Due to the Corona virus education methods or examination can deviate. For the latest news please check the course page in Brightspace.

Prospectus

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Enforcement & Litigation

Course
2021-2022

Course requirements

Master degree in Law. This course is part of the Advanced Master Law and Finance.

More information: https://www.universiteitleiden.nl/en/education/study-programmes/master/law-and-finance

Course information

This course offers an in-depth examination of key themes in the theory and practice of financial law enforcement. It critically examines the functioning, efficacy, and philosophy of enforcement actions, as means to supervise the world’s financial markets, regulate the behavior of the players in those markets, and restore justice to victims of financial fraud or other wrongful conduct. After a three-week lecture cycle focused on the theory of financial law enforcement, students will receive vocational training and practice their skills in preparing oral arguments and arguing a specific case relating to international financial law enforcement. In a moot court setting, students will study and critically assess the core differences in approach among industrialized nations, as well as emerging financial markets.

Course learning objectives

The objective of this course is to provide insight, as well as practical skills, in resolving disputes resulting from financial transactions or regarding financial institutions.

  • Students gain knowledge and understanding of hybrid enforcement models and key issues of substantive and procedural law, class actions and collective redress, and international jurisdiction.

  • Students learn to argue a concrete case by analysing and understanding both sides of the argument, and presenting, as advocates, their side’s position in a written legal brief.

  • Students will learn to make a persuasive oral presentation before a panel of judges/practitioners/experts.

  • Students are able to find and research the legal sources which are relevant to their case.

Mode of instruction

Lectures & seminars

  • Number of (2 hour) lectures and seminars: 10

  • Names of lecturers: Prof. Olav Haazen LLM, Marcus Wagemakers LLM,

  • Required preparation by students: reading of prescribed materials, preparation of case studies and any other assignments.

Examination method

  • Paper: 50%

  • Researching and preparing a written legal brief: 25%

  • Oral arguments in moot court setting : 25%

The final grade for the course will be the weighted average of grades for the paper, legal brief, and oral argument.

Paper:
Students must demonstrate insight and knowledge of competing views, as well as pros and cons, strengths and weaknesses, of diverging views regarding enforcement methodologies and philosophies.

Legal brief:
Students must demonstrate that they can critically apply the relevant theories and rules to a given case in a written legal brief.

Oral arguments:
Students must demonstrate that they can persuasively deliver their oral arguments in front of a panel of judges/practitioners/experts.

Further information about the paper and the oral arguments will be communicated to students through Brightspace closer to the respective due dates.

Brightspace

Course reader and additional literature is distributed through Brightspace.

Submission of papers via Brightspace using Turnitin Assignment.

Course materials

Course reader with literature will be available to be downloaded from Brightspace.

Contact

Course Coordinator:
Marcus Wagemakers LLM

Programme Coordinator:
Ms. Orsolya Kalsbeek-Bagdi
Email address: lawandfinance@law.leidenuniv.nl

Disclaimer: This course has been updated to the best of our knowledge at the current time of publishing. Due to the Covid-19 pandemic and the fluctuating changes in lock down regulations all information contained within this course description are subject to change up to 1 September 2021.
Due to the uncertainty of the Covid-19 virus after 1 September 2021, changes to the course description can only be made in the event of strict necessity and only in the circumstances where the interests of the students are not impinged. Should there be a need for any change during the duration of the course, this will be informed to all students on a timely basis and will not be to the prejudice of students. Modifications after 1 September 2021 may only be done with the approval and consent of the Faculty Board.