Comparative Law

Professor Pedro A. Malavet

Class Notes Main Page

I will use this section to post the text of the transparencies that I use in class. Occasionally, I will also post and/or create links to other supplemental material

Spring 2012
(Updated April 9, 2012)

Notes Table of Contents

Chapter 1	Chapter 2	Chapter 3	Chapter 4	Chapter 5
Chapter 6	Chapter 7	Chapter 8	Chapter 9	Chapter 10

New Notes

I will post the assignments for the Spring 2012 here.
Only those assignments with Spring 2012 dates will be up to date.

The topics, however, will remain mostly the same, as will many of the basic themes that are reflected in the notes that are posted here.

But if you wish to review the older materials, please click here.

Session	I. Introduction to Comparative Law (Handout 1)
January 9, 2012 Session 1	Course Overview, rules and expectations Read the Syllabus.
January 10, 2012 Session 2	A. Detailed Course Coverage: Overview Handout No. 1, pages 2-36
January 11, 2012 Session 3	B. Pedagogical Expectations and Assessment: The Examination Handout No. 1, pages 36-46
	II. Chapter 2 (Handout 2): The Comparative Method in U.S. Courts
January 17, 2012 Session 4	Chapter 2.A.: A Civil Code case: In re San Juan Dupont Plaza Hotel Fire Litigation Handout No. 2, pages 35-53
January 18, 2011 Session 5	Chapter 2.B: Treaty Obligation to Apply foreign law: Eastern Airlines v. Floyd Handout No. 2, pages 54-69
January 23, 2011 Session 6	Chapter 2.C.: Foreign Law and Parties in US Litigation: Basic Rules Handout No. 2, pages 69-88 Please note that Florida addresses this in the Evidence Rules in Fla. Stat. §§ 90-201 to 90-207. Basically, Florida takes the "may" route when judicial notice is initiated by the Court under section 202, but it becomes mandatory upon party request under section 203. Click here to go to the Florida Senate's online database of the Florida Statutes.
	III. Chapter 3 (Handout No. 2): A. Defining Comparative Law and its Objectives and Methods
January 24, 2012 Session 7	A. Origins and Objectives of Comparative Law Pages 89-104.
January 25, 2012 Session 8	B. Comparative Law Methods Pages 105-118.
	IV. Chapter 4 (Handout No. 2): The Special Hazards of Comparative Law
January 30, 2012 Session 9	Guest Lecturer: Prof. Christopher Vallandigham, Foreign and International Law Librarian at the Legal Information Center, on the special challenge of conducting legal research about laws from countries other than United States.
January 31, 2012 Session 10	A. Special Hazards of Comparative Law, Pages 119-133
February 1, 2012 Session 11	B. Chapter 4: The Special Hazards of Comparative Law, continued pages 133-146
	V. Chapter 5 (Handout No. 3): Foreign Legal Education
	Chapter 5: Legal Education in Europe, Latin America
February 6, 2012 Session 12	A.1 Introduction, A general Overview, 147-157 A.2 Statistical Information, 157-160
February 7, 2012 Session 13	B. Current Issues in Legal Education in the EU & Latin America, 160-179
February 8, 2012 Session 14	C. Current Developments in Japanese Legal Education, 179-198
	VI. Chapter 6 (Handout No. 3): The Legal Professions in the Civil Law World
February 13, 2012 Session 15	A. Chapter 6.A: An Overview of the Multiple Legal Professions, 199-221
February 14, 2012 Session 16	This class will overap the two reading assignments. We will finish the basic overview and start the discussion of the ethical problems that might arise B. Chapter 6.B: Ethical Issues and Concerns, 221-246
February 15, 2012 Session 17	C. Chapter 6.B: Ethical Issues and Concerns, 221-246

	VII. Chapter 7 (Handout No. 4). Historical Development of the Civil Law Tradition, AKA The Magical History Tour
February 20, 2012 Session 18	A. Introduction: Uses and Misuses of Law in Legal History, 248-266
February 21, 2012 Session 19	B. The Roman Law Tradition and its Influence on Western Law, 266-280
February 22, 2012 Session 20	C. An Overview of Roman Law, 280-296
February 27, 2012 Session 21	D. The Status Of Women In Roman Law, 296-309
February 28, 2012 Session 22	E. Marriage In Roman Law And Society, 309-327
February 29, 2012 Session 23	F. The Family In Roman Law: Patria Potestas, 327-335
	SPRING BREAK: March 5-9 Please remember that your practical projects are due Friday, March 16, 2012
March 12, 2012 Session 24	VIII. Chapter 8 (Handout No. 4): Local Compilations and the birth of Canon Law A. Patria Potestas Revisited: A Medieval Code, 336-342
March 13, 2012 Session 25	B. The Other Root: Canon Law: Importance and Development, 342-355
March 14, 2012 Session 26	C. The Other Root: Canon Law, Application, Procedure and Substance, 355-363
March 19, 2012 Session 27	IX. Chapter 9 (Handout No. 4): The Codification Process (with introductory contextual material) A. The Ideology of Codification: Enlightenment and Codification, 365-373
March 20, 2012 Session 28	B. Codification in the Eighteenth Century, Bavaria, Prussia and France, 373-379 & 381-389 (Skip pages 379-81 on the Austrian Code, we will focus principally on the French Codes)
March 21, 2012 Session 29	C. Codification in the Nineteenth Century, Germany, France and Switzerland, 389-408 (This session was cancelled)
	Please note that it is critical that you review the web notes on this material about modern systems. This is where I provide important supplemental reading, especially on constitutional and statutory provisions.

	X. Chapter 10 (Handout 5): Constitutional Courts: Structure and Procedure Comparison chart: click here to view the overall court comparison chart.
March 26, 2012 Session 30	A. Structure And Function Of Constitutional Courts: An Introduction to the U.S. and European Models, 409-422 The Failure of the Attempt to Export U.S. Model to Europe, 422-426

March 27, 2012 Session 31	B. Structure And Function Of Constitutional Courts: Models of Review in Contemporary Europe, 426-438
March 28, 2012 Session 32	C. Structure, Composition, Appointment, & Jurisdiction, Have you thought about the U.S. model in comparative perspective, 451-460
April 2, 2012 Session 33	D. Structure, Composition, Appointment, & Jurisdiction, Comparing the U.S. and France, pp. 460-471 (session one focused on the history and ideology of the council)
April 3, 2012 Session 34	E. Structure, Composition, Appointment, & Jurisdiction, Comparing the U.S. and France, pp. 471-480 (session two focused on the council as it was designed in the Constitution of 1958, and has it has evolved since).
April 4, 2012 Session 35	F. Structure, Composition, Appointment, & Jurisdiction, Comparing the U.S. and Germany, 481-496
April 9, 2012 Session 36	G. Structure, Composition, Appointment, & Jurisdiction, Comparing the U.S. and Germany, 496-506
April 10, 2012 Session 37	H. Constitutional Courts and Constitutional Adjudication: Germany, 549-558 (This is new material)
April 11, 2012 Session 38	I. Constitutional Courts and Constitutional Adjudication: France, the 1962 Referendum and the 1971 Freedom of Association Case, 558-567 (This is new material)
April 16, 2012 Session 39	J. The Headscarf Controversy in France: (1) Introduction: 567-573: and (2) The Meaning of Citizenship, 573-588
April 17, 2012 Session 40	K. The Headscarf Controversy in France: The Conceil D'Etat and its functions, 588-597
April 18, 2012 Session 41	L. The Headscarf Controversy in France: The Conceil D'Etat's Decision and its Implications, 597-613
April 27, 2012 Session 42	Exam Review and Guidance In lieu of an exam review session, I will hold extended Office Hours on Friday, April 27, 2012. The DOODLE Poll indicated that there was not one convenient time for the entire class, but that most of you had some time available on Friday afternoon. Therefore, you are welcome to come by my office in Room 319 of Holland Hall individually or in groups to ask questions about the exam. Please refer to the exam resources linked above. Additionally, note that one section of Chapter One of the complete materials handout that I sent out yesterday provides a detailed narrative of my exam expectations.
	NOT UPDATED BELOW THIS LINE
	Chapter 10 (Material that we will skip in 2012): The French Legal System: A Critical View
	A. An Overview of the French Legal System, 353-367
	B. The French Appellate Court System: Basic Overview , pp. 368-381 (we will start on this, but are unlikely to finish it)
	C. The French Appellate Court System under international Scrutiny, pp. 381-394 (finished)

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Older Materials

Session	I. Introduction to Comparative Law
	A. Overview of the Civil Law system, 1-27
	B. What is Comparative Law?, 28-54
	C. Case Illustration of the Comparative Method, 54-69
	II. Using the Comparative Method in American Law Practice
	A. Case Illustrations:
	1. Lésion Corporelle, Eastern Airlines v. Floyd, 171-179
	2. Shubun in Japanese Law, 179-182
	III. Foreign Legal Education
	A. Legal Education in Europe
	1. Introduction, France, 841-862
	2. Germany, Italy, Spain, 863-872
	B. Legal Education in Latin America &East Asia, 872-892
	IV. The Legal Professions in the Civil Law World
	A. Overview, 892-901
	B. Europe
	1. France, 902-908
	2. Germany, 908-917
	3. Italy & Spain, 917-920, 925-928
	C. Latin America and East Asia, 920-925, 928-935
	V. Historical Basis: Europe
	A. Roman Law
	1. Introduction, 213-227
	2. Sources of Law, A Roman law case, 227-238, 242-244
	3. Family Law: Patria Potestas, 238-242, 255-265
	4. Sources of law, Tort, Inheritance, 245-255
	B. Transition between Roman and Customary Law, 265-281
	C. Roman Law Makes A Comeback, 281-294
	D. Canon Law:
	1. History and Development, 294-308
	2. The Code of Canon Law, A Canon Law case, 308-316
	E. The Reception of the Jus Commune in Europe
	1. Italy, France and Germany, 325-339
	2. Spain, Portugal, etc., 340-350
	VI. Revolutions and Codes
	A. Europe (1), 435-449
	B Europe (2), 449-458
	VII. Legal Interpretation
	A. Hierarchy of Legal Sources, 937-953
	B. Interpretation Methodology (1), 975-989
	C. Interpretation Methodology (2), 989-1004
	VIII. Substantive Rules
	A. Legal Categories, 1127-1149
	B. Codification and Codes
	1. France, 1149-1163
	2. Germany and Mexico, 1156-1175, 1184-1187
	C. General Principles of Law, 1227-1240
	IX. Structure of the civil law Systems
	A. France, 535-553
	B. Germany, 553-569
	C. Spain, 585-604
	X. Judicial Review
	A. Overview, 705-719, 720-727 (Skip the Japanese case)
	B. Judicial Review of Executive Acts: In General, 729-740
	C. Judicial Review of Legislative Enactments
	1. France, 757-768, 770-771
	2. Germany, 771-795
	XI. Procedure

A. Civil

1. In General, 1013-1029

2. Germany, 1029-1041

3. France, 1041-1044

B. Criminal

1. Overview, 1060-1074

2. France, 1075-1082

3. Germany, Juries, Lay assessors, 1091-1098

XII. The Future of the Civil Law, 1241-1247

Exam Review

Chapter 10: The Modern European States: From Nationalism and Positivism back to Universalism

European Integration: 461-465 (18.3: Anti-Discrimination Laws); 467-482 (2. European Integration)
(I want us to focus on the new trends brought about by a new vision of individual rights and by the European Union)

MY APOLOGIES FOR ASSIGNING THIS MATERIAL. IT WAS TOO MUCH AND WE ARE GOING TO SIMPLY SKIP IT.

C. The Twentieth Century and on, 82-112 (started)
War and Nationalism give way to a new Universalism

C. The Twentieth Century and on, 82-112 (finished)

This is the end!