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Tulane Law School has a long tradition in teaching foreign and comparative law. This expertise is today perhaps more relevant than ever before. The increasing use of comparative law in courtrooms is only the proverbial tip of the iceberg. Large enterprises across the globe are looking for lawyers with dual or - better still - multiple legal and linguistic qualifications, and even small or medium-sized companies who wish to take full advantage of regional or global markets depend on the advice of lawyers with a grounding in other legal systems. Regulators are confronted with increasing pressures to harmonize regulatory standards with other countries and trading blocks, or within the growing networks of international co-operation. This is changing the profile of tomorrow's lawyers. Tulane is the perfect place to prepare for these challenges.

Civil Law Seminar
This seminar covers selected civil law institutions with emphasis on the laws of property, obligations, community property, and successions. The seminar is designed to sum up student experience in the civilian tradition. Louisiana law is studied in comparison with the common law of sister states and the laws of European countries. Doctrinal study is applied to the resolution of legal issues in contemporary practice. There is no final examination requirement. Students are graded in light of assigned written exercises and class participation. With the instructor’s permission, students may write a paper on a topic of their own choice.
Civil Law Torts: Selected Issues
This course focuses primarily on Louisiana's unique tort law, utilizing the Louisiana Civil Code and current Louisiana cases and statutes. Some of these concepts will be compared to common law torts. Subjects likely to be covered during the semester are duty-risk, intentional torts, damages, defenses, wrongful death, contribution and indemnification, vicarious liability, absolute liability, strict liability, products liability, liability of owners/lessors and occupiers of land, professional malpractice (medical and legal), and prescription.
Community Property
This course is a comparative study of marital property regimes that involve the distinction between the separate and community property of spouses. The course examines the law of the eight community property states and Wisconsin, which has a version of community property based on the Uniform Marital Property Act. Special attention will be given to Louisiana law.
Comparative Constitutional Law
This course provides a comparative survey of influential contemporary constitutions including those of the United Kingdom, France, Germany, and South Africa. Following an introduction to comparative methodology and the functions of comparative law, especially in the legislative and judicial spheres, the class focuses on a shortlist of specific topics. These include the legislative process, bicameralism, separation of powers, electoral systems, federalism, judicial review, and the protection of human rights. The concept of transnational constitutionalism, the potential and pitfalls of constitutional legal transplants, and the drafting of new constitutions in post-conflict societies such as Iraq or Kenya will also be considered. Students are invited to engage with foreign approaches to these issues through the lens of US case law and constitutional doctrine.
Comparative Corporate Governance Seminar
We investigate and compare standards of performance applied to corporations and to their governing bodies and executives. The point of departure is the US system. We use the UK and France to represent the Anglo-Saxon and Continential European perspectives, without forgetting the impact of the European Union, and follow these perspectives into former colonies of both these countries. In the process, we consider economic, social, historical and cultural contexts that may help explain differences and similarities.
Comparative Judicial Review
The purpose of this course is to discuss, on a comparative basis, the principles of judicial review on legislation and executive decisions in various legal systems. The process of judicial supervision is influenced by the constitutional framework as well as by the legal culture and political conditions of each system. The course will deal with the general conditions under which judicial review takes place as well as with the structural basis of the process of review and the nature of the reviewing courts. It will also examine specific questions such as the preliminary conditions for judicial review (standing etc.), the grounds for review in each system and so forth. Special attention will be given to questions of human rights and national security. The course will focus primarily on the legal systems of the U.S., England and Israel, but other legal systems such as those of France, Canada, Germany and India will also be discussed.
Comparative Law: European Legal Systems
This course endeavors to provide a comparative perspective for students of American law. The focus will be on the French and German legal systems. These represent the two most influential legal systems outside the common law world, both in terms of supplying legal models for other nations and influencing the structure and operations of regional groupings (notably the European Community) and international organizations.
Comparative Law: Mixed Jurisdictions Seminar
This seminar focuses principally upon the so-called ‘classical’ mixed jurisdictions of which there are about 15 or so in the world. Prominent among these are South Africa, Scotland, Quebec, Puerto Rico, Israel, the Philippines and Louisiana. There is debate about the countries belonging to this group, and our research interest may extend beyond this circle in order to deal with classification issues. Each student in the seminar will select a topic dealing with some aspect of mixed jurisdictions and write a research paper that will be presented and discussed in class. A paper topic may relate to any micro or macro aspect of such systems and should make use of the comparative method. Before topics are chosen, the opening classes will discuss the defining characteristics and traits of mixed jurisdictions, and students will be introduced to literature on the subject. The principal text in the course will be V. V. Palmer (ed), Mixed Jurisdictions Worldwide: The Third Legal Family (2001).
Comparative Private Law
This course compares common and civil law approaches to the law of property, contracts, and torts. The common law originated in England and is judge made. The civil law developed from Roman law and, in most jurisdictions today, is codified. We look at how England, the United States, France, and Germany deal with some concrete legal problems, and ask whether the differences are due to history, codification, culture or to the problems themselves.
Comparative Tort Law
Tort law is one of the most important parts of the law. With its generally mandatory provisions it sets the limits for what is acceptable behaviour in a society and grants victims of tortious behaviour adequate protection. Although tort law serves these aims all over the world there exist many and deep-rooted differences between the different national tort laws. The course will focus on the major tort systems (US-American, English, French, German) and deal with their differences and similarities. The comparison will concern the interests which are protected, the conditions under which tortfeasors are liable (fault or strict liability) and the heads and standards of compensation, in particular whether damages should be merely compensatory or may also serve a punitive function.
European Union: Constitutional Law.
This course covers the legal and political development of the European Union, highlighting the gradual functional and organizational changes that have taken place over the past five decades, and deals with its present-day constitutional structures including the Commission, the Council, Parliament, the European Court of Justice, and the European Central Bank. Specific emphasis is placed on human rights protection and judicial review in the European context, the concept of a European constitution, the ongoing expansion process, and challenges connected to the introduction of a common European currency. The course also focuses on the tensions between an increasingly influential and supranational Union and its 27 sovereign Member States. Students are invited to draw comparisons between the European Union and the United States throughout the course.
European Union: Business Law
The United States are the single most important trading partnerof the European Union (and vice versa) – despite the growing importance of expanding economies such as India, China, the ASEAN, or Brazil. The sheer volume of transatlantic trade and the battle for worldwide market shares inevitably create a need for lawyers with specialized and comparative legal expertise in substantive EU law. This course provides both a basic introduction to the political and legal organization of the European Union and detailed treatment of the most important areas of business related EU law. Discussions will focus on the free movement of goods, persons and capital within the common market as well as the Union’s external commercial (trade) policy. Students will be made aware of differences between national and EU approaches, and how these differences impact on transatlantic business relationships. Particular emphasis will be placed on the global impact of EU market integration, especially on the United States, in areas such as financial services, consumer protection, environmental law, and some key aspects of competition/antitrust law. The course will also touch on WTO disputes between the U.S. and the EU.
Family Law: All 50 States
This course is a study of the rights and obligations in formal and informal family relationships, and the breakdown of marriage and its incidents such as divorce, division of property, support, and custody. The course treats the family law of all 50 jurisdictions of the United States, including Louisiana.
History of the Civil Law - Seminar
After a brief look at classical Roman Law, this course will examine the civil law of continental Europe from the revival of Roman law in the 12th century until the 19th century when it was codified in most of Europe and Louisiana. The first half of the course will be introductory. Lectures and discussion will be based on translations of original sources. We will consider differences in the methods used by jurists and the ways in which they shaped the civil law. During the last half of the course, each student will present a paper. Papers may be based on translated sources and may deal with the history of the law in Louisiana.
International Human Rights
In this course we will explore the place of human rights in United States and international law. More broadly, we will closely examine and evaluate the entire human rights ‘regime,’ that is to say the norms, principles, rules, and decision-making institutions that occupy and organize this issue area within the broad sphere of international relations. The course is designed to provide students with a confident grasp of: the substantive norms of human rights; the philosophic basis for the concept of rights and the leading points of controversy about the existence or character of certain rights that appear in conventional enumerations; the diverse procedures available at the global, regional, and national level for defense and promotion of human rights; the subtle and not-so-subtle ways in which ideological and material interests influence the definition and enforcement of rights; the ways in which policy makers attempt to reconcile the demand for human rights enforcement with more traditional foreign policy objectives.
Obligations I
This course treats the civil law of obligations in comparative perspective. Its primary focus is the law of contract. The course materials are built upon the French and Louisiana Civil codes, European comparative materials, and Louisiana jurisprudence. It explores, comparatively and historically, the general concept of a legal obligation and the principles of civil law contracts, including the subjects of capacity, consent, causa, formation of contracts, effects of contracts, and remedies for nonperformance.
Obligations II
This is a continuation course building upon the general principles developed in Obligations I. Its focus is a detailed study of sale and (to a lesser extent) lease, the most important nominate contracts in the Civil Code. Where appropriate, comparisons are made between the UCC and the French and Louisiana Civil Codes.
Property: Civil Law
This course presents fundamental principles of the civil law as they relate to property; Louisiana Civil Code, Preliminary Title, Articles 1-15; Book II, Articles 448-532, 784-791; Book III, Articles 3412-3555. Topics include: introduction to the civil law system, things, ownership, possession, liberative and acquisitive prescription. The course emphasizes analysis of institutions in the light of civilian methodology, jurisprudence, and doctrine.
Real Estate Transactions & Finance: Civil Law
This course covers issues of substantive and procedural law in their relationship to real estate transactions, and drafting, financing, and other problems encountered in sophisticated transactions.
Roman Law
This course is an introduction to Roman law in the classical period. It focuses primarily on private law of Rome, but, to the extent time permits, it may include some brief discussion of criminal law and international law. The course is primarily divided into three parts. The first part will discuss the history of Roman legal institutions, the sources of law, and litigation procedure. The second will survey Roman private law of persons, property, family law, successions, contracts, and delicts. The third will briefly highlight the relevance of Roman law today, including its historical significance as the foundation of much of modern private law and attempts to use Roman law to solve present day problems.
Successions, Donations & Trusts
This is a course in the Louisiana civil law governing the transfer of property by inheritance, testament or gift during life. Topics include rules of inheritance, rights of surviving spouses, acceptance and administration of successions, collation and partition, the making of wills, kinds of legacies, and forced heirship limitations on gratuitous dispositions. The course also considers the Louisiana Trust Code’s provisions concerning the creation, modification, and termination of trusts, limitations on dispositive provisions, and the powers and responsibilities of trustees.
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