LEYDEN - AMSTERDAM - COLUMBIA

SUMMER PROGRAM IN AMERICAN LAW

July 3 - July 28 2000

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The Law Faculties of Columbia University in the City of New York, the University of Amsterdam and Leiden University announce that the thirty-seventh Summer Program in American Law will be offered at the University of Amsterdam from July 3 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


Preface

For a foreign lawyer, not trained in the common law, studying law in an American law school is a most rewarding experience. As I was fortunate enough to discover many years ago, it is a tremendous opportunity to get acquainted with a totally different approach to both legal education and legal thinking, and to arrive, by an almost subliminal process of comparison, at a more profound understanding of one's own law. The next best thing to those interested in American law, but unable to study in the United States, is participation in the Leiden-Amsterdam-Columbia Summer Program in American Law.

Now in its 37th year, the Program is a joint project of the law schools of Columbia University, based in New York City, the University of Amsterdam and the University of Leiden. It is sponsored by a number of American and Dutch law firms, foundations and corporations; additional funding comes from the participants' tuition fees. The Program is designed to introduce non-American law graduates to the methodology and contents of American law. Its courses are taught by members of the Columbia faculty and cover a broad range of legal topics. Instruction is based on the American case method, an interactive process between teacher and student, which can only be fruitful if the assigned cases and materials have been thoroughly studied in preparation of classroom discussion. Extensive reading is therefore required and a readiness to engage in legal debate is expected. The success of the Program is predicated on the participants' total immersion in the American approach to law and legal thinking. A basic knowledge and a true understanding of the principles of American law will be the reward for four demanding weeks of condensed legal education.

To balance the seriousness of the working sessions, the Program also features a number of (mandatory) extracurricular activities. Several excursions will give the participants an impression of the city and country hosting the Program. There will be many opportunities for friendly association with co-students, faculty, and other members of the legal profession. Living and learning amidst some sixty lawyers from many different countries is a unique way to get acquainted with new ideas and different opinions. Getting in touch with people from various cultures, both in the classroom and outside, will contribute to a better understanding of the views held in other parts of the world and to a new appreciation of contrasting cultural values. In this respect, the Program has much more to offer than a crash course in American law. Not only does it provide lawyers with an opportunity to learn more about a foreign legal system and to broaden their professional horizon, but also, by offering a setting for a multinational exchange of thoughts, ideas and friendship, it purports to foster harmony, goodwill and a spirit of international co-operation among the participants and the nations they represent.

Arie Landsmeer
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 thirty-six 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 Amsterdam 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 Amsterdam 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


Sponsors

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 Neree
Derks Star Busman Hanotiau
Loeff Claeys Verbeke
Pels Rijcken Droogleever Fortuijn
Stibbe Simont Monahan Duhot

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 1998:

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.


Program of Instruction

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.


Compulsory Courses


Civil Procedure

Professor Phil 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

Staff

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
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.

Elective Courses

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

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 decisionmaking. 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

Prof. Alejandro Miguel Garro


Schedule of Classes

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 an inaugural session followed by a reception, starting at 4:30 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.


Faculty

Philip Genty
Clinical Professor of Law

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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

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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).

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Alejandro Miguel Garro

Professor of Law

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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.

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Eben Moglen

Professor of Law

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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.

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.

Applications for admission and scholarships are invited before April 15th, 2000:
Columbia Summer Program, attn. Mrs. M. Oosterom
University of Amsterdam, Faculty of Law
P.O. Box 1030
1000 BA Amsterdam
The Netherlands

e-mail: oosterom@jur.uva.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 Introduction to US Litigation, Statutes & Regulations and US Legal Research, 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
If available, a copy of A. Farnsworth, An Introduction to the legal System of the United States (Oceana Publications, New York, will be provided free of charge to each participant.

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 (Fl. 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
Accommodation is available at a students' residence hall within the vicinity of the faculty of law. Upon acceptance students will be informed about their location in Amsterdam during the course. They are offered at the rate of approx. Fl. 600 for the duration of the course. Under no circumstances will payment for lodging be refunded. On special request, hotel accommodation (at a rate of approximately Fl. 250 per day) may be booked through 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 Amsterdam.

The total amount charged for tuition, lunches and lodging will be approximately 3825 Dutch guilders (students Fl. 2325).

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 Leiden-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 4, 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 10.00 - 11.00 a.m. The inaugural session will be followed by a reception for participants, faculty members, and invited guests.

Extra Curricular activities
(Subject to change)

Saturday, July 10        Excursion
Friday, July 16        Excursion
Wednesday, July 21    Moot Court
Saturday, July 24        Excursion
Friday, July 30        Farewell

Directors of the Amsterdam Session
During the Program Professor Arie Landsmeer is in charge of all administrative matters. He may be consulted by special appointment to be made through his secretary, tel. 020-525 3421 or 525 3359.


Leiden session 2000


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


Columbia Summer Program Amsterdam 2000
All correspondence regarding the 2001 Course should be addressed to:

Amsterdam Law School
Mrs. Martha Oosterom
University of Amsterdam
Faculty of Law
P.O. Box 1030
1000 BA Amsterdam
The Netherlands
tel. +31.20.5253421
fax: +31.71.5277600
email: oosterom@jur.uva.nl


Executive Directors
Arie Landsmeer, Professor of Law
University of Amsterdam
Eben Moglen, Professor of Law
Columbia University

Coordinator
Mrs. Martha Oosterom

Board of Directors
E.A. Alkema (Leiden)
G.A. Bermann (Columbia)
L.H.A.J.M. Quant (Amsterdam)
Th.M. de Boer (Amsterdam)
M.V. Polak (Leiden)
C. van Raad (Leiden)
J.W. Zwemmer (Amsterdam)
E. Moglen (Columbia)