Latin American Law Legal education Brazil / Panama Last updated 21 Nov 11
Value of knowing other legal systems • • Model for borrowing Gain perspective Discover truths Impose / power
Montoya Legal Education Reform in Lat. Am
• Legal education in Lat. Am – Structure • Mostly public institutions / undergraduate program • Fixed curriculum / old texts / often night classes • Part-time professors (90%) / limited research (20%) – Methods • Deductive (like Europe) / not inductive (like US) • Scholastic / authoritarian teacher / emphasis on memorization – Outcomes • Little problem-solving, social awareness • Few practical skills / interdisciplinary awareness • Lawyers not prepared to participate in legal reforms
• Reforms to legal education in Lat. Am – Brazil: Fundación Getulio Vargas • • Founded 2000 / Rio and Sao Paolo campuses Reforms: Concept of law / teaching-research / methods Professors promoted for scholarship (reform agenda) Students learn problem-solving / upper-level electives – Colombia: Los Andes • Founded 1968 / major reforms 1995 -97 • US-style campus / problem-solving / full-time faculty • Curriculum: context, law basics, specialization – Results at “reform” schools • More courses: 39 -64 / still mostly theory • Still few electives (<20%), practical skills (<25%), interdisciplinary (<15%) Univ Torcuato Di Tella … acceptance in Argentina Jim Rodden
Week in the life … Weekdays • • • 6: 15 am – Wake Up (get ready and breakfast) 7: 00 am – catch the public transportation (takes hours to get in downtown when you don’t live around there) 8: 00 am – start working (internship at law firm) 11: 30 am – lunch time 1: 30 pm – Back to work (law firm) 6: 00 pm – stop working 6: 30 pm – class starts 9: 15 pm - end of class 10: 30 pm – arrive home / free time (shower, eat, read, get ready for next day) 11: 00 pm to 2: 30 am (exams week) – Studying Weekends - studying School schedule Monday thru Friday (one 3 -credit class / day) Mornings – 7: 30 to 10: 30 Afternoons – 1: 00 to 3: 00 Evening – 6: 30 to 9: 15 Exams week Two exams per semester + oral presentation or seminar paper (according to the professor)
Panamanian law schools University of Panama School of Law 270 -340 students 55% M / 45% F Latina University of Panama School of Law Autonomous University of Chiriquí Public/private – oversight authority Joel De Leon Quintero ISAE University School of Law
Law Basics Public Law Private Law Social Law Inter-disciplinary Panama law curriculum 1 L 2 L • Political • General Science Criminal Law • Introduction • Principles of to Law Public Int’l • Roman Law • Civil Law • Public • Human Financial Law Rights • Constitutional • Principles of Law Economics • Commercial • Principles of Law Sociology • Contracts • Criminology 3 L 4 L 5 L • Adm Law • Special Criminal Law • Public Int’l Law • General and Civil Proced • Economic Law • Political Economy • Procedure Law • Advanced Adm Law • Const Proced Law • Ecological Law • Mining Law • Commercial Transactions • Advanced Civil Law • Advanced Procedure • Labor Law • Labor Procedure • Family Law • Criminal Procedure • Evidence • Legal Practice • Banking Law • Maritime Law Admission/tuition/courses/grading Joel De Leon Quintero
US Legal Education Law firm In-house Prosecutor Law school (JD) • Three years • Fixed 1 L curriculum Undergraduate (BA / BS) • UL requirements Four years UL electives • Multiple disciplines • Profs: FT / adjuncts • 45, 000 graduates Bar exam Law school (LLM) University (MA / Ph. D) • ABA-approved LS One-two years • One-four years • MPRE / MSE / essay • Specialization Inter-disciplinary • Reciprocity … attorney could tell the client what the problem is, how he was going to solve it, and what it would cost, without any client input or pushback … Jim Rodden Judge Law Prof Government Defender Litigator Advisor Transaction Mediator Regulator
Brazil Legal Education Law firm In-house Prosecutor Law school (LL. B. ) • FIve years after HS • Fixed curriculum • Some non-law courses • Legal practicum • Profs: FT / adjuncts • 64, 000 graduates Juliana Barbosa Int’l practice / studies Bar exam Law school (LLM) • Non-Brazil • OAB exam • 65% of LLBs consultants • 15 -20% LLBs pass • Specialization • Offices in NY, • 455, 000 admitted London Judge Law Prof Government Defender Litigator Advisor Transaction Mediator Regulator
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