Globalizing the Law School Curriculum. Maureen Watkins Assistant Professor Pacific McGeorge School of Law

Similar documents
2017 National Clean Water Law Seminar and Water Enforcement Workshop Continuing Legal Education (CLE) Credits. States

medicaid and the How will the Medicaid Expansion for Adults Impact Eligibility and Coverage? Key Findings in Brief

A Comparison of the ERP Offerings of AACSB Accredited Universities Belonging to SAPUA

cover Private Public Schools America s Michael J. Petrilli and Janie Scull

BUILDING CAPACITY FOR COLLEGE AND CAREER READINESS: LESSONS LEARNED FROM NAEP ITEM ANALYSES. Council of the Great City Schools

Wilma Rudolph Student Athlete Achievement Award

STATE CAPITAL SPENDING ON PK 12 SCHOOL FACILITIES NORTH CAROLINA

46 Children s Defense Fund

2016 Match List. Residency Program Distribution by Specialty. Anesthesiology. Barnes-Jewish Hospital, St. Louis MO

Housekeeping. Questions

The following tables contain data that are derived mainly

Two Million K-12 Teachers Are Now Corralled Into Unions. And 1.3 Million Are Forced to Pay Union Dues, as Well as Accept Union Monopoly Bargaining

Daniel B. Boatright. Focus Areas. Overview

Average Loan or Lease Term. Average

2007 NIRSA Salary Census Compiled by the National Intramural-Recreational Sports Association NIRSA National Center, Corvallis, Oregon

EDUCATION TEACHING EXPERIENCE

FY year and 3-year Cohort Default Rates by State and Level and Control of Institution

The College of New Jersey Department of Chemistry. Overview- 2009

2009 National Survey of Student Engagement. Oklahoma State University

Margaret Parnell Hogan. Focus Areas. Overview

Disciplinary action: special education and autism IDEA laws, zero tolerance in schools, and disciplinary action

Erin M. Evans PhD Candidate Department of Sociology University of California, Irvine

Peer Comparison of Graduate Data

Susanna M Donaldson Curriculum Vitae

2013 donorcentrics Annual Report on Higher Education Alumni Giving

Albert (Yan) Wang. Flow-induced Trading Pressure and Corporate Investment (with Xiaoxia Lou), Forthcoming at

Jon N. Kerr, PhD, CPA August 2017

As program director for the Multistate

A Profile of Top Performers on the Uniform CPA Exam

ELLEN E. ENGEL. Stanford University, Graduate School of Business, Ph.D. - Accounting, 1997.

Stetson University College of Law Class of 2012 Summary Report

CLE/MCLE Information by State

GRADUATE CURRICULUM REVIEW REPORT

VOL VISION 2020 STRATEGIC PLAN IMPLEMENTATION

Understanding University Funding

Judith Fox Notre Dame Law School 725 Howard Street South Bend, IN (574)

Carolyn L. Dessin CURRICULUM VITAE

2014 Comprehensive Survey of Lawyer Assistance Programs

Sociology. Faculty. Emeriti. The University of Oregon 1

Russell M. Rhine. Education

Student Admissions, Outcomes, and Other Data

Instrumentation, Control & Automation Staffing. Maintenance Benchmarking Study

NASWA SURVEY ON PELL GRANTS AND APPROVED TRAINING FOR UI SUMMARY AND STATE-BY-STATE RESULTS

MMOG Subscription Business Models: Table of Contents

THE BROOKDALE HOSPITAL MEDICAL CENTER ONE BROOKDALE PLAZA BROOKLYN, NEW YORK 11212

Nichole Davis Mentoring Program Administrator Risk Management Counsel South Carolina Bar

The Louis Stokes Scholar Internship A Paid Summer Legal Experience

EDUCATION Ph.D. Labor and Industrial Relations - University of Illinois, Champaign-Urbana

LEN HIGHTOWER, Ph.D.

Centers for Disease Control and Prevention, Office for State, Tribal, Local and Territorial Support, Public Health Law Program

John Giffen Weinmann Hall New Orleans, Louisiana Freret Street (504) (cell)

The College of Law Mission Statement

top of report Note: Survey result percentages are always out of the total number of people who participated in the survey.

Legal Technicians: A Limited License to Practice Law Ellen Reed, King County Bar Association, Seattle, WA

THE FIELD LEARNING PLAN

LEWIS M. SIMES AS TEACHER Bertel M. Sparks*

Pro Bono Practices and Opportunities in Mexico

English (native), German (fair/good, I am one year away from speaking at the classroom level), French (written).

CURRICULUM VITAE LAWRENCE A. DUBIN

Carol A. Sommer. Western Kentucky University 24 post-graduate credit hours in counseling

The Social Network of US Academic Anthropology Nicholas C. Kawa (co-authors: Chris McCarty, José A. Clavijo Michelangeli, and Jessica Clark)

ATHLETIC TRAINING SERVICES AGREEMENT

Proposed Amendment to Rules 17 and 22 of the Rules of the Supreme Court of the State of Hawai i MANDATORY CONTINUING LEGAL EDUCATION

Roadmap to College: Highly Selective Schools

All Hands on Deck! Engaging Faculty Voices to Rise Above the Storm!

VITAE G. TERRENCE CORIDEN WORKER S COMPENSATION

Curriculum Vitae Sheila Gillespie Roth Address: 224 South Homewood Avenue Pittsburgh, Pennsylvania Telephone: (412)

GRIT. The Secret to Advancement STORIES OF SUCCESSFUL WOMEN LAWYERS

CHRISTIAN LEGAL SOCIETY

The Juris Doctor (JD) degree is conferred upon candidates who have successfully fulfilled the following requirements:

Suggested Talking Points Graying of Bar for Draft

NCSC Alternate Assessments and Instructional Materials Based on Common Core State Standards

STATE-BY-STATE ANALYSIS OF CONTINUING EDUCATION REQUIREMENTS FOR LANDSCAPE ARCHITECTS

HEATHER EDL ORMISTON, PH.D., NCSP

JANIE HODGE, Ph.D. Associate Professor of Special Education 225 Holtzendorff Clemson University

Alyson D. Stover, MOT, JD, OTR/L, BCP

Reaching the Hispanic Market The Arbonne Hispanic Initiative

International Seminar: Dates, Locations, and Course Descriptions

Guide to the University of Chicago Department of Sociology Interviews 1972

Introduction to Information System

Teach For America alumni 37,000+ Alumni working full-time in education or with low-income communities 86%

Developing a Comprehensive Assessment Plan: Lessons Learned

Schenectady County Is An Equal Opportunity Employer. Open Competitive Examination

Juris Doctor (J.D.) Program

Emmanuel Opara, D.B.A. Associate Professor Accounting & Finance & MIS College of Business

National Survey of Student Engagement Spring University of Kansas. Executive Summary

MANDATORY CONTINUING LEGAL EDUCATION REGULATIONS PURPOSE

University of Southern California Hayward R. Alker Postdoctoral Fellow, Center for International Studies,

Discussion Papers. Assessing the New Federalism. State General Assistance Programs An Urban Institute Program to Assess Changing Social Policies

Forum Juridicum: The Law School in a Changing Society

NET LEASE INVESTMENT OFFERING. ATI Physical Therapy 4765 Jackson Road Ann Arbor, MI 48103

EDELINA M. BURCIAGA 3151 Social Science Plaza Irvine, CA

State Limits on Contributions to Candidates Election Cycle Updated June 27, PAC Candidate Contributions

NATIONAL SURVEY OF STUDENT ENGAGEMENT

EITAN GOLDMAN Associate Professor of Finance FedEx Faculty Fellow Indiana University

ARSENAL OF DEMOCRACY

A Manual for Law Schools on Adjunct Faculty

To link to this article: PLEASE SCROLL DOWN FOR ARTICLE

Digital Fabrication and Aunt Sarah: Enabling Quadratic Explorations via Technology. Michael L. Connell University of Houston - Downtown

Nicole M. Rosa, PhD. Department of Psychology Worcester State University 486 Chandler Street Worcester, MA

Transcription:

Globalizing the Law School Curriculum Maureen Watkins Assistant Professor Pacific McGeorge School of Law

A Case Study - 2005 Tahoe I Conference hosted by Pacific McGeorge School of Law 31 law schools from across country Participant experts by subject area Preliminary Discussion: Goals sought by globalizing curriculum How to globalize the curriculum 2011 Tahoe II Conference Intercultural legal competence education in law schools

Purposes of Globalizing the Curriculum To improve students understanding and application of domestic law To prepare students for practice of law in era of increasing globalization What should a well-educated law school graduate know about global issues?

Implementation Required class in transnational law. Mini-courses in international, transnational, and comparative law topics. International, transnational, and comparative law issues integrated into curriculum.

The McGeorge Model Pervasive approach to integrating international, transnational, and comparative law issues into traditionally domestically oriented courses First and Second Year LR&W - Global Lawyering Skills I and II. Upper Division Classes Global Issues Series

Global Lawyering Skills I & II Pacific McGeorge revised its legal research and writing program to incorporate global issues into the curriculum. This approach ensures that all first and second year law students are exposed to substantive issues involving transnational, comparative or public international law.

Global Lawyering Skills I Sensitizing students to cross-cultural lawyering: Like other human interaction, lawyering is cross-cultural Be aware of and open to differences Avoid stereotyping and generalizing Learn to recognize own values, judgments, interpretations and potential biases Know self as cultural being, interacting through own cultural prism Deal with client as another, unique refractor of his/her own culture

Global Lawyering Skills I International law research concepts introduced after students have spent a semester researching and writing domestic law issues: Collaborate with law librarians in planning lecture Lecture provides overview of sources of international law Defines and explains commonly used terms in international practice In-class international research exercise Culminating in open research problem involving transnational or international issue.

Global Lawyering Skills II Cultural Barriers to Effective Advocacy

Global Lawyering Skills II Second year students work through year-long case file involving a comparative or transnational issue. Examples: Whether U.S. or Austrian law should govern doctor-patient confidential information exchanged between a CA resident and a NY certified therapist residing and practicing in Austria; Japanese corporation s U.S. subsidiary sued in CO. Whether attorney-client privilege applied to communications between Japanese in-house counsel and director in CO. Lesbian couple adopted each others children in NL, moved to Mississippi then sought to have adoption recognized there. Whether adoption recognized under comity or Hague Convention on International Adoption.

Global Issues Series Casebook supplements by subject. Currently 23 volumes. Authors from Pacific McGeorge and across the country. Published by West.

Global Issues Series Columbia University University of California, Berkeley University of Southern California New York University Georgetown University Northwestern University Vanderbilt University University of North Carolina University of Iowa University of Washington University of Alabama Fordham University University of Pittsburgh University of Georgia University of California, Hastings University of California, Davis University of Nevada, Las Vegas Penn State University University of San Diego Santa Clara University University of Miami University of Florida Florida State University University of Tennessee Indiana University, Indianapolis Lewis and Clark University Chicago-Kent (Illinois Technical Institute) University of Houston Central Missouri State Amherst College Drake University Georgia State University Ohio Northern University University of Baltimore Brooklyn Law School Loyola University, New Orleans Yeshiva University Rutgers University, Camden Widener University, Harrisburg Vermont Law School Dayton University Suffolk University North Dakota University Stetson University Saint Louis University Whittier Law School University of Laverne Seattle University Florida International University Syracuse University

Global Issues in Constitutional Law Almost all core curriculum case books have narrow domestic focus. Constitution lists treaties as part of supreme law of land, Constitutional Law casebooks include only minimal coverage of international and foreign law. This omission of global materials represents a step backwards from practices of sixty years ago.

Global Issues in Constitutional Law Example: Constitutional Review Comparison of German Basic Law to Article III Discussion of South African model of judicial review Discussion of constitutional review v. judicial review Example: Justiciability and stare decisis rules in other countries Example: Free Speech v. Dangerous Speech Comparison of U.S. precedent with ECHR and other cases Which is most protective of free speech? Of public order? Why? Societal motivations?

Global Issues in Environmental Law Topic very suitable to integrating global issues Very few environmental issues are exclusively domestic Example: No constitutional right to a healthy environment or clean water, so what other approaches are there to this issue? Comparison of U.S. and other constitutions and approaches Discussion of whether such rights would fit into U.S. Constitution today

Global Issues in Environmental Law Example: Toxics and Hazardous Substances Burden Shifting: Comparison of U.S. approach where EPA must demonstrate chemical presents unreasonable risk to EU approach imposing burden on chemical manufacturer prior to introducing chemical to market. Example: Transboundary Environmental Impact Assessment Comparison of NEPA and ESPOO convention to illustrate how NEPA idea successfully exported for broader application. Effective tool for teaching students to understand better how domestic law functions in a certain context.

Global Issues in Corporate Law Provide students with introduction to basic business forms commonly found in global economy société, sociedad, Gesellschaft, Vennootschap, kaisha Société en nom collectif, offene Handelsgesellschaft, etc. Familiarize students with choice of law issues that arise when corporation formed in one country does business and is sued in another country Review and comparison of U.S., ECJ, Japanese law and precedent Incorporation doctrine v. seat theory

Global Issues in Corporate Law Compare divergent approaches to limited liability and creditor protection among nations Example: MNE activities and insulation of affiliates from damages for injuries caused by subsidiaries through limited liability mechanism. Assess and compare standards of corporate responsibility Example: Stakeholder Model v. Shareholder Primacy Comparison of U.S. and NL or D law (workers council) Requirements for employee codetermination of supervisory board members.

Challenges Oversimplifies global issues Lacks necessary, full context for proper analysis Irrelevant to passing the bar (a luxury) Irrelevant to future law practice of many graduates Reticence of some faculty unfamiliar with international materials Additional cost to students

The Road Ahead The challenges to incorporating global issues into the curriculum need to be met head-on and can be overcome. The road to globalizing the law school curriculum is inevitable. It is no longer a question of whether to do it, but when.