Course Descriptions
The following alphabetical list of course descriptions consists of courses proposed to be offered during the 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.
Anglo/US 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.
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
This course looks at the carriage of goods in international trade. We live in a world in which the transportation of goods is a fundamental part of both international and domestic business, and litigation in respect of these carriage disputes is inevitable. The course is based on English Law, with comparisons made with practice under other jurisdictions where appropriate. English law is frequently chosen to govern shipping contracts, the common law nature of English law allowing for judicial “creativity.” We see, therefore, the development of this area of contract law, which aims to meet the needs of those involved with the international shipment of goods. The course predominately covers contacts for the carriage of goods by sea and charterparties, as most goods are shipped by this mode of transport, although carriage by air and land is introduced. The course also considers difficulties that arise when goods are the subject of a multimodal contract of carriage, and problems that arise when carriage contracts are negotiated by freight forwarders. The combination of the intellectual rigors of the law and trade realities make this a rewarding subject.
Chinese Law
(2-0-2) Dicks
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.
Courtroom skills
(2-0-2) Wolfgarten
The Course focuses on civil advocacy. Trial briefs are provided and replicate real briefs in cases which recently qualified counsel might make. In the first part of the course students act as counsel in several applications (motions), opposed as well as unopposed, set both in the County Court and the High Court. The second part of the course deal with trial, and students will open, examine in chief (direct), cross examine and close. The final class will be run as a trial. The course includes attendance with the class professor at the Royal Courts of Justice in London to observe advocacy in the higher courts.
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 and International Labor Law
(2-0-2) Upex
This course has three parts. In the first part, we will look at European Labor Law. In doing that, we will consider the relevant treaty provisions and the relevant provisions of European Directives relating to Equality, Working Conditions, Employee Rights on Restructuring Enterprises and Worker Representation. In the second part, we will examine aspects of Private International Law relating to Labor Law, including the Brussels Regulations and the Rome Convention on Applicable Law. In the third part, we will consider international labor standards and the work of the International Labor Organization.
European Union Law l
(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.
European Union Law II
(2-0-2) Horspool
In EU Law II attention will be paid to substantive areas of law and the application of legislative and institutional processes to the major fields of community law. Particular attention will be paid to the role of the European Court of Justice in the development of community law. There will be discussion of the four freedoms, especially freedom of movement of goods, persons and services, as well as freedom of capital. These will also be a brief examination of the important subject of competition law.
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.
International Art Law
(2-0-2) O’Connell
An advanced international law course that considers the principal legal topics relevant to visual art, including protection during armed conflict; the concept of cultural heritage; buying and selling in the international art market; protection of artists’s and owner’s rights, and the basics of museum law.
International Commercial Arbitration
(2-0-2) Stanic LAW 70435
Covers various aspects of international commercial arbitration, including: the arbitrability of a dispute under domestic law; the jurisdiction of an arbitral panel; the choice of procedural and substantive law to govern an arbitration; the appointment of arbitrators; the possibility of interim protective measures and the enforcement of an arbitral award. Throughout, considers how the law can best balance the claims of party autonomy in international business with the role of the state in prescribing rules of commercial law and in supervising dispute-resolution mechanisms.
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 Law on the Use of Force
(2-0-2) O’Connell
An advanced international law course introducing both the law regulating resort to force and the law regulating conduct of force. The course looks at the historic development of the relevant rules, as well as the contemporary treaty regimes centered in the United Nations Charter and the Geneva Conventions. The course also considers the principal institutions and processes associated with regulation of the use of force and many contemporary challenges such as terrorism, humanitarian intervention, and cyberwar.
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
This course aims to give the student an understanding of the Russian Legal System from a developmental perspective. It allows the student to appreciate within the context of the Soviet and Russian legal systems different views of the role of law in society, how these may change over time, and see the development and working of a codified legal system with a tradition of a strong social ideology.
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.
Law and Cultural Heritage
(2-0-2) Palmer
The course will introduce students to the legal principles underpinning transactions in art and cultural heritage, looking at both civil and criminal law. It will examine the ways in which a person may assert a valid title to an object, and the ways in which he or she may recover that object when it has been lost, stolen or looted. The mobility of works of art is a significant feature in the contemporary art world, and the course will look at the ways in which such movement is both encouraged and, in some cases, hindered. Intangible rights, including copyright and moral rights, will be examined, together with methods of dispute resolution.
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.
Trusts and Estates: A US/UK Comparative Perspective
(2-0-2) Kelly
Introduces students to the fundamentals of the law governing the intergenerational transfer of wealth. Using the Uniform Probate Code, Uniform Trust Code, and other Uniform Acts as models, surveys the law of (i) intestacy; (ii) wills (including execution, revocation, contests, and interpretation); (iii) will substitutes, nonprobate transfers, and planning for incapacity; and (iv) trusts (including creation, modification, termination, spendthrift and other asset protection trusts, portfolio management, and fiduciary administration). Highlights convergences and divergences between the legal systems of the United States and United Kingdom, especially in the context of testamentary freedom, “dead hand” control, and fiduciary obligations. At every point, is sensitive to the ethical challenges that are inherent in the practice of this body of law.
