Dublin Study Abroad Program

June 10 to July 1st, 2012

Ireland's membership in the European Union has transformed Dublin from a quaint, provincial capital to a vibrant, sophisticated center. Unique provisions in the Irish Constitution have given the Irish people a direct voice in the development of the European Union. This is an important time to understand the Irish perspective on E.U. membership.

The University of San Francisco summer law program takes place on the picturesque campus of Trinity College. All classes are held at the Aras, a Phiarsaigh Building. Irish faculty teach two of the four courses. Trinity College, which is more than 400 years old, is located on a 35-acre campus in the heart of Dublin. Much of Ireland's history has transpired within or immediately outside the college walls. Trinity's famous library includes The Book of Kells. The campus is within a five-minute walk to the House of Parliament, Dublin Castle, the Abbey Theatre, James Joyce's favorite pubs, and a vast variety of restaurants. Trinity College is ranked among the world's top 50 universities by Times Higher Education world university rankings. Trinity is the only Irish university to be placed within the top 100 world universities.

Courses

European Union Legal Structure and Institutions (Prof. Higgins) This course will introduce students to the legal structure of the EU and its principal institutions. Its overall objective is to provide students with a basic understanding of the key legal parameters of the EU and a comprehensive framework upon which to base future study in this area.

The course is loosely divided into three main sections.  The first section identifies the main sources of EU law, including primary and secondary sources, international agreements and general principles such as proportionality, subsidiarity, legitimate expectations, equality and effectiveness.  The second section outlines the structure of the Council of Ministers, the EU Commission and the European Parliament and analyses the role which each of these institutions plays in the legislative process.   The final section focuses on the structure of the Court of Justice and considers the part it has played in European integration, in particular through the identification of key legal concepts such as supremacy, direct effect and state liability.   It also analyses the Court’s relationship with the other EU institutions, including, in particular, in the context of its judicial review function, and its relationship with the national courts of the Member States.European Human Rights Law (Prof. Cox) This course provides a thorough grounding in the European Convention on Human Rights (ECHR) by placing the document in its broad historical context, and analyzing its scope and range as a human rights instrument.  The course also explores the key principles of interpretation adopted in relation to the different ECHR articles. A detailed, in-depth study of selected ECHR cases will be undertaken and students will be encouraged to articulate their own critical analysis of the case studies. Finally, the course aims to offer practical understanding of the operation of European Convention on Human Rights and the remedies available. Throughout the case studies, the relevance and resonances of ECHR to the US legal system will be explored and analyzed.

ARD in a Transnational Context: Negotiation and Arbitration (Prof. Ontiveros) Negotiation and arbitration are two major ways in which international disputes are resolved. This course will provide an overview of arbitration as a dispute resolution mechanism and then address the major differences between domestic and international arbitration. In addition, after teaching basic skills relating to negotiation, the course will focus on the ways in which these skills must be modified in the transnational context to account for language, cultural and other differences.

International Law in US Courts (Prof. Brown) Over the past several years U.S. Supreme Court Justices Scalia and Breyer have engaged in a vigorous debate on the role of foreign law in U.S. Courts.  This course will examine that debate.  In the course we will discuss the role of foreign law on the interpretation of U.S. law (as opposed to treaties with foreign nations which Scalia acknowledges is appropriate).   The course will focus on U.S. Supreme Court decisions and review of speeches and other public comments by Justices Scalia, Breyer and other justices.

European Human Rights Law (Prof. Cox) Course description to come -

Faculty

Henry Brown, BA (Auburn University), JD (University of San Francisco) - Assistant Professor and Director of Advocacy Programs

As director of advocacy programs at USF, Assistant Professor Brown oversees all advocacy programs, both trial and appellate. He has taught at numerous law schools, including Stanford Law School and UC Berkeley Boalt Hall School of Law. Brown is the co-director of the Western Trial and Deposition Programs offered by the National Institute for Trial Advocacy (NITA) and recipient of NITA's 2009 Hon. Robert Keeton Faculty Award. He has instructed NITA courses for more than 18 years, including public service programs in Africa.

Maria Linda Ontiveros, AB  (UC Berkeley),  MILR (Cornell University),  JD, (Harvard University), JSD (Stanford University) – Professor

Professor Ontiveros focuses her scholarly work on employment law with an emphasis on immigrant workers' rights. She publishes and presents regularly on a variety of related topics, including the history of immigrant workers, workplace harassment of women of color, organized labor, immigrants and the Thirteenth Amendment, and access to education for children of undocumented workers. Ontiveros is co-author of Employment Discrimination Law: Cases and Materials on Equality in the Workplace, and the author of numerous articles and book chapters.  

Neville Cox LL.B., Ph.D. (Trinity College) - Associate Professor at Trinity College

Prof. Cox is a Fellow of Trinity College Dublin and a practising barrister. He is the author of Blasphemy and the Law (2000) and co-author of Sport and the Law (2004). He is also published on a wide variety of topics in law journals and books. He lectures in the areas of tort law, comparative law and sport and the law. He has been a visting professor in the University of San Francisco and in Autumn of 2006 he will be a scholar-in-residence in Washington & Lee University in Virginia. In 2005 he was awarded a Provost's teaching award. He is acting Head of School and Director of the LL.M. degree programs.

Imelda Higgins, B.C.L. (NUI), LL.M. (NUI), Diploma in European Law (Bruges) – Adjunct at Trinity College

Prof. Higgins is a barrister and adjunct lecturer at the Trinity College Dublin School of Law. Prior to being called to the Irish Bar, Imelda worked as a “referendaire” at the Court of Justice of the European Union (the ECJ) in the cabinet of Judge D.A.O. Edward.  As a referendaire, Imelda was responsible for preparing draft judgments, briefing Judge Edward on cases before the ECJ and lecturing visiting groups on EU law.  Imelda also worked for a number of years as a lecturer at the European Institute of Public Administration where she was responsible for training judges and lawyers on EU law.  Imelda has published a number of articles on EU law as well as in a variety of other areas.