Private International Law

PRIVATE INTERNATIONAL LAW

Summer Abroad 2009

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	22	June	Orientation to Summer Abroad program and academic considerations. Overview of course.
Tuesday	23	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	24	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). After class, first trip to Legal London – Law Society, Cittie of Yorke.
Thursday	25	June	Casebook pp. 86-144.
Monday	29	June	Casebook pp. 144-198.
Tuesday	30	June	Casebook pp. 198-252.
Wednesday	1	July	Casebook pp. 252-310.
Thursday	2	July	Casebook pp. 310-378, including foreign country judgments. Comity distinguished from Full Faith and Credit. See Conflict of Laws Final Examination, Summer 2004.
Monday	6	July	Casebook pp. 379-450. Discussion of Edwards v. Dominick, 815 So.2d 236 (La. App. 5th Cir. 2002).
Tuesday	7	July	Casebook pp. 451-508.
Wednesday	8	July	Casebook pp. 508-572 and Book IV of the Louisiana Civil Code, articles 3515-3549. After class, depart for optional trip to The Hague.
Thursday	9	July	Those opting for The Hague will visit various international courts. Others, study.
Friday	10	July	Those opting for The Hague will visit various more international courts. They will then proceed to Amsterdam. (Look, but don't touch. Bloodhounds await your luggage at U.S. Customs.)
Monday	13	July	Casebook pp. 572-642.
Tuesday	14	July	Casebook pp. 643-719.
Wednesday	15	July	8:00 a.m. Assemble outside Finsbury Hall for trip to Royal Courts of Justice.
Thursday	16	July	Casebook pp. 719-737. Discussion of Kuwait Airways Corp. v. Iraqi Airways Company, [2002] UKHL 19 (House of Lords, 16 May 2002).
Monday	20	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.
Tuesday	21	July	Casebook pp. 800-861.
Wednesday	22	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). After class, begin 4½-day weekend.
Monday	27	July	Casebook pp. 919-967. Discussion of an unreported Sabine Parish case. Casebook Appendix pp. 1001-1102. European Union conflict of laws rules.
Tuesday	28	July	Visit Parliament, then visit Lloyds of London. Assemble outside Finsbury Hall at 8:30 a.m.
Wednesday	29	July	Review.
Thursday	30	July	Final Examination beginning at 8:30 a.m. and ending at 12:30 p.m.
Friday	31	July	Final Examination in your other course.
Saturday	1	August	Room checkout. Be sure to surrender your room key.

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