]
Note, Executive Agreements and the Intent Behind the Treaty Power, 2 Hast. Con. L. Q. 757 (1975).
International Arbitral Decisions
NAFTA Article
1904 Binational Panel Review: In The Matter Of Oil Country Tubular Goods
From
NAFTA Article
1904 Binational Panel Review: In The Matter Of Oil Country Tubular Goods
From
NAFTA Article
1904 Binational Panel Review: In The Matter Of Oil Country Tubular Goods
From
NAFTA Article
1904 Binational Panel Review: In The Matter Of Certain Household Appliances
From the
For an overview of U.S. economic sanctions practices and policy, see also the Final Report To Congress, Judicial Review Commission on Foreign Asset Control (January 2001).
For other articles addressing trade controls and sanctions, see the
Economic Sanctions, Trade Controls, and Foreign Policy Symposium Issue
of the Stetson Law Review, Vol. 27, No.4 (Spring 1998).
Stetson University College of Law
1401 61st Street South
Gulfport, Florida 33707
fitz@law.stetson.edu
Phone: 727 562-7874
Fax: 727 347-3738