LEYDEN - AMSTERDAM - COLUMBIA

SUMMER PROGRAM IN AMERICAN LAW

June 27 - July 23, 2004

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The Law Faculties of Leiden University, the University of Amsterdam and Columbia University in the City of New York announce that the fourty-second Summer Program in American Law will be offered at Leiden University, from June 27 through July 23, 2004.

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. The course is also appropriate for others who are interested in the common law system.

Executive Directors
William B. Simons, Professor of Law, Leiden University
E. Moglen, Professor of Law, Columbia University

Coordinator
Mrs. B. Zaaijer, LL.M.

Board of Directors
M.V. Polak (Leiden)
C. van Raad (Leiden)
W.B. Simons (Leiden)
L.H.A.J.M. Quant (Amsterdam)
J.W. Zwemmer (Amsterdam)
G.A. Bermann (Columbia)
E. Moglen (Columbia)
K. Thomas (Columbia)

All correspondence regarding the 2004 Course should be addressed to:

Leiden University, Faculty of Law
Columbia Summer Program
Attn. Mrs. B. Zaaijer
P.O.Box 9500
2300 RA Leiden, The Netherlands
tel. +31.71.527.76.32
fax: +31.71.527.72.98
email: columbiasc@law.leidenuniv.nl

Please note: the application form can also be downloaded from our webpage: www.columbiasummerprogram.org

Preface

The talk of secret weapons seems to go in cycles, as much if not all in history. The cycle seems to be approaching its peak in geopolitics in the beginning of the 2000s. But there is also a secret weapon for learning, at least a generic secret across much of Europe. This is the weapon, or perhaps better termed the "tool", of summer school.

Many students either do not know about summer school or think that it will take up their entire summer and, therefore, is simply not for them.

Fortunately, the Leyden-Amsterdam-Columbia Summer Program in American Law is not a secret; it has been in existence for more than four decades. Still, perhaps there are students out there who think that this is not for them. Let me attempt briefly to convince you that you are wrong. The program is but a one-month session, not the entire summer. There still is time to be gainfully employed by earning money (rather than by learning, although I should not fail to mention that learning is cool). Alternatively, you will still have the month of August after the Columbia Summer Program to find the beach of your dreams and recover from a hard academic year.

The Columbia Summer Program is not an easy one, for that matter. It brings top Columbia Law School professors to The Netherlands where each day during the working week you will need to do your reading in advance of class (not during or after). The reason is that the Socratic method permeates the halls of the Leiden Law Faculty for the month of July. You are made a part of the process, not the object thereof. It is not merely note taking in class; it is the interaction between instructor and student that makes things alive and interesting.

It is an intensive program but also a highly rewarding one. It makes a month of hard study equal in many ways to a semester of hard work during the fall or spring terms.

The reward is not only in the lecture halls and in the teaching style however. The city of Leiden has numerous musea, for example, that allow you to add culture to your own program. When that option is not on the cards, you can partake of evening music at such places as the Duke Jazz Café or row leisurely along the many canals and ‘grachten’ that meander their way through the city and environs. This would not be The Netherlands if th ere were not bicycle riding; to be sure, there are a plethora of bike paths and trails for the experienced as well as for the novice biker.

But perhaps as rewarding as the heightened knowledge of American law, the interaction with world class educators, and the chance to take in culture, cuisine, or canoes, the LACSP offers students a unique chance to meet with their peers from a variety of countries all through the large Europe of the Council of Europe and even beyond, not only the old small(er) Europe of the EU.

The profile of past program alumni is one of students who are motivated to use the increasingly not-so-secret weapon of summer school in Europe to advance their knowledge and their outlook on law and life. These are your peers who in a few years will have advanced in their careers and whom you will be able to turn for advice as well as friendship; they, in turn, will have your friendship and can also turn to you for advice and counsel.

The 2004 summer in Leiden promises to be as stimulating and enjoyable as past summers, be they the Leiden or the Amsterdam years. If you have not been made fully aware of this program, look at the brochure/site in more detail. If you have thought of the program but are uncertain, do not hesitate. Studying American law in the US is fine, but an intensive four-week course in Leiden with stellar Columbia faculty is as good in many respects––and in some even better: while New York, after all, does have a Canal Street, it simply cannot compete with the view and the charm of the Rapenburg.

Professor William B. Simons
Leiden University, Faculty of Law
Executive Director

Introduction

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 fourty-one 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 LL.M. degree in a US law school, whether at Columbia or elsewhere, we believe these offerings provide an invaluable foundation to make your LL.M. 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 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 2004, 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

Program of Instruction

To assure a shared basic knowledge, Litigation and Statutes are compulsory courses for all participants. In addition, each participant is required to enroll in at least four elective courses.

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.

Compulsory Courses

Statutes

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 material 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.

Litigation

Professor Edward Lloyd

An introduction to legal institutions and processes: the skills necessary in the proffesional use of case law and legislation. The sources and forms of Anglo-American law, the analysis and synthesis of judical precedents, the interpretation of statutes, the coordination of judge-made and statute law and the use of legal reasoning.

Electives

Contracts

Edward Morrison

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, Director Columbia Law School Library

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

Professor Alejandro Garro

This course will focus on transactions and deal with the regulation of international trade topics as background for the modern international transactions lawyer. Reflecting an approach focused on private transactions, the course will also focus on international trade in goods, which will comprise the bulk of the classroom sessions, and will treat the international trade topics in the second portion of the course. The emphasis of the book to be used is on the relationship between the public and private law topics.

Lawyering in the Digital Age

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.

Comparative Corporate Governance

Curtis Milhaupt

Schedule of Classes

* On Wednesday July 14, 2004, a simulated jury trial will be conducted

** On Friday July 23, 2004, a farewell dinner will conclude the Program

Faculty

Alejandro Garro

Adjunct Professor of Law; Senior Research Scholar, Parker School of Foreign and Comparative Law

Alejandro M. Garro joined Columbia Law School in 1981 as Lecturer in Law and is now Adjunct Professor of Law and Senior Research Scholar of the Parker School of Foreign and Comparative Law of Columbia University. His areas of teaching focus on comparative law and international commercial law (international sales, secured transactions, international arbitration and litigation. He has taught courses on Latin American law and the inter-American system for the protection of human rights.

Garro's research and writing explores various aspects of Latin American legal systems from a comparative perspective. For example, his work on international sales ("Compraventa Internacional de Mercaderias") compares the Vienna Convention on Contracts for the International Sale of Goods with the rights, obligations, and remedies enjoyed by sellers and buyers under the domestic sales law of various Latin American jurisdictions. In his work on "Latin American Arbitration Law and Practice," Garro provides an overview of the different approaches taken by arbitration statutes recently adopted in some Latin American countries.

Before joining Columbia in 1981, Garro taught at Louisiana State University School of Law. While at LSU, Garro taught a first-year law course on Louisiana civil law and a senior course on secured transactions. During the period 1983 to 1985 he joined the Swiss Institute of Comparative Law in Lausanne as collaborateur scientifique. In 1993 and also in 2001, Garro was a visiting scholar ((Max-Planck-Gesellschaft-Stipendiat) at the Max-Planck Institute of Foreign and Private International Law in Hamburg. Professor Garro has been a visiting professor at various universities in Europe and Latin America.

During the 1980s Professor Garro consulted for the USAID and the UNDP on the improvement of the administration of justice in El Salvador, Costa Rica, and Guatemala; for the Institute of Liberty and Democracy in Lima (Peru) on land registration; and for the World Bank on secured transactions in personal property and international commercial arbitration. He contributed to the drafting of bills on commercial arbitration laws for Bolivia and Peru and to the preparation of a law on secured transactions for Puerto Rico. During the 1990s Garro was a member of the working group preparing the UNIDROIT Principles on International Commercial Contracts. Currently he represents Argentina before Working Group VI of UNCITRAL in charge of preparing a Legislative Guide on Secured Transactions.

Garro was awarded the degree of Master of Laws (LL.M.) by Louisiana State University School of Law and the degree of Doctor of Laws (J.S.D.) by Columbia University and is admitted to practice before the bars of Buenos Aires, Madrid, and New York. Recent publications include studies on land registration, security interests in personal property, international sales and international commercial arbitration.

Conrad Johnson

Clinical 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 University of New York Law School in 1987; taught courses in lawyering, professional responsibility, and civil procedure, and supervised students in their simulation program. Joined the Columbia faculty in 1989, where he co-founded the School's Fair Housing Clinic. Director of clinical programs at Columbia, 1992-96. Member of the Mayor's Committee on the Judiciary, 1990-94; the Professional Education Project, by appointment of the Hon. Judith Kaye; and numerous boards of directors, including the Clinical Legal Education Association, the editorial board of the Center for Computer Assisted Legal Instruction, the National Black Law Journal, the Columbia Science and Technology Law Review, Symphony Space, and the City-Wide Task Force on the Housing Court. Has done extensive work on the impact of technology on the law and lawyering. Chairs committees on technology for Columbia Law School, the Clinical Section of the Association of American Law Schools, the Clinical Legal Education Association, and the Committee on Legal Education and Admission to the Bar of the Association of the Bar of the City of New York. Co-creator of the Law School's first distance-learning offering, Seminar in Race-Conscious Remedies (1999). Created The Impact of Technology on the Legal Profession (2001), one of five prototype e-courses commissioned by the University. Also, offered the Lawyering in the Digital Age Clinic, a first-of-its-kind clinic wherein students learn how to use technology in lawyering and study the impact of technology on the legal profession while working with public interest advocates to incorporate technology in their work.

Edward Lloyd

Evan M. Frankel Clinical Professor in Environmental Law

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

Director Columbia Law School Library

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,

Curtis Milhaupt

Fuyo Professor of Law; Director, Center for Japanese Legal Studies

B.A., Notre Dame, 1984; J.D., Columbia, 1989. Editor, Columbia Law Review. Mergers and acquisitions, corporate law, and banking law practice at Shearman & Sterling in New York and Tokyo, 1989-94. Japan Foundation fellow, University of Tokyo Faculty of Law, 1992-93. Associate professor of law, Washington University School of Law, 1994-98. Professor of law, Washington University School of Law, 1998-99. Visiting scholar, Bank of Japan Institute for Monetary and Economic Studies, 1998. Visiting fellow, Research Institute of Economy, Trade and Industry, 2002. Visiting professor of law, UCLA, 1997. Joined Columbia faculty in 1999. Member of international project on Korean unification, with responsibility for advising on privatization and corporate governance issues, 1997-2000. Project director, the Center for International Political Economy's "Global Markets, Domestic Institutions" project, 2001-02. Principal areas of research interest include comparative corporate governance, Japanese law, financial regulation, law and economics, and new institutional economics. Has written on a broad range of comparative law topics, including venture capital, deposit insurance, organized crime, and the market for legal talent. Editor of Global Markets, Domestic Institutions: Corporate Law and Governance in a New Era of Cross-Border Deals (Columbia University Press, forthcoming 2003) and co-author of Japanese Law in Context: Readings in Society, the Economy, and Politics (East Asian Legal Studies, Harvard University Press, 2001).

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 in 1987. Principal areas of interest are Anglo-American legal history, constitutional law, computers and free expression, and intellectual property. General Counsel, Free Software Foundation. 2003 Pioneer Award, Electronic Frontier Foundation. His publications are available online.

Edward Morrison

Associate Professor of Law

B.S. (honors), University of Utah, 1994; M.A., economics, University of Chicago, 1997; J.D., 2000; Ph.D., economics, expected 2003. Articles editor, University of Chicago Law Review. Clerked for Justice Antonin Scalia, U.S. Supreme Court (2001-02), and Judge Richard A. Posner, U.S. Court of Appeals for the Seventh Circuit (2000-01). Joined the Columbia faculty in 2003. His research and teaching interests center on bankruptcy, especially corporate reorganization. His scholarly work includes "Bankruptcy Decision-Making," Journal of Law, Economics and Organization (with Douglas G. Baird; 2001); "Bankruptcy Decision-Making: An Empirical Study of Small-Business Bankruptcies" (working paper); and "Bankruptcy and Stability in Over-the-Counter Derivatives Markets" (working paper, with Franklin R. Edwards).

Peter Strauss

Betts Professor of Law

A.B., mcl, Harvard, 1961; LL.B., mcl, Yale, 1964. Editor-in-chief, Yale Law Journal. Was law clerk to Chief Judge 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. Has visited at Harvard and NYU Law Schools; faculty exchanges at the European University Institute, Ludwig Maximilians University (Munich), Tokyo University, and the University of Buenos Aires. Twice Columbia's Vice Dean.

General Information

Admission Requirements

Eligible to the Summer Program are law graduates, who are professionally active in the practice of law, industry, commerce, government, international organizations or related activities. Advanced law students may be admitted in exceptional cases.

Applications for admission and scholarships are invited before May 1, 2004:

Leiden University, Faculty of Law

Columbia Summer Program
Attn: Mrs. B. Zaaijer
P.O.Box 9500
2300 RA Leiden, The Netherlands
fax: +31.71.527.72.98
e-mail: columbiasc@law.leidenuniv.nl

The application form can be downloaded from our webpage columbiasummerprogram.org.

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 they have studied.

In describing in your application your scholing 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 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

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 Litigation and Statutes & Regulations, and at least four elective courses. 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.

Attendance

Study materials

Preliminary reading

Reading room and libraries

Expenses

A fee of (Euro) E 1750 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 1000. Meals and lodgings will be charged separately.

Within one week after receipt of a formal notice of admission, the applicant must remit the fee of (Euro) E 1750 (or E 1000) to the account number: 56 61 83 528 ABN-AMRO Bank, Stationsweg, P.O.Box 66, 2300 AB Leiden. The banks's swift code is ABNANL2A. The remittance should state: "fee Columbia Summer Program 2004" and the name of the participant. Payment for tuition fee and/or lodging can on no account be refunded.