Gastprofessur von Richard Hyland, Rutgers School of Law, New Jersey

Professor Richard Hyland von der Rutgers School of Law (New Jersey) ist Experte für Rechtsvergleichung und wurde an seiner Heimatuniversität mit zwei "Teaching Excellence Awards" und dem Titel "Outstanding Professor of the Year" ausgezeichnet. Seine akademische Laufbahn führte ihn bereits an Universitäten in Paris, Barcelona, Kyoto, Tokio und Peking. Im Sommersemester 2004 unterrichtete er im Rahmen einer DAAD-Gastprofessur für anglo-amerikanisches Recht am Fachbereich Rechtswissenschaft der Freien Universität Berlin die folgenden Kurse:

 

The Five Most Important Books in the Common Law

This seminar will discuss five classic books, all once given as lectures, that have made the American private law what it is today. The readings will include Maitland, The Forms of Action at Common Law; Blackstone, Introduction to the Commentaries on the Laws of England; Holmes, The Common Law; Llewellyn, Bramble Bush; and Gilmore, the Death of Contract. If time permits, we’ll also discuss Fisher, Getting to Yes. The focus will be on reading and discussion. Though a paper will be required, the form is not limited to that of the typical Referat.

 

Student Evaluations:
„The readings were fascinating and challenging.“
“Professor Hyland was very accessible outside the class and created a comfor­table environment for class discussion.”
“I have never seen such a professor who is so good at encouraging the students.”
“It was great to discover the relationship between law, society and morality.”
“The great difference to many other courses is that Professor Hyland’s course made the students think.”
“This course was for me an opportunity to change and to improve my method of studying the law: to go deeper into the substance and to (…) look behind the system. It also allowed me to understand my own law system in a better way.”
“This course will help my further studies.”
„The course itself is great and so is Professor Hyland. I wish I had more opportunities to attend Professor Hyland’s other classes.”

 

The Uniform Commercial Code

This course examines the substance and the method of American private law at the beginning of the 21st century. Methodological concerns will center on the apparent paradox of codification in a common law system. Substantively, the course will treat the elements of the documentary transaction, the most important form governing international transactions in goods. The focus will be on the sale of goods, but will also briefly discuss elements of bills of lading, negotiable instruments, letters of credit, and secured transactions. The course will follow the normal format for an American law school class – students will be asked to read American appellate decisions and to be prepared to discuss them in class.

 

Student Evaluations:
„The atmosphere in the course was much friendlier and not as anonymous as usual.”
“Professor Hyland taught very straight, but he also gave space to tell us about his personal experiences with the law and his personal thinking of the sense and background of a legal system.”
“I learned what makes a good argument and how it can be found.”
“This course has developed my argumentation skills in a way to find an argument for each side.”
“The professor encouraged us to have our own ideas. I liked the activity in doing this.”
“Professor Hyland’s real life experiences (…) have given an insight into the real practise of law.”
“Not only legal problems but also common questions have been discussed and gave us the opportunity to see how current international problems are seen from an American point of view. This is very important, because these questions are also important for legal education.”
“This course was full of valuable information, not only on American commercial law, but it also showed us the way American lawyers analyze a case.”
“I liked very much the topic of the course; it makes me want to get to know more about foreign private law.”
“I’m really glad I attended this course and hope there will be more courses like this next semester.”
“A very good introduction, which made me hungry about learning more about American law.”
„This was my favourite course in this semester; maybe even at all.“
“I liked this course very much because I regained the enthusiasm for the study of law. Thank you very much, Professor Hyland!”