Leyden

Amsterdam

Columbia

Summer Program in American Law

June 30 to July 26

The Law Faculties of the University of Leiden, the University of Amsterdam and Columbia University in the City of New York announce that the 34th Summer Program in American Law will be offered at the University of Leiden, from June 30 through July 26, 1996. Since 1963 these summer courses are held alternately at the Leiden Law School and at the Amsterdam Law School and are designed to provide a general introduction to the American legal system with emphasis on areas of particular interest to European lawyers.

Executive Directors

M.V. Polak, Professor of Law, University of Leiden

E. Moglen, Professor of Law, Columbia University

Coordinator

Ms. B. Zaaijer

Board of Directors

E.A. Alkema (Leiden), M.V. Polak (Leiden), C. van Raad (Leiden), Th.M. de Boer (Amsterdam), J. de Boer (Amsterdam), Mrs. E.W.H. Rutten-Teuben (Amsterdam), J.W. Zwemmer (Amsterdam), C.J. Berger (Columbia), G.A. Bermann (Columbia), E. Moglen (Columbia)

All correspondence regarding the 1996 Course should be addressed to:

University of Leiden, Faculty of Law

Columbia Summer Program

Hugo de Grootstraat 27

2311 XK Leiden, the Netherlands

fax: +31.71.527 76 00

email: jfsacsc@ruljur.leidenuniv.nl Preface

PREFACE

Go west, young man! Once upon a time (not in the west, of course, but in the east), this slogan was introduced to stimulate young Americans to pick up their things and move towards the western frontier. Nowadays, this slogan is more likely to raise all sorts of interesting questions, particularly between smart lawyers. Think, for instance, about the a contrario reasoning: may a young man also go east? And what about the equality of the sexes: is a young woman also welcome in the west respectively the east? But let me not get too lawyerish in this short preface. After all, I only use the slogan because it summarizes, at least partially, what the "Leyden-Amsterdam-Columbia Summer Program in American Law" is all about. You, the reader of this brochure, whether young or old, man or woman, are being offered a unique opportunity to study a legal system from - for most of us - the west, i.e., the American legal system. On the other hand - and very conveniently so, while your mind is travelling westwards, your body is permitted to stay in the east.

The "Leiden-Amsterdam-Columbia Summer Program in American Law" started in 1963, has been organised ever since and is therefore, in 1996, in its 34th year. For more than a generation now, each month of July a group of professors from the Columbia University School of Law, situated in New York City, travels to Leiden or Amsterdam to teach courses on American law. Both the contents of these courses and the teaching method used is the "all-American way". As such, both contents and teaching method will be new and fascinating for you. In four weeks you will become acquainted with a selection of interesting and important fields of American law. Moreover, you will (be forced to) get used to the so-called Socratic method: each day the instructor will assign a bunch of cases and materials to be studied for next day, and next day the instructor will call upon you or your neighbour to discuss the assignments in class. So be prepared! And do not complain that I did not warn you!

After a day or a week of hard work there must be an opportunity to relax. The Summer Program takes care of that too. Various excursions in and outside Leiden will be organised, during weekdays and in the weekends. And when nothing is on the program and the assignments have been studied, you will form a small group with a few other participants to discover what Leiden has to offer by way of terraces, disco's and beaches. Living there myself, I may add that there is quite a lot to discover.

This preface is not meant as yet another piece of advertisement, either for the Summer Program or for the City of Leiden. The rest of this brochure should be sufficiently tantalizing to convince you that participation is the thing to do and that your money will be invested well. Speaking of money, the Summer Program would not have achieved the age of 34 without the sponsors mentioned in this brochure. The Board of Directors is very grateful for this financial support. But, as we all know, there is never enough money. Therefore, the Board hopes that other sponsors will join the Summer Program, in particular the alumni of the Summer Program. Alumni are, after all, the perfect witnesses of the Summer Program's success. In this you can believe me, because I am an alumnus myself.

One last word: should you, the reader of this brochure, not be interested in our Summer Program - perhaps you already booked a holiday in July or you are also a (sponsoring) alumnus? - you know better than to throw it away! Give it to someone who might be interested. And start spreading the news: registration for the Leiden Session 1996 has started.

Maurice V. Polak

Executive Director

THE PROGRAM OF INSTRUCTION

To assure a shared basic knowledge, American Institutions of Public Law, Constitutional Law and The U.S. Litigation System are compulsory courses for all participants. In addition, each participant is required to enroll in at least three of the elective courses. As the number of participants in an elective course may be limited, applicants are requested to list all available electives on the registration form in order of their preference.

COMPULSORY COURSES

Constitutional Law

Professor G.L. Neuman

This is the basic course in constitutional law, a foundation for more specialized courses on the Constitution, and for public law courses generally.The course locates the Constitution in the life of the United States. It explores: the theory of the Constitution and its antecedents; judicial review, its justification and development, and its legal and political significance; the nature of our federal system, the growth of national power and of limitations on state authority, and the abiding significance of the states; the separation of the powers and varieties of checks and balances in the U.S. government; and the theory and content of individual rights under the Constitution, the development of the principal rights during 200 years by Constitutional amendment and judicial interpretation, and the jurisprudence of the Judiciary in its role as the guardian of rights under the Constitutions and civil rights acts.

American Institutions of Public Law

Professor P.L. Strauss

Following on the course in Constitutional Law, this course will consider some fundamental structural characteristics of the American political and legal system having particular importance for public law. We will examine American approaches to the materials of public policy: statutes, regulations, and the institutions that create and administer them. Topics will include Congress, the President and the administrative agencies; the process for forming statutes and regulations; and current disputes about the proper materials and techniques of interpretation.

The U.S. Litigation System: Institutions & Procedure

Professor E. Moglen

This course provides an overview introduction of the private-law litigation system in the U.S. Primary topics are: the structure and interrelation of U.S. state and federal courts, procedural mechanisms of litigation control, and the unique civil procedure associated with the distinctively American institution of the civil jury trial. Intensive attention will be paid to the analytical process of reading American case decisions.

ELECTIVES

Family Law

Professor M. Fineman

This basic offering will focus on legal regulation of marriage and other intimate relationships and will examine the sociological justifications for state intervention in families. Attention will be directed to economic aspects of marriage (including the equitable division of property by courts as well as private ordering), child support and child custody.

Contracts

Professor K.E. Parker

This course is an introduction to the central themes of American contract law and a presentation of modern issues affecting contracts in entertainment industries with particular emphasis on issues arising from developments in technology (videos, electronic mail, CD Rom, and cable television). Special attention is paid to those aspects of contract law that distinguish U.S. contracts law from the commercial law systems of Western Europe.

Torts

Professor S. Narasimhan

An introduction to the different bases of tort liability and the various functions of tort law. The relationship of tort law to other legal areas is examined.

Corporations

Professor H.J. Goldschmid

This is the basic course in corporation law. It emphasizes counseling and planning, business background, statutory developments, and social policy conside- rations. The course briefly considers incorporation of an enterprise, including factors relating to choosing a corporation as against other business forms (notably partnership). We then consider management and control of the corporation, action of directors and officers, and generally, distribution of powers within the corporate structure. The role of shareholders is examined, with special emphasis on proxy regulation under the Securities Exchange Act of 1934. The fiduciary obligations of directors, officers, and controlling shareholders receive major attention. This portion of the course considers regulation of disclosure and insider trading under Section 10 (b) and Rule 10b-5 of the Securities and Exchange Act. Much discussion centers around important state statutes, notably the New York Business Corporation Act and the Delaware General Corporation Law, and around provisions of the American Law Institute's Principles of Corporate Governance.

Judicial Federalism Professor

M.C. Dorf

The United States Constitution assumes that two sovereigns exercise power within most of the territory of the United States. The state and national governments each provide a variety of services, including court systems with considerable overlapping jurisdiction. In this course, we will examine the methods employed by courts of the United States to police the boundaries of state and national authority. Topics will include: the constitutional limits of national power; enforcement of national constitutional rights against the states; limits on national court jurisdiction arising out of the federalist system; and implications for transnational bodies. Most of the reading will consist of decisions of the United States Supreme Court.

FACULTY

MEMBERS OF THE COLUMBIA LAW SCHOOL FACULTY WHO WILL PROVIDE INSTRUCTION

Michael C. Dorf

Asst. Prof. of Law

A.B., Harvard College, 1986; J.D., Harvard Law School, 1990. Rotary Foundation Scholar in Physics, Victoria University of Wellington, New Zealand, 1986-87. Winner and Best Oralist, Ames Moot Court Competition, 1989. Law Clerk to the Hon. Stephen Reinhardt, U.S. Court of Appeals for the Nineth Circuit, 1990-91. Law Clerk to the Hon. Anthony M. Kennedy, Supreme Court of the United States, 1991-92. Assistant Professor of Law, Rutgers University (Camden), 1992-94. Reporter, New Jersey Supreme Court Committee on Jury Selection, 1992-94. Associate Professor of Law, Rutgers University (Camden), 1994-95. Publications include On Reading the Constitution (with co-author Laurence H. Tribe, 1991). Current areas of teaching and research interest include constitutional law, constitutional theory, federal courts, and civil procedure.

Martha Fineman

Maurice T. Moore Professor of Law

B.A., Temple, 1971; J.D., University of Chicago, 1975. Law clerk to Judge Luther M. Swygert, U.S. Court of Appeals for the Seventh Circuit. Taught at University of Wisconsin (Madison), 1976-1990; Visiting professor, Columbia, 1990-1991. Joined Columbia faculty in 1991. Founder and chair of annual Feminism and Legal Theory Conference since 1984. Served on Executive Committee, Law and Society Association, 1988-90 and 1993-96, board of trustees, 1993-96; board member, International Journal of the Sociology of Law, 1986-90. Served on various government study commissions, including one on the custody rules in Wisconsin; served as member of the Madison (WI) Equal Opportunity Commission. Publications include numerous articles and chapters on divorce law, child custody law, and feminist legal theory. Co-editor of At the Boundaries of Law: Feminism and Legal Theory (1990), The Public Nature of Private Violence (1994), and Mothers in Law (1995); author, The Illusion of Equality: The Rhetoric and Reality of Divorce Reform (1991) and The Neutered Mother, The Sexual Family and Other Twentieth Century Tragedies (1995). Research and teaching interests are in civil procedure, decision making, family law, children and the law, feminism and legal theory-critical theory, and families and poverty.

Harvey J. Goldschmid

Dwight Professor of Law

B.A., Columbia, 1962; J.D., 1965. Was articles editor of the Columbia Law Review. Law clerk to Judge Paul R. Hays of the Second Circuit Court of Appeals. After four years of practicing law with Debevoise & Plimpton, joined the Columbia faculty in 1970. Is chair of the Audit Committee and was chair of the Committee on Securities Regulation, 1992-95; was vice president, 1985-86; was chair of the Executive Committee, 1984-85; and chair of the Committee on Antitrust and Trade Regulation, 1971-74, of the Association of the Bar of the City of New York. Chair, Section on Antitrust and Economic Regulation of the Association of American Law Schools, 1976-78; and chair of the board of advisors, Program on Philanthropy and the Law, NYU School of Law, 1992-94. Founding director, Columbia University Center for Law and Economic Studies, 1975-78. Consultant on antitrust policy to the Federal Trade Commission, 1978-81, and member of the FTC's Task Force on High Technology and Innovation Issues, 1995-96. Served as reporter (on duty of care and the business judgment rule) for the American Law Institute's recently completed Corporate Governance Project, 1980-93, and was the reporter for the Second Circuit Judicial Conference Evaluation Committee, 1980-82, 1988-89. Publications include Cases and Materials on Trade Regulation (with Handler, Blake, and Pitofsky, 3rd ed.,1990); The Impact of the Modern Corporation (with Bock, Millstein, and Scherer, 1984); Business Disclosure: Government's Need to Know (1979); Industrial Concentration: The New Learning (with Mann and Weston, 1974); and many articles on antitrust, corporate law, securities law, and legal education.

Eben Moglen

Professor of Law and Legal History

B.A., Swarthmore, 1980; J.D., M. Phil., Yale, 1985; Ph.D., 1993. Was articles editor, Yale Law Journal. Law clerk to Judge Edward Weinfeld, Southern District of New York, 1985-86, and to United States Supreme Court Justice Thurgood Marshall, 1986-87. Joined the Columbia faculty in 1987. Executive Director, Leyden-Amsterdam-Columbia Summer Program since 1995. Principal areas of interest: Anglo-American legal history, constitutional law, and property.

Subha Narasimhan

Professor of Law

B.S., London, 1970; M.S., Stanford, 1972; Ph.D., 1975; J.D., Columbia, 1980. Prior to attending law school, worked for two years in research and development in the semiconductor industry. Law clerk to Louis H. Pollak, U.S. District Judge for the Eastern District of Pennsylvania. Joined the Columbia faculty in 1981. Principal areas of interest are in administrative law, occupational safety, environmental law, law and science, and torts. Gerald L. Neuman Professor of Law A.B., Harvard, 1973; Ph.D., Massachusetts Institute of Technology, 1977; J.D., Harvard, 1980. Law clerk to the Hon. Abner J. Mikva, U.S. Court of Appeals for the District of Columbia Circuit. Practiced law at Foley, Hoag & Eliot, 1981-84. Was on the faculty of the University of Pennsylvania Law School, 1984-92. Visiting Professor at Johann Wolfgang Goethe-Universitaet, Frankfurt, 1989. Joined the Columbia faculty in 1992. Publications include articles in the fields of constitutional law, immigration law, and comparative constitutional law.

Kellis E. Parker

Isidor and Seville Sulzbacher Professor of Law

B.A., North Carolina (Chapel Hill), 1964; J.D., Howard University School of Law, 1968. Was editor-in-chief of the Howard Law Journal. Clerk for Judge Spottswood W. Robinson III of the U.S. Court of Appeals for the District of Columbia, 1968-69; acting professor, University of California (David) Law School, 1969-72; associate professor, Columbia University School of Law, 1972-75; Professor 1975-present. Special areas of interest: remedies, contracts, Jazz Roots: The Laws the Slaves Made; music industry contracts; Volunteer Lawyers for the Arts. Executive committee board member, The City Club of New York; member of the following: Society of American Law Teachers; Law and Society Association; The Lawyers Guild; Committee for Fairness in Banking and Finance; National Rainbow Coalition; African-American Historical and Genealogical Association. Publications include Modern Judicial Remedies (1975).

Peter L. Strauss

Betts Professor of Law

B.A., Harvard, 1961; LL.B.,Yale, 1964. Was editor-in-chief of the Yale Law Journal. Was law clerk to Chief David Bazelon, U.S. Court of Appeals for the District of Columbia Circuit; and to Justice William J. Brennan, Jr. of the United States Supreme Court. From 1966 to 1968, taught criminal law at the Law School of the Haile Selassie I University in Ethiopia. From 1968 to 1971, was assistant to the Solicitor General of the United States, preparing briefs and arguing cases before the Supreme Court. Joined the Columbia faculty in 1971. >From 1975 to 1977 was on leave to be general counsel of the U.S. Nuclear Regulatory Commission. Publications include An Introduction to Administrative Justice in the United States (1989); Gellhorn & Byse's Administrative Law: Cases and Comments (with Rakoff, Schotland, and Farina, 1995); Administrative Law Problems (with Verkuil, 1983); and numerous law review articles. Principal fields of teaching interest: administrative law, constitutional law, legal education and legal methods.

SCHEDULE OF CLASSES

* On Wednesday July 17, 1996, a simulated jury trial will be conducted.

** On Friday July 26, 1996, a farewell dinner will conclude the 1996 Summer Program.

GENERAL INFORMATION

Admission requirements

Eligible for the Summer Program are law graduates, who are professionally active in the practice of law, industry, commerce, government, international organizations or related activities. Advanced undergraduate law students may be admitted in exceptional cases. English Proficiency in English is required of all participants. Classes will be conducted in English, and participants will be called upon in class to discuss materials previously assigned to them. In your application you are requested to be as specific as possible about your schooling and proficiency in the English language, and to give a frank evaluation of your ability to study and discuss American legal materials in English. Your objectivity in this regard will avoid subsequent disappointment.

Having passed the TOEFL-test is one of the ways in which you can indicate your proficiency in English.

Classes

Each participant is required to take courses in Constitutional Law, American Institutions of Public Law and The U.S. Litigation System and at least three additional courses. Ten hours of classroom discussion are scheduled for each course. Adequate preparation is expected of each participant. Upon completion of the Program, a certificate of attendance will be issued to all participants who have met these requirements.

Attendance

Attendance at classes is compulsory. Failure to attend classes will result in withdrawal of the right to receive the certificate, at the discretion of the Board of Directors.

Materials

In most courses, participants will be provided with casebooks of the kind used in American law schools. In some courses, only mimeographed materials will be distributed. Study materials will be distributed upon registration on Sunday June 30, 1996.

Expenses

Fee

The fee of 1,500 Dutch guilders covers tuition, study materials (one book of about 150 printed pages for each course), and all administrative expenses, including those of the extracurricular activities and the farewell dinner. However, meals and lodgings are charged separately.

Within one week after receipt of a formal notice of admission, the applicant must remit the fee of 1,500 Dutch guilders (cost of international money transfer not included) to account no.: 56 61 83 528, ABN-AMRO Bank, Breestraat 81, Leiden. The remittance should state: "fee Summer Course 1996". Tuition fees can on no account be refunded.

Lodging

All participants reside in student houses in Leiden, at a price of about 325 Dutch guilders for the duration of the Summer Course. More luxurious accommodation, like a hotel room, can be catered for at correspondingly higher costs. Under no circumstances will payment for lodgings be refunded.

Meals

On days on which classes are given, all participants are expected to attend the hot luncheons at 12.15 p.m. The price of each luncheon is about 25 Dutch guilders. Breakfast and evening meals will not be provided.

The total amount charged for tuition, luncheons and basic lodging will be approximately 2,450 Dutch guilders.

Scholarships

A limited number of scholarships is available. They may cover: a) Fees b) Lodgings c) Meals or d) Combinations of these, but not travel or personal expenses. A limited number of extra scholarships is available for participants from countries with rigid currency restrictions. When applying for a scholarship, please indicate the absolute minimum amount necessary to enable you to participate. Exceptional circumstances which might have a bearing on the scholarship award should be stated on the admission form.

Moreover, please note that students from certain countries (e.g. Germany) may apply for scholarships in accordance with arrangements between their respective governments and the government of The Netherlands. In such cases applicants must address themselves directly to the appropriate authorities of their own country.

Hans Smit Scholarship

In honor of Professor Hans Smit of Columbia Law School, founder and moving spirit of the Program from 1962 to 1994, the Board of Directors established in 1993 the Hans Smit Scholarship, which provides one exceptional student each year with tuition, housing, and an additional stipend. The Hans Smit scholar will be chosen by the Board of Directors during the period of the Program each session, after consultation with the Faculty. In making the selection, the Board will consider the candidates' academic performance, contributions to the learning environment for other students, and financial need. All enrolled students are eligible for and will be considered for award of the Hans Smit Scholarship.

Arrival

Participants are expected to arrive on: Sunday, June 30th, for the purpose of registration and allocation of housing. The location of the registration desk will be announced in due course. In the evening, from 8.00 p.m. onwards, an informal gathering will take place for the participants, the Directors of the Summer Program, faculty members and staff. All participants are requested to attend this meeting.

Extra Curricular Activities

(Subject to change)

Office of the Program

During the course, an information desk will be available. Here, participants can consult Ms Birgid Zaaijer, coordinator, and Ms Doremieke Kruithof, assistant, on all matters pertaining to the course. Before June 30th, Mss Zaaijer and Kruithof may be consulted during office time at telephone number +31.71.527 76 32.

Directors of the Leiden Session

Professor Polak may be consulted by special appointment to be made through his secretary, tel. 071-527 74 21.

Professor Moglen may be consulted after his lectures on all matters concerning the instructional part of the Program.

Please note: Applications for admission and scholarships are invited before March 31st, 1996 to:

University of Leiden, Faculty of Law

Columbia Summer Program

Hugo de Grootstraat 27

2311 XK Leiden, The Netherlands

fax: +31.71.527 76 00

email: jfsacsc@ruljur.leidenuniv.nl

World Wide Web

For those who have access to a World Wide Web browser, material of interest concening the Program can be found at http://www.columbia.edu/~em21/clasp.html

Alumni Association

The Amsterdam Session of 1997 will mark the 35th anniversary of the Program. During those years we have established a special relation with more than 1,500 past participants in the Program, now living and working throughout Europe and the world. In preparation for the Program's second generation, we are in the process of forming an Alumni Association. This Association will help participants keep in touch with one another and with the Program. The Board of Directors expects significant announcements affecting the Alumni Association and the future of the Program to be made during the 1996 Leiden session. Information can be obtained via email at: cla-alumni@lawmail.columbia.edu

1997 Amsterdam Session

For information regarding the 1997 Amsterdam Session, please refer to:

University of Amsterdam, Faculty of Law

Columbia Summer Program

Postbox 1030

1000 BA Amsterdam, the Netherlands

tel. + 31.20.525 34 39

fax. + 31.20.525 34 95

Email: Nelissen@Sara.nl

FINANCIAL SUPPORT

We are most fortunate to have enjoyed, in increasing measure, the financial support of Dutch law firms. Their gifts introduce in the Netherlands a new form of sponsorship which, traditionally, is one of the most important means of financing legal education in the United States. The Dutch contributing law firms in 1994 and 1995 were:

Barents & Krans

Caron & Stevens

Clifford Chance

Houthoff Van Heycop Ten Ham

Loeff Claeys Verbeke

Nauta Dutilh

Pels Rijcken & Droogleever Fortuijn

Stibbe Simont Monahan Duhot

Trenité Van Doorne

The financial support of many Dutch companies, foundations and the Ministry of Justice enables us to continue this Program successfully. We most gratefully acknowledge the support given to the 1994 and 1995 Programs by the following:

Ahrend Groep N.V.

Heineken N.V.

Marcel Henri Bregstein Stichting

Metaalcompagnie Brabant B.V.

Ministerie van Justitie

Rabobank Nederland

Wolters Kluwer Nederland

Fortunately, many firms also offered us support for the 1996 Session. At the time of printing, the list was not yet completed. We will print a complete list in next year's brochure.