newsletter - Bucerius Law School
newsletter - Bucerius Law School
newsletter - Bucerius Law School
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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