PRIVATE INTERNATIONAL LAW





Summer Abroad 2008

Professor M. R. Franks


This syllabus lists the material to be read and briefed in advance of each class.  The required casebook is P. Hay, R. Weintraub and P. Borchers, Conflict of Laws:  Cases and Materials (12th ed. 2004), Foundation Press.  The casebook should be acquired prior to departure.

Students are responsible for 28 U.S. Code §§ 1738, 1738A, 1739, 1782, 1783, and for Louisiana Revised Statutes 13:1700 et seq.  Students are also responsible for Book IV of the Louisiana Civil Code, articles 3515-3549 (Act 923 of 1991 regular session).  To conserve luggage space, the latter may be photocopied from the Civil Code rather than carrying the whole book.

Students are required to read Professor Franks's article, Airline Liability for Loss, Damage, or Delay of Passenger Baggage, 12 Fordham Journal of Corporate and Financial Law 735 (2007).  The article may be found at http://www.franks.org/AirlineLiability.htm.

Also recommended are:  Restatement, Second, Conflict of Laws (student edition), and West's Conflicts in a Nutshell.

Your attention is called to the express attendance requirements for the Summer Abroad program:  more than one absence will be disqualifying.  Roll will be taken.  This policy will be enforced.  There are 21 scheduled classes this semester.  Students are expected to prepare their assignments.  Students are expected to attend class whether prepared or not.  Attendance is a factor in your academic success. 

Your professor's British cellphone number is available from your professor.  Your professor's "office hours" this semester are available from the Castle Classroom on the Ex Stellis web site.  It is suggested you download this information now so it will be available to you in time of need.


Day Date Be prepared to discuss
Monday 16 June Orientation to Summer Abroad program and academic considerations.  Overview of course.
Tuesday 17 June Casebook Preface, Table of Contents, Introduction.  Lecture material on rights of those arrested in England--a comparative overview of English and Welsh criminal procedure.
Wednesday 18 June First trip to Legal London tour of Royal Courts of Justice, Law Society, Cittie of Yorke.
Thursday 19 June Casebook pp. 7-86.  Contrast British and American approaches to domicile.  Discussion of Lord Ellenbrough's opinion in Buchanan v. Rucker, 9 East 192 (King's Bench 1808).
Monday 23 June Casebook pp. 86-144.
Tuesday 24 June Casebook pp. 144-198. 
Wednesday 25 June Casebook pp. 198-252.  After class, depart for optional trip to The Hague.
Thursday 26 June Optional visit to international courts at The Hague.
Monday 30 June Casebook pp. 252-310.
Tuesday 1 July Casebook pp. 310-378, including foreign country judgments.  Comity distinguished from Full Faith and Credit.  See Conflict of Laws Final Examination, Summer 2004.
Wednesday 2 July Casebook pp. 379-450.  Discussion of Edwards v. Dominick, 815 So.2d 236 (La. App. 5th Cir. 2002).
Thursday 3 July Casebook pp. 451-508.
Monday 7 July Casebook pp. 508-572 and Book IV of the Louisiana Civil Code, articles 3515-3549.
Tuesday 8 July Casebook pp. 572-642. 
Wednesday 9 July Casebook pp. 643-719.  Begin 4½-day weekend.
Monday 14 July Casebook pp. 719-737.  Discussion of Kuwait Airways Corp. v. Iraqi Airways Company, [2002] UKHL 19 (House of Lords, 16 May 2002).
Tuesday 15 July Casebook pp. 737-799, including Cammell v. Sewell, 5 Hurl. & N. 728 (Ct. of Exchequer Chamber, 1860).  Discussion of Rule Against Perpetuities as originated and as presently applied in England and Wales. 
Wednesday 16 July Casebook pp. 800-861.
Thursday 17 July Casebook pp. 861-918.  28 U.S. Code § 1738A and L.R.S. 13:1700 et seq.; Atkins v. Atkins, 623 So.2d 239 (La. App. 2d Cir. 1993).
Monday 21 July Casebook pp. 919-967.  Discussion of an unreported Sabine Parish case.  Casebook Appendix pp. 1001-1102.  European Union conflict of laws rules.
Tuesday 22 July Visit Parliament, then visit Lloyds of London.  Assemble outside Finsbury Hall at 8:30 a.m.
Wednesday 23 July Review.
Thursday 24 July Final Examination beginning at 8:30 a.m. and ending at 12:30 p.m.
Friday 25 July Final Examination in your other course.
                                                                                  


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