The Strasbourg law school made ​​its ad on the internet

Obviously, the University Robert Schuman of Strasbourg has decided to invest in the program sponsored links from Overture to promote its law school.

Type the keyword “right” on the of search engine Amazon.fr , MSN , Yahoo , Lycos or Altavista , and you will see this .

It is a priori rather surprising to see a public administrative * advertise, do it that way, and so his name mixed up with those of commercial sites …
Also note that the successful slogan itself has a very commercial sounding ( “LMD comes into force, all the online offer”).

Perhaps the signs of an competition (assumed) between facs of law that profilerait on the horizon …

* Of course, for the purists, universities are institutions’ scientific and technical character “(Act of 12 November 1975), even” scientific, cultural and professional “(Law of 26 January 1984), but according to René Chapus (expensive publicists see I still have good readings ;-), “in fact we are in the presence of public administrative establishments whose activity itself has the character of an administrative public service “(R. Chapus, General administrative law, public law Domat, 15th edition, Vol. 1, No. 500).

What would our trademark law without André Bertrand?

Those who have already taken courses on intellectual property probably know André Bertrand . He is the author – among others – the most excellent treatise Copyright and Related Rights in Dalloz (whose last edition dates back to 1999 and is unfortunately exhausted long ago). In my case, I especially appreciated for at least two reasons: the first is that it has the rare distinction of not being afraid of anything or anyone and shoot everything that moves ( of french copyright, collecting societies and distribution rights, certain factual errors included a vengeance in the works and academic work, passing even by the … patent attorneys), I is completely exhilarating.
The second reason is that his thinking is nourished an important practical (André Bertrand is a lawyer, and not any) and it has a unique approach to matters on which he wrote, making its extremely interesting works.

Anyway, in July 2005 was published by Dalloz the new edition of the Law of Trademarks, distinguishing marks, domain names (in the collection Dalloz Action, which by the way is really great well that quite expensive, but as the name suggests, it is primarily for practitioners).
A frequent visitor was kind enough to transcribe and send me the following passage that suggests (but of course this can only be a false impression 😉 that Mr. Bertrand has taken slightly big head .. .

About the evolution of trademark law last fifteen years:

“The situation has really changed in the middle of 2000, under the combined effect of several events. Among these include the publication at the end of 1999 the first edition of the book on the right brands and distinctive signs that we then published the Cedat editions, then the publicity given to the case law of the Court of justice of the European Communities and the Ohmi and some courageous decisions that have the effect of calling the right french positive on the path set by the European directive “.

The prose of André Bertrand, stronger than the ECJ and OHIM together.

“This thesis is lousy so it is excellent”

Always in this fabulous book what Doctrine (this time p. 198), the Jestaz teachers and Jamin address the important issue of the thesis defense (ritual among the rituals), which involved or soon will concern some readers of this blog (and possibly its author, who knows …)

“The best theses, that is to say the most original, are also those which are the longest and most heavily criticized by the jury, for the simple reason that they have aroused in him a maximum interest, -. the average thesis calling instead that criticism and compliments halftone Hence the unwritten rule that criticism is the highest form of praise (and conversely, that the paean hides many restrictions). “

Well, I am willing to believe, but I think the line is still a bit forced …

First aggregation contest in private law 2004-2005: and the winners are …

Via the Code Dalloz (the ministerial decree still not available on Légifrance ).
The new aggregate (the supreme elite, the cream of the crop, those “errors become opinions” ) in private law and criminal sciences 2004-2005:

  1. Sylvain Bollee (PhD defended at Paris I, methods of private international law in the trial of arbitral awards, in 2003, led by P. Mayer)
  2. Clothilde Grare (Paris II Research on the consistency of tort: the influence of bases of liability repair 2003, dir Y. Lequette.)
  3. Jean-Sébastien Borghetti (Paris I, The Liability products: comparative law study, 2004, dir G. Viney.)
  4. Cécile-Dourdou Peres (Paris I, the default rule 2003, dir G. Viney.) Tied Marie-Claude Najm (Paris II, Principles of Private International Law and Conflict of Civilizations: relations between secular and religious systems systems 2004, dir. Lequette Y.)
  5. Philippe Jacques (Paris XII Glance section 1135 of the Civil Code, 2003, dir. F. Chabas)
  6. Helen Boucard (Poitiers, The Agréation delivery in sales, 2003, dir. Ph. Rémy)
  7. Mathias Audit (Paris I, Transnational contracts between public bodies, 1999, dir. P. Mayer)
  8. Gaël Piette (Pau, correction of the contract, in 2002, dir. M. Menjucq)
  9. Philippe Dupichot (Paris II The power of individual wills in Security Law, 2003, dir. Mr. Grimaldi)
  10. Yves-Marie Laithier (Paris I, Comparative study of sanctions for breach of contract, 2002, dir. H. Muir Watt)
  11. Pierre Callé (Paris I, the public act in Private International Law, 2002 ed. P. Mayer)
  12. Solange Ickowicz-Becque (Paris II, the parallel forms in private law, 2002, dir. P.-Y. Gautier)
  13. Jocelyne Leblois-Happe (Strasbourg III, What answers to petty crime: study of French law as repressive lighting compared the German repressive law 1998, dir R. Koering-Joulin.)
  14. Valérie Lasserre-Kiesow (Paris II, the legislative technique: study of French and German civil codes 2000, dir Mr. Pédamon.)
  15. Olivier Deshayes (Paris I, From the transmission of right obligations to the successor by particular title, 2003, dir. G. Viney)
  16. Fabrice Siiriainen (Nice, the exclusive copyright to the test of collective management, 1999, dir. Ms. Gourdet)
  17. Matthew Poumarède (Toulouse I, ordinary schemes and individual civil liability regimes 2003, dir. C. Saint-Alary)
  18. Anne-Valérie DELOZIERE-Le Fur (Paris II, called Multilateral Clearing 2002, dir. A. Ghozi)
  19. Valerie Pironon (Paris II, Joint ventures: Contribution to the study of a legal instrument of international cooperation 2002, dir P. Fouchard.)
  20. Gilles Auzero (Bordeaux IV Agreements on trade union rights and representation of staff in 1997, dir. J. Pelissier)
  21. David Chilstein (Paris I, International Criminal Law and police laws: test the application in the area of criminal law accessory, 2001, dir P. Mayer.)
  22. Sarah-Bros-Grignon Derenne (Paris II The contractual interdependence, 2001, dir. C. Larroumet)
  23. Robert Wintgen (Paris I, Critical study of the concept of perfection: the effects of the contract with regard to third in French and German law in 2002, dir J. Ghestin.)
  24. Renaud Mortier (Rennes I, the redemption by the company of its social, 2003, dir. JJ Daigre)
  25. Emmanuel Dreyer (Paris II, Legal Deposit: analysis of a necessary guarantee the public’s right to information, in 1999, co-dir G. Cohen-Jonathan and B. Beignier.)
  26. Mustapha Mekki (Paris I, the general interest and the contract. Contribution to a study of the priority of interests in Private Law, 2003, dir J. Ghestin)
  27. Dorothy Cochet (Paris II Law Partners, 2002, dir. M. Germain)
  28. Olivera Boskovic-Pillet (Paris I, the compensation for damage in Private International Law, 2003, dir. P. Lagarde) who somehow had hot, since without this text there , he remained master of conf …

For the record, the jury consisted this year of Yves Lequette (Paris II, President), Louis-Augustin Barrière (Lyon III), Loïc Cadiet (Paris I), Jacques Francillon (Paris XI), Dominique Loriferne (at the Court of Cassation), Raymonde Vatinet (Paris V) and Guillaume Wicker (Bordeaux IV).

Publicists vs Private Lawyers: The War of the Worlds

On 20 July, the Figaro ( decidedly ) released the portrait of a doctoral student in public law from the University of La Rochelle , search beneficiary.
A passage from the paper particularly caught my attention:

“It logically launches in legal studies. As soon realizes that he is” more comfortable in the theoretical reflection in practice. “(…)” I could not imagine spending my life to deal with divorce or lease solve problems! administrative law does not put two individuals face to face but the special interest against the law in general. It is therefore a much more balanced right that leads to a reflection on the role of government in our society. “”

Once again, the Private Lawyers enjoy this annoying habit of denigrating the private law by depicting it as a trivial law, comparative law au-public-who-is-so-grand.

Friends publicists, I find this a bit annoying catchphrase in the long run (in the full knowledge that, in general, we Private Lawyers is makes you well 😉

Some will recognize …

“How many young people finish their right without opening a case book without knowing how to use! This is a huge gap in their education. And how many lawyers, themselves formed, just read the summary that, in the Collective summarizes the solution given by the judges, without bothering to read the decision itself. “

“(…) The rational and critical study of jurisprudence is one of the essential factors of legal education. (…) [T] here’s another one, it should be remembered, to be brought to the plan is the reading and meditation of legislation. I repeat again my students that the civil Code must be their breviary, he must read the articles that this is the best way to learn legal language and that it is no longer exercise trainer. I say, I say, but it is vain. the best of them are studying the reviews, but they do not read what is discussed there . this is putting the cart before the horse. what’s worse, because there would be half bad if, after studying this comment, they reportaient to texts, but they do not. And this is really absurd. and yet they know well, there is a good lawyer as the one who took the habit of consulting the law, to meditate and understand it. “

– Henri Capitant, 1st Edition preface Great judgments of the civil law, 1934 (even then …).

Phillipe Jestaz Christophe Jamin and lecturers

The book co-authored by Professors Philippe Jestaz and Christophe Jamin I mentioned a few days ago is a very thorough study of the doctrine. But this study is also an opportunity for them to move some messages, including a small disregard (?) – In my view – for lecturers .
This is mainly on page 195 it happens. It begins with a praise of AGREG ‘(right, of course, the only, true) then connects then dryly with the recruitment competition for the office of MCF:

“Job competitions extend quite widely positions acquired at the end of the thesis. The most prestigious of them, aggregation, provides access to the status of professor and this directly (…). This is a national competitive examination where the number of stations is very limited, ie a large competition (…) the competition (…) is not only a particular mode of recruitment in the public service. it is a form consecration for verifying that the long years of training of law have shaped the good spirits, and to some extent the body. (…) the contest will be used mainly to legitimize the future doctrinal discourse impétrants which is said, as joke (but instructive), once acquired the successes, errors become opinions … “

“Much less prestigious, because as open to a significantly higher number of positions, recruitment competitions for lecturer functions allows, too, direct access to teaching. But in the administrative hierarchy, these functions have rank slightly below those of professor and above offer prospects for much less meaningful careers. also, in the informal hierarchy that establish them members of doctrine, unlike accuses very substantially ¹. (the competition) lacks the ritual of aggregation, which contributes to its relative worthlessness. “

The lecturers must appreciate …

  1. According to the Petit Larousse: “SENSITIVE adj. … That easily noticed. “…

Ranking of law schools

Probably because of this post then , lots of visitors land on this blog after typing the “ranking law faculties” formula on Google. To my knowledge, does not exist in France as of institutional rankings that it (there are of other ) in the United States. That said, to read some, the ranking is done quickly. It’s Paris I and Paris II (the real subject is in determining which of the two is the best facs) and then basta.
It touches the tassel with several articles of leading experts published on the forum of Figaro student I book a few lines (I corrected the biggest mistakes along the way, it’s a little more serious)

Michel (as delicious as ‘College of Law – Assas vs Sorbonne (the rest does not exist)’): “Paris is definitely what’s better and right across France, while we not come to pick us with universities pignouf-les-bains 3 that would have a good ranking on the number of refreshment in the universities.
(…) The law is often imprecise, complex, confusing and therefore disputes arise. Every day, we must handle cases that the Supreme Court has not resolved. “(This passage has nothing to do with this ticket but I find it really twisting)

Mary: “that an employer prefer someone from Paris or 1 Paris 2 is false, completely untrue I have knowledge in the largest firms in Paris and their list of the best facs is far from! that of the Express! and the little assassien Péteux, formatted and incompetent when it comes out of his nose its way, it does not interest them! (…) in short, say that Paris 1 and Paris 2 are the best facs of France , it was worth the early twentieth century, but it’s been that it’s over! “(I specify that at the beginning of the twentieth century and even well after , there was only one and only law school in Paris : Faculty of law of Paris, but nevermind)

JMi “The Sorbonne is not only the most famous university in France but is also the best law school in many areas Although Assas leads a strong competition, its large comparative disadvantage compared to its big sister Sorbonne is. its low international prestige (nobody knows). “

Jonathan: “I’m in Paris and 1 think this is the best university in Paris except for France Paris II is not bad for me to have rubbed shoulders (pleading interuniversity competition) the atmosphere is. take a dump”

Clement: “Basically Assas is the reference established, even though everyone knows that a good student of Paris 1 is better than lambda student of Paris 2.”

Nouria “All facs are not equal but Assas Paris 1 and are caught by other facs even those to which it is not expected for example, Villetaneuse right section..”

Evolution of the teaching of law, always

For the umpteenth time (the author himself acknowledges at the outset that “the organization of research and study law, particularly in the context of the reform called ‘LMD’ keeps on giving rise to catch word “) was still question last week of the teaching of law in the legal press (Ch. Bigot,” Reflections of a lawyer on the professionalization of law school, “Viewpoint, D. 2005, pp. 1724-1725).

As usual, several points of the paper deserve attention. First of all, Mr. Christophe Bigot – lawyer, as the title of his article suggests – advocates “a necessary strengthening of links between the different families of law” on the basis that graduates (simple masters in law doctors) often find it very difficult to move from theory to practice. But above all, he criticizes the production of doctrine that would be completely disconnected from the needs of practitioners, “often perplexed face of the work (…) or scarcely used (…) built on different sources than they use” (wholesale , Mr. Bigot would like the authors from academia pay more attention to jurisprudence and leave out the writings of their colleagues, because “there is always more effective to invoke before a judge a recent judgment by the one of his peers rather than a review of an academic who can no longer claim to intellectual legitimacy on its title alone “).
Finally, Mr. Bigot outright calls for “reform the access door to legal education by requiring future teachers a significant practical experience period out of college rather than maintain the ‘cloistered’ to Cujas or elsewhere” ( famous picture of PhD student spending his days wandering the corridors of BU …).

No doubt the debate will rebound soon.

A wonderful book

If you need a book to prepare your future partial, then go your way, because this book coauthored by professors Jestaz and Jamin has nothing to do with a manual.
In just over 300 pages, the two authors offer a fascinating study of the doctrine, “the scientist and doctors right from Rome to this day,” in France, mainly, but also the United States.
A host of exciting information about the history, development, construction and the importance of doctrine and on rituals and “traditions” …

Some passages are really tasty and give me the opportunity to write some posts on this blog.

  • The Doctrine Jestaz Philippe and Christophe Jamin, Dalloz, coll Methods of Law, 1st edition, 2004. -. € 30 (€ 28.50 in the right dairies).
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