2008-2009 Course Listings

International LL.M. Course Listings

Academic Year 2008-2009

Fall 2008:
Bologna Campus
Classes begin September 12 and end December 6, 2008. The exam period is from December 7 - 14. Take home exams must be submitted before leaving Bologna.

Required courses for international students:
(Graduates of ABA accredited law schools are not eligible to enroll in these courses.)

American Contract Law (4 units)
American Trial Process (2 units)
Introduction to American Law (2 units)
Legal Research and Writing (4 units)

Fall 2008:
Los Angeles Campus
Classes begin August 18 and end December 2, 2008. Exam period is from December 5-22.

Required courses for graduates of American law schools.
Students must complete a minimum of 9 units in the fall but are strongly encouraged to complete 12 units to maximize their ability to obtain the LLM degree in one year. Students who have previously taken equivalent coursework at Loyola Law School or other ABA accredited law schools may petition in writing to be waived from completing a required LLM course. However, any waiver of required courses will not reduce the 24-unit requirement for the LLM degree. Students who receive a waiver of a required course need to substitute advanced coursework to complete the 24-unit requirement.

Comparative Law or Introduction to the Civil Law Legal Systems (3 units)
European Union Law (3 units)
International Law (3 units)

Note: This information is subject to change and/or expansion. Please refresh this page and double-check the information to be sure you have the latest updates.

Students choose the fourth course to complete 12 units from any course offered that does not conflict with the mandatory courses listed above with the exception of International Commercian Arbitration and International Litigation which are offered in Bologna in the spring. Please see Fall 2008 Course Offerings Los Angeles.

Spring 2009:
Bologna Campus
Classes begin January 9 and end March 28, 2009. The exam period is from March 29 - April 5. Take home exams must be submitted before leaving Bologna.

Both international students and graduates of ABA accredited law schools will enroll in four courses.

Courses:

International Business Transactions (3 units)
International Civil Litigation/American & International Conflict of Law (3 units)
International Commercial Arbitration (3 units)
International Mergers and Acquisitions (and private equity) (3 units)

Please note: course offerings are subject to change.

COURSE DESCRIPTIONS

Fall 2008 - Offered in Bologna

American Contract Law (4 units)

This course studies contract formation and interpretation, defenses to enforceability, conditions, performance and breach, discharge and third party rights and obligations. Students will learn both American common law and the Uniform Commercial Code.

Introduction to American Law (2 units)

This course provides an introduction to the common law and the essential characteristics of the United States legal system: basic constitutional structures and the judicial function, the structure of the American judicial system, the role of federal courts, the basics of legal methodology, the role of the legal profession in an adversary system and some core legal principles.

American Trial Process (2 units)

This course covers the theory, procedure and style of pre-trial litigation and trials in U.S. courts. It addresses: (1) pretrial rules and procedures, including pleadings, discovery and dispositive motions (2) the roles of the judge, jury, and lawyers, (3) the structure of the trial, (4) the rules governing the admissibility of evidence, (5) the basics of trial advocacy (6) post-trial rules and procedures, (7) the role of appellate courts in regulating trial courts and (8) settlement.

Legal Research and Writing (4 units)

This course teaches students the basics of legal research and writing. Research topics covered include: ethical obligations to research, court structure, stare decisis, case reporting and precedent, digests, state and federal statutes and administrative law, periodicals, encyclopedias and treatises, citations form, research strategies and computerized legal research. Students learn the fundamentals of drafting objective and persuasive legal documents. Students will prepare an office memorandum, a brief or memorandum of points and authorities and other written work. The professor will extensively critique student written work and meet individually with students to review their papers.

Fall 2008 - Offered in Los Angeles

Required Courses

European Union Law (3 units)

This course will provide an introduction to the law of the European Union. The course will examine fundamental principles of EU law and its relationship to national law, including direct effect and supremacy. The course will also review the provisions on free movement of goods which limit Member State power and confer regulatory authority on EU institutions.

International Law (3 units)

This course surveys the basic concepts of international law. International law deals with the rules and procedures governing the relations of nation-states - and increasingly disciplines the relations between states and their nationals. The course will cover both customary and conventional (treaty-based) international law as well as other less formal ways by which international norms can be formed and enforced. The course also examines the role of states, international organizations and non-state actors in the international legal order and the relationship between international and domestic law. The course will introduce specific fields within international law, such as international human rights law, trade and investment law, environmental law and the law of war.

Introduction to Civil Law Legal Systems (3 units)

The course will introduce the students to the legal systems of Western Europe that have most influenced the civil law legal systems in the world. The course will cover the application and development of Roman law in Europe to the making of the national codes and their influence in the Spanish colonies of the new world (Latin America and parts of the United States). The main features of civil and criminal procedure in the civil law countries will follow, as well as recent and current reforms of the criminal systems in Latin America. Selected topics in European law will also be discussed, including a comparative analysis of legal provisions and court decisions in France and Germany.

Elective Courses:

Please see Fall Electives in Los Angeles for course descriptions.

Spring 2009 - Offered in Bologna

International Business Transactions (3 units)
Prof. Marco Torsello, University of Bologna
Prof. Domenico Di Pietro, Chiomenti LLP

The purpose of this course is to provide the students with a general overview of the main legal features of cross-border transactions and commercial deals.

The course will be divided in two units:

The first unit of the course will deal with the general legal regime of international business transactions, focusing on the various sources of law applicable to international contracts on a number of selected issues and common clauses of particular relevance in international contract practice (battle of forms, transfer of risk, force majeure and hardship, exemption clauses, liquidated damages, etc.) and specific international instruments widely applied ( Vienna sales Convention and Unidroit Principles).

The second unit of the course will focus on further issues strictly connected to international business transactions such as the law (or the laws) applicable to the contract. The second unit will also cover issues which are ancillary to international trade such as trade guarantees (letters of credit, first demand guarantees, performance bonds etc). Finally, a good part of the second unit will be devoted to contract-drafting exercise where most of the features touched upon over the two units will be put into practice.

International Civil Litigation/American & International Conflict of Law (3 units)
Prof. Nicolo Trocker, University of Florence
Professor Edith Friedler, Loyola Law School

International Civil Litigation

As international transportation and communication expands, more disputes involve parties from two or more countries. Using a hypothetical problem case approach, this course explores how the United States courts deal with cases involving US and foreign parties, as both plaintiffs and defendants. The cases used range from commercial disputes to personal injury to human rights cases. Problems of forum selection, including personal jurisdiction and service on foreign countries, and forum non conveniens; discovery in foreign countries; sovereign immunity; and enforcements of US judgments abroad will be covered. Although the course focuses primarily on litigation in US courts, the course also covers examples of litigation in foreign courts.

American and International Conflict of Laws

This course also known in civil law countries as Private International Law examines laws applicable to cases having interstate and international elements; which court or courts may have jurisdiction; which substantive law may determine a case outcome; when sister-state or foreign country judgments must or may determine a local litigation; and the extent to which considerations of due process, full faith and credit, and other constitutional provisions shape answers to these questions. Special consideration will be given to “party autonomy” and international treaties such as the Rome Convention I and the Inter American Convention on the law applicable to international contracts.

Please note: This semester the course is part of International Civil Litigation and will be taught during four week ends, it will cover only American choice of law, “party autonomy”, and the Rome Convention on the law applicable to international contracts.

International Commercial Arbitration (3 units)
Professor Chiara Giovannucci Orlandi, University of Bologna

Arbitration is the principal alternative form of dispute resolution to civil litigation. The course will cover the major differences between arbitration and other methods of alternative dispute resolution, and will focus on issues relating to International Arbitration. Special attention will be given to the Federal Arbitration Act, the European laws on International Arbitration and to the rules of the most influential International Arbitration institutions (eg, The American Arbitration Association, The International Arbitration Chamber of Milan, The International Chamber of Commerce of Paris and The London Court of International Arbitration). Special regard will be given to the 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards and its application in the United States and Europe.

International Mergers and Acquisitions (and private equity) (3 units)
Professor Leonardo Graffi, Freshfields Bruckhaus Deringer LLP
Professor Alessandro Pomelli, University of Bologna

This course will explore the theory and international practice of mergers and acquisitions and private equity transactions. The theoretical part will be first devoted to studying the motives and expectations underlying corporate mergers and acquisitions, such as synergies, asset diversification, recapitalization and replacement of inefficient management. Secondly, the attention will turn to the analysis of alternative acquisition techniques, transactions in particular settings, such as hostile takeovers, and conflicted transactions, such as freeze-out mergers. The practical part of the course will examine the different purposes and the analysis to be carried out during the legal due diligence stage, as well as the drafting and negotiation of asset purchase agreements and share purchase agreements. The course will also deal with the structure and mechanics of a U.S. based private equity fund, together with the basic features of a private equity transaction. The goal of the course is to explain why corporate acquisitions occur, who benefits from them and how they are structured and performed.