Summer Law Program in Madrid SLU LAW

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S U M M E R L AW P R O G R A M IN

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S U M M E R L AW P R O G R A M I N M A D R I D

OUTINGS

SLU LAW offers a six-week, ABA-approved foreign summer program that allows students to take up to six credit hours in international and comparative law courses. The program offers faculty-guided court visits and various other educational and social events. An optional Introduction to Spanish course is offered for interested students at no additional cost.

LEGAL INSTITUTIONS WE HAVE VISITED IN THE RECENT PAST:

The Summer Law Program in Madrid is held on the Madrid campus of Saint Louis University. The campus is located in the northwest section of Madrid near other universities and within a 20-minute subway ride to the city’s historical center. The modern and updated Madrid campus of Saint Louis University is equipped with classrooms, a library, computer labs, and a cafeteria. As the campus is open year-round, students will be able to experience a comfortable and supportive campus atmosphere during their six weeks in Madrid. Staff and faculty speak English fluently and are happy to assist students with their needs. From educational programs to extracurricular activities, students will feel at home in the heart of Spain.

SIDNEY D. WATSON Director, Summer Law Program in Madrid 100 N. Tucker Blvd. St. Louis, MO 63101-1930 T: (314) 977-2751 E: sidney.watson@slu.edu

L AW.SLU.EDU/M A D R I D

IRA H. TRAKO Assistant Director, CICL 100 N. Tucker Blvd., Ste 937 St. Louis, MO 63101-1930 T: (314) 977-2792 E: ira.trako@slu.edu

THE CONSTITUTIONAL COURT OF SPAIN Students will tour the court with Professor Ignacio Borrajo Iniesta and learn about its history and proceedings. CUATRECASAS, GONÇALVES PEREIRA, S.L.P. Students will tour a leading business law firm. MADRID PROVINCIAL AND FELONY TRIAL COURTS Students may observe either a jury trial or a trial presided over by three professional judges. THE NATIONAL COURT OF SPAIN Students may observe trial court cases involving organized crime or terrorism. THE SUPREME COURT OF SPAIN Students may tour the highest regular court in Spain. LEGAL CONFERENCES Students have the option to attend the ABA Section of International Law Europe Forum.


COURSE DESCRIPTIONS Course titles and descriptions are accurate as of publication time but are subject to change pending full faculty approval.

EUROPEAN HUMAN RIGHTS LAW

PROFESSOR IGNACIO BORRAJO INIESTA (2 Credits)

This course provides an overview of the protection of civil and political rights in Europe, including those protected by both the European Convention on Human Rights and European Union law. It will focus on recent developments, including the Lisbon Treaty (effective December 2009) and the situation of new and old democracies since the fall of the Berlin Wall in 1989. It will also examine the case law of the European Court of Human Rights and the Court of Justice of the European Union. Some selected areas shall be emphasized, such as the right to life and physical integrity, international migrations, and linguistic, religious and cultural pluralism. GLOBAL HEALTH LAW

PROFESSOR SIDNEY D. WATSON (2 Credits)

Health has been forced onto the global political and legal agendas by a series of challenging problems, including the HIV/AIDS epidemic, pandemic influenza, newly emerging infectious diseases from Ebola to SARS, malnutrition

coupled with obesity, the abuse of drugs, tobacco and alcohol, and major health inequalities between rich and poor. These problems have also broadened perceptions of global health law as a field, from its traditional focus on cross-border infections to an area that involves issues of security, development, justice and human rights. In response, an innovative system of global health law and governance is emerging. This system includes a growing body of treaties, regulations and “soft law,” implemented by institutions such as the World Health and World Trade Organizations. Private actors — NGOs such as Doctors Without Borders, drug and tobacco companies, donors such as the Gates Foundation — and public-private partnerships, such as the Global Fund for AIDS, TB and Malaria, have also become essential players. Yet many of these actors have very different visions of global health and the nature of health problems, leading to sharp divisions over priorities and strategies. This course will introduce the major actors, institutions and legal arrangements in global health. It will also consider hotly contested global health issues, including controlling the international spread of infectious disease, making basic health care and public health services available to all, defining a human right to health, financing health programs, providing access to patented drugs, and regulating the abuse of tobacco and alcohol. The course will emphasize the role of partnerships and other institutional innovations in promoting global health and as a model for addressing other global challenges through a series of interactive case studies and simulations. INFORMATION PRIVACY LAW IN THE EUROPEAN UNION

PROFESSOR MATTHEW BODIE (1 Credit)

Advances in computing and communication have

transformed our capacities to collect, store, use, and disclose information. While these changes have enabled great leaps in technological advancement, they have also created new vulnerabilities for our personal privacy, particularly as to healthcare records, personnel files, consumer activity, and geolocation data. Information privacy — also called data protection — endeavors to protect personal information and enforce an individual’s privacy preferences. The European Union has long been the global leader in data protection. The 1995 EU Data Protection Directive created the world’s most comprehensive set of regulations for the collection, processing, and distribution of personal data. Numerous cases from individual countries’ judiciaries, as well as the Court of Justice of the European Union (CJEU), have fleshed out these provisions in changing and expansive ways, such as the “right to be forgotten” by web search engines. In 2016, the EU voted to supplant the 1995 Directive with the General Data Protection Regulation (GDPR). This new law follows the structure of the Directive but also changes important features such as the definition of consent, the standards for notification of a security breach, and the requirement of internal “data protection officers” within organizations. The GDPR takes effect in 2018, which makes this upcoming year a terrific time for the study of EU information privacy law. This course will provide a background understanding of the EU’s foundational data protection laws and many of the important decisions that have arisen under the Directive. At the same time, it will look forward to the GDPR to anticipate the changes that will affect companies, governments, and people doing business within the EU. Special attention will be paid to the GDPR regulations for personal health data, biomedical research, and employment files.


INTERNATIONAL REFUGEE LAW AND GLOBAL MIGRATION

PROFESSOR SUSAN W. MCGRAUGH (1 Credit)

According to the United Nations High Commissioner for Refugees, the UN’s refugee agency, reaching Spain is a goal for many refugees seeking protection and asylum in Europe. As of December 2014, there were more than 15,000 refugees and asylum seekers in Spain. In recent years, Spain has experienced massive numbers of refugees at times, including more than 30,000 from Africa in 2006. The vestiges of that mass migration remain in Madrid and throughout Spain, as the large number of refugee assistance NGOs confirms. This course will provide the opportunity to explore refugee law both historically and in the context of the continuing refugee crisis worldwide. Students will examine the 1951 Convention relating to the Status of Refugees, as well as related international law instruments. Students will also discuss United States laws on refugees and asylum seekers in an effort to compare and contrast the bodies of law. Special attention will be given to the experience of the refugee, especially the increased risk of negative health outcomes due to trauma and a lack of medical care in refugee settlements. INTERNATIONAL SALE OF GOODS

DEAN WILLIAM P. JOHNSON (1 Credit)

In today’s global marketplace, small and large businesses

alike routinely engage in the cross-border purchase or sale of raw materials, supplies, equipment and finished goods. Every commercial lawyer must be prepared to counsel clients on sales transactions across national borders. This course will help you get there. It covers a variety of issues that arise when contracting parties have their places

of business in different countries or the goods that are the subject of the transaction cross at least one national border. The main focus is the United Nations Convention on Contracts for the International Sale of Goods (CISG), an important body of international sales law in effect in the United States, in Spain, and for most significant U.S. trading partners. We will look carefully at important provisions of the CISG, while considering the many different roles played by a commercial lawyer at various stages of an international sales transaction. INTRODUCTION TO THE CIVIL LAW SYSTEM

PROFESSOR JAVIER MARTÍNEZ-TORRÓN (1 Credit)

This course provides an introduction to the civil law tradition as it has developed in today’s continental European and Latin-American legal systems. The aim is to help American students understand the language and concepts of the other major legal tradition in the Western culture, together with the common law. Students will be introduced to historical sources of the civil law tradition, and will gain an understanding of how and why the tradition of codified law developed on the European continent and Latin America in contrast to the common law tradition in England and the United States. The basic structure, principles and jurisprudence of the civil law systems will be explored and compared to those of the common law, leading the student to appreciate the strengths and weaknesses of both traditions. Students will also study the areas in which trends toward convergence or divergence of civil law and common law can be identified, and the questions they raise in the context of the European unification process. Particular attention will be given to the development of the civil law tradition in Spain, as well as to EU legal institutions. The course will not presuppose any knowledge of the civil law tradition or comparative law.

INTRODUCTION TO SPANISH

PROFESSOR JULIO LASARTE (No Credit)

This non-credit, hour-long introductory Spanish language class will be held every Monday through Thursday. It will not conflict with other classes. PROTECTING RIGHTS IN NEW DEMOCRACIES

PROFESSOR LORENA BACHMAIER WINTER (1 Credit)

Due process of law has a bearing on the structure of the State itself and, indirectly, on constitutional principles beyond the protection of individual rights. In this course, students will examine the procedural and substantive due process rights in Europe, and in so doing, will better understand the European legal culture and its administration of justice. How are those rights that are enshrined in the Fifth and Fourteenth Amendments of the U.S. Constitution understood in Europe? To explore that question, this course will focus on the following issues: the independence and impartiality of judges, the concept of fair trial (in administrative, civil and criminal proceedings), the right to be heard, the right to have an effective remedy against violations of rights, the meaning of witness crossexamination, and the scope of the ne bis in idem — all to be addressed in a transnational setting from a comparative point of view. The European Convention of Human Rights and the case law of the European Court of Human Rights play an essential role in defining due process in Europe, a role that has been recognized in the Charter of Fundamental Rights of the European Union. Although the European Union is far from being a federal system, the definition of a common concept of due process enables recognition of common features in all national legal systems.


INTERNSHIP OPPORTUNITIES ABROAD There is a comfortable, familial feeling about working at Mason Hayes and I received valuable feedback through my work here [in Dublin]. ...This experience has helped me grow personally and professionally, and I wouldn’t trade it for the world. Sláinte!”

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ALEXA H I L L E RY ( ’ 1 7)

2 01 5 S UM ME R L AW P R O GR AM I N M A D R I D PA RTIC IPA N T; I N T E R N AT MASO N HAYE S & C U R R A N I N DUB L IN , IR E LA ND

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Those who are interested in interning in a legal institution outside the United States during or after the Madrid Program should contact Program Director Prof. Sidney D. Watson. In the recent past, students have interned in various business law firms and non-for-profit organizations in Europe, including: Aeroiuris Abogados, Madrid, Spain Bernard-Hertz-Béjot, Paris, France JAUSAS Legal, Barcelona, Spain Mason Hayes & Curran, Dublin, Ireland Reprieve, London, United Kingdom


ACADEMIC SCHEDULE TUESDAY, APRIL 10 n Noon - 1 p.m.: Mandatory pre-departure meeting (non-SLU students must contact Sidney D. Watson for a pre-departure phone conference by this date) FRIDAY, APRIL 20 n Financial aid requests due to Jessica Seavers, Assistant Director, Student Financial Services & Financial Education SUNDAY, MAY 20 n Latest date by which students should arrive in Madrid MONDAY, MAY 21 n 9 a.m.: Orientation at SLU Madrid campus MONDAY, MAY 21 — FRIDAY, MAY 25 n Classes held FRIDAY, MAY 25 n Last day to withdraw from classes with 100% tuition refund MONDAY, MAY 28 — THURSDAY, MAY 31 n Classes held FRIDAY, JUNE 1 n No classes

MONDAY, JUNE 4 — FRIDAY, JUNE 8 n Classes held MONDAY, JUNE 11 — TUESDAY, JUNE 12 n No classes n 2018 ABA Section of International Law Europe Forum WEDNESDAY, JUNE 13 — FRIDAY, JUNE 15 n Classes held MONDAY, JUNE 18 — FRIDAY, JUNE 22 n Classes held

From a legal standpoint, I have been able to increase my experience with drafting and preparing commercial transactional documents while observing the different negotiation strategies and tactics that take place in different jurisdictions and cultures.”

MONDAY, JUNE 25 — THURSDAY, JUNE 28 n Classes held THURSDAY, JUNE 28 n Final day of classes FRIDAY, JUNE 29 n Reading and review day SATURDAY, JUNE 30 — MONDAY, JULY 2 n Final exam period (exams will be self-scheduled) n

T YL E R W I NN ( ’1 6)

2 01 5 S U M M E R LAW PR O G R A M I N M A D R I D PA RT I C I PA N T; I N T E R N AT B E R N A R D - H E RTZBÉ J OT, FR A N C E

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FACULTY

LORENA B ACHMAI ER WI N T ER Professor J.D., Complutense University of Madrid; M.A., Complutense University; J.S.D., Complutense University

Professor Bachmaier Winter has been a professor of the faculty of law at Complutense University since 1996, where she teaches both criminal and civil procedure. She has written extensively on the subject of procedure and lectured in universities and governmental agencies in Europe and Latin America. She is a member of the Spanish Royal Academy of Jurisprudence and Legislation and the Ibero-American Association of Procedural Law and has consulted for Spain’s Ministry of Justice. Over the years she has been a fellow at the Alexander von Humboldt Foundation and a visiting scholar in the Max-Planck Institute for Foreign and International Criminal Law (Freiburg, Germany), the University of California-Berkeley and Harvard University. Her comparative legal studies are focused on human rights and procedure, international judicial cooperation, comparative law and the EU process of legal harmonization.

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M ATT H EW B ODIE

Callis Family Professor of Law Co-Director, William C. Wefel Center for Employment Law Director, Master of Science in Human Resources Law Program J.D., Harvard Law School; LL.M. (Labor and Employment Law), New York University School of Law; B.A., Princeton University

Matthew Bodie is the Callis Family Professor at Saint Louis University School of Law and co-director of the Wefel Center for Employment Law. He teaches and writes on corporate, contract, privacy, employment, and labor law subjects. Professor Bodie graduated from Princeton University and Harvard Law School, where he was an editor and social chair of the Harvard Law Review. He served as a law clerk to Judge M. Blane Michael of the U.S. Court of Appeals for the Fourth Circuit and as a field attorney at the National Labor Relations Board. As a Reporter for the American Law Institute’s Restatement of Employment Law (2015), he was the primary author for the chapter on employee privacy and autonomy. His opinion pieces have been published in the New York Times, the St. Louis Post-Dispatch, U.S. News & World Report, and Quartz, and he has been quoted in publications such as the New York Times, the Los Angeles Times, and The New Republic. He is a Research Fellow at New York University’s Center for Labor and Employment Law and has taught at Harvard Law School, Hofstra University School of Law, NYU Law School, and Notre Dame Law School.

I GNACI O B ORRAJ O I NI ESTA Professor, Constitutional Court of Spain J.D., Complutense University of Madrid; Doctor in Law, Complutense University of Madrid; LL.M., Harvard Law School

Professor Borrajo Iniesta was an associate professor of law at the Complutense University in Madrid from 1984 to 1989 and was appointed a full professor of law at the University of Navarra, where he taught from 1993 to 1995. He has also lectured at the Sorbonne in Paris, the European University in Florence, Italy, the Academy of European Public Law in Spetses, Greece, and at the College of William and Mary, both in Virginia and as part of its summer program. He is currently senior staff attorney at the Constitutional Court of Spain in Madrid, where he also teaches at the University Institute Ortega y Gasset. He has collaborated as an expert with the Council of Europe in the fields of human rights and the rule of law, and he has published widely in the areas of constitutional and administrative law, European Community law, due process and other public law subjects.

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W ILL I AM P. J OHN S ON Dean and Professor J.D., University of Michigan Law School; B.A., University of Minnesota

William P. Johnson is dean of Saint Louis University School of Law. He is a former director of Saint Louis University Summer Law Program in Madrid and also served for four years as director for the Center for International and Comparative Law. Dean Johnson teaches commercial law and international business law courses at Saint Louis University and has also taught law courses at Bucerius Law School in Hamburg, Germany, and Vytatutas Magnus University in Kaunas, Lithuania, and has given guest lectures in Budapest, Hungary. Before becoming a law professor, Dean Johnson spent six years in private practice as a transactional lawyer in the business law department of Foley & Lardner LLP, where he focused his practice on cross-border business transactions. He remains engaged with the practice community through his active involvement in the ABA Section of International Law. Dean Johnson’s research is in the areas of commercial law and international law and practice. He has written extensively on the United Nations Convention on Contracts for the International Sale of Goods, publishing his work in the United States, Turkey and Brazil.

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JAVI ER MARTÍ NEZ-TORRÓ N

Professor J.D., University of Granada; J.C.L., University of Navarra; J.S.D., University of Navarra; J.C.D., University of Navarra

Professor Martínez-Torrón has been a professor of law (Catedrático) at Complutense University of Madrid since 2000. Formerly a professor at the University of Granada (1993 — 2000), his teaching areas are comparative law, law and religion and marriage. In these areas he has published extensively in 23 countries and 12 languages. He has lectured and done research at numerous universities in Europe, America and Asia (including U.S. universities such as the University of Chicago, Columbia University, University of California-Berkeley, Harvard University and Stanford University, among others). Co-founder of the Spanish Association of Comparative Law, he is also a member of the International Academy of Comparative Law, vice president of the Law-and-Religion section of the Spanish Royal Academy of Jurisprudence and Legislation, and Honorary Foreign Member of the National Academy of Law and Social Sciences of Cordoba, Argentina. He has been an expert member of consultative bodies on human rights in OSCE/ODIHR and in the Spanish Ministry of Justice, and has collaborated with the National Commission on Human Rights of Mexico.


S U SAN M CG RAUGH

Professor Supervisor, Criminal Defense Clinic J.D., Washington University in St. Louis School of Law; B.A., Drake University

Professor Susan McGraugh spent two years at a small firm before joining the Missouri State Public Defender’s Office in St. Louis in 1990. She served as a trial attorney representing indigent, homeless and mentally ill clients charged with criminal offenses. She also worked in the Office’s Capital Defense Unit. Professor McGraugh wrote and argued criminal appeals in the Eastern, Western and Southern Districts of Missouri. After eight years with the Public Defender’s Office, she joined Legal Services of Eastern Missouri and created the Legal Services Clinic at St. Patrick’s Center, a resource agency for homeless individuals and families — in particular those with mental illnesses and chemical dependencies. In 1999, Professor McGraugh continued her policy and advocacy work with the St. Louis Archdiocesan Human Rights Office as director of its Restorative Justice Program. In that capacity, she advocated for the end of the death penalty and helped with the drafting and passage of legislation prohibiting the execution of mentally retarded criminal defendants. Concurrently, she served as a provisional municipal judge in St. Louis City. Since joining the School of Law full time in 2003, Professor McGraugh has directed the Criminal Clinic’s intern and externships.

SI DNEY D. WATSO N Jane and Bruce Robert Professor J.D., Harvard Law School; B.A., University of Southwestern Louisiana

Professor Watson teaches in the nationally ranked Saint Louis University School of Law Center for Health Law Studies and also holds an appointment in the university’s College for Public Health and Social Justice. Professor Watson is a nationally recognized expert in health justice. She is a former legal services lawyer whose research focuses on issues relating to access to health care for the poor, racial and ethnic minorities, people with disabilities, and other disenfranchised groups. She has authored more than 50 law review articles and other publications, including recent articles on health reform, racial disparities, Medicaid, and rural health care. She is editor of the book Representing the Poor and Homeless: Innovations in Advocacy and the author of two books: An Advocate’s Guide to Missouri MC+/Medicaid for People with Disabilities and A Georgia Advocate’s Guide to Health Care. Professor Watson is the recipient of the American Society of Law, Medicine and Ethics Jay Healey Health Law Professor of the Year Award.

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APPLICATION CHECKLIST

Visit law.slu.edu/madrid to apply.

c Complete the application at law.slu.edu/madrid. Space is limited; early registration (by Jan. 26, 2018) is advised. There is a $300 discount for anyone who applies by the early registration date. c Submit all information online by March 19, 2018. c Receive Information Packet and invitation to participate from SLU LAW if your application is approved. c Submit a non-refundable deposit fee of $120 made payable to Saint Louis University by March 19, 2018. The $120 deposit fee will be credited toward international health insurance. c Copy of financial aid request must be submitted by April 20, 2018.

Your registration will not be complete until SLU LAW receives your completed application and the deposit fee. Mail or bring $120 deposit checks by March 19, 2018 to: IRA H. TRAKO Saint Louis University School of Law 100 N. Tucker Blvd., Ste. 937 St. Louis, MO 63101-1930 T: (314) 977-2792 F: (314) 977-3332 E: Ira.Trako@slu.edu

DEADLINES

Space is limited; early registration (by Jan. 26, 2018) is advised. There is a $300 discount for anyone who applies by the early registration date.

March 19, 2018: Application deadline

March 19, 2018: $120 deposit fee due

April 20, 2018: Financial aid request must be submitted to Jessica Seavers, Assistant Director of Student Financial Services & Financial Education

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KEY INFORMATION KEY INFORMATION

share a room at a residence with another law student or SLU Madrid graduate student and receive: n Wireless

ELIGIBILITY This program is an ABA-approved foreign summer program in law. All law students enrolled in U.S. law schools who are in good standing and have completed their first year of law school are eligible to apply. In addition, law students currently enrolled in, as well as recent graduates of, law programs outside the United States are welcome to apply for the program. In each case, the student must be in good standing. If you are unsure of your eligibility, please contact the director of the summer law program for clarification. TUITION, BOOKS AND FEES n Six-week

program: $5,000 estimated

n Books

and course handouts included with tuition

n Travel

costs and personal expenses not included

n The

$120 registration fee will be credited toward international health insurance.

PROGRAM HOUSING OPTIONS Madrid Family Housing The SLU Madrid campus contracts with local residents to house students during the six weeks for approximately €1,500. For this price students will

DSL access

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Weekly laundry service

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Limited kitchen privileges (food and meals are the responsibility of the student)

Students living with a family must respect the living environment, which is quiet and tranquil. You may come and go as you please. However, you are expected to follow common courtesies and not disturb others after hours. Students should ask permission to bring visitors into the residence. Illegal substances are prohibited and overnight guests are not allowed. Apartment Housing Many online rental agencies have proven useful to students in the past. CAMPUS LOCATION The campus is situated in the pleasant university area of northwest Madrid. The closest metro station to SLU Madrid’s campus is Guzmán el Bueno. PROGRAM CANCELLATION SLU LAW reserves the right to alter or cancel this program. Cancellation would occur if there is insufficient enrollment or unanticipated international events that have the potential to affect participants’ safety and/or inhibit program administration.

If cancellation becomes necessary and occurs after a deposit has been paid, the program director will make her best effort to make arrangements for each student enrolled to attend a similar program, if the student desires. If the program is canceled, all money advanced by the student shall be refunded within 20 days of cancellation. CLASS ATTENDANCE POLICY Regular and punctual class attendance is required during the Summer Law Program in Madrid. If a student misses more than three hours of a course without a valid excuse, he or she will be dropped from that course. DISABILITY AND ACADEMIC ACCOMMODATIONS SLU LAW is committed to diversity through accessible programs, services and an inclusive campus environment. If you anticipate or experience any barriers to inclusion, please contact the disability services coordinator, Shannon Morse, Assistant Dean of Student Activities and Leadership, at shannon. morse@slu.edu, or by phone at 1-314-977-2728. Confidentiality will be observed in all inquiries. For more information on the extent to which the country, city, and facilities are accessible to individuals with disabilities, please contact Ira H. Trako, Assistant Director for the Center of International and Comparative Law, at ira.trako@slu.edu.


STUDY

ABROAD

BUILD A GLOBAL

NETWORK

EXPLORE

MADRID

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