21 April 2017

Twenty-First-Century Immigration to North America at MQUP

New Release from MQUP 

Twenty-First-Century Immigration to North America
Newcomers in Turbulent Times
Edited by Victoria Esses and Donald E. Abelson

“A valuable book for scholars, students, policy makers, and practitioners, Twenty-First-Century Immigration to North America not only demonstrates the complexity of immigration, but also provides readers with a unique analytical lens, rich insights, and specific directions for future research.” - Miu Chung Yan, University of British Columbia

$34.95 (Paperback)


A revealing assessment of the policies, practices, and impact of immigration to Canada and the United States.
Human migration has reached an unprecedented level, and the numbers are expected to continue growing into the foreseeable future. Host societies and migrants face challenges in ensuring that the benefits of migration accrue to both parties, and that economic and socio-cultural costs are minimized.

An insightful comparative examination of the policies and practices that manage and support immigrants to Canada and the United States, Twenty-First-Century Immigration to North America identifies and addresses issues that arose in the early years of the twenty-first century and considers what to expect in the years ahead. The volume begins with an overview of immigration policies and practices in Canada and the United States, then moves to an investigation of the economic and socio-cultural aspects, and concludes with a dialogue on precarious migration. Taking a multidisciplinary approach, the editors include research from the areas of psychology, political science, economics, sociology, and public policy.

Victoria M. Esses is professor of psychology and director of the Centre for Research on Migration and Ethnic Relations at the University of Western Ontario, and principal investigator of the Pathways to Prosperity Partnership.

Donald E. Abelson is professor and chair of political science at the University of Western Ontario and the author of Northern Lights: Exploring Canada’s Think Tank Landscape, A Capitol Idea: Think Tanks and U.S. Foreign Policy, and Do Think Tanks Matter?: Assessing the Impact of Public Policy Institutes.

Course adoption/exam copy requests: 

Media/review copy requests:

Jacqui Davis, Publicist 
Tel: 514-398-2555

12 April 2017

The UK after Brexit: Legal Policies and Challenges

The UK after Brexit
Legal and Policy Challenges

Michael Dougan (ed.)

June 2017 | ISBN 978-1-78068-471-0 | approx. 300 pp. | paperback

29 GB pounds | 31 euros | 37 US dollars
The UK after Brexit is the result of a cooperation between a group of leading academics from top institutions in the UK and beyond. It offers students, practitioners and scholars an authoritative, informative and thought-provoking series of analyses of some of the key challenges facing the UK legal system in and through the process of ‘de-Europeanisation’ – that is, in and through ‘Brexit’. It provides discursive exploration of key issues and themes for reflection and debate within multiple areas of law, broadly divided into three main areas of interest:

- constitutional concerns such as the relationship between Parliament and the Executive, the relevance of devolution, and the impact on the courts;

- substantive topics including employment law, environmental law, financial services, intellectual property, and criminal cooperation;

- issues regarding the UK’s external relations, for example its relations with the EU, membership of the World Trade Organisation, ingredients for creating UK trade policy and bilateral investment policy, and international security (the UN, NATO and more).

The structure of this work is specifically designed to offer the clearest presentation of these analyses and constitute a critical, comprehensive resource on the effects of de-Europeanisation on the UK legal system. These analyses will remain relevant over time – not only as the withdrawal process unfolds, but well into the future as the UK reorientates its legal system to new internal and external realities.


11 April 2017

This book provides a comparative study of contract law, examining the interaction of common law and civil law approaches to contract law. Drawing extensively upon English, French and European law, the book explores how the law of contract of Jersey, Channel Islands, has been influenced by both civil law and common law sources. It is argued that this jurisdiction is a striking example of comparative law in action, given that Jersey contract law is made up of a blend of common law and civil law approaches. Jersey law is premised upon a subjective approach to contracts, in which civil law concepts such as cause (rather than consideration) and vices de consentement are the foundational aspects, but is nonetheless highly influenced by the common law in areas such as remedies (damages, termination, etc).

The book analyses a series of key issues from a comparative and European perspective, including the principles underlying contract law (comparing and contrasting civil and common law approaches), the formation of contract, requirements of reciprocity (cause vs consideration), the structure and approach of precontractual liability, the role of good faith in a mixed system, the architecture of remedies, and more.

Table of contents

1. Introduction
2. A Mid-Channel Jurisdiction-Jersey as a Mixed Legal System
3. Basic Principles of Contract Law from a Comparative Perspective
4. The Formation of a Contract
5. Undermining a Contract: Vices de Consentement 
6. Effects of Contracts
7. Comparing Remedies
8. Comparative Law Lessons and Reform Issues
- See more at: http://www.bloomsbury.com/au/comparative-law-in-practice-9781782257219/#sthash.VKNl5EfP.dpuf

About the author: Duncan Fairgrieve

Annual Meeting of the American Society of Comparative Law

Announcement and Call for Panels

Annual Meeting of the American Society of Comparative Law
Comparative Law, Faith and Religion:
The Role of Faith in Law

October 26-28, 2017
American University Washington College of Law
Washington D.C.

The American Society of Comparative Law and American University College of Law invite all interested scholars to consider submitting a panel proposal for the upcoming Annual Meeting of the American Society of Comparative Law that will be held between Thursday, October 26, and Saturday, October 28, 2017, at American University Washington College of Law, Washington D.C.  entitled Comparative law, Faith and Religion:  The Role of Faith in Law.

This conference was in large part inspired by the work of the late Patrick Glenn on legal traditions.  Professor Glenn bravely undertook to “compare the world” with his emphasis on legal “traditions” and by extending the scope of comparative law beyond what most comparative scholars are comfortable with.  Glenn looked beyond the civil and common law legal traditions to the Chthonic, the near eastern Jewish and Islamic legal traditions, and to the Confucian and Hindu traditions that challenge our basic assumptions about the rule of law.

The conference organizers have distinguished between faith and religion. The term “faith” is defined as having “complete trust and confidence”, while the term religion is traditionally used to include the doctrine and institutions.  Of course, it is possible to have faith in God or a religion but it is also possible to have faith in a secular text such as the U.S. Constitution or a civil code, and this faith may be of such fervor that it could be called a secular religion.

Examples of diverse topics that such a conference could address are:  (1) historical or modern day attitudes that result in having faith in a legal tradition or developing religious attitudes towards secular texts such as the U.S. constitution; (2) a comparison of secular faith with religious faith in a legal system, perhaps looking at the history and development of western democracies; (3) the role of Christianity in development of common and/or civil law traditions; (4) comparative approaches to legal ethics and the influence of religion on development and implementation of ethical rules for lawyers and judges; (5) Islamic visions of dispute settlement and the role of Islamic law in modern day commercial arbitration; (6) the role of Catholicism in development of family law in Latin America; (7) Laws of the nation’s secular authority as faithless law;  (8) the continuing influence of Hindu “law”; (9) whether there is such a thing as Buddhist law?; (10) the influence of the Talmud on modern western legal systems or (11) the challenge of teaching about religion in a law school setting; etc.  Interdisciplinary work is encouraged.

The Annual Meeting of the ASCL will have two time slots for concurrent panels on Friday, October 27, 2017. One of these time slots will include panels organized around a common theme, while the other time slot will include panels arranged by region that may include more than one theme on comparative law, faith, and religion. We will consider all panel proposals but for the regional panels we especially encourage submissions focused on Africa, Asia, the Caribbean, Latin America, the Middle East, and any other region or subregion that includes developing countries.

The Annual Meeting Committee of the American Society of Comparative Law will select the panels that will be held at the meeting in consultation with American University Washington College of Law. Panel proposals should include up to four speakers, a panel title, and a one-to-two-paragraph description of the ideas that the panel will explore. Panel proposals should be submitted via e-mail to Tra Pham at tpham@wcl.american.edu of American University Washington College of Law no later than June 1, 2017, and copied to Máximo Langer from the American Society of Comparative law at langer@law.ucla.edu.

Any questions about the panel proposals should be addressed to Máximo Langer and copied to Fernanda Nicola (fnicola@wcl.american.edu) and Padideh Alai (palai@wcl.american.edu)

07 April 2017

International Workshop in Trento: UNIFORM CIVIL CODE IN INDIA


International Workshop

27 - 28 April 2017

The preamble to India’s 1950 Constitution declares it to be a secular state. Yet, religions play a highly visible role in the Indian public sphere. Furthermore, in spite of the constitutional mandate (“The State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India”, art. 44), a regime of personal laws - based on religious or customary ground - is actually applied, mostly in matters of family law and group status. The political process is presently re-considering the adoption of a uniform civil code, and the question whether such a solution - long waited for - is more consistent with the principle of constitutional secularism and more respectful to religious pluralism needs to be critically addressed, in a context - like the Indian one - where the balance between constitutional secularism and a deeply religious and plural society has been firmly guaranteed by the Supreme Court.

The current debate in India offers the opportunity to reconsider general categories of constitutional law and comparative models in the light of other relevant [South]Asian experiences and trends, including also perspectives drawing on mainly Islamic contexts. The International Workshop at the Law School in Trento, sponsored by the Research Project on Jurisdiction and Pluralisms, has the purpose of contributing to a better understanding of the political and systemic dynamics of Asian constitutionalism and law as well as the potential for expansion of the rationale of legal pluralism in culturally plural contexts.

Annual Conference on Law and Food

Though we already have a most exciting program, 

late submissions are still accepted until the end of April!


July 10-12, 2017

Lyon, France

EM Lyon & Université Jean Moulin

Law & Food
La cuisine juridique

09 March 2017

New Comparative Law Titles at Oxford

Fiduciaries of Humanity: How International Law Constitutes Authority discusses a new model of public international law where individuals as well as states are proper subjects, while human dignity has come to rival state autonomy as an organizing principle of international law.

Translating the Social World for Law: Linguistic Tools for a New Legal Realism provides specific examples of difficulties facing interdisciplinary communication between law and social science in an era where the legal academy is once again turning to social science.

Institutionalizing State Responsibility: Global Security and UN Organ investigates the contributions of the General Assembly, International Court of Justice, and Security Council in the implementation of the law of State responsibility.

Fighting at the Legal Boundaries: Controlling the Use of Force in Contemporary Conflict offers a holistic approach towards the application of the various constitutive parts of international law. It focuses on the interaction between the applicable bodies of law by exploring whether their boundaries are improperly drawn, or are being interpreted in too rigid a fashion.

Culture in Law and Development: Nurturing Positive Change presents a provocative new solution to the seemingly intractable problem of combining international norms with local cultural traditions. It demonstrates how the gradual expansion of customary international law provides a model for changing culture in ways that protect and advance local populations.

25 February 2017

Annual Conference on Law and Food: still time to Submit

Juris Diversitas will accept submissions until the end of March.
Contact Prof. Olivier Moréteau at moreteau@lsu.edu with any question. 


July 10-12, 2017

Lyon, France

EM Lyon & Université Jean Moulin

Law & Food
La cuisine juridique

The Theme:
For its 5th Annual Conference, Juris Diversitas revisits its culinary origins, expressed in the logo. The links between law and food are as old as the concept of law. Babylon, Egypt, Greece, and Rome cared about access to water resources and food, whether it came to trade or protection. Since times immemorial, Bhutan makes sure every citizen has access to a minimal acreage of land to secure food for the family. Whilst religions multiplied food prohibitions and prescriptions, customs redistributed land, shared its occupancy in creative ways, or favored communal property so that everyone had access to food. Laws have multiplied to facilitate food trade, security, safety, traceability, and also to promote and protect food and wine production, using trademarks and geographical denominations. In addition, the language of food and cooking offers legal thinkers and teachers mouth-watering metaphors, comparing rules to recipes, and their combination to culinary processes.

All law related food topics, whether liquid or solid, vegetal or animal, real or symbolic, tasty or toxic, old or new, home-made or industrial, fast or simmering, whether connected or not to the environment, sustainable development, climate change, literature, art, science, faith, beliefs, or any dimension of human experience may be revisited in an interdisciplinary perspective from the moment they intersect with rules, norms, or prescriptions of all kinds. You are invited to cook and share food for thought at every possible level, past, present, and future, local, regional, and global, topical and utopic, and feed at a two-day and a half worldwide intellectual banquet in a truly unique culinary capital of Europe.

Panel proposals and interdisciplinary presentations are strongly encouraged, as is the participation of doctoral students and scholars from outside of the discipline of law. While parallel sessions featuring three presentations of twenty-minute each will be the pattern, more creative arrangements are encouraged.

Proposals should be in English or in French. Proposals of circa 250 words (or 1000 words for panel proposals with three or more speakers) should be submitted to Professor Salvatore Mancuso at jdlyon2017@yahoo.com by FEBRUARY 28, 2017, with a short biography paragraph listing major or relevant publications. Make this a single Word document with minimal formatting, so that proposal and biography can be copied easily into the conference program.

Registration Fees:
€200 or €125 for Juris Diversitas members paid up for 2017. Membership and fee payment information is available on the Juris Diversitas Blog (http://jurisdiversitas.blogspot.com/). Note that fees do not cover travel, accommodation, or the conference dinner (€50).

08 February 2017

Law & Literature on 'Legal Bodies'

Special Issue - Legal Bodies: Corpus/Persona/Communitas
We are pleased to offer you free access* to the latest Special issue from Law & Literature on 'Legal Bodies'. 
Law & Literature is the leading interdisciplinary law journal directed to law and the arts. This issue investigates the way literary and artistic texts interrogate the notion of 'personhood', focussing on both historical and contemporary (re-) conceptualizations of the notion within the domain of law.
Articles include: 
*Free access is available until the end of February, 2017.
Kind regards,
Bryony Goodwin
Routledge Law

31 January 2017

New from Hart Publishing

Legitimate Expectations in the Common Law World
Edited by Matthew Groves and Greg Weeks

The recognition and enforcement of legitimate expectations by courts has been a striking feature of English law since R v North and East Devon Health Authority; ex parte Coughlan [2001] 3 QB 213.  Although the substantive form of legitimate expectation adopted in Coughlan was quickly accepted by English courts and received a generally favourable response from public law scholars, the doctrine of that case has largely been rejected in other common law jurisdictions. The central principles of Coughlan have been rejected by courts in common law jurisdictions outside the UK for a range of reasons, such as incompatibility with local constitutional doctrine, or because they mark an undesirable drift towards merits review. The sceptical and critical reception to Coughlan outside England is a striking   contrast to the reception the case received within the UK. This book provides a detailed scholarly analysis of these issues and considers the doctrine of legitimate expectations both in England and elsewhere in the common law world.

Matthew Groves is Professor of Law at the Faculty of Law, Monash University.
Greg Weeks is Senior Lecturer in the Faculty of Law, University of New South Wales.

January 2016     9781849467780     368pp     Hardback     RSP: $108

Imprint: Hart Publishing


Negligence and Illegality
Sharon Erbacher

This book examines claims in negligence arising from illegal conduct of the claimant. An array of public policy and other grounds have been advanced for resolving these claims, resulting in an area that is characterised by confusing and contradictory case law. The book analyses the various explanations put forward as the basis for illegality doctrine within a framework of corrective justice theory.
Illegality law poses particular challenges for the corrective justice explanation of negligence law, as many illegality tests are based on public policy considerations external to the relationship of the parties.
The book argues that the only circumstance where illegality doctrine should be applied to deny a claim is where this is necessary to preserve the coherence of the legal system. It develops the work of Ernest Weinribian corrective justice theorists to explain how the principle of legal coherence fits within the framework of corrective justice theory, and why legal coherence is the only valid conceptual basis for a doctrine of illegality. It also contains a detailed study on the scope of the coherence rationale and the principles that will determine its application.

Sharon Erbacher is a Senior Lecturer at the Law School at Deakin University, Australia.

January 2016     9781509906666     272pp     Hardback     RSP: $108

Imprint: Hart Publishing


Private Law and Power
Edited by Kit Barker, Simone Degeling, Karen Fairweather and Ross Grantham

The aim of this edited collection of essays is to examine the relationship between private law and power – both the public power of the state and the ‘private’ power of institutions and individuals. It describes and critically assesses the way that private law doctrines, institutions, processes and rules express, moderate, facilitate and control relationships of power. The various chapters of this work examine the dynamics of the relationship between private law and power from a number of different perspectives – historical, theoretical, doctrinal and comparative. They have been commissioned from leading experts in the field of private law, from several different Commonwealth Jurisdictions (Australia, the UK, Canada and New Zealand), each with expertise in the particular sphere of their contribution. They aim to illuminate the past and assist in resolving some contemporary, difficult legal issues relating to the shape, scope and content of private law and its difficult relationship with power.

Kit Barker is Professor of Private Law, Karen Fairweather is an  Associate Lecturer and Ross Grantham is Professor of Commercial Law, all  at the TC Beirne School of Law, University of Queensland.
Simone Degeling is Professor of Law at UNSW Australia.

January 2016     9781509905997     320pp     Hardback     RSP: $128

Imprint: Hart Publishing


Dalhuisen on Transnational Comparative, Commercial, Financial and Trade Law
3 Volume Set
Jan H Dalhuisen

This is the sixth edition of the leading work on transnational and comparative commercial and financial law, covering a wide range of complex topics in the modern law of international commerce, finance and trade. As a guide for students and practitioners it has proven to be unrivaled. The work is divided into three volumes, each of which can be used independently or as part of the complete work.
Volume one covers the roots and foundations of private law; the different orientations and structure of civil and common law; the concept, forces, and theoretical basis of the transnationalisation of the law in the professional sphere; the autonomous sources of the new law merchant or modern lex mercatoria, its largely finance-driven impulses; and its relationship to domestic public policy and public order requirements.
Volume two deals with transnational contract, movable and intangible property law.
Volume three deals with financial products and financial services, with the structure and operation of modern commercial and investment banks, and with financial risk, stability and regulation, including the fall-out from the recent financial crisis and regulatory responses in the US and Europe.
All three volumes may be purchased separately or as part of this set.

Jan H Dalhuisen is Professor of Law at King's College London and Miranda Chair in Transnational Financial Law in the Catholic Universtity in Lisbon. He is a Visiting Professor at the University of California at Berkeley and former Visiting Professor at the Tsinghua University in Beijing, the University of Hong Kong and the University of New South Wales in Sydney Australia.

January 2016     9781509907533     Hardback     RSP: $534

Imprint: Hart Publishing


Access to Justice and Legal Aid
Comparative Perspectives on Unmet Legal Need
Edited by Asher Flynn and Jacqueline Hodgson

This book considers how access to justice is affected by restrictions to legal aid budgets and increasingly prescriptive service guidelines. As common law jurisdictions, England and Wales and Australia, share similar ideals, policies and practices, but they differ in aspects of their legal and political culture, in the nature of the communities they serve and in their approaches to providing access to justice. These jurisdictions thus provide us with different perspectives on what constitutes justice and how we might seek to overcome the burgeoning crisis in unmet legal need.
The book fills an important gap in existing scholarship as the first to bring together new empirical and theoretical knowledge examining different responses to legal aid crises both in the domestic and comparative contexts, across criminal, civil and family law. It achieves this by examining the broader social, political, legal, health and welfare impacts of legal aid cuts and prescriptive service guidelines. Across both jurisdictions, this work suggests that it is the most vulnerable groups who lose out in the way the law now operates in the twenty-first century. This book is essential reading for academics, students, practitioners and policymakers interested in criminal and civil justice, access to justice, the provision of legal assistance and legal aid.

Asher Flynn is a Senior Lecturer in Criminology within the School of Social Sciences at Monash University.
Jacqueline Hodgson is Professor of Law and Director of the Criminal Justice Centre in the School of Law, University of Warwick.

January 2016     9781509900848     336pp     Hardback     RSP: $94

Imprint: Hart Publishing


EU Non-Discrimination Law in the Courts
Approaches to Sex and Sexualities Discrimination in EU Law
Jule Mulder

Since the year 2000, the material and personal scope of EU non-discrimination law has been significantly broadened and has challenged national courts to introduce a comprehensive equality framework into their national law to correspond with the European standard. The book provides a multi-layered culturally informed comparison of juridical approaches to EU (in)direct sex and sexualities discrimination and its implementation in Germany and the Netherlands. It examines how and why national courts apply national non-discrimination law with a European origin differently, although the legislation derives from the same set of EU law and the national courts have to respect the interpretive competence of the CJEU. The book provides valuable insights into the national and European context which shape the dialogue and influences of the courts inter se, the national application of EU law, and the harmonisation process within the area of gender equality law and beyond.
A Dutch and German comparison is of special interest here because both countries’ approaches towards non-discrimination law are quite different despite the similarities in the respective legal systems; they are founding members of the EU, they are neighbours, they are civil law countries, and their legal systems  are relatively similar at least compared to Scandinavian and common law jurisdictions. Therefore, the different reception EU non-discrimination law cannot simply be explained by obvious differences between the legal systems. Their comparison thus provides an interesting case study to uncover legal and non legal, cultural and historic, factors which influence the application of EU non-discrimination law in both countries. The book is of interest for EU, comparative and equality lawyers.

Jule Mulder is a lecturer in law at the University of Bristol.

January 2016     9781849467636     344pp     Hardback     RSP: $88

Imprint: Hart Publishing


Multilevel Constitutionalism for Multilevel Governance of Public Goods
Methodology Problems in International Law
Ernst Ulrich Petersmann

This is the first legal monograph analysing multilevel governance of global ‘aggregate public goods’ (PGs) from the perspective of democractic, republican and cosmopolitan constitutionalism by using historical, legal, political and economic methods. It explains the need for a ‘new philosophy of international law’ in order to protect human rights and PGs more effectively and more legitimately. 'Constitutional approaches’ are justified by the universal recognition of human rights and by the need to protect ‘human rights’, ‘rule of law’, ‘democracy’ and other ‘principles of justice’ that are used in national, regional and UN legal systems as indeterminate legal concepts. The study describes and criticizes the legal methodology problems of ‘disconnected’ governance in UN, GATT and WTO institutions as well as in certain areas of the external relations of the EU (like transatlantic free trade agreements). Based on 40 years of practical experiences of the author in German, European, UN, GATT and WTO governance institutions and of simultaneous academic teaching, this study develops five propositions for constituting, limiting, regulating and justifying multilevel governance for the benefit of citizens and their constitutional rights as ‘constituent powers’, ‘democratic principals’ and main ‘republican actors’, who must hold multilevel governance institutions and their limited ‘constituted powers’ legally, democratically and judicially more accountable.

Ernst Ulrich Petersmann is emeritus professor and former head of the law department of the European University Institute at Florence (Italy). He combined 40 years of legal practice in German, European, UN, GATT and WTO governance institutions with teaching international and European law at numerous universities in Germany, Switzerland, Italy, the USA as well as in African and Asian countries. He was secretary, member or chairman of numerous GATT/WTO dispute settlement panels and chairman of the International Trade Law Committee of the International Law Association (1999–2014).

January 2016     9781509909124     416pp     Hardback     RSP: $114

Imprint: Hart Publishing


Please click on the links below each title to order through our website, alternatively please contact ISBS to place your order quoting the reference ‘HART EMAIL’
ISBS (International Specialized Book Services), 920 NE 58th Avenue, Suite 300, Portland, OR 97213-3786, USA
Tel: +1 503 287 3093 or toll-free: (1) 800 944 6190; Fax: +1 503 280 8832   E-mail: orders@isbs.com; Web Site: http://isbs.com

Recent Posts