Course Descriptions
The following alphabetical list of course descriptions consists of courses proposed to be offered during the 2007-08 academic year. Specific details regarding which courses will be offered during a particular term are available from the program director on request.
Lecture hours per week, laboratory and/or tutorial hours per week, and credits each term are in parentheses.
The Law School Administration reserves the right to alter the course offerings to meet faculty interest, student interest, and the administrative needs of the Law School and the London Law Program.
Business Associations
(4-0-4) Slaughter
Studies American agency, partnership and corporate law. The first part of the course explores what makes a business entity a corporation, but includes consideration of other business forms such as sole proprietorships and partnerships. The second part of the course addresses the operation of the corporation, and considers internal and external forms of control and regulation. Both parts of the course emphasize the substantive law as well as compliance with statutory formalities such as are contained in the Delaware Corporation Code.
Carriage of Goods by Sea
(2-0-2) Hawker
Provides an overview of the law regulating the carriage of goods by sea in international trade.
Chinese Law
(2-0-2) Palmer
This course provides an introduction to the domestic legal institutions, processes and laws of the People’s Republic China. Principal attention is given to the current legal system and its relationship to economic, social and political changes in the post-Mao era, although relevant features of the historical foundations of the legal system are also considered. The course examines the jurisprudential framework and institutional dimensions of the Chinese legal system in weeks 1 to 3, and then in the final 2 weeks analyses key selected areas of reform in procedural and substantive law including civil and administrative dispute resolution, enterprise law, family law, and population control.
Comparative Law
(3-0-3) Banakas
Analyzes comparatively: legal concepts; law-making and law-finding in civil law and in common law; the purposes and functions of the comparative method; the history, methods and uses of comparative law; the legal families of the world; and the spirit and style of various legal systems.
Comparative US/UK Sales Law
(2-0-2) Adams
This course examines the common origins of UK and US sales law, and the separate developments of the present versions of the respective codes. Similarities and differences are emphasized, and an explanation for the differences attempted. A special feature of the course is that it deals specifically with on-line sales using the Internet. Throughout the course conflict of laws issues are raised, both in relation to internet sales, and in relation to ordinary sales. Attention is drawn to the not infrequent cases where courts have ignored conflicts issues.
English Legal System
(2-0-2) Darbyshire
Introduces the basic elements of the modern English legal system. Examines and analyzes: the source and the importance of English law; the court structure and the people involved in it; civil and criminal procedure; alternatives to the court; and access to justice.
European Community Law
(2-0-2) Horspool
Surveys the common social, political and economic principles that underpin the European Community (EC), including a focus on the fundamental differences between the Anglo-American legal systems and those of the continental countries who belong to the EC. Analyzes: the political and economic backdrop that led to the signing of the Treaty of Rome; the subsequent accession of additional nationalities, particularly the United Kingdom; the various institutions of the EC and its lawmaking machinery; and the prospects for the EC as a political and economic unit.
European Intellectual Property
(2-0-2) Adams
The term ‘intellectual property’ principally includes patents, trade marks, copyright and designs. These rights make a very significant contribution to the gross national product of all advanced economies. However, although trade is global, these rights are all national (with the exception of the European trade mark and design). This means that in the case of patents, trade marks and registered designs, companies seeking protection in their markets around the world have to file with local patent offices. Accordingly, practising trade mark and patent attorneys have to have a working knowledge not merely of their own system, but of that in operation in the major markets of the world. Fortunately, that is not as difficult as it sounds, as the two largest world markets today, are the United States and Europe. The most important intellectual property rights in the United States are federal. Moreover, Europe has been in the process of harmonising the intellectual property laws of member states for the last thirty years, and significant progress has been made through the European Patent Convention, the trade marks directive and various copyright directives. In addition to these, regulations have introduced the European trade mark and the European design. This course will focus on Europe, but will note where European law diverges from that of the United States.
European Legal History
(2-0-2) Ibbetson
Surveys the history of European legal institutions and doctrines. Studies common- and civil-law traditions, exploring their similarities and differences.
European Union Law
(2-0-2) Horspool
This course introduces students to the legal system of the European Union (EU). Emphasis will be placed on the constitutional, administrative and commercial law of the EU. The topics which will be discussed in this course include the political and economic origins of the EU, its institutional structures (with emphasis on the European Court of Justice), the Union (Maastricht) Treaty, the Amsterdam Treaty, the interrelationship between Union Law and the laws of the fifteen member States, and the free movement of goods, workers, capital and services. The course will concentrate on the transnational protection of economic and social rights and the jurisprudence of the European Court of Justice.
Evidence
(4-0-4) Bennett
Studies the American system of rules and standards that regulates the admission at trial of proof to establish controverted facts. Considers the traditional rules at length, and examines the U.S. Federal Rules of Evidence in this context.
Human Rights in the Aftermath of Conflict
(2-0-2) Jenkins
The main focus of this course is on legal and jurisprudential issues arising in the ending and aftermath of conflict. The course will examine the peculiar difficulties posed by a legacy of internal conflict and will give special attention to the problems faced by developing countries in dealing with the past and reconstructing fractured societies and damaged institutions. By reference to country case studies, different national approaches to dealing with human rights violations underlying and resulting from periods of internal conflict will be illustrated and compared, and the factors influencing the choice of approach analysed. Differing understandings of key concepts such as justice, truth, reparation, reconciliation and reconstruction will be discussed and examined in cross-cultural perspective. The empirical experience of post-conflict peacebuilding and reconstruction in the countries forming the case-studies will be critically examined, using material from other societies for comparative perspective. Whilst the main focus of the course will be on national approaches and initiatives, the course will stimulate discussion of the relationship between the national and the international: national approaches will be measured against existing international law standards and the contribution of national initiatives to the development of international law in this area will be considered. The role of the international community will be critically examined.
Intellectual Property
(2-0-2) Adams
The term ‘intellectual property’ principally includes patents, trade marks, copyright and designs. These rights make a very significant contribution to the gross national product of all advanced economies. However, although trade is global, these rights are all national (with the exception of the European trade mark and design). This means that in the case of patents, trade marks and registered designs, companies seeking protection in their markets around the world have to file with local patent offices. Accordingly, practising trade mark and patent attorneys have to have a working knowledge not merely of their own system, but of that in operation in the major markets of the world. Fortunately, that is not as difficult as it sounds, as the two largest world markets today, are the United States and Europe. The most important intellectual property rights in the United States are federal. Moreover, Europe has been in the process of harmonising the intellectual property laws of member states for the last thirty years, and significant progress has been made through the European Patent Convention, the trade marks directive and various copyright directives. In addition to these, regulations have introduced the European trade mark and the European design. This course will focus on Europe, but will note where European law diverges from that of the United States.
International and Comparative Labor Law
(2-0-2) Fick
Examines the structure and operation of the International Labour Organization, a specialized agency of the United Nations system charged with promulgating and enforcing international labor standards. Places particular focus on the content and interpretation of ILO conventions 87, 98 and 111. Includes a comparative examination of the labor-law systems of selected countries (based on student interest), with an analysis of whether those systems comply with the relevant ILO conventions.
International Environmental Law
(2-0-2) Fitzmaurice
Studies the development of international environmental policy, customary international law and the prevention of environmental harm. Specific topics considered include: marine pollution, nuclear energy, the law of international watercourses, the conservation of marine animals, and the status of Antarctica.
International Law
(3-0-3) Reece-Thomas
Studies: the nature and sources of international law; the role of municipal rules in international law; international personality; recognition; territorial entities; jurisdiction; immunities; state responsibility; the law of treaties; and settlement of international disputes.
International Trade
(2-0-2) Hawker
Covers the contractual relationships that arise in international trade, and the trade terms that arise and are unlikely to appear in other contractual areas. This area of law developed in the mercantile courts, which developed the law merchant in response to disputes that arose between parties who frequently were trading from different countries and who needed speedy resolution of their disputes. The law merchant comprised a mixture of local trading customs and law as well as foreign rules the substance or recognized trading practice. The course includes discussion of topics such as jurisdiction, arbitration, bills of lading, remedies, insurance, and payment and finance.
Introduction to the American Legal System
(2-0-2) Bennett
Surveys American legal institutions and principles of the American common-law system. Includes a study of the role of the three branches of government — judicial, legislative and executive — in making, interpreting and enforcing law; the role of precedent, statutes, secondary sources, etc., in determining law; the structure of the American court system; the nature of the American federal system and the relationships between state and federal governments; the differences between civil and criminal laws; the role of the U.S. Constitution in defining legal relationships, rights and duties; and a description of the processes of both civil and criminal litigation in American courts, from initiation of an action through trial and appeal.
This course is required of all students in the London LL.M. Programme who did not graduate from an American law school. American law-school graduates cannot take this course for credit toward the LL.M. degree.
Introduction to the Russian Legal System
(2-0-2) Henderson
Examines the premises of legal systems through the prism of other systems. Although the course concentrates on Russian law, it also addresses the legal systems of Eastern Europe and China.
Jurisprudence
(3-0-3) Finnis
Considers philosophical aspects of the law involving questions such as: whether a necessary condition of a legal system is that it possess some moral quality; what morality the law should enforce — whether solely a majority view or whether unpopular deviant groups should be protected as well; the meaning of justice; and whether the law and the courts fulfill their social function. Considers various schools of thought, including the views of the Naturalists and Positivists as well as Sociological Jurisprudence, American Realism and Marxism.
Latin American Trade Law
(2-0-2) Haines-Ferrari
Focuses on international business transactions in Latin America. Topics include both the legal structures and the business structures that dominate those transactions. Also discusses the relationships between Latin America and the world trading system, including trade liberalization and the creation of regional markets such as MERCOSUR, the Andean Community and WHFTAA.
LL.M. Seminar
(2-0-2) Faculty
Seminar devoted to topics of interest to LL.M. students. Features lectures by and discussions with visiting speakers.
This course is required of and limited to students in the LL.M. program in international comparative law.
LL.M. Thesis
(V-0-V) Faculty
Requires written work of substantial quality completed under the direction of a faculty sponsor.
This course is limited to students in the LL.M. program in international comparative law. It may be taken for 1 to 4 semester credits.
Regulatory Reform and Innovation Seminar
(2-0-2) Camacho
In the U.S. and abroad, government institutions are experiencing an intense period of experimentation in regulation in areas as diverse as environmental law, securities regulation, education, and criminal justice. These transformations are altering the way lawyers interact with agencies, politicians and other government officials on behalf of clients. After examining the traditional “command and control” model to regulation, this course explores a range of recent public sector reforms and innovations. These include information disclosure, market-based approaches (like cap-and-trade), negotiated and collaborative innovations in decision-making, privatization and vouchers, and devolution/regionalism reforms. In this context, the course will examine the nature and purpose of regulation, and concerns with its uneasy interface with democracy, agency expertise, economics and science. The course will focus on American regulatory approaches, but integrates international and comparative analysis of regulatory innovation as well.
