Stephen Tierney

We know that American law evolved from English common law. But how? And what of Scots law, with its distinct Roman law origins? Did legal traditions from Scotland also cross the Atlantic? Professor Tierney, a legal adviser to the UK government and professor of constitutional theory, will explore the captivating history – amusing in some ways, alarming in others – that shaped the US legal framework. This presentation will recount the evolution of common law and civil law from feudal origins, pivotal historical events, landmark court cases, and revolutionary reforms that changed everything. We’ll then hear about a range of differences in English, Scottish, and American law. With that, you’ll be ready to start walking the streets of Edinburgh without getting sued or arrested!

Things are also different once you get to court in the UK. First, there’s the judges. Professor Tierney, Board Member of the Scotland Judicial Appointments Board, will discuss how Scotland’s judicial appointments are entirely different than in the US, and less controversial. Instead of presidential appointments and a major role for the US Senate, how about an independent body composed largely of lay people? How would that play in America?

And then there’s the juries. Did you know that Scottish criminal courts consider three possible verdicts? Hear about the ‘not proven’ verdict and its resulting controversy. We’ll also explore evidence rules, hearsay, trial procedure, the protection of vulnerable witnesses, and proposals to dispense with juries altogether in some criminal cases.

Who from Edinburgh signed the American Declaration of Independence? Who eloped from Scotland to America with an Edinburgh lawyer? Who handed the presidential keys to George Washington? Which Edinburgh churchyard sparked the British revolution against King Charles I?

Professor Tierney, founding Director of the Edinburgh Centre for Constitutional Law, will delve into the fascinating world of constitutions. Discover the profound influence of the UK constitution on the formation of the American Declaration of Independence, and the Scots who played vital roles in American revolutionary history. Before we’re done, you’ll know all the legal landmarks in Edinburgh you should visit!

Ethics are ethics, right? But malpractice standards are the rules of our legal profession, and they vary by jurisdiction. We’ll discuss overlap and differences, as well as strategies for malpractice mitigation and prevention. For example, did you know that American personal injury lawyers can avoid liability for their clients’ tax and financial issues by getting informed consent to a “limited scope engagement”? This presentation will address issues of client communication, conflicts of interest, confidentiality, and attorney-client privilege.

Brexit didn’t stop immigration, but things are certainly different. Labor migration is down, while student migration is up, and the UK just passed the Illegal Migration Bill. This presentation will focus on US-UK immigration, and address how the UK still has to work with the European Union on migration issues. We’ll discuss everything from green cards to work visas, impacts on spouses, and even deportation. Plus a number of odd situations and “lessons to learn” from around the world. We’ll hear about this from Professor Tierney, legal adviser to the UK House Of Lords Constitution Committee on its recent report on the UK Illegal Migration Bill.