#5 United States Law

European lawyers tend to have a hard time with United States Law at first. Too different are “both” systems, it seems. But is the Anglo-American legal order really that different?

The fifth main episode of Maastricht Law Talk leaves the European continent for a while: It covers the United States legal system. From a federal judge being able to block the president’s executive orders to the harmonisation process of law.

Larry Catá Backer is Professor of Law and International Affairs at Penn State University. He is an expert on corporate, enterprise, and constitutional law and is currently working on his new book on an “Introduction to U.S. Law”. You can find his work and latest research on his website Backer in Law or on his blog Law at the End of the Day.

If you haven’t yet listened to our episode on constitutions, you might want to do that first. Click here to listen to the episode.

Larry and I talk about

  • the federal structure,
  • common law as a concept,
  • “codification”,
  • harmonisation of law,
  • the appointment and election of judges,
  • popular democracy and democratic deficits,
  • the U.S. Supreme Court,
  • federal and state powers,
  • the presidential election,
  • gerrymandering,
  • executive orders,
  • judicial review, and
  • much more.

If you liked this episode, subscribe here to the podcast.

avatar Benedikt Schmitz
Podcaster
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avatar Larry Catá Backer
Professor of Law

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#FACT Scots despise English Law

Hi, it’s Benedikt again and we are working hard to bring you a new full-feature episode soon. In the meantime however, Bram Akkermans has a fun fact for you: Why English and Scottish lawyers aren’t the best colleagues.

Bram Akkermans is Associate Professor at the Maastricht University Faculty of Law and was my first guest on the show. Click here to listen to the full episode on “What is Law”?

If you liked this episode, subscribe here to the podcast.

avatar Benedikt Schmitz
Host
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avatar Bram Akkermans
Associate Professor

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#XMS The Law to Gift

It’s holiday season! Whatever you celebrate, very often this includes giving presents. For most, gifting is as normal as buying tomatoes in the grocery store. The law however has quite a hard time dealing with it.

My guest for this special Christmas episode is William Bull, Lecturer at Maastricht University. William wrote his PhD on “Optional instruments of the European Union; A Definitional, Normative and Explanatory Study” and studied English and Italian law at the University College London. Currently he is teaching Comparative Contract Law and a Legal Research course.

William and I briefly discuss

  • what an immediate donation is,
  • the Common Law concept of consideration,
  • why you might want to look for a notary, and
  • why gifting isn’t as easy as it seems.

If you liked this episode, subscribe here to the podcast.

avatar Benedikt Schmitz
Host
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avatar William Bull
Lecturer

Click here for legal information. This episode also contains the following intellectual property:

Oh, Christmas Tree by Kevin MacLeod (incompetech.com)
Licensed under Creative Commons: By Attribution 3.0 License
http://creativecommons.org/licenses/by/3.0/

#1 What is Law?

Here we are! Maastricht Law Talk’s first episode asks the question “What is Law”? Prof. Dr. Bram Akkermans, Associate Professor for European Private Law at Maastricht University, joins me to talk about the very basic foundations of law.

We discuss

  • why we need legal rules,
  • the influence of morality,
  • who can be a legal subject,
  • which laws are applicable and who creates them,
  • why animals are property,
  • the difference between private and public law,
  • what differentiates English law from the dominant law on the continent,
  • the principle of separation of power, and
  • much more.

If you liked this episode, subscribe here to the podcast.

avatar Benedikt Schmitz
Host
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avatar Bram Akkermans
Associate Professor

Click here for legal information.