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258 Special Lecture and Seminar (Foreign Law Special Seminar I) 特別講義演習(外国法特別演習Ⅰ)

[Lecture Course Basic Information]

Lecturer: Fujimoto
Other Lecturers: Sarah Cravens (U of Akron)
Course Type: Seminar
Semester: Summer Intensive
Year: 2019
Course Periods: 7/29-8/9 (7/29-8/7 Nagoya ALEP Lecture room 2, 8/8,8/9 skype feed from Tokyo) 
Credits: 2
Whether mandatory or not: not
Classroom: ALEP Lecture Room 2

 

Outline of Lecture Course

This course gives an overview of essential global issues in the field of Tort Law.  The course begins with an overview of the trajectory of the course and a basic introduction of the comparison of the different major systems of Tort Law around the world.  We kick start the specifics of the course with a guest lecture from an expert in Medical Malpractice law in Japan as well as a visit to the Supreme Court of Japan, which affords an opportunity to talk about some differences in systems of civil litigation, courts, juries and so on, around the globe and particularly between Japan and the U.S. 

The course moves on to a grounding in substantive law, looking first at comparisons relating to the law of accidents/negligence, and immediately revealing the complications of International Law by looking at this through the lens of the Warsaw Convention.  After the initial international comparison to the substantive law on negligence (which also includes a look at common law and civil law comparisons on duties to rescue), we proceed to other comparisons, including parental liability, products liability, and a variety of Torts that in various ways implicate dignitary issues (insult, privacy, defamation).

              The course moves on to a look at the effect of statutes that attempt cross-border influence, either on tortious conduct abroad that affects a country's own nationals or entities, or on tortious conduct on a country's own soil that may involve conduct by another country's nationals or entities.  We discuss as well some of the issues and implications for the shaping of tort law around the globe as a matter of some of the realities of process and major issues at stake in international civil litigation. 

              In the last section of the course, the focus turns to issues specific to the practice of cross-border tort litigation. Using recent high profile examples, the class will study relevant topics such as conflicts of laws, distinctions in the availability of particular remedies, and the differences in the structures and sources of attorneys' fees, and how all of those play into the litigation of Torts issues around the globe.

Course Objectives

The objectives of the course are for students to be able to:

  • (1) demonstrate a basic working knowledge and understanding of the essential substantive law of Torts in the international and comparative areas outlined above, such that they have at least a starting point for practice in (a) knowing what their clients may or may not pursue and defend as legitimate claims and (b) recognizing the major issues likely to arise in international tort litigation;
  • (2) apply their substantive knowledge to think both practically and ethically in context about Tort law issues from an international comparative perspective; and
  • (3) enhance their skills for relevant fact-gathering in the context of both critical and normative analysis of global Tort law issues.
Textbooks The required textbook for this class is Julie A. Davies & Paul T. Hayden, Global Issues in Tort Law (Thomson West 2008) (ISBN: 978-0-314-16759-0).  Other required materials will be provided electronically.  These will all be posted on Springboard and available in advance of the course as well as during the course.  If you prefer to read in hard copy, I recommend that you print these materials before leaving the U.S.
Course Materials/Supplementaries Circulate through the CANVAS system.
Assessment   40% of your grade is based on class participation. (That is described above under Class Participation.) The remaining 60% of your grade will be based on an open-book, open-note final examination. Your final examination will consist of two essay questions covering topics discussed during the course. The full range of course material/coverage will be up for testing on the final examination. The essay questions will be graded on the basis of showing accurate knowledge of relevant substantive doctrine (that is, the black letter law assigned for the course); thoroughness and depth of analysis provided in response to the specific call of the question; understanding of practical and ethical aspects of scenarios in question (where applicable); and following exam instructions.
The exam will be available for a 24 hour period. It is designed as a two-hour exam, but I will give you a 24-hour period in order to allow you to take your time, look at your materials, edit your writing to make it clearer, etc. As a guideline, my recommendation would be still that you spend no more than an elapsed six hours on it at the very outside, including pondering the questions, looking over your notes, editing what you have written, etc. I will set a word/page limit on your answers, as you will see in the instructions. You will submit your exam essays by email to Misty Franklin, using anonymous Exam ID numbers which will be assigned to you in advance. They will then be sent back to me in a packet so they will remain entirely anonymous. You will receive all of the instructions for the exam process in the second week of our course.


Prerequisites

Appropriate for any student who has completed a first year law school Torts course.

Instructions for Out-of-Class Study *
Responding to Student Questions *
Other Notes

updated syllabus and reading materials will be  available soon.

For those who want the credits of this lecture, taking final examination is required. 

 

Lecture Theme Lecture Course Description Learning outside the class Related page
1 Introduction/Overview(Fujimoto, Cravens)
2 Medical Malpractice in Japan(Cravens)
3 Courts, Judges, Juries, and Civil Litigation in Japan(Cravens)
4 Comparison of Systems of Tort Litigation(Cravens)
5 Warsaw Convention / General Global Comparisons on Law of Accident / Intro to Relevance of International Law(Cravens)
6 Nonfeasance and the Duty to Rescue (Common Law & Civil Law Approaches)(Cravens)
7 Liability of Parents and Children(Cravens)
8 Global/Comparative Products Liability(Cravens) for those who want creddits, take-home final examination is required!
9 Global/Comparative Products Liability (cont'd)(Cravens)
10 Dignitary Distinctions: Discussion of Variation in Insult/Privacy/Defamation Law(Cravens)
11 Alien Tort Statute(Cravens)
12 Anti-Terrorism Act(Cravens)
13 Foreign Sovereign Immunities Act(Cravens)
14 Global Tort Litigation in Context(Cravens)
15 Current Cross-Border Tort Litigation(Cravens)

※Students who wish to enroll as a member should access the URL below.
Log in using the Nagoya University ID and password, and click on "Enroll in Course".

https://canvas.law.nagoya-u.ac.jp/enroll/RN7YBL

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