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BOOK:An Introduction to Empirical Legal Research

lun, 08/18/2014 - 15:54
A new book from Oxford University Press, as follows the main features of this publication:
  • A concise, accessible introduction to understanding, conducting, and evaluating empirical research in a legal context ts the foundations of statistical modelling and analysis in a language accessible to lawyers with no background in mathematics or formal social science methods.
  • Presents the foundations of statistical modelling and analysis in a language accessible to lawyers with no background in mathematics or formal social science methods
  • Supported by an extensive companion website that includes detailed case studies and sample data sets, introductions to statistical software, guides to best practice, and extensive references for further reading
Click here for further information.
Catégories: Comparative Law News

SSRN PAPER: Mobilizing Law for Justice in Asia: A Comparative Approach

lun, 08/18/2014 - 15:02

FRANK W. MUNGER, New York Law School
Email: fmunger@nyls.edu
SCOTT L. CUMMINGS, University of California, Los Angeles (UCLA) - School of Law
Email: cummings@law.ucla.edu
LOUISE G. TRUBEK, University of Wisconsin Law School
Email: lgtrubek@facstaff.wisc.eduThis article offers a comparative framework for studying why and how law is mobilized to advance justice claims by marginalized groups in Asia. In it, we build upon a series of collaborative exchanges between practitioners and scholars on the role of social justice lawyers in eleven Asian countries: Bangladesh, China, India, Indonesia, Malaysia, Mongolia, Myanmar, Philippines, Singapore, Thailand, and Vietnam. Based on lessons from this collaboration, we suggest that one way to understand variation in the type and scope of legal mobilization for the politically weak is in relation to two important domestic factors: political openness and autonomy of law. We use these factors to explore the institutions that shape legal mobilization across the region, focusing attention on how they influence sites and strategies for advancing justice in specific countries. We then consider how political openness and autonomy of law interact with global factors to influence the availability and type of funding for social justice work. Our main goal is to show how comparative analysis illuminates context-specific reasons for differences in social justice practice, while providing a framework to guide deeper investigation of the role of law in Asian development. A central finding from our research is that Asian lawyers who mobilize law for social justice, though marginal in numbers and status, often help to open new paths for change.
Catégories: Comparative Law News

BOOK: Legal Thought And Philosophy

dim, 08/17/2014 - 05:44
Another new publication from Edward Elgar Publishing:

Legal Thought And Philosophy

What Legal Scholarship is About
Bert van Roermund, Tilburg University, The Netherlands
‘This book proves to be an excellent guide through the labyrinth of law. Its crucial point is legal order viewed from the perspective of a situated “We”. Jurisprudence appears as an implicit sort of thinking, embedded in moral, political, epistemological, and linguistic contexts. Numerous example cases lead us from everyday issues to the abysses of violence. Anyone who practises or studies law will highly profit from reading this book. One sees how law functions by being more than mere law.’
– Bernhard Waldenfels, Ruhr-University Bochum, Germany

Legal Thought and Philosophy clarifies background questions in legal research projects, such as the relationship between law and justice, law and politics, law and knowledge, facts and norms, normativity and validity, constituent and constitutional power, and rule and context. It provides advanced students in law and philosophy with an account of legal thinking that combines analytical and phenomenological insights.

From a conception of justice as principled political self-restraint, the book explains why there are moral reasons to separate law from morality conceptually and in what sense a legal order is positive – that is, set by authority and bound up with history. The book explores the conditions under which law may become an object of knowledge and theorising, before finally discussing how these features come together in law as rule-following by citizens, officials, judges, and legislators alike.

Addressing advanced students in law and philosophy, this key book:

• bridges separate traditions in legal philosophy (in particular analytical philosophy and phenomenology)
• develops a view of law as an institution of authority from a conception of justice in the socio-political relationship between ‘we’ and ‘the others’
• presents a systematic account of normativity and validity
• explains in what sense law is ‘doing things with rules’.
Catégories: Comparative Law News

BOOK: Classics in Comparative law

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

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:

The Guest Editors’ IntroductionPatricia Popelier and Werner Vandenbruwaene
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

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

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 the Max-Planck Institute for European Legal History

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

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

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

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

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

JOURNAL: Global Jurist New Issue

sam, 08/02/2014 - 15:50
A new issue of Global Jurist has just been published.
Please Click here for further information about this issue
Catégories: Comparative Law News