Professor of Law
The Law Faculties of Columbia University in the City of New York,
Leiden University, and the University of Amsterdam announce that the
thirty-eighth Summer Program in American Law will be offered at Leiden
University from July 2 through July 28, 2000.
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.
Preface Introduction Sponsors Curriculum Class Schedule Faculty Enrollment
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, and 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 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 traveling westwards, your body is permitted to stay in the east.
The Leyden-Amsterdam-Columbia Summer Program in American Law started in 1963, has been organized ever since and is therefore, in 2000, in its 38th 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 to or your neighbor 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 organized, 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, discos 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 38 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 2000 has started.
-Maurice V. Polak
Executive Director
Since 1963 the faculty of Columbia Law School, in
cooperation with our partners in the law faculties of Leiden and Amsterdam,
have offered this Summer Program in American Law to introduce our legal system
to students from the world over. We have learned a great deal in thirty-seven
years about how to present a combination of basic material and advanced legal
analysis to young lawyers from other systems. They, in turn, have taught us a
great deal about our craft of teaching and, through their questions and
discussions, about our law.
This coming summer my colleagues will return to
Leiden with an extraordinary program of offerings. In addition to our
required introductions to constitutional law, civil litigation, statutes and
administrative practice, we will present a newly- redesigned introduction to
researching American law. This course, which has been under development for
several years and has been refined through presentation in a variety of
settings, offers what we at Columbia believe is the most effective route to
rapid mastery of the materials of our law. Through explanatory lectures and
hands-on training we can afford students and practitioners who need the
ability to find US law a range of skills that we think are available nowhere
else in a short course. For those considering an LLM degree in a US law
school, whether at Columbia or elsewhere, we believe these offerings provide
an invaluable foundation to make your LLM study more successful and
rewarding.
Along with this expanded basic curriculum, we will
present a wide range of elective courses exploring fast-developing areas of US
law. From the fundamentals of contracts law to to the legal revolution sparked
by the Internet, scholars studying and participating in current legal change
will be bringing you the newest developments, and the context in which to
understand them. Students and young practitioners interested in these areas
will find both a comprehensive survey of US law as it stands, and also an
opportunity to discuss forthcoming developments with professors who are among
those best placed to observe and affect them.
One of the unique features of American legal
education has always been the give-and-take of classroom discussion. My
colleagues from the Columbia faculty volunteer to participate in the Program
because of the excitement it offers them as teachers, giving them a chance to
bring their style of class discussion to a different and fascinating range of
students. We urge you to come to meet us in Leiden in July 2000, to be part of
a Program that is in its second generation of achieving extraordinary results,
for participants and faculty alike.
Eben Moglen
Executive Director
For many years, substantial financial contributions to our Program have come from American foundations and major American law firms active in the international area. Their support confirms their dedication to law and legal education and testifies to their belief in the importance of fostering intellectual and professional ties among persons trained in diverse legal systems.
We are also most grateful for the financial support we receive from Dutch law firms. Their contributions have introduced 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 contributing law firms are:
Boekel de Nerée
Derks Star Busmann Hanotiau
Loeff Claeys Verbeke
Pels Rijcken Droogleever Fortuijn
Stibbe Simont Monahan Duhot
Barents & Krans
The example given by our American contributors has prompted generous support by a number of European foundations and corporations as well. We are indebted to the following organizations for their financial support in 1999:
Metaalcompagnie Brabant B.V.
Rabobank Nederland
The constant support we receive is evidence of the truly international spirit of our Program. The organization, instruction and financial support all come from American and European sources. The Program is thus in its very essence a most promising testimony to what truly international co-operation can achieve.
To assure a shared basic knowledge, Statutes, Civil
Procedure and Constitutional Law are compulsory courses for all participants.
In addition, each participant is required to enroll in at least three elective
courses in Legal Research, Contracts, Internet Law, Lawyering in The Digital
Age or International Business Transactions.
As the number of participants in an elective course
may be limited, applicants are requested to list on the registration form all
available electives in order of their preference.
Civil Procedure
Professor Philip Genty
This course provides an overview introduction of the
private-law litigation system in the United States. 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.
Statutes & Regulations
Professor Peter Strauss
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.
Constitutional Law
Professor Kendall Thomas
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 act.
Lawyering in the Digital
Age
Professor Conrad Johnson
Learn how cutting edge lawyering is practiced in the
U.S. Experience the ways in which digital technology, the Internet,
knowledge management systems, electronic mail, teleconferencing and video
conferencing have changed what lawyers do and how they do it. Explore how
technology has and will reduce the barriers created by distance or culture and
how practice across borders is made increasingly possible. Understand the
ways in which technology is changing expectations and how you can prepare to
meet those expectations.
Contracts
Professor Kellis 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 West Europe.
Internet Law
Professor Eben Moglen
This course considers the legal significance of the development of computer-assisted communications, including the network of computer networks known at the Internet. American law has begun to adjust to conditions created by technological changes that the rest of the world will experience in the next decade. The goal here is to present the American experience, along with some social theory helpful in understanding the relation between rapid technological change and the legal system's response. Topics covered will include the law of encryption, secrecy and anonymity; the effect of computer-assisted communication on contracts rules and private international law; new challenges to the visibility of the intellectual property system; and the application of competition law to the new technological environment. No prior experience with the Internet is required, but students will get a quick hands-on introduction to some of the technology in question.
Legal Research -
Beginning to Advanced Instruction in Finding U.S. Law
Chris Knott
This course uses print and electronic research
practices to introduce participants to the textual sources of American law.
Focusing on the processes that produce statutes, case reports and regulations,
as well as their dissemination in print and electronic forms, the course shows
how to become a proficient researcher in American legal material. Students
will learn the basic tools of the practicing attorney and the skills of
finding and merging texts in particular situations to provide an accurate
basis for analysis and decision-making. The course will also review lawmaking
and publishing from a comparative viewpoint, so that the distinctive
requirements of American legal research can be emphasized.
International Business
Transactions
Alejandro Miguel Garro
The main purpose of this seminar is to familiarize European counsel with American perspectives. Accordingly, the problems to be assigned for class discussion, as well as the cases and materials that will serve as background reading, will focus on a variety of international would not permit an extensive treatment of each topic, a glimpse at the distinctive features of American law will be helpful to establish the kind of give-and-take communication which is necessary for a truly cooperative handling of international commercial transactions.
| first week July 3 |
second week July 10 |
third week* July 17 |
fourth week** July 24 |
|
| 09.30 - 10.30 | Civ. Pro. | Civ. Pro. | Int'l Bus. | Int'l Bus. |
| 11.00 - 12.00 | Statutes | Statutes | Law. Dig. Age | Law. Dig. Age |
| LUNCH | ||||
| 2.00 - 3.00 | Research | Research | Contracts | Contracts |
| 3.30 - 4.30 | Con. Law | Con. Law | Internet Law | Internet Law |
* On Monday, July 3, 2000, there will be a reception,
starting at 7:00 p.m.
** On Wednesday July 19, 2000, a simulated jury trial
will be conducted.
*** On Friday July 28, 2000, a farewell dinner will
conclude the Program.
B.A., Colorado College, 1977; J.D., New York University, 1980. Worked as an
attorney at Prisoners' Legal Services of New York, for the New York City of
Housing, Preservation and Development, and for the Bedford-Stuyvesant
Community Legal Services Corporation. Joined the faculty of Brooklyn Law
School in 1987, where he taught legal writing, and a seminar on the rights of
prisoners. Was the top individual winner of the 1986 Mayor's Volunteer Service
Awards for his implementation of the Rikers Island Parents' Legal Rights
Clinic. Joined the Columbia faculty in 1989. Has written on family law and
prisoners' rights.
Conrad Johnson
Professor of Law
B.A., Columbia, 1975; J.D., Brooklyn, 1978. Upon graduation from law
school, worked as staff attorney in Harlem office of Legal Aid Society; civil
Division named attorney-in-charge in 1983. Joined the faculty of the City of
University of New York Law School in 1987; taught courses in lawyering,
professional responsibility; and civil procedure, and supervised students in
simulation program. Joined the Columbia faculty in 1989, where he co-founded
the School's Fair Housing Clinic. Named Director of Clinical Programs at
Columbia, 1992. Member Mayor's Committee on the Judiciary, 1990-94; member,
Professional Education Project by appointment of the Hon. Judith Kaye, member,
board of directors, Clinical Legal Education Association.
Kellis E. Parker
Isidor and Seville Sulzbacher Professor of Law
B.A. North Carolina (Chapel Hill), 1964; J.D., Howard, 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,
1968-1969; acting professor, University of California (Davis) Law School,
1969-1975; associate professor, Columbia University School of Law, 1972-1975;
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 U.S. 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), 1995; and numerous law review
articles. Principal fields of teaching interest: administrative law,
constitutional law, legal education and legal methods.
Alejandro Miguel Garro
Lecturer in Law
J.D. (abogado), National University of La Plata (Argentina), 1975; LL.M., Louisiana State, 1979; J.S.D., Columbia, 1990. Engaged in private practice in Argentina until 1977. Research assistant to the Louisiana State Law Institute, 1979-80 and subsequently joined the LSU faculty. Came to Columbia in 1981 as lecturer in law and associate research scholar of the Parker School of Foreign and Comparative Law. In 1983-85 was collaborateur scientifique at the Swiss Institute of Comparative Law in Lausanne; visiting scholar at the Max Planck Institut für ausländisches und internationales Privatrecht, Hamburg, 1993; and visiting professor at the University of Puerto Rico, 1992, SMU, 1995, and Fribourg, 1996, National University of Buenos Aires, 1997, and University Torcuato Di Tella (Argentina), 1998-1999. Member of the panel of international arbitrators of the American Arbitration Association, National Futures Association, and Federación Argentina de Arbitraje y Conciliación. Member of the American Academy of Foreign Law and Asociación Argentina de Derecho Comparado. Consultant to the U.S. Agency for International Development on administration of justice in Latin America, to the World Bank and the Academia de Legislación y Jurisprudencia of Puerto Rico on secured financing, and to the International Institute for the Unification of Private Law on international commercial contracts. Also serves as a consultant to Human Rights Watch/Americas, Lawyers Committee for Human Rights, Center for Constitutional Rights, and Center for Justice and International Law. Principal areas of teaching and research interests include comparative law and international business transactions, Latin American law, and inter-American system for the protection of human rights. Publications include The Louisiana Public Records Doctrine and the Civil Law Tradition (1989); Labor and Commercial Arbitration in Central America (ed., 1990); Compraventa Internacional de Mercaderías (with A. Zuppi, 1990); and numerous articles on international protection of human rights.
Christopher Knott
Head of Public Services,
Arthur W. Diamond Library, Columbia Law School
B.A., University of Iowa, 1985; J.D., University of Michigan, 1988; M.L.I.S., Indiana University, 1994. Commerical litigator in private practice in Washington, D.C.., 1988-1992. Joined Columbia Law School Library staff in 1994. Assisted in teaching Columbia Law School's Advanced Legal Research course every year since its inception. Adjunct Assistant Professor of Law, Fordham Law School, 1998-1999 (taught courses in advanced legal research). Principal areas of interest include printing history, history of codification, legal research.
B.A., Yale, 1978; J.D., 1982. Joined the Columbia faculty in 1984. Principal areas of interest: constitutional law, theory and history, law and sexuality, and Critical Race Theory.
Eben Moglen
Professor of Law
Executive Director
B.A., Swarthmore, 1980; J.D., M.Phil., Yale, 1985; Ph.D., 1993. 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, 1987. Principal areas of interest are Anglo-American legal history, constitutional law, computers and free expression, and intellectual property. Publications include Anarchism Triumphant: Free Software and the Death of Copyright, First Monday, August 1999; The Invisible Barbecue, 97 Colum.L.Rev. 945 (1997); Considering Zenger: Partisan Politics and the Legal Profession in Colonial New York, 94 Colum.L.Rev. 1495 (1994).
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.
Applications for admission and scholarships
are invited before May 30th, 2000:
Leiden University, Faculty of Law
Columbia Summer Program
Attn: Mrs. B. Zaaijer
Hugo de Grootstraat 32
2311 XK Leiden, The Netherlands
fax: +31.71.5277600
e-mail:
columbiasc@law.leidenuniv.nl
Language and Method of Instruction
Proficiency in English is required of all participants.
Classes will be conducted in English, in the manner customary at the Columbia
Law School. Participants will be called upon in class to discuss the materials
previously assigned to them. In describing in your application your schooling
and proficiency in the English language, you are requested to be as specific
as possible and to give a frank evaluation of your ability to study and
discuss American legal materials. Your objectivity in this respect will avoid
subsequent disappointment. Having passed a TOEFL test is one of the ways in
which you can indicate your proficiency in English.
Classes
Participants will receive due notice of any changes in
the curriculum that may prove to be necessary. Each participant is required to
take courses in Constitutional Law, Statutes & Regulations and Civil
Procedure, and at least three elective courses. Since the number of
participants in each elective course may be limited, applicants are requested
to state four elective courses in order of their preference. Ten hours of
classroom discussion are scheduled for each course. Participants are required
to attend all classes in the courses for which they have registered. 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. There will be no final examination.
Attendance
Attendance of 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.
Study 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, July 2, 2000.
Preliminary reading
Participants are advised to read: A. Farnsworth, An Introduction to the
legal System of the United States (Oceana Publications, New York) before
attending the Program..
Reading room and libraries
At the faculty building, where all classes will be
held, a special reading room is available to all participants. Participants
may consult the American law collection.
Expenses
Fee
A fee of three thousand Dutch guilders (Dfl. 3,000)
covers tuition, study materials for six courses, and all administrative
expenses, including those of the extra curricular activities and the farewell
dinner. Participants who have not yet graduated will pay a reduced fee of Fl.
1,500. Meals and lodgings will be charged separately.
Lodgings
All participants reside in student houses in Leiden. Under no circumstances
will payment for lodging be refunded. A price of about Dfl. 450 is charged
for the duration of the Program.
Meals
On days on which classes are given, all participants
are expected to attend the lunches organized by the Program. The total amount
charged for 20 lunches is Fl. 500. As a rule, friends or relatives cannot be
admitted to the lunches. No other meals will be provided. Upon registration
each participant will be supplied with a list of suitable restaurants in
Leiden.
The total amount charged for tuition, lunches and
lodging will be approximately 3950 Dutch guilders (students Dfl. 2450).
Scholarships
A limited number of scholarships is available for
participants unable to raise the necessary funds on their own or with the help
of their employer, family or friends. The scholarships may cover a) tuition,
b) lodging, c) lunches, or d) combinations of these, but on no account do they
cover travel or personal expenses. When applying for a scholarship, please
indicate the absolute minimum amount necessary to enable you to participate,
and the reasons why you have no alternative but to apply to the Program for
financial assistance. Applicants eligible for scholarships under arrangements
between their respective governments and the government of the Netherlands
must address themselves directly to the appropriate authorities in their own
country.
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 Hans Smit, Stanley H. Fuld Professor of
Law, Columbia University, who initiated the Leyden-Amsterdam-Columbia Summer
Program in American Law in 1963, a special scholarship has been established.
Each year one promising candidate will be selected who would not be able to
attend without financial assistance. The Hans Smit Scholarship covers tuition,
lodging, meals, and pocket money.
Administrative matters
Arrival and registration
It is imperative that all participants arrive on
Sunday, July 2, for the purpose of registration and allocation of housing,
between 12.00 - 6.00 p.m. 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.
Inaugural session
The inaugural session will take place on Monday, July
3, 2000, from 8:00 p.m. on. The inaugural session will be followed by a
reception for participants, faculty members, and invited guests.
Extra Curricular activities
(Subject to change)
Saturday, July 8 Excursion
Friday, July 14 Excursion
Wednesday, July 19 Moot Court
Saturday, July 22 Excursion
Friday, July 28 Farewell
Directors of the Leiden Session
During the Program Professor Polak may be consulted by
special appointment to be made through his secretary, tel. 071-527-7421.
Professor Moglen may be consulted on all matters concerning the instructional
part of the Program before July 2, 2000 via e-mail: moglen@columbia.edu or during the
Program after his lectures.
Office of the Program
During the course, an information desk will be available. Here, participants
can consult Mrs. Brigid Zaaijer, coordinator, and Mrs. Daphne Thuis,
assistant, on all matters pertaining to the course.
Before July 2, Mrs. Zaaijer and Mrs. Thuis may be consulted at +31.71.5277632; fax +31.5277732 or e-mail columbiasc@law.leidenuniv.nl
For information regarding the 2000 Leiden session,
please refer to:
Leiden University, Faculty of Law
Columbia Summer Program
Attn. Mrs. B. Zaaijer
Hugo de Grootstraat 27
2311 XK Leiden, the Netherlands
tel. +31.71.527.76.32
fax: +31.71.527.77.32
email:
columbiasc@law.leidenuniv.nl
Executive Directors
M.V. Polak, Professor of Law
Leiden Universtiy
E. Moglen, Professor of Law
Columbia University
K. Thomas, Professor of Law Columbia University
Coordinator
Mrs. B. Zaaijer
Board of Directors
E.A. Alkema (Leiden)
M.V. Polak (Leiden)
G.A. Bermann (Columbia)
L.H.A.J.M. Quant (Amsterdam)
Th.M. de Boer (Amsterdam)
J.W. Zwemmer (Amsterdam)
E. Moglen (Columbia)
C. van Raad (Leiden)
W. Simons (Leiden)
K. Thomas (Columbia)