Kolloquium Law and Finance

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Sommersemester 2021

Kolloquium Law and Finance


Kolloquium "Law and Finance"

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

SS 2021

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


Course time: Wednesdays on the following dates:

21 April, 5 May, 12 May, 19 May, 26 May, 2 June, 9 June, 16 June, 30 June.

Room: Via Zoom until further notice.

Enrolment: You may enrol via OLAT. Please also drop an email to Benjamin Arens (arens@jur.uni-frankfurt.de). Access to zoom will be provided both ways.
For those of you who want to take this course for credit towards the Staatsexamen (studienbegleitende Schwerpunktbereichsprüfung): Please enrol for the course at the Schwerpunktbereichsprüfungsamt by filling in this form (PDF) and sending it to pruefungsamtfb01@jur.uni-frankfurt.de.

Materials (Readings): Here in Olat or at https://www.jura.uni-frankfurt.de/96759948/SS_2021 (password protected)

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 21 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.

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