Private International Law

PRIVATE INTERNATIONAL LAW

Summer Abroad 2011

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 (13th ed. 2009), 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	27	June	Orientation to Summer Abroad program and academic considerations. Overview of course.
Tuesday	28	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	29	June	Casebook pp. 7-87. Contrast British and American approaches to domicile. Discussion of Lord Ellenbrough's opinion in Buchanan v. Rucker, 9 East 192 (King's Bench 1808).
Thursday	30	June	Casebook pp. 88-152.
Monday	4	July	Casebook pp. 152-212. The British do not celebrate American independence. When in Rome . . . . Class meets as usual.
Tuesday	5	July	8:30 am meet outside Schafer Hall for trip to Royal Courts of Justice, Law Society, walk through Gray's Inn, and visit to Cittie of Yorke. Attendance will be taken.
Wednesday	6	July	Casebook pp. 212-275.
Thursday	7	July	Casebook pp. 275-332.
Monday	11	July	Casebook pp. 332-404, including foreign country judgments. Comity distinguished from Full Faith and Credit. See Conflict of Laws Final Examination, Summer 2004.
Tuesday	12	July	Casebook pp. 405-477. Discussion of Edwards v. Dominick, 815 So.2d 236 (La. App. 5th Cir. 2002). After class, depart for The Hague (optional).
Wednesday	13	July	Casebook pp. 478-522 and Book IV of the Louisiana Civil Code, articles 3515-3549. After class, depart for optional trip to The Hague.
Thursday	14	July	Optional visit today and Friday to International Court of Justice and International Criminal Court at The Hague.
Monday	18	July	Casebook pp. 522-610.
Tuesday	19	July	Casebook pp. 610-670.
Wednesday	20	July	8:30 am meet outside Schafer Hall for second trip to Legal London (Lloyd's of London). Attendance will be taken.
Thursday	21	July	Casebook pp. 671-759. Discussion of Kuwait Airways Corp. v. Iraqi Airways Company, [2002] UKHL 19 (House of Lords, 16 May 2002).
Monday	25	July	Casebook pp. 760-848, 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	26	July	Casebook pp. 849-918.
Wednesday	27	July	Casebook pp. 918-978. 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 second 4½-day weekend.
Monday	1	August	Casebook pp. 979-1060. Discussion of an unreported Sabine Parish case. Overview of casebook Appendix pp. 1061-1223. European Union conflict of laws rules.
Tuesday	2	August	Review.
Wednesday	3	August	Review.
Thursday	4	August	Final Examination beginning at 8:30 a.m. and ending at 12:30 p.m.
Friday	5	August	Final Examination in your other course.
Saturday	6	August	Dorm checkout. Please remember to turn in your room key.

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