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NEWSLETTER<br />

Inhouse News for Alumni and Friends of the <strong>Bucerius</strong> <strong>Law</strong> <strong>School</strong><br />

September 2007 page 1<br />

EDITORIAL<br />

Dear Friends of the <strong>Bucerius</strong> <strong>Law</strong> <strong>School</strong>,<br />

A summer without stable weather and – alas – without<br />

the FIFA World Cup! This is the land and city that we<br />

know and love. Hamburg and <strong>Bucerius</strong> <strong>Law</strong> <strong>School</strong> are<br />

always a treat when we are blessed with summer<br />

weather. Whoever spends time on our campus or returns<br />

to it after traveling will be well entertained. The same<br />

applies to this <strong>newsletter</strong>. The reader can learn about the<br />

sailing cup and the first MLB graduation ceremony, where<br />

participants from all over the world were awarded their<br />

master degree. Merchandising introduced a new collection<br />

line. The ZEIT-Stiftung’s week long “Schülercampus<br />

Jura 2007“ turned fifty soon-to-be high school graduates<br />

into an enthusiastic study group. Students, staff and professors<br />

of the <strong>Bucerius</strong> <strong>Law</strong> <strong>School</strong> actively participated in<br />

the Schülercampus inspiring the young participants. The<br />

China programs in Beijing, Shanghai und Souzhou are in<br />

full swing. For the first time, a training course to specialize<br />

in tax law was held at the <strong>Law</strong> <strong>School</strong>. It was organized<br />

by the “Deutsches Anwaltsinstitut” (German Legal<br />

Institute). Our <strong>School</strong> remains full of life. In spite of the<br />

hard work on essays for the state examination, dissertations<br />

and exam preparatory courses, there is a festive<br />

spirit on the campus. The <strong>newsletter</strong>, in my opinion,<br />

represents this. While all this is happening, we are already<br />

rushing on to the next events, especially looking forward<br />

to the festive reception of the new entering class.<br />

I hope our readers share my enjoyment in reading the<br />

<strong>newsletter</strong>.<br />

Yours,<br />

Karsten Schmidt<br />

President<br />

CONGRATULATIONS TO THE FIRST MASTER OF LAW AND BUSINESS GRADUATES!<br />

Avoka Awenlinbilla, Ghana<br />

Nadia Derar, Egypt<br />

Laila El Shentenawi, Egypt<br />

Rodrigo Hart, Peru<br />

Ana Kersevan, Slovenia<br />

Tamás Kolnhofer, Hungary<br />

Fabian Lieschke, Germany<br />

Allen Lin, USA<br />

Shobhan M.P., India<br />

Neema Mwingu, Tanzania<br />

Euridice Palma, Mexico<br />

Vaneeta Patnaik, India<br />

Manpreet Sabharwal, England<br />

Maximilian Schwaiger, Germany<br />

Stefan Stefanov, Bulgaria<br />

Fanuel Uugwanga, Namibia<br />

Alexander Wulf, Germany<br />

Dongzhen Yu, P.R. China<br />

Weijun Zeng, P.R. China<br />

Ziwei Zhu, P.R. China


NEWSLETTER<br />

Inhouse News for Alumni and Friends of the <strong>Bucerius</strong> <strong>Law</strong> <strong>School</strong><br />

September 2007 page 2<br />

FIRST MASTER GRADUATES<br />

First MLB Class Honored<br />

by Maite Anna Bäurle, Marketing und Student Services MLB Program<br />

On Tuesday, August 28, 2007, the <strong>Bucerius</strong> <strong>Law</strong> <strong>School</strong><br />

and the WHU – Otto Beisheim <strong>School</strong> of Management<br />

awarded the first class of the Master of <strong>Law</strong> and Business<br />

Program (“MLB“) their degrees. The 20 graduates were<br />

honored in the auditorium of the <strong>Bucerius</strong> <strong>Law</strong> <strong>School</strong>.<br />

The graduates were visibly proud of their newly awarded<br />

degrees. As tradition dictates, the caps were thrown into<br />

the air at the conclusion of the ceremony.<br />

Hariolf Wenzler, CEO of both the <strong>Bucerius</strong> <strong>Law</strong> <strong>School</strong> and<br />

the Master of <strong>Law</strong> and Business Program, narrated the<br />

ceremony. Karsten Schmidt, President of the <strong>Bucerius</strong><br />

<strong>Law</strong> <strong>School</strong>, Klaus Brockhoff, Chairman of the WHU Board<br />

of Trustees and Wenzler were clearly pleased with the<br />

development of the program from the beginning vision to<br />

the first graduation ceremony. Rainer Heydenreich, Vice-<br />

Chairman of the UBS Deutschland AG, not only congratulated<br />

the graduates but also their families, who had arrived<br />

from all corners of the world. He expressed the wish<br />

that one day, he would see his children on the same<br />

stage. During his keynote speech, Andreas Nick, Managing<br />

Director and Head of Mergers & Acquisitions at Sal.<br />

Oppenheim jr. & Cie. KgaA, discussed the interplay of law<br />

and business in a global context during his keynote<br />

INTERNATIONAL EXCHANGE PROGRAM 2007 STARTED<br />

speech. He further emphasized the necessity of accepting<br />

social responsibility in both professional and private life.<br />

Clifford Larsen, Dean of the MLB and UBS Professor of<br />

<strong>Law</strong>, recognized the people responsible for successfully<br />

implementing the underlying concept of the Program: The<br />

Boards of Trustees, sponsors, lecturers, staff, parents<br />

and, of course, the students. Markus Rudolf, Program<br />

Director and Dresdner Bank Professor of Finance, charmingly<br />

outlined special characteristic traits of the “pioneers“<br />

from 14 countries. Fabian Lieschke, student representative<br />

for the MLB class, also referred to the intercultural<br />

exchange. This cultural exchange is evident in the<br />

MLB Image Film that was produced especially for this<br />

program. Before the 45 participants of the “Class of 2008“<br />

(from 27 countries) were called onto the stage, Lieschke<br />

appealed to them to continue to foster the special nature<br />

of the program. After a year of intensive study, experiences<br />

gained during the required internship and a master’s<br />

thesis, diverse futures are open to the graduates:<br />

Some have already signed employment contracts in Germany<br />

or abroad, others will return – at more favorable<br />

conditions - to their previous employers, still others will<br />

continue on the academic path and start their Ph.D. studies.<br />

The <strong>Bucerius</strong> <strong>Law</strong> <strong>School</strong> hopes that the alumni will<br />

stay in touch with each other and the universities through<br />

the respective alumni organizations, and also looks forward<br />

to the new MLB class!<br />

On August 30, 2007 the sixth International<br />

Exchange Program started with<br />

69 guest students from 16 countries.<br />

They come from Argentina, Australia,<br />

Canada, China, Great Britain, Israel,<br />

Italy, India, Greece, New Zealand, the<br />

Netherlands, South Africa, South Korea,<br />

Sweden, Turkey and the USA.<br />

The International Program began with<br />

its traditional two-day Orientation Program,<br />

not only a time during which visa<br />

matters, city registration and academic<br />

advising were addressed, but also an


NEWSLETTER<br />

Inhouse News for Alumni and Friends of the <strong>Bucerius</strong> <strong>Law</strong> <strong>School</strong><br />

September 2007 page 3<br />

important opportunity for guest students and the German<br />

students to get acquainted.<br />

For the International Program this year, we have the privilege<br />

to welcome the following guest professors and legal<br />

practitioners: Yesim Atamer (Istanbul Bilgi University),<br />

Stathis Banakas (Lecturer in <strong>Law</strong>, University of East Anglia<br />

Norwich <strong>Law</strong> <strong>School</strong>), John Barceló III. (Cornell University),<br />

Dana Beldiman (Santa Clara University and Carroll Burdick<br />

and McDonough LLP), Tobias Bender (Graf von Westphalen<br />

LLP), Thomas Bruha (Professor of <strong>Law</strong>, University<br />

of Hamburg), David Clark (Willamette University), James<br />

Hanks (Venable LLP), Peter Hay (Professor of <strong>Law</strong>, Emory<br />

University), Lars Kirchhoff (Ade, Gläßer, Kirchhoff, Olbrisch<br />

– Kanzlei für Mediation), Robert Mundheim (Shearman<br />

Sterling LLP). Stefan Oeter (Professor of <strong>Law</strong>, University of<br />

Hamburg), Amos Shapira (Tel Aviv University).<br />

The German <strong>Law</strong> Survey Course is being held by <strong>Bucerius</strong><br />

<strong>Law</strong> <strong>School</strong> faculty members Michael Fehling, Florian<br />

Faust, Hermann Pünder, Karsten Thorn, Birgit Weitemeyer<br />

and visiting lecturer Lutz Eidam (University of Frankfurt).<br />

Furthermore, the <strong>Bucerius</strong> professors Karsten Thorn, Axel<br />

Kämmerer are teaching their LL.B. courses in English<br />

allowing the exchange students to participate in their<br />

courses.<br />

During their semester at <strong>Bucerius</strong> students will have the<br />

option to take part in a series of extracurricular activities,<br />

such as a five-day study trip to Berlin and Potsdam,<br />

guided walking tours through Hamburg and Luebeck, a<br />

visit of the former Concentration Camp Neuengamme, a<br />

visit to the International Tribunal for the <strong>Law</strong> of the Sea<br />

and two guided tours through the current exhibitions of<br />

the <strong>Bucerius</strong> Art Forum.<br />

We warmly welcome the international exchange students<br />

and wish them an academically and personally enhancing<br />

time at <strong>Bucerius</strong> and in Hamburg.<br />

RESEARCH AND ACADEMIA<br />

SEMINARS IN CHINA<br />

<strong>Bucerius</strong> <strong>Law</strong> <strong>School</strong> in Suzhou and Beijing<br />

For the fourth consecutive year, the <strong>Bucerius</strong> <strong>Law</strong><br />

<strong>School</strong> has offered advanced legal training courses in<br />

China. The “Workshop in international business transactions<br />

with Chinese characteristics“ was held in Suzhou<br />

from July 16 to August 3, 2007. The seminar is a joint<br />

offering of the <strong>Bucerius</strong> <strong>Law</strong> <strong>School</strong>, Cornell <strong>Law</strong> <strong>School</strong><br />

(Ithaca, USA) and the Kenneth Wang <strong>Law</strong> <strong>School</strong> (Suzhou,<br />

China). <strong>Law</strong> school students from China, the USA and<br />

Europe worked together in multinational teams. The<br />

teams represented the interests of hypothetical Chinese,<br />

US American and European clients in various fictitious<br />

business transactions.<br />

During the summer seminar offered by the <strong>Bucerius</strong> <strong>Law</strong><br />

<strong>School</strong> in Beijing, 39 selected lawyers and junior scholars<br />

from Chinese and international law faculties, law firms<br />

and businesses received additional training in commercial<br />

law. The seminar was held from August 6 to August 15,<br />

2007. The local partner, the Institute of <strong>Law</strong> of the Chinese<br />

Academy of Social Sciences (“CASS”), also advises<br />

the Chinese Government in matters regarding the development<br />

of legal practices and laws.<br />

There is great demand for qualified Chinese lawyers who<br />

speak English and are knowledgeable about international


NEWSLETTER<br />

Inhouse News for Alumni and Friends of the <strong>Bucerius</strong> <strong>Law</strong> <strong>School</strong><br />

September 2007 page 4<br />

commercial law. Said lawyers are highly desired by many<br />

of the local companies and law firms. Through the initial<br />

sponsorship of the ZEIT Foundation, the summer school in<br />

Beijing has developed into a competitive educational<br />

training opportunity on the Chinese market.<br />

DOCTORATES COMPLETED<br />

Dissertation in Legal Risks for Insolvency<br />

Administrators<br />

After successfully completing his oral examinations on<br />

July 27, 2007, a doctorate was conferred on Frank Biermann<br />

for a dissertation on the legal risks of being an<br />

insolvency administrator. His dissertation was supervised<br />

by Professor Erich Samson.<br />

Topics dealt with in the dissertation include, among other<br />

things, the question of the transfer of special criminal<br />

responsibilities to the insolvency administrator pursuant<br />

to paragraph 14 of the German penal code as well as<br />

inquiry into the culpability of the administrator. For instance,<br />

the facts of the case are checked by testing for<br />

suspected embezzlement.<br />

Dissertation in Corporate Right of Co-<br />

Determination<br />

After successfully completing his oral examinations on<br />

July 24, 2007, a doctorate was conferred on Mathias Bock<br />

for his dissertation on the corporate right of codetermination<br />

in the Societas Europaea (“SE”). After the<br />

European lawmakers adopted the SE as the first limited<br />

liability company form based on European law, a number<br />

of pressing problems arise in the area of codetermination.<br />

The form of co-determination known in<br />

Germany is met with refusal aboard. Albeit codetermination<br />

must still be applied according to the statutes<br />

of the SE even and especially when foreign and<br />

German founding partners are represented in the SE. This<br />

is true as far as no alternative agreements have been<br />

reached between the employers and employees. The<br />

author further explores whether or not the forced transfer<br />

of co-determination to the SE represents a violation of<br />

European contract law, in particular the right of establishment<br />

contained in section 43 of the EC. As the founding<br />

of a SE represents a cross-border case in the opinion<br />

of the author, he considers it a breach of European Contract<br />

<strong>Law</strong>. He sees the legal basis for such an infringement<br />

as being contained in the German co-determination<br />

laws and supports the harmonization of the standards by<br />

moving from equal representation (50 %) to the more<br />

commonly applied one-third representation. One-third<br />

representation is widely accepted in Europe. The dissertation<br />

was supervised by Professor Matthias Jacobs (Chair<br />

for Civil <strong>Law</strong>, Labor <strong>Law</strong> and <strong>Law</strong> of Civil Procedure).<br />

STUDENT LIFE<br />

THIRD PLACE IN SAILING<br />

Presidential Cup of the Hamburg Universities<br />

by Yorck Frese, Student<br />

O ver the past years, the Presidential Cup of the Hamburg<br />

universities has become a fixed component of<br />

sailing activities in the summer. “Hochschulsport” provides<br />

the sailboats that the Hamburg universities and<br />

their faculties use to compete against each other on the<br />

Alster; whereas at least one team member must be a<br />

member of the executive board of the university.


NEWSLETTER<br />

Inhouse News for Alumni and Friends of the <strong>Bucerius</strong> <strong>Law</strong> <strong>School</strong><br />

September 2007 page 5<br />

This year the <strong>Bucerius</strong> <strong>Law</strong> <strong>School</strong> team was the defending<br />

champion with Hariolf Wenzler for the first time as<br />

captain. He is the CEO of <strong>Bucerius</strong> <strong>Law</strong> <strong>School</strong> since 2007.<br />

The wind was blowing around two to three beaufort, the<br />

rain clouds circumvented the Alster, making it a perfect<br />

day for sailing.<br />

After an exciting race, <strong>Bucerius</strong> <strong>Law</strong> <strong>School</strong> finished third.<br />

They will be back again next year after having trained<br />

intensely on perhaps their own <strong>Law</strong> <strong>School</strong> sailboat?<br />

<strong>Bucerius</strong> <strong>Law</strong> <strong>School</strong>’s Sailing Team<br />

BUCERIUS EDUCATION GMBH<br />

ILEC Certificates Awarded<br />

by Natja Rühl, Program Manager<br />

On August 6, 2007, the certificates for the International<br />

Legal English Certificate („ILEC“) test were ceremoniously<br />

awarded in the Hamburg offices of the law firm Freshfields<br />

Bruckhaus Deringer. The participants were seven<br />

lawyers from the law firm as well as four of <strong>Bucerius</strong> <strong>Law</strong><br />

<strong>School</strong>’s research assistants. They had all attended the inhouse<br />

seminar<br />

“Legal English and Contract Drafting“ offered by the <strong>Bucerius</strong><br />

Education GmbH. According to the recently released<br />

results, the German candidates passed the test with flying<br />

colors. ILEC examines the English legal language<br />

knowledge that lawyers working in an international field<br />

need in their daily professional lives. The test takes four<br />

hours. The four basic language skills were tested: listening,<br />

reading, speaking and writing. ILEC certifies language<br />

skills at the level B2 or C1 in accordance with the Common<br />

European Framework of Reference for Languages<br />

(“CEFR”). James Faulkner, Director <strong>Bucerius</strong> <strong>Law</strong><br />

<strong>School</strong> Legal Language Program, taught the preparatory<br />

classes and administered the test.<br />

IMPORTANT DATES<br />

Events held at the <strong>Bucerius</strong> <strong>Law</strong> <strong>School</strong><br />

SEPTEMBER<br />

• On Friday, September 28, 2007, at 11:00 a.m., the<br />

Commencement Ceremony for the entering class<br />

of 2007 will take place at the Hamburg Chamber of<br />

Commerce. As in the past year, all of those who have<br />

passed their First State Examination or obtained their<br />

doctorate or their post-doctorate qualification will be<br />

congratulated on their achievements. In addition, the<br />

new entering class, the international students and<br />

the Master’s Students will be welcomed. The keynote<br />

speaker is Dr. Klaus von Dohnanyi, former Mayor of<br />

the Free and Hanseatic City of Hamburg. The award<br />

for juridicial excellence and notable social engagement<br />

will be conferred. Afterwards the ZEIT-Stiftung<br />

Ebelin und Gerd <strong>Bucerius</strong> officially inaugurates the<br />

“<strong>Bucerius</strong> Center for Graduate Studies –<br />

Deutsche Bank Hall“ at <strong>Bucerius</strong> <strong>Law</strong> <strong>School</strong>. For<br />

further information, please contact Maike Lütkens,<br />

Director, <strong>Bucerius</strong> Event, at maike.luetkens@lawschool.de.<br />

• Likewise on Friday, September 28, 2007, friends<br />

and sponsors of <strong>Bucerius</strong> <strong>Law</strong> <strong>School</strong> are invited to a<br />

private opening of the Goßlerhaus in Hamburg<br />

Blankenese at 7 p.m. For further information, please<br />

contact Maike Lütkens, Director, <strong>Bucerius</strong> Event, at<br />

maike.luetkens@law-school.de.


NEWSLETTER<br />

Inhouse News for Alumni and Friends of the <strong>Bucerius</strong> <strong>Law</strong> <strong>School</strong><br />

September 2007 page 6<br />

Events organized by the Institute for Foundation<br />

<strong>Law</strong> and the <strong>Law</strong> of Non-Profit Organizations<br />

SEPTEMBER<br />

• On September 27, 2007, the Institute for Foundation<br />

<strong>Law</strong> and the <strong>Law</strong> of Non-Profit Organizations<br />

is extending an invitation to a Discussion about:<br />

“Foundations in Europe – are we on the path to<br />

establishing a European Foundation?“ Hanna<br />

Surmatz, Legal Counsel in the European Foundation<br />

Centre, Brüssel, will explore to what extent the<br />

current initiatives might be successful in creating a<br />

supranational European Foundation. She will also address<br />

whether the European Commission will strive<br />

to “coordinate“ the fiscal status of charitable organizations.<br />

The discussion takes place in the Lovells lecture<br />

hall at 6 p.m. Registration is possible through<br />

Gudrun Schmid (at gudrun.schmid@law-school.de) or<br />

by fax at (040) 3 07 06 – 275.<br />

Editorial<br />

<strong>Bucerius</strong> <strong>Law</strong> <strong>School</strong><br />

Hochschule für Rechtswissenschaft<br />

<strong>Law</strong> <strong>School</strong> Management<br />

Karsten Schmidt, President<br />

Hariolf Wenzler, CEO<br />

Doris König, Vice President<br />

Jungiusstraße 6<br />

20355 Hamburg<br />

Editing and Contact:<br />

Birte Gall<br />

International Exchange Program, Director<br />

birte.gall@law-school.de<br />

Translation:<br />

Aimee Mattimoe

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