David Nersessian

Assistant Professor

Academic Division: Accounting & Law

Bio

Dr. David Nersessian is an Assistant Professor in the Accounting and Law Division of Babson College, where he teaches Business Law to undergraduate and MBA students and an elective in Public International Law. He earned his D Phil (PhD) in Law from Oxford University, where his research concentrated in public international law and human rights. He earned his JD magna cum laude from Boston University School of Law and his BSBA summa cum laude from Boston University School of Management. Prof. Nersessian serves as the faculty lead for Babson’s PRME (UN Principles on Responsible Management Education) initiatives and also as the college’s pre-law student advisor. Prior to completing his doctoral work, Dr. Nersessian practiced for six years with several large law firms, representing clients in complex commercial litigation in state and federal courts, administrative proceedings, and private arbitrations throughout the United States. He later spent five years as the vice president and general counsel of an international educational nonprofit. Before joining Babson, Professor Nersessian spent many years at Boston University in a variety of roles. He was Assistant Dean of Global Programs and a Senior Lecturer at the Questrom School of Business and both a Visiting Assistant Professor and Lecturer at BU’s School of Law. He also served as the founding Executive Director of Questrom’s Susilo Institute for Ethics in a Global Economy. Prior to joining BU, he was Executive Director of Harvard Law School’s Center on the Legal Profession and a Supreme Court Fellow at the US Supreme Court, where he worked for the Chief Justice’s chief of staff. Before that he taught Criminal Law for St. Edmund Hall and St. Benet’s Hall at Oxford University. Dr. Nersessian’s research concentrates on public international law, human rights, legal ethics, globalization, and the management of legal and ethical risk in the corporate setting. He has a particular focus on the role of corporate lawyers in human rights issues and the impact of globalization on the ethical regulation of attorneys. In addition to his work in globalization and ethics, he continues to write, speak and consult in public international law and human rights. He also has taught international law subjects to federal judges on behalf of the Federal Judicial Center. Dr. Nersessian’s book Genocide and Political Groups was published by Oxford University Press in 2010. His second book, International Human Rights Litigation: A Guide for Federal Judges appeared in print in early 2017. This book, which is a scholarly monograph on the Alien Tort Statute and related topics, was commissioned by the Federal Judicial Center to educate ~1,400 federal judges and magistrates nationwide on how to effectively hear and resolve human rights cases on their dockets. Professor Nersessian’s current journal scholarship analyzes: (i) the intersection of “big data” analytics and human rights, and (ii) the governance implications and ethical risks for corporate lawyers arising out of legal work that facilitates human rights violations abroad. His most recent paper, Beyond Privacy: Rethinking Big Data Analytics and International Human Rights, received the Academy of Legal Studies in Business Virginia Maurer Outstanding Ethics Paper Award in 2016. Dr. Nersessian also is working with a major global hotel chain on a case study about the hospitality industry’s efforts to combat human trafficking.

Academic Degrees

  • Ph D, Oxford University, St. Catherine’s College
  • LLM, Oxford University, St. Catherine’s College
  • JD, Boston University School of Law
  • BS, Boston University School of Management

Academic Interests

Public International Law; Public Policy; Human Rights

Awards & Honors

  • 2016 - Virginia Maurer Outstanding Ethics Paper Award, Academy of Legal Studies in Business,
  • 2016 - New Case Writer Fellowship, The Case Centre
  • 2016 - Case Study Research Award, Babson College (Center on Engaged Learning & Teaching) Teaching Innovation Fund

Courses

Degree Courses 2016-2017

  • LAW 7200: BL1 LAW
  • LAW 7200: BL2 LAW

Degree Courses 2015-2016

  • LAW 7200: LAW
    This course teaches students some basic business law, emphasizing: (i) how business conduct can result in legal liability; (ii) how to use legal tools in order to conduct business; and (iii) how to use law to minimize risk and add value to a business. Several important legal concepts are covered, including: (i) forms of business; (ii) collaborative relationships, contracts, and exchange transactions; (iii) the development of sustainable competitive advantage through intellectual property; (iv) the legal duties of managers; (v) the laws concerning agents, contractors and employees; and (vi) the avoidance of wrongful behavior that can lead to negative legal (and other) consequences.

Publications

Journal Articles

  • Nersessian, D. (2015). Business Lawyers as Worldwide Moral Gatekeepers? Legal Ethics and Human Rights in Global Corporate Practice Georgetown Journal of Legal Ethics, The, 28(4), 1135-1187.
  • Nersessian, D. (2012). How State Legislative Bans on Foreign and International Law Obstruct the Global Practice and Ethical Regulation of American Lawyers. Arizona State Law Journal, 44
  • Nersessian, D. (2007). Comparative approaches to punishing hate: The intersection of genocide and crimes against humanity. Stan. J. Int’l L., 43, 221.
  • Nersessian, D. (2006). Whoops, I Committed Genocide! The Anomaly of Constructive Liability for Serious International Crimes. Fletcher F. World Aff., 30, 81.
  • Nersessian, D. (2005). Rethinking cultural genocide under International law. Human Rights Dialogue, 2(12), 7–8.
  • Nersessian, D. (2004). To Snitch or Not: The Obligations and Implications of Mandatory Fraud Reporting. Int'l Risk Management CGL Reporter, 16, 1.
  • Nersessian, D. (2003). Penalty by Proxy: Holding the Policyholder Liable for Fraud by Coinsureds, Claims Professionals, and Other Agents. Tort, Trial & Insurance Practice L.J., 38, 907.
  • Nersessian, D. (2003). The Razor’s Edge: Defining and Protecting Human Groups under the Genocide Convention, The. Cornell Int’l LJ, 36, 293.
  • Nersessian, D. (2002). Penalty by Proxy: Holding the Innocent Policyholder Liable for Fraud by Coinsureds, Claims Professionals, and Other Agents. Tort Trial & Ins. Prac. LJ, 38, 907.
  • Nersessian, D. (2002). The Contours of Genocidal Intent: Troubling Jurisprudence from the International Criminal Tribunals, The. Tex. Int’l LJ, 37, 231.

Books

  • Nersessian, D. (2016). INTERNATIONAL HUMAN RIGHTS LITIGATION: A GUIDE FOR FEDERAL JUDGES. Washington DC: Federal Judicial Center
  • Nersessian, D. (2010). GENOCIDE AND POLITICAL GROUPS. Oxford: Oxford University Press link

Reports

  • Williams, S., Nersessian, D. (2007). Overview of the Professional Services Industry and the Legal Profession

Conference Proceedings

  • Nersessian, D. (2012). Ethical Risks, Corporate Lawyers, and Human Rights. Proceedings of the Annual Meeting of the American Society of International Law,
  • Nersessian, D., Davis, R., Keenan, P.J., Guáqueta, A., Altschuller, S.A. (2011). ETHICAL AND PRACTICAL CHALLENGES FOR CORPORATE LAWYERS ADVISING CLIENTS ON HUMAN RIGHTS. American Society of International Law. Proceedings of the Annual Meeting,

Others

  • Nersessian, D. (2005). The case for a crime of political genocide under international law: University of Oxford
  • Nersessian, D. (2000). The Genocide Convention: defining the parameters of a crime without a name: University of Oxford

Presentations

  • PRME Update / Pathways Forward
    Nersessian, D. PRME Update / Pathways Forward Babson College - President's Cabinet, Babson College, Wellesley MA (2016)
  • Big Data, Big Business, and Big Problems – Corporate Opportunities & Risks from an International Human Rights Perspective
    Nersessian, D. Big Data, Big Business, and Big Problems – Corporate Opportunities & Risks from an International Human Rights Perspective Invited Research Presentation at U Conn Human Rights Center, Storrs, CT (2016)
  • Beyond Privacy: Rethinking Big Data Analytics and International Human Rights
    Nersessian, D. Beyond Privacy: Rethinking Big Data Analytics and International Human Rights Academy of Legal Studies in Business, San Juan, PR (2016)
  • Integrating Ethics, Social Responsibility, and Sustainability into Lessons, Courses, and Publications
    Nersessian, D. Integrating Ethics, Social Responsibility, and Sustainability into Lessons, Courses, and Publications Annual Faculty Learn & Share Day, Babson College, Wellesley MA (2016)
  • The Law and Ethics of Big Data: (Very) Preliminary Thoughts on Big Data and Human Rights
    Nersessian, D. The Law and Ethics of Big Data: (Very) Preliminary Thoughts on Big Data and Human Rights North Atlantic Regional Business Law Association (NARBLA) Annual Conference, Bentley College, Waltham, MA (2016)
  • The Law and Ethics of Big Data: (Very) Preliminary Thoughts on Big Data and Human Rights
    Nersessian, D. The Law and Ethics of Big Data: (Very) Preliminary Thoughts on Big Data and Human Rights Research Colloquium: The Law and Ethics of Big Data, Kelley School of Business, Indiana University, Indianapolis, IN (2016)
  • Human Rights and ISIS – International Crimes and Humanitarian Intervention
    Nersessian, D. Human Rights and ISIS – International Crimes and Humanitarian Intervention BU Law Inaugural Peace and National Security Panel, Boston, MA (2014)
  • The Professional Development of Ethical Lawyers – Operationalizing Legal Ethics in Private Practice
    Nersessian, D. The Professional Development of Ethical Lawyers – Operationalizing Legal Ethics in Private Practice NALP/ALI-ABA Professional Development Institute, Washington, DC (2012)
  • “Save our State” – But From What? How Legislative Prohibitions on International and Foreign Law in Judicial Decision Making Impede the Ethical Regulation of American Lawyers
    Nersessian, D. “Save our State” – But From What? How Legislative Prohibitions on International and Foreign Law in Judicial Decision Making Impede the Ethical Regulation of American Lawyers Boston University School of Law Faculty Workshop, Boston, MA (2012)
  • Publication and Publicity in Legal Scholarship
    Nersessian, D. Publication and Publicity in Legal Scholarship Northeast Regional Scholarship Workshop, Albany, NY (2012)
  • “Save our State” – But From What? How Legislative Prohibitions on International and Foreign Law in Judicial Decision Making Impede the Ethical Regulation of American Lawyers
    Nersessian, D. “Save our State” – But From What? How Legislative Prohibitions on International and Foreign Law in Judicial Decision Making Impede the Ethical Regulation of American Lawyers Northeast Regional Scholarship Workshop, Albany, NY (2012)

Professional Services

  • Officer, Secretary
    Academy of Legal Studies in Business, Section of International Law (2016)

Professional Memberships

  • Working Group, UN PRME Working Group on Business and Human Rights
    (2016)

Service

  • Babson College Pre-Law Advisor
    (current)