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Comparative Law News

BOOK: Classics in Comparative law

Juris Diversitas - dim, 08/17/2014 - 05:38
A new book from Edward Elgar Publishing has been Released:

Edited by Tom Ginsburg, Leo Spitz Professor of International Law, University of Chicago, US, Pier Giuseppe Monateri, Member of the International Academy of Comparative Law of New York, US and Professor of Law, University of Turin, Italy and Francesco Parisi, Oppenheimer Wolff and Donnelly Professor of Law, University of Minnesota, US and Professor of Economics, University of Bologna, Italy
Comparative law is a field with a rich history, and one to which scholars from many disciplines have contributed. This four-volume set includes an original introduction by the editors, who trace the major developments in the field, covering both private and public law, as well as legal institutions and methodological debates. Encompassing more than a century of scholarship, the collection includes a number of the most enduring articles from several disciplinary perspectives and will be an essential resource for the study of comparative law.
Catégories: Comparative Law News

JOURNAL:Maastricht Journal of European and Comparative Law - Special Issue: The Constitutional Adulthood of Multi-Level Governance

Juris Diversitas - dim, 08/17/2014 - 05:28

A special issue of the Maastricht Journal of European and Comparative Law has been published, as follows the table of contents:

GUEST EDITORIAL
The Guest Editors’ IntroductionPatricia Popelier and Werner Vandenbruwaene
ARTICLES
Multi-Level Governance through a Constitutional Prism
Werner Vandenbruwaene

The European Union as a ‘3-D’ Constitutional Space
Andrea Simoncini

The Regions within Multi-Level Governance: Enhanced Opportunities for Improved Accountability?
Adam Cygan

Asymmetry and Complex Adaptive (Legal) Systems: the Case of the European Union
Giuseppe Martinico 

‘Europe Clauses’ and Constitutional Strategies in the Face of Multi-Level Governance
Patricia Popelier

Coupling National Identity with Subsidiarity Concerns in National Parliaments’ Reasoned Opinions
Barbara Guastaferro

EU Directives and Multi-Level Governance – Can Lessons Be Drawn from Cooperative Federalism?
Thomas Vandamme
Helping Loose Ends Meet? Th e Judicial Acknowledgement of Soft Law as a Tool of Multi-Level Governance
Oana Ştefan
Click here for the Journal's home page
Catégories: Comparative Law News

CONFERENCE: Law and Communication

Juris Diversitas - ven, 08/15/2014 - 09:01

Saint-Petersburg University has announced a Conference ´Law and Communication´ dedicated to the modern communication theory of law.All interested speakers and authors are invited to join the Conference 12 December 2014.Where: Law faculty of Saint-Petersburg University, bld. 7, 22 line of Vasilyevsky island, Saint-Petersburg, Russia, 199026.Languiges of the conference: Russian and English.All materials of the Conference will be published in Russian legal journal Pravovedenie.Draft of paper should be presented till September 15, 2014 to Andrey Polyakov by email polyakov2008@gmail.com.All articles should be in compliance with the scholar publication standards  http://www.jurisprudence-media.ru/authors.phpFor additional information, please, contact Andrey Polyakov polyakov2008@gmail.com, Elena Timoshina  timochina@yandex.ru, or Michael Antonov mich.antonov@gmail.com. Hope to meet you in Saint-Petersburg!
Catégories: Comparative Law News

CONFERENCE: 2014 ABA Moscow Dispute Resolution Conference

Juris Diversitas - ven, 08/15/2014 - 08:26

 
The ABA’s sixth annual Conference on the Resolution of CIS-Related Business Disputes — A “MUST ATTEND” conference  for Litigators, Corporate Counsel,  Arbitration Practitioners, Judges, Academics, Business Executives and Policy-Makers!Where: Radisson Royal Hotel Moscow 2/1 bid 1 Kutuzovskiy prospekt Moscow 121248 Russian FederationDate:  September 19, 2014Time: 8:00 AM - 10:00 PM AT

Topics will include:•The Merger of the Supreme Commercial (Arbitrazh) Court and Supreme Court of General Jurisdiction:  Implications for the Administration of Justice, the Resolution of Commercial Disputes and International Arbitration in Russia•Making CIS-Related Disputes “Stick” in Non-CIS Courts:  Addressing Personal Jurisdiction and Forum Non Conveniens •Lawyer Ethics in Dispute Resolution: A Cross-Border Analysis of What You Can and Cannot Do•The New Russian IP Court: Taking Stock One Year On•Corporate Disputes in a CIS Context:  Managing Conflicts Between Successive Generations of Shareholders•In-House Counsel Perspectives on the Resolution of CIS-Related Disputes 
Program and details here http://ambar.org/moscow2014

 
Catégories: Comparative Law News

OPPORTUNITY: Doctoral research position at Max Planck institute for European Legal History


WHAT: Doctoral research position 
at the Max-Planck Institute for European Legal History, Frankfurt, within the International Max Planck Research School on Retaliation, Mediation and Punishment  (REMEP)
WHERE: Max-Planck Institute for European Legal History, Frankfurt
WHEN: deadline 1st November 2014, or later
This doctoral position is granted in the context of the interdisciplinary program of the International Max Planck Research School on Retaliation, Mediation, Punishment (IMPRS REMEP). The research school aims to attract young researchers educated in law (in this case in particular legal history) or historical sciences. 


The doctoral student will carry out his or her studies in Frankfurt. He or she will participate in the training program offered by the IMPRS REMEP and can make use of the facilities and infrastructure of the Max Planck Institute for European Legal History. The interdisciplinary curriculum requires participation in several joint seminars to be conducted together with the doctoral students who are affiliated with the IMPRS REMEP partner institutes in Halle/Saale and Freiburg. During these seminars, all students shall achieve cross-disciplinary knowledge in order to develop a common understanding of the overall research agenda and to be able to mutually understand and discuss their doctoral theses from the perspectives of all relevant disciplines. Working language of the training program is English. A cross-disciplinary dissertation project may be co-supervised by a member of the academic staff from a partner institute.

The research agenda of the REMEP has its focus on the fundamental question common to the disciplines of social sciences and humanities regarding how peace and social order are negotiated, constructed, maintained and re-gained. In particular, in the context of conflict and post-conflict societies, traditional approaches to reconciliation and mediation are being adopted, amending, and – partially – replacing, well-established systems of punishment mainly based on concepts of retaliation (see on this http://www.remep.mpg.de/)
The doctoral research project to be conducted in Frankfurt shall focus on basic questions in the field of legal history, from the 16th to the 20th century and should show a distinct interconnection to the current research focus areas and the research fields of the Max Planck Institute for European Legal History as outlined on the homepage of the institute (http://www.rg.mpg.de/en/forschungsprofil.cfm).

At the moment, we are developing a working group on the Legal History of Ibero-America, especially interested in questions of the evolution of the judicial system in Latin America with particular attention to the way the judicial system reacts on cultural diversity. Research projects in this field are especially welcome. They might concentrate on the current transformations in this system, integrating historical perspectives, such as the use of historical arguments by the actors, or be dedicated to historical research on these transformations in colonial period, or 19th and 20th century.
Proposals with the emphasis on a theoretical issue are welcome, too. Applicants are expected to develop their research questions independently, and to specify those in their proposal. Proposals with a comparative perspective and/or an inter-disciplinary approach will be considered with priority.

For more information please click here
Catégories: Comparative Law News

REMINDER: MASTER "Law and compared normativities between Rome and Paris" deadline tomorrow 15 August 2014













Deadline tomorrow 15th August 2014!
Master in diritto e normatività comparateDir. Prof. Emanuele Conte (Univ.RomaTre) and Prof. Paolo Napoli (CENJ - EHESS Paris)




All information here (Roma Tre University) and here (Cenj); or mail to giuseppina.santilli@uniroma3.it.    
Catégories: Comparative Law News

COLLOQUIUM: "Les moines autour de la Méditerranée. Mobilités et contacts à l’échelle locale et régionale" (Rome, 17-19 September 2014)




WHAT: Colloquium on the theme "Les moines autour de la Méditerranée. Mobilités et contacts à l’échelle locale et régionale", within the Program "Parcours et échanges en Méditerranée"
WHERE: École française de Rome, Piazza Navona, 62, Rome 
WHEN: 17-19 September 2014 

All information here
Catégories: Comparative Law News

ARTICLE: Thomas Duve on "National Traditions and Transnational Perspectives"

Thomas Duve on "National Traditions and Transnational Perspectives", now available on SSRN.  The article will be published in the upcoming issue of our journal Rechtsgeschichte-Legal History
click here to read the abstract and download the article
Catégories: Comparative Law News

CONFERENCE: "Scottish Legal History Group Annual Conference" (Edinburgh, 4 October 2014)


WHAT: the 34th Scottish Legal History Group Annual Conference
WHERE: Reading Room of the Advocates’ Library, Parliament House, Edinburgh
WHEN: October, 4, 2014 10:30 am - 5:00 pm


Programme10.30               Coffee 11.00               First Session Dr Jenny Wormald (University of Edinburgh) ”And so it follows ... that the Kinges were the authors & makers of the lawes, and not the lawes of the Kings” (James VI, Trew Lawe of Free Monarchies).  Did he mean it?”Dr Karin Bowie (University of Glasgow) “Protestations and the Making of Public Opinion in Early Modern Scotland.”12.30               Sherry. Break for Lunch.2.15                 Second SessionAnnual General Meeting ... to be followed at 2.30 approximately by:Mr Kenneth Campbell, QC  “Collectors and Decisions: developments in case reporting at the birth of the ‘new’ Court of Session”3.30                 Third SessionDr Kathryn Chittick, Trent University, Ontario, “Walter Scott and the Reform of Scottish Judicature 1806-1810.”Dr Anja Johansen, University of Dundee,  "The role of courts in disciplining police officers: a comparative view from Berlin and Paris, 1870-1914."5.00                 Close

All those wishing to attend are requested to send the attached form together with the Conference fee of £10.00 (£5.00 for students) to the Secretary, Professor John Finlay, at the address indicated.When replying please provide your current email and postal addresses:-          If you are subscribing for the first time;-          If these have changed in the past year; or-          If there has been a long interval since your last subscription
.....................................................................................................................................SCOTTISH LEGAL HISTORY GROUPAnnual Conference - Saturday 4th October 2014
To:       Prof. John Finlay, School of Law, The Stair Building, University of Glasgow, Glasgow G12 8QQ.Please enrol me for the above Conference. I enclose my conference fee of £10.00/£5.00 (please delete as appropriate and make cheques payable to ‘The Scottish Legal History Group’).
Name:..........................................................................................................................
Email address........................................................................................................................
Catégories: Comparative Law News

SHAMELESS SELF-PROMOTION: Donlan and Heirbaut on European Legal Hybridity and Jurisdictional Complexity

Seán Patrick Donlan and Dirk Heirbaut's '“A patchwork of accommodations”: Reflections on European legal hybridity and jurisdictional complexity' is available here

The text is a draft introduction to a collection edited by Donlan and Heirbaut. The book is currently entitled The Laws' Many Bodies, c1600-1900.
Catégories: Comparative Law News

OPPORTUNITY: Doctoral Research Position at the Max-Planck Institute for European Legal History

Juris Diversitas - jeu, 08/07/2014 - 09:56
Call for Doctoral Research Position at the Max-Planck Institute for European Legal History, Frankfurt, within the International Max Planck Research School on Retaliation, Mediation and Punishment  (REMEP) (deadline  October, 1st)The Max Planck Institute for European Legal History in Frankfurt/Main offers one doctoral research position within the area of Legal History as of 1st November 2014 or later.

This doctoral position is granted in the context of the interdisciplinary program of the International Max Planck Research School on Retaliation, Mediation, Punishment (IMPRS REMEP). The research school aims to attract young researchers educated in law (in this case in particular legal history) or historical sciences.


The doctoral student will carry out his or her studies in Frankfurt. He or she will participate inthe training program offered by the IMPRS REMEP and can make use of the facilities and infrastructure of the Max Planck Institute for European Legal History. The interdisciplinary curriculum requires participation in several joint seminars to be conducted together with the doctoral students who are affiliated with the IMPRS REMEP partner institutes in Halle/Saale and Freiburg. During these seminars, all students shall achieve cross-disciplinary knowledge in order to develop a common understanding of the overall research agenda and to be able to mutually understand and discuss their doctoral theses from the perspectives of all relevant disciplines. Working language of the training program is English. A cross-disciplinary dissertation project may be co-supervised by a member of the academic staff from a partner institute.
The research agenda of the REMEP has its focus on the fundamental question common to the disciplines of social sciences and humanities regarding how peace and social order are negotiated, constructed, maintained and re-gained. In particular, in the context of conflict and post-conflict societies, traditional approaches to reconciliation and mediation are being adopted, amending, and – partially – replacing, well-established systems of punishment mainly based on concepts of retaliation (see on this http://www.remep.mpg.de/)
The doctoral research project to be conducted in Frankfurt shall focus on basic questions in the field of legal history, from the 16th to the 20th century and should show a distinct interconnection to the current research focus areas and the research fields of the Max Planck Institute for European Legal History as outlined on the homepage of the institute (http://www.rg.mpg.de/en/forschungsprofil.cfm).
At the moment, we are developing a working group on the Legal History of Ibero-America, especially interested in questions of the evolution of the judicial system in Latin America with particular attention to the way the judicial system reacts on cultural diversity. Research projects in this field are especially welcome. They might concentrate on the current transformations in this system, integrating historical perspectives, such as the use of historical arguments by the actors, or be dedicated to historical research on these transformations in colonial period, or 19th and 20thcentury.
Proposals with the emphasis on a theoretical issue are welcome, too. Applicants are expected to develop their research questions independently, and to specify those in their proposal. Proposals with a comparative perspective and/or an inter-disciplinary approach will be considered with priority.
For more information please visit: http://www.remep.mpg.de/en/application/index.html
Catégories: Comparative Law News

ARTICLE: Duve on German Legal History: National Traditions and Transnational Perspectives

Juris Diversitas - jeu, 08/07/2014 - 08:45
Thomas Duve's 'German Legal History: National Traditions and Transnational Perspectives' is available on SSRN. Duve is the Director of the Max Planck Institute for European Legal History. The article will be published in the upcoming issue of our journal Rechtsgeschichte-Legal History. The abstract reads:

In this article, I review select institutional and analytical traditions of Legal History in 20th century Germany, in order to put forth some recommendations for the future development of our discipline. A careful examination of the evolution of Legal History in Germany in the last twenty-five years, in particular, reveals radical transformations in the research framework: within the study of law, there has been a shift in the internal reference points for Legal History. While the discipline is opening up to new understandings of law and to its neighboring disciplines, its institutional position at the law departments has become precarious. Research funding is being allocated in new ways and the German academic system is witnessing ever more internal differentiation. Internationally, German contributions and analytic traditions are receiving less attention and are being marginalized as new regions enter into a global dialogue on law and its history. The German tradition of research in Legal History had for long been setting benchmarks internationally; now it has to reflect upon and react to new global knowledge systems that have emerged in light of the digital revolution and the transnationalization of legal and academic systems. If legal historians in Germany accept the challenge these changing conditions pose, thrilling new intellectual and also institutional opportunities emerge. Especially the transnationalization of law and the need for a transnational legal scholarship offers fascinating perspectives for Legal History.
Catégories: Comparative Law News

ARTICLE: Duve on German Legal History: National Traditions and Transnational Perspectives

Thomas Duve's 'German Legal History: National Traditions and Transnational Perspectives' is available on SSRN. Duve is the Director of the Max Planck Institute for European Legal History. The article will be published in the upcoming issue of our journal Rechtsgeschichte-Legal History. The abstract reads:
In this article, I review select institutional and analytical traditions of Legal History in 20th century Germany, in order to put forth some recommendations for the future development of our discipline. A careful examination of the evolution of Legal History in Germany in the last twenty-five years, in particular, reveals radical transformations in the research framework: within the study of law, there has been a shift in the internal reference points for Legal History. While the discipline is opening up to new understandings of law and to its neighboring disciplines, its institutional position at the law departments has become precarious. Research funding is being allocated in new ways and the German academic system is witnessing ever more internal differentiation. Internationally, German contributions and analytic traditions are receiving less attention and are being marginalized as new regions enter into a global dialogue on law and its history. The German tradition of research in Legal History had for long been setting benchmarks internationally; now it has to reflect upon and react to new global knowledge systems that have emerged in light of the digital revolution and the transnationalization of legal and academic systems. If legal historians in Germany accept the challenge these changing conditions pose, thrilling new intellectual and also institutional opportunities emerge. Especially the transnationalization of law and the need for a transnational legal scholarship offers fascinating perspectives for Legal History.
Catégories: Comparative Law News

SHAMELESS SELF-PROMOTION: Donlan and Heirbaut on European Legal Hybridity and Jurisdictional Complexity

Juris Diversitas - mer, 08/06/2014 - 10:59
Seán Patrick Donlan and Dirk Heirbaut's '“A patchwork of accommodations”: Reflections on European legal hybridity and jurisdictional complexity' is available here
The text is a draft introduction to a collection edited by Donlan and Heirbaut. The book is currently entitled The Laws' Many Bodies, c1600-1900.
Catégories: Comparative Law News

SHAMELESS SELF-PROMOTION: Donlan and Heirbaut on European Legal Hybridity and Jurisdictional Complexity

Juris Diversitas - mer, 08/06/2014 - 10:58
Seán Patrick Donlan and Dirk Heirbaut's '“A patchwork of accommodations”: Reflections on European legal hybridity and jurisdictional complexity' is available here
The text is a draft introduction to a collection edited by Donlan and Heirbaut. The book is currently entitled The Laws' Many Bodies, c1600-1900.
Catégories: Comparative Law News

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