Shangjun Tan
National University of Singapore

"CTLS is a fantastic opportunity for building friendships and networks across cultural, linguistic, and transnational boundaries. Whilst other exchange programs usually involve students immersing themselves in a foreign university, CTLS is unique in that it brings together students and professors from over 20 schools on five continents. CTLS is a synergistic combination of legal perspectives from many brilliant minds. We could very well be contemporaries in a particular field of law in the near future, and building bonds of friendship now makes the prospect of future collaboration or interaction even more interesting."

Courses offered
Fall 2016 - Elective Courses

Advanced Property Law

Daphna Lewinsohn-Zamir, Hebrew University

The right to private property is a fundamental right, necessary for the safeguarding of personal freedom and autonomy, and for human flourishing. In the course, we will discuss several issues involving property rights –such as the good faith purchase doctrine, the numerus clausus principle, takings compensation, dead hand control, property exempted in bankruptcy proceedings, landlord and tenant law, and rent-control –from analytical, theoretical and comparative perspectives. The theoretical analysis will include, among other things, subjective and objective theories of welfare (contrasting mental-state and preference-satisfaction theories with objective theories of well-being), economic analysis of law, the personhood theory, libertarianism, behavioral law and economics, and theories of distributive justice.

The course will introduce the students to the relevant theories in philosophy, economics, and psychology. No prior knowledge is necessary. All comparative reading materials will be in English.

2 credits. Evaluation: Class Participation (20%), Final Take-Home Exam (2500 words, 8 hours) (80%).

Comparative Constitutional History

René Pahud de Mortanges, University of Fribourg

Modern constitutions are the result of many influences in history: theoretical and philosophical concepts, political disputes and constitutional conventions, revolutionary overthrows and many more.

This course explores the rise of constitutionalism and the backgrounds and making of modern constitutions in a range of states.

It deals with questions such as: What are the different models and the basic principles of modern constitutions and how did they evolve throughout history? Can we see correlations, differences or mutual influences when we look at the constitutional history of states? An intense exchange of constitutional ideas existed since the late 18th century between England, America and Western Europe, but what about later periods and other parts of the world? Up to what extend do we see the transplant of modern constitutions in the Asian countries after the end of the colonial period? And what about in Eastern Europe after the breakdown of the Soviet Union?

Through the comparative study of these topics we will aim to better understand modern constitutions and constitutional law.

There will also be guest lectures and site visits in London.

2 Credits. Evaluation: Class participation (30%); a research paper (4000 words) analysing one of the topics and it's presentation in class (70%).

Copyright Law: Current Understanding and Future Trends

Antonio Delgado Planas, ESADE Law School

For those who want to work in the Creative Industries, it is essential to understand basic concepts of the different systems that protect the author's creations, and what trends could follow from these systems.

The first objective of this course is to examine how literary, scientific and artistic creation is protected, addressing the confrontation of the "copyright system" (US) and the "author's right system" (Europe). The analysis of the figure of the author, and their rights and limits, are essential for this understanding. The role of artists, producers or cable stations, among others, and their rights is also necessary. Finally, the public and their access to culture will also be under study.

The second objective is to understand the interests which underlie the current regulation and their conflicts. This will lead us to discuss in which directions regulation trends tend to be moving to reflect changes in the market.

Both objectives will provide participants with the knowledge needed to identify the risks involved in the protection of intangibles and their transactions in this field.

2 credits. Evaluation: Class participation (20%); a research paper based on a case study and its presentation in class (80%).

Criminal Law: Comparative Perspectives

Markus Dubber, University of Toronto
Serena Quattrocolo, University of Torino

The course will discuss various topics in criminal law from a comparative perspective. While we will pay particular attention to U.S. and German criminal law as representative common law and civil law systems, other jurisdictions will also be considered. The main aim of the course is to stimulate discussion from different perspectives rather than to provide an exhaustive comparative overview of criminal law.

Topics may include theories of punishment, the legality principle (nulla poena), constitutional limits on criminal law, general principles of liability, and corporate criminal liability, as well as particularly interesting current events that would stimulate comparative discussion among students from different legal systems.

3 Credits. Evaluation: Class Participation (20%), Take-Home Exam (2,500 words, 8 hours) (80%).

Critical Perspectives on Law

Markus Dubber, University of Toronto

This course is about different ways of looking at law. It is for students who are interested in taking a step back from the legal rules in various shapes and sizes (from the "rule against perpetuities" to the "Rule of Law") that they encounter in their legal education, to gain some perspective(s) on "The Law."

The course readings are chosen to stimulate reflection and debate among students from different legal and educational systems. Drawn from a wide range of methodological and disciplinary approaches to law (e.g., Legal Realism, Law &Society, Law &History, Law &Literature, Law &Feminism, Comparative Law, Critical Legal Studies, Legal Science), they include both "classic" and contemporary texts of general scope and texts that zoom in on particular areas of legal doctrine, notably in criminal law.

2 Credits. Evaluation: Class Participation (20%), Take-Home Exam (2,500 words, 8 hours) (80%).

Law of Transfer of Technology

Antonio Delgado Planas, ESADE Law School

Technology and innovation are more and more important in the Knowledge Society. Research centers and universities invest large sums of money to create new technologies and innovations, but normally they need to transfer those creations to public or private entities in order to develop and introduce them into the market.

The step of transferring the technologies and the innovations created in research centers or universities to private or public entities is very complicated from a legal point of view. Co-ownership agreements, joint venture agreements or licensing agreements are examples of the kinds of contracts that will be analyzed in the course. 

Participants who successfully complete the course can expect to have gained a knowledge not only of how the transfer of technology and innovation works, but also of how to identify and mitigate the main risks when dealing with these sorts of agreements.

2 credits. Evaluation: Class participation (20%); a research paper based on a case study and its presentation in class (80%).

Selected Topics in Land Use Law: Theoretical, Comparative, and International Perspectives

Klaus Bosselmann, University of Auckland
Daphna Lewinsohn-Zamir, Hebrew University

Land use involves the management and modification of the natural environment at local levels such as farming or urban areas. This course will discuss several issues in land use law, from theoretical, comparative, and international perspectives. We will focus on two major forms of intervention by the state with owners' freedom to utilize their land: the controls involved in environmental law and in urban planning.

Among other things, we shall examine global and sustainability dimensions of land use, current trends of deregulating land use, various justifications for governmental control, overarching principles around fair and sustainable use, the appropriate balancing of rights and responsibilities, the efficiency and fairness of compensating landowners for the injury caused to the value of their property, and distributive justice concerns raised by the two forms of state-intervention.

3 Credits. Evaluation: Class Participation (20%); Final Take-Home Exam (80%).

State, Law and Religion

René Pahud de Mortanges, University of Fribourg

In the western world religion used to be a dominant aspect of private and public life, in many other parts of the world it still is. States should have a multifocus policy regarding religion;on the one hand they should allow the free exercise of religious practices and on the other hand they need strategies to ensure personal freedom and public safety.

This courses deals with questions such as: How do states in different parts of the world regulate the exercise of religion? Is their legal order dominated by historically important religions or is it open for religious plurality and secularism? Do fair conditions exist, also for members of religious minorities and people without religion? To what extend is religious liberty guaranteed, not only in theory, but also in practice? Do religious norms, courts and authorities play a role within the legal order of the state? What can be learned from this with regard to the theory and reality of legal pluralism/hybrid legal orders?

To give a better understanding of the motivation and commitments of religious believers, the course also gives an introduction to the legal order of some of the world religions like Catholic, Anglican, Jewish, Muslim and Hindu Law.

There will also be guest lectures and site visits to religious courts in London.

2 Credits. Evaluation: Class participation (30%); a research paper (4000 words) analysing one of the topics and its presentation in class (70%).

One-plus option 

For 1 extra credit, up to five students who need to fulfill a graduation requirement at their home university may write a major research paper. To obtain the extra credit, the student must (a) turn in a written outline of the paper for faculty comment relatively early in the semester, (b) turn in a complete first draft for faculty comment two-thirds of the way through the semester, and (c) write a paper of 6,000 words, not including footnotes.

Please note that this course has been approved as a WR course for Georgetown students.

Transnational Environmental Law

Klaus Bosselmann, University of Auckland

The course examines environmental law and governance in a transnational perspective. It will cover concepts, institutions and selected areas of international environmental law (e.g. climate change), comparative aspects in various jurisdictions (e.g. EU, UK, Germany, USA, China and New Zealand) and trends towards a transnational system of environmental law and governance based on common values and principles (e.g. Earth Charter, UN Sustainable Development Goals, global environmental constitutionalism).

3 Credits. Evaluation: Class Participation (20%); Final Take-Home Exam (80%).

Center for Transnational Legal Studies
37-39 High Holborn
London WC1V 6AA, United Kingdom