PRIVATE INTERNATIONAL LAW





Summer Abroad 2010

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 (13th ed. 2009), 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 21 June Orientation to Summer Abroad program and academic considerations.  Overview of course.
Tuesday 22 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 23 June Casebook pp. 7-87.  Contrast British and American approaches to domicile.  Discussion of Lord Ellenbrough's opinion in Buchanan v. Rucker, 9 East 192 (King's Bench 1808).
Thursday 24 June Casebook pp. 88-152.
Monday 28 June Casebook pp. 152-212. 
Tuesday 29 June Casebook pp. 212-275. 
Wednesday 30 June Casebook pp. 275-332.
Thursday 1 July 8:30 am meet outside Ifor Evans Place for trip to Parliament and Lloyd's of London.  Attendance will be taken.
Monday 5 July Casebook pp. 332-404, including foreign country judgments.  Comity distinguished from Full Faith and Credit.  See Conflict of Laws Final Examination, Summer 2004.
Tuesday 6 July Casebook pp. 405-477.  Discussion of Edwards v. Dominick, 815 So.2d 236 (La. App. 5th Cir. 2002).
Wednesday 7 July Casebook pp. 478-522 and Book IV of the Louisiana Civil Code, articles 3515-3549.  After class, depart for optional trip to The Hague.
Thursday 8 July Optional visit today and Friday to International Court of Justice and International Criminal Court at The Hague.
Monday 12 July Casebook pp. 522-610.
Tuesday 13 July Casebook pp. 610-670.  After class, begin 4½-day weekend.
Wednesday 14 July Casebook pp. 671-759.  Discussion of Kuwait Airways Corp. v. Iraqi Airways Company, [2002] UKHL 19 (House of Lords, 16 May 2002).
Monday 19 July Casebook pp. 760-848, 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. 
Tuesday 20 July 8:30 am meet outside Ifor Evans Place to visit Royal Courts of Justice, Law Society, walk through Gray's Inn, ending day at Cittie of Yorke.  Attendance will be taken.
Wednesday 21 July Casebook pp. 849-918.
Thursday 22 July Casebook pp. 918-978.  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 26 July Casebook pp. 979-1060.  Discussion of an unreported Sabine Parish case.  Overview of casebook Appendix pp. 1061-1223.  European Union conflict of laws rules.
Tuesday 27 July Review.
Wednesday 28 July Review.
Thursday 29 July Final Examination beginning at 8:30 a.m. and ending at 12:30 p.m.
Friday 30 July Final Examination in your other course.
                                                                                  


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