Fall 2008 - Cumberland School of Law - Samford University

An Inside Look at theMaster of Comparative Law Program:
An International Pro Bono Publico Success
by Charles D. Cole
I. Introduction
Private universities very seldom offer international
outreach educational programs for
the public benefit. Cumberland School of
Law at Samford University conducts a
Master of Comparative Law [M.C.L.]
Program for international legal scholars
which allows international judges, law professors,
lawyers, and prosecutors to study at
Samford University’s Birmingham campus
and study-abroad programs conducted by
Cumberland School of Law for two
academic summer (June/July) semesters.
Following successful completion of the 16
hours of class work required, candidates
submit an acceptable thesis to obtain the
M.C.L. degree.
The phrase “pro bono publico” is generally
defined as that which is “for the public good;
for the welfare of the whole.” 1 The general
definition as used in the title is entirely
appropriate to describe the nature of
Samford’s M.C.L. Program. Samford provides
tuition scholarships to qualified M.C.L.
candidates to facilitate their participation in
graduate legal education.The program is an
outreach to our international colleagues
which provides a substantive opportunity to
become aware of American legal education,
as well as the state and federal judicial systems
in the United States. Participation in
Samford’s M.C.L. Program is limited to
international scholars who have graduated
from accredited law schools in their country
of origin or residence. M.C.L. candidates
must be proficient in both speaking
and writing English.The program allows
M.C.L. candidates who cannot spend a year
in residence out of their country an opportunity
to participate in graduate education
while continuing their careers.
II. History of the M.C.L. Program
Cumberland School of Law began the
initiative to establish the M.C.L. Program in
March, 1988, when Professor Charles D.
“Bo” Cole of the Cumberland School of
Law faculty was invited to São Paulo,
Brazil, to serve as a presenter in a conference
entitled “The International Meeting—
Brazil and the United States,” conducted at
the University of São Paulo Law School,
with financial aid facilitated by the
American Consulate in São Paulo. 2
Cole spent two weeks with the
Brazilian judiciary in 1988 and has been
invited to return to Brazil and offer
programs concerning legal topics relating to
the American justice systems, federal and
state, each year following the initial trip.
During these 19 years, Cole offered
conferences in São Paulo at the School for
Magistrates, the Tribunal Justicia (the
Supreme Court of São Paulo State), the
Criminal and Civil Courts of Appeal of São
Paulo State, the law schools of the
University of MacKenzie, the University of
Mogi das Cruzes, the University of São
Paulo and the Faculdades Metropolitinas
Unidas. Cole also lectured at courts and
universities located in Brazilia, Rio de
Janeiro, Porto Alegre, Ribeirao Preto, Belém
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and Belo Horizonte, Brazil.
Cole and Cumberland School of Law
Dean Parham H.Williams traveled to São
Paulo in 1991 offering conferences at the
School for Magistrates, and the law schools
of the University of MacKenzie and Mogi
das Cruzes, as well as numerous court sites
at both the trial and appellate levels in São
Paulo City. Cole and Judge William Bowen
of the Alabama Court of Criminal Appeals
lectured in Brazil in 1992 and 1993 at the
School for Magistrates and the Faculdades
Metropolitanas Unidas law school (now
UniFMU) in São Paulo. Cumberland
School of Law Dean Barry Currier
accompanied Cole to São Paulo in April,
1997 for presentations treating due process
of law in the United States at UniFMU.
Cumberland School of Law Adjunct
Professor W. Scott Simpson joined Cole for
numerous São Paulo presentations concerning
alternative dispute resolution
[ADR] in federal and state courts in the
United States in 2004.The presentations
concerning ADR by Cole and Simpson
served as the basis for pilot ADR programs
in São Paulo and courses which are currently
offered in the São Paulo Judges
College by Samford M.C.L. graduates.
Numerous Cumberland School of
Law alumni have also contributed to the
school’s international programs over the
years. Six alumni have served on the faculty
for one or more of our study-abroad
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