U.S. Law Librarian Teaches at Wuhan Law School (China)

Recent posting on SSRN:

Teaching Foreign and International Legal Research at Wuhan University (Wuda) Law School

Roy L. Sturgeon

Touro College Jacob D. Fuchsberg Law Center
October 8, 2009


Prof. Sturgeon, an American academic law librarian and Chinese law specialist, reports on his May 2009 experience as a visiting professor of legal research at a prestigious mainland Chinese university.

Keywords: Wuhan University, Wuda, China, Overseas Young Chinese Forum, teaching fellowship, foreign legal research, international legal research


Global Legal Education and Comparative Visa Regulations

Global Legal Education and Comparative Visa Regulations

 Luca C.M. Melchionna, St. John’s School of Law, Columbia Univ. – Italian Academy for Advanced Studies in America

available on SSRN: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1392944

Legal education is slowly but steadily becoming global. U.S. law schools are adapting to the need to educate jurists who can work on cross border issues. Within the next 100 years, U.S. law schools will face the challenges of educating an increasing number of international students, while dealing with diverse legal systems.

In the next 100 years, U.S. law schools will expand overseas with several branches (at least one in every country or group of countries with legal and economic relevancy) and will embrace corporate form and a business approach. Faculty and administrators should carefully plan today for the future placement (in terms of ranking) and development (in terms of scientific breakthrough) of their academia if they seriously consider obtaining global presence, recognition and intellectual credibility. Those who do not have plans to globalize today will struggle tomorrow locally.

Only those law schools that are investing today in a solid globalization of their curricula and hiring faculty with diverse skills will be the primary actors in the field of global legal education in the 22nd Century.

This article has three main objectives:
(a) To define the issues currently influencing the movement global movement in legal education and their effect on its future development.
(b) To analyze the visa (or entry) regulations of the countries where U..S. students currently have the privilege of travelling for study or research purposes.
(c) To analyze the host regulations that U.S. universities have to face when they plan to offer educational services in a foreign jurisdiction through a physical presence in that jurisdiction.

An analysis and comparison of the entry regulations of 16 jurisdictions will be offered, with special attention to the French, Italian, E.U. and U..S. visa situations. The paper will analyze how E.U. regulations are not completely and uniformly followed by some member states and how U.S. regulations could be improved for at least short term study programs. The legal and economic consequences of these regulations will be addressed as well.

Classroom cooperation among foreign law schools

Legal Education Digest (v.16 #2 pp. 46-49), published a condensed version of the following article by Daniel Bradlow and Jay Finkelstein: “Training Law Students to be International Transactional Lawyers – Using an Extended Simulation to Educate Law Students About Business Transactions.”  This article describes an international business transactions course jointly taught by Amercian University Washington Colleg eof Law and Dundee University’s Centre for Energy, Mineral, and Petroleum Law and Policy.  One class represents the buyer, a  U.S. drug company and the other class represents the seller, a state-owned agricultural cooperative in an African country. 

Full text available via SSRN: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1084071

Article Abstact:

The article describes an innovative approach to educating law students about the legal issues and the role of lawyers in negotiating international business transactions. It is based on our experiences in developing and teaching a course that is built around a semester-long simulation exercise and taught in counterpart classes at two law schools. The students in these classes represent the opposing parties and negotiate a cross-border business transaction involving a joint venture agreement, a licensing agreement and a long-term supply contract. The students, who attend either the American University Washington College of Law or the Centre for Energy Mineral and Petroleum Law and Policy at the Dundee University in Scotland, utilize written communications, video-conferencing and teleconferencing in their negotiations. In the paper we discuss the value the course adds to the education of our students, the challenges and pleasures of teaching the course, the response of students to the innovative approach to teaching, and ways in which the course could be adapted and enriched.



Beyond Borders in the Classroom – The Possibility of Transnational Legal Education

Beyond Borders in the Classroom – The Possibility of Transnational Legal Education

Ritsumeikan Law Review, Vol. 25, pp. 183-208, 2008
Sydney Law School Research Paper No. 08/63

LUKE R. NOTTAGE, University of Sydney – Faculty of Law, University of Sydney – Australian Network for Japanese Law
FRANK BENNETT, Nagoya University – School of Law
KITTISAK PROKATI, Thammasat University – Faculty of Law
KENT WILLIAM YAMANAKA ANDERSON, Australian National University – ANU College of Law
LEON T. WOLFF, University of New South Wales – Faculty of Law
MAKOTO IBUSUKI, Ritsumeikan University – College of Law

This is an edited transcript of a panel discussion, a popular format in Japanese law journals, from a conference held in Kyoto on transnational legal education. Two professors based in Japan join with three based in Australia, and one from Thailand, to compare and assess various experiments in recent years.

One model involves students physically crossing borders. Some take entire degrees abroad, as with the Masters programs at Nagoya and Kyushu Universities. Other students increasingly take some courses abroad. For instance, the “Canberra Seminar” in Australian law includes a week of “Legal English” before a week introducing key areas and principles of the common law most interesting for law students from Japan. A more ambitious example is the “Kyoto Seminar” in Japanese law, involving both Japanese and non-Japanese professors and students in teaching and learning. In another variant, students sometimes get partial credit for activities abroad, like some students from Australia who have participated very successfully in the Intercollegiate Negotiation and Arbitration Competition in Tokyo. Difficulties include the costs involved for students (and their home institutions). This has led to some law schools instead developing more courses taught in English, involving permanent or visiting professors abroad, as in Thailand.

Another more recent approach uses Information Technology to run courses in parallel in different jurisdictions. Students remain in their home institutions, but are linked up (through e-mail and/or internet video-conferencing) to hone their skills in cross-border legal communication. Examples include a contract negotiation and renegotiation simulation involving students in Canberra and Tokyo. The main challenge is logistics, including the extra time involved particularly for instructors.

Nonetheless, all six panelists agree that transnational legal education is no longer a possibility. It is already a reality, but one requiring further experiments and efforts to train the new generation of globally aware law graduates demanded by legal professions, the public and private sectors, and citizens world-wide.

 Source: LSN Public International Law Vol. 3 No. 55,  07/25/2008

The Globalisation of Legal Education & making friends around the world

I like to follow bicycle racing.  We’re about half-way through Le Tour de France.  One of my favorite teams is team CSC (now CSC-Saxo Bank) and its rider Frank Schleck is just 1 second behind the overall leader at the moment.  Schleck is from Luxembourg and he rides on a Canadian bicycle for the Danish team CSC, which is sponsored by an American computer company.

What made me think of this is an article being written by Simon Chesterman, “. . . an Australian educated in Europe working for an American law school based in Asia, . . . ”

Chesterman directs the NYU School of Law and National University of Singapore Dual Degree Programme, known informally as NYU@NUS.

In his paper, The Globalisation of Legal Education”  (Singapore Journal of Legal Studies, Forthcoming), Chesterman explains how “law has moved from internationalisation to transnationalisation, and then to globalisation in the space of about a generation each.”

Due to these changes, “. . . faculties will seek ways to ensure that their graduates are both intellectually and culturally flexible, capable of adapting not merely to new laws but to new jurisdictions.  Comparative and international subjects will receive greater emphasis, with comparative and international perspectives also being introduced to a wider range of subjects.”

Chesterman counsels that “at least some international experience will increasingly be seen as essential to the practice of law at the upper echelons . . . ”

His abstract:

This article examines the evolution of legal education as it has moved through international, transnational, and now global paradigms. It explores these paradigms by reference to practice, pedagogy, and research. Internationalisation saw the world as an archipelago of jurisdictions, with a small number of lawyers involved in mediating disputes between jurisdictions or determining which jurisdiction applied; transnationalisation saw the world as a patchwork, with greater need for familiarity across jurisdictions and hence a growth in exchanges and collaborations; globalisation is now seeing the world as a web in more ways than one, with lawyers needing to be comfortable in multiple jurisdictions.

Source:  LSN Legal Education Vol. 5 No. 26,  07/16/2008

Which brings me back to bicycling.  Our alumnus and former international student Markus Wagner is currently on a bicycling odyssey, pedaling from the Black Forest of Germany to the Yellow Sea of China, and spending time with several law school classmates who are sprinkled through the region he is covering.