Prospectus

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Enforcement & Litigation

Course
2022-2023

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 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, to impose and enforce the transition to a sustainable economy and restore justice to victims of financial fraud or other wrongful conduct. After a three-week lecture cycle focused on the theory of financial law enforcement, students will receive vocational training and practice their skills in preparing oral arguments and arguing a specific case relating to international financial law enforcement. In a moot court setting, 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 insight, as well as practical skills, in resolving disputes resulting from financial transactions or regarding financial institutions.

  • Students gain knowledge and understanding of hybrid enforcement models and key issues of substantive and procedural law, class actions and collective redress, and international jurisdiction.

  • Students learn to argue a concrete case by analysing and understanding both sides of the argument, and presenting, as advocates, their side’s position in a written legal brief.

  • Students will learn to make a persuasive oral presentation before a panel of judges/practitioners/experts.

  • Students are able to find and research the legal sources which are relevant to their case.

Mode of instruction

Lectures and seminars will be held in a weekly schedule in a classroom setting with mandatory class attendance. Only when required by government regulation or decided by the Programme Board, teaching will be conducted in an online setting.

Lectures & seminars

  • Number of (2 hour) lectures and seminars: 10

  • Names of lecturers: Prof. Rogier Raas, Marcus Wagemakers LLM,

  • Required preparation by students: reading of prescribed materials, preparation of case studies and any other assignments.

Examination method

  • Paper: 50%

  • Researching and preparing a written legal brief: 25%

  • Oral arguments in moot court setting: 25%

The final grade for the course will be the weighted average of grades for the paper, legal brief, and oral argument.

Paper:
Students must demonstrate insight and knowledge of competing views, as well as pros and cons, strengths and weaknesses, of diverging views regarding enforcement methodologies and philosophies.

Legal brief:
Students must demonstrate that they can critically apply the relevant theories and rules to a given case in a written legal brief.

Oral arguments:
Students must demonstrate that they can persuasively deliver their oral arguments in front of a panel of judges/practitioners/experts.

Further information about the paper and the oral arguments will be communicated to students through Brightspace closer to the respective due dates.

Brightspace

Course reader and additional literature is distributed through Brightspace.

Submission of papers via Brightspace using Turnitin Assignment.

Course materials

Course reader with literature is available to be downloaded from Brightspace.

Contact

Course Coordinator:
Marcus Wagemakers LLM

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

Disclaimer: Currently these pages are being updated to reflect the courses for 2022 - 2023. Until these pages are fixed as per 1 September 2022 no rights can be claimed from the information which is currently contained within.

Should there be any future changes of the Covid 19 virus which may impinge our teaching and assessment, these could necessitate modification of the course descriptions after 1 September. This will only happen in the event of strict necessity and the interests of the students will be taken into account. Should there be a need for any change during the course, this will be informed to all students on a timely basis. Modifications after 1 September 2022 may only be done with the approval and consent of the Faculty Board and Programme Director.