Study Programmes 2016-2017
DROI2354-1  
Introduction to American law
Duration :
30h Th
Number of credits :
Master in law (120 ECTS)6
Extra courses intended for exchange students (Erasmus, ...)6
Lecturer :
François van der Mensbrugghe
Language(s) of instruction :
English language
Organisation and examination :
Teaching in the first semester, review in January
Units courses prerequisite and corequisite :
Prerequisite or corequisite units are presented within each program
Learning unit contents :
This introductory course to American Law is primarily aimed at students who intend to read law abroad in their future studies (as part of an Erasmus stay, or in a post-graduate programme). Other students with a keen interest in the subject are also welcome to attend. The course spans key areas of American Law (Constitutional Law, Law of Contract, Torts, Civil Procedure). In terms of substance, particular emphasis is placed on the meaning of judicial precedent and common law reasoning. With a view to understanding recent constitutional developments in the United States, the course highlights the role of the United States Supreme Court, the delicate quest for a balance of power between the Federal government and the States, as well as recent cases delivered by the Supreme Court concerning individual rights.
Learning outcomes of the learning unit :
By the end of this course, students should be able to: 1). present the fundamental rules, concepts, and trends of major areas of American Law (Constitutional Law, Law of Contract, Torts, Civil Procedure); 2). analyze precedent-setting court cases and summarize areas of contemporary American legal debate (jurisdictional problems, reproductive rights, privacy, ...); 3). develop informed judgment about the strenghts and weaknesses of American Law so as to convey this into reasoned advice to possible future clients.
Prerequisite knowledge and skills :
This course is devoted to the American legal system. Students are requested to have a comfortable command of the English language. As such, this is not a "English legal terminology" course. The entire course, supporting material, and the exam are given in English, without any French translations.
Planned learning activities and teaching methods :
The course unfolds in weekly two-hour lectures. Lectures are given with the aid of a Powerpoint presentation, available online prior to the actual giving of the lectures. Following the method of teaching given in Anglo-American law schools, students are kindly requested to read cases in advance. One class will be devoted to the "sources and methodology" of American Law. Part of this class will take place in the Law Library (please check the bulletin boards for the exact time and date).
Mode of delivery (face-to-face ; distance-learning) :
Given in lectures, the course will unfold during the first semester, on Monday afternoons, from 4:00 to 6:00 p.m.
On their own, students will read two key judgments delivered by the United States Supreme Court on Monday, October 17, and November 28. The judgments will be notified to students at the first class.
Classes take place in "Séminaire 12", the first class being given on Monday, September 19, 2016.
The first class will begin with a short introduction, presenting the entire course.
Recommended or required readings :
The course is primarily based on the following legal textbook: Gerald Paul McAlinn, Dan Rosen, and John P. Stern, An Introduction to American Law, Second Edition (Durham, North Carolina: Carolina Academic Press, 2010). Students may consult the book at the law library or purchase it through personal means.
In addition, the course is based on extensive usage of a Powerpoint presentation, available on the website of the University ("myULg") at the start of the semester.
Assessment methods and criteria :
The form of the exam is an oral examination - in English - lasting circa 20 minutes. Students are requested to answer four questions. The first three deal with themes and/or concepts studied in class. The fourth question is based on the analysis of a case that students will have chosen and prepared beforehand. This last question will assess students' clarity of delivery, their understanding of the Justices' respective arguments, as well as their capacity to undertake research.
Upon appointment, a special exam may be organized for those foreign students who would have difficulty taking exams during the Belgian exam session. All students are reminded that this is not an English terminology course. Accordingly, the exam will not assess their command of legal English. Notwithstanding, students are firmly encouraged to have a comfortable level of spoken English.
Work placement(s) :
Organizational remarks :
Courses are given on Mondays, from 4:00 p.m. to 6:00 p.m., starting on Monday, September 19 ("Séminaire 12").
By way of reminder, students are invited to read, on their own, two key judgments delivered by the United States Supreme Court on Monday, October 17 and November 28. The judgments will be notified to students at the first class.
Students are highly encouraged to participate throughout the classes. They will in any event be questioned - in class - on their readings of the cases contained in the course book (McAlinn, Rosen, and Stern, An Introduction to American Law).
Contacts :
fvdmensbrugghe@ulg.ac.be
Items online :
Background Material (a) - Erie RR v. Tompkins
General federal common law?
Background Material (b) - Kiobel
The Kiobel case of 2013.
Civil Procedure
A brief run-down of American civil procedure.
Constitutional Law: Government
Outline of Articles I, II, and III of the U.S. Constitution.
Constitutional Law: Individual Rights
Developments on individual rights in the U.S. Constitution.
Contract Law
Developments on the law of contract in the USA.
Obergefell v. Hodges: Questions
Questions in the Obergefell case.
Reading Assignment - Obergefell v. Hodges (November 28)
Reading assignment No 2(a) for Monday, November 28, 2017.
Reading Assignments
Reading assignment No 1(a) for Monday, October 17, 2017.
Reading Assignment - Voisine v. US (October 17)
Reading assignment No 1(b) for Monday, October 17, 2017.
Reading Assignment - Whole Woman's Health (November 28)
Reading assignment No 2(b) for Monday, November 28, 2017.
Shelby County - Questions
Questions relating to the Shelby County case.
The Jury System
The jury system in American law.
The Legal Profession
Developments on the legal profession in the US.
United States v. Windsor (2013)
Case of United States v. Windsor, delivered by SCOTUS in 2013.
Voisine v. US - Questions
The questions related to Voisine et al. v. United States.