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SUMMER LAW PROGRAM IN MADRID

W I T H O P TION A L ST U DY OPPORTUNIT Y IN THE HAGUE, NETHERLANDS

2013-14 1


SUMMER LAW PROGRAM IN MADRID SLU LAW offers a six-week, ABA-approved foreign summer program that allows students to take up to six credit hours in international and comparative law courses. Classes will meet Monday through Thursday, leaving the student to explore Spain and the rest of Europe on the three-day weekends. The program offers faculty-guided court visits and various other educational and social events. An optional Introduction to Spanish course is offered for interested students at no additional cost. After the program, we offer a faculty-guided travel opportunity to visit international courts and tribunals in The Hague, Netherlands, for those students enrolled in International Criminal Law. All of the classes are held at the Saint Louis University-Madrid campus, which now features new classrooms and a new, conveniently located cafeteria.

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MAY 18 - JUNE 28, 2014

TRIP TO THE HAGUE, NETHERLANDS

OPTIONAL STUDY OPPORTUNITY IN THE HAGUE, NETHERLANDS JUNE 30 - JULY 2 Students who take the International Criminal Law course will travel to The Hague from June 30 - July 2. During this visit, students will observe trials and other proceedings and attend talks by judges, prosecutors and other officials from the international courts. Students will visit courts, including the International Court of Justice, International Criminal Tribunal for the Former Yugoslavia and the International Criminal Court.


COURT VISITS PROFESSOR STEPHEN THAMAN WILL JOIN STUDENTS FOR THE FOLLOWING SITE VISITS AND TRANSLATE THE PROCEEDINGS INTO ENGLISH. ALL COURT VISITS WILL BE ON TUESDAYS. OPTIONAL

MANDATORY

GENDER VIOLENCE COURTS Students will observe proceedings at these courts involving the investigation and resolution of all criminal law, family law and civil law issues arising from male-on-female domestic violence.

THE SUPREME COURT OF SPAIN Students will tour the highest regular court in Spain. THE CONSTITUTIONAL COURT OF SPAIN Students will tour the court with Professor Ignacio Borrajo and learn about its history and proceedings.

MADRID PROVINCIAL AND FELONY TRIAL COURTS Students will observe either a jury trial or a trial presided over by three professional judges. THE NATIONAL COURT OF SPAIN Students will observe trial court cases involving organized crime or terrorism.

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COURSE DESCRIPTIONS COURSE TITLES AND DESCRIPTIONS ARE ACCURATE AS OF PUBLICATION TIME BUT ARE SUBJECT TO CHAN GE PENDING FULL FACULT Y APPROVAL. PLEASE NOTE: SLU LAW RESERVES THE RIGHT TO CANCEL THE “INTRODUCTION TO SPANISH” COURSE IN THE EVENT THAT THERE IS NOT SUFFICIENT STUDENT INTEREST. EUROPEAN HUMAN RIGHTS LAW Professor Ignacio Borrajo Iniesta (H) (2 Credits) This course provides an overview of the protection of civil and political rights in Europe, both those protected by the European Convention on Human Rights and European Union law. It will focus on recent developments, including the new Lisbon Treaty (effective December 2009) and the situation of new and old democracies since the fall of the Berlin Wall in 1989. It will also examine the case law of the European Court of Human Rights and the Court of Justice of the European Union. Some selected areas shall be emphasized, such as the right to life and physical integrity, international migrations, and linguistic, religious and cultural pluralism. INTERNATIONAL CRIMINAL LAW (WITH TRIP TO THE HAGUE, NETHERLANDS) Professor Stephen C. Thaman (H) (2 Credits) This course will focus on the substantive criminal law used in the prosecutions of crimes arising out 4

of mass atrocities in the permanent International Criminal Court (ICC), in the ad hoc International Criminal Tribunals for the Former Yugoslavia (ICTY), and for Rwanda (ICTR), as well as in various hybrid courts dealing with Sierra Leone, East Timor, Cambodia, etc. It will focus on the crimes of genocide, crimes against humanity and war crimes committed in violation of the Geneva Conventions. Students will also examine the general principles of criminal law such as: justifications, excuses, rules of complicity, command responsibility, etc. From June 30 - July 2 the class will visit the ICC and ICTY in The Hague, watch parts of trials and meet and speak with judges and other officials working in the international courts. INTERNATIONAL SALES LAW Associate Professor William P. Johnson (H) (2 Credits) 2.3 trillion dollars. That’s the total value of merchandise purchased by U.S. importers from sellers located outside the United States during 2012 alone. U.S. exporters sold more than $1.5 trillion of merchandise in the same year. In today’s global

environment, even small companies engage in crossborder purchase or sale of components, supplies, equipment and finished goods. Every commercial lawyer must therefore be prepared to counsel clients on sales transactions across national borders. This course will help you get there. The main focus is the United Nations Convention on Contracts for the International Sale of Goods (CISG), an international sales law in force in the U.S. and for most of our significant trading partners. We will look carefully at important provisions of the CISG, while considering the many different roles played by a commercial lawyer at various stages of an international sales transaction. INTRODUCTION TO THE CIVIL LAW SYSTEMS Professors Lorena Bachmaier Winter and Javier Martinez-Torrón (H) (2 Credits) This course provides an introduction to the civil law tradition as it has developed in today’s continental European legal systems. Students will be introduced


to historical sources of the civil law tradition, such as Roman and Canon Law and the Code Napoleon. Students will gain an understanding of how and why the tradition of codified law developed on the European continent in contrast to the common law tradition in England. The basic structure, principles and jurisprudence of the civil law systems will be explored and compared to those of the common law, leading the student to appreciate the strengths and weaknesses of both traditions. Students will also study the areas in which trends toward convergence or divergence of civil law and common law can be identified, and the questions they raise in the context of the European unification process. Particular attention will be given to the development of the civil law tradition in Spain and to Spanish procedure and jurisdiction, as well as to EU legal institutions. The course will not presuppose any knowledge of the civil law tradition or comparative law.

international business transactions. During every session of this course, students will participate in negotiation exercises designed to develop skills that are of significant importance in transactional law practice. The readings and experience of the exercises are designed to enhance law students’ understanding of distributional and interestsbased approaches to negotiation, the context of transnational negotiation, the impact of using agents, common barriers to successful negotiation (and strategies to overcome them) and how the process of mediation compares with negotiation. The great majority of our class time will be spent actively engaged in negotiation exercises, simulations and discussion. Students will learn to more effectively analyze and prepare for negotiations and will be able to extend their skills through participating in, observing and analyzing complex simulations and negotiation case scenarios.

NEGOTIATING INTERNATIONAL BUSINESS TRANSACTIONS Professor Carol A. Needham (H) (2 Credits) This experiential skill-building course will focus on the theory and practice of negotiation, with a particular emphasis on the negotiation of

INTRODUCTION TO SPANISH Professor Julio Lasarte (No Credit) This non-credit, hour-long introductory Spanish language class will be held every Monday through Thursday between May 26 and June 24. It will not conflict with other classes. 5


FACULTY LORENA BACHMAIER WINTER

IGNACIO BORRAJO INIESTA

WILLIAM P. JOHNSON

J.D., Complutense University of Madrid; M.A., Complutense University; J.S.D., Complutense University

J.D., Complutense University of Madrid; Doctor in Law, Complutense University of Madrid; LL.M, Harvard Law School

B.A., University of Minnesota; J.D., University of Michigan Law School

P RO F E S SOR

Professor Bachmaier Winter has been a professor of the faculty of law at Complutense University since 1996, where she teaches both criminal and civil procedure. She has written extensively on the subject of procedure and lectured in universities and governmental agencies in Europe and Latin America. She is a member of the Spanish Royal Academy of Jurisprudence and Legislation and the Ibero-American Association of Procedural Law and has consulted for Spain’s Ministry of Justice. Over the years she has been a fellow at the Alexander von Humboldt Foundation and a visiting scholar in the Max-Planck Institute for Foreign and International Criminal Law (Freiburg, Germany), the University of California-Berkeley and Harvard University. Her comparative legal studies are focused on human rights and procedure, international judicial cooperation, comparative law and the EU process of legal harmonization.

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PRO F ESSO R

Professor Borrajo Iniesta was an associate professor of law at the Complutense University in Madrid from 1984 - 1989 and was appointed a full professor of law at the University of Navarra, where he taught from 1993 - 1995. He has also lectured at the Sorbonne in Paris, the European University in Florence, Italy, the Academy of European Public Law in Spetses, Greece and at the College of William and Mary, both in Virginia and at their summer program. He is currently senior staff attorney at the Constitutional Court of Spain in Madrid, where he also teaches at the University Institute Ortega y Gasset. He has collaborated as an expert with the Council of Europe in the fields of human rights and the rule of law, and he has published widely in the areas of constitutional and administrative law, European Community law, due process and other public law subjects.

ASSOC I AT E P ROFES S OR

William P. Johnson, the director of the Summer Law Program in Madrid, is an associate professor of law and director for the Center for International and Comparative Law at Saint Louis University, where he teaches commercial law and international business law courses. He has also taught at Bucerius Law School in Hamburg, Germany, and Vytautas Magnus University in Kaunas, Lithuania. Before becoming a law professor, Johnson spent six years in private practice as a transactional lawyer in the business law department of Foley & Lardner LLP. He remains engaged with the practice community through his active involvement in the Section of International Law of the ABA, where he holds numerous leadership positions. Johnson’s research is in the areas of commercial law and international law and practice. He has written extensively on the United Nations Convention on Contracts for the International Sale of Goods, publishing his work in the United States, Turkey and Brazil.


JAVIER MARTÍNEZ-TORRÓN P RO F E S SOR

J.D., University of Granada; J.C.L., University of Navarra; J.S.D., University of Navarra; J.C.D., University of Navarra

Professor Martínez-Torrón has been aprofessor of law (Catedrático) at Complutense University of Madrid since 2000. Formerly a professor at the University of Granada (1993 - 2000), his teaching areas are comparative law, law and religion, marriage law and Canon Law. In these areas he has published extensively in 18 countries and eight languages. He has taught or lectured at numerous universities and international conferences in Europe, America and Asia. He has developed part of his research at Cambridge University, The University of Chicago, Columbia University and Harvard University, among others. He is vice president of the Canon Law and Law-and-Religion section of the Spanish Royal Academy of Jurisprudence and Legislation. He was co-founder of the Spanish Association of Comparative Law and a member of its board of directors. He is also a member of the International Academy of Comparative Law, the OSCE/ODIHR Advisory Council on Freedom of Religion or Belief, the Advisory Commission on Religious Freedom in the Spanish

Ministry of Justice and the Bioethics Committee of the Autonomous Region of Madrid. CAROL A. NEEDHAM PRO FESSO R

B.A., Northwestern University; M.A., University of Virginia-Charlottesville; J.D., Northwestern University School of Law

Carol A. Needham is a professor of law at Saint Louis University School of Law. Prior to joining the SLU LAW faculty in 1992, she practiced law in Los Angeles with Gibson, Dunn & Crutcher and Chadbourne & Parke, primarily in the areas of securities, corporate debt restructuring, project finance and commercial litigation. Her clients have included Fortune 100 corporations, privately-held companies and business consulting firms, as well as industry-leading manufacturing companies, banks and financial institutions operating in the U.S. and in countries in the EU, the Americas and Asia. STEPHEN C. THAMAN PRO FESSO R

B.A., M. A., J.D., University of California – Berkeley; Dr. iur., University of Freiburg, Germany

Professor Stephen C. Thaman, a recognized expert on comparative criminal law

and procedure, joined the SLU LAW faculty in 1995. He has consulted with Russia, Latvia, Georgia, Armenia, Kazakhstan, Kyrgyzstan, Indonesia and Vietnam on the reform of their criminal procedure. Thaman, who is fluent in six languages, obtained his B.A., M.A. and J.D. from the University of California – Berkeley. He has edited and contributed a major theoretical chapter to the book “World Plea Bargaining,” published by Carolina Academic Press in 2010. He has written numerous articles and book chapters on comparative criminal law and procedure. In 2008, the second edition of his book: “Comparative Criminal Procedure: A Casebook Approach,” was published by Carolina Academic Press. He is a member of the Scientific Advisory Board of the Max-Planck Institute for comparative and international criminal law in Freiburg, Germany and a member of the International Academy of Comparative Law. Thaman has been a visiting professor at the University of Orléans in France, the University of Bologna, the National University of Singapore, the University of Buenos Aires, the University of Bern, Paris-Dauphine, LUISS Rome and the University of Modena.

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ACADEMIC SCHEDULE MONDAY, APRIL 21 Noon - 1 p.m.: Mandatory pre-departure meeting (non-SLU students must contact William Johnson for a pre-departure phone conference by this date) SATURDAY, MAY 17 Date by which students should arrive in Madrid SUNDAY, MAY 18 4 p.m.: Orientation at SLU Madrid Campus Group picture taken (wear program t-shirt) Miscellaneous course materials distributed MONDAY, MAY 19 - THURSDAY, MAY 22 Classes held TUESDAY, MAY 20 9 p.m.: Add/Drop deadline for courses FRIDAY, MAY 23 No classes Last day to withdraw from classes with 100% tuition refund MONDAY, MAY 26 - THURSDAY, MAY 29 Classes held

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FRIDAY, MAY 30 No classes

WEDNESDAY, JUNE 25 Reading and review day

MONDAY, JUNE 2 - THURSDAY, JUNE 5 Classes held

THURSDAY, JUNE 26 - SATURDAY, JUNE 28 Final exam period (exams will be self-scheduled)

FRIDAY, JUNE 6 No classes

SUNDAY, JUNE 29 Travel day for students in International Criminal Law going to The Hague, Netherlands

MONDAY, JUNE 9 - THURSDAY, JUNE 12 Classes held FRIDAY, JUNE 13 No classes MONDAY, JUNE 16 - THURSDAY, JUNE 19 Classes held Course evaluations available online Program surveys distributed FRIDAY, JUNE 20 No classes MONDAY, JUNE 23 Classes held TUESDAY, JUNE 24 Final day of classes

MONDAY, JUNE 30 - WEDNESDAY, JULY 2 Optional Hague visit and visit to International Criminal Courts (ICC, ICTY, Special Court for Lebanon): Trial Visits, Discussions with judges, prosecutors, lawyers. DATE TBD Mandatory final pre-departure meeting TUESDAY, JULY 29 Grades due to SLU LAW Registrar


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KEY INFORMATION ELIGIBILITY The program is approved by the ABA. Applicants must be students in good standing who have completed their first year of law school. Students in SLU LAW’s accelerated program may also attend, provided that they complete at least four course credits in the program. TUITION, BOOKS AND FEES Six-week program: $4,700 estimated Books and course handouts included with tuition Travel costs and personal expenses not included Students in International Criminal Law will be charged an additional fee for housing at The Hague The $100 registration fee will be credited toward tuition PROGRAM HOUSING OPTIONS Madrid Family Housing The SLU Madrid campus contracts with local residents to house students during the summer for approximately €1,500. For this price students 10

will share a room at a residence with another law student or SLU Madrid graduate student and receive: Wireless DSL access Weekly laundry service Kitchen privileges (food and meals are the responsibility of the student) Students living with a family must respect the living environment which is quiet and tranquil. You may come and go as you please. However, you are expected to follow common courtesies and not disturb others after hours. Students should ask permission to bring visitors into the residence. Illegal substances are prohibited and overnight guests are not allowed. Apartment Housing Many online rental agencies have proven useful to students in the past. Please see Professor William Johnson for details. CAMPUS LOCATION The campus is situated in the pleasant university area of northwest Madrid. The closest metro station to SLU Madrid’s campus is Guzmán el Bueno.

TRIP TO THE HAGUE, NETHERLANDS, FOR STUDENTS IN INTERNATIONAL CRIMINAL LAW COURSE Students taking International Criminal Law will have the additional expenses associated with travel to The Hague, transportation between the various courts and food. These costs are the students’ responsibility and are estimated to be between €300 and €500 (provided that travel is booked early). Housing will be arranged by SLU and will cost no more than €150.00 per person for three nights. PROGRAM CANCELLATION SLU LAW reserves the right to alter or cancel this program. Cancellation would occur if there is insufficient enrollment or unanticipated international events that have the potential to affect participants’ safety and/or inhibit program administration. If cancellation becomes necessary and occurs after a deposit has been paid, the program director will make his best effort to make arrangements for each student enrolled to attend a similar program, if the student desires. If the program is canceled, all money advanced by the student shall be refunded within 20 days of cancellation.


INSTRUCTIONS FOR APPLICATION CLASS ATTENDANCE POLICY Regular and punctual class attendance is required during the Summer Law Program in Madrid. If a student misses more than three hours of a course without a valid excuse, he or she will be dropped from that course. DEADLINES Space is limited; early registration (by Jan. 13, 2014) is advised. There is a $300 discount for anyone who applies by the early registration date. March 28, 2014: Application deadline March 28, 2014: $100 deposit fee due April 25, 2014: Total tuition and fees due, or copy of financial aid request must be submitted. ACCESSIBILITY There is limited accessibility on the Madrid campus and in the surrounding community for students who have physical limitations and require special accommodations. If you have specific needs, contact: Ira H. Trako Phone: 314-977-2792 Fax: 314-977-3332 Email: cicl@law.slu.edu

1. Complete the application at www.slu.edu/x56095.xml. Space is limited; early registration (by Jan. 13, 2014) is advised. There is a $300 discount for anyone who applies by the early registration date. 2. Submit all information online by March 28, 2014. 3. Receive Information Packet and invitation to participate from SLU LAW if your application is approved. 4. Submit a non-refundable deposit fee of $100 made payable to Saint Louis University by March 28, 2014. The $100 deposit fee will be credited toward tuition. 5. Total tuition and fees due (or copy of financial aid request must be submitted) by April 25, 2014. Students in the International Criminal Law course will also have approximately â‚Ź150.00 due for housing at The Hague. Your registration will not be complete until SLU LAW receives your completed application and the deposit fee. Mail or bring $100 deposit checks by March 28, 2014 to: Ira H. Trako Saint Louis University School of Law 100 N. Tucker Blvd., Ste. 937 St. Louis, MO 63101-1930 Phone: 314-977-2792 Fax: 314-977-3332 Email: cicl@law.slu.edu 11


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SLU LAW Summer Law Program in Madrid 2013-14