Comparative and Foreign Law Commons^™

Teaching Comparative Law In The 21st Century: Beyond The Civil/Common Law Dichotomy, Michael P. Waxman

Journal of Legal Education

No abstract provided.

Adventures In Comparative Legal Studies: Studying Singapore, Carole Silver

Journal of Legal Education

No abstract provided.

Back To Basics? University Legal Education And 21st Century Professionalism, Annie Rochette, W. Wesley Pue

All Faculty Publications

This article probes the complexities surrounding trying to match law school curriculum with the needs of students intent on careers in the practice of law. It pursues the issue in three stages: 1) an assessment of a contemporary back to basics critique of legal education; 2)an empirical evaluation of actual student experiences and course selections at a major North American law school over the course of a decade; 3) an assessment of the 'fit' between existing legal education and the likely needs of future practitioners.

Globalization And Legal Education: Views From The Outside-In, W. Wesley Pue

All Faculty Publications

During the past two decades a new, global, legal professionalism has manifested itself in the field of legal education through a variety of programmes seeking to produce globally-aware or globally-connected lawyers. This paper explores the diverse meanings of globalization and legal education with particular attention to the differential effects of globalization and the varied experiences of it in different parts of the world. Taking its starting point from a Nigerian graduate student's insight that globalization means 'The White Man is Coming again'. What does he want this time?, he explores both American and international perspectives.

Adventures In Comparative Legal Studies: Studying Singapore, Carole Silver

Articles by Maurer Faculty

No abstract provided.

Judicial Education And Training In Asia And The Pacific, J. Clifford Wallace

Michigan Journal of International Law

This article first explains the chart in Appendix II, which summarizes important parts of the survey responses. Then, some general observations are made based on the results of the survey illustrating the significance of the compiled data. Finally, some recommendations are made, based upon the author's and others' experience, about the future direction of judicial education and training programs as it relates to establishing or reforming such programs in the Asia/Pacific region and beyond.

Statutory Interpretation In The Courtroom, The Classroom, And Canadian Legal Literature, Stephen F. Ross

Faculty Scholarship

In recent years, judges and scholars in Canada and the United States are devoting more attention to the theory and techniques involved in statutory interpretation. Although some advocate "foundational" theories to answer all theories of interpretation, most difficult cases require a pragmatic approach that requires analysis of the statutory text, original legislative intent, and legislative purpose in light of modern circumstances. Moreover, the most difficult cases may not be answerable by any of these approaches. In difficult cases, judges often resort to "normative canons" - rules they created to further a jurisprudence they desire. These canons need to be closely …

Teaching Professional Responsibility In Legal Clinics Around The World, Leah Wortham

Scholarly Articles

At a March 1999 Colloquium on Clinical Legal Education,1 a group of about 20 people, including a number of law faculty already teaching or planning to teach legal clinics in Central and Eastern Europe and the former Soviet Union , were asked, "What are the goals that you think are most important for a legal clinic?" The most common answers were teaching about ethics and improving the ethical standards of law practice in participants' respective countries through this focus in legal education.

As I Was Saying....A Selection Of Lectures And Informal Talks On Law And Universities And The Communities That Usually Tolerate And Sometimes Support Them, William Burnett Harvey

Historic Documents

A 349 page collection of talks and recollections compiled by former Indiana University School of Law Dean, William Burnett Harvey. The collection is broken down into four parts: Reflections on the Rule of Law, The African Experience, Reflections on Education, Universities and Law, and Miscellaneous Musings.

Two appendixes are included. The first is a bibliography, and the second is two narrative accounts of Harvey's time in Ghana and his final years at Indiana University during the turbulent 1960s.

Teaching Jewish Law In American Law Schools: An Emerging Development In Law And Religion, Samuel J. Levine

Scholarly Works

In recent years, religion has gained an increasing prominence in both the legal profession and the academy. Through the emergence of the "religious lawyering movement," lawyers and legal scholars have demonstrated the potential relevance of religion to many aspects of lawyering. Likewise, legal scholars have incorporated religious thought into their work through books, law journals and classroom teaching relating to various areas of law and religion. In this Essay, Levine discusses one particular aspect of these efforts, namely, the place of Jewish law in the American law school curriculum. Specifically, he outlines briefly three possible models for a course in …

Dedication: Professor Albert E. Utton (1931-1998), David H. Getches

Publications

No abstract provided.

Main-Streaming Comparative Criminal Justice: How To Incorporate Comparative And International Concepts And Materials Into Basic Criminal Law And Procedure Courses, Richard S. Frase

West Virginia Law Review

No abstract provided.

Amalgam In The Americas: A Law School Curriculum For Free Markets And Open Borders, Mark A. Drumbl

Scholarly Articles

Within the context of NAFTA, understanding the legal structure of other signatories requires familiarity with both common law and civil law. Although a fairly large number of civilian lawyers attend LL.M. programs in the United States, few American lawyers learn the civil law, especially the civil law of Mexico and Mexico's Latin American counterparts. Surprisingly, American and Canadian law schools have paid little attention to preparing graduates for the type of transnational legal practice that will arise under NAFTA.A lack of preparedness at the graduate college level has invariably led to “a lack of knowledge on the United States side …

Why Are U.S. Lawyers Not Learning From Comparative Law?, Ernst C. Stiefel, James Maxeiner

All Faculty Scholarship

Address the problem of comparative law in the United States. Explains why comparative law matters. Gives reasons why U.S. lawyers are not learning from comparative law. These include lack of skills, lack of institutional supports, and legal structures that resist comparative law and an attitude that comparative law has little to teach.

Comparing United States And New Zealand Legal Education: Are U.S. Law Schools Too Good?, Gregory S. Crespi

Faculty Journal Articles and Book Chapters

This Article offers a comparison of the legal education systems of the United States and New Zealand. While it was originally published in 1997 in the Vanderbilt Journal of Transnational Law, and has been largely overlooked in more recent years, it is germane to the current vigorous debate regarding what changes need to be made in American legal education. I highlight in this Article several significant differences between these two systems by contrasting their admissions policies, clinical programs, availability of "law-and-economics" electives, and staffing of required courses. Based on this analysis, I concluded that although American law schools were clearly …

A Response To Mathias Reimann: More, More, More But Real Comparative Law, Nora V. Demleitner

Scholarly Articles

None available.

Administrative Law: The Hidden Comparative Law Course, Peter L. Strauss

Faculty Scholarship

What does today's Administrative Law course give your students that you might not be aware of and might be helped by knowing? That, as I understand it, is the question I am to answer. But we may also want to think about the overall shape of the curriculum: it may be useful to ask about fundamental issues our students may not be aware of, that may not be dealt with elsewhere in the law school curriculum. I'll spend most of my time on the question I've been asked to address, but I hope you will accept a few sentences on …

Why Teach International Family Law In Conflicts?, William L. Reynolds

Faculty Scholarship

[The author] sets forth a challenge to conflicts professors: to teach international family law in their conflict of laws classes. At present, many conflicts professors avoid teaching international family law, in part because the study of this subject is complicated by several statutes addressing particularly difficult issues. Ignorning international family law is unwise, because many United States citizens and lawyers are likely to confront such problems.

Gasshūkoku Ni Okeru Hōgakkai To Hōjitsumukai [The Worlds Of Academics And Legal Practice In The United States], Daniel H. Foote

Articles

I prepared this paper for a symposium entitled, "Academics and Practitioners in Japan and the United States: Can the Two Worlds Ever Meet?" When I saw the symposium title, my first reaction was that it might seem strange to ask whether the worlds of academics and legal practice can ever meet in the United States. After all, to a large degree the history of the law school in the United States has been that of an institution dedicated to the training of legal practitioners; the vast majority of US law professors are members of the bar; and many, if not …

Tomorrow's Law Schools: Globalization And Legal Education, 32 San Diego L. Rev. 137 (1995), Alberto Bernabe

UIC Law Open Access Faculty Scholarship

The recent changes in world political and economic structures call for an adjustment of legal education theory. The movement toward the globalization of the economy will open opportunities for the expansion of the market of legal services. However, it will also affect the availability and accessibility of those services. This essay describes some of the effects of the globalization movement on legal education and proposes some changes to help meet the challenge of preparing lawyers for practice in this new and rapidly changing world.

The Challenge Of Asian Law, Whitmore Gray

Articles

Several years ago, when U.S. trade across the Pacific finally surpassed that across the Atlantic, a small group of U.S. lawyers were already responding to the challenge of representing clients in transactions in Asia. While few had had the opportunity to take courses dealing with Asian law during their law school years, many entered the field because of undergraduate language and area studies courses. A few had taught courses dealing with Asia before beginning their law studies.

A Holistic Approach To Criminal Justice Scholarship, William T. Pizzi

Publications

No abstract provided.

European Law: Thinking About It And Teaching It - An Introduction To The Symposium (Dimensions Of European Union Law: A Symposium), David J. Gerber

All Faculty Scholarship

No abstract provided.

Taiwan's Legal System And Legal Profession, Hungdah Chiu, Jyh-Pin Fa

Maryland Series in Contemporary Asian Studies

No abstract provided.

Glasnost And Perestroika At West Virginia University: The College Of Law's Soviet Exchange Program, Donald G. Gifford

West Virginia Law Review

No abstract provided.

Roman Law As A Political Agenda, Mathias Reimann

Michigan Law Review

A Review of The Legacy of Roman Law in the German Romantic Era by James Q. Whitman

The Teaching Of The Law Of Thailand, Ted L. Mcdorman

Dalhousie Law Journal

Within the last few years Canada has begun to realize that it is a Pacific Rim country with substantial connections and interests in Asia. As part of this awakening Canadian interest in Asian affairs the Faculty of Law at the University of Victoria decided to develop and offer a course entitled "Legal Issues in Southeast Asia", with the hope that such a course would provide a forum for a systematic, informed comparison of the legal systems of Asia.

Medieval Universities, Germany And The United States: On Comparative Legal Education, Walter Otto Weyrauch

BYU Law Review

No abstract provided.

The Universal And The Particular In Legal Discourses, George P. Fletcher

Faculty Scholarship

My target in this article is a set of views that I shall call the functionalist perspective of comparative law. Of course, the word "functionalist" stands for a number of different theories. In order to be precise about the view that I oppose, I shall set my sights on the arguments developed in Otto Kahn-Freund's inaugural lecture Comparative Law as an Academic Subject, published two decades ago.

Some Thoughts On Legal Education In Japan, Daniel H. Foote

Articles

This piece is based upon a talk given at the Harvard Law Association of Japan meeting on December 4, 1985, by Daniel H. Foote.

Published in Japanese - English original draft provided.