Curriculum Guide · Courses
Comparative Law: Focus on EU and US
J.D. Course 079 (cross-listed) | 2 credit hours
This course consists of an introduction to legal comparison based on an inquiry into European private law. The course is divided into two parts. The first part presents the functions and aims as well the method of comparative law in general. After an overview of the different legal systems in the world, the course provides a comprehensive introduction to the basic features of the civil law system as contrasted with the common law tradition in Europe and in the United States. It also shows how some of the differences between the two systems are being dealt with by new instruments such as the UNIDROIT Principles of International Commercial Contracts and the Principles of European Contract Law. While the course focuses on substantive law issues, in the fields of contract and tort, it also examines structural issues -- such as the court systems, the education of lawyers and the role of judicial review. The second part of the course aims at providing an analysis of the trends towards denationalization of private law in Europe as it results from the impact of EU legislation on national law. Special attention is devoted to the link between private law and the formation and the functioning of markets, particularly the Single Market in Europe. Overall, the course aims at providing a practical introduction to issues of European law faced by American lawyers. Further it shows how legal comparison is a means for thinking about the law in broader theoretical terms.
Students may not receive credit for both this course and the upperclass course, Comparative Law or the first-year elective course, Comparative Law: Focus on EU and US.
In Spring 2015 this course will meet on a condensed schedule on the following days: 1/12, 1/14, 1/21, 1/23 (Friday) 1/26, 1/28, 2/2, 2/4, 2/9, 2/11, 2/19, 2/23, and 2/25. This course will also meet on Friday, 1/23, 1:20 - 3:20 p.m. in McDonough 437.