Courses - The Hague, Netherlands
Week 1: July 1-4, 2024
INSTRUCTOR: Sarah Gerwig, Professor of Law and Director of Experiential Education, Mercer University School of Law, Macon, Georgia
BOOKS AND FLICKS: TRIAL ADVOCACY AND TRIBUNALS THROUGH THE LENSES OF LITERATURE AND FILM (1 credit)
Depictions of the legal advocates and legal advocacy in film and literature allow expert and lay audiences the opportunity to engage with trials and tribunals as entertainment, as drama, as fantasy, as education—or some combination of all of these. In this course, we will examine legal processes (both fictional and factual) to probe the relation between justice and ethics along with the various questions pertaining to law, guilt, responsibility, violence and punishment. How do literature and film critique the institutions of law and justice through works of literature and art? And how can we use media to better understand tribunals and the rule of law?
This seminar will examine depictions of litigation and legal themes in a variety of literary texts and films. Reading and discussing together, we will explore archetypes and stereotypes of lawyers and clients; themes of mercy, justice, rules, order, process; consider points of comparison between legal systems; and consider our place in all of this as servants (or subversives) of the law. Students’ performance will be evaluated in a take-home, short-answer exam administered at the close of the course.
Week 2: July 8-11, 2024
INSTRUCTOR: Andrew Appleby, Associate Professor of Law, Stetson University College of Law, Gulfport, Florida
COMPARATIVE CORPORATE GOVERNANCE (1 credit)
In a globalized world, it becomes increasingly important to be familiar with more than one system of corporate governance. This course will provide students a comparative and functional perspective of major corporate law topics.
There are considerable differences in the ways corporations are owned, controlled, and governed around the world. This course compares the corporate laws and governance arrangements of key jurisdictions. We will explore the root causes of the observed divergences in corporate governance, as well as their implications for the organization of the economy and society. The themes covered include the distribution of power among shareholders, boards of directors, and management; the protection afforded to minority shareholders, employees, and external constituencies; the growing ESG and climate risk agenda; the complementarities between corporate governance systems and the prevailing economic and social structure; the challenges facing firms in emerging markets; the distinctive features of state-owned enterprises; the influence of globalization and nationalism on corporate governance practices; and new issues relating to the rise of artificial intelligence.
This course will enable students to engage critically in key debates in contemporary corporate governance and provide relevant background for those interested in cross-border legal work. The course will be comparative, providing students with knowledge about corporate governance and corporate law core features in major jurisdictions and asking why governance regimes in most countries display some common features and why they diverge in other respects. Closer attention will be given to the U.S., continental European jurisdictions (including Spain), and the UK, but will also include emerging countries such as India, Brazil, and others.
Week 3: July 15-18, 2024
INSTRUCTOR: Patricia Perkins, Associate Professor of Law, Elon University School of Law, Greensboro, North Carolina
RESOLVING PROCEDURAL CONFLICTS IN TRANSACTIONAL LITIGATION (1 credit)
This course will explore the procedural conflicts that arise in private litigation between citizens of different countries. Topics will include judicial jurisdiction; enforcement and recognition of foreign judgments; the role of international arbitration; and the role of treaties, judicial decisions, rules and legislation in the United States and other countries in conflict resolution. Students will explore policy considerations such as the role of comity, sovereignty, the efficiency of domestic legal systems in dealing with foreign parties and the burden on private parties facing conflicting national and adjudicative norms.
Students who take this course will reinforce their understanding of American civil procedure; study the rules of procedure from a comparative perspective; learn the interconnection between domestic and international law; develop an appreciation for the complexities of transnational litigation; and design alternative solutions that produce favorable outcomes for the parties and the countries involved.
Week 4: July 22-25, 2024
INSTRUCTOR: Joseph Morrissey, Professor of Law and Leroy Highbaugh Sr. Research Chair, Stetson University College of Law, Gulfport, Florida
INTERNATIONAL COMMERCIAL LAW (1 credit)
This class provides intensive exposure to the law governing international sales transactions, the CISG, as well as an introduction to international commercial arbitration. The CISG governs the substantive law that applies by default to transnational sales of goods when the parties involved are from any of the 97 signatory nations, including the Netherlands and most other Western European nations (but, interestingly, excluding the UK). This class is essential for anyone hoping to become involved with international trade or dispute resolution. [The Hague is also famous as the home of the Permanent Court of Arbitration, an intergovernmental organization over 100 years old that facilitates international dispute resolution through arbitration.]