Comparative Law Assignments & Notes

LAW 6250
Professor Pedro A. Malavet
Spring 2013
Tuesday, Wednesday, Thursday
2:00-2:50 p.m.
Room 285A

Course Outline and
Reading Assignments

I. Introduction to Comparative Law (Handout 1)

• January 8, 2013
  Session 1
  • Course Overview, rules and expectations
    Read the Syllabus.
• January 9, 2013
  Session 2
  • Chapter 1: Detailed Course Coverage: Overview
    Handout No. 1, pages 1-23
• January 10, 2013
  Session 3
  • Chapter 1: Pedagogical Expectations and Assessment: The Examination
    Handout No. 1, pages 23-30

II. Chapter 2 (Handout 2): The Comparative Method in U.S. Courts

• January 15, 2013
  Session 4
  • Chapter 2.A.: A Civil Code case: In re San Juan Dupont Plaza Hotel Fire Litigation
    Handout No. 2, pages 31-47
• January 16, 2013
  Session 5
  • Chapter 2.B: Treaty Obligation to Apply foreign law: Eastern Airlines v. Floyd
    Handout No. 2, pages 48-61
• January 17, 2013
  Session 6
  • Chapter 2.C.: Foreign Law and Parties in US Litigation: Basic Rules
    Handout No. 2, pages 62-77
  • Please note that Florida addresses this in the Evidence Rules in Fla. Stat. §§ 90-201 to 90-207.
  • Basically, Florida takes the "may" route when judicial notice is initiated by the Court under section 202, but it becomes mandatory upon party request under section 203.
  • Click here to go to the Florida Senate's online database of the Florida Statutes.

III. Chapter 3 (Handout No. 2): A. Defining Comparative Law and its Objectives and Methods

• January 22, 2013
  Session 7
  • A. Origins and Objectives of Comparative Law
    Pages 78-92.
    
• January 23, 2013
  Session 8
  • B. Comparative Law Methods
    Pages 92-103.

IV. Chapter 4 (Handout No. 2): The Special Hazards of Comparative Law

• January 24, 2013
  Session 9
  • A. Special Hazards of Comparative Law, Pages 104-128
• January 29, 2013
  Session 10
  • B. Chapter 4: The Special Hazards of Comparative Law, continued
    pages 104-128

V. Chapter 5 (Handout No. 2): Legal Education in Europe and Latin America

• January 30, 2013
  Session 11
  • A.1 Introduction, A general Overview, 129-138
  • A.2 Statistical Information, 138-140
• January 31, 2013
  Session 12
  • B. Current Issues in Legal Education in the EU & Latin America, 141-157
• February 5, 2013
  Session 13
  • C. Current Developments in Japanese Legal Education, 157-174

V-B. Legal Education and Professionalism in the U.S., a Comparative Perspective

• February 6, 2013
  Session 14
  • Download and read the handout, which is posted in the e-Learning course page.
    The handout is a chapter from the text that I use to teach Introduction to the Legal System of the United States to my international LLM students. It includes a brief presentation of legal education and professionalism in the United States.

VI. Chapter 6 (Handout No. 2): The Legal Professions in the Civil Law World

• February 7, 2013
  Session 15
  • A. Chapter 6.A: An Overview of the Multiple Legal Professions, 175-194
• February 12, 2013
  Session 16
  • We will continue the discussion of the multiple professions especially in the European Union
  • This class will overap the two reading assignments. We will finish the basic overview and start the discussion of the ethical problems that might arise
• February 13, 2013
  Session 17
• B. Chapter 6.B: Ethical Issues and Concerns, 195-221
• February 14, 2012
  Session 18
  • C. Chapter 6.B: Ethical Issues and Concerns, 195-221

VII. Chapter 7 (Handout No. 3).
Historical Development of the Civil Law Tradition, AKA The Magical History Tour

• February 19, 2013
  Session 19
  • A. Introduction: Uses and Misuses of Law in Legal History, 222-233
• February 20, 2013
  Session 20
  • B. The Roman Law Tradition and its Influence on Western Law, 233-245
• February 21, 2013
  Session 21
  • C. An Overview of Roman Law, 246-259
    
• February 26, 2013
  Session 22
  • D. The Status Of Women In Roman Law, 259-270
• February 27, 2013
  Session 23
  • E. Marriage In Roman Law And Society, 270-285
• February 28, 2013
  Session 24
  • F. The Family In Roman Law: Patria Potestas, 286-292

SPRING BREAK: March 4-8, 2013
Please remember that your Practical Projects are due Monday, March 18, 2013

VIII. Chapter 8 (Handout No. 3): Local Compilations and the birth of Canon Law

• March 12, 2013
  Session 25
  • A. Patria Potestas Revisited: A Medieval Code, 293-297
• March 13, 2013
  Session 26
  • B. The Other Root: Canon Law: Importance and Development, 297-309
• March 14, 2013
  Session 27
  • C. The Other Root: Canon Law, Application, Procedure and Substance, 309-316

IX. Chapter 9 (Handout No. 3): The Codification Process
(with introductory contextual material)

• March 19, 2013
  Session 28
  
  • A. The Ideology of Codification: Enlightenment and Codification, 317-324
    
• March 20, 2013
  Session 29
  • B. Codification in the Eighteenth Century, Bavaria, Prussia and France, 324-329 & 331-337
    (Skip pages 329-331 on the Austrian Code, we will focus principally on the French Codes)
• March 21, 2013
  Session 30
  • C. Codification in the Nineteenth Century, Germany, France and Switzerland, 338-355
  • Please note that it is critical that you review the web notes on this material about modern systems. This is where I provide important supplemental reading, especially on constitutional and statutory provisions.

X. Chapter 10 (Handout 4): Constitutional Courts: Structure and Procedure

• March 26, 2013
  Session 31
  • A. Structure And Function Of Constitutional Courts:
    An Introduction to the U.S. and European Models, 356-365
    
• March 27, 2013
  Session 32
  • B.4. Constitutional Review in Europe in General and The Failure of the Attempt to Export U.S. Model to Europe, 365-382
• March 28, 2013
  Session 33
  • B.5.-B.7. Judicial Review in Comparative Law, 382-394
    (Please disregard this material, I will not assign it again).

• April 2, 2013
  Session 34
  • C. Structure, Composition, Appointment, & Jurisdiction,
    Have you thought about the U.S. model in comparative perspective, 394-402
• April 3, 2013
  Session 35
  • D. Structure, Composition, Appointment, & Jurisdiction,
    Comparing the U.S. and France, pp. 402-420 (session one focused on the history and ideology of the council)
• April 4, 2013
  Session 36
  • E. Structure, Composition, Appointment, & Jurisdiction,
    Comparing the U.S. and France, pp. 402-420 (session two focused on the council as it was designed in the Constitution of 1958, and has it has evolved since).
• April 9, 2013
  Session 37
  • F. Structure, Composition, Appointment, & Jurisdiction,
    Comparing the U.S. and Germany, 420-443
• April 10, 2013
  Session 38
  • G. Structure, Composition, Appointment, & Jurisdiction,
    Comparing the U.S. and Germany, 420-443
• April 11, 2013
  Session 39
  • H. Constitutional Courts and Constitutional Adjudication:
    Germany, 482-489
• April 16, 2013
  Session 40
  • I. Constitutional Courts and Constitutional Adjudication:
    France, the 1962 Referendum and the 1971 Freedom of Association Case, 489-497
    
• April 17, 2013
  Session 41
  • J. The Headscarf Controversy in France:
    Introduction: 498-503
  • K. The Headscarf Controversy in France:
    The Conceil D'Etat's Decision and its Implications, 524-538 (started)
• April 18, 2013
  Session 42
  • K. The Headscarf Controversy in France:
    The Conceil D'Etat's Decision and its Implications, 524-538 (finished)

Review

• TBA, 2013
  Extra Session
  • Exam Review
  • How to Take one of My Exams
  • In lieu of an exam review session, I will hold extended Office Hours on Friday, April 27, 2012. The DOODLE Poll indicated that there was not one convenient time for the entire class, but that most of you had some time available on Friday afternoon. Therefore, you are welcome to come by my office in Room 319 of Holland Hall individually or in groups to ask questions about the exam.
  • Please refer to the exam resources linked above. Additionally, note that one section of Chapter One of the complete materials handout that I sent out yesterday provides a detailed narrative of my exam expectations.