UDM Law announces tuition freeze for 2015-16

UDM Law announces tuition freeze for 2015-16

  • UDM Board of Trustees approves tuition freeze for all current and incoming Law students
  • Press Release
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MCELROY LECTURE ON LAW AND RELIGION

MCELROY LECTURE ON LAW AND RELIGION

Nelson Tebbe will present the annual McElroy Lecture on March 4 at 5:00 pm. See Events Below

HANDS-ON LEARNING FROM DAY ONE

HANDS-ON LEARNING FROM DAY ONE

  • * A legal writing program that starts in the first year and continues through the upper level courses.
  • * A clinical program that entitles every student to the opportunity to represent a live client.
  • * A unique law firm program that allows students to engage in simulated cases and transactions in specific practice areas.

DEDICATED TO SOCIAL JUSTICE

DEDICATED TO SOCIAL JUSTICE

  • * Committed to developing lawyers who serve the public good
  • * Committed to serving the Detroit community
  • * Founded on Jesuit and Mercy principles of service and the success of each individual

Study Internationally

Study Internationally

  • * Dual degree program with the University of Windsor
  • * Extensive international law and comparative law courses
  • * Established relationship with Universite d"Auvergne in Clermont-Ferrand, France

EXPAND YOUR CAREER OPPORTUNITIES

EXPAND YOUR CAREER OPPORTUNITIES

  • * Downtown Detroit Location provides proximity to courts and employers
  • * Strong Alumni Network dedicated to supporting UDM graduates
  • * ability to pursue a concentration in Immigration Law

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Basic Mexican Legal Research

Structure:

Mexico is composed of thirty one "free and sovereign [sic] States" and a federal district that encompasses Mexico City (Avalos, 2000, pp. 4-5). As in the United States, the Mexican federal government consists of executive, legislative, and judicial branches (Avalos, 2000, pp. 7-9), although "[t]he legislative branch of the federal government is comprised of the Senate and the Chamber of Deputies" (Avalos, 2000, p. 8) instead of a Senate and House of Representatives.

Mexico's judicial system is overseen by the Suprema Corte de Justicia de la Nation (Avalos, 2000, p. 9). Similar to the U.S. Supreme Court, the Suprema Corte has "final appellate jurisdiction over all state and federal courts" (Avalos, 2000, p. 9). At the federal level, Mexico has both circuit and district courts (Avalos, 2000, p. 9). Mexico also has a Tax Court, Labor Court, and Military Court (Avalos, 2000, p. 10).

Under a savings clause in the 1917 Constitution, each of the thirty one states retains the power to enact its own constitution and laws, provided the laws adopted do not contradict the federal Constitution (Zamora, 2004, p.102). But the apparent analogy to the United States government and federalism falls short; Mexican federalism is generally a highly coordinated autonomy with the federal government maintaining de facto ultimate control (Zamora, 2004, p. 103).

Law:

An even more significant difference between the U.S. legal system (Louisiana notwithstanding) and Mexico is that "Mexico is a civil law country" (Olah, 2005, p. 597). But it differs from other civil law countries in that its "roots [] go back to 16th century Spanish law and to Pre-Columbian indigenous law" (Avalos, 2000, p. 1). When the conquistadores conquered Mexico, they imposed a Spanish rule of law, but retained indigenous "laws and legal institutions" that did not conflict with their own legal system (Avalos, 2000,p. 1). Spain also created new laws specific to Mexico (Avalos, 2000, p. 1). Today, however, all Mexican law is derived from the Constitution enacted in 1917, the Constitucion Politica de los Estados Unidos Mexicanos (Avalos, 2000, p. 3-4).

As a civil law country, Mexico also places a great emphasis on its legislatively created law. Legislative law encompasses statutes (leyes or estatudos) and codes (codigos), and, in some instances, executive branch decrees (Zamora, 2004, p. 81). Statutes consist of regulatory laws and ordinary laws, with regulatory laws controlling in case of conflict (Zamora, 2004, p. 81). Codes are "unitary work[s] that integrate[] all norms of a district branch of law in a systematic, comprehensive, organized, and logical manner" (Zamora, 2004, p. 81). Codes are "definitive and self-sufficient bodies of law" (Zamora, 2004, p. 81). It is assumed that legislative law will be adequate to resolve most issues that arise; therefore, statutes and codes tend to be detailed and lengthy (Avalos, 2000, p. 12).

In Mexico, codes are drafted by legal scholars. Because codes in civil law countries are developed by legal scholars, "the 'authorities' of the civil law tradition were, and continue to be legal scholars, and not judges and lawyers" (Avalos, 2000, p. 12). Accordingly, in countries like Mexico, judges and lawyers look to treatises written by prominent scholars, called doctrina, for authority, just as judges and lawyers in this country look to case law (Avalos, 2000, p. 12). Editorial Porrua publishes a series of "doctrinal treatises by the most prominent legal scholars of Mexico" (Avalos, 2000, p. 15).

Amparo suits (or jucio de amparo) are the most important type of cases heard by federal courts (Avalos, 2000, p. 10). Amparo is unique to the Mexican legal system; there is no equivalent action elsewhere (Avalos, 2000, p. 10). Essentially it is a compellation of multiple common law actions, including the writ of habeas corpus, injunction, error, mandamus, and certiorari (Avalos, 2000, p. 10).

The doctrine of stare decisis does not exist, at least in its United States' form. In Mexico, only the legislature can create new law (Avalos, 2000, p. 12-13). The Suprema Corte and federal courts can, however, "establish formally binding precedent called 'jurisprudencia'...by having five consecutive and consistent decisions on a point of law" (Avalos, 2000, p. 13). Jurisprudencia binds the courts that established it, and lower courts. If a treatise refers to jurisprudencia, it is referring to case law, not the study of law (Avalos, 2000, p. 13).

Researching Mexican Law:

Research on Mexican law begins with a code, or possibly a statute (Avalos, 2000, p. 14). Codes are published by private publishers, primarily Ediciones Andrade and Editorial Porrua (Avalos, 2000, p. 14). And some codes have been translated into English (Avalos, 2000, p.15). Once the proper code is located, scholars must locate the applicable doctrina, or interpretation of the law - the more renowned scholars are published by Editorial Porrua (Avalos, 2000, p. 16). Journals are also a good source for doctrina (Avalos, 2000, p. 16).

Once a researcher has identified the proper codes and doctrine, he or she should search for Suprema Corte jurisprudencia and tesis sobresalientes, important, but not binding decisions (Avalos, 2000, p. 16). Suprema Corte decisions are published in the Semanario Judicial de la Federacion, which is divided into series called Epocas (Avalos, 2000, p. 16-17). "The first four Epocas (1871-1910) are called 'juriprudencia historica'[, and have] no binding force [because] the current Constitution was not [yet adopted]" (Avalos, 2000, p. 17). The Semanario is difficult to use. Therefore, private publishers started publishing decisions "in more accessible formats" (Avalos, 2000, p. 17). Still, many Mexican trained lawyers skip researching jurisprudencia altogether because of its difficulty (Avalos, 2000, p. 18).

Bibliography

  • Avalos, F. (2000). The Mexican Legal System, 2nd Ed. Rothman: Littleton, CO. [KGF150 .A95 2000]
  • Olah, F. (2005-2006). Mexican Civil Code Annotated - Bilingual Edition (book review), Miami Inter-American Law Review, 37, pp. 597-610.
  • Zamora, S., et al. (2004). Mexican Law. Oxford: Oxford University Press. [KGF327 .Z36 2004]

Other Library Resources

  • Henry S. Dahl, Dahl's law dictionary = Diccionario juridico (Hein, 1992) [K52.S6 D33 1992]
  • John Henry Merryman and Rogelio Perez-Perdomo, The Civil Law Tradition: An Introduction to the Legal Systems of Europe and Latin America (3rd ed., Stanford University Press, 2007) [K585 .M47 2007]
  • Jorge A. Vargas, Mexican legal dictionary and desk reference (Thompson/West, 2003) [KGF102 .V37 2003]
  • The Federal Civil Code of Mexico (translated by J. Vargas, Thompson/West, 2005) [KGF404.32 .A52 2005]
  • Mexican commercial code annotated (translated by J. Vargas, Thompson/West, 2005) [KGF1054.31889 .V37 2005]
  • Mexican law : a treatise for legal practitioners and international investors (translated by J. Vargas, Thompson/West, 1998), vols. 1-4 [ KGF333.B86 M486 1998]

EVENTS


March 4, 2015 - McElroy Lecture on Law and Religion - UDM Law Campus

Wednesday, March 4, 2015 - 5:00 pm

Our annual McElroy Lecture provides a forum for prominent thinkers and leaders to address fundamental issues of law, religion, and society.  It seeks to educate students, legal professionals, and the public on a variety of questions related to moral philosophy, freedom of conscience, the interaction of legal and religious institutions, and the role of religion in public life.  Its goal is to encourage discussion of these issues in our community and deepen our understanding of them.  This year's lecturer is Professor Nelson Tebbe of Brooklyn Law School.  His topic is "Religion and Social Coherentism: A Progressive Theory of Religious Freedom."  The lecture will be held on Wednesday, March 4, from 5:00 – 6:00 p.m. in Room 226 of the School of Law, followed by a complimentary reception in the atrium. Complimentary parking will be available in the Blue Cross Blue Shield of MI parking garage nearby at 611 Congress Street. Additional details may be found in the Event Flyer.

2015 McElroy Lecture Press Release

Register for Lecture Online


March 14, 2015 - Prospective Student Open House - UDM Law Campus

Saturday, March 14, 2015 - 9:15 am

Find out why men and women have been choosing UDM Law for over 100 years for their legal education.  Learn how UDM Law not only teaches you the law, but teaches you how to be a lawyer.  Through your education here, you will become a lawyer who makes a difference in your workplace and your community.  

Attendees will have the opportunity to tour the campus and speak with admissions representatives, faculty, and current students.  

NEWS

  • DUAL JD STUDENT CHRISTOPHER MACAULAY TAKES TOP HONORS IN NIAGARA INTERNATIONAL MOOT COURT COMPETITION

    Dual JD student Christopher Macaulay competed in the 2015 Niagara International Moot Court Competition in Washington, D.C., as a member of the University of Windsor team.  The team placed first overall in the competition, Christopher won Fourth Best Advocate, and the team won awards for Best Team Applicant Argument Runner-Up and Best Team Applicant Memorial (tied for first place).  The problem dealt with immigration, human rights, and Great Lakes environmental law issues.

  • PROFESSOR BROUGHTON TO PRESENT AT SYMPOSIUM ON THE DEATH PENALTY DEBATE IN THE UNITED STATES

    Professor J. Richard Broughton will present at a symposium hosted by the Journal of Public Law and Policy at Hamline University School of Law in Saint Paul, MN, on March 27 entitled, “The Death Penalty Debate in America:  Effectiveness, Fairness, Constitutionality, and Other Considerations.”  This symposium will gather scholars, policy makers, activists, and community members to discuss capital punishment in America both at the state and federal level.  Professor Broughton will discuss various constitutional and policy arguments in favor of capital punishment.

  • UDM SCHOOL OF LAW ANNOUNCES TUITION FREEZE FOR 2015 – 16

    UDM Law will freeze tuition for all current and incoming students for the 2015 – 2016 academic year. "At UDM Law, we are committed to the success of each student," said UDM School of Law Dean Phyllis L. Crocker. "Our hope is that freezing tuition at current levels will relieve some of the financial burden on our students."

    Eyad Fakhoury, a third-year law student and President of the Student Bar Association, commented on the School's announcement: "A tuition freeze is a step in the right direction and is very important to UDM Law students because it alleviates one of our many concerns and stresses of law school. It is essential for our students to plan ahead with budgets, and this tuition freeze makes our legal education more affordable and predictable. This freeze shows UDM Law's focus on the lowest cost, highest value education."

    Press Release

  • PROFESSOR BROUGHTON COMMENTS IN LAW360 ON ALABAMA CHIEF JUSTICE'S STAND AGAINST SAME-SEX MARRIAGE

    On February 9, Professor J. Richard Broughton commented in Law360, a national legal news service, on Alabama Chief Justice Roy S. Moore's decision to order local probate judges to deny marriage licenses to same-sex couples despite the U.S. Supreme Court's refusal to stay the unions.

    Ala. Chief Justice Risking Seat With Same-Sex Marriage Stand, Feb. 9, 2015, Law360

  • UDM Law Warming Center Clinic on Tenant Rights

    Thirteen UDM first-year law students assisted attorneys from Legal Aid and Defender Association, Neighborhood Legal Services, and Detroit Center for Family Advocacy at a Clinic UDM Law hosted at Ss. Peter & Paul Jesuit Warming Center on January 15.  The students and attorneys provided information and individual consultations to 35 guests on housing related matters.  Additionally, Sydney Booth ('14), a participant in UDM's Solo and Small Firm Incubator Program, introduced her newly formed law firm, Rushing Law, and conducted a short presentation on Criminal Expungement.  

    >>

  • PROFESSOR DUBIN COMMENTS ON HIGH PROFILE CASES IN THE NEWS

    Professor Larry Dubin recently commented in The Detroit News on two high profile federal cases.  First, he discussed the DeBoer case, which challenges Michigan's ban on same-sex marriage as unconstitutional.  The U.S. Supreme Court ruled on January 16 that it would accept the case.  Professor Dubin stated in part, "Public opinion has shifted greatly, making this an issue that needs to be resolved due to the conflicting federal law that now exists."

    On January 23 and 25, Professor Dubin discussed the Kazan case, in which a Muslim woman filed suit against the City of Dearborn Heights and its police department, alleging that her constitutional rights were violated when she was forced to remove her hijab when she was booked by a male officer for a traffic violation.  Professor Dubin noted that the case involves conflicting rights:  "Ms. Kazan is entitled under the First Amendment protection of her religious beliefs including the wearing of a hijab, which may cover part of her face.  However, the police have the right to process a person who is being arrested."

    Justices to rule on same-sex marriage, Jan. 16, 2015, The Detroit News (quoting Prof. Lawrence Dubin)

    Woman sues Dearborn Heights for forced hijab removal, Jan. 23, 2015, The Detroit News (quoting Prof. Lawrence Dubin)

    Meet the Women Suing a Michigan Police Department and Standing Up Against Islamophobia, Jan. 25, 2015, Mic Network (quoting Prof. Lawrence Dubin)