02 March 2015

ARTICLE ANNOUNCEMENT: Introduction: Religious Law in the 21st Century

By Michael A. Helfand 
Pepperdine University School of Law
Pepperdine Law Review, Vol. 41, No. 991, 2014
Pepperdine University Legal Studies Research Paper No. 2015/15

Professor Helfand introduces this symposium on Religious Law in the 21st Century. Helfand notes that a recurring theme in recent debates over the relationship between law and religion is the unique challenge of reconciling conflicts not just between law and religion, but between the law of the nation-state and “religious legal communities” -- that is, communities that primarily experience their religious norms through the prism of legal rules. Muslim and Jewish communities serve as prime examples of such religious legal communities, and the challenges faced by these communities often parallel each other in important ways. Thus, an important subset of contemporary religious controversies -- from circumcision bans to anti-Sharia laws -- emerge as not only conflicts between law and religion, but as conflicts between law and law. And it is to this unique set of questions that the jointly-sponsored program of the Islamic Law and Jewish Law Sections of the American Association of Law Schools was addressed. The program was split into two thematic panels, and the articles in this symposium reflect those themes. The first -- titled “Religious Law in U.S. Courts” -- considered the various contexts in which U.S. courts have been asked to address religious questions that touch upon religious law. The second -- titled “Religious Law in the Secular State” -- considered contemporary issues related to the practice and implementation of religious law in secular democracies. Together, these papers bring new insight to these questions and serve as a springboard for discussion and debate about how religious law will fit into the ever-evolving landscape of the 21st century.

Click here to download this paper.

ARTICLE ANNOUNCEMENT: Randomized judicial rewiev

by Andrei Marmor
University of Southern California - Gould School of Law
February 23, 2015 USC Law Legal Studies Paper No. 15-8


One of the main arguments in support of constitutional judicial review points to the need to curtail the legal and political power of majority rule instantiated by democratic legislative institutions. This article aims to challenge the counter majoritarian argument for judicial review by showing that there is very little difference, at least morally speaking, between the current structure of constitutional judicial review in the US, and a system that would impose limits on majoritarian decisions procedures by an entirely randomized mechanism. The argument is based on a hypothetical model of a randomized system of judicial review, and proceeds to show that between the actual practices of judicial review in the US, and the hypothetical randomized model, there is not much to recommend the former. The current system of constitutional judicial review is fraught with many arbitrary elements, to an extent that makes the system only marginally better, if at all, compared with an overtly and blatantly randomized system.

Click here to download this paper.

28 February 2015

CALL FOR SUBMISSIONS: Trade law and development winter 2015

The Board of Editors of Trade, Law and Development [TL&D] is pleased to invite original, unpublished manuscripts for publication in the Winter ‘15 Issue of the Journal (Vol. 7, No. 2). The manuscripts may be in the form of Articles, Notes, Comments, and Book Reviews.
All manuscripts received by September 15, 2015, pertaining to any area within the purview of international economic law, will be reviewed by the editorial board for publication in the Winter ‘15 issue.
TL&D aims to generate and sustain a democratic debate on emerging issues in international economic law, with a special focus on the developing world. Towards these ends, we have published works by noted scholars such as Prof. Petros Mavroidis, Prof. Mitsuo Matsuhita, Prof. Raj Bhala, Prof. Joel Trachtman, Gabrielle Marceau, Simon Lester, Prof. Bryan Mercurio, Prof. E.U. Petersmann and Prof. M. Sornarajah among others. TL&D also has the distinction of being ranked the best journal in India across all fields of law for three consecutive years and the 10th best trade journal worldwide by Washington and Lee University, School of Law [The Washington & Lee Rankings are considered to be the most comprehensive in this regard].

For more information, please go through the submission guidelines available at www.tradelawdevelopment.com or write to us at editors[at]tradelawdevelopment.com.

27 February 2015

Dictionary of the Civil Code


CALL FOR PAPERS: ENHR Conference (Lisboa 2015)

ENHR

The Housing Law Research Network and the Housing Law Working Group, European Network of Housing Research (ENHR) invite submissions on any field of housing law broadly conceived (including housing rights, nuisance, neighbour law, tenure, dispute resolution and litigation, anti-social behaviour etc) for the annual conference to be held in Lisbon, Portugal 30th June - 3rd July. 

Full details can be found at www.enhr2015.com


Informal enquiries are welcome and can be made to Fanny Cornette (F.Cornette@tudelft.nl), Padraic Kenna (padraic.kenna@nuigalway.ie), Michel Vols (m.vols@rug.nl) or Julian Sidoli del Ceno (julian.sidolidelceno@bcu.ac.uk)

ARTICLE ANNOUNCEMENT: Rule of Law Reforms and Institutional Change Processes in Eastern DR Congo: Neo-institutional Economics vs Multijuralism

By Évelyne Jean-Bouchard
From Global Jurist, Volume 15, issue 1

Abstract
In development approaches, the link between rule of law institutional reforms and economic development is theorized by neo-institutional economics (NIE). From an economic analysis of law, NIE interprets the institutional variable through its ability to reduce uncertainty. The analysis of the relationship between institutions and development then leads to the study of institutional and normative changes. In this context, authors are referring to path dependence theory in order to explain the recurrent failure of rule of law reforms. However, I will argue that while NIE, by referring to path dependence theory, acknowledges that reforms take place within a complex set of particularities, I suggest that the notion of multijuralism, elaborated by the French legal anthropologist Étienne Le Roy, is more appropriated to describe this set of particularities in an African context. Using empirical data collected during an anthropological study regarding women’s rights in Democratic Republic of Congo, we will see that normative changes usually occur on the margins of State institutions. In addition, the embedded norms considered by NIE immobile through time are actually much more fluid than it seems.
Click here to download this paper

26 February 2015

BOOK ANNOUNCEMENT: EU Law in Judicial Review

Richard Gordon QC and Rowena Moffatt

This work provides comprehensive guidance to practitioners on EU issues in the context of judicial review, taking into account the latest developments. Discussing procedure, principle, and practice in three separate parts, it explores the interaction between EU and public law and discusses the most effective approaches for managing claims.

SECOND EDITION | SEPTEMBER 2014 | 656 PAGES | 

978-0-19-967533-3 | HARDBACK | £125

Find out more about this title >

REMINDER: PROPOSALS DUE - JURIS DIVERSITAS Annual Conference 2015

REMINDER: PROPOSALS DUE
JURIS DIVERSITAS Annual Conference 2015
2-4 June 2015
School of Law, University of Limerick
Limerick, Ireland
THE STATE AND/OF COMPARATIVE LAW
While any proposal on comparative law (broadly conceived) will be considered, the conference’s primary theme is the relationship between social and legal norms and social and legal institutions. In memory of Roderick A Macdonald (1948-2014) and H Patrick Glenn (1940-2014), both former members of our Advisory Council, particular attention will be given to the diverse themes of their scholarship: for example, ‘common laws’, ‘constitutive polyjurality’, ‘critical legal pluralism’, ‘everyday law’, 'implicit comparative law', and ‘legal cosmopolitanism’.
See http://jurisdiversitas.blogspot.ie/p/blog-page.html 

24 February 2015

BOOK: Moustaira on Art Collections, Private and Public

Art Collections, Private and Public: A Comparative Legal StudySpringer is publishing Elina Moustaira, Art Collections, Private and Public: A Comparative Legal Study (2015).

According to the announcement of the book's publication, it:

  • Presents legal analysis of private and public art collections from a comparative perspective
  • Describes the connection between art and law
  • Analyses the particularity of persons, objects and laws
  • Clarifies whether the capacities of collector and merchant are mutually exclusive
This book is a comparative legal study of the private and public art collections in various states of the world, covering the most important issues that usually arise and focusing on the differences and the similarities of the national laws in the treatment of those issues.
Have a look! - SPD

23 February 2015

ARTICLE ANNOUNCEMENT: Legal Reasoning and Stereotypes in the Case Law from a Comparative Family Law Perspective

By elena Faletti
The aim of this paper is the analysis of gender stereotypes in comparative family law, focusing on English and Italian case law, especially to the traditional gender roles: male-female, husband-wife, father-mother. Indeed, analyzing the grounds of the judgments in an area with a strong influence of political, philosophical, religious and social issues as family law, we find that stereotypes, especially gender stereotypes, could hide themselves behind apparently neutral concepts. But what is a “stereotype”? Especially a “gender stereotype”? It concerns the sex of a person, especially his or her failure to conform with socially accepted sexual behaviour about what “real” men or women do or don't do.

Click here to download this paper.

Recent Posts