Comparative Sentencing (3 credits)

All societies grapple with issues of crime and punishment.  They all struggle to establish appropriate forms of punishment and to implement those punishments in acceptable and effective ways.  This course focuses on theories, institutions, and processes relating to the legal system’s response to violations of the criminal law, in a range of comparative jurisdictions.  Students will examine theories of punishment, as well as approaches to and options for sentencing.

Although there will be some discussion of American sentencing, it will primarily be to provide context and comparison for the exploration of sentencing elsewhere in the world.  Although there will be some discussion of international treaties and practices, it will not be extensive; the focus of the course will be on sentencing in different countries, rather than by international tribunals.

Genocide and Other Mass Atrocities:  Prevention and Deterrence (3 credits)

The focus of the course will be the study of international law in relation to genocide and  other forms of mass atrocities, including the use of weapons of mass destruction (WMDs) by state or non-state actors against civilian populations.  The course will explore both preventive and deterrent or punitive approaches in the law to mass killings. 

Some of the areas that the course will explore are the Genocide Convention, the case law on genocide of the International Court of Justice and other international courts, and the question whether there is an emerging customary law rule regarding armed intervention to prevent genocide.  Attention will be given to genocides in Europe, Africa, the Middle East and Asia, including those that preceded the Genocide Convention as well as more recent cases (Kosovo, Rwanda).  The course will also deal with legal responses to the threat that so-called “rogue” states or terrorist groups might use WMDs, especially nuclear weapons, against civilian populations. 

International Art and Cultural Heritage Law (3 credits)

From the removal of the Elgin (or Parthenon) Marbles from Greece, to the looting of art by the Nazis and the destruction of the Bamiyan Buddhas in Afghanistan, civilizations have often considered objects of art and cultural heritage to be the rightful spoils of war or conquest.—to take, sell, or destroy as they will.  Sometimes these acts are committed by governments, sometimes by private actors.  Governments may succeed or fail in their efforts to repatriate cultural heritage property, and museums and galleries, as well as individual purchasers, must be wary about the provenance of their collections and purchases to avoid costly litigation and recovery.

This course will expose students to these and other issues relating to the increasingly hot topic of the international law relating to art and cultural heritage.  We will examine major international legal instruments relating to the protection of cultural heritage, in addition to U.S. and other countries’ legislation and court decisions relating to efforts to repatriate art to its rightful owners.  In addition, we will examine how the Berne Convention for the Protection of Literary and Artistic Works, as well as American law, treats the “moral rights” of artists, and the nature of art in general.

International and Comparative Family Law (3 credits)

Every society somehow regulates the intimate, relational lives of individuals living within it.  Most frequently, civil states claim (and exercise) authority over “family law” matters.  But others make claims upon family life as well – whether group or individual, whether by formal or informal means, whether by religious or customary law.  In addition, a number of cross-boundary issues (adoption, child custody or abduction, foreign marriage and/or divorces) arise in our increasingly global society, and these often impact local laws and policies. 

This course will investigate the authority claims of various groups upon individuals and families, and the rights claimed by individuals or families.  Throughout, the course will pay special attention to the role of religion and faith, at both the individual and group levels.  The course will also expose students to comparative legal systems regarding family structure, governance, and regulation, and will provide students both context and legal skills for dealing with transnational family law issues.

Villanova University School of Law

University of St. Thomas School of Law


Villanova University School of Law

University of St. Thomas School of Law

J.D. and LL.M. students who have completed one year of full-time or part-time law study at an ABA-approved law school or an equivalent institution outside the United States and are in good standing are eligible to enroll in the Program.

FOR MORE INFORMATION, OR TO APPLY:

  or contact Assistant Dean Diane Edelman, Rome Program Director, at 610-519-7047 or edelman@law.villanova.edu.