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FELLOSHIP: "Law and Social Science Dissertation Fellowship & Mentoring Program, 2015-2017"

Law and Social Science Dissertation Fellowship & Mentoring Program, 2015-2017

PurposeThe Law and Society Association, in collaboration with the American Bar Foundation and the National Science Foundation, seeks applications for the Law and Social Science Dissertation Fellowship and Mentoring Program (LSS Fellowship).
AwardsFellowships are held in residence at the American Bar Foundation in Chicago, IL, where Fellows are expected to participate in the intellectual life of the ABF, including participation in a weekly seminar series. LSS Fellows will receive a stipend of $30,000 per year beginning Fall 2015. Fellows will attend LSA annual meetings in both years of the fellowship and the Graduate Student Workshop in the first year of the fellowship.  Fellows will receive up to $1,500 for research and travel expenses each year.  Relocation expenses up to $2,500 may be reimbursed one time.
EligibilityThird-, fourth-, and fifth-year graduate students who specialize in the field of law and social science and whose research interests include law and inequality are invited to apply.  Fellowship applicants should be students in a Ph.D. program in a social science department or an interdisciplinary program.  Humanities students pursuing empirically-based social science dissertations are welcome to apply.  Applicants are also eligible to apply for the American Bar Foundation’s Doctoral Fellowship Program in Law and Social Science. Only U.S. citizens and permanent residents are eligible to apply.

Application Materials RequiredApplicants should submit:  (1) a 1-2 page letter of application; (2) a 2-3 page description of a research project or interest that relates to law and inequality (broadly defined) with a statement of how the applicant became interested in the research topic; (3) a resume or curriculum vitae; (4) a writing sample (a paper written for a graduate-level course or dissertation prospectus); and (5) three letters of recommendation from faculty members (including one from the faculty member who will serve as the departmental liaison – typically the applicant’s advisor).  If you are also applying for the American Bar Foundation Doctoral Fellowship, please indicate so in your cover letter.
Applications for this fellowship must be received no later than December 1, 2014.
Please submit your complete application for the LSS Fellowship online.  Direct all questions or concerns relating to your application submission to Amanda Ehrhardt, (312) 988-6517, aehrhardt@abfn.org.

Catégories: Comparative Law News

FELLOWSHIP: "ABF Doctoral/Post-Doctoral Fellowship Program in Law and Social Science"

ABF Doctoral/Post-Doctoral Fellowship Program in Law and Social Science

PurposeThe American Bar Foundation is committed to developing the next generation of scholars in the field of law and social science.  The purpose of the fellowships is to encourage original and significant research on law, the legal profession, and legal institutions.
EligibilityFor the Doctoral/Post-Doctoral Fellowships, applications are invited from outstanding students who are candidates for Ph.D. degrees in the social sciences.  Applicants must have completed all doctoral requirements except the dissertation by September 1, 2015.  Applicants who will have completed the dissertation prior to September 1, 2015 are also welcome to apply.  Doctoral and proposed research must be in the general area of sociolegal studies or in social scientific approaches to law, the legal profession, or legal institutions. The research must address significant issues in the field and show promise of a major contribution to social scientific understanding of law and legal process.  Minority students are especially encouraged to apply. Applicants are also eligible to apply for the American Bar Foundation and Law and Society Association’s Law and Social Science Dissertation Fellowship & Mentoring Program.
AwardsFellows receive a stipend of $30,000 for 12 months.  Fellows also may request up to $1,500 to reimburse expenses associated with research, travel to meet with advisors, or travel to conferences at which papers are presented.  Relocation expenses up to $2,500 may be reimbursed on application.
TenureFellowships are awarded for 12 months, beginning, September 1, 2015.
ConditionsFellowships are held in residence at the American Bar Foundation.  Appointments to fellowships are full time.  Fellows are expected to participate fully in the academic life of the ABF so that they may develop close collegial ties with other scholars in residence.
Application ProcessApplications must include:  (1) a dissertation abstract or proposal with an outline of the substance and methods of the research; (2) two letters of reference, one of which must be from a supervisor of the dissertation; and (3) a curriculum vitae.  In addition, at the applicant’s option, a short sample of written work may be submitted.
Applications for this fellowship must be received no later than December 15, 2014.
Please apply online. Direct all application questions or concerns to Amanda Ehrhardt, Administrative Associate for Academic Affairs and Research Administration, American Bar Foundation, (312) 988-6517, aehrhardt@abfn.org.
Catégories: Comparative Law News

ARTICLE: "Adultery, Criminality, and the Myth of English Sovereignty", by Erin L. Sheley

Erin L. Sheley, George Washington University Law School, on Adultery, Criminality, and the Myth of English Sovereignty, forthcoming in Law, Culture and the Humanities 11 (2015). 

This article argues that in Britain over the course of the eighteenth and nineteenth centuries, the understanding of adultery as a tort was complicated by an accompanying discourse of what I will call “quasi-criminality.” Specifically — while formally trivialized — adultery remained linked to a threat to British kingship. The tension between the weight of relevant monarchical history and the absence of contemporary criminal enforcement created a new cultural narrative about adultery which attempted, itself, to serve a penal function. Examining the development of this discourse alongside the relevant law illuminates the complex social process through which public and private wrongs become distinguished — or conflated.

Catégories: Comparative Law News

REVIEW ESSAY: Allison Tirres's review of Kristin A. Collins, "Illegitimate Borders: Jus Sanguinis Citizenship and the Legal Construction of Family, Race, and Nation" (2014)

  Allison Tirres's review of Kristin A. Collins, "Illegitimate Borders: Jus Sanguinis Citizenship and the Legal Construction of Family, Race, and Nation" , appeared in Volume 123 of the Yale Law Journal (2014)
 from Tirres's essay:

 In her article “Illegitimate Borders: Jus Sanguinis Citizenship and the Legal Construction of Family, Race, and Nation,” Kristin Collins looks in depth at the origins, interpretations, and practices of derivative citizenship over the course of the nineteenth and twentieth centuries. In doing so, she not only systematically destroys the simplistic argument provided by the INS in the Nguyen case, but also reveals the deeply racialized nature of jus sanguinis. She demonstrates that throughout much of our history, derivative citizenship was moored in intertwined visions of women’s subordinate place in the family and of nonwhite persons’ subordinate place in the polity. Courts, agencies, administrators and consular officials across decades found ways to interpret and apply the law of derivative citizenship to favor white children over nonwhite children. Sometimes these efforts were explicit but other times they were hidden. It takes a skilled and capable historian like Collins to be able to dig beneath the surface of decades of government documents and court records and put the pieces of the jus sanguinis puzzle together.
Catégories: Comparative Law News

FELLOWSHIP: The Bonfield Fellowship at Iowa Law (2015/2016)

The Law Library welcomes applications for its newly-created Bonfield Fellowship for a visiting researcher.

The aim of the Bonfield Fellowship is to bring a faculty member at another institution to the University of Iowa, to spend a brief time in residence conducting research in the Law Library’s world-class collections. The fellowship is named in honor of Professor Arthur Bonfield, who directed the Law Library from 1985 to 2014.

The University of Iowa Law Library is among the three largest law school libraries in the United States. As of June 30, 2014, the Law Library had nearly 1.2 million hardcopy, microform, and electronic titles, and nearly 1.4 million hardcopy volumes and microform volume equivalents.

The Law Library’s holdings on the law of the United States and all of its states and territories, Great Britain, and the present and former members of the British Commonwealth are exceptionally strong, as is its collection of EU, UN, and WTO materials. It also has one of the most comprehensive collections in the U.S. of international and comparative law materials, and excellent collections from many non-English-speaking countries, including Argentina, Brazil, China, France, Germany, India, Mexico, and Russia. The Rare Books Collection includes the Hammond Collection of 1,200 English and Civil law materials and the Leist Collection of 3,000 volumes of German, Greek, Roman, Byzantine, and Canon law. The Law Library also has strength in Islamic and Jewish law.

The Bonfield Fellowship will provide:
  • Round-trip economy airfare for the Fellow between the Fellow’s home city and the Cedar Rapids/Iowa City airport;
  • Hotel accommodation for the Fellow in Iowa City for up to one week;
  • A student research assistant during the Fellow’s period of residence; and
  • A lockable faculty carrel in the Law Library equipped with a desktop computer.

While in residence, the Bonfield Fellow will be expected to:
  • Conduct scholarly research using the Law Library’s world-class collections;
  • Participate regularly at the Law Faculty lunch table;
  • Present a work in progress at an Iowa Legal Studies Workshop; and
  • Participate in a curricular or extracurricular law student event.
Candidates for the Bonfield Fellowship may be self-nominated or may be nominated by a member of the University of Iowa Law Faculty. A nomination consists of the candidate’s CV, a statement of the candidate’s expected research while in residence, and a general indication of the candidate’s proposed dates of residence. The Fellow’s period of residence should be within the academic year. In 2015-16, the academic year begins on August 25 and ends on April 22.

We anticipate that one or two Bonfield Fellow(s) will be in residence in 2015-16. Nominations must be received by February 1, 2015, and should be sent by e-mail to:

Prof. Thomas Gallanis
Associate Dean for Research (Director of the Law Library)
Catégories: Comparative Law News

BOOK: "For Fear of an Elective King: George Washington and the Presidential Title Controversy of 1789", by Kathleen Bartoloni-Tuazon (2014)

For Fear of an Elective King: George Washington and the Presidential Title Controversy of 1789 , by Kathleen Bartoloni-Tuazon, First Federal Congress Project, Cornell University Press, 2014

All information here

For Fear of an Elective King is Kathleen Bartoloni-Tuazon's rich account of the title controversy and its meanings. 

In the spring of 1789, within weeks of the establishment of the new federal government based on the U.S. Constitution, the Senate and House of Representatives fell into dispute regarding how to address the president. Congress, the press, and individuals debated more than thirty titles, many of which had royal associations and some of which were clearly monarchical.The short, intense legislative phase and the prolonged, equally intense public phase animated and shaped the new nation's broadening political community. Rather than simply reflecting an obsession with etiquette, the question challenged Americans to find an acceptable balance between power and the people’s sovereignty while assuring the country’s place in the Atlantic world. Bartoloni-Tuazon argues that the resolution of the controversy in favor of the modest title of "President" established the importance of recognition of the people's views by the president and evidence of modesty in the presidency, an approach to leadership that fledged the presidency’s power by not flaunting it.

How the country titled the president reflected the views of everyday people, as well as the recognition by social and political elites of the irony that authority rested with acquiescence to egalitarian principles. The controversy’s outcome affirmed the republican character of the country’s new president and government, even as the conflict was the opening volley in increasingly partisan struggles over executive power. As such, the dispute is as relevant today as in 1789. 
Catégories: Comparative Law News

REVIEW ESSAY: "Towards a New Legal History of Capitalism and Unfree Labor: Law, Slavery, and Emancipation in the American Marketplace" , by Matthew Axtell (2013)

Matthew Axtell (Judicial Fellow, US Supreme Court), on the Walter Johnson’s book "River of Dark Dreams: Slavery and Empire in the Cotton Kingdom", forthcoming in Law & Social Inquiry, 40 (Winter 2015)
New work on the "history of capitalism" reveals how the personal freedom enjoyed by people living within the liberal capitalist mainstream is often purchased by coerced labor at the social margins. Walter Johnson’s book River of Dark Dreams: Slavery and Empire in the Cotton Kingdom (2013) makes this argument with force, utilizing the concept of "slave racial capitalism" to suggest how race-based slavery constituted a necessary component of early American economic expansion. Using Johnson’s framework as a starting point, this essay argues that the legal institutions of property and contract, institutions underwriting a genuinely "slave racial capitalist" regime, also contained certain subversive possibilities within themselves, eventually challenging unfree labor as a modality of rule within the modernizing United States.
Catégories: Comparative Law News

BOOK: "Making money. Coin, currency and the coming of Capitalism", by Chris Desan (2014)

Making money. Coin, currency and the coming of Capitalism, by Chris Desan, Harvard Law; co-founder, Program on the Study of Capitalism, Oxford University Press

Table of contents here


Money travels the modern world in disguise. It looks like a convention of human exchange - a commodity like gold or a medium like language. But its history reveals that money is a very different matter. It is an institution engineered by political communities to mark and mobilize resources. As societies change the way they create money, they change the market itself - along with the rules that structure it, the politics and ideas that shape it, and the benefits that flow from it.One particularly dramatic transformation in money's design brought capitalism to England. For centuries, the English government monopolized money's creation. The Crown sold people coin for a fee in exchange for silver and gold. 'Commodity money' was a fragile and difficult medium; the first half of the book considers the kinds of exchange and credit it invited, as well as the politics it engendered. Capitalism arrived when the English reinvented money at the end of the 17th century. When it established the Bank of England, the government shared its monopoly over money creation for the first time with private investors, institutionalizing their self-interest as the pump that would produce the money supply. The second half of the book considers the monetary revolution that brought unprecedented possibilities and problems. The invention of circulating public debt, the breakdown of commodity money, the rise of commercial bank currency, and the coalescence of ideological commitments that came to be identified with the Gold Standard - all contributed to the abundant and unstable medium that is modern money. All flowed as well from a collision between the individual incentives and public claims at the heart of the system. The drama had constitutional dimension: money, as its history reveals, is a mode of governance in a material world. That character undermines claims in economics about money's neutrality. The monetary design innovated in England would later spread, producing the global architecture of modern money.
Catégories: Comparative Law News

ARTICLE: "The Politics of Early Justice, Lower Court Federal Judicial Selection 1789-1861", by Michael J. Gerhardt and Michael Ashley Stein (2014)

Michael J. Gerhardt (University of North Carolina at Chapel Hill School of Law)  and Michael Ashley Stein  (William & Mary Law School) on "The Politics of Early Justice, Lower Court Federal Judicial Selection 1789-1861", forthcoming on the Iowa Law Review

Here the abstract:

Almost every commentary on the history of the selection of federal judges presumes that there was some prior golden era in which national political leaders focused primarily on the merit of individual nominees and were not unduly swayed by partisan politics or ideology. Numerous constitutional scholars — and national leaders — have therefore roundly criticized the modern day judicial selection process, citing unprecedented delays and a low percentage of approval of federal court nominees as evidence that the system has broken down. They have argued that the ways in which senators, as well as presidents, have handled lower court nominations in the modern era have deviated from how the nation’s first chief executives and the first few Senates handled such nominations. Yet, there is one glaring omission in almost all commentaries on disputes over judicial selection over the past few decades — the absence of any substantiation of an earlier, so-called golden era, in which there actually was general deference within the Senate to presidents’ nominations to federal district and appellate judgeships. Even the classic work on federal judicial selection by the late Kermit Hall begins its analysis of federal judicial selection in 1825, disregarding nearly forty years of prior practices in the field and reinforcing the received but unsubstantiated assumptions about how judicial nominations to lower courts fared beforehand.

This Article is the first to make a serious comprehensive historiography of federal judicial selection from 1789-1861 in the United States. Following six years of archival and secondary source research, we identified each of the lower court nominations made by presidents from George Washington through James Buchanan and then tracked the Senate’s actions on each of their nominations through both archival and secondary sources. Further, we identified the criteria employed in the first seven decades of judicial nominations as well as the outcomes of, and grounds for, the Senate’s proceedings for all of these nominations. We believe that the results of this unprecedented study are significant because they provide a window into an era of early federal judicial selection that has been virtually ignored by both commentators and national political leaders. While we identified some antiquated practices, such as several of the earliest presidents’ judicial nominees actually declining judgeships after the Senate had confirmed their nominations, we found other patterns of practice that are similar to contemporary developments. Among the most significant of these latter patterns are the facts that: every antebellum president took political considerations into account in making nominations; all antebellum presidents, with the exception of William Henry Harrison, had most of their judicial nominations confirmed by the Senate; and three antebellum presidents — George Washington, Martin Van Buren, and James Polk — enjoyed 100% of their judicial nominations confirmed by the Senate. Yet, political parties, particularly in times of divided government, often split along party lines in judicial confirmation proceedings, and several judicial nominations in the antebellum period failed because of opposition based on the particular nominees’ ideologies or past political decisions. In short, there was no golden era of judicial nominations but rather different eras in which politics, in different ways, shaped federal judicial selection.

Catégories: Comparative Law News

ANNOUNCEMENT: Annual review of Law and Social Science vol. 10

Juris Diversitas - mer, 11/05/2014 - 06:50
A new issue of the Annual Review of Law and Social Science, vol. 10 (November 2014) has just been published. The table of contents follows:

In Praise of Tents: Regulatory Studies and Transformative Social ScienceJohn BraithwaiteAnnual Review of Law and Social Science, Vol. 10: 1-17.
Abstract | Full Text | PDF (310 KB)

Legal Education in the Corporate University
Margaret ThorntonAnnual Review of Law and Social Science, Vol. 10: 19-35.
Abstract | Full Text | PDF (143 KB)

Legal Indicators: The Power of Quantitative Measures of Law
Kevin E. DavisAnnual Review of Law and Social Science, Vol. 10: 37-52.
Abstract | Full Text | PDF (139 KB)

Field Experimentation and the Study of Law and Policy
Donald P. Green and Dane R. ThorleyAnnual Review of Law and Social Science, Vol. 10: 53-72.
Abstract | Full Text | PDF (206 KB)

Interviewing Children
Thomas D LyonAnnual Review of Law and Social Science, Vol. 10: 73-89.
Abstract | Full Text | PDF (132 KB)

Law and Society in Brazil at the Crossroads: A Review
José Reinaldo de Lima Lopes and Roberto Freitas FilhoAnnual Review of Law and Social Science, Vol. 10: 91-103.
Abstract | Full Text | PDF (122 KB)

The Dispute Tree and the Legal Forest
Catherine R. AlbistonLauren B. Edelman, and Joy MilliganAnnual Review of Law and Social Science, Vol. 10: 105-131.
Abstract | Full Text | PDF (377 KB)

Disentangling Law: The Practice of Bracketing
Nicholas BlomleyAnnual Review of Law and Social Science, Vol. 10: 133-148.
Abstract | Full Text | PDF (146 KB)

Critical Race Theory Meets Social Science
Devon W. Carbado and Daria RoithmayrAnnual Review of Law and Social Science, Vol. 10: 149-167.
Abstract | Full Text | PDF (172 KB)

Language-and-Law Scholarship: An Interdisciplinary Conversation and a Post-9/11 Example
Elizabeth Mertz and Jothie RajahAnnual Review of Law and Social Science, Vol. 10: 169-183.
Abstract | Full Text | PDF (134 KB)

Judicial Independence as an Organizing Principle
Charles Gardner GeyhAnnual Review of Law and Social Science, Vol. 10: 185-200.
Abstract | Full Text | PDF (190 KB)

The Legitimacy of the US Supreme Court: Conventional Wisdoms and Recent Challenges Thereto
James L. Gibson and Michael J. NelsonAnnual Review of Law and Social Science, Vol. 10: 201-219.
Abstract | Full Text | PDF (189 KB)

Human Trafficking and the New Slavery
Lauren A. McCarthyAnnual Review of Law and Social Science, Vol. 10: 221-242.
Abstract | Full Text | PDF (192 KB)

Public Disorders: Theory and Practice
Sophie Body-GendrotAnnual Review of Law and Social Science, Vol. 10: 243-258.
Abstract | Full Text | PDF (158 KB)

Crime, Law, and Regime Change
Joachim J. Savelsberg and Suzy McElrathAnnual Review of Law and Social Science, Vol. 10: 259-279.
Abstract | Full Text | PDF (172 KB)

Law and Courts in Authoritarian Regimes
Tamir MoustafaAnnual Review of Law and Social Science, Vol. 10: 281-299.
Abstract | Full Text | PDF (142 KB)

Cause Lawyering
Anna-Maria Marshall and Daniel Crocker HaleAnnual Review of Law and Social Science, Vol. 10: 301-320.
Abstract | Full Text | PDF (163 KB)

Construction of Justice at the Street Level
Shannon Portillo and Danielle S. RudesAnnual Review of Law and Social Science, Vol. 10: 321-334.
Abstract | Full Text | PDF (138 KB)

The Law and Social Science of Stop and Frisk
Tracey L. MearesAnnual Review of Law and Social Science, Vol. 10: 335-352.
Abstract | Full Text | PDF (200 KB)

Immigration Law Beyond Borders: Externalizing and Internalizing Border Controls in an Era of Securitization
Cecilia MenjívarAnnual Review of Law and Social Science, Vol. 10: 353-369.
Abstract | Full Text | PDF (145 KB)
Catégories: Comparative Law News

CALL FOR PAPERS: Irish Society of Comparative Law Conference 2015

Juris Diversitas - mar, 11/04/2014 - 10:07
IRISH SOCIETY OF COMPARATIVE LAWAnnual Conference, 5-6 June 2015School of Law, University of Limerick
“Comparative Law: From Antiquity to Modernity”
The Irish Society of Comparative Law (ISCL) and the School of Law of the University of Limerick are pleased to announce the sixth annual conference of the ISCL to be held in Limerick on 5-6 June 2015. The ISCL held its first annual conference here in 2009.
The conference organisers encourage proposals which have both comparative and historical elements. Submissions on any era of legal history will be considered, as will papers on comparative and historical methodologies. However, any comparative topic may be proposed, eg private law, criminal law and criminal justice, public or constitutional law, legal education, etc. In addition, proposals on European or International law will also be considered.
The deadline for receipt of proposals is Friday, 30 January 2015. Proposals by both members and non-members, as well as by professional academics and graduate students, are welcome.
Proposals should be short (250 words) and sent to the Conference Organiser, Dr Laura Cahillane at ISCL2015@gmail.com . Presentations will be twenty minutes long.
The Conference fee will be €50 for members of the ISCL and €100 for non-members. (Membership fees are €50, student membership is free). The ISCL regrets that it cannot cover travel or accommodation expenses.
Additional information will be posted at www.irishsocietyofcomparativelaw.blogspot.com.
The ISCL was established in June 2008 and is recognised by the International Academy of Comparative Law. The ISCL is open to those interested in Irish and comparative law. Its purpose is to encourage the comparative study of law and legal systems and to seek affiliation with individuals and organisations with complimentary aims. Queries should be directed to niamh.connelly@tcd.ie.
Catégories: Comparative Law News

NOTICE: New Archive dedicated to the Life and Works of Professor Sir Neil MacCormick

Juris Diversitas - ven, 10/31/2014 - 08:37

Exciting News from Queen Mary University of London:
QMUL publishes archive dedicated to life and works of Professor Sir Neil MacCormick
Researchers at Queen Mary University of London have published a digital archive dedicated to the life and works of Professor Sir Neil MacCormick (1941-2009), one of the twentieth century’s most important jurists.
The archive is funded by a Leverhulme research fellowship, and includes very rare audio recordings and video footage of MacCormick’s lectures and interviews. The project is authored and led by Dr Maksymilian Del Mar, Senior Lecturer in Law and Philosophy at Queen Mary University of London.

According to Dr Del Mar, the archive serves as “a valuable educational resource and a historical account of an extraordinary life in public service.”
“MacCormick was an intellectual giant. His contribution to law, politics, and constitutional affairs had a profound and lasting effect on public life in Scotland, the UK and the EU,” said Dr Del Mar.
In addition to MacCormick’s role as a jurist, he had a significant impact on Scottish politics and identity. Described as “the Scottish National Party’s greatest intellectual”, MacCormick was the principal author of the SNP’s Draft Constitution for an Independent Scotland; adopted in 1977, amended in 1991 and officially released in 2002.
He also made a considerable contribution to European politics, having served as a Member of the European Parliament (1999-2004), including as an Alternate Member of the Convention on the Future of Europe (2002-03).
In legal affairs, MacCormick made vital contributions to a wide variety of key topics, including legal reasoning, the relationship between law and power, liberalism and nationalism, and constitutional theory in the United Kingdom and Europe. He did so from the vantage point of the Regius Chair in Public Law and the Law of Nature and Nations at the University of Edinburgh – a post he held for over 36 years.
The archive is presented in chronological order by decade; supported by previously lost or unpublished video and audio material.
Catégories: Comparative Law News

SLS NEWS 23/10/2014

Juris Diversitas - ven, 10/31/2014 - 05:51
As follows some news from the Society of legal scholars:

1) Trinity College Dublin
Public lecture by Professor Andrew Burrows at 5:30pm on Wednesday 29 October. "Remoteness in Contract: The Rights and Wrongs of The Achilleas". Mr Justice Bryan McMahon will chair the event. All are very welcome to attend. Please register at www.eventbrite.ie. Full detailshttps://gallery.mailchimp.com/47624183ad52dd8428c97d3f6/files/Professor_Burrows_Public_Lecture_in_Dublin_29_October_2014.pdf

2)  Lancaster University: one-day symposium on the Rule of Law
31 October 2014.  

The Centre for Law and Society at Lancaster University will host a one-day symposium on the Rule of Law .  The event will centre upon Professor Christopher May’s recent publication, The Rule of Law in Global Politics. Speakers will include prominent figures specialising in public law and political science.  Lunch and refreshments will be provided and attendance is free of charge.  Three PhD travel bursaries (domestic travel only) are available to doctoral students working in this or related fields.  For further details of the symposium, or simply to notify us of your intention to attend, please contact John Murphy at the School of Law, Lancaster University atj.murphy2@lancaster.ac.uk.

3)  University of Nottingham
Wednesday 5 November 2014

Human Rights and Conscientious Objections – Theory and Practice,

The conference will cover a range of current issues including the moral or philosophical basis for conscientious objections, religiously based conscientious objections, whether conscientious objections are protected as part of freedom of religion, the relationship between conscientious objection and civil disobedience, conscientious objections to military service, conscientious objections in a healthcare context, whether conscientious objections should be recognised by  legal systems and, if so, how. The presentations will cover national, European and international perspectives.
Full details can be found at http://www.nottingham.ac.uk/law/events/events.aspx

4) St Mary’s University Twickenham, London
    6 November 2014The Centre for Law and Culture at St Mary’s University, Twickenham is holding a free lecture as part of its 2014-15 Public Lecture Series ‘Graphic Reporting: Human Rights Violations through the Lens of Graphic Novels’ and will be delivered by guest speakers Dr Jérémie Gilbert (University of East London) and Dr David Keane (Middlesex University). It is derived from their contribution to a collection on law and comics, edited by Centre for Law and Culture Co-Director Dr Thomas Giddens (in press at Routledge).The lecture will discuss the potential for graphic novels to influence human rights practice. At present, a handful of pioneering authors are producing graphic accounts of rights violations initially largely involving armed conflict but extending into other situations.Full details at:-

5)  International Conference on the Impact of the WWI on Palestine
hosted by Al-Jazeera Centre for Studies (AJCS) and the Palestinian Return Centre (PRC)
 Sat 8 & Sun 9 November 2014

venue: Bryanston Street London W1H 7EH
The conference will examine the impact of the WWI on Palestine with special interests on the role of the Ottoman Empire and the Zionist Movement. It will examine the political position of the Palestinians and the Arabs in general following the Sykes-Picot Agreement. It will also discuss in-depth the British Mandate and the San Remo Conferencehttp://www.eventbrite.co.uk/e/international-conference-the-impact-of-world-war-one-on-palestine-tickets-12138948923?aff=eorg******************************************************************

6) 14th Annual Conference on European Tort Law (ACET)
    9 until 11 April, 2015

The conference will provide both practitioners and academics with the opportunity to learn of the most significant developments in tort law within Europe in 2014.

Full details and programme are at:
7) Swansea University
Minds, Brains and Law: A Conference on Law and Neuroscience,

11th and 12th December 2014

Speakers:  Michael S Moore, Dennis Patterson, Joanna Glynn QC, Huw Williams, Zachary Hoskins, Marion Godman, Michael Pardo,
John Danaher, Pim Haselager, Burkhard Schafer, Aidan Byrne, Bebhinn Donnelly-Lazarov, Jennifer Chandler, Elizabeth Shaw

This timely conference brings together influential researchers from the rapidly emerging and increasingly important field of law and neuroscience. Developments in neuroscience, and in particular the ability of neuroscientific technologies to probe the depths of mind and brain, are potentially of great significance for law. To what degree, for example, should neuroscientific evidence be admissible in courts? For what purposes? If our actions are the result not of conscious choice but rather the work of synapses and neuronal events, can we really say that anyone is responsible for their actions? The two-day event convened by Swansea University College of Law and its Centre for Global Legal Priorities will explore these and other conundrums in a professionally and academically integrated setting. In addition it will mark the recent publication of Minds Brains and Law, by Professor Dennis Patterson (Swansea) and Professor Michael Pardo (University of Alabama): a book considered likely to ‘profoundly affect the current perception of the relation between law and neuroscience’ (Peter Hacker, St John's College, Oxford). For the programme and registration form, please apply tob.donnelly@swansea.ac.uk

8) QMUL - Centre for Law and Society in a Global Context

Annual Seminar Series -  The international and EU legal aspects of Monetary Policy

12 November 2014, 12.00 to 14.00http://www.law.qmul.ac.uk/events/items/135273.html


)  Bournemouth University - The Centre for Intellectual Property Policy and Management

(CIPPM) at Bournemouth University invites you to attend a one-day event titled 3D Printing: A Selection of Stakeholder Perspectives
To understand the various implications relating to 3D printing, this event, will bring together industry experts, social scientists, policy makers, lawyers, economists and manufacturers of 3D printing. The event will also provide the platform for a discussion and peer-review of the UK Intellectual Property Office (UKIPO) Commissioned Report on the Intellectual Property Implications of 3D Printing carried out by researchers at Bournemouth and Econolyst<http://www.econolyst.co.uk>.

Date: 7 November 2014
Venue: Executive Business Centre, Bournemouth University
Time: Registration: 9.30 am;  Conference: 10:00 – 17.30

For programme andregistration please see http://microsites.bournemouth.ac.uk/cippm/2014/11/07/3d-printing-a-selection-of-stakeholder-perspectives/

10)  Reading University
    Workshop: Writing a Proposal for PhD Applications and Funding 
Friday, 21st November, 1-4pm

This is small group workshop and places are limited. Up to six places will be available to candidates from across the UK.  Attendees may be provided with a Workshop Award to cover or subsidise travel costs.
To apply for a place and a Workshop Award, please send a draft research proposal (400–600 words), a CV, and a short statement outlining your PhD and career plans to the Law School’s PGR Director, Dr Charlotte Smith:c.l.smith@reading.ac.uk.  Closing date: 14th November 2014.

Applicants with interests in the following areas are especially welcome: Constitutional and Administrative Law; Commercial Law, Criminal Justice & Criminology; European Law; Family Law; Human Rights; Legal History; Medical Law; Terrorism & Security; Gender & Sexuality;  Race, Religion and Law.

For inquiries, contact Dr Charlotte Smith
0118 378 5410
Catégories: Comparative Law News

ARTICLE ANNOUNCEMENT: Comparative Law Teaching Through Video Conferencing

Juris Diversitas - ven, 10/31/2014 - 05:44
A new interesting article from (2014) 5 IUCN Academy of Environmental Law e-Journal 1
BRADFORD W. MORSE, University of Waikato
Email: bmorse@waikato.ac.nz
The Editors: "Professor Bradford Morse reflects upon comparative teaching through videoconferencing. His insightful paper highlights a number of key concerns both with co-teaching a course and with the use of technology in teaching. It begins with a review of the developments in technology that first made distance learning a possibility, then leads us to the point where co-teaching across continents is possible. Thereafter Morse considers the challenges and benefits of teaching law through videoconferencing, highlighting as he does some of the benefits and challenges of this form of teaching." (click here to download the full article)
Catégories: Comparative Law News


Juris Diversitas - ven, 10/31/2014 - 05:34
A new issue of ,ISLAMIC LAW & LAW OF THE MUSLIM WORLD eJOURNAL, vol. 7, no. 26, has just been released, following the table of content of this issue:

Re-Emerging Equality: Traditions of Justice in the Cultural Roots of the Egyptian Revolution
by Giancarlo Anello, University of Parma and Khaled Qatam, Independent

The Islamic Influence in (Pre-)Colonial and Early America: A Historico-Legal Snapshot
by Nadia B. Ahmad, Pace University School of Law

Islamic Law as a Comparable Model in Comparative Legal Research: Devising a Method
by Hamid Harasani, King's College London – The Dickson Poon School of Law

Pluralism in Legal Education at the American University of Afghanistan
by Nafay Choudhury, American University of Afghanistan
Catégories: Comparative Law News

ARTICLES ANNOUNCEMENT: Philosophy of Law eJournal

Juris Diversitas - mer, 10/29/2014 - 10:22
We suggest two interesting articles from Philosophy of law eJournal. Click here to view the full table of content of the current issue.

"Law Is Made of Stories: Erasing the False Dichotomy between Stories and Legal Rules" 
Legal Communication & Rhetoric: JALWD, Vol. 11, 2014STEPHEN PASKEY, State University of New York (SUNY), Buffalo, SUNY Buffalo Law School
Email: sjpaskey@buffalo.edu
When lawyers think of legal analysis, they think chiefly of logic and reason. Stories are secondary. As Michael Smith explains, our legal system “is not founded on narrative reasoning” but on “a commitment to the rule of law.” The article suggests that this dichotomy between “rule-based reasoning” and “narrative reasoning” is false, and that narrative and stories are central to legal reasoning, including rule-based reasoning. In doing so, the article uses literary narrative theory to show that every governing legal rule has the structure of a “stock story”: the elements of the rule correspond to elements of a story. It follows that lawyers do not rely on stories simply because they are persuasive. They do so because a story is literally embedded in the structure of governing rules, and those rules can be satisfied only by telling a story. Thus, many analytical moves we label “rule-based reasoning” can be understood as a type of narrative reasoning, in which a client’s story is compared to and contrasted with the stock story embedded in the rule.

"The East African Court of Justice: Towards Effective Protection of Human Rights in the East African Community" 
Max Planck Yearbook of United Nations Law, Volume 17, 2013, p.173-195ALLY POSSI, Centre for Human Rights, University of Pretoria
Email: allypossi@gmail.com Human rights in Africa are under the microscope of regional and sub-regional mechanisms. The regional mechanism is under the auspices of the African Union (AU), in which human rights come under the scrutiny of the African Court on Human and Peoples’ Rights and the African Commission on Human and Peoples’ Rights. Sub-regional organizations, established as Regional Economic Communities (RECs), have recently developed their own jurisprudence in promoting and protecting human rights through their institutions. The Economic Community of West African States (ECOWAS), the East African Community (EAC) and the Southern African Development Community (SADC) have emerged as front runners in realizing human rights in African sub-regional organizations. The EAC is an intergovernmental organization which aims at improving the living standards of its citizens through cooperation in economic, social and political aspects among its Partner States. The principles governing the operations of the EAC in meeting its objectives include the promotion and protection of human rights. The EAC has established the East African Court of Justice (EACJ), tasked with interpreting and ensuring the application of the EAC Treaty. This article pinpoints key challenges that the EACJ is currently encountering and tries to find possible solutions which can improve the functioning of the EACJ to effectively protect human rights in the Community.
Catégories: Comparative Law News

CONFERENCE: Law and Revolution in Ireland: Law & Lawyers before, during, and after the Cromwellian Interregnum

 Law and Revolution in Ireland:Law & Lawyers before, during, andafter the Cromwellian Interregnum CONFERENCE 27-28 NOVEMBER 2014

Thursday, 27 November 2014
Session IDr Stephen Carroll(Trinity College Dublin)Competing authorities: the clash of martial and common law in early seventeenth-century IrelandDr Aran McArdle (Trinity College Dublin)‘Necessarye to keepe Irelande in Order’: Martial law and the 1641 rebellion 
Session IIDr Bríd McGrath (Trinity College Dublin)Electoral law in Ireland in the early seventeenth centuryDr John Cunningham (Trinity College Dublin / University of Exeter)Lawyers and the law in the writings of Sir William Parsons
Session IIIDr Neil Johnston (Department of Culture, Media & Sport, Westminster)Charles II’s legal officers and their influence on the Restoration land settlement in Ireland, 1660-65Prof. James McGuire, MRIA (Irish Manuscripts Commission)Governing Restoration Ireland: the evidence of the proclamations, 1660–70

Friday, 28 November 2014
Session IVJennifer Wells, JD (Brown University / Institute of Historical Research)‘Don’t Kill All the Lawyers!’ – Judges and lawyers in the Interregnum and the making of the British Empire Dr Andrew Robinson(Northern Ireland Policing Board)‘Twixt Treason and Convenience’: Protestant Ireland and the trial of the earl of Strafford
Session VDr Danielle McCormack (Adam Mickiewicz University, Poznań)The rhetoric of law and the Restoration settlement, c. 1660-2                   Prof. Andrew Carpenter, MRIA(University College Dublin)Lawyers and the circulation of scurrilous verse in Restoration Dublin
Session VIDr John J. Cronin (University College Dublin)Countering a revolution with law: the role of the Irish royalist elite in the law courts of the exiled Charles II: 1649-1660Prof. Colum Kenny (Dublin City University)Shooting stars and survivors: King's Inns revisited 1648-1661
Irish Legal History Society AGM
Irish Legal History Society Winter DiscourseDr Coleman A. Dennehy (University College Dublin / University College London)Appointments to the Irish bench in the early Restoration period

For registration, please email Dr Coleman Dennehy (c.dennehy@ucl.ac.uk)
Catégories: Comparative Law News

CALL FOR PAPERS: 'Law in Transition' - Association of Young Legal Historians Annual Forum

Juris Diversitas - mer, 10/29/2014 - 09:33
The XXIst Annual Forum of Young Legal Historians, and 6th Berg Institute International Conference, with the theme "Law in Transition", will take place at Tel Aviv University March 1-3, 2015.
[The deadline for proposals is 1 November 2014. Apologies for the late posting. SPD]
The upcoming XXIst Annual Forum of the Association of Young Legal Historians aims at a comprehensive discussion of law in transition. A wide variety of transitions of historical significance can be explored: political, economic, social, cultural, and more. “Law”—legal symbols, discourses, players, institutions, theories, and texts—has played a significant role in historical transitions, and legal historians have been crucial in exploring its multiple and contradictory effects. The stakes are not just historical, but current: these studies encourage transitions in the way law itself is conceived, theorised, and researched.
We invite young legal historians to present papers dealing with any aspect of law in transition. (Proposals on other topics will also be considered.) Papers can explore specific events or periods in a particular region or state, or provide a comparative analysis of different periods or multiple locations. Papers can focus on local questions or deal with transnational legal justice. We welcome papers combining legal transitions with political, economic, social, and cultural ones. Methodological reflections are also welcome:  Have legal transitions been “top-down” or “bottom-up”? What have been the legal sources of transition? What are the relationships between legal and non-legal histories of transition? What conceptions of law, its forms of operation, its effects, and its significance inform the analysis of transition?
The conference's discussion formats will vary to include panels of 3-4 independent papers, roundtables, panels dedicated to a specific book (including author-meets-readers if authors can attend), and panels dedicated to a canonical article. The organising committee encourages the submission of proposals for all of these formats, and will also welcome new and exploratory formats.
Presentations may be given in any major language, but English-language presentations are likely to receive the widest audience.
The deadline for proposals is 1 November 2014; please emailForum2015@aylh.org. Decisions will be made quickly.Proposals for individual papers should include an abstract of up to 350 words and a short c.v.Proposals for full panels should include, in addition to individual paper proposals, an abstract introducing the theme of the panel.Proposals for roundtables should include an introduction of theme, abstracts of presenters’ intended comments (up to 100 words for each presenter), and a short c.v. for each participant.Proposals for panels discussing a single book or article should include a full citation of the book or article, an explanation of its significance, abstracts of the papers, and a short c.v. for each participant.
The conference fee will be ILS 450 (approximately 95 Euro). The program will include social events and tours.
Discounted conference fees and accommodation at a nominal charge will be available for participants with no institutional funding. Applicants requesting such support should explain their request in a document accompanying their submission.
The Call for Papers can be found here. Further information about the Association of Young Legal Historians and past Annual Forums can be found at www.aylh.org. Please direct any questions about the conference to Forum2015@aylh.org.
The conference is sponsored by the David Berg Foundation Institute for Law and History, Buchmann Faculty of Law, Tel Aviv University, with the support of the TAU Office of the Vice President, Cegla Center for Interdisciplinary Research, Entin Faculty of Humanities, and Yavetz Graduate School of Historical Studies.
We look forward to welcoming you to Tel Aviv.
The Organising Committee: Omer Aloni, Yael Braudo-Bahat, Doreen Lustig, Dina Moyal, Anat Rosenberg, David Schorr
Catégories: Comparative Law News

CFA: "Autour du «chef» : pour une histoire du commandement et de l’autorité" (Rome, 2-6 February 2015)

WHAT: Autour du «chef» : pour une histoire du commandement et de l’autorité, Atelier doctoral, Call for application

WHERE: Ecole française de Rome, piazza Farnese, Rome

WHEN: 2-6 Febuary 2015

Deadline 25 November 2014

L’École française de Rome, en collaboration avec l’Université de Roma 3, l’EHESS (Centre des normes juridiques de Paris - UMR 8178, le CIHAM (UMR 5648 - CNRS/Université de Lyon 2) et l’Université de Montpellier 3 (Centre d’études médiévales de Montpellier, EA 4583), organise un séminaire doctoral annuel à Rome du 2 février au 6 février 2015. Ce séminaire aura pour objet l'histoire du commandement et de l’autorité au Moyen Âge, mais donnera aussi une large place à ses prolongements modernes et contemporains, en tenant évidemment compte des héritages antiques et en mobilisant, autant que faire se peut, une démarche comparatiste. On se demandera par quels moyens et dans quelles circonstances les sociétés occidentales sont parvenues à élaborer ce « besoin du chef » - dont parle Yves Cohen dans son livre récent Le siècle du chef - qui s’impose définitivement depuis la fin du XIXe siècle dans la politique et dans tout milieu institutionnel en Europe comme dans d’autres continents ? Centré autour de cette figure sociologiquement assez fuyante, l’atelier sera consacré à la reconstruction historique des montages institutionnels que depuis le Moyen Age le droit, la religion, la politique et, depuis le XVIIIe siècle, l’administration étatique et d’entreprise ont été capables d’imaginer et d'appliquer pour structurer cette fonction du chef. Le tournant populiste et démagogique que les démocraties occidentales revivent ces derniers années nous incite à problématiser les catégories et les pratiques de cette incarnation du pouvoir sur une très longue durée, à partir des contextes médiévaux dans lesquels s’est structurée une géographie de la grandeur. 

Le séminaire doctoral se déroulera de la manière suivante : les matinées seront animées chacune par un conférencier et un discutant qui se pencheront sur les thématiques de l'atelier, alors que les après-midis seront consacrés à la présentation des travaux des doctorants, trois pour chaque jour. Les présentations des travaux des étudiants (durée : 20 minutes chacune) seront ensuite discutées par les conférenciers et feront l’objet d’un débat général. 
L’École française propose 12 bourses pour des jeunes chercheurs (doctorant-e-s et postdoctorant-e-s de la Communauté européennes et d’autres pays) venu-e-s d'horizons différents (histoire, droit, philosophie, sociologie, anthropologie...) ayant effectué ou effectuant un travail de recherche sur des thèmes liés à la problématique du séminaire. Ces bourses couvrent uniquement les frais de séjour à Rome. Le transport est à la charge des étudiants.Les candidat-e-s devront envoyer par e-mail avant le 25 novembre 2014 à l’adresse secrma@efrome.it un dossier constitué de : une lettre de motivation ; un bref curriculum vitae précisant les compétences linguistiques et, le cas échéant, une liste de publications ; un résumé du projet (2 pages au max., env. 6000 signes) ; une lettre de recommandation.Le Comité scientifique se réserve la possibilité d’accueillir, comme auditeurs, d’autres participants, qui prendraient à leur charge les frais de séjours et prouveraient leur intérêt à suivre le séminaire.Les candidat-e-s seront choisi-e-s en considération de leur projet par le Comité scientifique. Ils seront prévenus de l’obtention de la bourse avant le 5 décembre. Ils devront ensuite fournir un texte d’environ 10 pages (30 000 signes) dans une des langues de la conférence (français, italien ou anglais) avant le 10 janvier 2015. Les projets seront commentés, avant la discussion générale, par un expert. Les meilleures communications pourront être proposées à la publication dans les Mélanges de l’École française de Rome. Moyen Âge (http://mefrm.revues.org/) Les candidats retenus pour le séminaire seront tenus d’assister à l’ensemble des séances. 

Comité scientifique Jacques Chiffoleau, Yves Cohen, Emanuele Coccia, Emanuele Conte, Patrick Gilli, Stéphane Gioanni, Paolo Napoli 

Contacts École Française de Rome Stéphane Gioanni, Directeur des études médiévales Grazia Perrino, Secrétariat des études médiévales Piazza Farnese, 67 - I – 00186 Roma - Tel. (+39) 06 68 60 12 48 - email : secrma@efrome.it 

Catégories: Comparative Law News

CONFERENCE: the fourth Biennal ESCLH Conference (Gdansk, 2016)

WHAT: the fourth Biennal ESCLH Conference
WHERE: Gdansk University, Gdansk (Poland)
WHEN: 2016

Call for papers will be announced by mid-2015 on this blog
With great pleasure we announce and invite you to the fourth Biennial ESCLH Conference, which will take place in 2016 in Gdansk – the Hanseatic city of merchants, the birthplace of Solidarity movement, and the location of the largest institution of higher education in northern Poland!Gdansk, together with Gdynia and the seaside resort of Sopot, creates a metropolitan of over 1 million people. It is a city with a rich, more than 1,000-year, history, representing a vibrant and modern center of the dynamically developing Poland.Gdansk, the Hanseatic city, has been an important center of international trade since the Middle Ages. The particular merchant and commercial nature of Gdansk made unusual in this part of Europe. Gdansk undoubtedly enjoyed a special status in the region as a city situated at the intersection of cultures and nationalities, where Central and Eastern Europe meets Western Europe.Gdansk is the birthplace of the Solidarity movement which under the leadership of Lech Wałęsa, played a major role in bringing an end to Communist rule across Central Europe and the existence of the Iron Curtain dividing Europe by nearly a half-century.University of Gdansk is the largest institution of higher education in northern Poland, With almost 33,000 students in the eleven faculties and 1,700 academic staff members. The Faculty of Law and Administration of the University of Gdansk is considered one of the best Law Faculties in Poland. Our University and Faculty cooperate with many foreign universities and research institutes around the world.Gdansk is very well-connected city. Lech Wałęsa International Airport, with a new terminal opened ahead of Euro 2012, offers frequent direct flights to London, Paris, Frankfurt, Munich, Copenhagen, Helsinki, Stockholm, Amsterdam, Rome and Berlin.        To learn more about our city and the university, we have produced a short movie: http://arch.prawo.ug.edu.pl/films/ug3.mp4 Enjoy!
Catégories: Comparative Law News