Archive for November 21st, 2011

21 November 2011

What are the contractual implications of a country leaving the Euro?

See also: A Eurozone exit: Legal implications for companies and businesses - Collection of notes on the legal impact of a country leaving the Eurozone

The EU treaties and individual contracts contain no provisions for a country to exit the Euro, so the implications for private contracts are likely to be determined by a mixture of fundamental legal principles and commercial realities

As the possibility of a country leaving the Euro increases, more attention is being paid to the consequences of, and questions posed by, a Eurozone country withdrawal. Beside the macro-economic consequences of withdrawal and the logistical and psychological challenges of creating a new currency, what would be the effect on private contracts denominated in Euros (or another currency, such as the dollar) that have been entered into by one counterparty in the withdrawing country and a counterparty outside that country?

21 November 2011

What are law schools for?

“The fundamental issue is that law schools are producing people who are not capable of being counselors”

A reflective article from yesterday’s New York Times on the debate in the United States about what law schools (by which the NYT means full undergraduate degree courses, rather than conversion courses on the College of Law model) are for.

In essence:  Are law schools for producing academic lawyers, or should they focus on developing their students’ ability to advise clients and close transactions?  And that debate is placed in the context of what clients are demanding and their new-found reluctance to pay for the training of junior lawyers:

“What they [law students] did not get, for all that time and money, was much practical training. Law schools have long emphasized the theoretical over the useful, with classes that are often overstuffed with antiquated distinctions, like the variety of property law in post-feudal England. Professors are rewarded for chin-stroking scholarship, like law review articles with titles like “A Future Foretold: Neo-Aristotelian Praise of Postmodern Legal Theory.”

So, for decades, clients have essentially underwritten the training of new lawyers,

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