Course description

This course introduces you to comparative legal analysis, with a focus on Latin America law.

We start with an introduction to the "civil law tradition" -- its Roman law roots, its development in medieval Europe, its incorporation into national law, its subsequent codification, and its dispersion around the world.

Next we travel across the Atlantic Ocean to look at the origins of Latin American law, beginning with the pre-Columbian period, moving to the Colonial period, and concluding with post-independence developments.

Then we move around Latin American considering a variety of legal topics -- constitutionalism, vindication of constitutional rights, codification of private law, codified sexism, procedural systems, and company law.

Paper assignments and grading

I will conduct this course as a tutorial. This means you will prepare regular papers (about once per week) on the assigned readings. Your paper will respond to three questions: (1) what are the main points of the assigned reading? (2) given these points, what comparisons can be made to US law? (3) what additional question does the reading raise for you? The paper should be in Word, 4-5 pages in length, single-spaced, double-spaced between paragraphs.

Your answers will come from the readings, as well as additional research. Here is an example of a Q&A paper prepared by a student in a previous semester. In evaluating your papers, I will pay attention to the quality of your answers (responsive, writing, diligence, informed, analytical), your use of resources (casebook, class discussion, outside research), and the nature of the questions you pose(novel, focused, challenging). Please submit your paper as a DOC (not docx) file and title your papers with your last name, the assignment number (this one for Writsin Mexico), and which paper this is for you: for example "Smith-Assignment17-Paper06.doc".

Your Q&A papers will form the basis for our class discussion. In fact, I may ask you to lead a class discussion on aspects of your paper. You will be responsible for a total of 10 Q&A papers -- about once weely. If your paper is for the Monday (Wednesday) class, send it to me and to the class as an email attachment by 10:00pm on Sunday (Tuesday) evening. Please plan to submit about half your papers for Monday and the other half for Wednesday. I will allow the law of averages to operate.

At the end of the semester, you will prepare a final paper that contains (1) a "quiz" with 10 questions and answers that reflects your understanding of the course (the format can be matching, multiple-choice, or the format of your choosing), and (2) a one-paragraph description of the "essence" of your learning from the course. This assignment will be due on December 16, the last day of the exam period.

There will be no other written assignments. But each day, whether you have prepared a paper or not, please come prepared to discuss that day's readings and your classmates' papers. My grading will be weighted as follows -- 80% Q&A papers, 10% class participation, and 10% final paper.

Optional independent study (one P/F credit hour)

If you are moved to greater inquiry about comparative law or wish to fulfill your upper-level writing requirement, I am offering an optional independent study credit for one of two projects, described below. The project will are due by Friday, December 16.

If you are writing the paper for ULW credit, please send me an email by September 1 with the topic and schedule you propose (outline, bilbliography, draft, final draft). I will review and comment on your paper each step of the way.

Comparative analysis of US case

Identify a US court case in an area of interest to you (best if a basic substantive topic, such as torts, contracts, property, criminal law, company law, civil rights). Describe the court's opinion. Compare how this case would be decided under the law and processes of a Latin American country of your choice. Compare and analyze differences in form and substance.

The paper should be between 12-15 pages (single-spaced, double-spaced between paragrapsh). Please send the paper to me as an email attachment. Name the paper as follows: "Last name - CaseAnalysis" ["Smith-Case.doc"].

For a similar, though more extensive paper, comparing how a US case would come out in a civil law jurisdiction, see Michael Wells, French and American judicial opinions, 19 Yale J. Int'l L. 81-133 (1994) [excerpted version].

Reaction to academic article.

Identify a law review or other academic article on some aspect of Latin American law of interest to you (best in an area in which you have some familiarity). Describe the article. React to the article - form, scope, thesis, purpose. Very important: use materials and discussion from our course in making your critique.

You will find a rich supply of recent articles on Westlaw, Lexis and ssrn.com.

The paper should be between 12-15 pages (single-spaced, double-spaced between paragraphs) and include a clear citation or electronic link to the article you choose. Please send the paper to me as an email attachment. Name the paper as follows: "Last name - ArticleReaction" ["Smith-ArticleReaction.doc"].