SCHOOL OF LAW INTERNATIONAL PROGRAMS

  1. Summary
  2. Current Strengths, Goals, and Strategies
  3. Progress To Date
  4. Current International Programs and Activities
  5. Faculty
  6. Proposed New International Programs
  7. Time Frame
  8. Conclusion
  9. Appendices

  • Back To The International Programs Page

    I. SUMMARY

    Tulane Law School offers as broad an array of activities in the international law area as any law school in the United States other than Columbia, Harvard, Michigan, and NYU. The activities involved focus on students, courses and conferences, and scholarship. The students include interested regular J.D. candidates, as well as 17 foreign J.D. candidates, and 55 foreign LL.M. candidates from 28 countries. The programs range from three internationally-focused law reviews to an International Law Students Association that administers an international moot court competition and ran a national conference for over 250 delegates from 40 law schools this fall to semesters abroad and year-long exchange programs to summer foreign internships in law firms in Europe (20 in 1994) to a summer orientation program (for 58, the second largest in the United States) to eight summer schools, seven of them across the Atlantic.

    The activities cover a spectrum of courses and colloquia, including 42 internationally-related courses during the fall and spring semesters (covering subject matters in civil law, admiralty, comparative, and international law), 57 specifically comparative courses in eight foreign summer schools (the largest collection of such schools provided by any United States law school, with the largest attendance), ten overseas conferences conducted over the past eight years in four countries for academics and practitioners on topics such as pollution control, federalism, customary law, European integration, comparative trial procedure, and admiralty, and 13 colloquia since 1981 under the auspices of the Eason-Weinmann Center for Comparative Law that have brought scholars from over 20 foreign countries and 30 other law schools to Tulane.

    These activities are provided in part by Tulane faculty who teach and undertake research in the field of international law at Tulane (nine full-time colleagues this year, three of whom hold endowed chairs, plus five foreign visitors), who analyze foreign constitutions and codes, who provide advice to foreign delegations, who do research projects for the French government, who participate in exchanges with foreign universities, and who appear abroad in our foreign summer schools. Foreign faculty teach here or in our foreign programs or give talks to our faculty and students. We have over 500 living foreign alumni many of whom appear at reunions overseas.

    At the moment, the scope and quality of these activities has outstripped our national reputation in the field. We need to boost the latter to the level of the former.


    II. CURRENT STRENGTHS, GOALS, AND STRATEGIES

    Strengths

    Tulane Law School has been involved in international legal education since the very first day it opened on December 6, 1847, way before there was a strategic plan or Tulane for the New Century. This was an inevitable byproduct of our location in New Orleans, a Spanish-French colony dependent on access to the sea. The opening lecture was by Judge Henry Adams Bullard, an associate justice of the Louisiana Supreme Court, who spoke about the teaching of the civil law, the legal system governing private law matters in Louisiana but not in other states in the United States, although it is nonetheless the dominant legal system in Western and Eastern Europe (excluding Great Britain), Latin and Central America, much of Africa, and the Far East. Tulane Law School then and now offers a privileged opportunity for all students to become familiar with both of the world's great legal systems, the civil as well as the common. Only Tulane enables all of its graduates to be prepared to transcend the confines of the Anglo-American approach and understand the civil rules that govern much of international commerce, an area of law with great growth potential.

    No one is required to learn civil law. Everyone is offered the opportunity to do so. We are not a civil law island isolated from the mainland. Our fortunate situation gives us a special mission and permits us to be a bridge between the common and civil law worlds, linking the most desirable features of both.

    Since the fall of 1991, Tulane has offered a concentration for JD and graduate students in European Legal Practice. Tulane is uniquely situated to train American students to practice law in and with Europe through understanding commercial, corporate, and civil law, international trade regulation, and the European Economic Community's structure and laws. Tulane is the only law school in the country producing significant numbers of lawyers who, as Professor Thanassi Yiannopoulos has said "can speak both languages: the language of the civil law that prevails in Europe and that of the common law that prevails in the rest of the United States" (Newsweek, December 11, 1989). Professor Shael Herman notes that lawyers educated in Louisiana are "trained to think more like European lawyers than lawyers in Texas or Florida" (Newsweek), while Professor Mary Ann Glendon of Harvard, in the New York Times of October 13, 1989 and also in the French paper Liberation of January 12, 1990, points out that "because of their European heritage, lawyers in Louisiana could be in an excellent position to guide other lawyers as well as clients through the new legal territory of Europe." Michael Boskin, Chair of former President George Bush's Council of Economic Advisors, indicated that the lawyers best prepared to deal with the countries of Eastern Europe are those trained in civil law.

    Tulane Law School has the capacity, through its civil, international, and comparative law offerings and faculty, to train students in the tradition, code methodology, vocabulary, concepts, legal literature, and rules with which they must be familiar if their clients want to do business in Europe. Six faculty members are expert civilians. Nearly two-thirds of our existing faculty have already taught or are currently teaching, in New Orleans, Montreal, or in our seven European summer schools, courses that deal with issues of European legal practice. Over a dozen adjuncts in New Orleans and well over 50 in our summer programs have done the same.

    The second lecture was equally appropriate to the modern Tulane Law School and its international emphasis. It was given by federal Judge Theodore McCaleb, a South Carolinian who had studied at Yale and taught admiralty and international law.

    As the 21st century approaches, Tulane remains preeminent in the fields of admiralty and international law. This reflects our proximity to the Port of New Orleans and major oilfields, and the cosmopolitan nature of the city. Tulane "covers the waterfront" with the most extensive plank of admiralty offerings anywhere in this country: 14 courses or sections in 1994-95 in New Orleans plus several more in Greece. Admiralty law essentially involves international contracts and torts issues. Our 1994-95 collection of approximately 100 course offerings in civil, comparative, admiralty, and international law, taught in New Orleans, and in an overseas array of summer school sessions in Canada, England, France, Germany, Greece, Israel, Italy, and the Netherlands, comprises the largest number of such courses made available to students by any law school in the United States. This is more than competitive with the much larger law schools at Columbia and Harvard. These figures encompass our distinctive mini-courses offered for several weeks each semester by foreign professors who, over the course of the past few years, have visited us from Canada, England, France, Germany, Israel, Italy, Japan, Norway, and South Africa.

    International law in a variety of forms (civil, commercial, admiralty, comparative, and public) has been a strength of Tulane Law since its inception. International law is becoming even more crucial to the interests of our students/graduates, which is reflected in its place in our curriculum, the practice horizons of our students, and the interests of many of our faculty expressed in their teaching and scholarship.

    Goals

    Our goals are consistently to reinforce these curriculum and scholarly strengths. We want to attract American students to come to Tulane in order to learn either how to be full-time practitioners of international law (public as well as private) or how to utilize international law concepts and doctrine in their ongoing local practice. We want any student who enrolls to have ample opportunity to take a wide variety of international courses during their three years in New Orleans as well as in any of our summer sessions. We would like to give these students an opportunity to write and edit articles, notes, and comments on international law and to develop programs with students at other law schools focused upon international law.

    We want to attract as well, at the graduate level, students from abroad who have already had an undergraduate education in the law and who would like to compare the American common law with the civil system in their homeland. We would like to attract scholars from around the world to teach as term visitors or to offer mini-courses (one to three week intense programs) or to collaborate with our faculty on research and publication. We would like to have our faculty publish significant pieces in the field and receive offers to teach students and work with law faculties outside of the United States, completing the intellectual exchange.

    Strategies

    We are working to fulfill these goals through an array of predominantly academic activities:

    1. Students

      1. Enrolling law students from foreign countries

        • in the regular JD program or 1.7% of our enrollment (out of 67 applicants)

        • in the LL.M program or 62% of the total of graduate students

        • overall from 28 countries, producing over $1.4 million in tuition revenues and fees

      2. Encouraging students to write about international law in three journals, more than any other law school

        • Our basic student-edited law review, the Tulane Law Review has always been distinguished by its coverage of comparative law topics (53 students participate annually)

        • Our Tulane Journal of International and Comparative Law was inaugurated in 1993, has a staff of 29, and

        • Our Tulane European and Civil Law Forum is devoted to topics related to European, comparative, and civil law. Faculty and students (8) jointly edit this journal, which encourages manuscripts from foreign authors by being flexible about the length of manuscripts and writing style. The Forum has a board of 70 contributing editors from Belgium, France, Germany, Greece, Israel, Italy, Luxembourg, the Netherlands, United Kingdom, and Scotland

      3. Promoting Student Organizations

        • The International Law Students Association (ILSA) has an endowment of its own from Eberhard P. Deutsch and oversees the Jessup Moot Court team competition in international law (the regional championship will be hosted by Tulane in 1995). It sponsors talks by practitioners and academics on international law and careers in the field of international law.

        • In November, 1994 ILSA was the host for the four-day National ILSA Fall Congress. 250-plus students from 40 law schools and four foreign countries participated in a series of meetings on organizational matters and heard speakers from New York, Mexico, the State Department, Louisiana and Tulane discuss international law topics

      4. Allowing students to visit abroad for supervised semesters in their third year

        • One year student was at Glasgow and one at Paris in the fall of 1994, one will be in East Anglia, England in the spring of 1995

      5. Entering into formal student exchange agreements

        • With Paris II (Pantheon-Assas) for graduate students from Paris II coming here in return for our J.D. students going there for one year

      6. Providing foreign (paid and unpaid) internships in foreign law firms to our 2nd year students in the summer

        • In 1994, eight in England (six in London, one in Leeds and Manchester), two in Paris, one in Toulouse, two in Frankfurt, two in Antwerp, two in Vienna, and one in Madrid, Geneva, and Bern or 20 in all

      7. Training foreign graduate students

        • Our summer graduate orientation program for foreign law students is the second largest in the United States (behind Georgetown), lasting for three weeks and 50 hours of classes, encompassing 58 attendees in 1994, including ten faculty, and providing $170,000-plus in revenue

    2. Courses and Conferences

      1. Offering international courses

        • 14 in civil law

        • 14 in admiralty

        • 14 in comparative or international law during the fall and spring semester

        • 57 in comparative law in foreign summer schools (over 65 in 1995)

      2. Organizing and sponsoring conferences overseas

        • Siena in 1980, 1991, and 1993 (on international environmental control in Antartica, comparative federalism, and the dimensions of customary law); Puerto Rico in 1995 (on pollution control); London in 1988, 1989, 1990, 1992 and 1994 (on admiralty and comparative trial procedure) ; Helsinki in 1992 (European integration beyond 1992)

      3. Developing summer schools - See IV-B and Appendix A for data on schools

      4. Conducting annual Eason-Weinmann Colloquia - See IV-A

      5. Providing a certificate in European Legal Practice - See IV-F

    3. Faculty (domestic and foreign)

      1. Hiring professors who teach and write in the international law field

        • five visitors and nine full-time colleagues in 1994-95.

      2. Undertaking international law research - SeeIV-G

        • This year in Estonia with two faculty members

      3. Inviting foreign scholars to work with us - See IV-C and D

        • professors from four countries will teach in 1995 in New Orleans (England, Scotland, Israel, and Canada)

        • professors from eleven countries taught in our 1994 summer schools (Canada, England, Belgium, Scotland, Luxembourg, France, Italy, Germany, Greece, Netherlands, and Israel)

      4. Providing teaching exposure for our faculty in foreign law schools - See Appendix B for list of current faculty who have taught abroad and Appendix C for those who have not

      5. Entertaining delegations of foreign professors, lawyers, and judges

        • in 1994-95 already twelve from Croatia on clinical legal education and five from Egypt on the Louisiana civil code

      6. Organizing federally subsidized formal faculty exchanges through the American Bar Association

        • with Palacky University in Moravia, Czech Republic, Split University in Croatia, Rafael Landivar University in Guatemala)

      7. Offering international law speakers to faculty and Students

        • Professor George Bermann of Columbia and Professor Liudmila Lapteva of Moscow in the fall of 1994; Professor Kostas Kerameus of Athens, Professor Fredrich Juenger of the University of California at Davis, and Professor J. M. Thomson of Glasgow University in the spring of 1995.


    III. PROGRESS TO DATE

    By virtue of its location in the only civil law state in this country, Tulane Law School has always prepared its students to compare the principles of the world's two dominant legal systems - Roman civil law and Anglo-American common law. For more than 147 years, Tulane Law School has developed a reputation for its emphasis upon comparative and international law. In the November 1993 edition of Student Lawyer, the American Bar Association monthly magazine for students, Tulane was placed second on the list of the most comprehensive international law programs among United States law schools

    Tulane is respected in Europe and Latin America, as well as in this country, as a leading comparative law school. How could it be otherwise in the cosmopolitan city of New Orleans, which was controlled over the course of nearly 300 years by the French, Spanish, almost by the British (remember Andrew Jackson and the Battle of New Orleans?), and the Americans (a melting pot of the former ethnic groups plus immigrant waves of Italians, Germans, Irish, Hispanics, Asians, and African-Americans).

    Seventy-seven years ago, Tulane published the first law review in the United States devoted primarily to comparative law. It has evolved into the Tulane Law Review, a national law review distinguished by its coverage of comparative law.

    Tulane has always welcomed law students from throughout the world. Today it has over 500 living alumni practicing in foreign countries. Tulane has one of the six largest graduate programs in the country in which foreign lawyers study the law of the United States. Over the last 30 years, students from over 50 countries have obtained graduate degrees at Tulane.

    Tulane provides as many opportunities to study international law as any law school in the United States. It offers approximately 100 internationally related courses during the fall, spring, and summer sessions in New Orleans and nine sites in eight foreign countries. Many of these courses deal specifically with aspects of international law, among them trade, finance, banking, human rights, taxation, environmental controls, the European Economic Community, transnational litigation and arbitration, continental legal philosophy, and Roman law. Admiralty law, in which Tulane also specializes, affects all nations involved in international shipping transactions and is addressed in 14 courses annually.

    A unique portion of Tulane's curriculum concentrates on the study of the civil law, which is not only the system applicable to private law matters in Louisiana, but also governs most international business transactions. Tulane offers between 12 and 15 courses concentrating on civil law and civil codes every year.

    Many Tulane offerings at home and abroad are comparative in nature, systematically contrasting the law of the United States with the laws of various other countries in the areas of labor relations, sales, contracts, torts, criminal law, local government, evidence, land-use planning, civil procedure, family law, products liability, sex discrimination and employment, and freedom of expression. No other law school consistently offers such an array of courses enabling students to understand the similarities and differences among the world's legal systems.


    IV. CURRENT INTERNATIONAL PROGRAMS AND ACTIVITIES

    1. The Eason-Weinmann Center for Comparative Law

      Tulane's international and comparative law activities have a firm institutional base in the Eason-Weinmann Center for Comparative Law, created through the generosity of John Weinmann, a 1952 graduate of the Law School, and his wife, Virginia Eason. Mr. Weinmann was Chief of Protocol of the United States Department of State and American Ambassador to Finland during the Bush administration.

      The Eason-Weinmann Center for Comparative Law is the successor to the Institute of Comparative Law, established in 1949 through generous grants from the Ford and Rockefeller Foundations. In 1981 John and Virginia (Eason) Weinmann gave a substantial grant to the Center for the purpose of strengthening its activities as well as endowing the Eason-Weinmann Professorship of Comparative Law. The Center serves as a vehicle for enriching the existing programs of Tulane Law School involving countries outside of the United States.

      Professor Athanassios Yiannopoulos is Eason-Weinmann Professor of Comparative Law and the Chairman of the Eason-Weinmann Center for Comparative Law. Assisted by an advisory committee of distinguished comparative law professors from inside and outside of the United States, Professor Yiannopoulos supervises two institutes:

      • The Institute of Comparative Law - This Institute, directed by Professor Thomas Carbonneau, continues the thrust of the original 1949 Institute by handling academic exchanges, symposia, seminars, comparative law scholarship, and other activities designed to enhance Tulane's scholarly reputation in the comparative law area.

      • The Institute of European Legal Practice - This Institute, directed by Professor Lloyd Bonfield, with the input of a broad-based faculty committee, concentrates upon shaping the specialized certificate program in European Legal Practice approved by the faculty in the fall of 1991. It fosters courses for JD and graduate students and expands student employment opportunities in the United States and overseas, during the summer as well as after graduation. This Institute publishes The Tulane European and Civil Law Forum and also generates comparative law and European law scholarship.

      The future of both Institutes and their parent, the Eason Weinmann Center of Comparative Law, is bright. The Center will be one of the most productive and creative parts of Tulane Law School in the years to come. An overview of its past and present activities and future plans reveals why.

      The Colloquia

      Since 1981, the Eason-Weinmann Colloquia have attracted to Tulane well over 120 professors and other participants from over 20 countries and 30 American law schools. Eminent scholars of comparative law have come to Tulane for programs on: The Public Interest in Civil Litigation (1981); Rethinking Tort Law (1982); A Comparative Re-Examination of Labor Law (1983); Comparative Perspectives on Constitutional Law (1984); Reflections on the Civil Law (1985); Unity and Diversity Within the Socialist Legal Family (1986); The Internationalization of Law and Legal Practice (1988); and Lex Mercatoria and Arbitration, the New Law Merchant (1989).

      In November 1988, the Third Journees Juridiques Franco-Americaines, a conference of the American and French Societies for the Study of Comparative Law, was held at Tulane under the Center's auspices with 14 professors from France and 76 professors from the United States. It focused upon modern corporate governance, recent reforms in civil procedure, and the international arbitration of disputes - all from a comparative perspective.

      In the fall of 1990, the Eason-Weinmann Colloquium consisted of a conference on Eastern European Law and Practice, dealing with the reconstruction of public, private, and commercial law and institutions in Czechoslovakia, East Germany, Hungary, Poland, and Yugoslavia. Professors from all of the countries involved were panelists as were representatives of the United States Departments of State and of Commerce.

      In May 1992, the Center helped to host the annual meeting of the Henri Capitant Association of civil law jurists from all over the world. In June 1992, Tulane convened its 10th colloquium in Helsinki, Finland. The colloquium addressed the post-1992 impact of European integration on political authority, the harmonization of private law, environmental regulation, the free movement of persons, and outsides or non-member states in the Nordic region and Eastern Europe. The program involved professors from Tulane and from France, Italy, Finland, Canada, Russia, Lithuania, Yugoslavia, Poland, Rumania, Czechoslovakia, and Estonia.

      In June 1993, the Center held a Colloquium in Siena, in conjunction with the Center for Peace Studies of the University of Siena, on the Dimensions of Customary Law: Past, Present and Future. The chair of this conference was Professor Domenico Maffei of Rome, the most prominent Italian legal historian. Other participants included Italian and French constitutional law judges; Professor Stein of Queen's College, Cambridge; Professor MacFarlane of King's College, Cambridge; Professors Bonfield and Farer from Tulane; Professors Ascheri, Berlingieri, Francioni, and Grottanelli de Santi of Siena; Professor Pisillo of Caligari; and Justice Jennings of the World Court.

      In February 1994, under the auspices of the Eason-Weinmann Center, Tulane hosted a two-day conference on The Harmonization in Transnational Norms and Processes, following a four-day meeting at Tulane of the working group of Unidroit. The conference focused upon the role of Unidroit in the harmonization of arbitration law; aspects of the arbitral trial; duties of good faith and liability for bad faith under the Unidroit principles; gross disparity and unconscionability under the Unidroit principles; and the place of Unidroit principles in non-Western legal traditions. Professors from Australia, Belgium, Brazil, Canada, China, Denmark, France, Germany, Italy, Japan, the Netherlands, Russia, and the United Kingdom, as well as 15 Tulane professors, and some other law schools in the United States chaired sessions and served as reporters, presenters, paper discussants, and panelists.

      In September 1995, the Eason-Weinmann Center plans to hold a two-day conference dedicated to the Roman law roots of the Louisiana legal system dealing with the civil code, jurisprudence, and legal literature. This conference, which will include Tulane faculty, is to be a follow-on to the week-long New Orleans meeting of the International Association for the History of the Laws of Antiquity.

    2. Overseas Summer Schools

      Tulane's concern for international and comparative law and its outreach to foreign scholars peaks in its 13 overseas summer school sessions located in nine sites in eight countries. Tulane offers the largest American Bar Association-approved collection of foreign programs available to law students enrolled in any law school in the United States. They contain the most extensive set of courses available overseas from any American law school (57 in 1994). In 1993-94 our enrollment of 386 exceeded that of the next highest school by 96 percent. The programs underscore Tulane's commitment to international and comparative law and enable students to expand their intellectual perspectives on law.

      Over the past five years, Tulane's programs in France, Germany, Greece, England, Israel, Italy, and The Netherlands have brought Tulane students, students from over 125 other American and foreign law schools, Tulane professors, and other American law school faculty face-to-face in the classroom with over 80 professors from outside the United States as well as prestigious federal and state court judges, including United States Supreme Court Justices Antonin Scalia, Harry Blackmun, and Stephen Breyer. In 1994, the Law School added a new program in Montreal, Canada, in cooperation with McGill University.

    3. International Faculty Exchanges

      Tulane, under the direction of the Eason-Weinmann Center, has professional exchange arrangements in place with the University of Chuo in Tokyo, Japan, the Universities of Hamburg and Regensburg in Germany, and the University of Strasbourg in France that enable Tulane, on a reasonably regular basis, to trade professors for visits ranging from three weeks to a semester. Tulane has sent 11 teachers to Chuo and Regensburg in the past five years and one each to the other sites. In return, professors from those universities have come to New Orleans to teach mini-courses and to lecture. Recently, through the outreach efforts of Professor Robert Force, Tulane's Maritime Law Center has initiated maritime exchanges with the Scandinavian Institute of Maritime Law at the University of Oslo Law School in Norway and the Institute of Maritime Law at the University of Southampton in England. With the aid of an endowment from Jay Altmayer of Mobile, Alabama, Tulane brings an Israeli scholar to teach at the Law School every year.

    4. Courses offered by International Visitors

      We have formal exchange agreements with Hebrew University in Jerusalem. Chuo University in Tokyo, Strasbourg University in France, and Regensburg University in Germany which enable us to receive professors from those schools on an annual basis and send our professors there as well. Our roster of exchanges in recent years follows:

      In 1994-95, Professor William Tetley of McGill University, Montreal, Canada will teach International Conflicts of Maritime Law, Professor Geoffrey Brice, Q.C., will teach Selected Problems in Marine Insurance, Professor Nuala Brice will teach Gender Discrimination in Tort and Property Law, and Professor David Kretzmer of Hebrew University will teach Comparative Criminal Law.

      Recent Minicourses offered by international visitors:

      Roman Law               1991-92 Peter Stein, Regius Professor of
      				Civil Law at Cambridge University
      
      Legal Anthropology      1992-93 Louis Assier-Andrieu, Toulose
      			1992-92 University and Director of
      				Research for the French Ministry
      				of Justice
      
      International           1991-92 Ricardo Pisillo-Mazzeschi, Environmental Law
      				University of Siena, Italy
      
      Israeli Civil Code      1991-92 A. Mordecai Rabello, Hebrew
      				University Law School, Jerusalem
      
      Maritime Salvage Law    1991-94 Geoffrey Brice, British barrister               and leading expert on maritime la
      
      German Constitution     1992-92 Friedhelm Hufen, Dean of the Law                                School, Regensburg University,                                  Germany
      
      Gender Discrimina-      1991-94 Nuala Brice, Solicitor, Supreme
      tion in the tax and             Court, United Kingdom
      laws of England and             Director of the English Legal
      the United States               System
      
      Relationship of         1993-94 Professor Elisabeth Zoller,
      International and               Robert Schuman University,
      Constitutional Law              Strasbourg, France
      
      French Commercial       1992-93 Daniel Tomasin, Professor of Law,
      Code                            France
      
      International           1992-93 Edgar Gold, Professor of Law,
      Maritime Pollution              Dalhousie University, Canada
      
      Jewish Law              1992-93 Shmuel Shilo, Professor of Law
      				Hebrew University, Jerusalem
      
      European Economic       1992-93 Theo Bodewig, Head, US Law
      Community II and                Max Planck Institute for Foreign
      European Obligations:           International Patent, Copyright,
      				Competition Law. Munich, Germany
      
      Fundamental Rights      1993-94 Ernst Pakuscher, Professor of Law, under
      German &                        Regensburg University, former
      American Constitutions          Chief Judge, Federal Patent
      				Munich, Germany
      
      Arab-Israeli            1993-94 Yehuda Blum, Professor Hebrew
      Conflict                        University, Jerusalem
      
    5. Work with Central and Eastern Europe

      In January 1992, Tulane expanded its contacts with Eastern Europe by hosting Oleg Rumyantsev, Chair of the Russian Republic's Constitutional Commission, for several days. He visited Tulane with his staff attorney, Andrei Goldsblat, as part of a one week visit to the United States to consult about the current draft of the Russian Republic's new democratic constitution. In the fall of 1990, New Orleans attorney and 1981 Tulane law graduate, William D'Zurilla, who had clerked on the US Supreme Court for Justice Byron White, had gone to Moscow, with assistance from the Law School to work with Yeltsin and Rumyantsev, a 29-year-old political scientist who became the constitution's chief draftsman and People's Deputy in the Russian Parliament. While at Tulane, Rumyantsev talked with the faculty about whether the new constitution could create a law-abiding state and save Russia from chaos. He also met with students and faculty to review drafts of portions of the constitution.

      Tulane Law School was the first American law school to host the then Vice Dean Helena Krejci of Palacky University in Olomouc, Czechoslavakia. Dean Krejci toured the United States in September 1991 under the sponsorship of CEELI (Central and East European Law Initiative), an ABA project. CEELI brought a large number of Central and East European law deans to the United States for one month to visit three law schools each, gain an understanding of the operations of American legal education as they might help their schools, and establish sister school relationships on a permanent basis.

      In fall 1992, as part of the CEELI Exchange Program, Tulane hosted Dean Ante Caric, Professor of Criminal Law at the University of Split, which was founded in Croatia in 1960. Dean Caric spoke to students as well as faculty and was particularly interested in working with Tulane because of Split's location on the Adriatic coast and its special focus upon maritime law and the law of the sea.

      Eason-Weinmann Professor Yiannopoulos has been responsible for two projects involving Estonia. He chaired a working group to assess the property section of Estonia's 1940 Civil Code and delivered that assessment to the Estonian Ministry of Justice , its Civil Code Drafting Commission, and members of the Estonian Parliament in February 1993. He was joined in the working group by Professors Carbbonneau and Carriere of Tulane, as well as by Professor Friedrich Juenger of the University of California at Davis, who has also served as Visiting Eason-Weinmann Professor at Tulane. Professor Yiannopoulos also worked, with Professors Carbonneau and Juenger, on a concept paper comparing Estonia's Civil Code, the Jisvillseadustik, Shael Herman has also been involved in working on the Estonian Civil Code.

      In May 1993, Dean Kramer attended meetings in Minsk and Moscow with 25 law deans from Russia, Belarus, the Ukraine, Moldova, Kazakhstan, and Kyrgzystan, to law the groundwork for a "sister law school" program that would transmit advice on curriculum, administration, faculty, and library resources to those schools and would enable cooperative relations and further exchanges to be developed. Professor William Lovett will chair the Law School's efforts to expand its CEELI exchanges.

    6. The Certificate Initiative-European Legal Practice

      European Legal Practice

      With 12 European countries creating a single market economy through the European Economic Community in 1992, Tulane inaugurated a program to prepare American law students, at the J.D. and LL.M. levels, to deliver legal services to that economy through a new specialized training program called "European Legal Practice."

      Approved by the faculty in October 1990 and inaugurated in the fall of 1991, the European Legal Practice program is the first comprehensive program in the United States designed to train American law students to practice law in and with Europe. Some foreign schools have begun to develop such specially tailored training programs, but there are no others available in this country. Tulane's approach is a comprehensive one, involving bottom-to-top training ranging from the rudiments of European legal research to civil law tools to the building blocks of European Community law. Tulane is uniquely situated to undertake this project of familiarizing students with the commercial, corporate, and regulatory aspects of law in Europe, encompassing understanding of the various European legal systems (especially those of France, Germany, and Italy, which together govern 200 million people) and the civil law which connects them all.

      Tulane capitalizes on the natural advantage of location in a civil code-dominated state to produce civil code-trained attorneys steeped in the tradition, methodology, vocabulary, concepts, approach, and rules their clients need to rely upon to do business in Europe. The academic goal of the program is to provide a firm educational foundation for students who wish to seek law-related employment in the European Community itself or with United States law firms that perform legal work for clients transacting business with corporations in Community member states.

      The European Legal Practice Program is an elective specialization for J.D. students and an advanced degree for graduate students. By completing and passing 16 hours of required specialized courses within the elective curriculum, J.D. students receive, in addition to the J.D. degree, a certificate of specialization in European Legal Practice that should prove valuable in enabling then to secure legal positions in the field. Thirty-three students received the certificate in May 1993 and 17 did in 1994. Graduate students receive a Master of Comparative Law (Europe) upon successfully completing (by passing) 24 hours of credit in the program.

      The program has three major curriculum components:

      • A broad understanding of European civil law and legal systems - courses build upon basic library training in the use of European materials (the Tulane Law Library has one of the largest such collections in this country). The core courses focus upon an introduction to the history and evolution of the legal system, an introduction to the sources of law in four European jurisdictions (France, Germany, Italy, and the United Kingdom), a generic understanding of civil codes and civilian concepts (how codes, cases, and doctrine interact), and a more specific review of the various trial procedures and forms of organization of the courts and the legal profession in EEC countries. The mandatory courses are European Law and Its Sources (2 credits), French or German Obligations (3 credits) or Obligations I dealing with the Louisiana Civil Code, and one of a variety of perspective comparative law courses, including Comparative Law: Legal Systems and Litigation; Comparative Law; European Legal Systems; Comparative Law; European Legal History; Roman Law; and Historical Introduction to the Anglo-American Common Law (all 3 credits).

      • A review of the problems and opportunities at stake in Europe - courses deal with international sales and business transactions, foreign securities and investments, and licensing and franchising agreements with European countries. The required course is one of our two International Business Transaction courses (3 credits).

      • Knowledge of the European Economic Community's laws and processes - courses focus upon the institutional structure of the EEC, its legislative, executive, and judicial processes, the free movement of goods, services, persons, and capital in the EEC, the regulation of competition, and the important supranational EEC directives and regulations affecting various sectors of the economy and commercial practice in Europe. The required courses are EEC I and II (3 credits each).

      • This 16-credit curriculum of six courses is supplemented by at least 15 electives in place or to be developed, including summer and winter mini-courses and directed research related to European topics.

      While the program at present has no foreign language requirement, basic literacy in at least one European language is likely to prove necessary to master the material as well as to secure employment after receipt of the certificate or degree, Accordingly, the Law School offered French and Italian in both regular and legal formats in 1993-94 and expanded into Legal Spanish and German in 1995.

    7. Research Projects

      Collaborating with the French Ministry of Justice

      The French government, acting through its Ministry of Justice and its Secretariat of the Council of Research (headed by Professor Louis Assier-Andrieu), has agreed to a unique long-term arrangement with Tulane Law School. The French will support a series of research projects by Tulane Law School professors intended to assist in the development of French laws that will comply with EEC directives. Tulane is delighted to be the first American law school asked to work with a Western European government to produce legal material and advice about the content of national law in the context of the EEC.

      This collaborative effort involves close association between France and Louisiana on mutual legal interests affecting France and, through France, Europe. It developed during 1990 as a result of conversations in Paris among Tulane Law professors Lloyd Bonfield and Thomas Carbonneau with Pierre Cellard, Secretary of the Council of Research. These conversations were sparked by personal contacts with Professor Assier-Andrieu of France, head of research at the French Ministry of Justice,who visited Tulane to teach in 1992 and 1993.

      The first project completed was a study of sexual harassment and the various legal methods of controlling and sanctioning it within the family and business, conducted by Professor George Strickler. The goal was to provide the Ministry of Justice's Council of Research with sufficient comparative material to shape legislation for the French Ministry of Labor and the Cabinet secretary concerned with the rights of women.

      The sexual harassment project has led to various other collaborative efforts, including one on the law of trusts, undertaken by Professor Bonfield. The research papers are designed to provide appropriate officials with an understanding of the nature of the impact upon Louisiana's Civil Code (a descendent of the Napoleonic Code 1804) of the intrusions from the English-derived common law that governs the 49 other states. Tulane's role in this endeavor will be to help foster the survival of the French legal tradition. The France-Tulane connection will serve to enhance the utility and meaningfulness of scholarship at Tulane. In addition, the Ministry has hosted several Tulane students as summer interns in Paris.

    8. Subsidized Faculty

      Pursuant to an agreement with the French Universities' French Cultural Services, the Services furnish Tulane with a French professor to teach either European law or French civil law. In the fall of 1992, Professor Daniel Tomasin of Toulouse University I, an expert on insurance, real property, and contracts, inaugurated this rotating "endowed" professorship. So far as we know, this is the first and only instance in which the government of France has funded faculty to teach at an American law school. The program is refunded in 1995.

    9. Alumni Events

      We have sponsored two foreign alumni reunions in Paris in 1992 and 1993 that were well-attended (between 100 and 150 persons each time) with a cocktail party and lunch surrounding talks by the Dean, Professors Palmer and McDougal, Judge John Minor Wisdom, Judge Andrew Moore, and attorney Walter Stuart. A third reunion is being planned for Switzerland in the summer of 1995.


    V. FACULTY

    Tulane's overflowing menu of courses is reinforced by its galaxy of professors. These include three endowed chair holders one in comparative law - the Eason-Weinmann Professor, Thanassi Yiannopoulos, another in international law - the Eberhard P. Duetsch Professor, Gunther Handl of Wayne State as a visitor in the fall of 1994, and a third in maritime law - the Niels F. Johnsen Professor, Robert Force, and foreign professors who come to Tulane for periods ranging from three weeks to a full semester from such universities as McGill in Canada; Beijing in China; Cambridge and Oxford in England; Paris, Toulouse, and Strasbourg in France; Berlin, Munich, and Regensburg in Germany; Athens and Thessaloniki in Greece; Hebrew and Tel-Aviv in Israel; Siena in Italy; and Chuo in Japan

    On the regular faculty in addition to the endowed professorships, Professors Lloyd Bonfield, Thomas Carbonneau, Shael Herman, William Lovett, Suman Naresh, Vernon Palmer, and Joachim Zekoll write in the field and teach internationally-related courses every year.


    VI. PROPOSED NEW INTERNATIONAL PROGRAMS

    Because of the broad spectrum of activities we have already undertaken in conjunction with our student body, course offerings, and faculty, and because of the expense and drain on manpower resources associated with them, absent (1) a significant increase in underwriting of these programs through grants or donations or our ability to utilize our own surplus free from University constraints and (2) an increase in our faculty whose primary scholarly focus is international law, we plan only to tinker with our existing programs rather than dramatically expand them or move in new directions.

    As a symbol of this situation, when the faculty came to review the status of our summer schools this past fall, when confronted with proposals to go to Barcelona (in conjunction with the University of San Diego) and Capetown, South Africa, we undertook to assess the justification of devoting existing resources to these schools (as opposed to other uses for those resources). The faculty effectively determined not to proceed with the Barcelona project and, essentially because of racial politics, put the Capetown proposal into limbo for one year. The clear indication was that the faculty preferred to concentrate the available resources on improving our international reputation among colleagues in other schools through more and better scholarship and conferences/symposia rather than attracting more internationally-oriented students (since we are at the outer edge of our ability to accommodate such students).

    The reputation issue does relate to funding because several years ago, despite the myriad of our activities, we were totally overlooked by the Ford Foundation when it gave, on its own initiative and without application, as many as 15 other schools money for student and faculty exchanges. We are now undertaking a multiplicity of programs, but only as Johnny-come-latelies in the law school world. It will take time for the range of our efforts to be noticed. During that time we plan to beef up our scholarly production, concentrate on bringing more foreign scholars here on a visiting basis, and, perhaps, offer scholarships (as Eason-Weinmann fellows) to the best foreign graduate students who apply. Our ability to provide grants and enter into student exchanges in which our students do not have to pay for a term or year spent in Paris or Brussels because students from the universities our students attend can come here for free may be severely limited unless we do not have to pay full tuition to the University according to the University's books. Thus, if every foreign student coming here will cost us at least $20,000, which is the same amount we lose if one of our students goes abroad for a year, and if the fiscal consequence of a single exchange is a net loss of $40,000 on our books, we cannot afford to indulge in very many without depriving other programs of vital tuition funding. If it is a wash, exchanges will thrive.

    Finally, it is clear that, given the constraints of the interests of our existing faculty, it would be unwise for us to contemplate expanding any activities into Central or South America, Africa, or Asia.


    VII. TIME FRAME

    Not applicable.


    VIII. CONCLUSION

    The Law School's international programs are far-reaching in scope but focused almost exclusively on Western Europe. The Law School should extend its activities to return to its tradition in Central and South America if resources permit, especially the development of faculty who have an interest in that area of the world. Otherwise, the Law School should concentrate upon producing more scholarships in the international vein in order to increase its reputation in the field and highlight the scholarly as well as the entrepreneurial nature of its international endeavors.


    
    
    
    
    

    APPENDIX A

    Faculty Participation in Foreign Summer Schools, 1987-1995
    Addis Jerusalem (1993), Siena (1993)
    Andre Cambridge (1987), Berlin-Director (1991, 1992, 1993, 1994, 1995)
    Barron Cambridge (1987)
    Bonfield Cambridge - Director (1987, 1988, and 1989); Siena-Director (1989, 1990, 1991, 1992, 1993, 1994, 1995)
    Brown Greece (1992), Siena (1994), Montreal (1995)
    Carbonneau Paris (1990), Montreal-Director (1994,1995)
    Carriere Greece (1988), Greece (1995)
    Clayton Greece (1989), Greece (1990), Greece (1992), Paris (1993)
    Collins Cambridge (1988), Siena (1993)
    Combe Greece (1991), Cambridge (1992), Cambridge (1993), Cambridge (1994), Cambridge (1995)
    Couch Cambridge (1987)
    Force Grenoble (1987), Greece (1991)
    Friedman Jerusalem-Director (1987, 1988, 1989, 1990, 1991, 1992, 1993, 1994, 1995); Paris (1989)
    Fuller Cambridge (1987), Greece (1988), Paris (1989)
    Gelfand Cambridge (1988), Cambridge (1989), Cambridge (1991), Helsinki-Director (1992), Amsterdam (1993), Amsterdam (1995)
    Herman Grenoble (1987), Cambridge (1988), Greece (1989), Siena (1990), Paris (1991), Paris (1992), Paris (1993), Berlin (1995)
    Houck Grenoble (1987)
    Krinsky Greece (1987), Greece (1988), Greece (1989)
    Lovett Cambridge (1988), Siena (1989), Helsinki (1992), Montreal (1994)
    McDougal Greece (1987), Cambridge (1988), Greece (1989), Siena (1989), Siena (1990), Cambridge-Director (1991, 1992, 1993, 1994, 1995)
    Naresh Cambridge (1987), Siena (1989), Greece (1990), Berlin (1991), Amsterdam-Director (1993, 1994, 1995)
    Palmer Paris-Director (1989, 1990, 1991, 1992, 1993, 1994, 1995)
    Roberts Cambridge (1989)
    Stick Cambridge (1989)
    Strickler Greece (1988), Jerusalem (1990), Jerusalem (1993)
    Werhan Cambridge (1990), Greece (1992), Siena (1994)
    Wessman Cambridge (1989), Cambridge (1990), Siena (1992), Greece (1995)
    Yiannopoulos Greece-Director (1987, 1988, 1989, 1990, 1991,1992, 1993, 1994, 1995)
    Zekoll Berlin (1993), Greece (1994), Berlin (1995)


    APPENDIX B

    ENROLLMENT IN SUMMER PROGRAMS ABROAD

    Year No. of Programs No. of Students in Attendance No. of Tulane Students in Attendance % of Tulane Students No. of Tulane Professors
    1994 8
    (incl. Montreal)
    311 64 20.6 13
    1993 7
    (incl. Amsterdam)
    339 41 12.1 15
    1992 7
    (incl. Helsinki)
    269 48 17.8 13
    1991 6
    (incl. Berlin)
    207 45 21.7 12
    1990 6 205 71 34.6 16
    1989 5 112 45 40.1 16
    1988 5 73 26 35.6 11
    1987 2 140 51 36.4 16
    1986 4 18 2 11.1 7
    1985 2 97 42 43.2 11
    1984 3 108 34 31.5 12
    1983 2 70 35 50.0 10


    APPENDIX C

    EXISTING PROFESSORS WHO HAVE NEVER TAUGHT ABROAD

      Terry Allbritton
      Alan Childress
      Elizabeth Cole
      Ray Diamond
      Kirsten Engel
      Katherine Federle
      Stephen Griffin
      Jane Johnson
      David Katner
      *Marjorie Kornhauser
      Robert Kuehn
      Glynn Lunney
      *Terry O'Neill
      Brooke Overby
      Daniel Posin
      Ann Woolhandler
    
    *Plan to go in 1995

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