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
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.
The new China-EU School of Law (CESL) in Beijing was created by a consortium of Chinese and EU institutions, lead by the University of Hamburg and the China University of Political Science and Law. This offers students another opportunity for cross-cultural and international legal education.
Description from the CESL Web site:
By employing comparative approaches of legal studies and bringing international experience of legal education into China, CESL carries its mission to cultivate a new generation of legal professionals who are proficient in both Chinese and international law. CESL offers (1) the program of Chinese Juris Master and LL. M. of EU Law (Master Programs); (2) the Professional Training Program for lawyers, judges and prosecutors and (3) Research and Consultancy Program, i.e. joint training for Ph.D. students.
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.
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.