Type of Credit: Elective
Credit(s)
Number of Students
須修過「商事法總論與公司法」以及「證券交易法」課程。
This course will focus on the comparison of landmark securities cases between Taiwan and the United States. The course offers an overview of the comparative legal method between civil law and common law, and how the court decisions can help to develop legal doctrine in securities regulations. This course has three goals: First, it seeks to expose students to the different legal systems of the world. Second, this course provides students with the tools to carry on an efficient comparison of securities regulations between two legal systems. Third, after taking this course, students will develop the capability to look for possible solutions for the legal issues of securities offering and trading activities.
能力項目說明
Each team of students will be assigned a topic on corporate law and securities regulations issues. The instructor will provide landmark cases for each topic decided by the courts, and students are required to make case briefs which include the facts, issues, holdings and reasoning for these cases, as well as making briefs on the legal doctrine from these cases. The students are also required to engage in legal research to figure out the development for these specific issues after the cases have been assigned. Additionally, the students will be required to search for court decisions made in Taiwan with similar issues and brief the facts, issues, holdings and reasoning as well. Finally, students are required to compare and contrast the laws and court decisions made in Taiwan and the United States for those cases to find worthwhile references for Taiwan and put forward opinions on how to improve the laws and court decisions in Taiwan for those specific issues. Students are required to write a short essay for this class and do an oral presentation. The essay shall be provided to other students who are taking the course for reading and generating questions in advance, and then, through the discussions and question-and-answer periods of the presentations, students will develop a deeper understanding and more complete analytical ability regarding the related issues. Students will have advanced their proficiency in extracting rules and policy from cases, statutes, and administrative regulations and in analyzing, interpreting, arguing and differing interpretations of rules and statutes.
In order to assist students in completing the above-mentioned essay, the first half of the semester will introduce the jurisdiction and relevant law and regulations of the US regarding corporate law and securities regulations. The instructor will also demonstrate the methodologies for doing legal research on US law and on other legal materials, as well as demonstrate how to read court decisions and how to do a complete analysis on those decisions.
| 教學週次Course Week | 彈性補充教學週次Flexible Supplemental Instruction Week | 彈性補充教學類別Flexible Supplemental Instruction Type |
|---|---|---|
|
Topic/Subject |
Time |
|
Chapter 1: Principle of Stare Decisis and US Legal System
|
2 Weeks |
|
Chapter 2: Corporate Law and Securities Regulation
|
3 Weeks |
|
Chapter 3: Legal Research and Case Studying
|
3 Weeks |
|
Chapter 4: Presentation
|
7 Weeks |
Class Participation: 40%
Essay and Presentation: 40%
Attendance: 20%
Reference materials will be distributed in class.