Comparative Law Assignments & Notes

LAW 6930: Comparative Procedure (2 credits)
Section 75HF
Professor Pedro A. Malavet
Summer 2015
Monday-Friday,
Third Period: 11:50 a.m.-1:00 p.m.

LAW 6250: Comparative Law (2-3 credits)
Professor Pedro A. Malavet
Spring 2015 (3 credits)
Tuesday, Wednesday, Thursday
4:00-4:50 p.m.
Room 359

 

Course Outline and Reading Assignments for Comparative Procedure (Summer 2015)

 

Quicklinks by Week for Comparative Procedure: The French System

 

Unless otherwise indicated, all my sessions will take place during the third period: 11:50 a.m. to 1:00 p.m.

Period 1: 9:00-10:10 a.m.
Period 2: 10:25-11:35 a.m.
Period 3: 11:50 a.m.-1:00 p.m.

Page references will be to the assigned textbook, Principles of French Law, and to the Malavet Supplement, Handout no. 1 (the edited course packet in a PDF file you download from Canvas).

Note that page references from the print edition are followed at the bottom of the reading pane on the Kindle edition, even though Kindle changes the pagination for ease of reading.

 

Week One: June 22-June 28, 2015

  • Before We Start: Flipping the Classroom
    Session 1
    • Instead of doing the usual introduction to the Comparative Method in the classroom, I will have you read Chapters 2 and 3 of the Malavet Supplement on your own and then watch two video lectures that will be posted on Canvas. This will allow me to start teaching you about the legal institutions and legal actors in the French system as soon as we start our classes. This will give you the necessary context for our court visit on Wednesday.
    • Chapter 2: Defining Comparative Law and its Objectives and Methods
      • Malavet Supplement, Chapter 2, pp. 31-56
    • Chapter 3: The Special Hazards of Comparative Law, continued
      • Malavet Supplement, pp. 57-78
  • Monday: June 22, 2015
    Session 2
    • Court Institutions
      • Principles of French Law, Chapter 2, pp. 37-54
  • Tuesday: June 23, 2015
    Session 3
    • Judicial Personnel
      • Principles of French Law, Chapter 3, pp. 55-72
        (We will cover the non Judicial Officers later).
  • Wednesday: June 24, 2015
    Session 4
  • Thursday: June 25, 2015
    Sessions 5 and 6
  • Friday: June 26, 2015
    No Session Today
    • Travel Day
  • Saturday, June 27, 2015
    No Session Today
    • Travel Day
  • Sunday, June 28
    No Session Today (But Check-in Day)
    • Check-in Second Hotel
    • Meet Professor Malavet in the Lobby at 5:30 p.m. for a short tour

 

Week Two: June 29-July 5, 2015

  • Monday: June 29, 2015
    Session 7
    • Non-Judicial Officers of the Court and Judicial Discipline
      • Principles of French Law, Ch. 3.V-3:VII, pp. 72-78, 78-81
      • For our French colleagues:
        • For comparative American Procedure concepts relevant to this week and the start of the third week:
          • Burnham, Introduction to the Law and Legal System of the U.S., Chapter III: The Adversary System and Jury Trials
          • Two video lectures by Professor Malavet from our MOOC available on my Mediasite page:
            • The American Oral Jury Trial and the Rules of Evidence


            • Judges and their Courts in the United States

        • For our discussion on Constitutional Law at the end of the third week, you may review the Modern Constitutionalism handout.
          • (Prof. Roche will send you the links to the materials).
  • Tuesday: June 30, 2015
    Session 8
    • Civil Procedure, started,
      • Pinciples of French Law, Ch. 4(1), pp. 83-117
  • Wednesday: July 1, 2015
    Session 9
    • Civil Procedure, concluded
      • Pinciples of French Law, Ch. 4(1), pp. 83-117
  • Thursday: July 2, 2015
    Session 10
    • Criminal Procedure, started
      • Principle of French Law, Ch. 4(3), pp. 127-140
  • Friday: July 3, 2015
    Session 11
    • Criminal Procedure, concluded
      • Principles of French Law, Ch. 4(3), pp. 127-140
      • Comparative discussion of the American Adversarial Process and Oral Jury Trial
        (Introduction to the materials assigned for Monday).
  • Saturday, July 4, 2015
    No Session
    • HAPPY INDEPENDENCE DAY!
    • On your own
  • Sunday, June 28
    No Session
    • On your own

 

Week Three: July 6-July 12, 2015

  • Monday: July 6, 2015
    Session 12
  • Tuesday: July 7, 2015
    Session 13
    • Administrative Procedure
      • Principles of French Law, Ch.4(2), pp. 118-126
  • Wednesday: July 8, 2015
    Session 14
    • Administrative Law and its Litigation, started
      • Principles of French Law, Ch. 6, 168-200
  • Thursday: July 9, 2015
    Session 15
    • Administrative Law and its Litigation, concluded
      • Principles of French Law, Ch. 6, 168-200
  • Friday: July 10, 2015
    Two Sessions This Morning
    • Session 16: First Period, 9:00-10:10 a.m.
    • Session 17: Second Period, 10:25-11:35 a.m.
      • Procedure in the Constitutional Council
        • Malavet Supplement, Ch. 5.C.5, pp. 164-176
  • Saturday, July 11, 2015
    No Session
    • On your own
  • Sunday, July 12
    No Session
    • On your own

 

Week Four: July 13-July 17, 2015

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Course Outline and Reading Assignments for Comparative Law

 

Quicklinks by Chapter for Comparative Law

 

Course Outline and Reading Assignments for Comparative Law

 

I. Introduction to Comparative Law (Handout 1)

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

Session. I will cancel our session on Thursday, January 15, 2015, because I have dental surgery after class on Wednesday, and I am not likely to be able to speak much on Thursday. I will make this session up with a review session at the end of the semester.

III. Chapter 3: A. Defining Comparative Law and its Objectives and Methods

  • January 20, 2015
    Session 6
    • A. Origins and Objectives of Comparative Law
      Pages 78-92.
  • January 21, 2015
    Session 7

IV. Chapter 4: The Special Hazards of Comparative Law

V. Chapter 5: Legal Education in Europe and Latin America

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

  • January 29, 2015: The "Crisis" in US Legal Education?
    Session 11
    • 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: The Legal Professions in the Civil Law World

VII. Chapter 7.
Historical Development of the Civil Law Tradition, AKA The Magical History Tour

VIII. Chapter 8: Local Compilations and the birth of Canon Law

Spring Break: March 2-6, 2015

IX. Chapter 9: The Codification Process
(with introductory contextual material)

X. Chapter 10: Constitutional Courts: Structure and Procedure

Since we have covered the material more efficiently than in years past, I will probably add a unit on court structure and procedure.

XI. The French Judicial System

  • April 14, 2015
    Session 39
    • A. Principles of French Law handout,
      Court Institutions, pp. 37-54
  • April 15, 2015
    Session 40
    • B. Principles of French Law handout,
      Judicial Personnel, pp. 55-81
  • April 16, 2015
    Session 41
    • Exam Discussion

Review

  • Friday, April 17, 2015
    Extra Session 42
    • 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 17, 2015.
    • Please refer to the exam resources linked above. Additionally, note that one section of Chapter One of the complete materials handout provides a detailed narrative of my exam expectations.