Comparative Law Assignments & Notes

Comparative Law Quicklinks

LAW 6250: Comparative Law (2-3 credits)
Professor Pedro A. Malavet
Spring 2020 (2 credits)
Class Number 16002
Mondays from 1:30 to 3:30 p.m.
Room 355A

 

Course Outline and Reading Assignments for Comparative Law

 

Quicklinks by Chapter for Comparative Law

Course Outline and Reading Assignments for Comparative Law

All reading packets and handouts for this course are posted to the course eLearning on CANVAS page.

Unless otherwise expressly indicated, your readings come from Handout 1: Introduction to the Comparative Method (History and Philosophy of the Civil Law Tradition) for Spring 2020 that will be posted in the course Canvas page.

I. Introduction to Comparative Law (Handout 1)

Monday, January 20, 2020

Dr. Martin Luther King, Jr. Holiday.

No classes at the Levin College of Law

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

Approach this week. I will focus on the Dupont case, but I want you read the treaty case as well for our discussion on Monday. We will then dedicate Wednesday to the rules that apply when the law of another country provides the substantive standard to resolve a disupte in U.S. litigation.

We will skip chapters 3 and 4 and go directly to education and professions. You may wish to review the material as background.

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

  • Will not be covered in Spring 2020
  • Session NONE
    • A. Origins and Objectives of Comparative Law
      Pages 78-92.
  • Session NONE

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

  • Monday, February 3, 2020: The "Crisis" in US Legal Education?
  • Session 3.b.
    • Download and read the handout "Burnham5th_Ch.04_US_Legal_Education_Profession" which is posted in the Canvas 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.
    • This reading will be discussed on Monday, February 3, and set up our discussion on the 10th.

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

Monday, March 2 to Friday, March 6, 2020

Please travel safely!

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

X. Chapter 10: Constitutional Courts: Structure and Procedure

Review: You may review old exams

  • Exam Review
    • 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.

 

 

 

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 LEAVING FOR FRANCE
Please visit the course eLearning on Canvas Page, navigate to "Modules" on the left, select "Professor Malavet's Mediasite Videos" and review the lectures listed below under Session 1, and the two preliminary videos:

1. France Summer Program 2015 Malavet Syllabus Overview (covering the program in general, my course design and grading, and an overview of my web and Canvas pages).

2. Paris Safety Video (a short warning about taking care of your property while travelling).

(I have also posted here the videos that I have asked our French colleagues to watch, but the LCOL students do not need to watch these).

  • Syllabus Overview
  • Before Classes 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
      • VIDEO LECTURE: 3. Comparative Method
    • Chapter 3: The Special Hazards of Comparative Law, continued
      • Malavet Supplement, pp. 57-78
      • VIDEO LECTURE: 4. Hazards in Comparative Law
  • Sunday: June 21, 2015
    • Checking-in in Paris.
    • Gather at hotel to travel to API Center for Orientation
    • Followed by Cheese Tasting and Crêpes at the Center
  • Monday: June 22, 2015
    Session 2
    • Court Institutions
      • Principles of French Law, Chapter 2, pp. 37-54
  • Monday: 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
  • Tuesday: 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:
            • Judges and their Courts in the United States


            • The American Oral Jury Trial and the Rules of Evidence


        • 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).
  • Monday: 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
  • Tuesday: 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
    • Comparison to the American Adversarial Process and Oral Jury Trial
      • US Students: Review Civil and Criminal Procedure
      • For our French colleagues:
        • For comparative American Procedure concepts relevant to this 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:
            • Judges and their Courts in the United States


            • The American Oral Jury Trial and the Rules of Evidence


        • For our discussion on Constitutional Law at the end of the week, you may review the Modern Constitutionalism handout.
          • (Prof. Roche will send you the links to the materials).
  • Monday: 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
  • Tuesday: 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