Comparative Law (722L-1)
Instructors
Pierre Legrand
Meeting Info
Levy Mayer 101: Mon, Wed 2:35PM - 4:00PM
Overview of class
This 2-credit course addresses foreign law. Not only does foreign law matter to US lawyers in international business transactions or international dispute resolution, but it is important within national law (consider Chicago litigation involving a contract governed by French law or a Miami resident bequeathing real estate in Italy). Indeed, a comprehensive ABA survey reveals that after 7 years of practice, 44% of US lawyers report work involving foreign law, a figure that reaches 66% for lawyers in large firms and 65% for those working as inside counsel. However, the "handling" of foreign law raises formidable challenges. Is meaningful interpretation of foreign law even possible for a US lawyer? How to optimize one's understanding of foreign law? Are there methods, techniques, or strategies that can overcome differences across laws, languages, and cultures - that can give reliable access to foreign law's singularity? How best to proceed, and what can be achieved? Specifically, is foreign law translatable? Meanwhile, many claim that US courts can rely on foreign law in adjudication. Is foreign law legitimate normative authority in the United States? Note that this course, despite its focus, finds itself effectively ranging beyond the issue of foreign law. Indeed, many of the insights derived from an examination of the hurdles attendant upon foreign-law interaction also prove useful in situations involving national law only. Examples and case-studies draw on business law and constitutional law broadly understood. There are no prerequisites; in particular, no prior knowledge of foreign law or of a foreign language is assumed.
The course begins on Monday, 13 January 2025 and ends on Wednesday, 12 March 2025. Class meets on M and W from 2h35 to 4h00 PM.
Teaching Method
Lecture.
Class discussion.
Evaluation Method
Final examination (3 consecutive hours to be self-scheduled over a 3-day period at the end of the course).
Class Materials (Required)
See
Class Attributes
Comparative Law Practice Area in course
Constitutional Law or Procedure an element
Enrollment Requirements
Enrollment Requirements: MSL Students are not eligible to enroll