Comparative Health Law
Prof. Renee M. Landers
This course in Comparative Health Law offers a comparative survey of the way different countries balance various individual and societal interests involved in health law and bioethics. The principal text for the course is Readings in Comparative Health Law and Bioethics (2d ed. 2007 Carolina Acaemic Press) by Timorhy Stolzfus Jost. The book examines: the right to health care; health care organization and finance; the relationship among patients, professionals, and institutions; patient rights to self-determination in reproductive health care and decisions about terminating treatment; patient rights to privacy in health information; public health law, including consideration of social determinants of health and public health issues caused by natural and industrial disasters and war; and regulation of research involving human subjects. The course consider materials from Europe, the United States, Japan, and developing countries. In addition, other supplemental materials will be assigned from time to time and electronic or other versions of those materials will be made available to students.
In this course, students will explore will a subject that is an important and continual focus of public policy. A course in Comparative Health Law is always timely because of the central importance of health to individual fulfillment and the substantial economic contribution the health care sector makes in many regions. In addition, this course aims to tap into the visibility that the topic of health reform has gained in the United States with the passage of the Affordable Care Act in 2010, the efforts to implement the statute, and the continuing legal challenges and attempts to amend the law. A course in Comparative Health Law offers opportunities for U.S. and Swedish students to consider the cultural, political, economic, and demographic differences that influence approaches to health law and policy. For example, a recent petition from a Swedish manufacturer of smokeless tobacco products to the U.S. Food and Drug Administration offers an opportunity to explore the different approaches to regulation of such substances. The public health crisis engendered by the Ebola epidemic also provides an opportunity to examine the capacities of national health systems, international structures for responding, and the technological capacities to protect and improve public health. This course will also consider how the structure and philosophies of legal and regulatory systems influence health care systems and all the institutions and individuals who participate. A subject with which every person has some experience, health law provides rich opportunities for comparative legal and policy analysis and cross-cultural exchange of ideas.
Course Meetings and Evaluation
Class Sessions: Each class will involve a group discussion of the assigned readings or other materials. During some classes, films or portions of films, illustrating cross cultural approaches to health care will be viewed. In addition, the professor plans to arrange for outside speakers from the Lund Law Faculty, and speakers from or visits to organizations such as the Swedish Institute for Health Economics in Lund and the European Regional Office for the World Health Organization in Copenhagen, Denmark.
Class Particpation: Participating in class is part of the learning process for all students and the professor. All students are encouraged to participate actively in class discussions.
Writing Assignments: Course requirements will include two papers due during the second and third weeks of the course based on materials covered during class. Each paper will count for 20% of the course grade.
Take Home Examination: In addition to class participation and the writing assignments, the take home examination distributed at the conclusion of the course. The examination will count for approximately 60% of the course grade.
International Business Transactions
Prof. Christopher Gibson
Lawyers today encounter an increasing number of international legal issues, no matter how and where they practice law. Modern technology, communications and transportation systems , which pervade the various dimensions of our lives — work, education, family and home, entertainment, communication and culture — increase the likelihood that there will be a significant international dimension to our professional work as lawyers. Not only the transnational character of many businesses, even if they are not large, but also the increase in activity by many countries’ governments and regional bodies outside the United States, translates into complexity and new exposure to, or confrontation with, international legal issues. Much of this falls within the sphere of private international law.
This course provides a survey of the law concerning transnational business transactions. Many relevant terms and institutions are discussed. From forming international transactions, to licensing and protection of intellectual property, to considering dispute settlement options, this course surveys many of the legal regimes and issues that will arise. We shift between the nuts-and-bolts of international transactions to look at some of the big picture (macro) issues that are changing the modern economy. We also look at sources of law, including private international law, public international law and mandatory law. Throughout the course, we continue to focus on the appropriate role of the lawyer as she or he works with the client to address their legal and related commercial issues.
Take Home Examination
Comparative Criminal Procedure: The U.S., Sweden and the Right to Privacy
Judge Isaac Borenstein (Ret.), Visiting Lecturer in Law
This course will cover constitutional, civil and human rights concerns, and how both countries address limits on law enforcement investigation, including the law of arrest, stop and frisk, related searches including on grounds of “state security,” confessions and Miranda; a number of other special topics will be part of the material:
- the role of attorneys and judges in plea bargaining;
- sentencing; and
- the right to confrontation of witnesses at trial.
The instructors also will discuss significant proposed changes in criminal law and procedure in Sweden, and relevant proposals in the United States. Cases and legislation will be read and discussed. Students will leave with a knowledge of important areas of substantive law and procedure, with an appreciation of how two democracies approach issues of justice in unique ways.
Take Home Examination
International Intellectual Property
Prof. Leah Chan Grinvald
This course will equip students with the understanding and skills to engage in international intellectual property practice on both public and private international law levels and also provide students with a comparative angle for assessing the issues in international intellectual property law. We will cover a range of topics, including territoriality and national treatment. Of particular interest will be multilateral treaties (such as TRIPS, Paris and Berne Conventions) that frame the substantive rules of international intellectual property law, however, we will also be comparing and contrasting the national adoption of these treaties in a variety of member countries, such as the United States and the European Union. In addition, we will touch upon enforcement issues, both at the international level through the World Trade Organization and national levels through domestic courts and customs authorities.
The Take Home Exam is essay-based.