Prospectus

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Enforcement & Litigation

Course 2018-2019

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. The relative efficiencies and inefficiencies of administrative procedures, criminal nvestigations and prosecutions, civil litigation, selfregulation, and investor arbitration wil be explored on a comparative basis and in the context of advanced international scholarship, real-life case studies, and empirical evidence. 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 knowledge of and insight in how to resolve disputes resulting from financial transactions or regarding financial institutions.

• Students will be able to argue the pros and cons of alternative approaches in financial law enforcement ;
• Students gain knowledge and understanding of hybrid enforcement models and key issues of substantive and procedural law, class actions and collective redress, international res judicata, and international jurisdiction.
• Students will be able to criticly analyse the strengths and weaknesses of the public-private and regulation-deregulation.

Mode of instruction

Lectures & seminars
• Number of (2 hour) lectures and seminars: 10
• Names of lecturers: Prof. Olav Haazen LLM
• Required preparation by students: reading of prescribed materials, preparation of case studies and any other assignments.

Course Load

Week 1 – Introduction to various dispute resolution measures
Week 2 – Conflict of laws
Week 3 – Legal protection
Week 4 – Class actions
Week 5 – Recognition and enforcement

Examination method

• Paper: 50%
• Final Exam: 50%

The final grade, on the scale from 1(poor) to 10 (excellent), for the course is established by determining the weighted average of the paper and the final exam and rounded to full grades. Grade 6 (5.5 rounded) is a pass.

Paper:
Students must show they can critically apply the relevant rules to a given case in a written legal brief, complaint or arbitration demand, or oral argument outline.

Final exam:
The final exam will cover the material delivered during the lectures and the seminars.

Further information about the paper and the exam will be communicated to students through Blackboard closer to the respective due date and exam date.

Blackboard

Course reader and additional literature is distributed through Blackboard.

Submission of papers via Blackboard using safe assignment.

Course materials

Course reader is available to be downloaded from Blackboard.

Contact

Course Coordinator:
Prof. mr. Olav Haasen
Email address: o.a.haazen@law.leidenuniv.nl

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