Lehrveranstaltungen im Sommersemester 2020

Kolloquium "Law and Finance"

Kolloquium "Law and Finance"

Kolloquium "Law and Finance"

Schwerpunktbereiche 1, 2 und 3 LL.M. in Legal Theory, Module E5

SS 2020

Juniorprofessor Dr. Matthias Goldmann, LL.M. (NYU)

Syllabus and Reading List

 

Course time: Wednesdays from 15h c.t. -18h on the following dates:

15 April, 22 April, 29 April, 13 May, 20 May, 27 May, 3 June, 10 June, 24 June, 1 July.

The course will start on 22 April due to the time required for Goethe University for providing online teaching facilities.

Room: Via Zoom until further notice.

Enrolment: Please drop an email to Benjamin Arens (arens@hof.uni-frankfurt.de) to enrol and get access to Zoom. You may also enrol via OLAT, but please write to Benjamin in any case.

In addition, students wishing to take this course for credit towards their “Schwerpunktbereich” as part of the Staatsexamen need to enrol with the exam office (Prüfungsamt) via QIS.

Learning goals and competencies:

  • Familiarize students with key concepts in economics and finance, as well as with leading cases in the field;
  • Develop a profound understanding of the role of the law and the state for the financial sector, and the role of economic knowledge in the This will be a truly interdisciplinary experience;
  • Engage with crucial contemporary challenges like social equality, or the digitalization of the financial sector (including blockchain technology);
  • Learn to critically engage with state-of-the-art research at the intersection of law and finance;
  • Learn to write reaction papers, e. short, critical comments on readings or case notes. This is a key competence for lawyers. Each reaction paper is individually marked;
  • Learn to develop own research

 

Module description:

The objective of the Kolloquium/Module is for students to acquire a profound understanding of the multiple, intricate relationships between the law and the financial sector, how they mutually shape each other, and how our understanding changed over time. Each session is divided into three parts and requires the preparation of two texts. The first part of each session consists in an introduction into a certain stage of the evolution of the world economy.  The sequence of these stages follow a chronological order. This part serves to familiarize students with key economic concepts. The second part consist in a discussion of a theoretical text prepared by the students, which gives an idea about the understanding of law emerging in reaction to this stage of economic evolution. The theoretical texts will introduce participants to important strands of past and contemporary research on the role of law in the economy. Authors include Max Weber, Karl Polanyi, Friedrich Hayek, the law & economics literature, Jürgen Habermas, and recent scholarship related to the financial crisis. In the third part, students discuss a case, the second text prepared for the session, which reflects, or contrasts with, the concept of law discussed in the second part. These cases address various aspects of the financial  sector,  including  sovereign  debt  litigation,  investment  law,  as  well  as  monetary  and regulatory issues from Europe and beyond. Where the reading list proposes more than one case, students can choose which one they would like to read.

The introductory session on 22 April 2020 will provide an overview of the subjects to be covered and train students in writing a reaction paper. The introductory reading by Desaultes-Stein is recommended as a preparatory reading for this class. The text will be circulated to those enrolled in the class.

 

Course requirements:

Interest in and/or basic knowledge of questions of finance, law and society.

 

Grade requirements:

Students have to write two reaction papers that engage critically with one of the mandatory readings of the course, i.e. either a theoretical text or a court decision. Each reaction paper may comprise between 1,500 and 2,500 words and may be written in English, German, French, Italian, or Spanish. Reaction papers have to be sent to goldmann@jur.uni-frankfurt .de by the date and time indicated for each session below. The reaction papers will be assigned to students based on their preferences as indicated in a doodle poll after the first class. In addition, active class participation is required. This includes doing the readings on a regular basis. The mandatory readings were selected with a view to keeping the amount of time necessary for their preparation within reasonable limits. Skipping the readings for one class will create difficulties in subsequent classes, as students will find it difficult to draw comparisons and identify differences.


Course Program (as of 8 April 2020)

22. April 2020 - Class No. 1 - The Role of Law in Financial Capitalism

Course Introduction

Part 1: Finance and Economics

Part 2: Legal Theory

  • Classical (legal) liberalism and its critics: Locke, Smith, Kant, Rousseau, Marx (no text)

Background reading (not compulsory):

Video recording of Class 1 (download link).

 

29. April 2020 - Class No. 2 - Industrialization and Legal Rationality

Reaction paper deadline: 29 April 2020, 9am

Part 1: Finance and Economics

Part 2: Legal Theory

Part 3: Case

Background readings:

Video recording of Class 2 (download link).

 

13. May 2020 - Class No. 3 - Early 20th Century Crises: Disembedded Law

Reaction paper deadline : 12 May 2020, 3pm

Part 1: Finance and Economics

Part 2: Legal Theory

Part 3: Case

Background readings:

Video recording of Class 3 (download link).

20. May 2020 - Class No. 4 - The Welfare State and Social Justice

Reaction paper deadline : 19 May 2020, 3pm

Part 1: Finance and Economics

Part 2: Legal Theory

Part 3: Cases

Background readings:

Video recording of class 4 (download link)

 

27. May 2020 - Class No. 5 - Neoliberalism and the Law

Reaction paper deadline : 26 May 2020, 3pm

Part 1: Finance and Economics

Part 2: Legal Theory

Part 3: Cases

Background readings:

Video recording of class 5 (download link).

03. June 2020 - Class No. 6 - Globalization, Law&Economics and its Limits

Reaction paper deadline : 2 June 2020, 3pm

Part 1: Finance and Economics

Part 2: Legal Theory

Part 3: Cases

Background readings:

Video recording of class 6 (download link)

 

10. June 2020 - Class No. 7 - The Global Financial Crisis and The Code of Capital

Reaction paper deadline : 9 June 2020, 3pm

Part 1: Finance and Economics

Part 2: Legal Theory

Part 3: Case

Background reading:

Video recording of Class 7 (download link).

24. June 2020 - Class No. 8 - Sovereign Debt Crisis and Liberal Democracy

Reaction paper deadline : 23 June 2020, 3pm

Part 1: Finance and Economics

Part 2: Legal Theory

Part 3: Case

Background reading:

Video recording of Class 8 (download link).

 

01. July 2020 - Class No. 9 - Digitalization, Finance, and Law

Reaction paper deadline : 30 June 2020, 3pm

Part 1: Finance and Economics

Part 2: Legal Theory

Part 3: Case

Background reading:

Video recording of Class 9 (download link).