July 11, 2019

Teachings : Restoring the legal news economically

School of Public Affaires at Sciences po (Paris)

Restituer économiquement l'actualité juridique ( Restoring the legal news economically)

by Marie-Anne Frison-Roche

Pour lire la présentation du cours en français, cliquer sur le drapeau français

This is a new course for students in the last part of the curriculum in the School of Public Affairs at Sciences po (Paris), having a certain knowledge in public policy and economics, even but not necessarily in Law. 

It is given in French.

Some students have followed the course of Droit commun de la Régulation Common (General Regulatory Law - first semester), even the course of Droits sectoriels de la Régulation (Sectorial Regulatory Law), but that does not constitute a pre-requisite, but it is rather to follow the legal news from an economic angle.  Law is therefore given by the news itself and by the professor, the student having to have some knowledge in economics and public policies to benefit from it.

The course is entirely made by Professor Marie-Anne Frison-Roche, students being invited to intervene when they wish, during the presentation of the legal news, apprehended from the economic and public policy angle.

 

See below for more details of this course. 

General presentation of the Course

Law consists of both stable rules and events.

These events are sometimes predictable and sometimes unexpected. They are expected when it comes to laws whose adoption is expected or judgments, which are expected to be rendered. But there is always something unpredictable: a new amendment will be adopted ; in which sense will the judgment be rendered? There can be something unpredictable: an indictment suddenly, a patent suddenly filed.

Thus, legal news must be continuously monitored to measure what is happening in the world, not only in the legal world but in the economic world.

In the legal world because every current event, or that has occurred, or projected, or envisaged, makes live the rules that we could learn statically, through a law that we learned, through its text or through a principle that we know, for example the binding nature of contracts or the presumption of innocence.

In the business world because the legal event has a direct impact on economic events and economic structures: a new law will change business strategies, a court decision will change investment prospects, will stop the decisions of States themselves.

The economic impact of legal news is immediate. It allows to go back to some legal principles, as revealed by the news and that the specialized economic press does not always perceive. Symmetrically, because the news does not know the borders of Law, it shows that events taking place outside French Law, or even European Law, can have an impact on French operators, or give them a new understanding of their environment .

This is particularly relevant when the perspective is that of the digital, for which the concept of boundary, inherent in classical Law, is quite inappropriate.

 

Validation modalities

Since this is a course, the overall grade will consist of two written exercises.

These will be two written exercises.
The first control will be done in parallel of the course on a subject provided by the professor and will be returned at the end of the semester, as are the papers, in the conditions where they are in the general terms and conditions decided by the School of Public Affairs.
The first topic will be a case study.

The second control will be done during the last course in the form of a written test.

The student will have to deal with a subject chosen between two subjects. The first is necessarily a dissertation,, the second can be a text comment from a case.

 

Workload

Students must follow the news from their general monitoring of the news, making sure to look specifically at what is in the legal dimension.

 

Educational format

The themes of the successive courses can be fixed as and when the news, the first three being fixed in advance, so that students can have the facts in mind and think about them:

  1. Le cas "Tapie" (the "Tapie" case)
  2. La directive européenne "Droit d'auteur" de 2019 (the European Directive on Copyright in the Single Digital Market, 2019)
  3. Le cas "Tesla" (the "Tesla" case)
  4.  

 

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