Rome Program: 2009 Curriculums and Class Schedules
Rome Schedule
Classes are tentatively scheduled Monday through Thursday as follows:
Period 1: 8:45 - 10:15
First 2 Weeks:
- Comparative Business Organizations
- Comparative Elder Law
Second 2 Weeks:
- Comparative Criminal Law
- International Arbitration
Period 2: 10:30 - 12:00 noon
- Comparative Constitutional Law
- Comparative Products Liability
Curriculum
International Arbitration (Moses)
International arbitration is the dispute mechanism of choice in international business transactions. Parties to international transactions tend to resolve disputes by arbitration because they do not want to end up litigating in the court of the other party's country. They also prefer arbitration because arbitration awards are more easily enforceable internationally than court judgments, and the awards are confidential. This course will deal with the parameters of international commercial arbitration, its laws and rules, and how it actually works in practice. The importance of the arbitration clause will be discussed, and students will learn how to draft an arbitration clause. The course will also focus on the interaction of courts and arbitral tribunals, the selection of arbitrators, procedures at the arbitral hearing, the award, and enforcement of the award.
Comparative Business Organizations (Murdock)
Comparative Business Organizations will focus on some of the differences between corporate and limited liability company law in common law jurisdictions as compared to Napoleonic code countries, such as Germany, Italy or Mexico. The focus will be on how to organize an entity in the differing jurisdictions and upon the differing approaches to relations among members which we refer to as fiduciary duties. We will also take a look at some examples as to how legal developments in one country become incorporated in law of another country.
Comparative Criminal Law and Procedure (MacArthur)
The criminal justice process in the United States is shaped by the Constitution and Bill of Rights, statutes, rules and case law. This course will examine the role of these guiding principles in the various stages of the criminal justice process, such as the means by which information is gathered during an investigation, the circumstances under which an individual can be detained, and the type of evidence that can be used at trial. We will discuss how wartime conditions may effect the process and how the process responds to events that extend beyond our borders. During the course, we will compare our criminal justice process to that of Italy and other countries, and Italian officials will participate as guest lecturers to talk about their own experiences with the Italian system.
Comparative International Elder Law (Angelari)
This course explores elder law from an international and comparative perspective. The course compares American laws governing guardianship, advance directives, long-term care, elder abuse and neglect, income maintenance, and property management with the laws of other countries. The course will also examine relevant international treaties such as the Hague Convention on the International Protection of Adults.
Comparative Constitutional Law (Zimmer; Nowak)
Comparative Constitutional Law, in part, deals with borrowing from other constitutions, and structuring a new constitution (including positive v. negative rights, and power sharing). This course, in part, will compare how the United States Constitution, as interpreted by the U.S. Supreme Court, and other nation's constitutions deal with selected civil liberties topics.
Comparative Products Liability (Lasso)
Comparative Products Liability, taught by Rogelio Lasso, will use products liability as the vehicle to learn comparative law in general, and, in particular, to learn about how product-related harms are dealt with in the U.S., EU, the UK, and Italy. The course will include an Introduction to Products Liability & Safety Law but will also analyze Products Liability Law in the U.S. prior to section 402A of the Restatement and in the EU, UK, and Italy prior to the EU Products Liability Directive; the Adoption of Strict Liability in the U.S. and Europe; Strict Liability in Europe after the Directive; some Basic Rules under the 402a, the EU Directive, the CPA & Italian Law; and finally, a discussion of The Future of Products Liability and Safety.
Optional Field Study - Strasbourg, France
Students who take Comparative Constitutional or Elder Law in Rome are eligible to continue with a one-week field-study program in Strasbourg, France, focusing on Gender & the Law. Students who take this field study component will receive one additional credit for the course. The field study runs from July 21 to July 30, 2009.
The field study in Strasbourg will include tours of several legal institutions and some academic lectures. The legal institutions for this field study will include: The Council of Europe; The European Court of Human Rights; The European Parliament of the European Union; and additionally, a field trip to Luxembourg to visit The Court of Justice of the European Union.
Lecture Component: Gender and the Law (Geraghty) - 1 credit
This course serves as an introduction to international and comparative approaches to issues of gender and the law, including an examination of international instruments such as the UN Convention on the Elimination of All Forms of Discrimination Against Women, and an exploration of topics such as trafficking and sexual exploitation, women in armed conflicts, child marriage and other health, cultural, domestic and religious practices affecting women.

