FACULTY PROFESSIONAL LEAVE PROGRAM
                Attachment to Application Form (Academic Year 1995-96)

                                          PROPOSAL

          1. Objectives: (a) To write the public law section of a third
          edition of The Civil Law System, and (b) to write an article
          offering a definitive treatment of the relationship between the
          two French "supreme courts," the Conseil constitutionnel and the
          Conseil d'6tat.  The second edition of The Civil Law System has
          been the preeminent text on the subject and I have been invited
          to write the public law section (approximately 1/3 of the book)
          for the new edition.  Since I teach and write in the area of
          comparative law, specifically about the French system of civil
          law, this project should assist me in being current in exactly
          that field in which I teach and write.  The resulting book should
          be the major reference work in the area.  The Civil Law System,
          though over ten years out of date, is still regularly cited in
          all the major law reviews as a primary source, rather than as a
          text.
               The article is planned as the nucleus of the work which will
          eventually become my contribution to the book.  The article alone
          would represent a profitable sabbatical, but because of the
          invitation to work on the book, and the overlap between the two,
          I hope to be able to compound my work into more than what would
          ordinarily be accomplished.

          2.                              Outline
               A. Purposes and limits of codification--a historical
          overview.
               B. International developments, including conventions which
          effectively grafted onto both civil and common law systems
          modifications which may be difficult to categorize as either one
          or the other, altering the purposes and limits of codification.
               C. Mid-twentieth century views on the purposes and limits of
          codification, from both continental and common law perspectives,
          including law and economics, critical legal studies, and their
          European counterparts.
               D. The Constitution of 1958 and its treatment during the
          last almost four decades, including during the socialist period,
          the so-called cohabitation years, and the more recent
          conservative period.
               E. The conseil constitutionnel and its historic adventure
          towards a form of substantive constitutional review, including
          the decisions of the past twenty years.
               F. How the "general principles" have been shared by both the
          conseil constitutionnel and the conseil dletat.
               G. The jurisprudence of the conseil dletat including
          especially the developing relationship between the conseil dletat
          and the conseil constitutionnel.
               H. Conclusion, Comparative Excursus, and Predictions.

          3. I expect the book and at least one article to be published.
          Cambridge University Press has agreed to negotiate a contract
          with myself and the three authors of the other sections of the


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