French law students embrace common law; Le Havre confronts modern environmentalism, slave history

Le Havre, France

Our cultural and legal understanding of reputation and privacy are among the countless features of the social contract undergoing rapid evolution in the Trump political era, in Europe as well as the United States.

(All images by RJ Peltz-Steele CC BY-NC-SA 4.0 with no claim to underlying content.) 

Once a fringe area of tort law to which most new lawyers had no exposure at all in law school, defamation and privacy have taken center stage in society, in part thanks to their weaponization in polarized politics and popular culture. Hulk Hogan famously shut down Gawker with a multi-pronged privacy suit masking a billionaire's vendetta (Holiday). Melania Trump sued a blogger and the Daily Mail for falsely claiming she worked as a high-end escort (DiBenedetto). And Donald Trump, well, Donald Trump... inter alia, won a fee award and suffered a massive loss, not over sexual relationships as much as deceptions that ensued.

Faculty of International Affairs, University of Le Havre

Last week, I had the great privilege to teach a one-credit course on American litigation over defamation and privacy to undergraduate law students at the University of Le Havre in the Normandy region of France. You can check out the course and course materials at the blogspot, Litigating Reputation in America. I'll leave the downloadable documents in place for the duration of summer 2026 (Perma.cc for later review).

"Litigating Reputation in America" course site

I centered the class on the fascinating transnational defamation civil suit that French President Emmanuel Macron and his wife Brigitte Macron are prosecuting in Delaware against American podcaster Candace Owens. The case arises from a host of Owens's sensationalist assertions, especially that Brigitte Macron was born a man. A hearing on a motion to dismiss, on jurisdictional grounds only, is scheduled for June 22.

Notwithstanding the seemingly readily disprovable falsity and outrageousness of the assertions at issue, the Macrons face an uphill battle in U.S. courts. Kalshi thinks they'll win (63.7% presently). But the smart money in American defamation litigation is never on the plaintiff. Cf. Tucker Carlson's successful defense against Karen McDougal on grounds, more or less, that no one takes Carlson seriously, so his outrageous assertions could have done no harm.

Meanwhile, in January, a French criminal court convicted 10 defendants of cyberbullying Brigitte Macron with the born-a-man claim (CNS). The contrast between an uphill civil suit in the States and criminal prosecutions in Paris fairly indicates a profound divergence in how social, economic, and political cultures in the United States and Europe, especially in France, respectively value reputation and free speech, and how law and process accordingly balance the two.

In an intensive 15 classroom hours, 24 Le Havre students learned the fundamentals of defamation and privacy torts and engaged with 11 contemporary, ripped-from-the-reporter case studies I prepared for them. The students explored the development of defamation and privacy litigation from client counseling to discovery and dispositive motions, alongside key rules of civil procedure. They argued Rule 12(b)(6) motions to dismiss and negotiated settlements, then rounded out the week with a two-hour final exam.

Civil-law law books, including obligations, at La Galerne Bookstore, Le Havre

I've been teaching American law modules to English-as-a-second-language law students in Europe for 20 years, and never have I seen students perform so well. They embraced the rough-and-tumble of the American adversarial model, while remaining sensitive to issues of professionalism and public policy. True to European thinking, they evinced skepticism of corporate-protective defense doctrines and absolutist free speech claims. They readily adapted their civil-law-trained thinking to precedent-driven common law and analogical argument.

It happened that the well circulated American news story dropped while I was in France, as Futurism put it, "College Professors Say Incoming Students No Longer Understand Middle School Math and Science." I commented on some of my friend chats that the same surely is true for English and arts; it's just harder to quantify.

When I started teaching legal writing in the late 1990s, the challenge was to get students to pay attention to their choices of subjects and verbs. Now many students don't even know what I mean when I say "subject" and "verb." An aside: Shout out to my own relentless K12 grammar instructors: Sharon Reuwer, who in elementary school literally hit me on the head with a book—you could do that back then—until I got my sentence diagramming right; and to Dr. Barbara Dezmon, who in middle school initiated me in language as forensic art, more than mere mechanics.

So as my undergraduate French students dissected their case studies, synthesizing argument from facts and points of law, I could not help but observe, and wonder why, they delivered work product more adeptly than I can expect from most first-year graduate students in the United States. That's not to impugn my home students' potential, nor to generalize unfairly, nor to disrespect those who put in the work and rise to the occasion, but only to fear that too many Americans are inexcusably ill served by their K16 preparation.

Haropa Port offices, Le Havre

I am deeply indebted to the organizing and teaching faculty of the Le Havre program. Professor Baptiste Allard is the driving force behind the program at the University of Le Havre Faculty of International Affairs, along with his Le Havre collegaue, Professor Pierre Capelle. The students are now in week two of the four-week program, in a comparative study of constitutional and administrative law with Professor Akram Faizer of the Duncan School of Law at Lincoln Memorial University.

In the coming weeks, the French students will further explore American law and legal skills with Professor Christine E. Cerniglia, director of clinical and experiential legal education at Stetson Law, and Professor Melanie Reid, associate dean of faculty at the Duncan School of Law. Professors Cerniglia and Reid aim to develop an ongoing relationship with Le Havre that will see American students participating, too, to exchange learning with their French counterparts.

Catène de containers (2017),
a prominent contemporary sculpture by Vincent Ganivet;
behind: post-war apartments in the brutalist architectural style of Auguste Perret

I had some time in Le Havre for tourism, which afforded me the opportunity to explore some scholarly interests in areas including environmental law and the legal history of human rights and the transatlantic slave trade.

Professor Allard is my partner on the environmental law team of the Global Law Classroom, a project born of Professor Reid's ingenuity. I have learned volumes from Professor Allard about the role of global shipping and sea transportation in global environmental law and climate change. Admittedly, there are times when the ins and outs of EU shipping regulations make my eyelids droop. But in Le Havre, I took a boat tour of Haropa Port, and what I saw there charged the subject with a new vitality for me.

Entrance to Port of Le Havre

I've seen many commercial ports in the world, but never so close, gliding on a small passenger boat through an intracoastal waterway alongside massive tankers and container ships. The Port of Le Havre is the largest container port in France, with three terminals, and also receives world-class cruise liners. Oil is the port's number one cargo commodity, implicating the port in contemporary geopolitics. Seeing the scale of the operation, it's impossible not to wonder at humanity's ability to transform a natural landscape to commercial ends, and also to be fretful over environmental risks and consequences.

Kriti Journey, a crude oil tranker, flagged Marshall Islands

Hafnia Nanjing, an oil and chemical tanker, flagged Singapore

 

Container loading

Almost as intriguing as the physical operations of the port are its works in communications and public relations. The boat tour I took and the port's public exhibition center are awash with boastful facts. There also are brochures and special exhibition days that feature recent and upcoming green initiatives at the port. That's good, of course. Yet for the touristic observer such as me, even unusually informed as I am, it's impossible casually to disentangle fact and propaganda, much less to interrogate the presentation for greenwashing.

Vole au Vent, a heavy-lift, self-elevating, jack-up installation vessel, flagged Luxembourg,
loading locally manufactured wind turbines for off-shore destinations

A register of slave transactions,
Maison de l'armateur

The Port of Le Havre also figures in the history of slavery. People from Africa were trafficked through Le Havre, part of the triangular route, to French colonies in the Americas. Le Havre was the imputed port of origin for more than 450 slave voyages trafficking at least 142,341 persons from 1571 to 1848, according to data at Slave Voyages

Maison de l'armateur

. A memorial plaque in "the slave streets of Le Havre" remembers 90,000 trafficked persons. Either way, incredibly, Le Havre was only the third largest slave port in France, where an estimated 1.38 million people were embarked for enslavement.

"Closet" celebrating accomplished
free persons of color,
Maison de l'armateur

The Le Havre Ship Owner's House, or Maison de l'armateur, is a preserved 18th century residence that showcases the opulent lifestyle of the successful merchant of the time. That lifestyle was built on a range of commodities, slavery included. Yet Africans who passed through Le Havre, including those who remained and were enslaved before definitive abolition in France in 1848, were omitted from patriotic historical narratives—whitewashing.

Socially and legally, modern France has dedicated itself peculiarly, present populist inclinations notwithstanding, to memory initiatives, that is, the compulsory remembrance of historical wrongs. The criminalization of Holocaust denial is probably the most often cited example of "French memory laws." But brutal colonialism and the slave trade figure in too.

Accordingly seeking to balance its presentation, the Ship Owner's House presently features a fascinating tandem exhibition, Reminiscences: Phantoms of Slavery (May 8 to Sept. 20, 2026). The exhibition is not set aside in a single space, the usual museum M.O.; rather, the African story is told right alongside the ordinary exhibition with the juxtaposition of radically differently themed art and information. The juxtaposition is often clever, for example, haunting the vestibule of a genteel bedroom with an amber glow behind silhouettes of African celebrants.

Émile Loubon, Le Port du Havre au XIXe siècle (1843),
with museum tags showing offloaded goods

Diorama depicting post-colonial reparations rally, Maison de l'armateur

Acerbic art characterizing a black stain on whitewashed history, Maison de l'armateur

There's plenty in Le Havre to stimulate the mind, not to mention the palate, of the law student and law professor. I hope the students who endured my lessons got something worthwhile from the week, if I dare not hope they learned as much as I did.

I offer my sincere gratitude to the students and staff at Le Havre, to Professors Allard and Capelle, as well as Professor Allard's husband for his hospitality, and to Professors Cerniglia, Faizer, and Reid, as well as Professor Cerniglia's partner, for their generous friendship and collegiality.

Jusqu’au Bout du Monde (2018) by Fabien Mérelle, Port of Le Havre; St. Joseph's Church, behind