The Course. An introduction to the comparative method from the perspective of an American lawyer, focusing on methodology, rather than on substantive matters. Starts with a survey of Comparative Law, its history, current definition and scope, followed by practical uses of Comparative legal analysis in United States courts. The more substantial part of the semester studies the Civil Law tradition, the most common legal system in our world today. Naturally, this course can only provide a general overview of the large number of Civil Law nations. It starts with foreign legal education and the legal professions. Then the Civil law system is placed in its proper context: historical roots; structure; approach to judicial review; judicial organization. This is not Trade Law. While comparative methodology is helpful and often even essential for lawyers engaged in international business transactions, this class is neither International Trade Law nor International Business Law. We have wonderful courses elsewhere in our curriculum that cover those subjects.
Our class materials: The required materials are a collection of edited texts, The Comparative Method: An Historico-Jurisprudential Approach, available as a two-volume set. Recommended Reading: Merryman, John Henry, The Civil Law Tradition (Stanford 1987). I would very much appreciate your input throughout the semester on available materials. I am especially interested in those internet resources that you find helpful. Please feel free to drop me an e-mail message when you find interesting materials.
Office Hours: I will have regular office hours as posted in the website. My office is in Room 337 of Holland Hall. If you feel lost, or if you have doubts that cannot be resolved during class or during the period immediately following it, please do not hesitate to come and see me. Office time is also a good opportunity to explore matters that are not directly related to the material being discussed in class.
E-mail. You may communicate with me by e-mail. My address is malavet@law.ufl.edu. E-mail messages from students must include the student's full name, so that I may ensure that I am communicating with a member of the class.
Testing Score: (1) One short essay project. This work will count for 10% of your testing score and will be graded on a pass/fail basis. I will meet individually with students to discuss your projects and will provide feedback on your performance. In order to make this administratively manageable, the class will be divided into several groups. Although students will work individually, the particular assignment, and the deadline applicable thereto, will be set for each group at different times during the semester. This project is just a creative-writing exercise. In the past, students have had a lot of fun with it, and I have greatly enjoyed reading them. (2) An open-book, take-home, written final exam, this will cover the remaining 90% of your testing score. The completed exam will be due on the date set by the university for in-room exams. My approach to grading in this class is a bit different from Evidence and Civil Procedure; creativity becomes really important in this course.
Class Participation: When determining your final grades, I will consider class participation to adjust your testing score in two ways: (1) Minimum participation (20% of the overall grade). Each student will be required to participate in class discussion a specified number of times during the semester in order to meet minimum participation requirements, the exact minimum number will depend on the size of the class and will be announced in class. Class participation can occur in several ways: (a) I may call upon students at random during class; and (b) each student must sign-up to participate in class discussion; a set number of students will be allowed to sign up for each class session; each student must sign-up for the number of classes set for the minimum participation requirement; students who sign-up, are called upon, and answer correctly, get a participation credit, if they are unprepared, they will suffer a deduction. (2) Quality of Participation. I will consider the quality of student participation and conduct to further adjust final grades, as I deem appropriate, accordingly, you are encouraged to volunteer to answer questions at any time, i.e., class discussion should not be limited to persons who have signed up or are called-on at random.
Web Page. A very complete set of class materials (syllabus, notes or highlights for each subject we discuss, past examinations, feedback memoranda related to each exam, practical projects and feedback memos for them, and other useful information related to our course) is already posted to my web site at http://nersp.osg.ufl.edu/~malavet. I will update the site during the semester as I deem appropriate. I do not place materials on reserve in the library and I will not print out the material posted on the web site. It is your responsibility to review it. I will assume that you are familiar with the contents of the web site in our class discussion and in writing your examination.
Class Attendance and Conduct: Attendance is mandatory. Additionally, students arriving late or leaving the room during class are an undue distraction. I will take roll daily by passing around a sign up sheet. It is the student's responsibility to initial the sign-up sheet in the appropriate place whenever they are in class, i.e., the roll does not have to come to you, you must come to the roll. Failure to sign the roll will be treated as an unexcused absence. Singing the roll for someone else is also unacceptable. Each hour of class is counted as a separate session, therefore, missing a two-hour meeting counts as two-absences. I will allow four (4) unexcused absences per semester on a no-questions-asked basis (provided however that none of them may occur during the last eight sessions of the semester). Additionally, I am willing to be flexible about allowing a few excused absences, late arrivals or early departures, for good cause -such as a doctor's appointment, child-care problem or job interview- provided that the good cause is brought to my attention beforehand or as soon as possible thereafter in the case of unanticipated occurrences. Excuses must be submitted in writing or via e-mail. Students will have no more than seven days after the time of the unanticipated occurrence to bring excuses to my attention, provided however that I will not accept any excuses offered after our last session of the semester. Signing an attendance sheet for a classmate, or having a classmate sign an attendance sheet for you shall result in administrative removal from the course. There will be seating chart for our course. Students are required to get their names on the chart and thereafter to abide by the seating arrangement designated therein.
Professionalism in the Classroom. Naturally, you are all bound by the University Student Code of Conduct, the College of Law Honor Code and my rules. But more than obeying rules, classrom behavior is about showing proper professionalism. Proper conduct in the classroom is intended to encourage everyone to participate in, to derive benefit from, and ultimately to enjoy the class. It is perfectly acceptable, and indeed professionally required, that you demand professional behavior of your classmates in and out of class. If you see conduct that is unprofessional and that affects your quality of life in the classroom or at the college of law, you should privately approach the offending student and ask that they modify their behavior. If private discussion is impractical or unsuccessful, you should bring the matter to the attention of the instructor or an appropriate official at the College of Law or the University of Florida. You should do so privately, though not anonymously, but you are strongly encouraged to bring serious matters to my attention, or that of other pertinent authorities, as soon as possible, so that I, or they, may take appropriate measures. Examples of inappropriate conduct are:
1. Students speaking loudly in private conversations during class (such conversations are disruptive, distracting, and have a negative effect on classroom atmosphere).
2. Students in any way commenting on or expressing their approval or disapproval of the class participation of other students (or their approval or disapproval of any student for any reason).
3. Students preparing to leave the classroom, often audibly, before the session is over. I will announce when each session is over, getting ready to leave before then is inappropriate.
4. Laptop/Network misuse. Laptop computers and wireless network and internet access are wonderful tools for student note-taking and reference, however, during class time it is inappropriate to use laptops for any other purpose (e.g., to download music or any other files, to play games, to watch DVDs, to access inappropriate web sites -such as sexually-explicit web sites-, or to write notes in large type that is visible to students sitting behind the computer user). In addition to any other appropriate sanction, laptop use in class is a privilege and I will suspend or rescind, individually or collectively, it if it is abused.
5. Pagers and cellular telephones should be turned off during class (unless you need to be "on call" for serious matters such as child-birth, parenting challenges or other emergencies; in such cases, however, please put the phone or pager on vibrate only mode and leave the room as quickly and inconspicuosly as possible before taking your call).
Sanctions. Absences, tardiness and
any other unprofessional conduct will be dealt with on a case-by-case basis, at
the discretion of the instructor; excessive absences -even if an excuse is
offered- tardiness or any undue conduct in the classroom may result in
administrative removal of the offending student from the course or in a
reduction of his/her grade.
* While I would not reduce
someone's grade for excessive excused absences, I might administratively remove them from
the course, although I would ensure that this was done on a "passing"
basis. I would do this if, in my judgment, the person has missed so much of the
semester that he or she cannot really benefit from the course.