Drafting Legislation for Emerging Countries (3 credits)

This course will look at the issues and solutions for drafting legislation for new and emerging countries. Objectives for this course include (1) understanding the forms and conventions of legislative drafting, (2) learning to conceptualize legislative solutions to social problems, and (3) appreciating the relationship between legislative drafting and substantive policy.

In this effort, the course will look at the manner in which policy and procedure for enacting laws for emerging countries are identified, and then implemented through proposed legislation.  The interplay between local norms and existing international  standards of best practice in a substantive area of law will also be examined.  Particular care will be taken in developing the skills necessary to produce precise drafting.

In all respects, the class will be informed by the fact that Professor Markell has been asked to draft a new Bankruptcy Code for Kosovo (a former Yugoslavian republic which declared independence in 2008), with a charge to draft a statute that is in accord with international best practices for bankruptcy and insolvency statutes generally.  During the course of the class, Professor Markell will be developing and submitting drafts of the new law, and may be traveling to Kosovo to meet with local officials.  Because of the commercial nature of this assignment, and thus the commercial focus of the course (and the need to assimilate and learn international best practices in bankruptcy), a course in Bankruptcy or an advanced course in commercial law (Sales, Payment Systems, Secured Credit, or equivalent) is a prerequisite or a corequisite.  Enrollment will be limited to 12 students.

Grading will be based on a paper, the topic of which will be chosen by the student.

Course textbook:  Legislative Drafter’s Deskbook. Tobias A. Dorsey. The Capitol Net. Alexandria VA. 2006 (ISBN-10: 1587332094 | ISBN-13: 978-1587332098)

Prerequisites: Bankruptcy or any advance commercial course.