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ISLAMIC JURISPRUDENCE (2 credits)
This course will introduce the students to the history, sources and methodology of Islamic Law and Jurisprudence (The Shari'ah). The course will use a historical perspective, tracing the development of the Islamic science of jurisprudence and the four "Schools of Law" from the time of the Prophet Muhammad down tot he present day. Topics include: independent legal reasoning; ancient and modern practices of Islamic tribunals and legislatures; the role of the legal treatise in the Islamic legal system; and contemporary issues, including modern banking transactions, freedom of expression, and problems involving Islamic states.
CONSTITUTIONAL REFORM IN THE MIDDLE EAST (2 credits) *
After first considering the historical background to the advent of written constitutions in the post-colonial Middle Eastern states, this course will undertake a comprehensive examination of process of constitutional reform currently taking place in a number of Middle Eastern states. Students will become familiar with the constitutional landscape in at least three Middle Eastern countries. The course will then critically analyze proposals for reform in those countries, comparing them to each other and seeking to discover the jurisprudential, political, social, religious and economic motivators for these proposals. Topics such as gender equality, rights of religious minorities, proposals for electoral reform, elimination of forced labor and other forms of exploitation, and the role of Islam in the future constitutional regimes will be considered and discussed. A number of prominent jurists currently involved in the constitutional reform process will give guest lectures.
INTERNATIONAL ALTERNATIVE DISPUTE RESOLUTION (1 credit) *
This course will examine the critical issues that determine the ways in which countries structure their dispute resolutions systems. By comparing different systems, students will gain a greater understanding of their own system as well as others. The course will analyze and compare a range of dispute resolution processes (such as litigation, negotiation, mediation, and arbitration) and applications to deal with specific types of problems (such as criminal, employment, public policy, family conflicts) in different societies. The course will examine the extent to which various factors such as the history, culture, institutional developments, and legal norms influence the systems for handling of these issues.
A central aim of this course will be to give students an introduction to the principal alternative dispute resolution (ADR) processes used in both the private and public sectors. Students will be tasked to consider what the purpose of a particular process is, where it comes from (historically), how it relates to the formal adjudication system, what its advantages and disadvantages are, and who should decide whether it should be used (client, attorney, judge, other public official, or the general public). The course is designed to build theoretical knowledge, to equip students with an analytical framework useful in determining suitable dispute resolution processes, and to instill practical skills and strategies to enhance effectiveness in setting outside the courtroom. Students will be required to constantly assess the impact that cultural differences, stereotypes and attributions have on key dispute resolution processes, and on conflict generally.
ROUNDTABLE DISCUSSIONS
Roundtable Discussions will occur twice during the program. They may be scheduled in the late afternoon or early evening. Attendance is mandatory. There will also be two field visits to legal institutions. If appropriate, field visits and the Roundtable Discussion will count toward the required class attendance time.
It is unlikely that participation in a foreign summer program may be used to accelerate graduation. A student seeking to accelerate graduation should consult with the Registrar