Gastprofessuren von Helen Hartnell, Golden Gate University, San Francisco

Frau Professorin Helen Hartnell hat an der Golden Gate University School of Law einen Lehrstuhl für Internationales Privatrecht, Rechtsvergleichung und Europarecht inne und forscht aktiv im Bereich des Antidiskriminierungs- und Gleichstellungsrechts. Im Wintersemester 2006/07 lehrte sie am Fachbereich Rechtswissenschaft der Freien Universität Berlin als DAAD-Gastprofessorin für anglo-amerikanisches Recht. Zu einem weiteren Gastlehraufenthalt konnte sie der Fachbereich im Sommersemester 2011 begrüßen.

Vor ihren Gastlehraufenthalten war sie bereits in den 1980er Jahren am Lehrstuhl von Professor Dr. Giesen am Fachbereich Rechtswissenschaft der Freien Universität Berlin tätig.

 

Transnational Litigation
(winter term 2006/07)

This course provides an in-depth introduction to the conduct of civil litigation in U.S. courts, and focuses in particular on special problems that arise and rules that apply when litigation has a transnational dimension.  The course takes a practical approach to the subject, and emphasizes problem-solving as well as strategic analysis of the choices that practicing lawyers must make.  In terms of coverage, the course begins by providing an overview of the dual U.S. court system, then examines the unusually complex preliminary issues of subject matter and personal jurisdiction.  Third, we examine a series of issues related to the forum: the controversial ‘forum non conveniens’ doctrine, which allows courts to refuse to exercise their statutory jurisdiction under certain circumstances; the rules that apply to forum selection clauses; and the problems of simultaneous parallel litigation in multiple fora and the ‘lis pendens’ doctrine.  The fourth group of classes consider three special categories of cases: class actions; human rights cases brought in U.S. courts pursuant to the Alien Tort Claims Act; and claims involving foreign governments under the Foreign Sovereign Immunity Act.  Fifth, we turn to questions pertaining to applicable law, starting with prescriptive jurisdiction and the extraterritorial application of law, and then proceeding to the basic U.S. conflict of laws framework.  The sixth set of issues pertains to taking evidence, in particular ‘discovery’ under the Federal Rules of Civil Procedure.  Seventh and last, we examine the rules applicable to the recognition and enforcement of foreign judgments in U.S. courts.

Class readings consist principally of statutory provisions and cases.  No prior knowledge of U.S. (or other) procedural or conflict of laws rules is assumed.  Comparative perspectives, particularly those drawn from the law of the European Union, will occasionally be integrated into class discussions.

 

Equality and Non-Discrimination Law in the U.S.
(winter term 2006/07)

This course introduces various bodies of law pertaining to concerns about equality and non-discrimination in the U.S.  Since this area of law emerged out of America’s historical encounter with slavery, particular attention is paid at the outset to the special position of race, particularly in the context of the Civil War and the Civil Rights Movement.  Once this historical and overarching analytical framework is in place, we will turn to consider the protection afforded to different groups in American society against discrimination based on gender, sexual orientation, age, or disability.  In addition, we will take a special look at affirmative action, particularly in the context of higher education, and will also look at some of the special features of litigating civil rights cases.  We will also take a more in-depth at sexual harassment in the workplace, as well as at special problems related to sex-based differences, particularly as they play out in the contexts of insurance, athletics, the workplace, and military service.  Finally, we will explore the treatment of religion, and conclude with a look at the regulation of ‘hate speech’.

Class readings consist principally of statutory provisions and cases.  No prior knowledge of U.S. law is assumed.

 

Transnational Litigation
(summer term 2011)

This course provides an in-depth introduction to the conduct of civil litigation in U.S. courts, and focuses in particular on problems that arise and rules that apply when litigation has a transnational dimension. The course takes a practical approach to the subject, and emphasizes problem-solving as well as strategic analysis of the choices that practicing lawyers must make.

In terms of coverage, the course begins by providing an overview of the dual U.S. court system, then examines the complex preliminary issues of subject matter and personal jurisdiction. Third, we examine a series of issues related to the forum: the controversial forum non conveniens doctrine, which allows courts to refuse to exercise their statutory jurisdiction under certain circumstances, and the rules that apply to forum selection clauses. Fourth, we examine the special issues that arise in connection with human rights cases brought in U.S. courts pursuant to the Alien Tort Statute. Fifth, we turn to questions pertaining to applicable law, with an emphasis on the basic U.S. conflict of laws framework. The sixth set of issues pertains to taking evidence, in particular 'pre-trial discovery' under the Federal Rules of Civil Procedure. Finally, we examine the rules on recognition and enforcement of foreign judgments in U.S. courts.

Class readings consist principally of statutory provisions and cases, which will be available in the form of a photocopied reader (Skript). No prior knowledge of U.S. (or other) procedural or conflict of laws rules is assumed. Comparative perspectives, including those drawn from the law of the European Union, will
occasionally be integrated into class discussions.