Stetson University College of Law	T & Th 1:30 - 2:50 p.m. Seminar Room 202 Professor Reilly
	Comparative Legal Systems Seminar

Course Syllabus

I. Purpose — "Seminar," from the Latin word for seed, is a beginning exploration of a topic. Being exploratory, a seminar's specific content may be less predictable, although usually resulting in wider knowledge, insights and interests for future learning.

II. Seminar Goals —

1. To widen and deepen knowledge of the history, philosophy and influences of the worlds major legal systems.

2. To increase understanding of legal diversity and decrease legal ethnocentricism and chauvinism.

3. To enhance skills of questioning, interviewing and explaining required in the profession of law.

4. To undertake and complete a research study of one legal system or tradition as a model for similar later studies.

5. To write a publishable article of exposition, analysis, thesis, argument or recommendation as a model for similar ones later.

III. Scope of the Seminar

Overview of the World's Major Legal Traditions* and Others of Significance

A.	The Roman-Civil-Continental Legal Tradition as illustrated by: France, Spain, Italy,      Germany, Japan, Canon Law
B.	The Original Common Law Tradition of England
C.	Derivative Common Law Traditions, as illustrated by:   United States, Ireland, Canada, Australia
D.	The Islamic Legal Tradition as illustrated by Saudi Arabia
E.	The Socialist Legal Tradition as illustrated by:  China, former Soviet Union,  Russia
F.	The Emerging European Union
G.	Military
H.	Native American
I.	Countries/Cultures Explorable:

a.	Ancient Systems Roman Greek European Tribal Canon Law	b.	Common Law Systems Canada England Scotland Caribbean
c.	Continental Civil Code Systems France Germany Switzerland Italy Japan	d.	Collectivist Systems Soviet Chinese Islamic Israeli African

IV. Major References:

1. Texts: Comparative Legal Traditions (Nutshell) and The Civil Law Tradition, by J.H. Merryman, Stanford University Press

2. Martindale Hubbell International Law Digest - Argentina to Venezuela, latest edition, one of the last volumes of the MH set. One copy in the MH set across from the Reference desk, one on Reserve at the front desk, and the previous edition upstairs shelved KF190.M32.

3. InfoTrac – for scanning periodical articles.

4. Manual of Stetson Library Periodicals Holdings — at Reference Desk, for scanning and selection of periodicals where your Article might be published.

5. International Section of Stetson Library — Scope the entire section.

6. Modern Legal Systems Encyclopedia — a gold mine of specific information.

7. Electronic Sources — Lexis, Westlaw, Internet, etc.

V. Methods — The methods we will be practicing are those required in the profession of law, and of which comparatively little practice is offered in law school. The primary in-class method of this seminar is interactive dialog, with practice in questioning, interviewing and oral presentation. The primary out-of-class method of this seminar is narrative and descriptive writing, as distinct from case based analysis or argument.

Differing from many law school classes, this seminar emphasizes teamwork and collegial efforts, as commonly used in law offices and agencies. During the phases of the course you will be working in a partnership of two or three students, sometimes assigned, sometimes selected, and sometimes with another student serving as an editor of your partnership writings.

Stages of Learning and Practice – Our seminar will generally follow the natural phases of learning:

Awareness
          Exploring
                    Discovery
                              Analysis
                                        Organization
                                                  Explanation
                                                            Application
                                                                      Synthesis

VI. Practice Patterns and Production

Sooner or later many lawyers work in a group to assemble, select, organize and present a collection of information, for a legislative hearing, business plan, zoning variation etc. or for publication as by the National Law Journal, Commercial Clearing House, Bar Journals, etc. Similarly we will suppose that this seminar is the staff for the development of a new monthly publication for lawyers, law students and lay persons interested in international relations, law or business. By the completion of this seminar we will have practiced and produced three types of informal and sharable writings, often used in the profession of law in supplementation of official legal writing:

1) An informal weekly Abstract of your interesting and significant references and discoveries from your cited sources, of no more than one sheet, available for duplication and distribution. This is similar to a lawyer's file summary from a client or witness interview and follow up.

2) A Primer Page of your topic so that your listeners or readers have a basic knowledge of the primary categories and patterns for understanding what you are reporting. This is similar to a lawyer's presentation to a legislative body.

3) A variety of articles to enlighten and interest our readers in the historical cultural dynamics and in the contemporary situations, issues and trends in the world's major legal systems.

By April first, have your Article, ready to mail to a publication, usually expository of your topic, thesis or recommendation. The length and depth of your Article will ultimately be determined by the publication(s) to which you intend to submit it, but it is wise to have more than enough from which the editor may select. Generally, Articles will be about 25 pages, including endnotes.

VII. Grading — As in most law firms and agencies, your contributions are evaluated by demonstrated performance and productive results. In this seminar you will be building up your grade by practice, performance and production.

Oral Dialog Briefings, Questioning and Interviewing

Weekly Written Abstracts 2.0 - 2.25

Primer Chapter Content and Explanations 2.25 - 2.5

Article Research, Content and Drafting 2.50 - 3.0

Final Article Submission to Publication(s) 3.0 - 3.50

Professorial Professional Judgment of Comprehensive Contributions and Production Initiative, Scholarship, Creativity, etc. +.0 - 1.0

VIII. About the Instructor — Professor Reilly has studied or traveled in England, Ireland, Scotland, Austria, Germany, Switzerland, the Netherlands, France, Spain, Greece, Japan, Hong Kong, Taiwan, China, Mexico, and Ethiopia. He holds dual citizenship in Ireland with rights in the European Union. He was a visiting professor at Sophia University in Tokyo and the Florida University Study Center in London. He is a member of the Florida Bar and the Bar of the U.S. Supreme Court.

IX. To Begin — For general background understanding, please read as deeply as your first week’s confusion allows, the following —

In Comparative Legal Traditions Nutshell:

Introductory Matters, Chapters 1 & 2, and write a one page Abstract to begin that practice. Use the following standardized heading:

(Title) ___________________________________________________________________

An Abstract from (Source) ____________________________________________________

By _____________________________________________________________ (Month) 2000.

Some Typical Seminar Topics

Adaptable to Articles with Comparative Perspective and/or Thesis

1. A comparative legal issue, problem or procedure of importance to you

2. Legal education in any country

3. Any substantive law area in another country, e.g. differences in real property law in U.S. and Russia or China

4. The criminal justice system of any country

5. Major differences between Common Law and Civil Law Systems

6. American Indian Law, early or contemporary, including issues regarding gambling

7. Military Law

8. The changing legal system of China, Russia, Vietnam, etc.

9. The Socialistic legal system of Cuba

10. The importation of the Civil Law System into Japan

11. Effects of the U.S. Occupation and Constitutional guidance in Japan

12. Similarities and contrasts of cousin legal systems, e.g. U.S., England, Canada, Australia, or  France, Italy, Spain, etc.

13. Sentencing and incarceration in any country

14. The legal system of Mexico or any Latin American country

15. Development of Maritime Law

16. Canon Law

17. The changing legal systems of the former Soviet Union and Eastern Europe

18. The concept of "Judicial Review" or constitutional review in other countries

19. Emerging Legal System of the European Union

Any Questions or Comments?   E-Mail Professor Reilly.