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The Law Faculties of Columbia University in the City of New York,
Leiden University, and the University of Amsterdam announce that the fortieth
Summer Program in American Law will be offered at Leiden University from June
30 through July 26, 2002.
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 2002, in its 40th 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 40 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 2002 has started.
-Maurice V. Polak
Board of Directors
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 forty 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 2002, 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:
[under construction]
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, Human Rights, Internet Law, or Criminal Law and Process.
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
Dean Ellen Chapnick
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, Environmental
Law
Professor Edward Lloyd
This course will consider some fundamental
structural characteristics of the American political and legal system having
particular importance for public law, with specific application to the field
of environmental 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 context of American environmental regulation illuminates the complex
interplay of institutions and interpretations that results in the uncertain
implementation of social policy.
Constitutional Law
Staff
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.
Human Rights in International Constitutional Perspective
Professor Jack Greenberg
The course will compare, and build bridges between, the law of International
Human Rights and the Constitutional law of rights in the United States. We
will examine the history, theory, and sources of rights in the two systems,
the institutions for implementing them, and the remedies for violations. We
will also compare the treatment of particular rights in the two systems: for
example, the right to life (capital punishment?); freedom of expression
(including hate speech); freedom of religion; equality and the equal
protection of the laws (including affirmative action); and economic and social
rights. Topics will be considered in comparison to laws of other
countries.
Contracts
Staff
This course is an introduction to the central themes of American contract law and a presentation of modern issues affecting contracts. 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
Kent McKeever
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.
Federal Criminal Law and Enforcement, and Its International Dimensions
Daniel Richman
| first week July 1 |
second week July 8 |
third week* July 15 |
fourth week** July 22 |
|
| 09.30 - 10.30 | Civ. Pro. | Civ. Pro. | Crim. Law | Crim. Law |
| 11.00 - 12.00 | Statutes | Statutes | Human Rights | Human Rights |
| LUNCH | ||||
| 2.00 - 3.00 | Research | Research | Contracts | Contracts |
| 3.30 - 4.30 | Internet Law | Internet Law | Const'l Law | Const'l Law |
* On Monday, July 1, 2002, there will be a reception,
starting at 7:00 p.m.
** On Wednesday July 17, 2002, a simulated jury trial
will be conducted.
*** On Friday July 26, 2002, a farewell dinner will
conclude the Program.
Assistant Dean Ellen P. Chapnick is the founding director of the Center for Public Interest Law at Columbia Law School. She joined Columbia after 20 years as a federal litigator including as the senior partner responsible for the environmental law department at Wolf Pepper Ross Wolf & Jones where, among other matters, she served as a plaintiff's lawyer in the Exxon Valdez Oil Spill Litigation, for which she and her co-counsel shared the Trial Lawyers for Public Justices 1995 Trial Lawyer of the Year Award.
Her recent pro bono work includes being co-president of the Center for Constitutional Rights, co-chairing the Court as Employer Subcommittee of the Second Circuit Task Force on Gender, Racial and Ethnic Fairness, and serving on the Association of American Law Schools Task Force on Pro Bono and Public Service Opportunities, of which she is the chair-elect. Dean Chapnick has received the 1997 Pro Bono Publico Award from Pro Bono Students America and a 1998 award in recognition of outstanding pro bono publico service from the Legal Aid Society of the City of New York. She is the author of several articles and the Access to the Courts chapter in the ABA's The Law of Environmental Justice.
Dean Chapnick is an honors graduate of the Georgetown University Law Center and Cornell University, College of Arts and Sciences.
B.A., Columbia, 1945; LL.B., 1948; LL.D., Central State College (Ohio), 1965; Morgan State College, 1965; Lincoln (Pennsylvania), 1977; John Jay College of Criminal Justice, 1983; Columbia, 1984; De Paul, 1994. Assistant counsel, NAACP Legal Defense and Educational Fund, 1949-61; director-counsel, 1961-84. Argued before U.S. Supreme Court in forty cases, including Brown v. Board of Education, 1954, which declared "separate but equal" unconstitutional; argued other cases in the Supreme Court and other courts involving civil rights in all its aspects. Founder, Earl Warren Legal Training Program. Participated in human rights missions to the Soviet Union, Poland, South Africa, the Philippines, Korea, Nepal, and elsewhere. Adjunct professor, Columbia Law School, 1970-84; visiting lecturer, Yale Law School, 1971; Harvard Law School, 1983. Dean, Columbia College, 1989-93. Visiting professor, College of the City of New York, 1977; University of Tokyo Faculty of Law, 1993-94; distinguished visiting professor, St. Louis University Law School, 1994. Visiting professor, Lewis and Clark Law School, 1994, 1996; Princeton University, 1995; and University of Munich, 1998; Tokyo University, 1996, 1998; University of Nuremberg-Erlangen, 1999-2000. Cardozo lecturer, Association of the Bar of the City of New York, 1973. Fellow, American Academy of Arts and Sciences, 1998. Awarded American Bar Association Thurgood Marshall Award, 1996. Founding member, Mexican-American Legal Defense and Education Fund. Member, boards of the Asian American Legal Defense and Education Fund; Human Rights Watch (1978-98); and NAACP Legal Defense and Educational Fund. Awarded the Presidential Citizens Medal (2001). Publications include Race Relations and American Law (1959); "Litigation for Social Change," (1973); Cases and Materials on Judicial Process and Social Change (1976); Dean Cuisine: The Liberated Man's Guide to Fine Cooking (with Vorenberg, 1991); Crusaders in the Courts: How a Dedicated Band of Lawyers Fought for the Civil Rights Revolution (1994); and articles on civil rights, capital punishment, and other subjects. Teaching interests include constitutional, civil rights, and human rights law, civil procedure, and South Africa's post-apartheid constitution.
B.A., chemistry, Princeton, 1970; J.D., University of Wisconsin, 1973; served as staff attorney and executive director of the New Jersey Public Interest Research Group, 1974-83. Currently serving, since 1983, as general counsel to the New Jersey Public Interest Research Group. Founding director of the Rutgers University Law School Environmental Law Clinic, 1985-2000. Lectured on environmental legal issues at Judicial College for New Jersey judges, on citizen suit litigation at the Practicing Law Institute, and on numerous environmental courses for the practicing bar at the New Jersey Institute for Legal Education. Currently co-founder and co-director of the Eastern Environmental Law Center and a member of the Litigation Review Committee of the Environmental Defense Fund, 1991-present. Served as member, New Jersey Supreme Court Committee on Environmental Litigation; conferee, Governor's Conference on Electricity Policy, Planning and Regulation; and chairman, board of directors, New Jersey Environmental Voters' Alliance, 1983-87. Testified before the U.S. Senate and House of Representatives committees on environmental enforcement.
Kent McKeever has been the Director of the Arthur W. Diamond Law Library of
the Columbia Law School since 1996. Before that he had served as the Acting
Law Librarian, the Head of Technical Services, and the International, Foreign,
and Comparative Law Librarian at Columbia, and as a Reference Law Librarian at
the Fordham Law School Library. He received his Juris Doctor and his Masters
in Library Science simultaneously from Lousiana State University in 1980. He
has also served as a Lecturer at the Columbia University School of Library
Service from 1986 through 1991, and has taught in a variety of professional
development programs ranging from Fudan University in Shanghai to a US AID
program in Almaty, Kazakhstan.
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).
Daniel Richman
Visiting Professor of Law,, Columbia Law School (Fall 2002)
Professor, Fordham University School of Law (1992- )
B.A., Harvard College, 1980; J.D., Yale, 1984. Notes editor, Yale Law
Journal. Law clerk to Chief Judge Wilfred Feinburg, Second Circuit Court of
Appeals, 1984-85, and to United States Supreme Court Justice Thurgood
Marshall, 1985-86. Assistant United States Attorney, U.S. Attorney's Office
for the Southern District of New York, 1987-92, and Chief Appellate Attorney,
1991-92. Visiting Associate Professor University of Virginia School of Law.
1996-97. Consultant to U.S. Department of Justice, Office of the Inspector
General, 1997-2000; U.S. Treasury Department, Waco Administrative Review,
1993-1994. Principal areas of interest are Federal Criminal Law, Criminal
Procedure, and Evidence.
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, 2002:
Leiden University, Faculty of Law
Columbia Summer Program
Attn: Mrs. B. Zaaijer
P.O. Box 9500
2300 RA Leiden, The Netherlands
fax: +31.71.5277298
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, June 30, 2002.
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 (Euro) E 1500 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 (Euro) E 750. 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 (Euro) E 200 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 approximately (Euro) E 225. 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 E 1925 (students E 1175).
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, June 30, 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
1, 2002, from 7:00 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 6 Excursion
Friday, July 12 Excursion
Wednesday, July 17 Moot Court
Saturday, July 20 Excursion
Friday, July 26 Farewell
Directors of the Leiden Session
During the Program Professor Simons may be consulted by
special appointment to be made through his secretary, tel. 071-527-7820.
Professor Moglen may be consulted on all matters concerning the instructional
part of the Program before June 30, 2002 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. Birgid Zaaijer, coordinator, and Ms. Sanne Bruinstroop and
Ms. Chantal Korteweg, assistants, on all matters pertaining to the course.
Before July 1, Mrs. Zaaijer, Ms. Bruinstroop and Ms. Korteweg may be consulted at +31.71.5277632; fax +31.5277298 or e-mail columbiasc@law.leidenuniv.nl
For information regarding the 2002 Leiden session,
please refer to:
Leiden University, Faculty of Law
Columbia Summer Program
Attn. Mrs. B. Zaaijer, LLM
P.O. Box 9500
2300 RA Leiden, The Netherlands
tel. +31.71.527.76.32
fax: +31.71.527.7298
email:
columbiasc@law.leidenuniv.nl
Executive Directors
W. Simons, Professor of Law
Leiden Universtiy
E. Moglen, Professor of Law
Columbia University
Coordinator
Mrs. B. Zaaijer
Board of Directors
G.A. Bermann (Columbia)
Th.M. de Boer (Amsterdam)
E. Moglen (Columbia)
M.V. Polak (Leiden)
C. van Raad (Leiden)
W. Simons (Leiden)
K. Thomas (Columbia)
Friedl Weiss (Amsterdam)
J.W. Zwemmer (Amsterdam)