Should We Teach (A Bit Of) U.S. Civil Procedure In the European Law Schools ?

2 Court & Justice Law Journal 2020, Forthcoming

37 Pages Posted: 6 Apr 2020

See all articles by Cesare Cavallini

Cesare Cavallini

Bocconi University - Legal Department - Milan

Marcello Gaboardi

Bocconi University - Department of Law

Date Written: January 11, 2020

Abstract

The occasion for this article moves from several suggestions emerging by the research and teaching work, mostly spent in the graduate courses in (Italian) civil procedure. Therefore, the perspective stems from a Ā«continentalĀ» scholar and teacher; it would mean the traditional research focus on the country-specific area, usually taught in the same manner. As we can see, it generally happens all over European Law Schools. The main output, probably due to the Bocconi University of Milan, one of the leading international universities in Europe, has been first the Law students' interest in the common law procedural systems (the U.S. one, mostly). That interest was spontaneous, even if the lectures proposed not a few references to the common law judiciary system. However, that interest has been continuous, and it is still daily growing, even the students come entirely from the civil law (European) legal tradition. It has been as much spontaneous wondering about that, and quite quickly, the question has been one. Are there serious reasons why (a bit of) U.S. Civil Procedure should be taught in European Law Schools? The essay aims to explore the backgrounds of the positive response, and to some extent, to move toward a new season for the comparative civil procedure as well as an imperative mood of the legal education, even conscious of the limits set off by that traditional domestic area.

Keywords: Civil Procedure; Comparative Law; Legal Education

Suggested Citation

Cavallini, Cesare and Gaboardi, Marcello, Should We Teach (A Bit Of) U.S. Civil Procedure In the European Law Schools ? (January 11, 2020). 2 Court & Justice Law Journal 2020, Forthcoming . Available at SSRN: https://ssrn.com/abstract=3552583 or http://dx.doi.org/10.2139/ssrn.3552583

Cesare Cavallini (Contact Author)

Bocconi University - Legal Department - Milan ( email )

Via Roentgen, 1
Milan, Milan 20136
Italy

Marcello Gaboardi

Bocconi University - Department of Law ( email )

Via Roentgen, 1
Milan, Milan 20136
Italy

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